Last week brought two devastating updates from Washington, but we are already fighting back.
On June 18, the Department of Justice issued a legal opinion that threatens the right of people with disabilities to live and to receive services in the community. By arguing that neither the ADA nor Section 504 contain a mandate requiring states to prioritize community-based care over institutions, the federal government is opening a dangerous door and allowing the oversights to disappear.
This legal opinion threatens Olmstead v. L.C., the 1999 Supreme Court decision that codified the civil rights of people with disabilities to live in their communities, not institutions. While incredibly concerning, this does not eliminate the civil rights protections of the ADA, Section 504, or the original Olmstead decision. But it essentially says that the federal government won’t enforce these long-standing rules. Further, if a federal agency (like the Department of Health and Human Services) attempts to formally rescind the regulations that enforce community living, that action itself can be challenged in court under the Administrative Procedure Act. You can learn more here.
For nearly 75 years, The Arc has fought against the isolation and institutionalization of people with disabilities. We fought for the ADA, we fought for Olmstead, and we will fight to protect them today.
Earlier in the week, the Trump administration stripped the Department of Education of its authority over the Office of Special Education and Rehabilitative Services (OSERS) and the Office for Civil Rights (OCR), transferring them to the Department of Health and Human Services (HHS) and the Department of Justice (DOJ) respectively. Let us be clear: this is not a reorganization; it is an abandonment of the laws and expertise designed to ensure that every child has access to an equal education.
We know that our leaders in Massachusetts will continue to stand on the side of civil rights, supporting people with disabilities to receive the care and support they need in the community. We will continue to educate our lawmakers about our history and why we cannot – and will not – move backwards.
We will continue to work closely with our state leaders and Congressional delegation to further safeguard home and community-based services and special education protections here in Massachusetts.
Here is a list of what you can expect from The Arc of Massachusetts as we navigate this moment together:
- Accurate and timely information.
- A new advocacy campaign targeting State and National elected officials.
- Passionate advocacy in lockstep with our national partners.
Stay tuned for ways to get involved on these issues. We will need your passion, your stories, and your support to help us move through this moment together.
