Disability Rights Cases
Maine Home and Community-Based Services
On June 4, 2021, the United States entered into a settlement agreement with the Maine Department of Health and Human Services (DHHS) to resolve a complaint alleging that Maine’s restrictions on services placed a young man with intellectual disabilities at serious risk of having to move from his own home to a group home or institution. The United States issued a findings letter on February 10, 2020 concluding that Maine is violating Title II of the ADA's integration mandate in its provision of services under the State's "Home and Community Services for Adults with Intellectual Disabilities or Autism Spectrum Disorder" Medicaid waiver program. Following an investigation of a complaint, the Department found that Maine failed to provide the complainant with necessary services in the most integrated setting appropriate to the complainant's needs, and failed to reasonably modify its relevant service program to avoid discrimination, thereby placing the complainant at serious risk of unnecessary segregation. The settlement agreement requires DHHS to implement remedial measures, including establishing and implementing a process for individuals to obtain an exception to the waiver program's cap on in-home services, and modifying the program's service planning process to ensure that members' individual needs and preferences determine the services they receive and the setting(s) in which they receive them. For the complainant, the agreement requires DHHS to provide access to all needed in-home services and pay $100,000 in damages.
Central Texas College of Killeen
On May 6, 2021, the United States executed a settlement agreement with Central Texas College of Killeen, Texas, under Title II of the ADA regarding its program access and architectural accessibility requirements, as part of the Section's Veteran Access Program. The agreement will ensure individuals with disabilities access to programs, services, facilities, and activities at Central Texas College, which is in a jurisdiction with one of the nation’s highest concentrations of veterans with service-connected disabilities.
M.G. v. Cuomo
On February 12, 2021, the United States filed a Statement of Interest in the case of M.G. v. Cuomo. In M.G., a class of individuals with serious mental illness allege that they are placed at serious risk of unnecessary institutionalization upon their release from prison because the State of New York administers its mental health system in a discriminatory manner that fails to provide necessary community-based metal health housing and supportive services in violation of Title II of the ADA. The Statement of Interest explains that: (1) individuals who allege serious risk of institutionalization have standing to bring a Title II claim; and (2) allegations that a public entity administers its services in a discriminatory manner state a claim under Title II.
City and County of Denver, CO
On January 8, 2021, the Justice Department entered into a settlement agreement with the City and County of Denver, Colorado, under Title II of the Americans with Disabilities Act (ADA) to satisfy Denver’s obligation under an existing 2018 settlement agreement to have an Independent Licensed Architect (ILA) survey facilities that the United States did not survey as part of its initial investigation and to enter into a supplemental settlement agreement with the United States to remedy alleged ADA violations identified by the United States. Under the 4.5-year supplemental agreement, Denver will ensure that the 18 facilities covered by the agreement are accessible in compliance with Title II of the ADA and the applicable ADA Standards for Accessible Design. The facilities covered by the agreement include the Colorado Convention Center, several police and fire stations, a courthouse, a detention center, two theaters/auditoriums, an animal shelter, and several municipal buildings.