Jail Forced to Release Thousands of Criminals
Between 1992 and 1994, the Legal Aid Society of Lorain County forced
the Lorain County jail to prematurely release more than 3500 criminals
to avoid what Legal Aid defined as overcrowding. In 1994, Legal Aid also
filed suit against the Lorain City jail for violating prisoners’ constitutional
rights. They contended that housing 45 inmates in a jail designed for 39
constituted cruel and unusual punishment under the 8th Amendment.
Among the other violations cited by Legal Aid were: poor laundry services;
life-threatening levels of tobacco smoke; and inadequate recreational facilities.
They specifically cited the fact that the pingpong table had no paddles.
See Stephen Hudak, “Inmate Sues Over Conditions,” The Plain
Dealer, September 2, 1994, pg. 6B; “Elyria to House Inmates,” The Plain
Dealer, January 21, 1993, pg. 1B
Defends Vandalizing Tenants
In 1993, the Stark County Legal Aid Society tried to prevent a local
housing authority from evicting a woman and her daughters for repeatedly
breaking windows and doors in their apartment. The authority’s lease expressly
calls for eviction of tenants for systematically damaging property. However,
legal aid argued that because the authority didn’t move for eviction in
the previous cases then they couldn’t use those cases as a basis for eviction.
The problem with this interpretation is that the authority could never
evict anyone for vandalizing property because they would be forbidden from
entering evidence of past abuse. A state court ruled against legal aid
for this reason and the fact that legal aid’s rationale would force housing
authorities to unfairly evict tenants after just one violation.
See Stark Metropolitan Housing Authority v. Kirksey, Ohio App.
Ct., 1993
Legal Aid Fights Efforts to Recoup Fraudulently Acquired Welfare
In 1995, the Central Ohio Legal Aid Society tried to prevent a county
human services department from forcing a woman to repay more than $7000
in welfare benefits that she had received fraudulently. In January, 1992,
the Knox County Department of Human Services sent a letter to Reta Wantland
demanding repayment of $7326 in Food Stamps and $10,473 in AFDC after it
was discovered that she had illegally obtained the benefits over a five-year
period. After refusing payment, a criminal court found Wantland guilty
of several counts of welfare fraud and ordered her to make restitution.
When Wantland went back on public assistance in 1993, the county sought
to recoup the $7000 she still owed for the Food Stamp overissuance by reducing
her monthly benefits. Legal Aid challenged the county’s action on procedural
grounds which a state appeals court quickly dismissed as without merit.
See Wantland v. Ohio Department of Human Services, Ohio App.
Ct., 1995
Welfare for Alcoholics
In 1990, Northeast Ohio Legal Services challenged the denial of unemployment benefits to individuals who lost their jobs due to chronic alcoholism. The individuals legal services represented in this case had been repeatedly warned by their employers for irresponsible work habits related to their alcohol abuse. One employer issued numerous warnings to a woman for showing up to work drunk and even offered to give her time off to get treatment. Another abuser admitted to missing work 25 to 30 times in a three year period and showing up to work inebriated. In addition, he had received warnings from both his company and union about his alcohol abuse. Both individuals failed to seek treatment and were summarily fired. Legal services argued that they deserved unemployment benefits because their dismissals were not justified due to their inability to control their drinking. Legal services lawyers claimed that because alcoholism is recognized as a handicap under federal law, denying benefits to chronic alcoholics violates their civil rights. The Supreme Court of Ohio rejected this claim because both individuals were given an opportunity by their employers to treat their condition before dismissal.
See Harris v. Ohio Bureau of Employment Services, Ohio
Supr. Ct., 1990
Opposes Confiscating Property of Deadbeat Dads to Pay Child Support
The Legal Aid Society of Lorain County has filed suit in federal court
challenging the county prosecutors’ practice of confiscating the property
of criminal defendants who owe child support. Assistant Lorain County Prosecutor
Sherry Spenzer got the idea when a “deadbeat dad,” owing $9500 in support,
appeared in court on a drug-related charge wearing a $115 starter jacket.
She confiscated the jacket, sold it back to the defendant and sent the
money to his six-year old son. In just one year, she managed to collect
$33,000 by confiscating defendant’s cash, watches, gold chains and articles
of clothing. Most inmates, says Spenzer, are usually willing to give up
the money or buy back jewelry to avoid answering probing questions about
their income and living arrangements. Legal Aid filed suit in November,
1994, alleging that the practice violates inmates’ constitutional rights
to due process.
See Sandra Clark, “Suit Argues Against Taking Property,” The
Plain Dealer; November 12, 1994, pg. 1B; Molly Kavanaugh, “Suit Not
Halting Creative War,” The Plain Dealer, May 20, 1995, pg. 1B