Open forum, vol. 68, no. 6 (Summer, 1993)

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The American Civil Liberties Union of Southern California


Taya Carla


BY ALLAN PARACHINI


In November, the state ballot will include


aschool voucher initiative that could destroy


California's public education system. The


ACLU, both locally and statewide, has taken


a lead role in the effort to defeat that ballot


institutions as well as any religiously spon-


sored school. In fact, any individual who can


convince the parents of 25 prospective stu-


dents to enroll in his/her school will be


eligible for voucher money normally in-


tended for public schools.


One of the main


The School Voucher Initiative Threatens


io Destroy California's Education System with


Bankruptcy, False Hopes, and Discrimination.


arguments of


voucher proponents


is that the California


school system is fail-


measure and to defend equal educational


opportunities for all of California's children.


In Southern California, the ACLU/SC


has recently co-founded a coalition of 15-


organizations opposed to the initiative. The


coalition includes traditional civil rights


groups like the Southern Christian Leader-


ship Conference, the NAACP Legal De-


fense and Educational Fund and the Mexi-


can American Legal Defense and Educa-


tional Fund (MALDEF). It also includes


labor unions, the Legal Aid Foundation of


Los Angeles, Jewish organizations, the


American Friends Service Committee, the


League of Women Voters, Children Now


and other advocacy groups.


The coalition, whose initial organizational


meeting was held at the ACLU in mid-July,


is believed to be the first anti-voucher group


in the state whose institutional membership


is drawn primarily from outside the educa-


tional professions.


Education experts who spoke at the meet-


ing said that passage of the initiative would


widen the divide between schools serving


poor and middle class students and those


serving affluent children.


The initiative would provide vouchers of


$2,600-to be paid out of state school


funds-to allow parents to send their chil-


dren to any private school. Placed on the


November ballot by Gov. Pete Wilson at the


behest of conservative groups dominated by


the religious right, the initiative would open


the way for direct state support to religious


schools, including both traditional parochial


ing. However, the


voucher initiative would do nothing to im-


prove the state's schools. Instead, it would


drain millions of dollars away from an al-


ready embattled system and drastically


worsen a critical situation.


The campaign to pass the ballot measure


also creates the false hope among mid- and


low-income voters that their children could


be enrolled at exclusive, academically


presitigious private schools.


In addition, the voucher stipend of $2,600


would barely dent the tuition at the vast


majority of private schools. In fact, such


elite schools have restrictive enrollment poli-


cies and are already operating at or near their


enrollment capacities.


Although Vermont and Wisconsin al-


ready have limited school voucher systems


in operation, the approach proposed for Cali-


fornia would be far broader than any voucher


plan ever enacted. Organizations of the


religious right in several other states are


closely watching the California vote, intend-


ing to press for similar voucher plans if it


succeeds here. =


Besides the blatant disregard for the con-


stitutionally mandated separation of church


and state, the voucher initiative raises vari-


ous other civil liberties concerns. Private


schools which would be supported by tax-


payers money would not be required to pub-


licly account for their budgets and could


maintain secrecy in many of their opera-


tions. Students would have little, if any,


redress in disciplinary or other disputes.


please see School Vouchers, page 3


- Has L.A. Voted Away


eform?


A eS)


ce i


Ss =


Police Commission President Jesse Brewer


talks about the fight to save the LAPD


from Dick Riordan's City Hall.


Jesse Brewer in conversation


with Ramona Ripston. see Page 4


velop a mini-mall on the site.


thern California


Sacred Native American


Grounds Desecrated


by Cal State Long Beach;


University Plans to Build Mini-Mall on Site


The ACLU Foundation of Southern California has


-issued a letter to California State University, Long Beach,


on behalf of members of the Gabrielino and other Native


American tribes, demanding that the university discontiue


disturbing the last, undeveloped remnants of the Puvungna


villages-a well-documented historic and religious site on


the CSULB campus. The university has planned to de-


of Southern California


Summer 1993 Vol. 68 No. 6


GINA LOBACO


Jake and Tammy Brown


Judge Takes Children from Mother


After She Marries African-American


BY OPEN FORUM STAFF


In 1988, Tammy Brown and her boys, Christopher and Steven, came to Los Angeles from


Meridian, Mississippi, seeking a new life and an escape from her abusive husband. Tammy's


divorce decree gave her full custody of the couple's children, with summer visits to their father


in Meridian.


In 1989, Tammy broke the oldest taboo in the South-she started dating an African-


American man named Jake Brown. That decision has cost her the custody of her children.


During their summer visit to Meridian in 1990, the two boys told their grandparents that


Tammy had a friend and that her friend was black. The grandparents said they would never


permit the boys to go back to such a situation and convinced a Mississippi judge to take


"emergency jurisdiction" over the boys. The "emergency" was the inter-racial relationship


between Tammy and Jake and the fact that Tammy's openly lesbian sister babysat for the boys


on occasion.


After the first court hearing in October of 1990-a hearing riddled with racial references


to Jake-Tammy tried to take her boys home but was met by the grandmother and a pistol.


She returned home to California and in November of 1990 she married Jake Brown.


In December 1990, the same judge held another hearing and found, to the amazement of


Tammy's lawyers, that Tammy had waived any objection to the jurisdiction of the court. After


the boys' father conceded he was an unfit parent, the judge then proceeded to grant full custody


to the grandparents. On Christmas, Tammy Brown was thrown in jail for trying to take her


children and ordered to post a $10,000 bond if she wanted to see her boys outside of the


presence of the grandparents.


The case was appealed but the Mississippi Supreme Court upheld this decision without an


opinion.


By the time Tammy Brown came to the ACLU she had no money to hire lawyers and no


hope. The ACLU Foundation of Southern California has taken this case because it presents


please see Mother, page 3


the event of a lawsuit.


Cal State Long Beach is built


on the remains of the Puvungna


villages, a prehistoric and _his-


toric site originally spread over


more than 500 acres. The


Gabrielinos and neighboring


tribes believe that Puvungna was


the birthplace of the god and lawgiver Chungishnish, and that


it was the spiritual center from which Chungishnish instructed


his people.


In addition to the burial sites and sacred artifacts con-


tained in the ground, the land itself is of immense spiritual,


historic and cultural significance. The site is still used for


religious and spiritual rituals, and a portion of the land


is designated a historic place by the National


BY LENA CHAO


please see Puvungna, page 7


The letter, sent on June 17, also demanded that the `


university allow the Native Americans access to the land


while the Native American Heritage Commission (NAHC)


decides what action to take regarding the sacred site.


In a hearing held on Friday, June 18, the NAHC


requested that the university leave the land alone, and


voted to ask the California Attorney General to represent


them in a possible lawsuit against the university. The


ACLU would represent individual Native Americans in


Patently Unconstitutional: Clinton Backs Down on Lesbians and Gays in the Military. see ee


tc


ALLAN PARACHINI


The Cost of Language Discrimination


When it's a question of corporate profits versus human need, the answer is painfully familiar


i BY KEVIN C. SPEARS


Jorge Ramirez, 8, contracted Reye's Syndrome at four


months of age after being given Plough's St. Joseph Aspirin


for Children. His mother, who speaks only Spanish, was unable


to read the warning label which was printed entirely in


English. Jorge is now quadriplegic, blind and severely men-


tally impaired. His condition requires 24-hour supervision.


Jorge Ramirez and his mother, Rosa Rivera


The Ramirez family has filed a lawsuit against the drug's


manufacturers, Plough, Inc., for failing to issue an under-


standable warning about the known dangers of Reye's Syn-


. drome.


The lawsuit, Ramirez v. Plough, is potentially a landmark


case in the area of language discrimination-particularly


with regard to critical health warnings on over-the-counter


drug products. 7


"Plough sold and advertised its product in the Central


Valley-an area with a large population of Spanish-speaking


consumers," said Robin Toma, staff attorney for the ACLU


Foundation of Southern California. "It also advertised its


product in the Spanish-language media.


"We want to send the Court the message that it should not


allow multinational corporations like Plough to use Spanish


only when it promotes their sales and brings them profits.


Corporations must be made socially responsible to warn


consumers of the known dangers of their products."


The ACLU Foundations of both North-


ern and Southern California are part of a


national coalition of civil rights and health


care advocates that have urged the Cali-


fornia Supreme Court to allow Jorge's


suit against to go to trial.


Plough is seeking to categorically ex-


clude all non-English speakers from the


protections that the law affords all con-


sumers. A California appeals court over-


turned an earlier decision by a trial judge


who declared that Plough had no duty to


warn consumers in Spanish. The Cali-


fornia Supreme Court will decide whether


the case can be heard by a jury.


"He really can't do anything by him-


self," said Jorge's mother, Rosa Rivera.


"He is blind, he can't walk, he cannot


really function at all.


"It's hard work for me because I work


six hours a day and my husband cannot


work because he has to spend most of his


time taking care of Jorge."


Other non-English speaking mothers of young children


who were targeted by Plough's Spanish-language advertise-


ments were also unaware of the devastating side effects of


giving aspirin to their children under certain conditions. "I'm


also hoping that other children don't have to go through the


same thing," said Rivera.


The other public interest groups involved in the case are


Trial Lawyers for Public Justice; Public Citizen Health


Research Group; and the Mexican American Legal Defense


and Educational Fund. : x


The UC Message is Clear:


political purpose."


The suit represents an important chal-


lenge to discriminatory hiring practices


fessors for their community activism


"Progessives Need Not Apply? smite


BY KEVIN C. SPEARS


Joining.a coalition of public interest lawyers, the ACLU


Foundation of Southern California has entered into lawsuits


in federal and state courts on behalf of a professor at Califor-


nia State University, Northridge, over the denial of his


application for a professorship at the University of Califor-_


nia, Santa Barbara. Dr. Rodolfo Acufia, has sued the univer-


sity regents and others for employment discrimination based


on race, ethnicity, age, and political views in violation of the


California Constitution.


Dr. Acufia is the founding chair of the Chicano Studies


Department at Cal State Northridge-one of the firstsuch


programs in the country and one cited as the premier program


of its kind by the Ford Foundation. Internationally respected


as one of the most distinguished esperts in his field, Dr.


Acufia was formally asked to apply for the UCSB position in


the fall of 1990 .


However, upon review of his career and writings, UCSB


claimed that Dr. Acufia lacked the scholarship and the


requisite academic experience supervising students neces-


sary for a full professorship.


A UC review of Dr. Acufia's application held that


"Acufia's fiery brand of advocacy [is not] appropriate for


a professorship in the University of California."


The analysis also expressed doubts as to whether Dr.


Acufia's teaching is unbiased. "[I]ndeed," said the report,


"(this reviewing agency] has every reason from the record to


suppose that it would be strongly politically proactive.


"This reviewing agency having read Professor Acufia's


work, finished that task feeling strongly that he is an inveter-


ate polemicist and pamphleteer who ignores the rules of


evidence, fills his work with angry pronouncements on a


wide array of subjects, and flagrantly, openly, and apparently


on purpose shapes his analyses and narrative to serve a


and vigorous exercise of their First


Amendment rights. Dr. Rudy Acufia is an important figure


in the Chicano community and the denial of his appointment


has been a rallying vehicle for Chicanos and progressives


throughout the state.


"The University of California should be a bastion of free


expression and thought," said ACLU Staff Attorney Robin


Toma. "But by denying Professor Acufia's tenure because of


his outspoken activism on behalf of Chicanos, Latinos and


against injustice of all kinds, the UC has punished him for


exercising his constitutionally protected free speech rights." =


Dr. Rodolfo Acuna


ACLU/SC Forms Coalition for Massive Suit


County Fails to Provide


Health Care to the Poor


BY LENA Cyao


The ACLU Foundation of Southern California has joined


a coalition of legal and health care advocacy groups in filing


a class action lawsuit against the Los Angeles Board of


Supervisors and the Los Angeles County Department of


Health Services for failing to provide adequate health care


services to indigent residents.


The lawsuit, Tailfeather v. County Board of Supervisors,


charges that the county has failed to adopt any written


standards to evaluate and ensure that necessary medical


services are provided to the poor in a timely manner at the


county's hospitals and health centers. Consequently, the


health care system has been allowed to deteriorate to a level


far below minimal standards of adequacy.


"Access to health services in a timely manner is essential


to achieving an end to patient suffering," said ACLU Staff


Attorney Silvia Argueta. "Thousands of low income and


indigent persons rely on the county health system for care, It


is time that health care is recognized as a fundamental right.


Everyone in Los Angeles County should be able to receive


adequate health care."


At Olive View Medical Center, a woman died of a


ruptured aortic valve after waiting more than eight hours to


be seen in the emergency room. Another woman with


suspected uterine cancer was advised to get a hysterectomy


because she would receive the surgery sooner than a biopsy


from Harbor-UCLA Medical Center.


Currently, a diabetic with failing eyesight will have to


wait more than 200 days at L.A. County-USC Medical


Center for an appointment at the ophthalmology clinic,


during which time he or


she may go blind. At sev- :


eral other clinics, the back- One woman died of


log has grown so large that a ruptured aortic valve


they are unable to accept a


any new patients: after waiting more than


In an attempt to block | eight hours to be seen in


the proposed $101.8 mil- :


lion cut that would result in the emergency room.


the closure of four of six


comprehensive health care


centers, the coalition took


its case directly to the Los


Angeles County Board of


Another with


suspected uterine cancer


Supervisors. In addition to was advised (o geta


testifying at a county bud- hysterectomy because


get hearing, the coalition h fires


submitted sworn statements 2 ge ee


by doctors, nurses and pa- surgery sooner than a


tients who would be af- :


fected by the cuts in health biopsy from Harbor-


Sous ee UCLA Medical Center.


In a sworn statement,


aaa


Dr. William Hayling, chief


of ambulatory obstetrics/gynecology at King/Drew Medical


Center, said doctors at the King/Drew OB/GYN clinic see as


many as 120 patients a day, and the fact that women are


required to wait three months for an appointment makes it


difficult to catch some diseases in the early stages.


"If funds to an already overburdened facility like King/


Drew are cut-a facility which serves a highly populated


community-we will inevitably be forced to treat many


diseases and illnesses in the full-blown stages which can


erupt into an economic holocaust," said Hayling.


Adoption of the $101.8 million cut in health care services


would result in the closure of the Hubert H. Humphrey and


H.C. Hudson comprehensive health centers in Los Angeles,


the Long Beach health center, and the Mid-Valley health


center in Van Nuys. These closures will eliminate 620,000


public health and ambulatory care visits and 784 positions.


The proposed curtailment would also result in closing


between 20 and 29 of 41 health centers throughout the county,


eliminating between 690,000 and 1,000,000 public and


ambulatory care visits and approximately 800 positions.


According to Ruthie Mufioz, a registered nurse and nurscent


manager at Los Angeles County/USC Adult Medicine Clinic,


her clinic sees 4,000 patients a month. The cuts would


require the clinic to see 1,200 fewer patients a month, oF


- 14,400 fewer patients a year. If the cuts go through, Munoz


said, many patients would die.


"These cuts would put us in a position of having '


choose who gets treatment and who does not and, conscent-


quently, choosing who lives and who dies," said Muioz,


"How can we do that?" :


2 ACLU of Southern California Tas


au),


"


i 4


`


|


ACLU REPORT BLASTS


" SCHOOL METAL DETECTORS


Study also urges an end to mandatory expulsions


and safe routes of travel between school and home.


BY ALLAN PARACHINI


Safety within public schools has become


acritical issue in Los Angeles. And, begin-


" (c) ning in early June of this year, the ACLU of


Southern California began a major


initiative on the matter. The first


step has been the publication of a


" " comprehensive report which con-


cludes-among other things-that


the much vaunted metal detector


program underway in Los Angeles


area schools is irrelevant to assur-


ing safety.


The ACLU report, "Safety and L.A.


Schools," was the product of a four-month


research project by the public affairs and


(R)"- |egal departments.


Release of the report attracted significant


media attention and, in addition to routine


news contacts, ACLU Foundation attorneys


and other ACLU staff members met with


City Councilmembers, members of the Board


of Education and others in order to address


the problem.


One of the report's key recommenda-


." tions has come under much criticism. The


recommendation encourages school officials


to exercise discretion in disciplining stu-


dents who bring weapons to campus and to


discontinue a blanket policy requiring auto-


matic expulsion of such students.


"As with many ACLU positions, our


approach to achieving school safety has been


met with initial criticism and resistance.


`That is because these issues are difficult and


extremely complex. The problem cannot


be solved by politically popular, quick-fix


solutions," said Ramona Ripston, ACLU


executive director.


"But when people listen carefully to our


The ACLU report found that in the first two months of its operation, the


This is due, in part, to school officials who are implementing the school


arguments, our evidence and all of our rec-


ommendations-not just the recommenda-


tions to scrap the LAUSD metal detector


program and to pull back from automatic


expulsions-they see it is only common


sense. These are logical, comprehensive


and just approaches. But since they are not


in lock-step with prevailing, simplistic poli-


tics, they are often criticized on a superfi-


cial level."


The ACLU report found that in the first


two months of its operation, the LAUSD's


very expensive metal detector program had


not discovered a single gun. The devices are


currently used to screen students in more


than 100 high schools.


It should be empha-


sized that expulsion here


means that a child is ex-


pelled from the entire Los


Angeles Unified School


District. That district


stretches from San Pedro


to Sun Valley and from


East Los Angeles to the Pacific Ocean.


And once a child is expelled from the


LAUSD it will be very difficult for that


child to be placed in another school dis-


LAUSD's very expensive metal detector program had not discovered a single gun.


In the same period, however, gun-related expulsions have doubled.


district's mandatory expulsion policy with a vengeance.


trict. Even if that did occur, transportation


to such a district outside the LAUSD would


be prohibitive in many circumstances.


It is therefore nothing less than a child's


education and future that is at stake with


expulsion. And with the current mandatory


policy, school administrators have been


stripped of employing any discretion. The


policy is simplistic and draconian with no


opportunity for mitigating factors to be con-


sidered-such as the particular circumstances


of the incident or a student's history, be it


spotless or checkered.


Swept up in this dragnet have been chil-


dren carrying cap guns, BB guns and toy


guns. Several cases involving improper ex-


pulsion are under review by ACLU lawyers.


In mid-June, the ACLU sent the school


board a. warning letter that acknowledged


that the ACLU strategy on school safety


hopes to avoid litigation. However, the letter


warned that if overly zealous application of


the expulsion rule does not cease, litigation


over inappropriate individual expulsions


may be filed against the LAUSD.


The ACLU report found that guns are


extraordinarily accessible to school age chil-


dren. The vast majority of chil-


dren surveyed said that guns find


their ways onto campuses not


because students intend to use


them there, but because children


fear for their lives traveling to or


from school. Among the


ACLU's recommendations is a


call for major improvements in


programs to create "safe corridor" routes of


travel in school neighborhoods to enhance


children's feelings of safety between their


homes and their campuses.


But the report is only the beginning.


Through public education, policy analysis,


community organizing and litigation, the


ACLU has made a long-term commitment to


combating this community-wide problem of


violence within the Los Angeles Unified


School District.


Those who would like a copy of the


complete report, "Safety and L.A. Schools,"


should contact the Public Affairs Depart-


ment, (213) 977-9500, ext. 208. =


In the same period, how-


ever, gun-related expulsions


have doubled. This is due, in


part, to school officials who are


implementing with a vengeance


the school district's mandatory


expulsion policy.


They could be suspended or expelled without due process.


Worse, perhaps, while the California voucher initiative nominally bans some discrimina-


tion-by race, ethnicity, color or national origin-it apparently would permit discrimination


based on religious belief. Also apparently sanctioned under the proposed plan would be


discrimination by gender, family income, IQ test scores and even physical or mental disability.


continued from page 1


~~" Mother Enlists ACLU in Fight for Children


continued from page 1


| a situation of overt racism and homophobia that is intolerable as this nation


* 4 approaches the 21st century: Tammy Brown lost her children simply because she


fell in love with a black man.


In July, the ACLU/SC began what may be a long legal struggle for Tammy


to be reunited with her children by filing a motion in the Meridian, Mississippi,


Chancery Court seeking to enforce Tammy's right to visit with her children in


Mississippi at her mother's home. The grandparents have refused to allow even


this two week visit.


"This was an outrageous injustice that occurred," said Paul Hoffman, legal


director for the ACLU Foundation of Southern California. "We will try


everything we can to correct that injustice and to send a clear message that this


kind of bigotry cannot be tolerated."


The case is being handled by Hoffman, with assistance from local cooperating


counsel Rob McDuff in Jackson, Mississippi, Professor Erwin Chemerinsky and


. " Jeffrey Gordon of Kaye, Scholer, Fierman, Hays and Handler. This case has


| touched so many people that we have received offers of assistance from across


the country. a


Other problems with the initiative include:


-There would be no requirement that such schools employ qualified teachers, and teacher


credential rules would not apply to many "voucher schools."


-The initiative would permit neighborhood public schools to be taken over and privatized


by organized groups. After such a takeover, the neighborhood school could refuse to accept


children who lived in the immediate vicinity and previously attended it.


-tThe initiative would prohibit most forms of state regulation of private schools.


-DMany parents whose children already attend private schools and see the voucher initiative


as providing tuition support would discover that private schools-including Catholic schools-


would hike tuition by about the amount of the voucher payment. There would be no savings.


-For poor and inner city families, the effect of the voucher initiative would be to create


segregated, separate school systems. Inner city and minority children would be unable to enroll


in private schools because of enrollment caps, tuition cost, distance from their homes and other


reasons. Poor and minority children would populate the remains of existing public school


systems, which would be financially devastated by the transfer of hundreds of millions of


dollars in voucher payments to private institutions serving predominantly white children.


ACLU members and others interested in becoming involved in the campaign to defeat the


voucher initiative should contact Kevin Spears, ACLU community outreach coordinator, at


(213) 977-9500, ext. 208. (R)


|


BY OPEN ForuM STAFF


In response to President Clinton's much awaited "Don't Ask,


lta Dent Fell" policy on gay men and lesbians in the military, the ACLU,


along with Lambda Legal Defense and Education Fund, has filed a


lawsuit calling the policy "patently |


unconstitutional."


| ; The suit, filed on July 27,


| __ Charges that the military policy vio-


lates the First Amendment and


0x00B0qual protection rights of gay men


| and lesbians. "The central promise


+ 4 Of our Constitution is that Ameri-


can Citizens should be judged according to their abilities--not their


skin color, their gender or their sexual orientation," said William B.


Rubenstein, director of the ACLU's Lesbian and Gay Rights Project.


~ President Clinton unveiled his policy on July 19, and called it "an


honorable compromise." However, according to Jon Davidson,


**The only thing


that has been


Vol. 68 No. 6 OPENFORUM 3


ACLU Challenges Military


.. Policy on Gays and Lesbians


senior staff counsel for the ACLU Foundation of Southern Cali-


fornia, "The only thing that has been `compromised' is the


Constitution."


"Under Clinton's proposal," said Davidson, "the federal govern-


`compromised' is


the Constitution.''


how they spend their off-duty time, lesbian and gay service members


are subject to far different rules, solely because of sexual orientation.


"It was only several months ago that President Clinton said


`someone should be allowed to acknowledge his homosexuality . . .


OPENFORUM


OPEN FORUM (ISSN 0030 - 3429)


is published quarterly by The American Civil


Liberties Union of Southern California and the


ACLU Foundation, at 1616 Beverly Blvd., Los


Angeles, CA 90026. Telephone (213) 977-


9500. Memibership is $20 and up, of which $2


is the subscription fee for OPEN FORUM. Sec-


ond-class postage is paid at Los Angeles, CA,


under the act of March 3, 1879. POSTMAS-


TER: Send address changes to OPEN FORUM,


1616 Beverly Blvd., Los Angeles, CA 90026.


ment will continue to violate


the rights of lesbian and gay


service members to equal pro-


tection and freedom of speech.


While heterosexual members


of the military are allowed to


discuss who they are, who is


important in their lives, and


President, Antonio Villaraigosa


ACLU Foundation Chair, Danny Goldberg


Executive Director, Ramona Ripston


Editor, Christopher J. Herrera


Contributing Editors,


Lena Chao, Allan Parachini, Kevin Spears,


Shana Weiss, Ronald Wong


Intern, William Breunle


please see New Military Policy, page 6


Police


Dick. Riordan


and the New City ji AP Be ie eee gaek


Reform,


Outgoing Police Commission President Jesse Brewer, once the highest ranking A`tican-


American in the Los Angeles Police Department, started his law enforcement career as a Chicago street cop in 1947.


Brewer came to the LAPD in 1952 where-after receiving some well heeded advice from a young black LAPD officer named


Tom Bradley-he became one of fewer than 100 African-Americans on the force. At the police academy; he met a


lieutenant named Tom Reddin, who would later become the chief of police.


In those days, blacks were restricted to assignment in LAPD divisions whose populations were overwhelmingly African-


American-the Southwest, 77th Street and Newton divisions.


In the Chicago Police Department, Brewer had seen that blacks faced even more serious racial prejudice than in the LAPD.


Once on the force here, he took promotion tests as quickly as he could and advancing to the rank of lieutenant. But he


eventually discovered a glass ceiling in the LAPD-A frican-Americans would rise to the lieutenant level, but no further.


In the aftermath of the 1965 Watts rebellion, the promotion restrictions imposed on African-American officers began to loosen.


In 1968, on the day Martin Luther King was assassinated, Lt. Brewer was working the Venice Division (now Pacific


Division). Due to his commanding officer being on vacation, Brewer was the sole supervisor of his area. Venice


Division's exemplary performance during the crisis led Police Chief Reddin to reassign Brewer to his personal staff at


Parker Center.


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Promoted to captain under the tenure of Chief (later State Sen.) Ed Davis, Brewer remained in the LAPD high command, Under


Chief Daryl Gates, he rose to the rank of assistant chief-the first African-American to hold the position. Privately,


Brewer objected to the tolerance of police abuse that permeated Gates' command.


He later went public with those criticisms before the Christopher Commission and in other public forums and retired from the


force just before the April 1992 civil unrest whose aftermath swept Gates out of office. Later named to the Police


Commission by Mayor Bradley, Brewer came out of retirement to lead the effort to pass the vital police reform initiative,


Charter Amendment F.


When Richard Riordan was elected mayor this past June, however, he asked for the resignation of all current commissioners,


including Brewer. The move severely disappointed many advocates of police reform-including the Los Angeles Times


which had urged the new mayor to re-appoint Brewer. ;


Throughout his tenure on the police commission, including a year as the panel's president, Brewer established himself as a


person who seldom speaks unless he has something worthwhile to say. He recently agreed to spend an afternoon sharing


his thoughts about the LAPD and police reform with Ramona Ripston.


Ramona Ripston:


I think it's fair to say that one of your proudest legacies is


the adoption and the initial implementation of reforms pro-


posed by the Christopher Commission. Do you think con-


tinuation of those reforms will be possible if Mayor Richard


Riordan is not really committed to them?


Jesse Brewer:


I think if the mayor is not committed to them, we are going


to have to have a City Council that is. We have a weak mayor/


strong council form of government, so if a majority of the


council is still committed, I think we'll prevail. We may have


some obstacles thrown in our path along the way. It may take


longer, and certainly I'm not sure that officers will be


supportive of all of those reforms if the mayor is not 100%


behind reform.


RR: According to the Webster Commission, Los An-


geles spends the third highest amount per capita on law


enforcement and the fourth highest per uniformed officer


among U.S. cities. Yet at any one time, there are only 350 or


so officers on the street in our city. Why is that?


JB: Even more than his predecessors, Daryl Gates


tended to reward people by placing them in specialized units.


Whenever we could identify aneed fora particular operation,


we would develop a special unit. For example, when Bobby


Kennedy was assassinated in 1968, the department devel- -


oped a special unit just to investigate that homicide. But that


unit was never disbanded. It was assigned to Robbery/


Homicide Division. It is still in existence. That happened


many, many times. We continued to specialize, which means


that you have to take people from someplace. And where do


you take them from? You take them from uniformed patrol.


We ended up with 300 to 400 people in the field at any one


time because we are so specialized. To the officer on the


street, it appears that if you do a good job, you' Il be rewarded


by going into some kind of specialized unit. So patrol


became an assignment that nobody liked, people didn't want


to stay in or wanted to get out of as soon as possible.


_ Division commanders tended to do the same thing. If they


had a particular crime problem, they would develop a unit to


address it. Where were these people coming from? They


came out of the black-and-white [police cars]. The philoso-


phy has been, you work black-and-white and get your


experience, then go someplace else and do something more


exciting rather than answering calls because it gets very


difficult to handle domestic disputes and the kind of things


that an officer assigned to a black-and-white must do.


What we have to do is turn that around, to make officers


want to work in patrol. We have to reward them in some way.


Perhaps financial awards are not going to come


about right now because the city is broke. But


somehow we are going to have to change the


department's philosophy and approach so officers


will want to get out and answer calls and serve


people.


RR: [If this reorganization and re-deploy-


ment were to happen, do you think our new deputy


mayor, Bill Violante, former president of the Los


Angeles Police Protective League, will support it?


From what I know about Chief Willie Williams, it


seems that he agrees with the philosophy you've


just outlined.


JB: I talked very briefly with Violante and


it sounded as if he is going to be serving Dick


Riordan and Dick Riordan's philosophy. I'm go-


ing to wait and see. He's convinced Riordan that


he's very knowledgeable about police work.


WhatI'd like toremind Dick Riordan is that Bill Violante's


been out of the field for a long time. He's been doing union


work for 15 years. So I think he would have to go back to the


academy to learn the techniques that we use today and find


out what's really going on in the field.


He listens to the officers who are upset or concerned. The


union hears from the officers who are in trouble, the dis-


gruntled officers, the rebels. So I'm not sure he really has a


good handle on what the real philosophy is and the approach


So officers who don't agree with what's being said, espe-


cially by these vocal police officers, will not say anything.


RR: _ [think those ofus


who campaigned for Charter


Amendment F or supported the


Christopher Commission rec-


ommendations and the two bal-


lot initiatives to put 1,000 more


eR)


Bill Violante


Sy Gon BS BE ES


| ae


officers on the force are enormously concerned because Bill


Violante opposed all of those vital measures.


Although Riordan says he supports police reform, there . "


seems to be a contradiction between that professed suppott


and choosing as a deputy mayor someone who has actively


campaigned against those things. Are you concerned that ou!


new mayor may not be committed to meaningful reform of


the LAPD?


JB: Yes, he sent us a mixed signal. He's saying ont


thing, but doing something that contradicts what he is saying.


Having been a student of the late City Councilmember Gil


"Dick Riordan comes along and says we should give [officers] more latitude


if they have to use a little extra force.


What does that do to all the work


we've tried to do since the Christopher Commission report came out?"


that the officers in the field have right now. I think the ones


we're hearing from are the ones who tend to be negative and


complain because they are not getting their pay raises, not


getting some of the things that the union is trying to get for them.


Officers who don't agree with this criticism by the union


are not going to speak up in roll call. They run the risk of


alienating the people they may end up out in the field with.


ACLU of Southern California


Lindsay, who said, "Don't pay attention to what I say, watch


what I do," I'm watching what Riordan does, not what he


says. And that concerns me.


RR: Why do you think Violante actively opposed the


ballot initiatives to put 1,000 more officers on the streets?


JB: That is beyond me. I went to rollcalls, stall


meetings and meetings with officers and I said, `Why is yo"


Summer 1993.


~


-


=


ne


ne


ff


ur


For many, daily difficultie


American Civil Liberties Union


of Southern California


Los Angeles exploded in the spring of 1992.


The acquittal of four Los Angeles Police officers who beat Rodney King shocked the world as much as


the now infamous videotape stunned its viewers.


By the evening of April 29, we had come full circle: violence begetting more violence.


It was a moment that saw years of escalating inequity join with a gross and unfathomable injustice,


producing the worst civil unrest in this nation's history.


ssumed a tragic dimension. Long lines of families waited for food, money


and relocation assistance. Neighborhoods which were already blighted became devastated. Basic services


were unavailable and human suffering became the common currency.


Yet out of the ruins, some modest signs of hope emerged: far-reaching reforms that the ACLU had long


( `were finally approved; community leaders began a dialogue with their constituencies


. ae with each other: many engaged in a profound look at the hard realities of life in Los Angeles.


1992, the ACLU of Southern California remained where it had always


As LA. burned, the ACLU worked-monitoring jail conditions, calling for calm, joining forces with


hardships. We were constantly vigilant to ensure that civil liberties were


maintained despite the willingn s of some to trade them for an expedient and false sense of security.


Those with a sense of history know: civil liberties are ultimately our greatest protection and strength.


Our Bill of Rights has been with us for more than 200 years, through civil disturbances, civil war,


international conflict, economic expansion and contraction. Seventy years ago, when the ACLU began to


aggressively pursue civil liberties through the articulation of the Bill of Rights, it activated a dormant


istorical document and created a living body of law that delivers on the promises made two centuries ago.


While the spring of 1992 may have been the most compelling episode of the year and presented the most


urgent case for civil liberties, it was far from being the only important moment of the past year. What


follows describes some-but far from all-of the activities of the American Civil Liberties Union and the


As I begin my 25th year with this organization, I take particular pride in these past difficult months.


Ramona Ripston,


Executive Director


Coalition '92-'93


Coalition '?92-'93 is a non-partisan, non-profit,


progressive political organization which coordinates


precinct walking, the distribution of several thousand


voter guides and other voter awareness activities. The


coalition is made up of approximately 110 labor,


community, religious, public-interest and civil rights


organizations. It mobilized more than 800 activists in


the November election to defeat Proposition 165, which


would have drastically reduced government benefits to


poor women and children, the sick and the disabled. |


0x2122 ACLU staff members have served on the steering


committee of Coalition '92 and will continue in that


capacity for Coalition 93.


...and more.


The ACLU played a significant role in the


overwhelming passage of Charter Amendment F-the


initiative which implemented LAPD reforms recom-


mended by the Christopher Commission-mailing


informational material to nearly 11,000 ACLU mem-


bers and urging them to vote for the measure.


Along with PEN, the Assn. of American Cultures


and other groups, the ACLU is heavily involved in the


Freedom of Expression Network, organizing forums on


the First Amendment issues.


And the ACLU of Southern California also


formed an ad hoc coalition around the highly publicized


effort to pull rap/rock artist Ice-T's album, "`Body


Count," off record store shelves. The ACLU, along


with anti-censorship groups, music industry associa-


: . _ tions, and others concerned about civil liberties,


mobilized support among free expression activists.


-On. different occasions, Executive Director


a Ramona Ripston and Foundation Chair Danny


Goldberg debated California Attorney General Dan


Lungren. Lungren sent a personal letter on official


stationery to all.record store owners, asking them to


remove the "offending album" from their shelves. The


ACLU placed a


_ Warner to stand firm against law enforcement's


.ad in Daily Variety calling on Time-


~ pressure to pull the album.


The 1992 audit is available for public review at


the accounting office of the ACLU Foundation of Southern


California, 1616 Beverly Blvd., Los Angeles, CA 90026.


Please call 213.977.9500 x206. A condensed version of the


| audit will be mailed to members upon request and will be


urged for the LAP,


Th ugh all of the tumult


n: working for a just and equal community.


other groups in ameliorating t


0


Q


0


0


cent


0


Q


Zz


ACLU Foundation of Southern California.


Coalition Work: Fl PAT


A community working together for a more


egalitarian and just society: that is what the ACLU


of Southern California strives toward with its


involvement in coalitions throughout the city. Southern California


Personnel from every department- Civil Rights Coalition


administrative, legal, public affairs, legislative-


act as liaisons in this critical aspect of ACLU Since the inception of the Southern California


activity. Below are a few of the many community Civil Rights Coalition (SCCRC), the ACLU has been a


coalitions to which the ACLU contributes: driving force in this grassroots coalition with ACLU staff


members serving as co-chairs.


Founded in 1990, the SCCRC


Greater Los Angeles is a multi-cultural coalition of


Coalition for prominent civil rights organiza-


Reproductive Freedom tions. The coalition has worked


hard for federal and state civil


The Greater L.A. Coalition for Reproductive ; rights legislation, such as the


Freedom is a broad-based _ federal Civil Rights Act of


coalition of groups "1991. During"1992, the


concemed with preserv- SCCRC rallied behind far-


ing a woman's right reaching state legislation-


to exercise personal since vetoed by Governor


choice in all matters Pete Wilson-by organiz-


relating to her ing letter-writing cam-


reproductive life. paigns, press conferences


The ACLU of and rallies.


Southern


California has


taken a leading Coalition for


role in the Sheriff's


coalition since its Accountability


inception, with an


ACLU staff member With the graceless departure of Daryl Gates and


serving as the coalition the arrival of new LAPD Chief Willie Williams grabbing


co-chair. Through the coalition, the ACLU headlines, the Los Angeles Sheriff's Department is often


helped to organize pro-choice rallies on college overlooked. However, as a founding member of the


campuses, at the federal building and in downtown Coalition for Sheriff's Accountability, the ACLU has


Los Angeles. been keeping a close watch on the LASD for years.


The ACLU will not support legislation The coalition was formed in 1991 in r


which limits abortion access for minors and low- series of fatal shootings by LASD eputies q S -


income women, and thus opposes the much- expanded its focus and seen its members ri grow to over


amended Freedom of Choice Act (FOCA). 40 individuals and organizations. . ce


Persuaded by the ACLU, the coalition decided The long-awaited Kolts Commigsion report--an


against supporting FOCA in its present version. independent study of the LASD similar to the Christo-


As a result, the coalition continues to lobby for the pher Commission's study of the LAPD-found "deeply


elimination of parental notification requirements disturbing evidence of excessive force and lax disci-


and for the federal funding of abortion services. pline" within the Los Angeles Sheriff's Department.


The ACLU has also joined with a group of The ACLU and the coalition.criticized the report -


33 health, women's, religious and political for its failure to hold Sheriff Sherman: Block responsible


Organizations to form the L.A. Coalition for RU- for his officers' abuse or to recommend civilian cent over- ~


486. RU-486 is a drug in widespread use in sight of the department.


Europe, that promises a safe, low-cost alternative Later in the year, the coalition lobbied the Board -


to surgical abortion. of Supervisors for effective civilian review and plished So


"Los Angeles County Sheriff's. Department Civilian -


Review: A Blueprint for Ac ountability," a detailed -


response to the Kolts Commission and to Sheriff Block' .


cy EE ge 300 page answer to the Ke It commission. :


DEVELOP OTIAL BY AFFAIRS


reprinted in the Open Forum, vol. 68 no. 7.


SE


Saas


eas


Legal Department: Fighting for What's Right.


The American Civil Liberties Union is the oldest and largest


public-interest legal organization in the country. Only the Solicitor General's


office of the U.S. government has argued more cases before the Supreme


Court.


The ACLU Foundation of Southern California has the busiest docket of


any ACLU affiliate. For much of 1992, Foundation attorneys were busy with


more than 100 open cases, many of them with a national and international


profile. A few such cases are outlined below:


Economic Bill of Rights


In 1983, the Southern California ACLU adopted an Economic Bill of


Rights declaring that all persons in the United States have a fundamental right


to employment and a right to a decent standard of living, including food,


housing and health care.


This issue has never been more critical than today. In 1992, the number


of people on welfare in California swelled to more than 3 million-more than


95% of them single mothers with young children.


From April 29 to May 5, 1992, the Los Angeles Fire Department


responded to over 6,400 calls during the worst civil unrest in U.S. history. On


May 2, President George Bush declared Los Angeles a disaster area.


In areas that were already depressed by years of economic abandon-


ment, electricity was out for days spoiling people's food, and neighborhood


stores were either burned out or looted empty.


Many food stamp recipients found it impossible to replace spoiled food


for their children, relying on impromptu food distribution centers at local


churches. Some were forced to water down formula for their infants or go


without medically required diets. Yet when the County of Los Angeles asked


the U.S. Department of Agriculture for emergency food stamps, the answer


was "`No."


LAA. he 1.


ABC News prepares to interview


ACLU Legal Director Paul Hoffman


International


ACLU Legal Director Paul Hoffman,


who argued the case before the Supreme Court, ""This case squarely con-


fronted the Supreme Court with a conflict between the rule of law and the


naked exercise of executive power. The Court chose to abandon its role as a


check on arbitrary governmental power."


In December, 1992, U.S. District Court Judge Edward Rafeedie


dismissed the case against the doctor after the government presented no


credible evidence linking him with the crime. The case has inspired calls for


legislative reforms in Congress and for further international efforts against


state-sponsored kidnappings of criminal suspects.


AIDS. Discrimination


On Valentine's Day in 1992, Salvador Fuentes walked into the Ventura


Urgent Care Center with a deep cut to his hand. Upon disclosing to the


attending physician that he was HIV-positive, the physician hastily scribbled


on her prescription pad, ""This is to inform you that I do. not treat patient (sic)


with HIV positive in our clinic."


In response, Generak:(c)@ Lark n:joined:with: other


J


poverty law groups and filed Deloney v. Madigan. The su


that the federal government enact the emergency program |


designed specifically for presidentially declared disasters.


As a direct result, over 17,000 applications for


emergency food stamps were a


approved, delivering more than $2


million in relief. To inform


people of the available relief, the


ACLU/SC created and posted


2,500 posters in English,


Spanish and Korean,


explaining in detail who


was eligible for emer- -


gency relief, when and (c)


where to apply and how |


to get more information. _


Over 10,000 of the recites Wits SOC 8) SC NCIS saccmnrnes


made specially eligible for the relief by the lawsuit.


Also in 1992, Governor Pete Wilson proposed a two-tier welfare system


which would lower Aid to Families with Dependent Children (AFDC)


payments to poor women and children who recently moved to California from


other states. The governor claimed it would help solve the state's budget


crisis-even though total AFDC payments represent less than 3% of the entire


state budget.


Rosenbaum and litigators from several other poverty law organizations


filed suit to challenge Wilson's plan and were rewarded with a court order


shortly before Christmas enjoining the governor from instituting his "`re-


forms." Approximately 50,000 women and children who would have been


impacted by the plan were spared a harsh holiday season. The two-tiered


system has since been declared unconstitutional. The state plans to appeal.


As Californians try to recover from a deep recession, several Southern


California cities have responded by making it a crime to be without a home.


The cities of Santa Ana, Orange, Fullerton, Long Beach and Santa Barbara all


passed ordinances that criminalize sleeping, possessing property and/or


"living" in public places within those cities' limits.


The ACLU-in conjunction with six other public-interest groups-filed


five simultaneous lawsuits against the cities and issued a warning to a sixth,


Santa Monica. The ACLU pointed to constitutional rights of travel and rights


against unreasonable search and seizure. In a public statement, the ACLU


declared that in order to enjoy the Bill of Rights, individuals must first have


the right to survive.


ACLU General Counsel Mark Rosenbaum


fields questions from the media.


_ In what is believed to be the first AIDS discrimination action ever


brought under the Americans with Disabilities Act, the ACLU Foundation of


Southern California filed suit in federal court on behalf of Salvador Fuentes


with a trial scheduled for late-1993.


/


The ACLU Foundation has litigated more AIDS/HIV-related cases


: than any other organization in the country. ACLU attorneys, led by


. Senior Staff Counsel Jon W. Davidson, have played a pivotal role


in confronting the discrimination that prevents people with AIDS


or HIV from working, receiving medical treatment and living their


lives as fully as possible.


One Foundation suit-tited on behalf of AIDS Project Los


Angeles (APLA) and four individuals with HIV who were refused


treatment at two dental clinics-marked the first time that a health


care provider had been sued under a 1985 L.A. ordinance that


affords broad civil rights protections to people with HIV or AIDS.


The suit alleged that, besides being medically unjustifiable


and unethical, such discrimination is unsafe: it can foster the


misperception that, by simply discriminating against people who


know and admit to being HIV positive, doctors and medical staff will be free


from risk of infection. The suit points out that universal precautions must be


carefully observed since most people do not know their HIV status.


The suit was scheduled for trial in 1993, however an amicable settle-


ment has been reached. The dental chain denied engaging in any discrimina-


tion but agreed to, among other things,


_conduct comprehensive training for all


staff, and develop a written reaffirmation


of its anti-discrimination policy.


In another action that stopped


short of litigation, General Counsel Mark


Rosenbaum represented several medical


researchers who had been preparing a


vaccine for clinical trials. The vaccine,


HIVIG, promises to significantly reduce


the potential for a pregnant mother to transmit the HIV virus to her fetus.


When the multinational corporation, Abbott Pharmaceuticals, reneged on its


agreement to release the vaccine for testing, Rosenbaum began preparing a


lawsuit on behalf of the researchers who faced seeing years of painstaking


effort undone.


Soon after Abbott was notified of the ACLU Foundation's intention to


file suit, the company allowed the vaccine to be purchased by another


`company which had agreed to cooperate in the clinical trials.


Women's Rights


In 1992, ACLU Foundation Senior Staff Counsel Carol Sobel brought three suits against the Los


Angeles Police Department alleging sex discrimination and sexual harassment against female officers. In


Doe v. City of Los Angeles, a female officer who had endured months of sexual harassment from her


supervisor was subjected to retaliation and further harassment when she complained.


When the LAPD finally took action on her complaints, they concluded that the supervising officer's


actions did not constitute sexual harassment because he testified that he felt no sexual arousal when he


pushed and held the female officer's head against his groin in the presence of others. The suit challenges


the LAPD's failure to provide adequate training to its employees concerning sexual harassment and to


establish adequate procedures for investigating and disciplining these cases.


Another lawsuit was brought against the LAPD on behalf of a female officer who claims a male


officer raped her. After making her allegations, she was subjected to harassment on the job and an internal


investigation. Brought under both state and federal civil rights laws, Wallin v. City of Los Angeles claims


the LAPD handled the inquiry differently from that of other rape cases because the alleged assailant is an


LAPD officer. The female officer has been denied the right to file a crime report and has been prohibited


from naming her assailant on Victim's Assistance Fund forms or from


speaking to anyone about her case.


ue ee


of Southern California


tla


"4


"A


Police Reform


In an attempt to curb the LAPD's reckless use of their canine units, the


ACLU Foundation filed two companion taxpayer/class action suits, Lawson v.


Gates and Silva v. Block. The lawsuits sought to prevent police dogs from


being permitted to bite suspects where the use of deadly force would `not be


justified.


Foundation attorneys appeared before the Police Commission in early


1992 to urge a moratorium on the use of police dogs until the commission


conducted an independent investigation of the canine unit abuses. Later that .


summer, the Police Commission issued a report on its canine policy which


significantly restricted the use of the dogs and also adopted a "find and bark'"'--a


policy recommended by the ACLU-as opposed to the "find and bite" policy.


LAPD Chief Willie Williams makes an


unprecedented appearance at the Sept. '92


ACLU Lesbian and Gay Rights Chapter meeting.


ACY EL Ed a Expanding the Effort.


Lesbian and Gay Rights


The struggle for lesbian and gay rights has emerged as one of the


premier battlegrounds in the fight to secure basic civil liberties and human


rights to everyone-and the ACLU was the first major civil rights


organization to take up that cause, beginning in the early 1960s.


The ACLU/ SC has been challenging the U.S. military's discrimina-


tory policies against lesbians and gay men for years through the ongoing


case Pruitt v. Aspin. In 1992, both the Ninth Circuit Court of Appeals and


the U.S. Supreme Court rejected the government's petition in the case,


clearing the way for the ACLU and other lesbian and gay rights groups to


challenge the policy's constitutionality in trial court.


The Pruitt case began in 1983 when Rev. Dusty Pruitt-then a


captain in the U.S. Army--was discharged after identifying herself as a


lesbian in a newspaper article. At the time of her discharge, Pruitt was


awaiting an imminent promotion to major.


In the landmark case concerning Keith Meinhold-a gay sailor who


was discharged after declaring his sexual orientation on television-U.S.


District Judge Terry Hatter, Jr., cited Pruitt in his decision to reinstate the


sailor. Judge Hatter declared the military's ban on homosexuals in


violation of the Constitution's equal protection guarantee. The


case has been appealed by the Justice Department. ot


Legislative Activity )


At the local, state and national level, the ACLU continues to play a major


role in the legislative process. Upon President Clinton's election in November,


many civil rights organizations voiced optimism about the future as he signed the


Motor Voter Bill, the Family and Medical Leave Act and made his support clear


for federally funded abortion. Clinton's commitment regarding these and other


issues is far from guaranteed, however, and a close watch must be kept.


At the state level, Gov. Wilson stunned civil libertarians and civil rights


activists by vetoing the California Civil Rights Restoration Act despite the


ACLU's hard work to generate grassroots support. Later, in a major victory for


civil rights, Wilson signed AB 2601-a bill which guarantees employment


protections for lesbian and gay Californians.


The overwhelming defeat of Proposition 165--a Wilson-sponsored


measure which would have drastically cut welfare payments while greatly


expanding the governor's power-was one of the victories of the past year, with


the ACLU playing an important role in educating its members and the public on


the issue.


To keep civil liberties concerns alive, ACLU staff also frequently testifies


before the Los Angeles City Council and the County Board of Supervisors.


1992 Issues Conference:


"" City on the Edge"'


The Field/Legislative Department and the Legislative Action


Committee organized one of the most successful Issues Conferences


in recent history. Over 175 people came to hear experts discuss the


challenges faced by Angelenos and offer solutions.


City of Quartz author Mike Davis delivered a well-received


keynote address which was broadcast over several local radio


stations. State Senator Art Torres recounted his efforts to pass


legislation-which the ACLU helped draft-designed to curb


police abuse and establish civilian review boards. The conference


concluded with a panel that explored L.A.'s future and featured


former ACLU/SC President Gary Mandinach, current


President Antonio Villaraigosa, ACLU Board Member


Angela Oh and Southern Christian Leadership Conference


Executive Director Joe Hicks.


Riding horses and swinging batons, the LAPD violently dispersed a


peaceful demonstration on October 23, 1992. Demonstrators were


protesting Gov. Pete Wilson's veto of AB 101-a bill that would have


prohibited employment discrimination based on sexual orientation.


Despite an earlier agreement between the LAPD and gay and lesbian


activists, police set upon the demonstrators en masse, injuring several


people. Many protesters were sitting at the time, chanting ""No Violence"


at the police. The ACLU is representing approximately 30 plaintiffs in


two separate lawsuits against the LAPD stemming from the AB 101


demonstrations.


Death Penalty


On April 21, 1992, California executed its first prisoner in more than


two decades-convicted murderer Robert Alton Harris.


The ACLU joined a coalition of human rights, civil rights and


religious organizations in calling for clemency for Harris, whose child-


hood had been punctuated by severe abuse and who showed evidence of


suffering from Fetal Alcohol Syndrome. Calls to Gov. Wilson from


Mother Theresa and Cardinal Roger Mahony also fell on deaf ears. The


ACLU organized a midnight vigil at the Federal Building in Westwood the


night of the execution.


While most other industrialized democracies long ago abolished


capital punishment, the United States is executing prisoners at an ever-


increasing rate. Despite an extremely hostile judicial environment, and


public opinion polls showing an almost 80% approval of capital punish-


ment, the ACLU/SC continues to vigorously opposes the death penalty


because it represents cruel and unusual punishment in violation of the


Eighth Amendment. The ACLU/SC is currently representing several


prisoners on death row in various stages of their appeals.


For several years, the ACLU has been working closely with the


Custody Division-of the Sheriff's Department to shape policy and improve


conditions for inmates throughout greater Los Angeles County.


_ Thanks to a successful 1975 lawsuit, Rutherford v. Block, the ACLU


`has been able to work towards improving the egregious and unconstitu-


tional living conditions that once prevailed throughout the county's


correctional system.


The ACLU has been successfu


limits within the jails, as well as v:


able population


- of medical


care to inmates.


Vicki Tamoush


Eve Triffo


Robert Vogel


Michael Yamamoto


Mary Ann Yurkonis


ACLU Board of Directors


ACLU President


Antonio Villaraigosa


Officers


Nancy Greenstein


Alex Shapiro


William B. Wong


Isabelle R. Gunning


Trisha Murakawa


Lloyd M. Smith


Joyce S. Fiske,


At Large Members


Thoraya Al-Essahki


Maxine Baker-Jackson


Thomas F. Borcher


Erwin Chemerinsky


Frank Cooper


Toni Cordero


Cynthia Davis


E.H. Duncan Donovan


Car! Douglas


Betty Ann Downing


Mary Ellen Gale


Judith Glass


Danny Goldberg


Glenn Goodwin


Malcolm S. Gordon


Dianna J. Gould-Saltman


Ellen Greenstone


John Heilman


Marcela Howell


Bob L. Johnson


Jo Kathleen Kaplan


Rosa Kaplan


Michael S. Klein


Norman Lear


Gary Mandinach


Judy Martinez


Douglas E. Mirell


Linda Mitchell


Wendy Mitchell


Debyra Moore


Angela Oh


R. Samuel Paz


Jaime Regalado


Richard Reyna


Gloria Romero


Magdaleno Rose-Avila


Marvin Schachter


Paul Schrade


Chapter Elected


Board Members


Hank Alberts


Norm Beal


Lena Bethel


Paul Camhi


Rob Clark


Nathan Fong


Don Hallard


Lydia Marcus Kendall


Roger L. Kohn


Hannah Naiditch


Jim Rea


Dorothy Reik


Teresia Santee


Chuck Warren


Ee ACLU Chapters


With 15 chapters spread throughout Southern California from Orange


County to San Luis Obispo, the ACLU/SC has a strong and vibrant membership of


nearly 30,000. In 1992-as unprecedented numbers of new legislators took state


and federal offices due to reapportionment of both the U.S. congressional and state


legislative districts--ACLU/SC chapters took up the task of legislative lobbying.


To develop the skills necessary to lobby effectively, 40 ACLU activists


representing nearly every chapter received a full day of intensive training. For the


first time, the Chapter Council conducted a training session on legal intake and


referral. Many more chapter workshops are scheduled for 1993, including sessions


on member recruitment, publicity and outreach.


Also during 1992, the Hollywood Chapter reorganized to become one of the


largest chapters with over 2,000 members.


Eee Student Outreach Project


During 1992, the ACLU embarked upon a bold new program to reach out to


students and create ACLU student groups on college and law school campuses.


The ACLU Student Outreach Project is a concerted effort by the Field/Legislative


Department to involve and educate young people in the continuing struggle for


civil liberties. In its first few months, this one-year pilot project quickly made


an impact on a number of campuses and established student groups on four


college campuses and three law schools.


ae Lollapalooza Project


The ACLU/SC coordinated over 30 ACLU affiliates nationwide to


participate in the 1992 Lollapalooza Festival-a nationwide alternative


music concert tour. The ACLU, along with other public interest groups,


set up tables and distributed literature reaching more than one-half


million concertgoers. ACLU informational literature was also inserted


into a promotional Lollapalooza CD which was distributed to


approximately 25,000 people. Results from the ACLU's participa-


tion have been tremendous: 143 new ACLU members joined in


Seattle, 112 in Boston, 108 in Miami, and a stronger image of


the ACLU has emerged before an important, increasingly active


constituency.


Te eee ele


Image and Analysis.


Since its inception in 1920, the American Civil


Liberties Union has been controversial because it is


staunchly principled. The tough issues-such as


abolishing capital punishment, protecting the right to


safe and legal abortion, securing equal rights for all


people and the freedom of expression for everyone-


are embraced not because of their controversy, but


because of their urgency and their necessity.


The Public Affairs Department of the ACLU


of Southern California has the responsibility of


conveying that message


and explaining the


ACLU's efforts


to Southern


California and


frequently the


: si Me ee nation.


NS a OUTAGE TR sina


Through


Public Affairs created a full page ad for the New York


Times in response to the growing furor over the attempt


to lift the military ban on lesbians and gay men.


media relations,


public speaking,


published research


and analysis, and community outreach, the public


affairs arm of the ACLU/SC projects a coherent,


persuasive message:


Civil liberties are everyone's concern.


The Public Affairs Department fictds close to


100 calls a week from news outlets ranging from local |


The state of civil liberties during the civil emer-


gency of spring '92: The ACLU poured over


college newspapers to the BBC. Many questions can stacks of statistics and court cases to determine


be answered via the media releases faxed across the who in the city was being jailed-and why-


country, or through press conferences held either at... during the spring '92 civil emergency. The ACLU


the ACLU offices or at the site of a burgeoning issue.


Many phone calls also come in from sister


also monitored the jails and filed a companion suit


challenging the city's vague curfew law and its


organizations looking for comment on a Supreme ndom enforcement;


Court opinion, doctoral candidates compiling


nresponsive system of citizen complaints


within the LAPD: The system was to have been


overhauled, yet the ACLU study revealed zero


on voting rights, or high school students doing


on civil rights in America. To answer sui


the public affairs staff often taps into a larg


ACLU literature, produced both locally and


ally. ACLU/SC publications-such as the qu


Open Forum and brochures such as "Sexual Harass


ment: What to Do When It Happens to You"'--are


written, designed and typeset entirely in-house. -


improvement and found abuses in the system later


acknowledged by the LAPD;


n unconstitutional ordinance banning alleged gang


members from a public park in San Fernando: The


action was credited with "cleaning up the park"


; : when in fact there was no drop in local gang


The department also coordinates the availabil


: activity-it simply shifted two blocks away;


of spokespersons on current topics and arranges


Indiscriminate violence by LAPD canines and their


handlers: ACLU research showed LAPD bite rates


to be vastly higher than any other comparable


interviews on local and national news shows, such as


CNN's "Crossfire,'' CBS's `Face the Nation," and


PBS's "`"MacNeil/Lehrer News Hour."


Pee police department;


In-depth analysis of complex issues is also a


major focus of the department. Often working


together with the Legal Department, the Public Affair.


Department has conducted comprehensive research


The Kolts Commission's study of the Los Angeles


Sheriff's Department: the commission refused to


hold Sheriff Block responsible for lax department


discipline and failed to recommend meaningful


and published reports on a number of issues such as: ivilian review (prepared in conjunction with the


Coalition for Sheriff's Accountability).


Field/Legislative


ACLU Foundation Board of Directors


Foundation Chair


Danny Goldberg


Chairs Emeritus


Laurie Ostrow


Stanley K. Sheinbaum


Allan K. Jonas


Burt Lancaster


Irving Lichtenstein, M.D.


Barbara Corday


Richard Dreyfuss


Jane Egly


Joyce S. Fiske


Leo Frumkin


Sherry Frumkin


Mary Ellen Gale


Alan L. Gleitsman


Gary Goldberg


Robert Greenwald


Elyse Grinstein


Stanley Grinstein


Joshua Grode


Susan A. Grode


Barry Hirsch


Dorothy Jonas


Jimi Kaufer


Officers


Norman Lear


Alan Bergman


Madeline Goodwin


Bob L. Johnson


Allan K. Jonas


Frederick M. Nicholas


Eve Slaff


Louis Colen


Irma Colen


Lloyd M. Smith


Sidney Machtinger


Robert Ornstein


Alan Sieroty


Board


Ruth Abraham


Lucy Adelman


Susan Adelman


Marilyn Bergman


Jay Boberg


Bob Burkett


Thomas Carter


Robert Cohn


Leonard A. Kaufman


Robert Kennard


Burt Lancaster


Shari Leinwand


Irving Lichtenstein, M.D.


Marty Longbine


Mark Magidson


Shirley Magidson


Gary Mandinach


Steven Markoff


Lee Masters


Faye Nuell Mayo


Robin Meadow


Lucille Ostrow


Max Palevsky


Sarah Jessica Parker


Judy Balaban Quine


Andrea Rich


Dolores Robinson


Richard Rosenzweig


Joe Roth


Arthur Allan Seidelman


Marc M. Seltzer


Sherwood (Bob) Shafer


Robert Shutan


Robert Smith


Fred Specktor


Barbra Streisand


Kate Summers


Florence Temkin


June Tyre


Antonio Villaraigosa


Paula Weinstein


JoAnne Widzer


Irwin Winkler


Larry Winokur


Robert Wise


Chic Wolk


Peg Yorkin


Beatrice Zeiger


ACLU Staff


Executive Director


Ramona Ripston


Legal Director


Paul Hoffman


General Counsel


Mark D. Rosenbaum


Associate Director


Sandra M. Jones


Senior Staff Counsel


Jon W. Davidson


Carol A. Sobel


Counsel


Lise Anderson


Silvia R. Argueta


Cathy R. Dreyfuss


Tracy Rice


Sharon Robinson


Mark Silverstein


Robin S. Toma


Law Fellows


Alan Friel


Raleigh Levine


Legal Director Emeritus


Fred Okrand


Legal Assistants


Karen Miyahara


Denise Williamson


Jean Gates


Sheila Harmon


Susan Simpson


Margaret Small


Public Affairs


Allan Parachini,


Director


Lena Chao


Christopher J. Herrera


Kevin C. Spears


MATIN Tae le


Ronald W. Wong,


Director


Tessa C. De Roy


Development


Gina Lobaco,


Director


Shana Weiss


Brenda Anthony


Meegan Ochs


Gift Planning


Harold Gunn


Director


Finance


Constance Maxey,


Director


Charles Callen


Administration


Susan Fuller


Mario Guzman


Larry Harmon


Sonji Griffith-Nnoli


Making It All Possible.


ACLU activists Rose and Alex Hoffman were presented


with the Eason Monroe Courageous Advocate Award. A


SS ee ee ee ee *


As organizations that rely primarily on memberships and individual


contributions to support their programs, both the ACLU and the ACLU Founda-


tion busily engage in a broad range of fundraising and membership recruitment


activities. [ The ACLU of Southern California is divided into two parts: the


American Civil Liberties Union and the ACLU Foundation. The Foundation is


the tax-deductible entity which handles ACLU litigation. ]


Despite early encouraging signs from the new administration, seven


decades have clearly demonstrated that the effort to promote civil liberties


continues regardless of who is president. The fierce response to President


Clinton's attempt to lift the military's ban on lesbians and gays and the President's


reversal on the plight of Haitian refugees were timely reminders that the ACLU


will always have an important advocacy role in the national political debate.


Membership


For much of the year, Southern California was absorbed with the economic


and social crises following the civil unrest of spring 1992. In recognition of the


leadership role the ACLU/SC played in the aftermath of the police acquittals,


3,000 new members joined in 1992 with larger contributions than in previous


years. As the oldest affiliate in the country, with a membership of 26,000, the


ACLU/SC continues to be a prominent partner to the national ACLU.


Fundraising Events


Garden Party:


In June, the ACLU held its 33rd Annual Garden Party. With a theme


championing reproductive freedom, the 1992 event honored Clinic Defense


Alliance volunteers, RU-486 researcher Dr. David Grimes, and Students for


Choice from the UCLA/ACLU club. Norm Beal, president of the ACLU's San


Fernando Valley Chapter, received the Activist of the Year award. More than


1,200 enjoyed the afternoon in the garden of Vicki Riskin and David Rintels.


Torch of Liberty Dinner:


In August, the ACLU Foundation held its annual Torch of Liberty Gala at


the Beverly Wilshire Hotel. Comedian Billy


Crystal presented the Torch of Liberty award


to his long-time friend


Mayor Tom Bradley


who was honored for


the courage he


demonstrated in convening the Christopher


Commission's study of the Los Angeles


Police Department. VH-1 president Ed


Bennett was also honored for his commit-


ment to human rights issues and singer Tracy


Chapman entertained the crowd of over 500.


Professor Anita Hill, recipient of the


1992 ACLU Bill of Rights Award


Bill of Rights Dinner:


Capping the fundraising year, the


ACLU held the 43rd Annual Bill of Rights


dinner in December with a salute to two of


the nation's most courageous women:


Professor Anita F. Hill and Barbra Streisand.


Newly-elected U.S. Senator Barbara Boxer


presented the awards to Hill and Streisand.


Retiring House of Representatives member


Edward R. Roybal received the Legislator's


Lifetime Achievement Award and longtime


sellout crowd of more than 1,200 was on hand at the


Century Plaza Hotel for the dazzling celebration.


1992 ACLU Donors


While hundreds of individuals honor the ACLU


Foundation each year with financial support, a growing


number of dedicated individuals ensure the ACLU and


ACLU Foundation's financial security through mag-


nanimous giving and by providing for the ACLU


through their estate plans. We offer special recognition


to these Guardians of Freedom and members of the


Heritage Club whose extraordinary generosity under-


scores their commitment to advancing the cause of


liberty and justice for all.


* ~


Guardians of Freedom


Ruth Abraham


Robert and Marilyn Adams


Lucy Adelman


Susan Adelman


Atlantic Records


Phil and Betty Augerson


Howard and Nina Barsky


Alan and Marilyn Bergman


Jello Biafra


Wayne Braveman


Jerry and Lenore Breslauer


Sanford and Jane Brickner


Capitol Records


John and LaRee Caughey


Lou and Irma Colen


Barbara Corday


Creative Artists Agency


Dorothy Daniels


Barry Diller


Kirk and Anne Douglas


Richard Dreyfuss


Paul and Jane Egly


Richard Evans


Norman and Aline Felton


Joel Fields


Judy Fiskin


Mrs. Vasanti Fithian


Leo and Sherry Frumkin


Martin Gang


Geffen Foundation


Giant Records


Richard and Adleen Gibbs


Alan Gleitsman


E. Robert and Audrey Gluck


Danny Goldberg


Eugene and Madeline Goodwin


Sy and Ruth Grassman


Susan Grode


Antoinette Haber


Mr. and Mrs. David Hart


Hugh Hefner


Sam Hellinger


Buck Henry


Barry and Carole Hirsch


Stanley and Anita Hirsh


Honie Box Office


Diana and David Jacobs


Norman and Dixie Jewison


Allan K. and Dorothy Jonas


Robert Jones


Fred Ray, Jr.


Richard Kanarik


Leonard A. Kaufman


Betty Jean Kivel


Arlene Krantz


Jerry and Helen Kushnick


Latham and Watkins


Norman and Lyn Lear


Jack and Ann Levine


MCA Ine.


MTV Networks


Sidney and Paula Machtinger


Shirley MacLaine


Mark Magidson


Shirley Magidson


Gary Mandinach


Steven Markot't


Kathleen Kennedy


Prank Marshall


Dr. Patricia Maslon


John and Mary Mason


Mildred Mayne


Murray and Marian McDougal


Pat Lau and Don Miller


Milken Family Foundation


Barbra Streisand, recipient of the


1992 ACLU Bill of Rights Award


Kemp Mitchell


Pamela Mohn and Lee Masters


Judith Moore


Peter Morton


Jerry and Ani Moss


Drs. Max and Ann Negri


Fred Nicholas


Susan North and Robin Meadow


Fred and Mimi Okrand


Robert Ornstein


Lucille Ostrow


Joan Palevsky


Max Palevsky


Paramount Communications


David Pasternak, Esq.


Jay and Rose Phillips


Jeanne Phillips


Arthur Price


Don and Judith Quine


H. Miles Raskoftf


Helen Relin


Lloyd Rigler


Maxwell and Janet Salter


Barbara Salyer


Amitai Schwartz


Mare Seltzer


Ed Seykota


Sherwood (Bob) Shafer


Stanley K. and Betty Sheinbaum


Alan Sieroty


Jean Sieroty


Cynthia Sikes and Bud Yorkin


Alvin and Barbara Simon


Paul and Eleanor Singer


Altred and Gladys Skluth


Ira and Elizabeth Skutch


Eve Slaft


Gordon Smith


Lloyd M, and Edith Smith


Sony/Columbia


Michael and Sylvia Stolzberg


Gary Stewart


Leonard and Beatrice Stone


Barbra Streisand


Kate Summers


Frank Taplin


Florence Temkin


Time-Warner


Katharine Tremaine


Eve Trifto


Peter Tritunovich


Milton and June Tyre


Dr, Walter Varnum


Virgin Records


Donald Walters


Michael Weithorn


Frank Wells


Bernie and Mimi West


Randall Wick


JoAnne and Martin Widzer


Elizabeth Williams


Irwin and Margo Winkler


Chic and Dorothy Wolk


Carolyn Yeager


Pey Yorkin


Beatrice and Irving Zeiger


*


Heritage Club


Ruth Abraham


Reuben and Selma Agran


Edna R. S. Alvarez


Rodolfo Alvarez a"


Howard Amsterdam


Anonymous (20)


Harold and Lillian Barton


Norm Beal


Douglas J. Bender


Dr. Kurt Bergel


Eric H. Boehm


Elden T. Boothe


G. C, "Brad" Brafford


Wayne Stephen Braveman


Sanford and Jane Brickner


Fred R. Brooks


Virginia Bruce


Ronald E. Carlson


Allan Casson


Mr. and Mrs. Jack H, Chesner


Robert Clark, Jr. and Robert Finney


Albert C. Cordas


Barbara Corday


Mr. and Mrs, Morris Coropott


Rev. K. C. Cummings


Jeanne Keefer Cunningham


Dorothy Daniels


John Roland Dearhart


Douglas M. Dick, Ph.D.


E. H. Duncan Donovan


Joyce S. Dusenberry


Kenneth J. Erickson


Grant W. Ewald


Garold Faber, M.D., M.P.H.


Warren Felt and Dolores Arond


Mona Field and Ken Levy


Vasanti Ferrando Fithian


arfield


Virginia Gilloon


Rose Ginsburg


Cyril and Frances Gloyn


Marvin A. Gluck


Sherna B. Gluck


Madeline R. Goodwin


Malcolm 8S, Gordon


Leon and Molly Gorelick


William B. Graham


Donald Grandy


Dr. Belle Granich


Ruth and Sy Grassman


Nancy Greenstein


John Heilman


John F. Hodgson, I


Robert S. Hughes


Florence Patricia Hunt


Errol Jacobs


Westley B. James


Bob Jobnston


Jerome L. Joss


Geraldine Karpel


Mr. and Mrs. A. Katz


Leonard A, Kautman


Lydia Marcus Kendall


Jessie Kern


Jack Kimbrough


Gerda Lawrence


Dorothy Sloat Leitman


Ruth M. Licata


Irving L. Lichtenstein, M.D.


Alvin A. Lindenauer


Charlotte P. Lukes


Jess Lyons


Sylvia and Jerry Manheit


Dr. Judd Marmor


Susan McCoin


Murray and Marian McDougal


Robin Meadow


Herbert Meiselman


Isa-Kae Meksin


Dr. Seymour Metzner


Richard Miles


Lilly A. Monheit


Ralph Moritz


Richard W. Nathan


Pete Nelson


Bertha Nepove 1976 Trust


Edward Newman


George E, Newman


Fredrik C, Norberg


Joanne Weinhotf O0x00B0' Byrne


Mimi and Fred Okrand


Frances D. Paine


Richard B, Pollak


Oreste F, Pucciani


Daniel Raeburn


Frances Reid


Rose Robbins


in memory of Arthur Robbins


William and Dinah Roe


Kandy and Stephen Rohde


Judy Rome


Arthur Rosen


Selma Rubin


Matilda H. Rummage


Leo and Frances Sandron


Lois Satterburg


Bernice McCollum


Dr. Robert Schwartz


Mr. Herluf Kanstrup


Charles Shafer


Sherwood (Bob) Shater


Robert H. Shutan


Barbara Snader


Margaret Solis-Small


Paul Spindler


Preva Springer


in memory of Joe Springer


Harry A. Steingart c


Evelyn Stern


Michael and Sylvia Stolzberg


Gene Stone


Catherine Sullivan


Florence Temkin


Norman and Leona Terry


Mrs, Joseph J. Thein


Frances Troy


Mr. and Mes, Sid Turkish


Dr. Walter C. Varnum


Lee M. Waterhouse-Bdwards


Donald BE. Watson


Robert S. White


ynion leader against us getting more help for you out on the


street?' And the officers themselves had no rationale for why


he was doing that. The only thing I can think of is that he


would prefer that the officers who were on the books get a pay


raise rather than the city hire more police officers.


[think that's a union tactic more than anything else, which


leads you to believe that Violante is not concerned about the


citizens we are supposed to serve, but with the officers that


he represented. Violante has shown that he really doesn't


want to serve the people in this city the way they should be


served.


I'd like to see him move back into the city so he can see


what's going on the street and let him be dependent upon the


LAPD to come when he calls. I live in the city. I've lived in


the city ever since I've been in Los Angeles.


RR: We certainly had our criticisms of Daryl Gates.


We had differences with Ed Davis when he was chief. Both


of them were strong leaders. But what it seems may be


happening is that Mayor Riordan is trying to set up dual


leaders of the LAPD: Chief Williams and Deputy Mayor


Violante.


This will take away from Willie Williams the power that


other police chiefs had. With this turn of events, he may not


be able to run the department the way he would like.


JB: That's my biggest concern. In fact, when I saw


the television news reports of Dick Riordan's recent appear-


ance at a rollcall at Van Nuys Division, I talked to Chief


Williams and said, `You are going to have to get busy going


to rollcalls, too, and to staff meetings and training days


because I can see what is happening here.


`Itappears to be acampaign to capture the hearts and souls


of the people on the street. You are in a competition, it looks


like Dick Riordan is currying favor with the rank and file.


Certainly, Violante is. So you are going to have to get out


there trying to promote your philosophy and approach.'


My concern is Willie Williams might be undermined in


what he is trying to do. I think it is all the more important for


him to really work at that. He must have the support of his


staff and his command people. I sat on promotion boards for


captains coming up for commander and I questioned each


one of the candidates who came before me on what they were


going to do to provide that support to Willie Williams.


I got some very good answers and I got the feeling that


they were in support of Willie Williams and they were really


going to work to assist him. All of the work he has done this


past year could go away with the kinds of things I see being


done by Violante and I would imagine Violante is the one


who's giving Riordan the advice to start going to rollcalls.


The mayor didn't come up with that himself.


RR: - Doyouthinkthere


is a serious division within the


Police Department?


JB: Yes, absolutely...


More minority and women of-


ficers are in support of Willie


Williams. That is the division


you see in the department.


[think that is the problem we are facing and the one we' ve


been trying to address for the last two years. Daryl Gates


Succeeded in capturing the support of the primarily Cauca-


sian members of the department. His radio program contin-


ues to do that. I think he succeeded in creating this division


that's taking place in the department.


RR: Whenthe mayormade his appearance at that Van


Nuys rollcall, we were very concerned about his statement


that the city attorney had not effectively represented officers


I civil suits. When he said he was going to appoint a


committee to study it, it seemed to us he was saying to the


police officers: `It's OK to use excessive force.' What did


you make of all of that?


JB: Ithoughtthat was abig mistake for him to say that


because police officers, if they can interpret something that


fa Affairs:


Vol. 68 No. 5


will give them the support they think they should have to use


force in making arrests or not treating people with courtesy,


they are going to interpret it that way.


One thing I learned a long time ago, you have to be very


clear when you talk to police officers. You cannot allow for


any misinterpretation, and I think that is what Dick Riordan


has done by making that kind of a statement. The officers


"It's not feasible to hire


3,000 police officers in four years and


Only 3% of [LAPD] applicants are successful.


`In order to process the number that would net 3000, we're


talking about processing 100,000 applicants. I wish that the


mayor had talked with someone before he made that promise


because I think that's a very impossible commitment he


made. It would be detrimental to the LAPD to just try to fulfill


that campaign promise without concern for the other areas


that I would be concerned about.


RR: We'rea long way from implementing the Chris-


topher Commission recommendations. One of the recom-


mendations that we would like to see implemented as soon as


possible is the Officer Behavioral Indicators Tracking Sys-


tem (OBITS) computer, which would make it possible for


commanders from the chief to division captains to track


potential problem officers. What's holding that up?


JB: We sent a request over to the mayor for the


money-$700,000 for the full system or $92,000 for a pilot


system-that would allow us to implement that.


We got a note back saying that because of the city's


financial crisis, we cannot implement that right at this point.


So I don't think it ever went to the city council. I think it just


stayed inthe mayor's office. OBITS, to me, is one of the most


critical parts of the Christopher Commission recommenda-


tions because it does put in place accountability-from the


chief of police down to the division commander.


When that is in place, we would be able to say, `Captain,


lieutenant, whoever, you have a problem in your com-


maintain our standards.


In order to net


3,000, we're talking about processing 100,000 applicants."


went out of there feeling very pleased: `Now we've got the


mayor behind us and so now we don't have to worry if we


have to use a little extra force to take someone into custody. '


It frightens me that a statement like that was made to a


group of police officers. You will find that the Valley has


most of the senior police officers in the city. And you find


most of your brand new people on the south end and on the


east side and some cases on the west side.


We find the old timers are the ones that you have great


difficulty getting to change their philosophy and


approach. With the newer officers, you have a


chance of getting them to buy into community-


based policing, for example-serving the public


rather than being the invading army to go out and


just throw bad guys in jail.


So those senior officers are feeling good about


Dick Riordan right now. Willie Williams just


recently added to the strength of Internal Affairs.


The union has been screaming ever since they


found that out and now Dick Riordan comes


along and says we should give you more latitude


if you have to use a little extra force.


What does that do to all of the work we' ve tried


to do since the Christopher Commission report


came out?


RR: Recently, Mayor Riordan addressed criticism, by


Chief Williams and others, of his campaign promise to add


3,000 more offic-


ers in four years. 3.000 2


He said that if


training that


many would take so long that we can't do it, he's going to


fulfill his campaign promise by hiring officers from other


departments.


It seems to me that would decrease standards that have


been set through the years for the LAPD. What do you think


about hiring officers from other departments?


JB: I wish he had consulted with me or Chief Wil-


liams or someone before he made that promise, because it's


really not feasible to hire 3,000 police officers in four years


and maintain the standards we have maintained.


There is a certain process we put people through, regard-


less of whether they are new applicants or someone who's


already a police officer with another agency. We tend to look


at officers from other agencies a lot closer than we do the new


applicants because a lot of times, you'll end up with people


who have gotten into trouble with their former agency or


disgruntled employees who want to leave another agency.


It isn't that easy to hire people from other police depart-


ments, so that is not a solution to getting the 3,000 on as soon


as possible. When you talk about 3,000, only 3% of our


applicants are successful in eventually becoming a Los


Angeles police officer.


Riordan's Magic Number


OPENFORUM


mand-an individual who is creating major problems out


there-and you have done nothing about it. Therefore, we


will not give you merit pay. We will not promote you. We


may discipline you because you are not fulfilling your


responsibility as a commanding officer.'


Right now, it has to be done by hand. You have to go


through each officer's file to find out who may be creating a


problem on the street unless you have some other method of


monitoring all of the officers who work for you. OBITS has


been fought by the union, and I mean aggressively so.


RR: _In the aftermath of


the Rodney King beating, one of


Ch r i ye h O i d the fee was that the officers


2 didn't have the techniques they


LY lyth needed to subdue him because


they needed to be able to use the


chokehold again, which has been forbidden. Do you think


the chokehold is such a necessary technique in the arsenal


available to officers?


JB: No,I donot and I'm surprised it didn't come out


more clearly in that trial when officers were saying "We were


taught not to come in physical contact with a suspect so that's


why we didn't use the swarm technique."


Well, they certainly do have to come in physical contact


if you are going to use the chokehold, so I don't buy that


argument.


I think there are other ways of taking people into custody.


First of all, you don't get them to the point where you have


to fight with them. Our training tries to emphasize that you


can talk people into jail. [had departments that taught me you


can either fight all night and go home with broken arms and


black eyes or you can talk to people like they should be talked


to and go home feeling good.


I learned that a long time ago in Chicago and I think this


is something we need to emphasize more with our police


officers. You can talk people into jail or you can fight them


into jail. They are going to jail either way, so it's best to get


them there without having to fight them.


The


RR: During your tenure as president of the Los


Angeles Police Commission, we certainly had our disagree-


ments, but we could always discuss them-frankly and


honestly. Because of that, and your commitment to police


reform, we here at the ACLU came to have the greatest


respect for you.


The people of Los Angeles will undoubtedly miss the


experience and wisdom you brought to the commission. We


can only hope that the new mayor and his administration


come to understand the true nature of the problems unique to


Los Angeles and that they continue the improvements for


which people like you, and so many others, have fought.


Thank you for sharing your thoughts and time with us today.


JB: Thank you, Ramona. "


5


Page: of 12
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Details
Title

Open forum, vol. 68, no. 6 (Summer, 1993)

Creator

American Civil Liberties Union of Southern California

Date

1993 Summer

Identifier

ACLUS_1659

General notes(s)

From bound edition 22

Genre

Newspapers

Physical description

12 pages, 44 x 28 cm

Publisher

Los Angeles(Calif.): American Civil Liberties Union of Southern California

Preferred citation

Open forum, vol. 68, no. 6 (Summer, 1993); Open forum, newsletter of the ACLU of Southern California, PER ACLUS; California Historical Society.

Rights statement

In Copyright

Publication rights

Gift of The ACLU Foundation of Southern California, 2022. Copyright (or related rights to publicity and privacy) for materials in this collection, created by the American Civil Liberties Union of Southern California, was not transferred to the California Historical Society (CHS). Permission for reproduction or publication of materials in this collection beyond that allowed by fair use must be secured from the copyright holder.

Topical subject(s)

Civil rights
Civil liberties

Geographical subject(s)

Los Angeles (Calif.)

Collection identifier

PER ACLUS