Gregoire weighing appeal of disability lawsuit

  • Fri Oct 19th, 2012 1:19pm
  • News

Associated Press

OLYMPIA — Disability rights groups are urging Gov. Chris Gregoire to not appeal a recent appellate court decision that struck down budget cuts reducing the amount of in-home care hours available to Medicaid clients in the state.

Gregoire has to make a decision by Monday on whether to appeal the recent decision by the 9th Circuit Court of Appeals. Disability groups fear that if the case is appealed to the U.S. Supreme Court, there’s a possibility the justices could water down a landmark case on disability rights that was cited by the appellate court. In the 1999 Olmstead v. L.C. case, the high court ruled 6-3 that the Americans with Disabilities Act requires community placement of the mentally disabled whenever appropriate.

Gregoire has said she’s sensitive to the concerns of the disability community, but is concerned the appellate ruling sets a precedent for other states not being able to decrease these programs during economic crisis.