The ARC Marks 10th Anniversary Of Americans With Disabilities Act, Issues Challenge To States

ARC of the United States
Wednesday, 26 July 2000

JULY 26, 2000, WASHINGTON, D.C. – The Arc of the United States today marked the 10th anniversary of the signing of the Americans with Disabilities Act (ADA) with the release of a status report on states' development and implementation of plans to abide by the U.S. Supreme Court's 1999 ruling in Olmstead v. L.C. and E.W.

The Supreme Court's decision in Olmstead v. L.C. and E.W. stated that the denial of community placements to individuals with disabilities is precisely the kind of segregation that Congress sought to eliminate with the passage of the ADA. The Supreme Court noted that unnecessary segregation and institutionalization constitute discrimination and violate the ADA's integration mandate unless certain defenses are established.

The Arc, formerly the Association for Retarded Citizens, had planned to issue a "report card" on the status of states' implementation of the Olmstead decision, but after a survey conducted over the past two months, The Arc found it could not "grade" states on the components of their plans because states have made so little progress in developing implementation plans.

"We celebrate the tenth anniversary of the ADA and honor those heroes who were instrumental in securing its passage," said Executive Director of The Arc Steve Eidelman. "However, the passage of that Act is not a guarantee of justice or fairness. Ten years later, we see today that states are not doing enough to get people with mental retardation and developmental disabilities off waiting lists, out of institutions, and into community life. We challenge the states to comply with the ADA and with court decisions that have upheld it."

Shortly after the Olmstead decision was announced in June 1999, the national disability community established July 26, 2000, as its deadline for states to make significant progress in serving people in integrated settings. A survey distributed in June 2000, asked state organizations to rate the overall status of their state's plan to implement Olmstead and provide an assessment of progress on reducing the number of people with mental retardation or developmental disabilities waiting for services in their state.

The Arc's report on implementation of Olmstead, available on the association's web site at www.thearc.org, contains updates on the progress of states in implementing Olmstead. Of the 38 states that responded to the survey, 20 had an "Olmstead plan" while 18 had not started plan development.

The Arc of the United States was founded in 1950 and is the nation's largest volunteer organization solely devoted to improving the lives of people who have mental retardation and fostering prevention of the condition in babies and young children.

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