Judge rejects settlement in Ill. housing lawsuit

A federal judge has rejected a settlement in a class-action lawsuit that had been hailed by some as a historic leap forward for adults with developmental disabilities in Illinois.

Tuesday's ruling by U.S. District Judge James Holderman came as a relief to some who worried the proposed settlement would have forced their family members out of institutions.

Plaintiffs in the case, filed in 2005, claimed Illinois violated their civil rights and the rights of 6,000 disabled people living in 250 large institutions.

The case, known as Ligas vs. Maram, sought to provide adults with developmental disabilities in Illinois the opportunity to live on their own. The agreement would have required the state to provide services to make that possible.

"We're certainly disappointed by the judge's ruling," said Barry Taylor of Chicago-based Equip for Equality, one of several advocacy groups representing the plaintiffs.

"The case has not been dismissed, and the court must still determine whether Illinois is in compliance with the law," Taylor said.

"Our plaintiffs, including Stanley Ligas, and thousands of others in Illinois, want the option to live outside of an institution, to make their own choices about where to live, whom to live with, what to eat and when to eat, and even what to watch on television."

In his ruling, Holderman wrote that the settlement too broadly defines the class of disabled adults to which it would apply. The judge said the definition "fails to restrict the class to developmentally disabled individuals that are eligible for, and desire, community placement."

More than 2,500 objections to the settlement were submitted before a hearing last week.

Lawyers for the plaintiffs said they are considering what to do next. The case will continue as an individual lawsuit, and a hearing is set for July 30.

Industry experts had predicted that some institutions would close because of the settlement. The transition would have cost an undetermined amount of money, although ultimately the new system might have been cheaper than relying on large institutions for care.

A federally funded report ranks Illinois last in the nation for helping such people live more independently.

Marielle Sainvilus, a spokeswoman for the Illinois Department of Human Services, said the state would not comment because the litigation is still pending.