DOJ Announces New Action on Olmstead Guidance

The U.S. Department of Justice (DOJ) has announced another change that may affect the rights of people with disabilities to receive services in their communities.

In June, the Council shared information about a DOJ legal opinion. That opinion questioned how the federal government has understood and enforced the integration mandate under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.

The DOJ has now taken another step.

What did the DOJ announce?

On July 20, 2026, the DOJ published a notice about its guidance on the Supreme Court’s 1999 Olmstead decision.

For many years, this guidance has helped people understand how the DOJ views and enforces the ADA’s integration mandate. It has been used by people with disabilities, families, advocates, state and local governments, and courts.

The DOJ now says:

• The Olmstead guidance and similar guidance documents are not legally enforceable.
• The DOJ will not rely on the Olmstead guidance when enforcing Title II of the ADA.
• The DOJ will review the guidance to decide whether it matches the language of the ADA.

What is guidance?

Guidance explains how a federal agency understands a law and plans to enforce it.

Guidance is not the same as a law or regulation. It cannot create new legal requirements that are not already found in a law, regulation, or court decision.

However, the DOJ’s Olmstead guidance has helped explain when placing or keeping a person in an institution or other separate setting may violate the ADA.

Why does this matter?

This announcement may change how the DOJ handles complaints and takes legal action involving community-based services.

The DOJ previously used its Olmstead guidance to explain that the ADA may protect people who:

• Live in an institution but could live in the community with the right services;
• Are at serious risk of entering an institution because they cannot get needed services in the community; or
• Receive services in settings that separate them from people without disabilities.

The DOJ now says it will not rely on this guidance when enforcing Title II of the ADA.

It is not yet clear how this change will affect investigations, lawsuits, settlement agreements, or state programs.

What has not changed?

It is important to understand what this notice does not do.

The notice does not:

• Repeal or change the ADA;
• Repeal or change Section 504 of the Rehabilitation Act;
• Overturn the Supreme Court’s Olmstead decision;
• Remove the federal integration regulations;
• Automatically end existing court orders or settlement agreements; or
• Stop people with disabilities from filing lawsuits to protect their rights.

The Supreme Court’s ruling still stands. The Court found that keeping a person with a disability in an institution without a valid reason can be disability discrimination.

What happens next?

The DOJ plans to review its Olmstead guidance. It may later revise, replace, or withdraw the guidance.

The federal government could also take separate steps to change regulations related to the integration mandate. Changing a federal regulation would usually require a separate public process.

Courts will continue to decide how the ADA, Section 504, federal regulations, and the Olmstead decision apply in individual cases.

The Council will continue to monitor these developments and share information as it becomes available.

What can you do?

Whether you support or oppose the DOJ’s action, you can share your views with your elected officials.

People with disabilities, families, and advocates can help federal lawmakers understand why community-based services and disability rights protections matter.

You can share:

• How community-based services affect you or someone you know;
• Why living and taking part in the community is important; and
• How changes to federal disability policies may affect people and families.

Personal stories help lawmakers understand how public policies affect real people.

You can contact your elected officials using these links: contact your U.S. Senators and contact your Congressional Representative.

Whatever your views may be, your voice matters!

Learn More

Read the Council’s earlier article, DOJ Issues Opinion on Integration Mandate, to learn more about the June 2026 legal opinion.

You can also read the DOJ’s July 20, 2026, Federal Register notice for more information about the latest action.