DES budget cuts being fought by disabled groups
by Casey Newton - Feb. 27, 2009 05:34 PMThe Arizona Republic
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.
