Lois grew up surrounded by violence and struggles in school, at home, and in her neighborhood. When she was twelve years old, she was diagnosed with mental illness and developmental disabilities. She was sent away from her public school to a residential placement.
She continued to be judged by others as less than needing more "fixing" and was then sent to a psychiatric hospital. Then she was even further away from her family and the friends she had as a young girl. The ending of this part of her story won't be a surprise. She spent her teenage years and her early twenties in various institutions, hospitals, and private care
facilities.
It was reported at times, Lois would even voluntarily admit herself into these institutions. You wonder how many choices did she have as to where she could get some type of support.
In the early 1990s, Lois met Sue Jamieson, an attorney for the Atlanta Legal Aid Society. She often talked to Sue about getting out of the Georgia Regional Hospital. Her primary doctor and psychiatrist agreed she did not need to receive treatment there and instead could be released to live in a community she chose.
In 1995 Sue Jamieson became Lois' attorney, and soon after, Elaine Wilson was also added as a plaintiff.
Elaine Wilson had a similar history of being shuttled back and forth to state hospitals and institutions. Elaine was gravely ill with a fever of 107 when she was just one year old and was hospitalized. When she recovered, she returned home. Shortly after that, her mother noticed many skills she had previous to the fever had been lost. Elaine did make a slow recovery; however, she
had many difficulties in school.
When she was fifteen, she was diagnosed with mental retardation and entered a Georgia state school and institution. In the 1980s, she lived back and forth in personal care homes and state hospitals.
Like Lois, Elaine felt trapped and had no hope while she was placed in institutions.
Tommy Olmstead, the Commissioner of Georgia's Department of Human Resources, contended that Lois and Elaine needed to remain in psychiatric isolation. Although they were both medically cleared for a more inclusive setting because of the state's financial constraints and the lack of community treatment support, they need to remain in the institution.
Luckily, Elaine became a plaintiff with Lois Curtis in the L.C. and E.W. v. Olmstead case.
In 1997 they won at the District Court level when the judge ruled that denying them a community-based life was nothing more than segregation of people, which violated the Americans With Disabilities Act.
The state of Georgia appealed the decision to the 11th Circuit Court of Appeals. Lois and Elaine prevailed again. Georgia appealed to the U.S. Supreme Court. It was a day of celebration on June 22, 1999, when Justice Ruth Bader Ginsburg announced the 6 - 3 decision in favor of Lois and Elaine.
The U.S. Supreme Court held that people with disabilities have a qualified right to receive state-funded supports and services in the community rather than institutions when the following three-part test is met:
- the person's treatment professionals determine that community supports are appropriate;
- the person does not object to living in the community; and
- the provision of services in the community would be a reasonable accommodation when balanced with other similarly situated individuals with disabilities.
The Olmstead decision is a landmark decision that has created many more opportunities for people with mental illness and developmental disabilities. As we know, even when we have a supportive Supreme Court decision, it requires vigilance to ensure it is enforced.
There continue to be Olmstead lawsuits over the segregation of people with disabilities. Olmstead is starting to be applied in contexts beyond institutions. Our advocacy work continues.
Check out the additional resources below.
