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TOPEKA — A restraining order against the State of Kansas was requested Friday by advocates for the developmentally disabled, who said recent budget cuts are harmful and in violation of federal laws and the state constitution.

"Thousands of people are hurting out there," said Tom Laing, executive director of Interhab, a group representing community programs for the developmentally disabled. "We should not want to live in a state where these things are allowed."

Rod Murrow, a Lenexa attorney representing Interhab, parents of disabled children and others who petitioned the court, served notice of the action about 9:15 Friday morning in the Governor's Office. He then proceeded to a press conference called to announce the request for an emergency injunction intended to unfreeze Medicaid dollars recently approved by the Legislature for the programs in question.

Gov. Mark Parkinson last November announced a 10 percent cut in Medicaid reimbursements to doctors, hospitals and other care providers. The Legislature voted to reverse those cuts for the developmentally disabled when they approved a revised budget for the current fiscal year.

But Laing said state agencies were still taking the 10 percent from the programs he represents, though the legislation was signed into law March 5. The petition also asks for reversal of cuts in state grants to the programs.

The petition to the court named as respondents the governor, his budget director, Duane Goossen, the Kansas Health Policy Authority, the Kansas Department of Social and Rehabilitation Services and their top managers.

The petition asserted that the cuts have violated Section 7 of the state constitution, which calls for the state "to foster and support" institutions that benefit "mentally or physically incapacitated or handicapped persons."

It also claimed various federal laws have been broken, including those assuring "equal protection" for the disabled.

The governor issued a statement in response:

"In these tough economic times, all recipients of state funds must be patient as we work towards a solution. It's especially important that during this time we don't worsen the situation by bringing lawsuits against the state," he said.

Parkinson called the Medicaid cuts "bad policy" when he ordered them but said he had no choice given the constitutional requirement to maintain a balanced budget. His proposed budget for the fiscal year that begins July 1 calls for tax increases to restore the Medicaid cuts and fend off additional spending reductions for education, social services and public safety programs.

GOP leaders in the Senate have also said tax increases are necessary. But Republican leaders in the House say the budget problem results from too much state spending and have called for deeper cuts. Lawmakers have reduced state spending about $1.3 billion over the past two years as state revenues plummeted due to the weak economy.

Murrow said similar petitions have been filed in federal courts in other states and have resulted in immediate relief. He said the petition was filed with the state court instead of in federal court because of the violations of the state constitution.

He said it was unclear if or when the court would respond to the petition.