New Olmstead resource

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Department of Justice

Office of Public Affairs

FOR IMMEDIATE RELEASE

Thursday, June 23, 2011

Justice Department Issues Technical Assistance Document on Enforcement of the

Supreme Court Decision in Olmstead v. L.C.

WASHINGTON – The Department of Justice released a new technical assistance

document describing public entities’ obligations and individuals’ rights

under the integration mandate of title II of the Americans with Disabilities Act

(ADA) and the 1999 landmark Supreme Court decision, Olmstead v. L.C. The

Olmstead decision held that the ADA requires public entities to provide

community-based services to persons with disabilities when such services are

appropriate; the affected persons do not oppose community-based treatment; and

community-based services can be reasonably accommodated. The document also

provides questions and answers on a variety of ADA enforcement issues related to

Olmstead.

Additionally, in commemorating the 12th anniversary of the Olmstead decision

yesterday, the department launched a new section of its ADA website,

www.ada.gov/olmstead , providing information and resources about the decision

and its enforcement. In addition to the newly created technical assistance

document, users can visit the site to find briefs filed by the Department, as

well as other materials relevant to this important area of law. The ADA

website provides easy access to an extensive collection of ADA technical

assistance materials and settlement agreements, as well as information about

enforcement, mediation, technical assistance and certification activities and

links to other sites with ADA information. The addition of the new Olmstead

section of the site will provide critical information to individuals with

disabilities, advocates and state and local officials responsible for complying

with the ADA’s integration mandate.

“The Olmstead decision recognized the rights of individuals with disabilities

to live the lives they choose, but its promise has not yet been fully realized.

Far too many people remain segregated in institutions when they would rather be

thriving in their communities,†said E. , Assistant Attorney

General for the Civil Rights Division. “The Justice Department is committed to

making the promise a reality, and will continue to aggressively enforce

Olmstead.â€

President Obama has made clear his commitment to Olmstead enforcement, and in

2009 launched “The Year of Community Living,†directing agencies to

vigorously enforce Olmstead and the rights of individuals with disabilities.

Since that time, the Civil Rights Division has made Olmstead enforcement a top

priority, joining or initiating Olmstead litigation in more than 25 cases in 17

states. In 2010, the division reached a landmark settlement agreement with the

state of Georgia that will allow thousands of individuals with disabilities to

receive services in community settings, and will serve as a model for

comprehensive agreements going forward.

For more information about the ADA , including how to file complaints related to

Olmstead enforcement, c all the Justice Department’s toll-free ADA Information

Line at (800) 514-0301 or (800) 514-0383 (TTY), or access the department’s ADA

website at www.ada.gov/olmstead. For the full technical assistance document,

please visit www.ada.gov/olmstead/q & a_olmstead.htm.