Episode 194: Us v. Them

In June, the DOJ issued a memo that should sound alarm bells for every disabled person in the United States.

Transcript

Laura 1:05

I'd say and so it begins, but it began a long time ago.

Male VO 1:11

This is Bad Attitude.

Laura 1:27

Hello, friends and strangers. Welcome to another episode of Bad Attitudes, an uninspiring podcast about disability. I'm your host, Laura.

Laura 1:38

This week's supporter shout out goes to Joan KB. Thank you for your continuing support.

Laura 1:45

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Laura 1:58

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Laura 2:14

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Laura 2:33

As always, I want to remind you that disability is not a monolith. My experience as a disabled person is going to be different from the experiences of other disabled people. I am one voice for the disabled community, but I am not the only voice.

Laura 2:49

n 1999, the Supreme Court heard the landmark case Olmstead vs. LC, in which two Georgia women with mental illness and developmental disabilities were held in the state-run hospital for years after the conclusion of their treatment, despite the recommendations of their care teams that they be released. The court held that the unjustified segregation of disabled people constitutes discrimination under Title II of the Americans with Disabilities Act. The court also held that public entities must provide community-based service to disabled people when such services are appropriate, provided the affected persons do not oppose community-based services and the services can be reasonably accommodated.

Laura 3:37

The court explained that its holding reflected two judgments. The first, quote, "institutional placement of persons who can handle and benefit from community settings perpetuates unwarranted assumptions that persons so isolated are incapable or unworthy of participating in community life." Second, quote, "confinement in an institution severely diminishes the everyday life activities of individuals, including family relations, social contacts, work options, economic independence, educational advancement, and cultural enrichment."

Laura 4:15

On June 18, 2026, nearly 27 years to the day of the Olmsted decision, the Department of Justice released a memo that challenges this long-standing so-called integration mandate. The memo argues that neither the ADA nor Section 504 of the Rehabilitation Act explicitly requires the state to provide services in the most integrated setting appropriate.

Laura 4:44

To be clear, this DOJ memo does not change anything, but it does lay a foundation for changing things, and it certainly indicates how the current federal administration feels about the disabled community.

Laura 4:59

Prior to the Olmsted decision, disabled people were often forced into institutionalized settings. In colonial times, they were kept on poor farms with prisoners and the indigent. Poor farms were dirty, overcrowded, and there was no specialized care for disabled people. Sometimes rich families paid for their disabled family members to be placed in public hospitals. Those hospitals relied on those payments to stay open.

Laura 5:28

In the 19th century, disabled people were placed in asylums. These mental hospitals would house criminals, the seriously mentally ill, people with developmental disabilities, and people with serious medical conditions with no attempt to separate patients by diagnosis or needs.

Laura 5:46

The first dedicated facility for individuals with developmental disabilities opened in Massachusetts in 1848. These facilities began as schools, but over time, they morphed into larger institutional settings similar to the earlier asylums. And like the previous iterations, they were often dirty, overcrowded, and housing non-disabled criminals. Many of these facilities also practiced sterilization-based eugenics, sterilizing primarily disabled women without their knowledge or consent.

Laura 6:19

This is not to say that every group setting for disabled people is horrible and abusive. Many disabled people thrive in group living situations. However, we cannot ignore the fact that most of these institutions were historically unsuitable for their purpose. Patients were isolated and often forgotten by the outside world. They lacked decent care and access to education or socialization.

Laura 6:45

Disabled individuals who receive community-based care are generally more involved in their communities, have more access to resources to better their lives, and are overall happier. Things are not perfect. Far from it. Programs for community-based support are understaffed, underfunded, and spread far too thin. That doesn't mean the disabled community wants to go back.

Laura 7:10

So why then would the federal government come out with a statement that suggests that states should not be required to provide community-based care for disabled individuals when able? What could possibly be their motivation?

Laura 7:25

It's the money, honey.

Laura 7:28

You might think, yeah, I bet providing community-based care is expensive. Multiple studies have shown that community-based care costs taxpayers significantly less on average than housing disabled people in institutions. Somehow the party of fiscal responsibility has overlooked this tidbit.

Laura 7:48

Think back to what I said about facilities prior to the 19th century, although the practice has carried on ever since. Rich families would pay to house their disabled members in hospitals, and those hospitals relied on those hefty payments to stay open. They were, in practice, for-profit institutions. And today many of these same types of facilities are for-profit. How do they make money? By packing patients to the rafters.

Laura 8:16

The more patients they house, the more money they make. Not just from individuals and families, but from Medicare, Medicaid, other insurance companies, and other government benefits. And since the current administration is a friend to the billionaires and corporations who operate these facilities, it makes perfect sense that it would want to gently encourage the states to start considering a return to that beautiful bygone era where disabled people were hidden away, never to be thought of again.

Laura 8:48

Nobody, and I mean nobody, should be surprised by this development. From day one, but really long before that, this administration has been very clear about where it stands on the subject of the disabled community. It has been systematically dismantling our rights from healthcare to education and now to where we live.

Laura 9:10

Logistically, I don't know what the next steps would be. I would assume it would be to ask the Supreme Court to revisit Olmstead. With this court's current record, I don't have much faith that it would uphold the decision. We are witnessing in real time the government's attempt to tear our rights away. First, they overturned Roe v. Wade. Then they tried to overturn same-sex marriage. Now community-based care is in its sights. Every day there is some new assault on the citizens attempting to take away the power from the people and bestow it on the president.

Laura 9:44

The worst part of it all is that unless you follow a lot of disabled creators, you might not even know that this had happened. I don't watch a ton of mainstream news. I simply don't have the bandwidth for the constant bullshittery. But I have only seen it mentioned by one news source that was not a disabled creator. One. And it was a flash in the pan as far as the news cycle is concerned. We're still talking about the damned reflecting pool, but an attempt to steal our rights gets glossed right over.

Laura 10:16

Vigilance is key. We need to pay attention to the things we aren't seeing in the news. If you don't follow many or any disabled creators, you should get on that. This podcast is a good start, but I'm not as quick to update as others. I'm always slightly behind. Check out the podcast's Instagram account for some suggestions on who to follow. There are some truly amazing creators out there.

Laura 10:42

Thanks for listening, and I'll talk to you in the next one.