[NFBofSC] RESOLUTION 2025-01

[Steve Cook]

Hi All, 

 

Below is a copy of the Resolution we voted on at our State Convention this
weekend. You can also check our website NFBofSC.org and locate this on our
home page. 

 

RESOLUTION 2025-01

REGARDING THE IMMEDIATE WITHDRAWAL FROM AND DISMISSAL OF TEXAS V. KENNEDY

 

WHEREAS, Section 504 of the Rehabilitation Act of 1973 is a landmark civil
rights provision for people with disabilities, protecting us from
discrimination by federal agencies and recipients of federal funding in
public education, work readiness programs, healthcare, elections, the court
system, and more; and

 

WHEREAS, seventeen states’ attorneys general have filed suit in Texas v.
Kennedy alleging that Section 504 is unconstitutional and should be entirely
or partially enjoined, limiting it only to those programs, services, and
activities directly funded by and through the Rehabilitation Act of 1973;
and

 

WHEREAS, those seventeen states submitted a status report to the Court on
February 21, 2025, stating in pertinent part, “Plaintiffs clarify that they
have never moved--and do not plan to move--the Court to declare or enjoin
Section 504. . . as unconstitutional on its face. Plaintiffs have not sought
and do not seek to enjoin the disbursement of funds from the Department on
the basis that the statute is unconstitutional.”; and

 

WHEREAS, at the time of this resolution, Plaintiffs have chosen not to amend
pages 37 and 42 of their complaint, which directly contradict the previous
paragraph by stating: “Count 3: Section 504 is Unconstitutional,” and
“Demand for Relief . . . d. Declare Section 504, 29 U.S.C. § 794,
unconstitutional; e. Issue permanent injunctive relief against [the
Department of Health and Human Services] enjoining them from enforcing
Section 504.”; and

 

WHEREAS, when asked by members of the National Federation of the Blind,
Plaintiffs have repeatedly directed those members to the quoted language
from the status report without ever addressing the language in the actual
complaint; and

 

WHEREAS, if Plaintiffs’ demand is granted, it will have a devastating impact
on blind Americans’ rights to effective communication and reasonable
accommodation in connection with government programs, services, and
activities, including but not limited to education, employment, housing,
healthcare, and other forms of civic life: Now, therefore;

 

BE it resolved by the National Federation of the Blind of South Carolina
Board of Directors this  17th day of May, 2025, in the City of Columbia,
South Carolina, that this organization immediately call upon the state’s
Attorney General to withdraw their name from Texas v. Kennedy because of the
far-reaching and harmful effects the lawsuit could have on Section 504 and
the lives of blind and other disabled Americans generally; and

 

BE IT FURTHER RESOLVED that this organization call for the immediate
dismissal of Texas v. Kennedy in order to protect blind people and all other
Americans with disabilities by preserving the full force and effect of
Section 504.

 

 

Steve Cook, Board Member

National Association of Guide Dog Users

 <mailto:scook at nagdu.org> scook at nagdu.org

(803) 260-1292

 <http://www.nfb.org/> www.nfb.org

 <http://www.nagdu.org/> www.nagdu.org

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