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Health Care as a Civil Right Lawsuit

The State of Michigan declares, in Article 4, section 51, of its Constitution that the public health of the people of the state is a matter of “...primary public concern.” Yet we have seen the state take actions in the past that show that the state government does not take this “concern” very seriously. The State has closed down public hospitals in Detroit (Detroit General; Wayne County General; LaFayette Clinic; and the psychiatric wing of Herman Kieffer).

There is supposed to be a statewide plan to provide “...adequate access to health care for all segments of the state’s population.” MCL 325.2001 and EO’s following it. Michigan Legal Services has asked for a copy of the plan and received a response from the Governor’s office that there is none. The Department of Community Health has sent the last plan, from 1991!

MichUHCAN has agreed to be a plaintiff in a lawsuit to declare health care a civil right under the state’s Constitution.

This lawsuit has been dismissed. MichUHCAN is appealing her decision. There is some hope – the State said our suit should be thrown out because we did not have the legal right (standing) to sue; we spent most of our time debunking that claim. We won that argument. Unfortunately the Judge saw another flaw in our case – she felt that the law was too vague to warrant a lawsuit in the first place. We did not anticipate this objection, so we did not try to disprove it.

Hopefully we will be able to convince a higher Court that this Judge was mistaken.

If your group is interested and did not attend on the 22nd call Marjorie Mitchell at (248) 477-7911 or Gary Benjamin at 313-964-4130 ext. 29 for more information.

We believe we can win this and get a court ordered plan to provide health care for all!!