Westchester Independent Living Center, Inc.
   
 
 
 
 

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.'


 
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