[Federal Register Volume 91, Number 137 (Monday, July 20, 2026)]
[Notices]
[Pages 45287-45288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-14566]
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DEPARTMENT OF JUSTICE
Clarification on Department of Justice Guidance 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.''
AGENCY: Civil Rights Division, Department of Justice.
ACTION: Notice; clarification.
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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 mandate, and to assist state
and local governments in complying with the ADA, the Department of
Justice has created this technical assistance guide.'' It provides
eighteen questions and answers regarding enforcement of the Supreme
Court's decision in Olmstead v. L.C., 527 U.S. 581 (1999).
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\1\ U.S. Dep't of Just., 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., ADA.gov (last
updated Feb. 28, 2020), https://www.ada.gov/resources/olmstead-mandate-statement/ [https://perma.cc/65V6-QGXW].
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The Olmstead Guidance concludes: ``Guidance documents posted to
this website are not intended to be a final agency action, have no
legally binding effect, and have no force or effect of law. The
documents may be rescinded or modified in the Department's complete
discretion, in accordance with applicable laws. The Department's
guidance documents, including this guidance, do not establish legally
enforceable responsibilities beyond what is required by the terms of
the applicable statutes, regulations, or binding judicial precedent.''
\2\ This is consistent with Supreme Court jurisprudence, which has held
that guidance documents ``do not have the force and effect of law.''
Perez v. Mortgage Bankers Ass'n, 575 U.S. 92, 97 (2015) (quoting
Shalala v. Guernsey Mem'l Hosp., 514 U.S. 87, 99 (1995)). Despite the
non-enforceable nature of the Olmstead Guidance, numerous courts have
treated the Olmstead Guidance as authoritative. See Davis v. Shah, 821
F.3d 231, 263 (2d Cir. 2016); Pashby v. Delia, 709 F.3d 307, 322 (4th
Cir. 2013); Waskul v. Washtenaw Cnty. Cmty. Mental Health, 979 F.3d
426, 460-61 (6th Cir. 2020); Steimel v. Wernert, 823 F.3d 902, 914 (7th
Cir.
[[Page 45288]]
2016); but see United States v. Mississippi, 82 F.4th 387, 393-94 (5th
Cir. 2023). The Department is concerned about confusion over the non-
enforceable nature of the Olmstead Guidance and issues this
clarification that the Olmstead Guidance is not enforceable.
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\2\ See also U.S. Dep't of Just., Just. Manual Sec. 1-19.000
(last updated Apr. 2022), https://www.justice.gov/jm/1-19000-limitation-issuance-guidance-documents-1 [https://perma.cc/E35H-F7FF].
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Further, the Olmstead Guidance was issued prior to the Supreme
Court's decision in Loper Bright, 603 U.S. at 400, which held that
agency interpretations must be consistent with the ``single, best
meaning'' of the statute authorizing them. For these reasons, the
Department plans to revisit the Olmstead Guidance in light of Loper
Bright to determine whether the Olmstead Guidance is consistent with
the ``single, best meaning'' of the ADA. The Department will not rely
upon the Olmstead Guidance in its enforcement of Title II of the ADA.
Dated: July 13, 2026.
Harmeet K. Dhillon,
Assistant Attorney General, Department of Justice.
[FR Doc. 2026-14566 Filed 7-17-26; 8:45 am]
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