Briefs filed in Florida, Illinois and New Jersey to support the Supreme Court's Olmstead Decision

Briefs Allege Failure to Comply with the ADA

WASHINGTON – The Justice Department today announced it has filed briefs in three separate cases in Florida, Illinois and New Jersey as part of its continuing effort to enforce civil rights laws that require states to end discrimination against and unnecessary segregation of persons with disabilities. The department’s filings support two private lawsuits seeking relief in Florida and New Jersey, as well as a proposed statewide class action settlement in Illinois.

The briefs allege that the three states are failing to comply with the Americans with Disabilities Act (ADA) and the Supreme Court’s decision in Olmstead v. L.C., a decision that has often been called the Brown v. Board of Education of the disability rights movement. Last year, President Obama issued a proclamation launching the “Year of Community Living,” and has directed the Administration to redouble enforcement efforts.

“As the Supreme Court determined in the landmark Olmstead decision, unjustified institutionalization violates the rights of individuals with disabilities and stigmatizes them as unworthy of participation in community life,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “Florida, Illinois and New Jersey can provide community-based services to people with disabilities, and the law requires them to do so to prevent unnecessary institutionalization.”

The department filed a brief as amicus curiae, or a “friend of the court,” to support a motion by New Jersey residents with disabilities for summary judgment against the state on their claims brought under the ADA. According to the brief, New Jersey is failing to serve individuals with disabilities in the most integrated setting appropriate to their needs. New Jersey’s placement from institutions to community-based settings has slowed to a trickle, with new admissions largely being placed in institutions. Thousands of individuals continue to be institutionalized despite meeting ADA and Olmstead criteria for community placement, the brief states.

In Florida, the department filed a statement of interest to support Michele Haddad’s lawsuit against the state for violations of the ADA’s integration mandate as set forth in Olmstead. Haddad’s lawsuit alleges that Florida fails to provide community-based services to Medicaid-eligible individuals with spinal cord injuries who are at risk of institutionalization. Instead, the state will fund those services only after an individual relinquishes his or her ties to the community and enters a nursing home. Haddad has successfully resided in the community since 2007, but is at risk of entry into a nursing home due to changes in her caregiver situation. Haddad, who has been on the waiting list for services for two years, notified the state of her increased need for services, but was told that community services would only be available if she was willing to enter a nursing home for 60 days. The United States’ filing supports Haddad’s complaint and declaration for a preliminary injunction against Florida.

In the Northern District of Illinois, the department filed a statement of interest in support of a proposed settlement, embodied in a consent decree, between the state of Illinois and a group of individuals with mental illness living in large, privately-run institutions. The lawsuit alleges that the state of Illinois relies on these facilities, called Institutions for Mental Disease (IMDs), to provide long-term care services while failing to offer services in community-based settings, in violation of Olmstead. According to the statement, the United States supports the preliminary approval of the consent decree because it advances the important public interest in community integration.

The full and fair enforcement of the ADA and its mandate to integrate individuals with disabilities is a major priority of the Civil Rights Division. The ADA protects individuals with disabilities from discrimination by public entities. People interested in finding out more about the ADA can call the Justice Department’s toll-free ADA Information Line at 1-800-514-0301 or 1-800-514-0383 (TTY), or access its ADA website at www.ada.gov, where all relevant case filings can be found.

The Betty Pendler Award

The Betty Pendler Award is an annual award presented to Community Options employees or others whose dedication and work exemplify Community Options’ mission!

Jessica Guberman, Ph.D., Executive Director of Community Options Enterprises / National Public Relations was presented with the prestigious Betty Pendler Award at the annual Community Options Board of Directors meeting held May 22, 2010 at the soon to be opened Just Add Water.

Just Add Water is a social enterprise that Jessica has been preparing to open in mid June. As you can see from the photos below the renovations are absolutely beautiful. I would also note that Jessica personally set up the room for the meeting (with flowers from Vaseful, of course)! This rolling-up-her-sleeves approach to management is one of the many reasons she is so respected by her staff as well as the obvious choice for this award!

Mayor Ron Jones of Beachwood promotes community inclusion and civic responsibility

Option Quest is a Community Options day program that supports people with disabilities in community-based volunteer activities. On a day when the staff were just doing their job and helping to facilitate an activity for the people supported in the program, someone took notice. Mayor Ronald Jones of Beachwood witnessed an interaction with an Option Quest Specialist and a person supported and was completely impressed by what he saw and how loving and caring this staff person was.

As a result of witnessing this interaction, Mayor Jones invited the entire Option Quest program to assist in the planting of all of the annual flowers at the Beachwood Municipal Complex.

"What I witnessed between the staff and the person she was helping was amazing and inspired me to invite the entire group to Beachwood to assist with planting annual flowers," says, Mayor Jones. "More communities should get involved with organizations like Community Options to support people with disabilities," he added.

"We are so grateful for this opportunity to be involved with the community of Beachwood and that someone like Mayor Jones has taken notice of the high caliber of day programming our organization offers," says, Robert Stack, President and CEO of Community Options.

Option Quest was one of the first day programs that Community Options started as it gives people with disabilities an incredible opportunity to become fully integrated in their community.

"We hope that we can continue to work with the Beachwood community on other volunteer projects that may become available," says, Steven Verba, Region Director of Community Options.

"This is the beginning of a great partnership," says, Natalie Pico, Option Quest Coordinator for Community Options.

Feds sue over treatment of disabled in Arkansas

Chuck Bartels of the The Associated Press has reported that the federal government accused Arkansas in a lawsuit last Thursday of leaving people with severe mental or physical disabilities with no choice but to go into state institutions.

The Justice Department lawsuit accused Arkansas of a "systemic failure" that places people in institutions when the state should pursue less restrictive avenues for their care.

"The state gives individuals with developmental disabilities the draconian choice of receiving services in segregated institutions or receiving no services at all," the lawsuit states.

The federal government accused the state of violating the Americans with Disabilities Act, which guarantees people with developmental disabilities the right to live in the most appropriate setting for their needs.

The state has six centers for the developmentally disabled that, in all, care for about 1,100 people.

To continue reading this article, please click here.

Image Caption - A scene from Willowbrook: The Last Great Disgrace (1972)

Robert Stack on New York Talk Radio

Please click here to listen to Robert Stack's interview on New York Talk Radio!

Governor Christie signs legislation to create a registry of abusive caregivers

Gov. Chris Christie recently signed legislation creating an internal registry of caregivers who neglect or exploit developmentally disabled people under their care.

“Abuse at the hands of a caregiver is a reprehensible action,” Christie said in a statement. “The legislation that I am signing today is an important tool to help safeguard those with developmental disabilities from harmful caregivers taking advantage of their position. Equally important, this new law will prevent these custodians from gaining re-employment or continuing participation in human services funded programs.”

“This registry will help root out abusive caregivers who may currently be flying under the radar,” Assemblywoman Valerie Vainieri Huttle (D-Bergen) said in a statement.

The new law goes into effect in 180 days.

Lawmakers have raised concerns over care received by disabled residents since Tara O’Leary starved to death in November 2008 while living in a state-licensed foster home.

To read the entire article by Claire Heininger/Staff Writer and Chris Megerian/Staff Writer for NJ,com, please click here!

Robert Stack's Interview with CBS Money Watch

Robert Stack, President and CEO recently had the opportunity to interview with Amy Levin-Epstein of CBS Money Watch about pay negotiations and what employees can do to get the job!

Excerpt by Amy Levin-Epstein

Get a Lifestyle Upgrade

Time: The biggest quality-of-life builder is time — either free or flexible. “In the 21st Century, in this economy, time is becoming worth more than money,” says Robert Stack, CEO of Community Options, a Princeton, N.J.-based nonprofit that supports people with disabilities. “If you can give people more quality time to spend with their family or have a flexible schedule, you're going to get better quality work and people who are more eager to accomplish the goals delegated to them.” So consider requesting extra vacation days, or even a four-day week.

Click here to continue reading entire article!

A Major Shift for NYC Schools and Kids with Disabilities

Moving kids with disabilities into mainstream schools in NYC was supposed to take off in 2003, so why are we talking about it now? Because now is when it is happening!

Jennifer Medina of The New York Times released the story on April 28, 2010.

This fall, more than 250 schools will be asked to accept more students with disabilities rather than send them to schools that have specific programs for special education, as has been the case for decades. By September 2011, principals at each of the system’s 1,500 schools will be expected to enroll all but the most severely disabled students; those students will continue to be served by schools tailored exclusively to them.


Special education enrollment in New York amounts to 177,000 students, or 17 percent of the system’s total, up from about 13 percent seven years ago. The city’s annual cost for special education is about $4.8 billion annually, with $1.2 billion of that going to send students to private schools.

A Community for just People with Disabilities outside of an Institution?

A sub-division that creates another division between people with disabilities and the rest of the world-

Follow this story on Disability Scoop by: Shaun Heasley

A debate is brewing in Florida between families who want to establish retirement-style communities for adults with developmental disabilities.

Groups across the state want to develop new neighborhoods specifically for people with developmental disabilities and their families.

But critics of the plans say they would amount to institutions and that people with developmental disabilities need to live in the greater community.

When will people realize that your quality of life is directly related to the relationships you have with your peers? For people with disabilities, their relationships are enhanced when these relationships are cultivated with their non-disabled peers.

Follow this story with the Miami-Dade as well.