Open forum, vol. 68, no. 8 (Winter, 1994)

Well-Regulated

Militia

The Second Amendment and Guns.

Debunking

the Myth About

BY CHRIS SPRIGMAN

The American people increasingly favor gun control.

Arecent Time/CNN poll revealed that 92% of the public

supported the recently passed Brady Bill, which imposes a

5 day waiting period on handgun purchases. The same poll

showed that 60% of the public are in favor of even tougher

measures. .

But in spite of the public demand for tighter gun restric-

tions, the National Rifle Association and similar pro-gun

- organizations continue to oppose even such modest steps

as the Brady Bill. Gun lobbyists believe, unhesitatingly

and unyieldingly, that the Second Amendment to the U.S.

Constitution grants the inalienable right to own guns, no

matter the cost in lives.

- But does the Second

Amendment really guaran-

tee an unrestricted right to

possess deadly weaponry?

The Supreme Court doesn't

think so.

In United States v. Miller

(1939), the Court upheld a federal law banning possession

of sawed-off shotguns. The right to arms granted by the

Second Amendment, the Court stated, is limited to weap-

ons that bear a "reasonable relationship to the preservation

or efficiency of a well-regulated militia." Possession of a

sawed-off shotgun, which has no appreciable military use,

could thus be banned. -

`OPENFORUM

Winter 1994

The Miller Court

based its holding directly

on the Second Amendment's

text, which provides that

A well regulated Militia, being necessary to the

security of afree State, the right of the people to keep

and bear Arms, shall not be infringed.

As is clear from the text, the amendment's animating

purpose is the maintenance of "well regulated" state mili-

tias. The Founders of this country relied upon state volunteer

militias, organized and funded by the state governments, to

provide a vital bulwark against possible tyranny from the new

federal government and its standing army. James Madison,

writing in The Federalist Papers, made clear the role of the

According to the U.S. Supreme Court, there is no

constitutional barrier to wide-ranging, effective gun control.

state militias in maintaining a balance of power between the

federal government and the states:

Let a regular army, fully equal to the resources of the

country, be formed; and let it be entirely at the devotion

of the federal government; still it would not be going

too far to say, that the State governments, with the

people on their side, would be able to repel the danger.

oe)

Vol. 68 No. 8

The High

Court's deci-

sion in Miller-

and the three other times the Court considered the Second

Amendment-honors the Founders' commitment to pre-

serve the state militias, while making clear that the second

Amendment is not an absolute "right to bear arms."

Rather, the Second Amendment allows for the continu-

ation of state militias and allows them to be effective by

preventing federal confiscation of militia weapons-and

that's all it does.

Private gun ownership that is not neces-

sary to the maintenance of the militia is not

protected by the Second Amendment.

Given the Second Amendment's narrow

focus, there is simply no constitutional bar-

rier to gun control measures. Handguns-

of Southern California

INIHOVHYVd NY TIVv

which cause more death and injury on American streets (c)

than any other type of weapon-are mostly unsuitable for

military use and are irrelevant to the maintenance of an

effective militia. Under Miller, therefore, individual pos-

session of handguns may be banned completely without

offending the Second Amendment.

please see Second Amendment, page 7

Paul Hoffman to Step Down

as AGLU/SC Legal Director

BY OPEN ForRUM STAFF

Hoffman is leaving to establish a public

-GROUPCHALLENG

ACLU/SC board member among 178 who face felony

charges; some passports confiscated upon return.

PHOTO COURTESY OF JOYCE FISKE

ACLU/SC Board Member Joyce Fiske with some new friends in Cuba.

BS CUBA TRAV

Ny

communities all over Cuba and met with

4

AN

: BY ALLAN PARACHINI

An ACLU board member is among 178 Americans who may face federal prosecution

for traveling to Cuba in defiance of a Cold War-era ban on visits by most civilians to the

President Fidel Castro.

+" Caribbean nation. The group of Americans spent several days in mid-October touring

Among the group was Joyce Fiske, a longtime board member of the ACLU and ACLU

Foundation of Southern California. Fiske is also the Southern California affiliate's

national board representative.

Before departure, the American party made public its intentions, vowing to test the Cuba

tavel ban by, essentially, daring the government to prosecute members. The ban was

originally imposed in the early 1960s by President John F. Kennedy.

Rescinded in the late 1970s, the ban was revived by President Ronald Reagan in 1982

at a point in history where the 1960s tensions between the U.S. and Cuba were relics of

history. Under the policy, Cuba is off limits to most Americans, except for journalists.

When the American group returned, Customs officials at various ports of entry

confiscated passports, searched luggage and interrogated members of the group. Although

please see Cuba, page 2

Tacitus said that reason and judgment

are the qualities of aleader. What he forgot

to mention is humanity.

After nearly a decade of exemplifying

those three qualities and much more, Paul

Hoffman will be stepping down as legal

director for the ACLU Foundation of South-

ern California this February.

"Although we will continue to work

with Paul, I cannot help but consider this a

great loss-both personally and profes-

sionally," said Ramona Ripston, executive

director of the ACLU/SC.

"T consider Paul a true friend and it has

been a joy to work with him. He is a

brilliant lawyer and he has made this legal

department a model of progressive action.

"On top of that, he is simply a warm,

kind-hearted man. Everyone here is going

to miss him tremendously."

See

Page 4

LAUSD

Superintendent

Sid Thompson

Talks Education

With Ramona Ripston

interest law firm specializing in constitu-

tional, civil rights and international human

rights litigation. He will also handle gen-

eral civil litigation and criminal appeals.

Before becoming the legal director in

July of 1984, Paul Hoffman had dedicated (c)

much of his life to the cause of civil liber-

ties and social justice. As a lawyer in

private practice and later as alaw professor

at Southwestern University School of Law,

he had worked as a volunteer lawyer for the

ACLU on some of the Southern California

affiliate's most important cases.

In the early 1980s, Hoffman served as

lead counsel in the landmark police spying.

case, Coalition Against Police Abuse v.

Board of Police Commissioners. After 6

years of litigation, the case settled for $1.8

million and resulted in the most far-reach-

please see Hoffman, page 7

Res,

Gas Chamber

Decision Expected

A ruling on the constitutionality of execution in the

gas chamber in California was being awaited

in late January after a final hearing before a

San Francisco federal judge.

The ACLU had sought an order banning use of

lethal gas in executions from U.S. Dist. Court

Judge Marilyn Hall Patel. A decision in the

case is expected soon.

The request grew out of litigation filed by the

ACLU of Northern California over the April,

1992, execution of Robert Alton Harris. If Patel

grants the order, it will be a major victory for

opponents of the death penalty.

BY ELAINE ELINSON

The ACLU challenge to the constitu-

tionality of death in the gas chamber

prompted an historic trial last October in

San Francisco federal court.

Appearing before U.S. Dist. Court Judge

Marilyn Hall Patel, attorneys for the ACLU

of Northern California argued that use of

the gas chamber violates the Eighth Amend-

ment prohibition of cruel and unusual pun-

ishment.

A trial in the case in question, Fierro,

Harris and Ruiz v. Gomez et al, began last

His head desperately smashed

against the pole over and over

again, He slumped and lay still

for a few moments, then tensed

up and resumed his struggling,

again smashing his head

against the pole.

Eyewitness account

of a gas chamber execution. .

Oct. 25. ACLU/NC staff attorney Michael

Laurence and cooperating attorney Warren

George had earlier petitioned for a court

order banning use of the gas chamber, a

fixture of California capital punishment

cases since the 1930s. Witnesses de-

scribed the suffering inflicted by the gas

chamber. Written declarations from ex-

ecution eyewitnesses, doctors and Holo-

caust survivors were presented.

Air Hunger

"The prisoner will experience the terror

of air hunger, a sense of strangulation, and

desperate gasping for breath," said medical

expert witness Dr. Howard Kornfeld. A

San Francisco physician certified to treat

victims of cyanide poisoning. He said

death in the gas chamber is like "`a simulta-

neous stroke and heart attack."

"His face was red and contorted as if he

were attempting to fight tremendous pain,"

one witness said of the April, 1992, Ari-

zona execution of Donald Harding. An-

other observed that "Don's body started

convulsing violently and his arms strained

against the straps. His face and body turned

a deep red and the veins in his temple and

neck began to bulge." After the Harding

execution, Arizona passed legislation to

permit execution by lethal injection.

In 1983, Mississippi put Jimmy Lee

Gray to death in that state's gas chamber. A

witness remembered, "the chilling sound

of his head desperately smashing against

the pole reverberated through the air over

and over again. He slumped and lay still for

a few moments, then tensed up and re-

BY ELIZABETH SCHROEDER

In November, 1993, ACLU general counsel Mark Rosenbaum

filed two ground-breaking class action suits on behalf of children

with special needs.

In the first case, Smith v. Department of Health Services, a

coalition of public interest organizations filed a federal civil rights

class action against the California Department of Health Services

for its failure to provide low-income, Medi-Cal-eligible children

with necessary medical treatment.

The suit contends that the state has failed to meet federal

requirements to provide medically necessary procedures for iden-

tifying and treating children with special needs through the Med-

icaid Act's Early and Periodic Screening Diagnosis and Treatment

program. The federal program provides eligible children with

individualized interventions to correct or ameliorate physical or

mental defects.

Among the kinds of

services currently

and routinely de-

nied are in-home

care, psychological

services and behav-

ior therapy.

One of the plaintiffs in the case, a 16-

year-old Los Angeles girl, suffers from

loss of cognitive function and severe de-

pression after surgery for a brain tumor.

After a six month stay in a psychiatric

hospital, her doctor submitted a request to DHS for four

individual and four family therapy visits each month to

avoid rehospitalization. Medi-Cal limits the girl to two

individual visits each month, and does not provide family

therapy.

Joining the ACLU in the suit are Mental Health Advocacy

Services, the National Health Law Program, Protection and Advo-

cacy, Inc., Channel Counties Legal Services Association, and the

Children's Rights Project of Public Counsel.

In the second, unrelated case, Smith v. Los Angeles. Unified

School District, the ACLU filed the first class-action lawsuit of its

kind to ensure that children with disabilities are properly identified

and placed in appropriate special education programs. The LAUSD

is required, under the federal Individuals with Disabilities Educa-

tion Act and the Rehabilitation Act of 1973, as well as the 14th

Amendment, to identify disabled children; particularly those with

Chanda has a visual disorder

that makes it difficult for her

to process written information.

Recent testing showed that her

reading and math skills are at

2nd and 3rd grade levels.

ACLU General Counsel Mark Rosenbaum

Tackles the State Health Services and the LAUSD,

learning disabilities, and provide related services necessary for

them to participate successfully in and complete elementary and

secondary schools.

The named plaintiff in the case, Chanda Smith, sought

years. Chanda has a visual disorder that makes it difficult for

her to process written information. Recent testing showed

that Chanda's reading and math skills are at 2nd and 3rd grade

t

{

placement in special education classes for more than two

levels, and that she cannot process |

numbers well enough to tell time,

Nevertheless, she was enrolled for

two years in 10th grade classes. Both

she and her mother repeatedly re-

entered high

school. Previ-

ously, she was

Nevertheless, she was enrolled

for two years in 10th grade classes. eceiving spe.

cial tutoring in

middle school.

The District has since agreed to enroll Chanda in a private special

education school until she is 21.

"Thousands of children are being deprived of the opportunity

for a successful education," said ACLU attorney Rosenbaum. "A

simple change in procedures - for example, asking parents at the

quested special classes when Chanda '

time of enrollment if their child has or is believed to have a learning -

disability, and structuring training for teachers to recognize signs '

of disability - would go a long way toward assuring that children

received the basic educational rights to which they are entitled."

The ACLU was joined in the suit by Robert Meyers and Katharine

Krause of the firm of Newman, Aaronson and Vanaman. a.

Cuba Travel Ban Put to the Test

before the Fiske party returned from Cuba,

the Justice Department has been consider-

ing whether to prosecute.

continued from page 1

Fiske was not among those whose passport

was confiscated, she and the rest of the

-group subsequently learned that the U.S.

Department of Justice was considering felony

prosecution of all of the Cuba travelers.

"My trip might be perceived by some as

an act of civil disobedience," Fiske said.

"We were aware that, upon our return, the

government might take the position that we

faced the possibility of a 10-year prison

sentence, a $250,000 criminal fine and a

$50,000 civil fine. We disagree with that

interpretation, but I felt it was important to

make this public protest about this restric-

sumed his struggling, again smashing his

head against the pole." Gray's execution

led Mississippi to abandon gas in favor of

lethal injection.

A bill passed by the California Legisla-

ture following Robert Harris's execution

in 1992, "forces condemned inmates to

choose lethal injection to avoid a painful

death by lethal gas," said Laurence. How-

ever, under the legislation, if the inmate

refuses to choose, as David Mason did, the

state will kill him in the gas chamber.

"David Mason must be the last Califor-

nian executed in this barbaric fashion. Le-

thal gas constitutes the unnecessary inflic-

tion of pain and torture," asserted Laurence.

"We must not allow torture to be an option

for California." .

Elaine Elinson is the director of public

information of the ACLU of Northern California

tion on our fundamental right to travel.

"Whatever one's view of U.S. Cuba

policy is, the embargo is punitive. It causes

great suffering among the people and has

absolutely no national security justifica-

tion. Certainly, the ban is a violation of a

basic civil liberty and makes no sense now

that the Cold War is over.

"We simply can't allow our govern-

ment to determine what we can find out for

ourselves about the world."

In mid-November, Gary Stern, legisla-

tive counsel at the ACLU Washington of-

fice, carried the fight over the Cuba travel

ban toa House subcommittee. Since shortly

A Cuban mural expresses the sentiments of the American group.

Stern told the subcommittee: "The

ACLU supports Secretary of State Warren

Christopher's. recent statement that `the

free flow of information can advance, rather

than hinder, the foreign policy goals which

embargoes seek to accomplish.'

"We believe that the same holds true for

the freedom to travel."

Fiske and Ron Wong, ACLU field/leg-

islative director, have been organizing 4

letter-writing campaign in which ACLU

members are urged to press their members

of Congress for legislation to overturn the

travel ban. For more information contact

Ron Wong at (213) 977-9500 x261. `

PHOTO COURTESY OF JOYCE FISKE

5

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KKK Statute Used Against -

Anti-Abortion Extremists -

BY CAROLYN KELLOGG

Using a 122-year old statute popularly known as the "Ku Klux Klan Act," the ACLU

has won a ruling that allows health care providers and individual women to bring their

claims against anti-abortion groups to federal court.

On Oct. 29, a three-judge panel of the U.S. Ninth Circuit Court of Appeals voted 2-to-

| that federal courts have jurisdiction to hear claims that anti-abortion groups have violated

federal civil rights laws by deliberately conspiring to frustrate and hinder law enforcement

efforts to open clinics.

Based on the "hindrance" clause of the 1871

statute, the panel ruled in favor of an injunction

suit against the group Operation Rescue regard-

ing its blockades of health clinics. The suit was

brought by the ACLU of Southern California and

the ACLU of San Diego and Imperial Counties.

"For the first time, this particular law can be

put to use," said ACLU Senior Staff Attorney

Carol Sobel. "The decision helps to ensure that

California's women will continue to have access

to health clinics for pre-natal care and abortion."

The federal appeals court ordered a lower court

to reinstate a class-action lawsuit filed in 1989

against Operation Rescue by the ACLU. The

plaintiffs in the case are 12 health care providers,

the California National Organization for Women,

and three individuals.

Operation Rescue has openly conspired to frus-

trate and hinder law enforcement efforts to clear

access to clinics in recent years. In the spring of 1993, Los Angeles clinics were the target

of a weekend of blockades. A primary strategy of the organization is to link arms and

physically block clinic doors and resist the efforts of officers to clear pathways to the

"For the first time,

this particular statute

can be put to use.

The decision helps fo

ensure that California's

women will continue

to have access fo health

clinics for pre-natal

care and abortion."

ACLU Senior Staff

Attorney Carol Sobel

clinics.

With the ruling, women whose access has been blocked and clinics that have been

unable to open their doors to provide health services such as birth control, counseling, and

abortion can seek recourse in federal court. =

Reading Playboy is not sexual harrassment says ACLU.

FIREHOUSE MAGAZINE BAN

VIOLATES 1ST AMENDMENT

BY MARY TOKITA

The ACLU Foundation of Southern

California is leading the challenge to a Los

Angeles County Fire Department policy

-which bans "sexually-

oriented" magazines from

all work locations. The

policy specifically includes

three magazines: Playboy,

Penthouse and Playgirl.

The federal lawsuit was

filed on Dec. 17, on behalf

of Capt. Steven Johnson,

a 27-year veteran of the

force who has been life-

long reader of the maga-

zine Playboy.

Firefighters at the Lake

Los Angeles firehouse

where Capt. Johnson is

stationed work an average

of ten 24-hour shifts each

month, During evening

hours, if there are no emer-

gencies during these

shifts, firefighters have a

limited time for personal

leisure.

Although Johnson had

used this time in the past

to read Playboy, the

county fire department's

new sexual harassment

policy now prohibits this and he has since

kept his magazines at home. After his

CJH

Human Rights Watch and ACLU

Issue Report on U.S. Compliance

with International Covenant

BY ALLAN PARACHINI

Challenging the Clinton Administration on human rights

conditions in the United States, the ACLU and Human Rights

Watch released a report on American compliance with an

international rights convenant.

The 128-page report was released on Dec. 14 at a Los

Angeles news conference by Ramona Ripston, ACLU execu-

dards.

Human Rights Watch monitors Father Matias Camufias Marchante of

Venezuela and Sister Nohemy Palencia of Columbia listen to an ACLU/HRW

news conference. An unidentified translator sits between them.

Trisha Murakawa (right) has been elected president of the American Civil

Liberties Union of Southern California. Murakawa's election follows the

resignation of Antonia Villaraigosa who has announced his candidacy for

California's State Assembly.

Other officers elected at the Jan. 19 board meeting were vice presidents:

Nancy Greenstein (1st); William B. Wong (2nd ); Alex Sharpiro (3rd); and

Duncan Donovan (4th). Secretary/Treasurer: Frank Cooper. Assistant

Secretary/Teasurer: Lloyd Smith. National Board: Joyce Fiske.

New at-large Board Members elected to three-year terms were Susan

Alva, Angelo Ancheta, Rev. Jim Lawson, Rosa Martinez, and Frank

Wilkinson. Elected to a two-year term was Rabbi Allen Freehling; and

elected to one year terms were Evangeline Ordaz and Jorge Mancillas. =

Vol. 68 No. 8

tive director, and Ken Roth, New York-based executive direc-

tor of Human Rights Watch.

__ The report, on which the ACLU national office also col-

laborated, was released in Los Angeles to underscore the

degree to which the image of our city in the wake of the

Rodney King beating has left an indellible international im-

pression of human rights conditions in the U.S.

The report was timed to precede release by the Clinton

Administration of the first American report on this country's

compliance with the International Covenant on Civil and

Political Rights. The covenant, which the U.S. signed in 1992,

governs international compliance with human rights stan-

The anticipated compliance report represents the first time

the U.S. has ever had to account to the world

community under an international agreement

for domestic human rights conditions. The

ACLU/Human Rights Watch report found

shortcomings in prison conditions, immigrant

and refugee rights, racial discrimination, lan-

guage rights, gender discrimination, religious

liberty and freedom of expression in the U.S.

"The human rights record of the United

States is not as good as it could be or should

be," Ripston said. "There are serious viola-

tions occurring in the U.S. in a variety of

critical areas."

To obtain a copy of the report, contact the

ACLU Public Affairs Department, (213) 977-

9500, x260. a

OPENFORUM

ALLAN PARACHINI

LACFD Capt. Steve Johnson

"We feel that as long as someone

is simply reading a magazine in

private without disturbing any-

one else, that's his or her right."

ACLU/SC Executive Director

Ramona Ripston

internal complaint about the policy was

dismissed, Johnson contacted two private

attorneys who in turn contacted the ACLU

Foundation of Southern California.

The suit calls on the

Los Angeles County

Fired Department to

eliminate the one line of

its 1992 sexual harass-

ment policy for its viola-

tion of the First Amend-

ment. The first hearing

on the case, seeking pre-

liminary injunctive relief,

was set for Feb. 3.

At a press conference

announcing the filing of

the suit, ACLU/SC Ex-

ecutive Director Ramona

Ripston made clear the

distinctions between

sexual harassment and

violations of the First

Amendment.

"While we applaud the

department for its efforts

to make women comfort-

able in the workplace, poli-

cies cannot violate a

person's right to read-

without disturbing co-

workers-legally pro-

tected material on his or

her own time," said Ripston.

"This suit is very, very specific. It is

about one person reading a magazine. It

is not about putting up centerfolds, or

showing the magazine to someone who

does not want to see it, or making com-

ments while reading the magazine-these

are actions the American Civil Liberties

Union of Southern California would con-

sider sexual harassment. And we have

successfully challenged such actions in

the past."

In January, the National Organization

for Women expressed its support of the fire

department's policy. The group has sub-

mitted an amicus brief that contending that

the mere presence in firestations of Play-

boy and other magazines of a sexual nature

was a threat to women firefighters.

"We welcome NOW's perspective on

the matter, but we disagree," said Ripston,

a longtime member of the group. "We

feel that as long as someone is simply

reading a magazine in private without

disturbing anyone else, that's his or her

right. To ban someone's private reading

material is nothing short of government

censorship." 2

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. Membership is $20 and up, of which $2

is the subscription fee for OPEN FORUM.

Second-class postage is paid at Los Angeles,

CA, under the act of March 3, 1879. POST-

MASTER: Send address changes to OPEN

FORUM, 1616 Beverly Blvd., Los Angeles,

CA 90026.

President, Trisha Murakawa

ACLU Foundation Chair, Danny Goldberg

Executive Director, Ramona Ripston

Editor, Christopher J. Herrera

Contributing Editors, Carolyn Kellogg,

Allan Parachini, Elizabeth Schroeder,

Mary Tokita, Ronald Wong

x

The Immigration Backlash

Ramona Ripston: We've seen an

enormous increase in backlash against immi-

grants in the last few months and, now, we've

begun to see that backlash being directed at

young people and education.

Recently, an Assembly committee killed a

bill that would have required all California

school districts to inquire about the immigra-

tion status of students. The bill tried to circumvent a U.S.

Supreme Court decision which protects the rights of all

children to be educated.

The bill, if it had passed, would have required schools

to file reports about the immigration status of their stu-

dents. We're sure we haven't seen the last of- this and

several other bills that would make it much more difficult

for undocumented immigrant children to be educated.

What kind of pressure will there be on the LAUSD in the

coming year or two as a result of this growing hostility

toward immigrants?

Sid Thompson: | think the immigration issue

falls in the same category in an election year as prisons,

crime control-all those things. They're at the fore, and

immigration, in our country, can always be seen, unfortu-

nately, as a matter of race.

When I was a deputy superin-

tendent, I remember saying to the

principals at the start of every

year, `Remember, when they

come to the counter to enroll, we

don'task where they're from. We

can ask who they are and where

they're living. But after that we

take them on board and we edu-

cate them.'

I've been asked of late about a possible legal require-

ment to investigate the immigration status of our children.

That possibly could come.

RR: It probably will, yes.

ST: Just like Proposition 174, we will actively fight it.

It's my intention as superintendent, to say: `Pardon me.

These kids are here. What are you telling me? To leave

them on the street?' It's like mandatory expulsion for

having guns in school: You can deal with the problem here

in school or out there on the street.

If immigrant children are here, for God's sake, educate

them. What's to be gained by not? It's penny-wise and

pound-foolish not to offer them public education.

We worry about it, though, because the environment is

such now that the public can find lots of ways to rationalize

doing things that are based on vengeance and desperation.

in

conversation

with

American superintendent on July 1, 1993.

through 12.

eral, and the LAUSD in particular.

defeat of Proposition 174, the school voucher initiative.

My position-and I believe this board's-

is that we would fight it. Our board would not

want to be put into that position of asking "Are

you illegal or legal?'

But, if they impose a law, then we' re into an

interesting position. I think we would all have

to hold hands on that.

RR: We'd be with you.

ST: Good! If that time comes, we all need

to come together, like we did on Prop. 174.

We' reall going to have to come together and say `Enough!'

Mandatory Expulsions

RR: What is the District's policy about 14-, 15-, 16-

year-olds who are expelled because of weapons offenses?

If they get expelled because they're habitual offenders

immigrant children are here, for God's sake,

educate them.

It's penny-wise and pound-foolish not to.

whose behavior is dangerous to other students, faculty and

staff and the school needs them out, that's understandable.

A teacher has a difficult enough job when the class size is

so large.

But we have some concerns that what's happening is

that the schools are expelling these kids, these students, to

the street. ;

ST: Remember, we expel elementary kids now [for

having weapons or facsimile weapons at school]. Last

year, we expelled 42 elementary school students and most

of them were for bringing weapons, including guns, to

school. These kids brought weapons to school and they are

out. For weapons.

[According toanLAUSD statistical survey prepared for

the ACLU, in the 1991-92 school year, 11 elementary

school students were expelled, but allowed to remain in

Sidney A. Thompson, who began his career as a teacher in the

Los Angeles Unified School District in 1956, became its first African-

Thompson, 61, is the 42nd person to hold the office of Los

Angeles superintendent of schools. The LAUSD has a total enroll-

ment of nearly 792,000 students, of whom 640,000 are in grades K

For more than an hour one recent morning, Thompson and

Ramona Ripston talked about key issues facing education in gen-

The wide-ranging discussion touched on school safety and

violence issues, the current backlash against immigrants, and the

What's to be gained by not?

Ramona Ripston

The interview occurred several weeks before the tragic

Northridge earthquake forced districtwide school closures.

Also several days after the interview, the LAUSD, Los

Angeles Police Department and other public agencies

announced a program to establish safe corridor routes

through the communities around two Los Angeles area

schools, including one in the LAUSD.

Greatly expanded use of such corridors-to provide

children a safe route to and from school-was a corner-

stone recommendation of "Safety and L.A. Schools," an

ACLU report released last June.

Thompson also discussed the LAUSD's implementa-

tion of a settlement in Rodriguez v. LAUSD. The case was

an ACLU lawsuit that challenged allocation of financial

and personnel resources among schools in affluent and

disadvantaged communities throughout the district.

Thompson will serveas LAUSD superintendent through

June, 1995. He is married to Julieta Narvaez Thompson,

principal at the LAUSD's Bellagio Road Newcomer School.

The Thompsons have seven grown children. The school

superintendent, a U.S. Navy officer during the Korean war,

is an avid amateur sailor found "not often enough," he

says, aboard his boat, the Havarim (Hebrew for "friends.")

id dyenbompson

school on probation. One elementary school child was |

finally expelled and barred from the school district en-

tirely. In the 1992-93 school year, so-called `suspended

enforcement' expulsions among elementary school stu-

dents increased to 30 while 12 children have actually been

expelled from school.]

This is really interesting

the public can just go off in

many directions. There was

public pressure on this board:

kids on campus.'

So we put in a rule that

says: `Alright, you bring ina

gun and you're out.' Now, I had a parent the other day who

was telling me how she supported that. I said, `That's good,

but let me give you a little caution about going to the mall

or going down the street. Remember, he's out there now, |

not in school.'

The other day, [Board of Education member] Barbara

Boudreaux brought a motion related to looking for alterna-

to me, because it shows how -

`Do something about these

guns. You can't have those. |

tive sites for [expelled] elementary kids. This is a time -

when the resources are just nil. But we ought to be looking

for options for those kids and I don't see anything solved

by putting a kid on the street with no school resources fo!

them at all.

But, you know we had the shooting at Dorsey. Ane

people are just horrified that that happened on a school

campus and they are right. Fairfax, the same thing. Reseda

High, the same thing.

4 ACLU of Southern California Vitae ech

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ed

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And yet we callously accept that five to six kids

die on a weekend. Oh that's "different." Why?

Because they died on a street corner. Oh, the kid

died. You are telling me that it's not as tragic

because he didn't die on school grounds?

RR: There has also been a series of shootings

near schools.

ST: Let's be quite candid. We went to the

metal detectors in an attempt to show some kind of

reaction and try to give some kind of feeling that

we're trying to do something.

If you put a metal detector in the doorway of a

school in Philadelphia, with four exits, it's very

simple. But you can't control egress and ingress at

a Dorsey High or Chatsworth, for example. They

are over the fence in two seconds on a bad day.

To say that we control how you come and go

from school or any high school, middle school, is really stretching the point. So the issue

becomes a much bigger one than can be solved by any metal detector or any other device

you can think of.

We are putting young people out for bringing weapons on campus. Even if that weapon

is a facsimile, it can get you out. Is the answer to put those kids on the street? I don't think

any [reasonable] person would say that's the right way to do it.

We're just frustrated. I believe these kids are salvageable. A lot of them do that stuff

out of fear. As a matter of fact, I suspect that most of the ones who are caught are the ones

who are frightened.

The real hard core gang kid, he knows how to handle a gun and knows where to keep

it. They get very good at this. I've seen it..

So, who gets caught? The silly little guy or girl who says `I'm frightened, I'm going to

say that we control how you come and go from any high school

or middle school is really stretching the point.

0, becomes a much bigger one than can be solved by any metal dectector.

put a gun in my purse and Ill carry it with me.'

RR: Are you expelling the wrong kids?

ST: I wouldn't say we're expelling all the wrong kids, but I would say that certainly

in the mix are kids who are just frightened. Now, one could argue they shouldn't have had

_ the gun in the first place. Being frightened is one thing; bringing a lethal weapon is quite

another condition, because you can do something absolutely stupid, killing a kid acciden-

tally as it happened at Fairfax.

I think our board feels somewhat apprehensive that we're putting these elementary kids

on the street. They just don't know what to do about it. I mean you got the weapon on site,

so then you need an alternative form of education. That's what you really need.

And what does that cost? And where does that money come from? It's not there. But

it bothers me, as an educator, that we're putting these kids out.

Prop. 174 and School Reform

RR: Weall worked very hard and were joyous at the defeat of Proposition 174. In part,

we beat it because the initiative itself was so poorly worded and poorly thought through.

Clearly, there will be more attempts here in California and elsewhere in the country to pass

voucher initiatives. What became apparent to all of us was that people-parents-wanted

some kind of reform in the public schools. I'd like to hear your thoughts about what kind

of reform you would like to see in the district.

ST: On 174, I couldn't agree more. When it comes again it will be properly written.

Then it will become an issue of public education, private education and the financial

support for both. That's a battle that will prove very interesting. This last time I don't think

was a true picture of the problem, the issue within society. Given that, the reform issue

becomes even more critical.

It's very obvious that the middle class basically no longer exists in great numbers within

the public school system, which is becoming increasingly poor. And by `poor,' you then |

Say `disenfranchised' without even getting into the immigration business.

So the people we serve don't have a healthy participation rate within the democratic

system. Given that, it's incumbent on us to do

everything we can within the system to cause the

reforms and the kinds of changes the people will

Say are right for the system.

What we're about with this whole LEARN

(Los Angeles Educational Alliance for Restruc-

turing Now) effort is first of all to create the

environment [for change].

RR: Is there any conflict between imple-

menting the Rodriguezsettlement and LEARN?

ST: I don't see a conflict. I believe that

We've all known inherently that there was some-

thing wrong over the years with the fact that we

were constantly turning over staff in central city

and that that staff was typically young and un-

trained-not totally, but a great deal of it-and

that the sophisticated, mature, experienced teach-

Vol. 68 No. 8

OPENFORUM

ers by some process always ended up west.

LEARN is about doing on-site what you need |

to do to cause the kids to learn. Well, one would

have to say if you're going to put the resources

there, and the resources include brand new teach-

ers in the main, something is wrong with the

resources. So, no, I don't see a conflict in it.

IRR: Change is important and needed, but

money is a problem for this district. How do you

overcome that? There are proposals to break up the

district; there are proposals to train teachers better,

but, financially, how do you do all these things?

ST: Unfortunately, that's the $64 million

question. In the best of all worlds, you would

reform at a time you can support it.

RR: It's upsetting when the governor of

California proposes six new prisons for 1994, but

not a single new school is in the budget.

ST: If we had some new schools we might not need so many seats in the prisons.

RR: Well that's exactly right. Nobody looks to the future. It's the immediacy of

problems.

ST: That's the frightening part. `Give me a quick fix.' And in this society right now,

unfortunately you'll get great support in that. :

Bilingual Education

RR: What about bilingual education? There are many people who are critical of it.

When you live ina place like Los Angeles, it's hard to be critical of it. How do we respond,

or how do you respond to it?

ST: First of all, the students coming in are not necessarily educated in any language.

They're illiterate, many of them, in their

own language and people don't under-

stand what that means. If you are illit-

erate in Spanish, it's very difficult to

talk about literacy in English.

In the language you speak, you speak

it because you hear it, incorrectly or

whatever. To be very honest with you,

[used to bea firm believer-as ateacher _

and as a beginning administrator-in `Give them the English.'

My future wife told me that what I didn't understand was that you are losing in subject

content while all that's happening.

RR: If achild enters a school and does not speak English, at about what grade do you

expect her or him to be proficient enough in the language to make the transition into English

only classes?

ST: We usually talk about around the 4th, 5th and 6th grades. That's where you would

expect that transition to occur if-you had bilingual instruction. Critics of bilingual

education always say, `Well you keep them there and you never get them to English.' And

that's not true. We're about getting to English. It's just we have it phased so we haven't

lost in arithmetic or in history or in science.

So the issue

The Drop Out Rate

RR: I think the critics always talk about the high drop out rate we have here in Los

Angeles. What's being done about that?

ST: That is a major area of concern. A couple of observations: Drop out rate relates

to achievement, to attendance. If you are a youngster who attends school regularly, the

likelihood of you dropping out is decreased. But if you are a youngster who by the third

grade begins to fall behind in grade level achievement, so that by the sixth grade you're a

grade behind, so that by the seventh grade you're two grades behind, you ultimately get a

message that says, `This is not for me, I'm a failure.'

The real battle has to occur around the third, fourth and fifth grades to keep that kid on

grade level. Little ones come in preschool, kindergarten, first grade-they just charge in,

whatever, full of vim and vigor and away we go. The parents are pushing them and

everybody's interested in them.

Third, fourth grade, the youngster getting older, the parent gets a little less involved.

The kid begins to look at the street, begins to listen to what's going on around him, gets

some things that divert him. And the next thing, that decline begins, and its typically there.

It's rare that a kid will achieve all the way through seventh and eighth grade and

suddenly go wild unless it's narcotics or some

illness or whatever. So it's a chain. So the drop

out rate is very closely associated with the achieve-

ment success of the kid, particularly in the middle

grades and elementary as they come up. Because

by middle school, it's too late.

Number two is the attendance rate-letting

the kid slip into a pattern of not coming to school

two days a week, three days a week or there one

period and gone the rest of the day. And all of that

depends on how you approach the kids, how you

get them interested, how you hold them.

As you can see, just from this brief discussion,

making headway in all these problem areas at the

same-time, without adequate resources, is a tre-

mendous challenge...and these young people need

and deserve our best effort. oe

S

The 103rd Congress:

What to Expect

BY RONALD W. WONG

On Jan. 25, Congress reconvened for the second

session of the 103rd Congress. In the coming months

we can look forward to a great deal of legislative

activity. Some of the upcoming issues are:

Immigration

Several immigration related provisions within the

Senate crime bill are of grave concern to the American

Civil Liberties Union. The provisions:

I Permit the use of secret evidence to deport al-

leged "alien terrorists." This is unconstitutional

and unnecessary. Our nation has survived for over

200 years without secret trials. Fundamental due

process requires that all evidence be disclosed so it

can be responded to and defended against.

2 Eliminate deportation hearings for non-perma-

nent resident aliens convicted of "aggravated felo-

nies." This denies the constitutional due process

right to contest a deportation proceeding, leaving

the decision to a single immigration officer. The

INS has a history of mistakenly deporting U.S.

citizens and lawful permanent residents.

3 Require all state and local agencies to provide

information on violations of immigration laws to

the INS at their request. This will make it difficult

for educational and health care agencies to provide

needed services to persons who fear that their

immigration status will be reviewed and disclosed

if they received such services.

4 Criminalize the provision of material support to

terrorists. Although intended to apply to the direct

support of terrorism, it could be used to allow the

FBI and other agencies to investigate groups and

individuals who support political organizations

through wholly lawful activities, as when the FBI

investigated the Committee in Support of the People

of El Salvador (CISPES). This provision should be

amended to make it clear that the government may

not investigate people based on their First Amend-

ment activities.

Please urge House Members to oppose these provi-

sions of the Senate crime bill.

In the upcoming session, there will be several bills

attempting to restrict political asylum.

The ACLU believes that no change in law is needed.

Problems in the asylum system can be corrected by

administrative reforms such as increasing the number

of asylum hearing officers.

_ Several bills in both houses would make it easier for

U.S. immigration officials to deny asylum to those

fleeing persecution. These bills will probably come up

in the Senate Judiciary Committee in February. Urge

members of Congress to act to ensure that all persons

who have a "well founded fear" of persecution are able

to obtain political asylum through a fair procedure.

Abortion Rights

Clinic Access - Both houses passed the federal

Freedom of Access to Clinic Entrance Act, a bill the

ACLU strongly supported. The ACLU did not oppose

a Senate amendment which prohibits interference with

free exercise of religion in or near a place of worship

and lowers penalties for non-violent physical obstruc-

tion. A joint House/Senate conference committee is

expected to act to reconcile the two bills early in

February. Please continue to urge support for the bills

without weakening amendments. __

Title X - Please urge Senators Boxer and Feinstein

to repeal the gag rule as part of the reauthorization of

Title X which funds family planning services. Presi-

dent Clinton acted admistratively to end the gag rule,

however, it is important for Congress to end the ban

legislatively.

Health Care - Urge Members of Congress to

ensure that abortion services are a part of the compre-

hensive benefits package all Americans will receive

under health care reform.

The Crime

BY RONALD W. WONG

On Nov. 19, 1993, the Senate passed

omnibus crime legislation. Many provi-

sions within the bill contain serious civil

liberties violations and are counter-productive to the goal of

reducing crime.

As politicians rush to add stiffer penalties, no one in our

society is any safer. Despite imposing the death penalty for

more crimes, despite astronomical increases in sentences, and

despite a tripling of the federal prison population since 1980, the

crime rate continues to go up.

Some of the provisions within the Senate crime bill include:

13-year-olds could be sentenced to serve mandatory sen-

tences of 20 years or more in federal prisons; teachers would be

required to report school children to the INS, and resident aliens

could be deported without having the opportunity to refute the

alleged evidence against them.

Further, the crime bill would reflect a society that focuses

most of its attention and resources on the punishment of crimes

to the exclusion of workings towards crime prevention. Under

the proposed legislation.a majority of the federal government's

caseload would be prosecuting criminal cases to the instead of

bringing broader civil rights cases.

It is still possible to eliminate many of the worst provisions

of the Senate bill when the House considers further crime

legislation in early February.

_ Specifically, some of the most disturbing aspects of the bill

passed by the Senate include:

Bill

OS

Largest-Ever Expansion of the Federal Death Penalty.

The Senate-passed bill includes the largest ever increase of

crimes subject to the death penalty. Not only does the bill

reinstate death as the penalty for many crimes, it mandates

capital punishment for more than 50 other crimes.

The death penalty is particularly troubling because of the

discriminatory nature in which it is used. Of the 30 capital

prosecutions for drug-related murders under the 1988 Drug

Abuse Act, 22 (73%) have been against African-American

defendants. Half of the remaining eight prosecutions have been

against Latino defendants.

Prosecuting Children as Adults.

The bill requires that juveniles as young as 13 be prosecuted

as adults if they are charged with certain federal crimes. The

mandatory nature of this provision is unprecedented. Currently,

a juvenile under 15 can be tried as an adult only if it

Civil Liberties

final crime nor the preceding two crimes would otherwise be

serious enough to justify a life sentence.

As defined in the bill, a "violent crime" is not limited to the

attempt, threat or actual physical force against a person, but

includes the attempt,

threat or actual physical

force against property as

well. This definition could

cover offenses involving

property damage or non-

violent stealing of a car

radio on federal property. Someone convicted of two separate

offenses involving simple possession of 5.1 grams of crack

cocaine (the weight of two pennies), who thereafter takes a

bicycle from someone in a national park, would spend the rest of

his or her life in jail.

"Gang Association" Provision.

The anti-gang provision of the Senate bill is constitutionally

repugnant. It penalizes members of a criminal gang, defined in

the bill as any group of five or more people who, either individu-

ally or group-wide commit two defined crimes within ten years.

This definition of a gang is vague, ill-defined and contrary to the

First Amendment.

Under the bill, groups that may occasionally commit non-

violent, yet proscribed acts may be prosecuted as a gang. For

example, college club members could face 20 years imprison-

ment if one club member smokes marijuana. If the club president,

or any officer, smokes marijuana, all members would be subject

to a mandatory minimum term of 15 years to life imprisonment.

The anti-gang provision also conflicts with the Eighth Amend-

ment guarantee of proportional punishment. According to Sena-

tor Biden, this provision gives a mandatory 10 year sentence to

the kid who steals a radio to gain entrance into a gang, but the

adult who sells $25,000 worth of heroin receives only five years.

Restrictions on the Rights of Non-Citizens.

_This bill denies federal benefits to lawfully entered aliens

currently allowed to receive them, and forces state and local

agencies, including schools and health providers, to provide

information to the INS about a person's immigration status.

It also allows the use of secret evidence to deport someone

accused of being an "alien terrorist," authorizes the government

to investigate individuals and groups who engage in First Amend-

ment activities in support of the political goals of organizations

deemed "terrorist," and permits summary deportation without

hearings of non-citizens convicted of a long list of crimes.

Overall, the Senate bill illustrates the wrong assumptions

about how to reduce crime and thus provides the wrong allocation

of resources. To effectively reduce crime, proposals must be |

considered in a deliberate fashion without relying on ineffective,

tough-sounding non-solutions. a

would be in the interest of justice, determined by such

factors as the youth's age and social background, prior

delinquency record, nature of past treatmentefforts,and Sims

Statement of Ownership,

Management and

Circulation

(Required by 39 U.S.C... 3685)

availability of programs designed to treat his or her

behavioral problems.

1A. Title of Publication

(c) Perl Forum

1B. PUBLICATION NO. 2. Date of Filing

olsl4lz oO: tl 9B |

isis

This bill prevents judges from taking these critical,

individual factors into consideration. Moreover, this

3. Frequency of Issue

GouaAaRTeER-yY

3A. No. of Issues Published 3B. Annual Subscription Price {

nnually

ps SN ahd

provision will have a disproportionately harsh impact

4. Complete Mailing Address of Known Office of Publication (Street, City, County, State and ZIP +4 Code) (Not printers)

16/16 Bevery Beve . Loy Ansees, CA

goo2e6

on Native American children, since tribal lands are

completely governed by federal law.

5. Complete Mailing Address of the Headquarters of General Business Offices of the Publisher (Nor printer)

1676 Beveery Bevo.

Los Aleees. CA poo2-6

6. Full Names and Complete Mailing Address of Publisher, Editor, and Managing Editor (This item MUST NOT be blank)

Publisher (Name and Complete Mailing Address)

~Amcetiiars Civsce Crvpeeries Untioal of DSoomlerns Caciroratieay

Life Imprisonment for Third Time Felons.

ACL Founberion oF Seurternt CAauroeaiA: 1616 Bevery Bevo; 44, 64,9026

Editor (Name and Complete Mailing Address)

This provision mandates life imprisonment without

parole for defendants convicted ofa third drug or violent

crime offense.

The requirement of mandatory life imprisonment

raises serious.constitutional problems when neither the

2

TV Violence

Currently there are 11 bills to regulate, restrict

violent TV programming and more will be introduced

when Congress returns. In addition, there is one bill that

would impose a rating system on video games and there

is a strong likelihood that rap music will be the next

at Rates

The purpose, function, and nonprofit status of this organization the exempt status for Federal income tax purposes (Check one)

)

receding 12 Months

jas Not Changed During

To. aan - 1616 2% : CA + Do002-6

Managing Editor (Name and Complete Mailing Address)

cok ~-e 1

7. Owner (If owned by a corporation, its name and address must be stated and also immediately thereunder the names and addresses of stockholders owning or holding

1 percent or more of total amount of stock. If not owned by a corporation, the names and addresses of the individual owners must be given. If owned by a partnership

or other unincorporated firm, its name and address, as well as that of each individual must be given. If the publication is published by a nonprofit organization, its

name and address must be stated.) (em must be

Full Name Address

Known Bondholders, Mortgagees, and Other Security Holders Owning or Holding 1 Percent or More of Total Amount of Bonds, Mortgages or Other

Securities (If there are none, so state)

Full

(If changed, publisher must submit explanation of

(2)

Has Changed During

change with this statement.)

Preceding 12 Months

target of federal legislation. 70. se pitas ern ae AR Nee E Montne | Kubtahed Nearest to Fling DFW

These bills are a fundamental threat to freedom Of - . Taino. copies (ver Press Run) ZZ, 420 21,528

speech. This threat will not end with these forms of = shales anicuatpemars ie canietss street vendors and counter sales Su ee

expression and can easily spread and quickly to movies, goer a sea conoe 19,927

books and art. C. Total Paid and/or Requested Circulation

: : 2 ; (Sum of 10B) and 10B2) 20, 762 1%, 9277

The issue is a core First Amendment one: IDEAS 0 free oiguiunon by Met. Conte or Other Meene 471s anes

cannot be squelched simply because those in power fae le ada aise $0,827

believe them to be dangerous. It is critically important -~F- copies not distributes

e be 1, Office use, left over, unaccounted, spoiled after printing 1,253 "4251

to tell members of Congress that there is a constituency 5 eens Er wesc or

that cares about freedom of speech and does not want . sas

, G. TOTAL (Sum of E, Fl and 2-should equal net press run shown in A) 22,490 2, soa

the government telling them what they can and cannot 7

see or hear. =

" | certify that the statements made by

me above are correct and complete

Signi

PS Form 3626, January 1991

ACLU of Southern California

DA? x Publisher, Business Manager, or Owner

- Thee ir on. )

Winter 1994

NG ee eet lw av

Be NS ECO mS

Rees tes ae A at

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ALLAN PARACHINI

The Second

Amendment

continued from page 1

When the Constitution and Bill of Rights

were drafted, individual ownership of guns

was necessary to the militia's smooth func-

tioning-there was no other way to muster

the militia with sufficient speed. The state

militia's of the 1800s, however, eventually

became today's National Guard. And weap- ~

ons of the National Guard are stored and

distributed by the state and can be distrib-

uted quickly in emergencies.

Because individual gun ownership no

longer has any relevance to maintaining an

effective state militia, private citizens re-

tain no Second Amendment right to bear

arms. There is no constitutional barrier to

wide-ranging, effective gun control.

That does not mean, however, that the

Second Amendmentis a dead letter. Should

MUDD Ce GUE RNC CA Kole

Canada: 76

Japan: 82

Great Britain: 33

United States: 40,000

one or more states decide to reconstitute a

volunteer militia, the Second Amendment

guarantees that the state will be able to

distribute arms to their citizen-soldiers in

times of need, without federal interference.

This is the right to resist federal govern-

ment tyranny that the Founders were eager

toenshrine in the Bill of Rights. What they

did not intend to enshrine is the right for

any person to obtain any sort of firearm

with little obstacle.

In this country, 40,000 people were killed

by guns last year. Each day, 111 more

people die by gunfire. The NRA and other

gun advocates claim that gun control can't

work. Yet, in the same murderous year that

the U.S. has just passed through, far fewer

gun deaths occurred abroad: 76 people

Were shot to death in Canada, 82 in Japan,

and only 33 in Great Britain. In fact, there

were fewer gun-related deaths in all three

of those countries combined than in an

average mid-sized American city.

And the violence doesn't end there.

Gunfire caused serious injuries to over

100,000 Americans last year, and guns

Were used to commit over 600,000 non-

lethal rapes, robberies, kidnappings, bur-

: : f continued from page 1

ing restrictions on police surveillance in the country.

Among many other cases, Hoffman was also volunteer counsel

onWilkinson v. FBI,amajor challenge to the Hoover COINTELPRO

program. In addition, he was co-counsel in a successful challenge

to Pasadena's at-large election system on behalf of minority voters.

As legal director, Hoffman litigated two

of the first major AIDS discrimination law-

suits in the nation. In 1986, he won the right

of 5-year-old Ryan Thomas to remain in his

Atascadero kindergarten classroom after he

was expelled because he was HIV-positive.

In 1987 he won the right for teacher Vincent

Chalk, who had AIDS, to return to his Or-

ange County classroom.

Hoffman continued to monitor police prac-

tices-winning a $2 million victory inAntelli

v. City of Hawthorne, after a 15 week jury

trial, in response to a massive police raid. He

testified before Congress in March, 1992,

two weeks after the Rodney King beating,

about police abuses in Los Angeles and the

need for federal action. He fought vigor-

ously against the death penalty in several

cases, and still found time to pursue interna-

tional civil liberties violations. Hoffman has

been the national coordinator of the ACLU's

International Human Rights Task Force. He

will continue in that capacity.

In 1992, Hoffman and others won a major jury verdict on

behalf of individuals subjected to torture, summary execution,

disappearance and arbitrary detention by the former Philippine

dictator Ferdinand Marcos.

judgment on behalf of three Ethiopian women who had been

tortured during Ethiopia's "red terror." These decisions open

the door for other victims of human rights abuses to find

In 1993 he won a $1.5 million

justice in U.S. courts.

In April, 1992, Hoffman argued United

States v. Alvarez-Machain before the U.S.

Supreme Court-a case in which the U.S.

government kidnapped a Mexican doctor in

order to try him in the United States. Ina

decision that has been condemned by the

international community, the Supreme Court

ruled that kidnapping foreign citizens was

not illegal. However, months later the case

was dismissed by federal judge Edward

Rafeedie; the judge called the government's

case "wild speculation."

Hoffman will continue to act as a volun-

teer lawyer for the ACLU on many cases,

including the ongoing fight toreunite Tammy

Brown with her two children. The suit is on

behalf of adivorced California woman whose -

children were taken from her by a Missis-

sippi judge after her former in-laws became

aware that she was dating an African-Ameri-

can man, to whom she is now married."

AIDS Discrimination Suit

BY MAry TOKITA

For the medical community,

ignorance is hardly bliss. In

fact, it can be downright illegal and very

expensive. _

On Nov. 30, the ACLU reached an out-

of-court settlement with a Ventura emer-

gency clinic and a physician who refused

treatment to an HIV-positive man. The

agreement included an $85,000 payment to

the man, Salvador Fuentes, and stipulated |

that the involved physician, Dr.

Thelma Reich, receive training on

HIV/AIDS issues. The agreement

came just as the trial was scheduled

to begin.

"This case sends a clear message

to all doctors, health care providers

and other related businesses," said

ACLU attorney Jon Davidson. "Dis-

crimination against people with HIV

can get you in big trouble." Joining

the ACLU in the case was the Western Law

Center for Disability Rights.

On Feb. 14, 1992, Fuentes badly cut his

left hand while washing dishes at home.

After controlling the bleeding by wrapping

a towel around his hand, he called the

Ventura Urgent Care Center to obtain di-

rections and then called back to inform the

center that he was HIV-positive. He was

assured by a medical assistant that he would

be treated without any problem.

After being dropped off at the center by

a friend, Fuentes was told that. the clinic

would not treat him because of his HIV

status. When he insisted on speaking to a

doctor, Dr. Reich confirmed that she was

refusing him treatment because of his medi-

cal condition and-without any examina-

tion-that he would have to go elsewhere.

The doctor then gave Fuentes a prescrip-

glaries and carjackings. All of these fig-

ures are dramatically lower in every other

industrial nation.

Part of the difference, of course, is that

other countries have had the sense to limit

easy access to guns. Their constitutions do

not prevent rational, effective gun control.

And, thankfully, neither does ours. =

Chris Sprigman is an attorney working

in the Los Angeles area.

tion form on which she had written: "This

is to inform you that I do not treat patient

with HIV positive [sic] in our clinic. Ad-

vised to go to County ER for treatment."

He was forced to leave the center on foot

and took acab to another facility, where his

wound was finally treated with multiple

sutures.

"This case sends a clear

message to doctors:

Discrimination against people

with HIV can get you in big trouble."

ACLU Senior Staff

Attorney Jon Davidson

The ACLU and the Western Law Center

for Disability Rights sued for reimburse-

ment of medical expenses and for emo-

tional distress and punitive damages, say-

ing that Fuentes had been refused treat-

Debate

Brews Over

negotiations have continued.

hoods, churches and schools.

to rebuild after this disaster," Toma said.

Day Laborers

Burke outlawing streetcorner employment solicitation by day laborers.

With more than a half dozen civil rights and immigrants rights groups, the ACLU has

been working with Burke since she first proposed the ordinance in October. Burke has

removed the proposed ordinance from the Board of Supervisors agenda four times as the

In late January, the ordinance was delayed an additional six weeks to faciliate

mediation efforts in the Ladera Heights neighborhood-Burke's district-where resi-

dents have pressured Burke to push through the ordinance.

The ordinance would ban soliciting work from sidewalks and parking lots under most

circumstances. It would prohibit such activities within 500 feet of residential neighbor-

ACLU staff attorney Robin Toma noted that no concrete evidence has been produced

that day laborers in Burke's district disrupt traffic or endanger residents. "Now, just after

a major earthquake, it is even more ludicrous stop people from seeking work and helping

Ata January news conference at the Hall of Administration just before Burke delayed

the ordinance again, Ramona Ripston, ACLU/SC executive director, said, "Day

laborers engage in speech that involves a fundamental right-the right to look for work.

"We should be supporting the efforts of hard-working, honest people to find

employment-not turning them into criminals." =

Ot $35K Settlement

ment in direct violation of several anti-

discrimination laws, including the Ameri-

cans with Disabilities Act of 1990 and the

Rehabilitation Act of 1973.

Since the settlement, the 32-year-old

Fuentes has continued his volunteer work

at the Gay-Lesbian Community Center of

Ventura (a group he co-founded) and was

just certified as an AIDS-HIV

educator by the Red Cross. He

admits that the experience has

made him more of an activist. "TI

was shocked by Dr. Reich, and I

wanted answers," he said.

"Along the way, I realized that

others could benefit from my

fight, that it should be more than

a learning experience for one

doctor. The information wasn't

out there when I was infected-I didn't

have a choice. But we now have informa-

tion and the choices that come with it.

Everyone should know about HIV. And

that discrimination cannot be tolerated." =

BY ALLAN PARACHINI

The ACLU of Southern California is

searching for policy alternatives to a

proposed ordinance by Los Angeles

County Supervisor Yvonne Brathwaite

Vol. 68 No. 8 ee OPENFORUM 7

Committee Meetings

The following is a list of committee meetings. Unless otherwise noted, all meetings

are held at the ACLU, 1616 Beverly Blvd., Los Angeles. .

New Union Board Member Orientations Meeting

Wednesday, Feb. 9. 7 p.m., Downstairs Library (all invited).

Executive Committee

Monday, March 7. 5:30 p.m.

ACLU/SC Board

Monday, March 7. 7 p.m.

Feminist Forum

Monday, February 28: Latinas, African and Native American,

Middle Eastern and Asian Women speak.

Monday, March 28: International Women's Month

What's Happening Globally and Locally.

Monday, April 25: Taking on the institutions: Media,

Religious,Educational: Are They Killing Or Helping Women?

Worker's Rights

First Wednesday of each month.

Lesbian/Gay Rights Board

Second Monday of each month.

Chapter Council

Third Wednesday of alternate months.

Medical Rights

Fourth Monday of February

Third Monday of each other month.

First Amendment

Last Wednesday of each month.

Children's Rights

Fourth Tuesday of each month.

Legislative Action

Tuesday February 15th, Tuesday March 15th.

Third Tuesday of each month.

Ad Hoc Drug Policy

Second and Fourth Wednesday of each month.

Please park in the fenced lot behind the building and use the rear entrance when

attending night meetings. For further information about other committee meetings which

are not listed, call the ACLU at (213) 977-9500.

Readers' Forum

Immigration

Well, you lost ME on this one! Your sympathy and backing of illegal

aliens is way out of order.

You have forgotten that the ACLU has been granted tax-free status by the

United States of America. To use the profits from this U.S. tax gift for the

benefit of citizens from other countries, is financially and morally abhorrent.

You are denying the civil rights of U.S. citizens by championing the rights

of illegals to overburden and crowd out the legal U.S. residents from our tax-

supported government facilities.

As a patriotic U.S. citizen, I can no longer support you-unless you take a

stand against this ruinous illegal immigration problem.

George Wood

Malibu

Fire and Police Tax

The "Reader's Forum' is a welcome addition to the Open Forum.

Giving people a chance to express the sentiments about particular issues can

well clarify the ACLU positions. It also demonstrates that our organization is

open and not monlithic. Although it is much too late to differ, I, for instance,

was very disturbed that the ACLU endorsed proposition 172 in the Nov. 2

election. I agree that fire and police protection as well as county health facilities

are necessary. However, a regressive tax made permanent after assurances that

it would not be is unacceptable. Those that can afford to pay for those things

must be taxed.

It's time middle and lower income people not be the patsy for the wealthy.

We need an oil depletion tax; we need a split roll property tax having industry

pay more while preserving the protection of the single family homes. Excess

wealth and higher income taxes for the very rich are also needed. Our fears and

compassion must not be used to soak people who can least afford it.

Hal Klapman

Reseda

Letters should be addressed to

Open Forum, ACLU, 1616 Beverly Bivd.,

Los Angeles, California 90026.

Letters may be edited for length and clarity.

ACLU of Southern California

Chapter Meetings

Whittier/San Gabriel Valley

First Wednesday of each month.

Board meetings. All members welcome to join in discussion.

For information, call: Paul Camhi (213) 696-3751

Lesbian and Gay Rights

Thursday, February 17, 7 p.m. "It's About Time!" Domestic Partnership Rights

For Gays and Lesbians. The ACLU, 1616 Beverly Boulevard (at Beverly and Union

Place), Los Angeles. Featuring Councilwoman Jackie Goldberg, First Openly Gay

City Council Member and Sponsor of the City's Pending Domestic Partnership

Legislation. For information call : (213) 977-9500.ext.237

South Bay

First Monday of each month. Chapter meeting.

For information, call: Robert Ciriello (310) 833-8628

San Luis Obispo

For further information, call: (805) 544-0142

Singles

Sunday February 13, 7 p.m. "Immigration Law Changes-Needed Reform or

Immigrant Bashing?" Suggested donations 6$ ACLU members,/$8 non-members/

$1 students with ID. Meeting to be held at Burton Chace Park, 13650 Mindanao

Way, Marina Del Ray. For information, call at (310) 392-7149 or (818) 993-5727.

Meetings are wheelchair accessible.

Beverly Hills/Westwood

Thursday, February 24, 7 to 9 p.m. "Immigration Today." Speakers: Dr. Gloria

Romero, Visiting Professor of Chicano Studies at LMU; Angelo Ancheta, Executive

Director of the Coalition for Human Immigrant Rights of LA (CHIRLA); Danielle

Elliott, LA Area Coordinator, FAIR (Federation for American Immigration Re-

form); and Steven Gourley, Culver City councilmember. Moderator: Cathy Barchi,

president of the Westchester/Playa del Rey Democratic Club. Light refreshments.

No charge for admission.

Thursday, March 24, 6 p.m. Steering Committee meeting and no-host dinner.

Visitors welcome.

All meetings will be held at the Westside Pavilion, third floor Community Room,

10800 West Los Angeles. For further information, call (310) 670-7999.

Long Beach

Third Monday of each month, 7:00pm.

For information, call: Naida Tushnet (213) 494-5358.

Orange County

First Sunday of each month. 1670 Santa Ana Ave, Room F, Costa Mesa.

Pasadena-Foothill

Every fourth Thursday, 7:30 pm at the Neighborhood Church, 301 N. Orange

Grove, Pasadena. For information, call: (818) 794-1234.

Pomona Valley Chapter

Chapter meeting will now be held at The Haven coffee house, southeast corner of

Main and 2nd Street, Pomona.

For meeting dates please call (909) 621-4657.

Inland Empire Chapter

For information, call: (909) 351-1268

Santa Barbara

Fourth Tuesday of each month, Blake Lounge, Unitarian Society, 1525 Santa

Barbara St. For information, call: Robert Sanger (805) 569-1452

San Fernando Valley Chapter

Your San Fernando Valley ACLU Chapter is among the largest and most active in

the area with participation in not only local projects but with wide support of the

affiliate Committee representation. This provides the opportunity to become

personally involved in real efforts to support Civil Liberties.

Open meetings are held every month and ACLU membership can be arranged on the

spot so bring friends. For information, call: Norm Beal (818) 344-9241.

[March 1

1994

rena

6655 Santa Monica Blvd.

the ACLU Of Southern California's

second annual GF'ammy party

celebrating the freedon of EXPFESSiON

Entertainment begins`at 8 p.m Food from LAs finest

Individual tickets $25 Individual Patron tickets $100*

*includes name listing in program and meal tickets

Contact Meegan Lee Ochs 213. 977. 9500 x214

Winter 1994 |