Supporting HOME COMMUNITY-BASED SERVICES
By Dawn Brunkalla
I never fully appreciated the importance of Section 504 of the Rehabilitation Act of 1973 (Section 504), the American with Disabilities Act (ADA), and Olmstead v. L.C (Olmstead) until we left the United States. My daughter, Elise, who happens to have Down syndrome, grew up included in her neighborhood schools, worked a real part-time job with support, volunteered, and was encouraged to build a life in her community. In Germany, we have encountered a system where many people with intellectual disabilities are still expected to spend their days in segregated workshops, with few opportunities to move into competitive employment or to fully participate in community life.
Living this contrast has made me realize that inclusion does not happen by accident. Inclusion happens because Americans fought for civil rights, and it is up to each generation to protect those rights.
Section 504, the ADA, and the Olmstead decision form the foundation of disability civil rights in the United States. Section 504 prohibits disability discrimination by programs receiving federal funding. The ADA extends those protections across public life, including employment, government services, and public accommodations. In Olmstead, the U.S. Supreme Court affirmed that people with disabilities have the right to receive services in the most integrated community setting appropriate to their needs. Together, these landmark protections have expanded access to education, employment, healthcare, transportation, and community living. Their promise, however, depends on strong enforcement and a continued public commitment to protecting the civil rights they guarantee.
It is not breaking news that the current administration and the Republican Party have not been strong allies of Americans with disabilities. There are concerns about recent actions by the U.S. Department of Justice that federal support for community-based services will be reduced. The department's Office of Legal Counsel issued an opinion rejecting the long-standing interpretation that Section 504, the ADA, and Olmstead require states to provide services in the most integrated setting appropriate to a person's needs. Then in July of this year, the Department announced it would no longer rely on its long-standing Olmstead enforcement guidance.
Although these actions do not change the law itself, it will weaken federal enforcement and make it more difficult to protect the rights of people with disabilities to live, work, and receive services in their communities rather than in institutions.
The right to live in the community does not mean much without the services that make community living possible. Medicaid is the primary source of funding for Home and Community-Based Services (HCBS), which help millions of people with disabilities live, work, and participate in their communities instead of being relegated to institutions. When Medicaid funding is reduced or access to these services is restricted, the promise of Olmstead becomes harder to fulfill.
Many disability advocates are also concerned about the 2025 federal budget, which is projected to reduce federal Medicaid spending by approximately 15 percent over the next decade while adding new restrictions and administrative requirements. These changes shift more financial responsibility to the states, forcing many to consider reducing Medicaid eligibility, cutting optional benefits and services, lowering provider reimbursement rates, or raising state taxes to maintain their Medicaid programs. Changes to Olmstead enforcement, combined with reductions in federal Medicaid funding, are a bellwether, an early warning that the future of community living and disability rights depend on decisions we make today.
Justin Dart Jr., the father of the ADA, dedicated his life to advancing disability rights and reminding us that passing a law is only the beginning. He famously said:
"Civil rights are not a guarantee of the good life, but an equal opportunity and responsibility to participate in producing the good life for oneself and for all. Government alone cannot implement ADA; this is a responsibility of all Americans." Justin Dart Jr., 1991
His words remain just as relevant today. Disability rights depend not only on strong laws like Section 504, the ADA, and Olmstead, but also on citizens like you who are willing to vote, and advocate to ensure those laws are fully enforced and adequately funded.
Our rights are not guaranteed simply because they are written into law. They endure because people defend them, enforce them, advocate for them, and vote to protect them.
Voting matters. Let's honor Justin Dart's legacy by defending disability rights with our voices, our advocacy, and our vote.
When I think about my daughter's future, I know that disability rights exist because Americans defend them, enforce them, and vote to protect them. Voting matters. For Elise, and for millions of Americans with disabilities, our vote helps determine whether the promise of inclusion, accessibility, and non-discrimination remains a reality for all now and in the future.