Advocates urge Governor Ferguson and elected officials to reject DOJ memo threatening decades of protections for people with IDD
FOR IMMEDIATE RELEASE:
August 12, 2026
CONTACT: Stacy Dym, media@arcwa.org, Executive Director of The Arc of Washington State
Advocates urge Governor Ferguson and elected officials across Washington to reject Justice Department memo threatening decades of protections for people with disabilities
OLYMPIA, WA – Advocates for the rights of people with disabilities are calling on Governor Ferguson, Attorney General Brown, the Washington State Legislature, and the Washington State Congressional Delegation to reaffirm Washington’s commitment to community integration and reject the Department of Justice opinion that seeks to narrow decades of disability civil rights protections.
On Tuesday, August 11, thirty-five Washington organizations represented by the Community Advocacy Coalition for Developmental Disabilities (CAC) sent joint letters to Washington leaders detailing their strong disagreement with the June 18 opinion issued by the U.S. Department of Justice Office of Legal Counsel. Each letter also includes the CAC’s specific requests for Washington state to respond accordingly.
Click each link below to read each letter:
CAC Letter to Gov. Ferguson and Attorney General Brown
CAC Letter to Washington Legislature
CAC Letter to Washington Congressional Delegation
The DOJ opinion blatantly attempts to subvert decades of established law in the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and the Supreme Court’s decision in Olmstead v. L.C. The Department of Justice has argued that these federal laws did not impose an integration mandate on states and that Olmstead did not require services in the most integrated setting appropriate to a person’s needs. Although this opinion does not change law, it gives the opportunity to federal and state officials not to enforce protections found in the ADA that guarantee individuals’ with disabilities rights to community-based services.
Washington advocates are calling on Governor Ferguson and Washington’s elected officials to publicly affirm that unnecessary institutionalization is discrimination and that Washington remains committed to the principles established in Olmstead v. L.C. They are also seeking bipartisan support for legislation codifying the right of people with disabilities to live in the most integrated setting appropriate to their individual needs, modeled after Colorado’s House Bill 25-1017.
“Washington State has been a leader in disability rights for decades, and now is the time to codify our values. People with disabilities are entitled to live and thrive in their communities, alongside their families, and with the services and supports that enable them to do so with dignity,” said Representative Darya Farivar, a Democrat representing the 46th legislative district in the northeast corner of Seattle. “If the federal government is going to threaten the civil rights of our people, then it’s our job to step up and defend them. I am ready to work my colleagues in the house and across the state government to re-affirm Washington’s commitment to community integration for people with disabilities.”
In addition to the historic federal cuts to Medicaid in 2025, Washington State faces a looming $4 billion shortfall that is already threatening state services for families with disabilities. Advocates are concerned that any further reductions to the essential Home and Community-Based Services that enable people with developmental disabilities to live in their communities will increase risk of unnecessary or involuntary institutionalization.
“It unfortunately was not that long ago that people with disabilities had zero choice in how, where and with whom they’d like to live their lives. We have been fighting for decades to ensure that people with IDD are treated as fully human by our laws and our systems,” said Stacy Dym, the Executive Director of The Arc of Washington State, a founding organizational member of the Community Advocacy Coalition. “Home and Community-Based Services are more than supports; they are the reason that people with disabilities can become valued members of their communities, not people to be hidden away.”
About The Arc of Washington State
The Arc of Washington State is the state’s oldest grassroots organization advocating for the rights and inclusion of people with intellectual and developmental disabilities (IDD) and their families for over 90 years.
In 1936, The Arc of Washington State was formed by parents of institutionalized children with intellectual/developmental disabilities (IDD) who believed their children deserved more – to be included in their communities and to pursue fulfillment and happiness just like everyone else. The Arc’s mission is to promote and protect the human rights of people with intellectual and developmental disabilities and actively support their full inclusion and participation in the community throughout their lifetimes. Learn more at arcwa.org.
About the Community Advocacy Coalition for Developmental Disabilities (CAC)
The Community Advocacy Coalition for Developmental Disabilities (CAC) is a statewide alliance representing self-advocates, families, and service providers for people with intellectual and development disabilities (IDD) across Washington State. The CAC is committed to ensuring that people with IDD can live safely, participate meaningfully, and thrive in their communities. The CAC is comprised of over 50 different community-based organizations including nonprofits, private businesses, chapters of statewide nonprofit organizations, and governmental associations, councils, coalitions, boards or commissions that have a primary focus to support, serve and advocate for people with developmental disabilities.
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