Georgia Online Justice Community

Ms. Elaine Wilson, 53, died on December 5th. She was a plaintiff in the case L.C. and E.W. v. Olmstead, decided by the United States Supreme Court in 1999. The case was filed against the state of Georgia, alleging that the Plaintiffs were being segregated in a psychiatric institution when, with propersupports, they could live a more normal, community-based life.

Ms. Wilson intervened in the case in 1995, claiming along with her co-plaintiff, Lois Curtis, that she was being segregated unnecessarily in a state hospital in Georgia. After 5 years of litigation, with the state appealing favorable decisions by the District Court and the 11th Circuit Court of Apeals, the Supreme Court ruled in her favor, holding that the Americans with Disablities Act required that states place persons with disablities in the most integrated setting appropriate to their disability. The case has been called the Brown v. Board of Education case for persons with disabilities. After filing the case, Ms. Wilson was provided with community services and she lived in a home with a friend and care-provider.

Although she had been institutionalized more than 30 times prior to bringing the lawsuit, once she was provided with alternative community-based options, she enjoyed an active life in the community. She developed her own advocacy skills, speaking and presenting in Georgia and in other places in the country about her own experiences and her hopes for the freedom of other institutionalized persons. She was known and loved by many in the disability community who were inspired by her determination and interest in reaching out to others once she finally secured her own freedom.

Phyllis McKay
Atlanta Legal Aid
pmckay_alas@yahoo.com