vol. 76, no. 1

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

Franky Carrillo spent 20 years in prison

for a murder he did NOT commit.

REPLACE the death penalty with life tn

prison without parole.

SAVE $184 million a year.

Support the campaign today!

DONATE ACLUN_1981.MODS ACLUN_1981.batch ACLUN_1982 ACLUN_1982.MODS ACLUN_1982.batch ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1984.batch ACLUN_1985 ACLUN_1985.MODS ACLUN_1985.batch ACLUN_1986 ACLUN_1986.MODS ACLUN_1986.batch ACLUN_1987 ACLUN_1987.MODS ACLUN_1987.batch ACLUN_1988 ACLUN_1988.MODS ACLUN_1988.batch ACLUN_1989 ACLUN_1989.MODS ACLUN_1989.batch ACLUN_1990 ACLUN_1990.MODS ACLUN_1990.batch ACLUN_1991 ACLUN_1991.MODS ACLUN_1991.batch ACLUN_1992 ACLUN_1992.MODS ACLUN_1992.batch ACLUN_1993 ACLUN_1993.MODS ACLUN_1993.batch ACLUN_1994 ACLUN_1994.MODS ACLUN_1994.batch ACLUN_1995 ACLUN_1995.MODS ACLUN_1995.batch ACLUN_1996 ACLUN_1996.MODS ACLUN_1996.batch ACLUN_1997 ACLUN_1997.MODS ACLUN_1997.batch ACLUN_1998 ACLUN_1998.MODS ACLUN_1998.batch ACLUN_1999 ACLUN_1999.MODS ACLUN_1999.batch ACLUN_2000 ACLUN_2000.MODS ACLUN_2000.batch ACLUN_2001 ACLUN_2001.MODS ACLUN_2001.batch ACLUN_2002 ACLUN_2002.MODS ACLUN_2002.batch ACLUN_2003 ACLUN_2003.MODS ACLUN_2003.batch ACLUN_2004 ACLUN_2004.MODS ACLUN_2004.batch ACLUN_2005 ACLUN_2005.MODS ACLUN_2005.batch ACLUN_2006 ACLUN_2006.MODS ACLUN_2006.batch ACLUN_2007 ACLUN_2007.MODS ACLUN_2007.batch ACLUN_2008 ACLUN_2008.MODS ACLUN_2008.batch ACLUN_2009 ACLUN_2009.MODS ACLUN_2009.batch ACLUN_2010 ACLUN_2010.MODS ACLUN_2010.batch ACLUN_2011 ACLUN_2011.MODS ACLUN_2011.batch ACLUN_2012 ACLUN_2012.MODS ACLUN_2012.batch ACLUN_2013 ACLUN_2013.MODS ACLUN_2014 ACLUN_2014.MODS ACLUN_2015 ACLUN_2015.MODS ACLUN_2016 ACLUN_2016.MODS ACLUN_2017 ACLUN_2017.MODS ACLUN_2018 ACLUN_2018.MODS ACLUN_2019 ACLUN_2019.MODS ACLUN_ladd ACLUN_ladd.MODS add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log HOST A HOUSE PARTY ACLUN_1981.MODS ACLUN_1981.batch ACLUN_1982 ACLUN_1982.MODS ACLUN_1982.batch ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1984.batch ACLUN_1985 ACLUN_1985.MODS ACLUN_1985.batch ACLUN_1986 ACLUN_1986.MODS ACLUN_1986.batch ACLUN_1987 ACLUN_1987.MODS ACLUN_1987.batch ACLUN_1988 ACLUN_1988.MODS ACLUN_1988.batch ACLUN_1989 ACLUN_1989.MODS ACLUN_1989.batch ACLUN_1990 ACLUN_1990.MODS ACLUN_1990.batch ACLUN_1991 ACLUN_1991.MODS ACLUN_1991.batch ACLUN_1992 ACLUN_1992.MODS ACLUN_1992.batch ACLUN_1993 ACLUN_1993.MODS ACLUN_1993.batch ACLUN_1994 ACLUN_1994.MODS ACLUN_1994.batch ACLUN_1995 ACLUN_1995.MODS ACLUN_1995.batch ACLUN_1996 ACLUN_1996.MODS ACLUN_1996.batch ACLUN_1997 ACLUN_1997.MODS ACLUN_1997.batch ACLUN_1998 ACLUN_1998.MODS ACLUN_1998.batch ACLUN_1999 ACLUN_1999.MODS ACLUN_1999.batch ACLUN_2000 ACLUN_2000.MODS ACLUN_2000.batch ACLUN_2001 ACLUN_2001.MODS ACLUN_2001.batch ACLUN_2002 ACLUN_2002.MODS ACLUN_2002.batch ACLUN_2003 ACLUN_2003.MODS ACLUN_2003.batch ACLUN_2004 ACLUN_2004.MODS ACLUN_2004.batch ACLUN_2005 ACLUN_2005.MODS ACLUN_2005.batch ACLUN_2006 ACLUN_2006.MODS ACLUN_2006.batch ACLUN_2007 ACLUN_2007.MODS ACLUN_2007.batch ACLUN_2008 ACLUN_2008.MODS ACLUN_2008.batch ACLUN_2009 ACLUN_2009.MODS ACLUN_2009.batch ACLUN_2010 ACLUN_2010.MODS ACLUN_2010.batch ACLUN_2011 ACLUN_2011.MODS ACLUN_2011.batch ACLUN_2012 ACLUN_2012.MODS ACLUN_2012.batch ACLUN_2013 ACLUN_2013.MODS ACLUN_2014 ACLUN_2014.MODS ACLUN_2015 ACLUN_2015.MODS ACLUN_2016 ACLUN_2016.MODS ACLUN_2017 ACLUN_2017.MODS ACLUN_2018 ACLUN_2018.MODS ACLUN_2019 ACLUN_2019.MODS ACLUN_ladd ACLUN_ladd.MODS add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log SPREAD THE WORD

American Civil Liberties Union Foundation

39 Drumm St.

San Francisco, CA 94111

WWW.SAFECALIFORNIA.ORG

SAI E Text "SAFECA" to 74700

CALIFORNIA Twitter @SAFEcalifornia

vw Savings # Accountability www.facebook.com/SAFECalifornia

@ Full Enforcement

Nae Canale eet Co

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~ ACLUnews

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.