Does 1-5 v. Chandler

This case arises out of a class action lawsuit brought by Appellants, John Does 1-5 and Jane Doe, individually and on behalf of others similarly situated. Appellees are Susan M. Chandler, Director of the Hawaii Department of Human Services, and Patricia Murakami, Acting Administrator, Family and Adult Services Division.

HRS § 346-71 is the principal statutory mandate for Hawaii’s General Assistance (“GA”) Program. HRS § 346-71 was amended in 1995 by Act 166 of the Hawaii legislature. Appellants filed suit in the United States District Court for the District of Hawaii on June 21, 1995, alleging that Act 166 violates Title II of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 , et seq., and its implementing regulations, 28 C.F.R. § 35.130 , as well as the Equal Protection and Due Process Clauses of the United States Constitution.

Appellants appeal the district court’s denial of their motion for a preliminary injunction to enjoin enforcement of Act 166.

I.

Prior to 1995, HRS § 346-71, Hawaii’s applicable GA statute, provided GA benefits to those persons with dependent children, able-bodied persons at least 55 years of age, and disabled persons who were unable to…