Changes in Oregon law in past three decades

Bob Joondeph, Governor Barbara Roberts, Eva Kutas, Ella Johnson, Mary Byrkit, Senator Bob Shoemaker signing Mandatory Abuse Reporting Bill 1991

Below is a list of changes in Oregon disability rights law during Bob Joondeph’s tenure:

1983: Bush v. Greyhound decided by the Oregon Supreme Court finding that a person denied transport on a bus due to their using a wheelchair can challenged that denial under Oregon law.

1983: Kerr Center Parents Assn. v. Charles, Federal District Court decision finding that the State has a duty to assure funding of special education services for children in residential placements.

1983:  Abolishment of the Board of Social Protection

1986: U.S. v. Oregon filed, case that resulted in the closing of Fairview Training Center

1990: Grant v. Johnson filed., successfully challenging the lack of notice in temporary guardianship proceedings.

1993: Five Deaths at Dammasch Hospital published which demonstrated dangerous conditions at the state hospital.

1995: Dammasch State Hospital closed.

1996: Charles B. v. Kitzhaber filed which successfully challenged overcrowded conditions at Oregon State Hospital.

2000: Staley v. Kitzhaber filed which resulted in a settlement agreement that created a new community-based service system for individuals with intellectual and developmental disabilities.

2000: Fairview closed.

2000: Miranda B. v. Kitzhaber filed successfully challenging dangerous conditions at OSH.

2000: Stewman v. Regal Theaters filed, successfully challenging the lack of equal access for people with mobility disabilities to stadium seating in movie theaters.

2001: OAC v. Mink filed, successfully challenging the practice of leaving defendants in jail who were ordered to receive restorative mental health treatment.

2002:  Gov. Kitzhaber’s Proclamation of Human Rights Day, and apology for Oregon’s forced sterilization of institutionalized patients.

2002: Bartow v. Mink filed, successfully challenging poor medical care and the lack of medical emergency capacity at the state hospital.

2005: Harmon v. Fickle filed successfully challenging overcrowding at OSH.

2006: Fulkerson v. Bend filed, successfully challenging an inaccessible fixed route bus system in Bend.

2008: USDOJ investigation finds OSH violates patient rights due to poor hospital conditions and failure to complete timely discharges.

2008: Freeman v. Goldberg filed which enforced the right for in-home care for those inappropriately slated for nursing home placement.

2008: Columbia Care v. City of Milwaukie filed, enforcing the right under the Fair Housing Act for people with disabilities to live in a residential community..

2009: Nohrenberg v. Sumners filed successfully challenging poor medical services in a county jail.

2012: New OSH building opened.

2012: Lane v. Brown filed, successfully challenging the failure to provide integrated employment services to individuals with intellectual and developmental disabilities.

2013: New state hospital at Junction City opened, despite DRO opposition.

2014: Burlingame v. Colvin filed which successfully blocked the action of the Social Security Administration to leave hundreds of beneficiaries without a representative payee.

2016: MOU with the Oregon Department of Corrections to improve mental health services and reduce solitary confinement of prisons with mental illness.

2016: AOCIL v. ODOT filed which resulted in a court-enforceable plan to provide curb cuts on state highways and roads.

2016: State signs Oregon Performance Plan with USDOJ to enforce rights of state hospital patients to timely discharge.

2017: CS v. Saiki filed which successfully challenged lack of adequate notice and justification for cuts in in-home services for seniors and people with physical disabilities.

2017: MOU with DHS to improve its process for determining the need for in-home care services and providing adequate notice to those slated for reduction in services.

2018: DRO joins with the Mental Health Association of Portland and Cascadia Behavioral Health to successfully petition to become a “Friend of the Court” in the ongoing case (US v. Portland) challenging the use of force against people with psychiatric disabilities.