In 1999 Olmstead v. L.C. Gave Us the Right to Live At Home

July 21, 2023 9:37 AM

Lois Curtis’ legacy lives on in the people with disabilities whose lives she’s transformed Few people outside of the disability community know Lois Curtis' name. But for those whose lives her Supreme Court case touched and transformed, her impact will never be forgotten. “There is an unapologetic joy and authenticity that shines through in all of the portraits Lois created,” Johnson said. “Artists like Lois inform so much of my work that solely centers on art activism. Uplifting neurodivergent joy and caregiving are important acts of resistance in a society that so often devalues disabled communities.” “I am a person with a vision and a spirit” - Lois Curtis
posted by Bottlecap (4 comments total)

I didn't realize the Olmstead plaintiff had died recently. It truly was a seminal case.
posted by praemunire at 9:46 AM on July 21, 2023

Lois's story is very moving.

In Canada, the late Justin Clark had the same impact. In 1982 he had to sue his parents (radio documentary: Clark v. Clark) for the right to live independently. Which he did for many years afterwards.
posted by scruss at 12:03 PM on July 21, 2023

Because the case uses her initials, and is called Olmstead, it's easy for me to sometimes forget about the black disabled woman behind probably the most important disability rights lawsuit in at least a half century. The privacy interests/choice-to-remain-anonymous are different of course, but it raises comparisons in my head to HeLa cells, as that abbreviated name also obscures the black woman at its center.

Anyway, the continued relevance of this case is hard to overstate. Just last week a judge ruled that Florida violates the ADA/Olmstead because the state unnecessarily separates disabled children from their families and institutionalizes them. (WaPo, gift link). Whole wings of legal aid offices and state governments are dedicated solely to enforcing and implementing Olmstead.

(Love this post, and thank you for all the posts you've been doing this month, Bottlecap!)
posted by alligatorpear at 1:32 PM on July 21, 2023 [3 favorites]

it's easy for me to sometimes forget about the black disabled woman

I'm trying to remember if, when we read this case in law school, it was even mentioned that she was black. I don't think it was, though, to be fair, we weren't spending a lot of time contemplating the narratives of the lives of plaintiffs outside the text of the case they were involved in. But that's a weakness of the legal-academic approach.

I think about nasty right-wing people "discovering" and harassing her in the present day, and I can't help but feel that obscuring her identity was for the best.
posted by praemunire at 2:11 PM on July 21, 2023