On June 18, 2026, the Department of Justice (DOJ) released an internal memorandum regarding the Supreme Court of the United State’s ruling in Olmstead v. L.C.. The internal memorandum provides guidance on the “integration mandate”. The mandate requires people with disabilities be provided supports and services in the most integrated settings appropriate. This means providing Home and Community Based Services (HCBS) over institutionalization.
Please remember the Olmstead ruling remains the same as yesterday, individuals with disabilities have the same rights of inclusion today as they did yesterday.
What is Olmstead v. L.C. (Olmstead)?
Olmstead v. L.C. is a supreme court case from 1999. This case secured what are commonly referred to as “Olmstead Rights”, “Community Integration”, or the “Integration Mandate”. Your rights under Olmstead primarily focus on your right to live in the community instead of being forced to live in an institution. Under this ruling Disability Rights Iowa (DRI) has helped hundreds of Iowans with disabilities leave highly restrictive settings with little to no access to a life outside of the institution to homes in the community. Living in the community allows for full integration, from employment to activities, eating out and more while still receiving necessary medical supports and services. Olmstead is inclusion in the community – living, working, learning, and experiencing everything life has to offer.
Olmstead v. L.C. is the name of a court case, what is the story of the case?
Olmstead v. L.C. was a case between the State of Georgia, and a woman named Lois Curtis. Lois was an advocate for people with disabilities, she was a profound artist, and she paved the way for our work to have a solid foundation for the last 27 years.
Lois was forced to live in an institution because she was a person living with disabilities. But Lois did not want to live in an institution. She wanted to live in the community. So, with the help of the Atlanta Legal Aid Society, she and Elaine Wilson sued the state for the right to live in the community. In 1999, the Supreme Court affirmed that Lois had the right to choose where she lived and that she could not be forced to live in an institution if she did not want to live there. So, she moved into the community. Lois worked, played, created, lived, and participated in a life outside of an institution’s four walls until she passed away in 2021.
In short because of Olmstead v. L.C., Lois lived the life she chose.
What did the DOJ internal memorandum say?
The memorandum to DOJ staff says three main things:
First, the Supreme Court’s Olmstead decision (1999) did NOT actually mandate maximum integration. It only held that unjustified institutionalization can be discrimination, not that states must always prefer community settings. DOJ says courts and agencies over-read Olmstead for 25 years.
Second, it states that Congress never specified that under the Rehabilitation Act and under the Americans with Disabilities Act there is an “integration mandate” – or a rule that community integration should be granted. They share that the clarifications provided by Congress only say disability discrimination shouldn’t happen – not that institutionalization should only be used as a last resort.
Third, it states that Federal rules made to carry out the “integration mandate” go past what legal authority provides and should be taken back.
How does the internal DOJ memorandum impact my rights to community integration and inclusion as a person with a disability?
The short answer is this: it doesn’t. You still have the right to community integration, community living, and community inclusion. If you are a person with a disability who is living in an institution or are at risk of being forced into one without your permission – you can still contact our agency to assist you to remain or return to the community.
This internal memorandum is just that, internal. It does not change your right to inclusion under the Americans with Disabilities Act or the Rehabilitation Act.
It is not missed that today is the anniversary of the Olmstead v. L.C. ruling. Today should be a day of celebration, of recognition, and of moving forward. While difficult, that is exactly what we will be doing. We celebrate and honor the life of Lois Curtis and Elaine Wilson. We recognize the countless individuals with disabilities who lived entire lives trapped in institutions who should not have been. We move forward urging everyone who is concerned with the protection of Olmstead rights to contact Congress to express their desire to move forward towards a fully integrated life for every person with a disability who wants inclusion as the law continues to mandate it.
This post was created by DRI utilizing unrestricted non-federal resources.
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