Civil Rights under Title II of the ADA

	The Issue	The Latest Scoop	Action Steps	Lead Contacts	More Information

The Issue

Violation of Civil Rights under Title II of the ADA: The Olmstead Decision The Olmstead decision refers to a court case (Olmstead v L.C. and E.W.) decided by the United States Supreme Court in 1999. The case involved two women with disabilities living in a state mental hospital in Georgia due to the shortage of appropriate community living arrangements.

The Court clearly stated in the case that denial of community placements to individuals with disabilities who are able to live in the community is segregation. The ruling also stated that unnecessary segregation and institutionalization constitute discrimination and violate the "integration mandate" of the Americans with Disabilities Act unless certain circumstances apply.

People with disabilities and advocates have been concerned with Wisconsin's response to the Supreme Court's Olmstead Decision. Complaints from consumers and individuals on waiting lists for services have prompted the Office of Civil Rights of the United States Department of Health and Human Services to become involved and begin a preliminary investigation.

The Court ruling does not mean that institutions for people with disabilities will begin to close. Instead, it means that states are obligated to move people with disabilities into less restrictive settings only if all parties agree that this move is appropriate and if there are sufficient resources to accommodate such a move. States can avoid lawsuits by demonstrating that a comprehensive and effective work plan for placing individuals in less restrictive settings is in place, and that waiting lists for services were declining at a reasonable pace.

In Wisconsin, people with disabilities and advocates are concerned that there is no plan for implementing the least restricting environment for people with disabilities living in institutions or living in the community. The Survival Coalition is advocating for the Wisconsin Department of Health and Family Services to develop a plan to evaluate and place individuals in the community, and to end the waiting list for services.

On the national level, the Americans with Disabilities Act has undergone a number of court challenges. A number of national organizations and e-mail networks monitor court cases and legislation amending the ADA. Legislation has also been introduced that removes the institutional bias in Medicaid funding.

The Latest Scoop (Updated: 08/18/2008)

The Department of Health and Family Services (DHFS) is applying for three federal Department of Health and Human Service (DHHS) systems change grants to help address the Olmstead issue. They consist of a Nursing Facility Transitions Grant, Real Choice Systems Change Grant, and Personal Assistance Service Grant. The primary purpose of the grants is to plan and move people, in addition to funds, from institutional care to community-based care.

On Monday, June 19, 2001, President Bush signed an Executive Order promoting community-based alternatives rather than institutions for individuals with disabilities. This Executive order directs key federal agencies to work closely with states to ensure full compliance with the Supreme Court ruling in the Olmstead case and the Americans with Disabilities Act.

The Executive order directs DHHS to coordinate an effort by all federal agencies to evaluate their own policies, programs, and regulations to ensure that community-based services for people with disabilities are available. Additionally, it directs the Attorney General and the Secretary of DHHS to fully enforce Title II of the ADA, including alternative dispute resolution mechanisms to help resolve complaints filed by those who allege they are victims of unjustified institutionalization.

The federal Office of Civil Rights (OCR) is continuing to investigate individual Olmstead complaints and is working with the state Department of Health and Family Services to address systematic complaints. The current budget process begins to address the waiting list issue. Additional funds have been allocated for CIP, COP, Family Support, and Birth to Three. Additional information about the process and its outcomes can be viewed at our Waiting List page.

Action Steps

1. If you are concerned about the justification of your or another person's institutionalization, would like to file an OCR complaint, or would like general information and/or technical assistance regarding civil rights matters, contact:
   
   Michael Kruley
   233 N. Michigan Ave. Suite 240
   Chicago, IL 60601
   312-886-5893
   800-368-1019
   TDD: 800-863-0101
   312-886-1807
   mkruley@os.dhhs.gov
   
   
2. Call or write the Governor and share your ideas about the Olmstead decision and waiting lists in Wisconsin.
   
   Governor Jim Doyle
   State Capitol
   PO Box 7863
   
   Madison WI Please also send a copy of this letter to both:
   
   Secretary Helene Nelson
   Department of Health and Family Services
   1 W. Wilson Street
   Madison, WI 53702
   
   Jim Hoegemeier
   Arc-Wisconsin
   600 Williamson Street
   Madison, WI 53703

Lead Contacts

Two member agencies of the Wisconsin Survival Coalition:

Arc-Wisconsin
600 Williamson Street
Madison, WI 53703
Phone: (1-877-272-8400) or (608-251-9272)
Fax: (608) 251-1403
Email: arcw@itis.com

Wisconsin Coalition for Advocacy
Suite 400
16 N Carroll Street
Madison WI 53703
Voice and TDD: (608) 267-0214
Fax: (608) 267-0368
Email: wcamsn@w-c-a.org

If you are not yet a member of the DAWN network, we hope that you will join us. Please register at http://www.dawninfo.org/ea/index.cfm.

More Information

• Issue alerts:
  
• Plain Talk
  
• Advocacy Resources:
  
• Background Papers:
  1. Judy K Decison (PDF), Wisconsin Coalition for Advocacy, August 2002
  2. Supreme Court Decides Olmstead Case, An article in the Spotlight, the Newsletter of the Wisconsin Council on Developmental Disabilities, Vol. 5, Number 2, Summer 1999
  3. Letter to the Office of Civil Rights of the U.S. Department of Health and Human Services from the Wisconsin Coalition for Advocacy, June 5, 2000
  4. Summary of Recent Exchanges between OCR, DHFS & Advocates regarding Olmstead, Medicaid Law, and Related Issues by the Wisconsin Survival Coalition, September 2000
  5. The Olmstead Decision, Memo #2, Joint Legislative Council Special Committee on Developmental Disabilities, September 27,2000
  6. Litigation Concerning Medicaid Services for People with Developmental Disabilities (PDF) , by Gary A. Smith, National Association of State Directors of Developmental Disabilities Services, Inc. July 10, 2001
  7. Most Integrated Setting - The Olmstead Decision, Office of Civil Rights
  8. Remarks by the President Highlighting his Commitment to Americans with Disabilities
     
• Fiscal Information:
  
• Stories of Wisconsin's citizens with disabilities:
  
• Links to relevant disability information:
  
  1. Disability Rights Section and ADA information, Civil Rights Division, U.S. Department of Justice
  2. ADA/Olmstead Decision Related Links