skip to main content
skip to newscasts

Sunday, April 21, 2024

Public News Service Logo
facebook instagram linkedin reddit youtube twitter
view newscast page
play newscast audioPlay

Tribal advocates keep up legal pressure for fair political maps; 12-member jury sworn in for Trump's historic criminal trial; the importance of healthcare decision planning; and a debt dilemma: poll shows how many people wrestle with college costs.

view newscast page
play newscast audioPlay

Civil rights activists say a court ruling could end the right to protest in three southern states, a federal judge lets January 6th lawsuits proceed against former President Trump, and police arrest dozens at a Columbia University Gaza protest.

view newscast page
play newscast audioPlay

Rural Wyoming needs more vocational teachers to sustain its workforce pipeline, Ohio environmental advocates fear harm from a proposal to open 40-thousand forest acres to fracking and rural communities build bike trail systems to promote nature, boost the economy.

Missourians Segregated Due to Disability May Have Discrimination Claims

play audio
Play

Tuesday, August 22, 2023   

In Missouri and around the country, people with disabilities are living in institutions who could successfully live in the community with the right support. According to the 1990 Americans with Disabilities Act, they may even be victims of discrimination.

Attorney M. Geron Gadd, senior attorney, National Health Law Program, said the U.S. Department of Health and Human Services "revitalizing" enforcement of the ADA and the Olmstead decision shows people are still experiencing this type of discrimination, and they have the right to seek legal recourse.

"For people with a range of disabilities, there is a legal mechanism under federal law that entitles them to be served in their homes and in other community-based settings, rather than essentially being locked away in institutions," Gadd said.

The Supreme Court's 1999 Olmstead decision affirmed the ADA requires people with disabilities to be served in the most integrated setting appropriate for them. The individual, a family member or another concerned person may file a discrimination claim. Gadd pointed out that every state is required to have an advocacy organization to provide legal assistance for people with disabilities. In Missouri, it is the Missouri Protection and Advocacy Services.

Gadd added another important consequence of the Olmstead decision is the clarification that a person does not have to already be institutionalized to file a discrimination claim.

"If you're at risk of an unnecessary institutionalization, then you can take action under the ADA to obtain the services in the most integrated setting appropriate to your needs," Gadd continued.

And she stressed that states claiming they cannot afford community-based services doesn't exempt them from this requirement under the ADA.

When Missourian Diana Willard was young, some told her parents she should be institutionalized when she tested as developmentally disabled. Instead, her family helped her thrive. Willard became a certified nursing assistant, worked full-time for years and served on the Missouri Developmental Disabilities Council. She encouraged parents of children with developmental and intellectual disabilities to not hold them back.

"People with developmental disabilities have the right to live a life to the fullest extent that they can. As they grow up, they need to be allowed to transition into adulthood," Willard said.

Discrimination claims can also be filed with the Office for Civil Rights at the U.S. Department of Health and Human Services.


get more stories like this via email
more stories
The Bureau of Land Management's newly issued Public Lands Rule is designed to safeguard cultural resources such as New Mexico's Chaco Culture National Park. (Photo courtesy SallyPaez)

Environment

play sound

Balancing the needs of the many with those who have traditionally reaped benefits from public lands is behind a new rule issued Thursday by the Bureau…


Health and Wellness

play sound

Alzheimer's disease is the eighth-leading cause of death in Pennsylvania. A documentary on the topic debuts Saturday in Pittsburgh. "Remember Me: …

Social Issues

play sound

April is Financial Literacy Month, when the focus is on learning smart money habits but also how to protect yourself from fraud. One problem on the …


Outdoor recreation added $11.7 million to the Arizona economy in 2022, according to the U.S. Bureau of Economic Analysis. (Adobe Stock)

Environment

play sound

Arizona conservation groups and sportsmen alike say they're pleased the Bureau of Land Management will now recognize conservation as an integral part …

play sound

Across the U.S., most political boundaries tied to the 2020 Census have been in place for a while, but a national project on map fairness for …

The 2023 Annie E. Casey Foundation Data Book ranked Arkansas 37th in the nation for education, and said 56% of young children were not in preschool programs to help get them ready for school. (Adobe Stock)

Social Issues

play sound

The need for child care and early learning is critical, especially in rural Arkansas. One nonprofit is working to fill those gaps by giving providers …

Environment

play sound

An annual march for farmworkers' rights is being held Sunday in northwest Washington. This year, marchers are focusing on the conditions for local …

Social Issues

play sound

A new Gallup and Lumina Foundation poll unveils a concerning reality: Hoosiers may lack clarity about the true cost of higher education. The survey …

 

Phone: 303.448.9105 Toll Free: 888.891.9416 Fax: 208.247.1830 Your trusted member- and audience-supported news source since 1996 Copyright 2021