08/07/2026
IMPORTANT! INFO YOU NEED TO KNOW!
ATTENTION: All HCBS service providers
REGARDING: The U.S. Department of Justice/The Olmstead Act
TL; DR: The U.S. Department of Justice issued a concerning legal opinion that threatens to reverse the Olmstead Act, which helps people with disabilities fight for the supports they need to live at home and in their communities.
The DOJ is signaling that people with disabilities may have fewer federal tools to protect their right to live, work, learn, and spend time in the community.
__________________________________________________________
From the ARC https://thearc.org/about-us/mission-values/
Update (July 20, 2026): The concern we raised in this post is already becoming reality. The Department of Justice has now published a Federal Register notice saying it won’t rely on its longstanding Olmstead guidance when enforcing Title II of the ADA. The notice also says the Olmstead guidance and similar guidance documents are “not enforceable” and that the DOJ plans to revisit the guidance under a narrower reading of federal law. This doesn’t overturn Olmstead, the ADA, Section 504, or the integration mandate, but it’s another serious step away from federal enforcement of community living rights for people with disabilities.
On June 18, 2026, the U.S. Department of Justice issued a legal opinion that threatens one of the most important civil rights protections for people with disabilities: the right to live and receive services in the community, not be unnecessarily confined to institutions.
The opinion targets Olmstead v. L.C., the 1999 U.S. Supreme Court decision that recognized institutional isolation of people with disabilities as discrimination under the Americans with Disabilities Act (ADA). For more than 25 years, Olmstead has helped people with disabilities fight for the supports they need to live at home and in their communities.
This guidance isn’t a court decision. It doesn’t erase Olmstead or change Supreme Court precedent. It also doesn’t take away the ADA, Section 504, or the regulations that protect community living.
But it’s dangerous because rights mean less when the federal government refuses to enforce them. This guidance seeks to undermine one of the strongest protections people with disabilities have from being pushed into institutions when they can and want to live in the community. The DOJ itself acknowledges that this opinion is “out of step” with how federal courts have understood Olmstead.
For people with disabilities, this is about whether they can get services at home instead of being forced into a facility. It’s about whether children and adults with disabilities can stay connected to their family, friends, school, work, and community life. It’s about whether people have a meaningful way to protect their rights when a state or system says “no.”
“This guidance is a direct threat to decades of progress toward community living for people with disabilities which has always been at the heart of The Arc’s 75 years of advocacy,” said Shira Wakschlag, Senior Executive Officer of Legal Advocacy and General Counsel at The Arc of the United States. “Olmstead remains the law of the land, but this opinion tells people with disabilities that the federal government seeks to attack one of their most basic civil rights. People with disabilities shouldn’t be forced into institutions because a state refuses to provide services in the community. The Arc will keep fighting to protect Olmstead, Section 504, the ADA, and the right to live in the community.”
This is confusing and upsetting news, but it’s important to understand what has changed and what hasn’t. Here’s what people with disabilities, families, and advocates need to know right now:
-Olmstead is still Supreme Court precedent
-The ADA and Section 504 are still law
-The integration mandate still exists in federal regulations
-People’s rights have not disappeared
THE LOOMING DANGER ZONE:
The federal government is taking steps to pull back from enforcing key protections for community living
People with disabilities and advocates must stay alert, organized, and ready to push back
DOJ Is Now Pulling Back From Olmstead Guidance
On July 20, 2026, the DOJ published a Federal Register notice saying it will no longer rely on its longstanding Olmstead guidance when enforcing Title II of the ADA. That guidance helped explain when states may violate the ADA by unnecessarily segregating people with disabilities or putting them at serious risk of institutionalization.
The DOJ now says the Olmstead guidance and similar guidance documents aren’t enforceable and that they will revisit the guidance under a narrower reading of federal law. Guidance doesn’t create new legal duties by itself. But it matters because it shows how the federal government understands and enforces the law. The DOJ is signaling that people with disabilities may have fewer federal tools to protect their right to live, work, learn, and spend time in the community.
This announcement follows the DOJ’s June opinion and broader attacks on Olmstead, Section 504, the ADA, and the rights and supports people with disabilities rely on.
This isn’t the end of Olmstead. It’s the start of a new fight to protect it.
Disability rights aren’t always weakened through one big repeal. Sometimes they’re weakened through legal memos, withdrawn guidance, reduced enforcement, and regulations that get rolled back. That’s why this opinion and notice matter.
Olmstead began with two women, Lois Curtis and Elaine Wilson, who were held in a Georgia state hospital even after professionals said they could live in the community. Their case helped affirm a basic truth: people with disabilities shouldn’t have to live in institutions just to receive services.
For The Arc, this fight isn’t new. Our movement was built by families and people with disabilities who rejected institutionalization and demanded the right to live, learn, work, and belong in the community. Today, that fight continues in courtrooms, in Congress, in federal agencies, in state capitols, and through our 549 chapters across the country.
The DOJ opinion and notice also come as disability rights are being challenged from multiple directions, including lawsuits and policy efforts that seek to weaken Section 504, the ADA, and the integration mandate. The Arc is monitoring these threats closely, including Texas v. Kennedy, and will continue working with legal partners, chapters, and advocates to protect community living from every angle.
Community living is a civil right won by people with disabilities, families, and advocates who fought segregation for generations. People with disabilities belong in their communities, with the services and supports they need to live the lives they choose. The Arc will keep using every tool we have to protect that right.
DOJ Olmstead Opinion FAQ: What It Means for Disability Rights and Community Living -
What did the DOJ say in the July 2026 notice on Olmstead guidance?
The DOJ said it will no longer rely on its Olmstead guidance when enforcing Title II of the ADA. The notice also says the guidance isn’t enforceable and that the DOJ plans to revisit it under a narrower view of the law. Olmstead is still the law, but federal enforcement is being pulled back.
Does the DOJ opinion or Federal Register notice overturn Olmstead?
No, their June 2026 opinion or July 2026 Federal Register notice aren’t court decisions. They don’t overturn Olmstead v. L.C. or change Supreme Court precedent. The ADA, Section 504, and the integration mandate still exist. But these signals are dangerous because they say the federal government may stop enforcing one of the strongest protections people with disabilities have against unnecessary institutionalization.
Is Olmstead still the law?
Yes, Olmstead is still the law. For 27 years, it has helped protect the right of people with disabilities to live and receive services in the community instead of being unnecessarily separated in institutions.
What is the integration mandate?
The integration mandate requires services to be provided in the most integrated setting appropriate. It helps protect the right of people with disabilities to live and get services in the community, not be forced into institutions when they can and want to live in the community.
-What does the DOJ Olmstead opinion and Federal Register notice mean for people with disabilities?
Right now, people’s rights haven’t disappeared. But the federal government seeks to undermine one of the key protections for community living. That could make it harder for people with disabilities to get help from the federal government when they are denied services at home, pushed toward institutional care, or separated from community life.
-Can people with disabilities still bring Olmstead claims?
Yes, people with disabilities can still bring Olmstead claims. The DOJ’s June 2026 opinion or July 2026 Federal Register notice don’t erase the ADA, Section 504, or the right to challenge unnecessary institutionalization. But if the federal government steps back from enforcement, people with disabilities and advocates may have to rely more heavily on private lawsuits, state advocacy, and disability rights organizations to protect these rights.
_______________________________________________________________
ALL care provider owners and operators need to be aware of this attempt by the government to take away long-established civil rights, and how these actions will affect your business models.
If you are concerned with the future of your residential care business, you need to understand your options, and start NOW on planning "tilt and adjust" strategies that can be vital to the survival of your business in the future.
If you want guidance with developing new strategic goals in preparation for possibly big changes, please reach out to us. We want to see you thrive, not just survive.
Learn about The Arc's core values and our mission to promote and protect the human rights of people with intellectual and developmental disabilities.
