vol. 54, no. 4
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aclu news
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ORGANIZATION
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PERMIT NO. 4424
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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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):
- Surviving in the 90s - Fighting for Healthcare, Housing, and
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
Michael Laurence, Director, ACLU Death Penalty Project
Ethel Long-Scott, Women's Economic Agenda Project -
There is a quarter-mile hillside running track (with Bay view!) and
a 25-yard outdoor swimming pool. Adjacent to the campus is the Golden
: : ae
Bear Recreation Center, which conference participants can utilize for a Dr. Ben Majors, Clinical Director, Planned Parenthood
nominal fee. Diablo/Shasta/Walnut Creek
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Clark Kerr Campus. The Downtown Beeley BART station is about 10 Education Project
blocks from the campus, and AC Transit buses stop nearby. . : :
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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ae ee a
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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Fran Strauss = 0 0
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I Beverly PUCK CM: ..ccccccess eccesescsesscnsssossiosses (c) i)
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.