Lawsuit: A groundbreaking community support system for people with intellectual and developmental disabilities
The freedom to live in the community
For decades, adult Oregonians with developmental disabilities could receive long term care services only in an institutional setting such as the Fairview Training Center. People who requested community-based services languished for years on wait lists, and most were never transferred to community-based care.
The Plaintiffs
In 2000, five individuals with developmental disabilities filed a lawsuit against the state for the right to receive services in the community. The lawsuit was known as Staley v. Kitzhaber. Those individuals are:
James Staley
Helen Healy
Tara Peters
John Duffield
Molly Drummond
The lawsuit grew to include more than 3,000 Oregonians as a class action. In less than a year, the state settled.
The Staley settlement established the statewide brokerage service system. And, in a decade, the number of individuals signed up for community services “went from zero to 7,000.”
Making your own choices
This new system brought with it big changes. Former Disability Rights Oregon attorney Jim Wrigley, who led our Staley work, said:
“One of the biggest changes is the lack of a wait list for support services. Another is increased emphasis on self-determination; in other words, customers choosing the services that work best for them. This represents a large change from the historic delivery model …”
Putting Oregon on the map
The National Council on Disability (NCD) has described Oregon as “a national leader in this field”, pointing to Oregon’s shuttering of institutions and rapid building of a statewide system of services as a model for other states. NCD documents about Staley v. Kitzhaber include:
Case Documents
Staley v. Kitzhaber, Case 3:00-cv-00078-ST
Media Coverage
Medicaid-funded services for adults with developmental disabilities (Oregon State Bar Elder Law newsletter, January 2013)
Plaintiffs’ Stories
"I make my own choices. This is my home." - Jim Staley
Read profiles of some of the plaintiffs:
Jim Staley-the man behind the lawsuit (The Oregon Clarion, Oregon Council on Developmental Disabilities, October 2003)
Meet Molly Drummond (Independence NW)