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Hochul breaks silence on DOJ Olmstead memo: 'We understand what is at stake'

Gov. Kathy Hochul with her hand raised, wearing green, in front of a "WE ARE NY" monitor.
Don Pollard
/
Office of the Governor
Gov. Kathy Hochul gives a COVID-19 briefing in New York Jan. 11, 2022.

Governor Kathy Hochul has broken her silence on the U.S. Department of Justice memo challenging disabled peoples' right to live as integrated as possible in their communities.

BTPM NPR reached out to the governor's office on Wednesday while activists flooded public comment at a statewide government committee meeting, questioning why Governor Kathy Hochul had not made any assurances to her disabled constituents.

A statement from Hochul was provided to BTPM NPR via email on Thursday morning:

“Olmstead v L.C. is one of the most significant civil rights decisions for people with disabilities in our nation’s history. The promise of Olmstead is clear: people with disabilities deserve to live, work, and participate fully in their communities. In New York, we understand what is at stake and will continue to fiercely prioritize access to services that enable people to live with dignity and autonomy in the community."

The statement from New York's top elected official comes a week after the DOJ released the memo, which argues states don’t have to provide home and community based services, which have long helped reduce institutionalization.

Both the state's chief disability officer and Office for People with Developmental Disabilities, or OPWDD, commissioner commented on the memo online and during the quarterly meeting of the New York State Most Integrated Setting Coordinating Council, or MISCC, on Wednesday.

OPWDD Commissioner Willow Baer said in the meeting the memo "has really no impact on New York," because the state has already codified many protections into their own laws.

However, while activists expressed their appreciation of the high-ranking officials' statements during the Wednesday MISCC meeting, they expressed grave concern with a lack of comment from their elected Democratic governor.

"We can't help but note that the governor has not provided that assurance herself, and it cannot be said that she does not weigh in on federal issues," Bryan O'Malley from the Center for Disability Rights, said in the MISCC meeting.

Some advocates also cited the governor's handling of the state's Medicaid-funded home care system, which was also the topic of separate DOJ action last week, as part of their concern with her silence.

"The idea that Governor Hochul says now she has our back regarding community-based services, I don’t see that. I don’t see that at all," activist Angela Harmer said in the meeting Wednesday.

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Emyle Watkins is an investigative journalist covering disability for BTPM.