Olmstead V. L.C. - Opinion of The Court

Opinion of The Court

The case rose to the level of the Supreme Court which decided the case in 1999. A major aspect of the Americans with Disabilities Act (ADA) in determining that mental illness is a form of disability and therefore covered under the ADA. Title II of the ADA applies to 'public entities' and include 'state and local governments' and 'any department, agency or special purpose district' and protects any 'qualified person with a disability' from exclusion from participation in or denied the benefits of services, programs, or activities of a public entity.

The Supreme Court decided mental illness is a form of disability and that institutional isolation of a person with a disability is a form of discrimination under Title II of the ADA. Institutionalization perpetuates unwarranted assumptions about people with disabilities and their ability to participate in community life. Institutionalization can also severely diminish the quality of life of persons with mental illness by severing connections to family and other social contacts as well as limiting economic independence. In addition the court decided that the state must transfer the plaintiffs to a community based treatment center. Title II requires that public entities make 'reasonable accommodations' to avoid discrimination on the basis of disability unless those modifications would entail a 'fundamental alteration' of the entities services, program or activity. However, there was an integration mandate that states must develop comprehensive plans to end unnecessary institutionalization at a 'reasonable pace' with the goal of integrating individuals with disabilities into mainstream society to the fullest extent possible.

Ten years after Olmstead, the State of Georgia has still not complied with desegregating most of its institutions.

Read more about this topic:  Olmstead V. L.C.

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