Why is Olmstead Important?
On June 22, 1999, the Supreme Court decided
the case of Olmstead v. L.C. & E.W. (Olmstead vs L.C.). The Court
ruled that it is a form of discrimination under the Americans with Disabilities
Act (ADA) when states fail to find community placements for individuals with
disabilities, thus causing them to remain in institutional settings. It is
called the Olmstead decision.
The Olmstead decision upholds a key civil
rights provision in the ADA, known as the "integration mandate", which
maintains that individuals with disabilities must be offerd services in the
"most integrated setting". It reinforces the fundamental intent of the ADA,
which is to prevent discrimination and promote the integration of people with
disabilities into their communities.
The Olmstead decision specifically
interpreted Title II of the ADA and its implementing regulation, which oblige
States to administer their services, programs, and activities "in the most
integrated setting appropriate to the needs of qualified individuals with
disabilities." Under the Court's decision, States are required to provide
community-based services for persons with disabilities who would otherwise be
entitled to institutional services when the State's treatment professionals
reasonably determine that such placement is appropriate, the affected person
does not oppose such treatment, and the placement can be reasonably
accommodated, taking into account the resources available to the State and the
needs of others who are receiving State-supported disability services.
In order to comply with the Court's ruling, States
must develop comprehensive plans to end unnecessary institutionalization.
They also need to implement those plans at a "reasonable pace.' |