Section 504 of the Rehabilitation Act of 1973 is a national law that protects qualified individuals from discrimination based on their disability.
The nondiscrimination requirements of the law apply to employers and organizations that receive financial assistance from any Federal department or agency, according to the U.S. Department of Health and Human Services.
Now a lawsuit filed by 17 states, including Louisiana, challenges the Biden administration's 2024 update to Section 504, which includes gender dysphoria in the definition of disability.
KATC spoke with Charlotte Cravins and her one-year-old son Landry, who has Down syndrome and is blind in one eye. We asked her how she felt about lawmakers trying to declare Section 504 unconstitutional in the lawsuit.
"I was honestly shocked by it. People like Landry and other disabled people need protections more than anyone. Prior to these protections, they were institutionalized and sent to the margins of society. Without these protections, I’m really scared that could happen again," Cravins said.
KATC asked Cravins about Landry's portable oxygen machine.
"One side effect of Down syndrome is something called a floppy airway, which is caused by low muscle tone. This helps him get some oxygen support and keep his airway open," Cravins says.
The states have now submitted a joint status report saying that they do not wish to have all of Section 504 deemed unconstitutional, but this does not ease Landry's mother's worries.
"I think Louisiana should withdraw from the lawsuit because you’re willing to gamble disability protections for this one part of the law you’re objecting to," Cravins said.
According to a statement from Louisiana Attorney General Liz Murrill,
"I support Section 504 protections for people with disabilities. I do NOT support continuing with that particular part of the lawsuit. The case is in the process of settling, and I believe that particular claim will ultimately be dropped out of the lawsuit."
For Cravins, lawsuit or not, she is prepared to advocate for her son and ensure his future is secure.
"I’m here to fight for Landry and people like him," Cravins said.
That statement by the Attorney General also states:
"We are actively seeking a resolution with the Trump administration that would withdraw these rules while still protecting The Americans with Disabilities Act’s traditional coverage and interpretation. The Biden administration’s rule would threaten federal funding for disabled Louisianans and take away healthcare options for those covered by Medicaid if Louisiana did not comply with its radical agenda."
To read the lawsuit in full, click here.
