vol. 75, no. 3

WHAT'S INSIDE

2 Vote im the Board Election

4 Letter from the Executive Director

`6 It's time to replace the death penalty.

How you can play a direct role in this

historic campaign.

7 Local and vocal: ACLU members speak

up for alternatives to incarceration.

8 Legal Briefs

9 Drug testing of students: Shasta

school district got it all wrong.

10 Opinions: Why profiling demeans us.

The problems with teen curfews.

11 Celebrate Bill of Rights Day,

December 11

12 Ask the Experts! Freedom of Speech:

Online and Off

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THE SAFE CALIFORNIA CAMPAIGN

TO REPLACE THE DEATH

By Miriam Gerace

n September 21 at 11:08 p.m., Troy Anthony Davis

was declared dead, four hours past the original time

set for his death. Davis faced execution for the 1989 mur-

der of police officer Mark MacPhail in Savannah, Georgia.

One million supporters from around the world, including

thousands of ACLU members, maintained that Davis was

wrongly convicted and that serious doubts in his case made

the execution both unconscionable and unconstitutional.

On the same day, leaders in the statewide campaign to

end California's dysfunctional death penalty were hard at

work. Just as corrections officials prepared to end Davis'

life, anti-death penalty advocates, including the ACLU-

NC, law enforcement officials, murder victim family mem-

bers, and exonerees met to plan the kick off for the state-

wide campaign to qualify the "Savings, Accountability and

Full Enforcement for California Act," or SAFE California

Act, for the general election of 2012.

The SAFE California Act will allow voters to replace

California's dysfunctional death penalty with a sentence

of life in prison without the possibility of parole. SAFE

California also calls for convicted killers to work and pay

PENALTY IN CALIFORNIA

Deldelp Medina, murder victim family member, and

Maurice Caldwell, exonerated after 20 years in prison

for a murder he did not commit, sign the first petition

in San Francisco for the SAFE California campaign.

restitution to victims' families through a victim compensa-

tion fund, and invests $100 million dollars from budget

savings into the "SAFE California Fund" to solve open rape

and murder cases.

CONTINUED ON PAGE 6

KEY GAINS IN CA LEGISLATURE

12 NEW LAWS WILL MAKE CA FAIRER FOR IMMIGRANTS,

STUDENTS, READERS, RENTERS AND THE REST OF US

Stephanie Jaeger Photography

ee Ae eee

By The Sacramento Legislative

he ACLU's legislative office in Sacramento reviews many

hundreds of bills each year. They stop many bad bills,

quietly amend many other bills, and also sponsor proactive

legislation.

During the recent legislative season, the activism of thou-

sands of ACLU members-both online and offline-made

the difference in helping to pass a number of bills that were

the ACLU's top priorities in California.

Some of the victories below are particularly sweet because

they were preceded by many years of hard work, including

disappointing vetoes during prior seasons. Others saw the

light of day for the first time, and were passed with fleet,

rather than fleeting, bipartisan consensus. A few represent re-

sounding triumphs, enacted despite strong opposition from

formidable opponents. And all will play a role in making

California a fairer, more equitable place.

CONTINUED ON PAGE 5

At left, the ACLU's Sacramento Legislative Staff:

Francisco Lobacco, Valerie Small-Navarro, Tiffany Mok,

and Katherine Williams.

BOARD OF DIRECTORS

ELECTION

VOTING INFORMATION

WHO CAN VOTE:

The by-laws of the ACLU of Northern California call for the "at large" Directors to

be elected by our general membership. The label affixed to this issue of the ACLU

News indicates on the top line if you are a current member and thus eligible to vote.

Your label states "VOTE" if you are eligible to vote or "INELIGIBLE" if you are not

eligible to vote.

If your label states that you are ineligible to vote, but you have recently renewed your

membership, please send in your ballot with a note that includes your name and

phone number, so we can verify your status. If you are ineligible because you have

not renewed your membership but would like to do so at this time, please enclose

your membership renewal check in the same envelope as your ballot. (Please note

that it is your membership dues payable to the ACLU, not tax-deductible donations

to the ACLU Foundation, that make you eligible to vote.)

HOW THE CANDIDATES WERE NOMINATED:

As explained in the summer 2011 issue of the ACLU News, our by-laws specify two

methods for nominating candidates for directorships. Candidates may be nominated

by the current Board of Directors after the Board considers recommendations from

its Nominating Committee. Candidates may also be nominated by petition bearing

the signatures of at least 15 of our members in good standing.

INSTRUCTIONS FOR VOTING:

The candidates are listed in alphabetical order. We have 10 candidates running to

fill 10 vacancies on our Board of Directors. You may vote for up to 10 candidates.

You cannot cast more than one vote for any candidate. That applies even if you vote

for fewer than 10 candidates. If you share a joint membership with another member,

each of you can vote for 10 candidates. Do so by using both of the two columns

provided for that purpose.

After marking your ballot, clip it and enclose it in an envelope. Your address label (on

the reverse side of this ballot) must be included to ensure voter eligibility.

ADDRESS THE ENVELOPE TO:

ELECTIONS COMMITTEE

ACLU of Northern California

39 Drumm Street

Sam Euancisco, GA 9A

If you prefer that your ballot be confidential, put your ballot in one envelope, then

insert that envelope plus your address label in a second envelope and send to our

Elections Committee at the address indicated above. In that case, we will separate

your envelopes before we count your ballot.

In order for your ballot to be counted, we must receive it at the address shown above

by December 8, 2011.

As required by our by-laws, in order to have a quorum for our election, we need at

least 100 timely returned ballots from our members.

To help you assess this year's candidates, we're including brief statements submitted

by the candidates (see page 3). We've also indicated how they were nominated.

ACLU-NC BOARD OF DIRECTORS BALLOT

Please vote by marking one square next to each candidate you support.

You may vote for up to 10 candidates on this ballot. If you share joint membership with another member, use both squares.

1 (c) ALICIA FERNANDEZ, M.D.

ALLEN S. HAMMOND, IV

DENNIS MCNALLY

MAGAN PRITAM RAY

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STEPHEN ROSENBAUM

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ARSENIO MATAKA

DAVID BERGER

ANGELA CLEMENTS

ZONA SAGE

LISA HONIG

Please clip and send along with your address label to:

Elections Committee

ACLU of Northern California

39 Drumm Street

San Francisco, CA 94111

Ballots must be received by December 8, 2011

-

CANDIDATE STATEMENTS

Incumbents, nominated by the Board

ALICIA FERNANDEZ, M.D.

It has been a privilege to serve on the Board of the ACLU-

NC and I would feel honored to continue serving. The

ACLU-NC is a courageous, essential institution, whose staff

is dedicated to preserving and enlarging civil rights. `The

work of the ACLU-NC in privacy rights, reproductive rights,

gay rights, and immigrant rights is relevant to my daily work

as a physician at San Francisco General Hospital and I have

seen multiple impacts on the lives of Bay Area residents. I see my role as a board member

as supporting our amazing staff and being an advocate for the ACLU's work and mission.

ALLEN S. HAMMOND, IV

Allen S. Hammond IV is the Phil and Bobbie Sanfilippo

Chair and Professor of Law at Santa Clara University. A pro-

fessor at Santa Clara Law since 1998, he serves as director of

the Broadband Institute of California, is former President of

the Alliance for Public Technology and a former board mem-

ber of the AT T Telecommunications Consumer Advisory

Panel. He has held legal and policy positions including the

White House Office of Telecommunications Policy (Carter Administration), and aca-

demic positions at the University of Maryland, Howard University, Syracuse University

College of Law, and the New York Law School. Professor Hammond earned his J.D. from

the University of Pennsylvania School of Law, M.A. from the Annenberg School of Com-

munications at the University of Pennsylvania, and B.A. from Grinnell College.

DENNIS McNALLY

At atime when so many pluralistic, secular values that protect

individual and minority freedoms are under attack-fearful

times breed people willing to sacrifice freedom for security,

or at least people who imagine that they can do so-it seems

to me that the ACLU has never been more necessary. My

ongoing service to the Northern California ACLU , both on

the Board in the "90s and on the Development Committee

The strength

of our affiliate, as evidenced in the new building and the creation of new and expanded

from then to the present, is among the most rewarding parts of my life.

programs, makes me very proud. I'd like nothing better than to be able to continue to

contribute to this positive effort.

MAGAN PRITAM RAY

I joined the ACLU-NC Board in 2009 and currently serve

as Chair of the Personnel Committee, a member of the Fi-

nance and Investment Committees and a Freedom Circle

Campaign solicitor. I have served as Chair of the Officer

Nominating Committee and was a Board member of the

ACLU-NC Mid Pen Chapter. In my day job, I am a share-

holder at Greenberg Traurig, specializing in employee ben-

efits. A first generation immigrant and mother of three teens (immersed in technology),

I am committed to educating young people and immigrants about civil liberties and the

foundational role they play in a democratic society, particularly in the areas of privacy,

first amendment rights and reforming the criminal justice system. It would be a privilege

to serve for another term.

STEPHEN ROSENBAUM

My first ACLU connection was as a client, challenging a high

school dress code in Michigan. Asa college intern, I hooked up

with the fledgling ACLU of Mississippi, defending the right

of the Klan to march in a parade and of university students to

read controversial literature. As a lawyer, I have co-counseled

with various California afhliates-litigating immigration eli-

gibility requirements for farmworkers and La Migra's work-

place raids and helping a pupil attend school with her service dog. More recently, my

work has taken me from Oakland to Ukiah-advocating for students with disabilities

and community access for adults with intellectual impairments. I teach law students: dis-

ability rights, mental health law, social justice, civil rights and student rights. I have just

completed my first term on the board and on the legislative policy committee. I would be

honored to serve another term.

Non-Incumbents, nominated by the Board

ARSENIO MATAKA

I strongly believe that every person, regardless of their race,

ethnicity, gender, citizenship and socio-economic status,

has fundamental rights and that we have a responsibility to

defend those rights. As a passionate advocate for rural and

underserved communities, with more than 10 years of com-

munity organizing and capacity building experience, I'm

humbled to be nominated to serve on the Board of ACLU-

NC. If elected, I will help ACLU-NC strengthen our understanding of civil liberties

issues and the critical roles of community based organizations within the often overlooked

Central Valley. I currently serve as Directing Attorney at California Rural Legal Assis-

tance, Inc. in Stanislaus County, where I have the opportunity to advocate for justice and

individual rights alongside low-income valley communities each day.

DAVID BERGER

I am proud to be nominated to serve as a board member

for the ACLU of Northern California. I am a partner in the

Litigation Department at Wilson Sonsini Goodrich and Ro-

sati, the country's leading law firm advising technology and

emerging growth companies. I sit on my Firm's Board of Di-

rectors, and also chair our Pro Bono Committee. I have long

been a supporter of the ACLU, and have had the privilege of

working with the ACLU-NC legal team on several cases. I have a core belief that lawyers

have a special duty to give back to the community in which they live. A critical part of

this effort is to promote the type of basic justice and civil rights long championed by the

ACLU, and I look forward to helping the Board as it serves this mission. Thank you for

considering my nomination.

ANGELA CLEMENTS

I am honored to be nominated to serve on the Board of the

ACLU-NC. I became involved with the ACLU over ten years

ago as a student organizer in Nebraska where I founded a

youth organization to campaign against an anti-LGBT ballot

initiative. With the ACLU's assistance an LGBT community

in the heartland became empowered as never before. From

2003 to 2006 I worked as a civil rights lobbyist in Washing-

ton, DC to oppose the Federal Marriage Amendment and funding for discriminatory

faith-based initiatives. The ACLU was a crucial ally in achieving success. As a young,

LGBT lawyer who has settled in Oakland with her family, I would bring my passion for

advocating for underrepresented youth to the ACLU-NC's work.

ZONA SAGE

I would be honored to return to the Board of the ACLU. I

attended Boalt Hall law school, and, with a Fulbright, the

University of Stockholm law school, where I studied laws

affecting women. During my career I worked as a legal ser-

vices attorney in Richmond, a staff member of the National

Lawyers Guild projects on Grand Juries and Electronic Sur-

veillance, in the State Bar Legal Services department, for the

City of Berkeley Rent Stabilization program, and then in private practice representing

primarily poor tenants (largely undocumented and monolingual Spanish )living in sub-

standard housing. I have also been active politically for women's and LGBT rights. My

broad interests in social justice align me with this magnificent organization.

LISA HONIG

I have been connected with the ACLU for close to 40 years,

from seeking it's assistance as a teenager to serving on the

Board as an adult. In the twenty years that I have served on

the Board, I have been a member of the Executive Commit-

tee, and numerous other Committees. I also had the honor

of serving as the National Board representative for 3 years. As

a former lawyer and political activist, I have always sought to

bring both an intellectual and a pragmatic approach to the ACLU"s work. My commit-

ment to the organization's work has never been greater. I hope to have the opportunity to

serve on the Board once again.

~~ ACLUnews

THE 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

Michelle Welsh

Abdi Soltani

Laura Saponara

CHAIR

EXECUTIVE DIRECTOR

EDITOR

ASSOCIATE EDITOR

DESIGNER

Gigi Pandian

Far OMAN Cane

(c) @2GCCMBT =) 869-m

os,

39 Drumm Street, San Francisco, CA 94111

(415)G21-2293

and control how it is shared and used.

own private information.

ACLU News can check them out as well! @

DIGITAL PRIVACY: THREE CHEERS FOR

APP DEVELOPERS WHO STAND OUT

here are many examples of ways that technology has been used to intrude upon our privacy. But new tools

and services that are designed with privacy in mind can actually make it easier to protect our information

Enter the Develop for Privacy Challenge. To launch the Challenge, the ACLU of Northern California

teamed up with the ACLU of Washington, the Information and Privacy Commissioner's Office of Ontario and

the Tor Project, a technology organization that protects privacy and anonymity on the internet. The Challenge

attracted developers who create apps that improve, rather than erode, our ability to protect and control our

From a number of fine submissions, three winners caught the attention of a distinguished panel of judges:

= Gibberbot, the winner of our Challenge, demonstrates how technology can enable individuals to com-

municate securely with each other while preventing anyone in between from eavesdropping on the

conversation or even identifying who's on each end of the line. It exemplifies one important piece of

controlling your own data: keeping it out of the hands of anyone who doesn't need to have it. The

Gibberbot app was developed by the Guardian Project.

(R) tigr, the runner-up, is an open-source application that is intended to provide secure authentication

using a smartphone as an alternative to traditional authentication methods such as passwords.

@ ObscuraCam, which snapped into third place, is a camera app that blurs out faces in photos, allowing

users to capture moments-whether at protests, meetings, parties, or elsewhere-while protecting the

identities of the actual people in the photo. The idea of an app designed to respect and protect other

people's privacy resonated strongly with the esteemed panel of judges.

All of these apps are still works in progress, and are already available as open source projects that other develop-

ers can examine, use, and improve upon. But these apps aren't designed just for programmers-readers of the

A DEAR COMRADE

By Laura Saponara

inda Rapp became well-loved quickly at the ACLU of

Northern California for her warm smile, lively spirit

and a rare and indelible sincerity laced with quirky-wry

humor.

When Linda passed away unexpectedly in March, after

serving for two years as the ACLU-NC's Director of Foun-

dation Support, the ACLU lost a very dear comrade.

"For years before she was hired, she had volunteered on a

variety of ACLU causes, so getting paid to work on our is-

sues was a dream come true. She was truly in her element-

she loved working to expand and protect civil liberties and

civil rights," says longtime ACLU-NC Board Member Dick

Grosboll, who first met Linda in 1986.

"Linda had a lively spirit-but also a lively mind, infused

with curiosity," recalls Executive Director Abdi Soltani.

"She would sit with me to go over a proposal and within

a minute we were discussing the core ideas and the most

promising strategies. Linda wasted no time in getting to the

heart of the matter."

Linda secured nearly $4 million in critical funding for

civil liberties advocacy during her tenure, a stunning ac-

complishment that surprised no one familiar with her dili-

gence and unyielding work ethic.

"She was extremely good at motivating foundations to sup-

port us," says Director of Development Cheri Bryant,. "But

what endeared her to all of us was the way she consistently

volunteered to help staff events or phone ACLU members or

just lend an ear to a colleague who needed to talk. She brought

an infectious joy to her work, and we miss her deeply. "

ACLU-NC Director of Foundation Support, Linda Rapp,

who passed away in March.

Doug Rapp, Linda's brother, describes her as an intensely

compassionate person, guided by a sense of empathy that

extended to animals as well as people, one that became the

driving force in her career and her life at large.

CONTINUED ON PAGE 9

12 NEW LAWS WILL MAKE CA FAIRER FOR IMMIGRANTS,

STUDENTS, READERS, RENTERS AND THE REST OF US

Minors Medical Care (Atkins)

Young people now have an additional means of protecting

their sexual and reproductive health, thanks to this update of

minor consent laws. AB 499 allows teens confidential access

to preventive medical care for sexually transmitted infections,

such as post-exposure HIV medication and the human papil-

lomavirus (HPV) vaccine. This is particularly important for

the most vulnerable teens, who may not be able to involve

their parents in reproductive health decision-making.

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SENIOR ORGANIZER

Seth's Law (Ammiano}

Assembly Bill (AB) 9, also known as "Seth's Law," will

ensure that schools in California implement updated anti-

bullying and anti-discrimination policies and programs

that include actual or perceived sexual orientation and

gender identity and expression, as well as race, ethnicity,

nationality, gender, disability, and religion. The new law

reinforces the obligation of school staff to intervene when

they see or hear bullying.

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KEL) EVANS ASsUGIAle DIRECTOR

Speech Rights for Tenants (Kehoe)

At last, the right to express yourself no longer depends on

whether you own or rent your home.

Before Senate Bill (SB) 337 was signed, California law al-

lowed residents in mobile home parks and condominium as-

sociations to display political signs, but these protections did

not apply to renters in general. Now millions of Californians

who rent their abodes are free to post signs, posters, flags

or banners in the windows of their homes during election

season.

Over the past several decades, the ACLU has received many

calls from renters who were threatened with fines or eviction

for speaking their peace with signs. Most recently, such threats

COIN EP INCREIDIP RR GIN) PANE |

have been waged against tenants in Fresno who support mar-

riage equality and a San Francisco optometrist who opposed

an ordinance intended to prohibit homeless people from sit-

ting on public sidewalks.

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In-Custody Informants (Leno)

SB 687 requires corroboration of testimony from in-

custody informants, similar to that required of accomplice

testimony.

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CRIMINAL JUSTICE

AND DRUG POLICY

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The Reader Privacy Act (Yee)

California now has the strongest law protecting reader privacy

in the digital era. The ACLU co-sponsored SB 602 to safeguard

personal information about what books we read, browse, or

buy - either online or at the corner bookstore. The law requires

that government and third parties go to a judge and get a court

order before they can access sensitive reading records and that

companies report annually about how often and why they turn

over this personal information.

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SEVEN NEW LAWS WILL STRENGTHEN

THE RIGHTS OF IMMIGRANTS

The DREAM Act of 2011 (Cedillo)

Many first-generation college students in California were

brought to the U.S. by their parents when they were very

young. Thanks to the California DREAM Act, qualified

students will be eligible for financial aid, including Cal-

Grants, at public colleges and universities regardless of their

immigration status.

E-Verify (Fong)

AB 1236 prohibits localities from mandating the deeply flawed

E-Verify program on private entities and prevents a messy

patchwork of unnecessary employment verification laws.

Vehicle Impounds (Cedillo, Allen)

Vehicle checkpoints were created to find intoxicated mo-

torists, but in recent years have been used to impound the

cars of sober, unlicensed drivers who are undocumented

immigrants. AB 353 prohibits police at checkpoints from

seizing a car solely because the driver is unlicensed. The

new law will allow unlicensed motorists time to find a legal

driver to retrieve the car and avoid impound, which can

cost $2,000 or more.

"THIS NEW LAW WILL

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lee Ne eae

OF THE IMMIGRANT

COMMUNITY. LAW

ENFORCEMENT

CAN REGIS i

CHECKPOINTS ON

Se Ne eee ey eG

DRUNK DRIVING."

_ DANIEL GALINDO, ORGANIZER

Student Residency (Ammiano)

AB 207 requires school districts to accept proof of students'

residency without requiring proof of citizenship.

English Language Testing (Padilla)

SB 753 prohibits schools from requiring students to retake

sections of the California English Language Development Test

they have already passed, and requires the test to be adminis-

tered in the spring.

Student Birthplace (Fuentes)

AB 143 prohibits public school directories from stating the

student's place of birth. @

THE SAFE CALIFORNIA CAMPAIGN

Many Californians are unaware that the death penalty

is far more expensive than life without the possibility of

parole. And voters are stunned to learn that while we will

spend $1 billion in the next five years on a broken system,

46% of murders and 56% of reported rapes go unsolved every

year, on average, in California.

`The protests and vigils against the execution of Troy Davis

in Georgia were a vivid reminder that California must lead the

nation and end the death penalty:

@ California hosts the nation's largest death row-more than

20% of all the people on death row in the United States are

at San Quentin.

m We have spent an exorbitant $4 billion dollars since 1978

~ on 13 executions.

@ San Quentin has 715 death row inmates; theyare more likely

to die of illness or old age than the death penalty.

m Just two years ago, Los Angeles County handed down more

death sentences than the entire state of Texas.

@ A study by Judge Alarcon and Professor Paula M. Mitchell

found Califonria spends $184 million more per year on the

death penalty than we would on life without parole.

`This yawning gap between public safety rhetoric and reality

has led to a shift in public support for the death penalty. On

the same day that Troy Davis was put to death, the Public

Policy Institute of California (PPIC) published statewide poll

results that show54% of Californians prefer life imprisonment

with no possibility of parole, and only 39% prefer the death

penalty.

California voters are ready to replace our dysfunctional

death penalty with life in prison without parole. When given

the option to choose life without parole with work and resti-

tution to families through a victim compensation fund, voters

turn away from capital punishment time and again.

For many ACLU-NC members, Davis' execution repre-

sented a horrifying showcase for our criminal justice system's

deepest flaws. It brought into sharp focus the risk of execut-

CONTINUED FROM PAGE 1

SAFE

CALIFORNIA

VINES

B

Accountability

Full Enforcement

ing an innocent person, pervasive racial bias and the death

penalty's arbitrary nature, and the intractable problem of un-

derfunded and incompetent lawyering for most low-income

defendants.

But the SAFE California campaign is not just motivated by

the risk of executing an innocent person. It is also inspired by

crime victims who want to see California invest in real public

safety solutions.

SAFE California campaigners have officially begun gath-

ering signatures from across the state to place the initiative

on the ballot in November 2012. We must gather more than

750,000 signatures and as much financial support as pos-

sible- a tall order, but one Californians are ready to meet in

the name of justice.

There are plenty of ways that ACLU members can help end

California's death penalty in 2012!

We need volunteers to host house parties to invite

people to learn about the SAFE California Campaign and

make donations to support this historic effort. Sign up at

MANY CALIFORNIANS ARE

UNAWARE THAT THE DEATH

PENALTY IS FAR MORE EXPENSIVE

THAN LIFE WITHOUT THE

POSS BIL! Y OF PAROLE.

Photos by Scott Langley, deathpenaltyphoto.org

THE SAFE

CALIFORNIA ACT:

@ Replaces the death penalty with life without

parole

@ Requires work and restitution into the Victim

Compensation Fund

@ Increases public safety by directing $100 million

saved from death penalty costs into a fund to

solve unsolved murders and rapes

@ Saves additional hundreds of millions from

local government, court costs, etc. that can be

redirected to vital public safety and other state

needs.

www.myaclu.org or contact Lyndsay Waggerman at (415)

621-2493.

We need signature gatherers to comb their communities

for people to sign the petition to put the "SAFE CA Act" on

the ballot. We need community captains to recruit, organize,

and train signature gatherers. Phone bankers will reach out

to fellow Californians by phone, recruiting volunteers and

educating voters from the comfort of home or local campaign

headquarters.

And SAFE California needs as many generous donors as pos-

sible who are ready to dump the death penalty in favor of real

public safety solutions.

Please visit www.myaclu.org to host a house party or www.

safecalifornia.org to learn how to donate or volunteer to end

California's death penalty in 2012! @

the

Communications Strategist.

Miriam Gerace is ACLU-NC's Senior

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LOCAL AND VOCAL:

ACLU MEMBERS URGE COUNTY LEADERS TO FOCUS ON ALTERNATIVES TO

INCARCERATION AS `REALIGNMENT' GOES INTO EFFECT

By Laura Saponara

CoS realignment process-which will shift responsibility for some low level, non-violent, non-

serious offenders from state prisons to counties-has begun. Far more is at stake than the transfer of

inmates. If properly implemented, realignment will reverse decades of over-reliance upon incarceration,

improve public safety and save taxpayers hundreds of millions of dollars each year.

AB 109 is the centerpiece of the state's plan to comply

with the recent U.S. Supreme Court mandate in Brown v.

Plata ordering the state to significantly reduce our prison

population to comply with constitutional standards.

Under the new law, county officials-including the proba-

tion chief, the sheriff, the district attorney, the public defender,

heads of mental health and substance abuse agencies and oth-

ers-are charged with deciding how to allocate their county's

share of the nearly $400 million dollars the state is providing

to help counties meet the new responsibilities.

The ACLU-NC and the ACLU affiliates in Southern Cali-

fornia and San Diego have been meeting with county leaders

around the state to reinforce the law's intent: focus on non-

incarceration alternatives that have a proven track-record of re-

ducing recidivism. For many of these officials, the new ACLU

of California report, Community Safety, Community Solutions:

Implementing AB 109 has served as the first resource they have

been able to draw on to understand the components of the law

and begin to chart the course ahead.

The ACLU-NC is recruiting ACLU members who are

interested in playing an active role in attending realignment

meetings in their counties, and reporting back on the insights

they gather about the process. Interested? Let us know by

calling Caitlin O'Neill at 415-621-2493 or emailing her at

coneil@aclunc.org.

Robert Cartelli

I realized that the financial im-

pact of the realignment law will

be felt by the counties. I received

an email invite to a webinar on

the topic from the ACLU, and

it seemed like an opportunity to

make a difference by advocating

for reducing incarceration and

adopting approaches that are

ACLU activist Robert more humane.

Cartelli serves as chair

of the board of the Santa

Clara Valley Chapter.

I've been following the news

about the Supreme Court ruling

saying that overcrowding has cre-

ated prison conditions that are

unhealthy and cruel. In California we use incarceration too

widely, for a scope of offenses that is too broad. We should

not lock people up for minor offenses. In too many cases, it

turns minor offenders into career criminals. The stigma of

prison is nearly impossible to shake.

Recidivism is a problem that isn't easy to solve. But there is ev-

idence that alternatives to incarceration-including community

service, fines, and drug treatment-make for better solutions.

Gary Gershon:

My impression is that local

leaders of realignment planning

have been thoughtful and see

this as a potentially progressive

effort to do things better in the

criminal justice system.

The County started early and

brought together major decision-

makers. My sense is that the Chief

Probation Officer, Patty Mazzilli,

must have provided very skilled

Attorney Gary Gershon has

specialized in legal services

for the poor and civil rights. leadership to bring so many

He ran a statewide program people with power and authority

representing farmworkers in together in consensus given indi-

Michigan for 16 years. vidual opinions, motivations and

demands. I believe she believes in

the avoidance of incarceration and utilizing other alternatives.

`The initial draft plan devotes significant resources to the

jail, which is disappointing. There are many other elements

which, if fully implemented, could well be major improve-

ments in the local criminal justice system.

"WE ARE TROUBLED BY TRE EXPANSION OF

JAIL SPACE. |) CREATES A MOTIVE 10 USE

INCARCERATION FIRST, INSTEAD OF USING

ALTERNATIVES -

GARY GERSHON, 5 QUOTED IN AUGUST IN

PHE RECORD, THE DAILY NEWSPAPER SERVING

SAN JOAQUIN AND CALAVIRAS COUNTIES

"SACRAMENTO NEEDS 10 SEIZE THIS

UPPORTUNI TY [0 DEVELOP COS7-EPFECTIVE

ALTERNATIVES TO INCARCERATION TRAT HAVE

BEEN DEMONSTR 7ED 10 HELP PEOPLE GET

BACK ON TRACK AND STAY OUT OF THE SYSTEM"

~SrbILA BOLI Z IN LETTER 10 (HE EDITOR

PRINTED IN [HE SACRAMENTO BEE IN AUGUST

Sheila Boltz

I began attending Sacramento

Countys Community Correc-

tions Partnership meetings in

August and have attended four

meetings so far. At my first meet-

ing, the county sheriff presented

a proposal to use $6 million in

realignment funds to increase

jail capacity by over 200 beds.

Sacramento resident

During prior meetings, he had

Sheila Boltzisacareer expressed concern that there was

mental health professional :

not enough realignment money

who has created,

to cover drug/alcohol, mental

overseen and evaluated

ae health, education or training

rehabilitation programs

services for year one!

I spoke

for individuals with mental

illness, including people

against that proposal and I also

Wao are OF havelbeon wrote a letter to the editor.

incarcerated. Mote recently, I have received

reassurance that the focus is not

solely on punishment; rehabilitation is also top priority. There

is support for proposals to provide a broad range of rehabilita-

tion services to inmates placed in community settings with

supervision.

After a recent conference they attended, many of the CCP

decision makers expressed enthusiasm for these programs and

the data behind them.

What we have now is an unjust system that treats rich and poor

differently. I am holding on to hope that the reforms that we can

achieve through realignment will bring positive changes. @

fo

WITH ONLY 5% GE THE WORED S PORUEATION, [HE UsSShAS 25% OP THE WORLD'S PRISON POPULATION:

From 1984-1994, California

constructed 19 prisons and

only one state university.

During those same 10 years,

the CA Department of Corrections

added 25,864 employees, while

there was a workforce reduction in

higher education of 8,082 employees.'

Ee Corrections

160,000 people are in California prisons.0x00B0

Cy Pew Center on the States. 2. Center on Juvenile and Criminal Justice 3. Rethinking the State-Local Relationship: Corrections, a report by the Public Policy Institute of California, August 2011. 4. Sacramento County Sheriff's Department and Criminal Justice Research ee

~

In Sacramento, 62% of the people

in jail have not been convicted

or sentenced for a crime.

63% are in jail because

they cannot post bail.*

Stopping the Circumcision Ban

In an amicus curiae brief earlier in July, the ACLU-NC

urged the San Francisco Superior Court to order the city's

Director of Elections to remove a proposal to ban circum-

cision from City's November ballot, arguing that the mea-

sure threatened to deprive San Franciscans of fundamental

constitutional rights, including religious liberty. The or-

ganization also argued that the proposed ban was clearly

invalid because California law explicitly prevents localities

from criminalizing recognized medical procedures that of-

fer clear health benefits.

The ACLU-NC applauded the Court's ruling later that

month invalidating the proposed ban on the grounds that

the measure was clearly pre-empted by existing state law.

"The Court's ruling protects the rights of parents to di-

rect their children's religious upbringing and medical care,

and ensures that San Francisco voters will not have to vote

on a ballot measure that clearly conflicts with California

law," said attorney Ethan Schulman, member of the AC-

LU-NC's legal committee and a partner at the firm Crowell

Moring.

"The measure was no more valid than a local initiative

to make contraception a crime," said ACLU-NC staff at-

torney Margaret Crosby.

The ACLU of California supported a bill, just signed by

Governor Brown,to codify the Court's ruling and prevent

local governments from banning male circumcision as

a result of similar campaigns by groups hostile to the

practice. The bill, AB 768, was sponsored by Assembly-

members Mike Gatto and Fiona Ma.

Protecting Free Speech in the Actual

Virtual Town Square

A few years ago, the City of Pleasanton joined the growing

ranks of municipalities that have established a free public

wi-fi network in its downtown area. But when the city set

up its network, it required users to agree not to access any

sites "promoting or involving gambling, sexually explicit

material, or illegal activity." The restriction meant,

for example, that websites discussing civil disobe-

dience, medical marijuana, and casinos on Indian

reservations would all be off limits.

In a letter to the City, the ACLU-NC explained

that the effort to cordon off certain areas of the in-

ternet-based on topics that City officials regarded

as inappropriate-undermined the City's goal of

providing the public with greater access to ideas.

In addition to being bad policy, the restriction

was plainly unconstitutional. The First Amend-

ment protects our right to speak and to receive

ideas. The government does not get to choose

what topics we discuss or read about.

After the ACLU of Northern California con-

tacted the City, Pleasanton immediately removed

the restriction. Now Pleasanton has joined Port-

land and other cities that have recognized that free

speech must flow on both our actual, and virtual,

town squares.

Going to the Mat for Women

Athletes

According to the university's website, "UC Davis

and its Department of Intercollegiate Athletics

are committed to gender equity and adherence to

federal Title IX requirements." But it did not seem

that way to Arezou Mansourian and many of her

female teammates on the school's wrestling team.

In July, a federal court agreed with the women

that the university failed to follow the requirements of

Title IX, the federal law passed in 1972 to eliminate sex

discrimination at institutions that receive federal funding.

Mansourian, Lauren Mancuso, Nancy Chiang and

Christine Ng chose to attend the University of California,

Davis (UCD) because the school offered women's wres-

tling. Shortly after they arrived on campus as members

of the coed wrestling team, the women were notified that

they were no longer allowed to be on the team. This not

only included being ineligible to participate in matches,

but also barred them from services that accompany team

membership, like medical and athletic training services,

laundry services, academic tutoring, insurance and access

to the weight room. Their male counterparts reaped all of

these benefits.

Like any good wrestlers, the women fought back and

sued the Regents of the University of California for sex

discrimination and violating Title IX. The ACLU filed

an amicus brief highlighting the problems with UC Da-

vis policies surrounding women's sports. We noted that

women's wrestling has grown tremendously in the past 15

years and women should be encouraged to participate in

such activities. At UCD there are proportionally more ath-

(LY 40 YEARS AFTER

TITLE IK WAS ENACTED, [HE

LOUR] REAFFIRMED SCROULS

OBLIGATIONS 70 COMPLY WITH

ITS MANDATE FOR GENDER

EQUALITY IN ATHLETICS.

-ELIZA BEENEY, ACLU

WOMEN'S RIGHTS PROJECT

counsel Whitney Stark from the Sturdevant Law Firm.

letic opportunities for men than for women, contradicting

the provisions of Title IX. Nearly 40 years after Title IX

was enacted, the court reaffirmed schools' obligations to

comply with its mandate for gender equality in athletics.

Noreen Farrell, Managing Attorney at Equal Rights

Advocates and trial counsel on the case, lauded the AC-

LU's role as amici in the case: "Equal Rights Advocates

feels so fortunate to have had the contributions of the

ACLU in this Title IX case and in so many others. With

the ACLU's assistance, we were able to make great law at

the Ninth Circuit and district court levels. Together, we

are making a difference to ensure equity in schools across

the country."

Challenging Shackling of Non-Violent

Detainees

In August, the ACLU-NC, the Lawyers' Committee for

Civil Rights of the San Francisco Bay Area (Lawyers' Com-

mittee), and Wilson Sonsini Goodrich and Rosati (WSGR)

filed a class action suit against the Department of Home-

land Security (DHS) and the U.S. Immigrations and

Customs Enforcement Agency (ICE) on behalf of adult

immigration detainees, all of whom appear in immigration

court shackled at the wrists, waist, and ankles, regardless of

their history or capacity for disruption.

All adult detainees are shackled for the duration of im-

migration court proceedings in San Francisco. There are

no existing legal channels to challenge application of the

practice based on individual risk level, potential for flight

or medical care needs. People are held in immigration |

detention for a variety of reasons, including because they

could not raise the money to post bond, ICE or court ofh-

cials believe they pose a flight risk or other possible danger,

detention is mandatory under federal immigration law, or

they are not eligible for bond because they have committed

a crime of "moral turpitude," such as passing a bad check.

"Freedom from physical restraint during court pro-

ceedings has been recognized since the eighteenth

century as a fundamental right. You don't have to be a

scholar to know that shackling a woman in belly

chains and leg irons for passing a bad check is

unnecessary and inhumane," said Julia Harumi

Mass, Staff Attorney for the ACLU-NC.

All adult detainees are shackled for the dura-

tion of immigration court proceedings in San

Francisco. There are no existing legal channels

to challenge application of the practice based

on individual risk level, potential for flight or

medical care needs. People are held in immigra-

tion detention for a variety of reasons, including

because they could not raise the money to post

bond, ICE or court officials believe they pose a

flight risk or other possible danger, detention is

mandatory under federal immigration law, or

they are not eligible for bond because they have

committed a crime of "moral turpitude," such as

passing a bad check.

The lawsuit was filed in U.S. District Court

in San Francisco. The suit calls for replacement

of ICE's blanket policy on shackling detainees

in San Francisco immigration court with a sys-

tem that would protect due process rights while

maintaining ICE's ability to use restraints as

needed for individuals who pose a true security

threat. @

Counsel Noreen Farrell of Equal Rights Advocates, with wrestlers

Lauren Mancuso, Christine Ng, and Arezou Mansourian, and

SCHOOL DISTRICT WAS WRONG ON DRUG TESTING

By John Dalton

In September 2011, the ACLU-NC reached a settlement with the Shasta Union High School District after three years of litigation over its illegal policy of random drug testing of

students who participate in a number of school activities. Here, one of the ACLU-NC' plaintiffs, whose daughter was subjected to the drug testing, offers his perspective.

he Shasta Union High School District refuses to admit that it was wrong to require that students who

participate in a number of school activities take a drug test. The district has now dropped its policy of

random, suspicion-less drug testing for students in competitive activities like marching band, math club,

and mock trial, after three years of litigation with the American Civil Liberties Union. But if the district

cant see the error of its ways, how we can be sure it has learned a lesson about following the law?

This is personal for my family. My daughter Brittany re-

fused to submit to a drug test. We both felt that forcing her

to urinate in a cup while a stranger listens from the other side

of the stall is a complete violation of her privacy. We offered

to have her tested privately at an off-site facility. The district

wouldn't accept that.

Brittany was a dedicated musician throughout high school,

but because she wouldn't take the drug test at school, the dis-

trict tried to stop her from playing with her flute ensemble at

a prestigious statewide competition.

Just days before the competition, a judge ruled that the

district's policy was wrong, in large part because there was

absolutely no evidence to support the district's claims that sus-

picionless drug testing does anything to reduce student drug

use. Brittany was allowed to play in the competition and the

ensemble won the gold medal.

That wasn't good enough for the district, and it appealed

that ruling. A second judge, who is now the Chief Justice of

the California Supreme Court, also said the district's policy

broke the law. That seems like a pretty trustworthy opinion.

The two other appeals court judges who heard the case agreed.

Throughout the lawsuit, the district was not even able to

convince a single judge in two courts that the policy would be

effective at preventing drug use.

John Dalton with his daughter Brittany, who refused an

intrusive drug test required to join the high school band.

I'm a parent, so I understand concerns about drug use, and

making sure that our kids are safe and healthy. I also believe

it's important, for schools especially, to set an example about

ways to solve complex problems. What kind of example does it

set when a school district breaks the law, and then won't admit

that it has done wrong? What's more, shouldn't school district

resources-our taxpayer dollars-be spent addressing drug use

with things that work?

It's time the school district admit that, although intentions

may have been in the right place, it was wrong to make stu-

dents like my daughter take a drug test just so they could play

in the marching band.

John Dalton, along with his daughter Brittany, was

a plaintiff in the ACLU lawsuit against the Shasta

Union High School District. He lives in Redding.

This commentary appeared in the opinion section of

the Redding Record Searchlight in September.

RAPP: A GENEROUS SPIRIT, A PASSION FOR JUSTICE ~

Linda earned a law degree from Harvard, then moved

to San Francisco. She discovered that the everyday prac-

tice of law did not engage her, so she volunteered at the

San Francisco Zoo. After participating in a major fun-

draising drive, she was offered a development job there

and seized the opportunity to change careers.

In 2002, Linda began working with Compass Family

Services, a San Francisco-based agency serving families

at risk of homelessness. The dot com crisis was in full

swing and competition for public and private funding

was fierce. Many social service non-profits were giving

up. Juan Ochoa, interim director of a Compass' Con-

necting Point program (CCP), decided to dig in his

heels instead and saw Linda as the perfect resource.

Linda set out to determine the best way to tell the

story of these families and the difference direct support

can make. She and Juan shared a degree of focus and

attention to detail he terms "a little obsessive and also

inspirational."

That year CCP received the highest score among all

San Francisco agencies in its application to the federal

Housing and Urban Development (HUD) agency, up

from 27th place the year before. The next year, the program

received one of only 20 contracts in the nation for a pilot

rapid re-housing program.

Juan remembers, "Linda was able to put her heart into it

in ways that were creative. She was into research and experi-

menting-and impact."

One day it occurred to Juan and Linda that they both

desperately needed a vacation. He suggested that they take

CONTINUED BOM Pacis |

a trip together. A few quick clicks on a site offering tours

to Thailand, and off they went. Two of the hardest working

people in the business of social justice discovered that they

were ideal travel partners. Trips to Egypt, Turkey, China and

New York followed.

In between these adventures, they focused on changing

the lives of homeless families in the Tenderloin.

Doug Rapp explains that Linda became more and more

committed to social justice as she got older, and more political.

Speaking of her passion for reproductive rights, he re-

calls, "The notion that a bunch of righteous men were

making decisions for her and other women offended

her completely." She also became committed to end-

ing the death penalty, supporting the rights of LGBT

people, and ensuring justice in the legal system.

Throughout her life, Linda was frugal, and prone

to give any extra income to an array of causes ranging

from political asylum seekers to animal welfare-

from elephants to stray cats-to the ACLU. But a

transformation took hold in her last years that al-

lowed her to spend money on renewing herself. The

trips with Juan were part of this shift.

A few weeks before her death, Linda hosted an open

house at her one-bedroom condo and invited friends

and family, including two nieces she cherished. With

help from Juan, the white walls were newly painted

in rich colors-green, rust, maroon. New fixtures

and lamps complemented shiny hardwood floors. An

old TV had been replaced with two new TVs so that

Linda could watch her cooking shows in the bedroom

and living room.

Friends and family have noted that these last years of

Linda's life were the happiest. She opened to travel and new

experiences, enjoyed meaningful and challenging work that

made a difference in the world, and laughed a lot.

Linda's generosity of spirit and her humor and intellect are

greatly missed. The third floor conference room of the ACLU-

NC's Drumm Street headquarters office has been named the

Linda Rapp Social Justice Room in her honor. @