Defending Section 504- SC Must End Texas vs. Becerra
This page will continue to be updated as resources become available and response develops:
Update 2/21 Renewed Call to Action- Sign our Petition
For now, the lawsuit is on pause, but the threat remains very real. This is not just a legal battle it’s a fight for disability rights, inclusion, and dignity.
Those in South Carolina- sign our petition and email Attorney General Alan Wilson using our prompt.
We recognize that many of you are seeing this message outside of SC. If you are in one of the impacted states, call your Attorney General and urge them to support our call to action in SC. The time to end this lawsuit is now.
Finally, when you follow the link to our petition, we include robust information about the latest changes to the lawsuit and new attacks on our disability community. Public awareness is critical—many people may not understand how devastating this lawsuit could be. Please take a moment to read the whole page. We want you to be well-informed and ready to take action and stand up for every member of our disabled community.
Original statement, February 13, 2025
Disability rights are fundamental human rights, ensuring equal access to opportunities and services for millions of individuals across the country. The Rehabilitation Act and the Americans with Disabilities Act (ADA) define disability not by listing specific conditions, but by examining how a condition affects major life activities. This approach ensures flexibility as medical understanding evolves and protects individuals whose conditions may not be immediately visible.
Under these laws, disability is determined by whether a condition substantially limits daily functions such as walking, thinking, communicating, or working. This broad definition prevents the exclusion of individuals who need these protections to live, work, and thrive in their communities.
Recent legal discussions, including the case of Williams v. Kincaid (2022), have highlighted the application of these laws to gender dysphoria. While the ADA excludes “gender identity disorders not resulting from physical impairments,” courts have recognized that gender dysphoria can qualify as a disability if it substantially limits major life activities. This recognition provides critical legal protections to individuals experiencing distress, medical needs, or treatment-related limitations.
However, these protections are now under threat. A recent lawsuit, Texas v. Becerra, challenges very existence of Section 504 itself. If successful, this lawsuit would dismantle protections that ensure equal access to healthcare, education, employment, and public services for all disabled individuals. However, it should be noted that people of any disability type should not be discriminated against or singled out, ever.
Imagine being denied a mammogram simply because of a disability. Or being the most qualified candidate for a job yet consistently overlooked due to a lack of reasonable accommodations. These are not hypotheticals; they are the lived realities of disabled individuals when protections like Section 504 are absent.
As a disability-led organization, we strongly oppose this lawsuit. Disability rights are not a partisan issue; they are a matter of basic human dignity. It is important to remember that most disability rights laws were signed by Republican leaders- the ADA was signed by President George H.W. Bush and Section 504 by President Richard Nixon. These laws were enacted with bipartisan support, reflecting a national consensus on the importance of disability rights.
South Carolina has a history of strong leadership on disability rights, and we recognize the efforts of Attorney General Alan Wilson and Governor Henry McMaster in advancing these important protections. Their support has helped ensure that individuals with disabilities in our state have access to the resources and rights they deserve. We hope to see them continue championing disability rights, reinforcing South Carolina’s commitment to inclusion and equal opportunity for all.
We urge everyone concerned about equality and fairness to share their personal stories about the impact of Section 504. Personal experiences can powerfully illustrate why these protections are essential and why dismantling them would cause irreparable harm.
Disability rights benefit everyone. We will continue to advocate for full disability rights alongside our national partners and encourage others to join us in defending these critical protections for all people with disabilities.
Added Feb. 13, 2025, 3:20 pm:
We understand that some have been led to believe that the case has been dropped. This is not correct. The case still exists. Unfortunately SC Attorney General Wilson’s Thursday response does not comment on the reality that Texas v. Becerra, challenges Section 504 itself which includes protections that ensure equal access to healthcare, education, employment, and public services for all disabled individuals, not just children in education settings. We have consulted with the defending attorneys on this case and know this to be true.
As a disability-led organization, we strongly oppose this lawsuit- whether South Carolina continues to participate, or other states threaten these federal rights.
Update 2/20 Lawsuit formally paused
Able SC is working hard to end this lawsuit, which threatens the protections of Section 504 and other federally funded programs that provide “community integration” and “prevention of risk of institutionalization.” Through your grassroots advocacy and our direct communication with Attorney General Wilson, we are expressing our concerns as a disability-led organization and our rights and protections as people with disabilities.
For now, the case is paused, as both sides have requested an indefinite pause in the legal process. While we were told lawsuit would be dropped, this delay is at least a temporary positive step.
We appreciate Attorney General Wilson for taking the time to meet with us and for opening a direct line of communication to work toward a resolution. His support is invaluable as we continue to advocate for the rights of disabled South Carolinians.
Please continue to check in as we will provide updates.
Update as of 2/19
SC is STILL listed in the case, however, here’s the latest public statement from the AG’s office (see link below). Quote from link, “Kittle said the states involved are drafting a joint agreement for the case to be dismissed, as the lawsuit is no longer necessary…Kittle said if the lawsuit is not dismissed, South Carolina will withdraw from the lawsuit. He said if South Carolina were to withdraw now, the state would not have a say in what happens next in the case.” We have requested additional information on the motion. Should the motion include any further damage to ANY MEMBER of our disability community, we will continue to take action.
https://www.wistv.com/app/2025/02/18/scs-attorney-general-set-file-motion-504-lawsuit
While our action alert has resumed online, we highly encourage individualized calls and messages explaining your personal experience with 504: https://ablesouthcarolina.salsalabs.org/texasvbecerra2025
Update as of 2/15
SC is STILL in the case and the case has not been dropped at a national level. All we have is verbal confirmation of commitment from the SC AG’s office. Able SC is continuing to advocate for SC’s removal and the full dismissal of the case. We will continue to advocate both internally and externally in publicly applied pressure, including in reminders of publicly made commitments.
Here is some additional news coverage that includes a direct response from Attorney General Alan Wilson, our national partners, and our CEO.
https://www.foxcarolina.com/2025/02/14/ag-alan-wilson-changes-stance-disability-civil-rights-lawsuit-following-grassroots-advocacy/
Regarding the excuse of gender dysphoria being the catalyst for the 504 suit- it is never okay and will never be okay to discriminate against people regardless of disability type or other identities. We will always fight for the rights of those within our community and those impacted by disability. While verbal confirmation to back down from the section 504 suit is a small win, pending on the actual removal of the suit, it is still extremely apparent that bias is put against members of the disability community who have gender dysphoria, as well as those who are trans or of the lgbtq community. Using individuals as scapegoats for making misinformed decisions is not okay and will never be okay. It is not something we will ever agree with. We look forward to continuing to update and bringing a final update when the suit is officially dropped. However, if anything should go differently grassroots advocacy will continue to be the most effective measure at creating lasting and effective change.
As the article states, grassroots advocacy has pushed our attorney general to verbally back down. Grassroots advocacy will bring this verbal commitment to fruition. We are continuing to advocate, and we welcome you to join us.
Update as of 2/14 @ 11 am
Thank you to all who participated in our call to action! Our call to action link has been paused in light of recent comments of commitment to drop out of the case from the AGs office. This is a developing story. We will continue to update.
Update as of 2/14 @ 10 am
SC still has not dropped out of the case. This is a developing story. We have confirmed this morning that it is expected the suit will be dropped and SC will formally remove itself; however, leading up to a holiday weekend, we may not see results until next week.
Update as of 8 pm, Feb. 13, 2025
Thank you The Post and Courier for the comprehensive coverage that fully explains the threat to section 504, SC’s evolving involvement, and commentary from qualified people with disabilities working to ensure our rights remain supported and in place.
We are hopeful following this comment from the AG’s spokesperson in the article, ” ‘We’re talking to other states, and we expect the lawsuit to be withdrawn,’ Kittle wrote. ‘But if for some reason it’s not, Attorney General Wilson will withdraw from it.'”
Additional news coverage: ABC Columbia- Able SC, Attorney General react, as lawsuit threatens to end “Section 504”
Resources:
Texas v. Becerra: Read the lawsuit-17 states have sued the United States government to get rid of Section 504, including South Carolina
From the lawsuit:
Page 37 under Count 3 states, “Section 504 is Unconstitutional.” The document then argues against this key element of disability rights law and asks that it be declared unconstitutional.
Screenshots from the complaint:
Commentary Resources
The Poison Pill in the Peanut Butter: A Culture-War Lawsuit Quietly Threatens Disability Rights
Resources About Section 504
Resources About the New Section 504 Rules
New Section 504 and 1557 Regulations | American Association for People with Disabilities