vol. 65, no. 4

WoLume LXV

Permit No. 4424

| San Francisco, CA

Juty-Aucust 200 iE

NEWSPAPER OF THE AMERICAN Civil LIBERTIES UNION OF ta me 4 Nels).

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PAID

Judge Rules Governor's "`No-Parole" Policy Unfair

ORDERS RELEASE OF ROSENKRANTZ

By STELLA RICHARDSON

MEDIA ASSOCIATE

n June 21, Los Angeles Superior

Court Judge Paul Gutman ruled

that Governor Gray Davis has a "no

parole policy" for convicted murderers

"regardless of any extenuating circum-

stances." The judge then ordered the

release of Robert Rosenkrantz, who was

convicted of second-degree murder in

1985, a victim of the Governor's unfair poli-

cy. The Board of Prison Terms had previ-

ously granted Rosenkrantz's release, but

the Governor overturned the decision in

October. [As the ACLU News went to press,

the Governor's request for a stay pending

appeal was granted by the California

Supreme Court; Rosenkrante therefore

remains in prison. ] :

The ACLU, concerned about the

Governor's untenable stance in the

Rosenkrantz case and others, challenged

the "no-parole" policy on behalf of three

religious organizations and the former

Chair of the Board of Prison Terms. "A `get

tough on criminals' stance may have politi-

cal appeal, but the Governor's blanket poli-

cy denies inmates the individualized

consideration that they are entitled to

under due process of law," explained

ACLU-NC Legal Director Alan Schlosser.

"The Governor may have the final word, but

he is not above the law - he cannot convert

all life sentences to `life without possibility

of parole' by administrative fiat."

Schlosser explained that in 1999 the

Board of Prison Terms held nearly 2,000

parole hearings for those serving life terms

for murder, and determined that only 16

were suitable for parole. In every case,

Governor Davis reversed or recommended

against parole. In 2000, the Board con-

`ducted a similar number of hearings, and

deemed only 19 lifers suitable for parole.

Governor Davis reversed or recommended

against parole in every instance last year

except one. Moreover, Schlosser cited a

1999 Los Angeles Times report on parole

where the Governor stated, "If you take

someone else's life, forget it."

"It is this court's conclusion that the

discretion invested in an executive the

exercise of which will affect the liberty

. rights of a citizen, cannot be considered to

be absolute and unfettered without

express language to that effect," wrote

Judge Gutman in a 26-page opinion. .

He noted that Davis's virtual no parole

policy violates prisoners' state and federal

due process rights. The judge also deter- -

mined that Rosenkrantz has been illegally

SCOHSSHOHHLHOSHSHHHSHHHSHOHHHHOHHHHHESHHHHSHSHOHHHOHHHHSHHHOHHHELCHOHECO8EO(R)

ACLU on the Pride March

confined beyond his previously set parole

date of May, 2000.

Rosenkrantz's parole bid has garnered

the support of members of the. state

Legislature, the judge who sentenced him,

and a member of the victim's family.

_ Three religious groups, represented by

the ACLU affiliates of Northern and

Southern California, and the law offices of

Latham and Watkins, argue that Rosenkrantz

is a victim of Governor Davis's no parole

policy that violates state and federal law.

The groups, the California Council of

Churches, the Board of Rabbis of Northern

California, and the California Province of

the Society of Jesus, were also joined in

their friend-of-the-court brief by Albert M.

Leddy, former Chairman of the California

Board of Prison Terms.

DESPAIR AND HOPELESSNESS

"We urge Governor Davis to reconsider his

policy of refusing to release inmates con-

victed of murder who have been recom-

mended for parole and are not considered

a danger to society," said Scott Anderson of

the California Council of Churches. "The

Governor's no parole policy takes away any

incentive for rehabilitation and reform and

~ only increases the prisoner's despair and

`hopelessness. The policy robs society of

those inmates who are rehabilitated,

Continued on page 6

Korematsu Honored

by National ACLU

ACLU-NC Board Chair Margaret Russell congratulated Fred Korematsu at the ACLU

Biennial in Miami, where he was honored with the national Medal of Liberty for

resistance to World War Il internment orders. Russell presented the award to

Korematsu, who was represented by the ACLU-NC in his challenge to the internment

order. For more on the award and the Biennial Conference, see page 3.

STELLA RICHARDSON

Saturday, September 220x00B0

TERRY CHANG

CLU-NC Program Assistant Cheryl Artuz (left) and staff attorney Bob Kim shared

a light moment as the 30-strong delegation set off on the Gay Pride Parade on

June 24.

The ACLU contingent, including staff, board members, Chapter activists, interns

and Friedman Project youth, marched down San Francisco's Market Street chanting,

`LGBTI - Civil Rights won't be denied!" and "Outta the closets, into the courts!".

"We had great posters with great messages this year!" said Deborah Glen-Rogers,

chair of the LGBTI Chapter of ACLU-NC. "We are trying to mobilize support for legis-

lation that will provide equal benefits for lesbian and gay families."

This year, Assemblymember Carol Migden is sponsoring AB 25, a bill that would

extend to registered domestic partners some basic legal rights that currently only

married heterosexual couples have under California law.

"This is an important step toward achieving full equality for lesbians and gay men

in California," explained staff attorney Kim. "So many privileges and rights attach

to marriage, including child custody and visitation, inheritance, employment bene-

Jits, or even the right to visit a spouse in the hospital. Although it is not marriage, this

legislation would secure many of the rights of married couples for the lesbian and

gay community."

"Judging from the roar of the crowd when the ACLU contingent passed by, the move

for civil unions has a lot of support from constituents!" added Glen-Rogers. @

Inside: Defending Reproductive Rights - page 4

Immigrant Trafficker Sentenced to Prison,

$2 Million in Fines

erkeley landlord Lakireddy Bali

B Reddy was sentenced on June 19 to

97 months in federal prison and

ordered to pay $2 million in restitution to

the girls he brought from India for sex and

cheap labor.

"This case should serve as wake-up call

to everyone throughout the United States

that trafficking in women and young girls is

a huge and growing problem in our country

and throughout the world," said Jayashri

Srikantiah, ACLU Immigrants Rights

Project staff attorney, who represents the

young victims.

For more than two ee Reddy

built a real estate and restaurant empire by

trafficking in human beings and abusing

young girls. His criminal enterprise was

located in Berkeley, a city known for its

concern for and activism on human rights.

"If that can happen here, it can happen

anywhere," said Srikantiah. "If it had not

been for the tragic death of one of these |

girls in November 1999, Reddy might still

be operating today."

Reddy was arrested in January 2000 after

one of the girls he exploited died of carbon

monoxide poisoning in one of his Berkeley

apartments. The ACLU is part of a team of

lawyers that represented two of the female

victims of Reddy's trafficking scheme.

In March of this year Reddy pled guilty

to conspiracy, transportation of minors for

illegal sexual activity, and submitting false

tax returns. His sentencing took place

June 19 before U.S. District Judge Sandra

B. Armstrong in Oakland.

After the sentencing hearing,

Srikantiah read a statement from the

two living victims, expressing their satis-

faction with the plea agreement.

Srikantiah also commented that "Reddy

is being punished with over eight years

Continued on page 8

ACLU Immigrants Rights Project staff attorney Jayashri Srikantiah ( center '), with women's rights advocate Nalini Shekar of Maitri

(left) and attorney Meera Trehan of Alischuler, Berzon, Nussbaum, Berzon and Rubin, at the iS conference following the Bali Les

sentencing in U.S. District Court in Oakland.

PUC Won't Give Consumer

Records to Narcotics Officers

he California .Public Utilities

|" Commission ~has unanimously

rejected the California Narcotics

Officers Association request for access to

utility company records without a war-

rant or subpoena.

The PUC's July 12 decision was hailed by

ACLU-NC staff attorney Margaret Crosby, who

had written to the Commission in opposition.

to the Narcotics Officers' petition to weaken

its rules protecting the confidentiality of

information about customer's use of energy.

"Constitutionally guaranteed privacy may

not be sacrificed simply to make the work of

narcotics officers easier,' charged Crosby.

Narcotics officers wanted access to

utility records because they reveal personal

information, suchas 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.

Crosby cited California Supreme Court

cases that established that opening

accounts with companies that provide basic

financial, residential and communications

services does not mean people must relin-

quish the privacy of their personal informa-

tion. "Utilities customers reasonably expect

that their personal information will be used

solely for their accounts, and that their pri-

vacy will be ensured," Crosby explained.

PUC Commissioner Jeff Brown

agreed. "Ifthe police want to look at your

utility bill, they should be able to get a

warrant. There is an issue of privacy

here. Do we really want narcotics offi-

cers, police officers, rummaging the

records of utilities to find out how much

gas we burned in our own homes or how

Continued on page 8

SOHOHOHHSHHOHHSHHSHSHSSHHHSHSHSHSHSHHSHSHSHSHSHHHSHSHSHSHSHHSHHSSHSHHSHSHHHOHSEHHHEHHCHHHHHHHHHSHEHHHHHHHHHHHEHHHHHHHHHHHHEHHHHHEHHHEHHHHHHHHHSHHH8SHHS8HHEEO

UC Regents Rescind Affirmative Action Ban

o the cheers of students, faculty and

|" civil rights advocates who packed the

hall, the U.C. Board of Regents voted

unanimously on May 16 to rescind the six-

year old resolutions, SP 1 and SP 2 that

banned affirmative action in admissions

and hiring at the University of California.

The vote capped years of organizing by |

civil rights groups and educators who had

mobilized support throughout the state in

opposition to the Regents 1995 ban that led

to a dramatic decrease in admissions of stu-

dents of color. Despite the long-term effort,

U.C. Regent William Bagley, who spear-

headed the repeal effort, said that the vote

was in doubt until the early hours of the

morning preceding the Board meeting in

San Francisco's Laurel Heights campus.

When word came that the consensus

that had been hammered together was in

danger of falling apart, (c) ACLU-NC

Executive Director Dorothy Ehrlich, ACLU-

SC Executive Director Ramona Ripston and

San Diego Executive Director Linda Hills

sent a letter urging the Regents to vote for

nothing short of a full repeal of SP 1.

"On behalf of the more than ACLU

50,000 members in California who share a

deep commitment to racial and social jus-

tice in our state, to our state's outstanding

university system and to all the children of

_our state who deserve the best education

we can offer them, we urge the Board of

Regents to rescind SP 1 arid to reject the

idea that the doors of opportunity should

be closed to students of color," the affiliate .

directors wrote. "By doing so, the Board

sends a message to African American,

Latino, Pilipino and Native American high

school students that the University of

California values them and their education

-and will do its part both to seek them out

and to provide them with all the tools they

need to succeed at the University.

and several UC graduates - who traveled

from Sacramento to attend the meeting at

San Francisco's Laurel Heights campus.

_ The Regents' resolution rescinded SP 1

and SP2 and reaffirmed that the UC facul-

ty should determine admissions policy,

"It is time for the Board to send a

clear message that the University

welcomes students of color."

"For the past five years, ever since the

passage of SP 1, the ACLU-has fought on

many fronts - before this Board, in our

communities, in the courts and in the

court of public opinion - to challenge the

unfair exclusion of students of color from

our University, which belongs to all the

people of this state.

"Along the way, we have seen too many

talented, brainy and committed students of

color become frustrated and dejected by

the message of rejection from the

University of California. This is not a time

for symbolic resolutions. It is time for the

Board to send a clear message that the

University welcomes students of color. It is

time to reject the flawed two-tiered admis-

sions policy and return the responsibility

for setting admissions criteria to the facul-

ty," the ACLU leaders stated.

Backing for. the repeal also came from

a delegation of a dozen state legislators -

many from the Black and Latino caucuses,

AAGLY News = Jury-Aucust 2001 = Pace 2

including whether or not to drop the two-

tiered admissions policy that required that

50-70 per cent of students be chosen solely

by grade point averages and test scores,

regardless of other qualities. In July, the

system-wide faculty committee charged

with evaluating the admissions procedure

proposed that the two-tier system be aban-

doned in favor of a more comprehensive

admissions policy. Student applicants

should be judged not only on a numeric

formula but on a broad basis that would

include socioeconomic background acade-

mic opportunity, social contributions and

- intellectual motivation, according to the

guidelines proposed by the Board of

Admissions and Relations with Schools.

UC Regent Bagley said that he hoped

the Regents vote would send a message to

the world that the University welcomes

minority students - and that the reputa-

tion of the University of California,

besmirched by SP1, would be restored.

ACLU-NC PLAYS KEY ROLE AT NATIONAL MEETING

Korematsu Honored with Medal Of Liberty

he ACLU-NC had a major presence |

at the national ACLU Biennial, held

in Miami, Florida from June 13 - 16.

The organization's highest honor, the

Roger Baldwin Medal of Liberty, was pre-

sented to Fred Korematsu for his courage

in defying the internment order issued by

President Roosevelt that incarcerated

120,000 Japanese Americans during World

War II. Korematsu, who shared the honor

with Gordon Hirabayashi, was represented

by the ACLU of Northern California all the

way up to the U.S. Supreme Court.

As one of the largest affiliates, the

ACLU-NC was represented by eight voting

delegates: Donna Brorby, Luz Buitrago,

Scott Burrell, Milton Estes, Ramon

Gomez, Susan Mizner, Margaret Russell,

David Salniker, William Walker, and

Michelle. Welsh. Estes and ACLU-NC

Board Vice-Chair Luz Buitrago also sit on

the national ACLU Board of Directors.

In addition, twelve affiliate staff mem-

bers, two Racial Justice Project Fellows,

and three Friedman Project interns

attended, and several led workshops and

STELLA RICHARDSON.

The ACLU bestowed the Medal of Liberty on Fred Korematsu (left) and Gordon

Hirabayashi for their courage in resisting the internment of Japanese Americans

during World War IT.

ee

. -

ACLU-NC Board members (left to right) William Walker, Michelle Welsh and Milton

STELLA RICHARDSON

Estes were part of the affiliate delegation, one of the largest at the Biennial.

plenary sessions. Executive Director

Dorothy Ehrlich, the outgoing chair of the

Executive Directors Council, chaired an

all-day session of affiliate executive

directors and spoke at the luncheon bid-

ding farewell to national Executive

Director Ira Glasser and welcoming the

new ACLU head, Anthony Romero. |

ACLU-NC Racial Justice Project

Director Michelle Alexander served on

the panels "Racial Profiling - Public

Education and Legislative Strategies"

and "Racial Profiling-Current Litigating

Strategies." Nancy Otto, Howard A. |

Friedman First Amendment Education

Project Director, spoke at the workshop

on "Student Expression - Safe Schools,"

Media Associate Stella Richardson was a

panelist for the session on "How to

Outreach to the Latino Community," and

Board members Estes and Buitrago led a

panel on building diverse affiliate boards.

More than 550 ACLU affiliate lay lead-

ers and staff members attended. the

national meeting. The Biennial confer-

ence is where ACLU leaders from all over

the country come together to debate and

decide on ACLU policy.

SCHOHHSSHSHSHSHSHOHHSHSHSHSHSHSHOHHSHSHHSHHSHOHHSHHHHEHHHHHHHHHHHHHHHHHHEHHHHHTHHHSHHHTHHHHHTHHHSHH8THHHTHHHTHHHHHHHHHEHHHEHHHHHHEH88H88HE8HH8HEH88E8H88SE8OE

ACLU Moves to Unseal Wen Ho Lee Court Files

n behalf of Chinese for Affirmative

Action, attorneys from the ACLU-

NC, the Asian Law Caucus and the

law firm of Steinhart and Falconer filed a

motion "to peel away the layers of govern-

ment subterfuge" and gain access to docu-

ments that remain under seal in the case of

United States of America v. Wen Ho Lee.

The motion was filed in U.S. District Court

in New Mexico on June 6.

"Although Dr. Lee was released last

year, many questions linger concerning the

manner in which federal employees in our

country, including Dr. Lee, are investigated

and prosecuted, said Diane Chin,

Executive Director of Chinese for

Affirmative Action. "The possibility that

Dr. Lee was the victim of selective prosecu-

_ tion is a matter of great concern to our

organization and to the American public,

which has a right to view documents that

could reveal whether the federal govern-

ment and the nation's tax-supported labo-

ratories are engaging in racial profiling.

CAA is requesting the immediate unsealing

of all documents, or portions of documents,

that do not threaten national security to

prevent any further violation of the public's

constitutional rights."

SOLITARY CONFINEMENT

On December 10, 1999, the government

charged Dr. Lee, a U.S. citizen born in

Taiwan, with 59 counts of mishandling

classified information. For over nine

months after he was taken into custody, Dr. |

Lee was kept in solitary confinement,

denied bail, and shackled with leg irons

and chains whenever he left his cell.

On August 11, 2000, the ACLU-NC

and the Asian Law Caucus filed briefs in

support of Dr. Lee's motion to seek gov-

ernment evidence of race-based _ selec- |

tive prosecution. On September 18, two |

ACLU Argues Tenants'

Speech Rights Case in

Supreme Court

n June 5, ACLU-NC Legal Director

Alan Schlosser argued before the

California Supreme Court on behalf

of tenants fighting for their free speech

rights in a large, privately owned housing

complex in San Francisco. The case,

Golden Gateway Center v. Golden Gateway

Tenants Association was argued before the

high court in Los Angeles.

The Golden Gateway Center, a large

commercial landlord with 1,254 units in

downtown San Francisco, has banned ten- |

ants from distributing newsletters and

leaflets to other tenants.

Schlosser, arguing as an amicus for the

Tenants Association, explained, "This case

is important because the California

Supreme Court is being called upon to

strike the proper balance between free

speech and private property ownership,

this time in the context of a large commer-

cial landlord's attempt to prohibit its resi-

dential tenants from distributing written

information about tenants' issues.

"It is especially significant because

large residential apartment complexes like

the Golden Gateway Center, are like small

urban neighborhoods that provide an espe-

cially effective forum for communication

between neighbors about issues of com-

mon concern," Schlosser added.

The Tenants Association is represent-.

ed by San Francisco Attorney Robert

deVries. Hf

DN a a ee e e

days before the U.S. Attorney's Office was

to have produced documents relating to

selective prosecution, the government

dropped all but one charge against Dr.

Lee. In an unprecedented move, the

Court apologized to Dr. Lee for the man-

ner in which his constitutional rights

were violated.

PUBLIC CONCERN

"The public has a First Amendment right to

review documents filed in court cases," said

ACLU-NC staff attorney Robert Kim. "This

right is especially important when the gov-

ernment is. a party in the case, and when

issues of wide public concern are involved.

Few cases in recent times have evoked as

much public concern as the federal govern-

ment's prosecution of Wen Ho Lee."

Victor Hwang, attorney with the

Asian Law Caucus, noted, "There is a long

history of anti-Asian sentiment in this

country. In May, the only Chinese-

American member of Congress,

Representative Wu, was denied entry toa

Department of Energy facility where he

was scheduled to deliver remarks about

the importance of Asian Pacific American

Heritage Month. He was stopped by

guards who questioned him about his

nationality. From Dr. Wen Ho Lee's case

ACLU-NC staff attorney Bob Kim, with Diane Chin, Executive Director of Chinese for

Affirmative Action, at a press conference announcing a suit seeking records of the gov:

ernment investigation of nuclear scientist Wen Ho Lee.

to the imprisonment of Japanese-

Americans in concentration camps dur-

ing World War II, political and racial

scapegoating of Asian Pacific Americans

has been a part of American life. It is for

this reason that the documents in Dr.

Lee's case must be unsealed."

"It is well-established that the First

Amendment cannot be overcome by

national security concerns unless the

Court conducts its own analysis of the

records and finds that there are bona fide

national security concerns at stake," said

Lisa Sitkin of Steinhart and Falconer.

"That did not happen here. Given the his-

tory of this case, the government's gener-

alized claims that the documents

threaten national security are dubious at

best. Just as the Court ordered Dr. Lee

released from solitary confinement when

the government finally admitted he was

no threat to national security, it should

also release the documents that will

allow us to know what really lay behind

his prosecution."

The motion to unseal the documents

was filed by cooperating attorney Hope

Eckert in Albuquerque, New Mexico. A

copy of the motion is available online at

www.aclunc.org. and

REPRODUCTIVE RIGHTS UNDER ATTACK

ACLU il mo) Protect errata Le) ols hc ae

Boyt aa for All Women

nly months into his term as President, George W. Bush has launched women workers and uninsured women access to contraception.

a first strike against contraception by removing a provision from The ACLU is fighting back on all fronts - in the courts, in the state

the federal budget that has guaranteed more than a million women - Legislature and County councils, and in Congress. ACLU-NC staff attorney

coverage for a full range of contraceptives and medical services. Margaret Crosby has already helped beat back two attempts to deny

At the same time, attempts are also being made in California to deny `women access to contraceptive health care.

Religious Employer Must Provide

Contraceptive Coverage for Employees

BY TERRY CHANG Charities' noncompliance with California's scription thasestves are a form of methods-so as not to discriminate

tating that Catholic Charities may not | important health policy." health care available only to women and against women-cannot be said to inhibit

Sie its own religious views on its Under the Act, Crosby explained, that exclusion of birth control drugs and religion, even if its parent entity is a reli-

employees" by refusing to provide them | "Catholic Charities remains free to per- devices is therefore a form of sex discrimi- | gious organization that believes the use of

with health insurance that covers contracep- _ suade its Catholic and non-Catholic nation in compensation. Moreover, the dis- contraceptives is a sin," the Court stated in

tion, the state Court of Appeal both gave a | employees not to buy or use contraception. crimination undermines women's control its 58-page opinion. "For us to conclude

boost to reproductive rights for hundreds of | Providing a comprehensive health plan over childbearing, which directly affects otherwise would mean that such a provider

workers and upheld the constitutionality ofa | does not interfere with Catholic Charities' | women's ability to participate equally in of secular services could impose its own

new state law, the Women's Contraception | ability to oppose birth control and to con- | the labor force." religious views on its employees by refusing

Equity Act. The July 2 ruling in the case of | vey its moral message to its adherents." The Court of Appeal agreed, finding the to provide them with health coverage that

Catholic Charities v. Superior Court of : -contraception law both neutral and is available to the employees of other enti-

Sacramento, echoed many of the arguments AVAILABLE ONLY TO WOMEN nondiscriminatory. "When an organization ties performing secular services."

cited in the ACLU-NC _ friend-of-the-court- The passage of the Contraceptive Equity elects to provide its employees with health

brief. Act creates a crucial foothold for ensuring or disability insurance coverage with pre- Terry Chang is a summer intern in the

Catholic Charities, a social service non- | gender equality in the workplace, added scription drug benefits, requiring the poli- Public Information Department and a

profit organization, sought an exemption | Crosby. "The EEOC recognized that pre- cies to cover prescription contraceptive senior at Harvard University.

from the Contraception Equity Act on the SCOHOHHSHHOHHSSHOHHHSHSHHHHHHHSHSHSHHHSHSHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHOHHHHHHOEOHOE

County Drops Plan to

Ban Contraceptive

ik national spotlight shone on the | Obstetricians and Gynecologists advocate

claim of religious liberty. This state law man-

dates that any employee health plan includ-

ing prescription drug benefits must also

contain coverage for contraception.

The ACLU's friend-of-the-court brief |

supported the law, opposing an injunction

by Catholic Charities.

While the Contraception Equity Act

exempts clergy officials and members of

religious orders from employment regula-

tion, it does not excuse institutions that

provide secular services, such as hospitals,

universities, and relief agencies.

Catholic Charities lawyers argued that

since contraception is considered a "grave-

sin" in Catholic theology, obeying the

Contraception Equity Act would place an

undue burden on its religious freedom.

unlikely setting of the Board of | that doctors provide advance prescriptions

Supervisors meeting inSan Bernardino | for them during routine gynecologic visits.

County on June 12, when the Board debated ACLU-NC staff attorney Margaret.

and voted on a plan to stop distributing the | Crosby testified at the Board meeting,

| "morning after pill' in County clinics that | explaining that the County's requested

_ receive federal funds. The issue drew nation- | waiver to exclude the "morning after pill"

| al attention: anti-choice activists pushed to | from its family planning services would

| stop the use of EC, a contraceptive that doc- | "directly contravene Congress's express

tors consider an important method of reduc- | purpose for enacting the Title X program:

ing unplanned pregnancies. Repro-ductive | providing comprehensive family planning

_rights activists - including the ACLU-argued | services to low-income families.

that a ban would deny poor, uninsured women "In 1981, the California Supreme Court

use of an effective contraceptive. held that the state Constitution bars govern-

_ In April, the Board voted to ban the con- | ment from requiring women to waive their

traceptive. The County sought a waiver from | right to reproductive choice as a condition of

`federal requirements, which the agency | receiving subsidized health care," Crosby

administering the federal family planning | explained. "While other birth control meth-

program denied. In June, the Board debated | ods remain available to San Bernardino

whether to appeal this decision to the | County women, the prohibition on EC would

Department of Health and Human Services- _ infringe upon fundamental privacy rights.

putting it squarely in the lap of an | EC is unique in allowing women to control

Administration that has exhibited its hostili- | their procreation; it is the one method that

ty to providing women with contraceptives. prevents pregnancy after intercourse.

EG, emergency-contraception pills; pre- "The California Constitution protects

vent pregnancy by blocking a fertilized egg | the County's low-income women from the

from implanting itself in the womb ifthe pills | elimination of EC from family planning clin-

are taken within 72 hours of unprotected sex. | ics," Crosby told the Board.

The pill is effective and widely used around The ACLU was joined by Planned Parent-

the country. The American College of | hood and the state Department of Health in

opposing the proposed ban. Jon Dunn of | -

e . Planned Parenthood said that the Board's vote:

= ight n Cc oO n gress to Re sto re is a `victory for women of San Bernardino

County. Unintentional pregnancies will be

e e avoided. Abortions will be reduced. And that

C O Nn t ra Cc e pt ive = q U i ty is the outcome we were seeking."

Anti-choice activists urged the Board to

; appeal to force a test of the Bush administra-

['= Bush administration is trying to | gram to cover FDA-approved prescription rights, two Members of Congress, Steny _ tion's position on clinic distribution of the

NOT EXEMPT FROM LABOR LAWS

ACLU-NC staff attorney Margaret Crosby

disputed this claim. "Catholic Charities is

the paradigm of an organization that is not

exempt from state labor policy," she

explained. "Its employees predominantly

do not share the Catholic faith. Its charita-

ble work is secular. It is a 501(c)(8) non-

profit organization, which receives

substantial government funds. Catholic

Charities serves people of all faiths-and

people who adhere to no faith-in

California's pluralistic population."

"The agency's religious rights do not

trump its employees' health," said Crosby.

"Neither free exercise nor establishment |.

clause principles support Catholic

V. JOHNSON

remove a provision from the federal contraceptives-and devices in the same Hoyer (D-MD) and Nita Lowey (D-NY) | contraceptive. "Given the Bush administra-

budget that allows more than a mil- manner that they cover prescription drugs. have proposed an amendment to the feder- | tion's hostility to providing contraceptives to

lion women covered by the Federal Approximately 1.2 million women rely on al budget that would restore the provision. | workers covered by the Federal Employee

Employee Health Benefits program to the federal health plan for their medical establishing contraceptive equity. Avote | Health Benefits program, this could have

receive a full range of contraceptive and care. Without insurance coverage, many of in the House on the Hoyer-Lowey amend- | been a very dangerous move," Crosby

medical services. During the past two these women will be forced to choose less ment will likely take place before Congress |. explained. "We are glad that we were able to

years, this provision has required insur- reliable methods of contraception, and leaves for its August recess. To read more | defeat this local ban - and to establish that

ance providers who participate in the face unintended pregnancies. -| about this battle, go to the national ACLU | uninsured women in California have a right

Federal Employee Health Benefits pro- To remedy this attack on reproductive website at www.aclu.org. to all methods of effective contraception."

ACLU Mews Peto Urairs bYy 7 = Pace4 |

By VALERIE SMALL NAVARRO

LEGISLATIVE ADVOCATE

of significant civil liberties. bills

through the Legislature this session.

Although two key bills - one banning the

execution of mentally retarded people and

one mandating data collection for racial

profiling - were stalled in Committee by a

combination of political maneuvering and

a lack of political will - several are now on

their way to the Governor's desk. See the

sidebar for ways you can voice your opinion

on legislation that affects the civil liberties

of everyone in California.

ik: ACLU has helped bring a number

DATA COLLECTION BY EMPLOYERS -

AND GOVERNMENT CONTRACTORS

AB 1309 (Goldberg-D, Los Angeles):

requires that large employers and con-

tractors file reports with the Department

of Fair Employment and Housing show-

ing the employee composition by gender

and ethnicity and describing recruit-

ment efforts. The bill would also provide

lic inspection.

- Co-sponsored by the ACLU, this legisla-

tion ensures that larger employers and gov-

ernmental contractors have open and trans-

parent hiring and recruitment practices.

Only rigorous enforcement of anti-dis-

crimination laws can ensure that all quali-

fied applicants have a fair chance at

employment. AB 1309 will help show

whether contractors benefited by govern-

ment contracts have fair recruitment prac-

tices open to all.

Crvit RIGHTS PROTECTIONS For

STATE WORKERS

SB 1196 (Romero-D, Monterey Park):

responds to a recent U.S. Supreme Court

decision cutting back on civil rights pro-

tections by explicitly waiving the state's

11th Amendment immunity from numer-

ous federal civil rights laws, including

the Americans with Disabilities Act

(ADA). This measure is also sponsored

by the ACLU.

SB 1196 restores the protections to

state workers that Congress meant to pro-

vide under five civil rights laws: Title VII of

the Civil Rights Act, the ADA, the Family

and Medical Leave Act, and the Fair Labor

Standards Act. This would ensure that the

State of California is held to the same stan-

dards as private actors, not to lesser stan-

dards. It would guarantee all Californians

the civil rights protections that they have

long enjoyed, and that Congress meant for

them to have.

PROHIBITING ENGLISH -ONLY

' WoRrKPLACE RULES

AB 800 (Wesson-D, Los Angeles): pro-

hibits English-Only workplace rules, unless

the employer can show a business necessity.

Language is intimately tied to national

origin. Rules prohibiting the use of lan-

guages other than English discriminate

and have an adverse impact on protected

groups. Forced suppression of one's native

language creates an oppressive and intimi-

dating workplace. Indeed, the imposition

of an English-only rule is a tool often used

to mask intentional discrimination on the

basis of national origin.

Allowing individuals to communicate

among themselves in their native lan-

guages is good for business. Even if

employees are bilingual, often they can

communicate more efficiently in their own

Despite widespread support by the

public for a ban on the execution of the

mentally retarded, the Democratic

leadership stalled this bill in Committee.

that all such reports be available for pub- .

language. It hurts morale to impose on

certain employees the burden of monitor-

ing their speech.

DATA COLLECTION ON SUSPENDED/

EXPELLED STUDENTS AND HOMEWORK/

TESTING REQUIRED FOR SUSPENDED

STUDENTS AWAITING EXPULSION

HEARINGS

SB 320 (Alarcon-D, Van Nuys): allows

data collection on the race, sex, and

learning disability of suspended and

expelled students, and requires that par-

ents be told that their children's academ-

ic needs must be met and be informed of

their options. This measure is co-spon-

sored by the ACLU.

Suspension and expulsion from school

should only be punishments of last resort.

Collecting suspension/expulsion data on

gender, age, race, and learning disability will

help determine whether inequalities exist in

school disciplinary systems statewide. This

information is crucial to developing strate-

gies to address the suspension/expulsion

and drop out rates for these pupil popula-

tions. Requiring that-parents be told of their

children's options to meet their academic

needs will help keep students from falling

farther behind while waiting to hear

whether they will be expelled.

DOMESTIC PARTNERSHIP

AB 25 (Migden-D, San Francisco): would

extend to registered domestic partners

about a dozen basic legal rights that cur-

rently only married heterosexual couples

have under California law, including the

~ ability to make medical decisions in the

hospital; inherit property without a will;

use sick leave benefits to care for a domes-

tic partner or a domestic partner's child;

leave a job to relocate with a domestic part-

ner without jeopardizing unemployment

benefits; and, providing domestic partners

with employer based health coverage with-

out additional taxation.

This bill will strengthen families and

give registered domestic partners crucial

tools to take care of each other in times of

crises and needs.

COMPASSIONATE RELEASE FOR

DYING PRISONERS

AB 675 (Migden-D, San Francisco) - Co-

sponsored by the ACLU, the bill stream-

lines and makes more accessible the com-

passionate release process for dying pris-

oners. Family members and dying

prisoners have had a hard time navigating

the current compassionate release

process. AB 675 would make the proce-

dure more accessible and protect prison-

ers' due process rights by requiring the

California Department of Corrections to

keep the prisoner and his or her family

apprised at each stage of consideration.

Additionally, AB 675 directs the

Department of Corrections to issue a

memo to staff explaining the recall of sen-

tence process. :

The release of terminally ill prisoners

who can no longer pose a threat to the pub-

lic safety saves state taxpayers hundreds of

thousands of dollars and provides these

women and men with appropriate end-of-

life medical and palliative care.

RIGHT TO FINANCIAL PRIVACY -

SB 773 (Speier-D, San Mateo) requires

that (1) consumers affirmatively consent

(opt in) to the sharing of their information

when it will be shared with companies that

are third parties (not affiliates of the com-

pany) and (2) consumers expressly state

that they do not want their information

shared with affiliates (opt out). This mea-

sure was drafted in response to Congress's

enactment of the Financial Services

Modernization Act, allowing the merger of |

banks, insurance companies, and broker-

age firms. After several hearings, SB773

passed the assembly Banking and Finance

Committee, and will be held in the

Assembly Judiciary Committee.

The ACLU insists that privacy of one's

financial information should be protected

by state law - and we are not alone in this.

In a 1998 Lou Harris Poll: 90% of the respon-

dents said that they are concerned about

threats to their privacy; 85% of the respon-

dents felt they had lost control over how

companies use their personal information;

and 75% said they have refused to give infor-

mation to a business for privacy reasons.

HIGHER EDUCATION FOR

UNDOCUMENTED IMMIGRANT

STUDENTS

| AB 540 (Firebaugh-D, Cudahy): Allows

undocumented students who meet certain

criteria (high school attendance in California

for three or more years, graduation from a

California high school) to pay in-state tuition.

Many of these immigrant students are

children of lawful permanent residents

/ who will eventually become permanent

residents or citizens. themselves - yet they

currently must pay out- of- state tuition

even though they may be long-time resi-

dents of the state. This bill ensures that

all qualified students, regardless of immi-

gration status, will have meaningful access

to our college and university systems.

Making higher education accessible and

affordable is an investment in the individu-

als and also California's future.

ACLU News = Jury-Aucust 2001 = Pace 5

Town Hall Meeting in

San Jose Draws Pastors, DWB Victims

San Jose residents sign up to tell their story at a Town Hall Meeting to protest the police

practice of "Driving While Black or Brown."

ACLU Opposes

Property Confiscation -

of the Homeless

BY CHERYL ARTUZ

PROGRAM ASSISTANT

na July 2 letter to the San Francisco

| Board of Supervisors, ACLU-NC Legal

Director Alan Schlosser argued in

favor of a proposed law requiring the City

to give 24-hour notice to homeless indi-

viduals before their property is removed

from public places. "The unlawful and

unreasonable seizure of the personal

property of homeless people by City offi-

cials is a recurrent and persistent prob-

lem in San Francisco," Schlosser wrote.

"Property has been confiscated and

destroyed, including life necessities, such

as medication, clothing and blankets,

and personally signifi-

ment services or applying for jobs,"

Schlosser noted.

"Just because some individuals are

leaving their belongings unattended for |

periods of time does not necessarily indi-

cate their intent to abandon it. In order to -

prevent erroneous deprivations of proper-

ty, the constitutional norm has been to

require that the owner be given notice and

an opportunity to prevent the taking prior

to the action. Requiring pre-confiscation |

notice in this case could prevent an unrea- __

sonable seizure of or a violation of due |

process by allowing people to remove their

property before it is taken." Schlosser told

the Board.

cant items such as

identification papers

and books."

The Neighborhood

Services and Parks

Committee met on July

3 to consider a proposal

by Board President

Tom Ammiano to

require the 24-hour

"This is not merely a matter

of meeting constitutional

requirements, but one of

common sense and

compassion."

notice. The Depart-

ments of Public Works and Recreation and

Park, during a typical "sweep" gather

neglected possessions, and store it for up to

90 days in designated storage locations

throughout the city. :

"Because of their homeless status,

many individuals are forced to leave

their property in public places for a vari-

ety of reasons, including seeking govern-

The legislation passed the Committee

and will go to the full Board in August.

"This is not merely a matter of meeting con-

stitutional requirements, but one of com-

mon sense and compassion," Schlosser

argued. "With a notice policy in place,

homeless individuals will be able to under-

take life's necessities without risking what

little they own."

_ one to his church, and noted the atten-

OLIVIA ARATZA

ACLU News = Juty-Aucust 2001 = Pace 6

BY OLIVIA ARAIZA

he Bible Way Christian Center in |

San Jose rippled with anticipation |

on June 28, as dozens of communi-

ty members stepped up to the micro-

phone to tell their story of racial

profiling at the hands of the police and

to organize a campaign for police

accountability.

More than 100 San Jose residents

came to the Town Hall Meeting on

"Driving While Black or Brown," spon-

sored by the ACLU-NC, the Racial

Justice Coalition, the Bible Way

Christian Center, Citizens Tribunal,

Bethany College, San Jose Office of

Human Relations, Students for Justice,

NAACP-San Jose, LULAC, and the

California Arab American Democratic

Caucus. Pastor Oscar Dace of the Bible

Way Christian Center welcomed every-

dance of seven San Jose-based Pastors.

"We are especially pleased that pas-

tors from many San Jose churches, who

had never participated in the DWB

Campaign before, attended the meeting,"

said Michael McBride, Co-Chair of the

Racial Justice Coalition and Vice

President of the San Jose NAACP. "I was

happy to see such a high turn-out

because it's important that they hear first

hand from community members just how

much racial profiling impacts peoples

lives. I hope this town hall served to bring

them into the Campaign as supporters."

The Town Hall Meeting was orga-

nized to discuss the San Jose Police

Department's data collection program,

to hear the victims of racial profiling

talk about their experiences, to learn |

about police complaint procedures, and |

to hammer out some ideas for stopping

the illegal practice of racial profiling by

law enforcement.

Michelle Alexander, Director of the |

ACLU-NC Racial Justice Project gave an |

overview of racial profiling in California |

and San Jose, stressing its links to the (c)

mass incarceration of people of color. |

Other speakers included Darryl

Williams, Executive Director of Citizens |

Tribunal, who spoke about demands for |

reform of the police accountability sys- |

tem in San Jose and AFL-CIO

Community Coordinator Rudy Gonzalez,

who discussed the impact of racial pro-

filing on the workers.

McBride, who was a victim of racial

profiling by the San Jose police when he

was a seminary student, spoke about the

urgent need to organize around police

issues. "Gaining mandatory data collec-

tion in California will depend on the

strength of our numbers when we call on

our state legislators and Governor to pass

a bill. That is why we are especially happy

to see new faith-based organizations join

this effort." ~

Despite recent figures from the

SJPD's data collection program showing

that people of color are disproportion-

ately stopped by police, racial profiling

remains a serious problem in San Jose.

The San Jose Town Hall was the first of a

series of meetings that will organize San

Jose residents in the Campaign Against

Racial Profiling. The Campaign will

address issues of police accountability

and the criminal justice system at the

municipal level, McBride explained.

Additional Town Hall Meetings are

planned throughout the summer. The

Racial Justice Coalition is working with

the ACLU-NC Paul Robeson Chapter, the

National Network for Immigrant Rights,

the Black Radical Congress and PUEBLO |

on a Speak Out in Josie de la Cruz Park

in Oakland and the Coalition for Justice

in Stockton is organizing a meeting at

Delta College. "Racial profiling is not

simply an issue of who gets stopped. The

Oakland Police Department recently

released data that showed that African

Americans were three times as likely to

be searched as whites," said Louise

Rothman Riemer of the ACLU-NC

Robeson Chapter. "Our communities

cannot sit by while police and elected

officials allow these discriminatory

practices."

For more information on Town Hall

Meetings in your area, or to join

the Racial Justice Coalition, please con-

tact Olivia Araiza at the ACLU-NC,

415/621-2493. @

Olivia Araiza is a Field Organizer with the

ACLU-NC Racial Justice Project.

Governor's "`No-Parole"' Policy...

Continued from page |

remorseful and repentant and who want to

return as productive members to their com-

munities. Mr. Rosenkrantz is suchaman."

Since his imprisonment, the 33-year-old

Rosenkrantz has become a computer expert, |

and has received several job offers. He com-

pleted therapy and has had a spotless record

at the state's medium-security prison in San

Luis Obispo.

HELD CAPTIVE

"Governor Davis' blanket policy of no parole

for all those who have committed murder is |

clearly unconstitutional and unlawful," said

Will Barnett Fitton of Latham and Watkins.

"The Governor's policy does not consider all

of the individual's characteristics and his

likelihood of reform and only looks at the

facts of the crime. In the Rosenkrantz case,

the Los Angeles Superior Court and the

Court of Appeal ruled that the offense was

not sufficient to deny him _ parole.

Rosenkrantz is being held captive by the

Governor's no parole policy."

"We are anxious to preserve the

integrity of the state parole system," said

Rabbi David Teitelbaum, of the Board of

Rabbis of Northern California. "The state

parole system is based on the principle of

human reconciliation and renewal. The

Governor's no parole policy violates this

very principle."

Albert Leddy, who served for nine

years aS a member, Commissioner and

then Chairman of the California Board of

Prison Terms from 1983-1992, noted,

"The Governor's policy of denying parole

to all prisoners who have committed mur-

der eliminates hope and motive for

improvement and creates increased ten-

sion within the state's prison walls. If an

inmate has no hope of being released,

then why should he respect the rules and

regulations that govern the prison? The

California parole system values redemp-

tion and rehabilitation, and Rosenkrantz

is clearly a model prisoner who deserves

to be released."

The Governor appealed the ruling on

behalf of Rosenkrantz to the California

Supreme Court. On July 11, the high court

issued a stay, denying Rosenkrantz's

release until the appeal is decided by the

Court of Appeal.

Lawyers Council

Fundraising Kick-Off

n June 6, 28 leaders of the ACLU-NC

Foundation's Lawyers Council gath-

ered in San Francisco for the kick-

off of the 2001 Lawyers Council

Fundraising Campaign and to hear Pamela

Samuelson, U.C. Berkeley Boalt Hall law

professor and Co-Director of the Berkeley

Center for Law and Technology.

Samuelson, a nationally-respected

expert on the challenges that new informa-

tion technologies pose for traditional laws,

and a former ACLU-NC board member, not-

ed that the courts are seeing more and

more cases in which traditional principles

of intellectual property and copyright law

are in tension with First Amendment prin-

ciples. Recent expansions of the copyright

law by Congress through the. Digital

Millennium Copyright Act, and recent

court decisions interpreting copyright law

in the context of on-line communications

can have a significant impact on the ability

of ordinary Internet users as well as

researchers, academicians, journalists,

and advocates to use on-line information

and to disseminate and discuss technologi-

cal developments.

Samuelson warned that the judiciary

needs to be on guard against expanding

`intellectual property rights at the expense

of the First Amendment-a concern that

has been the focus of recent ACLU-NC dis-

cussion as well.

The Lawyers Council is composed of

lawyers, law firms and legal scholars who

raise and contribute funds for the ACLU-

NC Foundation. The 2001 Lawyers

Council Campaign Co-Chairs are Dick

Grosboll of.Neyhart, Anderson, Freitas,

Flynn and Grosboll and Martin Kresse of

Curiale, Dellaverson, Hirshfeld, Kelly and

Kraemer.

Pamela Samuelson spoke at the Lawyers Council Campaign kick-off about the chal-

lenges of defending free speech in cyberspace.

STAN YOGI

Yoshiye Togasaki

BY STAN YOGI

DIRECTOR OF PLANNED GIVING

s a Japanese American woman

physician working during a time

f intense discrimination against

Asians and women, long-time

ACLU member Dr. Yoshiye

Togasaki boldly crossed many

personal and_ professional

boundaries to stand up for her

rights. Togasaki, born in San

Francisco in 1904 to Japanese

immigrants, was a dedicated

public heath official in Contra

Costa County, a respected

community leader, and a tire-

less activist. At her death in

1999, she left a powerful lega-

cy as a pioneering profession-

al woman of color, and she

remembered the ACLU

Foundation of Northern

California with a generous

bequest in her Trust.

The fourth of nine chil-

dren, Togasaki developed a

sense of responsibility and - j

community service as a child.

Although trained as a lawyer

in Japan, Togasaki's father

initially worked in California as a ser-

vant and eventually started a success-

ful import-export business in San

Francisco. Her mother, a strong femi-

nist and leader. of the Women's

Christian Temperance Union in Japan,

helped Japanese immigrants adjust "

into American life. Togasaki recalled

that her childhood home was like a

' maternity ward for immigrant Japanese

mothers, and she traced her early expe-

riences caring for these women and

their newborns to her eventual career

in medicine.

Although Togasaki graduated among

the top three students in her class at UC

Berkeley, when she approached the

dean of the school of public health for a

medical school recommendation, he

refused. She went on to earn a medical

degree from Johns Hopkins. Early in her

career, she decided she would prefer

working in public health, preventing

people from getting sick, rather than

entering private practice and treating

them once they were ill. She completed

- aresidency in communicable diseases at

Los Angeles General Hospital in 1941.

Despite scoring among the top three on

her civil service exam, she was told

there were no jobs and was forced to

begin a private practice. Later that year,

Japanese forces bombed Pear! Harbor.

INTERNMENT AT MANZANAR

Like more than 120,000 other Japanese

' Americans, Togasaki was interned dur-

ing World War II. In less than two weeks,

she set up a medical facility at the

Manzanar camp, and she worked as a

physician at Manzanar and in the Tule

Lake camp. She battled with adminis-

trators and bureaucrats for equipment

and supplies and worked from 6 in the

morning until 10 at night for $19 a

month under desperate conditions.

In 1948, she was allowed to leave

Manzanar, and she decided to pursue a

residency in pediatrics. Yale, Columbia,

and the University of Wisconsin refused

her because they suspected her loyalty.

Only Bellevue' Hospital in New York

accepted her. After the war ended, she

volunteered for the European refugee

program under the United Nations

Yoshiye Togasaki

. Planned

Relief and Rehabilitation Administra-

tion and worked in South Italy as the

medical officer in charge of six refugee

camps. She returned to the U.S. to care

for her elderly father and a sister that

OURTESY OF DAVID T'OGASAKI

became mentally ill due to the intern-

ment, and she took a job with the

California State Health Department as

the Assistant Health Officer for Contra

Costa County.

DISCRIMINATION IN CONTRA COSTA

Despite her many accomplishments,

Togasaki still encountered discrimina-

tion. After "spending three months

searching for a house in Contra Costa

County, she worked with friends to per-

suade a realtor to sell her land in

Lafayette on which she had to have a

house constructed. Although she

worked for the County for 21 years, it

was not until three years before her

retirement in 1972 that she was promot-

ed to Acting Chief and Division Chief of

Preventive Medical Services.

During her 25 years of active retire-

ment, Togasaki served on the boards of

numerous organizations including the |

Association of Mentally Retarded,

Cerebral Palsy Association, Council on

Civic Unity, Japanese American Citizens

League, League of Women Voters, Meals

on Wheels, Mental Health Association,

Parenthood, Soroptimist

International, and the YWCA.

She was also active with the Mount

Diablo Chapter of the ACLU and was a

staunch supporter of reproductive

rights and racial equality. According to

her nephew David Togasaki, Dr.

Togasaki's commitment to racial equal-

ity had its genesis in her early experi-

ences of discrimination, and her

defense of reproductive freedom flowed

naturally from her work as a public

health official.

"Dr. Togasaki was an amazingly

strong and courageous woman," said

Executive Director Dorothy Ehrlich.

"All of us at the ACLU of Northern

California mourn her loss, and we are

deeply touched and humbled that she -

remembered the ACLU in her Trust. We

are honored to use her bequest to

defend the rights that meant so much

to her." #

Ifyou would like to leave a legacy to the

ACLU, please contact Stan Yogi at

415/621-2493 ext. 330 or by e-mail at syo-

gi@aclunc.org.

DXA ave eee Ulm Tey ae

~HOLD THE DATE!

Join the ACLU-NC

Grassroots Electronic

Lobbying

he ACLU-NC blasted into the

i century with a new elec-

tronic tool for grassroots lobby-

ists - the fax utility system, the first of

its kind in California. You can look up

your state legislators by zip code and

send a free fax to them on targeted civil

liberties issues.

"This is a fantastic tool for legisla-

tive action," said ACLU Legislative

Director Francisco Lobaco. "Legis-

lators respond to their constituents'

concerns. Knowing that a legislator

has received, for example, 50 letters

on a particular issue will make our

ability to influence the ultimate deci-

sion that much greater"

Using technology in defense of civil

liberties is not new for the ACLU of

Northern California. The Field

Department maintains a growing and

active e-mail list serve that notifies

ACLU members immediately when a leg-

islative measure needs their support.

Santa Clara Valley Chapter activist

Sam Freund has already used the ACLU

FAX utility to lobby the Legislature on a

racial profiling bill. "I'm always meaning

to write letters to my legislator," said

Freund, "but I can't always take the time

to sit down and find the address, stamps,

etc.. Now I just go to the ACLU website,

look up the action alert and personalize

my letter. It only takes a minute and it's

so user-friendly."

To join the ACLU of Northern

California's list serve, call Field

Director Lisa Maldonado at 415/621-

2493 ext. 346 or go to www.aclunc.org

and follow the prompts. @

LYN EL PRODUCTIONS

Ruby Dee and Ossie Davis

AMERICAN CliviL LIBERTIES UNION-NC

- Bill of Rights

Day Celebration

Immigrant Trafficker Sentenced...

Continued from page 2

SUNDAY, DECEMBER

Ks

SAN FRANCISCO

Saas

oe Davis and Ruby Dee

aes and Activists for Gal ee

For more information contact:

Field Director, nee Maldonado, 415-621-2493 ext 346 or errata trate ie

Consumer Records...

Continued from page 2

many kilowatts we've used? We should- |

n't just let anyone with a badge go snoop-

ing through these records."

Crosby noted 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,"

explained. "The California Supreme Court

has recognized that people.do not relinquish

privacy by opening accounts with utilities."

California constitutional law governs the

state's utilities, and mandates that they pro-

tect the privacy of customer information.

Crosby |

of prison time and substantial restitu-

tion. The sentence allows our clients to

continue the process of recovery from

their terrible ordeal."

The ACLU Immigrants Rights Project

has pressured the United States govern-

ment to aggressively enforce anti-traffick-

ing, labor and housing laws. Such vigilance

is necessary to protect vulnerable immi-

grants in order that they can seek help if

they are being exploited.

The ACLU was joined at the post-sen-

tencing press conference by a number of

South Asian women's organizations and

immigrants rights groups that had mobi-

lized to help the victims of Reddy's traf- |

ficking schemes.

"We have reached a milestone in this _

case," said Nalini Shekar of Maitri,a San |

Jose-based organization of South Asian

women focused on domestic violence. "We

need to realize the complete potential of

our South Asian community to be vigilant

and proactive and respond to the violation

of women and human rights."

"The fight against trafficking also

requires the involvement of immigrant

communities, and the ACLU looks forward

to working with grassroots groups that are

mobilizing against trafficking," noted

Srikantiah. "Unless swift, concrete and

comprehensive steps are taken, other girls

and women will continue to be victimized

by the same types of practices that were

revealed in this case."

According to the United States gov-

ernment, more than one million women

and children are trafficked each year

worldwide, 50,000 of them to the United

States. This number is on the rise, traf-

ficking in humans being the fastest grow-

ing criminal enterprise in the world.

Typically, those targeted are poor, young,

uneducated children and women.

The sentencing brings an end to the

case against Reddy. However, other

charges against members of his family are

pending. His brother, Jayaprakash

Lakireddy, and sister-in-law, Annapurna -

Lakireddy, have pled guilty to conspiracy

and will be sentenced this July. His sons,

Prasad and Vijay Lakireddy, have refused

plea bargains and their cases are continu-

ing in federal court.

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) August 15th meeting will be held at the

Yangtze River Restaurant at 1668 Shattuck Ave.,

Berkeley. For more information, time and address of

meetings, contact' Jim Hausken at jhausken@

redshift.com or 510/558-0377.

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 559/225-6223

(days).

Lesbian, Gay, Bisexual and Transgender

Chapter For more information, contact Chloe Watts

at 510/763-3910 or Jeff Mittman at 510/272:

9380.

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 infor-

mation, contact Coleman Persily at 415/479-1731.

Mid-Peninsula Chapter Meeting: (Usually fourth

Thursday) Meet at 7:30 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.

PX{a' ea re like ree ee

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

Cafe, 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.

Saw 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-ACLUSForg for further

details.

| Santa Clara Valley Chapter Meeting: (Usually

| first Tuesday) Starting in September, meet at 7:00 at

1051 Morse Street (at Newhall) San Jose, CA. For fur -

ther information contact Sam Freund at 408/919-6248

or xena@best.com.

Santa Cruz County Chapter Meeting: (Usually

third Thursday) Meet at 7:00 PM. For more information,

contact Zoe Sodja, 831/429-2262.

Sonoma County Chapter Meeting: (Usually

third Tuesday) Meet at 7:00 PM, The Peace and Justice

Center, where our monthly meetings are held, has

moved to 467 Sebastopol Avenue, Santa Rosa. Call

David Grabill at 707/528-6839 for more informa-

fion.

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 x 46.