The United States alleges that the Trial of Texas (“State”) discriminates against individuals with developmental disabilities by unnecessarily institutionalizing them in nursing facilities. As set forth more fully below, the State is in violation of title II of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12131-12134, and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (“Rehabilitation Act”). The State continues to fund institutional care for individuals with developmental disabilities in nursing facilities while effectively denying them care in community-based alternatives in violation of the ADA and the Rehabilitation Act. The alleged discrimination goes to the heart of the ADA and Congress’ intent to eliminate the segregation and isolation of individuals with disabilities. As Congress stated in the findings and purposes of the ADA: society has tended to isolate and “historically, segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem.” 42 U.S.C. § 12101(a)(2). JURISDICTION AND VENUE This Court has jurisdiction of this action under title II of the ADA, 42 U.S.C. §§ 12131-12132, Section 504 of the Rehabilitation Act, 29 U.S.C. § 794a, and 28 U.S.C. §§ 1331 and 1345. The Court may grant the relief sought in this action pursuant to 28 U.S.C. §§ 2201 and 2202. is proper in this district pursuant to 28 U.S.C. § 1391, given that a substantial part of the acts and omissions giving rise to this action occurred in the Western District of Texas. 28 U.S.C. § 1391(b).
The United States alleges that the of Texas (“State”) discriminates against individuals with developmental disabilities by unnecessarily institutionalizing them in nursing facilities. As set forth more fully below, the State is in violation of title II of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12131-12134, and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (“Rehabilitation Act”). The State continues to fund institutional care for individuals with developmental disabilities in nursing facilities while effectively denying them care in community-based alternatives in violation of the ADA and the Rehabilitation Act. The alleged discrimination goes to the heart of the ADA and Congress’ intent to eliminate the segregation and isolation of individuals with disabilities. As Congress stated in the findings and purposes of the ADA: “historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem.” 42 U.S.C. § 12101(a)(2). JURISDICTION AND VENUE This Court has jurisdiction of this action under title II of the ADA, 42 U.S.C. §§ 12131-12132, Section 504 of the Rehabilitation Act, 29 U.S.C. § 794a, and 28 U.S.C. §§ 1331 and 1345. The Court may grant the relief sought in this action pursuant to 28 U.S.C. §§ 2201 and 2202. is proper in this district pursuant to 28 U.S.C. § 1391, given that a substantial part of the acts and omissions giving rise to this action occurred in the Western District of Texas. 28 U.S.C. § 1391(b). Trial
steward_complaint.docx