Defending the Right to Community Living: The Impact of the DOJ Memo on Disability Rights
The right of people with disabilities to live in the community is being threatened now more than ever before, thanks, in part, to a memo issued by the U.S. Department of Justice (DOJ) on June 18th, 2026.
Community Living is a right that was officially secured for people with disabilities on June 22nd, 1999, through the Olmstead Decision.
Background of the Decision and Its impact
The Olmstead decision is a landmark U.S. Supreme Court ruling confirming that putting people with disabilities in institutions when it is not necessary is a separation that is against the law and a form of discrimination under the Americans with Disabilities Act (ADA), per ADA.gov.
Lois Curtis and Elaine Wilson, two women with intellectual and mental health disabilities from Georgia, were confined to a state psychiatric hospital despite medical professionals confirming they were ready to transition to community-based programs.
According to OlmsteadRights.org, Lois and Elaine’s case eventually made all the way to the Supreme Court. Justice Ruth Bader Ginsburg authored and championed a ruling that stated Community placement is required under the following conditions:
1.Treatment professionals determine community care is appropriate.
2. The affected person does not oppose it.
3. The placement can be reasonably accommodated, given the state’s available resources and the needs of others.
The decision confirmed that individuals with disabilities have the right to live, work, and receive support in their local communities rather than being isolated in institutions, like nursing homes or psychiatric facilities. In short, the ruling upheld what laws like the ADA and Section 504 of the Rehabilitation Act say, which is that people with disabilities must be integrated into society.
The DOJ Memo and Its Meaning
On June 18, 2026, just days prior to the 27th anniversary of the Decision, the Department of Justice (DOJ) Office of Legal Counsel (OLC) released a memo responding to questions from lawyers at the White House about community integration and Olmstead. OLC advises the White House and federal agencies on what laws mean and how they should be interpreted and enforced, according to www.justice.gov
In the memo, as reported by the National Down Syndrome Society, OLC stated that neither the ADA nor Section 504 requires states to provide services to people with disabilities in the most integrated setting appropriate to their needs.
Advocates have been very upset by this because the memo goes against how the Olmstead decision has been widely understood for years. It has been understood to mean that people with disabilities have the right, under the ADA and Section 504, to receive services in the most integrated setting appropriate, including in community-based settings when that is possible.
What Does the DOJ Memo Mean for Individuals with Disabilities?
According to a statement by American Civil Liberties Union, The DOJ memo does not change the law. The ADA, Section 504, and the Olmstead decision are still in place. However, the memo shows that the federal government may be less likely to enforce these laws from now on when it comes to protections for community living. Community living is essential in helping individuals with disabilities to thrive. We must do what we can to protect our right to continue living in the community of our choice.
How Can Advocates Protect Community Living?
Advocate for yourself and others by doing the following:
Share personal stories with lawmakers to humanize the impact of Medicaid, home-care funding, and housing programs.
To contact your federal legislators, first identify your specific U.S. Representative using the House Member Finder and your two U.S. Senators via the Senate Directory. Elected officials prioritize constituents, so reach out directly to the offices representing your specific address.
1. By Phone (Fastest Method)
- Capitol Switchboard: Call (202) 224-3121 to be connected directly to the office of any Senator or Representative.
- Local Offices: Look up the direct number for their district or state field offices. These often have lower call volumes and connect you faster to local staff.
- What to expect: A staffer or intern will answer, verify you are a constituent by asking for your address, and log your stance on a specific bill or issue.
2. Online Web Forms (Best for Detailed Input)
- Representatives: Visit [LastName].house.gov or use the House Directory and navigate to the “Contact” or “Share Your Opinion” page.
- Senators: Visit their official websites via the Senate Directory to access their secure email contact forms.
- What to expect: You will need to fill out your full address and zip code to prove residency.
3. By Mail
- U.S. House of Representatives:
The Honorable [Representative’s Name]
U.S. House of Representatives
Washington, DC 20515 - U.S. Senate:
The Honorable [Senator’s Name]
Washington, DC 20510
To contact your state legislators in Ohio, enter your home address on the Ohio Legislature District Maps page to identify your specific Representative and Senator. Once identified, reach out via phone, email, or physical mail.
Submit public comments and testify at local or state hearings regarding proposed budget cuts to community-based services.
Vote and mobilize others to the polls to protect independent living legislation.
Community living is not just a legal right, but a fundamental aspect of dignity and freedom for people with disabilities. It allows individuals to thrive, contribute to society, and live life to the fullest.
As we continue to be faced with that idea being challenged, it is important to continue the dialogue, share stories, and stand united in the fight for equal rights. By taking action, from advocating with lawmakers to participating in public forums and voting, we can influence change and protect the hard-won rights of individuals with disabilities.