Disability Advocates, Inc. v. New York Coalition for Quality Assisted Living, Inc, et al., No. 10-235 (2d Cir. 2012)Annotate this Case
The district court ordered the Governor of the State of New York and various state commissioners and agencies to make certain modifications to the State's mental health system to ensure compliance with 28 C.F.R. 35.130(d) - the so-called "integration mandate" of Title II of the Americans with Disabilities Act, 42 U.S.C. 12132, and Section 504 of the Rehabilitation Act, 29 U.S.C. 794. The court held that DAI, a nonprofit organization contracted to provide services to New York's Protection and Advocacy System under the Protection and Advocacy for Individuals with Mental Illness Act, 42 U.S.C. 10801 et seq., lacked standing under Article III to bring the claim. The court also held that the intervention of the United States after the liability phase of the litigation had concluded was insufficient to cure the jurisdictional defect created by DAI's lack of standing. Therefore, the court vacated the judgment and remedial order and dismissed for want of jurisdiction.