Ball v. Kasich: Information and Updates
Last Updated: July 27, 2017
This page contains information, updates, and resources related to Ball v. Kasich, a lawsuit filed by Disability Rights Ohio in U.S. District Court for the Southern District of Ohio against the Governor of Ohio and other state officials on behalf of five individuals and one organization for alleged noncompliance with the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and the Social Security Act. Details of this lawsuit, its purpose, its parties, and its potential effects can be found below. This page will be updated as new developments occur.
The U.S. District Court for the Southern District of Ohio has granted OACB's motion to intervene in the case of Ball v. Kasich as a defendant. This will allow OACB to act on behalf of county boards of DD as a named party in future legal proceedings. The judge's decision to allow OACB to enter the case as a defendant will give county boards a seat at the negotiating table for conversations about the future of Ohio's DD service delivery system.
As stated in the motion to intervene filed in November, OACB's defendant status does not mean that the association or county boards agree with arguments made by any other parties in the case. The court granted OACB's motion to intervene based on its finding that county boards' interests in the case are sufficiently different from the state's to warrant the association becoming a party to the lawsuit.
As always, members with questions about the Ball v. Kasich lawsuit and OACB's role in it can send their inquiries to firstname.lastname@example.org.
Updated July 27, 2017
On Thursday, March 23, 2017, Chief Judge Edmund A. Sargus, Jr. of the U.S. District Court for the Southern District of Ohio issued a ruling denying nearly all of the state defendants’ motions to dismiss the Ball v. Kasich lawsuit.
Updated March 28, 2017
On December 23, attorneys representing the plaintiffs (led by Disability Rights Ohio) filed a motion in the U.S. District Court for the Southern District of Ohio asking the judge to overrule OACB’s request to intervene as a defendant in Ball v. Kasich.
The plaintiff’s attorneys make two main arguments against OACBDD’s right to intervention – (1) the DD Boards have the same interests as the state defendants and, in essence, are agents of the state defendants and (2) the state defendants will adequately represents the interests of all DD Boards.
As would be expected, OACB does not share any of these views, and filed its formal response to Disability Rights Ohio’s motion reiterating the importance of having county boards of DD represented in the lawsuit on January 17. Click here to download OACB's formal response to the court.
A full analysis of DRO’s arguments, including how OACB has responded and what the next steps are in this case, can be downloaded by clicking here.
Click here to download an FAQ document about OACB's original motion to intervene in the Ball v. Kasich lawsuit
Updated January 26, 2017
On November 29, 2016, the Ohio Association of County Boards of DD (OACB) filed a Motion to Intervene as Defendant in Ball v. Kasich, a proposed class-action lawsuit currently before the United States District Court for the Southern District of Ohio. The purpose of this motion is to request that the court permit OACB to formally join the lawsuit as a named party and to act in future proceedings as the single legal representative of Ohio’s 88 county boards of developmental disabilities.
This action was unanimously approved by the OACB Board of Trustees at its regular meeting on October 10, 2016. The board’s action was taken at the recommendation of a special committee the trustees had empaneled for this exclusive purpose. A copy of the filing can be downloaded at www.oacbdd.org/intervention. For information about this recent development, please read the Frequently Asked Questions linked below to learn more.
Updated November 29, 2016
On June 27, 2016, the Ohio Department of Developmental Disabilities (DODD) and the Ohio Department of Medicaid (ODM) jointly filed a motion to dismiss in the Ball v. Kasich lawsuit. Governor Kasich filed a separate motion to dismiss later the same day. The remaining defendant, Opportunities for Ohioans with Disabilities, filed its motion to dismiss on May 9.
The defendants cite several reasons why they believe the lawsuit should not be permitted to continue. The state contends that past lawsuits have already settled the questions posed by Ball v. Kasich. A full summary, including legal definitions, timelines for next steps, and other information, has been assembled in the form of an FAQ document for OACB members and stakeholders. OACB will continue monitoring this lawsuit very closely and will notify members and stakeholders of future developments as they occur.
Updated June 28, 2016
On March 31, 2016, Disability Rights Ohio (DRO) announced that it filed a lawsuit in U.S. federal court against the Governor of Ohio and other state officials on behalf of six individuals and one organization for alleged noncompliance of the Americans with Disabilities Act (ADA), Section 504, and Medicaid requirements.
This litigation has the potential to touch the lives of thousands of Ohioans with developmental disabilities and their families. As such, the Ohio Association of County Boards of DD (OACB) has prepared this document to explore the potential impacts of this litigation on various individuals and organizations in Ohio’s DD system.
DRO claims that the state government has not done enough to prevent Ohioans with developmental disabilities (DD) from being unnecessarily admitted to care facilities that DRO considers to be institutions – places in which people with disabilities live, work, and receive care while separated from the wider community. Click here to read DRO's fact sheet about the lawsuit.
The suit is primarily concerned with intermediate care facilities (ICFs) that have eight or more residents. ICFs are live-in care centers for people with developmental disabilities. DRO’s stated intention is to give residents of these facilities more choices in when and how to receive state-funded residential, employment, and other day services.
Updated April 12, 2016