Texas — Seventeen states, led by Texas, have decided not to challenge the constitutionality of a significant disability rights law, although advocates warn that the legal battle is far from over. Earlier this year, the states sought to invalidate Section 504 of the Rehabilitation Act, a pivotal statute that prohibits discrimination against individuals with disabilities in any program receiving federal funding.
Originally enacted in 1973, Section 504 covers a wide array of sectors, impacting health care, education, housing, and transportation. Disability rights advocates fiercely opposed this lawsuit, emphasizing that a successful challenge could also jeopardize the Americans with Disabilities Act and similar protections.
Following mounting criticism, the states have formally withdrawn their claim that Section 504 is unconstitutional, as indicated in a recent status update filed with the U.S. District Court for the Northern District of Texas. The update states that the plaintiffs “have no intention to seek any relief from this Court on Count 3,” which pertains to their constitutional argument.
Despite this withdrawal, the states will continue to pursue the broader lawsuit now known as Texas v. Kennedy. This case responds to revisions made to Section 504 regulations finalized by the Biden administration last year. These regulations mark the first significant update in five decades and clarify that medical providers must make treatment decisions without bias against disabilities.
Shira Wakschlag, senior executive officer for legal advocacy at The Arc, noted that the decision to withdraw the constitutional claim reflects the effective advocacy of the disability community. Nevertheless, she emphasized that the ongoing case still poses a serious threat to the rights of people with disabilities. The states are challenging updated regulations that enhance community services for individuals with disabilities and address treatment discrimination.
The updated regulations from the U.S. Department of Health and Human Services aim to improve accessibility for individuals with disabilities, mandating that medical practices use accessible diagnostic equipment and maintain inclusive websites and mobile applications. Alison Barkoff, a professor at George Washington University and former head of the Administration on Community Living, criticized any potential effort to invalidate these regulations, arguing that such a move would reverse critical protections against discrimination in federally funded programs.
As the case progresses, advocates remain vigilant, aware that the implications could reach far beyond Section 504, affecting multiple facets of disability rights and access to essential services.
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