Update! Ligas v. Maram Update from Equip for Equality

02/23/2010

LIGAS V. MARAM
FACT SHEET
Updated 2/4/10
Background on the
lawsuit - Ligas v. Maram
was filed in 2005 by nine people with developmental disabilities (plaintiffs)
who reside in large private State-funded facilities (ICF-DDs) or who are at
risk of being placed in such facilities.
Plaintiffs wanted to receive community services, but their requests were
denied by the State of Illinois. In
2006, a federal judge certified the case as a class action. Prior to trial, the parties reached an
Agreement, but at a Fairness Hearing in July 2009, the judge found that the
class definition was too broad as it included people who did not desire to live
in the community. Accordingly, the judge
did not approve the Agreement and decertified the class. In September 2009, plaintiffs filed an
Amended Complaint seeking relief only for people with developmental
disabilities who requested community services.
In 2010, the parties reached a new Agreement, which, if approved, would
provide community services to people living in ICF-DDs who have a current
record of wanting community services, and also provide community services to an
additional 3,000 people with developmental disabilities living in the community
without services.
lllinois’ current
services for people with developmental disabilities

Nearly 6,000 people with
developmental disabilities live in 250 private ICF-DDs across the State. Thousands of other individuals are at risk of
being placed in an ICF-DD.
Illinois ranks 51st out of all the
States and the District of Columbia in serving people with developmental
disabilities in small community settings.

Unnecessary
institutionalization is against the law
In 1999, in Olmstead v. L.C., the
United States Supreme Court held that unnecessary institutionalization of
people with disabilities is discrimination under the Americans with
Disabilities Act. What is the current
status of the case?

Under the Amended Complaint,
plaintiffs seek to proceed on behalf of people in ICF-DDs who have made a
record requesting community services.
People who are happy with their current ICF-DD placement would not be
part of the proposed class and would not be forced to move.
To be part of the new proposed
class, people with developmental disabilities and/or their legal guardians need
to make a record with the State confirming their desire for community services.
A form that people with
disabilities or their guardians can use to make a record of their desire for
community services can be found at www.equipforequality.org

Questions?

If you have questions about the case, the
proposed Agreement, or if you or someone you know lives in a private ICF-DD and
wants to live in the community, please contact Barry Taylor at 312-895-7317 or barryt@equipforequality.org

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