Discrimination against people with disabilities by the government is against the law. The Justice Department found that the Unified Judicial System of Pennsylvania, through the actions of its component courts, violated the Americans with Disabilities Act (ADA) by prohibiting or limiting the use of disability-related medication to treat Opioid Use Disorder (OUD) by individuals under court supervision. Title II of the Americans with Disabilities Act prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities.
The US DOJ's findings letter demands that Pennsylvania addresses the civil rights violations identified during the course of the investigation conducted by the Justice Department’s Civil Rights Division and the U.S. Attorneys’ Offices for the Eastern, Middle and Western Districts of Pennsylvania.
In Pennsylvania there were three individual accounts, which were corroborated by the US DOJ investigation. The third account alleged that the Northumberland County Court required her to stop using her prescribed OUD medication to graduate from drug court. The department’s investigation corroborated these allegations and additionally found evidence that multiple other county courts in Pennsylvania have treatment court policies that discriminate against individuals with OUD.
Pursuant to Title II of the ADA, the US DOJ provided the Pennsylvania judiciary with written notice of the supporting facts for these findings and the minimum remedial measures necessary to address them. The US Department of Justice can investigate public entities for violations of the ADA pursuant to 42 U.S.C. §§ 12131-12134 (part of Title II) and its implementing regulation, 28 C.F.R. Part 35.
“Individuals with Opioid Use Disorder are protected by the ADA but too often face discrimination rooted in stereotypes and myths rather than in science. This is exactly the sort of discrimination the ADA was designed to prevent,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Ensuring that court-involved individuals with Opioid Use Disorder have access to the medications they need is critical to support recovery efforts and to break the cycles of opioid addiction that have harmed families and communities across our country. Ensuring that courts are employing science-driven and data-informed approaches to this crisis is an important priority for the Civil Rights Division.” Read the full letter: here.
In Tennessee parents who are utilizing medication assisted treatment have been discriminated against by Courts and others for utilizing other non-abstinence only recovery methods. While for some individuals an abstinence only approach may be the best way forward for others medication assisted treatment under the supervision of a licensed professional who is educated and informed about substance use disorder and various successful recovery methods.
Discrimination is illegal against people with disabilities, including those with substance use disorder, and those with a history of substance use disorder who are regarded as a person with a disability. Our experience of working with incredible individuals with substance use disorder continues to teach us more about the many roads to a successful recovery and life that our clients find fulfilling and successful. Attorney Daniel L. Ellis is not a licensed mental health or medical provider (nor is this blog legal advice), but if you or a loved one has a suspected substance use disorder or has been formally diagnosed and is experiencing discrimination, involvement in the criminal justice system, or needs support protecting their security clearance or other professional license, then don't delay, call Attorney Daniel L. Ellis at 865-235-1787 today.