vol. 47, no. 4
Primary tabs
Volume XLVII
Bilingual Ballot Probe Blastec (c)*
"The U.S. Attorney's investigation of
bilingual ballot seekers is blatantly
discriminatory on. racial and ethnic
grounds and has a serious chilling effect .
on persons who wish to exercise one of
our precious democratic rights - the
right to vote."
_ This statement from ACLU-NC Ex-
ecutive Director came in response to
U.S. Attorney Joseph Russoniello's in-
vestigation of people who request bil-
ingual voting materials in nine counties
in northern California.
The bilingual ballot probe became
public when an Oakland Tribune
reporter revealed that Russoniello had
sent a letter on April 19 to district at-
torneys in nine counties in his jurisdic-
tion which provide bilingual voting
materials - San Francisco, Contra
Costa, Alameda, Santa Cruz,
Monterey, San Mateo, Napa, Sonoma
and Santa Clara - asking them to
compile the names of all persons re-
questing bilingual voting information.
Twenty-five names selected at ran-
dom from the list were.to be submitted
to the U.S. Attorney who would then
check them against the records of the
Immigration and Naturalization Ser-
vice to determine whether or not those
persons were eligible to vote.
Russoniello warned the district at-
torneys not to make any statement to
the press about the investigation
"because of the sensitivity of this mat-
tere"
Upon learning of the investigation,
Ehrlich and ACLU-NC staff counsel
Alan Schlosser sent a letter to Rus-
soniello to "protest against the covert
investigation" and to `"`cease im-
mediately your program of review and
investigation of persons using bilingual
election materials."
"There is a long and dishonorable
history in our country of scapegoating
the foreign born and racial minorities,"
the ACLU letter stated. ""To commence
such an effort with a clandestine fishing
expedition targeted against an entire (c)
class is to ignore the constitutionally-
mandated principle that fundamental
rights such as voting must be regulated
only by the least drastic and intrusive
means.
"Last week, a similar group of per-
sons was targeted by another federal
agency in the "Operation Jobs' cam-
paign. The workplace raids and deten-
tions by INS personnel spread a great
deal of fear and panic among foreign
born and non-English speaking per-
sons. It is hard to believe that it is just a
coincidence that another federal agency
is immediately following that campaign
with an analogous sweeping raid on the
ballot box which again casts a net of
suspicion and surveillance over the
same segment of our population,"
Ehrlich and Schlosser wrote.
The ACLU was joined in protesting
the investigation by many community
and civil rights groups including
MALDEF, Chinese for Affirmative Ac-
tion, the Asian Law Caucus, and the
Police Drop Libel Suit
Against Gay Paper
Police officers who claimed they were
libeled by a San Francisco gay com-
munity newspaper, the Bay Area
Reporter (BAR), have suddenly drop-
ped their $20 million dollar libel suit
against the paper.
The ACLU was defending the BAR
against the multimillion dollar libel suit
filed by two police officers in October,
1981. Two San Francisco police of-
ficers, backed by the Police Officers
Association, claimed that they had been
libeled in a BAR aarticle entitled,
"SFPD Brutality Aired, Toklas Club
Envisions Review Board to Curb Rising
Aggressiveness Against Gays' which
appeared in the May 21, 1981 issue.
San Francisco Superior Court Judge
Ira Brown had twice granted the
ACLU's motions to dismiss the case on
grounds that the police officers had fail-
ed to state facts entitling them to
damages. Both times the court had
allowed the police officers time to
amend their complaint against the
paper. After Judge Brown granted the
second motion on April 16, the police
officers decided to drop their suit.
According to ACLU-NC staff counsel
Amitai Schwartz, `"`We said when the
case was first filed that it was an at-
tempt to intimidate the people of San
Francisco from speaking out against
police brutality.
"We can now confirm that this police
libel suit was a case of harassment plain
and simple against the Bay Area
Reporter. At first the police claimed
they were injured to the tune of $20
million because of a newspaper article
- and now they just drop the case. Ap-
_ parently they got all the mileage they
could out of their $20 million price tag
last fall and once their allegations were
put to a legal test they walked away
from the case.""
A second police libel suit, Falzon v.
Schell, was also dropped by the police,
even before it went to court.
In this case, San Francisco Police In-
spector Frank Falzon was suing Randy
continued on p. 4
Hispanic Coalition for Human Rights.
On May 7, the ACLU-NC and
MALDEF filed a lawsuit (Olagues v.
Russoniello) in U.S. District Court
seeking to halt the U.S. Attorney's
probe. The class action suit on behalf of
persons who request bilingual ballot
materials and_ those
which register Spanish and Chinese
speaking voters argues that the in-
vestigation unconstitutionally focuses
ry (Check one) {[-#}/- Yj
| prefer election materials
in - REEL...
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on `particular racial and ethnic groups
and.casts a chill and a stigma over those
seeking to exercise their right to vote.
, On May 13, U.S. District Court
Judge Spencer Williams denied the
ACLU request for.
Restraining Order, asserting that he
felt it improper for the court to inferfere
with the U.S. Attorney's investigative
process.
Attorney Schlosser said, "I find it
disappointing that the court did not
agree that there is a chilling effect right
now on Chinese and Spanish speaking
-voters to exercise their First Amend-
ment rights."'
The U.S. Attorney moved to dismiss
the case; a hearing on that motion has
been set for May 21.
Legislative Hearings
Also on May 21, in response to
widespread public protest, the Califor-
nia Assembly Elections and Reappor-
tionment Committee will hold hearings
on the ballot probe.
Committee Chair Richard Alatorre
said, "I think it is important that the
many persons who have been denied an
opportunity to meet with the U.S. At-
torney to air their grievances be able to
do so in order for us to determine if
legislation is neded to insure that per-
sons are not.deterred from requesting
the bilingual materials to which they
are entitled under the Voting Rights
Act.
Although this is the only geographic
area in which such an investigation is
being carried out, the ACLU and other
groups have called on U.S. Represen-
tatives Don Edwards, Chair of the
House Subcommittee on Civil and Con-
stitutional Rights to hold hearings on
this matter at a Congressional level.
"We know that as a staunch advocate
for civil liberties in Congress, you
recognize the clear danger this in-
continued on p. 3
organizations (c)
a Temporary -
| INS Rass |
`Racist'
The massive raids staged by the Im-
migration and Naturalization Service
(INS) on workplaces throughout the
country during the last week of April
brought a strong protest from the
ACLU-NC and the national ACLU.
"The ACLU believes that the Ad-
ministration is playing havoc with
peoples' rights to score a public rela-
tions victory,' wrote ACLU national ex-
ecutive director Ira Glasser in a letter to
President Reagan, Attorney General
William French Smith and INS Com-
missioner- Alan C. Nelson. "It is
scapegoating undocumented workers in
an effort to shift the blame for the Ad-
ministration's dismal failure to cope
with increasing unemployment."
The ACLU letter noted that serious
civil liberties violations occurred in the
course of the raids including:.
e agents reportedly apprehending
only. "`foreign-looking'' workers, which
the letter describes as "`discrimination
pure and simple, not the even-handed
application of the law required by the
Constitution's equal protection
guarantee.'' Hispanic workers seemed
to be the sole targets.
cent the raids were designed and carried
out to terrify the suspects. Teams of up
to 20 agents jumped out of cars, charg-
ed into factories, sealed off exits and
lined up all "foreign looking"' people.
0x00B0 Mexican workers in particular were
pressured into waiving their rights to
counsel and coerced into agreeing to
immediate deportation.
neighborhoods inhabited by the foreign
born.
Glasser added, "`It is no coincidence ~
that `Project Jobs' was staged while con-
gressional hearings on the Simpson-
Mazzoli, bill are in progress. The cur-
rent raids are apparently designed to
garner public support for the employer
sanction section of this ill-advised
legislation which the ACLU is on record
as-opposing. "
The INS raids were carried out in
nine areas - San Francisco Bay Area,
Chicago, Dallas, Houston, Los
Angeles, Detroit, Denver, New York
and New Jersey. In northern California
over 500 persons were seized by the INS
in workplaces in Oakland, Santa Rosa,
and Petaluma.
The ACLU-NC has been working
with other legal and minority rights .
groups to monitor the civil liberties
violations and is considering litigation
on behalf of persons who were seized in
the raids.
aclu news
may 1982
Landmark Death Penalty Case Argued
In an attempt to stop the first state
execution in California in 15 years, the
ACLU-NC has filed an amicus brief on
behalf of condemned inmate Robert
Alton Harris in the U.S. Court of Ap-
peals for the Ninth Circuit. The hearing
was held on May 11.
Harris was scheduled to be executed
in the gas chamber at San Quentin on
March 16. Four days before the death
sentence was to be carried out, the
Court of Appeals stayed his execution
to permit Harris to appeal his sentence
to that court.
A joint friend of the court bie by the
ACLU-NC and the California State
Public Defender's Office is supporting
Harris' appeal prepared. by San Diego
`"`The ACLU believes
that
sentenced is unconstitutional. Although
three justices of the California Supreme
Court agreed with that argument, the
majority of that court voted to uphold
the statute. No federal court has ever
reviewed the California death penalty
statute, so the Harris case has become
the test case for the constitutionality of
the law.
"For the past ten years, the U.S.
Supreme Court has insisted that the
death penalty must be imposed fairly
and evenhandedly or not at all," ex-
plained Deputy State Public Defender
Michael Millman. "`The Harris appeal
-argues that unlike every other state,
California lacks the procedural protec-
tions necessary to ensure that there is a
capital punishment
epitomizes all that is brutal, unthinking, vicious and
degrading in the administration of justice."'
attorney Michael McCabe.
ACLU Executive Director Dorothy
Ehrlich explained, "`The failure of the
courts and the legislature to recognize
the inherent unfairness of the death
penalty has led us through nearly a
decade of tortured wrestling with the
impossible goal of establishing fair
rules for legalized murder.
`The ACLU opposes capital punish-
ment. The ACLU opposes - state-
sanctioned programs that deny the
value of human life by intentionally
choosing to put some people to death.
The ACLU believes that capital punish-
_ ment epitomizes all that is brutal, un-
thinking, vicious, and degrading in the
administration of justice," Ehrlich add-
ed.
death penalty law under which he was
Ce ee ee ee ee
ACLU-NC Ballot Card :
The ACLU-NC Board has taken a position on three of the initiatives on
Harris' appeal asserts that the 1977
meaningful basis for distinguishing the
few cases in which the death penalty is
imposed, from the many where it is
not
Millman explained that in other
states several procedural protections
have been adopted in death penalty
cases. These include a requirement of
jury unanimity on the basis for the
death penalty, clear objective standards
to guide the jury in their penalty deci-
sion, and some statewide appellate
review mechanism to ensure that the
death penalty is not being arbitrarily or
capriciously applied.
The California death penalty statute,
which includes none of these procedural
protections, is not significantly dif-
ferent from the laws held unconstitu-
tional by the U.S. Supreme Court in
1972.
2 a os a os oy
the June ballot. The ACLU-NC urges you to vote NO on Proposition 1, 4 8
g and 8. All three of these measures would erode the hard-won constitu- 0x00A7
tional rights of the people of this state - and would do nothing to stop #@
crime. - ;
Proposition 1
The Prison Construction Bond would cost at least $1.1 billion to build g
more prisons. New prisons would have no impact on current over- 0x00A7
crowding. California is already locking up more people everyday without 0x00A7
affecting the crime rate. The prison population jumped from 21,000 fo
29, 000 i in the last-three years while the crime rate didn't fall.
Proposition 4 NO
Xx]
= SS se aE
This proposed constitutional amendment would bring preventive i
detention to California, and deny persons merely accused of acrime the g
right to bail on the grounds that they may be a threat to public safety. This g
measure would do away with the presumption that a person is innocent 0x00A7
until proven guilty.
Proposition 8 -
4
This panoply of measures touted as the ``Victims Bill of Rights'' would
amend the state Constitution, Penal Code and Welfare and Institutions
Code in a way that would play havoc with our fundamental rights. The g
measure would open the door for illegal searches, allow for ``preventive i
dentention'' of innocent persons, undrmine the right to a fair trial,
remove legitimate grounds for defense, and hold out false hopes of 4
restitution for crime victims. .
NO
x]
ee ee ee ee
Take this card with you to the polls!
For more information on these ballot issues, call the ACLU-NC at
415/621-2488.
NO BE
"Given these apparent flaws, it 1s
_ most distressing :that the district court
allowed Harris to come within four days
of an execution without any federal
review of the law under which he was
sentenced,'' Millman added.
_ The joint amicus brief was prepared
by Charles Sevilla, Ezra Hendon, Eric
Multhaup and Millman of the State
Public Defender's Office and Amitai
Schwartz, ACLU-NC staff counsel. The
brief supports Harris' request for the
appellate court to send the case back to
the U.S. District Court in San Diego for
an evidentiary hearing with the ultimate
objective of having Harris' death penal-
ty set aside.
Harris was sentenced to death by the
San Diego County Superior Court in
March 1979. In February 1981, his
death sentence was upheld by the
California Supreme Court. Since then
he has sought review of his conviction in
various state and federal courts. Two
previous execution dates have been
stayed to permit Harris to seek review.
When the state courts denied his
habeus corpus petition, he filed a
habeus petition in the U.S. District
Court for the Southern District of
California. It was the denial of that
petition by Judge William Enright on
March 12, 1982, that set the stage for
Harris' appeal to the Ninth Circuit.
Justice Dies
The ACLU-NC mourns the passing
of California Supreme Court Justice
Mathew O. Tobriner who died on April
7. Justice Tobriner wrote some of the
major high court opinions defending in-
dividual rights over the last two
decades, including the ACLU-NC case
CDRR v. Myers upholding the right of
every woman in the state to have an
abortion regardless of economic status.
There will be a tribute to Justice
Tobriner in the next issue of the ACLU
News by ACLU-NC Vice-chairperson
Jerome B. Falk, Jr.
New Members, Treasurer on Board
In March, the ACLU-NC Board of
Directors selected William McNeil and
Steven Owyang to serve on the Board.
Owyang, an attorney with the state Fair
Employment and Housing Commission
told the ACLU News, "I am particular-
ly concerned with church/state issues."
An expert in the field of employment
discrimination, Owyang also hopes to
""do some bridge-building between the
ACLU and the Asian community."'
Attorney William McNeil is a
Regional Counsel for California Rural
Legal Assistance. McNeil said, `I want
to help bring the minority viewpoint to
the ACLU-NC Board and to ensure that
the concerns of minorities are address-
ed.
The two new Board members fill the
vacancies created by the resignation of
Antonia Radillo and Michael Vader
and will each serve a three-year term.
New Acting Treasurer
At its April meeting, the Board of
Directors selected Lisa Honig as the
new Acting Treasurer due to the
resignation of Treasurer Alvin H.
Baum, Jr., who has served as the
organization's treasurer for over five
years.
The Board passed a special resolu-
tion for Baum, who is leaving the
ACLU-NC for an extended stay in
Paris, France, thanking him for his ex-
traordinary contributions to the finan-
cial health of the organization. Calling
Baum the "creme de la creme," the
Board particularly noted his foresight
in establishing an endowment fund to
protect the future of civil liberties and
cited him as "a leading force in the
establishment of our Major Gifts Cam-
paign, assuring its extraordinary suc-
cess through his personal generosity
and by uncovering that same generosity
in others."
Honig, who will be taking over the
financial reins as Acting Treasurer, has
been on the ACLU-NC Board since
1980. and has served on the
Budget/Management and Equality
Committees. As Development Director
for Equal Rights Advocates and a fun-
draising and concert, consultant for
many Bay Area organizations, Honig
brings a wealth of experience and ex-
pertise to the post.
Asked how she felt about succeeding
Baum, Honig said, "I look forward to
the challenge and I feel confident know-
ing the high quality of financial work
done by the ACLU-NC staff.
"Besides," she added,
anything to get to Paris!"'
Under Honig's guidance, the ACLU-
NC is about to launch the 1982 Major
Gifts Campaign and is beginning to.
make plans for the annual Bill of Rights
Day Campaign.
"TIL do
aclu news
8 issues a year, monthly except bi-monthly in January-February, June-July,
August-September and November-December
Second Class Mail privileges authorized at San Francisco, California
Published by the American Civil Liberties Union of Northern California
Davis Riemer, Chairperson Dorothy Ehrlich, Executive Director (2).
Marcia Gallo, Chapter Page ig
ACLU NEWS (USPS 018- 040)
1663 Mission St., 4th floor, San Francisco, California 94103. (415) 621-2488
`Membership $20 and up, of which 50 cents is for a subscription to the aclu news
and S0 cents is for the national ACLU-bi- pay pee Civil Liberties.
Elaine Elinson, Editor
Suits Clear Mall Paths for Protestors
by Kathy Cramer
The ACLU-NC Shopping Center Pro-
ject scored three major victories this
month, insuring access for political
campaigners at shopping malls in Con-
tra Costa, Sonoma and Santa Clara
counties. Martin Fassler, attorney for
' the Shopping Center Project told the
ACLU News that the Sonoma County
Nuclear Weapons Freeze Campaign,
the California Water Protection Coun-
cil, NOW and the Contra Costa Coali-
- tion Against U.S. Intervention in El .
Salvador can now solicit signatures and
donations at Santa Rosa Plaza, Vallco
Fashion Plaza (Cupertino) and Sun-
valley Shopping Center (Concord)
respectively because of ACLU lawsuits.
Fassler, who has been working with
the Project since January, said, `The
courts have consistently ruled in our
favor, striking down regulations which
place burdensome restrictions on
groups seeking access to these malls."'
`He explained that although many
shopping centers have similar regula-
tions, each mall must be challenged in-
dividually.
pers at Vallco Shopping Center in
Cupertino. ACLU-NC cooperating at-
torney Robert Peterson said, ``The rul-
ing opens the doors to one of the biggest
shopping centers in the area. The
Council averages 300 signatures a day
when they campaign at Vallco."'
Santa Clara Superior Court Judge
Edward Panelli set another hearing in
the case for May 5 to hear further
arguments on Vallco's regulation re-
quiring the group to post a $50,000 in-
surance policy. :
In Contra Costa County, Sunvalley
Shopping Center's restrictions on
soliciting money were struck down as a
result of a suit filed on behalf of the
local chapters of NOW and the Coali-
tion Against U.S. Intervention in El
Salvador. Sunvalley had earlier agreed
to let both groups gather signatures in-
side the mall, but insisted that money
be collected only outside one entrance.
On April 8, Judge Robert Cooney
issued a preliminary injunction ruling
that this restriction violated the groups'
rights. Cooperating attorney Guyla
Ponomareff said, "`We were very
satisfied with the decision.
Campaigners for the Nuclear Freeze ballot initiative won ate Flt to approach
shoppers with their message at Santa Rosa Plaza because of an ACLU lawsuit
against the shopping center's restrictive regulations.
"The shopping centers' efforts to
restrict access are an attack on popular
democratic activity here in California,"
Fassler said. Examples of restrictive (c)
regulations include requiring the name
and address of every group' member -
who will be leafletting, not allowing the
solicitation of donations, and
stipulating that petitioners must stay
within three feet of their table. Fassler
noted that each of the three recent vic-
tories presented slightly different issues
to be resolved by the courts.
On April 15, Sonoma County
Superior Court Judge William Boone
issued a preliminary injunction pro-
hibiting Santa Rosa Plaza from
stipulating that petitioners for the
Sonoma County Nuclear Weapons
Freeze Campaign had to remain at their
~ table and not approach mall patrons.
ACLU-NC cooperating
Marylou Hillberg, who represented the
Freeze Campaign, said, ``Such restric-
tions severely limit the ability of cam-
paigners to communicate effectively
with shoppers. Without that com-
munication, free speech rights become
meaningless."'
On April 27, the California Water
Protection Council won a decision from
Santa Clara Superior Court allowing
Council campaigners to approach shop-
attorney
groups depend to a large extent on-
donations they solicit while gathering
signatures."'
Commenting on the overall success of
the Shopping Center Project, attorney
Fassler said, "`While these victories are
very important, we are still getting calls
from groups who are faced with these
restrictions at different shopping
centers. For example, I recently receiv-
ed a call from the Gray Panthers who
were barred from registering voters at
Florin Mall in Sacramento."
In response to this continuing de-
mand, Fassler indicated that he is
preparing a special packet to aid other
lawyers in filing similar suits. A pam-
phlet will also be made available to peti-
tioners alerting them to unconstitu-
tional restrictions they may potentially
face at shopping malls.
Staff counsel Alan Schlosser added,
"Shopping center owners must be con-
vinced by litigation or negotiation that
their regulations have to be consistent
with free speech principles. Hopefully
our continual success in court will con-
vince them to change their regulations
voluntarily. We have been involved in
discussions with some centers which we
hope will end in reasonable rules and
serve as an example to other mall
owners.'
and
These
| _ originated on May 16,
aclu news
may 1982
Anti-Choice Clinic Invaders
Convicted
Anti-abortion pickets who invaded
the Planned Parenthood clinic in:
Walnut Creek, were convicted of
trespass and battery after their attempt
to use. the "necessity defense' was
thwarted by the ACLU-NC. `
ACLU-NC staff counsel Meegaret
Crosby argued in Contra Costa
Municipal Court on May 4 that the
anti-choice defendants' claim that they
were compelled to invade the clinic in
order to prevent abortions from taking
place was totally groundless and that
evidence supporting their argument
that abortion is murder should be inad- (c)
missable.
Superior Court Judge Joseph
Longacre agreed with ACLU arguments
that abortion, under federal and state
law, is not murder but a constitutional-
ly protected right and that evidence for
the necessity defense should not be per-
mitted.
Unjustified Invasion
The case, People v.. Gomez,
1981 when
pickets from an anti-abortion group in-
vaded the Planned Parenthood clinic,
totally disrupting the operations of the
clinic and assaulting several clinic
employees.
According to Crosby, who, with
ACLU-NC cooperating attorney Ellen
Lake handled the case for the ACLU
and Planned Parenthood, ""The defen-
dants attempted to claim that their ac-
tions were justified because all abor-
tions constitute murder.
The necessity defense is a legal device
used when defendants can prove that
they acted in an emergency to prevent
- injury to a person and that they had no
opportunity to resort to the courts. In
California, it has been accepted by the
courts only in cases of prison escape,
when the prisoner has been able to suc:
cessfully. prove that he or she was in im-
minent danger of assault.
Crosby explained, "These defendants
were faced neither with any emergency
nor with a threat of harm to any person.
They had ample opportunity to bring
the suit in court to test any claimed il-
legality occurring at the clinic. They
deliberately bypassed that lawful route,
preferring to pursue disruptive tactics
that interferred with the constitutional
rights of others.
"Abortion is not only not a greater
evil than trespass or battery, it is a con-
stitutionally protected right. To permit
the defendants to justify their intrusion
of the clinic because they believe abor-
tion is murder would be to allow the
beliefs of these defendants to overrule
the highest courts of this country and
state," Crosby added.
The jury trial of the anti- ehoies
demonstrators followed immediately
after Judge Longacre granted the
ACLU motion to eliminate the use of
the necessity defense, the defendant's
main strategy for acquittal.
On May 7, all eight defendants were
convicted of two counts of criminal
trespass and one of them, Raul Gomez,
was also convicted of three counts of
battery.
Earlier in the case, an attenint by the
defendants to subpoena confidential in-
formation about the Planned Paren-
thood clinic's patients and contributors
was also thwarted by the ACLU.
In September 1981, the lawyer for the
anti-choice group, claiming he needed
material for the defense, served a sub-
poena on Planned Parenthood of Con-
tra Costa demanding books, records
and documents showing, among other
-things, the names, addresses, phone
numbers and treatment given to clinic
patients over a two-week period in May,
as well as Planned Parenthood's sources
of income and funds during that same
period.
Cooperating attorney Ellen Lake
argued that the defendants had shown
no compelling interest in obtaining the
names of patients and donors and to
reveal them would violate federal and
state constitutional Hents of privacy
and association.
In November, Judge Longacre ruled
in favor of the ACLU and quashed the
objectionable sections of the subpoena.
Bilingual Ballots
continued from p. 1
vestigation presents to the Chinese and
Hispanic communities in northern
California,"' Ehrlich wrote to Edwards.
The ACLU is also working with other
groups to persuade District Attorneys
in the nine counties not to comply with
providing the names or with pursuing
prosecution. The DA of Contra Costa
County has already refused to provide
the names and San Francisco DA Arlo
Smith has indicated that he will not
cooperate further with the SEITE
tion. ..
It was also learned that Secretary of
State March Fong Eu, Chief Elections
Officer in California, wrote to Rus-
soniello that ``Your investigation has
the obvious and reasonably certain ef-
fect of discouraging naturalized citizens
from registering to vote for fear of trig-
gering a federal investigation which
could prove to be an embarrassment
and an invasion of privacy. Such a con-
cern is not unfounded,'' Eu added,
"given the notorious unreliability -of
INS data."
Many other local, state, and national
. Officials have also protested the bil-
ingual ballot probe. . Congressman
- Philip Burton called the probe a ``thinly
disguised attempt to intimidate
thousands of our fellow American .
voters."" Assemblyman Art Agnos said,
"Combined with the recent federal im-
migration raids on undocumented
workers, your decision brought bitter
memories of racism and repression to
most ethnic minorities in San Fran-
cisco."'
X
U.S. Congressman Peter Rodino, |
Chair of the House Committee on the
Judiciary wrote to Attorney General
William French Smith asking him to
look into the northern California in-
vestigation, adding that "checking
names at random and secretly is chill-
ing to the electoral process."
Protests also came from Speaker of
the Assembly Willie Brown, Oakland
City Council, the Marin Board of
Supervisors, the San Francisco Board
of Supervisors, Mayor Dianne Feinstein
and others. Amanda Metcalf, assistant
U.S. attorney in charge of enforcing
voting rights laws in northern Califor-
nia said ``the investigation is
diametrically opposed to the spirit and
intent of the Voting Rights Act," and
resigned her post.
aclu news
may 1982
Does Your Representative Represent You?
Do you know how your elected of-
ficials voted on major civil liberties
issues this year? You can now get a
comprehensive run-down on northern
California legislators' voting records on
reproductive rights and ``national
security'' issues compiled by the Pro-
Choice Task Force and the Right to
Dissent Subcommittee.
The votes of 67 elected officials from
northern California. on 14 abortion-
related = bills in the: California
Legislature and in Congress are record-
ed.
On the "national security' side, re-
cent votes on the Intelligence Identities
Act and inforrmation about the pro-
posal to establish a new Internal Securi-
ty Committee in the House of Represen-
tatives are included. The latter
measure, H. Resolution 48, was
brought to the House by Representative
Larry McDonald of Georgia and has
' 158 co-sponsors.
The voting records were designed and
. produced by Task Force member Karen
Winner with assistance from Rose
Bonhag, and and can be ordered from
Field Representative Marcia Gallo at
the ACLU-NC, (415) 621-2494.
Election Info
"ACLU's organizing committees
have mounted a concerted campaign to
. BeAek
BOARD MEETING: (Fourth
Thursday each month.) Thursday,
May 27: Thursday, June 24; 8:00
p.m. in Berkeley. Contact Joe Dorst,
415/654-4163.
EARL WARREN
BOARD MEETING: (Third
Wednesday each month.) Wednes-
day, June 16, 7:30 p.m., Sumitomo
Bank, 20th and Franklin, Oakland.
Contact Barbara Littwin, 415/452-
4726.
FRESNO
Interested in reactivating the Fresno
Chapter? Contact Mindy Clark,
209/486-7735.
GAY RIGHTS
SPECIAL PICNIC and Meeting now
being planned for May 23. Contact
Bill Ingersoll, 415/348-8342, for
more information. :
MARIN ~
ANNUAL MEETING planned for
June, with special guest speaker.
Contact Bill Luft, 415/453-6546, for
details.
BOARD MEETING: (Third Mon-
8:00 p.m.. Fidelity Savings,
Throckmorton Street, Mill Valley.
Contact Bill Luft, (number above).
MID PEN
BOARD MEETING: (Fourth
Thursday of each month.) Thursday,
May 27; Thursday, June 24; 8:00
p.m. All Saints Episcopal Church,
day each month.) Monday, June 21; ~
distribute voting record information
Night, and encourage discussion of
reproductive rights and freedom of ex-
pression," said Pro-Choice Task Force
chair Anne Jennings. Dissent Subcom-
mittee chair J. R. Rubin added, "`Get-
ting information out on these issues
during this year's election campaigns is
critical."
Both activist committees are joining
with other local groups throughout nor-
thern California to sponsor public
meetings and query candidates on their
views.
In Davis, Julius Young and Yolo
Citizens for Choice developed and mail-
ed questionnaires on_ reproductive
rights to candidates for local, state, and
congressional seats. Regional coalitions
throughout northern California are now
planning similar efforts.
"Our efforts focus specifically on
reproductive rights and `national
security' measures because we must be
sure that these issues are among those
debated and discussed during the heat
of the 1982 election campaigns," said
`Peter Hagberg. chair of the Field Com-
mittee.
All ACLU members and friends are
urged to contact Marcia Gallo at the
ACLU-NC or your local chapter to
learn more about regional electoral ac-
tivities.
jenna LAC ar
S55 Waverly Street, Palo Alto.
Contact Harry Anisgard, 415/856-
9186.
MONTEREY
BOARD MEETING: (Fourth Tues-
day each month.) Tuesday, May 25;
Tuesday, June 22; 7:30 p.m.
Monterey Public Library. Contact
Richard Criley, 408/624-7562.
MT. DIABLO
BOARD MEETING: (Third Thurs-
day each month.) Thursday, June
17. Contact 415/939-ACLU.
NORTH PEN
BOARD MEETING: (Third Tues-
day each month.) Tuesday, June 15,
8:00 p.m. Contact Richard Keyes, .
415/367-8800.
SACRAMENTO
BOARD MEETING: (Third
Wednesday each month.) Wednes-
day, June 16; 7:30 p.m. New County
_ Administration Building, 7th and I
Streets, Hearing Room 1, Sacramen-
to. Contact Cliff Anderson, 916/451-
5025. ,
SAN FRANCISCO
ANNUAL MEETING: Sunday, June
6, 1:30-4 p.m. "FEELING SAFE. .
.?" will feature Dr. Dan Posin,
_ professor of Physical Science, San
Francisco State University, on `"The
Nuclear Threat to World Survival'
and Dr. Ralph Goldman, Professor
of Political Science, on ``New Ap-
proaches to Arms Control: Building
STOP THE HATCH "HUMAN LIFE"
AMENDMENT (HLA)
ALL ANTI-ABORTION BILLS
RALLY
at
U.N. PLAZA
_ San Francisco
(at Civic Center-BART station, north
side of Market Street, between
Hyde and Leavenworth Streets)
-4:00-7:00 PM -
First day of Senate floor debate
on the Anti-abortion bills
Call 415/552-2000 for exact date
Show your support-wear a light blue lapel ribbon
Police Libel continued from p. 1
Schell for $14 million because of an ar-
ticle that Schell published in the July,
1981 Bay Area Reporter alleging in-
adequate police investigation of the
murder of a gay man.
Falzon filed a libel suit in San Fran-
cisco Superior Court claiming that he
was "injured in his occupation because
it reflects negatively on his ability as a
homicide inspector.'' The ACLU laun-
ched a legal defense on behalf of Schell
in January 1982.
Institutions for Security in a World
of Conflict.'' Also, Fran and Charlie,
the Nuclear Comedy Team. A wine
- and cheese reception will follow the
program; election of chapter board
members will precede the program.
Unitarian Center, Franklin and
Geary Streets, San Francisco. Call
Marcia Gallo, ACLU-NC, 415/621-
2493, or Lorraine Honig, 415/664-
3395, to reserve your seats now, or
write to San Francisco Chapter An- -
nual Meeting, c/o ACLU-NC, 1663
Mission Street, San Francisco
94103.
BOARD MEETING: (Last Tuesday
each month.) Tuesday, May 25;
Tuesday, June 29; 6:30 p.m. Contact
Richard Weinstein, 415/771-8932.
SANTA CLARA
ANNUAL MEMBERSHIP
MEETING: Friday, June 4, 7:30
p.m. San `Jose City Collese
Auditorium. GUEST SPEAKER:
ANN FAGAN GINGER; topic,
"New Threats to Civil Liberties.''
Election of new members of: the
Board will also take place. Contact
Jane Miller, 415/327-5400, for more
information.
SANTA CRUZ
BOARD MEETING: (Second
Wednesday each month.) Wednes-
day, June 9; 7:30 p.m. Louden
Nelson Center, Santa Cruz. Contact
Bob Taren , 408/429-9880. .
SONOMA
BOARD MEETING: (Third Thurs-
day each month.) Thursday, June
17; 7:30 p.m. Center for Employ-
ment Training, 3753 Santa Rosa
Avenue, Santa Rosa. Contact An-
drea Learned, 707/544-0876.
Schwartz commented, ``There has
been a definite increase in the number
`of libel and slander lawsuits recently fil-
ed in connection with statements made
in the political process. In the past year
the ACLU has fought libel suits on
behalf of newspapers, reporters, en-
vironmental groups and political cam-
paigners.
"Fortunately the courts remain sen-
sitive to the First Amendment rights at
stake and like the two suits against the
BAR and Randy Schell - they can be
quickly put to rest,' he added.
STOCKTON
ELECTION RESULTS:
Congratulations to new chapter
president Bart Harloe, vice-
president Eric Ratner, secretary
Mary Lynn Young, and treasurer
James Riddles.
BOARD MEETING: (Usually the
first Tuesday each month.) Tuesday,
June 1; contact Bart Harloe,
209/946-2431.
YOLO
BOARD MEETING: (Third Thurs-
day each month.) Thursday, June
20; 7:30 p.m. Contact Julius Young,
916/758-5666.
DEBATE: Victims' Bill of Rights or
Civil Liberties Nightmare? Wednes-
day, May 26, 7:30 p.m. Veterans
Memorial Center, Davis. Special
Guest: Rick Gilbert, Yolo County
District Attorney. Contact Julius
Young, 916/444-2624.
Pro-Choice Task
Force
WRITERS' CRAMP PARTY AND
-POTLUCK: Come ready to write
those pro-choice letters to your
legislators and enjoy wonderful food
and company. Thursday, June 17, 7
p.m. at the ACLU-NC. Contact Bill
Ingersoll, 415/348-8342.
Right to Dissent
Subcommittee
SPEAKERS TRAINING SESSION:
The Right to Dissent Subcommittee
will sponsor a speakers training ses-
sion on "national security' and
freedom of expression issues. Satur-
day, June 12 from 10 a.m. to 2 p.m.
at the ACLU-NC office. Contact
Jake Rubin, 707/526-3800.