vol. 64, no. 3

NEWSPAPER OF THE AMERICAN Givil LIBERTIES UNION OF NORTHERN CALIFORNIA

aclu news.

May-JunE 2000

Non-Profit

Organization

U.S Postage

PAID

Permit No. 4424

San Francisco, CA

Wotume LXIV

`BY STELLA RICHARDSON

MeEpIA ASOCIATE -

n Thursday, April 20th, the League

O of Women Voters of California,

Children's Advocacy Institute,

Goleman Advocates for Children and

Youth, and Peter Bull, taxpayer and pri-

vate citizen, filed a lawsuit in the

California Supreme Court stating that

Proposition 21 violates the single-subject

tule of the California Constitution. The

petitioners are asking the Court to issue

an immediate stay to prevent Proposition

21 from being implemented. The Juvenile

Crime Initiative was passed by voters on

March 7, 2000.

"Proposition 21 violates a core provi-

sion of the California Constitution, the sin-

gle-subject rule, designed to ensure the

integrity of the electoral process," said

Robert Kim, attorney with the ACLU of

Northern California. "Instead of embracing

one issue, Proposition 21 makes far-reach-

ing changes in three separate areas of law;

juveniles, gangs, and changes to other laws

that do not relate to either juveniles or

gangs. That is, too many subjects to fit

under one initiative."

"We believe the initiative process

has gone far beyond what the reformers

who developed it intended," said Anne

`Henderson, Legislative Director of the

League of Women Voters of California. "It

The ACLU Files

Lawsuit Challenging Proposition 2!

is being used not as a check on the delib-

erative legislative process representa-

tive government requires, but an

alternative where the public is asked to

vote yes or no with little input into and

limited understanding of what they are

being asked to decide." The League of

Women Voters of California is a nonparti-

san political organization with over

11,000 members.

The petitioners are asking the Court to

issue an immediate stay and to issue a writ

of mandate, permanently restraining

enforcement of Proposition 21 in violation

of the rights of voters to consider and vote

on clear, specific and discrete changes to

California law.

"When we were campaigning against

Proposition 21, we encountered a great

deal of confusion by voters who did not

understand the complexity of the initia-

tive," said Kathryn Dresslar, Senior Policy

Advocate for the Children's Advocacy

Institute (CAI). "For example, the forty-

three page initiative had buried within it

significant changes to voter enacted ini-

tiatives." CAI is a nonprofit organization

dedicated to the health, safety and wel-

fare of children. CAI works in the

Legislature, with California agencies, and

in California courts to promote the well

being of children.

"As I speak, youth are being prosecut-

ed under the Juvenile Crime Initiative

and I think it is critical that the

California Supreme Court halt the

enforcement of this dangerous initiative

that harms so many young people," said

Taj Rashad James, Director of Youth

Policy and Development at Coleman

Advocates for Children and Youth.

Coleman Advocates is a nonprofit organi--

zation that works to reform the juvenile

justice system in California.

Peter Bull, formerly the Executive

Director of the Youth Law Center, is also a

petitioner in the lawsuit. Mr. Bull has

worked for many years to improve the

juvenile justice system. He is a citizen and

resident of San Francisco.

The respondents in the case are

Governor Gray Davis; Bill Lockyer,

Attorney General of the State of California;

Bill Jones, Secretary of State of the State

of California; Superior Court of the State

of California for the County of Sacramento;

and Jan Scully, District Attorney of the

County of Sacramento.

The lawsuit is brought by all of the

California ACLU affiliates, including the

ACLU of Southern California and bie

ACLU of San Diego.

Driving While Black/

Brown Bill Gutted |

overnor Gray Davis and Senator |

Kevin Murray have effectively gut-

ted the Driving While Black or

Brown bill (SB 1889) by eliminating the

data collection provisions that would

document the widespread practice of

racial profiling and serve as a deterrent to

the practice. Instead, they've proposed a

measure - which will be inserted into

another bill, SB 66 - to increase diversi-

ty training, require officers to provide

their business cards to people who are

stopped, and outlaw racial profiling.

"Racial profiling is already illegal in

California under the Fourteenth

Amendment of the Constitution," said

Michelle Alexander of the ACLU of

Northern California. "This is a cynical

smoke screen and just one more tactic to

avoid mandatory data collection by law

enforcement. We don't need a bill outlaw-

ing something that is already illegal, and

we don't need police officers' business

cards when we are stopped by police on the

basis of race. What we need and demand is

~ police accountability. We demand data

collection that will allow us to prove dis-

criminatory police practices and serve as a

deterrent to police who are overtly racist

and provoke those officers who are not

consciously using racial profiles to stop

and think."

Handing out business cards to people

who have been stopped but not arrested

or cited is one of the "reforms" that the

Los Angeles Police Department (LAPD)

has been using for years. Few would

claim that the LAPD has solved the prob-

lem of racial profiling, or is a model of

ethical policing - least of all the U.S.

Department of Justice. The Justice

Department has asked the LAPD to settle

its pattern and pau of civil rights vio-

Continued on page 3

SUSANA MILLMAN -

Michelle Alexander, Director of the ACLU Racial Justice Project, speaks at the April 27th

Sacramento Rally

Inside: Hundreds Protest Death PES at San Quentin. See page 4.

ACLU Works Overtime Against -

Propositions 21 and 22

he ACLU played a crucial role in the

[Treen No on Propositions 21 and 22

campaigns. Proposition 21 was the

juvenile justice initiative authored by for-

mer Governor Pete Wilson and Proposition

22 was an anti-gay marriage initiative by

Senator Pete Knight. The ACLU's efforts,

in collaboration with other organizations,

included training speakers and coordinat-

ing phone banking nights using volunteers

to reach out to ACLU members. The Field

Department also spearheaded the effort to

create and place a full page ad against

Proposition 22 in La Opinion, California's

leading Spanish language daily.

The Public Information Department

published a six- page "No on Knight"

brochure that was used statewide and dis-

- tributed along with the ACLU of San

Diego's No on 21 brochures. As part of the

media team, the Public Information

Department, with the help of volunteer

Pat Flynn, worked to coordinate media

interest and editorial board meetings for

the No on Proposition 21 campaign. The

campaign was successful in getting edito-

rials against Proposition 21 from every

major Northern California newspaper

including the San Francisco Chronicle, the

Sacramento Bee, and the San Jose

Mercury News. In addition to editorials,

the ACLU-NC and chapters raised over

$300,000 for both campaigns.

Although both initiatives passed, much

~ was learned from these campaigns and the

progress made displays the enthusiasm

ACLU Volunteers demonstrate against Prop 21.

Phone bank volunteer Winona Miller of the Paul Robeson Chapter reaches out to voters.

e 20 phone banking nights

e 93 callers made 3502 calls to contact

ACLU members

e Recruited 48 new volunteers and 14

house parties for both campaigns

e Distributed 17,000 No on Knight

brochures

e Raised over $55,000 for the No on

Proposition 22 Campaign

e Helped to specifically coordinate two

large house parties by chapters

(LGBT and North Peninsula)

Highlights of the ACLU Campaign

(NovemBeR |5-MARCH 6)

e Two speaker's trainings for Prop 22

that trained over 100 speakers (one

focusing on communities of color)

e One. speaker's training for Prop 21

that trained over 60 speakers

e Distributed 5,000 No on 21 brochures

e Raised over $250,000 for the No on

Proposition 21 Campaign

e Organized successful No on 21 edito-

rial board meetings, resulting in edi-

torials in the San _ Francisco

Chronicle, the Sacramento Bee and

the San Jose Mercury News

ACLU News = May-June 2000 = Pace 2

and motivation of civil

rights advocates to contin-

ue to fight divisive and

invasive politics which Witon ea

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Local Activist Wins

ACLU Youth Scholarship

BY STELLA RICHARDSON

MEDIA ASSOCIATE

en Shayna Maxine Gelender was

in preschool her teacher told her

mother that she needed to play

more, and not worry about the injustices of

who's knocking over who's blocks. "Well,

thankfully, I never have given up worrying

about injustices, and my `playtime' still con-

sists of battling for social equality," said 18

year old Shayna, one of seven recipients of

the ACLU Youth Activist Scholarship. The

award is given by the national ACLU to high

school seniors for their outstanding contri-

butions to the struggle for civil liberties.

Now 18, Shayna has been working with

the Youth Advisory Committee (YAC) of

the American Civil Liberties Union of

Northern California for two years. She is

looking forward to a trip with other stu-

dents that will explore the influence of cor-

porations on government and the resulting

erosion of individual rights. The trip is

being sponsored by the Howard A.

Friedman First Amendment Education

Project of the ACLU-NC. The project pro-

vides unique resources to teachers and

students about the Bill of Rights.

Shayna will attend Mills College in

Oakland in the fall. She plans to major in

Political, Legal, and Economic Analysis

and will continue her ACLU involvement.

"Activism is a way of life for me. In whatev-

er career I pursue in my adult life, I will

always be an activist."

Shayna is honored to receive this year's

Youth Activist Scholarship. "Being award-

ed this scholarship," she said, "says to me

that I am on the right track with what I'm

doing in my life-both personally and pro-

fessionally. This award helps me validate

the goals I've set for myself."

"We are very happy that Shayna was

awarded the ACLU's Youth. Activist

Scholarship," said Dorothy Ehrlich,

Executive Director of the ACLU of

Northern California. "The commitment

and energy she has brought to YAC has

been inspiring for all those around her."

Along with her work with YAC, Shayna

has also written for the ACLU News. She is

Editor-in-Chief of her high school paper,

the Olympian, and she says her regular edi-

torial column is "usually related to

instances of injustice. It's a call to proac-

tive-rather than reactive-action."

Last year, Shayna co-founded

Spectrum, the first ever gay/straight/

bisexual/ transgender Alliance Club at

her high school in Castro Valley. "The

community I live in is largely overshad-

owed by conservative, fundamentalist

Christian influences which are largely

unsupportive of our rights," said Shayna.

"Despite that, Spectrum is alive, provid-

ing a support group for students." Shayna

was very involved in the No on

Proposition 22 Campaign and believes

that "my generation will legalize same-

sex marriages, but first, we must enact

civil domestic partnerships for same and

mixed sex couples."

Shayna is a reform Jew and belongs to

the Congregation Shir Ami in Castro Valley.

She teaches a fifth and sixth grade Jewish

Ethics class and has also worked as a coun-

selor at Camp Kadima, a Jewish day camp.

She loves writing and finds the "dual role of

activist and journalist appealing and one

that I'd like to continue."

Racial Profiling Issue Fills Town Hall Meetings

By STELLA RICHARDSON

Mep1A ASSOCIATE

rom Los Angeles to Sacramento,

Pies hall meetings were held focus-

ing on the issue of racial profiling by

law enforcement. The meetings were orga-

" nized in March and April by the newly

formed Racial Justice Coalition, which

includes the National Association for the

Advancement of Colored People (NAACP),

the League of United Latin American

Citizens (LULAC), the United Farm

Workers (UFW), and the ACLU.

The Racial Justice Coalition was

formed largely in response to Governor

Gray Davis's veto of SB 78, commonly

known as the "DWB Bill" (Driving While

Black or Brown bill). That bill would have

required law enforcement to collect data

regarding the race and ethnicity of people

stopped by the police. The goal is to deter-

mine whether and to what extent law

Oakland residents spoke out against racial profiling at one

of many town hall meetings across the state.

enforcement agencies are discriminating |

against motorists of color. The bill passed |

by a two-thirds majority in the California |

Legislature, yet Davis vetoed it, citing his |

belief that racial profiling is not a serious

problem in California. The bill was reintro-

duced by Senator Kevin (R)

Murray (SB 1889) this

past January.

"Racial profiling is

not a figment of our

imagination," said Mich-

elle Alexander of the

ACLU. "There are few

people of color alive

today who haven't been

affected in some way by

this serious problem.

That is why we have

organized town hall

meetings throughout

California as part of our

campaign against racial

profiling, culminating in

the April 27th protest in

Sacramento, urging

Governor Davis to sign

SB 1389."

The town hall meet-

ings focused on the testi-

monies of people who have

been victims of racial pro-

part of a listening panel.

At the crowded

Oakland town hall meeting

held on March 80th, about

400 people attended and

many of them were victims

after another, they came

told their

African-American grand-

mother spoke about how

her four grown sons have

been harassed by the

police. She said they have

filed three complaints

against the police in.

Oakland and Berkeley. A

young African American man talked about

his frustration at being repeatedly stopped

despite the fact that he was a recent gradu-

ate from Stanford University.

At the Stockton town hall meeting,

held at Delta College on March 22, a

up to the microphone and -

stories. An -

filing. Local elected offi- |

cials, law enforcement, |

and community leaders (c)

were invited to attend as |

of racial profiling. One |

Over one thousand people attended the April 27th protest in Sacramento.

Latino woman told the audience of nearly

200 about how she was pulled over by a

California Highway Patrol officer who

accused her of being drunk. When she

became. upset she was

then taken to jail and giv-

en a Breathalyzer test.

After she passed the test,

the officer told her he

wouldn't have taken her to

jail if she had "acted

right." Another African-.

American man from New

York testified that he had

lost count of the number of

times he had been stopped

by the police. About twen-

ty people, ranging from

students to professionals,

stepped up to the mic to

tell their stories. The

Stockton Chief of Police,

Ed Chavez, along with Vice

Mayor, Gloria Nomura,

formed part of the listen-

ing panel.

In San Jose, over 200

people attended the town

hall meeting held at the

American GI Forum on

March 21st. Over and over

again, the mostly Latino and

African American audience,

talked about how they

had been stopped and

harassed by the

police.

"People of color

have complained for

decades about racial

profiling, and noth-

ing has been done to

solve this problem,"

said Walter Wilson of

the NAACP. "Driving

while black or brown

is not acrime. That

21S why we _ urge

2 Governor Davis to

2 sign SB 1889 when it

= arrives on his desk.

Alt's time that our

elected officials hear

us and put an end to

- this racist practice."

Town hall meetings were also held in

Sacramento, East Palo Alto, Salinas, and

Los Angeles.

Transgender Teacher

Comes Under Fire

ACLU Steps IN TO PROTECT FirST AMENDMENT

BY ROBERT KIM

ACLU-NC Starr ATTORNEY

he teaching career and medical

ar autonomy of a California high school

teacher-along with the First

Amendment rights of all California teach-

ers-has come under fire in Antelope,

California. After responsibly addressing

the visible affects of her treatment for gen-

der dysphoria, the teacher faces the possi-

bility of an adverse determination

(including the loss of her teaching creden-

tial) by the California Commission on

Teacher Credentialing. The ACLU of

Northern California has responded with a

letter urging that no action be taken and is

currently awaiting response.

For the past eight years, Dana Rivers

(formerly David Warfield) has taught

American history and broadcast journal-

ism at Center High School in Antelope.

She was the founder and director of the

Media Communications Academy at

Center High School. Consistently regard-

ed as a Stellar teacher, Rivers received

several accolades for her performance.

She also received excellent comments on

her performance evaluations, the last

occurring on May 27, 1999.

In January 1999, Rivers, who had been

diagnosed with gender dysphoria, began

undergoing hormonal

increase the female characteristics in her

body. Later that year, she changed her

`name to Dana Rivers. A few months after

she began her treatment, her condition

became visible.

In April 1999, Rivers explained her

condition to the school's principal Stephen

Wehr, and the two discussed ways in which

Rivers could handle inevitable questions

from staff and students. With Wehr's

knowledge, Rivers sent a letter to all

Center High School employees explaining

her transition.

By late May 1999, students began to

speculate and fear that Rivers had cancer

treatment to -

ACLU News = ea 2000 = Pace 3

or AIDS. Since silence would have only

added to the confusion, Rivers allayed the

concerns of her students in the classroom

while refraining from discussion of her

condition. She was also available outside

the classroom to answer questions. In all

instances, Rivers could not have handled

the situation better or with more dignity.

Following Rivers' explanation in class,

school operations continued without dis-

ruption. In fact, school officials presum-

ably endorsed open dialogue by permitting

the June 4, 1999 article about her transi-

tion to be published in Blue and Gold, the

school newspaper.

However, on August 18, 1999, the

Governing Board of the Center Unified

School District voted 3-2 to dismiss

Rivers, charging that she had demonstrat-

ed "evident unfitness for service" as a

teacher. The following month, the Board

sent her a notice of the school's intent to

dismiss her. Rivers and her attorney,

Continued on page 7

DWB Bill Gutted

Continued from page |

lations by police officers. Yet Governor

Davis wants all law enforcement agencies

to aspire to this standard.

More than one thousand people gath-

ered in April at the State Capitol to protest

racial profiling and to urge the Governor to

sign the Driving While Black or Brown Bill,

SB 1889. The protest was sponsored by the

newly formed Racial Justice Coalition,

which includes the ACLU, NAACP,

California League of United Latin Amer-

ican Citizens, United Farm Workers,

Lawyer's Committee for Civil Rights, and

numerous local organizations. More than

_ 70 churches, unions, civil rights and grass-

roots organizations throughout the state

endorsed the demonstration.

"The compromise brokered by Gov-

ernor Davis and Senator Murray today is a

betrayal of communities of color and their

families who have suffered discriminatory

police practices," said Michelle Alexander.

"The bill is largely symbolic, and Governor

Davis is sorely mistaken if he thinks that

people of color are going to be fooled by

this. We are not going away and we will

continue to demand that mandatory data

collection by law enforcement becomes

the law."

Hundreds Gather at

arrell Young Elk Rich was exe-

1) cuted by the state of California

on March 15, 2000. To protest

the execution, 800 abolitionists gath-

ered at the gates of San Quentin that

evening, protesting capital punish-

ment and urging Governor Gray Davis

to declare a moratorium on executions

in California.

ACLU-NC Executive Director

Dorothy Ehrlich spoke at the rally and

was encouraged by the number of abo-

litionists present. "Such visible and

committed opposition to the death

penalty is desperately needed-espe-

cially here in California," said Ehrlich.

"While much of the nation is making

penalty, this state seems intent on

going backwards on the issue." In the

same week that the California elec-

torate passed three separate initia-

tives expanding the death penalty, the

House of Representatives in New

strides toward abolishing the death -

San Quentin to Protest Death Penalty

Hampshire voted to abolish the death

penalty. At the same time, Indiana's

governor has called for a review of that

state's death penalty. "We need to con-

tinue pressuring Governor Davis on

this issue and we need to continue

voicing our opposition to this cruel and

inhuman practice."

Other encouraging news for death

penalty abolitionists has come from an

Ohio State University poll from

November of last year. According to the

poll, 68% of Ohioans think wrongful

executions are "likely"? and support

alternatives to the death penalty. A

Chicago Tribune poll from March of

1999 also showed that support for the

death penalty in Illinois has dropped 18

percentage points in the last five years,

and a majority of voters (54%) favors a

moratorium on all executions in the

state. Fewer than half of the respon-

dents-49%--said they believe the

death penalty deters crime.

SUSANA MILLMAN

ALEX MADONIK

Native American Activists took part in

the March 15th vigil at San Quentin

protesting the execution of Darrell

Young Elk Rich.

ALEX MADONIK

SusANA MILLMAN

e ALEX MADONIK

ACLU Studies

Political Bias by State Medical Board

BY STELLA RICHARDSON

MEDIA ASSOCIATE

he ACLU-NC released a study on

[ss 16th entitled "Preventing

Unfair Prosecution of Abortion

Providers." In the report, the California

Medical Board's record of discipline for

patient death is examined in the wake of

the recent criminal prosecution of Dr.

Bruce Steir.

Dr. Steir is the first abortion provider

in California to be criminally prosecuted

in over 25 years. He was charged with sec-

ond-degree murder in the case of a 27-

year-old patient who bled to death follow-

ing an abortion. On April 5th, in Riverside

County Superior Court, the 69-year-old

physician pleaded guilty to a lesser charge

of involuntary manslaughter. According to

the American Medical Association, only

ten physicians have faced murder charges

nationwide in the past dozen years based

on their medical treatment.

According to the ACLU study, written by

Phyllida Burlingame, anti-choice groups

have "advanced a raft of legislation in

recent years that singles out doctors who

provide abortions for particularly strict

health and safety regulation." The result is

that thirteen states have enacted strict reg-

ulatory laws targeting abortion providers,

and more "anti-choice legislation was

enacted in 1999 than in any other year."

The study reports that abortion is

not only the most commonly performed

ambulatory procedure for women of

childbearing age in the U.S., it is also one

of the safest. Less than 1% of abortion

patients experience a major complica-

tion, and only one death occurs for every

150,000 abortions.

Based on these findings, the ACLU-

NC calls for the Medical Board to be open

about its policies and procedures; to

show fairness and consistency in pursu-

ing complaints against doctors; and to

reform practices or policies that allow

bias to influence the agency's actions.

The study was also designed to help read-

ers understand the role of state medical

boards and to serve as a guide for advo-

cating for fair practices.

ACLU News = May-June 2000 = Pace 4

Knowledge i is Power:

Civil Rights Lobbyists Focus

on "Our Right to Know"

BY VALERIE SMALL NAVARRO

LEGISLATIVE ADVOCATE

n March 29th the Coalition for Civil

O Rights (CCR) held a press conference

in San Francisco and Sacramento

criticizing Governor Davis's record on civil

rights issues. "Though Governor Davis has

said that the Legislature and Judiciary

should implement `his vision, we've yet to see

any vision for civil rights," said Eva Paterson,

chair of the CCR. The Coalition-comprised

of over 50 organizations including the ACLU,

Mexican American Legal Defense and

Educational Fund (MALDEF) and Public

Advocates-urged Davis to sign into law a

package of bills that will address the public's

"Right to Know" about state-sponsored dis-

crimination. Davis had vetoed many of these

bills last year.

What's remarkable about this package

of measures is that it doesn't actually call

~on the state to do anything proactive

about discriminatory practices. Rather,

the bills help identify discrimination by

gathering and publishing data-a truly

modest request.

The Right to Know about Equal

Educational Opportunities-SB 1632

(Hayden)-will require the State to study

and report to the public on the unequal

opportunities that exit in our public

schools. The bill focuses on (1) teacher

experience, (2) availability of advanced

placement and other courses preparing

students to pass state tests, (3) experience

of principals and academic counselors, and

(4) the availability of technology and

recently published textbooks. :

The Right to Know about Discriminatory

Patterns in Public Contracting-SB

2047 (Polanco )-will require the state to

study and report to the public data on the

- State's hiring of women and minority con-

tractors. Anecdotal evidence indicates

that people of color see less than 3% of the

State's contracting dollars. Governor Davis

vetoed a similar measure last year.

The Right to Know About Discriminatory

Patterns in Police Stops-SB 1389

(Murray)-will require law enforcement

agencies to gather data on all traffic stops,

revealing whether African Americans,

Latinos, and Asians are disproportionately

pulled over by the police. Governor Davis

also vetoed a similar bill last year.

The Right to Know About Prison

Conditions-AB 2101 (Migden)-will

restore the media's access to inmates and

thereby afford the public the right to know

about the conditions inside Pelican Bay

and other prisons. Governor as vetoed a

similar bill last year.

The Right to Know About Discriminatory _

Patterns in Suspensions and

Expulsions-SB 444 (Alarcon)-

requires school districts to report their sus-

pension and expulsion data by gender, age,

and race.

The Right to Know About Hate Violence |

in Schools-SB 1326 (Hayden) and AB

1785 (Villaraigosa )-will require schools

to report the number of incidents of hate

violence they experience.

The ACLU is also seeking significant

improvements in the Governor's bill on

Advanced Placement Exams, carried by

Senator Escutia (SB 1504). Our proposals

effectively redress the grossly unequal allo-

cation of Advanced Placement course

offerings throughout the State. These dis-

parities severely impair the educational

opportunities of a large number of

California high school students, particular-

ly for students in high schools serving pre-

dominately lower income, African-American

and Latino students.

Another bill sponsored by the ACLU is

in response to the LAPD Rampart scan-

dal-in which police officers are alleged

to have planted evidence on people and

abused them. Assembly Member Romero

is carrying the bill, AB 2484, which gives

California's Attorney General the authori-

Paul Anderson

ty to seek civil remedies against law

enforcement officials who engage in a pat-

tern or practice of depriving people of

their rights.

Assembly Member Kuehl is carrying

AB 2222, which makes clarifying changes

to the disability definitions throughout

various civil rights statutes and strength-

ens civil rights protections for the dis-

abled. In addition, it details the extent to

which employers may make medical

inquiries or require examinations of

applicants and employees. The bill reaf-

firms the greater protections granted the

disabled under California law while

retaining the provisions of the ADA as

minimum guarantees.

The ACLU opposes a measure broaden-

ing the involuntary commitment laws (the

Lanterman-Petris-Short Act) affecting the

mentally disabled (AB 1800 [Thomson] ).

This bill, among other things, weakens the

law in such a way that makes the statute

extremely vague and overly broad, thereby

seriously implicating the due process

rights of the mentally disabled.

THE RIGHT TO PRIVACY

In response to Congress's enactment

of the Financial Services Modernization

Act, allowing the merger of banks, insur-

ance companies, and brokerage firms,

Assembly Member Kuehl and Senators

Speier and Leslie introduced financial

privacy measures AB 1707, SB 1337, SB

1372, respectively. Joining with the

Privacy Rights Clearinghouse, the Eagle

Forum and a panoply of organizations

from:across the political spectrum, the

ACLU supports the measures that require

that (1) consumers affirmatively consent

to the sharing of their information and

(2) companies disclose their practices

and policies regarding the sharing and

selling of consumer information.

Currently, Assembly Member Kuehl's

measure is the most protective of individ-

ual's privacy rights.

CRIMINAL JUSTICE

Senators Burton and Baugh have

introduced a bill (SB 1342) that permits

people who have been convicted to file a

motion requesting DNA testing to demon- "

strate their innocence. The law would

affect those cases where either the evi-

dence or the technology was not available

at the time of trial and the identity of the

person who committed the crime was a

significant issue. DNA has exonerated

over 60 people in prison in the U.S. and

Canada and the Innocence Project at

~ Cardozo Law School in New York has been

overwhelmed with hundreds of requests

from inmates asking for DNA testing to

establish their innocence. @

ACLU Urges Court to Halt Release of

Planned Parenthood Names, Phone Numbers

he American Civil Liberties Union of

[seen California has urged a

California Superior Court to stop an

order requiring Planned Parenthood to dis-

close the identities, home addresses and

residential telephone numbers of its staff

members and volunteers. According to the

ACLU, the order-issued during litigation

brought by political opponents of abor-

tion-poses a serious threat to the staff

and volunteers of the clinic.

The ACLU is the nation's strongest

advocate for freedom of expression,

including the rights of protesters who

oppose abortion. However, the ACLU also

has a long history of protecting privacy

rights and the autonomy of women's

childbearing decisions.

In the case of Planned Parenthood

Golden Gate v. Superior Court of the State

of California, the ACLU argued that the

court has created a great imbalance among

these vital interests. By allowing the home

addresses and telephone numbers of doc-

tors, nurses, counselors and volunteers to

be revealed to political opponents of abor-

tion, not only are these individuals put at

risk, but the availability of legal abortions

is also put at risk.

The abortion issue is one of today's

most emotionally explosive issues and anti-

choice activists have waged a consistent

campaign of violence and harassment

against abortion clinics and doctors. This

campaign includes chemical attacks,

arson, vandalism, bombings and even mur-

der. The purpose is explicit: to restrict the

availability of abortion by eliminating abor-

tion providers.

This campaign of violence and harass-

ment has achieved its intended goal of dis-

couraging doctors, nurses, counselors and

volunteers from providing constitutionally-

protected abortion services. In 1999, follow-

ing the murder of Dr. Barnett A. Slepian in

his home, 10% of clinics reported staff resig-

nations resulting from anti-abortion vio-

lence. Of those, 32% lost a physician, 29%

lost a receptionist, 26% lost a lab technician,

23% lost a counselor, and 20% lost a nurse.

"The fact that this order is directed at

Planned Parenthood is especially threaten-

ing to the availability of safe, legal repro-

ductive health services for women," said

ACLU Attorney Maggie Crosby. "Planned

Parenthood is the leading national non-

profit organization dedicated to reproduc-

tive health. It is a leader in the abortion

rights movement. If the names and

addresses of these health professionals is

made public, there will be an immediate

attrition of staff and volunteers. That will

deter others from joining the staff or volun-

rean) News = May-June 2000 = Pace 5

teering at Planned Parenthood-and that

will deny women their constitutional right

to reproductive freedom. "

The court has stated that a protective

order-which would limit the dissemina-

tion of this information-would not curb

these dangers. However, one of the most

recent weapons in the campaign of

_ harassment is the use of the Internet.

Personal data about abortion providers

are currently collected and immediately

disseminated to a network of potentially

violent abortion opponents on the

Internet. Such information is decidedly

hard to trace, and impossible to stop once

it is released.

The court failed to explore other meth-

ods of privacy, such as contact through

Planned Parenthood's business address

and the use of pseudonyms, as suggested by

the California Legislature.

ly

ACLU Foundation Thanks

Its Supporters at Donor's Circle Event

| he ACLU Foundation honored and thanked its major supporters at a dinner on

| i 28 at the City Club in San Francisco. Tom Layton of the Wallace Alexander

Gerbode Foundation was recognized for his philanthropic leadership and vision, his

commitment to civil liberties, and his activism. Dorothy Ehrlich presented an update on

recent ACLU involvement in electoral initiative campaigns (especially the No on 21

Campaign, the Juvenile Crime Initiative and the No on 22 Campaign, the Knight anti-gay

marriage initiative). The underlying strengths and weaknesses of the state ballot initia-

tive process were also presented in a thought-provoking way by ACLU-NC Board Chair

Margaret Russell. In true ACLU style, members of the audience volunteered various sup-

portive and opposing opinions. It was an uplifting, convivial and provocative evening,

_ enjoyed by all.

SUSANA MILLMAN

Enjoying the Benefactor's Dinner: Milton Estes, Dennis McNally, Frances Siraie

Quinn Delaney and Wayne Jordan (to r).

SUSANA MILLMAN

" Speakers Margaret Russell, Board Chair and Dorothy Ehrlich, Executive Director take

questions from the podium. Honoree Tom Layton, President, Gerbode Foundation with Frances Strauss

America's

Concentratloa ( Cains f

Remembering The Japanese American Experience

Protecting Our Civil Liberties: Lessons from the Japanese

American Incarceration for Americans Today

ACLU-NC Executive Director Dorothy Ehrlich will moderate a panel discussion

with scholars, authors, and civil rights advocates.

Panelists include:

Mitcu Makt, UCLA Professor and co-author of Achieving the Impossible

Dream: How Japanese Americans Obtained. Redress

AILEEN HERNANDEZ, civil rights leader, labor organizer and first woman

appointed to the EEOC in 1965

HELEN ZIA, award-winning journalist and former executive editor of Ms.

Magazine and author of Asian American Dreams: The Emergence of an

American People

ALEX SARAGOZA, professor of Ethnic Studies at U.C. Berkeley f

Thursday, June 8 at 6 p.m. |

State Building Auditorium, 455 Golden Gate Avenue, San Francisco. g

Free; Reservations required. Please call (415) 357-1848, ext. 22

0 ET Oe 7

ACLU News = May-June 2000 = Pace 6

A PuBLic FORUM

Homophobia in High School -

The Legalities and the Realities

Hear whatit's like for lesbian, gay, bisexual, transgender,

queer, and questioning youth and their friends in high

schools today.

Sunday, August 13, 2000

12:00 - 1:00 pm

ACLU-NC offices

1663 Mission Street, #460

San Francisco

Transgender Teacher Under Fire...

Continued from page 3

Margaret Geddes, disputed the charges

against her. Rivers has since left the

school, but she still struggles to maintain

her teacher credentialing.

In its letter to the Commission on

Teacher Credentialing, the ACLU strongly

contends that any change in Rivers' teach-

ing credential would unquestionably violate

her First Amendment rights. As with all gov-

ernmental employees, public teachers

retain their right of free

fundamental medical decisions affect-

ing her body without government inter-

ference, and that any action taken

against her teaching career would vio-

late her constitutional right to make pri-

vate medical decisions free of

government intrusion.

"In this instance," he noted, "it is virtu-

ally impossible to distinguish between

Rivers' `speech' and her right to medical

_ deeply honored that the couple

expression upon arrival

at work each day. :

"Rivers' speech in

this matter is undoubt-

edly protected by the

First Amendment," said

ACLU Staff Attorney Bob

Kim. "Schools may not

restrict a teacher's non-

curricular speech un-

less it would interfere

-with the operation of the

school. In this case,

Rivers' speech actually

facilitated school opera-

tions. Her speech was

designed to prevent fur-

ther confusion and dis-

ruption among the

"Teachers need to be able

to discuss sensitive issues

in an appropriate manner

without the fear of losing

their job," Kim said.

"Any negative

repercussions on Rivers

would have a deeply

felt chilling effect

on all teachers."

students and restore an

appropriate learning

environment."

At the heart of this matter is the fact

that Rivers' very personal medical decision

is unavoidably public by its nature.

"Dana Rivers is changing one of the

most basic and defining aspects of her per-

son," said Kim. "Implicated in that decision

are controversial questions of identity,

society and science. To undertake that

process within the context of a school com-

munity requires sensitivity to the ques-

tions and fears of students. It mandates an

open communicative process to promote

mutual understanding."

"Teachers need to be able to discuss

sensitive issues in an appropriate manner

without the fear of losing their job," Kim

continued. "Any negative repercussions on

Rivers would have a deeply felt chilling

effect on all teachers."

Kim also stated that Rivers has a

right of autonomy to make personal and.

autonomy. Dana Rivers' transition from

male to female was unavoidably visible and

public. Had she not addressed her medical

transition, the cloud of fear and specula-

tion around her would have escalated. Any

adverse effect on her credential would

constitute punishment of Rivers for decid-

`ing to undergo gender reassignment, and it

would wholly undermine her right to med-

ical autonomy."

(The ACLU is currently awaiting

response from the Commission on Teacher

Credentialing.)

Correction

The photo caption in the article

"Norman Weller: A Legacy for Civil

Liberties" in the March-April issue was

incorrect. It was a photo of Norman

Waller. We apologize for the error.

ACLU News = May-June 2000 = Pace 7

and Thomas Rolfsen

By STAN YoGI

DIRECTOR OF PLANNED GIVING

upporters of Proposition

S 22-the initiative that

prohibits the state of

California from recognizing

same-sex marriages-might

have voted against the divisive

measure had they met long-

time ACLU members Chalmer

"Chal" Cochran and Thomas

Rolfsen. The two men, partners

for 50 years, passed away within

days of each other early this

year. The ACLU Foundation is

remembered the ACLU in their

estate plans.

Thomas Rolfsen was born in

Kentucky in 1913 and grew up

in Cincinnati. Chal Cochran,

was born in 1924 in Cleveland,

where the two met in 1950.

After briefly living in Los

Angeles, they moved to San

Francisco in 1952. Cochran

and Rolfsen were members of The

Matachine Society-one of the first gay

rights organizations-and were activists

during a time of incredible repression and

persecution of lesbians and gay men. They

recalled police harassing gay men as they

left bars and remember undercover offi-

cers spying on Matachine Society gather-

ings from the rooftops of neighboring

homes.

Cochran, who worked several years as

a credit manager at the Schlage Lock

Company, remembered the common fear

among gay men during the 1950s and

_ 1960s of being denied employment or los-

ing their jobs because of their sexual ori-

entation. In an oral history interview

with the Gay and Lesbian Historical

Society, Cochran recounted that the

State of Ohio would not permit gay men

who were arrested because of their sexu-

al orientation to open dry cleaning busi-

nesses. "You couldn't even clean dirty

clothes for people," Cochran explained.

The couple launched Scope Press, a

printing business, in 1967. Even during

the freethinking Summer of Love era,

printers in San Francisco refused to pro-

vide services for lesbian and gay business-

es and organizations. The Scope Press

soon became the printer for the gay and

lesbian community. The company also

received regular jobs from established

non-gay organizations like the World

Affairs Council and the American Lung

Association. Cochran also worked as a

typesetter for the Bay Area Reporter, a San

_ Francisco gay and lesbian weekly.

In addition to lesbian and gay rights,

oc

Thomas Rolfsen (left), Chalmer Cochran (right)

TED SAHL

the couple was deeply committed to the

separation of church and state. In 1976,

they founded the Gay Atheist League of

America (GALA), and Rolfsen served as

National President from 1976 through

1982. GALA promoted separation of

church and state to gay people and was

formed partly in response to the establish-

ment of religious organizations within the

gay and lesbian community. :

Rolfsen and Cochran were part of the first

wave of gay men to settle in the Castro neigh-

borhood of San Francisco. The two lived

there for decades but as they grew older

found it increasingly difficult to take care of

their home. In 1998, they sold their Victorian

and moved into a Vallejo triplex with two oth-

er friends. By this time, Rolfsen was debilitat-

ed by Alzheimer's disease. That same year,

Cochran was diagnosed with cancer. Despite

extremely painful chemotherapy and radia-

tion treatments, Cochran insisted on caring

for his life partner until days before Rolfsen

died on January 27. Twelve days later,

Cochran passed away. -

Although both men did not live to see

the passage of Proposition 22, they would

probably view the discriminatory measure

as a temporary setback. Looking back on

the positive changes for lesbians and gay

men in the past three decades, Cochran

reflected "I don't think you can put the

genie back in the bottle. That's one satis-

faction | have. I don't think gay rights are

ever going back. It may be two steps for-

ward and one step back. We may get

knocked down a little bit here and there,

but I don't believe you could ever put

things back the way they were." i

gifts of insurance plans

Name

'm interested in leaving a legacy for the ACLU.

Please send me information about:

gifts through my Will or Living Trust

gifts that pay me income for life (Please provide birth date: )

___ gifts of retirement plans

gifts of real estate

Address

City, State, Zip Code

Telephone( _-)

Return to: Stan Yogi, ACLU Foundation of Northern California, 1663 Mission Street,

Suite 460, San Francisco, CA 94108. Telephone: (415) 621-2493, ext. 330

E-Mail

LGBTI Rights Chapter, call or write

Lesbian/Gay

Rights Chapter

f you are a member of the LGBT! Rights Chapter, please check to see that the 3-

letter code [CNG] is printed above your name on the ACLU News mailing label. If

not, please notify the ACLU-NC Mem-bership Department.

If you are an ACLU member in Northern California and would like to transfer to the

ACLU-NC Membership Department

1663 Mission Street, Suite 460

San Francisco, CA 94103

telephone: 415/621-2493

Please mention your membership number located on the ACLU News mailing label.

Save The Date!!!

ACLU of lara)

TE oan

Sueur 4 ee

WEY tae a ete Ce ies ta t= by ere ,

Conference Center

Sausalito, CA

For more info contact Lisa Maldonado 415/621-2493 or lisam@aclunc.org

Held the Pate

Sunday

onoring Bryan A Stevenson,

Founder and Executive Director of the

Equal Justice Initiative in Alabama and

prominent dealth penalty attorney, with

the Earl Warren Civil Liberties Award.

Also honoring Grover Dye, ACLU Paul

Robeson Chapter activist with the Lola

Hanzel Advocacy Award

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 first

Wednesday) For more information, time and address of

meetings, contact Diana Wellum at 510/841-2069.

Chico Chapter /f you are a member in the Chico/Redding

area, please contact Steven Post-leyes at 415/345-1449.

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, Gay, Bisexual and Transgender Rights

Chapter For more information, contact Chloe Watts,

510/763-3910 or Jeff Mittman, 510/272-9380.

December 10, 2000

ACLU of Northern California's

2:00 - 5:00 pm

The Argent Hotel

San Francisco

Bill of Rights Day

euro era lien

Marin County Chapter Meeting: (Usually third

Monday) Meet at 7:30 p.m. at the Marin Senior

Coordinating Council, "Whistlestop Wheels," Caboose

Room, 930 Tamalpais Ave., San Rafael. For more

information, contact Coleman Persily at 415/479-

1731. .

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 650/493-2437.

Monterey County Chapter Meeting: (Usually

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

more information, contact Lisa Maldonado at

415/621-2493.

North Peninsula (San Mateo area) Chapter

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

700 Laurel Street, Park Tower Apartments, top floor.

Check-out our web page at: http://members.

aol.com/mpenaclu. For more information, contact Marc

Fagel at 650/579-1789.

By MELISSA SCHWARTZ

y is-a straight, black

woman the co-chair of

the ACLU of Northern

California's LGBTI (Lesbian,

Gay, Bisexual, Transgender

and Intersexed) chapter? "I

believe in breaking down

stereotypes," answers Chloe

Watts, enjoying her first term

with the chapter, "I think it's

important that a straight black

woman say that gay rights are

not special rights but just

rights... period!"

Watts has received various

inquiries about her involve-

ment with the LGBT! chapter.

Her response is, "I grew up in :

epidemic. I remember the ter-

ror and fear incited by people being open-

ly gay. I first got involved in Queer

politics fighting the LaRouche Initia-

was that terror which made Watts look

past her Catholic upbringing, which

taught that homosexuality was a sin.

Instead, she saw the sin in sitting back

and doing nothing.

Watts got involved with the ACLU

when she met Field Director Lisa

Maldonado during the National

Organization for Women's "Fight the

Right March." Watts was an organizer

attempting to galvanize people to defeat

the "Anti-Affirmative Action Proposi-

tion." She joined the ACLU in June of

1999 and became the co-chair of the

LGBTI chapter with Jeff Mittman. A

strong believer in civil rights advocacy for

race, sexual and spiritual beliefs, Watts

especially enjoys the work the ACLU has

done in regards to racial justice.

Her most recent work includes orga-

nizing with coalitions against Proposi-

tions 21 and 22. She has also volunteered

for speaker's trainings and the upcoming

"Driving While Black" statewide protest

in Sacramento on April 27th.

tive-a measure I found terrifying." It -

Chloe Watts

San Francisco during the AIDS Chloe Watts and daughter Ryan

. love right?" and

`ant for the Field and Public Information

The results of the March 2000 elec-

tions left her extremely disappointed,

having worked so hard to defeat

Propositions 21 and 22 as an activist and

chapter representative.

"If anything, I hope the powers that

be and the community has learned that

hate filled propositions cannot be won

by television, radio and print media ads

alone. Grassroots activism and door to

door canvassing have to be incorporated

as well. Putting a face and a message

from the heart to the campaign is an

essential tool that cannot be dismissed."

Having worked in insurance on and

off for over 10 years, Watts is presently

going back to school at the University of

San Francisco to obtain her B.A. in

Organizational Behavior. She lives in

Oakland with her eleven- year-old

daughter, Ryan Claire Sarafina

McCaffrey. When asked what she thinks

about gay marriage, Ryan Claire

answered, "What's the big deal... love is

Melissa Schwartz is the Program Assist-

Departments of the ACLU-NC

he ACLU - Santa Clara Valley

Chapter will hold its annual mem-

bership meeting on Tuesday, June 6,

2000, at 7:00 p.m., at 1051 Morse Street,

San Jose, CA.

Notice of General Meeting

The agenda will include an annual

report and election of directors.

For more information, please contact

Larry Jensen (408) 995-3250.

Paul Robeson Chapter Meeting (Oakland):

(Usually fourth Thursday) For more informaton contact

Sjan Brackett: 510/832-1915.

Redwood (Humboldt County) Chapter

Meeting: (Usually every third Tuesday) Meet at Fiesta

Cafe, 850 Crescent Way, Sunnybrae, Arcata at 7:00 PM.

For information on upcoming meeting dates and times,

please call 707/444-6595,

Sacramento Valley Chapter Meeting: For more

information, contact Lisa Maldonado at 415/621-2493.

San Francisco Chapter Meeting: (Third Tuesday)

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

Street, Suite #460, San Francisco. Call the Chapter Hotline

(979-6699) or www.aclust.org for further details.

Santa Clara Valley Chapter Meeting: -

(Usually first Tuesday) Meet at 7:00 PM at the Peace

Center, 48 S. 7th St., San Jose, CA. For further chap-

fer information contact Marie Crofoot at 408/286-

1581.

ACLU News = May-June 2000 = Pace S

Santa Cruz County Chapter Meeting: (Usually

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

contact Steve Morozumi 408/459-3108.

Sonoma County Chapter Meeting: (Usually

third Tuesday) Meet at 7:00 PM at the Peace and

Justice Center, 540 Pacific Avenue, Santa Rosa. Call

Victor Chechanover at 707/765-5005 for more infor-

mation.

Yolo County Chapter Meeting: (Usually third

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

Davis. For more information, call Natalie Wormeli at

530/756-1900 or Dick Livingston at 530/753-

TENS,

Chapters Reorganizing

If you are interested in reviving the Mt. Diablo

Chapter, please contact Field Representative Lisa

Maldonado at 415/621-2493 ext. 346. ma