vol. 39, no. 6

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Volume XXXIX

"August 1974, San Francisco

Victimless `Crimes Proj ect

challenges state law

against prostitution

Calling the law against prostitution

``unconstitutional on its face and in its

application,'' the Victimless Crimes

Project filed a taxpayer suit challenging

the statute in San Francisco Superior

Court last month. The Project suc-

cessfully challenged prostitute quarantine

practices in S.F. last March resulting in a

halt to those unconstitutional procedures.

This suit challenges the validity of the

prostitution law itself - Penal, Code

Section 647(b).

The suit seeks. an injunction to halt

enforcement of the law by defendants

Donald Scott, Police Chief of San Fran-

~cisco; Vice-Squad. Captain Gerald

Shaugnessy; SF's District Attorney John

Ferdon; the City and County of San

Francisco: and State Attorney General

Evelle Younger.

Penal Code section 647 (b) provides

that every person is guilty of disorderly

~ conduct, a misdeameanor, ``Who solicits

or who engages in any act of prostitution.

As-used in this subdivision, `prostitution'

includes any lewd act between persons for

money of other consideration.'' The

terms ``solicit,'' and "lewd act'' are not

defined.

Amon 8 the claims made by the taxpayer

plaintiffs in the action are that 647(b)

should be declared unconstitutional on the

grounds that it abridges freedom of speech

and association; it invades the right to

privacy; it discriminates against women

and unmarried persons; it denies equal

protection of the laws; it is void for

vagueness ; and, its enforcement is a waste'

and illegal expenditure of taxpayer funds.

Plaintiffs in the case are: Diane Divoky,

editor of ``Learning Magazine''; Nancy

McDermid, an ACLU-NC Board member

and Professor of Speech at San Francissco

State University ; Sue Bierman, a leader in

community activities and a former Board

member of the San Francisco Chapter ;

and Melissa Gold.

As enforced by the San Francisco Police

647 (b) prohibits the personal and private

verbal communication involved in even

discussing a prostitution arrangement.

. Without the verbal communication, the

sexual conduct is completely legal. 1,649

persons were arrested for this crime of

speech last year in San Francisco.

Their speech was not obscene and it

presented no clear and present danger of

violence, nor did it breach the peace. In all

of the cases, the complaining witness was

a member of the San Francisco Police

Department. In virtually all of the cases,

the policeman was also a party to the

offense.

In San Francisco, 647(b) is primarily -

enforced by the seventeen plain-

clothesmen of the Prostitution Detail,

who are sent out each night to seek

General' Counsel Paul Halvonik, Victimless Cres Project Director

Deborah Hinkel and plaintiff Dianne Divoky explain the discriminatory

nature of prostitution enforcement at news conference.

prostitution solicitations. Approximately

90 percent of the arrests for prostitution

_are by the Prostitution Detail. Victimless

Crimes Project Director Deborah Hinkel

described their task thus: ``They im-

personate businessmen or other male

civilians; they cruise in cars, walk the

streets, frequent bars, purchase drinks for

women and act in a manner to indicate

their willingness, desire or interest in

sexual activity. They then engage women

in intimate conversation and arrest them

for offering or agreeing to engage in sexual

-intercourse for money. They do all this at

taxpayer expense.'

And, that expense to taxpayers is

enormous. In 1969, the Mayor's

Commission on Crime estimated that each

prostitution arrest costs the city $275 in

personnel time, booking procedures,

jailing and legal expenses. That figure has

certainly risen significantly over the past

five years. Also, the Commission's

figure does not include court time, use of

facilities and other related costs. When

over 1500 arrests are involved, this adds

up to a substantial sum. Salaries for the

seventeen policemen and one civilian clerk

of the prostitution detail absorbed more

than $250,000 of taxpayers' funds last

year.

The non-profit firm of Accountants for

the Public Interest has receritly "decided

to assist the Victimless Crimes Project by

auditing the costs of enforcement and

prosecution for violations of victimless

crime laws in San Francisco. They plan to

first study the costs related to prostitution

arrests.

Although the prostitution statute is .

supposed to be sex-neutral, ACLU

charges that in fact it only punishes males

and females who solicit a man, but never

anyone who solicits a female. There are no

female officers on the Prostitution Detail

who arrest males for violations of 647(b).

Continued on page 6

Federal judge orders security clearance reinstated

Both a state court and a federal court delivered good

news to homosexual engineer Allan Rock during the past

two months. ACLU is challenging the Defense Depart-

ment's revocation of Rock's security clearance in federal

district court while the Victimless Crimes Project is

challenging the constitionality of California Penal Codes

used as justification for the revocation in the first place in

San Francisco Superior Court.

Last May, Superior Court Judge Ira Brown overruled

the Attorney General's demurrer and motion for

dismissal. The state had argued that since it was not

prosecuting Rock for violation of the statutes, which -

purportedly outlaw sodomy and oral copulation, no

controversy existed and the court shoud not hear the case.

Victimless Crimes Project Director Deborah Hinkel

argued successfully that Rock was being harmed by the

mere existence of the statutes and that relief from his

predicament was only available through the courts.

Judge Brown agreed that significant issues were

presented by the case when he denied the government's

motions for dismissal. His action means that a full trial on

the issues will now take place in the Superior Court to

determine whether Penal Code Sections 286 and 288a are

constitutional as they purport to outlaw sexual acts of

consenting adults in private. Therefore, round one of the

state court action goes to Rock and against the govern-

ment.

Perhaps even more significantly, U.S. District Judge'

Oliver J. Carter issued a preliminary injuction last month

which ordered th Defense Department to reinstate Rock's

-TOP SECRET security clearance. Judge Carter stated

that Rock `"`will suffer irreparable harm if his security -

clearance is revoked.'' Rock was laid off from his position

at GTE June 21, since he cannot continue his work

without the security clearance.

The judge also held that there appeared to be no danger

of a breach of security. if Rock maintains his position.

Rock has held security clearances of SECRET or higher

for 17 years and admits that he has been involved in

homosexual relations during nine of those years. Until

discovering this however, the Defense Department

never considered him a security risk.

Pointing out that several recent federal cases have held

that homosexuality per se is not good cause for security

clearance revocation, Judge Carter advised that `"`it also

appears to the Court that Mr. Rock has a substantial

chance of succeeding on the merits of the case.''

In essence, Judge Carter's issuance of the preliminary

injunction only means that the court believes that Rock

would be irreparably harmed while the case continues if

. he cannot stay with his job. Despite the judge's comment

on the final outcome of the case, Rock could still lose if

the court refuses to issue a permanent injunction after

hearing the merits of the case. The preliminary injunction

only reinstates Rock's security clearance so that he may

continue his work pending the final outcome of the

litigation.

For the time being, the effect of Judge Carter's ruling is

to overturn the Defense Department's Industrial Security

_ Clearance Review Board which decided to deny Rock's

clearance.

Remcho will return to court this month for a hearing (c)

before U.S. District Judge Samuel Conti to wae for the

issuance of a permanent injunction.

Commenting on Judge Carter's order, Remcho called

it ``fair and just and a significant blow to the federal

bureaucracy's limited perception of the rights of persons

to do as they wish with their own private lives. I am

confident that the courts will ultimately uphold Mr.

Rock's right to pursue his career and not be harassed for

his life-style.''

Aug. 1974

2 aclu news

LEGAL

Lowell High ordered to end sex bias in admissions

Lowell High School, San Francisco's only secondary

school to accept students according to academic grades,

used to require higher academic standards for girls than

for boys. Last month, the Ninth Circuit Court of Appeals

tuled that practice to be unconstitutional sex

descrimination. ACLU-NC participated in the case,

Berkelman v. San Francisco Unified School District, as

amicus curiae.

Students at Lowell are provided with the best teachers,

the most money, the newest and most sophisticated

equipment, facilities and resources, a wide variety of

courses, teaching methods and academic opportunities

available at no other high school in the District.

Formerly, Lowell accepted female students who had

3.5 grade-point averages and males who had 3.25

averages. In an unanimous decision, the three-judge

court said that violated the equal protection clause of the

Fourteenth Amendment to the U.S. Constitution. The

school had claimed that it needed to use the unequal

standards to assure equal numbers of girls and boys in

each class.

those of males who were accepted.'' In 1972, one

ACLU Legal Director Charles Marson argued that the

policy was invidious discrimination on its face and it ``had-

the effect of denying admission to Lowell of a significant

number of otherwise qualified female applicants who

possessed grade-point averages equal to or superior than

hundred eighty-nine females who had 3.25 averages of

higher were not accepted. _

Marson pointed out to the court that recent law is clear

that sexual equality is far too important to be ignored in

the name of lack of locker space and allowance for the

unproved and untested aptitude of fourteen-year-old -

males, a previously advantaged group. ``Under any test,

the sex-based discrimination practiced at Lowell violates

the equal protection clauses of the federal and state

constitutions.''

In their opinion, the three judges pointed out that

discrimination is especially destructive in education (c)

because it later effects access to jobs. They declared:

- ""Lowell High, as conduit to better university education

and hence better jobs, is exactly that type of educational

Your ivaime

Your hae,

PAY TO THE orl OMe. AVOeTe Politician _

oe eee Dea.

program with regard to which Congress intended to

eliminate sex discrimination when it passed Title IX.''.

The judges specifically rejected Lowell's claim that

boys developed more slowly than girls and therefore need

an edge in the competition. Their theory is that the boys

then catch up with the girls later in their high school

careers. School administration also argued that there was

substantial educational benefit to be derived from having

balanced numbers of males and fetneles ares the

school.

Nevertheless, the Court of Appeals (ouad that the

"unsupported notion that an equal number of male and

female students is an essential element in a good high

school education was the apparent justification for the

school district's policy...but, no actual proof that a

balance of the sexes furthers the goal of better academic

education was offered by the school district.''

The case had been appealed from an unfavorable ruling

in the federal district court by the Youth Law Center

which represented several women who were excluded

from Lowell High School.

Grand jury biased in

MARKET-NEW MONTGOMERY S See

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ACLU Legal Director Charles

Marson filed an amicus curiae brief last

month in the California Supreme Court

on behalf of an attorney named Wesley

S. Burrows. In 1971, Burrows was

accused of embezzling funds from a

client's trust fund.

In the course of their investigatin the

police obtained a warrant to search his

office. Purportedly pursuant to that

warrant the police confiscated nearly

every piece of paper they could find.

Among the seized materials were three

bank checks which the police thought

might yield further clues.

that the seizure of all of the defendant's

records was illegal and the evidnece was

suppressed. Following up on the checks

_ however, the police telephoned the

banks and received from them copies of

all of Burrows' financial records.

At Burrows' trial, the court ruled

that the seizure of all of the defendant's

records was illegal and theevidence was

suppressed. Following up on the checks

however, the police telephoned the

banks and received from them copies of

all of Burrows' financial records.

While this handing over of bank

records occurred before the provisions

of the Bank Secrecy Act went into

effect, obviously the issues are quite

similar. In the opinion of the US.

Supreme Court earlier this year on

ACLU-NC's challenge to the Bank

Act, Justice William Rehnquist hinted

that the ruling might be reversed if it

were shown that a criminal defendant

At Burrows' trial, the court ruled

-unreasonable.

Bank check secrecy issue

in state Supreme Court

was being harmed by the provisions of

the act. Such is the case with Burrows.

In his brief, Marson argues that the

warrantless search and seziure - of

Burrows' bank records by the police in

cooperation with bank employees

violated his rights under the Fourth

Amendment of the U.S. Constitution.

He points out that the decision of the'

U.S. Supreme Court does not preclude

Burrows' claim that the seizure was

illegal since the Court did not invalidate

the claims of bank customers whose

records were actually seized but rather

_ the claims of customers whose records

might be seized.

Marson further contends that bank

customers have a reasonable ex-

pectation of privacy in the documents

detailing their personal financial

transactions. While the records

themselves may not be in the

possession of the customer, he claims

that the customers certainly expect that

their banks will treat their financial

affairs as confidential.

Finally, the ACLU brief charges that

the bank employees who honored the

police request for Burrows' bank

records acted as agents of the police and

also violated the Fourth Amendment.

Marson concludes that the search and

seizure of Burrows' financial records,

without a warrant, must be presumed

prosecution must justify it and, failing

that, the evidence must be excluded

from his trial.

San Quentin Six case

The 1971 Marin County .:Grand Jury

indicted six San Quentin inmates for

murder and conspiracy as a result of the"

escape attempt at the Marin County ~

Courthouse in August, 1971. The

defendants moved to quash the in-

dictments on the ground that the grand

jury was not composed of their peers. The

Grand Jury was handpicked by the five.

Superior Court Judges of the county.

A trial judge from a different part of the

state agreed with the "`San Quentin 6"'

and ruled that the selection system for the

Grand Jury was inherently unfair and that

it denied ``a fair representation of the

_ groups to which the defendants belong, to

wit: the Blacks, the Latin Americans, the

blue-collar working class and the

young...""

In quashing the indictment, the trial

judge also stated that any system of

personal selection will deny fair

representation to the accused and that

some system of unbiased selection would

be required to meet the constitiutional

standards of equal protection, due process

and fair play.

The government has appealed this

ruling and the ACLU Foundation joined

with the San Francisco Barristers Blub to

file an amicus curiae brief in the California

Court of Appeal to support the San

Quentin 6. The ACLU brief was prepared

by volunteer attorney Jon Van Dyke, a

_ professor at Hastings College of the Law.

Van Dyke argues that grand juries must

be selected through a procedure that is

designed to insure that a representative

cross-section of the community be im-

paneled. He points out that the historic

purpose of the grand jury was to act as a

shield against over-eager prosecutors.

Their function is to protect an accused

rights. This function however, requires

that they reflect the community interests

of the accused.

Grand juries are selected in two ways in

the United States: (1) random selection

from a neutral list, and (2) a method in

which discretion is exercised either by the

judges, the court clerks, or a group of

citizens specially selected for this

responsibility. While both methods are

- constitutional, the U.S. Supreme Court'

has noted that the potential for abuse is

great with the second method.

Continued on page 4

Medical privacy

A university research project on

medical records and patients' rights,

would like to hear from anyone in

Kaiser-Permanente Health Plan who

has had experiences with violation of |

confidentiality with his-her record,

refusal to give access to own record, or

sponsored by Senators Sam Ervin (D-

N.C.) and Gaylord Nelson (D.-Wis.).

While the bill went through the

Senate relatively easily, it will certainly

have a tougher time in the House.

Action in the House has not been

scheduled yet but the bill will go to the

`has not been printed and forwarded to

` variety of measures designed to reverse

- Representative Don Edwards (D. San

records except where the customer .

Aug. 1974

aclu news 3

House Committee on Interstate and

Foreign Commerce. Though the bill

that committee, letters to its California

members (John E. Moss. Lionel Van

Deerlin, and Barry M. Goldwater, Jr.)

now urging House approval of the no-

knock repeal would be especially

impressive indicating an alert, in-

formed and interested constituency.

ABORTION

Hearings are proceeding before

Senator Birch Bayh's Subcommittee on

Constitutional Amendments on a

the Supreme Court's ruling upholding

the right to abortion. :These hearings

started as a result of anti-abortion

forces demanding action on_ their

proposals. The tactic seems to be back-

firing however since the hearings are

bringing out previously unnoticed

support for the constitutional right of

women to control their own bodies.

Frustrated, the abortion foes are

leaning very heavily on California

Jose) to begin similar hearings in the

House. Edwards has been resisting the.

arguments of the supporters of anti-

abortion amendments but he needs

mail from constituents in Northern

California to bolster his position in

favor of maintaining the Supreme

Court's ruling.

BANK SECRECY

Senator Alan Cranston and

Representative Fortney H. Stark are

sponsoring identical ``Right to

Financial Privacy'? amendments to

reverse the ruling of the U.S. Supreme

Court upholding the Bank Secrecy Act

of 1970. ACLU-NC_ unsuccessfully

challenged the Act in the High Court

earlier this year. The measure allows

the government to inspect the financial

records of citizens and forces banks and

other financial institutions to maintain

the records.

Cranston and Stark held hearings

this month of a Senate banking sub-

committee which Cranston chairs.

ACLU-NC Legal Director Charles

Marson testified at one of the hearings

in Los Angeles. Their measures would

prevent banks from disclosing customer

consents or a court so orders. In all

cases, the customer would be notified

in advance.

To support the bills, write Cranston

and Stark as well as your own

Representative.

second issue; and it is completely silent on

the third.

Sherood concluded before the Criminal

Justice Committee that the Robbins Bill

does not offer a reasonable solution to the

problems presented by rape trials nor does

it resolve all the conflicts between the

rights of the defendant and the rights of

the complaining witness. She added,

however, that ``the bill. would im-

permissibly burden the right of the

defendant to confront and cross-examine

witnesses and to present relevant evidence

in his defense.''

ACLU is convinced that reforms are

necessary in the rape laws and is sup-

porting a package of thirteen bills proposed

by Assemblyman Sieroty which conform

much more closely to ACLU's policy. The

effort to pass these bills will be renewed

once a final determination has been made

on the Robbins Bill.

After debate on the Assembly floor, the

bill must go back to the Senate for con-

currence on the amendments attached by

the Criminal Justice Committee. If the

Senate cannot agree on those, the measure

will be referred to a conference committee

to hammer out differences in the two

versions. In the meantime, ACLU will

continue to convince the senators and

assemblypersons of the gravity of tam-

pering with the precious constitutiona!

rights involved. If you agree, write your

state legislators and ask them to oppose $B

1678.

Aug. 1974

aclu news

Wayne Mortimer Collins, who served as ACLU-

NC's General Counsel for more than three decades,

died last month aboard a jet enroute from

Honolulu. to San Francisco at the age of 74.

Anyone associated with ACLU during the 0x00B030's,

'40's or '50's knows what a deep loss his death is to

the thousands of people whose rights he devoted his

life to.

_- Paging through past issues of `ACLU News,"'

one is awed by the unrelenting chronicle of the

achievements of Wayne Collins. One of his first

cases was on behalf of a nine-year old girl who was a

Jehovah Witness. She had refused to salute the flag

in school because she considered it a form of

idolatry against her religion. Wayne fought on her

behalf all the way to the Supreme Court between

1935 and 1939.

During World War II and the post-war years,

Wayne Collins was one of the few people in the

United States who fought for the rights of Japanese-

Americans who had been interned. He virtually

abandoned his private law practice to defend the

displaced Nisei in deportation proceedings, the

forced removals and acquiring citizenship. He

visited the internment camps constantly and was

often the subject, of threats, intimidation and

actual violence himself.

One of his most famous cases was that of the

`*Tule Lake Renunciants'' - 331 Japanese who

had renounced their citizenship after being in-

terned. Wayne's efforts resulted in the rein-

statement of citizenship for over 5,600 West Coast

Japanese.

In the early 0x00B050's, Wayne Collins was again in

the forefront of the battle for civil liberties defen-

ding countless victims of ``McCarthy hysteria'

and the Levering Oath. _

And, his achievements go on and on.

It can be said of few people that they contributed

as much to the rights of us all as did Wayne Collins.

We only hope that we are able to continue his work

with the dedication and human kindness he had for

all people. We all mourn his loss.

Grand Jury

Wayne Collins |

LEGAL

Project challenges inmate transfers

ACLU Prison Project Director Peter Sheehan filed a

class action lawsuit last month in U.S. District Court to

challenge the policies of the California Department of

Corrections regarding transfers of inmates within the

state prison system.

- While the suit has been brought on behalf of all inmates

in California prisons, two plaintiffs are named specifically.

Christopher Walker was incarcerated at the California

Men's Colony in San Luis Obispo for 16 months. Early

- this year, the Department of Corrections transferred him

to Soledad. Russell Esters was at the Men's Colonly for

21 months before being sent to San Quentin last

December.

Both men were in the East Facility of the Men's

Colony which is a medium security institution. The 2400

inmates there are divided into 600 man ``program units"'

and each man has his own room, to which he has his own

key. Between 6:30 a.m. and 10:00 p.m., the inmates are

given virtually unrestricted access to their section of the

institution, including the day room, the television room,

the showers, and outdoors in the quad.

In addition, Walker, Esters, and the other Men's

Colony inmates had a table, bed, toilet, sink with hot and

cold water, earphones with piped-in music, air ven-

tillation and an outside window in their rooms.

The men are paid $7.50 per month for their jobs and

are allowed ``contact'' visits for up to seven hours at a

time. There is also a Family Visiting Program where the

inmates can visit overnight with their families in a special

facility. Two weekly phone calls are allowed and

correspondence is unlimited. Group therapy, psychiatric

counseling and college-level courses are also available.

Since their transfers, however, life has changed

dramatically for Walker and Esters. At Soledad, Walker is

limited to one-hour visits with a screen between him and

his visitor , he can only correspond with a small number of :

people. Similar restrictions are in effect at San Quentin for

Esters and the move placed him about 300 miles further

away from his family, which lives in San Diego and

visited him often in San Luis Obispo.

Transferred inmates are housed in ``B'' Section at San

Quentin, along with the institution's disciplinary

problems. It is overcrowded ; few cells have only one man.

Prisoners are locked in their cells most of the day, allowed

out te for ricals: weekly showers, and exercise every

other week. ``B'' Section inmates are denied canteen,

gym, or library privileges and may be visited only My

attorneys.

At Soledad, Walker was placed in the Segregation

Unit, called O-Wing. He is locked in his cell 24 hours a

day , except for a shower and a brief exercise period three

times per week. For visits, the inmates' hands must be

handcuffed to a waist-belt.

Neither man was told either before or after his Gandier

~ why the Department was moving him. They were not

afforded any hearing or other due process and Department

regulations hold that none need be given. It is these

regulations which are being challenged by the ACLU suit.

Besides the loss of the more amenable facilities and.

privileg Ss at the Men's Colony, both Walker and Esters

are in'greater physical danger of assault or murder as a

result of thier transfers. Furthermore, their chances for

parole are diminished since the rehabilitative programs

which they were involved in at the Men's Colony are now

denied them.

Sheehan argues that Walker and Esters must be granted

at least the minimum safeguards of procedural due

process guaranteed by the Fourteenth Amendment to the

U.S. Constitution before they may be subjected to the

obvious detriments of their transfers. He also charges that

all inmates in California are treated with the same denial

of rights by the Department of Corrections when

transferred.

Therefore, Sheehan asks the federal court to declare the

prison regulations allowing such transfers un-

constitutional and to order the Department to halt the

summary transfers. He also argues that inmates should be

granted prior notice and a statement of reasons for any

transfer. He should, in addition, be entitled to a hearing

at which he can confront witnesses or evidence against

him and that a written record of the hearing be kept.

Finally, Sheehan requested that the court order the

Department of Corrections to return Walker and Esters to

their status and privileges at the Men's Colony. Until that

time, however, the Department of Corrections will no

doubt continue in its belief and practice that inamtes have

no rights and that treating them as less than human will

setve society now and once the prisoners are released.

indictments

Continued from Page 2

Van Dyke charges that a hand-selected

grand jury must be statistically repre-

sentative of every identifiable group in

the jurisdiction. He noted that the judge

found that this was clearly not the case in

Marin and that the burden for justifying

the disparity shifts to the government.

The trial judge found that they had not

met that burden.

`In Marin County, Blacks, Hispanic-

Americans, blue-collar workers and the

young, constitute readily identifiable

groups in the jurisdiction which may not

be- excluded from grand jury service,''

Van Dyke adds. He claims the trial court

correctly quashed the indictments because

a prima facie showing of discrimination

was made and it was not rebutted by the

government.

_ In his concluding argument, Van Dyke

stated, ``defendants are members of the

excluded groups and thus have a special

interest in the composition of a grand jury.

But, in quashing the indictments, the

court below vindicated more than the

rights of the defendants to indictment by a

Bie earch: called egal by ALL.

Clarence Stevens is an out-patient at the

California Rehabilitation Center which has

jurisdiction over many of the state's drug

offenders. As an out-patient, he is allowed

to live away from the center, supervised

by a CRC agent, and under a list of

conditions similar to conditions of parole.

properly constituted grand jury. It also

vindicated the rights of Blacks, Mexican-

Americans, wage-earners, and the young

to their place in the California system of

criminal justice. They too are entitled to

the full and equal protection of the laws.''

Richard Sims II of the Barristers Club

joined with Van Dyke in the brief asking

the Court of Appeal to sustain the ruling

of the lower court.

One of those conditions in his case was

that he must consent to a search of his

personal effects and the place he is living

upon request by his supervising agent. He

was living with two women in Redwood

City. Police there suspected that one of

the women in the house was selling drugs.

They did not have probable cause to justify

a watrant or arrest of her however.

Instead, the police contacted Stevens'

CRC agent and told the agent they had

reason to believe that Stevens, not the

woman, had been selling drugs. The CRC

- agent authorized the police to search the

house. They searched everything in the

house, while Stevens was not even there,

including articles that obviously did not

belong to Stevens. They found drugs in

the possession of one of the women and all

three occupants of the house were

arrested.

ACLU-NC filed an amicus brief on

behalf of the three last month to argue that

the search was illegal. The brief was

prepared by Legal Director Charles

Marson. He argues that Stevens did not

consent to this search and he made no

blanket waiver of his Fourth Amendment

right to be secure from such searches.

Marson notes that any search conducted

under the condition of Stevens' out-

patient status must meet two tests: 1) the |

search must be reasonable as to time,

place, manner, and execution; 2) the out-

patient must be notified and present at the

search. ``The search of Stevens' house

failed both of these tests.'

The sole grounds that the state ad-

vances for the validity of the search as to

the two women is that Stevens' waiver of

his rights encompassed all his co-tenants

as well. Marson charges that ``Stevens

could not consent to any'' search of the

premises in his absence nor could he

waive the Fourth Amendment rights of

his co-tenants. In addition, he certainly

couldn't consent to any search of the

personal property of his co-tenants.''

In conclusion, Marson pointed out that

the warrantless search was illegal because

it did not come within any of the

*"Sealously and carefully drawn'' ex-

ceptions to the warrant requirement of the

Fourth Amendment. ``The search was

also unlawful because the police

fraudulently lied to the CRC agent to

procure his participation.''

For these reasons he asks the California

Supreme Court to uphold the trial court's

decision to exclude the evidence.

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IMPEACHMENT

Massive impeachment outpouring needed now

By RITA FRIEDMAN

Impeachment Coordinator

Since I started working on the im-

peachment. campaign sometime in late

September a great deal has happened. I can -

now, without hesitation, name all 38

members of the Judiciary Committee.

On command I can recite (with or without

inflection) the entire conversation that

took place in the Oval Office on March

21st ...Peter Rodino and I have developed

a ``meaningful relationship'? and I

consider him to be one of the best pen-pals

I've ever had ... BUT RICHARD NIXON

IS STILL PRESIDENT.

There are times, I must admit, that I

begin to feel rather discouraged by it all.

However, upon reflection certain positive

thoughts keep re-occurring. In September

the ACLU was a lonely voice, somewhere

off in the distance, but by mid October

what had once been considered an exercise

in futility had become a ``cause celebre.''

No longer do I feel that perhaps the

word impeach should not be used in mixed

company. I now hear that word being used

on T.V. without being bleeped. The latest

polls indicate that the public has accepted

the idea of impeachment as part of the

political process, rather than an act of

disloyalty. It's taken almost ten months to

reach this point and the end is now in

Contributions

ACLU-NC and the ACLU Foundation

receive gifts and contributions each year in

memory of individuals. Also, many

memberships are given for birthdays,

Christmas presents, etc. The ACLU will,

of course, acknowledge your gift to the

recipient or next of kin. Bequests and gifts

to the Foundation are tax-deductible.

What better gift or memorial could be

es than one which encourages freedom.

sight. It' s been a long haul and most of us

are beginning to show definite Ee of

battle fatigue.

There is still more for us to do, the

Judiciary Committee has voted to send 3

Articles of Impeachment to the full House

for a vote. Therefore the time has come

again for us to generate a great deal of mail

to the House demanding a ``yea'' vote on

impeachment. Even if your representative

has said he intends to vote for im-

peachment, it helps if he can exploit the

fact that his' mail from home is over-

_ whelmingly in support of his position.

The sheer volume of mail received by

the House in a given period of time acts as

a positive force. It worked after the Cox

firing and it will work again. There are

two very well organized and _ financed

groups generating a great deal of mail in

support of the President. :

In the last month or so because of their

effort, they have been able to tip the

balance of mail received by the House so

that it is running in opposition to im-

peachment. We've worked too hard and

too long to allow this last minute deluge to

wipe out what we have been able to

achieve.

Sit down right now and write a strongly

worded letter to your representative and

send a copy to the House leadership of

both parties. Keep the letter where it can

be picked up and. mailed rmiedicely,

Mail it out as soon as the House nears the

conclusion of its debate on the Articles of

Impeachment and is preparing to vote.

Ask your friends and neighbors to do

the same thing. We must be prepared to

generate enough mail to equal or surpass -

the amount received after the firing of

Archibald Cox. We have already for-

warded to Washington petitions bearing

the names of over 60,000 Northern

Californians who are demanding the

Aug. 1974 ;

aclu news (c)

impeachment of Richard Nixon.

The issues raised in Article No. 2, are

of special interest to ACLU. Imbodied in (c)

these articles are the major violations of

civil liberties - i.e., amendment rights -

stress these issues in your letters.

If all goes well, perhaps by Octoer I can

add to the list of things I've been able to do

since I took on this job, the ability to name

without `hesitation the names of 67

Senators who voted for the conviction of

Richard Nixon.

Philip Burton - (D) San Francisco

Don Clausen - (R) Santa Rosa

Ronald Dellums - (D) Oakland

Don Edwards - (D) San Jose

Harold Johnson - (D) Roseville

_ Robert Leggett - (D) Vallejo

Paul McCloskey - (R) Palo Alto

John McFall - (D) Manteca

John Burton - (D) Marin - San

Francisco

Robert Mathias - (R) Merced

John Moss - (D) Sacramento

Leo Ryan - (D) San Mateo -

B.F. Fisk - (D) Fresno

Northern California Delegation

Fortney Stark - (D) Oakland

Burt Talcott - (R) Salinas

Jerome Waldie - (D) Martinez

Mathias and Talcott are the only

two Northern California Delegates

who oppose impeachment - if you

live in these districts really go all

out.

Address:

House Office Building

Washington D.C. 20515

Northern California Delegation

`Three interns assist legal program

The ACLU Foundation Legal Program

has enjoyed the assistance of three interns

this summer who have provided much of

the research for several recent ACLU

lawsuits.

Katie Doyle is a third-year student at

Hastings College of the Law in San

Francisco. Funds for her position are

provided by an anonymous alumnus of

Hastings who has established a yearly

National ACLU conference

calls for decriminalization

The University of Wisconsin at

Milwaukee was the site of this year's

Biennial Conference which was the largest

in ACLU's history. Close to 500 persons

attended the sessions which lasted four

days. ACLU-NC was represented by

Board Members Ruth Jacobs, Germaine

Wong, Marilyn Patel, Ann Ginger, Rose

_ Bonhag and Board Chairman Richard

DeLancie. General Counsel Paul Halvonik

and six staff members also attended.

Two of the major issues at this year's

conference were impeachment and vic-

timless crimes. The National Board of

Directors met just prior to the conference

to decide what ACLU's position and

activity should be once an impeachment

trial begins in the Senate. Some members

advocated that ACLU could properly call

for Richard Nixon's conviction if the facts

of any civil liberties charge are not in

dispute and the defense is simply that the

violation was not an impeachable offense.

Others were concerned that until the

`ment.

actual articles of capecuient are passed

by the House, it is impossible to know

what the charges or the defenses are. They

were concerned that ACLU should not be

in a position of appearing to prejudge

-Nixon's case and they wished to advocate

maximum due process protections for him

in the trial.

The Board decided to take no action

before the House had completed its

determination of the charges. As soon as -

possible following a final vote by the

House of Representatives, the National.

Board will "meet again to develop an

ACLU policy on the Senate trial.

During the conference itself, a plenary

session and several workshops discussed

the topic of ``How to Prevent Another

Water gate.'' Some of the areas of possible

solutions coming out of these were

proposals for campaign reforms, a per-

manent special prosecutor and various

methods for reducing secrecy in govern-

Continued on page 6

internship from that school for ACLU.

Before entering law school, Katie, who

graduated from the University of

Michigan, was a social worker in the

Department of Welfare for three years.

She has been spending much of her time

working with Staff Counsel Joseph

Remcho on Allan Rock's security

clearance case.

Tova Indritz comes to ACLU from Yale

Law School where she begins her third

year in the Fall. She did her undergraduate

study at George Washington University

and received a Master's Degree in Urban

and Regional Planning from' the

University of Pittsburg. She worked two

years as an urban planner in New Mexico.

Her position is partly funded by the Law

Students Civil Rights Research Council.

JOHN TRUE

TOVA INDRITZ

At ACLU, she has been working on

Fourth Amendment cases with Legal

Director Charles Marson and some other

privacy problems.

John True, a third-year student at Boalt

Hall Law School, was a volunteer for

ACLU last Spring and is now being funded -.

by the Law Students Civil Rights Research

Council. John is a graduate of Trinity

College in Connecticut and spent two

years as a Peace Corps volunteer in Nepal

and then as an administrator in

Afghanistan. He is married and has one

child. John has been researching prison

cases for Prison Project Director Peter

Sheehan and worked on Richard Hawk's

contempt appeal with Joe Remcho.

Aug. 1974

aclu news -

Earl Warren's legacy

News of the death of former U.S. Supreme Court Chief Justice and Governor

of California, Earl Warren, saddened us all. We are proud to have established

the Earl Warren Civil Liberties Award last year and honored that he attended

our Bill of Rights Celebration to receive the first casting of the award named for

him.

In a very areound way his successes were ours and his loss first from the

Court and now from life is a loss for all those who believe in civil liberties.

Earl Warren changed the very role of the law and the courts in public life.

Before his time, the courts were largely instruments for maintaining the status

quo. Under Chief Justice Warren's leadership, the courts took the lead in

extending the protections of the constitution to previously disfranchised people.

The ACLU, which appeared before Chief Justice Warren with great frequency, -

has special reason to mourn his death. But so does every American who values

the sense of integrity, fairness and justice which he epitomized.

Earl Warren: A contemporary hero?

By EDISON UNO

On Friday, July 21, at high noon, the city of San

Francisco conducted memorial services for former Chief

Justice Earl Warren. The impressive ceremony was held

in the massive hall of Grace Cathedral. Less than 150

friends, associates, and the public attended this final

tribute to a native son who gained international fame and

respect for his progressive civil rights interpretation of the

Constitution for 16 years as Chief Justice of the United

States Supreme Court.

Conspicuously absent from the small gathering were

those who have been the beneficiaries of Earl Warren's

legacy to society. With the exception of a few local judges,

`minor politicians, and a handful of former associates of

the former governor, there were no signs of those.

segments of the liberal community.

Minorities were very few in number. Civil rights ac-

tivists, representatives of progressive organizations and

others associated with progressive change in society were

not visible. ;

It was a lonely feeling a this writer, for I had expected

to see many of my friends who have been. active in

progressive movements. I thought to myself, `"Have

Americans forgotten already the great contributions Earl

Warren made to society?''

RACIST STATEMENTS

_.For over seven years I have actively campaigned to

extract an apology and expunge the public records of

racist statements that impugn the loyalty of Japanese

Americans from the former Chief Justice. On July 9,.

1974, Earl Warren passed away...the campaign comes to

an end. There has been no public apology nor any

retraction of the damaging statements.

Last December I had the opportunity to meet and

discuss my concerns with Earl Warren when he was

honored by the local American Civil Liberties Union. He

immediately responded that he respected my views and.

concerns and assured me that my requests would be

fulfilled in the near future. I found him to be a warm,

cordial, sensitive individual.

Last month, Earl Warren was invited to speak at

Morehouse College in celebration of the 20th anniversary

of Brown vs. Board of Education (the case on

desegragation). At a dinner with a Japanese-American

professor, Earl Warren privately expressed his regrets

concerning the evacuation.

CONTRADICTIONS

I have my regrets too that he did not make the public

apology or extract the public records; however I am

confident that his role in the evacuation will become

clearer as his.personal files are made public. I have a

strong feeling that the contradictions of "his role as the

chief architect of the evacuation and his strong civil rights

leadership will be apparent in the public records or in his

autobiography.

There is no question in my mind as to the greatness of

this man. I strongly believe that his influence and power

was so great at the apex of anti-Japanese sentiments and

hysteria in 1942 that he was one of the few political

leaders who could have prevented the evacuation. Next to'

the President of the United States who issued Executive

Order 9066, the then eaten Attorney General had

Prostitution laws challenged by ACLU -

the considerable political power and contacts which could

have turned the tide of public opinion in favor of Japanese

- Americans and the concepts of civil liberties. It has been

stated that today's youth is looking for heroes. Earl

_ Warren can easily qualify as a contemporary hero. But let

us always remember that the man is not perfect; that his

impeccable record cannot deny a fact of history, a history

which changed the lives of 110,000 persons and which

may affect all Americans because it violated the rights

fundamental to us all.

EDITOR'S NOTE

Edison Uno will become a member of the ACLU- NC

Board of Directors next month. He has recently been a

member of the San Francisco Chapter Board of Directors

and has been active in grand jury reform. In 1972,

ACLU-NC awarded the Alexander Meiklejohn Civil

Liberties medal to him for his leadership in the repeal of

detention camp legislation.

. Edison has the dubious distinction of being the longest-

interned American citizen during World War-ll in one of

America's concentration camps. He spent a total of

1,647 days in Santa Anita Assembly Center, Arcadia,

California; Granada Relocation Center, Amache,

Colorado; and Crystal City Internment Camp, Crystal

City , Texas.

..Currently, he is a lecturer at San Francisco State

University in the Ethnic Studies Department and is on the

faculty of the California School of Professional

Psychology.

of behavior as criminal when such

behavior , engaged in either alone or

with other consenting adults, does

not in and of itself harm another

Continued from page Le

Last year, there were 279 arrests in which

both parties to the offense were civilians.

In all but three of these incidents, only one

person was arrested. That person was the

woman.

At a press conference to announce the

suit, ACLU-NC General Counsel Paul

Halvonik pointed out the sexist nature of

the enforcement of the statute. Last year,

when the police had female officers pose as

prostitutes to solicit males, public outcry

was loud and immediate, demanding an

end to the practice. Halvonik said that

`*the unfairness of such a situation was

immediately apparent to the public and

press - why should i it be any different for

women ?''

Another signal of the discrimination

involved in the enforcement of the law is

indicated by the fact that of the 113 men

arrested last year, none was taken into

custody. All were issued citations and not

one of them was found guilty by a jury.

Hinkel stated that ``the result of the _

application of the law by San Francisco .

police is a scheme designed to protect

heterosexual men from prosecution and to

punish women for merely agreeing to

engage in sexual intercourse for `money or

other consideration.' "'

_ Besides discriminating against women,

ACLU charges that the enforcement of

647(b) discriminates against unmarried

persons. One of the acts promised and for

which consideration is received by both

parties in the marriage contract is sexual

intercourse. The police, however, only

arrest non-married persons for engaging in

sexual intercourse for consideration.

Hinkel asks the court to declare 647(b)

unconstitutional and to enjoin the police

from enforcing it. She adds that `"`the

police illegally waste vast sums of money

on the law, money which ought to be used

in the protection of citizens from violent

crime.'' She noted that the incidence of

violent crime has increased unabated in

San Francisco over the past years but the

police insist on continuing the expenditure

of time and money on crimes yhich only

they believe to be important.

Penal Code Section 647(b) punsihes a

person for the speech of solicitation, and

ultimately, a private consensual and -

otherwise legal sexual intercourse.

Neither endangers anyone, and last year,

a poll showed that over 50 percent of the

people in San Francisco said that the police

have no business arresting anyone for it.

Biennial

Continued from page 5

One of the major resolutions coming

out of the conference, which was sup-

ported by Northern California, called for

the decriminalization of victimless crimes.

ACLU-NC is the only affiliate in the

nation which is already active in this

effort. The resolution adopted by the

conference delegates is the only sub-

stantive issue which is policy-binding. It

reads :

The ACLU opposes the definition

person, or directly force such person

to act unwillingly in any way.

Examples of behavior that should be

exempt from criminal prohibition.

include, but are not limited to:

gambling ,attempted suicide, sexual

relations, or the introduction of |

substances into one's own body.

Further, the ACLU opposes in-

voluntary institutionalization

and/or treatment of consenting

adults for engaging in such

behavior. Nothing in this policy is to

be construed as placing the ACLU

in opposition to reasonable

regulatory restraints, such as

already exist with respect to the

, production and sale of food, liquor,

cigarettes, penicillin, insulin,

methadone, aspirin, etc., except

that no restraints of any kind should

exist with respect to private sexual

relations between or among con-

senting adults.

Continued on page 8

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rat CSS cee

- Impeachment;

- Women's Rights; Rights of Children and

CHAPTERS

Aug. 1974

aclu news 7

San Francisco

Ruth Jacobs, President of the Chapter,

attended the ACLU's Biennial Conference

in Milwaukee from June 13 to 16. She

reported that one of its highlights was the

tribute to Roger Baldwin, one of the

founders of ACLU. At 90, he still was an

active participant at the conference.

Among the topics discussed were:

Victimless Crimes;

Cable TV.

Ms. Jacobs was particularly interested -

in the panel on Cable TV which is one of

the concerns of the San Francisco chapter.

The panel revealed that Cable TV can use

a monitoring device to ascertain what you

are watching ; ; thereby infringing the right

_ of privacy. The panel also informed the

participants of possible abuses of Cable

TV. She urged everyone to be constantly

alert to so called technical advances of this

type.

Representatives of every state in the (c)

union participated and the strength of the

organization was strongly apparent.

As part of its policy to monitor and

watchdog the San Francisco Board of

Supervisors, San Francisco chapter

president Ruth Jacobs criticized Super-

visor Quentin Kopp for his attempt to

interfere with the First Amendment rights

of an avowed Nazi and employee of the

S.F. police department by having her fired

because of her alleged violation of the

residency requirements of her job. Ms.

Jacobs pointed out that the ``ACLU

defends the civil liberties of everybody ,

even those who do. not believe in civil

liberties.'

Chapter Legislative

Chairman Seymour Farber at a recent

Board of Supervisors committee meeting

urged the Supervisors to approve a ~

resolution amending the penal code to

allow for local option in the issuance of

citations for victimless crimes. Mr. Farber

said "`citation arrests in victimless crimes

cases would automatically reduce law

enforcement costs and would also reduce

the opportunities for possible police

harassment.'' Letters were also sent to all

Supervisors urging passage of this

resolution. The resolution, unfortunately,

was not approved.

o SHOULD SCHOOL BE COM-

PULSORY? That's the topic for the Essay

contest open to Senior High school

. students. Assurance has been given that

the San Francisco Unified School District,

Parochial and private schools in the city

will approve the project..our distinguished

judges are: Mr. Herb Gold, author; Mr.

John Wasserman, columnist S.F.

Chronicle and Dr. Zuretti Goosby, former

member of the School Board.

Awards are: $75.00 first prize; $50. 00

second prize and $25.00 for winner's

school library. All entries must be sub-

mitted no later than November 15.

Awards will be made on December 15,

Bill of Rights Day.

Members of the Chapter will participate

in school assemblies, mid September to

promote the contest.

e A Speaker's Bureau verkchon" is

scheduled for Sat. Oct. 19-10 a.m. to 2

~ p.m. All Chapter members who wish to

participate, please call the chapter office to

reserve a place.

e A special program on The Bill of

Rights was presented to the Delancey

Street Foundation in August by members

of the chapter board.

Committee.

e The membership committee has

announced plans for neighborhood

meetings starting in October. If you wish

to host such a small meeting, please let us

know.

STILL NEEDED ... A DONATION

OF AN ELECTRIC TYPEWRITER (OF

RECENT VINTAGE) FOR THE

CHAPTER OFFICE. Please contact us if

you have one.

We are now in the midst of alanine

additional events for the coming months.

. If you have a special idea for an event that .

you would like to see become a reality, |

please call or write the chapter office.

Oakland

There being a hiatus in Chapter ac-

tivities now, it's a good time to reflect on

the past and coming years. It has been an

outstanding year for the Oakland Chapter ;

there are many to whom we owe thanks.

One year ago, the need was felt for some -

new goals, some victories, some fun.

Contributions by a number of people

combined to make it a year of great

progress.

Internally, the chapter has tripled its

active Board members, and through the

kindness of Attorneys Harvey Kletz and

Larry Moll, we have our own office.

Meetings run more crisply and are at-

tended by 6 times as many people as last

year. Having instituted a ``revenue

sharing'' program with the affiliate, we

set up the largest budget in Chapter -

history, and then met over 90 percent of

our fund raising needs by mid year. We

now have a financial base, and that

coupled with fund raising experience

should ease the money burden in future

years.

These changes are reflected in our

impact on the area. Perhaps the greatest

has been on the County CORPUS

program. It was ACLU that brought

CORPUS to the attention of the Board of

Supervisors; the chapter has one of the

few active Data Bank and Privacy

Committees in the Bay Area. Primarily

ACLU people succeeded in getting

a Citizens `Advisory Committee to oversee

the computer operations and then placed

ACLU people in 273 of the committee's

seats.

ACLU - Oakland has had a strong

voice in the County pre-trial detention

facility problem. Although far from

finished, our impact at the formative

stages in the County's work will aid

immeasurably in accomplishing our goals.

We have impressed the County with our

concern, our committment, and the

quality of our work.

Through our Education Committee, we

have had several people involved in the

problem of selecting Oakland's School,

Superintendent and have affiliated with

Far West Schools, an exciting opportunity

to educate young people on Civil Liberties.

A very active Women's Rights Com- .

`mittee has increased our concern in that

area and the chapter has filled a number of

speaking engagements.

Successful, ongoing projects begun this

spring include a Court Observer program

for the arraignment process, a challenge to

the County's prostitute quarantine

program, and a "`5 Bay Area County''

Jail Conference.

The Chapter i is a tool for education and

"`preventive'' care of civil liberties. This

coming year we will advance these

programs and others working heavily on

local legislative bodies and the com-

munity. We will take an active stance in

the community, rather than a reactive

stance in court. We need more people of

all skills: Come and help us. The next

meeting will be September 18, 7:30 p.m.

at the Sumitomo Bank, 20th and Franklin

in Oakland.

Yolo

Jerry Bruck's film on I.F. Stone was

successfully used for our annual meeting.

It brought a real message to Yolo County.

In our concern that the Impeachment Bill

of particulars might miss the civil liberties

issues, we sent a letter expressing this

concern to all members of the House

Judiciary Committee. The letter was also

published in two of the local newspapers.

. Favorable responses have been received,

from our own Congressman and from one

member of the Judiciary Committee.

In addition to willingness to consider

individual complaints on civil liberties

violations our capacity to have an effective

education program in the coming year can

be measured by the activity of our

members. Volunteers are sought from our ~

membership for: a speakers bureau,

impeachment activities, jail review

committee, membership activities, free

speech messages on TV and radio, and.

other activities to promote an un-

der standing and the cause of civil liberties.

Stockton

The Stockton Chapter of ACLU will

have an End of Summer Party on Sep-

tember 2nd at the home of Mr. and Mrs.

Thomas McFarland, 11000 East Eight

Mile Road beginning at 2 p.m. Beer, hot

dogs, and salads will be served at a

nominal charge. Proceeds will. be used to

support the Answering Service main-

tained by the Stockton Chapter.

Santa Clara

The Committee for Open Media is

focusing its attention on radio stations in

the coming months. Free Speech -

Messages are still the committee's

number one project; but, upcoming

~ license renewals for radio stations demand

the attention of this committee and

Chapter volunteers.

Of prime interst is the access Siiieation'

"rediscovered by the Supreme Court in CBS

v. DNC, 1973. The access obligation is

the basic component of the Fairness

Doctrine, first set forty by the FCC in

1949. This doctrine holds that the needs

and interests of the general public can only

- be satisfied by making available conflicting

views held by responsible elements of the

commuity.

The court stated that: ``A broadcaster

neglects that obligation only at the risk of

losing his license." The Committee for

Open Media is monitoring stations and

will challenge license renewals of those

stations not living up to the access

obligation.

Phil Jacklin, chairman and driving force

behind the committee is looking for

volunteers to help monitor stations. |

A ``Voir Dire Forum'' is being held

on Friday, September 20 at the Lincoln

High School Cafetorium in San Jose. Local

attorneys will enact a simulated jury

selection before a local judge, with in-

teresting and provocative pas among

the prospective jurors.

This is the first of a series of public

events being planned by the Santa Clara

Valley Chapter for the coming months.

Chapter Chairman Mike Chatzky wrote

a letter to Santa Clara County Sheriff

urging him not to adopt a proposed plan to

institute psychological and achievement

tests, as well as psychiatric interviews for

unsentenced as well as sentenced inmates.

An unconvicted inmate is presumed

innocent and retains all the rights of

citizenship of-an unincarcerated citizen ;

hence, the proposed program is in

- violation of his constututional rights.

Whether the inmate is being held in the

main jail or at the "`farm'' in Milpitas as a

result of these tests, cannot help but act as

a prejudicial "`message'' to judge and

jury; another factor to be taken into

consideration.

A copy of the letter was also sent to the

County Board of Supervisors.

Mt. Diablo

Mt. Diablo Chapter combined pleasure

with business at its Fourth of July picnic at

Lafayette Reservoir. Softball, chess,

horsehoes, guitar playing, and lots of

chatter ``sandwiched'' a short business

meeting.

ACLU-NC Executive Director ify

Miller and his family joined the picnic

during late afternoon. Jay reported that

"`very mixed expectations'? from the

Court, along with political changes

resulting from ``Watergate,'' indicate we

should be working on civil liberties

legislative packages to present during the

ext year. Jay expressed concern that

impeachment proceedings succeed so that

the American people will feel that they

retain control of their own_ political

destiny.

Broad-based representation by a newly-

elected Chapter Executive Board seems to

_ be assured in that its members come from

eight different towns in this area and hold

occupations including businessman,

musician, cancer-researcher, school

teacher, college student, homemaker, ~

high school student, building contractor, .

college professor, attorney, and com-

munity service worker. A meeting to set

priorities and to plan activities for the

coming year has been scheduled for 8:00

p-m., Monday, August 12th, at the home

of Bob Boyle (address below). All ``new''

~ and ``old'' Board members and other

interested Chapter members are en-

couraged to attend this meeting and/or to

volunteer their names for work on one of

the committees.

At present the Chapter especially needs

someone willing to coordinate follow-up of

the telephone calls that come almost daily

into our answering service. We also need

persons willing to provide liason with

other civic organizations in this area,

someone to keep the press and other media

informed of ACLU activities, and persons

who will serve as ""court watchers'' and

chapter spokespersons to local boards and

commissions. Members are needed now to

work on committees: Membership;

Speakers' Bureau; Legal; Telephone -

Tree ;Schools Liason; Women's Rights;

Civil Liberties Library; Jail and Alter-

Natives to Incarceration; Youth Rights;

Public Education Projects and more!

If you are willing to invest a little of

your time and talents to any civil liberties

projects or activities in the Mt. Diablo

_ region, mail me a note soon, and try to

come to the August 12th meeting: Bob

Boyle, 1040 Upper Happy Valley Road,

Lafayette, 94549, (Phone: 283-8685).

Aug. 1974

: " aclu news

CHAPTERS

Monterey

Chapter President, Pearl Carey, at-

tended the national convention of the

NAACP in New Orleans last month,

where she was attempting to get a

resolution adopted regarding the Hatch

Act. Recently she was fired from her

federally funded job with the Department

of Human Resources because her at-

tendance at the Democratic National

Convention in 1972 was a technical

violation of the Hatch Act.

Now returned from the convention,

Mrs. Carey is happy to inform us that her'

resolution was adopted intact and reads as

follows:

`"Whereas a citizen's right to

participate in all phases of the

political process is necessary to have

an active and meaningful role in his

government and whereas many

black persons are employees of the

Federal Government and are

hindered. from participating in the

total political process by the

restrictions of the Hatch Act,

therefore be it resolved that the

Congress be urged to amend the

_ Hatch: Act to allow persons covered

thereby to be delegates to political

conventions, be members of

political clubs, distribute campaign

literature, buttons and badges, sign

nominating petitions and take an

_active paft in partisan political

campaigns.''

The resolution was accepted

unanimously by 3,150 delegates at the

NAACP National Convention on July 5,

1974, in New Orleans, Louisiana.

Santa Cruz

The end of summer will see the Santa

Cruz Chapter finishing up a year of

``trying to get it together'' and suc-

ceeding quite well! The Chapter has re-

organized and had two successful fund-

raisers handled by Elizabeth Moore and

Alan Muttersbach. Committee and

e @

Biennial

Continued from page 6

Some other areas which were studied at

the conference and on which non-binding

resolutions were offered included: science

and civil liberties, children and_ civil

liberties, prisoners' rights, rights of the

poor and health care rights. |

Besides the policy questions, the

conference was extremely beneficial in

terms of providing an opportunity for

ACLUers from all over the country to

discuss common problems, to hear ex-

perts' ideas, and to merely get to know

many of the people that are normally only

voices on a telephone from some other -

State.

Northern California contributed much

to the conference by providing several of

the expert speakers for the various panels.

Legal Director Charles Marson spoke on

privacy and legislative activity; Victimless

Crimes Project Director participated in

the sexual freedom panel; and, Amitai

Schyartz, Director of the Police Practices -

Project, spoke on police abuses. Also,

_ Executive Director Jay Miller was on the

committee which planned and executed

the conference. -

inidivudal work include affirmative action,

discrimination in unemployment, locker

shake-downs, and most important of all,

the present case of the mid-wives which

may set a precedent.

After several years of being de-funct,

the Chapter has really come back strong

and we feel this is a good time to celebrate

our ``revival'', The August meeting will

be at Cabrillo College on Wednesday, the

21st. Speaker will be Don Holland of the

Santa Cruz City Police; time is 8:00.

Room 508. Members are urged to become

active by joining any of our on-going

committees. For more information, call

Bernice Belton at 476-4685 or Jane

Fessenden at 423-5357.

Sonoma

The Sonoma Chapter has won a case

_ that has gained nationwide attention and

triggered a major debate on the issue of

separation of church and state.

Superior Court Judge Joseph P.

Murphy, ruling on a suit filed by Sonoma

County ACLU legal representative Martin

Spiegel, said the Cotati-Rohnert Park

school district was wrong in allowing a

song containing the word ``God'' to be

sung daily by kindergarteners at Waldo

Rohnert School.

Murphy said a 1962 decision of the U.S.

Supreme Court ``squarely held that the

inclusion of a classroom prayer composed

by state officials in a daily program for

public shools violated the First. Amend-

ment's prohibition against the making of a

law `respecting an establishment of

religion'."'

He also said the song in question was

twice held unconstitutional by high

courts, including one case in which the

word ``God'' was deleted from the prayer.

The school district pursued the use of

the song-prayer in spite of advice from the

Sonoma County Counsel's office not to do

so. One school official was quoted after the (c)

decision with saying he was surprised and

added, ``I thought Judge Murphy was a

fairly religious man and that he'd stand up

in what he thinks is right and not let

previous court decisions sway him.''

Judge Murphy - put the issue in per-

spective in his ruling. ``We must never

forget that the ideal of religious freedom

was one of the impelling forces in this

country's early history, and particularly

in the formal setting of the classroom, any

governmental intrusion must be

resisted.'' : :

The judge, in his decision, noted that

his ruling ``will likely irritate'' some

people. On that point he was quite correct.

A petition drive supporting the use of

the prayer in the school was started, and

allegedly gained 1400 or more signatures.

Numerous letters came in to Sonoma

County newspapers, most supporting the |

use of the prayer in the school. In July, the

school board was debating whether to

accept the decision as is, whether to see if

the song-prayer could be used for other

purposes, such as in music programs, or

whether to see if the state might take up

the legal challenge. The state comes into

the case because the prayer is in a state- -

approved textbook.

Chapter Chairman Bernard Sugarman

tried to put the issue in perspective for

those complaining about the decision by

pointing out that the issue was strictly

separation of church and state and not an

attempt to suppress religion. He indicated

that the decision was an important device

in retaining the right to expression of

diverse religious viewpoints.

The story got TV, radio and newspaper

play in the Bay ..Area, with attorney

Spiegel doing a good job of telling

ACLU's side. The case also drew national

- attention, with letters being sent to

Sonoma County newspapers by people in

the midwest and eastern US.

The Chapter's annual picnic was held

Sunday, July 7, and ended just prior to a

slightly unseasonal rainstorm. Picnic

chairman Mel Hildreth, chairpersons

June Swan and Lynn Young, and many

many others did a fine job in putting on

the picnic for about 250 ACLUers. Many

_ thanks to the artists who provided us with

`their works for the art auction - our main

source of revenue for local activities.

A unique feature this year was the

auctioning off of the services of a string

quartet composed of young Sonoma

County residents. . 7

A jazz group and string quartet also

entertained the picnickers throughout the

afternoon. Main speaker was attorney

Spiegel, who explored the role of civil

liberties as a framework for individual -

growth.

In the future-

Next ACLU Board meeting is ten-

tatively scheduled Thursday, September

19 at the Bank of Sonoma County, at

8:00 p.m. A preview of a slide show on

the Stanford jail experiment, which clearly

showed the problems facing both jailed

and jailers, is being arranged for showing.

Public is welcome.

Other programs, including films or

guest speakers, are currently being studied :

for the fall and winter.

ACLU will distribute to public high

schools in the county in the fall copies of

the book ``Law in the School,'' put out by

the state attorney general's office. It's a

good guide for teachers, administrators

and students, and ACLU hopes to en-

courage its use. It also might be utilized

for- social science classes.

Copies at $2 can be obtained from athe

State of California Department of Justice,

Office of the Attorney General, 600 State

Building, Los Angeles 90012.

Fresno

On the evening of September 4, the

Chapter will hold a social evening - and

fund raiser. There will be hamburgers and

trimmings and beer for your refreshment.

Also, swimming, dancing and a speaker

from the affiliate who will talk about

current civil liberties issues, will be

provided.

Food, location and. speech will be

donated and all the proceeds will go

toward supporting local civil liberties.

Admission will be $3 per person or a new

membership. Chapter members will

receive details soon. Plan to attend.

people may prefer a free government; but

or want of public spirit, they are unequal

if they will not fight for it when it is directly (c)

attacked; if they can be deluded by the

artifices used to cheat them out of it; if, by

they can be induced to lay their liberties

inetitutions-in all these cases they are more

or less unfit for liberty; and though it may

be for their good to have had it even for

a short time, they are unlikely to enjoy it.

FREEDOM SERIES

if from indolence or carelessness, or cowardice -

PARCHMENT POSTERS

These handsomely scripted quotations ate printed on

to the exertions necessary for preserving it; yellowed parchment-like paper and are suitable for framing.

The messages are as timely today as they were when

written, perhaps more so. These words by John Stuart Mill

ECs seem as if they were written about our political times.

The lasting wisdom of such illuminaries as Thomas Jef- |

momentary discouragement, or temporary ferson, Charles Sumner, Abraham Lincoln, Clarence Darrow,

panic, or a fit of enthusiasm for an individual, Patrick Henry, Langston Hughes, Frederick Douglas, Adlai

Stevenson and W. L. Harrison are presented on other sheets.

The posters measure 12-1/2 x 21-1/2 and cost $2.00 + tax

at the feet of a great man,or trust him with each, There are 12 posters in the set. You may order them

powers which enable him to subvert their single or the whole set.

Send your check or money order to:

ACLU - Freedom Series

593 Market St., Suite 227

San Francisco, Ca. 94105

The series is also available directly from the printer,

Graphic Arts of Marin, 2670 Bridgeway, Sausalito, Ca.,

94965.

In collections

ACLU-NC News: 1974

Details

Title: vol. 39, no. 6 (August, 1974)
Creator: American Civil Liberties Union of Northern California
Date: 1974 August
Identifier: ACLUN_0448
Genre: newspapers
Physical description: 40.5 x 28 cm
Publisher: San Francisco (Calif.): American Civil Liberties Union of Northern California
Preferred citation: ACLU of Northern California News vol. 39, no. 6, 1974 August; PER ACLUN; California Historical Society.
Rights statement: In Copyright
Publication rights: Copyright (or related rights to publicity and privacy) for materials in this collection, created by the American Civil Liberties Union of Northern California, was not transferred to the California Historical Society (CHS). Permission for reproduction or publication of materials in this collection beyond that allowed by fair use must be secured from the copyright holder.
Topical subject(s): Sex workers
Searches and seizures
Privacy, Right of
Nazis
Freedom of religion
Freedom of expression
Deportation
Criminal justice
Church and state
Reproductive rights
Affirmative action
LGBTQ rights
Levering oath
Police practices
Expungement
Japanese Americans--Incarceration, 1942-1945
Named subject(s): Baldwin, Roger
Burton, John
Collins, Wayne
Dellums, Ronald V., 1935-2018
Halvonik, Paul
Marson, Charles
Meiklejohn, Alexander
Nixon, Richard M. (Richard Milhous), 1913-1994
Patel, Marilyn Hall
Riemer, Louise Rothman
Schwartz, Amitai
Stone, I. F.
True, John
Warren, Earl
National Association for the Advancement of Colored People
San Francisco (Calif.). Board of Supervisors
Geographical subject(s): Sacramento (Calif.)
Salinas (Calif.)
Monterey (Calif.)
San Quentin (Calif.)
Santa Rosa (Calif.)
Fresno (Calif.)
Oakland (Calif.)
Tule Lake (Calif.)
Collection identifier: PER ACLUN