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     The following continues to be one of the most important disability rights issues of our time:

The Olmstead case is about L.C. and E.W., two people with mental disabilities from Georgia who had to live in a state hospital in order to receive the support services they need. These two sued the state under the Americans with Disabilities Act, Title II, saying that this arrangement violated their right to services in the most integrated setting, and they won.

The June 1999 Supreme Court ruling in L.C. & E.W. vs. Olmstead interpreted the ADA to mean that states must provide services in the most integrated setting appropriate in order to meet the needs of qualified individuals with disabilities. It is a violation of the ADA for states to discriminate against people with disabilities by providing services solely in institutions when the individual could be served more appropriately in a community-based setting. The ruling directs states to make "reasonable modifications" in programs and activities.

The Court suggested that a state could establish compliance with ADA (1) if it has a comprehensive, effective working plan for placing qualified people in less restrictive, integrated settings, and (2) if there is a waiting list for community-based services, it ensures that people can come off the list at a reasonable pace and receive services.

As a result, the federal government has encouraged states to plan for reforms not only in the health arena but also in the areas of transportation, housing, education and other social supports to fully integrate people with disabilities into the least restrictive settings.

The following are helpful links regarding Olmstead and the enforcement of the Americans With Disabilities Act:
 
OLMSTEAD V. L. C. (98-536) 527 U.S. 581 (1999) 138 F.3d 893
 
Olmstead ResourcesPresidential Executive Order
United States Dept. Of Human Health ServicesHow Are State's Complying?
Centers For Medicare & Medicaid ServicesReclaiming Institutionalized Lives
Olmstead in New YorkThe Future Of Olmstead
National Council On DisibilityDisabilityLawyers.com
 
Additional Information About The Olmstead Decision
 
 
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4 = Home, 5 = Advocacy, 6 = Services,
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b = OLMSTEAD V. L. C. (98-536) 527 U.S. 581 (1999) 138 F.3d 893,
d = Olmstead Resources,
f = Presidential Executive Order,
g = United States Dept. Of Human Health Services,
h = How Are State's Complying?,
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j = Reclaiming Institutionalized Lives,
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