Del Papa’s challenge to ADA provision sparks controversy

Thursday, Feb. 11, 1999 | 9:12 a.m.

Del Papa says the Department of Human Resources told her the state may be forced to pay between $5 million and $10 million if community services are mandated.

The attorney general signed on to a lawsuit brought by Georgia. The suing states are urging the U.S. Supreme Court to hear the case in July.

The lawsuit challenges a provision of the ADA mandating treatment and rehabilitation for mentally disabled persons in a community placement setting. The lawsuit contends that appropriate treatment can be given in a state mental institution.

"This was a legal decision," Del Papa said. "The question is where these services are to be provided. Every day we are struggling with the resources we have."

Originally, 22 states joined the lawsuit, but 10 decided to withdraw their support.

State HRD chief Charlotte Crawford said the $5 million-$10 million is a projection of what the state may have to pay if the Supreme Court upholds the ADA argument. She said Congress never intended the states to pay for community services.

Critics say Del Papa's decision shows that she has more concern for the HRD budget than for people who need help.

"We think the attorney general is supposed to be responsible to the citizens of Nevada," said Jill Smith, advocacy director for the Nevada Disability Advocacy and Law Center.

Mary Evilsizer, executive director of the Southern Nevada Center for Independent Living, said studies show that disabled people do better when they are integrated into the community, rather than remaining institutionalized. She also said care for disabled people in the community is less expensive than in a mental hospital or nursing home.

Disability advocacy groups in southern and northern Nevada that have voiced opposition to Del Papa's decision include: Opportunity Village, the Nevada Association for the Handicapped, Council on Developmental Disabilities, Nevada State Alliance for the Mentally Ill, American Civil Liberties Union and Nevada Community Enrichment Program.