vol. 66, no. 2

NEWSPAPER OF THE AMERICAN Civil LIBERTIES UNION OF NORTHERN CALIFORNIA

clu news

WoLtume LXVI MarcH - APRIL 2002

Anthony Romero ~ Rights for

Takes Bay Area by Storm -_ Immigrant

Aw executive director twined with so serious a chal- Al rpo rt

Non-Profit

Organization

US Postage

PAID

Permit No. 4424

San Francisco, CA

Anthony Romero flew into ``We need to guard against the shorte- lenge to our nation's liberty

an Francisco on January term tradeoffs, made in the heat of and security. S Cc re eG n and rs

28 and took the region by storm. : Immediately propelled

In a packed four-day sched- the moment, which would needlessly into high visibility, Romero

ule that culminated in a lecture 39 has d trated Kabl BSS EDSON

erode fundamental freedoms. ee ee MEDIA RELATIONS DiRECTOR

at his alma mater, Stanford Law leadership during challenging

School, Romero met with ACLU- - Anthony Romero times. He has masterminded ' ) Then the federal government

NC donors, staff and activists, the national "Safe and Free" announced that non-citizens

outlined his vision for the editor- campaign, reached out to for- would be barred from screening

ial boards of the San Francisco Chronicle | Ehriich. "And in short order, he has proven | eign consulates to garner information | luggage in airports as part of the Aviation

and San Jose Mercury News, and gave an | us right." | about the 1,200 individuals detained in | and Transportation Security Act of 2001,

in-depth briefing on civil liberties for | Romero took over from veteran execu- secrecy by the Department of Justice, and | the ACLU geared up to challenge the dis-

reporters from across the region. | tive director Ira Glasser at no ordinary __ led the organization to challenge executive | criminatory policy.

In his first visit to the Bay Area since ' time: he started the job on September 4, | branch proposals that erode due process On January 17, 2002, the ACLU-NC

taking the organization's helm, : ; and curb freedom of information | joined our counterparts in Southern

Romero's engaging personality,

boundless energy and nuanced

grasp of the issues won acco-

lades from the ACLU commu-

nity and beyond.

Romero, a graduate of

Princeton University and

Stanford Law, spent a decade

at the Ford Foundation before

he was tapped to lead the

ACLU at the age of 36. The

and expression. California (ACLU-SC), the Service Employees

During his visit, Romero out- | International Union (SEIU), and screeners

lined three clear priorities forthe | from San Francisco and Los Angeles air-

ACLU. First, he pledged to pro- | ports to file a lawsuit in U.S. District Court

tect freedom of expressioninthe | in Los Angeles, charging that the policy vio-

face of government moves to | lates the equal protection clause of the

sanction college professors and | Fifth Amendment.

students who disagree with U.S. "Discriminating against non-citizen air-

policy, and the Attorney port screeners will not make us safer," said

General's characterization of | Alan Schlosser, legal director of the ACLU-

those who voice dissent as "giv- | NC. "Infact at San Francisco Airport, where

first Latino and openly gay = ing ammunition to our ene- | non-citizens comprise 80 percent of the

man to head the organization, = mies." Second, Romero vowed | baggage screeners, the new requirement

Romero was offered the posi- ft | 2 to protect the due process rights | will certainly decrease air travel security by

tion in a rare unanimous vote and of immigrants detained by the | eliminating much of the experienced and

by the 83-member board. Anthony Romero with James Hormel, former U.S. Ambassador to government since September | trained workforce. We cannot allow the

Dorothy Ehrlich of the ACLU- Leemborg, and Dorothy Ehrlich at the City Club of San Francisco. 11, pointing out that while the | tragic events of September 11 to be used as

NC, who met Romero before vast majority has no connection | an excuse to scapegoat immigrants, some-

his hire in her capacity as chair of the | one week before September 11."WhenI | to the attacks, many detainees have been | thing that has unfortunately occurred at

Executive Directors' Council, fully sup- | accepted the position ... I knew the job denied access to counsel and family mem- | moments of crisis in our nation's history."

ported the decision. "We were all would be challenging," said Romero. "But - bers, and some have been subjected to The citizenship requirement would bar

impressed by Anthony's vigor, breadth of never did I imagine that a personal chal- | inhuman conditions of confinement. Third, | legal immigrants from working as airport

vision and sharp intelligence," said lenge would so quickly become inter- | Continued on page 3 | screeners even though no such require-

RSFSR ERE TRAE SHERSYERSHTRESERESEHESEESHEERSHPRESSRERERRSHEE SHE REESE RRS RREH HERR SHE RS HEE EE ment exists for members of the U.S. mili-

tary, airline pilots, baggage handlers, flight

C al ifo rn i a Exec utes Vi cto ry i n attendants, cargo loaders, mechanics,

guards and plane cleaners.

| e "I was very upset when I heard that

Te nth M an | - rofi | in S non-U.S. citizens would be fired from the

job," said Jeimy Gebin, a plaintiff in the suit

By GiGi PANDIAN | for a statewide moratorium on executions S it and a legal U.S. resident who took a job as a

PROGRAM ASSISTANT _ and urged Governor Gray Davis to grant | u f screener at Los Angeles International

clemency, citing the inadequate legal rep- - Airport after serving in the U.S. Army for

na stormy January night, over 600 resentation provided to Anderson, as well By STELLA RICHARDSON | three years. "It doesn't make sense that I

O people gathered outside the gates of as the wishes of the family of the victim, can serve my country in the Army but not

San Quentin State Prison for a can- | Elizabeth Lyman, that Anderson not be na major victory for the Racial Justice | work in an airport as a screener. If I get

dlelight vigil to protest the execution of executed. ree: Governor Davis reversed his fired because of this new law, I could enroll

Stephen Wayne Anderson. At 12:01 on the | Anderson's court-appointed attorney, | position and reinstated key racial pro- in the National Guard and be back in the

morning of January 29, Anderson became _ the late S. Donald Ames, provided such _ filing data collection provisions in the airport two weeks later, standing behind

the tenth person to be executed in poor representation in the past that two of state budget following a lawsuit brought by | the screeners holding a rifle."

California since the state reinstated the | his death row clients had their sentences the ACLU-NC on behalf of the California The ACLU Immigrants' Rights Project,

death penalty in 1977. | overturned because of substandard coun- League of United Latin American Citizens the National Federation of Filipino

Days earlier, the ACLU-NC and the sel. On December 21, 2001, when the U.S. | (LULAG), the California Branches of the | American Associations, the National Asian

ACLU Capital Punishment Project called | Ninth Circuit Court of Appeals denied NAACP and victims of racial profiling. Pacific American Legal Consortium, the

Anderson's request for a rehearing of | The lawsuit was dismissed on January | Mexican American Legal Defense and

his appeal, six judges dissented, stat- | 24 because Governor Davis had provided | Educational Fund and the ACLU of San

ing: "[Anderson's] death sentence may all the relief requested by plaintiffs. The _ Diego and Imperial Counties also partici-

well have been imposed, not because of - groups charged that Davis exceeded his | pated in the suit. a

the crime that he committed, but authority to veto or sign legislation when

because of the incompetence of an __he struck from the 2001 Budget Act provi-

attorney with little integrity and a __ sions that specified the kinds of data that

pattern of ineffective performance in law enforcement agencies must collect in

capital cases." _ order to be eligible for special funding. The

"His case presents a myriad of | lawsuit was filed on November 1, 2001 in

reasons for clemency including inef- __ the California Court of Appeal.

fective assistance of counsel and the (c) "Governor Davis's reversal is a clear

failure of the jury to hear necessary _ victory," said Michelle Alexander, associate

and compelling mitigating evidence," director of the ACLU-NC. "It is a step in the

ALEX MADONIK

Anderson's execution, a solemn crowd lit candles in

protest. Continued on page 4 Continued on page 4

BY ANDY LURIE

ACLU INTERN

NEW VICTORY FOR ROSENKRANTZ

[ a blow to Governor Davis' "no parole

policy" for convicted murderers, the

California Court of Appeal ordered the

release of Robert Rosenkrantz on January

18, holding that there was "no evidence at

all" to support the Governor's reversal of

the Board of Prison Terms (BPT) decision

to approve Rosenktrantz for parole in 2001.

Rosenkrantz, who was found guilty of

an emotionally charged second-degree

murder shortly after his high school gradu-

ation in 1985, has been praised as a model

prisoner who deserves a second chance.

Judge Miriam A. Vogel authored the court's

ruling, which found Davis' actions to be an

abuse of discretion that denied

Rosenkrantz due process of law. In a sepa-

rate opinion, Judge Vogel also supported

the trial judge's earlier decision that

Governor Davis' consideration of

Rosenkrantz's case was marred by his

unconstitutional "no parole policy" for peo-

ple convicted of murder. The ACLU-NC

had filed an amicus brief arguing that the

Governor's reversal of every parole suitabil-

ity decision of the BPT in such cases was

evidence of a policy that denies inmates

individualized consideration.

"The Governor's actions in this case

were essentially an arrogant assertion that

he is above the law when it comes to per-

sons convicted of murder," said ACLU-NC

legal director Alan Schlosser. "The courts

have courageously rejected his lawless

actions as contrary to the parole statute

and the Constitution." However, it is

unlikely that Rosenkrantz will be allowed

ACLU.

GIGI PANDIAN

Jonathan Watkins

Schlosberg, who joined our staff in January as

police practices policy director after spending over

a year and a half immersed in juvenile dependency cases

at the Contra Costa County Public Defender's Office.

Sandwiched around his legal education at New York

University School of Law, Schlosberg served two terms at

the Berkeley Police Review Commission; experiences

upon which he expects to build at the ACLU.

Also in January, Jonathan Watkins joined the affili-

ate as an attorney for the Racial Justice Project, bringing

over 10 years of litigation experience, including four

years working on class-action consumer fraud cases as a

partner at Lieff, Cabraser, Heimann and Bernstein.

Watkins is "excited about furthering the mission of the

ACLU and advancing the

cause of racial justice," and he looks to apply the skills and

knowledge he gained working on police brutality and

racial violence cases in the Civil Rights Division of the U.S.

Department of Justice to his future litigation for the

to enjoy freedom anytime soon; his release

order was stayed in anticipation of the

state's petition for review to the California

Supreme Court.

NEw TRIAL FOR ANTI-LOGGING

DEMONSTRATORS

group of environmental activists has

won a second chance to have its case

heard by ajury.

On January 11, the Ninth Circuit Court

of Appeals handed down a decision reaf-

firming its earlier reinstatement of a law-

suit challenging Humboldt County law

enforcement officials' use of pepper spray

against peaceful anti-logging protesters

engaged in civil disobedience.

After a jury deadlocked in U.S. District

Court in San Francisco, Judge Vaughn

Walker declared a mistrial and issued a

verdict for the Sheriff's department, stat-

ing that the use of pepper spray did not

constitute excessive force. When the

demonstrators appealed, the ACLU filed an

amicus brief, arguing that a jury verdict

should determine the case's outcome and

offering empirical, scientific and toxicolog-

ical research on the hazards of pepper

spray.

The appeals court panel held that the

use of pepper spray on peaceful demon-

strators may be termed an unreasonable

use of force, reinstated Headwaters Forest

Defense v. County of Humboldt, and

ordered another jury trial. The United

States Supreme Court ordered the appeals

court to take another look at the case in

light of a recent high court decision. On

reconsideration, the panel ruled that law

enforcement officials should have realized

that inflicting severe pain on peaceful

SeERSEKESHKS SRS OSHS SRSESRKRESKESCKES SR HESH ESP RS SRSSRESEHEE SRS SE SOK

Staff Changes

|": ACLU-NC is pleased to welcome Mark

GIGI PANDIAN

ark g

The affiliate is pleased to welcome Chris Tan as

Skadden Fellow. Tan, who earned his JD from Columbia

Law School in 2000, already has an impressive track

record of work with the ACLU, serving as an attorney, fel-

low and board member at the ACLU of Southern

California, and as an extern in the Immigrants' Rights

Project. Thanks to the law firm Skadden Arps, Tan will be

with the Racial Justice Project through September 2002. |

The ACLU-NC was sad to bid farewell at the end of

January to staff attorney

Robert Kim. Kim, who joined the ACLU in 1998, handled

much of the affiliate's groundbreaking work in recent

years. He fought to secure the release of Dr. Wen Ho Lee,

the Chinese-American scientist accused by the govern-

ment of mishandling sensitive information, challenged

the harassment of gay and lesbian students in Loomis v.

Visalia Unified School District, and organized the first

legal challenge to the constitutionality of Proposition

21. "Bob's contributions to the causes we serve were

simply outstanding," said Dorothy Ehrlich, executive

director of the ACLU-NC. "He accomplished a prodi-

gious amount in his time here, and we know that he will

remain a dear friend and colleague of the ACLU."

ALEX ORQUIZA

Former staff attorney Bob Kim.

demonstrators was unconstitutional. "The

ACLU has complied extensive evidence

that pepper spray is a dangerous chemical

weapon," said Margaret Crosby, who

authored the ACLU brief. "This is a signifi-

cant decision because it places constitu-

tional limits on police use of the weapon."

STATE CourRT OF APPEAL DEALS

BLow To EMAIL FREEDOM

mail may cost nothing but that does

not mean it is free. In a setback both

for workers' rights and for free expression

on the Internet, a state court of appeal has

upheld an injunction prohibiting former

Intel employee Ken Hamidi from sending

email to Intel employees at their work

email addresses, ruling that Hamidi's e-

mail "trespassed" on Intel's computer sys-

tem. The ACLU-NC, together with the

national ACLU, filed a friend-of-the-court

brief and argued in the court of appeal that

Hamidi's e-mails were speech protected by

the First Amendment. The fight is far from

over in /ntel v. Hamidi. ACLU-NC staff

attorney Ann Brick recently submitted an

amicus letter to the California Supreme

Court urging the Court to grant Hamidi's

petition for review. "This case affects the

ability of each and every once of us to send

e-mail free from censorship," said Brick. and

FRCP HRERSHFKSSR RHR RSF HRESHE FRE SRRSSHRSSESSESSHSSFRSE SHEE SSE HESS B

A Campaign for

Educational Equity

BY KATAYOON MaAJpD

New VoIcEs FELLOW

Imost a half century after the

Supreme Court's decision in Brown

v. Board of Education, the state of

administration of the test last year that the

state had to lower the passing score.

Students attending schools with large popu-

lations of people of color, immigrants and

low-income families performed dispropor-

tionately worse than students overall

California is failing its because schools in

low-income children these communities

of color. "We must hold the state often lack _ basic

Spurred by the accountable and resources such as text-

state's staggering books, trained teach-

inequities in educa-

tional opportunity, the

Racial Justice Project

is working with a

statewide coalition to

mount a major multi-

demand that all our

students are given an

equal opportunity to

learn."

- Michelle Alexander

ers and clean, safe

facilities.

"Tf the state imple-

ments this requirement

as planned in 2004, dis-

proportionate numbers

disciplinary campaign

designed to equalize educational opportu-

nity in our public schools.

The campaign will begin by demanding

that the state postpone a new requirement

that all public school students pass the

High School Exit Exam or be denied a

diploma - until such time as all students

receive a quality education.

While proponents argue that the

requirement will create "accountability," in

reality it is little more than a political ploy

that punishes students for the failures of

the state. In fact, students throughout

California performed so poorly on the first

of low-income students

of color may be denied diplomas and faced

with limited life options," said ACLU-NC asso-

ciate director Michelle Alexander. "Instead of

holding students accountable for the failures

of the state, we must hold the state account-

able and demand that all our students are giv-

enan equal opportunity to learn."

The campaign aims to focus the spot-

light on conditions in California's schools

and demand concrete improvements from

lawmakers. Coalition partners include

Californians for Justice, Public Advocates,

Justice Matters and Applied Research

Center. @

he Margaret Sanger Award for

Outstanding Visionary has been

awarded by Planned Parenthood of

Shasta-Diablo every year since 1982.

Twenty years ago, the first Margaret

Sanger award was presented to a young

attorney named Margaret Crosby. This

year, the ACLU-NC's Crosby has been

chosen to receive the honor for a second

time in recognition of her dedicated

work to protect a woman's right to

choose.

Each year, the Asian Law Alliance

honors three outstanding awardees in

Recognition for ACLU Staff

the areas of business, legal and commu-

nity who have contributed to society by

spreading the ideals of dignity, service

and self-reliance. This year's community

award goes to the ACLU-NC's Jayashri

Srikantiah for her work on the immi-

grant trafficking case United States v.

Reddy as a staff attorney with the ACLU

Immigrants' Rights Project.

The ACLU congratulates Racial

Justice Project volunteer attorney Kay

Lucas, who has been named as one of

California Lawyer's lawyers of the year.

ACLU News = Marcn-Aprit 2002 = Pace 2

By VALERIE SMALL NAVARRO

ACLU LEGISLATIVE ADVOCATE

he 2002 legislative session began

[Ni a significant victory. During his

state of the state speech,

Governor Gray Davis pledged to

give new powers to state and

local law enforcement to use

"roving wiretaps" in the state's

anti-terrorism efforts. The -

proposal raised significant

concerns for the ACLU: not

only did it mirror existing fed-

eral law but we feared it would lead to the

surveillance of innocent Americans.

However, aided by an opinion from the

state Office of Legislative Counsel that a

statute permitting roving wiretaps is

beyond the scope of state power, the ACLU

was successful in removing roving wiretaps

from AB74 (Washington-D). In the

Senate, the ACLU will continue to seek

amendments to minimize privacy concerns

raised by the Governor's wiretap bill.

Meanwhile, the Assembly Republican

Caucus has introduced more than ten anti-

terrorist bills, including AB 2103

(Wyman-R), which adds "terrorism" to the

SFR SSFSRSSPSSBSRSSRESSSRSHSHPESSSSSESHPSSHRSERRSSHTRESESHSHERSSBPRSESHSSBPRSSPRSSSP SSF SSBPSSSeSSBPRSSRSSKFRESSRESHESSSERESHESSHRESES SH ESS EES HH

New Campaign on

Language Rights

By STELLA RICHARDSON

new state law barring workplace

A essai on rules went into

effect on January 1, spurring the

Language Rights Project (LRP) to launcha

campaign designed to inform employees

and employers about their rights and

responsibilities under the new law.

At a January 24 news conference, attor-

neys from the ACLU-NC and the Legal Aid

Society-Employment Law Center (LAS-

ELC), which jointly administer LRP,

launched the multilingual campaign.

Representatives from business and labor

joined victims of language discrimination

_ bill passed both houses of the Legislature |

list of special circumstances for which the

death penalty may be imposed. The ACLU,

which opposes all expansions of the death

penalty, will fight against this bill.

AB 60 (Cedillo-D) requires that peo-

ple who wish to obtain drivers' licenses |

must prove lawful immigration status. The

and was sent to the Governor's desk last

| year. However, on the last night of the 2001

session, the bill was pulled back to the

| Assembly to allow the Governor's office to

|

request "anti-terrorism" provisions.

The Governor's office submitted propos-

to explain the

importance of the

law, which was spon-

sored by

Assemblyman Herb

Wesson (D-Los

Angeles) and support-

ed by the ACLU. The

law bars workplace

"English-only" rules in the absence of a

compelling business necessity.

"Even though 40 percent of Californians

speak a language other than English at

home, many employers still impose rules

that require their employees to speak only

English at work," said Donya Fernandez,

Se SSE HESER SER STREP REFERS ER HFRSFRERHRSHRRERSTRHESHE SHEESH ESE

Romero ...

Continued from page |

he promised that the ACLU will work to pro-

tect freedom of information and "lift the veil

of secrecy" surrounding the investigation.

Romero also outlined plans for a public

education and member-

ship drive designed to

engage a younger con-

stituency, noting that

ACLU membership has

ballooned since Septem-

ber 11 - a trend that he

attributes to people wanti-

ng "to be part of an organi-

zation that balances safety

and freedom."

With great warmth,

Romero spoke of his ties to

the region. "I have deep

roots in northern

California from my days at

Stanford," he told a crowd-

ed room of ACLU benefac-

tors at the City Club of San Francisco, "and |

|

I want to thank you for this homecoming.

As well as paying tribute to Ehrlich and

ACLU-NC board chair Margaret Russell, |

Romero noted the leadership role that this

affiliate played in combating racial profil- -

ing during World War II. "The Northern

California affiliate of the ACLU courageous-

ly led the fight on behalf of the Japanese

|

|

Ira Glasser as executive director

of the ACLU just days before the

September L1 attacks.

Americans," he said. "Although this affiliate

was in the vanguard of the fight - battling

even within the ACLU - we lost in 1942.

But, the cause was just."

Romero offered a sobering reminder of

the tragic events that precipitated this lat-

est assault on civil liberties. "In my native

New York, my friends and family stood on

the sidewalk and watched

with horror as victims

threw themselves from the

World Trade Towers; and

people downtown, includ-

ing ACLU staff members

who were 10 blocks from

ground zero, desperately

fled the area of destruc-

tion and were chased by

swelling clouds of debris.

After serving as helpless

spectators to all that, we

all felt the need to do

something."

Beyond giving blood,

volunteering and resisting

despair, Romero said that

the path for civil libertarians soon became

crystal clear. "We need to be vigilant. We

need to guard against the short-term

tradeoffs, made in the heat of the moment,

which would needlessly erode fundamen-

tal freedoms."

"After all, when the war on terrorism is

won, we all want to be able to recognize

our country and our democracy."

ACLU News = Marcn-Aprit 2002 = Pace 3

DMV documents will form the basis for a vir-

tual national identification card. The ACLU

will vigorously oppose efforts to make the

California Drivers' License part of a national

identification card.

Some key bills unrelated to terrorism

include the Reproductive Privacy Act,

(SB 1301 (Kuehl-D)), which is outlined

on page 4, as well as AB 1790 (Goldberg-

D), which would limit the application of

the "Three Strikes" law to those who com-

mit certain serious and violent "third

strikes." We continue to support SB 773

(Speier-D), which would give consumers

some right to privacy in their financial

records. Stay tuned at www.aclunc.org.

als that include: (1) requiring that

thumbprints be scanned, stored, and cross

checked against the Department of Motor

Vehicles (DMV) database; (2) sending

thumbprints from immigrants to the State

Department of Justice for back-

ground checks; and (3) allowing

law enforcement to obtain finger-

print information from the DMV "for

a compelling state interest" without

obtaining a search warrant. These

proposals combined with efforts at

the national level to standardize

LRP attorney with LAS-

ELC.

The Project wrote let-

ters to chambers of com-

merce and human

resources organizations

across the state to

inform employers of

their new obligations,

and disseminated

information about

the law to unions.

The campaign also includes the

distribution of "Know Your Rights"

brochures and posters in English, Spanish

and Chinese, public service announce- |

You've Sent Checks to the ACLU - Now Let Us

ments, and media outreach.

"We hope to inform employers and

employees that "speak-English-only" rules

may violate California law," said Jayashri

Srikantiah, staff attorney of the ACLU-NC.

"By placing a heavy burden on limited-

English-proficient or bilingual workers,

these rules often hurt employee morale,

create racial tensions, and reduce work-

place efficiency."

The Project encourages employers or

employees with questions to call the

Language Rights Project Information Line

(1-800-864-1664), a free service available

in English, Spanish, Mandarin and

Cantonese. Hf

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29 YEARS LATER

Celebrating Roe v. Wade

By MARGARET CROSBY

STAFF ATTORNEY

eproductive rights advo-

Re= celebrated the 29th

anniversary of Roe v. Wade

by introducing legislation to

make California law consistent

with the ideals of the landmark

Supreme Court decision issued

on January 22, 1978.

California now has one of the

most archaic, confusing, restric-

tive and unconstitutional abor-

tion laws in the nation. Signed in 1967 by |

ACLU-NC staff attorney,

Margaret Crosby

Governor Ronald Reagan, the Therapeutic |

Abortion Act established very restrictive |

eligibility criteria and medical review com-

mittees to authorize abortions. Although |

most of the law is plainly unconstitutional -

because of Roe and state Supreme Court |

decisions, the Legislature has never |

repealed the Act.

Much has changed since 1967.

First, the technology of abortion has |

dramatically improved, in large part -

because Roe brought the procedure out of |

the shadows and permitted scientific |

advances. Today, women have a range of

options available to control childbearing,

California

needs a truly

contemporary,

21st century

abortion law.

pregnancies.

techniques

new access to abortion.

Second, the medical profession has dra-

matically changed. In 1975, with the end of |

the Vietnam War, returning medics became |

a new category of health care providers - _

physicians' assistants-licensed by the |

state. Soon, they were joined by other

health professionals, such as nurse practi-

tioners and certified nurse midwives.

California's abortion law has not kept

pace with those changes. The Therapeutic -

Abortion Act allows only a doctor to perform |

or even assist with an abortion. Today, that -

SRA SPCKRSSP RHO PERSE HRRESPSRA SSH SEF RESHSCERBSSHRESPRESSHE RSE RES E

Racial Profiling ...

Continued from page |

right direction, requiring police to collect |

meaningful data if they apply for special

funds to support voluntary data collection |

efforts. However, this still falls short of

statewide mandatory data collection which -

is the only way we can fully identify pat- _

terns of racial profiling across the state."

Last July Governor Davis eliminated |

four of six provisions passed by the

Legislature, including requirements that |

agencies seeking special funds must col-

lect data on the reason for the stop,

whether a search was conducted, and the

outcome of the search. Search data has

proven critical in uncovering patterns of |

racial profiling: data uncovered in the class _

action lawsuit, Rodriguez, et al. v.

California Highway Patrol (CHP), for |

example, showed that Latinos were three

times as likely as whites to be searched by

drug interdiction officers in the Central |

and African |

Americans were twice as likely to be |

searched. This data prompted the CHP to |

issue an unprecedented six-month morato- |

and Coastal Division

rium on consent searches.

"Several Republican and Democratic |

governors have signed meaningful data |

collection bills in their states and yet -

Governor Davis continues to be the major -

obstacle to meaningful reform in

California," said Alexander.

Paut Ropeson CHAPTER (OAKLAND)

| Reproductive Freedom (a coalition of over

including emergency con- |

traception and medical ter- _

minations of very early |

These new (c)

promise to

change the landscape of abortion: a private -

choice may be a private act at home. |

Women and girls in rural areas will have |

ALEX MADONIK

legal restriction bars advance practice clini-

cians from dispensing pills or giving injec-

tions, though these services are within their

training, licensure and scope of practice.

NEW REPRODUCTIVE PRIVACY ACT

California needs a truly contemporary, 21st

century abortion law. The ACLU is co-

sponsoring, with our reproductive freedom

| allies, the Reproductive Privacy Act, intro-

duced as SB 1801 by Senator Sheila Kuehl.

On January 22, 2002, 150 people gath-

ered in Sacramento for a Lobby Day orga-

nized by the California Coalition for

30 organizations inluding the ACLU).

Supporters met with roughly 50 members

of the Legislature to bolster support for the

new Act.

The Act declares that individuals have

a right to make private childbearing deci-

sions, and access to birth control and abor-

tion. The Act protects every individual's |

right to make childbearing decisions free

of government interference. It reaffirms

the privacy rights established in Roe v.

Wade. A pregnant woman may end a preg-

nancy until fetal viability, and whenever

necessary to protect her life and health.

The Reproductive Privacy Act will pro-

vide women with greater access to early

non-surgical methods of abortion, by allow-

ing an expanded pool of qualified clinicians

to participate in pregnancy termination-

for example, to dispense the abortion pill.

The Act will ensure the safety of reproduc-

tive health care while eliminating the stig-

ma that has historically been placed on the

option of abortion, replacing it with a decla-

ration in support of the constitutional right

of individual choice in childbearing.

Passage of the Act this year will give

advocates an important accomplishment

to celebrate next year-at Roe's 30th

anniversary. Visit www.aclunc.org to voice

your support. @

REST HESSSERSSKEEE SSH RSSHEHSHSFHRSSHERSHS HERR SSH SSERER HEHE OSH ESE SF

Death Penalty ...

Continued from page |

wrote ACLU-NC executive director

Dorothy Ehrlich and ACLU Capital

Punishment Project director Diann

Rust-Tierney in a January 25 letter to

Governor Davis. "In your public state-

ments you have consistently expressed

your confidence in the fairness of the

death penalty system in California.

This case should greatly undermine

that confidence."

Although the Governor denied the

clemency request, the fight was on. The

ACLU-NC organized a bus to transport

people to the vigil, and in spite of freezing |

weather conditions, demand for seats was

so great that overflow transportation was

needed. ACLU-NC board member Aundre

Herron gave one of the most moving

speeches of the night, telling the rapt

Tonight, they will tell us that Stephen

Wayne Anderson... deserves to die. But the

one thing they will never do is call it what it

is. And what it is, is murder."

The execution came amid mounting

concerns about the application of the

death penalty across the

"We cannot say the

death penalty system

is fair and just when

it targets the poor,

people of color, and

has wrongfully

nation. On February 11,

a Columbia University

study concluded that the

nation's death penalty

system is "collapsing

under the weight" of

errors, finding that

"heavy and indiscrimi-

convicted 100 nate" use of the penalty

: in certain states and

innocent people that counties creates an

we know about." increased risk of error.

ACLU-NC board member - Aundre Herron Meanwhile, with a

Aundre Herron

crowd: "We cannot say the death penalty |

system is fair and just when it targets the |

poor, people of color, and has wrongfully |

convicted 100 innocent people that we |

know about. We must call it what it is...

recent Field poll show-

ing that 73% of Californians support a

"time-out" on executions pending an explo-

ration of the fairness of death penalty, the

statewide campaign for a moratorium is

gathering pace. i

Chapter Meetings

Chapter meetings are open to all interested members.

Contact the Chapter activist listed for your area.

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

ington) Chapter Meeting: Usually meet the second

Wednesday of each month, but please check with Jim

Hausken: (510) 558-0377. Meeting March 20 at Hong

Kong Villa Restaurant in Berkeley

Fresno Chapter Meeting: Meeting on the fourth

Thursday of each month. For more information, please

contact Tom Simpson: (559) 432-2787.

Lesbian, Gay, Bisexual, Transgender and

Intersex Chapter Meeting: This Chapter meets

SOME MONTHS on the second Sunday of the month at

the ACLU-NC office (1663 Mission Street, Suite 460) at

11 a.m. All are welcome; please check with contacts

Deborah Glen-Rogers (415-333-4016) or Roy Bateman

| 9575.

(415-621-7995) fo make sure a meeting is taking

place.

Marin County Chapter Meeting: Meet on the

third Monday of each month at 7:30 p.m. Currently

meeting at the West End Cafe, 1131 Fourth Street in San

Rafael. Contact Coleman Persily: (415) 479-1731.

Mid-Peninsula Chapter Meeting: Contact Paul

Gilbert for information about meetings: (650) 306-

Monterey County Chapter Meeting: Usually

meet the third Tuesday of the month at 7:15 p.m. at the

Monterey Public Library, 625 Pacific Street. Contact Matt

Friday: (831) 899-2263.

North Peninsula (San Mateo area) Chapter

Meeting: Meetings usually held at 7:30 on the third

Monday of each month at 700 Laurel Street (off Fifth

| Avenue) in San Mateo, in the ground floor meeting room.

_ tact Roger Zoss: rzoss@mymailstation.com or (707)

ACLU News = Marcn-Apriit 2002 = Pace 4

Contact Linda Martorana: (650) 697-5685.

Paul Robeson (Oakland) Chapter Meeting:

Usually meet the fourth Monday of the month at the

Rockridge Library, at Manila and College in Oakland.

Contact Louise Rothman-Riemer: (510) 596-2580.

Redwood (Humboldt County) Chapter

Meeting: Meet the third Tuesday of each month at the

Redwood Peace and Justice Center in Arcata. Please con-

786-4942.

San Francisco Chapter Meeting: Meet the third

Tuesday of each month at 6:45 p.m. at the ACLU-NC

office (1663 Mission Street, Suite 460).

Santa Clara Valley Chapter Meeting: Usually |

meet the first Tuesday of every month at 1051 Morse

Street (at Newhall) in San Jose. Contact Sam Freund:

(408)919-6248 or acluscv@hotmail.com.

Santa Cruz County Chapter Meeting: Usually

meet the third Thursday of each month at 7 p.m., but this

may change so please contact Marge Frantz: (831) 471-

0810.

Sonoma County Chapter Meeting: Usually meet

the third Tuesday of each month, at 7 p.m. at the Peace

and Justice Center, located at 467 Sebastopol Avenue

(east of 101). Call (707) 765-5005 for more intorma-

tion.

Chapters Reorganizing

Yolo County Chapter: {f you are an ACLU member in

the Davis area, and are interested in reviving this chapter,

please call Natalie Wormeli: (510) 756-1900.

oa

TL ae

QQ. K

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VG

DEAR PRIENDS OF THE ACLU

LF OCT

s we write, the ACLU is facing its greatest challenge in more than 80 years. For 2001 was a year like no other. It was a year in

which all of us were touched by tragedy, grief and fear. It was a year in which a government agenda that was ostensibly designed to make us

safer instead precipitated a rush to abandon our most cherished values: those enshrined in the Bill of Rights.

2001 was a year, in short, that required that the ACLU return to the very principle that inspired our birth in the 1920s: the defense of civil

liberties at a time of crisis.

In the days following September 11th, Congress moved swiftly to pass the USA-PATRIOT Act, giving government vast new powers to invade

our privacy and imprison people without due process of law. The executive branch soon followed suit, seizing unprecedented powers and cre-

ating a new "system of justice" that bypasses basic checks and balances. This is a system where 1,200 detainees can be held in secret; where

attorney-client conversations are no longer sacrosanct; where military tribunals may replace due process; and where individuals are targeted for

investigation based on their race or national origin.

Throughout this tumultuous period, the ACLU has risen to the challenge, calling for caution and

restraint, defending the rights of Arab American, Muslim and South Asian communities, and urging

the government to provide strong evidence that moves to extinguish our freedoms will actually make

The Bill of Rights and the California constitu- us safe. We are proud of the ACLU's response to this crisis: a response that you will read about in

tion would only be promises if people did not these pages but that has, in truth, only just begun.

fight to protect them. The American Civil

Liberties Union (ACLU) is the only national

The crisis that began on September 11th reached its tentacles into every aspect of our work. It rede-

. fined what we mean by racial profiling, brought new threats to online privacy and freedom of expression,

a cd ee and raised a host of new challenges in the arenas of criminal justice, police practices and immigrant

ing civil liberties for all.

The ACLU of Northern California was founded

during the General Strike in 1934, and today is

rights. Yet, even as we refocus our agenda, our commitment to our core issues and clients remains.

Indeed, the very real threats posed by the anti-choice administration in the White House make

our work to protect reproductive rights in this state more crucial than ever. At the same time, the

at the forefront of every civil liberties battle in

the state. Through direct litigation, public educa- Racial Justice Project has its sights set on ensuring that all the state's children have equitable

tion, legislative advocacy and grassroots organiz- access to education. Our pioneering work to make California's rural schools safe for lesbian and gay

ing, the ACLU-NC protects civil liberties in this students has made great strides, and we continue our efforts to blunt

region of the country. the edge of California's punitive approach to criminal justice.

This year, we waved farewell to some veteran staff members and

CONTENTS welcomed new faces on board. We appointed Michelle Alexander,

2 September 11th, 2001 - founding director of the Racial Justice Project, as associate director

? Highlights of the Legal Program and named veteran attorney Alan Schlosser as legal director. Rachel

(c) Criminal Justice and Police Practices Swain joined us as director of communications in October. The naming

(c) Language and Immigrant Rights of Anthony Romero as the national executive director has further

? Gay and Lesbian Rights enhanced and energized our efforts.

8 First Amendment and - Together with our committed staff, board of directors and chapter Dorothy M. Ehrlich

2 Privacy and Reproductive Rights

/ / activists, our generous donors and our ever-increasing membership, we

10 Racial Justice

12 The Howard A. Friedman

First Amendment Project

13 The ACLU in the Field decades to come.

It is an awesome responsibility. We hope that when you read this

are embarking upon a historic path, fully aware that our effort during this

time will have a profound impact on the future of civil liberties for

14 Communications and Public Education

15 Legislative Review annual report, you will share not only our sense of urgency given the cur-

16 Thank-you to our Donors rent threat, but also a sense of confidence and real pride in the strong

20 Development and Financial Report organization that we have built - an organization that has never been

needed as much as it is today.

Most sincerely, Margaret M. Russell

DEFENDERS OF LIBER|Y ANNUAL REPORT 2001

Editor: Rachel Swain

Design: Underground Advertising we : ge Aare (eae:

Printing: Howard Quinn Printers b) In ee ns

Contributors: Arnulfo Arias, Gigi Pandian,

Andy Lurie Dorothy M. Ehrlich Margaret M. Russell

Cover photo: Rick Rocamora Executive director, ACLU-NC Chair of the board of directors, ACLU-NC

oe

ACLU-N BOARD OF DIRECTORS Margaret M. Russell, Chair*| Luz Buitrago, Vice Chair*| Quinn Delaney, Vice Chair* | Steven L. Mayer, Vice Chair* | Michelle A. Welsh, Vice Chair* | Nancy Pemberton,

Treasurer* | Roy Bateman | Judy Belk | Nancy Broderick | Donna Brorby* | Scott Burrell* | Robert P. Capistrano | David Carducci | Rini Chakraborty | Larisa Cummings | Marlene De Lancie

| Milton Estes | Richard Estes | Steve Fabian | Susan Freiwald | Sam Freund | Angel Garganta | Paul Gilbere | Ramon Gomez* | John Granda | Dolores Heisinger | Aundre M. Herron*| Martha I.

Jimenez | Jenny Kern | Susan Ten Kwan | Reverend Roy Matthews | Dennis McNally* | George Pegelow | Millicent Rutherford | Preet Sabharwal | Zona Sage | Thomas Simpson | Frances C.

Scrauss* | Jon Streeter | David Sweet | William Walker | Patricia Wall | Roger Zoss | ADVISORY COUNSEL Ephraim Margolin | Charles Marson | GENERAL COUNSEL Stephen Bomse

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_2001.batch ACLUN_2002 ACLUN_2002.MODS ACLUN_2002.batch 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 Members of the Executive Committee and the Board of Governors of the ACLU Foundation of Northern California

ACLU-NCANNUAL REPORT 2001

calmly ros

At 8:46 on the morning of September

11th, 2001, the first plane ploughed into

the World Trade Center, altering the

course of history. With our national office

just blocks from where the twin towers

stood, staff at the ACLU-NC, like most

Americans, thought first of our friends,

family and colleagues. Then, as we began

to understand the enormity of what had

happened, we caught our first glimpse of

the uncharted territory that lay ahead.

GEven for a civil liberties organization

forged during wartime, the staggering

loss of life and sheer scale of this attack

raised challenges.

Nevertheless, the ACLU swiftly. but

sobering new

mobilized hundreds of thousands of sup-

porters to oppose egregious expansions of

law enforcement powers, protect freedom

of expression and defend the rights of

Arab Americans and Muslims. @The

ACLU's work in the wake of September

lith has been a truly national effort,

engaging all 53 affiliates and all of our

staff, chapters and supporters in northern

California. | The writing was on the wall

by the afternoon of September llth. As

evidence emerged that the hijackers were

from the Middle East, concerns mounted

about an impending backlash. On

September 12th, ACLU-NC launched a

hotline for victims of discrimination

linked to the attacks; days later we held a

packed press conference where an alliance

of over 50 organizations called for toler-

ance and announced a range of services for

victims of hate crimes and racial profiling.

Our concerns were, unfortunately, well

founded: a spate of hate-related violence

sullied the nation in the weeks following

the attacks, with our hotline alone receiv-

ing over 70 calls. | The ACLU was bit-

terly disappointed when, despite valiant

lobbying by the national office and our

supporters, we could not prevent federal

anti-terrorism legislation from passing.

Filled with measures that expand intelli-

gence agencies' power to wiretap, spy,

infiltrate, conduct covert searches and

detain and deport immigrants, the USA-

PATRIOT Act failed to strike the crucial

balance between safety and liberty.

Thousands of supporters sent faxes to our

northern California delegation and six

local Representatives - Sam Faar, Mike

Honda, Barbara Lee, George Miller, Pete

Stark and Lynn Woolsey - courageously

voted "no." @ The ACLU moved swiftly

to develop multilingual brochures

designed to help all people in the United

=-to-the decasion. Safe ancl

(c) Free" became-our tally cry, as the ACLU

States understand their rights when

stopped by government agents.

Thousands of "Know Your Rights"

brochures in Arabic, English and Spanish

flew off our shelves as we mounted a con-

certed campaign to get this information

into the hands of people in Arab, South

Asian, Middle Eastern and Latino com-

munities. | Before September 11th, the

ACLU-NC's efforts had helped convinced

the public and lawmakers that racial pro-

filing was both ineffective and wrong. But

the attacks caused a U-turn, with a major-

ity beginning to view racial profiling as a

necessary evil. The ACLU-NC has sought

to turn back the' tide of public opinion

since then; arguing that' the practice.

alienates communites of color and diverts

attention from investigations based on

individualized suspicion. Furthermore,

we publicly urged local police depart-

ments not to cooperate in a discriminato-

ty federal "dragnet" that targeted 5,000

young men for questioning based on their

national origin. | As debate raged across

the nation on the pros and cons of facial

recognition technology, Fresno airport

quietly installed an experimental facial

recognition system. Citing evidence that

this unreliable technology would do little

to keep Americans safe but much to

invade their privacy, the ACLU-NC wrote

an open letter asking the airport to take

its system down. The publicity sent an

important message: that airports cannot

slip systems like these under the public

G When the

announced a new citizenship requirement

radar. government

for airport screeners, the ACLU balked.

What sense does it make, we asked, to

preclude non-citizens who may serve in

the U.S. Army and the National Guard

from screening luggage in airports?

Moreover, with immigrants constituting

80 percent of screeners at San Francisco

International Airport, the City stands to

lose most of its trained and experienced

screeners. Early in 2002, we joined our

counterparts in Southern California, the

ACLU Immigrants' Rights Project and

other public interest organizations to file

suit on behalf of airport screeners in San

Francisco and Los Angeles, arguing that

the requirement violates the equal protec-

tion clause of the Fifth Amendment. 0x00A7

This marks the beginning of our work on

this new front. In 2002, we will redouble

our efforts to defend the assault on civil

liberties prompted by these tragic attacks.

J -_________cent SX

=

"I am counting on you to help maintain a balance between

our civil liberties and our nation's current priorities."

-Palo Alto ACLU member

a7

ACLU-NC ANNUAL REPORT 2001

ce

MiIGHILIGHTS OF THE LEGAL PROGRAM

As the Constitution's law firm, the

ACLU's legal department has a mission

that is broad, far-reaching and critical. This

office works on the frontlines of California's

major civil liberties battles, handling close

to 60 cases a year.

From tenants' rights to religious free-

dom, our team is on hand to defend civil

liberties and respond to abuses wherever

they occur. However, we have sharpened

our focus in recent years, identifying six

areas that we believe are of paramount

importance in defending liberty in this

region today: racial justice, police practices,

cyber liberties, reproductive rights, gay and

lesbian rights, and language discrimination.

This year, the events of September 11th

compelled us to add a new priority: defend-

ing civil liberties during the war on terror-

ism. Whether we are opposing the racial

profiling of Arab Americans and Muslims,

protecting the First Amendment rights of

dissenting demonstrators or seeking to cur-

tail expansions of government surveillance,

we can feel the reverberations of September

11th in every area of our work.

Our legal experts, ACLU-NC associate

director Michelle Alexander, staff attorneys

Ann Brick, Margaret Crosby, Robert Kim

and Jayashri Srikantiah, and legal director

Alan Schlosser, were joined by New Voices

fellow Katayoon Majd and Arthur Liman

fellow Kenneth Sugarman this year, and

ACLU-NC

We thank the following firms and individuals who donated services during 2001. Your hard work and

commitment are deeply appreciated by all the ACLU community.

Karin Kramer

Daniel E. Abramson Scott Kronland

Fred Altschuler Martha La Rosiliere

Christian Anderson Mark Le Forestier

Michael Anderson Kevin Lewis

Roy A. Austin, Jr. Morris D. Lipson

David Berger Jack Londen

Stephen Berzon Kay Lucas

Jeffrey L. Bleich Karl Manheim

Robert Bonta Steve Mayer

Chris Byers Amy E. Margolin

Lynne Coffin Millicent Meroney

Ken Easter Kathleen Morris

John Eichhorst Edward B. Mullen

Leonard Oldwyn

Monique Olivier

Daniel Eligator

James Emery

Will Folton Mark Perenes

Linda Foy Susan M. Popik

Simon Frankel Steve Presson

David Fried Kym Proctor

Warren George Lawrence F. Pulgram

Annette L. Hurst Michele Rose

Michael Kass Jeffrey Ross

Stephen Klein Michael Rubin

were ably assisted by Frances Beal, Angela

Wartes and Cynthia Williams.

Our many victories this year were made

possible, as always, by the assistance of more

than 100 dedicated lawyers who donated

their services as cooperating attorneys and

by the help of our legal interns and the com-

mitted team of volunteer counselors who

monitor our complaint hotline daily.

Although we cannot describe every case

here, what follows are highlights of the

Robert Rusky

Daniel Russo

Ethan P. Schulman

Amitai Schwartz

Brad Seligman

Erik Silber

Jon Streeter

Rebecca Sullivan

John Tigar

William Bennett Turner

John Van Loben Sels

Peter Wald

Jonathan Weissglass

Michelle Welsh

Stacey Wexler

Mark A. White

Altshuler, Berzon,

Nussbaum, Rubin

Demain

Chapman, Popik

White

Coffin and Love

Gonsalves and Kozachenko

Heller, Ehrman, White

McAuliffe

Howard, Rice,

Nemerovski, Canady,

Falk and Rabkin

Keker and Van Nest

Latham and Watkins

Morrison and Foerster

Munger, Tolles and

Olson

Pillsbury Winthrop

Rogers, Joseph,

O'Donnell and Quinn

Law Offices of Amitai

Schwartz

Stoner, Welsh and

Schmidt

Weinberg and Wilder

Wilson, Sonsini,

Goodrich and Rosati

program's remarkable efforts to defend lib-

erty in 2001.

FACTS AND FIGURES

Cases on the docket 57

Cases closed 16

Cases opened 18

Cases in state court 27

Cases in federal court 30

Cases in which we represent a party 30

Cases in which we serve as amicus 27

Cases handled by cooperating attorneys 21

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2001, the last period for which figures are available.

In our work on criminal justice and

police practices, the affiliate strives to bal-

ance the scales of justice. We seek to ensure

that all people have due process and equal

access to justice, whether they are innocent

targets of law enforcement, activists prac-

ticing civil disobedience or a person

charged with a capital crime.

While we have made great strides, we

have faced significant challenges every step

of the way: from constitutional issues

raised by the voter-approved Proposition

21, to concerns about police intelligence

gathering procedures in the wake of

September 11th, to a tough-on-crime

political climate that has made meaningful

legislative reform virtually impossible.

Here are some highlights of our work.

NO-PAROLE POLICY

RULED NO-GO

Convicted of an emotionally charged

second-degree murder shortly after his

high school graduation, Robert Rosenkrantz

began serving a 15-to-life sentence in

1986. His unblemished prison record and

college degree, as well as three job offers

and his parents' support made him a strong

candidate for parole in 2001. But when the

Board of Prison Terms (BPT) approved his

parole, Rosenkrantz found himself at the

centerof a new controversy.

Since taking office, Governor Gray

Davis has publicly stated that he has a "no-

parole policy" for murderers. He reversed

or recommended against parole for all but

one of the 35 lifers deemed eligible by the

BPT in1999 and 2000, and Rosenkrantz

was no exception. The Governor 's reversal

propelled the ACLU into the case.

When Rosenktrantz filed a habeas cor-

pus writ in Los Angeles Superior Court,

the ACLU-NC and ACLU-SC filed amicus

briefs arguing that the no-parole policy

violates a state law guaranteeing individu-

alized determinations based on statutory

criteria. The court agreed, ruling that the

policy violates California law and constitu-

tional due process. As we entered 2002,

the Second District Court of Appeal

affirmed the ruling. However, Rosenkrantz

remains behind bars pending review by the

state Supreme Court.

STATE SUPREME COURT

WEIGHS PROPOSITION 21

The affiliate's efforts to combat the

largest crime-related initiative in

California history led us to the state

Supreme Court in December as

amicus curiae in Manduley v.

Superior Court. The court grant-

ed review in the case, in which

the San Diego District

Attorney is prosecuting eight

youths as adults, after a lower

court ruled that Proposition 21

CRIMINAL JUSTICE AND POLICE PRACTICES

unconstitutionally transfers from judges to

prosecutors the authority to decide whether

a child can be tried as an adult.

As well as considering the separation of

powers, the court heard argument on

whether Proposition 21 violated a state law

limiting initiatives to a single subject by

rolling an array of topics - from gang data-

bases to the "three strikes" law - into one

proposal. Over 40 organizations including

the ACLU-NC filed amicus briefs asking the

court to strike down the law and pointing to

the devastating impact of the punitive meas-

ure on youth, as well as the $430 million

annual tab to taxpayers. Early in 2002, the

court upheld the law, dealing a major blow to

juvenile justice and to voters' rights.

MEDICAL MARIJUANA

HITS HIGH COURTS

The conflict between state and federal

authorities over California's Proposition

215 reached the United States Supreme

Court this year. The federal government

secured an injunction to close down the

state's cannabis clubs in United States v.

Oakland Cannabis Buyers Cooperative (OCBC)

after the district court opined that it could

not make an exception to the injunction in

cases of medical necessity. When the

OCBC appealed, the Ninth Circuit Court

of Appeals reversed.

The U.S. Supreme Court agreed to hear

the case, spurring all three California affili-

ates and the national ACLU to file an ami-

cus brief arguing that district courts have

the discretion to balance the needs of med-

ical marijuana patients against the provi-

sions of federal law. Although the

Supreme Court unanimously held that

medical necessity is not a defense under the

federal Controlled Substances Act, there

are two bright spots in the ruling. First,

the decision does not question the validity

of Proposition 215. Second, the Supreme

Court essentially adopted the position of

our brief in holding that federal district

courts do retain the discretion to deny

injunctions in cases like this.

In 2002, the ACLU will participate in

the first medical marijuana case to go

before the California Supreme Court.

People v. Mower will clarify how to proceed

when a defendant accused of possession or

cultivation of marijuana invokes the

Compassionate Use Act of 1996

(Proposition 215).

A PLUS FOR POLICE

ACCOUNTABILITY

Closed City Council sessions with

police union negotiators on proposed

reforms for Oakland's Citizens' Police

Review Board (CPRB) became a thing

of the past in January 2001. A consent

decree brought to a close our lawsuit seek-

ing to preserve the principle of open dis-

cussion of police accountability issues in

the City. Brought by the ACLU-NC and

People United for a Better Oakland

(PUEBLO), the suit charged the City

Council with violating the Brown Act and

the Oakland Sunshine Ordinance. After a

superior court ruling supported the ACLU

position, a settlement was reached and the

City Council began discussing CPRB

reform in open sessions.

NEW TRIAL FOR

PEPPER SPRAY VICTIMS

Videotape of police officers daubing pep-

per spray in the eyes of young environmen-

tal protesters shocked the nation when it

hit the headlines in 1997. The demonstra-

tors filed suit in federal district court,

claiming excessive force in violation of the

Fourth Amendment. After a jury dead-

locked and the district court judge refused

to allow a second jury trial to go forward,

holding that the use of pepper spray con-

stituted reasonable force, the ACLU-NC

jumped in. We filed an amicus brief sup-

porting the plaintiffs' appeal and bringing

to the court's attention emerging science

on the hazards of pepper spray. The

Humboldt County authorities, we argued,

were engaged in a novel experiment with a

dangerous chemical weapon. The appeal

court ruled that pepper spray may consti-

tute excessive force when used on nonvio-

lent protesters and sent Headwaters Forest

Defense v. Humboldt back to district court

for further proceedings.

ACLU-NCANNUAL REPORT 2001 Ss