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 position stated in the recent Department of Justice’s Office of Legal Counsel (OLC) memo runs counter to Olmstead’s integration mandate, which has been upheld in federal court rulings for decades. Even so, 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; and
- The OLC memo does not relieve states of their responsibility to provide services to people with disabilities.
That said, there are potential issues 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.
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.
Disability Rights Texas continues to closely review the OLC memo to understand its immediate and long-term impact on persons with disabilities. We remain 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.