Note: This was actually written a few months ago during our brief lawsuit and the State's unconscionable failure to substantive discuss the issues.
In actuality we learned the hard way we were not going to be able to prosecute our MI Olmstead Class Action by ourselves against several attorneys in the AGs Office in addition to some practical problems of keeping track of our plaintiffs.
We are waiting to see what we are able to accomplish if anything this legislative session before approaching other legal entities for another go at it if we feel that is the best course of action.
The Arguments around the Substantive Systemic Issues have always been strong and is one of the many reasons we strongly favor Administrative Enforcement of Olmstead through the Centers for Medicare and Medicaid Services (CMS) & Housing & Urban Development (HUD) with technical assistance from the US Department of Justice (DOJ).
The State of Colorado so doesn't want to deal with our main claim of Housing and Assertive Community Treatment for people who qualify for the Medicaid Community Mental Health Services (CMHS) Waiver. That failure leads to incarceration and homelessness of thousands of people with mental illness in the State of Colorado. I wonder if I took a little pair of optometrist measuring glasses with me and used them on State officials, if Director Joshua Oppenheimer would make a documentary about what is happening to people with mental illness here and how State Officials are both comically and tragically trying to avoid responsibility. Like BBC Reviewer Mark Kermode after watching "The Look of Silence," after coming back from visiting someone at the jail or going to a court date -- I need to emotionally recuperate. This isn't a situation where we don't know any better, there are no evidence-based practices, we have to re-invent the wheel -- WE DON'T. That makes the State's failure all the more painful.