Olmstead Advocacy Center

Introduction

For more than 25 years, the landmark Supreme Court decision Olmstead v. L.C. has protected the rights of people with disabilities to live in their communities rather than being unnecessarily placed in institutions.

In June 2026, the U.S. Department of Justice (DOJ) issued a concerning memo, changing how the federal government could interpret and enforce Olmstead.

While this opinion does not change any laws, it could weaken federal enforcement of the right to community living.

What is Olmstead v. L.C.?

In 1999, the U.S. Supreme Court issued their decision in Olmstead v. L.C., one of the most important disability rights cases in our nation’s history.

The case involved two women with disabilities, Lois Curtis and Elaine Wilson, who remained in a state psychiatric hospital even though medical professionals agreed they could successfully live in the community with the appropriate supports.

The Supreme Court ruled that unnecessary institutionalization is discrimination under the Americans with Disabilities Act (ADA). The Court held that people with disabilities have the right to receive services in the most integrated setting appropriate to their individual needs when:

  • Community-based services are appropriate.
  • The person wants to receive services in the community.
  • Community placement can be reasonably accommodated.

This decision became known as the Olmstead Decision and has guided disability rights policy for more than two decades.

Why Is the Olmstead Decision Important?

Before Olmstead, many people with disabilities spent years, or even their entire lives, in institutions, nursing facilities, or other segregated settings. The Olmstead decision helped affirm that people with disabilities have the same right as everyone else to live and participate in their communities.

Since 1999, Olmstead has helped:

  • Expand access to home and community-based services (HCBS).
  • Reduce unnecessary institutionalization.
  • Support independent and supported living.
  • Increase opportunities for competitive integrated employment.
  • Promote inclusion in schools and communities.
  • Protect the civil rights of millions of people with disabilities.

Although the Olmstead decision has been crucial for protecting the rights of people with disabilities to be integrated in their communities, other factors such as workforce shortages and funding issues persist, often making it hard for people to access community living.

a group of people sitting in a living room

From Institutions to
Home and Community Based Services:
A Timeline

1

The Institutional Era (Late 1800s-1950s)

  • Large state institutions became the main way of caring for people with intellectual and developmental disabilities.
  • In Massachusetts, facilities such as the Fernald State School, Belchertown State School, and Wrentham State School housed thousands of people.
  • Families were often told that institutionalization was the only option.
  • Individuals were isolated from their communities and families.
2

The Arc of Massachusetts Founded (1954)

  • The Arc of Massachusetts is founded by families who refused to accept institutionalization as the only option for their loved ones.
  • Parents demand education, community supports, and opportunities for people with disabilities to live fuller lives.
3

Exposing Institutional Conditions (1960s-1970s)

  • National investigations and advocacy efforts expose neglect, abuse, and overcrowding in institutions across the country.
  • Public understanding begins to shift as families and advocates challenge the notion that institutions are the best place for people with disabilities.
4

Landmark Litigation in Massachusetts (1972)

  • The class action lawsuit known as Ricci v. Greenblatt is filed on behalf of residents of Belchertown State School.
  • The case ultimately led to major reforms and increased community placements.
  • It becomes one of the most significant disability rights cases in Massachusetts history.
5

Education Becomes a Right (1975)

  • Congress passes the Education for All Handicapped Children Act, which lays the foundation for the Individuals with Disabilities Act (IDEA).
  • For the first time, children with disabilities are guaranteed access to public education.
  • Families no longer face the same pressure to institutionalize children simply to obtain services.
6

The Disability Rights Movement Gains Momentum (1977)

  • Disability activists stage the historic 504 sit-in to demand enforcement of Section 504 of the Rehabilitation Act, which states that no program receiving federal funds could discriminate against people with disabilities.
7

The Americans with Disabilities Act (1990)

  • Following significant advocacy, Congress passes the Americans with Disabilities Act (ADA).
  • The ADA prohibits discrimination against people with disabilities and affirms the principle of community inclusion.
8

Massachusetts Moves Away from Institutions (1990s - Early 2000s)

  • Massachusetts continues to move away from institutional settings as the default option.
  • The Belchertown State School and the Fernald State School close after years of legal debate.
  • Massachusetts increasingly invests in community residential supports, family supports, employment programs, and shared living services.
9

The Need for Advocacy for Community Living Remains Crucial (Mid 2000s - 2020s)

  • More people with disabilities are living in their communities than ever before.
  • Yet families continue to face:
    • Workforce shortages.
    • Housing shortages.
    • Long waitlists.
    • Underfunded services.
  • Advocacy has shifted from moving away from institutionalization to building robust community supports that people need to thrive.
10

New Federal Threats Emerge (2025)

  • Federal Medicaid changes and funding reductions threaten the stability of Home and Community-Based Services (HCBS).
  • Heightened concerns about weakening community services increasing the risk of segregation and institutionalization.
11

DOJ Releases Concerning Memo on Community Integration (June 2026)

  • The Department of Justice issued a memo signaling a significant shift away from decades of federal enforcement centered on community integration and Olmstead.
  • This action threatens decades of progress toward community inclusion.
12

Continuing to Protect the Civil Rights of People with Disabilities

  • The disability community must continue advancing the promise of community living and never go back to policies that prioritize segregation and institutional care.
  • The Arc of Massachusetts remains committed to ensuring that people with disabilities have the supports they need to live, work, learn, and thrive in their communities.
  • Tell Congress: Protect Medicaid Home and Community-Based Services

Olmstead News

Federal IssuesGovernment AffairsNewsOlmstead
September 10, 2026

Governor Maura Healey Signs on to Letter Reaffirming Massachusetts’s Commitment to Home and Community Based Services

At the end of July, and along with other organizations, members of The Arc's IDD-Autism Alliance sent a letter to Governor Maura Healey urging her to sign on to a…
Federal IssuesGovernment AffairsNewsOlmstead
July 30, 2026

The Arc of Massachusetts, IDD/Autism Alliance Send Letter to Governor Healey and AG Campbell Asking for Sign On to National Statement Rejecting the DOJ Memo Threatening Olmstead

Last week, The Arc of Massachusetts coordinated members of the IDD-Autism Alliance to send a letter to Governor Maura Healey and Attorney General Andrea Campbell, asking them to sign on…
Fact SheetsFederal IssuesGovernment AffairsNewsOlmstead
July 9, 2026

Fact Sheet: Protecting the Promise of Community Living: The Olmstead Supreme Court Decision 27 Years Later

For more than 25 years, the landmark Supreme Court decision Olmstead v. L.C. has protected the rights of people with disabilities to live in their communities rather than being unnecessarily…
Federal IssuesGovernment AffairsNewsOlmsteadPress Releases
June 23, 2026

How The Arc Is Responding to Recent Changes to the Department of Education, DOJ Olmstead Opinion

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…

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