-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]]
On Behalf Of Stephanie
Sent: Wednesday, June 23, 1999 10:34 AM
To: [log in to unmask]
Subject: Summary of Olmstead decision


Here is a summary of the decision by the Supreme Court yesterday.  To see
the whole thing you can go to the Cornell U. Law School web site
http://supct.law.cornell.edu/supct/html/98-536.ZO.html

The decision says unnecessary segregation is discrimination, it upholds the
regulation's integration mandate and supports that Congress wanted the ADA
to improve on 504, etc. call for integration of people with disabilities
which is very positive.

However, the court gave the states leeway in terms of how they need to move
folks who want out, out.  Keeping a range of services (institution through
community) available, and treating these options "even handedly" must also
be considered.  Treatment professionals assessment should be given much
consideration, and relied on.  States that have a comprehensive, effective,
working plan and a waiting list that moves at a reasonable pace will have a
defense against those who file suit to get to the top of the waiting list.

The need for MiCASSA is very clear after reading this opinion, and many of
the concerns raised will be addressed by this bill.  Now that the decision
is out, the urgency for MiCASSA is even more than before!

Stephanie


OLMSTEAD v. L. C. (98-536)
138 F.3d 893, affirmed in part, vacated in part, and remanded.
SUPREME COURT OF THE UNITED STATES
OLMSTEAD, COMMISSIONER, GEORGIA DEPARTMENT OF HUMAN RESOURES, et al. v. L.
C.,
by zimring, guardian ad litem and next
friend, et al.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
----------------
No. 98?536. Argued April 21, 1999?Decided June 22, 1999

SNIP Previously submitted by ISM