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DOJ Opinion threatens the right of people with disabilities to live in their homes and communities 

June 26, 2026

On June 18, 2026, the Office of Legal Counsel of the U.S. Department of Justice (DOJ) issued an opinion saying that neither the Americans with Disabilities Act (ADA) nor Section 504 of the Rehabilitation Act requires states to serve people with disabilities in the most integrated setting whenever possible. This opinion targets Olmstead v. LC, the landmark U.S. Supreme Court decision that found that unnecessary institutionalization can be a form of discrimination. The opinion threatens one of the most important civil rights protections for people with disabilities, the right to live and receive services in their homes and communities.

However, as pointed out in a recent press release from The Arc, 

“This is confusing and upsetting news, but it’s important to understand what has changed and what hasn’t. Here’s what people with disabilities, families, and advocates need to know right now:

  • Olmstead is still Supreme Court precedent.
  • The ADA and Section 504 are still law.
  • The integration mandate still exists in federal regulations.
  • People’s rights have not disappeared.
  • The federal government is signaling that it may stop enforcing key  protections for community living.
  • People with disabilities and advocates must stay alert, organized, and ready to push back.

This isn’t the end of Olmstead. It’s the start of a new fight to protect it.”

Many disability advocacy organizations and other entities have warned about the dangerous implications of this DOJ opinion. The Center on Disability concurs with and supports the American Association on Health & Disability statement, AAHD Continues to Support the Promise of Olmstead, and the additional statements it references.