City of Grants Pass, Oregon v. Johnson

/in , , , , , , /by The Arc

Filed: April 3, 2024

Court: U.S. Supreme Court

Overview: Amicus brief arguing that the Eighth Amendment ban on cruel and unusual punishment prohibits cities from criminalizing conduct associated with being unhoused.

Excerpt: “People with disabilities face unique challenges and deep-rooted stigmas that increase their risk for homelessness. Less than 5% of housing in the United States is accessible for moderate mobility disabilities, and less than 1% is accessible for wheelchair use. Housing costs are prohibitive for many disabled people who rely on public assistance for basic costs of living—the average cost of a one-bedroom apartment in the United States exceeds the maximum monthly Supplemental Security Income a person can receive. Moreover, widespread housing discrimination on the basis of disability further compounds the risk of homelessness. The Ordinances’ impact on homeless people with disabilities highlights how grossly out of proportion the punishments they impose are to the severity of the offense. Simply put, criminalizing the involuntary conduct of being a homeless person without a place to sleep—in a city with no public shelters—is anathema to the decency standards of any civilized society.”

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Robertson v. District of Columbia

/in , , , , /by The Arc

Filed: 2024

Court: U.S. District Court for the District of Columbia

Plaintiffs: Parents and guardians of students with disabilities in the District and The Arc

Counsel: The Arc, Washington Lawyers’ Committee for Civil Rights and Urban Affairs, Children’s Law Center, McDermott Will & Emery

Overview: Parents and guardians of children with disabilities living in D.C., along with The Arc of the United States, filed a class action lawsuit against D.C.’s Office of the State Superintendent for Education for failing to provide safe, reliable and effective transportation to and from schools for children with disabilities, thereby denying students equal access to their education and unnecessarily segregating them from their peers.

Case Explainer:

Robertson Explainer Blog Post

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Food and Drug Administration v. Alliance for Hippocratic Medicine

/in , , , /by The Arc

Filed: January 30, 2024

Court: U.S. Supreme Court

Overview: Amicus brief arguing that it is not the role of courts to substitute their evaluation of drug safety and effectiveness in place of the FDA’s expert determinations.

Excerpt: “The Fifth Circuit’s substituting its evaluation of drug safety and effectiveness for FDA’s expert determinations affects far more than the modifications to the conditions of use for the single drug at issue here. Patients and their providers depend on FDA’s determinations about safety and effectiveness and expect drugs to be available according to the terms of the FDA approval, including supplemental approval. Providers rely on FDA’s expertise-based approval of drug uses in making treatment plans, and patients depend on being able to take the drugs as prescribed by their providers. The Fifth Circuit’s ruling broadly jeopardizes the reliability of FDA’s original approvals of drugs, and the agency’s approvals of modifications to the conditions of their use. It is effectively a roadmap for other litigants seeking to overturn drug approvals or conditions of use they disfavor—whether those changes expand (as was the case here) or restrict how the drug can be used. If approved drugs or modifications to conditions of use can be so readily enjoined despite FDA’s scientific assessments, the resulting uncertainty would jeopardize patient access to drugs, particularly in cases where FDA has expanded the approved uses of a drug to cover new diseases or conditions. It could also threaten patient safety, as FDA approves modifications to conditions of use where it determines they are needed to protect patients from risks of harm. Finally, the Fifth Circuit’s decision would impair the development of new treatments, as uncertainty disincentivizes pharmaceutical manufacturers, clinicians, and patients from undertaking time-and resource-intensive clinical trials to study new drugs and new indications for approved drugs.”

Case Documents:

FDA v. Alliance for Hippocratic Medicine Amicus Brief

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Intersections of Disability and Rurality: Elevating Family Voices

/in , , /by The Arc

In this recorded webinar, you will hear from Jessica Curd about rural caregiving and disability. She talks about how poverty, living in rural areas, caregiving, and having a disability can overlap and create higher risks and vulnerability. She also talks about a study she did with Dr. John Keesler. They listened to families in rural areas with kids with autism and let them share their experiences. Jessica explains how they did the study and what they found. She also talks about ideas from the families for how to help more.

Download the presentation here.

Introduction to The Arc@School Advocacy Curriculum in Spanish

/in , , , , /by The Arc

These recorded webinars provide a brief overview of the Spanish version of The Arc@School’s Special Education Advocacy Curriculum. The curriculum provides basic information that parents, educators, and non-attorney advocates need to support students and families in navigating the special education system. Watch the webinar to learn more about the content of the curriculum, how to sign up to receive an account, what to expect after signing up, and more.

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The Arc Responds to Bipartisan, Bicamercal Congressional Request for Information on Paid Leave Policies

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The Arc submitted comments to a request for information by a bipartisan Congressional group hoping to address paid leave. The Arc’s comments emphasized the importance of paid leave for individuals with disabilities and caregivers.

The Arc Responds to HHS’ Proposed Rule on Head Start Program Performance Standards

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The Arc submitted a comment on the proposed rules to update the Head Start standards. The Arc’s comments focused on the issues of restraint and seclusion on young children.

The Arc Responds to the Department of Labor’s Proposed Overtime Rule

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The proposed rule would increase in the minimum salary threshold for white-collar overtime exemptions to an annual amount of $55,068.  The Arc supports overtime for these workers but urged the Labor Department to work with its agency partners to ensure states increase the necessary funds to maintain access to Medicaid home and community-based services (HCBS).

Shifting Our View: A Person-Centered Journey

/in , , /by The Arc

In this webinar, Lori Ropa, Executive Director of The Arc of Jefferson, Clear Creek, and Gilpin Counties, discusses how she embarked on a journey with their advocacy team during COVID to “shift their views” and attempted to understand the thoughts and feelings of the people who came to support them. Lori’s team developed personas and mapped people’s journeys through The Arc through the lens of each persona. They then developed actionable items to make the advocacy experience even more positive for the people coming to their organization for support.

Download presentation here.

The Arc’s Congressional Leave-Behind for the HCBS Relief Act

/in , , , , , /by The Arc

The Home and Community Based Services (HCBS) Relief Act of 2023 was introduced in Congress by Senator Bob Casey (D-PA) and Representative Debbie Dingell (D-MI). The bill would provide two years of additional Medicaid funds to improve access to HCBS by increasing direct care worker pay and benefits; decrease the number of people on waiting lists for HCBS; and pay for assistive technologies, staffing, and other costs that facilitate community integration.