Lois Curtis, the Olmstead Decision, and the Ongoing Fight for Community-Based Care

For those of us who work in human services, it has become an accepted fact that people with disabilities and seniors can and should be able to live independently with the right support. We regard living in the community as a basic right, but of course, this has not always been the case.

Lois Curtis was one such person, certainly capable of community-based living with the right services. At the time, however, the supports she needed were not available, resulting in her only option being to reside in a state-operated institution in Georgia. This restricted her access to her friends, to her family, and to the life she wanted. Lois Curtis sued the state of Georgia, asserting her rights under the Americans with Disabilities Act (ADA) were being violated, and won – setting a new expectation that states must ensure access to home and community-based services, under the landmark Olmstead Decision in 1999.

A Door to Her Community

About 15 years ago, I was visiting with her support agency, and she gave me a picture of her front door with the caption, “Welcome”. This was not only the door into her home (of which she was very proud), but the door out to her community, her job, and her life.

The Olmstead Decision, based upon the ADA, was one critical step towards guaranteeing the rights of seniors and people with disabilities to live the life of their choosing, but it was just one step. Access to home and community based services continues to be a challenge in many areas. And while this lack of access is often about funding, it is also true that what we believe to be settled law continues to be challenged.

Just this past month, more than 25 years after the Olmstead Decision, and more than 35 years after the passage of the ADA, the US Department of Justice issued an opinion asserting that the ADA and Olmstead do not, in fact, guarantee the rights of people with disabilities to have access to community-based services. While this is just an opinion and does not carry the force of law, it signals clearly that the fight for community integration is far from over.

Best Health, Fullest Lives

At Amivie, we express our mission statement as “best health, fullest lives.” For me, this encapsulates the whole discussion. If we can support people to be in their best possible health, then we can and should support them to live where they choose – most often their home – close to the people they love and the communities they care about. This principle is what guided the ADA’s passage in 1990, and I am proud that it continues to guide our mission today.

Author:
Richard Edwards 
VP Government Relations