Fifty Years of Hard-Won Rights Are on the Line: The Fight to Save Section 504

by

Published in support of the National Federation of the Blind‘s March 2026 call to action.

There is a lawsuit moving quietly through the American legal system right now that could undo five decades of civil rights progress for tens of millions of disabled Americans. It is called Texas v. Kennedy, and if you haven’t heard of it yet, that is exactly the problem.

The National Federation of the Blind (NFB) is sounding the alarm — and asking all of us, disabled or not, to pick up the phone and write the email. Here is why this matters, what is at stake, and exactly what you can do about it today.

The Law That Changed Everything

In 1973, Congress passed Section 504 of the Rehabilitation Act — the first federal law in American history to prohibit discrimination on the basis of disability. Its principle was simple and radical: no person with a disability could be excluded from, denied the benefits of, or discriminated against in any program or activity receiving federal financial assistance.

In the decades since, Section 504 has meant that a blind child has the legal right to accessible materials in a federally funded school. That a wheelchair user cannot be turned away from a government building. That a disabled employee at a federally funded organization has recourse against discrimination. It was the direct legal precursor to the Americans with Disabilities Act of 1990 — one of the most important civil rights laws ever enacted in this country.

Section 504 is not a technicality. It is the legal backbone of disabled life in America.

What Texas v. Kennedy Threatens

The Texas v. Kennedy lawsuit, filed by a coalition of nine states led by Texas, challenges the federal government’s authority to enforce Section 504 as currently written and applied. According to the NFB’s official call to action issued in March 2026, the lawsuit “risks weakening or eliminating key protections that blind people in the United States rely on every day,” endangering access to “education, employment, public services, and other essential opportunities.” [National Federation of the Blind, March 2026]

If the plaintiffs prevail, the federal government’s ability to require accessibility accommodations, enforce non-discrimination standards, and hold federally funded institutions accountable could be dramatically curtailed. Schools could reduce or eliminate accommodations for disabled students. Employers at federally funded institutions could discriminate against disabled workers. Public services millions of people depend upon every day could become legally inaccessible without meaningful federal recourse.

The implications reach beyond Section 504 itself. The legal theory at the heart of this case — that federal authority to attach civil rights conditions to federal funding is constitutionally limited — could set a precedent that weakens enforcement of other civil rights statutes as well. This is not simply a disability rights issue. It is a civil rights issue for every American.

The Nine States Behind This Lawsuit

The following nine states are currently party to Texas v. Kennedy:

  • Texas
  • Alaska
  • Florida
  • Indiana
  • Kansas
  • Louisiana
  • Missouri
  • Montana
  • South Dakota

The NFB has already organized nine of its state affiliates to write directly to their respective attorneys general urging withdrawal from the case. [NFB Letter from Nine Affiliates, March 2026] Now it is time for the broader public to join that effort.

Why Your Letter or Call Can Actually Change the Outcome

It is easy to feel that a single email cannot change the course of a federal lawsuit. But that thinking misunderstands how political and legal pressure actually works.

Attorneys general and governors are elected officials. They are acutely sensitive to constituent opinion, organized public pressure, and the reputational cost of being seen as attacking the civil rights of disabled citizens. When thousands of letters arrive, when inboxes fill and phone lines ring, when local and national media begin covering a public outcry, political calculations change. Officials who joined this lawsuit made a choice. Sustained constituent pressure helps them make a different one.

Beyond the direct political impact, a documented record of public opposition shapes how officials talk about the case publicly, how they respond to press inquiries, and whether withdrawal begins to look like the politically prudent path. The history of American civil rights is full of moments where ordinary people writing ordinary letters tipped the balance. This is one of those moments.

If You Live in One of the Nine States: Contact Your Officials Now

If you are a resident of any of the nine states party to this lawsuit, your message carries the most direct political weight. Please contact your state attorney general and urge them to withdraw your state from Texas v. Kennedy immediately.

Here are the direct contact emails provided by the NFB [NFB Call to Action, March 2026]:

When you call or write, here is what to say (adapted from the NFB’s suggested message [NFB, March 2026]):

“Hello, my name is [Your Name], and I am a constituent. I am writing to urge you to withdraw our state from the Texas v. Kennedy lawsuit. This lawsuit threatens Section 504 of the Rehabilitation Act — a critical civil rights protection that ensures equal access for blind and disabled Americans in education, employment, and public life. Weakening Section 504 would cause real, lasting harm to real people in our state. Please take immediate action to remove us from this harmful lawsuit. Thank you.”

Make it personal if you can. Tell them about a family member who depends on accessible education. A friend who relies on workplace accommodations. A neighbor whose independence would be threatened. Officials remember letters that put a human face on the law.

If You Live Outside the Nine States: Contact Texas Directly

Texas is the lead plaintiff and the political engine driving this lawsuit. Even if you are not a Texan, contacting the Texas Attorney General’s office sends a clear signal that this case has drawn national attention and national opposition.

Texas Attorney General: kenneth.paxton@oag.texas.gov

Tell them that people across the country are watching this case, and that the disability community — and everyone who supports civil rights — expects better.

Share This. Amplify This. Don’t Wait.

The NFB’s call to action is clear: “Your voice is critical. Every message sent and every phone call made helps demonstrate that blind Americans will not stand by while our civil rights are threatened.” [NFB, March 2026]

But this fight belongs to all of us. Forward this article. Post it. Print it out for someone who needs it. Bring it up at your church, your school, your community organization. The officials who signed their states onto this lawsuit are counting on public silence. Let’s make sure they don’t get it.

Section 504 is a promise America made to its disabled citizens fifty years ago. Let’s hold the line together.

Sources & Further Reading

For more information, contact the National Federation of the Blind at 410-659-9314 or visit nfb.org.