Lampton v. Bonin

299 F. Supp. 336
CourtDistrict Court, E.D. Louisiana
DecidedApril 21, 1969
DocketCiv. A. 68-2092
StatusPublished
Cited by22 cases

This text of 299 F. Supp. 336 (Lampton v. Bonin) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lampton v. Bonin, 299 F. Supp. 336 (E.D. La. 1969).

Opinions

COMISKEY, District Judge.

This action was brought to combat an attempt by the Louisiana Department of Welfare to make a 10%' reduction in Aid to Dependent Children grants because of an unexpected rise in ADC recipients and a limited ADC budget. According to Garland L. Bonin, the Commissioner of Public Welfare, the sudden rise in the ADC case load resulted from the Supreme Court’s decision in King v. Smith, 392 U.S. 309, 88 S.Ct. 2128, 20 L.Ed.2d [338]*3381118 (1968). This ruling had the effect of compelling Louisiana to make ADC payments to families previously excluded from receiving such grants under the man in the house policy, pursuant to which payments had been withheld from families in which the parent and a member of the opposite sex were not married but either lived together as man and wife and maintained a common household, or had continuous intimate relations even if they did not maintain a common household.

Plaintiffs, two Negro mothers receiving grants under the Aid to Dependent Children program, brought this suit in the United States District Court soon after Bonin’s announcement of the 10% cut. The suit was brought as a class action on behalf of plaintiffs, their children, and all other persons similarly situated. The defendants in this case are Garland L. Bonin, the Commissioner of Public Welfare of the Louisiana State Board of Public Welfare; Camille Adams, the Chairman of the Louisiana State Board of Public Welfare; John J. McKeithen, the Governor of the State of Louisiana; Doris Culver, the Director of the Orleans Parish Department of Public Welfare; and Lawrence Morel, Howard Gruenberg, J. Grady Madden, Mary Lou Winters, Joseph D. Hair, Jr., John D. Sittig and Matt Milam, Jr., who are members of the Louisiana State Board of Public Welfare. Robert H. Finch, the Secretary of Health, Education and Welfare, has also submitted a brief as amicus curiae, after being invited to do so by this Court.

In their original complaint, plaintiffs asked (1) that a three-judge court be convened; (2) that declaratory judgments be rendered in their favor declaring that the proposed 10% reduction in ADC grants and Act No. 9, Schedule 9, Item 13, Louisiana Legislative Acts, Regular Session, 1968, which prohibits reductions in Old Age Assistance grants, are unconstitutional under the Equal Protection Clause of the Fourteenth Amendment and are invalid under Section 402(a) (23) of the Social Security Act, 42 U.S.C. § 602(a) (23); and (3) that the defendants be temporarily and permanently enjoined from reducing the amount of the payments to ADC recipients. Plaintiffs amended their complaint to ask that the Court render a declaratory judgment declaring that Act No. 9, Schedule 9, Item 13 and the 10% reduction in ADC grants are violative of Section 601 of the Civil Rights Act of 1964, 42 U.S.C. § 2000d. Subsequently, in a supplemental complaint, the plaintiffs sought a declaratory judgment that Section 402(a) (23) of the Social Security Act, 42 U.S.C. § 602(a) (23), will compel a state participating in the ADC program to increase payments to ADC recipients after July 1, 1969.

A temporary restraining order was granted enjoining the defendants from putting the proposed 10% reduction into effect, which order has been extended to this date.

I. HAS THERE BEEN A VIOLATION OF THE EQUAL PROTECTION CLAUSE ?

Plaintiffs’ first contention is that defendants are violating their right of equal protection of law because only ADC grants are being reduced, while payments under other assistance categories are not being reduced. Title 46 of the Louisiana Revised Statutes establishes these five general categories of public assistance: (1) Aid to the Needy Blind (ANB); (2) Disability Assistance (DA) (aid to the permanently and totally disabled) ; (3) Old Age Assistance (OAA); (4) Aid to Dependent Children (ADC); and (5) General Assistance (GA). Except for the General Assistance category, all of these State public assistance programs are funded in large measure with federal funds under the Social Security Act.

Act No. 9 of the Louisiana Legislative Acts, Regular Session, 1968, was an appropriations act concerning the Department of Public Welfare for the fiscal year commencing July 1, 1968, and ending June 30, 1969. The portion of this [339]*339Act, Schedule 9, Item 13, attacked by plaintiff reads in part as follows:

“Provided further that Old Age Assistance regular maximum grants of $89.00 and $83.00 shall not be cut or reduced by any amount, unless such cut or reduction is approved by the Legislature.”

Plaintiffs contend that the favoring of Old Age Assistance over the other categories of public assistance is a violation of equal protection of laws. Plaintiffs also argue that the decision by the Louisiana Department of Welfare to reduce payments to ADC recipients while not reducing payments made to the non OAA public assistance recipients — the blind, the disabled, and the general assistance recipients — also deprives plaintiffs of equal protection of the laws.

Plaintiffs’ argument under the Equal Protection Clause is centered upon the contention that the legislative act in question and the 10% reduction in ADC grants constitute unreasonable discriminations against needy children. The plaintiffs also raise the point that they are being discriminated against because they are mostly Negroes, but this point can be better discussed together with plaintiffs’ claim that the defendants have violated Section 601 of the Civil Rights Act of 1964, 42 U.S.C. § 2000d.

Plaintiffs contend that in order for Act No. 9 and t¡he 10'%- reduction to be constitutionally permissible, they must be rationally related to the purpose of the Social Security Act’s provisions on public assistance. The Social Security Act contains provisions on four categories of public assistance: Old Age Assistance, Aid to Families with Dependent Children, Aid to the Blind, and Aid to the Permanently and Totally Disabled. It is plaintiffs’ belief that the purpose of all of these four categories can be summed up in one word: need. Thus, plaintiffs argue that the original statutes setting up these four categories of assistance all stated that they were enacted for the purpose of furnishing financial assistance to needy individuals.

Plaintiffs go to great lengths to show that the four categories listed above are so closely related that they are in effect merely different parts of the same program. Thus, plaintiffs assert that these four categories of public assistance “are in conception, purpose and operation but one program with four groups of beneficiaries * * 1

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390 A.2d 720 (New Jersey Superior Court App Division, 1978)
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Dandridge v. Williams
397 U.S. 471 (Supreme Court, 1970)
Lehew v. Rhodes
261 N.E.2d 280 (Ohio Court of Appeals, 1970)
Catholic Medical Center v. Rockefeller
305 F. Supp. 1256 (E.D. New York, 1969)
Jefferson v. Hackney
304 F. Supp. 1332 (N.D. Texas, 1969)
Rosado v. Wyman
414 F.2d 170 (Second Circuit, 1969)
Lampton v. Bonin
304 F. Supp. 1384 (E.D. Louisiana, 1969)
Rosado v. Wyman
304 F. Supp. 1356 (E.D. New York, 1969)
National Welfare Rights Organization v. Wyman
304 F. Supp. 1346 (E.D. New York, 1969)

Cite This Page — Counsel Stack

Bluebook (online)
299 F. Supp. 336, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lampton-v-bonin-laed-1969.