vol. 65, no. 1
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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
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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
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the lists are governed by strict privacy procedures, as recommended by the U.S.
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(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.