vol. 66, no. 3 (November-December)

Wo.ume LXVI

massive mobilization of its supporters in a

doms that Attorney General John Ashcroft

and the Bush Administration-have targeted

since last year's terrorist attacks.

"Those who ask the American people to

choice,"

president of the ACLU. "The real difficult

powerful balance between two fundamen-

way America can be both safe and free."

dented engagement

SAFE Al

THE ACLU CAMPAIGN 10

resources, leadership and grassroots sup-

porters in the organization's 80-year histo-

ry. A crucial element in the campaign is a

30-second television spot - the ACLU's first

graphically illustrates how essential free-

doms have been curtailed in the name of

security since Sept. 11.

nationwide effort to safeguard the free- |

choose whether they want to be "safe or

free" are presenting a false and dangerous _

says Nadine Strossen, national -

task ahead is to create a new and more |

tal values - liberty and security. In this

The campaign represents an unprece- |

of the ACLU's |

KEEP AMERICA.

national television advertisement - that -

"Look what John Ashcroft is doing to |

our Constitution," a voiceover says as the |

screen. shows a pair of hands editing and |

aclu news

i i 2002

New ACLU CAMPAIGN:

Look what John Ashcroft is doing to our

Constitution. ...He's seized powers for the Bush

Administration no president should ever have.

The right to investigate you for what you say, to

intrude on your privacy, to hold you in jail

without charging you with a crime."

- Excerpts from the ACLU's new television ad, "Constitution."

cutting out portions of the Constitution and

the Bill of Rights. "He's seized powers for the |

Bush Administration no president should

ever have. The right to investigate you for

what you Say, to intrude on your privacy, to

hold you in jail without charging you with a

Grime, -Uhe ad @ is online at:

ACLU-NC executive director Dorothy Ehrlich, National ACLU president Nadine Strossen,

and War Times co-founder Rebecca Gordon (I-r).

www.aclu.orgSafe-andFree/.

The ACLU launched the campaign on

October 16 at news conferences around the

nation. At a packed San Francisco news

conference, Dorothy Ehrlich, executive

director of the ACLU of Northern

California, was joined by Strossen, as well

as Jan Adams and Rebecca Gordon, local

peace activists whose personal story pro-

vides a chilling illustration of government

overreach since Sept. 11.

When Adams and Gordon arrived at

San Francisco airport to check in for a

' flight to Boston in August 2002, an airline

employee told them both their names had

appeared on an FBI "no-fly" list. "They

asked if there was any reason that our

names could be on the list," says Adams.

"Immediately, | thought `War Times is

bothering the government."

War Times is a publication founded by

a group of activists including Adams and

Gordon after Sept. 11. The publication,

which appears in print and online, has crit-

icized the government for its position on

Afghanistan, the erosion of civil liberties in

the wake of the attacks, and the looming

invasion of Iraq.

Agents told the women that if their

names appeared "on a master-list" they

would be held for the FBI. The women were

detained by three San Francisco a offi-

$8 8 and 8 88 8 and Beet Pee Ee and

a ei te) oe oe we ee LIBERTIES UNION oF NORTHERN CALIFORNIA

Non-Profit

Organization

US Postage

PAID

Permit No. 4424

San Francisco, CA

Keep America Safe and Free

Imost a year to the day after |

Congress passed the USA Patriot Act

into law, the ACLU has launched an |

unprecedented $3.5 million campaign that

includes paid television advertising and a |

War Times co-founders Jan Adams and -

Rebecca Gordon's names both appeared on

an FBI "no-fly" list.

cers, who determined that Adams and

Gordon were not on the master list and per-

mitted them to fly - but not before their

tickets were marked with a large, red "S,"

singling them out for special searches.

Activists in other parts of the country say

they have experienced similar problems.

Continued on page 2

ee o SERRE SR RERE SR SEER SEE ES

District Agrees To

- Sweeping Anti-Gay |

Harassment Program

BY STELLA RICHARDSON

MEDIA RELATIONS DIRECTOR

EB Vhe Visalia Unified School District

[Ns agreed to adopt far-reaching

reforms to protect the rights of gay

and lesbian students, including a ground-

breaking training program designed to pre-

vent harassment in schools before it starts.

This landmark settlement, announced

August 138, ends a federal lawsuit filed by

the ACLU over persistent anti-gay harass-

ment in the district. The suit was filed on

George Loomis fought against harass- -

ment of gay students in Visalia

CHERYL ARTUZ

behalf of George Loomis, who faced relent-

less discrimination as a senior at Golden

West High School in Visalia, and the Gay

Straight Alliance Network (GSAN).

"This milestone settlement shows

schools how to meet their legal obligation

to not only respond to anti-gay harass-

ment, but to actively work to prevent it,"

says Ann Brick, an attorney with the ACLU

of Northern California. "Students in

Visalia will now have a shot at being treat-

ed equally, and the rest_of California and

the nation will have a strong model for

addressing these issues."

The settlement requires mandatory

training, designed by the Intergroup

Clearinghouse and the GSAN, for all high

school students and for staff at all of the

district's schools.

Continued on page 10

WHAT'S INSIDE

Gigi PANDIAN

ae mb Oe (R)

=

New Report Profiles Victims of Sept.

Northern California, in collaboration

with community and civil rights groups,

set out to explore the Sept. 11 backlash here

in northern California. We wanted to know

how the fallout impacted people here, thou-

sands of miles from where the twin towers

|: the summer of 2002, the ACLU of

fell. Has discrimination reached its tenta- _

cles into our schools, campuses and city

streets? How have new government policies

that curtail civil liberties impacted the peo-

ple of this region? What has this year meant

for those of Arab, Muslim and South Asian

descent, and for political dissenters?

The result is Caught in the Backlash:

Stories from Northern California, a report

that tells the stories of 20 people from the

region who were targets of private or gov-

ernment discrimination in the year follow-

ing the attacks. The report, released on

Nov.138, 2002, is available online at

www.aclunc.org, or by calling Gigi Pandian

on 415-621-2498x358.

Here are some of the faces of the back- |

lash.

Sugako Green. Half-Palestinian, half-

Japanese, and an American Muslim,

Sugako Green is no stranger to racism.

Sugako, 26, grew up in foster homes and |

her own grandfather was interned in

camps during World War II. But nothing

Sugako Green

prepared the young Oakland resident for

the discrimination directed at her and her

daughter by police officers, a college pro-

fessor, a security guard and others in the

months following Sept. 11.

Mustapha Ghezali is a man with strong

Opinions, who used to think that speaking

your mind was welcomed in the United

States. But the rules changed after Sept.

11, the practicing Muslim found. The FBI

visited the, San Jose State University cam-

pus to question him about his political

Mustapha Ghezali

views. News of the questioning sparked

hostility, and one student called the police,

accusing Mustapha of being a terrorist.

Mustapha was accosted at gunpoint, jailed

for two days, and barred from campus dur-

ing final exams. No charges were filed, and

Mustapha is fighting on campus to clear

his name. He now lives in a state of "com-

plete fear;" his view of America and his

trust in others shattered. "Nothing caused

it other than Sept. 11," he says.

Barry Reingold always believed in free-

dom of speech. But he never expected that

voicing his opinions would earn him a visit

from federal agents. Yet, days after Barry

BGS GSES SSREPEC SPHERE SREEESP ERS SERESSERERSESERRESSERESES ES SSB

Keep America ...

Continued from page |

The source of the blacklist remains a |

mystery, with no federal agency admitting (c)

to administering the list. "The problem |

with this list is that there is no account- _

ability," says Jayashri Srikantiah of the |

ACLU-NC. "People don't know why their

names were put on the list and they don't |

know how to get them off."

Gordon, 50, and Adams, 55, are anxious

to know how their names appeared on the

list and how they can get them removed.

But, while they worry about what will hap-.

pen the next time they fly, they have decid-

ed to continue with their War Times work.

"We've got a war to stop," says Adams.

"We're more determined than ever to work

for peace." ;

Ehrlich says that Adams and Gordon

are far from alone. "In northern California

and throughout the country there are a

growing number of people who are fright-

ened and angry about the government's

anti-civil liberties response to the terrorist

attacks," she says. Many people, including

Gordon and Adams, says Ehrlich, "are

ready to act."

The ACLU is working in partnership

with other community and local organiza-

tions around the nation to introduce local

resolutions designed to protect civil liber-

ties and repeal provisions of the USA

Patriot Act, as well as ordinances prohibit-

ing local law enforcement participation in

repressive federal initiatives. Nine commu-

nities including Berkeley, CA, have passed

local initiatives already - and approximate-

ly 40 others are considering such measures.

The ACLU will also continue to moni-

tor implementation of the USA PATRIOT

Act and will work on a multi-year plan to

secure its repeal. Strossen says that she

has spoken with members of Congress who

expressed misgivings about having voted

for the USA Patriot Act under pressure and

with just hours to review the final 300-page

bill.

"We take heart from the efforts of key

members of Congress who are actively

attempting to monitor how the

Department of Justice uses its broad new

powers," said Strossen, "and we will do

everything in our power to ensure that

future efforts to restrict our liberty will be

examined and debated in public, unlike

the USA PATRIOT Act." @

Barry Reingold

criticized President Bush in a San Francisco

gym, two FBI agents showed up at his door

to question him about his political views.

Kamal Hakim When the FBI called in

Kamal Hakim for questioning in the weeks

following Sept. 11, he couldn't figure out ~

why. But his attorney, Cara Jobson, had an

idea: "I assume he was profiled because he's

Kamal Hakim

|! Backlash

from Yemen," she said. Agents asked Kamal

if where he prayed, what he read, how he

spent his leisure time. They asked if he knew

Osama bin Laden. And then they asked him

to keep them informed on the activities of

his neighbors. Kamal became afraid that a

failure to comply would jeopardize the one

thing he wanted most: U.S. citizenship.

Kate Raphael

Kate Raphael is a peace activist who

works on Middle East issues. She was

shocked to return to her Berkeley home

one night to find a message from the FBI

asking "who she knew in the Middle East."

`When Kate said she had nothing to tell

them, agents threatened her with a sub-

poena. The incident was chilling, says

Kate, but it was also baffling. After all, she

says: "If it's your job to hunt Islamic funda-

mentalist terrorists then it's your job to

know that they don't hang out with Jewish

lesbians in San Francisco."

Puortos By Rick ROCAMORA

Organizer/Advocate Joins

ACLU Team |

BY GIGI PANDIAN

ProGRAM ASSISTANT

anjeev Bery started in the new posi-

tion of Organizer/Advocate at the

ACLU-NC in September, 2002, with a

tough but clear brief: help us organize in

our communities to pass resolutions call-

ing for repeal of provisions of the USA

Patriot Act. Thanks to a generous grant

from the National ACLU Foundation, Bery

will be working alongside the affiliate's

taskforce on post-Sept. 11 issues for six |

months, with the goal of building a |

groundswell of resistance to national mea- |

sures that erode civil liberties. :

Northern California native Bery comes

to the ACLU-NC with a wealth of experi-

ence, including working as an advocate at

U.S. Public Interest Research Group in

Washington, DC, and most recently, on

campaigns at Rainforest Action Network in

San Francisco. "The ACLU has always

stood up for civil liberties during unpopu-

lar times," Bery commented, "and it is so

ACLU News = November = DECEMBER 2002 = Pace 2

exciting to be part of this proactive organi-

zation at a time when elected officials

aren't working on their own to protect civil

liberties."

ACLU-NC Advocate/Organizer Sanjeev

Bery

First Amendment Victory in Landmark Prison

Internet Case

By STELLA RICHARDSON

advocates, as well as for prisoners and

those who correspond with them, a fed-

eral judge has struck down an attempt by

`some California state prisons to bar prison-

- ers from receiving mail that contains mate-

`rial printed from the Internet. On

September 9, U.S. District Judge Claudia

| Wilken entered a permanent injunction

barring the California Department of

Corrections (CDC) from enforcing such

policies, ruling that they violate prisoners'

First Amendment rights.

"Denying prisoners the right to surf the

Internet is one thing," said Ann Brick, staff

attorney with the ACLU of Northern

California. "But denying them the ability to

receive copies of material from the Internet

is both irrational and completely out of step

with the way people communicate with

each other and obtain information today."

l n major victory for First Amendment

|

"The loss of First Amendment

freedoms, even for minimal periods of

time, unquestionably constitutes

irreparable injury."

The ACLU of Northern California and

the Prison Law Office represented Pelican

Bay prisoner Frank Clement in the lawsuit.

The Pelican Bay policy, like similar

policies at seven other prisons, classified

material as contraband simply because it

had been printed from the Internet. Thus,

the policies barred prisoners from receiv-

ing a copy of an email from a family mem-

ber, while allowing them to receive a

handwritten version of the same message.

While a prisoner might receive a copy of

the front page. of the New York Times, the

exact same articles would be confiscated if

they came from the newspaper's online

edition. Information about HIV/AIDS,

Bible study material, materials about |

parole schedules and college financial aid,

and information about prison rape were all

banned if printed from the Internet.

"Prisoners were being barred from |

receiving timely information that is crucial

to their health, education, religion or the

process of an appeal," says Heather McKay,

an attorney with the Prison Law Office in |

San Quentin. "Sometimes, this information |

is only available online, or can only be

obtained offline at a later date or at addi-

tional cost."

Judge Wilken, who granted summary

judgment for Clement, wrote that "the

prison's policy of prohibiting Internet-pro-

duced material from being received by the

prisoners violates the First Amendment,"

and cited earlier rulings that, "The loss of

First Amendment freedoms, even for mini-

mal periods of time, unquestionably con-

stitutes irreparable injury."

The defendants have now asked Judge

Wilken to narrow her injunction so that it

applies only to materials sent to Mr.

Clement or only to prisoners at Pelican

Bay. The hearing on that motion, which is

being vigorously opposed by the ACLU-NC,

`will take place in early November.

The national law firm of Pillsbury

Winthrop is acting as cooperating attor-

neys in the case Clement v. Corrections

Department. and

BSORARHSHORORERARRHERAREHSERRRHESESRRREERRGEHHRAREHEEH RE HART SERRATE HGHSSRRSHSRRHSRRHREHEOHRSHSSHERRE HRA HET HRRESSESRRHRHERRHE ES ERE ESE

Appeal Court Rejects

Final Challenge to

Prop. 2|

BY STELLA RICHARDSON

n August 18, the California Court of

Appeal rejected the ACLU's final |

challenge to Proposition 21, the

controversial juvenile crime initiative

passed into law by California voters on |

March 7, 2000. In League of Women Voters

v. Davis, the ACLU of Northern California,

representing the League of Women Voters

of California, Children's

voters approved was different from the

version circulated during the signature-

gathering period.

"This case exposes grave flaws in the |

Advocacy -

Institute, and Coleman Advocates for -

Children and Youth, argued that the |

initiative violates California's elections (c)

law because the text of the initiative that |

initiative process," said Steven Mayer, a

partner with the law firm of Howard, Rice,

Nemerovski, Canady, Falk and Rabkin and

co-counsel with the ACLU. "The text of

Proposition 21 placed before the voters

was not the same as the version of

Proposition 21 on the initiative petitions

themselves. Nor did the ballot pamphlet

accurately reflect the provisions of state

law that Proposition 21 changed."

Mayer argued the case before the Court

of Appeal on August 7, 2001. The lawsuit was

filed in San Francisco Superior Court on

June 7, 2000. The ACLU plans to monitor

the implementation of Proposition 21 and

participate in court cases and public advo-

cacy in an attempt to mitigate the harsh

effects of the measure on California's chil-

dren. @

@SSSSEE SR SEERSRRSERARSRSRSEERSER ESSERE SHEESH HREEERRRSHHEEEETH SEE SE

`""`No Parole' Policy

Before High Court

BY NICK OAKLEY

ACLU INTERN

en the California Supreme Court

convened in Fresno for the first

time in history on October 8, it

heard argument on a crucial case. /n Re:

Rosenkrantz will determine the fate of San

Luis Obispo inmate Robert Rosenkrantz,

and the constitutionality of Governor Gray

Davis' "no parole" policy.

Rosenkrantz was convicted of second-

degree murder in 1985, when, at the age of

18, he killed a friend of his brother's who

attacked, beat, and outed Rosenkrantz as

gay. After serving the minimum 17-years-

to-life sentence, Rosenkrantz became eli-

gible for parole. Citing the evidence of his

rehabilitation, the fact that while in prison

Rosenkrantz completed a B.A. degree,

became an expert in computers, had a per-

fect disciplinary record, and completed

every psychological rehabilitation program

there was to offer, the Board of Prison

Terms (BPT) recommended _ that

Rosenkrantz be paroled.

In spite of the recommendations of

BPT, the victim's grandmother, the trial

judge, and the detectives who investigated

the homicide, Gov. Davis overturned the

recommendation. Gov. Davis, who stated

shortly after becoming governor that he

would not parole anyone convicted of mur-

der, has granted parole in only two of the

112 cases that have come before him, both

times for battered women accused of

killing their husbands. The BPT has con-

ducted over 9,000 hearings during the

Davis administration, and has found only

112 prisoners suitable for parole.

"The Governor has eviscerated

California's parole system by implementing

a "no parole" policy unprecedented in its

open rejection of the statutory, constitu-

tional and moral underpinnings of the

parole system in this state," wrote Alan

Schlosser of the ACLU-NC and Kyra Busby,

an associate with the San Francisco law-

firm Latham and Watkins, in a recent col-

umn on the subject. "As a result, thousands

of prisoners have had their sentences of

' court struck down California Depart-

_ ment of Corrections restrictions which pre-

| vented the public and media witnesses from

_ observing the process until after the inmate

had been brought into the chamber,

_ strapped to the gurney and had the IV nee-

Court Upholds Media

Access to Executions

BY STELLA RICHARDSON

ists, the Ninth Circuit Court of

Appeals, in a unanimous and

unprecedented three-judge ruling,

| naresounding victory for journal-

_ ruled on August 2 that reporters and

the public have a First Amendment

right to witness executions from start

to finish. The ruling in California

First Amendment Coalition v.

Calderon, clears the way for

reporters and the public to view the

entire process of executing a con-

demned inmate by lethal injection.

On First Amendment grounds, the

"It is critical that

journalists continue

to witness the entire

execution of a

condemned inmate

and act as the eyes

and ears of the

public."

dles inserted into a vein.

"In a democracy it is critical that jour-

nalists continue to witness the entire exe-

| cution of a condemned inmate and act as

the eyes and ears of the public," said Alan

Schlosser, legal director of the ACLU of

Northern California. "Today's decision

makes it clear that the First Amendment

prohibits the government from limiting

public information to the government's

version of these critical parts of the

method of execution."

The government was appealing an ear-

life with the possibility of parole converted

to life without the possibility of parole."

Rosenkrantz challenged the Governor's

decision in Superior Court, then the Court

of Appeal. Both state courts concurred that

Davis had no legal basis for denying

Rosenkrantz parole. In the last 14 months

five superior courts in the state have taken

the extraordinary step of ruling that the

Governor acted unlawfully by reversing

BPT parole grants. Faced with several

challenges to the apparent policy, Gov.

Davis asked the California Supreme Court

to clarify his power to override the board's

already infrequent grants of parole.

On October 8, the state's highest court

heard this challenge, with Donald Spector,

executive director of the Prison Law Office

ACLU News = Novemser = DECEMBER 2002 = Pace 3

| lier ruling by U.S. District Court Judge

_ Vaughn Walker. Judge Walker issued an

injunction on July 27, 2000, following a tri-

al in which the ACLU argued that journal-

ists and public witnesses have a First

_ Amendment right to witness executions in

their entirety and that there is no evidence

that media presence jeopardizes prison

security. The ACLU filed the lawsuit on

behalf of the California First Amendment

Coalition and the Society of Professional

Journalists on April 9, 1996.

On October 11, 2002, the Ninth Circuit

_ denied the request for a rehearing at the

_ full court. It is expected that the state will

_ file a petition with the United States

Supreme Court.

SOR SEER RERSSER BEE SS RSS SPS HLERS SPSS HE SER SHR SKEET ESRERSSE

(PLO), arguing on behalf of Rosenkrantz. The

ACLU-NC `filed an amicus brief in the case on

behalf of a diverse array of amici including

Judge James Albracht, the trial judge in the

criminal trial of Rosenkrantz; the California

Council of Churches; the Board of Rabbis of

Northern California; and the Directors of the

Office of Detention Ministry of the Twelve

Dioceses of the State of California.

Spector argued that Davis' arbitrary

denial of parole constitutes a denial of

individualized consideration that violates

both the state and federal constitutions,

and that Gov. Davis violated prohibitions

against ex post facto laws by increasing

Rosenkrantz's punishment.

The court will rule within 90 days of the

hearing date.

Defending Freedom in Times of Crisis

By Gigt PANDIAN

66 T his day was designed to enable us

to really figure out how to

respond to the civil liberties cri-

sis of a generation," ACLU-NC executive

director Dorothy Ehrlich declared in her

opening remarks at the affiliate's annual

activist conference held on Saturday,

September 21.

Throughout the day, attendees attend-

ed a range of workshops and talks designed

to do just that.

Close to 200 people from throughout

northern California gathered at San Jose -

State University's student union to listen,

learn, and brainstorm about the current

civil liberties crisis at the conference enti-

tled Defending Freedom.

A CHILLING INVESTIGATION

The day kicked off with a keynote address

by investigative reporter Seth Rosenfeld,

who outlined his 17-year struggle to use

the Freedom of Information Act to expose

an orchestrated campaign by the FBI dur-

ing the 1960s to thwart the Berkeley Free

Speech Movement, intimidate activists,

and oust then UC Berkeley Chancellor

Clark Kerr.

Rosenfeld began his navigation

through the court system while a graduate

student in journalism at UC Berkeley, and

obtained access to over 200,000 pages of

confidential records only after his battle

reached the U.S. Supreme Court. His

odyssey culminated in a June 2002 San

Francisco Chronicle expose, "The Campus

Files: Reagan, Hoover, and the UC Red

Scare" - and in Rosenfeld's receipt of the

Conference attendees listen intently to panelists.

California Newspaper Association's

Freedom of Information Award.

At this new time of uncertainty, as

then, Rosenfeld warned, government pow- _

er must be kept in check so that secrecy

and deception do not triumph over free-

dom. The Campus files can be. viewed

online at www.sfgate.com/campus.

PLENARIES TACKLE ASHCROFT AND

CONNERLY

The plenary. sessions dealt with two of the

most pressing challenges facing the ACLU

today: the Bush administration's erosion of

civil liberties since Sept. 11, and Ward

Connerly's divisive new ballot initiative,

which would conceal crucial information

Investigative journalist Seth Rosenfeld

gives the key-note speech.

"This day was designed to enable us to really figure

out how to respond to the civil liberties crisis of a

generation..."

- Dorothy Ehrlich

ACLU-NC executive director

about race discrimination in the state of

California.

The War on Terrorism': A War on Civil

Liberties was packed with information on

civil liberties since Sept. 11, 2001. The first

three speakers - ACLU-NC board chair and

Santa Clara University law professor

Margaret Russell, ACLU-NC police prac-

tices director Mark Schlosberg, and Stacy

Tolchin, an attorney with the law firm Van

Der Hout and Brigagliano - outlined the man-

- ifold ways in which the USA Patriot Act and

subsequent executive orders broaden the

scope of government power and undermine

checks and balances. :

"The language of legislation is tremen-

dously important to the law," said Russell.

"The USA Patriot Act is over 300 pages and

was passed in record time with such broad

language that it has created relaxed stan-

dards for law enforcement." Schlosberg

pointed to new powers that permit intelli-

gence agencies to monitor churches,

"The USA Patriot Act

is over 300 pages and

was passed in record

time with such broad

language that it has

created relaxed

standards for law

enforcement."

- Margaret Russell

mosques and political meetings without

suspicion of a crime, and

spoke of the ACLU's work to

ensure that any investiga-

tions conducted on

California soil respect the

state's constitutional right to

privacy. Tolchin outlined a

broad array of measures that

have scapegoated immi-

grants since Sept.11, includ-

ing the detentions and

deportations of hundreds of

Arab and Muslim men in

secret procedures that

undermine open democracy.

Helal Omeira, executive

director of the Council on

American Islamic Relations

(CAIR) of ~-s- Northern

California, and Rachel Swain,

ea : actured

communications director of P d

the ACLU-NG, turned the discussion to how |

these measures touch ordinary people's |

lives. Omeira talked about a disturbing rise |

in hate incidents, which was only enflamed -

by government actions targeting people of

Arab, South Asian. and Muslim descent.

"Unfortunately, [our] community has been |

found guilty without due process," said |

Omeira. Swain noted that many victims of

private and government discrimination are |

afraid to speak out, but told stories of some

ACLU News = November - ewe ye Pee Ce

GiGi PANDIAN

Field Commi fee Chair ichelle "Mickey Welsh ( rig

presents the Dick Criley Activist Award to the Sonoma

County ACLU Chapter (Sonoma co-chair Steve Fabian

Sen

individuals who have agreed to be profiled

in a new report, Caught in the Backlash:

Stories from Northern California. (see

DNs

FIGHTING DISCRIMINATION IN

CALIFORNIA

Ward Connerly's latest initiative will not be

on the California ballot until March 2004,

but the second plenary, Hrasing Race: The

New Connerly Initiative, illustrated why

the affirmative action foe's "Race

Information Ban" is already a crucial issue

for activists around the state.

"The Connerly initiative is a devious

attempt to undermine the enforcement of

longstanding civil rights laws by making it

impossible to document discrimination,"

said Ted Wang, policy director for Chinese

for Affirmative Action. "If this initiative

passes, most government agencies that are

responsible for the enforcement of civil

rights laws in California will not be able to

ask or record a person's race or ethnicity -

even in the situation where an individual is

trying to report a discrimination complaint."

`Jan Liu of the Asian Pacific Islander

American Health Forum explained that

public health organizations and

researchers depend on information that

would be outlawed by the initiative in

order to address pressing problems like

teen smoking, breast cancer and asthma.

"We need more information, not less," said

Liu. Finally, Californians for Justice orga- -

nizer Ed Lee stressed the need to gain

momentum early in the campaign. For

more information, visit www.aclunc.org/

connerly_initiative.

Sonoma County ACLU CHAPTER

HONORED

The Dick Criley activist award is a tribute to

life-long civil liberties advocate and leader

Dick Criley, who carried out much of his

activist work through the Monterey ACLU

chapter. Each year the award recognizes

the work of outstanding chapter activists.

This year, the Sonoma County ACLU

received the award for their remarkable

work on civil liberties in the difficult year

after Sept. 11. Field committee chair

Mickey Welsh presented Sonoma County

Chapter co-chair Steve Fabian with the

award. "They deserve our thanks and

acknowledgment of their extraordinary

effort," Welsh stated. "Widely distributing

educational materials, sponsoring public

forums, and signing up over 100 new ACLU

members at their annual dinner - which

featured Sister Helen Prejean this year -

the chapter has truly done a commendable

job." and

See Page 12 for highlights of the work-

shops.

STUDENTS EXPLORE MAQUILADORAS AND BORDER CROSSINGS ON SUMMER INVESTIGATION

Immigration Unplugged, 2002

By Linpsay WAGGERMAN

2002 GRADUATE FROM VALLEJO HicentH SCHOOL

ur trip began at Angel Island in the

QO San Francisco Bay. We listened as

the docent told us stories of the

thousands who were held at the island's

immigration station, and read us poems of

despair that were carved into the walls. We

are 25 high school and college students of

the Howard A. Friedman First Amendment

Education Project taking our first step to

the platform to dive into the depths of

immigration. Our trip is entitled,

Immigration Unplugged: 2002, A Field

Investigation by and for Youth.

On our investigative trip, we met with

numerous groups from San Francisco to

Tijuana, including the Intergroup

Clearinghouse, the Youth Law Center, the

San Francisco Day Laborers Program, Yuri

Kochiama, Project USA, The Council on

American Islamic Relations, Centro de

Informacion para Trabajadoras/-

Trabajadores (CITTAC) , the California'

Coalition for Immigration Reform, the San

Diego Border Patrol Sector, and both the

San Jose and Fremont police chiefs. Each

speaker presented us a new aspect, opin-

ion or experience concerning immigration.

Why IMMIGRATE?

The one component of immigration that

every organization addressed was why

someone would immigrate to the United

States. Most people don't come by choice,

we learned. We heard from recent immi-

grant youth who told us of their escapes

from gangs, abusive parents, and poverty,

which started them on their journeys to

this land of opportunity. The youth we

talked to were caught, sent back, caught,

sent back until they finally arrived in the

United States. Then, they were detained

for months after arriving in this country,

not allowed to see family members who

legally reside within the U.S. borders.

EXPLORING MAQUILADORAS

We traveled to the border between the

United States and Mexico. A simple line, a

We traveled to the border between the United

States and Mexico. A simple line, a simple fence

that withheld so much from people, and offered -

so much to others.

Students experience farm work conditions as they work for their dinner at ALBA

SHAYNA GELENDER

(Agriculture Land Based Training Association) in Salinas during their week-long trip

exploring immigration issues throughout California

simple fence that withheld so much from

people, and offered so much to others. A

_man-made barrier whose very existence

prevents freedom. We crossed the border

to Tijuana to meet with Jaime Cota of CIT-

TAC, an active organizer of sweatshop

workers. He told us of the oppression

caused by American corporations who

opened factories in Mexico, and brought

home the issues of the maquiladoras, or

sweatshops, which seem so-distant when

we are at home.

"IT was moved and inspired by our meet-

ing with Jaime. He described the desper-

ate state of the maquiladoras in Mexico -

the way they force birth control into

women, sacrifice safety for profit, and pay |

workers ridiculously low wages," said

Amelia Rosenman, junior at Lick-

Wilmerding High School. "He also illumi-

nated the complex causes and widespread

effects of this economic and cultural

exploitation."

4 a Oe we) eed

`The existence of American companies

in foreign countries is an example of mod-

ern day imperialism: the workers barely

make enough money to survive, but yet

they can't live without the small amount of

money they receive.

Stuck with this predica-

ment many workers

decide to leave it all

behind, and go to the

United States to earn

decent money.

But how is it that

someone can cross from

Mexico to the United

States?

CROSSING THE

BORDER

We trekked along the

border in three large

white vans until the bor- Gelender )

der sank into the ocean. Each van hada

San Diego Border Patrol agent at the steer-

ing wheel sharing with us their experi-

ences of working at the border. Our tour of

the border ended once we hit the Pacific

Ocean and we turned around to drive along

the beach for a while before heading back

to the main station. The agents explained

to us their job, of making sure that "ille-

gals" don't get into the country. We saw

their work in videos of border patrol agents

rounding up immigrants along the border:

three men on horses with ground sensors

and well built fences tracking down people

on their two feet, carrying what little

belongings they had. The border patrol

agents explained their tactics to us in ways

that made it seem impossible for anyone

with dirty clothes and dark skin to walk

freely in the United States without being

questioned.

SWEATSHOPS AND Day LABOR IN

CALIFORNIA

The obstacles don't stop at the border.

Talking to Marissa Nuncio of Sweatshop

Watch in Los Angeles we learned that there

are 6,000 sweatshops in California, 5,000 of

which are in Los Angeles. These sweat-

shops usually use immigrant labor because

immigrants frequently don't know their

rights and are often desperate for any job

they can get. Beyond sweatshops, recent

Special thanks to ACLU Board member Rint Chakraborty

(left) who generously donated her time to serve as chaperone

on the trip (pictured with Friedman Youth Advocate Shayna

immigrants often work in the fields as day

laborers. We met with organizers who are

working to ensure that day laborers are

paid appropriate wages and have safe

places to wait for work, and to allow day

laborers to organize themselves, instead of

a city group dictating and controlling their

organizing.

THE ANTI-IMMIGRANT RHETORIC

In many ways immigrants are left with

"bottom of the ladder" jobs, and their work

keeps our economy ticking. Yet many peo-

ple, we learned, have a very bleak view of

immigrants. Brenda Walker of ProjectUSA

and Tim Aaronson of the Bay Area

Coalition for Immigration Reform present-

ed us with a position that was challenging

to accept. Their concerns of domestic

overpopulation and overconsumption led

them to one conclusion: tighten up the bor-

ders and prevent nearly everyone from

entering the United States. It was painful

to listen to people so easily disregard

human rights for those who are not

American. Representatives from the

California Coalition for Immigration

Reform (including Chairperson Barbara

Coe and Pat Buchanan's ex-running mate,

Isola Foster) also spoke to us, preaching

that the immigrant culture allowed mur-

- derers and rapists, and was something that

prevented the United States from growth.

Both of these anti-immigration groups

left me appalled. What gives me more of a

Continued on page 9

VOTING

Who is eligible to vote?

he by-laws of the ACLU of Northern California call for the at-large Directors of the

Board to be elected by the general membership. The general membership is those

members in good standing who have joined or renewed their membership within the

last twelve months. ;

The label affixed to this issue of the ACLU News indicates on the top line the year

and month when your membership expires.

Ifyou are not eligible to vote, you may choose to renew your membership, and there-

by resume your membership in good standing, at the same time you submit your ballot.

If you share a joint membership, each individual is entitled to vote separately -

two spaces are provided on the ballot.

How are candidates nominated to run

for the Board of Directors?

he ACLU-NC by-laws permit two methods of nomination. Candidates may be

nominated by the current Board of Directors after consideration of the

Nominating Committee's recommendations. Candidates also may be nominated

by petition bearing the signatures of at least fifteen ACLU-NC members in good

standing.

BOARD OF DIRECTORS

ELECTION

INFORMATION

Ballot Instructions

andidates are listed on these pages in alphabetical order. After marking your bal-

lot, clip it and enclose the ballot and your address label from this issue of the ACLU

News in an envelope. Your address label must be included to ensure voter eligibility.

Address the envelope to:

Elections Committee

ACLU of Northern California

1663 Mission Street, Suite 460

San Francisco, CA 94103

If you have a joint membership, you may use both of the columns provided, and

each of the members may vote separately.

If you wish to ensure the confidentiality of your ballot, insert your ballot in a dou-

ble envelope with the special mailing label in the outer one. The envelopes will be sep-

arated before the counting of the ballots.

Ballots must be returned to the ACLU by noon on December 16, 2002.

There are twelve candidates running to fill ten vacancies on the Board of

Directors. You may vote for up to ten candidates.

For your consideration, we are publishing brief statements submitted by the candi-

dates for election to the Board of Directors. Candidates are listed in alphabetical order.

CANDIDATES'

ee Nee

Luz Buitrago

Board. I have served several prior terms as an active Board

member. Currently, | represent the Northern California Affiliate

on the National Board, chair ACLU-NC's Legislative Policy

Committee, and am a member of the Executive Committee.

~ Tam committed to continue to contribute to this wonderful

organization, particularly given the extraordinary attacks on civ-

il liberties and rights that have occurred post Sept. 11. Iam com-

mitted to protecting all civil rights and liberties, but have a

particular interest in the intersection of poverty and civil rights,

anti-discrimination, reproductive rights, the rights of youth, and the rights of immigrants

and limited English speakers.

I have been a public interest attorney for many years. | am the Director of the Law

Center for Families-a non-profit agency that provides legal assistance and advocacy to

low-income residents in Alameda County. I am a member of the California Advisory

Committee to the U.S. Civil Rights Commission, am on the Board of Equal Rights

Advocates and am active in civil rights related issues.

ar honored to have been asked to serve another term on the |

Nominated by: Board of Directors (c)

Incumbent: Yes |

Scott Burrell

ee truly honored to have been nominated for a seat on the Board. The ACLU's vigilance

in the area of civil liberties and human rights is needed now more than ever. As the pre-

sent era of anger and fear lead many to demand that hard-woh civil liberties be relin-

quished, the ACLU's calm and clear leadership is needed to remind all that freedom and

liberty are not the enemy, they are the goal.

Having practiced civil and criminal law in both private practice and the public sector, I

am mindful of how easily laws can be enacted and utilized to deprive rather than protect

rights. I have seen how tempting it can be to set aside basic constitutional protections in

order to "get the bad guy."

As a former public defender I am particularly interested in the efforts of the ACLU to

protect the rights of the unpopular and the criminally accused.

As a gay African American man, I am also interested in the ACLU's groundbreaking

work in its driving- while- black and brown campaign, and its tireless efforts against dis-

crimination based upon race and sexual preference.

I truly appreciate your support and your vote.

Nominated by: Board of Directors

Incumbent: Yes

Harmeet Dhillon

am deeply honored to have been nominated as a candidate for

the Board of Directors. I am an attorney in Palo Alto, where I

practice complex commercial litigation. Both my career as a

lawyer and my former career as a journalist have impressed upon

me the crucial importance of the First Amendment to our-democ-

racy. Throughout my legal career I have performed pro bono

legal services for victims of human rights and civil rights viola-

tions, domestic abuse and employment discrimination, and have

been recognized for my work on behalf of the Lawyers'

Committee.for Human Rights and the Network for Women's

Senne Iam committed to the values championed by the ACLU-NC.

I presently serve on the Boards of Directors of the Support Network for Battered

Women (Santa Clara County), the South Asian Bar Association of Northern California, and

The Sikh Foundation.

Dominated by: Board of Directors

Incumbent: No

Milton Estes

B ecause we are at a precarious moment in our nation's histo-

ry, the work of the ACLU is more important than ever. To

accomplish our work, we must have a healthy organization

-financially and organizationally strong, and driven by princi-

ple. My commitment over the past many years of involvement in

the ACLU has been to help our organization achieve this goal. I

am a past Chair of the Northern California Board and a current

member of the National Board and National Executive'

Committee. My work outside the ACLU is as a physician who

cares for individuals with HIV disease in the San Francisco

County Jails. If re-elected, I will endeavor to bring my experience within and without the |

ACLU-NC to the deliberations and work of the Board.

Nominated by: Board of Directors

Incumbent: Yes

Angel Garganta

| am a partner in the law firm of Bingham McCutchen LLP, where I specialize in commer-

cial, unfair business practices and class action litigation. I have had the privilege of

serving on the ACLU-NC Board since the year 2000 and would be honored to serve as an at-

ACLU News = Novemcer = DECEMBER 2002 = Pace 6

large member of the Board for an additional term. Our govern-

ment has seen fit to use the attacks of Sept. 11 as an excuse to

launch its own attack on the Constitution and our civil liberties.

The ACLU has been at the vanguard of organizations resisting

that attack, firm in the belief that there is no worthier form of

patriotism than a vigorous defense of our constitutional free-

doms. We must not allow the current administration to use the

tragedy of Sept. 11 or the threat of terrorism, however grave, to

erode those freedoms.

] am currently a member of the Board of the Bar Association

of San Francisco, and have served on the Boards of the Lawyers'

Committee for Civil Rights of the San Francisco Bay Area and La

Raza Centro Legal, a non-profit legal organization serving San Francisco's Latino commu-

nity. I would appreciate your vote and support.

Nominated by: Board of Directors

Incumbent: Yes

Peter Kwan

am honored to be nominated by the Board of Directors. As a

law professor, I have brought to my teaching on Constitutional

Law an emphasis on the importance of bringing different per-

spectives to enrich our understanding of the fundamental prin-

ciples embedded in our Bill of Rights. In addition, I have

devoted much of my research to the ways identity theories can

help build meaningful coalitions among minority communities

to effect social change. My father taught me that one has.a duty

to serve one's community. To that end, I have been for many

years the faculty advisor to the Asian Pacific American Law

Students Association as well as the LGBT Law Students Association. | have been chair of

the Association of American Law School's Sections on Law and the Humanities and cur-

rently am chair of the Section on Sexual Orientation and Gender Identities Issues. I have

served as chair of the Santa Clara County Bar Association's Committee on Individual |

Rights and Constitutional Law, among other positions.

We are living in a time that challenges in very fundamental respects our commitment

to constitutional principles. I believe in the vital work the ACLU does in preserving and

safeguarding that commitment. I am eager to contribute my skills, time and attention to

that mission.

Nominated by: Board of Directors

Incumbent: No

Phillip Mehas

have been committed to and involved in struggles for social

justice since 1967 and an active member of the ACLU since

1989. I believe that my experiences and perspectives would

strongly support and respect.

I have been an activist on the SF Giant Board for eight

the 1995 recipient of the ACLU-NC's Lola Hanzel Courageous

Advocacy Award.

We are in critical times. The ACLU is in the forefront of preserving civil liberties

- against a post 9/11 government, which continues to trample upon the Bill of Rights, the

~- document that is at the very core of this country's and the ACLU's values.

These are times that require important strategic decisions be made about defending

those values through litigation, legislation and grassroots organizing. I would be honored

to add my voice and my experience to this process. | would appreciate your vote.

Nominated by: Petition

Incumbent: No

Matt Murray

s a freshman at UC Berkeley, | was shocked to find that no

CLU chapter existed on campus. So I helped co-found one.

That first year I served as Internal Vice President, and the fol-

lowing year as President. Now in its third year on campus, the

Berkeley ACLU is one of the largest and most active ACLU stu-

dent groups in the nation, organizing teach-ins and forums, con-

ducting a student-run class on civil liberties, and standing up for

the freedoms and liberties of all people, both on and off campus.

Due in most part to the leadership and dedication I showed

through my work.with the Berkeley ACLU, this past May I was

chosen to be the 2003-2004 student Regent for the University of California system. Each

year, only one student out of the over 187,000 undergraduates and graduates across the

nine-campus system is selected to serve as the student Regent, and I am incredibly excit-

ed by the opportunity. I will take my passion for freedom of speech, equal rights, and racial

justice to the UC Board of Regents, and I look forward to bringing that same tireless dedi-

cation and enthusiasm to the ACLU-NC Board of Directors.

Nominated by: Board of Directors

Incumbent: No

Helal Omeira

am both honored and thrilled to be selected as a candidate for the ACLU-NC Board of

Directors. As the Executive Director of the Council on American Islamic Relations-

Northern California (CAIR-NCA), I work hard to defend the rights of Muslims living in the

United States. My work includes, and is not limited to, workplace discrimination, illegal _

search and seizures, INS detentions, INS deportations, and political lobbying. Sept. 11 |

make a strong contribution to the ALi Board, a Board I |

years, Chairperson for three terms; a BARK (Berkeley, Albany,

Richmond, Kensington) Board member since moving to the |

East Bay; served on Chapter and Affiliate Committees; and was |

posed a serious threat to the civil rights of American Muslims, and I am committed to

defending those rights. My commitment to civil liberties comes from my unwavering

belief in the American Constitution and Bill of Rights. | am dedicated to the belief that all

Americans deserve equal and just protection under the law. As an American-born Muslim,

I hope to bring to the Board the often-unheard voice of American Muslims. I thank you for

your support and consideration.

Nominated by: Board of Directors

Incumbent: No

Nancy S. Pemberton

y association with ACLU-NC began in 1979 and I can say

with all honesty that the entire 23 years has been an honor

and a joy. This affiliate has the most outstanding staff and board

of any organization I know. I very much want to continue to be a

part of it.

[ have served the ACLU-NC in a number of capacities, includ-

ing chairing the board from 1985 to 1989. I am currently doing

my second stint as treasurer.

In my professional life | am a private investigator specializ-

ing in the defense of death penalty cases. I also train investiga-

tors on how to develop mitigation for capital cases, as well as

teach students the art of investigation at a number of Bay Area law schools.

In addition to my volunteer work with ACLU-NC, I am the founder and treasurer of the

Institute of International Criminal Investigations, an organization dedicated to teaching

professionals how to investigate war crimes and crimes against humanity.

I hope you will support my candidacy for Board member. Thank you.

Nominated by: Board of Directors

Incumbent: Yes

Zona Sage

he ACLU is vital to the political health of this country, and I am honored to assist in its

endeavors as a member of the Board of Directors. Especially now, it is critical for the

ACLU to undertake the challenging fight we face to protect civil liberties.

As an at-large member of the Board, | have actively participated on the Development

Committee, and will gladly continue my service. I have also served on the ad-hoc

Personnel Committee and on the Officer Nominating Committee. I was active with the

Lesbian and Gay Rights Chapter from its inception more than 20 years ago and served as

its chair and representative to the Board. I am an attorney in private practice in Oakland,

with an emphasis on representing tenants.

Nonvnoted by: Board of Directors

Incumbent: Yes

Gregory Wonderwheel

`ma husband, father, and grandfather, and an attorney prac- |

ticing in Santa Rosa. I'm a member of the National Association

_ of Parliamentarians. I was an elected Vice President of SEIU

Local 707, in Sonoma County. I was a conscientious objector in

the Vietnam War.

I'm a candidate for two main reasons: First, to support the

development of chapters. The recent "strategic plan" was a mis-

take. The members of ACLU-NC should be creating our future,

not consultants who only regurgitate what the people who hired

them want to hear. Second, the ACLU-NC must oppose corpo-

rate personhood and reverse the position taken in Kasky v. Nike.

Whether it's campaign financing, war profiteering, prison labor,

control of the media, racism, free speech, etc., big corporations are the primary threat to

civil liberties today because they control the economics of lawmaking.

Nominated by: Petition

Incumbent: No

lease vote in the squares provided. You may vote for up to ten

candidates. Joint members use both squares.

1 OLuz Buitrago

| O OScott Burrell

|

|

|

QO QO Phillip Mehas :

Q) O Matt Murray |

|

UO O Helal Omeira |

; L O Milton Estes QO O Nancy Pemberton

- C) O) Angel Garganta

|

|

|

|

| Q OPeter Kwan -

L) LJ Zona Sage

UO) O Gregory Wonderwheel

Please clip and send along with your address label to ACLU-NC Board

Elections, 1663 Mission Street, #460, San Francisco, CA 94108.

Ce ee es ee ne ee ee eee 4

ACLU News = Novenser = DECEMBER 2002 = PAGE yf

|

|

|

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i OQ O Harmeet Dhillon

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Governor Signs Crucial Reproductive Rights Bill

- Vetoes Other Key Measures

AN HIsToRIC MOMENT

FOR REPRODUCTIVE

RIGHTS

On September 5, a jubilant crowd gathered

outside San Francisco's City Hall.

Supporters from a broad coalition of orga-

nizations dedicated to protecting women's

rights, health, and reproductive freedom

watched as Gov. Davis signed into law four

reproductive rights laws, including a land-

mark bill that protects Californians' right

to make childbearing decisions free of gov-

ernment interference.

The Reproductive Privacy Act, SB

1301, by Senator Sheila Kuehl, replaces

California's antiquated 1967 abortion law

with a new statute that reflects the consti-

tutional principles of Roe v. Wade. It pro-

tects Californians' right to choose

abortion, right to use birth control and

right to bear a child. The new law provides

women greater access to early non-surgical

abortion methods by expanding the pool of

qualified clinicians authorized to provide

non-surgical abortions. ;

"This reform legislation is timely, long

overdue, and necessary to protect repro-

ductive freedom for future generations,"

said Margaret Crosby, staff attorney with

the ACLU of Northern California. "The bill - |

makes new abortion technology accessible

to California women, repeals a restrictive

abortion law that has been unconstitution-

al for 30 years, and writes koe v. Wade prin-

ciples into California law- so that

California women will retain fundamental

reproductive rights even if the Supreme

Court overturns Roe." The ACLU and

Planned Parenthood Affiliates of California

worked closely with Senator Kuehl in

drafting SB 1301.

"The people of California deserved a

reproductive privacy law that mirrors their

respect for the Constitution and their

desire for reproductive freedom," said

Senator Kuehl. "Once again California is

taking the lead in the national forum on

the issues of reproductive choice."

-_MIXED MESSAGES ON

IMMIGRANTS' RIGHTS

This election year, Gov. Davis sent a mixed

message to immigrant communities. He

vetoed AB 60 (Cedillo-D), a crucial bill

that would have allowed immigrants in the

process of applying for legal status to

receive a driver's license. A companion bill

SB 804 (Polanco-D), which included pro-

visions requiring that applicants give a digi-

tal thumbprint, undergo a_ criminal

background check, and submit proof of |

employment in California, was also

returned unsigned.

The ACLU and immigrants' rights

groups strongly opposed the background

check provisions demanded by Gov. Davis

and included in SB804, because they are

unrelated to a person's ability to drive, do

not address public safety concerns, and

discriminate against immigrants. "These

provisions are the first step down a slip-

pery slope that will allow for the discrimi-

natory treatment of immigrants and

dramatic curtailments of Americans' priva-

cy rights," said ACLU legislative advocate -

Valerie Small Navarro.

The Governor vetoed both bills, writing

that he wanted them to be "double-jointed"

and "rise and fall together" and said he

would not sign any such bill without the

provisions included in SB804.

- ACLU News = Novenser - DECEMBER 2002 = Pace 8

"The people of

reproductive priva

respect for the Cons

reproductive freedo

taking the 4

issue

rnia deserved a

that mirrors their

and their desire for

again California is

made enactment of the Governor's wiretap

NEW PROTECTION FOR REPRODUCTIVE FREEDOM!

On September 5, a festive ceremony took place outside San Francisco's City Hall as

Governor Gray Davis signed into law four important bills promoting reproductive

Sreedom in California. A major victory that took many years in the making was the

signing of SB 1301 - the Reproductive Privacy Act. ACLU-NC staff attorney Maggie

Crosby drafted this important legislation, which brings the California constitution

into the 21st century and up to date with the law of Roe v. Wade.

IGt PANDIAN

-cent of all HIV/AIDS cases and 50 percent

G

The Governor also vetoed SB 987

(Escutia-D), a bill that sought to strength-

en the Dymally-Alatorre Bilingual Services

Act, which requires bilingual staffing and

services at each state agency when five

percent or more of its consumers speak a

language other than English. Recent hear-

ings have disclosed that most state agen-

cies are not complying with the

requirements of the Act.

Yet, in boost to immigrant communi-

ties, the Governor did sign SB_1156

(Burton-D), a highly publicized bill that

provides for binding mediation on contract

negotiations between farm worker unions

and growers. And he inked into law SB

1818 (Romero-D), which mitigates the

impact of a recent Supreme Court ruling

precluding back pay awards to undocu-

mented workers. SB 1818 ensures that all

protections, rights, and remedies available

under state law extend to all workers,

regardless of immigration status.

A MODERATE ANTI-

TERRORISM MEASURE

The year began with the Governor and

Legislature's attention focused on develop-

ing the state's response to the terrorist

attacks of Sept. 11.

Although most anti-terrorist bills that

gave the ACLU cause for concern did not

make it to the Governor's desk, AB 74

(Washington-D) was signed into law. ~

Initially, Gov. Davis sought to broaden the

state wiretap law statute to allow "roving |

taps" of telephone and internet communi-

cations. This investigative tool is highly

intrusive of innocent people's privacy -

over 90 percent of intercepted calls are

innocent conversations - and the roving

wiretap amendments were quickly defeat- |

ed, thanks to the ACLU. The version signed |

into law makes more modest expansions to

the wiretap law, and includes an important

new amendment that imposes statutory

requirements on prosecutors to notify |

defendants who are identified as a result of -

a wiretap prior to the entry of a plea or trial.

GOVERNOR STYMIES

CRIMINAL JUSTICE

REFORM

Gov. Davis remains unwilling to sign bills

that could be construed as "soft on crime"

or do not have the support of the law

enforcement community.

This year Senate President Pro Tem |

John Burton used legislative maneuvering |

to obtain a signature on the one significant

bill benefiting criminal defendants. SB

1391 creates a process for attorneys in

`the third time in four years that similar

death penalty or life-without-the-possibili-

ty-of-parole cases to access discovery

materials from prosecutors. In addition, it

permits a defendant to vacate a judgment

based on fraud or false evidence presented .

by government officials. Senator Burton

bill (AB 74) contingent on the enactment

of SB 1391 - knowing that the Governor

would not veto his own bill. `

More typical was Gov. Davis' veto of SB

1796 (Polanco-D). Intended to respond

to instances of excessive punishment of ~

political demonstrators, the bill would

have lowered penalties for non-violent acts

committed for purposes of political expres-

sion to two days in jail or $100. While the

bill recognized the importance of non-vio-

lent political protest in a democracy, the

Governor, apparently, does not.

DruG Pouicy FALLS

VICTIM TO VETO PEN |

The "war on drugs" also claimed two new

legislative victims. Particularly troubling

was the Governor's veto of SB 1785

(Vasconcellos-D). This bill would have

permitted pharmacists or physicians to

furnish up to 30 hypodermic needles and

syringes to those over 18 years of age for

personal use without a prescription,

putting California in step with 44 other

states that permit needles to be dispensed

without a prescription. In California, nee-

dle sharing accounts for roughly 19 per-

of all hepatitis C cases. But, when the

California Narcotics Officer Association

demanded a veto, the Governor listened to

them, not the medical community.

AB 1947 (Washington-D) would have

permitted individuals enrolled in

Proposition 36 drug treatment programs

for non-violent drug possession to receive

Food Stamp benefits if they otherwise

would be eligible. Federal law imposes a

lifetime ban on welfare benefits on any

person convicted of. a controlled sub-

stance-related, but 30 states have opted

out of the federal rule. Not California. A

recent report by the Sentencing Project

estimates that the drug felon rule bans

approximately 92,000 women nationwide

from benefits and Food Stamps. This was

legislation has been vetoed by Gov. Davis.

SOME MOMENTUM ON

LGBT RIGHTS

On lesbian, gay, bisexual and transgender _

rights, too, it was a mixed year for Gov.

Davis. The governor vetoed AB 2651 (Chu-

D), which required that the Department of

Social Services adopt clear anti-discrimi-

nation standards protecting foster chil-

dren against sexual orientation and gender

identity discrimination.

However, the Governor did sign into

law AB 2216 (Keeley-D), an important

bill that expanding the legal rights of a reg-

istered domestic partner to include the

right to inherit property if one partner dies

without a will. Although the Governor

demanded the same provision be taken out

of domestic partnership legislation last

year, this year, he did the right thing. Hf

This article is a modified version of a

column written by ACLU California leg-

islative director Francisco Lobaco for the

Daily Journal (October 22, 2002).

The Values of the Pledge of Allegiance

By MARGARET CROSBY

Starr ATTorNEY, ACLU-NC

that rewrote the Pledge of Allegiance

to insert the words "under God,"

(Newdow v. United States Congress), the

Ninth Circuit breathed life into the

Pledge's stirring ideal of a country "with

| n striking down the McCarthy-era law

liberty and justice for all." The decision |

secured liberty for children of minority

faiths who have quietly been denied reli-

gious freedom for nearly 50 years, when

pressured in public school to pledge alle-

giance to a God they do not worship. By

enforcing the First Amendment, the Ninth

Circuit provided justice for all children in

the United States.

The firestorm of protest sparked by the

Newdow ruling is reminiscent of the pub-

D- Attorney Margaret Crosby

lic's reaction in 1962 to the original United |

Many people of minority faith vividly remember

feeling shamed, isolated, confused and coerced

as children in American public schools by the

daily recitation of the Pledge of Allegiance to a

God foreign to the faith of their families.

States Supreme Court decision banning |

prayer in public school (Engel v. Vitale,

370 U.S. 421 (1962)). Then, however,

President John F. Kennedy stepped for-

ward to support the court decision and the

constitutional separation of church and -

state. He reminded Americans that the

Supreme Court had not prevented anyone |

from worship. Families remained free to

pray at home and in church, where, he

pointed out, religious expression may be

robust in ways it never can be when the

government composes watered-down reli-

gious scripts for schoolchildren to recite.

Today's political leaders are no John

Kennedys. Across the political spectrum,

politicians leaped to microphones to

denounce the Newdow decision. "Just

nuts" (Majority Leader Tom Daschle's com-

ment) and "embarrassing at best" (Senator

Feinstein's comment) illustrate the analyt-

ical acuity of the attacks on the Court.

President Bush announced that the deci-

sion proved that the country needs federal

judges who have "common sense" (appar-

ently a synonym for majoritarian support-

ers) and, chillingly, federal judges who

"recognize that our rights come from God."

In our system of government, funda-

mental rights come from the Constitution.

The Ninth Circuit took those rights seri-

ously in Newdow.

In adding "under God" to the Pledge of

Allegiance in 1954, Congress intended to

put religion in public schools. As President

rca

Eisenhower said in signing the law, from

"this day forward, the millions of our |

schoolchildren will daily proclaim, in every _

city and town, every village and rural

schoolhouse, the dedication of our nation

and our people to the Almighty." Since stu-

dents were praying daily in many public

schools, the new Pledge language was not

subject to an immediate constitutional

challenge. Courts had not yet recognized

the rights of minority faiths to be free of

religious coercion in public schools.

But 50 years later, a law requiring |

school children to pledge allegiance toa |

nation "under God" cannot be reconciled

with the Supreme Court's strict constitu- |

tional precedents on religion in public |

school. The Court has disallowed far less |

coercive practices, such as laws creating a

moment of silence "for meditation or

prayer" (Wallace v. Jaffree, 472 U.S. 38

(1985) ) and far less official practices, such |

as policies allowing students to broadcast |

any message, including prayer, before

school sporting events

U.S. 290 (2000) ). The Court has insisted

that government not make students of

minority faiths feel like second-class citi-

zens in public schools that exist to serve

children of all religions.

How then can Congress write a reli-

gious reference into the Pledge of

Allegiance that many states and local

school districts require to be recited daily?

(Santa Fe |

Independent School District v. Doe, 530 |

| Supporters of the Cold War Pledge offer

justifications. They are wholly unpersua-

sive:

" The phrase "under God" ts inclusive,

because everyone believes in some kind of

god. No, they don't. The hallmark of the

McCarthy era was its pressure to conform

in politics and religion, in speech and

belief. The prevailing assumption was that

all good (non-Communist) Americans

believed in a monotheistic God. Untrue in -

the 50s, this assumption is more strikingly

untrue today. Many Americans subscribe to

no religion. And even people who do wor-

ship a monotheistic God show great varia-

tion in their definition of the deity; many

do not subscribe to the idea that God's role

is to organize the affairs of humans and

countries, as embodied in the phrase "one

| nation under God."

Moreover, immigration patterns and

the growth of new indigenous faith commu-

nities have altered the religious geography

_of the United States greatly from the 1950s.

Todays pluralistic America contains

adherents to nontheistic religions (for

| example, Buddhism) and pantheistic reli-

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bers of spiritual groups do not worship a

Judeo-Christian deity (for example, Native

Americans). On a national level, these

minority faiths are apparently invisible to

many people, but they are important mem-

bers of local communities - certainly here

in California "and, under the

Constitution, have equal rights with the

religious mainstream religions.

The silence of religious minorities-

their reluctance to take on the combined

power of government and majority by chal-

lenging the law rewriting the Pledge - is

understandable. They simply feel too vul-

Gaolved religious exercises that students

are free not to join. As the Supreme Court

has recognized, it is callous for the govern-

ment to force schoolchildren of minority

faiths to isolate themselves from their

classmates to avoid participating in a reli-

gious exercise in violation of their con-

science.

b The phrase "under God" has never been

religious or has lost any religious meaning

by rote repetition, and it's a trivial matter.

Why, then, did Newdow provoke such an

angry reaction? Plainly, because many peo- .

ple felt that the court had attacked their

religion by restoring the Pledge of

Allegiance to its original form. Pretending |

that the phrase is purely secular is both

untrue and devalues religion.

The claim of secularization is central

to the constitutional defense to "under

God." Most frequently, the defense is

phrased as "ceremonial deism," a category

of permissible references to a deity that

simply acknowledge this country's histori-

cally religious roots. But ceremonial deism

is itself a doctrinally problematic rationale:

courts invoke it to justify government

endorsement of religion inconsistent with

the First Amendment, reasoning, for exam-

ple, that a city-owned Nativity Scene may

be part of an official Christmas display.

Moreover, the Pledge of Allegiance is inher-

ently different from other mottos or refer-

ences to a Deity. The Pledge is not simply a

passive reference to religion; it calls upon

children in public school to promise loyalty

to the concept of their country as under

God.

The final variant of the secularization

rationale is the claim that the term "under

God" has lost, through rote repetition, any

true meaning. But why? Have the phrases

(A) law requiring school children to pledge

allegiance to a nation "under God" cannot be

reconciled with the Supreme Court's strict

constitutional precedents on religion in public

school.

nerable to invite the kind of vituperative

response that greeted the Newdow ruling.

However, many people of minority faith

vividly remember feeling shamed, isolated,

confused and coerced as children in

American public schools by the daily

recitation of the Pledge of Allegiance to a

God foreign to the faith of their families.

Dd Students may decline to participate in

the Pledge of Allegiance. True, and irrele-

vant. All of the school prayer cases have

in the original Pledge - say, the parts

about "liberty and justice for all" - also

lost their meaning through repetition over

time?

The Ninth Circuit didn't think so. And

when we think with pride of a country

founded on the ideals of liberty and justice

for all, we should also be proud of the Court

that made those ideals real. @

This article first appeared in the Daily

Journal on September 8, 2002.

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Immigration...

Continued from page 5

right to live more comfortably than some-

one else? The issue of immigration formed

a loop, said Mike Paurel, a recent graduate

of Vallejo High School. "I see immigration

issues merely as a further symptom of the

racism, chauvinism, and corporate greed

that have so long plagued our country." In

order for the United States to handle the

current flow of immigration, it seems

apparent that it must also change its poli-

cies in other countries. The United States

is largely the root of its own problem

because in many ways it is responsible for

the levels of poverty that are so oppressive

in foreign countries.

oN 4 a Ce wee a) ee ot ke

SHARING THE MESSAGE

I came into the trip filled with questions:

Why do people immigrate to this country?

How do they get here? What do they face

on the way? What do they encounter once

they've completed their immigration? |

ended it still unable to understand how a

country founded by immigrants could be so

cold to those who seek to immigrate here.

Yet the trip helped me understand my

job going forward: I have to take advantage

of the opportunity to leave a place that is.

comfortable, reach out to those who don't

share my vision of the world, and talk to

those who haven't seen, who don't know

the reality of the challenges that new

immigrants face. We're all one people, and

it's time for us to look out for each other

and move beyond man-made boundaries

and cultural differences. i