New federal notice threatens disability rights

Community living is a civil right for people with disabilities

By Jeremy Murphy, Michigan Developmental Disabilities Council chair

As our nation celebrates 250 years of independence, the Michigan Developmental Disabilities Council (MiDDC) reflects on the meaning of freedom and the promise that every person should have the opportunity to live with dignity and independence.

Recently, the U.S. Department of Justice issued a notice in the Federal Register announcing it “will not rely on the Olmstead Guidance in its enforcement of Title II of the Americans with Disabilities Act (ADA).” State and local governments have relied on the Olmstead Guidance since 2011 to comply with the ADA’s integration mandate.

The integration mandate is a key principle under Title II of the ADA and was strongly supported by the Supreme Court’s decision in Olmstead v. L.C., which confirmed people with disabilities are entitled to receive services in the community rather than in institutions.

This development comes on the heels of a recent U.S. Justice Department Office of Legal Counsel (OLC) memorandum questioning the long-standing interpretation of the integration mandate, including whether federal law requires states to provide home- and community-based care to people with disabilities. For decades, the mandate has been a cornerstone of the disability rights movement. It reflects a simple but powerful idea that people with disabilities have the right to live, work and participate fully in their communities.

While Monday’s notice does not change the ADA or overturn Olmstead, it does signal a troubling shift away from the belief that people with disabilities have the same right as anyone else to receive services in their communities rather than in institutions. The decision to stop relying on the Olmstead Guidance removes a key tool that has helped states interpret and apply the integration mandate for more than a decade.

For many Americans, independence means making choices about where to live, where to work, how to spend time with family and friends and how to engage in active community life. Disability advocates have worked for decades to protect those same freedoms for people with disabilities. Without the integration mandate, much of this progress could be lost. The move away from institutions toward group homes, supported living and family-based settings could be reversed if the federal government stops enforcing the integration mandate.

MiDDC remains dedicated to protecting and advancing the civil rights of people with developmental disabilities and their families. We believe everyone should have the freedom to make choices about their own life, receive support and services in their community and become fully integrated members of society.

As we celebrate the freedoms our nation was founded upon, we must also renew our commitment to protect the freedom of people with disabilities to live as full and equal members of society. The promise of the ADA and Olmstead is clear: people with disabilities belong in their communities. Community living is not negotiable. Freedom and independence are not optional for people with disabilities.

Jeremy Murphy is chair of the Michigan Developmental Disabilities Council. MiDDC members are appointed by the Governor and include individuals with disabilities; family members of people with disabilities; and professionals from state and local agencies who provide supports and services to people with developmental disabilities.