Can a regulation require a person to waive a constitutional right in conjunction with the receipt of a welfare benefit?
California, United States of America
The following excerpt is from People v. Rhoades, C078140 (Cal. App. 2018):
Defendant cites Parrish v. Civil Service Commission (1967) 66 Cal.2d 260 (Parrish) for the proposition that a regulation cannot require a person to waive a constitutional right in conjunction with the receipt of a welfare benefit, unless the condition is rationally related to the governmental purpose, the value of the condition outweighs a waiver of rights, and there are no alternative means that are narrowly tailored.
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