vol. 62, no. 1
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NEWSPAPER OF THE AMERICAN Civil LIBERTIES UNION OF NORTHERN GALIFORNIA
aclu news
Non-Profit
Organization
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PAID
Permit No. 4424
San Francisco, CA
JANUARY/FEBRUARY 1998
The Danger in the Unz Initiative
Why the ACLU Opposes the Threat to Bilmisual Education
measure on the June ballot to end
Aina education in California,
uthored by Ron Unz, a Silicon Valley
millionaire who has publicly admitted that
he has never stepped foot in a bilingual edu-
cation classroom, would jeopardize teach-
ers who assist students in their home
language and deny an equal education to
more than a million school children.
The so-called Unz initiative, would sub-
ject over one million students - all at once
next September - to an untested scheme:
children of all ages and all language back-
grounds, would be put in a single classroom
all day for one year with a teacher who
would be prohibited by law - and under
threat of a lawsuit - from teaching any of
them in their own language.
Among those who lose from the Unz ini- |
tiative are:
Parents - because it eliminates their
right to choose. If parents do not want their
child in a classroom with students of all ages
whose only common denominator is a lack
of English proficiency, they will have to pur-
sue an arduous waiver procedure:
month, they must petition the teacher, the
principal and the district superintendent
for achange;
Teachers - because they know the
educational needs of their students cannot
be met by this "one-size-fits-all" approach to
education and because they can be sued if |
chapter meet-
ley hedules, opinion
_ pieces, and background
turin
California's cutting-edge
civil liberties issues!
after |
their child has been in the classroom for a |
they provide what they consider the most
appropriate assistance to their students;
Local School Boards - because every
community should have the right to deter-
mine education policy at a local level;
Students - because this measure hurts
children who will be segregated and ware-
housed as new English learners regardless
of language, age, or grade level.
The ACLU-NC Board of Directors voted
to actively oppose the Unz Initiative. Here
are some of the special concerns of civil lib-
erties advocates:
The measure would harm the educa-
tional opportunities of immigrant chil-
dren. The most comprehensive study of
bilingual education by the National
Research Council shows that children learn
best (English as well as other subjects) in
longer-term transitional bilingual education
programs where students make a gradual
transition into all-English courses over sev-
eral years.
For students who do not successfully
acquire English within the short time frame
| prescribed the by the initiative, the imposi-
tion of an English-only education means
they will effectively lose out on meaning-
ful instruction in math, science, history
and all their other subjects. As the U.S.
Supreme Court states in Law v. Nichols,
"students who do not understand English
are effectively foreclosed from any mean-
ingful education."
The Unz initiative discriminates
against language minorities and immi-
grants and has a disproportionate
impact on racial minorities. The law
Continued on page 5
See inside page 3
Bill of Rights Honors
Marshall Krause (1. to r.) presents Frank Wilkinson with the Earl Warren Civil Liberties Award at the 1997 Bull of Rights Day
Celebration as ACLU-NC Chair Dick Grosboll (partially hidden) and Executive Director Dorothy Ehrlich applaud.
Ric ROCAMORA
ACLU-NC Board Elections,
he following have been elected to
[se on the Board of Directors
of the ACLU-NC. They will serve
three year terms beginning in January,
1998. [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_1997.batch ACLUN_1998 ACLUN_1998.MODS ACLUN_1998.batch 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 incumbent. |
*Quinn Delaney, Dan Geiger, *Marina
Hsieh, *Martha Jimenez, Steve Mayer,
Margaret Russell, *David Salniker,
John Streeter, Fran Strauss, and
Ted Wang. -
In addition, Erica Teasley has been
appointed to fill an interim vacancy on the
Board. Teasley, a litigation associate at
Steefel, Levitt and Weiss in San Francisco,
served as Northern California Campaign
Coordinator for the Campaign to Defeat 209.
A graduate of Hastings Law School, Teasley
spent three years in Washington D.C. as a
National Reps
Legislative Assistant to Congressman Julian
C. Dixon and volunteered for several political
campaigns, including Harvey Gantt for U.S.
Senate.
New BoAarD OFFICERS
The following have been elected as the
new officers of the ACLU-NC Board of
`Directors: Dick Grosboll, Chair; Quinn
Delaney, Vice-Chair and Chair of the
Development Committee; Margaret
Russell, Vice-Chair and Chair of
Legislative Policy Committee; Ethan
Schulman, Vice-Chair and Chair of Legal
Committee; Mickey Welsh, Vice-Chair and
Chair of Field Committee; and Nancy
Pemberton, Treasurer. They will serve on
the Executive Committee along with
Milton Estes, David Oppenheimer,
Beverly Tucker, Fran Strauss, and
Marina Hsieh.
NATIONAL ACLU Posts
The ACLU-NC Board elected Marina
Hsieh as the ACLU-NC National Board
Representative for the affiliate. In a
nationwide election, Margaret Russell
was re-elected as an at-large ACLU
National Board Member. National ACLU
President Nadine Strossen appointed
Hsieh to the National Affirmative Action
Committee and appointed former ACLU-
NC National Board Representative Luz
Buitrago to the Biennial Committee, the
team that will plan the national biennial
conference in 1998.
NEWS FROM SACRAMENTO: THE YEAR AHEAD
Judge Rules Prop. 187 Unconstitutional, States
May Not Make Own Immigration Laws
eaffirming that teachers, nurses and
Re workers need not act as border
patrol agents, on November 14, U.S.
District Court Judge Marina Pfaelzer found
almost all of Proposition 187 unconstitu-
tional because the law, passed by California
voters in 1994, oversteps the boundaries of
state authority.
The District Court ruling states that the
passage by Congress of the Personal
Responsibility and Work Opportunity
Reconciliation Act (PRA) - the so-called
"Welfare Reform" of 1996 - precludes the
state from establishing laws that are sepa-
rate and in conflict with federal law on
immigration policy and the treatment of
immigrants, regardless of their legal status.
The ACLU challenge was filed the morn-
ing after the November 1994 election. The
voter-approved Proposition 187 would have
excluded undocumented immigrants from a
variety of services including education and
health care and required educators and oth-
er government employees to question and
report immigrants suspected of not being
documented.
This is an exciting victory for immigrant
rights," said ACLU-NC managing attorney
Alan Schlosser. "Judge Pfaelzer again cor-
rectly has shown that Proposition 187 vio-
lates the Supremacy Clause of the U.S.
Constitution and that the state of California
cannot deny immigrants equal protection of
the law."
The District Court ruling came in a con-
glomeration of four cases, including
Gregorio T. v. Wilson filed by the ACLU of
Southern California. The ruling, if upheld
on appeal, would render moot the ACLU-NC
case, Pedro A. v. Dawson and the State
Board of Education which was also filed the
day after the November, 1994 election. That
case, which is pending in San Francisco
Superior Court, challenged Proposition
187's provision denying the children of
undocumented immigrants access to sec-
ondary schools as a violation of the right to
equal education guaranteed by the
California Constitution.
In the conclusion of her 82-page ruling,
Judge Pfaelzer wrote, "After the Court's
November 20, 1995 Opinion, Congress
enacted the PRA, a comprehensive statuto-
ry scheme regulating alien eligibility for
public benefits. Further, the PRA ousts
state power to legislate in the area of public
benefits of aliens. When President Clinton
signed the PRA, he effectively ended any
further debate about what the states could
do in this field.
"As the Court pointed out in its prior
Opinion, California is powerless to enact
its own legislation scheme to regulate
immigration."
Ninth Circuit Hears Arguments for
Journalists' Access
to Executions
n December 11, a three-judge panel
O of the Ninth Circuit Court of Appeals
heard ACLU-NC cooperating attor-
ney David Fried argue that when the state
shields lethal gas execution procedures
from the view of journalists and other wit-
nesses it violates the First Amendment.
The hearing in California First
Amendment Coalition v. Department of
Corrections, is a result of the Department of
Corrections appeal of a District Court
injunction barring prison officials from
restricting journalists' access to San
Quentin's lethal injection executions.
The hearing ranged from the historical
-with one judge noting that public execu-
tions were "brought indoors" in 1858 - to
the philosophical - when another asked
attorney Fried whether "we would be
activists" if they became the first court to
allow journalists to examine the entire exe-
cution procedure.
"Tf you want to have public understand-
ing of the event, you have to have reports
from people who were able to see it," argued
Fried. "That information cannot come
exclusively from government officials."
In 1996, when William Bonin became
the first person in California to be executed
by lethal injection, reporters and other wit-
nesses to the February 23 execution were
prevented by prison officials from observing
the complete execution procedure. Unable
to offer first-hand accounts of the entire
process, including the difficulties prison
officials admitted they encountered in
inserting the IVs, the journalists could not
Continued on page 5
C0008 88HOHHHHHHHOHSHHHHHHHHEHHHHHH8HHHHHHEHHEHHHHHHHHEH8ESEHEESE8EHE8
Court Panel Hears
California Welfare Case
implications for many of California's
most vulnerable residents, the ACLU
-argued on December 11 against reducing
welfare benefits to newcomers to the state
to a three-judge panel of the Ninth Circuit
Court of Appeals.
The case of Roe v. Anderson, argued
by ACLU of Southern California Legal
Director Mark Rosenbaum, was filed by
the ACLU affiliates of Southern and
Northern California and the NOW Legal
Defense and Education Fund to challenge
the implementation of the durational resi-
dency requirement for welfare recipients.
This requirement, imposed by Governor
Wilson, would mean that a newcomer to
the state would have his or her monthly
[: a case that could have profound
aid check held for twelve months to
the level received in the previous state.
For instance, a person moving from
Mississippi would receive $144 a month
instead of the $673 someone would
receive in California. "Given the cost of
high living in California," Rosenbaum told
the appellate court, "that person would be
on the street."
When the Deputy Attorney General
responded that people move to California
as a form of shopping for a better lifestyle,
Judge Betty Fletcher admonished, "This is
not just about a standard of living, it's a
staying alive standard!"
The ACLU argues that the draconian
welfare cuts violate the constitutional
guarantee of freedom to travel.
In a summary judgment ruling issued
November 20, 1995, Judge Pfaelzer had
confirmed exclusive federal authority over
immigration law and policy and ruled that
major portions of Proposition 187 were
unconstitutional, thus eliminating the
need for a trial on those specific provisions.
The 1995 ruling stated that the children of
undocumented immigrants shall not be
denied a free, public education, or that fed-
erally-funded benefits may not be denied to
immigrants regardless of their status.
"From the beginning, Proposition 187
was bad law and bad policy. Public health
experts unanimously agreed that
| Proposition 187's denial of health services
would endanger the public health, lead-
ing to increased incidence of tuberculosis
and other communicable diseases," said
ACLU of Southern California lawyer Mark
Rosenbaum, the lead attorney on the
case.
"Education and law enforcement
experts opposed the denial of elementary
and secondary school access to innocent
children. Proposition 187's main purpose
has always been as the face card in
Governor Wilson's race deck. Its legacy
would have been creating division among
California's diverse people's whose differ-
ences should be celebrated, not exploited,"
Rosenbaum concluded.
The anti-immigrant measure has never
been implemented, with the exception of
Sections 2 and 3 concerning the manufac-
ture and distribution of fraudulent immi-
gration documents which are already illegal
under federal law.
Attorney General Dan Lungren has said
that he will appeal the ruling.
Individuals Convicted
for Consensual Sex
to be Dropped from Sex Offender Registry
By MariA ARCHULETA
crucial but little known provision of
At recently enacted Sex Offender
egistration Law will allow individu-
als convicted of consensual gay sex, under
now-defunct criminal statutes, to expunge
their names from the state's sex offender
registry. They will no longer be required to
register as sex offenders or be listed in
California's sex offender registry. Those
already listed can request to be deleted
from the registry. This relief is due to lan-
guage drafted by the ACLU and included in
Assembly Bill 290 (Alby) - signed by
Governor Wilson on October 8 - which
alters California's interpretation of
Megan's Law.
"This provision is especially important
for gay men who have been unjustly target-
ed by repressive laws for so many years,"
| said ACLU-NC staff attorney Kelli Evans.
| "Although the laws under which these men
| were convicted were struck down decades
| ago, the men were still in jeopardy of being
stigmatized as sex offenders. Hopefully,
they will now be protected from being
swept up by the unduly broad brush of sex
offender registration laws."
The ACLU was also able to eliminate
from the list of registrable offenses in the
bill, individuals convicted under Penal
Code Section 647(d) - loitering around a
public toilet - a provision historically
used in sting operations targeting gay men.
Prior to the decriminalization of con-
sensual gay sex in the mid-1970's, a num-
ber of men were convicted and placed on
_ California's sex offender registry. The reg-
ACLU News = January/Fesruary 1998 = Pace 2
istry was allowed to languish for a number
of years. However, with the recent passage
of Megan's Law, many of these individuals
were contacted by the Department of
Justice (DOJ) and told that they, like
those convicted of rape and child molesta-
tion, must also register as convicted sex
offenders and face possible community
notification.
By July, 1988, the DOJ will issue a
report which will include the number of
people convicted for consensual gay sex
before January 1, 1976, the number of
these individuals convicted for subsequent
sex offenses, and the number of people
who have applied for relief from registra-
tion. This information will be used to
purge the sex offender registry.
An individual who wants to have his
name removed from the list now can sub-
mit to the DOJ either official documentary
evidence, such as court records or police
reports which demonstrate that the con-
_ viction was for conduct between consent-
_ing adults, or submit a confidential
declaration stating that the conviction was
for conduct between consenting adults.
Because many of the convictions are more
than two decades old, and official records
may no longer exist, the declaration must
include the person's name, address, tele-
phone number, date of birth, and a summa-
ry of the circumstances leading to the
conviction, including the date of convic-
tion and county in which it occurred.
If the DOJ determines that the convic-
tion was based on consensual conduct
Continued on page 5
Rights Day Honors Wilkinson,
Fight Against HUAC
en Frank Wilkinson stepped up to
the podium in the Grand Ballroom
of the Sheraton Palace Hotel to
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Frank Wilkinson
receive the Earl Warren Civil Liberties
Award, his booming voice and powerful
stride belied his more than six decades of
activism. "As we celebrate the anniversary
of the Bill of Rights we also the 50th anniver-
sary of the Hollywood blacklist," he said,
reminding the audience of 500 ACLU sup-
porters that his own battles for justice start-
ed more than half a century ago.
The ACLU-NC Annual Bill of Rights Day
Celebration on December 14 in San
Francisco also featured keynote speaker
Christopher Edley, founder of Harvard
University's Civil Rights Project and advisor
to President Clinton's Race Commission, stu-
dent presentations in video and art, an award
presentation to veteran activist Marlene De
Lancie and spirited music from the Jewish
Folk Chorus and the Chris Pitts Trio.
EARL WARREN AWARD
Honoree Frank Wilkinson, introduced by
former ACLU-NC legal director and KQED
Newsroom reporter Marshal Krause,
launched the National Committee to Abolish
HUAC during the heyday of McCarthyism.
The First Amendment was under heavy
assault from witch hunting committees
modeled on the House UnAmerican
Activities Committee. As Wilkinson's long-
time friend and colleague Dick Criley
recalled, "In the spring of 1961, Frank con-
cluded a speech to five thousand students on
the Berkeley Campus with the words, `We
will not save free speech if we are not pre-
pared to go to jail in its defense. I am pre-
pared to pay that price. Frank was on his
way to Atlanta to serve a year sentence for
contempt of Congress. A month earlier the
U.S. Supreme Court had rejected the appeal
of his conviction for refusing to answer ques-
tions before HUAC in a First Amendment
test case undertaken by the ACLU," Criley
recalled in a moving tribute to Wilkinson.
But Wilkinson's year in jail did not stop
him. He carried on his efforts to halt the
witch hunts and, in 1975, succeeded in get-
ting Congress, with the leadership of north-
ern California Phil Burton and Don
Edwards, to abolish HUAC.
Wilkinson continued to monitor and
oppose dangerous laws, leading the
renamed National Committee Against
Repressive Legislation. His work against
government secrecy and political repression
is legendary - his FBI file, finally released
by the government under the Freedom of |
Information Act in 1983 following an ACLU |
lawsuit, totals almost 5,000 pages.
ACLU-NC Executive Dir-ector Dorothy
Ehrlich noted that "Frank Wilkinson's great
history reminds us that while we fight the
good fight day in and day out, we generally
do it from the safety of our somewhat com-
fortable offices or somewhat safe court
rooms - but we almost never live in fear
that our work will send us to jail. So today |
we should remember that the reason we can |
do this is because of the brave heroes that |
have gone before us who paved the way for
us to continue to carry out the fight for free-
dom, and they restore our hope."
Ehrlich also drew lessons of hope from
the students whose work was on display at
the Freedom of Expression Art Show spon-
sored by the San
Francisco Chapter
and who partici-
pate in the Howard
A. Friedman First
Amendment Edu-
cation Project. A
moving twenty-
minute video,
introduced by stu-
dents: Chandler
Huntley and Ogai
Haider, gave a vivid
portrayal of the
Project's week-long
journey investigat-
ing the criminal
justice system in
California - the
students spoke of
meeting Death Row
inmates, judges,
families of murder
victims and women
incarcerated in the
largest women's
prison in the country.
FIGHTING FOR RACIAL JUSTICE
Educator and author Christopher Edley,
a legal scholar whose razor-sharp analysis of
race issues has been sought by Presidents
and activists alike, tackled Proposi-tion 209
and its aftermath. "We are trying to call
America's conscience to the challenge of
dealing with this problem of color," he said,
"This is hard...it's not rocket science, it's
harder than rocket science."
Edley recalled that in his first discussion
with Clinton as part of the federal review of
affirmative ac-tion, "I and others in the room
suggested that a good place to begin was for
him to lay out his existing policy on race. He
answered, `I am for vigorous enforcement of
existing anti-discrimination laws, I am
against quotas, and | am for equal opportu-
nity, the President explained.
Friedman Project
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ACLU-NC Chair Dick Grosboll presents
Marlene De Lancie with a congratulatory
hug and the Lola Hanzel Courageous
Advocacy Award.
"After a round of agreement from those
assembled in the room, I spoke up, `Wait, -
Pete Wilson could say that, Ward Connerly
could say that, even ... David Duke could say
that.' I suggested that a conversation of
platitudes, or papering over, is not a way to
get to the heart of this issue."
"There is a difference of opinion on the
value of inclusion" I'd like to say that for a
society - or for an entering class at a col-
lege - to achieve true merit, one must be
inclusive.
"Those of you in this room are the elite
division in this battle. For a society to come
together, we must understand why we are
divided. We need an effective strategy for
ending this centuries-old struggle. Are we
willing to pay the cost for such a benefit?"
Edley asked.
Ric ROCAMORA
High school students Chandler Huntley and Ogai Haider spoke
of exploring California's justice system with the ACLU's
North Peninsula Chapter leader and
Bill of Rights Campaign Chair Marlene De
Lancie, was cited as a "tireless activist"
and a "savvy fundraiser," by ACLU-NC
Chair Dick Grosboll who presented her
with the Lola Hanzel Courageous
Advocacy Award.
"Arriving here as an immigrant | truly
believed in the principles of a democracy,
but I soon learned the reality and the
rights,
Keynote speaker Chris Edley "calling
America's conscience to the challenge of
dealing with this problem of color."
ideals of a democracy are divergent," said
| De Lancie who came to the U.S. from
Germany in 1936 after Hitler came to power.
"There is one organization which at-
tempts to do that and that is the ACLU.
The Constitution and the Bill of Rights has
no better advocate or defender. That real-
ization inspired me to become a volun-
teer." After a successful career in
scientific research, De Lancie decided she
| could do more for social justice in commu-
nity service than in the sciences. She
helped desegregate the San Mateo public
schools, led campaigns for reproductive
and played a leading role
in the campaign against the death penalty.
As chair of the Bill of Rights Campaign
for the past eleven years, she has created
a powerful fundraising vehicle for chap-
ter activists.
The event closed with a powerful trib-
ute to Paul Robeson, the attorney, civil
rights leader, athlete and baritone, whose
centennial is being celebrated this year. His
refusal to bow to the bigots of the House
UnAmerican Activities Committee was
reenacted on audiotape by James Earl
Jones and Ed Asner, accompanied by a slide
presentation from the Paul Robeson
Centennial Committee.
At a reception following the program,
sculptor Ruth Asawa presented cash
prizes to the student artists whose work
was on display.
The Bill of Rights Day Celebration was
generously underwritten by gifts from the
law firms of Heller, Ehrman, White and
McAuliffe, and the law firm of Howard, Rice,
Nemerovski, Canady, Falk and Rabkin. The
event was organized by Field
Representative Lisa Maldonado. and
Law Firm's Fee
Donation Creates
New Racial Justice
Fellowship
BY DoroTHy EHRLICH
ACLU-NC EXECUTIVE DIRECTOR
court-awarded fee of $1.8 million in
A: civil rights case will enable the
CLU-NC to further expand our
effort in the fight for racial justice in the
coming years. The award is part of a judg-
ment from the California Court of Appeal
in Davis v. California Department of
Corrections a case brought by the ACLU on
behalf of Bettye Davis, a Richmond mother
whose home was unlawfully invaded and
searched in 1988 by armed officers of the
Richmond Police Department and the
state Department of Corrections who
claimed they were looking for a parolee
who lived at the address. Davis and her
children were terrorized during the
search, her doors were broken down, and
the ashes of her late husband were spilled
from the mantle piece. In earlier rulings,
the lawsuit also brought about new regula-
tions for conducting such searches and
$668,000 in damages for the family.
The law firm of Pillsbury, Madison and
Sutro donated the entire fee award -
the largest the ACLU has ever received
- to the ACLU-NC Foundation. Mark
Schallert of Pillsbury, who led the legal
team, which included Pillsbury attorneys
John Leflar, Suzanne Janissen, Jennifer
Wysong and many others, and ACLU-NC
Continued on page 5
: ACLU News = January/Fesruary 1998 = Pace 3
BY VALERIE SMALL NAVARRO
ACLU Legislative Advocate
66 hew!" we thought. This year
the Democrats once again
controlled both houses of the
state Legislature. True, Pete Wilson, was
still the Governor; but we would get a
respite from the frontal assault on civil lib-
erties marshaled when _ right-wing
Republicans controlled the Assembly. We
did get the respite from the frontal assault;
however, we were faced with something
possibly more insidious: an onslaught of
bad bills - mostly "tough-on-crime'" bills
- often crafted by Democrats from mod-
erate districts.
WELFARE REFORM AND THE MEGA-
DEAL
"Wilson gets landmark welfare bill' blared
the Sacramento Bee headline. Despite all
our efforts, the headline was true. The
Governor drove a hard bargain, leaving the
Democrats squabbling amongst them-
selves instead of working together to
defeat his draconian welfare cuts.
While the ACLU and other groups who
lobbied for some humanitarian relief in the
welfare reform package were told that
there was no money, no money, no money,
somehow, somewhere in the wee hours of
the morning on the last night of the legisla-
tive session, after budget negotiations had
closed out, there was money, big money.
The MEGA-Deal totaling more than
$1.5 billion - engineered by Senator
(where-there's-a-will-there's-a-way, not-to-
mention-the-dollars) Bill Lockyer (D,
Hayward) - produced a humongous tax
cut and funding for trial courts.
Despite Assembly Speaker Cruz
Bustamante's (D, Fresno) drawing what the
Los Angeles Times referred to as a "rare
hard-line stance" vowing to hold firm in
budget negotiations on aid for legal immi-
grants (a $124 million package), in the end,
there was "no money' to provide elderly
legal immigrants with Supplemental
Security Income and there was "no money"
for food stamps for adult legal immigrants.
The bottom line: legal immigrants end-
ed up with $35 million for food stamps for
children and elderly immigrants who
entered the U.S. before August 22, 1996
and $2 million for a farm worker voucher
program.
CUTTING PRE-NATAL CARE
Furthermore, miserably, the Democrats
were unable to muster the support for re-
enacting prenatal care for undocumented
women. Instead of forcing the Governor to
make good on his threats to veto the health
bill which should have included the prena-
tal care, the Democrats did not include it
in the measure.
Although the bottom line was better
than the zero dollars the Governor wanted
for immigrants; it poignantly represents
Senate President pro Tem Bill Lockyer's
(D, Hayward) lack of interest in the immi-
grant issue and Speaker Cruz Bustamante's
(D, Fresno) lack of willingness to play hard
ball with the Governor.
Other than clean-up legislation (i.e.,
creation of some of the 500,000 jobs neces-
sary if indeed the Legislature is serious
about the "work" part of the "welfare to
work" equation). This coming year advo-
cates may have to switch gears to litigation
as the 58 counties scramble to come up with
and implement 58 different county plans.
THE ACLU AFFIRMATIVE AGENDA
The ACLU and other civil rights
organizations developed the Omnibus Civil
Rights measure (AB 310, Assemblywoman
Shiela Kuehl-D, Santa Monica) to
strengthen and add to the protections
afforded to people suffering from discrimi-
nation or harassment in the workplace or
housing market. Among its provisions are
Back
Forward
sections that conform the state's religious
exemption to the narrower federal law
standard, extend protections against
harassment to contract workers, prohibit
genetic testing, and require that employers
provide reasonable accommodation for
pregnant employees.
The bill was painted by the religious
right as being part of the "gay rights agen-
da" despite its lack of reference to gay peo-
ple. Although there is a Democratic
majority in the Assembly, getting the
majority of votes was a real cliff-hanger
which started at 3:55 pm with only 31 votes
and lasted until 9:40 pm the next day. Civil
rights activists will long remember that
Democratic Assemblymember Carl
Washington (D, Paramount) voted against
the bill and Joe Baca (D, Rialto) stayed off
the vote.
On the next to last day of the session the
bill was taken up on the Senate floor where
it came up two votes short of passage.
NEW VOTE ON CIVIL RIGHTS
AB 310 will be brought up again for a vote
in the Senate and the Assembly in 1998. We
urge ACLU members and friends to chal-
lenge the members of the Legislature and
the Governor to abide by the Governor's call
for "zero tolerance for any form of discrimi-
nation" and his avowed commitment "to
take active steps to promote equal opportu-
nity regardless of race, gender, or ethnicity"
issued in the wake of Proposition 209's pas-
sage, to support this bill.
A second measure, SB 1251 by
Senator Charles Calderon (D, Whittier) is
restricted to the damages and fees issues
formerly in the Kuehl bill (removing the
$50,000 cap on damages for employees)
and ensuring that prevailing parties may
recover expert witness fees for people who
file claims under the Fair Employment and
Housing Act. This bill passed the Senate
(21 to 13) and next year faces a vote on the
Assembly floor before going to the
Governor's desk.
PRISON INTERVIEWS
Senator Quentin Kopp's (I, San
Francisco) measure to ensure media
access to prisons (SB 4384) virtually
sailed through both houses on a biparti-
san basis. However, the Governor vetoed
the measure - a not unexpected result
considering he had designed the media
ACLU News = JANUARY/FEBRUARY 1998 = Pace 4
ban in the first place - despite hearing
from people that they want the media to
report on how their tax dollars are being
spent in our prisons.
CRIME AND PUNISHMENT
(a.k.a. Politicians' Bread and
Butter)
AB 15388 authored by Assemblywoman
Sally Havice (D, Cerritos) and co-authored
by Senator Steve Peace (D, San Diego)
expanding the application of the death
penalty to murders that are committed to
further or assist in criminal conduct by
street gangs flew out of the Assembly 68 to
9 votes. While Assemblywoman Havice
decided to make AB 1588 a two-year bill in
the Senate, it remains to be seen whether
the Senate Committee on Public Safety
will be able to neutralize or defeat this bill
next year.
When Democrats go out this far, the
Republicans are not to be outdone. They
brought us AB 490 by Assemblyman Roy
Ashburn (R, Bakersfield) to impose the
death penalty on people who intentionally
kill a victim under age 14. After zipping
through the Assembly 67 to 5 and passing
the Senate Public Safety Committee, this
bill was put on hold in the Senate
- Appropriations Committee. We can expect
this bill to be brought to a full Senate vote
next year.
Then Mike Reynolds (the creator of
Three Strikes) brought us two more bud-
get-busting, far-reaching crime bills:AB 4
by Assemblyman Tom Bordonaro (R, Paso
Robles), the "10-20-Life" bill, and AB 1370
from Assemblyman Robert Prenter (R,
Fresno), a measure to severely limit the
California Supreme Court holdings in two
Three Strikes cases.
AB 4 which imposes additional sen-
tences on an individual who uses a gun in
the commission of certain felonies passed
the Assembly 72 to 4 and the Senate 30 to
1: 10 years for brandishing a gun, 20 years
for firing a gun, or 25 years-to-life for firing
a gun and causing great bodily injury. The
brave "no" votes were Assemblymembers
Shiela Kuehl (D, Santa Monica), Carole
Migden (D, San Francisco), Carl
Washington (D, Paramount) and Rod
Wright (D, South Central Los Angeles) and
Senator Hilda Solis (D, El Monte). It gave
us pause: where were the other "champi-
ons" of civil liberties?
ILLUSTRATION BY PAUL ANDERSON
On the other hand, the Assembly
Committee on Public Safety is showing
some moxie by holding an interim study
on AB 1370, a measure which would
severely limit the California Supreme
Court's Romero and Alvarez decisions
which among other things allow judges to
dismiss prior convictions or reduce cer-
tain charges to misdemeanors in the fur-
therance of justice.
Unfortunately, it is likely to get worse
in this upcoming election year! Despite
the crime rate going down in California
and the rest of the country, we are going to
see more "tough-on-crime" bills and there
will be even more pressure to pass them.
WHAT THE ELECTION YEAR WILL
BRING
The benevolent-sounding "English for the
Children" initiative dismantling bilingual
education in California garnered enough
signatures to appear on the June 1998 bal-
lot. This measure takes a one-size-fits-all
approach which requires that non-
English speaking children be placed in a
one-year English immersion program,
after which they would be placed in
English-only classes. Although there are
"exceptions" which allow parents or prin-
cipals to place children in classes taught
totally or partially in their native tongue,
it is unclear how parents who may not be
fluent in English themselves are supposed
to be able to understand or seek out these
options. The ACLU will vigorously oppose
this ballot measure (See article page 2 on
what it means, and how you can get
involved. )
The champagne bubbles were barely
fading from the celebration of our victory
in the minors' right to abortion case
American Academy of Pediatrics v.
Lungren, when we learned that we may be
faced with the "California Parental Rights
and Protection Initiative." This measure
would amend the California Constitution
to restore the state's parental consent law
for minors' abortion is a companion to
efforts by the anti-choice groups campaign
to remove the state Supreme Court jus-
tices who voted to overturn the law who
are up for confirmation.
As of our printing deadline, the initia-
tive proponents are claiming to postpone
their signature-gathering for now and save
Continued on page 5
New Racial Justice Fellowship...
Continued from page |
staff counsel Ed Chen, worked on the
case for almost a decade.
STRONG MESSAGE
The fees donated to the ACLU-NC will
not only expand our legal program but
send a strong message to law enforcement
agencies that there can be a very high
price to pay for violating constitutional
rights. "The commitment and legal acu-
- men of the Pillsbury attorneys contributed
greatly to the legal victory in this case,"
said ACLU-NC staff attorney Chen. "The
firm's generosity in donating this signifi-
cant attorneys' fee award to the ACLU
means that our work on behalf of other
families whose constitutional rights were
violated will also be strengthened."
The award comes at a time when the
ACLU-NC's deep involvement in the battle
for affirmative action and other efforts in
the fight for racial equality are sorely in
need of greater resources. Unfortunately,
for all our commitment to racial justice,
we have not been terribly successful.
Racial equality continues to be an even
more elusive goal as we head toward the
next century. Especially when we examine
our work over the past three years on affir-
mative action, we are losing ground. With
the U.S. Supreme Court's refusal to hear
our facial challenge to Proposition 209
Coalition for Economic Equity v. Wilson,
we now find ourselves faced with a myriad
of individual challenges, any one of which
can have precedent-setting consequences.
STRATEGIC RESPONSE
The legal fallout from Proposition 209
is particularly ominous. While significant
resources were focused on the single test
case brought last year, we now face a half
Unz Initiative ...
Continued from page |
will have a severe and detrimental impact
on Latinos and Asians who make up the vast
majority of limited English proficient stu-
dents in the California public schools. In
Lau the Supreme Court found San
Francisco's failure to provide special assis-
tance to immigrant students violated Title
VI of the 1964 Civil Rights Act which pro-
hibits recipients of federal funds from dis-
crimination against racial and national
origin minorities.
The initiative violates the due
process rights of parents. The parental
"choice" proffered by the initiative makes
waivers almost impossible to obtain.
Moreover, the waiver is not available to
non-English speaking children under ten
absent special needs as determined by the
school superintendent, and it must be
obtained by parents who must submit a
written request and appear in person at
the school. This burdensome and intimi-
dating process makes it difficult, if not
impossible, for working parents and par-
ents with immigration documentation
problems to assert their rights.
The school districts are given unlimited
discretion to approve or deny waivers, with-
out providing any standard rationale or
appeal procedures. ZS
The initiative feeds into and fortifies
a climate of racism and anti-immigrant
scapegoating. The Unz initiative, built on
a campaign of misinformation, stereotypes
and distortions of statistics and the law, is
another step on the continuum of
Proposition 187, Proposition 209 and the
federal immigration and welfare "reforms."
The initiative is part of the politics of
scapegoating and division and singling out
a disfavored and generally powerless
dozen cases - and the likelihood of
dozens more. The need to monitor all
these cases, and respond strategically to a
legal environment increasingly hostile to
racial equality is a major challenge, both
to the ACLU and to our civil rights coali-
tion partners whom we work with closely
on this issue.
Faced with this challenge, and the gen-
erosity of Pillsbury's fee award donation,
our Board of Directors agreed to establish a
new Racial Justice Fellow position for a
three-year multi-faceted assignment. In
addition, the project will seek support
from private foundations.
PROTECTING RACIAL EQUALITY
The Fellow will assist current staff
counsel in developing and implementing
a strategy to ensure that equal opportuni-
ty and anti-discrimination policies are
protected in post-Proposition 209
California. In addition, the Fellow will
support our new project focused on
racism in the criminal justice system.
That project, which received a grant from
the Center on Crime, Communities and
Culture of the Open Society Institute (a
new foundation founded by New York
financier George Soros), will focus on
developing a strategy to challenge the
disproportionate incarceration of people
of color in the nation's criminal and juve-
nile justice systems.
As part of this effort, our Police
Practices Project work to stem the grow-
ing use of law enforcement data bases
comprised almost entirely of young men
of color - branding them as "gang mem- |
bers," without any accusation of the com-
mission of a crime - _ will also be
enhanced by the additional resources.
While the three-year fellowship will
focus primarily on legal action, the
Board, recognizing the crucial role of
message development and public educa-
tion in the volatile debate on racial jus-
tice, has also approved the addition of a
media specialist to work in this arena
during the coming year.
We have long relied on attorneys fees
as an important source of revenue for our
diverse and ambitious legal program.
Revenue from attorneys fees, much of it
donated by the law firms who volunteer
for ACLU-NC, comprise an average of 10%
of the ACLU-NC Foundation budget.
Pillsbury's extraordinary award will allow
us to expand our program in a way that is
absolutely crucial in this period, and still
enable us to reserve a portion of these
fees to fund our core program for the
future. The ACLU-NC legal program, led
by six staff counsel in the San Francisco
office working with more than 100 volun-
teer attorneys, includes a docket of more
than 70 cases every year.
We are extremely grateful to Pillsbury,
Madison and Sutro. Their fee award puts the
ACLU-NC in the rare position of both fac-
ing a critical challenge in the area of racial
justice, and having extraordinary new
resources to effectively respond to the
wide variety of civil liberties abuses that
face us each year - whether it be
attempts to censor school books or cyber-
space, to cut back on reproductive rights
or the rights of lesbians and gay men, or to
deny immigrants, welfare recipients or stu-
dents their rights and their dignity.
Legislative ...
Continued from page 4
the initiative for the year 2000 election. Did
they lack the necessary signatures? Is this
a ploy to trick pro-choice voters? Watch
this space for further details.
In addition, there may be another
insidious ballot measure targeted at creat-
ing harsher penalties for juvenile offend-
ers, This one, by the state District
Attorneys, is now in the form of a 500-page
draft proposal. They want to put it on the
November 1998 ballot.
Finally, the pressure to build prisons
and schools mounts as the as the state's
inmate population has increased sevenfold
over the last two decades and the number
of school children increases while there is
a move to reduce class size. How these two
interests compete for dollars in upcoming
budget battles and ballot measures will dri-
ve our state's economy and well-being for
decades.
group (here limited English proficient stu-
dents and their immigrant families) for
mistreatment under the guise of so-called
"benevolent" policies (much like welfare
reform - by taking away a hard-won bene-
fit - is supposed to "empower and uplift"
AFDC recipients). The initiative is also
related to the broader "English-only"
movement, which is predicated on the
notion that multiple language services
provided by the government constitute
a threat to the stability of the American
society - a premise that the ACLU has
long-sought to expose as false and oppose
in practice.
While defeating this measure presents
many challenges, the more voters hear
about the Unz initiative, the more likely
they are to vote no. Once again, the ACLU
and our allies are called upon to stand up
to the scapegoating and stereotyping
which have become the byword for the pas-
sage of backward, divisive legislation. Hi
Consensual Sex ...
Continued from page 2
between adults, within 60 days the DOJ
shall notify the local law enforcement
agency that the person is no longer required
to register (unless the person has other con-
victions that require registration) and the
local law enforcement agency must remove
the person from its registry within 30 days.
If the DOJ finds that the information sub-
mitted is insufficient to justify removal from
the sex offender registry, an individual can
appeal the decision to the superior court.
"The Department of Justice should have
taken these individuals off the sex registry
list a very long time ago," said ACLU
Legislative Director Francisco Lobaco who
worked on the passage of the provision. "We
expect this new law will facilitate the
process by which these innocent individuals
can finally have their names removed from
the sex registry list."
ACLU News = JaAnuary/Fesruary 1998 = Pace 5
Journalists' ...
Continued from page 2
thoroughly inform the public on the state
execution. Thus, the public had to rely
- solely on prison officials for information
about how the death penalty is being
implemented by this new method of execu-
tion. "The government has never been a
substitute for public access," Fried told the
court. "Prison officials have a reflexive
desire for secrecy." ;
On April 9, 1996 ACLU-NC attorneys
filed the lawsuit on behalf of journalists,
news organizations and First Amendment
advocates, asking the court to issue an
immediate injunction to prevent the
prison from imposing the restrictions dur-
ing subsequent executions. On May 31 of
that year, the Court issued a preliminary
injunction enjoining prison officials from
restricting witness observation of execu-
tions.
On February 28, 1997 U.S. District Court
Judge Vaughn Walker ruled that public wit-
nesses - including the media - have a
constitutionally protected right to observe
executions and that there was no evidence
that media presence jeopardizes prison
security or the safety of prison personnel.
Peter Sussman, immediate past presi-
dent of the plaintiff Society for Professional
Journalists, said, "The District Court recog-
nized a First Amendment right for public wit-
nesses to see this most irrevocable of
governmental acts in its entirety, without the
mediation of prison PR people. It's not a role
anyone can relish, but it's essential if the citi-
zens of this state are to be kept informed
about the awesome powers exercised in their
name," he added.
The plaintiffs are represented by Fried,
attorneys Jeffrey S. Ross, Michael Kass and
Paul Jahn of the law firm of Friedman, Ross
Hersh, and ACLU-NC managing attorney
Alan Schlosser. @
REMOVING NAMES
Individuals convicted of consensual
gay sex who seek removal from the sex
offender registry can send a cover letter
and official documentary evidence or con-
fidential declarations to:
CRIMINAL JUSTICE INFORMATION and
ANALYSIS
SEX AND ARSON REGISTRATION
PROGRAM
P.O Box 903387
SACRAMENTO, CA 94203-3870
For more information or to check on
the status of requests, call the
SEX OFFENDER REGISTRATION UNIT
916/227-3288
_ The ACLU-NC has produced a fact
sheet which explains the new law and how
to get your name removed from the registry.
To order, call the ACLU-NC Complaint
Desk at 415/621-2488.
BY KEN RUSSELL
ow do you relate to the media
H when you feel that it portrays you
as =the Hall or Western
Civilization?" What is the role of truth
when the main goal of a newspaper is to
make money? These are some of the ques- |
tions 400 high school journalists dealt
with at the 1997 Writing Your Rights con-
ference sponsored by the Howard A.
Friedman First Amendment Education
Project on October 21 at U.C. Berkeley.
"While schools make clear to students
exactly what they cannot do, this confer-
ence gives them the unique opportunity to
learn what they can do," explained Project
Director Nancy Otto. "High school jour-
nalists learn that their work is protected
by the First Amendment, state education
codes, and the state Constitution."
In a raucous opening session, powered
by the sounds of Youth Radio DJ Rudy
Herrera, students used prose, poetry, and
graffiti to create a mural reflecting the
portrayals of their generation in the
media. Negative stereotypes such as
"ignorant," "troubled," and "dangerous."
dominated. Some images were epic in
scale, "cause of the Apocalypse," some
SCOHSSHSHSSHSHOHSHSHSHHOHHSHSHHSHSHHSHHHSHHSHHHSHSHHHHSHSHHHSHSHHHHHHSHHHHHSHHHHHHHHHHHHHHHHHHSHHHHHEHEHHH88EHHHHHHSEHES
Writing Your Rights
Student Journalists Ask the Hard Questions
Student journalists create a wall mural using prose, poetry and graffiti to illustrate the
images the media assigns to youth.
more mundane, "reckless drivers." Some
images held out hope, "The Future of
America,' others reflected change,
"Revolutionary."
In the opening plenary, featuring Bay
Area reporters and editors, panelist
Victoria Hudson of the Oakland Tribune
encouraged the students to ignore stereo-
typing, "Don't let the labels stick," she
warned.
But when Hudson reminded students
that the "bottom line" with newspapers was
advertising dollars, a young journalist rose
to the mike in indignation. "Shouldn't it be
about truth, not money," he demanded.
Panelist Raul Ramirez, executive news
director at KQED-FM, responded, "If peo-
ple buy it, it will get printed, I mean, what
is this ridiculous thing about Clinton meet-
ing aliens?"
Teacher Exonerated
for Allowing Student-Initiated Discussion of "Ellen" TV Show
By MariA ARCHULETA
n December 12, the California
QO Commission on Teacher Credential-
ing (CTC) closed the file on the
complaint filed against Alameda teacher
Victoria Forrester, because she allowed a
short student-initiated discussion about
the TV show "Ellen" in her classroom. By
taking no action, the Commission upheld
the Alameda District School Board's
October decision that Forrester did not act
unprofessionally.
Forrester, who was represented by the
ACLU-NC and the California Teachers
Association, said, "I'm very pleased with
: 1 HAD Toc CHANNELS...
2 Doo| HOSeIeMETRRE
: FIOM WATCHING "ELLEN...
the decision. Not only is it a personal vic-
tory, but a victory for academic freedom
and for the citizens of Alameda County
who are looking for a hate-free educational
environment. I'm also pleased that two
separate educational institutions, the
Alameda District School Board and the
CTC came to the same conclusion."
On May 1, 1997, the day after the much-
publicized airing of the national television
show "Ellen" in which the main character
comes out as a lesbian, people in homes |
and offices throughout the country dis-
cussed the historic episode. The students
in Victoria Forrester's fifth grade class in
Alameda's Amelia Earhart Elementary
School were no exception.
The discussion took place in a forum
which Forrester created for students to
exchange ideas and talk about events in
their lives, before launching into the
school day.
On that particular morning, a student
volunteered that she had watched "Ellen"
and thought that the main character was
brave. Another student said that she had
seen the show as well and was proud that
Ellen could "be who she is." Forrester
Dy,
uj
Le EI
VE CH;
COURTESY OF CARTOONIST JOHN BRANCH
wrote the words "brave" and "proud" on the
board, and the class discussed the show for
a few minutes, freely expressing diverse
viewpoints.
Because of the "Ellen" discussion,
which lasted less than ten minutes, a parent
filed a complaint with the school district,
claiming that Forrester should be fired for
allowing the discussion to take place in
front of his daughter. The superintendent
investigated the matter and concluded that
the teacher had not behaved inappropriate-
ly. The parent appealed the superinten-
dent's decision to the Alameda District
School Board. On October 28, during a
packed meeting, the School Board found
Ms. Forrester innocent of any wrong doing.
The parent also filed a complaint with
the California Commission on Teacher
Credentialing asking the state licensing
board to revoke Ms. Forrester's teaching
license.
ACLU-NC staff attorney Kelli Evans,
who is representing the teacher, said, "This
complaint challenged the spirit of free
inquiry that is the core of a democratic
education. While parents have many rights,
they do not have the right to prevent their
children from exposure to any and all ideas
or topics in public school that clash with
their personal world view. They certainly
do not have the right to punish a dedicated
San Francisco Examiner columnist
Bill Wong implored students to make their
voices heard in the mainstream press,
"You are the consumers of the media."
Wong's decades of experience inside
newsrooms taught him that editors really
do listen when you write or call them
about something you have read.
In conference workshops, students
explored the state of diversity in the news-
room, how to deal with faculty advisors
over issues of censorship, and how to get
access to hard-to-find information. Bay
Guardian editor Tim Redmond told stu-
dents in a workshop on investigative
reporting, "When, you hear "No!", don't get
discouraged, think alternatives." He
explained how to use the Freedom of
Information Act and the California Public
Records Act to gain access to public
records.
The fifth annual student journlism
conference was organized by the Howard
A. First Amendment Project Director
Nancy Otto and the Student Advisory
Committee. The 400 participants repre-
sented over 30 high schools from cities
and rural throughout northern California.
Ken Russell isan ACLU Newsintern @
teacher who allows students to explore the
ideas and events of their world."
In addition to Evans, Forrester is repre-
sented by ACLU-NC staff attorney Margaret
Crosby, and attorney Ballinger Kemp of the
California Teacher's Association.
"Forrester behaved as a concerned and
sensitive teacher," said Crosby. "She creat-
ed an environment where students felt
comfortable satisfying their curiosity and
exploring new ideas while reminding the
class that there are differing perspectives
on every question, and that they should use
their developing critical faculties to reach
their own conclusions," Crosby added.
During the course of the evaluation
before the School Board and the state com-
mission, numerous parents came forward
to support Forrester, calling her a dedicat-
ed teacher who in addition to her class-
room work, has contributed to curriculum
development, served as a mentor teacher,
coached basketball, directed student
plays, and facilitated the Student Council
Program for seven years.
CHOHOSHSOHSHOHSOHHSHSHSHHHSHHHHHHHEHHHTHHHHHHSHHHSHEHSHHHHHHHHEHEHEHHHHHHHHHE
Drug-Sniffing Dog Case
Yields Fees, New Website
he successful settlement of the
[Pct lawsuit against the Galt
Unified School District's use of drug-
sniffing dogs (see ACLU News, November-
December 1997) yielded more than an
agreement to halt the random, unwarrant-
ed classroom searches of students and
teachers. On November 17, the District
agreed to pay $35,000 in attorneys fees; all
of the fees were donated to the ACLU-NC
by the cooperating law firm, Chapman,
Popik and White, whose attorneys John
Heller, Mark White and Robert Lash,
worked with ACLU-NC managing attorney
Alan Schlosser in representing the stu-
dents who objected to the search.
The lawsuit, Reed v. Gali Unified High
School District was the first to challenge
the constitutionality of policies by which
school districts hire private companies to
conduct random searches of students'
belongings. "Any use of the dogs in this
manner is unconstitutional," Heller said.
"No one is arguing that there isn't a drug
problem, but you can't respond to the drug
problem by trampling on the rights of stu-
dents. Students don't automatically give
up their rights once they pass through the
school doors."
1997 Galt High School graduate Jacob
Reed, who refused to have his belongings
searched when the vice-principal brought
the drug-sniffing dog into his criminal jus-
tice class and who called on the ACLU-NC
for support, has now created a website to
inform students about the lawsuit and to
establish a dialogue with others about pri-
vacy rights. To reach the site, go to
www.softcom.netuserskareed.
"The site has an e-mail section. |
hoped that other students would respond,
and they did," said Reed who graduated in
June. "I've received messages from New
Continued on page 8
ACLU News "= January/Fesruary 1998 = Pace 6
Oakland School Board Approves
Settlement in Uniform Lawsuit;
District Will Provide More Aid
providing financial assistance to stu-
dents in purchasing school uniforms,
the Oakland Unified School District
approved in November a final settlement
agreement of an ACLU suit aimed at bring-
ing the District into compliance with the
state Education Code.
The suit (Edelstein v. Oakland Unified
School District) was filed in Alameda
County Superior Court in 1995 by the ACLU-
NC on behalf of the parents of a number of
Oakland elementary school students.
In a partial settlement of the suit
approved in July 1996, the Board agreed to
sweeping changes in the uniform program,
including the establishment of a formal
financial assistance program and a system
for notifying parents that they have the
right to opt out of the program if they do not
want their children to wear uniforms.
However, the earlier agreement did not
resolve the question of the amount of finan-
cial assistance to be provided. That issue
was finalized by last night's approval of the
settlement.
The District has now agreed to maintain
its current levels of assistance of $10.00 per
student for students who wear size 14 or
| na move that improves its program for
smaller and $11.66 for students wearing
larger uniforms. In addition, the agreement
puts in place a system for providing addi-
tional assistance in cases of special need.
"Tt has always been our goal to ensure
that all families can participate in the uni-
form program if they wish to do so, regard-
less of their economic circumstances, while
at the same time making sure that those
families who do not want their children to
wear uniforms know that under state law
they have the absolute right to opt out," said
ACLU-NC staff attorney Ann Brick. "Before
the suit was filed, the District's uniform pol-
icy did neither; the settlement guarantees
that it will now do both."
Among the changes brought about by
the lawsuit were procedures to inform par-
ents on a regular basis that there is finan-
cial assistance available to purchase
uniforms, to change the financial assistance
program to provide aid on a per student -
rather than on a per family - basis, and to
tell families how they can "opt out" of the
program. The agreement also simplifies the
opt out procedure and requires that parents
be told that their children "will not be
penalized academically or retaliated
against in any way as a result of your deci-
sion that he or she not wear a uniform."
Students qualify for vouchers if they are
eligible under the free or reduced price
lunch program or if their families are eligi-
ble for aid under the programs that have
replaced AFDC. The agreement requires the
District to notify parents by mid to late
January that they may apply for additional
aid if they can show "exceptional circum-
stances" that justify supplementing the
vouchers. Starting next fall, the District
will notify families of the availability of addi- |
tional assistance at the time vouchers are
distributed.
Application forms may be obtained from
the principal's office or from the Office of
Student Services at 1025 Second Avenue,
Oakland or by telephoning the Office at
510/836-8111 requesting that an application
be mailed.
about major improvements in the Oakland
school uniform program. It now takes into
account important needs of the students
and their families that were not been
addressed," added Brick.
Legislation allowing school districts to
require uniforms was passed by the
Continued on page 8
Yogi Joins
Development Staff
BY MARIA ARCHULETA
cent s a person of color and a gay man, | |
understand the need for an organi-
ation like the ACLU to protect peo-
ple whose rights might otherwise be
trampled," said Stan Yogi, the affiliate's
new Director of Foundation Support and
Planned Giving.
Yogi's many responsibilities include
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managing the ACLU-NC Foundation's |
fundraising program for charitable
bequests and planned gifts, meeting with
donors, researching and writing grant pro-
posals, and coordinating with the national
ACLU planned giving and foundation
grants staff. :
Ensuring that the ACLU-NC maintains
the financial means to be an effective and
long-lasting organization is a job that Yogi
performs with a personal sense of duty.
"The ACLU calls upon us to live up to our
highest ideals," said Yogi. "My grandpar-
ents were interned during World War II,
and examples like that have stuck with me
and made me see that it is very important
wo ACLU-NC leaders, former Board
[Me Nancy Pemberton and staff
attorney Margaret Crosby, were hon-
ored recently for their years of hard-won
battles for civil liberties.
On November 8, California Women
Defenders honored Nancy Pemberton with
the Ruth Young Award for her contribu-
tions to the practice of criminal justice and
commitment to the preservation of civil
liberties. The award was presented at
their annual Fall Seminar held at Golden |
Gate University in San Francisco. Her
work for civil liberties includes almost 20 |
years of service on the ACLU-NC Board of |
Directors of which she is currently treasur- _
er; she served as ACLU-Board Chair from
19- to 19-. Pemberton also served as Chair
of the Board of Death Penalty Focus of |
California. Pemberton, a private investiga-
that the ACLU be strong and vigilant."
Yogi, who served as a development con-
sultant with the ACLU-NC Foundation, was
hired to replace former Director of
Foundation Support/Planned Giving
Robert Nakatani who moved to New York to
Stan Yogi
join the national ACLU Lesbian and Gay
Rights and HIV/AIDS Projects as
Development Director.
Experienced on both sides of the fund-
ing equation, Yogi has not only written
grant proposals but also evaluated them
for grant makers. As a non-profit-consul-
tant, Yogi helped secure funds for various
human rights and social service organiza-
tions, including the Asian Pacific American
Community Fund, Larkin Street Youth
Center, and New Leaf/San Francisco AIDS
Foundation. At the California Council for
the Humanities and the Koret Foundation,
Yogi assisted in distributing millions of dol-
lars in grants and led grant writing and
program planning workshops. Yogi also
serves on the Board of the Horizons
Foundation, which raises and disburses
funds to lesbian and gay community orga-
nizations.
It was completely accidental that Yogi
ever entered his present field. His first
love was literature, and he planned a
career as a professor. He is the editor of
Highway 99, a literary compendium of
writers from California's Central Valley
including William Saroyan, Maxine Hong
Kingston, and Gary Soto, published in 1996
by Heyday Books. However, after receiving
his MA in English, Yogi became disen-
Crosby, Pemberton
Honored
tor with the firm of Pemberton and
Associates, has also practiced as a criminal
defense attorney in both public and private
realms - in the firm of Topel and Goodman
and as an Assistant Federal Public
Defender.
Margaret Crosby was honored with the
Meta Kauffman/Roy Archibald Civil
Liberties Award at the ACLU-NC North
Peninsula Chapter's Annual Meeting on
October 19, for her outstanding efforts in
defense of reproductive rights and the
First Amendment. Crosby, who joined the
ACLU legal staff in 1976 after serving as a
law clerk for U.S. District Court Judge
_ Robert Peckham, is the foremost litigator
on reproductive rights cases in the state.
Among her major legal victories are the
securing of Medi-Cal funding for abortion
for indigent women and the recent
California Supreme Court ruling striking
down the law restricting minors' rights to
abortion. Crosby has also litigated key
First Amendment church/state issues,
securing the right of Sikh children to wear
kirpans (small ceremonial knives) to
ACLU News = January/Fesruary 1998 = Pace 7
Angelou
Book
Stays on
Shelf
Maya Angelou is a book that has a pro-
found effect on many student readers
- and has been targeted by censors in
school districts around the country.
Fortunately for the sophomores in the
Folsom Cordova Unified School District,
their school Board did not succumb to the
censor's threat: on November 20, the
Board decided that the highly acclaimed
work will remain on the core reading list
for sophomores.
The district considered removing the
book from the list after some parents
objected to Angelou's depictions of sexual-
ES Why the Caged Bird Sings by
_ ity and African American poverty.
"This settlement agreement brings |
In a letter sent to the Board President
on November 7, ACLU-NC staff attorney
Ann Brick urged the Board not to cave in
to the political pressure: "It is a most fun-
damental purpose of the First Amendment
to protect our students from those who
would restrict their reading to the ordi-
nary or the orthodox. Otherwise our
schools fail doubly in their educational
mission; students are deprived of a read-
ing curriculum that challenges and
expands their intellects and they are
taught to discount as "mere platitudes"
the important principles of freedom of
expression that earlier generations have
fought and died for."
The decision upholds the School
Board's November 6 decision - at the rec-
ommendation of an appointed review
committee - to take no action on the call
to ban the book from the curriculum
which six parents appealed. @
chanted with academia and obtained a tem-
porary position at the Koret Foundation as a
receptionist.
From that perch, Yogi got a glimpse of
the art and science of fundraising - and
became fascinated by the importance of
philanthropy in building institutions for
social change. The temp spot soon turned
into a permanent position as a program offi-
cer. The rest is history.
Yogi is looking forward to meeting
ACLU members and is available to speak
with ACLU supporters about their estate
plans and the various tax consequences of
making charitable gifts to the organization
through wills, trusts or annuities. Please
contact Stan Yogi at the ACLU-NC
Foundation office: 415/621-2493 ext. 30. @
(c)0000 8080888828808080888888 888888868
school and ensuring that the City of San
Francisco cease ownership of the Mt.
Davidson Cross atop the City's highest
peak.
In December, Crosby was selected as
one of the "Lawyers of the Year," by
California Lawyer magazine. She was cit-
ed for her work in what the magazine
called "what many consider to be 1997's
most politically charged case," American
Academy of Pediatrics v. Lungren which
overturned the 1987 state law limiting
teens' access to abortion. Crosby was also
honored by Planned Parenthood Golden
Gate on January 20 at their 25th
`Anniversary of Roe v. Wade; the keynote
speaker at that event was Sarah.
Weddington, the attorney who successfully
argued Roe v. Wade before the U.S.
Supreme Court in 1973.
On January 22, 1973, the United States
Supreme Court announced its land-
mark rulings that legalized abortion,
Roe v. Wade and Doe v. Bolton. These
decisions ended the night-
mare of dangerous -
sometimes deadly -
back-alley, illegal
abortions. An
editorial in the
New York Times
applauded the
decisions as
offering "a sound
foundation for final
and reasonable resolu-
tion' of the abortion
debate:' Yet, in fact, the struggle that
had resulted in the Supreme Court
victories was far from over. Few in
1973 could have anticipated how
explosive the issue of abortion would
become and how difficult the right
would be to retain.
The ACLU has fought for more than
a quarter century to ensure that the
reproductive rights of women are not
eroded. In California, litigation by the
ACLU of Northern California
has preserved the right to
choose for indigent
women and for
young women.
This year
marks the 25th
anniversary of a
woman's right to
choose. It is a time
to remember what it
Meant not to have the
right, to celebrate our ad-
vances, to reaffirm the importance of
choice to women's health and equality
and to recommit ourselves to defending
and expanding our rights.
Join the ACLU and our pro-choice
coalition partners in celebrating the 25th
Anniversary of Roe v. Wade.
To reserve, eee send check te
ACLU of Sonoma County, PO Box 1
For further Tiere else are] ar
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-Ken-
sington) Chapter Meeting: (Usually fourth
Thursday) For more information, time and address of
meetings, contact Jim Chanin at 510/848-4752 or
Rachel Richman at 510/540-5507.
Fresno Chapter Meeting: (Usually fourth Tuesday).
Please join our newly-reorganized Chapter! Meetings are
held at 7:00 PM at the Fresno Center for Non-Violence.
For more information, call Bob Hirth 209/225-6223
(days).
Lesbian and Gay Rights Chapter Meeting:
(Usually first Thursday) For schedule of meetings or more
information, contact Steve Zollman at 510/845-7108.
Marin County Chapter Meeting: (Usually third
Monday) Meet at 7:30 p.m. at the Corte Madera Town
Center, Community Meeting Room. For more information,
contact Kerry Peirson at 415/383-3989.
Mid-Peninsula Chapter Meeting: (Usually fourth
Thursday) Meet at 7:30 PM, at 460 South California
Avenue, Suite 11, Palo Alto. Next meeting January 15.
Join us for the retreat January 23-24. For more
information, contact Ken Russell at 650/325-8750.
Monterey County Chapter Meeting: (Usually
third Tuesday) Meet at 7:15 PM, Monterey Library. Join
us for our Annual Meeting with Assemblymember
Fred Keeley and winners of the annual Essay
Contest on January 17 at 2 p.m. 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.
Redwood (Humboldt County) Chapter
Meeting: (Usually third Thursday) Meet at Chan's at
359 G Street in Arcata at 7:00 PM. For information on
upcoming meeting dates and times, contact Christina
Huskey at 707/444-6595.
BY TOM SIMPSON,
CHAPTER CHAIR
fter several years of inactivity, the
Fresno ACLU-Chapter has re-
emerged from hibernation. The
process began last summer when teacher
Tom Simpson and fledgling attorney Bob
Hirth saw a notice in the ACLU News look-
ing for Fresno-area people interested in
ISSUES.
reactivating the chapter. The two met with
Field Representative Lisa Maldonado who
journeyed to Fresno, and a plan was born.
After several months of working around
the schedules of a teacher and a new solo
practice litigator, the first organizing meet-
ing was called in September. Thirty people
showed up at Fresno's Center for Non-
Violence; their presence and enthusiasm
proved to the organizers that there is defi-
nitely community interest in having an
ACLU Chapter. Civil liberties supporters in
Fresno identified key local issues, including
Drug-Sniffing ... |
Continued from page 6 |
|
Zealand, Canada and all across the U.S.
There was one that said, `No kidding! I'm |
in my school library, because my classroom |
is being searched right now." |
Reed's site also includes an essay he |
wrote for his Criminal Justice class about |
refusing to allow his belongings to be |
sniffed; a letter from his mother to -
Interquest (the drug-sniffing dog compa- _
ny Galt hired); a letter from Interquest |
responding to his mother; the ACLU-NC |
press release on the lawsuit; and links to |
news articles about drug dogs. |
|
The website will not be Reed's last effort |
Fresno Activists
Revive Local Chapter
the separation of church and state in local
government (particularly the City's use of
tax dollars to fund the Promise Keepers
conclave at Fresno State), free speech and
assembly rights of students, and prisoner
rights in the county jail. In addition, people
were concerned about the right to breast
feed in public (now codified in a state law
which went into effect on January 1), gay
Howarb WATKINS
The newly revitalized Fresno Chapter readies itself for action in local civil liberties -
and lesbian rights and censorship in schools
and libraries.
At the November meeting, the mem-
bers elected officers to who will serve until
the General Election required by the
ACLU-NC Chapter by-laws and scheduled
monthly meetings on the fourth Tuesday
each month at 7:00 PM at the Center For
Non-Violence.
The Chapter launched a letter-writing
campaign challenging city funding of reli-
gious events. For more information, please
call Bob Hirth at 209/225 6223 (days). Hl
to further privacy rights. He is now attend-
ing Delta College and aims to study criminal
law and become a public defender.
Uniform Lawsuit ...
Continued from page 7
Legislature in 1994; the law gives parents
an absolute right to refuse to participate
and also mandates financial assistance for
those who need it.
The parents are represented by ACLU-
NC staff attorney Ann Brick and cooperat-
ing attorneys Jeffrey Williams and Bruce |
Wagman of the law firm of Morgenstein and
Jubelirer. :
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 more information, contact Ruth Ordas
at 916/488-9955.
San Francisco Chapter Meeting: (Third Tuesday)
Meet at 6:45 PM at the ACLU-NC Office, 1663 Mission
Street, Suite #460, San Francisco. New members meet
ing coming up. For more information, 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, Ist Floor Conference Room, 111 West St. John
Street, San Jose. For further chapter information contact
Jon Cox at 408/293-2584.
Santa Cruz County Chapter Meeting: (Usually
third Monday) Meet at 7:15 PM. For more information,
contact Dianne Vaillancourt at 408/454-0112.
Sonoma County Chapter Meeting: (Usually third
Tuesday) Meet at 7:30 PM at the Peace and Justice Center,
540 Pacific Avenue, Santa Rosa. Join us for our
Annual Dinner on Saturday, February 28 at
Sebastopol Veterans Auditorium, 282 High Street, at 6 p.m.
Call Judith Volkart at 707/526-2893 for more information.
ACLU News = JANUARY/FEBRUARY 1998 = PacE 8
Yolo County Chapter Meeting: (Usually third
Tuesday) Meet at 7:30 PM, 2505 Sth Street 154, Davis.
The chapter is very active on issues concerning local cur-
fews, free speech rights, housing authority, and discrimi-
nation. For more information, call Natalie Wormeli at
916/756-1900 or the Chapter Hotline at 916/756-
ACLU.
Chapters Reorganizing
If you are interested in reviving the Mt. Diablo or
North Valley Chapter, please contact Field
Representative Lisa Maldonado at 415/621-2493.
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 out:
reach activities. For more information, contact Nancy Otto
at 415/621-2006 ext. 37.
Student Advisory Committee: For more informo-
tion, contact Nancy Otto at 415/621-2006 ext. 37. i