Published June 23, 2026
What is Olmstead?
Olmstead refers to Olmstead v. L.C., a Supreme Court case that said people with disabilities have the right to receive services in the community. This case was brought to the Supreme Court by Lois Curtis and Elaine Wilson, two women with intellectual and mental health disabilities who lived in a state-run institution in Georgia. Although their treatment professionals had said that both women could receive care in community-based programs, they stayed institutionalized. In June 1999, the Supreme Court announced a decision in Olmstead v. L.C. and said that people with disabilities should not be forced to live in institutions if they can be safely supported and receive services in the community. The Court also ruled that unnecessary institutionalization is discrimination under Title II of the Americans with Disabilities Act (ADA).
Why is Olmstead important to people with disabilities?
The Olmstead decision is important because it said that segregating, or separating, people with disabilities from the community is a form of discrimination. This decision has helped people with Down syndrome and other disabilities live, work, go to school, and be active in society alongside their peers.
What is the integration mandate?
The integration mandate is a part of disability civil rights laws like the ADA and Section 504 of the Rehabilitation Act (Section 504) that says public systems must provide services in the most integrated setting appropriate. This means people with disabilities must receive services in the community, not in institutions, when community-based support can meet their needs. The Olmstead decision clarified and upheld this important requirement.
Recent Department of Justice legal memorandum on community integration
On June 18, 2026, the Department of Justice (DOJ) Office of Legal Counsel (OLC) released a memo responding to questions from lawyers at the White House about community integration and Olmstead. OLC advises the White House and federal agencies on what laws mean and how they should be interpreted and enforced. In this memo, OLC says that neither the ADA nor Section 504 requires states to provide services to people with disabilities in the most integrated setting appropriate to their needs. This memo goes against how the Olmstead decision has been widely understood for years. It has been understood to mean that people with disabilities have the right, under the ADA and Section 504, to receive services in the most integrated setting appropriate, including in community-based settings when that is possible.
What does the DOJ memo mean for individuals with Down syndrome?
The DOJ memo does not change the law. The ADA, Section 504, and the Olmstead decision are still in place. However, the memo shows that the federal government may be less likely to enforce these laws from now on when it comes to protections for community living. Community living is essential in helping individuals with Down syndrome thrive, and NDSS will continue to protect the legal right that individuals with disabilities have to receive services and live alongside their peers.
What is NDSS doing?
Our team is working to learn more about how this legal memo will affect the enforcement of laws by the federal government. Our work to ensure full community integration will continue by advocating to improve access to home and community-based services, high-quality special education, competitive integrated employment, and more.
Resources
Definitions to Know
Supreme Court: The Supreme Court is the highest court in the United States. It makes final decisions about important questions involving laws and people's rights. Its decisions affect people across the country.
Services: Programs and supports that help people with disabilities live, learn, work, and participate in their communities. Examples include health care, personal care assistance, employment supports, transportation, and educational services.
Discrimination: Treating someone unfairly or denying them opportunities, services, or rights because of who they are, including because they have a disability.
Institution: A place where people live and receive care or support services, often away from their families and communities.
Enforce: To make sure a law, rule, or policy is followed and to take action when it is not.
Community integration: The idea that people with disabilities should be able to live, work, learn, and participate in their communities alongside people without disabilities.
