Federal Court Rules Texas SB 1 Violates Rights of Voters with Disabilities Under ADA and Section 504

Media Contact:
Jackie Dilworth
Director of Communications, The Arc of the U.S.
Dilworth@TheArc.org

FOR IMMEDIATE RELEASE
March 20, 2025

WASHINGTON, DC – In a major victory for disability rights, a federal court has ruled that Texas Senate Bill 1 (SB 1) violates the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act by imposing significant barriers to voting for people with disabilities. The ruling, issued by Judge Xavier Rodriguez of the U.S. District Court for the Western District of Texas, declares that several provisions of SB 1 disenfranchise disabled voters, reinforcing that the state’s “know-nothing-do-nothing” approach to ADA compliance in elections is unlawful.

“This decision sends a clear message: systemic barriers that prevent people with disabilities from fully participating in the electoral process are illegal,” said Shira Wakschlag, Senior Director of Legal Advocacy and General Counsel for The Arc of the United States. “The court carefully considered the experiences of The Arc’s members—voters with disabilities and their assistors—and found that SB 1 subjected them to barriers that blocked their voices on issues that directly impact their daily lives, stripping them of their fundamental right to participate in our democracy. Even when voters with disabilities managed to cast a ballot, they endured significant burdens that are themselves violations of federal law. This ruling affirms that the right to vote must be more than theoretical—it must be meaningful, accessible, and free from unnecessary hardship. The Arc celebrates this decision and will continue fighting nationwide to protect the rights of voters with disabilities.”

“This ruling makes it clear that Texas voters with disabilities deserve better,” the court concluded. “And the ADA and Section 504 demand more.”

The court found that, contrary to the state’s argument, voters with disabilities should not have to fight through unnecessary obstacles just to exercise their fundamental right to vote. Public entities have an affirmative obligation under the ADA and Section 504 to proactively ensure accessibility, rather than waiting for voters with disabilities to request accommodations. The ruling also emphasized the real harm caused by criminalizing voter assistance—an issue exacerbated by the ongoing crisis in the direct care workforce—and creating barriers to voting by mail.

“This decision not only validates the inequitable barriers faced by Texans with disabilities when voting—it puts a stake in the ground that nothing short of true, meaningful voting accessibility is acceptable under the law,” said Jennifer Martinez, CEO of The Arc of Texas. “This ruling recognizes the powerful testimony from our members who bravely shared their experiences in court. Their voices changed history.”

SB 1, enacted in 2021 under the guise of election integrity, imposed a maze of restrictions that disproportionately harmed voters with disabilities. Among its most damaging provisions, the law:

• Criminalized certain forms of voter assistance, deterring family members, caregivers, and others from helping voters with disabilities navigate the voting process;
• Created burdensome ID requirements for mail-in ballots, leaving many voters—especially those who lack access to reliable transportation—unsure whether their ballot would be accepted;
• Forced voters with disabilities to navigate an intimidating system that threatened their privacy and put their assistors—many of whom are immigrants and people of color—at risk of criminalization, while preventing election officials from taking proactive steps to ensure accessibility.

The Arc of the United States and The Arc of Texas, alongside civil rights groups including the Legal Defense Fund (LDF), Delta Sigma Theta Sorority, Inc., and the Houston Area Urban League, and the law firms Arent Fox Schiff and Reed Smith, have been fighting this law in court since it was enacted. This latest ruling builds on a previous decision from October 2024, in which the court found that sections of SB 1 violated the Voting Rights Act by limiting the right of voters with disabilities to receive assistance from the person of their choice. This new decision goes even further by addressing vote-by-mail restrictions and voter assistance criminalization—key issues that disproportionately impact voters with disabilities.

“This ruling is a significant triumph for the three million voters with disabilities across Texas and the ongoing fight for an inclusive democracy,” said Jennifer A. Holmes, Deputy Director of Litigation at the Legal Defense Fund. “The Court’s decision strikes down barriers that unfairly burdened and excluded voters with disabilities, ensuring they can exercise their fundamental right to participate in the franchise. The right to vote is illusory if election procedures are not accessible to all voters. This ruling strengthens the fairness of our electoral system by ensuring equal access to the ballot box.”

“At trial, the Court heard testimony regarding the significant barriers disabled voters face in any election and that SB 1 exponentially compounded issues people with disabilities faced,” said J. Michael Showalter, partner at ArentFox Schiff. “We were proud to stand with our clients Delta Sigma Theta Sorority and The Arc of Texas in removing barriers that limited Texans’ with disabilities rights to cast their votes.”

The court’s permanent injunction prohibits Texas state and county election officials from enforcing the challenged provisions of SB 1, though the ruling is stayed until after the May 2025 election under the Purcell principle.

The Arc remains committed to ensuring that every person with a disability has equal access to the ballot and will continue to fight voter suppression laws that undermine this fundamental right.

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About The Arc of the United States: The Arc advocates for and serves people with intellectual and developmental disabilities (IDD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy, and other diagnoses. Founded in 1950 by parents who knew their disabled children deserved more, The Arc is now the largest grassroots organization for people with IDD with nearly 600 chapters in 48 states and Washington, DC. Together, we are promoting and protecting the rights of people with disabilities and supporting their inclusion throughout their lives—from education to employment to community living. There are approximately 7.4 million people with IDD in the United States, which encompasses over 100 different diagnoses. Visit www.thearc.org or follow us @TheArcUS to learn more. Editor’s Note: The Arc is not an acronym; always refer to us as The Arc, not The ARC and never ARC. The Arc should be considered as a title or a phrase.

About The Arc of Texas: The Arc of Texas is a statewide advocacy organization that promotes, protects, and advocates for the human rights and self-determination of Texans with intellectual and developmental disabilities (IDD). We envision a world where Texans with intellectual and developmental disabilities are included in their communities with quality support and services that meet their needs and choices. The Arc of Texas focuses on four policy pillars impacting Texans with IDD: 1) quality of life (community supports and services), 2) inclusive education, 3) integrated employment, and 4) civil rights and justice.