vol. 40, no. 3

aclu

Volume XXXX

April 1975, San Francisco

No. 30x00B0

Prostitution enforcement enjoined in Alameda

Last month, Alameda County Superior Court Judge

Spurgeon Avakian announced that he would grant a

preliminary injunction against Alameda County

health and law enforcement officials to discontinue

their practice of enforcing Penal Code Section 647(b)

- the prostitution law -so as to discriminate against

women.

On April 1, when the actual order was issued, Judge

Avakian went further than he had indicated earlier by

severely restricting the vice squad's normal en-

forcement tactic, the ``decoy" system. The injunction,

the first of its significance in victimless crimes

litigation, came in Riemer v. Jensen, a taxpayer suit -

filed last October by Deborah Hinkel, Director of the

ACLU Foundation's Victimless Crimes Project.

- Penal Code Section- 647(b) makes it a crime to

solicit or engage in sexual intercourse for any kind of

consideration, including money. Hinkel has argued

that the statute is unconstitutional and therefore a

waste and illegal expenditure of taxpayer funds.

Furthermore, she charges that it attempts to punish

either exercise of speech or sexual activity by con-

senting adults in violation of their right of privacy.

Finally, the ACLU has contended that enforcement of

647(b) has consistently discriminated against women

since almost no men are charged with violations.

Judge Avakian declined to rule on the con-

stitutionality of the statute itself until the matter goes

to trial. However, he agrees that the enforcement

- practices are unconstitutional and has therefore

enjoined them by his injunction.

In Oakland, an all male vice squad, enforces 647(b)

by impersonating businessmen who are interested in

paying for sexual activity. As result, only women are

arrested. Once arrested, these women spend up to.4

days in jail and are denied their right to bail while

they are quarantined for venereal disease

examinations. The incidence of venereal disease is no

greater among these women than in the general

population.

Male customers, however, who are equally guilty of

the crime as described in the sex-neutral statute, are

never arrested, never examined for V.D., and never

required to call their families to bail them out of jail.

Once in a while, a male customer is handed a citation

and allowed to go. Last year in Oakland alone, more

than 800 women were arrested, quarantined and

charged for this offense while only 36 men were given

citations for participating in these incidents.

Hinkel called this enforcement scheme as "nothing

less than war on women."' When the District Attorney

was asked to explain these arrest and citation figures,

he claimed that a prostitute is a professional and a

repeater while the male makes one contact and, once

cited, ``immediately ceases his solicitation activity and

permanently leaves the area.'"' He added that the male

customer is often not charged since he is needed as a

witness against the female prostitute. The court was

not impressed with either justification.

Judge Avakian said, "There is no factual support

for the contention that the male customer is engaged

in a rare adventure. The court will not speculate

whether the customer should be viewed as a busy bee

skipping from one prostitute to another, rather than a

naive, unsophisticated man who learns his lesson from

one citation and forever after avoids the pitfalls of

prostitution."

Regarding the justification that the male is needed (c)

as a witness, the judge wrote, `"`why should the male

regularly occupy the favored role of being dubbed a

necessary witness? ... More significant, however, is

the fact that the `citation only' policy is applied even

when the male solicits a plainclothes policewoman,

who obviously occupies the role of witness should

there be a prosecution."'

When the actual order was issued last week, there

was a new element in it that went. beyond the

prohibition on discriminatory enforcement. The

injunction may effectively outlaw use of the un-

dercover ``decoy'"' system by Oakland Police in their

enforcement of 647(b).

The key section of the order enjoins the police

from ``engaging in any conversational activity, device

or scheme which encourages or aids the commission of

the offense of solicitation." The decoy system involves

just that.

Ninety percent of all arrests for prostitution made

in Oakland are the result of the decoy system. The way

it works is that vice squad officers pose as

businessmen open to or encouraging a solicitation.

They hang around bars buying drinks for women, visit

massage parlors and indicate an interest in sex; they

initiate conversations with women on the street, and

they have occasionally furnished automobiles to non-

police males who in turn seek to be solicited. Ac-

cording to Avakian's order, all such activities are

constitutionally impermissible since they `encourage

or aid the commission of the offense.''

The judge also noted in this regard, that when they

are enforcing 647(b), the police are not exempt from

Penal Code Section 659 which prohibits anyone,

including a vice officer, from counselling or aiding

another in the commission of a misdemeanor.

- Continued use of the decoy system could therefore be

a violation of the criminal law as well as Judge

Avakian's order.

When Avakian first announced his intention to find

the enforcement of , prostitution sexually

discriminatory last month, the Oakland Police

Department immediately responded with a female

police decoy who arrested 8 male customers. No other

men have been arrested in the past month, largely

because the identity of the PU Sa was widely

publicized by the media. .

What is so significant about the injunction however

is the fact that even female decoys may be ruled out.

With the decoy system, it is necessary for an un-

dercover agent to be a party to the solicitation and

according to the law, both parties are in violation of

647(b).

In his memorandum of decision, Judge Avakian

concluded, "`What is clear is that the enforcement of

the prostitution statute reflects society's dichotomous

outlook toward sexual behavior. The arrest and

quarantine policies and procedures outlined above are

not unique or recent. Prostitution, often described as |

the oldest profession, is deemed to be inevitable; and,

in the privacy of male circles at least, that is often

thought to be good thing. Men who get caught

patronizing prostitutes are treated with benign in-

difference. But there are indignant voices which

cannot be ignored, so there have to be some arrests,

and prosecutions, and fines and even short jail terms.

Hardly anyone expects these measures to be effective.

This has been the historical experience."

The judge added: "`Recently, however, the demand

for equal rights for women has focused attention on

this disparity at the specific level of law enforcement

activity. This lawsuit is but one of many around the

country in which courts are being asked to apply the

equal protection clauses of federal and state con-

stitutions to the enforcement of laws regulating sexual

behavior."

S.F. yields to public pressure on new police regulations

Last October, Police Practices

request, Garner responded that the Officers' Associations

and after a Practices Project as well as the

Project Director Amitai Schwartz

learned that the San Francisco Police

were developing new rules and

procedures on police operations and

practices. Schwartz wrote Washington

Garner, M.D., the President of the

Police Commission: ``A number of

groups and individuals have expressed

to me their interest in examining the

new rules and providing public input

before the Commission takes any action

on the new rules."'

Schwartz requested that he be in-

formed of the date and time the

Commission would take action on the

revisions and how public input would

be obtained. He also requested an

advance copy of the revised rules.

Rather than complying with the

revised rules and procedures were too

lengthy to be reproduced for the public.

Commenting on the request for public

participation, Garner wrote: "`As we all

know, it is very difficult for a group of

individuals to agree on any one subject.

To allow all neighborhood groups to

attempt to decide on what rule would be

good for their neighborhood while

another group registers disagreement

with said rule could mean that the.

Police Department might not adopt the

currently proposed rules until the year

2074 A.D." Garner apparently thinks

public participation is useful only if

everybody agrees. He did describe what

he thought was an adequate adoption

procedure: "the Commission ... will

forward copies to the various Police

- period of ten days, ..

the calendar for adoption.'' After the

rules are adopted, Garner allowed that

a group or individual could then appear

before the Commission to change one of

them.

Finding Garner's response something

less than satisfactory, Schwartz

prepared a lengthy memorandum to the

Police Commission pointing out the

public policy advantages and the legal

requirements that the public be en-

couraged to participate in the rules- .

making process. He again repeated his

requests for advance copies of the rules

and adequate opportunity to comment

on them. The memorandum _ was

prepared on behalf of the three

sponsoring organizations of the Police

. will be placed on American Friends Service Committee,

the Citizens for Justice, and the Ad-

ministration of Justice Project of the

Unitarian Universalist Service Com-

mittee.

At this point, the City Human Rights

Commission and the City Attorney got

involved. Both said that advance copies

of the manuals had to be provided and

that the public had to be allowed to

comment upon them.

The pressure on the Police Com-

mission was heightened by an editorial

column by Schwartz which appeared in

the San Francisco Examiner. In the

column, he pointed out that thus far the

Commission had refused requests for

Ones of the proposed rules and had

continued on page 3

tt til etiam "

April 1975

aclu news

Several months ago, Louise Riemer, the Chair-

person of the Oakland Chapter, and Louise Clark,

Chairperson of the Mt. Diablo Chapter's Jail Com-

mittee, offered a proposal to the ACLU-NC Chapter

Committee calling for a joint conference on jail

problems which would assist ACLU chapters and

other groups trying to work on these issues.

Due to their work and organizing, ``How to Change

the Jails" is the theme and title of a one day con-

ference to be held Saturday, April 26, at the

University of San Francisco from 9 a.m. to 5 p.m. The

conference is being supported by a coalition of

sponsors and associate sponsors who are interested in

the jail issue and represent a wide spectrum of

criminal justice conerns and _ involvements.

Some of the sponsors of the program are: ACLU-

NC, the Berkeley-Albany Chapter; the Mt. Diablo

Chapter and the Oakland Chapter; the American

Friends Service Committee; the Archdiocesan

Commission on Social Justice; Oakland Catholic

Charities; Joint Strategy and Action Commission;

Jesuit School of Theology; the Mexican-American

Legal Defense and Educational Fund; the NAACP

Legal Defense; San Francisco Sheriff's Department;

USF Law School; the Unitarian Universalist Service

Committee's Administration of Justice Project; and

the Young Adult Network.

_ Keynote speaker for the Conference is Sheriff John

Buckley, nationally known for his innovative and

creative attacks on the jail problem in his own

jurisdiction, Middlesex County, Massachusetts. For

the past year, Buckley has been a Guggenheim Fellow

Jail Conference to focus on "change"

at Yale Law School where he is participating in a

study exploring the benefits of expanding the court

system versus building jails.

Conference workshops we cover five areas: How to

Sheriff Buckley to keynote Jail Conference

Organize the Community - how do people get in-~

volved, education on the issues, who is important to

reach; Litigation - what can lawyers do, what are the

laws, when is litigation necessary; Legislation - what

is the legislative process in criminal justice, who are

the key people, how to lobby; Jail Administration -

what are the problems, how to work with the sheriff,

what is required of the jailer; Community-Based

Corrections - what services are available, how is a

community based service set up, what are the

problems.

JAILS"

April 26

All of the workshops will be held in the Nursing

School at USF and the general assemblies will be at :

the University Center. :

The entire conference has been planned for in- |

dividuals in the community, professionals in the.

- criminal justice field, and groups or organizations

who have interests and concerns in this area and want |

to act. This conference should provide some of the

necessary tools for that action.

Five dollars donations are requested to help defray

the costs. ue -registration should be sent oe April 21.

John J. Buckley. keynote speaker for

the jail conference, is the chief law

enforcement official of Massachusetts'

largest county, Middlesex. A nationally

recognized corrections expert and noted

reformer in the criminal justice field,

Sheriff Buckley has made many in-

novative changes at the Middlesex

County House of Correction and Jail,

which is acknowledged to be one of the

most progressive and modern in-

stitutions of its kind in the country.

Sheriff Buckley successfully brought

a suit against his own office to strike

from the books a 300 year-old law

allowing juveniles to be incarcerated

with adult criminals. He stopped the

degrading practice of censoring the

inmates' mail. As part of the inmates'

overall rehabilitation, Sheriff Buckley

began a family visit program to

strengthen ties between husband, wife

and children.

Eliminating outmoded

"rehabilitation" work, such as making

county brooms, dairy farming and

feeding garbage to pigs, Sheriff Buckley

obtained federal funds to finance an

extensive vocational training and

NAME

`corrections system,

HOW TO CHANGE THE JAILS CONFERENCE PRE-REGISTRATION

counseling program at the institution.

As a result, courses in electronics,

electricity, waste water and sewage

treatment, basic and advanced

education classes, Spanish as a second ~

language and high school equivalency

are available to the inmates. He

established the largest work release

program in the state.

Two full-time attorneys, a

psychiatrist, a social worker and nine

counselors work helping the inmates

under the Sheriff's federally funded (c)

legal and counseling program.

Correction officers are trained by the

staff in counseling techniques. Seventy-

five officers are enrolled in college level

courses at the institution, leading to a

degree in correctional administration.

An advocate of humanizing the

Sheriff Buckley

greatly expanded the recreational

activities at the institution as well as

establishing many new inmate-run

programs. These programs and ac-

tivities include, but are not limited to,

an inmate chapter of the JayCees, drug

therapy groups, Alcoholics Anonymous,

a professional 6,000 volume library, an

STREET

PHONE

award winning architecture course, a

reading for the blind project, art and

music courses, a comprehensive sports

program and a "Fellowship" program,

which encourages members of the

outside community to become involved

in helping the inmates at the in-

stitution.

Sheriff Buckley was the first elected

official in the country to advocate the

establishment of an experimental

heroin maintenance clinic as one

possible alternative method of treat-

ment for the problem of heroin ad-

diction. He traveled to England to study

the British heroin maintenance ap-

proach to the problem and has cam-

paigned for a medical, rather than a

criminal, approach to the problem of

drug addiction.

An opponent of county doveramient.

Sheriff Buckley filed legislation to have

the state take over the operation of all

jails and houses of correction in the

Commonwealth, a move which, in

effect, would abolish his own job. The

' Sheriff also submitted legislation on the

reform of the state's correction system.

Working with the Governor's Joint

_ JOHN J. BUCKLEY

Correctional Planning Committee, he

helped initiate legislation which was

incorporated into the new Omnibus

Prison Bill enacted into law in July

1972.

He has also filed legislation to -

redefine alcoholism as a medical, rather

than a criminal, problem. These bills

were incorporated into the recently

enacted Alcoholism Bill, which

removed the crime of public drunkeness

from the books and established de-

toxification centers throughout the

state for treating alcoholics.

aclu news

9 issues a year, monthly except bi-monthly in March-April, July-August,

and November-December

Business Home

ORGANIZATION

$5 donation requested Donation enclosed

For additional information:

Ms. Riemer, 547-1267

Lunch available at

University cafeteria

j (Checks made to the order of

( JAIL CONFERENCE)

"Reply Requested by April 21

Mail to: Jail Conference

2160 Lake Street

San Francisco, CA 94121

ee a ee

Published by the American Civil Liberties Union of Northern California

Second Class Mail privileges authorized at San Francisco, California

Richard DeLancie, Chairman of the Board, Irving R. Cohen, Acting Director

Mike Callahan, Editor and Public Information Director

593 Market Street, San Francisco, California 94105 - 433-2750 cent

Membership $15 and up of which $2.50 is the annual subscription fee for aclu News.

ERTIES RACINE BOE i BE Be eS DRED BNA ww PSS Gas CR I He

`ORGANIZATION

~~ April 1975.

aclu news

3

1975 Board-Chapter Co

After three successive years in the Carmel-South

Peninsula area, this year's Board-Chapter Conference

moves inland and north to Modesto. It will be held

May 16-17-18 at the Holiday Inn and Solardome in

Modesto which is thirty-five miles south of Stockton

on Highway 99. The conference site is less than two

hours from most of the Bay Area and considerably

more convenient for the San Joaquin and Sacramento

Valley Chapters.

The conference will begin at 8 p.m., Friday the

16th. There will be general discussions on the state of

the organization as well as workshops on the legal

program, educational. programming, jail issues,

lobbying, chapter development, and complaint and

referral services. Sessions will conclude with lunch on

Sunday the 18th.

Expenses for the conference will be $46.00 for a

double room and $58.00 for a single room. Price

includes 5 meals and overnight accommodations for

Board-Chapter Conferences in recent years have

often been sessions where ACLUer's gather to discuss

issues and identify the substantive priority concerns

for the organization in the succeeding year. Past

conferences fostered our efforts in women's rights,

prison rights, victimless crimes, equality and, last

year, privacy. - ee

When the Chapter Committee began planning this

year's conference, it quickly realized that our work is

far from complete in any of these priority areas and

_ that it is unlikely that we would want to shift priorities

at this point.

While further discussion and education on the

issues is always important, the chapter representatives

saw a far greater need for a close examination of the

_ internal organization of the ACLU and the general

health of the organization.

As the agenda for this year's conference was worked

out, it became more and more clear that the ACLU-

NC had come through a difficult and trying year.

nference to be held May 16-17-18

There are a number of staff changes, the financial

situation is critical, chapter funding subsidies were

instituted, at least one of the priority projects has gone

out of existence. We had great success in the "Zebra"

case and great defeat in the Bank Secrecy Case.

Many on the board and in the chapters have not

understood these problems or the weaknesses that

contributed to them. The chief focus of the 1975

Board-Chapter Conference is an examination of the

health of ACLU and a. reassessment of the roles of

chapters, board members, staff and membership.

All of the general discussions and the workshops

should be of critical importance to ACLU's leadership

and all are aimed at strengthening our organization. (c)

There won't be any speaker from Washington, D.C.

and there won't be activity reports from chapters and

staff. There will be a lot of hard looking at our

problems and a lot of discussion of how to solve them. |

Every chapter and affiliate board member is

critical. Please try to attend.

two nights.

Last month, the ACLU Foundation

asked the United States Supteme Court

to hear the appeal of Richard Hawk,

the defense attorney for Juan Corona in

his trial for the murder of 21 farm-

workers in Solano County. Hawk has

been sentenced to 41 days and $2,000 in

fines for contempt citations incurred

during this defense of Corona.

During the trial, Hawk was held in

contempt 19 times and the sentence has

been stayed pending appeal. The

California Court of Appeal dismissed

several of the citations and _ the

California Supreme Court refused to

hear the case. Eleven findings of

contempt are now being presented to

the U.S.Supreme Court for its review.

Among the contempt charges being

challenged are: three days for advising

his client not to provide a handwriting

Richard Hawk appeal

sample to the prosecution; five days and

$500 for calling the prosecution's

challenges to prospective minority jury

members discriminatory; two days for

suggesting to a witness who had been

unable to tell critical directions that he

ought not to do any flying; five days for

calling his client by his first name; and

three days for replying after a

prosecution objection that Hawk's

cross-examination was beyond the

scope of direct examination that it was

"not beyond the scope of common

sense.'' Another of the citations came

after Hawk protested frequent hearings

in the judge's chambers. He was then

cited for "causing the Court to be

criticized by the Public and the Press."'

ACLU-NC Staff Counsel Joseph

Remcho asked the U.S.Supreme Court

to accept the appeal and overturn the

18,000 are not enough

In many ways, ACLU's greatest

strength is its membership. Of course,

membership contributions sustain our

work in the courts, in the legislature

and in local communities through the

chapters. What is more important,

Volunteers

ACLU-NC needs volunteers to

work on the San Francisco office's

complaint/referral desk. Volunteers

work one day per week from 10 a.m.

to 4 p.m. Tasks involved are phone

answering, discussing callers legal

problems, screening calls for civil

liberty issues and making referrals to

other agencies which can help

callers.

Problems of a civil liberties nature

are discussed each afternoon with

the legal staff and then return calls

are made to pass along the advice or

information. We need reliable

people who are often impatient,

distressed, or in trouble.

The complaint desk is a very

critical operation in the Affiliate

office and if you think you can put in

the time and work helping people,

please call 433-2750 and ask for Judy

Sanstadt for details.

volunteers capable of dealing with

however, is that we have 18,000 people

in Northern California who are in-

formed of and committed to the civil

liberties struggles of our day.

The problem is that 18,000 is far too

few. There are close to eight million

people in Northern California and

18,000 cannot watchdog all the threats

to freedom. Certainly there are many,

many people in Northern California

who would be willing to join us. Your

friends and associates are probably

among them.

In a few weeks, we will be sending

you a membership referral form. When

you receive it, please fill it out as soon as

possible so that we may mail pleas to

the people you suggest. This is the most

effective way we have of recruiting new

members and we are counting on you.

Also, if you are a member of any

organization which you think might

_ have potential ACLU members, drop a

note to our membership department so

that we can contact the group or, you

may be willing to ask the group yourself

to support ACLU. Either way, we

certainly appreciate the help.

The response to the first two

membership renewal reminders: has

been fantastic. The third renewal will

be mailed in a couple of weeks. If you

have not yet renewed, please do so as

soon as possible. The more of you who

do, the more money we save for civil

liberties work. We desperately need

every one of you in 1975.

s to U.S. Supreme Court

contempt findings. He argues that `"`the

contempt citations raise issues of

fundamental importance to all trial

attorneys, and if allowed to stand, will

have an immediate and chilling effect

upon the effective representation of

clients by members of the Bar." -

Remcho adds that the decision of the

California Court' of Appeal is at

variance with a number of U.S.

Supreme Court opinions protecting

the right and enunciating the duty of

attorneys to effectively represent

criminal defendants. He also notes that

Hawk's conduct did not in any way

disrupt the proceedings and was not

even aimed at the judge or the court. He

concludes that the federal high court

should not condone such a vague and

overly broad use of the contempt power.

Santa Clara

- ACLU, 593 Market St., Suite 227,

Nominations

ACLU members are again

_ reminded that there is still time to

submit nominations for members-at-

large to the ACLU-NC Board of

Directors.

Any fifteen or more members of

the Union may submit a nomination

directly to the Board of Directors by

sending a written petition no later

than May 1, 1975 which will then be

considered by the Board along with

any recommendations made by the

nominating committee. 6

No member may sign more than

one such petition and each

nomination must be accompanied by

a summary of qualifications and the -

written consent of the nominee to

serve.

Please send your nominations to:

San Francisco, CA 94105.

Attorneys Michael Chatzky and Joyce

Sogg were elected Chapter Co-

Chairpersons at the March meeting of .

the Board of Directors.

Mike Chatzky spoke to the Santa

Clara County Board of Supervisors in -

February regarding the Department of"

Immigration's proposal to use the

Sheriff's Department for the conduct of

mass roundups of illegal aliens within

_ the county. Chatzky told the supervisors

that, `A mass roundup of aliens would

be economically and pragmatically

unfeasible as it would channel the

resources of the Sheriff's Department

from the peace keeping function to the

peace breaching function through the

harassment of innocent individuals

within our county." Chatzky asked,

"How is the Sheriff's Department able

to determine whether an individual isa

native-born citizen, a naturalized

citizen, a resident alien, a non-resident

legal alien or an illegal alien?

At the board's directions Chatzky

also wrote a letter to the San Jose City

Council regarding the proposed study

of that body into the impact of illegal

aliens on the local economy.

The upshot is that the San Jose City

Council members have rescinded their

votes supporting the study and `the

Board of Supervisors have sent a letter

to immigration authorities saying there

should be no cooperation between

Immigration and the Sheriff's

_ Department in the proposed roundup.

The Sheriff's Department is

restricting its questioning of suspected

`illegal aliens to times of crisis, such as

when a crime has been committed.

Some customers of East San Jose

taverns still complain that they are

being subjected to Sheriff's Department

checks, however.

Police rules

continued from page 1 -

declined public input. He wrote, "In

the next few weeks the Police Com-

mission will make some crtical

decisions regarding secrecy and public

participation in its law-making process.

We will all know whether public input

will be welcome or whether secrecy will

prevail."

Finally, the Police Commission gave

in. They have now made copies of the

proposed rules available to the public

and they have scheduled a_ public

hearing on the adoption of the manuals

on Wednesday, April 23, at 5:30 p.m. in

Room 551 ofthe Hall of Justice.

Thanks to Schwartz's efforts to open

up the procedure, a number of groups

and individuals, including the San

Francisco Chapter of ACLU have been

studying the manuals and are preparing

comments to the Commisasion.

Whether the citizen suggestions will be

listened to is the next question.

- April 1975.

aclu news

FINANCIAL

ACLU-NC a Financial Report

THE BOARD OF DIRECTORS EXPENSES:

AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA Personnel expense:

I have examined the balance sheet of the American Civil Liberties Union of Salaries $87,793

~ Northern California as of December 31, 1974 and the related statements of income Payroll taxes 6,401

and retained earnings and of changes in financial position for the year then ended. Health and Life insurance 1,381

My examination was made in accordance with generally accepted auditing Total Personnel Expense 2 95,575

standards, and accordingly included such tests of the accounting records and such

other auditing procedures as I considered necessary in the circumstances. Overhead:

In my opinion the accompanying balance sheet and statements of income and 0x00B0 Rent | 9,213

retained earnings and of changes in financial position present fairly the financial Postage 4,390

position of the American Civil Liberties Union of Northern California at December Telephone : 5,298

31, 1974 and the results of its operations for the year then ended, in conformity Repairs and maintenance - 1,868

with generally accepted accounting principles applied on a basis consistent with Office supplies = 3.119

that of the preceding year. cae Xerox , 3,439

February 15, 1975 Lloyd Taylor Depreciation 440

Certified Public Accountant Total Overhead 27,767

3 Program:

AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA

Travel $ 3,318

BALANCE SHEET

DECEMBER 31, 1974 ACLU NES at

oe : Subscriptions a : 521

ASSETS Educational meetings 599

Current Assets: Membership maintenance 25,970

Cash $ 9,578 Membership recruiting 16,425

Receivable - ACLU Foundation 18,762 Legislative expense vee 2 2 11,504

Receivable - others ; 271 Chapter programs 1,980

Total Current Assets ; $28,611 Miscellaneous 2,988

a Conferences/travel 3,488

Furniture and Equipment, at cost: Total program $76,786

Furniture and equipment $3,114 Total Expenses $200,128

Less accumulated depreciation e499)

Net Furniture and Equipment 2,015 NET INCOME. 21,039

Total Assets $31,226 RETAINED EARNINGS (DEFICIT), January 1, 1974 - (9,511)

: RETAINED EARNINGS, December 31, 1974 $11,526

LIABILITIES AND CAPITAL :

Current Liabilities: Ri dcoe

Due ACLU National == 5 $19;700

se Be rou 19,700 AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA

STATEMENT OF CHANGES IN FINANCIAL POSITION.

Capital: e `YEAR ENDED DECEMBER 31, 1974

Retained Earnings 11,526

BICC F NDS PR D

Total Liabilities and Capital $31,226 v 2 ELD:

Net Income $21,037

Add charges against earnings not requiring funds:

AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA Depreciation . 2 ad.

STATEMENT OF INCOME AND RETAINED EARNINGS Total Funds Provided $21,477

YEAR ENDED DECEMBER 31, 1974 ae

Additions to furniture and equipment 2,787

Renewals: : ` :

Membership renewals $301,769 Increase in working capital 18,690

Less national share 107,345 Total Funds Used $21,477

Net Renewals es CHANGES IN WORKING CAPITAL:

oe Increase (decrease) in current assets:

New memberships: Cash 4.892

New member dues 27,119 a : : :

oe Receivable - ACLU Foundation __ 17,433

Less chapter share O17. == a5 0s

Net new members ae 19,242 ,

- Increase (decrease) in current liabilities: :

Other income: Accounts payable : : (2,079)

Record sales - net Payroll taxes payable = | (2,199)

Literature sales - net 452 Due ACLU National 15,513

Interest . 579 Unearned renewal income (1,316)

Miscellaneous 6,468 Unearned Impeachment income (6,284)

Net other income 7,499 3,635

Total inconie 221,165 Net increase in working capital 18,690

NOTES

continued from page 5

Sec. 261(4) (before 11-23-70)

Sec. 311.1, 311.2 before 9-15-61

Sec. 647.5 before 9-15-61

6. A District Court of Appeal recently held PC Sec. 1203.45 un-

constitutional to the extent that it denies the sealing remedy to

misdemeanor convictions for possession of marijuana. People v.

Ryser 40 Cal App 3d 1 Grd Dist, 1974). The effect of this

decision on the Department of Justice's sealing procedure is as

yet uncertain. The Attorney General's Office is preparing an

Index Letter on this point which will be published as CR 74-43

IL early this year.

7. In McMahon v. Municipal Court 6 CA 3d 194, 85 Cal Rptr 782

(2nd Dist. Div. One, 1970) the court held PC Sec. 1203.45 void

to the extent that it denies relief to persons arrested for, but not

- charged with, a felony. In Attorney General Opinion 54:107, at

109, however, the McMahon decision was limited to include

only offenses not specifically excluded from coverage by PC Sec.

1203.45 and PC Sec. 851.7. Caution must be exercised in ap-

plying for this remedy since it is not clear whether the Bureau of

Identification of the State Department of Justice has adopted

the court's decision.

. 1203.45(d) This section does not apply to a person convicted of

more than one offense, whether the second or additional

convictions occurred in the same action in which the conviction

as to which relief is sought occurred or in another action, except

in the following cases:

(1) One of the offenses includes the other or others.

(2) The other conviction or convictions were for the following:

(i) Misdemeanor violations of Chapters 1 (commencing with

Section 21000) to 9 (commencing with Section 22500), inclusive,

or Chapters 12 (commencing with Section 23100) to 14 (com-

mencing with Section 23340), inclusive, of Division 11 of the

Vehicle Code, other than Sections 23101 to 23108, inclusive, or

Section 23121.

(ii) Violation of any local ordinance relating to the operation,

stopping, standing, or parking of a motor vehicle.

(3) The other conviction or convictions consisted of any com-

bination of paragraphs (1) and (2).

9. This includes misdemeanor violations of VC Division 10 Sec.

20000 Accidents and Accident Reports Division 11 Sec. 21000 -

et seg Rules of the Road except laws applicable to vehicular

crossings (Ch. 13, commencing with Sec. 23250) and except Sec.

21461 as it applies to vehicular crossings and Sections 2800,

2801, 2803 as they affect failure to stop and submit to in-.

spection of equipment or for an unsafe condition endangering

any person.

FINANCIAL

April 1975

aclu news 7

ACLU Foundation 1974 Financial Report

THE BOARD OF DIRECTORS.

AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF NORTHERN

CALIFORNIA, INC.

I have examined the balance sheet of the American Civil Liberties Union

Foundation of Northern California, Inc. as of December 31, 1974 and the related

statements of income and retained earnings and of changes in financial position

for the year then ended. My examination was made in accordance with generally

accepted auditing standards, and accordingly included such tests of the accounting

records and such other auditing procedures as I considered necessary in the cir-

cumstances.

In my opinion the accompanying balance sheet and the statements of income

and retained earnings and of changes in financial position present fairly the

financial position of the American Civil Liberties Union Foundation of Northern

California, Inc. at December 31, 1974 and the results of its operations for the year

then ended, in conformity with generally accepted accounting principles applied

on a basis consistent with that of the preceding year.

February 14, 1975 . Lloyd Taylor

Certified Public Accountant

AMERICAN CIVIL LIBERTIES UNION FOUNDATION

OF NORTHERN CALIFORNIA, INC.

BALANCE SHEET

DECEMBER 31, 1974

ASSETS

Current Assets:

Cash (Note 1) $ 1,304

Total Current Assets $ 1,304

Furniture and Equipment, at cost:

Furniture $3,226

Equipment 2,868

9,094

Less accumulated depreciation | 8,477

Net Furniture and Equipment 0x00B0 617

Investments (Note 2) 15,298

Trust Funds (Note 3) 36,292

Total Assets $53,511

LIABILITIES AND CAPITAL |

Current Liabilities:

Accounts payable $ 3,979

Due to ACLU of Northern California 18,762

Deferred income (Note 4) = 10,201

Total Current Liabilities 32,941.

Pension reserve 30,000

Total Liabilities 62,942

Capital:

Retained earnings (deficit)

Total capital (9,431)

Total Liabilities and Capital $53,511

AMERICAN CIVIL LIBERTIES UNION FOUNDATION

OF NORTHERN CALIFORNIA, INC.

STATEMENT OF OPERATIONS AND RETAINED EARNINGS

YEAR ENDED DECEMBER 31, 1974

INCOME:

Bequests $ 500

Contributions ; 68,737

Less National Share 690

Net contributions 69,927

Dividends : : 1,951

Interest 2,975

Benefits 23,366

Total Income 98,219

EXPENSES:

Salaries e 84,706

Payroll taxes 7,808

Health and Life Insurance : 2,033

Pension - former employee 7,995

Rent 5,951

Telephone 5,475

Legal 17,933

Office supplies 1,147.

Publications 1.451

Miscellaneous : : 3,091

Travel 2,595

Depreciation 684

Legal interns 200

Foundation fundraising 38,266

Total Expenses 146,335 -

NET INCOME $(48,116)

RETAINED EARNINGS, January 1, 1974 ___ 38,685

RETAINED EARNINGS (DEFICIT), December 31, 1974 $( 9,431)

and

AMERICAN CIVIL LIBERTIES UNION FOUNDATION

OF NORTHERN CALIFORNIA, INC.

STATEMENT OF CHANGES IN FINANCIAL POSITION

YEAR ENDED DECEMBER 31, 1974

FUNDS PROVIDED:

Charges against earnings not requiring: funds:

Depreciation ; | $ 684

Decrease in investments 500

Decrease in working capital 46,932

Total funds provided $48,116

FUNDS USED:

Net Loss $48,116)

CHANGES IN WORKING CAPITAL:

Increase (decrease) in current assets:

Cash (40,072)

Accounts receivable - pledges -_( 7,800)

Net increase in current assets (47,872)

Increase (decrease) in current liabilities:

Accounts payable (15,461)

Due to ACLU of Northern California 17,162

Due to National ACLU ( 851)

Deferred income ( 1,790)

Net increase in current liabilities ( 940)

Net increase (decrease) in working capital $(46,932)

AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF

NORTHERN CALIFORNIA, INC.

NOTES TO FINANCIAL STATEMENTS

DECEMBER 31, 1974

_Note 1 - Cash $1,304

Bank of America $ 1

Golden West Savings : 500

San Francisco Federal 578

Wells Fargo Bank Savings 115

First Enterprise Bank 110

1,304

Note 2. - Investments $15,798

$2,500 U.S. Treasury Bonds 2.75% $ 2,000

$2,000 U.S.F.H.A. Bonds 8% 1,998

142 shares Pacific American Income . 2,900 =

400 shares John Hancock Income Securities 8,800 -

$15,298

Note 3 - Trust Funds $36,292 :

858 shares of Pacific American Income $15,000

Twin Pines Savings.and Loan 15,000

$6,000 Alabama Power as Mortgage 8.9% 6,292

$36,392

The corparation has committed itself to pay to a former employee de sum of

$682 per month for life and $562 to his wife for life if she survives him. The cor-

poration has set aside $30,000 not to be used for any purpose until the pension

liability is satisfied. The pension carries an annual cost of living increase of ive

percent. The liability substantially exceeds the amount set aside.

The earnings of the $6,000 Alabama Power First Mortgage must be used to

pipvice $500 toward the cost of an intern.

: Note 4 - Deferred Income $10,201

Victimless Crimes Project S 1375

Women's Rights Project 8,826

$10,201

This money was collected in 1974 and will be spent in 1975.

April 1975

aclu news

CHAPTERS

Sonoma

The Sonoma County ACLU held its |

regular meeting at the Bank of Sonoma

County at 8:00 p.m. on Thursday,

March 20, 1975. Before the meeting

officially started, the chapter board

members heard a short talk from Chief

Rossano of the Santa Rosa Police

Department. Chief Rossano, our guest |

speaker, talked informally and an-

swered many questions dealing with

victimless crimes, alternatives to in-

carceration for the criminal offender,

better police training methods, archaic

curfew laws, unenforceability of certain

laws (ie., SS MPH speed limit), etc.

Chief Rossano seemed more open-

minded and refreshingly different than

our current Sheriff of Sonoma County.

George Jackson and _ Bernie

Sugarman of the ACLU Criminal

Justice Committee visited with Judge

Murphy. Judge Murphy is heading a

Federally sponsored $200,000 study

into all aspects of criminal justice in

Sonoma County. Judge Murphy seemed

very receptive concerning the issue of

victimless crimes and finding alter-

natives to incarceration of criminal

offenders. s

Peter Rosenwald, Bernie Sugarman,

and Lee Torliatt visited the Criminal

Justice Committee of the Sonoma

County Grand Jury. Torliatt reported

that they were receptive to our

suggestions and hoped ACLU would

publicly support them if they adopted

our suggestions. Some of these

suggestions that ACLU board members

made to members of the grand jury

were: expand programs that provide an

alternative to incarceration, shift

emphasis to victim crimes, increase

counseling for prisoners, provide group

`homes for juvenile offenders, encourage

community involvement, publicize the

need for volunteers to help inmates with

personal problems.

George Jackson, Chairperson, ACLU

Criminal Justice Committee, reported

on a month of activity in assisting

people in trouble with the law. Jackson

has noticed that there exists a very

definite need in Sonoma County for a

communication network to cut across

"communication gaps' and identify

various groups that are sincerely trying

to help.

Lee Torliatt will visit the Mayor's

Youth Council and inform them of the

ACLU (Sonoma County Chapter)

position that "curfew laws" are un-

necessary and should be removed.

There are enough. laws already on the

books to protect the citizens.

Dick Blair notified board members

that at a faculty meeting at Lawrence

Cook Junior High School, Santa Rosa

City School District, March 6th, an

administrator at the school, Mrs.

Ingram, informed the teachers present

"_ , in regard to the flag salute - if it is

against a student's religion, they do not

have to salute, but they MUST stand.

Please be sure that they do."' Blair, in

confronting Mrs. Ingram, showed her a

photocopy of page 70 of the Attorney

General's booklet, Law in the School,

which states "The United States

Supreme Court has held that students

may not be compelled to salute the

American flag .. . One student refused

to stand, and the court held that his

refusal was a form of expression." In

the ensuing conversation, Mrs. Ingram

told Blair that he might be right but

"don't tell the students!" The principal,

Mr. Burgess, confiscated a ditto master

that Blair had prepared to inform the

teacher's of their rights as well as the

student's. (The ditto master was a

verbatim copy of the two paragraphs on

page 70 of the booklet, under the title

"Refusing to Salute the Flag.'')

`Lynn Young, Chairperson, wrote a

letter to the Superintendent of Schools,

Dr. Mitchell Soso, informing him about

the problem concerning flag saluting

ceremonies at Cook Junior High School

and referring him to the Attorney

General of the State of California's

booklet. .

The next meeting will be held the

third Thursday in April at the same

time and place.

Mid-Peninsula

The Mid-Peninsula Chapter (Menlo

Park through Mountain View) is

rejuvenating and defining new direc-

tions and priorities. All members are

encouraged to come to our next board-

meeting, April 24, 1975 at the All Saints

Episcopal Church, Hamilton and

Waverly, Palo Alto at 8:00 p.m.

We will be discussing chapter plans

and the following local issues/cases:

1) Do Stanford ``Public Safety Of-

ficers'"' exceed lawful authority when

they issue parking citations?

2) Does the Palo Alto anti-smoking

ordinance violate the constitutional

rights of private. persons owning

businesses?

_3) Are banks violating their clients'

right of privacy by disclosing the status

of their accounts? :

4) Can the Palo Alto Unified School

District require fingerprinting of its

employees?

5) May the Palo Alto Times lawfully

refuse to use a paid advertisement for

White Magic/Exorcism?

6) Should local government agencies

prohibit discrimination on the basis of

sexual orientation?

If you are interested in any of these -

issues - please come! Or, if you would

like to contribute in any other way -

please come! We really need a secretary

and a writer who can prepare articles

for this ACLU News. If you can help,

call 328-0732 and leave a message for

Larry Sleizer - Chapter Chairperson.

San Francisco

' Two neighborhood meetings were

held April.1 and 8. Press deadline did

not permit us to report on the results,

. we will next issue.

Two additional neighborhood

- meetings for members and friends are

scheduled. Thursday April 10, 8 P.M.,

covering zip areas 94117 and 94114, at

_ the home of Dr. and Mrs. Bruce Fisher,

172 Delmar (between Ashbury and

Masonic). Board of Directors Seymour

Farber, Bruce Johnston and Peggy

Sarasohn will participate. .

On Tuesday April 15, covering zip

areas 94109 and 94123, 8 P.M.

members and friends will have the

opportunity to meet Board members

John Hansen, David Nevins, Fran

Strauss and Lillian Kiskaddon at the

latter's home 1245 Lombard Street

(cross streets are Larkin and Polk).

Please call the chapter office 433-

2750 to advise which meeting you will

attend. Bring a friend.

To all who attended the recent fund

raising event, our thanks. It was a

success. Our special thanks to the

superb group of artists who gave their

talent and time ... the Xoregos Per-

forming Company, J.C. Burris, James

Smalley, Merl Saunders and friends,

Lenny McBrowne and William Duncan

Allen.

mittee of the Board of Supervisors have

introduced an Ordinance amending the

Police Code regulating solicitations for

charitable and other purposes. The

recommendations called for rein-

statement of permit requirements with

terms more stringent than _ those

rescinded approximately two years ago

on the grounds of unconstitutionality.

The Board of Directors with their one to

one relationship with the Board of

Supervisors wrote letters, called,

protested, as did other groups who

_ would be very much affected by this

ordinance. As of this writing, the or-

dinance was sent back to committee.

THERE'S STILL TIME to send your

$1.00 contribution to the San Francisco

Chapter, 593 Market Street, San

Francisco. Your donation ...

will. enable the Chapter to

conduct more neighborhood meetings.

.. . will enable the Chapter to publish

additional newsletters.

... Will help sustain the chapter

office.

Fresno

The 1975 recipients of the Fresno

Chapter's Civil Liberties Award were

Pauline and Lesly Kimber, publishers

_and editors of the California Advocate,

a Fresno weekly newspaper which

serves the minority community. The

award is made each year to individuals

who have made outstanding con-

tributions to the cause of civil liberties |

in the San Joaquin Valley.

The couple was presented the award

at. the Chapter's annual dinner last

month. They were credited with

"making an indelible mark on the

Fresno Community by maintaining a

constant vigil against the encroachment

of civil liberties by law enforcement

agencies and a vigorous crusade for the

rights of minorities."'

Since coming to Fresno in 1966, the

Kimbers have devoted much of their

time and energy to their newspaper in

which they have consistently en-

couraged grass roots political par-

ticipation by minorities and have

alerted them to their constitutional:

rights. The award presentation was

made by Walter Porter, a reporter for

the Fresno Bee.

Fresno Bee reporter, Walter Porter, presents the Fresno Chapter's Civil Liberties

Award to Les and Pauline Kimber [sitting].

The Fire, Safety and Police Com-

Photo by Eric Strom

Donald H. Glassrud, a volunteer

attorney for the Fresno Chapter, was

the main speaker for the evening.

Glassrud has been retained by the

Fresno Bee as counsel for one of its

reporters who is being asked by the

courts to reveal the source of portions of

a Grand Jury transcript which he

published in the newspaper. Glassrud

_ discussed civil liberty issues in the

Fresno Bee case.

Oakland

A new committee has been set up in .

Oakland to look into the civil liberties

problems of handicapped people. This

committee grew out of a presentation to

the Chapter by handicapped persons in

February. .

At the March meeting Attorney Peter

Coppelman made a presentation to the

Chapter on the suit that Huey Newton

and the Black Panther Party have filed

against the IRS. The suit charges the

IRS working in conjunction with other

government agencies with an intensive

illegal investigation into the Party

supposedly for tax purposes. Attorney

Coppleman suggests that this in-~

vestigation of the Black Panthers is an

example of elements within the federal

government who are intent .on

harrassing, disupting and discrediting

domestic minority and civil rights

organizations.

The jail and privacy committees are

meeting on the 2nd Wednesday and the

1st Thursday of the month respectively

at 5510 College Ave. in Oakland.

Anyone interested is welcome to come.

The Nominating Committee has been

established and they are actively

seeking new Board Members. Anyone

interested in becoming active with the

Chapter may call 547-1267.

The next general meeting will be

April 16th and will hear about the civil

rights of Juveniles from a representative

from the Link. The speakers will begin

at 7:30 pm with the business meeting to -

follow. The General Meeting of the

Oakland Chapter is held at the

Sumitomo Bank in downtown Oakland

at 20th and Franklin in the mezzanine.

All are encouraged to come.

Marin

The Marin Chapter of the ACLU will

be. holding their annual meeting on

Sunday, May 18th at a location to be

announced later. Paul Havonik,

_ Governor Brown's Legislative Re-

presentative, and former ACLU-NC

General Counsel, will be the main

speaker.We hope everyone can attend.