September 8, 2009

Disability Advocates, Inc. v. Paterson, et al. Memorandum & Order Setting Forth Findings of Fact & Conclusions of Law

A New York judge ruled that the state's reliance on privately run adult homes for people with mental illnesses violates the Americans with Disabilities Act by denying them the opportunity to receive services in the most integrated setting appropriate to their needs. The judge did not specify how rapidly the state will have to develop and fund housing alternatives, but the state was ordered to propose a remedial plan by October 23, 2009. The plaintiffs, Disability Advocates Inc., et al, will have the opportunity to review and respond to the state's proposal. The plaintiffs' response is due by November 8, 2009. The judge will consider the state's proposal and plaintiffs' response to the proposal before determining an injunctive remedy.