Utah, 16 other states tell judge: We never meant to say Section 504 is unconstitutional

SALT LAKE CITY — After public pushback, Utah and 16 other states say they do not want a judge to declare a key part of a federal disability law unconstitutional.

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“Plaintiffs clarify that they have never moved—and do not plan to move—the Court to declare or enjoin Section 504 of the Rehabilitation Act … as unconstitutional,” Utah Attorney General Derek Brown and other AGs wrote in a joint status report filed Wednesday in U.S. District Court.

The latest filing came after public outcry over a lawsuit by Utah and other states. The suit, which was filed in September, challenged the Biden administration’s decision to declare “gender dysphoria” as a disability.

It also claimed that Section 504 – which prohibits discrimination based on disability – is unconstitutional and asked a judge to declare that.

But not anymore.

“Nothing in Plaintiffs’ Complaint seeks to restrain the disbursement of federal funds from the Department (of Health and Human Services) on the basis that the statute is unconstitutional, or to otherwise prevent the Federal Government from allocating spending or applying the provisions of the Rehabilitation Act to any recipients of such funds,” the AGs wrote in the latest court filing.

Multiple parents told KSL TV they worried their children would lose their individualized education programs or 504 plans, which are possible because of the federal law.

In an interview with KSL TV last week, Brown noted that the lawsuit was filed before he took office and disagreed that Section 504 was unconstitutional.

In a statement Thursday, Brown reiterated his support for the federal law.

“Now that we have secured Section 504’s support for Utah children, we will continue to challenge the Biden Administration’s unlawful regulations that would impose high costs on Utah,” said Brown. “We anticipate resolving the issue shortly. We have shown that it is possible to protect our children and challenge this unlawful regulation.”

Tamara Johnson, who lives in Layton, said accommodations through Section 504 have made a critical difference for her three children at school.

“If they don’t have these simple accommodations, they will not succeed in public education,” Johnson said.

Brown, who was sworn in as Utah attorney general last month, sought to reassure concerned parents and promised to work on a resolution. A few days later, the court brief updating the 17 states’ position on Section 504 was filed.

“I promised I would protect Section 504 benefits for Utah children — and that is what I have done,” Brown said.

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This article was updated with further reporting after its initial publication.