DISABILITY ACCESS IS UNDER ATTACK!
Section 504 is under threat of being deemed “unconstitutional” - Let's MOBILIZE!
What is Section 504?
Section 504 of the Rehabilitation Act of 1973 was the first federal law to prohibit discrimination against people with disabilities and the catalyst for the Disability Rights Movement.
Before the Americans with Disabilities Act was passed in 1990, the Rehabilitation Act was the most important disability rights legislation in the United States. Section 504 states: “No otherwise qualified handicapped individual in the United States shall solely on the basis of his handicap, be excluded from the participation, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.”
What is The 504 Sit-in?
In 1977 People with disabilities and allies occupied the HEW offices in Atlanta, Boston, Chicago, Denver, Los Angeles, New York City, Philadelphia, and Seattle to push the issuance of long-delayed regulations regarding Section 504 of the Rehabilitation Act of 1973.
The most successful sit-in occurred in San Francisco, planned by Judith Heumann, Kitty Cone, and Mary Jane Owen, and lasted until May 4, 1977. After 25 days, with more than 150 people refusing to leave, It became (and continues to be) the longest sit-in at a federal building in history.
What is Texas v Becerra??
Texas v. Becerra is a court case in Texas. A group of 17 states have sued the United States government. The states are asking the court to get rid of Section 504 and its new rules that protect people with disabilities from discrimination in health care and human services.
This lawsuit comes after the federal government finalized long-overdue updates to Section 504 in 2024, strengthening protections after years of advocacy from the disability community. Now, these states are suing the U.S. government, not only opposing the new protections but also seeking to repeal Section 504 entirely.
They claim the law is unconstitutional and argue that no one should be required to comply with it. If Texas v. Becerra succeeds, it could dismantle over 50 years of legal protections that ensure accessibility and civil rights for millions of Disabled Americans. Additionally, if Section 504 is deemed unconstitutional, all other civil rights laws are at risk too!
The judge set a schedule for the case. The 17 states and the United States government will give the court papers on February 25, 2025, about what should happen with the case. Other states that support Section 504 may want to file their own papers with the court.
WHAT WE CAN DO.
You can do more if you live in one of the states bringing the case. You can ask your state Attorney General to drop out of the case. You can ask them to drop out of the case in a meeting, in writing, or on the phone.
List of 50 Attorneys General Contacts
SUBMISSION FORM SCRIPT
This is all I was able to fit for Texas: I’m a wheelchair user with dysautonomia and a registered voter in Texas. I support the updated Section 504 rules. The updated rules are stronger and give more examples of what disability discrimination is. Any changes to the updated Section 504 is unacceptable.
I want you to drop [out of] Texas v. Becerra. You should support Section 504 and its rules. You should not be attacking our rights.
MAIL/EMAIL SCRIPT
To: [attorney.general@alaska.gov]
Subject: Stop Attacking Section 504! Drop Out of Texas v. Becerra!
Dear Attorney General [Your Attorney General],
[Say who you are] I live in [Where you live], and I have a disability. [Specify Disability or why you care]. [Tell them a tidbit about what you do in the disability community and/or for work].
[Say why you support Section 504 and its rules] I care about Section 504. I can go more places in my wheelchair because of Section 504. I can go to the doctor and use a scale for people who use wheelchairs. I can get captions for my college classes. I support the updated Section 504 rules. The updated rules are stronger and give more examples of what disability discrimination is.
[Say why Texas v. Becerra is bad] I am very upset and angry that you have joined a case in Texas called Texas v. Becerra that goes against Section 504 and the updated rules. You are asking the court to get rid of the Section 504 rules and the entire law. If the court does what you ask, I will not be able to go to the doctor or my college classes and get equal treatment. I will not have equal rights. This will be true for all the other disabled people in Alaska.
[Say you want them to drop out of the case] I want you to drop out of Texas v. Becerra. You should support Section 504 and its rules. You should not be attacking our rights.
[Ask for a meeting] I want you to meet with me and other people with disabilities. We want to talk to you about the case and why we are so concerned about it.
Sincerely,
[Your name]
CALL SCRIPT (For Attorney Generals Signed On to the Case)
My name is [your name], and I live in [your city, your state].
I am a person with a disability. [Say more about your disability].
I am very upset that you have joined Texas v. Becerra, a lawsuit asking a Texas court to declare Section 504 and its updated HHS regulations unlawful and unconstitutional. This request is located on page 42 of the complaint.
Section 504 and these updated regulations are extremely important to the disability community. Section 504 and its rules make sure people with disabilities can be included in schools and can see their doctor. [Say why you care about Section 504 – for example, share about a 504 plan you had in school or a time that you were able to get an ASL interpreter at a doctor’s appointment .]
If the court agrees with the states bringing the lawsuit, people with disabilities will lose civil rights. These rights have protected people with disabilities for over 50 years. This is NOT OK!
If you care about the disability community and do not want to tear down Section 504, drop out of the lawsuit NOW!
Thank you,
[Your name]
Last two Scripts Courtesy of Disability Rights Education and Defense Fund (DREDF)
Disability Community Briefing: What You Can Do to Stop the Attack on Section 504
Becoming Huemann: An Unrepentant Memoir of a Disability Rights Activist
Crip Camp Documentary: A Disability Revolution
Learn more about what 504 has to do with the Trans Community here.
Support a new musical in progress: 504 Musical
And a palette cleanser: