vol. 51, no. 1

The ACLU News celebrates a very important semicentennial this month-its

own. For fifty years, the ACLU News has, in uninterrupted publication, informed

its readership of the burning civil liberties issues of the day.

The first issue of the ACLU News came out as a one-page tabloid in January

1936 as the official newsletter of the two-year-old Northern California affiliate. With

uncanny prescience, the stories seemed to portend the future. Under the banner of

"Eternal vigilance is the price of liberty," the News ran stories of censorship of handbills

in San Jose, an INS attempt to deport a Canadian student because of past membership

in the Communist Party, and the expulsion from a Sacramento elementary school

of a nine-year-old Jehovah's Witness who refused to salute the flag.

The News also reported that the San Mateo Junior College Board of Trustees

refused to dismiss Professor G. Iliff for charges of "radicalism" brought by the American

Legion. "The ACLU helped in resisting this attack upon academic freedom," the 1936

story says-just as fifty years later the ACLU fought Professor Bruce Franklin's firing

; _ACLU News Celebrates 50 Years

from Stanford for political speeches.

The first editor of the ACLU News was ACLU-NC founder and executive director

_ Ernest Besig. The second edition of the paper in February 1936 added photography

to the news coverage, and by the third issue, the paper was up to two large pages

of newsprint. The first cartoon-about the House Un-American Activities Committee-

appeared in 1956.

Today, the ACLU News is an eight-page tabloid which comes out eight times

ayeat

Silk-screened posters featuring the first edition of the ACLU News were designed

in 1984 by artist Selwyn Jones to commemorate the 50th anniversary of the affiliate.

A limited number of the posters are still available for $5.00 from the ACLU office.

An eight-page historical edition of the ACLU News with stories taken from the pages

of five decades of the affiliate newspaper, produced by former editor Elaine Elinson

in 1984, is available free of charge from the ACLU-NC.

Volume LI

Solons Trade H

by Marjorie Swartz

and Daphne Macklin

ACLU Legislative Advocates

The past year witnessed the emergence

of a number of strange political bedfellows

in Sacramento, unusual bipartisan and

liberal-conservative coalitions. Instead of

the normal impasse between the two

parties and the two branches of govern-

ment, there was more horse trading and

compromise. The results were for the most

part antithetical to civil liberties-

although in a few cases ACLU positions

prevailed.

New legislation which was introduced

covered very little new ground. A "clerical"

error, which will be remembered for years

to come, provided one of the most uncanny"

events of 1985. Most of the significant civil

liberties legislation failed to move, as is

1986 Board

Nominations

As provided by the ACLU-NC bylaws,

the ACLU-NC membership is entitled to

elect its 1986-87 Board directly. The

Nominating Committee is already seeking

`suggestions from the membership to fill

at-large positions on the Board.

ACLU members may participate in the

nominating process in two ways:

1. They may send suggestions for the

Nominating Committees consideration

before March 25, 1986. Address sugges-

tions to

Nominating Committee

ACLU-NC

1663 Mission Street

San Francisco, CA 94103.

Include your suggested nominee's qual-

ifications and how the nominee may be

reached.

Continued on page 2

aclu news

January-February 1986

1985 Legislative Review

orses, Liberties

In Unusual Legislative Session |

often the case in the first year (and a non-

election year) of a two-year session.

Nonetheless, some issues of concern to the

ACLU bubbled to the surface as the

session progressed to its halfway point.

Chairing Criminal Justice

The first inkling of a new bipartisan

spirit was the appointment of a Republican

chair to the Assembly Public Safety

Committee, which has traditionally been

dominated by liberal Democrats. Pre-

viously called the Criminal Justice

Committee, this panel deals with key civil

liberties issues, including police matters,

administration of justice and the courts.

The appointment of Larry Stirling (R-

San Diego) as chair of the Committee was

of major concern to civil libertarians as

he has always been a consistent- vote for

law enforcement interests.

Although working with an unsympa-

thetic chair made ACLU lobbying more

difficult, legislation which passed over

ACLU objection was not substantially

greater than usual. And, the increase can

be attributed as much to an overall

conservative shift in the Legislature as to

this Republican chair.

Many examples of the new coalitions

for compromise occurred on criminal

issues, for instance, new funding for

prisons. In the past, the budget-concious

Legislature has refused to allocate large

sums of money for prison construction.

The ACLU opposes new construction

except to eliminate unconstitutional

conditions or when the need is demon-

strated in light of sentencing policies which

ensure imprisonment only when lesser

punishment will not suffice. Yet this

Legislature passed most of the adminis-

tration's requests, at a long-term cost of

$400 million, authorizing funding of new

prisons in exchange for deleting of a prison

planned for central Los Angeles and the

Governor's signature on a pork barrel piece

of public works legislation.

Death Penalty Victory

A second example of strange bedfellows

in the criminal justice chamber, this time

between anti-death penalty forces and

anti-Rose Bird forces, handed death

penalty opponents an unexpected victory.

Early in the session, the introduction

of more than a dozen bills advancing the

death penalty made the ACLU's prospects

look particularly bleak. These proposals

included applying the death penalty to

more categories of murder, reversing

California Supreme Court decisions

establishing procedural safeguards, altering

the direct appeal process and placing

stricter time limits on the review process

in the Supreme Court. As in the past,

the Senate was sympathetic to these

measures.

In the Assembly, although death penalty

legislation had rarely passed out of the

Public Safety Committee, this year one

measure did. AB 1467 (Condit, D-Ceres)

contained many provisions which would

have resulted in more death sentences as

well as longer imprisonment for non-.

capital homicides.

Ironically, opponents of the Chief

Justice (mostly conservative Republicans)

complained that AB 1467 did not contain

provisions requiring the Supreme Court

to speed up review of death sentences.

These legislators teamed with anti-death

penalty legislators and the bill was

defeated in the Assembly Ways and Means

Committee. The author of AB 1467

attempted on numerous occasions to

attach his proposal to other measures, but

each time the same coalition combined

No. 1

to defeat them.

Another surprising result of this new

spirit of coalition was that Committee

Chair Stirling agreed to carry a search

warrant bill for the ACLU. Although not

usually sympathetic to civil liberties,

Stirling agreed that ACLU-sponsored AB

1917 was a "good government" piece of

legislation: the measure prevents "judge

shopping" by law enforcement officials by

giving the defense the right to discover

previously denied search warrant applica-

tions. After being amended to meet some

law enforcement objections, AB 1917

passed easily and was signed by the

Governor.

_ Continued on page 7

Former Attorney General Ramsey Clark

will speak on the attacks on California's

state Supreme Court, Friday, February 14,

7 p.m. at Golden Gate University,

sponsored by ACLU-NC's San Francisco

Chapter. (See ad in this issue.)

aclu news

Jan-Feb 1986

S.E Becomes Sanctuary City:

ACLU Lobbies Mayor, Board

San Francisco became a "City of

Refuge" for Salvadoran `and Guatemalan

refugees fleeing war and repression in their

homelands when the Board of Supervisors

voted 8-3 to support a resolution by

Supervisor Nancy Walker on December

23,

With the resolution, which was signed

by Mayor Feinstein, San Francisco joined

more than a dozen other cities, including

Berkeley, Sacramento, Los Angeles and

West Hollywood, in declaring itself a

refuge for Central Americans. The

resolution also calls on Congress to pass

the Moakley-DeConcini Bill (HR 822/S -

377) which would grant Extended

Voluntary Departure status to Salvadoran

refugees.

The standing room only crowd in the

Board chambers heard testimony in

support of the resolution from over thirty

people representing religious, legal,

minority, political and labor organizations

as well as from Salvadoran refugees

themselves. The only person to testify

against the measure was David Ilchert,

regional INS Director.

ACLU Testimony

ACLU-NC testimony was submitted by

Executive Director Dorothy Ehrlich in a

December 18 letter to each of the

Supervisors. Ehrlich documented her

testimony with national ACLU publica-

tions Salvadorans in the United States and

Testimony on Displaced Salvadoran

Refugees (both are available from the

Letters

False Accusations

Editor:

Is the ACLU doing anything to help

these poor people who find themselves at

the mercy of police and public prosecutors

acting on the accusations of children?

It appears that many of these children

are led into their accusations by counselors

and psychologists with no training in_

99

sexology. "Innocent until proven guilty

becomes a joke, a macabre joke, as no

amount of testimony or evidence which

contradicts the "innocent child's" testimony

serves to convince juries that anyone

accused of these unspeakable acts by a

child could be innocent.

Board

Continued from page I

2. They may submit a petition of

nomination with the signatures of 15

current ACLU members. Petitions of

nomination, which should also include the

nominee's qualifications and written

consent, must be submitted to the Board

of Directors by May 28, 1986 (20 days

after the May Board meeting).

Current ACLU members are those who

have renewed their membership during

the last 12 months. Only current members

are eligible to submit nominations, sign

petitions of nomination and vote.

ACLU members will select Board

members from the candidates nominated

by petition or by the Board. The ballot

will appear in the June issue of the ACLU

News. The ACLU-NC Constitution

provides:

"ARTICLE Vil, SECTION 4: Any fifteen

or more members of the Union in good

standing may themselves submit a

nomination to be included among those

voted upon by the general membership

by submitting a written petition to the

Board not later than twenty days after the

adoption by the Board of the slate of Board

nominees. No member of the Union may

sign more than one such petition, and

each such nomination shall be accom-

panied by asummary of qualifications and

the written consent of the nominee."

It has reached the Salem Witch Hunt

stage, it seems to me. I don't know who

but the ACLU can hope to turn it around.

I know there are many important attacks

on our freedom just now, but I fear this

too has far reaching effects on the future

of our society.

Earline M. Reid

Individual Autonomy

Editor:

I was pleased to see a letter in your

most recent issue asking about the ACLU's

stand on individual autonomy, since I am

interested in this area myself. I was quite

disappointed to see that you chose to

ignore the questions on this subject and

instead address an irrelevant side issue.

Would you please answer the questions

of Mr. Grindle's letter for me? Again, they

are:

Why doesn't the ACLU recognize

individual autonomy as a civil liberties

issue on a part with its interest in equality,

due process, privacy, free speech, and the

rights of the group? Why doesn't the ACLU

advocate natural rights theory-the view

that human rights are inalienable natural

attributes intrinsic to our autonomy as

individuals rather than being sociopolitical

constructs at the whim of judges,

politicians, and the shifting majority

opinion? Why doesn't the ACLU recognize

private property as a civil liberties issue

when it is obvious that without self owner-

ship, personal property, and personal

freedom of exchange civil liberties cannot

~ be actualized in the real world?

Jeffrey D. Smith

The ACLU News welcomes letters of

opinion, inquiry, outrage, and praise.

Letters longer than 200 words will usually

be edited for length. Please tell us what

is on your mind by writing Editor, ACLU

News, 1663 Mission St., San Francisco,

CA. 94103.

ACLU-NC office).

Ehrlich's letter in support of the

resolution said in part:

"The ACLU has a number of concerns

with the Central American refugee

population in the United States, a

significant proportion of whom are in San

Francisco. .

".. the death, torture and suffering that

threaten Salvadorans and Guatemalans in

their homelands or that await them if they

are deported by the INS after reaching

the relative safety of our borders, will not

wait for the passage of this Congressional

measure. That is why the declaration of

San Francisco as a City of Refuge is so

crucial to the lives.and well-being of those

refugees who are among us."

Political Asylum

"The ACLU Political Asylum Project

has focused on a particular area of

documentation: the fate of Salvadorans

deported from the United States. Fewer

than 700 Salvadorans have been granted

asylum since 1980 (less than three percent

of those who applied) while approximately

35,000 were sent back to El Salvador

during that same time period. Many more

thousands have had their applications for

asylum denied and are soon to receive final

deportation orders.

"The Political Asylum Project obtained

(after initially being denied information

and litigating the request) a list of 8500

persons deported to El Salvador from the

United States between March 1981 and

March 1983. We compared those names

with those on records documenting human

rights abuses in El Salvador already

` assembled in the ACLU office. We were

alarmed by our findings: we identified 112

likely cases of persecution, including 52

political murders, 47 disappearances and

13 unlawful political arrests."

Refugee Law :

"That the federal government is not

fulfilling its obligation [under international

and federal refugee laws], and, moreover,

is punishing some private citizens who are

adhering to these laws, is more a reflection

of politics than of law."

Ehrlich's letter reflected the resolution

passed at the December 1985 ACLU-NC

Board of Directors meeting endorsing the

San Francisco "Sanctuary City" resolution

and an April 1985 ACLU-NC resolution

authorizing the staff and the Immigration

Working Group to "cooperate in any

appropriate manner with sanctuary

workers in the community."

ACLU Organizes

Police Group

The new ACLU-NC Police Practices

Project began operations two weeks before

its official January starting date in order

to mobilize community input on the

selection of a new San Francisco Police

Chief.

According to Project Director attorney

John Crew, the late-December announce-

ment that. Police Chief Cornelius Murphy

was resigning his post raised immediate

concern about whom Mayor Dianne

Feinstein would appoint to replace him

and how-she would conduct the selection

process.

Crew contacted a number of minority -

rights, women's and legal organizations

which, as a group, wrote a letter to the

Mayor requesting an emergency meeting

to voice their collective concerns.

Meeting with the Mayor

At a January 3 meeting, the groups

asked Feinstein to conduct a nationwide

search and not limit herself only to high

ranking officers within the department.

They also stressed that the new chief

should push affirmative action, be sensitive

to community views, and ensure that

constitutional rights of all citizens are

protected.

"The Mayor postponed her decision on

appointing the new chief until after our

meeting," said Crew. "Given that there was -

very little chance she was going to look

outside the department or conduct a

national affirmative action search, we-feel

that the appointment of Frank Jordan-

out of those being considered-was

responsive to some of our concerns."

Jordan has a reputation for listening to

community input, Crew noted, and, in one

of his first actions as Chief, appointed the

first black Commander in the history of

the Department, former Lt. Isiah Nelson.

Crew said that he plans to keep working

with the coalition, which includes the

NAACP, Chinese for Affirmative Action,

Equal Rights Advocates, the Latino

Democratic Club, Harvey Milk Lesbian

and Gay Democratic Club, and the

Lawyers Committee for Urban Affairs

among others.

The ACLU-NC Police Practices Project

has on its agenad the continuing contro-

versy of affirmative action hiring in the

San Francisco Police Department, strength-

ening the Office of Citizen Complaints

(OCC), and allegations of ongoing police

street sweeps.

The Police Practices Project was started

with an initial $5000 contribution from

the ACLU-NC San Francisco Chapter.

Crew has been hired as part-time Director

for six months.

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

Nancy Pemberton, Chairperson Dorothy Ehrlich, Executive Director

Marcia Gallo, Chapter Page

Elaine Elinson, Scribe

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

Michael P. Miller, :ditor

aclu news

Jan-Feb 1986

Bill of Rights Day Celebration 1985

When Richard Criley stepped up to the

podium to receive the 1985 Earl Warren

Civil Liberties Award at the December

8 Bill of Rights Day Celebration, he

brought with him a half-century of

dedicated activism and wisdom. Always

the organizer, he also brought to the

Celebration many veterans of the major

civil liberties battles of the past five

decades.

Pointing out old friends in the crowd

of 600, Criley introduced partisans of the

1934 Free Speech Movement at U.C.

Berkeley, friends of his Chicago organizing

days, leaders of the National Committee

Against Repressive Legislation (which he

see

ra

helped to found) and colleagues from

Monterey campaigns for reproductive

rights and nuclear disarmament. They had

come to honor Richard Criley.

_ The thirteenth annual Bill of Rights Day

Celebration at the Sheraton Palace Hotel

in San Francisco also featured a keynote

presentation by national ACLU Vice-

President Eva Jefferson Paterson and the

honoring of Santa Clara Chapter activists

Dom and Aurora Sallitto with the Lola

Hanzel Advocacy Award. The Celebration

also marked the culmination of the

ACLU's annual fundraising efforts, the

Major Gifts and the Bill of Rights

Campaigns.

"Civil liberties will always be here and I hope the [ ACLU's]

volunteers will always be here and be true to the principles

of freedom, justice and human dignity."

- Aurora Sallitto

Lola Hanzell Advocacy Award recipients Dom and Aurora Sollitto.

Gains and Setbacks

ACLU-NC Executive Director Dorothy

Ehrlich opened the program with an

Annual Report highlighting the grave

setbacks to civil liberties which occurred

in 1985, including the massive libel

judgment against two San Francisco

reporters, the upholding of a probe of

bilingual ballot seekers, and the decision

that Stanford University's firing of an anti-

war professor for political speech was not

unconstitutional. "In every case, appeals

are being vigorously pursued," Ehrlich

said.

Ehrlich also noted that last year's Earl

Warren Award honoree, civil rights and |

trade union leader C.L. Dellums, had been

"quietly removed" by Governor. Deukme-

jian from his position on the Fair

Employment Practices Commission, a

body Dellums had founded and served on

for twenty years.

But Ehrlich's report included significant

victories, as well, such as the successful

litigation against Medi-Cal abortion fund

restrictions and the stopping of a dozen

anti-choice measures in the state Legis-

lature. She also applauded the passage,

with strong ACLU support, of the first

city ordinance banning urinalysis testing

of employees, approved in November by

the San Francisco Board of Supervisors.

Brickbats and Awards

ACLU-NC Field Representative Marcia

Gallo introduced award winner Criley as

"one who gives flesh and blood to the

principles of civil liberties." Criley told the

audience that he was more accustomed

to receiving "brickbats than awards." A

look at his combative history makes it easy

to understand why he has accumulated

Cie

ACLU-NC Chair Nancy Pemberton.

some powerful enemies-among them

HUAC, the FBI, the Chicago Red Squad

and the Moral Majority.

"Our government is the greatest

perpetrator of terrorism in the world today,

the most lawless administration in the

history of the United States," said the

septuagenarian Criley who has witnessed

the abuses of many administrations. :

"The United States is waging undeclared

covert wars all across the world to

overthrow popularly-elected governments

and replace them with military

dictatorships.

"There is also a war of repression here

at home," said Criley. "The government

is trying to turn the clock back on civil

liberties with domestic CIA surveillance,

political trials (like the sanctuary trial in

Tucson) and the destruction of an

independent judiciary."

Criley concluded with a warning that

moved the audience to its feet. "Fascism

adapts to whatever society it emerges in.

Fascism in the U.S. will not come with

the swastika of the Third Reich-it will

be as American as apple pie. American

fascism will come under the symbols of

democracy itself-the Bibles of Jerry

Falwell and the superpatriotic stripes of

Caspar Weinberger."

The Framers' Intentions?

Keynote speaker Paterson invoked a

similar alarm: "What's going on here," she

said, "is an ideological war.

"Attorney General Meese wants us to

look at the `intentions of the original

framers of the Constitution," she observed,

noting wryly that the framers were "white

men who had slaves and thought women

shouldn't vote.

"Are these the intentions he wants us

to return to?" she asked.

Paterson also made an impassioned and

powerful plea for people to understand

affirmative action-"I've made this my

own personal campaign this year," she said.

"Affirmative action is needed to provide

opportunities to minorities and women

who have long been shut out by racism

and sexism. This administration is even

trying to undo regulations against

discrimination in federal contracting

dating back to Eisenhower."

And Paterson ended with a combative

call. "We're not going to go away and they

are not going to win," she said to

_ thunderous applause.

_ Richard Grosboll presents Hanzell

Award.

Volunteer Award

Bil of Rights Day Committee chair

Richard Grosboll presented Dom and

Aurora Sallitto, founders and leading

activists of the Santa Clara ACLU chapter,

with the Lola Hanzel Advocacy Award -

for outstanding volunteers.

In response, Aurora quoted Shake-

speare, "To thine own self be true..." and

adapted the Bard's words to the ACLU.

"Civil liberties will always be here," she

said, and I hope the volunteers will always

be here and be true to the principles of

freedom, justice and human dignity."

ACLU-NC Chair Nancy Pemberton

moderated the program.

Short Takes

"Our government is the

greatest perpetrator of terror-

ism in the world today, the

most lawless administration in

the history of the United

States." |

"American fascism will

come under the symbols of

democracy itself-the Bibles

of Jerry Falwell and the super-

patriotic stripes of Caspar

Weinberger."

_ -Richard Criley

"What's going on here is an

ideological war.

"Attorney General Meese

wants us to look at the

`intentions' of the original

framers of the Constitution,

white men who had slaves and

thought women shouldn't

vote.

"Are these the intentions he

wants us to return to?"

-Eva Jefferson Paterson

Executive Director Dorothy Ehrlich.

aclu news

4 Jan-Feb 1986

---- LE SSE SE SSS ESSE SSS SSS EE

ctemauarenemns

carat

The Northern California Pro-Choice Coalition erected six human billboards in San Francisco on January 22, the 13th anniversary of Roe v. Wade which legalized abortion.

meme

man

Michael P. Miller

Franklin Loses

Final Review

On January 3, the California Supreme

Court denied the ACLU-NC'%s petition for

review in the case of Franklin v. Stanford

ending a fourteen-year battle over

academic freedom.

In response to a Court of Appeal ruling

in October upholding Professor Bruce

Franklin's firing by Stanford University for

anti-war speeches he made during the

height of campus Vietnam protests in 1971,

the ACLU-NC told the Supreme Court

that the University administration has for

more than a decade "attempted to create

a false history concerning the events that

triggered Professor Franklin's dismissal.

"This is a major free speech case,"

asserted ACLU-NC staff attorney Mar-

garet Crosby who is representing Franklin

with staff counsel Alan Schlosser. "It has

attracted nationwide interest because of

the disturbing precedent established when

a powerful and prestigious university fired

a tenured faculty member for political

advocacy."

Crosby charged that Stanford has

strenuously attempted to block the courts

from independently reviewing the factual

context of the speeches for which Franklin

was fired. "Stanford has depicted Bruce

Franklin as something of a mythic figure,

singlehandedly turning a tranquil campus

into a charred battleground," she said.

"They would have the courts and the

public believe that the 1971 anti-war

protests at Stanford occured not because

the Nixon administration invaded Laos,

nor because Stanford was supporting war

games on its computer in violation of its

own rules, nor because the police acted

unconstitutionally toward demonstrators.

The protests occurred, in Stanford's

revisionist history, because the evil Bruce

Franklin stirred up mindlessly obedient

crowds which hung on his every word,"

Legal Briefs

Crosby added.

T-Boone Pickens

Where Are You?

FOR IMMEDIATE. RELEASE,

DECEMBER 17, 1985:

The American Civil Liberties Union,

in a Move unanticipated on Wall Street,

today offered to buy the United States

Justice Department.

_ The offer came in a letter to Attorney

General Edwin Meese only days after ~

President Reagan had proposed selling

the Federal Housing Administration to

private interests, on the grounds that

they could do a better job than the

government.

."We think the same can be said about

the Justice Department," said Ira

Glasser, ACLU Executive Director.

"Civil rights and civil liberties organi-

zations are already doing much of the

work that should be done by the Justice

Department, and particularly by its

Civil Rights Division," Glasser said.

"Civil rights lawyers are increasingly

functioning as `private attorneys-

general,' enforcing laws that the Justice

Department is failing to enforce," he

said. "We might as well go all the way."

Just as President Reagan proposed

selling the Federal Housing Adminis-

tration, including all its assets and

liabilities, Glasser said the ACLU was

"prepared to take over the entire Justice

Department, including its assets and

liabilities, which are many."

The leveraged buyout of the Justice

Department, Wall Street insiders said,

would be the largest in history, dwarfing

the recent purchase by General Electric

of RCA. But Glasser said that it

wouldn't cost as much as anticipated

because "the net worth of the Depart-

ment has plummeted since Mr. Meese

became Attorney General, and investors

have lost confidence in top

management.

"Indeed," said Glasser, "those with

a longterm investment in justice believe

that the Department is now nearly

bankrupt. An examination by our

_ auditors of the balance sheets of its key

unit, the Civil Rights Division, shows

liabilities exceeding assets to an

alarming degree."

It was not immediately clear how the

offer would be received in Washington,

but Mr. Meese was undoubtedly

consulting The Federalist Papers in an

attempt to find out what the framers'

original intentions were with respect to

such an offer.

Meanwhile, Glasser said the ACLU

would be willing to consider purchasing

only the Civil Rights Division, if Mr.

Meese found that offer more acceptable.

"That part of the company is potentially

its most valuable asset," said Glasser,

"and the one that the government seems

the least interested in developing."

Court Justifies

Roadblocks

The state Court of Appeal ruled on

December 19 that drunk driving road-

blocks, conducted by police according to

guidelines which the court outlined, are

permissble under the United States and

California Constitutions.

"Though intrusive and burdensome to

the public even when properly conducted,

the degree of intrusion is justified by the -

magnitude of the drunk driving hazard

and the potential for deterrence and

detection," the 2-1 court opinion stated.

The decision came in an ACLU-NC

taxpayer lawsuit, Ingersoll v. Palmer,

challenging the constitutionality of police

roadblocks. Former ACLU-NC staff

attorney Amitai Schwartz said he would

seek review of the decision in the California

Supreme Court.

Schwartz argued the case in the Court

of Appeal on November 19. "The use of

random roadblocks where motorists are

detained without reasonable suspicion is

a violation of both the California

Constitution and the Fourth Amendment

of the U.S. Constitution," Schwartz said.

Airport Search Precedent

The court found that the roadblocks

were in accordance with California laws

governing searches for the administrative

purpose of deterring criminal conduct. "If

deterring hijacking and detecting potential

hijackers can be characterized as an

`administrative purpose, so too can

deterring drunk driving and detecting

drunk drivers," stated the court.

_ The court also noted that "a properly

conducted roadblock would not violate the

federal Constitution, [although] there is as

yet no U.S. Supreme Court decision

squarely addressing this question." The

court added that some state courts had

found police sobriety checks constitutional,

while others, looking at the same cases,

had found them unconstitutional.

"Our big fear is that this ruling may

usher in a new era of dragnet-type law

enforcement for other types of crimes that

are at least as serious as drunk driving,"

said Schwartz.

The defendants in Ingersoll were the

California Highway Patrol and the Police

Departments of Burlingame, Riverside

and Los Angeles.

During the 1985 Christmas-New Year's

holiday, all eight divisions of the California

Highway Patrol put up_ sobriety

roadblocks.

Police Appeal

Libel Loss

On December 23, former ACLU-NC

staff counsel Amitai Schwartz argued in

the state Court of Appeal the ACLU's

challenge to a 1982 California statute

which allows police officers to sue for libel

persons who file "unsuccessfull" miscon-

duct complaints.

In 1984, Schwartz successfully defended

a police abuse victim who was later sued

by two San Francisco police officers. The

officers sued the man for libel because he

had filed a complaint against them in the

San Francisco Internal Affairs Bureau,

alleging that they had used unnecessary

force in arresting him.

The police libel suit was dismissed by

the San Francisco Superior Court in

March 1985; the officers appealed.

"The law punishes only those who

criticize police officers-criticism which

would otherwise be protected by freedom

of speech," said Schwartz.

Top Court Takes

Libel Case

The California Supreme Court has

accepted the ACLU-NC's petition for

review on behalf of two reporters, Raul

Ramirez and Lowell Bergman, who face

a multi-million dollar libel judgment

because of a series they wrote in the San

Francisco Examiner criticizing the police .

investigation and prosecution of a China-

town murder case. oS

The reporters spent 18 months inves-

tigating the circumstances surrounding the

murder case before publication of the

series. Two former police officers who

investigated the killing and a former

District Attorney who prosecuted the

suspect sued for libel and a jury awarded

damages totaling more than $4 million

against the reporters and The Examiner.

The award was upheld in the Court of

Appeal on October 23.

The ACLU argues that the case involves

many major issues concerning press

freedom. These include the right of

reporters to inform the jury completely

about their investigation, the punishment

which can be inflicted for a reporter's

refusal to reveal a confidential source,

whether a reporter's political beliefs and

personal relationships are relevant, and

whether the court can refuse to advise the

jury of the constitutional policy of press

freedom.

aclu news

Jan-Feb 1986

Arizona D.P.

Challenged

Arguing that "unless this court reverses

the District Court's judgment, the State

of Arizona will execute a man for a crime

committed while he was insane, but who

has never had the opportunity to prove

it," the ACLU-NC filed an appeal in the

Ninth Circuit Court of Appeals on

December 9 on behalf of an Arizona

Death Row inmate.

ACLU-NC staff attorney Edward M.

Chen, along with co-counsel Charles

Breyer of the San Francisco law firm of

Coblentz, Cahen, McCabe and Breyer and

John P. Frank of the Phoenix firm of Lewis

Roca, is representing Robert Wayne

Vickers in federal habeas corpus proceed-

ings. Vickers was sentenced to death for

the killing of his cellmate.

Chen believes that Vickers' case clearly

demonstrates the inherent fallibilities,

inequities and arbitrariness of capital

punishment. "Vickers' conviction and

death sentence is more the result of his

indigency and the incompetence of his

court-appointed trial attorney than

anything else," said Chen.

"We also believe the Arizona death

penality statute is unconstitutional," he

added.

Denied Medical Tests

Vickers has a long history of mental

and emotional disorders stemming from

a brutalized childhood and organic

pathology of the brain, including epilepsy.

"Although insanity was his sole defense,

the trial court refused to order for Vickers,

an indigent, the basic diagnostic medical

tests. One of his court-appointed psychi-

atrists vigorously urged these tests and they

were essential to substantiate his insanity

defense," explained Chen.

Unless Vickers is given a new trial and

provided with adequate medical assistance,

his inability to pay for medical tests to (c)

prove his insanity and to retain a

competent lawyer to defend him could well

cost him his life. .

According to Chen, Vickers was

"defended" by an incompetent attorney, a

confirmed alcoholic once censored by the

Arizona State Bar. This attorney,

appointed just 30 days before the trial,

conducted virtually no pretrial investiga-

tion, did not obtain or examine Vickers'

medical or social records (which graph-

ically depicted his brutal upbringing and

history of psycological disturbances), or

even consult with the defense psychiatrist

prior to the trial.

The petition for habeas corpus advances

seventeen constitutional claims, including

legal challenges to the Arizona death

penality statute. In particular, the petition

challenges the death sentencing scheme in

Arizona where the trial judge reaches the

sole determination to impose capital.

punishment without any jury findings,

input or advice.

The case was originally referred to Chen

by the NAACP Legal Defense and

Education Fund when he was an attorney

with the Coblentz firm. Chen brought the

case with him when he joined the ACLU-

NC staff in September.

If the habeas corpus petition is

successful, Vickers will be retried in the

Arizona courts.

' The last death penalty case in which

the ACLU-NC was involved was the

appeal of Robert Alton Harris in the U.S.

Supreme Court.

Government Fails to Reverse

ACLU Check on INS Abuse

The federal government was unsuccess-

ful in two attempts to reverse a court

injunction halting unconstitutional Immi-

gration and Naturalization Service raids.

The injunction, an unprecedented check

on INS abuse, will remain in effect until

the case goes to trial unless the government

seeks a U.S. Supreme Court stay.

The preliminary injunction, issued by

U.S. District Court Judge Robert Aguilar

on October 11, prohibits INS and Border

Patrol agents in California from entering

businesses without a warrant or randomly

rounding up persons whom they suspect

to be undocumented workers. The

injunction also prohibits unlawful ques-

tioning and detention of workers.

Impact in California

Thirty-eight INS raids in Northern

California were canceled in the first two

weeks following the order. INS officials

.claim the injunction is tying their hands.

Leading immigration and civil rights

attorneys assert that workers are now being

granted a modicum of respect, and that

the INS can still do its job, albeit within

constitutional parameters.

The injunction came in a class action

lawsuit filed in 1982 by the ACLU-NC,

the Mexican American Legal Defense and

Education Fund (MALDEF), California

Rural Legal Assistance (CRLA), the

Asian Law Caucus and the National

Lawyers Guild challenging INS procedures

which violate the civil liberties of workers

of Hispanic background. .

As soon as the injunction was issued,

the INS, represented by U.S. Attorney

Joseph Russoniello, sought a stay with

Judge Aguilar, who refused it on October

28.

On December 2, the government

requested a stay from the federal Court

of Appeals-which also denied it.

Explained ACLU-NC staff attorney

Alan Schlosser, "Basically, the INS will

now have to abide by the Constitution like

everyone else."

The case, International Molders vy.

Nelson, is now proceeding through the

discovery stage in preparation for trial in

U.S. District Court. At the same time,

- the government's appeal or the preliminary

injunction is still pending. -

This lawsuit stems from the highly

publicized, nationwide series of INS raids

on worksites in 1982 euphemistically called

"Project Jobs." :

During these raids, according to court

documents, the INS seized, chased,

handcuffed and at times even beat workers

without cause. INS agents indiscriminately

questioned anyone who they thought

looked Hispanic.

The raids were characterized by blatant

violations of individuals' civil rights and -

__ violations of the limitations on search and

seizure established in the Fourth Amend-

ment. Though "Project Jobs" allowed

broad exposure of these abuses by the INS,

it was not an isolated instance. "Such

behavior is common practice of the INS

and Border Patrol," said ACLU-NC

attorney Alan Schlosser, adding that such

raids are still continuing unabated in other

parts of the country.

Here are some statements from both

sides, drawn from affidavits submitted in

the case.

Opposing the Injunction

Joseph F. Brandon, Jr., Assistant District

Director for Investigations for the San

Francisco District of the INS: |

"INS enforcement and investigative

operations will be severely impeded by the

preliminary injunction issued on October

11, 1985 by the Honorable District Court

Judge Robert P. Aguilar. eS

"When Border Patrol Agents conduct

workplace operations, they usually wear

uniforms and travel in marked vehicles.

It is Our experience that these uniforms

and vehicles are readily identified by illegal

aliens. It is a matter of common knowledge

that, when an illegal alien views an

approaching Border Patrol Agent's

uniform and/or vehicle, the alien will flee

the area. [So], it is difficult or impossible

to comply with [the section of] the order

requiring the INS not to arrive in a manner

that would foreseeably provoke flight by

workers." |

John F. Shaw, Assistant Commissioner

of the INS in charge of the Investigation

Branch:

"The effect of the injunction entered in

this case negates INS' ability to effectively .

enforce immigration laws...

"Without the ability of INS to conduct

interior enforcement operations, such as

`Project Jobs' INS will be unable to

remove or reduce the job incentive that

draws aliens to enter the United States

illegally."

In Favor of the Injunction

Donald L. Ungar, Senior partner in the

San Francisco law firm of Simmons and

Ungar, specialist in immigration law for

23 years:

"The [INS] has effective methods

available to it which do not result in the

widespread violations of constitutional

rights that factory `surveys have produced

in the past.

"Based on my experience, I believe the

preliminary injunction will help curb

many abuses of constitutional rights which

have consistently occurred during -the

chaotic and disruptive atmosphere of

factory `surveys in the past. Although the

injunction will change the way these

~ `surveys' are conducted, it will not severely

restrict or cripple the INS' ability to

enforce the immigration laws."

Bill Ong Hing, Professor of Immigration

Law and Policy, Director of the Immi-

gration Law Clinic at Stanford University:

"I have represented many aliens who

have been arrested at the workplace, and

I have been called by employers, or their

attorneys, who have sought my advice on

the extent of employer responsibilities.

owed to INS inquiries.

"In general, I have found that employers

are willing to cooperate with the INS when

asked to provide lists of employees and

their respective immigration statutes.

While there does not appear to be a legal

obligation to cooperate, most employers

that I have spoken to generally have

cooperated [with INS inquiries].

"I believe that the district court's order

in this case is fair and not unmanageable.

I am confident that the INS can and will,

within the parameters of the order,

continue to apprehend undocumented |

aliens at the workplace."

Keynote speaker Dr. Kenneth Clark

responds to a reporter's question at a

San Francisco civil rights conference.

Over 300 people attended the confer-

ence, co-sponsored by ACLU-NC in

mid-January. Dr. Clark provided the

psychological studies used as the basis

for overturning the doctrine of

"separate but equal" in Brown v. Board

of Education.

For more than 50 years the ACLU

of Northern California has fought to

defend the Constitution and the Bill

of Rights. Through the pages of

history-redbaiting, vigilantes, WWII

internment camps, HUAC, the Free

Speech Movement, Vietnam, civil

rights, the women's movement, gay

rights and more-the ACLU has

liberties.

You can do something now to

insure that the ACLU will continue to

fignht-and win-ten, twenty and fifty

years from now, through a simple

addition to your will.

Every year thoughtful civil libertar-

ians have, through their bequests,

pioneered the fight for individual

A Will to Give

provided important support for the

ACLU. In 1985, interest income alone

earned by these bequests contributed

over $50,000.

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.

lf you need information about

writing a will or want additional

information, consult your attorney or

write:

Bequests

ACLU Foundation

1663 Mission Street

San Francisco, CA 94103

ae @

aclu news

Jan-Feb 1986

CRIMINAL

JUSTICE

-AB 1467/AB 989 (Condit) -

Death Penalty

These two bills are the major legislation in

this area and are virtually identical. They

propose to increase sentences for murder,

expand the felony murder rule to allow a

conviction for murder without intent to kill,

increase the types of murder which are capital

offenses and overrule decisions of the

California Supreme Court which limit or refine

the existing death penalty statute.

Action: AB 1467 was defeated in the

Assembly Ways and Means Committee. The

_ author then amended its provisions into AB 989

which had already passed the Assembly and

was pending in the Senate Judiciary Commit-

tee. After passing the Senate, AB 989 was

referred back to the Assembly Public Safety

Committee where it is now pending.

ACLU: Opposed

AB 1917 (Stirling) -

Search Warrants

As introduced, this bill, sponsored by the

ACLU, required logs to be kept of all search

warrant applications including those refused.

Court personnel and law enforcement repre-

sentatives considered this to be administratively

impossible. The bill was then amended to

provide that the defense has the right to

discover all previously denied warrant appli-

cations in a particular case. It is hoped that

such a procedure will prevent judge shopping

and will be useful in determining "good faith"

as there is now a good faith exemption for

searches conducted without a valid search

warrant.

Action: Passed Legislature, signed by

Governor.

ACLU: Sponsored

SB 1054 (Lockyer), SB 1296

(McCorquodale) -

Extended Commitment of

Mentally Ill Prisoners

This measure provides that mentally ill

prisoners may continue to be involuntarily

confined, even after they have served their

legally mandated term of imprisonment.

Action: Passed Legislature, signed by

Governor.

ACLU: Opposed

AB 487 (Robinson), AB 2251

(Costa), SB 253 (Presley) - _

Prison Construction

Early in the legislative session, Senator

Presley introduced the Deukmejian adminis-

trations new prison construction plan. It was

a modest proposal comprising approximately

4,000 new beds. Just as the session was about

to end it was announced that the administration

had seriously underestimated the number of

new prisoners and that it was necessary to

double the size of the program. Overcrowding

has in fact become a crisis, but it is in large

part due to sentencing practices which rely

heavily on incarceration, increased denial of

work credits and more frequent suspensions

of parole for minor transgressions.

AB 487, AB 2251 and SB 253 were all

drastically amended in the last weeks of the

session to accommodate the administration's

request for new beds, waivers of environmental

impact reports (EIRs) and additional funding

for construction. Present plans include new

prisons in Avenal, Corcoran, Blythe, Del Norte,

San Diego and lone, a new women's prison

in Stockton, and additions to prisons at

Tehachapi, Susanville, Soledad and Folsom.

Action: Passed Legislature, signed by

_ Governor.

ACLU: Opposed

1985 Bill Highlights

Each year over 5,000 bills are introduced

in the California Legislature. About 2,000

have a potential civil liberties impact and

are on the "watch" list for the ACLU%

Sacramento staff. The Legislature is in the

middle of its 1985-86 two-year session. Bills

introduced last year which were not passed

or killed may still receive consideration in -

1986.

AB = Assembly Bill

ACA = Assembly Concurrent

Amendment

SB = Senate Bill

Sponsors are listed in parentheses

following the bill number.

FAMILY PRIVACY

SB 7 (Montoya) -

Minors' Access

to Abortion

This bill requires minor women to have the

written consent of a parent in order to seek

abortion services. If a woman under 18 does

not believe she can get such permission, she

must apply to a court for an exception from

the rule. The measure follows similar laws in

Minnesota, Indiana and Massachusetts which

are currently being litigated. The restriction falls

most heavily on minors who are poor, and who

are the victims of rape or incest. The measure

would place a substantial burden on the state

courts and undermines the constitutional

privacy interests of young persons.

Action: Passed Senate, awaiting action in

Assembly Judiciary Committee.

ACLU: Opposed

SB 150 (Alquist) -

State Budget/Anti-Abortion

Control Language

The budget, as usual, contained language

restricting the use of Medi-Cal funds for

abortions for indigent women. This year, a new

twist appeared. Senator Richardson success-

fully carried language restricting the appropri-

ation of state funds to organizations which

advocate, counsel or otherwise advertise and

promote abortions. When the budget went to

conference committee to resolve Senate and

Assembly differences, this language was voted

out. This language, however, was "inadver-

tently" retained when the printed bill went to

the Governor's desk. The effect was almost

immediate closure of family planning clinics.

Action: Abortion restriction passed by the

Legislature; advocacy language voted out but

retained, both signed by Governor; both

restrictions have been struck by Courts of

Appeal (CDAR v. Kizer - ACLU case, Planned

- Parenthood v. Swoap - ACLU amicus.)

ACLU: Opposed

SB 903 (Presley) -

Termination of Parental Rights

In a novel attempt to expedite the termination

of parental rights of an unwed father, SB 903

proposed to require him to register his intent

to assert parental rights in the adoption of any

infant children born as a result of his sexual

relationship. This measure raises serious

questions as to its constitutionality (as it requires

an affirmative act in order to assert a

fundamental privacy interest) and also provides

no protection against collateral use in paternity

and child support actions or criminal trials. The

measure also raises questions of confidentiality

and invasion of privacy for the sexual partners

of registrants as it would create a government

record of sexual contacts between unmarried

persons.

Action: Passed Senate, pending in Assem-

bly Judiciary Committee.

ACLU: Opposed

POVERTY

AB 648 (Margolin) -

Indigent Health Care

Counties are currently responsible for

providing health care to indigent persons who

are not eligible for Medi-Cal. Although the state

reimburses some costs, the counties claim they

are paying a disproportionate share. AB 648

was an attempt to provide additional state funds. -

Action: Passed Legislature, vetoed by

Governor (but some additional money was

agreed to by the Governor in the budget).

ACLU: Support

AB 986 (Margolin) -

Indigent Health Care

AB 986 proposes to extend certain safe-

guards which had expired and which ensured

that counties do not enact burdensome

eligibility requirements for the medically

indigent.

Action: Passed Assembly, pending in

Senate Health and Human_ Services

Committee.

ACLU: Support

AB 2580 (Assembly Members

Konnyu, Agnos, Molina, Killea,

Herger; Senators Nielsen, Gara-

mendi, Greene) -

Welfare "Workfare"'

AB 2580 is the product of Assembly Member |

Agnos' negotiations with the State Department

of Social Services in the area of welfare reform.

Dubbed GAIN (The Greater Avenues for

Independence Act of 1985), it includes both

some positive and some strong negative

aspects. In a nutshell, all AFDC recipients with

children over six years of age must enroll in

a training, education or workfare program in

order to receive benefits. The positve aspect

is that it provides for training and education

which may lead to useful long-term employ-

ment. The negative is that it does not contain

sufficient safeguards to ensure that counties

. actually offer a full range of appropriate

services. The major objection is that it contains

a mandatory work component. Recipients may

end up in menial, make-work jobs or-may

displace salaried workers.

Action: Passed Legislature, signed by

Governor

ACLU: Opposed

SB 270 (Nielsen) -

Due Process in Welfare Hearings

The Supreme Court has applied the principle

of "collateral estoppel' to welfare administrative

hearings. If a recipient prevails and the ruling

is that there has been no overpayment, criminal

prosecution is barred. SB 270 seeks to overturn

this.

Action: Passed Senate, pending in Assem-

bly Public Safety Committee.

ACLU: Opposed

FIRST

AMENDMENT

SB 139 (Deddeh) -

Obscenity

In California, obscenity is defined as material

which (1) taken as a whole and applying

contemporary standards, (2) predominately

appeals to the prurient interest and goes

substantially beyond customary limits of candor

and (3) is utterly without redeeming social

importance.

SB 139 was one of a number of bills which

proposed to move California closer to the Miller

standard. As introduced, it would have deleted

the third prong of "utterly without..." and

substituted "lacks serious literary, artistic,

political and scientific value" SB 139 was

amended and a new third prong, unknown

anywhere else, was inserted. It read "signif-

icantly without redeeming social importance."

Action: Passed Senate, defeated in Assem-

bly Public Safety Committee

ACLU: Opposed

JUVENILE LAW

AB 1369 (Frizzelle) -

Student Searches

The U.S. Supreme Court has held that school

Officials do not need probable cause to conduct

a warrantless search of a student, merely

reasonable grounds to believe a crime or

violation of a school regulation has been

committed. AB 1369 was an attempt to codify

this and extend it to school lockers, thereby

preventing California from adopting a more

restrictive standard.

Action: Failed in Assembly Public Safety

Committee.

ACLU: Opposed

EQUAL

PROTECTION

AB 1 (Agnos) - |

Sexual Orientation

As in past years, AB 1 defines an unlawful

employment practice to include employment

discrimination on the basis of sexual orientation.

Action: Pending in Assembly Labor and

Employment Committee, must pass out by the

end of January. -

ACLU: Support

AB 201, ACA 30 (Hill) -

English as Official Language

These bills are an attempt to implement the

November 1984 ballot proposition which

declares English as the official language of the

State of California.

Action: AB 201 was defeated in the

Assembly Government Organization Commit-

tee; ACA 30 was introduced shortly thereafter

and is still pending.

ACLU: Opposed

AB 977 (Frizzelle) -

Pre-employment

Investigations

Although the stated purpose of this bill is

to weed out job applicants who have a history

of abusing the elderly in hospitals or nursing

homes, the method of obtaining information is

Continued on page 7

oe aclu news

Jan-Feb 1986 7

Mixed Record for Civil Liberties

Continued from page I

Reproductive Choice - The

Continuing Battle

None of the more than a dozen anti-

choice measures introduced passed the

Legislature; as usual, the Budget Act

became the real arena of battle.

The yearly budget fight over Medi-Cal

funding for abortion took one odd twist

this year. The ban on funding was inserted

as usual, but proponents went further and

also proposed language restricting access

ACLU's Sacramento staff: Legislative Advocates Daphne Macklin (L) and

Margie Schwartz (R) with Legislative Assistant Rita Egri (middle).

Bill Highlights

Continued from page 6 -

extreme. AB 977 proposes to permit hospitals

and community care facilities to inquire into

the personal lifestyles and histories of persons

seeking employment. It also permits release

by public agencies of all records regarding a

potential employee.

Action: Referred to interim study. :

ACLU: Opposed

POLICE

SB 969 (Robbins) -

Punitive Damages

Current law provides that public employees

(often police officers) personally pay punitive

damages awarded against them by a court.

This measure changes the law to allow public

entities to pay any punitive damages awarded

against a publicly employed defendant. It allows

cities and counties to selectively repudiate the

findings of trial courts indicating that public

employees have acted willfully, maliciously and

outside the scope of their duties. It creates a

large loophole for escaping punishment for

willful misconduct on duty.

Action: Passed Legislature, signed by

Governor.

ACLU: `Opposed

AB 1225 (Roos) -

Private Security

AB 1225 establishes standards for security

guards and persons working as private police

officers that are similar to those which must

be met by publicly employed police officers.

The bill also permits the termination or denial -

of a license when an applicant or licensee

poses an undue hazard to the public because ~

of his or her misconduct or incompetence.

Action: Passed Legislature, signed by

Governor.

ACLU: Support

to state funds by organizations which

"advocate, counsel or otherwise advertise

and promote" abortion. Although this

language, authored by Senator Richardson

(R-Arcadia), was deleted from the Budget

Act by members of the Senate-Assembly

Conference Committee, the language was

"inadvertantly" retained in the printed

version of the budget that was sent to the -

Governor.

Governor Deukmejian declined to

delete the language although it was

universally recognized to have been

included in error.

Planned Parenthood and other family

planning providers-threatened with a

massive cut-off of funds and closure-

sued. The ACLU filed an amicus brief in

the case which was decided in favor of

the plaintiffs in November by the Court

of Appeal; the state did not appeal.

Working Together for Workfare

The last, but certainly not least, example

of unlikely coalitions was in the area of

poverty and civil liberties. For decades,

the right wing in the Legislature has been

advocating "workfare"-mandatory work

for welfare recipients. Ronald Reagan had

even proposed a workfare program when

he was governor. Liberal Democrats

consistently opposed such a program as

forced labor and because of the potential

threat it posed in displacing salaried

workers.

However, in the spring and summer of

1985, one of the leading liberal Democrats,

Art Agnos (D-San Francisco), toured

workfare programs in several Eastern

states and came home a_ born-again

believer. Agnos negotiated with the

administration and developed a compro-

mise, AB 2580.

Agnos was successful in gaining

agreement on some key points, such as

a wide array of training alternatives and

`due process appeal protections before

sanctions could be imposed. However, the

ACLU, labor unions and welfare rights

groups still adamantly opposed the

mandatory work aspect of the measure.

Because AB 2580 won the support of

other liberal Assembly members, including

Gloria Molina (D-Los Angeles) as well

as the administration, it moved quickly

through the Assembly. It was stalled in

the Senate until the administration agreed

to fund Senator Roberti's (D-Los Angeles)

latch-key childcare package in exchange

for his support. With this horse-trading,

an unusual coalition of liberals and

conservatives emerged to enact AB 2580

mlolaw ;

1986: AIDS, Abortion and

Financial Privacy

Predicting future activities in the

Legislature is always risky business, and -

it is hard to judge whether these new

bedfellows will continue their tenuous

alliances. Because 1986 is an election year,

we may see more legislators speaking and

voting along party lines. The November

Supreme Court balloting will also solidify

the division between pro-Bird and anti-

Bird forces. For example, death penalty

legislation will certainly be reintroduced

and will no doubt be used to fan anti-

Supreme Court sentiment.

One thing we can be certain of is that

this year's legislation will be quite

controversial.

High on the agenda will be measures

relating to AIDS. Shortly after the

Legislature recessed in the fall of 1985,

lobbyists from the insurance industry

launched an effort to overturn provisions

of AB 4 (Agnos) which prohibits the use

of the results of an AIDS screening test

in determining the insurability and

employment of an individual. State law

also currently requires that a person give

- specific permission for the AIDS test to

be performed on his or her blood sample.

The insurance lobby is arguing that

without the test results the industry faces

economic disaster as a consequence of the

high cost of treatment of AIDS victims.

Without access to test results, the

insurance companies are threatening to

institute life-style "red-lining" for single

men living in communities known to have

large numbers of homosexual residents.

Because many workers receive health

care benefits as part of their employment,

the question is directly related to

employment discrimination against gay

men. Employers may demand information

about the sexual preferences of unmarried

male employees because of the increased

costs associated with health care claims

made by AIDS victims. They may also

begin to inquire into a prospective

employee's medical history, particularly

with regard to any past use of intravenous

drugs. This practice is becoming more

commonplace, as employers are invoking

the AIDS crisis as an excuse to ask

intrusive questions.

The establishment just over a year ago

of the California AIDS Task Force was

a vital move in focusing the state's attention

and resources around the AIDS/ARC

crisis. Meeting regularly under the

auspices of the Legislature, the Governor's

Office and the Department of Health

Services, the AIDS Task Force coordinates

some levels of the state's official response

to the need for basic AIDS research and

related issues. To date the Task Force has

dealt mainly with AIDS/ ARC as a public.

health emergency, but in the next few

months it will begin to address the civil

rights implications of AIDS and society's

response to the disease.

Privacy: Old and New

A new issue, "money-laundering," is

emerging which threatens provisions of the

hard-won Financial Privacy Act. Attorney

General Van de Kamp alleges that the state

is losing the war on drug trafficking

because law enforcement agencies may not

gain access to banking records of those

who transact business in large amounts

of cash.

The measure urged by Van de Kamp

would go beyond the federal reporting laws

and would create a serious breach in the

privacy of financial records. California has

been a leader in privacy protection since

the Financial Privacy Act was passed, with

strong ACLU support, in 1976.

In the area of reproductive choice, there

are some old and new developments. Left

over from last year is SB 7 (Montoya, D-

Whittier) which requires parental or

judicial consent for minor women seeking

abortions. A new question arose because

of a California Supreme Court decision

which struck down a statutory bar on

sterilization of persons who are develop-

mentally disabled. Some legislators want

to codify the decision and enact statutory

guidelines for sterilization.

arm,

aclu news

Jan-Feb 1986 -

Pro-Life Measure

Petition Drive Fails

Pro-choice advocates had additional

reason to celebrate the thirteenth anniver-

sary of the landmark Roe v. Wade decision

on January 22-just a few weeks earlier

one of two anti-choice initiatives failed to

obtain enough signatures to qualify for the

June 1986 ballot.

A statewide pro-choice coalition,

Californians for Choice, established by the

ACLU-NC and others to defeat the

initiatives, played a key role in opposing

the measure.

San Francisco Chapter

ACLU of Northern California

Presents a series of forums

An

`American Tradition:

Our Independent

Courts

7:00 P.M. Friday, February 14

Justice Under Stress

The National Perspective

February, 1986

Former U.S..

Attorney General

Ramsey

Clark

Golden Gate

University

Auditorium, 2nd

Floor

536 Mission Street

San Francisco

Location:

Tickets: $5.00 general public;

$3.00 students,

ACLU, and SF Bar

Association members;

available at BASS

outlets and at the door.

Information: call 415-621-2493.

Co-sponsors: The Bar Association of

San Francisco and

Golden Gate University

School of Law

The failed initiative, entitled "Limitation

on Public Funded Abortion" and spon- -

sored by the Children's Fund, would have

added an amendment to the state

Constitution prohibiting Medi-Cal funding

of abortion and directing that the $30

million from Medi-Cal abortion funds be

allocated for three years to programs for

disabled children. Late in December, the

Children's Fund admitted that they had

failed to obtain the required number of

signatures to qualify the initiative.

Second Initiative

The battle is still on, however, as a

second initiative, sponsored by the

national American Life Lobby, is still

lurking in the shadows. This harsher

measure would ban public funds for

abortion even in cases where the woman

faced "imminent death." Supporters of this

proposed constitutional amendment must

turn in signatures by February 22 to

qualify for the November 1986 ballot.

Californians for Choice has decided to

maintain itself as an organization. ACLU-

NC Executive Director Dorothy Ehrlich

is on its Executive Committee.

ACLU-NC Board member Barbara

Brenner and staff counsel Margaret

Crosby provided significant legal assistance

to Californians for Choice. Board

members Anne Jennings and Marlene

DeLancie, and Pro-Choice Task Force

members Mary Hackenbracht and Dick

Grosboll also made significant contribu-

tions to the work.

If you would like to learn more about

`the ACLU-NC Pro Choice Task Force,

please contact: Marcia Gallo, Field

Representative, 415/621-2493

Volunteers Needed

Volunteers are needed now during

our busy Spring Recruitment season.

We need office help. Tasks involve

batching and handling contributions,

researching donor files, updating

records and responding to member-

ship inquiries. We're looking for flexible

individuals who possess attention to

detail, accuracy, problem solving

ability, and who may enjoy the active

pace of the ACLU office in San

Francisco. Bookkeeping or account-

ing experience is especially helpful.

If you are interested, please contact

Sandy Holmes, Membership Coordi-

nator at (415) 621-2493.

Computers Needed

The ACLU of Northern California

needs the following equipment for use }

by the legal, field, public information,

and development departments:

cent IBM PC or compatible and North-

Star "Advantage" microcomputers,

a hard disk, printers and modems;

0x00B0 Heavy duty paper cutter (up to 100

sheets);

cent Legal-sized metal file cabinets;

cent Paper-folding machine.

Tax deductions available-call

Michael Miller, 415/621-2493.

Field Program Calendar

B.A.R.K. BOARD MEETING: (Usually

fourth Thurs.) Volunteers are needed to staff

hotline. Please contact Florence Piliavin,

415-655-7786.

EARL WARREN BOARD MEETING:

(Third Wed.) Contact Beth Weinberger

415-839-2743.

FRESNO BOARD MEETING: (Usually

third Wed.) Contact Sam Gitchel for details:

209-486-2411 (days), 209-442-0941 (eves).

MARIN COUNTY BOARD MEETING:

(Third Mon.) Contact Milton Estes

415-383-6622 (days), 415-383-8405 (eves).

MID-PENINSULA BOARD MEETING:

(Usually last Wed.) Contact Harry Anisgard,

415-856-9186.

MONTEREY BOARD MEETING: (Usu-

ally fourth Tues.) Tuesday, February 25, 8:00

p.m., Forum on "Right to Freedom of

Choice-What's Next?" Speaker: Daphne

Macklin, ACLU Legislative Analyst.

Monterey Library, Pacific and Jefferson

Streets, Monterey. Next Board Meeting,

Tuesday, March 25. Contact Richard Criley,

408-624-7562.

MT. DIABLO BOARD MEETING:

(Fourth Wed.) Contact Hotline

415-939-ACLU.

NORTH PENINSULA BOARD MEET-

ING: (Second Mon.) Contact Sid Schieber

415-345-8603.

SACRAMENTO VALLEY BOARD

MEETING: (Usually second Wed.) Contact

Jerry Scribner 916-444-2130.

SAN FRANCISCO BOARD MEETING:

(Usually fourth Tues.) Contact Chandler

Visher, 415-391-0222.

SANTA CLARA BOARD MEETING:

(First Tues.) Contact Michael Chatsky,

408-379-4611.

SANTA CRUZ BOARD MEETING:

(Second Wed.) Wednesday, February 12,

Louden Nelson Center. Tuesday, February

18, 8:00 p.m., Saul Landau will speak on

National Security: Myths and Realities at

First Congregational Church, 900 High

Street, Santa Cruz. Donations requested.

Contact Bob Taren, 408-429-9880.

SONOMA BOARD MEETING: Contact

Andrea Learned, 707-544-6911.

STOCKTON BOARD MEETING: (Third

Wed.) Contact Eric Ratner, 209-948-4040

(eves).

YOLO COUNTY BOARD MEETING:

Contact Dan Abramson, 916-758-2762.

FIELD COMMITTEE MEETINGS

FIELD COMMITTEE: Saturday, Febru-

ary 8, 10:00-1:00 p:m. Annual Field

Committee Priority Setting Meeting:

Selecting Organizing Issues for 1986.

ACLU, 1663 Mission Street, #460, SE

Contact Marcia Gallo, 415-621-2494.

PRO-CHOICE TASK FORCE: Wednes-

day, February 5, 6:00 p.m. Special

Educational/ Training Program with Guest

Speaker: Margaret Crosby, ACLU Staff

Attorney, ACLU, 1663 Mission Street,

#460, SE Contact Marcia Gallo or Deborah

Shibley, 415-621-2494. :

RIGHT TO DISSENT COMMITTEE:

Wednesday, February 5, 7:30 p.m., ACLU,

1663 Mission Street, #460, SE Contact

Marcia Gallo, 415-621-2494.

DRAFT OPPOSITION NETWORK:

Next meeting, Tuesday, February 25, 7:00

p.m. at CCCO, 325 Ninth Street, SE

Contact Judy Newman, 415-567-1527.

IMMIGRATION WORKING GROUP:

February 13, 6:00 p.m., ACLU 1663

Mission Street, SE Contact Marcia Gallo

or Cindy Forster, 415-621-2494.

INDEPENDENT JUDICIARY: (Usually

First Saturday each month.) February 1,

Saturday, 10:00 a.m., ACLU 1663 Mission

Street, SE Contact Marcia Gallo, 415-621-

2493.

ee

"An entire generation has grown up with the expectation

that the courts and the Justice Department guard our

liberties for us. This assumption is a dangerous error."

Join the ACLU...

C1 Individual $20

L1 Sponsoring $125

L] Renewal

C1 Joint $30

LX Benefactor $500

C1 Contributing $50

CL] Gift membership from __

Name(s)

Address

City

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

ee ee =)

AMERICAN

CIVIL LIBERTIES

UNION-NEWS

FREE SPEECH

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a

lal

Nee

_ "Eternal vigilance is the price of liberty." 86

History from the pages of the ACLU News

"This branch sprung into being

_as a result of the San Francisco

General Strike in 1934. That

strike was marked by destructive

vigilante raids on the headquarters

of labor and radical organizations.

Chester Williams and I were

sent by the national ACLU to

oppose the reign of lawlessness

that was tolerated, and many times

participated in, by law enforcement

officers."

4 Ermest Besig

During the 1934 dock strike, local police attacked Executive Director ACLU,

strikers with tear gas and bullets. 1935-1971

On Bloody Thursday, July 5, 1934, a longshore-

man and a cook from the strike kitchen, were

felled by police bullets.

eRe AEA SE REE

Vol Il.

Court Orders Eight Syndicalism

Victims Discharged From Custody

SACRAMENTO, Sept. 28.-The Third District Court of Appeal today reversed the

conviction of the eight Sacramento criminal syndicalism victims, because the verdicts ren-

dered by the jury were inconsistent. The case was not sent back to the lower court for

a new trial. Instead, the appellants were ordered discharged from custody because `"`No

good will be subserved by a second tria!. We are of the opinion the verdict of acquittal

which was rendered by the jury on the sec-

ond indictment will furnish conclusive proof acquitted by the jury of resorting to writ-

of a former acquittal of the charges con- ten or spoken language or personal conduct,

tained in the first indictment." to advocate, teach, aid or abet criminal

Vol. III.

SAN FRANCISCO, CALIFORNIA, OCTOBER. 1937

SAN FRANCISCO, CALIFORNIA, MAY, 1938 |

ae

No. 10

The Story of Tessie

Tessie Palmaymesa won't be six years old

until November 14. She's pretty, with black

hair and dark eyes, and quite bright, too.

And, what's more, Tessie is a good little

girl-she obeys her mother. For that rea-

son she was made the innocent victim of

the following flag salute incident:

Registered in the first grade of San Lean-

dro's Roosevelt School, her teacher noticed

that she failed to join the other pupils in

the flag salute ceremony. "Why won't you

salute the flag' Tessie was asked. "Be-

cause my mother told me not to," she re-

enandad Taccia'a tanornhayr wrac ineancad and

ts | Ae a

Camera-Shy Stanley Doyle, professional red-baiter and former Communist Party

stoolpigeon, went berserk during the course of a demonstration before the Nazi Con-

sulate in San Francisco on Saturday, April 23rd, and assaulted Ernest Besig, local director

of the Civil Liberties Union, and Carl Bergmark, photographer for the San Francisco

NEWS. Doyle and n unidentified companion destroyed motion pictures taken by Besig,

but failed in an attempt to ruin a picture

taken by Bergmark showing the destruc- twoshots which apparently escaped Doyle's

tion of Besig's films. : attention.

Yr. News Cameraman

IMMIGRATION OFFICIAL

DRAWN INTO CALIF.

_ "RED NETWORK" -

Another amendment has been tacked on

to the $5,100,000 complaint filed by Ivan

Francis Cox, erstwhile International Long-

shoremen Workers' Union official, who

claims he was ousted from his job as the re-

sult of a state-wide red plot engaged in by

more than five thousand named and un-

named defendants.

It charges that Edward W. Cahill, Com- .

Photo: courtesy D

=