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ASAN Condemns OLC Memo Threatening Community Living

Дата публикации: 22-06-2026 21:03:40

Today is the 27th anniversary of the Olmstead v Lois Curtis. Olmstead v Lois Curtis is an important ruling by the Supreme Court. This statement calls it Olmstead for short.  Olmstead is about our right to live in the community. The ruling is about the Americans with Disabilities Act (ADA) and Section 504 (504) of...

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Today is the 27th anniversary of the Olmstead v Lois Curtis. Olmstead v Lois Curtis is an important ruling by the Supreme Court. This statement calls it Olmstead for short. 

Olmstead is about our right to live in the community. The ruling is about the Americans with Disabilities Act (ADA) and Section 504 (504) of the Rehabilitation Act. ADA and 504 are both laws that protect people with disabilities from discrimination. This includes discrimination from states. Discrimination is treating people unfairly or badly because of who they are. 

Olmstead says that people who can live in the community should not be forced into institutions. Olmstead says forcing people who can live in the community into institutions when they don’t need to be there is discrimination. ASAN knows all people with disabilities can live in the community with the right supports. This ruling was very important. This ruling led to a lot of progress. 

We should be celebrating today. We should be celebrating the progress we have made since Olmstead. But today we are worried about the future. 

We are worried because of the Office of Legal Council at the Department of Justice (DOJ). The Office of Legal Council made a bad “slip opinion.” The Office of Legal Council (OLC) is part of the Department of Justice. The Department of Justice (DOJ) is a part of the government that makes sure laws are followed. A slip opinion is what the OLC thinks a law means. A slip opinion is not law. A slip opinion does not take away a Supreme Court ruling like Olmstead. 

The slip opinion is about the integration mandate. The integration mandate is a rule that comes from the ADA and 504. The rule says people with disabilities have a right to live, work, and get services in the community. Olmstead made it clear that the integration mandate is part of the ADA.

The OLC slip opinion says the integration mandate is not part of the ADA or 504. OLC says states can still find ways to force people into institutions. OLC thinks forcing people who can live in the community into institutions is not discrimination. This is not true.

The OLC can’t change laws. Only the courts and Congress can change laws. But, this slip opinion does tell the federal government what the federal government should think the law says. This means the U.S. government might stop protecting our right to live in the community. The government might change rules for its departments. Those rules might say the government does not need to protect our rights to live in the community anymore.

This is wrong. The government should be protecting our rights to live in the community. The government should not be trying to get rid of almost 30 years of progress. We deserve a government that cares about people with disabilities. 

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