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.

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.

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.
 
 
 

 

When can the animal control authorities take away your pets?

**** 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. ****

Municipal ordinances (source 1source 2) regulate pet licensing as well as pets’ outdoor behavior. In most places, the local animal control authority, a.k.a. “the dogcatcher”, will take away a pet only when it has been found unattended and unleashed walking around on the loose or because it has injured people or other animals. But they can also take pets away if they believe those pets are victims of cruelty or neglect. Keeping pets outside in extreme weather and feeding pets out of garbage cans might both be considered cruel or neglectful treatment.

If you truly are the owner of an animal, as evidenced by a license, you have a constitutional due process right to be informed of where your animal is being held and what you have to do to get that pet released.[i]  Ordinarily, cities have ordinances or animal control authorities have internal rules that dictate how that information is to be conveyed to pet owners. To make a successful due process claim, you have to prove that either the process delineated in the rules or ordinances wasn’t followed or else that the lack of such rules or ordinances denies you due process.

The most common way of tracing an animal’s owner is by using the contact information on the animal’s tag. If the pet owner became homeless after that tag was issued and the contact information no longer leads the shelter or animal control office to the right person, there is not always a second way of trying to track the owner down. Similarly, if the animal does not have identification, like a collar tag or microchip, etc… showing how to contact its owners, the animal control authority generally does not have a legal obligation to try to track down an owner; the resources necessary to reach out into the community trying to find out whether anyone is missing that animal just make it too expensive a practice for the law to make it mandatory.

Although the law does not specifically say so, common sense says that if the tag information is no longer correct or it is possible that the animal’s tag came off or someone in animal control doesn’t do a job right, pet owners have to take responsibility for contacting the local animal shelters when a pet is missing. If you don’t find the pet on your own, you might never get it back; the shelter could let someone adopt your pet or, worse, they might destroy it.

Violating some pet behavior laws will result in fines rather than confiscation of the pet. Failure to clean up after a pet or walking it without a leash or not preventing it from incessantly making noise are likely to result in a fine as penalty. Most of the time, pet owners are notified of these legal violations by getting a ticket, like a traffic ticket, in the mail. But, police officers can simply hand that ticket to someone who does not have a known mailing address. Even if you get a ticket (a.k.a. citation) that does not fully identify you by name and address and even if you cannot pay the fine, you still need to communicate with the animal control authority and possibly your local court, depending on how the pet ordinances are enforced in your town.

If you have not found a way to correct the lack of a leash or loud dog or other problem before going to court, it is appropriate to ask the court for help in obtaining a leash or other equipment that might be too expensive for you and which will put your pet in compliance with the law; sometimes animal courts have relationships with charitable organizations that can help with those sorts of matters. If the court is not able to intervene and help you equip for legal compliance, then ask them for the names of agencies that might help and, at the same time, ask if the court will consider dismissing the ticket against you if you return to court in a week or two with the leash or muzzle or pooper scooper that will prevent the offense from occurring again.


[i] Com. v. Gonzales, 588 A2d. 528, 535; 403 Pa. Super 157, 169 (Pa. Super. 1991); Clark v. Draper, 168 F.3d 1185, 1189-90 (Cir. 10, 1999).

If you don’t own or rent a place in which to store your possessions, but store them in somebody else’s home, do the homeowners have the right to move or use your things? Do they have the right to throw them away if you are gone for any particular period of time?

**** 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. ****

There are two areas of law to look at in answering these questions: contracts and torts.  A contracts analysis would consider whether the homeowner had agreed to take care of your things or at least store them for a particular amount of time and whether you had any obligations in return. Torts is the area of law that is known more casually as “personal injury.”  A torts analysis would look at the act of “conversion” which means taking unauthorized control over someone else’s possession.  A milder tort claim that might apply but would be harder to prove is “trespass against chattels” which is a claim against someone for unauthorized use of possessions.[i] Both a contract claim and a tort claim would be made in civil court, probably small claims court depending on the monetary damage that has been suffered.

In the contract dispute, the person whose possessions were taken or discarded seeks to show that the homeowner stopped protecting or storing the possessions. In other words, the terms of the storage bargain were violated. (A contract claim would probably apply to a situation involving the homeowner’s use of the stored possessions only if he used them so much that they wore out; only in that extreme kind of situation would it be likely to say that using the stuff breached an agreement to store and care for it.)

Since contract law comes from past cases, rather than statutes, the facts of each dispute are compared to previous cases with similar facts. Those facts have to be backed with good proof. If the possessions were in a church locker because that church had a policy that poor people could store things there for up to thirty days, then the court claim would have to include a copy of that written policy or admissions from church officials about the existence of the policy.[ii]

If the possessions were suddenly gone from a friend’s basement, the claim would have to demonstrate where and for how long the friend agreed to keep the stuff. Relatives of the homeowner might serve as witnesses to the agreement. Perhaps the homeless person can convince the court that he had another place where he would have moved his things had he not relied on this friend to keep them.

Clearly, there will be different facts involved with each situation, but the person trying to prove that an agreement existed always has to show as much detail as possible about the content of the agreement and the way both of the parties to the agreement knew those terms. Then, conveying that the terms were not followed will convince a court that the contract was breached.

To make the conversion claim, it is necessary to prove that even though the homeless owner of the possessions put them in the custody of the homeowner:
1. the homeowner took control over the stuff and
2. the homeless owner of the stuff could not get it back after asking for it or was not even able to ask for it.

Under the common law, and still in many states, the court claim to sue someone who has converted someone else’s possessions to his own is called “trover.” In filing that kind of lawsuit, it is proper to say something like, “the plaintiff is suing the defendant in trover to recover money damages for the television that plaintiff stored in defendant’s house and which defendant converted to his own possession by installing it in his den and subsequently refusing to return it to the plaintiff.” Although this example, which was only intended to show how the words “trover” and “conversion” relate to each other, makes a claim for money damages, that is not the only remedy for conversion. It is also proper to sue for return of the possessions, especially if they have sentimental value.

Note that a conversion claim is not only used when someone appropriates another person’s stuff. It is also correct to make a claim for conversion if someone storing things threw them away or gave them to someone else or otherwise made them unavailable to the owner.[iii]

See the Homeless Law Blog posts about court for information about bringing a contracts and/or torts case in civil court.


[i] It has been said that both of these tort claims are really the same when somebody takes and carries away another person’s possession. Wint. V. Alabama Eye and Tissue Bank, 675 So. 2d 383 (Ala. 1996).

[ii] This example is used to demonstrate that even though the word “homeowner” is generally being used in this section, the legal reasoning applies to any private favor-type of arrangement that is not as formal as having a fee-based storage deal.

[iii] To find cases involving conversions in the state where you live, look in a West case digest or a legal encyclopedia published by West using the topic “trover and conversion.” The digests and encyclopedias will show dozens of ways that people take control over other people’s things. They will also have lots of real-life examples of how people tried to get their stuff back or tried to prevent the person who was only supposed to store it from using it.

What legal rights do users of public bathing facilities have?

**** 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. ****

Aside from the already mentioned health regulations stating that where there are toilets there must be sinks and where there are sinks there must be soap, the legal rights connected to using public bathing facilities depend, as always, on whether the place is run by the government or a private entity. The particular activities that people may undertake in the facility depend on the staffing, physical plant, and monetary resources of the place and are not a matter of law. They do not have to allow shaving or nail cutting or tooth-brushing, for example. They might only have showers, not bathtubs. They might only allow people to bathe individually to prevent people from having sexual encounters there. Law is about the way people and government behave toward each other and how society operates, it rarely ever declares that people are entitled to do any particular activity in a certain place.

Sometimes there are bathing facilities at churches, shelters, nonprofit community centers and other privately operated places that are funded by donations from individuals and businesses. These privately operated facilities are obligated to function according to the direction of their own boards and their funding sources. This means that private facilities can have their own rules and limitations about the circumstances under which they allow people to wash there or obtain hygiene supplies. It also means that they can be unfair in providing their services: allowing some people to have more time than others, excluding some people, not providing notice of rule changes, etc…

If a private agency or organization gets government funding toward a particular service, like establishing bathing facilities, there may be regulatory legal obligations connected with using that funding. The whole facility is probably not subject to those obligations,[i] only the component providing the government-funded service. To find out abut those obligations, which will probably be about the way the service is provided and the conditions of the facility, it is necessary to find out which government agency (i.e., state department of health or county department of welfare or city special grant bureau, etc…) gives that funding and then contact that government agency to obtain a copy of the regulations and instructions for interacting with them if you believe their regulations have not been followed.[ii]

Sometimes, municipalities or counties install public showers and other washing facilities as part of food banks, health clinics, community centers and other social service agencies that those government entities operate. Those kinds of facilities are considered government property because their buildings and their operations are paid for out of the ordinary tax base either through the regular budget stream or specially-dedicated government funds like limited term grants. Public users are entitled to civil rights protections when accessing these government operated facilities. The civil rights protections include things like equal access, freedom from religious impositions (i.e., they can’t force you to say a prayer or participate in religious counseling in order to obtain the service), free speech, freedom from being searched unless the search is a routine security process used for everyone, privacy…   (Read more about civil rights on Findlaw.)

All of the rights enumerated in the last paragraph are simply listed as general civil rights principles. Civil rights principles arise from the ways court cases interperet amendments to the U.S. Constitution.  So, civil rights is an area of law in which there is often not a clear rule for everyone to follow.  Rather, it is a constant analysis of comparisons:

1. weighing the government’s purpose along with its rule and

2. determining whether the rule, as applied in the situation being questioned, is structured just to serve that government interest. If it limits people unfairly by going beyond the scope of the government interest, it violates civil rights.

A helpful resource for learning about civil rights is Justia’s Annotated U.S. Constitution.  Read the sections about the Amendments to the Constitution to find easy explanations of how courts have interpreted those amendments.  Note that the list of amendments tells what subjects are covered in each amendment (due process, free speech, etc…)  Click on the hyperlinked name of any case on that site and you’ll get to the Supreme Court’s full decision.

Here are two examples demonstrating how civil rights can be outweighed by significant government interests:

  •  If a member of the public, who routinely carries a weapon, comes to the public washing facility, the facility can probably justify locking the weapon away while the visitor is on the premises because the facility has an obligation to prevent harm to its staff and users.
  • People are supposed to have the right to free speech in a public place. However, if someone comes into a washing facility and makes threatening comments to other people bathing there, the facility (i.e., the government) may be at risk of losing the victims of those comments. If the whole purpose of the washing facility is to give people a place to get clean and try to avoid disease, but people were too scared to go there, then it wouldn’t be an effective washing facility anymore unless the place refused to allow threats.

[i] The whole facility can be required to make changes in order to comply with legal requirements and accommodate the government funded part. For example, the building might have to install new doors, or fire safety devices, or a stair railing, or make other kinds of modifications to the building entrance or the building’s systems in order to make the government funded bathing service properly safe and available to public users.

[2] State agencies, such as health departments, publish their regulations in administrative codes.  All of the states’ administrative codes are available on the Internet from the National Association of Secretaries of State at http://www.administrativerules.org/.