U.S. Justice Department issues new memo on Olmstead Act
What does it mean and what's next?
Friday, August 14, 2026
On July 20, 2026, the U.S. Department of Justice issued a notice saying certain parts of the Olmstead Act, a 1999 Supreme Court case ruling that unnecessary segregation of people with disabilities is a form of discrimination under the Americans with Disabilities Act (ADA), are "not enforceable." The notice goes on to say that the Justice Department "will not rely upon the Olmstead Guidance in its enforcement of Title II of the ADA."
What is Olmstead?
Olmstead was a landmark Supreme Court case involving Lois Curtis and Elaine Wilson vs. the State of Georgia. Professionals decided that both women should live in their community with supports, but they were kept in an institution. The Court ruled in favor of Curtis and Wilson, reaffirming that forced institutionalization can be a form of discrimination under the ADA.
Resources and more info:
- U.S. Justice Department's official notice on enforcement of Olmstead and integration mandate
- Department of Justice Legal Memorandum on Olmstead Fact Sheet (Family Voices)
- Justice Department Deems Major ADA Guidance 'Not Enforceable' (Disability Scoop)
- AUCD Disability Policy for All video about Justice Department memo
What's next?
- Follow along with the WV Developmental Disabilities Council, Disability Rights of WV, and the WVU CED on social media for continued updates.
- Use the contact info below to reach West Virginia legislators to voice your opinion if you so choose.
WV legislator contact info:
Call Senator Jim Justice
202-224-3954 | Contact Senator Justice
Call Senator Shelley Moore Capito
202-224-6472 | Contact Senator Capito
Call Representative Carol Miller
202-225-3452 | Contact Representative Miller
Call Representative Riley Moore
202-225-2711 | Contact Representative Moore
