Over 200 homeless veterans live at a shelter in the mountains of North Carolina, I include myself in their ranks. The economics of being over sixty and over qualified as a communications arts professional introduced me to the Veterans I now live with and share a common bond.
For several years, veterans have been entering the doors of a homeless shelter where they are enrolled in a VA benefit for Homeless Veterans. Former members of the U.S. Armed Forces, who are discharged from military service (under conditions other than dishonorable) are eligible for a bed at a transitional shelter, meals, VA care, and case management.
The Veteran’s Restoration Quarters (VRQ) is a homeless shelter operated by a non-profit Christian organization Asheville Buncombe Community Christian Ministry, Incorporated (ABCCM).
ABCCM started as a collaboration of several local churches to address homelessness. Their common motivation was simple, a group of churches could accomplish more together, than each church could accomplish alone. In 1970 ABCCM incorporated - a noble beginning.
In 2003, ABCCM added 24 beds for sheltering veterans operating under the U.S. Department of Veterans Affairs (VA) Grant and Per Diem (GPD) program, veterans were sheltered in a warehouse building. Since then, ABCCM’s homeless services have grown, today the VA GPD program is within a two miles of a VA Hospital, in a former Super 8 Motel. The VRQ is an open campus with no fences, is comprised of 124 rooms with 246 beds, serving approximately 226 veterans and 20 non-veterans, it is surrounded by mountains near Asheville, North Carolina.
The VA GPD program provides homeless veterans up to two-years of transitional housing and a veteran may have three VA GPD program stays in their lifetime; a thoughtful and compassionate act of Congress. ABCCM is paid a (daily) Per Diem payment, for each night a veteran is sheltered. ABCCM's VA GPD program provides Veterans with transitional housing, meals, case management, and limited van transportation.
The VA GPD program's stated goal: "increase [veterans] skill levels and/or income, and obtain greater self-determination". Noble beginnings and compassionate acts are not enough to keep a moral compass pointing true.
Voiceless and Vulnerable
I arrived at the Veterans Restoration Quarters in September 2015, I was without a job, homeless, penniless, and without transportation. But, within a week of arriving, I was offered the possibility of employment at the VRQ Front Desk; so I trained to be a Front Desk Manager for eight days, and then, I became a formal ABCCM paid employee. However, after about eight weeks, the reality of my employment became apparent: I was sometimes required to perform 40 or more hours in a work week, but I was only getting paid for 16 hours in a work week. ABCCM claimed that I was a “part-time” employee (working less than 20 hours) so I am required to work unpaid “Service Hours” as a Front Desk Manager, in addition to my paid hours. I was not alone, other veterans’ paychecks were being shorted; some were not getting paid at all. Was this a VA GPD best practice?
ABCCM established a “Service Hours” program that requires all VRQ sheltered residents to perform unpaid labor, unless employed or attending school full-time (no service hours), part-time (10 service hours), or not at all (20 service hours). Service Hours work activities are performed in areas such as: Housekeeping, Maintenance, Kitchen, Computer Lab, Front Desk, and Van Duty Driver. These are the same work activities necessary to the daily operation of any hotel or care facility. Except in this instance, ABCCM has contrived a Service Hours program to cut its costs, and in doing so, ABCCM has created a special labor class comprised of homeless veterans to perform its labor.
As a result of performing Service Hours, residents earn “Reward Points”. Reward Points can only be redeemed at the VRQ “Points Room” for a small spectrum of new or used donated clothing and toiletries. But not every veteran is eligible to earn and use Reward Points. There is no daily, weekly, or monthly statement of accrual for earned Service Hours or Reward Points.
ABCCM's homeless labor policy ignores Federal and State labor laws. Homeless veterans are required perform unpaid labor in order to gain access to a life-sustaining Veterans' benefit - which was previously earned through their service in the United States Armed Forces.
The required Service Hours and illusionary Reward Points programs are ABCCM compulsions - not a VA GPD best practice.
ABCCM’s Service Hours and Reward Points programs establish a pattern of practice designed to exploit voiceless, vulnerable veterans as an unpaid labor force.
Tipping the Gilded Scales of Justice
The integrity of the VA GPD program's has been compromised; the principle of increasing a veterans income has been shelved. So, who would you tell?
An email with supporting attachments was circulated for nearly a year; U.S. Senator Thom Tillis (NC), serving on the U.S. Senate Committee on Veterans' Affairs, responded. The Senator’s office contacted the U.S. Department of Veterans Affairs and the U.S. Department of Labor (USDOL). The VA sent a letter back to Senator Tillis' Office that parroted-back the contents of the original email; the Senator's Office has been silent on any response from the USDOL.
Both the NC Department of Labor and the US Department of Labor question their respective jurisdiction in the matter when answering the original email, and each agency referred to the other as a possible solution.
After nearly a year of trying to motivate members of Congress, the U.S. Department of Labor, the N.C. Department of Labor, and also trying to find legal representation for myself and the homeless veterans of the VRQ… I applied myself to the effort, I read case law.
An action has been commenced against ABCCM in U.S. District Court in the Western District of North Carolina – Asheville Division, Civil Action No. 1:17-CV-150. The Complaint was served on July 3, 2017.
The Court has waived the $400 filing fee, I was allowed to proceed in the Form of a Pauper. As a Pro Se (self-representing) litigant, I cannot represent anyone else - only myself. [Chances are, I don’t know you, but I do know what you are thinking right now, go ahead roll your eyes, I would.]
As a Pro Se litigant, preceding in the form of a Pauper, I can prosecute the case as it affects only me. Rightfully so, I would not want to diminish another veterans opportunity to for justice.
ABCCM’s reports it’s most recent earnings from the U.S. Department of Veterans Affairs and U.S. Department of Labor :
2014 - $2,476,925 from VA GPD program ($3,236,037 total from the VA), and $699,541 from the USDOL;
2015 - $2,397,199 from VA GPD program ($3,187,179 total from the VA), and $574,836 from the USDOL;
2016 - $2,461,562 from VA GPD program ($3,678,694 total from the VA), and $205,478 from the USDOL.
(source: 2014, 2015, 2016 ABCCM Consolidated Audits)
In the last three years, ABCCM has earned over $10,000,000 from the VA; so, I would like to ask for some of it back, please.
Common sense says "find legal representation" and that is the purpose of this funding effort.
The introduction of the legal representation would accomplish a great deal more than equalizing the knowledge and experience appearing before the Court on my behalf; the appearance of legal representation would allow entry of all similarly situated veterans who are required to perform unpaid Service Hours.
At this time, the veterans remain silent and endure. The sheltered veterans at the VRQ are on the edge of survival, their sheltered existence is not protected by a lease, expulsions into homelessness are common. The authority and control of ABCCM over the veteran population is unchecked. Veterans can be expelled into homelessness for the perception of a campus violation. The veterans at the VRQ do not openly speak in opposition to ABCCM’s policies and practices - out of a lack of self-expression, lack of emotional control, or out of fear. The five stages of grief: Denial, Anger, Bargaining, Depression, Accpetance (DABDA) is not a liner progression of emotion; expect any one of those emotions to dominate a veteran's reaction to any injustice. A few veterans know that I have filed a Complaint with the Court, as a result, some of them avoid being seen with me, I understand, I place no blame on them. The introduction of experienced and seasoned legal representation would give 200 veterans cause to speak on their own behalf.
The scales of justice are gilded; a price needs to be paid for legal representation, for depositions, discovery, pretrial motions, expert witness testimony, trial; and appeal.
A January 2013 study by the Court Statistics Project, "Estimating the Cost of Civil Litigation" states the average cost of employment litigation to be at $88,000... at this point, I estimate $20,000 should be sufficient to retain legal representation and pay for pretrial discovery and motions.
There are three prima facie Counts within the Complaint; Counts I and II speak directly to the heart of employment for all similarly situated VRQ residents.
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My purpose so far has been to engage you with a few basic facts, provoke your sense of justice, and maybe move you to contribute. Your financial support will lift the veterans' side on the scales of justice; you can encourage the homeless veterans who remain silent, to give voice to the conditions of their labor. Your contribution will will put a professional, legal representation before the Court on the destitute's behalf.
Your contribution will make a difference; thank you.
While your financial support is important, placing this story in front someone else may make a difference: a lawyer, a journalist, members of congress, or perhaps an acquaintance of a friend. No problem can withstand the power of sustained and rational thinking.
The pleadings below are one veteran’s battle hymn. These pleadings were filed on June 12, 2017; the Plaintiff's Application to Proceed as a Pauper was approved on June 29, 2017; and served on the Defendant on July 3, 2017; the Defendant filed a Motion for an Extension to Answer, which was Granted; and Defendant's Answers are expected on August 14, 2017.
Suggested reading order:
- Exhibit 11, A plain language overview of basic issues; this is the original email used to solicit help before any allegations were filed in a complaint. The "attachments" referenced in the overview are not included, most of the attachments are introduced as supporting exhibits in the Complaint and Affidavit below.
- Motion for Injunctive Relief, Offers a brief legal introduction to the controversies before the Court.
- Affidavit in Support of Complaint, (with exhibits attached) My sworn affidavit on the unfortunate circumstances that surround the issues.
- Complaint, (with exhibits attached) Allegations that form a Cause of Action against the Defendant.
- Memorandum in Support of Injunctive Relief, (with exhibits attached) A legal brief providing an Statement of the Facts, the legal standards for Injunctive Relief, and a showing of a Prima Facie case demonstrating a likelihood of success by the Plaintiff on the merits of his case.
- Memorandum in Support of FLSA Applicability, (with exhibits attached) Another legal brief in support of the Memorandum for Injunctive Relief, wherein the application of the Fair Labor Standards Act is deem necessary in a Prima Facie case.
Comments and questions are welcome.
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