Federal Court Issues Landmark Civil Rights Judgement for People With Disabilities

WASHINGTON—The U.S. District Court for the District of Columbia issued a judgment in the class action case Brown et al v. District of Columbia, which found the district has violated the rights of its residents with disabilities under the Americans with Disabilities Act (ADA). The court’s decision followed a 2021 trial, in which the plaintiffs proved the district failed to inform local nursing facility residents that they could leave nursing facilities and receive home health services in their communities. Additionally, the district government failed to help local nursing facility residents access community-based services and housing options needed to transition back to the community. 

“Today’s ruling affirms the right of thousands of people with disabilities to choose how and where they live,” said Kelly Bagby, VP of litigation at AARP Foundation. “For far too long, thousands of people forced to live in D.C. nursing homes were denied this right. Today, people with disabilities around the country are applauding the court’s recognition of their civil rights.”    

The court recognized that individuals living in nursing facilities often need help learning about and applying for available community services to help them transition to their own homes. Under the “integration mandate” of the ADA, state and local governments must provide community-based services to people with disabilities, whenever possible. Additionally, the court found that in order for individuals with disabilities who are institutionalized in nursing facilities to benefit from the integration mandate, they need governmental entities to provide them with information and assistance.   

“Judge Friedman has let the District of Columbia know in clear terms that it cannot rely on nursing facilities, but rather, the district itself must provide effective transition assistance to help residents of nursing facilities move out of the institutions and receive their Medicaid services in the community,” said Kathleen L. Millian of Terris, Pravlik & Millian LLP.