Chicago Area Fair Housing Alliance

Sweeping reform will
dramatically expand opportunities for community living
and create meaningful
individual choice

(CHICAGO, Nov. 13, 2008) – A groundbreaking
agreement between Plaintiffs and State of Illinois officials in a class action
lawsuit brought against the State for its ongoing violation of the civil rights
of people with developmental disabilities was announced today.  The agreement,
when approved by the court, will bring justice to people with developmental
disabilities, giving them the choice to receive long-term care services in
integrated community settings.  No longer will they be compelled to live in
segregated institutions in order to receive the services they require. 

Today, Illinois ranks 51st among all states and
the District of Columbia in serving people with developmental disabilities in
small integrated settings, and most people with developmental disabilities
seeking residential services are only offered placements in institutions, in
violation of their civil rights and the law.  Under the terms of the proposed
Consent Decree, however, people with developmental disabilities living in large
private institutions will be given the opportunity to live in community-based
settings.  The proposed Consent Decree also requires the State to provide
services to people with developmental disabilities who are at risk of
institutionalization and currently living in the family home.

“This case is about choice, and now nearly
6,000 insitutionalized individuals with developmental disabilities and thousands
of others at risk of institutionalization will finally be able to choose
community living,” said Zena Naiditch, President and CEO of Equip for Equality,
which is serving as counsel in the case.   “We commend the State for doing the
right thing and we look forward to partnering with them to implement the
agreement once it is approved by the court.”

“Through this agreement, we will achieve all of
the goals we set out to accomplish when we filed the lawsuit,” said lead trial
counsel John Grossbart, a partner with the law firm of Sonnenschein Nath &
Rosenthal LLP.  This is one of the largest pro bono cases ever handled by
Sonnenschein.  “We are very proud to have made a difference in such a
fundamental and profound way for the citizens of Illinois.  Once the agreement
is approved, the involuntary segregation and warehousing of people with
developmental disabilities in private institutions in Illinois will finally come
to an end.”

“Where I live now, I cannot choose my own
roommate and I have no privacy,” said David Cicarelli, a 35-year old named
plaintiff in the case.  “I want to live with friends in the community and have
my own room.”  David’s father, Jim Cicarelli agrees, “We are so happy that our
son, and many others with developmental disabilities, will be fully integrated
into the community.  For over ten years, David has waited to fulfill his dream
to live in the community.  We are thrilled that finally his dream will be
realized.” 

“For far too long, the State has relied heavily
upon institutions to serve people with developmental disabilities,” said Barry
Taylor, Legal Advocacy Director at Equip for Equality. “Under the proposed
Consent Decree, Illinois will begin to fulfill the promise of the Americans with
Diabilities Act to fully integrate people with disabilities into society.”

Nearly twenty years ago, Congress passed the
ADA, and nearly ten years ago, the Supreme Court of the United States ruled that
unnecessary institutionalization is discrimination under the ADA. 
Notwithstanding the Supreme Court’s ruling, Illinois has retained its antiquated
policies, channeling people into a system of approximately 250 large,
privately-run congregate care facilities where nearly 6000 of the state’s
developmentally disabled residents are currently housed. 

Under the proposed Consent Decree, all
individuals with developmental disabilities living in private institutions will
receive independent evaluations to determine the supports and services they need
to live in a community setting.  Following the evaluation, those who choose or
do not oppose community placement will receive an individualized service plan
and move into the community over a six-year period.  “People with disabilities
have waited too long for this day.  However, we have always had faith that, as
Martin Luther King, Jr. once said, ‘the arc of the moral universe is long, but
it bends toward justice,’” said Marca Bristo, President of Access Living, which
serves as co-counsel on the case.

“Experience around the country shows that when given a
meaningful choice, people with disabilities thrive in community settings,” said
Benjamin Wolf of the American Civil Liberties Union of Illinois, co-counsel in
the case.  “This agreement will truly change the lives of thousands of Illinois
residents.”

Individuals can, of course, choose to remain in
an institution. Those who choose to remain in an institution can later choose to
move into the community.  Additionally, people with developmental disabilities
living in the family home who are at risk of institutionalization will have
expanded options under the Consent Decree.  All people who are determined to be
in “Crisis,” as well as approximately 3,000 people who are determined to be in
“Emerging Crisis,” will receive services from the State to meet their individual
needs.

“The day has finally come when people with
developmental disabilities have the opportunity to live in the communities of
their choice and enjoy the independence and privacy that all of us consider
rights but which, until now, have been denied,” said Ed Mullen of Access
Living.

Equip for Equality and Sonnenschein Nath &
Rosenthal LLP, which is providing representation on a pro bono basis, are
serving as lead counsel on the case.  The plaintiffs are also being represented
by Access Living, the American Civil Liberties Union of Illinois and the Public
Interest Law Center of Philadelphia.  A copy of the Complaint, proposed Consent
Decree, and other documents relevant to the case are available at www.equipforequality.org.

Reference: U.S. District Court, Northern
District of Illinois, and Chicago
Case No. 1:05-cv-4331

About Sonnenschein Nath & Rosenthal LLP

With 700 lawyers and other professionals in 15 offices in the
U.S. and Europe, and a global reach throughout the Americas, Asia and the Middle
East, Sonnenschein serves the legal and public interest needs of many of the
world's best-known and most admired businesses, nonprofits and individuals. 
Sonnenschein is representing the plaintiffs in this case on a pro bono basis. 
For more information, www.sonnenschein.com

About Equip for Equality

Designated in 1985 as the federally funded
Protection and Advocacy System for people with disabilities in Illinois, Equip
for Equality’s mission is to advance the human and civil rights of people with
all types of disabilities in Illinois.  Equip for Equality provides
self-advocacy assistance, legal services, and disability rights education while
also engaging in public policy and legislative advocacy and conducting abuse
investigations and other oversight activities.  For more information, www.equipforequality.org

About Access Living

Access Living is a cross-disability, not-for-profit
organization whose mission is to work toward the full equality, inclusion and
empowerment of all people with disabilities.  It is governed and staffed by a
majority of people with disabilities.  For more information, www.accessliving.org

About the ACLU of Illinois

The American Civil Liberties Union is a non-partisan,
non-profit membership organization dedicated to protecting and extending
freedom, liberty and equality to all in the United States.  The work of the ACLU
is based upon, but not limited to, protecting the liberties and freedoms
guaranteed by the U.S. Constitution, especially the Bill of Rights. With a
membership of more than 500,000 nationwide - more than 23,000 in Illinois - the
ACLU accomplishes its goals through litigating, lobbying and educating the
public on a broad array of issues affecting our liberties.  For more
information, www.aclu-il.org

About the Public Interest law Center of
Philadelphia

The Public Interest Law Center of Philadelphia (PILCOP) is
dedicated to advancing the Constitutional promise of equal citizenship to all
persons irrespective of race, ethnicity, national origin, disability, gender or
poverty.  PILCOP uses public education, continuing education of its clients and
client organizations, research, negotiation and, when necessary, the courts to
achieve systemic reforms that advance the central goals of self-advocacy, social
justice and equal protection of the law for all members of society.  For more
information, www.pilcop.org