*Please note that a similar letter was sent to all sixteen of the supporting states who have joined this lawsuit asking them to withdraw their support. Those states are: Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Utah, and West Virginia.*
March 4, 2025
The Honorable Ken Paxton
Attorney General of Texas
Office of the Attorney General
300 W. 15th Street
Austin, Texas 78701
Dear Attorney General Paxton:
The National Federation of the Blind urges you to consider the full importance of Section 504 of the Rehabilitation Act of 1973 (“Section 504”) and the benefit it has for Texans with disabilities, and to immediately move to dismiss Texas v. Kennedy.
The stated goal of Texas v. Kennedy is to severely limit Section 504 by applying it only to those programs, services, and activities directly funded by and through the Rehabilitation Act of 1973 (“the Rehab Act”). Although the parties’ status report dated February 21, 2025, reads in pertinent part: “Plaintiffs clarify that they have never moved--and do not plan to move--the Court to declare or enjoin Section 504. . . as unconstitutional on its face. Plaintiffs have not sought and do not seek to enjoin the disbursement of funds from the Department on the basis that the statute is unconstitutional,” we note that at the time of this writing, Plaintiffs have not chosen to amend pages 37 and 42 of their complaint which read: “Count 3: Section 504 is Unconstitutional,” and “Demand for Relief . . . d. Declare Section 504, 29 U.S.C. § 794, unconstitutional; e. Issue permanent injunctive relief against [the Department of Health and Human Services] enjoining them from enforcing Section 504.”
Section 504 protects people with disabilities from discrimination by federal agencies and recipients of federal funding in public education, work readiness programs, healthcare, elections, the court system, and more. In brief, it is not at all overstating the point to say that if Section 504 is found unconstitutional, we will ensure that a generation of people with disabilities will be less educated, less employable, and less able to participate fully in all aspects of life.
The United States has long recognized a disabled person’s value as a student, employee, and a member of the public. Reducing Section 504 would constitute a sea-change, excluding people with disabilities from education, employment, and civic life. Disabled students, teachers, and parents would lose access to course content and educational accommodations. Teachers, utility workers, farmers, office workers, county administrators, attorneys, judges, and other workers with disabilities would lose access to the government-funded software, websites, and other information vital to maintaining their employment. People with disabilities who seek to be involved in civic life, be it through joining municipal boards, exercising their right to vote, or even just crossing the street, would all be negatively impacted by the suspension of Section 504. Put another way, limiting Section 504 in the manner proposed would guarantee countless people with disabilities would stay home, be unable to work, and be forced to subsist solely on government benefits.
The National Federation of the Blind is the transformative membership and advocacy organization of blind Americans, and our goal is complete integration of the blind into society. The Federation has spent a large portion of its 84-year history combating discrimination and low expectations. We believe that all Americans can and should be afforded the opportunity to work, learn, and participate in community life. Accordingly, we believe that disabled Americans have the right to receive the education, training, and opportunity required to lead productive lives. We do not believe that people with disabilities should be forced by the government to leave school, lose work, or stay on public benefits.
We appreciate the need for effective and responsible governance. However, truncating a disabled person’s opportunity to participate fully in society runs contrary to your state’s true interests. We urge you to immediately move to dismiss Texas v. Kennedy and the dismantling of Section 504.
Sincerely,
Mark A. Riccobono, President
National Federation of the Blind