vol. 65, no. 5

Woitume LXV

Protecting

By Dororuy M. Enr.icu

EXECUTIVE DIRECTOR

here are no graver threats to civil lib-

erties than those posed when we go

to war.

Even as we grieve for those whose lives

were cut short by the tragic events of

September 11, Congress' hasty approval of

anti-terrorism legislation indicates that

our nation is destined to repeat the mis-

takes of the past: abandoning the cher-

ished values enshrined in the Bill of Rights.

Even as we share the desire to protect

our families from violence, civil libertari-

ans have been presented with extraordi-

nary challenges. We must protect Arab

Americans, Muslims and South Asians from

hate crimes and racial profiling. And we

must balance the need for greater security

with the need for freedom.

The ACLU was bitterly disappointed

when, despite the efforts of allied organi-

zations and tens of thousands of support-

ers, we failed to prevent federal

anti-terrorism legislation from passing.

We were disappointed not because we

oppose reasonable efforts

to improve national secu-

rity, but because this leg-

islation fails to strike a

crucial balance between

safety and liberty.

This legislation is filled

with measures that expand

intelligence agencies' pow-

ers to wiretap, spy, infil-

trate, conduct covert

searches, and detain and

deport immigrants.

As Laura Murphy,

Director of the ACLU

Washington Office noted,

"This bill has simply

missed the mark of maxi-

mizing security and, at

the same time, minimiz-

ing any adverse effects

on America's freedoms.

"Most Americans do

not recognize that

Congress has just passed

a bill that gives the gov-

Continued on page 2

news

Fait 20051

Civil Liberties in this Time of

Jully Singh of the Sikh Student Association at an anti-war rally at U.C. Berkeley.

NEWSPAPER OF THE AMERICAN Civil LIBERTIES UNION OF NORTHERN CALIFORNIA

Non-Profit

Organization

US Postage

PAID

Permit No. 4424

San Francisco, CA

1centK ROCAMORA

SPOKSHSSOSHSHSHSHSHHSHSHSHSNHHHSHHSHSHSHSHHSHHOHSHSSHSSHSHSHHSHSHSHHSHSHSHHOHHHHSHSHOHHHHHSHSHSHSHSHSHHHSHHSHSHSHSHHSHSHHSHSHSHSHSHSHHHSSHSHSHHSHSHHHHSHSHSSHSHSHHHSHSHSHSHSHHHHHHSHEHSSHHHLE

He Dichs

aS

ICTIVISTS

29th Annual

Bill of Rights Day Celebration

Presenting Artists and Activists,

Ossie Davis and Ruby Dee

with the Earl Warren Civil Liberties Award

Performance by The San Francisco Mime Troupe

The Argent Hotel

90 Third Street, San Francisco

Admission:

$20 per person

$10 students, low income

$250 table sponsor

2 PM Reception

3 PM Program

BSC Cr ow hee Clete Re at ete) oy

Continued from page |

ernment expanded power to invade our

privacy, imprison people without due

process and punish dissent," Murphy

added.

This is consistent with the least glori-

ous moments of our history. Immigrants,

minorities and dissenters have been iso-

lated and punished during numerous

crises: from mass deportations during the

Palmer raids of the 1920's to the intern-

ment of Japanese Americans during

World War II, or the bombing of the

Oklahoma City federal building, when

Arab Americans were detained and

searched. At times of conflict, basic

rights and liberties have crumbled before

the demand that the government may use

any means necessary to make us feel safe.

In some ways, the climate is different

today. Elected officials, including the

President of the United States, have spo-

ken out consistently against scapegoat-

ing. Powerful voices condemning such

intolerance was non-existent in the past:

political leaders were often at the fore-

front of efforts to deprive immigrants

and other minorities of their rights, and

led others to commit hate crimes, with

the imprisonment of Japanese

Americans being the most prominent

and disturbing example.

The ACLU of Northern California stood

virtually alone as we challenged the

internment of 120,000 Americans of

Japanese descent. Today, countless organi-

zations and individuals would join us to

resist such an act.

In fact just days after the September

11 tragedy, the ACLU-NC held a press

conference to provide a forum for legal

and civil rights groups to announce near-

ly a dozen. hotlines and other services

that had been immediately initiated in

response to the crises.

RACIAL PROFILING

Yet messages of tolerance often go unheard

when the streets, especially outside of the

immediate Bay Area, seem to be filled with

| feelings of rage and vengeance. Indeed,

hundreds of reports of hate crimes and

harassment and even murders have

occurred in California since the events of

September 11. The victims - Muslims,

Arab Americans, Sikhs, South Asians,

Latinos and others perceived to be Middle

Eastern - have felt the sting both of pri-

vate acts of violence, as well as more offi-

cial forms of prejudice, especially as result

of racial profiling.

Here again, ACLU's work during the

past three years on the issue of racial

profiling has raised consciousness, and

clearly has made public officials ques-

tion whether racial profiling policies -

whether at airports or at other public

venues are consistent with the princi-

ples of a nation dedicated to treating all

citizens equally. Nevertheless, even

racial profiling - which when exposed

had clearly been condemned by the pub-

lic and public officials -,is now seen as

a necessary evil during such extraordi-

nary time.

TECHNOLOGY - IN THE NAME

OF NATIONAL SECURITY

If twenty-first century America is a more

diverse and tolerant place, it is also a cul-

ture transformed by advances in technolo-

gy. The Internet enables the ACLU to

activate thousands of supporters at the

push of a button. It also allows for an

unprecedented national conversation dur-

ing this time of mourning, via web sites

the new climate, loss of privacy seems to

be viewed as the cost of doing business at

_a time of crisis.

We should never forget the historical

abuses that have taken place in the

name of national security. The govern-

ment has illegally watched and investi-

"This law goes light years beyond what

is necessary to combat terrorism. _

Included in the act are provisions that

would allow for the mistreatment of

immigrants, the suppression of dissent

and the investigation and surveillance

of wholly innocent Americans."

that host a robust First Amendment forum.

Yet this same tool will also enable our

government to invade our privacy in

unprecedented ways. The new legislation

gives unfettered authority to law

enforcement to investigate suspects by

monitoring conversations and informa-

tion on the Internet.

Compounding this threat to privacy are

proposals from some commercial interests.

Larry Ellison, CEO of Oracle, recently

offered to donate software to provide a

national identification card for every

American. When asked how he would

explain this to the ACLU he answered: "the

right to privacy was an illusion anyway."

Weeks before September 11, a majori-

ty of Americans indicated that privacy

was a significant issue. They were

alarmed by annual government reports

that nearly two million innocent phone

conversations were wiretapped by law

enforcement. Yet the new law will vastly

expand law enforcement's powers to

wiretap phones as well as the Internet. In

gated law-abiding citizens and

immigrants and branded people who dis-

agree with government policies as ene-

mies. The new law will unleash the

intelligence agencies and is all the more

dangerous given the new technological

tools at the government's disposal.

Some Americans may take comfort

in the belief that their liberties will

not be violated. After all, few of us antic-

ipate becoming suspects in a terrorist

investigation. Unfortunately, the mil-

lions of Muslims and Arab Americans liv-

ing in the United States cannot be so

sanguine. Immigrants and citizens of

Arab descent face an increased risk of

being branded disloyal and losing their

liberties, which has happened to other

minority groups during past national

crises.

Indeed, other equally ominous powers

were approved by Congress, including the

possibility that immigrants could be jailed

and deported without trial, or even an

opportunity to establish their innocence.

While these tactics are being justified as a

response to a national emergency, these

rules could become a permanent part of

our immigration laws.

Patriotism should not be defined by

acquiescence to government power, but

rather should be inspired by rising to defend

civil liberties at this time of crisis. We seek

safety, but not by any means necessary. Hl

ACLU News = Fait 2001 = Pace 2

Peace vigil in Cesar Chavez Park in San Jose in September sponsored by the America-

India Foundation.

m the wake of ihe september If ailacks, the

ACLU has been active on a national and local

level to ensure that the civil libertves of all are

protected during these perilous tumes. The ACEEENe@

will always be a public voice for civil liberties, even

at a tume when such voices are unpopular. Here are

some of the highlights of our efforts.

SAFE AND FREE

The ACLU mounted a national leg-

islative campaign under the ban-

ner of "Safe and Free" to convince

Congress to balance the requirements of

security with the need to protect civil lib-

erties, and to resist pressure from the

Bush administration to pass laws that jet-

tison due process rights and the checks

and balances of our government. The

National ACLU developed a coalition of

hundreds of organizations - representing

groups from across the political spectrum

- urging that freedom be defended at this

time of crisis. Informed by the coalition,

thousands of people contacted their

member of Congress to oppose the legis-

lation. This pressure was initially

responsible for slowing down some of the

"most dangerous proposals. Despite the

passage of the bill, the ACLU will contin-

ue to educate the public on these danger-

ous threats to civil liberties and advocate

for a Citizens' Watch to monitor the effect

of the legislation.

GRASSROOTS LOBBYING

The Field Department organized

and educated ACLU-NC activists to

contact their Congressional repre-

sentatives to oppose the draconian PATRI-

OT and USA 2001 bills. Many members of

the northern California Congressional del-

egation responded to the voices of their

constituents. The following members of

Congress from northern California, in the

face of enormous pressure, courageously

voted against the legislation: Lynn

Woolsey, George Miller, Pete Stark,

Barbara Lee, Mike Honda and Sam Farr.

RIGHTS ABUSES OF DETAINEES

The national ACLU wrote a letter

to Attorney General Ashcroft

demanding that the Justice

Department release information about

how detainees are being treated. The

ACLU is concerned about reports that

detainees who were swept up in the fed-

eral terrorism investigation have been

denied access to lawyers, been blindfold-

ed and shackled, and beaten by guards

and other prisoners.

HATE CRIME Hot-LINnE

Hearing reports of harassment and

abuse of Arab Americans, Muslims

and others who were perceived to be

Middle Eastern, the ACLU-NC immediate-

ly instituted a hot-line to monitor calls

RICK ROCAMORA

| ACLY Responds te

Protect

regarding civil liberties violations in north-

ern California. We continue to publicize

the hotline and provide advice and support

to the callers.

SAFE SCHOOLS TRAINING

Phone calls from alarmed parents,

students and teachers have com-

plained about the harassment and

discrimination toward Arab Americans and

others on school grounds. The harassment

ranged from teachers kicking out students

from their classrooms because they are

Arab American to physical assault and ver-

bal taunts on the playground. Many par-

ents fear for their children's lives and many

of the children live in fear and have chosen

not to go to school.

We are working with the Safe Schools

Coalition to provide materials, training

and resources to teachers to prevent hate

crimes at schools. We are also encourag-

ing state educational agencies and teach-

ers' organizations to discuss with us a

statewide strategy to ensure that all

schools are free from bias and discrimina-

tion. The coalition includes a broad

range of groups including the California ~

Teachers Association, Gay and Lesbian

Education Network, San Jose Islamic

Networks Group and the Anti-Defamation

League.

SPYING

ACLU-NC is reviewing proposals to

coordinate local and statewide intel-

ligence agencies to try to insure that

the mistakes of the past regarding spying

on law-abiding people are not repeated.

MEDIA

The Public Information Department

organized a press conference at the

ACLU-NC office on September 20,

where the Coalition for Civil Rights, an

alliance of over fifty organizations,

announced multiple efforts to respond to

hate crimes and protect civil rights. Coalition

leaders urged victims of the recent rash of

hate crimes to come forward and to let their

voices be heard. Numerous organizations

announced that they have set up hotlines to

receive complaints of racial or ethnic

violence, discrimination, or profiling and are

planning workshops to help represent and

counsel victims of hate crimes.

ACLU-NC spokespersons have respond-

ed to more than 100 media inquiries relat-

ing to civil liberties abuses following the

September 11 attack. ACLU spokesper-

ERIC SHEN

Coalition for Civil Rights press conference announces support for victims of hate crimes

Sollowing the September 11 attacks. Speakers included (left) Doug Young, President of

the San Francisco Bar Association, and Harmeet Dhillon of the South Asian Bar

| Association.

ACLU News = Fat 2001 = Pace 3

and

Li lee vif

sons have responded to calls on issues

ranging from hate crimes and increased

government surveillance to the new anti-

terrorism legislation and national ID cards.

Know Your RIGHTS

PUBLICATIONS

The national ACLU quickly produced

a new brochure "Know Your Rights:

What to Do if You are Stopped by the Police,

the INS, or the Customs Service." This com-

prehensive, question and answer brochure

is available in English, Spanish, Arabic, and

Farsi. It is being distributed free of charge

to individuals; bulk orders are available for

the postage and handling charges. If you

would like a copy, or can distribute them

through your organization, please contact

Communications Director Rachel Swain at

the ACLU-NC Office: 415/621-2493.

The ACLU-NC Legal Department has

produced "Demonstrators and the

Constitution: A Legal Overview." This

updated manual intended for. use by

lawyers and legal advocates, covers practi-

cal information on permits, picketing,

leafleting, sound equipment, "fighting

words," and more.

ERIC SHEN

Kanwarpal Dhaliwal, the Bias Free

Schools Coordinator of the InterGroup

Clearinghouse, is part of the Safe

Schools Coalition campaign to help

teachers respond to and prevent

harassment of Arab American and

Muslim students.

RIGHT TO DISSENT

In response to a parent's plea for

help in challenging a "God Bless

America" marquee that adorned her

child's elementary school in Rocklin, the

Legal Department wrote a letter to the

School District requesting that Breen

Elementary School substitute a more uni-

fying symbol of patriotism, such as the flag

or the message "United We Stand." The

mother had turned to us for help because

her child felt upset and excluded by the

religious tenor of the message.

DONATIONS FOR CIVIL

LIBERTIES

The Development Department has

received financial contributions large

and small with moving messages from the

donors. One Berkeley member wrote, "In

the memory of our sister, who died a year

ago, we would like to donate jointly $1,000

_inher memory. She appreciated your valiant

support of Japanese Americans during our

trying WW II days and your continuing

efforts to guard the civil liberties for all

Continued on page 4

ACLU, Teachers, Youth Advocates Bring

Proposition 21 Case to California Supreme Court

POWERFUL ARRAY OF SUPPORTERS OPPOSE ANTI- YOUTH LAW

BY STELLA RICHARDSON

MepIA RELATIONS DIRECTOR

n September. 6, the ACLU

California affiliates, the League of

Women Voters of California, the

California Teachers Association (CTA),

and several youth advocates filed a

friend-of-the-court brief in Manduley v.

Superior Court, in which the San Diego

District Attorney is prosecuting eight

teenagers as adults - an act made possi-

ble by the passage of Proposition 21, the

"Gang Violence and Juvenile Crime

Prevention Act," in March 2000.

In the amicus brief, the organiza-

tions argue that Proposition 21 is uncon-

stitutional because it violates the

SCHOHRSSHSSHSHSHSHSHSSSSHOSHSHSHSSHOHSHSHSHHHSHHSHHESEHEHHSEHHHS8H8HEH8HHSSEHHe

Court Hears E-Mail (c)

First Amendment Case

BY STELLA RICHARDSON

for employees and the right of people to

communicate by e-mail, the California

Court of Appeal in Sacramento heard argu-

[: a case with important ramifications

ments from ACLU-NC staff attorney Ann ~

Brick on September 17 on behalf of Ken

Hamidi, a former Intel employee.

"E-mail today is the electronic version

of a protestor's picket sign and leaflet,"

argued Brick. "It is a critical means of com-

munication for millions of people and must

be protected as free speech."

The case arises from six e-mails criti-

cizing the corporation that Hamidi sent to

his former colleagues over a two-year peri-

od. Frustrated at not being able to block

Hamidi's e-mails through its own technology,

Intel went to court in October 1998 and

asked for an injunction. The Superior

Court in Sacramento ruled in favor of Intel,

saying that the mere sending of e-mails

constituted an illegal "trespass" on Intel's

equipment: The court then enjoined

Hamidi from sending any more e-mails to

addresses on Intel's computer system,

claiming that no First Amendment protec-

tion applied. i

"This case represents a heavy-handed

attempt by a major corporation to silence a

critic, not an effort to prevent overload on

its e-mail system," argued Brick.

In the case, /ntel v. Hamidi, the former

employee is also represented by Placerville

attorney Philip Weber; the Electronic |

Frontier Foundation filed an amicus brief |

on his behalf.

SSOSSHSSHSHSHOHSHSHSHSHHSHSSHSHSHSHSHSHSHHSHHSSHSHHHSHHSHHHOSHHHHEHSHEHSHHSHHHHSESES

ACLU Responds...

Continued from page 3

Americans, regardless of race, sex, religion

or politics. In this hysteria over the World

Trade Center bombings, we know that you

will protect Arab Americans residing in our

local communities..."

A supporter from San Francisco

wrote, "I am sending you a donation of

$100 expressly for the purpose of coun-

teracting the national mood of intoler-

ance. Please use this money to defend

the rights of those whose civil liberties

might be challenged by the so-called

`rules of war'." Another San Francisco

donor said, "I am concerned about dis-

crimination against Arabs. Enclosed find

donation of $35."

CHAPTER FORUMS

The UC Berkeley Chapter of the

ACLU organized a campus Teach-In

on October 25, "Freedom in

Jeopardy: Threats to Civil Liberties in the

Wake of September 11" with speakers

from the ACLU-NC, the Lawyers'

Committee for Civil Rights, the

Electronic Frontier Foundation and stu-

dent activists. They also invited speakers

New ACLU "Know Your

other languages.

from the UC

Berkeley

administration

to discuss issues

specifically relat-

ed to students,

such as governmen-

records. S

Rights" pamphlets are avail-

able in English, Arabic and -

tal access to student |

Also on October 25, |

the Santa Cruz ACLU-NC Chapter spon- |

sored a-free panel on "The Threat to

American Freedoms: Are Civil Liberties

Expendable?" at the Louden Nelson

Community Center, moderated by former

Santa Cruz Mayor Mike Rotkin. The pan-

el included historians and political scien- |

tists from U.C. Santa Cruz and local -

journalists. The Paul Robeson Chapter |

sponsored a panel discussion on October

22 at the Rockridge Library in Oakland,

"Aftermath of September 11: Civil

Liberties Threatened," including Agha

Saeed, National Chair of the Muslim

American Alliance. and

single-subject rule of the California

Constitution. The Court is expected to

address this claim, along with constitu-

tional challenges to the individual provi-

sion within Proposition 21 that enabled

the minor defendants to be tried as

adults in criminal court.

"Proposition 21 was an affront to vot-

ers, said ACLU-NC staff attorney Robert

Kim. "It not only radically overhauls the

juvenile justice system, but also separately

addresses gang violence in adult court, as

well as the sentencing of repeat offenders

through the expansion of Three Strikes

laws. That's too many subjects to be shoe-

horned into one measure."

The single-subject rule was adopted by

the California voters in 1948 to minimize

voter confusion and to ensure that the vote

on a measure reflects the electorate's true

intent. "Combining three unrelated sub-

jects into one initiative wholly undermines

those goals," Kim argued.

The League of Women Voters of

California has twice studied the initiative

and referendum process in California and

are plaintiffs in a separate ACLU-NC law-

suit challenging Proposition 21, League

of Women Voters of California v. Gray

Davis. "While we support the right of citi-

zens to legislate through the initiative

process, we also believe that the initia-

tive process has gone far beyond what the

reformers who developed it intended,"

said Barbara Inatsugu, President of the

League of Women Voters of California.

"Increasingly we see extremely long, com-

plicated measures covering a: number of

marginally related issues placed on the

ballot. Proposition 21 is an example of

- America,

| ACLU-NG

this and we look to the courts to exercise

greater scrutiny in this area to determine -

whether the existing law is being

enforced strictly enough."

Beverly Tucker, Chief Counsel for the

300,000-member California Teachers

Association, said, "We are joining the

ACLU and other organizations because

we are concerned about the future of our -

children. Proposition 21 will only harm

our young people and lead to the victim-

ization of thousands of children who are

tried as adults and incarcerated in adult

prisons. By prosecuting children. as

adults we are depriving them of the edu-

cational and rehabilitative programs

available in the juvenile system. If they

are put in adult prisons, we are basically

throwing away the key on a whole gener-

ation of young people."

`A broad array of amici briefs was also

filed on behalf of legal experts, advocacy

organizations, bar associations, and other

national organizations, including the

Children's Defense Fund, National Council

of La Raza, National Urban League, Youth

Law Center, Child Welfare League of

the San Francisco Bar

Association, the Lawyers' Committee for

Civil Rights and the California Public

Defenders Association.

The California Supreme Court is

expected to schedule oral arguments in

next several months. In addition to

staff attorneys Kim and

Margaret Crosby, cooperating attorneys

Steve Mayer, Kym Proctor and Erik

Silber of the law firm of Howard, Rice,

Nemerovski, Canady, Falk and Rabkin

| worked on the ACLU-NC brief.

SHOSOHSSSHSHSSSHSHSSHSHSHSSSHOHSSHSSSGCLSOSHSHSHSHSHHSHSHSHSHSHSHHRHSSHSHOHHSHBEEHSSEES

Monterey Passes

Domestic Partners

Benefits Law

n October 9 the Monterey County |

QO Board of Supervisors unanimously

voted to provide domestic partner ~

`benefits to gay and lesbian employees.

"The County is demonstrating its com-

mitment to diversity and respect for all

employees," said Michelle Welsh, a Pacific

Grove attorney and a leader in the ACLU-

NC Monterey County Chapter. "Domestic

partner benefits are second only to salary

in terms of how an employee is compen-

sated for his or her work. By granting

domestic partner benefits Monterey

County will enhance its ability to recruit

and retain employees and will improve

morale in the workplace."

With this vote, Monterey County joins

other California counties that provide

domestic partner benefits

Alameda, Los Angeles, Marin, San

Francisco, San Luis Obispo, San Mateo,

Santa Barbara, Santa Cruz, Sonoma, and

Ventura County. At least ten California

cities also offer domestic partner benefits

including Berkeley, Laguna Beach,

Oakland, Petaluma, Los Angeles,

Sacramento, San Diego, San Francisco,

Santa Cruz and West Hollywood.

On May 30, ACLU-NC staff attorney

Robert Kim wrote the Monterey County

Board of Supervisors, arguing that provid-

ing benefits was "a matter of fundamental .

ACLU News = Fat. 2001 = Pace 4

including |

fairness." Over the summer, Kim also met

with County employees and assisted in the

filing of a dozen complaints by individuals

seeking benefits with the County's Equal

Opportunity Office.

"We applaud the action taken today by

the Monterey County Board of

Supervisors," said Kim. "By their action,

the Board of Supervisors is sending a pow-

erful message that they will not discrimi-

nate against anyone based on sexual

orientation. Extending benefits on an

equal basis to all employees demonstrates

the County's commitment to inclusive-

ness and its respect for all people,

whether gay or straight." Kim noted that

Matt Coles, a former ACLU-NC staff attor-

ney and the current Director of the

national ACLU Lesbian and Gay Rights

Project, is the author of the San

Francisco and Berkeley ordinances, pio-

neering measures that paved the way for

other governmental entities. :

- According to the Human Rights

Campaign, there are 3,813 major employ-

ers and countless smaller businesses in

the U.S. that offer domestic partner

health benefits. This includes 133

Fortune 500 Companies, 759 private com-

panies, non-profits and unions, 146 col-

leges and universities and 107 state and

local governments.

By Marearet C. Crossy

STAFF ATTORNEY

espite the death of the man at the

D center of a major right to die contro-

versy, the California Supreme Court

on August 9 issued an opinion in

Conservatorship of Wendland. As the ACLU

had requested in an amicus curiae brief,

the Court ruled that the decision to termi-

nate heroic life support is a fundamental

right under California's privacy guarantee,

and that any restrictions on the right must

be justified by a compelling state interest.

The Court ruled, however, that because

Robert Wendland had never neither desig-

nated an agent for health care decisions nor

executed an advanced directive, and

because he was not in a persistent vegeta-

tive state but mentally conscious, his wife

could not terminate his life support. Robert

had told family members that he would nev-

COUNTY REVEALS

DOCUMENTS IN

DISCRIMINATION CASE;

JUDGE REOPENS TRIAL

n the closing hours of the trial in the

landmark discrimination lawsuit against

Contra Costa County, a witness revealed

that the County had withheld hundreds of

pages of key documents from the women

and minority owned businesses who are

suing the County for discrimination in its

public contracting system.

The class action lawsuit, Lucy's Sales v.

Contra Costa County, was filed by the

ACLU-NC , Lawyers' Committee for Civil

Rights and cooperating attorneys from

Wilson, Sonsini, Goodrich and Rosati in U.S.

District Court in 1998 charging that minor-

ity and women-owned businesses received

less than 1% of the County's $100 million

public contracts.

"At the trial in June, county employ-

ee after employee testified that they

were either unaware of, or felt free to

ignore, the contracting rules and regula-

tions that were supposed to bring some

fairness and equality to the process,"

said Oren Sellstrom of the Lawyers'

Committee.

Throughout the case, the County

maintained that it had no information

on the current participation of women

and minority enterprises in its contract-

ing system. "On the night before the

closing arguments, however, lawyers for

the County suddenly produced extensive

documents profiling the race and sex of

contractors-records that they had

stubbornly maintained did not exist,"

Sellstrom said. .

As a result, on August 29, U.S. District

Judge William Orrick reopened the trial

and mandated that the county must

finance the added proceedings for failing

to provide full disclosure of evidence.

However, although he characterized the

county's actions as "grossly negligent,"

Judge Orrick ruled that the withholding of

evidence was not deliberate.

Michelle Alexander, (c) ACLU-NC

Associate Director, explained, "Not sur-

prisingly, the County documents showed a

dismal level of minority and women-owned

participation in the contracting system.

The Right to Die

CALIFORNIA SUPREME COURT RULING IN WENDLAND CASE SHOULD

Spur Us To PROTECT Our RIGHTS

er wish to be kept alive if he could not be an

active person; a judge ruled that these

statements were not clear and convincing

evidence that the patient would want to die.

In practice, this means that for patients like

Robert, life support will not be ended absent

prior written instructions.

_ The California Supreme Court's deci-

sion in Robert Wendland's tragic case is

both a victory and defeat for the right to

die. It also highlights a problem, and it

should spur each of us to take action to

protect our families.

The victory: The Supreme Court unan-

imously, and for the first time, rooted the

right to die in our state Constitution's right

to privacy. Like decisions about childbear-

ing, end of life choices are now fundamen-

tal rights. No Legislature can strip us of

control over medical technology.

The defeat: The Court made it diffi-

cult for some families to release loved

Because the County withheld this critical

evidence which suggests that they were, in

fact, engaged in a pattern of discrimina-

tion against minority contractors, the

judge reopened the case."

The reconvened trial was held from

October 15 to 17.

VICTORY FOR

S.F. DOMESTIC

PARTNER LAW

n September 11, in the Ninth Circuit

Court of Appeals agreed with ACLU

arguments in Air Transport Association

(ATA) v. San Francisco, and ruled that

San Francisco's domestic partnership ben-

- efits ordinance does not violate the federal

Airline Deregulation Act and the Railway

Labor Act.

San Francisco's pioneering anti-dis-

crimination ordinance conditions all

City .contracts on the contractor's

promise not to discriminate on the basis

of, among other things, sexual orienta-

tion or domestic partner status. In 1998,

airlines and private companies contract-

ing with San Francisco refused to pro-

vide equal benefits to domestic partners

of employees, and filed suit in federal

court. After the court largely upheld the

Ordinance, the case was appealed to the

Ninth Circuit last year. The ACLU-NC,

along with the national ACLU Lesbian and

Gay Rights Project, filed an amicus brief

in support of the City's ordinance.

CourRT OKAYS STUDENT

HARASSMENT CASE

S2 students who filed a federal law-

suit complaining of anti-gay peer

harassment in their high school won a

victory over their school district on

September 10 when the Ninth Circuit

Court of Appeals refused to accept the

school district's claim of immunity from

liability.

The students are represented by the

ACLU-NC, the ACLU Lesbian and Gay Rights

Project, and the National Center for

Lesbian Rights, in the federal suit Flores v.

ones from heroic medical care they never

wanted. For a very limited group of

patients, the Court has allowed life sup-

port to be terminated, as a practical mat-

ter, only where the patients had created

written treatment instructions before

suffering a medical catastrophe. The

people affected by this part of the Court's

decision are those who never appointed a

friend or relative their agent for health

care decisions, and who cannot communi-

cate their wishes, but are not in a vegeta-

tive state.

The problem: While many people dis-

cuss their preferences in case of medical

catastrophe, few have the foresight to put

their wishes in writing. Today, less than

20% of Americans execute advanced

directives-although most of us, accord-

ing to national surveys, do not want indef-.

inite sustenance through artificial

feeding tubes. Requiring written docu-

Morgan Hill Unified School District, first

filed in, 1996. They charged that school

staff and administrators did nothing to

protect them from anti-gay harassment

and attacks by other students. School dis-

trict officials claimed that they were

immune from suit because the law did not

prohibit their conduct when it happened,

and because in any event their conduct

was reasonable.

The Ninth Circuit opinion stated

that, in light of a recent U.S. Supreme

Court case clarifying the way in which

courts must evaluate a qualified immuni-

ty defense, the District Court must evalu- _

ate all the facts and evidence in the case

to determine whether the defendants'

conduct amounted to constitutional vio-

lation. The Court appeared to agree with

ACLU arguments that failure to remedy

anti-gay peer harassment may violate the

Constitution.

The District Court judge has now asked

both sides to submit briefs on this issue

and will hold a hearing at which both sides

can argue the issue on November 26.

Court LIMITS

TENANTS' LEAFLETING

he California Supreme Court ruled on

August 30 that the Golden Gateway

Center, a large residential complex in

downtown San Francisco, could restrict

tenants from distributing door-to-door the

tenants' association newsletter and other

materials.

ACLU-NC Legal Director Alan

Schlosser argued before the court as an

amicus on behalf of the tenants' associa-

tion. "For years, the tenants association

had been circulating its newsletter around

the complex, until a new owner put an end

to their door-to-door distribution. When

the tenants association refused to curb its

leafleting efforts, the landlord sued,"

Schlosser explained.

The court ruled 4-3 that the right to

leaflet on private property is limited to

areas that are "freely and openly accessible

to the public." Tenants can still communi-

cate openly with each other as long as -

unsolicited literature is not involved:

Chief Justice Ronald M. George, who

joined the majority opinion, noted that

eae tae ee Te

; tion,

ments may frustrate many genuine treat-

ment desires-particularly the choices of

young people, who are less likely than

older people to envision the need for

advanced directives, or poor people, who

are less likely than affluent people `to

have the resources to obtain formal legal

documents.

The lesson: We must protect our funda-

mental rights. California forms-to desig-

nate a partner to make health care choices

and to specify treatment options-are

available on line. (www.partnershipfor-

caring.org.) Sign them.

The ACLU believes that every individ-

ual has the fundamental right to accept or

refuse heroic medical care at life's end. We

support the right to die, in the courts and

in the legislatures. But abstract legal

rights alone do not enhance our freedom.

We each need to exercise our rights to

make them secure.

the ruling was restricted to the case at

hand, and cautioned against undue limi-

tation of the expansive state constitu-

tional right of freedom of expression.

Schlosser stated, "Although I am dis-

appointed in the decision, the Court

reaffirmed that the state constitutional

free speech right is broader than the

First Amendment, particularly as it

applies to speech on private property.

Because this decision was limited to its

particular facts, future cases will resolve

whether constitutional free speech

rights apply in other settings, such as

private housing developments or in front

of large free standing stores such as

Waremart and Costco.

Prop 227 RULING

ALLOWS TEACHERS

TO BE SUED

n August 29, the Ninth Circuit

Court of Appeals upheld the specif-

ic section of Proposition 227, the 1998

statute that prohibits bilingual educa- 0x00B0

that allows parents to sue any

school official or teacher who does not

give English-language instruction the

majority of the time. The ACLU-NC was

part of the legal team that challenged |

the constitutionality of the Proposition

on behalf of a broad coalition of stu-

dents, parents, teachers and education

advocates.

"The vagueness of the language. used

in the measure leaves teachers in the

dark as to when they are breaking the

law by speaking in another language,"

said ACLU-NC Executive Director

Dorothy Ehrlich. The ACLU-NC had

opposed the measure at the ballot box as

well as in the courtroom.

The three-judge appellate panel

ruled 2-1 that the provision's language

had sufficient clarity as to render it

enforceable. However, the lead opinion

limited the scope of the provision to

apply only to classroom instruction. The

court stated that teachers can legally

continue to utilize other languages when

interacting with students in informal

settings, like the playground or outside

of class.

Who is eligihie to vote?

he by-laws of the ACLU of Northern California call for the at-large Directors of the

Board to be elected by the general membership. The general membership are

those members in good standing who have joined or renewed their membership within

the last twelve months. :

The label affixed to this issue of the ACLU News indicates on the top line the year

and month when your membership expires.

Ifyou are not eligible to vote, you may choose to renew your membership, and there-

by resume your membership in good standing, at the same time you submit your ballot.

If you share a joint membership, each individual is entitled to vote separately -

two spaces are provided on the ballot.

How are candidates nominated to run for the Board of Directors?

he ACLU-NC by-laws permit two methods of nomination. Candidates may be nomi-

nated by the current Board of Directors after consideration of the Nominating

Committee's recommendations. Candidates also may be nominated by petition bear-

ing the signatures of at least fifteen ACLU-NC members in good standing.

Ballot instructions

andidates are listed on these pages in alphabetical order. After marking your bal-

lot, clip it and enclose the ballot and your address label from this issue of the ACLU

News inan envelope. Your address label must be included to ensure voter eligibility.

Address the envelope to:

Elections Committee

ACLU of Northern California

1663 Mission Street, Suite 460

San Francisco, CA 94103

If you have a joint membership, you may use both of the columns provided, and

each of the members may vote separately.

If you wish to ensure the confidentiality of your ballot, insert your ballot in a dou-

ble envelope with the special mailing label in the outer one. The envelopes will be sep-

arated before the counting of the ballots.

Ballots must be returned to the ACLU by noon on December 18, 2001.

There are ten candidates running to fill ten vacancies on the Board of Directors.

You may vote for up to ten candidates.

For your consideration, we are publishing brief statements submitted by the candi-

dates for election to the Board of Directors. Candidates are listed in alphabetical order.

ore than ever, the voice of the ACLU is needed on both the

local and national levels. While the tragic events of

September 11 have changed us all, we need the leadership of

ACLU and others to insure that our response as a country and as a

people continue to reflect the values and tolerance we all cherish.

As I begin my second year on the board, I'm mindful of the

unique role the ACLU can play in influencing public debate and

mobilizing positive community action.

For the past 20+ years, my professional career has focused on

promoting corporate social responsibility and philanthropic

leadership in the areas of race, gender and economic empower-

ment. During the past year, I've served on the ACLU ad hoc board committee reviewing our

affiliate's internal affirmative action hiring and selection procedures. I'm looking forward

to continuing my board service. I appreciate your support.

`Nominated by: Board of Directors

incumbent: Yes

am honored to have been nominated for a second stint on the Board. I have served on the

legislative, finance, poverty and civil rights, and litigation committees. What I hope to

bring to the Board is the experience of working for many years on legal and social issues

faced by poor, inner-city, primarily minority, residents. I have been a lawyer for Bay Area

Legal Aid and the San Francisco Neighborhood Legal Assistance Foundation for more than

20 years, and believe that I have some understanding of the critical connection between eco-

nomic status and the ability to meaningfully exercise formal civil

rights. To me, civil rights are inconceivable outside of a human

rights framework. I am heartened by the ACLU-NC's ongoing com-

mitment to defending the rights of poor people.

[ am also particularly interested in reproductive rights and

those of immigrants and limited English speakers, as well as free-

dom of expression. The ACLU-NC has always been in the fore-

front on these issues, and I am happy to have been invited to

contribute what I can to this extraordinary organization.

Nominated by: Board of Directors

Incumbent: Yes

Larisa Cummings

am personally and professionally dedicated to the social justice movement and have

._much to contribute to the ACLU. I am a civil rights attorney specializing in the area of

disability law. I earned a Bachelor of Arts degree in Urban Studies in 1982 from the

University of Michigan, after which I worked as an office manager at the Houston Chapter

office of the ACLU until 1984. Thereafter, I earned a law degree from the University of

California, Hastings College of the Law, inSan Francisco. I currently hold a staff attorney

position at Disability Rights Education and Defense Fund, where I focus on impact litiga-

tion to protect and further the civil rights of persons with disabilities.

I am well-versed in the complex interrelationships of civil rights, public benefits, and

special education entitlement laws. I look forward to assisting the ACLU to reinforce and

expand its mission.

Nominated by: Board of Directors

Incumbent: No

ACLU News = Fait 2001 = Pace 6

Susan Freiwald

am honored to be selected as a candidate for the Board of

Directors. My passion for civil liberties, and particularly pri-

vacy, has helped me derive tremendous satisfaction from my

work over the last seven years as a law professor focused on

cyberspace law, and | would be privileged to bring my experi-

ence to bear on the Board's work. I have long supported many of

the ACLU's efforts, such as those in the area of reproductive

rights and anti-discrimination. In addition to cyberspace law

courses, I have taught courses on employment discrimination,

women and the law, and contracts.

Although my formal training was at Harvard where I

obtained both my degrees (J.D. 1991), I am delighted to be back in San Francisco, where |

`was raised. I am a member of the full-time faculty of the University of San Francisco

School of Law.

Nominated hy: Board of Directors

Incumbent: No

t has been an honor to serve as an ACLU-NC Board member for

the last four years. | initially served in this capacity as the Santa

Cruz County Chapter representative to the affiliate Board. | was

then appointed in August, 2000 to fill a vacancy on the ACLU-NC

Board. I am now seeking your support and vote to be elected as an

at-large member of the ACLU-NC Board of Directors.

My service as a Board member is an opportunity to continue

to support the ACLU's long-standing commitment to preserve

the civil liberties and civil rights of all Americans. I believe in

building bridges between communities. My special interests are

voting rights, language rights, defending the rights of immi-

grants, and racial justice. | am a great advocate of the rights guaranteed by the First

Amendment. -

My commitment to civil liberties goes back to my high school years when I supported

the students' right to a bilingual education. In college I supported efforts to expand col-

lege opportunities for minorities.. As a paralegal, community activist and an elected offi-

cial, | have volunteered to improve the lives of immigrants; organized workshops on police

practices, youth rights; tenants' rights; and I also supported efforts to defeat the anti-

youth initiative and the anti-family initiative Proposition 22.

I appreciate your support and vote.

Nominated by: Board of Directors

incumbent: Yes .

en I was asked to fill an unexpired term on the Board of

Directors of the ACLU of Northern California, I was both

thrilled and honored. As a long time advocate for human and

civil rights, I understand the importance of a vigilant, proactive

approach to preserving our civil liberties. Currently, I work for

the California Teachers Association as Manager of the Human

Rights Department. We address issues of concern to our Ethnic

Minority, Women, Gay/Lesbian/Bisexual/Transgender teacher-

' members, and any other groups who feel disenfranchised from

the "American Dream."

I have served as Vice-Chair of the North Peninsula Chapter

of the ACLU, Vice-Chair of the San Mateo Country Democratic Central Committee and

serve on the Board of ETR Associates. I look forward to contributing my time and energies

to this worthwhile endeavor.

Nominated hy: Board of Directors

Incumbent: No

-am a staff attorney at the Office of the California State Public

Defender in San Francisco. | provide direct representation to

indigent defendants sentenced to death in their state post-con-

viction appeals and related habeas corpus litigation. Formerly, I

was a staff attorney at the California Appellate Project (CAP) in

San Francisco where | worked with counsel appointed to repre-

sent condemned inmates in their state appeal and habeas corpus

proceedings. Prior to devoting my criminal defense practice to

appellate work, I was a staff attorney at the Contra Costa County

Public Defender's Office and handled cases at the trial level in

the Superior, Municipal and Juvenile courts. I received my B.A.

in English Literature from Mills College in 1977 and my J.D. from Hastings College of Law

in 1980.

Nominated by: Board of Directors

incumbent: Yes

Reverend Roy Matthews

ues you for your nomination to this position.

As a person of faith, I have a deep passion for the rights of the individual. Individual

rights are the backbone of our democracy. However I can serve to make a difference I

offer my services. | currently live in Sacramento and | am involved in several projects

helping to revitalize urban areas through education, training and spirituality. I believe

that people of various faiths can come together for the greater good, which is the better-

ment of our society and world.

Nominated by: Board of Directors

`Incumbent: No

was appointed to the ACLU-NC Board of Directors in January,

2001. I began to work with the ACLU as a senior in high school

when | joined the Youth Advisory Committee of the Howard A.

Friedman First Amendment Education Project, and worked with

other YAC members to plan the summer field investigation on juve-

nile justice. I have continued my involvement in the Friedman

Project throughout college and was selected to be the first

Friedman Project Fellow from 1999 until the end of last year.

I hope to bring a perspective to the board that is not just limit-

ed to youth and young adult issues. I have fought for justice as a

youth organizer on several committees ranging from criminal jus-

tice ond health care issues to education and racial profiling. As a young African American

student who grew up fighting for justice for the oppressed and underrepresented, my desire is

to continue to bring issues from communities I represent to the forefront.

Nominated by: Board of Directors

Incumbent: Yes

s Executive Director of the Homeless Action Center, I defend the rights of those who

ave the hardest time advocating for themselves - people who are homeless with men-

tal disabilities. I am co-counsel in a class action lawsuit charging the Social Security

Administration with civil rights violations that deny thousands of homeless people with

disabilities their benefits. I've developed collaborations with the goals of: housing those

who have mental disabilities, supporting those with disabilities who desire to work,

increasing access to mental health treatment and evaluations, and improving health for

families who are not transitioning from welfare to work My current projects include

defending the civil rights of homeless individuals who are given "quality of life" citations

and ensuring that electronic welfare benefits are designed to accommodate people with

severe disabilities.

I am particularly interested in how poverty affects my clients' civil liberties, including

their access to the voting booth and their access to healthcare and reproductive rights. |

am eager to continue this work in the company of the ACLU, and I am honored to be nomi-

nated to serve on the Board.

Nominated by: Board of Directors

incumbent: No

ACLU-NC Board of Directors

BALLOT

lease vote in the squares provided. You may vote for up to ten

candidates. Joint members use both squares.

O O RobertCapistrano (c) 0 SusanKwan

Q QlarisaCummings (c) O RoyMatthews:

| QSusanFreiwald 2 Q WilliamWalker

) 2) Ramon Gomez QO O Patricia Wall

`Please clip and send along with your address label to ACLU-NC Board

Elections, 1663 Mission Street, #460, San Francisco, CA 94108.

eS ee

|

] |

|

|

O (c) Judy Belk UO) (c) Dolores Heisinger

]

| l

|

|

|

|

l

]

|

ACLU News = Fait 2001 = Pace 7

ete

Peer sas

Civil Liberties' Voices Heard in the Capitol

GOVERNOR DAVIS SIGNS KEY BILLS

t the end of this legislative session, several

key civil liberties bills ended up on the

Governor's desk.

And this year the

Governor, whose record on civil rights and liber-

ties has been criticized in recent years, signed a

number of measures into law that will benefit

emmigrants, lesbian and gay domestic partners,

women and minority-owned businesses and lan-

guage minorities.

The hard-won victories are the result of

statewide coalition building and energetic grass-

roots lobbying - voices for justice that could not be

ignored.

Here ACLU Legislative Advocates

Francisco Lobaco and Valerie Small Navarro

describe some of these victories and the battles

leading up to them:

LANGUAGE RIGHTS -

A LONG TIME COMING

For many years, the ACLU and Employment

Law Center Language Rights Project have

advocated legislation to ban English-only

workplace rules unless justified by a busi-

ness necessity. Since 1989, three language

rights bills have passed the Legislature,

only to be vetoed by Governors Deukmejian

and Wilson.

Despite these defeats, the ACLU contin-

ued to pursue litigation against egregious

workplace rules throughout the 90's. These

rules adversely impacted workers who had

_ limited English proficiency. Suppression of

a worker's native language can create an

oppressive and intimidating workplace.

Indeed, the imposition of English-only rules

was often a tool used to mask intentional

discrimination on the basis of national ori-

gin. However, the ability to successfully

challenge English-only workplace rules was

substantially hampered by the lack of good

law in California - the existing California

regulations simply did not carry the same

legal weight as laws. Moreover, federal

courts varied in their interpretations of the

circumstances under which an English-only

policy was permissible.

This is where things stood until last

fall. Every year, the Legislative Office coor-

dinates with the three California affiliates

to develop our legislative agenda for the

following year. High on the list of bills to

pursue was reintroduction on the ban on

English-only. rules. While the new

Democratic Governor was not necessarily a

champion of civil rights, he was certainly

more supportive than his predecessors.

More importantly, the politics appeared

right. The constituency primarily impacted

by these rules - Latinos and Asian-

Americans - were becoming more political-

ly powerful, both within the Legislature

and California as a whole.

The bill, AB 800, was carried by Herb

Wesson (D-Los Angeles), a strong champi-

on of civil rights, with newcomer Wilma

Chan (D-Oakland) as the principal co-

author. The ACLU lined up a strong list of

supporters, including MALDEF, National

Council of La Raza, California Immigrant

Welfare Collaborative, Chinese for

Affirmative Action and others. We were

expecting and did receive opposition from

the business sector, but it was not vitriolic

opposition. AB 800 was not on their list of

"ten worst bills." After clearing numerous

_hurdles in the state Senate, the bill was sent

to the Governor's desk on August 31; it was

expedited in order that he would have to act

in 12 days. (After that date, the Governor

had until October 14 to sign or veto bills).

On the last day - September 12, the

"Governor signed the bill, calling it "a bal-

anced measure." The passage of this his-

toric measure, is a landmark victory for

language rights.

DOMESTIC PARTNERSHIP

On October 14, Governor Davis signed the

most expansive domestic partners bill in

the country after members of many civil

rights groups including the ACLU, the

California Alliance for Pride and Equality,

the AARP and others. wrote thousands of -

letters and made thousands of calls to the

Legislature and the Governor.

The new law AB 25, Migden (D-San

Francisco), provides same-sex and oppo-

site-sex senior couples who register with

the Secretary of State the ability to relo-

cate with a domestic partner without los-

ing unemployment benefits; use sick leave

to care for an ill partner or the child of a

domestic partner; not have to pay state

taxes on the health benefits provided to

domestic partners; make medical deci-

sions in the hospital or act as a conserva-

tor; bequeath property to a domestic

partner using the statutory will; and adopt

a partner's child using the stepparent

adoption process.

Finally, this law requires health plans

to offer domestic partner coverage (simi-

lar to the coverage offered currently to

dependents of employees) to businesses

and associations.

. ACLU News = Fait 2001 = PaceES

HIGHER ED FoR UNDOCUMENTED

STUDENTS

This measure, AB 540, Firebaugh (D-

East Los Angeles) allows California

high school graduates to pay in-state

tuition for the state university and col-

leges, regardless of their immigration

status. :

The ACLU joined numerous immi-

grants rights organizations including the

Mexican American Legal Defense and

Educational Fund, the California

Immigrant Welfare Collaborative, and

the Coalition for Humane Immigrants

Rights of Los Angeles, and the National

Council of La Raza in grassroots lobbying

to support this bill. In order to qualify,

students must attend California schools

for at least three years, graduate from

California high schools, and earn admis-

sion to state colleges and universities.

The newrules will apply to the University

of California only if adopted by the U.C.

Board of Regents.

RACE AND GENDER

Data COLLECTION

After years of legislative effort by the

ACLU and other civil rights groups, the

Governor signed into law a bill, AB 1084

Wesson (D-Cilver City) that restores

the collection of race and gender data on

the more than $6 billion of state-con-

tracts awarded each year. In 1995 the

state stopped collecting data on the

number and value of contracts that are

_ awarded to minority and women-owned

businesses. Without this data, civil

-rights groups and ethnic business

groups have not been able to assess how

minorities and women are faring in the

state's public contracting system.

Co-sponsored by the ACLU, Chinese

for Affirmative Action and Lawyers'

Committee for Civil Rights, and support-

ed by numerous civil rights and business

groups, AB 1084 also attempts to

addresses the impact of Proposition 209

by providing state and local govern-

ments with more tools to award con-

tracts to small and micro businesses,

including minority and women-owned

businesses. This is accomplished by cre-

ating a "micro. business" category for

state contracting; providing incentives

for large businesses to subcontract with

small and micro businesses in state con-

tracting; and allowing local governments :

for the first time to implement small and

micro. business programs in their public

contracting system.

ACCESS TO CLINIC AND

CHURCH ENTRANCES

This law, SB 780 Ortiz (D-Sacramento)

replicates in large part the Federal

Freedom of Access to Clinic Entrances

Act, FACE (18 U.S.C. section 248).

Because Attorney General Ashcroft

clearly expressed his anti-choice posi-

tion, Planned Parenthood, the ACLU,

and other reproductive health' rights

advocates realized that it is important to

- have a parallel state statute in place.

Both the federal and state statutes

prohibit the use of force, threats of

force, physical obstruction, and property

damage intended to interfere with those

obtaining. or providing reproductive

health services and impose criminal and

civil penalties for violating the acts.

They do not apply to protected First

Amendment activities such as peaceful

praying, picketing, or communication by

anti-choice demonstrators, so long as

these activities do not obstruct physical

access to clinics.

MAJOR SETBACK ON PRIVACY

Despite all these victories, there was a

significant measure that did not get the

Governor's signature. The ACLU - along

with the Consumers Union, Privacy

Rights Clearinghouse and other privacy

rights advocates - spent countless hours

supporting Senator Jackie Speier's leg-

islation, SB 773. , one of the most

important privacy protection bills in

recent years. This bill establishes the

fundamental principle that people have

a right to privacy in their financial

records and would have to give their

consent ("opt in") to sharing of their

`information with an affiliate or sub-

- sidiary of the financial institution.

The banking and insurance industry

mounted a vigorous campaign opposing

the bill and spent $7 million in the first six

months of 2001 lobbying the Legislature,

arguing that it would be "unduly burden-

some" and "extremely costly" to protect

people's privacy by requiring consumers to

opt in or opt out before sharing their confi-

dential information.

SB 773 passed the Senate, but when

Governor Davis set forth his own proposal

that was lopsidedly pro-business and anti-

privacy, SB 7738 failed on the Assembly

floor. Senator Speir, the consumer and pri-

vacy groups only salvaged 82 of the 41 votes

needed in the Assembly, with 17

Democrats staying off the vote. It has now

been made a two-year bill.

2001 ANNUAL ACLU-NC CONFERENCE

Activists Address Civil Liberties Threat

BY ANDY LuRIE

n Saturday September 22, a scant

eleven days after the world-shaking

terrorist attacks in New York and

Washington, D.C., more than 200 ACLU-NC

members and supporters came together at

the 2001 Annual Activist Conference at

San Francisco State University's Seven

Hills Conference Center to discuss the

importance of civil liberties in our nation's

most difficult hour.

"We were originally scheduled to:focus

on racial profiling and government funded

religion, but on the eve of the conference

we swiftly reorganized our agenda to

reflect civil libertarians' awareness of the

pressing issues facing America," said Field

Director Lisa Maldonado. Two plenaries

were reorganized to explore the aftermath

of September 11th and its implications on

the continued fight for civil liberties.

In addition, an array of workshops

exhibited the broad spectrum of civil liber-

`ties issues-ranging from the death penal-

ty and reproductive rights to internet

North Peninsula Chapter Chair Linda

Martorana accepts the Dick Criley

Activist Award on behalf of the Chapter.

privacy and female inmate health care-

continuing to face Californians.

The first plenary, entitled "The

Aftermath of September 11, 2001: A Civil

Liberties Response," was moderated by

ACLU-NC Chair Margaret Russell. Speakers

included King Downing, Director of the

Racial Justice Project at the national ACLU

office, Michelle Alexander, ACLU Associate

Director and the head of the affiliate Racial

Justice Project, Fadi Saba, from the Arab-

American Caucus for the California

Democratic Party, and Arnoldo Garcia, of

the National Network for Immigrant and

Refugee Rights. Alexander and Downing

spoke of ACLU's long-standing commitment

to end racial profiling - adding that Bush's

"War on Terrorism" gave it a new, but no less

pernicious, focus. John Crew, former

Director of the ACLU-NC Police Practices

Project, also joined in from the floor.

Saba alluded to the McCarthyism of the

1950s to remind those in attendance of the

added terror felt by Arab-Americans,

Muslims and South Asians during these new

and troubling times. "Detention without

charge, wiretapping without a judge's

approval, mass deportation- many people

think these draconian measures are neces-

sary. This has abridged our rights. It is criti-

cal that we realize that these terrorists don't

represent our communities," he warned.

ACLU-NC staff attorney Margaret

Crosby, Lucas Guttentag, Director to the

National ACLU Immigrant Rights Project

stepped in at the last moment to lead a sec-

ond. plenary, "Responding to Crisis:

Implications of the September 11 Terrorist

Attacks on Civil Liberties."

Crosby reminded people of the World

War II aphorism, "Truth is the first casualty

of war," and pointed to warning signs of

government stifling of dissent. "The First

Amendment takes a hit. Teachers become

very vulnerable and wonder whether they

can talk about these things in the class-

room. People join groups and are immedi-

ately put on the FBI watch list. This is an

undeniable infringement on basic rights."

Guttentag spoke about the actions-

including indefinite detentions and mass

deportation-already being proposed and,

in some cases, carried out by the govern-

ment that unfairly target and punish

immigrants. "Rhetoric from politicians

and the media condemning Arab and

Muslim terrorists is making it difficult for

immigrants to escape discrimination

across the country. Their rights are being

taken away,' Guttentag warned.

Students from the Howard A.

Friedman First Amendment Project pro-

vided one of the highlights of the confer-

ence with their presentation on San

Francisco sex workers-`A Field

Investigation of the Sex Industry." Viviane

Scott, Shayna Gelender, Alexis Prindle,

Lindsay Waggerman, and Lani Riccobuono

talked about how they, along with 18 other

students and chaperones, spent over a

week during the summer learning about

the issues confronting women and men in

the sex industry. Gelender, a Youth

Advocate for the Friedman Project,

explained, "Sex-workers are one of the

most marginalized groups in our society.

They have the least rights in society, and

their rights are violated often."

Field Committee Chair Michelle Welsh

presented the second annual Dick Criley

Award for outstanding Chapter activism to

the North Peninsula Chapter for its tireless

work on the public defender system in San

Mateo County.

Field Director Lisa Maldonado organized

the Conference with help from the

Conference Planning Committee: Sam

Freund of the Santa Clara Valley Chapter,

Clint Mitchell of the San Francisco Chapter,

Debra Glenn-Rogers of the Lesbian, Gay,

Bisexual, Transgender, Intersex Chapter, and

ee @(c)eee06080008006086

oe alate

ae ae sb a eo 8

aon!

eo)

=

PN Be ae ee XY ee

Lucas Guttentag, Dorothy Ehrlich and Margaret Crosby (right to left) warned of the

ROBERT STERN

dangers to immigrants and dissenters during the "War on Terrorism."

King Downing, Fadi Saba, `Arnoldo Garcia and Margaret Russell (left to right) address

N

ROBERT STER

the plenary on racial profiling in the wake of the September 11 attacks.

Michelle Welsh of the Monterey Chapter.

Program Assistant Cheryl Artuz headed up

the Conference Crew, which included Catrina

Roallos, Winona Reyes, Ali Malakooti, Marya

Draw, Jocelyn Wickers, and Andy Lurie.

Maldonado extended special thanks to

ACLU-NC Executive Director Dorothy

Ehrlich and Field Committee Chair

Michelle Welsh for their direction in reorga-

nizing the conference agenda in the wake of

the September 11 attacks; and to Fadi Saba,

@8@020800080

Lucas Guttentag, Margaret Crosby and John

Crew for their flexibility and for changing

their schedules just days before the confer-

ence so that they could speak.

At the end of the day, conference atten-

dees were able to relax for a moment at a

wine and cheese reception, enhanced by the

jazz sounds of "Lee Bloom and Friends." and

Andy Lurie is an intern in the Public

Information Department

@(c)8@S8GGO8S8BOO8SSSHOSCEHEHOSESESTHOSH88FH8SEE8