Why the heck is Section 504 of the ADA suddenly on the chopping block?

The Capitol Crawl is one of the best examples of the power of the people and what an empowered collective voice and action can do to affect change. It's also one of my favorite acts of activism because not only was it brave and muy chingon, it was effective and we are still talking about it 36 years later. On March 12, 1990, over 1,000 people marched from the White House to the U.S. Capitol to demand that Congress pass the Americans with Disabilities Act, or ADA. When they got there, about 60 of the protesters threw themselves out of their wheelchairs and cast aside walkers and other mobility aids and dragged themselves up the Capitol steps on their hands and knees. The images are powerful and demonstrated how inaccessible architecture impacts the lives of people with disabilities since there wasn't a way for them to enter the "People's House." It also highlighted the urgency behind the need to pass the ADA, which President George H.W. Bush signed into law on July 26, 1990.

“The history of the Americans with Disabilities Act did not begin on July 26, 1990 at the signing ceremony at the White House. It did not begin in 1988 when the first ADA was introduced in Congress. The ADA story began a long time ago in cities and towns throughout the United States when people with disabilities began to challenge societal barriers that excluded them from their communities, and when parents of children with disabilities began to fight against the exclusion and segregation of their children.” -The History of the Americans with Disabilities Act: A Movement Perspective by Arlene Mayerson, 1992

So what is Section 504 and what does it do? Section 504 of the Rehabilitation Act established the civil rights of individuals with disabilities, safeguarding them from discrimination and guaranteeing their equal access to education, employment, healthcare, and public services.

About 8.5 million public school students in the U.S. have a 504 Plan to ensure they receive a free and appropriate education. These plans assist students who might not be eligible for an Individualized Education Program (IEP) but still require support to fully engage in school activities.

One of my own children benefits from having a 504 plan in place for him at his public middle school. He has dysgraphia and nearly illegible handwriting. His accommodations include the option to type all of his work, a small accommodation that makes a huge difference in the quality of his writing, his confidence and overall achievement. Removing his 504 accommodations would significantly affect his grades, self-esteem and performance at school. Why would the government want to take this away from him and 8.5 million other students?

Why the controversy? The crux of the complaint is that the Biden Administration finalized a new rule in 2024 that included gender dysphoria under Section 504 and the Americans with Disabilities Act. While the discussion of gender dysphoria was in the preamble to the rule, the updated rule has no mention of gender dysphoria. This lawsuit has significant implications and threatens the entirety of 504. Should the court restrict the definition of a disability under Section 504, it may establish a precedent that makes it more difficult for students to qualify for 504 plans. This lawsuit against the federal government seeks to have Section 504 of the Rehabilitation Act declared unconstitutional, essentially attempting to eliminate protections against disability discrimination for individuals in federally funded programs.

Gender dysphoria? "Gender dysphoria (previously gender identity disorder), according to the Diagnostic and Statistical Manual of Mental Disorders, is defined as a “marked incongruence between their experienced or expressed gender and the one they were assigned at birth.”

Individuals facing this turmoil may struggle to align their gender expression with the conventional, rigid societal binary of male or female roles, potentially leading to cultural stigmatization.This can make relationships with family, peers, and friends difficult and result in rejection from society, symptoms of depression and anxiety, substance use disorders, a negative sense of well-being and poor self-esteem, and an increased risk of self-harm and suicidality.

Authors Garima Garg; Ghada Elshimy; Raman Marwaha.

We are worried about what eliminating these protections could mean for people with disabilities, their education and employment opportunities as well as quality of life. How will this affect families, caregivers, teachers and schools? I'm afraid of what is happening in front of our eyes, the rapid dismantling educational civil rights and human rights.

Cool video: Empowerment in Action: Disability Activists Ascend the Capitol Steps

This video documents an event sponsored by ADAPT that took place on the steps of the United States Capitol building in Washington, D.C. ADAPT has a solid presence here in Austin thanks to Bob Kafka, a disability activist for over 40 years and local resident who can be seen in this video.