- United States
- S.C.
- Letter
The DOJ will no longer enforce the olmstead act.
The Department of Justice issued a legal memorandum and guidance clarifying it will no longer rely on or enforce the ADA's "integration mandate" guidance that stems from the landmark 1999 Supreme Court ruling Olmstead v. L.C.
While the DOJ's policy shift does not explicitly overturn Olmstead or the Americans with Disabilities Act itself, it marks a major change in how the federal government views those protections.
Specifically, the DOJ's Office of Legal Counsel argued that federal law does not legally require states to treat or house individuals in community-based settings rather than institutions, which means the federal government will no longer support private lawsuits or use the previous Olmstead guidance to penalize states that alter or reduce home and community-based services.
This is unacceptable and unconscionable.
People living with disabilities deserve the right to live in their homes, often with family, and receive dignified care.
Forcing people with disabilities to live in institutions to receive the care the need lacks basic decency. For those lawmakers who care nothing for decency, it also cost more money to care for people with disabilities and results in worse outcomes, both short term and longterm.
In a nutshell, allowing disabled people to live in their homes while receiving state or federal funding to cover the necessary care is both more compassionate and more fiscally responsible of those taxpayer funded dollars.
Senators and House Representatives have a responsibility to demand the DOJ enforce the laws on the books.
I'm so tired of this administration tearing our communities down. The government is supposed to work for the people, not pad the pockets of the elites while stripping benefits from Americans.