Governor Pritzker Seeks Exit from Ligas Consent Decree While the U.S. Celebrates the 34th Anniversary of the Americans with Disabilities Act

July 26, 2024

Today, across the United States, individuals with disabilities, family and friends are recognizing the 34th anniversary of the signing of the Americans with Disabilities Act (ADA), landmark federal legislation that sought to establish equal protection under the law for persons with disabilities.  Meanwhile, only two days prior, the Illinois Attorney General's Office was in federal court representing Governor Pritzker's Administration in its efforts to exit/vacate the Ligas Consent Decree.

Signed this very day 34 years ago by President George H.W. Bush, the ADA was the culmination of several years of national efforts to advance equality and protection in law for persons with disabilities.  However, it was only nine years later that the United States Supreme Court had to take further action to ground these protections in law through its decision on Olmstead v. L.C. The Ligas Consent Decree, put into place in 2011, is the result of an Olmstead case, which has directed Illinois to end practices that would unnecessarily and inappropriately institutionalize persons with disabilities. 

We at IARF proudly recognize the leadership of Governor Pritzker and his Administration, as well as the General Assembly, in leading investments in community-based services and advancing policy reforms to increase access to services and supports. While much has been done, there is no question that much more is needed to return Illinois to a place of excellence in service and to eliminate any and all systemic barriers to person with I/DD accessing the services and supports they choose.  It is with this position in mind that we find the Governor's efforts to exit the Ligas Consent Decree so concerning, a position shared by the lawyers representing the Plaintiffs and Intervenors in the Ligas Case, and even the Consent Decree Court Monitor - who went on record this week arguing against the State's motion to vacate the Consent Decree.

As we recognize the 34th anniversary of the ADA, we can all be proud - as a country, as a state, as individuals - of the advancements in laws, policies, and investments to assure greater equality for persons with disabilities. However, we must recognize that significant and systemic challenges remain to fulfill the promises of the Ligas Consent Decree, and that an exit now - knowing that minimally the Guidehouse rate study is not yet fully funded - would be premature and carry the potential of long lasting ramifications for persons with I/DD in Illinois. 

Josh Evans,

President & CEO

IARF