Ohio DD System Alleged to Violate ADAImage Banner

Ohio DD System Alleged to Violate ADA

You are here

Ohio DD System Alleged to Violate ADA

July 11, 2014
Over the past year and a half, Disability Rights Ohio, a non-profit legal advocacy organization, has reviewed the system of residential services for people with intellectual and developmental disabilities in Ohio. In a letter sent to Ohio Governor John Kasich (R), the state DD director and the state Medicaid director, the organization says that it has conducted an extensive investigation which included site visits to intermediate care facilities (ICFs/IID), developmental centers, sheltered workshops and facility-based day habilitation programs. The letter says that based on these site visits, interviews, and review of public records, it found that "thousands" of Ohioans are experiencing segregation in the state in violation of the Americans with Disabilities Act (ADA), and specifically in conflict with the holding of the Supreme Court case of Olmstead v. L.C. which determined that the ADA requires that states providing services to individuals with disabilities do so in the most integrated, least restrictive settings appropriate.  
 
Disability Rights Ohio points to the high percentage of people with DD in the state that are in institutional settings as a result of the "institutional bias" that it says occurs because funding and systems are skewed to favor them over home and community based settings. The letter includes a summary of the organization's findings and then proposes a list of twelve remedial steps it says the state must take to achieve ADA compliance. It further asks Ohio to enter into negotiation with the organization and its partners to resolve the matters and avoid legal action.