The U.S. Department of Justice filed a brief opposing a motion for preliminary injunction in Illinois League of Advocates for the Developmentally Disabled v. Quinn. The plaintiffs in the case argue that Olmstead forbids the State of Illinois from closing institutions for people with developmental disabilities. The plaintiffs are guardians of individuals residing in the Jacksonville Developmental Center and the Murray Developmental Center which the state of Illinois plans to close in 2013. The guardians argue that the Americans with Disabilities Act (ADA) gives people a right to live in a segregated institution. Illinois wants to shift resources away from institutions in order to expand community based services and supports.
In filing the brief, DOJ is clarifying that nothing in the ADA’s integration mandate, its implementing regulations, or case law confers a right to remain in any given institution.