Call to Action - Save Section 504

This page will be updated with additional resources and information as we receive it.  Please check back for more information. 

From the National Council on Independent Living:

In September 2024, 17 states filed a court case against the United States government. The states want to get rid of Section 504. The case is called Texas v. Becerra.

Read the complaint (PDF) here.

What is Section 504 and why is it important for a person with dwarfism?

Section 504 of the Rehabilitation Act of 1973 isn’t just legal jargon—it’s a lifeline for our community. This law, passed nearly 50 years ago, prohibits discrimination against people with disabilities—people with dwarfism included—in any program or activity that receives federal funding. In everyday terms, it means that schools, workplaces, and public services are required to make accommodations so that everyone, regardless of their abilities, can have a fair shot. For people with dwarfism and our families, Section 504 has been a critical tool in making sure that we can participate fully and equally in society.

Section 504 has helped open doors for all of us—ones that might otherwise remain closed if it were to be repealed. It’s the reason why many of us have seen improvements in accessibility at schools and in our workplaces: adaptive equipment, modified classroom or school bathroom setups, public building access, and modified public transportation. 

What could happen if Section 504 is repealed?

Section 504 is the foundation that ensures disabled children, including children with dwarfism, have the accommodations they need to thrive in school through individualized accommodations called 504 Plans and that adults in federally funded workplaces receive the support they need to succeed without fear of discrimination.

If Section 504 is declared unconstitutional, it could have devastating consequences, including:

• Schools may no longer be required to provide 504 Plans that offer necessary accommodations for students with disabilities.
• Federally funded workplaces could roll back accessibility measures, fire, refuse to hire, or deny accommodations to employees with disabilities.
• Public transportation systems could revert to inaccessible conditions that prevent disabled individuals from navigating their communities.
• Hospitals and healthcare facilities could refuse to provide accommodations such as sign language interpretation and accessible medical equipment.

Most importantly, if Section 504 is declared unconstitutional, it would weaken the Americans with Disabilities Act (ADA). The ADA is modeled after Section 504 and if it is ruled unconstitutional, opponents of disability rights could use the ruling as a basis to challenge the ADA and further erode nondiscrimination protections for disabled individuals.

What do we know as facts?

• Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against a person with a disability by anyone receiving Federal funding of any kind. It applies generally to health care, housing and education.
• Along with the Americans with Disabilities Act, Section 504 is a fundamental protection for people with disabilities in the United States in medical care, education, employment, and housing.
• The regulation implementing Section 504 for medical care and services were updated and strengthened in 2024. The LPA Advocacy Committee provided webinars and workshops on the updates.
• In reaction to the update, several states sued the United States government in October 2024 in a case known as Texas v. Becerra.
• Texas v. Becerra is a court case in Texas. A group of 17 states sued the United States government: Texas, Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Utah, and West Virginia.
• In the lawsuit, the states have asked the court to do the following: o Find the updated 2024 regulations unlawful and set them aside; o Declare all of Section 504 unconstitutional; o Relieve states from having to enforce any part of Section 504.
• The court said that the 17 states and HHS had to make a joint report to the court by February 25, 2025, about how they think the case should proceed. The parties filed a status report on February 19, 2025. The report makes clear that all 17 states continue to argue that Section 504 is unconstitutional. The states say effectively that Section 504 should only protect people against discrimination in the handful of programs funded under the Rehabilitation Act, like vocational rehabilitation services, and not the many other areas where Section 504 has always been applied, like health care, education, and housing.
• Although some state Attorneys General have suggested to the media that they will withdraw from the case, none has yet done so.
• On February 20, 2025, the court said that the 17 states and HHS must make another status report to the court by April 21, 2025.
• The lawsuit is effectively on hold for now. 

What We Do Not Know Yet

• Will the 17 states continue to litigate this lawsuit, or will they back down?
• If the 17 states continue, will the new administration defend the lawsuit in whole or in part?
• If the new administration will not fully defend the case, will other parties intervene to defend the lawsuit? 

Recommended Action

If you live in one of the states listed, we urge you to contact your state’s attorney general:

Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Texas, Utah, West Virginia 

To find out who your state’s attorney general is and their contact information, please visit HERE. Additionally, you can find a template of an email to send to your state’s attorney general HERE. 

Even if you don’t live in one of these states, you can still ask your state’s attorney general to submit an “amicus brief” supporting the importance of Section 504. This would allow them to formally share their interest in the case and advocate for the continued protection of disability rights.

There are members of our community who remember what life was like before the protections of Section 504 or the ADA. They remember when it was legal to exclude, deny access, or refuse to accommodate a disabled person or person with dwarfism. Without legal backing and protections like Section 504, discrimination and refusal of access could creep back into schools, workplaces, and public spaces, creating a society where accessibility and inclusion are optional rather than guaranteed. We have lived this before. We cannot go back.  Take action today.

Toolkit for Taking Action

Need help advocating for Section 504?  Download our Section 504 Toolkit which includes sample social media prompts, graphic, and a template for contacting your representatives

How can I learn more?

To learn more about what Section 504 and the ADA is, we have provided the following resources:

FAQs on Texas v. Becerra (from DREDF.org) 

Section 504 and Your Rights (PDF)

DREDF.org - Disability Community Briefing Webinar Recording