Arc v. Quasim is the lawsuit our firm filed on behalf of the Arc of Washington and three named plaintiffs in November 1999. (The Arc of Washington State, et al v. Lyle Quasim, et al., U.S. District Court for Western Washington, Cause Number 99-5577FDB). The lawsuit asks the court to order that people who have requested Medicaid-funded services, and who have been found eligible, be given those services with reasonable promptness.

Now, one year after filing, the case has progressed a good deal. The court decided to certify it as a class action. That means that the benefits which we hope to obtain will come to thousands of Washingtonians. We are through the phase known as "discovery" during which we exchange interrogatories with the other side and conduct depositions. We also had one mediation session with the state.

There are now four motions pending in front of the judge. Two were filed by the state, one asking that the Arc be dismissed as a plaintiff, the other asking that the ADA claim be dismissed. Two were filed by us, one requesting summary judgment, the other asking that the class definition be changed. After the judge rules on these motions, we will know exactly what needs to be presented at trial. Trial will take place in January unless we reach a settlement before then.

When a school district is refusing to provide appropriate services to many students, parents can come together and file a group complaint against the district. Such a complaint can be filed with the Office of the Superintendent (OSPI). OSPI is the state agency in Olympia. OSPI will investigate the complaint. This technique has recently been used successfully against a local school district.

Filing a group complaint is a procedure that can be completed with or without an attorney’s involvement. It is a no-to-low cost option. Individual parents can also file complaints on their own. The only disadvantage is that it can sometimes take OSPI some time to investigate the circumstances. If you are interested in this idea, contact OSPI at (360)753- 6733 or Christy Ibrahim, in our office.

The Washington State Board of Tax Appeals issued a decision on October 20, 2000 that declared for the first time that homeowners with disabilities that make them unable to work are eligible for property tax exemptions regardless of age and regardless of whether they have ever been able to work.

Rebecca Coomer is 9 ˝ years old and has severe disabilities due to an accident at birth. With the proceeds of a medical malpractice settlement, she had a home built which was specially designed to accommodate her disabilities, including cognitive delay and blindness. The King County Assessor's Office denied her a tax exemption, a decision which was reversed by the State Board of Tax Appeals. Rebecca was represented by the Law Offices of Larry A. Jones.

In 1967 Washington voters approved a change in the State Constitution to allow the legislature to grant property tax exemptions for "retired" persons. The legislature in turn decided to give tax relief not only to senior citizens, but also to those "retired from regular gainful employment by reason of physical disability." RCW 84.36.381.

Previous to this decision by the Board of Tax Appeals, some counties denied the tax exemption either to disabled homeowners who were not working because they were too young to work, or to adults who had always been too disabled to work and were therefore not treated as "retired" from regular gainful employment.