vol. 53 (1988), no. 3

aclu news

~ NON PROFIT

ORGANIZATION

U.S=POSTAGE

PAID -

Permit No. 4424

San Francisco, CA

Volume Lill

May/June 1988

No. 3

Challenge to S.F. Teen Curfew

Law

eenagers seen on the streets of San

: : Francisco after 11 PM - with or

without the permission of their par-

ents - are being arrested by police officers

under a San Francisco curfew law which

was enacted during World War II.

On behalf of three teenagers who were

arrested under the curfew law, and their

parents, the ACLU-NC filed a class action

lawsuit in U.S. District Court on April 13

challenging the San Francisco law as

unconstitutional.

According to ACLU-NC cooperating

. attorney Stephen Taylor of the San Fran-

-cisco law firm of Graham and James who is

representing the teenagers along with -

ACLU-NC staff attorney Alan Schlosser,

"This case presents an important civil rights

issue by challenging a law which directly

interferes with parents' rights to raise their

children as they see fit and punishes minors

who have done nothing wrong - just

because they are out past [1 PM."

The suit is being filed on behalf of Donald

_ McLemore, and his mother Sherrie McLe-

more, Kristen Dilworth and her stepfather

Kenneth I. Jones, and Leah Klein and her

mother Carolyn Ritchie.

The curfew law, Municipal Police Code

Section 539, was last amended in 1951. It

states that it is unlawful, in most instances,

for a minor to be present in any public place

in San Francisco between the hours of 11

PM and 6 AM. It also states that the parent

or guardian of a minor arrested under the

law is guilty of a misdemeanor for "aiding,

Teenagers in public after

11 PM are being arrested

under a San Francisco

curfew law enacted during

World War II.

Courtesy of Ang Katipunan

Comedy Benefit

with (c)

Will Durst

Marga Gomez

Paul Krassner

Monday, May 23 9PM

The Punchline (upstairs)

444 Battery St, San Francisco

Tickets are $8 and are available in advance from the ACLU-NC.

Please mail checks to ACLU-NC Foundation

1663 Mission St. #460; SF 94103; Attention: Comedy Benefit.

Please enclose a stamped, self-addressed envelope with your order. -

All pe to benefit the ACLU-NC Foundation.

John Arms

abetting or encouraging a violation" of the

curfew law.

Graduation Celebration

Donald McLemore was walking with two

friends on Broadway on June 20, 1987 on his

way to Pier 39 to celebrate his graduation

from high school. He was 17.

"We were stopped by a policeman who

asked how old we were. When we told him,

they handcuffed me and one of my friends

(the other one was over 18) and placed us

under arrest. Even though I told them I had

my mother's permission, they still put us in

the paddy wagon and took us down to the

- station," McLemore said.:

"We were held for three hours at the police

station, chained to the bench and with

nothing to eat. They released -us when my

uncle came to Central Station and signed a

notice to appear at the Youth Guidance

Center," he concluded.

_ Kristen Dilworth, also 17 at the time, was

arrested in January, 1987 on her way to her

car following a friend's party in North

Beach. Her parents had given her express

" permission to attend the party.

Notwithstanding Dilworth's explanation

to the officer that she had parental permis-

sion to be out, the police arrested her and her

discriminated against."

friend, put them i ina con. wagon.and held

them at Central Station.

Her father, Kenneth Jones, was called by

the police at 2. AM. He confirmed that he

had given his stepdaughter permission to

attend the party. "Despite this information,"

Jones explained, "the police officer told me

that Kristen was being detained for violation

of the curfew law and that unless I came

personally to Central Station that night, she

would be incarcerated for the night at the

YGC. : S

"I drove from my home in Hillsborough

where, in order to gain release of Kristen, I

signed a notice to appear at the YGC," he.

-added. Although the appearance was later

cancelled, I have been informed that a police _

record on Kristen still exists.

"My concern is that young people be

afforded the same rights and privileges as

anyone else," said Jones. "They should not be

aN

Waiting for a Bus S

The third plaintiff, Leah Klein, was head-

ing toward a bus stop around 10: 30 ona

spring night in 1986, when police officers

pulled up to the sidewalk in their patrol car

and, using a loudspeaker, ordered all the

young people in the immediate area to stand

against a wall.

While Klein was standing against the

`wall, as ordered, the police questioned and

searched all the youths. Klein explained that

she wanted to board the bus, which had just

pulled up at the stop, to return home. The

police officer replied that while it was not yet

11 PM, it would be by the time they were

finished.

At that, he arrested her and the others

and detained her at Ingleside Station for -

three to four hours.

In the fall of that year, Klein was again

arrested under the curfew law. At the time,

she was at a pay phone outside a super-

market calling her mother to let her know

she was on her way home. The arresting |

officer, despite being put on the phone to'

~Klein's mother who told him that her daugh-

ter had permission to be out after 11 PM,

again searched Klein and took her to the

Ingleside Station where she was held for

several hours before being allowed to return

home in the custody of her father.

According to Schlosser, "The presence in

public of these teenagers and others is a

wholly innocent and constitutionally pro-

_ tected exercise of their liberties of free speech -

and association, privacy, and movement.

"By stopping, arresting, searching and

detaining minors under this law, the police

_ officers are violating the minors _- under

the U.S. Constitution.

"We are asking the court to declare the

law unconstitutional, and to issue an injunc-

tion preventing the police from arresting

minors under the curfew law and from creat-

ing police records of such arrests. We are

also asking that the records of those arrested

under this law be expunged," Schlosser

added.

=

aclunews _

2 may/june 1988

National ACLU Projects Income |

Decline

Local Fundraising is Key

by Martha Kegel

ACLU-NC Associate Director

he Northern California ACLU Foun-

i dation's fund-raising campaigns will

be of critical importance in 1988

because the National office is Diaigene a

decline in contributions.

The boards of the ACLU-NC and its

Foundation have approved budgets that

impose across-the-board cuts in expendi-

tures and a staff hiring and salary freeze

_ while committing the organization to raising

$505,000 in tax-deductible contributions in

1988. :

"These measures are essential to avoiding

devastating staff or program cuts at a time -

when the defense of civil rights and individ-

ual liberty requires all of the resources we

can muster," said Nancy Pemberton, chair-

person of the ACLU-NC Board of

Directors. :

ACLU fund-raising is suffering from the

uncertainty in the national economy and

from the public perception that civil liberties

do not require staunch support in the wan-

ing months of Ue Ree administration.

"Nothing could be further from the truth," |

said ACLU-NC_ Executive Director

Dorothy M. Ehrlich. "No matter who is

elected the next President, Ronald Reagan's

legacy is that civil liberties will be dramati-

cally more difficult to defend for the rest of

our lives."

Reagan has appointed about 340 federal

judges, nearly half of all those on the federal

bench. Most were selected because of their

commitment to Reagan's domestic pels,

All have life-time appointments.

The ACLU-NC must cope not only with

Reagan's legacy but also with Governor

. Deukemejian's successful efforts to reconsti-

tute the California courts.

In 1987, the ACLU-NC added a fourth

staff attorney, Matthew Coles. The expan-

sion of the legal program was necessary to

prevent erosion of past civil liberties achieve-

ments in the new judicial climate and to

expand the ACLU's AIDS-related work.

`To support this expansion, last year's local

fund-raising campaigns raised $427,000 -

more money than ever before. The Major

Gifts eee led by financial consultant

ACLU-NC Board Charpeen Nancy

Pemberton and Development Chair

Davis Riemer express the ACLU's deep

gratitude to the Board members and

volunteers who raised money for the

ACLU in 1987. "Without their commit-

ment and dedication, the ACLU would

not be the stong bulwark for civil liberties

that it is," Riemer said.

Major Gifts

Volunteer Fund Raisers

(who completed at least

three assignments)

David Balabanian, Lorraine Bannai,

Marsha Berzon, James Blume, Max Bol-

lock, Barbara Brenner, Mary Lou Bres-

lin, Gordon Brownell,

Richard Criley, Marlene De Lancie,

Steven Dinkelspiel, Milton Estes, Stan

ACLU-NC' S Cadre of

Fundraisers:

"Tamayo, Beverly Tucker, Julius Young

Paul Craig,

Friedman, Andrew Grimstad, Richard

Grosboll, Lee Halterman, Syl Heumann,

William Ingersoll, Anne Jennings, Len

Karpman, Marshall Krause, Michael

Laurence, Howard Lewis, Tom Lockard,

Jack Londen, Bill Luft, Gerald Marcus,

Steve Mayer, Nancy Pemberton, Tom

Reilly, Davis Riemer, John Rutherford,

Eileen Siedman, Emily Skolnick, Sally

Stewart, Fran and Anselm Strauss, Bill

Bill of Rights

Campaign Committee

Marlene De Lancie, Rose -Bonhag,

Kathy Cramer, Dick Grosboll, Audrey

Guerin, Michael Mitchell, Bob O'Neil,

Jeff Perkins, Andrew Rudiak, Tom

Sarbaugh

|

| New Address

: City

| State/Zip

| a :

Mail to: Membership Department, ACLU-NC, 1663 Mission Street,

|

| eule 460, San Francisco, CA 94103

and Boat Vice President Davis Riemer,

raised $342,000. The. grassroots Bill of

Rights Campaign, led by Board Member

Marlene De Lancie, raised more than

$85,000.

Riemer also will lead the organization's

Spring Major Gifts Campaign, which will (c)

kick off on May 12. The Fall Campaign will

be spearheaded by Board member Dr. Mil-

ton Estes. Marlene De Lancie will once

again chair the Bill of Rights PuIONE

- campaign.

A special lawyers' campaign will aim to

win increased support from the legal

community.

"This year presents the ACLU-NC with a

great challenge that simply has to be met in.

order to avoid cuts that would be frightening

Riemer said. "We must .

for civil liberties,"

prove to ourselves that the ACLU can obtain

greater support and a broader circle of

supporters."

Cost Cutting

The ACLU-NC's cost-cutting measures

include elimination of new public education

materials, reducing the annual conference to

one day, severe reductions in staff travel, a

reduction in paid law interns, and cuts in

overhead expenses.

The cuts in expenses and increase in local

fund-raising is essential to counteracting the

decline in the ACLU-NC's share of National

income. (Contributions are usually shared

the same regardless of whether they are

given to the National ACLU or the Northern

California ACLU. Foundation.) In addition,

past deficits - due to capital expenditures,

failure to receive an expected attorneys fee,

shortfalls in new member recruitment, and

other factors - have severely diminished

the ACLU's reserves.

Gay Rights Chapter

Membership

lf you are a member of the Gay

Rights Chapter, please check to see'

that the 3-letter code "CNG' is printed

above your name on the ACLU News

mailing label. If not, please notify

ACLU-NC Membership Department |

to double check that you are listed |

as a Gay Rights member. We want

to make sure that you receive all the |

Chapter notices and_ special

announcements.

If you are an ACLU member in

Northern California and would like to

join the Gay Rights Chapter, call or

write the ACLU Membership Depart-

ment at (415) 621-2493, 1663

Mission Street, San Francisco,

94103. Please mention your mem-

bership number located on the |

newsletter mailing label.

`Cana in

ACLU News

ecause of the budget crisis, we are

Bea cutting back production

of the ACLU News from eight issues to

six issues per year.

We realize that the ACLU News is an

important source of information for our

members and one of the main vehicles

that we have to communicate about key

policies and issues as well as to mobilize

our members to take action on civil liber-

ties questions. Despite the fewer number

of issues, we hope to continue to be an

| effective voice for civil liberties 1 in north-

ern California.

The reduction of the ACLU News is

only part of a series of cuts which have

`been made necessary by the budget

shortfall.

The cuts in production are primarily |

due to the cost of postage, which repres-

ents the largest single expenditure per

issue. Though we have tried to economize

by finding the least expensive typesetting,

printing and production providers, there

is nO way we can save on the postage.

Each issue is sent bulk rate to over 21,000

people; each issue costs $2,000 to mail.

Starting with this issue (May/June),

we will publish the ACLU News

bimonthly throughout the year. We have

altered the schedule with an attempt to

accommodate bringing you important

news and announcements in a timely

fashion throughout the year. We appre-

ciate your readership and your patience,

and would like to hear your opinions

about the ACLU News.-- The Editor

NOTE: The next issue of the ACLU

News, June-July 1988, will be the "Elec-

tion Issue," and will include nominations

to the ACLU-NC Board of Directors.

Members are reminded that the Nomi-

nating Committee is now seeking sug-

gestions from the membership to fill at-

large positions on the Board.

Filing Cabinets

~The ACLU-NC is in great need of

filing cabinets to keep our papers in

order. If you have some to offer, we can

pick them up from you if they are in San.

Francisco or nearby environs. We

especially need:

4-drawer, legal size (4)

2-drawer, legal size (1)

Please contact Mila deGuzman at

the ACLU- -NC office, (415) 621-2493.

Elaine Elinson, Editor |

A

aclu news

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

August-September and November- December

Published by the American Civil Liberties Union of Northern California

Nancy Pemberton, Chairperson - Dorothy Ehrlich, Executive Director ais

Marcia Gallo, Lo

`Chapter Page

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

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

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

1; a ruling which dissenting justices said

"leaves Native Americans with absolutely

no constitutional protection from perhaps

the gravest threat to their religious practi-

ces," the U.S. Supreme Court ruled on April

19 that religious rights do not outweigh the

right of the government to construct a road

through sacred Indian ceremonial lands

- near the Klamath River.

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The proposed government road will pass:

right through sacred "High Country" of the:

Yurok, Karok and Talowa tribes.

_ The ACLU-NC had joined the national

ACLU and several other ACLU affiliates as

friends of the court in representing the

Yurok, Karok and Talowa tribes in their

lawsuit to protect the sacred ground, known

as the "High Country," in Humboldt County.

from being degraded by the proposed federal

government timber road. -

`After a trial 1983, U.S. District Court

Judge Stanley A. Weigel issued an injunc-

tion against the construction of the govern-

Legal Briefs

High Court Rules Road Can ACLU Fights Colors Ban

Cut through Indian Land |

`ment road. He ruled that the government

proposal violated the tribes' First Amend-

ment rights because it would seriously

impair the use of the High Country for

religious practices.

That ruling was considered historic as it -

was the first of its kind protecting public

land from development in order to protect

an area which the Indians regarded as

sacred.

The ruling "leaves Native.

Americans with absolutely no

constitutional protection from

perhaps the gravest threat to

their religious practices."

The government appealed the decision.

The ACLU argued that the Indians' right

to free exercise of religion would be violated

by the proposed road because an indispensa-

ble element of their religious practice would

be taken from them by the government for

no compelling reason.

Writing for the U.S. Supreme Court 5-3

majority, Justice Sandra Day O'Connor

stated, "Even if we assume [the develop-

ment] will virtually destroy the Indians' abil-

ity to practice their religion, the Constitution

simply does not provide a principle that

could justify upholding [their] legal claims.

"However much we might wish that it

were otherwise, government simply could

not operate if it were required to satisy every

citizen's religious needs and desires," " O'Con-

nor wrote.

~~ Voting with O'Connor were Chief Justice

William Rehnquist and Justices Byron

White, John Paul Stevens and Antonin Sca-

lia. Justices William Brennan, Thurgood

Marshall. and Harry Blackmun dissented.

Newly appointed Justice. Anthony oe

did not take part.

Prisoner's Free

Affirmed

A black prisoner at Folsom who was

given ten days solitary confinement for writ-

ing an angry letter to Ruth Rushen, the

former Director of the Department of Cor-

rections, stating that Rushen, who is black,

was a disgrace to her race was vindicated in

January when the U.S. District Court deter-

- mined that the inmate should not have been

punished for exercising his First Amend-

ment rights.

The ACLU-NC represented the prisoner

who was sentenced to solitary confinement,

denied participation in the work program

and restricted from most other prison activ-

- ities as a result of the letter he wrote.

In June 1987, the Court ruled that the

inmate's right to free speech was improperly

restricted, granted him monetary relief and

Speech Rights

ordered the expungement from his record of

all files relating to the letter and the discipli-

nary action. However, because of two recent

U.S. Supreme Court decisions, Turner v.

Safley and Smith V. Wade, the Court

decided to reconsider its ruling.

On January 14, the Court amended its

decision. Ruling that there was no evidence

that the prisoner's statements would lead to

violence, the Court affirmed its earlier order

on behalf of the prisoner.

The Court ordered the Department of

Corrections to pay the prisoner compensa- "

tory damages of $10 per day spent in isola-

tion in the total amount of $100; to expunge.

the prisoner's files of any references to the

letter and to insure that in any future

Department of Corrections proceedings, the

incident will not be used against him.

The Court also awarded the prisoner the

costs of the legal action taken on his behalf.

TW Bs Y

474-8700

SUTTER AND VAN NESS

Presented in DOLBY/THX SOUND

TONIGHT at 7:00 and 9:45 PM

Reduced validated parking at

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aclu news

may/june 1988 3

-In the heart of our cities

people die for

wearing the wrong colors

COLORS

1

Vn 1 ed ae eOndOlalasiatel ek)

1988 Onion Pictures Diploma Nits (elaine t r10%2.0)

rae

yen" "-1065

| 280 METMO CENTER - COLMA

Presented in @QLP O

DAILY at 12:00, 2:: nas gal

and 10:30 PM - Bargain ist 2 films

Mon. thru Fri. except Holidays.

TP Care

- Also Playing at Selected Theatres Throughout Northern California -

An ad in newspapers of April 20 followed the lifting of the ban on the fiGwite: of the film (c)

Colors in the city of Colma.

harging that the police prohibition on

the showing of the film Colors in a

Colma movie theater is an act of censorship,

the ACLU-NC called upon Colma Police

Chief Art Dolloso to lift the ban. Hours

later, the film was showing at the UA

Theater in Colma.

In an April 18 letter, which was hand

delivered to the Colma Police Department,

ACLU-NC staff attorney Alan Schlosser

said that the police ban is "indistinguishable

from prohibiting a march by an unpopular

political group or removing a controversial

book from the library shelves." This act of

censorship, Schlosser wrote, "is forbidden by .

the constitutional guarantee of freedom of

speech."

The letter asked the Police Chief to make

a public statement to "lift the cloud that your

actions [of banning the film] have cast over

free speech in Colma."

The Police Chief had been quoted in the

press as explaining the order to cancel the

showing of the film at the Colma theater on

the basis of "potential for trouble" caused by .

the crowd of young people attending the film

on its opening night, Friday, April 15, a few

nasty verbal exchanges outside the theater

and the resulting traffic jam.

"None of these factors come close to meet-

ing the threshold burden that the First

Amendment imposes on public officials

before they can censor constitutionally pro-

tected expression," Schlosser explained.

Los Angeles example

Cohios cr also told Chief Dolloso that he

had "the dubious distinction of being the

only public official in California to cancel a

showing of this controversial movie."

Attorney Joan Howarth of the ACLU of

Southern California noted that in Los

Angeles, a city where the problems of gang

violence are certainly more severe than in

Colma, Police Chief Daryl Gates had explic-

itly rejected the option of banning showings .

of Colors as an appropriate police response.

After the weekend ban, when staff of the

UA Theater in Colma were referring patrons

to a theater in San Francisco if they wanted

to see the film, Colors began showing at 2:30

at the Colma movie house on Monday, April

18.

| Order Form

| Please send me ______ copies of Drug Testing at the Workplace. Individual

| copies are $2.00 each. Bulk orders are $10.00 for 10 copies (postage included.)

| | | |

[ Name

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| Please make ee and send to retain Orders, ACLU- NC, 1663 Mission -

aclu news -

4G may/june 1988

The U.S. Constitution in Califor

o recreate the battle for constitu-

Lie rights in California and in

commemoration of the bicentennial

of the U.S. Constitution, the ACLU-NC

Foundation and the National Archives, San

Francisco Branch have launched an ambi-

`tious project "Fulfilling the Promise: the

U.S. Constitution in California Life." -

The project has been made possible in

part by a grant from the California Council

for the Humanities, a state program of the

National Endowment for the Humanities.

The centerpiece of the project is a stand-

ing visual exhibit which traces the struggle

for constitutional rights in California from

the last century until today. ACLU Chapters

will host "roadshows" on key civil liberties

questions and a printed resource guide

accompanies the exhibit.

The team thats working on the project is

directed. by historian Marjorie Baer and

includes Waverly Lowell, Director of the

National Archives, San Francisco Branch;

ACLU-NC Public. Information Director

Elaine Elinson and Field Director Marcia

Gallo and graphic designer Eleanor Leish-

man. In addition, ACLU-NC | student

interns Lifang Chiang, Kathy Kaufman,

and Ken Marin worked on various aspects

of the project.

Project director Baer said, "I had been

working with ACLU records going back as

far as the 1920's housed at the California

Historical Society in connection with my

doctoral work, so I was familiar with that

period of civil liberties history. But it's been

really interesting for me to hear something

about what was going on before ACLU was

"~around. We have two cases dating from the

1800's - Yick Wo and Charlotte Brown -

both of which represent early victories in the

fight against discrimination."

Striking Documentation

The standing exhibit, which will be on

display at various sites around northern

California and at the ACLU-NC 1988 Bill of

Rights Day Celebration, presents `striking

documentation - photos, newspaper clip-

pings, government papers and drawings -

from the nineteenth century cases of Yick

Wo (who fought anti-Chinese discrimina-

_ tion) and Charlotte Brown (a black woman

who won a case challenging segregated bus

service in 1865) through early labor struggles

of the Wobblies and the farmworkers to the

Free Speech Movement and the battle for

women's rights. It also addresses current

cutting edge questions such as reproductive

rights and drug testing.

- Another key feature of the project are

"Bicentennial Roadshows" which are being

hosted by local ACLU-NC Chapters. Each

roadshow will include a forum on a key

constitutional battle -its history and its

present-day implications - with keynote

presentations by experts in the field.

_ The first roadshow, : focusing on racial

discrimination and constitutional rights,

was hosted by the Sacramento Valley and

Yolo County Chapters on April 21 at Sacra-

mento City College.

The symposium featured Equal Rights

Fulfilling the Promis"

California Historical Society

The visual exhibit of the pro-

ject "Fulfilling the Promise:

the U.S. Constitution in Cali-

fornia Life" traces civil liber-

ties history from the last

century up until today. Pho-

tos (clockwise from the top)

show early labor struggles of

the 1920's (here, Elizabeth

Gurley Flynn meets with

jailed labor leader Tom Moo-

ney), through Japanese Amer-.

_ Border Patrol at San Ysidro.

ican internment of the 1940's,

the 1950's McCarthy period,

and a current day round-up of

undocumented workers by the

Advocate attorney Shauna Marshall, who

litigated the fight against discrimination in

the San Francisco Fire Department, and a

panel of educators, students and community

representatives.

There also was a video presentation of

"What Price Equality?", narrated by Peter

Jennings as part of the PBS "We the People"

series, which takes a controversial and in-

depth look at the progress of affirmative

action in education and employment.

The Fresno Chapter will host its road-

show on May 17, and the Sonoma Chapter

in early June.

"One thing that has been particularly

gratifying is the positive response we have

Ken Light/To The Promised Land

been getting from people who hear about

our project. In both Sacramento and .

Fresno, the local cable TV channels are

talking about taping segments of the road-

shows to rebroadcast, and a number of

groups have talked to us about displaying

the exhibit after the roadshows are over,"

Baer said.

The standing exhibit will be on display at

aclu news

may/june 1988 5

ee

rnia Life

out

and .

are

oad-

r of

ying

9

ver,

ry at

4

each roadshow; the Earl Warren Chapter

will also display the exhibit at its booth at,

the Festival at the Lake in Oakland in June.

How-to Guide

The project is also producing a resource

guide, a catalogue of the standing exhibit;

which traces the history of constitutional

rights in the state. The publication includes a

comprehensive bibliography and a useful

_ guide on doing research on civil liberties

issues for students and educators.

Additional funding for the project was

provided by PCW Communications Inc.

and the International Data Group. The

findings, conclusions and opinions pres- -

ented in the forum do not necessarily repres-

ent the views of either the California Council

for the Humanities or the National Endow-

"ment for the Humanities.

_ California Historical Society

Racial Justice Act Could Alter Death -

t an April 21 press conference spon-

Ae by the Bay Area Coalition for

Civil Rights, 27 Bay Area civil

rights organizations urged members of Con-

gress from California to support federal leg-

islation introduced that day to ban race

discrimination in the death penalty. A simul-

taneous press conference in support of the

bill was held by Coretta Scott King in

Washington, D.C.

"Many of us take no position o on the death

penalty, but if youre going to have it, if can't

be used against minorities in situations

where it's not used against .whites," said

Marty Fleetwood, a civil rights lawyer and

member of the Coalition.

Fleetwood said the bill, titled the Racial

Justice Act, is needed to stop California from

executing people on the basis of race. The

bill is intended to correct a U.S. Sure

Court decision, McCleskey .v. Kemp, i

which the Court held on April 22, 1987 that

statistical patterns of discrimination cannot

be used to challenge racial bias in the death

penalty.

In the wake of the McClesky decision, the

California Supreme Court rescinded its

order for a study on whether California's

death penalty is racially discriminatory,

adopting the McCleskey standard as govern-

ing discrimination claims in California cap-

ital cases.

_ Michael Laurence of the Earl Warren

Legal Institute at Boalt Hall noted, "The

California Supreme Court was free to adopt

a different standard. It could have decided to

allow hearings on statistical evidence of race

discrimination. Since it did not, the Racial

Justice Act appears to provide the only

avenue by which meaningful challenges to |

racially biased death sentencing patterns can

be brought in California."

Crucial legislation

Michael Radelet, professor of sociology at

the University of Florida and a national

expert on the role of race in death sentenc-

ing, called the Racial Justice Act "crucial."

"Using different methodologies, different

data sets, and different states, researchers

from diverse backgrounds and universities -

have found alarming racial disparity in

death sentencing in a wide range of jurisdic-

tions," he said. "In fact, there have been no

major studies of death sentencing patterns

conducted in the last 15 years that have

failed to find a significant race effect."

Radelet noted that of records of 15,000

people sentenced to death in this country,

there were only 30 cases of whites who killed

blacks.

"Those who kill blacks are three to four

times less likely to receive the death penalty

than those who kill whites," he said.

The Racial Justice Act was introduced in.

Congress in April 21, by John Conyers of

Michigan. Representatives Nancy Pelosi of

San Francisco, Esteban Torres and Mervyn

Dymally, both of the Los Angeles area and

Albert Bustamonte of Texas also signed on |

to the bill.

Racial statistics

The bill would require all states to collect

racial statistics in murder cases and allow -

such statistics to be used in challenges to

race discrimination. If presented with evi-

dence of discrimination, a state would have

| Address

Penalty Rulings

There have been no major studies of death sentencing patterns

that have failed to find a significant race effect.

to show that non-racial factors, such as the _

circumstances of the crime or a previous

criminal background, were responsible for

the disparity.

Last year's McCleskey decision accepted

the validity of a massive University of lowa

study showing that the race of victim and

defendant is a major factor in death sentenc-

ing. "Apparent disparities in sentencing are

an inevitable part: of our criminal justice

system," the majority opinion said. While

statistical evidence is sufficent to prove dis-

crimination in most areas of the law, a death-

sentenced defendant must prove that a pro-

secutor, jury or judge acted with racial bias.

Fleetwood | said.

in a particular case, the court ruled.

"Racial discrimination cannot be toler-

ated, especially in a life-and-death matter,"

"It is ironic - that the

Supreme Court is willing to strike down race

discrimination when your job is at stake but

not when your life is at stake."

In California, 206 people are on Death

Row. Of that number, 56 percent are

members of racial minority groups, includ-

ing 78 blacks, 27 Latinos, six Native Amer-

icans and four of Asian descent. Statistical

information on the race of victims is cur-

rently unavailable.

C @ I plan to celebrate the bicentennial of the Constitution

asa living document, including the Bill of Rights and

the other amendments protecting individual

freedoms and human rights.

| US. Supreme Court Justice Thurgood Marshall

Join the ACLU of Northern California as we honor

_ the 200th Anniversary of the U.S. Constitution, 1787-1987.

WE NEED YOUR HELP TO .

DEFEND YOUR RIGHTS

| I WANT TO HELP THE ACLU

[_JEnclosed is my contribution of $ |

(JI want to join. Credit my contribution towards membership:

[J$30 Joint

LJ$20 Individual

Name.

|_]More

City.

1 Send coupon and check to ACLU-NC, 1663 Mission Street,

1 1460, San Francisco, CA 94103.

Slate Zip

Ae

aclu news

6 may/june 1988

Health Care Bills Would Aid Indigent -

Patients

by Marjorie Swartz

ACLU-NC Legislative Advocate

ccess to health care is one of the

most pressing economic issues in -

California. The ACLU Legislative

Office has historically taken an active role in

-monitoring health-related legislation, par-

ticularly as it affects pregnant women and

children. This year the ACLU, in concert

with other public interest organizations,

health care providers and labor unions, is

actively supporting legislation which would

improve and expand health access for those

who are indigent, pregnant and disabled.

This year we are supporting a package of

bills which would provide a universal pro-

_ gram of perinatal care for all pregnant

women, and well-child care for all children 5

years of age and under.

These bills are crucial as recent studies

have demonstrated the serious consequences

of lack of health care for pregnant women

and young children. For instance between: -

1984 and 1985 the percentage of babies born

at low birthweight increased from 5.9% to

6.0%. California's ranking in providing early

prenatal care to pregnant women, has fallen |

from 10th in 1970 to 32nd in 1985. The

problems are particularly acute in minority

communities. The infant death rate for

blacks in 1985 was 16.2 per 1,000 live births,

`compared to a statewide rate of 9.5, and a

rate of 9.1 for white infants.

The key bill of this package seeking to

ensure increased access to medical care is

AB 3595 (Margolin). Dubbed "Baby Cal,"

AB 3595 proposed to integrate and consoli-

_ date all existing programs into one unified

approach. Rates to providers will be

increased: the present MediCal rates are so

low that providers will not accept MediCal

patients. AB 3595 also would cover unin-

sured women and children on a sliding scale.

A second bill is AB 3747 (Margolin)

which provides a financing scheme to sup-

plement existing available funds. It imposes

a "pay or play tax" on employers. An

employer must either contribute to the fund

or provide coverage for perinatal and well-

_ child services to employees and dependents.

_ Other bills in the package include SB

2579 (Bergeson) and AB 4441 (Vasconcellos)

which consolidate existing programs and

increase the level of eligibility to include

women who live at 185% of the poverty level;

AB 3646 (Margolin) which provides finan-

cial incentives to providers for initiating

Liberation News Service

A package of bills dubbed "Baby Cal," now pending in the state Legislature, would improve

health services to indigent pregnant women and young children. .

early prenatal care; and AB 3801 (Spear)

which also changes the eligibility level to

include women at 185% of poverty level.

Abortion funding

A related health care issue of significance

to women is MediCal abortion funding. In

February, the Court of Appeal held that the

restrictions enacted in the 1987 Budget were .

unconstitutional. For 1988, the Governor

has again proposed a budget which restricts

payments for abortion to cases of rape,

incest, serious deformity and life endanger-

ment to the mother. The Legislature recently

began budget hearings. The ACLU is again

Wiretap Bill Passes Assembly

__ After two decades of pushing a wiretap-

ping bill in the state Legislature, law enforce-

ment officials succeeded in getting a bill

passed by the state Assembly on April 14.

The bill, authored by- Senator Robert

Presley (D-Riverside), would allow police

with a court order to tap the telephone lines

of suspected drug dealers.

ACLU-NC Legislative Director Marjorie

Swartz said that the passage of the bill was a

disaster for privacy rights. "This legislation

is extremely dangerous," she said. "It will

allow police to listen to the conversations of

innocent people who call the people whose

phones are being tapped," she said.

- Swartz noted that previous wiretapping

bills have been unable to get past the Assem-

bly Criminal Justice Committee. This year,

however, a coalition of Republicans and

dissident Democrats joined together to force

floor votes on a number of bills which

impact civil liberties.

The bill was sent to the Senate by a 48- 18

vote for action on amendments added in the

Assembly. As it had already been approved

in the Senate, it could go to the Governor's

desk at any moment, Swartz warned.

The ACLU is calling on all members to

contact your state Senator urging a vote

against the bill. Write to: Senator, State

Capitol, Sacramento CA 95814.

actively lobbying to delete this restrictive .

language from the budget.

Immigrant Health Care

A third health issue of concern to the

ACLU arises from the federal Immigration

Reform and Control Act (IRCA). Currently

California provides the full scope of Medi-

Cal benefits to otherwise eligible aliens as

long as they are not under order of deporta-

tion. IRCA and the Omnibus Budget

Reconsideration Act of 1986 (OBRA) pro-

vide financial assistance for health services

for some amnesty aliens and for pneteeey

care for all aliens.

The state Department of Health Services

is now attempting to disqualify from Medi-

Cal those aliens who will not be eligible for

federal reimbursement. These include 18 to

64 year olds who are primarily mothers of

dependent children, and all undocumented

aliens who are dependent children, aged,

blind, or disabled unless permanently resid-

ing in the United States under order of law

(PROCOL).

The administration's response to these

concerns is SB 175 (Maddy). SB 175 pro-

poses to transfer responsibilities to the coun-

ties to provide medical services for aliens.

However, the counties are only under a

vague obligation to provide medical care to .

these persons under their budgets for indi-

gent adults. Certain counties refuse to give

`any treatment to this population. The

administration's proposal could result in a

denial of life-saving or extended care (such

~ Area

as dialysis) to who are

undocumented.

persons

The ACLU and other eer ehts

advocates are strongly opposed to the

administration's measure as it is clear that

this transfer of responsibility from the state

to the counties will result in a denial of

health care except in emergency situations.

As an alternative to SB 175, we are support-

ing AB 2772 (Margolin) which provides a

positive approach and will ensure continued

MediCal coverage for those presently on

MediCal, even though they are not eligible

for amnesty.

Hotise Votes to

Extend

Amnesty

the U.S. House of Representatives

voted on April 20 to extend the amnesty

application period for undocumented per-

sons from May 4 to November 30, 1988.

The Coalition for Immigrant and Refugee

Rights and Services, a coalition of 60 Bay

organizations including the

ACLU-NC, called the House vote a "major

victory."

"Now the ball is in the Senate's court," said

Coalition spokesperson John Prieskel. "The

Senate must act before May 4 to make

extension a reality."

Prieskel cautioned that the House vote

does not mean that time to file for amnesty -

has been extended. The deadline is still May

4, 1988. "If the Senate does not pass the bill

and the President does not sign it into law

before May 4, this once-in-a-lifetime oppor-

tunity for thousands of undocumented per-

I: a major victory for immigrant rights,

_ sons in the United States will be gone," he

said.

The: Coalition is calling for immediate

action to influence the Senate to bring the

bill to a vote on the floor before time runs

out. "Every person concerned with basic

human rights is urged to contact Senators

Wilson and Cranston to urge their imme-

diate support in the Senate," Prieskel said.

Extension is absolutely necessary to ena-

ble an effective public education and out--

reach program to reach the tens of

thousands of undocumented persons in the

Bay Area who have been made eligible for

amnesty by recent court decisions but who -

are unaware of their eligibility.

Moreover, due to contradictory and mis-

leading information provided by the Immi-

gration and Naturalization Service (INS),

changes in the regulations throughout the

application period, and the uncertainties

surrounding the fate of ineligible family

members, confusion has been rampant.

An April 1 report by the Northern Cali-

fornia Grantmakers (NCG) estimates that

only 41% of the eligible persons in the Bay.

Area have filed for amnesty to date. -

NCG's task force concluded that an exten-

sion, plus an effective outreach campaign, -

will dramatically increase applications. The

NCG stated that Congress intended that

amnesty be generous and broad. It will be

. impossible to comply with congressional

intent without an extension, the report

concluded. ce

Copies of the report are available by |

writing the NCG, 116 New Montgomery

Street, #742, San Francisco or by calling

(415) 777-5761.

`aclu news

-may/june 1988 7

English-Only Law Looms on National -

Horizon

n the shadow of a proposed amendment

[: the U.S. Constitution which would

ma. specify English as the sole official lan-

guage of the United States, 250 people from

all over the country attended the Conference

on Language Rights and Public Policy at

Stanford University on April 16 and 17.

"This was the first conference of its kind,"

said ACLU-NC staff attorney Ed Chen, one

of the organizers of the national gathering.

__ "The participants were not only geographi-

cally diverse - coming from Florida,

Washington, D.C., New York, Texas,

Oregon and Arizona as well as California -

_ but drew from many different disciplines as

well."

now have official ae legislation.

English-only initiatives are likely to be on

the November ballots in Arizona, Colorado,

Washington, and Florida.

Spanish-Speaking School Children

Former California Supreme Court Jus-

tice Cruz Reynoso gave a keynote address

targeting social justice and the English-only

movement. His moving presentation

included his own experiences as a Spanish-

speaking child in California, and his memo-

ries of being punished for speaking Spanish

on the school playground.

Linguist Geneva Smitherman-

Donaldson, Director.of Research for the

Center for Black Studies at Michigan's

LANGUAGE

POLICE!

oa

dL cS

|. eee

ie oe Se oo

FITZSIMONS Chesnn cally ae

-YOU.GOT `TILTHE COUNT

OF THREE TO THROW OUT

YOUR CULTURE!

(CUIDADO!

iLos GRINGOS ESTAN

LOCOS!eNO?

In attendance were linguists, sociologists,

civil rights lawyers, educators, community

activists and public officials, including Cali-

fornia State Senator Art Torres, and Repre-

sentative Armando Ruiz, from the Arizona

Legislature.

Several keynote addresses posed difficult

questions for the assemblage. Senator Torres

spoke about the impact of Proposition 63,

the English-Only initiative which was

passed by California voters in 1987. Since

the passage of Proposition 63, Torres

explained, English-only advocates were

emboldened to attempt to get similar mea-

sures adopted in. some 35 other states. Eleven

Wayne State University, spoke of the rela-

tionship between the issues of Black English

and the English-only movement.

Others speakers included Professor Carol

Padden, of U.C. San Diego, who spoke

about struggles of the deaf; Leigh Jenkins of

the Arizona Hopi reservation who talked

about cultural preservation; and attorney

Juan Cartagena of the Puerto Rican Legal

Defense and Education Fund.

After two days of panels which addressed

topics ranging from a historical perspective

on English-only movements to language

policy in other countries, the conference

concluded with a workshop on organizing a

2

A new ACLU handbook, The Rights

_ of Students (third edition) has just been

~ published by Southern Illinois Univer-

_Sity Press.

The handbook, which is part of the

ACLU series dealing with constitutional

rights, examines the rights of students in

public and private schools from kinder-

garten to college. |

As evidenced by the recent U.S.

Supreme Court Hazelwood decision

allowing for censorship of high school

_ newspapers, the laws affecting stu-

dents are complex, controversial and in

a constant state of flux. On the one

hand, the Supreme Court has stated

repeatedly that students do no shed

their constitutional rights at the school-

house door. On the other, the Court has

New Publication

The Rights of Students

-Students lives and what responsibilities

repeatedly emphasized that public

education depends on the discretion

and judgment of local school adminis-

trators and that courts should not set

aside their decisions lightly.

Authors Janet Price, Alan Levine and

Eve Cary seek to define how much

power school officials have to regulate

they have to provide students with

appropriate services and protections.

They also make it clear that it can be

costly to challenge practices that vio-

late students' rights.

The Rights of Students is availa-

ble for $6.95 from the Literature

Department, ACLU National Office,

132 W. 43 St., New York, New York

10036

national response to the official language

movement.

National Organization

"There was a definite consensus to form a

national organization to respond to the

English-only movement," said Chen. "The

impetus for doing so is very strong, and it is -

_ twofold.

"For one thing, English-only laws will .

be on the November ballot as voter initia-

tives in at least three, and possibly more,

states.

"Secondly, the Subcommittee on Civil

and Constitutional' Rights, chaired by

Representative Don Edwards, will hold

hearings in mid-May on an amendment to

change the U.S. Constitution to make Eng-

lish the official language and to bar bilingual

services at both state and federal level. -

English Language Amendment

There currently are two versions of the

English Language Amendment ("ELA")

continued on p. 8

Warren Saltzman

Former ACLU-NC Chair _

The former chair of the ACLU-NC

Board of Directors, attorney Warren

Saltzman, died in March. Saltzman, an

-attorney with the San Francisco law firm.

of Saltzman and Johnson, presided over the

ACLU-NC Board from 1977-78.

Prior to assuming the chair, Saltzman

served as Secretary-Treasurer of the affil-

iate Board.

Saltzman was also a prime mover in

establishing the San Francisco Chapter

of the ACLU. As fellow Board member

Fran Strauss remembers, "When I first

met Warren, he was determined to create

a San Francisco Chapter of the ACLU.

He brought together a number of key ~

individuals and put his best organizing

skills forward - determined that we

would become a viable entity in San

Francisco and that we would have stand-

ing in the city."

More than a decade later, the activism

of the San Francisco Chapter is a living

legacy of Saltzman's commitment and

organizing skill. The chapter hosts

numerous educational forums and has

played a key role in monitoring and chal-

lenging abusive police practices in San

Francisco.

Saltzman brought to the ACLU-NC a

wealth of experience in civil liberties bat-

. tles. In the 1960's he worked in the Civil

Rights Movement in the South. When he

first became involved with the ACLU, he

was Chair of the California State Com-

mission on Equal Opportunity in Educa-

tion, an organization dedicated to

promoting integration in the pai

schools.

He also generously shared His exper-

tise in financial matters with the ACLU-

NC. As secretary-treasurer of the Board,

he skillfully administered bequests and

donations to the organization; he and his

firm also helped organize the pension

plan and benefits for the ACLU-NC staff.

When Saltzman was elected to chair

the ACLU in September 1977, he said,

"We cannot be certain what issues today

will become the most significant from a

historical perspective, but it's better that

we participate in a case than to miss one

_ that may prove to be essential in the

struggle for the Bill of Rights.

"Controversial matters in the past have

included the exclusion of persons of Jap-

anese ancestry from the West Coast, and

the exclusion of Communists from the

ACLU itself. Here in northern California,

thanks largely to the leadership of

ACLU-NC's former Executive Director

Ernie Besig, we went against the national

organization's position on these matters,

and today the national ACLU is proud

that we did," Saltzman said. _

The ACLU-NC took up the challenge,

and became a richer, more diverse organ-

ization because of Saltzman's leadership

and commitment.

Jack Novik-

ACLU National Sta iff Counsel

ack Novik, former National Staff

Counsel and acting Legal Director of

the national ACLU, died on April 13 of

lung cancer in New York. -

Novik, a 1972 graduate of New York

University Law School, worked for ten

years at the national ACLU first as staff

counsel for the Privacy Project and then

as Assistant Director in charge of assist-

"ing affiliates' legal programs. He led the

ACLU''s successful challenges in the U.S.

Supreme Court to Louisiana's creation-

ism law, which was an attempt to teach

biblical creation in the public schools,

and to New-Jersey's moment of silence

statute.

ACLU-NC Associate Director Mar-

tha Kegel, who worked closely with

Novik when she headed the Louisiana

affiliate, said, "Jack was a superb lawyer -

who made major contributions to the

expansion of privacy rights and the First

Amendment. But he was more than a

lawyer. He was a wonderful person who

was always there when you needed him,

with practical advice and moral support

and a teasing grin.

"Jack has had a tremendous influence

not only on the law but on the lives of

everyone he worked with," Kegel said.

Novik served as acting Legal Director

of the national ACLU after the departure

of Legal Director Burt Neuborne. He

served in that capacity for over a year as

the organization searched for a perman-

ent replacement.

In 1986, Novik left the ACLU to

become executive director of the New

York City Criminal Justice Agency, a

nonprofit research organization.

aclu news

8 may/june 1988

_ Chapter Meetings

B-A-R-K (Berkeley area) CHAPTER

MEETING: (Usually fourth Thursday) Thurs-

day, May 26 and June 23. Volunteers needed to

staff hotline. Contact Julie Houck, 415/

848-4752.

EARL WARREN = (Oakland/ Alameda

County) CHAPTER MEETING: (Usually

third Wednesday) Wednesday, May 18 and

June 15, 7:30 p.m. Contact Paul Bernstein,

415 [658-0502 (eve), or Lauren Leimbach, 415/

655-7339 (eve). LOOK FOR the Chapter

booth at the 1988 Festival at the Lake June 3,

_ 4,5 at Lake Merritt in Oakland, featuring the

Bicentennial Project photo exhibit "Fulfilling

the Promise." For more information or to

volunteer, contact Beth Weinberger, 415/

839-2743. OQAKLAND-AREA ATTOR-

NEYS: If youve willing to donate a few hours

each month, the Earl Warren Chapter could

use your help in reviewing local requests for

ACLU assistance. Please contact Mimi

McCorkle, 415/658-9498.

FRESNO CHAPTER MEETING: (Usually

third Tuesday) Tuesday, May 17 and June 21,

5:30 p.m., Planned Parenthood office. Con-

tact Mindy Rose, 209/486-7735 (eve). BICEN-

TENNIAL ROAD SHOW and PHOTO

EXHIBIT: "Fulfilling the Promise: The

Rights of Citizens/Non-citizens" will be pres-

ented by the Fresno Chapter, ACLU-NC; the

Fresno Bar Association; and the Constitu-

tional Project of the Fresno County Public

Library on Tuesday, May 17, from 9:30 to 11:00

a.m. at Fresno City College. Featured speakers

include Bill Tamayo , staff attorney, Asian Law

Caucus and Chairperson of the National Net-

work for Immigrant and Refugee Rights; and

Howard Watkins, past president of the Fresno

ACLU and the Fresno Bar Association; mod-

erator is Ruth Gadebusch of the Fresno Board

of Education. Free admission; open to the

public. For more information, contact Erik

Miller, 209/488-3856.

GAY RIGHTS CHAPTER MEETING:

(NOTE DATE CHANGE: first Wednesday of

the month). Wednesday, May 4 and June 1,

7:00 p.m., ACLU-NC office, 1663 Mission St.,

San Francisco. Contact Doug Warner, 415/

276-3900. VOLUNTEERS NEEDED to staff

Chapter booth at 1988 Lesbian/Gay Freedom

Day Parade, Sunday, June 26 in San Fran-

cisco. Contact Doug Warner, number above.

Chapter Contingent being organized for Sat-

Chapter Calendar

urday, May 7 "March on Sacramento." Con-

tact Jeff Perkins, 415 / 431-9026.

MARIN CHAPTER MEETING: (Usually

third Monday) Monday, May 16, 7:30 p.m.,

Citicorp Bank, 130 Throckmorton Avenue,

Mill Valley. Contact Eileen Siedman, 415/

383-0848. ANNUAL MEETING/Potluck |

Brunch, Sunday, June 5, 12:00 noon at Mill

Valley Recreation Center. For more informa-

tion, contact Eileen Siedman, number above.

MID-PENINSULA (Palo Alto area) CHAP-

TER MEETING: (Usually fourth Wednes-

day) Wednesday, May 25 and June 22, 8:00.

p.m., All Saints Episcopal Church, 555 Wav-

erly, Room 15, Palo Alto. Contact Harry Anis-

gard, 415/856-9186.

MONTEREY CHAPTER MEETING: Usu-

ally fourth Tuesday ) Tuesday, May. 24 and

June 28, 7:30 p.m., Monterey Library, Pacific

and Jefferson Streets, Monterey. Contact -

Richard Criley, 408/624-7562.

MT. DIABLO (Contra Costa County)

CHAPTER MEETING: (Usually fourth

Tuesday or Wednesday) Tuesday, May 24;

Wednesday, June 22; 7:30 p.m. Contact Lowell

Richards, 415/939-ACLU.

NORTH PENINSULA (San Mateo area)

- CHAPTER MEETING: (Usually second

Monday) Monday, May 9 and June 13. Con-

tact Bob Delzell, 415/343-7339. ANNUAL

MEETING/BRUNCH Sunday, May 15;

honoring long-time activist Kay McCann with

the Meta Kauffman-Roy Archibald Award.

Guest Speaker Frank Wilkinson of the

National Committee Against Repressive Leg-

islation, on "Civil Liberties for the Americas."

Villa Hotel, 4000 S. El Camino Real, San

Mateo, 1:00 p.m. For more information, con-

tact Bob Delzell, number above.

SACRAMENTO VALLEY CHAPTER

MEETING: (Usually second Wednesday, but

first Wednesday in June) Wednesday, May 11

- and June 1; 7:30 p.m., County Administration

Building, 7th/I Streets, Sacramento. Contact

Eric Andrus, 916/441-2552.

SAN FRANCISCO CHAPTER MEET-

ING: (Usually fourth Tuesday) Tuesday, May

24 and June 28, 6:00 p.m. ACLU office, 1663

Mission Street, San Francisco. Contact Mar-

ion Standish, 415/863-3520.

SANTA CLARA CHAPTER MEETING:

SAVE THE DATE!

1988 ACLU-NC

Annual Conference

Saturday, September 10

Fort Mason Center, San Francisco

9AM -5PM (c)

Dinner and Entertainment 7-9 PM

Exciting speakers ... panels ... beautiful location ... wheelchair

accessible site ... childcare provided ... affordable fees

For more information,

contact ACLU-NC Field Representative Marcia Gallo at 415/621-2493.

Watch for more Annual Conference information in the next issue of the ACLU News.

(First Tuesday of the month) Tuesday, May 3.

and June 7. Contact Christine Beraldo, 408/

554-9478. -

SANTA CRUZ CHAPTER MEETING:

ANNUAL MEETING/FORUM: Thursday,

May 19, Trinity Presbyterian Church-Social

Hall, corner of Poplar and. Melrose, Santa

Cruz; 6:30-9:00 p.m. "Censorship and Other

Civil Liberties Issues in Our Local Schools" is

the topic; panelists include Nancy Matlock,

teacher, San Lorenzo Valley High School; and

Gary Bloom, principal, Minty White School.

A small donation will be requested. For more ~

information, contact Kathleen Tranchina,

408 / 438-6094. SANTA CRUZ MEMBERS!!

WE NEED YOU to volunteer to serve on the

chapter board, help with our local Hotline,

and keep the chapter visible and active in our

communities. Please contact Mary Thuerw-

achter, 408/458-1086 if you are willing to help

out.

SONOMA CHAPTER MEETING: (Usually

third Thursday-Thursday, May 19 and June

16. Contact June Swan, 707/546-7711.

BICENTENNIAL ROAD SHOW AND

' PHOTO EXHIBIT: "Fulfilling the Promise:

Defending Civil Liberties During Times of

Crisis" will be presented on Monday, June 6.

Morning program will be repeated in early

evening reception to honor chapter founders

and history; film showing; panel on current

civil liberties issues. Santa Rosa Junior Col-

lege, Newman Auditorium. Free admission;

open to the public. For more information,

contact June Swan, number above.

STOCKTON CHAPTER MEETING: (Usu-

ally third Wednesday) Wednesday, May 18 and

June 15. Contact Beverly Ford, 209/948-6759.

YOLO COUNTY CHAPTER MEETING:

(Usually third Wednesday) Wednesday, May

18 and June 15. ANNUAL MEETING will be

held on Wednesday, May 18, 5:30-8:30 pm.

Guest. speaker; all members and _ friends

encouraged to attend. Contact Casey

McKeever, 916/442-0753.

Field Committee

Meetings

PRO-CHOICE TASK FORCE: SPECIAL

MEMBERSHIP MEETING: "REPRO-

DUCTIVE RIGHTS AND THE 1988 ELEC-

TIONS," featuring Sue Kennedy, Field

Director, California Abortion Rights Action

League-North. Wednesday, May 4, 6:00-7:45

p.m. Will also include an update on this year's

efforts to maintain MediCal funding for abor-

tion, and the Signature Ad Campaign. -

ACLU-NC office, 1663 Mission St., San Fran-

cisco. Contact Marcia Gallo, 415/621-2493.

RIGHT TO KNOW/RIGHT TO DISSENT

COMMITTEE: Tuesday, May 10, 6:00 p.m.,

ACLU-NC Office, address above. Contact

Marcia Gallo, number above.

IMMIGRATION WORKING GROUP:

Ongoing organizing with the Coalition for

Immigrant and Refugee Rights and Service to

extend legalization deadline under the new

immigration law and to hold May S hearings

on the impact of IRCA in San Francisco. For

more information, or to get involved, contact

Marcia Gallo, number above.

English-Only -

continued from p. 7

-YOU.GOT TILTHE COUNT

pending in Congress. One, (SJ Res. 13

[Symms (R-ID)]; HJ Res. 33 [Miller (R-

OH)]; HJ Res. 38 [Shumway (R-CA)])

open-endedly declares English to be the offi-

cial language of the United States and gives .

Congress the power to enforce the provision.

A more specific measure (HJ Res. 13.

[Brownfield (R-MI)]; HJ. Res. 60 [Smith

(R-NE)]) states:

SECTION 1. The English Language shall

_ be the official language of the United States.

SECTION 2. Neither the United States nor

any State shall require, by law, ordinance,

regulation, order, decree, program, or policy,

the use in the United States of any language

other than English,

SECTION 3. This article shall not prohibit

any law, ordinance, regulation, order,

decree, program, or policy requiring educa-

tional instruction in a language other than -

English for the purpose of making students

who use a language other than English prof-

icient in English.

SECTION 4. The Congress and the States -

may enforce this article by appropriate

legislation. .

The proposed constitutional amendment

- is contrary to our constitutional tradition;

with the exception of the Prohibition, the -

U.S. Constitution has always been a charter

of liberties, protecting and expanding indi-

vidual rights. The ELA, if passed, would

restrict and diminish those rights. Such an

amendment would undo the federal Voting (c)

Rights Act and severely limit bilingual edu-

cation and other services.

"The passage of such an amendment

would have a disastrous impact on the rights

of non-English speaking citizens," Chen

said, "especially in the areas of education,

health and emergency services - and would

undermine their ability to participate in the

democratic process in this country." _

Proponents justify English-only legisla-

tion with the argument that taking away

bilingual services will provide an incentive

for immigrants to learn English. Yet no such

incentive is needed. In Los Angeles County

alone, 40,000 adult immigrants are on a

waiting list to get into English classes, and

last year, a Los Angeles Superior Court

judge turned down a lawsuit which sought to

- force the County to expand such classes.

"The real effect of the ELA would be to

undo decades of civil liberties struggles with

a stroke of a pen," Chen added.

The ACLU-NC is calling on all members

to write to Representative Don Edwards

and other members of the Subcommittee

on Civil and Constitutional Rights to

express opposition to the numerous bills

which are all entitled "The English Lan-

guage Amendment." Write to all members

of the Subcommittee at: U.S. House of

Representatives, Washington, D.C. 20515

or phone: 202/224-3121.