10/05/2026
In 1999, two women with developmental disabilities, Lois Curtis and Elaine Wilson, won a Supreme Court case called Olmstead. They had spent years in a Georgia institution, and they wanted what most of us take for granted: a home in their own community. The Court agreed that needlessly segregating people with disabilities is discrimination.
For 27 years, the federal government enforced that right. This year it stopped.
In June, the Department of Justice issued a memo stating that federal law does not require states to serve people in the community. In July, it set aside its Olmstead guidance. On September 23, a federal judge in Texas, at the joint request of the DOJ and five states, removed the community integration rules from the federal Section 504 health regulations. That order applies in every state. The case is closed, and because both sides requested the outcome, no appeal is expected.
To the families and caregivers we serve, here is where things stand:
Olmstead, the ADA, and Section 504 remain the law. Your loved one's services are not changing today. Families can still go to court to defend the right to community living. In California, the Lanterman Act separately guarantees community-based services.
What we are watching next: The Justice Department still has its own community integration rule under the ADA, and advocates expect it could be the next to be challenged. DOJ has also begun stepping back from cases it once brought against states.
If you are a parent wondering who will stand up for your son or daughter when you can no longer, this matters. Stay informed. Share your family's story. Tell your elected officials that community living is a civil right. Please share this so other families know.
