vol. 79, no. 3

AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA

2 Vote in the Board of Directors Election

5 The ACLU Takes on Marijuana Policy

7 New Cases and Legal Updates

8 My School My Rights

10 Legislative Victories

NonProfit

Organization

U.S. Postage

PAID

Permit No. 4424

San Francisco, CA

American Civil Liberties Union Foundation

39 Drumm St.

San Francisco, CA 94111

VOTING RIGHTS RESTORED TO

THOUSANDS OF CALIFORNIANS

By Jess Jollett

en Sharron Bolden realized

she could not participate in

the 2012 presidential election, she

felt frustrated and discouraged. "I

have voted in the past and felt like

I had suddenly been silenced," said

Bolden. "It was not right or fair."

Whe AGEU aciced. More. than

50 years after the passage of the

Voting Rights Act, we're still fight-

ing to protect the right to vote.

Last year, the American Civil Liberties Union of California,

the Lawyers' Committee for Civil Rights of the San Francisco

Bay Area, and Legal Services for Prisoners with Children filed

a lawsuit on behalf of three people, including Bolden, who had

lost their right to vote because of a past felony conviction. We

also represented the League of Women Voters of California

and All of Us or None, a nonprofit organization that advocates

for the rights of formerly and currently incarcerated people

and their families.

How did this right to vote get taken away in the first place?

Then-Secretary of State Debra Bowen issued a directive to lo-

Plaintiff Sharron Bolden

cal elections officials in December 2011 stating that otherwise-

eligible Californians are ineligible to vote if they are on post-

release community supervision or mandatory supervision.

Our lawsuit challenged this as a violation of state law.

Under the California Constitution and state election laws,

only people imprisoned or on parole for conviction of a

CONTINUED ON PAGE 6

VISIT WWW.ACLUNC.ORG TO READ MORE

JOIN US

PU bee ACLU OF NORIGERN CALIEOR NA s

BILL OF RIGHTS DAY

CELEBRATION

SUNDAY, DEC. 13, 20195

NON Gin Nic Pome. NUNN and MIERON Bois

IMPACT HUB, 2323 BROADWAY, OAKLAND

To register online, visit www.aclunc.org/bord

For more information, contact Steven Medeiros at smedeiros@aclunc.org

@1 415 621 2493 1386

REBECCA RAUBER

FARAH BRELVI

The assault on the Bill of Rights

is continuing and the work of the

ACLU remains fundamental to

our democracy. I am especially

proud of my relationship with

the ACLU during election sea-

sons, when the religious freedom

of Muslim Americans has become a political football; the

ACLU has never wavered in its defense of the First Amend-

ment. I will also to bring my previous non-profit experience

to my ACLU-NC service: both as a vice-chair of the board

of Amnesty International USA and as a founding board

member of Muslim Advocates. I would be honored to serve

an additional term.

MILTON ESTES

If elected, I will be honored to

serve on the ACLU-NC Board of

directors. I have a long history of

passionate involvement with the

ACLU, locally and_ nationally,

since 1981. I helped write the

ACLU-NC's policy on HIV and

the HIV epidemic. I was the first openly gay chair of the

ACLU-NC Board, served for four years as the board chair,

and helped us direct more young people into significant

roles in ACLU-NC. Establishing and maintaining a diverse

board and a fiscally healthy organization has always been a

priority for me, and I served as chair of the Development

Committee of ACLU-NC for many years.

MARIA HEKKER

I am very honored to again be

nominated as a candidate in the

election of the AGUNG at

large Board of Directors. I am

grateful for this opportunity to

continue the ACLU's important

work in protecting the civil liber-

ties of Northern California's many diverse communities. I

am excited to have the opportunity to add my background

in the non-profit world, as well as my corporate, legal and

finance experience, to the myriad talents already resident in

the staff and on the Board of the ACLU-NC. Thank you

for your vote.

COLIN LACON

I am a long-standing resident

of the San Francisco Bay Area.

My professional career has

been spent in leadership roles

in the local government and in

the philanthropic community.

Throughout my life, I have

strived to make positive contributions to our society by us-

ing my experience, knowledge, and skills. At the center of

my values, I believe that all people should be treated fairly

and have opportunity to live a fulfilling life. I have chosen

to work with the ACLU because I believe it works to ad-

vance these opportunities.

CARLA LOPEZ

It is an honor to be nominated

to the Board of the ACLU-NC.

I am currently a student at the

USF School of Law and serve on

the Board of ACCESS Women's

Health Justice, an organization challenging reproductive

health barriers. Previously I worked as a program assistant

at the National Center for Lesbian Rights helping LGBTQ

immigrants seeking immigration relief through asylum and

U nonimmigrant status. I identify as an undocumented

queer woman of color and I look forward to contributing

my experiences and passion towards immigrant, LGBTQ,

and reproductive justice to the ACLU-NC. Thank you for

considering my nomination.

SIMIN SHAM JI

Simin Shamji has worked at the

San Francisco Public Defender's

Oltice. for Over 20) veats, Atter

practicing as a trial attorney for

many years, she began working

on criminal justice policy issues

including bail and sentencing re-

form, implicit bias, racial disparities, and evidence-based

alternatives to incarceration. Shamji was born in Tanzania

and moved to Santa Monica, Calif. when she was 10 years

old. After graduating from UCLA with a degree in po-

litical science, she attended the University of California,

Hastings College of the Law where she earned her law

degree in 1994. She has been on the ACLU-NC Board

since 2011. She lives in Berkeley, CA with her husband

and three kids.

SHALINI SWAROOP

Shalini Swaroop is an attorney

energy,

consumer protection, and en-

advocating on clean

vironmental justice issues. She

received her Juris Doctorate from

Berkeley Law School, where she

was elected student body presi-

dent. During law school, Shalini was a summer associate at

the ACLU Women's Rights Project in New York. She has a

long history of advocating for international and domestic

human rights with grassroots organizations, legal aid prac-

titioners, and the United Nations. Shalini has been a proud

member of the ACLU-NC board for two years, is currently

a member of the Executive Committee, and is the Chair of

the Legislative Policy Committee.

OLGA TOMCHIN

I am thrilled to continue serving

on the board. I bring expertise

in legal and organizing strate-

gies. | am currently Deportation

Defense Coordinator and Staff

Attorney at the National Day

Laborer Organizing Network,

where I fight the idea that immigrants with convictions

are disposable and work toward a world with no borders or

cages. Previously, I was a Soros Justice Fellow at Transgender

Law Center where I founded the Immigration Detention

Project. I myself am a queer refugee from the former Soviet

Union, grew up in Nebraska, and reside with my two won-

derful partners and therapy teacup chihuahua in Oakland.

MARK TONEY

Mark `Toney has served as ex-

ecutive director of TURN, The

Utility Reform Network, since

2008, promoting affordable green

energy and phone service through

legal advocacy and_ grassroots

BOARD NOMINEES 2015 CANDIDATE STATEMENTS

organizing. In the early 1980s, Mark was a named plaintiff

represented by RI ACLU and won a landmark RI Supreme

Court ruling releasing police brutality records under the

Public Records Act, The Rake v. Gorodetsky, 1982. Mark has

organized for social justice for 35 years, earned his B.A. in

political science from Brown University, his Ph.D. in sociol-

ogy from UC Berkeley, and has been recognized as a Kellogg

National Leadership Fellow.

BEVERLY TUCKER

During my 30-year legal career

working for government civil

rights agencies and labor unions,

the most rewarding work that |

did involved securing and defend-

ing the civil and constitutional

rights of workers, students, and

disadvantaged people. My service on the ACLU- NC board

and for the past nine months as board chair has allowed me

to continue to pursue justice, equality, and opportunity for

all Californians. | am excited at the prospect of continu-

ing this important work for another three-year term along

with my dedicated board colleagues and the committed and

excellent staff members. Please allow me to do so.

Please see the instructions at right,

then clip ballot below and send along with

your address label to:

Elections Committee

ACLU of Northern California

39 Drumm Street

Sala mrciiiGiS@On (c) 74 lala

Ballots must be received by noon on

Dec. 4, 2015

ne,

ACLU-NC BOARD OF

DIRECTORS BALLOT

| Please vote by marking one square next to

each candidate you support.

| You may vote for up to 10 candidates on this

ballot. If you share joint membership with

| another member, use both squares.

FARAH BRELVI

MILTON ESTES

MARIA HEKKER

COLIN LACON

CARLA LOPEZ

SIMIN SHAM JI

SHALINI SWAROOP

OLGA TOMCHIN

MARK TONEY

BEVERLY TUCKER

BOARD OF DIRECTORS

ELECTION

VOTING INFORMATION

WHO CAN VOTE: You cannot cast more than one vote for any candidate. That applies even if you vote

for fewer than 10 candidates. If you share a joint membership with another member,

The by-laws of the ACLU of Northern California call for the "at large" directors to each of you can vote for 10 candidates. Do so by using both of the two columns

be elected by our general membership. The label affixed to this issue of the ACLU provided for that purpose.

News indicates on the top line if you are a current member and thus eligible to vote.

Your label states "VOTE? if you are eligible to vote or "INELIGIBLE? if you are not After marking your ballot, clip it and enclose it in an envelope. Your address label (on

eleiniceey or the reverse side of this ballot) must be included to ensure voter eligibility.

If your label states that you are ineligible to vote, but you have recently renewed your ADDRESS THE ENVELOPE TO:

membership, please send in your ballot with a note that includes your name and

phone number, so we can verify your status. If you are ineligible because you have ELECTIONS COMMITTEE

not renewed your membership but would like to do so at this time, please enclose ACLU of Northern California

your membership renewal check in the same envelope as your ballot. (Please note 39 Drumm Street

that it is your membership dues payable to the ACLU, not tax-deductible donations Ganesranciscome oa)

to the ACLU Foundation, that make you eligible to vote.)

HOW THE CANDIDATES WERE NOMINATED: If you prefer that your ballot be confidential, put your ballot in one envelope, then

insert that envelope plus your address label in a second envelope and send to our

As explained in the summer 2015 issue of the ACLU News, our by-laws specify two Elections Committee at the address indicated above. In that case, we will separate

methods for nominating candidates for directorships. Candidates may be nominated YOUt envelopes before we count your ballot.

by the current board of directors after the board considers recommendations from its ne

In order for your ballot to be counted, we must receive it at the address shown above

nominating committee. Candidates may also be nominated by petition bearing the bynoonom Dec 4 0

signatures of at least 15 of our members in good standing.

As required by our by-laws, in order to have a quorum for our election, we need at

INSTRUCTIONS FOR VOTING: least 100 timely returned ballots from our members.

The candidates are listed in alphabetical order. We have 10 candidates running to To help you assess this year's candidates, we're including brief statements submitted by the

fill 10 vacancies on our board of directors. You may vote for up to 10 candidates. candidates (see page 2). We've also indicated how they were nominated.

iS y

( "

ADVANCING ECONOMIC JUSTICE ASA

CIVIL LIBERTIES ISSUE

iE the wake of the ACLU-NC's recent filing of a class action lawsuit on behalf of Fresno County residents charged with crimes and unable to afford an attorney, staff and Freedom Circle

supporters gathered together to discuss the intersection of economic justice issues across different areas of our work. The evening program, Gideon and Beyond: Advancing Economic

Justice as a Civil Liberties Issue, featured ACLU-NC Associate Director and Legal-Policy Director Christine Sun, Staff Attorney Novella Coleman, and Senior Organizer and Grassroots

Advocacy Manager Ashley Morris.

PHOTOS BY MARSHALL DINOWITZ

Ashley Morris, Novella Coleman, Christine Sun. Helen Desai, Danika Desai, Monica Henderson.

a

Ne

ALEXANDER SAXTON'S LIFE AND LEGACY

FOR LIBERTY

CLU members and donors are generous and inspiring in the world beyond what they give to the

CLU. Here, a look at the life of one man who made a bequest to the ACLU-NC, reflecting a life

of activism that will continue through his gift.

The civil liberties community lost an impor-

tant advocate when Alexander Saxton, a promi-

nent historian, activist, and novelist, died in

2012 at the age of 93. He was a longtime mem-

ber of the ACLU and an inspirational leader in

many movements for social justice.

Saxton was born in Great Barrington, Mass.,

and spent his childhood in the East Side of

Manhattan in a middle-class, though uncon-

ventional, household, where regular dinner

guests included well-known authors Aldous

Huxley and Thornton Wilder. To the dismay

of his parents and academic advisor, Saxton

dropped out of Harvard in 1939 and hitched

his way to the Midwest working on farms and

staying in migrant labor camps. In Chicago,

Saxton worked as a laborer and union organizer

in railroad roundhouses, steel mills, shipyards and

construction. Around this time, he joined the Communist

Party and launched a literary career writing proletarian

novels about this community.

Upon returning from World War II, Saxton and his wife

relocated to Marin County, where he worked as a carpenter

and wrote novels inspired by the racially diverse, working-

class community of Marin City, which had been built to

house those who were em-

ployed in the wartime ship-

building industry. Here,

Saxton observed the com-

plete segregation between

of Manin

City and the rest of afflu-

the residents

ent, white Marin County.

During this period, Saxton LEU

became an active organizer TH

of maritime workers and

longshoremen in Marin and

San Francisco, and waged the fight to integrate local labor

unions.

In 1951, Saxton was called before the House Un-

American Activities Committee (HUAC). His daughter,

Catherine Steele, remembers his response when asked

RiP AL TEODRILA

PAPAL EP EPS EPA

Membership ($25 and up) includes a subscription to the

ACLU News. For membership information call

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

CHAIR

EXECUTIVE DIRECTOR

EDITORS IN (c) ree

MANAGING EDITOR

DESIGNER

PROOFREADER

Beverly Tucker

Abdi Soltani

Rebecca Farmer

Gigi Pandian

Jessie Seyfer

39 Drumm Street, San Francisco, CA 94111

(415) 621-2493 | EDITOR@ACLUNC.ORG

|.

peo Ps

eet

Alexander Saxton with Catherine Steele and friend Mary Franke.

how things went at his interrogation: he said, "I stood

on the Fifth Amendment." Saxton later enrolled at UC

Berkeley, earning a doctorate in history. In 1968, Saxton

joined the faculty at UCLA, where he helped to found

the nation's first Asian American studies program, and

fought to integrate the faculty of the history depart-

ment. During his academic career, Saxton authored The

Indispensable Enemy: Labor and the Anti-Chinese Move-

ene TiROaioniia lo 7S),

. which demonstrates how

relied on

Chinese

to organize

labor unions

racism against

immigrants

white union members;

and lhe Rise and Wall of

the White Republic: Class

Politics and Mass Culture

Nineteenth Century

(ZOO), winien

was instrumental in estab-

" ESTATE in

America

lishing the academic field of "critical whiteness studies."

His 1975 paper "Blackface Minstrelsy and Jacksonian

Ideology" describes the ideology of white supremacy in

His daughter remembers the ACLU having an important

place in their family since childhood. "We grew up with

the ACLU-it was a part of our household. We all held the

ACLU close," she said. Saxton was particularly committed to

supporting the ACLU's racial justice work. In his later years,

he expressed his thoughts regarding money in a letter to

Steele regarding his estate plans: "Of course, being a Marx-

ist, I should be totally in favor of the inheritance tax, but

given the way our government chooses to spend its money, I

would rather contribute to non-profit organizations." Steele

emphasizes that while her father stands out as an individual,

"to accomplish significant political and social justice actions,

he was more of a `team player.' He would not tend to be a

speaker but would be a panelist; he worked in a carpenter's

crew; he would not take credit for himself but would look to

what `we' could accomplish by coming together."

Saxton retired from UCLA in 1990, but continued to

write and publish works of cultural history. When his failing

health prevented him from living independently, writing,

and going for walks, he made the decision to end his life

with a self-inflicted gunshot at his home in Lone Pine,

Calif. "He lived his life on his terms and ended his

life on his terms," Steele said. "He didn't want to in-

volve friends or family, because he knew that helping

someone to end their life was considered a crime in

California. If the state had allowed aid in dying, my

father could have chosen a more peaceful way to end

his life."

The ACLU believes that an individual's right to

decide to end his or her life is a matter of personal

privacy protected by the Fourth Amendment, anoth-

er reflection of the values that her father shared with

the organization, Steele noted. The "Aid in Dying"

movement achieved an important victory in Cali-

fornia this October when Gov. Jerry Brown signed

into law the End-of-Life Option Act, which allows

terminally ill Californians to request medication to

bring about a peaceful end to suffering.

One of the many ways that Saxton's remarkable advo-

cacy for civil liberties will continue is through the legacy

eit dat We made to tie a@LUrin mis estate. The AGLU)

of Northern California is deeply grateful for his thought-

ful and generous act, and to Steele, for ensuring that we

received her father's bequest this year.

With a Single Sentence,

YOU

Can Defend Freedom

Now and Forever

Right now, by adding the ACLU to your will, you

can leave a legacy of liberty for generations to

come and defend our freedom today.

Through

including a gift in your future plans can

qualify the ACLU to receive a 20% cash

matching donation today from our generous

the Legacy Challenge, simply

challenge donor.

For simple bequest language to include in

your will and for information on other gifts

that qualify for the Legacy Challenge, visit

WWW. ACLU ORG/LEGACY

or call [415] 621-2493 ext. 367.

AMERICAN CIVIL LIBERTIES UNION

THE ACLU TAKES ON MARIJUANA POLICY

he question of whether California should legalize adult use of marijuana beyond medical purposes

may well appear on the 2016 statewide ballot. The ACLU got involved in marijuana policy with the

goal of advancing racial justice and protecting constitutional rights, both of which have been under assault

in the War on Drugs. ACLU-NC Executive Director Abdi Soltani, Lt. Gov. Gavin Newsom, and Stanford

Professor Keith Humphreys led the 21-member Blue Ribbon Commission on Marijuana Policy to think

through what legalization in California could look like. This summer, the Commission released its findings

in the Pathways Report: Policy Options for Regulating Marijuana in California.

PPROACHE

- Focus on the public interest

+ Reduce the illicit market

" Provide protection of legal

market for responsible

actors _

" Capture revenue for public

SOs POLICY OPTIONS

" Industry structure

" Regulation of cultivation

" Regulation of sales

+ Level and type of tax

- Enforcement

` Data collection

` Investment of revenue

GOALS

One of the major findings is that the legalization of marijuana would not be an event that

happens in one election. Rather, it would be a process that unfolds over many years requiring sus-

tained attention to implementation. That process of legalization and regulation will be dynamic.

It requires using core approaches over time to promote the public interest, reduce the size of the

illicit market, offer legal protection to responsible actors, and capture and invest tax revenue.

`There are a range of policy options and tools, but the report makes clear we have to define the

goals we are trying to achieve.

Read the report at www.aclunc.org/brc-report.

" Youth: limit access, provide education and treatment

" Public safety: on roads, communities

" Environment: protect water, habitat, and wildlife

" Medicine: ensure patient access

- Consumer protection: product safety

" Workforce: safeguard workers

" Market access: level playing field for srnall- and mid-sized

actors to enter legal market

WE'RE LOOKING FOR

VOLUNTEER PHOTOGRAPHERS

Want to lend your talents to the ACLU

once or twice a year?

We have events throughout Northern

California, and the greatest current

need is in the Central Valley.

For details, email

GPANDIAN@ACLUNC.ORG

HOWARD K. WATKINS

THANK YOU SUMMER 2015 LAW and POLICY INTERNS

he ACLU of Northern California is committed

to training the next generation of public interest

lawyers and policy advocates. Our Law and Policy in-

terns have an opportunity to engage in our litigation and

policy advocacy throughout the summer. This summer,

interns (pictured at right) joined in an inaugural tour

of the Central Valley, led by Legal-Policy Department

Manager and Attorney Evonne M. Silva and ACLU-NC

staff attorney Angelica Salceda. The Central Valley tour

contextualized the ACLU-NC's expanding work in the

region, and the students witnessed the efforts of indi-

viduals and communities working toward justice across

the Central Valley. (R)

ACLU NEWS - FALL 2015 5

VICTORY: THE ACLU STEPS IN AND A CATHOLIC

HOSPITAL APPROVES A WOMAN'S PROCEDURE

By Elizabeth Gill

nder the threat of a potential lawsuit, a Catholic-afhliated hospital

in one of California's largest hospital networks made an unexpect-

ed move. It approved a previously denied doctor's request to perform

a post-partum tubal ligation, also known as "getting your tubes tied."

The approval from Mercy Medical Center came just days af-

ter the ACLU of Northern California sent a letter on behalf of

client Rachel Miller, charging that the hospital had unlawfully

denied her reproductive health care.

Miller and her husband had one small child in their family

and were eagerly expecting the arrival of their second baby.

They have always known that their family would be complete

with two children, so at the recommendation of her doctor,

Miller decided that she would like to get her tubes tied-a

safe, standard, and highly effective form of contraception-

after giving birth to their second child. Her doctor fully sup-

ported this plan, as performing the procedure at the time of a

C-section is the standard of care.

However, the hospital where Miller was scheduled for deliv-

ery is part of a Catholic hospital system, and operates under

ethical and religious directives issued by the United States

Conference of Catholic Bishops. Applying these directives,

which refer to sterilization for the purpose of contraception as

"intrinsically evil," the hospital denied Miller's doctor's request

to perform this common procedure.

Miller was shocked that the hospital wouldn't allow her

doctor to perform the procedure and tried to appeal, without

success. She sought legal support from the ACLU. After we

VOTIN

felony are ineligible to vote; it has long been clear that people

on other forms of supervision-such as felony probation or

drug-diversion-have the right to vote.

Therefore, last spring, an Alameda County Superior Court

judge ruled that Bowen's directive illegally stripped nearly

60,000 Californians of their voting rights. Bowen appealed and

continued the fight to disenfranchise the formerly incarcerated.

However, this August, California Secretary of State Alex Padilla

announced his withdrawal of the appeal, sending a clear message

that voter discrimination is not welcome in California.

"It is not lost on me that many states in our nation are ad-

vancing legislation to roll back the clock on voting rights, not

just for former offenders, but for all voters," Padilla said. "I

believe that California can stand as a beacon of hope-a pow-

erful example to those who would create barriers to voting."

Felony disfranchisement laws proliferated during the Jim

Crow era and were intended to bar people of color from vot-

ing. The impact of these laws continues today. An estimated

5.85 million American citizens cannot vote as a result of a

criminal conviction. These laws have a disproportionate im-

pact on African-Americans: nationwide, one in 13 African-

Americans of voting age cannot cast a ballot-a rate four times

the national average.

This reality is not lost on Bolden. "I want to vote because I

am African American. | want my people to excel, but we are

not going to if we cannot vote." By moving to re-enfranchise

citizens, California is taking an affirmative step for voting rights.

Many in the formerly incarcerated community understand

the power of voting. These Californians are often most im-

pacted by decisions made by our legislators and politicians.

sent a letter threatening to file a lawsuit if the hospital didn't

allow Miller's doctor to perform the tubal ligation, the hospi-

tal agreed to grant an exception and Miller's doctor performed

the procedure when she got her C-section.

While this is certainly a win for Miller, there remains a clear

conflict between the best interests of patients and the direc-

tives of the Catholic hospital system. All women should be

able to make the medical decisions that are best for them, in

consultation with their doctors. And religious institutions that

provide services to the general public-often with substantial

public funds-should not be allowed to claim religion as an

excuse to discriminate or deny important health care.

Catholic hospitals are increasingly ubiquitous in both Cali-

fornia and across the United States, and they are often the only

health care option for women, including in life-threatening

emergencies. For instance, Miller's hospital is part of the Dig-

nity Health hospital system, the fifth largest healthcare system

in the country and the largest hospital provider in California,

with 29 hospitals across the state. Because all of the surrounding

hospitals with labor and delivery wards are also Catholic, Miller

would have needed to travel over 160 miles to get her tubal liga-

tion covered by her insurance at the same time as her C-section.

Miller is lucky-she stood up for herself, and she is getting

Plaintiff Rachel Miller

the health care that she and her doctor have decided is best

for her. Miller gave birth to a healthy baby, and her doctor

completed the tubal ligation. But as long as Catholic hospitals

are allowed to apply the ethical and religious directives, many

women will be denied care because Catholic bishops are telling

medical professionals how to operate.

Elizabeth Gill is a senior staff attorney with the ACLU of

Northern California.

G RIGHTS RESTORED

CONTINUED FROM PAGE 1

"I'm on probation so there are certain things

IPeantvdo, said' beldem ton example, W have a

problem with the student loan applications ask-

ing if you have been convicted for drugs but not

for rape or murder. I want my right to vote on

that. Voting can change things."

Sadly, felony disenfranchisement laws impact

the broader community because many people

mistakenly believe a prior conviction prohibits

them from voting.

"We have always recognized that our voting

rights are larger than the right to cast a vote. It's

about the struggle for formerly-and in some

cases currently-incarcerated people to be re-

spected as citizens," said Dorsey Nunn, Execu-

tive Director of Legal Services for Prisoners with

Children and a plaintiff in the lawsuit. "Our votes

belong not just to us, but to our communities and

families."

This is an historic opportunity for entire com-

munities to understand the truth about who can

vote in California: only people currently impris-

oned in state prison or on parole (not probation

or community supervision) are prohibited from

voting. And once those people have completed

their sentence, their right to vote is automatically

restored-all they have to do is register to vote or

re-register if they were previously a voter.

Jess Jollett is a Communications Strategist at

the ACLU of San Diego and Imperial Counties.

Plaintiff Dorsey Nunn, who is being honored at the ACLU-NC's

Bill of Rights Day celebration on Dec. 13 {see page 1 for details).

6 AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA

GIGI PANDIAN

LEGAL UPDATES

By Bethany Woolman

Victory for Asylum Seekers: Alfaro

Garcia v. Johnson

In July, the ACLU of Northern California and the ACLU of

Southern California settled a nationwide class-action lawsuit

on behalf of thousands of immigrants facing lengthy detention

in the U.S. after fleeing persecution in their home countries.

Asylum seekers were being incarcerated in immigration jails

for months while the government processed their reasonable

fear determinations- a step in the application process that is

only supposed to take 10 days.

Under the settlement, individuals who must go through the

reasonable fear determination process will have their case re-

ferred to U.S. Citizenship and Immigration Services within an

average of five days, and officials must make a determination

within an average of 10 days from the time the case is referred.

"People seeking asylum have suffered enough trauma,"

said Julia Harumi Mass, senior staff attorney at the ACLU-

NC. "This settlement ensures that the government will not

compound their suffering by unnecessarily holding them in

indefinite detention while they simply seek refuge and safety."

Win for Free Speech: Christian Titman

v. Clovis Unified School District

Christian Titman was a senior at Clovis High School when

his father presented him with an eagle feather to recognize

his academic achievements and his upcoming graduation. Be-

cause the eagle feather carries cultural and spiritual meaning

for Christian as a member of the Pit River Tribe, he planned

to wear the feather on his cap during graduation.

But Clovis High School denied multiple requests from

Christian's family to allow him to wear the feather, claiming

it violated the dress code. Not only does state and federal law

protect freedom of expression for students, it recognizes reli-

gious freedom.

With only days to go before his graduation, the ACLU of

Northern California, California Indian Legal Services, the

Native American Rights Fund filed an emergency lawsuit on

Christian's behalf.

A settlement was reached in time to allow Christian to

proudly wear the eagle feather during his graduation ceremo-

ny. As part of the settlement agreement, the district will work

with Christian Titman and his family to discuss ways to better

respond in the future to requests from students for religious

expression during graduation.

"Schools should respect the requests of Native American

students who want to wear an eagle feather during gradua-

tion,' said ACLU-NC Staff Attorney Novella Coleman.

Victory for Traffic Court Due Process

The ACLU of Northern California sent letters to eight Califor-

nia counties, notifying them they were violating constitutional

guarantees of due process in traffic courts, and requesting an

immediate change in policy.

Across California, traffic courts were withholding the right

to contest a traffic citation until the fines and fees for the

citation were paid in full. Not only was this practice against

the law, it unfairly impacted low-income people and com-

munities of color, who are disproportionately profiled for

traffic stops.

Within weeks of the ACLU's campaign to halt this practice,

the Chief Justice of the California Supreme Court directed the

state Judicial Council to immediately take emergency action.

The Council later voted unanimously to make it clear that this

violation of due process would not be tolerated in California

courts. The Chief Justice also appointed a commission to take

a broader look at the impact of excessive fines, fees, and penal-

ties on court users in California.

"A person's right to appear in court-even traffic court-

should not depend on their ability to pay a fee," said ACLU-NC

Associate Director and Legal/Policy Director Christine P. Sun.

Victory for Sex Ed: American Academy

of Pediatrics, et al. v. Clovis Unified

School District

In 2012, the ACLU of Northern California sued the Clovis

Unified School District for teaching biased and inaccurate sex

ed that put students' health at risk. This May, a Fresno County

Superior Court judge ruled that the ACLU-NC suit was justi-

fied and that the District's sex education curriculum was out

of compliance with state law.

The ruling created a historic legal precedent that California

students have a right to sex education that is complete, medi-

cally accurate, and free of bias.

"Teens deserve complete, accurate health information,

which they'll need at whatever point in their life they become

sexually active. This ruling is a huge victory for students," said

Phyllida Burlingame, Reproductive Justice Policy Director for

the ACLU-NC.

NEW CASE: Stiavetti, et al. v. Ahlin, et al.

The ACLU of Northern California filed a lawsuit against

California's Department of State Hospitals (DSH) and De-

partment of Developmental Services (DDS) for violating

the constitutional rights of mentally ill and developmen-

tally disabled defendants who have been declared incompe-

tent to stand trial.

Under state and federal law, people who lack the abil-

ity to understand the nature of criminal court proceedings

cannot be tried or sentenced. They must be transferred out

of jail and into a DSH or DDS facility in a timely manner

so they can be evaluated, treated, and, if possible, restored

to competency so they can return to court and address

their charges. But in California, defendants wait in jail for

several months-sometimes over a year-before they are

transferred to a treatment facility.

"These defendants are exposed to dangerous jail condi-

tions while they await transfer to a treatment facility-with

devastating consequences to their health and well-being," said

ACLU-NC Staff Attorney Micaela Davis. "The state must

reduce the lengthy delays that these defendants face in being

transferred from county jail to the proper treatment facilities."

NEW CASE: Phillips v. State of California

The ACLU of Northern California filed a lawsuit against

Fresno County and the state of California, seeking to ensure

that the county's public defense system satisfies the require-

ments of the Constitution and provides actual assistance of

counsel.

Public defenders represent more than 25,000 people each

year in Fresno County, with each attorney shouldering up

to four times the recommended number of clients. Conse-

quently, thousands of Fresno County residents are forced to

navigate the criminal justice system without the adequate

legal representation that is guaranteed by the Constitution.

"Getting a fair trial should not depend on how much

money you have in the bank," said Novella Coleman, Staff

Attorney with the ACLU-NC. "But in Fresno County, if you

cant pay for a private attorney, you must rely on a public de-

fense system unequipped to meet even basic legal needs."

Read more legal updates online at www.aclunc. org/cases.

Bethany Woolman is a Communications Strategist at

the ACLU of Northern California.

POLICE ABUSE LAWSUITS

National Lawyers Guild v. Hayward PD

In September, the ACLU of Northern California and the Law

Offices of Amitai Schwartz filed a lawsuit against the City of

Hayward and its Police Department for charging thousands of

dollars for body camera footage requested under the California

Public Records Act.

The footage requested shows officers patrolling Black Lives

Matter demonstrations in 2014, during which a number of

protestors were injured by police.

"The Public Records Act and police body cameras have one

thing in common: both are intended to promote government

transparency and accountability," said Alan Schlosser, Senior

Counsel with the ACLU of Northern California. "Prohibi-

tive costs only serve to make these records unavailable to the

public."

Travis Hall v. San Francisco PD

Also in September, the ACLU of Northern California and

the law firm of Keker and Van Nest filed a lawsuit against

the San Francisco Police Department for excessive force,

unreasonable search and seizure, and false imprisonment

on behalf of Travis Hall, a 23-year-old Black San Francisco

graphic designer.

Travis Hall suffered a concussion and cuts and bruises to

his neck and head after plainclothes police officers pulled

him from a friend's car while he was being dropped off at his

mother's house, and beat him on the sidewalk.

"No one should be treated the way Travis was treated,"

said Nayna Gupta, who is representing Hall on behalf of the

ACLU. "This case is a reminder of the abuse of police power

that occurs regularly here in the Bay Area."

ACLU NEWS - FALL 2015

Travis Hall and his mother at the ACLU of Northern

California press conference announcing the SFPD lawsuit

KNOW YOUR RIGHTS!

tudents in California public schools have the right to be treated fairly and with respect by other students

and school staff. For the start of the school year, the ACLU of California created the My School My

Rights campaign, featuring Know Your Rights materials on seven issues facing students. Read more about

the campaign and about other areas of student rights at www.myschoolmyrights.com.

Do I have the right to refuse to be searched?

YES. You always have a right to refuse a search and you

should make clear that a search is taking place over your

objection. But you should not use physical resistance to stop

a search

Can my school search me without my consent?

YES, but only under certain circumstances. First, your

school must have a reasonable suspicion that searching you

will turn up evidence that you violated a school rule or

law. Second, the way your school does its search should be

reasonable based on what is being searched for and your age.

What is reasonable suspicion?

Unfortunately, there is no exact definition. But a reasonable

suspicion should be based on facts specific to you or your

situation. It cannot be based on a rumor, hunch, or curiosity.

For example, a teacher cannot ask to search a bag for drugs

based only on the look of the bag.

Can my school conduct a random search of stu-

dents in my school?

YES. But these random searches must be based on special,

school-wide needs such as ensuring school safety and should

be truly random. A random search cannot be used to target

any individual student.

Can my school strip search me?

NO.

Can my school search my locker?

SOMETIMES. If your locker is considered personal

property, then your school may not search your locker

unless it has a reasonable suspicion that it may find

something against either the law or school rules. But if your

locker is considered school property, then your locker can be

searched. Your school must give you notice that your locker

is school property, such as in student handbooks or posted

signs on Campus.

Can my school use drug-sniffing dogs in my school?

YES, but there are limits. Your school may use dogs to search

for drugs on campus, including unattended belongings

like backpacks. But it must have a reasonable suspicion to

search those belongings. If someone at your school tells you

to leave the classroom while drug-sniffing dogs conduct a

search, you should try to bring your things with you.

Can my school conduct general metal detector

searches?

YES, so long as the students searched are picked randomly.

For example, your school may put a metal detector at the

front door to make all students pass through. But if your

school wants to single you out for a metal detector search, it

must have a reasonable suspicion that it will find something

against the law or school rules.

Can my school make me take a random drug test?

USUALLY NOT. Your school may only conduct random

drug testing of students who participate in extracurricular

activities. Your school cannot force you to take a drug test

under other circumstances.

Do I have the right to refuse a search conducted by

a police officer in my school?

YES, you have the right to refuse a search just as you have

that right with school officials.

Do regular police officers have to follow the same

rules as school officials?

At a minimum, police officers must have reasonable

suspicion to search you. And, under some circumstances,

they need even more than that.

SEARCHES OF STUDE!

Can my school use evidence it finds in an illegal

search against me in court?

NO. If school officials or police officers illegally search you,

they cannot use what they find against you in court. But

your school can use evidence from an illegal search in school

disciplinary proceedings.

(3 4

MY SCHOOL

MY RIGHTS

5 KNOW YOUR RIGHTS

ALL STUDENTS IN CALIFORNIA HAVE A RIGHT TO AN EDUCATION,

But 1 in 5 high school students do not graduate in four years.

Stop the pushout of California students and stand up for your rights.

AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA

MOBILE JUSTICE CA: THE PEOPLE'S BODY CAMERA

By Hector Villagra

Nae man was dead, another man who could not

challenge the police report on how he died. The of-

ficial report in this case said North Charleston, S.C. Police

Officer Michael T. Slager shot and killed Walter Scott, an

unarmed black man, after Scott attempted to take the of-

ficer's Taser and use it on him.

But a bystander's video captured the deeply disturbing

incident and showed that report to be a blatant fabrication.

The whole world has now seen Slager firing eight times at

Scott's back after he began running away. Slager has been

charged with murder, but his false story would have gone

unchallenged had it not been for the video.

Video images have clearly become a powerful tool in

documenting encounters between the public and police.

The ACLU of California wants to make it more likely that

even more individuals will use their phones to record those

incidents, enabling the public to hold officers accountable

when they cross the line.

That's why the ACLU of California released the Mobile

Justice app, a new smartphone app that allows users to ef-

fectively record law enforcement officers. Once the phone

stops recording, the app quickly uploads a copy of the

video to the local ACLU office. So it doesn't matter what

the officer or anyone does with the phone or to the record-

ing on the phone because the video will already have been

transmitted.

Mobile Justice CA comes at a time when the public is

demanding increased transparency and accountability.

But law enforcement has been slow to respond. While

transparency and accountability are not guaranteed, some

departments have begun to equip their officers with body

cameras. This reform promises to bring greater clarity to

controversial encounters that often end with the only per-

son who can dispute officers' accounts dead.

But body cameras are only one tool, and some depart-

ments seem intent on using them in ways that don't further

accountability and transparency. Los Angeles police officers

wearing body cameras were among those who fatally shot a

SANDRA BLAND'S

By Nayna Gupta

Soe Bland, the woman found dead in her Texas jail cell

while in police custody this summer, had a constitutional

right to give her arresting officer the middle finger. She could

frr*

have even told him to off. Nothing in the law prevented

her from being rude.

The ACLU has long fought for the First Amendment right

to express disagreement or even anger towards government

officials, including police officers. And yet, when it comes to

educating communities of color about their rights during inter-

actions with the police, it would be irresponsible to ignore the

harsh reality that openly asserting rights could lead to arrest or

consequences much worse. Indeed, in our Know Your Rights

guide we say: "Don't disrespect the officer. Although you have a

constitutional right to do so, it could lead to your arrest."

`This advice is not based on the law, but on the realities

of decades of negative police interactions in communities of

color. As multiple studies confirm, people of color are dispro-

portionately stopped, frisked, searched, arrested, and victims

of excessive use of force.

But the racial bias and other problems that infect police

departments are not just issues in places like Prairie View,

Texas, and Ferguson, Missouri. In fact, California leads the

nation in police-involved killings-648 nationwide this year,

with 115 from California. In San Jose, although Black and

man on Skid Row in March. The department has refused

to release the video, saying it will release it only when it is

part of a criminal or civil case. Some police groups have

recommended legislation that would exempt all police

body camera footage from public records requests - even

footage of police shootings.

Likewise, departments that give officers wide discretion

to decide when to record or fail to provide sanctions for not

using the cameras frustrate the cameras' purpose. Last year

an Albuquerque, N.M. police officer shot Mary Hawkes,

an unarmed 19 year old, in the back and killed her. Though

equipped with a body camera, the officer didn't turn his

camera on and record the shooting. He was later disci-

plined for failing to use his camera, but only after he had

failed to turn it on five different times.

The ACLU's Mobile Justice CA app puts the power to

ensure transparency in the hands of the people. With so

many people carrying cell phones with cameras, the whole

world could be watching with just a touch of the phone's

Screen.

And that simple touch could be what makes the differ-

ence in holding law enforcement accountable. Police body

cams may prove to be effective tools in curbing police abuse.

But bystanders' cameras can be more powerful. Those im-

ages are not subject to police control, and like the Scott

shooting, the footage they capture is immediately available

for the whole world to see. @

Download the app at www.mobilejusticeca.org.

Hector Villagra is the Executive Director of the ACLU of

Southern California.

ONLY CRIME: SHE KNEW HER RIGHTS

Latino residents are a third of the population, they represent

nearly two-thirds of individuals stopped. In San Francisco, a

Black resident is seven times more likely to be arrested than a

white resident.

So, it's no surprise that even as a staunch free speech advocate,

we tailor our message to inform communities of color of their

rights within context of the dangers posed by the status quo.

af

p

Pek

But Sandra Bland didn't follow the conventional advice.

She wasn't deferential and she wasn't obsequious. She exer-

cised her First Amendment rights and in doing so, objected

to the status quo. In response, the police officer stopping her

pulled out a taser, yanked her from the car, assaulted and

then arrested her.

But reducing Sandra's tragic story to a cautionary tale about

the risks of talking back to police officers misses the point. Ad-

vocates for civil rights and civil liberties shouldn't have to tell

people of color that the best way to protect themselves from

police brutality and state violence is to act deferentially. Or,

that when it comes to the police, it's safer to forgo consti-

tutional rights. After all, the freedom to verbally challenge

police action without the fear of arrest is what distinguishes a

free and democratic society from a police state.

Ultimately, police departments must also contribute to a

cultural shift in how police officers interact with communities

of color. Police chiefs and officers must take a lead not only

because communities of color are worthy of fair policing, but

also because police legitimacy in a democratic society like ours

depends on it.

Nayna Gupta is the Racial Justice Fellow at the ACLU of

Northern California.