We deserve freedom, not a do-nothing resolution.

By Bruce Darling

H.Res. 1586 is being promoted online as a response to the threat to Olmstead. It is not. It is a nonbinding House resolution. It changes no law. It funds no services. It stops no one from being institutionalized. Worse, the resolution’s language reaffirms ableist ideas in Olmstead that have kept Disabled people locked away for decades.

The language in H.Res. 1586 is ableist and inconsistent with Disability Justice

“Unjustified institutionalization.” The resolution praises Olmstead for ending “unjustified” institutionalization and segregation. That implies some institutionalization and segregation of Disabled people is justified. And under Olmstead, state budgets are routinely used as the justification for institutionalizing us. No Disabled person should be institutionalized against their will. Period.

“Qualified individuals with disabilities.” Under Olmstead, treating professionals decide who is “qualified” for community life. People with the highest support needs are the ones most often ruled out. People with mental health disabilities are frequently targeted as well, and Disabled people of color are more likely to be denied services and institutionalized. Freedom should not depend on passing someone else’s test.

“Workers, entrepreneurs, consumers, taxpayers.” The resolution argues that community living matters because Disabled people can work, pay taxes, and save public money. But freedom is a right, not a reward for productivity in a capitalist society. That framing leaves out people who cannot or do not work. And the moment that community services cost more than an institution, the cost argument turns against those of us with the most significant disabilities.

Credit without commitment

H.Res. 1586 lets members of Congress look like they support our right to live in freedom without actually doing anything. A cosponsor can put out a press release, post on social media, and claim to stand with the Disability Community. None of it moves a single person out of a nursing facility or institution.

Worse, H.Res. 1586 undermines the Disabled activists who are directly impacted by this issue and have fought to FREE OUR PEOPLE for decades and continue that fight. For the last six years, they have been on the Hill every day Congress is in session, working for binding protection. A symbolic resolution hands offices an easy way out of that demand. It lets members of Congress claim they acted on Olmstead and support Disability Freedom when they have not.

Real protection: the Latonya Reeves Freedom Act

The Latonya Reeves Freedom Act (H.R. 9401 / S. 4865) would write Olmstead’s promise into enforceable civil rights law, eliminate the ableism embedded in Supreme Court decision, and strengthen the protections.

No “qualified” gate. Anyone eligible for an institution must be offered services in the community instead.

No budget excuses. Cost caps, service caps, and waiting lists are treated as discrimination.

No productivity test. LRFA protects the right to live a full life — including relationships, parenting, pets, and community life — not just work or services provided under medical necessity.

No fundamental alteration defense. States must provide the services people need, even if they don’t provide them today.

No insurance company exemption. They aren’t covered under Olmstead, and they lock us away without consequences. LRFA changes that.

No forced segregation. States cannot require people to use day services in congregate or disability-specific settings.

Real enforcement. Disabled people can sue, and states and insurance companies must file transition plans with yearly targets.

We should not negotiate against ourselves

We don’t need to water down our demands to get Republican support. Eight Republicans are already cosponsors of the Latonya Reeves Freedom Act, which was crafted with Republicans from the start and has had notable Republican support throughout. We can build on that instead of pouring the limited energy our community has into a legislative effort that won’t result in any real change.

The fact that this is being heavily promoted as a solution suggests that the national coalition intended to “Defend Community Integration” isn’t willing to fight for real Disability Freedom, but we are.

Join the fight for Disability Freedom and FREE OUR PEOPLE! NOW!
https://myfreedomact.org