For Immediate Release
Friday, Oct. 14, 2010
Patrick J. Wright
Director, Mackinac Center Legal Foundation
Michael D. Jahr
Senior Director of Communications
Mackinac Center for Public Policy
MIDLAND — Mackinac Center Legal Foundation Director Patrick J. Wright filed a motion for reconsideration with the Michigan Court of Appeals yesterday afternoon in Loar v. Department of Human Services, the day care union case that the MCLF is litigating on behalf of home-based day care business owners Sherry Loar, Michelle Berry and Paulette Silverson. The MCLF lawsuit is seeking a "writ of mandamus" to prevent the Michigan Department of Human Services from withholding so-called "union dues" from state subsidy checks sent to home-based day care providers on behalf of low-income parents. The DHS maintains that these day care providers, including private business owners and independent contractors, are members of a government employee union.
The MCLF's motion for reconsideration follows the Court of Appeals' Sept. 22 order, which was the court's second terse rejection of the lawsuit. The motion requests that the Court of Appeals "cure its palpable errors by granting the writ of mandamus or by fully complying with the Michigan Supreme Court's remand order," in which the justices unanimously asked the Court of Appeals to provide "an explanation of the reason(s) for the denial of the plaintiffs' complaint for mandamus."