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November 9, 2021

Title II of the ADA- Disability Law and Policy

There is a City-run nursing home that has one unit dedicated to young adults from the ages of 12 years old to 25 years old with developmental disabilities. Most of the people in the unit (about 15 -18 residents) use wheelchairs, are nonverbal, and/or have developmental disabilities. Most of them have a diagnosis of cerebral palsy and while some of the residents use g-tubes for feeding, none have a need for daily medical care.

When you visit the nursing home, you see that the residents live in one wing of the nursing home. They have their own day room and an outside area that only they can access. Additionally, they have their own staff that includes nurses, recreational, physical and occupational therapists. The nursing home has some sort of a daily schedule for the residents. And, those residents who are under 21 leave the facility each day to attend school.

Questions:

1. Imagine you work as an advocate in the city where the nursing home is located and you discover this particular unit dedicated to individuals with developmental disabilities. How would you argue that the City is violating the ADA?

2. As the advocate, assume you were able to raise the actions of the city in a lawsuit, what questions should the court ask in order to consider whether these individuals should be moved from the nursing home?

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