vol. 71, no. 1

AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA

Spoilight on the

ACLU-NC's new

Executive Director!

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defeating Prop 85

In her customary display of generosity and leadership,

Ehrlich, the Executive Director of the ACLU-NC from 1978

to late 2006, turned the event dedicated to celebrating her

three decades of service to civil liberties into a salute of the

many staff and board members who worked alongside her.

She remarked, "It has been a magnificent collaboration and

I have loved working with you all for 28 years." She added

that one of her greatest accomplishments was "persuading

Maya Harris to come join our staff. I cannot wait to see this

Organization

U.S. Postage

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Permit No. 4424

San Francisco, CA

Dorothy Ehrlich (center) in the audience at Bill of Rights Day with family members

including her daughter Jill (left) and husband Gary Sowards (right).

By Ravi Garla

organization soar on Maya's wings."

Her words echoed the very personal and celebratory nature

of the day, which featured prominent speakers drawn from

around the country, all of whom were either inspired or em-

powered by Ehrlich in the process of working with her.

Maya Harris, the newly appointed Executive Director of the

ACLU-NC, spoke of the vision, leadership, and mentorship

Ehrlich provided - Harris' voice quaking as she described what

many others would that day: the difficulty of watching both a

DOROTHY EHRLICH:

BILL OF RIGHTS DAY HONOREE

orothy Ehrlich, the honoree at our annual Bill

of Rights Day Celebration on December 10,

bade an official farewell to the over 700

members and supporters of the ACLU of Northern

California in attendance at Herbst Theatre in

downtown San Francisco.

friend and a trailblazer for civil liberties move on.

From the stage upon which the United Nations Charter was

signed sixty years ago, speakers added the human details to the

transformation under Ehrlich's watch, of the ACLU-NC into

the largest ACLU affiliate and one of the most effective.

Reflecting on getting his start as an ACLU-NC Friedman

Education Project participant, Preetmohan Singh recalled

the support provided to him even as a high school student.

"Rather than being token members to display to funders" he

CONTINUED ON PAGE 7

CALIFORNIA VOTERS "GET REAL' AND

PROP 85 IS DEFEATED

By Margaret Crosby

Fe the second year in a row, California voters have re-

jected an initiative to amend the state Constitution to

restrict teenagers reproductive rights. Proposition 85, like

Proposition 73 on the 2005 ballot, would have required

adolescents under 18 seeking abortions to notify a parent or

secure a court order. Californians recognized that bad initia-

tives do not get better with age: while Proposition 73 failed

by a 5.6 percent margin, Proposition 85 lost by 8.4 percent.

The victory indicates that California

voters heeded our campaign's message to

"get real and accept that in the real world

teens do not live in picture-perfect homes

where there is always a parent they can

count on. The defeat of yet another at-

tempt to restrict abortion rights has im-

portant implications for all young women,

THE DEFEAT OF PROP 85

AVERTED SERIOUS HARM TO

CALIFORNIA'S TEENAGERS-

PARTICULARLY THOSE WHO

LIVE IN TROUBLED HOMES.

for the reproductive rights movement in California, and for

reproductive freedom nationally.

Most importantly, the defeat of Proposition 85 averted

serious harm to California's teenagers-particularly those

who live in troubled homes. The backers of Proposition

85 painted pictures of smiling teens in earnest conversa-

tion with happy parents. But, as every court recognized in

the ACLU's successful challenge to California's 1987 pa-

rental consent law, adolescents who live

in supportive families need no laws to

confide in their parents when faced with

an unplanned pregnancy. Proposition 85

targeted teenagers who don't talk about

pregnancy for very good reasons: they live

in families struggling with mental illness,

homelessness, alcoholism, drug addiction,

CONTINUED ON PAGE 9

ACLU-NC NAMES NEW EXECUTIVE DIRECTOR

he Board of Directors of the ACLU of Northern California selected

Maya Harris, a statewide leader in civil rights and civil liberties, to

head the country's largest affiliate.

"We are thrilled to have Maya Harris assume

the leadership of the ACLU of Northern Califor-

nia," said Quinn Delaney, Chair of the ACLU-

NC Board of Directors. "With a staff of 50 and

a membership of nearly 55,000, we know that

Maya will set a high standard of leadership. She

has the full backing of the Board and the staff.

Her unique experience as a civil litigator, law

school professor and dean, and policy analyst

made her the obvious choice to provide the

dynamic leadership our affiliate needs at this

important time in our nation."

Harris took the helm October 23, succeeding Dorothy M.

Ehrlich, who was the executive director of the ACLU-NC for

more than twenty-five years. Ehrlich has been appointed the

Deputy Executive Director of the national ACLU.

"IT am honored to take on the leadership of this organization

ACLUN_1981.MODS ACLUN_1981.batch ACLUN_1982 ACLUN_1982.MODS ACLUN_1982.batch ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1984.batch ACLUN_1985 ACLUN_1985.MODS ACLUN_1985.batch ACLUN_1986 ACLUN_1986.MODS ACLUN_1986.batch ACLUN_1987 ACLUN_1987.MODS ACLUN_1987.batch ACLUN_1988 ACLUN_1988.MODS ACLUN_1988.batch ACLUN_1989 ACLUN_1989.MODS ACLUN_1989.batch ACLUN_1990 ACLUN_1990.MODS ACLUN_1990.batch ACLUN_1991 ACLUN_1991.MODS ACLUN_1991.batch ACLUN_1992 ACLUN_1992.MODS ACLUN_1992.batch ACLUN_1993 ACLUN_1993.MODS ACLUN_1993.batch ACLUN_1994 ACLUN_1994.MODS ACLUN_1994.batch ACLUN_1995 ACLUN_1995.MODS ACLUN_1995.batch ACLUN_1996 ACLUN_1996.MODS ACLUN_1996.batch ACLUN_1997 ACLUN_1997.MODS ACLUN_1997.batch ACLUN_1998 ACLUN_1998.MODS ACLUN_1998.batch ACLUN_1999 ACLUN_1999.MODS ACLUN_1999.batch ACLUN_2000 ACLUN_2000.MODS ACLUN_2000.batch ACLUN_2001 ACLUN_2001.MODS ACLUN_2001.batch ACLUN_2002 ACLUN_2002.MODS ACLUN_2002.batch ACLUN_2003 ACLUN_2003.MODS ACLUN_2003.batch ACLUN_2004 ACLUN_2004.MODS ACLUN_2004.batch ACLUN_2005 ACLUN_2005.MODS ACLUN_2005.batch ACLUN_2006 ACLUN_2006.MODS ACLUN_2006.batch ACLUN_2007 ACLUN_2007.MODS ACLUN_2007.batch ACLUN_2008 ACLUN_2008.MODS ACLUN_2009 ACLUN_2009.MODS ACLUN_2010 ACLUN_2010.MODS ACLUN_2011 ACLUN_2011.MODS ACLUN_2012 ACLUN_2012.MODS ACLUN_2013 ACLUN_2013.MODS ACLUN_2014 ACLUN_2014.MODS ACLUN_2015 ACLUN_2015.MODS ACLUN_2016 ACLUN_2016.MODS ACLUN_2017 ACLUN_2017.MODS ACLUN_2018 ACLUN_2018.MODS ACLUN_2019 ACLUN_2019.MODS ACLUN_ladd ACLUN_ladd.MODS add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log at a time when the strength and steadfastness of the ACLU is

more important than ever," said Harris. "I have had the great

fortune to work alongside Dorothy, who has built an extraor-

dinary affiliate and been a great role model to follow. I look

forward to collaborating with our dedicated Board, staff, and

chapters as we take our affiliate to new heights."

Harris has experience in litigation, media, lobbying, and

grassroots organizing work. She joined the ACLU-NC in 2003

as Director of the afhiliate's Racial Justice Project, working on

educational equity and criminal justice issues and leading affili-

ate campaign efforts to oppose Propositions 54 ("racial privacy")

and 69 (DNA) and pass Proposition 66 (Three Strikes reform).

In 2005, she became the Associate Director, developing and

implementing the ACLU-NC's priority campaigns and oversee-

ing the Policy Department, including work in the areas of racial

ACLU OPEN HOUSE:

ROMERO A HIT WITH SUPPORTERS Dorothy Ehrlich (center),

On September 28, 2006,

ACLU supporters gathered

at the ACLU of Northern

California's new headquar-

ters foran Open House with

national ACLU Executive

Director Anthony Romero.

The event included tours

of the new building, which

also houses offices for the

national ACLU's

grants Rights Project and

Lesbian and Gay Rights and

AIDS Project.

Immi-

De Lancie.

Maya Harris

Anthony Romero (left) talks

with board member Marlene

justice, police practices, and the death penalty.

"Maya Harris is an extraordinary leader with

a deep commitment to the critical work of the

ACLU," said Dorothy Ehrlich, ACLU-NC's

former Executive Director. "I cannot imagine

a more capable advocate to lead the ACLU of

Northern California at a time when we are con-

fronting the most serious assault on civil liberties

of our generation."

Harris is a contributing author to the recently

published book, The Covenant with Black

America, a collection of essays by leading African

American intellectuals that climbed to #1 on the New York

Times Book Review. She is the first African American to lead

the ACLU-NC and the first South Asian executive director of

any ACLU affiliate.

Before joining the ACLU, Harris was a Senior Associate at

PolicyLink, where she specialized in policing issues. While at

PolicyLink, she authored the national publications "Commu-

nity-Centered Policing: A Force for Change" and "Organized

for Change: The Activist's Guide to Police Reform."

Prior to her work at PolicyLink, Harris served as Dean of

Lincoln Law School of San Jose. Her work in academia was

preceded by her work as a civil litigator at the San Francisco

law firm of Jackson Tufts Cole and Black, LLP.

Harris grew up in Oakland and graduated from Stanford

Law School. She has taught as an adjunct law professor at

several Bay Area law schools. She is also the recipient of the

Junius W. Williams Young Lawyer of the Year Award from

the National Bar Association, and was named one of Cali-

fornia's Top 20 under 40 lawyers by California's leading legal

newspaper, the Daily Journal. @

former ACLU-NC Executive

Director celebrates with former

ACLU-NC board members Al

Baum and Emily Skolnick.

BOARD ELECTION RESULTS

The ACLU of Northern California is proud to welcome

new Board members Patrice Harper and David Oppen-

heimer, who were elected in the 2007 Board Election by

the membership of the ACLU-NC. Congratulations to

incumbent Board members Quinn Delaney, Linda Lye,

Barbara Macnab, Susan Mizner, Philip Monrad, Davis

Riemer, Ronald Tyler and Natalie Wormeli, who will

serve a second term.

We thank outgoing Board members Donna Brorby, Peter

Kwan and Roberta Spieckerman (BARK Plus Chapter) for

their service, and welcome new chapter representatives to the

Board Charles Douglas (Redwood Chapter), Steve Fabian

(Sonoma Chapter), Elliot Halpern (BARK Plus Chapter),

and Elliot Ruchowitz-Roberts (Monterey Chapter).

ELECTION OF OFFICERS and

EXECUTIVE COMMITTEE MEMBERS

At their December 14, 2006 meeting, the ACLU-NC

Board of Directors elected incumbent officers Quinn

Delaney (Chair), Bob Capistrano (Legal Committee

Chair),

Chair), Lisa Honig (Legislative Policy Committee Chair),

Susan Freiwald (Development Committee

and Nancy Pemberton (Secretary/Treasurer). In addition,

Natalie Wormeli was newly elected as Field Activists

Committee Chair.

Elected to the Executive Committee were: Cherri

Allison, Dick Grosboll (incumbent), Goodwin Liu,

Philip Monrad (incumbent), Fran Strauss (incum-

bent, member emeritus), David Sweet (incumbent),

Ronald Tyler (incumbent) and Peter Yessne.

FORMER ACLU STAFF

ATTORNEY AMITAI SCHWARTZ

RECEIVES AWARD

By Jeremy Chen

mitai Schwartz, an ACLU cooperating at-

torney, was one of 16 recipients of the first

annual Angel Awards from California Lawyer for

his commitment to pro bono work.

Recently, Schwartz and the ACLU-NC filed

Freedom of Information Act requests regarding

the Department of Defense's database of anti-

war and student groups at UC Berkeley and

UC Santa Cruz. As the prevailing party in the

case, Schwartz donated his attorney's fees to the

ACLU-NC.

Each year he works several hundred hours pro

bono. "When I come home, my wife often asks

me if I billed anyone today. If you don't need

to earn a huge salary, there's a lot of time for

this sort of work," Amitai told the California

Lawyer.

As an ACLU-NC staff attorney in the late

seventies, Schwartz dedicated much of his time

to civilian police review boards and the estab-

lishment of the San Francisco Office of Citizen

Complaints. Amid a recent resurgence of police

union resistance to an open process, he wrote and

filed amicus briefs detailing the need for police

transparency in stemming police abuse.

Despite having left the ACLU-NC 20 years

ago to start his own practice, his commitment

to the ACLU and pro bono work has never

wavered, as Schwartz continues to defend civil

liberties. m

Quinn Delaney, Board

Chair (center),

before a mural depicting

the ACLU-NC's history

with former board chairs

stands

and current board mem-

bers Dick Grosboll and

Nancy Pemberton.

Maya Harris,

new ACLU-

NC Executive

Director, chats

with supporter

Wayne Jordan.

PHOTOS: MICHAEL WOOLSEY

_ ACLUnews

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

Quinn Delaney, CHAIR

Maya Harris, EXECUTIVE DIRECTOR

Erika Clark, EDITOR

Tara Lohan, FREELANCE CONTRIBUTOR

Gigi Pandian, DESIGNER AND

PRODUCTION MANAGER

39 Drumm Street, San Francisco, CA 94111

(415) 621-2493

2 | ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF

CIVIL RIGHTS GROUPS FILE LAWSUIT

DEFENDING FRESNO'S HOMELESS

By Stella Richardson

Pe Kincaid, 51, has lived in a tent for the last five years

in an area just south of downtown Fresno. About a year

ago, she left her property unattended and when she returned

it was gone. Almost everything was taken, including her birth

certificate, her telephone address book, her tools for making

crafts that she sold, and her clothing. "Worst of all, I lost fam-

ily photos, including the only pictures I had of my sister, my

daughter, and my deceased mother. Those photos can never be

replaced," said Kincaid.

Kincaid was not alone in her loss. For the past three years

the Fresno police and sanitation workers have been bulldozing

the areas where homeless people live. Many of the homeless

have lost family photos, medicine, clothing, and the tents and

sleeping bags they rely on for shelter. Advocates say that more

than 8,000 people are homeless in Fresno. The city's three

shelters have room for only about 225 people a night.

The ACLU of Northern California, the Lawyers Commit-

tee for Civil Rights, and the law firm of Heller Ehrman LLP

sued the city in federal court on the behalf of Kincaid and all

of Fresno's homeless people arguing that the city is violating

the constitutional rights of the homeless.

"The city cannot seize and destroy someone's property just

because they are homeless," said

Paul Alexander, a partner at Heller

Ehrman. "The Constitution does

not allow it."

Michael Risher, ACLU-NC staff

attorney added: "The city's attacks

on its homeless people violate their

constitutional rights to be free of

unreasonable seizure of property

and deprivation of property with-

out due process of law, and specific

California statutes that require the

government to safeguard property

that comes into its possession."

A bulldozer destroys property of the

homeless in Fresno.

Michael Risher, ACLU-NC staff attorney, speaks out in

defense of the homeless at a Fresno press conference.

On November 22, following four days of testimony, U.S.

District Judge Oliver W. Wanger agreed with the ACLU saying

the city was violating the constitutional rights of the homeless.

`The judge blasted the city's policy of destroying the property of

homeless people saying it was "dishonest and demeaning," and

granted a preliminary injunction

ordering the city to immediately

stop seizing and destroying their

property without warning while the

lawsuit proceeds.

The decision came just in time

as winter begins and temperatures

drop to the low 30s with heavy

rains in Fresno. At least for now,

the homeless will not have to worry

that the city will destroy their cloth-

ing and makeshift homes as their

case works it way through federal

court. @

shor ata 3 San Fiancee protest.

_ ex __ second time where he still remains.

_ National Center | for Lesbian Rights, the ACLU, Lambda

Se oe

`The couples and orga zations are " represented by ae

le Heller Ehrman up and me

In filing the brief, the ACLU-NC oo thar he

case (Wolf v. United States of America) be reheard by the

SAGOHY IMI

"The bri ef was filed after a oe wal ee

that' Wolf' s bail be revoked unless he cooperated with the - 2

_ grand jury. Wolf refused and: went back to prison for the

Court, en banc, arguing that the " `underlying f facts of this _

case bear hallmarks of the governmental ening into

areas of free speech and freedom of the press." " The 0x2122aiy _

_ Circuit, however, refused to rehear the case,

_ Alan Schlosser, Legal Director of the ACLU NC said,

"The court's decision i ignores the i important First Amend- _

ment interests oe a pores es _ '

FREE SPEECH VICTORY

ON THE INTERNET

By Stella Richardson

n a victory for free speech on the Internet, the

California Supreme Court ruled on November 20

that no provider or user of an interactive computer

service may be held liable for putting material on

the Internet that was written by someone else. This

reversed an earlier decision by the Court of Appeal.

The ACLU-NC and the Electronic Frontier

Foundation filed an amicus brief in the California

Supreme Court arguing for a broad interpretation

of Section 230 of the Federal Communications

Decency Act.

`The case raised two important issues: (1) whether

the immunity provided by Section 230 applies even

if an ISP, Web site, or other forum host "knew or

should have known" that a third party's posting was

defamatory; and (2) whether the provision applies

to individuals who use the Internet to pass on in-

formation from a third party, whether by forward-

ing an e-mail written by someone else or by posting

an e-mail from someone else to a newsgroup.

The Courts ruling reafirmed Section 230's

broad grant of immunity in both respects and

held that individuals enjoy the same protection

under Section 230 that blogs, Web sites, listservs,

and ISPs enjoy. This affirms what Congress said

when it made Section 230 applicable to both

"interactive computer services" and to "users" of

those services.

"By reafirming that Congress intended to grant

protection under Section 230 to those who provide

a forum for the views of others, the court has ensured

that the Internet will remain a vibrant forum for de-

bate and the free exchange of ideas," said ACLU-NC

staff attorney Ann Brick, who helped argue the case

in the Supreme Court.

feces hs jury outtakes of - - th |

a by this injunction," aid Michael Risher, staff

- with the ACLU- N Cc "To i issue this injunction

ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF | 3

STUDENT-TEACHER RETREAT

EMPOWERS CAMPUS ACTIVISM

By Sarah Jo

obert Mitchum, a junior at Washington High School

Re Fremont, formed a Gay-Straight Alliance club at his

school just a few days after attending the Student Teacher Ac-

tivist Retreat in October.

"Being at the retreat really gave me a chance to see a com-

pletely different side of how I personally viewed things that

we discussed," said Mitchum. "It gave me the strength and

courage to start a Gay-Straight Alliance."

Mitchum was one of 21 high school students and teachers

from Northern California who took a break from their school-

work to spend a weekend at Westerbeke Ranch in Sonoma to

share successes, challenges and strategies while building their

campus activism skills.

The fifth annual Student and Teacher Activist Retreat

(STAR) was sponsored by the ACLU-NC's Howard A. Fried-

man First Amendment Education Project and took place

October 13-15, 2006. Teach-

"ers from Northern California

applied for the retreat and

nominated two of their stu-

dents who were involved or

had shown an interest in activ-

ism to attend with them.

Eight high schools were cho-

sen from Berkeley, Castroville,

Fremont, Hayward, Oakland,

Pacifica and Vallejo.

During the retreat, teach-

ers and students spoke freely

about the difficulty of battling

civil liberties issues on their

campuses. ACLU-NC_ Staff

Attorney Julia Harumi Mass

and Civil Liberties Fellow

Retreat participants share campus activist goals

during STAR closing session.

Juniper Lesnik facilitated a workshop on student rights and

answered questions on topics such as freedom of speech and

Fourth Amendment violations.

After the workshop, participants brainstormed through a

set of real-life campus scenarios and came up with ideas about

how to use activism to combat each problem. An important

goal of STAR was to bring students and teachers together to

teach and learn from each other and to strengthen their cam-

pus activism skills.

"The STAR retreat is unique on many fronts. It brings youth

and adults from diverse communities across Northern Califor-

nia together with equal voice and with a common mission to

make our schools and world a better place," said Dennis Gui-

kema, an educator from Ralph Bunche Academy in Oakland.

"The weekend was a recipe for empowerment and change."

By the end of the weekend, each school group had formed

an action plan to implement

on their campus. Some plans

vowed to tackle the practice of

racial profiling by school offi-

cials and others dealt with un-

lawful searches and seizures.

"Our program is committed

to keeping in touch with STAR

schools to support youth-led

activism on campus," said

Friedman Education Project

Director Eveline Chang. "The

students and teachers we meet

at these retreats are incredible,

inspiring advocates working

towards more just and equi-

table schools and protecting

student rights on campus."

HERS LEARN NEW LESSONS AT AFFILIATE'S

IRST EDUCATOR SOCIAL

ia first ever Educator Social on October 28, 2006 drew 26 teachers from

e group gathered at the ACLU-NC headquarters and watched the newly-re-

rica: Stories from the History of US. Government Surveillance

ACLU-NC's Howard A. Friedman First Amendment

staff members. The teachers also previewed the _

is year at the California Federation of Teachers

ANONYMOUS EVALUATIONS

OF THE RETREAT

From teachers:

"The STAR retreat put students in touch with stu-

denis, which served to empower those in atlen-

dance. The food and accornmodations were top

notch and the connections will help to forward

positive agendas throughout the Bay Area. it

was especially nice to be included even though

our school is way oul in the boonies. Great

people and terrific activilies. We were able to

pul in place the action plan we developed,"

"| picked up some good energizer activities as

well as an action plan to take back."

"Energizing and inspiring. It gave all of us a

sense of how our schools face different chal-

lenges bul also what we all have in common--

and a set of iools for doing concrete organizing

once we gel back."

From students:

"| have learned how to organize S.M.A.R.7. (Spe-

cific Measurable Action oriented Realistic Time

oriented) goals that will aid my activism experi-

ence for the resi of my life!"

"| have learned useful information land! | have

more confidence that my school can improve."

"| feel a rejuvenated sense of hope. People are

good and want te change!"

"| have learned of different programs and roles

that could help get students involved and who

could help start them."

"| believe retreats Uke this are what students

and teachers need."

2006-2007 STAR PARTICIPANTS

Berkeley High School (Berkeley)

Bethel High School (Vallejo)

Ralph Bunche Academy (Oakland)

Fremont Federation Media Academy High

school (Oakland)

North Monterey County High School

(Castroville)

Oceana High School (Pacifica)

Tennyson High School (Hayward)

Washington High School (Fremont)

THE FRIEDMAN EDUCATION

PROJECT'S SUMMER TRIP EXPOSE

IS NOW AVAILABLE!

Check out Access

Denied: A Youth

Study of Education,

Employment, and

Economic Injustice

at www.aclunc.org.

4 | ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF

TOWN HALL FOCUSES ON FREEDOMS AT RISK

By Justine Sarver

n September 27, 2006 an engaging group of national and local

experts joined the ACLU of Northern California for a town hall

meeting: "Our Freedom at Risk."

Nearly two hundred people gathered at the San Francisco

City Club to participate in a discussion with ACLU National

Executive Director Anthony Romero; John W. Dean, For-

mer White House Counsel; Banafsheh Akglaghi, Founder

and President of National Legal Sanctuary for Community

Advancement; and Ruth Jorgensen, Former President of Cal

State Fresno Campus Peace and Civil Liberties Coalition. Mar-

garet M. Russell, Professor of Law at Santa Clara University,

was moderator for the evening.

The panelists and attendees alike expressed grave concern

about the status of civil liberties during this time of unprec-

edented assault on our rights in the name of national security.

Participants used the opportunity to discuss pressing concerns

such as: the overarching abuses of power at the federal level,

military tribunals, the illegal NSA spying program, the viola-

tion of rights among Muslim Americans since September 11,

2001, and the surveillance and infiltration of political activist

groups nationally and locally. Wireless Internet access at the

meeting allowed attendees to take action on laptops and sign

up for our email action network at www.aclunc.org. @

Banafsheh Akglaghi, Founder and President of National

Legal Sanctuary for Community Advancement (left), and

John W. Dean, Former White House Counsel.

dude N3gAVT

SACRAMENTO REPORT

- ATIME FOR POLIC Y NOT POLITI

backlogs, there: is conde

to address Pree reform i in n 2007.

in effort St

By' vel Malhotra

1 to the Capitol ip Sac

approved Us a

prison syste

prisoners.

nologies by the government is s cartied ay

not compromise the privacy interests of millions of Cali

fornians. Senator Joe Simitian (D-Palo Alto) has already =

re-introduced a package of bills to establish standards on _

the use of radio-frequency identification (RFID) chips in

government-issued cards and documents. RFID technol-

(R)

`ing privacy and reproductive rights, reforming the criminal

justice system, standing up for First Amendment freedoms,

defending the due process and civil rights of immigrants,

and upholding equality for all, to name a few. But the

2007-2008 session will undoubtedly bring forward unfore-

seen challenges and opportunities as well.

`This last session also brought forward an assault on im-

migrant communities that we have not seen since the days

of Proposition 187 in the mid-1990's. A number of bills

to deny access to education and emergency health care,

ogy poses the threat of remotely communicating personal

identifying information of individuals if appropriate safe-

guards are not in place.

Following the veto of SB 1471 (Kuehl) last year, we ex-

pect to once again fight to protect the integrity of sexual

and to involve local police in the enforcement of federal

immigration laws, were introduced in the legislature. The

At this time of transition, it is helpful to take stock of the

past year and look ahead at some of the pressing issues we

expect to face in 2007.

REFLECTING ON 2006

The biggest disappointment of 2006 was Governor

Schwarzenegger's vetoes of all five of the bills sponsored by

the ACLU. This package of legislation, highlighted i in the

les Sacramento Report (Fall 2006), addressed a range of is-

sues, including privacy, criminal justice, sex education, and

employment discrimination. Amazingly, we navigated all

io the sponsored bills thro gh the legislative process, gar-_

he Assembly and Senate

: nering br partinan suppor in be

governors ae "

the gov

politically iable i in 2007 Wea are

- the next session. er

Also of note in 2006 was ke defer of the "death with

dignity" bill, modeled after Oregon's | law to allow termi-

nally-ill patients the option to obtain a medical prescrip-

tion to die on their own terms. Following a decision by the

United States Supreme Court early in 2006 that established -

Oregon's right to set its own law in this area without the

interference of the federal government, advocates for end-

of-life choices were hopeful that California could become

the second state in the nation to afford its residents this

profoundly personal option. However, AB 651 (Berg and

Levine) suffered a stinging defeat when it failed by j just one

vote to get out of the Senate Judiciary Com

ACLU worked side-by-side with immigrant and civil rights

groups to stop the scapegoating of immigrants. As a result,

most of these bills never even made it out of the first policy

committee in which they were introduced.

LOOKING AHEAD AT 2007

`This first half of the new legislative session marks the first

year in some time that California voters will not face a

statewide election. We hold out some hope that the absence

of an election can lead to a more thoughtful, and less polar-

izing approach to lawmaking in the State Capitol -- one

that is less driven by politics and more by policy.

Legislative leaders have expressed an interest in tackling

bold policy initiatives such as universal health care and

_ criminal justice reform. After handily winning re-election,

the governor is touting messages of bi-partisan cooperation,

L and refraining from the harsh rhetoric that marked the first

= of years of his tenure.

In this new environment, we expect to work with key re

- jslators to introduce a package of criminal justice reform pro-

_posals that would reduce the likelihood of false convictions

and build greater transparency of police misconduct. Return-

ing will be familiar bills to require the electronic recording of

_ interrogations of suspects in serious crimes and eyewitness

identification reform. The use of evidence from informants

who are already in the custody of law enforcement presents

another pressing concern. Finally, a recent decision by the

California Supreme Court, in Copley Press v. Superior Court,

limiting public access to the disciplinary records of police

officers reveals the need for clear statewide policy on the right

of the public to know about police misconduct.

_ With the state facing the imminent takeover of the prison

system by th ihe federal government because fa failure to ad-

health education in 2007. Also, recent changes to federal

law threaten access to reproductive health for young women.

`The ACLU will be active in formulating a state policy fix to

ensure that teenagers can safely obtain critical medical care.

In the area of civil and immigrant rights, 2007 is sure to

be another busy year. Assembly Member Mark Leno (D-

San Francisco) introduced a marriage equality bill on the

day he was sworn in for the new term. The enduring battle

to establish equal rights for LGBT couples in California

will gain prominence once again. The ACLU will also con-

tinue its work to promote educational equity with a special _

focus on access to college preparatory cursiculim in n public

high schools across the state. _

With - ae to co oe ake up pomp

of immigration ote but we remain optimistic

fair-minded legislature will approach immigrant issues w

respect for human dignity and the constitutional guarantees of

due process and equal protection.

Be sure to visit the ACLU of Northern California's Web

site "Action Center' to get updates and learn what you can

do to support the ACLU's bills and protect liberties in Cali-

fornia: - =

Vivek Malhowa: is a legislative aadieate 7 the ACL Us Cali-

ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF | 5

DOROTHY

EHRLICH:

A LEGACY OF SOCIAL CHANGE

hen a 27-year-old Dorothy Ehrlich was being

interviewed to head the ACLU of Northern

California, she was asked if she thought her youth

would be a problem.

Ehrlich's response: "I'm confident that its something

that time will cure."

`Though Ehrlich's answer during her interview to become

executive director might have seemed slightly brushed with

the hubris of youth, she clearly understood

the importance of her work.

During the next 28 years, Ehrlich built one

of the most effective ACLU affiliates in the

country.

No civil rights struggle in California for the

past three decades is absent Ehrlich' finger-

prints.

From fighting against the death penalty,

racial profiling, and anti-affirmative action

measures, to defending reproductive rights, -RAMONA RIPSTON,

immigrant and youth rights, language rights, ACLU-SC EXECUTIVE

DIRECTOR

freedom of speech, and marriage equality, Eh-

tlich has been on the front line. She was also

the driving force behind the affiliate's vigorous

response to the USA PATRIOT Act and other federal ero-

sions of civil liberties since Sept. 11, 2001.

"1 have always been cognizant of my responsibility to

honor the tremendous legacy of Ernest Besig," Ehrlich says,

referring to the ACLU-NC's executive director of 36 years.

"He stood nearly alone in having the courage to represent

Fred Korematsu and challenge the internment of Japanese-

Americans during World War II all the way to the U.S.

Supreme Court."

Ehrlich began her civil rights work through an under-

graduate internship at the California Coalition Against

the Death Penalty, which was housed in the offices of the

ACLU-NC on Mission Street. The internship was through

a Coro Foundation program at the University of San

Francisco. It was at USF that she met her husband, death

penalty lawyer Gary Sowards, with whom she now has two

grown children.

Soon after her internship, the ACLU-NC hired Ehrlich

to help defeat Proposition 17, a 1972 measure to overturn

the state Supreme Court's ruling that the death penalty

was cruel or unusual punishment." The ACLU lost that

particular battle, but winning the war against the death

penalty has remained a mission in Ehrlich's life. In 2006,

she was honored with the Mario Cuomo Acts of Courage

Award by Death Penalty Focus.

In 1973, she left the ACLU-NC to join the ACLU of

Southern California as the Assistant Field Director. She

eventually became the Development Director there. While

in Southern California, she was also awarded a Coro Foun-

dation Fellowship in urban affairs.

Ramona Ripston, the Southern California afhliate's

executive director since 1972 and the person who hired

Ehrlich, says she was "extraordinary, always.' Ripston and

Ehrlich have collaborated on civil rights struggles for more

than 30 years.

Ehrlich moved back north to become Executive Direc-

tor of the ACLU-NC in 1978.

Ripston says she was disappointed to lose her at the time,

but she knew Ehrlich would be an outstanding leader.

"Dorothy has an exceptional ability to pull people to-

gether,' Ripston says. "Everybody respects her." That's true

both in California and nationally.

Wade Henderson, President and CEO of the Leadership

Conference on Civil Rights in Washington, D.C., worked

with Ehrlich 20 years ago when he was a lawyer and lobby-

6 | ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF

"DOROTHY HAS

AN EXCEPTIONAL

ABILITY TO PULL

PEOPLE TOGETHER.

EVERYBODY

RESPECTS HER."

ist at the ACLU's Washington national office.

"Dorothy really was one of the key affiliate directors

to recognize issues of immigration reform as having na-

tional civil liberties and civil rights implications,' Hen-

derson says. "Ihrough her leadership, the ACLU-NC

became one of the most active advocates for these issues."

During her tenure at the ACLU-NC, Ehrlich developed

a multi-pronged model that combines litigation, public

education, lobbying, and field activism.

`That strategy resulted in big civil rights vic-

tories in the face of daunting and well-funded

opponents.

"She built the largest, most powerful, and

one of the most respected ACLU affiliates

in the country, says Eva Paterson, President

and Co-founder of Equal Justice Society, a

national, progressive, legal activist think-tank

based in San Francisco. "She's very fierce, but

she's nice."

Coming a long way from the novice days

of the anti-death penalty campaign, Ehrlich

formed strategic coalitions and served on the

statewide steering committee that succeeded

in defeating Ward Connerly' dangerous Proposition 54

in 2003. The initiative would have banned state and lo-

cal agencies from collecting or analyzing data on race or

ethnicity. More recently, she led efforts against propositions

73 and 85, which would have required doc-

tors to inform parents of unwed minors 48 "OHE BUILT THE LARGEST,

MOST POWERFUL,

AND ONE OF THE MOST

RESPECTED ACLU

AFFILIATES IN THE

COUNTRY."

-EVA PATERSON,

PRESIDENT AND CO-

FOUNDER OF EQUAL

JUSTICE SOCIETY

hours before performing abortions.

"The worst damage to civil liberties has

been done through the initiative process

over the years, Ehrlich says. "Year after

year, we've been challenged."

`Those who know Ehrlich know that

the mission of the ACLU is her life's

mission. In her professional life as well

as her personal life, she is surrounded by

the people with whom she has worked

in the trenches for that mission. They all

describe her as smart, courageous, deter-

mined-and touched with grace.

"Dorothy leads an extraordinarily ad-

versarial organization with love," says Davis Riemer, who,

along with his wife, Louise Rothman-Riemer, are longtime

Oakland chapter members. Riemer is also a former chair

of the affiliate's Board of Directors, and he and his wife

are current board members. Together Ehrlich and Riemer

Dorothy Ehrlich with Assemblymember Mark Leno

at Bill of Rights Day 2006.

Dorothy Ehrlich

helped pioneer face-to-face, major-donor fund-raising pro-

grams that have served as a model for affiliates around the

country.

Throughout her career, Ehrlich helped establish numer-

ous organizations and coalitions, including Death Penalty

Focus, the California Coalition for Civil Rights, and the

California Reproductive Rights Coalition. She was awarded

a Gerbode Fellowship in 1992.

In her 28 years at the helm of the ACLU-NC, Ehrlich

has facilitated tremendous growth and created programs

that were ahead of the curve For example,

the ACLU-NC authored the country's first

domestic partnership ordinances. The af-

filiate also created a Racial Justice Project,

which launched the Driving While Black

or Brown campaign in 1999 and filed a

successful lawsuit against the California

Highway Patrol for race-based traffic

stops. In 2005, Ehrlich led the opening

of a satellite San Jose office with a director

and a technology and civil liberties policy

leader.

Ehrlich left the affiliate this fall to be-

come the national ACLU's first Deputy

Executive Director.

She says she is particularly proud of

the ACLU-NC's sound financial footing and the program

expansion made possible through the affiliate's fund-raising

campaign, the Campaign for the Future. And she is extraor-

dinarily proud of the staff and board she is leaving behind.

"I'm so excited and so confident to know that the orga-

nization is left in the remarkably capable hands of our new

Executive Director, Maya Harris," Ehrlich says.

Harris has equal praise for her predecessor.

"Dorothy really walks the walk, not only in her work

outside the organization, but also in her approach to build-

ing the organization, Harris says. "She creates an environ-

ment where everyone has a meaningful role to play and

where new ideas and new leaders are not only welcomed

but encouraged."

In looking forward, Ehrlich says she is heartened that

she finally sees hope for reform and change on two issues

that have seemed intractable: marriage equality and the

death penalty.

She also says she believes that, especially given the recent

election, the ACLU will reclaim the civil liberties lost in the

name of the "war on terrorism."

"I forecast a long and difficult battle," she says, "but in

the end, one in which we restore constitutional rights and

restore checks and balances to the executive and judicial

branches." @

Seta te

PHOTOS: MICHAEL WOOLSEY

NEW EXECUTIVE DIRECTOR MAYA HARRIS GIVES ACLU-NC ADDRESS

the following is an excerpt from Maya Harris' Bill of Rights

Day State of the Union speech.

his afternoon, we can rejoice in the knowledge that

our affiliate is stronger, more vibrant and more deter-

mined than ever before.

In November, we celebrated victory at the ballot box

as California voters resoundingly rejected Proposition

85-the parental notification initiative that would have

endangered the health of teens and required pregnant

minors to tell their parents or go to court before ter-

minating their pregnancy. It was the second time in

two years that California voters were asked to curtail a

woman's right to choose. Last year, we fought a nearly

identical initiative-Proposition 73.

Working with our coalition partners, we beat the pa-

rental notification initiative last year. And we beat it again

this year-this time, by an even larger margin of victory.

Each time we win this battle for choice, we grow stronger

and build a broader movement for reproductive freedom

in California.

`Today, we also celebrate the one-year anniversary of the

opening of our San Jose office. We are an affiliate that is

growing and fostering support in every corner of our vast

northern California region-a region that stretches from

the Central Valley all the way up to the Oregon boarder.

We are doing work in distant areas with serious civil liber-

ties challenges, but often few resources and advocates.

Let me share just a few of the many stories from this

past year.

In Fresno, if you are homeless, one of the many indigni-

ties you suffered were the numerous raids carried out by

the city's police and sanitation workers. You stood by as

bulldozers crushed the shopping cart filled with all your

personal belongings. Everything you own-clothing,

medicine, irreplaceable family photos and personal docu-

ments-was gathered up and confiscated by city officials.

In October, we filed a lawsuit to stop the city of Fresno

from pursuing a policy that gave them license to seize and

destroy the property of homeless, a policy that violates the

constitution and punishes people simply for being poor.

Just two weeks ago, the court granted a preliminary injunc-

tion enjoining the City from implementing its inhumane

and unjust policy.

Earlier this year, hundreds of miles north in the city

of Los Altos, high school students asked the city council

to proclaim a Gay Pride Day. The council's response was

to enact a rule banning any city proclamations related to

sexual orientation.

Working with a diverse coalition, we helped educate the

public, organize students and residents, and build support

from dozens of local business owners. In a matter of weeks,

the city council reversed its position and rescinded its dis-

criminatory rule.

We are also in a small Inyo County town along the

Eastern Sierras. Bishop, California, with a population of

5,000, is home to over 1,500 Native Americans. When we

got wind of reports that police and school officials were

racially harassing and disproportionately disciplining Na-

tive American school children, we joined forces with Cali-

fornia Indian Legal Services to investigate and halt these

practices.

And truly in the spirit of new frontiers, we plunged

into cyberspace. Justin Watt, a blogger from Santa Rosa,

California, came across a billboard posted by Exodus In-

ternational that read: "Gay? Unhappy? www.exodus.com."

Turning anger into activism, Justin decided to post his own

billboard online, which read: "Straight? Unhappy? www.

gay.com.

Exodus threatened to sue Justin if he did not take down

Maya Harris

his billboard. We stepped in to protect his First Amend-

ment right to express his own opinions through parody,

and Exodus ultimately dropped its demands.

We have much to celebrate. But even in the face of these

tremendous victories, we are reminded that our work is far

from over. -

With ACLU-sponsored bills on privacy, criminal justice,

sex education, and employment discrimination vetoed by

the governor during the last legislative session, we will be

back in Sacramento in 2007 to fight for these and other

crucial reforms.

On the national front, we also have important work

ahead. People across the country cast their votes on Elec-

tion Day for restoring a system of checks and balances.

Now, we must demand that our newly-elected leaders, both

Democrats and Republicans alike, begin restoring our lost

liberties.

Together, we can-we will-preserve the freedoms that

are the foundation of our democracy. @

HONORING DOROTHY EHRLICH AT BILL OF RIGHTS DAY continueo From pace 1

said, "[Ehrlich] treated all of us as full members of the

ACLU and I felt that I could call her like I could anyone

else at the affiliate office."

Today, Singh is the Senior Policy Advisor at the Inter-

faith Alliance, and a member of the National ACLU Board,

in which capacity he works with Ehrlich, who now serves as

the Deputy Executive Director of the National ACLU.

Karen Korematsu, the wife of Fred Korematsu, who

challenged the forced internment of Japanese Americans

during World War II, was present and wrote a letter, read

by her daughter Kathryn, praising Ehrlich's achievements

and urging her to continue her work on a national scale.

"The Racial Justice Project is one of Dorothy's lasting

legacies," spoke Wade Henderson, president and CEO of

the Leadership Conference on Civil Rights. Speaking to

her tenacity in bringing the Project to fruition and actual-

izing other achievements, Henderson added, "Dorothy

Aundre Herron, Master of Ceremonies, helped ensure

the success of Bill of Rights Day with finesse and humor.

looks like Bambi, but bites like Jaws."

Robert Friedman, chairman of the Corporation for

Enterprise Development, shared that when he and his

family wanted to honor his father, it was Ehrlich who had

the vision for the Howard A. Friedman First Amendment

Education Project, a program that would promote the de-

velopment of high school students as the next generation

of civil libertarians.

Ehrlich was presented onstage with the Chief Justice

Earl Warren Civil Liberties Award, the affiliate's highest

honor. Past honorees have included members of Con-

gress, a U.S. Supreme Court Justice and the Chairman of

the NAACP.

On hand to help present the award was Anthony Romero,

Executive Director of the National ACLU, who added: "My

grandmother used to say, "Tell me who you walk with, and

Tl tell you who you are.' I would consider it a great honor if

Katheryn Korematsu (left) and Karen Korematsu,

family of civil rights hero Fred Korematsu.

one day someone said that Anthony is who he is because he

had the good fortune of walking with Dorothy Ehrlich."

Not surprisingly, the litany of Ehrlich's achievements

sounded as a greatest hits list for civil liberties in Califor-

nia. Board Chair Quinn Delaney added that "Dorothy

built up the volunteer leadership of the ACLU. ... She

fueled our commitment and built us into leaders." Del-

aney remarked that everyone was amazed at how much

the affiliate had accomplished since 2001, and then

brought laughter to the audience in pointing out, "You

have to remember that before John Ashcroft, we already

had a full agenda."

Executive Director Harris underscored, "There is no

greater way to celebrate our Bill of Rights on this day

than to pay tribute to the many contributions Dorothy

has made in protecting and expanding them in California

and across the nation.' @

Anthony Romero, National ACLU Executive Director, with

Robert Friedman, Friedman Family Fund board member.

ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF | 7

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8 | ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF

CALIFORNIA VOTERS DEFEAT PROP 85 continuen trom pace 1

violence, and incest. The explosive news of a daughter's

pregnancy would, quite simply, put these teens in danger.

Voters also understood that Proposition 85's cavalier solu-

tion to the problem of abusive families-sending pregnant

teens to court-was punitive. Navigating through the judicial

system is a daunting prospect for anyone. Imagine the plight

of a scared, pregnant teen, who must locate the proper court,

fill out forms, travel to the courthouse, and persuade a judge

to approve an abortion. At the very least, the initiative would

have caused dangerous delays in access to care, increasing the

second trimester abortion rate among the thousands of teens

who would have needed to go to court every year.

At worst, Proposition 85 would have brought to California

the tragedies that now occur in other states with parental in-

volvement laws on the books. Desperate teens resort to desper-

ate acts. Some pregnant teens suffer harm on dangerous and

lonely journeys to obtain medical care across borders. Some

teens obtain drugs over the Internet to induce hemorrhaging.

Some end pregnancies with self-

tive rights leaders, particularly ACLU-NC Organizing Director

Justine Sarver. The California Teachers Association was also a

critical partner in spreading the message throughout the state

about the threat posed to vulnerable teens from dysfunctional

homes-young people who, sadly, teachers see every day.

Also joining our longtime coalition partners were LGBT

activists and leaders from communities of color. Many gay

rights groups, such as Pride at Work, infused the campaign

with energy and activism. Additionally, organizations such as

California Latinas for Reproductive Justice and Asian Com-

munities for Reproductive Justice played a crucial role in de-

feating the initiative by educating and mobilizing communi-

ties of color about the dangers the proposition posed to young

women. Campus organizing also brought young people to the

forefront of the campaign.

California's rejection of Proposition 85 came on a night

that also saw similar reproductive rights victories across the

country. In South Dakota voters rejected an abortion ban, and

in Oregon voters defeated a parental

induced blows or bullets. Because

one of eight teenagers lives in Cali-

fornia, those tragedies would have

multiplied.

The defeat of Proposition 85

had political as well as practical

benefits.

rights movement emerged from the

California's reproductive

campaign strengthened because we Ares

added new allies to our coalition. The

California Labor Federation voted to

endorse "No on 85," marking the

first time in America that the AFL-

CIO has taken a position supporting Eve phone bank

abortion rights. This historic vote

reflected both the growing clout of

: cards mailed

women in the labor movement and

the extraordinary work of reproduc-

PROP 85 STATISTICS

= 64 "No on 85" activities organized

by ACLU-NC chapters

50,000 door hangers labeled with

polling place info

# 9 volunteer trainings around the Bay

# 6,296 "No on 85"

# 9,000 "No on 85" buttons distributed

# 75 volunteers at ACLU-NC Election

= 60,000 ACLU-NC "No on 85" post-

notification initiative. Americans

declared that they are weary of ex-

tremism and government intrusion

into intimate decisions.

The country can learn from Cali-

fornia, which for years has refused to

allow ideologues to hijack the state's

health policy. The state has witnessed

the steepest decline in teen births in

: America, resulting from compre-

voters identified :

hensive sex education and access to

birth control, including emergency

contraception. These are real solu-

tions to the problem of unplanned

pregnancy. In insisting on pragmatic

policies for the real world, Califor-

nia offers a model for progress in the

21st century. @

Prop 85 volunteers in action! Clockwise from left: Tsoghig Marieann Hekimian, National ACLU Region Field Organizer

(left), and Shin Inouye, Senior Legislative Communications Associate from the ACLU Washington Legislative Office; both

flew in to help defeat Prop 85. Tamara Murray (left) and Laura Hahn (center) of NARAL Pro-Choice California, Mandy

Benson (right) of California NOW. Amy Moy (left) and Angela Bush (right) of Planned Parenthood-Golden Gate.

Activists -cnoourigea Mmororicts to vote uNO. on

85" before the Prop 85 legislative hearing in San

Francisco.

DEFEATING PROP: 5.

BEHIND THE SCENES -

While none of us weed to fight shots: ee

notification initiative, the "No on 85" campaign

gave cent the - of Northern Cal ifornia another

unrees ee

mobilizations in San Frane s (

and San Jose. In San Francisco alone, ve identified

over 6,000 "No on Bo voters and ensured they

went to the polls. / :

_ The new ACLU-NC office was a beehive of activ-

ity during the "No on 85" campaign. In addition

to several "No on 85" fundraisers, volunteer train-

ings, and phone banks, the ACLU-NC hosted the

preparations for our GOTV campaign. For nearly

a week, dozens of volunteers gathered in our con-

ference rooms to put polling place information on

_ door hangers and prepare precinct kits. Their hard

_work paid off when Prop. 85 was soundly defeated

_ 54 percent NO to 46 percent YES! _

ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF | 9