Ball v. Kasich

State: Ohio

Filed: 2017

Court: United States District Court for the Southern District of Ohio

Overview: The brief supported plaintiffs in Ohio seeking appropriate services in the most integrated setting in the community challenging the state’s practice of providing immediate placement in institutions for those seeking state-funded services, but taking 13 years or more to provide community-based services. The brief argued for certification of the class and outlined research demonstrating that states have successfully shifted from institutional placements to person-centered, community-based services even for those with the most significant disabilities and complex medical needs.

Excerpt: “Similar to other states that have successfully shifted their funding scheme to favor community-based options rather than institutional placements, the changes sought to Ohio’s system for the provision of community-based services and supports to individuals with IDD are both readily achievable and critically important. Such structural and systemic changes, however, simply cannot be achieved through individual lawsuits. As Plaintiffs note, Ohio’s institutional footprint is one of the largest in the United States. In 2013, more than 22,000 Ohioans with immediate needs were on waiting lists for community-based services at the time, with a median wait time of over 13 years. These numbers are unacceptably high and reflect a systemic problem that cannot adequately be addressed through individual litigation. Systemic relief is needed to ensure that proposed class members have sufficient access to a process that will allow informed choices…and lead to integrated, community-based residential, employment, and other services for those seeking such options. Without a class, such relief will not be achievable.”

Case Documents

Amicus Brief

S.D. Ohio Opinion

Related Media

Disability Rights Ohio Press Release: “The Arc of Ohio, The Arc of the United States and the Bazelon Center for Mental Health Law Support Community Integration Class Action Suit”