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Inside the Courtroom with our Pro Bono Partners: Akin Gump and Law Center Win Protection of Food Sharing Rights in Dallas

Posted on April 30, 2013
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At the end of March, a federal court delivered a victory to the Law Center and its pro bono partner and LEAP member, Akin Gump Strauss Hauer & Feld LLP, when it ruled that the City of Dallas may not enforce a law that prevents religious organizations from providing food to homeless persons living outdoors. The Law Center’s Civil Rights Attorney Heather Maria Johnson partnered with Akin Gump attorneys in Dallas to represent two religious organizations and one volunteer in their challenge to the city ordinance.  Offering food, services and companionship to poor and homeless people is an integral part of the groups’ ministries.

We caught up via e-mail with Andrew Newman and Lizzy Scott, Akin Gump attorneys who worked on the case pro bono, to talk about their experience.

Guests of Big Heart Ministries' annual Christmas meal dug into hot food on a cold afternoon outside a church on Second Avenue near Fair Park in December 2011. (Dallas Morning News)

IJT: Tell us about litigating the case.  Did it become emotional for you?

“Taking this case to trial was difficult because the City has undertaken many positive programs that aim to help the homeless population of Dallas – in this instance, though, the City did not consider how our clients would be burdened by the numerous requirements for sharing food with homeless individuals,” wrote attorney Andrew Newman. 

IJT: What was the most challenging or surprising aspect of the case for you?

“I think one of the most challenging aspects of the case was ensuring that our clients’ compelling stories came through while also making the necessary legal and factual record.  This case involved our clients’ intensely personal religious convictions, and we wanted to make sure that their beliefs and their stories were never overshadowed by our more technical efforts to prove their case,” said attorney Lizzy Scott.

“As recently as last Sunday one of our clients was out sharing food with the homeless near downtown, and he was told [by police that] he wasn’t allowed to do it in the Central Business District,” Scott told the Dallas Morning News, which covered the case.  “Now he’s very excited to get back to the ministry,” she added.

IJT: What do you have to say about partnering with NLCHP and supporting our overall mission – to serve as the legal arm of the movement to prevent and end homelessness in America?

“It was great to work with NLCHP and help continue this important work—our trial team benefited from NLCHP’s national perspective and insight on this emerging issue of sharing food with homeless individuals in America’s cities,” commented Andrew.

At a time when more emergency food needs are going unmet, cities should be facilitating the efforts of charitable organizations to meet these needs, not infringing their rights to provide food as part of their religious mission.  We are pleased that the Court has vindicated these important rights and grateful to our partners at Akin Gump for their excellent pro bono service.

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The Dirty Divide in Downtown Los Angeles: A Call for Public Health Equity and Human Rights in Skid Row

Posted on April 17, 2013
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As a new father, I’m dealing with a lot of crap on a daily basis, literally. When I go out, I always have to think about bringing along a diaper bag, just in case our daughter decides it’s time to go. For myself, in my house I have no worries, and when I’m out, usually there’s a relatively decent restroom in some restaurant or other facility I’ll have access to. But for many living on the streets, where they can safely and cleanly go to the bathroom is a daily concern.

Credit: KCRW http://bit.ly/11e0NOf

Building on a visit last year from the top UN expert on the right to water and sanitation, which focused attention on the cruel and degrading conditions faced by homeless persons without access to adequate sanitation, our partners at the Los Angeles Community Action Network (LA CAN) are launching their new report, The Dirty Divide, which highlights the continued lack of public health infrastructure for poor residents residing in Downtown Los Angeles, with a particular focus on trash services and restrooms.

This report shows how Los Angeles is violating not just with its own health department’s recommendations but international human rights norms. The report’s concerns about lack of trash and restroom services are connected to three key issues: 1) the public health of Skid Row residents should be protected; 2) equity in services between the “New Downtown” and Skid Row should be upheld; and 3) without access to trash cans and restrooms, Skid Row residents are at risk of criminalization under the Safer Cities Initiative which focuses on low-level offenses such as littering or public urination.

Having been part of numerous trainings with LA CAN on human rights – first as trainer, now learning from them more than I share – and having helped organize for the U.N. visit, I’m so happy to see these tools being put to use in The Dirty Divide, which utilizes a human rights framework to examine what the dire shortcomings in Skid Row mean from a rights-based lens.

In order to respond to the human rights violations outlined in this report and begin to ensure public health equity, The Dirty Divide’s recommendations include:  1) Shift current political and governmental priorities and resources from criminalization to housing; 2) Place adequate numbers of trash receptacles in Skid Row and establish frequent trash collection; 3) Increase access to restrooms; and 4) Develop a community health council to address issues for the long-term.

Last year California led the country in adopting a law declaring that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes. This year, California is considering AB5, a Homeless Bill of Rights. L.A. should step up and start leading on these issues, rather than avoiding necessary improvements for the most vulnerable living on the streets in Skid Row.

We at the National Law Center on Homelessness & Poverty are proud to support LA CAN in this call for L.A. to live up to its human rights obligations, stop treating its citizens like trash, and start treating them like human beings deserving of their basic human dignity. I don’t want my daughter growing up in an America that can’t provide that minimum to its most vulnerable citizens.

-Eric Tars

Director of Human Rights and Children’s Rights Programs

Credit: KCRW http://bit.ly/11e0NOf

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Criminalization of homelessness – local impact, global issue

Posted on April 8, 2013
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As the economic crisis continues at the bottom end of the income spectrum, the past week has brought two victories worth noting, from the most humble of tent encampments to the marble halls of the U.N.’s Palais Wilson in Geneva.

Tent City in Lakewood, NJ

First, our colleagues at the New Jersey Coalition for the Homeless have won a tremendous court victory for those living in Tent City, Lakewood, New Jersey. After fighting the city and county’s efforts to evict them for several years, and pushing, through counter-motions, an alternative vision of the law that says the state was violating their human right to housing (helped, in small part, by assistance from the Law Center), the homeless residents of Tent City have come to a settlement with the city that states, among other things, that  (1) all of Tent City’s current residents may not be ejected by Lakewood unless and until those residents are first offered a plan that provides for (and actually provides) safe and adequate housing for at least a full year; (2) requires Lakewood to dismiss all of the charges that it filed in municipal court and elsewhere about supposed “code violations” in Tent City; and (3) requires the city to provide basic municipal services such as trash removal for the residents until they depart. As Jeffery Wild, lead attorney for the homeless residents said,

“No one can be forced out of where they are now unless they are offered safe and adequate housing indoors. That’s all we ever wanted. We’re not here to defend Tent Cities; no one should have to live in the woods. This is about the right of everyone to have housing.”

Personalized tent city homes in Lakewood, NJ

Second, at the international level, the U.N. Human Rights Committee has requested information from the U.S. government about the criminalization of homelessness in the U.S. Last year, the US Interagency Council on Homelessness issued a report stating that criminalization of homelessness potentially violated the International Covenant on Civil and Political Rights, which the Human Rights Committee oversees. The U.S is in the middle of reporting to the Committee on our compliance with the Covenant, and the Committee put forth its List of Issues, specifying issues which it feels warrant additional discussion before the U.S. engages in an oral hearing this October. Thanks to our own report, put forth in coordination with a broad group of homeless advocates, criminalization of homelessness was for the first time included in that list, confirming our and the U.S. government’s own interpretation that criminalization raises concerns not just under domestic law, but under our international human rights obligations. The Committee will issue further conclusions and recommendations following the U.S. government hearing in October.

Jeff and his legal team have demonstrated the concrete impact that human rights advocacy has at the local level, while we continue to build global standards to further assist in ensuring all people enjoy their basic human rights. While there are more battles to be fought, we celebrate the victories of this past week, and look forward to the day when we no longer need to fight criminalization of homelessness, because everyone has a safe place to call home.

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Looking Back: A Milestone Year for Homeless Advocacy

Posted on January 22, 2013
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The year 2012 was an important milestone for the Law Center, as we marked the 25th anniversary of the McKinney-Vento Act—the first federal legislation to address homelessness—for which our founder and executive director was a primary advocate.  But while great progress has been made since McKinney-Vento’s passage, there is still much to be done.  That’s why we used the occasion to renew our commitment to finish what we started and end homelessness in America.

The year began with exciting achievements in our civil rights and human rights programs.  In February, after observing Sacramento denying sanitation and safe drinking water to homeless residents during a visit organized by the Law Center, the UN Special Rapporteur on Water and Sanitation wrote an unprecedented letter to Mayor Kevin Johnson, calling the City’s actions a blatant violation of human rights.  This sent a powerful message that the U.S. is accountable to its international treaty obligations and generated strong media coverage, which reinforced the human rights implications, helping to change the political playing field and empowering marginalized homeless advocates.

In April, the U.S. Interagency Council on Homelessness and Department of Justice released a report that condemns the criminalization of homelessness, drawing heavily on publications from the Law Center.

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The Compassion Deficit: Sidewalk Bans and Criminalizing America’s Homeless

Posted on December 3, 2012
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Over the last few years, policymakers across the country have cracked down on homeless Americans, introducing measures that make life an even greater struggle for some of our most vulnerable citizens.  These include laws that prohibit sleeping or storing belongings in public areas.  Out of 234 U.S. cities surveyed in 2011, one-third prohibited sitting/lying in certain public places.  These “sidewalk bans” are not only morally abhorrent, but highly ineffective at addressing homelessness.

This past November, Berkeley, CA came uncomfortably close to passing a sidewalk ban that would have fined homeless individuals $75 for sitting on sidewalks in commercial areas between 7 a.m. and 10 p.m.  The Berkeley Sit-Lie Ordinance—“Measure S” on the Election Day ballot—was narrowly defeated 52.5 percent to 47.7 percent.

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Poverty & Politics: Three Things Obama and Romney Must Address Tonight

Posted on October 3, 2012
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Join us on Twitter tonight, as Law Center Policy Director Jeremy Rosen “live-tweets” during the presidential debate at 9 pm EST.  Use hashtag #TalkPoverty.

With the presidential election less than six weeks away, President Barack Obama and former Governor Mitt Romney will square off tonight in Denver in a debate moderated by Jim Lehrer.

Gov. Romney, Pres. Obama | AP

The campaign to date has been somewhat vapid, with the candidates more focused on winning news cycles than addressing the issues.  And unfortunately, the media has let it happen.  At a time when millions of poor and homeless persons are facing an uncertain future, this is especially disappointing.

In tonight’s debate, and every day before November 6, there are three issues President Obama and Governor Romney must address.

A Plan to Reduce Poverty

In February, Governor Romney said he was “not concerned about the very poor” and implied that the social safety-net is in good shape.  That view was reinforced when video recently surfaced of Romney saying it’s not “his job to be concerned” about 47 percent of Americans who don’t pay taxes.  Romney cast them as “victims” who believe they are entitled to housing, health care, and food—and said they will “never [be] convince[d] to take personal responsibility and care for their lives.”

In light of these statements and Romney’s focus on debt reduction and tax cuts over social programs, one has to wonder how he would address record poverty while slashing spending and reducing federal revenue.

President Obama has also failed to explain how he will reduce poverty.  He says he won’t balance the budget on the backs of poor people, but has yet to put forth a plan to help low-income families stabilize their lives.  Even the jobs bill he released last September was more focused on the middle-class than low-income Americans.  Obama must articulate how he will fundamentally change the economic reality of the people suffering most.

A Vision for Housing Policy

Experts say the housing market has “turned the corner,” but it’s a mistake to conclude the foreclosure crisis is over.  It is projected that there will be 1.5 million total foreclosures in 2012, and millions more families are underwater on their mortgages.

In 2011, Governor Romney said that government “shouldn’t try to stop the foreclosure process,” but rather “let it run its course and hit the bottom.”  President Obama took action, but his programs were limited and helped fewer than half of the families facing foreclosure.

With so many people still at risk, both candidates must explain what they will do specifically to prevent people from losing their homes.   Moreover, we need to know what role, if any, they believe government should have in building affordable housing to meet the rising needs of low-income Americans.

Insuring the Uninsured

Both candidates acknowledge that too many low-income people lack access to health care.

President Obama’s Affordable Care Act seeks to cover them by expanding Medicaid through federal subsidies to states.  However, the Supreme Court recently ruled that states can choose to opt out of the expansion.  What will the Administration do to ensure states do the right thing and participate in the program?

In Massachusetts, Governor Romney enacted state legislation similar to the Affordable Care Act.  That bill, which provides free health care to people earning less than 150 percent of the federal poverty level, has been largely successful and covers 98 percent of state residents.  But despite similarities between “RomneyCare” and “ObamaCare,” Romney has vowed to repeal the Affordable Care Act.  He plans to replace it with legislation that would, according to Reuters, “accelerate the use of high-deductible insurance plans that offer lower premiums but require beneficiaries to pay thousands of dollars more in out-of-pocket expenses than they would face under conventional coverage.”  This could have severe consequences for low-income families, who lack disposable income.  Romney has yet to explain how he will address their needs.

Tonight’s debate is an important opportunity for the candidates to address these issues.  The American people deserve a clear explanation of each man’s vision.  If we get that, we’ll be one step closer to creating change for the people who most need it.

- Andy Beres, Development & Communications Coordinator

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New Poverty Data Sobering, Reveals Need for Government Programs

Posted on September 24, 2012
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This month, the Census Bureau released data on poverty in 2011.  If you turned on the news, you might have missed the stories on this.  That’s because they weren’t there.  There was important and somber news from the Middle East, of course.  But still, nobody seemed interested in talking about this new data— not the two presidential campaigns, not Members of Congress returning to Washington from a six-week vacation (must be nice), and not the majority of the media.

Unpacking the data, the numbers are sobering.  Fifteen percent of Americans live in poverty, including a disgraceful twenty-two percent of children.  That’s more than 46 million people—human beings—who can’t make ends meet for themselves and their kids.   These numbers are far too high, and it’s simply tragic that every politician in this country—left and right—isn’t thinking about how to lower them.  We need to increase government funding to address homelessness and poverty, while better using existing funds and increasing the capacity of faith-based organizations.

But as we look at these numbers, it’s important to realize that, despite experts’ predictions, poverty stayed level between 2010 and 2011.  Why?  The simple explanation is that government works.  That may run contrary to the prevailing narrative, but it sure does seem to be true.  Unemployment insurance lifted over 2 million people out of poverty; another 21 million were assisted by Social Security; nearly 4 million were aided by SNAP benefits; and more than 5.5 million were helped through the Earned Income Tax Credit (EITC).  Take away those federal programs and poverty would look a lot worse.

We live in a time when the role of government is under heavy scrutiny.  The federal government is deeply in debt, and state and local governments have been forced to slash human services in order to balance their budgets.  Nobody wants to see government wasting money.  We at the Law Center were particularly shocked earlier this year when the General Services Administration (GSA) was caught splurging on lavish bonuses and debauchery-filled “conferences” in Las Vegas—all while they mismanaged a critical federal homeless program.  But as we debate the role of government, let’s be mindful that for millions of Americans, government offers a hand up in their time of need—and let’s make certain this hand remains extended to all who need it.

- Jeremy Rosen, Policy Director

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Voter ID Laws Seek to Prevent Fraud That Doesn’t Exist, Could Disenfranchise Millions

Posted on September 13, 2012
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As election season heats up, voter ID laws are in the news. This month’s issue of In Just Times raises important concerns about their impact on marginalized groups, and shows how this is part of a broader trend towards increasing inequality in our country.

As I explained in my recent Huffington Post piece, proponents of voter ID laws claim states are simply protecting the integrity of the ballot by preventing fraud — surely a worthy goal. They also note that state-issued IDs are free. But while the ID may be free, actually getting it is anything but.

In Wisconsin, for example, obtaining a state-issued photo ID requires: name and date of birth; identity; citizenship or other appropriate immigration status; and residency. You also need to present a social security card. As discussed in an article below, the Law Center has joined forces with the ACLU, ACLU of Wisconsin, and pro bono partner Dechert LLP to mount a federal court challenge to the law.

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New Report: 1.6 Million Homeless Youth Alone and At Risk on the Streets

Posted on September 6, 2012
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A new report released today by the Law Center and the National Network for Youth reveals a disturbing truth: 1.6 million youth experience homelessness without a parent or guardian each year, facing numerous barriers to meeting basic needs.

I’ve gotten used to calling the issues we work on “forgotten” or “unseen” crises.  That can sound a little trite, but I don’t know how else to describe the media’s failure to cover homelessness, or the lack of public outcry in the face of human suffering.  Here, again, I wonder: how can we be ignoring this?

The new report, Alone Without a Home, explains why these kids become homeless.  Common causes include severe family conflict, parental abuse or neglect, a parent’s mental health issues, and substance abuse.  Prior to leaving home, almost half of all unaccompanied youth report being beaten by a caretaker, while one out of four had caretakers request sexual activity.

It’s horrifying to think of any child being homeless—but to suffer through it alone?  And even worse, to have become homeless because your parents didn’t care for you?  I can’t imagine what that’s like.  While the presidential and Congressional candidates rattle off their plans to address debt, taxes, and Iran, these kids are struggling every day to meet their most basic needs.

Alone Without a Home reviews current laws affecting unaccompanied homeless youth in all 50 states and 6 U.S. territories.  Laws widely vary from state to state, and youth and community groups have a hard time clarifying their legal protections and eligibility for housing, health care, and education benefits.  Moreover, many unaccompanied youth don’t seek out help because they assume they’ll be turned away, or even fear being taken into state custody.

Alone Without a Home  recommends eliminating laws that criminally punish unaccompanied youth as “runaways” or “truants,” in favor of policies that divert them from court involvement.  It also calls on states to expand access to housing, health care, education, and other stabilizing services.  This includes allowing youth to contract for housing, receive medical treatment, and enroll in school without parental consent.

Laws are complicated.  Sometimes they’re written poorly, and sometimes they’re applied wrong.  What isn’t complicated is our responsibility as Americans to young people who need a helping hand.  This report explains the problem and even offers solutions, but words on a page don’t put kids in the classroom.  We have to take what we’ve learned and push our elected officials to address the unique needs of unaccompanied youth.

Te read the full report, click here.

- Andy Beres, Development & Communications Coordinator

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Americans’ Voting Rights are Under Attack

Posted on August 27, 2012
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Help the Law Center protect the right to vote!

Voting rights are under attack in a way not seen in decades.  Right now, 44 states have current or pending voter ID laws that will make it difficult -- or even impossible -- for many eligible voters to cast their ballots in 2012.  As many as 5 million voters could be disenfranchised.  Worse, the laws will have a disproportionate impact on specific communities: homeless, poor, elderly, and disabled persons; minorities; and students.

The new laws require voters to produce specific types of government-issued photo ID that many eligible citizens do not possess.  Proponents of the laws claim these measures crack down on widespread voter fraud, but there is no credible evidence that such fraud even exists.  In fact, one study found that a person is more likely to be struck by lightning than cheat the system.

Wisconsin and Pennsylvania are among the states to already enact voter ID laws.  A new study on the potential impact of Wisconsin's law on Milwaukee citizens shows that:

  • Eligible Latino voters are 206 percent more likely to lack accepted photo ID than eligible non-Hispanic white voters;
  • Eligible African-American voters are 182 percent more likely to lack accepted photo ID than eligible non-Hispanic white voters; and
  • Only 6 percent of registered white voters in Milwaukee County lack an accepted photo ID, compared to 15.3 percent of registered black voters and 11.3 percent of registered Hispanic voters.
The National Law Center on Homelessness & Poverty -- in partnership with the American Civil Liberties Union, ACLU of Wisconsin, and Dechert LLP -- has filed a federal lawsuit charging that the Wisconsin voter ID law is unconstitutional and will deprive citizens of their fundamental right to vote.  If successful, the Law Center will establish a federal legal precedent that could strike down or prevent passage of other voter ID laws across the country.

The suit is brought on behalf of eligible Wisconsin voters who the law may disenfranchise, including:

  • A 52 year-old homeless veteran whose only photo ID, a veteran ID issued by the VA, will not be accepted at the polls;
  • An 84 year-old woman who has voted in every election since 1948 and is a long-time member of her village board, but who lacks a valid birth certificate to obtain a state-issued ID; and
  • A 19 year-old African American man who cannot afford the fee to obtain a copy of his birth certificate, which he must produce to get a state-issued ID.

The Law Center's suit alleges that allowing only certain types of photo ID imposes a severe burden on the right to vote in violation of the Equal Protection Clause of the 14th Amendment.  It also alleges that the law violates the 24th and 14th amendments because it effectively imposes an unconstitutional poll tax.

"Protecting homeless persons' right to vote is crucial since voting is one of the few ways that homeless individuals can impact the political process and make their voices heard," Law Center Civil Rights Attorney Heather Johnson remarked in a press statement when the suit was filed.  "By limiting participation to Wisconsin residents with photo identification, this law effectively silences homeless persons' voices.  With homelessness rising by 12 percent in Wisconsin since the recession began, we cannot allow the state to set this dangerous and unconscionable precedent."

Carl Ellis, a homeless veteran, added: “If I can serve my country, I should be able to vote for who runs it.  These laws are undemocratic and un-American.”

In April, the Law Center amended the suit to include charges that Wisconsin's law illegally blocks minorities and veterans from the polls under the federal Voting Rights Act, signed into law by President Lyndon Johnson in 1967.  The Voting Rights Act bans the use of voting practices that have a disparate negative impact on racial and language minorities.

The Law Center is also working to ensure homeless and poor people know their rights, and training lawyers, advocates, and poll watchers to protect them on election day.  Knowledge is power, and a vote is a voice.

We're on the frontlines of this fight, but we need your help!  Voter ID laws are an unconscionable threat to the democratic process.  Will you help us make sure our voices are heard in 2012?

This isn't about who people vote for -- only our right to vote.  Help us preserve over 200 years of progress.  Because when liberty's taken from anyone, it's taken from us all.

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