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U.S. settles with Georgia in ADA suit

mark handler

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U.S. settles with Georgia in ADA suit

Oct. 19, 2010

http://www.upi.com/Top_News/US/2010/10/19/US-settles-with-Georgia-in-ADA-suit/UPI-76221287511802/

ATLANTA, Oct. 19 (UPI) -- The U.S. Justice Department said Tuesday it has settled a suit against Georgia alleging unlawful segregation of the disabled.

In a statement, the department said the agreement will transform the state's mental health and developmental disabilities, and resolves alleged segregation of individuals with mental illness and developmental disabilities in the state's psychiatric hospitals in violation of the U.S. Americans with Disabilities Act and the Supreme Court's landmark 1999 decision in Olmstead vs. L.C.

A federal court in Atlanta retains jurisdiction to enforce the settlement, which supersedes a 2008 agreement between the state and the Department of Health and Human Services.

In 1999's Olmstead vs. L.C., the Supreme Court found that one of Georgia's state hospitals was violating the ADA by segregating two individuals with disabilities in that hospital when they could have been served in more integrated settings. The Supreme Court ordered states to serve individuals with disabilities in the most integrated settings appropriate to their needs.

"The Olmstead decision strongly affirmed that people with disabilities have a right to live and receive services in the most integrated setting appropriate for them as individuals," Thomas Perez, assistant attorney general for civil rights, said in the statement. "Under this agreement, the state of Georgia will provide services in the community to hundreds of people with developmental disabilities and thousands of people with mental illness. The promises of the ADA and Olmstead will finally become a reality for individuals in Georgia with mental illness and developmental disabilities."
 
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