In a new lawsuit, 17 states sue to do away with 504 protections

A high-stakes lawsuit, Texas v. Becerra, is currently making its way through the courts, threatening crucial protections for people with disabilities under Section 504 of the Rehabilitation Act. Seventeen states have challenged the federal government’s updated rules, putting at risk decades of legal safeguards that ensure accessibility in education, healthcare, and other public services.

In this case, a coalition of 17 states ( Alaska, Alabama, Arkansas, Flordia, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Texas, Utah, and West Virginia) has sued the U.S. government, arguing that Section 504 is unconstitutional and should be eliminated. If successful, the lawsuit could dismantle essential protections that prevent discrimination against people with disabilities.

What is Section 504?

Section 504 of the Rehabilitation Act, first implemented in 1977, prohibits discrimination against individuals with disabilities by entities that receive federal funding. The law mandates that schools, hospitals, and other federally funded institutions provide equal access and accommodations to disabled individuals. The U.S. Department of Health and Human Services (HHS) recently updated the rules under Section 504 in 2024, incorporating stronger protections based on extensive input from disability advocates.

These regulations require schools to provide appropriate support for students with disabilities, ensure that hospitals have sign language interpreters, mandate captioning for videos, and require accessible medical equipment for wheelchair users.

Why the Lawsuit Matters

The states behind Texas v. Becerra argue that the federal government overstepped its authority in implementing the updated Section 504 rules. However, rather than targeting specific provisions, the lawsuit seeks to dismantle Section 504 in its entirety. If successful, this case could strip away fundamental protections, making it easier for discrimination against disabled individuals to go unchallenged.

What Comes Next?

The legal process is already underway. By February 25, 2025, both the 17 states and the federal government will submit legal briefs outlining their positions. Other states that support Section 504 may also file documents in its defense. Disability advocacy organizations are expected to submit amicus briefs—legal arguments from non-parties explaining the broader implications of the case.

Once the court reviews all submitted documents, a ruling will be issued. The outcome will shape the future of disability rights and accessibility laws in the United States.