Can shelters require you to take a drug test?

Privately operated shelters are generally allowed to limit their populations in ways that might surprise you: They can allow people of just one gender to stay there. They can exclude children. They can exclude drug users. If the shelter is committed to keeping out drug users, then it has to be fair and legitimate in figuring out who is using drugs. The most reliable way to be sure that the shelter does not have any drug users is to conduct scientific testing.

If a shelter is testing for drug use just to prevent drug crimes from happening then, depending on whether and how it is connected with the government, it may be violating the Constitution’s Fourth Amendment which requires that investigators (or drug testers) have both 1. probable cause to believe that a particular person has committed a certain crime and 2. a warrant issued by a judge in order to search for evidence connected with the crime. http://law.justia.com/constitution/us/amendment-04/07-probable-cause.html  To simply guess that a person coming into a homeless shelter might be drug user would not, without other proof, justify a drug test.

If the shelter is targeting certain individuals or groups for drug testing, then those individuals or groups may have a legal claim of discrimination.

Even if the shelter is testing everyone or else is doing random drug testing that doesn’t target individuals or groups, the drug tests might be seen as invasions of privacy. The ACLU takes a strong stand on this and has won court cases by proving that the entities testing for drug use did not have reasons that outweighed people’s right to have the chemical content of their urine kept private. http://www.aclu.org/criminal-law-reform/drug-testing Contact your local ACLU office if you want them to consider suing a shelter for its drug testing practices. http://www.aclu.org/affiliates

In most states, if there is any drug testing law at all, it is about when and how employers can test workers for drug use. You can peruse those state laws via Nolo Press at http://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter5-3.html Even though employers and shelters have separate specific reasons for conducting drug tests, the reasons are probably connected with safety in both settings. So, if you have to argue against a drug testing policy you might want to first see whether you have a state law and then compare the shelter’s policy with it to see if the policy looks like it complies with the law. If you don’t think it does, contact Project H.E.L.P. http://homelesslegalprotection.com/h-e-l-p-locations/ or the National Law Center on Homelessness and Poverty http://www.nlchp.org/contact_us.cfm or your local legal aid office. http://www.lsc.gov

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How can homeless advocates get laws to change?

There are several components to getting laws changed so that public services can better include homeless people and so that the government can better protect homeless people.

First, it is necessary to develop a very clear statement about how the law needs to change.
Examples:
If government services exclude homeless people because they lack an address or particular ID documents, maybe advocates should petition for exceptions to be added to those particular regulations .
If the crimes code doesn’t adequately deal with violent attackers who target the homeless, then perhaps the state’s hate crimes law can be modified to include crimes against the homeless as hate crimes.

The National Low Income Housing Coalition has an excellent online compilation of its Congressional testimony, letters to lawmakers, and authoritative commentary on proposed laws and regulations. http://nlihc.org/library/testimony/testimonies  Peruse these documents to see good examples of concise and persuasive ways to state your concerns.

Here are some samples of legislative issue lists from assorted homeless advocacy groups:
Vermont Coalition to End Homelessness
http://www.helpingtohouse.org/advocacy.php

Rhode Island Coalition for the Homeless
http://www.rihomeless.org/AboutHomelessness/Solutions/LegislationWeAreFightingFor/tabid/267/Default.aspx

Washington State Coalition for the Homeless
http://endhomelessnesswa.org/action/

Minnesota Coalition for the Homeless
http://www.mnhomelesscoalition.org/

Second, advocates need to identify and involve legislators whose committee work directly relates to the problem needing to be solved. 

A great example of this is the work done by Sapphire Jule King, Founder and President of the International Freedom Coalition who first declared that Rhode Island needed a Bill of Rights for Homeless People. http://strongfamiliesnow.org/blog/2010/11/26/bill-of-rights-for-the-homeless/  See also Ms. King’s analytical editorial about how that final Bill of Rights failed to include critical protections against abuses by shelters, despite all of the input from shelter abuse victims.  Along with John Joyce of the Rhode Island Homeless Advocacy Project and the Rhode Island Coalition for the Homeless, the International Freedom Coalition notified the state’s Human Rights Commission and Senator John Tassoni, Chair of the Rhode Island Senate’s Chair of Housing and Municipal Government, about a range of substandard government treatment of homeless people including the fact that they are often blocked from state government services because they lack street addresses to put on forms  and the ways they are harmed by homeless sweeps and other arbitrary government seizures of their possessions. They even got the senator to visit a homeless shelter.   http://www.strongfamiliesnow.org/documents/Homeless-Study-Working-Paper.pdf
http://strongfamiliesnow.org/bor/bill-of-rights-for-the-homeless/

Third, collect and share with legislators and the public reliable information to raise awareness about the issue.

The National Coalition for the Homeless does a masterful job of compiling facts about homeless life and has good experience at influencing legislation.  Read through some of their handbooks to see how to draft petitions, compose invitation letters to politicians, write a press release, draft a model law for the legislature to build-on, generate community support, etc…

Hate Crimes Manual— a packet of sample documents and instructions for getting your legislature to include attacks against homeless people in the hate crimes law.
http://www.nationalhomeless.org/publications/hatecrimes/hatecrimesmanual10.pdf

Fundamentals to Prevent Homelessness—a  packet of documents and instructions for getting political candidates to pledge that they will work to prevent and reduce homelessness.
http://www.nationalhomeless.org/publications/fivefundamentals/index.html

The National Association of Social Workers has a helpful Lobbying Handbook http://www.naswct.org/displaycommon.cfm?an=1&subarticlenbr=19 with practical instructions to help you through the steps of writing to legislators, organizing visits to the legislature, knowing how to testify, and other ways of making sure that your message gets through to lawmakers.

The National Conference of State Legislatures (NCSL), in its Human Services issue section http://www.ncsl.org/issues-research/human-services.aspx?tabs=858,50, provides information to legislators who are trying to develop new laws and amend old laws with provisions for people in poverty. The site specifically says that “NCSL staff can provide [for legislators] comprehensive, thorough, timely and in-depth information on critical human service policy issues.”  The same site also tells about and links to recent federal and state legislation on assorted poverty issues.

When is it legal to take stuff from the trash?

**** The information written here is not legal advice and the author of this blog is not your lawyer.  These posts merely contain ideas to help you plan and organize your legal research and identify potentially helpful sources of law. ****

 

Usually, property that is left for trash collection is considered to be abandoned.  It is perfectly legal to take abandoned property, but it isn’t always easy to tell if property is truly abandoned.  The picture here shows household furnishings alongside trash cans left on the strip of grass between the sidewalk and the street just hours before the garbage truck is due.  Obviously, those household furnishings have been left for trash collection.

 

But what if the chairs and desk were there without trash cans nearby or not on trash collection day?  In those circumstances, it wouldn’t be so clear that this property was being abandoned.  The owners might be planning to move it somewhere or to have friends come and get it.  A safe way to avoid legal problems is to ask the owner if you can take the stuff.

 

If the stuff was next to or even inside of trash containers and those trash containers, whether dumpsters or ordinary trash cans, were on private property, then the stuff might not have been abandoned.  The owner might still be thinking about taking it back into the house.

 

If the stuff wasn’t abandoned, then taking it away without the owner’s permission is the crime of theft.  If you go onto private property to look through a dumpster or trash can, you can be charged with trespassing.  When you go to do legal research about trash ownership and abandonment, you are not likely to find much relevant information in the category of theft.   However you can find relevant cases and law journal articles in Google Scholar if you search for the words “dumpster” and “trespassing” in the same search.  Reading those cases, you can get an idea of how courts analyze whether property was abandoned and whether looking in a dumpster was a trespass in that particular case.  Here is one example in which somebody went hunting for discarded documents in a dumpster at a Walt Disney facility.

 

Searching for “dumpster” and “abandoned property” in Google Scholar, you will mainly find cases and articles about police conducting searches and seizures by going through trash containers.  Even the police cannot look in or take non-abandoned trash without permission of the owner or a judge who has issued a search warrant.  Here is one case with a good clear explanation of the law of abandoned trash. Smith v. State 510 P.2d 793 (Supreme Ct. Alaska, 1973).  Here is the seminal Supreme Court case on the topic of police access to abandoned trash.  California v. Greenwood 486 U.S. 35 (1967).

How can a squatter get the actual title to the property?

The earlier post about squatter’s rights identifies the behavior that can give a squatter rights to property.  But the legal right to property is only complete when the title is transferred. Usually, a title is transferred when a seller conveys property to a buyer.

A squatter attempting to get title is not buying from the seller; he or she is trying to get property for which no seller seems to exist.  The process for obtaining the title without having the last owner sell it to the buyer is called an “action to quiet title.”  Generally, there are three big steps involved in quieting a title:

  1. Searching for anyone who has a claim to all or part of the property, even if the claim is just a right to use the property for some purpose and not to own it.  For example, there might be a neighbor who has an easement that allows him to drive his truck through the property every morning.  This search is a big expensive investigation.  Most state laws about quieting title will require claimants to prove that they have thoroughly hunted in public records (vital and property)  and placed multiple ads in various newspapers as ways of searching for the current property owner.
  2. Filing documents in the appropriate court.  In this step, you have to write and submit assorted documents according to all of the rules required in your jurisdiction.  You might be able to find a sample of someone else’s action to quiet title by contacting or going to the court clerk’s office and paying for copies of the documents in that case.  If the clerk’s office will not provide you with a full case file, they might at least give or direct you to a list of things that you have to include in your court filing.  You can also look for sample forms in Justia.   Here is an example from the Philadelphia, Pennsylvania section in Justia Forms: “Fraudulent Conveyance- Quiet Title Packet.”  If you cannot find online forms for your county, you will need to go to a law library and find a book of standard real estate forms.  Any form from a book must be re-designed to match the requirements in your county court’s document rules. Here are the quiet title instructions for Kansas.  Here are the Colorado quiet title instructions. Here is North Dakota’s quiet title law. Here is an example of a Complaint to Quiet Title in Florida. Here is an example of a Complaint to Quiet Title in California.
  3. Making your claim.  When you write the court documents in an action to quiet title, you will have to tell about and show the proof that you satisfied all of your state’s requirements for adverse possession and that you also satisfied your state and county requirements for taking action to quiet title.  This is a detailed descriptive writing project, not merely the simple work of completing a form.  If your documents are accepted by the court, you will be assigned a date to appear in court.  In court, you will have to answer questions that the judge asks you.   If the current property owner does not come to court that day, you might have to do an additional procedure asking the judge to give you a “default judgment.”  If the judge decides that you have satisfactorily proved your claim, he or she will give you a document to file with the deeds office.

Obituary For a Homeless Litigant

The Nov. 3, 2011 New York Times has an obituary for Yvonne McCain.  She was a homeless mother who, in 1983 sued the City of New York for failing to provide her small family with habitable emergency shelter.  Here is one of  the court decisions, the one that best summarizes a series of smaller parts in this very complex situation and which states definitively that families have to be provided with shelter.  This decision was rendered in 1987, but the full case didn’t conlude until 2008.  http://scholar.google.com/scholar_case?case=3375906449026576910&q=mccain+koch&hl=en&as_sdt=2,39  Because Yvonne McCain had the courage to use the legal system, families in New York have been able to expect decent transitional housing for nearly a quarter of a century. 

 

How can a homeless person living in a car or van get auto insurance without having an address?

**** The information written here is not legal advice and the author of this blog is not your lawyer.  These posts merely contain ideas to help you plan and organize your legal research and identify potentially helpful sources of law. ****
 
State auto insurance laws do require you to carry some sort of coverage on your automobile and you generally do have to prove that you are eligible to be insured in that state by providing the insurance company with documentation of your living in and, if applicable, owning a vehicle in that state. In other words, insurance companies expect that the address you list on your policy application will match the address on your automobile registration and driver’s license, both of which require you to notify state authorities when you change addresses. Also, because the insurance company has legal status as your agent in matters connected with that policy it does need to know where and how to contact you.
 
To obtain a driver’s license you have to show that you truly are the person you claim to be. The federal REAL ID Act requires states to cross check other identification sources when issuing driver’s licenses. The Department of Homeland Security summarizes the Act at http://www.dhs.gov/real-id-public-faqs and links to the official documents at http://www.dhs.gov/secure-drivers-license-documentation.  Each state has the flexibility to design its drivers license identification law in ways that accommodate the homeless and long distance truck drivers and others who do not reside in a fixed location. Some states, for example, accept ID verification letters from homeless service providers. 
 
The most efficient way to find your state’s current identification rule is to contact the Department of Motor Vehicles. http://www.dmv-department-of-motor-vehicles.com/  though you might find it from the National Conference of State Legislatures’ list.  http://www.ncsl.org/default.aspx?tabid=13574  You should be able to use e-mail to contact your DMV and simply ask what documentation they want you to bring. If you can’t get satisfaction from the DMV, get in touch with your local homeless service provider and ask that agency to help you get an address exception to obtain a driver’s license. http://www.nationalhomeless.org/directories/index.html
 
If your state driver’s license ID law does not yet have a way for you to obtain a license (and, secondarily, insurance), you can contact your state legislature and petition to have the law amended. The National Conference of State Legislatures has lots of REAL ID material for state legislators to read http://www.ncsl.org/Default.aspx?TabID=756&tabs=951,72,110#110  because state lawmakers have been developing these new identification laws for a couple of years.
Related sources:
The Insurance Information Institute has several helpful fact sheets about state financial responsibility laws. http://www.iii.org/insurance-topics/auto-insurance.  You can find an individual state’s auto insurance laws through its insurance commission. http://www.naic.org/state_web_map.htm
See my post about mail forwarding services to find companies that will register your vehicle for you.
 
 
 

 

Is it illegal to take food from dumpsters?

**** The information written here is not legal advice and the author of this blog is not your lawyer.  These posts merely contain ideas to help you plan and organize your legal research and identify potentially helpful sources of law. ****

Sometimes because of local ordinances against providing food to the homeless, such as laws requiring costly permits to conduct group meals, hungry people seek out food that has been thrown away.  

If property, including leftover food, has been abandoned, then it no longer belongs to the previous owner and taking it is not stealing.  In most cases, generally when trash is outside and expected to be picked up by the trash collectors, the courts have considered the trash to be abandoned property. 

These abandonment cases were not about hungry people taking food.  These cases were about police officers who, in gathering potential evidence from garbage cans, were accused of conducting illegal searches.  See California v. Greenwood at http://supreme.justia.com/us/486/35/case.html and State v. Beltz 160 P.3d 154 (Alaska Ct. of Appeals June, 2008) and Young v. State 72 P.3d 1250 (Alaska Ct. of Appeals July, 2003).

When the trash is stored indoors or in a secluded area, it is often not considered abandoned.

Business-owned dumpsters, located on a business’s own private property and not shared by multiple businesses might not contain abandoned property.  Dumpster companies provide lockable lids, so businesses can lock their dumpsters and keep their trash inaccessible can lock their dumpsters.  Many businesses lock their dumpsters to prevent thieves from stealing account numbers and other private information.

If you think of locking the dumpster as a safety precaution that businesses can take to avoid problems when it is likely that thieves will go through the trash, you might also think that restaurants should take safety precautions when they know that hungry people take food from their dumpsters. Maybe the law should require that non-perishable food be bagged separately or that food be packaged against bacteria and labeled with the date.  To research this kind of idea, look for court cases about “premises liability.”  The most efficient way to find court cases is to go through a printed case index or an electronic database.  Google Scholar and Justia.com both reproduce lots of case decisions for free online. Look for print sources and other databases at your county law library.  See also the list of self-help legal research guides available from the State, Court, and County Law Libraries section of the American Association of Law Libraries. On the topic of food safety, know that there is a federal law called the Bill Emerson Good Samaritan Food Donation Act that authorizes restaurants, caterers, stores, individuals, churches, etc… to donate “apparently wholesome food or an apparently fit grocery product” to non-profit organizations that will distribute it to needy people without being liable for problems that might be inherent in that food.

When trash is not considered “abandoned” and it is still considered the private property of the trash can or dumpster owner then, obviously, taking all or part of that private property is theft.  In some municipalities and states, there are specific theft laws punishing dumpster diving.  Even if those laws don’t exist in a particular place, generic theft laws can be used against people who take someone else’s property whether it was in the house, in the yard, in his hands, in a trash container or anywhere else.
Look for city and state laws at http://law.justia.com/.

There is a whole article about trash ownership and abandonment in  62 ALR 5th 1 (volume 62 of American Law Reports page 1) which is available at most county and university law libraries.  The article is titled “Searches and Seizures: Reasonable Expectation of Privacy in Contents of Garbage or Trash Receptacle” and the author is Kimberly Winbush.