Floridians with disabilities can lose important protections. This is the reason

In April 1977, hundreds of disabled people descended to federal offices in 11 U.S. cities to protest that the federal government did not sign a possible legislation under Section 504 of the 1973 Occupational Rehabilitation Act.

Section 504 is a groundbreaking part of the law, providing equal protection under the law of people with disabilities. However, if regulations were not signed into law, they could not be enforced. Fed up waiting for the president’s actions, people with disabilities took action in their own hands in cities across the country and occupied federal government offices. Most lasted for several days, but the occupation of San Francisco lasted several weeks, with the longest federal office space in American history.

In Washington, D.C., demonstrators picketed Maryland, the outskirts of US Secretary of Health, Education and Human Services Joseph California, demanding “sign or resign.” Finally, on April 28, California succumbed to pressure from protesters and public, and signed legislation.

504 was the most important law for people with disabilities registered to that date, and set the stage for passing the Americans with Disabilities Act (ADA) in July 1990. Equally important, it showed that the collaborative activities of the protesters can cooperate from disability to disability to disability to comfortable disability, from physical disability to disability. Their slogan, “Nothing About Us, Nothing About Us” helped reconstruct American society in ways big and small.

Curb cuts, entrance lamps, parking spaces for disabled people, and a comprehensive classroom setting — everything becomes a routine part of American life, benefiting not only people with disabilities but all Americans. People with disabilities have become part of American society, becoming unseen in public places, relegated to the back doors of facilities, and are now available to participate as full-scale citizens. This is due to the advocacy and direct action of people with disabilities and their allies. However, they had to stay vigilant as the group attacked the 504 and the ADA, imposing ostensibly nasty regulations and surveillance on businesses and businesses. There is now another threat emerging in the culture wars of the current political scene. Last September, Texas filed a lawsuit in U.S. District Court, under the direction of Attorney General Ken Paxton, declaring some of the 504s invalid and unconstitutional.

The lawsuit was entitled Texas v Becara (Xavier Beclara was the secretary of the Department of Health and Human Services under President Joe Biden). An update to the lawsuit’s joint status report was filed on February 19, 2025 and is now entitled Texas v. Kennedy (Robert F. Kennedy Jr. is President Donald Trump’s current health secretary).

Sixteen other states have joined Texas in both litigation and follow-up status reports. Florida has joined the lawsuit under the auspices of state attorney general James Usmeyer. The lawsuit was filed to prevent 504 from providing protection and accommodation to people with gender discomfort (psychological distress caused by inconsistencies between gender and gender identity assigned at birth). These were provisions added under the Biden administration.

Advocates of the lawsuit argue that not expanding 504 to include individuals with gender discomfort, a group not covered by the original regulations is merely an effort. However, in demand for relief, the lawsuit seeks “section 504, 29 USC 794, declares unconstitutional” and “issuing permanent injunctive relief against the accused.”

This means that we want all 504 to be declared unconstitutional, not just the gender discomfort part. If the court finds it supports Paxton and Texas, the constitutional rights of disabled people at the federal level must be fully committed and continue the 50-year struggle.

The protests from the disabled community are strong and loud. Because of this blowback, Paxton retreated from the language of the original suit. In a recent status report, he declared that “the plaintiffs have made it clear that they have never moved and have not planned any moves — the court has made it clear that they will declare or prohibit Section 504, 29 USC §794 of the Rehabilitation Act.”

Nevertheless, the language of the original lawsuit remains, and people with disabilities are equally careful about their true intentions. Ironically, the lawsuit began in Texas and Governor Greg Abbott, who has been relying on wheelchairs since the 26-year-old accident, has benefited greatly from advances in Section 504 and the Americans with Disabilities Act. Let us remind you that we are all tabs only (temporarily healthy), like the brave people of 1977, we all have to fight to maintain the accommodation and support provided by the 504 and the American Disability Act.

Dr. Steven Noll teaches disability history at the University of Florida and is working on a book titled “Patients” No More: 504 and the 1977 Disability Rights Protest.