The Latonya Reeves Freedom Act is a federal bipartisan civil rights bill in the United States designed to strengthen and enforce the right of individuals with disabilities to receive longterm services and supports (LTSS) in the community setting of their choice. Named after activist Latonya Reeves a woman who fled institutionalization to live independently the Act aims to codify the principles laid out in the Supreme Court’s 1999 decision in Olmstead v. L.C.. That landmark ruling recognized a qualified right under the Americans with Disabilities Act (ADA) to live within one’s own community rather than in institutions.
Background and Purpose
Latonya Reeves moved to Colorado in 1991 to escape institutional care in Tennessee, and became a powerful advocate for community-based living and disability freedom. After her passing in January 2023, the legislation honoring her seeks to ensure that no one else is forced into a nursing home or similar institution due to lack of options or discriminatory policies. Despite the Olmstead decision, many states and insurers still do not fully comply. The Latonya Reeves Freedom Act builds on the ADA by giving legal force to integration mandates and offering clear protections.
Core Provisions of the Act
Statutory Right to Community-Based LTSS
The bill affirms that every eligible individual with a disability has a federally protected civil right to receive LTSS in the most integrated setting such as their own home or community-based residence if they choose that path
State Planning and Transition Mandates
States and LTSS insurance providers must develop enforceable plans to transition individuals from institutions into community settings. These plans include measurable objectives, timelines, and must be publicly evaluated
Anti-Discrimination Provisions
The Act prohibits public entities and insurers from maintaining policies, rules, or practices that prevent individuals from accessing integrated LTSS such as service caps, waiting lists, or requirements tied to institutional placement
Addressing Disparities
Public entities must evaluate and address disparities in community-based LTSS, particularly for underserved groups including racial minorities and those with mental health disabilities
Housing Rights and Integration
The Act defines the failure to ensure affordable, accessible, integrated housing as a form of discrimination. Importantly, it requires that housing not be tied to receipt of services so individuals may choose housing outside of service-dependent settings
Access to Legal Remedies
Civil action is permitted under the Act, including the right to obtain legal representation and pursue actual or punitive damages. Courts may waive fees and authorize attorneys for eligible individuals
Legislative Status and Support
The Act was introduced in the Senate (S.¯1193) by Senator Michael Bennet and in the House (H.R.¯2708) by Representative Steve Cohen on April 19, 2023
Civil rights organizations like ADAPT and the National Council on Independent Living (NCIL) strongly support the legislation. NCIL has organized petitions urging the House to move H.R.¯2708 to the floor, citing the need to codify protections beyond Olmstead and guard against potential weakening of court precedent
Relationship to the Olmstead Decision
The Olmstead v. L.C. decision recognized that unjustified confinement of individuals with disabilities in institutions can violate Title II of the ADA. However, the decision itself does not create a statutory right, and its interpretation may shift over time with changes in the Supreme Court. The Latonya Reeves Freedom Act ensures that the integration mandate is enshrined in federal law, not merely reliant on judicial precedent
Expected Impact
- Accelerates state compliance with federal disability integration mandates.
- Expands access to person-centered and self-directed LTSS.
- Reduces unnecessary institutionalization and fosters community inclusion.
- Targets systemic disparities in delivery of disability services.
- Establishes enforceable rights and legal remedies.
This legislation has been described as a critical advancement in ensuring disability freedom in the US, honoring Latonya Reeves’s advocacy legacy and broadening civil rights protections
Challenges and Considerations
Some advocacy groups emphasize that the Act could limit choice if it overly favors community living over other acceptable supports, such as institutional or home-based care. Critics argue the bill must not undermine the autonomy of individuals who prefer non-community settings To address these concerns, the bill includes language preserving individual choice even for settings that are less integrated.
Why This Legislation Matters
Strengthening Disability Rights
The Act offers statutory protection to join judicial protections from Olmstead with binding legislative requirements. It creates enforceable rights to community-based living for people with disabilities.
Promoting Equity and Access
By mandating actionable plans to reduce disparities, improve housing access, and increase workforce support, the law aims to make disability rights real for marginalized communities.
Ensuring Durable Legal Protection
Embedding integration rights in statute reduces dependence on potentially reversible court rulings. This provides long-term security for disabled individuals seeking independent lives.
The Latonya Reeves Freedom Act represents a vital effort to enshrine in federal law the right of people with disabilities to live independently in their communities with meaningful control over their services and supports. Inspired by the courage and advocacy of Latonya Reeves, the bill seeks to build on the Olmstead precedent, ensuring that living in an institution cannot be the default when community-based alternatives are available. With enforceable state planning mandates, anti-discrimination provisions, and access to legal remedies, the Act aims to shift long-term disability care toward greater self-determination and equity.
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