Building dignity and respect ...
understanding the rights of people with disabilities.

Olmstead Decision 1999:

It is a violation of the Americans with Disabilities Act to discriminate against people with disabilities by providing services only in institutions when they could be served in a community-based setting, and certain conditions are met.

Understand Your Rights - The Olmstead Decision

People with disabilities are often isolated, segregated, and services are tied to institutions. In the Olmstead Decision of 1999 the United States Supreme Court ruled that this can be a form of discrimination based on disability.  Confinement to institutions diminishes everyday life activities of individuals, including family relations, social contacts, work options, economic independence, educational advancement and cultural enrichment.

The US Supreme Court based its decision on Title II of the Americans with Disabilities Act of 1990 which requires states to manage their services and programs 3in the most integrated setting appropriate to the needs of qualified individuals with disabilities.

The US Supreme Court ruled that states must provide community-based services for persons with disabilities when:

• the state1s treating professionals establish that such placement is appropriate for individuals
• the affected persons do not resist such treatment
• placement can be reasonably accommodated, taking into account the resources available to the state and the needs of others who are receiving state-supported disability services.

North Dakota's Response

In 2001, Governor John Hoeven created a North Dakota Olmstead Commission to review the current state of home and community-based services in North Dakota and develop a plan to address any gaps in the range of services.

To understand your rights and for more information on the Olmstead Decision please call:

The HELP-LINE: 2-1-1
Independence, Inc. in Minot: 1-800-377-5114
Freedom Resource Center in Fargo: 1-800-450-0459
Dakota Center for Independent Living in Bismarck: 1-800-489-5013
Protection & Advocacy: 1-800-472-2670
Options in Grand Forks: 1-800-726-3692

By increasing awareness and providing a network of peer support and advocacy at the local, state and national levels for all people, we can help build dignity and respect for all persons with a disability.

If a person is willing and able to live in the community and the state can provide programs that will allow the person to do so, it is illegal to place the person in an institution.

Thanks to the Olmstead Decision, I feel useful and independent again.  I have a job, and feel like I am a part of the community, which is very important to me.  I am surrounded by family and friends, and don't feel like I am an outsider or different.2