July 26 marks 36 years since President George H.W. Bush signed the Americans with Disabilities Act into law. The law grew out of decades of organizing by disability advocates and prohibited disability discrimination in many areas of American life.

Its effects are visible in curb cuts, accessible restrooms, and accessible parking. But the ADA changed more than the built environment. It also expanded access to employment, transportation, businesses, and government services, affirming the right of people with disabilities to participate in their communities.

As we recognize this anniversary, we are also reminded why those protections remain necessary.

People with disabilities lived independently and participated in their communities long before the ADA became law. But laws, policies, and public systems have not always respected our freedom to decide where and how we live. That struggle continues today.

In June, the U.S. Department of Justice’s Office of Legal Counsel issued a legal opinion on the ADA’s integration mandate (PDF). The U.S. Supreme Court applied the ADA’s integration mandate in its 1999 Olmstead v. L.C. decision, which held that unjustified institutional isolation can be a form of disability discrimination.

The new opinion does not repeal the ADA or overturn Olmstead. However, it argues that Title II of the ADA and Section 504 of the Rehabilitation Act do not impose an integration mandate on states or authorize federal agencies to impose one through regulation.

This interpretation risks reversing decades of progress toward community living.

For me, this issue is about freedom. People with disabilities should have meaningful choices about where we live, whom we live with, and how we participate in our communities.

Too often, people in positions of power assume they know what is best for people with disabilities. This is called paternalism. It replaces our judgment about our own bodies and lives with someone else’s decisions.

Some people may choose or need services in an institutional setting. The issue is whether people who can live in the community with appropriate support are denied that choice.

When people must enter an institution to receive services, they may lose control over where and how they live. In some Medicaid programs for people with intellectual or developmental disabilities, community-based services may also cost less than institutional care.

Freedom and independence are central American values. They must include people with disabilities.

On the ADA’s 36th anniversary, we should celebrate the access the law has made possible and remember the people who fought for it. We should also pay attention when those rights are narrowed or placed at risk.

Community living is not a special privilege. It is part of disability civil rights.

Disability is part of human life. More than 1 in 4 U.S. adults have a disability. Disability must not be a reason to deny people control over their services, bodies, and lives.

We must not go back.

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