This article is provided as a courtesy service of the Great Lakes ADA News Service under a subcontract with the Disability News Services and funded by the U.S. Department of Education, NIDRR #133D60011.
Almost two years after the U.S. Supreme Court handed down its landmark decision in Olmstead v. L.C. and E.W., the legal and political maneuvering continues.
Lawsuits filed in December allege Oregon and Alabama have violated the most integrated setting provisions of the Americans With Disabilities Act (ADA). Meanwhile, in Texas, nine disability activists reported to the Travis County jail in Austin on January 16 to serve time, only to be processed and sent home without an explanation. (The nine were arrested two years ago during an Olmstead-related protest at the governor's mansion occupied by then Governor George W. Bush.)
The Oregon Advocacy Center (OAC), the state's protection and advocacy agency, filed Miranda B. et al v. Kitzhaber et al (CV-00-1753) on December 19, in which ten plaintiffs from two state psychiatric hospitals are named in the class action suit. The lead plaintiff involuntarily resides at the Oregon State Hospital. According to the complaint, all ten received physician approval to move to a more integrated setting, but remain institutionalized because of a lack of community placement options.
Kathy Wilde, OAC litigation director, says this is a direct violation of Olmstead, and the main goal of the suit is to create more intermediate community facilities such as adult foster homes.
The Alabama case of Brown v. Williamson (00-A-1713-N ) was filed December 20. Madie E. Brown, 82, and Vera M. Walker, 92, both reside at the Sansing Country Home, an assisted living facility in Sapps County. Brown's disabilities resulted from a stroke as well as congestive heart failure, gout and periodic bouts with depression. Walker is disabled because of Alzheimer's, osteoporosis and diabetes.
According to the complaint, both women enjoy living in Sansing where they receive prepared meals, physical assistance, local transportation and participate in recreational activities. But new regulations by Alabama's state health board, which became effective November 6, would force the women to leave Sansing. The regulations create new specialty care assisted living facilities for people with greater medical needs. Because both women cannot take their medications by themselves, a nurse must administer the drugs to ensure they receive the correct dosage. The complaint charges, the new regulations would force Brown and Walker to enter a specialty care facility simply because they can't self-medicate, and that such a move would "cause them to be more isolated, restricted and segregated."
The lawsuit alleges the state adopted the rules even though its legislature refused to pass similar regulations three times. The court is asked to issue permanent injunctions which prohibit the department from promulgating the rules, and prevent Walker and Brown's removal from Sansing. The self-proclaimed "Bush Nine," were arrested in Austin, Texas, on February 2, 1999 when they occupied the driveway at the governor's mansion, and refused to move. The act of civil disobedience was to demonstrate the advocates' displeasure when the state joined an amicus brief which supported Georgia's Supreme Court case against L.C. and E.W.
Weary after two years of failed attempts to have the case dismissed, the nine agreed to serve five days beginning January 16, and ending the day Bush was inaugurated as president. After all that, said Jennifer McPhail, one of the Bush Nine, when they reported to serve their time, they were told to go home and come back in two weeks. McPhail said her attorney informed her on January 22 that she and the others would not have to serve at all.
Although the saga of the Texas Nine is over, disability advocates expect more legal challenges before Olmstead is fully implemented.
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This work was performed under a subcontract with the Board of Trustees of the University of Illinois, and funded by the U.S. Department of Education, NIDRR #133D60011.