DOJ Memo Threatens the Right to Live in the Community

On June 18, the Department of Justice (DOJ) released a legal memo saying that federal disability rights laws do not require states to provide services in the most integrated setting.

This directly attacks Olmstead v. L.C., a landmark 1999 Supreme Court ruling that has been the foundation of disability civil rights law for 27 years. Olmstead established the "integration mandate" — the legal requirement that people with disabilities must be served in the most integrated (least restrictive) setting appropriate to their needs. This protection has been understood for decades through the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and Olmstead itself. Courts across the country have upheld it for decades.

The DOJ memo argues that none of these laws actually require services in the most integrated setting, and that Congress never intended to make unnecessary institutionalization illegal. The memo itself admits this view is "out of step" with decades of court rulings.

This memo is not a law — but it matters. Federal agencies look to it when deciding how to act, and states may use it as an excuse to cut back on community-based services. If that happens, people with disabilities could face pressure to move into institutions, even when they want to — and can — live in the community. Research consistently shows that community-based care is both better for people and less expensive.

Where We Stand

From the Independent Living Movement's perspective: segregation is discrimination and the integration mandate is not optional. Centers for Independent Living exist because of the hard-won principle that people with disabilities have the right to self-determination, dignity, and full inclusion in their communities — not to be managed, isolated, or institutionalized. Our center stands firmly with that principle.

For Understanding the Olmstead Memo

• NCIL: Statement Condemning and Rejecting the DOJ Memo

• AAPD: DOJ Memo Is Attempting to Turn Back the Clock on Integration and Olmstead's Promise

• ASAN: ASAN Condemns OLC Memo Threatening Community Living

• ACLU: Statement on DOJ Memo Threatening the Right to Community Living

• DREDF: We Belong in the Community, Not in Institutions

• Communication First: First In, Last Out — What to Know and Why to Care About Olmstead and the DOJ Memo

#Olmstead

This is one of three major threats disabled people are facing right now. See all three and how to get involved →

ECNV will be participating in Hill Day on Wednesday, July 22nd, during NCIL's annual conference, bringing these issues directly to our representatives in Washington. If you're interested in joining us, please email Laura Kim, Policy & Advocacy Coordinator, at LauraK@ecnv.org by July 15th.

We're stronger when we advocate together!