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Bazelon: Exploring the ADA in NY Context; A Place of My Own

March 31, 2014 by Chris Liu-Beers

NYAPRS Note: In the most recent publication from the Bazelon Center for Mental Health Law, they review how the ADA has been upheld through legal proceedings that have led to further community integration for persons with psychiatric disabilities. As NY begins to implement the transition of Adult Home residents into community residences, it is important to recognize where we have come from to get our system to this point, and how much work is still to be done to provide meaningful community integration for all persons with disabilities. The excerpt from the report “A Place of My Own” below details how the Olmstead decision was held up in NY, providing residents of impacted homes the opportunity to move to supported apartments in 2014.

 

The ADA’s  Integration Mandate and the Olmstead Decision

Bazelon Center; A Place of My Own: How the ADA is Creating Integrated Housing Opportunities for People with Mental Illnesses, 3/2014

 

The  ADA,  enacted  in  1990,  was  intended  “to  provide  a  clear  and comprehensive national mandate for the elimination of  discrimination against individuals with disabilities.” Title II of the ADA prohibits discrimination based on disability  by  state  and  local  government  entities. In  the  ADA’s  findings, Congress recognized the longstanding problem of isolation and segregation of people with disabilities, stating that:

  • “historically, society has tended to isolate and segregate  individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem;
  • “discrimination  against  individuals  with  disabilities  persists  in  such critical areas as . . . institutionalization . . . ;
  • “individuals  with  disabilities  continually  encounter  various  forms  of discrimination, including outright intentional exclusion, . . . failure to make modifications      to existing facilities and practices, . . . [and] segregation . . . .”

Congress’s findings apply to all people with disabilities, including people with  mental  illnesses.    The  ADA’s  application  to  segregation  is  particularly relevant to individuals with serious mental illnesses, who have a long history of being physically segregated in state hospitals and other congregate facilities, resulting in negative stereotypes and social isolation.

In 1999, the Supreme Court interpreted the ADA’s integration mandate in Olmstead  v.  L.C.,19   a  case  brought  by  two  women  with  mental  illness  and intellectual disabilities who challenged their continued confinement in a state psychiatric hospital  after  they  had  been  determined ready  for  discharge.    The  Court  held  that needless  institutionalization  was  a  form  of discrimination    prohibited    by    the    ADA. According to the Court, this holding reflected two  evident  judgments. First,  needlessly institutionalizing  individuals  with  disabilities “perpetuates unwarranted assumptions that persons   so   isolated    are   incapable   or unworthy of participating in community life.” Second,    “confinement    in    an    institution severely    diminishes    the    everyday    life activities   of   individuals,   including   family relations,   social   contacts,   work   options, economic       independence,       educational advancement,   and   cultural   enrichment.” States  must  offer  services  in  community settings  to  interested  individuals  who   are needlessly institutionalized  unless doing so would   fundamentally   alter   their    service systems.

In Disability Advocates Inc. v. Paterson, later vacated on other grounds, a federal district court considered ADA integration claims brought by approximately 4,000 individuals with mental illness living in large, segregated board and care homes called “adult homes.”   These are among the outdated facilities that, many decades ago, had been used by states to downsize their state psychiatric hospitals.  The lawsuit involved adult homes with at least 120 beds  and  where  at  least  25  percent  of  the  residents  had  a  mental  illness (individuals  with  mental  illness  constituted  about  80  percent  of  the  overall population of the homes in question). The court held that New York was violating the ADA’s integration mandate by administering, planning and funding its mental health system in such a way that, for thousands of individuals with mental illness, adult homes were the only residential option available.

While  the  adult  homes  are  not  operated  by  the  state,  the  state  is “responsible for determining what services to provide, in what settings to provide them, and how to allocate funds for each program.” The State “plan[s] how and where services for individuals with mental illness will be provided, and . . . allocate[s] the State’s resources accordingly.” The State licenses, monitors, inspects,  and  regulates  adult  homes,  and has  the  power  to  determine  their availability.

Applying the principles set forth in Olmstead, the district court found that adult homes are institutions that segregate people with mental illness from the community, that supported housing is a more integrated setting than adult homes (and the most integrated setting for virtually all adult home residents with mental illness), that virtually all adult home residents with mental illness are qualified to live in supported housing, and that many of these residents would choose to live in supported housing if afforded a meaningful choice. Accordingly, the district court held that New York discriminated against DAI’s constituents by needlessly institutionalizing them in adult homes.  While a federal appeals court vacated the decision based on a finding that the plaintiff, Disability Advocates, Inc., did not have standing to bring the case, it left untouched all of the findings of fact and conclusions of law concerning the merits of the case.

The adult homes case was ultimately refiled as a class action case, and the United States Justice Department brought its own action against the state based  on  the  same  facts—New  York’s  continued  needless  segregation  of individuals with mental illness in adult homes.  The two cases were filed together with a settlement agreement between the class of adult home residents, the Justice Department, and New York.  That settlement was approved by the court and requires the state to develop supported housing for thousands of adult home residents  with  serious  mental  illness.    It  is  described  in  the  section  below concerning Olmstead settlement agreements.

The case has been cited by many other courts, and the reasoning of the decision has been reflected in many subsequent community integration lawsuits and court decisions.

Access the full document ‘A Place of My Own’ detailing housing opportunities through the ADA by going to the Bazelon website.

 

Filed Under: eNews Bulletin Updates

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