Official Statement On Olmstead DOJ Memo from CEO & Founder
Nothing About Us Without Us
Official Statement On Olmstead DOJ Memo from CEO & Founder
The DOJ is loud and wrong on their interpretation of the Olmstead decision, and we are saying no to crip crow
For Immediate Release: June 20 2026

On June 22, 1999, the landmark Supreme Court Olmstead decision affirmed that people with disabilities are integral members of their communities. It also emphasized that segregating or isolating disabled individuals is unacceptable and dehumanizing. On June 18, 2026, four days before the 27th anniversary of the Olmstead decision, the DOJ Office of Legal Counsel issued an opinion claiming that federal disability laws don’t require state-level integration. Their flawed interpretation of Olmstead and of Congress’ intent is unjustified and inaccurate. Despite this, they will still use it to harm disabled people, restrict freedoms, and threaten lives.
Our judicial system, Congress, court rulings, and federal law have consistently reaffirmed the Olmstead decision. Over the ensuing decades, regulations issued by the Department of Health and Human Services and the Department of Justice have explicitly clarified that the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504) prohibit states from compelling individuals with disabilities to reside in institutions, such as psychiatric hospitals, nursing homes, segregated schools, and sheltered workshops, to access services, including personal care, when such individuals can be effectively served in their homes and communities.
The DOJ memorandum allows for states to potentially re-establish institutions for individuals with disabilities, like the closed Willowbrook State School in 1984. Such institutions are known to harm recovery. Evidence shows that providing humane, cost-effective services in homes and communities leads to better outcomes. This approach also reduces government costs by promoting community integration, where individuals with disabilities belong.
America has not fully fulfilled its commitment to guaranteeing equality for all since its founding nearly 250 years ago. It is broadly acknowledged that Supreme Court precedents concerning voting rights are susceptible to abrupt shifts, as illustrated by the Calais decision. Therefore, Disability Community for Democracy will urge Congress to enact legislation that codifies the Olmstead decision, ensuring that states cannot compel the re-institutionalization of individuals with disabilities, because we are Saying No to Crip Crow. We are planning multiple actions to push back against this ableist DOJ memo. If you want to get involved in urging Congress to enact legislation that codifies the Olmstead decision, please email info@disabilitycommunityfordemocracy.org.
Meanwhile, contact your US House Representative and your two Senators via the Capitol Switchboard at (202) 224-3121. Also, you can use the complimentary service provided by FaxZero to fax your representative and both senators.
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