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Pawlenty's solo budget-balancing act is subject of lawsuit
The suit seeks a temporary injunction of the cuts as the court checks the legality of the governor's action.
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De'Anna Brayton of Coon Rapids thinks the governor's decision to take away her food aid payments was "so uncaring." Her lawyers think it was illegal and unconstitutional.
A lawsuit filed Thursday in Ramsey County on behalf of Brayton and five others says Gov. Tim Pawlenty overstepped his authority when he unilaterally cut programs after he and lawmakers failed to agree on a balanced budget.
Galen Robinson, litigation director of Mid-Minnesota Legal Assistance and one of the attorneys who filed the suit, said Minnesota law allows governors to take unilateral action, known as unallotment, but only when the state has unanticipated budget shortfalls.
Pawlenty knew there would be a shortfall when he vetoed the tax-raising measure and signed budget bills into law, the suit says. He then let the session end and didn't call legislators back to fix the problem.
The suit asks the court to examine the cuts to a program to help poor Minnesotans buy medically necessary diets and the planned reduction to the tax refund that helps low-income renters with high property taxes. Robinson said attorneys will ask for a temporary injunction to reverse the cuts.
Pawlenty has said his actions were within his legal authority. Tom Hanson, commissioner of Management and Budget, reiterated that belief Thursday.
Brayton, whose monthly $415 food aid payment will end starting Monday, is disabled and relies on Social Security and food aid. "I really can't tell you what I'm going to do, because I don't know," she said.
RACHEL E. STASSEN-BERGER
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