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Plain Language Explainer: Texas v. Becerra Section 504 Under Attack

Texas v. Becerra could put long-standing disability civil rights protections under Section 504 at risk.

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Visual Description

This ASL video features a CDI, April, a Black woman with blonde hair, wearing a black blouse and a pink shirt, signing against a solid background. Dynamic text effects highlight key points, including “Texas v. Becerra, Section 504 Under Attack” (0:05), “What is Texas v. Becerra?” (0:44), “What is Section 504?” (1:05), “Why Section 504 is Important?” (2:30), and “What Do 17 States Want?” (3:45). At 5:42 and 5:48, “DROP OUT OF THE CASE” appears, followed by a list of 17 states at 5:50. At 6:09, the DREDF website with the link dredf.org/protect-504 is shown. The next slide features animated text dropping in sequence: on the left, “CALL YOUR” → “STATE ATTORNEY” → “GENERAL”, and on the right, “DROP” → “OUT OF” → “THE CASE”. The video ends with “PROTECT 504” alongside the DREDF and Deaf Equality logos.

Texas v. Becerra Section 504 Under Attack

What is a lawsuit? What does it mean to sue? A lawsuit is a kind of court case. The person who starts the lawsuit asks the court to fix a problem they are having. To sue someone means to start a lawsuit against them. State governments and the United States government can sue each other. When governments sue each other, they are usually trying to get the court to change a law or government rule.

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.

What is Section 504?

Section 504 is an important law that protects people with disabilities. Section 504 says you can’t discriminate against disabled people if you get money from the United States government. To discriminate means to treat people badly because of who they are. Section 504 says you cannot treat people badly because of their disabilities. Section 504 has rules that explain what disability discrimination is. The rules say that places like schools, hospitals, and doctors’ offices have to include people with disabilities. The rules say what these places have to do to include people with disabilities. Anyone who gets money from the United States government to serve the public or do business has to follow the rules. The United States government finished the first Section 504 rules in 1977. Many disabled people protested so that the government would make the rules strong. The United States government updates the Section 504 rules over time. The government just finished updating the rules in 2024. Many disability advocates wrote to the government about what to put in the rules. The updated rules are stronger and have more examples about what disability discrimination is.

Why is Section 504 important?

Section 504 covers all parts of society that get money from the United States government. Section 504 and its rules are very important, especially in education and healthcare. Here are some ways that Section 504 and its rules help us. The rules in Section 504 say that: Schools must include students with disabilities and help them learn. Doctors and schools must have sign language interpreters for people who are Deaf or hard of hearing who sign. Videos must have captions. Doctors must give clear information to disabled people. This includes people with intellectual and developmental disabilities. Websites for schools and hospitals must work for people who are blind or low-vision. Doctors and hospitals cannot stop helping someone because they have a disability. Doctors and hospitals must have tools and machines that work for wheelchair users. This includes machines that check for cancer. What do the 17 states want? Seventeen states sued the United States government. They asked the court to get rid of Section 504. The states disagree with a few things in the updated Section 504 rules. But the lawsuit asks the court to get rid of all the updated rules – and to get rid of Section 504 itself, not just the rules they disagree with. The lawsuit says that Section 504 goes against the United States Constitution. The lawsuit says that no one should have to follow any part of Section 504. If the 17 states win, this would be a disaster for people with disabilities.

What will happen next?

The judge set a schedule for the case. The 17 states and the United States government will give the court papers about how the court should rule on the case. They will give the papers from December 2024 to April 2025. Other states that support Section 504 may want to file their own papers with the court. Disability groups may want to file amicus briefs. Amicus briefs are papers that people or groups can send to a court during a court case. They are not the people suing or being sued. The people or groups who send amicus briefs are not part of the court case. People and groups use amicus briefs to explain what decision they want the court to make, and why. After the court has all the papers, it will make a decision about the case.

What can I do to help?

Tell your state attorney general to drop out of the case. You can do more if you live in a state bringing the case. You can ask your state Attorney General to drop out of the case. The following states are bringing the case: Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Texas, Utah, West Virginia.

Learn more about what you can do to help: dredf.org/protect-504

FULL UPDATE

Texas v. Becerra is a federal lawsuit brought by a group of 17 states against the United States government. The case challenges Section 504 — one of the most important disability civil rights laws in the country — and could have far-reaching consequences for people with disabilities if the court rules against the federal government.

Section 504 prohibits discrimination against people with disabilities by programs and institutions that receive federal funding. For decades, it has helped ensure that schools, hospitals, and public agencies provide equal access and reasonable accommodations. These protections have made it possible for disabled people to participate more fully in education, healthcare, employment, and public life.

The law requires schools to include students with disabilities and provide supports that help them learn. It requires healthcare providers to ensure effective communication, including providing sign language interpreters and accessible information. It also requires public institutions to make their programs usable by people with a wide range of disabilities — from wheelchair access to accessible digital services.

In 2024, the federal government finalized updates to the Section 504 regulations to clarify protections and strengthen guidance on what disability discrimination looks like in practice. Many disability advocates supported these updates because they provide clearer expectations for accessibility and inclusion.

However, the states involved in Texas v. Becerra are asking the court not only to block the updated rules, but to invalidate Section 504 entirely. If successful, this would remove longstanding protections that millions of disabled people rely on every day.

The outcome of this case could affect how schools serve students with disabilities, whether healthcare providers must ensure accessible communication, and how federally funded programs include disabled people. In short, the stakes are extremely high.

The court has set a schedule for filings, with both sides submitting legal arguments through early 2025. Other states, disability organizations, and advocates may file briefs to explain why maintaining Section 504 protections is critical.

Deaf Equality is closely monitoring developments and working alongside partners to ensure communities understand what is happening and how they can respond.

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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.

    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.

    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.

    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).

    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.

    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.

    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.