Tag Archives: Vermont Legal Aid

There’s Probably a Humanitarian Disaster Happening, But the Judge Said It Was Okay

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Truly bizarre happenings over the last 24 hours, even by the bizarre standards of this seemingly never-ending crisis of housing and homelessness. We’ll get to the judge’s decision allowing Gov. Phil Scott’s ridiculous policy to go forward, but first a note from an official in the city of Burlington, timestamped 4:45 p.m. yesterday:

There are 192+ folks outside in Chittenden County; 0-5 motel rooms available.

This was after the Scott administration had decided to close its four temporary shelters on schedule Friday morning. And almost four hours before the administration reversed course, announcing at around 8:30 p.m. that the Burlington shelter would reopen at least for Friday and Saturday night.

I guess they decided it was a bad look to close a shelter in the face of a severe winter storm with close to 200 people known to be unsheltered in Vermont’s most prosperous county. Too often, it seems as though administration policy is designed to be cruel until the optics get too bad, and then they change course just enough to limit the damage. So they opened the shelter unexpectedly at 8:30 p.m. How many more people could have accessed the shelter if it had never closed in the first place? How many didn’t find out the shelter was available at all or couldn’t make their way to Cherry Street that late in the evening? Or, God have mercy on our souls, how many had already found a refrigerator box or an overpass or other makeshift shelter and didn’t want to lose their spot?

The good thing, from the administration’s point of view, is that this is all happening on a weekend when our news media are essentially unstaffed. As of Saturday afternoon I’d seen no coverage from VTDigger, Vermont Public or Seven Days. Don’t even ask about the Free Press, whose top story right now is “Chittenden County Irish Pub Closes.” There’s a brief item on WCAX-TV’s website announcing the shelter’s reopening, but that’s about all.

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Welp, I Guess We’re Going to Try Doing Nothing

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A not-so-fond farewell to Winters Hall, a.k.a. Governor Phil Scott’s crappy shelter down an industrial side road near Montpelier, pictured above. The Scott administration announced this morning — well, they slipped it out in a routine statistical report, if that counts as an “announcement” — that the governor’s four temporary shelters, including this lovely little number, were closing down as of today.

Every morning, since the shelters opened, the state has reported the nightly census at each location. Today’s count was topped by the following sentence, and I quote: “All shelter are now closed.” Did anybody proofread this thing before it went out?

The closures come despite Burlington Mayor Miro Weinberger’s call for the state to keep open the Queen City shelter, which has seen by far the most use. But he’s a Democrat, so screw him, right?

More good news: Vermont Legal Aid lost its attempt to get a court order forcing the administration to reopen the wintertime Adverse Weather Conditions program, so we get no relief there. Written statement from VLA attorney Maryellen Griffin:

This is terrible news for the hundreds of people experiencing homelessness in Vermont including people with disabilities, families with children, people who are elderly, and people who are low-income and unable to find housing. It is unconscionable that they will be facing unsheltered homelessness. It is particularly concerning now when it is still very much winter in Vermont. Housing is a human right and no one should ever be forced to live outside.

Oh, did I mention that we’re facing a truly fearsome weather forecast for this weekend?

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Come On Down to Big Phil’s Policy Lot!

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Automotive metaphors are always a temptation when writing about the man behind the wheel of #14, Gov. Phil Scott, but sometimes you gotta go with it. Now, the governor doesn’t look like a used car salesman when he’s holding court in his ceremonial office. He can sound convincing when he tells you about this sweet little number, low mileage, owned by a little old lady who only drove it to church on Sunday. You’ll look great behind the wheel of this baby!

But if you drive it off the lot, pretty soon it’s leaking fluids and making funny sounds and belching smoke out the tailpipe.

Which brings us to, you guessed it, the governor’s shambolic temporary shelter “plan.” He calls it “a successful mission” and gives himself top marks: “I think we did a good job.” His sales associate, Human Services Secretary Jenney Samuelson, is effusive about how her people were all over the state, keeping in close contact with those about to lose their motel rooms, “actively communicating, going door to door last week,” and being “really flexible” about helping folks fill out the necessary waivers to achieve eligibility for continued motel vouchers.

Get into the real world, though, and this thing starts looking like a complete lemon.

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One “Minor” Consequence of the Flood: A Dramatic Shortage of Legal Representation for Renters

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Even in the best of times, the court system is stacked against renters. When landlord/tenant disputes arise, property owners can afford lawyers while renters cannot. The flood will seriously exacerbate this imbalance. As I predicted back on July 14 and VTDigger reported on, ahem, July 31, the flood “disproportionately hit Vermont’s affordable housing stock.”

All those renters occupying flood-ravaged housing will find legal resources very difficult to come by. The scope of this problem has yet to unfurl, and it’s going to be bad for months to come. At minimum. A lot of tenants are going to get screwed.

“There are very few private attorneys who will represent tenants, who are generally low income and unable to pay,” said Sam Abel-Palmer, Executive Director of Legal Services Vermont, a nonprofit focused on civil litigation. His organization and Vermont Legal Aid try to make up for the failure of the free market, but they can offer perhaps 10 full-time attorneys to help all the renters in Vermont. Besides that, there are a few private lawyers who take some cases on a pro bono basis and the state Bar Association pays reduced fees to some members who represent renters.

That’s about all. It falls short of meeting the need, even in the absence of a major disaster. “We sometimes can take cases, sometimes we can offer advice,” said Abel-Palmer.

And now?

“It’s not remotely enough,” Abel-Palmer said.

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“The Court Is Not Persuaded”

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Nice try, Vermont Legal Aid, but the judge tossed you out of court. And in a nice little development, essentially blamed legislative Democrats for enabling the abrupt end of the motel voucher program. On we go with the unhousing!

Judge Timothy Tomasi rejected VLA’s request for an injunction halting the evictions scheduled to begin today (under a nice hot 90-degree sun). He saw little chance that VLA would succeed in its case, hence there were no grounds to stop the process pending a full hearing in court. This, despite the fact that Tomasi’s decision included the sentence: “The Court agrees that removing persons from their rightful homes and subjecting them to homelessness is an irreparable harm.”

Mighty white of him to notice, but gosh darn it, their particular “irreparable harm” doesn’t have a judicial remedy according to Tomasi.

I had a feeling the judge would find a way around Legal Aid’s argument. Standing in the way of a government action isn’t something the courts take lightly. (Unless we’re talking the John Roberts Supreme Court, of course.) His decision is still a big disappointment since VLA seemed to have strong arguments. But the judge found reason to ignore those arguments, thanks in large part to the Legislature. Yay, Democrats!

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Now Comes Vermont Legal Aid

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Even as the first round of The Great Unhousing is literally just around the corner, Vermont Legal Aid has stepped in with a class-action lawsuit seeking to force an extension of the motel voucher program. And to judge from the complaint filed in Washington County Court, it may well win this thing because of the Scott administration’s sheer incompetence in operating the program.

VLA sued on behalf of five voucher clients plus “other similarly situated,” presumably meaning the 1,800 households due to lose their shelter at the end of this month, next month, or possibly late July. (The administration has announced a four-week extension for some of those scheduled to lose eligibility on July 1, but can’t even specify how many will qualify for an extension. Sloppy, no?)

A hearing is scheduled for Thursday, where VLA will seek an injunction blocking the state from evicting any voucher clients and force the state to follow due process from here on.

At first glance, I thought this was kind of a Hail Mary. After all, can’t a government decide to terminate a program? But the complaint (downloadable here) paints a picture of managerial ineptitude pervasive enough to provide a basis for court action. Assuming VLA’s complaint is accurate, and they don’t have the reputation of making stuff up for the hell of it.

And boy, wouldn’t it be ironic, don’tcha think, if Team Scott was forced to continue the program because it made a complete hash of the process?

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Another nail in Vermont Health Connect’s coffin

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The vultures are circling. The wolves are howling. The diminished corpus of Vermont Health Connect is crawling across a pitiless landscape; every time an oasis appears, it turns out to be a mirage.

Things aren’t lookin’ good.

I’ve been a strong supporter of Governor Shumlin’s health care reform plan — hopefully as a first step toward single payer, or at least universal coverage of some kind. I have bought and consumed every confident reassurance ever issued by the Governor and his minions. I have, unfairly in retrospect, mocked his critics as mindless partisans. I have allowed my hope to be renewed by fresh reassurances, most recently last fall, when the administration announced that VHC had met its performance benchmarks.

Today, not so much. Today I’ve turned a corner. I remain hopeful, but the confidence is gone.

The last straw was yesterday’s article by VTDigger’s Erin Mansfield, which began like this:

An independent expert on health care strategy advised the state to spend as little money as possible on Vermont Health Connect technology in the immediate future and instead use resources to evaluate alternatives to the exchange.

Frank Petrus, a senior managing partner at Connecticut-based Gartner Inc., told lawmakers the state should stop spending money to build new Vermont Health Connect technology, try to leverage investments it has already made, and commission a study that would take three to four months.

Basically, he wants to put VHC into hospice care. Stop trying to fix it, just help it “limp along a little while longer.”

Ugh. Yeesh. Aaaaaarrrrrgh.

This isn’t coming from a free-market ideologue, but a guy with unimpeachable bona fides:

Gartner has consulted for several state health exchanges, including Vermont Health Connect, and has a great deal of experience in public sector human services.

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Just what we needed: More bad news on Vermont Health Connect

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The headline says it all, thanks to Erin Mansfield of VTDigger:

VERMONT HEALTH CONNECT IS GOING BACKWARD, STAKEHOLDERS SAY

The “stakeholders” are Blue Cross Blue Shield of Vermont and Vermont Legal Aid, an unlikely pairing to be sure. BCBS is calling for an independent review of the troubled health care exchange, and Legal Aid is fielding scores of complaints from “frustrated consumers.”

“We’re going backwards,” said Trinka Kerr, the chief health care advocate for Vermont Legal Aid. “Towards the end of last year, we were making progress. You could get things straightened out relatively quickly, and now things are more complicated than they used to be.”

Some of Governor Shumlin’s high-profile declarations of victory are now looking inoperative. The “change of circumstance” function, which was supposed to be a benchmark for VHC, had to be taken off line because it simply wasn’t ready to handle the workload. And as a result, the backlog is back!

Yes, VHC has a backlog of change orders numbering about 4,000. To put that number in perspective, VHC has a total of 33,000 customers who buy individual policies through the website.

Now, I stopped being good at math in about the seventh grade, but to me that looks like the backlog amounts to 12 percent of all customers served. Which is, in a word, dreadful.

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