WHAT'S HAPPENING

DEPARTMENT OF JUSTICE CITES UTAH AND MISSOURI AMONG STATES VIOLATING DISABILITY RIGHTS

Federal officials are cracking down on Americans with Disabilities Act violations in multiple states, even after a landmark U.S. Supreme Court decision affirming the rights of people with disabilities to live in the community was established 25 years ago.

The Department of Justice announced in recent days that investigations found that both Utah and Missouri are unnecessarily segregating people with disabilities. In addition, the agency took actions in Alaska, Ohio and Alabama to uphold the rights of voters with disabilities.

The announcement comes as the nation marks the 25th anniversary of the high court's decision in Olmstead v. L.C., which found that unjustified segregation of persons with disabilities constitutes dis crimination in violation of title II of the Americans with Disabilities Act. The ruling declared states must provide services in the community when appropriate to individuals with disabilities if they do not oppose it and if community-based services can be "reasonably accommodated."

The Department of Justice concluded that Utah is violating the ADA by "unnecessarily segregating adults and youth with I/DD in employment and day service settings that prevent them from interacting with people without disabilities to the fullest extent possible."

Federal officials argued that the state relies too heavily on sheltered workshops and day programs where people with disabilities have little choice about how to spend their time. In addition, the investigation found that youth with disabilities are at risk of unnecessary segregation when they transition to adult services. 

The Department of Justice made reference to guidance it issued in 2023 addressing how the requirements of the Olmstead opinion should be applied to publicly-funded employment and day services. Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division said "Full inclusion in society is a central promise of the ADA. People with intellectual and developmental disabilities are entitled to full inclusion, and to the dignity and purpose that comes with deciding where to work and how to spend their days."

In Missouri, the Justice Department determined that the state is not providing the community-based services necessary to meet people's needs and is relying too heavily on guardianships leading people who should be able to be served in the community to wind up in nursing facilities instead.

A separate Justice Department investigation discovered that the state of Alaska is discriminating against voters with disabilities by failing to provide an accessible ballot, selecting inaccessible polling places and having an inaccessible

elections website. Federal officials also filed statements of interest in cases in Ohio and Alabama regarding the right of people with disabilities to receive assistance when voting.

Senior director of legal advocacy and general counsel at The Arc, Shira Wakschlag, said her group welcomed the flurry of activity from the Justice Department. "Each action represents important progress to realizing the promise of Olmstead and ensuring that people with disabilities can live in the communities of their choice with the supports they need to thrive," said Wakschlag.

Maria Town, president and CEO of the American Association of People with Disabilities, noted that the government's findings highlight the many barriers that remain and that "fulfilling Olmstead's promise of integration requires constant monitoring and accountability."

"While I am glad that the Department of Justice has investigated and taken action to uphold disabled people's Olmstead civil rights, it is devastating that 25 years after the decision, disabled advocates' demands for true, full integration are still unfulfilled," she said. "So many of these cases coming out at the same time also raises questions about what is happening where these violations go unreported or (are) better hidden across the country."

VOTE OF CONFIDENCE: The Justice Department investigation discovered that several states have violated the Americans with Disabilities Act, including discriminating against voters with disabilities by selecting inaccessible polling places.