February 16, 2025

The lawsuit Texas v. Becerra demands the new Section 504 rule clarifying existing regulations be overruled. It also demands Section 504, a law that has protected disabled people's rights for over a half a century be declared unconstitutional! 

Section 504 mandates any agency or organization receiving federal funding must not discriminate against disabled people. In addition to prohibiting excluding disabled people, Section 504 also can require accessible buildings, sign language interpreters, screen reader accessible electronic material, and other reasonable modifications or accommodations.

If it is found that Section 504 is unconstitutional, the U.S. government will have no obligation to ensure the agencies and organizations it funds do not discriminate against disabled people.

As disabled people, we always need our rights protected. This is particularly true in disasters since disabled people are 2-4 times more likely to be injured or die than non-disabled people. This disproportionate impact is often due to systemic barriers, lack of accessible emergency planning, and failure to uphold our rights, not because of our disabilities.

The Americans Disabilities Act (ADA) provides similar protections to Section 504. However, while there is overlap of the two laws, there are times when disabled people may not be protected if Section 504 is abolished. 

Here is how our rights may be at stake:

• Disabled students, who need accommodations but not special education, will no longer have the right to an educational plan requiring that they return to school after disasters at the same time as their peers.
• Although sign language Interpreters are still required at shelters under the ADA, the federal government will no longer be able to take away or threaten to take away federal funding if interpreters are not provided at emergency shelters.
• Although it is still required that shelters are wheelchair accessible under the ADA, the federal government will no longer be able to take away federal funding if they are not accessible.
• Although it is still required that disabled people receive services in the most integrated setting appropriate to the needs of the person under the ADA, disabled people may be more likely to be institutionalized after disasters without the clear guidance about integrated settings in the new 504 rule.

Here’s what you can do:

You can contact your Attorney General with this resource from our partners at the Disability Rights Education and Defense Fund (DREDF). 

Make sure to tell your Attorney General ways that removing Section 504 could take away your rights in a disaster in addition to all the other ways it will impact your life. As of February 16, 2025, at least two states, South Carolina and West Virginia, are expected to withdraw from the suit. Please mention this to your Attorney General when you contact them.