In September 2024, 17 states’ Attorneys General filed a lawsuit in Northern Texas. The lawsuit challenges the legality of Section 504 and its new rules, which protect people with disabilities from discrimination in health care and human services. Texas v. Bacerra was filed to challenge the new 504 (from May 2024) regulations enacted to protect people with disabilities from discrimination in health care and human services. However, the lawsuit, in its relief and remedies section, has asked the court to declare Section 504, in its entirety, to be unconstitutional.

DREDF and others have issued alerts on actions to take https://dredf.org/protect-504/

Write to state Attorneys General on why Section 504 is important

• Ask if your state is one of the 17 states to drop out of the lawsuit
  
• Say why you support Section 504

There is a sample letter on the DREDF website. 

On February 19, 2025, Texas submitted a Joint Status Report to the court to clarify its demands and assert that its demand has never been to declare Section 504 unconstitutional. However, they have not moved to amend their complaint, and they remain committed (per their filing last week) to changing Section 504’s application in such instances as people with disabilities being able to live in the community. 

The states involved in the lawsuit are: Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Dakota, Utah, and West Virginia.