#AdvocacyMatters: Fact v. Opinion
July 10, 2026 / #AdvocacyMatters
Being able to live and receive services where and how one chooses – including in home and community-based settings - is at the heart of true equity for people with disabilities. For decades, advocates have fought for the right to direct and determine their own care and living situations. In the past several years, advocates here in Ohio worked collaboratively with Ohio’s General Assembly to protect this access and stabilize their care through increased provider wages.
Late last month, a memo released by the US Department of Justice created questions and confusion about access to Home and Community-Based Services:
The memo, an opinion from DOJ’s Office of Legal Counsel, argues that states aren’t required to provide home and community-based services to people with disabilities.
News of this memo spread quickly throughout the advocacy community, leaving many with questions about their own situations.
Here is what we know about the impact of this memo:
- It does not overrule Olmstead
- It does not bind federal courts or invalidate existing court decisions.
- It does not eliminate or repeal the ADA or Section 504
- It does not change the legal standard that unjustified institutionalization is discrimination
- It may determine how the US Department of Justice does its ADA enforcement
At DRO, we will stand with people with disabilities to elevate their voices, protect their rights, and support their preferred options for community living.
“Our vision is rooted in hope and in the belief that people with disabilities belong in their communities, with the supports, opportunities, and dignity they deserve,” said Marlene Sallo, Executive Director of the National Disability Rights Network. “We will not go back.”
Now is the time to stay engaged and advocate by sharing your story and lived experiences.
We’ll keep working to provide clarity and answer your questions. If you have specific concerns, please contact our intake team at 614-466-7264 or via our online intake here: https://www.disabilityrightsohio.org/intake-form
#AdvocacyMatters