vol. 65, no. 3

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aclu news

May-JuNE 2001

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San Francisco, CA

National ACLU Selects Romero

as New Executive Director

he National Board of the American

ik Liberties Union voted unani-

mously in April to appoint Anthony

D. Romero, a Ford Foundation executive

and public interest attorney, as the sixth

executive director in the institution's 81-

year history.

- "Thope to begin my tenure as the leader

of this vitally important organization by

sparking a new dialogue about the bedrock

values.of American democracy," said the 35-

year-old Romero. "My overarching goal is to

promote a new generation of committed civ-

il libertarians and civil rights activists."

"Even though we have come so far,"

Romero said, "our nation faces serious and

continuing civil liberties challenges - wide-

spread racial profiling, threats to reproduc-

tive freedom, hostility to immigrants, a

burgeoning prison population and, most

importantly, a generation of young people

who do not fully embrace or appreciate the

need for constant vigilance and defense of

our constitutional freedoms."

Romero also said that he is eager to

explore the impact of science and new tech-

nologies on freedom of expression, privacy

and discrimination. "The ACLU must do as

much for the future as it does for the pre-

sent," he said.

First LATINO TO HEAD

NATIONAL ORGANIZATION

"Leading the ACLU will be a life's dream

and aspiration come true," added Romero,

who becomes the first Latino and openly

gay man to head the ACLU.

ACLU President Nadine Strossen, who

led a 14-member committee that recom-

mended Romero, called him "brilliant, ded-

icated, determined, diligent, resourceful

and successful."

"Anthony is an idealist, bold and cre-

. ative in his vision and strategy, but skeptical

and realistic in his tactics," Strossen said.

"His career exemplifies the adage that those

who prepare for opportunities are the most

likely to discover or create them."

Romero has worked at the Ford

Foundation for almost a decade. He is cur-

rently the Director of Human Rights and

International Cooperation, which is the

foundation's largest program with $90 mil-

lion in grants last year. He joined Ford in

1992 as a program officer in the Rights and

Social Justice Program and, after less than

four years, was promoted to become the one

of the youngest Directors in Ford's history.

Before joining Ford, Romero worked at

the Rockefeller Foundation. Born in the

Bronx of immigrant Puerto Rican parents,

he is fluent in Spanish. Romero, who is the

first in his family to complete high school,

graduated from Stanford Law School and

Princeton University.

Romero said that his commitment to

civil rights, civil liberties and social justice

comes from his life experience. "My memo-

ries of discrimination, homophobia and

poverty stand in sharp contrast to the dig-

nity and love I got from my family," he said.

|: Director since 1978.

Romero will take

the helm of the ACLU

from Ira Glasser, who

has served as Executive

During Glasser's 28-

year tenure, the ACLU

remade itself into a tru-

ly national organiza-

tion, with expanded

legal and legislative

programs, a powerful

communications pro-

gram, a growing $30

million endowment, a

strong management

system and _ staffed

offices covering every

state as well as the

District of Columbia

and Puerto Rico.

"The ACLU

Executive Director is

the conductor of an

often-brassy orches-

tra," Glasser said. "He

does not need to play

all the instruments,

but must be able to

envision, organize and lead the perfor-

mance.! am confident that Anthony

Romero is the best person to be the

ACLU's next conductor."

As part of his vision for the ACLU,

Romero said that he would work to

increase, diversify and better utilize the

ACLU membership and strengthen its affil-

_iate offices. "The ACLU is the only organi-

zation that can serve as a wholesale

bulwark against attacks on our civil liber-

ties," he said.

Courtesy: NATIONAL ACLU

. New National ACLU Executive Director

"While most civil rights and civil liber-

ties organizations focus on a specific issue

or a particular constituency," he said, "the

ACLU is the only organization that defends

all of our constitutional liberties and the

rights of all Americans."

Most of our cases," Romero said, "come

to us from ordinary people who need the

ACLU because they have been denied basic

rights guaranteed under our Constitution.

They need our help to fight back."

Continued on page 7

Religious Groups

Challenge Governor

Davis's No Parole Policy

BY STELLA RICHARDSON

PuBLic INFORMATION ASSOCIATE

n April 18, three religious denomi-

nations, represented by the ACLU ~

affiliates of Northern and Southern

California, and the law offices of Latham and

Watkins filed a friend-of-the-court brief in

support of Robert Rosenkrantz, who is

challenging in court Governor Davis' deci-

sion to deny him parole. The religious

groups, along with Albert M. Leddy, former

Chairman of the California Board of Prison

Terms, say that Rosenkrantz is a victim of

Governor Davis's no parole policy that vio-

lates state and federal law. The religious

groups include the California Council of

Churches, the Board of Rabbis of Northern

California, and the California Province of

the Society of Jesus. The brief was filed in

Los Angeles Superior Court.

Inside: Dangers of DNA Databank - page 4

"We urge Governor Davis to reconsid-

er his policy of refusing to release inmates

convicted of murder who have been rec-

ommended for parole and are not consid-

ered a danger to society," said Scott

Anderson of the California Council of

Churches. "The Governor's no parole poli-

cy takes away any incentive for rehabilita-

tion and reform and only increases the

prisoner's despair and hopelessness. The |

policy robs society of those inmates who

are rehabilitated, remorseful and repen-

tant and who want to return as productive

members to their communities. Mr.

Rosenkrantz is such a man."

Rosenkrantz is considered a model

prisoner who has the support of several

members of the legislature, the judge who

_ sentenced him, and a member of the vic-

tim's family. Rosenkrantz was convicted of

second-degree murder in 1985. Since his

Continued on page 3

California Highway Patrol Halts Consent Searches.

~ New DWB BILL Passes First HURDLE

BY STELLA RICHARDSON

proportionate searches of Latinos and ing whom to stop, detain, interrogate or

PuBLIC INFORMATION ASSOCIATE

he California Highway Patrol (CHP)

issued an order on April 19 to all

CHP commanders mandating a six-

month moratorium on consent searches,

following a review of data that revealed

that Latinos were about three times as

likely as whites to be searched by CHP

drug-interdiction officers in the Central

and Coastal areas. African Americans were

approximately twice as likely to be

searched. Consent searches are when an

officer asks and receives permission to

look through a vehicle even though there is

no probable cause to justify the intrusion.

In November 1999, the ACLU-NC filed a

class action lawsuit, Rodriguez v.

California Highway Patrol, in federal dis-

trict court in San Jose on behalf of the

NAACP, LULAC, and three victims of racial

profiling challenging the CHP's discrimina-

tory drug interdiction program then known

as Operation Pipeline. Data about the dis-

African Americans was obtained through

discovery in the case. In addition, the CHP |

drafted a report in July 2000 showing that

Latinos were the

| NEw Data COLLECTION BILL |

Earlier this year, Assembly Member Marco

Firebaugh (D-E. Los Angeles) introduced

SB 788, a new racial profiling bill that

search (except where there is a specific

suspect description that identifies a sus-

pect by race). The bill also seeks

most likely racial

or ethnic group to

be searched when

innocent, and

released with a

verbal warning.

"We applaud

Latinos are three times as likely as whites to be

searched by CHP drug-interdiction officers in the

Central and Coastal areas.

the CHP's deci-

sion to issue a moratorium on consent

searches as a positive first step in ending

racial profiling," said Michelle Alexander,

Director of the ACLU-NC Racial Justice

Project. "We sincerely hope that the CHP

will permanently ban consent searches.

Law enforcement officers should not be

searching people without probable cause.

Innocent people, particularly motorists of

color, are routinely intimidated into giving

consent to search their vehicles when they

have done nothing wrong."

ACLU Challenges

California Voting

System

he ACLU affiliates of Southern

California, Northern California, and

- San Diego joined forces on behalf of

the AFL-CIO, the Southern Christian.

Leadership Conference, the Southwest

VoterRegistration and Education Project,

Common Cause,

Federation of San Diego County to chal-

lenge California's flawed and discrimina-

tory voting system. In a suit filed on April

18 in U.S. District Court in Los Angeles,

the ACLU argues that California's hodge-

podge of voting systems creates unaccept-

ably discriminatory results in violation of

the U.S. Constitution and that its lack of

legally binding standards for recounts

aggravates these uncon-

and the Chicano -

"Pre-scored punch card machines pro-

duce disproportionately high rates of

two types of errors: undervoting and over-

voting," explained ACLU-NC Managing

Attorney Alan Schlosser. In overvoting ,

the machine reads more than one vote,

thus disqualifying the vote; in undervoting,

the machine fails to read any vote. The

combined undervote and overvote, or error

rate, averaged 2.23% for counties using

pre-scored punch card machines - more

than twice the error rate for any other type

of machine or system used in other

California counties, and nearly four times

the error rate of Riverside County's touch-

screen voting machines,

According to one

stitutional disparities.

The suit focuses on

the disparities between

counties using the now-

notorious _ pre-scored

punch card voting sys-

tems and those using

other, more reliable sys-

tems.

"California

could become

the next

Florida."

recent study, only 58.3% of

white voters resided in

counties using the sub-

standard punch card sys-

tems, whereas 80.8% of

African American voters

and 66.6% of Latino voters

reside in those counties.

"Our organization

"Our democracy has

been left hanging by a chad," said Dan

Tokaji, ACLU-SC staff attorney. "Under our

Constitution, every vote should be count-

ed, regardless of where a person lives or

the color of his or her skin. Unfortunately,

that is not true in California, thanks to out-

dated equipment which is the voting equiv-

alent of a horse and buggy. Unless the State

takes action, California could become the

next Florida."

INACCURATE COUNT

At the time of the November 2000 elec-

tion, 8.4 million people were registered to

vote in counties - including Alameda,

Santa Clara and Los Angeles - that used

pre-scored punch card technology; over

5.9 million people - 53.4% of voters

statewide - actually voted in the

November election using a pre-scored

punch card system, and over 132,000 of

those votes were not counted or were

counted inaccurately.

rests its work on the

premise that voting is the key to participat-

ing fully in our nation's civic life," said

Antonio Gonzalez, President of the

Southwest Voter Registration Education

Project, "and that premise, in turn, rests on

the fundamental principle of democracy:

that each vote is equal and that no vote is

valued less than any other. We tell our com-

munity, `Su voto es su voz, or `Your vote is

your voice.' But California, by relying on an

inadequate system, blocks out the legiti-

mate voices of thousands of voters, voters

who have taken the trouble to fulfill their

civic duties."

The California lawsuit is the fourth

such suit that the ACLU and its affiliates

have filed since the November 2000 elec-

tion; the organization filed suits in Florida,

Georgia, and Illinois earlier this year. In all

four cases, the ACLU targets the discrep-

ancies created by the use of the pre-scored

punch card system in some areas and less

error-prone systems in other areas.

ACLU News = May-June 2001 = Pace 2

would mandate statewide data collection

for all law enforcement agencies. Only

about 70 of the state's 385 law enforce-

ment agencies voluntarily collect any data

on racial profiling, and less than 10 are

collecting the essential elements of data

necessary to determine whether racial

profiling exists.

"The CHP data motivated that agency

to issue a moratorium on consent search-

es," said Alexander. "Their action truly

underscores why mandatory data collec-

tion is so important - it is the first step in

identifying the illegal practice of racial

profiling by law enforcement."

The bill would make it illegal for law

enforcement officers to rely on race "in any

fashion" and "to any degree" when decid-

statewide mandatory data collection, and

restricts the funding that is available to

support voluntary data collection efforts

to those agencies that are already col-

lecting the essential data described in

the new bill.

The measure was approved by the

Assembly Public Safety Committee on -

April 17; it will go to the Assembly

Appropriations Committee for May.

The bill is also sponsored by

Assembly Members Jerome Horton (D-

Inglewood), Carl Washington (D-

Paramount), Gil Cedillo (D-Los

Angeles), and Edward Chavez (D-La

Puente). The racial profiling bill also

has widespread support among civil

rights organizations, unions, churches,

and grassroots organizations. Hi

Court Halts Governor's

Attempt to Thwart

ACLU Education Lawsuit

he San Francisco Superior Court on

April 11 handed a substantial victory

to the coalition of civil rights groups

that is fighting to reform California's failed

and inequitable school system in the land-

mark, statewide education lawsuit,

Williams v. State of California.

The ACLU lawsuit was originally filed in

May 2000 on behalf of 100 students and their -

parents in 18 school districts where there is

a lack of textbooks, credentialed teachers

and a clean, safe learning environment.

In response, the Governor filed a

smokescreen cross-complaint, in which

the State attempted to blame individual

school districts rather than acknowledge

any responsibility for its own system. The

Court severed that suit from Williams v.

State of California and put off any proceed-

ings on it until Williams is decided.

"This is a tremendous victory for plain-

tiffs," said John Affeldt of Public

Advocates, Inc., who argued the motion.

"Now we will be focusing exclusively on the

State's failure to establish an effective sys-

tem of oversight which delivers fundamen-

tal educational tools to students in the

state."

"The Judge's order will allow school

children to get the real relief they need as

quickly as possible without a needless fin-

ger-pointing exercise against school dis-

tricts that cannot themselves do what the

state should have done in the first place."

said Michael Jacobs, a partner at

Morrison and Foerster, pro bono co-counsel

in the case.

"The State tried to pass the buck to

school districts," said Michelle Alexander,

Director of the ACLU-NC Racial Justice

Project, but the Judge put the buck right

back where it belongs - in the pocket of

the state."

The Court also denied the State's

motion for summary judgment on a group

of plaintiffs from Cloverdale, whose

classrooms routinely reach unbearably

high temperatures.

crowd of more than 200

friends of the ACLU came to

celebrate the extraordinary

contributions of three departing

veteran ACLU staff members -

Ed Chen, who served as staff coun-

sel for sixteen years, and was

recently appointed as a Federal

Magistrate Judge for the District

Court; John Crew, the Director of

the ACLU-NC Police Practices

Project for 15 years, and Elaine

Elinson, the ACLU-NC Public

Information Director for twenty

years, and Editor of the ACLU

News. Elinson's future writing

endeavors will move her from non-

fiction to fiction.

While their individual efforts

were applauded by many speakers,

including ACLU-NC Board Chair

Margaret Russell and long time

civil rights activist Eva Paterson,

the three honorees

Departing staff members (left to right) Elaine Elinson,

Public Information Director, Ed Chen, staff attorney,

and John Crew, Police Practices Project Director,

showed their appreciation for a dazzling send-off by the

Board and staff.

An all-staff chorus, including (left to right) Michelle Alexander, Alan Schlosser and Jocelyn Wicker sere-

attributed naded the departing staffers with a medley composed by staff attorney Margaret Crosby (not pictured ).

PHOTOS BY SUSANA MILLMAN

their achievements at the ACLU-NC to

their collaboration with colleagues on

the staff and the incredible support of

the ACLU-NC Board and membership.

"These three staff members have

made an indelible mark on the organi-

zation," said ACLU-NC Executive

Director Dorothy Ehrlich. "It is impos-

sible to measure the collective impact

they have made on the battle for civil

liberties in northern California."

One hopeful note was Ehrlich's

suggestion that John Crew, who

plans to take a long leave of absence,

may return someday. In the mean-

time searches are being planned to

replace these three remarkable staff

members.

The honorees were feted with

original songs and presented with

hand blown bowls by ACLU resident

glass artist, Nancy Otto, Director of

the Friedman First Amendment

Education Project. .

Religious Groups...

Continued from page |

imprisonment, the 33-year-old Rosenkrantz

has become a computer expert, and has

received several job offers. He completed

therapy and has had a spotless record since

he's been at the state's medium-security

prison in San Luis Obispo.

BLANKET POLICY

"Governor Davis's blanket policy of no parole

for all those who have committed murder is

clearly unconstitutional and unlawful," said

Will Barnett Fitton of the law firm Latham and

Watkins. "The Governor's policy does not

consider all of the individual's characteris-

tics 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."

Governor Davis has clearly declared

that he has a no parole policy. In April

1999, Davis told the Los Angeles Times

and the Sacramento Bee that "if you take

someone else's life, forget it (parole)."

That same year, the Board of Prison

Terms held nearly 2,000 parole hearings

for those serving life terms. The Board

determined that only 16 were suitable for

parole. In every case, Governor Davis

reversed or recommended against

parole. In 2000, the Board conducted a

similar number of hearings, and deemed

only 19 lifers suitable for parole.

onciliation and renewal. The Governor's no

parole policy violates this very principle."

FORMER COMMISSIONER

Albert Leddy, who served for nine years as

a member, Commissioner and then

Chairman of the California Board of

Prison Terms from 1988-1992, said, "The

Governor's policy of denying parole to all

prisoners who have committed murder

eliminates hope and motive for improve-

ment and creates increased tension with-

"The Governor may have the final

word, but he is not above the law."

Governor Davis has reversed or recom-

mended against parole in every instance

last year except one.

"We are anxious to preserve the integri-

ty of the state parole system," said Rabbi

David Teitelbaum, of the Board of Rabbis of

Northern California. "The state parole sys-

tem is based on the principle of human rec-

ACLU News = May-June 2001 = Pace 3

in the state's prison walls. If an inmate

has no hope of being released, then why

should he respect the rules and regula-

tions 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."

"A `get tough on criminals' stance may

have political appeal, but the Governor's

blanket policy denies inmates the individu-

alized consideration that they are entitled

to under due process of law," said Alan

Schlosser, ACLU-NC Managing Attorney.

"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."

In a letter to Governor Davis last

October, Cardinal Roger Mahony,

Archbishop of Los Angeles, urged the

Governor to reconsider his no parole poli-

cy based on the extensive visits made by

Bishops to California's prisons. In the

October 25, 2000 letter, the Archbishop

wrote "The concern that has arisen

repeatedly throughout these visits is the

policy of your administration to deny

parole to inmates with term-to-life sen-

tences against the recommendations of

your Parole Board. I would ask you to

reconsider your policy that takes away

the only real incentive inmates currently

have to commit themselves to genuine

rehabilitation."

OES TEE See TE!

DNA Databank, Death Penalty and Disability

BY VALERIA SMALL NAVARRO AND

FRANCISCO LOBACO

ACLU LEGISLATIVE OFFICE

Don't worry, it's just like a fingerprint...

ne of the sourest notes of irony this

Q legislative session came when the

`ACLU found out that Attorney

General Bill Lockyer - known for his champi-

oning of First Amendment and privacy rights

-was planning to sponsor a bill to add people

convicted of any felony to the California DNA

`databanks. Any felony meant just that: any

felony including drug crimes for which treat-

ment would be provided under Proposition

36, petty theft with a prior, voting fraud, and

hunting with a revoked or suspended license,

and on and on.

General Lockyer sponsored a bill (AB 678,

Migden, D-San Francisco) that added peo-

ple who are convicted of burglary, robbery,

arson, or carjacking and the attempt to do

any of them to the list of people who must

put their DNA to the state's databank.

California's current DNA databank law

provides for the drawing and storage of

DNA from people who have been convicted

_of sex crimes and other violent crimes

against people. The ACLU opposes the

creation of DNA databanks on the basis

that the non-consensual extraction of

blood or saliva from individuals by the gov-

ernment violates the Fourth Amendment.

Warrantless searches are presumptively

another recognized exception to the war-

rant requirement. The Ninth Circuit has

held that a search warrant is not required

for DNA testing of convicted murderers

and sex offenders, because convicts do not

have a legitimate expectation of privacy,

because the drawing of blood is minimally

`justified by "law enforcement purposes."

However, the U.S. Supreme Court last year,

in a case invalidating vehicle checkpoint

searches (/ndianapolis v. Edmond), held

that in order for the government to conduct

suspicionless, warrantless searches its

interest must go "beyond a general interest

in crime control." Furthermore, the

Supreme Court has never held that blood

extractions are "minimally intrusive;" to the

- contrary, it has affirmed that that all intru-

sions into the human body BhLLUe "deep

rooted expectations of privacy."

While the Ninth Circuit has allowed

DNA samples to be taken in the case of the

most heinous offenses where there is sub-

stantial personal contact (not including

property crimes), when the likelihood of

types of evidence from which DNA informa-

tion can be derived (such as blood, semen,

saliva, and hair), it has never done so for

those convicted of property crimes of crimes

for which there is not evidence of a high rate

of recidivism. Expanding the database to

include DNA from an ever-wider range of

felons puts us on a dangerous slippery slope.

SAMPLES FROM EVERYONE?

Of course, one could claim that the DNA

database would be even more effective if

samples were taken from every civilian,

but such a policy would represent a fla-

grant violation of our privacy rights. New

York Mayor Rudy Giuliani has already said

he would support the collection of DNA

samples from all babies at birth.

When all was said and done, Attorney |

CEE eee eee eee econo eeeeeee eee eae

Rights Top = Agenda

Paul Anderson

While today's government may guard

against misuse and disclosure of such

information, tomorrow's may not.

unreasonable absent an emergency or

intrusive and because DNA data banks are

recidivism is particularly high, and where it

is more likely that the crimes will yield the (c)

Moreover, DNA contains the genetic

history of an entire family - not just a con-

victed felon. DNA samples contain family

genetic information on breast cancer and

other types of illnesses, not to mention

that as technology becomes more sophisti-

cated we may find the gene for Alzheimer's

or alcoholism. Why should the government

keep a warehouse of intensely personal -

' information about innocent people?

As National ACLU Associate Director

Barry Steinhardt testified before the

National Commission on the Future of

DNA Evidence, "While the FBI would like

us to believe that the samples will never be

used for anything besides catching crimi-

nals, the sad truth is that unless the sam-

ples are destroyed, at some point they will

- be used improperly. " While today's govern-

ment may guard against misuse and disclo-

sure of such information, tomorrow's may

not - especially when presented with mul-

tiple uses of such information (some of

which may not yet be apparent). The only

thing that currently stands between use

and misuse of DNA samples in California

law is an almost toothless statute that pro-

vides: "Any person who knowingly discloses'

DNA or other forensic identification infor-

`mation developed pursuant to this section

to an unauthorized individual or agency, or

for other than identification purposes or

purposes of parole or probation supervi-

sion, is guilty of a misdemeanor." (Penal

Code section 299.5(g).)

Before we could begin to accept the

pabulum, "don't worry, it's just like a fin-

gerprint" we'd like to see the Department

of Justice destroy the biological and use

only the DNA profile, the actual equivalent

of a fingerprint.

The Los Angeles Times has reported that

in Los Angeles and Costa Mesa police in

murder investigations have already encour-

aged innocent people to volunteer to DNA

samples, in one case. "transforming a con-

ventional murder probe into one of the

longest-running genetic dragnets launched

in the United States." Although inviduals

are asked for their consent, "anyone who

refuses to give a sample runs the risk of

becoming a suspect," the Times noted.

BAN ON. EXECUTIONS OF THE

MENTALLY RETARDED

The ACLU is co-sponsoring legislation that

would ban the execution of the mentally

retarded in California. AB 1512 (Aroner-

D) is an effort to join the ever-growing list

of states (fourteen states and the federal

government) that have concluded that the

execution of the mentally retarded is unac-

ceptable in a civilized society and serves

no valid purpose. (There are an additional

12 states that have no death penalty

statutes. )

The ACLU opposes the death penalty

under all circumstances. However, capital

trials of the mentally retarded pose a par-

ticularly high risk of miscarriage of justice.

As stated by the Association for Retarded

Citizens: "the presence of retardation rais-

es so many possibilities of miscommunica-

tion, misinformation and inadequate

defense that imposition of the death penal-

ty is unacceptable."

The United States is one of only two

countries (Kyrgyzstan, the other ) that prac-

tice the execution of people with mental

retardation. Currently, at least 108 coun-

tries prohibit by law or in practice the exe- -

cution of people with mental retardation.

Numerous opinion polls have shown

that the public overwhelmingly feels that

the mentally retarded should not be eligible

for the death penalty. In a 1997 California

Field poll 71% opposed the death penalty

for those with mental retardation.

AB 1512 has passed the Assembly

Public Safety Committee and is expected

to be voted on by the Assembly in late May.

Civit RIGHTS PROTECTIONS

Under the mantra of "state's rights" the

United States Supreme Court in recent

years has expanded the scope of states'

sovereign immunity and limited the ability

of workers, people with disabilities, and

older Americans to sue the states for viola-

tions of federal laws. The Supreme Court

has made clear, however, that states can

choose to ensure that its citizens are pro-

Continued on page 8

REC the Date

Thursday, July 19

6-8 PM

On the FrontLine

Reception

Honoring

Ambassador James C.Hormel

Ambassador Hormel,a longtime supporter of the ACLU, gave the gift 15 years ago

that founded the national ACLU Lesbian and Gay Rights/AIDS Project. He was

nominated Ambassador to Luxembourg by President Bill Clinton, and, after an

extended battle in the Senate courageously facing homophobic and anti-civil liber-

ties forces, he was confirmed and served as Ambassador from 1999-2000.

National Maritime Museum

890 Beach Street, San Francisco

The FrontLine Campaign is a collaborative effort between the ACLU-NC and the national ACLU

Lesbian and Gay Rights/AIDS Project. Donors' gifts to the FrontLine are shared equally. Half sup-

ports the general efforts of the ACLU Foundation in Northern California to preserve everyone's

rights. The other half supports the Project to ensure the protection of lesbian, gay, bisexual, and

transgendered people, and the rights of people with HIV and AIDS nationwide.

ACLU News = May-June 2001 o ee 4)

Gabe Martinez Wins

ACLU Scholarship for

Youth Activism

tion this month, Alhambra High School

senior Gabriel Martinez is working on

a very important project - he is leading a

student walkout to protest the school

-superintendent's firing of the principal,

without telling the students why.

Activism seems to come naturally to

Martinez, a leader with the Youth Advisory

Committee of the ACLU-NC Howard A.

Friedman First Amendment Education

Project. And it has its rewards. Martinez

has just been named as one of 12 high

school seniors nationwide to be awarded

the ACLU College Scholarship for Youth

Activism Award, worth $4,000.

The scholarship was established by the

national ACLU with a grant from an anony-

mous donor to recognize the efforts of

graduating seniors who have demonstrat-

ed a strong commitment to civil liberties

throughout high school.

Martinez came to the ACLU Howard

A. Friedman Education Project as a

sophomore, when he joined the summer

field investigation on homelessness.

Follow-ing the trip, Martinez spoke in

high school classrooms all over northern

California. "He was often surrounded by

students who wanted to ask him more

questions," said Project Director Nancy

Otto. "I watched as he patiently offered

his point of view, and allowed students

the dignity to differ with his opinion. He

is an amazing teacher."

While earning top grades at Alhambra

High School in Martinez, Martinez also

served on the ACLU's Youth Advisory

Committee, volunteered his time to work

| n addition to preparing for his gradua-

Gabriel Martinez

on ACLU initiative campaigns, and served

as president of his school's ACLU Club.

"Tam a strong believer in the power of

activism in effecting social change," said

Martinez, "so I frequently go to protests,

rallies and death-row vigils. The fight for

justice cannot stop at concepts; it is essen-

tial that I apply what I learn to my actions."

Last spring, Martinez focused his ener-

gies on the campaign to defeat Proposition

21, the initiative that called for increased

incarceration of young people, and the -

increased prosecution of youths as adults.

During ACLU conferences, Martinez

planned and facilitated debates about

Prop. 21 - and played a leading role in a

Continued on page 8

LOCKED IN, LOCKED OUT

Student Art Links

Internment to

Today's Battles

nthe Day of Remembrance, Sunday,

QO February 18, 9 high school students

were awarded for their creative

work linking the internment of Japanese

Americans during World War II to today's

civil liberties battles. At an awards cere-

mony at the Kabuki Theatre in San

`Francisco's Japantown, Rosalyn Tonai,

Executive Director of the Japanese

American Historical Society, presented the -

awards on behalf of the Society and the

ACLU of Northern California.

"The ACLU legal challenge to the

internment is a key part of our affiliate's

history," said ACLU-NC Executive Director

Dorothy Ehrlich. "And our projects to edu-

cate young people about their rights are a

crucial component of our current work.

We are proud to co-sponsor this arts com-

petition with the Japanese American

Historical Society, as it brings our past, our

present and the future together."

The students were also featured at an

awards ceremony at the state Capitol in

Sacramento on May 10. There they were

joined by state historian Kevin Starr and

ACLU-NC Friedman Project Director

Nancy Otto. _

The winners in the Essay section are:

Lauren Hashimoto, 16, Castro Valley High

School , " Not So Free," Jessica Diaz, 17,

Analy High School (Rohnert Park), "The

Monster Under the Bed," and Marissa G.

Mendoza, 17, Soquel High School, "Fear in

America."

The winners in Visual Art are: Zephyr

Yokoya Roos, 16, Santa Cruz High School,

_ "Live Wire;" Sharon Hing, 16, University

High School (San Francisco); "60,000

Metamorphoses;" and Jesus Garcia, 17,

Challenge to Learning High School (San

Franciso), "Internment Camp: Arizona."

The winners for Poetry are: Kalia

Lydgate, 15, Soquel High School, "The

Bird Still Sings;" Terence Kitada, 17,

Menlo-Atherton High School, "Trapped;"

and Nathan Kitada, 17, Menlo-Atherton

High School, Monologue from "Fighting

the Enemy."

"We feel it is important to encourage

students to think creatively about

Japanese American WWII internment -

the major breach in civil rights that this

represents, and its continuing relevance

to their own civil rights and to the rights

of those around them. In this way, we

hope to help them reflect on their own

responsibility for the preservation of jus-

tice in the United States," said Tonai.

The students were awarded cash

prizes of $500, $300, and $100 for first,

second and third place honors. The con-

test was supported by the California Civil

Liberties Public Education Fund. @

Student Conference

"Awakened the

Activist in All of Us"

- BY JOEY WILLHITE

n the campus of San Jose State

University on March 29, the audience

for the ACLU-NC Say What??!! Spring

Conference was pregnant with vision and

insight, the ideas of youth activists and

conference participants were nourished,

and eyes were opened.

More than 800 students from schools

all over northern California filed through

the hallways of the student union, with

anticipation. Some were there for the first

time, others were back for the second or

third. They were greeted by Firme, a Latin

ska band from San Jose, and the quartet,

Baktun 12, whose spoken word sketches

and poetry about government manipula-

tion and drug fixation were enough to

awaken the activist in all of us.

ACL U-NC Youth Advisory Committee members - including ( left to right) Luis

before being cleared of all charges. "Even

when I was on death row I was all for it.

Then one of my friends was executed and

the world was not a better place...there was

no reason for it."

Wilhoit told the story of his trial and his

change of heart toward state sanctioned

murders. "I lived that life," he said. "I was

for [the death penalty], now I'm not." And

then he asked the audience to share their

opinions on the death penalty.

Paired with the speakers, information

from a youth perspective was provided by

members of the ACLU's Youth Advisory

Committee (YAC) of the Friedman

Education Project, who facilitated all of

the workshops.

"You have to take as much out of it as

you can," said Chelsie Osenga, a student at

San Lorenzo Valley High School. "If I

wouldn't have come to the conference that

Martinez, Viviane Scott, Lani Riccobuono and Salina Lam - organized and led ses-

sions at the March student conference in San Jose.

The students heard from a panel of four

students who have fought against injus-

tices on their school campuses. George

Loomis, encountered some of the most hor-

rific degradation at Golden West High

School in Visalia because of his sexual ori-

entation. This brutal harassment not only

came from students who spit on him, but

also from a teacher, who taunted him and

called him a "faggot" in class.

The crowd gave Loomis a standing ova-

tion. His courage and inspiration made a

perfect segway into the two sessions of

workshops that followed, many of which

dealt with discrimination. Workshops such

as State Sanctioned Murder, Prisoners'

Rights, GLBTQ Rights and Resources,

Tracking in Schools, and United or Divided:

Is Your School Promoting Cultural

Awareness? and Clinic Rights gave stu-

dents insights into the criminal justice sys-

tem and disparities in educational

opportunities. :

Students at the workshop on State

Sanctioned Murder had the rare opportu-

nity of hearing a former Death Row inmate

who had been exonerated and released. "I

use to be real big on the death penalty,"

said Greg Wilhoit, who spent 8 years in

Cellblock 13 of Oklahoma's death row

ACLU News = May-June 2001 = Pace 5

day, | wouldn't have...realized the support I

had." Osenga noted that the students were

exposed to-a wide range of topics and

heard of so many experiences including the

organizing of a walk-out at Alhambra High

School and the fight against censorship of

student publications. "On the way home in

the car, I was talking with fellow students

and we realized what rights we had,"

Osenga said.

The conference closed with spoken

word from a group of youth from the Log

Cabin Ranch juvenile detention center

and an electrifying performance by YAC

member Badru Gardner, a semi-finalist in

the Bay Area Youth Speaks spoken word

competition.

"If students left the conference

informed of their constitutional rights, and

knowing that they do not relinquish those

rights at school, then we have accom-

plished our goal," said YAC member Dan

Fitzpatrick from Bullard High School in

Fresno. "We hope that these students will

wake up their schools by asserting their

rights and preserving them." @

Joey Wilthite, a senior at Stagg High School

in Stockton, is a member of the ACLU-NC

Youth Advisory Committee.

Two who Complained about CHP Now

file complaints against police officers,

the Solano County District Attorney

criminally charged two flight attendants

with "falsely alleging police misconduct,"

after they filed a citizen's complaint against

a CHP officer. Kimberly Reed and Rita

Jamerson were criminally charged with vio-

lation of Penal Code 148.6 and arraigned in

Solano County Superior Court on April 4.

The statute, which only applies to citizen

complaints about police misconduct, makes

it a misdemeanor to file "any allegation of

misconduct against any peace

officer... knowing the allegation to be false."

"The ACLU believes that Penal Code

sec. 148.6 is unconstitutional, and we

intend to challenge it in this case as spe-

cial counsel for Ms. Reed and Ms.

Jamerson, said ACLU-NC Managing

Attorney Alan Schlosser.

The ACLU is representing Reed and

Jamerson because the organization values

the mechanism of citizen complaint as

crucial in maintaining police accountabili-

ty to the community, Schlosser explained.

l n a retaliatory move against those who

CHILLING EFFECT

"Giving police agencies the power to retali-

ate against citizen complainants with crimi-

nal prosecutions - coupled with the

statutory requirement that a warning about

possible criminal prosecutions be printed in

bold face on all complaint forms - plainly

has a chilling effect on the willingness of cit-

izens to speak out about police miscon-

duct," Schlosser explained. "It is critical

that the First Amendment right to petition

the government about grievances involving

police officers be protected."

On February 10, Reed and Jamerson

were driving on I-80 at 2:00 a.m. from the

San Francisco airport to their home in

Reno, Nevada after an eighteen-hour-work

day. They were stopped by a CHP officer

for speeding at 78 miles per hour.

According to Jamerson and Reed, the

officer was "mean, rude, and discourteous"

and made them feel "afraid." After the

encounter, which included Reed being sub-

jected to a drunken driving test,

Jamerson's husband sent a letter of com-

plaint to the CHP. The CHP responded by

sending official complaint forms, which

Reed and Jamerson then submitted.

Their complaint was investigated by a

CHP investigator who concluded that the

women's allegations were false. The CHP

then brought criminal charges against

both women for "falsely alleging police

misconduct."

"The freedom to criticize our govern-

ment is one of the most important founda-

tional elements of the First Amendment's

guarantee of freedom of speech," said

Leonard E. Oldwin, Jr., a Solano County

criminal defense attorney who, along with

Dan Russo, is representing Ms. Reed and

Ms. Jamerson. "The decision by the Solano

County District Attorney's office to file

criminal. charges against Rita Jamerson |

and Kimberly Reed is nothing less than a

Anthony Romero...

Continued from-page |

As to issues, Romero said, "first and

most importantly, the ACLU's commit-

ment to free speech must be undimin-

ished. From my work in countries such

as China and Kenya, I have come to

appreciate the central role of free

speech in securing other civil rights and

civil liberties. This is a core ACLU issue

that will require continued advocacy and

vigilance."

But he added that the other core ACLU

issues - including religious liberty, repro-

ductive freedom and women's rights, racial

Justice, immigrants' rights and lesbian and

gay equality - will also require increased

attention and resources.

Romero will start work at the ACLU's

national headquarters in lower Manhattan

in September. A native New Yorker, he lives

in Manhattan with his partner. Hf

-~ ACLU Supports

Probationer's 4th

Amendment Rights

n March 14th, the ACLU-NC filed

QO a friend-of-the-court brief in

People v. Moss a case involving the

constitutionality of a search by police of a

probationer's home. Nora Moss's home

was searched by police, without a war-

rant, even before they knew she was on

probation. As a condition of her proba-

tion, Moss had agreed to let the govern-

ment search her home without a search

warrant or probable cause that she com-

mitted a crime. The government has

argued that, because probationers have

"waived" their Fourth Amendment rights

against unreasonable search and seizure,

they are not entitled to any privacy in

their homes; therefore, the police do not

even have to know if the probationers are

subject to a search condition before

entering their homes.

Moss's defense counsel and the ACLU

counter that, at the very least, knowl-

edge of the probationary search condi-

tion is required before searching a pro-

bationer's home.

"This case is important because if this

`search first, ask questions later' policy is

upheld, the police will end up violating the

Fourth Amendment rights of a lot of inno-

cent people," said ACLU-NC staff attorney

Robert Kim. "Ifthe police are not required,

prior to searching a home, to know whether

somebody inside is subject to a search con-

dition, then they-will have an incentive to

enter anyone's home-including those of

people who are not on probation -with the

hope that, if a resident is on probation, the

otherwise illegal search is legal."

In the brief, the ACLU urges the

California Supreme Court to "guard stead- |

fastly against unintentionally stripping

innocent non-probationers - whether

those who live with probationers, or those

who live in areas where police suspect pro-

bationers may reside - of their privacy in

their own homes."

Tt ae ve ee a

Face Criminal Charges

cowardly assault by the government on this

basic and essential right."

Schlosser noted that the ACLU has been

greatly troubled by a statewide pattern of

retaliatory legal actions by law enforcement

officers directed against citizen com-

plainants. These retaliations have included

criminal charges under Penal Code section

148.6, and also civil lawsuits for damages

under Civil Code section 47.5. Like the

criminal code, Section 47.5 is a law that

gives police officers special rights to sue for

_damages when they claim that a citizen's

complaint is false. The ACLU is aware of

over twenty such legal actions in California.

CouRrT VICTORIES

The ACLU has recently brought two legal

challenges against Civil Code section 47.5.

In McCloskey v. Evans, the ACLU-NC rep-

resented a woman who was sued for dam-

ages by a San Francisco police officer after

she reported witnessing the officer kicking

a suspect. The damages case was quickly

dismissed by the officer, but a San

Francisco judge held that the case was

brought to chill free speech, and ordered

the officer to pay the woman's attorneys

fees in the amount of $52,000.

In Gritchen v. Collier, another ACLU

case, a federal district judge in Southern

California ruled in 1999 that "Section 47.5

has...(a chilling) effect, since it imposes

greater risk upon citizens who report

claimed police misconduct and thereby

discourage the filing of complaints." That

case was argued the Ninth Circuit Court of

Appeals on May 7 in Pasadena.

And in another ACLU case in south-

ern California, Hamilton v. City of San

Bernardino, U.S. District Court Judge

Robert Timlin held last August that Penal

Code section 148.6 "impermissibly dis-

criminates on the basis of the content of

speech which it criminalizes," thereby

violating the First Amendment. That

case is still pending in federal district

court in Riverside. @

San Quentin Vigil

e all num:

ROLY of Northen, Kaliioenia. ,

The Death

- Penalty is

Dead Wrong!

outside the gates of San Quentin. ACLU Marin County Chapter members Martin

(): a chilly March evening, opponents of capital punishment once again gathered

Roth (right) and June Swan (top right) kept a midnight vigil on March 26,

while inside, Robert Massie was executed by lethal injection.

The ACLU-NC mobilized activists for the anti-death penalty vigil, joining with the

Social Action Committee of the Unitarian Universalists of San Mateo to recruit and

transport supporters to the prison gates. Anti-death penalty advocates took a char-

tered bus from the ACLU office to San Quentin, watching a tape of an ABC special

report on the death penalty on the way. The bus was piled high with posters proclaim-

ing, "Don't Killin my Name", and "The Death Penalty is Dead Wrong," that were dis-

tributed to supporters.

Field Director Lisa Maldonado represented the ACLU-NC on the speakers' platform,

reminding the crowd that the once-isolated abolition movement is "gaining strength

every day, with moratorium proposals in several states and in Congress." As the mid-

night execution hour drew near, Native American drummers played, hoping that the

beating of their drums would comfort both those inside and outside the prison walls.

Glasser Guest at

Donors' Dinner

In his last San Francisco appearance as Executive Director of the ACLU, Ira Glasser

was the featured speaker at this year's ACLU-NC Benefactors Dinner, held at the City

Club of San Francisco on March 27. He is pictured here with ACLU-NC Chair Margaret

Russell (left) and Executive Director Dorothy Ehrlich.

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Mail to:

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Telephone: (415) 621-2493, extension 330.

Federal Court Affirms

that Gay Straight

Alliance Can Sue for

Civil Rights Violations

he ACLU successfully defeated a

motion to dismiss the Gay Straight

Alliance Network, a plaintiff in

Loomis v. Visalia Unified School District,

the federal civil rights lawsuit filed to chal-

lenge anti-gay harassment in the Visalia

Unified School District.

In a 44-page opinion issued on March

28, U.S. District Court judge Oliver Wanger

halted the District's attempt to eliminate

the Gay Straight Alliance Network, an

organization with chapters and members

all over California, including Fresno and

Visalia, from the lawsuit, stating that "the

harms sought to be redressed by GSA.

' Network on behalf of its members to

redress deprivation of education rights are

currently suffered by GSA Members and

-will continue to be suffered by GSA

Network members absent relief."

The opinion also stated that the GSA

Network had direct standing to sue for civil

rights violations because its purpose to

"end intolerance, discrimination, harass-

ment, and violence in schools" had been

frustrated, and because it had "committed

resources to advance goals which are

thwarted by the alleged policies of the

[ District]."

This is a victory on all counts," said

ACLU-NC staff attorney Robert Kim. "The

judge recognized that the GSA Network is

an integral part of this lawsuit. Its mem-

bers include a cross-section of the commu-

nity-gay and. straight, youth and

adults-all of whom are affected by the

hostile climate that pervades their school

system. Harassment and discrimination in

the Visalia schools affect everyone, not just

students perceived to be gay."

The judge also denied the District's

motion to dismiss, on technical grounds,

plaintiff George Loomis's civil rights claim

under the state Education Code from the

lawsuit. The Education Code provision,

In collections

ACLU-NC News: 2001

Details

Title: vol. 65, no. 3 (June, 2001)
Creator: American Civil Liberties Union of Northern California
Date: 2001 May-June
Identifier: ACLUN_0631
Genre: newspapers
Physical description: 40.5 x 28 cm
Publisher: San Francisco (Calif.): American Civil Liberties Union of Northern California
Preferred citation: ACLU of Northern California News vol. 65, no. 3, 2001 May-June; PER ACLUN; California Historical Society.
Rights statement: In Copyright
Publication rights: Copyright (or related rights to publicity and privacy) for materials in this collection, created by the American Civil Liberties Union of Northern California, was not transferred to the California Historical Society (CHS). Permission for reproduction or publication of materials in this collection beyond that allowed by fair use must be secured from the copyright holder.
Topical subject(s): Searches and seizures
Freedom of expression
Criminal justice
Capital punishment
HIV/AIDS
LGBTQ rights
Police practices
Japanese Americans--Incarceration, 1942-1945
Named subject(s): AFL-CIO
Alexander, Michelle
Crew, John
Ehrlich, Dorothy
Loomis, George
Korematsu, Fred
Maldonado, Lisa
Minami, Dale
Patel, Marilyn Hall
Paterson, Eva
Romero, Anthony
Russel, Margaret
Schlosser, Alan
Asian Law Caucus
California Highway Patrol
California. Board of Prison Terms
National Association for the Advancement of Colored People
United States. Federal Bureau of Investigation
Geographical subject(s): Sacramento (Calif.)
Monterey (Calif.)
San Quentin (Calif.)
Monterey County (Calif.)
Fresno (Calif.)
Oakland (Calif.)
Berkeley (Calif.)
Collection identifier: PER ACLUN