vol. 39, no. 2

aclu

_ Negotiations solve some methadone problems

Volume XXXIX

Despite the fact that state and federal statutes require

it, at least two agencies have regulations which do not

recognize the confidentiality of patient records. As a

result, a series of negotiations, letter exchanges and

meetings took place during the past few weeks in an

attempt to resolve the problems surrounding the

threatened closure of San Francisco's five methadone

clinics.

The problem began when city health officials informed

the Federal Food and Drug Administration and the State

Department of Health that they would not reveal the

names of methadone clinic patients to state and federal

investigators. Approval of both agencies is required for

the operation of a methadone program by the city and

much of the funding for the program comes from the

state.

Victimless Crimes Project Director Deborah Hinkel

and Staff Counsel Joseph Remcho filed suit in

San Francisco Superior Court last month on behalf of

Dr. David Levine, San Francisco's Methadone Program

Director, and the nearly 1000 patients enrolled in the

city's methadone treatment program. The suit sought a

declaration from the court that state and federal statutes

require the protection of the patient's privacy.

Late last November, inspectors from the FDA were

told by S.F. Health Director Dr. Francis Curry that he

would not allow them to view the patients' medical

records as long as the patient names were on them. At

about the same time, he told the State Health Department

that he would be bound to respect the confidentiality of

the doctor patient privilege by protecting the identity of

the patients.

More than a month later, on January 3rd, Dr. Levine

was informed by FDA officials that they were recom-

Defense Dept.

orders

Op

|

February 1974, San Francisco

mending discontinuance of the program. This action

prompted the filing of the lawsuit. Also, an informal

hearing was set up between Buddy Stonecipher, the

Director of the Federal Methadone Monitoring Office,

Dr. Levine and Hinkel. The meeting took place in

Washington on January 14th.

Stonecipher found unworkable a plan proposed by Dr.

Levine that would have called for third party arbitration

whenever city officials and federal inspectors disagreed on

the necessity of revealing the identities of patients but he,

Levine and Hinkel did arrive at another plan which all

parties found acceptable.

Under this plan, names will be removed from the

patient records and a code system will be established. The

identity of the patients and their signed ``Consent to

Treatment'' forms will be kept in a separate file. FDA

inspectors would then have full access to the medical files

to assure that the methadone program is being ad-

ministered properly but they would not learn the names of

the patients.

" Levine told Stonecipher that he will evaluate the merits

of each request for identification and both Hinkel and

Levine were assured that patient names would only be

requested in extraordinary instances, where an imminent

hazard to a patient's health required disclosure. In that

situation, Levine agreed that the name or names would

Certainly be released in the interest of the patient.

The next task was to achieve a similar agreement with

state health officials. Assemblymen Alan Sieroty and

John Vasconcellos arranged two meetings between

William Mayer, the State Director of Health and Dr.

Levine. Remcho participated in the first of these and

Hinkel the second. Mayer has been conciliatory at these

sessions but in written statements he has insisted that the

news

No. 2

State Department of Health retain the right to inspect the

medical files as well as the patient identifications. He has

promised however to confer with San Francisco's Health

Director, Dr. Francis Curry, before threatening to

discontinue the methadone program due to any non-

disclosure of a patient's record.

Unless a satisfactory settlement can be reached with

Mayer, the entire matter will have to be settled by

litigation. Hinkel stated that the only way to get a

difinitive guarantee for the patient's privacy may be

through the courts. She contends that since both federal

and state statutes require the confidentiality of the

records, state and federal officials must seek a warrant

from a judge to authorize any search and seizure of

confidential information just like any other governmental

agency.

Another avenue of relief may come through the

legislature. State Senator Milton Marks introduced

Senate Bill 1552 last month which would amend the

Welfare and Institutions Code. The proposed law would

" prohibit disclosure to the State Department of Health and

the identity of any patient enrolled in any methadone

program. The bill has been referred to the Senate Health

and Welfare Committee for hearings.

While these various tactics go forward, the methadone

program has been allowed to remain in operation in San

Francisco. Programs in other counties however may be in

even greater jeopardy. Should any of these be forced to

close, former heroin users would be forced back to their

habits which often must be supported by criminal activity.

Probably the most preferable situation would be

legislation or a court determination that methadone

patient records are and must remain confidential.

new hearings on

Renewal drive continues

security clearance

There was a new development this

month in the case of Allan Rock, the

electronics engineer whose defense

security clearance is threatened because he

is a homosexual. The Defense Department

Industrial Security Clearance Review

Board -decided to overturn the recom-

mendation to revoke Rock's clearance

because the hearings, which were held last

year, had been closed to the press and

public. The Department also amended its

regulations to provide the right to public

hearings for all security clearance cases.

Now the Department wants Rock to go

through a whole new set of hearings.

Despite repeated protests by ACLU Staff

Counsel Joseph Remcho, the original

hearings excluded members of the press

and public. Remcho had argued that the

public, the press and Rock had a right to

open hearings since no classified in-

formation was discussed.

Nevertheless, the Defense Department

consistently denied Remcho's requests

when they were first made. Now, just

after Remcho has filed suit in state court

challenging the basis of the Defense

Department's original decision, they

acceded to his claims and ordered the

whole thing to start from scratch again.

In a letter to the Security Clearance

Review Board, Remcho said he was

"`gratified that the department has

responded favorably to the important issue

of public access.' He added, however,

that to replay the heraing now would ``not

serve the cause of justice since it would

cause further delay and expense to all

parties.""

The Department of Defense's decision

to amend its regulations to open hearings

to the public "`showed a new respon-

siveness to civil liberties and common

sense,'" he said. ``I can only hope that the

department applies good sense in deter-

mining the ultimate issue of whether a

man's private sex life has any bearing on

his ability to safeguard information.''

At the conclusion of the original

proceedings, the Defense Department

hearing examiner said that Rock's``Top

Secret'' security clearance should be

revoked because he: is an admitted

homosexual and therefore in violation of

California criminal statutes which sup-

posedly outlaw oral and anal sexual

contact. The examiner decided that since

Rock is a ``lawbreaker,'' he is un-

trustworthy and not deserving of a

security clearance.

A lawsuit was filed in San Francisco

Superior Court in December which

challenged the constitutionality of the

statutes relied upon to deny Rock his

clearance. The State Attorney General

filed a demurrer last month, arguing that

Your response last month to ACLU's

1974 annual dues renewal drive is again

setting records. Thousands of you sent in

your renewals within the first week after

they were mailed and thousands more

have poured in since and many of you are

giving more than last year. All of this

indicates another active and fruitful year

for civil liberties work in Northern

California.

When you respond as manyof you have,

we are able to concentrate all of-your

money on much needed civil liberties

work. However, when you do not send us

your renewal as soon as you can, a great

deal of money and staff time is expended

on reminding you and trying to keep you

in the ACLU family.

It is not just important that we have

your money to keep us working but it is

vital that you remain one of those

dedicated few who is committed to keeping

civil liberties alive and growing in these

chaotic times.

Please free your money to do what you

want it to do by sending your renewal.

NOW...TODAY if at all possible. The

second renewal reminders will be mailed

in~early March so if you send. us your

renewal immediately, we may be able

to avoid the expense of mailing to you.

The U.S. Post Office, the printers, the

Pacific Telephone Company and the

mailing house will not be grateful to you,

but your money will work directly for civil

liberties - and that's a good thing.

PLEASE RENEW TODAY!

the statutes are constitutional and that

Rock's case should be dismissed since he is .

not being prosecuted by the state for

violation of the statutes. Remcho opposed

the state's demurrer at a hearing' in

Superior Court last week.

Remcho argued that the court should

proceed to decide the merits of the case

since a controversy and cause of action

exists. He pointed out tht the Attorney

General's own pleadings highlight the

controversy simply by claiming that the

Statutes are constitutional. ``We have a

clear difference of opinion on that point,"'

Remcho commented.

Also, Remcho urged the court to hear

the case because Rock has a very vital

interest in a declaration - the courts as to

whether the statutes are or are not con-

stitutional. "`Unless the validty of these

statutes are reviewed by the judiciary, Mr.

Rock stands to lose his livelihood and

therefore be severely harmed, on the basis

of possibly unconstitutional laws,''

Remcho stated.

Superior Court Judge Ira Brown will

decide on the state's demurrer in the near

future. If he does not grant it, the case will

be set for trial. a

. Continued on page 2

Feb. 1974

aclu NEWS

Mitford wins San Jose

fingerprint challenge

Author and sometimes university

instructor, Jessica Mitford won her

challenge to fingerprinting requirements

at San Jose State University last month

when Santa Clara County Superior Court

Judge William Ingram decided that

theuniversity's attempts to fingerprint her

as a condition of her employment were

invalid. The judge had been holding the

sealed fingerprints until a court deter-

mination was made on the legality of the

requirement.

Ms. Mitford was appointed to the

school's faculty to teach a seminar and a

course for the Sociology Department

during the last academic quarter. After

she arrived, she was informed by school

authorities that she must sign a loyalty

oath and submit to fingerprinting. She

promptly refused to do either.

The oath problem was resolved when

_ she signed the oath but noted that she did

not do so freely before signing. She was

adamant in her opposition to the

fingerprinting however. Her students and

of the school's faculty members

supported her and it was also learned that

the fingerprint requirement had been

administered very irregularly.

Backed by State University Chancellor

Glenn Dumke and several trustees, the

San Jose administration threatened to

revoke Ms. Mitford's appointment and

deny course credit to her students unless

she submitted to the fingerprinting.

A compromise was achieved in which

she was fingerprinted but the fingerprints

went to the judge rather than the school

pending the outcome of the suit. In

return, the administration restored credit

to her classes. The ACLU participated as

amicus curiae in the case through General

Counsel Paul Halvonik. Ms. Mitford was

represented by her husband, Robert

Treuhaft.

Halvonik and Treuhaft argued that the

fingerprinting requirement was de-

meaning and an invasion of privacy. In

addition , they charged that the state had

no ``compelling interest'' in obtaining the

fingerprints of university instructors.

Judge Irwin however did not accept the

arguments based on constitutional

grounds, saying that the requirement is

valid if properly adopted by statute, rule or

regulation. He added, however, that in

this particular case it is not at all clear that

adoption of the requirement was done

properly. In fact, he said the manner in

which it was adopted is unknown. and

therefore he cannot rule on whether or not -

it is valid.

. Therefore, the judge concluded that it is

impossible to state whether the

requirement is a condition of accepting the

appointment or a condition once one is

employed. Whichever the case, he noted

that the situation was not clear to the

court nor to Ms. Mitford and that her

appointment cannot be invalidated

because of this ambiguity.

As a result, Ms. Mitford has now

completed the term of her apppointment,

her students received credit for taking her

classes, and San Jose State never was able

to include her fingerprints in her file.

San Quentin Six indictments

dismissed-unfair grand jury

The ``San Quentin Six'' trial took an

interesting turn last month when Judge

Vernon Stoll dismissed the Marin County

Grand Jury indictments against the Six.

He ruled that the grand jury "`must

represent a fair cross-section of the

community'' and that ``the means used

by the Gury) selectors did not assure a fair

representation of the group to which the .

Defendents belong, to wit: the Blacks, the

Latin Americans, the blue collar working

class and the young, in the pool from

which the Grand Jury was selected.''

The indictment, handed down in

October 1971 charged the six prisoners

with murder in connection with the

August 21, 1971 events at San Quentin

prison that left three prisoners, including

George Jackson, and three guards dead.

The Six are Hugo A. Pinell, John L.

Spain, Louis N. Talamantez, Fleeta

Drumgo, David Johnson and Willie Tate.

Critics of the present grand jury system

have long maintained that it is inherently

unfair because grand jurors personally

chosen by Superior Court judges are

almost invariable white and upper-middle

class while the accused are most often in

the lower income brackets and a majority

are young men and women of color, thus

giving maximum play to racism and class

prejudice.

The decision, described by the San

Quentin Six Defense Committee as ``a

great victory in the struggle against racism

and a partial vicotry for the San Quentin

Six in their long struggle for freedom'' is

being appealed by Marin County District

Attorney Bruce Bales. Charles Garry, one

of the defense attorneys in the case, has

several similar cases challenging com-

position of grand juries pending before the

State Court of Appeals. Bales has

acknowledged that Judge Stoll's decision

"`could effect all grand jury indictments

from now on'' in California.

The ruling came after Judge Stoll heard

testimony from the six prisoners and five

present and former Marin County

Superior Court judges.

When the indictment was originally

handed down, three of the jurors walked

Rights handbooks published

Two new editions have been added to

the series published by ACLU/Avon

Books on the rights of various groups. The

Rights of Students by Alan Levine con-

tinas 160 pages of questions and answers

concerning students' rights. It sells for

95c.

The Rights of Women by Susan Ross

sells for $1.25 and has 384 page of up-to-

date information on the legal rights of

women.

Both of the above paperbacks, as well as

the previously published handbooks on

teachers, servicemen, prisoners and

mental patients, can be ordered from

either the National office or the Northern

California office. The address for National

ACLU is 22 East 40th Street, New York,

N.Y. 10016. ACLU of Northern

California is at 593 Market Street, Suite

227, San Francisco Ca. 94105.

LEGAL

"inciting to riot''

Free speech and Nazis

A particularly distasteful controversy

has emerged in San Francisco and it seems

that many of those involved have rejected

all notion of civil liberties in the heat of the

moment.

The problem began when several

members of the White People's Socialist

Party (Nazi's) attended a couple of Board

of Education meetings when the City's

school. integration plan was being

deliberated. The Party members were in

full uniform including boots, belts, khaki

and swastika armbands.

During one of the meetings, many

people in the audience began demanding

removal of the Nazi's. One of them,

teacher Yvonne Golden, was particularly

adamant in her belief that the Nazi's

should be thrown out of the meeting and

not allowed to speak. Fights broke out as

people tried to eject the Nazi's and the

Police Tactical Squad was called upon to

. Clear the meeting room. Some 20 persons

were arrested, none of them Nazi's and

Golden was charged with ``inciting to

riot."'

The following week, a well-attended

rally was held at Glide Memorial Church

in San Francisco in support of Golden and

many prominent community and political .

- leaders attended. The comments of some

of these were at least disturbing. Delancey

Street Foundation founder John Maher

suggested that the Nazi's should be

dragged out and beat up if they again

appeared at a Board of Education meeting.

Assemblyman Willie Brown stated that he

could not believe that "`any group would

advocate that Nazi's have free speech

rights.'' Several other speakers argued

that the wearing of a swastika was an act of

in itself.

Only one speaker, Dr. Earl Raab, a

leader in the S.F. Jewish Community,

urged that the Nazi's had a right to attend

public meetings and be heard before public

bodies, but he was booed off the stage.

In a statement issued by ACLU-NC,

Legal Director Charles Marson said that.

the organization's position is that anybody

has a "`right to be wrong'' in public. The'

ACLU upholds the right of Nazi's to

attend and speak at any public meeting

while the prosecution of Ms. Golden

violates her equally important First

Amendment rights.

The content of the Nazi literature and

philosophy is completely reprehensible

and lacking in all the democratic, liber-

tarian principles for which the ACLU

stands. The content of Golden's remarks

were equally wrong when she stated that

Nazi party members should have no

speech or assembly rights. Marson stated

that ``though we disagree with the ideas of

both sides, our sole concern is that no.

government body deny or punish the

exercise of fundamental rights.''

`*Accordingly, we will support the -

Nazi's rights to attend Board of Education

meetings and we will support with equal

vigor Ms. Golden's right to urge their

exclusion, if requested by her attorney,''

he added.

Those who believe that Nazi party

members should have no rights should

remember that the same has been said in

the past of other minority groups, and if

an exception is made for Nazi's there will

surely be others. By engaging in violent

action against them, they receive more

attention than they warrant and they

generate the hatred that is their goal. As

longas they are ignored, they will remain a

minute distraction in our society.

The First Amendment is absolute and

any speech or symbolic expression is a

protected, inalienable right. We cannot

too strongly cherish this right, no matter

who the beneficiaries are, because the real

beneficiaries are we.

out of the secret sessions in protest; one

said the indictments were ``vindictive''

and later resigned from the grand jury.

The defense committee is calling for

letters and wires `to the State of California,

1st Appellate District San Francisco,

urging that Judge Stoll's decision be

upheld.

The committee also is asking that

letters be sent to the parole board in

Sacramento demanding that parole dates

for the several eligible defendants be

granted, as. well as demands to San

Quentin Warden Louis Nelson to im-

mediately remove the Six from the

maximum security adjustment center,

grant them thorough medical

examinations and a complete end to all

chaining, shackling and caging of the Six.

During pretrial motions, the defendants

were transported to court in cages within

buses and chained in the courtroom by a

system of shackles that covered their

whole bodies from the neck to the feet.

If and when the trial of the Six resumes

under new indictments, the Marin

County Chapter of ACLU will be

providing observers at the trial to help

assure that: the defendants are not treated

or portrayed improperly during the

proceedings. There is a very real

possibility that merely the appearance of

these men bound from head to toe in

chains and heavily guarded may prejudice

their case. The Chapter hopes to assist the

San Quentin. Six Defense Committee in

securing the due process and equal

protection rights of the Six.

E

N_

E

Ww

Rock case

Continued from page 1

Meanwhile, the Defense Department is

trying to decide whether to proceed with

new hearings or make a determination on

Rock's appeal on the basis of the record in

the initial proceedings. Either way, Rock

will maintain his clearance until there is a

final decision. If the department begins a

whole new series of hearings, it will be in

the rather ridiculous position of deciding

that a man who they think is a dangerous

security risk has been privy to defense

secrets for over two years while they

worked out their procedures.

IMPEACHMENT

Feb. 1974

aclu NEWS

Our job is to educate - `Impeach - it'll teach'

The next few months will be crucial to the history and

future of this country. The machinery of impeachment is

beginning to roll and in the next few weeks, evidence,

testimony, reports and results will begin flowing into the

House Judiciary Committee. The Congress that must face

the issue of impeachment has returned to Washington to

wait for the day on which it must decide to impeach or not

to impeach Richard Nixon.

Our task in the coming months will not be easy. Now

that the Judiciary Committee has begun the investigative

procedure, the importance of letter writing has

diminished somewhat. That does not mean our efforts in

this area should stop.but only that we have reached a

. point where other projects should be getting priority.

The results of the Roper Poll verify our initial strategy,

to wit: the one element vital to bringing about the im-

peachment of Richard Nixon is full public understanding

of exactly what impeachment means. We must repeatedly

stress that the House impeaches and the Senate tries; the

House accuses, the Senate decides.

The Poll clearly indicates that the majority of people

are still reluctant to call for impeachment. This reluc-

tance, however, is based on a lack of knowledge rather

Su

than a belief in Nixon's innocence. Seventy-nine percent

of the people polled believed that he was guilty of at least

one of the crimes set forth in the Bill of Particulars, but

: What Northern California

only 44 percent feel he should be impeached. Of those

same people, 37 percent thought that impeachment

means that he is automatically thrown out of office. Only

52 percent knew that it meant `"`indictment'' while

another 11 percent didn't know which it meant.

The high level of misinformation on the subject of

impeachment led Roper to conclude that of the 52 percent

who answered the question correctly, a large number

were probably guessing. Therefore, the Roper analysts

believe that probably less than 50 percent of the people

actually know the correct meaning of the word ``im-

peachment.''

Our immediate task then is to better educate the public

on the procedure. Once given the correct definition of

impeachment, the poll results were evenly divided. A

majority of those who are against impeachment said it was

because it would be too destructive to the country. Only

11 percent are against impeachment because they think

the charges are not true and 6 percent because they think

the charges are not serious enough.

One year ago today the first Watergate trial was under -

way. Today, at least four grand juries are investigating

Watergate and related matters; criminal trials are

pending in New York, Washington and Los Angeles;

further indictments are expected within the month; the

Senate Watergate Committee and the House Judiciary

Committee are proceeding; and, disclosures continue

through the media. Thus, impeachment and trial by the

Senate seem the only way to effect full disclosures and to

""get Watergate behind us.''

Once he was impeached, President Andrew Johnson's_

trial lasted Jess than two months. Impeachment and trial

seem the least destructive alternatives and may be not

merely our easy way out but our only way out.

Thus, the job of those seeking impeachment is clear.

Because many people, in effect, favor impeachment

without knowing it, our job is to educate. The basic point

to be brought home again and again is that impeachment

is not conviction, but rather, it is the finding that suf-

ficient evidence of wrongdoing exists to bring a public

official to trial.

We must spend as much time and utilize whatever

"human resources'? we have in the area of public

education. Our speakers bureau becomes one of the. main

tools we have at our disposal. A concerted effort should be

made in each community to seek out whatever platforms

are available and get our people out speaking. The

-distrubtion of literature is also vitally important.

Whether it's public meetings or neighborhood coffees,

- our chief goal must be public education so that we might

have a well-informed public when the impeachment

debate begins in the House of Representatives.

Petitions sent to Capitol

representatives are saying

about impeachment effort

DON CLAUSEN - SANTA ROSA

As you know, the Speaker of the House

has now directed the House Judiciary |

Committee to investigate the matter of

impeachment and inform the House of

their determination as to its constitutional

merit. This is the proper and established

procedure for the Legislative Branch to

take at this time. I am in full accord that

the Congress should now consider the

question of impeachment and move with

dispatch to determine whether or not

sufficient provable grounds exist to put the

question to a vote. ;

HAROLD JOHNSON -_.

ROSEVILLE

As you can see from the Eneled

report, a preliminary investigation, which

I supported, has been launched by the

House of Representatives' Committee on

the Judiciary. This investigation must be

_ thorough, but completed promptly so that

the facts may be placed before the public

and the Congress for a decision. This

decision must be made soon so that

stability and honesty may be ee to

our government.

JOHN MOSS - SACRAMENTO

In addition to the issue of the White

House tapes, I personally feel there are

more than sufficient grounds for im--

peachment and that proceedings now

underway should continue with all speed

consistent with responsible action and due

process.

ROBERT LEGGETT - VALLEJO

It is my finding that we already have

sufficient evidence for impeachment, even

if there were no further testimony or

investigation. Mr. Nixon himself has

already confessed to the willful com--

mission of at least two high crimes and one

high misdemeanor, as defined by the U.S.

Criminal Statutes, any of which require

his impeachment, conviction and removal

from office. It is not a matter .of whether

John Dean told the truth, or of what may

or may not be found on tapes which may

or may not have been altered. We have all

the facts. we need from the statement of

Mr. Nixon himself, undenied and still

operative.

PHILLIP BURTON -

FRANCISCO

I have sponsored a resolution calling for

SAN

_ the impeachment of President Nixon and I

have issued the following statement:

`*Nixon should resign...and if he fails to

do so, the best interests of the country

dictate that he should be impeached.''

RONALD DELLUMS - OAKLAND

-For these and many other reasons, I

support the impeachment of the

President, who should be given a chance

to clear himself of the many serious

charges brought against him. We cannot

_ get on with the real problems as long as we |

have a leader who evidently has so much

to hide he cannot avoid forcing crisis after

crisis on the nation.

PETER STARK - ALAMEDA

I applaud the ACLU's continuing ef-

forts to see justice meted out to the Chief

Executive. He deserves no less.

As you no doubt know, I introduced a

resolution of impeachment on November

14, 1973, in addition to signing

numerous other bills directing an im-

peachment investigation. As the new

session commences, be assured that I will

work towards expeditious hearings and a

swift vote on the matter.

DON EDWARDS - SAN JOSE

Last of all, I must caution you not to

expect immediate and _ sensational

revelations from the Judiciary Committee.

The Committee's job is similar to that of a

district attorney who conducts an in-

vestigation of suspected crimes and who

may or may not go to the local grand jury

to request an indictment. Much of our

work must be secret because we are not a

court of law where safeguards of due

process and rules of evidence protect the

innocent.

The second shipment of petitions were

sent to the House Judiciary Committee

last month asking Congress to impeach

Richard , Nixon. Since November 21,

when the ACLU-NC forwarded 1,984

petitions with 24,700 names to the

Judiciary Committee Chairman Peter

Rodino, Jr., 1,837 petitions with over

25,000 signatures have been turned in by

impeachment volunteers.

Impeachment coordinators Rita

Friedman and John Maybury sent the 25

pound carton of names to Washington,

urging Rodino and the other Represen-

tatives on the Judiciary Committee to

*`weigh the wishes of a significant number

of Northern Californians who are con-

cerned with justice.'" They stressed that

`"neither our efforts, nor the sentiment of

the people who support us, are vengeful,

but rather an earnest plea for fact-finding

and action.

"Our nation is sick with uncertainty

and turmoil, but it is within the Judiciary

Committee's power to start the machinery

of impeachment - the machinery of

justice.'

LEO RYAN - SAN MATEO

Therefore, I have finally and reluctantly

come to the conclusion that impeachment.

proceedings should be initiated against the

President of the United States. I un-

derstand the gravity of advocating such -

actions, but I believe that our system of

government cannot survive unless such

action is taken.

BURT TALCOTT - SALINAS

I am apalled that this tragic episode in

our history happened and I wish that it had

been exposed, and disposed of, last fall. I

am especially concerned !0x00B0 believe the

proper, legal and fair course would be to

await the findings of the ``special

prosecutor,'' the Grand Juries, the

courts, the several Senate Committees,

the possible House Committees, and

various other investigative agencies which

are now busily engaged in a com-

prehensive investigation.

`JEROME WALDIE - MARTINEZ

By his actions, the President is tearing

the Nation apart, and he must be removed

from office. It is now up to the Congress

and the people to uphold the principle that

ours is a Government of laws, not of men.

Feb. 1974

aclu NEWS

/

CHAPTERS

Mt. Diablo

The Chapter is sponsoring a Bill of

`Rights Fair to be held on February 23, at

College Park High School, 201 Viking

Drive in Pleasant Hill. The event will

begin at 9:30 a.m. and will conclude at

3:30 p.m. An outstanding list of speakers

and topics have been lined up and the Fair

_ should be a big success.

Among those who will be participating

is Congressman Jerome Waldie, who will

deliver the keynote address on im-

peachment. Other local leaders who will

speak on a variety of topics are State

Assemblyman Jack Knox, Pleasant Hill

Mayor Ben Hartinger, Concord Mayor

Dan Helix, County Sheriff Harry Ramsey,

Pleasant Hill Police Chief Ed Kreins and

Art Carter of the County Central Labor

Council.

In addition, former ACLU-NC Legal

Director and KQED-TV commentator, .

Marshall Krause, will participate as well

as several of the ACLU-NC staff.

NC staff.

Some of the program topics to be

discussed during the day besides im-

peachment will be youth rights, women's

rights, media's role in America, law

enforcement problems, the right t:

privacy, the constitution and American

workers, and alternatives to incarceration.

The Mt. Diablo Bill of Rights Fair

promises to be an exciting and informative

event for all those interested in the current

problems that are issues in the field of civil

liberties.

Admission is free and all are urged to

attend. Coffee will be available and people

should plan on bringing their own bag

lunches. So mark February 23 on your

calendar and don't miss it.

Berkeley-Albany

An expanded Speakers' Bureau has

been formed by the Chapter to meet the

requests of the many organizations and

community groups who would like a

discussion of impeachment at an early

meeting. A group of Board members took

responsibility for a Special Project to reach

some 30-40 such groups and let them.

know ACLU speakers would be available

on such a program.

Local interest in impeachment was

indicated the last Saturday in January

when Steve Cornet and Eileen Keach

_ obtained 325 signatures on impeachment

_ petitions at one location. They also found

- bumper stickers in great demand.

San Francisco

The Chapter Board of Directors has

decided that a major goal for the coming

year will be the furtherance of ACLU

policy in the handling of victimless crimes.

The Board also voted to take steps to see

that the Student Bill of Rights approved by

the San Francisco Unified School District

Board of Trustees be fully implemented

and made available to all students.

Chapter President Ruth Jacobs wrote

letters to San Francisco Mayor Joseph

Alioto, Police Chief Donald Scott and

Board of Supervisors President Diane

Feinstein last week urging them to order

the city's police to de-emphasize en-

forcement of laws against persons involved

in victimless crimes to concentrate on the

far more serious crime problems in the

city, specifically the recent wave of street

killings.

Jacobs said that ``current police em-

phasis on these victimless crimes stands in

stark contrast to the far more serious

matters of violent murder, rapes and

burglaries which threaten the safety of our

City... The people of San Francisco are not

receiving adequate protection as long as

police manpower and resources are

squandered on victimless crimes.''

The City and County officials were also

urged to conduct ``a complete restudy and

revaluation of the usefulness of such police

activity before victimless crime en-

forcement is reinstated,'' in the letter by

Jacobs.

New officers were elected by the

Chapter to serve for the coming year. Ruth

Jacobs is President and Representative to

the ACLU-NC Board of Directors. Vice-

Presidents are Arthur Brunwasser, Sally

Pall and Nancy McDermid. Warren

Saltzman will be the Secretary and Peggy

Sarasohn the Treasurer.

Sonoma

The Chapter's Criminal Justice

Committee is embarking on the second

phase of its exploration of the criminal

justice system in Sonoma County this

month.

The CJC is setting up a panel discussion

of juvenile justice problems for its meeting

Saturday, Feb. 16, at 9 a.m. at the Faculty

Lounge at Santa Rosa Jr. College. The

public is invited.

Included on the panel will be members

of SAY, (Social Advocates for Youth),

which has sought to establish a diver-

sionary program for young people in

trouble, and representatives of the County

Juvenile Justice Commission, probation

and juvenile hall.

Also scheduled to attend the meeting is

Peter Sheehan, director of the ACLU-NC

Prisoners' Rights Project. Information

will be sought from him on _ the

relationship of jail to prison problems in

the state and possible civil liberties im-

plications.

Prime area of concern for the CJC for

more than a year has been jail problems in

Sonoma County. This effort was triggered

by the Sonoma County jail riots of two

years go. Following that, the Chapter did a

a large amount of research and developed

several programs for improving the jail

situation.

The jail actually consists of two almost

separate situations, according to CJC

chairman Mel Hildreth. There is the

honor farm, usually housing about 50

inmates, and the jail proper, with about

150 inmates, including 10 to 15 women.

The farm is relatively ``free,''? and

there has been a substantial amount of

reform there.

These include educational programs,

work furlough programs, hiring of a

counselor (who works both facilities),

liaison with Halfway Houses, providing of

transportation funds for released

prisoners, etc.

Many of these ideas have been initiated

by Sheriff Don Striepeke and ACLU has

supported him in these areas.

A far more sensitive situation exists in

the jail proper, where physical facilities

make it difficult to initiate many programs

or "`bring in'' volunteeers or other

outside assistance. The sheriff also feels

there are far more intense security

problems here.

ACLU representatives, in several long -

meetings with the sheriff, have urged that

he look for waysto-extend programs to the

jail and in the process ease tensions that

are bound to develop for people who are

shut off for long periods of time from basic

contacts with the outside world.

In a recent meeting at the end of

January, ACLU representatives Hildreth,

Lee Torliatt and Fran Rosen asked

Striepeke to extend the education program

to the jail and find ways to bring in more

counselors. It was also recommended that

he allow ACLU to help develop a

volunteer program starting in the latter

stages of an inmate's stay and carrying

over to post-release time.

The ACLU is scheduled to continue

discussions with counselor Harris to

determine exact needs and explore sources

of financing. Funds are badly needed to get

an extended counseling program off the

ground, and people with funds or funding

ideas are urged to contact Hildreth, 545-

7638 or Torliatt, 545-7507.

In addition to numerous private con-

tacts and press releases, the Chapter has

spoken to or is planning to speak to

Citizens' groups regarding the jail and

related issues. County Vice-Chairman

Torliatt recently explained ACLU's

position to the Redwood Empire Kiwanis

and Board member Sam Raskin is

scheduled to speak before the West Santa

Rosa Rotary Club Monday, Mar. 4.

ACLU asked for a chance to answer an

earlier Rotary speaker who blamed crime

problems on soft judges. Citing county

statistics and much other information, the.

Chapter has taken the position that many

inmates move in and out of jail on a

regular basis. Most of those released are

no better prepared to `"`get along'' in

society than when they entered a jail or

prison. Speakers have also pointed out that

the Dutch, with a ``soft'' system of

justice stressing rehabilitation, have only

22 criminals per 100,000 population. The

US., with its relaively "`tough'' ap-

proach, has 309 per 100,000. Such

figures are hardly an argument for tougher

sentences.

Chairman Hildreth, in outlining future

plans for the Criminal Justuce Com-

mittee, has suggested a variety of areas for

study. These include juvenile rights,

problems of bail and being released on

one's own recognizance, volunteer ac-

tivities, establishing liaison with existing

"`establishment'' institutions, probation,

minority problems and alcohol and drugs.

Such programs will be undertaken as

time, money and energy allow. Volun-

teers are, of course, always welcome.

Contact Hildreth or Torliatt for more

information.

ACLU has been active on another front,

working on another ``telephone tree'' to

encourage impeachment letters on

`Write Your Representative Day.''

Margaret Clark, membership chair-

man, and member Eileen Traverso, have

been spearheading the effort.

Persons interested in working on

impeachment or getting ``Impeach

Nixon'' bumperstrips may call chairman

Bernie Sugarman, 528-6195.

Marin

Chapter Legal Coordinator Fred

Hurvich won the acquittal of three per-

sons arrested for nude sunbathing on a

strip of privately owned beach property

near Muir Beach in Marin County last

month. The three were arrested on a hot

July day last year.

Marin Municipal Court Tad David

Baty ruled that the county's anti-nudity

- ordinance could only apply to publicly

owned land. The acquittal means that all

nude sunbathers arrested on private

_ property last year have been freed without

penalty.

After announcing his decision, Baty

suggested that the sunbathers might be

arrested for disturbing the peace ``or, if

they are playing Frisbee, maybe they're

breaking the lewd and lascivious conduct

law."'

Hurvich said he was skeptical that

someone merely lying naked on a beach

can be considered to be disturbing the

peace. He urged the County Board of

Supervisors ``to set aside one beach in

Marin as a nude beach, then those who

want to use it can and those who would be (c)

offended can avoid it."'

Yolo

Congressman Robert Leggett met with

the Chapter Board of Directors last month

to discuss strategies and priorities for

promoting the impeachment of Richard

Nixon. Because Leggett has already

committed himself to this end, the

discussion concluded that the Chapter

should concentrate on increasing public

awareness of the nature of the im-

peachment process. The Board concurred

with Leggett's opinion that the public's

misunderstanding of impeachment could

well become the most severe threat to its

successful execution.

Oakland

The Chapter will vote on an interim

slate of officers at the next meeting

scheduled to beheld on Wednesday,

February 20th at 7:30 p.m. in the

Sumitomo Bank Building in downtown

Oakland?" +

Alameda County's jail issue will also be

discussed by a speaker at this meeting.

The interim officers will hold office

until the October meeting when a general

election is scheduled to be held with the.

chapter membership. They will actively

assume their_positions as of the February

20th meeting.

The interim slate was decided afc the

regretted resignation of the Chapter's

chairperson, Jody Gentes.

Five new members have also been

elected to the Board. They are Janice

Clark, Woody Clark, Patrick Fabian,

Ivern Willy and Todd Willy.

The Chapter is also seeking new

members to work with the several active

committees. People are needed to do work ~

in areas such as Affirmative Action,

CORPUS, the financial committee, the -

legal committee, publicity and public

forum and schools and civil liberties.

Any persons interested in working with

these committees or suggesting other

endeavors should come to the February

meeting.

Volunteers are desperately needed in

our Membership Department to help

process the renewals: which are coming in

each day. If you are able to help, please call

Terri Carter at 433-2750.

`aclu NEWS

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Published by the American Civil Liberties Union of Northern California

Second Class Mail privileges authorized at San Francisco, California

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