Mount Vernon moms sue Astorino over day-care aid
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Two Mount Vernon mothers say they were denied day-care help because of County Executive Rob
Astorino's midyear cuts and that's affecting their jobs and traumatizing their children.
Nakia Simmons and Lakia Perkins, both 34, have filed a class-action lawsuit against Astorino,
claiming they were wrongly refused aid they were eligible for under a program that helps working
families whose income is above the federal poverty level.
In taking the case pro bono, Laura Redman, an attorney with the National Center for Law and
Economic Justice, said these women, who make$32,500 and $34,500, respectively, in
administrative jobs, are faced with working less so they can take care of their kids, are racking up bills,
unable to pay rent and forced to depend on family and friends.
Simmons has been unable to pay her $1,200 rent for two months so she can pay for care for one of
her two children, while Perkins fears she will lose her job and incur $250 a week in debt to care for
her 6-year-old, according to the lawsuit.
"The risk with each passing day ... is that the individual situation gets worse," Redman said. "It's
an important part of government services to provide benefits to those who are most in need.
"These two mothers represent a very typical experience," she said.
Neither had been part of Westchester's Title XX scholarship program before their denial, Redman
said, but are among hundreds affected by the county executive's actions — ones they maintain are
illegal because the Board of Legislators approved the scholarship program but never signed off on the
changes.
"The county executive just went through and cut those funds, usurping legislative power," Redman
said. "The county executive doesn't have the power to just change that without certain provisions."
A hearing on a temporary restraining order is scheduled for 10 a.m. today at the Westchester
County Court in White Plains.A successful lawsuit may affect all the people who have lost funds.
The Title XX scholarship program was created in 2006 to help people who were making 200 percent
more than the federal poverty level — $36,620 for a family of three, according to the federal government
— as a way of recognizing that Westchester County is more expensive than other places in the country.
It's basically a program for people who are making enough to not qualify for other help but are not
earning enough to pay for it themselves.
In 2009, roughly 200 families and 250 children received help through this program.
The plaintiffs want the Title XX scholarship program reinstated, new applications to be accepted and the
contribution returned to 15 percent from 20 percent.
The administration had no immediate comment and the matter was being reviewed, Astorino
spokeswoman Donna Greene said.
The lawsuit stems from the $1.5 million that Astorino sliced from day-care programs several
months ago. It was part of $16 million in savings announced this year as a way of plugging an
anticipated $166 million deficit in 2011.The lawsuit rachets up divisions among Astorino, Day-care advocates and the 17-member county
board and its Democratic majority, which had threatened to sue the Republican executive for
making budget cuts this year without the board's approval.
The lawsuit also follows months of protests, rallies and hearings where hundreds of affected families
have turned out and unsuccessfully called on Astorino to reverse his decision.
Astorino has said the county is broke; the day-care dispute is the first of many tough decisions that had
to be made, he has said.Astorino has defended his decision, citing the $32 million spent on day care, though advocates say
that's misleading since $24 millioncomes from the state and federal government.Astorino's changes increased parent contributions by 5 percentage points, on average about an $80
increase, froze the number of households that get subsidies from Title XX at 365, and eliminated
scholarships for people who earn too much to qualify.
Advocates have said Astorino's strategy hurts families, and that it's wiser to find savings
elsewhere, such as by cutting millions in county overtime costs.
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I hope every level of govt collapses.