State of New York Ruled to Have Violated ADA

According to Jurist, a federal district court in New York has ruled that the state violated the ADA by keeping mentally disabled individuals in housing that was segregated from the public. The case pondered the ADA requirement that institutional placement must be to the most integrated housing available so that recovery may be enhanced. The court relied on Olmstead v. L.C., 527 U.S. 581 (1999), which noted that “unjustified isolation” was in fact discrimination based on disability and that “institutional placement of persons who can handle and benefit from community settings perpetuates unwarranted assumptions that persons so isolated are incapable of or unworthy of participating in community life.” 527 U.S. at 597, 600. The court went on to state that the ““most integrated setting,” according to the federal regulations, is “a setting that enables individuals with disabilities to interact with non-disabled persons to the fullest extent possible.””

There is no word yet if the government will appeal.

You may find more information and the link to the case here. You will find hundreds of current news feeds at our Current News/Recent Cases page.


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