A decade ago, the U.S. Supreme Court ruled in Olmstead that unjustified segregation of individuals with disabilities in institutions is a form of discrimination prohibited by the Americans with Disabilities Act. The case was interpreted as directing states to provide community-based supports rather than continue unwarranted segregation in institutions.

Sue Jamieson and Talley Wells of the Atlanta Legal Aid Society write in the Atlanta Journal-Constitution that Georgia, the state where Olmstead originated, is still “woefully out of compliance” with the court’s mandate to move people out of its psychiatric hospitals. At the same time, the state continues to undergo federal scrutiny for systemic violence, neglect, and abuse in its hospital system. An excerpt:

Paradoxically, the key work that must take place to fix Georgia’s hospitals must take place outside of the hospitals. The state must dramatically build up its supports, services and residential options in the community. Many of the incidents of violence, neglect and abuse in the state hospitals directly relate to overcrowding. Building a community infrastructure will reduce overcrowding and will have the added benefit of bringing Georgia into compliance with the Americans with Disabilities Act.

See also:

Federal judge rejects plan for Georgia’s mental hospitals — Atlanta Journal-Constitution

Community Choice It’s A Civil Right — ADAPT press release

This entry was posted on Saturday, October 10th, 2009 at 11:30 pm and is filed under ADA, community services, institutionalization. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.