Fw: Arc and Ligas Consent Decree Filed

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Ellen Garber Bronfeld

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Arc and Ligas Consent Decree Filed

The Arc of Illinois

January 11, 2011

Leaders in The Arc:

The Ligas Consent Decree was filed in Federal Court today. Congratulations to

Barry and all who have worked so hard on this important case!

This case is about choice of community services and 3,000 opportunities for

people now on the waiting list!

A press release on the consent decree follows. I have also attached the full

consent decree to this email.

Here is an 800 number from the Responsible Budget Coalition you can use to

connect with legislators in their Springfield offices: 800/664-9903.

Your message:

Pass the tax increase and do it now!

Keep your calls to the Capitol coming!!!

Tony auski

The Arc of Illinois

815-464-1832

Landmark Agreement Will Expand Community Living Opportunities for People with

Developmental Disabilities in Illinois

(CHICAGO, January 11, 2011) A groundbreaking agreement in Ligas v. Hamos, filed

today in the federal district court in Chicago, will dramatically expand

community living options for people with developmental disabilities, while

assuring those who choose to live in Intermediate Care Facilities for the

Developmentally Disabled (ICF-DDs) that their needs will continue to be met.

If approved by the court, the proposed Consent Decree will give residents of

ICF-DDs the choice to move into small community-based settings with the

necessary supports. The agreement also requires that an additional 3,000 people

with developmental disabilities currently living at home without services be

provided with community services.

This case is about choice, and now thousands of people with developmental

disabilities will have the option to choose community living, said Barry ,

Legal Advocacy Director at Equip for Equality, which served as lead counsel for

the plaintiffs. Under the proposed Consent Decree, the State of Illinois will

move closer to fulfilling the promise of the Americans with Disabilities Act to

integrate people with disabilities into our society.

An agreement was previously reached in this case, but Judge Holderman

denied final approval due to concerns raised by guardians of ICF-DD residents

that the agreement would adversely impact their family members. The new

agreement makes clear that ICF-DD residents who are happy with their current

placement would not be part of the proposed class and would not be required to

move. In addition, those in need of residential placement may still choose to

live in an ICF-DD. Only those who have affirmatively expressed a desire to

live in the community would be part of the class. The proposed Consent Decree

now ensures that resources necessary to meet the needs of those who choose to

continue to reside in ICF-DDs will be made available.

The resolution process, while extended, has been useful and productive,

commented lead trial counsel Grossbart, a litigation partner with SNR

Denton, which represented plaintiffs on a pro bono basis. Once all the parties

came together, we discovered that all of us wanted to ensure personal choice

allowing residents to make the judgment about which living arrangement was best

for them. The consensus that we reached will serve our clients, as well as

those who previously objected to the agreement.

Twenty years ago, Congress passed the Americans with Disabilities Act (ADA), and

more than 10 years ago, the Supreme Court ruled that undue segregation is

discrimination under the ADA. Notwithstanding the Supreme Courts ruling, most

people with developmental disabilities in Illinois seeking residential services

are only offered placements in large facilities. Illinois currently ranks 51st

among all states and the District of Columbia in serving people with

developmental disabilities in small integrated settings.

I want to live with friends in the community and have my own room, said

Cicarelli, a named plaintiff in the case. s father, Jim Cicarelli agreed,

Were so happy that our son, and many others with developmental disabilities,

will be fully integrated into the community. For over 10 years, has

waited to fulfill his dream to live in the community. We are thrilled that

finally his dream will be realized.

Experience around the country shows that when given meaningful supports, people

with disabilities thrive in community settings, explained Wolf,

Associate Legal Director of the American Civil Liberties Union of Illinois and

co-counsel for the plaintiffs. We are pleased that everyone involved has come

together to offer real choices to these citizens of Illinois.

In addition to the Ligas case, two other class actions were brought to expand

community living choices for people with disabilities in Illinois. In 2010,

Judge Hart approved a similar agreement in v. Quinn, a class

action on behalf of people with mental illness living in large private

state-funded facilities. A third case, Colbert v. Quinn, brought on behalf of

people with disabilities living in nursing homes in Cook County, is currently

pending.

This agreement is just one more step in the historic process to assure persons

with disabilities in Illinois have the choice to live in small, community-based

settings, where they can make decisions about who they live with, what time they

eat, what time they go to sleep and what they do during the day, explained Ed

Mullen, a representative for Access Living and co-counsel for the plaintiffs.

A copy of the proposed Consent Decree and other documents relevant to the case

are available at www.equipforequality.org

Reference: U.S. District Court, Northern District of Illinois, and Chicago

Case No. 1:05-cv-4331

Ligas et al v. Hamos et al

About SNR Denton

SNR Denton is a client-focused international legal practice delivering quality

and value. It serves clients in key business and financial centers from 49

locations in 33 countries, through offices, associate firms and special

alliances across the US, UK, Europe, the Middle East, Russia and the CIS, Asia

Pacific and Africa, making us a top 25 legal services provider by lawyers and

professionals worldwide. SNR Denton offers business, government and

institutional clients premier service and a disciplined focus to meet evolving

needs in eight key industry sectors: Energy, Transport and Infrastructure;

Financial Institutions and Funds; Government; Health and Life Sciences;

Insurance; Manufacturing; Real Estate, Retail and Hotels; and Technology, Media

and Telecommunications. For more information, visit www.snrdenton.com.

About Equip for Equality

Designated in 1985 as the federally funded Protection and Advocacy System for

people with disabilities in Illinois, Equip for Equalitys mission is to advance

the human and civil rights of people with all types of disabilities in Illinois.

Equip for Equality provides self-advocacy assistance, legal services, and

disability rights education while also engaging in public policy and legislative

advocacy and conducting abuse investigations and other oversight activities.

For more information, www.equipforequality.org

About Access Living

Access Living is a cross-disability, not-for-profit organization whose mission

is to work toward the full equality, inclusion and empowerment of all people

with disabilities. It is governed and staffed by a majority of people with

disabilities. For more information, www.accessliving.org

About the ACLU of Illinois

The American Civil Liberties Union is a non-partisan, non-profit membership

organization dedicated to protecting and extending freedom, liberty and equality

to all in the United States. The work of the ACLU is based upon, but not

limited to, protecting the liberties and freedoms guaranteed by the U.S.

Constitution, especially the Bill of Rights. With a membership of more than

500,000 nationwide - more than 23,000 in Illinois - the ACLU accomplishes its

goals through litigating, lobbying and educating the public on a broad array of

issues affecting our liberties. For more information, www.aclu-il.org

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