Olmsted v. LC is for people with disabilities what Brown v. Board of Education is for Black Americans. Brown, the case that held that “separate” is inherently unequal, and therefore, unlawful, is the basis for thousands of judicial challenges to segregationist policies. The opinion in Olmsted, the Supreme Court decision written by Justice Ruth Bader Ginsburg, requiring government services to be delivered in appropriate integrated settings, not institutions, will be a shield against discrimination for generations.
Justice Ginsburg recognized that all Americans, including people with disabilities, are entitled to life, liberty and the pursuit of happiness. She recognized that community living is beneficial, because people with disabilities, while managing their own lives, educate people without disabilities about the capabilities, citizenship and contributions to society that our community demonstrates every day.
She wrote:
“Recognition that unjustified institutional isolation of persons with disabilities is a form of discrimination reflects two evident judgments. First, institutional placement of persons who can handle and benefit from community settings 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.”
While Justice Ginsburg will probably be remembered for her advocacy for women and girls, women lawyers, and all underprivileged Americans, the Olmsted benchmark she created for evaluating government services will be her legacy for millions of people with disabilities.
—James Weisman, President/CEO