AA v. Bimestefer

On January 14, 2022, the United States filed a Statement of Interest in AA v. Bimestefer, No. 1:21-cv-02381 (D. Colo.), an action on behalf of children with mental health disabilities who allege they have experienced a revolving door of institutionalization due to Defendant’s failure to arrange and provide for medically necessary care.  The plaintiffs allege that they are currently segregated, or at risk of segregation in, institutions because of the State’s failure to provide them with intensive home and community based services, in violation of Title II of the ADA. The SOI clarifies that (1) plaintiffs who are segregated or at serious risk of segregation due to a lack of community-based medically necessary services can establish they have an injury in fact sufficient to confer standing, and (2) unnecessary segregation constitutes discrimination on the basis of disability under the ADA and the Rehabilitation Act.