National Legal and Policy Center -- Legal Services Accountability Project
 
LSAP REPORT
 
Issue # 18 -- November 17, 1995


 
Legal Services Wrecks Havoc in Florida
Both business and government in Florida suffer significantly from legal services litigation. The agriculture industry is losing thousands of jobs to costly litigation. Local governments spend millions resisting everything from challenges to their electoral systems to how they deal with the homeless. Currently, legal services is fighting the state’s efforts to cut off benefits to illegal immigrants.
 

Legal Services Litigates Away Thousands of Farm Labor Jobs

After two decades of litigation, legal services has succeeded in destroying nearly 10,000 jobs in Florida’s sugar cane industry. As recently as 1988, more than 10,000 Jamaican guest workers would migrate to Florida to cut sugar cane as part of a special government program to bring in essential foreign workers. These workers were given free housing, free transportation to and from Jamaica, health care and guaranteed wages of nearly $7 an hour. Yet, each year, Florida Rural Legal Services would haul sugar growers into court alleging a myriad of labor violations. A series of suits culminating in a $51 million judgment handed down in 1992 forced the growers to switch to mechanization. In 1993, only 2100 workers were employed in the harvest. When warned four years ago that the companies might tire of the ceaseless litigation and switch to mechanical harvesting, a legal services lawyer said it was a bluff and that they would eventually negotiate.
 
See Jon Jefferson, “Cane Workers Accord Means Big Job Loss,” The National Law Journal, November 8, 1993, pg. 9; Rosalind Resnick,   “Sugar Companies and Cane Cutters Battle in Florida,” The National Law Journal, April 1, 1992, pg. 1
 

Florida Cities Harassed Over Electoral Voting Systems

Since 1990, Florida Rural Legal Services has sued eight local governments demanding that they abandon their at-large electoral systems for single-member districts on the grounds that at-large voting unfairly dilutes black voting strength. County and city governments, including DeSoto County, Hendry County and the cities of Arcadia, Ft. Pierce and West Palm Beach, have spent hundreds of thousands of dollars fighting what they regard as unfair allegations that they deliberately weaken black voting strength. The city of Arcadia, for instance, has had to spend more than $100,000 fending off a FRLS lawsuit even though two of the city’s five council members are black. DeSoto County officials, who have accrued more than $100,000 in legal bills, complain that FRLS wants them to count minorities in prisons and mental hospitals in assessing the number of minorities eligible for representation.
 
See Ian Trontz, “Voting Rights Suits Cost over $300,000,” The Tampa Tribune, June 2, 1995, pg. 1; Bill Douthat, “Voting Rights Pioneer,”   The Palm Beach Post, April 3, 1994,  pg. 1B
 

Jail Sued for Trying to Prevent Spread of AIDS

In 1994, Greater Orlando Area Legal Services (GOALS) forced the Orange County Jail in Orlando to stop segregating AIDS-infected inmates from the general population. The jail started the policy in 1989 to protect other inmates and employees from possible infection. Immediately, GOALS filed a lawsuit which dragged on for nearly five years. Legal services lawyers contended that the jail was denying inmates counseling and medical treatment. Ed Royal, deputy corrections director, called the charge “a bunch of bunk” and said the jail consistently provided treatment and medication. The Center for Disease Control estimates that 5000 prisoners per year contract the AIDS virus.

 See Jim Leusner, “Jail Will Stop Segregating AIDS Inmates,” The Orlando Sentinel, Sept. 30, 1994, pg. C1
 

Fort Lauderdale Sued For Housing Homeless in Tent Camp

The Legal Aid Service of Broward County is currently suing the city of Fort Lauderdale for housing the homeless in a tent camp. City officials constructed the camp to get the homeless out of public parks where there had been many complaints about them urinating and defecating in public. The camp, which houses about 300 people, provides three large open air tents, cots, running water, toilets and  3-by-7 foot  sleeping spaces. The camp is also regularly inspected by health authorities. Nevertheless, Legal Aid says the facility is inadequate. They claim the camp violates the homeless’ constitutional right to privacy and subjects them to cruel and unusual punishment. Legal Aid demands that the city either build a better facility or let the homeless roam freely as they did before.
 
See Tao Woolfe, “Legal Aid Suit Blasts Homeless Site,” Sun-Sentinel,  March 31, 1994, pg. 1B
 

Legal Services Demands Foster Care for Illegal Immigrants

Legal Services of Greater Miami is suing the state for refusing to admit illegal immigrant children into the state foster care system. The state took the step after Governor Chiles announced that Florida is under no obligation to subsidize services for illegal immigrants and would sue the federal government to recoup the money it has spent to date. Currently, Florida spends $739 million a year on immigrants.
 
See Larry Rohter, “Florida Opens New Front in Fight on Immigrant Policy,” The New York Times, February 11, 1994, pg. 14
 

Orange County Schools Sued for Expelling Violent Students

In 1992, Greater Orlando Area Legal Services sued Orange County Schools on behalf of several students expelled for violent behavior. Legal services claims that the students have behavioral problems and it is the obligation of the school district to provide them with special education programs.  One of the students GOALS wanted readmitted was expelled for breaking another student’s arm and nose. The suit was dismissed on procedural grounds, but not until Orange County had modified its expulsion policy to take into account “special needs” children.

 See Sandra Fish, “Suit Challenges Expulsion Policy,” Orlando Sentinel Tribune, April 27, 1992, pg. B1



 

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