On March 12, 1990, thirty-six years ago, the steps of the U.S. Capitol were home to what we now know as The Capitol Crawl. This landmark civil rights action directly led to the passage of the Americans with Disabilities Act (ADA) and made the stairs of the United States Capitol hallowed ground in the Disability Community, a representation of the hard-fought gains for civil rights, independence, and freedom. A critical component of the success of the ADA has been the integration mandate, the Civil Rights division's ADA implementation rule, backed by Justice Ginsburg's decision in Olmstead v LC (by Zimring), that Disabled individuals have a basic right to live in "a setting that enables individuals with disabilities to interact with nondisabled persons to the fullest extent possible."

As part of a larger effort to prevent any agency action not explicitly stated in law, the Trump Administration's DOJ last week issued an opinion gutting the ADA's efficacy by reversing course and stating that it was their opinion that the integration mandate, since it was not included in Section 504 or the ADA, was not legally binding. The integration mandate is the key provision of the ADA that ensures people with disabilities have the right to live in the community. Indeed, DOJ's memo highlights that in its opinion, Congress "did not purport to impose [an integration] mandate, nor did it authorize [Health and Human Services] or DOJ to do so."

CDR condemns DOJ's opinion that HHS and DOJ were not authorized to exercise their regulatory authority to impose the integration mandate based on the clear intent of Section 504 of the Rehabilitation Act and the ADA, as well as the Court's Olmstead decision. However, we also note that the failure of the statute to explicitly state this right must be remedied.

Today, Senator Bennet (CO) and Rep. Cohen (TN-9) took a step to do just that by reintroducing the bipartisan Latonya Reeves Freedom Act in Congress.

The Latonya Reeves Freedom Act (LRFA) would undeniably create in law a right of every individual to live in the community. The LRFA would explicitly:

• affirm that every individual eligible for long-term services and supports (LTSS) has a federally protected right to receive those services in the community;
• ensure that States and LTSS insurance plans provide LTSS to Disabled individuals in a way that allows them to live independently in the community;
• ensure that individuals with disabilities are in control of their LTSS;
• ensure that LTSS are provided in a way allowing individuals with disabilities to lead an independent life; 
• establish a quantifiable planning process that has an enforceable metric to move people out of institutions; and 
• identify and address disparities in the provision of LTSS.

LRFA is the next step in the Disability Community's long fight for independence and freedom, and in light of the renewed attacks on that independence and freedom we must fight for it now.

In addition to Rep. Cohen, the following House members are original co-sponsors of LRFA upon introduction: 

Bacon (NE-02), Barragán (CA-44), Clarke (NY-9), Craig (MN-02), Golden (ME-02), Hayes (CT-05), Horsford (NV-04), Hoyle (OR-04), J. Jackson (IL-01), H. Johnson (GA-04), Larson (CT-01), Lynch (MA-08), McBath (GA-06), McClellan (VA-04), Morelle (NY-25), Moulton (MA-06), Mullin (CA-15), Neal (MA-01), Panetta (CA-19), Pingree (ME-01), Scholten (MI-03), Simon (CA-12), Adam Smith (WA-09), Soto (FL-09), Stansbury (NM-01), Strickland (WA-10), B. Thompson (MS-02), Underwood (IL-14), Van Orden (WI-03), Vargas (CA-52), Wasserman Schultz (FL-25), Watson Coleman (NJ-12), F. Wilson (FL-24)

In addition to Sen. Bennet, the following Senators are original cosponsors:

Baldwin (WI), Heinrich (NM), Hickenlooper (CO), Hirono (HI), Luján (NM), Merkley (OR), Whitehouse (RI), and Wyden (OR).

We have a unique moment in time to push both sides of the aisle to secure our freedom. The future of the integration mandate demands we unite and act.