PHILADELPHIA, PA — A significant victory for the rights of individuals under court supervision who are being treated for opioid use disorder (OUD) has been secured by the Justice Department. The Unified Judicial System of Pennsylvania (UJS) has agreed to resolve allegations that they violated the Americans with Disabilities Act (ADA) by preventing these individuals from taking legally prescribed medication for their condition.
U.S. Attorney Jacqueline C. Romero announced on Thursday that as part of the agreement, the UJS courts will compensate victims to the tune of $100,000. The courts will also encourage all their components to embrace new policies and train their staff on the requirements of the ADA regarding OUD. They are also required to report on their efforts to comply with these new stipulations.
The settlement brings to an end a lawsuit filed by the Justice Department in 2022 against the UJS, Supreme Court of Pennsylvania, and Blair, Jefferson, Lackawanna, and Northumberland County Courts of Common Pleas. The suit alleged that these courts caused significant harm by enforcing their discriminatory administrative policies.
The department further claimed that those affected were faced with a cruel choice: take their medication and risk incarceration or termination from their treatment program, or forgo their medication and endure painful withdrawal symptoms, risking relapse, overdose, and even death. As a result, they suffered significant harm. The complaint suggested that many other individuals with OUD were likely harmed by the enforcement of these discriminatory policies.
Romero stated, “My office is dedicated to fighting the opioid epidemic with every tool that we have. That includes enforcing the ADA to remove discriminatory barriers to treatment for OUD.”
Under the terms of the agreement, all Pennsylvania state court criminal judges and treatment court professionals will undergo training on the ADA and OUD medication. Several of the named county courts will adopt a robust anti-discrimination policy related to OUD medication. The Administrative Office of Pennsylvania Courts will encourage all other county courts to adopt the same policy.
This settlement is a significant step forward in the Justice Department’s efforts to combat discrimination against individuals with OUD and to remove discriminatory barriers to treatment. The Department has previously issued public guidance and filed statements of interest on the ADA’s protections for those with OUD, and has entered into multiple settlements with jails and prisons to increase access to OUD medication.
U.S. Attorney Romero and Deputy Civil Chief for Civil Rights Lauren DeBruicker handled this matter for the Eastern District of Pennsylvania, collaborating with attorneys from the Disability Rights Section of the Justice Department’s Civil Rights Division and Middle District of Pennsylvania Assistant United States Attorney and Civil Rights Coordinator Michael J. Butler.
To learn more about the Justice Department’s efforts to combat discrimination against individuals with opioid use disorder, click here. For additional information on the ADA, reach out to the Department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov.
Members of the public have the option to report potential civil rights violations at civilrights.justice.gov/report. Additionally, individuals within the Eastern District of Pennsylvania can contact the U.S. Attorney’s Office for the Eastern District of Pennsylvania at 215-861-8555 or via email at USAPAE.civilrights@usdoj.gov to report civil rights violations.
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