Last week, June 18th, the U.S. Department of Justice Office of Legal Counsel (DOJ) released a memorandum that attempts to roll back decades of federal protections for people with disabilities to work, live, learn, and otherwise participate in the community. The Disability Law Center (DLC) has heard concerns from Utahns with disabilities and their families regarding the recent memorandum from the (DOJ). While we vehemently disagree with the arguments presented and think they have no legal basis, we wanted to provide information about what this memorandum means and does not mean.
The memorandum does not overturn the Americans with Disabilities Act, the Rehabilitation Act, or Olmstead v. L.C., the landmark Supreme Court decision that has allowed so many people with disabilities to participate in their communities. In addition, the memorandum does not make any changes to existing services. However, it is a direct attack on these protections that disability advocates have been fighting to achieve for decades.
At the DLC, we have repeatedly seen the harms of institutions, even as recently as the past few weeks we have documented serious incidents of abuse and neglect in institutions. At a time when community-based services are already being attacked, it is more important than ever that we continue the fight for the expansion of community-based services and the rights of Utahns with disabilities to be free from unnecessary institutionalization and to have the supports they need to be full participants in their communities.
For more information on what the memorandum means, you can watch our latest Policy Bite from Nate and Andrew, and check out our fact sheet. If you have additional questions, please don’t hesitate to reach out to our office.