Justice Department Sues South Carolina for Violating Americans with Disabilities Act

The Justice Department sued the State of South Carolina today for unnecessarily segregating adults with mental illness in adult care homes, in violation of Title II of the Americans with Disabilities Act (ADA) and the Supreme Court's decision in Olmstead v. L.C. The department previously notified South Carolina of its findings of civil rights violations in a July 2023 letter, which identified steps that the state should take to remedy the violations.

"People with disabilities in South Carolina can and must be able to receive services in their own homes, rather than being isolated in institutions," said Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division. "The Civil Rights Division will continue to ensure that people with disabilities can receive the services necessary to enable and empower them to leave institutions, and participate fully in community life."

"The ADA requires public entities to administer services, programs and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities," said U.S. Attorney Adair F. Boroughs for the District of South Carolina. "South Carolina must remedy the alleged violations identified by the Justice Department so that these individuals can obtain services in their own communities, as required by the Americans with Disabilities Act."

The ADA and Olmstead decision require state and local governments to ensure that the services for adults with mental illness are provided in the most integrated setting appropriate. Community-based services, such as Assertive Community Treatment and supportive housing, are effective in supporting people in their own homes and communities rather than institutional settings. Absent these services, many South Carolinians with mental illness who could live in the community remain in, and continue to enter, adult care homes.

The lawsuit alleges that South Carolina violates the ADA by failing to provide community-based services to prevent the unnecessary segregation of adults with mental illness in adult care homes. As a result, over a thousand adults with mental illness are segregated in adult care homes for years, and more continue to enter these facilities each month.

The Civil Rights Division's Special Litigation Section investigated this case with assistance from the U.S. Attorney's Office for the District of South Carolina. Individuals with information relevant to this matter can contact the department by emailing [email protected].

For more information on the ADA, please call the department's toll-free ADA Information Line at 1-800-514-0301 (TDD 800-514-0383) or visit www.ada.gov/topics/community-integration/.

For more information on the Civil Rights Division, please visit www.justice.gov/crt.