vol. 69, no. 4
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AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA
WHAT'S INSIDE
ACL
a Vee
BECAUSE
FREED 0 M
news
PROTECT [lorie
tage 583
VOLUME LXIX ISSUE 4
PAGE 2
Before the Hurricanes:
ACLU Convenes in the Big Easy
November 8"
PAGE 5
Vote NO on Prop 73,
PAGE 6- v4
Remember to Vote for the
ACLU-NC Board
PAGE 8
Wrongly Accused:
Bill Limits Federal Appeals
PAGE 9
Up For Renewal:
Voting Rights Act Turns 40
STUN GUN FALLACY: NEW ACLU REPORT
CHALLENGES POLICE USE OF TASERS
By Yasmin Anwar
ew if any controls are imposed on police using Taser stun guns
to subdue suspects, which could explain the rise in Taser re-
lated fatalities in the region,
ACLU of Northern California.
In an exhaustive survey of Taser use in more than 70 police
departments across central and northern California, ACLU-
NC Police Practices Policy Director Mark Schlosberg found
that while stun-gun-related casualties have increased dramati-
cally in recent years, regulation of the weapon, billed by its
manufacturer, Taser International, as "non-lethal," remains
virtually nonexistent.
"Certainly, the failure of many in law enforcement to ask
tough questions early on and take a skeptical approach to Taser
International's sales pitch provides a partial explanation for the
lack of regulation," Schlosberg said. "But Taser International
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according to a new study by the
is also largely responsible because its questionable marketing
practices and exaggerated safety claims provide the basis for
local police policy."
In the report, titled "Stun Gun Fallacy: How the Lack of
Taser Regulation Endangers Lives," the ACLU-NC is asking
police and local and state lawmakers to place tighter restric-
tions on stun gun use. The ACLU-NC is also asking police
departments to bring their training materials in line with
new information about the safety hazards of Tasers and stop
depending on the manufacturer's loose guidelines on how to
use the stun gun.
CONTINUED ON PAGE 10
YASMIN ANWAR
Os a
ACLU-NC Police Practices Policy Director Mark
Schlosberg at the press conference unveiling the
ACLU-NC's Taser study.
GANG INJUNCTION A `LIFE SENTENCE
FOR WEST SACRAMENTO
By Stella Richardson
EST SACRAMENTO - The small, tree-lined com-
munity of West Sacramento, just across the river from
California's seat of government, has become the target of a
sweeping permanent gang injunction that violates the consti-
tutional rights of its residents and disrupts family life.
Last February, Yolo County Assistant District Attorney
Jeff Resig announced that 350 alleged members of the
Broderick Boys gang were going to be served with the
sweeping permanent injunction. The DA gave only one
person, who lives in another town, notice that he was seek-
ing the injunction. With the exception of this one person,
no one now affected by the order had any prior knowledge
of the court proceedings, and no opportunity to defend
themselves.
CONTINUED ON PAGE 3
BILL OF RIGHTS DAY 2005
S "Buy your ticket online
VOTENOONPROP73.
BEFORE THE HURRICANES: ACLU GETS
DOWN TO BUSINESS IN THE BIG EASY
ust weeks before Hurricane Katrina slammed into the Gulf
Coast, more than 600 ACLU members from affiliates across
the nation flocked to New Orleans for the organization's 2005
biennial conference.
During three steamy days in late July, conference partici-
pants got down to the serious business of rallying for civil
rights and liberties in the face of the Bush administration's war
on terrorism. Topics ranged from the USA PATRIOT Act and
unlawful detentions at Guantanamo Bay Prison to the death
penalty, reproductive rights and stem cell research.
Highlights included presentations by the former President
of Ireland, death penalty opponent Sister Helen Prejean, au-
thor of "Dead Man Walking," and a ceremony awarding the
ACLU's highest honor, the Medal of Liberty, to five military
defense lawyers who represented the first round of defendants
at the Guantanamo Bay tribunals and challenged the entire
military commission system.
"These five uniformed officers have gone above and beyond
the call of duty in challenging the gross denial of legal rights
to Guantanamo detainees," said ACLU Executive Director
Anthony D. Romero.
Earlier, in his State-of-the-Union address to the confer-
ence, Romero warned that civil liberties and rights would
"We have
to acknowledge the seriousness of the terrorist threat that will
continue to be threatened in the aftermath of 9/11:
National ACLU Executive Director Anthony Romero
and ACLU-NC Executive Director Dorothy Ehrlich
thank ACLU-NC Finance Director Bonnie Anderson
for participating in the ACLU' "Legacy Challenge" and
welcome her to the DeSilver Society, the ACLU' recognition
group for supporters who remember the ACLU in their estate
plans. Anderson and her partner Dan Kinghorn included
the ACLU Foundation in their Wills and generated through
the "Legacy Challenge" an immediate cash grant matching
10 percent of their bequest. For more information, please
contact Stan Yogi at (415) 621-2493 "330.
continue." But, he said, "No matter what happens, no one is
beneath the law's protections."
On a lighter note, Romero noted that he was ranked No.
5 on Bernard Goldberg's book on the "100 People Who Are
Screwing up America" for his "absolutist position on free-
dom."
"We wear this mission as a badge of honor," Romero said.
"Our membership is at an all-time high. We're having an im-
pact on critical issues." But, he warned: "This is not the time
to rest on our laurels."
While the days at the Ernest N. Morial Covention Center
were packed with debate over pressing threats against civil
rights, the evenings provided an opportunity for conference
members to savor the Big Easy's jazz and gumbo, among other
delights.
Little did conference members know that a powerful hur-
' ricane, five weeks later, would ravage the below-sea-level city,
causing mass evacuations and deaths because of emergency
response failures. ACLU staff members on the Gulf Coast have
all been accounted for, and the New Orleans office is relocat-
ing to Baton Rouge.
The ACLU is currently monitoring potential civil rights viola-
tions arising from the disaster, including the treatment of prison
inmates, the possible racial segregation of evacuees returning to
school and the screening of evacuees at disaster shelters. m
NEW STAFF
AT THE ACLU-NC
Yasmin Anwar, a writer with 14 years of newspaper jour-
nalism experience, is the ACLU-NC's new Senior Com-
munications Associate. She comes to us most recently
from The Honolulu Advertiser in Hawaii, where she was
an editorial writer and news reporter. Before that, she was
a staff writer for The Oakland Tribune. She has also been a
news intern for the San Francisco Chronicle and a reporter
for USA Today. She has taught reporting and feature writ-
ing at San Francisco State University, where she studied
journalism. Yasmin also has a BFA from the California
College of the Arts in Oakland.
Cori Stell, our new Major Gifts Officer, came to the
ACLU-NC after serving as Director of Development for
the Legal Community Against Violence, a national pub-
lic interest law center dedicated to preventing gun vio-
lence. She holds a BA degree from Vassar College. Cori
brings a wealth of experience in generating support from
lawyers and law firms through events, memberships and
individual gifts, and has led efforts to create major gifts
programs. @
A challenging volunteer position awaits as an Intake/Complaint Counselor.
As counselor, you will help staff the complaint lines, open weekdays from 10 a.m.-3 p.m.
Due to the training involved, the position requires
a commitment to volunteer at least once a week for
six months.
DUTIES INCLUDE:
a Analying and one calls o complains which
as an ACLU tepresentative to the oS
ee Pen. contact a Conia (415) 621-2493 x329 if you _
are daterested | in a a counselor pecition
REQUIREMENTS ARE:
@ A strong commitment to the protection of civil liberties
and a desire to help those who seek the ACLU's help.
(R) Good telephone skills and a general ability to work well _
with the public.
@ Basic counseling and interviewing techniques.
_(R) Familiarity with ACLU policies and issues.
(R) Individuals with bilingual skills are een encouraged
to ae
HENRY SINTON:
A STEADFAST ACLU SUPPORTER
EVEN AFTER DEATH
By Stan Yogi
H2" Sinton, who died last year at 87, always
admired the ACLU's boldness. In his honor,
Sinton's family recently contributed $50,000 to es-
tablish the "Henry Sinton Memorial Gift" to sup-
port the ACLU's quick response to civil liberties
crises. "My father was an impatient person," said
his daughter, Patricia Adler, "so I believe this gift
would please him."
Born in Boston, Mass., Sinton moved to San
Francisco at age 12. Later, as a Yale undergradu-
ate, Sinton learned of quotas on Jewish students,
and his roommate, a first generation Russian Jew,
opened his eyes to social injustice. Their friendship
ignited Sinton's lifelong affinity for underdogs.
Sinton married Carol Walter in 1938 and
worked for her family's San Francisco carpet and
drapery business for 25 years before establishing a
small commercial real estate firm. After retiring, he
was a San Francisco Zoo docent and stewarded his
family's investments. A born raconteur, he enter-
tained listeners with his embellished stories.
In 2003, Sinton wanted to make a gift in his
wife's memory, and the ACLU was the first organi-
zation that came to mind. He and his children set
up an endowment, the Carol Walter Sinton Fund
for Freedom of Expression.
"The family established the Henry Sinton Me-
morial Gift because of the ACLU's brilliant lawyers,
well-developed infrastructure and track record,"
explained Adler. "Not many organizations can act
so quickly and effectively."
"Henry Sinton was a delightful man," said
ACLU-NC Executive Director Dorothy Ehrlich.
"We are deeply grateful that this gift will protect
the civil liberties so important to him." 0x2122
ABR oie
THE QUARTERLY PUBLICATION OF THE
AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA.
Membership ($20 and up) includes a subscription to the
ACLU News. For membership information call
(415) 621-2493 or visit www.aclunc.org/join.html.
Quinn Delaney, CHAIR
Dorothy Ehrlich, EXECUTIVE DIRECTOR
Erika Clark, EDITOR
Yasmin Anwar, MANAGING EDITOR
DESIGNER AND
EDITORIAL ASSISTANT
Gigi Pandian,
1663 Mission Street #460, San Francisco, CA 94103
(415) 621-2493
2 | ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF
STELLA RICHARDSON
GANG INJUNCTION SHROUDS COMMUNITY contwueo reom pase
In response, the ACLU of Northern California (ACLU-
NC) filed a motion on July 28 asking the Yolo County Supe-
rior Court to set aside the gang injunction, arguing that due
process rights were violated. The injunction bars alleged gang
members from "standing, sitting, walking, driving, gathering
or appearing" together in a 3-square-mile area.
The motion was filed on behalf of Angelo Velazquez, Jason
Swearengin, Benjamin Juarez, and Keith Edwards who only
learned about the injunction a week after it was issued, when
teams of law enforcement agents showed up at their homes
and workplaces to serve them with the order.
"The procedures adopted by the district attorney resulted
in the constitutional rights of hundreds of people, and their
families, being taken away without any opportunity for them
to defend themselves in court," said ACLU-NC Legal Director
Alan Schlosser. "And to make matters worse, the loss of their
personal freedom is not just for a day, a month, or a year, but
for the rest of their lives. Due process requires more." "Law
enforcement's war on gangs or use of the gang label should
not disqualify targeted individuals or communities from their
constitutional rights," Schlosser added.
Jason Swearengin, 25, who grew up in West Sacramento,
"When the
police and members of the SWAT team arrived at my work-
said the injunction came as a complete surprise.
place and served me with the injunction, I was shocked. I
Left to right: Jory Steele, ACLU-NC attorney; Martha
Garcia, W. Sacramento Jason
Maria Gonzalez, partner of W.
Sacramento resident served with the injunction; and
Juniper Lesnik, ACLU-NC staff attorney fellow.
community activist;
Swearengin, defendant;
By Stella Ried
MOTHBALLED
The 90x00B0 US. Circus Count of Appeals ruled in July
that the government could not simply mothball Una-
bomber Ted Kaczynski's writings. In its ruling, the
court ordered the Sacramento U.S. Attorney's Office
to use the papers in a way that maximizes their value
to help pay $15 million in restitution to victims of his
mail-bombing campaign. If the government refuses to
do so, the court ordered that the thousands of papers
and books seized by the FBI be returned to Kaczynski.
Kaczynski planned to donate his writings to the Uni-
versity of Michigan, which has agreed to accept them.
The university plans to house them in a special collec-_
tion of materials on radical social and political move-
ments, known as the Joseph Labadie Collection. In an
amicus brief filed on behalf of librarians and archivists
last year, the ACLU-NC argued that scholars and the
general public have a First Amendment right to review
the original writings.
"This is a case about the public's First Amendment
right to investigate and study the thinking and moti-
vation of Ted Kaczynski as evidenced by his original _
writings, and 1 in doing so, to Fae foster greater wader
had not done anything wrong and yet I was being treated
like a criminal." Swearengin expressed particular concern
"How will I
know if I'm violating the injunction if1 don't know who's on
"HOW WILL | KNOW IF I'M
VIOLATING THE INJUNCTION
IF | DON'T KNOW WHO'S ON
IT? THIS IS A TIGHT-KNIT
COMMUNITY AND WE HAVE
ALL GROWN UP TOGETHER
AND ARE USED T0 DOING
THINGS TOGETHER."
-JASON SWEARENGIN,
A TARGET OF THE WEST
SACRAMENTO GANG
INJUNCTION
because he does not know who is on the list.
it? This is a tight-knit
community and we
have all grown up to-
gether and are used to
doing things together."
Among other restric-
the
prohibits those targeted
tions, injunction
from meeting or speak-
ing with one another,
or being out of their
homes between 10 p.m.
and sunrise. Those who
violate these terms face
fines or jail time.
Longtime _activist
Martha Garcia points
to how it is eroding the
vibrant fabric of the La-
tino community where she has lived for more than 20 years.
"The injunction means that uncles and fathers can't attend
each other's family barbecues, or kid's birthdays and weddings.
`They can't attend Cinco de Mayo or Fourth of July celebra-
tions because they don't know who will be there. This perma-
nent injunction is a life sentence for our entire community,"
she said.
Following community protests and a town hall meeting
where residents spoke out against the injunction, the district
attorney downgraded his estimate of the Broderick Boys mem-
bership to 180. But because his office lacks criteria to deter-
mine who is a gang member, and holds the ultimate power in
deciding whom to serve, police have a roving warrant to serve
whoever, whenever they like.
Maria Gonzalez, the girlfriend of Velazquez, said she is
worried: "It is hard every day. Angelo and I both work and
go to school during the day. In the evenings we are busy
preparing dinner, getting the homework done, and getting
our kids into bed by 9p.m.. Only then do we have time to
see if we are running out of milk, or if I need medicines for
my back. By then it is almost 10 p.m. and Angelo can't go
| LEGAL BRIEFS ls
standing of a terrorist's motives in efforts to prevent -
COURT RULES THAT unasonsee' s airings CAN' T BE
future acts of terror," said ACLU-NC cooperating at-_
torney Christopher Durbin of Cooley Godward LLP
ACLU-NC staff attorney Margaret Crosby worked on
the brief. The court's decision now opens the door to
such a possibility.
LESBIAN COUPLE WINS BIAS CASE AGAINST GOLF CLUB
In response to a lawsuit filed by a lesbian couple who
were discriminated against by the Bernardo Heights
Country Club, the California Supreme Court has
tuled that, under the Unruh Civil Rights Act, the busi-
married couples and registered } domestic partners.
`The couple said that the private golf country club
refused to extend to them certain benefits it extends to
married couples. Under the club's rules, the " spouse" of
a member i is entitled to valuable club. privileges, such
as the unlimited right to play on the club's courses for
: free and the right of inheritance. The privileges did
not extend to domestic partners, even if my are -
_ istered,
ACLU California affiliates, he a and Gay
Rights Project, and the Anti- Defamation League filedan _
_ amicus brief on the history of marital status discrimina-
ness was not permitted to make a distinction between
AMANDA RIDGE
A March 30, 2005 anti-gang injunction rally at West
Sacramento City Hall, FreeWestSacramento.org.
outside. Every day, my entire family, and not just Angelo, live
under this injunction."
Rose Trujillo, 78, has lived in West Sacramento for more
that half a century. "I've raised my grandchildren and children
here. My son David is a decorated Vietnam War veteran who
spent nearly 12 years as a West Sacramento police officer," she
said. "Until last year, I attended Mass at Holy Cross church
every Thursday night without any problem and only stopped
doing so because of health problems. And during all these
years, I've never felt afraid in my community. That is why I
know this injunction is wrong."
A court hearing on the motion to set aside the injunction is
expected before the year's end. m
`tion n and how c courts anc legis tures Across" the country
have oe to praia such discrimination.
ACLU CHALLENGES NAPA SCHOOL 5 DRESS CODE
The ACLU-NC is asking that the dress code at Napas
Redwood Middle School adhere to free speech
guarantees. In an Aug. 23 letter to the Napa Valley
Unified School District, the ACLU-NC pointed out
that Redwood Middle School's strict dress code-which _
prohibits jeans, other denim and clothing with logos,
patterns or pictures of any kind except for school and
team logos-violates. the state Education Code and
state and federal constitutions protecting: a speech
and expression.
__ The ACLU wrote the letter on behalf of the parents
of students who had `requested exemptions from the
dress code, but whose children had nonetheless been
removed from. class during: the first day of school be-
_ cause of their attire. One wore a brown shirt with a
pink border, a denim skirt and socks with a a picture of
Winnie-the-Pooh's Tigger. Others wore jeans.
In the letter, the ACLU wrote, when a school's dress
"code is used to ban clothes because they have certain
slogans, then it really becomes ; an issue of free speech,
not # personal appearance. =
ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF | 3
AN EYE-OPENING TOUR OF CALIFORNIA'S
JUVENILE JUSTICE SYSTEM
By Sarah Jo, age 17, a member of the Friedman Youth Activist Committee and freshman at San Francisco State University
o dozen northern California high school students in August took
an eye-opening tour of the state's juvenile justice system, and came
away with some profound insights.
Titled "Guilty Until Proven Innocent: A Youth Study of
the Influences and Consequences of Juvenile Justice," the
week-long tour was sponsored by the ACLU's Howard A.
Friedman Education Project. With a packed agenda, stu-
dents traveled around the Bay Area and to southern Califor-
nia, meeting a variety of people involved in the punishment
and rehabilitation of young offenders, as well as advocates for
reform of the unwieldy system.
"Students were able to meet with folks at multiple levels
of the system-from those in traditional positions of power,
to people who have direct experience going through the sys-
tem, to juvenile justice reform experts," said Eveline Chang,
Friedman Project Director.
| "They've begun exploring critical questions about the root
causes of juvenile crime, how societal concepts of young peo-
4 | ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF
ple impact policy, and what programs really work," Chang
said.
Kiran Savage-Sangwan, a senior at Davis High School,
came away with this insight: "We, as a society, have decided
that we must criminalize acts that are symptoms of social
issues, as opposed to examining and addressing them from
the root," Savage-Sangwan said. "We have made addiction,
poverty, and desperation reasons to lock people away, and by
doing so we have torn apart whole communities and left the
real issues to destroy more lives. While we continue to ignore
real lives and real needs, we pretend to be addressing prob-
lems by expanding this system we mistakenly call justice."
Members of the Friedman Project's Youth Activism Com-
mittee (VAG) plans to
use the information they
"THEY VE BEGUN EXPLORING
CRITICAL QUESTIONS
ABOUT THE ROOT CAUSES
OF JUVENILE CRIME, HOW
SOCIETAL CONCEPTS OF
YOUNG PEOPLE IMPACT
POLICY, AND WHAT
PROGRAMS REALLY WORK."
-EVELINE CHANG, HOWARD
A. FRIEDMAN PROJECT
DIRECTOR
gathered on the tour
to inform their fellow
students about how the
juvenile justice system
is serving the youth of
California. The students
will be speaking in class-
rooms across northern
California throughout
the school year, and have
compiled a report docu-
menting the trip with
their writings, artwork,
poetry and photographs,
which will be available
December 2005.
`The juvenile justice tour was the tenth summer trip spon-
sored by the Friedman Project. Previous investigations have
included tribal sovereignty, corporate America, and immigra-
tion.
The ACLU-NC's Friedman First Amendment Education
Project was established in 1991 in memory of former Chair
of the ACLU-NC Board of Directors, Howard A. Friedman.
`The Project strives to embody his deep commitment to the
education of young people by encouraging them to explore
and question the complex civil rights and constitutional is-
sues of the day.
In addition to sponsoring the yearly trip, the project also
organizes an annual northern California high school stu-
dents' rights conference, provides speakers for high school
civics and history classes,
and serves as a model for
Other GLU) attiliates by
making the Bill of Rights
come alive for thousands of
"WE, AS A SOCIETY,
HAVE DECIDED THAT WE
MUST CRIMINALIZE ACTS
yea Boel THAT ARE SYMPTOMS
te es, cle" OF SOCIAL ISSUES, A
OPPOSED 10 EXAMINING
AND ADDRESSING THEM
FROM THE ROOT."
-KIRAN SAVAGE-
SANGWAN, 17, STUDENT
AT DAVIS HIGH SCHOOL
Grime, 6c Wclinqucney,
Haywood Burns Institute,
Alameda County Juvenile
Court, Books Not Bars, San
Francisco Chief Probation
Officer Bill
Center for Young Women's
Siffermann,
Development, Center for
Juvenile and Criminal Jus-
tice, Marin County Juve-
nile Hall, Youth Justice Coalition, Homies Unidos, Crime
Victims United, Los Angeles Central Juvenile Hall, Heman
G. Stark California Youth Authority Facility, Boys Republic,
Santa Cruz Probation Office, Barrios Unidos, and The Beat
Within.
ON THE NOVEMBER 8, 2005 SPECIAL ELECTION BALLOT
Vote NO on Proposition 74
Prop 74 would make it easier to fire untenured public
school teachers. Under the current system, teachers can
be dismissed with no right to a hearing, during their first
two years on the job. Prop 74 would extend that pro-
bationary period to five years. Prop 74 raises significant
due process concerns; public employees should not be
subject to dismissal for five years for possibly arbitrary
reasons, with no oversight whatsoever. Prop 74 threatens
academic freedom because it makes it easier to fire new
teachers who may have controversial positions.
Vote NO on Proposition 75
Prop 75 would limit the right of labor unions to participate
in the political process. Currently, unions may use a portion
of union dues for political activity unless a union member
affirmatively objects. This initiative would require union
members to affirmatively authorize unions to use dues for
political advocacy and require burdensome accounting and
reporting procedures. The initiative would threaten the abil-
ity of working people to participate in the political process.
Vote NO on Proposition 77
Prop 77 would change the process of redistricting Califor-
nia's Senate, state Assembly, congressional and Board of
Equalization districts, transferring that authority from the
Legislature to a panel of three retired judges. The ACLU-
NC is particularly concerned about the civil liberties impli-
cations of two aspects of this proposition. First, because the
Vote NO on Proposition 73
Prop 73 would amend the state Constitution to require physicians to notify the parents of young women under the age of | commission will be composed of retired judges, it will not
18 before performing an abortion. Once a parent has been notified, the physician must wait 48 hours before performing teflect the diversity of California's population in terms of
the procedure. Only those teens who face a medical emergency, or obtain a "judicial bypass" are exempt from the parental _ face, gender, income or age. Second, mid-decade redistrict-
9 a S e ee e B 9 7 and a
notification requirement. A vote against Proposition 73 is a vote for teen safety because the government shouldn't be in the _ ing creates a serious "one person, one vote" problem because
business of forcing itself into sensitive family decisions.
For more information, visit the campaign website at: www. NOonProposition73.com.
the lines drawn will be based on the 2000 Census, which is
outdated because.several groups, including minorities and
the poor, have grown dramatically in the last five years.
Con Anold ie has 30 . in which to
sign or veto bills sent to him upon recess of the Legislature.
_ At press time, it was still unclear how the governor would
act on many bills that made i it to his desk. To find out what
action you can take to support the ACLU's efforts to ad-
vance and protect civil liberties in the state Legislature, visit
the ACLU-NC Action Center, at www.aclune. org/takeac-
tion. himl.
Following are _ updates on bills that the ACLU has been
watching closely:
MARRIAGE EQUALITY: GOVERNOR VETOES BILL FOLLOWING
HISTORIC PASSAGE IN THE LEGISLATURE
AB 849 (Leno-D), the Religious Freedom and Civil Mar-
riage Protection Act, would have ended marriage discrimi-
nation against same-sex couples in California. The bill also
was intended to protect the freedom of religious institu-
tions to perform marriage ceremonies as they choose.
Approving the measure by the barest of majorities, the
California Assembly and Senate became the first state
legislature in the nation to vote in favor of equal marriage
rights for same-sex couples. The Assembly reversed a vote
`tejecting the measure just three months earlier. `This his-
toric moment in the ongoing civil 1
discrimination se `inst LGBT communit
PRIVACY AND
truggle to end
meant that the |
SACRAMENTO REPORT
bill could advance to the governor's desk. However, there
were early indications from the governor's office that he
would veto the bill, and wait for the issue to be decided in
__ the courts and at the ballot box.
The ACLU worked closely with Equality California and
a host of other civil liberties groups to push for passage of
this bill in the state Legislature. We will continue to fight
for marriage equality as the issue moves forward.
MEDIA ACCESS TO PRISONS PASSED BY THE STATE LEGIS-
LATURE; BILL SENT TO THE GOVERNOR
SB 239 (Romero-D) restores the right of the media to
conduct interviews with specific inmates. The bill, co-
sponsored by the ACLU and the California Newspaper
Publishers Association, helps maintain accountability of
the state prisons, and ensures that the press can provide the
public with information necessary to reach intelligent and
informed opinions about the operations of the correctional
system.
`The bill passed with bi-partisan support in the Legisla-
ture, and is headed to the governor for his signature or veto.
An almost identical measure, AB 698 (Haynes-R), also
passed out of the Legislature. At press time, it remained
unclear how the governor will act on the twin bills. The
ACLU will continue to lead efforts to build transparency in
the operations of California's state prison system.
RADIO FREQUENCY IDENTIFICATION
BECOMES A TWO-YEAR BILL: pon 10 PROTECT PRIVACY
CONTINUES
SB 768 (Simitian-D) protects individual privacy by restrict-
ing the use of Radio Frequency Identification tags (RFIDs) -
-embedded ships which can ey transmit personal
bill next year. a
i. are oe
Although the bill, formerly SB 682, .
Senate with bi-partisan support, it remained pale on
the Assembly floor at the close of the legislative year. In
the coming months, the ACLU, along with co-sponsors -
of the bill, Privacy Rights Clearinghouse and Electronic
Frontier Foundation, will continue to negotiate its scope. :
The ACLU has emerged as a leader in the fight to establish
a common-sense policy to protect individual privacy and
security before rushing to use this new technology. Look
for this bill to return next year.
REDUCING FALSE CONFESSIONS BECOMES A TWO-YEAR
BILL; EFFORT TO PROMOTE CRIMINAL JUSTICE REFORM
CONTINUES
SB 171 (Alquist-D) requires electronic codes ai in-
terrogations of those in police custody who are accused
of homicides and other violent crimes. By decreasing the
likelihood of false confessions, the bill protects the tights
of both the accused and law enforcement, and brings an
added measure of accountability and transparency to the
fact-finding element of a police investigation. _ _
SB 171 passed the Senate with bi-partisan support, but
was held in the Assembly Appropriations Committee be-
cause of cost concerns. We are hopeful that the new! con-
vened California Commission on the Fair Administration
of Justice will help bring a renewed focus t tothisimportant
issue as the ACLU continues to spemar and a for this _
ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF | 5
JIM BLUME
CANDIDATES"
During these perilous times when many of our hard-won and cherished civil liberties are
under assault, it would be a great honor to serve on the Board of the ACLU-NC.
From 1988-1994, when I previously sat on the Board, I was actively engaged on a variety
of committees including the Finance Committee and its sub-committee, the Endowment
committee, where I continue to serve. I also assisted ACLU National when it established its
Endowment Fund. I currently serve as a Board member of The Ploughshares Fund.
I am an investment advisor in the East Bay.
I hope you will support my candidacy for Board membership. I can assure you that I will,
if elected, serve will dedication and vigor.
NOMINATED BY: Board of Directors
INCUMBENT: Yes
LOVELY DHILLON
It would be an honor to serve on the Board of the ACLU of
Northern California. As an Asian American immigrant raised
in the Deep South, I realized early on the difference that race
and class make and the way in which our laws provide a path
for us to move toward justice and equality. I have dedicated my
career - as a domestic violence and hate crimes prosecutor, and as
the Executive Director first of the California Minority Counsel
Program and presently of the Law School Consortium Project
-and my volunteer work to moving forward the ideals set out in
our laws. It would be my privilege to join the ACLU in its efforts
to honor our legal ideals with integrity and vision.
NOMINATED BY: Board of Directors
INCUMBENT: No
STATEMENTS
ANGEL GARGANTA
I am a litigation partner in the law firm of Bingham McCutchen
LLP. I served on the ACLU-NC Board from January 2001 to No-
vember 2003 and would be honored to serve again. As an openly
gay Latino, I am concerned about the attacks on our civil liberties
and the politics of scapegoating and division in which our govern-
ment has seen fit to engage since the attacks of Sept. 11, 2001.
The ACLU has led, and continues to lead, the fight against these
erosions of our constitutional freedoms.
I served on a number of other community boards, including those
of the Bar Association of San Francisco, the Lawyers' Committee
for Civil Rights of the San Francisco Bay Area and La Raza Centro
Legal, a non-profit legal organization serving San Francisco's Latino community. I would appreci-
ate your vote and support.
NOMINATED BY: Board of Directors
DICK GROSBOLL
I am excited about returning to the Board of Directors of the
ACLU of Northern California. The ACLU-NC continues to be
at the forefront of the major civil liberties and civil rights struggles
of our times. I was proud to have been the Chair of the ACLU-
NC Board from 1995-1999. Previously, I served as Chair of the
Legislative Policy Committee, the Field Activism Committee and
the Pro-Choice Action Group. Recently, I served as Chair of the
ACLU-NC's Building Committee. We have much work to do.
L ask for your vote.
NOMINATED BY: Board of Directors
INCUMBENT: Yes
6 | ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF
HIRAA KHAN
I am honored to be nominated for the Board. As a member
of the Muslim community as well as the Pakistani-American
community, I understand the protection of civil liberties is
important as ever.
I grew up in Northern California, attending public school in
San Jose before going to UC Berkeley. I am currently a third year
student majoring in Political Science and History. After gradua-
tion from UC Berkeley I intend on attending law school.
Iam the Co-President of the Berkeley ACLU campus chapter.
Our club is known, on and off campus, for its dedication to
protecting civil liberties. This past summer I also interned for the ACLU's new San Jose office.
I look forward to learning from this experience on board, while also offering what
experience I have.
NOMINATED BY: Board of Directors
PETER KWAN
I am very honored to be nominated for a second term. Dur-
ing my first term, I witnessed the crucial work of the Afhliate
to ensure that our civil rights and liberties are strongly pro-
tected. This appreciation comes also from the committee
roles I have undertaken including the Legal Committee. As
an openly gay Asian member, I am often reminded of the im-
portance of having those minority voices represented on the
Board. Despite the Affiliate's remarkable growth recently, the
work is far from complete. As a legal educator, I am aware of
the unprecedented threats facing our civil rights and liberties
under the guise of family values and national security. I hope to be able to help fight these
threats by continuing to serve you.
NOMINATED BY: Board of Directors
PHILLIP MEHAS
I am again honored to be nominated to the ACLU-NC Board
after serving on it for 3 years, the Berkeley Chapter Board for 4
years and the SF Chapter Board for 9 years. ] am a passionate
civil libertarian and social justice activist with a strong interest
in the issues of Police accountability, Civilian oversight, Native
American rights, and opposing the Christian right agenda.
The ACLU-NC Board is the perfect debating forum to ef-
fectively mount programs to protect, defend and extend our
civil liberties that we all have seen eroding over the years under
the weight of the neo-con influence in our great country.
I will continue my dedication to this organization I so respect. I would appreciate your
NANCY PEMBERTON
I am honored to have been nominated to run for the board of
directors of such an august organization. The ACLU-NC has a
long and proud tradition of finding strength when civil liberties
face their harshest challenges. We are in the midst of yet another
attack on the principles which make this country so great, and
ACLU-NC has again risen to the challenge.
As treasurer of ACLU-NC, it has been my pleasure to watch the
organization grow to meet these challenges. I very much hope
you will allow me to continue that role.
NOMINATED BY: Board of Directors
INCUMBENT: Yes
JAHAN SAGAFI
As a Quaker, I have always believed in justice and equal rights
for all people, whether rich or poor, popular or unpopular, pow-
erful or marginalized. Now is a particularly important time for
the ACLU to ensure the fair, uniform, and robust enforcement
of the Bill of Rights.
As a plaintiffs' class action attorney with Lieff Cabraser, | fight
for the rights of individuals wronged by corporations. Prior, as
an editor of the Harvard Civil Rights-Civil Liberties Law Re-
view, I studied means for protecting freedom. In addition, as a
management consultant, I learned the importance of strategic
thinking and efficient practicality.
It would be an honor to continue this work with the ACLU.
NOMINATED BY: Board of Directors
INCUMBENT: No
ELIZABETH A. ZITRIN
I am honored to be nominated to the ACLU-NC Board. I am
on the San Francisco Chapter Board, and represent the chapter
at the Field Committee. I first worked for the ACLU on First
Amendment cases as a law student in Boston in the 1970s. I
practiced criminal defense law in San Francisco and for many
years have protected the rights of research subjects as commu-
nity Patient Advocate on the Committee on Human Research
at UCSF Medical Center. With civil liberties increasingly
threatened and eroded, the ACLU is our critical defense on
many fronts. I am passionate about our liberties, committed
to working to protect them, and I see service on the board as service to the Constitution and
Bill of Rights.
NOMINATED BY: Board of Directors
INCUMBENT: No
support.
NOMINATED BY: Board of Directors
INCUMBENT: Yes
= Fe ee ee ee
| |
| ACLU-NC BOARD OF DIRECTORS BALLOT }
Please vote by marking one square next to each candidate you support.
You may vote for up to 10 candidates on this ballot (joint members: use both squares). |
|
| C1 O) JIMBLUME C! (C1 PETER KWAN |
| |
C} (1 LOVELY DHILLON CLC! (1 PHILIP MEHAS |
| C1 (C1 ANGEL GARGANTA C] (1 _ NANCY PEMBERTON ,
| C1 C1 DICK GROSBOLL C1 (C1 JAHAN SAGAFI
|
| CL! (CJ HIRAA KHAN CL} ((c)) ELIZABETH ZITRIN
| Please clip and send along with your address label to: |
Elections Committee
| ACLU of Northern California |
| 1663 Mission Street, #460 i
San Francisco, CA 94103
| Ballots must be received by noon on December 8, 2005 l
meme ei i i i el Cl CCD
ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF | 7
FEDERAL BILL LIMITS `HABEAS CORPUS
RIGHT TO PROVE INNOCENCE
loria Killian of Sacramento was taking a break from law school
By Natasha Minsker
when she was convicted of a murder she did not commit.
She spent 18 years in a California state prison, and would
still be there today if a bill now under consideration in Congress
had been law.
Killian's conviction for the 1981 killing of 71-year-old
coin collector Ed Davis was based almost entirely on the
testimony of one of the real killers, who testified that she
was the mastermind behind the robbery-murder scheme.
Ultimately, that witness admitted he had lied to get
Killian convicted. For years, Killian tried to raise these
arguments in a state appeals court, but no one listened.
Then she went to federal court, where it was revealed in
an evidentiary hearing that the snitch admitted Killian's
innocence. The U.S. 9" Circuit Court of Appeals granted
a writ of habeas corpus in 2001 and Killian was freed.
Killian is
DATING BACK TO THE ecutive director of the
MAGNA CARTA AND
ENSHRINED IN THE U.S.
CONSTITUTION, THE
"GREAT WRIT" HAS BEEN
USED FOR CENTURIES TO
FREE THOSE ILLEGALLY
IMPRISONED BY THE
GOVERNMENT.
now ex-
California Action Com-
mittee for Women,
fighting for the rights
of the prisoners she left
behind. High on her
agenda is the battle to
stop the passage of the
"Streamline Procedures
Act," a bill that would
essentially strip people's
rights to argue their
innocence through a
federal process known as
habeas corpus. For it was through that very channel that
she was able to get out from behind bars.
Habeas corpus is an appeals process by which people
held in custody may argue before a federal judge that they
are innocent or that their constitutional rights were vio-
lated. Aside from being a means by which many wrong-
fully convicted people are freed, it also allows for factors
such as racial bias or prosecutorial misconduct at the state
court level to be addressed. Dating back to the Magna
Carta and enshrined in the U.S. Constitution, the "Great
Writ" has been used for centuries to free those illegally
imprisoned by the government.
Supporters see the bill as a means to speed up ex-
ecutions. However, the timing is baffling considering
the large number of exonerations of both death row and
non-death row prisoners in recent years. Critics of the bill
have speculated that its sponsors want to restrict habeas
precisely because of these exonerations.
Just last summer, the U.S. Supreme Court granted
Thomas Miller-El's petition for habeas corpus on the
grounds that racial bias in jury selection in his Texas trial
so tainted the entire proceeding that the guilt and death
verdict in his case were unreliable.
And many California prisoners have raised similar
arguments in habeas corpus proceedings, including
Stanley Tookie Williams, a death row inmate who was
nominated for the Nobel Peace Prize for his work to
prevent gang violence. The ACLU-NC filed an am-
icus brief in support of Mr. Williams' arguments in
fie ua@incuiesiiceU.s- Supreme Count nas dculed
his appeal.
But the courthouse doors could be slammed on
Miller-El and other death row inmates if the bill is
passed. Introduced by U.S. Sen. Kyl (R-Arizona) and
U.S. Rep. Lungren (R-California), the Streamline Proce-
dures Act would create new procedural hurdles that make
it difficult if not impossible for federal judges to look at
the evidence and listen to the arguments in the case. Un-
der the measure, for example, appeals filed late in state
court would not be heard in federal court, even if filed on
time in federal court. Indeed, the bill is riddled with traps
to trip up those who file petitions without the help of
an attorney. More than 90 percent of habeas corpus peti-
tions are filed by prisoners pro se, who are representing
themselves in court.
Proponents of the bill claim it contains an "innocence"
exception that will allow people with evidence of actual in-
nocence to get their day in court. However, this provision
is far more restrictive than the law currently in place.
Such problems spurred the ACLU-NC to send Killian
and another exoneree, Tom Goldstein, to Washington,
D.C., to tell Sen. Feinstein exactly what is at stake. Gold-
stein, a Vietnam veteran, was also wrongfully convicted
of murder based largely on the testimony of a notorious
jailhouse snitch, named, ironically, Edward Fink. Gold-
stein served 26 years in prison before he was released in
2003, based on a writ of habeas corpus that five federal
judges all agreed should be granted. When asked how he
endured the years in prison for a crime he did not com-
mit, Tom says he drew strength from his Jewish faith and
meditation.
Sen. Feinstein was moved by their stories, and at hear-
ings on the Streamline Procedures Act, she expressed grave
concern about its impact on the wrongfully convicted,
referring to Goldstein and Killian by name.
Feinstein's concern is echoed by many lawmakers and
members of the judicial system, including some conserva-
tives. Chief Justice Ron George of the California Supreme
Court, a Republi-
WITH SUCH FORMIDABLE AND
DIVERSE OPPOSITION, ONE
WOULD EXPECT THE MEASURE
TO FIZZLE. SADLY, PASSAGE
OF THE BILL REMAINS A HIGH
PRIORITY NOT ONLY FOR ITS
SPONSORS, BUT ALSO FOR
SEN. ARLEN SPECTER, CHAIR
can and prosecu-
tor before being
appointed judge,
the
Judiciary
sent Senate
Com-
mittee members a
letter urging them
to delay action on
the bill.
He also brought
the matter to the
OF THE POWERFUL SENATE Conference of
JUDICIARY COMMITTEE. ee ee
represents heads of
the highest courts in every state, which passed a resolution
opposing the Kyl-Lungren bill by an overwhelming mar-
gin. Twenty-three former state and federal judges also sent
a letter opposing the bill, including Judge Joseph Grodin,
a former member of the California Supreme Court, and
Judge Harry Low, formerly on the California Court of
Appeals.
Moreover, 67 former prosecutors submitted a letter to
the Senate Judiciary Committee opposing the bill. Signa-
tories included Ira Reiner and Gil Garcetti, both former
Los Angeles district attorneys. Reiner has expressed deep
concern that this bill will isolate prosecutors from federal
court review of their conduct. A staunch believer that the
prosecutor must serve the public and act in the most ethi-
cal manner, Reiner recognizes that the federal courts serve
an important role in making sure that every conviction
Albert Johnson, David Quindt, Gloria Killian,
and Thomas Goldstein, all wrongfully convicted
in California of crimes they did not commit and
later exonerated, at a dinner hosted by Death
Penalty Focus, announcing the introduction of
the moratorium bill, AB 1121.
has been reached fairly, with full due process to the ac-
cused.
Letters of opposition to the bill have also been submit-
ted by the Rutherford Institute, the American Conserva-
tive Union, the NAACP Legal Defense and Education
Fund, the ABA, the U.S. Conference of Catholic Bishops,
and Congressman Bob Bart, a Republican from Georgia
and former prosecutor.
With such formidable and diverse opposition, one
would expect the measure to fizzle. Sadly, passage of the
bill remains a high priority not only for its sponsors, but
also for Sen. Arlen Specter, chair of the powerful Senate
Judiciary Committee.
The committee is expected to consider the measure
later this month. The ACLU-NC and other opponents of
the bill will fight to protect the right of everyone to use
the "Great Writ" to assert innocence or argue that their
trial was tainted by bias or misconduct. Your support is
needed. and
Natasha Minsker is the ACLU-NC's Death Penalty
Policy Director
8 | ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF
KEY PROVISIONS OF VOTING RIGHTS ACT
MUST BE RENEWED
ugust 6 marked the 40" anniversary of one of the most profound civil rights laws in our nation's history.
In signing it into law the Voting Rights Act in 1965, President Lyndon Johnson lived up to the promise
of democratic participation for all Americans. The law remains as necessary and relevant today as it was
By Maya Harris
four decades ago, which is why commitment to it has been strong.
And that commitment has been bipartisan, inspiring lead-
ers from both political parties to unify the nation around this
most basic, fundamental right. For, while a Democrat signed
the Voting Rights Act (VRA) into law, four Republican presi-
dents- Nixon, Ford, Reagan and
George H. W. Bush-extended the
THE EXPIRING VRA after bi-partisan Congresses
PROVISIONS OF THE
VOTING RIGHTS ACT
ARE AS RELEVANT
TODAY AS THEY
WERE IN 1965.
extended key portions of the act
that were due to expire. Upon
approving the 1982 extension,
President Reagan held up the right
to vote as the "crown-jewel" of
American liberties.
It's not hard to understand why.
Not only did the VRA end literacy
tests, poll taxes and other mecha-
nisms used to disenfranchise voters, but it also guaranteed mil-
lions of minority voters the equal opportunity to participate in
elections and have their voices heard. Prior to its enactment,
there were fewer than 300 African Americans in public of-
fice nationwide, with virtually none elected anywhere in the
South. Today, there are more than 9,100 black elected officials,
including 43 members of Congress-the largest number ever.
The VRA has also opened the political process for many of the
more than 6,000 Latino public officials who have been elected
and appointed nationwide, including 263 elected at the state
or federal level, 21 of whom serve in Congress.
Moreover, when the law was extended in 1975 to include
protections for language minorities, Latino, Asian, Native
American, and Alaska Native citizens were given greater op-
portunities to participate in elections. In San Diego, Calif.,
for example, voter registration among Latinos and Filipinos
rose by more than 20 percent after the U.S. Department of
Justice stepped in to enforce the language assistance provisions
of the act.
Soon, we will be called upon as a nation to once again stand
up for the bedrock principle that every American have equal
access to the ballot box. While most of the VRA is permanent,
the following crucial provisions are set to expire in 2007 unless
Congress and President Bush act to renew them:
Section 5 requires jurisdictions with a documented history
of discriminatory voting practices to obtain approval from fed-
eral officials ("preclearance") before they change local election
procedures. This does not just affect the South. California joins
16 states that are subject to preclearance under Section 5.
Section 203 guarantees access to election materials in mul-
tiple languages for citizens with limited English proficiency.
`There are 31 states with Section 203 protections.
Sections 6 through 9 authorize the U.S. Department of
Justice to appoint observers to monitor elections and prevent
efforts to intimidate minority voters at the polls.
`Though much progress has been made since 1965, many
Americans continue to face obstacles when voting, as the 2000
presidential election showed. Fortunately, the VRA has the
authority to take down those barriers
At a time when America stakes much of its international
reputation on promoting democracy around the world, we
must ensure the vitality of democracy right here at home. The
expiring provisions of the Voting Rights Act are as relevant
today as they were in 1965. Let's call on Congress to renew
them. #
Maya Harris is the ACLU-NC Associate Director
ACLU BECAUSE FREEDOM CANT PROTECT ITSELF | 9