Federal memo puts community living rights for disabled Americans on shaky ground

Advocates in Boston gathered at the State House on Wednesday to confront a growing threat to the legal rights of people with disabilities. The group, organized by the Arc of Massachusetts and the Disability Policy Consortium, focused its attention on the 1999 Supreme Court decision in Olmstead v. L.C. That ruling established that individuals with disabilities have a right to receive support and services in their communities rather than in institutions.

The central conflict involves a June memo from the Trump administration’s Department of Justice. The document argued that the federal government is not required to provide home and community-based services for people with disabilities. This stance departs from decades of legal understanding. In late September, a federal judge in Texas v. Kennedy agreed to remove parts of the integration mandate from federal regulations. Harry Weissman, executive director of the Disability Policy Consortium, stated that the memo tells the public the federal government no longer intends to enforce the integration mandate.

Desi Forte, 38, a representative for the Massachusetts Statewide Independent Living Council, described her experience as part of the "Olmstead Generation." She noted that the right to live in the community has never been questioned until now. Forte said she and other MassHealth members are now living in a time where that right is under threat. She emphasized that she had always assumed her rights would be protected since her elementary school years in 1999.

Governor Maura Healey signed a letter in September with 17 other governors to the attorney general. The letter criticized the DOJ memo and reaffirmed the states' commitment to protecting community services. The original Olmstead case was brought on behalf of Lois Curtis, a woman from Atlanta with intellectual disabilities. The Supreme Court ruled that her "unjustified isolation" in state hospitals violated the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.

Pam Glatter’s son, Jacob, is 28 and lives in a group home in Marshfield. He has profound autism and requires 24-hour support. Glatter said his progress has halted since he turned 22 and moved from school services to adult services. She noted that staff shortages mean his life is not as fulfilling as it could be. She asked what happens if the small protections he currently has are taken away.

Maura Sullivan, executive director of the Arc, warned of a "perfect storm" created by worker shortages, upcoming Medicaid cuts, and immigration crackdowns. She said Massachusetts has moved thousands of people out of nursing homes, but more work is needed. The Disability Policy Consortium plans to introduce a bill in the next legislative session to put safeguards in place. State Senator Robyn Kennedy said state legislators have an obligation to protect residents despite federal changes.