vol. 64, no. 2

Wo.tume LXIV

MaRCH-APRIL 2000

ACLU ArGues For MEDIA ACCESS TO EXECUTIONS

Challenge to San Quentin's Secret Procedures

n February 14th, in a US. District

Oen trial before Judge Vaughn

Walker, the ACLU-NC argued that

journalists and public witnesses have a

First Amendment right to witness execu-

tions in their entirety and that there is no

evidence that media presence jeopardizes

prison security or the safety of prison per-

sonnel. The trial took place only weeks

before California's next execution, sched-

uled for March 15th.

"It is crucial for public witnesses to

see this most irrevocable of governmen-

tal acts in its entirety, without the media-

tion of prison PR people," said Peter

Sussman, former president of the plain-

tiff Society for Professional Journalists,

Northern California Chapter. "It's not a

role anyone can relish, but it's essential

if the citizens of this state are to be kept

informed about the awesome powers

exercised in their name."

"San Quentin's concerns that execu-

tion team members may become targets

of retaliation are not based on fact,"

charged attorney David Fried who co-

counseled the case at trial. "Since 1938,

when the first gas chamber execution

was carried out, there has not been any

evidence of a security risk or threat

against execution team members.

"If prison officials are concerned about

the security of their staff, there are reason-

able steps they can take, to conceal identi-

ties, including the use of protective surgical

garb, or tinting to plastic face shields already

_ used by prison guards," Fried added.

UNOBSTRUCTED VIEW

"Until the 1996 execution of William

Bonin, the first in California by lethal

injection, the unbroken historical prac-

tice was that witnesses to executions,

including media witnesses, had an unob-

structed view of the inmate from the

moment the inmate entered the execu-

tion area," stated attorney Michael Kass,

of Pillsbury Madison and Sutro. "It is criti-

cal that journalists continue to witness

the entire execution and act as the eyes

and ears of the public."

The ACLU-NC originally filed the law-

suit, California First Amendment

Coalition v. Calderon, on April 9,

NEWSPAPER OF THE AMERICAN euro:ivilt LIBERTIES UNION oF NoRTHERN CALIFORNIA

aclu news

|

|

|

|

|

Non-Profit

Organization

US Postage

PAID

Permit No. 4424

San Francisco, CA

1996 after William Bonin became the

first person in California to be executed

by lethal injection. Reporters and other

witnesses to Bonin's execution were pre-

vented by San Quentin prison officials

from observing his entry into the cham-

| ber, being strapped to the gurney and the

Continued on page 4

ACLU Defends Student Website

LAWSUIT THREATENS FREE EXPRESSION ON THE INTERNET

BY STELLA RICHARDSON

MepIA ASSOCIATE

n a case with important implications

[= free speech on the Internet, the

ACLU- NC has asked the San Francisco

Superior Court to dismiss a lawsuit aiming

to shut down a website that provides stu-

dent reviews of the teachers at San

Francisco City College.

The lawsuit, Curzon-Brown v.

San Francisco Community

College District, was filed by City

College professor Daniel Curzon-Brown,

who objects to what students had to say

about his teaching. The ACLU repre-

sents Ryan Lathouwers, the creator of

the Teacher Review website. The other

defendants in the suit are the San

Francisco Community College District,

which is the governing body of City

College, and the Associated Students of

City College.

A City College student himself at the

time he created Teacher Review,

Lathouwers wanted to provide an online

resource for students trying to decide

which teachers and courses to select. At

the time, there was no systematic way for

students to find out just what other stu-

dents who had taken a class from any par-

ticular instructor had to say about the

experience. The website, with its student-

authored reviews, made its web debut in

September 1997.

Since that time, more than 5,000

individual reviews of nearly 600 City

College instructors have been posted.

The site, which has proved very popular

with students, has been visited over

100,000 times.

Curzon-Brown, a tenured English pro-

fessor, was rated on the website as one of

the ten worst teachers at City College.

Student reviews of Professor Curzon-

Brown include comments like "pompous,"

"the most egotistical extremist there is"

and "the worst teacher I have ever had the

opportunity of knowing."

Last October Curzon-Brown filed a

class action lawsuit on behalf of himself

and all other City College employees "who

have been or will be defamed by the con-

tent of Teacher Review."

His suit seeks monetary damages, and

an injunction prohibiting the posting of

"defamatory" reviews on the website and

prohibiting either City College or the

Associated Students from linking to

Teacher Review.

"The Teacher Review website is a per-

fect example of how the Internet functions

aS a unique and valuable information

source," said ACLU-NC staff attorney Ann

Brick. "If permitted to proceed, this case

would sound the death knell for any web-

Continued on page 2

incarceration of Americans without charge or trial, solely on the basis of race. This was a special

episode in the history of the ACLU of Northern California as well: this affiliate defied not only

President Roosevelt but our national organization to challenge the internment of more than 120,000

Japanese Americans during World War Il. We represented Fred Korematsu, a San Leandro draftsman who

went to jail rather than obey the internment order, all the way to the United States Supreme Court.

This exhibit tells the story of injustice and sorrow, perseverance and courage through the words, pho-

tographs, home movies, artwork and artifacts of those who lived it. Letters between former ACLU-NC

Executive Director Ernie Besig and Fred Korematsu are included in the exhibit, depicting a proud chapter

in the history of the ACLU of Northern California.

March 21 -June 18

California Historical Society

678 Mission Street (near 3rd St.), San Francisco.

Hours: Tuesdays-Sundays, 11 am - 5 PM, Thursdays to 8 PM

Admission: $3 general, $1 students/seniors, free to members of CHS and the Japanese American National Museum.

Protecting Our Civil Liberties: Lessons from the Japanese American

Incarceration for Americans Today

ACLU-NC Executive Director Dorothy Ehrlich will moderate a panel of scholars, authors, and civil rights advocates.

Thursday, June 8 at 6 p.m.

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

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

America's Concentration Camps

REMEMBERING THE JAPANESE AMERICAN EXPERIENCE

Te exhibit sheds light on an episode in American history that too few know or understand: the mass

Three young men stare out through the barbed wire of the Jerome, Arkansas concen-

tration camp that was their home during World War II.

KA, JAPANESE AMERICAN NATIONAL MUSEUM

eS

There will be a series of programs including films, lectures, readings, and art exhibits during the course

of the exhibit. The ACLU-NC is proud to be a co-sponsor of this exhibit and accompanying programs. All

programs are presented as a joint effort of the California Historical Society, the Japanese American

National Museum, and the Community Advisory Committee that was created for this exhibition. For a

schedule of events, please call the California Historical Society at 415/357-1848.

insides:

1999 ACLU-NC Annual Report

ACLU Youth Conference Targets

BY SHAYNA GELENDER

o chance residents of Stockton,

Nestor could ignore the hun-

dreds of vocal youth in attendance

at the ACLU's Say What??!! Conference on

February 15. This year, the event, which is

organized by and for high school students,

focused special attention on Proposition

21, the juvenile justice initiative on the

March ballot.

Following an intense morning of

speakers and workshops, youth attendees

marched through Stockton to an open

mike rally on the steps of courthouse in

opposition to Proposition 21.

The conference drew more than 400

students from high schools throughout

northern California. Linda Little, Activities

Director at Castro Valley High School

brings students to the conference every

year because she believes it is a valuable

experience for "Castro Valley kids to get

out of Castro Valley and be exposed to what

other kids have to say, especially during

the open mike sessions."

"T always pick up literature on student

rights, and I've become a resource for

information," added Little.

A debate on Proposition 21 between

proponent Maggie Elvey, Director of

Education and Research of Crime Victims

United, whose husband was murdered by a

youth, and opponent Derrel Myers whose

son was murdered in San Francisco, drew

many students to the floor mikes to

express their views on the initiative.

"Putting a minor in jail with older crimi-

their opposition to Proposition 21.

nals is just going to teach the minor how to

be a better criminal," thinks Edie Allmon

of San Lorenzo High School.

Melissa Olaeta, from Castro Valley

High School believes "Prop 21 ignores the

real issue. The real issue should be trying

to raise good members of society. Prop 21 is

a way out of the hard work. Prevention and

education is being ignored."

But her Castro Valley schoolmate

Victoria Chou said, "I don't like the current

juvenile system because once juveniles are

released, their records are completely

erased as if the crime had never hap-

pened." Chou fears that youth offenders

who are "17 and a half could be on the

street in six months" while their 18 year

ACLU Rings Out the Message:

No on 2

BY LisA MALDONADO

FIELD REPRESENTATIVE

n an unprecedented effort, the ACLU

[us Program phoned thousands of

ACLU-NC members to galvanize sup-

port for the defeat of two initiatives on the

March 2000 ballot. The goal of the

phonebanking campaign - two nights a

week every night from October through

the election - was to contact and edu-

cate 5,000 ACLU members on Propositions

21 and 22 and to encourage them to join

the campaigns to defeat both measures. A

month before the election, Chapter

activists and volunteers had already called

Staff attorney Bob Kim (standing) and Paul Robeson

Chapter leader Grover Dye called ACLU members to urge

no votes on Propositions 21 and 22. The phone nights

took place two nights every week in the months leading

up to the election and reached 5,000 voters.

more than 2500 ACLU members in Fresno,

Sacramento and Santa Clara Valley.

"The campaign is an ambitious one,"

said Field Committee Chair Michelle

Welsh. "Although the ACLU has a long-

standing tradition of phoning members to

l and 22

raise money, there has never before been

an effort to phone members to raise con-

sciousness and educate them on ballot ini-

tiatives."

"We launched this new effort because

both of these ballot initiatives are such

serious threats to civil liberties that we

had to take extraordinary measures to

combat them," added Executive Director

Dorothy Ehrlich. "We know that ACLU

members are dedicated and committed

civil libertarians, so we are counting on

them to take action to support the No On

21 and 22 campaigns."

The response to the phone campaign

has been extremely positive.

Many members were

unaware of the specifics of

the initiatives and wel-

comed the information. The

majority of respondents

pledged their support to

both campaigns.

The phonebanking has

been a positive experience

for chapter activists and

phone volunteers as well.

"It's been really great talking

with other ACLU members,"

said Carl Jaeger, of the

Lesbian, Gay, Bisexual

Transgender and Intersex

Chapter. "They are a very

intelligent, dedicated group

of people, who really care

about the state of civil liber-

ties in California. It's great

| to have the opportunity to speak with

them personally."

"It feels good to be doing something

that you know is really important and

worthwhile," added San _ Francisco

Chapter activist Irving Lind. Mf

Students at the ACLU Say What!!?? Conference marched to Stockton''s courthouse to show

ACLU News = MarcH-Aprit 2000 = Pace 2

Proposition 21, Activism

NANGy OTTO

old counterparts could be jailed for life."

Following the impassioned dialogue,

East Bay spoken word expressionists, Ten

Poets Plus a Mic! performed, incorporating

songs, poetry, dance, theater, jazz, and hip

hop into a dazzling display of opposition to

Proposition 21.

Students were offered a wide range of

workshops to explore topics ranging from

the juvenile justice system, gang profiling,

and the prison-industrial complex, to alter-

natives to incarceration, knowing your

rights at school, and confronting harass-

ment on campus. Fresno High School stu-

dent Aaron Wright attended the "Prison is a

Business" workshop. "We discussed how

Prop 21 relates to the prison-industrial

complex and how corporations profit from

the prison industry," Wright explained.

Wright opposes Prop 21 because it's "very

deceiving, plays off people's emotions and

doesn't address the real issues."

Carolyn Laub, Director of the Bay Area

Gay-Straight Alliance Network spoke at a

workshop on "Confronting Your Rights on

Campus-Sexual, Racial, and Homo-

phobic." "We played a game called power

shuffle that explores different parts of our

identities and ways in which we are mar-

ginalized, categorized, or harassed

because of those identities," explained

Laub. Then we talked about what it feels

like to be harassed and how to report

harassment to your school. We also

explored solutions to harassment that

schools should implement and what power

you have as a student when your school

doesn't protect you." Laub noted that the

passage of AB5387 means that schools now

have a clear legal obligation to protect gay

youth from harassment and discrimination

at school.

"I've had views of so many things

before, but I never had a place where |

could be supported in those views and dis-

cuss things so freely. I think | learned a

lot," said Salina Lam, a freshman at Diablo

Valley Community College, one of a grow-

ing number of college students who attend-

ed the conference. "It's nice to know there

are so many people who are passionate

about these issues. I want to get involved in

political activism."

Another college student, Jose Aguilera

from CSU Monterey Bay, spoke passionately

about the need to examine why youth are sus-

ceptible to the culture of gangs. "All public

schools need to include histories of Chicano-

American studies, African-American studies,

Asian-American studies, Women's studies,

Gay and Lesbian studies so the youth get an

opportunity to develop an identity and learn

where we're from historically."

Parents too were moved by thoughtful

discussions and debates. "This conference

is beneficial because | got to hear youth's

perspectives - it reinforces my hope in

this generation," said Loretta Strharsky

parent of a member of Red Tape, a political

rage band from Castro Valley that per-

formed during the lunch break.

_ The conference was organized by the

Youth Advisory Council (YAC) of the

Howard A. Friedman First Amendment

Education Project; the Project is directed

by Nancy Otto, with the assistance of

William Walker, Project Fellow and a stu-

dent at San Francisco City College.

ACLU News student correspondent

Shayna Gelender is a sentor at

Castro Valley High School.

SPOHOCHOSSHOSHSHSHSHSHOHHHSHSHSHSHHHHHHSHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHEO

ACLU Defends Student Website...

Continued from page |

site or bulletin board allowing members of

the public to exchange opinions."

Bernard Burk of Howard, Rice,

Nemerovski, Canady, Falk and Rabkin, who is

representing Lathouwers as a cooperating

attorney with the ACLU-NG, said "Imagine

a liberal arts professor unable to tolerate

his students expressing their own opin-

ions, and unwilling to allow students to

draw their own conclusions from what oth-

ers have to say. Fortunately, the First

Amendment prevents people like

Professor Curzon-Brown from using law-

suits to silence their critics."

A hearing is scheduled for March 29th

in San Francisco Superior Court.

In addition to Burk and Brick, the

case is being litigated by Celia P. Van

Gorder and Sean A. Pager of Howard,

Rice, Nemerovski, Canady, Falk and

Rabkin, and ACLU-NC staff attorney

Margaret Crosby.

TOWN HALL MEETINGS, CAPITOL DEMONSTRATION

Statewide Protests Call for a Halt to Racial Profiling

tice of racial profiling in California, the

newly formed Racial Justice Coalition

is launching a statewide campaign with

local Town Hall meetings throughout the

spring, and a major demonstration on April

27 at the State Capitol. The coalition was

founded following Governor Gray Davis's

veto of SB 78, commonly known as the

DWB - or Driving While Black or Brown -

bill last October, despite overwhelming

bipartisan support in the Legislature and

widespread anger about law enforcement's

discriminatory practice.

"Governor Davis's veto was an insult to

people of color throughout the state of

California," said Michelle Alexander,

Director of the ACLU-NC Racial Justice

Project. "With his veto of that important bill,

it is clear that he has decided to ignore the

collective political power of the growing

majority of this state. His veto of SB 78 along

with Propositions like 209, 227, and 187 are

an erosion of basic civil rights. For this rea-

son, we have founded the Coalition in efforts

to work for racial justice in California."

The Coalition is aiming to secure pas-

sage of the new DWB bill, SB 1389, intro-

duced by Senator Kevin Murray on January

24th. In addition to the ACLU, the

Coalition includes the NAACP, the League

of United Latin American Citizens

| nan effort to halt the widespread prac-

(LULAC), the United Farm Workers, as -

well as numerous local organizations.

"Racial profiling is not a figment of

our imagination," said Walter Wilson,

statewide president of the NAACP.

"People of color have complained for

decades that they are routinely stopped

by police, questioned, and sometimes

searched for no apparent reason other

than race. It is a problem that has

touched the lives of virtually all people of

color and their families, regardless of

education or income level."

Last year, 48 California police agencies

agreed to collect data voluntarily, largely

due to pressure from civil rights activists.

But the largest departments, including Los

Angeles, have still refused to do so. That is

why the Coalition is demanding that

statewide data collection be mandatory, as

required in SB 1389.

"Governor Davis attempted to soften

the impact of his unjustified veto by

encouraging law enforcement agencies to

collect the data `voluntarily," said Van

Jones of the Ella Baker Center for Human

Rights. "His message to law enforcement

was loud and clear: Protecting the civil

rights of people of color is optional. We dis-

agree. Protecting the civil rights of all peo-

ple is mandatory."

The Coalition is organizing Town Hall

meetings in San Jose, Oakland, Stockton,

Sacramento, Fresno and other cities. They

will all be free and open to the public.

The ACLU hotline - 1-877-DWB-STOP

(or 1-877-392-7867) - has been called by

more than 2,000 people who have reported

being stopped by police on the basis of

their race.

The Coalition, which also includes, La

Raza Centro Legal, Asian Law Caucus,

Lawyer's Committee for Civil Rights,

People United for a Better Oakland

(PUEBLO), Northern California Coalition

for Immigrant Rights, the Ella Baker

ACLU Urges S.F. to Lift

Ban on Breast Cancer Ads

n February 7, the ACLU-NC urged

Oi San Francisco Board of

Supervisors to vote on a proposed

resolution expressing their support for the

ad campaign, "Obsessed with Breasts,"

sponsored by the Breast Cancer Fund.

Outdoor Systems, the company that

administers advertising displays at the

City's bus shelters, had rejected the ads

saying they are "too shocking" and "too

provocative."

In an open letter to the Board, ACLU-

NC managing attorney Alan Schlosser'

charged that the company's rejection of

the ads was a "blatant act of censorship"

and a "clear abridgment of free speech

principles and values."

The group designed the ad campaign to

call public attention to a health crisis that

impacts one in eight women nationwide.

The rate of breast cancer in the Bay Area is

one of the highest in the world. The ads,

created to capture the viewers attention,

show bare-chested women with mastec-

tomies. According to Andrea Martin, exec-

utive director of the Breast Cancer Fund,

"We wanted to strip away the customary

camouflage that society imposes on women

with breast cancer and show the realities

of this disease in an unforgettable way."

"If left undisturbed, the actions of

Outdoor Systems mean that the decision

on what ads and public service messages

are displayed at City bus shelters is left to

the absolute and standardless discretion of

the company,' wrote Schlosser.

"The City should take steps to ensure

that the powers it has in effect delegated to

the company not be used to suppress

speech based on its content," Schlosser

added.

The Board of Supervisors passed a res-

olution calling the ad campaign "coura-

geous and creative." A second billboard

company announced that it would post the

ads later in the year.

ACLU News = Marcn-Aprit 2000 = Pace 3

Student Union at San Francisco State,

welcomes the participation of other orga-

Center for Human Rights and the Black

nizations concerned with civil rights and

racial justice. For more information

please call Racial Justice Project Field

Organizer Olivia Araiza at 415/621-2493

ext. 380. Hf

Norman Weller

A LEGACY FOR CIVIL LIBERTIES

BY STAN YOGI

Ithough the ACLU is regularly in the

Ne for its legal cases, our

embers are often unsung civil lib-

erties heroes who stand up for the Bill of

Rights in their everyday lives. We lost such

an unsung hero when long-time ACLU

member, Norman Weller, passed away at

age 85. The ACLU Foundation is honored

that Weller remembered the ACLU in his

estate plan.

Born in Los Angeles in 1914, Weller

was a World War II veteran and a life-long

motorcycle enthusiast who owned 40

motorcycles and rode till he was 80. His

passion for motorcycles led to decisions

that had a major impact on his personal

and professional life. Weller owned and

ran a Pasadena machine shop that special-

ized in grinding crankshafts and connect-

ing rods for motorcycles. At the age of 45,

he was diagnosed with jaw cancer.

Fortunately, he survived, and, at the age of

50, he sold his business, moved to Bishop

and dedicated the next 35 years of his life

to conservation work.

SAVING THE WILDERNESS

Weller had motorcycled through

California's deserts many times, but he

realized that his passion for cycling con-

tributed to the degradation and destruc-

tion of the environment he so loved. After

moving to Bishop, he immersed himself in

saving wilderness east of the Sierra

Mountains. He was integral in surveying

and preserving petroglyphs and locating

over 700 sites of early Indian habitation in

the Owen's Valley and Mammoth Lakes

area. Weller also worked directly with the

Inyo County board of supervisors and the

U.S. Forest Service in conserving wilder-

ness areas in that region.

Weller's nephew, Norm Enfield, recalls

his uncle as a staunch supporter of civil

liberties and an eloquent defender of the

Bill of Rights. Enfield remembers his

uncle talking in his machine shop about

the rights of minorities and explaining the

unfairness of restrictive covenants that

prevented people of color from buying

property in particular neighborhoods and

how that practice had to end. Weller also

spoke out against the civil liberties abuses

Simon Weller

that occurred during the McCarthy era,

characterizing the government's actions

as "browbeating."

STEADFAST CONVICTION

"If it suits me," Enfield recalls his uncle

was fond of saying, "it should tickle every-

one else." By this, Weller meant that as

long as his beliefs and actions did not

impinge on the rights of others, no one, let

alone the government, should restrict his

freedom. This phrase crystallizes Weller's

firm belief in freedom of speech and his

steadfast conviction that individuals have

the right to be left alone and safe from

unwarranted search and seizure. Weller

also advocated for free speech in his com-

munity, defending the First Amendment

rights of his neighbors to speak at county

board of supervisors and city council meet-

ings. He argued that although the audience

might not like their messages, speakers had

the right to say what they wanted.

Weller, a life-long bachelor, lived his lat-

er years in a trailer on an acre of land in

Round Valley, near Bishop. According to his

nephew, Weller never earned more than

$10,000 in any year of his life. Nonetheless,

wise investments contributed to his estate

and allowed Weller to make a generous

bequest to the ACLU Foundation.

"It's unsung civil liberties heroes like

Norman Weller that keep our Bill of Rights

alive," said ACLU-NC Executive Director

Dorothy Ehrlich. "Mr. Weller's life exem-

plifies how we can stand up and make a

difference in our daily lives. His example

is inspirational."

If you are interested in finding out about donating through a will or living trust to the ACLU-

NC Foundation, please call Stan Yogi, Director of Planned Giving, at 415/621-2493 (e-mail:

syogi@aclunc.org).

PEYTON Mem Kstelc)

Magic Theatre

Fort Mason, San Francisco

CLL aI PY

Live Readings 6 Discussions

Plays by writers who have been arrested, banned, exiled, persecuted or Killed because of their works.

CUA LAO OUD UICC CAEN IEMRS DAUM RTa TiC Di clap

The ACLU of Northern California is proud to join PEN Center West and Amnesty International

in co-sponsoring this exciting festival with the Magic Theatre.

PMLA ai tee

For a complete schedule of events, please call Melissa Schwartz in the Public Infor-mation

Department 415/621-2493 ext. 351 or Laura Owen at the Magic Theatre at 415/441-8001.

The Dynamic Duo of the

Marin County Chapter

By MELISSA SCHWARTZ

. Then members of the Marin County

Chapter ACLU-NC Board invited

Jane Fonda to speak at their

annual meeting in the summer of 1970,

they promised Lenny Karpman that he

Marin activists Lenny Karpman and Joan Hall. a

could pick her up at the airport if he

promised to serve on the Chapter board.

He readily agreed. Fonda got sick and had

to cancel, but Karpman has been active

with the ACLU ever since.

When Karpman and Joan Hall were

married three years ago, she also joined

the Chapter Board. Hall now serves as the

chapter's representative to the ACLU-NC

Board. Together, they help keep the

entertainment alive at the ACLU-NC

Field Committee meetings while taking

on many-sided responsibilities in build-

ing the ACLU.

Karpman, a retired cardiologist and a

freelance travel writer, served for more

than 10 years as an At-Large member of the

ACLU-NC Board, participating in the

Development, Board Nominating and Field

Committees. He has also served as both the

Marin Chapter Chair and chapter represen-

tative to the ACLU-NC Board. Currently a

member of the Marin Chapter Board and

the ACLU-NC Legislative Policy Committee

Karpman says that he "loves listening to

the wisdom of the ACLU-NC Board mem-

bers and staff discuss the nuts and bolts of

core civil liberties."

Hall is President of her own consulting

firm on healthcare policy and government

relations. She has worked for the

California Medical Association as both the

Director of Clinical and Scientific Affairs

sa

(Chapter meetings are open fo 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 if you ore a member in the

Chico/Redding area, please contact Steven Post-Jeyes at

530/345-1449.

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.

ACLU News = Marcn-Aprit 2000 = Pace 4

Chapter Meetings

and as a lobbyist in Sacramento. Her

involvement with the ACLU stems from "a

great love for the American Constitution

and the Bill of Rights. The freedoms we

have as Americans," she says, "are so pre-

cious and unique in the world. They are

worth preserving and the

ACLU is a way to ensure

preservation of these rights."

Hall currently serves on the

affiliate Legislative Policy

and Officer Nomina-ting

Committees and participates

in ACLU-NC fundrais- ing

campaigns.

Karpman and Hall have

dedicated their lives to help-

ing organizations focused on

human rights and civil liber-

ties. Karpman is on the

Citizens' Advisory Committee

to the Chief of Police in San

Rafael and its sub-committee

on Homelessness; the Council

of Legislation of the California

Medical Association; the

Legislative Forum of Kaiser-

Permanente, the Editorial Board of San

Francisco Medicine, and the subcom-

mittee on Law Enforcement of the Marin

County Human Rights Commission. Hall

has done work with the Georgian

Foundation, a group that provides medical

and humanitarian aid to the Republic of

Georgia, and sits on the Advisory Board of

the Center for Disabilities Issues; she also

provides pro bono consulting services to

the San Francisco based Family Violence

Prevention Fund and helped start the

Marin Coalition Against Proposition 22.

"Lenny and Joan are incredible assets

to the ACLU" says Field Representative Lisa

Maldonado. "They are politically savvy

activists who are doing a tremendous work

on the campaigns against Propositions 21

and 22 in Marin County . They are truly a

credit to the Marin Chapter."

What drives this active couple? "I like

having the opportunity to meet with bright,

committed and like-minded people," Hall

says, "ACLU members are such interesting

people who have great passions for seeing -

that our rights are maintained. While I may

not agree with the ACLU on every issue, it

doesn't diminish my willingness to be an

active participant."

Melissa Schwartz is the Program

Assistant for the Field and Public

Information Departments.

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 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.

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

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

Fagel at 650/579-1789.

Media Access to Executions...

Continued from page |

attachment to the execution apparatus.

Unable to offer first-hand accounts of

the entire process, including the diffi-

culties prison officials admitted they

encountered in inserting the IVs, the

journalists could not thoroughly inform

the public on the execution. As a result,

the public had to rely solely on prison

officials for information about how the

death penalty is being implemented by

this new method of execution. On May 1

of that year, the U.S. District Court

issued a preliminary injunction enjoin-

ing prison officials from restricting wit-

ness observation of executions.

On February 28, 1997 U.S. District

Court Judge Vaughn Walker issued his

ruling that public witnesses - including

the media - have a constitutionally pro-

tected right to observe executions and

that there was no evidence that media

presence jeopardizes prison security or

the safety of prison personnel. The

Department of Corrections appealed

and in 1998 the Ninth Circuit Court of

Appeals reversed. While not denying the

existence of a First Amendment right,

the Court of Appeals remanded the case

to the District Court for a trial regarding

whether the restrictive witness proce-

dures are an exaggerated response to

prison security concerns.

Paul Robeson Chapter Meeting (Oakland) :

(Usually fourth Thursday) For more informaton contact

Stan Brackett: 510/832-1915.

Redwood (Humboldt County) Chapter

Meeting: (Usually every third Tuesday) Meet at

Luzmilla's, 1288 G Street, Arcata at 7:00 PM. For infor-

mation on upcoming meeting dates and times, please call

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 Sacramento. For more information, con-

tact Lisa Maldonado at 415/621-2493 ext. 346.

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.SFACLU.org for

further details.

Santa Clara Valley Chapter Meeting: (Usually

Award Ceremony

Annual Dinner

Keynote Speaker: Pat Thurston

"Banned in Santa Rosa"

Former KSRO Talk Show Host known for providing a forum and voice to

Sonoma County residents on local, state and national issues

Jack Green Civil Liberties Award Winners:

Honoring the founders of the Sonoma Chapter of the ACLUNC

Featuring: Dinner (vegetarian available), Silent Auction, Raffle and Award Ceremony

Saturday, April sth at 6:00p.m.

Sebastopol Veteran's Auditorium-282 High Street, Sebastopol

$20 ($10 low income) for paid reservations received

before March 24th + $25 ($15 low income) thereafter

Never been an ACLU member?- Join now at basic rate and dinner's free!

Information: 707- 765-5005 ACLUN_1981.MODS ACLUN_1981.batch ACLUN_1982 ACLUN_1982.MODS ACLUN_1982.batch ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1984.batch ACLUN_1985 ACLUN_1985.MODS ACLUN_1985.batch ACLUN_1986 ACLUN_1986.MODS ACLUN_1986.batch ACLUN_1987 ACLUN_1987.MODS ACLUN_1987.batch ACLUN_1988 ACLUN_1988.MODS ACLUN_1988.batch ACLUN_1989 ACLUN_1989.MODS ACLUN_1989.batch ACLUN_1990 ACLUN_1990.MODS ACLUN_1990.batch ACLUN_1991 ACLUN_1991.MODS ACLUN_1991.batch ACLUN_1992 ACLUN_1992.MODS ACLUN_1992.batch ACLUN_1993 ACLUN_1993.MODS ACLUN_1993.batch ACLUN_1994 ACLUN_1994.MODS ACLUN_1994.batch ACLUN_1995 ACLUN_1995.MODS ACLUN_1995.batch ACLUN_1996 ACLUN_1996.MODS ACLUN_1996.batch ACLUN_1997 ACLUN_1997.MODS ACLUN_1997.batch ACLUN_1998 ACLUN_1998.MODS ACLUN_1998.batch ACLUN_1999 ACLUN_1999.MODS ACLUN_1999.batch ACLUN_2000 ACLUN_2000.MODS ACLUN_2000.batch ACLUN_2001 ACLUN_2001.MODS ACLUN_2002 ACLUN_2002.MODS ACLUN_2003 ACLUN_2003.MODS ACLUN_2004 ACLUN_2004.MODS ACLUN_2005 ACLUN_2005.MODS ACLUN_2006 ACLUN_2006.MODS ACLUN_2007 ACLUN_2007.MODS ACLUN_2008 ACLUN_2008.MODS ACLUN_2009 ACLUN_2009.MODS ACLUN_2010 ACLUN_2010.MODS ACLUN_2011 ACLUN_2011.MODS ACLUN_2012 ACLUN_2012.MODS ACLUN_2013 ACLUN_2013.MODS ACLUN_2014 ACLUN_2014.MODS ACLUN_2015 ACLUN_2015.MODS ACLUN_2016 ACLUN_2016.MODS ACLUN_2017 ACLUN_2017.MODS ACLUN_2018 ACLUN_2018.MODS ACLUN_2019 ACLUN_2019.MODS ACLUN_ladd ACLUN_ladd.MODS add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log visit our website: www.aclusonoma.org

SANITIZED VIEW

"Prison officials claim that they intend

to pull the curtain if problems occur dur-

ing the execution, fearing that their

actions might be `misinterpreted by the

media," said Alan Schlosser, Managing

Attorney for the ACLU-NC. "Their desire to

present a sanitized view of capital punish-

ment is inconsistent with the First

Amendment's guarantee that the public be

kept informed of this final act of the crimi-

nal justice system."

Plaintiffs' witnesses include Jason

Beaubien, a former KQED radio reporter

who witnessed both the Bonin execution

and the Keith Daniel Williams execution,

and Dr. Lonny Jay Shavelson, an emer-

gency medicine doctor. Dr. Shavelson tes-

tified about the use of surgical protective

clothing during stressful emergency room

procedures, and how they were necessary

to protect the health of participants and

effective to conceal identities. The

California First Amendment Coalition, a

non-profit association of more than 160

California newspapers and TV and radio

stations, is also a plaintiff.

In addition to Fried, Kass and

Schlosser, attorneys representing the

plaintiffs include Jeffrey Ross of Pillsbury

Madison and Sutro and Lynne S. Coffin of the

Law Offices of Coffin and Love. Hl

nL ENE TL TTT

first Tuesday) Meet at 7:00 PM at the Peace Center,

48 S. 7th St., San Jose, CA. For further chapter infor-

mation contact Dan Costello at 408/287-6403.

Santa Cruz County Chapter Meeting: (Usually

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

contact Steve Morozumi at 408/287-6403.

Sonoma County Chapter Meeting: (Usually third

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

Center, 540 Pacific Avenue, Santa Rosa. Call Victor

Chechanover at 707/778-7302 for more information.

Yolo County Chapter Meeting: (Usually third

Tuesday) Meet at 7:30 PM, 2505 Sth Street #154, Davis.

For more information, call Natalie Wormeli at 530/756-

1900 or Dick Livingston at 530/753-7255.

Chapters Reorganizing

If you are interested in reviving the Mt. Diablo

Chapter, please contact Field Representative Lisa

Maldonado at 415/621-2493 ext. 346.

American Civil Liberties Union of Northern California

Handing Over the Gavel

Dick Grosboll, who has chaired the ACLU-NC Board of Directors

for the last four years, and Margaret Russell, incoming Board

chair.

COVER PHOTO CREDITS: (CLOCKWISE FROM UPPER RIGHT):

Nancy Otto; NANcy Otto; Rini CHAKRABORTY; UNION MAID;

BILLBOARD DESIGN BY CAROL H. WILLIAMS ADVERTISING; LISA

RIORDAN-SEVILLE.

this year, I think, you will find that our annual report is differ-

ent. Many of the stories of inequality and injustice have not

been heard: they have been underreported and largely hidden from

public view.

Many of these reports have to do with racism in the criminal jus-

tice system. Over the past decade, the cumulative effect of the war on

drugs, three strikes legislation and the epidemic of racial profiling by

law enforcement have greatly exacerbated an already unequal system

of criminal justice. Thus, while a decade ago we were shocked that

one out of four young African American men was either incarcerated, on probation or parole, we now find the num-

ber has increased to one out of three. African American drivers are six times more likely to be stopped and searched

by the police, solely on the basis of race. If charged with a crime, youth of color are more than twice as likely as

their white counterparts to be tried as adults and sent to adult prison.

Black and Latino men and women are more than 65% of California's prison population, far out of proportion

to their numbers in the general population. Yet the disappearance of tens of thousands of people from their fami-

lies, their communities, and the voting rolls has largely gone unreported.

The reality of this growing injustice is devastating. The silence surrounding it is profoundly disturbing.

The ACLU responded by launching our Racial Justice Project, a collaborative effort of our legal, public information,

field and legislative staff. One of our initial campaigns is to expose, challenge and ultimately to end the practice of

racial profiling by police, known as DWB. From this first critical step into an unequal justice system, the damage to

people of color increases exponentially.

Our aim over the past year has been to break the silence on these injustices. We initiated an unprecedented bill-

board and radio ad campaign announcing our DWB hot-line, which drew more than 2000 victims of racial injus-

tice to tell their story of being pulled over by law enforcement on California's streets and highways solely on the basis

of race. We filed a class action lawsuit against the California Highway Patrol. We organized town meetings, press

conferences and media interviews so people could testify about their experiences. We campaigned for both statewide

legislation and data collection by local law enforcement. We have raised our voices, and provided a platform for oth-

ers, to challenge this injustice. Our efforts have had a nationwide impact.

Our Racial Justice Project also worked to combat the damage to equal opportunity in California wrought by

Proposition 209. Working with other civil rights organizations, we initiated major legal challenges to inequality in

admissions in higher education and in public contracting. We serve as friend of the court

in other crucial cases defending equal opportunity programs, and are seeking effective

ways to create legislative responses to prevent the resegregation of state education,

employment and contracting.

This year, as our attention was riveted by Proposition 21 on the growing inequities

in the juvenile justice system, and how this new measure would further endanger

California's youth, we took special pride in our own youth program, the Howard A.

Friedman First Amendment Education Project. This innovative project began eight

years ago with a dream and a vision of involving youth in the work of the ACLU. We

turned this aspiration into a thriving program, with hundreds of young activists being

trained and committed to work for civil liberties.

It is a tribute to our members, our staff and our Board of Directors that we have

been able to launch these new efforts while also maintaining our exceptional core

docket on key civil liberties issues. Our First Amendment cases, especially related to

new technology and the Internet, our pioneering work in the areas of reproductive

rights and language rights, our advocacy for equal rights for the lesbian and gay com-

munity and for the poor and the young, all continue to have an enormous influence in

shaping constitutional rights in California.

In all of these efforts, we are fortunate to be able to collaborate not only with our

national office and our sister ACLU affiliates in California, but also with our coalition

partners and other public interest law groups throughout the country. :

The expansion of our ambitious program has been fueled by the generous support

of our donors, individuals as well as foundations, who have been so willing to invest

in our efforts. As we celebrate the goth birthday of the national ACLU, we take pride

both in our institution's steady growth as well as in the extraordinary stewardship of

our northern California Board of Directors.

In the year 2000 our Board leadership changes hands as Dick Grosboll, who has

ably and energetically served as the Chair for the past four years, turns the gavel over -

to Margaret Russell, a professor of constitutional law and a long-time ACLU Board leader, both on an affiliate and

national level. We are grateful that our Board, whose reputation for hard work and dedication is known far and

wide, includes such outstanding leaders.

A nnual reports often serve to recap stories you already know. But

BABAYLAN

With your support, we are beginning to break the silence.

he

Dorothy M. Ehrlich

Executive Director

American Civil Liberties Union of Northern California

1663 Mission Street, #460, San Francisco, CA 94103 415/621-2493 www.aclunc.org

1999 ACLU-NC Annual Report

Editor Elaine Elinson Design ZesTop

Writing/Research Stella Richardson, Printing Howard Quinn Co.

Melissa Schwartz, Jackie Lee, and Alex Miller

1999 ACLU-NC Annual Report

rom racial justice to censorship in cyberspace, from reproductive rights to

asset seizure - the ACLU-NC Legal Docket reflects the wide range of liti-

gation handled by our Legal Department.

In 1999, Managing Attorney Alan Schlosser led our talented team of staff attor-

neys: Michelle Alexander, Ann Brick, Edward Chen, John Crew, Margaret Crosby

and Robert Kim. They were ably assisted by Frances Beal, Beth Feinberg and

Cynthia Williams.

We share the accomplishments of our legal program with more than 50 dedi-

cated lawyers who donate their services to the ACLU-NC as cooperating attorneys.

Almost one-half of the 53

cases on our docket this

year were handled by

cooperating attorneys

working with staff coun-

sel. Without their exper-

tise and advocacy, we

would not be able to

address many pressing

civil liberties issues. A list

of the 1999 cooperating

attorneys and firms is on

page 14.

The Legal Department

Welcome to the ACLU

also oversees the work of

Hello, ACLU. May I help you? With this friendly greeting, our recep-

the Complaint Desk. The

Desk, staffed by commit-

ted volunteer counselors,

receives more than 200

calls and letters each

week from people who

feel their rights have been

violated. Advised by the

tionists - Winona Reyes (right) and Cheryl Artuz - introduce hundreds

of callers a week to the ACLU: members, lawyers, donors, reporters,

coalition partners, and the civil liberties-curious from all over the world!

The reception desk is one of the many responsibilities of the ACLU-NC

Administration Department, whose staff is also responsible for our affil-

iate finances, office management, and computer services as well as

staffing the Board of Directors and its many committees and task forces.

The Adminstration Department is headed by Administrative Coordinator

Mila de Guzman and Finance Director Iain Finlay with the assistance of

computer specialist Drew Oetzel and receptionist Leticia Pavon, in addi-

tion to Artuz and Reyes (who also serves as bookkeeper and assistant

office manager).

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 grievances.

Though we cannot describe here every one of our current cases, we

summarize here the highlights of our legal docket.

American Civil Liberties Union of Northern California

Freedom of the Press

he ACLU-NC's legal challenge to the

state's practice of concealing lethal gas

execution procedures from the view of jour-

nalists and other witnesses continues its jour-

ney through the federal courts, with a_ trial

scheduled for early in 2000. In the lawsuit,

California First Amendment Coalition v.

Department of Corrections, the ACLU-NC

argues that these procedures prevent witnesses

from observing critical parts of the execution

process and conceal from public view actual

and potential problems in execution proce-

dures, impeding democratic discussion of the

death penalty and its implementation. The

District Court trial will focus on whether there

are sufficient prison security concerns to justi-

fy the Department of Corrections' witness

restrictions.

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 offi-

cials from observing the complete execution

procedure. Unable to offer first-hand accounts

of the entire process, including the difficulties

prison officials admitted they encountered in

inserting the IV needles, the journalists could

not thoroughly inform the public on the state

execution. Thus, the public had to rely solely

on prison officials for information about how

the death penalty is being implemented by this

new method of execution.

Freedom to Read

n a letter sent in June to the Laton School

District Board of Trustees, the ACLU-NC

protested the District's removal of two books

from use in English classes at Laton High School.

One of the books, Fallen Angels by Walter Dean

Myers, is the winner of the 1989 Coretta Scott

King Author Award, and the other, Bless me

Ultima, by Rudolfo Anaya, is widely considered

to be one of the finest pieces of contemporary

Hispanic literature.

Without ever having read the books in their

entirety, the school board ordered that they be

removed from all classrooms. The ACLU argued

that when a school board removes a book from

the curriculum because of a disagreement with its

message or point of view, it undermines the

integrity of the process through which curriculum

is set and paves the way for an endless series of

attempts to cleanse school reading lists of materi-

als found objectionable by one group or another.

Library Censorship

1 ACLU-NC, the Paul Robeson Chapter, and

the National Center for Lesbian Rights repre-

sented an employee of the West

Oakland Public Library who

refused to remove a Colors mag-

azine cover from a library dis-

play commemorating Gay Pride

Month. The cover portrayed two

men - one African American, the

other white - embracing and kissing.

The employee received a disciplinary

letter of instruction in her employee

file.

In a letter to the Office of the

City Attorney, the ACLU stated that

the library is not entitled to compel

its employees to violate the

Constitution.

The ACLU is currently working

with the library to ensure that dis-

plays adhere to First Amendment

principles and promote respect for

gay and lesbian issues; we are also

calling on the library to provide

mandatory training all staff and

administrators on freedom of speech

and preventing homophobia in the

workplace.

Right to Protest

Redwood Protesters

he ACLU filed an amicus brief

in the Ninth Circuit Court of

Appeals in August in support of the appeal of a

trial judge's decision that applying pepper spray

to the eyes of nonviolent protestors engaged in

civil disobedience was reasonable force.

The ACLU argues that the use of pepper

spray as a kind of chemical cattle prod on peace-

ful demonstrators constitutes excessive force and

violates the Constitution. The ACLU brief sum-

marizes a wide range of empirical, scientific and

toxicological research on pepper spray, includ-

ing animal studies, research and case studies,

which show that pepper spray's active ingredi-

ents, solvents and propellants create a danger-

ous chemical weapon.

In defense of old-growth redwood trees,

activists of the Headwaters Forest Defense

engaged in acts of civil disobedience in govern-

ment offices, company offices, and at the logging

site. In a novel and dangerous experiment in the

removal of demonstrators - several of them

minors - who had locked themselves together,

Humboldt County sheriffs directed pepper spray

at the protestors' eyes, sometimes swabbing the

chemical directly onto the eyelids and sometimes

spraying demonstrators' faces at close range.

The protestors filed a lawsuit, Headwaters

Forest Defense v. Humboldt County, in U.S.

District Court resulting in a hung jury. The ACLU

brief supports the protestors' request for a new

jury trial. The ACLU believes that the District

court and Humboldt exaggerated the constitu-

tional authority to use pain compliance on

demonstrators, and underestimated the danger-

ous impact of pepper spray. The ACLU argued

that Humboldt's experimental use of this chemi-

cal weapon was both hazardous and ignored

manufacturers' protocols. The single most impor-

tant consideration in assessing the reasonableness

of the use of this force is whether the suspect

poses an immediate threat to the safety of the offi-

cers or others. The ACLU argues that such a

threat did not exist in the case of these environ-

mental nonviolent demonstrators.

Vegetable Plant Striker

TS ACLU-NC urged the Court to strike an

order barring a King City vegetable plant

worker from engaging in public strike activities,

including peaceful picketing, passing out leaflets or

petitions on a public sidewalk, or attending union

rallies. In an October letter to the Monterey

~ County Coordinated Court, the ACLU-NC and the

ACLU Monterey Chapter argued that the order

infringed fundamental constitutional rights of free-

dom of expression and association and principles

of due process. Following a hearing, a plea bargain

was reached that ended the court restrictions on

the worker's public strike activities.

Sisters on Castro Street

he Sisters of Perpetual Indulgence, San

Francisco's irreverent but highly relevant

order of drag nuns, became the target of con-

troversy when their permit for a Castro Street

celebration on Easter Sunday was challenged

by a Catholic newspaper. In testimony to the

Board of Supervisors, the ACLU-NC cited a

plethora of cases to show that the city had no

legal basis to revoke the permit. The Board

voted not to rescind the permit, acknowledg-

ing that any other action would have infringed

on the rights of the sisters.

Anonymous

Speech

n April, the ACLU-NC testified at the San

Francisco Board of Supervisor's Housing and

Social Policy Committee against proposed revi-

sions to the San Francisco Municipal Code regu-

lating the posting of signs, handbills and banners,

arguing that the proposed ordinance infringed on

the constitutionally recognized right to engage in

anonymous speech. The ordinance would have

required individuals to include their names and

addresses on all posted signs.

The ACLU cited a United States Supreme

Court ruling that "anonymous pamphleteering

is...an honorable tradition of advocacy and dis-

sent. Anonymity is a shield from the tyranny of

the majority."

In response to the ACLU's concerns, the

Board of Supervisors amended the legislation,

removing the name and address requirement; the

ordinance now only requires commercial signs to

be posted without tape and makes it illegal for

people to remove signs.

Open Meetings

a lawsuit filed by the ACLU affiliates of

Northern and Southern California and the First

Amendment Project, Molloy v. Regents of the

University of California, the California Supreme

Court ruled in June that a student reporter and the

UC Santa Barbara student newspaper, The Daily

Nexus, may not pursue their allegation against for-

mer Governor Pete Wilson and the U.C. Board of

Regents for violating the state's Open Meeting Act

when they spoke privately to discuss the vote abol-

ishing affirmative action. The Court also held that

any cases claiming violations of the open meeting

law must be filed within thirty days of the alleged

violation, which allows public officials to meet

secretly if they can hide any evidence of wrong

doing for a month.

The ACLU argued that Governor Wilson's pri-

vate telephone conversations with a majority of the

Regents for the purpose of obtaining a promise to

vote in favor of the resolutions prior to the public

meeting at which the Regents abolished affirmative

action was a violation of the Bagley-Keene Act.

That law mandates that "all meetings of a state

body shall be open and public."

However, in a victory for open government, in

September Governor Davis signed into law a bill

that reverses the California Supreme Court's deci-

sion. The new law specifically allows public offi-

cials to be sued for past violations of the Open

Meeting Act.

In a major victory for open government and

police reform advocates, the ACLU-NC and People

United for a Better Oakland, won a December rul-

ing from the Alameda County Superior Court that

the Oakland City Council may no longer meet in

closed session to discuss and act upon proposed

changes to its Citizens' Police Review Board. (See

Police Practices Project.)

Talking about

Medical

Marijuana

e ACLU-NC is seeking a permanent injunc-

sae in U.S District Court barring the govern-

ment from punishing doctors who recommend

the medical use of marijuana to their patients. In

Conant v. McCaffrey, the ACLU-NC and others

are representing doctors and chronically ill

patients suffering from AIDS, cancer and other

serious illnesses.

Proposition 215, passed by 54:% of California

voters in 1996, provided immunity for the pos-

session or cultivation of marijuana by seriously ill

persons who use it on the recommendation or

approval of their physicians. (According to

numerous studies, marijuana works to relieve

owerful voices from

the ACLU-NC are

heard on local, state

and national news

on issues ranging

from racial profiling

and language rights

to videosurveillance

and censorship on the Internet. Our versatile,

well-informed staff speak about "Driving

While Black or Brown" on hip-hop radio sta-

tions, bilingual education on national Spanish

TV network news and the history of the

ACLU on in-depth public radio talk shows.

Our publications range from comprehen-

sive publications on student rights, to handy

pocket-size Rights on Arrest cards in English,

Spanish and Chinese to fact-filled brochures

on crucial campaign issues distributed by the

thousands door-to-door, precinct by precinct.

The Public Information Department works

to ensure that the voices of civil liberties advo-

cates resound throughout northern California.

Media

Our Public Information Department is known

as a reliable and comprehensive resource for

local, state and national media. Reporters

call our office every day for comment and

background on civil liberties issues - we field

more than 100 press calls a month. In addi-

tion to providing timely and comprehensive

information on our litigation and legislative

efforts, ACLU spokespeople provide expert

background and thoughtful opinion on issues

ranging from student rights and job discrimi-

nation to arts censorship and equal protection

for lesbian and gay employees.

Through press conferences, press releases,

radio and TV talk shows, op-ed columns, let-

ters to the editor and creative media strate-

gies, we affirmatively reach out through the

media to deliver our civil liberties message to

the public. This year we sent out more than

60 press releases; and held numerous press

conferences on issues ranging from our legal

challenge to U.C. Berkeley's racially discrimi-

natory admissions policy to the Governor's

veto of the DWB bill. We also encourage

reporters to come to court hearings to hear

our attorneys' powerful arguments.

DWB Campaign

This year, we launched an unprecedented

advertising campaign to promote our "Driving

While Black or Brown" - DWB hotline and to

mobilize opposition to the practice of race-

based police stops. This was the first time the

ACLU-NC was able to allocate resources for

billboard and radio advertising and, with the

generous support of two ad agencies, Carol

H. Williams Advertising and Headquarters,

and the billboard company Outdoor Systems,

that donated their services pro bono, we were

able to stretch the dollars into an innovative

1999 ACLU-NC Annual Report

and extremely effective campaign. We placed

4.2 billboards in English and Spanish through-

out the Bay Area; . our radio ads played for

two months on key radio stations. The ad

campaign generated numerous news and fea-

ture stories on radio, TV and in newspapers

and magazines, leading to even more expo-

sure for the DWB hotline. The ad campaign

was also adopted by the other ACLU affiliates

in California and by the national ACLU. More

than 2,000 people called the DWB hotline.

On the Web

Our affiliate web site www.aclunc.org gives

us new opportunities to provide information

to those seeking to learn more about civil lib-

erties in northern California.

On the Radio

ACLU-NC_ Executive Director Dorothy

Ehrlich has become a regular contributor to

KQED-FM's "Perspectives" series. Ehrlich

provides insightful and provocative commen-

taries on issues ranging from lesbian and gay

rights to the death penalty.

ACLU News

The ACLU News, published bimonthly and

distributed to our 25,000 members in north-

ern California, is our primary means of

informing our constituency about current

activities and policies of the affiliate. It also

serves aS a means to alert concerned people

about the need-for public support of key civil

liberties measures at a time when grassroots

activism can have the greatest impact.

lications

Our popular brochures - on topics

ranging from drug testing at the

workplace to reproductive rights are

distributed widely around the state.

For example, We Have Rights

Too...But What Are They, our ques-

tion-and-answer tabloid on the

rights of young people has been dis-

tributed to 160,000 students. Our

pocket-sized Rights on Arrest cards,

available in English, Spanish and

Chinese are always in demand; and

How Do I Make My Choice?

: Reproductive Rights in California is

2 distributed widely in health clinics

euro and women's organizations.

`ivil |

fesource

Our Public Information Department often

serves as a consultant on media strategy for

the many civil rights and civil liberties organi-

zations with whom we work in coalition.

Throughout the year, we have helped create

public education campaigns on issues ranging

from the death penalty to affirmative action.

Public Information Director Elaine Elinson is

also a member of the national ACLU Public

Education Group, which helps create materi-

als and coordinate public information efforts

throughout the country.

The Public Information Department is

directed by Elinson with assistance from

Public Information Associate Stella

Richardson and Program Assistant Melissa

Schwartz. We are fortunate to have the assis-

tance of long-term, committed volunteers who

help to monitor the press and maintain our

extensive subject files as well as

a number of students who intern

with our Department through- (

out the year. a