Rodney Ackley Michael Finley David Hamilton Mary Ann Hay James Lee Marcos Lucero Edwina Taylor Robert Tyler v. Corporation of the State of Arizona
Opinion
Opinion
After this appeal was filed, the State of Arizona amended its General Assistance Program for severely disabled persons. As a result of this amendment, this appeal has become moot, and it is dismissed.
The claims asserted in this case are asserted by appellants Rodney Ackley, et al. (class plaintiffs) on behalf of severely disabled residents of Arizona who have been adversely affected by Arizona’s adoption of durational limits to its General Assistance program. Ariz.Rev.Stat. § 46-233. The claims of lesser disabled persons are not before us.
The district court dismissed the class plaintiffs’ disability discrimination action arising under the Americans With Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., in light of Alexander v. Choate, 469 U.S. 287 , 105 S.Ct. 712 , 83 L.Ed.2d 661 (1985), and this appeal followed. While this appeal was pending, Arizona amended its General Assistance program so that the severely disabled are now its exclusive beneficiaries. 1996 Ariz. Sess. Laws, 5th S.S. Chap. 6. The ap-pellee, Corporation of the State of Arizona, has moved to dismiss the appeal as moot under Rule 27 of the Federal Rules of Appellate Procedure, contending that the General…