Di U.S. Justice Department don release one memo wey dey question decades of civil rights protections for Americans with disability. Di memo, wey come from di Office of Legal Counsel, dey argue say states no get any legal obligation to provide in-home or community-based care for pipo with disability wey need support.
Dis kain services na wetin allow many disabled Americans to continue dey live, learn and work for dia communities, among family and friends. But according to dis new position, di federal government dey say states fit choose to cut dis services and return to di old way of dey put disabled pipo for nursing homes and large institutions.
Alison Barkoff, wey be health law and policy professor for George Washington University and wey lead disability law and policy for both Obama and Biden administrations, tok say: “E don become di position of di United States government say people with disabilities no get right to be part of their communities. I no fit overstate how significant dis change in position be.”
Advocates and legal experts dey warn say if federal government no require states to provide dis services, cash-strapped states fit cut them and go back to de facto segregation of Americans with disability for institutions. Di American Association of People with Disabilities talk say: “As America prepare to celebrate 250 years of independence, dis memo dey threaten to drag our nation back to a dark and shameful era of ignorance and cruelty.”
Shira Wakschlag of The Arc of the United States add say: “Dis opinion na direct threat to decades of progress toward community living for people with disabilities. People with disabilities no suppose to be forced into institutions because a state refuse to provide services in the community.”
Di Justice Department no respond to NPR request for comment on why dem dey change course after decades of legal and bipartisan support for community services. Dis new memo dey question wetin legal experts don consider settled law for decades. Both Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act don long be interpreted to require states to provide services for disabled Americans for di most integrated setting appropriate. Institutionalization suppose be last resort.
Di Supreme Court for 1999 for Olmstead v. L.C. decide say states get legal responsibility to provide support wey go integrate disabled Americans into dia communities. For nearly three decades, courts across di country don embrace dat interpretation. But di new memo, wey Lanora Pettit write, argue say federal law no impose any “integration mandate” on states to provide dis community services. Pettit even acknowledge say dis view “is out of step with the common understanding of that decision within the federal courts.”
Jennifer Mathis of di Bazelon Center for Mental Health Law explain say di courts and Congress decide say institutionalization suppose be last resort because people’s personal liberty dey at stake. She tok: “Who you fit see, when you fit go out, when you eat, wetin you eat. Who your roommate be, who you talk to, wetin your environment be. And for so many people wey dey institutionalized, dia life na literally a hallway.”
Di memo arrive as one new case, Texas v. Kennedy, dey make way through di courts. Di case, wey Texas and oda states bring, na fresh challenge to di integration mandate. Wit dis memo, di federal government dey align itself wit di plaintiffs. But Mathis caution say: “E important to understand say dis memo no be di law. Di Justice Department no fit change di law. Congress make laws, not agencies.”
Di timing also matter. Di memo come out just ahead of di 27th anniversary of di Olmstead decision. E also arrive as Republicans don pass deep cuts to Medicaid, wey be di primary source of funding for community-based services many disabled Americans rely on. Multiple legal experts tell NPR say di Trump administration memo dey give states permission to cut localized supports and rely on institutionalization, even though research show say di latter dey more expensive for states.
Dis come as disability advocates dey push back against di Trump administration announcement say e go move federal administration of special education programs out of di Department of Education and into di Department of Health and Human Services. Dis change, like di new Justice Department memo, raise fears of rollback of enforcement of longstanding civil rights protections.
