AUSTIN, Texas — Disability rights advocates rallied at the Texas State Capitol on Tuesday, urging Attorney General Ken Paxton to withdraw from a lawsuit they say threatens crucial protections for people with disabilities.
Last September, Paxton filed a lawsuit against the federal government initially asking to remove gender dysphoria from the definition of disability in Section 504 of the Rehabilitation Act.
Established in 1973, the law provides protections for people with disabilities against discrimination in schools, housing, health care, or entities that receive money from the federal government.
However, advocates warn it could lead to the elimination of Section 504 entirely, jeopardizing those safeguards.
“No interpreters, no access to any program, mostly in health care, education, but it even affects housing,” said Bob Kafka with ADAPT Texas.
Kafka, who uses a wheelchair, said he fought to establish the law 50 years ago, campaigning for physical access to buildings, and curb cuts.
“[Section] 504 is so critical and it took four years of fighting and civil disobedience to get the rules signed 50 years ago by Jimmy Carter,” Kafka said.
Amy Litzinger, who has cerebral palsy, said she’s fighting to keep the same law now. Despite being born without the ability to walk or sit independently, she said she has two college degrees, and credits Section 504 for getting her that far in school.
“I got a lot of accommodations for the classroom in both public school and college,” Litzinger said. “A lot of extended time, note-takers and scribes, and I also had the option to use voice-education software.”
Those protections followed Litzinger as she entered the workforce, but now she fears the removal of the law could affect that.
“It’s not like my disability is going to disappear once I graduate, so you still need the support. You need to be a functional adult and a functional employee,” Litzinger said. “It scares me because I feel like people don’t understand how far-reaching it would be.”
In recent filings, Texas and the 17 other states involved have attempted to clarify their position, stating that they do not intend to dismantle Section 504 entirely. Instead, they aim to prevent its application to gender dysphoria.
However, the original lawsuit included language asking the court to declare Section 504 unconstitutional, which has raised concerns among disability advocates.
Despite the states’ clarification, advocates remain concerned that a ruling against Section 504 could have unintentional implications, potentially undermining other disability rights laws like the Americans with Disabilities Act.
“‘Nothing about us without us’ is a thing that we just speak all the time,” Kafka said. “[It’s] doubly embarrassing with a governor who has a disability.”
Paxton’s office emphasized that the lawsuit does not seek to remove protections for those currently covered under the Rehabilitation Act. However, the case remains contentious, with many calling for the states to withdraw from the litigation.
The lawsuit is currently paused and awaiting further court action.