Disability advocates warn a renewed lawsuit challenging federal disability protections could lead more people into institutional care settings.
Earlier this year, a group of nine states — led by Texas — filed a lawsuit that claims part of the Americans with Disabilities Act, or ADA, is unconstitutional.
The lawsuit targets language around Section 504 of the Rehabilitation Act, which allows people with disabilities to receive services in the community rather than in institutions.
“Being placed into an institution then limits the options and the freedom of the individuals placed there,” said James Lunday, board president for the Arc of DFW Area. “They no longer get to choose who they live with, what activities they do and who they get to commune with.”
The developmental disabilities advocacy organization is urging legislators and Texas Attorney General Ken Paxton to withdraw from the federal lawsuit, saying it could threaten community living protection. In a letter sent to Paxton last month, the Arc of Texas said Section 504 protections “support independent living, employment, family stability, and full participation in community life.”
KERA reached out to Paxton’s office but did not receive a response.
Lunday said the organization is putting together a team to help advocate on the issue and ensure members are informed about any changes.
“We're just getting geared up now to raise awareness of that lawsuit and what it would mean for people in the disability community,” Lunday said. “It is a federal law issue, not just specific to the state of Texas. It affects all people with disabilities and access to community services.”
The Arc of DFW area is teaching people how state government works so people can share their stories and advocate for change. The organization also puts out “advocacy alerts” to encourage people to stay engaged and active.
“We give people the tools and resources to effectively reach out to people like the attorney general to describe the issues facing them… and how their personal lives are affected by the decisions being made by the attorney general and other officials,” said Ali Gentry, a board member of the Arc of DFW Area and disability rights lawyer.
The lawsuit was originally filed by 17 states – also led by Paxton – in September 2024, but was paused while the Trump administration reconsidered the rule.
Gentry said Section 504 protects the rights of people with disabilities and prevents discrimination by “entities that receive federal funding.”
“It's important for people who aren't involved in this space to realize that if we fund the right kind of support, it can cost less for society long-term and increase quality of life,” she said. “It really makes sense from a human and a fiscal and policy perspective.”
Gentry said the availability of care is critical for people with disabilities that want to remain in their homes and their communities.
“But when you're in an institutional setting, it's a lot harder to physically get to those places and have the supports to get to those places,” she said. “You really lose a lot of the independence that you have when you're receiving home and community-based services.”
However, the nine states behind the current lawsuit claim a U.S. Department of Health and Human Services rule finalized in May 2024 “upends decades of federal disability law" and “adds a mandate for ‘integration’” that exceeds its authority and conflicts with federal law. The lawsuit claims the rule could pose a threat to Medicaid and other programs that people with disabilities rely on.
If the lawsuit is successful, Lunday said the services could be narrowed or lose funding.
“They're already critically underfunded in our country,” he said. “It would greatly limit the ability of people with disabilities to remain in the community and would force more people into institutionalized care.”
Lunday said it’s important for everybody to be aware of potential policy changes, including people without a disability.
“Disability is one of those things that anybody can become a part of this community, whether by choice or not, at any time in their life,” he said. “Even if you're not directly impacted by it today, you could be in the future.”
Abigail Ruhman is KERA’s health reporter. Got a tip? Email Abigail at aruhman@kera.org.
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