Public interest conversations: now more than ever

As the election results sink in, it seems important to reaffirm the commitment of the Sheller Center – and many other projects and programs at the Law School – to social justice and to the practice of public-interest law.  We’re grateful for the extraordinary energy that Temple students and faculty bring to the task of making life better for the most disadvantaged people in our communities. And we continue to believe that by offering legal support to organizing efforts, collaborating with non-profit and governmental partners when that’s possible, and representing people in administrative and court proceedings, we can make a difference.

We believe, too, that part of our work is to support each other.  A few weeks ago, the Center started a series of “Public Interest Conversations” aimed at helping students navigate the sometimes-confusing array of public-interest opportunities that the Law School offers – courses, clinics, connections to external organizations, fellowships, career planning, and more.  Providing a venue for these conversations, both organized and informal, was important before the election, and seems even more so now. We look forward to continuing to be there for students and faculty who are seeking to make America a more just society.

Real money: news from the Sheller Center/Ceiba tax clinic

Some numbers came in recently from the VITA (Volunteer Income Tax Assistance) clinic held at the Sheller Center earlier this year.  Over the period from February to April, law student volunteers helped neighborhood residents prepare 231 tax returns, resulting in federal and state refunds totaling $264,259, plus $69,300 in saved tax preparation fees. Thus, the clinic provided $333,559 in benefits to low- to moderate-income people in our community.

The VITA clinic, which we expect to operate again in 2017, is organized by Ceiba, a North Philadelphia community organization, and staffed in part by students trained by tax professor Alice Abreu. We’re pleased to be able to provide space and help to this terrific project.

Sheller Center Students File Urgent Appeal with the UN

jack-at-city-hall-press-conferenceFifty-nine organizations, including the Sheller Center for Social Justice, filed an Urgent Appeal with the UN Working Group on Arbitrary Detention about the detention of immigrant families in Berks County. Law students with the Social Justice Lawyering Clinic, John Farrell, Anthony Sierzega, Mariya Tsalkovich, worked with Juntos, a local grassroots advocacy organization to draft the appeal. Anthony Sierzega explains, “sending an Urgent Action Appeal to the UN Working Group is an opportunity to demand justice for migrant families seeking safety and opportunity in the United States and to draw international attention to the disturbing human right abuses that our country continues to endorse.” See the Philadelphia Inquirer and WHYY Newsworks stories that feature Temple law students arguing that families have been arbitrarily detained by the U.S. in violation of international law.

Next steps on Traffic Court issues affecting returning citizens

This fall, Justice Lab students are continuing to work with their client, Philadelphia Lawyers for Social Equity (PLSE), on problems identified in our report, Proposed Solutions for Improving the Experience of Returning Citizens with the Philadelphia Traffic Division.  That report showed that traffic fines and license suspensions dating from before an individual’s incarceration can present a major barrier to employability years later.

Students are surveying Philadelphians at expungement clinics and other community events in order to gather more data about the experiences of returning citizens with traffic issues.  The students are also developing a pilot legal services program through which PLSE will offer direct help to returning citizens, with the hope that the program will eventually be implemented around Pennsylvania.

Gabrielle Green L’18, a Justice Lab student, had this to say after attending a community event:  “I think the biggest learning moment today was meeting people where they are.  One of our client’s missions is for the past to not affect an individual’s future in regard to their employment potential, and it is good to hear about some of the barriers, and the hopeful solutions.  It made me understand that although we may be small in number, we can still have a big impact in making change happen.”

Department of Justice cites Sheller Center language access study

A newly released report by the U.S. Department of Justice (DOJ), Language Access in State Courts, cites Barriers to Justice for Non-English Speakers in the Pennsylvania Courts, a Sheller Center study.  In that study, Social Justice Lawyering Clinic students presented the results of their research on Pennsylvania’s Magisterial District Justice courts (the lowest level in the Pennsylvania court system). The research showed that these courts often operated in violation of civil rights laws mandating language services for people whose native language is not English.

DOJ’s report cites some of the problems uncovered by the Center’s study, including “instructing LEP [Limited English Proficient] individuals to wait in the court lobby until another person who speaks their language comes in, or [expecting] the LEP person to come to the courthouse with an English-speaking friend or family member.”  DOJ states that “the challenge of providing meaningful language access in state courts demands that we continue to modernize, innovate, and keep pace with the evolving demographics of our country.”

With the development of a statewide language access plan in Pennsylvania, the hope is that the courts will implement uniform policies and practices that improve access to justice for non-English-speaking individuals.

Affordable housing and racial justice

The redevelopment of Philadelphia neighborhoods is putting pressure on the city’s supply of public housing – and on Philadelphia’s poorest residents, who are disproportionately persons of color.  What can be done to ensure that their housing needs are fairly addressed?

With this problem in mind, Justice Lab students are continuing to work this fall with their client, Community Legal Services’ Housing Unit.  While an advanced student continues to work on advocacy related to HUD’s new Rental Assistance Demonstration (RAD) program (see our Philadelphia Rental Assistance Demonstration Program Advocacy Guide, issued last spring), other Justice Lab students are helping CLS develop a long-term strategy to address racial justice in affordable housing in Philadelphia.

Students are collecting and analyzing data about public housing properties, Section 8 contracts, demographics, income levels, gentrification trends, and other factors to identify ways to preserve affordable housing.  This innovative work will allow the students and CLS to develop proactive strategies to preserve equitable, affordable housing in Philadelphia, before tenants are at risk of losing their homes.

“Live Stop” fines and fees: over $100 million to the Philadelphia Parking Authority

Katelyn Mays, a 3L, worked on Philadelphia’s troublesome Live Stop policy as a student in the Center’s Social Justice Lawyering Clinic. Last May, the Center issued a report discussing the impact this law has on Philadelphia drivers, particularly undocumented individuals who cannot legally obtain a driver’s license in Pennsylvania.

Live Stop is a Philadelphia policy that instructs the Police Department to tow and impound a driver’s car if they are found to be driving without a valid license or registration. The driver must pay towing and storage fees to the Philadelphia Parking Authority, as well as any unpaid parking tickets, in order to get their car back. As Katelyn points out, “these fees can be financially crippling for Philadelphia families.”

Katelyn and her clinic partner filed a Right to Know Request with the Parking Authority to see just how much the city was collecting through the program. They found that, since 2003, Philadelphia drivers have paid a total of approximately $75 million to the Parking Authority to retrieve their cars. Katelyn notes that many drivers are unable to afford these fees, and that the Authority then auctions off their unclaimed cars. Since 2002, the PPA has sold around 125,000 cars, producing an additional $65 million.

Supporting returning citizens in Montgomery County

Students in Justice Lab are representing three organizational clients this semester.  One client, the Montgomery County Public Defender Office, has asked Justice Lab to develop strategies to incorporate reentry into the Office’s holistic approach to criminal defense.

Students are focusing on early interventions, including at the pre-trial phase, for individuals charged with crimes.  A few weeks into the semester, students are connecting with critical stakeholders, including lawyers and other service providers inside and outside the Office to fully understand the impact of incarceration on Montgomery County residents.

Amanda Cappelletti L’17 is one of the Justice Lab student attorneys.  After attending a community meeting with her client, she reflects: “So much of what I heard about the toll incarceration and arrests are taking on the individual and the community was unfair and it made me sad and angry.  There was a lot of talk about the injustices often faced by people in their community.  But at the same time, I think I also felt some hope.  I was sitting with a group of people, who for no other reason than selflessness, wanted to find some way.”

Challenging family detention from an international human rights perspective

Family detention is a pressing issue because of the psychological harm created by detaining children. One of the three family detention facilities in the U.S. is located in Berks County, Pennsylvania.

The Social Justice Lawyering Clinic has worked with Juntos, a member of the Shut Down Berks Coalition, to try and get families released. The Coalition’s work has focused on getting Pennsylvania to revoke the state license for the facility, which was accomplished in January.

However, Berks appealed the loss of its license, and the facility remains open pending the appeal.  And even if Berks is eventually shut down, the federal government is continuing to look for ways to open new facilities in other jurisdictions.

Now, Juntos seeks to broaden the conversation about family detention by showing that it violates international human rights norms. On September 17, the U.S. Human Rights Network convened a Human Rights Tribunal in Philadelphia, providing an opportunity for people directly impacted by human rights violations to testify before a group of jurists comprised of U.N. officials and a member of the Philadelphia City Council. We helped to frame the issues in terms of international human rights law.

Jack Farrell, a third-year law student, states: “Families and children are held arbitrarily, in violation of their due process rights and under prison-like conditions that fail to meet international human rights standards. Closing Berks is imperative for the sake of American domestic policy and human dignity.” For the tribunal, Jack, along with his partners, created a new fact-sheet summarizing the human rights violations at Berks.

Philly’s problematic “Live Stop” policy

When a Philadelphia motorist is found to be driving without a valid license or registration, the Police Department tows and impounds the car.  The driver must pay — sometimes upwards of $1,000 — to get the car back, in addition to any fines resulting from the violation.

State law does not actually require towing in most of these situations. But the City’s “Live Stop” policy calls for it anyway, mostly ignoring other options. According to Karen Hoffmann and Katelyn Mays, students in the Social Justice Lawyering Clinic who recently wrote a report on Live Stop, “Philadelphia seems to be one of the only cities in the nation with such an aggressive [towing and impoundment] policy.” (Some exceptions were created in response to a 2011 lawsuit filed by Stephen Sheller, who helped to create the Sheller Center for Social Justice.)

Among those harmed by the policy are undocumented immigrants, since – in a double whammy – state law makes them ineligible for drivers’ licenses (a problem discussed in another Sheller Center report). Thus, when an undocumented driver is stopped for even a minor violation, a license violation is also found and the car is towed. As Ms. Hoffmann notes, many of these drivers have valid registrations and insurance: “These are people who are trying to do the right thing, and the law is getting in their way.”

More generally, Live Stop imposes needless financial hardship on people who are struggling to get by.  As the report puts it, “Philadelphia should not have a policy that unnecessarily impoverishes city residents.” According to Ms. Hoffmann, moreover, the City seems unclear about how the policy was created or why it exists. “I learned how obscure city policies can be,” she says, “and how hard it can be to get to the root of where they came from.”

In researching the policy, the team worked closely with the New Sanctuary Movement, many of whose members have been affected by Live Stop. The experience, according to Ms. Hoffman, was “valuable, sometimes frustrating, definitely eye-opening.”  Read the full report here, in English or Spanish.