tl,dr: Do you like ramps and curb cutouts? How about accessible voting, and staying out of nursing homes? Then ASAP go to https://dredf.org/protect-504/#anchor6 and act.
| Image description: A repurposed photograph of a patch with dark blue, beige, and dark red horizontal stripes. There's a white star at the top and a white outline of the state of Texas at the bottom. The text over the graphic reads, "Don't Mess With 504 Call Paxton" |
Now that the Supreme Court has done the unthinkable and cut out the heart of the Civil Rights Act of 1965 -- the prize achievement of a Civil Rights movement admired around the world -- what could possibly be next? The Civil Rights Act stood intact for over 60 years, for two-to-three generations during which we've made great but imperfect progress.
This same court has also struck down Roe v. Wade, which was settled law also lasting for a couple of generations, a 50-year-old reproductive rights law. So now Blacks and women have lost personal rights.
Now what about the Americans With Disabilities Act? Look at all the change that has happened throughout the country because of this law that has been around for almost two generations. They wouldn't touch that, would they? After all, it's been on the books for 36 years, right? But 36 years is less than 50 years and 60 years. So don't think people with disabilities couldn't face the same bitter consequences. In fact, that process is already under way.
The attorneys general from 17 states objected to Biden administration updates of Section 504 of the Rehabilitation Act, which since 1977 has opened access to government buildings and programs and eventually led to the ADA. You may remember it from the documentary Crip Camp, the part when Judy Heumann and scores of activists occupied the San Francisco Federal Building in order to get enforcement of Section 504.
Among the Biden updates were provisions extending accessibility to those with gender dysphoria, which is a medically recognized impairment but still one that the 17 states objected to. They went further, too, and claimed that 504 itself is invalid. You'll get a way better understanding of this from https://dredf.org/protect-504/#anchor6
The good news is that nine of these states have since dropped out of the suit. They did this not out of the goodness of their hearts, but because disabled folks and their allies sounded off on their state governments and pressured them to drop out. Eight states remain: Alaska, Florida, Kansas, Louisiana, Missouri, Montana, South Dakota and Texas. If you live in one of those states, it's time to make phone calls, visits, or write newspapers or any other contacts you have.
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| Image description: Gray map of USA with the following states red: Alaska, Florida, Kansas, Louisiana, Missouri, Montana and Texas. |
Specifically the states argue that the Olmstead provisions -- that disabled people must live in their own homes and communities instead of nursing homes -- are something that the federal government has no right to impose on states. They argue this despite people's homes offering a better, healthier, more accessible quality of life that is preferred by disabled people, and the fact that living at home with attendant care is far more affordable to the individual and the state, than nursing homes.
What is most dangerous is that, by bringing this case, these states may eventually give a hostile U.S. appeals court or the Supreme Court their opportunity to tear into key portions of Section 504, which may later be used to knock down the ADA.
The states must file their final papers in the case on July 7, 2026. .If you live in one of these states, it is important to contact your attorney general, governor, legislative reps, and media outlets ASAP. Tell them about your situation and preferences, and maybe include some of the points above. I'm including the link to DREDF, experts in the case who provide contact info and talking points. https://dredf.org/protect-504/#anchor6
Update this week: South Dakota just dropped out of the case! Indiana did before that. Your pressure is working!
