Assemblyman Angelo Santabarbara, Chair of the New York State Assembly Committee on People with Disabilities, is calling for a review of New York’s disability rights protections following a recent U.S. Department of Justice opinion that has raised concerns among disability advocates, providers, self-advocates, and families. The opinion questions whether federal disability law requires states to provide services in community settings rather than institutional settings in many circumstances, prompting concerns that long-standing protections for people with disabilities could be weakened. In New York, those protections help thousands of individuals live with family, receive services in their communities, pursue employment opportunities, and avoid institutional settings. Assemblyman Santabarbara has requested a review of New York’s protections to determine whether additional safeguards may be needed at the state level.

The recent DOJ opinion questions a long-standing interpretation of federal disability rights law that has guided disability policy since the landmark 1999 Supreme Court Olmstead decision. Disability advocates have warned that if the DOJ’s interpretation prevails in future litigation and policy decisions, it could weaken legal protections that have helped people with disabilities receive services in community-based settings, including group homes and other supports, rather than institutional settings. Advocates fear this could leave individuals and families with fewer options and ability to challenge those decisions.

Organizations including the Autism Society, Center for Disability Services, The Arc, and other disability advocates have spoken out about the potential impact these developments could have on people with disabilities and their families.

Assemblyman Santabarbara has sent a letter to the New York State Office for People With Developmental Disabilities (OPWDD) requesting a review of New York’s disability rights protections and an assessment of whether additional state-level protections need to be considered by the New York State Legislature. A copy of the letter is attached.

“People with disabilities and their families have spent decades fighting for the right to live and receive services in their communities. When those protections are called into question, we have a responsibility to determine what it means for New Yorkers and whether additional protections are needed,” Assemblyman Santabarbara said.

“The question before us is simple: If federal disability policy changes, are New Yorkers still fully protected? That’s the answer I’m seeking from OPWDD. If there are gaps in New York’s protections, we need to know about them and be prepared to act,” Santabarbara said.

Please click here to view the letter from Assemblyman Angelo Santabarbara to OPWDD Commissioner Willow Baer requesting a review of the potential impact of the recent DOJ opinion on New Yorkers with disabilities and their families.