We Went 3 for 3 in the Federal Court of Appeals!
Three cases, three wins, three game-changers for disability rights.
People with disabilities in Oregon have always faced attacks on our rights and, these days, the assaults can sometimes feel overwhelming. Kids in state care are being abused and neglected. Adults with mental illness are stuck in jail without help. Students still can't get a full day of school. The state keeps breaking the law and hurting the most vulnerable people.
But we stepped up to the plate this summer in the most high-stakes court in the West —and we knocked it out of the park! We went 3 for 3 in the U.S. Court of Appeals for the Ninth Circuit. Three cases, three wins, three game-changers for disability rights.
Victory #1: Protecting ALL Kids under DHS’s Watch
The Case: Wyatt B. v. Kotek
What Happened: Oregon tried to exclude hundreds of children. Thanks to a class-action settlement agreement finally reached in 2024, the state is under a court order to transform the foster care system for thousands of kids. But they said it only counted for children and youth in the Oregon Department of Human Service’s (DHS’s) physical custody. What about foster care kids DHS ordered back to their parents but still being watched by the Department? Oregon said, "not our problem."
The Ninth Circuit said NO. All kids under state’s care deserve protection — even if they're still living with a parent.
Why This Matters: This victory protects 10-15% of kids in DHS legal custody. That's hundreds of kids who Oregon tried to abandon. Ten kids on the state's watch list already died in just three months of 2025. Some were living at home. Now these kids will finally get the help they deserve, too..
Victory #2: Keeping the Pressure On for Mental Health Care
The Case: Oregon Advocacy Center v. Mink
What Happened: For 7 years — that's right, SEVEN years — Oregon has been violating a federal court order. People who can't help in their defense because of mental illness should get treatment in 7 days. Instead, Oregon left them rotting in jail for up to 50 days. At least two people died waiting.
In June 2025, a federal court in Oregon held the state in contempt for breaking the law and ordered daily sanctions be paid for every day a person is held over 7 days in jail before being transferred to the Oregon State Hospital. Then Marion County tried to butt in, again, and mess with the case. The Ninth Circuit said NO — Marion County can't interfere with getting people the help they need.
Why This Matters: No one should die in a jail cell waiting for mental health care. The Ninth Circuit made sure the state can’t slow down the fight to get people treatment fast.
Victory #3: Full School Days for All Students
The Case: J.N. v. Oregon Department of Education
What Happened: Kids with disabilities in Oregon aren’t getting full school days like other students, so we sued the state and strongly advocated for the passage of Senate Bill 819. This summer, Oregon argued the class-action lawsuit should go away because the new law had fixed the problem.
The Ninth Circuit saw right through it. It agreed with Disability Rights Oregon: Senate Bill 819 cannot fix the problem as long as ODE refuses to enforce the new law. Oregon must give kids with disabilities the fair and appropriate public education to which they have a right. The three-judge panel sent the case back to court.
Why This Matters: Every child deserves a full day of learning. We’ll keep fighting until kids with disabilities get the public education they need to thrive in our communities for decades to come.
What Going 3 for 3 Means
These three victories prove something powerful: when we fight together, we can beat a system that discriminates against and harms people with disabilities.
Going 3 for 3 in the Ninth Circuit — which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, and two Pacific territories — sends a clear message to Oregon: Stop breaking the law. Stop hurting vulnerable people. Follow the rules or face the consequences.
With our community’s support, we'll keep watching Oregon to make sure the state follows through. We'll keep fighting until every person with a disability gets the respect, care, and protection we deserve.
When anyone attacks our community, we step up to the plate. And we go 3 for 3.
