| 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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