DRN Files Lawsuit on Behalf of Individuals Residing in State Operated Mental Retardation Institutions in Pennsylvania
DRN Files Lawsuit on Behalf of Individuals Residing in State Operated Mental Retardation Institutions in Pennsylvania
Today, June 22, the Disability Rights Network of Pennsylvania (DRN) filed a federal lawsuit on behalf of a class of approximately 1,250 individuals residing at the five state-operated mental retardation institutions in Pennsylvania. The lawsuit, Benjamin v. Dep't of Public Welfare, alleges that DPW violates the integration mandates of the Americans with Disabilities Act and Rehabilitation Act by failing to provide community supports and services to those class members who are appropriate for such services. The lawsuit also alleges that DPW violates those statutes by using discriminatory methods of administration to keep class members unnecessarily institutionalized, including: failing to effectively assess class members to determine what community supports and services they need; failing to place class members on the emergency waiting list; failing to assure that class members have access to effective supports coordination services; and failing to develop and implement a viable integration plan with concrete benchmarks and timelines within which community alternatives will be offered. DRN is seeking declaratory and injunctive relief on behalf of the class members.
Ten years ago, on June 22, 1999, the United States Supreme Court issued its landmark decision in Olmstead v. L.C., ruling that unnecessary institutionalization discriminates against those denied appropriate community services. The Benjamin suit filed today seeks to assure that the residents of Pennsylvania's state-operated mental retardation institutions receive the rights granted by the Olmstead decision a decade ago.
A copy of the Complaint in Benjamin v. Dep't of Public Welfare can be found here.