Named After Colorado Activist, the Latonya Reeves Freedom Act Would Strengthen Civil Rights to Help People With Disabilities Continue Living Independently
Washington (April 20, 2023) – Senator Edward J. Markey (D-Mass.) joined 15 of his Senate colleagues, led by Senator Michael Bennet (D-Colo.), in reintroducing the Latonya Reeves Freedom Act. The bill would strengthen the civil right of Americans with disabilities to receive long-term services and supports (LTSS) in the setting of their choice.
In 1991, Latonya Reeves fled a nursing home facility in Tennessee to move to Colorado, so she could live independently while still accessing the care she needed. She then made it her mission to help other individuals with disabilities live independently within their own communities. Latonya passed away this year on January 9, 2023. This legislation, named in her honor, would strengthen the federally protected right of individuals with disabilities to receive LTSS and to be meaningfully integrated into their own community.
“Like too many other Americans with disabilities, Latonya Reeves was institutionalized for years and unable to exercise her constitutionally-protected freedom to live on her own, until she moved to Colorado,” said Senator Bennet. “This bill honors Latonya’s legacy of fighting for others by ensuring that people with disabilities can live independently and still access the care they need.”
“I am honored for the bill to be named after me, and just want other people to get out of nursing homes. Thank you, Senator Bennet, for your support,” said Latonya Reeves in 2021.
In the United States, over a quarter of individuals, or 67 million
people, are living with a disability. In 1999, the U.S. Supreme Court held in Olmstead v. L.C. (Olmstead) that individuals with
disabilities have a qualified right under Title II of the Americans with Disabilities
Act (ADA) to receive supports and services while living in the community of
their choosing. This landmark decision has assured people that they will not be
forced into institutions, including psychiatric hospitals and nursing
homes.
The Latonya Reeves Freedom Act would:
The bill would guarantee minimum requirements for coverage of
LTSS, regulated by the Attorney General. Public entities and LTSS insurance
providers would be required to conduct evaluations of their current practices
and policies, identify current gaps in their systems, and implement a
transition plan that addresses barriers to community living. The Department of
Health and Human Services will be responsible for providing technical assistance,
reviewing, and approving these transition plans.
“With the shift in the Supreme Court, it is clear that civil rights must be underpinned by something more than a court decision. At some point the Supreme Court will revisit the Olmstead decision and could wipe out decades of progress in shifting from institutional placement to supporting seniors and people with disabilities in the community. So now, more than ever, we need the Latonya Reeves Freedom Act to ensure that Disabled people and seniors have an enforceable civil right to Disability Freedom. We are profoundly grateful to Senator Bennet and his leadership,” said Dawn Russell, an ADAPT activist who has spent more than 30 years fighting for freedom.
“Show and Tell fully supports the Latonya Reeves Freedom Act. This
piece of legislation will allow people with Intellectual Developmental
Disabilities (I/DD) to live quality lives in the community of their choice.
Finally, access to Long Term Support and Services that are person-centered, self-directed,
culturally responsive, and comprehensive. Currently, many people with I/DD and
their families/caregivers have to constantly fight for services that they are
eligible for. The crazy bureaucracy, the nonsensical rules that families had no
part in creating, the exhaustion and uncompensated effort families must endure
to keep their loved ones from being in an institution is far from equitable or
inclusive. But, there is hope with the Latonya Reeves Freedom Act where our
voices were heard, heeded, and acted upon. Nothing about us without us,” said
Yvette Burkhalter, Executive Director of Show and Tell, a Colorado Community
Parent Resource Center and Family-to-Family Health Information Center.
“Jewish Family Service of Colorado (JFS) enthusiastically supports
the adoption and passage of The Latonya Reeves Freedom Act of 2023. As a
longstanding leader and provider of Disability Services, we strongly believe
that individuals with disabilities should have the autonomy, independence, and
freedom to live in their desired location and be integrated in the communities
they live. This legislation is a matter of civil rights for those with
disabilities,” said Linda Foster, President and CEO of Jewish Family Service
of Colorado.
“Housing is a human right. The Latonya Reeves
Freedom Act (LFRA) introduced by Representative Cohen and Senator Bennet emphasizes that
this right includes community-integrated housing, with all necessary supports
for those who need them. The LFRA is crucial to push back against the trend at
the state and local level to increase forced institutionalization of unhoused
persons with mental disabilities, and reaffirm that everyone deserves a safe,
dignified place to call home,” said Eric Tars, Legal Director of National
Homelessness Law Center.
In addition to Senators Markey and Bennet, this bill is cosponsored by Senators
Cory Booker (D-N.J.), Sheldon Whitehouse (D-R.I.), Chuck
Schumer (D-N.Y.), Debbie Stabenow (D-Mich.), Jack Reed (D-R.I.), Martin
Heinrich (D-N.M.), Elizabeth Warren (D-Mass.), Catherine Cortez Masto (D-Nev.),
John Hickenlooper (D-Colo.), Amy Klobuchar (D-Minn.), Tammy Baldwin (D-Minn.)
Kirsten Gillibrand (D-N.Y.), Tom Carper (D-Del.), Mazie Hirono (D-Hawai'i), and
Chris Van Hollen (D-Md.).
The bill text is available HERE. A summary is available HERE.
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