Justice Department
The Department of Justice (the Department) is issuing this document to clarify that the guidance issued by the Department on June 22, 2011, and last updated February 28, 2020, titled "Statement of the Department of Justice on Enforcement of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C." (Olmstead Guidance), and similar guidance documents are not enforceable. In addition, the Department plans to revisit the Olmstead Guidance in light of the Supreme Court's decision in Loper Bright Enters. v. Raimondo, 603 U.S. 369, 400 (2024), to assess whether the Olmstead Guidance is consistent with the single best meaning of the relevant statutory text. The Department will not rely upon the Olmstead Guidance in its enforcement of Title II of the Americans with Disabilities Act (ADA).
Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Justice AGENCY: Civil Rights Division, Department of Justice. ACTION: Notice; clarification. SUMMARY: The Department of Justice (the Department) is issuing this document to clarify that the guidance issued by the Department on June 22, 2011, and last updated February 28, 2020, titled “Statement of the Department of Justice on Enforcement of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C. ” ( Olmstead Guidance), and similar guidance documents are not enforceable. In addition, the Department plans to revisit the Olmstead Guidance in light of the Supreme Court's decision in Loper Bright Enters. v. Raimondo, 603 U.S. 369, 400 (2024), to assess whether the Olmstead Guidance is consistent with the single best meaning of the relevant statutory text. The Department will not rely upon the Olmstead Guidance in its enforcement of Title II of the Americans with Disabilities Act (ADA). FOR FURTHER INFORMATION CONTACT: Luis E. Perez, Director, Disability Rights Section, Civil Rights Division, 202-320-6683. SUPPLEMENTARY INFORMATION: On June 22, 2011, the Department issued a guidance document titled, “Statement of the Department of Justice on Enforcement of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C. ”  [ 1 ] The Olmstead Guidance states, “To assist individuals in understanding their rights under Title II of the ADA and its integration mandat…
Citation: 91 FR 45287
