On June 22, 1999, the Supreme Court found in Olmstead v. L.C. (Lois Curtis) that the segregation and unnecessary institutionalization of people with disabilities is discrimination in violation of federal law prohibited by the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973. The Court recognized the right of people with disabilities to be treated as equal members of the society, to live and work in their communities, and receive services in the most integrated setting, which is almost always outside of an institution. The Olmstead decision resulted from the bravery and steadfast advocacy of Lois Curtis and her co-plaintiff Elaine Wilson. Curtis and Wilson, who had mental and intellectual disabilities, were approved to get services in the community and wanted to live in the community but were forced to remain in a state-run Georgia psychiatric unit because of a lack of community-based services. The Court held that unjustified segregation, which “perpetuates unwarranted assumptions that persons so isolated are incapable or unworthy of participating in community life,” is a form of discrimination under the Americans with Disabilities Act. The Court recognized that “confinement in an institution severely diminishes the everyday life activities of individuals, including family relations, social contacts, work options, economic independence, educational advancement, and cultural enrichment.”
There still remains much to be done. Currently over 268,980 people with intellectual and developmental disabilities live in congregate, institutional settings or are on waitlists for services and residential programs, and thousands of people with mental health disabilities are involuntarily detained annually. People with disabilities who live in other types of institutions - e.g., prisons, long-term care hospitals, residential treatment facilities, and the 1.2 million adults living in nursing homes - are often under-counted and not included in these numbers. Many marginalized communities, including Black, Brown, and LGBTQI+ disabled people, are disparately impacted by the harms of institutionalization.
The Bazelon Center also hosted an anniversary event that brought together leaders from the federal government, the disability rights and disability justice movements, grassroots advocates and youth with lived expertise to reflect on accomplishments, lessons learned and the future of legal advocacy to achieve full community integration for youth with disabilities. The event celebrated the lives and legacies of plaintiffs Lois Curtis and Elaine Wilson and all who fight to live outside of institutions and to live full lives in their communities. We appreciate all those who joined us for our virtual panel to mark a quarter century of fighting to achieve the promise of Olmstead – dignity, autonomy and full inclusion for people with disabilities in all aspects of life.
As part of our efforts to achieve the promise of Olmstead, we continued our advocacy to end the practice of sending police to mental health emergencies, when medical professionals would be sent to other health emergencies, like a heart attack. A police response is the wrong response and too often leads to arrest, incarceration and even death, especially for Black people experiencing a mental health crisis. This week, we filed an amicus brief in federal court arguing that the District of Columbia must send a health response, not police, to people experiencing a mental health crisis. Failure to do so is discrimination in violation of federal law.
Much work remains. We appreciate your help to continue our legal, policy and public advocacy.
