vol. 62, no. 2

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NEWSPAPER OF THE AMERICAN GIVIL pads tadalasd UNION oF NORTHERN GCALIFORNIA


aclu news.


SPRING 1998


Non-Profit


Organization


US Postage


PAID


Permit No. 4424


San Francisco, CA


Pinel a 41 |


NEW PUBLICATION


Reaching for the Dream:


Profiles in Affirmative Action


en a college recruiter came to


Raquel Arias' high school in rural


Kingsburg, the career counselors


told him, "Our Mexicans don't want to go to


college." It took a second trip to the farm-


worker community before the recruiter


was able to hand an application to Arias.


Today, the former San Joaquin Valley farm-


worker is a top surgeon and a USC gynecol-


ogy professor who was recently appointed


to the Medical Board of California, the elite


agency that oversees licensing of all the


state's doctors. |


Dr. Arias is one of the Californians pro-


filed in a new publication Reaching for the


Dream: Profiles in Affirmative Action


which was launched on March 16 at press


conferences at the ACLU offices in San


Francisco and Los Angeles.


Governor Wilson has targeted for elimina-


tion or curtailment citing their purported


violation of Proposition 209.


"We wanted to put a human face on the


sometimes abstract question of affirmative


action," said ACLU-NC Public Information


Director Elaine Elinson, an editor of


Reaching for the Dream. "We wanted


Californians to understand affirmative


action through the voices of people whose


lives have been changed by these invalu-


able programs."


A coalition of civil rights groups is dis-


tributing the booklet to media outlets and


community groups throughout the state.


The programs are now under attack in


legislation by Assembly member Bernie


Richter (R-Chico), AB 1700, which is due


to be heard in the Assembly Judiciary


The booklet describes the 31 statutes | Committee on April 21, and similar legisla-


and related state-funded programs that


Korematsu Honored


with Medal of Freedom


In January, Fred Korematsu was honored with the Medal of Freedom, the country's


highest civilian award, at a White House ceremony. As a tribute to Fred Korematsu


and his enduring courage, ACLU-NC Executive Director wrote the. following


"Perspective," which was aired on KQED-FM in February:


his week, as we commemorate the |


Day of Remembrance, marking 56 |


years since the Executive Order |


was issued during World War II which |


in the advancement of civil rights in this


country.


It was a long journey from Fred


Korematsu's incarceration in a local jail,


resulted in the incar- to concentration


ceration of more than camps, through the


110,000 Japanese darkest days of


Americans, we should


stop and reflect on the


journey of a true hero


of the civil rights move-


ment, Fred Korematsu.


- The way I've heard


the story is that in


June of 1942, Fred


Korematsu, a 22-year-


old draftsman, was


locked up in the


Oakland Jail, when he


was surprised to learn


that he had a visitor. It


turned out to be a


stranger, by the name


of Ernest Besig. |


Besig, who was then the Executive |


Director of the ACLU of Northern


California, had read an article in the local


paper about a U:S. citizen of Japanese


descent who refused to go quietly to the


internment camps. He clipped the article


and drove to the jail to meet Fred


wartime anti-Japan-


ese hysteria, all the


way to the US.


Supreme Court. His


-brave challenge to


the government's


decision to intern


Japanese Americans


_. was rejected then by


S S the high court; his


|= conviction for refus-


sing to obey was


= upheld. It was a jour-


ney so painful, that


for decades he could-


n't even share these


events with his own children. Yet forty


years later, with that same sense of jus-


tice and courage, he decided to reopen


the case; and, in 1988, won a successful


reversal of his conviction.


This long journey made the short walk


to the podium last month, to accept the


Medal of Freedom from the President of


Korematsu and to offer the ACLU'S assis- the United States, a sweet irony. Once


tance in representing him. | denounced as an enemy alien, today Fred


Who could have known on that sum- | Korematsu is the recipient of the highest


mer day that Fred Korematsu's resis- civilian honor for his courage in trying to


tance, born out of some very basic sense force a nation, even during a time of war,


of justice, and his meeting with Ernie | to adhere to the principles of the Bill of


Besig, would create a significant chapter Rights.


Fred Korematsu at the 1995 Bill of


Rights Day Celebration.


INSIDE:


Continued on page 4


_ Melissa Noel, a sophomore at Chico State University, accompanied by her sister


Amber (right) and other students from the American Indian Early Childhood


Education Program, told a crowded press conference at the ACLU office about the ben-


efits of the innovative program - now targeted for elimination by Governor Wilson.


Congress Restores


SSI to Immigrants


undreds of thousands of elderly,


Hoi: and disabled legal residents _


and |


hunger without Supplemental Security |


Income (SSI) benefits have been assured |


of their right to receive public assistance -


who faced homelessness


thanks in part to a lawsuit challenging fed-


eral legislation that would have purged


legal immigrants from the SSI rolls.


After the ACLU-NC and a coalition of |


civil rights attorneys filed the class action _


lawsuit Sutich v. Callahan in U.S. District


Court in March, 1997, Congress restored |


SSI benefits to most legal residents as part |


of the Balanced Budget Act. In December -


the Social Security Administration subse-


quently issued instructions to allow those


noncitizens to receive their benefits. As a


result, Sutich was dismissed without preju-


dice on January 18. The ACLU suit, filed in


conjunction with other civil rights organi-


zations and cooperating attorneys from


Heller Ehrman White and McAuliffe, mir-


rored multiple lawsuits filed throughout


the country.


Attorney Judith Gold of Heller said, "It


is a-great relief that this anti-immigrant


legislation has been repealed. This success


can be credited in no small way to the


plaintiffs who had the courage to tell their


personal stories to the public."


- The Sutich case was filed on behalf of


legal residents who receive subsistence-


level SSI benefits because they cannot


work due to advanced age or disability.


The plaintiffs were being denied SSI bene-


fits or would have been purged from SSI


rolls as a result of the so-called "welfare


pound997 ACLU-NC ANNUAL REPORT


`Pacific American Legal


reform" bill passed by Congress and signed


by President Clinton in 1996. More than


forty percent of those who would have been


affected live in California.


The lawsuit charged that Section 402 of


the Personal Responsibility and Work


Opportunity Act of 1996 violated the con-


stitutional rights of indigent legal resident


immigrants by unfairly barring them from


receiving SSI because of their non-citizen


status.


ACLU-NC managing attorney Alan


Schlosser said, "Congress corrected unjust


legislation which would have threatened


the lives of full-fledged members of our


society, many who were welcomed to this


country under U.S. national immigration


policies like family unification, worker


recruitment, and refugee asylum."


The case was litigated by cooperating


attorneys Judith Z. Gold, Paul W.


Sugarman, Roger W. Doughty, Thomas P.


Brown, Robert Mahnke and Jeff Hessekiel


of the San Francisco law firm Heller,


Ehrman, White and McAuliffe; ACLU-NC


attorneys Alan Schlosser and Edward


Chen; ACLU National Immigrants' Rights


Director Lucas Guttentag; Yolanda Vera


and Linton Joaquin of the National


Immigration Law Center; Victor Hwang


and Gen Fujioka of the National Asian


Consortium;


Gerald A. McIntyre and Herbert Semmel of


the National Senior Citizens Law Center;


Melinda Bird and Giocando R. Molina of


Protection and Advocacy, Inc.; and Robert


Rubin of the Lawyers' Committee for Civil


Rights.


esponding to a warning from the


ACLU that mandatory use of


unfiltered or a filtered computer to both


adult and minor library patrons. Minors do


not need parental consent to use an unfil-


tered computer.


The resolution came less than a week


after the National ACLU and the ACLU affil-


iates of Northern and Southern Cali-fornia


told Kern County officials that the organiza-


tion would take legal action if they did not


remove Internet filtering software from


public library computers within 10 days.


"This is a victory for free speech


rights," said ACLU-NC staff attorney Ann


Brick. "Web sites accessed from a library's


computer are just like the books on a


library's shelves. The Constitution pre-


vents the government from censoring


either one."


The controversy began in July 1996,


after the Kern County Board of Supervisors


passed a resolution to block on-line mater-


ial defined under California state law as


"harmful to minors." Upon learning that


the Board's solution involved installation


of a filtering program called "Bess," the


ACLU contacted county officials.


Although developers of Bess software


had earlier informed the Board that they


could not customize the software to only


filter "harmful matter" as defined by


the California Penal Code, the Board went


ahead with the program. Only after hear-


ing from the ACLU did the Board go back


BY KELLI EVANS


STAFF ATTORNEY


lived together for several years as


domestic partners. At the inception


of the relationship, Wagner already had a


isa Wagner and Kathleen Crandall


the relationship, Wagner and Crandall


jointly decided to have a second child.


Wagner gave birth to the child and


Crandall participated in the birth.


Crandall's surname was given to the child


and Crandall and Wagner continued to live


together and share parenting activities for


several years following the second child's


birth. The women jointly raised the chil-


dren for eleven years.


When the couple separated, both chil-


dren remained with Wagner. However,


Crandall continued to visit regularly with


both children, with whom she shared a lov-


ing parental relationship and a deep


attachment. But disputes between Wagner


and Crandall eventually led Wagner to cut


off her former partner's contact with the


children.


In every sense of the term, Crandall


was the children's de facto parent. Under


current law, however, if the de facto par-


ent's relationship with the child's legal par-


ent terminates, the de facto parent has no


standing to #initiate# custody or visitation


proceedings. Instead, she must wait for


someone with standing to bring a proceed-


Internet filtering software could |


result in a lawsuit, on January 28, Kern |


County agreed to provide a choice of an |


|


three-year-old child. During the course of |


|


Kern County


_ Library Removes


Internet Filters


to the makers of Bess and ask - unsuccess-


fully - that the company "refine" the soft-


ware.


Among the web sites the software


blocked were political sites such as those


advocating drug policy reform and the site


of Hate Watch, an organization dedicated


to working to eliminate bigotry.


"We applaud the Board of Supervisors'


decision to honor the First Amendment


rights of Kern County readers by changing


its library Internet access policy to allow


all adult and minor patrons to decide for


themselves whether to access the Internet


with or without a filter," said national


ACLU staff attorney Ann Beeson, in a letter


to the County counsel.


Beeson also urged the libraries to (c)


clearly mark filtered and non-filtered ter-


minals so that patrons can make informed


decisions about which terminal to use, and


to place terminals for maximum privacy.


The filtering issue has drawn many cities


across the country into a national debate


about whether library systems should limit


what people can see on the Internet.


On the other side of the country, the


National ACLU has intervened in a lawsuit


on behalf of on-line speakers, including


San Francisco Examiner columnist Rob


Morse, whose web site has been filtered


out of local library computers in Loudon


County, Virginia.


"Libraries are our nation's storehouses


of knowledge," said Brick. "Their mission


is to make that knowledge available to


young and old alike. Filters are fundamen-


tally antithetical to that mission."


ACLU Joins


Landmark Lesbian


Custody Case


ing (such as the juvenile court, a grandpar-


ent, or a stepparent). However, if no one


else initiates the proceeding, and the par-


ent with the legal claim to the child forbids


further contact, the de facto parent has no


alternative but to withdraw from the


child's life.


In search of a forum to raise her cus-


tody/visitation claims, Crandall filed an


action under the Probate Code for


Guardianship. In a landmark ruling, an


Alameda County trial judge recognized


that a de facto parent may be entitled to a


limited form of personal guardianship in


order to obtain visitation rights to chil-


dren. The court granted jurisdiction and


held the first lesbian co-parent


custody/visitation trial in California histo-


ry. However, Crandall lost her visitation


battle due to latent homophobia and the


misapplication of current law. She


appealed the decision to the First District


Court of Appeal. :


The ACLU of Northern California,


along with the National Center for Lesbian


Rights, filed an #amicus# brief with the


appellate court which argues that the de


facto parent doctrine protects a lesbian co-


parent's right to maintain a relationship


with children for whom she has shouldered


all the responsibilities of parenthood. In


turn, the brief argues that de facto parents


must be provided a fair forum in which to


raise their claims. and


Ballot Initiatives = Vote on June 2


PROPOSITION 226 - VOTE NO


PROPOSITION 227 - VOTE NO x


Don't End Bilingual Education - NO on 227


This measure, authored by Ron Unz, a Silicon Valley millionaire who has publicly


admitted that he has never stepped foot in a bilingual education classroom, would jeop-


ardize teachers who assist students in their home language and deny an equal educa-


tion to more than a million school children.


The untested Unz scheme would force children of all ages and all language back-


grounds into a single classroom all day for one year with a teacher who would be pro-


hibited by law - and under threat of a lawsuit - from teaching any of them in their


own language.


The ACLU-NC Board of Directors voted to actively oppose Proposition 227 because:


- it discriminates against language minorities and immigrants and has a dispro-


portionate impact on racial minorities. The law will have a severe and detrimental


impact on Latinos and Asians who make up the vast majority of limited English profi-


cient students in the California public schools. In Lau v. Nichols the Supreme Court.


found San Francisco's failure to provide special assistance to immigrant students vio-


lated Title VI of the 1964 Civil Rights Act which prohibits recipients of federal funds


from discrimination against racial and national origin minorities.


- it would harm the educational opportunities of immigrant children. The most


comprehensive study of bilingual education by the National Research Council shows


that children learn best (English as well as other subjects) in longer-term transition-


al bilingual education programs where students make a gradual transition into all-


English courses over several years. As the U.S. Supreme Court stated in Law,


"students who do not understand English are effectively foreclosed from any mean-


ingful education."


- it would violate the due process rights of parents. The burdensome and intimi-


dating process of obtaining a waiver for bilingual education would make it difficult, if


not impossible, for many parents, especially those with immigration documentation


problems, to assert their rights.


- it feeds into and fortifies a climate of racism and anti-immigrant scapegoat-


ing. The Proposition 227 campaign of misinformation, stereotypes and distortions of


statistics and the law, is another step on the downward continuum of Proposition 187,


Proposition 209 and the federal immigration and welfare "reforms." The initiative is


also related to the broader "English-only" movement, which is predicated on the


notion that multiple language services provided by the government constitute a


threat to the stability of the American society - a premise that the ACLU has long-


sought to expose as false and oppose in practice.


The ACLU is actively involved in the campaign to defeat the Proposition 227. Coalitions


are meeting in San Francisco and other communities to build the grassroots effort to


stop this measure.


Stopping Union Political Activity -Noon226 +3 -


_ The ACLU-NC Board of Directors, on the recommendation of the Legislative Policy


Committee, voted in March to oppose Proposition 226 for the following reasons:


The initiative would establish a burdensome requirement that every member of a


union would have to affirmatively agree every year to have any portion of their union


- dues used for political activity.


Currently, an individual can choose not to pay dues to the union, except for the


costs for representation in the collective bargaining process. ACLU supports this right


of indviduals to "opt out," i.e., not have dues spent on political issues on which they dis-


agree, 5


Proposition 226 turns this around and requires every union member every year to


reauthorize the union to speak on their behalf. It would institute a complex bureaucra-


cy of authorization and forms, which the ACLU-NC believes will result unreasonable


limitations on speech.


The burdensome requirements of Prop. 226 were designed to-and will- severely


limit a union's ability to organize and speak out on behalf of its rank-and-file members,


thereby silencing less powerful voices in the political process. In addition, the require-


ments directly interfere with democratic rights of the union, which the ACLU has long


supported.


For more information or to join the campaigns to stop these initiatives,


call Field Representative Lisa Maldonado at 415/621-2493 ext. 46.


oe : AGLU News = Sprinc 1998 = Pace 2


Court Allows Open


Meeting Lawsuit


Against Governor,


Regents for Anti-Affirmative


n March 11, the California Court of


(ines ruled that an Open Meeting


Act lawsuit against Governor


Wilson and the U.C. Regents could proceed


as there is information to support plain-


tiffs' claim that the Governor and Regents


broke the law.


"This ruling is a victory for the public's


right to know," said ACLU-NC attorney Ed


Chen.


The suit was initiated in February


1996, when student reporter Tim Molloy,


and the UC Santa Barbara student newspa-


per, The Nexus, charged that Governor


Wilson and the Regents violated the Bagley


Keene Open Meeting Act by secretly lock-


ing up the votes of a majority of Regents


through a series of private phone conversa-


tions prior to the July 20, 1995 meeting at


which the Board voted to approve resolu-


tions abolishing affirmative action at the


University.. The students are represented


by the ACLU affiliates of Southern and


Northern California, the First Amendment


Project and others.


The Governor and Regents sought to


have the suit, Molloy v. UC Regents, dis-


missed on procedural grounds. The trial


court refused to do so, and the Court of


Appeal's decision affirms that ruling. The


decision will allow the plaintiffs to take


depositions regarding the Governor's and


Regents' alleged wrongdoing. It also pro-


tects the ability of citizens and newspapers


to challenge official wrongdoing in the


future by seeking a determination from the


court that the Regents violated the law.


The decision does not, however, allow Molloy


Action Vote


to obtain a remedy of nullification of the UC


Regents vote on affirmative action,


because his suit was filed after the 30-day


statute of limitation.


ACLU-SC attorney Dan Tokaji said,


"This ruling means that Governor Wilson


and the Regents will have to stop


stonewalling, and disclose information


that should have been made public months


ago."


ACLU Asks S.F. Mayor to


Ensure City Employees'


Speech Rights


Willie Brown, ACLU-NC Managing


Attorney Alan Schlosser asked the


Mayor to issue a directive to ensure that


"city employees who wish to exercise


their constitutional rights may do so with-


out fear of reprisal."


The ACLU demand was prompted ini-


tially by a complaint to the ACLU about a


Muni restriction limiting employee con-


tact with the media. Schlosser noted


that in a letter from Muni chief Emilio


Cruz, he was informed that Cruz had clar-


ified the policy to apply only to those


comments that employees make as Muni


[: a letter to San Francisco Mayor


representatives and not as individuals.


"However, it seems that city employees in


other departments are burdened by simi-


larly overbroad policies which restrict


their free speech rights,' Schlosser


wrote.


Because statements by city officials


quoted in the media conflict with the First


Amendment, Schlosser urged the Mayor to


issue a directive to all city departments


which makes it clear that public employ-


ees who are speaking as individuals and


not on behalf of the city have the same


right to discuss public affairs with the


media as any other citizen.


Chen and Lobaco Honored


wo ACLU-NC . staff members,


[eet Director Francisco


. Lobaco and staff attorney Ed Chen,


were honored recently for their outstand-


ing efforts for civil liberties.


On March 26, Lobaco was honored by


the Society of Professional Journalists


with the James Madison Award for his


work on a bill which would have restored


the media's right to interview California


prisoners face-to-face. The award was


presented to him at SPJ's annual awards


dinner held at the Fort Mason Officer's


Club in San Francisco.


Due in large part to Lobaco's lobbying


efforts, the bill passed with a majority vote


in both houses, however, Governor Wilson


vetoed the measure. The bill attempted to


reverse the California Department of


Correction's (CDC) 1996 ban on face-to-


face interviews with specified prisoners


and corifidential mail between media and


all prisoners claiming "security concerns."


Falsely Detained


Teen Can't Get


Damages Under


Civil Rights Law


py Maria ARCHULETA


n January 29, the California


O Supreme Court ruled that a sixteen-


year old African American who was


unlawfully detained by retail store employ-


ees cannot receive damages or attorneys


fees for the violation of his civil rights


because a private entity, not the govern-


ment, committed the violation.


The ACLU-NC filed an amicus brief in


Jones v. K-Mart on behalf of the innocent


teenager, arguing that California Civil


Code extends constitutional rights, such as


protection against unreasonable searches


and seizures, to private entities as well as


to the government.


K-Mart employees forcibly search-ed,


detained and handcuffed the teenager as


a suspected shoplifter which left him with


lingering back and neck problems. After


the humiliating and painful struggle, the


employees realized that he had not stolen


anything and released him before the


police arrived. The young man then sued


the store.


A jury decided that the employees did |


not discriminate against the plaintiff


because of his race, but that they did vio-


late his constitutional rights. He was


awarded damages and attorneys fees


under California's Bane Act which explic-


itly states that private parties need not be


acting under the "color of the law" for


their conduct to be considered in viola-


tion of constitutional protections when


they act in an intimidating or coercive


manner.


K-Mart appealed the jury award and


the California Court of Appeal reversed


the ruling. When the young man appealed


to the California Supreme Court, the


ACLU-NC filed a friend of the court brief.


ACLU Managing Attorney Alan Schlos-


ser said, "Both the plain statutory language


and the legislative history showed an


intent to broaden constitutional protec-


tions so that Californians are protected


from intimidating and coercive actions by


private as well as state actors. The Court's


narrow interpretation represents an


unwarranted judicial rewriting of this


important civil rights statute."


ACLU News = Spring 1998 = Pace 3


On February 27, the Asian American Bar


Association (AABA) of the Greater Bay


Area honored Ed Chen with the 1998 Joe


Morozumi Award for Exceptional Legal


Advocacy. The award was presented by


Jeff Adachi of the San Francisco Public


Defender's Office at the AABA's 20th


Annual Installation Dinner at the Empress


of China restaurant in San Francisco.


Chen was part of the legal team that


challenged the legality of Proposition 209


in Coalition for Economic Equity v..


Wilson and authored the ACLU's amicus


brief to the U.S. Supreme Court in


Croson v. Richmond, in support of a city


minority contracting program. He is


nationally known as an expert on lan-


guage discrimination and has litigated


numerous cases involving English-only


workplace rules, accent discrimination,


government restrictions on foreign lan-


guage business signs and the constitu-


tionality of laws proclaiming English as


the official language. Hf


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Continued from page |


tion by Senator Quentin Kopp (J-San


Francisco). Reaching for the Dream has


been distributed to all members of the |


state Legislature so that they will be aware


of the value of the threatened programs. _


This 32-page booklet provides thumb-


nail sketches of all of the threatened pro-


grams - ranging from the California


Academic Partnership Program, which has


provided more than 130,000 K-12 students


with mentoring, to the programs that pro-


vide opportunities for women- and minori-


ty-owned businesses at the state and local


level.


The legal and policy discussion,


Affirmative Action: Still Fair, Still


Necessary, compiled by some of the leading


civil rights lawyers in the state, explains


that these programs help to remedy dis-


crimination: They give no preferences to


anyone but provide opportunities for thou-


sands of Californians to reach for their


dreams.


At the heart of Reaching for the Dream


are the moving personal profiles of the peo-


ple whose lives have been changed by affir- |


mative action in California. In addition to


Dr. Arias, they include:


Maidu students from the Yuba County


American Indian Early Childhood


Education Program (ECE) - credited


with helping achieve a dramatic reduction


in the area's high school dropout rate |


PUBLICATION ORDER FORM


Name


Reaching for the Dream...


through an innovative mix of computer


training and Native American arts. This


unique program, which is targeted for


elimination by Assemblyman Richter's bill,


is in Richter's district, yet he has never vis-


ited it.


Rosa Manriquez, the daughter of a


Mexican immigrant restaurant worker


whose junior high school grades were sink-


ing fast when she was invited to join a spe-


cial summer academic program for


Hispanics in Oakland, part of the


California Student Opportunity and


Access Program. Her grades and aspira-


tions soared. The first person in her family


to graduate from high school, she is now a


freshman at UC Berkeley with a full schol-


arship.


L.J. Dolin, Jennifer Stafford and


Debra Tudor, three of the handful of |


women in the Elevator Union, Local 8, who


fought discrimination and harassment to


-enter this once-closed trade. One had the


highest grade point average among the 200


graduates in her Army mechanics school


yet had to spend five years trying to get


hired in the elevator repair industry. They


are convinced that without affirmative


action other women will not have the same


chance.


Derek Smith, a 31-year old African


American contractor who has worked on


numerous construction projects, including


Single copies are available at $3.;


Bulk orders are $25 for each order of ten.


Please send me copies of Reaching for the


Dream: Profiles in Affirmative Action.


I have enclosed a check for $


(Please make checks payable to ACLU-


NC/Publications)


Organization.


Address


City.


Daytime telephone


State Zip


(in case we have questions about your order)


Mail to Reaching for the Dream %ACLU of Northern California,


Chapter Meetings


(Chapter meetings are open to all interested members.


Contact the Chapter activist listed for your area.)


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


sington) Chapter Meeting: (Usually fourth


Thursday) For more information, time and address of


meetings, contact Jim Chanin at 510/848-4752 or


Rachel Richman at 510/540-5507.


Fresno Chapter Meeting: (Usually fourth Tuesday).


Please join our newly-reorganized Chapter! Meetings are


held at 7:00 PM at the Fresno Center for Non-Violence.


For more information, call Bob Hirth 209/225-6223


(days).


Lesbian and Gay Rights Chapter Meeting:


(Usually first Thursday) For schedule of meetings or more


information, contact Steve Zollman at 510/845-7108.


Marin County Chapter Meeting: (Usually third |


Monday) Meet at 7:30 p.m. at the Corte Madera Town


Center, Community Meeting Room. For more information,


contact Kerry Peirson at 415/383-3989.


1663 Mission Street, Suite 460, San Francisco, CA 94103.


Mid-Peninsula Chapter Meeting: (Usually fourth


Thursday) Meet at 7:00 PM, at 460 South California


Avenue, Suite 11, Palo Alto. For more information, con-


tact Ken Russell at 650/325-8750.


Monterey County Chapter Meeting: (Usually


third Tuesday) Meet at 7:15 PM, Monterey Library. For


more information, contact Richard Criley at 408/624-


7562.


North Peninsula (San Mateo area) Chapter


Meeting: (Usually third Monday) Meet at 7:30 PM, at


700 Laurel Street, Park Tower Apartments, top floor. For


more information, contact Marshall Dinowitz at


415/595-5131.


Redwood (Humboldt County) Chapter


Meeting: (Usually third Thursday) Meet at Chan's at


359 G Street in Arcata at 7:00 PM. For information on


upcoming meeting dates and times, contact Christina


Huskey at 707/444-6595.


Sacramento Valley Chapter Meeting: (Usually


first Wednesday) Meet at 7:00 PM at the Java City in


Sutter Galleria (between 29 and 30, J and K Streets) in


the renovation


of San Francis-


co's "Crookedest


Street in the


World." This


Stanford gradu-


ate credits the


Minority Busin-


ess Enterprise


program with


giving him the


notice and op-


portunity to


make a name for


his new compa-


ny in a white


male-dominated


industry. He


now employs


young black men


and women from


Bayview/Hunters


Point.


Cecelia Blanks, a former welfare recip-


ient and single mother from San Diego who


. got her master's degree and now teaches


college and counsels students facing simi-


lar hardships. Extended Opportunity


Programs and Services (EOPS) helped


make her transition possible. ~


Fred Lau who passed the police acade-


my's tough written exam but was told that


a5 foot, 7 1/4-inch man couldn't be a police


officer because, among other things, his


baton "would drag on the ground." Today


he is the Chief of Police of San Francisco,


one of the state's most diverse depart-


ments.


Lisa Campbell, a Chino Hills


Republican who founded an environmen-


tal cleanup company. With good-faith


efforts to seek out women subcontractors


required by government, Campbell at one


time received up to 50 job notices a week.


Elevator-repair worker Debra Tudor, flanked by fellow elevator work-


ers Jennifer Stafford (standing left) and L.J. Dolin (standing right)


spoke of continuing discrimination against women in the trades.


After 209 passed, she was told, "We don't


have to take your bid. There's no more good


faith effort."


The moving and colorful profiles were


written by Peter Y. Sussman, immediate


past president of the Northern California


Chapter of the Society of Professional


Journalists and a former San Francisco


Chronicle editor. The booklet also includes


an introduction by ACLU-NC Board mem-


ber David B. Oppenheimer, an Associate


Professor of Law at Golden Gate University.


The editorial board included contributors


from the ACLU affiliates of Northern and


Southern California, Equal Rights


Advocates, Lawyers' Committee for Civil


Rights and others. The booklet, which is a


project of a consortium of a dozen civil


rights organizations, was published with


generous assistance from the van Loben


Sels Foundation. @


The ACLU of


Northern California


Sacramento. For more information, contact Ruth Ordas


at 916/488-9955.


San Francisco Chapter Meeting: (Third Tuesday)


Meet at 6:45 PM at the ACLU-NC Office, 1663 Mission


Street, Suite #460, San Francisco. The San Francisco


Board would like to welcome and talk to new chapter


members at the New Members Party on Friday,


April 3, from 7:00 to 9:00 p.m. Special Guest:


Sue Bierman. For more information, call the Chapter


Information Line at 415/979-6699.


Santa Clara Valley Chapter Meeting: (Usually


first Tuesday) Meet at 7:00 PM at the Community Bank


Towers, Ist Floor Conference Room, 111 West St. John


Street, San Jose. For further chapter information contact


Jon Cox at 408/293-2584.


Santa Cruz County Chapter Meeting: (Usually


third Monday) Meet at 7:15 PM. For more information,


contact Dianne Vaillancourt at 408/454-0112.


Sonoma County Chapter Meeting: (Usually third


Tuesday) Meet at 7:30 PM at the Peace and Justice Center,


540 Pacific Avenue, Santa Rosa. Call Judith Volkart at


Be) Maia a yaaa


NEWS FROM


Oe waaay


u can find press


Yolo County Chapter Meeting: (Usually third


Tuesday) Meet at 7:30 PM, 2505 5th Street 154, Davis.


For more information, call Natalie Wormeli at 916/756-


1900 or the Chapter Hotline at 916/756-ACLU.


Chapters Reorganizing


If you are interested in reviving the Mt. Diablo or


North Valley Chapter, please contact Field


Representative Lisa Maldonado at 415/621-2493.


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 to plan out:


reach activities. For more information, contact Nancy Otto


at 415/621-2006 ext. 37.


Student Advisory Committee: For more informa-


tion, contact Nancy Otto at 415/621-2006 ext. 37. i


| ACLU News = Sprinc 1998 = Pace 4


of the ACLU of


Northern California,


Dorothy M. Ehrlich


Executive Director


Dick Grosboll


Chair


American Civil Liberties Union of


Northern California


1663 Mission Street #460


San Francisco, California 94103.


www.aclunc.org


OD he report which follows is a lively account of the intense activities


which the ACLU-NC engaged in during 1997, where the organization


battled on the forefront of nearly every significant civil liberties issue of


the day.


The theme for this year's report is most appropriately represented by (c)


the Chinese word for "crisis." The word is made of two characters:


danger and opportunity, which so aptly describe our response to the for-


midable challenges which confronted us this year.


What is most remarkable about our response this year to the "crises"


- from our legal defeat in our effort to have Proposition 209 declared


unconstitutional to the onslaught of attacks on the poor and on immi-


grants to homophobic attacks on teachers by local religious right


activists - is the depth of our capacity to strike back at each one of ~


these attacks on the most vulnerable members of our society.


Because of your support, the ACLU-NC has grown considerably over


the years, providing us with the resources we need to develop extraordi-


nary new programs: our Howard Friedman First Amendment Education


Project, now in its sixth year, has reached tens of thousands of high


school students and is developing student civil liberties leaders who will


take us into the next century; our a new northern California web site:


WWW. ACLUNC.ORG; and our decision to add a Racial Justice lawyer


position to respond both to the aftermath of Proposition 209 as well as


to help support our new Race and Criminal Justice Project which focuses


on challenging the disproportionate number of people of color in jails,


prisons and juvenile facilities throughout our state.


The growth of these new programs allows us to think in a much


more comprehensive and strategic way about the most vexing and dis-


_turbing trends confronting civil libertarians. As we aim to educate the


public and policy makers, as well as to develop legal and field organizing


strategies, the ACLU-NC has never been better prepared to respond to


these "dangers" and to genuinely turn them into opportunities for


action.


These opportunities stretch us to think through whole new issues


and approaches - such as our role in the first challenges to the intro-


duction of "filtering" software, clumsily designed to severely limit what


is available to young people on the Internet in school and public


libraries. Or the burgeoning movement, in response to our landmark


victory in the California Supreme Court guaranteeing the right of young


women to access to abortion without parental consent, to repeal that


right through a ballot measure.


These dangerous times also provide a rich environment for opportu-


nities to collaborate with so many of our allies: the cooperating attorneys


who give so generously to the ACLU-NC, our coalition partners; our sis-


ter ACLU affiliates here in California as well as our national office; our


16 local chapters, our ACLU student activists; and especially with you,


tne people who support the ACLU of Northern California.


When you read the report which follows, we hope you will share our


pride 1m the innovative ways that the ACLU-NC is responding to the


Challenges brought forth by "crisis."


1997 ACLU-NC ANNUAL REPORT


Ya


of the


5. Legal Docket


Ve you look at Highlights of our Legal Docket you will understand why we have taken


the Chinese character for "crisis" as our theme this year. The word is made of two other char-


acters: danger and opportunity. In 1997, we faced serious dangers to civil liberties and, as an


organization, we have turned them into opportunities to preserve our rights.


Some of the challenges we faced this year were born out of dangers on a national level -


an unprecedented assault on affirmative action following the passage of Proposition 209, wel-


fare reform legislation coupled with renewed assaults on the rights of the poor, laws to censor


the newest arena of expression: cyberspace.


We met these challenges with vision and determination - and some success. We won a


landmark victory in the California Supreme Court securing the right of young women to


choose an abortion without parental or judicial consent. That victory means that California -


where the teen pregnancy rate is the highest in the country - is


one of just a few states where teenagers' reproductive rights, and


their physical and mental health, are protected.


We have also been able to turn back attempts to stifle freedom


of expression both in cyberspace, where federal legislation and local


measures aimed to stem the free flow of information, and in class-


rooms, where teachers were threatened with loss of credentials for


allowing their students to discuss lesbian and gay issues.


Another crisis - the passage of Proposition 209, continues to


haunt us. Our litigation to stop this anti-affirmative action measure


from being implemented was successful in the District Court, but


was rejected by the Court of Appeals and later by the U.S. Supreme


Court which refused to hear the case. Our arguments supporting


equality for women and minorities resonated powerfully through-


out the state, though, and our new battles will take place in many


courts where different cities and agencies seek to defend their pro-


grams, in the Legislature and in the court of public opinion.


We face new challenges because of today's economic hardships


and political scapegoating. The rights of the homeless, of immi-


grants, of welfare recipients, of prisoners, of the chronically ill -


as well as the free expression rights of a new generation of activist


students and others who would protest today's injustices - are


under attack. We face new challenges when technology allows


police to train high-powered cameras on people reading the news-


paper on a park bench or to compile statewide "gang" databases of


young people based simply on their race or style of dress.


Our innovative legal work takes us from school boards to the


Supreme Court as we seek justice in these dangerous times.


In 1997, the ACLU-NC Legal Department was directed by


Managing Attorney Alan Schlosser and staffed by lawyers Ann


Brick, Edward Chen, John Crew, Margaret Crosby and Kelli Evans.


The staff attorneys were ably assisted by Frances Beal and Leah


Nestell.


In addition, the national ACLU Immigrant Rights Project,


directed by attorney Lucas Guttentag, maintains a center in our


affiliate office. The presence of this project informs and supports our own work in the crucial


arena of immigrant and refugee rights.


The Legal Department also oversees the work of the Complaint Desk. The Desk, staffed by


a dozen volunteer counselors, receives more than 200 calls and letters each week from people


who feel their rights have been violated. Advised by the staff attorneys and law students who


clerk for the ACLU-NC during the year, these lay counselors screen requests for assistance and


often provide the advocacy needed to resolve particular grievances.


We share the accomplishments of our legal program with more than 100 dedicated lawyers


who donate their services to the ACLU-NC as cooperating attorneys. Almost half of our cases


this year were handled by cooperating attorneys working with staff counsel. Without their


expertise and advocacy the ACLU-NC would not be able to address many pressing civil liber-


ties issues. A list of the 1997 cooperating attorneys and firms is on page 19.


Though we cannot describe every one of our current cases, we summarize here the high-


lights of our legal docket - and the opportunities we found to preserve civil liberties in these


dangerous times.


AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA


in Cyberspace


1997 was a breakthrough year for the


First Amendment in cyberspace. In


response to an ACLU challenge, in June


the U.S. Supreme Court struck down


the Communications Decency Act


(CDA) ina resounding victory for First


Amendment rights. The high court


upheld a Court of Appeals decision


which stated, "As the most participatory


form of mass speech yet developed, the


Internet deserves the highest protection


from governmental intrusion."


The suit, ACLU v. Reno, was filed


in federal district court shortly after


Congress passed the law in 1996. It


was brought on behalf of a score of


individuals and organizations that pro-


vide information via


PROTECTING FREEDOM OF


EXPRESSION


On work to protect freedom of expression took


place in many arenas in 1997 - from cyberspace


to the local Farmers' Market in Davis. Our liti-


gation protected the free speech rights of doctors


and patients who wished to discuss medical mari-


juana without the threat of federal prosecution,


journalists attempting to cover San Quentin exe-


cutions without restrictions and teachers who


allowed their students to ask questions about les-


bians and gay men.


the Internet. The suit challenged the


law which would have criminalized


free speech on the Internet, making it


illegal to send or post anything consid-


ered "indecent," if the information


would be available to minors.


LiBRARY FILTERING SOFTWARE


Asserting that the use of filtering


software at public libraries is funda-


mentally inconsistent with the role of a


library as a neutral storehouse of infor-


mation and in violation of freedom of


expression, the ACLU-NC has been


actively opposing the use of these sys-


tems in California.


In September, we were part of


strong opposition - including the City ~


Librarian - that persuaded the San


Jose City Council to reject a measure


that would have restricted children in


the city's libraries to computers with


filtering software.


At a public hearing on the propos-


al, the ACLU argued that filtering soft-


ware blocks a wide spectrum of speech,


including sites that may, for example,


provide life-saving information about


safe sex practices, abortion, resources


designed to help gay and lesbian teens,


as well as information about human


rights abuses, such as the use of rape


and sexual torture as tools of political


repression.


The ACLU-NC also succeeded in


opening up the Internet to Kern


County library users. After the ACLU


threatened to file suit, the Kern County


Board of Supervisors agreed to drop


mandatory filters for minors. The coun-


ty's new policy provides a choice


between filtered and unfiltered comput-


ers for both adult and minor patrons.


Kern County now joins libraries in


Santa Clara County and San Jose,


among others which have rejected


attempts to make libraries censors


rather than providers of information.


Staff attorney Ann Brick, who has


taken the lead on protecting freedom of


expression in cyberspace, states that


web-sites accessed from a library's com-


puter are just like the books on a


library's shelves, and the Constitution


prevents the government from censor-


ing either one.


RESTRICTING iMAGES


In yet another challenge to censorship


on the Internet, the ACLU-NC and the


national ACLU in October filed an


amicus brief in an appeal from a deci-


sion upholding the 1996 Child


Pornography Protection Act (CPPA),


which criminalizes publication


or transmission of non-


obscene images that


"appear to" portray chil-


dren involved in sexual


acts, even if the materials


- looking adults or computer


generated images. In


August, the U.S.


District Court upheld


the law.


The ACLU argues


that the CPPA criminal-


izes non-obscene materi-


als that do not involve


the participation of


minors. These materi-


als may well have seri-


ous literary, artistic,


political or scientific


value yet the language


used in the law restricts


writers, filmmakers and


other artists from even


using young-looking adults in their


work.


Talking about


Medical Marijuana


In May, the U.S. District Court issued


a preliminary injunction barring the


government from punishing doctors


who recommend the medical use of


marijuana to their patients. The


court's ruling in Conant v. McCaffrey


came in response to a class action law-


suit filed in January by the ACLU and


others on behalf of doctors and chroni-


cally ill patients suffering from AIDS,


cancer and other serious illnesses.


The Compassionate Use Act,


Proposition 215, was passed by 56% of


California voters in November 1996;


the new law provides immunity


for the possession or cultivation


of marijuana for a specific


group of seriously ill people


who use it on the recom-


mendation or approval of


their physician. However,


following the election, the


Drug Czar for the Clinton


adminstration, along


with Attorney General


Janet Reno and other


Cabinet leaders, threat-


ened to prosecute or


revoke the prescription


drug licenses of doctors


who recommended med-


ical marijuana to their


patients.


The lawsuit was filed to


stop the government from car-


rying out its threats. The lead


plaintiff, Dr. Marcus Conant, an


internationally renowned AIDS


specialist, argued that medical mari-


- juana worked "where other drugs


were produced using young-


fail...scores of studies support [this]


observation."


In issuing the preliminary injunc-


tion, the court ruled that "the govern-


ment's fear that frank dialogue


between physicians and patients about


medical marijuana might foster drug


use...does not justify infringing on


First Amendment freedoms."


The injunction will remain in


place while the remaining issues in the


case, including the plaintiffs' request


for a permanent injunction, are litigat-


ed. Under the order, doctors may dis-


cuss and recommend the medical use


of marijuana but cannot help patients


obtain the drug.


Witnessing


Executions


In December, the Ninth Circuit Court


of Appeals heard the ACLU argue that


when the state shields lethal gas execu-


tion procedures from the view of jour-


nalists and other witnesses it violates


the First Amendment.


The hearing in California First


Amendment Coalition v. Department of


Corrections, resulted from the


Department of Corrections appeal of a


District Court injunction barring |


prison officials from restricting jour-


nalists' access to San Quentin's lethal


injection executions.


In 1996, when William Bonin


became the first person in California to


be executed by lethal injection,


reporters and other witnesses to his


execution were prevented by prison


officials from observing the complete


execution procedure. Unable to offer


first-hand accounts of the entire


process, including the difficulties


prison officials admitted they encoun-


tered in inserting the IV needles, the


journalists could not thoroughly


inform the public on the state execu-


tion. Thus, the public had to rely sole-


ly on prison officials for information


about how the death penalty is being


implemented by this new method of


execution.


Following the execution, the ACLU


filed suit on behalf of journalists, news


organizations and First Amendment


advocates, asking the court to issue an


immediate injunction to prevent the


prison from imposing the restrictions


during subsequent executions.


In February, 1997, the


District Court issued the


injunction, ruling that


public witnesses -


including the media


- have a constitu-


tionally protected


right to observe


executions and


that there was


no evidence


that media


presence jeop-


ardizes prison


security or


the safety of


prison person-


nel ihe


Department of


Corrections


appealed.


The San


Quentin procedure,


the ACLU argues,


intentionally prevents


the witnesses from observ-


ing critical parts of the execu-


tion process and conceals from


public view actual and potential problems


in execution procedures. Therefore,


these policies and practices impede demo-


cratic discussion of the death penalty and


its implementation.


Rick ROCAMORA


Open Meetings


The California Supreme Court in July


refused a request by Governor Pete


Wilson and the U.C. Board of


Regents to dismiss


Molloy v. Regents of


the


issues in


unfair and dras-


tic welfare


University of California, a lawsuit


brought by a student reporter for the


U.C. Santa Barbara campus newspaper


charging the Governor and some


Regents with violating the state's Open


Meeting Act when they eliminated affir-


mative action in the university system


in 1995.


The suit, filed by the ACLU affili-


ates of Northern and Southern


California and the First Amendment


Project, charges that prior to the public


meeting at which the Regents abolished


affirmative action in admissions and -


employment at the University of


California, Governor Wilson initiated


private telephone conversations with a


majority of the Regents for the purpose


of obtaining a promise to vote in favor


of the resolutions, violating the Bagley-


Keene Act, which states that "all meet-


ings of a state body shall be open and


public."


Expression in the


Classroom


The ACLU-NC successfully represented


teachers in San Francisco and Alameda


who were threatened with having


their credentials revoked


because they allowed dis-


cussions about les-


bian and gay


issues. The chapters are:


Kensington Chapter


regula-


lobby elected officials and


speak to the media on civil liberties


Berkeley-Albany-Richmond-


1997 ACLU-NC ANNUAL REPORT


their classrooms. (For more complete dis-


cussion, see Rights of Students and


Teachers).


Marketplace of ideas


The ACLU-NC legal staff supported the


Yolo County Chapter's successful opposi-


tion to the city of Davis's attempt to


restrict political activity in the Farmers'


Market. The city wanted to impose a


"Market Socio-Political Activity Rule,"


whereby the Market Manager could pro-


hibit vendors from soliciting votes, finan-


cial support, or campaign efforts for any


political group without prior consent. In


addition, vendors would only be allowed


to wear clothing with "non-confronta-


tional expressions." Though threatened


with suspension from the market for not


complying with these "No-Speech Zone"


rules, the market vendors fought back


successfully and the Davis Farmers'


Market is now also a true


marketplace of ideas.


with a special presen-


tation from National ACLU


Field Coordinator, Bob Kearney


on Inside the Beltway: A


Report from Washington DC.


Bit oF RicHts Day


The Celebration, entitled "Oh


Freedom: A History of Struggle" was


held at the Sheraton Palace in San


Francisco in December. Our 1997 Ear!


Warren Award honoree was longtime


activist Frank Wilkinson, founder and


Executive Director of the National


Coalition against Repressive legisla-


tion. Wilkinson was honored for his


ie


ACLU-NC's_ innova-


tive Field program was


established in 1981 to involve


members in outreach, education,


grassroots lobbying and mobilization


on the most urgent civil liberties


issues of the day. The Field


Department is ready to mobilize


members quickly on whatever issues


arise: we began the year by success-


fully lobbying key congressional rep-


resentatives to defeat a proposed flag


amendment and a ban on late-term


abortion.


The Field Committee chose as pri-


orities Affirmative Action (post-Prop.


209) and Poverty/Welfare. Throughout


the year, ACLU member activists


worked in their communities to sup-


port local efforts to keep equal oppor-


tunity for women and people of color


and to monitor the impact of the new


welfare legislation on the civil liberties


of the poor.


ORGANIZING


The Field Department assists chapters


by providing materials, speakers


training, board orientation training


and chapter development. This year


we organized a Welfare Summit to


bring together chapter activists, leg-


islative experts and civil liberties


advocates to explain the impact of


welfare reform on civil liberties. More


than forty chapter activists left the


summit with materials, enthusiasm


and a commitment to lobby against


tions.


In the spring the Field Depart-


ment co-sponsored a Speakers


Training with the Friedman Project


on "How to Speak on Behalf of the


ACLU." Thirty activists took their


newly-acquired knowledge and


speaking skills to community groups,


college classrooms and _ public


forums.


Our Lobby Day in Sacramento in


March drew activists from the San


Earl Warren Chapter (Oakland


area)


Fresno Chapter


Lesbian and Gay Rights Chapter


Marin Chapter


Mid-Peninsula Chapter


Monterey County Chapter


North Peninsula Chapter


Redwood Chapter


Sacramento Chapter


San Francisco Chapter


Santa Clara Valley Chapter


Santa Cruz Chapter


Francisco, North Peninsula, Mid-


Peninsula, San Joaquin, Sonoma and


Earl Warren chapters for a morning


briefing on pending civil liberties leg-


islation, including the Omnibus Civil


Rights bill and prenatal care for


immigrant women, and an afternoon


of meetings with individual legisla-


tors.


CHAPTERS


The ACLU's all-volunteer chapters are


the activist arm of the organization as


well as civil liberties watchdogs in


their communities. These geographi-


cally-based chapters and_ the


Lesbian/Gay Rights Chapter organize


events, educate their communities


through public forums and debates,


San Joaquin Chapter


Sonoma Chapter


Yolo Chapter


Activist CONFERENCE


"Justice in Action," this year's annual


membership conference held at


Sonoma State University in August


brought together more than 150


members and volunteer activists


from northern California to strategize


and educate themselves at work-


shops on topics such as the Top Ten


Censored News Stories, Dare to Work


Against Police Brutality and Why Race


Still Matters: New Directions in the


Fight for Equality. Plenaries explored


the subjects of Poverty and Civil


Liberties, and key federal legislation


work to abolish the House Un--


American Activities Committee and


his continuing struggle to protect


and defend the First Amendment.


The event also featured an address on


the aftermath of Proposition 209 and


its effect on race relations in America


by keynote speaker Christopher


Edley, founder of Harvard University's


Civil Rights Project and advisor to


President Clinton's Race Commission.


The Lola Hanzel Advocacy Award


was given to a longtime North


Peninsula Chapter leader and Field


Committee activist Marlene De


Lancie, who has played a major role


in campaigns for reproductive rights


and abolition of the death penalty.


One of the most popular portions


of the Celebration was the San


Francisco Chapter's High School


Freedom of Expression Art Show and


Award Presentation, which drew hun-


dreds of students who contributed


poetry, painting, music and short sto-


ries on civil liberties themes.


Locat ACLU PRESENCE


The Field Department is staffed by


Field Representative Lisa Maldonado


and Program Secretary - Rini


Chakraborty. Outstanding leadership


is provided by Field Committee Chair


Michelle Welsh. The willingness to be |


a strong presence for civil liberties in


their local community and the com-


mitment and dedication shown by


the chapter board members, activists


and Field Committee members helps


to protect the civil liberties of all and


ensures the strength of this organiza-


tion and its future.


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