vol. 48, no. 2

Volume XLVI

"7 remember sitting in the County Jail

in San Leandro in 1942 after I had been

arrested by the FBI and charged with

, remaining in a military area from which

all Japanese had been ordered to evacu-

ate,"' said Fred Korematsu, a Japanese

American born and raised in Oakland.

"My jailers told me there was someone

to see me - and I wondered, who could

it. be? I was 23 years old and all my

friends and relatives had by then been

evacuated to the internment camps.

`Forty years later, I still remember

how pleased I was that my mysterious

visitor was Ernie Besig, director of the

American Civil Liberties Union of

Northern California. He had sought me.

out after hearing of my case.'"'

The memorable visit from the ACLU-

NC director eventually led to the ACLU-

NC representing Korematsu all the way

up to the U.S. Supreme Court in his

fight against the unconstitutional and

discriminatory wartime exclusion and

forced relocation of over 120,000 Japan-

ese Americans. In 1943, however, in one

of the bleakest moments in U.S. history,

the high court upheld the extraordinary

wartime measure on the grounds of

"`military necessity at a time of immedi-

ate danger."' :

But that decision was not to be the end

of the Korematsu case.

School

by George Kelly

What do ``Soul on Ice,'' "`Slaughter-

house Five,'' ``The Naked Ape,'' and

Ms. magazine have in common?

All have been either put on a restricted

list or banned by school boards. And, if

the ACLU-NC wins the latest round in a

legal battle against the Mt. Diablo Uni-

fied School District in Contra Costa

Superior Court, Ms. will join the other

publications back on the shelves.

March 1983

Japanese American Internment

Three Seek to Overturn Wartime Conviction:

STT56 yen2

At a national press conference held at the San Francisco Press Club in January, Fred Korematsu, Minoru Yasui, and

Gordon Hirabayashi (1.-r.) announced their lawsuit seeking to overturn their wartime convictions for violating the military

curfew and relocation act forced on Japanese Americans.

On January 19, 1983 the Committee

to Reverse the Japanese American War-

time..Cases..filed a petition in U.S. Dis-

trict Court in San Francisco to reverse

the conviction of Fred Korematsu. Simi-

lar petitions on behalf of Gordon Hir-

abayashi, convicted in the state of Wash-

ington for violating the curfew and re-

fusing to report for evacuation, and

Minoru Yasui, an attorney from Port-

land, Oregon convicted of violating the

military curfew order, were filed in fed-

feminist magazine. A 3-2 vote on June

26, 1980 - with the crucial votes coming

from board members who had not read

an entire issue of the magazine - al-

lowed Ms. to be used only at high

schools, on the ``reserved"' shelf of the

library, and only by students who could

obtain written permission from both a

parent and a teacher.

These severe restrictions are tanta-

mount to a ban on the magazine, con-

tend ACLU-NC cooperating attorneys

It has been almost three years since the

Mt. Diablo school board, bowing to an

organized campaign by parents objecting

to ``moral impurity'? - and ignoring the

recommendations of the board's own

handpicked committee - restricted the

Rochelle Alpert and Jack Londen of the

San Francisco law firm of Morrison and

Foerster, in a motion for summary judg-

ment. The motion asks the court to make

a final judgment in the case of McKamey

v. Mt. Diablo Unified School District.

eral court in Washington and Oregon

respectively.

The Committee to Reverse the Japan-.

ese American Wartime Cases includes

over a dozen attorneys who are donating

their time to the case. Many are third

generation Japanese Americans whose

parents were interned, Peter Irons, a

political science professor at U.C. San

Diego and Dale Minami, a San Francisco

attorney and founder of the Asian Law

Caucus, are lead counsel in the Kore-

Board is Ms.-Taken

The ACLU argument is backed up by

observations by school librarians in the

district who say that the restrictions have

virtually eliminated the use of Ms. by the

students. Carolyne Benning, librarian at

Ygnacio Valley High School, said, `"The

policy has effectively killed the use of the .

magazine. It very effectively discourages

the students, and about 5O percent of the

ones who request Ms. don't ever bother

to take the form home for a signature."'

In a 45-page memorandum accom-

panying the ACLU motion for summary

judgement, Alpert points out that similar

book banning efforts by school districts

around the nation have been held un-

constitutional. Most recently, the U.S.

Supreme Court in the ACLU lawsuit

Pico v. Island Trees School Board held

that the First Amendment does not

permit suppression of ideas in the school

library.

Testimony from the board meeting at

which Ms. was restricted showed the

action was taken ``because the majority

on the board - and in their view, the

community - objected to the lifestyles

allegedly portrayed - lifestyles con-

sidered to be immoral. That is not a

- constitutional reason,"' Alpert argues.

The ACLU brief also asserts that it is

unconstitutional for the board to give

continued on p. 6

matsu case. The ACLU-NC is support-

ing the petition with an amicus brief,

which is being prepared by cooperating

attorneys Stephen Bomse, Andrea Peter-

son, and Michael Shepard of the San

Francisco law firm of Heller, Ehrman,

White and McAuliffe and ACLU-NC staff

attorney Margaret Crosby.

Government Misconduct

The petitions of Korematsu, Hirabay-

ashi and Yasui for writs of error coram

nobis are based on evidence of flagrant

government misconduct during the ori-

ginal trials. Coram nobis is a rarely used

legal procedure to obtain reversal of a

conviction. It is used to correct funda-

mental errors that affect the validity of

legal proceedings.

The petition accuses top government

officials and attorneys of suppressing, al-.

tering and destroying key evidence in

order to influence the outcome of these

important cases.

"The importance of this petition is

that the evidence for reversing these con- ~

victions comes from the government's

own files,' said Irons. ``Records. show

that the efforts of government lawyers

who objected to the suppression of evi-

dence were rejected by high-ranking of- -

ficials."'

Irons has recently uncovered docu-

ments through the Freedom of Informa-

tion Act and other research which dis-

prove the grounds of ``military neces-

sity'? on which the wartime convictions

were based.

``The finding of `military necessity' by

the Supreme Court was based on govern-

ment. representations that Japanese

Americans were committing espionage

and sabotage by signaling enemy ships.

The Court also accepted government ar-

guments that the loyalty of Japanese

Americans was suspect,'' explained

Minami.

The allegations of espionage, sabotage

continued on p. 4

aclu news

march 1983

Daphne Macklin, New Lobbyist in Sacramento

In January, Daphne Macklin joined the ACLU staff as Legislative Advocate in

Sacramento. Macklin and Brent Barnhart will both be lobbying for the ACLU from

the legislative office jointly operated by the ACLU-NC and the ACLU of Southern

California. An experienced lobbyist, Macklin still found some surprises during her

first few weeks in the state capitol. Below are some of her first.impressions.

It is a rare occasion when a client of

the ACLU turns up a few months later

as a staff member of the organization -

but the January appointment of Daphne

Macklin as the ACLU-NC Legislative

Advocate in Sacramento is just such an

occasion. And it is because Macklin is a

rare person indeed.

Last September, the ACLU went to

federal court to appeal the denial of a

permit by the Richmond Police Depart-

ment to the NAACP for a march and

rally protesting racism and police abuse

by Richmond police officers. The ACLU

represented NAACP member Macklin,

the person who first applied - and was

turned down - for the permit. But her

role in the Richmond drama did not end

there. Macklin was also a key organizer

of the demonstration (which was allowed

after the successful ACLU court action),

media coordinator, speaker at the rally,

and a prime mover in amplifying the

black community's complaints against

the Richmond police. Macklin brings

many talents to the office of the ACLU-

NC lobbyist.

A St. Louis native, Macklin studied

political science at the University of Chi-

cago and graduated from U.C. Berke-

ley's Boalt Hall School of Law. As a leg-

islative consultant to the NAACP Re-

gional Office in San Francisco, she

played a key role in the NAACP's lobby-

ing effort during the 1980 reapportion-

ment process. She also conducted legis-

lative research and public education on

affirmative action in higher education,

affirmative action in minority hiring and

contracting by public agencies, police

brutality and the use of deadly force for

the NAACP.

Macklin dates her interest in the

ACLU back to Chicago where she was a

student during the Skokie case: `"The

Nazis originally tried to march on Chica-

go's South Side where they were intent

on stirring up a riot between blacks and

whites,'' she recalls. ``I realized then that

- especially in such a difficult situation

- if one does not put basic constitu-

tional principles ahead of the concerns of

the moment, there is a potential danger

to our vital civil liberties. I felt that the

ACLU did put those fundamental prin-

ciples in the forefront."'

Macklin has long had an interest in

constitutional law and is looking for-

ward to wedding her interests with the

organization that she sees as "`having the

Constitution as its major client."

`*At a recent legislative hearing, I was

surprised to hear one Legislator call for

putting more people in prison until they

were 17 deep in a cell,'' Macklin says. -

``Perhaps he was just saying it for the

rhetorical impact, but that kind of state-

ment really illustrates the need for comp-

rehensive information to guide those

who make political decisions affecting

us all."'

There are many arenas, Macklin says,

. where dangerous proposals are being

made - from video cameras in school

classrooms to diminishing the rights of

welfare recipients. ``In the guise of pro-

tecting people from imagined dangers,

politicians are creating a government

that is too big, and too nosy. It is ques-

tionable that they will accomplish what

the people really want."'

Macklin says that she is looking for-

ward to educating people about the Con-

stitution - both within the Legislature

and throughout the state. Given the

other new faces in Sacramento this year,

her new job is sure to be an exhausting

one.

Week One: It is a busy pre-dawn, here

in the Capitol's shadow. Although the

Governor and the Legislature are preoc-

cupied with the budget crisis, new bills

and proposals are being discussed and

prepared for printing. This is actually

twilight time for new legislation. Veteran

ACLU Legislative Director Brent Barn-

hart accurately predicts some of the

trends that appear in the early wash of

Senate and Assembly bills: a heavy em-

phasis in the criminal justice arena -

particularly matters concerning the evi-

dence code (fall-out from Prop. 8),

drunk driving and juvenile offenders.

But there are more positive trends, par-

ticularly ACLU-sponsored legislation

concerning police abuse, strip searches

and access to confidential information

by civilian investigation boards.

I'm also getting to know the cast of

characters here. In addition to Brent,

there is Sally Smith, ACLU's Legislative

Assistant. Most of the neighbors in our

building are lobbyists too, and down-

stairs, at a local bar called The Lobby, a

steady stream of notables meet and con-

fer on a regular basis. Work here is by no

means solitary.

Week Two: The last week of January

marks a special occasion, the Tenth An-

niversary of the Roe v. Wade decision by

the U.S. Supreme Court. Sally Smith co-

coordinated the commemorative event

in Sacramento, scheduling visits with

Assemblymembers and Senators for

Pro-Choice Advocates (see story p. 8).

On January 24, Sally is frantic but

pleased, as there has been a good turn

out, excellent. press coverage, and the

star attraction is attorney Sara Wedding-

ton, who at the age of 26 argued Roe be-

fore the Supreme Court.

The next day is my Capitol debut, as I

testify before the Senate Judiciary Com-

mittee against a perennial horror: SB 34

would make it a misdemeanor to file a

false complaint against a police officer. I

am. warned not to take the committee's

decision to vote SB 34 out to the Senate

floor as any sort of defeat, as few poli-

ticians want to be labeled ``anti-police''

this early in the session. It is reassuring to

know that similar legislation has failed in

recent sessions, and that the Assembly

Committee will be more critical of the

claim that the public interest will be

served by limiting peoples' right to com-

ment on the conduct of government

agents.

Week Three: The pace agrees with me.

I spend time reviewing new bills which

may touch on an ACLU interest (they go

on the ACLU watch list), preparing for

future testimony, and discussing ACLU-

sponsored legislation with Capitol staff

members. The bills on our watch list now

~ number in the 400's, and I look forward

to using this column in the future to

keeping ACLU-NC members apprised

of our progress.

Daphne Macklin

Pau! Anderson

wag

eRe : Cy

1 a 1

cs

oe.

Butchering the Budget - A Capitol Offense

by Daphne Macklin

' ACLU Legislative Advocate

The state Budget submitted by Gover-

nor George Deukmejian is a massive

document full of hidden dangers and

ambush assaults on civil liberties.

A priority concern in the Governor's

budget is to cut the staff of the State

Public Defender's Office by half. Argu-

ably, this is an austerity measure, but

one with major political overtones and

significant civil liberties implications.

The California State Public Defender

is considered one of the best programs of

its kind in the United States and one of

the most cost-effective, not only in its

own operations but in its potential im-

pact throughout the appellate system.

Proposed staff reductions would reduce

the number of attorneys from 100 to 50.

The Governor's proposal neatly assumes

that the caseload and work product of

the office will also be halved accordingly.

- Thirteen years ago, when the State

Public Defender program was being

considered to replace the system of ap-

pointment of private counsel, an Assem-

bly Committee concluded that:

. most of today's appellate ap-

pointments are handled by recent ad-

mittees to the bar, marginal lawyers

who have done poorly in private prac-

tice and are willing to work for sub-

standard fee, and retired lawyers. . ."'

(emphasis in the original.)

Since the inception of the State Public

Defender program, however, private ap-

pointed counsel have had access to a pro-

fessional staff with resources designed to

assist these appellate practitioners. Addi-

tionally, specialized training is offered

which significantly reduces ` the

workload, and hence the costs the state

now pays to the private counsel who cur-

rently do about 60% of the criminal ap-

peals statewide.

There are many good arguments ;

against such a massive, and in all likeli-

hood, lethal cut to the budget of this ex-

eo program. Primarily, there will

be no similar reduction of the Attorney

General's budget and staff with whom

the State Public Defender has compar-

able costs and responsibilities. This dif-

ference also highlights the extremely

political nature of this budget cut.

Law-and-order interests always insist

that the criminal justice system is biased

in favor of the defendant. And to satisfy

this confused cry for bloody vengeance,

the state agency designed to protect the

criminal defendant's constitutional right

to adequate and effective counsel is

about to be sacrificed.

Even without reaching the constitu-

tional issues, the obvious problem is still

money. Costs will clearly increase be-

cause of the increased reliance on

appointed counsel. The lowered overall

continued on p. 5

Elaine Elinson, Editor

aclu news

8 issues a year, monthly except bi-monthly in January-February, June-July,

August-September and November-December -

Second Class Mail privileges authorized at San Francisco, California

Published by the American Civil Liberties Union of Northern California

Davis Riemer, Chairperson Dorothy Ehrlich. Executive Director {

Marcia Gallo, Chapter Page i)

_ ACLU NEWS (USPS 018-040)

1663 Mission St., 4th floor, San Francisco, California 94103. (415) 621-2488

`Membership $20 and up, of which S0 cents is for a subscription to the aclu news

I and 50 cents is for the national ACLU-bi-monthly Bunion, Civil Liberties.

-

aclu news

march 1983

Prying Open the Boys Club

By Paul Glassner

~ Can the Santa Cruz Boys Club restrict

its membership to boys only despite the

Unruh Civil Rights Act prohibition on

sex discrimination in business establish-

ments? The ACLU-NC argued that the

Club must open its membership to girls

at a hearing before the State Court of

Appeal in February.

The ACLU suit, [sbister v. Santa Cruz

Boys Club, was originally filed in May

1979 on behalf of three girls who were

denied admittance to the Club and two

boys who belong to. the Club but claim

that the membership policy deprived

them of their right to a nondiscrimina-

tory environment.

In November 1979, the Santa Cruz Su-

perior Court agreed with the ACLU and

ruled that the Boys Club must admit girls

on an equal basis with boys. However,

the Boys Club was granted a stay of the

judgment, immediately appealed the

ruling, and the court decision to open up

membership has never been implemented.

Free and Equal

The Unruh Act states, ``All persons . .

are free and equal, and no matter what

their sex, race, color, religion, ancestry

or national origin are entitled to the full

and equal accomodations, advantages,

facilities, privileges, or services in all

business establishments of every kind

whatsoever."'

9

GEE

The Boys Club is located in central

downtown Santa Cruz, advertises its

unique facilities and services to the gen-

eral public, and receives about 15% of its

operating funds from the local United

Way. At present, the Club membership

is oven only to boys aged 8 to 18 who

pay a yearly $3.25 fee. :

The ACLU suit argues that the prohi-

bition against sex discrimination in the

Unruh Act applies to a non-profit com-

munity facility, such as the Boys Club,

that is open to all young people - unless

they happen to be girls.

The Boys Club defends their discrim-

inatory policy by arguing that the Club

was designed to prevent juvenile delin-

quency and that there is a greater delin-

quency problem among boys. In re-

sponse, the ACLU is arguing that such

assumptions based solely on gender con-

stitute impermissible sex discrimination.

"This lawsuit is especially significant

because of its impact on children,'' ex-

plains ACLU-NC cooperating attorney

Diane Thompson. ``A favorable ruling

would bring down some walls of exclu-

sion among citizens who are just forming

their opinions about the nature of society.

"It would mean that children may

never learn an arbitrary distinction be-

tween the sexes - that girls and boys

should be treated the same, based on

their individual actions,'' she added.

The case is being handled by cooperat-

ing attorneys Thompson and Susan M.

Popik of the San Francisco law firm of

Rogers, Joseph, O' Donnell and Quinn, co-

operating attorney Susan Paulus, and

ACLU staff counsel Alan Schlosser.

The ACLU is asking the Court of Ap-

peal to uphold the lower court judgment

ordering the Boys Club to admit the girls

and to make the necessary alterations in

its facilities to accomodate girl members.

`"`While discrimination

individual acting in a private capacity

may be repugnant,'' argues Thompson,

"when such an act involves a com-

munity facility - one which is supposed-

ly dedicated to the betterment of the"

community it serves - the message of

humiliation and stigma conveyed is of

much greater significance."'

A ruling is expected by early summer.

Freelance writer Paul Glassner is a

volunteer with the ACLU News.

by an.

Ruling in Police

Street Sweep Trial

In a memorandum issued on January

25, San Francisco Superior Court Judge

Lawrence Mana ruled that city police

officers have lawfully used an obstruc-

tion of the sidewalks law to make arrests

in San Francisco's Tenderloin, Union

Square and Polk Street districts. The

judge rejected ACLU arguments that the

law is used to ``sweep the streets."

The tentative opinion followed a

lengthy trial in which ACLU-NC staff

attorney Amitai Schwartz introduced

voluminous records to show that hardly

any of the people picked up under Code -

Section 647c were ever charged or con-

victed of any crime.

The taxpayers' suit, Ramey v. Mur-

phy, was originally filed in November

1980. Between August 1980 and July 31,

1982, almost 3500 arrests were made for

obstructing the sidewalk. Evidence intro-

duced at the trial showed that only 6%

proceeded beyond the first appearance in

court and only 16 cases resulted in con-

victions, all by guilty pleas.

`Naturally we are disappointed with

the ruling,'' said Schwartz, ``as the pat-

tern of harassing street people still con-

tinues. However, the case raises some

difficult legal questions which will have

to be resolved in higher courts. We will |

appeal the judgment."' ACLUN_1946 ACLUN_1946.MODS ACLUN_1947 ACLUN_1947.MODS ACLUN_1948 ACLUN_1948.MODS ACLUN_1949 ACLUN_1949.MODS ACLUN_1950 ACLUN_1950.MODS ACLUN_1951 ACLUN_1951.MODS ACLUN_1952 ACLUN_1952.MODS ACLUN_1953 ACLUN_1953.MODS ACLUN_1954 ACLUN_1954.MODS ACLUN_1955 ACLUN_1955.MODS ACLUN_1956 ACLUN_1956.MODS ACLUN_1957 ACLUN_1957.MODS ACLUN_1958 ACLUN_1958.MODS ACLUN_1959 ACLUN_1959.MODS ACLUN_1960 ACLUN_1960.MODS ACLUN_1961 ACLUN_1961.MODS ACLUN_1962 ACLUN_1962.MODS ACLUN_1963 ACLUN_1963.MODS ACLUN_1964 ACLUN_1964.MODS ACLUN_1965 ACLUN_1965.MODS ACLUN_1966 ACLUN_1966.MODS ACLUN_1967 ACLUN_1967.MODS ACLUN_1968 ACLUN_1968.MODS ACLUN_1968.batch ACLUN_1969 ACLUN_1969.MODS ACLUN_1969.batch ACLUN_1970 ACLUN_1970.MODS ACLUN_1970.batch ACLUN_1971 ACLUN_1971.MODS ACLUN_1971.batch ACLUN_1972 ACLUN_1972.MODS ACLUN_1972.batch ACLUN_1973 ACLUN_1973.MODS ACLUN_1973.batch ACLUN_1974 ACLUN_1974.MODS ACLUN_1974.batch ACLUN_1975 ACLUN_1975.MODS ACLUN_1975.batch ACLUN_1976 ACLUN_1976.MODS ACLUN_1976.batch ACLUN_1977 ACLUN_1977.MODS ACLUN_1977.batch ACLUN_1978 ACLUN_1978.MODS ACLUN_1978.batch ACLUN_1979 ACLUN_1979.MODS ACLUN_1979.batch ACLUN_1980 ACLUN_1980.MODS ACLUN_1980.batch ACLUN_1981 ACLUN_1981.MODS ACLUN_1981.batch ACLUN_1982 ACLUN_1982.MODS ACLUN_1982.batch ACLUN_1983 ACLUN_1983.MODS ACLUN_1983.batch ACLUN_1984 ACLUN_1984.MODS ACLUN_1985 ACLUN_1985.MODS ACLUN_1986 ACLUN_1986.MODS ACLUN_1987 ACLUN_1987.MODS ACLUN_1988 ACLUN_1988.MODS ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_1999 ACLUN_1999.MODS ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch add-tei.sh copy-create-manuscript-batch.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log

Schwartz added that he was awaiting

the final judgment by Judge Mana be-

fore preparing the appeal.

The ACLU suit sought a declaratory

injunction from the court that the police

use of Section 647c is unconstitutional

and illegal. The suit also sought an in-

junction preventing the police from en-

forcing Section 647c in the absence of

probable cause for arrest and a good

faith belief that conviction would follow.

In his intended decision, Judge Mana

wrote, ``The Court finds that while there

are prosecutions by the District Attorney

for violations of Penal Code Section

647c, the prosecutions by the District

Attorney of such arrests have the lowest

priority of all misdemeanor prosecu-

tions.

`The Court concludes that despite the

- District Attorney's exercise of his dis-

cretion not to prosecute the greater

number of arrests for the violation of

[Section 647c], the Police Department is

nonetheless justified in its policy of

making arrests for the violation...

whether in fact the police officer is suc-

cessful in securing a complaining witness

or not,'' Mana wrote.

A final judgment in the case is due

shortly.

CORRECTION: In last month's

ACLU News article, ``Field ~

Committee Sets Priorities,'' the quote

attributed to Judy Newman of the

Draft Opposition Working Group

should have read, ``We must educate

people about the current status of re-

gistration activities by the Selective

Service System; the recent court deci-

sions, both favorable and

unfavorable; the status of indictments

for failure to register; the Soloman.

Amendment tying student loans to

draft registration and the Sabo-Green -

Bill, HR 1050, which rescinds the

funds for registration from the

Selective Service budget. We should

also identify resources, counselors,

and legal help in _ northern

California."'

We regret any misunderstanding

which may have arisen from the

original quote. :

Gay Rights Chapter

Membership Notice

ACLU members in northern Cali-

fornia are routinely placed on the

membership lists of local chapters ac-

cording to geographic area. There are

two exceptions: (1) those members 0x00B0

who live in areas where no local chap-

ter is currently organized are identi-

fied as ``at large'? members; (2) any

ACLU member may request to be

part of the only non-geographic chap-

ter in northern California - the Gay

Rights Chapter.

The mature. of - ACLE?s-

membership records system is such

that when ACLU members move,

they are reassigned to a new chapter.

When Gay Rights Chapter members

have moved, many have been routine-

ly reassigned to a new geographic

chapter, with the result that interested

ACLU members frequently lose

touch with the Gay Rights Chapter.

Any ACLU member in northern

California who wants to be a member

of the Gay Rights Chapter, or who

wants to confirm that she or he is

already on the Gay Rights Chapter

membership roll, should call or write

the Membership Department, ACLU

of Northern California, 1663 Mission,

#460, San Francisco 94103, 415/621-

2493.

aclu news

march 1983

4

continued from p. 1

and disloyalty were contained in an offi-

cial document called the Final Report, is-

sured by Lt. General John DeWitt, who

ordered the evacuation and internment.

`These same allegations were repeated,

often verbatim, in the government briefs

in the three cases,'" Minami said.

But the documents unearthed by Irons

indicate that the Justice Department and

the War Department were aware of high

level reports from the Office of Naval In-

telligence, the FBI, the FCC and the

Army's own Military Intelligence Divi-

sion which directly refuted espionage,

sabotage and disloyalty allegations.

These reports, which undermined the

`military necessity'? claims, were inten-

tionally withheld from the Supreme

Court, the petition argues.

Fred Korematsu

For example, one memo which has

come to light is from Justice Department

attorney John Burling in which he

stated, ""You will recall that General

DeWitt's Final Report makes statements

concerning radio transmitters and ship-

to-shore signaling which are categorically

denied by the FBI and the Federal Com-

munications Commission. There is no

doubt that these are intentional false-

hoods..."

Some of the key documents originate

from Edward Ennis, then director of the

Enemy Alien Control Division of the

Justice Department and the attorney re-

sponsible for drafting the Justice Depart-

ment briefs in original Korematsu, Yasui

and Hirabayashi cases. In one memo

Ennis wrote, "`The general tenor of the

[Final] Report is not only that there was

reason to be apprehensive but also to the

effect that overt acts of treason were

being committed. Since this is not so, it is

highly unfair to this racial minority that

these lies, put in an official publication,

go uncorrected."'

These previously suppressed docu-

ments are being used in the petition of

Lair Smyser

error coram nobis to prove that govern- -

ment officials fabricated the facts under-

lying the Supreme Court's finding of

``military necessity."'

"Many in our community might be-

lieve that their internment was the knee-

jerk response caused by wartime hys-

teria,'' said Minami. ``But this case re-

veals-that the internment was also a pro-

duct of calculated and cynical decisions

on the part of high officials " uphold

the evacuation at any cost - even if it

meant lying to the Supreme Court,"' he

added.

~ ACLU-NC executive director Dorothy

Ehrlich explained that in addition to re-

Photo courtesy of Japanese American Citizens League

The Congressional Commission on Wartime Relocation and Internment of

Civilians, after extensive hearings over the last two years, has just published its

conclusions that the incarceration of over 110,000 Japanese Americans was

based on racism and wartime hysteria and blames numerous high level federal

officials for complicity in this massive violation of constitutional rights.

presenting Korematsu, the late ACLU

attorney Wayne Collins also wrote

amicus briefs in the original Yasui and

Hirabayashi cases. ``Now that almost

half a century has passed,"' she said, ``we

maintain our whole-hearted support of

the efforts of the Japanese American

community and all those who oppose

discrimination, government-sanctioned

or otherwise.

years in county jail, federal prison and

the Tanforan and Topaz relocation cen-

ters, returned to the Bay Area where he

now works as a draftsman. Yasui, who

spent 9 months in solitary confinement

in Multnoma County Jail as well as

several months in the Mindoka Reloca-

tion Camp, is now the executive director

of the Denver Commission on Com-

munity Relations. `

Photo. courtesy of Japanese American Citizens League

Lt. General John DeWitt, who ordered the evacuation and internment, said,

"...a Jap's a Jap. They are a dangerous element, whether loyal or not. We

must worry about the Japanese all the time until he is wiped off the map."'

"We are confident that justice will

now be done, based on the new evidence |

painstakingly obtained and a new poli-

tical awareness of racial and ethnic dis-

crimination. We join in this effort to in-

sure that such a travesty of justice will

never happen again," Ehrlich added.

Korematsu, after spending several

Hirabayashi spent 32 years in county

jails and federal prisons and then re-

turned to Seattle where he completed his

Doctorate in Sociology. He is currently

teaching at the University of Alberta in

Canada.

"The Constitution does not mean

anything unless it can stand up in a time'

Japanese American Wartime Cases

of crisis,'' Hirabayashi said at a San

Francisco press conference announcing

the new lawsuit. ``In 1942 the whole

system of government failed us. We

want to make sure that what happened

to us then doesn't happen again, to

anyone."

S.F. Schools

Drop

McCarthy Era

Form

"No pupil enrolled in any school of this

district shall join an organization which

is of such a nature as to engender an

undemocratic spirit in the pupils of our

public schools...This rule shall not be

construed to prevent any pupils from

joining the order of the Native Sons of

the Golden West, Native Daughters of

the Golden West, Foresters of

America...or anyother organizations

whose qualifications for membership are

acceptable to the Board of Education."'

Sound like a throwback to the McCar-

thy era? In that the form was first

adopted in 1948 it is. However, this same

language was still being used by the San

Francisco Unified School District as part

of the students' Emergency Address

Form up until February, 1983 when a

protest by ACLU-NC staff counsel Alan

Schlosser put a halt to its use.

Schlosser was contacted by a parent of

a student at Mission High School who

had brought the form home to be signed.

Upon inquiry, the parent was told that

the form was routinely distributed and

that all students were asked to get their

parents' signature.

Schlosser wrote the School District,

stating that the form was ``both a Cold

War anachronism and constitutionally

invalid. The vague prohibition against

membership in `undemocratic' or-

ganizations, the exception of specified

`patriotic' organizations, and the vesting

of standardless discretion in the Board of

Education - all these aspects of the

form are contrary to constitutional prin-

ciples,'' Schlosser wrote.

The form should no longer be used,

Schlosser argued and he requested

the school district to take affirmative

measures to discontinue its use through- .

out the school system.

In a February 16 letter to the ACLU,

the school district's legal advisor wrote

that she had instructed the Pupil Services

Department to delete the entire member-

ship prohibition from the form. The re-

vised form will be ready for distribution

in September, she wrote, adding, ``I am -

advising staff that they should imme-

diately direct site personnel to discon-

tinue the use of the current form."'

Recalling that it took an ACLU law-

suit to remove the loyalty oath require-

ment for teachers in the Richmond

School District, Schlosser said that he

was pleased with the San Francisco

School District's quick response. He

noted that the parent's action in bringing -

the form to the ACLU was especially sig-

nificant. ``Without this kind of citizen vi-

gilance, we would have a much more di-

fficult task in keeping government mind-

ful of the mandates of the Bill of

Rights,"' he said.

aclu news

ae) 1983

ACLU Challenges Ban on Door-to-Door Solicitation

by Evvie Rasmussen

A Contra Costa County ban on door-

to-door solicitation after 7 P.M. is being

challenged by the ACLU-NC in the Cali-

fornia Court of Appeal on First Amend-

ment grounds on behalf of Alternatives

for California Women, a non-profit or-

ganization which aids victims of domes-

tic violence. Contra Costa Superior

Court has upheld the ban as constitu-

tional.

When the case was first filed in 1979,

the county ordinance prohibited "`ped-_

dling and soliciting'? from 7 P.M. to 8

A.M., although the county recently

changed the ordinance so that the ban is

from sunset to sunrise. The ban covers

only those canvassers who solicit funds,

permitting others, including political

canvassers, pollsters and representatives

of religious organizations, to go door-to-

door.

`"`This is definitely a First Amendment

issue,"' explained ACLU-NC

Butchering the

continued from p. 2

quality of epresciation will also add to

court costs throughout the system. In

short, the attack on the State Public De-

fender is one of the first and most regres-

sive executive actions of the Deukmejian

Administration. How we react to this

significant challenge could set an im-

portant example for similar battles in the

next four years.

Police Complaints 3

In addition to the Governor's Budget,

threats to the criminal justice system are

coming from other quarters as well. SB

34 by Senator Presley which would make

it a misdemeanor to file a false complaint

against a police officer is just such a

threat.

This measure would have a substantial

chilling effect on the number of people

soeperiine attorney Lee Ann Hunting-

ton of the San Francisco law firm of

Morgenstein, Ladd and Jubelirer. Hunt-

ington is handling the case with ACLU-

NC staff attorney Alan Schlosser and

Robert Rosenfeld of Heller, Ehrman,

White and McAuliffe.

"The court must determine whether

the county can place a time limit on a

charitable group's solicitation activities,

and, if it can place such a limit, if it can

discriminate between people who go

, door-to-door to collect funds and those

who canvass for other purposes,'' Hunt-

ington explained.

`*The ordinance is an impermissible,

unnecessary restriction of free speech,"'

added Schlosser. ``Door-to-door canvas-

sing is important for grassroots organi-

zations like the ACW. It is a primary

tool used by ACW to educate the public

while collecting funds for counseling,

medical treatment and shelter for bat-

tered women. And it is one of the few

ways to raise funds tht does not cost a

Budget

Complaints are typically investigated

by other police officers who frequently

are biased in favor of their fellow of-

ficers. Hence, many complaints are re-

turned ``unfounded'"' or `"`unsubstanti-

ated.'' This does not necessarily mean

that the citizen's perceptions were false

or that the filing of the complaint was a

malcious act.

The existence of a number of com-

plaints about particular individuals, cer-

tain procedures or even the conduct of

officers in a particular neighborhood are

very important pieces of information for

police supervisors and other agency ad-

_ministrators. Much of this data would be

lost if individuals were to fear prosecu-

tion for an ``unfounded'' complaint.

And it must be remembered that com-

plaints and communications of dissatis-

faction are a constitutionally protected

r

te

who are willing to make an official com-

plaint against a police officer to a law en-

forcement agency. It would have an es-

pecially negative impact on minority

communities where police-community

relations are often already strained.

form of public redress and petition

against governmental excess.

SB 34 passed the Senate Judiciary in

January and is due to be heard by the

Assembly Committee on Criminal Law

and Public Safety.

/

=

lot of money."'

ACW volunteers had found 7 P.M. to

9 P.M. the ideal time for canvassing in

Contra Costa County, but volunteers

were threatened with arrest if they soli-

cited funds after 7 P.M. Because a ma-

jority of residents were not home during

the day, workers found soliciting during

prescribed hours virtually useless.

Because of the ordinance, ACW had

to give up its efforts in Contra Costa

County. Of the nine counties covered by

ACW, Contra Costa was the only one

which limited solicitation activities.

``The ordinance places a significant

barrier to ACW's ability to communicate

with people,'' explained Schlosser. `"The

ban violates not only the First Amend-

_ ment rights of ACW volunteers, but also

those of Contra Costa residents - es-

pecially victims of domestic violence.

ACW has found that battered women

cannot often seek assistance and door-

to-door canvassing may be the only way

they can find out where to get help."'

The county argued that the ordinance

protects citizens from criminals posing

as solicitors and protects the privacy of

citizens during evening hours.

But the ordinance does not stop crim-

inals from posing as canvassers who do

not ask for funds. And if one group is

allowed to infringe on the privacy of citi-

zens' evening hours, the ACLU-NC

maintains that another group cannot be

prohibited from the same activity simply

because they ask for contributions.

"Any cutback in free speech must be

supported by compelling reasons,'

Huntington explained. `In this case, the

free speech interest is much more strong-

ly supported than the reasons the govern-

ment has put forward in defense of the

ordinance."'

Public information specialist Evvie Ras-

mussen is a frequent.contributor to the

ACLU News.

New Info on the FOIA

Find out...before it's too late! Each federal agency keeps on file millions

of documents, records and reports on policy areas that touch the lives of

nearly all Americans.

Through the use of the Freedom of Information Act, passed in 1966, much

of that information is available to the public. The Act, guarantees citizens

the right to obtain documents from federal departments and agencies.

Congress strengthened the FOIA in 1974, and, in the same year, enacted the

Privacy Act, the law that allows individuals to obtain their Poeotat records

from the government.

The Reagan Administration has already placed restrictions on the use of

`the Freedom of Information Act, and would like to impose more. If you are

interested in finding out more about the FOIA and how to use it, now is the

`ime to act.

A new pamphlet, The Freedom of Information Act, Why It's Important and

How to Use It, has just been produced by the ACLU's Center for National

Security Studies and the Center for Political Rights. An abbreviated guide to

the FOIA, the pamphlet includes information on who uses the FOIA and

why, how to request information, time limits, exemptions, sample request |

letters and more.

To order your copy, send in the coupon below and enclose 50cent for

postage and handling. Or stop by the ACLU office to pick up a copy -

exercise your right to know!

Freedom of Information Act Order Form

____ The Freedom of Information Act pamphlet (postage and handling only)

____ Using the Freedom of Information Act: A Step by Step Guide ($1.50)

_____ The Privacy Act: How it Affects You and How to Use It (50cent)

____ Your Rights to Privacy, an ACLU handbook ($2.50)

piss enclose 50cent postage and handling on a// orders.)

Name

| Address es `

g City

2 a aS a a aD op ee ee

Zip

u Make checks payable to ACLU-NC and send to FOIA Literature, ACLU-NC, :

. 0x00A7 1663 Mission St., S.F. 94103, CA.

a Tebs Micslonen SF NO CAG

, aclu news

march 1983

by Andrew Barlow

On January 24, San Quentin Six de-

fendant Johnny Larry Spain won an im-

portant round in his twelve year fight

against murder and conspiracy charges

stemming from the 1971 uprising at the

state prison. A three judge panel of the

U.S. Court of Appeals upheld U.S. Dis- "

trict Judge Thelton Henderson's decision

that overturned Spain's conviction for

allegedly killing two prison guards

during an escape attempt. The ACLU-

NC supported Spain's appeal with an

amicus brief arguing that his trial was

marred by serious due process violations.

Although the decision effectively stops

further proceedings against Spain based

on his 1977 trial (which was at the time

the longest trial in California history),

the Marin County District Attorney has

already announced his intention to retry

Spain on the same charges.

Spain, the only Black Panther Party

member of the San Quentin Six, was also

the only one convicted on murder/con-

spiracy charges. Ironically, Spain was

also the only one of the six defendants

not accused of direct acts of violence

during the alleged escape attempt.

The central issue in the federal court's

reversal of Spain's conviction was the

trial judge's failure to disclose to either

the defense or the prosecution his

knowledge of a juror's prejudicial opin-

ions against the Black Panther Party.

_ During Spain's trial Marin County Su-

perior Court Judge Henry Broderick met

alone with a juror who believed that a

Black Panther had killed a close friend

of hers. This private meeting between

judge and juror had violated Spain's

right for counsel to be present at all court

proceedings, the federal court ruled. The

three judge panel chose not to comment

on Judge Henderson's opinion that the

shackling of Spain throughout the trial

may have violated the defendant's right

to a fair trial.

Ms.-Taken

continued from p. 1

parents a veto right over high schools

students' reading material. Several cases,

including one decided by the U.S. Su-

preme Court, have struck down laws re-

quiring parental consent for abortions.

The same principle applies here, the

ACLU argues.

Spain's trial lawyer, former Public

Defender Dennis Riordan, hailed the

Appeals Court ruling as an important

victory for defendants' rights. ``Judge

Henderson's decision is as good an opin-

ion on defendants' rights to protection

against shackling and the deprivation of

counsel as exists anywhere,"' Riordan

eo ra

nN Ue

said. He explained that the prosecution

had contended that the private conversa-

tions between the trial judge and the pre-

judiced juror, while a denial of the de-

fendant's contitutional right to counsel,

was a "`harmless error,'' that is, an error

that could not affect the trial's outcome.

Judge Henderson dismissed this argu-

ment, stating in strong language that the

deprivation of counsel at any stage in a

criminal proceeding is grounds for a mis-

trial per se. Even if this were not the

"In California, education is a consti-

tutional right granted to a child, not a

- parent. Permitting a parental veto strikes

at the heart of the students' ability to

fulfill their own intellectual promise and

to function fully as members of society,"'

Alpert explained.

The summary judgment motion re-

quests the court to order the school

board to place the magazine on open

Shelves, available to students without

parental permission.

The Mt. Diablo board's hit-at-Ms. ac-

tion is only the latest in a sobering round

of ban-the-book board actions in

northern California. `"The Chisholms,"'

a popular historical novel banned from

Granada High School in Livermore,

was restored to the shelves when a com-

mittee, appointed after ACLU protests,

found no basis for the ban.

Similarly, the Anderson Union High

School District in Shasta County banned

five books by Pulitzer Prize winner

Richard Brautigan. An ACLU-NC case

resulted in a judgment upholding that

ban for classrooms and striking down

the ban for the school library. Appeals

by the ACLU and the school district are

pending.

case, Judge Henderson stated, it would

be impossible for the state to prove that

the absence of counsel was harmless, as

there would be no way to independently

construct the communication between

the judge and juror.

This issue was so compelling as

grounds for the reversal of Spain's con-

my, ye

viction that neither Judge Henderson nor

the Appeals Court panel ruled on the

shackling issue. However, Judge

Henderson's published opinion raised

the concern that Spain's right to a fair

trial was violated because he was chained

to a chair throughout the trial. The

schackling issue was the focus of the

ACLU amicus brief throughout the ap-

peals process. ACLU-NC staff attorney

Alan Schlosser explained, ``We feel Cali-

fornia and federal law is clear - you

Gains Seen for Defendants in New Spain Ruling

have to have due process protection

before taking such extreme measures,

and these procedures were not followed

in Spain's case."'

Political Climate

While the federal court opinion raises

the possibility that Spain was found

guilty because of his membership in the

Black Panther Party, it also raises the

question of why the state Court of Ap-

, peal allowed Spain's conviction to stand

in the face of such strong evidence of

judicial error. Both Riordan and Schlos-

ser believe that the political climate sur-

rounding the highly controversial case

prevented the California courts from

rendering an impartial decision.

According to Riordan, ``The trial and

appeal took place in a politically heated

climate with a lot of law-and-order senti-

ment. The state court was not willing to

take a politically unpopular position

concerning the longest and most expen-

sive trial in state history."'

Schlosser added ``This case is a good

illustration of the importance of an in-

dependent federal judiciary. This is why

we have a writ of habeus corpus.'' Both

attorneys believe that his case required

the intervention of the federal courts

(where judges have life tenure) to ensure

the enforcement of Spain's constitution-

al rights.

While the Marin County District AL

torney has scheduled a retrial for Spain

on June 20, Riordan argues that the

(charges should be dropped. Spain is in (c)

the honor unit at the California Medical

Facility at Vacaville and is enrolled in

college. ``After twelve years, despite

great odds, Johnny Spain has compiled a

commendable prison record,'' Riordan

said.

Andrew Barlow is a research associate at

UC Berkeley's Institute for Social

Change.

Join the ACLU

"Enclosed is my new membership contribution for:

-_

) Individual $20

-_

Zz

sad) a

2

og

oe

( , ) Joint $30

and an additional contribution of $

) This is a gift membership

8 :

g Return to: ACLU-NC, 1663 Mission St., San Francisco 94103

ZIP

aclu news

march 1983

Board, Chapters Praised

for Fundraising Efforts

The 1982 annual fund raising drives in

support of the ACLU legal program in

Northern California brought in $244,800

in gifts from individuals.

The Major Gifts Campaign contri-

buted $173,100 and the Bill of Rights

Campaign added $71,000 to the ACLU

`Foundation of Northern California. The

combined total exceeds the 1981 income

by almost $15,000, but fell slightly short

of the overall 1982 goal of $250,000.

`Considering that the economy is in

serious difficulty, our board and close

friends have done a damn fine job,"

commented ACLU-NC Board Chair

Davis Riemer.

Riemer singled out Development -

Chair Bernice Biggs and Bill of Rights

Campaign Chair Jake Rubin for special

praise.

Bernice Wigs ed the Major Gifts

Campaign

``Bernice came in as a second-year

board member to head up the Major

Gifts Campaign. The job demands many

skills and taking a number of risks.

Bernice swallowed hard, took a deep

breath and pushed straight ahead - got

us all working hard,"' said Riemer.

"The Bill of Rights Campaign exceed-

ed its goal,'' he added, ``largely because

Jake Rubin motivated a number of

chapter activists to join the campaign.

Jake can really light a fire in people -

and at six-foot-four inches Jake brings a

"?

unique style to ACLU fund raising!

Jake Rubin made the Bill of Rights

Day Campaign a financial success.

According to Riemer, the 1983 fund

raising task in support of civil liberties

will be even larger. At their January 13

meeting, the ACLU-NC Board of Direc-

tors approved $673,000 in 1983 expenses

compared to a 1982 budget of $613,300.

These budget figures reflect the

combined operations of both the ACLU

of Northern California and the ACLU

Foundation of Northern California.

Membership contributions will bring

about $236,000 during the coming year.

Other income sources include bequests,

foundation grants, occasional attorney's

fees and interest.

Personnel expenses account for almost

seventy percent of the combined annual

budget. The fourteen ACLU-NC staff

include the executive director, field re-

presentative, public information

director, three attorneys, two legal

assistants, development director, two ad-

ministrative assistants, a part-time

bookeeper, and a legislative advocate

and assistant in Sacramento.

Take a Tax Break on the ACLU

If you supported the ACLU Founda- (c)

tion of Northern California in 1982 you

may take a limited charitable deduction

for your gifts even if you do not itemize

deductions on your tax returns.

Under a new act of Congress, tax-.

- payers choosing to take the standard de-

duction may still take an additional char-

itable deduction amounting to 25 percent

of their first $100 in charitable gifts fora

maximum of $25.

While the current deduction is not

large, the law provides for increases in

two years. In 1984, the deduction will go

up to 25 percent of the first $300 in con-

tributions for a maximum of $75. In

1985, this will increase to 50 percent of

all contributions and in 1986, 100 per-

cent of all gifts.

ACLU-NC supporters made tax de-

ductible gifts of over $240,000 to the

ACLU Foundation of Northern Cali-

fornia through the 1982 Major Gifts and

Bill of Rights campaigns. Gifts to the na-

tional ACi_LU Foundation in New York

are similarly deductible. However,

ACLU membership dues and responses

to ACLU (not Foundation) special ap- :

peals are not deductible. -

ACLU supporters who do itemize

might want to consult their own advisors

on how to best maximize your charitible

deductions, especially in crediting non-

cash contributions. For example, indi-

viduals donating appreciated securities

receive not only a deduction for the full

value of the stock, but also avoid any

long-term capital gains tax.

For more details on what qualifies as a

charitable deduction, taxpayers should

consult IRS publication No. 526, `"Char-

itable Deductions.'

Be sure to keep this new tax deduction

in mind next year when you consider

your gift to the ACLU-NC Foundation.

For more information on charitable

contributions to the ACLU Foundation

of Northern California, contact Michael

Miller, Associate Director, (415) 621-

2493.

5

2

=

WN

SS

8

mJ

~

Field Committee

Takes on New Tasks

continued from p. 8

budget deficits and possible cuts in many

social programs. And, to date, five anti-

abortion bills have already been intro-

duced in Sacramento

`*There's no question but that our

`Decade of Choice' visits to legislators

laid important ground for our continu-

ing lobbying efforts,'' Grosboll said.

"We'll be monitoring committee hear-

ings and votes, and the legislators know

they can count on hearing from us."

In addition, a special ``Decade of

Choice'' petition drive, begun in

January, will continue through the

spring. ``We hope to present thousands

of signatures to Governor Deukmeyjian

on or around Mother's Day, 1983," said

Hackenbracht. ``We feel we must call at-

tention to the multitude of Californians

who believe that having children is some-

thing each individual must want very

much to do - forced motherhood is the

antithesis of that."'

For copies of

of Choice'' petition,

Gallo at ACLU-NC,

Street, San Francisco,

415/621-2494.

the ``Decade

contact Marcia

1663 Mission

CA 94103;

New Networks Formed

Continuing a priority discussion begun

in November, the ACLU-NC Field

Committee met on February 5 and adop-

ted two new areas for ACLU action in

northern California through the forma-

tion of special networks.

The Field Committee accepted recom-

mendations by the working group on

Draft Opposition, led by Bernice Biggs

and Judy Newman, that a ``Draft Net-

work'' be established to serve as the in-

formational and organizational link

among chapter members who wish to

take action in opposition to draft regis-

tration.

Members of the Immigration Working

Group, led by Andrea Learned, will,

develop a plan of action for this new

Field Committee issue. An exploratory

meeting ae vou set for March, and a

moe adie, ql and

v KAY

Sar: oan es

T Fett Na

| H - _ er

full report will be presented to the Field

Committee at its May meeting.

According to newly-elected Field

Committee Chair Richard Criley both

new networks will be utilized to further

involve ACLU members in action pro-

grams. `"Top priority will continue to be "

given to Pro-Choice and Right to Dissent

activities; however, the use of the new

networks as vehicles to inform and acti-

vate more ACLU members on issues of

concern is seen as a positive and nec-

,essary step for the Field Committee,"'

Criley added.

For information on sien the Draft

Network or the Immigration Working

Group, contact Marcia Gallo, ACLU,

address above.

-Field Committee officers were also

elected at the February 5 meeting: Chair-

person, Richard Criley; Executive Com-

mittee members, Bernice Biggs, Criley,

Anne Jennings, Andrea Learned, and

J.R. "`Jake'' Rubin.

`How DoI Make

My CHOICE? Questions and Ans-

wers about Abortion, Sterilization,

Birth Control and Reproductive

Rights in California :

_ The easy-to-use guide to repro-

ductive rights, prepared by Public In-

formation Director Elaine Elinson and -

Staff Attorney Margaret Crosby,

answers questions like: Can a doctor

or hospital refuse my request for an

abortion? Do I need my husband's/

parents' permission to get an abor-

tion? Can I be sterilized without my

consent? and many more.

A useful tool for women's centers,

schools, clinics and all those who have

even asked ``How do I make my

choice?' individual copies are available

free of charge by filling in the coupon

below. (Bulk orders are $10 for 100

brochures.)

=o

I want to know about reproductive rights in California. :

____ Please send me a copy of How Do I Make My CHOICE? a

gy ---Please send me _____ copies of How Do I Make My CHOICE? Enclosed is sof

: (Bulk orders a are 10 per 100 copies.)

i Name

; Address

0x00A7 City Zip

8 Send to: Pro-choice Brochure, ACLU-NC, 1663 Mission St., S.F. 94103. Make checks]

Payable to ACLU-NC. | :

0 om eo ee ee ee ee es eo eS es ee se es

aclu news

march 1983

Field Committee

By Marcia Gallo.

ACLU-NC Field Representative

Despite rain, sleet, slides and storms a

two-week stretch of intense activity high-

lighted January's ``Decade of Choice''

commemoration and paved the way for a

year of work ahead for ACLU members

committed to reproductive rights. Sever-

al hundred northern California advo-

cates for choice participated in this first-

ever smorgasbord of events celebrating

Nacsa

Maan

LNS/CPF

Wide Action for `Decade of Choice'

the tenth anniversary of the U.S.

Supreme Court's 1973 decision legalizing

abortion.

ACLU activists Larry Garrett, Leslie

Paul and Liz Zeck organized special pro-

choice rallies in Davis, San Anselmo and

Berkeley respectively; Bob Taren worked

with Planned Parenthood to sponsor

former Carter aide Midge Costanza at a

_ public meeting in Santa Cruz. And

ACLU participated in a well attended

dance-fundraiser in San Francisco spon-

ein eh Ga

MIS RN

MOD meatal

B.A.R.K.

BOARD MEETING: (Fourth Thurs-

day each month.) Thursday, March

24. Contact Joe Dorst, 415/654-4163

for time and place.

EARL WARREN

BOARD MEETING: (Third Wednes-

day each month.) Wednesday, March

16, 7:30 p.m. Sumitomo Bank, 20th

and Franklin Streets, Oakland. Con-

tact Barbara Littwin, 415/452-4726

(days).

FRESNO

BOARD MEETING: (Third Wednes-

day each month.) Wednesday, March

16, 5:30 p.m., Legal Services Office,

906 N Street, Fresno. Contact Scott

Williams, 209/441-1611. /

LEGAL COMMITTEE MEETING:

(First Wednesday each month.) Wed-

nesday, March 2, 5:30 p.m. Legal

Services Office, address above.

_GAY RIGHTS

ATTENTION ALL ACLU MEM-

BERS! You are invited to a special

showing of "MARCHING TO A

DIFFERENT DRUMMER: Lesbians

and Gay Men During World War II,"'

a slide show, with in-person narra-

`tion, by the Lesbian and Gay History

Project. Sunday, March 20, at the

Valencia Rose Cafe, 766 Valencia

Street (between 18th and 19th), San

Francisco; 3:30 - 5:00, social gather-

ing and refreshments - 5:00 - 7:00

slide show. Admission is $1.00 for

ACLU members, $2.00 for non-mem-

bers. Wheelchair acessible. Contact

Jack Hamilton, 415/641-4340 (even-

ings).

MARIN

THEATER BENEFIT: "SPLENDID

REBELS" (a presentation of the Mill

Valley Community Theater, about the.

life of Emma Goldman) - Enjoy the

show, and contribute to the Marin

County Chapter at the Friday, April 8

performance. Contact Milton Estes,

415/383-6622.

BOARD MEETING: (Third Monday

each month.) Monday, March 21,

8:00 p.m. Fidelity Savings, Throck-

morton Street, Mill Valley. Contact

Alan Cilman, 415/864-8882,

MID-PENINSULA

FORUM ON REPRODUCTIVE

RIGHTS: with special guest speaker

Anne Jennings, chair of the ACLU-

NC Pro-Choice Task Force. Thurs-

_ day, March 31, 8:00 p.m.; Lucy Stern

Community Center, 1035 Middlefield

Road, Palo Alto. Cosponsored by

ACLU and Palo Alto NOW. Contact

Harry Anisgard, 415/856-9186.

MONTEREY

BOARD MEETING: (Fourth Tues-

day each month, alternating board

meetings and public forums.) Tues-

day, March 22. Contact Richard Cri-

ley, 408/624-7562.

MT. DIABLO

BOARD MEETING: (Third Thurs-

day each month.) Thursday, March

- 17. Contact Eve Gilmartin, 415/935-

0257, for time and place.

NORTH PEN

BOARD MEETING: Note change in

meeting day to second Monday each

month - Monday, March 14, 8:00

p.m. Contact Richard Keyes,

415/367-8800.

sored by the Northern California Pro-

Choice Coalition.

Equal access to abortion through state

funding was a major focus of lobbying

and public education work in Sacramen-

to. At a press conference on January 21

organized by the Pro-Choice Week Coa-

lition, ACLU-NC Executive Director

Dorothy Ehrlich noted that although

abortion has been legal since 1973,

women dependent on government health

care in 37 states cannot exercise their

fundamental right to choose. ``Poor

women have already been forced back to

back-alley butchers,"' Ehrlich said.

Ehrlich emphasized ACLU's concern

- that Governor Deukmejian's proposed

1983-84 state budget ignores California

Supreme Court rulings that abortion

funding cannot be restricted. She noted

that the budget includes Medi-Cal funds

for abortion only in cases of rape, incest

or to save the life of the mother.

"For someone who has been sworn to

uphold the law to act in such defiance of "

the law is of grave concern to us,"'

Ehrlich said, adding that the ACLU-NC

was prepared to go to court - for the

sixth time - to challenge a state budget

which restricts abortion funding.

Medi-Cal funding was also a major

topic of conversation in the 65 legislative

visits coordinated by ACLU Pro-Choice

Task Force members during the week.

Working with the careful assistance of

ACLU Legislative Assistant Sally Smith,

SACRAMENTO

BOARD MEETING (Third Wednes-

day each month.) Wednesday, March

16, 7:30 p.m. New County Admin-

istration Building, Hearing Room I,

7th and I Streets, Sacramento. Con-

tact Mary Gill, 916/457-4088

(evenings).

SAN FRANCISCO

TO SAN FRANCISCO CHAPTER

MEMBERS: Nominations are open

for members of the Board of Direc-

tors, San Francisco Chapter. Send

name of nominee, with nominee's

consent, to Nominations Committee,

San Francisco Chapter, ACLU, 1663

Mission, San Francisco, CA 94103,

with a 50-word biography prepared

by the nominee. For further infor-

mation contact Chandler Visher,

415/391-0222.

BOARD MEETING: All members (c)

are invited to attend the regular chap-

ter board meeting, Tuesday, March

22, 6:00 p.m. at ACLU, 1663 Mis-

sion, San Francisco. Wine and sand-

wiches will be served. Contact Chana-

ler Visher, number above.

SANTA CLARA -

BOARD MEETING: (First Tuesday

each month.) Tuesday, March 1;

Tuesday, April 5. 7:30 p.m., Com-

munity Bank Building, San Jose.

Contact Vic Ulmer, 408/379-4431

(evenings).

SANTA CRUZ

GUEST SPEAKER: JERRY CO-

HEN, former Chief Counsel, United

Farm Workers, will discuss ``Right

Wing Attacks on the Judiciary'' on

March 23 at 8:00 p.m., at Louden

Nelson Center in Santa Cruz. (Cohen

4

Task Force coordinators Dick Grosboll

and Mary Hackenbracht relied on re-

gional organizers Nan Bostick and Mar-

lene DeLancie of San Mateo; Larry Gar-

rett of Davis; Candace Goldman of the

East Bay; Rosemary Matson of Mon-

terey; Sharon Simms of Sonoma

_ County; and Doug Warner of San Fran-

cisco to recruit delegates to lobby 31 As-

sembly members and 14 Senators from

northern California. J

_ "This was a massive scheduling effort,

and the first time that the Pro-Choice

Task Force has been able to sit down and

_ discuss reproductive rights with each of

Our representatives in Sacramento,"' said

Task Force chair Anne Jennings. "`We

visited all but three of the northern Cali-

fornia legislators - and we had the op-

portunity of working with activists from

California Abortion Rights Action

League, Planned Parenthood, Catholics

for a Free Choice, Committee to Defend

Reproductive Rights, and the Religious

Coalition for Abortion Rights in recruit-

ing delegates,"' she added.

Teams of three to six activists visited

their Assembly or Senate representative

either in the district or in Sacramento.

They were provided with special infor-

mation packets prepared by ACLU staff

and volunteers, and many caucused be-

fore their visits.

Most legislators warned their consti-

tuents that this year's "`budget battle''

may be the toughest yet, citing state

continued on p. 7

was Governor Brown's Judicial nom-

inee in December, 1982; his appoint-

ment was vetoed by then Governor-

elect Deukmejian.) Contact Bob

Taren, 408/429-9880.

SONOMA

~ BOARD MEETING: (Third Thurs-

day each month.) Thursday, March

17, 7:30 p.m., Center for Employ-

ment Training, 3755 Santa Rosa Ave-

nue, Santa Rosa. Contact Andrea

Learned, 707/544-6911.

STOCKTON

BOARD MEETING: (First Tuesday

each month.) Tuesday, March 1;

Tuesday, April 5. Contact Bart Har-

loe, 209/946-2431 for time and place.

YOLO COUNTY |

BOARD MEETING: Contact Julius

Young, 916/758-5666 (evenings) or

Casey McKeever, 916/666-3556 -

(evenings) for meeting information.

Pro-Choice

Task Force

All reproductive rights activists are

urged to attend the regular monthly

meetings of the ACLU-NC Pro-

Choice Task Force: Wednesday,

March 9, 7:30 p.m., ACLU-NC Of-

fice, 1663 Mission Street, San Fran-

cisco. Contact Marcia Gallo at the

ACLU, 415/621-2494.

Right to Dissent

Subcommittee

Protect your right to know - your

right to act: join the ACLU-NC Right

to Dissent Subcommitte at the next

meeting - Wednesday, March 9,

6:00 p.m. ACLU-NC office, address

and contact information above.