Disabled Kansans protest possible constitutional amendment

Several dozen disabled Kansans wanted to make sure that proposals to cut spending really were dead, but they had another message for legislators: “No amendment now!”

They filled the lobby outside the House chamber for two hours Wednesday, also protesting a proposed constitutional amendment to limit the courts’ power over state spending.

Facing a line of Kansas Highway Patrol troopers and Capitol Police officers, the protesters chanted for almost an hour, deriding the amendment and saying, “Up with revenues; down with budget cuts,” among other things.

The House wasn’t in session at the time, although the chants could be heard in the chamber. Few people could squeeze through the crowd, and only with difficulty, though by Wednesday evening, the protest was over.

Republican leaders insisted a proposed constitutional amendment must pass if legislators were to approve a plan to increase spending on public schools and end their special legislative session. The session was prompted by a Kansas Supreme Court order demanding legislators come up with an additional $143 million for schools by Friday.

The protesters were worried legislators would attempt to divert money to schools from social services, particularly those helping disabled Kansans stay out of nursing homes. Those fears persisted even though senators rejected proposed cuts twice in two days and the House did not plan to consider them.

“As far as we’re concerned, cuts are still on the table,” said Mike Oxford, director of the Topeka Independent Living Resource Center. “Right now, anything can happen.”

Later, House Speaker Doug Mays, R-Topeka, told the protesters that legislators wouldn’t be considering budget cuts, a promise that led the group to spread out in the lobby so people could pass them.

But the protesters also worried that the proposed amendment could affect individuals’ lawsuits against the state.

“There would be no balance, no accountability,” said Shannon Jones, a lobbyist for the Statewide Independent Living Council.

The proposed amendment would clarify that the Legislature has a monopoly on the power to appropriate money.

Supporters said the measure, if adopted by both chambers and approved by voters, merely would reflect most Kansans’ current understanding of legislative and judicial power.

“All that is happening by this amendment being considered is that what we’ve always believed is the case is reinforced,” said Rep. Eric Carter, R-Overland Park, an attorney.

The Supreme Court’s mandate on education funding came in a lawsuit filed in 1999 by parents and school administrators in Dodge City and Salina.

But also pending in Shawnee County District Court is a lawsuit filed against the state by advocates for the developmentally disabled, who argue that annual state spending on services is $90 million short of complying with federal mandates.

While the amendment would affect that litigation, it also could affect lawsuits filed by individuals against state agencies, said Michael Donnelly, policy director for the Kansas Disability Rights Center.

If someone wins a lawsuit and a court orders the state to pay damages, Donnelly said, “The Legislature can say, ‘We ain’t paying it.”‘

But Carter said generally, the state is immune from lawsuits. He also noted that the Legislature considers claims for damages brought by individual citizens as well.