On March 30, the Court handling Disability Rights Ohio's lawsuit against the Department issued a decision on DRO’s motion for class certification. We are pleased that the Court recognized the need to significantly narrow DRO’s proposed class.
To provide a bit of context for those of you who may not have been following this case closely, DRO filed a complaint in 2016, relying on attorneys from three different out-of-state law firms. This filing occurred
after
the governor and the legislature, focused on enhancing community-based services, invested over $300 million in the DD system. This investment was the largest infusion of new money the Department has ever received.
As time has gone on, the scope of this case has become much smaller. When DRO filed the lawsuit in March 2016, they said it represented 27,800 Ohioans. By August 2016, when it first moved for a class, it said it represented 11,500 Ohioans. In October 2017, DRO again reduced its figure, saying it represented “hundreds if not thousands.” The Court, in its class decision, has now narrowed this already smaller class even further.
Since the case was filed, other stakeholders with diverse viewpoints, such as the Ohio Association of County Boards and families and guardians of people with developmental disabilities, have also asked to become involved. The Court, over DRO’s objections, has allowed these voices to join the case. The recent class decision further reflects the many competing interests at stake in this complex field. The Department is already serving people both inside and outside the certified class, and it will continue to do so — balancing everyone’s different needs and preferences. We anticipate DRO will continue to pursue this expensive, time-consuming litigation. But we will continue to defend our system, which is constantly being improved through our many stakeholders’ collaborative efforts.
John Martin
Director
