Boston advocates urge state leaders to protect community living rights

Disability advocates in Boston are asking state leaders to prepare for a potential reduction in federal protections for people with disabilities.

On Wednesday, a group organized by the Arc of Massachusetts and the Disability Policy Consortium gathered at the State House. They focused their attention on Olmstead v. L.C., a 1999 Supreme Court decision. That ruling established that people with disabilities have a right to receive support in their communities instead of being confined to institutions.

The group argued that this right is currently facing pressure from Washington. In June, the Trump administration’s Department of Justice issued a memo. The document stated that the federal government is not required to provide home and community-based services. It also suggested the government no longer intends to enforce the integration mandate. In late September, a federal judge in Texas agreed to remove parts of the integration mandate from federal regulations.

Harry Weissman, executive director of the Disability Policy Consortium, noted that the rights have been at risk for 36 years since the passage of the ADA. He said the June DOJ memo does not repeal the ADA or overturn Olmstead. However, it indicates the federal government no longer believes the integration mandate exists.

Governor Maura Healey signed a letter in September with 17 other governors. The letter criticized the DOJ memo and reaffirmed state commitments to protecting community services.

The Olmstead case was originally brought on behalf of Lois Curtis, a woman from Atlanta with intellectual disabilities. She argued her civil rights were violated because she was forced to live in state hospitals. The Supreme Court ruled that such unjustified isolation is segregation that violates the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.

Desi Forte, 38, attended the briefing as a representative of the Massachusetts Statewide Independent Living Council. She described herself as part of the Olmstead Generation. She said the right to live in the community has only recently become a concern for her and other MassHealth members.

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 stalled since he turned 22 and moved from school to adult services. She noted that staff shortages limit how often he is brought into the community.

Maura Sullivan, the Arc’s executive director, described a perfect storm of worker shortages, upcoming Medicaid cuts, and immigration crackdowns. She said Massachusetts has moved thousands of people out of nursing homes but that the state is not doing enough.

The Disability Policy Consortium plans to introduce a bill in the next legislative session to put safeguards in place. State Senator Robyn Kennedy said Massachusetts must prepare for more disruptions from federal changes. She stated it is the obligation of state legislators to protect residents despite the attacks on their rights.