This speech, presented at the "Symposium for the Advancement of Non-Aversive Behavioral Management" by the counselor to the Attorney General and Assistant Attorney General from the U.S. Department of Justice, supports the view that use of aversive procedures on institutionalized severely handicapped individuals is inappropriate. The 14th amendment of the U.S. Constitution guarantees safe living conditions and freedom from unnecessary bodily restraints, and may be violated when aversive stimuli are used. The deference accorded by the court system to professionals caring for institutionalized persons should be challenged when professional judgments are not "presumptively valid," for instance, when institutionalized persons are treated in a manner repugnant to decency norms. The research literature has shown that aversive conditioning has only short-term results, that positive interventions may produce better long-term effects, and that negative side-effects result from aversive interventions. Parental consent to aversive conditioning may be legally defective as parents are sometimes not given full information concerning treatment options. The Civil Rights Division of the U.S. Department of Justice vows to examine vigorously the use of aversive techniques under the Civil Rights of Institutionalized Persons Act and to act swiftly when violations are found. (JDD)