MR/DD lawsuit finally over

March 5, 2007 - After languishing in the court system for years, the “Martin” lawsuit has finally been settled. This week in Federal District Court for the Southern District of Ohio, Judge Edmund Sargus, Jr. accepted a motion to approve a settlement in the case.

OCSEA activists in the Department of Mental Retardation and Developmental Disabilities are well familiar with the Martin lawsuit that has been hanging over the heads of individuals served in the state’s Developmental Centers for almost two decades.

The settlement will create 1,500 new waiver slots funded by the state. Read details of the settlement here.

Unlike past settlements, this one protects the choice of individuals living in DCs. The judge very firmly indicated that the current settlement does not require anyone to leave a facility where they currently live nor will it require the closure of any DC.

“No one would ever be made to leave. They would have to ask to leave,” he indicated in his statement.

The only wrinkle with the settlement will be figuring out how to fund its $37 million price tag. Union activists have begun conversations with legislators, ODMR/DD and their coalition partners the League for the Mentally Retarded to come up with solutions.

According to the settlement, the state must request money to fund the waivers in the 2007-2008 budget. It is important to note, however, that the settlement could become void if the legislature does not fund it.

See Related

Martin Court Settlement (PDF)

Signed Consent Order (PDF)

Approving Settlement (PDF)

MRDD Toolbox