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    Press Release Archive

    FOR IMMEDIATE RELEASE
    September 25, 2006

    Community Residential Services, Housing, Obtained Through Settlement

    Contacts:
    Carolyn S. Knight or Michael Kirkman
    614.466.7264

    (Columbus, OHIO) The Ohio Legal Rights Service (OLRS) today announced that it had reached a tentative settlement in the federal class action case of Martin v. Taft. The proposed agreement will result in state funding for home and community based services over the next two state fiscal years for an additional 1500 individuals who are currently in an institution or who will be at risk of being institutionalized but could be served in a community setting. In addition, the agreement will result in the release to county boards of mental retardation and developmental disabilities of 4.2 million dollars of state capital funds for housing development for the
    class

    “The Martin litigation has been a significant priority for OLRS and its clients for many years,” said Carolyn S. Knight, OLRS Executive Director. “The proposed agreement is an important step forward in implementing the Olmstead decision in Ohio. OLRS is pleased that the settlement will provide much needed services in the community to those individuals with mental retardation and developmental disabilities who have waited years to receive them,” Knight added.

    OLRS Legal Director Michael Kirkman, who is the trial attorney for the class, said: “We look forward to implementing the agreement. If approved by the Court and implemented by the state, it will avoid the need for further litigation on this issue over the life of the settlement.”

    The written details of the settlement are still being drafted, but United States District Judge Edmund S. Sargus, Jr., is expected to issue an order today to vacate the October 23rd trial date, and the parties will have 30 days to finalize a written settlement. Notice of the settlement will then be provided to class members and other interested parties. A fairness hearing must be held before final approval by the Court.

    OLRS, an independent state agency, is the federally mandated protection and advocacy system for people with disabilities in Ohio. Its mission is to protect and advocate, in partnership with people with disabilities, for their human, civil and legal rights. It is authorized under both federal and state law to pursue legal remedies on behalf of people with disabilities. The OLRS Commission provides governance and oversight for OLRS.

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