As a founding member of the Defend Community Integration Coalition, we are sharing this important statement regarding the Texas v. Kennedy lawsuit. Access Living will share more about actions that Illinoisans with disabilities can take to protect Section 504 in this state.
DCIC Statement:
Texas v. Kennedy Abandons Federal Commitment to Community Integration
September 24, 2026 — Yesterday, the federal judge in the case of Texas v. Kennedy entered an order throwing out the community integration provisions of the Section 504 rule issued in 2024 by the U.S. Department of Health and Human Services (HHS). The order applies across the country. The Defend Community Integration Coalition (DCIC) condemns the federal government’s action resulting in this order, and urges renewed advocacy to protect our right to community integration.
The agreement approved by the judge was proposed jointly by the Department of Justice (DOJ) on behalf of HHS and the states of Texas, Florida, Alaska, Louisiana, and Montana. It affects only certain parts of the 2024 rule. The case is now closed. Learn more about Texas v. Kennedy at this link.
While the DOJ/HHS and states’ agreement attempts to turn back the clock, it is important to note that this agreement does not change any laws. Despite the court’s order, Section 504, the Americans with Disabilities Act, and the Supreme Court’s Olmstead decision remain in place. We continue to have the legal right to not be forced into institutions. It is very important that governors and attorneys general in every state understand that this order goes against decades of established law, and that the disability community will not go backwards.
Although our legal right to live in the community remains in place, the federal government is taking away clear direction to the states that health and social services should support disabled people in community settings whenever appropriate. The removal of the community integration provisions of the HHS Section 504 rule applies to all states, not just the states that sued. Loss of this clear guidance is a serious setback for our work to ensure that people are not forced to live in institutions in order to get the services they need.
Let’s be clear. Disability rights and our ability to live in our homes and our communities are in crisis. Although some states have expressed a commitment to ensuring that people with disabilities can live in the community, many states have not done so. We urge state legislatures to use this misguided and harmful ruling as a wake up call to enshrine the right of disabled people to live in their communities in state law.
The rights of disabled people have been won at enormous cost by activists over the past 50 years. Disability rights are human rights.
We will NOT go back.
DCIC is a national coalition of organizations led by and for people with disabilities, focused on defending our right to live in the community. Stay tuned for updates from DCIC for action opportunities to defend our right to live in the community.