Protection from institutionalization for disabled people has been a federally guaranteed right since the landmark 1999 Supreme Court decision in Olmstead v. L.C.. This ruling affirmed that unjustified segregation of disabled individuals constitutes discrimination under the Americans with Disabilities Act. Now, Colorado disability advocates are taking steps to further strengthen those protections at the state level. A bill ensuring that right is written into Colorado law has successfully advanced through a key legislative hurdle, passing a House of Representatives committee earlier this week.
For disability advocates, this fight is about more than legal protections—it’s about fundamental human rights.
“People with disabilities are part of the community and they deserve to be included,” said Molly Kirkham, a longtime advocate for disability rights.
Kirkham, who has a rare developmental disability known as ACT-B, understands firsthand the barriers that people with disabilities face.
“It affects more, not physically, but like math skills, speech, language,” Kirkham explained.
Despite these challenges, Kirkham has dedicated her life to advocacy. After years of raising awareness and sharing her experiences, she became a policy advocate for the Arc of Colorado, a nonprofit organization supporting individuals with intellectual and developmental disabilities.
“I always wanted to be involved in making change and making sure people are heard,” Kirkham said.
Her passion for advocacy is deeply personal. She draws inspiration from her family history, particularly the experiences of her great-aunt, who lived through a time when institutionalization was the norm rather than the exception.
“So my great-aunt Tipi was born in Florida,” Kirkham recounted. “She had more severe disabilities, and back in the 1950s she was institutionalized in Sunland. So she was there for many years. Her mom finally got her out, but my great-aunt always associated Sunland as a bad thing.”
Sunland, a notorious network of state-run institutions, was emblematic of an era when disabled individuals were often isolated from society rather than supported within their communities. Kirkham’s great-aunt was one of the many who endured years of segregation simply because she had a disability.
The Olmstead decision changed the landscape of disability rights in the U.S. by affirming that disabled individuals have the right to live in the most integrated setting possible.
“It’s what allows people, or people with disabilities to stay at home and receive care without being institutionalized,” Kirkham said.
However, disability advocates in Colorado fear that without strong state-level protections, federal shifts in funding and legal priorities could weaken these hard-won rights. That’s why they are championing House Bill 25-1017, which would not only reaffirm the right to community-based services but also require public entities to provide them in the least restrictive environment possible. Additionally, the bill mandates the creation of a comprehensive community integration plan to guide the state’s efforts in protecting disabled people from unnecessary institutionalization.
For Kirkham and many others, this bill is about ensuring dignity, respect, and visibility for individuals with disabilities.
“To me, it’s about making sure that we are seen and can be part of the community,” Kirkham said.
Her commitment to this cause was evident on Tuesday when she testified before lawmakers, sharing her personal experiences and emphasizing the importance of inclusion.
“The main point of my message was about dignity and making sure people with disabilities are not hidden away,” she said.
Her words resonated with legislators, and the bill passed the House Health and Human Services Committee unanimously. But despite this early success, the bill still faces challenges—particularly regarding its cost.
According to estimates from Disability Law Colorado, implementing the bill would require an initial investment of $500,000. However, the Colorado Department of Health Care Policy and Financing projects that costs could rise to $600,000 in the first year alone, with potential annual expenses reaching up to $4 million. These funds would be sourced from the CDFC license plate funds and allocated to the Colorado Disability Opportunity Office, which would oversee the bill’s implementation.
While the financial aspect of the bill presents an obstacle, Kirkham remains hopeful.
“For me, it’s a fear, but it’s also optimism, especially after yesterday, that people are willing to stand up,” she said.
House Bill 25-1017 is sponsored by state Reps. Chad Clifford and Meg Froelich, along with state Sen. Dafna Michaelson Jenet. With its passage through committee, the bill now moves to the Appropriations Committee for further consideration. If it clears that stage, it will proceed to a full vote in the House and Senate before reaching Gov. Jared Polis’ desk for final approval.
Disability advocates across the state are closely watching its progress, knowing that the outcome could have lasting implications for protecting disabled people in Colorado.
Transform Lives with Gracious Growth ABA Today!
At Gracious Growth ABA, we are dedicated to helping children thrive through personalized, evidence-based ABA therapy. Our compassionate team tailors interventions to meet each child’s unique needs, fostering meaningful progress in communication, social skills, and daily living activities. We believe in empowering families with the tools and support needed for long-term success. If you’re seeking high-quality autism services in Colorado, we’re here to guide you every step of the way. Contact us today to learn how our expert ABA therapy can make a lasting impact on your child’s development!
