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Court Ruling Allows Florida Accident Victim to Stay in Her Home

The U.S. District Court in Jacksonville, FL ruled that the state of Florida must provide Michele Haddad with services that will allow her to live in her home. Haddad has successfully lived in the community since suffering quadriplegia resulting from a motorcycle accident with a drunk driver in 2007, but she may have to enter a nursing home due to a change in her caregiver situation. She has been waiting for a community-based Medicaid waiver for two years. She told the state she needed increased services, but was told that she could only obtain them if she entered a nursing home for sixty days.

Based on the Americans with Disabilities Act's integration mandate, the United States argued that Haddad would suffer harm if she had to enter a nursing home to receive services.

In the Olmstead decision eleven years ago, the court decreed that unnecessary separation of people with disabilities marks them as unworthy of community life. The United States government sought to ensure that people with disabilities can receive services, participate in their communities, and have contact with those without such medical problems, and to reaffirm the right of Americans with disabilities to live on their own.

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