U.S. Justice Dept. intervenes in NY adult homes case
WASHINGTON - The Justice Department recently filed a motion to intervene in Disability Advocates Inc. v. David Paterson, et al. in federal court in the Eastern District of New York.
The United States alleges that the state of New York has failed to house thousands of individuals with mental illness who currently reside in large, institutional "adult homes" in the most integrated setting, in violation of Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.
An integrated setting is a setting that enables individuals with disabilities to interact with those without disabilities to the fullest extent possible.
On Sept. 8, the district court ruled the state discriminated against individuals with mental illness residing in adult homes, in violation of the integration mandate of the ADA and the Rehabilitation Act. The case has entered a stage where the court will determine a remedy for the violations. The United States now seeks to participate in crafting that remedy.
"As the Supreme Court determined in the landmark Olmstead v. L.C. case, unjustified institutionalization stigmatizes individuals with disabilities as unworthy of participation in community life," said Thomas Perez, Assistant Attorney General for the Civil Rights Division. "New York successfully provides community-based housing, such as scattered site apartments with supportive services, for individuals just like those currently residing in adult homes, and should provide the same opportunity for adult home residents."
"By moving to intervene in this case, we seek to support the development of an appropriate court-ordered remedy to ensure that the civil rights of individuals with mental illness in the city and state of New York are appropriately protected," said Benton Campbell, U.S. Attorney for the Eastern District of New York.
There are no comments for this story
Post a Comment