Olmstead, Commissioner, Georgia Department of Human Resources, et al. v. L. C., by Zimring, guardian ad litem and next friend, et al.

Background

Olmstead, Commissioner, Georgia Department of Human Resources, et al. v. L. C., by zimring, guardian ad litem and next friend, et al. [ [http://supct.law.cornell.edu/supct/html/98-536.ZS.html] Syllabus and opinions of the Supreme Court regarding Olmstead] (Olmstead v. L.C.) was a case filed in 1995 and decided in 1999 before the United States Supreme Court. The plaintiffs, L.C. (Louis Curtis) and E.W. (Elaine Wilson, deceased December 4, 2005) [ [http://www.atlantalegalaid.org/impact.htm] Atlanta Legal Aid Society] , were two women who had diagnoses of mental retardation and schizophrenia, and mental retardation and personality disorder, respectively. [ [http://www.ncset.org/teleconferences/transcripts/2002_03.asp] Robert “Bobby” Silverstein, J.D., Director, Center for the Study and Advancement of Disability Policy] They had both been treated in institutional settings and in community based treatments in the state of Georgia.

Following clinical assessments by state employees both plaintiffs were determined to be better suited by treatment in a community based setting rather than in the institution. Both sued the state of Georgia to prevent them from being inappropriately treated and housed in the institutional setting.

upreme Court Decision

The case rose to the level of the Supreme Court which decided the case in 1999. A major aspect of the Americans with Disabilities Act (ADA) in determining that mental illness is a form of disability and therefore covered under the ADA. Title II of the ADA applies to 'public entities' and include 'state and local governments' and 'any department, agency or special purpose district' and protects any 'qualified person with a disability' from exclusion from participation in or denied the benefits of services, programs, or activities of a public entity. [ [http://www.ada.gov/] Americans with Disabilities Act website by the Federal Government]

The Supreme Court decided that mental illness is a form of disability and that institutional isolation of a person with a disability is a form of discrimination under title II of the ADA. Institutionalization perpetuates unwarranted assumptions about people with disabilities and their ability to participate in community life. Institutionalization can also severely diminish the quality of life of persons with mental illness by severing connections to family and other social contacts as well as limiting economic independence. In addition the court decided that the state must transfer the plaintiffs to a community based treatment center. Title II requires that public entities make 'reasonable accommodations' to avoid discrimination on the basis of disability unless those modifications would entail a 'fundamental alteration' of the entities services, program or activity. However, there was an integration mandate that states must develop comprehensive plans to end unnecessary institutionalization at a 'reasonable pace' with the goal of integrating individuals with disabilities into mainstream society to the fullest extent possible.

References

Resources

Bazelon Center for Mental Health Law: http://www.bazelon.org/issues/disabilityrights/incourt/olmstead/index.htm