Artwork by Lois Curtis and photo of Curtis with President Obama. Work is displayed at the WindSwell Foundation office in our Lois Curtis room.
Note from Patti: This column was written prior to the recent DOJ legal opinion. Rather than rewrite, we are sharing it as originally composed. It reminds us of prior practices of institutionalization and aids in the understanding of the path of community integration that has occurred since the Olmstead ruling. Knowing history is vital to fueling why we need ensure that people with disabilities have the right to live and thrive within an integrated community.
Before the age of twelve, her family placed her in the state institution when they were unable to care for her at home. Too often she was temporarily placed in inpatient psychiatric care or jail as the only options to her poor school compliance and incessant wandering. That was her “home” for nearly twenty years. Sedation and institutionalization were a part of her life as it was for many with cognitive disabilities until 1999. There were no laws protecting the disabled in making decisions about their daily activities.
Her name was Lois Curtis and June 22, marked the anniversary of the 1999 Supreme Court ruling of Olmstead v. L.C. & E. W.
Tommy Olmstead was the Commissioner of Human Services for the State of Georgia when the Atlanta Legal Aid Society filed suit on behalf of Lois and her friend Elaine Wilson. The Americans with Disabilities Act (ADA) had passed in 1990. A 1991 Justice Department ruling had stated that under the ADA, that services to those like Elaine and Lois, should be provided “in the most integrated setting appropriate to the needs”. It would be almost a decade, however, until her plea to “…get me out of here” was answered. Federal courts in 1995 determined that the civil rights of these two women had been violated and the State of Georgia took their appeal to the Supreme Court.
Justice RBG wrote in her 6-3 majority opinion that “confinement in an institution severely diminishes the everyday life activities of individuals including family relations, social contacts, work options, economic independence, educational advancement and cultural enrichment.” And with that ruling, Lois moved to her own apartment in 1999. She became a public advocate for the disabled and shared her memories of institutionalization. She worked as an artist and with supports, was able to live most of her remaining years doing as she desired. Whether painting, attending church, fishing or cooking meals that she desired, she made a life of her choosing.
The State Developmental Center in Fort Wayne is long closed now. Group Homes and Supported Living for those like Elaine and Lois have taken its place. One of our meeting rooms at the WindSwell Foundation office is named after Lois. On the wall are two of her portraits along with a photograph of her with President Obama in 2011, on June 22, as she gives him one of her paintings. Elaine and Lois have both died but their impact on the lives of the disabled live on.
The US Department of Justice issued a legal opinion on June 20th that threatens the interpretation of Olmstead v. L.C. and E. W. It threatens to allow states to move away from community integration for those with intellectual disabilities and opens the door to re-institutionalization. WindSwell’s guiding principles speak to integration and inclusion and access to public education, employment and a full community life. At this time, Olmstead is still the law. ADA remains in place as does IDEA and Section 504. We support and defend the rights of the disabled to define their meaningful life and community integration.
