(OAKLAND) – On the evening before the state was prepared to send notices to 130,000 home care consumers that the services they rely on would be cut or eliminated, caregivers and consumers won an important first legal victory in a lawsuit to stop the cuts.

The California Department of Social Services was set to mail over 130,000 notices informing seniors and people with disabilities statewide that their In-Home Supportive Services (IHSS) will be cut or eliminated, but caregivers and home consumers swiftly objected, and a federal judge hearing the case put a stop to the mailing by issuing a temporary restraining order (TRO). The TRO prohibits the State from mailing the notices until the Court has had a chance to rule, after an October 19 hearing, on whether a longer-term preliminary injunction should be issued.

“We’re pleased that the judge recognized the urgency of the situation and granted the temporary restraining order,” said Laphonza Butler, Trustee of SEIU-ULTCW. “Had these notices been mailed before the judge had the opportunity to rule on the lawsuit, they could have created a lot of unnecessary fear and confusion among the 130,000 seniors and people with disabilities receiving them.”

The TRO is part of a class action lawsuit filed on October 1st on behalf of four low-income Californians who rely on IHSS to remain safely at home.  

“You can’t balance the budget by hurting the state’s most vulnerable citizens,” said Dave Regan, Trustee of SEIU-United Healthcare Workers West. “We are pleased that these notices have been stopped and we’re confident that the court will see the wisdom and validity of our arguments when the matter is heard.”

Cuts in IHSS services are scheduled to take effect November 1, 2009.  The cuts will result in 40,000 people losing IHSS services entirely with an additional 90,000 having their services slashed.  The services to be eliminated are basic human services – such as bathing, clothing, cooking and assistance with transportation to medical appointments – which enable seniors and those with disabilities to live independently. Without these services, they will be forced to move to institutional care that cost 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, the National Health Law Program, and four unions that represent IHSS home care workers –- SEIU/ United Long Term Care Workers; SEIU-United Healthcare Workers West; SEIU Local 521; and UDW Homecare Providers Union--AFSCME Local 3930.

Earlier this year, SEIU and IHSS consumers and providers, successfully prevented the state’s attempt to cut IHSS provider wages by $2 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.