vol. 69, no. 4

AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA

WHAT'S INSIDE

ACL

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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

e SO)

=o hase.

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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