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Utah Attorney General Derek Brown, 16 other states clarify stance on disability lawsuit

By Ryan Aston - | Feb 20, 2025

Rick Egan, The Salt Lake Tribune/Pool

Derek Brown speaks during the attorney general GOP primary debate with Frank Mylar and Rachel Terry at the KUED Studio on Tuesday, June 11, 2024.

Utah and 16 other states attached to a lawsuit seeking to change Section 504 of the Rehabilitation Act of 1973 have clarified that they’re not seeking to have the federal law declared unconstitutional.

Attorneys general, including Utah’s Derek Brown, made the clarification in a joint status report filed in U.S. District Court on Wednesday.

The lawsuit was brought last year during President Joe Biden’s tenure in response to the addition of gender dysphoria to Section 504 of the law, which protects qualified people from discrimination based on their disability relative to federally assisted programs and activities.

Among the claims for relief in the suit was one count challenging Section 504’s constitutionality. That verbiage raised alarm bells for people receiving educational accommodations mandated by Section 504, and parents of children on 504 plans.

“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, 29 U.S.C. § 794, as unconstitutional on its face,” the joint status report read.

Utah joined the lawsuit under former Attorney General Sean Reyes. More recently, the Utah Office of the Attorney General released a statement reaffirming that both Brown and the office at large “fully support the benefits and services provided by Section 504.”

“Utah’s concern is squarely about the unlawful regulations from the Biden Administration. If the regulations were to be enforced, Utah would risk losing its federal funds that actively help Utah children in need,” the statement read.

Added Brown, via the release: “The case is paused and I believe that the Trump Administration will soon withdraw the regulation. For that reason, I do not believe there is a risk Section 504 will be invalidated.”

Makayla Geddes, a graduate of Ogden High School and Weber State University, is among those who have expressed concern about the lawsuit’s potential impact on people living with disabilities.

While attending WSU, Geddes’ educational pursuits were nearly derailed when she received a cancer diagnosis.

“It was right before everything happened with COVID, and so I ended up having to drop out of school for a while,” Geddes told the Standard-Examiner. “I was pursuing my bachelor’s at the time. I had to drop out and I couldn’t work for a while because of how severe the side effects of my treatments and my cancer were.”

According to Geddes, Section 504 was pivotal in helping her complete work on a degree in English.

“Because of Section 504, personally, it was able to help me with a lot of accommodations while I was in university,” she said. “I was able to go to a disability office at Weber State, and they were super accommodating and able to help me with the accommodations I needed, both with my professors, with testing, with different things like that.”

Geddes, who now works at Hill Air Force Base, says her situation has improved despite some occasional hiccups. However, she remains concerned that the programs that aided her won’t be available for others. She’s also stalwart in the belief that Section 504 is making a difference for far more people than most people — including the politicians who would challenge it — realize.

“When I was first diagnosed, something that someone told me was, ‘Everybody thinks that disability is so far away. But, for most people, all it takes is one bad day to become disabled,'” Geddes said. “All it takes is one bad diagnosis. All it takes is one bad test, one bad car accident, one bad whatever and you can become disabled. … I don’t think people realize that they’re more likely going to be in need of disability than they think. Because you get old and you get disabled, or you get in an accident and you get disabled.”

In a statement posted on social media Thursday morning, Brown said he was cognizant of the concerns raised by Utah parents.

“This past week, I spent countless hours working with the federal government and all 16 other state attorneys general to ensure that Section 504 accommodations and services are protected. That agreement has now been formalized and filed with the court.”

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