DAI v. Paterson: “Warehousing” Violates the ADA
Author: Dana Shilling, J. D..
Source: Volume 13, Number 02, July/August 2010 , pp.23-29(7)
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Abstract:
In September 2009, the Eastern District of New York ruled that the State of New York failed to meet its obligations to mentally ill citizens. The plaintiffs were 4,300 mentally ill persons who live in “adult homes” licensed and funded by the state. The court agreed with the plaintiffs: They were being warehoused and deprived of integration with the broader community—a requirement imposed by the Supreme Court in 1999. The lengthy decision (DAI v. Paterson, 598 F.Supp.2d 289 [E.D.N.Y. Sept. 8, 2009].) was written by Judge Nicholas Garaufis. This article traces the case’s evolution and summarizes the response to it and discussions about it and its implications in New York and other states. Judge Garaufis pointed to supported housing as a better alternative and a more integrated setting that improves the ability of residents to interact with nondisabled persons and manage their own lives and activities.Keywords: DAI; Disability Advocates Inc.; Olmstead v. L.C.; Judge Nicholas Garaufis
Affiliations:
1: Editor, Victimization of the Elderly and Disabled.