An open letter to the U.S. Congress

Defend Olmstead and Reject the DOJ's Attack on Disability Rights

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The Trump administration's Department of Justice just issued a 39-page memo gutting the Olmstead decision, and you need to act to stop it. The memo, authored by Lanora C. Pettit of the Office of Legal Counsel, now stands as the official position of the United States government — claiming that neither the ADA nor Section 504 of the Rehabilitation Act require states to serve people with developmental disabilities in community-based settings. This is a direct attack on 25 years of civil rights progress. The DOJ's own memo admits its interpretation "is out of step with the common understanding of that decision within the federal courts." They know this is legally shaky — they're counting on states to act before anyone can stop them. Disability advocates are warning this will allow states to reverse decades of deinstitutionalization and institutionalize people without fear of federal enforcement. The American Association of People with Disabilities has said plainly: this could cost people their autonomy and their lives. Congress has the power to act here. Jennifer Mathis of the Bazelon Center for Mental Health Law has made clear that only Congress can change the law itself. Introduce or co-sponsor legislation that codifies Olmstead protections into statute, block any regulatory changes to the ADA and Section 504 that flow from this memo, and use every oversight tool available to push back on this administration's dismantling of disability rights.

▶ Created on June 22 by States ask for townhalls

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