Stops Eviction of Woman Arrested for Dealing Crack
In August 1996, Brooklyn Legal Services stopped the eviction of a woman
even though police found 54 vials of crack cocaine and drug packaging during
a raid on her apartment. Following the raid which took place on Christmas
Day 1995, the Clifton Court apartment complex initiated eviction proceedings
against tenant Karen Williams who police arrested along with seven others
for drug dealing. However, Brooklyn Legal Services thwarted the eviction.
They argued that the apartment owners failed to definitively prove that
Williams was dealing drugs despite the discovery of five dozen vials of
crack. BLS claimed that the presence of illegal drugs in Williams apartment
-- which was enough for police to arrest her -- was insufficient to justify
her eviction.
See Bill Alden, “Court Blocks Drug-Related Eviction,” New York
Law Journal, August 14, 1996, pg. 1
Tries to Stop Expulsion of Violent Man From Private Care Facility
In 1996, Nassau/Suffolk Law Services Committee of Long Island sued a
private mental health care facility for trying to evict a violent resident.
Abbey Island Park Manor sought to expel Marcos Lopez for refusing to follow
the treatment program, verbally and physically abusing staff, terrorizing
customers at a nearby supermarket with aggressive panhandling and sitting
on the steps of the facility trying to throw residents down the stairs.
However, Nassau/Suffolk lawyers tried to stop his expulsion on the trivial
grounds that the termination notice incorrectly listed the date of Lopez’
admission. The state court rejected the claim, ruling that the typo didn’t
render the notice defective.
See Abbey Island Park Manor v. Lopez, 646 N.Y.S.2d 971, 1996
College That Expelled Failing Student Sued For Violating ADA
In 1995, Legal Services of Central New York sued a college alleging
that its expulsion of a student for academic incompetence violated the
Americans With Disabilities Act (ADA). The student in question, Rosemary
Goodwin, was enrolled in the Occupational Therapy Program at Keuka College.
She was expelled from the program in the fall of 1992 after failing to
fulfill key parts of the program and leaving her field assignment after
an argument with the supervisor. Legal Services of Central New York sued
the college claiming that they discriminated against Goodwin by failing
to take into account her learning disability. However, Goodwin was not
diagnosed as having a disability until months after her expulsion. A federal
court rejected legal services discrimination claim because the college
could not be held responsible for a handicap they were not even aware of.
Furthermore, the court ruled that she was failed for valid academic reasons.
In a final attempt to win their case, Legal Services then claimed that
Keuka College discriminated against Goodwin by rejecting her readmission
after the school was informed of her disability. Legal Services argued
that although the school expelled Goodwin for non-discriminatory reasons,
they were obligated to readmit her due to her handicap. The court ruled
that a student failed for academic reasons is not entitled under the ADA
to readmission.
See Goodwin v. Keuka College, 929 F. Supp. 90, U.S. Dist. Ct.,
1995
Seeks Federal Disability For Man Too Tired To Work
In 1996, Neighborhood Legal Services of Buffalo tried to get a man Supplemental
Security (SSI) benefits on the grounds that his history of chronic alcoholism
made him too tired and nervous to work. Although the man had a problem
with seizures due to his drinking and was limited in the kinds of activity
he could perform, doctors determined he was still capable of working in
a variety of jobs. However, legal services claimed that he did not feel
well and was often fatigued which prevented him from working. A federal
judge rejected the argument, ruling that “Not quite feeling up to par and
fatigue can hardly be described as significantly diminishing one’s ability
to work.”
See Johnson v. Chater, U.S. Dist. Ct., 1996