A federal judge Friday declined to dismiss the ACLU Foundation of Southern California's lawsuit against the U.S. Department of Veterans Affairs over the agency's alleged failure to provide housing and services for thousands of mentally impaired veterans.
The ACLU sued the VA in June, saying the agency had misused large portions of its campus on L.A.'s Westside, and had failed to provide adequate housing and treatment for homeless veterans. The ACLU decried "enhanced sharing" agreements that have allowed entities not related to veteran care to use much of the sprawling campus at Wilshire and San Vicente boulevards.
Enterprise Rent-a-Car, the UCLA baseball team and the private Brentwood School are among entities that lease portions of the campus even as thousands of veterans occupy streets and alleys, the ACLU said.
The VA sought to have the case dismissed.
In his order, U.S. District Judge S. James Otero in Los Angeles said the case should proceed. He said Congress through its laws has made it "crystal clear that Congress' intention was to ensure that the [VA's] land was used primarily to benefit veterans."
Mark Rosenbaum, chief counsel of the ACLU Foundation of Southern California, hailed the ruling as "the first time in the nation's history that a federal court has held the VA responsible for assuring that severely mentally disabled veterans have access to housing and services ... they require to heal the wounds of war."
The VA did not return calls seeking comment.
http://latimesblogs.latimes.com/lanow/2012/03/aclu-case-against-va-over-...

Date

Friday, March 16, 2012 - 9:13pm

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District Court Ruling
Today, the U.S. District Court for the Central District of California ruled in a 41- page decision that the Department of Veterans Affairs has an enforceable legal obligation to ensure that homeless individuals with severe mental disabilities can meaningfully access mental health and other services. In addition, the court ruled that Congress has made “crystal clear that [its] intention was to ensure that the [West Los Angeles VA Campus] was used primarily to benefit veterans.” The order by Judge James Otero denies most of the government’s motion to dismiss a lawsuit brought on behalf of eleven homeless L.A.-area veterans by the ACLU of Southern California; the Inner City Law Center; Munger, Tolles & Olson LLP; Arnold & Porter LLP; and Professors Laurence Tribe of Harvard Law School and Gary Blasi of UCLA Law School.
“Judge Otero’s ruling denying the VA’s motion to dismiss marks the first time in the nation’s history that a federal court has held the VA responsible for assuring that severely mentally disabled veterans have access to housing and services that they can access the psychiatric and medical services they require to heal the wounds of war,” said Mark Rosenbaum, Chief Counsel for the ACLU/SC.
“The decision means that the VA campus in Los Angeles must be restored to its intended purpose to serve veterans, not house UCLA and private school baseball diamonds, dog parks and rental car lots. This is Veterans Day 2012, a decision that recognizes that we must come to the service of our veterans in their time of need, as they did in ours. Now we have reason to believe that the phrase ‘homeless veteran’ will become an American oxymoron.”
“This decision gives thousands of L.A.’s neediest vets the right to a fair and prompt trial to obtain the supportive housing they so desperately need,” said Ron Olson, of Munger, Tolles & Olson LLP. “It shames each of us as a society that our Government allows those who fought for their country to sleep on the streets while it leases the property deeded for their care to businesses and recreation.”
“Tonight thousands of chronically homeless military veterans with PTSD and other severe mental disabilities will face a torrential rainstorm on the streets of Southern California,” said John Ulin of Arnold & Porter LLP. “Thanks to this afternoon’s brave and careful decision by the United States District Court, they will, at least, have an opportunity to convince the court to compel the Veterans Administration of Greater Los Angeles to do what it should have been doing all along – provide them with the housing and services they need to escape homelessness and use the West LA VA campus to house and serve veterans.”
“Judge Otero’s ruling gives homeless veterans their day in court to require the VA to use the West Los Angeles Campus to benefit veterans,” said Amos E. Hartson, chief counsel and director of legal services of Inner City Law Center.

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Friday, March 16, 2012 - 6:23pm

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Re: New Procedure on Car Impoundments
Dear Chief Beck and Assistant Chief Moore:
We, the undersigned, thank you for your leadership to pursue a Special Order that will establish incremental, but significant changes, to LAPD’s vehicle impound procedures. In addition, we commend the Los Angeles Police Commission for approving this protocol change.
Your commitment to this measure represents a stand on the side of fairness and justice for the immigrant community of Los Angeles. Undocumented immigrants in our city represent a significant portion of the labor force and almost two-thirds of U.S. born children have immigrant parents; it is essential, therefore, to protect public safety and ensure strong relationship between the LAPD and immigrant communities.
We are hopeful that this change will mean fewer impounded cars. The loss of a car for 30 days and the resulting impoundment fees of up to $2,000 can be financially crippling, particularly for many immigrant families struggling in today’s economy.
The proposed measure recognizes that a 30-day impound is a harsh penalty that is not warranted in all circumstances.The changes are in line with a similar protocol adopted last year regarding impounds following stops of non-intoxicated unlicensed drivers at DUI checkpoints.
As Chief Beck recently stressed, the crux of this matter is that Angelenos who are unable to get a driver's license due to state law, are being unreasonably penalized just for going about their daily business of driving children to school or heading to work. Angelenos will also save valuable tax dollars by having our men and women in blue focus on critical issues of public safety rather than impounding the vehicles of community members.
If you have any questions, you may contact Joseph Villela at 213-353-1782(CHIRLA), Michael Kaufman (ACLU) at 213-977-9500, or Wendy Braitman (LA Voice) at (323) 803-0376.
Sincerely,
American Civil Liberties Union-Southern California (ACLU-SC) California Immigrant Policy Center (CIPC) Central American Resource Center (CARECEN) Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA) LA Voice PICO Mexican American Legal Defense and Educational Fund (MALDEF) UCLA Labor Center
 
 
Download the ACLU's letter to Chief Beck.

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Monday, March 12, 2012 - 6:24pm

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