WASHINGTON — A new legal opinion issued by the U.S. Department of Justice is drawing criticism from disability rights advocates after concluding that federal law does not require states to provide community-based care for certain people with disabilities, a position that challenges a long-standing interpretation of federal civil rights protections.
The opinion, released by the Justice Department’s Office of Legal Counsel this month, states that neither the Americans with Disabilities Act nor Section 504 of the Rehabilitation Act requires states to provide services in the “most integrated setting” for individuals with mental disabilities. The opinion is now the official legal position of the department, according to Justice Department materials.
The document revisits the interpretation of the U.S. Supreme Court’s 1999 ruling in Olmstead v. L.C., a landmark disability rights case that has widely been understood as requiring states, under certain circumstances, to provide services in community settings rather than institutions.
According to the opinion, federal disability laws prohibit discrimination but do not impose an affirmative obligation on states to provide community-based services in every case. The department has not announced any immediate changes to existing regulations or programs.
Disability rights organizations, former government officials and legal scholars said the opinion could weaken enforcement of protections that have supported independent living for people with disabilities for decades.
“It is now the position of the United States government that people with disabilities don't have a right to be part of their communities,” Alison Barkoff, a disability law scholar and former federal official, told NPR in comments published on Saturday.
Advocates said community-based services have enabled many people with disabilities to live, work and attend school outside institutional settings. They warned that a narrower interpretation of federal law could affect future enforcement actions and litigation involving disability rights.
The Justice Department has not indicated whether federal agencies will alter enforcement policies in response to the opinion. The department’s Disability Rights Section continues to state that its mission includes advancing equal opportunity, inclusion and independent living for people with disabilities.
The legal opinion comes amid broader debates over the scope of federal civil rights enforcement. Earlier this month, the Justice Department issued a separate opinion challenging certain Equal Employment Opportunity Commission guidance related to workplace discrimination law.
Several disability advocacy groups have called on the administration to reverse the new interpretation, while legal experts said courts ultimately would determine the weight given to the opinion in future cases.
As of Sunday, no federal court had adopted the Justice Department’s new interpretation, and the underlying statutes and Supreme Court precedent remain in effect. Details on any further administrative action remain unclear.
