(OAKLAND) -- Home care providers, seniors, and people with disabilities prevailed in federal court today, securing a preliminary injunction to stop cuts to essential home care for 130,000 Californians. The injunction was welcomed by the hundreds of those affected and their supporters who had come to the federal courthouse this morning to rally and attend the hearing. The cuts were scheduled to take place starting November 1.

"Today's court ruling is a victory for California seniors, people with disabilities and those who care for them,” said Laphonza Butler, Trustee of SEIU ULTCW-United Long Term Care Workers’ Union.  “The judge’s decision marks another step toward protecting this lifeline service our parents, grandparents, and children with disabilities rely on to remain safely in their homes.”

At the request of advocates for home care providers, seniors, and people with disabilities, the Court issued a preliminary injunction as part of a class action lawsuit filed on October 1 on behalf of five low-income Californians who need IHSS to remain safely at home.  

"Issuing a preliminary injunction was the compassionate and common sense course of action," said Mary Harms a home care worker and member of SEIU UHW-United Healthcare Workers West in Contra Costa County.  "By halting these cuts, we ensure that California does not go down the wrong path and abandon our most vulnerable populations."

“A lot of times people who are developmentally disabled tend to be looked down upon and not given choices. But I feel they are people, like you and me, equal in society, and they should not be singled out because of their disabilities,” said John Hernandez, a high school sophomore, whose 11 year-old sister Patricia is developmentally disabled and receives full-time care from their grandmother. “My grandmother takes care of my sister full-time, and I am very worried about what could happen if cuts mean she isn’t able to in the future.”

Cuts in IHSS services were scheduled to take effect November 1, 2009. The cuts would result in 40,000 people losing IHSS services entirely and an additional 90,000 having their services slashed. The services to be eliminated are basic human services - such as bathing, dressing, cooking and assistance with transportation to medical appointments - which enable seniors and those with disabilities to live independently. Without these services, many would be forced to move to institutional care that costs taxpayers hundreds of millions of dollars more than IHSS.  

The lawsuit was filed by Disability Rights California, Disability Rights Legal Center, National Senior Citizens Law Center, and the National Health Law Program on behalf of IHSS consumers, and the unions that represent IHSS home care workers – SEIU ULTCW-United Long Term Care Workers; SEIU UHW-United Healthcare Workers West; SEIU Local 521; UDW Homecare Providers Union--AFSCME Local 3930, and California United Homecare Workers (CUHW).

Earlier this year, SEIU and IHSS consumers and providers successfully prevented the state’s attempt to cut IHSS provider wages by $2 per hour. Based on the legal arguments, Federal Judge Claudia Wilken enjoined the State from implementing the state budget law requiring the $2 per-hour reduction in the State’s maximum contribution towards IHSS wages.


SEIU California is a coalition of over 700,000 janitors, social workers, security officers, homecare workers, education workers, nurses and various classifications of city, county and state employees represented by SEIU local unions throughout California. We come together to build a better California by fighting to pass policies and elect candidates that fight for the issues working men and women care about such as affordable healthcare, good wages, a means to a good retirement, a healthy environment, education and stronger communities. We believe that by working together we can build a California that all working families can once again thrive in.