Citizens sue Minn. governor for eliminating funds for medically required diet

"Let them eat cake." Marie-Antoinette, by Jean-Baptiste Gautier Dagoty. Wikimedia Commons

Attorneys for the plaintiffs say their clients may suffer “irreparable harm” if the funds aren’t reinstated. Among those affected by the cuts include people with cancer, diabetes, heart conditions and late stage kidney disease who are living on Social Security.

Six Minnesotans are suing Gov. Tim Pawlenty over his decision this past summer to cut (or “unallot”) $5.3 million from a special dietary program that covered 5,072 residents. Last week, members of the state House of Representatives Rules Committee voted to file an amicus brief in support of the class action suit. The legal actions assert that the governor’s unallotment was unconstitutional because he bypassed the legislature in making the cuts.

The monthly diet supplement averages $77 per person and assists people with special dietary needs, including those on feeding tubes. People applying for the supplement must submit a doctor’s prescription for medically required diets.

The lawsuit also challenges the governor’s cut to the renter’s credit for low-income residents and asks for a temporary injunction that would reinstate the food supplements until the case is decided.

One of the plaintiffs listed in the complaint is 56-year-old Debra Branley who had acromegaly panhypopituitarism which necessitated the removal of her pituitary gland and renal disease which resulted in a kidney transplant. Last month, Branley and others receiving the dietary supplement were notified that the program was dissolved and that they should seek help elsewhere.

Those receiving the supplements tended to be “elderly, blind or disabled and living on federal and state assistance,” according to Star Tribune reporter Baird Helgeson who talked with some of the other citizens affected by the cuts which took effect November1.

Among them are Forough Mahabady who had kidney cancer, two hip replacements and has severe digestive problems; Darlene Bullock, a diabetic who has had a stroke and heart bypass surgery; and Frederick Becton who has late-stage kidney disease, chronic pain and Hepatitis C.

According to Legal Aid, which provides civil legal help to low-income, senior and disabled Minnesotans, funding for the nutrition program was passed by the legislature and signed by the Governor. “Because of this, our clients believe they should continue to get the help they need to pay for their medically prescribed special diets,” said Ralonda Mason, one of the attorneys representing the plaintiffs.

Pawlenty made $2.7 billion in emergency budget cuts last June that affected 27 programs administered by the department of Health and Human Services.

Case documents:

• Original Complaint (PDF).
• Notice of Motion and Motion for TRO (PDF)
• Plaintiff Memo in Support of TRO (PDF)