vol. 67, no. 3, Special Summer 2003 Issue

aclu news

WoLtume LXWII

SPECIAL SUMMER 2003 IsSUE

NEWSPAPER OF THE AMERICAN G:iviL LIBERTIES UNION oF NORTHERN GALIFORNIA

Non-Profit

Organization

U.S Postage

: PAID

Permit No. 4424

San Francisco, CA

Vote "NO!" on Prop. 54 on Oct. 7

RECALL ELECTION Forces SWIFT VOTE ON DIVISIVE RACE INITIATIVE

he news that recall advocates have |

gathered enough signatures to force _

a vote on Governor Davis' future on -

October 7 sent shockwaves far beyond the

Governor's office.

A divisive ballot initiative that the

ACLU is working vigorously to defeat will |

now also appear on the Oct. 7 ballot-leav-

ing opponents with little time to persuade |

Californians to turn out to vote "no." The |

Classification by Race, Ethnicity, Color and |

National Origin initiative (CRECNO) qual- |

ified last summer for the next statewide -

general election, then scheduled for

March 2004. With news of the recall, the

vote on CRECNO (Proposition 54) was |

automatically shunted forward.

"Prop. 54 poses the biggest threat to the civil

rights and public health of all Californians in

decades."

_- Dorothy Ehrlich, ACLU-NC

"We have to move at full speed ahead to

explain to voters the real story behind this

deceptive initiative," said ACLU-NC

Executive Director Dorothy Ehrlich. "Prop.

54 poses the biggest threat to the civil rights

and public health of all Californians in

decades. I urge all ACLU supporters to help

us build the support we need to make sure

ype

"Information Ban" by opponents) would

bar state and local agencies from collect-

ing or analyzing data on race and ethnicity.

Continued on page 2

this initiative is dead in the water on Oct.

The brainchild of affirmative action foe |

Ward Connerly, Prop. 54 (dubbed the |

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ACLU Members Act

to Stop "Patriot II'

' ) Jith a full-page ad in the New York

Times that reads: "Patriot Act II:

Like most sequels, this one's even

worse than the original" (see page 3), the

ACLU of Northern California (ACLU-NC)

has launched a campaign designed to

thwart a new proposal drafted by the

Department of Justice from becoming law.

The "Domestic Security Enhancement

- Act," dubbed Patriot Act II, would grant the

. government an array of new powers,

including the ability to make secret

arrests, place unrestricted wiretaps, and -

create DNA databases

Americans.

Hundreds of ACLU-NC supporters have

sent letters asking Congress to investigate

ways in which the Bush Administration has

used powers granted under the USA

on ordinary

Patriot Act, and urging opposition to

Patriot Act II, The ACLU-NC is urging all

its close to 40,000 members to join the let-

ter-writing campaign.

"Before Patriot Act II is even consid-

ered, we need to find out how the first

Patriot Act is being used to violate our

Constitutional rights," said Bob Kearney,

Associate Director of the ACLU-NC. "We

call on Congress to assert strong checks on

law enforcement and pierce the wall of

secrecy surrounding the government's use

of these new powers."

The original USA Patriot Act was

rushed through Congress in just 45 days

after the terrorist attacks of September 11,

2001. It gave the government sweeping

new powers to place wiretaps, secretly

Continued on page 2

Beets se GG SSSR RRR HEEES EE ERRRRRE EEE ESSE SSRKRKRR REESE SESE HSS EBB

Board Elections Notice

he ACLU-NC Board of Directors, in

accordance with changes adopted in

1996, have an election schedule as |

follows:

Nominations for the Board of Directors -

will now be submitted by the September

Board meeting; candidates and ballots will

appear in the November-December issue

of the ACLU News; elected board members |

will begin their three-year term in |

January.

As provided by the revised ACLU-NC by- |

laws, the ACLU-NC membership is entitled

to elect its 2003-2004 Board of Directors

directly. The nominating committee is now

seeking suggestions from the membership

to fill at-large positions on the Board.

ACLU members may participate in the

nominating process in two ways:

1. They may send suggestions for the |

nominating committee's consideration pri-

or to the September Board meeting |

(September 11, 2003). Address sugges-

tions to: Nominating Committee, ACLU-

NC, 1663 Mission Street, #460, San |

Francisco, CA 94108. Include your nomi-

nee's qualifications and how the nominee

may be reached.

2. They may submit a petition of nomi-

nation with the signatures of 15 current

ACLU-NC members. Petitions of nomina-

tion, which should also include the nomi-

nee's qualifications, must be submitted to

the Board of Directors by October 3, 2003

(twenty days after the September board

meeting). Current ACLU members are

those who have renewed their membership

during the last 12 months.- Only current

"members are eligible to submit nomina-

tions, sign petitions of nomination, and

vote.

ACLU members will select Board mem-

bers from the slate of candidates nominated

by petition and by the nominating commit-

tee. The ballot will appear in the November-

December issue of the ACLU News.

REVISED ACLU-NC By-Laws

Article. VII, Section 3: Presentation of

Continued on page 2

eS eee aa es ee ees

Continued from page |

To our Readers

It would eliminate information that pin-

points where inequities lie - undermining

efforts to prosecute hate crimes or enforce

civil rights laws barring discrimination in

housing, education and employment, and

jeopardizing programs that combat chron-

ic health problems like teen pregnancy,

breast cancer and AIDS.

Despite the accelerated schedule,

prospects are good for the Coalition for an

-NC

rriving on the doorsteps Of ACLU-N

dof its history.

ges. Soon, you

th a new look and

he ACLU News has been a

q will

members since 1934. We're prou ae

his year, we're preparing to make some

ae of a new ACLU News - W

d analysis. The new ACLU News will es

a year, instead of six. We eps y ;

information, analysis an

ssues. We'll be asking for

eive the first edition

re in-depth articles an

ur times

the ACLU News for

*s civil liberties 1

rec

mo

on to your doormats fo

will continue to look to

action alerts on the region

your feedback!

For now, we Ur

ase support

bership conferenc

political ac

ornians you know to V

crucial issues outlined in this

t Act Il campaign, and

ut, above

"This poorly conceived

initiative threatens to

disarm law

enforcement and

prevent them from

doing their job."

ge you to act on the

the Patrio

eon September 13. B

tion this yeas make it

ote "no" on

join us

special issue. Ple

for our annual mem

ly have time for one

if you on :

a iL the Calif

this: please turn out a

Prop.94 on October 7.

Our thanks go to all those -

s

and, of course, the reader pes

ce of information 10

i ra-

writers, editors, designers, photog

who have helped to make the

phers, o many years. Long

ACLU News such a vital sour

; inue! ope ee

may it contin Informed California, an alliance of around

350 civil rights, health, education and envi-

ronmental organizations that has aligned

to fight the initiative. A July 2003 Field poll

revealed tepid support for the initiative,

with "yes" votes hovering at around 50 per-

cent- much lower than most analysts say

is needed for an initiative to pass. Support

drops off as Californians learn more about

the initiative.

Dorothy Ehrlich

Rachel Swain Executive Director

Editor

S#EeEeeeG SS SSS SRRRRHEEHSESSSSERSRSRRBRARESESESSESSRSRSRBRRSEARHESESESESEREBR

Connerly's smokescreen," says Ehrlich.

"When Californians realize the devastating

impact the Information Ban would have on

all of our families, their vote is "no." I am

confident that if we can mobilize the

Board Elections...

Continued from page |

Peet GSsS SSFP RRR SS FSSESSSSRRRRREKSHEHESSRRSRRNRRREEESESEHEEERBR

Patriot Act...

Continued from page |

Nominations and Additional Nominations.

| `The final report of the committee to nomi-

nate members-at-large to the Board shall

be presented at the September Board

meeting. Members of the Board may pro-

pose additional nominations. If no addi-

tional nominations are proposed by Board

members, the Board by a majority of those

present and voting, shall adopt the nomi-

nating committee's report. If additional

nominations are proposed, the Board shall,

by written ballot, elect a slate of nominees

with each member being entitled to cast a

number of votes equal to the vacancies to

be filled; the persons nominated by the

Board shall be those persons, equal in

number to the vacancies to be filled, who

have received the greatest number of

votes. The list of nominees to be placed

before the membership of the Union for

election shall be those persons nominated

by the Board as herein provided, together

broad definition of terrorism even puts

some American protesters engaged in First

Amendment activity at risk of having their

US. citizenship stripped.

The draft legislation has sparked oppo-

sition from a wide array of groups - from

People for the American Way to the

American Conservative Union, Gun Owners

search homes and offices, and compile

personal data about average Americans.

Patriot Act IT proposes to expand those

powers to include allowing the govern-

"We call on Congress to assert strong checks on |

law enforcement and pierce the wall of secrecy |

surrounding the government's use of these new _

powers."

- Bob Kearney, ACLU-NC.

of America, and American Baptist

Churches USA. Conservative columnist

and former Nixon speechwriter William

Safire called Patriot Act II "an abomina-

tion,' while Representative Jerrold Nadler

of New York said it amounted to "little more

than the institution of a police state."

ment to secretly access credit reports and

library records without a warrant, and to

catalogue genetic information about inno-

cent Americans without court orders or

consent. It would repeal local court orders

that prevent police from spying on reli-

gious and political organizations. Its over-

Gay

/ Pride

March

ACLU supporters

marched - and

rolled -in San

Francisco's gay

pride march, June

30, 2008.

Pe eee ee Ee ta Cre

-- Attorney General Bill Lockyer |

"Voters are smart enough to see through ~

"No" on Prop. 54...

| AGLU-NG Executive Director Dorothy

SBSSSSESSRRSOSCBRE ES HSSESESSERLR OO EE OB

GiGi PANDIAN

Ehrlich `

resources we need to turn out voters on

October 7, the "no" campaign will win."

In recent months, the coalition has

picked up crucial endorsements from the

University of California Board of Regents,

medical and business associations like

Kaiser Permanente, the California Medical

Association, and the American Academy of

Pediatrics, and the state's five top consti-

tutional officers, including Gov. Davis and

Attorney General Bill Lockyer.

"This measure would handcuff law

enforcement efforts to investigate and

prosecute hate crimes. It would roll back

efforts to combat racial profiling, and pro-

mote inequality, injustice and ignorance,"

Lockyer recently said. "For those who care

deeply about and fight daily to protect the

public's safety, this poorly conceived initia-

tive threatens to disarm law enforcement

and prevent them from doing their job."

For more information on the cam-

paign, visit www.informedcalifornia.org.

To get involved in the "No on 54"

Campaign, contact ACLU-NC volunteer

coordinator, Jessica Justice, at 415-621-

2493, ext. 383.

SBS SSSRSSRERSREESSESEESSSE AROS ES

with those persons nominated by petition

as hereinafter provided in Section 4.

Article Vil, Section 4: Recommendations

and Nominations by Members of the Union.

Any fifteen or more members of the Union

in good standing may themselves submit a

nomination to be included among those

voted upon by the general membership by

submitting a written petition to the Board

not later than twenty days after the adop-

tion by the Board of the slate of Board nom-

inees. No member of the Union may sign

more than one such petition, and each

such nomination shall be accompanied by

a summary of qualifications and the writ-

ten consent of the nominee. This provision

of the By-Laws shall be printed in the first

page of the. May-June issue of the ACLU

News together with an article advising

members of their rights in the nominating

process.

*The Board of Directors of the ACLU of

Northern California revised the By-Laws of

the organization in February, 1995, to

change the timeline for Board election

procedures. i

PATRIOT A

Like most sequels,

- this one's even worse

than the original.

'

DON'T LET PATRIOT ACT II BECOME LAW

(c)

= a ee :

Groen ARRESTS. UNRESTRICTED WIRETAPS. DNA DATABASES. These than the institution of a police state." Patriot Act II will do little to keep us safe

could become all too real under a new proposal being drafted by the Bush and much to undermine the very freedoms that define this nation. That's why

Administration, Its been dubbed Patriot Act II, and like most sequels, this one is 67 organizations from across the political spectrum have sent a letter to Congress

worse than the original. Much worse. asking that this proposal be placed where it belongs: the shredder.

Rushed through Congress in 2001, the original USA Patriot Act gave the Together, all of us who believe in freedom can stop this proposal. Because the

government sweeping new powers to place wiretaps, secretly search our homes _ only patriotic thing about Patriot Act II is its name.

and offices, and compile personal data about us. TAKE ACTION NOW, BEFORE PATRIOT ACT II 1S FORMALLY INTRODUCED.

Patriot Act II goes even further. It would permit the government to engage Please contact your U.S. Represent-

in unchecked surveillance, secretly access credit reports, and catalogue genetic _ ative and Senators and urge them Visit our website

information about innocent Americans, - to voice their opposition to the to send a

It's no wonder conservative columnist William Safire calls it "an abomination," Domestic Secuity Enhancement Act `ree fax toaay.

and Representative Jerrold Nadler (D-NY) said that it amounts to "little more of 2003 (Patriot Act II). www.aclucalifornia.org

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`communities, the future | f

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Endowment Fund

Reaches $5 Million Goal

By RoBerT NAKATANI

ENDOWMENT CAMPAIGN DIRECTOR

ith a generous $1 million gift from

the Sandler Family Supporting.

Foundation, the ACLU Founda-

tion's first endowment campaign reached

its goal this past February. In Northern

California, the ACLU goal of $5 million was

exceeded by $250,000. At the same time,

ACLU nationwide reached its goal of $50

million.

"Tam extremely gratified," enthused -

ACLU-NC Board Chair Quinn Delaney,

"that we were able to reach our goal even

during this period of economic decline.

Our supporters continue to amaze me with

their determination to build an ACLU that

can rise to every civil liberties challenge."

"Endowment income has already made

a big difference for us," added ACLU-NC

Executive Director Dorothy Ehrlich. It

enabled us to build the Friedman First

Amendment Education Project, our stu-

dent outreach program, and helped sup-

port our innovative Racial Justice Project.

It's also given us the strength and confi-

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-Kensington)

Chapter Meeting: Meet the third Wednesday of each

month at 7p.m. at a location to be announced. For more

information, contact Jim Hausken: (510) 558-0377.

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 Ratael.

Contact Coleman Persily for more information: (415)

479-1731. Or call the Marin Chapter complaint hotline

at (415) 456-0137.

Mid-Peninsula Chapter Meeting: Meet at 11 a.m.

on the third Saturday of the month. Contact Harry

Anisgard for more information: (650) 856-9186.

Monterey County Chapter Meeting: Usually

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

Monterey Public Library. Contact Matt Friday to confirm

time and location: (831) 899-2263. Or to report a civil

Chapter hotline: (41

dence to develop a coordinated and

expanded response to the efforts of the

Bush Administration to use people's fears

to justify taking away their liberties."

Much of the credit for the campaign's

success goes to the Endowment Steering

Committee, staffed by Development

Director Cheri Bryant. The hard-working

members of the committee include

- national board member Milton Estes,

Delaney, former board chairs Margaret

Russell and Dick Grosboll, Davis Riemer,

and Ehrlich.

Leadership gifts from The Friedman

Family Fund, Quinn Delaney and Wayne

Jordan, the Sandler Family Supporting

Foundation, and James C. Hormel con-

tributed significantly to the success of the

campaign. Other generous donors to the

campaign include:

Anonymous (2)

Alvin H. Baum, Jr.

Milton N. Estes and Tom Steel

Jerome B. Falk, Jr. and Nancy Falk

. David Friedman and Paulette Meyer

Eleanor Friedman and Jonathan Cohen

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_2003.batch 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 Kristina Kiehl and Robert Friedman

liberties concern, call Monterey's complaint line: (831)

622-9894.

North Peninsula (San Mateo area) Chapter

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

Monday of each month, at the downstairs conference

room at 700 Laurel Street (off Fifth Avenue). Contact

Linda Martorana: (650) 697-5685.

_ Paul Robeson (Oakland) Chapter Meeting:

Usually meet the fourth Monday of each month at the

_ Rockridge library (on the corner of Manila Ave. and College

Ave. in Oakland, three blocks from the Rockridge BART).

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

Redwood (Humboldt County) Chapter

Meeting: Meet the third Tuesday of each month at 7

p.m. above Moonrise Herbs in Arcata. Please contact

Roger Zoss: rzossquik.com or (707) 786-4942. The

chapter is currently seeking new board members.

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).

5) 979-6699.

Call the

events,

| www.acluscv.org.

Please call

Lisa Peck Lindelef and John J. Lyons

Marsha Rosenbaum and John Irwin

Stephen M. Silberstein and Anne G.

Lipow

Carol Walter Sinton Fund for Freedom

of Expression.

In addition, Jack Londen and Kathleen

Blamey made a $100,000 challenge grant

to help establish the Northern California

Fund for Constitutional Rights, a special

fund within the Trust for the Bill of Rights,

the ACLU's endowment. Those making

contributions to this Fund include

INOILOV SDIVL

_ Stephen Bomse and Edie Silber, Roger

- Boone, Marlene De Lancie, Sylvan and

_ Marjorie Heumann, Paul and Jeanette

_ Johnson, Stephen R. Kennedy, Tom

Lockard and Alix Marduel, Jim and Jeanne

Newman, Davis Riemer and Louise

Rothman-Riemer, Frances C. Strauss, and

John Weinstein and Heidi Stewart.

The ACLU of Northern California

thanks these individuals whose commit-

ment and foresight helped secure more

_ than $5 million to safeguard liberty for

generations to come.

QRREREESEBERSEOERSRESESERSEREESESSESSRARR ORES ESSEESE ERE EB ES SB

Santa Clara Valley Chapter Meeting: Meet the

first Tuesday of each month at 1051 Morse Street (at

Newhall) in San Jose. For more information and news on

contact

Santa Cruz County Chapter Board Meeting:

Meet the third Tuesday of each month at 7 p.m. at 260 |

High Street. Contact Marge Frantz for more information:

(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,

Santa Rosa (one block west of Santa Rosa Avenue). Call

the Sonoma hotline at (707) 765-5005 or visit

www.aclusonoma.org for more information.

Chapters Organizing

Contra Costa/Mt. Diablo: Meetings on Tuesday,

August 12, and Tuesday, September 8, at 7 pm at the

Ygnacio Valley Branch of the Walnut Creek Library, 2161

Oak Grove (just south of Ygnacio Valley Blvd). Contact

Lee Lawrence at (925) 376-9000 or leehele-

ACLU News a dalla Aa wy ee oe Cl ee

acluscvhotmail.com or visit

nalawrenceyahoo.com. All ACLU members in central and

eastern Contra Costa County are invited to participate in

this chapter.

Livermore/Dublin/Pleasanton: Contact Bob

Cuddy at (925) 443-1980 or becuddyaol.com.

_ Lesbian, Gay, Bisexual and Transgender

Chapter: Contact Roy Bateman at (415) 621-7995

for information about rejuvenating this chapter.

Mendocino: Contact Jessie Jesulaitus at (707) 964-

8099, ot Chapter Chair Linda Leahy at 707-937-3452 or

llechymcn.org. Regular monthly meetings.

Napa: Meet the first Thursday of the month in the Lee

Lounge, located upstairs in the Lincoln Theater Building of

the California Veterans Home in Yountville. Contact Ken

Croft at (707) 592-3459 or Mary Wallis at (707) 226-

6756.

Solano: Contact Bill Hatcher at (707) 449-0726.

Yolo County: Contact Natalie Wormeli: (530) 756-

1900.