The Arc of Indiana is pleased to share our great appreciation for Attorney General Todd Rokita’s decision to withdraw Indiana from Texas v. Kennedy, a multi-state lawsuit challenging key provisions of the U.S. Department of Health and Human Services’ Section 504 of the Rehabilitation Act final rule, including protections against unnecessary institutionalization of people with disabilities.
Tom Crishon, The Arc of Indiana Chief Legal Officer, stated, “We are grateful to Attorney General Rokita and his staff for the extensive time and careful attention they devoted to hearing our concerns over the past several months on this issue. Their openness to listening thoughtfully to people with disabilities, families, and the broader disability community showed a genuine commitment to understanding every perspective before making this final decision. After our conversations, we strongly believe the approach his office took in evaluating this lawsuit reflects a thoughtful and deliberate process — one that best protects the rights of all involved while faithfully upholding the core principles of Section 504.”
The Attorney General’s decision underscores the core principles of Section 504 and Olmstead v. L.C., that people with disabilities should have the opportunity to live, work, and participate fully in their communities. Maintaining a strong system of community-based services is consistent with federal law and Indiana’s decades-long transition away from institutional care.
Shira Wakschlag, Senior Executive Officer of Legal Advocacy and General Counsel for The Arc of the United States, said, “Indiana’s decision to withdraw from Texas v. Kennedy matters. For over a year, people with disabilities have been watching this case and wondering what it could mean for their daily lives, including whether they can keep the supports they need to live in the community. We’re proud of The Arc of Indiana and the advocates who spoke up, and we urge every remaining state to follow Indiana’s lead and withdraw from this lawsuit.”
The Arc of Indiana looks forward to continuing its work with the Attorney General and other state leaders, policymakers, and stakeholders to strengthen supports for people with disabilities and to uphold the principles of inclusion, independence, and community integration.