Texas and eight other states (Alaska, Florida, Indiana, Kansas, Louisiana, Missouri, Montana, and South Dakota) are again suing over Section 504 of the Rehabilitation Act and the integration mandate—a cornerstone of disability rights that protects the right of people with disabilities to receive services in their communities rather than in institutions.

This right was upheld by the U.S. Supreme Court in Olmstead v. L.C. (1999) and has been critical to ensuring Autistic people and people with disabilities can live, learn, and participate in their communities with appropriate supports.

Now, these states are asking a court to block and weaken federal rules that:

• Require services to be provided in the most integrated setting appropriate, and
• Recognize that placing people at serious risk of unnecessary institutionalization violates disability rights law.
• If the states succeed, it will become harder for people with disabilities and their families to enforce their right to community-based services. This could lead to more people being pushed into institutions—even when they can and want to live in the community with supports.
• The disability community fought for decades to secure these protections. We cannot allow them to be rolled back.
• This lawsuit is a continuation of Texas v. Kennedy (formerly Texas v. Becerra). After widespread outrage, states withdrew their claim that Section 504 itself is unconstitutional—but this new legal challenge still threatens to weaken the law and its protections.

The states are now asking the court to:

• Declare the entire Section 504 rule unlawful
• Block enforcement of the rule
• Allow actions that place people with disabilities at “serious risk” of institutionalization
• This is a direct threat to community inclusion, civil rights, and the dignity of people with disabilities.

See Joint Statement for more. 

See FAQ for more.

TAKE ACTION:

Use this Action Alert to message your Governor and Attorney General and urge them to drop this lawsuit.