Settlement reached in years-long disability rights case in Minnesota

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People with disabilities in Minnesota celebrated a big win after reaching a settlement in a years-long federal court case that accused the state’s Department of Human Services of segregating individuals by not allowing them to choose where they lived.

The agreement, announced late last week, requires the state to prioritize people with disabilities who, for years, have wanted to live in their own homes or apartments.

Dionne Swanson has lived the last 20 years in a group home in New Hope.

The four-bed house is one of the most common living arrangements for people with disabilities in Minnesota.

“I’ve always lived in a group home,” Swanson said in an interview Monday. “I’ve never been in other settings.”

But the 49-year-old wants to be on her own. That’s why she joined the class-action lawsuit filed in 2016.

Attorneys from Mid-Minnesota Legal Aid argued in the case that the state over-relied on group homes, making it difficult for individuals with disabilities to live on their own.

“There are people who live in these group homes who don’t need 24 hours of care,” said supervising attorney Steven Schmidt, who said their case centered around the lack of options and what attorneys referred to as “a pervasive overreliance on segregated facilities” that discriminated against people with disabilities.

“I think a lot of times when people would call our office or call their case manager to move, they just wouldn’t know where to start,” Schmidt said.

But the settlement is intended to change that, he said. In 2020, DHS launched a new program, Housing Stabilization Services, to help older adults and people with disabilities find and keep housing.

“Every person with a disability should have the opportunity to live where they choose,” a DHS spokesperson wrote in a statement. “DHS recognizes that finding housing is challenging, and we continue to work to improve access for those we serve.”

For Dionne Swanson, the prospect of finally moving out and finding independence is exciting.

“I’ve been waiting so long, and I deserve it,” she said.

The settlement is expected to be approved during a court hearing scheduled for January.