vol. 54, no. 4

aclu news

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SAN FRANCISCO, CA

Volume LIV

June-July 1990

No. 4

_ The Legislature vs. the War on Drugs

magine all seventh grade students at your local junior

high being subject to random drug testing. Imagine that

you would automatically lose your job if convicted of

possession of a small amount of marijuana. Imagine the state

confiscating your vehicle because you are found in possession

of small amounts of drugs - even if you are never convicted

of a crime. ACLU Legislative Advocate Francisco Lobaco

reports from Sacramento:

`These are among the numerous scena-

rios that Californians could face if some

of the war on drugs measures introduced

in the Legislature this year were enacted.

This session, the legislative response

to the war on drugs continues to be pri-

marily punitive in nature - not surprising

for an election year. In the criminal con-

text, SB 1786 (Boatwright), is illustrative

of this punitive approach. This bill ex-

pands the application of current forfeiture

laws from those who deal in large quanti-

ties of drugs to cover those who simply

possess small amounts of a drug.

Forfeiture laws permit the state to con-

fiscate an automobile, boat, airplane or

other vehicle which has been used in any

manner to facilitate certain drug offenses.

Forfeiture proceedings are civil in nature

and do not require that a conviction be ob-

tained or even that a criminal case be -

filed. Unlike a criminal proceeding, where

guilt must be proven beyond a reasonable

doubt, in a civil forfeiture proceeding the

state needs to prove its case only by a pre-

Will junior high school students in California have to submit to drug tests? That is

ponderance of the evidence.

The ACLU is strongly opposed to ex-

panding forfeiture laws. The Boatwright

bill passed the Senate on April 26 and will

now be heard in the Assembly Public

Safety Committee.

Numerous proposals have also been in-

troduced to substantially increase already

what a bill currently pending in the state Assembly proposes.

RNS/Civil Liberties

high prison sentences for drug-related

crimes. The ACLU opposes these bills ar-

guing, in part, that instead of relying on

the criminal justice system the Legislature

should focus its efforts on the underlying

problems which lead to drug abuse and

expend its limited resources in providing

treatment and counseling programs for

persons with drug problems.

"Reliance on criminal punishment and

incarceration as the means to fight the war

on drugs has proven not only ineffective

but extremely costly," said ACLU

Legislative Director Margaret Pefia.

Pefia noted that California outpaced all

other states in prison population growth

during the 1980's. By 1995, the inmate

population is projected to be over 145,000

- over 55,000 more than today.

"A substantial percentage of this popu-

lation is incarcerated for drug-related of-

fenses," she explained. "If by 1995 the

state completes its proposed $7 billion pri-

son construction program, our prison sys-

tem will still be more than 130 percent

over Capacity."

These staggering numbers and costs

have prompted legislators to begin consi-

dering alternative proposals. SB 2315

(Lockyer) is one such important bill.

Relying on the recent report from the Blue

Ribbon Commission on Inmate

Population Management that current "pre-

vention efforts, intermediate sanctions and

Continued on page 6

Death Penalty

Ninth Circuit Hears Harris Appeal

ix weeks after saving Robert Harris

from San Quentin's gas chamber,

attorneys for the Death Row inmate

once again appeared before the Ninth

Circuit Court of Appeals, this time to

argue that the District Court was wrong in

denying Harris his day in court.

On May 14, San Diego attomeys

Charles Sevilla and Michael McCabe and

ACLU-NC Death Penalty Project Director

Michael Laurence appeared before a

three-judge panel consisting of Judges

John T. Noonan, Arthur Alarcon and

Melvin Brunetti in the Ceremonial

Courtroom in the San Francisco Federal

Building. Judge Noonan, sitting alone,

had issued the stay of execution on March

30. That stay was upheld by the US.

Supreme Court on April 2, thus averting

the first scheduled execution in California

in 23 years.

The defense attorneys asked the Ninth

Circuit panel to order an evidentiary hear-

ing in District Court so that crucial new

evidence about Harris's mental incapaci-

ties could be presented to the court. They

also asked that the panel appoint someone

other than U.S. District Court Judge

William Enright to conduct the hearing

since Enright, who earlier denied Harris a

stay of execution without an evidentiary

hearing, "has the appearance of impro-

priety and prejudgment."

In a 75-page brief presented to the

Ninth Circuit on April 15, Harris's attor-

neys argued, "Had [Harris's original] jur-

ors known that multiple, severe physical

and emotional disabilities, not a `cold and

calculated' heart produced Harris's impul-

sive, repugnant behaviors, it would not, in

all reasonable likelihood, have convicted

him of capital murder or condemned him

to die."

Harris's disabilities, including organic

brain disorder, fetal alcohol effect and post

traumatic stress disorder, all of which stem

from the severe physical and emotional

abuse inflicted on him from infancy by his

parents, made him incapable of commit-

ting the capital crime for which he was

about to be put to death, the attorneys

argued.

At the May 17 hearing, attorney

Sevilla told the court that these disabilities

were not discovered during his trial be-

cause the psychiatrists who were appoint-

ed to help with Harris's defense failed to

conduct a thorough evaluation.

Red flags ignored

Robert Harris had the right to "compe-

tent" psychiatric evaluation, Sevilla told

the panel, "not a warm body who holds a

degree." Even preliminary psychological

examinations raised numerous "red flags,"

he charged, which should have alerted the

psychiatrists to conduct further tests.

No further testing was done, however,

until many years later when Harris's attor-

neys, anxious that the execution date was

looming, arranged to pay for the tests

themselves. These recent, more thorough,

neuropsychological tests reveal that Harris

does not have the mental capacity to com-

mit a capital crime.

Sudden questioning

In the middle of the hour-long hearing,

the courtroom was stunned by a sudden

` question put to Deputy Attorney General

Louis Hanoian who was arguing the case

for the state. "Do you know that it is un-

professional conduct for a lawyer to try a

case in the press?" Judge Noonan asked.

Before Hanoian had a chance to an-

swer, Judge Alarcon interrupted the pro-

ceedings by calling a recess. All three

justices left the courtroom.

Judge Noonan returned alone to the

bench and continued to press Hanoian on

the issue. He noted that he was not accus-

ing Hanoian of any "unprofessional con-

duct," but that the code of conduct applied

particularly to government lawyers, espe-

cially to those who "hold high positions in

the government." Justice Noonan added

that after the Harris case is decided, he

plans to pursue the professional conduct

issue further concerning "`some of the law-

yers involved."

After a brief interchange, he left the

courtroom and returned with the other two

judges, and the hearing resumed.

Spectators were abuzz with specula-

tion as to whose statements might have

prompted Judge Noonan's angry ques-

_ tions. In the weeks and days preceding the

scheduled execution date, an enormous

amount of press attention was paid to this

case and the death penalty in general.

Attorney General Van De Kamp and

Governor George Deukmejian were both

critical of the "delays" in the case and the

stay of execution.

The panel gave no indication of when

it would rule on the request for an eviden-

tiary hearing or the appointment of a new

District Court judge to conduct it.

aclu news

june-july 1990

8 wh

an Francisco's World War II-era

curfew law was _ substantially

amended by the Board of

Supervisors as a direct response to an

ACLU-NC lawsuit charging that the old

law violated the constitutional rights of

minors.

The amended curfew law applies only

to minors under the age of 14, and is limit-

ed to the hours between midnight and 5:00

AM. The old law, on the books since

1942, covered minors under 18 between

the hours of 11:00 PM and 6:00 AM.

"Although we believe that curfews are,

by their very nature, an unconstitutional

infringement on personal liberty, passage

of this new law does represent a substan-

tial victory by severely limiting applica-

tion of the curfew," said ACLU-NC

cooperating attorney Stephen E. Taylor.

Taylor, along with attorneys Jan J.

Klohonatz and Howard A. Herman, all of

the San Francisco law firm of Kindel and

Anderson, and ACLU-NC staff attorney

Alan Schlosser filed a lawsuit in federal

court in 1988 challenging the old law.

In its challenge, the ACLU-NC repre-

ACLUN_1981.MODS ACLUN_1981.batch ACLUN_1982 ACLUN_1982.MODS ACLUN_1982.batch ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1984.batch ACLUN_1985 ACLUN_1985.MODS ACLUN_1985.batch ACLUN_1986 ACLUN_1986.MODS ACLUN_1986.batch ACLUN_1987 ACLUN_1987.MODS ACLUN_1987.batch ACLUN_1988 ACLUN_1988.MODS ACLUN_1988.batch ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1990.batch ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_1999 ACLUN_1999.MODS ACLUN_ladd ACLUN_ladd.MODS add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log sents three teenagers who were arrested

under the law and their parents. "The pres-

ence in public of these three teenagers and

others is a wholly innocent and constitu-

tionally protected exercise of their liberties

of free speech and association, privacy,

`and movement," Schlosser explained.

The old law was an "anachronism,"

Taylor said, "the purpose of which was

not to protect, but to punish.

"Unlike other laws used to protect

juveniles, violation of the curfew law is a

crime. Juveniles in violation of the curfew

law have been arrested, handcuffed,

searched, placed in paddy wagons, taken

to a police station, sent to juvenile proba-

tion officers and left with criminal re-

cords," he added.

Schlosser noted that the curfew ordi-

nance was used primarily against minority

youths. "Police Department statistics show

that African-American youths are dispro-

portionately arrested for curfew violations,

at a rate four times higher than their popu-

lation percentage in San Francisco," he

said.

Handcuffed and searched

One of the ACLU plaintiffs was

Donald McLemore, an 18-year old black

high school student who was stopped by a

police officer on a Friday night about

11:00 PM on his way to a high school

graduation celebration at Pier 39.

McLemore, who told the officer that had

his mother's permission to be out, was

handcuffed, searched and detained for

three hours at Central Station. McLemore

played a key role in convincing the Board

of Supervisors to pass the amendment by

telling his story in detail at Board of

Supervisors Committee hearing.

Another plaintiff, Leah Klein, was

waiting with her friends at a bus stop

around 10:30 PM when a police car

pulled up and ordered them to stand

against a wall. Klein told the officer she

lived nearby and asked permission to

board a bus. The officer told her that

while it was not yet curfew hour, it would

be by the time the officer finished. Klein

was arrested and detained at the Ingleside

Police Station for over three hours. She

was not released until her mother came to

the station.

Outdated

The ACLU lawsuit and subsequent ne-

gotiations with the City Attorney prompt-

ed public hearings at the Police

Commission, where a number of commu-

nity and youth leaders charged that the

old law was outdated. Enola Maxwell of

the Potrero Hill Neighborhood House and

Margaret Brodkin of Coleman Youth

Advocates both spoke about the need to

focus the city's limited resources on the

San Francisco Eases Curfew Law

real problems facing youth and advocated

a straightforward repeal of the law.

As a result of the hearings, the Police

Commission proposed lowering the age

limit and restricting the hours of the cur-

few. Police Commission President Louis

Giraudo stated, "We strongly believe that

a virtually unenforceable curfew law, one

that has been ignored for years by the

City's teenagers, is not practical and will

simply multiply problems the Police

Department already faces."

On April 9 the Board of Supervisors

debated for over 90 minutes before pass-

ing the amended law 6-4. Supervisor

Terence Hallinan, who introduced the res-

olution, argued, "The time is just not rea-

sonable, and unreasonable laws result in

disrespect for the law."

On date April 28, the new measure be-

came law without the Mayor's signature.

The law went into effect on May 29.

Schlosser said that although the law-

suit is still pending, the attorneys are dis-

cussing the implementation of the new

_law with the City Attorney and may even-

tually decide to terminate the lawsuit.

"This may be the narrowest curfew law in

the country," he said, "because it restricts

its coverage to the youngest juveniles. It

certainly addresses the principal problems

that our plaintiffs experienced," he added.

Doctor with AIDS Charges FBI

with Discrimination

Appeals Court Hears Arguments

harging error in a federal court

C ruling that an individual cannot

sue the federal government under

the Rehabilitation Act, ACLU-NC staff at-

torney Matthew Coles argued before a

three judge panel of the Ninth Circuit on

May 17 that the Federal Bureau of

Investigation (FBI) discriminated against

a doctor who has AIDS when the agency

stopped sending its employees to him for

physical examinations. -

Coles also argued that Dr. Doe's priva-

cy was invaded when the FBI used the in-

formation that he has AIDS to stop

sending agents to him. "The use of private

medical information violates the federal

Constitution every bit as much as disclo-

sure of information does," Coles said.

Dr. Doe, whose identity and place of

business are protected by court order, is

being represented by Coles, Jo Anne

Frankfurt of the Legal Aid Society's

Employment Law Center and Kirke M.

Hasson and Christopher Byers of the

Pillsbury, Madison and Sutro.

Dr. Doe had performed routine physi-

cal exams on FBI employees since 1984.

In 1988, when the FBI learned that Dr.

Doe had been diagnosed with Kaposi's

sarcoma, an AIDS-related illness, it

stopped sending employees to him. AIDS

"This case is about society's dreaded fear of

illness. If the U.S. government can escape

liability for acting against Dr. Doe because of

the illness it was supposed to ignore, then the

Rehabilitation Act's promise to disabled people

will be an empty one."

is considered a disability under the federal

Rehabilitation Act.

Coles told the three judge panel, con-

sisting of Judges Herbert Choy, Betty

Fletcher and District Court Judge James

Fitzgerald, "This case is about society's

dreaded fear of illness. If the U.S. govern-

ment can escape liability for acting against

Dr. Doe because of the illness it was sup- |

posed to ignore, then the Rehabilitation

Act's promise to disabled people will be

an empty one."

No medical risk

Both Dr. Doe and the hospital at which

he examined patients assured the FBI that

his patients faced no medical risk. When

the FBI refused to change its policy, Dr.

Doe brought suit in federal court.

During the U.S. District Court trial in

1989, numerous medical specialists ex-

plained that there was no danger of trans-

mission of HIV (the virus that causes

AIDS) from Dr. Doe to his patients during

the course of routine physical examina-

tions. Dr. George Rutherford, then head

of the Office of AIDS at the San

Francisco Department of Public Health,

testified that a health risk was "vanishing-

ly small."

"Had the U.S. government bothered to

ask its own agencies - the Centers for

Disease Control or the U.S. Department

of Pulbic Health, it would have also found

that there was no risk of HIV transmission

from the doctor to his patients. But San

Francisco director Richard Held did not

check with a doctor - he went to a lawy-

er instead," Coles said.

Judge Charles Legge, however, ruled

that Dr. Doe must file an internal admin-

istrative complaint with the Justice

Department rather than sue under the

Rehabilitation Act.

Coles explained that Dr. Doe is ap-

pealing the ruling because "lengthy ad-

ministrative remedies, such as the one

suggested by Judge Legge, are particular-

ly inappropriate for people with AIDS.

The process can go on longer than a per-

son with AIDS may be able to keep work-

ing," he said. In fact, Dr. Doe's illness

caused him to cease working at the hospi-

tal about a year after his suit was filed.

"There is a whole class of people, like

Dr. Doe, who are discriminated against

by the federal government. The 1978

amendments to the Rehabilitation Act

were designed by Congress to put the fed-

eral government on a par with agencies

that receive federal funding can can be

sued directly," Coles said.

Privacy rights

The appeal also challenged the

judge's ruling that the FBI did not violate

Dr. Doe's privacy rights when it used his

diagnosis to steer patients away from

him. "The agency took information that

should have been completely confidential

and used it in a way that hurt Dr. Doe ec-

onomically and emotionally," attorney

Frankfurt said.

"No employee who is fighting for life

should also be forced to fight for a job.

No employer - particularly our own

government - should deem itself above

the law in the use of confidential medical

information. The FBI's actions were med-

ically uninformed and morally reprehensi-

ble," she added.

aclu news

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Published by the American Civil Liberties Union of Northern California

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Membership $20 and up, of which 50 cents is for a subscription to the aclu news and

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aclu news

june-july 1990

Hite Eee E RoE D A Y

re ry S AF UR DA Y

7:30 - 8:30 am _ Breakfast

8:00 am _ Late registration

8:45 am Plenary session:

CAN FREE SPEECH AND EQUAL OPPORTUNITY CO-EXIST ON

OUR CAMPUSES ?

Part I: The ACLU, "Fighting Words" Policies,

and Regulating Harassing Speech

10:30 am Break

10:45 am Part II: Creative Responses to Racism, Sexism

and Homophobia

12:00 noon - Lunch break

Chapter Chairpersons' Lunch hosted by H. Lee Halterman,

Chairperson, ACLU of Northern California

1:00 pm ___~ Plenary Session:

STUDENT ACTIVISM - ALIVE AND WELL!

2:15 pm__- Break

2:30 pm Two Concurrent Workshops (Select one):

- The "Gay 90s?"-The Fight for Lesbian/Gay Rights

- Constitutional Casualties in the War on Drugs

3:30 pm__- Break

3:45 pm_ Film Showing: "HARD TRAVELLING" by Dan Bessie

(based on the novel, "Bread and A Stone" by Alvah Bessie)

5:00 pm_ Reception hosted by the Bill of Rights Campaign

6:00 - 7:00 pm ___ Dinner

7:30 pm___- Plenary Session:

THE FUTURE OF REPRODUCTIVE RIGHTS

9:00 pm Jazz and Rhythm and Blues by "Third Party"

4:00 pm_ Registration Opens

5:00 pm Welcoming Reception sponsored by Berkeley- Albany-

Richmond-Kensington Chapter

6:00 - 7:00 pm_ Dinner

7:30 pm Keynote Speech:

CIVIL LIBERTIES IN THE 1990s

Professor Troy Duster

Director, Institute for the Study of Social Change, University of California,

Berkeley

8:30 pm_ Film Showing: "BERKELEY IN THE SIXTIES"

S UN DA Y

7:30 - 8:30 am Breakfast

8:45 am Two Concurrent Training Sessions (Select One):

- How To Spot A Good ACLU Case

ACLUN_1981.MODS ACLUN_1981.batch ACLUN_1982 ACLUN_1982.MODS ACLUN_1982.batch ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1984.batch ACLUN_1985 ACLUN_1985.MODS ACLUN_1985.batch ACLUN_1986 ACLUN_1986.MODS ACLUN_1986.batch ACLUN_1987 ACLUN_1987.MODS ACLUN_1987.batch ACLUN_1988 ACLUN_1988.MODS ACLUN_1988.batch ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1990.batch ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_1999 ACLUN_1999.MODS ACLUN_ladd ACLUN_ladd.MODS add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log How To Put the "FUN" In Fundraising

9:45 am ___ Break

10:00 am Two Concurrent Workshops (Select One):

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Economic Justice

ACLUN_1981.MODS ACLUN_1981.batch ACLUN_1982 ACLUN_1982.MODS ACLUN_1982.batch ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1984.batch ACLUN_1985 ACLUN_1985.MODS ACLUN_1985.batch ACLUN_1986 ACLUN_1986.MODS ACLUN_1986.batch ACLUN_1987 ACLUN_1987.MODS ACLUN_1987.batch ACLUN_1988 ACLUN_1988.MODS ACLUN_1988.batch ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1990.batch ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_1999 ACLUN_1999.MODS ACLUN_ladd ACLUN_ladd.MODS add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log Organizing Citizen Review of the Police

1:00 am _-_- Break

IIs am Plenary session:

DEATH-DEFYING: NEW ARGUMENTS AGAINST THE DEATH PENALTY

12:30 pm Conference Closing

12:45 pm _ACLU-NC Board of Directors Meeting

Photo courtsey of "Berkeley in the Sixties"

Design Michael Cox

aclu news

june-july 1990 5

S PEA K ER S and

David Balabanian, Chair, ACLU Lawyers' Council

Marylou Breslin, Disability Rights Education and Defense Fund (DREDF)

Jim Chanin, attorney; former chair, ACLU Berkeley Chapter

Matthew Coles, ACLU-NC Staff Counsel

Margaret C. Crosby, ACLU-NC Staff Attorney

John Crew, Director, ACLU-NC Police Practices Project

*Gary Delgado, Center for Third World Organizing

Alfonso Diaz, Lavender Youth Information and Recreation Center

Dorothy M. Ehrlich, Executive Director, ACLU of Northern California

*Sinobia Emby-Nimmer, Emergency Services Network

Geneva Fernandez, Community United Against Violence

Margot Garey, Alameda County Public Defender

Maria Gil de Lamadrid, National Center for Lesbian Rights

Richard K. Grosboll, Chair, ACLU-NC Field Committee. Chair, 1990

Conference Committee

H. Lee Halterman, Chair, ACLU-NC Board of Directors;

Legislative Counsel to Congressman Ronald L. Dellums

Ron Hampton, National Black Police Officers' Association

rn cama ace tom me mamcanmase' |] Anne Jennings, National ACLU Board of Drector

The site, on 43 acres that stretch into the Berkeley hills, includes dorms, - Galen Kirkland, former Executive Director, New York Civil Rights

2 and 3 bedroom suites, a dining hall, theater and private gardens x Coalition

and patios. 1 *Uta Landy, President, Planned Parenthood Affiliates of California

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Ethel Long-Scott, Women's Economic Agenda Project -

There is a quarter-mile hillside running track (with Bay view!) and

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: : ae

Bear Recreation Center, which conference participants can utilize for a Dr. Ben Majors, Clinical Director, Planned Parenthood

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Clark Kerr Campus. The Downtown Beeley BART station is about 10 Education Project

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Barbara Nabors-Glass, Income Rights Project

Pedro Noguera, U. C. Berkeley Department of Education

Donna Ozawa, Lavender Youth Information and Recreation Center

Cliff Palefsky, McGuinn, Hillsman and Palefsky

*Manuel Romero, Mexican-American Legal Defense and Education Fund;

Bay Area Civil Rights Coalition

Margaret Russell, Professor of Law, Stanford University;

ACLU-NC Board of Directors

Representatives of the U. C. Berkeley United Front

Esta Soler, Executive Director, San Francisco Family Violence Project

*Kris Welch, KPFA Morning Show

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aclu news

june-july 1990

1990 ACLU-NC Board

Who is eligible to vote?

The by-laws of the ACLU of

Northern California call for the at-large

Directors of the Board to be elected by

the general membership. The general

membership are those members in good

standing who have joined or renewed

their membership within the last twelve

months.

The label affixed to this issue of the

ACLU News indicates on the top line

the year and month when your member-

ship expires.

If you are not eligible to vote, you

may choose to renew your membership,

and thereby resume your membership

in good standing, at the same time you

submit your ballot.

If you share a joint membership,

each individual is entitled to vote separ-

ately - two spaces are provided on the

ballot.

How are candidates nominated to

run for the Board of Directors?

The ACLU-NC by-laws permit two

methods of nomination. Candidates

may be nominated by the current Board

of Directors after consideration of the

Nominating Committee's recommenda-

tions. Candidates may also be nominat-

ed by petition bearing the signatures of

at least fifteen ACLU-NC members in

good standing.

Voting Information

Ballot Instructions

Candidates are listed on these pages

in alphabetical order. After marking

your ballot, clip it and enclose the bal-

lot and your address label from this is-

sue of the ACLU News in an envelope.

Your address label must be included in

order to insure voter eligibility.

Address the envelope to:

Elections Committee

ACLU of Northern California

1663 Mission Street, Suite 460

San Francisco, CA 94103

If you have a joint membership, you

may use both of the columns provided,

and each of the members may vote

separately.

If you wish to insure the confiden-

tiality of your ballot, insert your ballot

in a double envelope with the special

mailing label in the outer one. The en-

velopes will be separated before the

counting of the ballots.

Ballots must be returned to the

ACLU by noon on August 8, 1990.

There are eleven candidates running

to fill ten vacancies on the Board. You

may vote for up to ten candidates.

For your consideration, we are pub-

lishing brief statements submitted by

the candidates for election to the Board

of Directors.

War On Drugs =

Continued from page 1

programs for those incarcerated" are insuf-

ficient, this measure proposes a system of

intensive probation and parole supervision,

substance abuse treatment programs, and

other community-based options as alterna-

tives to state prisons for primarily nonvio-

lent drug offenders and parole violators.

The Lockyer bill, which is supported by

the ACLU, is pending in the Senate.

Drug legislation has not been limited to

the arena of criminal law, however. Harsh

laws have been proposed in the employ-

ment context as well. SB 2658 (Russell)

and AB 3350 (Wyman), as introduced,

would authorize state licensing boards to

automatically suspend or revoke the li-

cense of any licensee for a minimum of

three years if that person is convicted of

any drug-related offense.

"Conviction for possession of marijua-

na or other drugs is not necessarily related

to the qualifications or duties of the busi-

ness or profession for which the license

was issued," explained Pefia. "The enact-

ment of these use accountability laws are

counterproductive and should not be used

to punish persons and their families

through license and job forfeiture."

Strong opposition from the ACLU re-

sulted in the defeat of the Russell bill in

the Senate Judiciary Committee. The

Wyman bill has been substantially amend-

ed to remove many of the objectionable

provisions, however, it continues to apply

to state public officials.

More drug testing bills have also been

introduced this year. AB 3585 (Moore)

would authorize the random drug testing

of all seventh grade students with parental

consent. AB 4140 (Eaves) would authorize

pre- and post-employment drug testing for

all intrastate commercial vehicle drivers.

The ACLU strongly opposes both bills

- and drug testing in general since it con-

Stitutes an unreasonable search and sei-

zure under the Fourth Amendment as well

as violating federal and state privacy

rights. Although the ACLU was instru-

mental in defeating these bills in their first

policy committee hearings, both bills will

be reconsidered.

The drug war has entered the realm of

immigration law as well. Three bills, SB

1745 (Seymour), AB 3323 Johnson, and

AB 3819 (Roos), all require that the

names of all persons arrested for and/or

convicted of felonies be referred to the

Immigration and Naturalization Service

(INS) for the purpose of determining their

immigration status. Purportedly aimed at

refocusing INS efforts from workplace

raids to deporting drug-dealing undocu-

mented persons, the notification system

raises numerous due process concerns.

Perhaps most problematic is the fact

that the INS simply will not be able to de-

termine the legal status of every person ar-

rested. Forwarding hundreds of thousands

of names to the INS will inevitably result

in citizens, permanent residents and others

being subjected to unlawful detention,

deprivation of liberty and even deporta-

_tion hearings.

The ACLU is joined by other immi-

grant rights groups in actively opposing

these measures.

On a national level, Drug Czar

William Bennett's much-touted War on

Drugs has yielded draconian measures on

the streets, in housing projects and at the

workplace - and produced no detectable

benefit to the drug crisis. Hopefully, with

information and persuasion from the

ACLU and others who value civil liberties

and a solution to the drug crisis, legisla-

tors in Sacramento will not follow in

Bennett's footsteps.

David M.

Balabanian

Three years on the Board have given

me great pride in ACLU-NC and the de-

termination to render whatever help I

can.

My primary task has been establish-

ing the ACLU Lawyers Council as a

means of better mobilizing the resources

of the Bay Area legal community behind

the ACLU's work.

I would welcome the opportunity to

serve another term.

Incumbent: Yes

Nominated by: Board of Directors

Barbara Brenner

I had the good fortune to be a member

of the ACLU-NC Board from 1983 to

1989, I have served as chair of the Legal

and Development Committees, as a mem-

ber of the Executive and Legislative

Committees, and as the affiliate's repre-

sentative to the National ACLU Board.

Overall, I have 15 years of participation

in ACLU activities with three different

affiliates and the national organization.

Since leaving the local Board, I have con-

tinued as a member of the Legal

Committee and as a solicitor in the annu-

al fundraising campaign.

I believe that my experience can be of

vital importance in the struggle to protect

and expand civil liberties in the face of

ever-increasing attacks. I welcome the

opportunity to return to the fray.

Incumbent: No

Nominated by: Board of Directors

Antonio G.

Gonzales

It is a pleasure to be considered for a

' second term on the Board of Directors. As

an American-Indian, I am_ especially

proud to be a member of an organization

that struggles against a conservative ten-

dency within the U.S. Supreme Court in-

tent on eroding the common citizen's

rights to expression, speech and religion.

The special concern I bring to the

ACLU Board evolves around the death pe-

nalty and religious intolerance directed

against the American Indian community. I

also aim to further fellow Board mem-

bers'understanding of how indigenous

people's culture and way of life is greatly

neglected and misunderstood, resulting in

the denial of full and equal civil liberties.

The 1990's represents enormous chal-

lenges to the civil liberties community as

they must begin to integrate environmental

issues, desecration of burial sites, and

forced relocation of indigenous peoples

with traditional concepts of Freedom of

Religion. These are challenging perspec-

tives for the ACLU membership. I look

forward to participating in this process.

Incumbent: Yes

Nominated by: Board of Directors

Debbie Lee

Since 1984, I have served as an at-

large member of the ACLU-NC Board of

Directors. I have served as the Chair of the

Officer Nominating and Annual

Conference Committees and as a member

of the Field and Budget/Management

Committees.

Since 1976, I have worked as an acti-

vist in the fields of domestic violence, and

minority and women's rights. My interest

in civil liberties began through this work

as I became increasingly involved in state

legislation. I believe that the ACLU's

work through its public education and leg-

islative efforts plays a most critical role in

protecting civil liberties. I hope to contin-

ue this work and help bring the under-

standing and commitment of civil liberties

to a yet broader community.

Incumbent: Yes

Nominated by: Board of Directors

Tom Lockard

As the ACLU-NC Treasurer and a

aclu news

june-july 1990 7

of Directors Elections

member of the Investment Sub-Committee

of the Budget/Finance Committee, I have

learned a great deal about the complexity

of managing the finances of a successful

non-profit operation. I look forward to

continuing to work on matters of finance

as well as those areas of civil rights that in-

sure access to the legal system by immi-

grants and refugees.

Prior to becoming a banker in munici-

pal finance, I was a staff consultant to the

Foundation Task Force on Refugee

Affairs. Working out of the Central

YMCA, I assisted Bay Area social service

and philanthropic organizations in deliver-

ing services and funds to the growing com-

munities from Southeast Asia, Central

America and Eastern Europe.

Incumbent: Yes

Nominated by: Board of Directors

Jack Londen

I began my work with the ACLU-NC

as a cooperating attorney in Jamison vy.

Farabee, in which the ACLU obtained a

consent decree that restricted the drugging

of persons involuntarily committed to

mental institutions, and in McKamey v. Mt.

Diablo Unified School District, a success-

ful ACLU challenge to restrictions on ac-

cess to Ms. magazine in school libraries.

I have also worked on prison litigation,

gay rights litigation, indigent criminal de-

fense in trial and appellate courts, and pro-

tecting federal funding for legal services

programs. I have served as Chair of the

State Bar of California Legal Services

Section.

During my tenure on the ACLU-NC

Board, I have served on the Executive

Committee and the Ad Hoc Committee on

Free Speech at Stanford. I would be hon-

ored to continue on the Board.

Incumbent: Yes

Nominated by: Board of Directors

Trinidad Madrigal

I was asked last fall to fill an interim

seat on the ACLU-NC Board. As a Latina

woman, I am proud to be an integral part

of an organization that I have long ad-

mired. It was also reassuring to know that

the ACLU-NC is committed to "affirma-

tive action" recruitment of its Board

_ members.

I have been a legal services attorney

for almost 10 years. A majority of my cli-

ents are immigrants and refugees who are

frequently the victims of our government's

infringements of their civil liberties

through its immigration policies and dis-

crimination because of the color of their

skins.

The ACLU has historically been the

leader against discrimination and victimi-

zation of all people, including immigrants

and poor people. Last year when some

Salvadoran refugees went to _ the

Salvadoran consulate for a meeting, they

were harassed by the S.F. Police

Department although the S.F. "City of

Refuge" policy prohibited this. The ACLU

worked with other groups to expose the vi-

olation of the civil liberties of the

refugees.

I welcome the opportunity to continue

working with the ACLU-NC.

Incumbent: Yes

Nominated by: Board of Directors

Margaret Russell

As the San Francisco Chapter represen-

tative on the Board of Directors for the

past two years, I have served on the

Executive, Legal, Development, Board

Nominating, and Legislative Committees

as well as the Ad Hoc Committee on

Economic Rights.

In June 1989, I represented the affiliate

as part of the delegation to the ACLU

Biennial Conference in Madison,

Wisconsin.

As an attorney and law professor, I fo-

cus particularly on feminist theory and ra-

cial justice issues in my work. I have tried

to draw upon my commitment and ener-

gies in those areas especially in my contri-

butions to Board activities and discussions,

and hope to do so in the future as an at-

large member of the Board.

Incumbent: Yes

Nominated by: Board of Directors

Howard M.

Shryock

I have over 20 years experience as an

activist mainly engaged in fighting

against censorship of erotica, for separa-

tion of church and state, and for human

rights of "mental patients." For most of

that time I was an ACLU member but a

discouraged one because the ACLU was

and still is too weak on position and ac-

tion with those three causes. Iam now an

officer of CAL-ACT! (Californians

Against Censorship Together!).

I want the ACLU to make those three

causes and the defense of Roe v. Wade its

top priorities. I want the ACLU to crusade

against censorship of "obscenity" and

"fighting words" without compromise, and

to appeal to all of the ordinary working

people. For more information write to me

at PO Box 149, San Francisco, CA 94101.

Incumbent: No

Nominated by: Petition

Fran Strauss

It would be my privilege to return to

serve on the ACLU-NC Board.

Highlights of my ACLU-NC experi-

ences include: being a founder of the San

Francisco Chapter; establishing our

Complaint Desk; organizing what has be-

come our traditional Bill of Rights Day

Celebration and the Bill of Rights fund-

raising campaign.

Currently I serve on the Development,

Bill of Rights Fundraising, Bill of Rights

Day Celebration, Field and Annual

Conference committees and co-chair the

Student Outreach Committee.

It was my great honor to receive the

Lola Hanzel Courageous Advocacy Award

in December 1989.

Each day brings new testimony for the

need of continuous, hard and dedicated

work on behalf of our Constitution and

the Bill of Rights. I am part of that fight.

Incumbent: No

Nominated by: Board of Directors

Beverly Tucker

I am proud of my service for three

years as a member of the ACLU Board of

Directors. The ACLU is an organization

which responds effectively to every chal-

lenge to civil liberties.

I have served as the chair of the Ad

Hoc Committee on Attorney Fees, a mem-

ber and now chair of the Board

Nominating Committee, and a member of

the Executive Director Evaluation and

Personnel Committees.

As a labor union attorney, I particular-

ly appreciate the ACLU involvement in is-

sues that impact the lives of working

people. The ACLU has been vigilant in

defending the rights of minority group

members. Its commitment is reflected in

its personnel policies, its policy regarding

racist speech on campus, and in its legisla-

tive and litigation activities. Vote for me

as an advocate of workers' and minority

rights on the Board.

Incumbent: Yes

Nominated by: Board of Directors

ee ee ee ee ee ene eee ee ee ee ae ee ee

BALLOT

Vote for no more than ten candidates. Joint members use both

columns. Please read voting instructions before completing ballot.

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David M. Balabanian............ccccccccscccsccscee LJ

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I Barbara Brenner .........scscssscsssssssscoessesse LJ i)

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Antonio Gomez Gonzales .............c.0000c000 J Oo

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I Deb Die Lee oiiiscc:c.50cesesseeeesesscs-cotssacctveensess oO

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Tom LocK ard eccccseccsscseseeedecee sss leo o

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' Jack Londen ......cssscc.cccantec cc) Oo

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I Trinidad Madrigral ............ssccscssssssssssesece J a.

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Margaret Russell 0 0

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I Howard M. Shryock .........cccccscsscoosssesceoee LI i)

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aclu news

june-july 1990

`Taking Liberties"'

A monthly radio program on civil liberties

Wednesday, June 27

at 7:00 PM

KPFA 94.1 FM

and

KFCF 88.1 FM (Fresno)

Immigration Law: the Human

Costs: The federal government has just

released a report showing that the 3-year

old Immigration Reform and Control Act

has caused widespread discrimination

against "foreign" looking workers. Has

the law stemmed illegal immigration -

or just created a more hostile climate for

immigrant workers? Will Congress take

action to prevent employment discrimina-

tion or is there a national ID card in the

works?

Join guest Manuel Romero, attorney

with the Mexican American Legal

Defense and Education Fund. Hosted by

Elaine Elinson.

Wednesday, July 25

at 7:00 PM

Join special guest host Dorothy

Ehrlich for a program on "The War on

Drugs - Who's Winning, Who's

Losing?"

"Taking Liberties" explores how the

Bill of Rights affects our everyday lives.

The series is aired on KPFA and KFCF in

Fresno.

The monthly program, hosted by

ACLU-NC Public Information Director

Elaine Elinson, includes expert guests on

cutting edge civil liberties questions. It al-

so features a special section with civil lib-

erties news updates and information on

how listeners can make their voices heard

on crucial civil liberties issues.

Tune your radio dial to "T aly BING AEE

Anti-HUAC Protestors

Honored

n May 13, 1960 the stairs of the

QO San Francisco City Hall rotunda

were awash with water and blood.

The blood flowed from demonstrators -

mostly students - who were clubbed,

kicked, and dragged through City Hall by

police for opposing the infamous House

Un-American Activities Committee hear-

ings taking place in the Board of

Supervisors chambers. The water flowed

from fire hoses which were turned on the

demonstrators, literally hosing them down

the long marble staircase.

Thirty years later, on the very same

stairs, a historic reunion took place. At the

urging of the San Francisco Human

Rights Commission, Mayor Art Agnos de-

clared May 13, 1990 "Civil Liberties

Day," to honor the demonstrators, the

"hostile" witnesses, and the attorneys who

defended them.

"That landmark demonstration sound-

ed the death knell for the infamous public

hearings of HUAC," said Human Rights

Commissioner Vivian Hallinan, who

Marshall Krause, speaking on the stairs of City

Hall, was the one of the first to be arrested in

the anti-HUAC demonstration in 1960. Krause

later became an ACLU-NC staff attorney and a

member of the Board of Directors.

chaired the Civil Liberties Day

Celebration. "The following day, five

thousand gathered outside City Hall to

protest the police treatment of the demon-

strators. These historic actions launched

the protest movement of the 60's," she

added.

Over 150 people attended the event;

veterans of the 1960 demonstration wore

red carnations in their lapels. Following

the program in the rotunda, the crowd

marched up the stairs for an enthusiastic

meeting in the Supervisors hearing room.

Former ACLU-NC staff attorney

Marshall Krause spoke on behalf of the ar-

rested demonstrators. "I've been involved

in the justice system for 32 years and this

is one of the few times I've ever seen

complete justice done," he said. Krause

thanked the students "for being in the

forefront, and for reminding us of what

the ideals of this country are.

"T often think about how many people

were hurt by HUAC and how hard the

struggle was. But we were not moved

from our opposition to the

Committee and we_ prevailed,"

Krause said.

"Our City has come a long way

in 30 years," said Mayor Agnos,

"and has fought to maintain those

civil liberties which are so impor-

tant to the functioning of a free soci-

ety. We must remain vigilant in

protecting these freedoms - and

this special reunion will play an im-

portant part in letting the public

know of the heritage of freedom we

all share as a result of the courage

of these demonstrators."

Other speakers included attorney

Vincent Hallinan, now 93, who de-

fended the demonstrators, radio

commentator Bill Mandel whose

Stirring 1960 speech against

McCarthyite witch-hunting -_ has

echoed through the years, and dock-

workers' leader Bill Bailey who -

speaking in the hearing room in

which he was once vilified - urged

Courtesy of Human Rights Commission those present to carry on the fight.

Field Program Monthly

Meetings

Chapter

Meetings

(Chapter meetings are open to all inter-

ested members. Contact the chapter ac-

tivist listed for your area.)

B-A-R-K (Berkeley-Albany-Richmond-

Kensington) Chapter Meeting: (Usually

fourth Thursday) Members are encour-

aged to join the Chapter in organizing

for the 1990 ACLU Conference, set for

July 6-8 at Clark Kerr Campus, UC

Berkeley. Contact Tom Sarbaugh 415/

526-6376 (day) or Florence Piliavin

415/848-5195 (eve).

Earl Warren (Oakland/Alameda

County) Chapter Meeting: (Usually

second Wednesday) No June meeting.

Meet Wednesday, July 18, 7:30 PM,

586 Walavista Avenue, Oakland.

Planning for Annual Potluck Meeting;

Nominating Committee will be nomi-

nating candidates for the Board for the

upcoming year. Contact Abe Feinberg,

415/451-1122.

Fresno Chapter Meeting: (Usually

third Monday) Meet Monday, June 18.

New members always welcome! For lo-

cation of meetings, please call the

Chapter Hotline 209/225-7380 or con-

tact Gary Waldron, 209/221-1114 (eve.)

Gay Rights Chapter Meeting:

(Usually first Thursday) Meet

Thursday, June 7 and Thursday, July S.

Both meetings at 1663 Mission, #460,

SF. Help the Chapter staff information

tables at two upcoming Lesbian/Gay

Freedom Day Celebrations: Saturday,

June 16 in San Jose and Sunday, June

24 in San Francisco. For more informa-

tion, contact Mike Williams, 415/845-

4777.

Marin County Chapter Meeting:

(Third Monday) Monday, July 16 at

7:30 p.m., Round Table Pizza

Conference Room, Strawberry Canyon

Shopping Center, Mill Valley. For more

information, contact Jerry Ellersdorfer,

415/383-1074.

Mid-Peninsula (Palo Alto area)

Chapter Meeting: (Usually fourth

Wednesday) Meet Wednesday, June 27

at 8:00 PM, All Saints Episcopal

Church, 555 Waverly, Room 15, Palo

Alto. For more information, contact

Harry Anisgard, 415/856-9186 or

Leona Billings, 415/326-0926.

Monterey County Chapter Meeting:

(First Tuesday of the month) Meet

Tuesday, June 5 and July 3 at 7:30 PM

at the Monterey Library, Pacific and

Jefferson Streets, Monterey. For infor-

mation, contact Richard Criley, 408/

624-7562.

Mt. Diablo (Contra Costa County)

Chapter Meeting: (Now fourth

Thursday) Meet Thursday, June 28.

For meeting place and more informa-

tion, contact Mildred Starkie, 415/934-

0557. Calling all teachers: are you in-

terested in working with the chapter on

a "civil liberties essay contest" for stu-

dents? If so, contact Mildred Starkie,

number above.

North Peninsula (San Mateo area)

Chapter Meeting: (Usually third

Monday) Meet on Monday, June 18 at

7:30 PM, Bank of America, Third and

El Camino, San Mateo. Our July meet- -

ing will be a potluck dinner held at the

Skolnick residence in Soquel. Contact

Emily Skolnick, 340-9834. Note: The

North Pen. Chapter has a new

Hotline number: 579-1789.

North Valley (Shasta, Siskiyou,

Tehema, and _ Trinity Counties)

Chapter Meeting: (Usually fourth

Wednesday) Meet Wednesday, June 27.

For more information Contact Frank

Treadway, 916/365-4336 or 916/241-

7125

Sacramento Valley Chapter Meeting:

(Usually second Wednesday) Meet

Wednesday, June 13 and Wednesday,

July 11, 7:00 PM. For location and

more information, Contact Ruth Ordas,

916/488-9950

San Francisco Chapter Meeting:

(Usually fourth Monday) Chapter reor-

ganization meeting set for Monday,

June 25, 7:00 PM. at ACLU office,

1663 Mission, #460, SF. RSVP to 415/

621-2493. For more information about

chapter activities, contact David Scott,

415/285-8831 or Lee Seville, 415/681-

4747.

Santa Clara Valley Chapter Meeting:

(Usually first Tuesday) Meet Tuesday,

July 3 at 7:00 PM, Commerce Bank

Building, 111 West St. John Street, 2nd

Floor Conference Room. Contact John

Holly, 408/554-9478.

Santa Cruz County Chapter Meeting:

Special meeting Tuesday, June 12, 7:30

PM, Louden Nelson Center. Public dis-

cussion (free admission) on Freedom of

Expression vs. Censorship in the

Media and the Arts featuring Geoffry

Dunn, local author; Chuck Hilgar, cura-

tor of Santa Cruz Art Museum; Neil

Coonerty, owner, Bookshop Santa Cruz.

No meeting in July. Contact Sy

Schwartz, 408/462-2093, for further

information.

Sonoma County Chapter Meeting:

(Third Thursday of the month) Meet

Thursday, June 21, 7:30 PM, Roseland

Community Law Office, 1680

Sebastopol Road, Santa Rosa. All mem-

bers welcome. Contact Fran Byrn, 707/

546-3237.

Yolo County Chapter Meeting: (Third

Thursday of the month) Meet Thursday,

June 21. For more information, contact

Doug Powers, 916/756-8274.

Field

Committee

Meetings

(All meetings except those noted will be

held at the ACLU-NC Office, 1663

Mission Street, Suite 460, San

Francisco. To RSVP, or for more infor-

mation, contact Marcia Gallo at the

ACLU`NC 415/621-2493.)

Student Outreach Committee:

(Usually third Saturday) Our meeting

in July will take place immediately fol-

lowing the conclusion of the Annual

Conference - Sunday, July 8, at Clark

Kerr Campus, UC Berkeley. Our special

guest will be Nancy Murray, director of

the Massachusetts Civil Liberties

Union's Bill of Rights Education

Project. Attention Teachers: Please

join our committee as we plan for

September, 1990! Next regular meeting

is Saturday, August 18, 10:30 AM -

12:30 PM, at the ACLU.

Pro-Choice Action Campaign: Our

next meeting will be held on Tuesday,

June 12, 6:00 p.m. to organize for the

upcoming Annual Conference and the

special plenary session on "The Future

of Reproductive Rights." We will meet

again on Tuesday, July 17, 6:00 PM.

Death Penalty Action Campaign:

Next meeting is Wednesday, July 18,

7:00 PM.