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Our Rights Still Under Attack: Update on 504 Lawsuit

The Texas v. Becerra lawsuit still threatens Section 504, a critical disability rights law that protects Deaf, DeafBlind, DeafDisabled, Late-Deafened, Hard of Hearing people, and other people with disabilities.

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The video featuring Anna, a lawyer from Deaf Equality, provides an update on the Section 504 lawsuit. She is a white Latina woman with brown curly hair, wearing ad ark blouse. The opening slide displays the title, “UPDATE ON THE TEXAS v. BECERRA LAWSUIT ASL VERSION” along with the logos of DREDF and Deaf Equality. At 3:08, dynamic text effects emphasize the message, with words like “DROP OUT OF THE CASE” appearing sequentially. A following slide urges viewers to contact their state attorney general, listing 17 states. The final slide highlights “PROTECT 504” with the two logos, DREDF and Deaf Equality.

Here’s the latest update on the Texas v. Becerra Lawsuit. In September 2024, this Becerra was filed by 17 states. Those 17 states sued to throw out Section 504 because they think it is unconstitutional. If the court agrees, Section 504 will be removed. Section 504 is a very important law that protects us. This law protects all people with disabilities including Deaf, DeafBlind, DeafDisabled, Late-Deafened, and Hard of Hearing. We must preserve this law. This law, Section 504, requires places that receive federal funds, such as schools and hospitals, to provide us with sign language interpreters, captioning, and other communication access.

So, what is the update? On February 19, 2025, the 17 states and the US Government filed a document called a Joint Status Report. In this report, those 17 states say that they are just “clarifying” their argument. They claim that Section 504 should only require a few specific programs to provide access, such as vocational rehabilitation services. They argue that Section 504 should NOT be used to support our right to access in other important areas like health care, education, and housing.

This is not good. They want to remove our rights. This vague Joint Status Report caused confusion but the case has not changed. The states did not change their lawsuit or drop the lawsuit. Their request to the court to throw out Section 504 is still there in their complaint. Section 504 is still threatened. The Joint Status Report asked the Court to put this case on hold, but it is not over, because the 17 states still want to throw out Section 504. We must continue to fight to protect Section 504. If you live in one of the 17 states, contact your state’s Attorney General
and demand that they DROP the lawsuit.

FULL UPDATE

Here’s the latest update on the Texas v. Becerra lawsuit.

In September 2024, 17 states sued the federal government to challenge Section 504 and its updated rules. Section 504 is a critical disability rights law that protects people with disabilities, including Deaf, DeafBlind, DeafDisabled, Late-Deafened, and Hard of Hearing people.

Section 504 requires programs and services that receive federal funding, such as schools, hospitals, health care programs, and other public services, to provide disability access and reasonable accommodations. For our community, this can include sign language interpreters, captioning, effective communication, and other forms of communication access.

On February 19, 2025, the 17 states and the U.S. Government filed a Joint Status Report with the court. In that report, the states said they were “clarifying” their argument. They claimed Section 504 should only apply to a few specific programs, such as vocational rehabilitation services.

This is not good.

Their argument would weaken Section 504 and limit its use in important areas like health care, education, housing, and community-based services. These are areas where people with disabilities need strong civil rights protections.

The Joint Status Report caused confusion, but the case has not changed in the way we need it to. The states have not dropped the lawsuit. Their request to challenge Section 504 is still part of the case. Section 504 is still under threat.

The Joint Status Report asks the court to pause the case, but a pause does not mean the case is over. We must continue to fight to protect Section 504.

If you live in one of the 17 states involved in this lawsuit, contact your state Attorney General and demand that they drop the lawsuit.

Protect Section 504. Protect disability rights. Protect communication access.

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Update on Texas v. Becerra Lawsuit

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    ANNA BITENCOURT, ESQ.

    CHIEF LITIGATION OFFICER

    Anna Bitencourt serves as the Chief Litigation Officer at Deaf Equality, where she leads the organization’s litigation and legal advocacy efforts for the Deaf, Hard of Hearing, DeafBlind, DeafDisabled, and Late Deafened communities.

    Before joining Deaf Equality, Anna served as a litigator and Director of Legal Services at the National Association of the Deaf Law and Advocacy Center.

    In her current role, she oversees Deaf Equality’s strategic litigation efforts, focusing on impact cases and systemic changes to ensure greater accessibility and equity for the communities it serves. She also manages Deaf Equality’s intake and referral system to ensure every individual from our communities have full access to appropriate legal representation when we are unable to take on their case.

    Anna holds a B.S. from the University of Maryland, College Park, and a J.D. from the Catholic University of America Columbus School of Law. She has also taught disability law at the University of Maryland Carey School of Law, Gallaudet University, and the Rochester Institute of Technology – National Technical Institute for the Deaf. She is admitted to the bar in Maryland and the U.S. Supreme Court.

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    ZAINAB ALKEBSI, ESQ.

    CHIEF POLICY OFFICER

    Zainab Alkebsi serves as the Chief Policy Officer at Deaf Equality, where she leads the organization’s policy efforts for the Deaf, Hard of Hearing, DeafBlind, DeafDisabled, and Late Deafened communities.

    Before joining Deaf Equality, Zainab served as Policy Counsel and Director of the Policy Institute at the National Association of the Deaf.

    In her current role, she oversees Deaf Equality’s strategic policy efforts, focusing on systemic changes to ensure greater accessibility and equity for the communities it serves. She regularly interfaces with government agencies, Congress, coalitions, and businesses on behalf of Deaf Equality. She also consults with corporations to ensure their policies, products, and services effectively address the needs of our communities. In addition, Zainab represents Deaf Equality at conferences, on advisory committees and panels, and through presentations. In an effort towards collaboration, she serves as President of the Deaf and Hard of Hearing Bar Association and Chair of the Deaf and Hard of Hearing Consumer Advocacy Network.

    Zainab holds a B.A. from the University of Maryland, Baltimore County and a J.D. from the University of Baltimore School of Law. She is admitted to the bar in Maryland and the U.S. Supreme Court.

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    JACOB S. SALEM, MPA

    SENIOR POLICY OFFICER & MARKETING

    Jacob Salem serves as the Senior Policy Manager at Deaf Equality, where he leads the organization’s state-level policy efforts for the Deaf, Hard of Hearing, DeafBlind, DeafDisabled, and Late Deafened communities.

    Before joining Deaf Equality, Jacob served as the State Legislation Manager at the National Association of the Deaf. His legislative training contributed to significant achievements across the country, including the re-establishment of state commissions for the Deaf and the passage of laws for open-captioned movies and interpreter licensure, among other key successes.

    In his current role, Jacob oversees Deaf Equality’s state level policy research and advocacy strategy, focusing on creating systemic changes that promote greater accessibility and equity for the communities it serves. He regularly collaborates with advocacy groups, policymakers, and state legislators to influence policy development, particularly in areas such as healthcare access, services for older adults, technology accessibility, and mental health resources. Jacob also represents Deaf Equality at conferences, on advisory committees, and through presentations, consulting with stakeholders to advance the organization’s mission.

    Jacob holds a B.A. in Political Science from the University of Central Florida and an MPA from Gallaudet University.

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    HOWARD A. ROSENBLUM, ESQ.

    CHAIR & CEO

    Howard Rosenblum is the founder and Chair of Deaf Equality, which he established to achieve true equality for all Deaf, Hard of Hearing, DeafBlind, DeafDisabled, and Late Deafened people in the USA and worldwide. The goal of this effort is to emphasize system change through litigation, policy and regulatory changes, and consulting.

    Licensed in Illinois as a lawyer for 32 years and adept as a computer engineer for 36 years, Howard has extensive experience in strategizing and directing successful precedential cases such as NAD v. Netflix, NAD v. Harvard, NAD v. MIT, Campbell v. U.S. Department of Agriculture, Perez v. Sturgis Public Schools, and NAD v. Donald Trump. In addition, he has guided significant policy changes including convincing the US Department of Transportation to provide exemptions which led to over 1,500 Deaf individuals to obtain Commercial Driver’s Licenses (CDLs) and drive trucks as well as getting the Federal Communications Commission to require texting and support the provision of an ASL option for the 988 suicide hotline.

    Howard has a B.S. in Computer Engineering from the University of Arizona, and a J.D. from the Illinois Institute of Technology/Chicago-Kent College of Law. He also serves as the legal advisor to the World Federation of the Deaf (WFD).

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    HON. AZEEMA AKRAM

    TREASURER

    Azeema Akram is the Deputy Chief Administrative Law Judge at the Illinois Human Rights Commission (IHRC). She is passionate about accessibility in legal proceedings and presents regularly to attorneys and judges on accommodating people with disabilities in legal proceedings and employment. Azeema also serves as a Community Representative on the Regional Transportation Authority’s Paratransit Certification Formal Appeals Program Eligibility Review Board and is a member of Disability Lead’s executive board. Azeema has been recognized by various professional and civic organizations for her significant contributions to the advancement of diversity within the Illinois legal community and its judiciary. She earned her B.A. from the University of Missouri-Columbia and her J.D. from DePaul University College of Law.

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    DR. OPEOLUWA SOTONWA

    SECRETARY

    Dr. Opeoluwa Sotonwa is the Commissioner for the Massachusetts Commission for the Deaf and Hard of Hearing. He previously served as the Executive Director of the Missouri Commission for the Deaf and Hard of Hearing. An accomplished international thought leader, he has been involved with disability rights issues since becoming a lawyer in Nigeria. He was instrumental in the drafting and passing of Nigerian disability rights law and over twenty pieces of legislation.

    Dr. Sotonwa has dedicated his career to partnering with purposeful organizations, community leaders, and government agencies to improve the quality of life for the Deaf, Hard-of-Hearing, and Late-Deafened individuals. He was a Vice President of National Black Deaf Advocates and serves on several think-tank organizations around the world on disability rights advocacy.

    He founded the Opeoluwa Sotonwa Foundation, which provides annual scholarships to economically disadvantaged Deaf and hard-of-hearing college students in Nigeria.

    Dr. Sotonwa graduated with a Law degree from the University of Ilorin and a Master of Laws from Howard University School of Law. He also received a Doctor of Law and Policy degree from Northeastern University. He is a CSG’s Henry Toll Fellow and the recipient of the Judge Krekel Trailblazer Award for Human Rights.

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    HON. RICHARD S. BROWN

    VICE CHAIR

    Richard S. Brown retired as the Chief Judge of the Wisconsin Court of Appeals on August 1, 2015, after 37 years on the bench. Prior to his service on the bench, he was an Assistant District Attorney and, later, a partner in a law firm where he specialized in commercial litigation. He served on the ABA Commission on Disability Law from 1992-98 (serving as chair from 1995-98) and served another term from 2008-2011. He was also a member of the ABA Commission on Lawyer Assistance Programs from 2012 to 2015 and co-chair of the ABA IR&R Committee on the Rights of Persons with Disabilities. Along with Professor Alex Hurder, he founded the National Association of Law Students with Disabilities.

    Judge Brown holds a B.A. from Miami University, a J.D. from the University of Wisconsin-Madison, and an L.L.M. from the University of Virginia. He served with the U.S. Department of Justice Civil Rights Division and taught at the National Judicial College for 15 years. A guest lecturer in 40 states on ADA and disability law, he has published five articles in legal journals. He lost his hearing at ages 5 and 36, and later served as President of the Association of Late Deafened Adults (ALDA) from 2020-2022.

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