vol. 76, no. 1
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AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA
ae, at oe
rae ae
2 Board election results By Rebecca Farmer
n the heels of Arab Spring came what some have dubbed
3 PeOrecting tne flants on American Fall-the Occupy movement that spread
g g py p
; from Wall Street to cities and towns across the country. Oc-
ee - cupy quickly became the largest expression of free speech in a
generation. But police crackdowns on demonstrators followed
3 Privacy rights | just as quickly.
In Oakland, police fired tear gas, flash bang grenades, and
4 Voti ng rig hts | lead pellet-filled bags at huge crowds of demonstrators. At
| UC Berkeley, campus police hit student and faculty protesters
with batons and threw people to the ground by their hair. And
5 California at a Crossroads: at UC Davis, police doused seated student protestors in the
Will we solve the Incarceration face with military-grade pepper spray.
9 Excessive police force against protesters is never accept-
Crisis. ; ; :
able. That's true even if peaceful protestors are engaged in
civil disobedience and refuse to comply with a police order
The ACLU-NC campus network to disperse.
The ACLU of Northern California has filed suit against
Ask the Ex pe rts: Re pro ductive " the Oakland Police Department and administrators and in- E
: dividual officers at UC Davis, and has uncovered disturbing +
JUSINES information about the UC Berkeley administration's role in e
giving the green light for police force against students. A protester celebrates the First Amendment at an
CONTINUED ON PAGE 6 Occupy demonstration at UC Berkeley.
io. 4424
San Francisco, CA
JOIN SAFE CALIFORNIA
: PROTECT THE INNOCENT
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REPLACE the death penalty with life tn
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Support the campaign today!
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American Civil Liberties Union Foundation
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THE PUBLICATION OF THE
AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA
BILL OF RIGHTS DAY: CELEBRATING OUR
PARTNERSHIPS ACROSS NORTHERN CALIFORNIA
n December 11, the ACLU of Northern
California celebrated Bill of Rights Day,
and honored Jose R. Padilla, executive director
of California Rural Legal Assistance, with the
Chief Justice Earl Warren Civi Liberties Award,
for his tireless work providing legal services to
rural communities throughout California.
Also honored were members of the Friedman
family, including Howard A. Friedman
[posthumously], Phyllis Friedman, Robert
Friedman and Kristina Kiehl, Ellie Friedman
and Jonathan Cohen, and David Friedman and
Paulette Meyer. The family was presented with
the Lola Hanzel Courageous Advocacy Award.
The Greater Fresno Chapter was honored with
the Dick Criley Activism Award.
Stephanie Jaeger Photography
Jose R. Padilla, executive director of California Rural Legal
Assistance, was honored with the ACLU-NC's Chief Justice
Earl Warren Civi Liberties Award.
Gigi Pandian
WELCOME
ocelyn Wong joined the ACLU-NC in 2011
as Director of Foundation Support. She works
with staff to engage foundation funders and secure
new grants. She has worked for organizations
throughout California, as a program manager and
grant writer. While studying political science and
LGBTI Studies at UC Riverside, Wong served
on the boards of the University of California
Student Association and United States Student
Association.
In her spare
time, she vol-
unteers for
Queer Con-
trol Records,
a nonprofit
LGBT record
label that she
and her wife
founded in
2007.
yers Guild along with attorney Bobbie
tireless work for social justice. Over 00 members
: su porters
and friends
celebrated
Schloccer
_ Bob Hsiang Photography
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 CHAIR
Abdi Soltani EXECUTIVE DIRECTOR
Laura Saponara EDITOR
Gigi Pandian ASSOCIATE EDITOR
DESIGNER
(c) @GCC/IBTE=) sco-m
ee
39 Drumm Street, San Francisco, CA 94111
(415) 621-2493
BOARD ELECTION RESULTS
Congratulations to ACLU-NC's new Board members,
Officers and Executive Committee members!
Election Results: Board of Directors
The membership of the ACLU-NC has elected the fol-
lowing people to serve on the Board of Directors for the
2012 term [an asterisk (*) denotes an incumbent]: *Alicia
Fernandez, *Allen Hammond, *Dennis McNally, *Magan
Ray, *Stephen Rosenbaum, Arsenio Mataka, David Berger,
Angela Clements, Zona Sage, Lisa Honig. We also thank
our outgoing at-large Board members Nancy Pemberton,
Dick Grosboll, Jim Blume, Jahan Sagafi and Elizabeth
Zitrin for their valuable contributions to our work and
mission.
New Officers and Executive Committee Members
The ACLU-NC Board of Directors elected Dennis
McNally as Development Committee Chair and Ajay
Krishnan as Legal Committee Chair. The Board has also
re-elected Farah Brelvi as Legislative Policy Committee
Chair, Ken Sugarman as Finance Committee Chair (Sec-
retary/ Treasurer), Allen Asch as Field Activists' Committee
Chair, Cherri Allison as National Board Representative,
and Simran Kaur as Affirmative Action Officer. The 2012
Executive Committee will also include the following "at-
large" members: Susan Mizner, Beverly Tucker, Marlene
DeLance (member emerita) and Frances Strauss (member
emerita); as well as Marin County Chapter representative
George Pegelow and Monterey Chapter representative El-
liot Ruchowitz-Roberts.
THE ACLU-NC PROTECTS IMMIGRANTS:
RIGHTS IN SONOMA COUNTY-AND BEYOND
By Miriam Gerace
heriffs have the power to make effective choices without
turning local officers into federal agents or violating the
civil liberties of California residents. In 2011, the Sheriff of
Sonoma County, the County of Sonoma, and the U.S. Bureau
of Immigration, Customs and Enforcement (ICE) announced
just that-thanks to an innovative settlement in a case brought
by the ACLU-NC with pro bono assistance from Latham and
Watkins LLP.
"The settlement will increase public safety and reduce inef-
fective tactics for policing communities with a high density
of new immigrants, a top priority for the ACLU of Northern
California," said Julia Harumi Mass, lead attorney in the suit
and staff attorney at the ACLU-NC.
Under the county agreement-brokered on behalf of
local activists, the Committee for Immigrant Rights of So-
noma County and two individuals-the Sonoma County
sheriff's office will no longer participate in joint field op-
erations with the federal agency ICE unless ICE refrains
from arresting or taking custody of persons solely based on
a suspicion that they are unlawfully present in the country.
The sheriff also agreed not to volunteer information to ICE
DONORS RUTH AND
JERRY VUREK HONORA
LIFELONG ACLU MEMBER
(c)) residents Ruth and Jerry Vurek have gen-
erously supported the ACLU for many years
through their philanthropy and volunteerism.
Last year, they gave a special contribution of $50,000
in honor of Jerry's mother Helen Vurek, who was her-
self a lifelong ACLU member, steadfast supporter, and
loyal participant in our annual Benefactors Dinner. An
ardent advocate for civil liberties, Helen was particu-
larly passionate about protecting reproductive freedom.
By making this memorial gift, Ruth and Jerry have
ensured that Helen's legacy of support will continue,
and allowed us all to celebrate her vision of fairness and
justice for all.
Gifts of all sizes can be designated in honor or
memory of someone special and provide much-needed
resources for the ACLU. Please contact Jackie Adams at
415-621-2493 x 431 or jadams@aclunc.org for more
information.
about people who are in the county's custody due solely to
traffic infractions or driving without a license and to consider
accepting identification from consular offices. Such cards are
now accepted by many Sonoma County law enforcement
agencies, a practice that helps minimize arrests based on lack
of state-issued ID.
Local peace officers and ICE agents continue to have the
ability to detain or arrest individuals who are suspected of
criminal activity or who are thought to pose an imminent
threat to public safety.
In August, 2010, after the Sonoma lawsuit was filed, ICE
issued a national policy clarifying that its agents could only
issue immigration detainers for persons already in state or local
custody on independent, criminal grounds.
In December, 2011, in the federal settlement, ICE agreed to
train all agents authorized to issue immigration detainers from
the San Francisco field office (which serves Sonoma County)
on this aspect of federal detainer policy.
This shift signals a significant intent to curb the practices
challenged in the case-and reflects the long reach of the
ACLU-NC's excellent policy and legal team.
GUILTY UNTIL PROVEN
INNOCENT? OPPOSING
WARRANTLESS
COLLECTION OF DNA
he ACLU-NC filed a lawsuit in federal court in
2009 seeking to stop California's policy of man-
dating that DNA is collected from anyone arrested for
a felony, whether or not they are ever charged or con-
victed. Ihe ACLU-NC and co-counsel Paul, Hastings,
Janofsky and Walker have long argued that the policy, a
result of Proposition 69 (2004), violates constitutional
guarantees of privacy and freedom from unreasonable
search and seizure, and has a harmful impact on com-
munities of color. Under this law, tens of thousands of
innocent Californians will be subject to a lifetime of
genetic surveillance because a single police officer sus-
pected them of a crime.
In February, a three-judge panel of the Ninth Circuit
Court of Appeals disagreed, in a 2-1 split decision, rul-
ing that the collection of DNA samples, which some-
times involves a cheek swab or a blood sample, is much
like taking a fingerprint.
From the ACLU-NC perspective, the majority
opinion allows the government to treat people who
have only been arrested and are presumed innocent as
if they have been found guilty at trial. The dissenting
judge, however, rightfully noted that taking a person's
DNA is not like taking fingerprints because DNA
reveals much more information than does a mere
fingerprint, and also that the majority allowed taking
DNA for reasons that would not even justify taking a
fingerprint.
`The ACLU-NC has asked the entire Ninth Cir-
cuit to order that the case be reheard en banc by an
11-judge panel of the Court. The Court has already
taken the unusual step of ordering the government to
respond to the ACLU's request.
The lawsuit was filed in 2008. Plaintiffs claimed that for
three years, sheriffs deputies and agents from the U.S. Bureau
of Immigration and Customs Enforcement (ICE) stopped and
searched people who appeared to be Latino, interrogated them
about their immigration status, and detained them in the
county jail on behalf of federal agents. The holds were made
at local expense and were based on detainers that ICE had
issued solely to hold persons who did not have any criminal
charges but were suspected of civil immigration violations.
The Sheriffs Department and ICE were also charged with
failure to notify targeted individuals of their rights under the
law or about the charges against them, among other charges of
violations of due process.
"Counties play a real and important role in protecting all
residents from crime," added Mass. "But they have a better
shot at finding actual criminals when they remove the focus
from people who are not a threat to anyone. The real victory
this settlement brings is an opportunity to rebuild trust." @
Miriam Gerace is Senior Communications Strategist
at the ACLU of Northern California.
ACLU TO SCHOOLS:
SEARCHES OF STUDENTS'
CELL PHONES THREATEN
THEIR PRIVACY RIGHTS
s cell phones become more and more indispens-
ble to young people, confiscation and searches
of students' phones by school authorities have become
widespread. Because such searches provide a window
into every aspect of a students' private life, they violate
the laws that protect students' privacy rights.
A new report, HELLO: Students have a right to pri-
vacy in their cell phones, summarizes the results of the
ACLU's examination of search and seizure policies in
nearly 200 California school districts, reviews the cur-
rent legal limits for searching students' belongings, and
lays out the components of an ideal model policy.
A copy of the report can be downloaded at: www.
aclunc. orglissues/youth.
SACRAMENTO REPORT
By the Sacramento Legislative Office
n the Chinese Lunar Calendar, the Year of the Dragon is one
ee should bring great risks and rewards. We are optimistic.
Governor Brown has taken the prophecy of risk to heart by
proposing massive changes to the state's education funding sys-
tem. In brighter news, the ACLU of California is sponsoring
two bills that would strengthen our public education system.
But first, the budget. The Governor's education budget
proposal involves eliminating state funding for a number of
programs and for the enforcement of some important laws.
Current law provides school districts with reimburse-
ments for costs associated with notifying parents when their
children are absent from school. `This is essential so parents
can help their children understand the importance of school
and because parents may be charged with a misdemeanor if
their children do not attend school. Sadly, the Governor
proposes to eliminate parent notifications of student tru-
ancy. The ACLU believes that parents should receive these
notices and school districts should have adequate funds to
provide them.
The Governor has also proposed eliminating funding
for financial and compliance audits. Most significantly for
us, these audits help ensure the protections enacted in the
Williams v. California settlement legislation are effective, and
that students receive sufficient textbooks, for example.
The ACLU of California is taking a strong stand in opposi-
tion to these budget cuts.
AB 1729 ENCOURAGES
SCHOOLS 1D AKE A
PROACTIVE APPROACH
TO PREVENTING
BULLYING...EMPLOYING
ALTERNATIVES TO
SUSPENSION AND
EAPULS ON UNLESS
THERE IS A | HREAT OF
PHYSICAL VIOLENCE.
We are also proposing two important bills in the State
Assembly. Assembly Bill 1575, authored by Ricardo Lara, will
put procedures in place to end the charging of student fees for
basic activities and materials including textbooks, workbooks
and assigned novels.
`This legislation stems from an investigation by the ACLU
of Southern California, which led to an ACLU lawsuit on
behalf of students alleging that the fees violate the California
Constitution's free public education guarantee and discrimi-
nate against lower-income students by creating a "pay to learn"
system that threatens the integrity of our state's public educa-
tion system.
All students must feel-and be-safe at school. AB 1729,
authored by Tom Ammiano, encourages schools to take a
proactive approach to preventing bullying by assessing and ad-
dressing the root causes of problem behavior on a case-by-case
basis, and employing alternatives to suspension and expulsion
unless there is a threat of physical violence.
This bill stems from the ACLU's research over the past ten
years about the most effective ways to create safer learning en-
vironments for vulnerable youth. @
CALIFORNIANS SENTENCED UNDER
REALIGNMENT HAVE THE RIGHT TO VOTE,
ARGUE CIVIL RIGHTS ADVOCATES
By Laura Saponara
epresented by the ACLU of Northern California and
Roe counsel, three organizations concerned with vot-
ing rights filed a lawsuit in March in the First District Court
of Appeal to clarify that people who have been sentenced
for low-level, non-violent offenses under the state's historic
realignment law are entitled to vote in the 2012 elections and
beyond. The suit asks the Court to clarify the voting rights
of more than 85,000 Californians in time to allow them to
register before the Oct. 22 deadline.
"Being deprived of the right to vote is civil death," said
Joe Paul, who coordinates a re-entry program that focuses on
workforce development and life skills in conjunction with the
Los Angeles County Sheriff and the Department of Correc-
tions. "For democracy to work, especially in the inner city,
everybody needs to be a part of the franchise."
`The petitioners in the case are All of Us or None, Legal Ser-
vices for Prisoners with Children, and the League of Women
Voters of California, as well as a woman confined in San
Francisco jail for a narcotics conviction who wishes to vote.
Secretary of State Debra Bowen and San Francisco Director of
Elections John Arntz are named as respondents.
At the center of the lawsuit is a 2006 ruling in the ACLU-
NC's case League of Women Voters vs. McPherson in which
the same court clarified that people who are confined in
county jail as a condition of felony probation are entitled to
vote under California law. The ruling in the McPherson case
states that a person may not be deprived of the right to vote
unless they are "in state prison" or "on parole."
In December, Secretary Bowen issued a memorandum
to all county clerks and registrars stating that none of the
individuals sentenced under realignment are eligible to
vote.
CALIFORNIA'S COURTS
HAVE A PROUD TRADITION
UP PROTEC NG OUR
FUNDAMENTAL RIGHT TO VOTE.
Co-counsel in the case include the Social Justice Law Proj-
ect, Lawyers' Committee for Civil Rights of the San Fran-
cisco Bay Area, A New Way of Life Reentry Project, Legal
Services for Prisoners with Children, and the Law Office of
Robert Rubin.
"California's courts have a proud tradition of protect-
ing our fundamental right to vote. Here, this is particularly
important because disenfranchisement has such a dispropor-
tionate impact on people of color," said Jory Steele, managing
attorney of the ACLU of Northern California.
The people who will now be in their communities fol-
lowing implementation of realignment are men and women
whose offenses are neither violent nor serious. They include,
for example, people who have forged a train ticket, possessed
morphine, received stolen metal from a junk dealer, or coun-
terfeited a driver's license.
"I feel fundamentally that laws are weighted heavily in
favor of those who already have power," explained Willy
Tate of San Leandro, a volunteer organizer with All of
Us or None. "As a formerly incarcerated person, it's very
dear to me that everyone who has been locked down has
the chance to help put in place policies that can have a
positive impact on the lives of people who are vulnerable
to incarceration." @
Laura Saponara is Communications Director at the
ACLU of Northern California.
HOT OFF THE PRESS:
CALIFORNIA AT A CROSSROADS: WILL WE
SOLVE THE INCARCERATION CRISIS?
By Margaret Dooley-Sammuli, Allen Hopper and Clarissa Woo
ast year in Brown v, Plata, the United States Supreme
Court ruled that California must stop imprisoning so
many people and take steps to reduce the state's prison popula-
tion by 33,000. California's historic realignment process, now
underway, is intended
_to help the state reverse
ecades of over-reliance
pon incarceration. The
ealignment law encour-
ges decision-makers at
he county level to use
vidence-based practices
o stop the revolving
oor of incarceration
y stemming the rate at
which people who are
entenced to prison and
_ jail are released and then
return.
`The decisions counties are making right now about how to
implement realignment will have dramatic and long-lasting
impacts on public safety and on local taxpayers. Will counties
focus on expanding incarceration at the expense of good pub-
lic safety policy? Or will they tackle complex criminal justice
challenges by implementing policies and practices based upon
evidence rather than upon the politics of fear?
In a new 112-page report, the ACLU of California takes a
hard look at the reality of jail overcrowding and how to fix it,
explains how the state's money-based bail system discriminates
against the poor while failing to protect community safety, and
surveys alternatives to incarceration that are proven to be more
effective than jail at preventing crime and limiting future vic-
tims. It is the first major analysis of realignment since it took
ettect October 1, 2011,
Central to the ACLU of California's analysis is this stunning
fact: most people in county jails have not been convicted of a
crime. More than 50,000 of the 71,000 Californians held in
county jail on any given day are awaiting their day in court,
most of them incarcerated without trial simply because they
cannot afford bail. The report describes policies and practices
that counties can adopt to ensure that people who pose a real
risk to public safety are held behind bars-not those who are
simply too poor to afford bail.
The ACLU's realignment research team conducted an
in-depth analysis of how local leaders in the 25 counties
that received the most realignment (AB 109) funding have
decided to invest these dollars-nearly $400 million, slated
to grow to more than $1 billion annually in the next fiscal
year.
The bad news is that at least 32 of California's 58 coun-
ties have plans to expand jail capacity using state realignment
funds or other tax dollars.
The good news is that a range of less expensive and more
effective alternatives to incarceration exist, including:
@ Allowing all defendants awaiting trial who pose little or
no threat to public safety to be released on their own
recognizance (OR).
m Expanding drug treatment and mental health counsel-
ing services for individuals with addiction problems.
California at a Crossroads
ph
: Th
pp
In addition to the
human cost, there is a
high financial cost of
pretrial incarceration.
$100 per day
_to keep someone
in jail awaiting trial.
California's prison system
has become a revolving door.
Evidence-based alternatives
to incarceration will reduce
It's time to fix California's broken criminal justice system
ame
phn
He ip nt
recidivism rates.
$2.50 per day |
to monitor people with
pretrial programs.
1, The Pew Center on the States, State of Recidivism: The Revolving Door of America's Prisons (Apr. 2011), 0. 26. 2. Corrections Standards
Authority, Jail Profile Survey Third Quarter Results (201 1). 3. Justice Policy Institute, Baltimore Behind Bars (2010), p. 30
m Employing alternative sentencing-such as home de- For a copy of the report, visit: www.aclunc.org/realignment.
tention with or without electronic monitoring-where
appropriate.
The ACLU has become one of the state's strongest advocates
for seizing the new opportunities presented by realignment to
transform the way we address crime, public safety, punishment
and rehabilitation.
Public Safety Realignment: California at a Crossroads is
intended primarily for policy advocates and stakeholders in-
cluding county officials, state legislators, and members of law
enforcement, particularly sheriffs, probation chiefs, district
attorneys and public defenders. @
The authors are part of the ACLU of California's Criminal
Justice and Drug Policy Project. Margaret Dooley-
Sammuli is senior policy advocate with the ACLU of San
Diego and Imperial Counties; Allen Hopper is the director
of the project at the ACLU of Northern California; and
Clarissa Woo is director of policy advocacy at the ACLU
of Southern California.
OCCUPY THE FIRST AMENDMENT
CONTINUED FROM PAGE 1
"Don't Shoot Students"
On November 18, Fatima Sbeih, a senior majoring in
international studies, was riding her bike on the UC
Davis campus following afternoon prayer. She came
across a large crowd of demonstrators, flanked by
police in riot gear armed with shotguns. She joined
the demonstrators, sitting down on the Quad to show
that she was non-violent. Seated near her was David
Buscho, a mechanical engineering student. It was the
first time that David had decided to participate in a
political demonstration.
Fatima and others chanted, "Don't shoot students!"
while remaining seated on the Quad. Suddenly on-
lookers began shouting, "Cover your faces!" Lt. John
Pike unleashed pepper spray on Fatima, David and
many other seated protesters while other officers stood
calmly by. All of this was captured on video and shared
widely on the Internet.
David was in searing pain after being sprayed di-
rectly in the face. As the pepper spray entered his lungs,
it became harder for him to breathe.
Sarena Grossjan, a photographer majoring in Native
American Studies and art, was also pepper-sprayed. She
was in pain and some of the effects lasted for weeks.
Sarena decided to join the demonstration because
additional tuition and fee hikes will likely mean that
she will have to drop out of school. She is taking five
courses this semester, and sleeps on friends' couches
because she cannot afford rent.
Another student plaintiff who was pepper-sprayed
said that she opened her eyes to see what was going
on-just in time to see a line of pepper-spray coming
directly into her eye.
The ACLU of Northern California and cooperat-
_ ing attorneys are representing Fatima, David and
Sarena, along with 14 other students and two alumni,
in a lawsuit against UC Davis and individual police
officers. That lawsuit seeks to determine why the uni-
versity violated the demonstrators' state and federal
constitutional rights and seeks better policies that
will prevent similar abuses of power in the future.
The lawsuit also charges that university officials and
the campus police department failed to properly train
and supervise officers.
As student plaintiff Elizabeth Lara told TV report-
ers, "I want the university to be a place where activism
is encouraged, not just tolerated."
Suing to Stop Oakland Police
Violence Against Protesters
Oakland became an epicenter of the Occupy move-
ment after police reacted violently to a demonstration
on October 25. That night police indiscriminately
shot flash bang grenades, projectiles and excessive
amounts of tear gas into crowds of peaceful protesters.
In so doing, police officers violated the First Amend-
ment by interfering with the right to demonstrate.
And the officers violated the Fourth Amendment by
subjecting protesters who posed no safety concerns to
excessive force.
That police response gained international criticism
and spurred another mass demonstration on Novem-
ber 2. This time tens of thousands of protesters turned
out. Police responded violently again. Timothy Scott
Campbell, a videographer, was shot with a lead-filled
bag while lawfully filming the police.
Photos by David Felsen
Sarena Grossjan joined the demonstration at which she was
pepper-sprayed because additional fee hikes at UC Davis would
mean she might have to drop out of school.
It was the first demonstration mechanical engineering student
David Buscho had ever participated in.
Fatima Sbeih, a senior majoring in International Studies, was
riding her bike on the UC Davis campus after afternoon prayer.
Joining the demonstrators, she sat down on the Quad to show
that she was nonviolent.
"I was filming police activity at Occupy Oakland
because police should be accountable," said Campbell.
Lead-filled bags are sometimes called "bean bag pro-
jectiles" but this is a misnomer, given the injury and
extreme pain they can cause.
The ACLU-NC and the National Lawyers Guild
filed a federal lawsuit on behalf of Campbell and oth-
ers against the Oakland Police Department (OPD) for
these egregious constitutional violations. Early rulings
from U.S. District Court Judge Richard Seeborg denied
our requests for an emergency temporary restraining
order and a preliminary injunction to stop the use of
violent force.
In a hearing, the City of Oakland promised that it
would follow its Crowd Control Policy, which calls for
"uphold[ing] constitutional rights of free speech and as-
sembly while relying on the minimum use of physical
force...required to address crowd management." Un-
fortunately, during demonstrations in late January, the
OPD reverted to old tactics and fired multiple rounds
of tear gas into crowds of protesters during a mid-after-
noon demonstration. Over 400 arrests were also made
that day. Journalists, too, were zip-tied and arrested.
`The civil rights lawsuit against the OPD is ongoing.
Revealing the UC Berkeley
Administration's Role
Police use of force was also caught on camera at UC
Berkeley, when police responded to non-violent student
protesters last fall with baton blows.
Chancellor Birgeneau initially claimed that the Oc-
cupy Cal protesters, by linking arms, were "not non-
violent," apparently forgetting this iconic gesture of
the civil rights movement. He quickly recanted after
actually reviewing videos of the scene, which he subse-
quently acknowledged were "very disturbing."
However, the ACLU-NC obtained emails in response
to a public records request that show that the police con-
duct that day was in fact authorized at the highest level
of the university. The emails reveal that the chancellor
was clearly informed by Vice-Chancellor Breslauer that
the police had used batons against students. `The chan-
cellor responded by giving the go-ahead for further use
of force, which is exactly what happened in a second
clash with protesters that day.
Keeping free speech free
The United States was founded on a strong tradition
of protest, protected by the First Amendment. Two
hundred and thirty-five years later, that tradition is
alive and well. It's essential that the police response to
demonstrations does not quell speech.
As ACLU-NC staff attorney Michael Risher puts it,
"When the cost of speech is a shot of blinding, burning
pepper spray in the face, speech is not free."
The ACLU-NC will continue standing up for the
tights of demonstrators in Oakland, at UC Davis, UC
Berkeley and around the region. We're the ACLU, after
all. It's what we do. @
More information about the ACLU-NC's advo-
cacy for demonstrator's rights is online at www.
aclunc.org. A video featuring the stories of UC
Davis students Fatima, Sarena and David is at
www.aclunc.org/ucdavis.
Rebecca Farmer is the Media Relations Director
at the ACLU of Northern California.
Photos by Laura Saponara
ACLU-NC LAUNCHES
CAMPUS NETWORK
By Laila Fahimuddin
n January 14, 50 college student activists from around
California came together for a statewide ACLU Social
Justice Conference. This gathering was the first of its kind,
bringing in student activists from as far north as Chico and
as far south as San Bernardino and Long Beach. Students
spent an intensive weekend participating in organizing skills-
building workshops and issue briefings on core ACLU topics
and talking about the social movements that bring them to
life. The conference culminated in Monterey County in a day
of signature-gathering for the SAFE California campaign to
replace the death penalty.
This conference signified the launch of the ACLU Campus
Network, a new program designed to invite student organiz-
ers of all backgrounds and experience levels to engage with
the ACLU. Participants in the network gain access to special
trainings and resources, grassroots campaign opportunities,
valuable peer and staff networks, and a biweekly newslet-
ter. The project is made possible by the support of all our
members and donors, including the Howard A. Friedman
Endorsement.
Here are reflections of a few student activists who agreed to
share their thoughts with ACLU News readers:
Ignacio Fuentes,
Merced College
I know that change starts
small. I also know that small
change can snowball into
something huge, so I hope
that with the ACLU I can
help enact change that will
lead to something monu-
mental. It would be amazing
if I could be a part of change
for immigrant and gay rights.
It is shocking how much misinformation is out there on cer-
tain issues, so spreading knowledge can plant the seed for change.
Kimberly Soeiro,
Sonoma State
Looking at my generation
now, I hope to inspire mo-
tivation in one person at a
time. I will be working with
my fellow students and peers
to help build a foundation
for change on campus. We
want to create strong ties
and a sense of solidarity that
will open up the doors to discussion and action whether it
be through letter-writing, petition-signing, or charity drives.
In the upcoming months, we will be encouraging students
to get involved with the electoral process and providing
background on the candidates and their stances to ensure
that students have the information they need. If nothing
else, I do hope to generate love, caring and empathy.
Dalia Hernandez,
California State
University,
Long Beach
I strive to find a way to not
increase tuition and other
fees. Higher education is vi-
tal for the growth and econ-
omy of California. As our
state's population continues
to grow, we need educated
individuals who will be ready
to do the hard work.
Undocumented students who do not receive financial aid
are greatly affected by the cost of college because they have to
pay on their own for school. I want to protect the rights of un-
documented students as they oppose higher tuition and fees.
I think it is crucial to remove the barriers for undocumented
students and to make sure they are not discriminated against
as they study to improve their lives.
Caliah Hill,
California State
University,
Monterey Bay
I am hoping to inspire a col-
lege culture change through
working with the ACLU,
with an eye to students who
arent aware, educated or in-
formed of their rights with
the police and the vulner-
abilities associated with their
online identities.
The civil rights movements of the early `60's are the most
inspiring to me. Everyone involved in protecting our irrevo-
cable rights is part of the power of activism. @
Laila Fahimuddin is an Organizer at the ACLU of
Northern California.
ESTAMOS UNIDOS TOUR
This spring, the ACLU-NC will undertake a
coast-to-coast tour through states affected
by discriminatory anti-immigrant laws.
Learn more at
www.miACLU.org and @miACLU
CONFERENCE and LOBBY DAY
APRIL 14 - 16 in SACRAMENTO
For more information or to register:
WWW.ACLUNC.ORG/CONFERENCE
If you missed this conference, be sure to sign
up for email alerts to get advance notice about
N RG EM - | Lo
`SONOMA COUNTY CHAPTER R EVENT
2012 Awards Celebration and Annual Dinner
Featuring Jeanne Woodford of Death Penalty Focus _
Friday, April 27 at 5:30. oy
For reservations and obe information:
WWW.ACLUSONOMA.ORG
GET INVOLVED!
CHAPTERS AND CLUBS
IN YOUR COMMUNITY
Northern Calfornia Chapters
Berkeley/North East Bay
Chico
Greater Fresno
Mt. Diablo
Marin County
Mid-Peninsula
Monterey County
North Peninsula (Daly City to San Carlos}
Paul Robeson (Oakland)
Redwood (Humboldt County]
Sacramento County
San Joaquin
Santa Clara Valley
Santa Cruz County
Shasta-Tehama-Trinity Counties
Sonoma County
Stanislaus County
Yolo County
Campus Clubs
Golden Gate University
Santa Clara University Law
Stanford University
UC Berkeley
UC Davis King Hall Law
Get contact information at
WWW.ACLUNC.ORG/ACTION/CHAPTERS
or by calling (415) 621-2493 x369
California has some of the strongest laws
in the country protecting reproductive
rights. Is access to reproductive health
care a problem in this state?
Yes. We are fortunate to live in California, which pro-
tects childbearing decisions in its Constitution and
statutes. However, good laws, while critical, are just the
beginning. They don't guarantee that all women are able
to obtain the sexual health services they need.
California also has excellent programs that
provide reproductive health services and
counseling for teenagers and for women with
low incomes. Why aren't all residents getting
the care they need?
It's a complex picture. Californias budget problems
have resulted in some cuts to these programs, but a basic
problem is that many women don't know that these pro-
grams exist. That's why we published "Your Health, Your
Rights," a guide to low-cost reproductive health services
in California, and created a companion web site (www.
yourhealthyourrights.org) that gives women-espe-
cially women ages 18-26, who have the highest rates
of unintended pregnancy-practical information about
the programs that can help them obtain contraception,
prenatal care and abortion.
More fundamentally, California is an enormous state.
Many counties-almost half-don't have an accessible
abortion provider. As a result, many women delay their
abortions because they have to travel long distances or
raise money for transportation and services.
What can be done to improve access to
abortion in California?
We are excited to be a sponsor of SB 1338 (formerly
SB 1501), an important bill introduced by state Sena-
tor Christine Kehoe to ensure that women have access
to safe and early abortion services from local providers
they know and trust. It would allow trained clinicians
to perform early, safe abortion care within the terms of
their licenses.
A major research study by the University of Cali-
fornia San Francisco, established that these trained
clinicians can and do provide early abortions safely.
In safety and quality, the study found no difference
between the outpatient early aspiration abortions
performed by advanced practice clinicians and
those done by doctors. Passage of the bill will al-
low women to obtain abortions, without travel and
delay, from providers they know and trust in their
communities.
ASK THE EXPERTS!
Reproductive Justice
Over the past 35 years, ACLU-NC attorney Margaret Crosby has played a leading role in putting in place important
laws and policies that have expanded access to abortion, birth control and comprehensive sex education in California.
Crosby and many others foresaw the types of attacks that are so prominent in other states, and their achievements
have made California a national leader in protecting reproductive rights. Here she talks about the work ahead.
Margaret Crosby
How does the level of access to reproductive
health care in California compare to that in
the United States overall?
Other states are fighting a wave of hostile new legislation
restricting access to abortion. More anti-abortion laws
were passed in 2011 than in any other year since 1973,
when Roe v. Wade was decided. For years, most states
have made abortion inaccessible to poor and young
women by eliminating public funding and requiring
parental involvement for teenagers to obtain abortion.
Now states are imposing other outrageous requirements,
such as mandatory vaginal ultrasounds and counseling
from so-called crisis pregnancy centers, which give bi-
ased and incomplete information.
In comparison, California's health policies are en-
lightened-but we have a way to go to make funda-
mental rights a reality for every woman in our state.
The ACLU-NC's Reproductive Justice Project seeks to
fulfill the promise of California law that every woman
has the right to decide whether to bear a child or end
a pregnancy.
How does California affect the nation?
California is a national leader in protecting reproductive
rights. We can create model laws and programs that may
be replicated nationally. A recent example is the Obama
administration's inclusion of contraception as one of the
preventative services that must be covered in new health
plans without special co-pays or premiums. Houses of
worship, like churches, are exempt, but religiously-
afhliated institutions, like hospitals, universities and
charities, which employ a diverse workforce and provide
publicly-funded services, are not.
That narrow exemption was crafted first by the
ACLU for the 1999 Women's Contraceptive Equity
Act in California, and we defended its constitutional-
ity through the California Supreme Court. New York
adopted the same language, which was also upheld
in every court. Now it will be national policy. We
believe that it carefully accommodates religious free-
dom with reproductive rights and women's equality.
Institutions like hospitals, universities and charities
that operate in the secular world should play by secu-
lar rules. Their workers deserve the protection of la-
bor laws-and the right to make their own decisions
about intimate matters like birth control. It's not the
boss's business.
it's nice to hear some good news in what
has been a very bleak year nationally for
women's reproductive health. Do you think
things will change?
Yes. I am encouraged by the feisty response we are
seeing all across the country. The Susan G. Komen
Foundation's rapid reversal of its decision to cut ties
with Planned Parenthood, followed by the outpour-
ing of support for access to contraception, shows that
women and men will fight to protect these funda-
mental rights.
What can ACLU members do to promote
access to reproductive health for all
California women?
Speak up in support of SB 1338 (formerly SB 1501)
in order to ensure that California women have access
to safe abortion care. Make your voice heard and sign
up for the ACLU-NC email list to stay updated on
important opportunities to help pass this bill: www.
aclunc.org/email.
Finally, tell your family and friends why these re-
productive justice issues are important to you. Help
them see that having the legal rights to abortion care,
while essential, is not enough. We must help make
these rights a reality for all Californians by removing
barriers to care. @
This interview was conducted by Barbara Koh
for the ACLU of Northern California.