First unannounced home inspections that violate the Fourth Amendment, now unconstitutional travel restrictions for people who require waiver services (such as hands-on care) when traveling? DODD is on a roll, and it's up to Ohio citizens to stop them.
A new proposed rule, which affects waiver recipients of all ages who need Shared Living or Homemaker Personal Care services while traveling, limits out of state travel to 60 days per waiver span and requires people with developmental disabilities to have any out of state travel longer than 4 days added to their service plan. DODD is letting the 30-day comment period for the waiver applications tick by while keeping the rule itself hidden from the public.
We need as many people as possible to send comments opposing this latest authoritarian overstep. It only takes one minute to participate. Here's what to do:
Open up a blank email. Put waiverfeedback@dodd.ohio.gov in the "To" field.
In the subject field, type: "Comment Against Unconstitutional Proposed Travel Restrictions on Ohio’s Developmental Disabilities Waivers" (or whatever you want as a subject).
Type out your comment. Our suggested comment is below, but you can write whatever you want. Hint: This is a public record, so don't include your loved one's name or private medical information.
Hit send!
Ask three friends, family members, or neighbors to do the same. If DODD only hears from 20 people, they will likely move forward with this unconstitutional new policy, and we will have to file yet another lawsuit. But if they hear from 200 people, maybe they will listen. You can really help our legal team save precious time and resources by sending comments and sharing with friends and family members who will also participate!
Suggested Comments:
To Whom It May Concern:
I am writing to express my strong opposition to the unconstitutional and discriminatory proposed travel restrictions imposed on people with developmental disabilities who cannot travel without the waiver services they receive under Ohio’s Level 1, SELF, or Individual Options (IO) waivers, including Homemaker/Personal Care (HPC) and Shared Living services. Specifically, I am opposed to the 60-day limit and the need to add all travel longer than four days to the ISP. These restrictions would violate fundamental rights guaranteed by both the U.S. Constitution and the Ohio Disability Bill of Rights. Furthermore, the proposed policy would treat people with disabilities as though they are criminals rather than recognizing them as full citizens with the same rights and freedoms as their non-disabled peers.
In addition, the waiver applications reference OAC 5123-9-08, a rule that the Ohio Department of Developmental Disabilities has quietly circulated among a cherry-picked group of insiders while keeping the broader public in the dark. Despite this appalling lack of transparency, the comment period for the rule’s application to the waivers is rapidly closing, shutting out meaningful input from the very people it will impact the most.
Though we cannot review this administrative rule due to DODD’s secrecy, it is clear that the travel restrictions outlined in the Level 1, SELF, and IO waiver applications violate multiple provisions of the U.S. Constitution:
Right to Travel (Privileges and Immunities Clause, Article IV, Section 2 & the Fourteenth Amendment): The Supreme Court has repeatedly affirmed that U.S. citizens have a fundamental right to travel freely between states. Ohio’s policy, which mandates pre-approval for travel longer than four days and limits total travel to 60 days per waiver span, unlawfully restricts this right for people with developmental disabilities. This policy also favors individuals with mild disabilities while discriminating against those with higher care needs, as it appears to allow waiver recipients to travel freely only if they forgo their waiver services—an impossibility for many with significant disabilities.
Due Process Clause (Fifth and Fourteenth Amendments): These restrictions place an undue burden on individuals with disabilities without due process. The requirement that any travel longer than four days be pre-approved in an Individual Service Plan (ISP)—which is subject to extremely slow bureaucratic processes—means that people with disabilities are effectively barred from making last-minute travel plans, even in emergencies.
Equal Protection Clause (Fourteenth Amendment): By imposing travel restrictions only on people with disabilities who require waiver services while traveling, the state is engaging in unconstitutional discrimination. No other group of citizens is required to obtain government pre-approval before traveling, making this a clear violation of equal protection under the law.
The proposed policy is also a direct violation of the Ohio Disability Bill of Rights, ORC Section 5123.62 (N), which guarantees people with disabilities the same legal rights and privileges as every other citizen. This includes:
The right to freedom of movement without unnecessary government interference
The right to participate fully in community life, including the ability to travel freely for personal, family, medical, and leisure purposes
The right to equal treatment and to be free from discrimination
DODD’s argument that these travel restrictions are necessary for 'ensuring health and safety' is both paternalistic and unfounded. People with disabilities should not have their fundamental freedoms stripped away under the guise of authoritarian micromanagement. This policy treats people with disabilities like helpless dependents who cannot survive without constant government surveillance, rather than individuals with the same fundamental rights as any other American.
Ohio’s waiver policies increasingly resemble a system of control and surveillance rather than one of support and independence. The proposed travel restrictions, combined with the illegal practice of unannounced home inspections, create a growing authoritarian trend in which people with disabilities are treated as though they are criminals or parolees. This is unacceptable in a free society.
Moreover, this proposed policy will be enforced by Service and Support Administrators (SSAs), who have openly demonstrated hostility toward disability families, as evidenced by the widely publicized recording in which SSAs referred to these Ohioans as “greedy,” “lazy,” and “mental.” These administrators should not be given unchecked power over individuals’ basic constitutional rights.
Even if this policy were not blatantly unconstitutional, it is unrealistic and burdensome. The policy defines “extended travel” as any trip longer than four days—shorter than the typical American family vacation. Most family vacations, medical treatment trips, or educational opportunities exceed this arbitrary limit. Requiring ISP documentation for travel is not only unconstitutional but also an overwhelming administrative burden. ISPs require multiple signatures and approvals, meaning individuals could be effectively trapped in Ohio simply due to bureaucratic delays. This policy also creates unnecessary stress for families facing emergencies, such as out-of-state funerals or urgent medical care.
I urge you to take immediate action to remove these unconstitutional and discriminatory travel restrictions from Ohio’s Level 1, SELF, and Individual Options waiver applications. People with disabilities have the right to move freely, just like any other American citizen.
The increasing erosion of disability rights in Ohio is deeply alarming. We must not allow government overreach to strip individuals of their dignity, autonomy, and constitutional protections. I urge you to remove these unjust policies from Ohio’s waiver applications.
Sincerely,
[Your Name]