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HomeMy WebLinkAbout07-24-26 Correspondence - Disability Rights Montana - Growth Rings - 2 Quiet Shifts with Big ConsequencesFrom:Disability Rights Montana - Growth Rings To:Bozeman Public Comment Subject:[EXTERNAL]2 Quiet Shifts with Big Consequences Date:Friday, July 24, 2026 11:37:37 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Forwarded this email? Subscribe here for more Every paid subscription supports Disability Rights Montana’s work across Montana. Federal funding is nowhere near sufficient to meet the advocacy and culture change work that is needed. You can help fund the future you want to see! 2 Quiet Shifts with Big Consequences Montana AG is MIA in the 504 case, DOJ erases guidance and legacy ofsupport for disability rights, one of DRMT's funders wants to hear formyou, and why all this matters for Montana. READ IN APP There may be some encouraging news on one of the most concerning disability- rights lawsuits in the country. As regular readers know, Montana’s Attorney General joined a multistate lawsuit now known as Texas v. Kennedy, a case challenging portions of federal disability- rights regulations that help protect the right of disabled people to live in their JUL 24 Did Montana Quietly Exit Texas v. Kennedy? communities rather than being unnecessarily institutionalized. In recent weeks, local and national advocates noticed something interesting: Montana does not appear in the caption or signature pages of a recent filing in the case. While we have not yet found a definitive public statement from the Montana Attorney General’s Office confirming a withdrawal, and since that filing the office is still sending responses that haven’t been updated to reflect changes to that case from nearly 6 months ago let alone last week, Montana’s apparent absence from recent court filings raises the possibility, if not likelihood, that the state is no longer be participating. At the time of writing, we cannot independently confirm that Montana has officially exited the lawsuit. What we do know is that several states have already withdrawn after sustained advocacy from the disability community. Indiana, South Dakota, Kansas, Missouri, and maybe Louisiana who is in the same boat as us with an ambiguous, but likely quiet exit. The case started with 17 states. Earlier this year 8 dropped out when the complaint was amended to focus solely on seeking the ability for states deinstitutionalize people with disabilities and take their children away form them simply for having a disability without a showing of inadequate parenting. Since then, 6 more have dropped out (if we count MT and LA as dropping out), leaving only 3 states actively pushing this despicable case. Public engagement works! If Montana has in fact withdrawn, it would be welcome news for disabled Montanans and everyone who values community living, choice, and inclusion. Over 1000 Montanans signed a letter earlier this spring asking the AG to leave the case, and this number has grown since. If, however, Montana is still in the case, advocates will undoubtedly continue advocating. Unlike the AG’s office, we will not go away quietly. This isn’t an intercrural exercise for us, this is our lives. Rest assured, DRMT will keep following this story and share updates as more information becomes available. Why the DOJ’s New OlmsteadPosition Matters for Montana No for some bad news. One of the most significant disability-rights developments of 2026 has received almost no attention outside the ranks of disability law nerds like myself, so I wanted to share this with you. On July 20, the U.S. Department of Justice published a notice in the Federal Register stating that it will no longer rely on its longstanding Olmstead guidance when enforcing Title II of the Americans with Disabilities Act. For many people, that may sound like a technical legal dispute. It isn’t. There was a landmark case in the U.S Supreme Court in 1999 called Olmstead v. L.C. The plaintiffs, Lois Curtis and Elain Wilson had developmental disabilities and were institutionalized in a psychiatric facility. They wanted to leave and live in the community. The case they won established that unnecessary segregation of people with disabilities is discriminatory. The decision has been one of the most powerful tools for helping people with disabilities live, work, and receive services in their communities instead of being forced into institutions when community- based supports are appropriate. For more than two decades, DOJ lawsuits and formal guidance has helped explain how states should comply with that obligation and how the federal government would evaluate whether people were being unnecessarily institutionalized or placed at serious risk of institutionalization. That formal guidance has now been formally erased. Lois Curtis, plaintiff in L.C. v. Olmstead Importantly, the Department of Justice did not repeal the ADA. It cannot do that, as the ADA is a law passed by Congress and signed by the president. It did not overturn Olmstead. Olmstead is a case decided by the Supreme Court. And it did not eliminate the integration mandate found in federal regulations. That is a formally adopted regulation that would need to be formally modified or A Quick Refresher: What Is Olmstead? What Changed? eliminated and there is a specific process that must be followed to do that, and that process has not been initiated. So to be clear, all of those legal protections remain in place. What changed is the federal government’s enforcement posture. DOJ has now stated that the Olmstead guidance is not enforceable and that the agency will not rely on it when pursuing ADA enforcement actions. This comes on the heals of an internal memo form a couple weeks ago in which DOJ indicated they were moving this direction. DOJ has gone further in the formal filing this week by officially erasing its past guidance and indicating it plans to reevaluate the integration mandate through the lens of Loper Bright a recent decision by the Supreme Court which reduced weight courts give to agency interpretations of federal law like that of the integration mandate. For Montanans with disabilities, the practical concern is simple: rights don’t exist on paper, they only exist when someone enforces them. And losing DOJ as an enforcer means many rights move from being real to being illusory. Montana continues to face major challenges related to community-based services, housing, behavioral health supports, personal attendant services, and long-term care options. Many disabled Montanans rely on the promise that they can receive services in their homes and communities rather than institutions whenever possible. Even though Olmstead remains the law, a reduced federal enforcement role could create uncertainty for states, providers, and disability advocates. Some experts worry it may make it harder to push systems toward community integration and easier for governments to delay investments in home- and community-based services. Others note that disability advocates can still pursue litigation and advocacy using the ADA, Section 504, federal regulations, and the Supreme Court’s Olmstead decision itself. This development arrives at the same time that Texas v. Kennedy continues What Could This Mean for Montana? Why This Connects to Texas v. Kennedy moving through federal court. That lawsuit challenges portions of federal disability regulations related to community living and integration. Disability advocates across the country have warned that weakening either the regulations or federal enforcement could make it more difficult for people with disabilities to remain in their communities. For Montanans, the message is clear: community living rights are not guaranteed by history alone. They remain strong only when people understand them, defend them, and insist that public systems honor them. That’s why developments in both Washington, D.C., and the federal courts deserve our attention. And why Disability Rights Montana will remain vigilant in monitoring this situation, alerting you to developments, and acting to protect the right to community based services in whatever ways we can. Many Montanans have heard of Disability Rights Montana, but I wish more knew about us. Those who do know of us know us as an advocacy organization. A small portion of those people also know that we are Montana’s federally designated Protection and Advocacy (P&A) system. Every state and territory has a P&A organization charged with protecting the rights of people with disabilities. These organizations investigate abuse and neglect, monitor settings that serve people with disabilities, advocate to enforce disability rights, educate people about their rights, and educate policy makers about the impact of their decisions on the disability community. Right now, our largest funder, the Administration for Community Living (ACL), is conducting a nationwide assessment to better understand how P&A programs serve people with disabilities and how the network can become even more visible, effective, and impactful. If you’ve ever: Your Voice Matters: Help Shape the Future of theP&A Network Received assistance from Disability Rights Montana, Worked alongside DRM, Referred someone to DRM, Partnered with the disability community, or Simply care about disability rights in Montana, your perspective can help inform this national review. The survey is voluntary and takes approximately 10–15 minutes to complete. TAKE THE SURVEY Strong participation from Montana will help ensure that the unique experiences of disabled Montanans are reflected in the future of the national Protection and Advocacy system. If Disability Rights Montana has ever made a difference in your life, or if you have ideas about how P&A organizations can better serve people with disabilities, please take a few minutes to complete the survey. Rights are protected not only in courtrooms but also through community action. Whether it’s paying attention to a lawsuit that could affect disability rights or sharing feedback that improves the nation’s advocacy network, your voice matters. Keep growing. Keep showing up. And keep building a Montana where disabled people belong everywhere. You’re currently a free subscriber to Life Beyond Compliance. Upgrading to paid subscriptions supports Disability Rights Montana’s work across Montana. Federal Growth Rings Reflection funding is no where near sufficient to meet the advocacy and culture change work that is needed. You can help fund the future you want to see! Upgrade to paid LIKE COMMENT RESTACK © 2026 Disability Rights Montana1022 Chestnut Street, Helena, MT 59601 Unsubscribe