FOR IMMEDIATE RELEASE
For more information, contact:
June 22, 1999 Mike Auberger: (303) 733-9324
Bob Kafka: (512) 442-0252
Ken Ervin: (304) 5978-0171
ADA Victory in the Supreme Court
Denver, CO-- ADAPT, a national disability rights organization
based in Denver joins people with disabilities across the nation
to declare a victory for community integration as the Supreme
Court today announced it's decision in the lawsuit Olmstead v.
L.C. & E.W.
This ruling will dramatically affect how the civil rights law,
the Americans with Disabilities Act (ADA), can be used to assure
that people with disabilities and their families have the right
to choose where they live and receive support services.
The ruling upholds a key civil rights provision in the ADA, known
as the "integration mandate", which maintains that
individuals with disabilities must be offered services in the
" most integrated setting".
The high court, in upholding the mandate, has reinforced the
fundamental intent of the ADA, which is to prevent discrimination
and promote the integration of people with disabilities into our
communities.
Specifically, the Supreme Court ruling supports lower courts
rulings that Georgia's Department of Human Resources may not
segregate two women with mental disabilities in a state
psychiatric hospital long after the agency's own treatment
professionals had recommended their transfer to community care.
This Georgia appeal to the Supreme Court has mobilized disability
advocates, who have compared the lawsuit to Brown v. Board of
Education. Last month, 800 members of ADAPT representing ADAPT
chapters from 39 states traveled to Washington, D.C. There they
joined 4,000 people in a march to the Supreme Court, organized by
ADAPT,. The rally and march demonstrated unified support in the
disability community for the ADA integration mandate.
While the high court clearly reinforced what Congress intended
when it passed the ADA nearly a decade ago, disability rights
activists recognize that Congress also needs to ensure that
community integration is in the public policy of this country.
ADAPT has drafted the Medicaid Community Attendant Services and
Supports Act (MiCASSA) which will focus our public policy on
community services.
"Today's decision is a critical step in changing how and
where people with disabilities receive services necessary for
everyday life," said Mike Auberger, national organizer with
ADAPT. "It tells states that segregated services will no
longer be tolerated. But our fight for REAL choice
continues." Auberger, who both uses and provides attendant
services in Colorado, has worked with ADAPT for nearly a decade
to push for a national program of attendant services.
ADAPT's legislation, MiCASSA, will change federally funded
Medicaid which currently only requires states to provide services
in segregated institutions and spends 80% of its long term care
funds on these segregated services. ADAPT vows to change this,
declaring Integration NOT Segregation.
FOR MORE INFORMATION on American Disabled for Attendant Programs Today (ADAPT) Please visit the National website at http://www.adapt.org/ or the West Virginia website at http://www.labs.net/adapt/adaptwv.htm
For direct inquiries regarding this press release please use the
contact information at the beginning of this message or Email
adaptpr@adapt.org