Virginia Judge Dismisses Arc-VA lawsuit; Olmstead relied on

A federal judge has dismissed a lawsuit brought by The Arc of Virginia against the State of Virginia challenging a state plan to renovate and resize the Southeastern Virginia Training Center (SEVTC). Judge Robert Payne held that The Arc failed to establish a "case or controversy" ripe for judicial review and, thus, the court lacked jurisdiction to hear the case. The Virginia Office of Protection & Advocacy represented the Arc. The U.S. Department of Justice participated as Amicus ("Friend of the Court") in support of the plaintiffs.

Noting that deinstitutionalization was the plaintiff's central motivation in this case, Judge Payne held that, in this situation, the State has indicated that no one will reside at the new SEVTC who doesn't want to be there.

"Here, there is evidence that shows that many individuals will choose to live in the new facility. In fact, at least 84 of the 155 legal representatives of the current SEVTC residents have made formal pleas to permit their loved one to remain in the new facility rather than be placed in community housing (citation omitted). Thus, the argument made by Arc and the United States regarding the risk of institutionalization fails to account for a key principle in the Olmstead decision: personal choice. And here, where more residents desire to remain in institutional care than the new facility can provide for, there is little to no risk of institutionalization for those whose needs do not require it and who do not desire it."

Click here to read the full decision.

Bequests

The foresight of past VOR supporters and members has helped VOR plan for tomorrow by building a permanent growing fund that will provide for advocacy and all of the critical VOR services for future generations.

ICFs/MR as Permanent Homes

Individuals with developmental disabilities who qualify for Intermediate Care Facilities for Persons with Mental Retardation (ICFs/MR) have a legal right to access and to stay at those facilities as long as they remain eligible and choose to do so, and thus they have a right to consider ICFs/MR their permanent home.

For full letter click here.

Illinois Judge Sides with Choice, Rejects Settlement

Illinois Judge sides with choice; rejects proposed settlement and decertifies class

Residents of Illinois’ private facilities for persons with developmental disabilities and their families celebrated an early-July decision in Ligas v. Maram. The lawsuit, filed by Illinois’ Protection & Advocacy against the State of Illinois, has concerned families of private facility residents after learning of its filing in 2005. The lawsuit, filed by just nine plaintiffs, was filed on behalf of a class of 6,000 people.