As we shared recently, the Texas v. Kennedy case has created a setback for the right to live in the community. In that case, the U.S. Department of Justice and five states colluded to obtain a court order that strikes down parts of the 2024 Section 504 rule. This means that the federal government does not have to take action to enforce the right of people with disabilities to receive services in the community instead of institutions. The court order applies across the country.
For Illinoisans with disabilities, we can take action to preserve Section 504 protections in our state. This past spring, Access Living introduced the Disability Protections Conservation Act: House Bill 4967 (HB 4967), legislation that would strengthen disability civil rights protections in Illinois by putting key Section 504 protections into state law. Section 504 has protected our community nationwide from discrimination in federally funded programs for more than 50 years. HB 4967 would help ensure that Illinois has its own tools to protect these rights, even as federal protections face new legal and administrative threats.
With the court order in Texas v. Kennedy, the need for this legislation in Illinois has become even more urgent. We should not have to wonder whether changes in Washington or decisions by federal courts will weaken the protections we rely on to access healthcare, education, housing, community services, and other programs.
If you live in Illinois, we need your help to pass HB 4967 during the Illinois General Assembly’s veto session this November and December. Ask your Illinois state legislators to support HB 4967 today.
Let’s be clear: Section 504 is still the law. The Americans with Disabilities Act (ADA) and the Supreme Court’s Olmstead decision remain in place. However, the Texas v. Kennedy order is a clear attempt to weaken the right to community integration. We will continue to fight to protect those rights nationally, but Illinois does not have to wait for the next federal attack. Our state can act now with HB 4967.
Finally, disability organizations nationwide are speaking out against Texas v. Kennedy. We shared this statement from DCIC yesterday. Many of our disability organization peers have also released statements, including American Association of People with Disabilities, American Council of the Blind, Autistic Self Advocacy Network, National Council on Independent Living, and a group statement from national disability legal organizations.