vol. 64, no. 2
Primary tabs
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
|
|
|
|
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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