vital case on the calendar is born versus phoenix house failed to allege that phoenix house violated his rights in part because plaintiffs participation in phoenix house a drug rehabilitation program was voluntary  graduates correct and i think the joyal case that we cite in our brief really gets to that point because when you're participating in a drug rehabilitation program you're paying for that service everyone who comes to phoenix house is i work element of a therapy program is is why the established as a integral and important part of the therapy program if you like sites that i'm happy to provide them now or in a letter brief later those every claimed that not everybody who work who is it phoenix house who i don't think that that is an allegation and in fact this is a pro se and he does  i'm trying to see if you're complaining and i i think that i don't think he claims that no one has to work i think what he claims is that you know he let soon as he arrived he was informed not everyone with complete suggests that some people don't ok i think that as soon as he was and as soon as he arrives plaintiff admits that he was informed that the work element was part of the therapy phoenix so if you look at what plaintiffs allege the type of work that he did first of all there's no indication that he participated in regular commerce right the things that he did were part of that the maintenance and phoenix house itself how does that feel used how does that help us treatment so a key part of drug rehabilitation therapy is vocational therapy because it helps you take care of yourself right i mean it helps you prepare to be your sponsible part of society and and and support yourself so can i point out maybe one statute really quickly that says  t this is fourteen and y c r r eight nineteen point eight b clinical services intensive residential services are required to provide a minimum of forty hours per week within a structured therapeutic environment consisting of the services identified in section one thousand point four each service shall ensure that a comprehensive and appropriate range every of politics of services are available to each resident such services include a vocational services such as vocational assessment job skills training and employment readiness training i think it's pretty undisputed they vocational training is a very key part of drug treatment rehabilitat discusses pre book ational training which is much of what plan it describes in his complaint pre book ational training is the process of developing the patient's functional competence to be able to participate effectively in vocational training in work to ok so i have three things to say about that first there's no indication that anything he did was part of regular market it's things like was part of the regular market nothing he wasn't producing anything that was sold in commerce right he was at the front desk sitting next to a staff member relaying information he was taking out the garbage things like that second are your people to do both things if you don't have somebody to do them for you right one point to the point about how someone was sitting next to him right there they are training people the person the people they have hired are training the patients on how to support themselves and that statue i just cited retrieving everybody who yes no they're treating everyone that's a key part of training is a key part of phoenix house program for everyone just to finish out that statute but it wouldn't necessarily have to be the same training for each no no of course and you're and you progress you're saying is as the person is working the and he didn't do anything to contribute to commerce and there's no indication that phoenix house considered him an employee or that he consider himself an employee and so there's just no part of the standard here that's met and i do think that part of that goes back to the voluntary nature of his participation and to that end i think there is a statute that's very instructive which is new york rules and regulation title fourteen to fourteen c r and why part eight fifteen point fo g participation in a chemical dependency service is voluntary and no provider shall forced or coerced any person to enter or remain a patient's failure to complete treatment required by judicial mandate may have legal consequences to the patient under the terms of such mandate but nevertheless treat remains voluntary i think that makes it pretty clear you'll see that this was voluntary it was voluntary because he had been convicted if he had not been seeing you go to jail or were agreed to something like this violates with thirteenth amendment there are cases of that but since he was convicted it so under said so i went what was the was there any expectation on his part that there would be any compensation now and the fact that there is no compensation or expectation of compensation how  analysis as you see it so under the oil and under the economics reality test monetary compensation played no role in his decision to join the program and not waste against  what if what if he didn't expect compensation but he winds up doing things that he didn't think he would be doing and for which he thinks he should be paid right then we're getting pretty far afield the issue here which is that he entered a drug rehabilitation program he didn't he's not going to a spa right you do have to work hard if you're trying to billet rehabilitate yourself from addiction that is a hard thing to overcome and that's why phoenix house has rules and regulations that patients must follow that's an important part of their therapy program people kept all the rules there's no hope that they're going to succeed that phoenix house can't wave a magic wand and heal people people have to do things they don't want to do sometimes they're uncomfortable that doesn't change the fact that it's rehabilitation for addiction they're offering a service to its patients a service that they have to pay for on the statute of limitations issue in the n f l with respect to but i just wondered if you were if you knew anything about that because my question there would be at what stage of the litigation do the court make that was a summary judgment or was it to be sex but we can find that out i am not familiar with that ok add one more thing i wanted to raise this court that i think it sounds like everyone's on agreement about the section one thousand eighty three claims which is great i would like to point out that although the case law is largely to you yeah yeah i guess that's true but the case law is largely on our side on that in respect to whether or not phoenix house of the state actor there are those two cases in the southern district that indicate that it's possible that  a private rehabilitation organization is acting under under color of state law when it treats for many patients because of that this is an open issue in the circuit and it would be very helpful to phoenix house if there is a decision from the second circuit clarifying consent and not only does the patient have to give consent but even still the rehabilitation center is limited to only providing clinical and therapeutic information is specifically says that  a drug rehab center is barred from providing any information involving any recommendation or suggestion of any legal action or consequence such as court intervention green man custody violation or incarceration so any power that phoenix  to report on a plane in a patient's progress must be given by the patient himself in this case the plaintiffs attach his consent form as exhibit a to to his brief additionally it's clear that phoenix house has no authority to even suggest drug rehabilitation facility for treatment to overcome drug addiction is an employee of the facility that it is paying to help treat it especially given when you look at the different statutes and the federal papers and everything that indicates that vocational therapy is an integral part of drug treatment for everyone the idea that under the f l s say that those people would be employees i think it's joyal said the two of his says it doesn't make any sense it seems like something that is so far out there that that's why i say didn't even anticipate that that would be an issue because if there is that doesn't make sense going into course you've got to approach a plane if you want if there's a showing of that face on the part of a real not nothing you could feed sounds some other place that is exploiting people and they're working and somehow there's money being made and is being pocketed by the agency and it's not being used necessarily for rehabilitation is secondary right if that kind of a situation were to occur then i think we'd have a different case i think you're right and  what is going on and i think you can say it's called the six because it just simply does not satisfy the economics reality test and just back to phoenix house that the plaintiff actually complained to the department of labor