The Arc Applauds Supreme Court Ruling in Favor of Community Placement of Individuals with Mental Disabilities

ARC of the United States
Tuesday, 13 July 1999

Washington, D.C. ¾ The U.S. Supreme Court today ruled 6 – 3 in the Olmstead v. L.C. and E.W. case in favor of community settings over institutions. Justice Ruth Bader Ginsburg, who delivered the court's opinion, said that the Americans with Disabilities Act requires States "to place people with mental disabilities in community settings rather than in institutions when the State's treatment professionals have determined that community placement is appropriate, the transfer from institutional care to a less restrictive setting is not opposed by the affected individuals, and the placement can be reasonably accommodated, taking into account the resources available to the State and the needs of others with mental disabilities." This is a major victory for community-based services and The Arc.

The Olmstead case stems from the claims of Lois Curtis and Elaine Wilson, both of whom have mental retardation and mental illness. Curtis and Wilson wanted to receive services from the state of Georgia in the community rather than in the state psychiatric facility where Georgia wanted to serve them. The professionals that served them agreed that community-based supports were best for them. Curtis and Wilson claimed that Georgia unnecessarily institutionalized and segregated them in a mental hospital, rather than placing them in an appropriate, integrated community setting. They argued that Georgia violated their right to services in the most integrated setting under the ADA. Both Curtis and Wilson obtained community-based residential services while their cases moved through the courts.

This Supreme Court decision reinforces the use of the ADA to assist certain individuals to move from institutions to the community. States cannot use inadequate funding arguments to avoid community placements. However, the court left ample room for states to maintain "a range of facilities." While the Supreme Court ruling will prove invaluable in securing community services for most currently institutionalized individuals, The Arc will need to remain diligent in pursuit of its position that institutions be phased out. Institutions are no longer necessary or appropriate for anyone, regardless of the type or severity of a person's disabilities.

The Arc of the United States, through its approximately 1,000 state and local chapters, is the largest national voluntary organization devoted solely to the welfare of people with mental retardation and their families. The Arc has vigorously challenged attitudes and public policy, based on false stereotypes, that have encouraged the segregation of people with mental retardation. The Arc participated in an amicus brief with other national disability organizations in favor of Curtis and Wilson.

For more information, or to contact ARC of the United States, see their website at: www.thearc.org