Declaratory Judgments & REALPOLITIK

What does declaratory relief mean in law?

Declaratory relief refers to a court's judgment stating the rights of parties without ordering any specific action or listing awards for damages.

When a party is requesting a declaratory judgment, the party is seeking an official declaration regarding the status of the controversy in issue.

Declaratory Relief | Wex | US Law | LII / Legal Information Institute ​

The basic idea in applying Declaratory Judgment Law to State Obligations Under Olmstead ----

• There are people with Disabilities Institutionalized and at Great Risk of Institutionalization 
• If there are SHORTAGES of HOUSING & INTENSIVE SERVICES --- that if AVAILABLE COULD PREVENT the INSTITUTIONALIZATION & GREAT RISK of INSTITUTIONALIZATION of Some People with Disabilities, AND
• There is NO COMPREHENSIVE & EFFECTIVELY WORKING OLMSTEAD PLAN  to bring HOUSING & INTENSIVE SERVICES to SCALE  ​

​THEN

• The State does not have a FUNDAMENTAL ALTERATION DEFENSE, and 
• The State is in Violation of Title II of the Americans with Disabilities Act because ---
  • ​The FAILURE TO PROVIDE HOUSING & SERVICES to SCALE is leading to the UNNECESSARY INSTITUTIONALIZATION & GREAT RISK of INSTITUTIONALIZATION of Some People with Disabilities.

FEDERAL ENFORCEMENT

• Reminds me a lot of the US' approach to the WAR in UKRAINE
  • ​We want to help . . . BUT
  • We don't want to put ourselves in an AWKWARD POSITION
• We're NOT talkin' about WWIII -- BUT we are talkin' about a lot of CONFLICT between the FEDS and the STATES with HYPOCRISY on BOTH SIDES
• You would think that Federal Administrative Enforcement of OLMSTEAD is a NO FLY ZONE OVER UKRAINE 
  • ​It's Not.
• ​Why are Colorado and other States DRAGGING OUT COMPLIANCE with OLMSTEAD ---
  • ​Because they can get away with it.

​
Further, you can't really say the STATES aren't doing anything.

BUT STATES are not SUBSTANTIALLY COMPLYING with Olmstead  and SIGNIFICANT SUFFERING of Coloradans and other Americans with Disabilities could be GREATLY REDUCED if they would comply --- FORTHWITH (Immediately without Delay).   ​