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Starting in 2006, AARP Foundation began bringing class action lawsuits seeking to apply the Supreme Court’s decision to people in nursing facilities. Early cases were filed against the City
of San Francisco and the states of Florida, California and Louisiana for various abuses. The AARP Foundation Litigation team’s efforts have had a direct impact on many tens of thousands of
low-income older people who want to live with dignity and choice, and the case law that has resulted has affected scores more. In 2010, AARP Foundation attorneys first filed what has become
a long-standing class action against the District of Columbia on behalf of a woman named Ivy Brown and some 1,200 other nursing home residents who wanted to move back into their communities
with appropriate government support rather than being forced to remain in nursing facilities that restricted their freedom. That case is on the verge of going to trial for a second time
after an appeal was won in the D.C. Circuit last summer. A victory in this case would mean that the DC government would have to implement case management services to enable our clients to
access available community-based services rather than remain stuck in nursing facilities. That could set an important precedent and could mean a significant improvement in quality of life
for countless thousands of low-income older people with disabilities — fulfilling the ADA’s guarantee of the right “to participate fully in all aspects of society.” Thirty years on, the ADA
remains a bulwark of protection for people who would otherwise have little recourse against discrimination. * AARP Foundation Litigation has addressed other violations of the ADA in
employment, housing, and transportation.
