May 2002

Views expressed are those of the authors, not necessarily of the AFSC.

One Strike for Some, Many for Others

Holly Sklar is coauthor of Raise the Floor: Wages and Policies That Work For All Of Us (www.raisethefloor.org). She can be reached at hsklar@aol.com.
Reprinted by permission of the author. © Holly Sklar

At the Mobilization in Washington DC, April 20. Photo: Louise Dunlap

Barbara Hill's grandson was caught smoking marijuana in the parking lot of her Oakland public housing complex. Barbara Bush's granddaughter, Noelle, was arrested a few blocks from the Florida governor's mansion occupied by her father Jeb. Posing as a doctor, Noelle had called in a phony prescription for the narcotic Xanax.

The Supreme Court just ruled it's legal for Barbara Hill to be evicted from her home of 30 years because of her teenage grandson's first-time offense. Hill and three other elderly public housing residents had challenged the federal "one strike and you're out" policy.

The policy promotes evicting families who live in public housing or receive rental subsidies if any household member or guest engages in criminal activity, alcohol abuse, or illegal drug-related activity on or off the premises. Tenants must not only be innocent themselves, they must prevent wrongdoing by others, even if they know nothing about it. Thousands of people have been evicted nationwide, including battered women evicted because a crime occurred when their husbands beat them.

There is no law saying politicians' families should be evicted from public executive housing if their family members or guests are arrested.

About 14 million Americans have used illegal drugs in the past month, mostly marijuana, according to government data. Imagine if everyone they lived with or visited could be thrown out of their homes--or lose their mortgage interest deduction, which is the government's biggest housing subsidy.

What if the Bush family lived in low-income public housing instead of the White House and governor's mansion? The President's daughters, Barbara and Jenna, were arrested for underage drinking. Jenna has two strikes. Noelle's brother George P. Bush was reportedly arrested for burglary and criminal mischief when he was 18. The President's brother Neil got off easy with a fine for his role in the costly Savings and Loan scandal--the Enron swindle of its day.

While candidate Al Gore acknowledged smoking marijuana in college, candidate George W. Bush deflected questions about cocaine and other drug use with his famous line, "When I was young and irresponsible, I was young and irresponsible."

George Bush was a 30-year-old adult when he was arrested for drunk driving. Barbara Hill's grandson is young and the government holds her responsible.

While considering the one-strike policy, Supreme Court Justice Ginsburg asked if there were any time or place limits in enforcing it. Assistant Solicitor General Jim Feldman responded, "Place is not relevant. A drug crime can occur 3,000 miles away and still be related. And there's no time limitation either."

Barbara Bush's granddaughter is a repeat offender who has endangered herself and others. According to Florida motor vehicle records reported in the press, Noelle Bush has been involved in three car accidents, received seven speeding tickets, and been cited for five other traffic violations since 1995. She faced up to five years in prison for her felony arrest for Xanax. Instead, charges will be dismissed if she successfully completes a drug treatment program.

Noelle Bush has been treated for drug addiction in the past. In the real world, drug abusers come from all walks of life and addiction doesn't end just because parents or grandparents want it to. It often takes repeat treatment. Noelle is lucky her family can afford it.

In the war on drugs Noelle's father and uncle shape, prevention is shortchanged, nonviolent drug offenders can get longer sentences than murderers, and waiting lists for subsidized drug treatment are hopelessly long.

Unfortunately, lawmakers don't do unto others what they would have others do to them. The powerful live by different rules.

For public housing residents, double standards mean a grandchild's marijuana joint can mean homelessness for the whole family.

Double standards mean that the majority of drug users are white, but the majority of drug possession offenders in prison are black and Latino.

The list of one strike, you're out drug rules for low-income people is growing. One strike, you're out of public housing. One strike, goodbye to federal college financial aid. One strike, a life sentence of ineligibility for welfare.

Lawmakers should pass policies that make sense and laws that fit the crime, whether they are committed by members of their own family or another.

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