The landmark Olmstead v. L.C. Supreme Court decision turned 25 on June 22, 2024. It was the first time the Americans with Disabilities Act protected the rights of people with disabilities to receive care in their communities rather than institutions.
To commemorate the date, Garret Frey shared how Olmstead meant he could grow up in his parent’s house after he became paralyzed at age 4 in a motorcycle accident. “I am an active, passionate, optimistic, open-minded person,” said Garret, 40, as a panelist for the U.S. Department of Justice’s Olmstead celebration.
Garret is a United Spinal advocate with our Iowa chapter. “I am fortunate to have always lived within my home, and I have been blessed to have the support of my family, many great friends and many others.” He explained that living in his home would be impossible without the caregivers who help him throughout the day. “They are my hands.”
At the time of the decision, his family was locked in a 12-year-long court battle to get young Garret community services. Because of Olmstead, they won their case, and he grew up loved and supported by his family.
Watch Garret’s remarks below. They begin at the 55:07 mark.
The Fight to Live in Our Own Homes Continues
Recently, on June 18, Garret settled a successful complaint against Iowa with the Office of Civil Rights. He needed his daily hours increased so he could remain in his home.
“My life and my family’s life have positively changed,” he told the audience, which included his mother, about this latest decision. “I now have 24/7 care coverage along with respite services. I was also able to recruit and pay caregivers a livable wage.”
He has nursing care twice a week, overnight and daytime coverage. “These supports have helped me live a more productive, active and independent life,” he says. Plus, now, his backup attendant – his mom – can get a good night’s rest. “My mom is the most important person in my life, truly.”
The Olmstead case found that the Americans with Disabilities Act protects people with disabilities from unjustified segregation. Garret’s remarks are a powerful reminder that the struggle for community services continues, and Olmstead remains a potent tool in that fight.
What Garret Won for Himself and Fellow Iowans
On June 18, the U.S. Department of Health and Human Services Office for Civil Rights announced an agreement with the State of Iowa to enforce federal disability rights laws. This agreement resulted from a complaint filed by Garret, who alleged that Iowa violated his rights by failing to provide him with the 24-hour support and services he needed to continue to live at home.
“As we approach the 25th anniversary of the Supreme Court’s Olmstead decision affirming the rights of people with disabilities to live at home and in their communities, OCR continues to vigorously enforce these Federal rights,” said OCR Director Melanie Fontes Rainer. “Our resolution with Iowa represents OCR’s continued efforts to protect and ensure the civil rights of all individuals. The steps that Iowa took can serve as a model for other states to meet their legal obligations and tailor services to meet an individual’s needs.”
Specific corrective actions taken on June 18 by the Iowa State Department of Health and Human Services include:
- Raising the provider reimbursement rate;
- Allowing for respite services (short-term coverage for primary caregivers);
- Expanding the provider base to enable a sufficient array of providers; and
- Securing necessary providers for overnight and nursing services.
The photo at the top of the page shows Garret flanked by United Spinal Vice President, Government Relations Alexandra Bennewith and Director, Advocacy and Policy Stephen Lieberman. He is also joined by his mother, uncle and friends. Visit our Advocacy Program for more information about our policy priorities, advocacy programs and working groups. Don’t forget to sign up as a United Spinal advocate if you haven’t already!
