14/07/2026
In 1999, the Supreme Court affirmed the right of those with disabilities and mental health conditions to full integration in their communities. In the decades since the landmark Olmstead v. L.C. decision, courts throughout the country have upheld the precedent that individuals with disabilities should not be placed in institutional settings unnecessarily and instead should be able to access home-and-community-based services (HCBS) that meet their needs while enabling them to remain valued and included members of their communities. In response to these legal requirements, states offer HCBS options that have proven to be both less costly than institutionalization and allow individuals to remain a vital part of society. This improves not only the overall well-being of the individuals receiving services, but strengthens the communities around them, contributes to economic growth, and encourages freedom of self-direction.
On June 18th the Department of Justice’s Office of Legal Counsel (OLC) released a memorandum that goes against decades of precedent by contending that Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act do not require individuals with disabilities to be integrated in their communities.
As Florida’s dedicated Protection and Advocacy Agency, Disability Rights Florida condemns this opinion and affirms both the right of individuals to live in their communities and fully participate in society, as well as the value of their contributions.
It is important to note that the OLC memorandum does not change the law. As of now, the ADA, Section 504, and Olmstead remain unchanged. However, this legal reasoning could impact the Department of Justice’s future enforcement of these laws, as well as the way that Florida implements future HCBS services. This is deeply concerning, and Disability Rights Florida will continue to monitor and address any immediate and long-term implications.
