vol. 43, no. 2

Volume XLII

March 1978

No. 2

- Mental patients at facilities through-

out the State of California are being

forced to take dangerous, mind-altering

drugs in violation of their constitutional .

rights, according to a suit filed on Feb-

`ruary 28 by the ACLU in federal court. |

The class action suit seeks to stop the

forced administration of the controver-

sial drugs, known as psychotropics,

which cause people to become com-

pletely apathetic, incapable and coma-

tose, a condition termed by patients

and professionals as "the thorazine fog."

Prof. Morton P.- Cohen of Golden

Gate University School of Law repre-

'. sents the plaintiffs on behalf of the

ACLU's Northern California Founda-

tion. The plaintiffs in the suit are all

persons who have suffered or are suf-

fering from the effects of psychotropics.

"Current conditions," according to

Cohen, "deny mental patients the con- -

stitutional rights to due process, privacy

and freedom of thought. This suit seeks

to give both voluntary and involuntary

mental patients the right to refuse psy-

chotropic drugs."'

Named as defendants in the suit are

Governor Edmund G. Brown, Jr.,

Mario Obledo, Director of the Cali-

fornia Department of Health and Wel-

fare, and Dr. Jerome Lackner, Director

of the Department of Health, which

either licenses or actually operates all

facilities within the State where such

mind-altering drugs are administered.

If patients are not informed of and

given their constitutional rights, the

- plaintiffs have asked the U.S. District

_ Cops denied hearing on free speech

The U:S. Supreme Court has refused

to decide whether the First Amendment

permits the San Francisco Police

Department to discipline two off-duty

`police officers for criticizing publicly

practices of the department which the

officers alleged were racially

discriminatory and possibly uncon-

stitutional.

Justice Potter Stewart said he would

have liked to hear arguments on the

case but was unable to gather the

necessary four votes.

_ The brief order lets stand two lower

federal court decisions against the men.

_ The suit was brought by Jesse Byrd, a

black, and Travis Tapia, a Mexican-- -

American, against the chief of police

and other officials.

Both officers are active members of

Officers for Justice, a San Francisco po-

lice officers' association comprised of

minority members of the department.

The association was also a plaintiff 1 in

the suit.

Byrd, a member of the Traffic

Bureau, likened to ``gestapo type tac-

tics"'

the stop-and-frisk procedures |

Court in San Francisco to order the

state to stop from licensing or operating

such facilities.

Written testimony from psychiatrists,

included in the suit, includes a state-

ment from Dr. Lee Coleman of Berke-

ley who charged that, ``forced drugging

is not only anti-therapeutic, it is a hu-

miliating and degrading experience

which I have heard several victims

describe as `chemical rape.' "

Complaints which prompted the

ACLU to challenge the administration

_ of such drugs without informed consent .

included the statement by a young

college student, now a plaintiff in the

suit, who herself voluntarily entered a

mental facility, but once there was forced -

to take the drugs. She described the

_effect as follows: You become confused,

Mental patients sue to refuse `dangerous' drugs _

dissipated into the atmosphere around -

you. There is no you - no control or

identity. Impulses control you, from

sources you are unaware of. There is a

_ total disintegration of yourself. You

have no emotions. You do not feel

human.

The ACLU contends that between 15

and 47 deaths have been attributed to

psychotropic drugs used on patients in

state mental hospitals. Widespread

misuse of drugs as punishment and for

control purposes is also alleged.

"Psychotropics are often prescribed

_ by non-physician staff, with no controls.

whatsoever,' Cohen said. `Hospitals,

such as Napa.and Metropolitan in Los

Angeles, have used outdated drugs,

failed to specify dosages and frequen-

continued on page 3

At a press briefing on Feb. 28 (left to right) Dr. Lee Coleman, Prof. Mort Cohen and Margaret

Emory, a former patient explained how mental patients are denied basic constitutional rights.

used by police in the black community

during the 1974 "Zebra" manhunt. He

addressed the press while off duty on

behalf of the Officers for Justice.

Tapia, who was assigned to the

Community Relations Bureau, also

- called a news conference on behalf of

the Officers for Justice and said, `"Once

again citizens of San Francisco's Latino

community have been victimized - by

police crimes and official terrorism.'

His remarks related to an incident on

Feb. 24, 1974 in Mission Dolores Park,

when the police were called in to Buel a

disturbance.

Fellow officers lodged comoliiats

against Byrd and Tapia and official

reprimands are in their personnel files.

`They sued to have the documents

removed.

S.F. police Regulation 2.13, which (c)

Police officials invoked as grounds for

punishing Byrd and Tapia, states in

part that, "any conduct ... which

reflects discredit upon the department

. .. bs considered conduct triable and

punishable by the Board.'' ACLU

continued on page 4

Equal rights for

-erime victims

The New York cab driver who spent a

lifetime driving his taxi in New York

without a robbery, only to be shot bya

sniper on his vacation in San Francisco,

deserves a better deal under Califor-

nia's Victims of Crime law, the ACLU

contends in a lawsuit filed on February

282

Bernard Ostrager, the 57-year-old

cab driver, ``is caught in a real `Catch

22' situation,' ACLU staff attorney

Amitai Schwartz said. :

"The man can't recover under New

York's victim compensation law, which

provides aid to crime victims, because

his injury took place in California.

"California's Victims of Crime Act

only provides coverage for residents of

this state. Non-residents need not

apply!" Schwartz commented.

The ACLU filed suit in San Francisco

Superior Court on Ostrager's behalf,

claiming that California's Victims of

-Crime Act unjustly denies Ostrager the

privileges and immunities available to

continued on page 3

De Lancie/Mayer Be oe

Abortion nghts |

budget battle

By Brent Barnhart

ACLU Legislative Representative

Previous California legislative battles

regarding abortion laws have been |

fought over the concept of viability and

physicians' responsibilities for the lives

of fetuses (1975-77); prohibitions

against abortions performed without

"informed consent" (1977); and

memorials to the Congress calling for

state-option legislation. -

In 1978, however, the "pro- -abortion"'

or "`pro-choice" forces having preserved

throughout these battles the basic legal

`tight to abortion, will fight on a dif-

ferent front: a $35 million budget

appropriation to replace the federal

funds no longer available to pay for

poor women's abortions since the

passage of the so-called Hyde amend-

ment.

Though a bill expressly forbidding

Medi-Cal expenditures for abortion

(A.B. 2064-Chappie) died without

e

hearing early this year, an uphill

struggie to push through the 335

million "line item" in the 1978-79 State

budget is expected.

Most of the Medi-Cal program -

which provides health care for the poor

- is paid for with Federal funds, but

California annually adds to the $1.45

billion in Federal expenditure. Of the

$100 million supplemental state ex-

penditure requested from _ the

Legislature for fiscal 1979, about $35

million would replace the abortion

funds Congress refused to appropriate.

As President Carter said, ``Life is

Unfair."

The budget bill for fiscal 1979 must

be passed by June 30, 1978, or State

government halts. That makes the

budget process a springtime affair. The

Governor's Department of Finance and

the Legislature's Joint Budget Com-

mittee are the twin giants of the titantic

annual money fights. Once the

executive agencies have presented

themselves hat-in-hand to the Finance

Department, and the latter has made its

recommendations, it is the Office of the

Legislative Analyst, under the direction

of the Joint Legislative Budget Com-

mittee, which takes over, producing

annually the 1200-plus-page "Analysis

of the Budget Bill."

The budget bill, together with the

"Analysis," go then to the Assembly

Ways and Means and the Senate

Finance committees.

On the Assembly side, Ways and

Means Subcommittee No. 1 (Health (c)

and Welfare), chaired by Art Torres of

Los Angeles, will deal with the abortion

appropriations (Line items 248 and

251). In addition to Torres, members

`Howard Berman of Los Angeles and

Frank Lanterman of Glendale are "`pro-

choice," while Gordon

Hanford is outspokenly against

continued on page 3

Duffy of

\March 1978

`aclu news

Letters...

To the Editor:

Please let me make use of the News to

express my appreciation to the Board of

the ACLU and of the Foundation for

my being selected as the 1977 recipient:

of the Earl Warren Civil Liberties

Award.

My appreciation is lcs given to the

hardworking arrangers of the December

11th affair. To the staff; to the speakers

and to all those who took time out to be

present at the occasion to renew our

honoring of the Bill of Rights.

I also want to thank all those who with

their contribution made the date a fi-

nancial success and thus helped with the

carrying on of the work of the ACLU.

My heartfelt thanks goes to the artists -

who made such a memorable contribu-

tion with their arrangement of the pho-

`tos, music and lively presentation of the

audio-visual memorabilita. |

_ While I take this opportunity to thank

- one and all for their respective contri-

bution I do know that all or most of it

was done to honor the Bill of Rights

and my modest contribution to advance _

those rights was only incidental. I use

the words "modest contribution'' ad-

visedly, because I believe that we do

not do enough as it is demonstrated by

`Son of S17 moves to House -

Join ihe ACLU and the Coali-

tion Against S-1437 in a

special public forum:

Friday, March 31

7:30 p.m.

James Lick Junior High Auditorium

1220 Noe (at 25th St.)

SPEAKERS: Nancy McDermid,

ACLU Board member

`California NCARL

Write to your Representative in the

House. Urge opposition to S-1437.

Address: House Office Building,

Washington, D.C. 20515

Richard Criley, Director northern :

the present encroachment by the

powers that be upon individual rights.

I join with all others who contributed

to the success of the December 11th

celebration in pledging my continuous

awareness for need of unremitting

effort to safeguard the Bill of Rights.

Francis Heisler |

Carmel, California

S-1437, a bill opposed by the ACLU

which would overhaul the entire body of

federal criminal law was approved by

the Senate on January 30, after only -

eight days of debate. California Senator

Alan Cranston joined the 15 Senators

opposed to the bill who were sorely

outnumbered by 72 legislators voting

for passage.

Hearings are slated to begin this

week in the House of Representatives

on a companion House Bill - H.R.

6869. H.R. 6869 will first be heard by -

the House Judiciary Subcommittee on

Criminal Justice.

The Senate paid surprisingly little

attention to civil libertarian criticism of

the bill, according to key Washington

observers. The vast 382-page measure,

- which includes more than a thousand

pages of amendments, is predicted to

receive much greater attention

throughout the House deliberations.

Taking stock of S-1437 (H.R. 6869)

after its final passage by the Senate, the

ACLU's Washington Office concluded |

that, "the final result is a damaging

compromise of civil liberties."

Although the Bill as introduced was -

an improvement over S.1 and several of

its dangers were removed by the Judi-

-clary Committee and on the Senate -

floor, on balance S.1437 is still a

dangerous piece of legislation. It.

includes new crimes which could curtail -

the rights of picketers and .

demonstrators, broad provisions which

could limit the First Amendment

protection of press sources, a new solici-

tation offense and a vague conspiracy

law which would invite prosecution of

political or controversial speech and

association, national security crimes

which could affect political dissent, a

widening of the federal obscenity laws,

enactment for the first time of a federal

preventive detention law and a variety

of provisions which cut deeply into

Fourth and Fifth Amendment rights.

_ACLU's Washington office claims

that until objectional sections are re-

moved or substantially amended the

ACLU must continue to oppose the bill.

This position is especially important in

the House, where the political situation

is more volatile and the possibility of a.

more objectionable bill than the one |

which passed the Senate is substantial.

Gain for gay parents

Jeanne Jullion, a lesbian mother,

was granted permanent custody of one

of her two children as the result of an

| open hearing held in Alameda Cqunty

Superior Court in January. -

| . The ACLU had joined counsel for

| Ms. Jullion in the disputed custody

| hearing as a friend of the court, asking

| Judge Robert H. Kroninger to grant

| Ms. Jullion her right to an open trial,

which is, ACLU staff counsel Alan

| Schlosser argued, ``an integral part of

the constitutional guarantee of a fair

trial." e

_ At an earlier temporary custody

-| hearing, Alameda County Superior

Court Judge Gordon Minder had

| banned the public and the press from

attending, claiming that the mere fact

of the mother's sexual preference might

stigmatize the children if it were revealed

to the press.

As anticipated, Judge Kroninger, in

| the permanent custody trial, did consi-

der whether or not the press and the

- public should be banned from attending

the hearing, and granted ACLU coun-

| sel Schlosser permission to submit

| briefs and argue why the court room

| should be opened.

| Schlosser successfully argued that,

| "if the court at the outset of the trial

| excludes the public by conclusively pre-

suming that Ms. Jullion's lesbianism

| will create a stigma detrimental to the

| best interest of the children, then this,

| in effect, prejudges the merits of the

case. For once a stigma adverse to the

| children's best interests is presumed to

justify closing the courtroom, such a

| presumed stigma will lead inexorably

| to a decision that it would not be in the

| best interest of the children to award

| custody to the gay parent."

Throughout the one-week hearing

the court room was open, although the

case did not receive the massive pub-

licity from which counsel for the child-

rens' father had sought protection.

Deadly force appealed

Police use of deadly force has again

been brought before the State Supreme

Court by members of a burglary sus-

pect's family, Roland Peterson, who

lice officersin 1972...

The California Court of Aopeat

ruled in favor of the Petersons' claim,

in a wrongful death action, that the use

of deadly force in attempting to appre-

hend Mr. Peterson, a non-violent

fleeing felony suspect, was unconstitu-

tional.

Defendant City of Long Beach, has

appealed the ruling to the California

Supreme Court. _

The ACLU Foundations of Northern

and Southern California as friends of

the court, along with the N.A.A.C.P.

Legal Defense and Educational Fund,

the Mexican American Legal Defense

`|and Educational Fund, and the Northern

California Police Practices Project argue

that police shooting a non-violent

matter of law, in a wrongful death action.

A 1977 ACLU-Police Practices Pro-

ject case, Kortum v. Alkire, interpreted

California statutory law to allow for the

use of deadly force by police only when

a felony offense could be characterized

as "`violent."'

Two major issues of individual liberty

are raised by the use of deadly force to

apprehend a non-violent fleeing felony

| suspect, according to the amicus curiae

brief: the sanctity of the individual

against governmental intrusions of "`in-

tolerable intensity-and scope," and the

right of every suspect against punishment

without trial.

Amitai Schwartz, ACLU. staff coun-

sel and director of the Police Practices

Project, and volunteer attorneys An-

thony Amsterdam and Nicholas

Waranoff are representing the interests

of the friends of the court in this litigation.

was shot and killed by Long Beach Po--

fleeing felony suspect are liable, as a

Legal Briefs

IRS reverses rule -

Agreement has been reached between

the Pride Foundation, a local gay rights

educational fund, and the Internal

Revenue Service as to whether the Pride

Foundation, without certain conditions

restraining their First Amendment

activities, qualified' as a tax-exempt

organization.

Beginning in May, 1976, the ACLU

represented Pride, criticizing the IRS

practice of granting tax-exempt status |.

only to gay rights organizations which

agreed to the following condition: "`that

none of your educational programs

included any substantial advocacy of

the position that homosexuality is a

mere preference, orientation, or

propensity which is on par with hetero-

sexuality or would otherwise be

regarded as normal. Accordingly, no

individual you sponsor and no material

you publish or subsidize may develop or

present arguments in favor of the

alleged normalcy of homosexuality

other than as an integral part of a

reasonably full and fair presentation of

opposing views. "'

The ACLU claimed that the

"condition" was, in effect, a licensing

procedure for reviewing speech in

advance. The ``condition'' violated

Pride's First Amendment rights,

according to the ACLU, because the

terms were too vague for Pride to

understand what it could and could not

do; the conditions represented a prior

restraint upon Pride's speech; the

procedures for reviewing Pride's license

were unfair; and finally, that the IRS's

decision was based, in part, upon the

false presumption that homosexuality

violated California criminal law.

IRS recently modified its policy and

deleted the ``condition'' paragraph,

thus granting Pride, as well as two other

gay rights groups, tax-exempt status

with no `First Amendment Strings'

attached.

indigent clients and county jail inmates

`policy, which prohibited the deputies

_ public defenders. who failed at per-.

from. informing clients that law firms

Defenders dismiss suit

Deputy public defenders in Contra

Costa County may now advise their

that legal advice and assistance is

available for civil matters.

More than three years ago 28 Contra

Costa deputy public defenders filed suit

in federal court challenging their boss,

Public Defender Patrick M. Murphy's.

from informing their clients that free

public interest law groups' were

available to litigate `test' cases.

The ACLU represented the deputy

suading Murphy to rescind his policy,

The ACLU's lawsuit maintained that

this policy violated the public defender

- plaintiff's First Amendment rights; |-

the public defender's clients right to full

and effective counsel; and that the

policy conflicted with the defense

lawyer's ethical obligations.

Last year the federal court refused to

enjoin the Public Defender from

promulgating this policy, and an even -

more restrictive policy was adopted

which not only prohibited deputies

were available for `test cases,' but also

barred the deputies from referring their -

clients to civil attorneys. (Civil attorneys

handle non-criminal matters, such as

divorce.) :

Prolonged negotiations ensued

between the Public Defender and his

deputies represented by ACLU Staff.

Counsel Alan Schlosser, which resulted

in a modified policy which now provides

that public defender clients will be-

notified that their deputy public

defender can help them in obtaining

civil legal advice and assistance.

Permission, however, must be obtained

from the Public Defender when groups

are seeking plaintiffs for `test cases'

before any referrals can be made.

As a result of this stipulation, the:

federal court case was - dismissed

without prejudice.

Victims continued fron page I

California residents. |

Ostrager's November, 1976 vacation

in San Francisco was abruptly ter-

minated when he was wounded in the

_leg by a sniper's bullet, fired near the

corner of Powell and O' Farrell Streets.

The lawsuit argues that California's

restriction prohibiting non-resident

applications for crime victim com-

~ pensation is a "`cruel irony," violating

state and federal constitutional

guarantees

residents of other states. The effect,

according to Schwartz, is to deny equal

_ protection of the law to non-residents

and to infringe on their right to travel.

The Victims of Crime Act provides

_ that victims of violent crime may receive

compensation through the State Board

of Control if they meet certain con-

ditions relating to financial hardship.

The ACLU wants the Superior Court

to order the Board of Control to accept

Ostrager's application.

"Although the State and the City of

San Francisco" actively promote

tourism, the goodwill apparently ends

when a non-resident vacationer is

violently injured on city streets,'' Sch-

wartz stated. "In a country which

recognizes the right to travel, there is no

constitutional justification for the

arbitrary treatment of a man _ like

_Ostrager who gets gunned down on

vacation,' Schwartz concluded.

Cooperating attorney Michael

Traynor of Cooley, Godward, Castro,

`Huddleson and Tatum is representing (c)

_ Mr. Ostrager on behalf of the ACLU. A

hearing is scheduled

Francisco Superior Court on April 7.

Abortion conned from page |

abortion and Tom Suitt of Palm |

Springs isundeclared. __

.. Senate Finance Subcommittee No. 1

is chaired by Senator Arlen Gregorio of |

San Mateo, who along with Bill Greene

of Los Angeles and John Nejedly of

Contra. Costa County,

woman's right to choose abortion. |

In the full committees, majorities will

be harder to come by. Though 7 of the

13 members of Senate Finance appear

solid, only 9 of the .21 members of

Assembly Ways and Means can be

listed in the pro-choice column. With a

majority of 11 votes necessary to put

_items 248 and 251 over, two more votes

need to be gleaned. Usually sub- |

committee recommendations are

. followed but abortion is "hot" and

nothing ts certain.

The final - and most difficult hurdle

- is the floor of each house, where |

budgets requtre two-thirds majorities.

Pro-choice votes are scarce in both

Senate and Assembly, falling short of

even a simple majority, let alone two-

thirds. On the other hand, the Budget

Bill is voted on as a whole. If abortion

financing makes it through the com-.

mittees, it is likely therefore to make it |

through the final vote ... unless a

concerted effort is made in either house

to hold up approval of the budget until

the $35 million for abortions is deleted.

If such an effort materializes, Governor

Brown will have a hard time garnering

the necessary votes in either house.

Finally, the budget bills passed

eventually in separate versions by

Senate and Assembly will have to be

reconciled by the Budget Conference

Speaker Leo McCarthy

Assembly members.

Committee.

appoints the

of equal treatment to

in the San

The following is reprinted with

permission from the Open Forum, in

tribute to A.L. Wirin, the first civil

liberties lawyer in the nation, and

- the General Counsel to the Southern

California affiliate for more than

In Memoriam: A. L. Wirin |

Sorty years.

A.L. Wirin patsed: away on

January 30, although his immense

contribution in shaping the history

of civil liberties in this state and in

this country, will forever endure. -

A reporter once asked him how he

found his clients.

usually select them for me,'' quipped

- ACLU of Southern California.

"They deny a political group a

police disperses a peaceful demon-

stration. If civil liberties are abused

in any way, we're interested in the

case.

Such was the legal wit and philo-

sophy of A.L. Wirin, a man so

strongly dedicated to protecting civil

liberties that his name _ was

sometimes used as a synonym for

ACLU.

age of 77 marked the end of an era

for the ACLU. He will be

remembered because of his wit and

brilliant legal tactics, but even more

because of his unfaltering

commitment to the Bill of Rights

and civil liberties.

The bearded, charismatic Wirin

once explained to a reporter:

"In order to protect the rights. of

- anyone, the rights of all must be

equally secure. The rights of all

persons are wrapped in the same

constitutional bundle as those of the

-most hated members of society."?

Thus: did Wirin earn the dis-

tinction of being `"`not quite like any

other man.'' This kind of activity,

"The police.

the longtime chief counsel for the |

permit to parade, or the chief of

Wirin's death last month at the

together with his brilliance as an

attorney, helped pave the way for his

inclusion in the history of the ACLU.

Born in Bresna, Russia, April 11,

1900, Wirin immigrated to the

United States at the age of eight. A

graduate of Harvard College, Wirin

completed his education at the

Boston Law School in 1926 and later

became a successful pan eeuptcy

lawyer in Los Angeles.

In 1931 Wirin, tired of the bank-

ruptcy practice, drove to New York

to talk with Roger Baldwin, who

founded the ACLU in 1920.

- stage for Wirin to become the first |

full time civil liberties attorney in the ~

~ United States, although his salary -

- $100 a month - was but a fraction

office.

`threatened. At one point he narrowly

Valley.

_ legal profession. He represented the

`pinnacle in the practice of the law.

larity, he contributed immeasurably

March 1978 |

aclu news |

The ensuing conversation set the

of his earnings as a bankruptcy

lawyer. :

In the years that followed, Wirin

would argue more cases before the

U.S. Supreme Court than any

attorney outside of those employed

by the U.S.: Solicitor General' S

The Con iayaesy surrounding

Wirin and the American Civil

Liberties Union for their defense of

the Bill of Rights would literally

place his life in jeopardy.

At different points in his career

with the ACLU, Wirin would be kid-

napped, assaulted, robbed, and

escaped being tarred and feathered

afer involving himself in a heated

labor dispute in the San Joaquin

But Wirin would not be deterred.

His staunch commitment to civil

liberties earned him the following |

epitaph from two of his colleagues,

Fred Okrand, Wirin's successor as

Southern California's Legal

Director, and Stanley' K.

Sheinbaum, Chairman of the ACLU

Foundation, who knew him best:

`"`He was a giant in the civil

liberties world and a tower in the

Never flinching from his duty. to his

client because of his or her unpopu-

to the progress of democracy. 2

favors the

.. libertarians.

Senators on the joint committee will be

named by the Senate leadership: James

Mills (San Diego), Nick Petris (Alameda

County) and Jerry Smith (Santa Clara)

of the Rules Committee; and Al Rodda

(Sacramento),

_ Committee.

Every legislator in Sacramento knows

that President Carter's refusal to fund

abortions under Medi-Care may have

provided an issue for Brown to use to

his own advantage. There will be an

abortion initiative on the ballot, and the

question will be in every voter's mind at

a time when lots of political fortunes (c)

will be at stake.

Budget. matters are usually dry, but

Medi-Cal alone makes the fiscal battles -

more interesting than ever to civil

A $35 million ap-

propriation will determine whether

poor women may exercise a con-

stitutional right...

head of the Finance -

Drugs continued from page 1 |

cies, and made errors in more than 40

- percent of the prescriptions."'

Permanent brain damage often oc-

curs as a result of taking psychotropic

drugs, the suit claims, and a particular-

ly prevalent side effect is a permanent

disease known as tardive dyskinesia,

characterized by uncontrollable move-

ments of the mouth and tongue, move-

ments of the eyes, and jerks of the head

and extremities.

- One of the plaintiffs, currently forced

to take drugs at Napa State Hospital,

had earlier managed to dispose of his

psychotropics, at which point, the suit

claims, he was told by staff that he was

improving. When discovered not to be

taking the drugs, he was promptly put

on a-regime of forced injections, from

which he is presently recovering, but

an still cause him - pace ponstanty,

"his mouth | to quiver, and stops him

from thinking.

The constant pacing. has been `jo-

kingly' characterized, by the state hos-

pital staff members as the "Prolixin

and Thorazine shuffle" and the ``Stela-

zine stomp,"

ment of another plaintiff.

`Cohen indicated that,:under the pre-

sent California mental health system,

mental patients may be drugged at

will by hospital personnel, without any

rights whatsoever. "`No court hearings

are held to determine whether such

persons are capable of consenting to

| such treatment, whether such treat-

ment is harmful; whether it is neces-

sary, or whether it is the least restric-

tive form of treatment available. :

"Plaintiffs are seeking to stop this

involuntary treatment and to be treated

like any other medical patient," Pro-

fessor Cohen said.

according to the state-

TAKE ACTION:

@ Write letters to your Assembly:

member and to your State Senator.

Address all correspondence to State

Capitol, Sacramento 95814.

@ Please send copies of your

letters to the ACLU Campaign For

Choice, 814 Mission St., Suite 301,

S.F. 94103. Anti-choice forces are

able to generate hundreds of letters,

_porters too - and identify members

who we can turn to for further action

we must be able to count our sup- |

throughout this Campaign.

Cala) 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

Warren Saltzman, Chairperson David M. Fishlow, Executive Director

Dorothy Ehrlich, Editor

Publication Number 018040

814 Mission St. - Ste. 301, San Francisco, California 94103 - 777-4545

Membership $20 and up, of which 50 cents is for a subscription to the aclu news

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

_ for six months.

March 1978

aclu news

oN

CHAPTE

Monterey

"Who Needs the First Amendment"

was the subject of the Monterey Chap-

ter's bi-monthly educational meeting on

February 14, which was attended by

some 55 people, who filled the Northern

California Savings and Loan Communi-

ty Room in- Carmel to capacity. The

forum was opened by civil liberties at-

torney Francis Heisler, who reviewed

the history of the ACLU's position,

landmark decisions of the U.S. Supreme

Court since the promulgation of the _

Holmes' dicta of "clear and present'

danger,' and the changing interpreta-

tions of the First Amendment in recent

years.

A lively discussion followed, with |

opinions ranging from strong objection

to the ACLU's defense of Nazi's First

Amendment Rights to arguments that

the ACLU must continue to defend the

freedom of all opinions, without excep-

tion, if the integrity of free speech is to

be protected for everyone.

Despite the sometimes emotional

presentation of conflicting views, the

spirit of give and take, and respect for

_ differences was in the best tradition of

the ACLU. One measure of success was

the recruitment of several new members

by the Chapter and the duration of the

socializing around wine and cheese

afterwards. :

There was a concensus that the ex-

ploration of this issue which has gen-

erated strong pros and cons contributed

to a deeper understanding of ACLU

policy. and to a feeling of greater ae

in the Chapter.

The Chapter will continue to hold

alternate monthly meetings on other

important and sometimes highly con-

troversial questions to which the public

and general membership will be invited

as an integral part of the erable

program.

@

San Francisco

The first meeting of the San Fran-

cisco` Chapter Board this year was de-

voted mainly to the election of officers.

This year the task was particularly diffi-

cult due to the untimely death of former

Chaitperson, Ruth Jacobs, in Novem-

ber of 1977. Instead of filling the po-

sition immediately, the Board decided

to elect three Vice-Chairpersons who

will assume the duties of Chairperson

~Bruce Johnston will

chair meetings, Carol Johnson will serve

as "whip," and Arthur Brunwasser will

be public spokesperson for the chapter.

Anson Moran will continue as treasurer.

Other appointments include, Richard

Weinstein - secretary, Bob Calhoun -

representative to the affiliate Legal

Committee, Rosemary Ackerman - rep-

resentative to the affiliate Legislative

Committee, and Howard Jones - repre-

sentative to the affiliate Chapter Com--

mittee. For the next six months, the

chapter will alternate non-voting repre-

sentatives to the affiliate Board of

Directors. .

In addition to elections, Board mem-

_ bers agreed to cooperate with the San

Francisco Committee to Stop S-1437,.to

investigate the Redesign Plan of the San

Francisco Unified School District, and

to look into alleged misuse of ``gag

rules'' against pubic and private

eS.

Orkid Earl Warren Chapter

Having changed the geographic

boundaries of what was the Oakland

Chapter to include all of Alameda

County, except Berkeley and Albany,

the Oakland Chapter searched for a

name to reflect its new territory.

Instead of identifying the Chapter on -

the basis of its geographic area, unani-

mous approval was reached by both the

affiliate and chapter Boards to name it

after the late Chief Justice Earl Warren.

Justice Warren was the District Attor-

ney for Alameda County for many years

before he became the Bill of Rights'

consistent champion as the Chief Jus-

tice of the U.S. Supreme Court.

The Earl Warren Chapter, which

now includes more than 1,000 ACLU

members is proud to announce its new

name, and hopes to enrich much of

Alameda County with the same spirit of

justice as its namesake would command.

~ The Board of the Earl. Warren Chap-

ter is continuing their monthly meetings

on the first Wednesday of the month.

Next month we hope to launch our

big annual fundraiser and announce a

general membership event. Watch for

details in next month's column.

The "orientation"

Gay Rights

An orientation meeting for members

who wish to participate as ACLU

speakers is being sponsored by the

chapter' s Public Affairs Committee.

session, led by

ACLU Executive Director David M.

Fishlow, will begin at 7:30 p.m. on

Monday, March 27, in the offices of the

ACLU at 814 Mission. Street in San

Francisco.

In order to increase its educational

outreach, the Gay Rights Chapter

wants more members who are able and

willing to talk to groups about civil

liberties, gay rights and the ACLU.

Fighting the backlash created by the

"New Right'? will require articulate

human rights spokespersons, who can

point out the link between' the anti-

feminist, anti-gay, anti-racial minority,

and pro-death penalty forces.

s

Sacramento

Charges that the Sacramento County -

Children's Home is not providing an

adequate education for its children-

residents were brought to the chapter's

attention at their January meeting by.

Steve Fraulss, Chairperson of the

Sacramento County Board of

Education.. -

The chapter's Legal Screening

Committee is investigating this

allegation, as well as indications that

the Home lacks qualified therapists and

counselors appropriate for the often

neglected or troubled children.

A challenge to the

Sacramento's "loitering ordinance,"

which is being litigated by Wayne

Harbarger, of the chapter's Legal

Committee, is scheduled for hearing on

April 10. ACLU's lawsuit maintains

that the ordinance, which makes it

illegal to remain in a bus depot without

a "`legitimate purpose," is uncon-

stitutional. :

Mid-Penins ula

The Mid-Peninsula Chapter. an-

nounces a Juvenile Rights Forum to be

held Saturday, April 1, 9:00-12:00 a.m.,

at the Syntex

Hillview Avenue in Palo Alto.

Speakers include: Robert Masterson,

Supervising District Attorney in Santa

Clara County Juvenile Court; a Juvenile

Probation Officer; a police department

representative; and Leonard Edwards,

practicing defense attorney in Juvenile

Court.

For further information call Len

Edwards at 287-6193.

City of.

Auditorium, 3401

Berkeley-Albany-

`Kensington

In January, the Berkeley baa

Kensington Chapter held its first

meeting for 1978 and elected the fol-

lowing officers: Chairperson: Ginger

L.C. Gould, Secretary: Dorothy Le-

garreta, Treasurer: Richard Riffer, and

Vice Chairperson: Florence Piliavin.

- Initial efforts for developing new

chapter programs are underway, and

suggestions from ACLU members

would be appreciated.

The B-A-K Board at the suggestion

of the ACLU Gay Rights Chapter, en-

dorsed a proposed Berkeley ordinance

which would ban discrimination on the

basis of sexual preference in employ-

ment, housing and accomodations.

The next Board meeting is scheduled

for March 23:

Santa Cruz

The Santa Cruz Chapter encourages

you to share in the support of the -

American Civil Liberties Union, at its (c)

gala Dinner-Dance to be held Sunday,

March 12, 4:00 p.m., at Greenwood

Lodge in Soquel. .

Guest speaker for the event will be (c)

celebrated attorney Vincent Hallinan,

and music will be provided by the Cider

City Jazz Band.

Ticket orders, at $7.50 per person, or

contributions should be sent to the

_ chapter c/o 133 Oak Knoll Drive, San-

ta Cruz 95060 or you may cul 438-3153

or 425- 1733.

Cops continued from me 1

maintained that this case illustrates how

rule 2.13 can be applied arbitrarily to |

pure speech made by off-duty police of-

" ficers in violation of their constitutional

rights.

In 1975 the ACLU and the Mexican-

American Legal Defense and Education

Fund (MALDEF) asked the U.S.

District Court to order the defendants

to-destroy the reprimands in Tapia's

_ and Byrd's files and to enjoin them

from violating the officers' First Amend-

ment rights in the future.

The District Court rejected the claim

without a trial. An appeal of that

decision in 1976 to the U.S. Court of

Appeals was unsuccessful, thus leaving

the issue in the hands of the U. S.

_ Supreme Court.

"If the judgment of the District

Court and the Court of Appeals reflects

correctly the law of the First Amen-

dment, there will be few opportunities

for the public to learn or hear about un-

- constitutional police action from mem-

bers of the force,"' according to Amitai

Schwartz, Police Practices Project At-

torney, who had asked the U.S.

Supreme Court to overturn the lower

court decisions.

"The implication of the federal court

decision is that the public's right to

know about police affairs will be limited |

to sanitized press releases issued by the

Police Department's public affairs

bureau. That kind of one-sided debate

is not the robust discussion of public af-

fairs contemplated by the First Amend-

ment,' Schwartz said.

In the petition asking the high court

to hear the case, ACLU had claimed

that- police officers, like teachers and

other public employees, should be able

to enjoy the right to freedom of ex-

pression in matters of public concern,

- even when that expression is critical of

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Reserve the weekend of April 28-30

to attend the Annual Chapter/Board

Conference to be held at Greenwood |

Lodge in the Santa Cruz Mountains.

"Fighting Back Against the Back-

lash"? will be this year's theme.

Please plan to join us.

The Civil Liberties Radio

Education Project Presents:

**Holy Incompetent:

Conservatorship laws, Deprogramming

and Religious Freedom"'

KPFA Radio-FM 94.1

~Monday, March 27 7:00 p.m.

First in a series of six programs pro-

duced at Pacifica Radio - KPFA by

award-winning public affairs pro-

grammer Adi Gevins funded by a grant -

from the California Council for the |

Humanities in Public Policy. ACLU

Executive Director David M. Fishlow

will serve as primary consultant for the

hour-long documentaries examining

American Civil Liberties - What are

they? Who needs them? Who wants

them?