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United States District Court Judge Claudia A. Wilken granted an emergency temporary restraining order (TRO) Dec. 1^st which prevents the state from taking any actions to implement a 20 percent across-the-board reduction in In Home Supportive Services (IHSS) hours on January 1, 2012.  The reduction was mandated in the 2011-12 state budget passed earlier this year.

The action was requested today by a coalition that included UDW and other provider unions, and Disability Rights California and other disability and senior advocacy organizations.

“We are pleased that Judge Wilken recognized the urgency of preventing the state from moving ahead with this devastating cut that would affect nearly 400,000 elderly and disabled Californians,” said Doug Moore, UDW Executive Director. “We believe these cuts to IHSS would violate the Americans with Disabilities Act and other laws and need to be stopped immediately.

“Our members and those for whom they care need to understand that this is only a first step,” Moore said.  “We next must prove in Court that the 20 percent cut does violate Federal law and will cause enormous harm.  At the same time, we need to keep pressure on Gov. Brown and legislators to help find alternatives to this potentially catastrophic cut in IHSS.”

The Court found that, “The planned IHSS reductions, unless enjoined, will cause immediate and irreparable harm by placing members of the plaintiff class at imminent and serious risk of harm to their health and safety, as well as unnecessary and unwanted out-of-home placement including institutionalization.”

The TRO will remain in effect until there is a hearing in which the Court will decide whether to grant a preliminary injunction. This hearing is tentatively scheduled for December 15^th.

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