Federal Judge Denies Intervention in EFE's Community Integration Case

As reported in the Fall 2005 Equalizer, EFE and its co-counsel filed a class action lawsuit against Illinois state officials for their failure to offer community-based residential services for people with developmental disabilties. The lawsuit alleges violations of the Americans with Disabilities Act and other federal statutes. Plaintiffs are seeking an order compelling Illinois officials to make community settings available to people with developmental disabilities who choose them.

Motions to intervene in the lawsuit were filed by the Illinois Health Care Association, by a group of parents of adult children residing at Misericordia and by a group of parents of adult children residing in various other private institutions. The intervenors all claimed that the lawsuit was seeking community placement for all individuals with developmental disabilities, thereby removing choice and forcing people who wished to remain in institutions to move into the community.

The court denied the motions to intervene, finding that "[b]ased on the limited relief that the named plaintiffs seek, the intervenors' claimed interest in remaining in an institutional setting would be not impaired or impeded in the resolution of this case." The court noted that the complaint "is replete with language of choice, demonstrating that the relief sought is not a mandatory community setting for all, but a choice of either a community setting or an institutional setting."

In addition to EFE, plaintiffs are represented the ACLU of Illinois, Access Living, PILCOP and the law firm of Sonnenschein, Nath & Rosenthal.

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