A threat to Section 504 could put our disability protections at risk

On a muggy Fourth of July in Georgia in 1993, my husband, Dave, and I walked along the side of the road, returning to our car after watching fireworks. There weren’t any sidewalks, so I walked on the edge of the road to avoid tripping in the dark while Dave stayed on the grass. My ataxic gate, caused by my rare disease, Friedreich’s ataxia (FA), prompted an unkind driver to yell at me, “Get out of the road, you drunk.”

Because I was still walking without a mobility device, FA symptoms made me appear drunk. I was frequently accused of being intoxicated. To prevent that, I’d try to let others know about my disability as soon as possible. This approach worked well in many settings, such as at work with colleagues. However, I couldn’t do that in public settings, like in a restaurant or at the grocery store.

Identifying as disabled was a challenging but necessary step. It was difficult to acknowledge my vulnerabilities in a world that didn’t accept them, but I benefited from seeing myself as part of a significant minority. I learned I wasn’t alone. Many of the obstacles I encountered, both environmental and attitudinal, were shared by millions.

During that time, I voraciously read “No Pity: People with Disabilities Forging a New Civil Rights Movement” by Joseph P. Shapiro. I discovered that the curb cuts, ramps, and legal protections I relied on — and continue to do so — existed because of some courageous advocates who pushed our U.S. government to treat us as the equals we are. It continues to fill me with pride to be part of that group.

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A little about Section 504

Section 504 of the Rehabilitation Act of 1973 was a groundbreaking piece of legislation that prohibited discrimination against people with disabilities in programs and activities that receive federal funding. President Richard Nixon signed it into law on Sept. 26, 1973 — my 11th birthday. It was the first federal civil rights protection for people with disabilities. At the time, I didn’t know anything about that birthday present and how crucial it would be to my life.

With the passage of Section 504, the government seemed to recognize that society had historically treated people with disabilities as second-class citizens based on deeply held fears and stereotypes. The law dramatically changed societal and legal perceptions, acknowledging the role of discrimination and ensuring that people with disabilities had the right to dignity and self-respect as equal and contributing members of society. Section 504 serves as the undergirding for the Americans with Disabilities Act of 1990.

Section 504 ensures that people with disabilities can participate in society without discrimination and that they have the necessary support to succeed in school, work, and other aspects of life. Without these protections, many people with disabilities would face significant barriers to achieving their full potential and living independently.

While the law authorizing Section 504 was passed in 1973, the regulations that would implement it remained unsigned in 1977. That is when our disability rights warriors knew they needed to take action to prevent further postponement. According to a National Park Service article, they began their protest by staging sit-ins at the offices of the Department of Health, Education, and Welfare (HEW) in 11 cities nationwide.

Advocates bravely extended their protest at the HEW offices in San Francisco for 26 days. I call them brave because they endured the entire protest without their mobility equipment, hot water, or phone communication. They created a makeshift refrigerator from an air conditioner to keep essential medical supplies viable. They slept on floors, risking pressure sores. I’m describing only a few of the hardships they experienced.

It worked. After 26 days and some negotiation, the regulations were signed.

Section 504 in jeopardy

According to the Disability Rights Education and Defense Fund (DREDF), Section 504 is currently under threat. Sixteen states have joined Texas in a federal lawsuit seeking to declare it unconstitutional.

The lawsuit is currently on pause. However, if litigation resumes, it could potentially dismantle essential protections that prevent discrimination against people with disabilities, making it easier for such discrimination to go unchallenged, the DREDF website notes.

I encourage you to learn more. If you strongly believe that Section 504 should stand, the DREDF site explains how to contact your state’s attorney general and request that they stop pursuing this lawsuit or file an amicus brief in support of keeping Section 504 as it is.

Being disabled means that I’ve faced many struggles in life. Clawing back the rights that people with disabilities already had is not a fight I thought I’d have to engage in. I accept that this is the situation, and I will act accordingly, but I’d rather be fighting for additional rights than struggling to keep ones that were already mine.

Note: Friedreich’s Ataxia News is strictly a news and information website about the disease. It does not provide medical advice, diagnosis, or treatment. This content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or another qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this website. The opinions expressed in this column are not those of Friedreich’s Ataxia News or its parent company, Bionews, and are intended to spark discussion about issues pertaining to Friedreich’s ataxia.