Opportunity Under Law

Overview

Public Counsel’s Opportunity Under Law brings community-based impact litigation to eliminate barriers to opportunity. We represent individuals and communities confronting structural injustice and discrimination in areas like education, housing, and immigration.

Many of our cases arise from Public Counsel’s representation of individual clients who face persistent injustices. By working closely with the organization’s direct services programs and across its subject areas, Opportunity Under Law is uniquely positioned to bring meaningful impact cases in California and beyond, work closely with affected communities, and communicate broadly to advance public discourse. Our cases strategically pursue novel claims to address intersectional issues and secure landmark victories in doctrinal areas commonly regarded as off-limits for civil rights advocacy.

Focus Areas

Education Equity

• Opportunity Under Law has brought groundbreaking lawsuits at the intersection of education and racial justice, including Stephen C. v. Bureau of Indian Education, Cayla J. v. State of California, Ella T. v. State of California, Mae M. v. Komrosky, Peter P. v. Compton Unified School District, McKinleyville Union School District v. U.S. Department of Education, Kerri K. v. State of California, IntegrateNYC v. New York, and Smith v. Regents of the University of California. These cases have secured important rights for students of color and students from disadvantaged backgrounds, including the right to literacy, the right to reasonable accommodations for students with disabilities resulting from trauma, the right to non-discriminatory admissions practices, the right to a fact-based education, the right to access school-based mental health services, and the right to compensatory education to remedy learning loss caused by the failure to provide a sound basic education. The team’s education work spans federal and state courts across the country and serves Native/indigenous communities, public school students in several states, and community organizations seeking to advance students’ educational opportunities.

Immigrants’ Rights 

• Working with Public Counsel’s Immigrants’ Rights team, Opportunity Under Law has been at the forefront of major litigation on behalf of immigrants. Together, the teams are suing the Department of Homeland Security in Vasquez Perdomo v. Noem for disappearing community members through unlawful stop and arrest practices, and for confining individuals at a federal building in illegal conditions while denying them access to attorneys. They are also challenging the federal government’s attempts to dissolve a 40-year-old nationwide permanent injunction requiring the Department of Homeland Security to take certain steps before removing unaccompanied children to their countries of origin via voluntary departure, particularly providing an advisal of their rights to counsel and a list of free legal services (Perez-Funez v. Noem). The teams also led and won the “Dreamers’ case” (Garcia v. Trump), filed in 2017—the first lawsuit on behalf of DACA beneficiaries seeking to block the Trump Administration from ending the DACA program. During the COVID-19 pandemic, the teams secured the release of immigrants who were unlawfully detained by ICE in unsafe conditions while California’s stay-at-home orders were in effect (Hernandez-Roman v. Barr). Opportunity Under Law also secured mental health services and supports for families who were separated at the border under the Trump Administration’s family separation policy (Ms. JP v. Garland).  

Economic Rights

• Opportunity Under Law’s economic rights practice fights to protect workers from discrimination and exploitation on the basis of race, sex, disability, immigration status, and other protected characteristics. The team has reached groundbreaking settlements in cases involving gender discrimination in workers’ compensation and enforcement of heat regulations on behalf of farmworkers (Bautista v. State of California), and represented workers facing sexual harassment, hostile work environments, and unsafe working conditions (DFEH v. Nicola’s Club). In partnership with Public Counsel’s Community Development team, Opportunity Under Law is fighting on behalf of street vendors to overturn the City of Fontana’s unlawful and unconstitutional ordinances intended to drive street vending out of the city (Inland Coalition for Immigrant Justice v. City of Fontana).

Children’s Rights

• Opportunity Under Law led the class action lawsuit Kevin S. v. Blalock & Scrase, representing children in foster care against the child welfare and human services agencies in New Mexico. The case yielded a groundbreaking settlement that secured accommodations and services for children impacted by trauma as a result of their time in state custody. The team continues to work on the implementation of the settlement along with the State of New Mexico, national experts in child welfare and behavioral health, and community and legal services organizations. Working with Public Counsel’s Child, Youth & Family Advocacy team, Opportunity Under Law filed a lawsuit on behalf of seven transition-aged foster youth who, due to the lack of safe, stable, and appropriate housing and necessary supportive services they are legally entitled to, have been pushed into homelessness (Ocean S. v. County of Los Angeles).

Criminalization of Poverty

• Opportunity Under Law is fighting to end the unjust punishment of court fees. California courts have routinely imposed “court fees” and fines on people without considering their ability to pay. This practice forces thousands of Californians into cycles of escalating court debt and even jail time, violating bedrock constitutional principles prohibiting punishment on the basis of poverty. Building on our success in People v. Dueñas, the team submitted an amicus brief and oral argument before the California Supreme Court in People v. Kopp, urging the Court to clarify that courts statewide must consider a defendant’s ability to pay before imposing criminal fines and fees.

Housing and Unhoused Persons’ Rights 

• Opportunity Under Law represents tenants and people experiencing homelessness who are fighting for their right to a safe, affordable place to live. The team secured a landmark ruling in Powers v. McDonough, ordering the U.S. Department of Veterans Affairs to build thousands of units of supportive housing for disabled veterans at the West Los Angeles VA campus, a decision later affirmed by the U.S. Court of Appeals for the Ninth Circuit. Along with Public Counsel’s Community Development team, Opportunity Under Law intervened on behalf of tenants to defend emergency housing protections put in place during the COVID-19 pandemic (AAGLA v. City of Los Angeles). The team prevailed before the U.S. Court of Appeals for the Ninth Circuit and successfully blocked a petition for certiorari to the U.S. Supreme Court in the matter of GHP Management Corp. v. City of Los Angeles, thereby preserving tenant protections. Additionally, the team successfully dismissed a lawsuit filed by two special interest groups seeking to overturn Measure ULA, the largest affordable housing ballot initiative passed in Los Angeles history (Howard Jarvis Taxpayers Association v. City of Los Angeles). The team continues to litigate a fair housing lawsuit against the City of Los Angeles for obstructing the Venice Dell Community affordable and permanent supportive housing project (LA Forward Institute v. City of Los Angeles).