When I was growing up in McKenzie Court, a housing project for
African-Americans in Tuscaloosa, Ala., everyone understood Mr. Robert
L. Glynn’s rules. The director insisted that apartments, which were
subject to surprise inspections, had to be kept clean at all times.
Yards had to be neatly cut. And everyone knew that if you didn’t follow
Mr. Glynn’s rules, there were thousands of people eager to demonstrate
that they could follow them. The U.S. Supreme Court unanimously
ruled that the Anti-Drug Abuse Act of 1988 permits housing authorities
to evict tenants if a member of their household or one of their guests
is caught using or selling drugs. That’s even if that unlawful activity
is not known to the person who signed the lease or if the offense takes
places off premise. Although the court has ruled that there were
no constitutional issues to be decided, it is a stupid policy. As a
brief filed in support of four tenants evicted by Oakland, Calif.
housing officials notes: “…A tenant who has a fleeting connection to
the alleged perpetrator of a crime is put at risk because of conduct
that only the most paranoid or clairvoyant tenant could have possibly
foreseen.” This is another of those short-sighted laws passed by
Congress that makes it appear that lawmakers are being “tough on
crime.” In fact, it will do little to reduce the flow of drugs and is
yet another example of focusing on the low-level offenders rather than
the kingpins. Take the case of the four plaintiffs that brought
the case in Oakland. Two of them had grandchildren who lived with them
and were caught smoking marijuana in a housing project parking lot. How
could the grandparents possibly have known what the youth were doing
away from home? Another parent’s daughter was found with cocaine three
blocks from her apartment. And a disabled 75-year-old man was kicked
out after his caretaker was found with cocaine in his apartment. Where
are these evicted tenants supposed to go now? Public housing is often
housing of last resort. What happens when there is no “last resort?” Do
we really need to expand the ranks of the homeless? While it might seem
like we’re cracking down on drug use, image-conscious public officials
are acting more like they are on crack. We shouldn’t forget
that in our rush to pass strong, mandatory drug laws before, we have
ended up filling our prisons with first-time, non-violent drug
offenders and people with only a peripheral connection to drug
trafficking, especially African-American women. How long will it take
us to realize that this approach hasn’t worked? Another concern I have about this approach is that it employs a double-standard. If
this Supreme Court ruling is to apply to poor people, it should also
apply to the rich. That means it should apply to Florida Gov. Jeb Bush,
whose 24-year-old daughter, Noelle, was caught trying to get a
fraudulent prescription filled at a Tallahassee pharmacy. According to
news accounts, Noelle has been living with her parents in the
governor’s mansion. As governor, Jeb Bush lives in public housing
– the public pays for his housing. And if elderly Black women can be
evicted for behavior that they were unaware of, Jeb Bush and his family
should be kicked out of the tax-payer supported mansion if our laws are
going to be fairly enforced. What’s the difference? If we
are going to punish entire families for the sins of their youthful
members, should that punishment extend to alcohol, as well? If that’s
the new yardstick –and I am not saying it should be—then George W. and
Laura Bush would have to leave the White House. Their 19-year-old twin
daughters were cited for alcohol violations. Barbara was charged with
possession of alcohol by a minor; Jenna was arrested for allegedly
using a fake I.D. to buy alcohol. Ideally, neither the First
Family, Jeb Bush nor the tenants in Oakland should be evicted. Many
American families are wrestling with the problem of a family member
afflicted with drugs and deserve our understanding and sensitivity.
Rather than trying to punish drug users, especially first- and
second-time offenders, we should try to get them into a treatment
program. The sad fact is that there are not enough treatment
slots available for the addicts who want help. If Congress wants to be
sincere about helping people with drug problems, that’s where they
should add more resources. It might not be as effective helping them
get re-elected, but it will be helpful for the people who need help the
most. In the meantime, we should try to find more Mr. Glynns,
authorize them to tightly manage public housing units – including
having the power to evict people selling or using drugs within their
apartments – but not kick innocent families to the curb because they
are not clairvoyant.
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