NC Justice Center Accomplishments
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Updated March 9, 2002

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Policy and Legislative Advocacy

 

 

 

 

 

 

 

 

 

 

 

 

 

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Led efforts in the health advocacy community at both the state and federal level to provide health insurance coverage for 100,000 uninsured children of the working poor through the establishment, expansion, and improvement of North Carolina's Health Choice program.

Led efforts to improve dental care for children and adults on NC's Medicaid program. This effort, accompanied by a class action lawsuit filed by the Justice Center and other groups, has resulted in a high profile discussion among the public and policymakers of the lack of dental care for low-income North Carolinians. New funding and reforms to the NC Medicaid program are a likely result.

Opposed efforts by NC Blue Cross/Blue Shield to convert to a for-profit company without first transferring their assets to a health care trust which would fund programs and services for disadvantaged persons. Has continued to monitor Blue Cross's actions as they move towards conversion and educate and involve advocates to prepare for this year's expected conversion process.

Led consumer health advocates in calling for establishment of a health trust fund with a substantial portion of North Carolina's national tobacco settlement money. This successful effort resulted in a projected $1 billion health trust (over 25 years) to improve the health of North Carolinians.

Led consumer policy analysis and advocacy efforts to develop a comprehensive patients' bill of rights along with the Governor and other state leaders. Continues to lead consumers in the fight for a comprehensive reform bill.

Led efforts to ensure the prescription drug needs of low income people with disabilities are considered in any statewide prescription drug assistance plan.

Led efforts to protect low-income families in the debate over welfare reform and successfully made numerous amendments to the new welfare reform law to protect the interests of low-income persons needing public assistance.

Published a comprehensive analysis of issues raised by the "devolution" of welfare reform policy from the state to North Carolina counties.

Stopped passage of legislation that would have allowed garnishment of worker's wages to collect debts.

Supported passage of legislation increasing the state's minimum wage to the federal minimum wage level thereby increasing wages for over 30,000 workers. Also, supported passage of legislation that expands eligibility for unemployment benefit payments to thousands of workers who lose their jobs.

Played key role in the effort to stop predatory lending practices and defeated legislation that would have allowed small loan companies to raise interest rates on consumer loans.

Obtained a series of improvements for tenants in the state landlord/tenant law.

Passed a number of changes in the law providing greater protections for victims of domestic violence.

Published a major policy report on the minority achievement gap which resulted in the passage of legislation and the appropriation of millions of new dollars to improve the academic achievement of low performing minority students. This report is being up-dated annually.

Led successful efforts to provide more funds for alternative schools so that more students can remain in the public education system and prevented passage of legislation to amend the school discipline laws that would have resulted in more students being excluded from the public schools.

Passed legislation which requires special identification and services for at-risk students in the public schools and improved legislation that would retain large numbers of students in their current grade due to results on a single test.

Led the successful effort to appropriate $16 million for local schools to offer education programs for students whose native language is not English.

Through the Justice Center's Utility Watch Project, played a key leadership role in protecting low-income consumers in the debates surrounding the proposed restructuring of the electric and telecommuting industries.

Obtained record appropriations for the Housing Trust Fund for affordable low-income housing and passed a state housing tax credit to promote the construction of affordable housing.

Supported increased funding for child welfare, Smart Start, juvenile justice and mental health services.

Played a key role in the effort to eliminate the state sales tax on food and in seeking legislation that requires companies receiving tax credits to provide health insurance to their employees and to have a clean environmental and worker safety record.

   

Coalition Building

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Helped found and lead the Covenant with North Carolina's Children, a coalition of 100 child advocacy groups working to reform state policy to benefit the interests of children. A Justice Center staff member serves as the organization's vice-chair while others coordinate three of seven Covenant task force working groups.

Played a key leadership role in the creation of the N.C. Alliance for Economic Justice, a coalition of eight organizations working to provide low-income workers with a living wage.

Played a key leadership role in the formation of the N.C. Legal Services Planning Council, a statewide coalition of 10 Legal Services providers working to coordinate and improve the delivery of civil legal services to the poor.

Led the N.C. Health Access Coalition, a coalition of over 75 groups working to improve access to health care for low-income North Carolinians.

Developed and supported a network of immigrant advocates who then provide direct immigration services and advice to low-income immigrants and act as policy advocates at the local level. The Justice Center provided training and technical support for the network on and ongoing basis as problems or issues arose.

Acted as the policy adviser and advocate for the N.C. Low Income Housing Coalition and assisted with NCLIHC's advocacy related to Smart Growth issues and creation of alliances with environmental organizations.

Helped guide the Coalition for Responsible Lending in its battle against predatory lending.

Established a network of advocates to promote consumer-friendly policies in the electric restructuring debate.

Acted as co-principal investigator in Wake Forest University research project on pesticide exposure among migrant farmworker families. Grassroots, Community Education, Research

 

   

Grassroots, Community Education,  Research

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Defined and quantified the glaring economic injustices for North Carolina workers in our report "Working Hard is Not Enough" and proposed policy solutions. Released the report at a press conference attended by more than 100 people including advocates, press, legislators and grassroots individuals. More than 4000 reports were mailed. More than 90 individuals and organizations have signed on as endorsers to the report. The report sparked statewide media attention including multiple TV spots, radio spots, talk shows, front-page headlines across the state, multiple editorials in all major papers, cartoon editorials, etc. More importantly, the report prompted individuals, statewide organizations, and community based organizations to contact the Justice Center to get involved on living wage issues. In particular, labor unions and church organizations have called on the Justice Center for materials.

Co-sponsored three town hall meetings in Raleigh, Wilmington, and Charlotte on tax relief for working people and living wage issues with the ALF-CIO.

Published nearly two-dozen editions annually of Budget and Tax Center (BTC) Reports analyzing critical fiscal and tax issues facing policymakers in North Carolina.

Annually provide numerous budget and tax policy seminars to several hundred leaders of North Carolina's non-profit organizations.

Provided several popular economic trainings for grassroots organizations serving low income working families.

Provided several trainings to county health department and social service personnel and other service providers on their responsibilities to clients with limited English proficiency under Title VI of the Civil Rights Act.

Trained 300 parents across North Carolina in the Parent Education Studies Program in a curriculum designed to provide information to parents on education policy, practices, and leadership skills.

Formed a planning committee to create a statewide organization of parents to advocate for equity in school reform on behalf of at-risk students.

Published policy analysis reports and parent information materials on the topics of the achievement gap, testing, school discipline and parental rights in North Carolina's schools.

Collaborated with and trained Legal Services and private attorneys handling poverty law cases.

Operated the Welfare Reform Information Network and published regular welfare reform updates for advocates and grass roots groups.

Published the North Carolina Poverty Law Monitor for Legal Services advocates and pro bono attorneys.

Began a program of community health clinic visits to speak to and hear from people without health insurance and the health providers who take care of them.

Published and began distribution of a grassroots pamphlet for people concerned about health issues entitled "How to be a Health Advocate." This pamphlet is being used to help low-income people learn how to make their voices heard in health policy debates.

Conducted outreach and educational programs reaching migrant and seasonal farmworkers and crab processing workers at labor camps in eastern North Carolina.

Provided educational programs to migrant farmworker parents on pesticide safety and legal rights.

Developed a series of handouts for health outreach workers on the legal rights of migrant workers.

ILAP served as an important resource for organizations working with immigrants across the state and has coordinated and convened the Network of Immigrant Advocates providing information and training on a number of issues facing immigrants.

ILAP is initiating a new effort to provide more direct support and assistance to the immigration work of non-profit organizations. One such organization is Catholic Social Ministries of the Raleigh Diocese.

 

   

Litigation

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Antrican v. Buell -- Played lead role in class action lawsuit filed against NC's Medicaid program which contends children and adults on Medicaid do not have adequate access to dental services. While presently in progress, this lawsuit has given this issue a high profile in the media and for policymakers even before trial.

Hyatt v. Massanari--Continued to monitor the enforcement of this class action lawsuit which was filed against the Social Security Administration 17 years ago for denying disability benefits to people whose disability involved pain. We have reviewed and negotiated class denials and merits denials, tracked all claims on our database, responded to calls from potential and actual class members, attorneys and representatives, and referred cases to attorneys. With assistance of co-counsel, successfully enforced settlement order through two court motions.

Alexander v. Hooker--Continued to monitor this class action filed in 1974 by applicants for AFDC and Medicaid alleging that the administrators of these programs have failed to comply with federal regulations concerning the processing of applications for assistance.

Cassell v. Britt--This class action case involves a challenge to the method by which child support is distributed to present and former AFDC recipients. We are monitoring the consent decree.

Francisco v. State Board of Education of North Carolina--Resolved this statewide class action filed on behalf of children of limited English proficiency who alleged that the state has failed to provide them with an appropriate education. In response to the litigation, the state made a number of policy changes while the legislature increased funding for ESL and other programs.

Huntley v. Morrow--This is a class action against NC DHHS filed in 1979 concerning the state's failure to process AFDC, Food Stamps, and Medicaid hearings in a timely fashion. The project has assumed the responsibility for continued monitoring of the State's compliance with the consent order, and negotiations with the state.

Leandro v. State of North Carolina--The Justice Center is participating in this case challenging the state's system of public school finance. The case is presently in trial in the Wake County Superior Court. In these proceedings the Justice Center has filed friend of the court briefs and plans to continue to play a role during pivotal stages of the litigation. The Justice Center is arguing that the system of education finance must take into account the needs of low income and minority students.

Thomas v. NC DHHS and USDA--This case is a class action that involves the failure of NC DHHS to follow court rulings in food stamp cases. Womble, Carlyle, Sandridge and Rice, co-counseled with the project before the North Carolina Supreme Court. The Court upheld the Court of Appeals' decision allowing the trial to proceed. The case was settled resulting in benefits to over 1,400 individuals.

Jones v. Southern Atlantic Financial Services--This case, which is being co-counseled with private counsel, raises several important predatory lending issues, including oppressive loan terms and improper fees and behavior on part of the loan broker. A jury recently awarded the plaintiff $24,000 in damages and $50,000 in punitive damages.

Harrison v. Cornerstone Realty; Lee v. Cornerstone Realty--This case, co-counseled with North State Legal Services, challenged the eviction of two disabled tenants receiving federal housing subsidies under the Section 8 Program. The suit was favorably settled.

Cantey v. United Companies Lending (Wake County Superior Court); Tomlin et al v. Chase Mortgage Brokers; Chasten et al v. Homegold and ContiMortgage United States Federal Court (Eastern District); Jones v. Advanta Mortgage and Bankers Trust Company (Richmond County Superior Court); Clients v. EMC-- These cases involve predatory lending practices by a number of defendants. The cases are the cornerstone of the litigation effort to reform predatory lending in North Carolina. The Justice Center is co-counsel in each of the cases playing key roles. All cases are pending in trial courts.

McClendon, et al v. Norman and Evelyn Stanley, (Wake County Superior Court)--This is a class action brought against one of the state's largest slumlords involving the abusive practices of the landlord. The case was recently favorably settled with the defendant being required by Court Order, to have third party inspections of all his properties before renting them.

Wellman v. Eastern North Carolina School for the Deaf (Office of Administrative Hearings)-- This is a race discrimination and retaliatory discharge claim brought by the Justice Center on behalf of a State employee in Wilson, NC. This case is part of an alleged pattern-and-practice of race discrimination at the School for the Deaf. In June 2000, an Administrative Law Judge ruled in favor of the plaintiff on all counts. The State Personnel Commission entered a final decision in December 2000 affirming all of the ALJ's decision, except for the retaliatory discharge claim. Parties have negotiated a final resolution to the case and are working out the final details.

Davis, et al. vs. Winston-Salem Housing Authority-- This case involves the failure of the W-S Housing Authority to implement the federal income exclusion rule and provide restitution to residents denied the benefit of the rule. The case was recently settled favorable to the plaintiffs.

Parkwood Association v Capital Health Care (North Carolina Supreme Court)--This case involves restrictive covenants to prevent the construction of group homes for disabled adults and children. The Justice Center has filed a friend of the court brief in the Court of Appeals.

In the Matter of Investigation of Voluntary Green and Public Benefit Fund Check-Off Programs; In the Matter of Petition for Rulemaking to Revise Billing and Collection Procedures for Telecommunications Companies Regarding Local Disconnection and Toll Denial; In the Matter of Lifeline and Link-Up Services Pursuant to Section 254 of the Telecommunications Act of 1996; In the Matter of Establishment of Universal Support Mechanisms Pursuant to the Telecommunications Act of 1997; In the Matter of Petition for Rulemaking to Revise Billing and Collection Procedures for Telecommunications Companies Regarding Local Disconnection and Toll Denial -- These proceedings before the Utilities Commission involve deregulation of utilities, credit and billing practices and/or access to services for low income consumers. The Justice Center has intervened in the proceedings on behalf of low income consumers.

Pineda v. North Carolina Growers Association et al. (North Carolina Court of Appeals)-- This case involves a migrant farmworker who was retaliated against after complaining about health problems resulting from pesticide exposure. The Justice Center and Legal Services of North Carolina's Farmworker Unit are appealing from the Wake County Superior Court decision against the plaintiff.

Beltrán Benitez et al. v. Sea Safari Ltd. et al. (Eastern District of North Carolina)-- The Justice Center and private attorney Robert Willis filed this class action complaint in federal court on behalf of a group of Mexican women working on temporary visas. The complaint alleges widespread minimum wage and overtime violations.

Client v. Lancaster Farms (North Carolina Department of Labor)-- The Justice Center filed this administrative complaint on behalf of a migrant farmworker. The Department of Labor substantiated the complaint's allegations of field sanitation violations, lack of personal protective equipment, lack of training on pesticide safety, and violations of pesticide re-entry periods.

Gayton v. Gage Carolina Metals et al. (North Carolina Court of Appeals)-- The Justice Center filed an amicus brief with the North Carolina Court of Appeals in favor of an undocumented worker's right to receive worker's compensation benefits.

The Justice Center's Immigrants Legal Assistance Project (ILAP) served over 300 persons in matters involving a variety of immigration cases and farmworker cases. The immigration cases typically included family-based immigration petitions, asylum cases, and cases involving battered immigrant women. Examples of ILAP representation include representing clients under the Haitian Refugee portion of the new immigration bill and representation of clients from El Salvador in their applications for legal permanent residence under the Nicaraguan Adjustment and Central American Relief Act (NACARA). ILAP also handles, cases involving denial of access to services for immigrants such as education, driver's licenses, health services, social services, and the courts.


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