“Enough is Enough” SANYS Statement on the DOJ Olmstead Opinion
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U.S. DOJ Legal Opinion on Olmstead: “Enough is Enough”
My fellow Self-Advocates:
The Olmstead decision of 1999 is one of the most important U.S. Supreme Court decisions on disability rights. The Olmstead decision found that unjustified institutionalization of people with disabilities was a form of segregation and was unconstitutional. Section 5.04 of the Rehabilitation ACT protects people with disabilities against discrimination in schools, hospitals and other settings.
In the decades since Olmstead, self-advocates, family advocates and professionals have spoken with once voice, stating “we will never go back” to the days of institutions. The Olmstead decision was a key protection and the ground upon which we stood.
On June 18th the U.S. Department of Justice published their opinion of the Olmstead Decision and section 5.04 of the Rehabilitation Act. Their opinion would weaken the Federal enforcement of some of our most important rights and protections as citizens with disabilities.
The long practices of institutionalization of people with disabilities is a shameful part of American history. Just like other citizens we need our most basic rights and freedoms protected. The protection from institutionalization and the right to live, be educated and work in communities of our choosing are such basic rights and moral obligations that we at SANYS find it shocking that the Department of Justice would seek to weaken the protection of them.
While we should all take this very seriously, it is important to understand that this is a legal opinion which has not been tested by the courts. So again, while we should take this seriously, we should recognize that it does not change the law. The courts have historically upheld these protections, and we would expect that they continue to do so. It is also important to know that NYS is committed to protecting our rights regardless of what happens on the Federal level.
However, the threat is real.
We are sure you agree that “enough is enough”.
We need a Government that is committed to protecting our rights, and the rights of all citizens. A Government dedicated to moving our lives forward, not chipping away at our most basic civil rights.
SANYS will keep you posted as we receive more information.
You may find the links from NYS OPWDD: Commissioner Baer, The ARC, ANCOR helpful. In reading these, we hope that you will see that we are not alone: