DES news release re: court ruling

Click here to see DES's news release regarding yesterday's court ruling.

News Story about the Preliminary Injunction

http://www.kpho.com/health/18912232/detail.html?taf=pho

Info available online re: AAPPD court case vs. State of AZ & DES

The civil case was filed in Superior Court of Marciopa County - (to find docket entries use case # CV2009-006509).

The Honorable Joseph B. Heilman initially presided over the case, and it appears - based on the minutes of 2/27/09 - that the case will be (or has been) changed to being presided over by The Honorable Bethany G. Hicks.

Official minutes recorded and posted regarding the proceedings can be found by searching here using the following case number: CV2009006509

Write Governor Brewer re: using Federal Stimulus funds to restore services!

I learned at a meeting this morning, that it is imperative that families, service providers and concerned citizens of Arizona should write to Governor Brewer directly (contact info & link below) to request that she allocates Federal Stimulus funds that will be coming her way to the restoration services in Fiscal Year (FY) 2009-2010 for children and adults with disabilities that have been swiped out from under them as a result of the recent DDD cuts!

The responsibility to decide how to use the Federal Stimulus funds will be solely Governor Brewer's, not DES's ... not DDD's ... not the State Legislature's ... only Governor Brewer's! These funds will be coming to Arizona very soon, so is vital that she receives letter after letter after letter urging her to use Fed. Stim. package funds to help restore services to the children and adults with disabilities who may very well suffer irreparable harm if their support and therapeutic services are not restored, and soon!

• Here is a nice fill-in-the-blank letter (which you can personalize!) via the Children's Action Alliance website: http://action.voiceshub.org/campaign/fedstimulus_DEScuts

• Here is the link to contact Governor Brewer via email (also includes snail mail address & phone numbers): http://azgovernor.gov/Contact.asp

What? You're still here?? Go! Start writing those letters and spread the word!! : )

"Filing decries (DDD) disability funding cuts" in Arizona

Story found here: http://www.azcentral.com/news/articles/2009/02/28/20090228dessuit0228.html

A coalition seeking to block steep service cuts for about 4,000 people living with disabilities will try to convince a judge next week that the state acted improperly.

The group, which includes service providers and their clients, filed a complaint in Maricopa County Superior Court on Friday seeking a temporary restraining order. If granted, the order would prevent the Department of Economic Security from reducing services provided through its Division of Developmental Disabilities.

About 4,000 people are scheduled to lose services Sunday as the result of cuts made in the wake of the Legislature's $1.6 billion budget fix earlier this year.

"What the state is proposing to do is to pull the rug out from under . . . some of our most vulnerable citizens," said John Dacey, attorney for the plaintiffs.

On Friday, Dacey argued that the Legislature violated the Constitution in January when it instructed DES to reduce its budget by $43 million.

Plaintiffs told the court that the Legislature improperly delegated its authority to the agency, which is part of the executive branch.

Lawyers for the state responded by saying that it has been the Legislature's standard practice to appropriate "lump sums" to state agencies and allow them to decide how to spend or cut money.

Judge Joseph Heilman scheduled a hearing for Monday to further discuss the issue. He declined to issue a restraining order Friday, saying a few days' delay would not cause irreparable harm to the plaintiffs.

A local mom speaks out on television about the cuts affecting her family.

On Channel 3: DES cuts mean ending programs helping the Valley's disabled