vol. 79, no. 1

AMERICAN CIVIL LIBERTIES UNION

4 Fighting for a more just and

humane immigration system

6 Expanding advocacy in

Sacramento: The new ACLU of

California Center for Advocacy

and Policy

10 Racial

injustice

and

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San Francisco, CA

American Civil Liberties Union Foundation

39 Drumm St.

San Francisco, CA 94111

OF NORTHERN CALIFORNIA

HOMELESS RIGHTS IN TULARE

By Jessie Seyfer

he small Central Valley city of Tulare is not necessarily a place that

springs to mind when you think of social justice activism. But

this sleepy city has been a hotbed of activism for the ACLU recently,

especially on policing and homelessness.

Tulare activist Daniel Lawrence

A key issue around how local police were treating the

homeless residents came to the fore early last year, said Pam

Whalen, the ACLU of Northern California's lead Central

Valley organizer. Police were citing homeless people for

violations such as loitering, and if the homeless person

wished to challenge the citation, they were still required to

pay the entire fine upfront, on the grounds that it would

be returned to them if they won their challenge. But this

requirement imposed an unjust and impossible burden on

the accused individuals, who were being financially penal-

ized before being convicted of any crime.

"The city was out of compliance with the Constitution,"

Whalen said.

Activist Daniel Lawrence faced this problem firsthand

when he was cited for disorderly conduct, then required

to pay a fee upfront to challenge the citation. "I knew |

wanted to fight it. There's no way I can come up with $100

for justice."

Whalen, Lawrence, and others moved into action,

mounting a multi-pronged campaign. The ACLU of

Northern California sent a letter to the Tulare City Coun-

cil outlining the Constitutional concerns and demanding

change, held workshops to educate the homeless commu-

nity on their rights in interactions with police, reached out

to local law enforcement to work together on a solution,

and helped organize homeless individuals to testify at a city

council meeting on the issue.

As a result, the city changed its tune.

"Over a six-month period of time, the city went back

and modified their ordinance and made a hardship waiver

so that folks who couldn't afford it would not have to pay,"

Whalen said. "That was a victory for folks."

Buoyed by this success and by the momentum of the

Tulare activism, the ACLU and other groups organized a

Homeless Summit. This November event allowed com-

munity members, business leaders, homeless residents, and

CONTINUED ON PAGE 5

Emery Jones

LETTER FROM THE EXECUTIVE DIRECTOR

s this newsletter reaches you, the United States

Supreme Court is set to hear arguments in land-

mark cases related to the freedom marry for same-sex

couples that the ACLU and our partners are spear-

heading. This follows on the heels of ACLU's 2013

victory in Windsor v. United States in 2013, which

struck down key provisions of the federal Defense of

Marriage Act.

In the arguments before the court now, the U.S.

Supreme Court will consider two questions:

1. Does the Fourteenth Amendment require a state

to recognize a marriage between two people of

the same sex?

2. Does the Fourteenth Amendment require a state

to recognize a marriage between two people of

the same sex when their marriage was lawfully

licensed and performed out-of-state?

What the Supreme Court decides, and how they

will arrive at that decision, are things we will know be-

fore the end of the Supreme Court term on June 30.

What we also know is that it has been a long road

to get here.

For the ACLU, this road began decades ago when

we began our work on behalf of LGBTQ equality

and filed the first freedom to marry case long before

the courts and public were ready for it. For me per-

sonally, I remember working alongside the ACLU

on the No on Proposition 22 campaign in 2000

(a ballot measure that restricted marriage in Cali-

fornia to same-sex couples). I remember volunteers

coming back from precinct walks drenched (it used

to rain back then) but not dispirited. We lost that

initiative badly, and closed the gap but lost again

with Proposition 8 in 2008. But we kept marching

forward and bringing more of the public with us

each time.

Today, public opinion is solidly in favor of mar-

riage for same-sex couples. But the road doesn't end

here.

We have a lot of work to do to ensure religion

is not used as a reason to discriminate. In many

states, we will also have to secure anti-discrimination

Protections, so that LGBIO people can be

themselves in all aspects of their lives. In too many

states-even some with marriage for same-sex

couples-an employer can fire someone based on

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Membership ($25 and up) includes a subscription to the

ACLU News. For membership information call

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

CHAIR

EXECUTIVE DIRECTOR

= Oa O Reel N ets as fa

MANAGING EDITOR

@ DESIONIER

PROOFREADER

Beverly Tucker

Abdi Soltani

Rebecca Farmer

Gigi Pandian

Jessie Seyfer

39 Drumm Street, San Francisco, CA 94111

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

their sexual orientation. This means that, in some

states, you can get married to a same-sex partner but

if you put a picture of your spouse on your desk at

work, you could lose your job.

people

California and throughout the country. We're

working to make sure that schools respect students

gender identity and gender expression. We're also

working to make sure that transgender and gender

Transgender face discrimination in

nonconforming adults are treated with fairness

and respect at work and in public spaces. We're

talking about basic things like being able to use the

bathroom that matches your gender identity.

`The recent victories in the freedom to marry for

same-sex couples creates momentum for LGBTQ

rights. We continue marching forward to ensure

full equality for LGBIQ people in all aspects of

their lives.

Thank you for walking with the ACLU.

Abdi Soltani

Executive Director

Quinn Delaney, recipient of the Lola Hanzel

Courageous Advocacy Award

Gigi Pandian

BILL OF RIGHTS DAY

ny Deee 7, ACO members eathered toneclcinace

Bill of Rights Day. In addition to the usual fes-

tivities, we celebrated the 10-year anniversary of our

Technology and Civil Liberties Project. Photos from

the event are below.

ACLU-NC Organizer Tessa D'Arcangelew [left] with

Field Fellows Jose Quezada, Lucia Perez Loera,

Daniel Etler, Katherine Wang, and Andrea Ramos

Members of the Alameda County Paul Robeson Chapter,

which received the Dick Criley Activism Award

ACLU-NC board members Michael Washington,

Cynthia Carey-Grant, Yomi Wrong

Pamela Samuelson, recipient of the Chief Justice Earl

Warren Civil Liberties Award

of Rights Day photos by Stephanie Jaeger

REMEMBERING AL BENDICH

By Abdi Soltani

1 Bendich, the ACLU of Northern California's staff

counsel from 1957-1960 who continued to be a dear

friend, teacher, and supporter of the ACLU for the rest of

his life, has passed away.

Ditties mime ae tac ACLU, ie argued the land-

mark Howl case, defending City Lights bookstore owner

Lawrence Ferlinghetti from prosecution when he published

Allen Ginsberg's famous poem. His impact on Howl and

many other cases was critical to protecting the free speech

that we exercise today.

Al Bendich's ACLU work on free speech, privacy, and

equality may be 50 years old, but it laid the foundation for

the rights we have now. He will always be remembered for

what he did for the First Amendment.

An equally deep interest he had was economic inequality.

He grew up in the Great Depression, so he carried with

him a lifelong concern about poverty, inequality and the

concentration of wealth and power-and the threat that

poses to our democracy.

He lived through and spoke up in the McCarthy era, so

he had a keen sense of the ways the government can intrude

on people's privacy and abuse its power to suppress ideas

and free association.

He was at the front end of a new generation of advocacy

concerning the intersection of race, poverty, and privacy,

bringing a novel case to limit the power of police to raid

and search the homes of people who were on public as-

sistance.

At a time when so many in our country are engaged in

protest, when economic inequality is at a peak, when our

Stephanie Jaeger

privacy is intruded upon at a scale unimaginable even by

Joseph McCarthy, and when the abuse of power by police is

so front and center, the work and life of Al Bendich is part

of our legacy.

Va

information on our current immigrants' rights work.

A NIGHT FOR IMMIGRANTS' RIGHTS

he night before President Obama issued an executive order to provide administrative relief from deportation

for 4 million undocumented immigrants, the ACLU of Northern California joined our Freedom Circle

supporters in Palo Alto to discuss the impact and challenges of our immigrants' rights work. See page 4 for more

Left to right: Sara Matlin, Kimberly Hallinan, Narcinda Lerner, Alisa Thomas, Lawrence Lerner,

Frank Ching, Rhiannon Sutphen, Cori Stell, Charley Kearns

S

Left to right: Julia Harumi Mass, Kiran Savage-Sangwan, Daniel Galindo,

Jeanine Crider, Paul Crider, Kathleen Bennett

If you would like information about the Freedom Circle, please contact Elisa Perez-Selsky at giving @aclunc.org.

Al was a quintessential ACLU leader because he held all

these principles and values equally and saw how they fit

together. He was helping us think through these very issues.

He knew how busy we are at the ACLU every day with

timely and urgent work, but he encouraged us to take time

to think and reflect. We had talked about him returning to

the ACLU office after his retirement. What I loved about

Al was that he did not reduce difficult questions facing our

country and world to simple slogans, and neither should

we. So that was our vision-that after a 57-year "sabbatical"

as staff counsel granted to him by our first director, Ernest

Besig, and extended by Ernie's successors-that | would

greet him back at the office as friend, teacher and advisor to

serve not as staff counsel, but as counsel to our staff.

Al inspires us to think more deeply. And he inspires the

next generation of our work to advance the constitution

and the country that he loved and made better, more free,

and more equal.

Thank you for your counsel, Mr. Al Bendich. @

Read more about Al Bendich at www.aclunc.org.

Abdi Soltani is the Executive Director of the ACLU

of Northern California. Inspired by the conversa-

tions Abdi had with Al, the ACLU-NC will be

launching a series of public conversations about

campaign finance and its impact on democracy. Stay

tuned for more.

le

REMEMBERING ALICE FIALKIN

73s Fialkin, who was a longtime and cher-

ished volunteer member of the ACLU of

Northern California, passed away on Jan. 22, 2015

after complications from cancer. Alice participated

in various boards and committees, including serv-

ing on the Board of Directors and the Defenders

of the Bill of Rights Committee. In 2008, Alice

began volunteering as an ACLU-NC Civil Liber-

ties Counselor. Her role was integral to the work

of the organization, including being the front-line

voice for members of the general public as well as

discovering potential cases for litigation and advo-

cacy efforts. Alice assisted hundreds of individuals

all over Northern California who were in need of

legal help, community services, or an empathetic

ear. Although her job was often a difficult one,

Alice approached her work with great enthusiasm,

patience, and compassion. She always maintained

a pleasant and cheerful disposition, even under the

most trying of circumstances.

Alice loved to travel, participated in several

marathons, and was an avid bird watcher. She was

also wholly dedicated to her work and was a fierce

advocate for civil rights and civil liberties. She was

a strong leader and community activist within

the Bay Area. Prior to retirement, Alice worked

as a San Francisco MUNI employee for 33 years

and served as president of the Transport Workers

Union Local 200 for 10 years.

The ACLU of Northern California is grateful

for Alice's many years of service within the organi-

zation. Her tenacity and generous dedication will

be greatly missed. @

hd

YOUR RIGHTS WITH AN AB 60 DRIVER'S LICENSE

Since the mid-'90s, when lawmakers eliminated the right of undocumented people to have a drivers license, the ACLU has worked to restore that right.

AY bia Gov. Jerry Brown signed AB 60: `The Safe and Responsible Driver Act, he ushered with it a new

era of immigrant integration and road safety. The law, which went into effect in January 2015, al-

lows all eligible Californians to apply for a driver's license, regardless of immigration status. But these new

licenses will look slightly different than others. On the front they read: "federal limits apply." On the back

they read: "not acceptable for official federal purposes." For this reason, the ACLU is working to ensure that

AB 60 license holders know their rights when they come into contact with state and local law enforcement

(such as California Highway Patrol, Sheriff, or police officers).

AB 60 represents an important step toward getting more drivers licensed, tested, and

insured. Its largest and most immediate impact will be in the day-to-day lives of an

estimated 1.4 million Californians. It means our friends, siblings, parents, and neighbors

will be able to drive without fear of having their cars impounded, being ticketed, or left

stranded by the side of the road for not having a license.

If you or someone you know has an AB 60 license, here are some key points:

= AB 60 licenses are valid California driver's licenses.

@ Local and state law enforcement must accept AB 60 licenses as they would any

other state-issued license or identification (i.e., for citations, whether the holder is

driving or not).

= Law enforcement is prohibited from using an AB 60 license to consider someone's

`There are, however, certain instances when one should use caution:

= An AB 60 license holder might put him or herself at risk if they show their driver's

license to law enforcement in another state, depending on the laws and policies of

that state.

@ People shouldn't try to use their AB 60 license to enter restricted areas in federal

facilities.

m It's recommended that people don't use an AB 60 license to pass through TSA at

an airport, and instead use another form of identification, like a passport.

@ People shouldn't try using their license to prove their identity with federal law

enforcement officers, including Immigration and Customs Enforcement and

Customs and Border Patrol.

immigration status as the basis for a criminal investigation, arrest, or detention.

m State or local agencies or officials, or any program that receives state funds, are

prohibited from discriminating against someone because they hold or present an

AB G0 license.

It is also important to remember that anything someone says can be used against them

when talking to or in front of law enforcement, so we recommend people don't discuss their

immigration status, citizenship, when they came to the U.S., or where they're from. @

If you think you or someone you know have been discriminated against by law enforcement

because of an AB 60 license, please call (415) 621-2488 or visit https:/;www.aclunc.org/

our-work/get-help to report it. Read more about AB 60 at drivecalifornia.org.

FIGHTING FOR A MORE JUST AND ( oo syiauarummass

HUMANE IMMIGRATION SYSTEM

7 our founding in 1920, when the ACLU challenged mass de-

portation of radical leftists in the Palmer Raids, we have stood for

the principle of fair treatment and due process for all people. In recent

years, the ACLU has fought an uphill battle to protect and advance

the fundamental rights of immigrants struggling with our country's

dysfunctional immigration system. And time and again, we have come

to the conclusion that our immigration system is broken.

For example, the Department of Homeland Security has

unlawfully dragged its feet with certain asylum cases, all the

while forcing the asylum seekers to languish in immigra-

tion detention. This senseless detention comes at a great

fiscal cost to taxpayers and at an even greater human cost to

detained immigrants and their families.

Under current law, the process should be straightforward:

when someone is put in removal proceedings, but expresses

fear of returning to his or her country of origin, the gov-

ernment must conduct a screening interview to determine

whether they can proceed with

their claims before an im-

migration judge. This is done

through a "reasonable fear in-

terview" conducted by an asy-

lum officer and must happen

within 10 days. However, the

government routinely delays

these interviews for months

Tee SOLU

PROBLEM [5 SIMPLE.

THE GOVERNMENT

o

FOLLOW ITS OWN El

and, in some cases, for over a year beyond the required 10-

day period. The solution to the problem is simple: the gov-

ernment should follow its own rules. But since it has not,

the ACLU filed a lawsuit against the government last year.

A federal immigration judge denied the government's

motion to dismiss our lawsuit and granted our plaintiffs'

nationwide class certification. In the order, the court also

found that "the agency appears to have ignored the regula-

tory deadline altogether" and that "regardless of the stated

reasons for adjusting its deadlines, however... the agency

was not free to disregard that

regulation." Although the

ON TO THE case continues, we are hope-

ful that it will ultimately

bring us one step closer to a

HOULD more just and humane pro-

ies cess for immigrants and their

vee families. @

HONORED FOR WORK TO

STOP IMMIGRANT SHACKLING

EF year, California Lawyer magazine awards a

select few attorneys for its Attorneys of the Year

Award. This year, ACLU-NC senior staff attorney

Julia Harumi Mass will be celebrated for her work

on the unjust blanket policy of shackling all im-

migrants appearing in immigration court in San

Francisco.

Until recently, all detained immigrants appear-

ing in civil immigration court in San Francisco

were forced to give critical testimony while re-

strained by shackles and chains at the wrists, waist,

and ankles. They were also forced to endure hours

of shackling while being transported to and from

the courthouse.

The practice not only stripped them of their dig-

nity, but aggravated previous injuries and was trau-

matic for immigrants who had suffered from torture

and domestic violence in the past.

The ACLU and our partners filed a class action

lawsuit against the federal government, and in 2014

the District Court approved a settlement agreement

that would end the blanket policy of shackling all

immigrants appearing in San Francisco's immigra-

tion court.

Read more about the ACLU-NC ' work to advance

immigrants rights ae www.aclunc.oreg/issue/

immigrants-rights.

HOMELESS RIGHTS IN TULARE CONTINUED FROM PAC |

social services providers to come together and discuss con-

cerns and possible solutions to Tulare's homelessness issues.

"We had homeless people who gave testimony, we had

someone come from the downtown association [of busi-

nesses]," Whalen said. "From there, we came up with a

broad outline of things we wanted to do. Since then we've

been meeting on a monthly basis."

Given the increased activism around homelessness and

other issues-(see sidebar, at right, on the ACLU's DA and

Sheriffs race activities)-the ACLU decided to establish

an official chapter in Tulare in the fall. The recognition of

Tulare is heartening, Whalen said.

"Pm really proud of ACLU for being willing to come to

the Valley," she said. "People in the Valley really don't have

access to very many resources and a little bit of help goes a

really long way."

The ACLU won a landmark $2.35 million class-action

settlement between a class of hundreds of homeless Fresno

residents and the City of Fresno in 2009. @

Daniel Lawrence's Testimony

Daniel Lawrence, 30, is a Tulare resident who has

been homeless off and on for several years. Currently

living in an apartment, he is a student at College of

the Sequoias and hopes to become a lawyer. Lawrence

was cited for disorderly conduct and fought the now-

changed ordinance that required cited individuals to pay

their entire fine upfront if they wished to challenge their

citation. He is now very active in justice issues and sits

on the board of the ACLU's Tulare chapter. This is an

excerpt of his testimony at the ACLU-organized Tulare

Homeless Summit on Nov. 15, 2014:

"There are a lot of problems that the homeless face here

in Tulare. There are no safe places to sleep. You have

to sleep somewhere and once you sleep in a public

place you're breaking the law.... I was born and raised

in this town, and to be treated as though I'm not

(ce :

Daniel Lawrence

welcome in my own town because I'm homeless... I

was really outraged by that. So that's one of the rea-

sons why I wanted to bring the homeless together.

To stand up for ourselves, speak on our own behalf.

I have no intention of stopping... 'm committed to

improving things here in Tulare for the homeless. So

that way everyone has a safe place to sleep.... You may

think personal possessions may not be very important

to homeless people. But some people are mentally

ill such as myself and have to take medication, and

[when their possessions are taken away] people end

up getting their medications stolen. They need a

safe place to store that so they have that available to

them. Also showers, clean clothes. It's not only good

for people's health, but also if a person wants to get

off the streets and get a job.... The stigma associated

with homelessness is wrong and I'm living proof

of that. I'm not a dangerous person. If anything,

I'm scared of people because I have social anxiety.

Emery Jones

a

SPOTLIGHTING THE

IMPORTANCE OF

DISTRICT ATTORNEY

AND SHERIFF'S RACES

he District Attorney and Sheriff are two

powerful elected officials. Last year, the

ACLU of Northern California organized a highly

successful District Attorney and Sheriff election

public education event in Tulare County, as part

of its ongoing statewide work to help commu-

nities understand key issues around these very

powerful positions.

The Tulare County candidates' forum was held

in April 2014 and attracted about 150 attendees

and all candidates-the most so far of the ACLU's

Tulare candidate forums.

"Tt was standing room only," said Pam Whalen,

the ACLU of Northern California's lead Central

Valley organizer. "Oftentimes there's not really a

lot of attention on the sheriffs race especially. Both

positions are very, very powerful. Oftentimes the

races are not even contested. I think it definitely

L affected the conversation." @

ey

I'm proud to call the homeless people here in Tulare

family. If it wasn't for them I wouldn't be here....

I prefer the term house-less. I never felt homeless

because Tulare is my home. That's why I decided

to stay here and fight. Hopefully we can all work

together and provide a better future for the entire

community. Thank you." @

LEGAL UPDATES

By Bethany Woolman

People v. Buza

The ACLU of Northern California has long been fighting

against a state policy that requires every person arrested

for a felony-including crimes such as simple drug pos-

session or joyriding-to provide a DNA sample that will

be stored in a criminal database accessible to local, state,

and national law enforcement agencies.

The ACLU-NC filed a major federal class-action law-

suit in 2009 that challenged this same law in federal court.

In 2013, the ACLU-NC filed an amicus brief in People

v, Buza, arguing that mandatory DNA collection of this

kind violates the California Constitution.

In a ruling in Buza, the California Court of Appeal

agreed, ruling that the policy "intrudes too quickly and

too deeply into the privacy interests of arrestees." The

California Supreme Court has decided to review the

Case.

Fort Bragg Unified School District

Free Speech Victory

In December, the ACLU of Northern California sent a

letter to the Fort Bragg Unified School District after the

District forbade student athletes from wearing "I Can't

Breathe" T-shirts to a basketball tournament.

The students decided to wear the shirts during warm-

ups to show support for the Black Lives Matter move-

ment. In addition to banning the shirts, the District

prohibited students from protesting this violation of free

speech. "In our constitutional democracy, the government

cannot lawfully silence its critics," said Senior Staff At-

torney Michael Risher.

Hours after receiving the ACLU's letter, the District

announced that the ban had been lifted.

Note from the Managing Editor: The day of this

victory, two Pitzer College students were visiting me

on a job shadow. The students got to experience an

exciting day of civil liberties work in action, but

we had to explain that it's not every day we secure a

victory within hours!

City and County of San Francisco v.

Sheehan

The ACLU of Northern California is urging San Francisco

to drop its appeal of a court decision affirming that law

enforcement must be reasonably responsive to the needs of

disabled people.

Teresa Sheehan, who has a psychiatric disability, was shot

five times by police in 2008. Luckily, she survived. Her law-

suit argued that the Americans with Disabilities Act applies

to law enforcement-just as it applies to every interaction

between government and people with disabilities.

Her case is now before the U.S. Supreme Court. "City

Attorney Dennis Herrera could still choose to withdraw

his office's appeal," said ACLU Disability Rights Attorney

Susan Mizner.

ACLU Responds to Excessive Force

Used on Protestors

In December, the ACLU of Northern California filed

Public Records Act requests with the California Highway

Patrol, the Berkeley Police Department, and the Oakland

Police Department after their aggressive response to Black

Lives Matter protests across the Bay Area.

Police response showed disturbing signs of a familiar

pattern-the use of excessive force against demonstrators,

particularly the use of dangerous weapons such as beanbag

projectiles and "flash bang" grenades.

"We want to determine whether the police tactics were

lawful and constitutional, and whether the policies regard-

ing the use of force against demonstrators reflect consti-

tutional limits and best practices," said ACLU-NC Legal

Director Alan Schlosser. (R)

Read more about the ACLU-NC's legal docket at

www.aclunc.org.

EXPANDING ADVOCA

he ACLU is expanding its advocacy work in California through its Sacramento-based leg-

islative office, now known as the ACLU of California Center for Advocacy and Policy.

The new Center, launched in December, acts as the political hub for the ACLU of California,

leveraging the relationships and expertise of the ACLU affiliates. It builds on the strong

foundation of the former Legislative Office, expanding the ACLU of California's political

impact in the Legislature, in the Executive branch, with voters, and with other politically

By Bethany Woolman

engaged organizations and constituencies.

The new center evolved from deep collaboration between the ACLU's Cali-

fornia affiliates. And collaboration has long been a core principle among the

affiliates: we are stronger when we work together and present a unified voice for

civil liberties and civil rights in California.

"The ACLU's Center for Advocacy and Policy is amplifying our legislative

and policy advocacy efforts in the state's capitol," said Center Director Natasha

Minsker, who began her new role in December. "Our goal is to make civil rights

a reality for all Californians."

Minsker transitioned to the position of Center Director after a long and suc-

cessful tenure at the ACLU of Northern California, where she previously served

as Associate Director. Before taking on the role of Associate Director, Natasha

led the ACLU's statewide Death Penalty Project and served as Campaign Direc-

tor for the Yes on 34-SAFE California Campaign, a ballot initiative that sought

to replace the state's broken death penalty.

Minsker is focused on overall management of the center, and is also directly

involved in legislative advocacy. Because strategic outreach is so important, Min-

sker is also coordinating ballot initiative work, developing strategic partnerships,

and deepening relationships with statewide elected officials and candidates.

Also joining the new Center for Advocacy and Policy is Legislative Director

Kevin Baker.

"While the ACLU's robust legislative agenda will continue to include the

protection and advancement of civil liberties and rights of all Californians, the

ACLU's legislative office will place special emphasis this year on privacy issues as

well as police practices and racial justice issues," said Baker.

Baker joins the ACLU after serving as Deputy Chief Counsel for the California

Assembly's Committee on the Judiciary, where he worked on policy issues related

to civil rights, constitutional law, immigrants' rights, and privacy, among other

issues. Baker also previously served as the National Employment Litigation and

Policy Director of the Mexican American Legal Defense and Educational Fund.

In addition to Minsker and Baker, Center for Advocacy and Policy staff

he ACLU of California sponsors dozens of bills each year to protect and advance civil liberties and civil rights for everyone in our state. These are just a few

includes lobbyists and advocates focusing on immigrants' rights, reproductive

justice, LGBT rights, national security, racial justice, economic justice, gender

equality, the First Amendment, education equity, technology and civil liberties,

public safety, and voting rights.

There are other transitions to announce in the Sacramento office. Longtime

Legislative Director Francisco Lobaco has announced his imminent retirement,

though he will continue working with the ACLU of California through the 2015

legislative session. Additionally, Valerie Small-Navarro, who served as a Legisla-

tive Advocate for almost two decades, retired at the end of the 2014 legislative

session. Throughout her tenure at the ACLU, Valerie's dedication impacted a

wide range of civil liberties issues, ranging from digital privacy to immigrants'

rights. The ACLU is so thankful for their passion and expertise.

Legislative advocacy has been the core function of the ACLU's office in Sacra-

mento for decades. The largest percentage of the time and resources of the center

will continue to be directed towards legislation. But a new thrust of the work is

to hold state agencies accountable.

The new center is aiming to develop relationships with a broad range of staff

in critical agencies like the Department of Education, the Board of State and

Community Corrections, the Department of Health and Human Services, and

the DMV-to identify and advance civil liberties issues.

As it grows, the Center for Advocacy and Policy hopes to serve as a resource

for the non-profit sector, connecting communities statewide with the democratic

process. It will aim to provide strategic support to local community groups and

smaller organizations-for example, by helping them understand and navigate

the legislative process, providing meeting space, and amplifying their message.

The ACLU is in a position to use its strength to ensure that the voices of those

directly impacted will be heard in the political process.

The new center will take the ACLU of California affiliates' collaboration and

policy advocacy to the next level, ensuring that the ACLU is one of the most

effective advocacy organizations in the state for many years to come. @

of the bills we're supporting in 2015. Your voice is crucial in passing these and other important legislation.

Sign up for email action alerts to let your legislator that you want them to support ACLU of California-sponsored bills: www.aclunc.org/email.

RACIAL JUSTICE

AB 953 and AB 619 are two important state bills that are addressing the issues of racial profiling and police use of force. These bills

would modernize California's definition of racial profiling, and improve public access to data on profiling and use of force by law

enforcement.

`These reforms are critical because biased policing and racial profiling are not only wrong, but also ultimately undermine community

trust and public safety. California's current law on racial profiling is weak and out of date. It's time to update our definition, like the

federal government has done, and put some teeth into the law.

AB 953 aims to curb the harmful and unjust practice of racial profiling, and increase transparency and accountability with law

enforcement agencies. AB 619 seeks to improve transparency and accountability within law enforcement by increasing public access

to invaluable data on law enforcement use of force.

ACY IN SACRAMENTO

The ACLU of California

is a collaboration of the

three ACLU affiliates in

California: Northern,

Southern, and San Diego.

The Sacramento-based

Center for Advocacy and

Policy is one of many

programs jointly run for

Statewide Impact.

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THE STAFF OF THE ACLU OF CALIFORNIA

WE IMPACI CENTER FOR ADVOCACY AND POLICY

sy

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eit (Or RIG:

Becca Cramer, Legislative Coordinator

Francisco Lobaco, Legislative Advocate

Central Valley

: : Chauncee Smith, Racial Justice Advocate

Salelite office

Kevin Baker, Legislative Director

Natasha Minsker, Center Director

Katherine Williams, Legislative Advocate

Mica Doctoroff, Legislative Advocate

Raul Macias, Voting Rights Attorney

Steve Meinrath, Advocate

TECHNOLOGY and CIVIL LIBERTIES

The California Electronic Communications Privacy Act (SB 178) protects Californians against warrantless government access to

our digital information. It's an important update to California privacy law that safeguards information stored on mobile devices

or online services, sensitive emails, text messages, photos, contacts, passwords, and location information. Law enforcement needs

a search warrant to enter your house or get documents from your filing cabinet. Your electronic information stored with Internet

companies should have the same protections. The ACLU of CA joined forces on this bill with top tech companies like Apple,

Google, and Facebook, because Californians should not have to choose between using new technology and keeping their personal

lives private, and because technology companies shouldn't be burdened with privacy laws stuck in the digital dark ages. (Read more

about SB 178 on page 8.)

EDUCATION EQUITY

Thousands of high school students across California are tracked into so-called fake classes, where they are given meaningless credits for

sitting at home, in the office, or taking a course they've already passed. AB 1012 would limit the current practice of schools offering

classes without educational content and would establish a process for supporting school districts that rely on instruction-free classes.

No school should warehouse students in fake classes just because it lacks the resources or capacity to deliver academic offerings needed

to educate and engage all of our students. This is a common problem especially in schools that serve students of color.

Stacy Antonopoulos

EQUAL EDUCATION OPPORTUNITY FOR CALIFORNIA'S

PREGNANT AND PARENTING STUDENTS

The ACLU-NC' vision for reproductive justice means access to contraception, abortion, and comprehensive

By Angelica Salceda

sexual health education. It also means supporting women and their families. Our newest report takes a look

at the barriers to education opportunity that pregnant and parents students in California face. When schools

stigmatize or shame teens who are pregnant or who are parents, and when they prevent these students from

taking college-prep courses, it's a fundamental issue of sex discrimination and education inequity.

regnant and parenting students have a right to the same educational

opportunities as other students. Federal and state law protects these

students from discrimination and harassment, and prohibits their ex-

clusion from classes or extracurricular activities.

But students' real-life experiences do not reflect these

protections. And unfortunately, there is a widespread lack

of awareness among students and school administrators of

the rights of pregnant and parenting students.

The ACLU is working to bring these rights to the at-

tention of policymakers and school administrators, and

to ensure that this unique population of students has the

necessary resources and programs to succeed in school and

as parents. Our new report, Breaking Down Educational

Barriers for Californias Pregnant and Parenting Students,

found that pregnant and parenting students face an ar-

ray of institutional barriers that obstruct their path to

educational success-despite their desire to succeed and

graduate.

For instance, students interviewed during the course

of our research reported being pressured-and in some

cases, required-to transfer into continuation school be-

cause they were pregnant. Gaining access to college prep

classes proved particularly difficult. Students reported

being shamed and judged by school staff who seemed to

have given up on them. Overly punitive absence policies

were also a major barrier to success. One student was only

UPDATING DIGITAL PRIVACY

LAW IN CALIFORNIA

he ACLU of California has organized a powerful co-

alition with top tech companies like Apple, Google,

Facebook, and Twitter to sponsor the California Electronic

Communications Privacy Act (CalECPA) this year. The

bill, SB 178, will be one of our top legislative priorities

because police should have to get a warrant before getting

access to our digital data.

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ROUNAL LIFE PRIVALE

In the wake of the Edward Snowden's revelations, Ameri-

cans are increasingly concerned about warrantless govern-

ment access to their digital information. But it's not just the

NSA. Local law enforcement is taking advantage of out-

dated privacy laws to turn our mobile phones into tracking

devices and getting access to our email, text messages and

digital documents.

They shouldn't be able to spy on us without a warrant.

And we shouldn't have to choose between using technology

and keeping our personal life private. @

Read more online at www.aclunc.org/calecpa.

given five days to recover from her cesarean section. Other

students reported being refused the opportunity to make

up work when they missed school for medical reasons re-

lated to their pregnancy.

The report provides both state and local-level recom-

mendations to address the needs of pregnant and parent-

ing students. Top recommendations include ensuring that

lactating students have access to a private, secure room

to breastfeed or pump milk. The report also recommends

that schools should provide full access to college-track

courses. Ihe ACLU of California and California Latinas

for Reproductive Justice are working with Assemblymem-

ber Cristina Garcia on legislation that will require high

schools to provide lactation accommodations.

ine cinveMt (c) Daluocls On ter tiehis aralmceccsm on

pregnant and parenting students can break down bar-

riers to success. Providing specific programming is the

most effective way to improve educational outcomes for

this population. And the way schools implement these

policies can mean the difference between a student who

doesn't graduate high school and a student who goes on

to college.

In the end, it's simple: pregnant and parenting students

can thrive when they have the support they need and that

the law requires. @

Read the report and find out more about the rights of preg-

nant and parenting students online at www.aclune.org/

issues/reproductive-justice.

Angelica Salceda is the Reproductive Justice Fellow at the

ACLU of Northern California.

MAKING SMART DECISIONS ABOUT SURVEILLANCE

"There ain't no such thing as a free lunch." That saying has

never been truer in an era where technology always seems

to promise something for nothing. Dig deeper, and you'll

always find there's a hidden cost-one you might not be

happy to pay.

When a city starts talking about getting surveillance

drones or cameras, that should be our signal to make sure

that policymakers ask and answer the right questions. Why

surveillance? What are the costs and risks? Is the entire

community engaged in evaluating

the proposal? Are policies in place

to safeguard rights if it moves for-

ward? It's essential to have a robust

public debate and carefully exam-

ine all of the costs before launching

a surveillance program that may

infringe upon rights, eat away at

a budget for years, and even erode

trust in law enforcement and make

the community less safe.

Up and down the state, basic

transparency, oversight, and ac-

countability for invasive surveil-

lance technology has become the

exception, not the rule. And there

are few resources to help commu-

nities make thoughtful and legal

decisions about surveillance.

That's where Making Smart Decisions about Surveil-

lance: A Guide for Communities comes in. This new

ACLU of California guide highlights smart approaches

and missteps to avoid. It also includes information about

preparing a Surveillance Impact Report and a model Sur-

veillance and Community Safety Ordinance to ensure that

proper democratic process is followed every time.

Policymakers and ACLU chapter leaders in Santa

Cam, Sanz Clee Cowan, Sam

Francisco, and Oakland are already

working to enact surveillance ordi-

nances and there's a toolkit to help

you work on these issues too. By

working together, we can make sure

our communities are making in-

formed decisions about surveillance

that recognize and address the costs,

risks, and alternatives. @

Read the guide online at www.

aclunc. org/smartaboutsurveillance

Concerned about surveillance tech-

nologies coming to your commu-

nity? Contact Tessa D'Arcangelew

at tdarcangelew@aclunc.org to get

involved.

CREATING INCLUSIVE SCHOOLS: IMPLEMENTING

THE SCHOOL SUCCESS AND OPPORTUNITY ACT

By Anna Salem

LE early February, I joined thousands of activists from across

the country for the largest LGBTQ conference of the

year, Creating Change. It was not your average conference.

`There were powerful protests and conversations that are de-

monstrative of the unknown future and tension within the

LGBT movement. With marriage equality in sight, many

LGBT activists are asking, "What is the next fight?"

While the ACLU has been heavily involved as a leader in

many of the state and national struggles for marriage equal-

ity, we have also maintained strong LGBT advocacy outside

the marriage context. In California, much of that work has

focused on the rights of transgender youth, including the

ACLU's work to pass and implement the School Success

and Opportunity Act (AB 1266).

AB 1266 is one of the first laws in the country that makes

it explicit in the state Education Code that transgender

students must be given the same opportunities as other stu-

dents. In particular, the law says that transgender students

can use bathrooms and join school activities that match

their gender identity. The law went into effect in 2014, but

unfortunately, many districts have been slow to fully imple-

ment the law. The good news is that they are looking for

guidance on how to do so.

`a

GLOSSARY OF TERMS

The definitions below are commonly accepted,

but individuals may use words differently in some

contexts; it is crucial to respect the language a person

uses to identify themselves.

GENDER: Complex relationship between physical

traits and one's internal sense of self as male, female,

both or neither, as well as one's outward presentations

and behaviors.

SEX: The biological attributes and characteristics

that are used to assign individuals as "female" or

"male." There are a variety of naturally occurring con-

ditions that belie this assumed physical dichotomy.

GENDER NONCONFORMING: A person whose

behaviors or gender expression falls outside what is

considered typical for their assigned sex at birth.

TRANSGENDER: A term for people whose sex as-

signed at birth is different from their gender identity.

CISGENDER: A term for people whose gender

identity aligns with the sex they were assigned

at birth,

GENDER IDENTITY: A personal, deeply-felt sense

of being male, female, a blend of both, or neither.

Our sexual orientation and our gender identity are

separate, distinct parts of our overall identity.

GENDER EXPRESSION: How a person expresses

their gender through outward presentation and be-

havior. This includes, for example, a person's name,

clothing, hair style, body language, and mannerisms.

TRANSITION: The process through which some

transgender people begin to live as the gender

with which they identify, rather than the one as-

signed at birth.

To help with implementation, the ACLU has teamed up

with students, families, and community partners across the

state to work with districts on creating welcoming and inclu-

sive schools for transgender youth. Two of my co-presenters

at Creating Change, Ashton Lee and Pat Cordova-Goff, are

students who fought for the passage of the law and have

witnessed its benefits. Ashton and Pat are incredible activists

who have used their personal stories to highlight the need

for AB 1266. Both are transgender students from conserva-

tive areas who, unfortunately, did not have the support of

their schools. The ACLU-NC wrote a letter to and met with

Ashton's school on his behalf, ensuring Ashton's access to the

boy's restroom and locker room and the school's consistent

use of his chosen name and gender pronoun.

When AB 1266 was passed, Ashton and Pat worked with

their districts on implementation and were able to partici-

pate more fully in school. Eventually, Pat was able to play

softball and Ashton was able to join clubs as his full self.

Their stories demonstrate the possibilities and benefits of

ending practices and policies that push transgender and

gender nonconforming students out of school.

Ashton and Pat's experiences are not uncommon. There

are many students across California who are not being giv-

en the same opportunities as other students, but AB 1266

provides a stepping stone for improving the lives of trans-

gender youth. The ACLU-NC is committed to continuing

AB 1266 implementation throughout the state to ensure

that all students are respected and given a chance to succeed

in school, and advancing the rights of transgender people in

school and throughout their lives.

If you are interested in working with the ACLU-NC on

implementing AB 1266 in your local district contact

me at asalem@aclunc.org.

Read more online about the ACLU's work to support youth

and adults who are transgender and gender nonconforming

at www.aclunc. org/issue/lgbt-equality.

Anna Salem is an Organizer at the ACLU of Northern

California.

KHOW YOUR RIGHTS FOR TRANSGENDER STUDENTS AT SCHOOL

Last year, transgender students won major victories across in California and nationally. The School Success and Op-

portunity Act (AB 1266) became law, reaffirming transgender students rights to participate equally in school and be

themselves. The U.S. Department of Education released guidelines making it clear that transgender students are protected

from discrimination under Title IX. While these are significant advances, we must continue to work to educate our com-

munities and ensure schools are providing transgender students with the same opportunities as other students. The ACLU of

Californias new Know Your Rights guide is designed to help inform transgender students and their families of their rights.

Respect for Your Gender Identity

You have the right to assert your gender identity at school,

regardless of your gender presentation. You do not need any

medical diagnosis or treatment to have your identity recog-

nized by your school. However, we recommend talking to

and working with your school if possible, especially if you

transition while in school.

The Right to be You

You have the right to be out about your gender identity at

school.

Discrimination and Harassment of

Transgender Students

All students have the right to be treated equally and to be

free from bullying, harassment, and discrimination, regard-

less of gender identity or gender expression.

Privacy and Outing Students

You have the right to keep your gender identity private,

which means that school staff cannot out you without your

permission to other students or other school staff. Schools

should also not out you to your parents or guardians, but be

aware that schools have done this in the past.

Names and Pronouns

You have the right to be addressed by the name and pro-

nouns that correspond with your gender identity. This is

true even if your name and gender are not legally changed.

Your school should use your chosen name and pronouns

on everything possible-your student ID, class attendance

rosters, yearbook, and more. Your legal name should only

appear on your official file.

Restrooms and Locker Rooms

Your school must allow you to use restrooms and locker

rooms that align with your gender identity. If you desire

more privacy and prefer to use a mote private restroom or

changing area, your school should accommodate that. Your

school cannot force you to use a private restroom (such as

in the nurse's office) if that is not what you prefer.

Sports

Your school must allow you to participate in PE classes and

sports that are consistent with your gender identity.

Dress Code and Uniform Policies

You have the right to wear clothing that expresses your

gender identity. If your school has a policy that says what

boys and girls may wear to school or for special events, then

your school must allow you to wear the clothing that cor-

responds to your gender identity. It's even better if school

dress codes are gender-neutral and do not tell students what

to wear based on stereotypes about what some people think

boys or girls should wear. @

Read more at www.aclunc.org/kyr.

If you think your rights have been violated or to get help,

contact our civil liberties hotline at (415) 621-2488 or

online at www.aclunc.org/get-help.