vol. 71, no. 4

AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA

lj. FR EE 0-0

MO CAN T EPROLECT Pisetief

hews

Pe

VOLUME LXXI ISSUE 4

Vote in the ACLU-NC

Board Election

Despite Setbacks

Brown v. Board Lives On

Sacramento

What We Do in

The Latest on

Government Spying

GOV'T SURVEILLANCE CAMERAS

THRIVE WITH NO SAFEGUARDS

ACLU-NC's recently released report "Under the

Watchful Eye" warns of the impact of California's

video surveillance systems on civil liberties

and public safety.

ey het cae em TC

of NORTHERN CALIFORNIA

By Stella Richardson

A public records survey done by the ACLU disclosed that

even though 37 cities have some type of video surveillance

program and 10 are considering expansive systems, none has

conducted a comprehensive evaluation of the cameras' effec-

tiveness. Only 11 police departments have policies that even

purport to regulate the use of video surveillance. The ACLU

sent Public Records Act requests to 131 jurisdictions statewide

and received responses from 119 cities.

valifornia cities are moving quickly to install video surveillance

cameras on public streets and plazas without regulations, with little

or no public debate, and without an evaluation of their effectiveness,

according to an ACLU report released in August.

In the last two years, the Department of Homeland Security

has made more than $1.4 billion available to cities for anti-

terrorism projects. This funding, along with rising homicide

rates and aggressive marketing of security systems by private

companies, has led many cities to approve and install surveil-

lance camera systems. The ACLU is urging local governments

to pause and consider whether this is the best way to make our

cities safer, given its negative impact on civil liberties.

CONTINUED ON PAGE 9

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STRUCTIONS F

lea 106 tim aly Sen bolle Cee Gee her

Cast 1.UU Timely ferurnea Dalors from Our memoers.

`To help you assess this year's candidates, we're including brief starements submir-

The candidares are listed in alphabetical order. We have 10 candidates running to ted by the candidates (see page 4). also indicated below how they were

fill 10 vacancies on our Board of Directors. You may vote for up to 10 candidates. nominated.

SS SS SS ee eS SS SS ae "T

| Please vole by marking one square next to each candidate

you support, |

You may vete for up to 10 candidates on this ballot Joint member:

- use both squares],

and

eo a

| Please clip and send along with your address label to: |

| Elections Committee |

ACLU of Northern California

| 39 Drumm Street |

Sen Preece, Of OE

Ballots must be received by noon on December 13, 2007

2 | ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF

ibis a grear honor and privilege to be nominated to se

NIC. | have served as the Af

As an

wordan and executive director of an organiza

a Board merober of the ACLU

firmative "psince 2005. Afvican American

Ane Sy

fON SCTY

aware of a he

orved, disach

work of the ACLU-NC to protect and uphold the ci huis that are guaranteed under

the Constirutien of the United Srares and to continue co work row a increasing board

diversiry

Norninated by: ACLU-NC Board of Direc

PARAM BRELVI

As a longtune member and si

honored to be nominated to the Bo:

i Board member.

eo

its

spective of an euro ADC Hence'

advocate and a litigator to the vital our bill

eae

of sights. 1 a served on Amnesty Internationals na-

tional Board, fighting for civil rights in a global context. Pm

a founding member of Muslim ares res; we WOrk To ensure

that Muslims can, and do, fully participate in American public life. Asa lidgater in NYC,

I fought the discriminatory hiring and promotion practices of an / oe hre department

be a privilege to bring my

in one of the nation's longest-running consent decrees. Tt we

rience to the ACLU.

AC LU-NC Board of Directors

energy and expe -NC board.

Nominated by:

Incumbent: No

KAREN CARRERA

Lam qualit

Ty :

ed to be on the Board of the ACLU of Northern

tor the following fessons:

[ My ee te the protection of our Consticutional

Bil of Rights;

eae nance bilingual and bi-cuitural woman,

i ea NGS

and a mother of two, | bring diversity to the ACI

Board of Directors;

3. My backers

ound as a Deputy City Attorney in the $F City Attorneys Office heips me

understand ACLU decisions r ng litigation and policy;

My current, as well as former, legal practice of representing low-income Latino im-

migrants and workers in laber and employment matters allows me to assist che Board in

considering and being more sensitive to issu

ACLU-NC Board of Dis

es that atfect immigrants and La

Nominated by: Ws

t: Yes

lncumbe

ISTY CHANDLE

As a San Francisco public defender, and now in my own

tantly reminded of the

2

criminal defense practice, | am ce

overreaching BOVCTRIDED es

consequences of an unchecked,

i

erosion of civil right:

Boss

Each case involves a fight

aga inst

ae

?

Hie's work,

a fight to which I have dedicated my Before

becoming a lawyer, | was an advocate for improved policies

concerning women's `gpiedicue heaith issues. To be able to

address these critical issues as part of the Board of the ACLU-NC is an enormous privilege

and an exciting challenge. [ hope te join the ACLU in its important work protecting the

freedoms that are the bedrock of our democracy. | am passionate about the goals of the

U

Nominated by: ACLU-NC Board of Directors

, and respecthully request your vote to continue this work.

ae

Incumbent: Ne

U for close to 40 years, from seeking their assistance

nsidered to be a discriminatory school pelicy, to serv-

the OF

S " eee my %

Bk, gisiative Policy (loramittee. Mast rece "nl Ay) i Nave

cutive Committee, the Finance oD nittee

ing On tne

ficer Nominating Cae rire:

served as the Chair of the Legislative Policy Committee and the Personnel Commi

Tice, 25

well as being a member of the Finance and Executive Committees. My commitment to

the ACLU-NC grows stronger each year, and | am proud to be able to assist in the defense

of fr

edom, human rights, and civil liberties in this time of such enormous threat.

iby: ACLU-NC Board of Directors

incurnbent: Yes

Norainatec

L

ylar who specializes in constitutional law, | am

nges we face in protecting civil rights and

em

berries today. In rec

ent years, we have seen "

sewer and em wernment secrecy, and

i ee aa

ai STANCES in Tae wor

ntal in undoing this

honored to be noroinared for a second term on

California. ne serve on the Board's Excourive Committee and =

and ey your support, | look and torwa

APC if OUISSION.

fES Dnports

ued by: ACLU-NC Board of Directors

t Yes

IREZ

ate rey Ww ne

Personal

is an

specializes in the areas

mination. He:

yent Disc i fyorn ws ae and

co for the last 25 years.

the San Brame La Raza Lawyers on four difference occasions, at

and has practiced in San Franci

He has worked as an activist for che United Farm Workers, has served as pre

nd currently serves as

chair of the La Rava Comme hey one Center in San Francisco.

i aro eneiae TO conrin ACLU srands for and | arr

secking your support to this ae

challe

Nominated by: /

nges that lie aheac

CLULNC Board of Directors

ISSUUCS afel

lncumbenr: Yes

yabh most productive of all the

es, TL continue to be amazed at a scope and quality of

as well as the talents of the staff. Alchough we are

ethe end of 7 nat might be considered

civil Eberrik

s, the fight is far

must continue to be vigilant. As a drug

fromm over an we

policy reform advocate, | keenly understand what it means

to have become a "surveillance sociery." That's why the werk of the ACLU-NC continues

ro be critically important, and | am deeply honored to be nominated for a second term

on the board. There is much work to be done, and I look forward, if elected, to lively

fe

CUISCUSSEONS 2

Noir

lncumbent: Yes

and healthy dissenc.

a

nated by: ACLU-LNC Board of Directors

ist the ACLU-NC%s eff

ne protections of our Bill of Rights, particularly

ei

"3 Thess wi

en our civil | series are so threatened.

Falk e

Rees OY bone advoc ACY

lam a partner at Howard BS ce Nemerovski Canady I

Rabkin, and have engaged in extensi

and Beard work fal: on the defense of Constitutional

tights. | also will bring to the Board my commitment to

strengthening the public sector.

Office of the Chief of Staff, a

program.

My experiences include serving in the White House

ssisting in the start-up of the AmeriCorps national service

working for L

SE outh Africa and designing community service programs

SAID: in South Africa and designing community service programs

in partnership with HUD. Thank you for your consideration.

Nominated by: ACLU-NC Board of Direc

Incumbenr: No

LOTS

KEN SU

eae

ke MS THe SUD

A

excited te be nominated for Board mermber lama

Sones,

sprer of the ACLU, and dee

In ae I was Vice-President of the A ACL U'se

itS WOFK,

i

nded the Rhoce

pus c hapten. ar

ool | srarted a civil Liber-

meetings. In my fi

ties group and also volunteered for the Connecticut ACLU.

the ACLU-N

and then joined its Racial Justice Project as an attorney for a one-year fellowship. Since

2002

week

After law school, | did volinreer work for

"3

,including

3

| have represented employees in employment and wage and hour matters

discrimination cases and class actions. | am ready to marshal my experiences a skuls to

help the ACLU-NC grow stronger than ever

orainated by: ACLU-NC Board of eee

Incurnbent: Yes

ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF

support needed for this work.

Julian Kendell Holmes, fifth-grader from

Live Oak School, took this occasion to learn

more about the ACLU for his presentation

at an assembly on Human Rights.

PHOTOS: MICHAEL WOOLSEY

4TH FRONTLINE ATTORNEY RECEPTION

HOSTED BY BINGHAM MCCUTCHEN

42-member host committee and 17 law firms signed on to sponsor the Fourth Annual Frontline Attorney Recep-

tion last June 26, which was generously underwritten by host firm Bingham McCutchen. The event featured

ACLU client Charlene Nguon, a recent high school graduate from Orange County, who is challenging censorship and

unfair disciplinary action by her Orange County school district.

The ACLU of Northern California and the National ACLU Lesbian Gay Bisexual Transgender and AIDS Project

hold a reception every summer for Northern California attorneys and summer associates to highlight the ACLU's

work to protect the constitutional rights of LGBT people and those living with HIV and to raise some of the financial

Trent Norris, of event underwriter

Bingham McCutchen, Maya Harris,

ACLU-NC Executive Director, Charlene

Nguon, plaintiff, David Balabanian, of

Bingham McCutchen, and Matt Coles,

Director of the national ACLU LGBT

Rights and HIV/AIDS Project.

Charlene Nguon and attorney Natalie Nardecchia. A lawsuit filed on behalf of Nguon and the

Gay-Straight Alliance seeks to clear her record and create a district-wide policy and guidelines to

ensure that gay and lesbian students are treated equally.

MARTY KLEIN LOOKS AHEAD

By Stan Yogi

eee renowned marriage

counselor and sex therapist Marty

Klein grew up in a Brooklyn family

that encouraged the articulate expres-

sion of strong opinions. So when he

learned about the ACLU, an orga-

nization devoted to protecting free

speech, he was thrilled. Years later, to

help ensure the ACLU's long-term vi-

ability, Marty and his wife included a

generous bequest to the organization

in their estate plan

Marty's interest in sexuality, free-

dom, and justice crystallized when he

volunteered as a pregnancy counselor

at Planned Parenthood while a soci-

ology graduate student in Santa Bar-

bara. He considered contraception as a

means to reduce poverty. He soon rec-

ognized that successful contraception

use results from acceptance of sexual-

ity. That epiphany led to his 27-year

career as a sex educator and therapist.

Awareness of the politics surround-

ing family planning brought him closer

to the ACLU. "T realized that we can't

take for granted access to contraception

and accurate information on sexuality,"

Marty says. "Ihe ACLU is one of the

country's most important players in

guaranteeing those rights."

A talk in the early 1990s by national

ACLU President Nadine

cemented Marty's commitment to

Strossen

the organization. Her message about

the importance of the constitutional

system, threats to that system, and

the ACLU's critical work confronting

those threats changed his life.

Marty asked Strossen to write the

foreword to his latest book, the award-

winning America's War on Sex. She read-

ily agreed, calling him "a longtime col-

league in the civil liberties movement."

Marty has convinced colleagues

about the ACLU's significance and re-

cruited several to join. "I've been a loud

voice in promoting the idea that all jus-

tice issues are linked. Any challenge to

the Constitution is a challenge to the

entire Constitution," he explains.

Working on his estate plan, Marty

decided that a bequest to the ACLU

was a wonderful way to leave a mean-

ingful legacy. "It is a privilege to ac-

cumulate resources and give them to

an organization that will shape the

political and social world after I'm

gone," he says.

Stan Yogi is the ACLU-NC Director

of Planned Giving.

4 | ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF

SF'S WI-

FI PLAN

HEADED FOR BALLOT

A San Francisco's municipal wireless Internet plan re-

cently hit a snag, the ACLU of Northern California

reiterated its support for any system that increases Internet

access while guaranteeing free speech and privacy safeguards

for users.

"We will continue to work with city officials to make sure

that whatever new plans are put on the table, residents' privacy

and free speech rights are protected," says ACLU-NC Tech-

nology and Civil Liberties Policy Director Nicole Ozer, after

news came that EarthLink, one of the two would-be wireless

Internet service providers, backed out of the project due to

financial considerations.

`The city was in the final stages of contract negotiations with

service providers Google and EarthLink, which offered users

a choice of no-fee and paid subscription models, respectively.

City officials vowed to continue the project, which was con-

ceived two years ago, despite the

EarthLink setback and put a non-

binding initiative on the November

ballot to gather public support.

Ozer credited city supervisors

with asking hard questions dur-

ing the final stages of negotiations

about safeguards for users' privacy

and freedom of expression, regard-

less of whether they would be using

the paid or no-fee service. "It's good

that the city didn't jump to sign

an inadequate contract," she says.

"Some other cities overlooked the

need for protections in their eager-

ness to deploy municipal wireless

Internet access."

PASSENGERS ALSO HAVE RIGHTS IN UNLAWFUL STOPS

`The U.S. Supreme Court reversed the California Supreme

Court by unanimously ruling on June 18 that an unlaw-

_ ful traffic stop violates the rights of everybody in a vehicle,

and all occupants, including passengers, may therefore

- challenge the legality of the stop and any searches resulting

- fem (Brendlin 1 v, Cali lifornia).

Since many unlawful trafic stops involve police of-

_ ficers becoming suspicious merely because of the vehicle

`occupants' looks, tace or ethnicity, "the ruling means that

passengers, not just drivers, can br g civil rights lawsuits

against police officers who p

_ plained ACLU-NC Staff Av

helped draft the A LUs. ami 1S

_ Supreme Court.

it an unlayefal on Ata the stop, a an . officer Lo

a cal court | Brendlia aoved to suppress these a as C

evidence, arguing that the traffic stop was unlawful. The

trial court denied his motion, holding that Brendlin, a pas

senget, could not suppress the evidence.

The California Court of Appeal reversed the cra court,

against illegal search and seizure.

__ preme Court disagreed, stating t that

___ stitutional protection. "

_ stating that the lower

racial profiling," ex

i hael Risher, who

a filed i in the U. 5.

brutal treatment while in U.S. custody, al-Rawi was flown

Guantdnamo Bay, Cuba. He was released in March 2007

Brendlin as a parole olaion oa arrested and searched -

`The ACLU-NC asked city supervisors to press for protec-

tions on how much information is collected about you, what

you are looking at, your location, and how long the Internet

service provider retains that information and to whom it is

disclosed.

Such protections are necessary to ensure that people can

safely search for private health or financial information, en-

gage in online political activism, or search for other sensitive

information without violation of their privacy. In just the last

two years, AOL accidentally leaked the search histories of over

600,000 customers and the U.S. Department of Justice used its

subpoena power to obtain user search terms from companies such

as Yahoo and MSN.

`The ACLU-NC is reviewing the city's ballot initiative for

November. Ozer says, "While the ballot provision states that

it protects privacy, the actual wording only includes protec-

tions for user location informa-

tion and prohibits sharing infor-

mation with third parties. It does

not control the service providers'

tracking who you are and what

you are looking at or prohibit

them from using this information

for marketing or turning it over to

the government."

Ozer is hopeful, however, that

San Francisco and other Bay Area

cities will become models for

deploying systems that increase

Internet access, but do not force

community members to pay for it

with their privacy and free speech

rights.

LEGAL BRIEFS

officers to stop cars with passengers regardless of probable

cause or reasonable suspicion of anything illegal."

TWO MORE CIA RENDITION VICTIMS JOIN ACLU SUIT

Two more victims of the U.S. government's unlawful "ex-

traordinary rendition" program joined the ACLU's lawsuit

against Boeing subsidiary Jeppesen Dataplan, Inc. on Aug. 1.

The amended complaint accuses Jeppesen of knowingly

providing direct flight services to the CIA, which secretly

flew Bisher al-Rawi and Mohamed Faraq Ahmad Bashmi-

lah to clandestine sites to be tortured and subjected to other

forms of cruel, inhuman and degrading treatment.

_Traqi citizen and British resident al-Rawi was stripped,

"dressed in a diaper, shackled, blindfolded, restrained

in a harness, and flown from Banjul, Gambia to Kabul,

_ Brace Brendlin was a passenger i ina car " sopped by : o

_ Afghanistan where he was detained, interrogated, and

_ tortured at the secret US. -run detention facility known as

`the "Dark Prison" and then at the Bagram Air Base. After

_and now resides in England. No charges have ever been

brought against him.

Yemeni citizen Bashmilah was beaten and then flown,

shackled and hooded, from Jordan to Kabul, Afghanistan,

taken to Bagram. Air Base fori interrogation and torture and

held incommunicado for about six months. Bashmilah was

later moved toa CIA `black site" in an unknown country

holding that Brendlin, was also "seized" in the 1 unlawful -

tains stop, Voltng Brendlin' Fourth Amendment feet : pared" for: flight, this time to Yernen where he was held for"

who worke

. ie Jala Hi A

STUDENT WEB HOST

REINSTATED

By Ankit Rastogi

na victory for Internet free speech, the San Jose Uni-

fied School District reinstated a high school student

suspended for creating an "inappropriate Web site,"

after the ACLU sued on the student's behalf. Ruida

Su of Leland High School was allowed to return to his

school this fall after he was suspended and transferred

to another school with a significantly lower Academic

Performance Index score.

In January 2007, Su created a discussion group for a

few friends on Facebook, the popular online social net-

work. The group shared inside jokes and several lines

from the popular African-American comedian Dave

Chappelle, who made disparaging comments while

playing the character of a blind white supremacist. The

Web page created off-campus on Su's home computer

contained no obscenities or any threats or references to

violence of any kind.

After an anonymous complaint, however, school ad-

ministrators summarily decided to suspend Su, forcing

him to miss the majority of his Advanced Placement

exams in May 2007. The ACLU sued, requesting a

preliminary injunction. The San Jose school district

quickly rescinded Su's suspension.

"Internet speech, whether it is that of a high school

student or an online journalist, is entitled to the highest

degree of constitutional protection,' said ACLU-NC

Staff Attorney Julia Harumi Mass. "In this case, Ruida

created and managed the website outside of school

hours and school facilities and should never have been

disciplined by school administrators." and

Ankit Rastogi was an ACLU-NC Communications

Intern.

COURT HALTS NAPA SCHOOL DRESS CODE

Ruling that students do not "shed their constitutional rights

at the schoolhouse gate," a Napa Superior Court judge on

July 3 stopped the Napa Valley Unified School District

from enforcing Redwood Middle School's dress code (Scott

v, Napa Valley Unified School District). .

With their parents permission, students returning io

school this fall can wear clothing containing: expressive

messag- and a variety of colors and Perens. ms istrict

wihout giving parents : an n opportun nity

ticipation. _

_ Redweed Middle Schoo!' dress

ol an "American Cancer $0

_ ness pin, and T-shirts emblazonecent dD.

_ off drugs."

Issuing the orlannay injunction, `Napa `Superior

Court Judge Raymond Guadagni- cited the recent U.S.

Supreme Court decision Morse ". Frederick, 127 S. Cr.

2618 June 25, 2007). which upheld that student expres-

sion is protected if it does not "materially and substan-

tially disrupt the work and discipline of the school." Red-

wood Middle School's uniform dress code policy ` "violates

not only the students' First Amendment rights, but also

Aid ee a oe ae May 2005, he ws again pe California aS - oS of students and their | a

_explair d

attorney fr

ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF | 5

PRESERVING THE

By Maya Harris

Executive Director

uring my years in law school, I learned the elementary prin-

ciple that every law school teaches: Without context, the

law is only words on paper. History gives law meaning. To

follow the letter of the law without honoring its spirit is to lose

the flower of justice in the weeds of formalism. It's a fundamen-

tal lesson that appeared lost in the recent U.S. Supreme Court

decision striking down voluntary integration plans in the Seattle

and Louisville, Ky., public schools, Parents Involved in Commu-

nity Schools v. Seattle School District, 127 S. Ct. 2738 (June 28,

2007). Chief Justice John Roberts, who wrote the court's deci-

sion, took pains to justify his conclusion that the school districts'

plans were unconstitutional by quoting from legal briefs filed

in another watershed case about integration, Brown v. Board of

Education. 347 U.S. 483 (1954).

LEGACY

OF BROWN V. BOARD

Future Justice Thurgood Marshall (center)

celebrating desegregation in 1954.

By invoking the memory of

Brown, Roberts tried to equate

eradicate legalized

efforts to

segregation with present-day

attempts to create racially diverse

schools. Because Seattle and

Louisville used race as a factor

to desegregate their schools,

their integration plans, reasoned

Roberts, were no different from

past efforts that exploited race to

separate and exclude. "The way to

stop discriminating on the basis of

race is to stop discriminating on

the basis of race," he wrote. Plain

and simple.

too-unyielding insistence that race

cannot be a factor in instances

when, in my view, it may be taken

into account."

Kennedy's words leave the door

ajar for school districts trying to

implement integration plans that

fulfill both the letter and spirit of

Brown. Fortunately, a majority

of the justices reaffirmed that the

government has a compelling

interest in avoiding racial isolation

and achieving racial diversity in

public schools. The court made clear

that a range of affirmative measures,

including some _ race-conscious

historical

of the

context of Brown? Had Roberts

forgotten that Thurgood Marshall,

But what

The Roberts opinion twisted the spirit of the Brown decision that Thurgood Marshall

(left) and Chief Justice Earl Warren (right) fought for.

the African-American lawyer and future Supreme Court

justice who argued the Brown case, was urging the court to

breathe spirit into the letter of the Constitution's promise

of equality for all and chart a brave new course for the

nation? Had he forgotten that the crisis of segregation was

so alarming and so damaging that the court's decision would

define us as a nation? Had he forgotten that Chief Justice

Earl Warren, who penned the Brown decision, worked

tirelessly to convince all nine justices - who hailed from both

the North and South - to sign onto the majority opinion

so that the court could speak with one powerful voice in

repudiation of the archaic doctrine of "separate but equal"?

Unlike the unanimous

decision in Brown, the

court's recent decision was

bitterly divided. And it is

no wonder.

For - several `justices,

Roberts' use of Brown to

dismantle efforts to achieve

the very integration that

Brown had promised was

a distortion of the case's

unifying legacy - a "cruel

irony,' Justice John Paul

SCHOOLS Stevens wrote in dissent.

"The chief justice rewrites

the history of one of this court's most important decisions,"

Stevens said. "Tt is my firm conviction that no member of

the court I joined in 1975 would have agreed with today's

decision."

Justice Stephen Breyer, in an emotional opinion read

from the bench, reminded his colleagues: "In this court's

finest hour, Brown v. Board of Education challenged th[e]

history [of segregation] and helped to change it." Brown,

said Breyer, held out a "promise of true racial equality -

not as a matter of fine words on paper, but as a matter of

everyday life in the nation's cities and schools."

Justice Anthony Kennedy rejected Roberts' simplistic

application of the letter of Brown as "too dismissive of

the legitimate interest government has in ensuring all

people have equal opportunity regardless of their race."

In a separate opinion of his own, Kennedy wrote: "The

enduring hope is that race should not matter; the reality is

that too often it does."

History teaches us that far from ignoring race, the Brown

court explicitly used it as a tool of inclusion. Recognizing

the significant social context in which the Brown decision

was made, later courts upheld the use of race to integrate,

equalize and harmonize society, instead of allowing

segregation to persist.

Although he concurred with Roberts' conclusion that

the Seattle and Louisville plans were unconstitutional,

Kennedy clarified that Roberts' opinion implied "an all-

ones, are still available to districts

across the country that are seeking

to create racially diverse educational

environments to fulfill their educational mission.

This is particularly important here in California, where,

in the shadow of Proposition 209, public schools are as

segregated today as they were nearly 40 years ago.

Despite this challenge, there are examples of success.

Earlier this year, an Alameda County Superior Court judge

threw out a legal challenge to Berkeley Unified School

District's elementary and high school student assignment

plans, finding that the district does not violate state law

by considering the racial demographics of students'

neighborhoods along with other factors in assigning

students to schools. The judge upheld the plan because it

does not consider any individual student's race or grant any

so-called "racial preference."

In his dissent, Justice Breyer warned that last month's

decision will be one that "the court and the nation will come

to regret." But we don't have to live with such regret.

All of us - parents, advocates, school administrators,

elected officials - have a role to play in continuing the hard

but critically important work of creating racially diverse

public schools. Let's maximize the tools we still have

available to promote equal opportunity and inclusion in

California's educational system.

This article was first published in the Daily Journal.

The ACLU is representing Berkeley Unified School

District parents in supporting the district's student

assignment plan.

6 | ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF

PUSH FOR OPEN POLICE

REVIEW CONTINUES

By Juliana Pearson and Justine Sarver

in police misconduct cases.

Two pieces of legislation were the focus of our ef-

forts-Assembly Bill 1648, sponsored by Assemblymem-

ber Mark Leno (San Francisco) and Senate Bill 1019,

sponsored by Senator Gloria Romero (Los Angeles). Both

bills would overturn the California Supreme Court's deci-

sion in Copley Press v. San Diego, which blocked public

access to records relating to sustained police misconduct

complaints and stopped police review agencies from hold-

ing open hearings.

It has been an uphill battle from the start. Lobbyists for

the powerful and often politically influential police unions

vehemently opposed the bills.

We formed a multidisciplinary campaign team from

the ACLU-NC Policy, Organizing, and Communica-

tions departments, and worked with our legislative office

in Sacramento to move the legislation forward. In April,

the Public Safety Committee heard AB 1648, but neither

Assemblymember Fiona Ma nor Assemblymember Greg

Aghazarian, the Northern California representatives on the

committee, moved to take

a vote on the bill. It will

remain in committee un-

til later this year, when it

will either move forward

or die.

We have achieved great-

er success with Senator

Romero's SB 1019. It was

voted out of Public Safety

Committee and passed in

the Senate, in a climate of

very intense advocacy on

both sides. A lobbyist for

police unions was exposed

making a quid pro quo

threat against the Senate

leadership, stating that if

the leadership supported

the bill, the police union

would oppose any efforts

to reform term limits,

a key issue for Senate

leaders.

Our team worked dili-

gently to create a broad

coalition supporting the bill, from commu-

nity organizations and newspapers to local

government officials and civilian oversight

agencies. Law enforcement leaders also

came forward to express support, includ-

ing the Los Angeles, Oakland, East Palo

Alto, and Newark police chiefs, the San

Francisco Sheriff, and former Los Angeles

Police Chief Bernard Parks. (For a full list

of endorsements, visit www.aclunc.org on

the Police Practices page.)

Once voted out of the Senate, SB 1019

came up before the Assembly Public Safety

Committee on June 26. The committee

heard powerful testimony from support-

ers, who spoke strongly about the need to

Leticia Rodriguez recounted how her daughter, Jessica,

was killed when another motorist who was being pursued

by police in a high speed chase smashed into her vehicle.

Witnesses said officers did not use sirens or flashing lights,

a violation of Oakland city policy. Leticia and her family

filed a complaint with the Oakland Citizen Police Review

Board. Because her complaint was brought before the board

after the Copley Press decision, she could not learn of the

hearing's outcome. She has no avenue for justice. United

Farm Workers Co-Founder Dolores Huerta also testified,

recalling being severely beaten by a San Francisco police

officer in the late 1980s.

Opposing SB 1019, more than 150 police union repre-

sentatives packed the committee chamber. Dozens of police

officers lined up to oppose the bill, many repeating the

same phrase: "Keep our families safe." Officer after officer

said they feared that the public release of their names would

make them targets of "the criminal element."

No Public Safety Committee member challenged this

Cre eee Ar ae a eC i

You are invited to a community forum hosted by the ACLU of Northern California

POLICE TRANSPARENCY:

PUBLIC SAFETY,

PUBLIC TRUST

Monday, September 17 #(R) 6:30-8:30 pm = San Jose, CA

restore transparency in civilian complaints

and police review processes that had been

in place for the past 30 years.

Meetings on police accountability, oversight and transparency are being held in

Northern California communities this fall.

he ACLU of Northern California this year chose police accountability as one of its priority cam-

y EB ye p

paigns, dedicating significant resources to pushing legislation that would restore civilian oversight

assertion. Not one asked for

a specific example or pointed

to the obvious: During nearly

30 years of open civilian over-

sight in California, there has

never been an example of a

police officer who was physi-

cally harmed because infor-

mation about misconduct

and discipline was released to

the public.

When Senator Romero asked for a vote on the bill,

members refused and avoided going on record. After the

committee hearing, Romero requested that SB 1019 be

heard again on July 3, but Chairman Jose Solorio refused

to schedule it.

Shortly after the committee hearing, the Los Angeles

Times conducted an investigation into police claims of

safety concerns. Reporters Matt Lait and Scott Glover

interviewed police union representatives but

none could provide an example of an officer

who had been harmed because of the release

of disciplinary files.

The Assembly Public Safety Commit-

tee will hear the bill again during the next

legislative session. Advocates for SB 1019,

including the ACLU team, are continuing

their legislative push this fall and building

even more public support.

A speakers' bureau training session for coali-

tion partners and chapter members was held on

Sept. 5 to prepare community leaders to speak

throughout Northern California about police

misconduct, the need for transparency, strate-

gies for affecting change in local communities,

and how to get involved. (For more informa-

tion about becoming a speaker, contact Ashley

Morris at amorris@aclunc.org.)

The ACLU and other organizations are also

holding a series of forums on police account-

ability and oversight, beginning

with an event in San Jose on

Sept. 17, followed by another

community forum in Santa

Rosa on October 27. (Sign up

at www.aclunc.org to receive ac-

tion alerts on the open records

campaign and an invitation to a

forum near you.)

When police misconduct

occurs, it sparks intense com-

munity concern and suspicion.

`Transparency and open review

of complaints are essential for

building public trust in the po-

lice. With your support, we will

work to ensure that California

officials champion both public

safety and transparency for our

communities. and

Juliana Pearson is an

ACEU-NC Poly Intern,

Justine Sarver is the ACLU-

NC Organizing Director.

ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF | 7

WHAT WE DO INSIDE THE

STATE CAPITOL

any of us are familiar with the critical work done by our ACLU

By Amanda Sheldon

staff in California court rooms day-in and day-out, and the nu-

merous hours spent organizing, coalition-building and working

to defend civil liberties around the state. There is, however, another

important component to our efforts to achieve equality and justice for

all-the work of our legislative advocates, also known as lobbyists, at

the capitol in Sacramento. The legislative arena is where the ideas and

principles we strive for are molded into words and enacted into law.

So, what do we do in our little office across the street from

the gleaming capitol dome and the Governor's headquarters?

To begin with, our staff members don't actually log many

hours in their offices. That's because our three ACLU legislative

advocates in Sacramento-Valerie, Vik and Francisco-spend

most of their time meeting with lawmakers, legislative person-

nel and the staff of various committees who write the analyses

of the bills. The ACLU is a well-respected voice and valued

resource for many members of the legislature and their staff,

and we are often asked to provide insight and legal expertise on

civil rights and civil liberties concerns raised in legislation.

On a typical day, our advocates are involved in several of

the many activities that transform our ideas into law. For ex-

ample, they testify at many committee hearings, advocating

for or against legislation pertaining to civil liberties. Legisla-

tors, in forming their own opinions, often ask our advocates

about particular aspects of a bill and rely on their knowledge

of civil liberties and the potential impact of legislation on

the rights of Californians. Our advocates also often write

CAPITOL'S YEAR WANES

By' Vivek Malhotra

Cy" again, the end of the legislative year brought

a whirlwind of activity as state legislators acted on

hundreds of bills in just a few short weeks. Several of the

ACLUs highest priority bills went to Governor Schwar-

zenegger's desk but are still awaiting his action.

INFORMED STUDENT. CHOICES FOR COLLEGE AND CAREER

- SB 405, by Senator Darrell _ (D- 2

__ lems, lack basic information about the options avail. _

able to help. them succeed in life after graduating | from custody informant testimony. SB 756, by

high s school. SB 405 promotes a more level playing field

for the most atrisk kids i in our public schools

EQUALITY IN NAME CHANGE OPTIONS -

The ACLU and Equality California won pas- _ -

sage of AB 102, by Assembly Member Fiona Ma (D-San FAIR HOUSING FOR IMMIGRANTS

Francisco), to ensure that the government respects the |

family name choices of married couples and domestic -

partners, regardless of gender or sexual orientation. The "

bill arose from: an a of Southern California

8 | ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF

FLURRY OF ACTIVITY AS

tronic a of oe interrogations in hom cid

- serious felony cases. SB 609, by Senator Gloria Rom

lor. low-i income a ana oe

the actual text of legislation and are in frequent contact with

committee staffers who write the bill analyses. These analyses,

done on every bill introduced in the legislature, provide the

pertinent details, background and financial information that

legislators need to make their decisions.

Despite our "liberal" reputation, it may be surprising

how often we forge alliances with "conservative" members to

achieve our goals. For example, conservative Republican State

Senator Tom McClintock (Thousand Oaks) has been one of

our strongest advocates on two ACLU-sponsored bills-SB

1019, which would shed light on police misconduct records,

and SB 30, which would require basic privacy protections

in government identification documents that are embedded

with RFID (radio frequency identification) tags.

Senator McClintock recently spoke on the Senate floor on

behalf of SB 30, stating, "I just point out that the measure

again makes a very sharp distinction between the voluntary

use of these devices and the mandated use by government that

citizens submit to these devices. That's the critical difference

SACRAMENTO REPORT |.

ACCURATE AND BIAS-FREE SEX EDUCATION

The Legislature also approved AB 629, by Assembly

Member Julia Brownley (D-Santa Monica) and co-

sponsored by the ACLU. The bill ensures that publicly

funded community-based pregnancy prevention and (c)

sexually-transmitted disease education programs are -

medically accurate, objective, age-appropriate, culturally -

and linguistically suitable, and taught by knowledgeable _

instructors. The governor vetoed a similar measure last _

ernor. AB 43 would end marriage discrim nati on a ainst _

_year, but AB 629 addresses some of his reasons for veto- ee - ig

_ ing the Provions bill.

REDUCING WRONGFUL enn _

Also. approved was a trio of criminal justice qetonn

(D-Los Angeles), mitigates the use of false testimony 0.

_ informants by requiring corroborating cent evidence for in.

doued the country, in

to minimize risks of _ oo convictions. - "Sis

between freedom and authoritarianism, and I'm glad to see

that Senator Simitian [the author of the bill] every now and

then sides with the freedom."

In addition to our work with the folks in "the building"

(a.k.a. the state capitol), we build or join legislative coalitions

that can be very diverse. For example, the ACLU's partners

on SB 30 include groups ranging from the Gun Owners of

California and the Eagle Forum to the American Association

of Retired Persons, which are worried about the threats to

personal privacy posed by the unregulated use of RFID tags.

Many legislators have been surprised to see us all at the same

table.

Our legislative advocates play an active role in ensuring

that when laws are created in Sacramento, our lawmakers

fully consider the impact on civil rights and civil liberties. It is

part and parcel of the broader role of the ACLU as a defender

of our freedoms.

Amanda Sheldon is the ACLU legislative assistant

in Sacramento.

the governor signs | the bill, California would | become the -

first state to expressly prohibit these local anti-immigrant _

ordinances.

MARRIAGE EQUALITY _

Assembly Member Mark Leno (D-San oe ped

by several LGBT equality-minded lawmakers and advo-

cates, again delivered a marriage equlity bill to. the gov-

ator Mark _

_ Ridley-Thomas (D-Los Angeles), i increases the accuracy of -

_ eyewitness identifications by urging police departments fo

_ad ideli he conduct of police line- do

en Ea oar Scaar Romero 4 are ee by ae ACLU ad the

ae California `Newspaper Publishers Association. _

photo arrays. All three bills await the eerste: action.

In contrast toa slew of failed anti-immigrant bills, a mea- :

: Sure fe =_- a from discrimination made ee

The ACLUs $ poeael " battle cent to oo individual

ae cea, or RFID. i ene mi-

al oo _ctochips) can be inserted | in oo

VIDEO SURVEILLANCE continuco rrom pace 1

The 19-page report "Under the Watchful Eye: The Pro-

liferation of Video Surveillance Systems in California,"

examines law enforcement justifications for video surveil-

lance programs, looks at the threat these programs pose

to privacy and free speech, and makes a series of recom-

mendations on how to change course and protect civil

liberties.

Surveillance camera programs do not significantly reduce

crime in city centers, the report argues. Mark Schlosberg,

Police Practices Policy Director of the ACLU of Northern

California and co-author

of the report said, "The

use of surveillance camer-

ese

eae

wet

ae

at

poo

po

Soc

wile

oe

Pea

oe

Ee

om

Pry

we

eae

of?

as, unfortunately, comes

at the expense of proven

UNFORTUNATELY,

COMES AT THE EXPEN

Ec crime reduction measures

euroe3

such as better lighting,

foot patrols, and com-

munity policing. In this

sense, throwing money

at video surveillance ac-

tually detracts from law

enforcement's efforts to

reduce crime."

`The report cites a sur-

vey commissioned by the

British Home Office, which found that improved lighting

led to "a 20 percent average decrease in crime, with reduc-

tions in every area of criminal activity including violent

crime,' while cameras led only to reductions "no more

significant" than in control areas with no cameras. Britain

has more than four million cameras operating in more than

500 towns and cities.

In a July 13 editorial, the New York Times raised similar

concerns about the New York police commissioner's $90-

million initiative to install 3,000 cameras in lower Manhat-

tan: "The troubling thing about New York's move, though,

is that the only thing it's guaranteed to diminish is privacy.

`There's little proof that the money spent to equip and operate

the system will do more for public safety than, say, hiring

more cops."

Along with New York City, Baltimore and Chicago are

also receiving federal money to build massive surveillance sys-

tems that may link to thousands of privately owned security

cameras.

In the last few years, reports of abuses involving surveil-

lance cameras have surfaced. From camera surveillance of

protesters in NYC to a San Francisco police officer who was

disciplined for using surveillance cameras at the airport to

ogle women.

Nicole Ozer, Technology and Civil Liberties Policy Di-

rector and report co-author, raised another serious concern.

"The threat of widespread government surveillance only

multiplies when cameras are combined with other new

technologies." She cited automated identification software

among such technologies. "In this light, video surveillance

cameras provide a critical pillar for an emerging govern-

ment surveillance infrastructure," Ozer added. @

For a copy of the full report, go to www.aclunc.org/

watchfuleye.

Stella Richardson is the ACLU-NC Media Relations

Director.

@ Overall crime within the jurisdiction

-rEItd

HOW TO LOOK AT CAMERAS' EFFECTIVENESS

To conduct a comprehensive evaluation, a jurisdiction must, at a minimum, look at the following information:

m Crime at the camera location before and after placement

m Crime within 500 feet and 100 feet of the location before and after placement

m@ Other changes that might account for reductions in crime

Despite the simplicity of such a study and the millions being spent on new camera systems, not one jurisdiction in the

ACLU survey had studied the effectiveness of surveillance cameras after they were put in place.

IS THIS WHAT WE WANT?

@ In Great Britain there are more than four million

cameras being used and operated throughout

the country.

m In London the average person is now captured

on video surveillance cameras 300 times a day.

m `There is one video surveillance camera for every

14 people.

= Approximately 500 towns and cities have surveil-

lance camera systems.

RECOMMENDATIONS |

= Cease deploying surveillance cameras. Given

surveillance cameras' limited usefulness and the

potential threat they pose to civil liberties, lo-

cal governments should stop deploying them in

public spaces.

For cities considering cameras:

@ Evaluate other alternatives. Local governments

should fully evaluate other crime reduction

measures before spending limited public safety

dollars on video surveillance systems.

m Fully assess any proposed system's effectiveness

and impact and establish a process for open

public debate. No city or town should deploy a

technology without fully debating and consider-

ing its impact on members of the community.

`The city should conduct a full assessment of the

system's effectiveness and impact on privacy and

free speech before proceeding with the installa-

tion of cameras.

For cities with cameras already in place:

@ (Re)evaluate the effectiveness

and its impact on privacy and hold public

system's

hearings. Any city with a video surveillance

system already in place should conduct a

comprehensive (re)evaluation of its effective-

ness and impact on privacy. The city should

make public the results of the evaluation and

hold public hearings on the future of surveil-

lance programs and possible alternative crime

reduction measures.

be used on our current program.

Foundation in their estate plans.

for Legacy Challenge matching funds.

The Robert W. Wilson Charitable Trust has renewed the ACLU Legacy Challenge matching grant program. That means if you

include a bequest to the ACLU Foundation of Northern California in your will or living trust between now and June 2009, the

ACLU will immediately receive a cash grant matching 10 percent of the value of your bequest, up to a maximum of $10,000, to

The Wilson Trust provided the ACLU nationally with over $3.3 million in Legacy Challenge matching grants between January 1,

2005 and December 31, 2006. [he Legacy Challenge has been renewed to encourage more ACLU supporters to include the ACLU

The Legacy Challenge is a simple opportunity for you to help generate a current gift to the ACLU Foundation without writing a

check. Simply notify us that you ve remembered the ACLU Foundation in your will or trust, and the ACLU Foundation will qualify

For more information on the Legacy Challenge or to request information about how your legacy gift can benefit the ACLU

Foundation, contact Stan Yogi at (415) 621-2493 or visit www.aclunc.org/support/legacy_challenge.shtmL.

ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF | 9