Disability ruling commemorates 10th anniversary

(22 Jun 2009)

The road to more independence for those with disabilities was helped by a lawsuit in Georgia that led to a Supreme Court decision 10 years ago Monday. On June 22, 1999, the Supreme Court ruled that people with disabilities had a right to access the public services they needed while living independently. The decision, known as the Olmstead decision, was named after Tommy Olmstead, then commissioner of the Georgia Department of Human Resources.

Two women, Lois Curtis and Elaine Wilson, had filed suit, saying they had the right to live independently if they so chose and not be forced to reside in a nursing home. “The Olmstead decision basically provided an opportunity for people in nursing homes to have a way out and be more independent,” said Andy Wade of disABILITY LINK in Rome. “The Supreme Court’s decision allowed more people to get out on their own and still get the assistance they need. It really gives people more choice.”

Wade noted that many people, including some from Rome, were in Atlanta on Monday to commemorate the 10th anniversary of the Olmstead ruling. Wade explained the term “nursing homes” often conjures up older people, but he said many younger people who suffer from physical or mental disabilities and may not have any family to help them can often wind up under the care of nursing homes.

“I think a lot of disabled people may not know about the Olmstead decision and other rulings like that, but once they find out, I’d say 90 percent of them will try to get out of a facility if they can find the help they need,” Wade said. He added that legislation is still in the works, both on the state and national level, that can further help those with disabilities, and many advocates — including Wade — have taken trips to Washington, D.C., to explain the importance of such laws.

“It’s important that other laws get passed as well, so people have more choices for their own care,” Wade said. “There is a bill out right now we’re trying to get passed that would allow people with disabilities to take their Medicaid dollars with them to pay for their own medical attention if they live independently.” According to information from The Center For An Accessible Society, the Olmstead decision of 1999 rejected Georgia’s appeal to enforce institutionalization of individuals with disabilities, affirming their rights to live in the community.

The ruling stated states couldn’t force a person to live in an institution when treatment professionals have determined community placement is appropriate. 

 

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