On June 22, 1999, the Supreme Court of the United States upheld the Americans with Disabilities Act (ADA) integration regulation, which states that a "public entity administer programs ... *in the most integrated setting appropriate to the needs of qualified individuals with disabilities." *L.C. and E.W., two women who are developmentally disabled and have a cognitive disorder, had filed suit against the state of Georgia (specifically, the Georgia Department of Human Resources, Tommy Olmstead, Commissioner.)

In their case, which is now commonly referred to as "Olmstead," L.C. and E.W. alleged that the state violated Title II of the ADA by failing to place them in a community-based program. The two had been voluntarily admitted to the Georgia Regional Hospital (GRH) in Atlanta, where they were confined for treatment in a psychiatric unit. Although their treatment professional had recommended placement in a community-based program, the two remained institutionalized at GRH.

In the Olmstead decision, the Supreme Court upheld an Eleventh Circuit Court decision which ruled that unnecessary segregation is discrimin-ation. The court also supported the idea that congress constructed the ADA so that it would improve on earlier integrating legislative efforts such as the Rehabilitation Act of 1973 and the Developmentally Disabled Assistance Bill of Rights Act. This is all very positive. However, the court gave the states leeway in terms of how they can accommodate those people who want out of institutions. *The court emphasized that a range of services (institutional as well as community-based) be kept available and that these options must be treated "even handedly" by treatment professionals.

States that have a comprehensive effective, working plan and a waiting lis tat moves at a reasonable pace will have a defense against those who file suit to get to the top of the waiting list. The most integrated setting mandate also applies to restrictive community-based services as well as to individuals whose lack of reliable community-based services put them at risk of being placed in an institutional setting.

Adapt WV is aware of at least six Olmstead complaints that have been filed by individuals who demand their right for real choice. If you would like assistance filing an Olmestead Complaint, call Adapt WV at 1-877-860-1995. *To file a grievance directly with the Region III Office of Civil Rights, call Ed Lowandowski at (215) 861-4441 or write to DHHS OCR, Public Ledger Building, Suite 372, 150 South Independence Mall West, Philadelphia, PA 19106.

The Olmstead division requires each state to develop a comprehensive working plan, which allows all individuals to live in the community of their choice. West Virginia DHHR is currently appointing a committee to address these issues. For more information call Julie Shelton at (304) 558-7292.

Make your voice HEARD!

Here is the website where you can go to print out the forms you need to file an Olmstead Complaint  If you need assistance call ADAPT WV at 1-304-598-0171 or Toll Free 1-877-860-1995.