vol. 56, no. 2
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Volume LVI
march - april 1992
No. 2
Supported by Broad Coalition
Speaker Introduces Sweeping Civil Rights Bill
hen Assembly Speaker Willie
Brown - flanked by represen-
_tatives of a wide range of civil.
rights groups - introduced the California
Civil Rights Restoration Act of 1992 into
the California Legislature March 3, he
launched a new era in state civil rights
reform. The comprehensive civil rights
bill, AB 3825, would restore the power of
the California Fair Employment and
Housing Commission to provide relief for
victims of housing and employment dis-
crimination, outlaw job and housing dis-
crimination against lesbians, gay men and
people with disabilities, prohibit English-
only workplace rules, and strengthen the
Unruh Civil Rights Act.
The California Civil Rights Restoration
Act of 1992 is the product of an unprece-
dented, broad-based coalition of civil
rights, labor and community organizations,
who joined together to formulate a legisla-
tive strategy that would once again make
California a leader in protecting its citizens
against discrimination.
"This is the most important civil rights
bill in California in nearly three decades,
backed by the most wide-ranging coalition
in recent history," said ACLU Legislative
Advocate Francisco Lobaco.
Representatives of nearly 20 organiza-
tions, including the California Civil Rights
Conference, the ACLU, the Mexican
American Legal Defense and Educational
Fund (MALDEFP), the National Organization
for Women (NOW), the California Rural
Legal Assistance Foundation, the Center
for Independent Living, and Consumers
Union, appeared with Brown at a
Sacramento press conference announcing
the new legislation. :
~- "We no longer can just be African-
American or disabled people or Latinos,
said Eva Jefferson Paterson, chair of the
Bay Area Coalition for Civil Rights. "We
ik
C
A wide range of civil liberties and civil rights groups are working to ensure the passage of the Civil Rights Restoration Act of
1992.
Ann Rushing
must work together."
For nearly 100 years, California had
the toughest civil rights legislation in the
country. During the past five years, deci-
sions by the California Supreme Court -
the majority of which was appointed by
former Governor George Deukmejian -
have begun to tear apart the state's civil
rights statutes, piece by piece. "Due to the
Supreme Court's use of judicial brass
knuckles, California's civil rights law is
now weaker than federal law," said Eric
Vega, acting chair of the California Civil
Rights Conference, an statewide organiza-
tion formed in response to the deteriorat-
ing human rights climate.
AB 3825 would restore many of the
rights overturned by. four recent state
Supreme Court decisions, revive three
Picture was in "Asian Mugbook'"'
Innocent Man Sues Police
r ; Yed Nguyen, a self-employed con-
tractor in San Jose, was arrested by
San Jose police officers in March
1991. He spent over 90 days in jail and
thousands of dollars in legal fees. His
crime - absolutely nothing, except that a
year earlier, without his knowledge, the
police had put his photo in their controver-
sial "Asian Photo Album."
On March 10, the ACLU-NC filed a
suit in Santa Clara County Superior Court
on Nguyen's behalf, charging that officers
of the San Jose Police Department vio-
lated his rights to privacy, due process and
equal protection.
Nguyen is represented by ACLU-NC
staff attorney Alan Schlosser, cooperating
attorneys Edward Davis and Michael La
Bianca of the San Jose office of Pillsbury,
Madison and Sutro and Donna Yamashiro
of the Asian Law Alliance.
In the spring of 1990, Nguyen drove
up to a friend's house in San Jose where
San Jose police were conducting a narcot-
ics investigation. After the police con-
fronted him, he was taken to the station
for questioning and subsequently released
without charges. While at the station,
without his consent, Nguyen's photo was
taken. Without his knowledge, his photo-
graph was placed by the police in their
Asian Photo Album, a two volume mug-
book containing over 400 photographs,
95% of Vietnamese men.
"Despite the fact that many of the indi-
viduals depicted in the book had never
been accused of criminal activity, much
less arrested or convicted of it, the very
inclusion of a Vietnamese individual's
photo in this book was enough to stigma-
tize that individual as a criminal or a crim-
inal suspect by those who viewed the
album," said attorney Davis. "Nguyen
spent 90 days in jail and had to go through
this nightmare for something he didn't
do."
In March 1991, the police were inves-
tigating a robbery allegedly committed by
a group of Vietnamese men. The victim
was shown the Asian Photo Album and
led to believe that there was a high likeli-
hood that she would find her victimizer in
this "rogues" gallery." The victim pointed
out two photographs - one of which was
Nguyen's - which she said looked simi-
lar to the robbers. The police did not
arrange a line-up to require the victim to
identify Nguyen in person. Rather, based
solely on the identification from the pho-
Continued on page 7
measures vetoed by the Governor last ses-
sion and give California some of the
toughest laws in the country.
The California Civil Rights Restoration
Act of 1992 would:
- Overturn four recent Supreme Court
decisions which severely restrict the reme-
dies available to victims of unlawful dis-
crimination;
- Strengthen protections against job
discrimination for disabled people and
bring the state into compliance with the
federal Americans with Disabilities Act;
- Restore the authority of the
California Fair Employment and Housing
Commission to award meaningful relief to
victims of employment and housing dis-
crimination;
- Restore the Unruh Civil Rights Act
to what it was prior to the California
Supreme Court ruling in Harris vy. Capital
Investments, thereby prohibiting all forms
of arbitrary discrimination, including arbi-
trary economic discrimination;
- Ban job and housing discrimination
against gays and lesbians and affirm court
decisions which hold that discrimination
on the basis of sexual orientation is prohib-
ited;
Prohibit employers from making
rules requiring only English be spoken in
the workplace unless justified by a busi-
ness necessity;
- Prohibit discrimination in housing
against persons with disabilities or chil-
dren, thus bringing the state into compli-
ance with the federal Fair Housing
Amendments Act.
Individual bills addressing each of
`Dave the Datel
- ACLU-N C Anaad! Conference
-- August 22-24, 1992
UAC. Davis
Watch future issues of the ACLU News
for more information, or
call Field Representative Nancy Otto at 415/621 -2493,
these concerns have also been introduced
in the Legislature and will continue to be
supported by the ACLU and other groups.
However, by combining the provisions into
one omnibus measure, proponents hope to
overcome the obstacles faced by earlier,
less comprehensive civil rights legislation.
"Opponents of civil rights are extremely
influential in Sacramento," said Lobaco.
"The advocates of unfair housing and job
discrimination prowl the halls of the state
Capitol stalling, defeating and watering
down anti-discrimination efforts. This...
measure welds together consumers, minor-
ities, women, persons with disabilities,
gays and lesbians and people of conscience
into the most far-reaching civil rights act in
the history of California." :
On March 13, President Pro Tem of the
Senate David Roberti, principal co-author
of the bill, held a press conference in sup-
port of the legislation, thus assuring the
full support of the legislative leadership on
the bill in both the Assembly and the
Senate.
"T think Pete Wilson will find it real
difficult to mess around with the Civil
Rights Act of 1992," said Brown. "This
multi-faceted measure will once again
make California a leader in the protection
of its citizens against discrimination. We
simply cannot afford to allow a Supreme
Court to dismantle 100 years of civil rights
law," Brown added.
As the bill is currently heading for key
committee hearings, Lobaco urged all
ACLU members to write to their state leg-
islators urging them to support this crucial
legislation. 0
aclu news
mar - apr 1992
by Jean Field
ettye Davis and her family, whose
B Richmond home was invaded and
ransacked by police officers and
Department of Corrections agents
in 1988, have reached a partial settlement
with the City of Richmond and _ the
Richmond Police Department as the result
of an ACLU-NC lawsuit.
Although the law enforcement officers
claimed they were conducting a parole
search involving Davis's husband, Davis's
attorneys argued that individuals -do not
lose their civil rights simply because they
live with a parolee.
The settlement, which awaits final
approval by the Contra Costa Superior
Court, has the Richmond. Police
Department put into writing key aspects of
a policy on lawful parole search proce-
dures. The policy limits the scope of a
parole search with respect to persons liv-
` ing with a parolee, and ensures that offi-
cers are trained in search procedures that
respect the rights of those who live with
parolees. Davis and her family also will
receive $50,000 in damages.
"One of our main objectives was to
ensure what happened to Bettye Davis
wouldn't happen again," said cooperating
attorney Suzanne Janissen of Pillsbury,
Madison and Sutro. Janissen and John
Leflar, also of Pillsbury, and ACLU-NC
staff attorney Ed Chen represent Davis.
On a quiet September evening, 12 law
enforcement officers - eight Richmond
police officers and four Department of
Corrections agents - knocked down the
front and back doors of Davis's home, and
entered without permission or a warrant.
With their guns drawn, they handcuffed
Victim of Destructive Police Search
Richmond FamilyWins Partial Settlement
Davis and her 18-year-old son. The offi-
cers searched the house, destroying
Davis's personal belongings and scattering
her late husband's ashes, as a TV camera
crew filmed the event for an upcoming
program. Her 5-year-old stepson was
forced to sit on the couch and witness the
event. Davis's 15-year-old son, who
arrived during the search, was stopped by
an armed officer on the front lawn and
prevented from entering his home. His
belongings were searched in full view of
his neighbors.
"You can't treat people like that just
because they live with a parolee," said
Janissen. "There was no written policy in
Richmond about the limits of a parole
search, and many officers had no training
whatsoever. These officers had a funda-
mental lack of understanding about what
the law allows."
As a result of the settlement, the
Richmond Police agreed to put in a written
settlement agreement key aspects of a pol-
icy on lawful parole search procedures,
including:
e Officers may only search areas and
personal property that they "reasonably
suspect" are owned, occupied or con-
trolled by the parolee. Living with a
parolee is not sufficient to create reason-
able suspicion that all personal property
found on the premises is owned, possessed
or controlled by the parolee.
e Officers may not force their way into
a home until the residents have had a rea-
sonable time to respond to a "knock and
announce," except in special circum-
stances.
e During the search, officers may not
"pat down" or handcuff anyone but the
parolee unless officers have reasonable
Mt. Davidson Cross Ruling
to Be Appealed
by Jane Bailie
ollowing an unfavorable ruling in
- US. District Court, the ACLU-NC
and other organizations concerned
with religious liberty are planning to
appeal a decision that allows the City of
San Francisco to own and maintain the
huge cross on Mt. Davidson.
The 103-foot-tall religious symbol, the
largest cross in the United States, stands in
a public park atop the highest peak in San
Francisco, and at the center of an extended
controversy between city officials and
civil libertarians over federal and state
constitutional provisions regarding the
separation of church and state.
The ACLU-NC, the American Jewish
Congress (AJC), and Americans United
for the Separation of Church and State, on
behalf of seven individuals representing
various religious communities, will appeal
the January 16 ruling by U.S. District
Judge John P. Vukasin. The judge deter-
mined that city ownership and mainte-
nance of the cross does not indicate that
the local government aligns itself with
Christianity, and is therefore constitu-
tional.
But ACLU-NC staff attorney Margaret
Crosby disagrees. "The government's dis-
play of the Mount Davidson cross broad-
casts a message of exclusion to members
of minority religions. In San Francisco,
with its diverse population, people of all
faiths should feel welcome in public
parks," she added.
The lawsuit, Carpenter yv. San
Francisco, was filed on behalf of
Reverend Victor Carpenter, minister of the
First Unitarian Church of San Francisco,
Reverend James Lowder, pastor of
Dolores Street Baptist Church, Rabbi
Allen B. Bennett, regional executive direc-
"The government's
display of the Mount
Davidson cross
broadcasts a message of
exclusion to members of
minority religions."
tor of the American Jewish Congress, and
Ron Nakasone, a Buddhist priest and pro-
fessor of theology at the Institute of
Buddhist Studies, as well as several San
Franciscans who live or work within the
view of the towering religious symbol.
Crosby, Thomas Steel of Americans
United for Separation of Chruch and State
and Fred Blum of AJC asked the City and
County of San Francisco to divest itself of
the ownership and maintenance of the
cross. The lawsuit charged that the City's
placing a huge Christian symbol in a pub-
lic park makes many people feel like out-
siders who are not welcome in city parks.
"T feel that the ownership of the cross
by the City sends a message that the Bay
Area is a Christian community and that
members of non-Chrisitian faiths are sec-
ond-class citizens whose views are disfa-
vored," said Buddhist priest Nakasone.
But Vukasin said the message of the
cross, dedicated by President Franklin D.
Roosevelt in 1934, should be interpreted
as historical rather than ecclesastical since
"it serves as a reminder of the past."
Not so, said attorney Steel. "History
alone cannot justify this cross," he said.
"It broadcasts the message to people of
minority faiths that they are...less power-
ful than people of the majority faith."
Jane Bailie is an ACLU News intern.
Bettye Davis
Ric Rocamora
suspicion that the person is armed or
presents a threat to officer safety.
e The premises searched must be
restored to the condition in which they
were found, to the extent reasonably prac-
ticable, and an inventory of property
seized must be left at the residence. In
addition, occupants must be advised of
their right to compensation for unneces-
sary damage.
cent No one, other than those reasonably
necessary to the search, may attend the
search unless all the residents (except the
parolee) consent.
e Officers cannot use a parole search as
a means to enter a residence without a
watrant in order to search for evidence of
criminal activity by someone other than
the parolee.
cent Citizen complaints about an officer's
conduct during a parole search must be
investigated promptly and thoroughly by
the Internal Affairs Office or the officer's
supervisor.
e The Police Department's Major
Offender Resource Officer, appointed in
March 1989, must monitor changes and
developments in state and federal parole-
search laws, and make sure Richmond
police officers and the Department's
Training officer are aware of them.
The lawsuit, Bettye Davis et al. v. the
California Department of Corrections, et
al., is still pending against the Department
of Corrections and its Director. The trial is
set for May 5 in Contra Costa Superior
Court before Judge Peter Spinetta.
Jean Field is an assistant in the Public
Information Department.
aclu news
issues a year, monthly except bi-monthly in January-February, June-July, August-
September and October/November.
Published by the American Civil Liberties Union of Northern California
Milton Estes, Chairperson
Dorothy Ehrlich, Executive Director
Elaine Elinson, Editor
Marcia Gallo, Field Page
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(415) 621-2488
Membership $20 and up, of which 50 cents is for a subscription to theaclu news and
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aciu news
mar - apr 1992 3
Clemency Sought for Robert Harris
California from resuming executions
by killing a man who suffers from
Fetal Alcohol Syndrome, Robert Harris's
attorneys filed a petition for clemency with
Governor Pete Wilson on March 18. The
petition was filed by Howard I. Friedman,
a partner in the Los Angeles law firm of
Loeb and Loeb, who said that "the unique
circumstances of this case make life with-
out possibility of parole a more appropriate
sentence for Mr. Harris."
Harris's defense team, which includes
Michael Laurence, Director of the ACLU-
NC Death Penalty Project, welcomed the
assistance of Friedman, a renowned civil
litigator and superb trial attorney.
Governor Wilson, speaking to reporters
at a press conference in Sonoma on March
23, said that he would hold a clemency
hearing for Harris. "Clemency, by defini-
tion, is an act of executive mercy. It doesn't
go to the question of guilt - that is long
since settled - nor does it go to the wis-
dom of capital punishment. It is purely and
simply an act of executive mercy."
ACLU-NC Executive Director Dorothy
Ehrlich was encouraged by the Governor's
statements. "It suggests the Governor is
taking seriously his important responsibil-
ity as chief executive."
"The clemency hearing will be the first
time that any decision maker has granted
to hear the new evidence that Harris suf-
fered from Fetal Alcohol Syndrome and
organic brain damage," Ehrlich said.
The Governor subsequently set a clem-
ency hearing - with one hour for each
side - for April 15 at the state Capitol in
Sacramento.
On March 27, Attorney Friedman asked
the Governor to grant a 30-day reprieve to
allow for proper presentation of the case.
Friedman also stated that a one hour time
limit does not afford a "reasonable oppor-
tunity to prepare and present the material
needed for a fully informed clemency
decision."
At press time, the Governnor still had
not responded to Friedman's request.
"There hasn't been a clemency hearing in
this state in over 25 years," said Ehrlich.
"This is an opportunity to shape the way
future hearings will be held. There will be
an impact on cases that will come later and
it is very important to develop fair proce-
dures."
I: an attempt to prevent the state of
Fetal Alcohol Syndrome
Despite the fact that leading mental
health experts all agree that Robert Harris
suffers from Fetal Alcohol Syndrome
(FAS), Organic Brain Damage, and Post-
Traumatic Stress Disorder caused by years
of abandonment and horrific child abuse
by his parents, no court has granted an
evidentiary hearing on the new evidence,
nor had the trial jury that sentenced Harris
to death ever heard that compelling
evidence.
"The jury that sentenced Robert Harris
to death heard only misleading and false
testimony from a prosecution `expert,""
Laurence charged.
Harris's mental disabilities stem from
his birth, which was awash with alcohol
and marked by violence. He was born three
months premature when his drunken father
kicked his mother repeatedly in her stom-
ach and crotch with his combat boots.
Because of his mother's alcohol consump-
tion during her pregnancy, Harris was born
with Fetal Alcohol Syndrome, which
resulted in irreversible mental and emo-
tional impairments.
Throughout his childhood, he was
repeatedly beaten, including being
knocked out of his high chair at the age of
two. His father would not let anyone help
the bleeding baby but instead picked him
up and threw him on a bed. Harris bled
clear through his pillow. He was taken to
the hospital only after his father had fallen
asleep.
At age fourteen, Harris who had been
working with his family as a migrant farm-
worker, was abandoned in a tomato field
outside Marysville.
The physical and psychological effects
The U.S. Supreme Court denial of Robert Harris's appeal led to outrage and action
by death penalty foes. Above, a protestor in front of the San Francisco Federal
Building at a rally on the day of the ruling.
Paul Chinn, San Francisco Examiner
of the unrelenting abuse inflicted on him
during his childhood and even before he
was born, left Robert Harris a severely
damaged individual. His mother's heavy
Tuesdays /Fridays, March 24 to April 17
-- Leafleting Every Tuesday and Friday at
noon, death penalty opponents will leaflet in
drinking while pregnant with him led to
Harris being born with the irreversible
brain disorder known as FAS. He has
many of the hallmarks of FAS, including
20
Morning - Beginning at 7 o.m., penalty
foes will march from the Palace of the Legion of
Honor in San Francisco to San Quentin.
at San Quentin and
Evening - All-night
intellectual deficiencies, hyperactivity,
poor coordination and motor control and
deficiencies in growth and emotional
development.
Because of his poverty and subsequent
inadequate psychological evaluation, the
jury that sentenced Harris to death was
unaware of his disabilities and never knew
that he lacked the mental capability to
commit the crime for which he was sen-
tenced to death - premeditated murder.
"Despite his mental disabilities,
because of his poverty, Robert Harris
never received a minimally adequate psy-
chiatric examination at trial," said
Laurence. "It was not until the defense
team - at its own expense - brought in
competent psychiatric examiners in 1990,
that the true extent of Harris's organic
brain disorders came to light."
Support for Clemency
Support for clemency has come from
many quarters, including the religious
community, medical and psychological
experts, politicians and even some law
enforcement officials. San Francisco
Sheriff Michael Hennessey wrote to
Wilson urging him to commute the death
sentence. "For the state of California to
commit premeditated murder by taking
Harris's life, to me, is just as despicable
{as Harris's crime]."
"Although the majority of Californians
support the death penalty in the abstract,
the overwhelming majority oppose execut-
ing brain damaged individuals," said
Laurence.
The clemency petition was filed fol-
lowing a March 2 decision by the United
States Supreme Court which denied
Robert Harris's appeal to overturn the
Ninth Circuit's 1991 2-1 decision denying
him a new trial.
Charging that with its March 2 deci-
sion, the U.S. Supreme Court "officially
turned its back on its historic responsibil-
ity to protect the rights of all people,"
Laurence filed a new motion on behalf of
Harris in the Ninth Circuit Court of
Appeals. The basis of that motion was
startling new evidence that proved that a
1976 EEG examination of Robert Harris
- the examination that the appellate court
relied on in rejecting the last appeal -
was administered by inmates at the
California Men's Colony, rather than by
trained technicians. In support of the
motion, Harris's attorneys submitted sev-
eral declarations from medical experts,
including two calling the 1976 results
"Invalid."
However, that motion was rejected on
March 6.
Laurence said, "The Constitution was
not designed to protect only those who can
afford justice, but rather was intended to
`ensure that indigent people are not sen-
tenced to die merely because they lack the
resources necessary to mount a defense."
To order materials, to find out about
events in your area, or to get involved
in the anti-death penalty activities, call
ACLU-NC Field Representative Nancy
Otto, at 415/621-2493 or Death
Penalty Focus at 510/452-9505.
aclu news
mar - apr 1992
ne year ago on March 3, Rodney
King was beaten by Los Angeles
police officers. The videotaped
incident catapulted the issue of police bru-
tality into living rooms around the nation.
"In the year since, government offi-
cials, legislators and police departments
have been doing a lot of talking about the
problems of police abuse. But there's been
far too little action,' said John Crew,
Director of the ACLU-NC Police
Practices Project. "Police abuse, espe-
cially against people of color, remains a
major problem, nationally and in the Bay
Area."
For example, 575 allegations of police
brutality were reported to San Francisco's
Office of Citizen Complaints in 1991 - a
20% increase over the previous year. In
San Leandro, high school students were
beaten by police because they protested
the arrest of student for jaywalking. In
Alameda, it was disclosed that a number
of officers were making racist remarks
and sometimes threats via their police
computers.
Prentice Earl Sanders of Officers for
Justice said, "Police sometimes forget
`who they work for - they work for citi-
zens, they are not an entity unto them-
selves. Their duty is as peace makers and
fact gatherers and they are charged with
maintaining peace and public safety -
but because of incidents experienced by
certain ethnic groups and lower socioeco-
nomic groups, the police have become an
enemy not a friend. This is unfortunate -
it's time for a change inside police organi-
zations and time for the public to force a
change," said the veteran police officer.
National Coalition
The newly formed National Coalition
for Police Accountability called for March
3 to be a National Day of Protest to stop
police abuse. Educational forums, rallies
and other events took place to call atten-
tion to the inaction of public officials in
the year since the King beating.
At a San Francisco press conference
co-sponsored by the American Civil
Liberties Union of Northern California
and the Bay Area chapter of the National
Coalition for Police Accountability, orga-
nizers announced new strategies aimed at
bringing about real and lasting reforms of
police practices:
cent The ACLU released its new publica-
tion Fighting Police Abuse: A Community
Action Manual, which will be distributed
to a wide range of groups, including civil
rights organizations, advocates for the
homeless, gay rights groups, and commu-
nity and civic leaders across the country.
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_1989.batch ACLUN_1990 ACLUN_1990.MODS ACLUN_1990.batch ACLUN_1991 ACLUN_1991.MODS ACLUN_1991.batch ACLUN_1992 ACLUN_1992.MODS ACLUN_1992.batch 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 Citing the need for public pressure
on elected officials to reverse a "dreadful
legislative record" on police abuse issues,
the ACLU called for the defeat of the
"rogue cop protection bill" (AB 2067) in
the California Legislature and the passage
of the Police Accountability Act (HR
2972) in Congress (see articles this page).
0x00B0 Recruiting lawyers to litigate police
abuse cases involving people of color is a
priority of the Racial Violence Project of
the San Francisco Lawyers Committee for
Urban Affairs.
cent The Racial Violence Project is redou-
bling its efforts to educate community
groups that police violence is hate vio-
_lence.
cent The Bay Area chapter of the National
Coalition for Police Accountability
(BACPA) is kicked off its campaign with
a noon rally at UC Berkeley and a stand-
ing room only forum featuring Dolores
Huerta at the Mission Cultural Center in
San Franicsco.
Community Action
"We are calling on communities to
unite to stop police abuse," said Andrea
Prichett of BACPA and COPWATCH.
"Besides fighting legal battles against vio-
Rodney King - cent
Police Watchdog Gro
Strategies to Sten
Inspector Earl Sanders of Officers for Justice, Diane Chin, and John Crew (r.-1.) decry lack 0 government action to stem police
abuse at San Francisco press conference marking the one year anniversary of the Rodney King beating.
Union Maid
"There can be a no more outrageous experience
than to be attacked or threatened by those whose
responsibility it is to protect you, or to be
mistreated when calling upon law enforcement
after being victimized in an incident of
racially-motivated violence."
-Diane Chin
Racial Violence Project
lent officers and unjust police policies,
every citizen must take responsibility to
keep an eye on the police."
Crew noted that the new ACLU man-
ual Fighting Police Abuse provides a rec-
ipe of strategies for communities
struggling to reform local law enforcement
agencies. While noting that stubborn prob-
lems of police abuse may be complex, the
manual emphasizes that by employing
some of the suggested plans, "even one
person or a small group of persistent peo-
ple can make a big difference." These sug-
gestions include: - establishing or
strengthening civilian review systems;
conducting educational campaigns; using
open record laws to evaluate police inci-
dents and procedures; reforming deadly
force and use of force policies; improving
police training; encouraging diversity in
recruitment and promotion of officers; and
monitoring police actions on the street.
Hate Crimes
"There can be a no more outrageous
experience than to be attacked or threat-
ened by those whose responsibility it is to
protect you, or to be mistreated when call-
ing upon law enforcement after being vic-
timized in an incident of racially-
motivated violence," said Diane Chin of
the Racial Violence Project of the San
Francisco Lawyers Committee on Urban
Affairs. "It is the responsibility of all peo-
ple of conscience to begin to effectively
address the issue of police abuse and mis-
conduct. Until this happens, the guardians
will not be trusted and hate crimes will not
be reported and fully confronted."
Sanders added, "Law enforcement offi-
cers work for public and the public is
made up of everybody - not just those
persons of a privileged class. A poor
homeless person should get the same treat-
ment from police as the affluent socialite."
"We must put the issue of police bru-
tality on the national agenda," said
Prichett, "because we are determined to
live in a free and open society where the
rule of law applies to all people equally,
even if they wear a badge."
Copies of the new ACLU manual
"Fighting Police Abuse: A Community
Action Manual" are available for $5.00
(five or more copies $3.50 each). Please
send a check or money order payable to
the American Civil Liberties Union and
send to ACLU Dept. L, P.O. Box 794,
Medford, New York 11763.
following
=~ ing, US bee Don Edwards @-California)
introduced the Police AEN Act - R. | in
Congress. -
The federal legislation would make it unlawful for _
police officers "to engage in a pattern or practice of con-
duct....that_ deprives persons of rights, privileges, or
immunities, secured or protected by the Constitution or
_ laws of the United States."
The bill would also give private bares iezal stand-
_ epueial given the current a niatons | inthe law. Forexam- __
_ ple, Rodney King will be able to sue for the brutality he -
__ suffered, but he probably doesn't have 'standing' to geta _
federal court to order the Los Angeles Police Department -
_to take specific steps to bring an end to its pattern of abu-
sive behavior." _
_ "Lawmakers have been reluctant to enact police
accountability legislation in the past," said national
ACLU Field Director Gene Guerrero, "because they did _
not want to appear 'anti-police,' even though most law
enforcement leaders believe that police abuse interferes
ing to bring such civil actions against police agencies
and provide criminal penalties for those law enforcement _
oficers: found guilty of misconduct.
According to ACLU-NC Police Practices Project _
"Director John Crew, "The standing issue is particularly -
with effective law enforcement. This bill is extremely _
important because it increases the authority both of the -
____ Justice Department and individuals to turn to the edo _
- court to halt re misconduct, o ne added.
aclu news
mar - apr 1992 5
One Year Later
oups Announce New
om Police Abuse
olice sometimes forget
who they work for - they work for
citizens, they are not an entity unto
themselves. Their duty is as peace
makers and fact gatherers ... but
because of incidents experienced by
certain ethnic groups and lower
socioeconomic groups, the police
have become an enemy not a friend.
It's time for a change."
- Earl Sanders
Officers for Justice
New ACLU manual will help community organizations in their efforts to stop police j
abuse.
The Basic Guide to Free Expression
The Right to Protest
The Right to Protest: The Basic the First Amendment, Supreme Court
Sacramento
`Trying to Stop the "Rogue
SOR Protection"' Bill -
n an sal alliance, the ACLU
and law enforcement management
am. have joined forces to battle a pro-
_ posed bill that would diminish police
accountability by blunting investiga-
tions into alleged officer misconduct.
"AB 2067 would allow police offi-
cers to virtually stonewall investiga-
tions into any kind of misconduct,"
said ACLU Ecoilative Director
Margaret Pefia
AB 2067, authored by Assemblyman
Richard Floyd (D-Gardena), is nick-
named the ` `rogue cop bill" because it
_ would effectively insulate police offi- _
_ cers: by allowing them to refuse to
answer any questions that might lead to
any oo action Caos any offi-
| cor
thus, even routine
between police staff and their superiors
would be stifled, since officers could
withhold information if they felt that -
conversations were in any way investi-
gative.
AB 2067 slid through the Assembly
Public Safety Committee on a unani-
mous 5-0 vote, with the endorsement
of the Committee Chair John Burton
(D-San Francisco), Tom Bates and
Barbara Lee, both Oakland Democrats.
The full Assembly then passed the
measure by an overwhelming margin
of 69-4. The bill now awaits a vote by
the Senate Judiciary Committee.
"It's unfortunate that the
Legislature has failed to respond to the
interactions
Rodney King incident, and instead is
promoting a measure which would fur-
ther insulate the police from accounta-
bility," Pefia said.
Like the alliance against it, the bill
has attracted an unusual mixture of
support. A number of leading liberal
Democrats who have traditionally been
in favor of measures curbing police
abuse are now alighing themselves
with law enforcement unions through
_their support of AB 2067.
Opponents to the bill attribute this
unusual support to election-year pres-
sures. Police association endorsements
lend liberal candidates credibility as"
"crime fighters" by playing to popular -
conservative perceptions of law and |
order, according to political columnist _
Dan Walters of the Sacramento Bee.
_ John Crew, Director of the ACLU-
NC Police Practices Project noted,
"This political bargain would in fact
_ hinder the very public whose interests
politicians and police are sworn to
serve. This bill would encourage
cover-ups of alleged misconduct by
codifying the `code of silence' into
law."
Joining the ACLU in opposition to
AB 2067 are numerous local govern-
ment and law enforcement organiza-
tions, including the County
Supervisors Association of California,
the California District Attorneys
Association and the California Police
Chiefs' Association. 1
Guide to Free Expression. J. M. Gora,
D. Goldberger, G. M. Stern, and M. H.
Halperin, Southern Illinois University
Press, Ill., 1991. 339 pages
By Karin Guenther
o you need a permit to hold a
march protesting war? Can you be
arrested during a demonstration if
the police haven't ordered you to disperse?
When can the FBI spy on political organi-
zations?
Questions about protestors' rights are
especially relevant to northern California.
This year alone, San Francisco has staged
some of the largest anti-war demonstra-
tions in the nation. It has also been the
focal point for AIDS research activism.
And the ACLU of Northern California has
repeatedly gone to bat for protestors'
rights. Among many others, it has
defended environmental protestors at
Redwood Summer, anti-war demonstrators
who were injured at Concord Naval
Weapons Station, and even the Peace
Navy, which took its anti-militarism mes-
sage to sea.
The Right to Protest follows in the best
tradition of ACLU handbooks. It takes the
complicated issue of protestors' rights and
treats it with remarkable clarity and thor-
oughness. It makes sense out of the widely
varying laws that cover speech and politi-
cal actions, as well as government investi-
gation and intervention. Not only
protestors, but all individuals interested in
knowing their basic First and Fourth
Amendment rights will find this straight-
forward presentation indispensable.
One of the most useful features of this
handbook is its breadth. To define protest
only in terms of large, public demonstra-
tions would be to ignore the less spectacu-
lar forms of dissent. Consequently, the
guide raises and answers questions con-
cerning flyering, traveling, importing pub-
lications, boycotts, tax resistance, and
numerous other acts which demonstrate an
individual's disagreement with the status quo.
Because the right to protest is based on
. that answer,
interpretations are crucial. The current
Supreme Court grows more conservative
with each new member, and this painstak-
ingly documented handbook helps provide
background into the major decisions which
are handed down each day.
For example, the handbook asks, "Can
government withhold or withdraw funding
from specific speech or protest activities
that the government does not want to sub-
sidize?" and proceeds to sketch a brief his-
tory of court rulings on the issue. Finally,
it concedes that the answer is unclear at
the time of publication. But the recent Rust
v. Sullivan "Gag Rule" decision - issued in
May - seems to give the government
license to use public funds as a weapon in
the fight for a political agenda.
The "Gag Rule" decision illustrates not
only how this handbook can be helpful,
but also its main drawback. Because the
current court is so willing to depart from
precedent, especially in the area of police
license (which comprises the last third of
this guide), the guidelines in this book
must be supplemented with a careful moni-
toring of new developments.
Of course, the inevitable dating of any
publication does not preclude its useful-
ness. Published in 1991, this guide is cur-
rent on all but the most recent of issues,
and its historical documentation will never
be out of date.
Like other ACLU handbooks, this vol-
ume is designed for quick reference to spe-
cific issues. The table of contents divides
the book into eighteen subsections.
Each aspect of an issue is presented as
a question in boldfaced type. It is immedi-
ately followed by a short answer, and the
remainder of the paragraph expands on
frequently illustrating the
point with examples or-briefly tracing its
historical development.
Whether the reader is looking for
advice on a specific situation or merely
perusing, the handbook is a valuable and
informative tool. 0
Karin Guenther was an intern in the
ACLU-NC Public Information Department.
aclu news
mar - apr 1992
Lawyers Council Launches
Fund Campaign
T
he ACLU-NC Lawyers Council, co-chaired by David Balabanian and Susan
Harriman, kicked off its fundraising campaign on January 30 seeking to raise
$53,000 for the ACLU legal program.
The 47 members of the Steering Committee are phoning Bay Area attorneys inviting
them to join the Lawyers Council by making a contribution of $200 or more to commem-
orate the 200th anniversary of the Bill of Rights.
The Lawyers Council, which is the first systematic effort to organize the Bay Area
legal community to financially support the ACLU-NC, serves in an advisory capacity to
the ACLU-NC legal and legislative departments and helps identify new donors and coop-
erating attorneys for the affiliate.
Lawyers Council Steering
Committee
David Balabanian, Co-chair
Susan Harriman, Co-chair
Ruth N. Borenstein, David
Drummond, Gary Ewell, James M.
Finberg, Charles N. Freiberg, Mary
E. McCutcheon, Ethan P. Schulman,
Cristina C. Arguedas, Aileen L.
Arrieta, Nance F. Becker, Michael
Beriss, Eileen M. Blumenthal, Diane
R. Cash, Tiela M. Chalmers, Patrick
Cooper, Aron Cramer, Ann G.
Daniels, James A. Dorskind, Scott A.
Fink, Patrick J. Flinn, Stanley J.
Friedman, Margaret A. Imber, Martin
Kassman, Sanford Kingsley, Judith
G. Kleinberg, Nancy J. Koch, Ellen
Lake, Bruce Maximov, Randy
Michelson, Karl Olson, Michelle
Bryan Oroschakoff, Tamar Pachter,
Jenniter (c) - Rizer Randy sue
Pollock, Matt Quilter, Michael F.
Ram, Isabelle Salgado, Lori A.
Schechter, Brian D. Smith, Priscilla
Smith, Robert Stein, Daniel
Titelbaum, Steven L. Vettel, Douglas
R. Young, Mitchell Zimmerman.
Susan Harriman, Co-chair of the
Lawyers Council Campaign, calls for
donations at the February launching of
the Council's fundraising drive.
Union Maid Photos
Jim Rhoads
New Financial Manager
s the new Financial Manager for
the ACLU-NC, Jim Rhoads has
found the perfect combination for
his skills in accounting and his passion for
civil liberties. Rhoads comes to the
ACLU-NC with over 20 years experience
in accounting for both multi-million dollar
companies and community-based non-
profit organizations.
Rhoads, who graduated from the
University of Washington in 1970 and
received an MBA from San Francisco
State University in 1979, says he has
"Tong identified with the ACLU on almost
all positions."
Most recently, as former President of
the Haight Ashbury Neighborhood
Council, he worked with ACLU-NC staff
attorneys Margaret Crosby and John Crew
in helping to convince the city to grant a
permit to Food Not Bombs to distribute
food in Golden Gate Park. "We supported
Food Not Bombs in their effort to give
away food to the hungry on Mondays in
the Park - Monday is the only day that
there are no other food give-aways in the
Haight Ashbury," explained Rhoads. "We
wanted to support this group because it
was helping homeless and hungry people
in our neighborhood," he added.
Rhoads brings a great deal of expertise
to his new position where he deals with
the ACLU-NC's $1.9 million annual bud-
get. After working as an accountant and
controller for several large companies,
Rhoads became an accounting and man-
agement consultant for businesses and
nonprofit organizations in 1984. He orga-
nized the accounting systems of the
California Society of Anesthesiologists
and San Francisco Community Recyclers,
among others. He also volunteered his
accounting services to a number of groups
including the Haight Ashbury Street
Cleaners, an organization of homeless
Jim Rhoads Fran Beal
workers who recently won the 1991 Clean
City Coalition Award.
He says that he finds the work at the
ACLU-NC "challenging" and that in the
future he would like to provide more
reports on budget comparisons "so that the
staff can more easily track their progress
on controlling expenditures," and to work
more closely with the Chapters. "I would
like to offer the Chapters some assistance
with financial matters, because I know that
the volunteer treasurers have a limited
amount of time," Rhoads said.
A veteran political activist who helped
found the Civil Rights Commission of the
Coalition on Homelessness, Rhoads is cur-
rently a Board member of the Haight
Ashbury Neighborhood Council and is
working on a San Francisco ballot initia-
tive to establish a city-wide agency to
coordinate environmental activities. The
father of a 19-year old actor Nathan,
Rhoads has just enrolled in a film class at
U.C. Berkeley.
What ACLU Members Should Know
A New Dimension in hife
Insurance
o you think that a plan
blending a charitable
donation and life insu-
Fance Coula achieve
financial benefits for
you and your family? Donors to
many causes, including the ACLU,
are creatively combining these
ingredients with great success.
As you probably know, life ingu-
rancee can be used as a direct
gift or it may be used to replace
the value of other assets
donated to a charity.
Donating a life
insurance policy
directly.
If you want to make a sub-
stantial gift but you don't have
the funds available, you may wish
to consider purchasing a life
insurance policy for the amount
of the desired gift. Ihe ACLU-NC
Foundation, for example, could be
designated as the owner and
beneficiary, and all current and
future premiums paid by you
would be tax deductible.
If you have an existing life
insurance policy that is no longer
needed by your family, the policy
ownership and beneficiary could
De. trhanererred. ro the ACLUANG
Foundation. You would obtain a
current income tax deduction for
the value of the policy at the
time of transfer because the
ACLU-NC Foundation is a 501C-3
organization. Future premiums
you pay would also be tax
deductible.
Life insurance to
replace assets that
have been given to the
ACLU
A Charitable Reminder Trust
enables you to give assets to the
ACLU-NC Foundation. Stock or
property that has appreciated
are frequently used to fund the
Trust. After the gift is given, the
ACLU ordinarily sells the asset
tax free and with the full sale
proceeds, the organization pays
an income for life or for a given
MUumbor Of Years fo you of
whoever you designate. Of
course, your income tax deeduc-
tion is reduced by the projected
Value oO Your TUvUre income
stream. The ACLU Foundation
gets the remaining interest.
Both parties benefit: you receive
more income and an income tax
deduction; the ACLU has use of
the funds. after the income
stream is completed.
It might appear that your
heirs are losers in the transac-
tion because they would have
received the donated asset(s)
after your death, minus estate
taxes. However, if you are ingura-
ble, life insurance can remedy
this problem.
Using part of your increased
income stream, you could make
gifts of money outright to your
adult children or to an irrevoca-
ble trust for the benefit of your
heirs. These gifts could then be
used to buy life insurance on your
life to replace, estate tax free,
the face value of the charitable
gift. If the income stream from
the charitable trust is to con-
tinue for the life of two individu-
als, the insurance could be
structured to pay only at the
geauh Of the Survivor line
amount of the life insurance that
is purchased could reflect the
potential increased value of the
asset at your life expectancy.
This estate planning strategy
may be advantageous for you
whether you're just starting out
or you're well established. For a
confidentia,| no cost, no obliga-
tion consultation, please call:
Jan DeJong
ACLU's Director of Planned Giving
415/621-2493.
Shelter More Than
Just Your Money
In these times of economic uncertainty. an ACLU
Foundation Gift Annuity is more than just a safe
investment. It is a way that you can preserve the Bill of
Rights for future generations.
A minimum contribution of $5.000 provides:
@ Guaranteed income for life
@ Favorable tax treatment of income
@ Income tax savings
(R) Free money management
(R) A stronger Bill of Rights
Please send me information on:
Q ACLU Foundation Gift Annuity
Q Other life income plans
-Q Remembering the ACLU Foundation in my will
Name
Address
City State Zip
Telephone Best time to call
ACLU Foundation Office of Planned Giving
eee er ee
aclu news
mar - apr 1992 7
Freedom of Choice Act will Preserve Roe
r ; WV he ACLU-NC Pro-Choice Action
Campaign is joining thousands of
activists around the country in a
campaign to ensure the passage of the
Freedom of Choice Act, now pending in
Congress.
The Act, (S. 25 in the Senate and H.R..
25 in the House) will protect access to
abortion on a federal level.
The measure would prohibit any state
from restricting the right of a woman to
choose abortion before fetal viability, that
point of pregnancy when the fetus is capa-
ble of independent survival, or at any stage
of the pregnancy when the procedure is
necessary to protect the woman's life or
health.
Field Representative Nancy Otto said,
"Timing for this crucial legislation is
immediate. This measure is urgently
needed because the U.S. Supreme Court is
expected to issue its opinion in Casey v.
Planned Parenthood, the Pennsylvania
case which could completely erode the
right to choose abortion, by the conclusion
of the Court's term in late June or early
July. ACLU lobbyists in Washington pre-
dict that this bill will be on the floors of
both the House and Senate sometime in
June - about the same time the Supreme
Court decision is due."
The Pro-Choice Action Campaign is
mounting a massive campaign to get the
Freedom of Choice Act passed without
any weakening amendments, and with
enough votes to override a Presidential
veto. Otto called on all pro-choice support-
ers to send letters to U.S. Representatives
Frank Riggs, Gary Condit, Wally Herger,
and John Doolittle asking that they co-
sponsor H.R. 25. Otto also encouraged let-
ters to all other northern California
Representatives thanking them for their
support of H.R. 25 and asking them to take
a leadership role in ensuring that no
amendments be attached to this bill that
would undermine young women's access
to abortion.
Activists are mobilizing for pro-choice
rallies in San Francisco on March 29 and
in Washington, D.C. on April 5. For more
information, call Nancy Otto at 415/621-
2493. Please let her know what action you
have taken on this bill.
The address for all U.S.
Representatives:
The Honorable
U.S. House of Representatives
Washington, DC 20515
Victim of War on Drugs
Berkeley Tenant Wins
Housing Back
f@ anice Erwin took the Berkeley
Housing Authority to court - and
won - after she and her daughter
were forced out of their home following
their disqualification from a federal hous- -
ing subsidy program because of allega-
tions by paid police informants about drug ~
sales.
"To terminate benefits or evict a tenant
without establishing that tenant's partici-
Because even the police informants'
statements established that Janice Erwin
was not in the apartment during the
alleged drug transactions, there was no
evidence that she was involved in any
drug sales said Schlosser.
Alameda County Superior Court Judge
Joanne Parrilli ruled on February 27 that
the findings of the BHA do not support the
decision to terminate Erwin's Section
pation in or at
least knowledge 3 Eight -_ housing
of illegal activities "To terminate benefits benefits, because
is a violation of 0 2 there were no
due process," said OF evict a tenant without _ findings that Erwin
ACLU-NC_ Alan
establishing that
knew or should
Schlosser who have known that
ee
Soa or at least knowledge of ei
Bernida Reagan. Ulegal activities is a eae
= ihe constitu-
tional issue takes
on added practical
significance _ be-
cause such a ter-
mination is often a sentence of homeless-
ness for low-income tenants."
Erwin's odyssey began in November
1990 when Berkeley city officials alleged
that drugs were sold from her home. Under
Section 8 of the Housing and Urban
Development (HUD) regulations, federal
rent subsidies can be withheld in the event
that the housing unit is used for non-
residential purposes. :
Law enforcement officials based most
of their case on hearsay evidence from two
anonymous paid informants, who were
drug offenders working for the police
department. The informants allegedly pur-
chased drugs from Erwin's brother Robert
at Erwin's apartment. The only evidence
that drugs were sold from Erwin's apart-
ment was the uncorroborated statements of
the informants to police officers who were
stationed outside the apartment building
while the alleged buys were taking place.
"Because neither informant was present at
the November hearing before the Berkeley
Housing Authority, Erwin's right to due
process was violated," charged Schlosser,
who appealed the Housing Authority rul-
ing in superior court.
violation of due
process,"
how _ individual
rights are threat-
ened by the so-
called War on
Drugs," said Schlosser. "We recognize
that there is a drug problem in low-income
housing projects that is of great concern to
other tenants and law enforcement.
However, we cannot allow Berkeley's zeal
to be a leader in the War on Drugs to over-
ride constitutional rights."
telat WR be
SERRE IONE oe
Pro-choice activists are mobilizing for marches in San Francisco on March 29 and
Washington, D.C. on April 5 to defend the right to choose.
Jean Field
Nakatani Joins
Development Staff
obert Nakatani has joined
the Development Department
as a writer with responsi-
bility for preparing grant propo-
sals, reports, membership and
donor appeal letters, and other
fundraising tools.
Nakatani, originally from
Honolulu, worked in law and edu-
cation before joining the ACLU-
NC staff in October. A 1967 eco-
nomics graduate from Stanford,
Nakatani also received an MA in
Education from U.C. Berkeley in
1972 and graduated from Boalt
Hall School of Law in 1981.
Nakatani spent three years in
the Peace Corps in Sierra Leone
where he taught in village elemen-
tary schools and ran an in-service
training program for teachers in the
Eastern Province. It was there that
Nakatani met fourth grader, Joseph
Bullie, who became his foster son
and came to live with him in
Berkeley.
After graduating from law
school, he was in private practice
in San Francisco and Berkeley, focusing
on estate planning and probate for gays
and lesbians, particularly for people with
AIDS.
He later took up a post at Continuing
Education of the Bar (CEB), a nonprofit
organization affiliated with U.C. Berkeley,
as a research attorney in CEB's estate
planning and probate section. He continues
to work at CEB on a part-time basis.
Nakatani wanted to work at the ACLU,
he explained, because after he gave up his
private practice he found that he had
drifted away from "doing progressive
Robert Nakatani Z
Laura Trent
work and wanted a job where I could
again get involved in working on civil -
rights and civil liberties issues.
"Since coming. to the ACLU-NC, I
have enjoyed doing a lot of research and
writing about our efforts in the Legal,
Field and Public Information Departments,"
said Nakatani.
In his part-time position at the ACLU,
Nakatani would like to help the various
departments set priorities for funding
requests and streamline the process of
seeking foundation support for various
programs.
Asian `"`Mug Book"' ...
Continued from page 1
tograph, Nguyen was arrested, booked and
charged with first degree armed robbery
and four counts of false imprisonment.
Although he had no arrest or criminal
_ record, bail was set at $500,000.
At the preliminary hearing, the crime
victim testified that she was 80% certain
of her identification. Based on this testi-
mony, Nguyen was bound over for trial in
Superior Court. After being jailed for over
90 days, he was eventually acquitted by a
jury of all charges. In addition to his time
in jail, and the thousands of dollars in
legal fees, Nguyen asserts that his business
suffered as a result of his arrest and incar-
ceration.
In the wake of the initial incident, the
Coalition for Fair Law Enforcement, a
group of San Jose community and civil
rights groups, met with Department offi-
cials demanding that the Asian Photo
Album be scrapped. After several months
of negotiations, Police Chief Lou
Covarrubiaz announced in February that
the Department would stop using this
mugbook and return all the photographs to
the computerized photo file bank.
"Although in the face of community
pressure, the Department is no longer
using the mugshot book, we are still con-
cerned that the existing policies and proce-
dures allow police photography of
innocent persons who have not been con-
victed or arrested for any crime," said
attorney Schlosser. "We are also con-
cemed that the use of those pictures as part
of a photo line-up could lead to another
misidentification by a crime victim.
"Because of his treatment at the hands
of San Jose law enforcement, Nguyen suf-
fered emotional and physical pain and sub-
stantial financial loss," Schlosser said.
The suit, Nguyen v. City of San Jose, is
' charging that Nguyen's constitutionally
guaranteed rights to privacy, due process,
and equal protection of the law were vio-
lated. Defendants in the case include the
City of San Jose, former Police Chief
Joseph McNamara, and several individual
officers. The suit is seeking an unspecified
amount of damages in an amount to be
proved at trial.
aclu news
nov 1991
In Memoriam
Aurora Sallitto
urora Sallitto, the former
A Treasurer of the ACLU-NC Santa
Clara Chapter, and a veteran civil
liberties activist, died on February 4 of
breast cancer.
In 1985, Aurora and her husband Dom
In addition to serving as the Chapter's
`treasurer, Aurora Sallitto helped organize
and host numerous educational events and
meetings. Every month, the Sallittos
mailed out the Chapter newsletter from
their living room - ensuring that hun-
(who died last December) were presented dreds of ACLU members were kept well
with the Lola Hanzel Courageous abreast of civil liberties issues and activi-
Advocacy Award for outstanding volun- ties,
teers at the annual Bill of Rights Day Veteran Chapter activist Mike Chatzky
_ Celebration. said, "Aurora was a positive role model -
"Our chapters are the backbone of she was always able to handle problems
grassroots ACLU activity and the Sallittos beautifully and create a collegial style and
were the backbone of the Santa Clara 4 warm environment in which to work.
See said Field Director Marcia "She is irreplaceable," Chatzky added.
allo.
Forum Warns of Dangers to the Arts
"Voices of the Censored"
killing the NEA, they'll take on public
broadcasting as well," DiMaria warned.
Hulleah J. Tsinhnahjinnie, an instruc-
tor at the San Francisco Art Institute spoke
of U.S. government efforts to control
- Native American art and GLAAD's
Lauren Smedley pointed out the paradox
of arch-conservatives attacking positive
images of gays but not negative images or
depictions of violence against gays. Gay
and lesbian art is the "canary in the coal-
mine," she said, with censorship against it
appearing in the most reactionary eras,
such as during Nazi Germany.
by Kent Miller
ore than 50 activists turned out
on a rainy February night to hear
"Voices of the Censored, a
forum on art, minorities and assaults on
the First Amendment. The event was co-
sponsored by the ACLU-NC_ First
Amendment Committee, the Gay and
Lesbian Alliance Against Discrimination
(GLAAD) and the National Gay and
Lesbian Task Force.
"The juggernaut is coming to change
your culture,' warned Bobbie Lilly,
President of Californians Against Censorship
Together (CAL-ACT). "Everyone's right
to speak has to be protected, there is no
group we can offer up to sacrifice,' she
added.
ACLU-NC Executive Director Dorothy
Ehrlich noted attacks on allegedly porno-
graphic artists have proven to be a fund-
raising bonanza for right-wing groups. "As
long as attacks on controversial art guaran-
tee the fundraising of the right-wing, this
issue will continue to be a powerful politi-
cal weapon for them," she said.
The attack on government funding for
the arts drew fire from a number of panel-
ists. Tom DiMaria of Frameline, a gay/
lesbian film foundation, charged, "The
NEA is a 100% political body with no
interest in art, only an interest in protecting
itself." A carefully orchestrated attack by
the right-wing on funding began with the
Robert Mapplethorpe exhibit, moved on to
Marlon Riggs' film on black gay men
"Tongues Untied" and "if they succeed in
Religious Freedom Act
The First Amendment Committee also
scored another success in January when
Representative Barbara Boxer, after being
lobbied by Committee members, agreed to
co-sponsor the Religious Freedom Act of
1992 (HR 2797). The measure is a
response to a 1990 U.S. Supreme Court
case which discarded the longstanding test
for evaluating whether a governmental
action unconstitutionally interferes with a
religious practice.
"Unless Congress passes this act to
protect religious liberty, this court ruling
will have a devastating effect on the free
exercise of religion in our nation,"
explained national ACLU Field Director
Gene Guerrero.
The Committee meets on the fourth
Saturday of each month and welcomes
new members. For future meetings, check
the Field Committee Calendar this page.
Kent Miller is a member of the First
Amendment Committee.
Taking Liberties
A monthly radio program on civil liberties
KPFA 94.1 FM
and
KFCF 88.1 FM (Fresno)
Now the first Wednesday
of every month at 7 pm
April 1 and May 6
"Taking Liberties" explores how
the Bill of Rights affects our every-
day lives. The series is aired on the
first Wednesday of every month on
KPFA and KFCF in Fresno.
The monthly program, hosted by
ACLU-NC Public Information Direc
tor Elaine Elinson, includes expert
guests on cutting edge civil liberties
questions. It also features a special
section with civil liberties news
updates and information on how lis-
teners can make their voices heard
on crucial civil liberties issues.
Field Program
Monthly Meetings
Chapter Meetings
(Chapter meetings are open to all inter-
ested members. Contact the chapter
activist listed for your area.)
B-A-R-K (Berkeley-Albany-Richmond-
Kensington) Chapter Meeting: (Usually
fourth Thursday) Volunteers needed
for the chapter hotline - call
Florence Piliavin at 510/848-5195 for
further details. For more information,
time and address of meetings, contact
Julie Houk, 510/848-4752.
Earl Warren (Oakland/Alameda
County) Chapter Meeting: (Usually.
second Wednesday) Meet on
Wednesday, April 8 with ACLU-NC
Field Representative Nancy Otto.
Chapter Hotline, 510/534-ACLU is
now available 24 hours. For time and
address of meetings, please call Irv
Kermish, 510/836-4036 or Abe
Feinberg, 510/451-1122.
Fresno Chapter Meeting: (Usually
third Monday) Meet on Monday, April
20 at 6:30 PM at San Joaquin Law
School with ACLU-NC. Field
Representative Nancy Otto. New mem-
bers always welcome! Nadine
Strossen, National ACLU President,
will speak at California State University
Fresno on May 12. For more informa-
tion, call Nadya Coleman at 209/229-
7178 (days) or A.J. Kruth at 209/432-
1483 (eves).a
Lesbian and Gay Rights Chapter
Meeting: (Usually first Thursday) Meet
on Thursday, April 2 and May 7 at the
ACLU Office, 1663 Mission, 460, San
Francisco at 7:00 PM. For more infor-
mation, contact Tom Reilly, 510/528-
7832.
Marin County Chapter Meeting:
(Third Monday) Meet Monday, April
20 7:30 PM, Westamerica Bank, East
Blithedale and Sunnyside Avenues, Mill
Valley. For more information, contact
Harvey Dinerstein, 415/381-6129.
Mid-Peninsula (Palo Alto area)
Chapter Meeting: (Usually last
Thursday) Meet Thursday, April 30
7:30 PM, California Federal Bank, El
Camino Real, Palo Alto. New members
welcome! Representative Don Edwards
will speak on Civil Liberties and the
Current Congress on Wednesday,
April 15 at 7:30 PM at Stanford
University. For more information, con-
tact Harry Anisgard, 415/856-9186 or
call the Chapter Hotline at 415/328-
0732.
Monterey County Chapter Meeting:
(Usually first Tuesday) Meet on
Tuesday, April 7 at 7:30 PM at the
Monterey Library, Community Room,
Pacific and Madison Streets, Monterey.
For more information, contact Richard
Criley, 408/624-7562.
Mt. Diablo (Contra Costa County)
Chapter Meeting: (Usually fourth
Thursday) Meet on Thursday, April 23
at 7:30 PM. For more information, con-
tact Mildred Starkie, 415/934-0557.
North Peninsula (San Mateo area)
Chapter Meeting: (Usually _ third
Monday) Meet on Monday, April 20
7:30 PM at the Unitarian Church, 300
E. Santa Inez Street, San Mateo. The
Chapter will honor the Bicentennial of
the Bill of Rights at the Annual
Meeting on Sunday, April 26 at 1:00.
PM at Beresford Park, San Mateo.
Featured speakers will be David
Bunnell and ACLU-NC Board Chair
Milton Estes. Winners of the High
School Essay and Poster Contests will
be announced. Tickets are $15.00(gen-
eral), $5.00 (students and _ limited
- (Usually
income). Call Alice Kochman at 342-
4893 for tickets. Note: The North Pen
Chapter has a new Hotline number:
579-1789. For more information, con-
tact Emily Skolnick at 340-9834.
North Valley (Shasta, Siskiyou,
Tehema, and _ Trinity Counties)
Chapter Meeting: (Usually third
Wednesday) Meet on Wednesday, April
15 at 6:30 PM at Harry's Restaurant,
Redding. For more information contact
interim Chairperson Tillie Smith at 916/
549-3998.
Redwood (Humboldt County)
Chapter Meeting: (Usually _ third
Monday) Meet on Monday, April 20 at
7:15 PM at Left Coast, Eureka. For
more information contact Christina
Huskey at 707/445-7634.
Sacramento Valley Chapter Meeting:
(Usually second Wednesday) Meet on
Wednesday, April 8 at 7:00 PM at
Hearing Room 1, Sacramento County
Offices, 700 H Street. There will be a
panel discussion on The Right To (c)
Privacy. For more information, contact
Ruth Ordas, 916/488-9956
San Francisco Chapter Meeting:
third Monday) Meet on
Monday, April 20 at 7:00 PM, ACLU
office, 1663 Mission, #460, San
Francisco. For more information, call
the Chapter Information Line at 415/
979-6699.
Santa Clara Valley Chapter Meeting:
(Usually first Tuesday) Meet on
Tuesday, Api 2 at 7-00 Pir
Community Bank Building, 3rd Floor
Conference Room, corner of Market
and John Streets, San Jose. Contact
John Cox 408/226-7421, for further
information.
Santa Cruz County Chapter Meeting:
(Usually third Tuesday) Meet on
Tuesday, April 21. Chapter will con-
tinue to work on combating Hate
Crimes. Contact Keith Lesar, 408/688-
1666, for further information.
Sonoma County Chapter Meeting:
(Third Thursday of the month) Meet
Thursday, April 16 at 7:30 PM at 916
Colorado Blvd, Santa Rosa. All mem-
bers welcome! Contact Len Bronstein,
at 707/527-9018 for further information.
Yolo County Chapter Meeting: (Third
Thursday of the month) Meet on
Thursday, April 16. For more informa-
tion, contact Alan Brownstein at 916/
752-2580.
Field Action Meetings
(All meetings except those noted will be
held at the ACLU-NC Office, 1663
Mission St., Suite #460, San Francisco.)
Student Outreach Committee:
(Usually third Saturday) Meet on
Saturday, April 18. Contact Marcia
Gallo, at ACLU-NC 415/621-2493, for
additional information.
Civil Rights Committee:
(Fourth Saturday) Meeting on Saturday,
April 25 from 10:00 AM to 11:30 AM.
RSVP to Nancy Otto at the ACLU-NC
415/621-2493.
First Amendment Committee:(Fourth
Saturday) Meeting on Saturday, April 25
from 12:00 PM to 1:30 PM. RSVP to
Nancy Otto at the ACLU-NC 415/621-
2493.
Pro-Choice Action Campaign:
Contact Nancy Otto at the ACLU-NC
415/621-2493.