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Choosing what to eat. Having a room of your own and feeling safe within its privacy. Choosing whether to go out to a movie or watch one at home. Choosing whether or when to have your family visit. Having a job. Deciding when or whether to become a parent. These basic assertions of personal dignity give meaning to life.
Most of us take for granted the liberty to make these every-day decisions. Tragically, this basic liberty is denied to thousands of people with disabilities in Illinois. Many Illinois’ citizens who are developmentally, mentally or physically disabled live in large private nursing homes where stagnation, learned helplessness and a culture of apathy actually impede their growth and well-being. Under current Illinois law, some adults with disabilities may be permanently sterilized without their consent or against their best interests.
The ACLU of Illinois believes the Bill of Rights is for Everyone - and that everyone, regardless of their abilities or disabilities, has the right to privacy and bodily integrity. We are proud to fight for the rights of individuals with disabilities - and we hope you will support this important work.
Current Activities
- Ensuring Choices for People With Disabilities
ACLU attorneys, in partnership with Access Living and Equip for Equality, have initiated three groundbreaking lawsuits seeking the reform of state-subsidized health care systems for people who are developmentally, psychiatrically and physically disabled.
Williams v. Quinn, et al: In June, a federal judge granted preliminary approval for an historic agreement between the State of Illinois and thousands of people with psychiatric disabilities represented by a number of advocacy groups and a private law firm - led, in this case, by the ACLU of Illinois - that will give thousands of people with mental illness an opportunity, if they choose, to move out of large, private nursing homes and into community-based settings. This agreement marks a sea change in Illinois state policy - which for far too long has relied on troubled, sometimes dangerous nursing homes to serve people with mental illness. Download a fact sheet about the Williams case and its history.
 Ligas v. Maram: The ACLU represents 7 Illinoisans with developmental disabilities who reside in private State-funded institutions in a suit to force Illinois to comply with the Americans with Disabilities Act (ADA). Despite the ADA’s mandate that people with disabilities receive services in the most integrated appropriate setting, Illinois remains last in the country in offering small community based placements for these individuals, forcing thousands of people to live in segregated institutions in order to receive care. We hope to ensure that all people with developmental disabilities have the choice to receive long-term care in integrated community settings, a choice they would have in many other states. Read more about this important case.
Colbert v. Quinn: We filed suit on behalf of people with physical disabilities who are unnecessarily (and illegally) confined to nursing homes as a prerequisite to receiving services.
- Ensuring Services for Youths with Disabilities
As part of our Institutionalized Persons Project, the ACLU works to make certain that all youth under the control of state and local agencies receive the care and services they need:
B.H. v. McEwen: In our longstanding child welfare reform litigation against the Department of Children and Family Services (“DCFS”), we secured essential services and specialized placements for children with developmental and psychiatric disabilities who are in the care and custody of the state. Recently, when some of these programs and placements were in jeopardy in light of pending state budget cuts, we prevailed in an emergency proceeding asking the federal court to order the Director of DCFS to continue providing these critical services to children with disabilities in foster care. Read More.
Jimmy Doe v. Cook County: As a result of our class action lawsuit against the Cook County Juvenile Temporary Detention Center (“JTDC”), we fought for critical mental health services for youths with psychiatric disabilities detained at the JTDC who were receiving inadequate mental health care. We forced improvements in the staffing of qualified mental health professionals at the JTDC and we continue to monitor the center’s response to detained youths who are in need of mental health services.
- Working to Bring Court Oversight to the Sterilization of Adults with Disabilities
Our country has a long and shameful history of allowing the involuntary sterilization of people with disabilities, depriving them of their rights to privacy and bodily integrity, and to make their own decisions about whether or not to become a parent. A majority of states have enacted legislation to provide legal protections for people in guardianship relationships. Illinois needs to join that group.
House Bill 2290, now Public Act 096-0272, requires guardians to go to court first, creating a mechanism for a judge to step in and determine whether the ward agrees to the procedure and whether it is in his or her best interest, and whether less permanent and intrusive alternatives are available. This hearing will both provide due process protections and give the ward a voice in the medical decision that affects him or her. This important legislation passed both the Illinois House and Senate and was signed into law by Governor Quinn. In the weeks leading up to the Governor's signature, hundreds of ACLU supporters wrote in, asking him to support the bill.
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