National Legal and Policy Center -- Legal Services Accountability Project
 
LSAP REPORT
 
Issue # 86 -- August 16, 1999


Texas Suffers Legal Services Abuses
 
Legal services groups in Texas that receive federal funding from the Legal Services Corporation (LSC) are supposed to use that funding to meet the everyday legal needs of the poor.  Too often, however, this funding is instead used to pursue questionable litigation and other activities that appear to be motivated primarily by left-wing political activism.
 

Legal Services Involved In Controversial Dallas Environmental Lawsuit

In 1998, Legal Services of North Texas (LSNT) represented a Dallas group that successfully sued to overturn an environmental permit granted to a local company.  As a result of the lawsuit, environmental groups will likely find it much easier to stall environmental permit applications in Texas by requesting formal hearings that will cost both the affected companies and state taxpayers a great deal of money while making it more difficult for companies to do business in Texas.  In winning the lawsuit, LSNT convinced a Texas appeals court to overrule the Texas Natural Resource Conservation Commission’s denial of a formal hearing in a case involving a company seeking a permit to recycle commercial waste into industrial fuel.  By requiring a formal hearing on the permit, opponents will find it easier to tie up the application in red tape because “formal hearings” usually involve the presentation of evidence in a manner similar to courtroom proceedings that is extremely costly in time and money even if the final decision ends up being the same.  Apart from the impact that the decision will have on Texas businesses, it is disturbing that LSNT has apparently chosen to become an environmentalist law firm rather than trying to meet the everyday legal needs of the poor in the Dallas area.
 
See Randy Lee Loftis, “Environmental Group Favored in Court Ruling,” Dallas Morning News, September 9, 1998
 

Legal Aid Prevents Laredo From Keeping Loiterers Out Of Historic Plaza

Texas Rural Legal Aid (TRLA), funded by federal taxpayer dollars, represented a group of day laborers who sued the City of Laredo in federal court claiming that the city violated their constitutional rights by refusing to allow them to gather on the historic San Agustin Plaza to seek employment.  TRLA successfully convinced the federal judge hearing the case that the laborers’ rights were violated.  The city had sought to require people soliciting work on the plaza to receive permission from the City Council beforehand.  But this permit requirement was held unconstitutional.  Having made the plaza “safe” for large groups of loiterering laborers, TRLA handed out leaflets explaining the decision:  “Nobody can arrest you.  Nobody can bother you -- not even the city [sic] of Laredo.”  It does not appear that TRLA has passed out any leaflets yet explaining the adverse impact that this decision will undoubtedly have on other users of the public plaza, however.
 
See “Laborers Win Court Ruling,” Houston Chronicle, February 12, 1999
 

Legal Services Files Suit On Behalf of Disgrunted Ex-County Auditor

In a bizarre and protracted case, Texas Rural Legal Aid (TRLA) sued the Refugio County government, as well as several current and former county judges on behalf of a county auditor who was not reappointed due to concerns over the quality of his work and possible political bias.  The auditor, Ernest Guerrero, filed suit in state court in 1994 alleging that the failure to reappoint him was based on illegal age and national origin as discrimination, as well as “political” discrimination in violation of federal law.  In a series of decisions, the state trial and appellate courts overruled his various allegations in several stages and ultimately found in 1998 that his case was completely without merit.  The involvement of legal aid in this case is highly questionable, given that it seems unlikely that a longtime county auditor, such as Mr. Guerrero, would have a low enough level of income and assets to qualify for legal aid assistance.  As a result, it is conceivable that the local politics at the heart of this dispute made TRLA, noted for political-based lawyering, want to get involved.
 
See Lewis v. Guerrero, 978 S.W. 2d 689 (Tex. App. 13th Dist. 1998)
 

Legal Aid Attempts To Thwart San Antonio Public Housing Reform

Bexar County Legal Aid (BCLA), which receives taxpayer money from the Legal Services Corporation, filed suit against the San Antonio Housing Authority (SAHA) attempting to stop the demolition of the Victoria Courts public-housing complex to make way for a mixed-income housing development on the site.  Such mixed-income developments have been built across the country in an attempt to provide safer, more stable neighborhoods for the poor.  In June 1999, at the time the suit was filed, over half of the residents of Victoria Courts had already been moved out to other housing and the other half were scheduled to be out by August.  But BCLA filed suit anyway, alleging that the planned demolition violated federal law because SAHA “failed to work with” Victoria Courts tenants in the redevelopment process.  The federal judge hearing the case declined to issue an injunction against the demolition, for the logical reasons that no demolition had yet been scheduled and that BCLA’s clients in the suit had not even received eviction notices yet.  Unfortunately for SAHA, it is still possible for BCLA to resume the lawsuit once these two conditions change.  It is disturbing to see legal aid trying to derail an innovative program designed to better the lives of the very poor that legal services claims to represent.
 
See Maro Robbins, “Bid To Halt Victoria Courts Razing Fails,” San Antonio Express-News, June 11, 1999


Email NLPC

LSAP Report Issue Index

Legal Services Accountability Project

NLPC Home Page