Despite congressional reforms, federal legal services lawyers continue
to file litigation that has little to do with helping the deserving poor
with their true legal needs. Since last year, legal services programs have
filed lawsuits to stop the deportation of criminal immigrants, helped substance
abusers get on welfare and thwarted the attempts of public housing authorities
to control crime.
Sues Government for Deporting Criminal
In 1996, the Legal Aid Society of Cleveland tried to stop the deportation
of an immigrant guilty of committing major welfare fraud. The case began
in 1993 when the Immigration and Naturalization Service (INS) ordered the
deportation of Yousef Hamdan, a Jordanian citizen on a temporary U.S. visa,
following his conviction for criminal trafficking in food stamps. Under
federal law, the INS is authorized to deport any alien, legal or illegal,
for a crime involving moral turpitude. However, Legal Aid sought to stop
the deportation on the grounds that it would cause extreme emotional and
financial hardship on his wife and stepdaughter. The U.S. Sixth Court of
Appeals rejected Legal Aid’s arguments after finding no evidence that Hamdan’s
family would suffer financially. The court also rejected Legal Aid’s emotional
hardship claim. It seems Hamdan only decided to get married until
after deportation proceedings were initiated.
See Hamdan v. INS, No. 95-3701, US App. Ct., 1996
Jersey City Sued for Requiring Alcoholic Welfare Recipients to Get Treatment
In 1996, legal services lawyers sued Jersey City for requiring an alcoholic
to enter a treatment program as a condition to receive welfare. Welfare
officials terminated the man’s General Assistance benefits after he refused
their request that he enroll in an inpatient treatment clinic. As a participant
in the city’s General Assistance employment program, officials judged it
reasonable to require the man to treat his substance abuse problem if he
was to become self-sufficient. However, Hudson County Legal Services forced
the city to restore benefits, arguing that local welfare officials weren’t
qualified to determine if a recipient needed treatment.
See L. v. Jersey City Mun. Welfare, N.J. Dept. of Human Services,
1996
Vermont Public Housing Sued for Denying Applications of Potential Troublemakers
In 1996, Vermont Legal Aid successfully sued a public housing authority
for refusing to rent to individuals with a history of misconduct. The Brattleboro
Housing Authority made it a policy to reject applicants for housing who
had a record of bad behavior. However, Vermont Legal Aid claimed that the
policy violated federal fair housing laws and discriminated against people
with disabilities. Brattleboro settled the case. In addition to paying
$10,000 to Legal Aid’s client, the authority agreed to reconsider the applications
of all individuals they had rejected with a promise to make reasonable
accommodations for those with disabilities.
See Mansur v. Brattleboro, No. 94 cv 286, 1996
Vermont Legal Aid Threatens to Sue Welfare Residency Restriction
Vermont Legal Aid says it may mount a court challenge to new welfare
rules that limit new state residents to five months of benefits. Legal
Aid claims that restricting welfare benefits for residents with less than
one year of residency is unconstitutional.
See “Limit on Welfare May Be Challenged,” State News Service,
June 27, 1997
Indiana Legal Services Gets Unemployment for Man Fired for Being in Jail
In 1994, the Legal Services Organization of Indiana sued the state for
denying unemployment benefits to a man who was fired for being in jail.
The case began on August 30,1991 when Kevin Hughey, employed as a maintenance
supervisor at the Spencer Cord company, was arrested and incarcerated for
assault and battery. After spending four months in jail, Hughey was tried
and found guilty but not sentenced to prison. Following his conviction,
Spencer Cord fired Hughey. He applied for unemployment benefits which the
state rejected on the grounds that absenteeism due to incarceration is
a legitimate reason for a company to fire someone. Legal services claimed
that state unemployment law justifies the discharge of an employee only
when he is incarcerated “following conviction of a misdemeanor or felony.”
Using this standard, LSOI argued that Hughey was unjustly fired because
he was not incarcerated after his conviction. The fact that he was out
of work four months awaiting trial in jail didn’t matter. An Indiana Appeals
Court agreed and ruled that Hughey’s claim for unemployment should have
been approved.
See Hughey v. Indiana Dept. of Emp. and Training Serv., 639
N.E.2d 1044, Ind. App., 1994
Indiana Legal Services Seeks Unemployment for Man Fired for Drunkenness
In 1994, Legal Services Organization of Indiana sued the state to get
unemployment benefits for a man fired for being drunk on the job. Richard
Butler worked as a technician for the Cardinal cable TV company, a job
which required him to drive company vehicles. One morning in 1993, Butler
showed up for work inebriated. When Butler refused his supervisor’s request
to get a blood alcohol test, he was fired. Legal services sued the state
for denying Butler’s unemployment application. Legal services argued the
company policy of requiring drug/alcohol testing violated Butler’s constitutional
right to privacy. An Indiana Appeals Court rejected the argument, ruling
that private employers have a right to insure that its workers aren’t drunk
on the job.
See Butler v. Indiana Dept. of Emp. and Training Serv., 633
N.E.2d 310, Ind. App. Ct., 1994