Federal legal services programs in Illinois have a lengthy record of
political advocacy which includes support for radically expanded welfare
entitlements. Legal services also shows poor judgment by representing substance
abusers applying for welfare and tenants fighting eviction for contributing
to crime in public housing
LAF Seeks Disability Benefits for Chronic Alcoholic
In 1995, the Legal Assistance Foundation of Chicago tried to obtain
Supplemental Security Income (SSI) benefits for a man who claimed his chronic
alcoholism prevented him from working. The man in question, Carey Tillery,
already received $157 a month in assistance plus food stamps. LAF argued
he deserved SSI because he drank so much he couldn’t work. Tillery admitted
to drinking as much as 12 pints of vodka every day and only stops drinking
when he gets too sick. Tillery claimed that he had been unable to find
gainful employment since he lost a job in 1984. Tillery had never
entered Alcoholics Anonymous or any rehab program to deal with his drinking
problem. The government initially denied Tillery’s application for SSI
because his eleven years of prior employment demonstrated a minimal
ability to earn a living. However, LAF argued that because he was drunk
most of the time while working, Tillery had demonstrated an inability to
support himself and thus should be considered eligible for disability.
A US District Court partly agreed with LAF and ordered the government to
reconsider its decision. See Tillery v. Shalala, US
Dist. Ct., 1995
Threatens to Sue Chicago School Board for Not Having Girls Soccer
In 1994, LAF threatened to sue the Chicago Board of Education if it
didn’t make girls soccer an official sport in the Chicago Public League.
LAF attorneys contended that the school board’s failure to establish a
girls soccer league was discriminatory and violated federal civil rights
laws. The board claimed that it didn’t establish a girls league due to
lack of interest and that they allowed girls to try out for the boys teams.
However, LAF rejected the arguments and to forestall a suit, the board
agreed to create a league.
See Barry Temkin, “It’s Time to Savor Grudging Win,” Chicago
Tribune, May 1, 1994, pg. 20
Prosecutor Sued for Calling Convicts “Savages”
In 1993, LAF sued a Cook County prosecutor for describing convicts it
was transferring to state prisons as “savages” and other unflattering characterizations.
When prosecutors send convicts to the state Department of Corrections,
they forward statements describing the type of individual they are getting
so that prisons may determine their security risk. LAF filed suit claiming
that inmates have a legal right to objective statements void of emotionally
charged rhetoric. A 1st District Appellate Court rejected the claim ruling
that prisoners have no such right.
See David Bailey, “Prosecutor Comments on Jail-Bound Convicts
Upheld,” Chicago Daily Law Bulletin, November 16, 1993, pg. 3
Welfare for Illiterates
In 1992, LAF threatened to go to court to reverse a decision by state officials to end welfare benefits for 9000 illiterates. Under the state’s transitional assistance program, individuals considered unable to work due to physical conditions, addiction or other factors received monthly grants, medical care and food stamps. Under those guidelines, individuals who could not read above the sixth-grade level were considered eligible for one year of assistance. However, a number of welfare advocates including LAF criticized the one-year rule as arbitrary and unreasonable. They insisted that the state must insure that illiterates are sufficiently educated before forcing them from assistance. However, state legislators argued that there were already “hundreds of programs” to help such people improve their educational skills and there’s nothing else they can do to force people who don’t want an education to go to school. Nevertheless, the state said it would reconsider its decision.
See Charles N. Wheeler, “State Reconsiders 1-Year Cutoff
for Illiterate,” Chicago Sun-Times, December 10, 1992, pg. 22
LAF Forces State to Spend Additional Millions on Welfare
In 1993, LAF won a significant victory when a federal judge supported
its claim that the state was obligated to finance the child-care expenses
of mothers participating in job-training or educational programs. Illinois
had refused to pay for child-care expenses of the welfare mothers in its
training program due to a shortage of funds. The state already paid for
the tuition, books and transportation expenses of the participants who
also were receiving AFDC payments of up to $367 per month plus food stamps.
However, a US District Judge sided with LAF and ruled that federal law
mandates that the state pay the child care expenses.
See Matt O’Connor, “State Must Pay Child Care,”Chicago Tribune,
February 24, 1993, pg. 3
Opposes Housing Authorities Efforts to Control Crime
In 1992, LAF sued the Chicago Housing Authority for holding tenants responsible for the criminal activity of relatives or guests visiting public housing. The case arose when CHA tried to evict two women for failing to supervise the conduct of their sons who had committed crimes while on CHA property. LAF argued that the CHA policy of requiring tenants to police the conduct of their children violates the tenants’ constitutional right to free association. A federal court rejected the argument ruling that because crime in public housing injures innocent tenants, no “right of intimate association” allows a tenant to let guests “run riot.”
See Donner v. Chicago Housing Authority, 969 F.2d 461,
US App. Ct., 1992