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For immediate release

June 9, 2010

Advocates Ask Judge to Stop Sacramento County from Closing Mental Health Clinics

Disability Rights California, the Western Center on Law and Poverty, and Cooley LLP filed a motion on June 9 asking the court for a preliminary injunction to stop the County’s plan to terminate its community-based mental health outpatient services.

Leslie Napper, one of Sacramento County’s mental health clients and a plaintiff in the case, said, “We depend on these services and trust the people who operate them. It is so upsetting to find out this life-saving assistance is about to disappear. And then what?”

The suit alleges that the County’s planned termination of these services violates numerous federal and state laws, including the Americans with Disabilities Act, the Rehabilitation Act, the Medicaid Act and the federal and state constitutions. A hearing date of July 7 has been requested for the case, Napper v. County of Sacramento, pending in the United States District Court for the Eastern District of California.

The County has stated it will open new clinics on July 1, staffed by County employees, to replace centers that have been providing these services successfully for 15 years. The existing centers are run by nonprofit providers under competitively bid contracts.  The County has provided few details about the replacement staff or plans for an orderly transfer of services.

The lawsuit states that the County’s announcement that it would stop funding these centers has caused anxiety among the estimated 5000 clients, exposing them to irreparable harm, including deterioration of their health and increased risk of institutionalization in locked facilities.        

Stuart Seaborn, Managing Attorney of Disability Rights California’s Sacramento Regional Office, said, “Although the County claims that it has to close the centers due to costs, the new plan appears more expensive than the current services — making it clear that the County plans to cut services far more drastically than it is willing to let on.” 

Robert Newman, Senior Counsel for the Western Center of Law and Poverty, added, “These service cuts are not only unlawful, but the County’s insistence on putting new clinics in place without telling anyone what they will do is totally unjustified. The County is not only cutting the amount of care provided, but also creating fear and uncertainty among a very vulnerable population.” 

William Freeman, a partner with Cooley LLP, stated, “Ever since we learned of the County’s plans in April, we tried to see if there was a way to solve this problem without court intervention.  We’ve contacted County officials to share our concerns and to request more information, and more time.  But the County has insisted on a rushed timetable for the implementation of a plan that it refuses to reveal to anyone until a couple of weeks before it is launched. As a result, we had no choice but to seek relief from the Court.”