Individuals receiving medication to treat OUD are generally considered disabled under federal civil rights laws. The individuals who were the subject of the complaints in these cases were seeking admission for health issues unrelated to their dependency, but also needed treatment for OUD.
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These issues led to the exclusion of students with disabilities from VCS’s programs and services and, at times, resulted in calls to law enforcement to remove students with disabilities from school, including through the misuse of Florida’s Baker Act procedures. The Baker Act permits the involuntary admission of a person with a mental illness to a psychiatric facility for up to 72 hours if certain criteria are met.
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“The Americans with Disabilities Act mandates that individuals with disabilities have equal access to civic programs, services and facilities. The Civil Rights Division is committed to ensuring that cities and other public entities eliminate physical and communication barriers that prevent individuals with disabilities from participating fully in community life,” said Assistant Attorney General
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