vol. 58, no. 4

aclu news

Non-PRoFIt

ORGANIZATION

U.S. POSTAGE

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Permit No.4424

SaN FRANCISCO, CA

Volume LVIII

July - August 1994

No. 4

Filipino Security Guards Win Settlement

for Accent Discrimination

ive Filipino security guards

H received $87,000 from the U.S.

General Services Administration

(GSA) and an unspecified amount from

their employer, the security company

American Mutual Protective Bureau

(AMPB), in a settlement agreement in

their suit charging that they were discrimi-

nated against because of their accents.

The guards, Perfecto Estrada, Carbito

Rose, Teodulfo Loyola, Cayetano Decena

and Florentino Ramirez, charged in their

1993 employment discrimination suit

Ramirez v. AMPB and GSA, that they were

victims of accent and national origin

discrimination. The security guards had

been stationed at the Department of

Treasury building in San Francisco by

AMPB for several years. In 1992, AMPB,

acting on the instructions of the GSA,

yanked them from their positions, because

of an alleged language barrier.

"We hope this settlement sends a clear

message that discrimination based on a

person's accent will not be tolerated," said

Alan Sparer, cooperating attorney from

Howard, Rice, Nemerovski, Canady,

Robertson, Falk and Rabkin. "We are

pleased that the lawsuit has forced the

government and the security company to

discrimination."

reexamine their equal employment oppor-

tunity policies." Represented by cooperat-

ing attorneys Sparer and Linda Foy of

Howard, Rice; Asian Law Caucus attor-

neys Lora Jo Foo and William R. Tamayo;

ACLU-NC staff attorney Ed Chen; and

Christopher Ho of the Employment Law

Center, the guards filed a complaint in

April 1992 with the U.S. Equal Employ-

ment Opportunity Commission (EEOC)

charging AMPB and the federal govern-

ment with violating Title VII of the Civil

Rights Act. A year later, the EEOC upheld

the charge, ruling that the security guards

"were unlawfully removed and/or

discharged from their posts, because of

ACLU on the Gay Pride March

Parade viewers enthusiastically cheered and applauded as the ACLU contingent

proceeded down Market Street to celebrate 25 years of Pride and Protest at the San

Francisco 1994 Lesbian and Gay Pride March on June 19. At the post-parade

celebration which was held in the South of Market area, the Lesbian and Gay

Rights and San Francisco ACLU-NC Chapters staffed a booth with ACLU litera-

ture on domestic partnership laws, lesbian and gay rights, fighting AIDS discrimi-

nation and campaigns against homophobic laws and initiatives.

Holly Gillian-Kendal

Carbito Rose, Florentino Ramirez and Perfecto Estrada (1. to r.) are three of the

Filipino security guards who successfully challenged their dismissal for ''accent

to discover that all the efforts I have placed

in my work over the years didn't matter

when AMPB decided to remove me from

my post."

Attorney Foo noted, "On the basis of an

unsubstantiated charge against an unidenti-

fied security guard, AMPB acting on the

orders of the GSA decided to order a

wholesale removal of all Filipino guards

stationed at the Treasury building, ruining

the livelihoods of five hardworking

individuals in the process.

"Clearly this action was prejudiced and

based on the biased assumption that people

of certain national origins must be less

proficient in the English language, no

matter what their educational background

may be."

"The men were definitely qualified for

the jobs," added attorney Foy. "Most of

them had extensive security experience

and two had long records of military train-

ing and service. All but one had received

college education in the Philippines where

the language of instruction is English. No

one had ever complained about any of their

performances as security guards nor had

anyone ever made unfavorable comments

about their English proficiency."

"We hope that this victory will encour-

age people to go to the EEOC because of

accent or language discrimination," said

ACLU-NC staff attorney Ed Chen who has

challenged many English-only rules for

public and private employees. "This kind

took an enormous toll on these employ- of discrimination is just as illegal as

ees." discrimination based on race, sex, or

"T suffered profound feelings of humil- religion."

iation and shame because they said I was The rise in the number of people

removed because I could not speak complaining about English-only rules or

English," said Loyola. "I also suffered complaints about accent discrimination

emotional pain because I am unable to ties into today;s general immigrant-

support my family. It hurt me a great deal

Union Maid Photos

their race and national origin."

With the backing of the EEOC, the

guards filed a federal lawsuit in U.S.

District Court in San Francisco on April

1551993.

Blatant discrimination

"The settlement brings an end to two

years of mental anguish and pain suffered

by the security guards," said Sparer. "It

was an act of blatant discrimination that

Continued on page and

Inside the ACLU News

SAY WHAT??!!

Rick Rocamora

Students Celebrate Freedom of Expression .............. see p. 3

VOTE!

ACLU-NC 1994-95 Board of Directors Elections

Candidates" statements. and ballot... pp. 4-5

2 aclu news ~

july - august 1994

by Dorothy Ehrlich

ACLU-NC Executive Director

n ambitious fundraising goal - a

A 1% increase over last year - will

involve 200 Board members and

volunteers as solicitors in a local campaign

to raise $935,000 for the ACLU. Despite

this daunting challenge, $300,000 still had

to be cut from the nearly $1.9 million

budget approved by the ACLU-NC Board

of Directors this spring. These difficult

cuts meant that for the first time staff had to

be laid off and support reduced for some

special projects.

The reasons for the budget cuts were

complex and numerous.* While our local

ACLU Foundation of Northern California

fundraising campaign grew slightly over

the past two years, during the same period,

our membership revenue declined.

Although the vast majority of our members

continue to renew their membership

expressing their remarkable commitment

to the organization, it is harder to find new

members to join.

Relentless assaults

In addition, during the past twelve

years of relentless assaults on civil liberties

from the Reagan and Bush administrations,

it was necessary to spend some money

from reserves to support our aggressive

program. These reserves are made up of

funds accumulated from occasional court-

awarded fees in certain successful cases

and from bequests received from our

supporters. Over the past decade the size

of our reserves grew steadily; they became

a source of revenue to increase staff and for

capital expenditures, providing for office

space, updated equipment and an invest-

ment in ambitious fundraising efforts to

fund rising program expenses.

New Fundraising Goals

_ A Challenge and

a Necessity

Moreover, this year, the ACLU-NC,

which is currently the largest affiliate in the

country, will be required to shift a greater

portion of our fundraising revenue to

support small affiliates throughout the

nation, where membership and fundraising

opportunities are scarce, but civil liberties

threats are significant. This new agree-

ment with the national office, which was

supported by the Northern California

Board of Directors, is seen as an important

way to build the ACLU presence in the

South and in other parts of the U.S. where

civil liberties threats abound.

Cost-cutting

The painful task of cutting the budget

included decisions to lay off staff, to leave

vacant positions unfilled, and to implement

voluntary and involuntary reductions of

full-time staff resulting in the deletion of

the equivalent of nearly five full-time

- positions. Other cuts, including the elimi-

nation of cost-of-living increases for all

staff and cuts in a significant number of

expense lines in the budget also were part

of the cost reduction package. Following

these cuts, the staff includes 25 part- and

full-time employees.

Our over-arching long-term goal in

reducing expenses was to protect the

organization's very effective program.

Thus many of the cuts focused on the

expenses of fundraising and administra-

tion. Even with these reduced expenses,

however, we still had to draw from

reserved funds to maintain our program,

and propose an even more challenging

fundraising effort for the coming year.

Future growth

That ambitious fundraising program

will fuel future growth, according to Davis

Riemer, Chair of the Development

Committee. Riemer, who also chairs the

national ACLU Development Working

Group, speaks with pride about his

colleagues on the Board who are willing to

commit themselves to a great deal more

work in order to insure the existence of the

ACLU-NC's superb program in the future.

"We are the pre-eminent civil liberties

organization,' Riemer said, "and we are

needed now more than ever. Our Develop-

ment Committee and Board of Directors

are committed to seeing us stay on the front

lines of the many critical civil liberties

battles we confront."

The Development Committee is

comprised of 12 members who oversee the

year-round fundraising efforts of the

organization. They work with the develop-

ment staff, led by Director Cheri Bryant, in

developing fundraising strategies and in

meeting with individuals to ask for their

financial support of the ACLU Foundation.

Mural Controversy Exposes

Tensions on Campus

hough the mural of Malcolm X that

included a yellow Star of David and

was bordered with stars with dollar

signs and skulls and crossbones is gone

from the wall of the Cesar Chavez Student

Union Building at San Francisco State

University, the controversy it generated on

campus is not.

ACLU-NC Executive Director

Dorothy Ehrlich stated that the ACLU-NC

was deeply troubled by the controversy in

which civil liberties issues were invoked,

but-seemed to be lost in the fray. On the

one hand. the University's conduct in first

painting over and then sandblasting the

mural out of existence was an overly

simplistic approach to a complex problem.

"Eliminating the mural did not eliminate

the underlying tensions that gave rise to its

creation," Ehrlich noted. On the other

hand, the claim that the First Amendment

required that piece remain on the Univer-

sity's wall overlooked the reality that this

was a University-commissioned piece

whose content was subject to the approval

of those who commissioned it.

"This controversy has exposed a great

deal of tension and intolerance on

campus," Ehrlich said, "and simply paint-

ing over the offending symbols in the dead

of night is not an adequate response. It

seems that the lesson given here by univer-

sity officials is that the way to resolve

controversy is to destroy provocative

expression.

"But," Ehrlich added, "this is not a

classic First Amendment dispute.

Someone who commissions a piece of art

may decide not to display it. There is an

important difference between government-

purchased speech and private speech in a

public forum. The government cannot

censor art in a public forum, which

displays diverse art - for example, a

museum or an art show.

"Here, however, the University-

commissioned mural was to be a perma-

nent display, standing alone on the wall of

a university building. There existed no real

opportunity to respond to its message - to

counter speech with speech."

The mural had been commissioned by

the Student Union, but the artist did not

include the Stars of David on the proposed

sketch. The day after the mural went up

English professor Lois Lyles tried to paint

the words "Stop Fascism" next to the

mural. Lyles, who is African American,

said, "I wanted to protest the anti-Semitic

content of the mural. Anti-Semitism is an

insult to the black political movement."

She was charged with vandalism.

After the Student Union Governing

Board failed to achieve a quorum to decide

what to do about the mural, S.F. State

President Richard Corrigan ordered the

mural removed, against protests of

supporters of the artwork. At 2:30 AM on

May 25, several dozen riot police broke

through the glass doors of the student

union and cordoned off the mural so that

According to Riemer, it is this leadership

group and their colleagues on the Board

who have managed to increase our revenue

each year, despite the recession in Califor-

nia and the fact that many people believe

that a new administration will serve our

civil liberties interests.

The financial management of the

organization is carefully overseen by the

Board's Budget/Management Committee,

chaired by Treasurer James Blume. That

committee, working with staff Fiscal

Manager Denise Wells, has developed a

detailed five-year financial plan; the

committee regularly monitors the budget

and develops policies for the organization

to handle its complex finances.

According to Blume, the organization

is wise to begin the process of decreasing

its reliance on income that is not annually

renewable, and where the timing and

amount is uncertain - like bequests and

attorneys fees. "Even though it is a diffi-

cult process to cut the budget, I believe we

have done so with great respect for the

organization's ability to continue its

mission to defend civil liberties.

Moreover, the Budget/Management

Committee was impressed by the Board's

willingness to raise even more funds to

support this work.

"T expect that the ACLU-NC's

presence in the increasingly hostile battles

to protect civil liberties here in California

and across the country will be met with the

generous support of our donors this year,"

Blume said.

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_1993.batch ACLUN_1994 ACLUN_1994.MODS ACLUN_1994.batch 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 The ACLU-NC fiscal year begins

April 1; the budget refers to the combined

ACLU of Northern California, the

membership organization, and the ACLU

Foundation of Northern California, the

tax-exempt entity that primarily supports

the legal program. @

university workers could paint over it.

Supporters of the mural, who kept a

vigil throughout the night, washed off the

paint, and university officials sent the

painters back again. Again, students

scrubbed off the paint. On May 26, at 4 AM

university staff sandblasted the mural and

covered the empty space with a coat of gray

paint.

"We are disturbed by the University's

swift action in destroying this controversial

piece of art," Ehrlich said. "Instead of

exploring creative alternatives, or ways to

engage students in some meaningful

discussion about racial tension on the

campus, the University officials simply

removed the offending expression. This

does nothing to foster communication -

you cannot simply paint over the anger that

exists."

In the meantime, Ehrlich joined other

civil rights organizations' leaders in offer-

ing to convene a discussion among students

and other members of the campus commu-

nity to begin to address their concerns. In

June, Ehrlich and Field Representative Lisa

Maldonado attended a preliminary meeting

with S. F. State students to examine the

underlying issues of racism and anti-

Semitism on campus in a meeting facili-

tated by Eva Paterson, Chair of the

Coalition for Civil Rights. Hf

aclu news

6 issues a year: January-February, March-April, May-June, July-August,

September -October, and November-December.

Published by the American Civil Liberties Union of Northern California

Milton Estes, Chairperson

Dorothy Ehrlich, Executive Director

Elaine Elinson, Editor

Lisa Maldonado, Field Page

ZesTop Publishing, Design and Layout

1663 Mission St., 4th Floor

San Francisco, California 94103

(415) 621-2493

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

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

Loca 583 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_1993.batch ACLUN_1994 ACLUN_1994.MODS ACLUN_1994.batch 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

aclu news 3

july - august 1994

by Jennifer Gregg

GG S ince many students won't be

reading the Constitution, this

conference is a really important

way for them to learn about their rights

and how they can defend them," observed

Chris Wu, chair of the 1994 ACLU-NC

"Say What??!!" conference. Held on May

3, the event gave young people a first hand

civil liberties education by debating some

of the most difficult and pertinent issues of

our time. Over 500 northern California

students from 29 high schools in eleven

counties spent the day at workshops, panel

discussions and performances at the

Oakland Convention Center in downtown

Oakland.

Members of the ACLU-NC Student

Advisory Committee, organized through

the Howard A. Friedman First Amend-

ment Project, coordinated the event, which

addressed issues ranging from violence in

schools, the use of discriminatory "gang

profiles," sexism, and living with HIV, to

racism, the death penalty, curfews, and

homophobia.

Youth in Charge

The majority of speakers were youth

presenters from local groups including

EYES (Empowered Youth Educating

Society), GASA (Girls After School

Academy), LYRIC (Lavender Youth

Recreation/Information Center), the

Mayor's Youth Forum of San Francisco,

Columbia Park Boys' Club, Teens on

Target/Youth Alive, KPFB Youth Radio,

Bayview-Hunters' Point Foundation

Youth Services, AIDS Project Contra

Costa, and Planned Parenthood of San

Mateo. Other panelists included represen-

tatives from Asian Immigrant Women

Advocates, Alianza, and the ACLU Death

Penalty Project.

The conference featured performances

by DramaDivas, an after-school acting

ensemble which enables young people to

come to a positive awareness and expres-

sion of their identity through the theater

arts; rap by Aztlan Nation and local

teenagers I.Q. and Cody Barlow; and rock

musicians Lef Turn at Venus and Stone

Grove.

"What made this conference different

from ones we' ve had in the past is that

students really ran the show - from

deciding which issues to discuss to figur-

ing out the best ways to discuss them,"

said Marcia Gallo, Director of the Fried-

man Project. "Working with youth from

other organizations and agencies has

really been exciting - I feel like we' ve all

learned a lot."

Chris Wu and Jessica Coffin, members of the ACLU-NC Student Advisory

Committee, chaired the opening plenary.

DramaDIVAS, a high school theater arts group for lesbian, gay and bisexual youth.

Celebrate

maze. ele

7

pression

1.Q., a rapper from Vallejo Senior High School and Solar Music Group recor ing

artist.

Jose Serrano, a sophomore at Mission

High in San Francisco. "[Companies]

should judge people by the way they are -

not the way they look."

In a session focusing on hate crimes

and hate speech, students brainstormed to

create a list of strategies for dealing with

these difficult issues. Educational

workshops for parents and school person-

nel; education rather than punishment for

persons convicted of hate crimes; petitions

of protest; letters to politicians; and involv-

ing the ACLU were some of the discus-

sion-generated ideas.

Speakers on the "Living with HIV"

panel gave students a somber look into the

harsh realities of confronting mortality at a

young age. Justin, a 24 year old former IV

drug user, recalled how invincible he felt

before testing HIV positive three years

ago. "Before I took the test the disease

applied to everyone else but not to me," he

recalled, "but HIV knows no race and has

no prejudice. If you're human and you

have bodily fluids, then you' re eligible."

In the workshop on Date Rape, students

debated whose fault it was when.a girl is

pressured by her date into having sex

against her will. "A girl has the right to

change her mind at any time -it's her

body," argued one soft-spoken young man

against claims that a woman's behavior

predetermines whether she retains the

right to say no.

"The discussion really surprised me

because the division of opinions wasn't

based on gender at all,' observed presenter

Jessica Coffin, a sophomore at The Urban

School in San Francisco. "There was a real

diversity of opinions but there weren't any

clear lines which reflected what a difficult

issue this is."

During the closing session students

had the opportunity to voice their opinions

of how the day went. Adona encouraged

students to speak up for their rights as a

step toward social change. "If nobody says

anything, then nobody's going to do

anything about it. But if one person says

something about an issue then other people

who feel the same way will feel more

comfortable in speaking their minds too,"

she said.

The members of the Conference

Committee/ACLU Student Advisory

Council are Chair Chris Wu, David

Abrami, Jen Adido, Natalie Adona, Noelle

Birky, Rini Chakraborty, Jennifer Cheng,

Jessica Coffin, Elaine Dimaano, Stacey

Galvin, Joel Granholm, Annemarie

Horter, Kelly Ireson, Marcus McCall,

Preet Sabharwal, Jason Synder, Anna

Tang, Alex Tomek, Brie Mazurek and

Steven Shepard. Teachers Daniel Anker

Conference organizers Preet Sabharwal, a sophomore at Live Oak High School in

San Jose and Natalie Adona of Vallejo Senior High School answered questions at

the noon time press conference.

"The best parts of the day were the

discussion groups because that's where

the learning went on," said organizer

Natalie Adona, a junior at Vallejo Senior

High and president of the ACLU Club at

her school. People sot to express

themselves the way they wanted to."

At the opening session organizers

Chris Wu and Jessica Coffin encouraged

students to go to sessions with an open

mind. "This isn't a school environment, so

feel comfortable to speak up and say how

you really feel!" said Wu, a junior at

Lowell High School in San Francisco.

Youth activists and moderators led

lively and interactive workshops. "It was

important to have student presenters rather

than experts because people felt more

comfortable asking questions and

confronting other students - rather than

adults - on issues," said Adona. "That

way you got to hear all sides."

Conference photos by

Rick Rocamora

Gang profiles

During a session on dress codes and

gang profiles, Dave Aldape of the Mission

District organization Alianza encouraged

students to fight a law currently pending in

the Legislature that would enable public

schools to require students to wear

uniforms.

Companies that use "gang profiles" in

their hiring practices to deny jobs to

minorities drew harsh criticism from

students. "It's you that's going to be

working - not your clothes!" charged

and Bruce Wilson from Vallejo Senior

High School helped greatly by advising

and recruiting students, as did Terence

Elliott from Emiliano Zapata Street

Academy in Oakland and Mike Perez

from Encampment for Citizenship. From

the ACLU-NC, interns Christine Sun,

Jamie Harris, Stacy McVicker, and Mutya (c)

Fonte, and staff members Charles Francis,

Lisa Levy, and Lisa Maldonado played

pivotal roles.

Jennifer Gregg is an intern in the

Public Information Department. and

aclu news

4 july - august 1994

Luz BUITRAGO

I am honored to have been nominated

to serve on the ACLU-NC Board for

another term. I was first elected to the

Board three years ago and have found |

serving on the Board to be both challeng-

ing and enjoyable. I currently serve on the

Executive, Legal, Legislative and Person-

nel Committees and have also participated

in the Activists Conference. In addition, I

have represented the ACLU at different

events.

I am very proud of the work that the

ACLU has done recently, particularly in

the areas of immigrant bashing, homeless-

ness, and youth education. I am glad the

ACLU-NC recognizes the interrelation

between racism, poverty and civil liberties

and would like to help the ACLU to

continue to accomplish its goal of protect-

ing and advancing civil liberties. I would

very much appreciate your vote.

Nominated by: Board of Directors

Incumbent: Yes

JAMES FINBERG

I am deeply committed to the protec-

tion and advancement of civil rights and

1994-95 ACLI

Directors

civil liberties, and seek to serve on the

ACLU Board to advance those goals.

I am a partner with Lieff, Cabraser and

Heimann, where I specialize in class

action litigation from the plaintiffs' side,

including representing persons challeng-

ing age, gender and race discrimination. I

have also, on a pro bono basis, represented

homeless persons whose worldly posses-

sions were seized and destroyed by public

officials without notice and, together with

co-counsel, was able to obtain class-wide

prospective injunctive relief and individ-

ual damages.

For the past several years I have been a

member of the Steering Committee of the

ACLU Lawyers' Council.

Nominated by: Board of Directors

Incumbent: No

MARINA HSIEH

As California's hysteria du jour seizes

on crime, immigrants and other scape-

goats, the ACLU's work is more important

than ever.

I believe that law may still effect

justice. This belief brought me to the legal

profession, evolved as I litigated at the

NAACP Legal Defense and Educational

Fund for victims of employment discrimi-

_ nation, unfair housing practices and

capital punishment, and is central to my

work now as a law professor at Boalt Hall

(U.C. Berkeley). :

Maintaining the ACLU's historic role

in the face of increasingly diverse demands

will be difficult. I would be honored to

work with the Board as the ACLU meets

new challenges - in impact litigation and

grassroots organizing, lobbying and minor-

ity coalition building, fee recovery and

fundraising - to protect our liberties.

Nominated by: Board of Directors

Incumbent: No

REGINA MINUDRI

As a librarian and youth advocate, I

believe that my background, education and

life experience will serve me well as a

member of the ACLU Board. I have just

retired after sixteen years as Director of the

Berkeley Public Library. I have been very

active professionally, serving as President

of both the California Library Association

and the American Library Association.

In the late 60s and early 70s, I directed

an outreach project aimed at drop-out

youth in Santa Clara County and was

attacked by the media and local residents

for providing teenagers with reading

materials which were considered non-

mainstream. During 1992-94, the Berke- -

ley Public Library was part of a

youth-at-risk project which culminated in

hiring teenagers at the library.

During my tenure as Director, the

AYU Mtarem PCO ie ACen

library successfully resisted several

attempts to censor library materials. [look ~

forward to serving on the ACLU Board.

Nominated by: Board of Directors

Incumbent: No

RAYMOND L. OCAMPO, JR.

I am honored by this nomination. The

ACLU has protected the right of "`differ-

ent" people to express themselves "differ-

ently" - all of us who are uniquely

ourselves, even when our cause or color is

unpopular. My service on the California

Supreme Court Advisory Committee on

Racial and Ethnic Bias has reminded me

of the ACLU's prominent role in ensuring

the expression of diverse opinions.

As the general counsel of a leading

provider of "information highway"

software, Oracle Corporation, I have a

unique view of a second area of interest:

safeguarding the right to privacy in the

modern age of electronic highways. I wish

to serve, in these and other areas, the

sacred trust of the ACLU's commitment to

civil liberties and the Constituiton.

Nominated by: Board of Directors

Incumbent: No

LENNY KARPMAN

For the past 24 years, I have been a

volunteer on the chapter and/or affiliate

level. I have co-chaired the Founders

Circle in its first years and Physicians

Committee for Reproductive Rights in its

2nd and 3rd years. I am currently a board

member of the San Francisco Medical

Society, delegate to the California

Medical Association, and editorial board

member of the magazine San Francisco

Medicine. In the past two years I have

tried to bring portions of our message into

U-NC Board of

s Election

the area of organized medicine with

articles, opinion pieces and editorials on

reproductive choice, addiction as a disease

rather than as a crime, and the insanity of

scapegoating immigrants and the need to

provide them comprehensive medical care.

The ACLU board is my classroom and I

cherish my continuing education.

Nominated by: Board of Directors

Incumbent: Yes

MARIA L. ONTIVEROS

In addition to serving as a Board

members since 1992, I have chaired the

Board Nominating Committee, and I am

an Executive Committee member. I want

to continue as a Board member because of

the breadth of the good work done by the

ACLU-NC. No other organization so

widely canvasses the important areas of

civil liberties, including free speech,

women's rights, reproductive freedom,

gay and lesbian rights, immigrant and

indigent rights, death penalty opposition,

and students' rights. I am committed to

working in these areas personally and

through the ACLU-NC.

Before becoming a Law Professor at

Golden Gate, I practiced labor and

employment law for five years. My acade-

mic credentials include degrees from U.C.

Berkeley, Harvard, Cornell, and Stanford.

I also volunteer in homeless rights groups

and the Half Moon Bay Well Baby Clinic.

Nominated by: Board of Directors

Incumbent: Yes

DAVIS RIEMER

In the twenty-three years that I have

served the ACLU of Northern California, I

Ballot Information

have strived to help our affiliate and the

nationwide ACLU better understand and

fulfill its role in creating the revenue neces-

sary to carry out our program. It has been a

pleasure and privilege to serve the organi-

zation in this manner. During these years, I

have concentrated my time and efforts

primarily in areas of financial and business

management of the affiliate. Currently, I

serve the affiliate as chair of the Develop-

ment Committee, and as a member of the

Executive Committee. I would like to

continue this work, and ask for your

support. Thank you.

Nominated by: Board of Directors

Incumbent: Yes

ALBERTO SALDAMANDO

I have been very proud to be an active

part of the ACLU-NC since 1986. The

affiliate staff and Board, and especially the

grassroots membership's dedication to the

Bill of Rights is inspiring. I have had the

aclu news. 5

july - august 1994 ;

opportunity to speak to a great many

members on the telephone during our Bill

of Rights campaign, and although many of

those called are irritated by the calls, a

great many understand the importance of

the ACLU's work and its relevance to us

all on a daily basis. I am especially

impressed with the interest and receptivity

of a great many senior citizens, many on

fixed incomes, and their strong commit-

ment to the Bill of Rights. Their $10.00 or

$20.00 pledge is especially important and

very moving. I appreciate the opportunity

to serve with them again.

Nominated by: Board of Directors

Incumbent: Yes

ZONA SAGE

There has never been a shortage of

issues for the ACLU to get involved in, and

these issues continue to present themselves

today. In order to deal with such issues as

free speech, reproductive freedom, gay

rights, and the rights of immigrants, the -

ACLU needs to have a solid financial base.

For the past several years I have been

very active in the Development Committee

of the Board, helping to raise the funds to

keep our vital programs going. This is an

especially important time for the organiza-

tion, in terms of its development work. If I

am re-elected to the Board, I will devote

my efforts to insuring the ACLU continues

to meet the challenges of the future.

Nominated by: Board of Directors

Incumbent: Yes

ACLU-NC Board of

Directors Ballot

Vote for no more than ten candidates. Joint members use

both columns. Please read voting instructions before

completing ballot.

1 (c) Luz Buitrago

[1 (c) James M. Finberg

1 O Marina Hsieh

(1 (c) Lenny Karpman

[1 (c) Regina Minudri

[1 O- Raymond L. Ocampo

[1 (c) Maria Ontiveros

O Davis Riemer

El - Zona Sage

1 O Alberto Saldamando

aclu news

6 july - august 1994

by Marshall Krause

till loving life and all its surprises,

Sis Besig, the founder of the

American Civil Liberties Union of

Northern California, turned 90 years old in

May. Besig, who served as the Executive

Director of the ACLU-NC from 1936 until

his retirement in 1971, carefully planted

the seeds some 60 years ago which he,

along with the help of many others,

nourished into a strong, young forest of

civil liberties trees. Ernie, who is as spry

and intellectually independent as ever,

recently retired from his teaching duties at

San Francisco State University as well as

his responsibilities as a fee dispute media-

tor for the San Francisco Bar Association.

He still lives in the same San Francisco

home he and his late wife Velma owned

since the early 40s.

~ ACLU-NC Founder

Ernest Besig Turns 90

Although the ACLU during the 60s

was profoundly involved in the struggles

against McCarthyism, the House Commit-

tee on Un-American Activities and loyalty

oaths, Ernie always found time to work on

the problems of simple people who walked

in off the street to complain about govern-

ment abuse. He would spend all afternoon

calling every politician in the City and

chewing them out until someone would

finally agree that the poor, homeless

gentleman sitting across the desk from him

could get on general relief and not have to

Ernie Besig (r.) with Fred Korematsu and ACLU-NC Executive Director Dorothy

Ehrlich in 1989. Besig was the first person to visit Korematsu in jail when he

refused to follow the World War II internment order; Besig also led the challenge

to Korematsu's conviction all the way to the U.S. Supreme Court.

sleep under the freeway yet another night.

Of course, Ernie is famous for his work

helping the Japanese Americans who were

unconstitutionally removed from their

homes during World War II. But few

people know how much time he spent

working with the Chinese community and

their multiple immigration problems in the

60s. That was when the Immigration

Service had its infamous "confession

program," allowing the numerous Chinese

who entered the country illegally because

racist politics prevented them from obtain-

ing citizenship, to "confess" their illegal

entry and regularize their status. The

trouble with this program was that the INS

had absolutely no authority to allow or not

honor.

Ernie Besig (1.) and author Marshall Krause at a 90th birthday luncheon in his

allow a status change after the confession

had been made. Anyone who had a liberal

tinge about him or her - such as not being

a rabid opponent of the Chinese Commu-

nist regime on the mainland - was not

allowed the status change and deportation

was attempted. Most of these were

thwarted because of Ernie's good work

with the hearing officers of the Immigra-

tion Service.

Has Ernie changed his mind about

anything? Well, during his 90th birthday

luncheon I mentioned that Ernie, though a

fervent opponent of capital punishment,

steadfastly insisted over much determined

Opposition from the Board of Directors,

that capital punishment was not a civil

liberties issue and that position prevailed

for many years. When I reminded Ernie of

this, he displayed one of the traits which

have kept him on top of the world, by

simply stating, "I've changed my mind."

Attorney Marshall Krause served as

the Legal Director of the ACLU-NC during

the turbulent years from 1960 to 1968. @

Union Maid Photo:

Judge OK's Ban on Kindergartner's Ponytail

n June 15, following a 4-day trial,

() Fresno Superior Court Judge

Stephen Kane issued an opinion

stating that a school hair-length rule "aids

in the identification of persons affiliated

with gangs," and ruled against two

elementary school boys in Clovis who

wanted to have long hair.

ACLU-NC cooperating attorney

Bruce Wagman, who represented the

boys, was disappointed in the ruling. "The

anti-war protesters of the early 1970s

whose long hair gave rise to this hair-

length regulation are today's leaders in

business, politics, the professions and the

arts. How can the school district say that

long hair leads to bad behavior and failure

in school or one's chances for success

after graduation?"

The case began in the fall of 1992

when five-year-old Derrek Casebolt was

barred from entering kindergarten at

Pinedale Elementary School in Clovis

because of his long hair, even though he

offered to wear a rubber band or other

hair-fastening device to keep the hair

away from his face.

The principal insisted that Derrek

comply with school regulations, which

mandate short hair for boys, or be prohib-

ited from attending kindergarten. No

- similar hair length restrictions are

imposed on girls.

ACLU-NC cooperating attorneys

Wagman and Lee Ann Huntington of

Morgenstein and Jubelirer and staff attor-

ney Ann Brick represented Derrek and

two other boys in Casebolt v. Clovis

Unified School District, filed in Fresno

Superior Court in February, 1993.

The ACLU argued that the school

district's policy constitutes gender discrim-

ination in violation of federal and state

constitutional and statutory provisions.

The school district claimed that one of

the reasons that Clovis has award-winning

schools is because of its strict dress and

Bryan Chan/Clovis Independent

Kindergartner Derrek Casebolt had

to cut his hair before he could enter

the kindergarten class at Pinedale

Elementary School.

grooming codes, including its hair-length

regulation. "The district ignored the fact

that none of the other California schools

who have received the same Blue Ribbon

Award have found it necessary to impose

or make hair-length regulations,"

countered Brick.

Although the school district contended

that the regulations are necessary to prevent

gangs, at the trial, the ACLU presented

Opposing testimony from U.C. Davis

professor Janet Hethorn, an expert on gang

dress and appearance. Hethorn stated that

hair length is not a predictable identifier of

gang membership, and that most male gang

members have short hair. This was

confirmed by law enforcement officers.

In addition, U.C. Santa Cruz sociology

professor Robert W. Connell, an expert in

gender identity, provided testimony that

regulations like the hair-length rule

negatively impact both boys and girls in

many ways and lead to a panoply of

problems related to discrimination in later

life and the denigration of women in

society. Dr. Connell's testimony was

undisputed by the district.

Attorney Huntington said, "The hair-

length regulation is a masterpiece of both

under- and over-inclusion. It is so broad it

applies to all young men with long hair

regardless of membership in a gang, while

at the same time managing to exclude the

majority of gang members who, in fact, do

not have long hair."

Judge Kane's 16-page opinion stated,

"[The regulation] recognizes the correla-

tion which exists between long hair in

males and defiant behavior. The Code,

including the haircut regulation, is part of

the discipline framework which

contributes to an effective learning

environment." Hi

Judge Denies City's Injunction

Against Oakland's City-Designated Gang Members

by Jean Field

n June 1/ Alameda County

() Superior Court Judge James R.

Lambden denied the City of

Oakland's request for a preliminary

injunction banning 18 young men from a

seven-block area in the Oakland's

Elmhurst District, and banning them from

a list of activities.

Judge Lambden ruled in the city's civil

suit, Oakland v. "B Street Boys" that such

an injunction, which targets individuals the

city claimed were members of a gang

called the B Street Boys, was unconstitu-

tionally vague and overbroad. Further-

more, he warned that the city may not turn

to the civil court to avoid the constitutional

safeguards under our criminal justice

system. The ACLU-NC and the Lawyers'

Committee for Civil Rights filed an amicus

brief in the case, arguing that the city's suit

violated the young men's constitutional

rights of freedom of association and due

process of law.

"The judge's ruling sends an important

message to cities that are attempting an end

run around the criminal justice system,"

said ACLU-NC staff attorney Ed Chen.

"By unilaterally declaring people to be

gang members, and seeking to impose

punishment in a civil case where the

respondents are not allowed counsel, a jury

trial or criminal justice standards of proof,

the city is attempting to suspend the rights

of these young, minority men without the

safeguards of a criminal proceeding."

"As is typical with these cases, all of

the named defendants are of the same race

and general age,"'said Diane Chin of the

Lawyers' Committee. "Succumbing to

crime hysteria, the city has targeted these

constitutionally protected gatherings of

young African American men without any

proof that these individuals are engaged in

or pursuing criminal activity," Chin said.

Oakland city attorneys produced no

evidence directly linking any of the defen-

dants to gang-related criminal activity.

Many of the young men live or have

families in the area from which they would

have been effectively banished. At least

one of the defendants was a young father

who lived with his family on B Street.

Eight of the defendants, none of whom

are represented by counsel, appeared at the

June 9 hearing, declining to respond to the

Continued on next page

aclu news 7

july - august 1994

Sacramento Legislature Pushes Crime Bills

by Francisco Lobaco

ACLU Legislative Director

( vin is high on the political agenda

in the state capital this year. While

public attention has focused on the

recently enacted "Three strikes and you' re

out" legislation (which also will be on the

November ballot), legislators have

inundated Sacramento with hundreds of

additional anti-crime bills. The measures

range from a proposal to impose life

without possibility of parole for all first

time sex offenses and arson crimes, to the

public spanking of juveniles convicted of

misdemeanor graffiti. These bills reflect

the anti-crime hysteria that has made

rational policy debate by legislators on

crime issues virtually nonexistent.

Parole revocation

It's becoming common knowledge that

the "Three strikes" law will drain the state of

tens of billions of dollars over the next few

years. Less well-known, however, is the

flood of sentence-increase bills with a

cumulative budget impact in the billions of

additional dollars in prison costs. Typical

are three measures dealing with parole

revocation. AB 3005 (Umberg-D, Garden

Grove), AB 44x* (Polanco-D, Los Angeles)

and SB 33x (Kopp-I, San Francisco) would

all increase the length of incarceration upon

parole revocation from a maximum of one

year to aminimum of five years. Parole can

be revoked for numerous reasons, including

"technical" violations such as failing to

contact the parole officer or testing positive

on a drug test.

In prior years, bills of this magnitude

would not even have passed out of policy

committee. This year they all passed out.

Our strong opposition persuaded the (c)

Assembly Fiscal Committee to hold the

Assembly bills; SB 33x, however, remains

pending on the Senate floor.

Prison work credits

In a similar vein, various bills have

been introduced which reduce the amount

Not all criminal justice bills increase

penalties - others are simply

unconstitutional, discriminatory, mean-

spirited, or just ridiculous.

of worktime credit for prisoners convicted

of violent felonies. Referred to as "truth in

sentencing," these bills effectively impose

substantial across-the-board sentence

increases. The ACLU opposes these

sentence increases and has been successful

in defeating similar proposals in previous

years. This year, despite additional annual

costs estimated in the hundreds of millions

of dollars, the bills are moving through the

legislative process and are likely to reach

the Governor.

Not all criminal justice bills increase

penalties - others are simply unconstitu-

tional, discriminatory, mean-spirited, or

just ridiculous.

Prisoners' right

Among the most mean spirited and

punitive bills are AB 20x (Andal-R, Stock-

ton) and SB 1260 (Presley-D, Riverside).

These measures would gut the statutory

"Prisoners' Bill of Rights" which for over

25 years has recognized that prisoners

retain basic human rights subject to the

responsibility of prison officials to protect

the public and provide for the security

needs of the prisons. These rights include,

among other things, the right to visitation,

certain property rights, and the right to

refuse anti-psychotic drugs without a court

proceeding.

The statutes are essential to mainte-

nance of a humane prison environment for

the over 120,000 inmates in our prison

system; those who would revoke these

simple rights have proffered no valid justi-

fication for the elimination of these protec-

tions. Nevertheless, despite strong

opposition by the ACLU, prisoners' rights

groups, and families of inmates, the bills

are sailing through the Legislature and are

likely to be signed into law.

Random stops

In the unconstitutional category is AB

145x (Caldera-D, Los Angeles). This bill

authorizes police officers to conduct stops

of motorists at designated checkpoints

within a "firearms emergency area" to

search without individualized suspicion or

probable cause for weapons. Unlike the

administrative searches conducted at sobri-

ety checkpoints, this bill is directed at

evidence of criminal activity. The Fourth

Amendment mandates that police officers

must have reasonable suspicion to stop a

motorist, and probable cause to either

search the motorist or the vehicle. There-

fore, the ACLU strongly opposes this bill.

Other bills include AB 2500 (Alby-R,

Sacramento) which authorizes the Depart-

ment of Justice to create a "900" number

which members of the public can call to

obtain information whether an individual is

a registered sex offender. No "good cause"

requirement is necessary to access this

information. The ACLU has raised

concerns that this bill will promote and

incite acts of retribution by individuals

against persons previously convicted of

sex offenses. The bill will also undoubt-

edly result in discrimination against ex-

offenders by landlords, insurance

companies and other entities who now will

have easy telephonic access to this infor-

mation.

Finally, in the ridiculous category, but

unfortunately reflecting the state of mind

of many of our elected officials, is AB

150x (Conroy-R, Orange). This bill autho-

rizes the spanking of juveniles convicted of

misdemeanor graffiti. The legislation was

inspired by the recent publicity of the

flogging of the young man in Singapore for

committing vandalism. The ACLU, of

course, has argued that authorizing

beatings as a form of punishment is cruel

and unusual. Shortly after the bill was

introduced someone scrawled on the

author's door the words "Spank me." and

NOTE: The "x" following the number of

a bill means that it was introduced as part

of the Special Session on Crime called by

Governor Wilson. These bills do not follow

the regular legislative schedule and can be

voted on throughout the year.

LEARN MORE ABOUT THESE INITIATIVES IN THE NEXT ISSUE OF THE ACLU News

Ninth Circuit Panel Hears Argument

Doctor with AIDS Can Sue

Under Rehabilitation Act

by Jean Field

n May 10, ACLU-NC staff attor-

()= Matthew Coles argued before

a three-judge panel of the Ninth

Circuit Court of Appeals that a doctor with

AIDS has the right to sue for discrimina-

tion under the federal Rehabilitation Act.

The lawsuit, John Doe, M.D. v. Attorney

General, was filed in 1988 by the ACLU-

NC and the Employment Law Center, on

behalf of a medical doctor who was

working in a San Francisco hospital doing

routine physical examinations for FBI

employees. The doctor charged that the

FBI stopped sending its employees to him

when it concluded he had AIDS. Dr. Doe is

the pseudonym for a physician who is now

deceased.

In 1991 the Court of Appeals reversed

District Court Judge Charles Legge's

ruling that the doctor could not sue a

federal agency under the Rehabilitation

Act, which classifies AIDS as a disability.

At the May 10 hearing, Coles

challenged Judge Legge's 1993 decision

that held a plaintiff suing under the

Rehabilitation Act bears a heavier burden

of proof than do plaintiffs in other discrim-

ination cases, and must show that the FBI's

decision was solely motivated by the

disability. Additionally, the District Court

judge ruled that the FBI could fire the

doctor for refusing to answer questions

about his HIV status.

Coles argued in front of Judge J.

Clifford Wallace, Judge Diarmuid F.

O'Scannlain and Judge Robert Kelleher. @

Judge Denies ...

Continued from previous page

city's allegations because of fear of reprisal.

Oakland's suit was similar to those

filed by San Jose, Los Angeles and Orange

County. The ACLU-NC and the Lawyers'

Committee are appealing a preliminary

injunction issued against 38 San Jose

youths and 100 unnamed individuals in

People y. Acuna. The appeal is pending in

the California Court of Appeal. The injunc-

tion prohibits these young people from

such otherwise innocent activities as

talking with people in cars, climbing trees,

possessing screwdrivers or merely stand-

ing on a neighborhood street. The ACLU-

NC is also acting to ensure that individuals

targeted by such injunctions gain access to

some of the rights guaranteed to those

facing criminal charges.

"These cities are using their vast legal

resources against poor, minority youth in

civil suits in which they have no right to a

public defender, and no realistic opportu-

nity to prove their innocence," said Chen.

"Tf they are guilty of criminal conduct, they

should be prosecuted in the criminal justice

system."

ACLU-NC reproductive rights activist Ann Daniels (photo left, standing) and

Field Representative Lisa Maldonado (photo right, seated) were among the

hundreds of pro-choice supporters who called Congress from a free telephone site

in San Francisco's Justin Herman Plaza on May 18. They told their members of

Congress that any health care reform package must include the full range of repro-

ductive health care, including abortion.

The event, sponsored by the San Francisco Pro-Choice Coalition, was part of a

nationwide effort called by over 40 organizations including the ACLU, National

Abortions Rights Action League, Planned Parenthood and NOW.

Currently more than 60 percent of private health insurance plans cover

abortion. If abortion services are not included as basic services in a new health

care reform package, millions of women will lose their existing coverage.

"In the April Hickman-Brown poll, 72% of Americans supported covering

abortions as part of the basic insurance coverage provided to all women,"

explained Cynthia Carey-Grant, Executive Director of the California Abortion and

Reproductive Rights Action League and an organizer of the San Francisco event.

"Yet anti-choice groups are spending millions of dollars to remove reproductive

health services from any health care reform bill that passes Congress.

"We wanted to use this special day to remind Congress that the majority of

Americans are pro-choice,' Carey-Grant added.

Working Assets Long Distance Company provided free telephone lines from

Justin Herman Plaza for two hours for the calls to Congress.

8 aclu news

_july - august 1994

ur local chapter has been meeting (and

() sient plans additional meetings) in

a fine, downtown restaurant that has

been reported to the City and the State Attorney

General's Office as providing restrooms that do

not comply with State access laws.

Agreed, it is the place to meet since it offers

great atmosphere, varied menu, full bar, et al.

But if the chapter deems it conscientiously

prudent to meet in an accessible and violation-

free location, shouldn't it do some site and soul

searching for another meeting place or ask the

owner to make a few minor changes?

Now, that "access rights for persons with

disabilities" are deemed as legitimate and

enforceable "civil rights," should any ACLU

chapters meet in a restaurant or any other

meeting place that does not provide access as

required by Title 24 of the California State

Building Code (effective in 1989) and which is

now merged with the A.D.A. changes and took

effect April 1, 1994?

Perhaps some enlightenment will come

from the search for an accessible meeting place

since the chapter members will realize the diffi-

culty that all wheelchair, walker users and

others with mobility disabilities find when they

wish to dine out in this city - or even attend a

local ACLU Chapter meeting. There are few, if

any, accessible restaurants. !

Please check with your local building

official to see if your meeting place is totally

accessible and meets current laws. If the place

is not new or recently remodeled, then it is not

required to be accessible, but if it wants ACLU

chapter business, it should be!

A list of easily-measured and understood

access requirements with accompanying

drawings for restaurants is available from the

ACLU-NC Field Department. Request a copy

from Field Representative Lisa Maldonado.

Please check your meeting place and

support the civil rights of the disabled by

attending only restaurants that see fit to make

their establishments accessible to all!

Oliver Johnson

Arcata

Field Representaive Lisa Maldonado adds: The

issue of disability access was discussed at the

recent retreat of the Redwood Chapter of the

ACLU-NC. The Chapter is currently looking for

a new location that is accessible to all and

suitable for chapter meetings.

Discrimination ...

Continued from page 1

bashing climate," said ELC Attorney Chris

Ho. "It's one way this kind of bias is

manifested in a supposedly legitimate

2

way.

Amends policy

In accordance with the terms of the

settlement, AMPB will issue letters of

recommendation to each of the five

security guards and expunge any adverse

evaluations, incident reports and/or refer-

ences concerning relating to events in

1992. Furthermore, it will amend its Equal

Employment Opportunity policy to

expressly prohibit discrimination on the

basis of accent. The General Services

Administration stated that future removal

of contract security personnel on account

of his or her language abilities will only be

requested by the Contract Officer, and only

after a written, neutral individualized deter-

mination that the guard's performance or

other qualifications do not meet the

requirements. The settlement was signed

by Judge Vaughn R. Walker.

Plaintiff Estrada noted, "The termina-

tion and its consequences made me lose a

lot of confidence and self-esteem. The

settlement cannot give me back all that I

have lost, but at least it has vindicated what

I and the other security guards have

believed all along, that we were all quali-

fied to perform our jobs and that we were

unjustly discriminated against because of

our accents."

U.S. Supreme Court Won't

Hear English-Only Challenge

Te United States Supreme Court

: refused to hear an appeal by two

Latina workers at the Spun Steak

Company, a meat packing plant in South

San Francisco, who challenged an English-

only rule at their workplace. On June 20,

the high court voted 7-2 to deny a writ of

certiorari sought by the ACLU-NC and the

Employment Law Center (ELC) in Garcia

v. Spun Steak; Justices Harry Blackmun

and Sandra Day O' Connor voted to review

the case.

The employees, Priscilla Garcia and

Maricela Buitrago, and their union, Local

115 of the united Food and Commercial

Workers Union, were represented by

ACLU-NC staff attorney Ed Chen, ELC

attorney Chris Ho and cooperating attor-

ney William Orrick of the San Francisco

law firm of Coblentz, Cahen, McCabe and

Breyer. They were also supported by the

U.S. Equal Employment Opportunity

Commission whose policy is that English-

only rules violate civil rights laws that

prohibit national origin discrimination.

When the case went to the Supreme

Court, the U.S. Department of Justice also

filed a brief in support of the workers'

language rights. :

Chen was disappointed in the high

court order, which was issued without

explanation. "English-only rules are prolif-

erating at worksites around the country,

and are blighting the work environments of

those employees whom they affect. This is

especially true in California," said Chen,

who has. successfully litigated several

English-only challenges for public and

private sector employees.

"The EEOC guidelines allow restrictive

rules only when the use of a foreign

language would interfere with the function-

ing of an essential aspect of that business,

such as serving English-speaking customers.

There was no such showing here."

At the same time, Chen noted that the

court's denial means that the legality of

English-only rules is still an open

question. Although it leaves in tact the

Ninth Circuit Court of Appeals ruling in

favor of the company, that ruling only

applies to several Western states. "The

EEOC policy that English-only rules are

illegal if not based on a business necessity

is still in effect in the rest of the country,"

he said.

The ACLU-NC and the ELC filed a

complaint on behalf of the women workers

with the EEOC in 1991 after the company

issued a notice to all its employees that

"only English will be spoken in connection

with work." Garcia, a production worker at

Spun Steak for 18 years, received a

warning notice for speaking Spanish to

Buitrago, her co-worker who had been

with the company for seven years.

Both women work at a job that involves

taking frozen meat products from a conveyer

belt and packing it into boxes for wholesale

distribution. The job does not involve

dangerous equipment nor does it involve any

customer on other public contact.

The EEOC ruled in favor of Garcia and

Buitrago and the late U.S. District Court

Judge Robert Schnacke upheld the EEOC

decision, ruling that Spun Steak did not

have a legitimate business purpose in

requiring its employees to conduct all

conversations in English.

However, Spun Steak appealed and in

1993, a three-judge panel of the U.S. Court

of Appeals reversed the district court

ruling. The U.S. Supreme Court ruling

allows that decision to stand. and

CMM

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-Rich-

mond-Kensington) Chapter Meeting:

(Usually fourth Thursday) Volunteers

needed for the chapter hotline - call

Tom Sarbaugh at 510/526-6376 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,

July 13 and August 10 at 7:30 PM in the

basement of the Temescal Branch of the

Oakland Library, 5205 Telegraph

Avenue; use the rear entrance. New

volunteers welcome! Annual Meeting on

Sunday, September 11. For more infor-

mation, call the chapter hotline at

510/286-0233.

Fresno Chapter Meeting: Meet at the

Center for Non-Violence, 985 N. Van

Ness, Fresno. New members welcome!

For information on date and time of

meetings, call Nadya: Coleman at

209/229-7178 (days) or the Chapter

Hotline at 209/225-3780.

Lesbian and Gay Rights Chapter

Meeting: (Usually first Thursday) Meet

on Thursday, August 4 and September 1| at

the ACLU Office, 1663 Mission Street,

#460, San Francisco. Mailings and other

activities start at 6:30 PM. Speakers at

7:00 PM. Business meeting starts at 7:30

PM. For more information, contact Jeff

Hooper at 510/460-0712.

Marin County Chapter Meeting:

(usually Third Monday) Meet Monday,

July 18 and August 15 at 7:30 PM,

WestAmerica Bank, 1204 Strawberry

Town and Country Village, Mill Valley.

For more information, contact Richard

Rosenberg at 415/434-2100.

Mid-Peninsula (Palo Alto area)

Chapter Meeting: (Usually fourth

Thursday) Meet Thursday, July 28 and

August 25 at 7:30 PM at the California

Federal Bank, El Camino Real, Palo Alto.

For more information, contact Leah

Glenn at 415/329-1327.

Monterey County Chapter Meeting:

(Usually third Tuesday) Meet Tuesday,

July 20 at 7:30 PM at the Monterey

Library, Community Room, Pacific and

Madison Streets, Monterey. August

meeting will be a barbecue - date, time

and place to be advised. For more infor-

mation, contact Richard Criley, 408/624-

7562.

Mt. Diablo (Contra Costa County)

Chapter Meeting: (Usually third Thurs-

day) For more information, call Hotline

at 510/939-ACLU.

North Peninsula (San Mateo area)

Chapter Meeting: (Usually third

Monday) Meet August 15 at 7:30 PM. at

Planned Parenthood. Meeting and picnic

on Sunday, July 17 at 1:00 PM at the home

of Emily Skolnick, 3704 Old San Jose

Road, Soquel, 408/475-9876. For amap

to Emily's and more information, contact

Audrey Guerin at 415/574-4053.

North Valley (Shasta, Siskiyou,

Tehama and Trinity Counties) Chapter

Meeting: For more information write to:

Tillie Smith, P.O. Box 2503, Redding, CA.

96099.

Redwood (Humboldt County) Chapter

Meeting: (Usually third Monday) Meet

at 7:15 PM at the Plaza Grill, Arcata. The

Redwood Chapter needs volunteers for

our ACLU table at the North Country

Fair on September 17 and 18. If you can

help, contact Christina Huskey at

707/444-6595. Join our Whitewater

Raft Trip on the Trinity River on Satur-

day, July 30 from 8:00 AM to around 7:00

PM. The cost is $35.00 per person,

including lunch. To make reservations,

contact Christina Huskey at the number

above.

Sacramento Valley Chapter Meeting:

(Usually first Wednesday) Meet at 7:00

PM at Shakey's Pizza, 59th and J Streets,

Sacramento. For more information,

contact Ruth Ordas, 916/488-9956.

San Francisco Chapter Meeting:

(Usually third Tuesday) Meet on

Tuesday, August 2 and September 6 at

6:45 PM at ACLU Office, 1663 Mission,

#460, San Francisco. For more informa-

tion, call the Chapter Information Line at

415/979-6699.

Santa Clara Valley Chapter Meeting:

(Usually first Tuesday) No meeting in

July. Meet on Tuesday, August 2 at the

Community Bank Building, 3rd Floor

Conference Room, corner of Market/St.

John Streets, San Jose. Contact Larry

Jensen at 408/995-3250, for further infor-

mation.

Santa Cruz County Chapter Meeting:

(Usually third Thursday) Meet on Thurs-

day, July 21 and August 18 at 7:00 PM at

the Women's Law and Mediation Center,

104 Walnut Avenue, Suite 203, Santa

Cruz. Contact Eleanor Eisenberg at

408/423-8327 for further information.

Sonoma County Chapter Meeting:

(Usually third Wednesday) Meet on

Wednesday July 20 and August 17 at 7:30

PM at the Peace and Justice Center, 540

Pacific Avenue, Santa Rosa. We hold

monthly death penalty vigils with other

Sonoma County abolitionists on the 21st

of every month from 5:30 PM to 6:30 PM

at the Old Courthouse in Santa Rosa. Call

Steve Thornton at 707/544-8115 for

further information.

Yolo County Chapter Meeting:

(Usually third Thursday) No meeting in

July. Meet on Thursday, August 18. For

more information, call Natalie Wormeli at

916/756-1900 or the Chapter Hotline at

916/756-ACLU.

FiELD ACTION

MEETINGS

(All meetings except those noted will be

held at the ACLU-NC Office, 1663

Mission Street, #460, San Francisco.)

Student Outreach Committee: Meet to

plan activities for the fall semester on

Thursday, August 4 at 7:00 PM. For more

information, call Marcia Gallo at

415/621-2493.

Student Advisory Committee: Planning

meeting on Saturday, July 16 from 2:00

PM to 4:00 PM. For more information,

call Marcia Gallo at 415/621-2493.

SAVE THE DATE

SATURDAY, SEPTEMBER 10