504s Are Under Attack in Texas v. Becerra
TIMELINE & LINKS/RESOURCES
00:00 Introduction and Personal Update
01:11 Overview of Texas v. Becerra
02:12 Understanding Section 504
03:38 Impact of Section 504
09:32 The Current Legal Battle
10:52 Call to Action and Conclusion
Brief overview from the Disability Rights Education & Defense Fund that hits the highlights of Section 504 and the Texas v. Becerra case
Time magazine essay from disabled self-advocate, Rebekah Taussig, detailing more of the history of Section 504 and the Disability Rights Movement
5 Calls App: Easy to use, free tool for making calls to your political representative to make your voice heard
Understanding the Impact of Section 504 and Texas v. Becerra
Introduction
I recently took a week off to dive deep into an important topic that's been in the headlines—Section 504 and the ongoing lawsuit Texas v. Becerra. I wanted to take the time to thoroughly research and understand the history and significance of Section 504, as well as the implications of this legal challenge. Let me share what I've learned so far, as it's crucial information that affects all of us, whether or not we have children in school. Let's jump right in, starting with the basics.
What is Section 504?
Section 504 is a fundamental piece of language from the Rehabilitation Act of 1973. Although it's just a brief paragraph, it holds enormous significance as it prohibits all entities receiving federal funding from discriminating against disabled people. While most of us associate Section 504 with school-related 504 plans, its reach is far broader, impacting every facet of daily life for individuals with disabilities.
For instance, curb cuts and ramps, which make buildings accessible to wheelchair users or individuals with walkers, are a direct result of Section 504. This critical legislation ensures that employers cannot discriminate against disabled employees and impacts accessible practices in places like post offices, courthouses, and even voting locations. It cannot be overstated just how monumental Section 504 has been in advocating for the rights and dignity of disabled individuals.
The Lawsuit: Texas v. Becerra
In September 2024, a coalition of 17 states, spearheaded by Attorney General Ken Paxton of Texas, filed a lawsuit against the U.S. government, challenging the constitutionality of Section 504. The lawsuit came in reaction to amendments added under the Biden administration, which included provisions for gender dysphoria as a protected disability. Instead of solely challenging these new additions, these states have sought to invalidate the entirety of Section 504.
Why is this such a significant problem? If the lawsuit advances and Section 504 were to be overturned, it would affect everyone indirectly or directly—regardless of whether we personally have a disabled child. Removing protections would hinder societal functions and support systems designed for people with disabilities. It is crucial for us to remember that anyone can become disabled at any time, making such protections vital for societal inclusivity.
Societal Impact and Historical Context
Historically, disability was viewed as a personal issue, with little societal accommodation. Those with disabilities often struggled in silence or were isolated due to inaccessible environments. It took dedicated advocacy for societal shifts, recognizing that the environment and societal stigma are often the disabling factors rather than individual physical or neurological differences.
Prior to Section 504, many disabled individuals, including children like my daughter, would have been placed in institutions, excluded from public education, and denied opportunities to integrate into society. They would be deemed burdens rather than valued members of the community. Today, Section 504 ensures that people live with dignity and have access to the same spaces as everyone else.
Current Status of the Lawsuit
As of now, the situation remains in flux. The 17 states must submit their briefs before deciding on further litigation. The public backlash against this lawsuit has been significant, with clear demands to preserve Section 504 and its essential protections.
What We Can Do
In this uncertain time, we must stay informed and engaged. Contacting elected officials to voice concerns about the lawsuit is crucial. I know it can feel tedious, but it’s important. There’s even an app, Five Calls, that simplifies this process, allowing you to connect with representatives quickly.
Conclusion
This information wasn't something I learned in school, but I've educated myself along the way, and I’m sharing this knowledge with you. It's important to remain vigilant and informed as legal challenges to critical protections like Section 504 arise. Even if this lawsuit is dropped, it could resurface or inspire other attacks on disability rights and accommodations.
Join me in this advocacy—let's work together to maintain these critical protections for everyone. I hope this was helpful, and thanks for sticking with me. Until then, remember, you are not alone in this. We’re all in this together, and we've got this.