vol. 66, no. 4
Primary tabs
aC
Woitume LXVI
BY ANGILEE SHAH
ACLU INTERN
the country on June 4th, the ACLU is
charging four major airlines with dis-
criminating against passengers who were
ejected from flights for reasons wholly
unrelated to security.
The ACLU of Northern California
(ACLU-NC) and Relman and Associates, a
Washington, DC-based civil rights law firm,
filed suit in federal court in San Francisco
on behalf of Arshad Chowdhury, a 26-year-
old MBA student who was barred from
boarding a Northwest Airlines flight from
San Francisco to Pittsburgh last October
- after he had cleared security. The air-
line's refusal to allow Chowdhury to fly had
nothing to do with safety, the ACLU-NC
contends, but everything to do with some-
thing far more basic: his race and ethnicity.
The suit was filed on the same day as
the national ACLU and three other affili-
ates filed suits across the nation accusing
three more airlines of discriminating
against men who were removed from
flights after September 11th.
|: five sweeping lawsuits filed across
nation, not enforcing security," said Kelli
_ Evans of Relman and Associates." We are fil-
"In ejecting our clients from their |
flights or not permitting them to board, the |
airlines were engaging in illegal discrimi- |
lu news
ACLU Sues Major Airlines Over Discrimination
_ ACLU-NC plaintiff Arshad Chowdhury
to declare that the airlines' actions violate
the plaintiffs' civil rights and ask the court
to order that the airlines implement mea- |
sures to prevent future discrimination.
"We cannot allow the race-based fears -
of passengers and flight crews to trump the |
5 OU
assessment of trained law enforcement |
| professionals," said Jayashri Srikantiah of |
- the ACLU-NC. "In the future, these deci-
sions must be about security, not discrimi-
nation."
"We cannot allow the race-based fears of
passengers and flight crews to trump the
assessment of trained law enforcement
professionals."
- Jayashri Srikantiah
security considerations, not bias."
two of the five are of Arab descent. All are
ing this suit.to ensure that our clients will |
in the future be able to fly with the knowl- _
edge that flight crews are guided by proper |
All five plaintiffs had passed rigorous |
security checks, but were blocked when
other passengers or airline employees said -
they did not want them on board. Four of |
the passengers are United States citizens
and the fifth is a permanent legal resident;
of Asian or Middle Eastern appearance. In |
Chowdhury, who formerly worked for
an investment bank in and across the |
- General Bill Lockyer to protect Californians'
street from the World Trade Center, was
barred from boarding Northwest Airlines
Flight 342 returning home to Pittsburgh |
_ the ACLU urges Lockyer to "take immedi-
October 23rd, 2001. His battle began when |
ering practices carried out in this state -
after a weekend in San Francisco on
he heard his name announced over the
intercom at San Francisco Airport. After |
' enforcement officers - fully respect
_ Californians' state constitutional right to
| privacy." Some of the practices permitted
under the new guidelines violate the right
identifying himself to a gate agent and a
Northwest supervisor, Chowdhury learned
that the pilot found a "phonetic similarity"
| watch list. He complied with all security
_ Northwest. "I'm sorry, this won't make
_ sense, but you can't fly with us," an employ-
addition to Chowdhury's suit, which was |
filed in San Francisco, the suits were filed -
in Maryland, Los Angeles and New Jersey |
against American, United and Continental |
Airlines. The suits ask four federal courts |
| flight later the same day.
| eeks after U.S. Attorney General
John Ashcroft unilaterally loos-
| gathering guidelines that were designed to
| protect America's people from government |
_ overreach, the three ACLU affiliates of |
| FBI on these joint operations "deserve
_ immediate warning that state law - not
| Attorney General Ashcroft - defines what
' conduct is permissible within California."
Non-Profit
Organization
USS Postage
PAID
Permit No. 4424
San Francisco, CA
friends in the Bangladeshi community are
too scared to fly."
One month later, while trying to board
a US Air flight, Chowdhury discovered that
Northwest still had a security block on his
name. US Air removed the block.
"Pm sorry, this won't
make sense, but you
can't fly with us."
THE PLAINTIFFS
Assem Bayaa, 40, a U.S. citizen from
Long Beach, CA, ejected from United
Airlines Flight 10 (Los Angeles to New
York) on December 28, 2001. `J am here to
help ensure that what happened to me
does not happen to my children, to my
brothers and sisters and nephews and
nieces, or to anyone else who happens to (c)
have a different skin color or speaks with
an accent."
Edgardo Cureg, 34, a permanent legal
resident and a Ph.D candidate at the
University of South Florida was ejected
from Continental Flight 1218 (New Jersey
to Tampa) on December 31, 2001, along
with Michael Dasrath, whom he did not
know. "J will never again feel free to travel
in the future, because my basic right to
Continued on page 5
between his name and someone on their
checks, including being held for 40 min-
utes by four police officers, two FBI agents,
and two Northwest agents in front of 200
other passengers at the gate.
But security clearance from local and
federal professionals was not enough for
ee told him. The airline placed his name in
a database that allegedly includes the
names of known terrorists and did not
remove it despite his security clearance.
Chowdhury was permitted to fly on a US Air
"T love America intensely and was
deeply affected by the events of September
11th," said Chowdhury. "But the result of
this system is that my parents and my |
ACLU to Lockyer:
Protect our Privacy!
By STELLA RICHARDSON | "As we celebrate the 30th anniversary
MepIA RELATIONS DIRECTOR | of the state constitutional right to privacy,
| itis imperative that we remember why it
was created," said Mark Schlosberg, police
practices policy director for the ACLU-NC.
"It was created to protect Californians from
the kinds of law enforcement abuses that
occurred in the 1960s. That is why we urge
Attorney General Lockyer to uphold
Californians' right to privacy as federal and
state law enforcement agencies launch
their anti-terrorism investigations."
The letter was signed by the executive
directors of the ACLU of Northern
California, the ACLU of Southern
California and the ACLU of San Diego and
Imperial Counties. Together, the three
affiliates represent over 50,000 members.
The ACLU-NC is continuing its campaign to
preserve privacy by writing to police
departments that are participating in the |
Joint Terrorism Task Forces, urging them
not to violate Californians' rights.
ened decades-old intelligence- |
California are calling on state Attorney
constitutional privacy rights.
In an open letter dated July 2nd, 2002, |
ate steps to ensure that intelligence-gath-
whether by state, local or federal law
to privacy clause inserted by voters into the
state constitution in 1972.
"In short, California has drawn a line
with respect to privacy, political and asso-
ciational rights that government must not
cross even with the best of intentions," the
letter says. "Yet, some of the intelligence
practices now openly encouraged by the
new federal guidelines cross that long-
standing state line."
The federal government's greatly
expanded intelligence operations include
Joint Terrorism Task Forces throughout
California that include state and local offi-
cers working closely with the FBI. The let-
ter explains that officers working with the
You CAN HELP!
Join us in writing the Attorney General and
asking him to protect your constitutional
right to privacy. Address your letter to:
Attorney General Bill Lockyer, 1300 I
Street #1730, Sacramento, 94244 or fax it to
916-323-2137. For a sample letter, visit
www.aclunc.org/takeaction.html
WHAT'S INSIDE
New ACLU-NC Report:
Driving While Black or Brown
BY NICK OAKLEY
ACLU INTERN
he ACLU-NC may have a new best-
HL seller. Hot off the press comes a new
report that makes the case against
racial profiling and provides a roadmap for
change. Driving While Black or Brown- A
Report from the Highways, Trenches, and
Halls of Power in California tells the sto-
ries of Californians who have been stopped
by the police because of the color of their ,
Indivi uals profile in the epor
" ,..1 can't change the
color of my skin. He
used his badge to
insult me. It takes
something from you."
- Jose Lopez
Fremont, CA
skin. It charts the progress of the ACLU-NC
and our allies in working to establish vol-
untary programs for data collection on
race-based traffic stops. It exposes
Governor Davis' continued efforts to
thwart reform. And it outlines the way for-
ward on this crucial issue.
Visit www.aclunc.org/publications.html
to download this report or order copies
from the ACLU by calling Gigi Pandian,
415-621-2493.
Driving While Black or Brown: The
California DWB Report
"When you talk to your white friends about this
driving problem, they look at you funny because
their experience with the cops is just so different,
they don't know what you're talking about."
- Jason Marr, Vallejo, CA
SSSSSSESSSSSE SSP SF PFRERKRSRKERESSESSESSESSESSESESPSSCPSSHRFRRRRKRRKSESSSSSSSESSEESSESSESSSSSPSFFSFSRRKRFSSKSSSSESSSSCSESSSSSC SHS PS SSFP RR RHR SSS
ACLU-NC'S Alexander To
Head Stanford Law Clinic
fter four years with the ACLU-NC,. |
associate director Michelle Alexander
as been tapped to found a presti-
gious new civil rights law clinic at her alma
mater, Stanford Law School. "It was an offer
I couldn't refuse," Alexander explains.
Alexander joined the ACLU-NC in 1998
as director of the newly created Racial
Justice Project (RJP) and immediately set
to work carving out a long-term strategy to
pursue a proactive agenda on racial justice
issues. Alexander embraced a multi-disci- |
_ the political map, and was -
_ instrumental in develop-
plinary approach in the work of RJP, meld-
ing litigation, legislative advocacy, public
- education and grassroots organizing to -
' accomplish change. She spearheaded the |
_ in Sacramento this June (see page 7).
SS*SSGeSGeSSSPSFFRFRRFFESSTsSSeSSESGseSVPOPesPSsPsS PS SRFSKRKRSSA*SSse sess sess e seas and SH
Jessica Justice
BY GIGI PANDIAN
PROGRAM ASSISTANT
t first we thought it was too good to
be true - a resume appearing in
the mail from a person with the lib- -
erty-themed name Jessica Justice, offer-
ing her time as a volunteer. But Justice |
was not too good to be true. Since April, |
she has been taking out a half day a week |
from her full-time job to serve as our new |
volunteer coordinator.
Justice's com-
mitment to civil
unteerism started
while growing up
on a farm in West
Virginia, the child
_ of socially active
5 parents. It blos-
somed at Guilford
u College,
liberties and vol- |
North |
Carolina, where she worked to pair students
with organizations that needed volunteers
and interns.
After graduating from college, Justice
moved to the Bay Area, where she began
working at a small, family-owned busi-
ness. But she still felt herself pulled
towards the non-profit world and volun-
teer work. Why the ACLU? "I appreciate
the proactive nature of the ACLU," says
Justice. "I like the feeling here that real
social change is possible." _
Now, Justice is putting her skills to good
use, matching volunteers and interns with
the departments that need their help, and
reaching out into a wide range of communi-
ties to help recruit the best volunteers.
If you are interested in volunteering
with the ACLU-NG, please contact Jessica
Justice at 415-621-2493 x3883. To find out
about volunteer positions and internships
in our San Francisco' office, visit
www.aclunc.org/intern.htm! i
_ highly successful Driving
_ Alexander also masterminded and oversaw
re
VOLUNTEER
CU bat
Disa al
Gro
If you care about civil liberties, have counseling
experience and enjoy talking on the phone, a
challenging volunteer position awaits you!
ACLU-NC intake/complaint counselors staff the
ALCU-NC complaint lines (open from 10am-3pm, Monday-
Friday), screening calls and providing information and
referrals to callers.
Due to the training required, the position requires at least a six-month commitment to work one day a week.
For more information, contact Angela Wartes at 415-621-2493.
much of the affiliate's landmark lit-
igation on racial justice issues.
Since its inception, RJP has grown
to accommodate four full-time
staff, and has become a core focus
of the affiliate's work. In 2001,
Alexander was appointed associate
director of the affiliate. "It is rare to
find a leader and colleague who is
as genuinely brilliant, inspiring and
committed as Michelle," says
= Dorothy Ehrlich, executive director
ing the statewide cam- of ACLU-NC. "We wish her the best
paign for educational equity that launched | of luck at Stanford, and we look forward to
_ expanding upon her work and her vision for
- the Racial Justice Project."
While Black or Brown
campaign, which put the
issue of racial profiling on
SES SSSR SSS SSPE SSE SESSESSESSSSHSPHPPRPREEEESSESESEESSSHHE RR E
Honors
for ACLU-NC Staff
nsung hero Robert Nakatani,
| | who directs the ACLU-NC's
Endowment Campaign and also
serves as development director for the
national ACLU's Lesbian and Gay Rights
Project, is receiving the recognition he
so richly deserves. Nakatani is being
honored this summer as one of public
television station KQED's six "out-
standing local heroes" for his work
fighting for gay, lesbian, bisexual and
transgender rights.
Chinese for Affirmative Action
(CAA) also honored three of the ACLU's |
own this summer: Lucas Guttentag, direc-
tor of the national ACLU's Immigrants' |
Rights Project and Francisco Lobaco and |
Roy BATEMAN
Robert Nakatani (right) with KQED
Representative David Blazevich
Valerie Small Navarro of the ACLU's
Sacramento legislative office were pre-
sented with CAA's Civil Rights Award on
June 20, 2002. and
ACLU News = SUMMER 2002 = Pace 2
Cyber Liberties in the Spotlight
BY NICK SOODIK
ACLU INTERN
virtual world without borders means |
a world of new challenges for the |
GLU. This spring, the burgeoning |
field of cyber liberties provided ample fod- |
der for the courts, with the ACLU involved |
in several landmark cases. Two major rul-
ings chalked up significant victories for
First Amendment advocates, while a third
constituted a temporary setback.
FREE EXPRESSION OF IDEAS
In Ashcroft v. Free Speech Coalition, a case
brought by the adult entertainment indus-
try trade association, the U.S. Supreme
Court invalidated the Child Pornography
Prevention Act of 1996 - a law that expand-
ed the definition of child pornography to
include any depiction that "appears to be" _
_ successful challenge in federal district
of a minor engaging in sexual conduct,
"The suit raises -
numerous thorny
questions, including
whether a California
court may exercise
jurisdiction over a
defendant with no
connection to the
state."
"Internet access in libraries provides a window
to the world for many people who would not
otherwise be able to take advantage of this
extraordinary resource."
including images produced by a computer.
The Court found that the law impermissi-
bly banned the zdea of teenagers engaging
in sexual activity - an idea that "is a fact of
modern society and has been a theme in art
and literature throughout the ages." The
case, in which the ACLU and ACLU-NC
served as friends of the court, was argued
by H. Louis Sirkin.
WEB FILTERS IN PUBLIC LIBRARIES
In a second reaffirmation of First
Amendment liberties, the ACLU and the
Ameriean Library Association mounted a
court in Pennsylvania to the Children's
Internet Protection Act (CIPA). in
American Library Association, Inc. v.
United States. The Act requires public
libraries that receive certain types of federal
funds to install blocking software that pre- |
vents library visitors from accessing sexual- |
ly explicit materials on the web. Holding |
that the use of this software violates |
patrons' First Amendment rights because it |
erroneously blocks vast amounts of protect-
ed speech - including the websites of an
orphanage in Honduras and of various reli-
gious groups - the federal district court for |
the eastern district of Pennsylvania struck |
_ ment and sent the case back to the Third
| Circuit so that it can consider the ACLU'S
down the Act on May 31st.
SEGRE ERE SESE ER RRR ERR RRR RRR RRR ERR REESE HHS SSS HS SS
U.S. Supreme Court
Highlights
lows. The ACLU celebrated landmark -|
| t was a term of sweet highs and bitter
decisions banning the execution of the
mentally retarded and bolstering online
First Amendment rights as the US.
Supreme Court's 2001 term ended on June
_ 27th. Nevertheless, with rulings upholding
school vouchers and expanding student
drug testing, among others, overall the
Court solidified its conservative record.
"This Court will ultimately be remembered
for its conservative judicial philosophy and
activist judicial temperament," said ACLU.
national legal director Steven R. Shapiro.
Zelman v. Simmons-Harris: Green
Light for School Vouchers
For the first time, the Court approved
a plan that permits millions of dollars of
taxpayer money to be transferred to
parochial schools where it can be used for
_ Teligious instruction. In Zelman, in which
| the ACLU served as co-counsel, the Court
_ rejected a challenge to Cleveland's vouch-
er program. The ACLU's Shapiro hailed
this ruling as "bad for education and bad
- for religious liberty." :
Board of Education v. Earls: Dru
_ Tests for Choir Kids
Drug tests for school kids
"This Court will ultimately
be remembered for its
conservative judicial
philosophy and activist
judicial temperament."
- Steven R. Shapiro
secured a troubling boost in Karls.
In a case argued by the ACLU on
behalf of an Oklahoma high school
choir member, the Court rejected a
challenge to a school policy requir-
ing random drug tests for all
students who participate in extra-
curricular activities.
Ashcroft v. ACLU ; Curbing
Internet Censorship (see Cyber
These are some of key rulings.
Atkins v. Virginia: No Executions for
the Mentally Retarded
In a remarkable U-turn, the Court
responded to mounting concern about
fairness and accuracy in the application of
~ the death penalty by banning the execu-
tion .of mentally retarded people. The
Court rejected a similar plea 18 years ago.
Ring v. Arizona: More Power to
Jurors in Death Penalty Trials
The Court called into doubt the validi-
ty of hundreds of death sentences around
the country just one week after Atkins. In
king, it ruled that critical sentencing
issues in death penalty trials must be
decided by ajury rather than a judge.
Upheld
Liberties, above, for details).
Ashcroft v. Free`Speech Coalition
Free Speech Victory for "Virtual Porn".
(see Cyber Liberties, above, for details).
HUD v. Rucker: One Strike Evictions
In Rucker, the Court upheld .the
| Oakland Housing Authority's "one strike
| and you're out" policy governing drug use
| in public housing. The policy allows ten-
ants to be evicted if someone connected to
_ their household engages in drug related
_- activities - even without the tenant's
| knowledge. The ACLU and ACLU-NC
| served as friends of the court.
Visit www.aclu.org/court/court_sum-
| mary01.pdf for a full summary of the term's
| decisions from the national ACLU. @
"Internet access in libraries provides a
window to the world for many people who
would not otherwise be able to take advan-
tage of this extraordinary resource," said
Ann Brick of the ACLU-NC. "The court
made clear that any attempt to censor this
crucial public forum for communication
must meet the highest level of First
Amendment scrutiny. CIPA fails that test."
This comes on the heels of a first-of-its-
kind ruling in Kathleen R. v. Livermore last
year, when the state Court of Appeals in
San Francisco ruled that public libraries
cannot be held liable when young people
find pornographic materials on the web.
Brick served as a friend of the court and
participated.in oral argument in that case.
FREE SPEECH IN CYBERSPACE
On June 27th, the U.S. Supreme Court dealt
the ACLU a temporary setback when it
issued its ruling in Ashcroft v. American
Civil Liberties Union. The ACLU is challeng-
ing the Child Online Protection Act (COPA),
which criminalizes website content deemed
"harmful to minors." Although the High
Court disagreed with the Third Circuit
Court of Appeal's reasoning in striking down
the Act, it kept in place the preliminary
injunction prohibiting the Act's enforce-
_ other constitutional arguments.
Meanwhile, a high-profile brouhaha over
the enforceability of a French court's order
here in the United States has moved on to the
Ninth Circuit Court of Appeals. In May, the
ACLU-NG, the national ACLU, and an impres-
sive consortium of free speech advocates
| filed an amicus brief in Yahoo! Inc. v. La
Ligue Contre Le Racisme et L'Antisemitisme.
| The U.S.-based Internet portal is challenging
a French court's order requiring it to censor
| web content related to Nazism. The ACLU is
urging the court to uphold a November 2001
district court ruling which said that enforce-
ment of the French court's order would vio-
late the First Amendment rights of Yahoo!'s
' American users.
JURISDICTION BEYOND BORDERS
The ACLU-NC has also sprung to the
defense of a former Indiana student who
was sued in California - over information
he posted on his website. When a 15-year-
old Norwegian boy figured out how to dis-
able the encryption mechanism of DVD
movies so that they could be played on
computers and DVD players lacking the
official decryption system, he posted the
program online. Dozens of people includ-
ing Matthew Pavlovich, then a student at
Purdue University, followed suit. The DVD
industry trade association then sued a host
of individuals, including Pavlovich, in an
effort to force them to remove the informa-
tion from their websites. In an amicus brief
filed with the California Supreme Court in
DVD Copy Control Association v.
| Pavlovich, the ACLU-NC argued that post-
ing information on the Internet is not
enough to require a non-Californian to
defend himself in a Californian court.
"This case raises numerous thorny
questions, including whether a California
court has jurisdiction over a defendant
with no connection to the state," said
Brick. In our brief, the ACLU-NC argues
that the appeal court's conclusion that the
instant access provided by the Internet "is
the functional equivalent of personal pres-
ence of the person posting the material" is
at odds with existing precedent.
Visit www.aclunc.org/cyber/index.html
for more information on all of these cases. Hi
RSESSSRRSSSKFSSRFR*FFHRFRFFFRFSRFRFSFFSSSSFSRFSFSF HSS SHS SSCs ses seseseses se
Free Speech for Nike
| en Nike, Inc. came under fire
over conditions in its overseas fac-
tories, the shoe giant fired back
_ and a war of words began.
Prominent critics, including New York
| Times columnist Bob Herbert, alleged that
_ workers in China, Vietnam and Indonesia
were engaged in back-
protections not be eroded because the
speaker or the speech is unpopular," said
Ann Brick of the ACLU-NC. "In a-political
debate about economic issues, the same | -
rules must apply to Nike as to its critics -
both have a right tell their side of the story.
To hold Nike's speech to a different stan-
dard because we don't
breaking labor, some-
times enduring physical
abuse as they toiled for
skeleton wages to make
Nike's premium-priced
shoes. When Nike
responded to _ the
charges with a letter to
the editor and press
releases of its own, the
company found itself a
defendant in a lawsuit
charging it with engag-
ing in unfair business
practices and false
advertising.
",..the very same
First Amendment
that allows me to
make these
assertions about
Nike must also
allow Nike to
defend itself."
- Bob Herbert
like what the company
says is dangerously incon-
sistent. - with - First
Amendment values."
The California
Supreme Court disagreed,
ruling 4-8 on May 2nd that
Nike's statements were
commercial speech and -
that the suit should pro-
ceed. However, the ACLU
did win over an_ ally:
Herbert, whose own
columns roundly criticiz-
ing Nike helped spark the
lawsuit, wrote a com-
The suit raised trou-
bling free speech issues for the ACLU. The
statements at issue are not advertising in
' any traditional sense; rather, they consti-
_ tute Nike's attempt to engage in a public
debate about its business practices.
| Therefore, in a brief before the California
_ Supreme Court, the ACLU-NC contended
_ that to consider these statements commer-
_ cial speech is to stretch the definition of
commercial speech too far.
"Our main concern in this case was to
_ ensure that important First Amendment
pelling editorial support-
ing the sneaker empire's right to "stay in
the game."
"Although it pains me to say it, I am not
in favor of stifling the speech of the loud
and obnoxious and terminally exploitative
Nike Corporation," wrote Herbert. "[T]he
very same First Amendment that allows me
to make these assertions about Nike must
also allow Nike to defend itself....In
America," concludes Herbert, "that kind of
"speech, even if it is not always accurate,
deserves unyielding protection."
83 ACLU News =u SUMMER 2002 = Pace 3 :
Restoring Freedom on
Independence Day
By DoroTHy M. EHRLICH
ExeEcuTIvE Director, ACLU-NC
A shorter version of this article appeared in
the San Francisco Chronicle on July 4th.
"Wuly 4th is a quintessential American
J ite But for the fog along the
coast, it is a warm, summer celebra-
tion where barbecues and fireworks take
center stage - a day when we focus on the
pursuit of happiness.
But this Independence Day has more ~
significance. As a nation, we are reeling
from the trauma of a domestic terrorist
assault. And in response, we have wit-
nessed the erosion of the fundamental
freedoms this day is meant to celebrate.
Like most Americans, I agree that the
government must protect our safety since
September 11th. But I have been con-
founded by the Bush administration's sin-
gle-minded pursuit of the war on terrorism
with little regard for the Constitution.
Privacy, freedom and justice have been
upended, with little evidence of enhanced
safety. Attorney-client privilege has been
eroded; immigrants' rights shredded; free-
dom of information is under assault.
Instead, we have military tribunals, race-
based questioning dragnets, expanded
wiretap powers, and a "neighborhood
watch" program that encourages us to spy
on our neighbors. But perhaps the coup de
grace was the U.S. Attorney General's
reversal of decades-old regulations that
barred the intelligence agencies from mon-
itoring political and religious institutions
without probable cause.
_FIGHTING FOR FREEDOM:
Those regulations were in place for a
reason. A recent San Francisco Chronicle
report unveiled remarkable abuses by the
FBI and CIA in the `60s and `70s, when the
agencies systematically infiltrated UC
Berkeley, sabotaged the Free Speech
Movement and ousted then- University
President Clark Kerr. And Kerr was far
from alone.
The agencies' overreach destroyed
thousands of lives. They launched a mind-
boggling smear campaign against the Rev.
Martin Luther King, Jr. They spied on less-
er-known activists like Frank Wilkinson, a
housing advocate who was watched tire-
lessly by the FBI for three decades. His sur-
veillance generates a pile of 132,000
documents reaching seven stories tall and
a totaling taxpayer tab of $17 million.
Even after new guidelines were estab-
lished in the 1970s, the abuse continued.
In June, a jury handed down a $4 million
ruling against the FBI and the Oakland
_ Instead of fireworks, we should ignite a
movement to restore those freedoms. That
would be something to celebrate.
police for violating the First and Fourth
Amendment rights of two Earth First
activists who were victims of a car bomb
attack. The agencies tried to discredit Judi
Bari and Darryl Cherney, claiming that
they had planted the bomb themselves,
and failed to find the real culprits.
In these cases, our intelligence agen-
cies misused taxpayer money by targeting
people who disagree with government poli-
cy. With the sweeping new powers now
granted these same agencies, allowing
_ them to spy in libraries, mosques, and
churches, on the Internet and in colleges, I
fear that rather than learning from history,
we are destined to repeat it. And finally, I
fear that the brunt of this backlash will
continue to be borne by those of Middle
Eastern descent, whether at school, at
work, while traveling, or as targets in the
government's sweep of thousands of
Middle Eastern men.
So this July 4th, perhaps we need to
put down the beach ball and the potato sal-
ad for a moment and acknowledge the
many liberties we have lost. This
Independence Day, instead of fireworks,
we should ignite a movement to restore
those freedoms. That would be something
to celebrate.
VBRSKSESSSSSCSSSSSSSSSSSSSSS PSS RSRERKSKSCSKESERFSHSSSSSSSEESEE SSE EE SRRRKRRKRSSSEKRSESSHSSSSSSSEGSESESSSHE SSS SSSSRRERSKRSESSSSSESSEESEEEHEESS SSPE
-Demonstrators and Dissent
ver since the Attorney General's
9 notorious words that those who dis-
agree with the government agenda
are "giving ammunition to our enemies,"
the ACLU has exercised extra vigilance,
concerned that this new political climate
may have a chilling effect on the free
expression of dissent.
This spring, three separate incidents in
our own backyard gave cause for concern.
FREE SPEECH AT UC BERKELEY
It began at the birthplace of the Free
Speech Movement: UC Berkeley. With vio-
lence mounting in the Middle East in May,
pro-Israeli and pro-Palestinian students
held dueling rallies on campus. Tensions
were high when members of Students for
Justice in Palestine (SJP) moved their
protest indoors to conduct civil disobedi-
ence. What happened next raised the tem-
perature still higher. The University
responded by threatening to suspend for
up to a year the 41 students who were
arrested for trespass, and issued an inter-
im suspension of SJP (which it rescinded
days later). This crackdown on the pro-
Palestinian group was harsh compared to
the way the University handled previous
demonstrations, asserted the ACLU-NC
and the UC Berkeley Campus ACLU in a
letter to UC Berkeley Chancellor Robert M.
Berdahl, which questioned the legality and
fairness of the university's reaction.
One of 79 demonstrators arrested for
protesting at UC Berkeley's Wheeler Hall
DAILY CALIFORNIAN
_ tolerant environment" -
"The University's
reaction to the April 9th
sit-in has a chilling
effect on the students'
right to free speech,
especially at time when
freedom of expression is
so critical to our democ-
racy, said ACLEU-NC
legal director Alan
Schlosser. "The right to
express ideas that are
controversial and
unpopular must be vigi-
lantly protected."
SAFETY AND
TOLERANCE AT
SFSU
Days later, the ACLU-NC
Ano
=
=
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s
=
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s
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SG:
a)
Berkeley's Wheeler Hall
wrote a second letter
calling on a local univer-
sity to ensure a `safe and
this time San Francisco
State University (SFSU).
Clashes between
"The right to express ideas that
are controversial and unpopular
must be vigilantly protected."
_ - Alan Schlosser
demonstrators expressing divergent views
on the Middle East conflict degenerated
into an intimidating environment on May
7th, 2002. As a result, the university turned
over tapes of the protests to the District
Attorney's office for possible hate crimes
violations. -
"Some participants at the demonstra-
tion report that they were physically sur-
rounded, threatened and detained by
counter-demonstrators," the letter says. "If
true, this indicates a failure on the univer-
sity's part to ensure that both sides be able
to express their views at a political demon-
stration... We would expect. San
Francisco State - historically, the site of
many robust political protests-to have
experience with opposing demonstrations
and to utilize that experience to provide an
appropriate forum for political discussion
in these circumstances."
The university responded by creating a
taskforce to review issues of inter-group
relations on campus, and no charges were
filed against the demonstrators. But the
issue did not end there. Pro-Palestinian
students approached the ACLU, concerned
about a mandatory mediation process set
up by SFSU, which threatened four student
organizations with loss of organizational
recognition and rights if they failed to
"complete this process by June 15, 2002."
"The institution of a new and untested |
mandatory procedure, under the threat of |
sanctions if a resolution is not reached ina |
few weeks, raises questions and concerns _
about whether this mediation will occur |
under conditions and in an atmosphere
conducive to bringing groups together,"
wrote Schlosser, in a letter to SFSU
President Robert Corrigan:
CHP Emp.Loys AGGRESSIVE TACTICS
AGAINST PEACEFUL PROTESTERS
What started as a peaceful protest against
the war on terrorism on the Golden Gate
Bridge ended as yet another shameful
chapter in the history of the California
Highway Patrol (CHP). :
Anti-war and pro-Palestinian protest-
ers with the All People's Coalition (APC)
secured a permit to march from San
Francisco over the bridge to Marin on
Saturday May 25th. Twenty-five minutes
before the permit expired, dozens of CHP
officers wielding batons and wearing full
riot gear forcibly broke up the rally, block-
ing the marchers from advancing. CHP
officers pushed protestors with batons and
arrested several protesters. When some
demonstrators peacefully resisted arrest,
officers pried them apart and sprayed a
mist that press accounts identified as pep- .
per spray. Officers also arrested and man-
handled an 11-year-old girl.
Days later, the ACLU-NC joined with a
broad array of groups, including the
American-Arab Anti-Discrimination
Committee (ADC), the Council on
American-Islamic Relations (CAIR), and
the Ella Baker Center to denounce the
CHP's actions. The groups called on the
CHP to mount a full investigation into the
incident; make public a full report, includ-
ing how the decision to break up the rally
was made; work with civil liberties groups
to formulate new policies for dealing with
future demonstrations; and to conduct
sensitivity trainings for officers on dealing
with protests involving Arab, Muslim and
South Asian communities.
The ACLU-NC also wrote a letter to the
CHP sharply criticizing their response to
the May 25th protest. "The CHP's prema-
ture and forcible ending of the May 25th
march has ramifications beyond that par-
ticular march," wrote the ACLU-NC's
Jayashri Srikantiah. "When one group of
peaceful protesters is greeted with dozens
of police officers in riot gear, wielding
batons and even pepper spray, other pro-
testers are understandably deterred from
engaging in similar marches. We live in a
time of national crisis when Americans are
privately and publicly engaging in vigorous
debate about American domestic and for-
eign policy. Now is a time when the govern-
ment should be particularly vigilant in
protecting the First Amendment rights of
Americans, especially those who, like APC,
might express an unpopular viewpoint."
To learn more about your rights to
protest at this troubling time, visit
www.aclunc.org/publications.html and
download a copy of The Rights of
Demonstrators. @
ACLU News = SUMMER 2002 i. a
Freedom Scorecard Details Liberties Lost
s America celebrated independence
on July 4th, the ACLU of Northern
California marked the occasion by
releasing a scorecard that summarizes the
toll of the Bush Administration's policies
on Americans' constitutional freedoms.
The tally: Bush Administration, 20;
Constitution, 0.
The scorecard and an accompanying
chronology document dozens of govern-
ment actions that
have limited consti-
"Leading intelligence experts have
cautioned against racial profiling since
September 11th, warning that it is no sub-
stitute for identifying suspicious patterns
of behavior and that it alienates commu-
nities that law enforcement needs to
engage," said police practices policy
director Mark Schlosberg. "Furthermore,
given the well-documented failures of the
FBI to interpret the information agents
had gathered before
September 11th, it is
hard to fathom how
tutional freedoms
since September
llth. They include
the expansion of
wiretapping and
secret search pow-
ers under the USA
Patriot. Act; the
Attorney General's
directives ordering
broad questioning
sweeps. of young
men of Middle
Eastern and South
Asian origin; the
erosion of attorney-
While acknowledging
the need for enhanced
safety in the wake of
the September | Ith
attacks, ACLU-NC
experts say some
erosions of freedom
may actually work
counter to the
government's goals.
gathering vast quan-
tities of useless
information by con-
ducting broad `fish-
ing expeditions' in
religious and com-
munity institutions
will help keep us
safe."
The ACLU has
mounted challenges
to some of the more
egregious infringe-
ments on individual
rights, and express-
client privilege,
media freedom and
immigrants' rights;
and the loosening of regulations governing
intelligence-gathering procedures.
"The Administration has a duty to
investigate the attacks of September 11th,"
says Jayashri Srikantiah, an attorney with
ACLU-NC. "But it also has a duty to uphold
the Constitution. Its failure to protect our
rights has had a very real impact, creating a
climate of fear among immigrants and com-
munities of color, who are bearing the brunt
of the backlash in our schools, at work,
while traveling, and even in their homes."
While acknowledging the need for
enhanced safety in the wake of the
September 11 attacks, ACLU-NC experts
say some erosions of freedom may actually
work counter to the government's goals.
es optimism that
civil liberties will be
restored. "Round
one goes to the government," says
Schlosberg. "But I believe that, with the
help of the Courts and the Congress, the
American people will get their freedoms
back." :
"If we allow fear to define us, this
nation will become less tolerant, more
divided, and much less free," says Dorothy
Ehrlich, executive director. of the ACLU-
NC. "The Bush Administration has repeat-
edly warned that this war will last for very
long time. We should not allow our fear to
extinguish the freedoms that make this
nation strong."
To learn more, visit our special
feature "Fighting for Freedom" at
www.aclunc.org and
SSSRSKSSRKAESRHRSSESERSESSPRPRRERERSEFRSSESEES SSS SRS RRRESEEHESESESE SS
Airlines Sued...
Continued from page |
travel free from discrimination has been
grossly violated."
Michael Dasrath, 32, a U.S. fen
from Brooklyn, NY, ejected from
Continental Flight 1218 (New Jersey to
Tampa) on December 31, 2001. Seated
behind Cureg on Flight 1218, Dasrath
heard a woman complain: "Those brown-
skinned men are behaving suspiciously."
Dasrath says: "J was working in
Manhattan on September 11 and I will
never forget the horror of that day. But
ejecting me from a flight to make a passen-
ger feel better isn't going to ae anyone
any safer."
Hassan Sader, 36, a U.S. citizen from
Virginia, ejected from American Airlines
Flight 1531 (Baltimore to Chicago) on
October 31, 2001. "7 want to restore my
confidence and faith in this country
because this is where I want to be."
The American-Arab Anti-Discrimina-
tion Committee is also a plaintiff in four of
the suits.
Bush Administration vs. The Constitution:
A CIVIL LIBERTIES SCORECARD, JULY 4TH, 2002
Action
Congress abdicates oversight responsibilities, granting
President Bush unfettered power to wage war on terrorism.
9.15.01
Chief Immigration Judge orders closed deportation
proceedings. 9.21.01
Ashcroft memo reduces government compliance with
Freedom of Information Act requests. 10.17.01
White House asks media outlets not to air tapes of Osama
Bin Laden. Major networks comply. 10.11.02
vee PATRIOT ACT, 10.26.01:
Wiretap powers expanded, in some cases with reduced
judicial review
Law enforcement permitted to indefinitely detain non-
citizens based on suspicion of terrorism
"Sneak and Peek" searches authorized without a warrant
with low showing of probable cause
Broad definition of `domestic terrorism' allows surveillance
of political dissenters
0x00B0 New information-sharing powers for intelligence agencies
Ashcroft authorizes monitoring of attorney-client
conversations. !0.31.01
Ashcroft orders two questioning dragnets of Middle
Eastern and South Asian men. | 1.9.01, 3.20.02
Presidential order allows non-citizens to be tried in military
tribunals. 11.13.01
Immigrants' Rights Aviation and Transportation Security Act
bars non-citizen airport screeners. | 1.19.01
Ashcroft orders state and local government not to
release names of people detained since 9/11. 4.18.02
GENER new rules on intelligence-gathering permit:
spying on religious and political institutions-without any
suspicion of criminal activity
the purchase of secret records on individuals who are not
suspected of a crime. 5.30.02
DO} requires fingerprinting and registration of lawful
visitors from Middle Eastern nations. 6.5.02
President establishes new cabinet-level Department of
Homeland Security. 6.6.02
President designates U.S. citizen Jose Padilla an `enemy
combatant, under military jurisdiction. 6.9.02
TOTAL
Endnotes: Leveling the Score
Un response to federal suits filed by the ACLU in New Jersey and Michigan, two federal courts rejected the government's blanket policy on secret deportation hear-
ings, rejecting the claim that public access would compromise its investigations. The government has appealed the rulings.
" Police departments across the nation, including several in northern California, refused to cooperate with this investigation, saying that racial profiling was counter-
productive and detrimental to community relations. The first investigation of 5,000 men led to no arrests related to terrorism charges, but only to a handful of charges
for minor visa violations. Since September | 1,a number of leading intelligence specialists have gone on record saying that racial profiling is an ineffective law enforce-
ment tool.
ii Qn January 17, the ACLU Immigrants' Rights Project, the ACLU affiliates of Northern and Southern California and the SEIU filed suit in federal district court in Los
Angeles challenging the new regulation barring non-citizen airport screeners, which includes legal permanent residents. At San Francisco International Airport, approx-
imately 80-percent of airport screeners are non-citizens who could lose their jobs.
V In two separate state and federal cases, the ACLU is seeking basic information about the hundreds of people who have been detained since September ||. In the state
case, a New Jersey judge ruled on March 27 that the government must release the names of hundreds of detainees in the state. The federal government, which intervened
in the case, has appealed the decision. Shortly after the ruling, the Attorney General issued the directive instructing local governments to keep detainees' names secret.
BESS S SSP CRHRRRAARSHEBSHETEEE CER ERS RAS HRERARARESESESEHESESEE
_- Racial Justice and the War on Terrorism
Reporters from ethnic media outlets ranging from India West to El Tecolote attended
an ACLU-NC press briefing co-sponsored by California New Media on June 27th. The
briefing focused on the particular dangers that the government's new and unneces-
sary powers since September 11th pose to immigrants and communities of color.
Speakers at the briefing included (1 to r) Dorothy Ehrlich, ACLU-NC executive direc-
tor; staff attorney, Jayashri Srikantiah; Mark Schlosberg, director of police prac-
tices policy; and Lilliana Garces, attorney for the ACLU's Immigrants' Rights Project.
- Nick Soodik, ACLU Intern
EN on you ean Ae tax-
2 da `deductible donations to the
ow le rales ACLU Foundation of Northern
On - California at the click of the
a ua J button. Visit us online at
e www.aclunc.
to Ty aaiia or
Gee!
eae
ACLU News = Summer 2002 = Pace 5
s the 2002 legislative session draws
Ae a close, the ACLU's Sacramento
office is working furiously to ensure
| the passage of several crucial bills - and
is just as vigorously fighting initiatives
that threaten our civil liberties and
rights. The ACLU needs your support on
bills that will guarantee new rights to
domestic partners, protect the financial
| privacy of Californians, and create a
reproductive rights. law to make our
granddaughters proud. Read on and visit
www.aclunc.org/iakeaction.himl to learn
more about these bills - and about what
you can do to help.
DOMESTIC PARTNERS IN THE
SPOTLIGHT
Last year, California enacted the most pro-
gressive law in the nation on domestic
partners benefits with AB 25, by Carole
Midgen (D-San Francisco). Now, two cru-
cial new bills could take California two
steps further.
Authored by Assistant Assembly
Speaker Pro Tem Christine Kehoe,
AB1080 would prohibit state agencies
from entering into contracts with vendors
or contractors whose employment bene-
fits discriminate against employees with
domestic partners. The bill is modeled on
the exemplary domestic partners benefits
ordinance enacted by the City and County
of San Francisco, which the ACLU-NC and
the ACLU Lesbian and Gay Rights Project
vigorously helped defend in the courts
last year. Similar ordinances are now in
place in the county of San Mateo and the
cities of Oakland, Berkeley and Los
Angeles. "AB 1080 begins the process of
ending marital status discrimination by
recognizing the reality of the family rela-
tionships of many of our state's residents "
and ending the disadvantageous treat-
ment now afforded these non-married
couples," says Francisco Lobaco, ACLU
legislative director,
An effort made particularly pertinent
by the struggle for recognition by domestic
partners of victims of the September 11th
attacks, AB 2216, by Assembly Speaker
Pro Tem Fred Keeley, provides surviving
registered domestic partners the right to
inherit a specified share of a partner's
estate if a partner dies without a will.
"Ensuring this bill will help encourage
domestic partners to act as a family unit in
| financial matters and will
_ protect each of the partners
| if they make economic sacri-
-and will now advance to the
fices for the benefit of the
domestic partnership," says
Lobaco.
_ AB1080 and AB 2216
passed out of Senate
Judiciary Committee in June
Senate Appropriations
Committee for fiscal consid-
eration. Both bills are spon-
sored by the California
Alliance for Pride and
Equality (CAPE).
Your Money, YouR BUSINESS ~
Do you want your bank to share informa-
tion about your finances with other institu-
tions? If the answer is `no', the ACLU needs
your help.
SB 773 by Senator Jackie Speier (D-
Hillsborough) is a crucial bill that protects
financial privacy by requiring that banks
| and insurance companies get permission
_ before sharing Californians' personal infor-
mation. The federal Financial Services
Modernization Act of 1999 allowed for the
creation of vast new financial conglomer-
ates that combine the traditionally sepa-
rate industries: banking, insurance and
brokerage houses. Now, through shared
| databases, these conglomerates are able to
exploit our private information in new and
powerful ways. SB 773 makes it illegal for
financial institutions to share information
with affiliated companies unless they tell
customers and give them the chance to say
no. Without getting customers' positive
consent, they may not share information
with non-affiliated companies.
"This is our chance to regain control
over our own privacy, to reduce our expo-
sure to high-risk schemes and to cut down
on junk mail and telemarketing calls," says
_ Valerie Small Navarro, ACLU legislative
| advocate. "Our privacy rights are-on the
| auction block and we need to tell our elect-
| ed officials that we want them back."
Drivers LICENSES FOR IMMIGRANTS -
OR A BACKDOOR NATIONAL ID?
At first, AB 60 (Cedillo, D-Los Angeles)
was a simple solution to a pressing prob-
lem. The bill allowed immigrants who
were in the process of securing legal status
to obtain a drivers license. AB 60 was good
for immigrants and good for public safety -
until Governor Davis stepped in. In an.
unusual procedural maneuver, which is
being challenged by the Mexican American
Legal Defense and Educational Fund
(MALDEF), after the bill was sent to the
Governor's desk, the Assembly's Chief
Clerk retrieved the bill and returned it to |
the Legislature. The Governor requested
that a slew of provisions be added to a com- |
panion bill that turn this once elegant |
solution into a backdoor effort to make the |
California, drivers license part of a.
National ID system. The amendments pro- -
vide that all people must give a digital
thumbprint to obtain a drivers license and
mandate that all immigrant applicants
undergo a Department of Justice back-
| ground check and an FBI "wanted fugitive
check." In addition, with a simple elec-
tronic swipe of the license, law enforce-
ment will be able to identify people as
undocumented immigrants.
"This is the first step down a slippery
slope toward an ID system that will allow
for the discriminatory treatment of immi-
grants and for dramatic curtailments of
Americans' privacy rights," said ACLU leg-
islative advocate Valerie Small Navarro.
"We don't want these dangerous provisions
added. AB 60 is an important bill that
should not be loaded down with a compan-
ion bill containing these provisions."
No More EXECUTIONS FOR THE
MENTALLY RETARDED
An ACLU-supported effort to bar the exe-
cution of people with mental retardation
took a dive last year after Assembly
Democrats, wary of being dubbed soft on
crime, stifled it in committee. But in 2002,
the political scene saw a dramatic shift. In
a landmark decision on June 27th, the
U.S. Supreme Court ruled it unconstitu-
tional to execute people with mental
retardation, citing a "growing national
consensus' about troubling flaws in the
application of the death penalty. The
momentous ruling was out of step with
California law, but consistent with laws in
380 states, which had either outlawed capi-
tal punishment or the execution of the
| mentally retarded. Now, Assemblywoman
Dion Aroner (D-Berkeley) is back with AB
557, which will create a process to imple-
ment the decision in California. The bill is
currently pending in the Senate Public
Safety Committee.
ONE STEP CLOSER TO
REPRODUCTIVE PRIVACY
Californians came one step closer to bring-
ing the state's archaic abortion laws into
step with federal law when the
Reproductive Privacy Act (SB 13801, D-
Kuehl) passed out of Senate Judiciary
Committee. The bill is now pending in
Senate Appropriations. Learn more about
this bill and find out what you can do to |
help provide California's women with the
reproductive rights they need at
www.aclunc.org/takeaction.html
HRS SSHCHE RSS SSE SSHHKERHRESHSHHRESSHEKSSHSREEKSHSKRKESRHHRRASRHRRERSSKKRERSKRHRE RRR RHSKEEKKSKRKEKEKRHRKRERHSKSRESSHRRRESSRREBSREEBES
Strike Two for Connerly:
Initiative Rolls Over to March 2004
N alifornia voters just aren't buying
Ward Connerly's vision. That mes-
sage resounded across the state in
June when the anti-affirmative action ~ |
activist failed for the second time to qualify
his "Racial Privacy Initiative' for the
intended ballot. The measure, which will
bar state and local agencies from gathering
information on race, will not go before the
voters in November 2002. Instead, it will
roll over to the next statewide election in
ACLUN_1981.MODS ACLUN_1981.batch ACLUN_1982 ACLUN_1982.MODS ACLUN_1982.batch ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1984.batch ACLUN_1985 ACLUN_1985.MODS ACLUN_1985.batch ACLUN_1986 ACLUN_1986.MODS ACLUN_1986.batch ACLUN_1987 ACLUN_1987.MODS ACLUN_1987.batch ACLUN_1988 ACLUN_1988.MODS ACLUN_1988.batch ACLUN_1989 ACLUN_1989.MODS ACLUN_1989.batch ACLUN_1990 ACLUN_1990.MODS ACLUN_1990.batch ACLUN_1991 ACLUN_1991.MODS ACLUN_1991.batch ACLUN_1992 ACLUN_1992.MODS ACLUN_1992.batch ACLUN_1993 ACLUN_1993.MODS ACLUN_1993.batch ACLUN_1994 ACLUN_1994.MODS ACLUN_1994.batch ACLUN_1995 ACLUN_1995.MODS ACLUN_1995.batch ACLUN_1996 ACLUN_1996.MODS ACLUN_1996.batch ACLUN_1997 ACLUN_1997.MODS ACLUN_1997.batch ACLUN_1998 ACLUN_1998.MODS ACLUN_1998.batch ACLUN_1999 ACLUN_1999.MODS ACLUN_1999.batch ACLUN_2000 ACLUN_2000.MODS ACLUN_2000.batch ACLUN_2001 ACLUN_2001.MODS ACLUN_2001.batch ACLUN_2002 ACLUN_2002.MODS ACLUN_2002.batch ACLUN_2003 ACLUN_2003.MODS ACLUN_2004 ACLUN_2004.MODS ACLUN_2005 ACLUN_2005.MODS ACLUN_2006 ACLUN_2006.MODS ACLUN_2007 ACLUN_2007.MODS ACLUN_2008 ACLUN_2008.MODS ACLUN_2009 ACLUN_2009.MODS ACLUN_2010 ACLUN_2010.MODS ACLUN_2011 ACLUN_2011.MODS ACLUN_2012 ACLUN_2012.MODS ACLUN_2013 ACLUN_2013.MODS ACLUN_2014 ACLUN_2014.MODS ACLUN_2015 ACLUN_2015.MODS ACLUN_2016 ACLUN_2016.MODS ACLUN_2017 ACLUN_2017.MODS ACLUN_2018 ACLUN_2018.MODS ACLUN_2019 ACLUN_2019.MODS ACLUN_ladd ACLUN_ladd.MODS add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log March 2004.
"What a blow to this already struggling
campaign," said David Mermin, a pollster
and consultant with Lake Snell Perry
Associates. "Given the low approval ratings.
in early polls - less than a majority, which
signals trouble - I think you'd have to say
this initiative is on the ropes. This latest.
failure demonstrates more pointedly that
despite a very well-funded signature-gath-
_ ering campaign, voters are skeptical."
Connerly put the initiative on the back-
| burner in 2001 after a lackluster showing
during the signature-gathering phase. A
| process pushed certification beyond the
June 27th deadline for qualification for the
_ ballot for November 2002.
"This second-failure to qualify is bad
"No one bets on a horse with a record like this
one, even if you happen to like its name."
- David Mermin, pollster
Lake Snell Perry and Associates
year later he was back, this time increasing
the per-signature payout to signature gath-
ering professionals. Even so, in April, the
Sacramento businessman filed just enough
signatures to qualify the initiative - so
few that local counties were forced to
engage in the costly and time-consuming
process of verifying every signature. This
, news for Connerly and good news for
California," said Dorothy Ehrlich, executive
director of the ACLU-NC. "Our research
shows that the more voters learn about this
deceptive initiative, the more concerned
they become. With extra time to debate this
experiment on the state, I think the voters
| will call strike three in March 2004."
ACLU News = SumMER 2002 = Pace 6
Mermin agreed, saying: "No one wants
an initiative theyre backing to falter like
this. An initiative that completely fails to
garner public support in its first outing,
then comes out in round two with this very
anemic performance, which is going to
trigger an expensive full-verification
process, costing taxpayers millions of addi-
tional dollars, raises a red flag to its back-
ers and potential:donors. No one bets on a
horse with a record like this one, even if
you happen to like its name."
Opponents argue that the initiative
would devastate the state's public health
and education programs, and _ rob
Californians of information about the
state's progress in rooting out disparities
based on ethnicity and race. Proponents
_ say that barring the collection of informa-
tion on race and ethnicity is the first step
toward creating a "colorblind society."
Even Connerly has conceded that sup-
port for- the controversial initiative has
failed to materialize, saying that he needs
more time to "educate Californians about
race.' In April, Connerly asserted that he
deliberately turned in just a portion of the
Continued on page 7
Students Give State an Exam of Their Own
Students, educators, and civil rights groups joined together in Sacramento for State
Accountability Day
Q: WHERE DOES CALIFORNIA RANK AMONG ALL 30 STATES FOR
STUDENT-TEACHER RATIO?
A: DEAD LAST.
BY KATAYOON MaAgp
RACIAL JUSTICE PROJECT
his question is one of many on a |
"state accountability exam" deliv- |
ered to California policymakers by
more than 150 students, parents, teachers
and advocates, including staff from the
ACLU-NG, who traveled to Sacramento to
meet with legislators, reporters and the
California School Board on June 26th.
The advocates, members of an emerg-
ing statewide coalition, drove home a pow-
erful but simple message: the state of
California is accountable for providing a |
quality education for all of our kids. In par-
ticular, the coalition called for the post-
ponement of the High School Exit Exam
(HSEE), which is due to become a require-
ment for graduation in 2004, until the state
demonstrates that it is giving low-income
students and students of color a fair
chance to succeed (see demands, right).
"The people who should get the failing
marks are the adults, not the students,"
said Assemblywoman Jackie Goldberg, (D-
Los Angeles), a former teacher. Senator
John Vasconcellos (D-San Jose) and
Assemblywoman Virginia Strom-Martin
(D-Santa Rosa) joined Goldberg to launch
"state accountability day" at the coalition's
news conference.
Currently, students of color, immi-
grants and low-income students are much
more likely than their white, middle-class
counterparts to attend schools with
untrained teachers, inadequate textbooks,
and unsafe, filthy, and overcrowded facili-
ties. Schools with high concentrations of
poverty and high numbers of English learn-
ers -the same schools that have majority
student of color populations - are twelve
times more likely to have uncredentialed
teachers, according to a recent Harris poll.
Such inequities are the subject of a pend-
ing class action lawsuit, Williams v. State
of California, in which ACLU-NC is co- +
counsel.
These inequities also likely con-
tributed to the disproportionately high
failure rates of low-income, English-learn-
er, African American, Latino, Native and
Pacific Islander students during the first
administration of the HSEE. "We attend
TAKE ACTION
TO PROTECT EDUCATIONAL RIGHTS!
rite the State Board of Education and ask them to suspend implementation of
the HSEE until the state provides all our kids a quality education. Visit
www.aclunc.org/takeaction.html for a sample letter.
SSPE RERSHEEERS SSS SE SSHSHSPRRHREEREHS EHS SRE SSSR EEEE REESE ES
Connerly Initiative...
Continued from page 6
signatures because he wanted to buy time,
forcing the signature verification process _
that would push the initiative on to the
March 2004 ballot.
"If he really did this deliberately, |
Connerly is thumbing his nose at voters
and playing a costly game in the midst of a
budget crisis," said Maria Blanco, National
Senior Counsel for the Mexican American
Legal Defense and Education Fund
(MALDEF). "First he refuses to disclose
the source of the money for his campaign,
and then he sticks Californians with the
price for his political gamesmanship."
In related news, on July 9th, the
Women League of Voters of California,
Common Cause and other public interest
groups filed a complaint with California's
Fair Political Practices Commission, argu-
ing that Californians have a right to know
the sources of $1.5 million in contributions
to the initiative campaign. By channeling
donations through his non-profit organiza-
tion, the American Civil Rights Coalition,
Connerly has kept the identity of key back-
ers under wraps, violating three provisions
of California's Political Reform Act, accord-
ing to the groups.
To find out more about the campaign to
defeat the Connerly initiative, visit
http://www.aclunc.org/connerly_initiative/
gi
: ACLU News = SumMER 2002 = Pace 7
schools with long-term substitute teach-
ers, poor facilities and poor conditions.
_ Students shouldn't be punished for the |
| failure of the state," said Yvonne Tran, a |
student from San Jose.
As well as briefing reporters and legis-
lators on the poor state of education in the
Golden State, advocates testified before
the State Board of Education. "If you want
to motivate students, give us good teach-
ers," said Eric Avalos, a student with Youth
Organizing Communities in San Diego.
Calling the HSEE "a sophisticated form of |
racial profiling," San Francisco Unified
School District (SFUSD) Commissioner
Eric Mar urged the State Board to follow -
the lead of SFUSD and the Los Angles
Unified School District. Both districts
recently resolved to investigate alternative
assessment tools to high-stakes tests.
Participants left Sacramento with a |
sense of hope that opposition to the HSEE
will continue to build. The day set in
motion a multiyear campaign for educa-
_ tional equity led by the Californians for- |
. Justice, the Community Coalition, Public -|
Advocates, Justice Matters Institute, and
the ACLU-NC's Racial Justice Project.
Student
Demands
YJ /cent are calling on the state to delay
implementation of the HSEE until
it provides:
e Arigorous curriculum with access to
the A-G requirement classes that are
necessary to apply to a state univer-
sity
e Adequate instructional materials
and textbooks
e A safe, sanitary, and healthy school
learning environment
e Experienced and ~ credentialed
teachers who receive strong support
and learning
e Comprehensive programs for sup- ;
porting English Learner students
e Fair and effective discipline policies
that use suspension and expulsion
only as a last resort.
REESE ESHHH SSS THRE HEHEHE ESSERE SES EHEC HRP HRREE HEE EE
Victory in Voting
Rights Case
alifornia voters won crucial protec-
C tions for their rights when a consent
decree brought to a close Common
Cause v. Jones in May.
2006, too late for the Presidential elections 0x00B0
in 2004. When the ACLU challenged the
In the case, the ACLU and co-counsel. |
challenged the use of antiquated punch-
card voting machines in nine California
counties. The suit charged that the use of
the error-prone machines, which brought
_ the country to a virtual standstill after the
2000 Presidential elections, violated the
Equal Protection Clause, as well as the
Voting Rights Act because the counties
that use them have high minority popula-
tions. :
Secretary of State Bill Jones agreed to
decertify the machines - but in January
timing, a federal court in Los Angeles
agreed. The two sides then entered into a
consent decree that will protect the rights
of. voters in Alameda, Los Angeles,
Mendocino, San Diego, Shasta, Solano,
Sacramento, San Bernardino and Santa
Clara counties in time for the elections of
2004.
The case was filed by ACLU of
Northern California, ACLU of Southern
California; ACLU of San Diego and
Imperial Counties; Munger, Tolles and Olson;
Altshuler, Berzon, Nussbaum, Rubin and
Demaine; and Heller, Ehrman, White and
McAuliffe.
Sign up for the ACLU-NC action network
lake tax-deductible donations online!
Chapter activist David Carducci
BY MariA ARCHULETA
INTERIM FIELD DIRECTOR
struggles that galvanized my com-
mitment to civil liberties," said
David Carducci, B.A.R.K. (Berkeley,
Albany, Richmond, Kensington) Chapter
Field Representative. "I just feel that peo-
ple should be treated with fairness, and |
want to fight for that ideal. The ACLU is
the organization that does that."
Two years ago, Carducci found a way
to fight for his ideal when he joined the
B.A.R.K. Chapter. He and his Chapter
have worked on a wide range of civil
rights issues including actively monitor-
img Berkeleys = Police Practices
Commission to ensure more citizen
friendly responses to complaints about
law enforcement; successfully advocat-
ing for the passage of a City of Berkeley
c | don't have a great story about life
Chapter Meetings
Contact the Chapter activist listed for your area.)
B-A-R-K (Berkeley-Albany-Richmond-
Kensington) Chapter Meeting: Meet the third
Wednesday of each month at 7p.m. at the Vege House
restaurant in Berkeley (2042 University Avenue at
Shattuck). For more information, contact Jim Hausken:
(510) 558-0377. :
Lesbian, Gay, Bisexual and Transgender
Chapter Meeting: Contact Roy Bateman (415-621-
7995) if you are interested in reinvigorating this chapter.
Marin County Chapter Meeting: Meet on the
third Monday of each month at 7:30 p.m. Currently
meeting at the West End Cafe, 1131 Fourth Street in
(Chapter meetings are open to all interested members.
David Carducci
B.A.R.K. Chapter
ordinance that permits the cultiva-
tion of marijuana for medicinal
use; supporting legislation in favor
of Death with Dignity; and main-
taining a civil rights hotline. In
addition, whenever the opportuni-
ty arises, Carducci and the Chapter
are out in the community tabling at
local events and street fairs to
recruit new. members and talk to
the public about civil rights issues.
For the past year, Carducci has
also represented his Chapter on the
ACLU-NC's Field Committee and
Board of Directors. Since January, he
has served on the ACLU-NC Legal
Committee. Although Carducci is a
relative newcomer to the ACLU, he is
no stranger to fighting for people's
rights. For the last several years, he
has been a staff attorney.at Bay Area
Legal Aid, the largest local provider of
free civil legal services for low-income
people. He specializes in housing dis-
crimination cases and usually represents
people with disabilities.
" like for there to be a level playing
field," said Carducci. "That's why I like
representing disabled people. We step in
and make it a fair fight."
The ACLU-NC's Legal Committee ben-
efits from Carducci's professional exper-
tise. Robert Capistrano, who serves with
Carducci on the committee, said: "Dave is
very knowledgeable about discrimination
be it on the basis of disability, race, family
status, composition or national origin.
He also has a great deal of experience
with clients who are actually affected by
ACLU cases." Like Carducci, Capistrano
also works for Bay Area Legal Aid.
"Dave is quick to volunteer for pro-
jects, and he really goes out of his way to
help people get work done," said Chapter
member, Philip Mehas. "He's a great asset
to our Chapter and to the ACLU." @
Hold the Date!
| evil of earl k NT eater
Pectiec a econ aay er]
2:00-5:00 PM -
The Argent Hotel, San Francisco
San Rafael. Contact Coleman Persily for more intor- |
mation: (415) 479-1731. Or call the Marin Chapter
complaint hotline at (415) 456-0137. |
Mid-Peninsula Chapter Meeting: Meet the third
Saturday of the month. Contact Harry Anisgard for more
information: (650) 856-9186. . |
Monterey County Chapter Meeting: Meet the
third Tuesday of the month at 7:15 p.m. at the Monterey
Public Library. Contact Matt Friday: (831) 899-2263.
Or to report a civil liberties concern, call Monterey's com-
plaint line: (831) 622-9894.
North Peninsula (San Mateo area) Chapter
Meeting: Meetings usually held at 7:30 on the
third Monday of each month, at the downstairs con-
ference room at 700 Laurel Street (off Fifth Avenue).
Contact Linda Martorana: (650) 697-5685.
ACLU News = Sumner 2002 = Pace 8
Gay Pride Parade
sornscnanen
GiG1 PANDIAN
Paul Robeson (Oakland) Chapter Meeting:
Usually meet the fourth Monday of each month at the
Rockridge library. Contact Louise Rothman-Riemer:
(510) 596-2580.
Redwood (Humboldt County) Chapter
Meeting: Meet the third Tuesday of each month at 7
p.m. at the Redwood Peace and Justice Center in Arcata.
Please contact Roger Zoss: rzoss@mymailstation.com or
(707) 786-4942. Or call the Redwood Chapter of the
ACLU:(707) 444-6595 or visit www.acluredwood.org
San Francisco Chapter Meeting: Meet the third
Tuesday of each. month at 6:45 p.m. at the ACLU-NC
office (1663 Mission Street, Suite 460). Call the
Chapter hotline: (415) 979-6699.
Santa Clara Valley Chapter Meeting: Otten
meet the first Tuesday of every month at 1051 Morse
e ACLU of Northern California
marched proudly in the annual
San Francisco Gay Pride Parade
that took place on June 30th. The
_theme of the ACLU's group was
"Freedom to Marry," with many of
the marchers dressed in wedding
attire. The ACLU-NC is part of the
coalition fighting to win the free-
dom to marry for all Californians
regardless of gender or sexual ori-
entation. While domestic partner-
ships and civil unions provide
important protections to same-
sex couples, they are not equal to
marriage. Neither domestic
parinerships nor civil unions
are recognized by the federal
government, so more than 1,000
laws that apply to married cou-
ples do not apply to same-sex
couples.
Learn more about the coali-
tion and find out what how
you can help win the freedom
to marry! (www.civilmar-
riage.org/)
Street (at Newhall) in San Jose. To confirm meeting
schedule, contact Sam Freund: acluscv@hotmail.com.
Santa Cruz County Chapter Meeting: Usually
meet the third Thursday of each month at 7 p.m., but
this may change so please contact Marge Frantz:
(831) 471-0810.
Sonoma County Chapter Meeting: Usually
meet the third Tuesday of each month, at 7 p.m. at
the Peace and Justice Center, located at 467
Sebastopol Avenue (east of 101). Call the Sonoma
hotline for more information: (707) 765-5005.
Chapters Reorganizing
Yolo County Chapter: If you are an ACLU member
in the Davis area, and are interested in reviving this
chapter, please call Natalie Wormeli: (530) 756-
1900.