Judge Nicholas Garaufis

A judge has ruled that the State of New York was violating the Americans with Disabilities Act (ADA) by warehousing more than 4,000 people suffering from mental illness in large, privately run “adult homes” in New York City.

The ruling is being seen as a major victory by disability advocates.

In his 210-page opinion, Judge Nicholas G. Garaufis described adults homes as “segregated settings” in which residents are excluded from the daily lives of their neighborhoods and that New York has, “denied thousands of individuals with mental illness in New York City the opportunity to receive services in the most integrated setting appropriate to their needs….” (State Discriminated Against Mentally Ill, Judge Rules, The New York Times, Sept. 8).

The Times reported that disability advocates had argued for placing residents of adult homes in their own apartments, which could serve as “supported housing” where they would receive care from mental health workers as needed, at no greater expense to the state. The State argued exactly the opposite, claiming that supported housing would cost more and deliver lower quality care.

In his ruling Garaufis ordered the state to submit a “remedial plan” by October, after which he will issue an injunction specifying steps and a schedule for the state to follow in revising its handling of mentally ill residents.

“This ruling affirms that New York must support people with disabilities in ways that allow them to be a part of the community,” said Carol Rodat, PHI New York policy director. “PHI believes that well-trained direct-care staff can play a valuable role in solutions such as supportive housing.”