Disability Rights Texas strongly opposes the legal position expressed in the recent memo from the U.S. Department of Justice’s Office of Legal Counsel (OLC), which if enforced, would undermine the rights of people with disabilities to receive services and supports in their communities instead of institutional settings.
For more than 25 years, the U.S. Supreme Court’s decision in Olmstead v. L.C. has recognized an essential principle: that people with disabilities must have the opportunity to live, work, and participate in community life rather than being unnecessarily segregated in institutions. This principle—known as the integration mandate—has helped countless Americans with disabilities maintain their independence, stay connected to their family and community, and exercise greater control over their own lives.
The OLC memo, issued on the 27th anniversary of the Olmstead decision, aims to undo Olmstead’s integration mandate, which has been upheld in federal court rulings for decades. Despite this regressive attack on the rights of people with disabilities, it is important to understand the following:
- The OLC memo does not overturn Olmstead or repeal the Americans with Disabilities Act or Section 504 of the Rehabilitation Act.
- The OLC memo does not invalidate existing court decisions recognizing that unnecessary institutionalization can constitute disability discrimination.
- The OLC memo does not relieve states of their responsibility to provide services to people with disabilities.
That said, there are potential threats ahead in terms of the integration mandate and the right to be free from unnecessary institutionalization. Because this memo purports to establish the legal position of the federal government, it could affect how federal agencies, like the Department of Justice, investigate complaints, enforce disability rights laws, and oversee state service systems. It could also unwind past settlement agreements, and, most worrisome, be cited in future litigation by parties seeking to narrow the scope of community integration protections.
The stakes are significant. For many Texans with disabilities, community-based services are a necessity to live in their own homes, remain connected to family and friends, pursue education or employment, and participate fully in community life. People with disabilities must be afforded meaningful opportunities to live in their communities with appropriate supports that will safely meet their needs. If adopted, the OLC’s memo would be a devastating step backward to a time when persons were unnecessarily institutionalized simply because of their disability.
Disability Rights Texas remains committed to protecting the rights guaranteed by federal law and advocating for policies that expand opportunity, independence, and community participation. People with disabilities are valued members of every Texas community. They deserve the opportunity to live, work, contribute, and thrive alongside their neighbors. This principle remains as important today as ever.
Disability Rights Texas continues to closely review the OLC memo to understand its immediate and long-term impact on persons with disabilities. The rights of Texans with disabilities to live in the community should be inviolate. These rights are not abstract. They affect whether older Texans can remain at home with appropriate supports rather than enter a facility; whether people with disabilities can receive services in their own house or apartment rather than institutional settings; and whether children with disabilities can remain with their families when community-based supports are available. At its core, the integration mandate helps ensure that disability-related support needs do not become the basis for unnecessary segregation from community life.
