OKLAHOMA – After the Department of Justice released an opinion memo in June appearing to depower the Supreme Court’s historic Olmstead decision, Free Press examined how that memo has the potential to threaten disability rights gains for Oklahomans.
Since then, Olmstead-related developments continue to raise concerns about long-held disability rights, especially regarding access to community living options.
Many Oklahomans enjoy taking part in community life among family and friends, a right that seems so commonplace it can easily be taken for granted. But the new Olmstead memo and recent outcome of Texas v. Kennedy raise concerns about the extent to which community living rights for people with disabilities will now be protected.
Olmstead trajectory from June to September 2026
The 1999 Supreme Court ruling on Olmstead v. L.C. has “held that Title II prohibits the unjustified segregation of individuals with disabilities.”
For almost thirty years, community-based services have been prioritized over institutionalization in an effort to provide individuals with disabilities greater autonomy. This autonomy has significant ramifications, with experts noting that individuals with disabilities typically experience better outcomes and longevity when supported in community settings.
While the DOJ’s June legal opinion did not carry the force of law, it suggested states are not required to support individuals with disabilities in the most integrated settings appropriate to their needs. On July 20th, 2026, the DOJ took the issue further, publishing a Federal Register notice asserting “the Department will not rely upon the Olmstead Guidance in its enforcement of Title II of the Americans with Disabilities Act (ADA).”
By August 31st, the issue had progressed to the federal court. The DOJ, along with multiple states, requested the court remove the community-integration provisions from Department of Health and Human Services Section 504 (2024). Oklahoma was not a part of the participating states.
Eventually, seventeen states in the request shrunk to five, propelled in part by disability advocacy.
On September 23rd, in the case of Texas v. Kennedy, the federal court granted this request and removed the community-integration provision, along with similar references to integrated settings.
It’s critical to recognize, however, that Texas v. Kennedy doesn’t change the fact that Section 504, the ADA, and Olmstead v. L.C. still remain in effect.
“We still have Section 504 of the Rehabilitation Act,” Abbie Stewart, Director of Public Policy & Advocacy for The Arc of Oklahoma, told Free Press. “We still have the court decision of Olmstead v. L.C. that people with disabilities do have the right to live in their homes and communities.”
The Arc of Oklahoma is a nonprofit that advocates for Oklahomans with intellectual and developmental disabilities to be valued community members.
“But, the regulations are, essentially, how does the government enforce those laws, and what kind of protections do people have?” Stewart explained. “So, if [people with disabilities] believe their rights are being taken away, how can they challenge that?…That’s the part that’s getting really tricky now. If the government doesn’t believe that they have to enforce it, then maybe they won’t when someone tries to stand up for their rights.”
(For detailed layperson’s guides to Olmstead and Texas v. Kennedy, visit The Arc and Disability Rights Education and Defense Fund (DREDF)).
How these changes are affecting Oklahomans
It can be easy to assume these changes will stay concentrated in Washington. However, Oklahomans are encouraged to stay aware of federal-level issues that could impact the state.
Currently under Medicaid, access to institution-based care is often more readily accessible than receiving supportive care within the community.
But Arc of Oklahoma CEO Lisa Kelly explained that the Olmstead memo and Texas v. Kennedy are concerning, because not all states may see the benefits and cost-effectiveness of supporting individuals with disabilities in their own homes and communities.
She also thanks Oklahoma’s state agencies and elected officials for not joining Texas v. Kennedy.
Kelly understands community living concerns both professionally and personally. She is the mother of a 25-year-old daughter with intellectual and developmental disabilities.
“My daughter needs 24-hour supports to live in the community, but has the ability with the appropriate supports, to develop more functions of daily living and to reach her goals,” said Kelly. “However, what’s happened to us and other families we serve – because of the shortage of workforce in Oklahoma and across the country of what’s called ‘direct support professionals’ – many individuals are getting approved for home and community-based waivers, thanks to the historic investment of the Oklahoma Legislature a few years ago to become a no-wait state, but are not able to find the adequate staffing to provide the support services that they would need.”
Without adequate investment in – and access to – direct support professionals, some families may find themselves with little choice but to place their loved one in an institution.
This raises a key question about the current state of Medicaid funding. What if community supports became widely accessible for individuals with disabilities, rather than institutional living?
Taking action to protect disability rights
Recent developments with Olmstead and Texas v. Kennedy have disability-focused organizations across the country taking action to stop the clock rolling back on these hard-fought civil rights, and The Arc of Oklahoma is no exception.
The Arc’s advocacy includes outreach to Oklahoma’s senators and representatives, and a recent conversation with recently elected US Senator Kevin Hern.
Stewart explains a key feature of her role is to follow legislative processes and share developments with the people they serve, many of whom have expressed serious concerns.
“[Many] have a great quality of life when they’re at home and in the community,” said Stewart. “They work, go to school, volunteer, and they participate in a full life. They’re really worried about what that would look like if they did have to go to an institution. And, we want to do everything we can to not let that happen.”
The Arc highlights the critical need for those in decision-making power to hear the voices of individuals with disabilities and their loved ones. Oklahomans are strongly encouraged to share their stories and concerns to government officials at the state level and beyond. Those who do not navigate disability may be less emotionally invested in preserving these rights. However, seeing the faces and hearing the voices of real people who navigate disability daily can bring greater humanity and individuality to an issue many may otherwise experience in the abstract.
Ultimately, Kelly encourages Oklahomans to get involved. Those who may feel intimidated about reaching out to elected officials can seek support from The Arc, and visitors to The Arc’s website can also sign up for advocacy alerts to stay informed of updates on Olmstead, Texas v. Kennedy, community living rights, and related issues.
“There’s no other diagnosis that someone can have where they are forced to leave their own home, community, family, employer, faith-based organization, and move to another location to receive care on a long-term basis,” said Kelly. “Disability affects all of us. It knows no socio-economic boundaries. It knows no race, no ethnicity. And, it comes down to the basic human rights of everyone being able to live where they want to live and receive the support they need.”
Erin Schalk serves as a professional writer, visual artist, voice narrator, and accessibility-centered educator. She is the recent recipient of multiple Writer’s Digest awards and the Armed Services Arts Partnership’s National Scholarship. She has also received a Best of the Net nomination. Schalk’s work has appeared in Wordgathering, Stirring Lit, Parentheses International Literary Journal, The Petigru Review, and numerous other publications. She also received her MFA from the School of the Art Institute of Chicago.
