Our brief update on what we've worked on this month and what's ahead. |
|
The Monthly Briefing May 2024 |
|
At the Bazelon Center, we continue to advance the civil rights of people with mental disabilities through cutting-edge litigation, a progressive policy agenda, and public education.
This month, we marked advancements in each of these areas. In the courts, we won an important victory against Brown University in an ongoing mental health discrimination case, and obtained a permanent order for a hospital in California to allow a service dog to enter and accompany its handler during in-patient treatment. In federal policy, we celebrated the new HHS Section 504Rule that updates and strengthens civil rights protections for people with disabilities in federally funded programs, and incorporated many of our recommendations about community integration. We also saw additional rules published this month that our advocacy helped shape, including on improved access to Medicaid services and expanded protections for nondiscrimination in health programs and services. To increase public understanding of critical issues for advancing equal access and community integration, we hosted webinars on Inclusive Education for K-12 Students with Mental Health Disabilities and How People with Lived Experience Make Mental Health Crisis Services More Effective. These informative and impactful webinars uplifted the work, experience, and voices of people with lived expertise and reached a wide audience including advocates, people with lived experience, impacted communities, stakeholders, government officials, and policymakers.
This year we mark the 25th anniversary of the Supreme Court’s landmark decision in Olmstead v. L.C. (Lois Curtis) holding that unnecessary institutionalization of people with disabilities is discrimination in violation of federal civil rights laws. The panel will feature youth with lived expertise, as well as advocates and other experts who have spent decades advocating for community-based services for youth with mental disabilities and their families. Don’t miss it!
Thank you for your ongoing support. It is critical to our work. |
|
Bazelon Wins Victory in Mental Health Discrimination Case Against Brown University
On May 9, a federal court in Rhode Island delivered a clear victory for the Plaintiff in Jane Doe v. Brown University, a mental health discrimination case seeking reasonable accommodations for a medical school student who needed a leave of absence to get treatment for her newly diagnosed ADHD before completing her final year of medical school. Brown denied her requested accommodation and instead dismissed her from medical school after years of academic excellence, in violation of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and state law.
After a failed attempt to get the case dismissed in 2020, Brown filed a Motion for Summary Judgment in December 2023 again asking the court to dismiss Jane Doe’s case and find that Brown’s failure to accommodate her was permitted under the law. Earlier this year, Bazelon Center Legal Director Megan Schuller and co-counsel Jeffrey B. Pine of the law firm Lynch & Pine argued the motion before Chief Judge John J. McConnell, Jr. and a group of about 100 students and professors at Roger Williams University School of Law in Rhode Island. Bazelon argued that the facts show Brown violated the law and discriminated against Jane by denying her a medical leave of absence.
Earlier this month, the U.S. district court for the district of Rhode Island ruled in the student’s favor, denying Brown’s motion on all six legal claims and ordering the case to trial so Jane can have her day in court. |
|
Court Awards Permanent Injunction Ensuring Hospital Provides Service Dog Access in Bazelon Center Case
On May 6, a California federal court entered a permanent injunction in C.L. v. Del Amo Hospital, requiring Del Amo Hospital National Treatment Center in California to allow a psychiatric service dog to accompany its handler, C.L., for in-patient treatment. Plaintiff C.L. is represented by the Bazelon Center, Disability Rights Legal Center, and the law firm Derby, McGuinness & Goldsmith, LLP in the case, which challenges the Del Amo Hospital’s decision to deny the admission of a psychiatric service dog.
Earlier this month, the U.S. district court for the Central District of California held that C.L. had established that the hospital had discriminated against her, in violation of Title III of the Americans with Disabilities Act (ADA), and granted injunctive relief. Title III of the ADA prohibits discrimination in “places of public accommodation,” including hospitals. Discrimination includes denying access to a service dog. The court’s order delivered a decisive victory to C.L. and will ensure that C.L. can return to the hospital for treatment accompanied by her service dog.
Bazelon and co-counsel previously won a precedent-setting appellate victory when the case was appealed to the U.S. Court of Appeals for the Ninth Circuit. The district court had erroneously ruled for the hospital on the basis that Plaintiff’s dog was not a service animal because it had not been formally “certified” as such. The Ninth Circuit ruled that formal certification is not required of service dogs, overturning the district court judgment. This unanimous ruling was the first appellate court decision in the United States to address certification requirements for service dogs. |
|
ADVANCEMENTS IN FEDERAL POLICY |
|
Bazelon Center Celebrates Critical Civil Rights Protections for People with Disabilities in New HHS Rule Implementing Section 504 of the Rehabilitation Act
The rule updates and strengthens the lead regulation implementing Section 504 of the Rehabilitation Act of 1973, a federal law that prohibits disability-based discrimination in federally funded health and human service programs and activities, including in healthcare and child welfare programs. The HHS Section 504 rule incorporates the U.S. Supreme Court’s ruling in Olmstead v. L.C. (Lois Curtis) that people with disabilities have a right to live and receive services in their homes and community and to be free from segregation and unnecessary institutionalization. It also explains how this mandate applies in the child welfare system.
“HHS’ new Section 504 rule updates and clarifies federal disability rights regulations that had not been updated since the 1970s,” explained Bazelon Legal Director Megan Schuller. “The new rule is an important step towards realizing the promise of these laws to eradicate disability discrimination in all its forms, including the continued isolation and unnecessary institutionalization of people with mental disabilities.”
Last fall, the Bazelon Center co-authored coalition comments with members of the Consortium for Constituents with Disabilities (CCD) that responded to HHS’ then-proposed Section 504 rule. The comments included key Bazelon Center priorities. Bazelon led coalition efforts to ensure the full integration of people with disabilities in the community and to advance the rights of children and parents with disabilities in the child welfare system. We are pleased to see our recommendations reflected in the rule, including providing a broad definition of “most integrated setting” and affirming that both adults and children with disabilities must be supported to live in the most integrated setting, which is almost always in their homes and communities.
|
|
PUBLIC EDUCATION & TECHNICAL ASSISTANCE |
|
Bazelon Center Hosts the SAMHSA Sponsored Webinar: “Serving Our Communities: How People with Lived Experience Make Mental Health Crisis Services More Effective”
On May 13, the Bazelon Center for Mental Health Law hosted a SAMHSA-sponsored webinar, Serving Our Communities: How People with Lived Experience Make Mental Health Crisis Services More Effective. This webinar featured an interactive panel discussion with three successful examples of peer-led and peer-involved mental health crisis service programs that are serving communities across the country: Trans Lifeline, Brownsville In Violence Out, and People USA.
Among the programs developed to date, the evidence is clear: when communities center peer-led mental health responses, people with mental health disabilities are less likely to be admitted to emergency rooms and hospitals; more likely to engage with community-based services and to feel empowered and hopeful; and less likely to be institutionalized, incarcerated, or need crisis services in the future.
|
|
Image Description: Circular image with a graphic of legal scales in the center that reads "Olmstead v. L.C. (Lois Curtis)" in blue ink and "Since 1999 - 25 Years" in red ink |
Wednesday, June 12, 2024 3:30 pm - 5:00 pm ET *Free Virtual Event - on Microsoft Teams*
Join us for a virtual panel, Olmstead v. L.C. (Lois Curtis) at 25: Advocating for Community-Based Services for Children with Mental Disabilities, as we celebrate the 25th anniversary of this landmark Supreme Court decision with legal experts, advocates, policy makers and mental health professionals. We will reflect on accomplishments, lessons learned and the future of Olmstead-related legal advocacy to achieve full community integration for youth with disabilities supported by the home- and community-based services and supports they and their families need to succeed. We will also celebrate the lives and legacies of plaintiffs Lois Curtis and Elaine Wilson and all who fight to live outside of institutions and to live full lives in their communities.
Featured Speakers Include:
Welcome & Opening Remarks - Megan Schuller, Legal Director, Bazelon Center for Mental Health Law
Moderator - Jalyn Radziminski, Founder & President, Count US IN; Director of Engagement, Bazelon Center (until February 2024)
Keynote - Alison Barkoff, Principal Deputy Administrator, Administration for Community Living (ACL), performing the duties of the ACL Administrator and Assistant Secretary for Aging
Panelists - Kimm Campbell, LCSW, Deputy County Administrator, Broward County, Florida
- Ira Burnim, Senior Counsel, Bazelon Center for Mental Health Law
- Brit Vanneman, Staff Attorney, Bazelon Center for Mental Health Law
- Youth with Lived Expertise
ASL Interpreting and Captioning will be provided. For questions about sponsorship opportunities or accessibility, |
|
- On April 30, Joyce Bender, CEO of Bender Consulting Services, Inc., disability rights leader, and the host of the Disability Matters podcast, welcomed Holly O’Donnell, CEO of the Bazelon Center. Joyce and Holly discussed the Center's mission and the accomplishments it has made people with mental health disabilities. Access the podcast recording.
- On May 22, Rebecca Raftery, Equal Justice Works Fellow at the Bazelon Center, led a webinar for the Mid-Atlantic ADA Center on legal rights and inclusion of K-12 students with mental health and behavior-related disabilities under the ADA, Section 504 of the Rehabilitation Act, and the Individuals with Disabilities Education Act (IDEA). Access the Mid-Atlantic TA Center webinar materials.
- On May 23, Bazelon Center Legal Director Megan Schuller presented alongside colleagues from the ACLU, The Leadership Conference on Civil and Human Rights, and the Drug Policy Alliance to mark the launch of the new Vision for Justice Platformand discuss the importance of criminal legal system reform and of community and mental health-based responses as an alternative to police for mental health emergencies. Access the Vision for Justice webinar recording.
|
|
- On May 9, Bazelon Center Senior Staff Attorney Lewis Bossing was quoted in an NBC article, Disability rights groups worry about an Ohio bill to expand involuntary psychiatric commitment.
- On May 8, Bazelon Center Policy & Legal Advocacy Attorney Monica Porter Gilbert was cited in a National Journal article, SCOTUS decision on homelessness could have mental health impacts.
- On May 17, Legal Director Megan Schuller was quoted in a Mental Health Weekly article, HHS final rule promotes community integration, civil rights protections. (Subscription required.)
- On May 24, Megan Schuller was quoted in another Mental Health Weekly article, HHS: Rhode Island violated civil rights laws by warehousing children with MI, about recent findings by the U.S. Departments of Justice and Health and Human Services that the State of Rhode Island violated federal civil rights laws by routinely and unnecessarily segregating children with mental disabilities in an acute-care psychiatric hospital. (Subscription required.)
- On May 28, Monica Porter Gilbert was quoted in an Inside Higher Ed article, Legislation Guarantees Mental Health Withdrawal in Maryland.
|
|
WELCOME BAZELON SUMMER 2024 LEGAL INTERNS!
This month we are excited to welcome our summer legal interns! As we continuously seek to have an impact far greater than our size, we are so grateful for what these scholars are helping us accomplish. Please join us in welcoming:
- Daniel Lu, a third year law student at Yale Law School
- Briana Megid, a third year law student at Duke University School of Law
|
|
JOINING THE BAZELON TEAM
The Bazelon Center looks forward to welcoming Ross Layton as an Equal Justice Works Fellow sponsored by Johnson & Johnson and Patterson Belknap Webb & Tyler LLP this fall. |
|
Image description: 2024 Equal Justice Works Fellow Ross Layton, Washington University School of Law. Hosted by: Judge David L. Bazelon Center for Mental Health Law. Sponsored by: Johnson & Johnson; Patterson Belknap Webb & Tyler LLP. The image includes the Equal Justice Works logo, and a headshot of Ross Layton. |
|
Thank You for Your Ongoing Support! |
|
|
|
|
