The Department of Justice and the state of North Dakota have reached a settlement agreement in which the state will provide a more expansive community-based care service for individuals who live with disabilities.

This settlement comes after a long battle between states concerning their role in upholding the law regarding those with disabilities. In 1990, the Americans with Disabilities Act (ADA) was passed to ensure that those living with disabilities were not discriminated against in all areas of public life.

Even with the ADA in place, those living with disabilities were often subjected to unfair treatment, especially regarding their living conditions in institutions and nursing homes. Those who lived in state institutions were often stripped of basic freedoms, including what and when they wanted to eat, how they wanted to spend their day, and in extreme cases, who they could socialize with.

In 1999, the U.S. Supreme Court heard the case of Olmstead v L.C. This case was a landmark decision that ruled segregating those with disabilities from their community and putting them into facilities or institutions was a violation of the Americans with Disabilities Act.

Because of the Olmstead decision, states were now required to stop the practice of institutionalizing those with disabilities and instead, give them the option to live in a community-based living facility, at home, or any other residence of their choosing.

The Department of Justice began its investigation into North Dakota in 2015. The state was under scrutiny for not abiding by the Olmstead ruling. Allegations were brought against the state that segregation of the disabled was still occurring as many were being put into nursing homes and other institutionalized facilities instead of allowing those individuals to choose whether or not they wanted to live in community-based residences. There was also scrutiny that the state was not doing its part to educate the public about ADA protections and options that those with disabilities had when it came to living facilities.

U.S. Attorney Drew Wrigley shared the following statement with a local news outlet, West Dakota Fox News, “It’s important that people never view the ADA as some sort of a federal oversight compliance directive. It’s so much more than that. The failure to recognize the ADA robs us all of everyone’s potential.”

Components of the Settlement

The settlement will focus on three major aspects in an effort to improve access to those with disabilities. The state has agreed to focus on educating the public about the rights of those with disabilities, there will be a greater focus for those who would like to transition out of a facility into a home or community-based living center, and lastly, there will be intentional assistance to help those who are transitioning out of the hospital setting.

Additionally, the Olmsted settlement agreement allows both those with disabilities and seniors to have options as far as how and where they want to live. North Dakota has agreed to expand services to the over 2,500 residents who live with disabilities in the state. The state's assistance will include educating these individuals, helping them locate a desired place of residence, and providing necessary supports like home health aides when needed.

Assistant Attorney General Eric Dreiband for the Civil Rights Division said the following of the settlement agreement, “Today’s settlement is a great victory for the people of North Dakota and its government. The settlement agreement will ensure that individuals with disabilities are no longer unnecessarily institutionalized in nursing facilities. Instead, these individuals will be able to choose to remain in their own home, near family and friends.”

The community response has unsurprisingly been one of overwhelming joy and hope. Different organizations in the community have shared their support of the settlement. Mike Bruce, the communications director for the North Dakota Association for the Disabled (NDAD) expressed that “This settlement has the potential to provide much more of a humane approach to helping people with disabilities live where they’d like and where they’re best suited to be.”

For many, the Olmstead settlement agreement comes at an appropriate time as the pandemic has been well documented to spread rapidly through nursing homes and other institutionalized facilities. By allowing those with disabilities and seniors the opportunity to choose where they live, they may have a decreased risk of contracting the virus.