On March 13, 2006 U.S District Court Judge James Holderman granted class
action status in a lawsuit that charges the State of Illinois is violating the civil rights of people with developmental disabilities
by effectively forcing them into large institutions rather than offering them the choice of living in smaller community settings.
"This ruling means that thousands of Illinois residents, in addition to the nine
original plaintiffs, will benefit from any relief obtained in this lawsuit"said Barry Taylor of Equip for Equality, counsel
for the plaintffs. Equip for Equality is the federally- mandated protection and advocacy agency for persons with disabilities
in Illinois.
"The judge's decesion is an enormous step forward,"said Max Lapertosa, a lawyer with
Access Living and co-counsel in the suit. Access Living is Chicago's Center for Independent Living and works toward the full
equality, inclusion, and empowerment of people with disabilities. "People with developmental disabilities have the right to
choose to live in intergrated community settings that best fit their needs. And that choice must remain with them, not with
the State.
Seven years ago, the Supreme Court ruled that unnecessary institulization is discrimination
under the Americans with Disabilities Act. As a result, most states have invested in community-based housing and services,
but Illinois has dragged its feet. Illinois currently ranks 49th among states in its efforts to place people with developmental
disabilities in small integrated settings.
"The situation in Illinois is reminiscent of Henry Ford's saying Ýou can have any
color Model T you want, as long as it's black,"' said Benjamin Wolf of the American Civil Liberties Union of Illinois, co-counsel
in the case. Ïn Illinois, the State is essentially telling adults who are developmentally disabled they can live anywhere
they want as long as it is in an institution. The state's funding decesions have robbed people of any real choice about their
living situation."
Unde Judge Holderman's ruling, the plantiff class is now comprised of people with
developmental disabilities who are unnecessarily institutionalized in private state- funded institutions and those at risk
of unnecessary institutlization. The latter group includes those living with elderly parents who one day will no longer be
able to care for them at home. Now, Illinois gives them no choice but insitutionalized care.
Ultimately, plaintiffs in this case are seeking an order that would require the state
to provide them a choice to live within a smaller community setting. Community living provides more independence, privacy,
and integration in the community.
Ï want to live with friends in a small house or apartment and have my own room",
says plaintiff Stanley Ligas. Ï can do a lot of things on my own, and I want to be able to cook for myself." Instead Ligas
has been forced to live in a large institution for the past 12 years in order to receive Medicaid services, despite his repeated
requests to move into the community.
In his FY07 budget proposal, Governor Blagojevich failed to include any additional
funding for community-based services for people with developmental disabilities. Advocates view this lawsuit as the only viable
vehicle to achieve the State's compliance with federal law.
"Now that we've cleared this important legal hurdle, we're looking forward to litigrating
this case to make a positive changes in the lives of people with disabilities in Illinois". says John Grossbart, the
partner at Sonnenschien Nath & Rosenthal LLP leading the firms efforts.
The decesion granting class certification follows previous rulings by Judge
Holderman denying three Motions to Intervene filed by the Illinois Health Care Association, parents whose adult children
live at Misercordia, and parents who are affiliated with Voice of the Retarded. In denying the motions to intervene, Judge
Holderman found the plaintiffs'complaint was simply seeking to provide people with developmental disabilities oppertunities
to choose where they live.
The plaintiff'are represented by four public interest origanizations , Equip for
Equalty, Access Living, The American Civil Liberties Union of Illinois and the Public Interest Law Center of Philedelphia,
and the law firm Sonnenschein Nath & Rosenthal LLP, which is working in this case as trial counsel on a pro bono
basis.
The Suit involved is U.S. District Court, Northern Districtrict of Illinois, and
Chicago
Case No. 1-05-cv-4331
Ligas et al V Maram et al.
For more information contact:
John Grossbart, Sonnenschein Nath & Rosenthal LLP, 312-876-8095
