vol. 65, no. 1

WoL.ume LXV

Key Laeeawe Rights Case Before

cent ACLU-NC Language Rights Project,

a joint effort with the Employment

Law Center established to challenge

discrimination based on language and

accent, has become the leading defender of

language rights throughout the country,

handling cases in Utah, Arizona and

Alabama as well as in California. This year,

the Project - co-directed by ACLU-NC staff

counsel Ed Chen along with co-counsel

from the Southern Poverty Law Center -

will be arguing a case before the U.S.

Supreme Court with broad implications for

Jederal civil rights protections.

DRIVING IN ENGLISH ONLY

The ACLU is co-counseling a significant

language rights case based on Title VI of

the U.S. Civil Rights Act, Sandoval v.

Hogan, before the United States Supreme

Court on January 16. The lawsuit chal-

lenges the Alabama Department of Public

Safety's decision to stop administering

drivers license examinations in lan-

guages other than English, following the

passage of an "English only" measure in

Alabama. As co-counsel with the

Southern Poverty Law Center, the ACLU-

NC, the national ACLU and

Employment Law Center represent a

Spanish-speaking plaintiff who needed to

drive to work but could not pass the dri-

vers license exam because of the English-

only policy. The Court of Appeal upheld

the district court's decision that the

Department violated Title VI of the Civil

Rights Act, which states that recipients

of federal funds cannot discriminate on

the basis of national origin.

"We do not have to prove that institutions

are intentionally trying to exclude on the

basis of ethnicity, origin or race," explained

Chen, "as the federal government has said

that what are prohibited are actions that

have an unjustifiable discriminatory impact.

SPOHSSHSHHSHSHSHHSNHSHSHHHSHSHHSHHSHOHSHSHHHSHOHHSHSHSHHHSHSHHHSSHHHSHHSHSHSHSHSHSHSHHHSHHOHHSHSHSHSHHHHSHSHHHHHHHHHSHHHHHHHHTHHHHHHHHHHHSHHHHHHHHHEHHHHHHHHHEHE

STATE "Sues ITSELF"

the.

UL Vb ea ld 2001

U.S. Supreme Court

The burden is therefore on the Alabama state

government to show that there is a specific

and strong reason to eliminate foreign-lan-

guage licensing tests.

"However, Chen noted, "this issue

does not only concern language discrimi-

nation in Alabama, but also whether there

can be a private right of action to go to

court to challenge any form of race or

national origin discrimination under the

disparate impact theory of Title VI.

Without this recourse, the only enforce-

ment mechanism is to rely on the federal

government to cut off funds to offending

agencies or bring its own federal lawsuit

- something that rarely happens."

This case is being closely watched by

the entire civil rights and public interest

legal community because Title VI has

been a critical tool to challenge many

aspects of discrimination, including bilin-

gual education for immigrant children,

and racial discrimination generally by

agencies receiving federal funds, such as

public entities like the University of

California and Contra Costa County. The

ACLU is currently working on many cases

around the country that are based on

Title VI, and the national ACLU will join

the ACLU-NC in arguing the Sandoval

case before the high court.

"This case is not just about language

rights, but about a critical tool in fighting

for racial justice," said Chen.

CHALLENGE TO UTAH "OFFICIAL

ENGLISH" LAW

The ACLU was successful in blocking the

implementation of a newly approved

"Official English" law in Utah on the

grounds that the initiative, approved by the

voters on November 7, may be in violation of

the First Amendment and equal protection

guarantees. A Utah district court judge

issued a Temporary Restraining Order, on

December | - two days before the measure

~ was to go into effect.

The law would prohibit public agencies

from providing services and information in

any language other than English; addition-

ally, it requires that state funds appropriat-

ed for translation of materials or the

provision of services or information in oth-

er languages be returned to the state.

The law was challenged by the ACLU of

Utah, assisted by ACLU-NC staff attorney Ed

Chen, the Multi-Cultural Legal Center and a

Utah law firm, on behalf of nine plaintiffs,

including the Mayor of Salt Lake City and

the Hispanic Chamber of Commerce.

The ACLU argued that the law is so

Non-Profit

Organization

USS Postage

PAID

Permit No. 4424

San Francisco, CA

vague that it will impede the government

officials' ability to communicate with or

design programs for non-English speaking

constituents. It could also prevent con-

stituents from petitioning the government.

"The Utah law is an especially harsh

version of the `Official English' laws and

would deny equal protection to limited and

non-English speakers," said Chen. "We are

pleased that the court recognized the key

constitutional issues at stake, and we are

hopeful that we will prevail in striking

down this draconian measure."

The ACLU-NC also filed an amicus brief

supporting a pre-ballot challenge to a simi-

lar initiative proposed in Oklahoma. @

Stevenson Honored at

Rights Day

ACLU-NC Board member Aundre Herron presented death penalty foe Bryan A

Stevenson with the Earl Warren Civil Liberties Award at the Bill of Rights Day

Celebration on December 10 in San Francisco. See page 3.

Rick ROCAMORA

Governor Sues School Districts

Instead of Fixing Schools

er civil rights groups sued the state

of California for failing to provide an

equal and adequate education to thou-

sands of California students, the state filed

a 147 page cross-complaint against 18

school districts. The schoolchildren

named in the original complaint attend

S even months after the ACLU and oth-

schools in the 18 districts sued by the.

state. None of the districts was a defen-

dant in the suit brought by the ACLU on

behalf of schoolchildren. The filing of the

cross-complaint comes on the heels of the

state's announcement that it had scheduled

the depositions of all of the 46 principals of

the schools that the plaintiffs attend over

the winter holiday school break.

"The State's decision to sue the dis-

tricts makes no sense," said ACLU of

Bt ome ye ites is dts ae leah aay eer to

Southern California Legal Director Mark

Rosenbaum, "because the judge has

already decided that `local districts are the

state's agents for local operation of the

common school system, and the state's

ultimate responsibility cannot be dele-

gated to any other public entity.' So the

state is really just suing itself."

Michael Jacobs, a cooperating attorney

from Morrison and Foerster, noted that the

state's action indicates that it has no effec-

tive or rational system of accountability

over public education. "They don't know

whether the facts alleged in our suit are

true and they don't have systems in place

to get districts to comply with adequate

educational standards - except by suing."

"The state has already admitted that it

has no idea whether students throughout

California have textbooks or not," added

ACLU-NC attorney Michelle Alexander.

"Nor does it have even a basic inventory of

the schools where unsafe, unsanitary, and

unhealthful conditions endanger our chil-

dren and make it impossible for them to

obtain a decent education. It appears that

the only means the state has to find out

what's going on at the local level is to wait

for poor children and students of color to

bring a lawsuit."

"By suing the districts, the state is

forcing those districts to make a choice

between spending limited funds on

books, teachers, and safe facilities on one

hand, and paying lawyers on the other,"

added Rosenbaum. "This behavior is con-

sistent with the state's decision to use

taxpayer funds to hire O'Melveny and

"Myers, one of the largest law firms in the

country, to represent the state. Neither

decision is in the best interest of school-

children or taxpayers."

"This suit totally belies Governor

Davis's public position that education is

his number one, two, and three priorities,"

added Alexander. "By forcing the districts

to defend themselves against a complaint

brought by the state, the state is forcing

the districts to waste money and delaying

the improvements for poor and minority

students that they so desperately need."

The ACLU suit, Williams v. State

Board of Education, originally filed in May

2000 in San Francisco Superior Court on

behalf of 100 students in 46 schools

around the state, charges that the state is

violating its constitutional duty to pro-

vide a free and equal public education to

all students. The students attend schools

that are in a state of disrepair, are infest-

ed with cockroaches and vermin, have

inadequate heating systems, filthy and

broken toilets and water fountains, out-

of-date textbooks and a lack of creden-

tialed teachers. and

Staff Attorney Chen Appointed Federal Magistrate Judge

FIRST ASIAN-AMERICAN FOR DISTRICT COURT IN S.F

CLU-NC staff attorney Edward M.

Aci has been appointed United

tates District Court Magistrate

Judge for the San Francisco Division.

Chen has worked at the ACLU-NC since

1985, litigating cases on issues ranging

from drug testing and affirmative action, to

"English Only" laws and the Fourth

Amendment. Chen is a nationally renown-

ed attorney on language rights, and has

litigated cases in Arizona, Utah, and

Alabama as well as in California. He is Co-

Director of the Language Rights Project,

which focuses on challenging language

and accent discrimination.

"Not only is Ed Chen an extraordinary

lawyer, with a deep commitment to justice

and equality, his creativity and dedication

have also strengthened our organization

significantly," said ACLU-NC Executive

Director Dorothy Ehrlich. "His unique con-

tributions in the areas of language rights

and racial justice have helped the ACLU

broaden our reach to fight discrimination

in these arenas.

"He will be missed at the ACLU not only

for his legal brilliance, but for his witty, col-

legial and generous spirit. His genuine

respect for all individuals and his overar-

ching sense of fairness will serve him well

on the bench," added Ehrlich.

Chen's appointment marks the first

time in its 150-year history, that the U.S.

District Court for the Northern District has

SOHOOHSSHSHOHSHHSHOSHHOHHSHSHHSHSHSHHHHSHHSHHSHSHHHHSHSHHHOHHHHOHHHHHHEHHOHSE8SEEO

Ed Chen

selected an Asian American to serve on the

bench. "One reason I was interested in the

job is that I am aware that there has never

been an Asian American on the court. |

think it is important that this court reflect

the community it serves. It is one of the

reasons | applied for the job.," said Chen .

"It's going to be hard, however, leaving a job

I love so much. I've had such a rare oppor-

tunity to work on interesting cutting edge

cases, to work with an incredibly talented

and dedicated staff, volunteers and ACLU

members, and to help forge coalitions and

alliances with other public interest and

ent Mes News Updates are atts a Click Away!

CMa ER UG

for new press releases, grassroots action alerts, opinion

pieces, legal briefs in key ACLU cases, and more!

Thanks to our Volunteers |

Veteran volunteers Molly Stolmack, who updates ACLU membership records in the

Development Department, and Joe Lewbin, who monitors the newspapers for the

Public Information Department, were two of the volunteers who were thanked for their

commitment to the ACLU at a special luncheon in their honor. -

he dozens of volunteers who staff

[Nt ACLU-NC Complaint Desk, mon-

itor newspapers, mail fundraising

letters and staff tables and events, were

honored at a special luncheon on

November 28 at the ACLU-NC office.

ACLU-NC Board Chair Margaret

Russell thanked the volunteers for their

"dedication, energy and commitment," and

noted that many of the volunteers had a

loner terure at the ACLU than the pre-

sem `t .f.1.cent Board.

ACLU-NC Executive Director Dorothy

Ehrlich said that she was "especially grate-

ful to the volunteers who contribute one or .

more day days per week - over a long peri-

od of time. Your efforts have helped the

ACLU become a strong organization and

have furthered the cause of civil liberties,"

she said. Ehrlich presented each volun-

teer with an ACLU pen, a Statue of Liberty

bookmark, and a certificate of apprecia-

tion, that proclaimed November 28, 2000

"ACLU Volunteers Day."

The lunch was organized by a team

from several ACLU-NC Departments whose

work depends on the support of volunteers:

Mila De Guzman and Cheryl Artuz, from

Administration, Melissa Schwartz from

Public Information and Field, and Beth

Feinberg from Legal. Leticia Pavon and

Winona Reyes also assisted in transforming

the ACLU library into a festive party site,

complete with flowers anda cake.

community organizations across a wide

range of issues."

Dale Minami of Minami, Lew and

Tamaki, who worked with Chen on the suc-

cessful case to overturn the wartime con-

viction of Fred Korematsu for defying

Roosevelt's internment order, said, "Ed

Chen's appointment is of particular signifi-

cant to Asian Pacific Americans through-

out this country. He is the first Asian

Pacific American to serve as a magistrate

judge in the Northern District .of California

which historically has been the home of

the most famous (and infamous) Supreme

Court decisions affecting us as an ethnic

group: Korematsu v. U.S., upholding the

imprisonment of Japanese Americans dur-

ing World War II, Yick Wo v. Hopkins, strik-

ing down discriminatory laundry

ordinances in San Francisco, Law v.

Michols, mandating bilingual education

programs, and Wong v. Hampton, striking

down federal civil service rules excluding

non-citizens from employment.

"Ed's appointment is a dramatic sym- -

bol of advancement for our community in

the legal profession. Seeing a progressive

Asian Pacific American in a visible public

position is a wonderful encouragement to

all of us." Minami said.

Chen served on the legal teams that

challenged Proposition 209, the 1996 bal-

lot measure that eliminated affirmative

227, the measure passed in 1998 that

severely restricted bilingual education in

California's schools. Chen also authored

the ACLU brief to the United States

Supreme Court in Croson v. City of

Fichmond, in defense of that city's minori-

ty contracting program. He is currently

challenging Alabama's "English only" law

in a case before the U.S. Supreme Court,

Sandoval v. Alabama.

Maria Blanco, Regional Counsel at the

Mexican American Legal Defense and

Education Fund and Co-Chair of the

Coalition for Civil Rights, said, "We have

worked together on many issues over the

years - from language rights, to health

access for the poor, to equal opportunity in

education for all of California's children.

- In all of this work, Ed Chen has shown that

his knowledge of the law is superb, his

leadership on civil liberties issues is out-

standing and his sense of fairness prevails

over all."

Chen is a graduate of U.C. Berkeley's

Boalt Hall Law School and former law

clerk to District Court Judge Charles

Renfrew and Court of Appeals Judge

James R. Browning. He was honored by

the National Japanese American

Historical Association for his work on the

Korematsu. case and by the Asian

American Bar Association with its Joe

Morozumi Award for Exceptional Legal

action in state programs, and Proposition | Advocacy.

(c)0CCSCSHSHSHOSHEHTHOHHHEHEHEHTHHSHOSHSHSHTHHTHEHSSHSHSHEEH8HEHSEHESEHE88E888EH88H8EHESEEHSEe

ACLU-NC Board Elections

he membership of the ACLU-NC has

Mee the following people to serve

on the Board of Directors [an aster-

isk (*) denotes an incumbent]: The new

Board members are *Donna Brorby, *Rini

Chakraborty, *Quinn Delaney, *Martha

Jimenez, Jenny Kern, *Steven L. Mayer,

*Margaret Russell, *David Salniker,

*Frances Strauss and *Jon Streeter. Their

three-year terms will begin in January 2001.

In addition, Judith Belk has been

appointed to fill a vacancy on the Board.

Belk has over twenty years of public affairs

experience in both the public and private

sectors. Most recently, Belk served as Vice

President of Global Public Affairs for Levi

Strauss and Co, where she managed a profes-

sional team based throughout the U.S.,

Asia and Europe working on issues includ-

ing diversity efforts, human rights, labor.

conditions in manufacturing facilities,

environmental programs, and responsible

marketing practices. She also had report-

ing responsibility for the company's corpo-

rate communications and governmental

affairs units, She has also held several

management positions in local govern-

ment including Director of Public Affairs

for the Association of Bay Area

Governments (ABAG), and Community

| rvint) NEws = January-FesRUARY 2001 = PAGE 2-

Relations Officer for the City of Sunnyvale,

California, located in Silicon Valley.

Belk has been honored for her work by

the League of California Cities, the

International City Management Association

(ICMA), International Association of

Business Communicators (IABC), Diablo

Magazine, KGO-TV and the Rotary

Foundation. In 1999, Cal State Hayward,

where she received her Masters Degree,

named her as "Alumnus of the Year" award

for outstanding professional and commu-

nity leadership.

ESTES ELECTED TO NATIONAL ACLU

: EXEC BoarRD

ACLU-NC Board member and former

Board Chair Milton Estes has been elect-

ed to the Executive Committee of the

National ACLU Board of Directors. This is

a pivotal position this year, as the National

Board will elect the successor to Executive

Director Ira Glasser, who is retiring after

23 years of leading the organiation (see

article page 4).

Former ACLU-NC Board member

Marina Hsieh, who resigned from the affil-

iate Board when she moved to Maryland

two years ago, has also been elected to the

Executive Committee. Hl

Crowd at Bill of Rights Day Celebration Lauds

Stevenson's "Heroic Efforts" Against Death Penalty

6cent ve seen valleys of hopelessness

filled with people. The death penal-

ty is the ultimate expression of

hopelessness. Hope is an orientation of

the spirit. That's why we who believe in

freedom cannot rest - we have to keep on

Patricia Wells Solarzano and Agustin Lira linked civil rights

struggles from Alabama to Delano in song.

fighting." With these soaring words, aboli-

tionist Bryan A. Stevenson, the recipient of

the 2000 Earl Warren Civil Liberties Award,

brought the Bill of Rights Day Celebration

crowd to its feet.

The December 10 Celebration event

drew more than 500

ACLU supporters to the

Argent Hotel in San

Francisco to honor

Stevenson and Oak-

land activist Grover Dye

[see below], hear the

exhilarating music of

Agustin Lira and

Patricia Wells Solar-

zano, and to hear ACLU-

NC Executive Director

Dorothy Ehrlich speak

2to the challenges and

2 accomplish- ments of

Stevenson, a

death penalty attor-

ney in Alabama and

Activist Dye Honored

with Hanzel Award

ctogenarian Grover C. Dye has been

an activist for most of his adult life.

From working with Malcolm X in

the 1960's to organizing against "Driving

While Black" practices in the Oakland

Police Department this year - his com-

mitment to social justice has defined his

life as a community organizer. He is a dri-

ving force behind the ACLU-NC Paul

Robeson Chapter, based in Oakland.

Dye's activism began during the early

civil rights movement in Washington, D.C.

where he organized African American ten-

ants around issues of housing discrimina-

tion and landlord exploitation. This local

people-to-people work in the shadow of the

White House gave him-valuable lessons on

how grassroots organizing can impact

national policy.

Dye brought those experiences with

him when he moved to Oakland thirty

years ago. He joined the ACLU-NC dur-

ing the 1988 Presidential Campaign

after George Bush accused Michael

Dukakis of being a "card-carrying" mem-

ber of the ACLU.

When Dye first joined the ACLU-NC

Chapter in Oakland, it was apparent to the

seasoned organizer that the chapter

lacked diversity in a city where diversity

thrives. In 1994, there was just one African

ACLU-NC Board Chair presented Grover Dye with the Hanzel Award for his activism.

American on a board of sixteen. In an effort

to bring about more diversity, Dye worked

with other members to recruit activists of

color from the community.

"We really needed to involve the com-

munity more in what we were trying to do,"

Dye explained, "Today, our Board is more

reflective of the demographics of our city.

Dye is exemplary at forging coalitions

to reach common goals. He was a leader in

a successful joint effort by People United

for a Better Oakland (PUEBLO) and the

ACLU to strengthen the Citizen Police

Review Board and police accountability.

He also helped to protect free expression

in the Oakland Public Library, insuring

that the library rescind its disciplinary

action against a lesbian employee for

refusing to take down a gay pride display.

"Many people view the ACLU as only a

legal organization. We wanted to change

that outlook in this community and I think

we've helped make a difference," says Dye.

The Lola Hanzel Courageous Advocacy

Award, created to recognize and thank vol-

unteers who have provided strength, dedi-

cation and leadership to the ACLU-NC by

their exemplary efforts, is named for Lola

Hanzel who served as a volunteer at the

ACLU-NC for more than a decade before

her death in 1980. @

Rick ROCAMORA

founder of the Equal

Justice Institute, was

introduced by ACLU-NC

Board member Aundre

Herron as a "champion

of the voiceless."

"The struggle to end

the death penalty is -

like the battle to end

slavery and the fight:

against apartheid - the

battle for the soul of the

nation," said Herron, and

Stevenson "is one of this

country's most eloquent

and learned advocates."

Stevenson said that

he was especially proud

to receive an award

named for Chief Justice

Earl Warren, architect of

the Brown v. Board of

Education decision. "I

attended segregated

schools in the South," he

explained, and that decision is absolutely

essential to who | am today."

Stevenson is the Executive Director of

the Equal Justice Initiative (EJI) of

Alabama, challenging bias against the poor

and people of color in the criminal justice

system. In 1995, Stevenson won the presti-

gious MacArthur "genius" grant of $250,000

and devote the prize money to EJI to pro-

vide legal representation to capital defen-

dants and death row prisoners. "Alabama

has the largest death row per capita in the

South, and the thirds largest in the United

States. "The average length of a capital case

in Alabama is three and a half days; the

average length of the penalty phase is only

three hours," Stevenson explained. The EJ!

office, with only five lawyers, has a caseload

of 103 death row clients.

As Stevenson reeled off the grim statis-

tics in Alabama - there is no system of pub-

Bryan A. Stevenson, "The death penalty is the ultimate

expression of hopelessness."

Rick ROCAMORA

lic defenders, there is an initiative to try 8

year-old children in adult courts, and in

November, 47% of the voters opposed ini-

tiative to lift the ban on interracial mar-

riages - he also shared stories of hope from

a despairing condemned client who sat on

Death Row as his mother died, to an

African American women guard at

Alabama's prison who hummed him a song

from the civil rights movement, to an

elderly Black woman who overcame her

fear of a snarling Sheriff's dog to enter a

courtroom to witness a trial on behalf of

her community.

"In order to keep on fighting,"

Stevenson said, "we have to be willing to

believe in things we haven't yet seen.

And with your support, and the beautiful

spirit in this place, I am resolved to keep

on fighting."

Continued on page 6

Director Dorothy Ehrlich.

Korematsu Featured at

Annual Activists Conference

Fred Korematsu, center, and Eric Fournier (left), director of "Of Civil Wrongs and

Rights, The Fred Korematsu Story", were featured speakers at the Activists

Conference. They are pictured here with Katherine Korematsu (second from left),

ACLU-NC Board Chair Margaret Russell (second from right) and Executive

The Annual Activists Conference, held at the Marin Headlands on October 27-29,

drew ACLU members from throughout northern California to debate and discuss

current civil liberties issues ranging from educational equity to the death penalty.

Activists sharpened their organizing skills at workshops on Proposition 36 (Drug

Treatment) and Proposition 38 (School Vouchers), and examined the long-range

wmpact of ballot initiative campaigns on civil liberties. After hours of intense discus-

sion on grassroots organizing political strategy and legislative action, conference

attendees were treated to a lively performance by El Teatro Campesino.

SUSANA MILLMAN

EBRUARY 2001 = Pace 3

Paul Anderson

BY VALERIE SMALL NAVARRO

ACLU LEGISLATIVE ADVOCATE

overnor Gray Davis diluted, gutted,

G or vetoed almost every piece of civil

rights/civil liberties legislation dur-

ing this past year. Unfortunately, we fore-

see more of the same unless advocates

continue to expose Mr. Davis' lack of com-

mitment to civil liberties - at the polls, in

the media, and with his contributors.

While his popularity rides the tide of

California's booming economy, Governor

Davis, who is already being touted as a

potential Democratic candidate for the

Presidency, has abandoned one of the cen-

tral responsibilities of his position: ensur-

ing fair and equal treatment of all people

in our society.

A brief examination of his record this -

past year underscores his lack of concern

for civil rights and civil liberties:

The Governor vetoed a narrowly tai-

lored bill that required school districts to

report their suspension and expulsion data

by gender, age, and race, SB 444 (Alarcon-

D-Van Nuys). Thus, we have no record of

whether a disproportionate number of

African American and Latino students are

being harshly punished in the public

schools. In addition, the Governor vetoed

a measure that would have required the

gathering of data on public contracting to

women and minority businesses to deter-

mine whether our anti-discrimination laws

are being followed by the state, SB 2047

(Polanco-D-Los Angeles). How can a

democratic society guarantee that all peo-

ple are being treated fairly if we do not

have the information about how people are

being treated?

Unwilling to cross his friends in law

enforcement, the Governor gutted the

racial profiling traffic stop data collection

measure (aka the Driving While Black or

Brown bill) and instead championed a bill

that reiterates current law that racial pro-

filing is unlawful. The new measure, SB

1102 (Murray-D-Los Angeles), also pro-

Legislative Review and

Preview : 2000-200!

IMPLEMENTING THE GOVERNOR'S Myopic VISION

vides racial profiling training to the police;

in addition, the Governor promised to pro-

vide $7 million in this year's budget for law

enforcement agencies that want to collect

data voluntarily.

Furthermore, the Governor vetoed for

the second time the media access to pris-

oners bill, AB 2101 (Migden-D-San

Francisco), despite its having been

amended to address many of the concerns -

raised in his first veto message.

Davis's bill to improve the availability

of Advanced Placement (AP) courses in

high schools was significantly strength-

ened at the urging of the ACLU to alleviate

various inequities in the original proposal:

numerous programmatic changes were

incorporated, the number of schools that

can apply for new grants was increased,

and additional funds for schools were

obtained. Nevertheless, schools are eligi-

ble for only the same paltry $30,000 annu-

ally for four years regardless of whether

the school serves 600 or 3,000 students.

Governor Davis eviscerated many of

the substantive provisions of the domestic

partnership bill, AB 26 (Migden-D):

the law now provides that the Secretary of |

State must prepare forms for the registra-

tion and termination of domestic partner-

ships - with no rights or responsibilities

attached to the status (other than requir-

ing hospitals to allow domestic partners to

visit each other), and it authorizes state

and local employers to offer health care

coverage and other benefits.

On the positive side, the Governor man-

aged to do the "right thing" when he had the

political coverage to do so (i.e., when there

was little or no opposition to the idea).

The most important civil liberties bill

signed this year, the DNA Innocence Bill,

SB 1342 (Burton-D-San Francisco and

Baugh-R-Huntington Beach) was

approved by the Governor only after long

and hard negotiations with both the

Attorney General and the District

Attorney's Association garnered their sup-

port. This new law permits people who

have been convicted to file a motion

requesting DNA testing to demonstrate

their innocence and requires law enforce-

ment agencies to retain biological material

in a condition suitable for DNA testing dur-

ing the time individuals are incarcerated.

The Governor also signed AB 2222

(Kuehl-D-Encino) that clarifies the defin-

ition of "disability" throughout various civil

rights statutes, and makes California. law

more protective of persons with disabili-

ties than the federal Americans with

Disabilities Act (ADA). In addition, it

defines the limits on employers when mak-

' ing medical inquires or requiring examina-

tions of applicants and employees.

The Governor signed ACLU-sponsored

legislation, AB 2484 (Romero-D-

Monterey Park) developed in response to

the Rampart scandal in the Los Angeles

Police Force. This measure provides the

California Attorney General statutory

authority to seek civil remedies against law

enforcement officials that engage in a pat-

tern and practice of depriving people of

their rights under the laws and the U.S.

and California Constitutions. There was

no opposition to this measure.

THROUGH THE LOOKING GLASS

DaRKLy - THE 2001-2002

LEGISLATIVE SESSION

The November election bestowed on the

Democrats an almost two-thirds majority

of each house of the California Legislature.

Fifty of the 80 members of the Assembly

and 26 of the 40 Senators are now

Democrats. Though the ACLU is non-parti-

san, we often find that Democrats are more

sympathetic to civil liberties concerns. Of

the 120 legislators there are 35 women, 27

Latinos, six African-Americans, three

Asian Americans, and four openly gay

members. Fortunately, strong civil liber-

tarians remain in important positions:

John Burton-D, President Pro Tem of the

Senate, John Vasconcellos-D, Chair of

Senate Education, Carole Migden-D, Chair

of Assembly Appropria-tions, and Darrell

Steinberg-D, Chair of Assembly Judiciary.

The new Speaker of the Assembly, Bob

Hertzberg-D, while a moderate on economic

issues, supports civil rights and civil liber-

ties and has championed reproductive

health rights bills.

The California-ization of the face of the

Legislature hopefully brings more people

committed to improving civil rights and civil

liberties in this state. Furthermore, Assem-

blyman Bill Campbell-R, the Republican

Leader of the Assembly, is sounding the

bipartisan clarion call for education, health

care, and quality of life issues.

The decennial process of redrawing

the electoral districts in the state will

absorb much of the Legislature's time. In

addition to fighting against bad bills, the

ACLU, collaborating with a panoply of usu-

al and not-so-usual bedfellows, will be

working on bills on several key issues:

- expanding the rights and responsibili-

_ties of domestic partners,

- the death penalty,

- privacy of personal financial records,

- obtaining information to determine

whether the constitutional right to

equal opportunity in education and pub-

lic contracting for women and people of

color is in fact being protected, and

- collection of racial profiling data by

those law enforcement agencies not

currently doing so voluntarily.

A LEAP FORWARD

Using technology developed by the ACLU

national office, we are looking forward

| to involving ACLU members and civil lib-

erties supporters in e-mailing and faxing

members of the California Legislature

on targeted issues-direct from the

ACLU website. Watch the pages of the

ACLU News in upcoming issues to see

how you can become part of this Cyber-

lobbying effort. #

Glasser to Retire from National ACLU

American Civil Liberties Union

Executive Director for almost a quar-

ter century, announced that he will

retire on July 1, 2001. In a memo to

ACLU staff and affiliates entitled,

"Passing the baton (without dropping

it)," Glasser explained the timing of his

decision, and his thoughts on the future

of the ACLU:

"T continue to feel undiminished pas-

sion for the issues that first brought and

then kept me here, and for the ACLU,

which so remarkably carries and institu-

tionalizes so many of the fundamental

values that move me," Glasser wrote. "I

will leave in July loving this organization,

what it stands for and what it has provid-

ed me: an opportunity that very few peo-

ple ever have to spend one's worklife

fulfilling a teenage dream."

Glasser, a non-lawyer with a graduate

degree in mathematics from Ohio State

University, first became involved with the

ACLU in 1967, serving as associate direc-

tor of the New York affiliate. After an 8-

| ra Glasser, Executive Director of the

year term as executive director of the

NYCLU, he was appointed as director of

the national ACLU in 1978.

As only the fifth executive director in

the organization's 80-year history, Glasser

took on leadership of the ACLU at a time

when the country was moving into a new

political era. The heady legal victories dat-

ing from the Warren Court years were expe-

rienced:as defeats by others, and by the

mid-1970's opponents began to organize

resistance to the rights movement and to

the ACLU.

In 1978, the ACLU's annual income was

$3.9 million and the organization was

$150,000 in debt. By 1999, income had

risen to $45 million, with a $31 million

endowment.

One of the many major accomplish-

ments attributed to Glasser has been the

expansion of ACLU support and organiza-

tion in state affiliate offices. Nearly half

the states in 1978 had no staffed ACLU

office. Glasser pushed to change the

rules for distribution of donor money,

allowing an influx of funds to states with

the lowest membership and tremendous

need for advocacy and education.

According to ACLU-NC Executive

Director Dorothy Ehrlich, "Ira's boundless

energy for fighting for civil liberties is

matched only by his zeal-and competence

at both fundraising and managing the

organization's finances.

"Tra built what is truly a national orga-

nization, with local resources to monitor

the effects and enforcement of court rul-

ings that we fight so hard to secure."

Glasser noted, "It was pretty clear from

the beginning, that if you win a Supreme

Court decision or you get a bill through

Congress everyone thinks you've won some-

thing. But if you can't enforce it in a little

town in Mississippi or Montana or

Oklahoma because there's no presence

there to even know that the violation has

taken place, there's no one to call, there's no

resources to do anything about it, you've

won a lot of lawyers' victories, but you

haven't really assured liberty" Glasser said.

Ehrlich, who is also Chair of the

Executive Directors Council, lauded -

Glasser's role in strengthening the nation-

al organization. "In addition to expanding

the litigation program, under Glasser's

guidance the ACLU created programs for

public education and lobbying at the

Congressional and state levels."

Though aptly described as a "First

Amendment absolutist," Glasser is equally

fierce about fighting discrimination based

on race, immigration status, gender and

sexual orientation and defending repro-

ductive rights. Over the years, he steered

the ACLU more substantively into those

areas with the establishment of new pro-

grams and projects. He was particularly

active in making racial justice a core con-

cern of the ACLU.

"We know that the struggle to adapt

18th century values of free speech and pri-

vacy to 21st-century conditions and tech-

nologies will be difficult,' Glasser said.

"We also know that the vision of liberty

and equality that the ACLU represents

today has, since the founding of our

nation, often been at war with the reality

Continued on page 6

PN 4{ Be aCe ce ae Cae

Sam Coie William Walker ane Dan es G lt to right i brought the hoiee siioik

with their skit about school vouchers.

By. SHAYNA GELENDER

ere else can youth from through-

out northern California come

together and share ideas, knowl-

edge, and passions about issues that affect

young people today? The ACLU-NC Youth

Advisory Committee's (YAC) annual Youth

Rights Conference is a genuine youth-run

youth space, with a youth focus. High

school students attended the conference

from locations as varied as rural Sonoma

County, Santa Cruz, and Oakland.

This year's fall conference, held at UC

Berkeley, featured workshops and speak-

ers on an array of topics: "Power of the

Student Press...WORD," "Breaking Down

the Walls: How can Christian Clubs and

Gay-Straight Alliances coexist?"

"`Voting...Does it Matter?" "Your Rights

with the Police," and "Are you Being

Targeted?" Spoken word and poetry artists

"Ten Poets Plus a Mic" performed during

the opening, and were very well received.

Members of the YAC wrote, directed, and

performed a comic skit that took a satirical

look at how the passage of Prop 38 would

affect families. YAC members also planned

and facilitated the workshops.

Helen Pak from Castro Valley High

served as a panelist in the "Breaking Down

the Walls" workshop. Pak converted to

Christianity when she was twelve years old,

and is currently the president of

SUSANA MILLMAN

Spectrum, Castro Valley High's gay-

straight alliance. Before she joined

Spectrum, Pak did some considerable

soul-searching and concluded that, "Who

am. | to say that's.a sin and that's not a

sin?" Pak knows how it feels to be stepped

on, she says, because she's an Asian girl

=

who speaks out about controversial

things. She doesn't want others to be dis-

-criminated against the way she has been.

"Tf you let evil happen, you're an accom-

plice," says Pak, and she doesn't want to

be an accomplice.

Pak's experiences with faith and ethnic

identity is representative of many confer-

ence participants. The diversity of stu-

dents in attendance was striking, and their

struggles shared. Dillon Alter, a senior

from Maria Currillo High in Santa Rosa

attended the GSA/Christian club workshop

Following the conference, students joined a spirited rally in opposition ip

Proposition 38, the voucher initiative.

and saw that her peers from across the

state were experiencing similar challenges

with respect to gay-straight alliances and

homophobia on campus. Alter learned that

there are effective ways to break tensions

between students and work toward com-

mon goals of tolerance and acceptance.

This groundbreaking workshop generated

enthusiastic networking and sharing of

ideas. Students listened to one another

and discussed opposing viewpoints, per-

sonal experiences, and ways they've dis-

covered to combat intolerance.

In his seven years of teaching, Merrit

College High English teacher Dennis

Guikema told the ACLU News that he's

never seen another arena where different

people are so effectively brought together

to share and discuss issues in a common

dialogue. He believes that the ACLU-NC

Youth Rights Conference is one of the most

important events he shares with his stu-

dents throughout the school year. "The

conferences," said Guikema, "honor what's

important and are vital for young people."

The Youth Advisory Committee is part

of the Howard A. Friedman First

Amendment Education Project of the

ACLU-NC. The Project is directed by

Nancy Otto.

Shayna Gelender, a freshman at Mills

College, is an intern with the Friedman

Project. Last year, Gelender was granted a

national ACLU Student Activist scholar-

ship for her civil liberties activism.

students, teachers and parents.

Name

we Have Rights Too

But What Are They?

he ACLU-NC has updated and published our popular brochure on students' rights. The 24-

page booklet in an easy to read question-and-answer format tackles issues ranging from cen-

sorship of school newspapers and dress codes to access to contraception and abortion,

discrimination, locker searches and the Pledge of Allegiance.

More than 150,000 copies of the earlier edition of this brochure have been distributed to high

school students around the state. The 2000 edition has up-to-date information that will be useful to

Free to high school students and teachers! Order your copy today. Also available on the website at www.aclunc.org

Please sendmeacopyof "We Have Rights Too-But What Are They?"

Address

State

City

School

Zip

Please send to: Public Information Department, ACLU-NC, 1663 Mission Street, Suite 460. San Francisco, CA 94103.

ACLU News = January-Fesruary 2001 = Pace 5-

Spanish Radio Targets Latino DWB Victims

Sim hasta el copete! - I've had it

up to here!" sighs the man in the

ad. "No es mi familia, - it's not

my family, or my job," he continues. "I've

been stopped by the police again. I was

interrogated as if 1 were a criminal. They

demanded my papers." :

"And your only crime is being Latino,"

his friend responds. "But there's some-

thing you can do when your rights are vio-

lated, you can call the ACLU! Call

1-877-PARALOS."

Tens of thousands of listeners to

Spanish-language radio stations through-

out northern California heard this ad

through the months of November and

December, when the ACLU-NC Racial

Justice Project launched an advertising

campaign targeting Latino drivers who feel

they have stopped by the police because of

their race.

The radio ads, which were aired on

Spanish-language radio stations in Fresno,

Modesto, San Jose, and Santa Rosa, pro-

moted the ACLU-NC DWB Spanish Hotline

- 1-877-PARALOS [1-877-727-2567]. The

ads were created for the ACLU-NC pro

bono by HeadQuarters, a San Francisco-

based-ad agency that specializes in mar-

keting to the Latino community.

The ads were unveiled at a November

15 press conference at the ACLU office. At

the press conference, packed by Spanish

language TV and other minority media out-

SOR

Luis Monterrosa, a Spanish teacher from San Francisco, called the ACLU-NC DWB hot-

line to report racial profiling by police. ACLU-NC Racial Justice Project Director

Michelle Alexander told the press that in California, a disproportionate number of

Latinos are victims of "Driving While Black or Brown."

lets, ACLU-NC Racial Justice Project

Director Michelle Alexander was joined by

| Maria Blanco, Regional Counsel of the

_ Mexican American Legal Defense and

| Education Fund, Renee Saucedo of La

Raza Centro Legal and several victims of

| racial profiling stops.

Luis Monterrosa,. a 26-year old Spanish

teacher, had called the ACLU after hearing

the hotline promoted on KPOO, a commu-

nity radio station that played the ad as a

Public Service Announcement. "I was

stopped five or six times in the course of a

year," Monterrosa told the press, "and.I

started getting nervous every time I saw a

police car."

Project Director Alexander explained

that more than 3,000 people have called

the ACLU hotline since it was initiated

two years ago to track the stories of |

"DWB," or Driving While Black or Brown.

Their experiences strengthened the

statewide campaign to pass legislation to

require data collection on race-based

police stops. In addition, many callers

have stepped forward to lobby in their

UNION MaIp

own communities for change: now,

although Governor Davis has blocked

state-mandated data collection, more

than 60 law enforcement agencies in the

state collect data voluntarily.

"However, the racial profiling debate

has been framed in black and white,"

Alexander explained. "Here in California

there can be no doubt that Latinos are the

victims of racial profiling as much as

African Americans. We.wanted to ensure

that that we reached the Spanish-speaking

victims of DWB as well."

The radio stations were selected to

reach Spanish-speaking drivers in areas

where racial profiling is a problem and

where there is no data collection by local

police agencies. For example, Fresno is

the only large city in California - and one

of very few of the largest 50 cities in the

United States - that does not have a data

collection program.

The national ACLU is also distributing

a Spanish-language TV ad asa PSA. The

TV ad aired on television stations in north-

ern California as part of the coverage of the

press conference, and also generated many

calls to the hotline. The television ad was

created by the Kinocraft, based in

Philadelphia.

The English language hotline is 1-877-

DWB-STOP. Three thousand people have

called the hotline to report their experi-

ences of racial profiling. Ml

SHOSOSHHSHSSHSHHSHSHSHSHHSHHSHSHSHSHSSHSHSHSHSHSHSHSHSHSHSHSHSHSHHSHSHSHSHHSHSHHSHHSHSHSHSHSHSHHSHHSHSHHSHSHHSHHSHSHSHSHSHSHSHSSHSHHHSHHSHHSHHSSHEHSSEHH8HHHHTHHTHHHTHHHEHH8E8HE8EH8SECSE8

VICTORY FOR OPEN GOVERNMENT

Oakland Council

Strengthens Citizens'

Review of Police

brought against four Oakland police

officers for abusing the rights of resi-

dents of West Oakland, the Oakland City

Council approved on November 28 a con-

sent decree requiring that matters of the

Citizens' Police Review Board (CPRB)

must be discussed by the Oakland City

Council in open session. The CPRB is an

appointed body of civilians who, along with

their staff, investigate

and adjudicate allega-

ust weeks after criminal charges were

declared by Judge Needham in his ruling |

last year - namely, that matters concerning

the powers and authority of the CPRB are

_ public policy matters that must be dis-

cussed by the Council in open session

rather than in closed door meetings.

"We believe this is a victory both for

effective civilian oversight of police as well

as the principle of open government,"

Schlosser added.

"The community has

been calling on the City

tions of police miscon-

Council to demonstrate

duct. The community has leadership and to seri-

The consent 0x00B0 ously address police

decree comes two been calling on the abuse and _ police

years after the lawsuit City Council to accountability," said

People United for a PUEBLO's Dawn

Better Oakland v.

Oakland was filed

against the City by

PUEBLO and_ the

ACLU-NC charging the

demonstrate

leadership and to

seriously address

police abuse and

Phillips. "By settling this

lawsuit in the midst of

the current public focus

on the Oakland Police

Department because of

City Council with vio- 0x00B0 the criminal charges

lating the Brown Act police brought against officers

and the Sunshine accountability. for terrorizing residents

Ordinance by dis- of West Oakland, we can

cussing CPRB matters

in closed session.

"This consent decree is a significant

victory for the citizens of Oakland - it guar-

antees greater openness of Citizens' Police

Review Board issues than even the Brown

Act and the Oakland Sunshine Ordinance

require," said ACLU-NC cooperating attor-

ney Monique Olivier of the Law Offices of

Amitai Schwartz. "Oakland can now move

forward with the business of implementing

key reforms to the Citizens' Police Review

Board and strengthening police review."

According to ACLU-NC Managing

Attorney Alan Schlosser, "This consent

decree reaffirms the legal principle

get to the real work of

taking steps towards policies that address

police accountability and community safe-

ty. The first step the City Council can take

is to immediately adopt the CPRB Task

Force consensus recommendations."

Those recommendations include that

the CPRB should have original jurisdiction

over all citizen complaints, increased

staffing and more training.

The decree will result in the final reso-

lution of both this case and a related case

brought by the City (City of Oakland v.

Public Ethics Commission), and provides

for a dismissal of all pending appeals from

the rulings of the Superior Court.

ACLU News = Re ae 2001 = Pace 6

Bill of Rights Day ...

Continued from page 3

"The ACLU has never been stronger or

- more effective than it is today, it grows

stronger with the collaboration we engage

in-with many of you-and because we are

part of a national organization with a clear

mission, said ACLU-NC Executive

Director Dorothy Ehrlich.

"But," she warned, "We have not gone

nearly as far as we hoped our aspirations

would take us, because we live ina society _ |

so willing to close its eyes to injustice."

She reminded the audience that nearly 2

million people are incarcerated in

America, that nearly one out of three young

African American men are currently |

locked up or on parole, and _ that

Proposition 21, passed by the voters in

March 2000, aims to incarcerate a whole

new generation of youth.

Ehrlich noted that the ACLU-NC "has

been at the forefront of developing a strat-

egy to fight against the injustice. Our cam-

paign to stop the most insidious

discrimination in the criminal justice sys-

tem - racial profiling, and our spirited

fight to defeat Proposition 21 and our law-

suit to overturn it when we lost at the polls,

have all created vehicles to being to

change public policy or at least expose

these injustices.

"This fight is made all the more chal-

lenging the given the near disappearance

of the presumption of innocence. That

principle, embodied in the Bill of Rights,

has become nearly fictional." Ehrlich not-

ed that the prosecution of Dr. Wen Ho Lee,

the battle over forfeiture laws, and the

convictions of innocent people swept up

in the Rampart and Oakland police scan-

dals show that "we now have a presump-

tion of guilt that has infected the entire

justice system."

Ehrlich said that "our hard fights, have

not been lonely battles, because they have

been imbued with the commitment and

generosity of all of you here today." She

also noted that in the past decade public

support for the death penalty in California

has declined by more than 20% and that

"we have the first opportunity in my life

time to actually think about ending the

death penalty."

Saba Moheel and Joey Wilhite, two of the

Student Advisory Committee of the ACLU-

NC Howard A. Friedman First Amendment

Education Project, gave a multi-media pre-

sentation about their journey this summer

"Corporate America: Unplugged."

Musicians Agustin Lira and Patricia

Solarzano-sang songs of the farmworkers'

struggle "Deportee" and "Ser Como el Aire

Libre" and brought the audience to its feet

once again, to join in singing a bilingual

version of "We Shall Overcome."

The event was organized by Field

Director Lisa Maldonado, with assistance

from Catrina Raollos. @

Glasser Retires ...

Continued from page 4

of repression and subjugation based on

race, gender, sexual orientation and reli-

gion.

"We therefore expect the struggle to

continue, but we look forward optimistical-

ly to that time, still distant but now so

much closer, when it will be easy to speak

freely, normal to be treated fairly and safe

to be different from the majority - every-

where in America," he added.

"The infrastructure to defend funda-

mental rights that Ira Glasser leaves us is

truly a legacy of liberty," said ACLU

President Nadine Strossen. "His qualities

as a Civil liberties visionary and an organi-

zational architect are what enabled him to

fulfill the ACLU's mission, and what will

allow the ACLU to continue its work into

the next century.

The process of identifying Glasser's

successor has begun. The search commit-

tee plans to have his replacement chosen

by April and on the job by June, in time to

overlap with Glasser prior to ACLU

Biennial Conference. "None of us can run

this race forever," Glasser writes. "All each

of us can do is take the baton when we have

the chance, and run with it as fast and as

far and as skillfully as possible, and then

pass it on without dropping it."

ACLU-NC Supports Man's Right to End Life Support

BY JENESSE MILLER

n October 10, the ACLU-NC filed an

(Ojinee brief in the California

Supreme Court supporting Robert

Wendland, a man on life-support, who had

previously asserted his desire not to be sus-

tained artificially by medical technology.

Robert suffered a catastrophic auto-

mobile accident in 19938, which left him

in a prolonged coma. He emerged from

the coma in 1995, but has remained in a

minimally conscious state, from which

he will not improve, unable to communi-

cate and sustained by artificial feeding

tubes. After three operations to surgi-

cally reinsert the tubes after Robert

pulled them out, his wife Rose Wendland

declined to give consent to a fourth

surgery. She stated that Robert told her

that he would never wish a prolonged

existence on medical technology if he

suffered a major accident.

Acting as the conservator of her hus-

band Robert, Rose Wendland is seeking to .

honor her husband's wishes in withdraw-

ing artificial nutrition and hydration.

Robert Wendland's mother and sister suc-

cessfully challenged the this action in the

trial court. The Court of Appeal reversed.

The case, Wendland v. Wendland, is now

before the California Supreme Court, and

presents the court with an opportunity for

a major constitutional decision on the

right todie. ~

"This case is about the constitutional

right to privacy," said ACLU-NC staff attor-

ney Margaret Crosby. "California's right to

privacy expressly protects two important

freedoms: autonomy in important deci-

sions and control of information. The right

to.make choices at the end of life has its

roots in both of these." `

The ACLU argues that California's

revised Probate Code directs conservators

to implement the wishes of incompetent

_ patients whenever possible.

"Robert's current inability to articulate

his treatment preferences does not negate

his constitutional right to privacy,"

explained Crosby. "The California

Legislature has made it possible for a con-

servator to carry out the private end-of-life

decisions of a loved one who is unable to

personally convey those wishes."

Although Robert Wendland's mother

and sister argued that Robert never offi-

cially recorded a desire to forgo life-sus-

taining treatment prior to the tragic

accident that left him unable to further

articulate his treatment preferences, the

ACLU-NC brief cites national surveys that

most people, although they think about

and discuss these issues, never put those

requests into writing. "Imposing such a

high evidentiary burden would impede

many genuine treatment desires, thereby

blocking a patient's constitutionally pro-

tected choice," said Crosby.

Robert's condition does not exactly mir-

ror that of others who have won the right to

terminate artificial life support: those in

persistent vegetative states and those who

are competent and can voice their decision.

However, the ACLU argues that he still has

the right to have his treatment wishes hon-

ored. Crosby pointed out that because mini-

mally conscious patients like Robert can

experience pain, suffering and feelings of

humiliation, they may have even more at

stake than those in vegetative states in hav-

ing their directives respected.

"The ACLU recognizes the state's inter-

est in enacting safeguards to ensure that

Continued on page 8

SOSSSHOSHSHSHHSHSHSHHSHSHSHSHSHSHHSHHSHSHHSHHSHSHHHSHHSHSOHSHHHSHHHSHSHSHSHHHSHHSHHSHEHHSHHHHHSHSHHHOSHHHSHSHHH8HHSSEHEH8HSE8HE8SSESEE

ACLU-NC Challenges Narcotics

Association's Move to Undermine

Privacy of Utilities Customers

BY JENESSE MILLER

66 C onstitutionally guaranteed pri-

vacy may not be sacrificed sim-

ply to make the work of

narcotics officers easier," charged ACLU-

NC staff attorney Margaret Crosby in

response to a petition from the California

Narcotics Association (CNOA) to the

Public Utilities Commission requesting

the Commission to weaken its rules, pro-

tecting the confidentiality of customer |

information.

Narcotics officers want access to utili-

ty records because they reveal personal

information, such as where customers live,

how many homes they have, and what time

of day they are home. The ACLU argued |

that the Commission's decade-old position |

appropriately protects constitutional pri-

vacy rights, and that the CNOA' petition

should be denied.

Crosby cited California Supreme Court |

cases that established that opening

accounts with companies that provide

basic financial, residential and communi-

cations services does not mean people

ACLU Heads Legal

Team to Defend

Victims in Berkeley

Trafficking Case

Project, based in New York and

Oakland, is representing the teenage

girls and others who are the victims of the

crimes with which Berkeley landlord

Lakireddy Balireddy and four of his relatives

have been charged by federal prosecutors.

Balireddy was indicted by the United

States Justice Department in February 2000

in the U.S. District Court for the Northern

District of California on nine counts, includ-

ing transportation of minors in foreign com-

merce for illegal sexual activity. Updated

charges were added at an October 24 hear-

ing in U.S. District Court in Oakland.

The investigation leading to the

indictment began in November 1999

when a minor girl died from carbon

monoxide poisoning in one of the apart-

ment units that- Balireddy owns in

Berkeley. Balireddy was arrested in

T's ACLU national Immigrants' Rights

January 2000.and is currently free on $10

million bail.

. At a December 9 candlelight vigil in

front of Balireddy's Pasand Restaurant in

Berkeley, IRP attorney Jayashri Srikantiah

said, "By coming here today the South

Asian community and larger Bay Area com-

munity reminds Balireddy that we will not

tolerate trafficking and sexual abuse.

"Tt is tragic that it took Chanti's death

to open our eyes to the physical and sexu-

al abuse that has been going on for over a

decade in our own backyard," Srikantiah

told scores of supporters who joined the

demonstration.

The ACLU Immigrants' Rights Project is

coordinating a team of lawyers to represent

the victims. IRP Director Lucas Guttentag

urged immigrants in need of legal advice

who are the victims of Balireddy's alleged

illegal actions or who are contact for ques-

tioning by the Immigration - and

Naturalization Service to contact the

~ Project at 510/625-2010 for advice or refer-

ral. Srikantiah noted that 45,000 to 50,000

women and children were trafficked into the

United States last year, according to a State

Department report.

In addition to legal representation,

several social service and advocacy orga-

nizations, including the South Asian

women's groups Narika and Maitri, are

assisting the victims. Hf

must relinquish the privacy of their per-

sonal information.

"The ACLU agrees with the state's

highest court that public utilities, banks

and credit card companies may not divulge

customer information to law enforcement

authorities unless a valid legal process

compels that disclosure," stated Crosby.

State courts have ruled that because

bank accounts, telephones, and credit

cards are necessary in order to partici-

pate in modern life, opening an account

of this kind is not truly a voluntary act.

"Thus, utilities customers reasonably

expect that their personal information

will be used solely for their accounts, and

that their privacy will be ensured,"

Crosby explained. :

Crosby argued that California's consti-

tutional protection of privacy is more pro-

tective than the U.S. Constitution, where |

the right of privacy is derived from the |

Fourth Amendment. The U.S. Supreme

Court has ruled that when customers

release personal information to banks and

telephone companies, they assume a risk

that these companies will disclose person-

al data to law enforcement. In California,

law enforcement officials need a warrant

to obtain this information.

"Heat and light are basic necessities

for millions of California residents," Crosby.

explained. "The California Supreme Court

has recognized that people do not relin-

quish privacy by opening accounts with

utilities, and it characterized the underly-

ing rationale of the federal decision as a

`fiction." California constitutional law gov-

erns the state's utilities, and mandates

that they protect the privacy of customer

information.

Jenesse Miller ts an intern with the ACLU

News.

To our membe's...

MEMBER #

AGLU-NG Privacy Policy

ties to describe complicated legal and political issues in ways not possible in

other media. They enable us to explain, in detail, the benefits and provisions of

the Constitution and the Bill of Rights, the complex ways our rights can be protected

in the modern world, and the costs of preserving those rights. We use the mail to

inform people of the importance of our legal work and to solicit funds that enable us to

continue our litigation, public education and legislative lobbying.

Sometimes, as part of our member recruitment program, we exchange or rent our

list of members' names to like-minded organizations and publications.

The ACLU never makes its list available to partisan political groups or those whose

programs are incompatible with the ACLU's mission. Whether by exchange or rental,

the lists are governed by strict privacy procedures, as recommended by the U.S.

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possesses our list and no organization will ever see the names of the members'on our

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While direct mail appeals - under strict privacy guidelines - form the basis of our

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members do not wish to receive solicitations from other groups and we gladly honor

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Ifyou do not wish to receive materials from other organizations, please complete this

coupon (or attach your mailing label) and send it to: ACLU-NC Membership

Department, 1663 Mission Street, Suite 460, San Francisco, CA 94103.

D irect mail appeals to our members and the general public provide opportuni-

(c) I prefer not to receive materials from other organizations. Please eliminate my

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CIty:

ACLU News = January-Fesrvary 2001 = Pace 7

North Pen Chapter Calls

for Review of Private

Defender Program

By Lisa MALDONADO

ACLU-NC FIELD DIRECTOR

oncerns about legal representation

Or low-income residents of San

Mateo County led the ACLU-NC

North Peninsula Chapter to call for an

evaluation of that county' Private

Defender Program. Chapter activists, who

have been working hard on criminal jus-

tice issues for the past few years, noticed

that many callers to the Chapter hotline

voiced complaints about the Program.

San Mateo County is the only one in the

state that does not have a public defender

program, and instead contracts directly

with the local bar association to match

local area lawyers with indigent clients

who have been accused of crimes in the

County. Chapter hotline callers com- |

plained that they were inadequately repre-

sented, had difficulties contacting their

lawyer and were often encouraged to plea

bargain instead of going to trial.

Last year, activists in the chapter con-

tacted the Private Defender Program in San

Mateo seeking any statistical information on |

the program's effectiveness. They were told

that the program didn't keep statistics. Bob

Notz and Dan Halpern, members of the

North Peninsula Chapter's Criminal Justice

Committee, launched their own informal

evaluation. The county-wide statistical

information they received from the District

Attorney's office revealed an exceptionally

high pleading rate.

"San Mateo County may be saving .

money at the expense of quality," said

ACLU North Peninsula Chapter Chair

Marc Fagel, a San Carlos attorney. "We

think it's important that the county eval-

uate the program in comparison to other

counties with a fully staffed office of the

Public Defender."

Last June, the chapter wrote to Rich

Gordon, President of the County Board of

- Supervisors, requesting that the Board

convene a citizen's committee to evaluate

the Private Defender Program. In Nov-

ember, Gordon appointed a committee and

charged it with instituting performance

criteria for the Program.

"Our purpose and guiding principle is

trying to improve the criminal justice system

in our county as much as we can," explained

Chapter activist Halpern. "Of course, since

were the ACLU, we are talking about

improvements regarding fairness, reduced

harshness, and preserving of rights, in par-

ticular, the right to competent representa-

_ tion. Ultimately we are looking to make

changes that insure public accountability."

"The North Peninsula Chapter's

efforts show that a local county can be

responsive to citizens' civil liberties con-

cerns if activists hold them accountable,"

said Field Committee Chair Michelle

Welsh. "We are so lucky to have such dedi-

cated and tenacious chapter activists in

this organization" -

"We know we can make a difference in

our community and we intend to keep at it,"

said Fagel. "It's hard work, and we're all

volunteers, but we thrive on being the voice

of the ACLU in our local community."

SPOCHHSSHSHSHSHSHOHHSHSHSHHSHHSHSHHSHSHSHHSHHHHHSHSSHHHHSHHHSHHSHHHHOHHHSSHOSSHSEEEEEO

Right to End Life...

Continued from page 7

end-of-life choices reflect authentic |

wishes of the patient. But the state may

not require an individual to endure a bio-

logical existence he has made clear he |

would find unbearable, simply to promote

an abstract interest in preserving life," |

said Crosby. "The key question we must -

ask ourselves is: is Robert Wendland a

participant in his treatment, or a prison-

er of technology?"

Crosby noted several safeguards that

have been enacted in California to protect

potentially vulnerable patients, including

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-Kensing-

ton) Chapter Meeting: (Usually first Wednesday)

For more information, time and address of meetings,

contact Diana Wellum at 510/841-2069.

Chico Chapter: If you are a member in the

Chico/Redding area, please contact Steven Post-Jeyes at

530-345-1449.

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, Gay, Bisexual and Transgender

Chapter For more information, contact Chloe Watts at

510/763-3910 or Jeff Mittman at 510/272-9380.

procedures for appointing and challeng- |

ing a conservator, who must set aside per- |

sonal beliefs, act as a true surrogate, seek |

medical advice, and involve several |

experts who play a role in any decision to -

terminate care. In Robert' Wendland's |

case, his treating physician, a hospital

ethics committee, and an ombudsman

unanimously supported Rose's decision

to honor her husband's wishes not to arti-

ficially prolong his existence.

"Essentially this case is about the fun-

damental right to privacy, and the right to

control one's own body - to make private

choices about how we will die, just as we

make private decisions about how we will

live," concluded Crosby. @

Marin County Chapter Meeting (Usually third

Monday) Meet at 7:30 p.m. at the Marin Senior

Coordinating ~ Council, "Whistlestop Wheels,"

Caboose Room, 930 Tamalpais Ave., San Rafael For

more information, contact Coleman Persily at

415/479-1731.

Mid-Peninsula Chapter Meeting: (Usually fourth

Thursday) Meet at 7:00 PM, at 460 South California

Avenue, Suite 11, Palo Alto. For more information, con-

tact Ken Russell at 650/493-2437.

Monterey County Chapter Meeting: (Usually

third Tuesday) Meet at 7:15 PM, Monterey Library. For

more information, contact Lisa Maldonado at 415/621-

2493.

North Peninsula (San Mateo area) Chapter

Meeting: (Usually third Monday) Meet at 7:30 PM, at

700 Laurel Street, Park Tower Apartments, top floor.

Check-out our web page at: http://members.

aol.com/mpenaclu. For more information, contact Marc

Fagel at 650/579-1789.

Monterey County

Chapter Receives Dick

Criley Activist Award

Monterey Chapter leaders receive the Dick Criley Activist Award. (From left to

right) Matt Friday, Bruce Carlson, Patty Fashing, Jan Penney, Kathy Stoner and

Mickey Welsh.

he Dick Criley Activist Award

[ova created this year to honor

the legacy of Dick Criley, a civil

liberties activist whose work spanned

3/4 of a century, and who died this year

at age 88 at his home in Carmel

Highlands. Criley, who was part of the

first Free Speech Movement at

Berkeley in the 1930's and went on to

found the Committee to Abolish

HUAGC, was a leader in the ACLU-NC ~

and a well-known activist for peace

and social justice.

"Dick Criley's activism was leg-

endary, said ACLU-NC Executive

Director Dorothy Ehrlich. "The only way

to imagine the ACLU without Dick Criley

is to believe--as he did--that we can carry

on the work he lived for."

The award will be presented annual-

ly to "an ACLU chapter that has demon-

strated a strong commitment to

grassroots activism and achieved extra-

ordinary success in organizing grass-

Criley's home Chapter, for its outstand-

MELISSA SCHWARTZ

roots work on important civil liberties

issues," She explained.

On the last day of the Activists

Conference on October 29, ACLU-NC

Chair Margaret Russell presented the

award to the Monterey County Chapter,

ing work. The Chapter received a wood-

en plaque, designed with an etching of

Criley, based on a drawing by his widow

Jan Penney, and a $500 honorarium.

"We humbly accept this award and

understand that it was in large part

because of Dick's extraordinary vision

and leadership that. we are able to move

forward as a group in the realization of

community activist goals that have

defined so much of our recent and long-

term board work," said Matt Friday, of

the Monterey Chapter Board.

The wooden plaque has brass plates

for the names of honored Chapters. The

first plate is now engraved with the words,

"Monterey County Chapter 2000." and

Paul Robeson Chapter Meeting (Oakland):

(Usually fourth Thursday) For more information contact

Stan Brackett at 510/832-1915.

Redwood (Humboldt County) Chapter

Meeting: (Usually every third Tuesday) Meet at Fiesta

Cate, 850 Crescent Way, Sunnybrae, Arcata at 7:00 PM.

For information on upcoming meeting dates and times,

please call 707/444-6595.

Sacramento Valley Chapter Meeting: For

more information, contact Lisa Maldonado at

415/621-2493.

San Francisco Chapter Meeting: (Third

Tuesday) Meet at 6:45 PM at the ACLU-NC Office,

1663 Mission Street, Suite #460, San Francisco.

Call the Chapter Hotline (979-6699) or

www.ACLUSE org for further details.

Santa Clara Valley Chapter Meeting:

(Usually first Tuesday) Meet at 7:00 PM at the Peace

Center, 48 S. 7th St. San Jose, CA. For further chap-

Via ree eas yal) Ce

ter information contact 408/293-2584 or acluscv@

hotmail.com.

Santa Cruz County Chapter Meeting: (Usually

third Monday) Meet at 7:15 PM. For more information,

call the hotline at 831/429-2262.

Sonoma County Chapter Meeting: (Usually third

Tuesday) Meet at 7:00 PM at the Peace and Justice

Center, 540 Pacific Avenue, Santa Rosa. Call David

Grabill at 707/528-6839 for more information.

Yolo County Chapter Meeting: (Usually third

Tuesday) Meet at 7:30 PM, 2505 5th Street #154,

Davis. For more information, call Natalie Wormeli at

530/756-1900 or Dick Livingston at 530/753-7255.

Chapters Reorganizing

If you are interested in reviving the Mt. Diablo

Chapter, please contact Field Director Lisa Maldonado

at 415/621-2493 ext. 346.