vol. 77, no. 1

AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA

AC L news

Oa a mae ed

3 Ending Discrimination Against

Women tn the Military

3 Sacramento Report: The 2013

Legislative Season Ahead

5 Legal Briefs: Free Speech

Victories

5 A Valiant Campaign: What's

Next for the Death Penalty

6 Creating a Legacy of Liberty

7 Reports from the Field:

Fellows Share Aspirations

8 Ask the Experts: Criminal

Justice co Dirid Palle,

Non-Profit

Organization

U.S. Postage

PAID

Permit No. 4424

San Francisco, CA

American Civil Liberties Union Foundation

39 Drumm St.

San Francisco, CA 94111

Pla ranaie Mita elt UNION

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ACLU TAKES MARRIAGE EQUALITY

TO THE SUPREME COURT

By Jessie Seyfer

he U.S. Supreme Court moment that supporters of marriage

equality have been waiting for-and that the ACLU has been

tirelessly working towards-is finally within reach. All eyes are on

the high court this spring as it hears two critical same-sex marriage

cases that could result in an overturning of the federal Defense of

Marriage Act (DOMA) and California's Proposition 8.

"All couples deserve the freedom to express their love

and commitment to one another and protect their fami-

lies through marriage-lesbian and gay couples are no

exception," said Elizabeth Gill, staff attorney with the

ACLU of Northern California. "We hope the Supreme

Court agrees."

Last December, the high court agreed to hear the two

cases- Windsor v. United States, the ACLU's challenge to

DOMA, and Hollingsworth v. Perry, which challenges Califor-

nias Proposition 8. Oral arguments are scheduled for March,

and decisions are expected by late June.

Plaintiff Edie Windsor. CONTINUED ON PAGE 4

ROE V. WADE AT 40:

BREAKING DOWN BARRIERS

TO ABORTION ACCESS

By Rebecca Farmer

Courtesy of the NYCLU

is year marks the 40th anniversary of Roe v. Wade, the landmark

U.S. Supreme Court decision that legalized abortion. Women's

fundamental right to reproductive health care has faced serious attacks,

and a shocking 135 laws restricting abortion were passed around the

country in the last two years. That's a record high-or maybe a new low.

In California we do things differently. Our state has some These are the stark realities:

of the strongest laws protecting reproductive rights. But even cent Women in 52 percent of California counties don't have

here, women in rural and urban areas still face challenges in an accessible abortion provider.

access to timely abortion care. cent `There are only five abortion providers in the Central

To celebrate the Roe v. Wade anniversary this year, the Valley between Stockton and Bakersfield.

ACLU-NC and a coalition of groups supporting reproductive en eee ee ee nad

health introduced a bill that will actually improve access to

abortion for women who need it. The bill, AB 154 authored

by Assembly Majority Leader Toni Atkins (D-San Diego), will

expand the number of trained health professionals who can

tances. This can mean taking extra time off work and

finding extended childcare.

e Women in urban areas face overburdened clinics and

eon nee mer long wait times that result in delays to care.

calc:

CONTINUED ON PAGE 4

Seer ee ie ea

LETTER FROM THE

EXECUTIVE DIRECTOR

ately I have been asking

myself this very candid

question: Have I spent my

first four years at the ACLU

e}

o as well as | spent my time

= in high school? After all, I

= packed in a lot of history,

8 math, literature, science,

_ debate, soccer, environ-

S

a

mental club meetings, and

neighborhood lawn-mow-

ing in those four years.

At the ACLU of Northern California, how have we

done in these four years?

We have stepped up our efforts during a time of

fiscal crisis to press for criminal justice reform, from

stopping the expansion of jails to challenging the

death penalty.

We are better serving the diverse populations of our

entire region and state. We are deeply engaged in a

range of litigation and advocacy throughout the Cen-

tral Valley. Our collaboration with the other ACLU

affiliates in our state as the "ACLU of California' is

opening up new areas of work-such as voting rights.

And our colleagues here are having greater na-

tional impact. Our state model for access to con-

traception is part of the Affordable Care Act. The

core issues of fair treatment of immigrants are part

of the immigration reform debate. Our challenge to

the exclusion of women in combat yielded a major

step forward in the military. And the ACLU's long-

term fight for marriage equality will be heard in the

Supreme Court.

My favorite subject in high school was history, and

I'm still a fan. I recently read Bury the Chains on the

movement to abolish the slave trade in the British

Empire, and watched the PBS series The Abolitionists.

They emphasize a central element of the struggle for

freedom and equality: Time. The most significant

changes take a great deal of time to see through-

sometimes decades. But within that slow march of

time, there are periods of rapid progress. Now is one

such time.

Tedhi So | +

Abdi Soltani

Executive Director

Fee

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

Rebecca Farmer

CHAIR

ENECUTINIE DIRECTOR

BDITOR-IN-CHlsr

MANAGING EDITOR

DESIGNER

PROOFREADER

Gigi Pandian

Jessie Seyfer

39 Drumm Street, San Francisco, CA 94111

(415) 621-2493 | EDITOR@ACLUNC.ORG

Photos by Jaeger Shots

Photos by Gigi Pandian

THE ACLU TALKS CIVIL LIBERTIES IN PALO ALTO

A week after the November general election, the ACLU of Northern California headed to Palo Alto to discuss the impact

of the election results on key civil liberties issues in California and nationwide. Top row, left to right: David Morrison,

Chi-Kai Sin, L Peter Deutsch; Daniela Florescu, Roger Bamford, James Bamford. Bottom row, left to right: Riaz Moledina,

Abdi Soltani, Lily Moledina; Dawn Abel, Griff Hazen, Pierre Vachon, Sally Stewart, Rebecca Farmer, Shayna Gelender.

THE DESILVER SOCIETY'S ANNUAL LUNCHEON

At the annual DeSilver Society

Luncheon, ACLU of Northern

California supporters gathered for

a post-election analysis. At right:

Elaine Elinson and Thomas Perez.

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 follow-

ing people to serve on the Board of Directors for the 2013

term [an asterisk (*) denotes an incumbent]: Maria Hekker,

Ruben Lizardo, *Scotty McLennan, *Simin Shamji, David

Oppenheimer, *Ismail ("Izzy") Ramsey, *Bianca Sierra,

*Beverly Tucker, Francisco Ugarte and *Mickey Welsh.

We also thank our outgoing at-large Board members Pa-

trice Harper, Tal Klement, Tracy Weitz, David Berger and

Steven Rosenbaum for their valuable contributions to our

work and mission.

New Officers and Executive Committee Members

The ACLU-NC Board of Directors has elected Magan Ray

as Affirmative Action Officer. The ACLU-NC Board of

Directors has also re-elected Dennis McNally as Develop-

ment Committee Chair, Ajay Krishnan as Legal Commit-

tee Chair, Farah Brelvi as Legislative Policy Committee

Chair, Ken Sugarman as Finance Committee Chair (Sec-

retary/Treasurer), and Allen Asch as Field Activists' Com-

mittee Chair. The 2013 Executive Committee will also

include the following "at-large" members: Cherri Allison

as National Board Representative, Beverly Tucker, Marlene

De Lancie (member emerita); as well as Chapter represen-

tatives George Pegelow (Marin) and Elliot Ruchowitz-

Roberts (Monterey).

ENDING DISCRIMINATION AGAINST WOMEN IN THE MILITARY

By Rebecca Farmer

ust two months after the ACLU filed suit a federal lawsuit

in San Francisco challenging the U.S. Department of De-

fense's longstanding policy barring women from thousands

of ground combat positions, Defense Secretary Leon Pa-

netta lifted the combat exclusion policy. The suit continues

for now, and the ACLU will be keeping a close eye on the

Armed Forces as the change is implemented.

The ACLU lawsuit, Hegar v. Panetta, was filed on behalf

of four servicewomen and the Service Women's Action Net-

work, and charges that the outdated policy fails to recognize

womens service and leadership in Iraq and Afghanistan. The

combat exclusion policy was one of the last remaining relics

of official government discrimination against women.

All four servicewomen in the suit have done tours in Iraq

or Afghanistan-some deploying multiple times-where

Gigi Pandian

they served in combat or led female troops who went on

missions with combat infantrymen. Their careers and op-

portunities have been limited under a policy that does not

grant them the same recognition for their service as their male

counterparts. The policy was military-wide and didn't recog-

nize women for their individual qualifications. Among the

many problems with this policy was the fact that it bears little

relationship to the reality of modern warfare, which doesn't

have a front line.

`The people who shot down plaintiff Major Mary Jennings

Hegar's combat helicopter during a rescue mission and en-

gaged her crew with heavy ground fire in Afghanistan appar-

ently hadn't read the policy.

Marine Corps Captains Zoe Bedell and Colleen Farrell

commanded Female Engagement Teams in Afghanistan, who

would live, work, and fight with ground infantry troops in

tiny combat outposts. The teams frequently encountered com-

bat situations, but were prevented from fully participating in

training with the infantry troops they served alongside.

Army Staff Sgt. Jennifer Hunt served in Afghanistan,

where she went with soldiers on combat missions in remote

Plaintiffs Captain Zoe Bedell, Captain Colleen Farrelt,

Staff Sgt. Jennifer Hunt, and Major Mary Hegar.

mountain areas, and in Iraq, where her vehicle was hit by an

Improvised Explosive Device (IED). Hunt was awarded the

Purple Heart for shrapnel injuries sustained in that attack.

"Tts unfair that a serviceman can be promoted for putting

his life on the line in a combat situation, but a servicewoman

who performs just as well on the battlefield is told that her

service doesn't count," said Elizabeth Gill, staff attorney with

the ACLU of Northern California.

As an Air National Guard search and rescue helicopter

pilot, Major Mary Jennings Hegar flew Medevac missions in

Afghanistan. In 2009, her helicopter was shot down while

rescuing three injured soldiers, and she and her crew were

forced to engage in combat. Hegar, who returned fire after

sustaining shrapnel wounds, was awarded the Purple Heart

and Distinguished Flying Cross with Valor, and was returned

to flying status within a week. Despite that, the combat ex-

clusion policy prevents her from seeking some combat lead-

ership positions.

"Ever since I was a little girl I wanted to be an Air Force

pilot, and I have proven my ability every step of the way," said

Hegar. "The ability to serve in combat has very little to do

with gender or any other generalization. It has everything to

do with heart, character, ability, determination and dedica-

tion. This policy is an injustice to the women who have come

before us and who continue to put their lives on the line for

their country."

Women make up more than 14 percent of the 1.4 million

active military personnel, yet the rule categorically has exclud-

ed them from more than 238,000 positions. Consequently,

commanders have been stymied in their ability to mobilize

their troops effectively.

Under the policy, servicewomen have been:

cent Denied training and recognition for their service

0x00B0 Put at a disadvantage for promotions

cent Prevented from competing for positions for which they

have demonstrated their suitability.

"Now is not the time for foot-dragging or more games

about which jobs women are officially permitted to do. For

more than a decade, women have been risking and, in more

than a hundred instances, giving up their lives in combat,"

said Ariela Migdal, senior staff attorney with the ACLU

Women's Rights Project. "It's long past time for the policy to

catch up with reality."

By The ACLU California Legislative Office

The ACLU of California's legislative office returns in 2013

to familiar fights for reproductive health care, immigrants

rights, and drug law reform. While these issues are famil-

iar, there are 38 newly elected officials, a supermajority of

Democratic members, and revised term limits allowing

these members to stay up to 12 years in each of their respec-

tive chambers.

Expanding Abortion Access

_ On the 40th Anniversary of Roe v. Wade, state leaders and

ee

- women's health and rights groups announced the introduc-

tion of Assembly Bill 154, a bill that would improve abor-

tion access in California. AB 154 would improve abortion

access in California by expanding the number of trained

health professionals who can provide early abortions. See

page 1 for more information about this bill.

Immigration Reform

With the federal government promising immigration

reform, California is still battling unjust detentions of

citizens, legal permanent residents, and undocumented

immigrants. Two months after California Gov. Jerry

Brown vetoed a bill known as the TRUST Act, Assembly

Member Tom Ammiano, introduced version 3.0 of the

bill. The TRUST Act seeks to mitigate the failures of

the utterly broken federal immigration program, called

Secure Communities (S-Comm) that has resulted in the

deportations of over 72,000 Californians. The TRUST

Act aims to restore trust and transparency between com-

munities and local police. It prohibits counties from

holding people in jail on immigration-based detention

requests when they pose no risk to public safety. The gov-

ernor has promised to work with the legislature to create

a bill that he would sign.

Drug Policy

A bill introduced by state Sen. Mark Leno would allow local

prosecutors to charge possession of illegal drugs for personal

use as a misdemeanor instead of a felony, saving counties

millions of dollars that could be invested in the kinds of

incarceration alternatives proven to reduce recidivism and

create safe and healthy communities. Marijuana possession

is already decriminalized under state law.

Education

The federal focus on school safety has also reached Cali-

fornia. The ACLU is working on AB 420 (Dickinson) to

reform suspensions and expulsions due to student's "willful

defiance" of school administrators and staff. This bill would

amend current law to prohibit districts from suspending stu-

dents for willful defiance if they are in grades K-8. It would

also require districts to use alternative means of correction

at least two times before suspending older students for will-

ful defiance. Finally, it would prohibit extended suspensions

(more than five days in preparation for expulsion) or expul-

sions for willful defiance.

The ACLU is following Senate Bill 744 (Lara), which

would prevent involuntary transfers of students who have

been accused of an expellable action but where the district

or county has decided not to expel the student. This bill

would also limit the circumstances in which students could

be transferred to community day and county community |

schools, and would create ways for students sent to these

schools to transfer back to mainstream schools.

eae

Privacy

Whether we are in school or not, we all may be interested

in learning how businesses share our personal informa-

tion. In 2003, California lawmakers passed SB 27, giv-

ing Californians the right to know how businesses share

their personal information for direct marketing purposes

only, among other limitations. The law, however, has not

kept up with technological advancements. AB 1291 will

modernize the law to ensure that customers can access the

personal information held by online businesses, know who

has received the information, and what categories of infor-

mation has been shared (i.e., health and financial, sexual

orientation, etc.). @

The Sacramento Legislative Office works with

the three California ACLU affiliates: Northern

California, Southern California and San Diego.

MARRIAGE GOES TO THE SUPREME COURT

CONTINCED BeOM Pace

The Windsor case was brought by

Edie Windsor, an 83-year-old New York

City resident who was forced to pay

more than $363,000 in federal estate

taxes after the death of her spouse, Thea

Spyer, because their marriage was not

recognized under federal law. Windsor

and Spyer had been together 44 years.

They were engaged in 1967 and finally

married legally in 2007. Two years later,

Spyer passed away. Their relationship

captures the spirit of commitment, as

Edie stood by Thea in sickness and in

health. If Spyer had married a man in-

stead of a woman, no estate tax would

=)

pat

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=

Za

oO

eS

have been owed, because federal law rec-

ognizes heterosexual spouses as a family

unit. Windsor and her ACLU attorneys

argue that by excluding Windsor from

Courtesy o

this protection, DOMA is discrimina-

tory and unconstitutional.

"When Thea and I met nearly 50 years ago," said Wind-

sor, "we never could have dreamed that the story of our life

together would be before the Supreme Court as an example

of why gay married couples should be treated equally, and

not like second-class citizens."

The Hollingsworth case centers on two same-sex Cali-

fornia couples who argue that Prop. 8 violates the U.S.

Constitution's guarantee of equal protection, and that the

backers of Prop. 8 did not have the proper legal standing

to defend it in court when the state of California chose not

to. Same-sex couples could legally marry in California from

June to November of 2008-between the ACLU of North-

ern California's victory in the California Supreme Court in

In re Marriage Cases and the vote on Prop. 8. The measure

inserted language into the state constitution excluding

same-sex couples from marriage.

"Edie Windsor is already married-she just wants to stop

the federal government from treating her marriage differently

from everyone else's marriages," said James Esseks, Director

of the ACLU's LGBT and AIDS Project. "The plaintiffs in the

Prop. 8 case, on the other hand, want to get married. Each

case marks spectacular progress for our movement."

A win in the Windsor case could end explicit federal

discrimination. DOMA requires the federal government to

discriminate against married same-sex couples by treating

them as legal strangers for purposes of all federal statutes

and programs. There are approximately 120,000 married

same-sex couples in the U.S. today, and DOMA treats all

of them as single in each of the 1,100-plus places in the

Plaintiff Edie Windsor.

federal code where being mar-

ried makes a difference-from

eligibility for family medical

leave, to social security survi-

vor's benefits to access to health

care for a spouse.

"It's the last explicit federal

declaration that gay people are

inferior, which is reason enough

to get rid of it," Esseks said.

When ruling on the Wind-

sor case, the court could

also endorse a "heightened

Scrutiny standard for as-

sessing discrimination based

on sexual orientation. If the

Supreme Court adopts the

heightened scrutiny stan-

dard, it would help eliminate

anti-LGBT discrimination in

many different contexts, from

the workplace, to state parenting laws, to public schools

across the country.

If the justices rule in favor of the California couples in

Flollingsworth, the ruling poncho enirnncmoqmenr ale

could overturn every state constitutional provision and law

restricting marriage to heterosexual couples. It could also

overturn just Prop. 8, limiting the effect only to California,

as a federal appeals court ruled earlier this year. The Court

could also avoid ruling altogether on the constitutional

question and find that the backers of the measure have no

standing to defend it in court, presumably meaning that

a 2010 district court ruling striking down Prop. 8 would

stand. On the other hand, if the court upheld Prop. 8, Cali-

fornia couples would be unable to marry for the time being,

but such a ruling would leave open the effort to secure fair

marriage laws state by state. At present, 30 states-includ-

ing California-have amended their constitutions to ex-

clude same-sex couples from marriage.

Recent elections have indicated an indisputable sea

change in public attitudes towards marriage for same-sex

couples. In November, voters in Maine, Maryland and

Washington approved ballot measures allowing lesbian and

gay couples to wed.

"Ultimately," said Gill, "public opinion is changing

so quickly that its becoming hard to predict what the

Court will do in the end. Whatever the outcomes in the

Supreme Court, the ACLU is committed to seeing the

day where marriage equality is the law of the land from

sea to shining sea." @

ROE V. WADE AT 40

CONTINUED Prem PAGE |

AB 154 would improve abortion access by authoriz-

ing trained nurse practitioners, certified nurse midwives,

and physician assistants to provide early abortions. These

are the health providers that women already know and

trust because they go to them for other reproductive

health care services like annual exams and birth control.

The American Journal of Public Health recently pub-

lished the results of a multi-year study that concluded

that nurse practitioners, certified nurse midwives,

and physician assistants can be trained to perform

early abortions as safely as physicians. Conducted by

researchers at the University of California, San Fran-

cisco's Bixby Center for Global Reproductive Health,

the study also found that patients expressed high rates

of satisfaction with the care they received from all prac-

titioners.

By age 45, about half of American women will have

an unintended pregnancy and nearly one in three will

terminate her pregnancy. Seven in 10 women would

have preferred to have their abortion earlier. But many

women experience delays because they need time to raise

money for transportation, childcare and the procedure

itself.

"By passing AB 154, California can continue to

lead the nation in supporting access to comprehensive

reproductive health for women in their own communi-

ties by providers they know and trust," said Phyllida

Burlingame, Reproductive Justice Policy Director at

ACLU-NC. @

Rebecca Farmer is the Communications Director at

the ACLU of Northern California.

what can happen if they don't.

MAKING THE BUSINESS CASE FOR PRIVACY AND FREE SPEECH

ew technology has revolutionized the ways that we work and live. But as recent controversies show, when companies fail to take privacy and

free speech rights into proper account, the result can be bad for users and bad for business.

To help companies get a fresh start in 2013, the ACLU of California released a new edition of Privacy and Free Speech: Its Good for Business.

This practical, how-to guide illustrates how tech companies can build privacy and free speech protections into their products and services - and

The guide encourages companies to respect users' data, stand up for users' rights, plan ahead, be transparent, and encourage users to speak

freely. The guide features dozens of real-life case studies from A(mazon) to Z(ynga) and updated recommendations for policies and practices to

take the guesswork out of avoiding expensive lawsuits, government investigations, and public relations nightmares.

Baking in strong privacy and free speech protections isn't just the right thing to do - dozens of recent controversies highlight just how impor-

tant it is for business too. By learning from other companies' mistakes and building on their privacy and free speech successes, businesses can

hopefully make 2013 a privacy- and free speech-friendly year for everyone.

The primer is available online at aclunc.org/business/primer. @

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A VALIANT CAMPAIGN

By Miriam Gerace

ast November, 5.9 million Californians voted "YES" on Proposition 34 to say that the death penalty

is broken, costly and will always carry the unacceptable risk of executing an innocent person.

Unfortunately, the initiative did not pass, with the final tally of 48 percent "YES," 52 percent "NO."

But the Savings, Accountability and Fair Enforcement for California Act of 2012 marked a milestone for

national and state efforts to replace the death penalty with a sentence of life in prison without parole.

"The mere fact that the state is evenly divided is

nothing short of extraordinary," said Natasha Min-

sker, SAFE California Campaign Manager and the

ACLU-NC's Death Penalty Policy Director. "Cali-

fornians voted in the Briggs Death Penalty Initiative

in 1978 with 71 percent support. Now, after the first

fact-based conversation on the issue in a generation,

voters are split. Millions say they prefer the sentence

of life in prison without possibility of parole to a

wasteful and risky death penalty that is all cost with

no benefit."

From a handful of law enforcement professionals,

innocent people who had been wrongfully convicted

and murder victims' family members, the SAFE Cali-

Gigi Pandian

fornia campaign grew to be a community of thousands:

800,000 people signed petitions to place the initiative

on the ballot, over 10,000 people volunteered or donat-

ed to the campaign, and more than 1,400 organizations

and community leaders endorsed the proposition.

Key to the public education success of the SAFE California

campaign was the sheer diversity of its supporters. The unusu-

al roster included Jeanne Woodford, a former Warden at San

Quentin State Prison who oversaw four executions and who

served as the official ballot proponent, former Los Angeles

District Attorney Gil Garcetti, a self-described "convert" and

By Danielle Riendeau

Victory for UC Davis Protesters

The ACLU-NC reached a $1 million settlement in a federal

lawsuit on behalf of twenty-one students and alumni against

UC Davis over the University's treatment of protesters

during a Nov. 18, 2011 demonstration, in which campus

police were caught on video dousing seated protesters with

pepper spray. As part of the settlement, UC Davis Chancel-

lor Linda Katehi issued formal written apologies to each of

the students and recent alumni who were pepper-sprayed

or arrested. The University is working with the ACLU as it

develops new policies on student demonstration, as required

by the settlement.

Protecting Free Speech Online-For

Everyone

The ACLU-NC and the Electronic Frontier Foundation

filed a federal lawsuit challenging unconstitutional provisions

in Proposition 35, a ballot measure passed by voters in

November 2012. The measure sought to restrict the legal and

constitutionally protected speech of anyone who is a registered

sex offender in California-even people with decades-old,

low-level offenses like misdemeanor indecent exposure and

people whose offenses were not related to the Internet. `The

provisions at issue in the suit would also require them to turn

over a list of all their Internet identifiers and service providers

to law enforcement. In January, a federal judge agreed with the

Yes on 34 staff and volunteers days before the election.

ardent spokesperson, and Ron Briggs, current Supervisor for

El Dorado County and former pro-death penalty campaigner

along with his father, former state Senator John Briggs.

While the narrow loss was deeply disappointing, general

awareness of the death penalty was heightened thanks to a ro-

bust public debate. SAFE California's "YES on 34" Facebook

page hit the 10,000-member mark on Election Day and 48

newspapers ultimately endorsed the campaign (compared to

ACLU suit, granting a preliminary injunction. The suit notes

that Prop. 35's stated goal of ending human trafficking is a

worthy one, but that online speech restrictions like this won't

get us there. The government has appealed the injunction to

the Ninth U.S. Circuit Court of Appeals.

The First Amendment is For Law

Enforcement, Too

Trinity County Deputy Sheriff Mark Potts was censured

at work after publishing controversial letters to the editor

in the local newspaper on topics such as the war on drugs

and gun control. Because of the importance of hearing from

public safety employees on criminal justice issues, the ACLU

stepped in to make sure that we hear opinions on all side of

the debate. In August, the ACLU-NC sued on his behalf,

and in November 2012, a judge issued a permanent injunc-

tion on behalf of Potts, protecting his free speech rights. The

injunction means that the Trinity County Sheriffs Depart-

ment cannot censure Potts or any other employees for speak-

ing out on Civic issues.

ACLU + Tea Party = Free Speech

In 2011, the City of Redding adopted a policy restricting

residents from sharing their ideas and opinions in front of the

library through peaceful leafleting. To challenge the City's

effort to stop civic discourse in public spaces, the ACLU-

NC joined up with the North State Tea Party to challenge

the policy. In December 2012, the state Court of Appeal

four in support and one abstention). The Sacramento Bee

reversed its 150-year editorial stance on the death penalty

to support Proposition 34 and the New York Times editori-

alized in support of the initiative twice.

Perhaps most importantly, more Californians than ever

now know that the death penalty is exorbitantly costly,

and that it costs far more than a sentence of life in prison

without the possibility of parole. California's independent

Legislative Analyst's Office determined that Proposition 34

would have saved the state $130 million a year. A separate

study by Federal Judge Arthur Alarcen and Loyola Law

Professor Paula Mitchell estimated that California had

spent $4 billion since 1978 on the death penalty. They esti-

mate that the state will spend $5 to $7 billion more on the

death penalty in the next 35 years. And more Californians

learned about the risks of executing an innocent person

and the unmet needs of crime victims.

But the campaign for a SAFE California is not over. We

will press on and continue to have an honest and clear-eyed

conversation on the death penalty with policymakers and Cal-

ifornia voters. Because California deserves justice that works

for everyone. @

Miriam Gerace is the Director of Strategic Initiatives at

the ACLU of Northern California.

affirmed an earlier ruling that granted a preliminary injuc-

tion. The Court of Appeal's decision reaffirms the robust

protections for speech under the California Constitution

and the importance of public spaces as forums for speech.

Challenging Drone Surveillance

In October, the Alameda County Sheriffs Office revealed

that it was seeking funds to purchase a drone for aerial sur-

veillance. If this goes forward, Alameda County would be

the first local jurisdiction in the state to obtain a drone. The

county must be transparent and allow public debate before

it acquires a drone. The ACLU-NC has been working with

the sheriff and the board of supervisors to ensure that, if the

county decides to use drones, there are meaningful, enforce-

able privacy safeguards in place and that Alameda becomes a

leader in privacy protections, not privacy violations.

Stopping Race-Based Traffic Stops

Central Valley communities have reported that California

Highway Patrol officers in Fresno County routinely patrol

near agricultural fields and stop farmworkers without reason-

ES

able suspicion of traffic infraction or crime. In December, The

ACLU-NC and the American Friends Service Committee

demanded an investigation into this unlawful and systemic

targeting of Latinos and the vehicle impoundments that fre-

quently result from such stops. The CHP responded, saying

it will investigate. Fresno County residents report that the

problems has decreased since the'ACLU-NC stepped in. @

CREATING A LEGACY OF LIBERTY

FOR FUTURE GENERATIONS

`hroughout the ACLU's history, thousands of Americans have chosen to act as stewards of our con-

stitutional heritage by including the ACLU as a beneficiary of their estate. Known as the DeSilver

Society, this special group of ACLU supporters has made freedom, justice, and equality a personal

legacy. These civil libertarians understand that each generation must do its part to secure liberty and

pass on the guarantees of the Bill of Rights. Planned gifts are truly the bedrock of the ACLU and en-

sure our advocacy in generations to come. Meet two of Northern California's newest DeSilver Society

members who have made the ACLU a personal legacy:

"

Meet Jack Garnett

Jack Garnett has supported

the ACLU for decades and

believes in securing its per-

manence as the leading de-

fender of civil liberties. Jack

has done his part in keeping

the ACLU strong and prin-

cipled beyond our lifetimes

by providing for the ACLU

Foundation in his will. Jack

supports a number of orga-

nizations, but provided spe-

cifically for the ACLU in his

estate plans because he sees

the enormous importance

of the permanence of the

organization connected to

advancing the purposes to

which he feels most aligned.

Jack gave special consider-

ation to the ACLU because

he hopes to help sustain the |

work of the ACLU far into

the future.

There are many ways you can make a gift to the ACLU or ACLU Founda-

tion through your will or living trust. You can arrange a gift of a specific

amount, a percentage, or all or part of the residual of your estate. Contact

us for sample language that will take care of your specific needs.

S

e

~

Meet Beverly Tucker

Beverly Tucker, longtime

ACLU-NC Board member and

supporter, sees the ACLU as

an organization that has great

influence on the civil liberties

issues she cares most about,

including immigration, drug

policy, reproductive rights and

access, privacy, criminal justice

reform, education and _ vot-

ing rights. Beverly met with

ACLU staff and learned that

she could make a planned gift

to the ACLU easily without

hiring a lawyer or incurring any

costs, so she decided to add the

ACLU as a beneficiary of an

existing life insurance policy.

Beverly believes in the ACLU's

mission to preserve and defend

our constitutional rights and

made her gift to support the

ACLU's continued engagement

in organizing, outreach, legisla-

tive advocacy and lobbying.

A beneficiary designation for the ACLU is a simple and meaningful way to

help ensure a strong future for individual rights. Beneficiary designations

can be made for retirement plans, life insurance policies, bank and broker-

age accounts, and other types of deposit and investment accounts.

o

INTRODUCING THE LEGACY CHALLENGE

Through a generous commitment by the LuEsther T. Mertz Charitable Trust, by naming the ACLU to receive a bequest through your will or living trust or as a

beneficiary of a qualified plan, the ACLU will receive up to a $10,000 immediate cash match to support ACLU programs, while funds are available. The Legacy

Challenge is an opportunity for you to help generate hundreds or thousands of dollars for the ACLU Foundation, without writing a check.

Both Jack and Beverly participated in the Legacy Challenge, so their future gifts truly have dual impact by ensuring that the ACLU has the resources necessary to

defend freedom for generations to come and, at the same time, provided a cash match that helps us as we stand up against current assaults on liberty.

In the words of ACLU founder Roger Baldwin, "No fight for liberty ever stays won." We hope that you, too, will help the ACLU continue to fight by making the

ACLU your personal legacy.

To learn more about the Legacy Challenge and how to participate, please contact our gift planning

officer Susanna Chase at (415) 621-2493 or schase@aclunc.org, or visit www.aclu.org/legacy.

Photos by Gigi Pandian

REPORTS FROM THE FIELD: YES ON 34 FELLOWS

SHARE THEIR INSPIRATIONAL ASPIRATIONS

By Gigi Otdlvaro-Hormillosa

Fe activist Jackie Kennedy,

the ACLU of Northern Cali-

fornias Yes on 34 Field Fellows

Program was an opportunity

that has inspired her work as a

young activist. She considers her

participation in the program to

be a significant learning process

about how campaign work is a

critical strategy for affecting so-

cial change.

Kennedy was one of eight

remarkable young leaders se-

lected for the ACLU-NC Yes on

34 Field Fellows Program. The

ACLU established the program

to provide these young activists

with advocacy skills, leadership

development, organizing tools,

and critical insight into effective

campaign strategies. The fellows

worked in collaboration with the

ACLU-NC and campaign staff.

Through their regular par-

ticipation in retreats, weekly

conference calls, email commu-

nications, street outreach, and other community events, the

fellows served as leaders in their communities for Yes on 34,

which lost by a very narrow margin. (See page 5 for more

details about the election.) In October, the fellows visited Sac-

ramento and met with a criminal justice lobbyist who spoke to

them about different strategies for advocacy, career paths, and

important civil liberties issues.

Through their dedication, commitment and hard work, the

fellows significantly contributed to Yes on 34. In the aftermath

of the campaign, the ACLU is proud to report that many of

the fellows continue to remain active in various ACLU chap-

ters, the Campus Network, and in their own communities.

In December, three of them attended Bill of Rights Day and

were honored on stage: Jackie Kennedy, Kimberly Soeiro, and

Tess Ahmad. Below, two of these honorees and their colleague

Miles Prince share their personal stories:

Tess Ahmad

My entire view of social reform has changed, from reform as

an elusive ideal to reform as a practical, attainable commu-

nity effort. The fellowship enhanced my sense of self-efficacy

by providing me a quick overview of campaign organizing

Field Fellows Tess Ahmad and Jackie Kennedy.

_BILL OF RIGHTS DAY

and allowing me to wit-

ness my outreach efforts

garner authentic support.

Although Prop 34 didn't

pass, the fact that millions

of Californians recognized

that the

doesn't work attests to the

death penalty

quality of this cause and

the hard work of those who

supported it.

Miles Prince

Organizing in the greater

Sacramento area during Yes

on 34 connected me with

voters from a wide spectrum

of political, social, and eco-

nomic orientations. Being

able to engage with all of

them showed me how uni-

versal our cause was and how

the right messaging could

lead to its inevitable success.

I have realized that no

one faction or community

is enough when tackling an issue as massive as ours. For our

most pressing causes, we must continue building coalitions

and connections with groups and people across different lines.

The more unlikely our allies, the more fruitful the results.

Jackie Kennedy

The moment that I'll carry with me forever was after the cam-

paign, when we were analyzing the electoral loss. To learn that

the campaign that I helped with had closed the public opinion

gap in California on the death penalty from 40 to four percent

crystalized for me that my work and time with the ACLU

had produced real change, and invigorated me for the work

ahead. After working directly with the ACLU and tasting the

excitement of the campaign, I know that I will always be a

direct agent of social change. After I get my bachelor's degree,

I plan to pursue a Master's of Public Policy or Public Admin-

istration, so that I can work in an advocacy role against laws

that reinforce systems of oppression, and for laws that increase

equality and equity.

Gigi Otdlvaro-Hormillosa is a Policy e Organizing

Program Assistant at the ACLU of Northern California.

The ACLU of Northern California's annual Bill of Rights Day celebration took place on December 9, 2012.

Left to right: The Monterey County Chapter received the Dick Criley Activist Award; ACLU activist Barbara Brenner was honored

with the Lola Hanzel Courageous Advocacy Award [pictured with former ACLU-NC Executive Director Dorothy Ehrlich presenting

her the award]; Anti-death penalty advocate Jeanne Woodford was awarded the Chief Justice Earl Warren Civil Liberties Award.

Join us for the ACLU of

California's 2013

Conference and Lobby Day

For more information or to register:

WWW ACLUCA ORG

GET INVOLVED!

CHAPTERS AND CLUBS

IN YOUR COMMUNITY

Northern California Chapters

Alameda County Paul Robeson

Berkeley/North East Bay

Chico

Greater Fresno

Mt. Diablo

Marin County

Mid-Peninsula

Monterey County

North Peninsula (Daly City to San Carlos]

Redwood (Humboldt County]

Sacramento County

San Joaquin County

Santa Clara Valley

Santa Cruz County

Shasta-Tehama-Trinity Counties

Sonoma 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

advocacy efforts.

On Jan. 8, Gov. Brown declared that the

prison crisis in California is over. What's

your take on his announcement?

AH: It's hard to see how the prison crisis can be "over"

when the state crams nearly 120,000 people into pris-

ons designed to hold no more than 80,000 people. We

have the second highest recidivism rate in the country.

We spend over $10 billion annually on prisons and

jails. We spend much more on incarceration than on

colleges, while dramatically hiking tuition rates at our

public colleges every year. By any reasonable metric,

this is a continuing crisis. It is a crisis, however, that

can be solved.

California's prison realignment plan has

helped the state make significant strides

toward reducing its prison population

by shifting responsibility for low-level

offenders to the counties. What more

needs to be done?

MD: `The underlying problem that has yet to be ad-

equately addressed is that California continues, at an

enormous cost to taxpayers, to lock up far too many

people in its prisons and jails, for far too long, who

do not need to be behind bars to keep the public safe.

Nearly two-thirds of the people in jail in this state are

merely awaiting trial, and the vast majority of them have

had bail set by judges who found them safe to release,

but they remain locked up because they are too poor to

post bail. We must seek alternatives to incarceration on

the front end, and rehabilitation and re-entry services

on the back end.

What other things could we do to further

reduce the prison population?

MD: Sentencing reform, especially for low-level,

non-violent drug crimes, is an obvious place to start.

The California Department of Corrections and Reha-

bilitation has itself acknowledged that changing the

penalty for some of these drug crimes from felonies to

misdemeanors would further reduce the population

in our crowded prisons. Nationally renowned prison

expert James Austin recently testified in federal court

that if made permanent and retroactive, this simple

change would significantly reduce the state's prison

population in just a matter of months.

Gigi Pandian

ASK THE EXPERTS!

Criminal Justice and Drug Policy

The ACLU's statewide Criminal Justice and Drug Policy team, with staff in all three California affiliates and a dedicated

advocate in Sacramento, strives to maintain safe and healthy communities by working to create a criminal justice

system that is fair, protects the public's safety and which doesn't waste taxpayer resources. Allen Hopper is the

director of the statewide team. He previously was the litigation director of the national ACLU's Drug Law Reform

Project. Micaela Davis is a staff attorney who engages in local police practices advocacy and as well as the statewide

Micaela Davis and Allen Hopper.

Last year, you supported SB 1506, the bill

in the state legislature that would have

reduced the penalty for some drug crimes.

What challenges did the bill face?

AH: Despite support from a broad coalition of commu-

nity and advocacy groups and a wide swath of California

voters across geographic location and political affiliation,

the bill died on the Senate floor. The only opposition to

the bill came from law enforcement, as the statewide as-

sociations of sheriffs, police chiefs and district attorneys

all opposed the bill. But we are sponsoring a similar bill

this year, and Sen. Mark Leno agreed to author it for us

again. We plan to push our elected officials even harder

this time to listen to the will of state voters and enact

this modest but important sentencing reform.

What can be done to reduce California's

high recidivism rate?

MD: We must start prioritizing rehabilitation over in-

carceration. Expanding earned time credits for all state

prisoners and jail inmates who participate in the kinds

of education, rehabilitation and job training programs

proven to have a meaningful impact upon recidivism

rates would also have a significant impact upon the size

of the state's incarcerated population.

Bringing California's prison credit rules into line

with other states would further encourage prison-

ers' good behavior and help ensure they successfully

transition back into the community without commit-

ting additional crimes. It would shrink the total state

prison population over time by tens of thousands of

inmates.

What do you see as the biggest obstacle

preventing the kinds of criminal justice

reforms needed in California from being

enacted?

AH: The law enforcement lobby in Sacramento

continues to wield outsized influence contrary to

the will of California voters who_overwhelmingly

support common sense criminal justice reform. Cali-

fornia deserves better than the governor's insistence

that nothing beyond realignment can be done, and

a state legislature which, based on outmoded fears

of being labeled soft on crime, refuses to enact com-

mon sense reforms that could work in conjunction

with realignment to safely reduce the number of

people behind bars.

Our leaders in Sacramento need to start listen-

ing to the people who elect them. There's no ques-

tion that prison populations and crime rates can be

lowered simultaneously. Since 2007 in California

in fact, the prison population has been lowered by

nearly 40,000 inmates at the same time overall crime

has dropped by 11 percent and violent crime has de-

creased by 17 percent. But now our political leaders

in Sacramento need to step up and follow through

on further reforms. @

This interview was conducted and compiled by

ACLU-NC Senior Communications Officer Will

Matthews.