Harkin Introduces Resolution Commemorating The Tenth Anniversary Of The Olmstead Decision

Press Release

Senator Tom Harkin (D-IA) today introduced a Resolution commemorating the tenth anniversary of the Supreme Court's historic Olmstead decision, which requires states to provide individuals with disabilities the choice to receive their services in a home or community based setting, rather than in an institution. Cosponsoring the Resolution is Senator Ted Kennedy (D-MA). A copy of the Resolution is attached.

"The Olmstead decision sent a clear message that under our civil rights laws, individuals with disabilities should have the right to choose where to receive their care," Harkin said today. "We have made some progress in the past ten years, but our work is not nearly done; there are many individuals with significant disabilities who want to live or remain in the community but are not able to do so, or who struggle to do so, due to the lack of necessary services and support."

The Olmstead decision is based on the Americans with Disabilities Act of 1990 (ADA); Senator Harkin was the chief sponsor of the ADA in the Senate and was instrumental in its passage. The ADA provides guarantees of equality of opportunity, full participation, economic self-sufficiency and independent living for people with disabilities. In Olmstead v. L.C., 527 U.S. 581, the Supreme Court held that States must offer qualified individuals with disabilities the choice to receive their long term services and support in a community based setting. In reaching this decision, the Supreme Court found that "unjustified institutional isolation of persons with disabilities is a form of discrimination," and that "confinement in an institution severely diminishes the everyday life activities of individuals, including family relations, social contacts, work options, economic independence, educational advancement, and cultural enrichment."

Senator Harkin continues to work to ensure equality for Americans with disabilities. Harkin's Community Choice Act, which was introduced in March, focuses on ensuring that individuals with significant disabilities have a real choice to receive their necessary services and support in home and community based settings, as Olmstead requires. For more information, please click here: http://harkin.senate.gov/pr/issue.cfm?issue=disability.

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