On June 22, 1999, the United States Supreme Court held in Olmstead v. L.C. that unjustified isolation of individuals with disabilities is properly regarded as discrimination based on disability. The Court found that unjustified institutional segregation amounts to discrimination because it perpetuates unwarranted assumptions that people with disabilities are incapable or unworthy or participating in community life. Moreover, the Court found that confinement in an institution also severely curtails everyday life activities, such as family relations, social contacts, work, educational advancement and cultural enrichment.
All states have already begun moving in the direction of providing more services in community-based settings. Georgia, however, lags far begind other states in its efforts in this area. More than 5,500 Georgians with significant disabilities currently need help to either stay out of institutions or get out of institutions; some of these individuals have been waiting for more than 10 years for appropriate services. Georgia is currently 45th in national rankings in the proportion of state dollars that are allocated to funding disability services.
In May of 2001, the Georgia Advocacy Office and three other advocacy organizations filed a complaint with the U.S. Office of Civil Rights (OCR). The complaint alleged that Georgia had failed in its obligation under Olmstead with respect to its citizens in institutions and nursing homes. Highlighting the plight of 12 named individuals, the complaint asks that OCR investigate current State policies and procedures that have resulted in continued institutionalization of thousands of persons with disabilities. Mediated discussions between the State and the advocacy coalition ensued, resulting in some initial progress in identifying residents of institutions who are eligible for community services under the Olmstead criteria. Progress stalled, however, as the State insisted that only the Legislature has the legal and budgetary power to make changes in the status quo. The attempt to mediate the dispute subsequently ceased, and OCR is now engaged in completing its investigation of Georgia's Olmstead compliance.
In recognition of the 5th Anniversary of the Olmstead Decision the Long Road Home Campaign organized a series of events. The Macon Telegraph covered the first of these events in a feature article on Sunday June 20th.