vol. 60, no. 1

VOLUME LX

Rights Day

= WANT TO THANK ERNIE FOR HIS LARGER-THAN-LIFE ROLE in

shaping this organization - an organization which he

imbued with the integrity necessary to be respected and

heard; for creating an organization that has fought on the

unpopular side, not just for the underdog, but often for the

despised. Through it all, even though we were often on the

outside, we were never marginalized, our message was

always taken seriously."

With this tribute to Earl Warren Civil Liberties Award

honoree Ernest Besig, founder of the ACLU of Northern

California, and to the ACLU itself on its 75th anniversary,

ACLU-NC Executive Director Dorothy Ehrlich opened her

state of the union presentation at the 1995 Bill of Rights

Day Celebration.

The December 3 event at the Sheraton Palace Hotel in

San Francisco featured author and journalist Linda

Ellerbee as keynote speaker, tributes to ACLU-NC founder

Besig and chapter activist Phillip Mehas, music by nueva

cancion singer Enrique Ramirez and folksinger John

Fromer as well as award presentations to high school stu-

dent artists.

MC Aileen Hernandez, a longtime civil rights and

Continued on page 2

orematsu presents Ernest Besig with the Earl Warren Civi

SOSSHSHSHSHSHSHSHHSHSSHSHSHHSHHSOHHSHHSHSHSHSHSHSHSHSHHSSHSHSHSHHHSHSHSHHSHSHSHHSHHHSHHSHSHSHHHHSHHHSSEHHSHHHHSHHHHHHHHHHSEHHHHHHHHHHEHHEHHHHHHHHHEHHHEHHHO8SEHEEES

California Supreme Court

Hears Challenge to Restriction

Minors'

Reproductive Rights

NEWSPAPER OF THE AMERICAN euro:ivit LIBERTIES UNION OF NORTHERN GALIFORNIA

aclu news

Bags Ge eh kore

Os JANUARY 10, THE CALIFORNIA SUPREME

Court heard oral arguments in American

Academy of Pediatrics v. Lungren, the case

challenging the 1987 California law requir-

ing minors to obtain parental or judicial

consent for abortions. Plaintiffs, which

include the American Academy of Pediatrics,

the California Medical Association and other

leading health care organizations, asked the

state high court to uphold the permanent

injunction issued by the San Francisco

Superior Court in 1992, and upheld by the

state Court of Appeal on June 30, 1994, bar-

ring the state from enforcing the law.

The plaintiffs are represented by attor-

neys from the ACLU-NC, the National

Center for Youth Law (NYCL) and the San

Francisco law firm of Morrison and Foerster.

"During nine years of litigating this

issue, the state has consistently failed to

justify the law's restriction on young

women's reproductive rights," said Linda

Shostak of Morrison and Foerster who will be

arguing the case before the high court.

Shostak and Morrison attorneys Annette

iberties Award. Rick ROCAMORA

__ Chesney issued a permanent injunction

Non-Profit

Organization

US Postage

PAID

Permit No. 4424

San Francisco, CA

Carnegie and Lori Schechter have litigat-

ed the case on a pro bono basis as cooper-

ating attorneys for the ACLU-NC and the

NCYL. Plaintiffs are also represented by

ACLU-NC staff attorney Margaret Crosby

and Abigail English of NYCLs Adolescent

Health Care Project.

The challenged law restricting

teenagers access to abortion has never

gone into effect because of court orders

issued in this lawsuit, filed on behalf of

the American Academy of Pediatrics

(California District IX); the California

Medical Association, the American College

of Obstetricians and Gynecologists

(District IX); Planned Parenthood of

Alameda/San Francisco and Philip Darney,

M.D., former Director of Family Planning

at San Francisco General Hospital.

After five years of litigation and a

month-long trial in October 1991, San

Francisco Superior Court Judge Maxine

in June 1992 barring the state from

Continued on page 6

INSIDE? Language Rights # End of the Gas Chamber? = Meet New ACLU-NE Staff _

Bill of Rights...

Continued from page |

- women's rights leader and herself an Earl

Warren Award honoree in 1989, welcomed

the crowd of over 800 supporters.

Newly-elected ACLU-NC Chair Dick

Grosboll presented the Lola Hanzel

Courageous Advocacy Award to Phillip

Mehas, a San Francisco Chapter activist

and creator of the student Freedom of

Expression Juried Art Exhibit.

In explaining his compelling need to

work for the ACLU-NC, Mehas quoted

Governor Cuomo as saying that "Reagan

created an atmosphere where the denial of

compassion was acceptable."

That is what we are up against," Mehas

said, "that is why the ACLU connects with

me on a visceral level."

As an introduction to honoree Besig's

innovative leadership of the ACLU-NC [see

sidebar this page|, Ehrlich introduced an

excerpt of the film "Operation Correction,"

produced by Besig in 1961 to counter the

anti-Communist propaganda of the House

UnAmerican Activities Committee. The

dramatic footage showed police using fire

hoses to force anti-HUAC student demon-

strators down the long marble stairway of

the San Francisco City Hall rotunda.

Ehrlich noted that Besig was "clearly

ahead of his time," by making a movie to

|

Keynote speaker Linda Ellerbee

counter the accusations in the govern-

ment's propaganda film of the same inci-

dent, "Operation Abolition."

Fred Korematsu, whose conviction for

refusal to obey the internment order for

Japanese Americans in World War II was

fought by Besig all the way up to the U.S.

Supreme Court, presented Besig with the

award. "When | got arrested, I didn't feel

like a criminal," Korematsu said, "but I did-

nt think anybody would help me.

"In jail, they told me I had a visitor. He

asked me `How are you being treated?' and

offered me candy and cigarettes. He intro-

N 1934, ONE OF THE MOST DRAMATIC LABOR | aiding in the defense of Tom Mooney and Warren Billings, |

|

duced himself as Mr. Ernest Besig of the

ACLU.

"I thought here I was, an `enemy spy'

and this man wants to help me. | had a

chance to be an American again. Ernie

Besig, I want to present you with the Earl

Warren Civil Liberties award - you

deserve it."

To Besig's brief response, a heartfelt

"Thank you," Aileen Hernandez noted, "He

may be short on words but he's long on

courage."

Keynote speaker Ellerbee regaled the

audience with stories from her Texas

upbringing and her brushes with power as

a network anchor and Washington corre-

spondent: "I firmly believe it is the duty of

every citizen to keep their mouth open,"

she advised.

Ellerbee, a best-selling author and

journalist (who said she was once curtly

told by an editor that a `journalist is noth-

ing more than an out-of-work reporter')

currently produces a news program for

children through her company, Lucky

Duck Productions. "We always tell chil-

dren they are smarter than their televi-

sions.

"We need to teach them to be media lit-

erate. We need to stop telling kids the cam-

era doesn't lie. It does lie. The minute you

point it at one thing you point it away from

something else."

Ellerbee also had strong warnings

about the increasing attempts to censor by

federal legislation. Speaking of a bill that

would further restrict television program-

ming, she noted, "It is not okay to say that if

your children shouldn't watch it, you can't

or I can't. The viewer already has the best

censorship device ever invented. It's called

the on/off switch.

"With half the world working on loosen-

ing its chains, we should not be tightening

ours," she concluded.

Enrique Ramirez welcomed the crow

with songs

BILL OF RIGHTS

PHOTOS BY RICK ROCAMORA

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punished for speaking out against internment.

Area longshoremen went on strike.

After vicious police attacks on strikers, culminating in

Bloody Thursday when two trade unionists were shot inthe

back and killed outside the union hall on Mission Street, a

general strike was called.

Governor Merriam called in the National Guard who

posted themselves on top of the piers and Ferry Building

with machine guns. Police and private vigilante groups

attacked union halls, strike kitchens and strikers' homes with

teargas, bullets and bricks.

Ernest Besig

Earl Warren Civil

Liberties Award Honoree

The national ACLU, then fourteen years old and based

in New York, sent two of its southern California organizers,

Ernest Besig and Chester Williams, to San Francisco to help

defend the workers' civil liberties. Besig, a New York City

native with a law degree from Cornell University, had head-

ed west during the Depression, and was organizing farm-

workers in the fields of southern California. Besig and

Williams started the ACLU of Northern California, recruit-

ing to the Board of Directors Dr. Alexander Meiklejohn,

Mary Hutchinson, Helen Salz and Charles Hogan, who

became its first Chair.

THE RIGHTS OF LABOR

One of the first actions of the new affiliate was a lawsuit

against the cities of San Francisco.and Oakland for not pro-

tecting the strikers' First Amendment rights to free speech

and assembly. They won.

over 150 arrested. No attorney in Humboldt County was

willing to defend the strikers, so the ACLU-NC assigned Besig

to Eureka for 30 days to supply legal counsel and oppose the

reign of terror in the community.

ACLU; he became the Executive Director of the affiliate

and led the organization until he retired in 1971.

In its first decade, the ACLU-NC continued its defense

of labor, procuring full pardons for 22 Wobblies who were

convicted under California's criminal syndicalism law and

struggles in the United States took place in |

San Francisco. In an attempt to gain union |

recognition and improve the notoriously bad |

working conditions on the waterfront, Bay |

When the Holmes-Eureka lumber strike broke out, three |

pickets were killed, eight wounded by company goons and |

Besig's 30 days extended to a lifetime of service to the |

San Francisco labor leaders who had been falsely convicted

and imprisoned for the 1916 Preparedness Day bombings.

In the 1940's the ACLU-NC succeeded in having the

US. Supreme Court overturn the state's "anti-Okie" law,

which prohibited indigents from entering California. The

ACLU-NC was also was one of the few early fighters against

race discrimination in the state, challenging segregation of |

Mexican schoolchildren and denouncing the race bar and

mob violence directed against blacks in the San Joaquin

Valley.

ACLU-NC `founder Ernest esig in a 1960 photo

Imogen Cunningham.

CHALLENGING THE INTERNMENT ORDER

One of the proudest episodes of ACLU-NC history

was Besig's challenge to the World War II relocation and

forced detention of Japanese Americans from the West

Coast. In Korematsu v. United States, and three other legal

challenges the ACLU-NC

charged that the exclusion

and detention laws violat-

ed basic constitutional

rights. ACLU-NC attorney

Wayne Collins argued the

ess losiors une US,

Supreme Court which in

1943 ruled 6-3 against the

ACLU and upheld all the

war measures on the

grounds of military neces-

sity.

In addition to the liti-

gation, Besig also investi-

gated the "Gestapo-like"'

conditions at the camps at

Tule Lake, Manzanar and

Tanforan and fought on

behalf of those who were

ACLU News "= January/Fesruary 1996 = Pace 2

Exclusion and detention were not the only unpopular

wartime battles that Besig championed. The affiliate also

defended the rights of conscientious objectors and the right

of atheists to be objectors on moral, as opposed to the tra-

ditional religious grounds. In addition, the affiliate represent-

ed peace groups so that they could use public facilities to

hold their meetings.

COLD WAR REPRESSION

The end of the war presented new dangers for-civil lib-

erties as the Cold War on the home front gave rise to a new

era of political repression.

The ACLU-NC successfully defended hundreds of vic-

tims of post-war federal "loyalty and security" programs,

opposing the witch-hunting of congressional and state leg-

islative committees.

After HUAC held its widely publicized hearings in 1960

and anti- HUAC demonstrators were shoved and hosed

down the steps San Francisco City Hall by police, HUAC

issued a distorted propaganda film Operation Abolition. In

a counterattack which was truly ahead of its time, Besig

produced a film refutation, Operation Correction, which

was distributed nationwide.

The widespread political ferment of the 1960's brought

new challenges to the ACLU. The ACLU-NC fought for aca-

demic freedom during the Free Speech Movement at UC

Berkeley, continued to be active in the growing civil rights

movement, and launched campaigns for prisoners' and

immigrants' rights.

Under Besig's leadership, ACLU-NC membership grew

from 60 to over 12,500 at the time of his retirement; the -

membership is now 27,000. One chapter grew to be 12,

and now 17.

Ernest Besig retired from the ACLU-NC in 1971, but he

went on to teach political science for a dozen more years at

San Francisco State University.

Through his years of fighting against the odds for civil

liberties, Besig won the esteem and admiration of genera-

tions of lawyers, clients, judges and activists devoted to the

Bill of Rights.

Ninth Circuit Looks at the Gas Chamber

Tis LANDMARK LAWSUIT FIERRO V. GOMEZ

which in 1994 ended California's use of the

gas chamber was argued before the Ninth

Circuit U.S. Court of Appeals on December

5. Former ACLU-NC Death Penalty Project

Director Michael Laurence, now an attor-

ney with Sternberg, Sowards and Laurence,

argued the case before the three-judge

panel of Judges Harry Pregerson, Melvin

Brunetti and Thomas G. Nelson.

The appeal was brought by Deputy

Attorney General Dane Gillette after U.S.

District Court Judge Marilyn Hall Patel ruled

on October 4, 1994, that the state of California

was barred from using the gas chamber to

execute condemned prisoners because "the

pain experienced by those executed is

unconstitutionally cruel and unusual."

During the October 1998 trial, the

ACLU had called a dozen witnesses,

including medical experts in the fields of

toxicology and forensic pathology, a legal

ethicist, journalists and other eyewitness-

es to executions who described the suffer-

ing inflicted by the gas chamber.

At the heart of the ACLU challenge was

the contention that persons executed by

cyanide gas are conscious and endure

excruciating pain for several minutes while

they are dying of air hunger caused by the

effect of the gas on their bodies. The

District Court found that an inmate in the

gas chamber suffers from "an intense and

visceral air hunger analogous to strangula-

tion or drowning," and experiences "exquis-

ite pain."

_ The state, whose attorneys sought to

defend the use of the gas chamber, the

method of execution that California has

employed to execute 196 prisoners since

1937, argued that the District Court

employed the wrong legal standard in mak-

ing its decision.

In 1992, the state Legislature passed a

law allowing the state to kill by lethal

injection; the law went into effect on

January 1, 1998. However, the legislation

provided that the gas chamber would be

used unless the condemned prisoner elect-

ed to be executed by lethal injection.

Fierro v. Gomez, was originally filed by

| the ACLU-NC in April 1992 - one day after

| Governor Pete Wilson rejected Robert

|

|

|

Harris's clemency appeal and four days

| before Harris was scheduled to die in San

Quentin's gas chamber. Robert Harris was

|

the first person to be executed in California

in a quarter century. A year later, David

Mason abandoned his appeals and was exe-

cuted - by gas - in San Quentin on

August 24, 1993. San Quentin doctors'

recordings of the executions indicated that

both men were alive and conscious of pain

for several minutes following the release of

gas into the chamber.

Since 1970, most states have aban-

doned the gas chamber; today, only a

handful of states maintain the gas cham-

ber as an option along with lethal injec-

tion. During the trial, U.C. Berkeley Law

Professor Frank Zimring concluded that

the rejection of the gas chamber by many

state Legislatures indicated an "evolving

standard of decency," by which this method

was deemed unacceptable.

Deputy Attorney General Gillette, how-

ever, argued in the appellate court that the

almost universal abandoning of the gas

chamber - which the District Court had

agreed was a measure of the "evolving stan-

dard of decency' -_ was irrelevant.

Gillette claimed that the constitutionality

of the gas chamber should not depend on a

"sliding scale" of state acceptance.

However, Ninth Circuit Court Judge

Brunetti, noting that the state had not

challenged Judge Patel's finding about the

abandonment of the gas chamber as "erro-

neous," stated, "So, we're stuck with the

facts here."

Another point of contention at the

hearing was Gillette's assertion that if the

barring of the gas chamber were to be

upheld, a similar challenge to lethal injec-

tion would follow and the state of

California would be blocked from execut-

ing anyone on Death Row. In response,

Laurence emphasized that although it is

possible that someone may eventually

bring a suit against lethal injection, the

only method of execution that was being

challenged in Fierro was the gas chamber,

a proven instrument of prolonged and

unnecessary pain.

Judge Pregerson dismissed the possibili-

ty of a contemporaneous challenge to lethal

injection, rhetorically asking the state's

attorney, "But that's another case, right?"

In addition to Laurence, cooperating

attorney Warren George of McCutchen,

Doyle, Brown and Enersen is representing

| the Death Row inmates in the litigation.

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Civic Activist, Attorney

Grosboll to Lead ACLU-NC

Warn DICK GROSBOLL STARTED AS A LAW CLERK

for the ACLU-NC Legal Department in

1980, he never dreamed that he would

become Chair of the Board of Directors of |

the organization. But then he probably |

never thought he would head up the

Legislative Policy Committee, the Field

Committee, or the Annual Conference

Committee either. i

In his long tenure with the ACLU-NC,

Grosboll has served the affiliate in many

capacities. A Board member from 1985-91

and 1994-95, he also served as the Vice-

Chair. During the 1980's, he co-chaired the

Pro-Choice Action Committee, playing a

leading role in the battle for reproductive

rights as a grassroots lobbyist and organizer.

Grosboll plans to visit each of the 17

ACLU-NC Chapters during his first year in

office, and has already met with activists in

the Monterey County, Mid-Peninsula,

Santa Cruz, Marin and Redwood Chapters.

"The experience and input of Chapter

leaders on the local level is invaluable,"

said Grosboll "and I look forward to attend-

ing Chapter events and meeting with

Chapter Boards throughout the year."

Defeating the anti-affirmative action

initiative is also a key goal for Grosboll in

the coming year. "We must do everything we -

can to preserve the important affirmative

action programs we have in California -

while these programs which enriched our

educational institutions and workplaces,

they have only begun to provide equal

opportunities for women and people of col-

Wy)

or.

An experienced fundraiser, Grosboll

intends to focus on stabilizing the financial

integrity of the organization, in particular

educating members about the Planned

Giving Program which enables supporters

to give substantial endowments to the orga-

nization in their bequests. He also aims to

New ACLU-NC Chair Dick Grosboll

ensure funding for the innovative Howard

A. Friedman First Amendment Education

Project, now entering its fifth year.

Grosboll is an attorney with the San

Francisco law firm of Neyhart, Anderson,

Reilly and Freitas, a five-attorney firm that

represents labor unions, employee benefit

trust funds, and workers and retirees. He

serves on the Board of San Francisco

Neighborhood Legal Assistance

Foundation and on the Human Rights

Committee of the State Bar's Legal Service

Section.

Long active in San Francisco electoral

politics, Grosboll was on the Citizen's

_ Advisory Committee on Charter Reform in

1994, was an officer of the Richmond

District Democratic Club and served as

Treasurer for San Francisco Superior Court

Judge Donna Hitchens' 1990 campaign and

Roberta Achtenberg's Supervisorial cam-

paign. He was also the former Chair of the

San Francisco Traffic and Parking Commission.

In 1992, Grosboll received the Voices of

Change Community Activist Award from

the Family Violence Prevention Fund.

ACLU News = January/Fesrvary 1996 = Pace 3

Grosboll succeeds Milton Estes, the

first openly gay Chair of the ACLU-NC.

Estes, a physician who works with people |

with AIDS and prisoners in the San |

Francisco County Jail, served as Chair for

the past four years and has also played a

leading role in training ACLU activists

around the country in fundraising and

Board development.

As he handed over his gavel, Estes

assured the Board of Directors that he will

continue to be active in the organization

which he characterized as "the organization

that means above all respect and maximiz-

ing respect for more people in the world."

Estes also noted that he feels "entirely

sanguine" in leaving the Chair to Grosboll

who "has the intelligence and personal

kindness necessary to lead the ACLU-NC

in the way we all hope it will be led."

ACLU-NC Board

Elections

Ths FOLLOWING HAVE BEEN ELECTED TO SERVE

on the Board of Directors of the ACLU-NC.

They will serve three-year terms beginning

in January, 1996. [An 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_1995.batch ACLUN_1996 ACLUN_1996.MODS ACLUN_1996.batch 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 denotes an incum-

bent.] Marsha Berzon, *Milton Estes,

Warren George, *Dick Grosboll, *Jennifer

Kern, *Susan Mizner, Dr. Carlos Mufioz, Jr.,

*Nancy Pemberton, *John Schweizer,

*Beverly Tucker.

In addition, Martha Jimenez, David

Kirp, L. Jay Kuo, Michael Lee, Thomas

Nolan and Millicent Rutherford have been

appointed to the Board to fill interim

vacancies. Jimenez is Regional Counsel

for the Mexican American Legal Defense

and Education Fund (MALDEF) and has

served as co-counsel with the ACLU-NC on

cases challenging Proposition 187 and

Governor Wilson's rollback of affirmative

action. Kirp is a Professor of Public Policy

at U.C. Berkeley, a journalist and the

author of eleven books on social and politi-

cal issues. Kuo, an attorney with Howard,

Rice, Nemerovski, Canady, Falk and Rabkin,

is also on the Board of Directors of Bay

Area Lawyers for Individual Freedom and

is a cooperating attorney for the AIDS

Legal Referral Panel. Lee, an immigration

lawyer in San Francisco, has served on the

Board of the Asian Law Caucus. Nolan, a

criminal defense lawyer who served on the

ACLU-NC Legal Committee in the 1970s, is

the former president of California

Attorneys for Criminal Justice. Millicent

Rutherford is a longtime ACLU-NC activist

who has played a role in fundraising for

many years; she currently serves on the

Development Committee.

NEW BOARD OFFICERS

The following have been elected as the

new officers of the ACLU-NC Board of

Directors: Dick Grosboll, Chair; Luz

Buitrago, Vice-Chair and Chair of the

Legislative Committee; Davis Riemer, Vice-

Chair and Chair of the Development

Committee; Margaret Russell, Vice-Chair

and Chair of the Legal Committee;

Michelle Welsh, Vice-Chair and Chair of

the Field Committee; Nancy Pemberton,

Treasurer; Milton Estes, representative to

the National ACLU Board. They will serve

on the Executive Committee along with

Eleanor Eisenberg, Maria Ontiveros, and

Fran Strauss.

ACLU-NC Fights

Arizona Law on

`Official English'

Ix A VICTORY FOR LANGUAGE RIGHTS ADVOCATES,

the Ninth U.S. Circuit Court of Appeals

struck down Article 28 last October in

Ynigueg v. Arizonans for Official English.

Article 28, passed by Arizona voters in

1988, declared English to be Arizona's offi-

cial language and required all state agencies

to "act in English and in no other language."

Article 28 also banned the enforcement of

any law or policy that required the use of any

language other than English.

"The Court recognized that English-

only laws are unnecessary, patronizing and

Workers at Hillhaven Charge

Nursing Home with Language

Discrimination

Nive CURRENT AND FORMER WORKERS AT A SAN

Rafael nursing home owned by the

Hillhaven Corporation, the largest nursing

home chain in the United States, have

accused their employer of violating federal

and state civil rights laws by implementing

a "speak-English-only" policy. At a press

conference on November 16 at the ACLU-

NC office, the workers announced that they

had filed discrimination charges with the

U.S. Equal Employment Opportunity

Commission and the California Department

of Fair Employment and Housing.

The workers, who are Spanish, Tagalog

and Haitian Creole speaking and who work

as nurse's assistants, housekeepers and

janitors, are supported by their union,

Local 250 of the Service Employees

International Union (SEIU). They are rep-

resented by Christopher Ho, staff attorney

with the Employment Law Center and

ACLU-NC staff attorney Ed Chen.

Employees at the San Rafael nursing

home have received both written and ver-

bal discipline from administrators. In addi-

tion, they have been subjected to

unremitting verbal abuse, humiliated in

front of co-workers, and have even been

reprimanded for speaking in Spanish to

Hispanic residents who speak no English.

Marissa Ferguson is a Certified Nurse's

Assistant (CNA) from the Philippines who

worked at the San Rafael facility, known as

Hillhaven Fifth Avenue, until August of this

year. She was reprimanded several times

for speaking Tagalog, including once when

she was on her break, speaking to her niece

on a pay phone located away from the resi-

dent area.

Ferguson also was admonished when

she assisted Spanish-speaking workers

who were trying to communicate with

English-speaking residents.

"When the administrators reprimanded

us for trying to help each other, it made us

feel terrible," Ferguson explained. "You

should not be ashamed...[of] your culture

and your language and your home, but this

is what they were trying to do to us."

Maria Martinez, a Salvadoran who has

worked as a CNA at Hillhaven since 1990,

says that she has been reprimanded several

times for speaking Spanish since the new

administrator, Merlin Davey, recently took

charge of Hillhaven Fifth Avenue.

In a June 1995 incident, Martinez

spoke in Spanish to a non-English speaking

resident from Honduras. Davey was walk-

ing by, and later called Martinez over the

loudspeaker to his office and asked her to |

sign a written warning.

| SEIU Field Organizer Maria Griffith-Canas and Hillhaven janitor Eduardo Custodio

| have charged the convalescent home with language discrimination.

"TL refused to do so," Martinez recounted.

"Even though Mr. Davey eventually rescind-

ed the warning, I was still angry and humili-

ated, mainly because he reprimanded me in

front of everyone, including other nurses,

and then later called me to his office via the

intercom. I was very embarrassed to be

called into his office and reprimanded just

for speaking my own language."

"T feel that the English-only rule is their

way of intimidating workers and of discrim-

inating against me because | speak a differ-

ent language, even though the quality of my

~ work is very good," Martinez said.

Fellow worker Eduardo Custodio, a jan-

itor at the Fifth Avenue facility, said,

"Whenever one of my co-workers is repri-

manded for speaking Spanish, I feel like

quitting my job because of the pain in my

co-workers' reactions."

ELC attorney Ho explained that

Hillhaven's "speak-English-only" rule vio-

lates civil rights laws which protect against

national origin discrimination. "The law is

clear that where a rule of this sort creates a

hostile work environment for minority

workers, it is discriminatory and illegal. By

creating a workplace in which non-English-

speaking employees are fair game for disci-

pline and even termination simply for

Union MaIp

speaking a few words in their mother

tongue - and for no legitimate business

reason whatsoever - Hillhaven has bla-

tantly violated their civil rights.

"The fact that Hillhaven has disciplined

employees for having Spanish conversa-

tions with Spanish-speaking residents

points to the basic disrespect it harbors for

all persons of color. Its rule is used, almost

calculatingly, as a tool for intimidating and

harassing workers," Ho added.

ACLU-NC attorney Chen, who on

November 1| testified in Washington, D.C.

against the "Official English" legislation

pending before the U.S. House of Represen-

tatives (see related story next page), said

that the proliferation of workplace "English

only" rules are another facet of the assault

on immigrant workers. "Unfortunately,

"speak English only cases are not unique.

There are cases like Hillhaven up and down

the state involving everything from pizza

parlors to business offices.

ACLU News = January/Fesruary 1996 = Pace 4

divisive," said ACLU-NC staff attorney Ed

Chen. :

Arizona attorneys Robert Pohlman

and Steve Montoya representing a state

employee and a state Senator - both

Latino - had previously successfully con-

vinced the U.S. District Court in Arizona

and a panel of the Ninth Circuit of the

Article's unconstitutionality; however, the

group called Arizonans for Official English

asked the Ninth Circuit sitting en banc to

reconsider the panel's decision.

Because of the ACLU-NC's experience

with language rights cases, the private

attorneys requested the participation of

the ACLU-NC in the case in the form of an

amicus brief. In an unprecedented

action, however, the Ninth Circuit denied

the ACLU-NC's petition to file a brief.

Instead, ACLU-NC staff attorney Chen

assisted the plaintiffs' in developing three

main points: Article 28's ban on lan-

guages other than English improperly

regulates the content of speech and is not

a valid "time, place and manner restric-

tion" on public employee speech; striking

down Article 28 does not create an affir-

mative right to governmental services in

languages other than English; and

upholding the district court and panel's

decisions would not be inconsistent with

the Ninth Circuit's ruling in Garcia v.

Spun Steak which upheld an employer's

English-only rule because the employees

were bilingual.

In Yniguez, the Court held that by pro-

hibiting public employees and officials

from using languages other than English

in the performance of their duties, the

amendment unduly burdens their First

Amendment rights as well as those of a

portion of the populace they serve.

The Court added that Article 28's

adverse impact falls almost entirely on

Latinos and other national origin minori-

ties, violating their right to equal protec-

tion of the law; rather than promote unity,

language restrictions often mask discrim-

ination against national origin groups or

nativist sentiment, the Court noted.

Another Article 28 challenge in the

Arizona state court, Ruiz v. Arizona, will

be argued on February 14. The ACLU-NC

filed an amicus brief in this case,

authored by cooperating attorney Robert

Rusky, for the Arizona Court of Appeal.

"Rules prohibiting language minori-

ties from speaking their native language

are based on disparaging stereotypes

which demonize immigrants as irrespon-

sible and disruptive. English-only rules

corrode civil liberties and foster bigotry

and intolerance. They suggest that for-

eign languages and ethnic diversity are

something to be feared, not celebrated,"

Chen said.

SEIU representative Maria Griffith

Cafias added, "The English only rule is

implemented even more harshly against

employees who are either monolingual

non-English speakers or have limited

English proficiency. [Some workers] are

not speaking at all because they are

afraid. They cannot stop us from speak-

_ ing our language. They cannot take our

culture away from us."

Chen Testifies in D.C. Against

`Official English'

66

Tanucranrs UNDERSTAND THE IMPORTANCE |

| Opportunities Subcommittee on

of English. They don't need a patronizing |

|

|

|

|

Early Childhood, Youth and

Families is currently con-

sidering four bills that

would make English the

United States' official

language and require,

with few exceptions,

the government to

conduct

business and

print forms

exclusively in

English.

Out of the

eight witnesses at

the Republican-con-

trolled Subcommittee

hearings, Chen was the only

one invited to testify against

English-only legislation. Those

testifying in favor of the legisla-

tion spoke about immigrants' suc-

cess gained through learning

English and speakers included

former pro-football player

Charles Gogolak, former Official

English leader Linda Chavez.

In his limited time allotment,

Chen explained to the subcom-

proclamation making English the `official' |

language; theyneed resources and English |

classes," testified ACLU-NC staff attorney _

Ed Chen in Washington D.C. during |

Congressional hearings on "English-only" |

legislation in November. |

The House Economic and Educational |

"The common bond that

unites Americans of all

backgrounds, origins, and

languages is our shared

belief and commitment

to freedom, democracy

and liberty. That bond

runs deeper than the

English language."

- Ed Chen

ACLU-NC staff attorney

CHOKSHSHSHSHSHSHSHHSHHHSHHOHHHSSHHSHSHHHHHHHHHHHHHHHHHHHHSHHHHHEHHHHESEHH

May MAW BE Wie Bis

m You were told to speak only Englich at work.

@ You were denied a job or promotion

because you speak English with an accent.

For inforrmmation about your rights, call:

THE LANGUAGE BRIGHTS PRO JkGCyT

4.800.864.1664 :

Assistance available in English, Spanish, Cantonese and Mancarin.

JCHMT PROJECT OF THE ACLIS POUPRRATHOR OF RRDATHERNM CALI REMIA AMI THE

ERMCLOVAIENT LAW DEeMTER OF THE LEGAL GID SOCIETY OF SAR FROM ER Ss

mittee why the ACLU strongly

The new ACLU brochure Affirmative Action

California: Why It Is Still Necessary, a collaborative

publication of the state's three ACLU affiliates,

Northern California, San Diego California and San

Diego and Imperial Counties, is full of useful facts on

the history and impact of affirmative action as well

as powerful arguments in defense of the programs.

The 6-page pamphlet is an informative, easy-to-

use tool for speakers and organizers. More than

5,000 copies have already been distributed around

the state.

To order your copy, send in the coupon below.

| Support Affirmative Action

(J Keep me posted on ACLU activities

(J Send me a copy of Affirmative Action California

NAME

ADDRESS

Ciry, State, Zip

PHONE (DAYS) (Eves)

FAX E-MAIL

Please fill out and return to Field Department

ACLU-NC, 1663 Mission Street

San Francisco, CA 94103.

ACLU News = Januany/Fesruary 1996 = Pace 5

Law

opposes such legislation.

"We believe English-

only laws violate civil

rights and liberties in

three ways. First,

the current propos-

als would restrict

services and infor-

mation that the

government may

provide in lan-

guages other than

English. Some

would expressly ter-

minate bilingual vot-

ing assistance and

education, impacting

most heavily on children and

the elderly. These proposals

would also prohibit other services and

information which do not fall within ill-

defined exceptions. Thus, Americans with

`limited English proficiency might be

| deprived of an opportunity to contest the

denial of social security benefits, to obtain

job training, to consumer protection warn-

ings, or to help in filling out tax forms. This

purposeful disenfranchisement of lan-

guage minority Americans denies them

equal protection of the laws.

"Second, the current English-only pro-

posals could ban elected officials and their

staff from communicating with non-

English speaking constituents, violating

First Amendment rights.

"Finally, English-only laws corrode civil

rights and liberties because they foster big-

otry and intolerance. Their justification is

- invariably grounded on disparaging stereo-

types which demonize immigrants as irre-

sponsible and unamerican because of their

failure and refusal to learn English. These

assumptions breed prejudice and bigotry

and create an environment conducive to

public and private discrimination.

"The predicate assumption of English-

only proponents -that English is the `social

glue' that holds our society together- is

facile. The common bond that unites

Americans of all backgrounds, origins, and

languages is our shared belief and commit-

ment to freedom, democracy and liberty.

That bond runs deeper than the English

language," Chen concluded.

High Court to

Review San Jose

Anti-Gang Injunction

By Maria ARCHULETA

Ax ACLU VICTORY PREVENTING THE CITY OF

San Jose from curtailing the civil rights of

young Latinos will be reviewed by the

California Supreme Court at the request of

the City. The California Supreme Court

agreed to hear an appeal of the appellate

court's ruling in People v. Acuna which

declared that several provisions of a Santa

Clara Superior Court injunction were

unconstitutional.

The city's injunction criminalized 38

young Latinos for otherwise legal acts, like

making noises and standing on the side-

walk in the Rocksprings neighborhood of

San Jose. Cited as an attempt to curb gang

violence, the City of San Jose labeled the

aforementioned 38 and 100 other unnamed

youth, members of two street gangs, Varrio

Sureno Loco and Varrio Sureno Treces, and

obtained a preliminary injunction in 1993

based on public nuisance law.

The defendants could be punished by

up to six months in jail or a $1,000 fine for

violating the injunction by engaging in

such "gang-related" activities including:

gathering together in public, talking to

persons in cars, climbing trees, wearing

certain clothing, verbally referring to

gangs, making gang "hand signs," wearing

certain clothing and carrying items like

pagers, marbles, screwdrivers, pliers, and

marking pens.

Because the injunction came via a civil

suit, those declared gang members were

not allowed protections ensured in a crimi-

nal proceeding including the right to an

appointed attorney, a jury trial or criminal

justice standards of proof.

"The City of San Jose is attempting to

make an end run around the criminal jus-

tice system by arbitrarily suspending the

constitutional rights of these young

Latinos," charged ACLU-NC staff attorney

Ed Chen. "Simply because these youth are .

suspected gang members, they are stripped

of the guaranteed freedoms of speech and

assembly as well as the right to due process.

It's classic guilt by association," he added.

The ACLU-NC and other civil rights

advocates appealed the Santa Clara

Superior Court order. In April 1995, the

California Court of Appeal found that the

injunction's vagueness and overbreadth

did not sufficiently define the prohibited

activities or provide definite standards for

police enforcement and ascertainment of

guilt. These flaws, stated the court, lead to

arbitrary and discriminatory enforcement.

Ruling that the injunction could go no fur-

ther than the Constitution allows, the

court limited it to prohibit only clearly ille-

gal activities.

The City of San Jose is not alone in

using constitutionally questionable injunc-

tions to try to solve gang problems, and in a

number of other cities, courts have issued

similarly structured injunctions. The ACLU-

NC was successful in preventing such an

order sought by the city of Oakland in the

1994 civil suit, Oakland v. "B Street Boys.

According to Chen, the success of gang

abatement injunctions is not the pivotal

issue. "Whether they work in reducing

crime or not, they flagrantly violate the

rights of groups targeted specifically because

of their age and ethnicity. Illegal searches

may also work, but our Constitution doesn't

permit them, lest we were to allow the gov-

ernment to impose a complete police state. -

"T hope these things are not given the

go-ahead," Chen continued, "because

cities see them as an easy means of con-

trolling crime and we'll see many of our lib-

erties disappear."

In addition to Chen, the team of attor-

neys challenging the San Jose injunction

includes former ACLU-NC staff attorney

Amitai Schwartz; Public Interest Law Firm

attorneys Patricia Price and Amanda

Wilson; Sara Campos of Lawyers' Committee

for Civil Rights; Stuart D. Kirchick of Siner,

Steinbock, Hofmann and Pennypacker; and

National Lawyers Guild attorney Daniel M.

Mayfield. The oral argument before the

California Supreme Court will probably be

heard sometime this year.

Minor's Rights...

Continued from page |

enforcing the law. The Court ruled that the

and equality under the California

Constitution.

During the trial more than twenty

expert witnesses - including doctors and

other health care providers who work with

teenagers, psychologists and judges from

front unsympathetic parents or navigate a

California physicians and counselors testi-

Attorney

George

Honored

Actu-Nc BOARD MEMBER AND COOPERATING

attorney Warren George, a partner at

McCutchen, Doyle, Brown and Enersen, was

honored with the American Bar

Association's Pro Bono Publico Award at

the organization's annual meeting in

August in Chicago.

George, a newly elected member of the

ACLU-NC Board of Directors, has served as

cooperating counsel in major ACLU-NC

cases - Fierro v. Gomez, which brought

an end to the gas chamber in California

[see article p. | and Gates v. Deukmejian

which dramatically improved the medical

and psychiatric conditions for prisoners at

the California Medical Facility.

hours annually on prob bono projects, was

one of five attorneys and firms honored by

the Bar Association this year.

law violated teenagers' rights of privacy |

states where similar laws are in effect - |

testified about the disastrous effect of such |

laws on the physical, mental and emotional |

health of teenagers who are forced to con- |

formidable judicial system to obtain a _

court order for an abortion. In addition, (c)

fied that the state's current system, which |

has been in place for twenty years, insures _

George, who often logs more than 1,000 |

informed consent. National experts also

testified that adolescents are capable of

making informed decisions about their

reproductive health care. Existing California

law provides for many important medical

decisions to be made by unemancipated

minors without parental consent including

those related to drug and alcohol treat-

ment, treatment of sexually transmitted

diseases and all aspects of carrying a preg-

nancy to term.

State Fails in Pursuing

False Murder Charge

Avrer JACKIE LYNN JOHNSON SPENT CLOSE TO

a month in jail and lived under a cloud of

accusation for almost a year, the Contra

Costa District Attorney's Office dropped

murder charges against her in October.

The District Attorney's theory was that Ms.

Johnson's alleged drug use was related to

her fetus' death. In asking the court to dis-

miss the changes, the District Attorney

admitted the the medical evidence - evi-

dence that had been available to him for

over seven months - showed that the

death was unrelated to Ms. Johnson's sup-

posed drug use.

This marks the third unsuccessful

attempt to pursue a murder prosecution

based on the mistaken premise that the

California murder statute applies to a

woman's conduct affecting her fetus.

ACLU-NC staff attorneys Ann Brick and

Margaret Crosby, who helped defend

Johnson, also.represented the defendants

in the two previous, almost identical cases,

People v. Jones and Jauregui v. Municipal

Court. In both cases, the courts held that

claiming a woman's substance abuse dur-

ing pregnancy fatally injured her fetus is

legally insufficient to sustain a charge

under California's murder statute.

ACLU-NC attorney Brick said, "If the |

court had accepted the prosecution's legal |

theory it would have created a statute of

almost boundless reach. Because the |

Judge Chesney ruled that the state had

failed to justify the laws burden on

teenagers' rights to privacy. In upholding

Judge Chesney's decision, the Court of

Appeal ruled that the statute "does not and

cannot further the interests it purports' to

protect" - the health of teenagers and the

relationship of parents with their children.

Indeed, the court noted, the challenged

statute "injures those interests....[T]he

judicial bypass procedure creates a sub-

woman and her fetus are inextricably

linked throughout pregnancy, her deci-

sions about whether to obtain prenatal

care, to stop drinking or smoking, to

change her dietary habits, to change her

employment or leisure time activities, or

to accept or follow her doctor's advice

would all render her vulnerable to prose-

cution for having caused harm to the

fetus.

"But the prosecution's legal theory

wasn't the only thing wrong with the

Johnson case," Brick continued. "The facts

did not support its case either. neverthe-

less, Jackie Johnson spent a month in jail

because the District Attorney did not do

his homework."

ACLU-NC attorney Crosby concluded,

"Prosecuting women for allegedly harming

their fetuses through drug use is an irre-

sponsible use of criminal statutes, and a

waste of taxpayers' money which could be

better spent augmenting the scarce prena-

tal services available to women needing

drug or alcohol treatment. These prosecu-

tions, which have never been successful,

do nothing to solve drug abuse but create a

climate of fear that prevents women from

seeking prenatal care or informing their

doctors about their drug use."

Johnson was represented by Deputy

Public Defender Terri Mockler as well as

ACLU-NC attorneys Brick and Crosby.

(c) OHHHHHHHSHHHHHHHHHSHHTHHHHHHHHHHHHHHHHHHHHHHSHHHSHHHHHHHHHSHHHHSHHHHHHHHHHHHHHSHSHHHSHHOHHHSHHHOHSHHSHHSHSHHHHSHHHHOHSHHOSHOHHEHHCHOHLOECLE

| stantial obstacle whose only effect is to hin-

der the minor from obtaining an abortion."

Plaintiffs argue that the competent

counseling and health care by the current

medical system, in place for more than two

decades, better serves the welfare of preg-

nant teenagers.

The California Supreme Court has the

_ final authority to decide this case because

_ it involves the interpretation of the state

Constitution. @

Case Dismissed Against

Picketing Seamstresses

_ of court battle, designer and manufacturer

Tasicrawe WOMEN GARMENT WORKERS WHO

were picketing a prominent San Francisco

dress designer in pursuit of back pay had a

free speech victory. After more than a year

Jessica McClintock proposed to voluntarily

dismiss her case against Asian Immigrant

| Women Advocates (AIWA), a group sup-

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The Conference is FREE!!! but you

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For more information or to register,

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ACLU News = JAnuary/FesRuary 1996 = Pace 6

| porting the picketing seamstresses.

"Even with all the money in the world,

| McClintock still can't push around poor

immigrant women," said cooperating attor-

_ ney Arthur Brunwasser who represents

AIWA with ACLU-NC staff attorney Ed Chen

' and Lora Jo Foo of the Asian Law Caucus.

AIWA, a community based non-profit

| advocacy group, launched a campaign two

_ years ago on behalf of twelve seamstresses

| who had not been paid for work they had

' completed for a garment manufacturer

contracted by McClintock. AIWA demanded

that McClintock assume responsibility for

the $20,000 in back wages which the seam-

stresses could not collect from the contrac-

tor who had declared bankruptcy.

For two years, the displaced workers

peacefully picketed at McClintock's San

Francisco retail outlet and her Pacific Heights

residence. On July 20, 1994 McClintock went

to San Francisco Superior Court for a

Temporary Restraining Order against AlWA,

seeking to stop the protests at her boutique

and residence. Although the judge allowed

the demonstrations to continue, he did grant

McClintock a limited temporary retraining .

order, limiting the noise level of the pickets

and the size of the residential picketing.

According to AIWA's Campaign

Coordinator Vivian Chang, "This is a great -

victory for immigrant women workers and

our communities. ... Now is the time for

McClintock to show corporate responsibili-

ty and sit down with the workers." The

seamstresses and their supporters want

McClintock to guarantee that all workers

who sew her labels will have safe working

conditions and fair wages.

Evans, New ACLU-NC Staff

Attorney

BY MariA ARCHULETA

= THINK EVERYONE DESERVES EQUALITY AND

social justice, just basic human rights, not

anything extraordinary," said Kelli Evans,

ACLU-NC new staff attorney. Although

Evans only joined the legal staff in late

October, she has already put her beliefs

into action in the areas of criminal justice,

gay and lesbian rights, and poverty law.

Evans said that she is excited about

working for the ACLU because, "while

espousing the rhetoric of equality and inclu-

sion, the United States tolerates and endors-

es enormous disparities between individuals

based on race, class, gender, class, sexual

orientation and immigration status.

"A just society should not tolerate such

disparities," Evans added, "and the ACLU

helps make the concept of `equal justice

under the law' more meaningful for a

greater number of people." In her first

months at the ACLU, she has already con-

tributed to this effort. She has researched

the federal government's racially disparate

treatment of crack cocaine users, studied

the impact of California's Three Strikes

law, and most recently, has begun work on

upholding the Consent Decree which

ensures racial desegregation in the San

Francisco public school system.

Evans comes to the ACLU with a vari-

ety and depth of litigation experience. She

represented juveniles in Sacramento as an

Assistant Public Defender, worked with

immigrants at the Immigration Law Clinic

in Davis and was an advocate for prisoners

through the Prison Law Office. Evans also

gained experience in death penalty trial

preparation as a law clerk with the

Kelli Evans

Sacramento County Public Defender.

As the Ruth Chance Fellow at Equal

Rights Advocates in San Francisco, Evans

coordinated the Advice and Counseling

Program for women who had been discrim-

inated against on the basis of sex and race.

Raised in an urban housing project in

Colorado, Evans graduated from Stanford

Otto Returns to Head Student

In THIS YEAR'S HIGH SCHOOL YEARBOOKS,

Nancy Otto will probably be voted Most

Popular - when she sends an invitation,

everybody comes! Otto, the new Director of

the Howard A. Friedman First Amendment

Education Project, has already hosted sev-

eral successful teacher training workshops

Rights

last summer to take over the leadership of

the innovative student project upon the

Project

want to explore different ways (c)

reaching their beliefs

Union Map

in Public Policy and received a Public

Interest Law degree from UC Davis School

of Law, where she was a member of Lamda

Law Students, the Black Law Students

Association and President of King Hall

Legal Foundation.

Evans explained, "I feel an intensely

personal motivation and responsibility to

defend and expand civil rights and civil lib-

erties. As a child who didn't have access to

a lot of material things and who was treat-

ed differently because of race, gender and

neighborhood, | realized early on that not

everyone has equal access to government

or equal justice.

"T hope to be a zealous civil rights and

civil liberties advocate," Evans added.

"We're extremely pleased to have found

someone like Kelli," said ACLU-NC

Managing Attorney Alan Schlosser. "Her

experience, both personal and profession-

al, made her the ideal choice for the posi-

tion." Evans replaces former staff attorney

Matthew Coles who is now works for the

national ACLU as the Director of the

Lesbian and Gay Rights Project and the

AIDS Project. Coles divides his time

between New York and San Francisco. @

Lesbian Rights in

San Francisco

before joining

the ACLU-NC

Field

Department in

1991.

on sexual harassment and the First departure of former Director Marcia Gallo. and goals." This is the

Amendment and a high school journalists "Not only did I miss working with the Otto's = fifth year of the

conference that drew over 800 students ACLU-NC staff and activists," said Otto who previous 5 Friedman

from all over northern California. served as the ACLU-NC Field Representative work at the 2 Project, which

Otto, whose three years as the ACLU- from 1991-93, "I really wanted to work on ACLU-NC a is funded by a 2

NC Field Representative gave her a great the Friedman Project because | love work- included = gift from the

deal of experience in organizing for civil ing with youth. The students have so much organizing "family of the

liberties, returned from Washington, D.C. energy - they are open to new ideas and for the suc- 5 late Howard A.

SCOKSHOSHSHOHSHSSHSHSHSHSHSHSHHSHSHSHSHSHHOSHHOHSHHOHSHSHHSHSHHHHHHHHHHHH8E8S8H8SSEO8 cessful pas- (c) Friedman, a

sage of the Hey On renowned archi-

Archuleta Joins

ACLU News Staff

As A STAFF REPORTER FOR SAN FRANCISCO'S

Civil Rights Act of 1991, the law signed by

President Bush which undid some of the

worst U.S. Supreme Court decisions on

race and sex discrimination; working in the

statewide campaign to protect reproduc-

tive rights; and organizing death penalty

tect and the former Chair of the ACLU-NC

Board of Directors. The Project has

reached thousands of high school students

and teachers with conferences, classroom

presentations, and the "Express Yourself"

computer diskette.

bilingual weekly El Mensajero, Maria activists in protests and vigils for the 1992 Otto says that the Project has been

Archuleta wrote pieces on affirmative execution of Robert Harris. extremely effective because it has a "direct

action, Proposition 187, and how federal While in Washington, Otto was a Policy and immediate impact on the way the stu-

welfare reform would adversely impact Associate at the National Immigration dents think about and analyze current

immigrants. As the ACLU-NC Public Infor- eZ Forum, opposing federal welfare and events and controversies.

mation Associate, Archuleta is now pro- =| health care reform legislation that was "Our Project is a long-term investment in

viding information on these and other and unfair to immigrants, and coordinating America's future and our future leaders,"

current issues to the scores of reporters | =i a 5 strategies to combat proposition 187-like Otto added "We are not preaching to the con-

who call the ACLU for the latest news on | Maria Archuleta proposals in other states. verted, these are young people who are

civil liberties questions. very liberating at the same time, because After graduating from Duke University, exploring new ideas and are open to the

Archuleta, a UC Berkeley graduate in | you really feel you are making a difference." the St. Louis native taught English to high ACLU goals of creating a fair and just society."

Mass Communications and Spanish, is Archuleta replaces Jean Field who, after school students in Japan and worked as a An avid glassblower and windsurfer,

also the editor of the Mills College | graduating magna cum laud from Hastings television news videotape editor before Otto also serves on the national board of

Women's Studies Newsletter. Law School in June, took a position clerking coming to the Bay Area. Otto was the volun- Parents, Families and Friends of Lesbians

"I wanted to work for an organization | for ajudge in the Oregon Court of Appeal. il teer coordinator at the National Center for and Gays (PFLAG). @

that helps out the people who nobody else =

can or will help. Popularity doesn't matter - = ee A

" gaj ociety,' said Dick Grosboll, the new Chair of the - oar

Lea a ae fe ee D e S i lve ir S oO Cc i ety of Directors and himself a member of the Society.""Those who join

critical attention on social issues. While in the DeSilver Society are special supporters of the ACLU because

high school in New Mexico, she wrote arti- [= u n d S G row they really care both aoe! the cil [oars challenges of today

cles on youth issues - including racism and those of tomorrow, `he continued. Desilver society members

: : give to ensure that the ACLU maintains its fighting strength well

in schools and teen sexuality - for the BY ROBERT NAKATANI :

Ganda He New Menean. AUU.C- Berkeley ACLU-NC PLANNED GiviNG DIRECTOR into eo. century. Now that's true commitment to the ACLU's

she was on the staff of Chispas, the | Charter membership in the ACLU's DeSilver Society has a ae = 7

: ee : imc : le e 31 individuals who have recently joined the DeSilver

Chicano/ Latino literary magazine. . grown by a remarkable 30% in Northern California since Society by making special long-term gifts for the ACLU are:

As the part-time Public Information February of last year. The DeSilver Society was established in the 7 :

` ; : ae nonymous (7) | Elwood Burton Robert N. Nakatani

Associate, Archuleta writes for the ACLU | } fall of 1994 to recognize and thank those generous individuals Dave Behar eae ie oe.

News and fields calls from the press, stu- who have provided for the ACLU in their wills or through ett ee Bryant Peer col Richard Robinson and

dents and other researchers. She has also annuities, pooled income fund gifts, or other life income gifts. Mr and Mrs, Donald E.) Michael J. Harrison Marjorie C.

translated a new publication, Diserimi- By February of |995, the publication date of the last ACLU-NC G@ianon | Paul Hedges Sar

nacion de idioma for the Language Rights Annual Report, membership in the Desilver society numbered | Cy. 4a, Chapin _ Anne Hietbrink John and Millicent

Project. |04 individuals. Between that time and December |, 1995, the James H.C. | John David Jackson Rutherord

"Working for the ACLU means you Society added 31 members, 29 of which have remembered the Creighton | Russell and Mary Walter W. Schmidt

have to confront and do a lot of thinking ACLU in their wills. The other two new members joined the | Milton Estes, M.D. Jorgensen eadccrerels:

about some amazingly terrible things," - Society by making life income gifts totaling $1 30,000. In addition, | Clifford J. Liehe Milton Vonier =

said Archuleta who has written about lan- | eee ae Beg a : Anyone wishing to follow their example by joining the DeSilver

Cee GC caunanOn, ae SOLUS | $28,000 a : z | Society is encouraged to call the ACLU-NC Director of Planned

Bee - : eee ek | "The Board is very excited about the growth of the DeSilver | Giving Robert N. Nakatani at 415/621-2493.

ACLU News = January/FesRuary 1996 = Pace 7

S.F Chapter Freedom of Bea Art Show

Painting, Writing,

Rapping

Mary Ma Lee Tsui of George Washington High School, with her teacher Yukima Wada,

was honored for her painting Truth Can Be Distorted in the Freedom of Expression

Art Exhibit.

BY ROBERTA SPIECKERMAN

San Francisco Chapter

Honoreps OF SAN FRANCISCO HIGH SCHOOL

students and many proud families came to

see the entries in the San Francisco ACLU

Chapter third annual Freedom of |

Expression Art Show, displayed at the

ACLU-NC 1995 Bill of Rights Day

Celebration. The San Francisco Chapter

encouraged students, through schools and

community organizations, to create works

on the theme, "Civil Rights and Liberties in

the 90's".

"The results were exhilarating," said Liz

Lerma, Executive Director of Education for

the San Francisco Arts Council who pre-

sented six students with Awards of

Excellence at the ACLU Celebration. "One

hundred student artists addressed civil lib-

erties issues with thoughtful perspectives

in paintings, music, poetry and short sto-

ries." The awardees each received $150 in

cash each plus a donation of $50 of supplies

to the sponsoring organization or teacher's

classroom.

The exhibit will be on display during

January in the Main Lobby of the Board of

Education Building at 135 Van Ness in San

Francisco. Anyone wanting more informa-

tion or interested in working on next year's

"Freedom of Expression Art Show" is wel-

come to call Roberta Spieckerman at

415/468-9208.

Chapter Meetings

(Chapter meetings are open to all interested members. Contact

the Chapter activist listed for your area.)

B-A-R-K (BERKELEY-ALBANY-RICHMOND-KENSINGTON)

CHAPTER MeetinG: (Usually fourth Thursday) Volunteers need-

ed for the chapter hotline - call Tom Sarbaugh at 510/526-

6376 for further details. For more information, time and

address of meetings, contact Jim Chanin at 510/848-4752 or

Rachel Richman at 510/540-5507.

Eart WarrEN (OAKLAND /ALAMEDA COUNTY) CHAPTER

Meetine: (Usually first Wednesday) New meeting location

Meet at 7:30 PM at Claremont House /Activity Room, 4500

Gilbert Street, Oakland (nr. Rockridge Shopping Center). We

encourage new members to join as us we work on our high

school essay contest, the Oakland civilian review board, and

affirmative action! For more information, call David Gassman at

510/835-2334.

FRESNO CHAPTER MEETING: (Usually second Wednesday) For

information on date and time of meetings, call Nadya Coleman

at 209/229-7178.

LESBIAN AND Gay RicHTs CHapTER Meetine: (Usually first |

Thursday) ACLU-NC office, 1663 Mission Street, Suite 460, San

The following poem is one of this year's

Award of Excellence recipients:

CATEGORY: BIRTHRIGHTS

by Maria-Pilar Olivas

Downtown High School

I knew from the beginning that I would

Never have the chance to hold you.

Yet I tortured myself with the fantasy,

Of allowing you to blossom within.

I dreamed of a love we would share,

And of the smiles you would bring.

Admitting you were merely a mistake,

Is something I cannot do.

To me, you were special and meant

Everyone else only saw the wrongness of |

you.

You were mine and I was to protect you.

I succeeded in only letting you down.

I took from you all you ever had,

Your precious life.

I know my words of sorrow,

You will not hear.

Tknow my tears of guilt,

You will not see.

T only beg of your forgiveness,

From within your innocent soul.

The coldness of this world,

Is something I have saved you from.

Or ts that just an excuse?

You were a creation brought by two,

And a destruction caused by one.

My love for you will always exist,

Even if I don't ever meet you.

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 or

Burton Weiss at 510/524-6073.

Marin County Cuapter Meetines (Usually third Monday;

fourth Monday in January and February) Chapter Chair Greg

Brockbank hosts "Your Civil Liberties" Tuesday nights at 9:30

PM on Channel 31. For more information on meeting times and

location, contact Greg Brockbank at 415/491-0616.

Mip-PENINSULA (PALO Alto AREA) CHAPTER MEETING:

(Usually fourth Thursday) Meet at 7:30 PM at the California

Federal Bank, #2180 El Camino Real, Palo Alto. For more infor-

mation, contact Iris Barrie at 415/856-0193.

Monterey County CHapTer Meetine: (Usually third |

Tuesday) Meet at 7:15 PM, Monterey Library. Join us for our

Annual Meeting on January 26 at the Monterey Library. For

more information, contact Richard Criley at 408/624-7562.

NorTH PENINSULA (SAN MATEO AREA) CHAPTER MEETING:

(Usually third Monday) Meet at 7:30 PM, at 700 Laurel Street,

Park Tower Apartments, top floor. For more information, contact

Marshall Dinowitz at 415/595-5131.

Repwoop (HumBoipt County) CHAPTER MEETING: (Please |

Santa Cruz Chapter Hosts

An Evening with Glasser

BY Eric SCHENK

SANTA CRUZ CHAPTER

Preacuine THE ACLU'S "OLD-TIME RELIGION"

of protecting the traditional values reflect-

ed in the Bill of Rights, ACLU Executive

Director Ira Glasser inspired a packed hall

in Santa Cruz on November 16 at an event

sponsored by the Santa Cruz Chapter.

Glasser combined the passion and wis-

dom of a long-time civil liberties champion

with his deft humor to remind the more

than 150 audience members that it is the

ACLU which is most concerned with true

American values. "While the religious right

calls for a return to the so-called American

values of the mythical 1950's, the ACLU has

always been committed to the important

values central to this country's founding in

the 18th century," he said.

How a chapter in a small community such

as Santa Cruz can draw a major attraction

such as Glasser illustrates the benefits of

using local resources to produce a successful

fundraiser. "One of the strengths of our chap-

ter is our involvement with the University of

SPEAK OuT FOR AFFIRM

SAN JOSE

SATURDAY, FEBRUARY 17

| | 9:30 AM - 11:30 AM

SAN Jose High ACADEMY

275 N. 24TH STREET, Room 12

San Jose, CA

Focus on how to speak to students about affir-

mative action, search and seizure laws, the

rights of students and young people. with

Howard A. Friedman First Amendment

Education Project Director Nancy Otto

RSVP: Catherine Wiehe 408/226-7421

note: Regular chapter meetings have now been changed to the

third Wednesday.) Meet in the Arcata Jacoby Storehouse at the

Bonvenir Ice Cream Parlor at 7:30 PM. The January meeting will

California, Santa Cruz (UCSC) community,"

| planed Chapter co-chair Paul Johnson. "As

with most academic communities, UCSC

includes individuals who have contacts with

leading thinkers throughout the country. Our

co-chair, UCSC Professor Craig Reinarman,

| has been a long-time friend of Ira Glasser,

| Knowing that Mr. Glasser was scheduling a

_ West Coast trip, Craig prevailed on him to

| include a stop in Santa Cruz.

"Industrious members of the ACLU

| Chapter Board took it from there," Johnson

| explained citing Lucille des Jardins and

| Eleanor Eisenberg who arranged for all the

| details necessary for a successful event;

Sandy Silver, Louise Gross, and Martha

_ Schwartz organized a marvelous selection

| of desserts - some donated by local bak-

| eries and some baked by ACLU members;

| and Chapter members Elaine Kihara,

| Eadie Deutsch, and Marilyn Rigler. "As

| with all good fundraisers, this event not

| only raised a good amount of money, but

| set the groundwork for successful events

| in the future," added Johnson, "and we're

| looking forward to more." i

BOTH TRAININGS ARE FREE AND OPEN TO ALL ACLU activists

feature special guest speaker new ACLU-NC Chair Dick Grosboll |

and will be held at the Golden Harvest Restaurant in Arcata. For

information on upcoming meeting dates and times, contact

Christina Huskey at 707/444-6595.

SACRAMENTO VALLEY CHAPTER MEETING: (Usually first

Wednesday) Meet at 7:00 PM at the Java City in Sutter Galleria

(between 29 and 30, J and K Streets) in Sacramento. For further

information, contact Ruth Ordas at 916/488-9955.

SAN FRANCISCO CHAPTER MeetING: (Usually third Tuesday)

Meet at 6:45 PM at the ACLUNC Office, 1663 Mission Street,

Suite 460, San Francisco. For further information on chapter

meetings, call the Chapter Information Line at 415/979-6699.

SANTA CLARA VALLEY CHAPTER MeetinG: (Usually first

Tuesday) Meet at 7:00 PM at the Community Bank Towers, 3rd

Floor Conference Room, 111 West St. John Street, San Jose.

Join us for the following special events: Affirmative Action Speak-

Out (co-sponsored by the League of Women Voters) at the San

Jose Convention Center on Saturday, February 10; Training on

Students' Rights led by Nancy Otto of the ACLU:NC, February 17

at the San Jose High Academy. Contact Lourdes Pollard at

408/353-3230, for further information.

SANTA Cruz County CHAPTER MEETING: (Usually third

Thursday) Meet at 7:00 PM at the Louden-Nelson Community

Center, Santa Cruz. Contact Paul Johnson at 408/426-1397 or

ACLU News = January/Fesruary 1996 = Pace 8

AcTION!

Yoo County

THURSDAY, JANUARY 25

6:00 PM - 8:30 PM

King Hatt - Room 2004

UC Davis

Focus on affirmative action in all settings and

how to speak to high school students specifi-

cally with Howard A. Friedman First

Amendment Education Project Director

Nancy Otto and Field Rperesentative Lisa

Maldonado

RSVP: Natalie Wormeli 916/756-1900

(c)0000 0880888HOOH8EHEHHHTHHHHEHHHH8HEHEHHHHEH8THHHHHHH8E8HHHTHHHEH8HE8HEHCHH8SE8S

Eadie Deutsch at 408/458-1263 for further information.

Sonoma County CHAPTER MeeTING: (Usually third

Wednesday) Meet at 7:30 PM at the Peace and Justice Center,

540 Pacific Avenue, Santa Rosa. Call Steve Thornton at

707/544-8115 for further information.

Yoto County CHAPTER MeetinG: (Usually third Thursday)

Meet at 7:30 PM, 2505 5th Street 154, Davis. Join us for our

January meeting at a fundraiser for Planned Parenthood as we

view "From Danger to Dignity: The Fight for Safe Abortion" and

engage in a question and answer session with the filmmakers

(January 18, 6:00 to 8:00 PM, Crest Theater, 113 K Street,

Sacramento). For more information, call Natalie Wormeli at

916/756-1900 or the Chapter Hotline at 916/756-ACLU.

FietD ACTION MEETINGS

(All meetings except those noted will be held at the ACLUNC

Office, 1663 Mission Street, #460, San Francisco.)

Arrirmative ACTION Grassroots COALITION: For more

information, contact Lisa Maldonado at 415/621-2493 ext.

46.

STUDENT OUTREACH COMMITTEE: Meet to plan outreach activi-

ties. For more information, contact Nancy Otto at 415/621-

2006 ext. 37.

STUDENT ADVISORY COMMITTEE: For ane information, corr

tact Nancy Otto at 415/621-2006 ext. 37.