A lawsuit attacking Section 504 of the Rehabilitation Act

ALERT: Do you know anyone who lives in Texas, Alaska, Florida, Indiana, Kansas, Louisiana, Missouri, Montana, or South Dakota?

If so, please ask them to get in contact with their governor and attorney general.
These states are plaintiffs in a lawsuit attacking Section 504 of the Rehabilitation Act and the integration mandate. The integration mandate states that people with disabilities should be supported in the community, rather than being relegated to institutions.

In 1999, the Supreme Court decided in Olmstead v. L.C., that according to Title II of the Americans with Disabilities Act, states are required to place people with disabilities in community settings rather than institutions (like nursing homes or rehab facilities) as long as it is appropriate and desired by the person with disabilities.

The lawsuit we’re concerned about claims that requiring that people with disabilities be served in the “most integrated setting,” as required by the 2024 Final Rule, places an undue burden on the states, and oversteps the power of the federal government. There is also a hidden section in this lawsuit that seeks to pull protection from parents with disabilities, allowing discrimination and potentially the removal of children of disabled parents simply because of their disabilities.

The states in question claim that the rule “upends decades of federal disability law” when in fact, it has been the law of the land since the 1999 Olmstead decision. The lawsuit also claims that the Final Rule is “arbitrary and capricious,” meaning the rule is not based in fact and is variable or impulsive. That could not be further from the truth. The Final Rule is true to the spirit of existing laws such as the ADA and the Rehab Act, and by requiring the “most integrated setting” for people with disabilities embodies the American spirit of freedom and independence for ALL.

If you have any connection to the listed states, please reach out to the governor and attorney general and ask them to withdraw from this lawsuit. Our public officials are elected to represent all individuals in their states, including individuals with disabilities, so it’s their job to listen to us. Several states have dropped out of this lawsuit already, so it’s not too late to make a difference!

 

--Rachel Cowen, Systems Change Advocate