Toolkit to Protect Community Living
Updated: Sep 8
📺 Community Conversation on Olmstead v L.C., the DOJ Memo, and the Fight Ahead (Youtube Link)
BACKGROUND
In 1995, Lois Curtis and Elaine Wilson were held in a Georgia psychiatric institution. Their doctors said they were ready to live in the community, but there weren’t community based services available to release them. They sued and the case went to the Supreme Court. In 1999, the Supreme Court ruled in Olmstead v L.C. that unjustified segregation of disabled people violates the Americans with Disabilities Act(ADA). This case became a major foundation for the right to community living, requiring people to receive services in the community and not be forced into institutions.
Lois Curtis
Elaine Wilson
The fight for community living has been a long one and never fully implemented, but Olmstead made community living a civil rights issue. It helped people leave and avoid psychiatric hospitals, nursing facilities, detention centers, jails, and other segregated settings.
In June 2026, the Department of Justice issued a memo guiding federal agencies to not prioritize community services. While the memo does not change the law or overrule the Supreme Court, it argues that courts have misinterpreted the rights of individuals with disabilities to be integrated into their communities. The memo also said the Department of Justice and Health and Human Services could reconsider or rescind related regulations and guidance.
WHAT DOES THIS MEAN?
The Department of Justice Memo erodes the practical mechanism that has driven community integration progress for more than 25 years, even though the legal right survives on paper. The Department of Justice serves as a sort of referee for governmental agencies. Historically, it has provided oversight and enforcement when agencies violate people's rights. The memo released in June signals a major shift from federal enforcement of community integration rights onto private litigants and protection and advocacy agencies. The Department of Justice says states are not violating federal law as long as they can provide any basic “nonarbitrary rationale”, like budget cuts, for keeping an individual institutionalized. Weaker federal enforcement can make it harder to protect community-based services and fight unnecessary institutionalization.
The right to receive care in the most integrated setting still stands, the question is who enforces, and how aggressively. The impact of this shift will be felt differently in different states, because states have independent authority over disability and mental health law. Some states will try to push to adopt this new interpretation, which could eventually set up a Supreme Court case that revisits the Olmstead decision itself. However, we have the power to act and fight this shift in New York State and for our siblings who will be impacted across the country. We must demand stronger Olmstead protections, community care rights, and investment in housing and support services.
WHAT CAN WE DO?
The rights that we enjoy today haven’t come from the good will of those in power. They come from the persistence and determination of advocates fighting for a community where we belong.
We have included a list below of various actions you can take to protect and strengthen the rights afforded to us because of the Olmstead decision based on what makes sense for your capacity.
Educate Allies and the Community
Has Olmstead and community living shaped your life? Talk to family, friends, neighbors, and the people in your life about what community integration means in daily life and why defending these rights are important to you. You can also share your story with the broader community through social media and through working with the media.
Partnership for the Public Good’s resources on working with the media
Participate in Disability Voting Rights Week
Across the country, eligible voters continue to experience barriers that make it harder, and sometimes impossible, to participate in our elections and in civic society. Disability Voting Rights Week (DVRW) is a nationwide, nonpartisan, cross-disability movement to celebrate the disability community, advocate for accessible futures, and build power.
This year, Disability Voting Rights Week is celebrated from September 14th to 18th.
Learn more at American Association of People with Disabilities
Western New York Independent Living will be hosting a Meet the Candidates Day October 14th, 2026. This is a great opportunity to get candidates on the record their stance on robust Olmstead protections.
Below are a few important dates to make note of for the November 2026 election:
Voter Registration Deadline for General Election: October 24, 2026 (applications must be received by this date)
Early Mail and Absentee Ballot Request Deadline for General Election: October 24, 2026 if mailed, and November 2, 2026 if hand-delivered
Early Mail and Absentee Ballot Return Deadline for General Election: November 3, 2026
Early Voting: October 24, 2026 - November 1, 2026
Election Day: November 3, 2026
In New York State, individuals with disabilities have the right to register to vote if they meet the eligibility criteria, regardless of their disability. Voter registration forms should be accessible and available in alternative formats if needed. Individuals with disabilities have the right to vote without facing discrimination like any other eligible citizen. The right to vote is currently protected under various federal and state laws, including the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973.
Polling places must be accessible to people with disabilities and provide reasonable accommodations to ensure they can vote independently and privately. Some of these accommodations may include accessible voting machines, accessible entrances, and assistance for those who need it. New York State is required to use accessible voting systems that allow voters with disabilities to cast their votes privately and independently. These systems should be equipped with features like audio instructions, large print, and touchscreens.
Voters with disabilities have the right to bring someone to assist them in casting their vote if they require assistance due to their disability. However, certain individuals, like employers or union agents, may not assist voters.
If you have a disability and have any issues registering to vote or voting due to a lack of accommodation, contact Disability Rights New York Protection and Advocacy for Voting Access at 1-800-993-8982.
Relevant Resources:
Educate State and Local Official
American Association of People with Disabilities has created an easy-to-use tool to contact state attorneys general and governors to sign on to statement supporting community integration
Contact New York State Governor and Attorney General at this link - this is a templated statement and can be edited if you wish to add a personal story and demand that New York State officials match their public statements with taking decisive action.
Guidance on how to contact your state leadership, from the Disability Rights Education Defense Fund (DREDF)
Some New York State officials have made supportive statements following the June Department of Justice memo after pressure from disability advocates. Governor Hochul even led a group of 18 Governors in a letter urging the Trump administration not to retreat from federal disability law, but it’s time to turn those statements into decisive action.
It’s also important to build relationships with your State Senator and Assembly Member throughout the year. Most meet regularly in their district offices with constituents and have a casework team to provide support. What is most impactful are personal stories. Your story has the power to influence public policy.
Educate Your Members of Congress
Share why community living is important to you with your member of Congress. You can call or write to them anytime.
Contact information for your representatives in Congress can be found here.
Ask them to co-sponsor House Resolution on Olmstead, H.R. 1469 which condemns the legal opinion issued by the U.S. Department of Justice on June 18, 2026
Join Local Organizing Efforts
ARISE Committee: Join our monthly ARISE disability rights call as we check-in with one another, share campaign and legislative updates, and strategize for next steps. We meet the second Wednesday of every month at 10:00 AM. Email Committee Chair, Mike Rogers at mrogers@sanys.org, to be added to the event and email lists.
Care Not Corruption Coalition: Join our monthly coalition calls to connect, reflect, learn and take action with fellow Western New Yorkers on the frontlines of the home care crisis. We meet on the first and third Wednesday of every month at 2:00 PM. Email Coalition Organizer, Renee Christian at renee@caringmajorityrising.org, to be added to the event and email list.
L’Arche Buffalo: Second Mondays and Fourth Friday dinners join us at 6:00pm at Pilgrim St Lukes to create relationships across ability, eat together, and support the skills of adults with disabilities. Stay after to learn songs together and connect with neighbors, advocates, and organizers and learn songs to regulate at home and at demonstrations. Support us September 11th at the Lodge at Woodlawn Beach for our Fall fundraiser to support events designed to connect community members across the ability spectrum. Our calendar is here or reach out to andrea@larchebuffalo.org to be added to the event and email list. There are L’Arche’s around the world! In New York State, there is a L’Arche Long Island and a L’Arche Syracuse.
Engage in Broad Solidarity
We must have cross-disability solidarity and cross-issue solidarity. We are more powerful when we fight together! Many policy efforts to restrict rights are aligned with or part of broader efforts to institutionalize and criminalize people. Whether it be unhoused people, our immigrant neighbors, those living in poverty, or people who are targeted because of their race, gender or sexual identity, our rights are deeply intertwined with many other movements for justice.
Broadly speaking, the New York State constitution has strong protections against institutionalization. However, we need to ensure those protections are applied equitably, are fully resourced, and have oversight from the communities that will be impacted most. New Yorkers also have the opportunity to set an example and advocate for those in other states that don’t have those same protections. As we continue to demand better from our government officials, we can encourage people in other states to step up and use their voices to demand better from their government officials as well.
Follow the Texas v Kennedy case which is currently a Complaint by Texas, Alaska, and Florida against the United States government seeking to get rid of Section 504 and its updated rules from 2024 protecting people with disabilities from discrimination in health care and human services. The Complaint originally started with 17 states, and as the purpose shifted with a change in administration, 9 states renewed their attack in January 2026 on Section 504 and the right to live in the community. Since then, six states, Indiana, Kansas, Louisiana, Montana, South Dakota, and most recently Missouri, have dropped out of the case due to intense advocacy from the disability community.
Join The Defend Community Integration Coalition
National disability organizations, allies, and advocates all across the country are coming together to defend the right of people with disabilities to live in our own communities. The Defend Community Integration Coalition is a coalition of national, state, and local organizations and individuals who will work together to protect community living.
Monitor and Comment During Rulemaking Processes
The memo is a signal that the Department of Justice and the Department of Health and Human Services plan to try to change long standing regulations that require states to serve people in the community, not institutions. Government agencies usually use informal rulemaking procedures when creating new administrative regulations, also known as “rules,” or when modifying or repealing existing rules. This process requires the agency to notify the public of the proposed new or changed rule, and to accept public comments.
On July 20th, 2026 the Department of Justice rescinded its Olmstead guidance, citing the June 18th DOJ Memo.
Sign up for AAPD’s mailing list to receive AAPD Action Alerts every time AAPD does a campaign to comment on important disability rulemaking processes
This resource from Justia explains how the notice & comment process works
Stay Informed Through Reliable Sources and Resources
American Association of People with Disabilities(AAPD): works to increase the political and economic power of people with disabilities.
Bazelon Center for Mental Health Law: advocates for the civil rights, full inclusion and equality of adults and children with mental disabilities.
Disability Rights Education and Defense Fund (DREDF): is a leading national civil rights law and policy center directed by individuals with disabilities and parents who have children with disabilities.
National Council on Independent Living(NCIL): Advance the disability-led Independent Living Movement to expand the capacity of Independent Living Programs to enhance the human and civil rights of all people with disabilities.
WBFO Disabilities Beat: Local Buffalo Toronto Public Media reporting on disability related topics
Red Line for Civil Rights: was built by and is run by former career attorneys and staff of the U.S. Department of Justice’s Civil Rights Division.
Plain Language Roundup: Take action against attacks on the integration mandate: plain language round up by Autistic Advocacy explainsing the integration mandate.
Disability Scoop: the nation’s largest news organization devoted to covering developmental disabilities. You can sign up for their free newsletter.
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