by Jonathan ZIMRING, guardian ad litem and next friend, et al.
Date, Location, Cite: 1999 GA
119S. Ct. 2176
US SUPREME COURT
L.C. and E.W. are retarded women at GA Regional Hospital in Atlanta (GRH) Their
treatment teams decided they were ready to go to community programs, but they stayed in
GRH. They sued, saying discrimination under ADA kept them there. The District Ct. agreed,
saying "unnecessary institutional segregation constitutes segregation per se, [and]
cannot be justified by lack of funding." The 11th Circuit waffled, and the Supreme Ct
did even more, finally saying firmly that movement to the community MUST be done,
"taking into account the resources available to the states and the needs of others
with mental illness."
My editorial comment is that the Higher Courts keep backing away from forcing the States
to adequately fund mental health... this is the same as Wyatt and O'Connor, where the
Supreme would NOT say the committed have a RIGHT to treatment, as they certainly do. SO
they remain 2nd class citizens, in spite of this hollow 'victory.'