Alliance Alert: On June 18, the federal Department of Justice issued a memorandum claiming that federal law (the ADA and Rehabilitation Act) does not require states to provide home- or community-based care to people with disabilities. This opinion challenges the 1999 landmark Olmstead Supreme Court decision, which protected individuals from unnecessary institutionalization.
Along with a full array of disability rights groups from across the nation, the Alliance issued a statement strongly condemning DOJ’s action as “a dangerous and deeply disturbing attempt by the federal administration to undermine one of the nation’s most important civil rights protections for people with disabilities.”
Since she took office, NYS Governor Hochul has made unprecedented investments in community services that support New Yorkers with psychiatric disabilities. But budget documents only tell us how much money will be spent in specified areas not about the measurable impact they have on people’s lives that a plan would measure and identify. We are urging Governor Hochul to see that an Olmstead Plan is released prior to this September’s MISCC meeting and the coming year’s budget session.
See our Buffalo News Op Ed below.
The Alliance will feature a special Olmstead panel at our Annual Conference, “Our Movement Our Moment,” to be held from September 23-25 at our new location at the Albany Marriott.
See registration information and note that our Buy 5-Get-1 special has been extended till July 15.
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ANOTHER VOICE | PEOPLE WITH DISABILITIES
Another Voice: If the Federal Government Walks Away from Olmstead, New York Must Respond
Harvey Rosenthal Bufffalo News June 30, 2026
In 1999, the Supreme Court affirmed a simple but transformative principle: people with disabilities have the right to live in their communities and not be unnecessarily segregated in institutions. Its landmark Olmstead v. L.C. decision established that unjustified institutionalization is not only poor policy, it is against the law.
Today, that promise faces its most serious challenge.
The Trump administration’s Department of Justice recently issued a memorandum arguing that the ADA does not require states to provide services in the most integrated setting appropriate to a person’s needs.
While the memo does not eliminate the Olmstead mandate under law, it sends the message that this DOJ will not take action to protect those rights, threatening a chilling return to the policies of institutionalization.
People with disabilities, their families and advocates are justly alarmed and organizing to press Congress, state governments, and the public to protect and promote their rights
Here in New York, we are very grateful the commissioners of the Office of Mental Health (Dr. Ann Sullivan) and the Office for People with Developmental Disabilities (Willow Baer) and the Chief Disability Officer (Kim Hill) issued statements reaffirming their commitment to the Olmstead decision.
(Moreover, Governor Hochul issued the following statement: “Olmstead v L.C. is one of the most significant civil rights decisions for people with disabilities in our nation’s history. The promise of Olmstead is clear: people with disabilities deserve to live, work, and participate fully in their communities. In New York, we understand what is at stake and will continue to fiercely prioritize access to services that enable people to live with dignity and autonomy in the community”)…
Here’s one step they can take immediately to put that commitment into action.
In 2002, the state’s Most Integrated Coordinating Council was created to see that a yearly Olmstead Plan is released that provides data on people with disabilities and identifies needed improvements to ensure that New Yorkers with disabilities are able to live successfully in their communities.
Past governors have failed to produce such a plan, but I was very heartened when Hochul announced New York will issue an Olmstead plan.
The governor should see that an Olmstead Plan is released prior to the coming year’s budget session.
New York has been a national leader in advancing peer support, supportive housing, recovery-oriented services, and innovative community-based behavioral health programs.
In releasing an Olmstead Plan, the state can send a very strong message across the nation that New York’s commitment to the rights of people with disabilities to call their communities their home is stronger than ever.
Harvey Rosenthal is CEO of the Alliance for Rights and Recovery.
https://buffalonews.com/opinion/article_58e6137c-2f20-4103-aba6-90c4892d0633.html