Baltimore, MD (March 9, 2021) ⁠— The Arc Maryland is suing Baltimore City and Carroll, Garrett, Queen Anne’s, Somerset, and Talbot counties, charging they have discriminated against people with intellectual and developmental disabilities (IDD) by denying opportunities for them to access COVID-19 vaccines. 

The lawsuit filed last night in U.S. District Court for the District of Maryland Northern Division by The Arc Maryland – which is being represented by Disability Rights Maryland, The Arc of the United States, and the Brown & Barron Law Firm – asserts that the websites being used by the six named jurisdictions to convey information about coronavirus vaccines fail to include people with IDD as eligible for vaccines under Phase 1B of Maryland’s vaccine priority plan. This is not only inconsistent with Maryland’s Executive Order and Vaccination Plan, which specifies people with intellectual and developmental disabilities have priority under Phase 1B, but also violates the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.

“Simply put, this discrimination puts lives at stake,” says Ray Marshall, Board President of The Arc Maryland. People with intellectual and developmental disabilities have faced and overcome incredible obstacles over the past year,” Marshall notes. “It is frustrating to have our state recognize people with IDD to be the 1B priority group for the vaccine, only for people with IDD to be denied equitable access to the vaccine from the counties in which they live. We hope this action will result in immediate change for the benefit of all.”

Numerous studies indicate that people with IDD face significantly heightened COVID-19 risk. That risk may be increased for those who rely on caregivers or direct support professionals to provide assistance with daily activities, for which social distancing is often not possible. This is particularly true for those people supported by a provider organization, such as one of The Arc Maryland’s local affiliates. According to a study published this week in the New England Journal of Medicine, Catalyst, COVID-19-related fatality rates among people with IDD nationally who have tested positive for COVID-19 are 2-3 times greater than mortality rates among the general population who have tested positive for COVID-19.

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Source: Disability Rights Maryland, March 12, 2021