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Defending Section 504- SC Must end Texas vs. Becerra
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 at the bottom of this page and email Attorney General Alan Wilson, using our prompt.
All comments and emails can be edited! We highly encourage you to share your personal story about how 504 protections have allowed you as a person with a disability, or a family member, to live and thrive. When we reach our signature goal we will send your comments and a letter to Attorney General Alan Wilson.
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.
The attack on Section 504 has strengthened.
While we (Able South Carolina) are working with Alan Wilson’s office, we want to update you on the status of the lawsuits.
On Wednesday, February 19, 17 states and the Department of Justice filed an update on their lawsuit, but nothing about the case has changed. The states are still pushing to weaken Section 504, a law that protects disabled people from discrimination. Some Attorneys General had suggested they might drop out of the lawsuit. SC’s Attorney General Alan Wilson previously said he would remove South Carolina from the lawsuit if it weren't dropped, but in this new filing, all 17 states confirmed they are still moving forward with their attack on disability rights. No state has withdrawn from the case.
This filing is incredibly alarming for the disability community. The continued attack on Section 504 threatens fundamental rights that have been in place for over 50 years, ensuring access to education, healthcare, and community-based services for disabled people. The fact that the 17 plaintiff states and the DOJ remain committed to this lawsuit despite previous assurances from some attorney generals, including South Carolina’s Attorney General, Alan Wilson, that they would withdraw makes it clear that the fight is far from over.
Attorney General Wilson says he supports the disability community, yet insists on staying in this lawsuit to better protect us. In reality, this lawsuit has not dropped, and all 17 states involved are actively thinking and wanting to continue the lawsuit that would strip our rights by pushing them to be unconstitutional at the federal level. Their goal? To let individual states decide how our rights are enforced. Our history and experiences show states are often the biggest offenders for violating our rights. This lawsuit is a direct threat to fundamental freedoms.
Key Takeaways:
- The lawsuit remains active despite the requested pause in the briefing schedule.
- The states have not withdrawn from their claims, including their broad challenge to Section 504.
- They argue that Section 504 protections should only apply to programs directly funded by the Rehabilitation Act, ignoring decades of legal precedent and applying it more broadly.
- They are explicitly targeting community integration and Olmstead protections, which ensure that disabled people have the right to live in the community rather than being forced into institutions.
- If successful, this lawsuit could gut disability rights, in schools, healthcare settings, public transportation, and more.
- Attorney Generals think we only need some rights (those within the few programs originating from the Rehabilitation Act of 1973) is very detrimental to every member of our community.
- This lawsuit is not just about legal technicalities it is a direct and existential threat to the civil rights of disabled people. If Section 504 is rolled back, it could undo decades of progress and push disabled people back into segregated, inaccessible, and inequitable conditions.
What Can Be Done?
- Stay informed and mobilized. Disability advocates, legal experts, and policymakers must keep pushing back against these attacks.
- Engage with Attorney General, Alan Wilson, to drop these efforts and uphold Section 504 protections.
- Public Awareness is Critical- Many people, both disabled and nondisabled, may not fully understand just how devastating this lawsuit could be. If we don't act now, the rights of disabled people could be stripped away.
Again, this lawsuit isn't just legal paperwork it's a direct attack on the ability of disabled people to access education, healthcare, transportation, and live in their communities. Without the protections of Section 504, disabled people could face more discrimination, fewer opportunities, and greater barriers to basic needs.
We must raise our voices. The more people who understand whats at stake, the stronger our movement becomes. Sharing this information widely is not just necessary to stop this lawsuit and combat the dangerous belief that disabled people don't deserve rights. Without legal protections, disabled people will face more exclusion, segregation, and loss of independence.
This is a fight for equality, dignity, and the future of disability rights.
Our Petition Letter to AG Wilson:
Protecting Section 504—A Call to End the Attack on Disability Rights
Dear Attorney General Wilson,
We, the undersigned members of the disability community and our allies, write to express our deep concern regarding the ongoing lawsuit, Texas v. Becerra, and the alarming efforts to weaken Section 504 of the Rehabilitation Act. This decades-old civil rights law protects disabled individuals from discrimination in all federally funded programs. The attempt to limit its application is a direct attack on our rights, freedoms, and inclusion in society.
On February 19, 2025, 17 states, including South Carolina, reaffirmed their commitment to this lawsuit despite previous indications that some might withdraw, including you. This lawsuit falsely claims that Section 504 protections should apply only to programs directly funded by the Rehabilitation Act, ignoring long-standing legal precedent. The disability community does not live in silos—our access to healthcare, education, housing, transportation, and employment depends on strong and enforceable nondiscrimination protections across all federally funded programs.
It is concerning that South Carolina remains part of this lawsuit despite prior statements committing to withdrawal. If successful, this case would roll back fundamental protections, gutting disability rights by:
- Stripping accessibility protections in healthcare, education, and public transportation.
- Limiting the reach of Section 504, allowing discrimination to go unchecked.
- Undermining Olmstead protections that allow disabled people to live in their communities rather than institutions.
- States should not dictate how our rights will be protected and enforced. Honestly, our state is often the biggest violators of our rights which limits our access to what non-disabled South Carolinians have access to. This classifies us as not being considered a citizen in our state because we are seen unworthy of accessing all agencies and programs funded by the federal government.
Attorney General Wilson, you have always been an ally to South Carolinians with disabilities. However, remaining in this lawsuit directly contradicts that support. The states involved are signaling that disabled people do not deserve equal rights and protections. This is unacceptable.
We urge you to immediately withdraw South Carolina from this lawsuit and publicly affirm your commitment to protecting the civil rights of disabled individuals. With your leadership, we also think you can educate the other states and encourage them to drop this case and leave disability rights alone. Disability rights are human rights, and any effort to weaken them is a step backward for justice and equality.
We will not remain silent while our rights are under attack. We call on you to stand with us, uphold the protections of Section 504, and reject any attempt to erode the progress we have fought so hard to achieve.
Sign the Letter- open to individuals and organizations:
Email or call AG Wilson with your 504 story:
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