Dept of Justice files brief against IL re: failure to comply with Olmstead

[Guest guest]

GREATLAKES@...

Subject: DOJ Press Release: Briefs Filed in Florida , Illinois and New

Jersey to Support the Supreme Court 's Olmstead Decision

The following Press Release us forwarded to you by the DBTAC-Great Lakes

ADA Center (www.adagreatlakes.org) for your information:

Department of Justice

Office of Public Affairs

FOR IMMEDIATE RELEASE

Tuesday, May 25, 2010

Briefs Filed in Florida, Illinois and New Jersey to Support the Supreme Court's

Olmstead Decision

Briefs Allege Failure to Comply with the ADA

WASHINGTON - The Justice Department today announced it has filed briefs in

three separate cases in Florida, Illinois and New Jersey as part of its

continuing effort to enforce civil rights laws that require states to end

discrimination against and unnecessary segregation of persons with

disabilities. The department's filings support two private lawsuits

seeking relief in Florida and New Jersey, as well as a proposed statewide

class action settlement in Illinois.

The briefs allege that the three states are failing to comply with the

Americans with Disabilities Act (ADA) and the Supreme Court's decision in

Olmstead v. L.C., a decision that has often been called the Brown v. Board

of Education of the disability rights movement. Last year, President Obama

issued a proclamation launching the " Year of Community Living, " and has

directed the Administration to redouble enforcement efforts.

" As the Supreme Court determined in the landmark Olmstead decision,

unjustified institutionalization violates the rights of individuals with

disabilities and stigmatizes them as unworthy of participation in

community life, " said E. , Assistant Attorney General for the

Civil Rights Division. " Florida, Illinois and New Jersey can provide

community-based services to people with disabilities, and the law requires

them to do so to prevent unnecessary institutionalization. "

The department filed a brief as amicus curiae, or a " friend of the court, "

to support a motion by New Jersey residents with disabilities for summary

judgment against the state on their claims brought under the ADA.

According to the brief, New Jersey is failing to serve individuals with

disabilities in the most integrated setting appropriate to their needs.

New Jersey's placement from institutions to community-based settings has

slowed to a trickle, with new admissions largely being placed in

institutions. Thousands of individuals continue to be institutionalized

despite meeting ADA and Olmstead criteria for community placement, the

brief states.

In Florida, the department filed a statement of interest to support

Michele Haddad's lawsuit against the state for violations of the ADA's

integration mandate as set forth in Olmstead. Haddad's lawsuit alleges

that Florida fails to provide community-based services to

Medicaid-eligible individuals with spinal cord injuries who are at risk of

institutionalization. Instead, the state will fund those services only

after an individual relinquishes his or her ties to the community and

enters a nursing home. Haddad has successfully resided in the community

since 2007, but is at risk of entry into a nursing home due to changes in

her caregiver situation. Haddad, who has been on the waiting list for

services for two years, notified the state of her increased need for

services, but was told that community services would only be available if

she was willing to enter a nursing home for 60 days. The United States'

filing supports Haddad's complaint and declaration for a preliminary

injunction against Florida.

In the Northern District of Illinois, the department filed a statement of

interest in support of a proposed settlement, embodied in a consent

decree, between the state of Illinois and a group of individuals with

mental illness living in large, privately-run institutions. The lawsuit

alleges that the state of Illinois relies on these facilities, called

Institutions for Mental Disease (IMDs), to provide long-term care services

while failing to offer services in community-based settings, in violation

of Olmstead. According to the statement, the United States supports the

preliminary approval of the consent decree because it advances the

important public interest in community integration.

The full and fair enforcement of the ADA and its mandate to integrate

individuals with disabilities is a major priority of the Civil Rights

Division. The ADA protects individuals with disabilities from

discrimination by public entities. People interested in finding out more

about the ADA can call the Justice Department's toll-free ADA Information

Line at 1-800-514-0301 or 1-800-514-0383 (TTY), or access its ADA website

at www.ada.gov, where all relevant case filings can be found.

Source: http://www.justice.gov/opa/pr/2010/May/10-crt-612.html

[Guest guest]

GREATLAKES@...

Subject: DOJ Press Release: Briefs Filed in Florida , Illinois and New

Jersey to Support the Supreme Court 's Olmstead Decision

The following Press Release us forwarded to you by the DBTAC-Great Lakes

ADA Center (www.adagreatlakes.org) for your information:

Department of Justice

Office of Public Affairs

FOR IMMEDIATE RELEASE

Tuesday, May 25, 2010

Briefs Filed in Florida, Illinois and New Jersey to Support the Supreme Court's

Olmstead Decision

Briefs Allege Failure to Comply with the ADA

WASHINGTON - The Justice Department today announced it has filed briefs in

three separate cases in Florida, Illinois and New Jersey as part of its

continuing effort to enforce civil rights laws that require states to end

discrimination against and unnecessary segregation of persons with

disabilities. The department's filings support two private lawsuits

seeking relief in Florida and New Jersey, as well as a proposed statewide

class action settlement in Illinois.

The briefs allege that the three states are failing to comply with the

Americans with Disabilities Act (ADA) and the Supreme Court's decision in

Olmstead v. L.C., a decision that has often been called the Brown v. Board

of Education of the disability rights movement. Last year, President Obama

issued a proclamation launching the " Year of Community Living, " and has

directed the Administration to redouble enforcement efforts.

" As the Supreme Court determined in the landmark Olmstead decision,

unjustified institutionalization violates the rights of individuals with

disabilities and stigmatizes them as unworthy of participation in

community life, " said E. , Assistant Attorney General for the

Civil Rights Division. " Florida, Illinois and New Jersey can provide

community-based services to people with disabilities, and the law requires

them to do so to prevent unnecessary institutionalization. "

The department filed a brief as amicus curiae, or a " friend of the court, "

to support a motion by New Jersey residents with disabilities for summary

judgment against the state on their claims brought under the ADA.

According to the brief, New Jersey is failing to serve individuals with

disabilities in the most integrated setting appropriate to their needs.

New Jersey's placement from institutions to community-based settings has

slowed to a trickle, with new admissions largely being placed in

institutions. Thousands of individuals continue to be institutionalized

despite meeting ADA and Olmstead criteria for community placement, the

brief states.

In Florida, the department filed a statement of interest to support

Michele Haddad's lawsuit against the state for violations of the ADA's

integration mandate as set forth in Olmstead. Haddad's lawsuit alleges

that Florida fails to provide community-based services to

Medicaid-eligible individuals with spinal cord injuries who are at risk of

institutionalization. Instead, the state will fund those services only

after an individual relinquishes his or her ties to the community and

enters a nursing home. Haddad has successfully resided in the community

since 2007, but is at risk of entry into a nursing home due to changes in

her caregiver situation. Haddad, who has been on the waiting list for

services for two years, notified the state of her increased need for

services, but was told that community services would only be available if

she was willing to enter a nursing home for 60 days. The United States'

filing supports Haddad's complaint and declaration for a preliminary

injunction against Florida.

In the Northern District of Illinois, the department filed a statement of

interest in support of a proposed settlement, embodied in a consent

decree, between the state of Illinois and a group of individuals with

mental illness living in large, privately-run institutions. The lawsuit

alleges that the state of Illinois relies on these facilities, called

Institutions for Mental Disease (IMDs), to provide long-term care services

while failing to offer services in community-based settings, in violation

of Olmstead. According to the statement, the United States supports the

preliminary approval of the consent decree because it advances the

important public interest in community integration.

The full and fair enforcement of the ADA and its mandate to integrate

individuals with disabilities is a major priority of the Civil Rights

Division. The ADA protects individuals with disabilities from

discrimination by public entities. People interested in finding out more

about the ADA can call the Justice Department's toll-free ADA Information

Line at 1-800-514-0301 or 1-800-514-0383 (TTY), or access its ADA website

at www.ada.gov, where all relevant case filings can be found.

Source: http://www.justice.gov/opa/pr/2010/May/10-crt-612.html