WASHINGTON— Today, the U.S. District Court for the District of Columbia issued a resounding judgment in the class action case Brown, et al v. District of Columbia, finding that the District of Columbia has violated the rights of D.C. residents with disabilities under the Americans with Disabilities Act (ADA). The Court’s decision followed a trial in 2021, in which the Plaintiffs proved that D.C. failed to inform D.C. nursing facility residents that they could leave nursing facilities and receive home health services in their communities. The D.C. government also failed to help them access community-based services and housing options needed to transition back to the community. The ruling comes as a result of legal efforts led by attorneys from AARP Foundation with co-counsel including Disability Rights D.C. at University Legal Services and the law firms of Arent Fox, LLP, and Terris Pravlik & Millian.

The Court recognized that individuals living in nursing facilities often need help learning about and applying for available community services to help them transition to their own homes. Even when residents learn about services, navigating the complicated Medicaid-funded long-term care program can cause confusion that sometimes causes facility residents to lose hope that they can live in their own homes again.  

Under the “integration mandate” of the Americans with Disabilities Act and the U.S. Supreme Court’s landmark decision in Olmstead v. L.C., state and local governments must provide community-based services to people with disabilities whenever possible. Unnecessarily segregating people in institutions is illegal discrimination.  If people with disabilities who are institutionalized in nursing facilities are to benefit from the promise of the integration mandate, they necessarily require that governmental entities provide them with information and assistance.   

The Court’s judgment is the culmination of 14 years of litigation. In 2010, AARP Foundation, Disability Rights D.C. at University Legal Services (ULS-DC), and the law firm of Arent Fox, LLP filed a lawsuit on behalf of thousands of nursing facility residents with disabilities living in nursing facilities in D.C. After the U.S. Court of Appeals for the District of Columbia ordered a remand trial in 2019, Terris Pravlik & Millian joined AARP Foundation and ULS-DC as co-counsel for the Plaintiff class.  

"Today's ruling affirms the right of thousands of people with disabilities to choose how and where they live,” said Kelly Bagby, Vice President of Litigation at AARP Foundation. “For far too long, thousands of people forced to live in D.C. nursing homes were denied this right. Today, people with disabilities around the country are applauding the Court’s recognition of their civil rights.”    

“We are extremely pleased with the court’s decision, which sends a clear message that the District government must address the needless segregation of the largest institutionalized population of District residents with disabilities,” said Lyndsay Niles Managing Attorney at Disability Rights DC at University Legal Services. “Disability Rights DC is honored to represent the Plaintiffs in this case who have waited fourteen years to realize their civil rights.”

“Judge Friedman has let the District of Columbia know in clear terms that it cannot rely on nursing facilities, but rather, the District itself must provide effective transition assistance to help residents of nursing facilities move out of the institutions and receive their Medicaid services in the community,” said Kathleen L. Millian of Terris, Pravlik & Millian, LLP.

See the full court ruling here. 

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About AARP Foundation 

AARP Foundation works for and with vulnerable people over 50 to end senior poverty and reduce financial hardship by building economic opportunity. As a charitable affiliate of AARP, we serve AARP members and nonmembers alike. Through vigorous legal advocacy and evidence-based solutions, and by strengthening supportive community connections, we foster resilience, advance equity and restore hope. To learn more, visit aarpfoundation.org or follow @AARPFoundation on social media.