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Writer's pictureStephen Wick

Justice Department Finds Kentucky Violates ADA by Segregating Mentally Ill in Hospitals Instead of Providing Community-Based Care

Updated: Sep 17

U.S. Attorney Michael A. Bennett for the Western District of Kentucky emphasized that the findings highlight Kentucky's failure to provide adequate community-based mental health services, affecting the dignity and potential of individuals with mental illness.


The Justice Department announced today that it has found reasonable cause to believe that Kentucky is breaching the Americans with Disabilities Act (ADA) by segregating adults with serious mental illness in psychiatric hospitals in the Louisville/Jefferson County Metro area, rather than offering care in community settings.


Assistant Attorney General Kristen Clarke of the Civil Rights Division stated, “People with serious mental illnesses in Louisville face a troubling cycle of repeated psychiatric hospitalizations due to the lack of community-based care.” She commended Kentucky for cooperating with the investigation but stressed the need for expanded community services, including crisis response and housing support, to comply with the ADA. The department aims to work with Kentucky to implement appropriate mental health services and ensure the rights of individuals with disabilities.


U.S. Attorney Michael A. Bennett for the Western District of Kentucky emphasized that the findings highlight Kentucky's failure to provide adequate community-based mental health services, affecting the dignity and potential of individuals with mental illness.


“These findings demonstrate that the Commonwealth of Kentucky fails to provide adequate community-based mental health services for individuals with serious mental illness in the Louisville Metro area,”

The investigation revealed that Kentucky's reliance on psychiatric hospitals, rather than offering services like mobile crisis response, case management, and supported employment, constitutes an ADA violation. Many people experience repeated hospitalizations that could be avoided with proper community services. The lack of these services has also led to law enforcement becoming the primary responders to mental health crises, often resulting in unnecessary encounters and incarceration.


Additionally, deficiencies in the Louisville Metro Government’s emergency response system were noted, with a separate investigation in March 2023 finding ADA violations related to unnecessary police responses to behavioral health crises. The Justice Department and Louisville are currently negotiating a consent decree to address these issues.



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