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Texas v. Kennedy lawsuit challenges Section 504 disability regulations
A coalition of states led by Texas Attorney General Ken Paxton has renewed a lawsuit, Texas v. Kennedy, contesting federal regulations issued by the Department of Health and Human Services that clarify the integration mandate of Section 504 of the Rehabilitation Act. The rules require that people with disabilities receive services in the most integrated setting possible and prohibit forcing them into institutions. While several states have since withdrawn from the case, Texas, Alaska and Florida continue to pursue it, raising concerns among disability‑rights groups that the challenge could erode long‑standing protections.
The legal dispute has inspired cultural response as Phamaly Theatre Company premiered “504: The Musical” in Denver, dramatizing the 1977 occupation of a San Francisco federal building that secured the original regulations. The production underscores that the fight over Section 504 remains ongoing, echoing advocates’ warnings that the current lawsuit threatens the rights of disabled Americans, including women who face higher rates of disability.
Entities
Department of Health and Human Services · Disability Rights Education and Defense Fund · Ken Paxton · Phamaly Theatre Company · Texas