vol. 67, no. 2

Volume LXVII

CHP SETTLES!

aclu news

MarRcH-APRIL 2003

Landmark Reforms Won in Profiling Suit

By ELIZABETH HAN

ACLU INTERN

California Highway Patrol (CHP) has |

a first of its kind settlement, the |

agreed to adopt sweeping reforms-

including a ban on consent searches and |

restrictions on drug-related pretext

stops-that will help curb the practice of

racial profiling on California's highways.

"There has been no other racial profiling

lawsuit in any other state that has resulted

in these kinds of reforms," said Jon

Streeter, partner at the San Francisco law

firm of Keker and Van Nest and the lead

counsel for the ACLU in the case.

"Today's settlement marks a turning |

point in the fight against racial profiling in

California," said Curtis Rodriguez, a plain-

tiffin the case, Rodriguez et al v. CHP "It is

important because it will make our high-

ways safer for everyone; Latino and African

American motorists will no longer have to

live in fear of being stopped and searched

simply because of the color of their skin."

The lawsuit was part of an extensive

ACLU campaign involving legislative advo-

cacy, grassroots organizing, public educa-

tion and litigation that seeks to stamp out

the phenomenon of "Driving While Black |

or Brown (DWB)."

The settlement extends by three years a |

moratorium on consent searches instituted _

| the ACLU. The "difference between the

_ stereotype and the actual fact is at the

_ heart of the problem: very little contraband

_ is found in those consent searches," said

| Streeter. "The state's leading law enforce-

are approximately three times more likely |

in 2001 by the CHP as a result of the suit. It

also bans drug-related pretext stops - the

practice of pulling over motorists for a

minor traffic violation as a pretext for

searching the vehicle for drugs. Latinos

relies on racial stereotypes, according to

ment agency would not adopt this ban if

The reforms agreed to by the CHP should serve

as a model policy for local police departments

throughout the state.

- Mark Scholsberg

to be searched by CHP officers than whites

in the Central and Coastal Divisions, and

African Americans are approximately twice

as likely to be searched in those divisions,

according to data obtained during the suit.

With the ban on consent searches, "the

settlement addressed law enforcement tac-

tics most likely to be infused with bias,"

according to Mark Schlosberg, police prac-

tices policy director of the ACLU of Northern

California (ACLU-NC). Consent searches,

which give great discretion to officers, can |

easily become an opportunity for latent -

racism to be manifested, Schlosberg said.

Racial profiling is not merely discrimi- _

natory; it is an ineffective practice that

Resolution Campaign

Gains Force

By SANJEEV BERY

ACLU ADVOCATE/ ORGANIZER

is growing to reclaim our rights. Asa |

| ncity halls across the U.S., a movement

new Bush administration proposal

dubbed "Patriot Act II" looms on the hori-

zon, local officials around the nation are

mounting vocal opposition to its predeces-

sor, the USA Patriot Act of 2001.

Already, over 75 cities and counties

nationwide representing more than 5.4

million Americans have passed resolutions

opposing the USA Patriot Act and other

federal actions that erode civil liberties.

These measures are powerful statements

in opposition to troubling new government

powers, including giving the FBI expanded

authority to spy on political meetings and

houses of worship, monitor Internet and

email use, and subpoena libraries for infor-

mation about what patrons are reading.

Here in Northern California, 17 com-

munities - San Francisco, Oakland, Yolo

County, Davis; Arcata, Point Arena

ting "Special Registration" ........4

The ACLU-NC's Sanjeev Bery (l) speaks at

San Francisco City Hall announcing the

City's antt-USA Patriot Act resolution as

Supervisor Jake McGoldrick (r) looks on.

Sonoma, Sebastopol, Cotati, Fairfax, San

Anselmo, Richmond, Berkeley, Union City,

Santa Cruz, Watsonville and El Cerrito-

have passed resolutions. The senate of the

Associated Students of the University of

U.C. Berkeley also passed a resolution on

March 5.

San Francisco's resolution, passed 9-1

on January 22, "affirms that any efforts to

end terrorism not be waged at the expense

of the fundamental civil rights and liber-

ties of the people of San Francisco

Continued on page 2

ELIZABETH HAN

consent searches were really needed," not-

ed ACLU-NC legal director Alan Schlosser.

"Racial profiling is not necessary for effec-

| tive law enforcement."

The settlement also includes: compre-

| hensive data collection on traffic stops,

including the reason for the stop, whether

a search was conducted, the legal basis for

the search, and the result of the stop and

search; and the creation of an Auditor posi-

tion to monitor the data, who will report

directly to the Commissioner.

The ACLU praised the CHP and

NEWSPAPER OF THE AMERICAN Civil LIBERTIES UNION OF NORTHERN CALIFORNIA

Non-Profit

Organization

US Postage

PAID

Permit No. 4424

San Francisco, CA

Commissioner Spike Helmick for becoming

the first agency in the nation to institute

such reforms. "The reforms agreed to by

the CHP should serve as a model policy for

local police departments throughout the

state," said Schlosberg. @

ACLU Challenges

Student Roundup

By STELLA RICHARDSON

MEDIA RELATIONS DIRECTOR

n January 30, the ACLU of Northern

California (ACLU-NC) filed a class

action lawsuit challenging the

unlawful roundup of approximately 60 stu-

dents at James Logan High School in Union

City. On February 22, 2002, the students

were illegally rounded up, detained for up

to two hours, searched, interrogated, and

photographed by Union City police officers

and school officials. The information gath-

ered from the students apparently was

entered into a "gang database" maintained

by the Union City Police Department.

"These high school students, most of

them Latino or Asian, were subjected to

the most humiliating kind of treatment:

they were rounded up, patted down, forced

to let officials search their backpacks and

purses, and then interrogated and pho-

tographed by the police so that they could

be added to a gang database-all without

any justification," says Ann Brick, staff

attorney with the ACLU-NC "This kind of

mass roundup is a blatant violation of the

students' Fourth Amendment rights.

One of the plaintiffs, Brian Benitez

was walking through the corridors with

two friends during lunch period when he

was stopped by a Union City police officer

and a school principal who ordered the stu-

dents to follow them. "I was just going to

get lunch when I was stopped and told that

I had to follow the police officer. I protest

ed that I had not done anything wrong, but

I was warned that if I didn't follow them

they would force me. I was afraid, so I

went." Now Benitez and the other students

are worried about having their photographs

in a police "gang database." "Does this

mean that I will be stopped again?" asks

Benitez.

"T think it is very disturbing when our

kids are treated like this," said Ron

Prentice, a parent of one of the plaintiffs.

"These kids are going to school to learn, but

the school is teaching them the wrong les-

son when it rounds kids up who are simply

going to class or eating lunch." Benitez,

Prentice, and a third student, Victor

Munoz, are suing on behalf of all students

Continued on page 4

aye hye wee Le

te To

For registration and information, visit

www.aclu.org and click on `Events

call 212.254.2561

Resolutions...

Continued from page |

"T have introduced this resolution to

send a message to the Bush Administration

that individual citizens will not tolerate

these widespread violations of their civil

liberties in the name of fighting terrorism,"

said Supervisor Jake McGoldrick. "The

USA Patriot Act encourages the use of

racial profiling and creates an atmosphere

of hate against immigrants who have done

nothing wrong. This is something we in San

Francisco will not tolerate." Supervisors

Gerardo Sandoval, Aaron Peskin, Matt

Gonzalez, Chris Daly and Tom Ammiano co-

sponsored the resolution.

Residents of another 25 cities across

Northern California have launched their

own campaigns. Nationally, communities

that have passed resolutions range from

Carrboro, North Carolina, to Fairbanks,

Alaska and include large cities like Denver

and Detroit.

In each jurisdiction, concerned resi-

dents from a wide range of backgrounds -

from former Mayors to high school students

- came together and launched local cam-

paigns. Activists held public forums,

recruited local organizations, and lobbied

their city councils and county boards. They

formed diverse coalitions of people from all

religious backgrounds, ethnicities, politi-

cal persuasions, and walks of life.

These local efforts are important

because they send a message to

Washington DC that support for civil liber-

ties remains strong. Many of the resolu-

tions also have a practical impact locally.

They instruct local officials to refrain,

when legally possible, from participating

in federal actions that may violate resi-

dents' civil liberties.

As more resolutions pass, more city

and county governments will take steps to

protect their residents from such intrusive

federal efforts. Simultaneously, grassroots

opposition to the federal actions them-

selves will continue to build.

No doubt in part as a result of these

local efforts, more and more members of

Congress are now quietly backing away

from their previous votes in support of the

Patriot Act. This is a crucial development

New Chair for Affiliate Board

BY GIGI PANDIAN

~PROGRAM ASSISTANT ~ ~

ong-time ACLU sup-

porter and board mem-

ber Quinn Delaney was

enthusiastically welcomed

by the ACLU-NC as the new

chair of the affiliate board in

February. Delaney takes

over the helm from Margaret

Russell, who chaired the

board from January 2000.

An Associate Professor of

Law at. Santa Clara

University, Russell has been

a member of the board for

over 15 years. "Chairing the

ACLU-NC board has been one of the high-

est honors and most meaningful experi-

ences of my professional life," Russell said.

"As a professor of consti-

tutional law, Margaret com-

bines being a brilliant legal

scholar with her substantive

leadership qualities at the

ACLU," ACLU-NC executive

director Dorothy Ehrlich said

of Russell. "She led us

through two important orga-

nizational changes during

her tenure as chair; an

important strategic planning

process that is making the

organization function more

Board

Elections

he ACLU-NC is proud to welcome

new board members Peter Kwan,

Matt Murray, Harmeet Dhillon,

Helal Omeira, and Phillip Mehas.

Congratulations to re-elected board mem-

New ACLU-NC board

chair Quinn Delaney.

effectively, as well as leading us through

~~ the complex process of restructuring the

field program. We thank Margaret for her

exemplary dedication and

leadership."

Delaney takes the chair

after serving for four years as

vice chair of the board and chair

of the development committee.

Under her stewardship, the

ACLU-NC reached and exceed-

ed its fundraising goals and

concluded its multiyear cam-

paign for a $5 million Trust for

the Bill of Rights. "Quinn is an

elegant leader who pushed

board members to increase

their sites, and with amazing

results,' said Ehrlich. "She is an accom-

plished leader and will be a great chair."

Delaney, who is director of the Akonadi

Foundation, which gives

grants to nonprofit organiza-

tions working towards elimi-

nating racism, says she is well

aware that she assumes lead-

ership of the board during a

period of serious challenges.

"I look forward to working

with the dedicated staff, ener-

gized board, and a very.active

group of supporters as we

work to secure civil liberties

and rights for everyone," she

said. Hi

CATRINA ROALLOS

CATRINA ROALLOS

Retiring boar chair

Margaret Russell

Luz Buitrago, Scott Burrell, Milton

Estes, Angel Garganta, and Nancy

Pemberton.

The new members of the Executive

Committee are Steve Fabian, Paul

Gilbert, and Jon Streeter (Legal

Committee Chair).

We thank outgoing board members

Dennis McNally, Aundre Herron,

Millicent Rutherford, and Zona Sage.

as the Bush administration prepares to

introduce "Patriot Act II."

This time, however, community

activists will be ready. Thanks to the wave

of opposition spreading nationwide, there

is a chance that we can defeat this legisla-

tion before it is even formally introduced.

To learn more about how to support

these efforts or pass a resolution in

your community, visit http://

www.aclunc.org/91 l/resolutions.himl. @

Sanjeev Bery is working to help com-

munities across the region organize the

passage of resolutions. Contact him at

sbery@aclunc.org.

Take Action! Say "Ne te

Patriot Act Il

first USA Patriot Act have been used.

Tell them:

Read more about Patriot II at

he Bush administration has secretly drafted sweeping new legislation dubbed

"Patriot Act II." The "Domestic Security Enhancement Act" contains a multitude of

new and sweeping law enforcement and intelligence-gathering powers, many of which

are not related to terrorism and would severely undermine basic constitutional rights

and checks and balances. Take Action! Write to your Member of Congress now!

Demand that Congress reject new legislation that threatens our civil liberties and

rights, and that the Bush administration explain how the new powers given under the

The new legislation would allow the government to spy on First Amendment

protest activities. By applying an overbroad definition of terrorism, organiza-

tions using protest tactics could become victims of criminal wiretapping and oth-

er electronic surveillance. In addition, the proposal would terminate

court-approved limits on police spying.

Patriot II would radically diminish personal privacy by removing checks on

government power. It would permit, without any connection to anti-terrorism

efforts, sensitive personal information about U.S. citizens to be shared with local

and state law enforcement. In addition, the government could gain secret access

to credit reports without consent or judicial process.

Patriot II would increase government secrecy while diminishing public

accountability. It would authorize secret arrests in immigration and other cases

where the detained person is not criminally charged. It would allow for the sam-

pling and cataloging of innocent Americans' genetic information without court

order and without consent. And, the act would shelter federal agents engaged in

illegal surveillance without a court order from criminal prosecution if they are

following orders of high Executive branch officials.

Visit www.aclunc.org to take action at the click of a mouse. Je

http://www.aclunc.org/opinion/030317-underattack.htm.

BAEZ AND

RENO PACK

THE HOUSE

AT ACLU

BENEFIT

n February 7, the legendary

Joan Baez and comedian

extraordinaire Reno brought

down the house at the Castro

Theatre. Marc Huestis and

Outsider Enterprises. produced

this memorable event, with par-

tial proceeds benefiting the

ACLU Foundation. The show

started with Reno's new film,

ousness in a riveting performance.

"Reno: Rebel Without a Pause," which focuses on life near Ground Zero, post-

September 11. Reno exhorted the crowd to support the ACLU and introduced Dorothy

Ehrlich, who gave a stirring presentation on our work before Baez shook the theater

with her tremendous voice. Together, Reno and Baez combined humor, song, and seri-

MICHAEL WOOLSEY

- Denise Mock

AGLU News =e Marcu - Apri 2003 og Pace 2

The Budget Deficit that Ate Godzilla

BY VALERIE SMALL NAVARRO

ACLU LEGISLATIVE ADVOCATE

he budget deficit debate in Sacra- _

mento is raging. Does the deficit in |

fact exceed $34 billion? Through

what combination of cuts and tax increases

will the state address this gaping hole?

Although Governor Davis did not pro-

pose any significant cuts to the sprawling |

corrections budget, the ACLU supports a |

variety of options that could reduce the

non-violent prison population. For exam-

ple, Senator John Vasconcellos-D has |

introduced legislation (SB 519) to allow |

people who would have qualified for drug |

treatment under Proposition 36 but who

were convicted before its passage to qualify |

for treatment instead of incarceration.

The Legislature is looking at other options,

including early release of certain non-vio-

lent offenders and elimination of some |

felony penalties for petty theft.

The fiscal crisis casts a shadow across |

legislation that includes any implementa-

tion costs. In addition to the numerous

bills that we will support and oppose based -

on their impact on civil liberties and civil

rights, the ACLU will be taking a leading

role on the following bills:

SB 71 (Kuehl-D), Reforms sex educa-

tion laws. With 11 separate laws scattered

throughout the Education Code, confusion

reigns over California's sex education laws.

Although schools that teach sex education

are required to take a comprehensive

approach, teaching about contraception as

well as abstinence, many schools rely on

curricula that are inaccurate or imcom-

plete. Sponsored by Planned Parenthood

and the ACLU, the California Comprehensive

Sexual Health and HIV/AIDS Prevention

Education Act (SB 71) aims to plug these

holes by replacing these laws with one new

section that ensures that students are pro-

vided with comprehensive, age-appropri-

ate, bias-free information, while allowing

parents to opt their children out of the

instruction. The bill ensures that sex edu-

cation programs provide students with the

necessary information to help them pre-

vent sexually transmitted diseases and

unintended pregnancy, and to foster

healthy attitudes about sexuality.

Joe Lewbin

By ELAINE ELINSON ~

he ACLU-NC lost a tireless advocate |

and a dedicated volunteer with the |

death of Joe Lewbin on January 21.

Joe came to the ACLU-NC office to vol-

unteer in the mid-eighties, after he retired |

from teaching social studies and history in |

San Francisco junior high and high schools.

He was irate about the Reagan administra-

tion's turning the clock back on civil rights,

the illegal funding of the contras in

Nicaragua, and the

repressive immigration

bills pending in Congress.

He wanted to fight all that

- and he figured the

ACLU was the place to

come.

Joe became a main-

Sig iim tine Pulollke

Information Department,

monitoring the daily

newspapers for civil liber-

ties issues and helping us

maintain an up-to-date

research library that was

used by staff attorneys,

interns, researchers and

reporters. Joe would

come into the office every Tuesday and clip

stories from the NY Times, the Chronicle,

the Oakland Tribune, and the LA Times -

creating a valuable clipping library for the -

AGLU, long before the Internet.

Joe loved this work, he said, because

he got to read all the papers, and he clipped

just as much for himself as for our files. |

"The U.S. is still meddling in Central

America," he would mutter, scissors in

hand, or "Have you read this book review of

Daniel Goldhagen's Hitler's Willing

Executioners? Do you think

Americans would be as complacent as the

ordinary Germans?" Or

Ashcroft has done now, I'm saving this one."

Likely as not, Joe would write an eloquent,

persuasive letter to the editor or convince

someone else to.

Joe had so many friends at the ACLU -

he was loved by all the Complaint Desk vol-

that |

"Look at what |

unteers and by the staff. He fostered spe- |

Joe Lewbin monitored the

press for the ACLU-NC for 15

years.

cial relationships with us all: he loved to

talk about long-distance cycling, backpack-

ing, Yiddish music (he was a member of the

Jewish Folk Chorus for 82 years), his chil-

dren and retirement, and, most of all, poli-

tics. He loved to engage one of us in the

lounge to tell us whether or not he agreed

with the latest ACLU policy (you could nev-

er be sure with Joe!).

That is why we all miss him so much.

His optimism, his righteous anger, his total

commitment to the ACLU, his opinions, the

tales of his amazing bike

treks, his Yiddishkeit, his

ink-stained fingers.

Joe's wife Joyce, his

three children, family

and friends held a cele-

bration of his life at his

home in San Rafael on

February 15, the same

day that millions of peo-

ple around the world

marched against war

from Barcelona to

Capetown, from Tokyo to

London. It was a perfect

day to celebrate his peace-

LisA MALDONADO

loved this

protest. Joe would have loved being in the

crowd of people of all colors and all ages

("Look for me - I'm the one with the white

beard," he would have told us all in the |

office as he rallied for us to be there...or

else!) and he would have loved coming into |

the ACLU the next Tuesday to ask us all (c)

what we thought of this speaker, of that |

contingent, of the police estimates, and the |

media coverage.

The newspapers are piling up, and the

ACLU-NC office seems very empty without

Joe. So will the next peace march, the next

death penalty vigil and our next Bill of |

Rights Day Celebration. But Joe always |

pushed us to be activists, to read and think,

to fight against repression. On this arduous

journey for justice and peace, he will

always be by our side. i

Elaine Elinson is the former public

information director of the ACLU-NC.

loving spirit: he would have |

worldwide (c)

SB 2 (Burton-D), Prohibits the execu-

tion of the mentally retarded. Sponsored

by the ACLU and California Attorneys for

Criminal Justice, SB 3 implements the U.S.

Supreme Court decision in Atkins by estab-

lishing a pretrial proceeding to determine

whether a capital defendant is mentally

retarded. A pretrial determination ensures

that the jury is not prejudiced by hearing

the facts of the case before being asked to

determine whether the defendant is men-

tally retarded. It may also save the state the

costs of an unnecessary capital trial.

SB 1 (Speier-D) Protects financial

privacy. Even after thousands of letters

poured into the Capitol and the major

| newspapers took strong editorial positions

in favor of last year's financial privacy bill,

| tireless industry lobbying led to its defeat

on the Assembly Floor. This year, Senate

President John Burton has agreed to co-

author SB 1 and supporters are looking at

the fallback option of bringing the issue to

the March 2004 ballot.

This measure protects Californians'

privacy rights in their information held by

financial institutions by requiring that

banks and insurance companies get con-

sumers' permission before they share per-

sonal information with outside institutions

("opt-in"). When financial institutions

want to share personal information with

| affiliated companies or with companies

with which they have joint marketing

agreements, they would have to notify cus-

tomers that they will do so unless the con-

sumer says "no" ("opt-out").

AB 205 (Goldberg-D), Domestic

Partner Rights and Responsibilities Act

_ of 2003. This bill expands the rights and

responsibilities provided to registered

domestic partners and their families to

include nearly all the legal rights, benefits,

responsibilities, duties, and obligations

under state law currently available only to

_ improve the

_ onerous

| Governor Davis that violate immigrants'

| married couples. This will include such

_ protections as community property, finan-

cial support obligations, mutual responsi-

| bility for debts, assumption of parenting

_ responsibility,

and decision-making

authority for funeral arrangements.

AB 1012 (Steinberg-D) Parental

involvement when students are ques-

| tioned at school. Sponsored by the ACLU,

_ this bill requires that before police question

an elementary school child at school, a par-

| ent should be asked permission. Where

| police seek to interrogate secondary school

_ students, the student should be advised

| that he or she has the right to have a parent

or member of the school staff present.

Our Constitution protects the rights of

_ Americans, young and old, to refuse to

_ answer questions of the police. However,

children are being subjected to police ques-

_ tioning at school without knowing that they

have the right to refuse to talk to the police.

If the situation is serious enough that the

| police are involved, parents must have an

opportunity to decide what is best for their

elementary school children. In addition,

AB 1012 makes it clear that students may

have a parent or trusted adult present dur-

ing questioning by police.

SB 60 (Cedillo-D) Immigrants'

Driver's Licenses. By allowing immigrants

who are in the process of applying for legal

status to obtain driver's licenses, SB60 will

safety of our roads.

Furthermore, undocumented immigrants

_ will be more likely to report accidents -

and ensure that unsafe drivers are identi-

fied - when they don't fear repercussions.

Last year, this bill was bogged down by

amendments requested by

rights. This year, labor unions and immi-

_ grants' rights organizations have joined

forces to ensure that the bill improves pub-

lic safety and does not discriminate.

To our members...

coupon ( or attach g

ACLU News = Maren - Apri 2003 " Pace 3

ACLU-NC Privacy Policy

to describe complicated legal and political issues in ways not possible in other

media. They enable us to explain, in detail, the benefits and provisions of the

Constitution and the Bill of Rights, the complex ways our rights can be protected in the

modern world, and the costs of preserving those rights. We use the mail to inform peo-

ple of the importance of our legal work and to solicit funds that enable us to continue

our litigation, public education and legislative lobbying. .

Sometimes, as part of our member recruitment program, we exchange or rent our

list of members' names to like-minded organizations and publications.

The ACLU never makes its list available to partisan political groups or those whose

programs are incompatible with the ACLU's mission. Whether by exchange or rental,

the lists are governed by strict privacy procedures, as recommended by the U.S. Privacy

Study Commission. Lists are never actually given into the physical possession of the

organization that has rented them or exchanged for them. No organization ever pos-

sesses our list and no organization will ever see the names of the members on our list

unless an individual responds to their mailing.

While direct mail appeals - under strict privacy `guidelines - a the basis of our

new member acquisition program, and are key to our growth, we understand some

members do not wish to receive solicitations from other groups and we a honor

requests from our Ts to be a from the ee

D irect mail appeals to our members and the general public provide opportunities

Ifyou do not wish to receive onainals ke other organizations, pleas complete this

Groups Call

for Police

Reform in

Sacramento

ta City Council hearing in Sacramento

on February 14, the Sacramento

NAACP, the Mexican American Legal

Defense and Educational Fund (MALDEF),

and the ACLU of Northern California called |

for major policy changes following the

release of the second Sacramento Police

Department (SPD) report on racial profil-

ing. The data this year, like last year's,

shows dramatic disparities in how African

American and Latino motorists are treated

when compared with white motorists as

well as significant underreporting of stops

and searches by SPD officers.

The groups called for reforms includ-

ing the adoption of a clear definition of |

racial profiling, clear audit mechanisms,

to accept a flawed the conclusions of USC

Professor Howard Greenwald, who has

sought to explain away dramatic dispari-

ties in how African Americans and Latinos

are treated.

Justice for

expansion of the department's data collec- |

tion program, and a decision from SPD not |

Sonoma

High

Protesters

hanks in large part to the efforts of |

Sonoma Chapter and all the members (c)

who wrote and called the School Board, the

suspensions of 50 Petaluma High School

Students who walked out of school to

attend an anti-war demonstration have |

been expunged. The ACLU of Sonoma |

County wrote the school board, pointing -

out that suspensions should not be meted |

out for a first offense, and that the students -

may not be punished for exercising their

First Amendment rights.

Protesting `Special

Registration'

smen from a list of mainly Middle

Anse countries were ordered

to register with the Immigration

and Naturalization Service or face

arrest, detention, or deportation, human

rights and community groups including

the ACLU mounted vocal protests. On

February 21, at one of a series of demon-

strations outside the San Francisco INS

office, ACLU-NC police practices policy

director Mark Schlosberg spoke out

against the discriminatory "special reg-

istration" program. As well as urging

Minority House Leader Nancy Pelosi to

call for Congressional oversight of the

program, the ACLU coordinated a letter-

writing campaign from outraged north-

ern Californians to their Congressional

representatives. For more information on

the program visit www.aclunc.org/

911/021219-alert.html

- Gigi Pandian

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-Kensing-

ton) 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)

479-173]. 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

one mes cum mm A

ca

as

ELE LE EE EE

For more information about

deadlines for registration, go to

www.aclunc.org/911/021219-alert.html.

ree

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

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. at the Redwood Peace and Justice Center in Arcata.

Please contact Roger Zoss: rzossmymailstation.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

ARCHULE

| SALA RIA 2

Roe v. Wade Turns 30

sion that legalized abortion across the United States, the ACLU-NC threw Roe v.

Wade a birthday celebration. Along with 25 other organizations, we sent an

open letter to California's Congressional delegation urging them to safeguard the cru-

cial protections guaranteed by Roe. "With your help," we told our elected officials, "our

granddaughters may mature in a nation that respects their freedom, not one that

offers only the stunted choices and unconscionable risks of earlier generations."

The ACLU-NC and Planned Parenthood Golden Gate (PPGG) held a press confer-

ence to release the letter, celebrate the court decision and warn of looming threats to

Roe. Pictured here (1-r): Dr Alan Margolis, former professor of medicine at UCSF; Dian

Harrison, executive director, PPGG; ACLU-NC staff attorney Margaret Crosby; and Dr

Phil Darney, professor of obstetrics, gynecology and reproductive sciences at UCSF. -

The day before the press conference a host of reproductive rights supporters met

with policymakers in Sacramento at the California Coalition for Reproductive Freedom's

annual Lobby Day. Margaret Crosby was also honored by the medical community for her

outstanding contributions to reproductive freedom. To read more about the anniver-

sary, Visit www.aclunc.org/opinion/030127-roe.himl. To act to now protect repro-

ductive freedom, visit www.aclu.org and hit "Take Action."

QO n January 22, 2008, the 30th anniversary of the historic Supreme Court deci-

Gc! PANDIAN

Re ae

Student Roundup...

Continued from page |

at Logan High School who were included in

the roundup, as well as on behalf of stu-

dents who might be subjected to similar

treatment in the future. The lawsuit is

seeking a permanent injunction that will

| office (1663 Mission Street, Suite 460). Call the |

Chapter hotline: (415) 979-6699.

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

events, contact acluscvhotmail.com or visit

www.acluscv.org.

Santa Cruz County Chapter 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 Reorganizing

Contra Costa/Mit. Diablo: Meeting on Monday March

31 at 7 p.m. at the Rainbow Community Center, 2118

prevent school officials and the police from

engaging in the kind of conduct that

occurred on February 22, and asks the

court to issue an order requiring school

officials and the Union City police to

expunge any files created as a result of the

roundup and return the photographs they

took that day. mi

Willow Pass Road, Suite 500, in Concord. Contact Lee

Lawrence at (925) 376-9000 or leehelenalawrenceya-

hoo.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 for information about regular monthly meetings

beginning in April.

Napa: Meet the first Thursday of the month; meeting on

Thursday, April 3, at 7 p.m. 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.

ACLU News = Marcu - Aprit 2003 " Pace 4

of Northern California

x KEEPING AMERICA SAFE AND FREE *(R)

`Tue Bit oF Ric

CONSTITUTION WOULD ONLY

PROMISES IF PEOPLE DID NOT FIGHT TO

PROTECT THEM. THE AMERICAN CIVIL

Liver ries UNION [acLul is THE ONLY _

NATIONAL ORGAN ( DICAT

"TO DEPENDING AND EXPANDING cm

LIBERTIES FOR ALL. Cs

THe ACLU of NortHern

CALIFORNIA WAS FOUNDED DURING

THE GENERAL STRIKE IN 1934, AND

TODAY IS AT THE FOREFRONT OF EVERY

CIVIL LIBERTIES BATTLE IN THE STATE.

THROUGH DIRECT LITIGATION, PUBLIC

EDUCATION, LEGISLATIVE ADVOCACY

AND GRASSROOTS ORGANIZING, THE

ACLU-NC PROTECTS CIVIL LIBERTIES

IN THIS REGION OF THE COUNTRY.

CONTENTS

Introduction

_ Program Highlights

Racial Justice (c)

Gay and Lesbian Rights

First Amendment

Criminal Justice

Technology and Liberty

_ Reproductive Freedom

-te-`i- MK Language: Rights

10 Safe and Free

Ss `Campaign

_ 12 The Howard A.

Friedman First

Amendment Project

13 ACLU in the Field

/4 Communications

1S Legislative Review

76 Thank-you to our

Donors

20 Development and

Financial Report

(c) NOG be N

SAFE AND FREE

ANNUAL REPORT 2002 -

Editor. Rachel Swain

Design: Underground

_ Advertising

Printing: Howard Quinn

Printers

Program Assistant: _

Gigi Pandian _

. Cover Photographs:

2 QO QO o) was a year of daunting challenges, but a year

of which all ACLU members can justly be proud.

As the Bush administration continued its relentless o

; Dorothy M. Ehrlich

march over civil liberties, trampling the rights of innocent ee ee

immigrants, eroding the principle of open government, and

SUSANA MILLMAN

employing new technologies to invade Americans' privacy, the

ACLU rose to the challenge.

Never afraid to speak out, we urged that new measures

Margaret M. Russell

meet a basic standard: Will they make us safe, and can they

keep us free?

CATRINA ROALLOS

The national ACLU launched an unprecedented

$3.5 million campaign, incorporating advertising, grassroots

mobilization, legislative advocacy and litigation. Involving

affiliates and chapters across the nation, the Safe and Free Quinn Delaney

campaign helped the ACLU recruit allies and score victories.

It brought 90,000 new members to our door in 2002, with the

Northern California affiliate recruiting more card-carrying

CATRINA ROALLOS

members than any other in the nation.

Here in northern California, this campaign is truly a multi-disciplinary effort. Field staff and activists

organized local communities to pass resolutions opposing the USA Patriot Act. The legal team successfully

challenged a law that discriminates against immigrant airport screeners and sued a major airline for refusing to

allow a passenger to fly because of his race. The communications department found new ways to engage the

public and media, and youth advocates with the Friedman Project mobilized students on college campuses.

Meanwhile, our commitment to other issues did not waver. Faced with a federal government hostile to

choice, we secured the passage of landmark legislation that writes the principles of Roe v. Wade into the state

constitution. We carved out new territory in the emerging field of cyber-liberties, scored crucial First

Amendment victories, and intensified our efforts to protect gay and lesbian students in California's public

schools. The Racial Justice Project made strides in its campaigns to end racial profiling and ensure equitable

access to education for all of our children.

It has also been a year of change inside the ACLU-NC. After three years as a brilliant and energizing

chair of the board of directors, law professor Margaret Russell came to the end of her tenure this year. We are

honored to welcome Quinn Delaney, President of the Akonadi Foundation, as our new chair. Quinn has been

an integral part of the ACLU-NC for 15 years, most recently as chair of the development committee, which she

infused with inspirational leadership.

We do not expect our challenges to ease in the year ahead. As the war in Iraq unfolds, we must exercise

extra vigilance to protect civil liberties and demonstrators' rights. We will also face a struggle at the ballot box to

defeat Ward Connerly's divisive "Information Ban" initiative, which would hamper efforts to stamp out discrimination.

Yet the ACLU is entering the year stronger than it has ever been, with an invigorated staff, a dedicated

board of directors, and a growing base of committed activists and donors. We thank you for your support in

2002 and hope you will continue to stand beside us in 2003, as we embrace the many challenges before us.

Sincerely,

Anes, h. -

Dorothy Ehrlich

Executive Director

ACLU-NC STAFF AND INTERNS:

he ACLU of Northern California works on

the frontlines of all California's major civil

liberties battles, championing freedom and

responding to abuses wherever they occur.

In 2002 we focused our efforts on address-

ing the sweeping challenges posed by overly

restrictive measures taken in the name of

national security. Meanwhile, we continued

to wage campaigns in six areas that are of

paramount importance in this region today:

racial justice, criminal justice and police

practices, technology, reproductive freedom,

gay and lesbian rights, and language dis-

crimination. In each of these areas, we seek

to maximize our effectiveness by integrating

the ACLU-NC's expertise in litigation,

public education, grassroots organizing and

legislative advocacy.

From freedom of expression to tenants'

rights, our legal team handles close to 60 cases

a year with the leadership of Legal Director

Alan Schlosser. Our staff counsel, Michelle

Alexander, Ann Brick, Margaret Crosby, Robert

Kim, Katayoon Majd, Mark Schlosberg,

Jayashri Srikantiah and Jonathan Watkins,

were joined by Skadden Fellow Chris Tan for

part of this year, and were assisted by Frances

Beal, Angela Wartes and Cynthia Williams.

Our many victories this year, as always,

were made possible 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 commit-

We thank the following firms and individuals who donated services during 2002. Your hard work and

commitment are deeply appreciated by all the ACLU community.

Fred Altschuler

Christian Anderson

Michael Anderson

Megan Auchincloss

Roy A. Austin, Jr.

David Berger

Stephen Berzon

Jeffrey L. Bleich

Robert Bonta

Steven Bundy

Kyra Busby

Thomas R. Burke

Chris Byers

Renee D'Agostino

Margaret de Guzman

Ken Easter

John Eichhorst

Daniel Eligator

James Emery

Linda Foy

Simon Frankel

David Fried

Clifford Gardner

Warren George

John Hansen

Annette L. Hurst

Michael Jacobs

Kathy Kahn

Michael Kass

Stephan Klein

Cassandra Knight

Karin Kramer

Matthew Kreeger

Scott Kronland

Martha La Rosiliere

Mark Le Forestier

Kevin Lewis

Morris D. Lipson

Jack Londen

Kay Lucas

Karl Manheim

Steve Mayer

Amy E. Margolin

Millicent Meroney

Robert Mittelstaedt

Kathleen Morris

Edward B. Mullen

Roger Meyers

Leonard Oldwyn

Mark Perenes

Susan M. Popik

Steve Presson

Kym Proctor

Lawrence F. Pulgram

Michele Rose

Jeffrey Ross

Michael Rubin

Robert Rusky

Daniel Russo

Ethan P. Schulman

Amitai Schwartz

Brad Seligman

Erik Silber

Lisa Sitkin

Eric M. Stahl

Jennifer Starks

Jon Streeter

Grace Suarez

William Bennett Turner

John Van Loben Sels

Peter Wald

Jonathan Weissglass

Leecia Welch

Michelle Welsh

Stacey Wexler

Mark A. White

Doug Young

Altshuler, Berzon,

Nussbaum, Rubin

Demain

Chapman, Popik

White

ted team of volunteer counselors who monitor

our complaint hotline daily.

Although we cannot detail all of our activ-

ities here, what follows are highlights of the

program's remarkable efforts to defend liberty

in 2002. A full copy of our legal docket is

available online at www.aclunc.org.

Davis Wright Tremaine

Farella, Braun and Martel

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

Nossaman, Guthner,

Knox and Elliot

Pillsbury Winthrop

Rogers, Joseph,

O'Donnell and Quinn

Law Offices of Amitai

Schwartz

Steinhart and Falconer

Stoner, Welsh and Schmidt

Weinberg and Wilder

Wilson, Sonsini,

Goodrich and Rosati

Al Huang |

Joan Lewis

Kay Lucas

ACLU-NC

A s the most diverse state in the union, -

California is the face of the new United

States. But this diversity has sparked a back-

lash, with a succession of divisive ballot initia-

tives rolling back the rights of immigrants and

people of color. Refusing to allow reactionary

forces to shape the agenda, the ACLU-NC's

Racial Justice Project (RJP) crafts proactive

strategies on racial justice issues. The Project

has set its sight on two core goals: securing equal

access to education in California's schools, and

building on its high-profile "Driving While

Black or Brown" (DWB) campaign challeng-

ing the discriminatory practice of racial profil-

ing. Project Director Michelle Alexander left

the ACLU in May, leaving the Project in the

capable hands of attorneys Katayoon Majd,

Mark Schlosberg and Jonathan Watkins, with

assistance from Fran Beal.

THE QUEST FOR

MEANINGFUL DATA

Collecting data on police traffic stops is an

essential tool in curbing the insidious practice

of racial profiling. Although our efforts to pass

a statewide bill mandating data collection fell

victim to Governor Davis' veto pen in 2001,

more than 60 police departments across the

state voluntarily agreed to collect data.

As departments amassed information, we

began working with agencies around the region:

to address how to analyze the data, to rebut

inaccurate analyses, and to pursue concrete

steps to reform.

For example, one year after the San

Francisco Police Department (SFPD)

was scheduled to issue a full analysis

of traffic stop data, no report was

forthcoming. That's when the

ACLU-NC stepped in. We

analyzed the full first year

of data collected by the

SFPD and released a

report that details disturb-

ing disparities in how officers

treat African American and

Latino motorists.

The report spurred the Police Commission

to direct the Department to adopt a strong

new policy prohibiting racial profiling. The

Commission is also considering banning

consent searches (the practice of searching

people after obtaining their consent, even

without any reason to believe they are involved

in criminal activity).

HISTORIC SETTLEMENT

IN PROFILING SUIT

In a major victory for the RJP, a landmark

settlement in our profiling suit against

the California Highway Patrol (CHP)

early in 2003 will lead to sweeping

reforms. As well as becoming the first agency

in the nation to ban consent searches, CHP will

Sac annan REPORT 2002 ACLU-NC

end pretext searches (the practice of using

minor traffic violations as an excuse for stop-

ping and searching a car) in drug enforcement

operations, and hire an internal auditor to

review traffic stop data.

The suit, Rodriguez et al. v. CHP, began when

two Latino attorneys driving through the

Pacheco Pass area of San Jose noticed five CHP

stops within ten miles. All the stopped drivers

appeared to be Latino. As Arturo Hernandez

photographed the stops, Curtis Rodriguez

focused on obeying the traffic laws. Nevertheless,

they were pulled over, and their car was searched

without their consent.

Latinos are approximately three times as

likely to be searched by CHP officers than

whites in the Central and Coastal Divisions,

and African-Americans are twice as likely,

according to data obtained during discovery.

SEEKING JUSTICE IN

CALIFORNIA'S SCHOOLS

Almost a half-century after the Supreme

Court's decision in Brown v. Board of Education,

California's schools are still separate and unequal.

Students of color and low-income students are

much more likely than their peers to attend

schools characterized by untrained teachers, inad-

equate textbooks, and decrepit facilities.

Spurred by this civil rights crisis, ACLU-NC

has joined a coalition of groups in launching a

multi-year effort to secure the promise of

educational opportunity for all. As well as

working to implement some of the best

provisions of California's new Master Plan for

K-12 Education, the coalition is shining a light

on the inequities of the recently-adopted

High School Exit Exam (HSEE).

Beginning in 2004, students

must pass the HSEE if

they are to graduate - a

condition that places an

unfair burden on students of

color and low-income

students in

failing schools.

The coalition

is organizing

students, parents

and teachers to pressure

the State Board of

Education to delay the

__KATAYOON MAJD

high-stakes consequences

of the exam until every

student is given a fair

chance at passing

the exam. The

This new ACLU-NC report was distributed to

policymakers and opinion leaders in the spring

of 2002. It details our landmark "Driving While

Black or Brown" (DWB) campaign and outlines

the road to reform.

ACLU-NC's partners in this campaign are

Californians for Justice, Justice Matters and

Public Advocates.

Meanwhile, Williams v. State of California,

the first educational equity lawsuit aimed at

ensuring students access to certain basic learning

tools, is headed for trial in November 2003.

Filed by the ACLU affiliates of Northern and

Southern California and several public interest

law organizations, the suit charges the state with

reneging on its duty to provide all students with (c)

equal educational opportunity.

CHALLENGING CONNERLY'S

"INFORMATION BAN"

First, he brought us Proposition 209. Now,

affirmative action foe Ward Connerly is back

with a new ballot initiative for March 2004.

This time, his proposal would stop the state

from tracking or monitoring discrimination.

Dubbed the "Information Ban," Connerly's

initiative would prohibit state and local agencies

from compiling data on race and. ethnicity. If

passed, it would hamper efforts to fight public

health problems like teen smoking and asthma,

and would make invisible our successes-and

failures-in stamping out discrimination.

Along with a broad array of healthcare,

education, and civil rights advocates, ACLU-NC

forged The Coalition for an Informed California

(www.informedcalifornia.org) to fight this

dangerous proposal. We organized, raised

funds, held news conferences, and set the wheels

iN motion to mount a winning campaign.

Students, teachers, parents and advocates marched in

Sacramento at a "State Accountability Day" in June, where

they called on the State Board of Education to delay the high-

stakes consequences of the High School Exit Exam.

GIGI PANDIAN

le ACLU-NC''s battle for gay and lesbian

rights advanced on three key fronts this

year: addressing acts of violence and bias-related

incidents in California's public schools, support-

ing the rights of gay and lesbian couples, and

lobbying in Sacramento for expanded domestic

partner benefits (see page 15). While our legal

team and our Sacramento staff helped score

notable victories in the courts and the legislative

etsy IL

group to help address discrimination and assess

how the settlement is working.

Loomis is far from alone. In Flores v. Morgan

Hill Unified School District the affiliate is

representing six gay and lesbian students who

were subjected to vicious and humiliating

abuse during high school. The case is now

before the Ninth Circuit on the defendants'

appeal of a lower court ruling rejecting school

ACLU staff and activists support the freedom to marry at San Francisco's Gay Pride celebration.

arena, the Howard A. Friedman First Amendment

Education Project expanded its groundbreaking

program of "Safe Schools" trainings in rural and

urban public schools (see page 12).

LANDMARK SETTLEMENT IN

SCHOOL HARASSMENT CASE

As a student at Golden West High School in

Visalia, George Loomis faced unrelenting anti-

gay harassment from his peers - and even from

his teachers. He was called names, spat on and

ridiculed. When he confronted school adminis-

trators, they did nothing. So Loomis teamed up

with the ACLU-NC, the ACLU Gay and

Lesbian Rights Project, and the youth-led Gay

Straight Alliance Network (GSAN) to sue the

Visalia School District.

On August 13, the ACLU and the school dis-

trict announced an historic settlement in the

suit. The School District agreed to adopt far-

reaching reforms to protect the rights of gay and

lesbian students, including a groundbreaking

training program designed to prevent harass-

ment in schools before it starts. The settlement

requires mandatory training for all high schools

students and for staff at all of the district's

schools. The district must also adopt policies

explicitly forbidding staff or student harassment

or discrimination based on sexual orientation,

name "compliance coordinators" to help parents,

students and teachers with incidents of discrimi-

nation, and establish a community advisory

officials' claim that they could not have been

expected to know that it was wrong for them

to ignore the cruel treatment suffered by

the plaintiffs.

SPEAKING UP FOR

TEACHER ADVOCATES

Like many schools, San Leandro High

School has a history of intolerance and

harassment with respect to students of

color and lesbian, gay, transgender or

questioning youth. Karl Debro, a teacher

at the school, would not stand for it. An

outspoken advocate for tolerance, Debro's

efforts to mitigate the hostile environment

at the school drew the ire of some parents,

who mounted a campaign to force Debro and

other teachers to refrain from "promoting

homosexuality." When Debro allowed his

students to discuss the campaign in the

classroom, parents complained, and a letter of

discipline was placed in his file. Debro filed

suit and obtained meaningful changes at the

school as a part of a settlement.

But the lower court ruled that the

superintendent who disciplined Debro was

entitled to qualified immunity on Debro's claim

for First Amendment damages - without

settling the question of the degree to which a

teacher's right to speak in these circumstances

is protected. The ACLU-NC, together with

the Lambda Legal Defense Fund and the

GSAN filed an amicus brief with the Ninth

Circuit Court of Appeal arguing that the First

Amendment protects Debro's comments. The

case settled, resulting in a significant damages

award for the teacher.

FREEDOM TO MARRY

Currently, same-sex couples cannot marry

anywhere in the United States - and therefore

do not have access to thousands of state and

federal laws that provide protections and define

responsibilities for families through civil

marriage. Domestic partnership registration

provides same-sex couples with access to less

than one percent of the laws that exist to

protect married couples.

In an effort to build and support a strong

movement for marriage equality, more than a

dozen California organizations, including the

ACLU-NC, formed the California Freedom to oy

Marry Coalition in 2002. Coalition members a

include legal, activist, religious, and family

organizations, working together to develop

and implement a multi-faceted strategy for

winning and retaining the right to marry in

California. In addition to the hard work

involved in organizing, the coalition

worked on educating the public on the

need for all Californians to have the

right to marry, and developed long-

term plans for future action.