Segregation comes in many forms. It’s common to associate segregation with race, but it has also historically been a factor in the lives of people with disabilities. Institutions for people with disabilities came into existence in the 1800s and still exist today. In Massachusetts, the class action lawsuits Ricci v. Okin and Brewster v. Dukakis were brought because of “horrific conditions” in places like the Belchertown State School. These lawsuits resulted in a consent decree issued by Judge Joseph Tauro that implemented federal licensing standards and led to mass de-institutionalization.

During my three-plus-decade career in human services, I have always served people in the community. Massachusetts has been a leader in helping people leave institutional settings. They even eliminated the “sheltered workshop” day program setting in favor of supported and enclave employment, as well as community-based day supports.

Given my experience, I was stunned to learn that nine states are challenging the Olmstead Act, which guarantees people with disabilities can and should receive services in their communities whenever possible. Fortunately, Massachusetts is not one of those states. This reversal of 504 legislation (which is the same legislation that guarantees children special education opportunities in public schools) could lead to some very significant consequences for adults with intellectual and physical disabilities.

Unfortunately, with the state of the world, it is not hard to imagine institutions returning to favor. That would be a huge step backwards for people with disabilities and their human rights. In Massachusetts, with a few exceptions, group homes can house no more than 5 people. The most common staffing ratio is 2 staff for 4 people served. In institutions, people were housed in wards of 40 or more people with 3 to 4 staff to tend to them.

Clearly, the staff was never able to adequately attend to everyone’s needs because there weren’t enough staff, which is why the deplorable conditions spurred the class action lawsuits. With that level of staffing, there would be no way to help people pursue their interests, build relationships with family and friends, or partake in fun outings. There would be no latitude for a person receiving services to have a say in the meals that they want to eat or the shampoo they want to use.

It’s important for us to support people in having as full a life as possible. The challenge to the Olmstead Act jeopardizes this and would allow states the latitude to use less expensive alternatives to house people with intellectual disabilities.

Please be sure to contact your legislators to let them know that segregation in any form is a non-starter in Massachusetts, especially for people with disabilities.

Share This Post