The Justice Department has declared that Nebraska is in violation of federal civil rights laws, due to the unnecessary segregation of individuals with serious mental illness (SMI) in assisted living and day program facilities. This segregation breaches the Americans with Disabilities Act (ADA) and the U.S. Supreme Court’s ruling in Olmstead v. L.C.
The department found that Nebraska restricts access to essential community-based services, which are crucial for people with SMI to live and work within their communities. Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division stated, “Far too often, people with mental health disabilities are institutionalized when they could succeed and thrive in the community.” She emphasized the need to stop directing individuals with disabilities towards institutionalization and unemployment, instead providing them with opportunities for independence and dignity.
U.S. Attorney Susan Lehr for the District of Nebraska also noted that by increasing investment in community-based services for Nebraskans with SMI, these individuals can become active members of their communities.
The ADA and Olmstead decision mandate states to offer services for people with disabilities in settings most suited to each individual's needs — such as their homes or workplaces. With appropriate services, people with SMI can live independently and secure employment where they work alongside others without disabilities.
However, rather than aiding Nebraskans with SMI in finding employment, Nebraska heavily relies on segregated day programs that group these individuals together in facilities. Many people with SMI spend years in these segregated programs without a clear path to employment or independent living.
While Nebraska does provide some services aimed at helping citizens with SMI find jobs and live independently, access to these community-based services is limited. As a result, many Nebraskans struggle to avail themselves of these services. The department recommends expanding access to existing community-based services so that people with SMI can receive necessary support.
The department has detailed its findings and proposed remedial measures in a letter to Nebraska Governor Jim Pillen.
For more information about the Civil Rights Division, visit www.justice.gov/crt. For details about the ADA, call the department’s toll-free ADA information line at 800-514-0301 (voice) or (TTY 833-610-1264) or visit www.ada.gov. ADA complaints can be filed online at www.ada.gov/complaint.