Like most people, we try to avoid doomscrolling. But every so often, a headline appears that stops me cold. The latest came while absently scrolling Instagram, my mind half on the laundry waiting to be folded. “Section 504 is Under Attack.”
At first, I assumed it was hyperbole—another case of social media alarmism. But after diving into the details of Texas v. Becerra, it became clear that this was not an exaggeration. This is a full-scale legal attack on one of the most fundamental disability rights protections in the U.S., and the implications reach far beyond the disability community.
What Is Section 504 and Why Does It Matter?
Section 504 of the Rehabilitation Act, passed in 1973 and enacted in 1977 after years of activism, is a simple but powerful law. It states that any entity receiving federal funds cannot discriminate against disabled people. This includes public schools, universities, hospitals, government agencies, and transit systems. For decades, it has been a cornerstone of disability rights, ensuring equal access to education, employment, and healthcare.
Most people only encounter it in the context of education—often through 504 Plans, which provide accommodations for students with disabilities who don’t qualify for special education under the Individuals with Disabilities Education Act (IDEA). But its reach extends far beyond that.
Section 504 protects a job applicant from being rejected solely because they use a wheelchair. It ensures that hospitals provide accessible diagnostic equipment. It prevents landlords from discriminating against tenants with disabilities. It is the legal framework that has slowly but surely chipped away at the systemic exclusion of disabled people from public life.
And now, 17 states, led by Texas, are attempting to wipe it out entirely.
What Is Texas v. Becerra Really About?
Filed in response to an update to Section 504 regulations by the Biden administration, Texas v. Becerra is framed by its proponents as a challenge to the inclusion of gender dysphoria under disability protections. But the actual language of the lawsuit goes much further.
Rather than simply arguing against this specific update, the suit asks the court to declare all of Section 504 unconstitutional. If the judge agrees, the impact would be seismic. It would gut legal protections for millions of disabled people and could set a precedent that threatens other anti-discrimination laws, including the Americans with Disabilities Act (ADA).
The legal reasoning? The lawsuit argues that Section 504’s requirements are an undue burden on states because they are tied to federal funding. The plaintiffs claim that states did not agree to these conditions when they initially signed on to federal programs—never mind that this law has been on the books for over 50 years.
This isn’t just about gender dysphoria. It’s about the broader conservative push to roll back federal civil rights protections in the name of states’ rights. If this lawsuit succeeds, it could unravel not only disability protections but also laws prohibiting discrimination based on race, sex, and ethnicity.
The Ghost of 1977
If the language of the lawsuit feels eerily familiar, that’s because it is. The arguments made in Texas v. Becerra echo the same tired refrains disability activists faced in the 1970s when fighting to get Section 504 enacted in the first place. Back then, the opposition claimed that providing accommodations was too expensive, too difficult, too much to ask. The same arguments were used to delay the ADA in 1990.
The 504 Sit-In of 1977 was a defining moment in disability rights history. Activists occupied a federal building in San Francisco for 25 days, refusing to leave until the government enacted Section 504 without watering it down. They were cut off from water and phone lines. They went hungry. The Black Panthers brought them food. They held firm until the government finally signed the regulations into law.
Now, nearly five decades later, we are back in the same fight. But there’s one key difference: we know how to win.
The Political Games Behind the Lawsuit
Some states, like South Carolina and West Virginia, have already softened their stance under public pressure. Others, like Texas and Arkansas, are doubling down. Texas Attorney General Ken Paxton, who is leading the charge, has been vocal about rolling back federal oversight in multiple areas, and this case is part of a broader conservative legal strategy aimed at dismantling government protections.
Meanwhile, the messaging from these states has been deliberately misleading. Officials claim they are not trying to eliminate disability protections, but the lawsuit’s text tells a different story. Legal experts, including those who previously worked on disability policy for the federal government, have confirmed that the complaint explicitly seeks to strike down Section 504 in its entirety.
What Happens If Section 504 Falls?
The consequences of this lawsuit succeeding are difficult to overstate. Here’s just a glimpse of what could happen if Section 504 is struck down:
- Education: Students who rely on 504 Plans to receive accommodations in school could lose their legal protections overnight.
- Healthcare: Medical providers could legally deny treatment to disabled patients based on discriminatory biases.
- Employment: Employers receiving federal funds could refuse to hire disabled workers without legal repercussions.
- Housing and Transportation: Basic accessibility requirements could be stripped away, making cities less navigable and public spaces less inclusive.
And it wouldn’t stop at disability rights. If the court rules that Section 504 is unconstitutional, it could set a precedent for rolling back protections based on race, sex, and other protected categories. The legal dominoes could fall fast and hard.
What Can We Do?
The fight is far from over. There is still time to push back, but it requires public awareness and action. Here’s what you can do:
- Contact Your Attorney General: If you live in one of the 17 states involved in the lawsuit, call or email your Attorney General’s office. Demand that they withdraw from the suit.
- Pressure Elected Officials: Call your representatives and senators. Let them know that you oppose any effort to weaken Section 504.
- Educate Your Community: Many people have no idea this lawsuit is happening. Share credible information on social media, talk to your family and friends, and spread awareness.
- Support Disability Advocacy Organizations: Groups like the National Disability Rights Network and the Center for Public Representation are leading the legal fight against Texas v. Becerra. Consider donating or volunteering.
The Stakes Are Too High to Ignore
We’ve seen this play out before. Every time disability rights move forward, there is backlash. The same arguments about cost and feasibility have been used time and again to justify denying disabled people basic access and dignity.
But the disability community is not powerless. The 504 Sit-In taught us that collective action works. The ADA protests of 1990 proved that direct confrontation can force change. We have the history, the precedent, and the knowledge to fight back.
This is not just a legal battle—it’s a moral one. And if the politicians pushing Texas v. Becerra think we will let Section 504 disappear quietly, they have another thing coming.
