JACKSONVILLE, Fla. – A lawsuit challenging Section 504, a federal law that recognizes the civil rights of individuals with disabilities, is gaining national attention. The lawsuit, filed in September, names 17 states in response to the Biden administration’s decision to expand the definition of a disability to include gender dysphoria. Among the states named are Florida and Georgia.
News4JAX discovered the lawsuit against former Health and Human Services Secretary Xavier Becerra and the department after a viewer requested more information. We found multiple articles from local news outlets and a Forbes article linking to the 48-page document.
The lawsuit references the Americans with Disabilities Act, stating that certain conditions, including gender identity disorders not resulting from physical impairments, are not protected under the ADA. The lawsuit argues that including gender dysphoria as a disability would have significant impacts on the states involved. It also claims that Section 504 is unconstitutional.
Gamble Scott, is a Duval County mom who has a child with a 504 plan. Scott expressed concern about the lawsuit’s potential impact on these plans.
“I don’t think any teacher, regardless of political affiliation, would support this,” Scott said. “Any administration, any educator, and I would think all parents, regardless of whether or not their child has a 504 plan, would understand and appreciate the need to keep those protections in place.”
News4JAX reached out to the attorneys general in Georgia and Florida for comment. Kara Murray, communications director for Georgia Attorney General Chris Carr, responded with this statement:
The lawsuit being referenced in no way, shape, or form would affect Georgia’s existing 504 disability program. The lawsuit would not end 504 protections for Georgia students.
In May 2024, the Biden administration issued a rule attempting to unconstitutionally expand the definition of “disability” under Section 504 to include “gender dysphoria.” Our legal challenge was solely about this rule which, if implemented, would have stripped existing 504 resources away from students who deserve them and need them most.
Thankfully, the case is stayed at this time, and the rule is not currently in effect. We expect the new administration will reverse Biden’s actions that put funding for children at risk in the first place.
Any information to the contrary is false, fraudulent and a deliberate misrepresentation of the central argument of the case, and it’s being spread nationally by partisan, political groups out of California. It’s reprehensible that a political organization would cherry-pick language from the lawsuit and take it out of context to deliberately scare families with children receiving 504 program benefits.
Kara Murray, Communications Director for the Georgia Attorney General
Brittany Beimourtrusting, another Duval County parent with a child on a 504 plan, shared her thoughts after hearing the statement from Georgia’s attorney general.
“It’s really unfortunate that this, you know, I mean, if they’re walking it back, then good for them,” Beimourtrusting said. “But I also think we need to call them out if they, you know, like, let’s really follow up on this and figure out where this came from.”
News4JAX followed up with the Georgia Attorney General’s Office regarding concerns from parents of children with gender dysphoria. Murray responded, emphasizing the purpose of Section 504.
“Section 504 was designed to protect children with disabilities, not to serve as a vehicle for advancing woke agendas,” Murray said. “We’re committed to protecting Georgia’s existing 504 program.”
Scott also expressed concerns about children with gender dysphoria.
“States are doing the same thing that are sort of unfairly discriminating and targeting transgender students or students who are, you know, questioning or not sure, and they are vulnerable,” Scott said. “There are really heinous things being said and violent acts being committed against some transgender people in our population.”
Despite the lawsuit being on hold, Beimourtrusting is worried about potential future implications.
“I just would caution parents, I mean, everyone to be aware of where this was really coming from, and if they smooth it over, great, but let’s all take a closer look at this,” Beimourtrusting said. “Because if they were focused on children with disabilities, children with disabilities were one of the first focuses of the Holocaust. And that’s, that’s, you know, going, no one would ever want anything like that.”
We are awaiting a response from the Florida Attorney General’s Office and will update this article if we receive a response.
