June 22, 2024- Today marks 25 years since the landmark Olmstead Decision. This ruling found that unjustified segregation of people with disabilities is discrimination, violating the Americans with Disabilities Act (ADA).
Lois Curtis and Elaine Wilson had psychiatric and developmental disabilities. They were voluntarily admitted to the psychiatric unit at a state-run hospital. After treatment, they were deemed ready for community-based programs, but the state kept them institutionalized for several more years.
In the mid-90s, Curtis and Wilson sought help from the Atlanta Legal Aid Society to gain release and services to live independently. They filed a lawsuit under the ADA against the state of Georgia, with Tommy Olmstead, Commissioner of the Georgia Department of Human Resources, as the defendant. In 1999, the Supreme Court ruled in their favor.
The decision mandated that community-based services must be provided to disabled individuals who need them, as long as they do not oppose the services. The Olmstead Decision has since enabled thousands of people with disabilities to live independently, rather than in segregated institutions.
Unfortunately, South Carolina still violates this federal mandate by not having a formal Olmstead plan. This noncompliance not only breaks the law but also endangers our disabled community. SC lawmakers must immediately re-prioritize funding for home and community based services to prevent getting stuck in institutional or out-of-state placements that are costly to the state.
SC is in a true crisis, resulting in increased legal risks for the state, but most importantly, destroying the lives of disabled people and allowing us to be abused and neglected. In 2023, the state’s HCBS waiver waiting list nearly doubled to 41,078 people (Kaiser Family Foundation, 2023).
People with disabilities deserve support to live in the community rather than in segregated institutions. Let’s make this a reality- contact your lawmaker NOW!
[Graphic with text in white, ‘Disability Rights are Human Rights, Olmstead 25th Anniversary,’ Over a transparent image of Lois Curtis and Elaine Wilson over a black background. Lois is a Black woman with cropped hair, and Elaine is a white woman with cropped hair. They are standing on the steps of the US Supreme Court in 1999.]