vol. 40, no. 7

if there is no ``R"' in the upper right

hand corner of your label, it means

that as of August 31 you had not

renewed for 1975 ... Please do it -

today .. .andkeep the ACLU News on

its way to you each month.

Volume XXXX

Twenty-six. deputies sue

Contra Costa Defender

October 1975, San Francisco

No. 7

Twenty-six deputy public defenders

and the Contra Costa County Public

Defenders Association took the ex-

traordinary step last month of suing

their employer, Patrick Murphy, the -

Public Defender of Contra Costa

County.

ACLU-NC_ Staff Counsel Joseph

Remcho is representing the deputy

public defenders in federal district

court in San Francisco with the

assistance of volunteer attorney Charles

Kuntz, who until recently was himself a

deputy public defender in Contra Costa

County. The case is a class action on

behalf of all present and future deputy

public defenders as well as all present

and future clients of the Contra Costa

County Public Defenders Office who

wish to have unrestricted com-

munication from their defense counsel.

The problem arose late last year

when Suzanne Mounts, one of the

deputies, introduced one of her clients

to an attorney from Equal Rights

Advocates, a public interest law firm in

San Francisco. That client, who is a

Jail

named Plaintiff in this suit, was in-

carcerated at the Contra Costa County

and wanted to challenge sex

discrimination in jail conditions. Equal

Rights Advocates were working on such

a challenge. |

Following this contact, the Sheriff of

Contra Costa County complained to

Murphy that his deputies were

arranging suits against the county. In

July, Murphy issued the following

statement:

As a matter of departmental

_ policy, I am taking the position

that our office will not participate

in the giving or solicitation of

names to outside law firms or

groups who are looking for test

cases.

I feel that it is improper for them

to solicit clients, and that we

should not participate in such

actions, or act as an intermediary

in such activities.

After issuing the policy, Murphy

explained that it means deputy public

ACLU-NC Staff Counsel Joseph Remcho (left), and Contra Costa County. Deputy

Public Defenders Suzanne Mounts and David Coleman, charge Chief Public Defender is

jeopardizing clients' rights.

defenders will be disciplined if they

inform their clients that any outside

organizations or groups - including

public interest law firms offering free

legal assistance - will represent them.

Marjorie Madonne, one of the

plaintiffs, had a client in the jail who

was five months pregnant and com-

plained about the lack of exercise

opportunities and the effect of the jail

diet on her yet unborn child. Madonne

felt she had no choice. and informed her

client that Equal Rights Advocates

would help. She now seeks an order

restraining Murphy from disciplining

her. :

Remcho argues that Murphy's action

unconstitutionally interferes with the

right of clients to free access to the

courts and the most effective

representation possible. The policy also

violates the deputies' First Amendment

rights as well as their duty and ethical

responsibility to practice law as they

individually see fit in the best interests

of their clients.

Suzanne Mounts, the deputy public

defender whose advice gave rise to

Murphy's policy, commented: `""We do

not take this action lightly. We have

negotiated at great length with Mr.

- Murphy and he refuses to change his

policy. Under the circumstances, we

continued on page 2

Founders to be honored at Bill of Rishts Celebration

The American Civil Liberties Union

Foundation of Northern California will

hold its third-annual Bill of Rights Day

Celebration on Sunday evening,

December 14 at the Sheraton Palace

Grand Ballroom in San Francisco. A

no-host cocktail party is scheduled for

7:00 P.M.and the program will start at

8:00 P.M. p

The Foundation will present the Earl

Warren Civil Liberties Award to two

prominent founders of the ACLU of

Northern California - Helen Salz and,

posthumously, Alexander Meiklejohn.

Mrs. Helen Meiklejohn will accept the

award for her husband who died in

1964.

Helen Salz, a poet and artist, remains

a guiding force in ACLU's progress at

the age of 92. She and Dr, Meiklejohn,

who was himself a renowned educator,

helped organize the ACLU of Northern

California in 1934. Viewing the

vigilante terrorism and _ police

lawlessness in the wake of San Fran-

cisco's general labor strike that year,

they pulled together a handful of fellow

civil libertarians to help defend citizen

rights.

Since that time, Helen Salz and

Alexander Meiklejohn provided loyal

and unselfish leadership as that

original, hearty handful grew to nearly

20,000 ACLU members in Northern

California. Throughout, they

demonstrated the deepest commitment

to civil liberties imaginable, especially

in times when that commitment was

decidedly unpopular and demanding.

The December 14 awards program,

in addition to honoring ACLU-NC

founders, will include several dramatic

presentations highlighting the civil

liberties struggles of women in honor of

this Women's International Year. The

vignettes will be performed by local

actresses and actors.

Again this year, the Foundation's

annual fundraising drive will center on

the event.. A commemorative program

will be the focus of the fundraising, with

each page representing $1,000 in

contributions. The capacity of the

ACLU's programs depend largely on

the success of this fund drive.

The Bill of Rights Fundraising

Committee has set a goal of $50,000 this

year to support the Foundation's

litigation and educational activities in

defense of constitutional rights.

Everyone involved in the organization is

being asked to help.

It is not too late for you to get in-

_ volved. Volunteer in this effort and help

the ACLU achieve its goal. Every board

member on both the affiliate and the

chapter boards as well as all ACLU

members who can help are needed.

Fran Strauss, who many of us know

to be a true mainstay of the ACLU of

Northern California, has already guided

two Bill of Rights events to successful

conclusions. She chairs the Bill of

Rights Program Committee and is

working full time in the office. Also,

Clarence Maloney, a new staff member,

is coordinating the various committees,

volunteers and countless details that go

into producing this event and meeting

the fund drive goal.

The program committee is

developing a novel presentation and

includes Marilyn Patel, Ruth Jacobs,

Drucilla Ramey, Marlene DeLancie,

Irving Cohen, Lillian Kiskaddan, Jerry

Berg and others. :

Financial pledges are beginning to

arrive, demonstrating the drive of the

Fundraising Committee leadership,

~ others.

_ Chairperson is Tom Layton.

which includes Richard DeLancie

(ACLU Chairperson), Davis Riemer

(ACLU Secretary-Treasurer), and Rose

Bonhag (Mt. Diablo Chapter

Representative to the Board). Also

serving on the Fundraising Committee

are Warren Saltzman, Marshall

Krause, Steve Cornet, Alvin Baum, and

The Committee Vice-

All committees are open. Your active

participation means a purposeful in-

volvement. We need your help. Call Bill

of Rights Day Co-ordinator, Clarence ~

Maloney at 777-4545 for further in-

formation.

LIMITED SEATING e BILL OF RIGHTS DAY CELEBRATION |

| wish to attend the Bill of Rights Day Celebration and the third i

annual presentation of the Earl Warren Civil Liberties Award at the

Sheraton Palace-Hotel Grand Ballroom on December 14 at 7:30 P.M. !

Please send me____tickets at $3.00 each. Enclosed is my check for

$

NAME

and a self-addressed envelope.

ADDRESS

CITY

STATE _

PHONE

ZiP

aclu news

Oct. 1975

pokey AE.

Appeals court voids Alameda prostitution order

The California State Court of Appeal prohibited the

enforcement of a preliminary injunction issued early

this year by Alameda County Superior Court Judge

Spurgeon Avakian in the case of Riemer v. Jensen,

ACLU's challenge to the law and enforcement against 2

prostitution. While the three-judge appellate panel

reversed Avakian's order, they made it clear that they

were doing so only for technical deficiencies and not

because they thought it was wrong on the merits.

_. Last February, after several hearings in the case,

Judge Avakian issued an order covering the en-

forcement aspects of the case. He said he would wait

until a full trial is held before determining the con-

stitutionality of the prostitution statute itself.

The preliminary injunction enjoined the police

from: (1) enforcing the statute by any method which

systematically results in a greater likelihood of arrest

of women as a class than of men; (2) engaging in any

conversational activity, device, or scheme which

encourages or aids the commission of the offense of

' solicitation; (3) routinely arresting women while only

citing or warning men; and (4) imposing venereal

disease quarantine restrictions on women but not

men.

The Court of Appeal found Avakian's order was

within his jurisdiction and that such an order could be

U.S. Postal Service

Statement of Ownership, Management and

Circulation

1. Title of Publication: ACLU News

2. Date of Filing: Sept. 30, 1975 =e

3. Frequency of !ssue: 9 times per year, monthly except bi-

monthly in March-April, July-August, November-December

4, Location of Known Office of Publication: 814 Mission Street,

Third Floor, San Francisco, C. 94103

5. Location of the Headquarters of General Business Offices of

the Publishers: 814 Mission Street, Third Floor, San Francisco,

Ca. 94103

6. Names and Addresses of Publisher, Editor, and Managing

-| Editor:

Publisher: American Civil Liberties Union of `Northern

California, 814 Mission St., Third Floor, San Francisco Ca. 94103.

Editor: Michael Callahan, 814 Mission St., Third Floor, San

-| Francisco, Ca. 94107

Managing Editor: none

cisco, Ca. 94103

8. Known bondholders, mortgagees, and other Security Holders

Owning or Holding 1 Percent or More of Total Amount of Bonds,

Mortgages or Other Securities: none

10. For Completion by Nonprofit Organizations Authorized to Mail

-at Special Rates: The purpose, function, and nonprofit status of

this organization and the exempt status for Federal income tax

purposes have not changed during preceding 12 months.

11. Extend and Nature of Circulation

| A. Total No. Copies Printed 19,000 20,000

_ B. Paid Circulation

1. Sales through Dealers and Carriers, :

street vendors and counter sales none none

2. Mail Subscriptions 18,200 19,398

| euro. Total Paid Circulation 18,200 19,398

D. Free Distribution by Mail, Carrier or Other Means, Samples

Complimentary, and other Free Copies 300 MW

| euro. Total Distribution 18,500 19,509

- | , Copies not Distributed

| 1. Office Use, Left-over, unuccounted,

spoiled after printing 500 491)

2. Returns from News Agents : none

-G. Total 19,000 20,000

|

| certify that the statements made by me above are correct and

'; complete. | /

Michael Callahan, Editor

Public detaiders sue

continued from page I

feel we have no choice but to to go to

court to vindicate the rights of our

clients and our right to represent them

as we see fit."'

Remcho charged, ``The Public

Defender is acting like a District

Attorney. The only reason for this

policy is to save the County the expense

_ of defending itself against lawsuits

which quite properly challenge jail

conditions. The Public Defender should

be bringing these lawsuits himself, not

impeding them. This attempt to cut off

the access of inmates to free legal help (c)

is shameful, deplorable, and counter to

well-settled constitutional principles.

continued on page 3

R

EK

N

[

_ (Act of August 12, 1970: Section 3685, Title 39, United States oe

7. Owner: American Civil Liberties Union of Northern California, |

Inc. (no stock holders), 814 Mission St., Third Floor, San Fran. .

`properly issued by the trial court. Alameda County

law enforcement officials claimed that an injunction

could not be issued to prevent the execution of a

public statute by officers of the law. The Court of

Appeal, however, responded that "even if we assume

that the law is, or will be found to be, constitutional,

that would not be a bar to the enjoining of its un- |

constitutional enforcement."'

After reviewing the merits of Judge Avakian's

decision, the appellate court concluded that the

factual findings ``are supported by substantial

evidence .

determination of the trial judge that petitioners are

enforcing the statute in a manner which discriminates

against women on the basis of their sex.'

Having agreed substantially with the substance of

the injunction, the Court of Appeals decision next

turned to the actual language of Avakian's order. It

was here that they objected and prevented its

execution. They said that phrases such as "`by any

- method," and "greater likelihood"' are impermissibly

vague. At another point, Avakian's order enjoins the

"subjecting of women to full custodial arrest on the

basis of criteria which are not applied equally to

men.'' The appeals court asks what criteria should be

used.

Women's Handbook

' to be published

Since the idea of publishing a laywomen's aaie to

fighting sex discrimination was suggested in late 1974,

the California Women's Rights Handbook has been a

growing project, involving an increasing number of

Bay area women.

The California Women's Rights Handbook is a

joint project of the ACLU Women's Rights Project,

the San Francisco Barristers Club Committee on Sex

Discrimination and the Women's Litigation Unit of

SF Neighborhood Legal Assistance Foundation.

Funding for the Handbook's publication is being

provided by a grant of $2500. from the SF Bar

Association and $500.00 from the Women's Rights

Project publications budget.

The Handbook will be the second publication of the

Women's Rights Project, the first being the Women's

Rights Case Docket, which was released earlier this

year. Coordination of the administrative, funding,

writing and editing of the Handbook is being handled

by Eve Reingold of the Women's Rights Project Staff,

Mary Vail, Co-Chairperson of the Barristers Sex

Discrimination Committee and Hillary Kelley, a first

year law student at Boalt Hall who works for the

Women's Litigation Unit. -

Since the project's inception, over thirty women

who are involved in diverse areas of sex discrimination

work have volunteered to write Handbook chapters

and to work on editing, publishing and fund-raising

activities.

The Handbook is seen By its authors as a major

public education effort, written by women for women.

It is being written primarily as a legal rights

guidebook for laywomen, but it should also be a

valuable starting point for attorneys who are in-

terested in the present state of California and Federal

laws regarding sex discrimination.

A number of features will distinguish the Hand-

book from other "`legal rights' publications. The

Handbook will be comprehensive in approach,

covering approximately 25 substantive legal areas that

raise issues of sex discrimination, ranging from family -

law and employment rights to the rights of women in

prisons and mental institutions. -

Other topics include: rights and remedies for

victims of rape and family violence, how to gain tax

exempt status for community groups, access to and

rights to childcare services, rights and remedies

against discrimination in credit, housing and in-

surance, sex and age discrimination problems of

female minors and older women, and legal issues and

rights for prostitutes.

. We are therefore required to uphold the -

"The existence of these and other possible

questions indicate to us that law enforcement officials

indeed must guess at the meaning and application of

the injunction. They cannot reasonably obey the

injunction and thus avoid the danger of finding

themselves in contempt of court," the Court of Appeal

concluded.

Only the fourth part of the injunction, which

prohibits the quarantining of women but not men,

was found to be sufficiently clear and was upheld by (c)

the Court of Appeal. The other three provisions did

not meet that test, however, in the court's opinion.

The case was originally handled by Victimless

Crimes Project Attorney Deborah Hinkel who has

since left the staff. ACLU-NC Legal Director Charles

` Marson is now determining whether to appeal to the

California Supreme Court to get the preliminary

injunction restored or whether to return to Judge

Avakian's court for a full trial on the merits of the

case and an eventual decision on a permanent in-

junction. Either way, the case is bound to finally end

up in the California Supreme Court where once and

for all, it may be determined that this society's in-

terference in the private affairs of consenting adults is

none of the state's business.

Members of the Northern California Women's Rights

Handbook Editorial Board are (left to right): Sara

Ruddy, Eve Pell, Maria Greenfield, Mary Vail, Hillary

Kelley, Eve Reingold, Katrina Weber, and Patti

Roberts.

Topics include both areas where there is a great

deal of statutory and case law, and areas where rights

against sex-based discrimination are just beginning to

be recognized. In addition, the Handbook authors are

making a concerted effort to pinpoint areas where sex

discrimination is legal and illegal, to describe self-

help, community and legislative remedies, as well as

describing the more clearcut legal remedies.

The handbook is written in a style that is personal,

understandable and useful for women who have not

had a great deal of education and/or exposure to

women's issues or groups. Another unique feature of

the Handbook is the inclusion of a community

resource list for each chapter, which will be a Nor-

thern-California-wide listing of groups, literature and

agencies to which women can turn. ACLU chapters

and members should contact Eve Reingold if they

have suggestions for the community resource list.

The Handbook should be printed and available

around December 1. Orders are now being taken. The

Handbooks will cost $1.75 each. If you, or a group you

know of, anticipate needing numerous copies, you

should write the Women's Rights Project to assure

you will receive them. Send your orders to the Project,

814 Mission Street, Third Floor, San Francisco, Ca.

94103.

CORRECTION

Last month's ACLU News erroneously stated that

Carl Jaramillo, one of the Board's new members, is

Director of Community Services for the Alameda

County Central Labor Council of the AFL-CIO. Mr.

Jaramillo held that position last year but is presently a

representative of the United Public Employees Union,

Local 390.

LEGISLATIVE

aclu news

Oct. 1975

Governor Brown's vetoes a blow to civil liberties

By BRENT BARNHART

ACLU-NC Legislative Representative

When the Legislature shut down on |

September 12, 1975, all attention

shifted to the Governor's office, to learn

what fate Olympus might decree for

legislation passed. For the odds-maker,

veto-betting proved more perilous than

New Year's Day bowls. Where Jerry

Brown's lightning chose to strike

seemed governed by few laws, natural

or constitutional.

Civil libertarians, who had looked

with joy on Reagan's_ departure,

perhaps expected too much of Brown.

In retrospect, those who expected least

were probably least disappointed. We

watched many civil liberties bills go

under the axe, including, for example,

prison bills that would have restricted

the use of confinement in isolation as

punishment, and that would have

required the Adult Authority to give

prisoners a parole date within six or

nine months of their commitment. Two

mandatory sentence bills however were

signed. Perhaps no other axeblow,

however, bit with such bitterness as the

vetoes of the two main privacy

measures, SB 852 and AB 1429.

SB 852 was an extensive privacy

measure, which heavily restricted the

collection, maintenance, use and

dissemination of information on private

individuals by public agencies. Dubbed

the Moscone-Carpenter Information

Practices Act, SB 852 created an

Information Practices Commission to

oversee all state agencies in their in- |

formation-gathering and maintenance

functions, and created specific causes of

action for individuals to seek judicial

remedies for refusal by public agencies

to comply with the provisions of the act,

and with the individual's constitutional

right of privacy.

In the last weeks, ACLU lobbyists

knew that SB 852 was in trouble. |

Information filtered down that the

Governor did not like the idea of a new

bureaucracy - the Information Prac-

tices Commission - nor the costs that

the creation of the Commission would

engender. Both the Governor's own

Department of Finance and_ the

Legislative Analyst threw up _ their

hands, saying that they didn't know

`how much it would cost, but they were

certain that it would be too much.

In the end, however, bureaucracy and.

cost seemed almost irrelevant. The

killing factor was the last-minute bite of

the hydra-headed executive branch -

Health and Welfare, Business and

Transportation, Agriculture and

Services and others moved in to

complain against provisions they had

virtually ignored during the legislative

process. Some of their objections may

have been justifiable, since any new,

sweeping legislation cannot possibly be

designed to fit every need until all those

affected are heard from, problems are

isolated, and some attempt at

resolution made. The outrageous fact is

that the bulk of the objections came

after the Legislature was out of session,

when it was too late to amend the bill to

accommodate departmental objections.

But if the veto of SB 852 was up-

setting, the veto of AB 1429 engendered

real bitterness. The Governor in his veto

of SB 852 did promise to work with (c)

privacy proponents on a similar bill

next year, and at least one department

head, Jerome Lackner of Health, took

_ the initiative several weeks before in

suggesting that we work together in

developing in-house privacy protections

for patients and recipients of Health

benefits; but the veto of AB 1429 has no

silver lining.

AB 1429, the Financial Privacy Act,

authored by Alan Sieroty, was not a new

measure. Virtually the same bill, last

year numbered AB 1609, passed the

Legislature and was vetoed by Reagan.

Since then successful litigation at the

State Supreme Court level (Burrows v.

Superior Court, 13 Cal. 3d 238 [1975])

underscored the act's essential premise:

that government agencies have no

business probing into personal financial

records without legal proces supervised

by courts.

Negotiations with the Department of

Business and Transportation were

extensive, and the scope of the act was

much narrower than that of SB 852,

which affected all public agencies.

Brown's apologists had argued that SB

852 posed problems that needed to be

worked out, but that the Governor was

still the jealous guardian of personal

freedom and the right of privacy. -

= Well the votes are in, and privacy's

out.

Confronted, in AB 1429, with

constitutional rights on the one hand

and governmental prerogative on the

other, Edmund G. Brown, Jr., chose

government. That decision tells us a

great deal, and does not i well for

the future.

Jerry Brown does appear to represent

an entirely new political phenomenon,

and he has done nothing to indicate

that he is the tool of timber, oil, far-

mers, or Detroit, nor of the AFL-CIO or

Teamsters; but he appears to be quite

jealous of the powers and prerogatives

of the government he heads. Vested

interests are vested interests, be they

business or government, and _ civil

liberties interests may have to stand in

line with this Administration as it did

with the last.

process.'

encouraging a "new death penalty",

form of due process.

At the request of the Sacramento Valley Chapter, the

Board of Directors adopted the following policy on nuclear

power and its threat to civil liberties. Virginia Fuller, the

chapter's representative on the Board, stated that they

believe "`a serious threat to civil liberties exists due to the

operation of nuclear facilities and the handling of the lethal

radio- active by-products created in the nuclear fission

The policy of the ACLU of Northern California states:

1) Nuclear pollution threatens irreversible damage to

present life and to the integrity of the genetic pool of future

generations. In effect, the government is condoning and

imposed without ay

2) Due to the massive security measures which will be

required for the safeguarding of radio-active waste at the

nuclear facilities and during its transportation, a large-

Board adopts nu icy

oard adopts nuclear power policy

scale, domestic police force will be created which will

necessarily be engaged in undercover intelligence, sur-

veillance and counter-espionage activities. Such a police

force would transform this country into a militarized police-

state in which civil liberties will be severely threatened.

3) The Atomic Energy Commission and the nuclear

power utilities have consistently withheld vital information

from the people on matters of public policy. Government

files on the utility licensing process and on the safety aspects

of nuclear power, along with other public issues, must be

made available to the people and provision must be made

for the public's mgt to participate in governmental

decisions.

Next month's ACLU News will carry a speech by David

Dinsmore Comey of the Business and Professional People

for the Public Interest relevant to the issue of civil liberties

and nuclear power.

IRS abuse of grand jury system charged

Harry Margolis is a Bay Area at-

torney who specializes in tax law and

planning. He has over the years

`represented many leftist groups and

individuals in their tax affairs. The

Internal Revenue Service has repeatedly

challenged Margolis' tax planning

methods over the years, but in a series

of cases in the United States Tax Court,

the I.R.S. has been defeated in all of its

contentions.

The Court has concluded, almost

without exception, that the tax plan-

ning was proper and valid and did not

involve civil violations, much less

criminal violations. Margolis has not

hidden the fact that he takes advantage

of every possible loophole available to

his clients.

Frustrated by defeats in Court and

the Congress, the I.R.S. refuses to give

up its efforts to get Margolis and his

clients for tax law offenses.

Five hundred cases are currently

pending in the Tax Court involving

Margolis' clients. Undaunted however,

the I.R.S. has found a new tool to

harass Margolis and his clients - the

grand jury. I.R.S. claims the grand jury

is conducting an ``open-ended joint

criminal-civil investigation."' Yet the

investigation concerns the same matters

already litigated in the courts. |

Matthew Offen is a client of Margolis

who has been subpoenaed by the grand

jury. He decided to fight the subpoena

and ACLU-NC supported his motion to

quash as amicus curiae. Volunteer

attorney James J. Brosnahan, - Jr.

represented ACLU before Judge George

Harris in the Federal District Court.

Offen claims that the grand jury

process is being abused by the I.R.S.

What the agency has been unable to

accomplish in the courts and Congress,

it is trying to do through harassment. .

Offen's motion to quash the sub-

poena also claims that he has been the

victim of illegal wiretapping and mail |

opening and that. questions from the

grand jury would be derived from such

surveillance. Offen actually received a

letter a week after it was sent by his

bank that had been opened and

resealed. On the back, a stamp stated

that the envelope had been accidentally

opened by an agency of the U.S.

Treasury Department.

The brief filed with the district court

Biko charges that the I.R.S. is at-

tempting to sidestep Fifth Amendment

protections of the witnesses and engage

in a "fishing expedition" on the hope

that something will turn up which will

help them prosecute Verses and his

clients.

joining the forces

A hearing was held last month before

Judge Harris. Shortly thereafter, the

I.R.S. dismissed its subpoenaes for

Margolis' clients and went ahead and

indicted Margolis without the benefit of

Offen and others testimony. For now,

the issue of the grand jury subpoenaes

is moot but could be raised again in the

LR.S.'s undying effort to harass

Margolis' clients.

Public defenders sue

continued from page 2

``Although he rarely takes it, there is

always a chair at the defense counsel's

table for the Public Defender. He is

expected to join his deputies, at least in

spirit, in the defense of clients pitted

against the awesome power of the state,

with life and liberty often in the

balance. The Public Defender has not

only declined to take that chair, but he

has moved to the other side of the room,

of prosecution

arrayed against his clients. It is a sorry

state of affairs and the court should put

a stop to it."'

9 issues a year, monthly except bi-monthly in March-April, July-August,

and November-December

Published by the American Civil Liberties Union of Northern California

Second Class Mail privileges authorized at San Francisco, California

Richard DeLancie, Chairman of the Board, | David M. Fishlow, Executive Director

Mike Callahan, Editor and Assistant Executive Director

814 Mission Street, San Francisco, California 94103 - 777-4545

Membership $15 and up of which $2.50 is the annual subscription fee for the News.

aclu news

Oct. 1975

San Francisco

ANNUAL MEETING ANY

MAYORAL CANDIDATE'S FORUM,

SUNDAY, OCTOBER 19, 4 p.m. -

FIREMAN'S FUND AUDITORIUM,

3333 California Street.

Mayoral candidates Cunningham,

Diamante, Donaldson, Ertola, Fein-

stein, Kuhlman, Marks and Moscone

will attend the Annual Meeting and

Candidates' Forum.

The Chapter has been ives in

developing an extensive questionnaire

which focused on all the identifiable

civil liberties issues facing San Fran-

cisco where the mayor has direct or

indirect involvement.

The 88 questions covered candidates'

- attitudes on police intelligence

operations, police officers' rights,

juvenile rights, victimless crimes,

municipal employment practices and

commissions.

The Chapter's goal is to present the

candidates' responses in as neutral a

manner as possible. Some of the an-

swers raise additional questions. The

Candidates' Forum on October 19 will

give ACLU members and the com-

munity an opportunity to raise civil

liberties questions themselves.

The Chapter will also elect new

members to its Board of Directors.

CIVIL LIBERTIES: THE BILL OF

RIGHTS AND ME ... is the topic of

our Second Annual Essay Contest for

Senior High School students in the San

Francisco schools.

Essays will be judged on the basis of

originality, ideas, research and content.

`Our distinguished panel of judges

includes Kay Boyle, Belva Davis and

Art Hoppe.

Prizes are: First Prize - $75, second

_ prize - $25. The contest begins at the

end of October and all entries must be

submitted no later than December 15.

The Civil Liberties and the Mayoral

Campaign Committee held a news

conference on September 25. Par-

ticipants were Ruth Jacobs, President,

and Andy Moran, Chairperson of the

project. Members of the media were

very interested in the civil liberties

questionnaire.

Sacramento

The Chapter has two important dates

for your calendar:

November 2, Sunday, 6:00 p.m.

Frank Wilkinson of the National

Committee Against Repressive

`Legislation will discuss S$.1, one of the

most frightening legacies of Richard

Nixon and John Mitchell. S.1, currently

being considered in Washington by the

Senate Judiciary Committee, would, if

enacted, paralyze or cripple some of our

most cherished liberties - free speech,

the free press, the freedom to assemble,

the right to know. It would extend to

government broad powers of in-

formation withholding and domestic

surveillance gathering. A more in-

formative description of S.1 appeared

in the July issue of ACLU News.

Frank Wilkenson, who is traveling

throughout the country speaking to

ACLU Chapters and other groups on

S.1, has agreed to pass through

Sacrarnento to give us the benefit of his _

knowicdge and perspective on this all-

important piece of legislation.

that killing of S.B.

At this writing, the place is not set.

There will be a special mailing to

Sacramento Chapter members. Other

persons should call Jerry Evans at (916)

482-7163.

October 22: SB 42. At the regular

October Board meeting we will discuss"

the ACLU position on SB 42 (Nedjedly),

the bill to revise the indeterminate

sentence law in California. Brent

Barnhart, ACLU-NC lobbyist, will

present and explain ACLU's action

which caused considerable controversy

among other groups working on the

bill. We plan to invite representatives

from such groups in order to provide

the opportunity for a full discussion of

the issue.

7:30 p.m. at 901 G Street, Room 118

in Sacramento is the time and place of

the Board meeting.

Chapter Telephone: The Chapter

now has its own phone separate from

that of the legislative office. The

number is (916) 967-3339. For the

moment we have an answering service.

~When you call for information, please

ask for specific people in the Chapter

when possible.

Santa Cruz

The Santa Cruz County Chapter was

a part of a coalition sponsoring a

presentation by Frank Wilkinson,

Executive Director of the National

Committee Against Repressive

Legislation, on U.S. Senate Bill No. 1.

There was a good turn-out of a variety

of community members, and Mr.

Wilkinson was in top shape.

We are all very impressed with the

urgency of killing S.B..1, and made a

motion at the Affiliate Board meeting

1 be made a top

priority of ACLUNC. It is felt that this

bill is so dangerous that to try to clean it

up will only result in compromises

against civil liberties. It should be

killed, not amended.

Oakland

The Oakland Chapter has a new

phone number - 534-ACLU.

The number rings an answering

service which gives the calls to the newly

restructured Oakland Legal Panel. The

panel coordinators are Board members,

attorney Dennis Rothaar and law

student Janice Lapides. The legal panel

is still looking for additional attorneys.

Anyone who is interested should call

Dennis Rothaar at 452-4726.

Those interested in the Committee on

Privacy will meet Tuesday, October 21

to plan goals and work for the coming

year. The meeting will start at 8:15

P.M.at 5560 Harbord Drive, Oakland.

Phone 547-1267.

Likewise, the Jail Committee will

meet Thursday, October 23 at 8:15

P.M. at 5560 Harbord in Oakland. This

committee also will be establishing

goals for the next year.

The newly formed Oakland ACLU

Committee on Political Repression is

circulating a petition which reads as

follows:

"We, the undersigned, urge the

committees of Congress in-

vestigating the Central

Intelligence agency (CIA), the.

Federal Bureau of Investigation

(FBI), and the Internal Revenue

Service (IRS) to do a thorough

OAKLAND CHAPTER'S FALL

GARAGE SALE

Saturday, November 1 from 9: 00

A.M. to 4:00 P.M. at 5560 Harbord

Drive, Oakland (Just off the Warren

Freeway's Moraga-Thornhill Exit going

towards Piedmont.) -

Anyone able to donate articles, call

$47-1267 days, 530-1221 evenings or if

you can, drop it off at 5560 Harbord in

Oakland.

PLEASE COME: - WE'LL BE

RAMPANT WITH BARGAINS!!

and complete investigation = NOL

only of the activities of these

agencies against prominent and

`respectable' organizations and

individuals - but also of the civil

liberties abuses suffered by all

minority and civil rights

organizations." (c)

Copies of this petition have been

mailed out to ACLU Chapters across

the country. Individuals and groups

`interested in circulating the petition

should contact Chrys Dougherty at 893-

2454, or request copies from Oakland

ACLU, P.O. Box 1865, Oakland,

California 94604.

David Fishlow, the new Executive

Director of the affiliate will be the guest

speaker at the Chapter's monthly

meeting, October 15 at the Sumitomo

Bank in Downtown Oakland at 7:30

P.M. All are invited to attend.

In November, a speaker from. the

Oakland Police Department is ten-

tatively scheduled for the monthly

meeting on the 19th at the Sumitomo

Bank.

DON'T FORGET THE GARAGE

SALE, SATURDAY, NOVEMBER 1.

Mt. Diablo

The next meeting of the board of the

Mt. Diablo Chapter will be held on

October 20 at 7:30 p.m. at the home of

Joe -Disch,. 927 Santa. Lucia = Dr.,

Pleasant Hill (685-6137), according to

newly re-elected president, Johnson

Clark. Reports will include progress of

`the ACLU Jail Suit (Proposed new

county jail with its 4 and 6 bed win-

dowless cells would deprive suspected

offenders of right to privacy, would be

cruel and unusual punishment and

would treat pretrial detainees more

severely than sentenced prisoners),

student and youth rights (Ted Merrill

and Harlan Lewis), Women's Rights

(Gerry Raffo), Privacy (Mel Morales),

Speakers' Bureau (Zack Stadt),

Treasurer (Jim Hupp), Chapter Rep.

(Rose Bonhag), Membership (George

McClelland), Legal Coordinator. (Dave

Bortin), Bicentennial (Winona Harvey

and Joe Disch), as well as minutes (Dick

_ Sandretto)

and telephone referral

service (939-ACLU). The meeting is.

open to interested people, especially one

who will volunteer to do publicity.

Yolo

The Yolo Chapter's

Program is in full gear. The two-

pronged effort is comprised of a

Speakers' Bureau and a civil liberties

column in the local press.

The Speakers' Bureau is anxious to

solicit speaking engagements with all

kinds of clubs, groups, schools,

Education

churches, etc. Speakers are available on

a wide variety of civil liberties topics.

-service needs volunteers.

Your help is needed to line up speaking

dates.

The civil liberties column has now

been published three times and will

continue throughout this and next year.

Columnists are needed to write articles

of 300-500 words. The Chapter can

supply background materials if needed.

Columns will be discussed with the

writer and edited prior to publication.

Any member of the Yolo Chapter

who wishes to help on any Chapter

project is urged to contact the Chapter

by writing Yolo ACLU, Box 724, Davis,

California 95616.

A number of fundraising events are

also planned - movies, potlucks,

speakers and garage sales. After the

successful reception for the new ACLU-

NC Executive Director David Fishlow,

which recruited new members and

raised additional funds, we are very

hopeful. Please volunteer to help us out.

Mid-Peninsula

The next regularly scheduled meeting

of the Mid-Peninsula Chapter will be

Thursday, October 30, 8:00 P.M. at the

All Saints Episcopal Church (corner of

Hamilton and Waverly). There will be

Board elections, committee reports and

assignments as well as discussion of a

plan for chapter activities at this im- |

portant meeting.

In November, the Board meeting will

be on Thursday, November 20 at 8:00

P.M. at the same address. Prior to the

November Board Meeting from 7:15 to

8:00 P.M., Professor John Hancock of

California State University/Hayward,

will talk on `Civil Liberties and

Amnesty."' Professor Hancock has been

active for several years in anti-war, anti-

draft and pro-amnesty movements. The

public is invited to attend.

Berkeley-Albany

This. month the Berkeley-Albany

Chapter is preparing for November

board elections. The nominating

committee is presently calling on the

membership to offer suggestions for

nominees. We need new blood! If you

know of anyone who would enjoy

working on our board, please refer the

name to Rose Ann Packard, 525-0279

(eves.).

We will hold a general membership

meeting in November to discuss Senate

Bill 1 and will also announce new board

members at this time. Details will be

announced.

The telephone answering and referral

This core

service of the chapter receives 20-30

calls a week from distraught and

confused people needing advice and

referral regarding violation of their civil

liberties as well as other legal problems.

It is a very interesting and educational

type of volunteer work which gives one a

sense of need and involvement. It is

done in your home and we will train you:

for it as well as offer you ongoing

support as you learn. We are very proud

of this fine service and hope you will

volunteer to keep it going in its present

excellent fashion. Call Eileen Keech -

848-0089.

See you in November at our Mem-

bership Meeting.