Gov. Kathy Hochul and 17 other governors are urging the Trump administration to preserve federal enforcement supporting the right of people with disabilities to receive services in community settings instead of being unnecessarily institutionalized.
The governors sent a letter to Attorney General Todd Blanche after the Justice Department questioned the legal framework behind integration protections and stopped relying on federal guidance tied to the Supreme Court's Olmstead decision.
Governors cite changes in federal guidance
The letter said the Justice Department's Office of Legal Counsel issued an opinion June 18 questioning the longstanding framework governing the right of people with disabilities to live and participate in their communities. On July 20, the department said it would no longer rely on Olmstead guidance issued in 2011.
The 1999 Supreme Court decision in Olmstead v. L.C. held that unnecessary segregation of people with disabilities can violate the Americans with Disabilities Act. The governors said states have spent decades expanding home- and community-based services, supportive housing, education and employment opportunities in response.
Hochul said New York would continue defending disability rights and called on the federal government to reverse course.
States warn of uncertainty for families
The governors said the federal actions have created uncertainty for states, support workers, people with disabilities and their families. They argued that weakening integration protections could increase the risk of people being placed in institutions against their wishes.
The letter described community integration as the ability to have a home, work, attend school, shop, worship, build relationships and participate in civic life while receiving appropriate services.
Governors from Connecticut, Maryland, Michigan and Oregon joined Hochul in publicly defending the Olmstead framework. They said the issue crosses party lines and noted that the Americans with Disabilities Act passed with bipartisan support and was signed by President George H.W. Bush.
Letter seeks continued federal partnership
The governors said states may administer services differently but share a commitment to individual choice and inclusion. They offered to work with the administration and Congress to strengthen community-based systems.
The letter asked the Justice Department not to weaken protections against unnecessary segregation and to maintain the federal role in enforcing access to integrated settings.
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