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CT disability rights groups file federal complaints over Lamont administration’s distribution of COVID-19 tests, masks

Hartford Courant - 1/6/2022

Two Connecticut disability rights groups have filed two federal complaints against Gov. Ned Lamont and the state Department of Public Health, alleging discrimination in the distribution of COVID-19 tests and masks.

In the complaints, Disability Rights Connecticut and the Connecticut Legal Rights Project cite the Lamont administration’s decision to recommend but not require that municipalities prioritize people with disabilities in passing out the supplies this week. They argue that disabled people, including some who are unable to leave their homes, were therefore unable to obtain tests and masks as readily as other residents.

The groups on Thursday filed separate complaints to the U.S. Department of Justice and the U.S. Department of Health and Human Services’ Office for Civil Rights.

In a statement Thursday, Disability Rights Connecticut executive director Deborah Dorfman said disabled residents “must be immediately provided with equal access to N95 masks and test kits and other COVID protections and an opportunity to receive reasonable modifications.”

“Each day that goes by without these protections needlessly exacerbates the risk that they will become seriously ill from COVID-19 and serves only to perpetuate disability discrimination,” Dorfman said.

Connecticut last week received more than 400,000 at-home COVID-19 tests and a large shipment of N95 masks, which were allotted to municipalities to be distributed to the public. Some towns gave special priority to high-risk residents, while others passed them out on a first-come-first-served basis.

The disability rights groups originally brought their concerns to Lamont in a letter last weekend. The governor replied Wednesday in a letter of his own, noting that he had directed municipalities to prioritize those most vulnerable to COVID-19.

Sheldon Toubman, a litigation attorney for Disability Rights Connecticut, says that wasn’t enough.

“It’s simple: Just issue a directive to all the municipalities saying they must [prioritize disabled residents,” Taubman said. “And he won’t do it. His letter makes it clear that he’s unwilling to do that.”

Alex Putterman can be reached at aputterman@courant.com.

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