About 50 protesters gathered on the steps of the Texas Capitol on Friday to oppose Texas’ participation in a multi-state lawsuit challenging federal protections for people with disabilities.
Six states have sued the U.S. Department of Health and Human Services in U.S. District Court in the Northern District of Texas, challenging a department rule that mandates federally funded programs serve people with disabilities in the most integrated setting possible.
Disability rights advocates argue the rule makes it easier for people with disabilities to continue living independently and avoid being forced to live in institutions. The states suing have said the rule puts them at risk of losing federal funding, jeopardizes medical assistance programs and penalizes them if they comply with requirements from other federal agencies.
As of June, three states originally signed onto the case – Indiana, South Dakota and Kansas – have withdrawn. Texas remains in the legal battle along with Alaska, Florida, Louisiana, Missouri and Montana. The states and federal government must submit written arguments by July 7.
Sponsored by grassroots disability rights group ADAPT of Texas and other advocates, Friday’s rally featured some Austin Democratic politicians including State Sen. Sarah Eckhardt, State Rep. Donna Howard and Texas House District 49 candidate Montserrat Garibay. Eckhart is running as a Democrat for Texas Comptroller.
Lauren Peña, a Republican candidate for Congress set to challenge incumbent Rep. Greg Casar, D-Austin, for U.S. Congressional District 37, also spoke at the rally.
“I just want to urge the state of Texas: please drop out of this lawsuit and protect my neighbors, protect my family and protect my community from programs that are being funded through the federal government that are not complying with (the Americans with Disabilities Act),” she said.
Texas House District 49 candidate Montserrat Garibay spoke at a disability rights protest outside the Texas Capitol on Friday. (Chaya Tong)
Garibay said the state’s lawsuit creates a dangerous pathway to undermining civil rights protections for people with disabilities.
“People with disabilities have the right to live, to work, to learn and to participate in their communities, not to be segregated because of a disability,” she said. “Today, that principle is under attack.”
Organizers asked protesters to call and email Gov. Greg Abbott and Attorney General Ken Paxton, asking them to remove Texas from the lawsuit.
“We all know the outcome of this lawsuit could upend the lives of millions of people across this country and will open the doors to policies that exclude, discriminate against and institutionalize people with disabilities,” Howard said.
San Marcos mayoral candidate Christopher Polanco told the crowd that there is a clear intent to roll back rights for people with disabilities and called on the crowd to keep the pressure on elected officials.
Paxton’s and Abbott’s offices did not immediately respond to requests for comment about the lawsuit or protest.
This article originally published at Disability advocates warn Texas lawsuit could threaten independent living protections.