Hi Julie,

I relied on Disability Rights PA to take the lead on legal actions. The sister agencies are meeting regularly, and all are engaged with our statewide advocacy coalition. The Council signed onto a letter, but did not join when they filed an OCR complaint.

Lisa

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Based on my experience, my advice is simple.  If you are a state agency, let the advocacy coalition file everything and move the Council publicly as far away as possible.  That doesn't mean you can't continue educating and advocating good policy.  But have no part of a suit (not even a sign on) unless your state supports you doing so.  And I'd get that in writing.  Some colleagues may argue that the DD Act protects us.  Maybe it does protect the Council as an entity but it won't protect individual members or staff.  


Dan

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States that have moved forward with amicus briefs or legal action against their states on behalf of action or lack of action for people with IDD during COVID: can you give me insights on what it took to go there? We currently  have a disability consortium in ND that is comprised of 18 agencies that are advocating for Governor/state direction to come down concerning rationing of equipment and exceptions to visitation in hospitals. We had a call with everyone from the Governor, to his attorney, to heads of Human Services, and the Health Dept. yesterday and they told us they will not take this issue on. They feel in ND the emergent need is individuals living in nursing homes only, so they are only providing direction to/for their care. Our group has been talking about next steps and the sense is it may go to legal action. I just wanted to see other Council’s participation or not in these situations, and frankly, looking for advice!!

 

Thanks,

 

Julie Horntvedt, M.Ed.

Executive Director, North Dakota State Council on Developmental Disabilities

 

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