Statement of Interest Filed in Case That Argues the Olmstead Decision Created a Right to Institutionalization

The US Department of Justice (DOJ) filed a statement of interest in a case in Illinois in which the plaintiffs argue that the Olmstead decision created a right to institutionalization. The case was filed by guardians of individuals who reside in one of the state’s Developmental Centers. Illinois plans to close two of its centers and redirect the dollars to community-based services. In its brief, DOJ stated that the Americans with Disabilities Act does not confer a right to remain in any given institution and that courts have found that it does not violate federal law for states to close an institution.

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