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Experiential Life
Embracing Yesterday's Tomorrow
From Sit-Ins to Spotlights: Protecting Disability Rights
Last weekend, my autistic son performed with 59 other kids (with and without disabilities) on an accessible stage, in front of nearly 1,000 community members. .
No one left the theater without shedding a tear.
That moment exists because in April, 47 years ago, disabled advocates occupied a federal building for 26 days. Their protest led to Section 504 – the first major disability civil rights law in the U.S.
Because of their advocacy, my son has a place to belong. But this legacy is being tested again.
Two Supreme Court cases could change how disability rights are defined, enforced, and protected. One questions who gets coverage under Section 504. The other could make it harder for families to fight discrimination in schools.
Disability rights. Community living. Inclusion. Public access.
All possible – in part – because of the 504 Sit-In in 1977. That peaceful protest lasted 26 days, making it the longest nonviolent occupation of a federal building in U.S. history.
It led to the enforcement of Section 504 of the Rehabilitation Act – the first federal civil rights protection for people with disabilities. It laid the groundwork for the ADA. It made clear that disabled people as citizens of the United States also “are endowed, by their Creator, with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness.”
But the last 100 days have shown these protections are fragile. And they’re being challenged in court again.
A Stage Built on Advocacy
C spent his childhood watching his brothers perform on stage. He LOVES the theater. He LOVES music.
He wants to be on stage, he wants to perform.
But finding an inclusive theater program is like finding a needle in a haystack.
And then, the children’s theater company that we’ve been involved with for over a decade partnered with The Penguin Project – and C found his place – his purpose.
He found friends and community.
Being inclusive and accessible should not be radical – but it is
Watching my autistic son perform on stage should not be radical – but it is.
That moment was made possible by the disabled advocates and activists who came before us. Who sat for 26 days, so he and his friends could shine in the spotlight.
Their fight led to ramps, accessible seats, inclusive programs, and anti-discrimination protections.
And now, we fight to keep the protections in place.
If you haven’t heard about these court cases yet, you’re not behind.
The systems count on us being too buried in real life to notice.
That’s exactly why I’m breaking it down here.
Today’s Legal Threats to Section 504 and Disability Rights
Two Supreme Court cases could reshape how Section 504 is understood and enforced.
Texas v. Kennedy (formerly Texas v. Becerra)
What is this case about?
In 2024, a group of 17 states – led by Texas – sued the federal government to try to block new disability rights regulations. At first, they went as far as to argue that Section 504 of the Rehabilitation Act (the law that protects disabled people from discrimination) was unconstitutional.
That part of the lawsuit has since been dropped.
But the case is still moving forward, and it still matters – a lot.
What’s still being challenged?
The states are trying to block new 2024 rules from the U.S. Department of Health and Human Services (HHS) that strengthen disability rights. These rules reinforce:
- The right to community-based services– so that disabled people can live, work, and learn in regular community settings, not be forced into institutions.
- Protections for people with gender dysphoria– acknowledging that they may be protected under disability law.
Why I and other advocates are watching this case:
These rules reflect decades of advocacy – especially the landmark Olmstead v. L.C. decision, which said people with disabilities have a legal right to live in the most integrated setting possible.
If the Supreme Court allows states to block these regulations:
- 👉It could make it easier for states to limit or cut services that allow disabled people to live in the community.
- 👉 It could send a message that federal protections can be weakened or ignored by states – especially around who qualifies for services.
- 👉 It could have long-term effects on what services your neurodivergent child has access to now and into adulthood.
Even though the states dropped the push to get rid of Section 504 itself, this case is still a serious threat to how that law works in real life.
A.J.T. v. Osseo Area Schools
What is this case about?
This case comes from a family in Minnesota. Their child, A.J.T., has severe epilepsy and other disabilities. The family says the school repeatedly failed to provide safe and appropriate accommodations – including ignoring medical advice – which led to serious harm.
The family sued under Section 504 and the Americans with Disabilities Act (ADA). But here’s the problem:
In their region (the Eighth Circuit), families have to meet an extremely high legal standard to win a case like this.
They must prove that the school acted with “bad faith or gross misjudgment” – not just that they failed, but that they basically intended to do harm.
Why we’re watching this case:
The Supreme Court heard oral arguments on April 28, 2025, and we’re waiting for a decision.
If the Court upholds this harsh standard:
- 👉 It would keep the burden on families to prove intent, not just harm – making it almost impossible to hold schools accountable.
- 👉 It would allow schools to continue denying services or making unsafe decisions without consequences, as long as they claim it wasn’t intentional.
But if the Court rules in favor of the family:
- 👉 It could lower the standard nationwide, making it more fair and accessible for families to bring legitimate discrimination claims.
- 👉 It could lead to more accountability and better protections for disabled kids in schools – including neurodivergent students whose needs are often minimized or dismissed.
Justice Amy Coney Barrett and others questioned whether the current standard is too extreme – which is a hopeful sign.
So... What Now?
Like the advocates and activists that came before us – we need to organize – not panic.
We need to pay attention – because what’s happening in the courts right now could reshape how (or even if) our neurodivergent kids get support in school, in their community, or anywhere they deserve to belong.
And, if you’re wondering what to do next without doomscrolling, here’s where to start:
✔️ Call your people. That means your reps – and if you live in one of the 17 states behind Texas v. Kennedy, your state attorney general too. 5calls.org makes it easy to find contact info. Ask why they’re challenging rules that protect disabled people’s right to live in the community.
✔️ Get in community. Share this blog with someone raising a disabled or neurodivergent kid. Then come join us inside the Experiential Life app – where we break down what’s happening in real time, unpack the impact without judgment, and remind each other we’re not alone in this.
✔️ Speak up. Even if your voice shakes. Even if you don’t have a law degree. Because community advocacy is legacy work — and our kids are watching.
That stage my son stood on?
It wasn’t a gift.
It was won – through protest, policy, and persistence.
What we do now decides what future kids inherit next.
Let’s not hand them silence.
Let’s protect what we’ve built.
Let’s keep showing up.
Let’s stay loud – and stay together.