As a conservative columnist, the quote that most resonates with me is by William F. Buckley. Seventy years ago he said the purpose of his then-newly launched weekly National Review was to stand “athwart history, yelling Stop, at a time when no one is inclined to do so.” Much of the time it’s how I feel about this column. Every now and again, however, I get to yell “Go!”
As I write, the Colorado General Assembly is close to sending House Bill 1017 to Governor Jared Polis for a signature. The bill enjoys bipartisan backing and is widely supported by the community it most impacts. House Bill 1017, I am pleased to write, is a good bill which deserves to become law.
The legislation attempts to codify in state law the U.S. Supreme Court’s 1999 Olmstead v L.C. decision upholding the rights of people with disabilities. Twenty-six years ago, the Court found that segregating people with disabilities in institutions when community care was more appropriate amounted to discrimination under the Americans with Disabilities Act (ADA).
The case was brought by two women, Lois Curtis and Elaine Wilson, who had been treated in the psychiatric unit at the Georgia Regional Hospital. Although mental health professionals concluded the women were ready to be placed in a community-based program, they were not released and were instead kept for years at the regional hospital. Curtis and Wilson’s brave decision to sue under the Americans with Disabilities Act not only resulted in their release and placement in a more appropriate setting but ensured other people with disabilities would not be similarly confined, an all too common occurrence.
The Court determined that government agencies must provide the option of community based services when such services are appropriate and can be accommodated by available resources. This decision benefits not only people with disabilities who deserve to be part of their communities whenever possible but also others within those communities whose lives are enriched through that inclusion. Moreover, states have found home care is often less expensive than institutional care, and they can save money when they follow the law.
Colorado’s track record for upholding the law has been mixed. After a multi-year investigation, the U.S. Department of Justice (DOJ) determined that Colorado was violating the Americans with Disabilities Act and the Olmstead decision by keeping people with physical disabilities in nursing facilities instead of providing community-based support. The state reached a settlement with the DOJ last autumn.
That’s progress, but more can be done. This spring term has been fruitful. Legislators have been working in a bipartisan manner with representatives from the affected community to create legislation to better ensure the spirit and letter of the law are followed.
House Bill 1017 affirms the obligation under the ADA and Olmstead of government entities to provide services to people with disabilities in the most community-integrated placement appropriate to their needs. The Colorado Disability Opportunity Office will be required to update the state’s decade-old comprehensive community integration plan by September 2028 and to update it every three years.
No matter what happens at the federal level by the U.S. Supreme Court or Congress, Colorado will continue to ensure the rights of people with disabilities going forward. On behalf of friends and relatives with physical and intellectual disabilities who live and work in the community with support, I am grateful. Thank you, Colorado lawmakers. Onward!
Krista L. Kafer is a weekly Denver Post columnist. Follow her on Twitter: @kristakafer.
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Originally Published: May 6, 2025 at 10:08 AM MDT
