vol. 74, no. 2

AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA

ACLU Members Take

Sacramento by Storm

BECAUSE

SPRING 2010

ceo

FREEDOM

nev

CAN'

PROTECT

bet S E-EE

5

VOLUME LXXIV ISSUE 2

Know Your Rights with

New ACLU Publications

WHAT A DIFFERENCE A DA MAKES

By Natasha Minsker

mong all the public officials voters elect, there is one office that

is perhaps the most powerful and the most unknown - the

district attorney. Can you name the district attorney for your

county? Do you know the names of the candidates running for

district attorney - let alone what policies they stand for? Consider

what a difference a DA makes.

In Robertson County, Texas, in November, 2000, a 24-

year-old single mother of four, Regina Kelly, was caught up

in a drug sweep triggered by the uncorroborated word of

a single police informant. Even though Kelly had no prior

drug record and no drugs were found on her or in her home,

District Attorney John Paschall offered her a terrible choice:

plead guilty to the charges and go home a convicted felon

or remain in prison, fight the charges, jeopardize custody of

her daughters and risk a long prison sentence for a crime she

didn't commit.

Compare Paschall's approach to fighting crime with that

of Dallas District Attorney Craig Watkins. Watkins created a

Conviction Integrity Unit in the DA's office which uses DNA

testing to either exonerate or confirm convictions of those now

serving time in Texas prisons. This unit has already exoner-

ated 22 men wrongfully imprisoned for crimes they did not

Pa Voy Wea ae] eer ce td

of NORTHERN CALIFORNIA

commit. In the process, the DA's office was able to identify the

actual perpetrators in several cases.

With the power to decide whom to sentence - and how se-

verely - District Attorneys (or DAs) hold one of the most pow-

erful positions in our legal system. DAs have nearly unbridled

discretion; discretion that allows them to chose between life and

death; discretion that allows them to say who goes to prison and

who goes home; discretion that lets them impose hundreds of

millions of dollars in costs on taxpayers statewide.

DAs are supposed to reflect the interests of all members of

the community. But do they? Is your county DA acting in

the best interests of your community? Many people don't even

realize that District Attorneys are elected officials. It is through

elections that we, the voters, can hold them accountable for

their actions.

Despite their awesome responsibility, incumbent DAs fre-

quently aren't even challenged. One study found that 85%

of DA elections went uncontested, with only one candidate.

In the small number of contested elections, incumbents and

challengers rarely bring up key issues, relying on personal at-

tacks and war stories instead of shedding light on policy dif-

ferences that have serious consequences for all of us. Under

such circumstances, it's difficult to keep DAs accountable to

the people they serve.

This June, 56 California District Attorneys are up for election.

In 23 of those races there is more than one candidate. Contested

elections for DA will occur in counties all over Northern Cali-

fornia, from Santa Clara, to Sonoma, to Lake, to Humboldt.

To bring attention to these elections and the issues that

matter, the ACLU-NC has launched a DA voter educa-

tion campaign, "What a Difference a DA Makes." The goal

is to spread awareness that DAs are elected politicians with

enormous power in our criminal justice system. Community

members need meaningful opportunities to learn about job

performance and the impact of policy choices on public safety

and state and county budgets. If DAs are not compelled to dis-

close their priorities and practices, the opportunity for abuse

goes unchecked.

By bringing DA contests to light, we can hold DAs ac-

countable for the policy choices they make and the impact

these choices have on our communities. See the box below,

and get involved today! 0x2122

GET INVOLVED IN YOUR LOCAL DISTRICT ATTORNEY RACE

BY ATTENDING CANDIDATE FORUMS, ASKING QUESTIONS OF

CANDIDATES FROM THE TOOLKIT, ETC.

HERE ARE QUESTIONS YOU CAN ASK YOUR DA CANDIDATE.

_ Find the candidates running for DA in your community online, then contact their

campaigns to find out the answers to these and other questions. Find more questions

in the toolkit.

1) The California Commission on the Fair Administration of Justice concluded that

California remains at risk of executing an innocent person. Are you concerned about

the wrongful conviction of innocent people and what would you do as District Attorney

to minimize this risk?

2) What would your office policy be regarding charging juveniles in adult court? When

would you use your authority to file charges directly in adult court, when would you

ask the court to authorize filing charges in adult court and when would you pursue a

case In juvenile court?

3] Do you support sending non-violent drug offenders to state prison? Why or why not?

GIG] PANDIAN

| the people. - _ _

oe -r-...-OOOS

ACLU-Fresno board member, Founder of National Network in Action _

-A SPECIAL THANK YOU: 2010 BENEFACTORS DINNER

[ March, over 200 ACLU-NC supporters gathered for the Benefactors Dinner, our annual celebration to honor and

thank the individuals who sustain the ACLU's work in Northern California and nationwide.

Guests listened intently as Scott Crichton, Executive Director of the ACLU of Montana, shared stories from the

front lines of the ACLU's fight in the "Treasure State." Montana has nearly the same number of square miles as

California - but a mere fraction of Californias ACLU members and donors who can support programs spanning

such vast geographic territory.

But the civil liberties landscape in Montana has shifted due to the

hard work of local activists and an influx of funds from The ACLU

Campaign for the Future. Donors in Northern California have given

over $22 million for this special local and national campaign -a por-

tion of which is directed to ACLU affiliates, like the ACLU of Mon-

tana, which are poised to make significant change but local resources

are not enough.

As Crichton put it, because of these donations to the ACLU Cam-

paign for the Future, "we are much closer to fulfilling our vision of a

world where dignity, freedom and civil liberties are a reality for each indi-

vidual." See the back page of this issue for a Q A with Scott Crichton.

Above left: Development Committee Chair Susan Mizner

thanks Board Member and volunteer Marlene De Lancie

for many years of service to the ACLU-NC. Left: Racial

Justice Project Director Diana Tate with long-time friend

of the ACLU, Barbara Meislin.

CIVIL RIGHTS ATTORN FY MAGGIE CROSBY Correction: In the Winter 2010 issue of the ACLU News,

KELLI EVANS NAMED GIVEN REPRODUCTIVE | pir oft Hutell olan in be AcEt-aC! DNA

ASS 0 Cc LAT E D f eR = CTO R R G y TS AWA R D collection lawsuit, was taken by Vanessa Huang. We regret

the omission.

Kelli Evans has joined the leader-

ship of the ACLU-NC as Associ-

ate Director. Evans career as a civil

ACLU-NC Staff

Attorney Maggie

; Crosby recentl

rights attorney includes serving as 2 y

THE PUBLICATION OF THE

AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA

received an award

from the Cali-

fornia Coalition

federal court-appointed Monitor

of the Oakland Police Depart-

ment, as a senior trial attorney in

the Civil Rights Division of the

U.S. Department of Justice, and

Membership ($20 and up) includes a subscription to the

ACLU News. For membership information call

Freedom. Crosby (415) 621-2493 or visit www.aclunc.org

was awarded one

of CCRF's "Gen-

eration Awards,"

for Reproductive

as an attorney in private practice.

Evans new position is a return to ACLU-NC. She previ- Nancy Pemberton CHAIR

Abdi Soltani EXECUTIVE DIRECTOR

Gigi Pandian INTERIM EDITOR, DESIGNER

ously served as staff attorney at the affiliate, with an emphasis

GIGI PANDIAN

Se ee : one of which is

on criminal justice, race discrimination, and LGBT rights. :

given to an emerg-

ing leader, the other to a guardian of women's health (i.e.,

long time advocate). Crosby was awarded the "guardian"

Evans received her undergraduate degree from Stanford

University and her law degree from the University of Califor-

nia at Davis, where she was the recipient of the Martin Luther : eee

: P title for her decades of work in California to protect vul-

ne e estou ee : : nerable women's access to reproductive health care. 39 Drumm Street, San Francisco, CA 94111

Evans role focuses on leading ACLU multi-faceted campaigns (415) 621-2493

and programs to have the maximum impact for civil liberties.

2 | ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF

By Tiffany Mok

long the hallways of our state's capitol in March, dozens of ACLU

members and supporters prepared to exercise one of their most

~~ cherished rights - the right to petition their government.

The ACLU staff educated members about key bills, and

prepared the group by giving them the fundamental tool

we have - knowledge of the Constitution and how its

interpretation applies to proposed legislation.

This year, members lobbied on three issues that are priorities

for the ACLU's California Legislative Office: the death penalty,

criminal justice, and education equity.

CALIFORNIA RACIAL JUSTICE ACT

Participants at the lobby day learned that Senate Bill (SB)

1331 (Cedillo--D), the California Racial Justice Act, would

ensure that no one is sentenced to die in California because

of race or ethnicity. The Legislation creates a procedure for

the court to determine whether race was a significant factor in

the decision to seek or impose the death penalty in that case.

Most Californians assume that death sentences are imposed

based on the gravity of the crime, not because of the race of

the victim or defendant. Unfortunately, studies have shown

this may not be always true.

SHACKLING PREGNANT WOMEN

ACLU members spoke on other criminal justice issues,

including the fact that nearly two-thirds of county jails shackle

pregnant women in ways that could cause miscarriage or other

injuries. The ACLU is co-sponsoring Assembly Bill (AB) 1900

(Skinner-D) that remedies this issue by setting up standards to

assure that pregnant women be restrained in the least restrictive

way possible in state and local detention facilities.

SENTENCING REFORM

As the state grapples with the budget, the ACLU continues to

herald fiscally-sound criminal justice reforms. The ACLU is co-

sponsoring AB 2372 (Ammiano-D), a common-sense reform

that raises the grand theft threshold amount from $400 to $950

to adjust for inflation since the level was established in 1982.

By Rebecca Farmer -

- COMBATTING. RACIAL

PROFILING IN. OAKLAND

In February, the City of Oakland filed papers proposing

a court order that would give police unfettered power to

label young men gang members and subject them to severe

restrictions in a vast, 100 square block area of North Oak--

land. Called "gang injunctions," these court orders make

_ everyday activities a crime for people labeled gang members _

and many don't require that police present any evidence to

`They make i ita crime to do things | i

As a result, the City Attorney has promised to address

the majority of concerns raised by the ACLU-NC. In an

April court hearing, the judge raised some of the concerns

addressed in the ACLU-NC brief, and in order to give

people more time to address these due process concerns,

postponed a ruling and set a new hearing on May 27.

in instruction.

. ae ACLU-NC Sakon met wah the ae City Ae _

and spoke out widely against the injunction in the press. _

The Department of Corrections estimates the bill would lead to

prison savings of $68 million due to the reduction of low-level

property offenders that would otherwise be sent to state prison.

The ACLU will continue advocating for additional sen-

tencing reforms that reserve state prison for serious offenders.

There are dozens of nonviolent offenses classified as wobblers

(misdemeanor or felony) that result in lengthy and expensive

prison sentences. :

For example, California currently incarcerates more than

4,000 inmates for petty theft with a prior conviction - a

wobbler. Converting a number of wobblers into straight mis-

demeanors can reduce state prison spending by $700 million

each year.

Additionally, low-level drug offenders could serve time at

the local level through community service, treatment or pro-

bation instead of wasting hundreds of millions of dollars by

sending them to state prison.

Finally, restoring funding for recidivism-reduction pro-

grams cut from the Budget last year and increasing sentencing

credits for inmates who complete these programs will lower

recidivism rates, increase public safety, and save us money.

GOOD SAMARITAN

The ACLU is also co-sponsoring AB 2460 (Ammiano-D)

that provides limited immunity for certain crimes to "Good

Samaritans" who contact emergency services about drug over-

doses (including alcohol) and the victims they are seeking to

save. Research has shown that fear of arrest or police involve-

ment is the most significant barrier to people calling 911 for

help in overdose situations.

REPAIRING SCHOOLS

Additionally, ACLU members lobbied the Legislature to

provide funding for emergency repairs to school facilities

where there is an urgent threat to the health and safety of

LEGAL BRIEFS

KEEPING DISCRIMINATION

OUT OF INSTRUCTION

A 24 year old student at Fresno City College contacted

the ACLU-NC after her health science professor, Brad-_

ley Lopez, presented religiously-based and anti-gay views

as `science' and "fact" in his teaching. For example, he

presented a slide listing "homosexual facts,' includ-_

ing that homosexuality is a "biological misapplication

of human sexuality' and said that the "recommended _

treatment' is "psychological counseling" or "hormone _

the Goal has a ap obligation to |

"The college sponded nel by i an in-

vestigation, In March, the college issued a formal response

to students and the ACLU, finding thar Professor Lopez

did violate school policy and that his instruction may have

created a hostile learning environment. The school has not

yet announced any plan of action.

supplements." The _ alse described LGBT a |

2 judge. Injunctions predominantly i impact young men of _ #athicai to code

_ colorand place severe restrictions on people's daily activities. _

pick p medicine for

2 sick ae - or po to the grocery t to O Pick up a |

andi not in ite!

SACRAMENTO, HERE WE COME...

Ken Sugarman, Daniel Galindo, Lanette Davies,

and Francisco Ceballos lobbying with the ACLU in

Sacramento.

students and teachers. These "emergency repair" funds were

part of the settlement agreement from the Williams v. State of

California lawsuit. In Williams, the ACLU and other organi-

zations claimed the State was denying thousands of California

students their fundamental right to an education under the

California Constitution because it failed to give them the ba-

sic tools necessary for that education. The settlement legisla-

tion included an agreement to provide sufficient instructional

materials, qualified teachers and safe school facilities for the

lowest performing schools in the state. In light of recent bud-

get cuts the "emergency repair" funding has been eliminated

or stalled despite the state's settlement agreement. and

: Tiffany Mok is a Legislative Advocate at the ACLU 's

California Legislative Office.

See related article about the 2010 Conference on

Lobby Day on page 7.

LOOKING OUT FOR (c)

PROTESTORS' RIGHTS |

Early one December morning, UC Berkeley police

officers arrested protestors who had occupied campus

building Wheeler Hall as part of a series of protests

against a significant increase in student fees. The

protestors were arrested for misdemeanor trespassing

and taken to a county CT rather than a" issued

citations.

0x00B0 suppress further ee oe

_At press" time, ACLU-NC had no Papote from the

University. = . -

Rebecea a is the Media Relations Director

at the ACLU of Northern California.

ACLU BECAUSE FREEDOM CANT PROTECT ITSELF | 3

THE NEW JIM CROW:

HOW THE WAR ON DRUGS GAVE BIRTH TO A

PERMANENT AMERICAN UNDERCASTE

An Opinion Piece by Michelle Alexander

The following text is excerpted from an article that appeared on March 8, 2010 in the Huffington Post.

ver since Barack Obama lifted his right hand and took his oath of office, oe er and their lead-

ers around the globe have been celebrating our nation's "triumph over race." Obama's election has been

`touted as the final nail in the coffin of Jim Crow, the bookend placed on the history of racial caste in

America. There's an implicit yet undeniable message embedded in his appearance on the world stage: this is

what democracy can do for you. If you are poor, marginalized, or relegated to an inferior caste, there is hope

for you. Trust us. Trust our rules, laws, customs, and wars. You, too, can get to the promised land. Perhaps

ereater lies have been told in the past century, but they can be counted on one hand. Racial caste is alive and

well in America.

Most people don't like it when I say this. It makes them

angry. In the "era of colorblindness" there's a nearly fanatical

desire to cling to the myth that we as a nation have "moved

beyond" race. Here are a few facts that run counter to that

triumphant racial narrative:

@ There are more African Americans under correctional

control today - in prison or jail, on probation or

parole - than were enslaved in 1850, a decade before

the Civil War began.

@ As of 2004, more African American men were disen-

franchised (due to felon disenfranchisement laws) than

in 1870, the year the Fifteenth Amendment was ratified,

prohibiting laws that explicitly deny the right to vote on

the basis of race.

@ A black child born today is less likely to be raised by both

parents than a black child born during slavery. The recent

disintegration of the African American family is due in

large part to the mass imprisonment of black fathers.

m If you take into account prisoners, a large majority of

African American men in some urban areas have been

labeled felons for life. These men are part of a growing

undercaste - not class, caste - permanently relegated,

by law, to a second-class status. They can be denied the

right to vote, automatically excluded from juries, and

legally discriminated against in employment, housing,

access to education, and public benefits, much as their

grandparents and great-grandparents were during the Jim

Crow era.

`There is, of course, a colorblind explanation for all this:

crime rates. Our prison population has exploded from about

300,000 to more than 2 million in a few short decades, it is

said, because of rampant crime. The uncomfortable truth,

however, is that crime rates do not explain the sudden and dra-

matic mass incarceration of African Americans during the past

30 years. The vast majority of that increase is due to the War

on Drugs. Drug offenses alone account for about two-thirds of

the increase in the federal inmate population, and more than

half of the increase in the state prison population.

`The drug war has been waged almost exclusively in poor

communities of color, even though studies consistently show

that people of all colors use and sell illegal drugs at remarkably

similar rates. That is not what you would guess, though, when

entering our nation's prisons and jails, overflowing as they are

with black and brown drug offenders. In some states, African

Americans comprise 80%-90% of all drug offenders sent to

prison.

This is the point at which I am typically interrupted and

reminded that black men have higher rates of violent crime.

Again, not so. The drug war has never been focused on root-

ing out drug kingpins or violent offenders. Federal funding

flows to those agencies that increase dramatically the volume

of drug arrests, not the agencies most successful in bringing

down the bosses.

The results have been predictable: people of color rounded

up en masse for relatively minor, non-violent drug offenses.

In 2005, four out of five drug arrests were for possession, only

one out of five for sales. Most people in state prison have no

history of violence or even of significant selling activity.

In this way, a new racial undercaste has been created in an

astonishingly short period of time - a new Jim Crow system.

Millions of people of color are now saddled with criminal re-

cords and legally denied the very rights that their parents and

grandparents fought for and, in some cases, died for.

`This is not Martin Luther King, Jr.'s dream. This is not the

promised land. The cyclical rebirth of caste in America is a

recurring racial nightmare. @

Michelle Alexander is the author of The New Jim Crow:

Mass Incarceration in the Age of Colorblindness (The

New Press, 2010). The former director of the Racial

Justice Project of the ACLU in Northern California, she

also served as a law clerk to Justice Harry Blackmun on

the U.S. Supreme Court. Currently, she holds a joint

appointment with the Kirwan Institute for the Study of

Race and Ethnicity and the Moritz College of Law at Ohio

State University.

AN EXECUTION THAT STARTED A MOVEMENT

By Katy Fox

ay 2, 2010, will mark the 50-year anniversary of Caryl Chessman' execution, an execution that galva-

nized the struggle for abolition of the death penalty. Chessman, a career criminal who had been incarcer-

_ ated numerous times for robberies and theft, was sentenced to death at age 27. While in San Quentin

he wrote and published four best-selling books and appeared on the cover of Time Magazine less than two

months before his execution. By alerting national and international communities of the issues surrounding |

capital punishment, his execution began a movement that many activists consider their awakening.

"When people ask me how I came to work on this issue, I

say not by way of pros and cons and statistics and arguments

for why it's wrong," says Lance Lindsey, executive director of

Death Penalty Focus.

As a young man I saw the news that Caryl Chessman was ex-

"It came to me through my stomach.

ecuted and I was blown over."

National ACLU Deputy Executive Director and long-time

Executive Director of ACLU-NC Dorothy Ehrlich was 8

when Chessman was executed. She remembers it vividly. She

was on the playground in elementary school when her teach-

er stepped outside and yelled "It's 10 o'clock in the morning

and Caryl Chessman has been executed!" Her memories give

voice to the sentiments of a previous generation as well as

her own. "Everyone in the whole class started jumping up

and down and cheering, other than me," Ehrlich said. "I had

no idea that so many people were in favor of this execution.

I was entirely taken aback. In my family I had learned that

this was a moment of sorrow, and instead there was this ex-

traordinary celebration that was universal on the playground

except for me."

USF Professor Steven Shatz, who has been an expert witness

and consultant in numerous capital cases and authored several _

amicus briefs for U.S. Supreme Court cases, was 14-years old.

His classmates defied their teacher to stand for a moment of

silence at the time of the execution. This, their first act of civil

disobedience, stood as an example of what was for him and

many of his peers a lifelong commitment to questioning gov-

ernmental action.

ACLU staff, activists and supporters have been dedicated to

ending the death penalty for over five decades. In 2005, the

ACLU-NC created its death penalty policy project with a full-

time staff member working to achieve this goal in California.

In collaboration with the ACLU of Southern California and

San Diego, our statewide team now includes eight people, two

who work full-time on the issue. As a result of our leadership

and the work of our many partners, today we are closer than

ever to succeeding. @

Katy Fox is volunteer Field Correspondent at the

ACLU of Northern California.

4 | ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF

NEW "KNOW YOUR RIGHTS" MATERIALS

in school.

KNOW YOUR RIGHTS: FREE SPEECH,

PROTESTS and DEMONSTRATIONS IN

CALIFORNIA

Both the California Constitu-

KNOW YOUR R IGHTS tion and the First Amendment

to the United States Constitu-

see and DEMONSTRATIONS. `0? Protect your ight co es

ee IN CALIFORNIA expression. But there are many

"he ACLU-NC has produced four new "know your rights" publications empowering Californians

with information about their rights to demonstrate, their rights with the police, and their rights

questions you face when you

decide to organize and speak

out. When do you need a police

permit? Are there things you

cannot say or do? Are there any

limitations on when or where

you can demonstrate? What

about civil disobedience? This

guide will help answer these

questions.

This comprehensive 30-page

reference guide has a single page

companion flyer of key tips that

is easy to photocopy and dis-

tribute to activists.

Find the guide online at wwW.aclunc.org/rightsofdemonstrators

YOUR RIGHTS AND THE POLICE

Available in both English and Spanish, these wallet-size cards offer some practical

tips about interacting with police officers in California. With "dos" and "don'ts"

sections about being stopped for questioning, stopped in your car, and being

arrested or taken to a police station, these cards are a handy pocket reference.

Find the information online at wwW.aclunc.org/policerights

Tips from the

ctical

Be thern California

ACLU of Nor

LGBTQ STUDENTS: YOU HAVE THE RIGHT

TO BE YOURSELF

Wheo youre at school you have the nght to be treated fairy and veth tespect

by other students and schoo! officials, including yone from custodians to.

teachers, You have the Aight to. he free from bias Harassment oF discrimination

and to feel comfortable. You have the right to be yourself

At times, schoal:can be rough for any student; aut it can be ever harder for

esbisn, gay, bisexual, transgender or questioning youth, or those perceived

a8 LGBIG. We're lucky to lave in Calffomia, where laws are among the most

progressive in the country and many groups exist to actively support LGBTO

youth. Unfortunately these laws often only cover public or-charter schools, not

private or religious schools.

Knowing your rights is the first step in making sure youre vested equally, and

youth acrass the state are taking steps to uphold their dghts and be thernselyes.

This guide will show you what the law says about your

tights in school, allowing you and your friends to take

the lead in making the future of LGBTQ students as

bright and fair as possible.

Available in both English and Span-

ish for LGBT high school students,

this guide explains what the law says

about rights in school, allowing stu-

dents to take the lead in making the

future of LGBT students as bright

and fair as possible.

This spring, the ACLU-NC has

been conducting a series of train-

ings throughout the Central Valley,

sharing the information contained

within the guide. Aimed primarily

at LGBT youth and their families,

Gay-Straight Alliance advisors and

those working within the state's

education system, these sessions

provide a face-to-face opportunity

for those interested in the rights

of LGBT students to learn more

about the topics covered.

KNOW YOUR RIGHTS: SCHOOL DISCIPLINE

Available in both English and Spanish, this pamphlet is designed to help students

and parents understand their rights regarding school discipline processes. It provides

information about when and how a school can discipline a student and a student's

specific rights during disciplinary proceedings, such as suspension, expulsion, and

involuntary transfer.

This guide was made possible by The Evelyn and Walter Haas, Jr. Fund.

Find the guide online at wwW.aclunc.org/school discipline

oe

California has among the most progressive laws in the country concernirig gay and

gender non-conforming youth, and through our efforts we hope to ensure that all

students, regardless of their sexual orientation or gender identity, know that they are

entitled to a safe and supportive school environment.

Find the guide online at WwW.aclunc.org/Igbtq

Check out all of these public education materials online at www.aclunc.org, and contact Gigi Pandian at gpandian@aclunc.org if you're interested in receiving

hard copies of any of these materials.

ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF | 5

THE ACLU CAMPAIGN FOR THE FUTURE:

HELEN and RAJ DESAI'S GIFT TO FUTURE GENERATIONS

Xe they first met at U.C. Berkeley's Interna-

tional House in 1951, Raj and Helen Desai

already shared a commitment to justice. Helen, an

art history major from Santa Ana, credits her parents

with giving her an awareness of the civil rights move-

ment and social inequality. Raj, who came of age in

Mumbai when Mahatma Gandhi's anti-colonial

crusade for Indian independence was at its peak, car-

ried those lessons with him when he came to study

engineering at Berkeley.

`They both grew to recognize the ACLU as the

organization that comes closest to embodying their

beliefs - it is all-inclusive, it focuses on inequality

and it fights for the underdog.

Helen remembers her first donation of $30 to the

ACLU almost three decades ago. Over the years, the

couple's generosity has never wavered and their com-

mitment has grown.

After September 11, they both felt that the

climate of fear fostered by the government was undermining

core American values. "Our Constitution is quite clear on

freedom of speech, assembly and other important elements

of our democracy," Helen asserts. "The ACLU is crucial in

helping our country maintain these values - they could

have easily been eroded, as many seemed willing to give up

the openness of our society."

Raj agrees. "We saw innocent people being detained,

some for a long time without cause. The ACLU challenged

Raj and Helen Desai with one of their granddaughters, Anjali Henderson.

that - it took on these difficult cases, cases others wouldn't

touch. That's what the ACLU does."

Last year, they opened their home to host an event honoring

the ACLU-NC's 75th anniversary. "We invited many people

from India," explains Raj, "and it was a real eye-opener for

those who did not know of the ACLU."

"It was also an opportunity for our tertific new executive

director Abdi Soltani to meet people from a different com-

munity," he added.

The Desais have a long history of activism. In the

early 1970s, they were the neighborhood founders of

the first recycling center in San Francisco - started in

their own garage in the Richmond District. Since the

60s, Helen has participated in the non-violent peace

and social change movement, including civil disobe-

dience at the Diablo Canyon Nuclear Power station

and Lawrence Livermore Nuclear Weapons Lab.

Raj, a former board member of the San Francisco

Human Rights Commission, led workshops on

earthquake-resistant engineering in Gujarat after the

devastating earthquake there in 2001.

They are long-time supporters of the Asian Art

Museum, where Helen has been a docent for 40

years, and served as a myth advisor to the museum's

Storyteller program. "Art and justice are not so far

apart," she explains, "they both encourage us to act

in kindness, seek truth and be more loving."

The Desais consider their donation to The ACLU

Campaign for the Future as a gift to their children and 7

grandchildren. "We have tried to instill in them the same val-

ues that are embodied in the Constitution - life, liberty and

the pursuit of happiness. And we feel terrific if we can help

- through the ACLU - to ensure those values for future

generations." @

- Read more about the impact The ACLU Campaign for

the Future is having beyond California in the Ask the

Experts section on page 8.

FRESH, FIERCE, AND FABULOUS:

THE HOWARD A. FRIEDMAN FIRST AMENDMENT

EDUCATION PROJECT'S SPRING CONFERENCE

SNAPSHOTS FROM THE DAY

CONFERENCE PHOTOS BY ALICIA WALTERS

On Tuesday, April 13, students from high schools

across Northern California came together at the San

Francisco State University campus for "Fresh, Fierce,

and Fabulous," the 2010 Howard A. Friedman First

Amendment Education Project conference. The conference

is run by the Project's Youth Activist Committee (YAC)

of high school students. At right are scenes from the day.

Below are highlights of workshops presented.

WORKSHOP HIGHLIGHTS

Education is a Right: Educational Justice in California

Beat the Heat: Police Brutality and Youth Rights with the Police

Don't Let the Phobias and Bias Keep You Down:

Building Networks of Support for LGBTQ Youth

What Do | Look Like? Racial Profiling

6 | ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF

2010 CONFERENCE and LOBBY DAY

By Miriam Gerace

he first weekend in March was filled with opportunities for ACLU-NC members to connect with fel-

low activists, lobby, or just plain have fun in beautiful downtown Sacramento. The ACLU Conference

Lobby Day is an annual springtime event that brings together ACLU supporters, chapter leaders,

community organizations and allies from throughout Northern California. Together, we study pressing civil

liberties concerns, build advocacy skills, and network with others who are passionate about social justice.

In-person visits to educate decision-makers at the Capitol cap off the event.

SPOTLIGHT ON IMMIGRANT

RIGHTS

`The intersection of immigration and civil liberties was a con-

ference highlight. A plenary lunch on immigrant rights and

national security, and two Spanish-English work sessions with

community leaders marked the event. As in past years, the lead

topic was complemented by panels on reproductive justice,

voting rights, digital privacy, and more.

Hector Cerda, a Native American graduate student in the

Masters of Social Work program at CSU Fresno, was one of

many active participants in the immigration conversation.

"My people from my father's side of the family are known as

the Purepecha, my people from my mother's side of the family

are known as the Apache (N'de) and I have lived in the San

Joaquin Valley my entire life," writes Hector. "My interest has

always been advocating for rights related to my ethnic back-

ground yet I also find myself being in solidarity with other

groups that suffer from similar oppression."

Hector's passion dovetails perfectly with the ACLU's

tradition of standing up for fundamental constitutional

protections embodied in our Constitution and Bill of Rights.

As ACLU supporters know, due process and equal protection

apply to every person in the United States and are not limited

to citizens.

Community organizer Leonel Flores also traveled to Sac-

ramento to share his perspective on immigration. "I've been

active since 1994 in Fresno," Leonel explains. "I've organized

against Prop. 187, in favor of driver's licenses, in support of

citizenship and voting rights." As a well-respected community

leader, Leonel made sure to bring concerns and hopes to the

conference on behalf of other immigrants. "The conference

was an important opportunity to share information on needs

in the [Central] Valley, on work that's underway and changes

we hope to implement."

`The open conversation between ACLU supporters and al-

lies energized Dianne Segura, Board member of the ACLU

Sacramento County chapter. "I appreciated that the dialogue

included both issues and perspectives. When it comes to this

issue, one size does not fit all."

From the "Red Scare" of the 1920s - when immigrants

were summarily detained and deported because of their

political views - to now, the ACLU stands strong to make

the Constitution a living document for everyone in this

country.

A REAL LIFE HERO

Our 2010 conference was highlighted by a visit from a real life

hero, an ordinary American who took extraordinary risks to

fight for civil rights and liberties and was featured in the HBO

film American Violet.

Regina Kelly is a working-class African American woman

who faced trumped-up charges after a paramilitary-style nar-

cotics task force raided her neighborhood in Hearne, Texas.

Drug "sweeps" in Regina's neighborhood targeted low-income

African Americans based on the uncorroborated word of a

single, confidential informant coerced by police. Charges were

designed to elicit guilty pleas from as many innocent individu-

als as possible, and many frightened individuals pled to lesser

offenses rather than face decades behind bars. These tactics are

the hallmarks of the "war on drugs."

Regina chose to fight, even at the risk of losing custody of

her children. With the help of a team of committed ACLU

lawyers, she prevailed against the drug task force, a powerful

local District Attorney and rampant bias in the local criminal

justice system.

Regina took questions and shared details of her powerful

journey with ACLU-NC members after a screening of the

film. @

Miriam Gerace is the Senior Communications

Strategist at the ACLU of Northern California.

See related article on page 3.

ACLU members and supporters

preparing to lobby legistators at the

2010 Conference and Lobby Day in

Sacramento.

GET INVOLVED!

CHAPTERS AND CLUBS

IN YOUR COMMUNITY

Northern Calfornia Chapters

Berkeley/North East Bay

Chico

Greater Fresno

Mt. Diablo

Marin County

Mid-Peninsula

Monterey County

North Peninsula [Daly City to San Carlos]

Paul Robeson [Oakland]

Redwood (Humboldt County]

Sacramento County

San Joaquin

Santa Clara Valley

Santa Cruz County

Shasta-Tehama-Trinity Counties

Sonoma County

Stanislaus County

Yolo County

Campus Clubs

Golden Gate University

Santa Clara University Law

Stanford University

UC Berkeley

UC Davis King Hall Law

Get contact information at

WWW.ACLUNC.ORG/ACTION/CHAPTERS

or by calling (415) 621-2493 x369

ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF | 7

SUSANA MILLMAN

Scott Crichton

HOW DOES OPERATING THE

ACLU IN MONTANA PROVE

UNIQUE COMPARED TO OTHER

STATES IN THE US?

As the 4th largest state geo-

graphically, we have a popula-

tion of less than one million

people, and on the street

people still look one another

ACLU FORUM

ASK THE EXPERTS!

STRATEGIC AFFILIATE INITIATIVE

cott Crichton is the Executive Director of the ACLU

in Montana. In 2006, the ACLU of Montana was se-

lected to become part of the national ACLU's Strategic

Affiliate Initiative (SAI). The SAI, funded by The ACLU

Campaign for the Future, will significantly strengthen the

capacity of ten to twelve key affiliates over the next several

years. Crichton discusses the challenges and successes sur-

rounding civil liberties struggles in his state.

for attacking over-incarceration is

to link litigation with public policy

reform, highlighting the need for

jail standards and humane condi-

tions of confinement in prisons.

We are advocating for policies

that are smart on crime, that treat

mental health and drug addictions

as medical problems rather than

criminal problems.

WHAT 1S THE CLIMATE IN

MONTANA SURROUNDING

IMMIGRATION?

Montana is a border state, with a

long and proud tradition of having

more than 400 miles of unguarded

common boundaries with our

in the eye and offer greetings.

Practically, it means that gov-

ernment is still accessible to real people making real efforts

to communicate with a citizen legislature. (Ihey meet in

odd numbered years for a 90 day session). There is a strong

libertarian streak that runs throughout the body politic. 'm

not talking about "libertarian" as a party, but rather as a

way of looking at the individual in relationship to the gov-

ernment. That seems to transcend party lines and resonates

with Democrats and Republicans alike.

MONTANA WROTE ITS CONSTITUTION IN 1972. HOW IS ITS

iL `CENT CONCEPTION OF BENEFIT TO 0 PEOPLE E WHO ARE

DEDICATED TO PROTECTING CIVIL LIBERTIE EQ

ee constitutional scholars have called our state constitu-

tion one of the most enlightened social contracts ever drafted.

Thanks in large part to the herculean efforts of the Montana

League of Women Voters, a constitutional convention was

called for in 1970 which, due to a unique constellation of

historical factors, led to its creation in 1972. What matters

most to us as civil libertarians is that it includes an explicit

right to privacy and a right to human dignity. Not surpris-

ingly, much of our litigation is brought forward in state court

as we fight to preserve a woman's right to choose, establish

protections for our LGBT population and more.

COULD YOU DESCRIBE A TYPICAL DAY IN A TYPICAL WEEK

AS THE HEAD OF THE ACLU OF MONTANA?

There is no typical day - that's part of what I love about

this work. I'm always finding new challenges and learning

new lessons from what all comes our way. One example:

"Death with Dignity," or physician assisted dying, was

thrust upon us by 2008 litigation brought by Compassion

and Choices on behalf of a truck driver who was terminally

ill and wanted the aid of a physician in dying. The case

spawned a record number of amicus briefs anticipating

that the Montana Supreme Court `might rule on specific

provisions in our state constitution that provide for privacy

and human dignity. While the Court never reached the

constitutional issues, they did affirm the practice for doctors

to provide lethal doses for self administering - much like

exists in Washington and Oregon. We just convened a

hugely successful statewide conference called End of Life

Choices: A Community Conversation.

MONTANA WILL SOON BE ONE OF THE FEW ACLU AFFILIATES

WITH A FULL-TIME STAFF MEMBER DEVOTED EXCLUSIVELY

TO LEADING A STATEWIDE EFFORT TO END THE DEATH

PENALTY. MANY BELIEVE THAT iT MAY BE POSSIBLE T0 END

DEATH SENTENCING THERE IN THE WHY?

A federation of national fen penalty funders took

F NEAR TERM

notice in 2007 when we got a bill through the House,

and again in 2009 when we got a bill through our Senate

to become the first state to have a Republican controlled

chamber vote to abolish. We have come to understand that

we don't need everyone to agree that the death penalty is

wrong. In some cases, it is enough for some to reach the

conclusion it can't be done fairly, flawlessly or expeditiously,

and so they agree it is time to stop the practice. We are fo-

cused on organizing voices from law enforcement and from

the community of murder victims' families and are actively

reaching out to social conservatives and evangelicals so we

can prevail in 2011.

WHAT ARE OTHER ISSUES THAT THE ACLU OF MONTANA IS

PRIORITIZING THIS YEAR?

Criminal justice reform is a top priority. Our county jails

and state prisons are overcrowded and underfunded. While

Native Americans, our largest minority group, comprise

7% of our state's population, they account for nearly a

quarter of all male inmates and more than one third of our

female inmates. We are facing numerous challenges, not

the least of which is defending our victories. One strategy

That has

changed radically since September 11, 2001. There are xe-

Canadian neighbors.

nophobic legislators and "faux news" devotees who try to

scapegoat and demonize immigrants with divisive legisla-

tive proposals. There are no organizations here like La Raza,

and sadly, the Catholic Church has not made immigration

a high priority, so we are forced to be the lightning rods

on these issues as part of our legislative agenda. In concert

with a statewide human rights group, we managed to defeat

more than a dozen hostile bills introduced in 2009.

ACLU AFFILIATES IN LESS POPULOUS STATES STRUGGLED

FOR MANY YEARS WITH. LIMITED RESOURCES. HOW HAVE

THINGS CHANGED IN RECENT YEARS?

I am in my 22nd year as Executive Director. For most

of that time, our staff consisted of me and an office ad-

ministrator. Thanks to one generous Montanan donor,

we became the first small affiliate to hire a full time staff

attorney. We were one of five affiliates--along with Texas,

Florida, Michigan and Mississippi - as the first cohort of

states for the ACLU's Strategic Affiliate Initiative. It was

heartening to be recognized for being ambitious, account-

able, collaborative, disciplined and strategic in the way we

operated. Now, thanks to numerous generous donors across

the country, we have been given the opportunity to operate

much more like a full service affiliate. Our SAI plan allowed

us to bring on directors of public policy, communications,

and development. While they are "directors," they also em-

body the "department." In addition, we hired a seasoned

litigator who mentors a younger attorney who is focused

on jail and prison work. The growth has challenged me to

move from being a one man band to being a band leader.

I'm loving it. @

This interview was conducted by ACLU-NC volunteer

Field Correspondent Katy Fox.

To Our Members:

Mailings to our members and the general public provide opportunities to describe compli-

cated legal and political i issues in ways not possible in other media and to describe strategies

we plan to use for future actions. They enable us to explain, i in detail, the benefits and provi;

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

today's world, and the costs of preserving those rights. `We use the mail to inform people of

the i ee of " our a work and | to o solicit funds that enab

8 | ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF

YEAR IN

REVIEW

Dear Friends,

2009 was a roller coaster ride for all of us.

The year began with some highs. President Obama banned our government's use of torture, closed secret

CIA prisons around the world, and called for a new era of openness in government.

But we soon realized that our work to restore civil liberties was far from over. The new administration

invoked the "state secrets" defense to thwart ACLU lawsuits, just as the Bush administration had done.

Congress renewed the Patriot Act, allowing the government to continue spying on our phone calls,

e-mails and library records. Reforms of immigration laws and advances for LGBT rights stalled.

AHdVUSOLOHd SNVISH 908

And new challenges emerged, or we should say, resurfaced. A growing militant movement began

spreading in the United States, stoking racial bias, homophobia and xenophonic impulses. As we write this

letter, Arizona's Governor has signed into law an anti-immigrant bill reminiscent of California's Proposition 187, which passed in the recession of the 1990's.

We are daily reminded of a long-standing ACLU call: Eternal vigilance is the price of liberty.

The ACLU argues more cases before the Supreme Court than any individual or organization other than the United States government. Yet the ACLU is much more than

a formidable force in the courts. In state legislatures, cities and rural areas around the country and here in California, the ACLU pairs legal expertise with community

organizing to spark and sustain change.

This annual report shares our impact in Northern California in 2009. Here are just four of many highlights you can find in these pages:

+ We replaced abstinence-only sex education with comprehensive, medically accurate curricula in key school districts, ensuring instruction that is free of bias and

religious ideology;

+ Our advocacy demonstrated to lawmakers that opposition to the death penalty is stronger and more informed than ever - leading to a drop in death sentences

in key counties; :

+ We won and enforced key settlements in rural and urban school districts to ensure that schools are fairer and more welcoming for Native American, African American

and Latino students.

+ We secured significant victories in our work on national security, in cases dealing with extraordinary rendition and discrimination against airline passengers.

We are proud of several new initiatives we have launched this year that show promise for the future. Our Racial Justice Project investigated the extra-judicial factors

- such as lack of education, housing, and employment - that result in African American and Latino youth and adults being disproportionately overrepresented in the

criminal justice system. In light of the state's continuing budget crisis, we are pressing for sensible criminal justice reforms that reduce costs and increase public safety.

We started a multi-faceted initiative to strengthen our ties to advocates in the Central Valley, knowing that impoverished and isolated communities there are rife with

civil liberties violations that have remained unaddressed for too long. We have already taken steps to equip community partners with legal information - whether on

the rights of LGBT families or of immigrant farmworkers.

2009 was also a year in which we marked important milestones.

We celebrated the 75th anniversary of the ACLU of Northern California, founded in response to the killing of workers in the San Francisco waterfront strike of July 1934.

We also are near completion of our historic Campaign for the Future, which has enabled us to purchase our permanent home at 39 Drumm Street, one block away

from the location of the strike that precipitated our founding.

Your belief in the mission of the ACLU is a tremendous source of confidence and pride. And your contribution makes the work of the ACLU possible, not only here but

across the country. :

We invite you to read the highlights of our work over the past calendar year. And we thank you so much for being a part of the ACLU.

Sincerely,

Abdi Soltani, Executive Director Nancy Pemberton, Board Chair