
    Butler et al. v. Breyer et al.
    [Cite as Butler v. Breyer (1972), 32 Ohio Misc. 123.]
    (Civil Action No. 7678
    Decided July 1, 1972.)
    United States District Court, Southern District of Ohio, Western Division.
    
      Mr. Donald B. Stacy, for plaintiff and intervenors.
    
      Mr. Albert W. Eoguet, assistant attorney general, and Mr. Arthur M. Ney, assistant county prosecutor, for defendants.
   Peck, Porter & Hogan, JJ.

Based on pleadings and stipulations offered by counsel herein this court finds that:

3. The jurisdiction of this court is properly invoked under 28 U. S. Code, Sections 1343, 2201-02 and 2283-84,

2. This action is properly maintained as a class action under Rule 23 of the Federal Rules of Civil Procedure. The class consists of indigent residents of Ohio who are ineligible for poor relief because they do not meet the year’s residence requirement imposed by R. C. 5113.05 and 5113.07 and former Section 354 of the Ohio Public Welfare Manual.

3. Hamilton County Commissioner Robert F. Reckman is properly substituted as defendant in the place of Joseph L. DeCourey, Jr., pursuant to Rule 25(d) of the Federal Rules of Civil Procedure. Likewise, State Welfare Director John Hansan is properly substituted in place of Robert B. Canary.

4. Mary Diane Epperson and Alice M. Helms were denied poor relief under R. C. 5113,05 and 5113,07 and former Section 354 of the Ohio Public Welfare Manual for their failure to satisfy the one year durational residence requirement.

5. In view of the Supreme Court’s decision in Shapiro v. Thompson (1969), 394 U. S. 618, and summary affirmance in Pease v. Hansen (1971), 92 S. Ct. 318, Wyman v. Lopez (1972), 92 S. Ct. 736 and Dunn v. Rivera (1972), 92 St. Ct. 742, R. C. 5113.05 and 5113.07 and former Section 354 of the Ohio Public Welfare Manual are unconstitutional insofar as they would deny poor relief to otherwise eligible applicants for failure to meet the one year durational residence requirement.

6. Under Manual Transmittal Letter No. 168, dated May 1, 1972, Defendant John Hansan, State Welfare Director, promulgated a new Section 354 of Ohio Public Welfare Manual which is attached hereto as Exhibit A.

7. No bond or security shall be required of the plaintiffs upon the issuance of this preliminary and permanent injunction.

Now, therefore, it is Ordered, Adjudged, and Decreed that:

1. Defendants Hansan, Ohio Director of Welfare, and Breyer, Hamilton County Director of Welfare, their successors in office, agents and employees, and all other persons in active concert and participation with them be, and they hereby are, enjoined from denying poor relief to otherwise eligible applicants for failure to meet a durational residence requirement.

2. In order to protect other indigents throughout the state who may be similarly situated, defendant Hansan, State Director of Welfare, is to notify each County Welfare Department on or before July 17, 1972, by regular mail, of the terms of this order and to request immediate written confirmation from each County Welfare Department that they have ceased to enforce former Section 354 of the Public Welfare Manual, and E. C. 5113.05 and 5113.07, insofar as they would deny poor relief to otherwise eligible applicants for failure to meet the one year durational residence requirement.

3. Named intervenors Mary Diane Epperson and Alice M. Helms are to receive back benefits for the period from the denial of their application to the date of their admission to emergency relief offered by defendants in open court.

Injunction granted.  