What Is Happening With Section 504? And What You Can Do About It? Section 504 Is Under Attack. If You

Black text on yellow background reads: save section 504, what's happening and what can you do? END ID.
black text on yellow background reads "What's going on with Section 504? Seventeen states are suing the Department of Health & Human Services to get rid of Section 504, the federal law that prohibits the federal government, or any programs or entities that receive federal funding, from discriminating on the basis of disability. Programs or entities that receive federal funding include individual states, hospitals, schools, universities, public libraries, airports, and more. These spaces have to accommodate people with disabilities to follow the law."
black text on yellow background reads "Any state, program, or entity that violates Section 504 by discriminating against people with disabilities risks losing their federal funding. Section 504 protects the rights of people with disabilities, but especially children with disabilities and veterans with disabilities." END ID
black text on yellow background reads "Why is this happening? These 17 states are suing because in 2024, DHS added a new regulation for how to enforce Section 504. In that regulation, it said that gender dyspohira was one example of a condition that could be a disability. The distress associated with gender dysphoria is similar to the distress associated with depression, anxiety, PTSD, and other conditions that can be considered disabilities. The regulation was meant to help trans folks with gender dysphoria access healthcare and protect them from discrimination in seeking that care - from hospitals, employers, and more."
black text on yellow background reads "Why is this happening? These 17 states want to continue discriminating against trans people. But Section 504 means they could lose federal funding for doing so, and they argue that is unfair. But their argument doesn't end there - they argue that Section 504 as a whole is unconstitutional and should be thrown out, because Congress can't financially pressure states into following laws.* *Congress is permitted to do this under the Spending Clause of the US Constitution so long as the laws are in pursuit of "the general welfare" with some restrictions."
black text on yellow background reads, "The 17 states include Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, lowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Texas, Utah, West, Virginia"
black text on yellow background reads "What can we do? If you live in one of the 17 states, you can call your state's Attorney General and urge them to withdraw from the lawsuit. You can find contact information and sample call scripts on the last two slides and at callurreps.carrd.co. If you live near or can travel to the U.S. District Court in Lubbock, Texas you can pack the courtroom for the hearing on February 25th, or protest outside the courthouse. For everyone else, you can share information about the lawsuit and encourage those you know in the 17 states to call their AG."
black texts on yellow background reads, "BASIC CALL SCRIPT Hello, my name is [NAME] and I'm a resident of [CITY, STATE]. I am calling to urge AG [LAST NAME] to withdraw from the Texas v. Becerra lawsuit. The suit asks the court to declare that Section 504 is unconstitutional. Section 504 protects the rights of so many people in [STATE] and throughout the country. It is the reason people with disabilities are able to go to school, receive accessible healthcare, use public libraries, and so much more. Without Section 504, children with disabilities would lose their right to be accommodated in public schools, and veterans with disabilities would struggle to access Social Security and other essential programs. This lawsuit will hurt people in [STATE] and I ask you to do what is right and withdraw from this suit to help save Section 504. [STATE] should not be known as the state that helped destroy disability rights. I urge you to withdraw from Texas v. Becerra and protect the rights of all people in [STATE]. Thank you for your time."
black text on yellow background reads "EXAMPLES OF ADDITIONAL TALKING POINTS EXAMPLE: IMPACT ON VETERANS There are [NUMBER] veterans with disabilities in [STATE]. Section 504 protects their rights. It is the reason many veterans are able to receive an education or obtain public benefits even after becoming disabled while serving their country. If [STATE] cares about veterans, why are we part of a lawsuit that will destroy the rights of our most vulnerable veterans? EXAMPLE: PERSONAL STORY I myself am disabled. I am 28 years old and about to finish my last year of law school. Section 504 is the reason I was able to receive accommodations in public school that allowed me to pursue a career fighting for my fellow Americans. I should be worried about exams, not whether I will lose my access to public spaces or the rights that have allowed me to get to this point."
black text on yellow background reads, "For more information, check out Disability Rights Education & Defense Fund (DREDF) and resources shared by @cripple.media powerfullyisa cadisabledicon esyannebloom @_thehopetheory_" END ID

What is happening with section 504? And what you can do about it? Section 504 is under attack. If you live in any of these states, you can call your representatives.

DISABILITY INJUSTICE AFFECTS EVERYONE. You shouldn’t care “just because” you could be disabled one day. You should care *now*, because this will come back to everyone.

Images from @/myelasticheart on Instagram

More Posts from Intersectionalityfinal1 and Others

Open captions. Eye contact. Proper closed captions. Audio description. ~1 minute.

From the video's info section:

Lawrence Carter-Long is the director of communications at Disability Rights Education & Defense Fund (DREDF). In this video interview, he shines a spotlight on how the Americans with Disabilities Act (ADA) came to be through the persistent work of disability activists. “The draft legislation for the Americans with Disabilities Act was put together in the mid-’80s. And then, right, 1990, over 20 years later, what did it take to pass that law? Disability being disruptive. Disabled people saying, ‘No, no, no. We’re not going to be taken for granted, we’re not going to be left behind, and we’re going to show you how determined and how dedicated we are.’ Those are decades between advances, decades between real progress. We’ve waited long enough. The time to be included, the time for this to change is now. And you can be a part of it. You should be a part of it.”

BTW, that Disability and Philanthropy Initiative is another thing the Biden Administration has done to try for more equity for marginalized groups -- including the Disabled.

It's arguable whether or not the philanthropy model is a good thing (personally, I've grown increasingly skeptical of it in my radical middle age). But this is another example of how the Democratic Party and the Republican Party are not the same.

A Real, Unbutchered Pain Scale.

A real, unbutchered pain scale.

Based on this, my base level of pain is a 7. Sounds pretty accurate

Digital illustration of six people of different ages, ethnicities, genders, and abilities. There’s text that reads, “it is exhausting being neurodivergent in a neurotypical world”
Graphic with text that reads “are you experiencing autistic burnout?”  Below there are six icons depicting signs including, “It’s hard to complete tasks; you always feel tired; everyday feels overwhelming; it’s hard to m@sk in front of others; it’s hard to do self care; and struggling to speak or form sentences.”
Graphic with text that reads  “are you experiencing autistic burnout?”  Below there are six icons depicting signs including, “More clumsy or off balance; reduced memory; you feel down or flat; regular meltdowns + shutdowns, loss of interest of hobbies; and increased isolation.”
Graphic with text that reads “what causes autistic burnout?” and bullet points that read “masking autistic traits to fit into a neurotypical world; there is too much expected of you; consistent emotional or sensory overload; big life changes or transitions; not getting enough sleep, health care, or right nutrition; illness, including chronic illness; lack of boundaries; doing too much coupled with an inability to take breaks from stress”
 Graphic with text that reads, ‘how to recover from autistic burnout.” Below there are six icons with text, “Ask for help; rest; take time; allow yourself to stim; unmask; and spend time with a special interests”
Graphic with text that reads, ‘how to recover from autistic burnout.” Below there are six icons with text, “Reduce your load + take breaks; set healthy boundaries; create a routine; pay attention to your body; learn how to manage spoons; know the warning signs of burnout.”

Are you heading for a burnout without even realizing it? For neurodivergent folks, the warning signs of burnout may look different and be harder to recongize. 

Neurodivergent or not, we all need to understand our limits and boundaries. When you’re neurodivergent, you may not know you pushed yourself too far - until it’s too late!

Need help with some of the terms in this post?

😎 “Masking” or “Camouflaging": a coping strategy that many neurodivergent people use to suppress aspects of themselves to appear neurotypical. It’s important to note that social masking is a tool many neurospicy folks use to keep themselves safe, and usually starts in childhood. 🥄 “Spoons” refers to Spoon Theory, which is a metaphor describing the amount of physical or mental energy that a person has for daily activities and tasks. It is a helpful tool for disabled and neurodivergent folks to describe their energy. 👋 “Stim” short for "self-stimulation" is a term used to describe repetitive behaviors or movements that people may engage in to help cope with emotions. It may include rocking, flapping hands or twirling. 

If any of this resonates with you, try letting the “mask” slip a little! 

History Teaches . . . The Power of (Imperiled) Disability Rights
feliciakornbluh.substack.com
Civil Rights Histories are 'All One Piece String': Disability and "DEI"

A really good overview of the disability rights protections threatened by Trump and how his ableist and racist policies are inextricably woven together.

yes, there are that many really disabled people on the internet actually

When I was less sick I used to think, "It seems like such a large portion of people on the internet are disabled, it can't possibly be that large of a percentage of the population" and then let my ableism demons tell me it was because they were faking (the same ones that told me I was faking, until I made myself really ill.)

But now that I'm sicker and wiser I realize I was logically just wrong because

The internet is disabled people's lifeline. There are more disabled people on the internet because OF COURSE. People who aren't disabled can be less chronically online because they don't have to be. This is textbook selection bias!

But actually also I was almost right, because there are way more disabled people in society than you would think! They're just systematically hidden and excluded from public spaces for abled peoples' convenience! 🙃

Anyway maybe this will help you understand and/or explain to abled friends and family.

don't say "empathy" when you mean "helping others."

don't say "empathy" when you mean "moral values."

don't say "empathy" when you mean "taking people's problems into account."

don't say "empathy" when you mean "stand up for people who can't stand up for themselves."

don't say "empathy" when you mean "sense of justice."

don't say "empathy" when you mean "doing right things."

Disability History Crash Course

Throughout history, disabilities has been viewed in many different ways, from curses and bad luck, to simply unfortunate differences some are born with.  In some ancient civilizations, disabled individuals were often marginalized or viewed through religious/superstitious lenses.  In ancient Greece and Rome, individuals with physical or mental disabilities were abandoned or ostracized from civilization. 

 In Europe during the Middle Ages, disabilities were often linked to sin, religious disfavor, or divine punishment, which lead to social exile.  Often, if the disabled individuals received care, it was from family members or religious institutions.  As the age of Enlightenment came to prominence in the 17th and 18th centuries, society began to shift towards medicalization, which changed the view of disability from punishment, to a natural defect, to be diagnosed and treated. 

The 19th and 20th century brought about the rise of sanatoriums, asylums, and institutions designed as a way to 'treat' people with disabilities.  This new approach of 'treatment' was, in reality, a way to hide disabled people from the public, and often lead to isolation and severe medical mistreatment of the patients.  This, along with the creation of Eugenics movements, lead to many harmful stigmas surrounding disability.

As disability rights movements gained momentum in the mid-20th century, different bills and acts were passed in order to protect disabled people.  Some  landmark events were the Independent Living Movement and the passing of the Americans with Disabilities Act (1990).  As the U.S. shifted away from seclusion and towards inclusion, equality, and accessibility, many of the stigmas surrounding disability began to easy, and people began to see disability as not just a medical issue, but as a social and political issue.


Tags
The Iconic Civil Rights Protest You Don't Know | American Experience | PBS
pbs.org
Meet the protesters who crawled their way into history—and changed how all Americans live.

Imagine climbing up 83 steps. Perhaps that doesn’t seem like such a big deal—but that’s likely because you’d be walking. What would you do, though, if you couldn’t?  That was the premise behind the Capitol Crawl, a now-iconic protest to demand the passage of the Americans with Disabilities Act. The ADA was a landmark civil rights bill aimed at providing basic amenities and protections to some 40 million mentally and physically disabled citizens. Today we take many of the ADA’s changes to society—curb cuts in sidewalks and closed captioning on entertainment, to name just two examples—for granted. But the act’s passage, in 1990, was anything but guaranteed. By spring of that year, the ADA had been trapped in legislative limbo for months. Despite the strong support of then-President George H.W. Bush, the act was languishing in Congress, caught in the deliberations of House subcommittees. Many U.S. Representatives balked at the expense and complication posed by the ADA’s requirements. Enter ADAPT—American Disabled for Accessible Public Transit—a grassroots disability rights organization that had been staging protests across the country even before its official founding in 1983. On March 12, 1990, ADAPT led a procession of more than 500 marchers, including other disability activists and lobbyists, from the White House to the west side of the U.S. Capitol. There, in the kind of guerrilla civic action for which the organization had become known, scores of marchers dropped to the ground and began the long journey up the hard marble stairs leading to the “People’s House.” They climbed backwards or on their hands and knees, step-by-painstaking-step. “As I’m seeing the people around me,” recalled Anita Cameron, one of the ADAPT activists who made her way up that day, “I'm like, ‘whoa, we are doing it. We are really doing it. We’re, like, crawling into history.’” Rolled up in their pockets, protestors carried copies of the Declaration of Independence. Once they finally summitted the stairs, ADAPT reps delivered those scrolls to members of Congress as a reminder of the ADA’s importance. And while media coverage of the event wasn’t extensive, but the publicity that was garnered by the Crawl was impactful. “The pictures were striking,” said The New York Times several days later, “just as they were intended to be: Children paralyzed from the waist down crawling up the steps of the Capitol.” Six months later, following the bill’s now-remarkably swift passage through the House, President George H. W. Bush signed the ADA into law. “We did it to show that we disabled people, as second class citizens, needed change. And the vehicle for how it was going to change was the ADA,” Cameron told American Experience, reflecting on the Capitol Crawl’s significance. “But I think a lot of people forget that the ADA was the floor. It was not the ceiling. So it was the beginning of rights for us, but it was not the end.”

Imagine Climbing Up 83 Steps. Perhaps That Doesn’t Seem Like Such A Big Deal—but That’s Likely
Imagine Climbing Up 83 Steps. Perhaps That Doesn’t Seem Like Such A Big Deal—but That’s Likely
Imagine Climbing Up 83 Steps. Perhaps That Doesn’t Seem Like Such A Big Deal—but That’s Likely
Imagine Climbing Up 83 Steps. Perhaps That Doesn’t Seem Like Such A Big Deal—but That’s Likely
A History Lesson: Disabled Activists and our Right to Exist in Public
Reshaping Reality
For a History Lesson and reminder of the role Disabled people have played in activism, I singled out a few instances, but there’s hundreds o

"For a History Lesson and reminder of the role Disabled people have played in activism, I singled out a few instances, but there’s hundreds of thousands throughout America’s history. Many of the privileges and rights people have had are due partly to the fight of our disabled ancestors."

My article details the oppression we've faced for centuries (how it impacts disabled folks of different races, genders, orientations, citizenship status), it talks about the strikes organized by the Disabled Miners and Widows in conjunction with other union groups (and the solidarity this created across union lines). I also talk about the origin of the concept of Accessibility.

As a reminder, Disability is the one marginalized group you can join at any time. Everyone can become disabled, and that is not something to fear -- society taught us to fear it, but I am here to remind you that disabled people are worthy of care, dignity, and respect. We matter and fighting with us will help save all of us including non-disabled people as what impacts us will impact you.

I'd recommend reading it all! I pull out this one example since we're having to defend Section 504 yet again. These tactics used for Section 504 was also used to push for the ADA. I believe it is time for solidarity and more sit-ins/occupations of federal offices:

SECTION 504 Sit-ins

In 1972, Congress drafted the Rehabilitation Act, which was driven largely by the needs of Vietnam veterans. However, this act drew the gaze of the civil rights activists largely due to Section 504.

In Section 504, it stated that people with disabilities should not be “be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.”

The bill was first vetoed by Nixon in 1972, however, activists across the country from various disability advocacy groups and many student groups testified before state legislatures and Congress to push for the elimination of architectural, educational, bureaucratic, and other barriers. They argued heavily for elimination of these barriers and for the ability to be considered for jobs.

Despite Nixon vetoing the Rehab Act a second time, it passed in September 1973. Its section 504 gave disabled people legal and cultural frameworks to gain access to the parts of society they’d been denied prior.

However, these laws were not enforced. Through the lawsuit Cherry v. Matthews, activists pushed for enforcement regulations, and in July 1976 a federal judge ordered the Secretary of Health, Education, and Welfare (HEW) to develop regulations.

With the continued federal failure to enforce Section 504, Disability activists staged demonstrations in Washington D.C. and in each of the ten HEW offices across the country. This sit in lasted twenty-five days. Judy Heumann helped lead one of the largest sit-ins of federal offices.

Judy Heumann sits in a wheelchair and speaks into a microphone at the Section 504 sit-ins of a federal office. She wears a coat with a 'defend Section 504' sticker on its breast.

“Oh deep in my heart, I do believe that we shall overcome today,” protesters sang at the sit-ins.

These protests gathered allies from local and national labor unions who joined protestors and wrote statements of support.

When phone lines were cut, the Butterfly Brigade, who were a group of gay men who patrolled streets to stop antigay violence, smuggled in walkie talkies.

The Black Panthers provided one hot meal a day, and Chicano activists brought food regularly.

Chuck Jackson, who was part of the Black Panthers, joined the protest by provided attendant-care services for Disabled Black Panthers in the sit-ins and other protest members.

Increasing media attention brought the focus of the nation. Images and video of disabled people crawling up the steps to reach the sit-in were heavily publicized.

Four weeks into the occupation, HEW secretary Joseph Califano signed the enforcement regulations, thus ensuring all programs receiving federal funding could not discrimination based on disability.

READ THE FULL POST HERE.

Being Disabled Shouldn't Equal Being Poor.

Being disabled shouldn't equal being poor.

Abolish the sub-minimum wage, increase income caps for disability assistance, and establish universal basic income.

digital illustration of a disabled nonbinary person with leg braces. They have a green mullet and are wearing a black t-shirt, purple cargo pants, green chunky heels and a green belt. There's text that reads, 'being disabled shouldn't equal being poor.'

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intersectionalityfinal1 - Disability History, Activism, and more
Disability History, Activism, and more

Hello, my name is Katie Lindsey and this blog is part of my Intersectionality & Identities College Course Final for Spring 2025

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