SAN FRANCISCO (CN) - Small businesses that received $682 million in
IOUs from the state say California expects them to pay taxes on the
worthless scraps of paper, but refuses to accept its own IOUs to pay
debts or taxes. The vendors' federal class action claims the state is
trying to balance its budget on their backs.
Lead plaintiff
Nancy Baird filled her contract with California to provide embroidered
polo shirts to a youth camp run by the National Guard, but never was
paid the $27,000 she was owed. She says California "paid" her with an
IOU that two banks refused to accept - yet she had to pay California
sales tax on the so-called "sale" of the uniforms.
The class
consists mostly of small business owners, many of whom rely on income
from government contracts to keep afloat. They say California has used
them as "suckers" as it looks for a way to bankroll its operations while
avoiding its own financial obligations.
"Instead of seeking
funds through proper channels, the State has created a nightmare," the
class says. "Many of these businesses will not survive if they are
required to wait until October 2009 to have these forced IOUs redeemed
by the State."
The class claims the state is violating the Fifth
and Fourteenth Amendments. It demands that California be ordered to
honor its own IOUs, plus interest. They are represented by William
Audet.
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