Where We are on the Twentieth Anniversary of Olmstead v. L.C .

[摘要] Our nation has a dark history of treatment of individuals with disabilities. Not long ago, states prevented people with disabilities from marrying, working in competitive jobs, and attending public schools. Individuals with disabilities were forced to live in isolated, long-term institutions away from their families and communities. Society's focus first shifted to the rights of persons with disabilities in the 1960s civil rights era with the beginning of the Independent Living Movement (ILM), which promoted removal of barriers and acquisition of adaptive skills.1 Section 504 of the Rehabilitation Act of 1973 was one of the first federal civil rights laws to prohibit unnecessary segregation and offer protection for people with disabilities.2 Shortly thereafter, the Civil Rights of Institutionalized Persons Act (CRIPA) of 1980 enabled the Department of Justice to protect the rights of institutionalized individuals.3 The move toward community integration gained impetus with the passage of the landmark civil rights legislation, the Americans with Disabilities Act (ADA) of 1990.4 The ADA prohibits the unnecessary segregation of people with disabilities and guarantees their right to live, work, and be served in the least restrictive setting. The U.S. Supreme Court solidified this right in the 1999 watershed decision, Olmstead v. L.C.5 Olmstead brought with it the promise of community living and integration in society. So where are we today? Have we achieved that utopian state where people with disabilities live and work on the same footing as those without? Are they afforded the same opportunities to grow and prosper as those without? Has the promise of integration made by Olmstead been realized? On the twentieth anniversary of Olmstead, we review the progress our nation has made in the last two decades in improving the quality of life of persons with disabilities and highlight the challenges faced by states in achieving true integration.

[学科分类] 儿科学