Bushey v The New York State Civil Service Commission Reply Brief for Defendants-Appellants

    NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, INC 

egal ‘efense lund 10 Columbus Circle, New York, N.Y. 10019 « (212) 586-8397 

NAACP LEGAL DEFENSE FUND FILES SUIT TO 
BLOCK CITY HOSPITAL CLOSINGS 

For immediate release: For further information: 

Wednesday, August 15, 1979 Beth Lief or Peter Sherwood 

(212) 586-8397 

New York, N. Y., August 15 -- The NAACP Legal Defense Fund 

filed a class action lawsuit today in federal court charging that 

the announced plan of Mayor Edward I. Koch and city health care 

officials to close four municipal hospitals in New York City 

violates federal due process and civil rights law, state and 

local health planning laws and various provisions of the State 

Constitution and the City Charter. If successful, the suit 

would block City and State officials from approving or 

implementing any plans to reduce in-patient or out-patient 

services, to close hospitals or reduce services until all 

black and Hispanic residents have the same access to adequate 

health care as white residents. It would require that any 

illegal reduction be reinstated. The suit was filed in the 

U. §. District Court for the Southern District of New York by 

the NAACP Legal Defense Fund on behalf of David E. Bryan, Jr., 

Executive Secretary of the Metropolitan Council of Branches of 

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Contributions are deductible for U.S. income tax purposes 

The NAACP LEGAL DEFENSE & EDUCATIONAL FUND is not part of the National Association for the Advancement of Colored People although it 

was founded by it and shares its commitment to equal rights. LDF has had for over 20 years a separate Board, program, staff, office and budget. 



ital Closings = 2 

the NAACP and other black and Hispanic residents of New York. 

At a press conference called to announce the suit, Jack 

Greenberg, Director—Counsel of the NAACP Legal Defense Fund 

made the following statement: 

"We do not question the need of the city to contain health 

care costs or to work to reduce excess hospital beds. 

However, both law and decency require that hospital 

closings or reductions in health care services not fall 

with undue harshness and hardship on minority residents. 

The present plan does just that. It would cut services 

to residents of areas already severely underserved with 

respect to access to adequate health care. 

"The City’s proposal was not, as required by law, sub- 

mitted for review to state or local health planning 

agencies. Further, Title VI of the Civil Rights Act 

specifically requires that before cutbacks or changes 

can occur in any federally-assisted health care pro- 

grams, a civil rights assessment must be made. This has 

not been done. 

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Hospital Closings - 3 

"The New York State legislature has mandated, through 

the creation of the Health and Hospitals Corporation, 

a system to provide high quality, comprehensive health 

care for residents, particularly those who can ‘least 

afford’ it. In New York City those persons tend to be 

overwhelmingly black and Hispanic. 

"Presently, seventy percent of the patients who receive 

in-patient health care in the City's 13 municipal 

hospitals are minorities. The proposed closings would 

result in a significant reduction in their access to 

quality health care." 

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