America In Danger of Going Backwards: If We Forget Our History, We Are Doomed to Repeat It by Jason Hahr and Samantha Lebron

Above is a black and white photo of the 504 sit-in from 1977. 

Okay, so maybe I’m late to the party. Still, I was recently made aware of a disturbing lawsuit taking place that will effectively erase the strides we have made as disabled people in America over the last several decades. The lawsuit that is slowly gaining traction, Texas vs. Becerra, is an attempt by 17 states to overturn the Rehabilitation Act of 1973 protections for people with disabilities, explicitly aiming to overturn the 504 provision.

I will list the 17 states that I believe are harming not only the disability community in America but America as a whole. However, before I do so, I will highlight that my home state of Florida is one of the offenders. The lawsuit is an attempt to not make America great again by using a slogan from our newly elected President. Still, in my opinion, instead, it is an attempt to return to the dark ages of disability in America.

Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Texas, Utah, and West Virginia

Over the next several weeks, I will do my part to educate and advocate against this lawsuit. However, before one can understand and take a position on the other side of the lawsuit, it is important to outline the lawsuit in general and the legislation it seeks to overturn. Everyone is familiar with the Americans with Disabilities Act of 1990 (ADA) but may not be familiar with its predecessor, the Rehabilitation Act of 1973. The rest of this blog will attempt to shed light on the history of this crucial disability legislation currently under attack.

Before the passage of Section 504 of the Rehabilitation Act of 1973, individuals with disabilities faced significant discrimination and exclusion in various aspects of life, including education, employment, and public services. Unlike other marginalized groups protected under civil rights laws, people with disabilities lacked formal legal protections against discrimination, leaving them vulnerable to systemic barriers that encompass various aspects of life.

●     Limited Legal Protections:

○      Before 1973, few federal laws explicitly protected the rights of individuals with disabilities. The Social Security Act (1935) and the Vocational Rehabilitation Act (1920, amended in 1954) provided some financial support and vocational training, but they did not address discrimination or ensure equal access to public services and employment.

○      People with disabilities were often institutionalized, segregated, or denied fundamental rights due to societal misconceptions about their capabilities.

●     Educational Exclusion:

○      Many children with disabilities were denied access to public schools or placed in segregated institutions with little to no meaningful educational opportunities.

○      Schools were not required to provide accommodations, making it nearly impossible for students with physical or cognitive disabilities to receive an equitable education.

○      Individuals with disabilities were frequently denied jobs due to their conditions, with employers often justifying discrimination by arguing that accommodations were too costly or that people with disabilities could not perform work-related tasks.

●     Employment Barriers: Employment Barriers:

There were no federal mandates requiring equal treatment or workplace accessibility.

●     Lack of Public Accessibility:

○      Buildings, public transportation, and community infrastructure were rarely designed with accessibility in mind. Many individuals with mobility impairments could not navigate public spaces, attend schools, or seek employment due to physical barriers such as stairs, lack of ramps, and inaccessible public transportation.

●     Civil Rights Movements as a Catalyst for Change:

○      The 1950s and 1960s saw significant advancements in civil rights for racial and gender equality, laying the groundwork for disability rights activism.

○      Inspired by the Civil Rights Act of 1964, which prohibited discrimination based on race, color, religion, sex, and national origin, disability rights activists began pushing for similar protections.

○      The independent living movement, led by activists such as Ed Roberts, advocated for equal access to education, employment, and public life.

By the early 1970s, disability rights advocates, including organizations like the National Association for Retarded Citizens (now The Arc) and the newly formed Disabled in Action, began pressuring Congress to enact comprehensive anti-discrimination laws. This growing movement paved the way for the inclusion of Section 504 in the Rehabilitation Act of 1973, marking the first time federal law explicitly prohibited discrimination against individuals with disabilities in programs receiving federal funding.

This is only a brief introduction to the importance of Section 504. If you are interested in learning more, follow the blog on Facebook. You can also learn more on the FL SANDs advocacy call this Monday and by subscribing to their newsletter @ FLSACentral.org.

Until next time,

Your friendly neighborhood advocates, Jay and Samatha Lebron.