The disability community is facing another deeply troubling action from the federal government. In a memorandum issued yesterday, the Department of Justice announced that it will no longer rely on its longstanding Olmstead guidance when enforcing Title II of the Americans with Disabilities Act (ADA).  It is also reconsidering whether that guidance properly reflects the law’s meaning. This should alarm every person with a disability, every family and every direct support professional.

For decades, the federal government recognized that people should not have to enter an institution before their civil rights can be protected.  Cuts to personal assistance, inadequate community services and long waiting lists that place people at serious risk of institutionalization can also violate the ADA. The Justice Department’s new position could make those policies harder to challenge and leave families fighting longer and more expensive legal battles while essential services are reduced or eliminated.

But we must also understand what has not happened. The Supreme Court’s Olmstead decision has not been overturned.  The ADA has not been repealed. Courts have not abandoned the right of people with disabilities to live in the most integrated setting appropriate to their needs. The Justice Department can change its position.  It cannot erase the law or the authority of the courts.

We are living through a difficult period of uncertainty, but presidents, members of Congress and political appointees are temporary officeholders.  The disability community remains.
Our movement has faced hostile political forces before. So have people of color, immigrants, LGBTQ+ people, women, religious minorities and other communities that have been marginalized, excluded or targeted by government action. These struggles are not identical, but they share an important truth: rights are rarely secure unless people are willing to defend them. Progress has never traveled in a straight line, and setbacks have often been followed by renewed organizing, stronger coalitions and lasting change.

Direct support professionals have power.  You are voters, advocates, family members, and trusted voices in communities across the nation.  You understand what happens when disability services are weakened. Now is the time to use that power. Register to vote.  Help everyone you know register.  Please make sure people with disabilities have the support and accessibility they need to reach the polls. Call members of Congress and state legislators.  Demand that they defend the ADA, protect Medicaid, and restore policies that support people with disabilities in their homes and communities. Disability rights were won because people with disabilities, families, DSPs and advocates organized, voted and refused to accept exclusion.

We have done it before.

We will do it again.

Joseph M. Macbeth

President and Chief Executive Officer

National Alliance for Direct Support Professionals