On January 23, 2026, Texas and eight different states – Alaska, Florida, Indiana, Kansas, Louisiana, Missouri, Montana, and South Dakota – renewed their assault on Part 504 of the Rehabilitation Act and the mixing mandate. The mixing mandate is a requirement below Part 504 of the Rehabilitation Act and the Individuals with Disabilities Act (ADA). It permits folks with disabilities to obtain companies locally slightly than in establishments. In 1999, the U.S. Supreme Courtroom upheld this mandate in its landmark Olmstead v. L.C. determination. We can not let these states take away that proper.
The 9 states say {that a} rule in regards to the integration mandate revealed by the U.S. Division of Well being and Human Companies (HHS) is illegal and unconstitutional and needs to be blocked. The HHS rule says that state and native governments and any entity that will get HHS {dollars} should serve folks with disabilities in probably the most built-in setting applicable.
The rule additionally says that entities could violate Part 504 once they place disabled folks at critical danger of pointless institutionalization. The U.S. Division of Justice and lots of federal courts have stated the identical factor – that an entity can violate Part 504 when it fails to serve disabled folks in probably the most built-in setting applicable or when it places them at critical danger of institutionalization.
If the states are profitable of their problem, it could be tougher for disabled folks to implement their proper to stay and take part locally. Consequently, extra folks with disabilities could also be compelled into establishments once they can and wish to stay locally as an alternative. The incapacity neighborhood has fought lengthy and exhausting for sturdy incapacity rights legal guidelines, and we can not permit them to be weakened.
The states’ newest assault on incapacity rights is a revised model of the lawsuit Texas v. Kennedy (previously Texas v. Becerra). Within the earlier model of the case, Texas and 16 different states argued that Part 504 itself is unconstitutional and challenged up to date Part 504 guidelines revealed by HHS in 2024. After outrage and advocacy from the incapacity neighborhood, the states withdrew their declare that Part 504 is unconstitutional. The remaining states proceed to problem the up to date guidelines.
Eight states lately dropped out of the litigation after HHS proposed a bundle of three laws aimed on the transgender neighborhood, together with a proposed regulation that purports to categorically exclude gender dysphoria from the protections of Part 504. Many incapacity teams, together with the undersigned, have opposed this alteration to the Part 504 rule.
Within the new criticism, the states are actually asking the court docket to:
- declare that all the Part 504 rule is illegal,
- cease HHS from implementing all the rule, and
- cease HHS from telling states they can not take actions that place folks with disabilities at “critical danger” of institutionalization.
What Can I Do to Assist?
We name on everybody within the 9 states bringing this new assault on our autonomy and independence – Texas, Alaska, Florida, Indiana, Kansas, Louisiana, Missouri, Montana, and South Dakota – to induce their governors and attorneys common to withdraw this lawsuit and cease attacking the best of individuals with disabilities to stay and take part of their communities. Details about find out how to contact the attorneys common in these states may be discovered at dredf.org/protect-504.
This replace was created by The Arc of the USA, Bazelon Middle for Psychological Well being Legislation, Middle for Public Illustration, Incapacity Rights Schooling & Protection Fund, Justice in Growing old, the Nationwide Well being Legislation Program, with contributions by Alison Barkoff, Hirsh Well being Legislation and Coverage Affiliate Professor, George Washington College.
