vol. 57, no. 2

aclu news

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Volume LVII

march - april 1993

No. 2

ACLU Offers Congress a

Blueprint for Action

by Dorothy Ehrlich

ACLU-NC Executive Director

CLU activists are seeking support

A from new members of Congress for

a whole range of new policy initia-

tives designed to fix the damage done to

civil liberties during the past twelve years

of the Reagan/Bush administrations.

A series of specific proposals to change

current anti-civil liberties policies on the

federal level are outlined in a 175-page

ACLU report, Restoring Civil Liberties, A

Blueprint for Action for the Clinton

Administration. ACLU-NC leaders, armed

with the Blueprint, are meeting with new

members of Congress to both present the

ACLU's legislative agenda and to insure

that new members are acquainted with

their civil libertarian constituents. The

Blueprint includes such well-known pro-

posals as lifting the ban against lesbians

deny public funding to poor women seek-

ing abortions and to allow the imposition

of damaging parental consent laws. This

amended version of FOCA failed to reach

the floor of either house during the 102nd

Congress.

During the current session, FOCA has

been reintroduced with disabling amend-

ments. The ACLU, after long and careful

consideration of the complex issues

involved, has decided not to support the

Freedom of Choice Act as currently

drafted [H.R. 25 in the House sponsored

by Don Edwards (D - CA) and S. 25 in the

Senate sponsored by George Mitchell (D -

ME)].

While recognizing that compelling

arguments can be made to support the cur-

rent bill - for example, that it could

strengthen efforts to challenge Casey-style

- restrictions that are being imposed in a

number of states at this time, especially

The grave flaws in the current Freedom of

Choice Act permit states to pass laws denying

public es for abortions and laws

restricting minors' rights to abortion - these

exclusions fall disproportionately on women of

color and, in reality, deny poor and young

women the same reproductive rights granted to

others.

eS A TE A RT I DEE ETE SIN TE ITE EERIE

and gay men serving in the military to

measures that are not yet being publicly

debated, such as limiting restrictions

placed on individual liberty in the name of

"national security." Delegations meeting

with new members of Congress are also

seeking support for the Religious Freedom

Restoration Act, and are assessing the

views of new members on such core issues

as the death penalty, prayer in the school

and reproductive freedom.

FOCA

But even as we relish new opportuni-

ties for change, we are confronted with

serious challenges regarding the scope of

the remedies we are seeking, and precisely

what cure to pursue. In no area is this chal-

lenge more pressing than our work on

reproductive rights, and in particular, the

Freedom of Choice Act.

The Freedom of Choice Act (FOCA)

has been high on the list of legislative pri-

orities for the ACLU and our allies in the

reproductive rights movement. The origi-

nal Freedom of Choice Act, in its una-

mended form was a_ straightforward

codification of Roe v. Wade, forbidding a

state to restrict a woman's right to choose

an abortion, thus preventing states from

imposing a variety of restrictions, even

some that the Supreme Court has said are

permissible under the Constitution.

However, during the 1992 legislative

session, the Freedom of Choice Act

(FOCA) was greatly weakened by amend-

ments that would explicitly permit states to

those laws which impose biased counsel-

ing and waiting periods - the grave flaws

in the proposal make it untenable. FOCA

permits states to pass laws denying public

funding for abortions and laws restricting

minors' rights to abortion. These exclu-

sions fall disproportionately on women of

color and, in reality, deny poor and young

women the same reproductive rights

granted to others. It denies rights to pre-

cisely those women who are less powerful

and are under-represented when decisions

are being made and amendments are being

agreed upon.

ACLU pro-choice advocates believe

that the Freedom of Choice Act will define

for a considerable time the scope and

range of the fundamental right to choose

an abortion, since the Supreme Court has

largely abdicated its role as the primary

guardian of a federal constitutional right of

reproductive choice. Therefore, a compro-

mise would be shortsighted at this time,

especially when we have a pro-choice.

President in the White House.

In the meantime, on a federal level

ACLU will support legislation to correct

federal funding discrimination, and to

remove budget restrictions which have

prevented federal funds from paying for

abortions. In California, ACLU-NC litiga-

tion has secured uninterrupted public fund-

ing since 1978.

Pro-Choice President

The ACLU also applauded President

Continued on page 5

A New Legislature Looks at

Civil Rights, Police Abuse

the end of 1993. The ACLU has strongly

opposed this law which permits the state to

take a person's property without any con-

viction of criminal wrongdoing. Recent

media attention has highlighted the many

by Francisco Lobaco

"ACLU Legislative Advocate

he legislative class of 1993-94 is

; the first under the new reapportion-

ment lines drawn by the California

Supreme Court. There was expectation

that Republicans would score major gains

in the Assembly and the Senate. However

when the final vote was in, the

Republicans suffered a major defeat as

Democrats actually gained a seat in the

Assembly while the Senate remained the

same. We have twenty-seven new mem-

bers in the Assembly-fourteen Democrats

and thirteen Republicans. This is the larg-

est freshman class in 26 years.

Governor Wilson also fared badly in

November. Not only was his Welfare

Initiative (Proposition 165) soundly

defeated by the voters, but the Governor

faces dissension within his own party - a

majority of Assembly Republicans are

substantially more conservative than the

Governor. We can expect this new cadre

of conservative Republicans to introduce

reactionary, anti-civil liberties legislation.

However, many of these bills should be

defeated as both the Assembly and the

Senate remain strongly in Democratic con-

trol. (Not to imply, of course, that

Democrats do not also introduce and pass

anti-civil liberties measures.)

For the third straight year budget issues

will dominate the Legislature's attention.

The new session begins with the State fac-

ing another massive budget deficit - esti-

mated at over $7.5 billion. Governor

Wilson's budget again proposes similar

welfare cuts previously rejected by the vot-

ers in Proposition 165. We expect the

Legislature to adhere to the voters' wishes

and reject further cuts to the poor children

of this state.

Increase in prisons

While Governor Wilson demands cuts

in virtually every aspect of government

services, criminal justice related budgets

are slated for a 3.4% increase. Fueled by

the war on drugs, state support for our

prison system has increased 900% in the

past 14 years. The average annual cost to

house an inmate is now $21,400 - five

times what we spend annually on each K-

12 student. These increases come at the

expense of other state programs. For

example, 10 years ago the Department of

Corrections received 3.9% of the budget

while higher education received 14.4%.

This upcoming budget year Corrections

will receive at least 8.2% while higher

education will get 9.3%.

These astronomical increases are pri-

marily due to a prison population locked

up for drug related offenses. This lock-em-

up solution not only has produced no mea-

surable success in stemming drug abuse

but also is fiscally irresponsible. The

ACLU will continue to pressure the

Legislature to focus its efforts and limited

state resources on providing drug treat-

ment, counselling programs and other

alternatives to incarceration for persons

involved in drug-related offenses.

Forfeiture law

California's forfeiture law sunsets at

abuses of this "war on drugs' law.

Particularly troubling is the fact that law

enforcement agencies keep most of the

millions of dollars forfeited - leading to

what critics maintain is a "prosecution of

profit' view of criminal justice. The

Legislative Office will make reform of this

law one of its priorities this year.

Civil rights

We also intend to maintain our very

prominent role in civil rights issues. The

ACLU, in partnership with the statewide

civil rights coalition, will again sponsor

civil rights legislation. The legislation will

reform the Unruh Civil Rights Act in order

to insure that all types of arbitrary discrim-

ination, including arbitrary economic dis-

crimination, are prohibited. The bill will

also include an anti-preemption provision

authorizing local jurisdictions to enact

stronger civil rights laws than state law.

The ACLU will also remain active in

police abuse issues.

It has been almost two years since the

LAPD beating of Rodney King, yet with

the powerful police lobby opposing any

measure which hints of reform, it has been

virtually impossible to enact any effective

police reform legislation. One piece of leg-

islation we will actively support is an

anticipated measure to permit persons to

obtain results of citizen complaints filed

against police officers.

In the reproductive rights arena we can

expect to see legislation which imposes

Casey-type restrictions such as 24-hour

waiting periods and abusive informed con-

sent requirements. As always, the ACLU

will maintain its leadership role in

Sacramento in opposing any anti-choice

bills.

For detailed information on this year's

bills, see pp.4-5.

9 aclu news

mar - apr 1993

S. Supreme Court

U. gested his own epitaph: "He

did what he could with what he had." -

Justice

Thurgood Marshall once sug- __

What Justice Marshall had was an /

unwavering commitment to i

civil rights, steadfast oppo:

death penalty, and an elo

courage unmatched in th

legal tradition,

What Justice Marshall did - a

NAACP Legal Defense Fund law

as Solicitor General, and as a US.

Supreme Court Justice -- was to

immutably change the landscape of

civil rights in this country. In his later

( e and

1908-1993 coe

| tims may be minorities, women or the

ree

hough we mourn n his death, veces"

- are curbul

our own making...

Parecod Marshall was the ant

_ African American justice of the US.

Supreme Court. He was appointed by

years, he wrestled fiercely with those _

who wanted to turn back the clock on

racial justice.

In 1992, shortly after his retirement

President Lyndon Johnson |

_ After his death on January 24, his casket -

in 1967.

_ was placed in the Great Hall of the

Supreme Court. It was only the second -

a the Supreme Court, the ACLU- =

NC honored Justic

Earl Warren Civil L

came at a time when '

nessed a dwindling

natio 1's highes

ties Award. It

ainfully wit- -

rity on yn the _

farshall with the

Appeal Filed for

Doctor with AIDS

he ACLU-NC and the Employ-

' ment Law Center are appealing a

December 1992 U.S. District Court

ruling that denied damages to a doctor

whose work with the FBI was halted when

the agency discovered that he had AIDS.

The doctor died last year; the suit, Dr. Doe

v. FBI is continuing on behalf of his

estate.

The late Dr. James Cullen, known in

the suit as Dr. John Doe, sued the FBI in

1988 because the agency stopped sending

its employees to him for routine physical

examinations when he refused to disclose

his HIV status. He was represented by

ACLU-NC staff attorney Matthew Coles,

ELC attorney JoAnne Frankfurt and coop-

erating attorneys Kirke M. Hasson and

Christopher Byers of Pillsbury, Madison

Sutro.

Dr. Cullen and his lawyers argued that

AIDS is a disability covered under the

Federal Rehabilitation Act, and that the

FBI's acts constituted unlawful discrimi-

nation.

After a trial in 1989, District Court

Judge Charles Legge issued his first deci-

sion against the doctor, ruling that individ-

uals cannot sue federal agencies under the

Rehabilitation Act.

In August 1991, the Court of Appeals

reversed and held that Dr. Cullen could

sue the FBI for discrimination under the

Rehabilitation Act. The appellate court

sent the case back to Judge Legge for a

ruling on the merits of whether Dr. Cullen

presented any risk to those on whom he

performed exams. Two days before Dr.

Cullen died in January 1992, the Court of

Appeals refused the government's request

that it reconsider its decision.

During the original trial, all the medi-

cal experts agreed that routine physicals,

like almost all medical procedures, present

no risk of HIV transmission. Dr. George

Rutherford, who at the time of the trial

was the head of the Office of AIDS at the

San Francisco Department of Health, testi-

fied that the health risk was "vanishingly

small."

In his December 29 ruling, Judge

Legge found that Dr. Cullen posed no sig-

nificant risk. However, he ruled that since

Dr. Cullen would not disclose his condi-

tion (it is still unknown how the FBI found

out that Dr. Cullen had AIDS), the agency

could terminate his services since it could

not "decide what, if any, reasonable meas-

ures could protect the patients from the

- transmission of the disease."

ACLU-NC attorney Coles said that the

ruling would be appealed because the FBI

"..has no right to information about AIDS

unless the condition poses a significant

time a justice had lain in state at |

risk to the agents. "An employer may

not ask for information about a disability

unless it can use the information. It's that

simple.

"Health care workers have no obliga-

tion to turn over their medical files and

personal history in the absence of risk.

You don't have to trade in your right to

personal privacy to practice medicine,"

Coles added.

Dr. Cullen had performed routine phys-

ical exams for FBI employees since 1984.

In 1988 when the agency learned that he

had been diagnosed with Kaposi's

Sarcoma - an AIDS related illness - it

stopped sending employees to Dr. Cullen.

Both Dr. Cullen and the hospital at

Nevada

Death

Sentence

Reversed

he Nevada Supreme Court reversed |

a death sentence for Dale Flanagan

on February 10, after a successful

claim by ACLU-NC Death Penalty Project

attorney Michael Laurence that the sen-

tence had been obtained at the expense of

Flanagan's First Ameridment rights. The

prosecution had sought capital punishment

for Flanagan because, as a teenager, he

allegedly believed in Satan and formed a

coven.

In a 3-1 ruling, the court held that the

prosecution's introduction of evidence dur-

ing the penalty phase hearing that

Flanagan worshiped Satan was inadmissa-

ble because it was not connected to his

crime.

"The prosecution may not raise the

issue of appellant's religious beliefs for the

bare purpose of demonstrating appellant's

bad character," the court stated. "Although

these beliefs [devil worship] are offensive

to many, they are clearly religious within

the broad scope of the First Amendment."

The majority ruled the inclusion of the

references to Satan could not be viewed as

harmless error and ordered another penalty

hearing.

In 1991, Flanagan came within days of

being executed when Laurence obtained a

stay of execution and filed a petition for a

writ of certiorari in the U.S. Supreme

Court. In March 1992, the Supreme Court

granted his petition and vacated the death

judgment. The February ruling by the

Nevada Supreme Court means _ that

Flanagan is now off death row and will be

granted another penalty phase hearing.

which he examined patients assured the

FBI that his patients faced no medical risk.

Hayward School District Adopts New

Policy on HIV-Infected Students

By Jean Field

of HIV-infected children, the ACLU-

NC helped to convince the Hayward

Unified School District to abandon a pol-

icy which. would have subjected them to

an intrusive and humiliating screening pro-

cess before allowing them to attend school.

In January, the Board adopted a new pol-

icy that affirms the right of HIV-infected

children to an education.

"It's great that the Hayward School

Board realized that the old policy was

medically unjustified and a violation of the

iT n an important victory for the rights

children's constitutional rights,' said ACLU-

NC staff attorney Matthew Coles.

Working together, the ACLU-NC and

the Alameda County Health Department

proposed an alternative policy, which the

Hayward School Board adopted. It declares

that there is no reason to keep an HIV-

infected child out of school unless the

child's physician determines that the child

should not be in school for the child's

sake. In addition, the school district will

train all its employees in safety precau-

tions that will guard against infection with

all blood-borne diseases. "Other diseases

besides HIV pose a potential risk to school

personnel, and often those infected are

unaware of it,"

universal steps whenever dealing with

blood is the only effective preventive strat-

egy. It doesn't stigmatize some children and

deprive them of their right to an equal edu-

said Coles. "Taking simple; .

There is no reason to

keep an HIV-infected

child out of school.

cation."

The school district's previous policy

required school officials to make an indi-

vidual determination about risk of trans-

mission for each HIV-infected child

seeking enrollment in one of its schools.

Parents of an infected student, upset about

the prospect of emotionally upsetting and

potentially public inquiries into the health

of their son, complained to the Alameda

County Health Department and the ACLU-NC.

The ACLU-NC told the school district

that the policy was unnecessary because an

HIV-infected child in school poses no sig-

nificant risk of transmission. "This policy

exposes the district to lawsuits,' said

Coles. "That's an expensive price to pay

for what medical experts agree does noth-

ing to promote the safety of other students

or staff at the school."

The Alameda County Health Department

is sending the new Hayward policy to

every school district in the county as a model.

"The Hayward School District did the

right thing," said Coles, "We hope that

when other districts see this new policy

they'll follow along."

aclu news

6 issues a year: January-February, March-April, May-June, July-August,

September -October, and November-December.

Published by the American Civil Liberties Union of Northern California

Milton Estes, Chairperson

Dorothy Ehrlich, Executive Director

Elaine Elinson, Editor

Nancy Otto, Field Page

ZesTop Publishing, Design and Production

1663 Mission St., 4th Floor

San Francisco, California 94103

(415) 621-2493

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

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

aclu news 3

mar - apr 1993

ACLU Mobilizes to Lift Ban on Gays and

Lesbians in the Military

Where to call and write with

your support for lifting the

ban:

he controversy over whether gays

and lesbians should be allowed in

the military has emerged as the

defining civil rights issue of the year.

When President Clinton acted on his 4

campaign promise to lift the ban, the

forces of repression and homophobia

exerted pressure on him, on legislators

and on military leaders to resist this

change. But the ACLU, both locally and

nationally, continues to mobilize its

forces to put pressure on Congress and

the Joint Chiefs to come up with a plan

that ensures immediate and full imple-

mentation of President Clinton's

Executive Order.

The ACLU's position was further

strengthened on January 28 by the U.S.

District Court's ruling that the exclusion of

gays and lesbians in the military was

General Colin Powell, Chair,

Joint Chiefs of Staff

703/697-9121

Les Aspin

Secretary of Defense

703/697-5737

President Bill Clinton

202/456-1111

Senator Sam Nunn

Armed Services Committee

202/224-3871

Representative Ron Dellums,

unconstitutional. In ordering the Navy to Chair

reinstate Petty Officer Keith Meinhold, House Armed Services

Committee

who was discharged last year after stating

on a television show that he was gay, the

court declared: "Gays and lesbians have

served, and continue to serve, the United

States military with honor, pride, dignity

and loyalty. The Department of Defense's

justifications for its policy banning gays

and lesbians from military service are

based on cultural myths and false stereo-

510/763-0370

Senator Barbara Boxer

415/403-0100

Senator Dane Feinstein

415/249-4777

types." om g These Northern California

The battle is not yet won, however. faith fo ee ABLE Sk pe Representatives oppose lifting

Below are some of the ACLU's recent and Nay ond! ov ee hel (202) 2250x00B0 = the ban and need to hear

= eo ene from ACLU members:

ongoing actions to break down the barriers

preventing gays and lesbians from serving

in the Armed Forces. The ACLU urges

you to lend your support!

The ACLU Field Department and

Chapter activists are mobilizing broadly to

ensure that all Northern California U.S.

Representatives and Senators are aware of

the widespread opposition to the ban.

Thousands of postcards addressed to

legialtors and informational fliers have

already been distributed to ACLU-NC

members living in districts whose mem-

bers are either opposed to lifting the ban or

have not made up their minds (Redding,

Stockton, Fresno, Modesto) and all mem-

bers of the Lesbian and Gay Rights

Chapter. In addition, the Lesbian and Gay

John Doolittle (R-Stockton)

202/225-2511

916/786-5560

Wally Herger (R-Redding)

202/225-3076

916/893-8363

Richard Pombo (R-Stockton)

202/225-1947

209/951-1910

Bill Baker (R-Contra Costa)

202/225-1880

510/932-8899

This ad

Rights Chapter is providing materials, os appeared in the national These Northern California

speakers and other support so the issue edition of the New York Times and Representatives remain

gains visibility throughout Northern other local papers. undecided:

California.

The ACLU-NC joined with the Organizing materials available: Field Department, encourage Northern Gary Condit (D-Modesto)

Southern California affiliate to run a full- California residents to call and write tar- 202/225-6131

page advertisement in the New York Postcards, prepared by national ACLU _ geted representatives who are undecided or 209/527-1914

Times, comparing the arguments made and featuring satirical political cartoons, opposed to lifting the ban.

against gays and lesbians in the military urge President Clinton and Legislators to Richard Lehman (D-Fresno)

with those made against military desegre- stand by the pledge to overturn the military Newspaper ad Copies of the ad (pic- 202/225-4540

gation fifty years ago. In addition, an ban. tured on this page) are available for place- 209/487-5760

advertisement ran in the San Francisco ~ ment in local newspapers and organizational

Bay Times. Fliers, prepared by the ACLU-NC newsletters.

Are you a VETERAN?

TROT eC) ES ALCL ela

Call ACLU-NC Field Representative Nancy Otto at

(415) 621-2493

Send Your Message to Washington!

CALL THE ACLU HOTLINE

1-800-879-2262

When you call the Hotline number, the ACLU will arrange for

telegrams in your name to be sent to your Senators and your

Representative urging them to oppose the ban on lesbians and

gays in the military.

A charge of $6.75 will be added to your phone bill and you will

receive a written confirmation that the telegrams have been sent.

4 aclu news

mar - apr 1993

he ACLU actively lobbied on over

150 bills this past year. The fol-

_ lowing report highlights the most

important ones and indicates the final out-

come of the legislation.

CIVIL RIGHTS

AB 3825 (Brown) - the Omnibus

Civil Rights Restoration Act of 1992 was

the comprehensive legislation intended to

return California to its position as a leader

on civil rights. The bill would have

restored the authority of the California

Fair Employment and Housing

Commission to award unlimited damages

to victims of employment and housing dis-

crimination, prohibited all forms of arbi-

trary discrimination under the Unruh Civil

Rights Act, banned job and housing dis-

crimination against gays and lesbians, pro-

. hibited English-only workplace rules, and

brought the state into compliance with the

.Federal Fair Housing Act and _ the

Americans with Disabilities Act.

ACLU Position: SUPPORT

Status: Vetoed by the Governor

AB 2440 (Becerra) prohibited dis-

` crimination against non-English speakers

in the workplace by prohibiting English-

only workplace rules unless justified by a

business necessity. The bill ensured that

employees of diverse ethnic and cultural

backgrounds are protected from discrimi-

natory employment practices.

ACLU Position: SUPPORT

Status: Vetoed by the Governor

AB 311 (Moore) as_ introduced,

restored the power of the California Fair

Employment and Housing Commission to

award damages in employment discrimi-

nation cases - typically sexual harassment

or racial discrimination cases. In order to

obtain the Governor's signature the bill

was amended to place a limit of $50,000

in the amount of damages the Commission

could award a victim of discrimination.

ACLU Position: SUPPORTED

ORIGINAL VERSION OF BILL

Status: Signed by the Governor

AB 1077 (Bronzan) protects persons

with disabilities from discrimination in

employment and public accommodations

by conforming state laws with the federal

Americans with Disabilities Act.

ACLU Position: SUPPORT

Status: Signed by the Governor

e

AB 531 (Polanco) provided full con-

formity with the federal Fair Housing Act

by expressly prohibiting land use and

other housing practices that have a dis-

criminatory effect on persons with disabil-

ities, families with children, ethnic or

racial minorities and other protected

classes.

ACLU position: SUPPORT

Status: Vetoed by the Governor

AB 1178 (Polanco) would permit cit-

ies and counties to enact stronger housing

_ discrimination laws than authorized under

current state law. ee

ACLU Position: SUPPORT

Status: Vetoed by the Governor

AB 2601 (T.Friedman) secures

employment protections for gays and les-

bians by codifying recent court decisions

which declared that the Labor Code pro-

hibits employment discrimination based

on sexual orientation.

ACLU Position: SUPPORT

Status: Signed by the Governor

SB 1257 (Roberti) clarified that the

Unruh Civil Rights Act prohibited all

forms arbitrary discrimination by business

establishments, including arbitrary eco-

nomic discrimination.

ACLU Position: SUPPORT

Status: Held in Assembly Judiciary

Committee

POLICE PRACTICES

Though almost two years have passed

since the LAPD beating of Rodney King,

the Legislature has yet to respond to the

incident and the uprising which occurred

in Los Angeles earlier this year. A few

legislators made the attempt but these

efforts fell short.

SB 1335 (Torres) would have created

an office of Ombudsman in every jurisdic-

tion to process complaints of police mis-

conduct and established an independent

prosecutorial arm through the Department

of Justice to prosecute cases of felony

police misconduct.

ACLU Position: SUPPORT

Status: Failed passage in Senate

Appropriations Committee

SB 1261 (Davis) and AB 2340

(Archie-Hudson) were similar bills which

mandated reporting requirements on

police officers who witness other police

officers assaulting or beating persons. SB

- 1261 was significantly watered down in

the Assembly Ways and Means

Committee to require reporting only when

there was an injury from an officer requir-

ing medical treatment.

ACLU Position: SUPPORTED BOTH

BILLS

Status: AB 2340 was vetoed by the

Governor; SB 1261 failed passage in the

Assembly.

SB 1949 (B.Greene) as introduced

would have eliminated a special exemp-

tion granting peace officers the right to sue

for defamation those persons who bring

allegations of wrongdoing to the attention

of their employers. Even though there has

never been a successful defamation suit,

the threat of one can have a chilling effect

against persons who file citizen com-

plaints against officers. A compromise in

the Senate required that police officers

show they would likely prevail in their

defamation action before they could pro-

ceed.

ACLU Position: SUPPORT

Status: Held in Assembly Judiciary

Committee

AB 2067 (Floyd) would reinforce the

code of silence surrounding internal police

investigations of misconduct. Among

islative |

Paul Anderson

other things the bill required 24-hour

notice to any police officer by his or her

superior before the officer could be ques-

tioned concerning any matter under inves-

tigation. The bill would have made it

virtually impossible for police agencies

and Civilian Review Boards to adequately

investigate charges of police misconduct.

ACLU Position: OPPOSE

Status: Failed passage in Senate |

Judiciary Committee

AB 183 (Ferguson) would have pro-

hibited peace officers from using pain

compliance techniques against peaceful

demonstrators who do not resist arrest.

ACLU Position: SUPPORT

Status: Failed passage in Assembly

Ways and Means Committee

CRIMINAL JUSTICE

SB 1705 (Maddy) greatly broadens

California's Drug Asset Forfeiture Law.

The bill imposes a zero tolerance policy in

California by eliminating drug quantity

threshold amounts, eliminates community

property exceptions, and otherwise facili-

tates the forfeiture of property without a

prior conviction.

ACLU Position: OPPOSE

Status: Failed passage in Assembly

Public Safety Committee

AB 2405 (McClintock) adds lethal

injection to administration of lethal gas as

California's method of execution. The

ACLU opposes the death penalty without

regard to the killing method. The ACLU

decided to remain neutral, in part because

endorsing or opposing these bills would

lead us into a debate over the appropriate-

ness of one form of death over another.

ACLU Position: NEUTRAL

Status: Signed by the Governor

AB 2306 (Katz) substantially reduces

prison worktime credits for prisoners con-

victed of a long list of felonies. This

would greatly increase sentences and fur-

ther overcrowd our prisons. The bill would

cost billions of. dollars in General Fund

revenues and drain precious resources

away from other programs.

ACLU Position: OPPOSE

Status: Held in the Assembly Ways and

Means Committee

SB 1122 (Presley) would have elimi-

nated the exclusionary rule in criminal

proceedings in California. The ACLU

strongly opposed the elimination of this

rule, which excludes the use of evidence

that has been obtained by unconstitutional

police practices. The rule was adopted to

aclu news 5

mar - apr 1993

`Highlights

deter unconstitutional warrantless police

searches of homes, possessions and _per-

sons.

ACLU Position: OPPOSE

Status: Failed passage in the Senate

Judiciary Committee

SB 347 (Presley) significantly cuts

back on available appeals for defendants in

death penalty cases by establishing numer-

ous draconian limitations on the right to

file habeas petitions.

ACLU Position: OPPOSE

Status: Failed passage in the Assembly

Public Safety Committee

SB 1120 (Presley) would have radi-

cally expanded the existing wiretap law

by, among other things, eliminating the

requirement of a prior court order authoriz-

ing the wiretap and by greatly expanding

the number of alleged crimes which would

be subject to wiretapping.

ACLU Position: OPPOSE

Status: Failed passage in the Senate

Judiciary Committee

SB 25 (Lockyer) was the sentencing

reform legislation intended to clarify the

state's complicated sentencing structure.

The bill's final version raised penalties for

more than 90 crimes. The Governor vetoed

the bill because he believed the measure

gave judges discretion to lower sentences.

There were also 40 other separate criminal

measures which were joined to SB 25;

with the veto of SB 25, those measures

failed as well.

ACLU Position: OPPOSE

Status: Vetoed by the Governor

FIRST AMENDMENT

SB 1115 (Leonard) will specifically

extend First Amendment rights of free

expression to high school and_post-

secondary students in private as well as

public institutions. The bill also clarifies

that schools can impose discipline for acts

of harassment or intimidation that are not

constitutionally protected.

ACLU Position: SUPPORT

Status: Signed by the Governor

SB 1264 (Lockyer) attempts to prevent

abuse of libel suits by requiring plaintiffs

to establish that they have a probability of

success before proceeding with lawsuits

against persons speaking out on public

issues. This is intended to limit "SLAPP" -

suits which inhibit freedom of expression

on issues of public importance.

ACLU Position: SUPPORT

Status: Signed by the Governor

REPRODUCTIVE RIGHTS

AB 2384 (Mountjoy) would have

placed burdensome reporting requirements

on health care facilities to keep records

regarding abortions.

ACLU Position: OPPOSE

Status: Failed passage in the Assembly

Health Committee

AB 3634 (Chandler) would have

imposed unnecessary and burdensome

informed consent procedures for abortions,

as well as imposed civil and criminal lia-

bility for failure to comply with the new

procedures.

ACLU Position: OPPOSE

Status: Failed passage in the Assembly

Health Committee

PRIVACY

AB 2525 (Brown) and SB 1418

(Watson) were similar bills which author-

ized counties to establish needle exchange

programs in order to help reduce the risk

of HIV infection among the intravenous

drug-using population.

ACLU Position: SUPPORTED BOTH

BILLS

Status: Both bills vetoed by the

Governor

SB 1447 (Lockyer) as originally intro-

duced was a broad based worker privacy

bill which would have protected employ-

ees from discrimination for off-the-job

conduct, association, or activities, unless

the employer had a compelling business

interest. These provisions were amended

out of the bill before it reached the

Governor's desk.

ACLU Position: SUPPORT

Status: Vetoed by the Governor

SB 1879 (Craven) would have prohib-

ited discrimination by an employer for an

employees off-the-job use of a lawful con-

sumer product. The bill was intended pri-

marily to protect those who smoke off the

job.

ACLU Position: SUPPORT

Status: Vetoed by the Governor

SB 937 (Watson) was a broad ranging

effort to regulate surrogate parenting con-

tracts. The ACLU objected to those provi-

sions of the bill which would terminate all

parental rights of the surrogate mother as a

condition of payment under the surrogacy

contract.

ACLU Position: OPPOSE

Status: Vetoed by the Governor

AB 3150 (Horcher) would have signif-

icantly restricted an attorneys' ability to

advertise services in violation of their con-

stitutional rights to free speech.

ACLU Position: OPPOSE

Status: Failed passage in the Assembly

Judiciary Committee on the last night of

the session.

OTHER BILLS

SB 270 (Kopp) would have required

tenants to deposit prospective rent in order

to defend themselves in eviction cases,

The bill was strongly opposed by the

ACLU and a long list of tenant organiza-

tions as a fundamental violation of due

process of law.

ACLU Position: OPPOSE

Status: Failed passage in Senate on the

last night of the session.

SB 1556 (Hill) and AB 2727 (Andal)

were Governor Wilson's proposals on wel-

fare reform similar to the provisions of the

failed Proposition 165. The bills would

have imposed a 25% cut in welfare bene-

fits for families receiving AFDC, required

teen parents to live with guardians in order

to receive AFDC, and disallow additional

support for any children born while a fam-

ily received AFDC.

ACLU Position: OPPOSED BOTH

BILLS

Status: Both bills failed passage in

Assembly Human Services Committee.

AB 2632 (Lee) was a comprehensive

measure seeking to reform current student

suspension and expulsion statutes by pro-

viding students stronger due process pro-

tections as well as permitting on-going

educational assignments during a suspen-

sion.

ACLU Position: SUPPORT

Status: Failed passage in the Assembly

ACA 46 (Ferguson) would grant state

scholarships to children to apply to the

costs of attending private schools, includ-

National Blueprint ...

Continued from page |

Clinton's January 22 action reversing the

gag rule on family planning clinics and

lifting the ban on federally funded fetal tis-

sue research. The President's decision sig-

naled his commitment to disencumber

health care and medical research from the

dictates of the political agenda of the Far

Right.

His bold action gives us reason to be

hopeful during this season of change, but

it also reminds us that we cannot be lulled

into a false sense of security about the

safety of reproductive freedom or, for that

matter, of any of our liberties.

One President cannot, with the stroke

of a pen, fix all the damage done during

ing private religious schools. The ACLU

strongly opposed this bill on both constitu-

tional separation of church and_ state

grounds, and the fact that "choice" plans

would likely relegate children from poor

families to society's worst schools while

providing a windfall for families that can

afford private schooling.

ACLU Position: OPPOSE

Status: Failed passage in the Assembly

Education Committee

SCA 14 (Hill) would have divested all

California state courts of jurisdiction to

issue any order compelling any legislative

body or executive officer or agency to

fund certain basic state services, such as

constitutionally mandated protections for

women, children and the disabled.

ACLU Position: OPPOSE

Status: Failed passage in the Assembly

Judiciary Committee

supporting ACLU positions more than

80% of the time including: Fazio, Lantos,

Panetta (who, since his appointment as the

Administration's Budget Director, leaves

an open seat which will be filled with a by-

election in April) and Stark. That means

there are at least eleven more members

who need to hear more frequently from

ACLU advocates both in Washington and

in their districts.

Meeting with new members of

Congress reminds us that while the climate

for our work to safeguard civil liberties is

much improved, we still have a great task

ahead of us. We must take advantage of

this climate both to educate elected offi-

cials and to build public support for our

long term goals of justice and equality.

Like our campaign to lift the ban on

lesbians and gays in the military, many of

`In the northern California Congressional

delegation, Representatives Dellums, Edwards,

Miller, Mineta and Pelosi have a 100% voting

record in support of ACLU positions on

legislation.'

the last 12 years. Nor does his pen give

him the public support that the ACLU and

other groups must work to achieve on such

controversial issues as lifting the ban on

lesbian and gays in the military, or rethink-

ing the failed policies of the war on drugs.

- Climate for action

Our meetings with new members of

Congress do not tell the whole story of the

northern California Congressional delega-

tion. Outside of New York, there is no

other place in the country with more mem-

bers with 100% voting records in support

of ACLU positions than in northern

California. Those with perfect scores

include Representatives Dellums, Edwards,

Miller, Mineta and Pelosi. They are

closely followed by members with records

the ACLU's proposals will require new

strategies and long-term efforts to educate

the public and win support.

At a recent meeting with Representative

Dan Hamburg (D-Ukiah), a new

Democratic member of Congress whose

sprawling First Congressional District runs

from Solano County to the Oregon border,

he explained that he would not have con-

sidered going to Congress if it were just

business as usual.. Hamburg said that he

is committed to making changes around

key civil liberties issues-fighting against

the death penalty, working for a reproduc-

tive rights agenda that includes a minor's

right to choose, and lifting the ban on les-

bians and gays in the military,

And the activists of the ACLU plan to

help him do just that.

6 aclu news

mar - apr 1993

Kindergarten Boy Forced to

Cut His Hair to Enter School

ast September, 5-year old Derrek

: Casebolt was excited as he went,

accompanied by his mother, to

register for school at Pinedale Elementary

School in Clovis. His joy at starting school

was quickly deflated, however, when the

principal told him that he would have to

cut his hair or forget about attending kin-

dergarten.

Derrek's mother, Taunya Gilstrap,

argued with principal Dr. Tom Lutton to

no avail. She even asked if Derrek could

wear a rubber band or other hair-fastening

device to keep his hair away from his face.

But Dr. Lutton insisted that Derrek had to

comply with school regulations or be pro-

hibited from attending Pinedale. No simi-

lar hair length restrictions are imposed on

girls.

Rather than be prevented from attend-

ing school, Derrek reluctantly cut his hair;

but his mother - angry at the school's

discriminatory hair policy and believing it

to be improper and illegal - also called

the ACLU.

ACLU-NC cooperating attorneys Lee

Ann Huntington, Angela Steel and Bruce

A. Wagman of Morgenstein and Jubelirer

and staff attorney Ann Brick agreed with

her sentiment.

*Derrek and his mother are not the

only ones upset about the regulation," said

Wagman. "Apparently a significant por-

tion of the Clovis/Pinedale community

complies with the rules under constant, but

silent, protest. Many students and their

parents resent the school district's attempt

to impose this type of stereotyping on both

the boys and the parents of the boys, espe-

cially in an area of such personal

choice."

On February 16, the attorneys filed a

claim on behalf of Derrek and his mother

and another student Daniel Mendoza and

his mother Linda Hernandez against the

Clovis Unified School District charging

that the school district's policy constitutes

gender discrimination in violation of fed-

eral and state constitutional and statutory

provisions.

"The hair length regulation seeks to

coerce conformity based on traditional

views of how men and women and boys

and girls should look and act," explained

Wagman.

The school handbook attempts to jus-

tify the restrictions on the length of boys'

hair on the grounds that long hair worn by

boys creates a health risk to the student,

disrupts the school's educational program,

causes excessive wear to school property

and/or prevents the student from achieving

educational objectives by blocking sight or

restricting movement.

"Derrek and I feel very strongly about

his personal choice to wear long hair,"

said his mother. "He is willing to wear his

hair tied back at school, but the school

takes the position that 'foreign objects'

may not be worn in the hair. No similar

restriction on barrettes, pony-tail bands or

headbands apply to girls," she explained.

"The school district's position of

imposing the hair limitation only on boys

is arbitrary and capricious," said attorney

Brick. "Moreover, the inability of the

school to articulate a valid reason for treat-

ing boys differently from girls leads to the

conclusion that the school's real purpose

in enacting the regulation is to reinforce

sex stereotypes based on appearance. This

violates Section 220 of the Education

Code."

Derrek wants to grow his hair long

again, and he also wants to continue to go

to kindergarten. The ACLU claim seeks

both damages for Derrek and a permanent

change in the school policy for Derrek and

all the others.

"Tt is quite admirable that this little

boy's stand for his own individuality

raises major issues of freedom of expres-

sion, privacy and gender discrimination,"

said Wagman. "He's already learned a lot

about civil liberties in kindergarten - we

hope the school administrators learn some-

thing too!"

"We are hoping to settle this matter

without resorting to a lawsuit,' added

Brick, "but we are definitely prepared to

go to court if the school district does not

change the regulation."

Judge Bars DSS Rule Linking Adoption to

Immigration Status

Stuart Pollack issued an injunction

prohibiting the California Depart-

ment of Social Services (DSS) from auto-

matically blocking adoptions of children

whose immigration status is "unresolved."

Judge Pollack's January 29 ruling bars the

enforcement of DSS regulations, issued in

March 1992 and revised in October 1992,

requiring case workers to halt all adoption

proceedings if any party to the adoption

(parent or child) is believed to be an

undocumented immigrant.

The DSS rules, which effectively

brought adoption proceedings concerning

these children to a halt, were legally chal-

lenged in a class action lawsuit by a coali-

tion of immigrant rights organizations and

children's advocates.

"For undocumented children, the DSS

regulations created a double-bind from

which there was no escape. INS regula-

tions require a final order of adoption

before legal immigration status can be

granted to an undocumented child. DSS

regulations, meanwhile, required that chil-

dren have legal immigration status before

they could be adopted," explained ACLU-

NC staff attorney Alan Schlosser.

Judge Pollack's ruling came in the class

action lawsuit, Rodriguez-Mendez vy.

Anderson, filed on December 30 challeng-

ing the DSS directive on behalf of these

children and the adults who want to adopt

them. The named plaintiffs include

Nicaraguan, Filipino and Polish children

and the families they live with in

California. The groups filing the lawsuit

include the National Immigration Law

Center (NILC), the Alliance for Children's

an Francisco Superior Court Judge

Rights, and the American Civil Liberties

Union of Northern and Southern California

and the law firm of Nervo and Bean.

Rebecca Chiao of the NILC explained,

"As Judge Pollack found, the policy

clearly violated state law and was issued in

violation of the Administrative Procedure

Act, without any legal authority what-

soever.

"Immigrants have so `little clout and

immigration has become so politicized that

some government officials seem to think

they can violate immigrants' rights without

adopt them.

anyone blinking an eye."

Said attorney Angela Bean who argued

the case before Judge Pollack, "We are

really pleased by the judge's decision. He

clearly understood what it means for a

child to be in the U.S. for a long time and

try to become stable and permanent.

"These children's families love them

very much. They lack for nothing except

for the technical, legal sanctions on the

parent-child relationship.

"We did not ask the court to ignore the

factor of immigration status - we just

The DSS rule created a double-bind for children and the families who wanted to

Rick Rocamora

the state's constitutional duty to

ensure equal educational opportunity,

the California Supreme Court upheld the

state's 1991 takeover of the Richmond

Unified School District. The unanimous

ruling, issued on December 31, held that

. the state is obligated to intervene when

financially troubled school districts

threaten to close their doors to students.

"This ruling shows that the right of the

31,000 Richmond students to a basic edu-

cation takes precedence over the principle

iT na landmark decision that emphasizes

of "local control' and the district's finan- 0x00B0

cial problems," said ACLU-NC staff attor-

ney Alan Schlosser. The ACLU-NC, along

with the national ACLU, filed an amicus

brief on behalf of students and parents in

the Richmond School District, arguing

that the attempt to close Richmond

schools six weeks before the end of the

school year would have deprived the dis-

trict's students of an educational opportu-

nity equivalent to that available to other

California students, and that the state had

Supreme Court Upholds

Students' Right to Education

"The paramount value is to guarantee the equal

educational opportunity of California's children."

the constitutional obligation to step in to

keep the schools open.

In March 1991, six weeks before the

end of the school year, the Richmond

school board ran out of operating funds.

Giving only a week's notice, the district

announced the schools would close. This

left 31,000 students with the prospect of

not completing the school term. and, in the

case of seniors, not being able to take

exams necessary for graduation.

Students and their parents, represented

by attorneys from Morrison and Foerster

and the San _ Francisco Lawyers

Committee for Urban Affairs, filed a suit,

Butt v. Richmond Unified School District

Board of Education, in Contra Costa

County Superior Court challenging the

closure. Judge Ellen James ordered the

schools to remain open and authorized the

use of state treasury funds for their opera-

tion. When the state appealed the deci-

sion, the case was -transferred to the

California Supreme Court. The ACLU-

NC supported the students with an amicus

brief, written by Richard Briffault of

wanted the Department of Social Services

to do its job: to determine whether it is in

the child's best interest. That is why the

court was convinced by our evidence that

this DSS policy violated the children's

rights and statutory law," Bean said.

Judge Pollack found the DSS regula-

tions inconsistent with the fundamental

requirement that the state act in the child's

best interest in adoption proceedings. He

ruled that the DSS rules violate sections of

the California Civil Code which state that

"any unmarried minor child may be

adopted by any adult person."

ACLU-SC attorney Silvia Argueta said

that Judge Pollack's ruling "sends a clear

message to the state that all persons must

be treated equally under the law regardless

of their immigration status."

Judge Pollack also declared the regula-

tions invalid because they were enacted

without public notice and a period for pub-

lic comment. |

Columbia Law School, Helen Hershkoff

of the national ACLU and Schlosser.

The justices agreed with the ACLU-

NC position that the state's constitutional

responsibility did not end by merely assur-

ing equal state aid to all school districts.

"The state ... had a duty to protect district

students against loss of their right to basic

educational equality,' wrote Justice

Marvin R. Baxter in the court's opinion.

However, in a separate 4 to 3 vote, the

court held that judges lack power to order

a State-funded bailout of financially

pressed districts from funds that were not

generally appropriated for that purpose by

the Legislature. It ruled that Judge James

had improperly authorized the state to

make the $19 million emergency loan

from state funds that were not appropri-

ated for educational purposes. However,

the ruling did not rescind the state loan to

the Richmond school district, which has

begun to repay the loan.

In her dissenting opinion, Justice

Joyce L. Kennard warned that the court

had declared a fundamental right to educa-

tion, but prevented justices from enforcing

it by an overly restrictive view of what

funds were available for such bailouts.

The state had argued that ruling in

favor of any judicial intervention would

circumvent local control of education, and

the power of the Legislature to allocate

funds.

"Local responsibility, which the state

alleges to encourage by having the

schools close, is not a fundamental consti-

tutional principle, like the right to educa-

tion itself. It is not the ultimate value at

stake," explained Schlosser. "The para-

mount value is to guarantee the equal edu--

cational opportunity of California's

children.

"This case takes on added significance

as more and more school districts around

the state are finding themselves in fiscal

crisis," he added.

aclu news 7

mar - apr 1993

Francis Joins Staff as Computer Manager

By Jean Field

t the height of the ACLU-NC's

annual fund drives, Charles Francis

joined the staff of the ACLU-NC in

October as the Computer Manager/

Development Assistant, managing the

Development Department's complex fund-

raising database system. He also serves as

chief computer troubleshooter for the

entire staff, and will be upgrading and

developing the affiliate's computer capa-

_ bilities.

Francis studied Quantitative Economics

and Decision Sciences at U.C. San Diego,

which he describes as a hands-on approach

to economics. He also gained practical

experience as budget coordinator for the

UCSD African-American Student Union,

which relied on funding from corporate

sponsors, the school administration, uni-

versity chancellors and other on- and off-

campus sources. "J realized early on to get

things done you had to go out and get the

money," said Francis.

After graduation from UCSD in 1990,

Francis moved to Davis where he headed

the computer-aided fundraising efforts of

the U. C. Davis Annual Fund and managed

the day-to-day operations of a large staff

of telephone solicitors.

"T think it's essential to be informed

about, and feel strongly about the organi-

zation you're raising money for," said

Francis. "I'm really committed to educa-

Charles Francis at his computer.

tion, especially raising money to get more

tenured African-American professors in

non-traditional settings like chemistry, and

economics, and not just in ethnic studies

departments."

The position at the ACLU allows

Francis to broaden his knowledge of com-

puters and development strategies, as well

as benefit an organization he is committed

to. "I appreciate the chance to work with

dedicated volunteers who truly love their

Critics Demand SFPD

Follow Intelligence

Guidelines

By Jean Field

he ACLU's long-standing efforts for

stricter scrutiny of police intelli-

gence gathering activities were

thrust into the headlines in January by alle-

gations that a former San Francisco police

officer sold Department information to

foreign governments and private agencies.

Only a week before the story broke,

AELU-NE Police Practices Project

Director John Crew had sent a letter to the

Police Commission renewing his demand

that it comply with its own policies that

require systematic monitoring of police

intelligence gathering.

"Unfortunately, the story of the officer

selling secrets only confirmed what we'd

suspected all along," said Crew. "Contrary

to the Department's claims, unlawful sur-

veillance of political groups and individu-

als continues to take place after the

adoption of policies forbidding it, and the

Commission had not been conducting the

annual audits designed to monitor these

abuses."

At a January 26 hearing of the Board

of Supervisor's Health and Public Safety

Committee, Crew urged the Board to pres-

sure the Police Commission to comply

with its own intelligence-gathering poli-

cies. These carefully constructed policies

were adopted in 1990 after years of work

by the ACLU-NC, other community

groups and the Police Department.

"Although these are among the strongest

guidelines in the country, they're only

worthwhile if the Commission is willing

to enforce them," Crew said.

The Commission is supposed to

appoint a two-person committee to con-

duct a surprise audit of police intelligence-

gathering activities. These obligations

were not met by the Commission in 1992.

In addition, Crew advised the Board to

demand an investigation of whether other

police officers had knowledge or posses-

sion of any intelligence files, and the

release of the results of other investiga-

tions.

The Board's attention produced some

immediate results. Notably, the surveil-

lance reports - which measured nearly 30

feet - on the 1984 Democratic National

Convention will soon be available for

release after being sealed for years at the

City Attorney's Office, and individuals

targeted in the files amassed by former

police officer Tom Gerard are fo. be

granted access to that information. But,

Crew stressed, the Commission must ful-

ft

Union Maid photos

cause. That reveals a side of the develop-

ment process you just can't generate any

other way," he said.

Francis, who moved to Oakland about a

week before starting work at the ACLU,

spends his free time exploring the Bay

Area, working out, shooting pool and read-

ing African-American literature.

Francis replaces computer manager

Mary Stickles, who moved to Washington,

D.C. in August.

fill its role as overseer of the process in

order for the 1990 reforms to have any

lasting effect on the way the police do

business.

"These abuses will continue unless the

public and the Police Commission are vig-

ilant in preventing them. One way to exert

pressure on the Police Department is to

exercise our right to gain access to their

information," said Crew. -

People interested in the guidelines

for obtaining police intelligence docu-

ments and updated information about

what is available should write to the San

Francisco Police Commission, Hall of

Justice, Room 505, 850 Bryant St., San

Francisco, CA 94103.

| Volunteer

~ Intake/ (c)

| Complaint

Counselors

Needed |

Dearc volunteer position

_daWeaills you a an ACLUINC [ntake/

Complaint Counselor As a counselor,

you will staff the ACLU-NC complaint

ines [open fom 10 AM - 3 PM

Moncay - fcay, With anole

counseiy, "=Due to the taining

involved, the position requires at least

a and month commitment to WOTK One

day a week.

Your main duties are to:

ACLUN_1981.MODS ACLUN_1981.batch ACLUN_1982 ACLUN_1982.MODS ACLUN_1982.batch ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1984.batch ACLUN_1985 ACLUN_1985.MODS ACLUN_1985.batch ACLUN_1986 ACLUN_1986.MODS ACLUN_1986.batch ACLUN_1987 ACLUN_1987.MODS ACLUN_1987.batch ACLUN_1988 ACLUN_1988.MODS ACLUN_1988.batch ACLUN_1989 ACLUN_1989.MODS ACLUN_1989.batch ACLUN_1990 ACLUN_1990.MODS ACLUN_1990.batch ACLUN_1991 ACLUN_1991.MODS ACLUN_1991.batch ACLUN_1992 ACLUN_1992.MODS ACLUN_1992.batch ACLUN_1993 ACLUN_1993.MODS ACLUN_1993.batch ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_1999 ACLUN_1999.MODS ACLUN_ladd ACLUN_ladd.MODS add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log analyze ang screen for con

plaints which contain civil liberties

__ issues end present them toa staf

attorney,

= serve as ACLU (c) representat ves to

= _ a

ACLU Photos on Display

he ACLU-NC photo exhibit "The

: Human Face of the Struggle for

Civil Liberties,' composed of 15

moving portraits of ACLU clients by Rick

Rocamora, is being shown widely in the

Bay Area.

On March 3, the exhibition opened at

San Mateo City Hall with a reception

organized by the North Peninsula Chapter

of the ACLU-NC. The reception included

presentations by three of the individuals

featured in the exhibit - Larry Brinkin,

James Camarillo and Yolanda Cortez -

and ACLU-NC_ Public Information

Director Elaine Elinson. The portraits will

be on display at the City Hall through the

month of March.

In January, the exhibit was hosted by

the San Leandro Public Library and drew

a great deal of interest according to librar-

ian Mary Livitchuk. "One woman even

asked if she could photocopy the text of

the exhibit for a report she was doing for

college," Livitchuk said. The exhibit was

also featured at the Martin Luther King

Day Celebration sponsored by the San

Franciscc Lawyers Committee for Civil

Rights.

Among the ACLU-NC clients pictured

are Fred Korematsu, who fought the

internment of Japanese Americans during

World War II; Bettye Davis, the

Richmond woman whose home was sub-

jected to a brutal and unconstitutional

search by police; Larry Brinkin, who was

denied a three-day funeral leave after his

longtime lover died; Chiyuka Carlos, one

of the young African American men

denied entrance to Great America because

they fit a so-called "gang profile'; James

Camarillo who fought against the isola-

tion of HIV-infected inmates in California

prisons; and Yolanda Cortez, a hospital

dietitian who protested the "English-Only"

rules at the University of California at San

Francisco.

If you are interested in organizing an

exhibition in your community, please

write or call Jean Field, ACLU-NC

Public Information Associate, 1663

Mission St., 460, San Francisco, CA

94103. Telephone: 415/621-2493.

83 aclu news

mar - apr 1993

Margo Hall is Anita Hill, Artis Fontaine is Clarence Thomas and Leo Downey is the Senator in

the world premiere of Unquestioned Integrity. David Allen

Unquestioned

Integrity

The Hill/THhomas Hearings

A new play by Mame Hunt

Directed by Ellen Sebastian

Featuring

Margo Hall, Artis Fontaine and Leo Downey

Magic Theater

Fort Mason Center, San Francisco

Benefit Performances for the

ACLU-NC San Francisco Chapter

Wednesday, March 17 at 8:30 PM

Sunday, March 21 at 2:30 PM and 7:30 PM

Tickets: $17.00/$10 Clow-income, students)

For ticket information, call:

415/979-6699

STUDENTS CELEBRATE FREEDOM OF EXPRESSION

Can you handle a day

filled with drama and

debate. . . with students

from all over the Bay

Area? Thencome to...

Date: Monday, May 10

Time: 9:30am to 2:30pm"

Place: Bill Graham Civic Auditorium

San Francisco Civic Center

Cost: Free - Open To All High School Students

"atau 41 Ang 10 youny moA Sung,

It you would like to get involved in planning the conference, please contact Marcia Gallo at 415/621/2493.

ee a ee

ITM THERE on May 10!

Name Telephone (Area Code)

Address

Age Grade School

School Address

City Tip Code

Send this form by April 30 to: Student Conference; ACLU-NC; 1663 Mission Street, Suite 1,60; San Francisco, CA 94,103.

Field Program

Monthly Meetings

Chapter Meetings

(Chapter meetings are open to all inter-

ested members. Contact the Chapter acti-

vist listed for your area.)

B-A-R-K (Berkeley-Albany-Richmond-

Kensington) Chapter Meeting: (Usually

fourth Thursday) Volunteers needed for

the chapter hotline - call Florence

Piliavin at 510/848-5195 for further

details. For more information, time and

address of meetings, contact Julie Houk,

510/848-4752.

Earl Warren (Oakland/Alameda

County) Chapter Meeting: (Usually sec-

ond Wednesday) Meet on Wednesday,

March 10 and April 14.

Chapter Hotline, 510/534-ACLU is now

available 24 hours.

The Earl Warren Chapter is looking

Hotline volunteers. For further informa-

tion, call Irv Kermish at 510/836-4036.

Fresno Chapter Meeting: (Usually third

Wednesday) Meet on Wednesday, March

17 and April 21 at 7:00 PM at Glendale

Federal Bank/Community Room, 4191 N.

Blackstone at Ashland, Fresno. Fresno

Board Elections at March meeting. New

members welcome! For more information

call Nadya Coleman at 209/229-7178

(days) or A.J. Kruth at 209/432-1483

(evenings) or the Chapter Hotline at 209/

225-3780.

Lesbian and Gay Rights Chapter

Meeting: (Usually first Thursday) Meet

on Thursday, April 1 and May 6 at 7:00

PM at the ACLU Office, 1663 Mission,

460, San Francisco. For more information,

contact Tom Reilly, 510/528-7832. The

Lesbian and Gay Rights Chapter will be

marching behind our banner in _ the

nation's capital at the March On

Washington D.C., April 25. If you are

interested in joining them, call Tom Reilly

at the number above.

Marin County Chapter Meeting: (usu-

allly Third Monday) Meet Monday, March

15 and April 19 at 7:00 PM, WestAmerica

Bank, 1204 Strawberry Town and Country

Village, Mill Valley. For more informa-

tion, contact Richard Rosenberg at 415/

434-2100.

Mid-Peninsula (Palo Alto area) Chapter

Meeting: (Usually last. Thursday) Meet

Thursday, March 25 and April 29 at 7:30

PM at the California Federal Bank, El

Camino Real, Palo Alto. New members

welcome! For more information, contact

Paul Gilbert at 415/324-1499 or call

Chapter Hotline at 415/328-0732.

Monterey County Chapter Meeting:

(Usually third Tuesday) Meet Tuesday,

March 15 and April 20 at the Monterey

Library, Community Room, Pacific and

Madison Streets, Monterey. There will be

an Open Forum at the March meeting.

For more information, contact Richard

Criley, 408/624-7562.

Mt. Diablo (Contra Costa County)

Chapter Meeting: (Usually third

Thursday) For more information, call the

Hotline at 510/939-ACLU.

North Peninsula (San Mateo area)

Chapter Meeting: (Usually third

Monday) Meet on Monday, March 15 and

April 19 at 7:30 PM. at Planned

Parenthood. The ACLU-NC photo

exhibit, The Human Face of the

Struggle for Civil Liberties is on exhibit

at San Mateo City Hall through the

month of March. Hours are Monday

through Friday, 9:00 AM to 5:00 PM.

Note: The North Pen Chapter has a new

Hotline number: 415/579-1789. For more

information, contact Audrey Guerin at

415/574-4053.

North Valley (Shasta, Siskiyou, Tehama

and Trinity Counties) Chapter Meeting:

(Usually fourth Wednesday) For more

information contact interim Chairperson

Tillie Smith at 916/549-3998.

Redwood (Humboldt County Chapter

Meeting: (Usually third Monday) Meet

Monday, March 15 and April 19 at 7:15

PM at the Arcata Library. For more infor-

mation contact Christina Huskey at 707/

444-6595.

Sacramento Valley Chapter Meeting:

(Usually second Wednesday) Meet on

Wednesday, April 14 and May 12 at 7:00

PM at the S.M.U.D. Building, Training

Room A, 59th and S~ Sitreets,

Sacramento. For more information, con-

tact Ruth Ordas, 916/488-9956. The April

14 meeting will feature The Rights of

Minors. with speaker Marcia Gallo,

Director of the ACLU-NC Friedman

Education Project. The winner of the

High School Essay Contest will read the

winning essay. For more information,

contact Ruth Ordas at the number above.

San Francisco Chapter Meeting:

(Usually third Tuesday) Meet on Tuesday,

March 16 and April 20 at 6:45 PM at

ACLU Office, 1663 Mission, 460, San

Francisco. For more information, call the

Chapter Information Line at 415/979-

6699. The Chapter is launching a series of

Speakers Forums: April 13: Keith

Meinhold, a gay Naval Officer who was

recently reinstated by a U.S. District

Court after being ousted by the Navy, will

speak on Gays in the Military; May 5:

Hugo Bedau, Michael Radelet, and

Constance Putnam on _ Erroneous

Convictions in Capital Cases. Both for-

ums to be held at 7:30 PM at Golden Gate

School of Law Auditorium, 536 Mission

St., San Francisco. For times and ticket

information call 415/979-6699.

Santa Clara Valley Chapter Meeting:

(Usually first Tuesday) Meet on Tuesday,

April 6 and May 4 at 7:00 PM at the

Community Bank Building, 3rd Floor

Conference Room, corner of Market/St.

John Streets, San Jose. Contact John Cox

at 408/226-7421, for further information.

The Santa Clara chapter will be holding a

Fundraising Dinner on Saturday, April

10 from 6:00 PM to 12:00 AM at the

Italian Gardens in San Jose. The keynote

speaker will be Judge John Foley,

Presiding Judge of the Santa Clara

Superior Court. Poster Contest will be

on display and awards will be presented to

outstanding entries. For more information,

contact John Cox at the number above.

Santa Cruz County Chapter Meeting:

(Usually third Tuesday) Meet on Tuesday,

March 16 and April 20. Chapter will con-

tinue to work on combating Hate Crimes.

Contact Simba Kenyatta, 408/476-4873

for further information.

Sonoma County Chapter Meeting:

(Usually third Wednesday) Meet on

Wednesday, March 17 and April 21 at

7:30 PM at the Peace and Justice Center,

540 Pacific Avenue, Santa Rosa. Call

Steve Thornton at 707/544-8115 for fur-

ther information.

Yolo County Chapter Meeting:

(Usually third Thursday) Meet on

Thursday, March 18 and April 15. For

more information, call Cathy Dooley at

916/753-6696 or the Chapter Hotline at

916/756-ACLU. The Yolo County

Chapter will hold a Civil Liberties

Forum the end of March; there will be a

potluck dinner and new members are

encouraged to attend. For more informa-

tion, call Cathy Dooley at the number

above.

Field Action Meetings

(All meetings except those noted will be

held at the ACLU-NC Office, 1663

Mission Street, 460, San Francisco.)

Student Outreach Committee: Meet

on Saturday, March 20 and April 10 from

10:30 AM to 12:00 PM. Contact Marcia

Gallo at ACLU-NC 415/621-2493, for

additional information.

Police Practices Committee Meeting:

Meet on Saturday, March 20 from 10:00

AM to 11:30 AM. Contact Nancy Otto at

ACLU-NC 415/621-2493 for additional

information.