vol. 73, no. 3

AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA

BECAUSE

erally

ese ages Nees

FREEDOM

ney

CAN'

PROTECT

Ls E LE

VOLUME LXXII ISSUE 3

Stay tuned for a look forward to the next 75 years in the Fall issue of the ACLU News.

MICHAEL WOOLSEY

Rochelle Hamilton (right) with her younger

sister, Raina.

HIGH SCHOOL STUDENT

TAKES ON ANTI-GAY

HARASSMENT-AND WINS

Ec May, the American Civil Liberties Union reached

a settlement agreement with the Vallejo City Uni-

fied School District on behalf of a high school student,

Rochelle Hamilton, who faced anti-gay harassment and

discrimination from teachers and school staff and was

required to participate in a school-sponsored "counsel-

ing" group designed to discourage students from being

lesbian, gay, bisexual, or transgender.

CONTINUED ON PAGE 5

AMERICAN CIVIL LIBERTIES UNION

Cl wee ee

THE STATE OF

MARRIAGE

EQUALITY

n May 26, the civil rights of lesbian and gay Californians suffered

a major setback: the California Supreme Court in a 6 to 1 deci-

sion upheld Proposition 8, the ballot measure that eliminated the

right of same-sex couples to marry. The ACLU, National Center for

Lesbian Rights, and Lambda Legal represented Equality California and

six same-sex couples in the case, Strauss et al. v. Horton et. al.

In a strongly worded dis-

sent, Justice Carlos Moreno

stated, "The rule the major-

ity crafts today not only al-

lows same-sex couples to be

stripped of the right to marry

that this court recognized in

the Marriage Cases, it places

at risk the state constitu-

tional rights of all disfavored

minorities. It weakens the

status of our state Constitu-

tion as a bulwark of funda-

mental rights for minorities

protected from the will of the

majority.

`There was some silver lin-

MICHAEL WOOLSEY

ing to the decision: the Court

unanimously ruled that the

more than 18,000 marriages that took place between June 16

and November 4, 2008 will continue to be fully valid and rec-

ognized by the state of California. The decision also reafirmed

the Court's prior holding that sexual orientation is subject to

the highest level of protection under the California Constitu-

tion, and the protections currently afforded by California's do-

mestic partnership law are therefore constitutionally required.

Immediately after the ruling, leading LGBT rights groups

vowed to return to the polls to restore the right to marry for

"The cur-

rent situation in California is

same-sex couples.

fundamentally unfair, and it

is deeply disappointing that

the Court let this injustice

stand," said Elizabeth Gill,

ACLU-NC Staff Attorney.

"But now that the Court said

that same-sex marriage may

be decided at the ballot box,

the right to marry can also be

restored at the ballot box."

Support for marriage

equality continues to build,

Gill noted. While in 2000,

Proposition 22 (which statu-

torily banned same-sex mat-

riage) garnered 61% of the

vote, Proposition 8 passed

with a scant 52%. And in just the last few months, four more

states have legalized marriage for same-sex couples-for a total

of six states.

Before we go back to the polls in California, though, we

have a lot of hard work to do. To create a majority for mar-

riage, LGBT people and close allies are first going to have to

talk to close friends and family about their lives and their re-

lationships, and why this fight matters. To help win marriage

back, go to www.eqca.org.

Pr

positions on the Board.

2 BOARD ELECTION NOTICE 8

[he ACLU-NC Board of Directors, in accordance with changes adopted in 2003, has an election schedule as

4 follows: Nominations for the Board of Directors are submitted by the September Board meeting; candidates and

ballots will appear in the Fall issue of the ACLU News; elected Board members will begin their three-year term in

January. As provided by the revised ACLU-NC by-laws, the ACLU-NC membership is entitled to elect its 2009-2010

Board of Directors directly. The nominating committee is now seeking suggestions from the membership to fill at-large

CONTINUED ON PAGE 5

IN THEIR OWN WORDS:

REFLECTIONS FROM CARD-CARRYING MEMBERS

CC 7 first heard about the ACLU in 11" grade in my constitutional history

and law class. My teacher gave us a lot of cases to study that involved

the ACLU and it made a big impact on me.

I was thrilled when I was hired as the ACLU-NC field representa-

tive in the early 1990's. I got to see firsthand the level of commitment

chapter volunteers have. Later, as director of the ACLU-NC's Friedman

Education Project, I felt honored to share the lives of some of the most

brave and wise young people I have ever met.

The ACLU's crucial role was brought home to me back in the 1990s,

when California was preparing for its first execution since the death pen-

alty had been reinstated. I saw how hard everyone at the ACLU fought

to save Robert Alton Harris from execution, and it made me proud to be

a part of this critical organization.

I donate regularly to the ACLU because regardless of who holds politi-

cal power in our country, there will always be the temptation to misuse

it. So we need the ACLU to monitor those in power and keep safeguards in place. And our responsibility as

donors and activists is to ensure that the ACLU is strong and healthy enough to do its job well."

Nancy Otto

ACLU donor and artist

San Francisco

A SPECIAL THANK YOU:

2009 BENEFACTORS EVENT

BE year, the ACLU-NC hosts a special event for members of our Freedom Circle, the giving circle for major ACLU

supporters in northern California. This event is our way of saying thank you and offering an inside look at the

critical work made possible by the Freedom Circle's generous support. This year's event was all about celebration! We

marked the ACLU-NC's 75th Anniversary and toasted our new Executive Director, Abdi Soltani. Soltani, along with

Board Chair Nancy Pemberton and Lucas Guttentag, Director of the ACLU Immigrants' Rights Project, discussed the

ACLU's work on immigrant rights, past and present-and what lies ahead.

To learn more about joining the Freedom Circle, please contact Cheri Bryant, Development Director, at

cbryant@aclunc.org.

LEFT: Abdi Soltani with Jeff Justice and a fellow guest. CENTER: Staff Attorney Cecillia Wang enjoys a

laugh with Board Member Clara Shin and former longtime Board Member Davis Riemer. RIGHT: Ruth

and Jerry Vurek strike up a new friendship with Raj Desai and Bobby Chatterjee.

" SUSANA MILLMAN (c, R)

PHOTOS, MICHAEL WOOLSEY (1)

NEW STAFF AT THE ACLU-NC

ACLUnews

THE QUARTERLY PUBLICATION OF THE

AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA

Linda Rapp joined the ACLU-

NC in April as the Director of

Foundation Support. Rapp hit

the ground running and is work-

ing closely with the litigation

and policy staff to secure grant

funding for the ACLU-NC's

Nancy Pemberton CHAIR

major issue areas.

Rapp comes to the ACLU-NC with over ten years Abdi Soltani EXECUTIVE DIRECTOR

of grant-writing experience at the San Francisco Zoo

and a local non-profit that serves homeless and low-

income families. But Rapp's real passion is civil liber-

ties-she has volunteered with the ACLU-NC since ae

the late 1990s. "I can't believe I'm being paid to work (c) Sacey som

on the issues that matter most, with the organization 39 Drumm Street, San Francisco, CA 94111

that is always leading the fight." (415) 621-2493

Membership ($20 and up) includes a subscription to the

ACLU News. For membership information call

(415) 621-2493 or visit www.aclunc.org

Laura Saponara EDITOR

Gigi Pandian DESIGNER AND

PRODUCTION MANAGER

2 | ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF

GETTING SMART ON CRIME COULD

HELP SAVE STATE BUDGET

By Francisco Lobaco

"he seemingly never-ending state budget dilemma has completely preoccupied legislative affairs in

Sacramento this year. Our legislators have been forced to come face to face with a budget shortfall

of $26 billion even after dramatic cuts were made in February to close the $40 billion gap. Unable

to raise revenues because of the refusal of the Republicans and the Governor to consider new taxes, the

legislature has been forced to make drastic reductions to existing state programs.

You have read about the billions in cuts to educa-

tion, along with proposals to eliminate Cal-Works,

health care for poor children and college grants for

students, among other severe cutbacks. `The legislature

is unlikely to completely eliminate the most important

of the safety net programs, but the consequences of the

economic downturn will impact all Californians and be

felt most severely by those most in need.

Now for the glimmer of hope: for the first time in

memory, it appears the legislature will be making sig-

nificant cuts to the Department of Corrections. It's

about time. Shortly before I began my tenure as an

ACLU lobbyist, the prison population was 59,000 in-

mates. Now it stands at 170,000. California is spending

$10 billion annually on our prison system, more than

double what was spent just five years ago.

As reported recently by the Pew Center on the States'

SAPONARA

Public Safety Performance Project, for the first time in

history more than one in every 100 adults in America

are in jail or prison. In California, almost two-thirds

of the people sent to state prison have been convicted

of drug and property crimes. The report concludes that, "for

all the money spent on corrections today, there hasn't been a

clear and convincing return for public safety. More and more

states are beginning to rethink their reliance on prisons for

lower-level offenders and finding strategies that are tough on

crime without being so tough on taxpayers."

Fiscal realities may finally motivate elected officials to be-

THOUSANDS OF REASONS

TO END THE DEATH PENALTY

By Laura Saponara

undreds of people traveled to Sacramento from all corners of

the state on June 30 to offer impassioned and often intensely

personal testimony about why they believe the time has come to

end California's death penalty system.

The occasion was the California Department of Corrections

and Rehabilitation's (CDCR) invitation to the public to com-

ment on the lethal injection procedures used by the prison

system to kill those who have been condemned to death.

The ACLU-NC, Death Penalty Focus and many other dedi-

cated ally organizations spurred more than 7,000 individuals

and dozens of professional, religious, and non-profit organi-

zations to submit written comments to the CDCR prior to

the hearings. Governments and human rights organizations

weighed in from places like France, Puerto Rico, Italy and Togo,

the nation that most recently abolished the death penalty.

Much of the testimony was powerful and poignant, fueled

by arguments as varied as the speakers. Psychologists, former

prison officials, family members of murder victims, people of

faith, and people who have witnessed and assisted in execu-

tions-each read a heartfelt statement into the record, often

to applause and occasionally to tears from the crowd in the

hearing room.

Many of the activist-speakers drew upon international con-

cepts of human rights, calling for California to rid itself of the

company of the world's other top executioners-Saudi Arabia,

Syria, China and Iran. Others touched on the psychological

toll on family members of both victims and of the condemned,

who wait years and years in anxious expectation and who are

often treated poorly by the justice system.

Speakers representing churches, temples and synagogues

around the state spoke against the practice of denying inmates

access to a chosen spiritual advisor during the final moments

leading to execution, a violation of religious freedom.

Members of the media testified against CDCR regulations

that severely restrict press access and also violate the First

Amendment.

Others expressed outrage at the failure of prison officials to

disclose the total cost of executions, as is required by law.

Each speaker was given three minutes. In six hours of tes-

timony, only two people rose to speak in favor of lethal injec-

tion.

The CDCR is required to respond to each of the arguments

presented during the public comment period.

Representatives from the CDCR were in the room but could

not be identified. More noticeable was the healthy entourage

of plainclothes police officers sent to observe the proceedings,

presumably to guard against angry outbursts or physical vio-

lence. None occurred.

Executions in California have been suspended for the

past three years, in part due to legal challenges by the ACLU

and others who believe that the lethal injection procedure is

unconstitutional, and that the state's past handling of execu-

tions has demonstrated serious systemic problems. Governor

Schwarzenegger plans to resume executions, even though the

death penalty system will cost us approximately $1 billion over

the five years to come. @

In California, the ACLU

actively lobbied for parole and sentencing reforms as

come "smarter on crime."

part of the budget solution. Any dollar saved could be

allocated for more pressing social needs. (See the com-

panion article on this page on our efforts to suspend the

death penalty.)

The latest indications are that the budget of the De-

partment of Corrections will be cut by approximately

10%. Some of the proposed "savings" are problem-

atic-cuts to inmate vocational and educational pro-

grams-but others will come from legitimate reforms,

including parole reforms intended to lower our recidi-

vism rate. (The recidivism rate in California stands at

70%, by far the worst in the country.)

`The Governor has also proposed reducing certain

low-level crimes, such as petty-theft with a prior con-

viction, from "wobbler" to misdemeanor status, thereby

eliminating state prison time for these offenses. (There

are currently 2,400 inmates serving time in our state

prisons for petty theft.) While no one should expect

significant sentencing reforms from the Legislature or

the Governor anytime soon, these initial reforms are impor-

tant steps in developing a fairer and more just system. @

ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF | 3

JOIN THE MATH TEAM, TAKE A DRUG TEST?

By Rebecca Farmer

ust weeks before she graduated from her Redding high school, Brittany Dalton's flute ensemble won

at a prestigious statewide competition. An accomplished musician throughout high school, Brittany

would get to school early to have extra practice time. But her school tried to keep her from playing

in this competition-the last of her high school career. Why? She refused to submit to a district-wide

suspicionless drug-testing policy.

Brittany felt strongly that it was a serious pri-

vacy violation. A Superior Court Judge agreed

and granted the ACLU-NC's request for a pre-

liminary injunction to halt the invasive policy.

ACLU-NC filed suit against the Shasta Union

High School District in December 2008, charg-

ing that its policy of random drug testing for

students participating in competitive school

activities, like marching band, math club, and

mock trial, violates the California Constitution.

The suit is on behalf of students Brittany Dal-

ton, Benjamin Brown and Jesse Simonis, and

their parents.

Under the policy, students selected for testing

were pulled from class, marched to a bathroom,

and required to urinate in a cup while a monitor

stood outside the stall listening.

Brittany, who just turned 18 following gradu-

ation, was concerned that being forced to urinate while some-

one listened outside the door at school would be extremely

invasive and uncomfortable. She wasn't worried about the

test result- Brittany has a serious heart condition, which

makes it dangerous for her to use any drugs, smoke ciga-

rettes, or drink alcohol.

Brittany's father offered to have her tested privately. School

administrators ignored this, and barred her from playing in

band competitions.

The judge's ruling came just in time, only days before the

competition.

"I was ecstatic," said Brittany, recalling how she felt the

Brittany Dalton and Benjamin Brown.

morning she learned that the judge's ruling would allow her

to compete with her ensemble.

Benjamin Brown and his parents also objected to the

policy.

Benjamin, also recently graduated, played the French horn

and trumpet competitively, and sang in the choir. He con-

sented to the policy under protest to be eligible to try out

for Honor Choir, and was concerned that the policy could

interfere with his musical activities.

"Music is the center of my life," said Benjamin. "There's

always a chance of a false positive. If there was competition

coming up soon, you wouldn't be able to participate."

LEGAL and LEGISLATIVE BRIEFS

"Students shouldn't be treated like suspects be-

cause they want to play in the school band," said

ACLU-NC Staff Attorney Michael Risher. "This

kind of mandatory testing impedes students' abil-

ity to participate in a number of student activities

and intrudes on their privacy." Schools already

have the authority to test students suspected of

using drugs.

Another student, Jesse Simonis, joined Future

Farmers of America (FFA) while enrolled in an agri-

cultural biology class that required him to raise a hog

to sell at a local fair. A school administrator told Jesse

he would be kicked out of FFA if he did not submit to

the test. Jesse eventually did so. He tested negative.

Shasta County Superior Court Judge Monica

Marlow wrote in her ruling, "The district's goal of

drug-free schools is admirable and commendable.

However, the policy must be consistent with the

California Constitution and the California Supreme Court

cases by which this court is bound."

The district has insisted the policy prevents drug use. In

fact, the policy targets young people who are least likely to

use drugs. It may also deter students from participating in

the types of healthy extracurricular activities that help them

to steer clear of drugs.

No evidence has suggested a drug problem in the Shasta

Union High School District that would justify the invasion

of privacy inherent in the district's policy.

Jesse begins his junior year in the fall. Brittany and Benjamin

will remain involved in the suit along with their parents.

4 | ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF

HIGH SCHOOL STUDENT TAKES

ON ANTI-GAY HARASSMENT -

AND WINS

CONTINUED FROM PAGE 1

`The settlement, a five-year agreement, is designed to

combat harassment and discrimination based on sexual ori-

entation and gender identity at all of the district's schools,

and includes district-wide anti-harassment training for

students and staff.

Rochelle told her story to listeners of KQED radio, as part

of the first-person essay series, "Perspectives" (text at right).

To read more about Rochelle's story, and view news clips

featuring Rochelle and her mother, Cheri Hamilton, visit

the ACLU-NC's website, www.aclunc.org.

YOUTH EXPLORE HISTORIES OF LGBTQ

RESISTANCE AND ORGANIZING

his summer, the Howard A. Friedman Youth Project will

explore LGBTQ struggles and victories in its trip entitled

"Fierce and Fabulous." Nineteen young people ages 15 to 20

will travel Northern California, meeting with activists, his-

torians and elders who have contributed to the multilayered

movement for LGBTQ liberation.

`Two students participating in the trip are Le Tran and Alex-

ander Adsit. Tran recently graduated from Oakland Technical

High School, where he was school president and for two years

led his school's Gay Straight Alliance. One of his proudest ac-

complishments was lobbying in support of the 2007 Safe Place

to Learn Act (AB 394). Tran recalls preparing all weekend for

the legislative visits, then meeting a particularly stony-faced

lawyer at the Department of Education. "We were so thrilled

when, at the end of our presentation, he said he agreed with

us," said Tran.

Alexander Adsit of San Leandro recently graduated from

Oakland's Bishop O'Dowd High School, where he was presi-

dent of a LGBTQ-supportive club. After facing harassment

and threats as a young teen, Adsit decided "I want to create

more positive change in the world, so that no other kid has to

suffer like that." For Adsit, one of the keys to creating change

is public education. "I think it's really important that we speak

up about how we live our lives and why things like marriage

are important to us," he said. "With support from the larger

community, we'll be much more likely to win."

Stay tuned for more about the student trip in the next

ACLU News. and

2 BOARD ELECTION NOTICE

CONTINUED FROM PAGE 1

ACLU MEMBERS MAY PARTICIPATE IN THE NOMINATING PROCESS IN TWO WAYS:

1. Send suggestions for the nominating committee's consideration prior to the September Board meeting (September

10, 2009). Address suggestions to: Nominating Committee, ACLU-NC, 39 Drumm Street, San Francisco, CA

94111. Include your nominee's qualifications and how the nominee may be reached.

2. Submit a petition of nomination with the signatures of 15 current ACLU-NC members. Petitions of nomination,

which should also include the nominee's qualifications, must be submitted to the Board of Directors by September

30, 2009 (20 days after the September Board meeting). Current ACLU members are those who have renewed their

membership during the last 12 months. Only current members are eligible to submit nominations, sign petitions

of nomination, and vote. No member may sign more than one such petition.

ACLU members will select Board members from the slate of candidates nominated by petition and by the

nominating committee. The ballot will appear in the Fall issue of the ACLU News.

ARTICLE VI, SECTION 3:

Presentation of Nominations and Additional Nominations.

The final report of the committee to nominate members-at-large to the Board shall be presented at the September

Board meeting. Members of the Board may propose additional nominations. If no additional nominations are

proposed by Board members, the Board, by a majority of those present and voting, shall adopt the nominating

committee report. If additional nominations are proposed, the Board shall, by written ballot, elect a slate of

nominees with each member being entitled to cast a number of votes equal to the vacancies to be filled; the

persons nominated by the Board shall be those persons, equal in number to the vacancies to be filled, who have

received the greatest number of votes. The list of nominees to be placed before the membership of the Union

for election shall be those persons nominated by the Board as herein provided, together with those persons

nominated by petition as hereinafter provided in Section 4.

ARTICLE VI, SECTION 4:

Recommendations and Nominations by Members of the Union.

Any 15 or more members of the Union in good standing may themselves submit a nomination to be included

among those voted upon by the general membership by submitting a written petition to the Board not later

than 20 days after the adoption by the Board of the slate of Board nominees. No member of the Union may

sign more than one such petition, and each such nomination shall be accompanied by a summary of quali-

fications and the written consent of the nominee. This provision of the By-Laws shall be printed in the first

page of the summer issue of the ACLU News together with an article advising members of their rights in the

nominating process. and

ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF | 5

MICHAEL WOOLSEY

leara-Cacrying

ae

aR

The ACLU of Northern California took the 39th annual San Francisco Pride Parade by storm. On June 30, over 100 people marched with our contingent.

THE ROAD TO FULL LGBT RIGHTS

IN CALIFORNIA: WHAT'S NEXT?

`he California Supreme Court's upholding of Proposition 8 is profoundly disappointing. Yet our loss on

Proposition 8 has galvanized the rest of the nation-since November 2008, four more states have legal-

ized marriage for same-sex couples for a total now of six states. There is little doubt that we are on the

road to marriage equality. But how will California get from here to there?

Nive have made so much

progress in so little

time, and yet there remains

tremendous resistance to dis-

mantling the laws and culture

that relegate LGBT people and

our families to second class

citizenship.

More proactive engagement

by LGBT people and our allies

is required if we are to achieve

full and complete equality in

the next generation.

It is not enough to be out. Many of our family members,

friends, coworkers and neighbors know that we are LGBT,

but they do not know the specific challenges that we face

in our daily lives. For example, my cousins were surprised

to learn that there is no federal law that prohibits firing

a person, simply because he or she is gay. Our lawmakers

need to hear more directly from us.

LGBT people and our allies need to push on the outer

bounds of our comfort zones. We need to understand that

as LGBT people we already have the strength and courage

within ourselves to do that.

Perseverance is a fundamental aspect being ourselves daily.

Our dear and wonderful allies must engage alongside us.

Speak up!

-Lisa Cisneros

Rural LGBT Activist

his July we celebrated our first wedding anniversary

and our 34th year together. We never expected to

marry. It was out of the question throughout our years of

work for equality through the ACLU. By 2008 when we

married, we were grandmothers. We had not been waiting

all that time to marry, yet marriage equality is an important

goal of the ACLU's decades of patient and strategic work

for LGBT rights.

Then came Proposition 8. It galvanized several states

to recognize marriage rights for same sex couples, but it

also solidified the opposition. Lines have been drawn, sides

taken.

It's time to change that dynamic. It's time to talk to each

other. "Tell 3" is a way for each of us to commit to talking

to 3 people about how important full equality is to us, in-

cluding marriage

When

we are people, not

equality.

issues, minds can

change.

We must con-

tinue to lobby of-

ficials, write letters

to the editors, leaf-

let at events, and

send speakers to

groups, including

churches. Many

religious faiths see

equality and jus-

tice as theological

issues. Many of us

need to question

our assumptions

about churchgoers (we are), people over 60 (we are), and

other stereotypes that divide us.

The experience of marriage equality in California being

granted and then taken away has changed us all. We now

expect full equality. For some of us, it's for the first time.

-Michelle (Mickey) Welsh and Kathy Stoner

Monterey County Chapter, ACLU-NC

Mickey serves on the ACLU-NC Board, and

Kathy serves on the ACLU-NC Legal Committee.

any of us decried the Supreme Court's decision up-

holding Prop 8 for ignoring structural limitations on

the initiative power, green-lighting further ballot box abuse

of vulnerable minorities. Yet we

shouldn't overlook that it had

at least two positive effects.

First, it was a wake-up call

that's galvanizing huge new ac-

tivism. Second, it affirmed the

marriages of roughly 18,000

same-sex couples who tied the

knot last year.

And now it's obvious that

Prop 8 drew an arbitrary line.

Because while last summer

ended any doubt whether les-

bian and gay couples cherish the right to marry (yes, we

do), and whether our nuptials prompt the "traditional"

happy tears and dancing (yes, they do), the marriage door

has been slammed on same-sex couples who didn't rush

through before Election Day. Now, all of us more easily can

broadcast the irrationality of this unkind violation of the

Golden Rule.

Each of us can be a change agent. Explain that stron-

ger families strengthen society overall. Rather than accus-

ing Prop 8's supporters of bigotry, let's share this positive

message that invites anxious strangers to see our increased

security and happiness, to rethink what they value, and to

change their view. We invite this change best when we make

our commonality visible, show how exclusion injures, and

affirm that we all have a stake in an inclusive, mutually

respectful future.

-Jennifer C. Pizer

Senior Counsel and Marriage Project Director

for Lambda Legal

6 | ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF

MEET VIDEO ACTIVIST AND BOARD MEMBER

ALLEN ASCH

Ae Asch can still remember what he did the week of

is birthday in 1983. He was 18, a high school senior in

Palos Verdes, California. "I registered to vote. I registered for

the draft. And I joined the ACLU," recalls Asch.

"Joining the ACLU was part of what I saw as being a good

citizen," he explains. "It was in keeping with my general prin-

ciples. I registered to participate in the democratic process,

so it seemed fitting that I give my support to the group that

ensures our Constitutional rights are protected-no matter

what the majority may think."

Asch has been actively supporting that principle ever

since.

By the time he graduated from Yale University in 1991,

Asch had pretty much decided he wanted to become a public

defender, one of the people he sees as on the vanguard of

fighting for the Bill of Rights every day.

After law school, he became a law clerk for the federal

public defender. He volunteered as a cooperating attorney

for the ACLU in eastern Missouri and wrote legal briefs and

opinions, and helped manage an online message board for

the national ACLU's website. When he and his wife, Mi-

chele, an Ob/Gyn physician at Kaiser Permanente, moved

to California in 1998, Allen worked for public defenders in

Placer and Sacramento counties. Since his 8-year-old daugh-

ter, Miranda, was born, however, he has mainly focused on

raising her, doing legal work as a volunteer in his free time.

Recently, Asch helped re-establish the Sacramento County

Chapter of the ACLU. Soon thereafter, he joined the board

of the ACLU of Northern California in May 2007. He serves

on the Executive Committee and heads the Field Activist

Committee, made up of representatives of each of 18 North-

ern California chapters.

In the past three years, Asch has taken his activism into

a new dimension-YouTube. Under the user name Liberal

Viewer, Allen has posted more than 170 videos to the popu-

lar Web site. Many raise provocative issues of constitutional

rights. Over sixteen million viewers have watched Allen's

videos, some of which feature clips from Fox News and other

sources. After making his points, Allen wraps up his postings

with two questions for the audience to mull.

His most pointed commentary is often reserved for the

media. A recent posting shows Fox News's Bill O'Reilly vili-

fying Dr. George Tiller, the physician who devoted himself

to reproductive freedom and was killed during services at his

Kansas church. In the video, O'Reilly denies condoning such

violence, but Asch's posting suggests otherwise.

Another of Asch's videos shows family members of murder

victims testifying against the death penalty. The Sacramento

Bee' coverage of last year's hearings on the death penalty system

included only quotes from death penalty proponents. When

Asch's video pointed out the discrepancy, the paper agreed to

publish editorials both for and against the death penalty.

When a member of Allen's local library board responded

to the ACLU's concerns about censoring Internet access at

libraries by exclaiming, "Screw folks' constitutional rights,"

Asch posted a video clip of the board meeting on YouTube.

After the local CBS news affiliate in Sacramento picked up

the story, the board member apologized. m

ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF | 7

ACLU FORUM

WHY DOES THE

ACLU BELIEVE

PRESIDENT OBAMA

SHOULD RELEASE

GOVERNMENT

DOCUMENTS AND

PHOTOS ABOUT

TORTURE?

ASK THE EXPERTS!

SAFE AND FREE

ttorney Ben Wizner of the ACLU's National Security

Project explains why accountability for torture and

other abuses is necessary in order to restore the rule

of law and move the country forward.

HAS THE OBAMA

ADMINISTRATION

MADE PROGRESS

TOWARD RESTORING

TRANSPARENCY AND

ACCOUNTABILITY?

I imagine that many ACLU

members have

experienced

President Obama inadvertently gave us the best expla-

nation when he announced that he had changed his

mind about releasing photographs of abuse. The Presi-

dent said that these were "rare and isolated instances"

and that where appropriate, the perpetrators had been

punished. Both of those statements are untrue.

We know that the abuses that were documented at

Abu Ghraib were routine-not an aberration. They

took place at facilities around the world and not just at

one prison in Iraq. And we know that the highest level

official to face prosecution was a lieutenant colonel,

even though the abusive interrogation tactics were ap-

proved at the highest levels of Department of Defense

and civilian leadership.

THE PEOPLE IN THE BUSH ADMINISTRATION

WHO CONDONED TORTURE ARE NO LONGER

IN CHARGE. SHOULDN'T WE JUST FORGET

ABOUT IT AND MOVE ON?

President Obama has suggested that we should look for-

ward without looking back. But in a country governed by

the rule of law, that's a false choice. Enforcing the law means

looking backward in order to ensure that abuses are not

repeated. This is particularly important given that there is

still an extraordinary debate going on in this country about

the legality, the efficacy and the morality of torture.

`There are loud voices in the political establishment who

are still defending what happened during the last eight

years, people who have made clear that if they are restored

to power, they will restore these policies. And in that

context, to say that we should just move on is to put the

country at risk of returning to an era of abuse that brought

shame to our country internationally.

ISN'T PRESSING FOR ACCOUNTABILITY

A DISTRACTION, ONE THAT SAPS

RESOURCES THAT NEED TO BE DEVOTED

ELSEWHERE?

That's an argument that could be made about enforcing

the law in any context. What we hear over and over again

is that to enforce the law against political leaders from the

prior administration would be to criminalize policy dif-

ferences. Precisely the opposite is the case. The danger of

politicization comes not from calls to enforce the law, but

from calls to exempt the political class from laws that apply

to everyone else.

That the infliction of barbaric cruelty on prisoners was

purportedly "authorized" by Justice Department lawyers

changes nothing.

WHAT IS TO BE GAINED FROM A FORMAL

INVESTIGATION INTO ABUSES OF POWER

BY THE BUSH ADMINISTRATION?

We truly are in a state of transitional justice. We had an ad-

ministration that believed that because we were in a war that

would take place everywhere and forever, no statute could

prevent the president from acting as he saw fit. To truly

return to the rule of law, we need to ensure that there are

Wizner and Khaled El-Masri, following a U.S.

Court of Appeals hearing in 2006. El-Masri is a

German citizen who was on vacation in Macedonia

when he was unlawfully abducted, detained and

abused by the CIA under its rendition program.

consequences for that kind of extraordinary law breaking.

There's another reason, too. To date, no victim of the

Bush Administration's torture policies has yet had his day

in court. We at the ACLU are obviously working in various

lawsuits to ensure that these victims can be heard, and that

they can receive justice.

WHAT ROLE SHOULD CONGRESS PLAY IN

UNCOVERING THE TRUTH?

Congress has a very important role. Certainly there are

important investigations underway in Congress right now

into both the Defense Department's and the CIA's torture

policies. It's also possible that Congress itself was com-

plicit in permitting some of these torture policies to go on

without any real oversight. So Congress can't be the sole

investigator here.

We have called for an independent prosecutor and for

a joint committee of Congress modeled on the Church

Committee, which investigated abuses of law and power by

the CIA and the FBI that came to light as a result of the

Watergate scandal. Such a committee should do a compre-

hensive review of the administration's torture policies. That

would not only add to the historical record but help achieve

a clean break with the regime that just left office.

WHAT CAN ACLU MEMBERS AND OUR

ALLIES DO TO ENCOURAGE CONGRESS TO

GET TO IT AND STAY FOCUSED?

This is a very important question. The public at large

and ACLU members in particular must keep the pres-

sure on our members of Congress not to let this issue

go. It's the tendency of all administrations to try to

avoid politically complicated questions and to stick with

more comfortable issues. But ACLU members above all

have to make clear that it's unacceptable for Congress

to sweep these crimes under the rug and to pretend that

they never happened.

It is absolutely insufficient that we now have executive

orders that ban torture and close CIA prisons. Executive

orders can be shredded and rewritten by the next president.

This is not about the president, it's about the presidency.

something like whiplash since

President Obama took office. There have been mo-

ments of celebration followed by moments of pro-

found disappointment. President Obama deserved

our praise when on his second day in office he or-

dered the closure of Guantanamo prison and secret

CIA prisons, and he banned enhanced interrogation

techniques. And President Obama deserved our

criticism when he continued to evoke the overbroad

"state secrets" claims in litigation brought by vic-

tims. He has refused to support the appointment

of an independent prosecutor for torture, or even a

bipartisan commission.

Although he seems committed to preventing some

of these abuses occurring during his administration, I

think that President Obama is unwilling to confront

head-on the legacy of the Bush Administration.

WHAT ARE THE ACLU'S TOP THREE

RECOMMENDATIONS FOR RESTORING

ACCOUNTABILITY IN GOVERNMENT?

We must investigate the Bush Administration's torture

policies and enforce the law wherever the law leads. We

should not use flawed military commissions which have

no legitimacy in eyes of the world to prosecute people

who we are holding. And perhaps most critically, we

cannot recreate the Guantanamo detention regime here

in the United States by enacting a statute that would

permit the indefinite detention of terrorism suspects

without trial. @

Ben Wisner i an aditorney with ihe ACLU s

National Security Project.

Interview conducted by ACLU-NC Communications

Director Laura Saponara.

Give back to the ACLU-and help the

ACLU give back to your community in

turn-by serving as a volunteer in our

annual fund campaign!

Personal relationships are at the heart of fund de-

velopment at the ACLU Foundation of Northern

California. Every fall, committed volunteers call

upon our loyal donors to thank them for their past

contributions, talk with them about ACLU issues of

interest, and ask that they continue their support. By

connecting our donors with volunteers who share their

passion for defending freedom, we build a community

of individuals who care about civil liberties while ensur-

ing our programs will be sustained for years to come.

Consider taking up the torch for freedom by joining

fellow ACLU members in this important effort!

To learn more, please contact Major Gifts Of-

ficer Dana Textoris at dtextoris@aclunc.org or

415.621.2493 ext. 370. @

8 | ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF

We see

justice

rough

marks 75 years that the ACLU of Northern California has been fighting

against police and government repression; standing up for the rights of the

powerless; and forging an enduring regional and national organization to

defend the constitutional rights of all.

Here we have taken the opportunity to excerpt highlights of the battles we have waged in defending

fundamental rights and freedoms-from the Depression Era through World War II, McCarthyism through

the Free Speech Movement, to the challenges wrought by 9/11. We invite you to look at these struggles

through the eyes of ordinary people who risked a great deal-often their livelihoods and occasionally

their lives-to take a stand for freedom.

The history of the ACLU-NC is a history of the major struggles of Californians to preserve and expand

our basic freedoms.

Over the following four pages, learn about the ACLU-NC's history during the past 75 years, both

through select personal stories of courageous individuals, and through an overview of our work across

the decades, told by Elaine Elinson and Stan Yogi.

CIVIL LIBERTIES HEROES AND HEROINES

" he courage of some ACLU-NC clients-like Fred Korematsu and Lawrence Ferlinghetti-is widely

recognized far beyond Northern California. But there are many people that the ACLU-NC has rep-

resented whose willingness to fight for civil liberties is not as well-known. Here are just a few of

the unsung heroines and heroes who have helped to preserve rights for all of us:

CHARLOTTE GABRIELLI" | SOL NITZBERG AND JACK GREEN Organized apple orchard workers for better wages and

a Jehovah's Witness, was working conditions. Anti-labor vigilantes, aided by off-duty law enforcement person-

nine years old in 1936, nel, tarred-and-feathered them and forced them to walk the midnight streets of Santa

when she was suspended - Rosa. The ACLU-NC investigated and publicized the incident to draw attention to

from Fremont Elementa- frequent and violent attacks on labor

ry School in Sacramento organizers in the 1930s.

for refusing to say the

Pledge of Allegiance. `The

ACLU-NC supported

her, and though the Cali-

fornia Supreme Court

ruled against her, in 1943

DOM SALLITTo, an Italian immi-

grant, was threatened with depor-

tation in 1938 for his political ac-

tivities. The ACLU-NC prevented

his deportation, and he was granted

CHARLOTTE GABRIELLI, Gysarnid Secramente

school girl whe wee suepended from school for re

fusing te exlute the Tec.

the U.S. Supreme Court

declared the mandatory

flag salute unconstitu-

tional.

U.S. citizenship in 1954. Dom and

his wife Aurora became lifelong

activists with the ACLU, and, as

octogenarians, were awarded the

Lola Hanzel Courageous Advocacy

Award for their volunteer service

with the Santa Clara Chapter.

Clipping of Charlotte from a 1936 issue of the ACLU News. Dom Sallitto CONTINUED ON PAGE IV

| CELEBRATING 75 YEARS