Ill. League of Advocates for the Developmentally Disabled v. Ill. Dept. of Human Services

Dist. Ct. did not err in denying plaintiffs’ request for issuance of preliminary injunction in action under ADA and section 504 of Rehabilitation Act seeking to bar defendant from: (1) assessing disabled residents living in state-operated developmental center (SODC) in Centralia for purpose of potential placement of said individuals in community-based facilities; and (2) closing Centralia SODC during pendency of underlying lawsuit, under circumstances where underlying lawsuit essentially challenged defendant’s decision to close Centralia SODC. Plaintiff failed to show existence of irreparable harm during pendency of lawsuit so as to support issuance of preliminary injunction, where: (1) guardians of instant residents had ability to block any transfer to community-based facility; (2) plaintiffs conceded that they had no right to placement at Centralia SODC; and (3) said residents could be placed in other SODCs, should Centralia facility ever close. Ct. further noted that: (1) plaintiffs had failed to establish that residents of community-based facilities are treated on average worse than residents living in SODCs; and (2) grant of preliminary injunction would impose costs on defendant that could not be recouped.