MO Needs to Avoid Negative Outcomes of the Texas v. Kennedy Lawsuit

The Texas v. Kennedy lawsuit (also known as the 504 lawsuit) will hurt the rights of people with disabilities in Missouri. The lawsuit tries to stop a rule that helps people with disabilities live, work, and get services in their own communities. This rule is based on Section 504 and a Supreme Court case called Olmstead. These protect people from being forced to live in institutions when they don’t need to. Missouri is 1 of 7 states that are plaintiffs in this case. For many years, courts have said that Section 504 and the Americans with Disabilities Act work together. Both say people with disabilities should be able to live and take part in their communities. The 2024 rule follows these same ideas. MODDC is worried that if the lawsuit wins, people with disabilities would lose important Olmstead rights. MODDC's position is that people with disabilities should live full, dignified lives in their communities and should not be separated from others to get services.

If you share our concerns, please use the template message to email Governor Mike Kehoe's team and Attorney General Catherine Hanaway's team. The more you can personalize your email by editing the template, the more effective we will be.

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Dear (name and title inserted automatically),

I am worried about Missouri staying in the Texas v. Kennedy case, also called the “504 Lawsuit.”

The Attorney General says the case is about states’ rights, but the results will hurt people with disabilities in Missouri. The rule in this lawsuit is based on many years of laws and court cases, like Section 504, the ADA, and the Olmstead decision. These say that people with disabilities have the right to live in their communities, get services in their communities, and get the medical care and equipment they need at the doctor.

If Missouri and the other states win this lawsuit, it could weaken Olmstead. This might make it harder for people with disabilities to leave institutions or nursing homes. It could also affect the state budget. The lawsuit also includes incorrect information about Medicaid providers and waitlists. It says there will always be a waitlist, but Missouri does not have an official waitlist right now. Missouri has also run community‑based services for many years without one.

A win for the lawsuit could also mean the state might offer more expensive and lower‑quality services. For example, for an individual with disabilities to live one year in an institution costs the state about $600,000, while a year in an individual supported living home costs about $240,000. Many people use home and community based services that cost even less.

Thank you for taking time to understand the concerns of people with disabilities and their families.