An important development occurred in the lawsuit filed by 17 states challenging the Health and Human Services (HHS) Section 504 regulations that were promulgated last summer. The lawsuit challenges both the new 504 regulations as well as the constitutionality of Section 504 in its entirety. 

The news relates to the update filed by HHS and the states in court last week where the states said that they would not pursue their claim to declare Section 504 unconstitutional. Advocates are pleased with this development and give credit to the strong advocacy of the disability community for the outcome. The states, however, are continuing their attack on the Section 504 regulation, including critical protections against discrimination in medical treatment, the right to receive services in the most integrated setting (Olmstead), protections for parents and children with disabilities in child welfare and more.  They have asked the court to continue the “pause” in the litigation.  The next report is due by July 21, 2025. Read more at www.Dredf.org