Zarate v. State Department of Health & Rehabilitative Services'

ORDER

This cause came before the Court upon motions for summary judgment made by both the plaintiff and the defendant and upon Herman and Pola Sheydwasser’s motion to intervene as party plaintiffs and as representatives of a class not yet constituted.

This action was brought pursuant to 42 U.S.C. §§ 1981, 1983 and 2000d. The plaintiff seeks to enjoin the enforcement of Florida Statutes § 409.205(2), F.S.A., Florida’s Old Age Assistance Act, and § 409.225(3), F.S.A., Aid to the Totally and Permanently Disabled, under which persons who may otherwise qualify for assistance pursuant to these Acts…