vol. 52, no. 7

aclu news

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Volume LI

October-November 1987

No. 7

Peace Navy

- Beats Ban on Protest

The Bay Area Peace Navy was highly visible to spectators during the U.S. Navy's Fleet

Week procession in San Francisco Bay on October 10, thanks to a successful ACLU-NC

challenge to the Navy's proposed ban on the peace protest.

he Bay Area Peace Navy sailed into

: San. Francisco Bay during Fleet

Week on October 10, carrying anti-

war banners and a court order stating that

the U.S. Navy's proposed restrictions on the

peace activists were unconstitutional.

Had the U.S. Navy had its `way, the peace

boats would have had to stay outside of a 75

yard "security zone," and their message

would have been both invisible and inaudi-

ble to spectators on Aquatic Pier.

Government officials claimed that the

security zone was necessary because digni-

taries on the reviewing stand would face an

increased risk of "potential attack by Middle

Eastern terrorists."

In response to an ACLU-NC suit on

behalf on the Peace Navy, U.S. District

Court Judge Alfonso Zirpoli issued an order

on October 8 allowing the peace boats to sail

: Tenants Can Post Mayoral

Campaign Signs

1 at the Parkmerced apartment

complex in San Francisco won the right

to put mayoral campaign signs in the win-

dows of their homes after the ACLU-NC

filed a class action lawsuit in San Francisco

Superior Court on October 14 charging that.

the landlord's prohibition on posting win-

dow campaign signs was _ illegal

unconstitutional. :

The court issued a Temporary Restrain-

ing Order (TRO) allowing the tenants to

post signs prior to the November 3 election,

and set a hearing for a preliminary injunc-

tion on October 30.

The suit was filed on behalf of Nadine

Safadi, a tenant at the Parkmerced Residen-

tial Community and a volunteer in the Art

Agnos for Mayor Campaign, who was

refused permission to put a campaign sign in

the front window of her-apartment. Safadi is

represented by ACLU-NC_ cooperating

attorneys Steven Mayer and Helane Morri-

-son of the law firm of Howard, Rice, Neme-

and

rovski, Canady, Robertson and Falk, and

ACLU-NC staff attorney Alan Schlosser.

Influence voters

"Posting a sign is an important part of the

way | want to campaign for Art Agnos,"

Safadi said at a press conference at the

ACLU-NC office. "I want people to know ~

that I support Art Agnos so they will be

influenced by my support and also want to

vote for him. I think the sign will influence

people who are undecided and who need the

impetus of seeing other people in their com-

munity express their view that Agnos is a

good candidate."

When Safadi sought written permission

from the General Manager of Parkmerced,

according to the terms of her lease, she was

told that she could not post a sign. "Article

25 of your lease was established with a view

to solidifying our tenant constituency by -

continued on p. 3

- sailboats,

within 25 yards of the pier. "I must issue this

order if the constitutional rights of the par-

~ ties are to have any meaning whatsoever,"

Judge Zirpoli said at the hearing.

The suit was filed on behalf of Robert

Heifetz and Thomas Caulfield, co-

_ coordinators of the Bay Area Peace Navy, a

Berkeley-based organization whose purpose

is to use a fleet of watercraft-including

powerboats, yachts, dinghies,

canoes and kayaks-to conduct non-violent

demonstrations on San Francisco Bay in

opposition to militarism and in support of

world peace.

Annual Event

Beginning in 1984, the Peace Navy has

staged demonstrations every October during

~ "Fleet Week," the annual event in which U.S. |

Navy warships enter San Francisco Bay.

The warships enter the Bay simultane-

ously in a long convoy and pass before

assembled crowds of dignitaries, press and

spectators on the pier at Aquatic Park in

San Francisco. As the Navy sails into the

Bay, the Peace Navy sails outward in front of

the pier with banners and posters advocat-

ing peace and opposition to militarism.

According to ACLU-NC_ cooperating

attorney James L. Kaller of the Law Offices

of Jerry E. Berg who, along with ACLU-NC

staff attorney Matthew Coles is litigating the

case, "In 1986, for the first time, naval offi-

cials ordered a 75 yard `security zone' around

the pier prohibiting any watercraft from ~

coming any closer to the pier during the

Navy procession.

"Moreover, the Navy actually imposed a

security zone which exceeded 100 yards-

and enforced it by using Vietnam-era river-

boats," Keller said.

When Caulfield and Heifetz requested a

permit for this year's "Fleet Week" protest, -

scheduled for. Saturday, October 10, they

were told that the Navy would impose the

same 75-yard security zone as in 1986.

` Drowned out songs

Heifetz explained, "Last year, not only did

Navy boats, used to `protect' officials at the

continued on p. 3

Inside

aclu news

2 oct.-nov. 1987.

Bill of Rights Day Celebration

Chief Justice Rose Bird

Vhree pioneering justices of the Cali-

fornia Supreme Court-Chief Jus-..

tice Rose Bird, Justice Cruz Reynoso

and Justice Joseph Grodin-will be honored

with the Earl Warren Civil Liberties Award

at the fifteenth annual ACLU-NC Bill of

Rights Day Celebration.

The keynote speaker will be Daniel

Schorr, political analyst and commentator

for National Public Radio on the Contra-

gate and Bork hearings.

The Celebration, which will be held on

Sunday, December 6, at the Sheraton Palace

Justice Joseph Grodin

Hotel in San Francisco, is the culmination of

the ACLU-NC's annual fundraising

campaigns.

Each year for the past fourteen years, the

Earl Warren Civil Liberties Award has been -

`presented to a person or persons who have

distinguished themselves as champions in

the battle to preserve and extend civil

liberties.

The ACLU-NC Board of Directors

selected the three former justices as this

year's honorees because

"acknowledge them as distinguished jurists

Daniel

66 a betray a source would mean to

dry up many future sources for

many future reporters. It would mean to

betray myself, my career and my life."

This statement, which has become a

classic for journalism students, is that of

Bill of Rights Day Celebration keynote

speaker Daniel Schorr; Schorr will speak

on "Ronald Reagan's Legacy." In 1974,

following a post-Watergate investigation

of CIA and FBI abuses, Schorr pub-

- lished a leaked report from the House

`Intelligence Committee. Risking a jail

sentence rather than identifying the

source of his leak, Schorr-already a

world renowned journalist and political

analyst-set a new standard for the pro-

tection of news sources and freedom of

the press.

Schorr is currently a Senior News

Analyst at National Public Radio in

Washington, D.C., where, in recent

months, his insightful commentaries

have helped guide the listening public

through the complexities of the Congres-

dal and the nomination of Robert Bork.

During Schorr's more than three

decades as a journalist, he has covered the

major domestic and international events

of our time. After serving as a foreign

correspondent for the New York Times

and the Christian Science Monitor,

Schorr joined CBS as a diplomatic cor-

Keynote Speaker

sional hearings on the Iran/ Contra scan-

Schorr

`respondent in 1955. At CBS, he served as

a bureau chief in Moscow and Eastern

- Europe and at the United Nations.

In 1966, he moved to Washington,

D.C., where he covered civil rights and

national economic issues. He _ later

became the chief Watergate correspon-

dent for CBS, winning three Emmy

awards for his coverage.

Schorr also found himself part of the

story he was covering when the Water-

gate investigation disclosed that he was -

on President Nixon's "enemies list," and

was being investigated by the FBI.

For his courageous stand in refusing to

to disclose his source on the House Com-

mittee on CIA and FBI abuses, Schorr

has been the recipient of many civil liber-

ties and journalism awards. His book,

Clearing the Air, is a compelling descrip-

tion of that troubled period.

A former Regents Professor of Jour-

nalism at the University of California at

Berkerley, Schorr helped create Cable

News Network (CNN) in 1980. He

worked at CNN until 1985, and began his

regular commentaries on NPR in 1978.

A highly acclaimed speaker on free-

dom of the press and national security

issues, Schorr addressed the national

ACLU biennial in Philadelphia this

summer on "The Constitution and the

White House: Freedom v. Security."

Rights truly. means,"

it wanted to

Justice Cruz Reynoso

and as members of the state Supreme Court

which played such a pioneering role in the

expansion of civil rights and liberties during

their tenure."

"We strongly believe that these three jus-

tices are outstanding representatives of what

the struggle for civil liberties and the Bill of

said Board Chair

Nancy Pemberton.

The life of Chief Justice Bird, the nation's

first woman Chief Justice of a state Supreme

Court is one that is filled with "firsts." Born

in Arizona, and raised in New York, Bird

graduated from Long Island University and

the University of California Boalt Hall

School of Law. While at Boalt, she received

a Ford Foundation grant to serve as an

intern in the California Legislature, where

- she helped draft a bill, later signed into law,

establishing a statewide testing program for

school children.

In 1966, she was the first woman attorney

hired by the Santa Clara County Public

Defenders Office, later becoming chief of its

appellate division.

Cabinet level

In 1974, newly elected Governor Jerry

Brown appointed Bird Secretary of the

Department of Agriculture, the first woman

to hold a cabinet-level position in the state's

history. In that position, she banned the

short-handled hoe (the cause of severe spinal

injuries among farmworkers) and drafted

the landmark farm labor bill guaranteeing

farmworkers the right to hold secret ballot

union elections.

In 1977, Governor Brown nominated Bird

for the post of Chief Justice of the California

- ACLU-NC to Honor 3 Justices

Supreme Court; she was approved by the

Judicial Council after the first of what was

to become several strident, well- tt

right-wing campaigns against her.

Bird's tenure as Chief Justice was marked

_ by widespread reform of the judicial process.

She also presided over the landmark deci-

sions on the integration of schools, the death .

penalty, abortion rights, freedom of the

press and privacy-opinions which

expanded civil liberties but ired her oppo-

nents who launched a "No on Bird" cam- -

paign to remove her from the bench in 1978

and 1987. The first campaign was unsuccess-

ful; the second, characterized by unprece-

dented viciousness and smear tactics,

achieved its unfortunate goal.

Labor lawyer

Justice Joseph Grodin has a long and

distinguished career in the areas of civil

liberties and labor law. A native Californian,

Grodin graduated from the University of

California at Berkeley in 1951 and Yale Law

School in 1954. After studying comparative

labor law as a Fulbright Scholar at. the

London School of Economics, Justice

Grodin practiced labor law in San Francisco

from 1955 until 1972. During that time, he

served as Chair of the San Francisco Bar

Association committees on labor law and

equal employment and also did pro bono

work for the ACLU, MALDEEF the

NAACP and other civil rights organiza-

tions. In the 1970s he was a leading member

of the ACLU-NC, serving both as a member

of the Board of Directors and as chair of the

Legislative Committee.

When the first state Agricultural Labor

Relations Board was established in 1975, he

was appointed by Governor Pat Brown to

serve on that innovative body. In 1979, Goy-

ernor Jerry Brown appointed him to the

state Court of Appeal and in 1982 he was

named Associate Justice of the California

Supreme Court.

He has previously taught law at the Uni-

versity of Oregon and Stanford University

and is currently on the faculty at Hastings

College of the Law in San Francisco.

First Hispanic

When Governor Jerry Brown appointed

Justice Cruz Reynoso to the Supreme Court

in 1982, he became the first person of His-

panic descent to serve on California's highest -

COUIT.. -

Reynoso was one of eleven children of

- farm worker parents. A graduate of Pomona

College and Boalt Hall School of Law at the

University of California at Berkeley, Justice

Reynoso studied constitutional law at the

National University of Mexico on a Ford

Foundation Fellowship. :

continued on p. 8

Elaine Elinson, Editor

aclu news

8 issues a year, monthly except bi- monthly in January-February, June- July,

August- September and November-December

Published by the American Civil I. fecie: Union of Northern California

Nancy Pemberton, Chairperson Dorothy Ehrlich, Executive Director

Marcia Gallo, ee

1663 Mission St., 4th floor, San Francisco, California 94103. (415) 621-2488

Membership $20 and up, of which SO cents is for a subscription to the aclu news

and 50 cents is for the national ACLU-bi-monthly publication, Civil Liberties.

Chapter Page

aclu news

oct.-nov. 1987 3

-_-Legal Briefs

US. `Supreme Court Ends Bilingual Voters Suit

major lawsuit affecting the voting

rights of Spanish- and Chinese-

speaking voters came to a close on October

5, when the U.S. Supreme Court granted

the ACLU's request to vacate as moot the

suit challenging a federal prosecutor's inves-

tigation of bilingual ballot seekers in nine

northern California counties.

According to ACLU-NC staff attorney

Alan Schlosser, "Though this investigation

has ended, the 1986 federal court ruling

declares that language minority voters are

entitled to strict protection against discrimi-

nation. It also indicates that there are limits

on a prosecutor's investigatory power."

The case, Olagues v. Russoniello origi-

nated in 1982 when it was disclosed that

U.S. Attorney Joseph Russoniello had asked

officials in the nine counties to provide him

with lists of applicants for Chinese and

Spanish language election materials. FBI

and INS agents then investigated those

voters for citizenship.

The probe, which was initiated just prior

to the registration deadline in the 1982 elec-

tion, was challenged by the ACLU, MAL-

Spanish aad Chinese eerie ane ecanie the eee of the USS. Aoriee S probe.

DEF and California Rural Legal Assistance

in a class action suit on behalf of Chinese-

and Spanish-speaking voters and groups

that register minority voters. The ACLU

Peace Navy

continued from p. | 2 :

reviewing stand from our message, swamp a

Greenpeace boat and dump one of its youth-

- ful occupants into the Bay, they also attemp-

ted to drown out the peace songs oe our

Children For Peace boat.

"This is precisely the militarization of our

Bay that we have resisted for over four years.

Our objective is to promote an ecologically

beneficial, peacetime revitalization of the

Bay Area for recreation, commerce and

industry-not to promote false patriotism at

home and illegal covert adventures abroad,"

Heifetz said.

According to Coles, "The Peace Navy's

banners and posters are not large enough to

be read with the naked eye at a distance of 75

yards-much less, the 100 yards enforced

last year. Their boats are not even large

enough to carry banners that could be read

at that distance.

"We sued to ensure that the San Francisco

Bay was not excluded from the guarantees of

the First Amendment," Coles added.

A hearing on a preliminary injunction for

future aquatic demonstrations by the Peace

Navy is scheduled for November 23.

Campaign

Signs |

continued from p. 1

avoiding potential clashes of diverse views of

myriad subjects," General Manager Claude

Scovill wrote Safadi on October 7.

Five minutes before the lawsuit was

announced at the press conference, attor-

neys for Parkmerced called the ACLU to say

that Safadi would be allowed to post her

"Art Agnos for Mayor" sign. That permis-

sion did not extend to other tenants,

however.

According to the Parkmerced lease provi-

sion, tenants can be evicted for posting signs

in their windows. :

Attorney Mayer said, "Parkmerced's pol-

icy barring signs in apartment windows is

illegal. Section 1942.5 of the Civil Code

makes it unlawful to evict a tenant exercising

`any rights under the law.' The lease provi-

sion unreasonably curtails a tenant's funda-

mental right to engage in political

expression in his or her own home.

"There are 9,000 tenants. at Park-

,

merced-this housing complex cannot be an.

isolated enclave where political debate is

stifled," Mayer said.

"We asked for an immediate order from

the court because the mayoral election is

quickly approaching. Each passing day is

another lost opportunity for tenants to

express support for their chosen candidate,"

Mayer added.

Majority renters

"The issue is particularly significant in a.

city like San Francisco where two-thirds of

the residents live in apartments and similar

lease provisions are not uncommon," said

attorney Schlosser. "The ACLU believes

that it is fundamentally unfair to restrict the

right to. participate in political debate by

posting campaign signs solely to

homeowners."

The court order allows tenants to post

mayoral election signs in their apartment

windows and prevents the landlord from

evicting any tenant who does so. Plaintiffs

are also asking the court to declare that the

current lease provision violates the tenants'

rights of free speech and privacy guaranteed

- by statute and the California Constitution

and should be struck down.

(ttt = - ++

charged that the investigation was unwar-

ranted, racist, and in violation of the Consti-

tution and the Voting Rights Act.

Although no prosecutions resulted from

the investigation, the probe had a chilling

effect on minority voters, evidenced by a

drop off in registration in the targeted

communities.

In 1985, the suit was dismissed by a three-

Judge panel of the U.S. Court of Appeals,

but in 1986 a full panel of the appellate court

Ang Katipunan

reinstated the suit. The majority opinion,

written by Judge Harry Pregerson, said the

investigation chose its targets by race and

national origin in violation of the law, and

that the investigation, if revived, could have

a chilling effect on minority voters.

During the five-year course of the lawsuit,

anew state law was passed making bilingual

ballot applications confidential.

"After the lawsuit was filed, the govern-

ment chose to stop the investigation, and

said it was unlikely that they would do it

again," said Schlosser. "If they do it again,

we will certainly respond in the same way."

Although the 1986 appellate court ruling

is no longer binding precedent, Schlosser

added, "it is still a most persuasive and

significant statement of the rights of lan-

guage minority persons in the Ninth

Circuit."

ACLU-NC Fifteenth Annual

BILL OF RIGHTS

DAY

CELEBRATION

December 6

(1$20 Individual

Name

I plan to celebrate the bicentennial of the Constitution

as aliving document, including the Bill of Rights and

the other amendments protecting individual

freedoms and human rights.

US: Supreme Court Justice Thurgood Marshall

Join the ACLU of Northern California as we honor |

the 200th Anniversary of the U.S. Constitution, 1787-1987.

WE NEED YOUR HELP TO

DEFEND YOUR RIGHTS

I] WANT TO HELP THE ACLU

(_JEnclosed is my contribution of $

(JI want to join. Credit my contribution towards membership:

|J$30 Joint

[|More

Address

=

a

Send coupon and check to ACLU. NC, 1663 Mission Street,

#460, San Francisco, CA 94103.

State Zip

- aclu news

4 oct.-nov. 1987

Governor Signs Bill

to Ban Patient Dumping

by Marjorie Swartz,

ACLU Legislative Advocate

wo years of hard work and intense

i lobbying by the ACLU and other

members of the Coalition to End

Patient Dumping resulted in a great victory

this year when two bills banning "patient

dumping" passed the state Legislature in

September and were signed into law by the

Governor.

The measures, SB 12 (Maddy) and AB_

214 (Margolin), both include stiff penalties

on doctors and hospitals who transfer or

deny emergency treatment to poor and

uninsured patients. In addition, Maddy's

measure funds emergency care providers

through an increase in traffic fines.

At the end of 1986, the prospect of such

success seemed remote. Assemblyman Burt

Margolin's original patient dumping bill was

defeated in the Senate Appropriations Com-

mittee, largely due to strong opposition .by

the California Medical Association.

A later version of the bill (authored by

Senator Ken Maddy) which provided for

funding from increased traffic fines and

reimbursement from the counties, was

objected to both by the CMA and the coun-

ties. The counties objected to the language

mandating financial responsibility and the

CMA opposed the bill because the county

mandate was too weak. Caught in this

Catch 22, the bill was defeated in the Senate

on the last day of the session.

Grassroots pressure

But the Coalition did not give up. Rather

it intensified its grassroots pressure by visit-

ing legislators, writing letters, and generat-

ing stories and editorials in the media. As

well, new tragedies resulting from patient

dumping appeared, making it more and

more difficult for legislators to pretend that

this was a problem that could be ignored.

In January, the Coalition again intro-

_ duced a bill, AB 214 (Margolin), with the

same strict transfer provisions and penalties

for patient dumping.

That same month, a new case in Alameda

County hit the headlines. William Trumbull

went to the Hayward Hospital Emergency

Room complaining of chest pain and severe ~

shortness of breath. He was admitted after

persuading the staff to accept a deposit of

$576 instead of the $1,000 they initially

requested. Trumbull was discharged the

next day after doctors found no evidence of

-a heart attack. However, his blood gases

were not tested, despite that fact that hospi-

tal procedures called for such tests when

there are indications of respiratory trouble.

According to a physician familiar with the

case, such a test would have almost certainly

detected the massive clot in his lung.

Suffocation

Trumbull was charged $2,000 for the one-

day stay. His family reported that he was

discharged after expressing concern about

being able to pay the bill. He was extremely"

weak and short of breath upon discharge

and had to sit down twice on the way to his

car. Fifteen hours later he collapsed and died

in his home. The blood clot in his lung

blocked the flow of blood to his heart from

his lung, suffocating and killing him.

By this time the Coalition had grown to

almost 80 organizations, including civil

rights groups, health providers, public inter-

Unabated medical crisis .

Hospitals' dumping .

of patients increase!

Se aw paler : ed

est organizations, labor unions, religious

groups and local governments. Trumbull's

family offered a financial contribution to the

coalition in his memory, which was used to

publish a brochure about the tragedy of

patient dumping.

While the grassroots efforts: were broa-

dened and intensified throughout the state,

different aspects of Margolin's measure, and

a bill introduced by Senator Maddy includ-

ing the funding provisions, were hammered

out in detail by various legislative commit-

tees, lobbyists for the ACLU, the Coalition,

the CMA, the counties and the Department

of Health Services.

Even late into the session, the prognosis

was not good and spirits took a nose-dive

when it looked like the bills were at an

impasse. But on September 4, Margolin's

bill passed a key hurdle. With a vote of 10-0,

it passed the Senate Appropriations Com-

mittee, the same Committee which had

defeated it 4-4 last year.

On September 10, SB 12 passed the

Assembly 76-3, the following day, AB 214

passed the Senate 37-0. Both bills were

signed by the Governor. _

This package is one of the most signifi-

cant pieces of legislation advancing civil

rights of the poor signed by the Governor

who is notorious for vetoing such legislation.

It is truly a credit to the hard work of the

people and organizations involved that this

life-and-death issue was not allowed-to die.

The Coalition Against Patient Dumping produced this highly effective brochure to

successfully-push state legislation.

_ Every month that goes by

without an effective law to stop

patient dumping abuses in |

California ...

William Trumbull, June 23, 1959 - January 6, 1987

Californians like

William Trumbull are

paying with their tpes

|IMMIGRATION

NEW IMMIGRATION

BROCHURE

REFORM ACT

EMPLOYER

SANCTION

AND

DISCRIMINATION

PROHIBITIONS

A Guide for Workers, |

Employers and their Advocates

Immigration Reform Act, Em-

ployer Sanctions and Discrimina-

tion Prohibitions: A Guide for

Workers, Employers and Their

Advocates is a new brochure by the

national ACLU Immigration and Alien's

Rights Task Force.

The 24-page brochure, written in a

question-and-answer format, explains

the complicated provisions of the new

immigration law and answers com-

monly asked questions about

employer sanctions and discrimination

provisions.

The English language edition is

currently available from the national

ACLU. A Spanish language edition will

be published in the fall. :

For individual or bulk copies writ

to: Immigration and Aliens' Rights

Task Force, ACLU, 132 W. 43rd

Street, New York, NY 10036 or call

212-944-9800.

Volunteer Complaint

Counselors Needed

A challenging volunteer position

awaits you as an ACLU-NC "Complaint

Counselor"-taking complaint calls and

requests for assistance, referrals and

information, and helping to screen cases

for potential ACLU lawsuits.

The position requires volunteering one

(or more) day a week, from 10 AM to 4

PM from people who can made at least a

6 month commitment. Patience, compas-

sion, concern for civil liberties and civil

rights are necessary. Legal knowledge

helpful, but not required. Please call 415/

621-2493 and ask for Jean Hom. ;

aclu news

oct.-nov. 1987 5

Matthew Coles, New Staff Attorney

"Ey the last nine years I've been trying :

to do public interest law in a private

firm-maybe that's why coming to work at _

99

the ACLU seems like `coming home' to me,

said attorney Matthew Coles,

sought after `fourth attorney' who joined the

ACLU-NC Legal Department on Sep-

._ teniber 1.

-"We are proud to have Matthew Coles on

-our staff," said ACLU-NC Executive Direc-

tor: Dorothy Ehrlich. "He is a seasoned

advocate and an excellent attorney who has

already contributed so much to gay ee

and civil rights in our community."

Coles, a 1977 graduate of Hastings Col-

lege of the Law in San Francisco, is noted as

the author of the 1978 San Francisco ordi-

nance banning discrimination on the basis

of sexual orientation. That pioneering law

later became the model for similar ordinan-

ces in Berkeley, Los Angeles, Oakland and

_ Other cities around the nation. -

~ Coles's authorship of anti-discrimination

legislation is indeed quite renowned. He ~

drafted San Francisco's domestic partners'

benefits law, adopted bythe Board of Super-

visors in 1982 but subsequently vetoed by

Mayor Dianne Feinstein; he helped write the

domestic partnership ordinance enacted by

the City of Berkeley. Coles also drafted the

San Francisco ordinance banning discrimi-

nation against people with AIDS, and

helped draft ABI which would have prohi-

bited discrimination on the basis of sexual

orientation in employment ene the:

state.

Marital Status -

As a cooperating attorney with the

_ ACLU-NC, Coles has been working since

1984 with staff attorney Margaret Crosby on

the case of Brinkin v. Southern Pacific,

which he recently argued before the Court of

Appeal. He is representing Larry Brinkin, a

Gay Rights Project

Seeks Information

he Lesbian and Gay Rights Project of

the ACLU Foundation in New York is -

now in the process of collecting information

about the current status of partnership

rights and benefits for lesbians and gays.

From this research it will compile a packet to

`send to lawyers who inquire about the issue

of partnership benefits for gays, including a

list of possible expert witnesses.

The Project staff would like to receive

information about. any city or state laws

referring to the partnership rights of lesbi-

ans, gays or heterosexuals in non-traditional

relationships. .

They are also interested in knowing of

benefit provisions for. gays: and non-

traditional domestic partners in insurance

plans, union contracts, employer programs,

etc.

Any statements on alternate families or -

non-traditional and gay partnerships issued

by religious groups or professional associa-

tions are of special interest.

And, they are compiling a bibliography of

social science literature on gay adoption and

foster parent rights.

Please send such information to fore.

than Ned Katz, Lesbian and Gay Rights

Project, ACLU, 132 W. 43rd Street, New

York, N.Y. 10036.

the long |

gay employee of SP who was. denied the 3-

day funeral leave provided in his union con-

tract when his lover of I! years died.

"Marital status has been used constantly

to discriminate against gay people," Coles

said. "Yet the Fair Employment and Hous-

ing Act-amended in 1976 to include mari-

tal status-no more allows discrimination

against the unmarried than it allows the

reverse."

Coles''s desire to join the ACLU staff

resulted from his "perceptions of changes in

society in the last decade and also my per-

ceptions of the oe in the ACLU," he

said.

"Over the last ten years, I think the key

thing that has changed in U.S. society is the

acceptability of selfishness, the idea that it's

OK to say `All for me, and I'm not going to

worry about anyone else.'

Social Justice

"During this same period, it seemed to me

that the ACLU, while continuing its tradi-

tional First Amendment legal challenges,

also began to focus more on social justice

issues-immigration, drug testing, AIDS

testing. These are the issues that are also

high on my agenda."

In recent years, Coles has dealt increas-

ingly with the impact of AIDS. For his

clients, he worked on the nitty-gritty-and

tragic-legal issues of wills, health insurance

and job discrimination. He also campaigned

vehemently against Proposition 64, the 1986

LaRouche initiative which would have

allowed massive civil liberties violations of

people with AIDS.

"During this time, the ACLU was decid-

ing that it should do more about AIDS, and -

I will be focusing on this work," Coles said.

But Coles first ACLU case as a staff

attorney is, ironically, a "traditional First.

Amendment" case. On October 8, he won a

challenge in federal court against the U.S.

Navy's bar on the Bay Area Peace Navy's

acativities protesting militarism.

The Navy was trying to keep the peace

activists from sailing their canoes, kayaks,

and `sailboats with peace banners near

Aquatic Pier during the Fleet Week naval

procession.

The Navy's reason for restricting the pro-

testers' First Amendment rights? "They

claimed the peace boats may be a cover for

Iranian and Libyan attack squads," Coles

laughed. "Maybe it's not so traditional a case

after all."

Coles, an adjunct professor at PP ain Z

College of the Law and a visiting professor at

UC Berkeley's School of Public Policy, will

begin full-time work at -the ACLU on

November | when he finishes Ee fall teach-.

ing schedule.

HH

Bork Confirmation Defeated

By a vote of 58-42, the U.S. Senate on October 23 voted down President Reagan's

nomination of Robert Bork to the U.S. Supreme Court.

This major victory was due in large part to the unified action of the ACLU and many

national, regional and local civil rights, minority rights, women's, disabled, and labor

organizations who thoroughly researched and strongly articulated Bork's backward stance

_ on key civil liberties issues.

The spirited anti-Bork rally at the San Francisco Federal Building, pictured above with

ACLU-NC Executive Director Dorothy Ehrlich at the microphone, was one of many

activities-which ranged from tabling and letter writing to public speaking and newspaper

ads-supported by ACLU-NC members throughout northern California in the effort to

block the confirmation. The October 5 rally, sponsored by the Coalition for Civil Rights,

also featured Lt. Governor Leo McCarthy, San Francisco Labor Council leader Walter

Johnson, Dr. Julianne Malveaux of the NAACP-and an "understudy Supreme Court"

(pictured above) provided by the San Francisco Mime Troupe.

Union Maid

ACLU-NC

Attorneys

iO.

Be Honored

AS. staff attorney. Margaret

Crosby and cooperating attorney

Arthur Brunwasser will be honored at a

reception at the Palace of Fine Arts in

San Francisco on Monday, November

16, sponsored by the Bergman/

Ramirez Defense Committee.

The two attorneys successfully

appealed a $1.7 million libel judgment

entered against reporters Raul Ramirez

and Lowell Bergman for criticizing law

enforcement officials in a series of arti-

ciles they wrote for the San Francisco

Examiner about a Chinatown murder

case.

The reception will follow an event at

the same site celebrating the tenth

anniversary of the Center for Investiga-

tive Reporting featuring a screening of

The Secret Society, a BBC documen-

tary confiscated by the British govern-

ment, and a forum with the producer of.

the film, Duncan Campbell, Mike Wal-

lace of "Sixty Minutes" and other distin-

guished journalists.

"We wanted to use this event to

| honor the ACLU-NC attorneys who

fought so hard to defeat a libel judgment

that would have had a tremendously

chilling effect on investigative journal- .

ism in this area,' said reporter Ramirez,

who is on the Board of the Center.

For more information, please call

Center for Investigative Reporting at

415/543-1200.

New ACLU |

Board Officers

ACLU-NC Officers

At its September meeting, the ACLU-NC

Board of Directors elected the following

officers: Nancy Pemberton, Chair; Anne

Jennings, Vice-Chair (Chair of the Field

Committee); Steve Mayer, Vice-Chair:

(Chair of the Legal Committee); Jim

Morales, Vice-Chair (Chair of the Legisla-

tive Committee); Davis Riemer, Vice-Chair

(Chair of the Development Committee);

Tom Lockard, Treasurer; Barbara Brenner,

National Board Representative.

_ All of these officers will sit on the Execu-

tive Committee of the affiliate along with -

Mary Lou Breslin, Marlene De Lancie, Lee

Halterman, Francisco Lobaco, Steven

Owyang, and Fran Strauss.

National ACLU

Anne Jennings, ACLU-NC Vice-Chair

and Chair of the Field Committee, was

elected to the Board of Directors of the

National ACLU as an at-large member.

ACLU-NC_ Development Committee

Chair Davis Riemer was elected as one of

three delegate-elected members of the 1989

Biennial Conference Committee.

6 7 aclu news

oct.-nov. 1987

Japanese American Internment

_ House Passes Bill for Redress

n 1942, Gordon Hirabayashi violated

racially-based curfew laws and refused

to report for internment in a relocation

camp for Japanese-Americans. He spent

more than two years in prison for his

defiance of the wartime order. But in Sep-

tember, Hirabayashi was vindicated-both

by the U.S. Court of Appeals and the House

of Representatives.

On September 29, the Ninth' Circuit

Court of Appeals overturned Hirabayashi's

misdemeanor curfew violation, agreeing

with an earlier court ruling that the mass

imprisonment was not a military necessity.

"On this bicentennjal of the U.S. Consti-

_tution, this is most appropriate, to get some

of those violations of the Constitution cor-

rected, for my sake, but also for the sake of all

Americans," said Hirabayashi, who is a

retired Professor Emeritus of Sociology at

the University of Alberta.

In 1983, the ACLU-NC honored Hira-

bayashi along with Fred Korematsu and

Minoru Yasui with the Earl Warren Civil

liberties Award for their courageous

defiance of the wartime internment and

their 40-year battle to reverse their

convictions.

Korematsu, who had been represented by

the ACLU-NC before the U.S. Supreme

Court in 1943, won a reversal in U.S. Dis- (c)

trict Court in 1985. Yasui died before his

claim could be resolved, but his widow, True

Yasui, is pursuing his case before the U.S.

Supreme Court.

Redress Bill

On September 17, the 200th anniversary

of the U.S. Constitution, the House of

Representatives passed HR 442, the Civil

Liberties Act of 1987, authorizing payments

of $20,000 to Japanese Americans who were

interned during World War II and apologiz-

ing on behalf of the people of the United

States for the evacuation, relocation, and

internment.

The bill, spearheaded by San Jose Con-

gressman Norman Mineta and Sacramento

Congressman Robert Matsui, who were

themselves interned in the camps, states that

the internment was based on racial prejudice

and wartime hysteria.

ACLU Washington lobbyist Wade Hender-: (c)

son played a key role in the passage of the

bill, which eventually gained 166 co-

sponsors in the House. ACLU-NC Execu-

tive Director Dorothy Ehrlich, speaking at a

press conference at the Japanese American

Citizens League moments before the bill was

passed, said, "This represents a long overdue

step to correct past injustice and violations

of constitutional rights suffered by persons

of Japanese ancestry during World War II."

Urging people to write to Senators Alan

Cranston and Pete Wilson to support the

companion Senate measure, Ehrlich said,

"One hundred and twenty thousand Japa-

nese Americans were forcibly uprooted from

their homes in the West Coast and placed

into concentration camps for up to four

years without due process.

"Tronically, thousands emerged from the

humiliation of the camps to serve with honor

and distinction in the U.S. military, many

giving their lives for this country on the

battlefields of Europe and Asia while their

parents and families remained imprisoned

here," Ehrlich said.

Speaking at a similar press conference in

San Jose, Chris Beraldo of the ACLU Santa _

Clara Chapter said, "Even though no act

can give back all the years we took from the

internees, the passage of the act at least

acknowledges that there was a great injus-

tice done and provides at least some measure

of compensation."

"T only wish that the 20,000 seniors who

are dead now could have heard this," said

Tom Nakaji, an 85-year-old retired farmer

who spent three years in camps in Arkansas.

H

Photos (Clockwise from top) 1. In 1983,

Fred Korematsu, Minoru Yasui, and Gor-

don Hirabayashi (I. to r.) launched their

lawsuits seeking to overturn their wartime

convictions for violating the military curfew

and relocation order forced on. Japanese

Americans. 2. Over 120,000 Japanese

Americans were interned in the camps. 3. .

The "relocation center" at Tule Lake.

Courtesy of JACL

ltems Wanted

Are you looking to rid yourself of

spare office equipment cluttering up a

foyer or garage? The ACLU can help!

We are looking for donations of the

following items:

VCR Monitor (portable) (c)

IBM Selectric typewriters

TV/VCR stand

Oscillating electric fans

Filing Cabinets (legal size)

_2-drawer and 4-drawer

Portable heaters

Big plants.

If you can donate any of this equip-

ment to the ACLU-NC, please call Mila

De Guzman at 415/621-2493.

Smyser

Lair

Abortion Funds:

Tenth Anniversary of the Death

of Rosie Jimenez

Luz Alvarez-Martinez (center, speaking), Dorothy Ehrlich, Mary Luke and Reverend

Kim Smith (1. to r.) pledged to continue the fight for freedom of choice for all women at

a press conference commemorating the death of Rosie Jimenez.

66 day, we understand and mourn the

death of Rosaura Jimenez ten years

ago--and we pledge ourselves to fight for

full funding for abortion so that poor

women, women of color and teenagers no

longer have to choose sterilization or dan-

gerous, back alley abortions," said Dr.

Melanie Tervalon, Chair of the Reproduc-

tive Rights Access Project.

Tervalon was speaking at a press confer-

ence at the ACLU-NC on October 5, a day

designated by the Northern California Pro-

Choice Coalition for activities in commemo-

~ ration of the death of Rosie Jimenez, the

first victim of the cutoff of federal funding

for abortion.

_ Also speaking at the press conference

were ACLU-NC_ Executive - Director

Dorothy Ehrlich, Planned Parenthood

Director Mary Luke, Luz Alvarez-Martinez

of the National Latina Health Organization

and Reverend Kim Smith of the Religious

Coalition for Abortion Rights.

Ehrlich blasted the California Legislature

for "sacrificing the health and lives of poor

women in California" by cutting MediCal

funds for abortion from the Budget Act and

for "targeting another group of vulnerable

women-teenagers-by passing .a_ law

requiring parental consent for abortions.

The ACLU-NC will file a lawsuit to chal-

lenge the parental consent measure, which

was signed by the Governor in October,

before it goes into effect in January 1988,

_ Ehrlich said.

Alvarez-Martinez charged that health

issues of Latina women have not been

addressed by federal, state and local govern-

ments.

women-health care providers, workers,

mothers and activists-will be held inthe

Bay Area in the spring to mobilize around

these issues.

The day's events began with "human bill-

boards" at key commuter offramps in San

Francisco and the East Bay during the

morning rush hour. A networking reception

for pro-choice activists was held in the even-

_- ing, followed by a procession and candlelight

vigil at the State Building protesting attacks

on reproductive rights.

The Coalition announced plans for future

' work to restore abortion funding, challenge

the parental consent law and mobilize for

reproductive rights for all women. As Reve-

rend Smith summarized, "Class, race and

economic ability are no? criteria for the right

to choose."

A national conference of Latina -

Attacks on

Salvadoran

Refugees

Yanira Corea, a Salvadoran refugee who

was kidnapped, raped and tortured by

death-squad style attackers in Los Angeles

in July, spoke about her ordeal at a press

conference in San Francisco City Hall in

September. (c)

Corea, who is represented by the ACLU

of Southern California in her efforts to-

expose the recent wave of violence against

Salvadoran and Guatemalan refugees in

Los Angeles, was joined at the press confer-

ence by Board of Supervisors President

Nancy Walker, Elaine Elinson of the

ACLU-NC and Barbara Johnson of the

San Francisco Sanctuary Covenant.

"The ACLU's Political Asylum Project

has been documenting the deaths and dis-

appearances of Salvadorans who are

Ric Rocamora/ Ang Katipuanan

deported to their homeland," Elinson said,

"to monitor the situation and support the

passage of the Moakley-DeConcini Bill

which would allow Salvadoran refugees to

remain in the United States.

"What we see with Yanira's case is that

that is not enough. The death squads are

now terrorizing refugees right in the streets

of our own cities," Elinson said.

Supervisor. Walker said that she would

ask Police Chief Jordan to appoint an

officer in the Department who could be

contacted in case of any such attacks in San

Francisco. .

aclu news

oct.-nov. 1987

7

Union Maid

VOTE YES ON

_ PROPOSITION G

(San Francisco only)

Propositiorr G is vital to the effort to reform the Office of Citizen Complaints.

Under the current budget cap, the OCC must investigate nearly six times the

number of police misconduct complaints as the old police Internal Affairs Bureau

with less than half the number of investigators and only 60% of the budget. By

removing the budget cap, Proposition G will remove a major roadblock to

improving the OCC. "Unleash the Watchdog' -Vote YES on G.

United Sates

of Wei G wld. mM

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THE BILLOF RIGHTS

CELEBRATE IT.

DEFENDIT. USEIT.

sev om sourosor thusclions 4

Rhaborstleil.on' euprafeed acess om be or a

caoek anda of le omalchattor

and ra fact bud 4 fa Hall le burrs 4 tocarrened on

ATTEST,

Ho Beckley, Ola of he Hrase of Reprosrntatoes

Smet AB Sucrrtary off thi Sunes

Rese

132 West dard Street New York, NY 10036

Poster Order Form

Please send me ____ Posters at $5.00 each. Amount enclosed $___

Name

City State Zip

. Order from Literature Department, ACLU

132 W. 48rd Street, New York, New York, 10036.

|

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Address |

|

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|

aclu news

8 oct.-nov. 1987

ACLU-NC Will

Honor 3 Justices

continued from p. 2

He served as Staff Secretary to Governor

Pat Brown and later as Associate General

Counsel with the Equal Employment

Opportunity Commission in Washington,

D.C. From 1969 to 1972, he was the Execu-

tive Director of California Rural Legal

Assistance. Following a stint of teaching law

at the University of New Mexico, Justice

Reynoso was appointed Associate Justice of

the Court of Appeal for the Third Appellate

District in Sacramento. He served on the

state Supreme Court from 1982 to 1987.

Justice Reynoso is currently in private

practice with the Los Angeles law firm of

O'Donnell and Gordon.

Beacon

"On election night 1986, after a vicious

campaign, we lost three justices of a state.

`Tights

Supreme Court that had been a beacon for _

over forty years for the expansion of civil

and individual liberties," said

Pemberton. :

"At our Bill of Rights Day Celebration,

we want to honor these three courageous

Justices who fought to maintain the inde-

pendence of the judiciary and who rejected

the notion, as Chief Justice Bird put it, that

judges should `put their moistened fingers to

the wind, and rule accordingly."

The Bill of Rights Day Celebration will

be held at the Sheraton Palace Hotel in San

Francisco on Sunday, December 6; pro-

gram at 5 PM (no-host reception at 4 PM):

Tickets for the event are $12 and are avail-

able from the ACLU-NC. Call 415/

621-2493 or use the order form in this issue.

Enclosed is my payment of $

Name

15th Annual

Bill of Rights Day Celebration

Presentation of

Ful Warren Civil Liberties Award to

Chief Justice Rose Bird

Justice Joseph Grodin

Justice Cruz Reynoso

Keynote Speaker -

Daniel Schorr

Writer, Political Analyst, NPR Commentator

Sunday, December 6 5:00 PM

No Host Bar

Sheraton Palace Hotel

Grand Ballroom

New Montgomery and Market Street

San Francisco

`Tickets $12 - Call 415/621-2493 or fill out the order form below.

Se

Bill of Rights Day Celebration Ticket Order Form

4:00 PM

for tickets

Address

City

eryes cuune murcmres omnes cebememt Giana EREERENES Norm "EES | meme

Please make checks payable to the ACLU Foundation of Northern California.

Mail to Bill of Rights Celebration, 1663 Mission St., #460, San Francisco 94103.

Please enclose a pall addiessed: stamped envelope.

Zip

- Chapter Calendar

Chapter Meetings

_B.A.R.K. CHAPTER MEETING: (Usually

fourth Thursday) Volunteers are needed to

staff hotline. Contact Florence Piliavin,

415-848-5195.

EARL WARREN CHAPTER MEETING:

(Third Wednesday) Sumitomo Bank, 20th

and Franklin Streets, Oakland. Contact Rose

Bonhag, 415-658-7977. Please call Rose if you

left anything at the potluck.

FRESNO CHAPTER MEETING: (Usually

third Tuesday) Tuesday, November 17, 5:30

p.m. Planned Parenthood Office. Contact

Mindy Rose for details: 209-486-7735.

GAY RIGHTS CHAPTER MEETING:

(Usually first Tuesday) Tuesday, November 10

(note change due to Election Day) and

December I, 7 p.m., ACLU-NC, 1663 Mis-

sion Street, Suite 460, San Francisco. Contact

Doug Warner: 415-621-3900. Contact Doug .

Warner about chapter table reservations at

Bill of Rights Day Celebration.

MARIN COUNTY CHAPTER MEET-

ING: (Third Monday) 7:30 pm. Citicorp

Bank, 130 Throckmorton Avenue, Mill Val-

ley. Contact Eileen Siedman, 415-383-0848.

MID-PENINSULA CHAPTER MEET-

ING: (Usually fourth Wednesday) All Saints

Episcopal Church, 555 Waverly, Room 15,

Palo Alto. Contact Harry - Anisgard,

415-856-9186.

MONTEREY CHAPTER MEETING:

(Usually fourth Tuesday) October 27 and

November 24, 7:30 p.m. Monterey Library,

Pacific and Jefferson Streets, Monterey. Con-

tact Richard Criley, 408-624-7562.

MT. DIABLO CHAPTER MEETING:

(Usually third Wednesday) Contact Lowell

Richards, 415-939-ACLU.

NORTH PENINSULA - CHAPTER

MEETING: (Second Monday) Contact Bob

Delzell, 415-343-7339. Bill of Rights Cam-

paign Phone Nite: Monday, October 26.

SACRAMENTO VALLEY CHAPTER

MEETING: (Usually second Wednesday)

7:30 pm. County Administration Building,

7th and I Streets, Main Floor Conference

Room, Sacramento. Contact Joe Gunter-

man, 916-447-8053.

SAN FRANCISCO CHAPTER MEET-

ING: (Usually fourth Tuesday) Contact Mar-

~ ton Standish, 415-863-3520. Bill of Rights

Campaign Phone Nite: Monday, November 9.

SANTA CLARA CHAPTER MEETING:

(Usually first Tuesday) Contact Walter

Krause, 408-258-7963.

SANTA CRUZ CHAPTER MEETING:

(NOTE CHANGE: Third Wednesday) Con-

~ tact Bob Taren, 408-429-9880.

`SONOMA

CHAPTER MEETING:

(Usually third Thursday) The Roseland Law

Center, 1680 Sebastopol Road, Santa Rosa.

Contact Colleen O'Neal, 707-575-1156. Wed-

nesday, October 28, 7:30 p.m., Speaker Daniel

Sheehan, on-Our Secret Government, Santa

Rosa Vets. For more information call Peace

Center, 707-575-8902. Join with us in assisting

the Christic Institute in their suit against the

secret government. Contact June Swan,

707-546-7711.

STOCKTON CHAPTER MEETING:

(Third Wednesday) Contact Eric Ratner,

209-948-4040 (evenings).

YOLO COUNTY CHAPTER MEETING:

(Usually Third Wednesday) Contact Dan

Abramson, 916-446-7701.

Field -

Committee Meetings

PRO-CHOICE TASK FORCE: (en Wed-

nesday) Wednesday, November 4, 6:00 pm. ~

ACLU office, 1663 Mission Street, Suite 460,

San Francisco. Contact Marcia Gallo for

more information: 415-621-2494.

`RIGHT TO KNOW/RIGHT TO DIS-

SENT: (Second Tuesday) Tuesday, November

10, 7:00 pm. ACLU Office. Guest speaker:

Duncan Campbell, British journalist whose -

BBC documentary "The Secret Society" was

banned and confiscated by the British govern-

ment under the Official Secrets Act. Contact

Marcia Gallo, 415-621-2494.

IMMIGRATION WORKING GROUP:

(Fourth Thursday) Organizing for National

_ Day of Justice: Thursday, November 5; Com-

munity Forum; Friday, November 6: Press

Conference and protest at INS office. Contact

Marcia Gallo, 415-621-2494.

FIELD COMMITTEE

SIGN ME UP

| want to be more involved in Field Committee activities

Name:

Address:

City:

Telephone: Day

Zip:

Night

I'm interested in working on the following issues:

____ Right to Dissent

________ Reproductive Rights

Immigrants' Rights

Please send me information about my local chapter.

Thank you! Together we can make a difference.