vol. 49, no. 5

aC

lu news

Volume XLIX

June-July 1984

No. 5

In the Case of Juvenile Offenders

State Must Pay for Care

Parents of a juvenile offender who is

placed in custody do not have to reim-

burse the state for the care and support

of the child, ruled the California

Supreme Court recently in the case of Jn

re Jerald C.

The ruling invalidates a statute, Sec-

tion 602 of the state Welfare and Institu-

tions Code, which mandated that ``the

father, mother, or other person liable for

the support of a minor person . . . shall

be liable for the cost of his care, support

and maintenance in any county institu-

tion in which he is detained or committed

pursuant to the order of the junvenile

"COURL =

The ACLU-NC had submitted an

amicus brief in the case challenging the (c)

statute, arguing that because the state's

criminal statutes and its incarceration

facilities serve special societal needs, the

costs of incarcerating a juvenile offender -

must not be borne by only a few citizens

- the offender's parents - but is the

responsibility of the state.

The ACLU brief, written by cooper-

ating attorney Cynthia Remmers and

staff counsel Margaret Crosby, asserted

that when the government elects to use

Street Sheet for Convention Demos

Can my free speech rights be restricted

because of what I want to ae - even if

its controversial? -

If I will not be able to reach the

delegates as they enter and exit Moscone

Center, can I communicate with them at

their hotels?

What should I do if my rights are be-

ing violated by a police officer?

The answer to these and many other

questions are now available in an

ACLU-NC _ street sheet for all

demonstrators, marchers, speakers and

others who plan to exercise their First

Amendment rights during Convention

~ Week in San Francisco July 16 - 19.

Your Free Speech Rights during the

Democratic National Convention is a

comprehensive guide to free speech

rights prepared by the Democratic Pro-

ject of the ACLU-NC. The English ver-

sion was written by Project attorney

John Crew and public information direc-

tor Elaine Elinson; the Spanish transla-

tion was done by ACLU national Board

member Jose Gomez and his colleagues

at La Raza Centro Legal, Bertha

Nauman and Julian Ramirez.

More than ten thousand street sheets

have been produced and are being

distributed through the ACLU and the

many groups that are organizing

demonstrations, rallies and marches dur-

ing Convention Week.

If you can help distribute the street

sheet, please come to the ACLU of-

its judicial machinery to segregate a child

from his family based on a finding of

juvenile misconduct rather than parental

neglect, it must subsidize the incarcera-

tion it demands.

The section of the law assigning costs

a she incarceration | of Ejuyeniles to we

parents is in violation of the constitu-

tional guarantee of the equal protection,

the ACLU charged.

fice or call John Crew or Marcia Gallo

at 415/621-2488.

Volunteers Needed

Volunteers are needed as _ legal

observers, Legal Assistance Hotline

respondents and on-call attorneys during

Convention Week. We need criminal

justice attorneys who are willing to be on

call for limited periods of time during

Convention Week. We also need Legal

Observers (you do not have to be an at-

torney) to be present at all major

demonstrations and events during that

week. Training for legal observers will

take place on June 30-at the ACLU

`Rights Seminar'' (see ad p. 1). If you

can volunteer for any of these tasks,

please call John Crew or Marcia Gallo at

the number above.

Hotline

The ACLU and the National Lawyers

Guild are setting up a special Legal

Assistance Hotline during the Conven-

tion. If you are arrested while attending

a demonstration, march or engaging in

other free speech activities, legal

assistance will be available. The

ACLU/NLG Hotline will operate from

Thursday, July 12 until through Friday

July 20.

ACLU/NLG Hotline is

415/777-2829.

SNT/4affarT aanvT

In an attempt to halt the use of an

electronic listening device which can

monitor conversations in the Protestant

chapel of a California Youth Authority

facility, the ACLU-NC has filed an

amicus brief in the state Court of Appeal

on behalf of two youthful inmates.

According to ACLU-NC staff at-

torney Alan Schlosser, ``This electronic

surveillance of incarcerated juveniles at

the Karl Holton CYA School violates

their fundamental rights of religious

freedom and privacy guaranteed by the

California Constitution."'

`That private communications -

even for incarcerated persons - within a

religious chapel are included within the

zone of privacy protected by Article I,

Section 1 of the California Constitution

is self-evident,'' Schlosser stated. ``More-

over, the Penal Code makes it explicit

that imprisonment does not eradicate the

rights of privacy in conversations with a

religious advisor."' .

Schlosser, who successfully argued

before the California Supreme Court

that electronic surveillance of adult in-

mates' jail conversations was unlawful in

the case of DeLancie v. MacDonald in

1982, also drew on the Supreme Court

ruling in that case to illustrate that the

California Constitution's protection of

De-Bugging the Chapel

privacy goes beyond even the federal

standard.

``The Supreme Court recognized in

DeLancie that unlawful monitoring of

inmate conversations `offends the fun-

damental right of privacy guaranteed by

the California Constitution' '' Schlosser

said. ``A majority of the justices on the

California Supreme Court are prepared

to recognize that California provides

greater constitutional privacy protection

for persons in law enforcement custody

than is provided under the U.S. Con-

stitution."'

CYA authorities maintain that the

courts should have a ``hands off'' policy

with respect to prison officials' decisions

concerning conditions of confinement

even when constitutional rights are at

stake.

`*But,'' Schlosser argues, ``this would

create an untenable situation. When fun-

damental rights are involved, as in this

case, the courts are not mandated to ab-

dicate their role of judicial review to

prison officials."'

The. ACLU contends that the prison

officials cannot prove that bugging the

inmates' chapel is a necessary security

measure and therefore this intrusion of

the CYA residents' privacy must be

halted. continued on p. 7

i mt

or "yes lo peace

, . LO propose a new idea

.. dont miss ACLU's

with arrest

Speakers will include:

planning "back-up" assistance

e ACLU staff attorneys

KNOW YOUR RIGHTS FOR CONVENTION WEEK!

Your right to speak - to march - to hold up a sign or hand out a leaflet -

democratic process. But will your rights be respected when the Convention comes to town?

If you have questions about exercising your rights. . .

. lo say "no" lo war in Central America,

or challenge old ways of doing things

. to join or organize a rally, march. or gathering

or distribute information expressing your point of view

Seminar on First Amendment Rights

and the

Democratic National Convention

ee

aa BL a -

I cae i = SATURDAY, JUNE 30, 1984 ineinipe

Ih [Ae ne ki 10:00 a.m. - 1:00 p.m. | ya Le

4 SE" ACLU Office - 1663 Mission, #460 "Eg MARY

rus San Francisco a

(wheelchair accessible) HC

We! Il cover:

@ "Calendar of Events' - which groups are planning rallies, when, and where

@ What you need to know before taking to the streets

e Legal Resources - what to do, and who to call, if your re arrested or threatened

e Training for Legal ree and Hotline Staffers

e Representatives from groups planning activities prior to/during the DNC

0x00B0 Representati ves from the National Lawyers Guild, People's Medics, and other groups

ADVANCE REGISTRATION IS REQUIRED

Please contact ACLU (415/621-2488

This Seminar is being offered free of charge. Information packets will be provided to each participant.

is vital to the

aclu news

june-july 1984

ACLU Action in S.F. Bathhouse Battle

As the furor around proposals to

regulate the sexual activity of gay men in

San Francisco is officially bounced from

the Mayor's Office to the Police Depart-

ment to the city Public Health Director,

the ACLU has taken action on a number

of fronts with the aim of ensuring that

the right to privacy - now on precarious

footing - becomes a key factor in any

decisions that are made.

At its May meeting, the ACLU-NC

Board of Directors adopted the follow-

ing policy on ``The Rights of Privacy,

Consensual Sexual Behavior, the AIDS

Crisis and Public Health Regulations''

proposed by the Gay Rights Chapter:

"The ACLU-NC will carefully

scrutinize any government effort to com-

bat AIDS which would regulate, restrict

1 that Mayor Dianne Feinstein had

ordered an investigation of sexual prac-

tices of gay men in bathhouses by under-

cover police officers.

In a June 1 letter to the Mayor, Ex-

ecutive Director Dorothy Ehrlich ex-

pressed ``profound objection"' to the in-

vestigation as an ``unjustifiable invasion

of the privacy rights of the patrons of the

bathhouses."'

Ehrlich wrote, ``Those persons mak-

ing use of gay bathhouses do so with a

reasonable expectation that their ac-

tivities will be free from government in-

trusion and that other patrons will be

persons who share a common purpose in

being present in these establishments. It

`is inconceivable that anyone making use

of the bathhouses during this investiga-

"The ACLU-NC will carefully scrutinize any government

effort to combat AIDS which would regulate, restrict or

prohibit consensual sexual behavior among gay men...

99

or prohibit consensual sexual behavior

among gay men, including those sexual

activities thought to be associated with

the spread of AIDS, to the extent that

those activities occur in private places or

places in which it is reasonable to expect

that such conduct will not be observed by

persons who are likely to find it offen-

sive.

`""Any such government regulation

threatens unwarranted infringement of

protected privacy, association and liberty

interests even when it is thought to be

demanded by considerations of `public

health necessity.'

``These consideration require as a-

matter of policy that, to be consistent

with constitutional guarantees and to

survive strict judicial scrutiny, any

regulations in this area must be justified

by the articulation of compelling govern-

ment interest which cannot be achieved

by any /ess restrictive alternative.

`As a practical matter ACLU-NC:

believes that any such regulation is im-

permissible, absent a showing that it is a

necessary and essential public health

measure supported by clear and convinc-

ing medical and epidemiological

evidence. In addition, in order to

outweigh the obvious and _ inevitable

burden on protected conduct, compel-

ling evidence must establish that the

public health benefits sought to be

achieved from such regulation are both

actual, not speculative, and significant,

not incidental."" -

Doug Warner, chair of the Gay Rights

Chapter, noted that given the lack of

compelling medical evidence, a number

of city officials had pushed the

bathhouse regulations for their ``sym-

bolic value."'

`*We cannot allow the infringement of

civil liberties for `symbolic reasons,' "'

Warner said.

``When one draws on analogous -

`health vs. privacy' situations, then the

underlying motives of the gay bathhouse

regulations become more clear,'' said

ACLU staff attorney Donna Hitchens.

``For example, it is a medical certainty -

that smoking is dangerous to your health

- and is indeed a major cause of death.

It may be argued that bars are conducive

to smoking, and yet no one would pro-

pose closing all the bars to reduce the

public health danger posed by

smoking.'"

Although no regulations have yet been

promulgated by the City, it was disclosed

by the San Francisco Examiner on June

tion would have expected that intimate

and perfectly legal activities were being

observed by an on-duty government

agent and recorded for a police report.

"`We believe that your action with

regard to police investigations of the

legal activities of bathhouse patrons has

established an unfortunate precedent for

the unconstitutional invasion of in-

dividual privacy. We hope that, in the

future, you will confine your public

health inquiries to a process that respects

the. right to individual and_ sexual

privacy,'' Ehrlich concluded.

By press time, the Mayor had not

responded to Ehrlich's charges.

Notes from the

Legal

Department

Hitchens Joins Staff... San Francisco

attorney Donna Hitchens joined the

ACLU-NC Legal Department in May to

cover the overlapping sabbatical leaves

of staff counsel Amitai Schwartz and

Alan Schlosser. Hitchens is well known

- to the ACLU community as a member of

the Board of directors since 1978 and

former chair of the Equality Committee.

Hitchens brings to the ACLU rich ex-

perience, particularly in the areas of sex

discrimination and gay rights. She has

been a staff attorney at San Francisco's

Equal Rights Advocates since 1978 and

directing attorney of the Lesbian Rights

Project from 1977-83. Author of

numerous articles and handbooks, in-

' cluding the Lesbian Mother Litigation

Manual, Hitchens is also an adjunct pro-

fessor at Golden Gate and New College

Law Schools.

Hitchens will serve as ACLU staff

counsel

Schlosser returns from leave. Schwartz

will return from a 3-month leave in July.

Staff Counsel Awarded . . . ACLU-NC

staff attorneys Amitai Schwartz and

Alan Schlosser were recently honored by

the Bar Association of San Francisco for

their ``dedication to serving the poor of

this City."

Schlosser and Schwartz were among

25 legal service attorneys whom the Bar

Association cited as ``having labored in

the vineyards of the poor from 1979 to

1984.' The awards were presented at a

picnic in Sproul-Farella Vineyards in

Napa on June 3.

until February 1985 when

The first public hearing on any of the

proposals around regulation of the

bathhouses was held on June 14 by the -

Public Protection Committee of the

Board of Supervisors. The Committee

heard testimony on a proposed or-

dinance by Supervisor Harry Britt to

remove the licensing, inspection and re-

gulation of bathhouses from the Police

Department to the Public Health De-

partment. Under current law, the police

chief licenses and has authority to inspect

bathhouses. .

Warner, testifying for the ACLU,

made two major points. ``First,'' he

said, ``we would urge the Committee to

study the legal and civil liberties implica-

tions prior to changing the existing licen-

sing and regulatory scheme.''

`"Traditionally, he noted, the

bathhouses have been regulated by the

police department, and there is a fairly

clear body of law defining limitations on

the exercise of police regulatory power.

"It may be that public health officials

will have far greater power to intervene

in the operation of the bathhouses and

the activities of their customers,"'

Warner warned.

_ "However, the ACLU wants to make

it absolutely clear that until such a time

as when there is compelling medical

evidence to support any regulations - be

they imposed by the health department

or otherwise - we will oppose any

measures which unduly intrude on the

privacy rights of those `who patronize the

bathhouses."' ;

Letters

Interpreting your Rights

I think your Rights on Arrest cards are

great, and am happy to hear they are

coming out in additional languages.

I ordered the Spanish and English ver-

sions and passed them around in the

center where I work and where many

Spanish-speaking people are served. I

heard one comment which I think should

be passed back to you for your con-

sideration.

Apparently non-English speaking peo-

ple are entitled to interpreters at some

points in their dealings with police and

courts. For those cards in foreign

languages I think it would be appropriate

to add this information.

Keep up the good work!

Lois Smith

Palo Alto

(Ms. Smith enclosed in her cor-

respondence a complete listing of

California statutes dealing with Spanish-

English court interpreting including rules

of court, legal dictionaries, interpreters'

manuals and exams. The list was com-

piled by Mary Frances Johnson, a cer-

tified legal interpreter from San Carlos.)

ACLU-NC staff counsel Amitai

Schwartz replies:

Your idea is a terrific one and an over-

sight on our part. In our next editions we

will try to include a section on inter-

preting rules and services.

In addition to the information you

supplied, we wanted to share informa-

tion on assistance to the hearing im-

paired. California law provides that a

person incapable of hearing or under-

standing the English language in a court

proceeding shall have an interpreter. The

interpreter may be appointed by the

court and paid by the court. Further-

more, persons who have great hearing

loss may have interpreters appointed for

them in criminal cases. Any statement

made by a person with great hearing loss

to a police officer may not be used

against them unless the statement was

made through a qualified interpreter or

the court finds that the statement was

made knowingly, voluntarily, and in-

telligently.

Strip Search Victory

I would like to extend my congratula-

tions, personal thanks and commenda-

tion to the ACLU of Northern Califor-

nia for the ``Strip Search'' victory.

Once again the ACLU was the first to

stand up for the rights of Californians.

Alan Schlosser and Don Brown's ex-

cellent legal counsel to the victims and

legislative staff was of tremendous value.

Daphne Macklin's advocacy in Sacra-

mento was invaluable, timely and ab-

solutely critical to our success.

The people of California owe you a

debt of thanks. In their behalf I extend

my sincerest thanks and appreciation.

Maxine Waters

Assemblywoman 14th District

Jail Funds

Your comment on Props. 16 and 17

was a very good alternative to building

more prisons and jails. Until reading it, I

had thought it better to build prison

`camps'? as an alternative to multi-

million dollar iron and steel jails.

At age 63 I am well aware that the

`*prison/jail system,'' like the ``defense

industry,'' is just a multi-billion dollar

scam. About 10% defense and 90%

theft. Prisons - 10% law enforcement

-and 90% profiteering?

I shall vote no on 16 and 17.

W. Bain

Sacramento

Unfortunately, other voters were not

as persuaded as W. Bain and Proposi-

tion 16 and 17 both passed with a wide ma-

jority. The ACLU will continue to push

for better alternatives for the criminal

Justice system than increased spending

for prisons and jails. More on this in

future issues. Ed. -

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 iz

ACLU NEWS (USPS 018-040) :

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

`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.

aclu news

june-july 1984

3

Keeping Unlisted Phone Numbers Private

May the police, acting without a

search warrant, obtain from the

telephone company the name and ad-

dress of an unlisted telephone

subscriber?

In a recent ruling in the case of People

v. Chapman, the California Supreme

Court says no - and according to

ACLU-NC cooperating attorney Robert

K. Calhoun, Jr. the decision has very

significant implications for the right to

privacy in California.

Calhoun, a professor at Golden Gate

-Law School, authored a joint amicus

brief in Chapman on behalf of the

ACLU-NC, the ACLU of Southern Cal-

ifornia, the Office of the State Public

Defender and California Attorneys for

Criminal Justice. He also presented the

amicus arguments before the Supreme

Court.

The case arose in 1980, when a deputy

in the San Bernardino County Sheriff's

Department, during the course of a

criminal investigation, obtained without

a warrant the name and address of a

woman who had contracted for an

unlisted phone number with the General

Telephone Company for the precise pur-

pose of keeping that information con-

fidential.

The ACLU argued that the warrant-

less search by the deputy violated the

privacy provisions of the California

Constitution and that the evidence ob-

tained as a result of the search had to be

excluded. The Supreme Court agreed.

`It is hard to imagine a more concrete

example of people taking steps to protect

their privacy than to obtain an unlisted

phone number,'' Calhoun said. ``When

this woman gave her name and address

to the phone company and actually paid

extra to have it unlisted, she made it very

Victory for Female Guards

by Cindy Forster

Two male wards of the Karl Holton

School in Stockton, a CYA facility,

brought suit claiming their privacy was

being invaded when women officers held

jobs which required their presence while

wards took showers or used bathroom

facilities. In 1980 the San Joaquin

`Superior Court upheld the ward's con-

tention. The type of jobs in question ac-

count for one-third of available positions

within the CYA and are necessary for

promotion.

ACLU-NC staff attorney Margaret

Crosby and Donna Hitchens of Equal

Rights Advocates (and now of the

ACLU) filed an amicus brief which

argued that prohibiting women from

taking these positions constitutes

flagrant sex discrimination.

The joint ACLU/ERA brief asserted

that the privacy of the male wards can be

fully protected by other measures than

excluding women from job categories

that pay more and require greater

responsibility.

According to Crosby, ``Both privacy

and nondiscriminatory employment op-

portunities are important rights, both are

important to the ACLU, and neither

should be scarificed."'

The right of women to hold jobs

guarding and supervising male inmates

of the California Youth Authority has

been won on appeal.

Justice Coleman Blease of the Califor-

nia Court of Appeal agreed. Summing

up the central conflict, he stated `"The

case ostensibly presents a clash of values

of constitutional stature. For purposes of

this appeal, we assume the viewing by

women staff of the undershorts region of

a male ward in a state of undress is an in-

vasion of the ward's right to privacy.

... On the other hand, the California

Constitution experessly prohibits

discrimination on the basis of sex."'

All parties to the suit accepted the

compelling state interest that requires

continuous observation of the wards for

security purposes, and thus necessitates

viewing ``bathing, toilet and sleeping

areas'' from a central observation post.

However, Justice Blease agreed with

Crosby and Hitchens in asserting the

constitutional rights of both the wards

and the women employees: ``Rather than

deciding in the abstract whether the

ward's right to privacy or the woman's

right to equal employment is paramount,

we must first determine whether the state

has presented a solution that restricts

neither,'' Blease said.

Such a solution was found in the con-

struction of ``modesty panels'? in

showering and toilet areas to protect

privacy and at the same time permit con-

tinuous observation.

`I believe this is the preferred result of

such a case,'' -Hitchens stated. `It

recognizes that wards of a youth facility

do have a privacy right, and that where

there might be competing interests, it is

the obligation of the state to look for a

solution that respects both interests."'

A similar case in new York pitted the

privacy of women prisoners against the

employment rights of male guards. The

- apparent conflict was resolved by con-

structing bathroom panels that protected

privacy while not jeopardizing security.

"The case of In re Ronnie D. and

Jessie Aldo R. breaks legal ground in

California by forwarding the privacy in-

terest of people detained against their

will,'' noted Hitchens, ``while insisting

that women possess rights to equal op-

portunity."'

The only disappointment is the

Court's failure to designate the case for

publication which would make the

opinion a legal precedent for other youth -

facilities. "We have written a letter ask-

ing that it be published,'' explained Hit-

chens, ``because we think it is an impor-

tant, precedent-setting case."'

Cindy Forster is an ACLU-NC student

intern from U.C. Berkeley.

clear that she did not want to have the in-

formation made public."'

Calhoun noted that this judgment

highlights significant differences between

the federal and California courts on the

issue of privacy.

``The federal courts accept the fiction

that if you give information to one

bureaucracy, the phone company, for

example - then you give up all privacy

expectations regarding this information.

But it is impossible to live in modern

society without giving this data out,"'

said Calhoun.

The California courts, however, assert

that the mere fact that you give informa-

tion to one agency, does not mean that

you expect others to have access to it as

well.

The high court ruling, authored by

Chief Justice Rose Bird, cited a series of

California cases ``recognizing the in-

dividual's right to privacy as to informa-

tion which is in the possession of third

parties,'' specifically bank records (Bur-

rows) and telephone call records (Blair).

The telephone subscriber, the Court

ruled, ``had a reasonable expectation of

privacy in the unlisted information

which the telephone company disclosed

to the police. This right was protected by

the California Constitution. It follows

that the action of the police, in seizing

unlisted information without a warrant,

circumstances,

consent or exigent

FOUNDATION

violated the Constitution."'

According to Calhoun, ``The right of

privacy, and to be free from

unreasonable searches is the most major

ongoing difference in conceptual terms -

between California and federal law -~

and it raises serious questions as to

whether this area will survive the `truth-

in-evidence' provisions of Proposi-

tion 8."'

"If, as the state contends, Proposition

8 wipes out the state exclusionary rule,

then we will be left with only the much

weaker federal standard for searches,"'

Calhoun said. As Chapman was titgated

prior to the passage of Proposition 8, -

and the provisions of the measure are not

retroactive - that issue did not get

resolved in this case.

The breadth of the application of the

particular ruling is also quite significant.

_ Over 30% of telephone subscribers in

California have unlisted numbers. Dur-

--ing the course of the litigation, the At-

torney General's office revealed that in

the first six months of 1982, 28,000 per-

sons with unlisted phone numbers had

their privacy invaded by the police.

_ "The fact that a significant percentage

of customers take affirmative steps to

keep their names, addresses and

telephone number confidential

demonstrates the importance of the

privacy interest to a large portion of the (c)

population,'' the Court concluded.

OF NORTHERN CALIFORNIA

| SEYMOUR HERSH

"The Price of Power"

Tuesday, July 10, 8 pm 0x00B0* Herbst Theater

Reserved seating $12.50

Tickets: City Box Office, 141 Kearny St., San Francisco 94108

Also available BASS, Ticketron, STBS

Information: 392-4400

Co

Please send me

l-am enclosing $

Name

_____ tickets at $12.50 each for the ACLU !

July 10 50th Anniversary event featuring Seymour Hersh. ,

Address

City

Office.

Please mail all ticket order to Sydney Goldstein, City Box Office, 141 Kearnyg.

St., San Francisco 94108. Make checks or money orders payable to City Boxg

Zio

aclu news

4 june-july 1984

Voting

Information

Who is eligible to vote?

The by-laws of the ACLU of Northern

California call for the at-large Directors

of the Board to be elected by the general

membership. The general membership

are those members in good standing who

have renewed their membership within

the last twelve months. .

The label afixed to this issue of the

ACLU News indicates whether you are

eligible or not eligible to vote on the basis

of when your last membership renewal

contribution was recorded. _

If you are not eligible to vote, you may

choose to renew your membership at the

same time you submit your ballot and

resume your membership in good stand-

ing.

If you share a joint membership, each

individual is entitled to vote separately -

two spaces are provided on the ballot.

How are candidates nominated to run

for the Board of Directors?

The ACLU-NC by-laws permit two

methods of nomination. Candidates may

be nominated by the present Board of

Directors after consideration of the

Nominating Committee's recommenda-

tions. Candidates may also be nominated

by petition bearing the signature of at

least fifteen ACLU-NC members in

good standing.

Voting

Instructions

Candidates are listed on these pages in

alphabetical order. After marking your

ballot, clip it and enclose the ballot and your

address label from this issue of the ACLU

News in an envelope. Your address label

must be included in order to insure voter

eligibility. Address the envelope to:

Elections Committee

ACLU of Northern California

1663 Mission Street, Suite 460

San Francisco, California 94103

If you have a joint membership, you may

use both of the columns provided, and each

of the members may vote separately.

If you wish to insure the confidentiality

of your vote, insert your ballot in a double

envelope with the special mailing label in the

outer one. The envelope will be separated

before the counting of the ballots.

Ballots must be returned to the ACLU

office by noon on July 25, 1984.

There are nine candidates running to fill

nine vacancies on the Board. You may vote

for up to nine candidates.

For your consideration, the following

statements were submitted by the candidates

for election to the Board of Directors.

Nominated by: Board of Directors

Incumbent: Yes .

Nominated by: Board of Directors

Incumbent: Yes

Nominated by: Board of Directors

Incumbent: Yes

1984 Board of D

Bernice Biggs

One term on the Board of Directors

has offered many opportunities for

deepening appreciation and information

on the scope of the organization. I have

been chair of the Development Com-

mittee for two years and have served on

the Executive, Nominating and Field

Committes.

The challenges to civil liberties are

very real in the academic world where I

make my living and in our present

polticial environment. I would welcome

the opportunity to serve another term. I

hope to build on my Board experience to

be useful in varied assignments. I cherish

the education thus far and hope to earn

the opportunity for more.

Sylvan Heumann

I have been a Board member . of

ACLU-NC since 1977. I have been

heavily involved in committee work since

being elected, having averaged about 5

or 6 committees at any one time. My

special interest has been providing input

-and guidance on such matters as fund

raising, money management and budget-

ing. I have also been (and continue to be)

a membeer of the Executive Committee

and Board of Governors.

As one who is concerned with civil

liberties, and having many years of

business experience, my interest is also to

see that ACLU-NC is administrated as

well as possible so as to have the max-

imum impact on program objectives. In

line with this, I helped secure our new

computers and am using my experience

in this area to insure that they are well

applied to our needs.

Nominated by: Board of Directors

Judy Newman

When President Carter announced

resumption of registration in 1980, I

founded Parents and Friends Against the

Draft. Subsequently, I joined the

ACLU-NC Board. I serve on the Coun-

cil for the Central Committee for Cons-

cientious Objectors/Western Region.

Recently, the /Draft Opposition Net-.

work was organized as part of the Field

Committee; I am a member of the Steer-

ing Committee.

The ACLU has been the foremost

defender of civil liberties and individual

rights denied by enforced conscription.

Selective prosecutions, the use of Social

Security numbers, IRS files and DMV

lists, and two Solomon Amendments

have attacked the basic constitutional

rights of one of our most under-

represented minorities, our under-18

year old population.

I wish to continue working against

these repressive measures that result in

the militarizing of our society.

Nominated by: Board of Directors |

Incumbent: Yes

Nominated by: Board of Directors

Incumbent: Yes

Nominated by: Board of Directors

Incumbent: Yes

Directors Election

Gordon S. Brownell

Since first elected to the ACLU-NC

Board in 1981, I have been active in the

Bill of Rights and Major Gifts fund rais-

ing campaigns, as well as serving on the

Legislative and other Board committees.

As a drug law reform lobbyist for

NORML, I recognize the vital role the

ACLU lobbyists play in Sacramento in

safeguarding the rights of all Califor-

nians and believe they should be strongly

supported. -

I have a deep commitment to the pro-

tection of civil liberties and human

rights, particularly those involving per-

sonal choice, privacy and free expres-

sion. It would be an honor to serve a se-

cond term on the Board and continue

contributing towards keeping the

ACLU-NC financially and organiza-

tionally strong during these difficult

political times.

- Oliver Jones

I am deeply concerned at the growing

threat to our civil liberties. The atmos-

phere pervading the country lends

support and sympathy to hasty, ill-

conceived remedies to our exacerbating

social problems. My interest in civil

liberties and social justice has extended

over the years from my conscientious

objection to the Vietnam war through

work with various organizations, in-

cluding Southern Leadership Confer-

ence, American Friends Service

Committee and the NAACP.

Currently, my career is divided

between my work as a staff attorney for

the Western Region NAACP and my

community law practice in Oakland.

My work with the NAACP has empha-

sized employment discrimination and

police abuse litigation.

I have been on the Board since 1981. I

am currently involved in _ litigation

against both the Oakland and Richmond

police departments for abuse against the

~ community.

Nancy Pemberton

I have served on the ACLU-NC Board

since 1979 and am currently Vice-

Chairperson. Over the years I have

chaired and/or served on a number of

committees, both substantive and ad-

ministrative. As an undergraduate, I was

an intern at ACLU-NC, co-chaired the

Bay Area Pro-Choice Coalition. Now a

law student, I plan to specialize in

criminal defense. -

ACLU has been a leader in the efforts

to combat recent attacks on civil liberties

for all in our society. I would like to con-

tinue to work with ACLU to expand

those efforts by strengthening our finan- |

cial support, broadening our member-

ship base, and finding creative ways for

our members to participate in the de-

fense of civil liberties.

Nominated by: Board of Directors

Incumbent: Yes

Nominated by: Board of Directors

Incumbent: No

Steven L. Swig

During the past year I have served as

an ACLU-NC director. I have brought

to the Board my years of active involve-

ment in the area of human rights on such

boards as the American Jewish Commit-

tee and the NAACP Legal Defense

Fund. I have taken from my service on

`this Board a deeper commitment to civil

rights and liberties through the unique

brand of ACLU activism. I believe that

with my background I can add perspec-

tive to help with new and creative ways

to approach the ever-changing arena of

civil liberties. Additionally, I have good

skills in the area of development and

fund raising and hope to be able to ob-

tain good results from the general com-

munity in that area.

Nominated by: Board of Directors

Incumbent: Yes :

Patsy G. Fulcher

- I come to ACLU with a background

of work in civil rights, women's rights, ~

' and the peace movement. I am especially

concerned with the abuse of power and

the impact of laws and regulations on

those less able to control their own lives

(particularly as this relates to reproduc-

tive rights and sterilization abuse). My

activities; as an urban affairs consultant

and community volunteer, have included

a wide range of strategies to help make

positive, lasting changes.

My goal as a Board member would be

to continue to help build and strengthen

the ACLU to do its important work in

guarding our civil liberties and_ to

broaden its base of support in the

aclu news

june-july 1984 5

the First Amendment.

various minority communities.

Len Karpman

As a member of the Marin Chapter

Board for eleven of the past thirteen

years, I served in every conceivable

capacity from fund raiser to treasurer, to

chairperson to ACLU-NC Chapter re-

presentative. I have spoken as a Pro-

. Choice advocate at Medical Grand

Rounds: at Kaiser Hospital. I have par-

ticipated actively in affiliate fund raising

and served twice on the ACLU-NC

Nominating Committee.

I am a physician, President of the San

Francisco Heart Association, member of

Physicians for Social Responsibility, and

advisor to the Adult Detention Advisory

Committee. My primary concerns are

rights .of prisoners, patients, and the

physically and emotionally disadvan-

taged; and the survival and supremacy of

A Future for

Civil Liberties

For 50 years the ACLU of Northern Cali-

fornia has fought to defend the Constitu-

tion and the Bill of Rights. Through the

pages of history - red-baiting, vigilantes,

WW II internment camps, HUAC, the Free

Speech Movement, Vietnam, civil rights,

the women's movement, gay rights and

more - the ACLU has pioneered the fight

for individual liberties.

And what about the next 50 years? Will

the ACLU be as strong, as dedicated, as

- effective?

You can do something now to insure

that the ACLU will continue to fight - and

win - ten, twenty, and fifty years from

now, through a simple addition to your

will.

Every year thoughtful civil libertarians

have, through their bequests, provided

important support for the ACLU. In 1984,

interest income alone earned by these be-

quests, will contribute over $35,000.

Making a bequest is simple: you need

only specify a dollar gift or a portion of

your estate for the American Civil Liberties

Union Foundation of Northern California,

-INC.--

If you need information about writing a

will or want additional information, consult

your attorney or write: Bequests, ACLU

Foundation of Northern California, 1663

Mission St., San Francisco 94103.

Membership Notice

Many of our members have com- |

plained of receiving past due notices on

renewals that have been paid on time,

getting their ACLU News at an old ad-

dress, or not receiving membership in-

formation, in the case of new members.

Please be patient . . . the ACLU Na-

tional Office, which has relied on an out-

side computer firm for many years is in-

stalling its own computer system. This

process is proving to be a long and

tedious undertaking which has resulted

in a tremendous backlog in the member-

ship department.

Eventually, the in-house computer will

provide faster, more accurate informa- __

tion. Meanwhile, we must all wait for the -

computer to catch up with us! :

Thanks for bearing with us.

BERNICE BIGGS

GORDON BROWNELL

PATSY FULCHER

SYLVAN HEUMANN

OLIVER JONES

LEN KARPMAN

JUDY NEWMAN

STEVEN SWIG

BALLOT

Vote for no more than nine candidates. Joint members use both columns.

NANCY PEMBERTON

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aclu news

6 june-july 1984

ACLU Defends NAACP in Police Libel Suit

A San Francisco Police Officers'

Association defamation suit against the

local NAACP `"`is fundamentally a

political controversy which does not

belong in a court of law,'' according to

an-ACLU-NC amicus brief filed in the

state Court of Appeal in March.

The lawsuit originated in 1978 when

the Police Officers' Association sued the

NAACP for damages it purportedly suf-

fered when NAACP spokesperson

Joseph Hall allegedly said at a news con-

ference that the San Francisco police are

engaged in a ``systematic, sadistic and

criminal program of assaults on Black

citizens.'' Hall is also accused of saying

that. "`It would be naive to expect that

Chief Gain would do anything about

these criminal acts by his fellow officers"'

and that ``the Chief will listen to us

politely then do absolutely nothing

because he has struck a compromise with

the Police Officers' Association to pro-

' tect his men."'

In retaliation for Hall's comments the

POA filed a lawsuit for money damages.

Although Hall denies saying some of the

allegedly false words at the press con-

ference, even the words allegedly uttered

at the press conference would not sup-

port an action for slander, according to

the ACLU brief.

In 1982 the San Francisco Superior

Court granted summary judgment to the

NAACP. In dismissing the POA

defamation charge, the court recognized

the threat to the First Amendment posed

by such a suit. The POA appealed the

decision.

The ACLU brief, written by staff at- -

torney Amitai Schwartz, supports the

superior court judgment based on three

central arguments: the critical statements

were issued against the government

_ (police) itself and therefore may not be

the basis of a defamation action; the

allegedly slanderous statements are con-

stitutionally protected opinion; and the

allegedly defamatory statements do not

fall within statutory categories which

permit actions for slander in the absence

of special damages.

`"`Mr. Hall's press conference state-

ment expressed the view that the

NAACP was fed up with the inability of

the San Francisco Police Department to

investigate itself and clean its own

house,'' said Schwartz, ``The sting of the

words is plainly directed against San

Francisco police officers as a collective

group, at Chief Gain, and ultimately at

the Police Department. The POA is

mentioned only in passing in the context

of an explanation as to why Chief Gain

would not act appropriately in the

future."'

Over the past several years there has

been increasing use of police defamation -

suits against community organizations

and publications which produce a chill-

ing effect on the public's criticism of

police behavior. The ACLU-NC has suc-

cessfully defended a gay community

newspaper - The Bay Area Reporter -

a small family-run paper - the San

Leandro Observer - and others against

such suits.

"Over 20 years ago, the Supreme

Court of the United States established

the principle in a case involving a

defamation suit by police officials that

`debate on public issues should be

uninhibited, robust, and wide open,' and

that it may well include vehement,

caustic, and sometimes unpleasantly

sharp attacks on government and public

officials,'' Schwartz said.

"Each one of these lawsuits must be

defended in order to give teeth to that

principle. Otherwise, the chilling effect

Loyalty Oath Fees

Sweetening the ACLU's 1981 victory

against the use of a loyalty oath for

employees of the Richmond School

- District, the U.S. Court of Appeal this

year awarded attorneys' fees in the case.

Prior to the ACLU lawsuit, the oath

was required of all prospective

employees of the Richmond Unified

School District. Marvin Schmid, then a

teacher and now a student at Berkeley's

Graduate Theological Union, objected

to the oath's discriminatory and re-.

pressive implications

_ During the course of the suit on behalf

of Schmid, ACLU attorney Amitai.

Schwartz discovered that a number of

other California school districts still ad-

minister the oath. State Board of Educa-

tion Director Wilson Riles promptly

declared that such oaths were un-

constitutional and must not be applied.

The Richmond School District, how-

ever, persisted in defending the oath until

it was struck down by the Court in 1981.

According to attorney Schwartz, ``The

award of attorneys' fees underscores the

recognition of loyalty oaths as a

repressive remnant of the McCarthy era,

as well as the ACLU's service toa public -

imperiled by such abuses."'

"It is cause for celebration when the

courts assert not only that loyalty oaths

cripple freedom of conscience, but also

that the guarantors of freedom of cons-

cience are performing a function deserv-

ing of full financial reimbursement, =

Schwartz said.

pws oaws ee ee eee eee eee eee eee eee eee eee

[J Individual $20

fetes ees ess ess" =

Be un-Conventional

~ Join the ACLU

Name

Address

City Zip

E) Joint $30

and an additional contribution of $

C1 This is a gift membership from

Return to ACLU-NC, 1663 Mission St., S.F. 94103

ee eee een

of police defamation suits will freeze out

criticism of police officers and other

public officials who must be held ac-

countable to the highest form of public

scrutiny,'' Schwartz added.

Secondly, according to the brief,

Hall's statement is constitutionally pro-

tected against an action for defamation

because it is a political opinion. "`It is a

cardinal rule under our system of

government that `there is no such thing

as a false idea,' '' said Schwartz. ``This is

the sort of political dispute which assures

police accountability and gives life to the

First Amendment."'

Mall Victory

The latest in the string of ACLU shop-

ping center victories came on June 7

when Sonoma County Superior Court

Judge William Boone ruled that the

restrictions imposed on campaigners at

the Santa Rosa Plaza are invalid.

The lawsuit, Sonoma County Nuclear

Weapons Freeze Campaign v. Santa

Rosa Plaza which was handled by

cooperating attorney Marylou Hillberg,

`is the most definitive shopping center

decision yet,'' according to staff attorney

Alan Schlosser who has won over a

dozen such cases in the last three

years.

The Freeze Campaign and other

groups had attempted to distribute their

materials at Santa Rosa Plaza - the

`largest shopping center in the area, occu-

pying six city blocks and containing 99

stores - only to be met by a recalcitrant

mangement who imposed numerous re-

strictions on their activities.

Santa Rosa Plaza is managed by Pem-

brook Management, a company head-

quartered in New York which manages

shopping centers throughout the coun-

try. Pembrook has promulgated ``Rules

and Regulations for Political

Expression,'' and sought to enforce

those rules at Santa Rosa Plaza begin-

ning January of this year.

Among other restrictions, the Pem-

brook Rules limited access to the Plaza

to one group at a time, to once every six

months for each group, and prevented

groups from approaching shoppers at

more than a ten foot radius from a table.

Moreover, the rules forbid the, cam-

paigners from distributing leaflets to

shoppers and from selling pamphlets,

buttons, bumper stickers or other written

materials and from soliciting funds.

Judge Boone stated, `"`It bears re-

peating that the California Constitution

not only mandates the protection of

freedom of speech, it recognizes that

freedom of speech entails communica-

tion and `contemplates effective com- -

munication.'

"To restrict defendants and similar

groups in the manner contemplated by

the Pembrook Rules would substantially

deny these groups and individuals the

means of effective communication pro-

tected within shopping centers in the

state of California,'' the court stated, ad-

ding ``Such restrictions are therefore in-

valid."'

Judge Boone also noted, ``It has long

been recognized that the free expression

of ideas in a democratic society may an-

noy those who disagree with the ideas ex-

pressed. It is clear that shoppers entering

the Plaza may encounter those with

whom they disagree. Such an encounter

is essential to our system of

government."'

In striking down the Pembrook Rules,

Judge Boone stated ``The interests of the

shopping center management, can be

adequately protected by the conditions

limiting [campaigners] to peaceful,

orderly, and non-disruptive expressive

activity.

Field: Civil Liberties Pioneer

by Irving R. Cohen

Field, Sara Bard, ``Poet and Suffragist,"'

typescript of an oral history conducted

by Amelia Fry, 1959-1963, Regional Oral

History Office, University of California,

1979, xix, 661 p. Courtesy, The Bancroft

Library.

In 1934, Sara Bard Field was one of

the small group of passionate civil `liber-

tarians who with Ernest Besig and Helen

Salz helped form the American Civil

Liberties Union of Northern California.

Two years earlier, she had been awarded

a gold medal for her book-length poem,

Barrabas. The two strains, of creative ex-

pression of the inner self and dedication

to social concerns, marked a rich life that

extended over the course of more than 90

years.

As the wife of a Baptist missionary in

Burma and India, she saw early the need

for social change. Back in the U.S. she

entered that struggle, partly under the in-

fluence of Clarence Darrow, a family

friend. When she moved to Oregon in

late 1910, she entered the fight for equal

suffrage in there, and headed the vic-

torious campaign for the vote for

women. There, too, she came under the

influence of Charles Erskine Scott

Wood, whom she later married (and

with whom she served during the 30's on

the Board of Directors of ACLU-NC).

Field became a leader in the national

struggle for equal suffrage, at one point

`their estate, The Cata,

making a trip of 4,000 miles in an open

touring car across the country, making

speeches and collecting names for a mile-

long petition which she handed President

Wilson. Her name appears on the first

list of contributors issued by the Na-

tional ACLU. ~

In 1925, she and Charles Erskine Scott

Wood moved from San Francisco to

in Los Gatos,

where both continued to write poetry,

and involve themselves in the ``actions

and passions'' of the day. Their home

became a center for many of the great of

their period: Robinson Jeffers, Alex-

ander Meikeljohn, Lincoln Steffens,

John Steinbeck, Yehudi Menuhin, Ansel

Adams and others.

Her own story of that rich life

emerges, in her own voice, in an oral

`history conducted by Amelia Fry of the

Bancroft Library's regional Oral History

office, and is available at the Library.

In 1977, the ACLU-NC Board of

Directors established a legal internship in

her name.

Former ACLU-NC Board member Iry-

ing R. Cohen is an author, an historian -

and a film reviewer. He is currently

working on the biography of Charles Er-

skine Scott Wook. Cohen will be review- -

ing the oral histories of other prominent

civil libertarians for the ACLU News as

part of our. 50th Anniversary com-

memoration.

abeeay Pa

aclu news 7

june-july 1984

Poverty, Privacy and Civil Liberties

_ In the face of increased government attacks on the poor, the defense

of both the right to privacy for those who receive public assistance and

the right to basic human necessities such as food, medical care and

shelter has become a main focus of concern for the ACLU. ACLU

Legislative Advocate Marjorie Swartz reports from Sacramento on

Medi-Cal abortion funding, ``workfare,'' and privacy for welfare reci-

pients.

On May_ 21, the state Assembly

adopted a Budget Act with the most

severe restrictions ever on Medi-Cal

funding for abortion. In addition to pro-

posing the same massive cuts of Medi-

Cal abortion funds as have been pro-

hibited by the courts following six

ACLU-NC legal challenges, the

``Frizzelle Amendment'' also demands

_ open defiance of the Supreme Court rul-

ings by state officials.

The Budget Act of 1984-85 is now ina

Senate-Assembly Conference Committee

for resolution of differences between the

two houses. However, as both the Senate

and the Assembly passed versions of the

Budget Act with major restrictions on

Medi-Cal abortion coverage, it is certain

that the ACLU-NC will have to file its

(seventh) annual case to preserve fund-

ing. What is uncertain is the precise

Budget language we will be faced with -

especially with respect to the restrictive

eligibility requirements and attempted

procedural hurdles to the courts' power ~

to maintain funding.

The Legislative Office is asking all

ACLU members to call or write your

Senators and Assembly representatives

immediately with the following message:

e Urge that they support full Medi-Cal

funding for poor women seeking a safe,

legal abortion.

e Remind your legislators and Gover-

nor `Deukmejian that the state courts

have upheld the decision in ACLU's

Committee to Defend Reproductive

Rights v. Myers for the last five years,

and have affirmed that the right to

reproductive choice for all women must

not be restricted because of economic

status.

Workfare

One of Governor Deukmeyjian's pet

projects, ``workfare,'' requires AFDC

recipients to participate in ``employ-

ment-oriented'' programs in order to

receive benefits. Workfare has already

been instituted in San Diego on a pilot

basis. The ACLU's primary concern is

the involuntary nature of the program:

recipients who fail to participate are

B.A.R.K. - Contact Joe Dorst,

415/654-4163.

EARL WARREN - BOARD MEET-

ING: June 20, discussion of Oakland

Police Practices; Contact: Len Weiler,

415/763-2336.

FRESNO: Contact:

209/442-0410. :

Scott Williams,

415/621-2493.

MARIN COUNTY - Contact: Leslie

Paul, 415/381-1088.

MID-PENINSULA - Contact: Harry

Anisgard, 415/856-9186.

MONTEREY - Contact: Richard Critey,

408/624-7562.

MT. DIABLO - Contact: Barbara

Eaton, 415/947-0200 (days).

NORTH PENINSULA - Contact;

Richard Keyes, 415/367-8800 (days).

SACRAMENTO VALLEY - Contact:

Mary Gill, 916/457-4088 (evenings).

GAY RIGHTS - Contact: Doug Warner, -

punished with loss of aid even when they

and their children are needy.

There are a number of other problems

as well. For example, people who have

employment skills but are unemployed

because there are no jobs are forced to sit

through the most basic employment

training programs to learn skills they

already have. Those few people who are

put to work are often placed in positions

at minimum wage which were previously

filled by salaried workers at higher

_wages.

None of the bills an ceduced this ses-

sion to extend the workfare program

statewide, have been successful.

However, a proposal to extend the San

Diego project is contained in the 1984-85

Budget Act, `despite the fact that all

earlier legislative measures have failed.

Privacy

A final aspect of the assault on the

disadvantaged are proposals which seek

to single out recipients of public

assistance and grant them less privacy

with regards to their financial affairs

SAN FRANCISCO - ANNUAL MEET-

ING: Sunday, July 1, 1-3 p.m., Potrero

Hill Neighborhood Center, 953 DeHaro

St., S.F. Guest speakers, refreshments,

election of board members, update on

chapter program. Contact: Chandler

Visher, 415/391-0222.

SANTA CLARA - ANNUAL MEET-

ING: Sunday, June 24, 2-5 p.m., Los

Gatos Neighborhood Center, 208 E.

Main, Los Gatos. Panel on Media and

Elections, featuring: Phillip Trounstine,

San Jose Mercury News; Bob Cook,

Channel 36; Joy Brown, KCBS radio, and

U.S. Congressional Representative Norm

Mineta. Contact: Steve Alpers,

415/792-5110.

SANTA CRUZ - FUNDRAISER:

Thursday, June 21, 8 p.m.; Citizen Tom

Paine, Bear Republic Theater; tickets, $10.

Call Blanche Greenberg, 408/476-8653.

than is granted to everyone else. SB 1714

(Robbins) was a measure to allow the

Los Angeles County Department of

Health Services to gain access to certain

tax records of the medically indigent who

are receiving medical benefits from the

county.

This bill would have permitted blanket

searches of otherwise confidential tax

records without probable cause. The

ACLU, aided by opposition from the

Franchise Tax Board, defeated the

measure in the Senate Health and

Rights for the poor =on the descent?

Human Services Committee this session.

The state Department of Health Ser-

vices sponsored a proposal AB 3531

(Frizzelle), as part of its ``anti-fraud''

package which would have allowed the

Department to have access to certain

bank information now only available to

law enforcement agencies or by court

order. The Department complained that

requesting information from law en-

forcement agencies or the Attorney

General was too lengthy a process and it

needed direct access to this information

regarding recipients and providers.

The ACLU argued that to give unfet-

tered access to an agency which has no

experience with criminal investigations

would result in fishing expeditions

without cause (in fact, we testified that

the current law was too lenient). The bill

was defeated in the Assembly Ways and

Means Committee.

SONOMA - Contact: Andrea Learned,

707/544-6911.

STOCKTON - Contact: Bart Harloe,

209/946-2431.

YOLO COUNTY - NEW OFFICERS:

President, Larry Garrett; Vice-President,

Beth Greenwood; Chapter representative

to ACLU-NC Board, Michael Laurence.

BOARD MEETING: Thursday, June

21; potluck at 6:30 followed by business

meeting, 2414 Westernesse Rd., Davis; -

Contact: Larry Garrett, 916/758-1005.

FIELD COMMITTEE

MEETINGS

NATIONAL CONFERENCE ON)

REGISTRATION AND THE DRAFT:

July 14 and 15, U.C. Berkeley campus. Con-

tact: Judy Newman, 415/567-1527.

Juvenile

Custody

continued from p. |

Writing for the majority, Justice Alan

Broussard stated, ``The purpose of the

section 602 commitment is to exercise

control over the juvenile for the benefit

of society.

"`Our conclusion that the county may

not recover its costs does not mean that

parents will be unjustly enriched. One of

the greatest misfortunes a parent may

suffer is the incarceration of offspring

for crime. To imply that the avoidance.

of support obligation balances or ex-

ceeds such misfortune would betray a

misguided sense of values.

"`Incarcerating the child, the state

neither intends nor provides benefits to

the parents. The state's purpose and

benefits provided are for society general-

ly,'' the court stated.

According to Crosby, the ACLU-NC

Complaint Desk has received an enor-

mous volume of calls from distressed

parents who are confronted with huge

bills for their child's incarceration.

``Almost everyone who is affected is

poor - and is already bearing the tra-

gedy of having a child removed from

them and taken into custody,'' Crosby

explained. ``Parents get charged an enor-

mous amount by the county, sometimes

enough to put their child up at the Hilton -

- and they have no control over the

conditions of confinement, which are

often unsatisfactory."'

In the case decided by the Supreme

Court, Jerald C.'s father was ordered by

Santa Clara County to pay amounts

varying from $33 a day to $265 a month

for Jerald's incarceration in juvenile hall

and at a boys ranch.

As in numerous other cases, Crosby

said, Jerald's father was a poor man who

because of family circumstances had had

little control over his son's upbringing.

"It is a legal fiction that the parents

should be penalized tor `creating a bad-

child.' '' she said, ``and illogical to think

that parents are getting a windfall when

their child is taken into custody."'

``The incarceration of a juvenile of-

fender is primarily for public safety,"'

Crosby said, ``we are extremely pleased

that the court has recognized that one

small segment of society should not be

burdened by the payment of something'

from which the whole community

benefits.'

Ree ee ee ee eee eee

Calendar :

PRO-CHOICE TASK FORCE: First

Wednesday each month, alternating be-

tween 6:00 p.m. and 7:30 p.m. times.

Wednesday, July 11, 6:00 p.m. all pro-

choice supporters and friends welcome.

Contact: Dick Grosboll, 415/387-0575

(evenings).

RIGHT TO DISSENT SUBCOMMIT-

TEE: First Wednesday each month, alter-

nating between 6:00 p.m. and 7:30 times.

Wednesday, July 11, 7:30 p.m. Contact:

Marcia Gallo at ACLU-NC.

DRAFT OPPOSITION NETWORK:

ACLU-NC Offfice in San Francisco, 1663

Mission Street. Contact: Judy Newman,

415/567-1527.

IMMIGRATION WORKING GROUP:

Thursday, June 21 at 6:00 p.m., ACLU

office in San Francisco, 1663 Mission

Street, guest speaker: Mark Silverman of

the Political Asylum Representation Pro-

ject.

an

Toad

aclu news

june-july 1984

1984 Annual Conference

: ACLU of Northern California

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saturday, agua: 18 through Monday August 20

Asilomar Conference Center, Monterey Peninsula

Se

i Asilomar is situated on the ae of the Monterey Peninsula overlooking the

centPacific Ocean. The Center occupies 105 secluded acres with Asilomar State

Ss Beach, forested pathways, a swimming pool and exercise trail on the grounds.

- Asilomar is wheelchair accessible.

: Celebrate 50 years of civil liberties in northern Califor-

Nr jnia and help plan strategies for survival in the future.

Panels ... Workshops .. .Debates on.

"Crucial Civil Liberties Issues in a Critical Election Year

e Civil Rights and Voting Rights

e Women and Children First - a look at poverty in

the U.S.

Domestic Consequences of U.S. Foreign Policy

e Reagan's New War on "Terrorism"

my (c)6(c)- | echnology

R0x00B0 Debates on New ACLU Policy

e How-To Sessions on working with the media, '

mobilizing membership, eee effective coalitions

sLassioots lobbying campaigns .

2p a Ss = ee es _ om Re Os Oe ae ee "4

Conference Re istration Form

g 1 Speakers

t Name (s) g

i 1

0x00A7 Address i

i e e

1 - ' Muriel Morisey Spence

- Telephone: Da Evening S

i E : ; ACLU Washington lobbyist; author of In Contempt of Congress and the Courts:

, We enclose $ for y The Reagan Civil Rights Record

: We would like to arrange for: '

i childcare (number and ages of children ) : .

: special dietary requirements: 5 Julie A. Steiner

| i |

i other: # National ACL Field Director and "Bill of Rights Lobby" organizer

: Cost: (A) Weekend with lodging *$95.00 per person i :

Two nights lodging, private room with bath, double occupancy; six #

: meals; use of grounds and recreational facilities; all conference : Eva Jeffer son Paterson .

i sessions and materials - i oe

, (B) Weekend without lodging *$55.00 per person es a an eee National Board; Assistant Director, Lawyers Committee

i Six meals; use of grounds and recreational facilities; all confer- ,

i ence sessions and materials i

: (C) One day only *$34.00 per person ig essica Govea

d recreational facilities for one day; 0x00A7 : |

: eo eee Oe eee for one day y f Consultant for Southwest Voter Education Project; member of Women's

: (D) Young people e 0x00A7 Delegation to pone America; former national officer of the United Farm

i

: 17 years and under $50.00 per peter ' Workers

a 2 years and under $25.00 per perso ' : `

: Two nights lodging; six meals; childcare hretaioul conference 1 Bill Monning

i except at mealtimes and overnight :

1 Attorney with the Migrant Farmworkers Project, CRLA; Chair, Monterey

, these fees include Asilomar's fees plus a $13.00 conference fee. , Chapter of the National Lawyers Guild

a 1.

g DEADLINE FOR REGISTRATION: MONDAY, JULY 16, 1984. Space is ,

i limited; registrations will be accepted on a first-come, first-served basis. rr 22 8 and Music, Dancing, Films, Fun

t : ee 4 , :

1 Please make all checks and money orders out to ACLU-NC and mail with " 70x00B0 further information, contact Marcia Gallo, ACLU 415/621-2494

i registration form to Marcia Gallo, Annual Conference, ACLU-NC, 1663 Mis- 0x00A7.

: sion St., #460, San Francisco, CA 94103. # Sponsored by the ACLU-NC Field Commitiee