vol. 80, no. 1

AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA

Page 7 |

ALegal |

Victory |

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ue

Tay dT,

2 A Personal Story of Bill of Rights Day

5 An Inside look at Know Your Rights

Trainings

6 New Cases and Legal Victories

10 Legislative Update

PAID

American Civil Liberties Union Foundation

39 Drumm Sct.

San Francisco, CA 94111

AMERICAN CIVIL LIBERTIES UNION

of NORTHERN CALIFORNIA

Too.

CATHOLIC HOSPITALS CONTINUE

TO ENDANGER PATIENTS IN THE

NAME OF RELIGION

ebecca Chamorro was over eight months pregnant when a judge in

he San Francisco Superior Court ruled in early January that she didn't

have a right to basic reproductive health care at her local hospital.

Chamorro lives in Redding with her husband and her

two young children. She's a patient at the only hospital in

Redding with a labor and delivery ward, Dignity Health's

Mercy Medical Center.

Along with the birth control pill, tubal ligation-known

familiarly as "getting one's tubes tied" -is the contraceptive

method most chosen by American women. One out of

every four women who use contraception opt for a tubal

ligation; and an estimated 600,000 women undergo this

procedure each year. Ifa pregnant person decides to have a

tubal ligation, it's the medical standard of care to provide it

immediately after the baby is delivered.

CONTINUED ON PAGE 9

ACLU BOOSTING VOTER

REGISTRATION AT CALIFORNIA

PUBLIC SERVICE AGENCIES

By Leslie Fulbright

L her years of work with people with disabilities, Roxy Ortiz says voter

registration is something that has historically been overlooked. And that's

exactly why she takes her job so seriously ee

At the Eastern Los Angeles Regional Center, Ortiz is

working with the ACLU to remove some of the barriers to

voting for people with disabilities. By increasing awareness

and providing the tools, she now ensures that every client

of the center is given the opportunity to register.

"Voter registration was not done on a consistent basis,

we barely had any registration cards," says Ortiz, the cen-

ter's Information and Training Specialist. "Now it is built

in to our system. We are ordering cards by the thousands

in 10 different languages."

The ACLU of California's Voting Rights Project has

been working with people like Ortiz throughout the

state to implement the National Voter Registration Act

(NVRA). The law, aimed at removing some of the obstacles

to participation, requires state government agencies to of-

fer registration to people when they access public assistance

or use regional centers that provide services to people with

disabilities.

CONTINUED ON PAGE 9

eA Ae US

BILL OF RIGHTS DAY PHOTOS BY MARTHA WINNACKER

BILL OF RIGHTS DAY

t this year's Bill of Rights Day celebration Dec. 13, 2015, at Impact Hub in Oakland, we

onored two leaders in the fight for civil rights and civil liberties: Dorsey Nunn, for his

commitment to the rights of the formerly incarcerated, especially in voting rights and for catalyzing

the nation's "ban the box" movement; and Dr. Milton Estes, for his leadership and decades of service

to the ACLU both in Northern California and nationally.

The following is an excerpt of Dorsey Nunns speech accepting

the Chief Justice Earl Warren Civil Liberties Award at the

ACLU of Northern Californias annual Bill of Rights Day

celebration.

H0x00B0* anybody here ever told a lie? Raise your hand if

you ever told a lie.

Now suppose I would go around introducing you, "This

is so-and-so, the liar."

Suppose I would do that to you. Then expect that you're

going to get a good business deal. `Then expect to get a decent

partner who believes you every time you come home late.

Membership ($25 and up) includes a subscription to

the ACLU News. For membership information call

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

Beverly Tucker CHAIR

Abdi Soltani EXECUTIVE DIRECTOR

Rebecca Farmer EDITOR-IN-CHIEF

Gigi Pandian MANAGING EDITOR

DESIGNER

Jessie Seyfer PROOFREADER

39 IDeuaen Soret, Sem Franco, CA O41 11

(562122493 |e piren@eruNne ore

AMERICAN CIVIL LIBERTIES UNION

Sometimes when I travel they ask me, "Are you a return-

ing citizen?" My question is much deeper. My question is,

"Am I an American citizen?"

Because if I don't have the right to vote, I don't partici-

pate on juries, I don't get to run for office, I don't have the

basic rights that come with citizenship, I don't know if 'm

a returning citizen.

So when I'm checking off that box that asks, "Have you

ever been convicted?" I know it's something structurally

being asked of me. It's not necessarily being checked off by

other people.

In 1975, I decided to return from San Quentin Prison to

my community as an asset instead of a liability.

So I'm extremely grateful for this award. 'm even more

grateful for a continuous relationship with the ACLU.

I'm grateful for last year when we expanded the right to

vote for 40 - 60,000 Californians. ''m grateful for when

we expanded the right to vote for people in the county jail

several years ago.

I don't go to bed filled with hatred. I don't generally

go to bed filled with the notion of discriminating against

people. I don't go to bed with that. But when you ask me,

"are you rehabilitated?" I want to yell out, "Are yall?"

After 9/11, how many of us become un-American? |

think that we're making too many people not Americans.

And we need to think about: how did your neighbor next

door become not American based on 9/11? I may not be an

American, based on how I'm treated regularly by society. @

Dorsey Nunn is the executive director of Legal Services for

Prisoners with Children and the co-founder of All of Us or

None, a grassroots organization that fights for the rights of

formerly and currently incarcerated people and their families.

LEFT: Chief Justice Earl Warren Civil Liberties Award

recipeient Dorsey Nunn

ABOVE: ACLU-NC Board Chair Beverly Tucker with the winner of

the Lola Hanzel Courageous Advocacy Award, Dr. Milton Estes.

BELOW: The Santa Clara Valley Chapter accepting the

Dick Criley Activism Award.

"

OF NORTHERN CALIFORNIA

Cie or Nomen @alitenmatciapteneiders came

together in regional meetings over three weekends

in January and February to learn about organizing

opportunities and to begin to plan for the next year of

local advocacy. In the coming weeks, chapter leaders will

work closely with staff and community partners to develop

strategic campaigns in key issue areas:

Government Spying and Surveillance: An

increasing number of cities and counties are acquiring

surveillance equipment like drones, stingrays (cell site

simulators), automatic license plate readers and specialized

facial recognition software-with nearly no public input or

oversight. This equipment is often purchased using grant

funds from the federal government or private companies.

`The lack of oversight and transparency in the adoption

of these technologies means that there is nobody to hold

accountable for purchasing the equipment, and that the

public does not know how the technologies are being

employed in the community. Chapter leaders are working

with local elected officials to pass ordinances that ensure

proper oversight and accountability when surveillance

technologies are adopted (like the one available at

aclunc.org/smartaboutsurveillance).

Immigration:

implementing policies that allow federal Immigration and

County sheriffs are increasingly

Customs Enforcement (ICE) officers access to jails and to

information about people who are incarcerated. Through a

federal program called the Priority Enforcement Program

(PEP), people are being separated from their families and

placed into immigration detention and deportation pro-

ceedings-often under deplorable conditions. PEP claims

to prioritize individuals who have committed certain crimes

for deportation, but in reality, people are being detained

for things like traffic violations or reporting crimes. Local

chapters will work in coalition with other advocates to help

break these dangerous collaborations between local law en-

forcement and federal immigration officials.

Police Practices: Structural racism and growing

economic inequality have led to systemic use of policing,

surveillance, and mass incarceration as solutions to eco-

nomic and social problems. Unarmed people of color are

being killed at the hands of law enforcement with alarming

frequency across the country, poor and homeless people are

having their assets permanently confiscated by the police

without committing a crime or even being arrested, and

ACLU CHAPTERS TAKE STRATEGIC ACTION

California maintains the most secretive laws in the country,

preventing public access to information about law enforce-

ment misconduct. Chapter leaders will work with existing

grassroots movements to change state policies to lift the veil

of secrecy over police misconduct and ensure that local law

enforcement activities are transparent and accountable to

the public, including through advocacy to pass SB 1286 by

State Sen. Mark Leno.

LGBTQ Students' Rights: Remarkable strides

have been made toward full equality for LGBTQ (lesbian,

gay, bisexual, transgender, and queer) people, including

the right for all loving couples to marry. Still, LGBTQ stu-

dents often face bullying and unfair treatment by teachers

and administrators, and do not see people like themselves

reflected in their curricula. California has excellent state

laws to ensure that schools are welcoming and inclusive

of LGBTQ students, especially in comprehensive sexual

health and HIV prevention education, but these laws must

be implemented on a district-by-district basis. Chapters

will work with parents, teachers, students, and other com-

munity members to ensure that districts are implementing

sexual health education policies and curricula that create

welcoming and affirming spaces for all students. @

BACK TO SCHOOL IN SILICON VALLEY

ast fall, the ACLU of Northern California joined our Freedom Circle supporters in

Palo Alto to discuss the issue of youth and police, with special focus on police in

schools and the impact on students with disabilities and students of color.

On hand to lend their expertise and insight were ACLU of Northern California Racial

at giving @aclunc.org.

Justice Project Fellow Nayna Gupta, ACLU Disability Counsel Susan Mizner, and ACLU

of Northern California Executive Director Abdi Soltani.

Tf you would like information about the Freedom Circle, please contact Noah Maier

a

Top row, left to right: Abdi Soltani, Carol Rhoads, Keating Rhoads, Nayna Gupta, Susan Mizner.

Bottom row, left to right: Riaz Moledina, Noah Maier, Lily Moledina, Paul Gilbert, Susan Mizner.

EVENT PHOTOS BY ALISON GARCIA

NEW REPORT FINDS REPRODUCTIVE HEALTH

ABUSES IN CALIFORNIA JAILS

By Bethany Woolman

he government has an obligation to provide

medical care to the people it incarcerates.

Sadly, that definition too often fails to include

reproductive health. A new report by the ACLU

of California has found that jails are putting

people's health at risk by denying, delaying, and

ignoring crucial reproductive health care. Repro-

ductive Health Behind Bars in California exam-

ines the current landscape of reproductive health

in California jails, and recommends a range of

policy changes. The report is also accompanied

by a Know Your Rights guide, and an assessment

tool to help jail administrators improve their

policies.

"Across California, we're seeing that accessing

reproductive health care becomes a frightening

and traumatic experience for people incarcerated

in county jails," said Melissa Goodman, Direc-

wor or une UGE, Geneler 6c Repnocmneukye

Justice Projects at the 1@bU of soutien Calie

fornia. "Jails need to make concrete changes to

make sure that they are meeting the reproductive

health needs of the people in their care."

The ACLU compiled reports from people who

were shackled while pregnant, weren't given the

food they needed to have a healthy pregnancy,

were forced to sleep on dangerous top bunks,

and were denied prenatal and emergency visits

with medical staff. In one especially disturbing

instance, a woman reported that after she went

to the jail clinic with intense abdominal pain,

the nurses failed to find a fetal heartbeat but still

Sent Memb acke Tommie celle pceaticeama (c)) (Grdhy

wasnt on shift.

The report identifies a wide array of problems

with policies and practices in jails, including

delayed and denied abortion access, dangerous

prenatal conditions, and denial of menstrual sup-

plies and lactation accommodations.

Reform is important, legally necessary, and

feasible. Two years ago the ACLU of Southern

California uncovered a range of problems-from

abortion delays to illegal shackling-at Los

Tas) Ta a aT

eC Se

A REPORT FROM THE ACLU OF CALIFORNIA, JAN 2016

Report cover illustration courtesy of Micah Bazant for Strong Families.

ACROSS CALIFORN A WE RE SEEING 7 FAT

ACCESSING REPRODUCIHIVE HEALTH CARE

BECOMES A FRIGHTENING AND TRAUMATIC

EXPERIENCE FOR PEOPLE INCARCERATED IN

COUNTY JAIES.

Angeles County's women's jail, the largest

women's facility in the country. The ACLU

worked collaboratively with the Los Angeles

Sheriffs department on positive reforms that

improved access to medical care and other

necessary accommodations for pregnant

people, including housing. The collaboration

also initiated the launch of a pilot program

allowing family members to pick up pumped

breastmilk for delivery to children at home.

The ACLU is continuing to monitor the

county to ensure that change in policy

translates into real change in practice.

The new report and accompanying assess-

ment tool provide California jails an op-

portunity to look at the law and at medical

best practices, and make concrete changes to

their policies. In addition to changing writ-

ten policies and training staff to implement

them, jails need to start collecting robust

data on reproductive health needs and out-

comes. Currently, this crucial data is widely

untracked and unavailable.

The report also recommends that jails up-

date their policies to protect the reproductive

health of transgender and gender noncon-

forming people.

Mass incarceration is a national crisis, with

an especially harmful effect on poor com-

munities and communities of color. Many

people are stuck in jail who otherwise would

not be, simply because they can't afford to

pay bail. In addition to improving condi-

tions for people who remain incarcerated,

communities should be supporting alterna-

tives to incarceration.

Bethany Woolman is a Communications Strate-

gist at the ACLU of Northern California.

Get more information at WWW.ACLUNC.ORG/CHAPTERS

or by calling (415) 621-2493 x355

By Irene Rojas-Carroll

OUR KNOW YOUR RIGHTS RESOURCES:

BUILDING CONNECTIONS ACROSS CALIFORNIA

ne of the most important ways people relate to the ACLU is through understanding their own rights.

According to Tessa D'Arcangelew, who is an ACLU organizer and works with chapters all over Northern

California, Know Your Rights materials are crucial to her work. "Know Your Rights pamphlets, presentations,

and all kinds of materials are one of the most digestible and personal ways that I have to share information to our

members and people we work with," says D'Arcangelew.

D'Arcangelew recently received a note from a young

woman in San Francisco who works at an after-school

program for at-risk high school students. This person re-

membered D'Arcangelew's Know Your Rights workshop

on how to interact with police at the ACLU of California's

2014 Conference and Lobby Day; she was so inspired by

that training that she wanted to offer the same one to the

students she works with.

That workshop used our blue and yellow wallet cards

on your rights when you interact with police as a basis for

conversation.

Dealing with police can be scary and confusing. There are

four "magic phrases" we encourage people to use; these are

simple phrases that anyone can repeat when they're stopped

by police in order to invoke their rights under the law.

cent Am I free to go?

e I wish to remain silent.

cent I want to speak to a lawyer.

e I do not consent to a search.

In the workshop, D'Arcangelew leads participants

through practicing actually saying these phrases aloud.

"People need to know that it's important to ask these ques-

tions and say these words to police if they wish to, even if

you haven't done anything wrong," says D'Arcangelew.

Know Your Rights materials are also a way to make sense

of the gap that unfortunately often exists between legal

requirements and real life. Police do violate people's funda-

mental rights all the time, and even abuse people who do

Three of the "magic phrases" taught at Know Your Rights trainings.

assert their rights. These are not colorblind occurrences. We

saw this in the case of Sandra Bland, a Black Lives Matter

activist who knew to assert her rights, and did so, when

a police officer pulled her over and arrested her. She ulti-

mately died in custody.

`The resources that we had on hand also opened the door

for participants to share their personal experiences with po-

lice. The important thing for everyone to know is that it's not

on you if a police officer engages in misconduct or uses exces-

sive force. Asserting your rights to a police officer might have

consequences, but we know also that police harm people

even when they're not objecting to the officer's conduct.

Using these magic phrases and using the KYR materials

as a basis to create interactive and participatory trainings

helps make legal concepts come to life.

Our organizers also use Know Your Rights materials to

share with chapters, as starting points for other workshops,

and to share at events where the ACLU of Northern Cali-

fornia has a presence through tabling. Knowledge is power.

When people know their rights they can better protect

themselves, their family, and their community. Find our

materials out online at aclunc.org/KYR. @

Irene Rojas-Carroll is the Communications Associate at the

ACLU of Northern California.

RAIDS? DEPORTATIONS? IMMIGRANTS' RIGHTS

WITH ICE AND BORDER PATROL ABUSES

Excerpts from a Know Your Rights publication. Read more at www.aclunc.org/kyr.

Re deportation actions have created a lot of

ear. Many people call these actions "raids," but in

California, we haven't seen mass arrests in neighborhoods

or workplaces, which is what a lot of people think of when

they hear the word "raids." Immigration and Customs

Enforcement (ICE) also says it is not conducting raids in

California. However, ICE is still engaging in deportations

and other enforcement practices. ICE's enforcement

practices tear families apart and undermine community

trust in law enforcement.

Many violate the Fourth Amendment's protection

against unreasonable searches and seizures, the con-

stitutional guarantee of due process, and the constitu-

tional guarantee of equal protection and freedom from

discrimination based on race, ethnicity, and national

origin.

Immigration detainers

An ICE detainer-or "immigration hold"-asks local jail

or other law enforcement agency to detain an individual for

an additional 48 hours (excluding weekends and holidays)

after their release date.

ICE's use of detainers to imprison people without due pro-

cess and often without any charges pending or probable cause

has raised serious constitutional concerns. ICE is now sup-

posed to limit its use of detainers, but they may still use them.

Know your rights if ICE confronts you

Independent of your citizenship status, you have constitu-

tional rights!

cent Don't open your doors. ICE cannot come in to your

home unless they have a signed search warrant or you let

them in. Ask them to pass the warrant under the door

Ua

before you open. An arrest warrant for one person is not

enough to come in, unless it also says the officers have a

right to enter or search that particular address.

cent Stay silent. ICE can use anything you say against

you in your immigration case, so claim your right to

remain silent! Say, "I want to speak to a lawyer and

choose to remain silent."

cent Don't Sign. Be careful what you sign. ICE often asks

people to sign forms agreeing to be deported without

first seeing a judge.

cent Fight back! If detained, don't give up hope! Get a

trustworthy lawyer and explore all options to fight your

case. You'll have a much better chance of stopping a de-

portation. Find lawyers and organizations that provide

free and low-cost help. If you or a loved one believe

you have been unjustly detained, call the TRUST Act

hotline at (844) 878-7801. @

PANDIAN

GIGI

VICTORY! FRESNO SUSPENDS USE OF

SOCIAL MEDIA SURVEILLANCE SOFTWARE

he Fresno Police Department has stopped using social media surveillance software after the ACLU of

Northern California discovered that the department was secretly using the surveillance technology.

Social media surveillance software comes in many forms,

but it generally works by automatically scanning huge

batches of publicly available posts on networks like Twit-

ter, Instagram, and Facebook. This kind of surveillance

can place people under suspicion simply for speaking their

mind online.

After combing through a pile of documents obtained

through a public records act request, the ACLU discovered

that Fresno police had been using an especially offensive

piece of software called MediaSonar that had dire implica-

tions for local activists. Marketing emails from the compa-

ny encouraged Fresno officers to identify "threats to public

safety" by tracking #BlackLivesMatter-related hashtags like

#dontshoot and #imunarmed.

The department was also using a different, but equally

troubling, piece of software called Beware. According to

news reports, Beware's mysterious algorithm was assigning

"threat levels" of green, yellow, and red to residents-based

in part on what they wrote online. Marketed as a source of

insight for officers on the ground, this software was deeply

flawed. For instance, a Fresno city council member was re-

cently incensed to learn that Beware listed his residence at

threat level "yellow."

`The documents we received from Fresno raise a number

of unanswered questions about social media surveillance

at the local level. How many people are being surveilled?

PROPESTORS SHGULDN and HAVE

TO WONDER WHETHER WHAT

THEY WRITE ONUINE OR POS] ON

SOCIAL MEDIA WILL BRAND THEM

AS A THREAT IN THE EYES OF LAW

ENEORCEMENT.

How long is their data being stored? How do these intrusive

programs gather and interpret information? Communities

have a right to this information.

Fresno residents are right to demand reform, including

the adoption of an ordinance that ensures the public has a

meaningful chance to weigh in before decisions about this

or any other surveillance technology are made.

Social media monitoring is part of a pattern of un-

checked surveillance. It's yet another surveillance tool being

used without transparency or accountability. And it risks

targeting communities that are already vulnerable to police

misconduct-especially communities of color.

During the Iraq War, the ACLU sued the Fresno police

department for infiltrating a local peace group. Today, pro-

testors shouldn't have to wonder whether what they write

online or post on social media will brand them as a threat in

the eyes of law enforcement. The government shouldn't be

collecting a digital record of people's lives. And police sur-

veillance plans shouldn't be rushed forward with the public

left out of the loop.

Technology is changing the way we communicate and

organize around powerful ideas. At the forefront of these

innovations are movements like #BlackLivesMatter. While

the way in which our society expresses itself is shifting, the

principles of the First Amendment remain unchanged.

Advances in technology are not an excuse for new forms of

unaccountable surveillance. @

VICTORY: NO NEW JAIL

IN SAN FRANCISCO

In December, the ACLU of Northern California

joined community members and local groups in

speaking out against San Francisco Mayor Ed Lee's

plan to spend upwards of $240 million on a new jail.

The ACLU advocated that instead of pouring more

money into mass incarceration, the city needed to

be investing in innovative and successful diversion

programs that promote rehabilitation.

"Sait (eaincise(R) lias am excess or jail lmeals, [owt

has a long waiting list for residential mental health

treatment beds," said staff attorney Micaela Davis.

"We should expand treatment programs for addic-

tion, and fund residential and outpatient programs

that give people suffering from mental illness the

treatment they need." After sustained and inspiring

public pressure by local community groups and ac-

tivists, the San Francisco Board of Supervisors voted

unanimously to reject funding for the new jail.

SPOTLIGHT ON JAILS ADVOCACY

FEDERAL INVESTIGATION

NEEDED IN ORANGE

COUNTY JAILS

Under the Fifth Amendment, anyone in police

custody has the right to be advised by an attorney

during questioning. But in Orange County, jailers

and prosecutors have apparently been circumvent-

ing that right for several decades by orchestrating

the use of jailhouse informants to illegally question

people about their cases.

In November 2015, the ACLU called on the De-

partment of Justice to open an investigation into

the corruption. "We estimate that thousands of

people in Orange County may have had their civil

rights violated while navigating a criminally dys-

functional justice system," said ACLU of Northern

California Criminal Justice Policy Director Ana

Zamora.

THOUSANDS OF PECPEE IN MAY WAVE HAD I HE R

CIVIL RIGHTS VIOLATED WHILE NAVIGATING A CRIMINALLY

DYSPUNCTIONAL JUS iiCE SyYsiEM.

/

ae

VICTORY: BUTTE COUNTY

THINKS TWICE ABOUT

FLEECING INMATES' FAMILIES

TO PAY FOR NEW JAIL

Last year, Butte County was one of 32 California

counties that submitted bids for state financing to

build new jails. Butte, however, was the only county

to try to use Inmate Welfare Fund money to pay

the county' required contribution. Inmate Wel-

fare Fund money is raised mostly from surcharges

on phone calls between inmates and their families.

Jacking up rates on these calls amounts to a tax on

inmate families, which discourages families from

staying in touch with their loved ones in jail. It's a

tempting source of funds for sheriffs to pay for all

types of things unrelated to inmates' welfare, but do-

ing so is highly unethical.

Reports of these Inmate Welfare Funds being

misused are widespread. After the ACLU sent a let-

ter warning the county that their plan was illegal, the

Board of State and Community Corrections voted to

encourage Butte County to find other funds, recog-

nizing that using Inmate Welfare Fund money for jail

construction is inappropriate and bad public policy.

Butte County has now agreed to use local law enforce-

ment assistance funds for their contribution to the jail

construction instead of the inmate welfare fund. @

AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA -

LEGAL UPDATES

By Bethany Woolman

VICTORY FOR ACCOUNTABILITY:

SAN FRANCISCO APPROVES BODY

CAMERA POLICY

In December 2015, the San Francisco Police Commis-

sion approved a policy for police body cameras to ensure

they are used as a tool for accountability, not abuse. The

new policy limits an officer's ability to see footage before

making a statement. The ACLU, along with the Council

on American Islamic Relations, Color of Change, and

Asian Americans Advancing Justice, sent a letter to the

Commission arguing that allowing officers to see footage

of critical incidents before making a statement gives dis-

honest officers a chance to tailor their stories to the tape.

The letter also called for clear rules that compel proactive

release of footage that is of public interest.

VICTORY: REAL CHANGES TO

FACEBOOK'S `REAL NAME' POLICY

Facebook announced concrete changes to its harmful "real

name" policy in December 2015, after ongoing advocacy

by a coalition of groups including the ACLU. The changes

are meant to reduce the risks of abusive reporting and

lockouts of users from the site. For years, the user name

policy excluded a number of communities-transgender

people whose names did not match their state ID card,

survivors of domestic violence who couldn' use their real

names, whistleblowers: reporting abuses of power who used

pseudonyms for protection, and Native Americans who

found that their names were routinely declared invalid by

Facebook's system.

VICTORY FOR SEX ED IN

REDDING SCHOOLS

Parents in Redding learned last December that their

eighth-graders' school would be teaching that "sex is like

a fire'-dangerous and scary, outside the "fireplace" of

marriage. In addition to its deeply problematic language,

the curricula in question stigmatized LGBTQ students,

contained no instruction on contraception other than

- abstinence, and fell far short of covering topics required

by the state of California for comprehensive sexual health

education.

The ACLU-NC sent a letter to the district warning that

abstinence-only sex education violates California law. In

response, the district notified the ACLU that they would

hold off on the planned curriculum and reevaluate their

sexual health education. "Abstinence-only sex ed pro-

grams are notorious for using tragically bad sex metaphors

to push their harmful agenda," said ACLU of Northern

California Reproductive Justice Attorney Jennifer Chou.

"This kind of selective and misleading curriculum is

strictly prohibited."

SOUS

KNCWS

ie

Ty

Taylor Victor, who was sent home from her High School

in Manteca for wearing this shirt.

VICTORY FOR FREE SPEECH:

T.V. V. BEUKELMAN

Taylor Victor was just beginning her junior year at Sierra

High School in Manteca when she was sent home from

school for wearing a shirt that read "Nobody Knows ?'m

a Lesbian." School officials told her she wasn't allowed to

display her "personal choices and beliefs," and that the

shirt violated the dress code because it was "disruptive,

promoted sex, promoted sexuality, and was an open

invitation to sex."

Taylor contacted the ACLU of Northern California and

reported that her free speech rights had been violated. In

February, the ACLU-NC settled the ensuing lawsuit with

the Manteca Unified School District. The settlement allows

Taylor to wear her shirt without threat of punishment or

retaliation. It also updates the dress code district-wide to

make it clear that students can express their own identity

and their support for other students' identities-including

identities of race, gender, sexual orientation, disability, and

other protected groups. District administrators will be re-

quired to attend professional development training to bring

them up to date on their duty to protect free speech.

"At the end of the day, I just want other kids to know that

it's okay to be yourself at school," wrote Taylor in a blog post

for the ACLU. "It's okay to stand up for what you believe in."

VICTORY FOR WOMEN IN COMBAT:

HEGAR, ET AL. Vv. CARTER

The Department of Defense announced in December

that it plans to open all military combat jobs to women,

with no exceptions for any branch of the armed services.

Almost four years ago, in November 2012, the ACLU filed

a lawsuit on behalf of four servicewomen and the Service

Women's Action Network against the Department of De-

fense for its blanket exclusion that kept women from com-

peting for combat jobs, units, and schools. "I'm thrilled the

most qualified candidates for all military jobs will be able to

serve in critical areas regardless of gender," said MJ Hegar,

plaintiff in Hegar v. Carter. "In time, people will stop look-

ing surprised when they meet a female combat veteran."

The ACLU is continuing the case to ensure that the

integration of women into previously closed positions goes

smoothly and that women are not prevented from accessing

combat roles based on artificial hurdles not imposed on

their male counterparts.

ACLU CALLS FOR FEDERAL

INVESTIGATION INTO SYSTEMIC

BIAS IN THE SFPD

In January, the ACLU of Northern California and the

ACLU Disability Rights Program sent a letter to the

US Department of Justice urging a federal pattern and

practice investigation into the San Francisco Police

Department for systemic civil rights violations. Those

violations include the killing of Mario Woods, a young

Black disabled man.

"Mario's death at the hands of police on December 2,

2015 is unfortunately only one instance of the long-stand-

ing and deep-rooted failures in the workings of the SFPD,

especially as it interacts with communities of color, Black

people in particular, and people with disabilities," said

ACLU-NC Senior Counsel Alan Schlosser.

In February, the Department of Justice and the SFPD

announced a voluntary and non-binding review of SFPD

policies, but not its biased practices. The systemic problems

at the core of the SFPD show that a Department of Justice

investigation must address the SFPD's workings as a whole,

and require enforceable changes, in order to be effective.

MEDICAL MARIJUANA BANS:

BYRD V. FRESNO and

KIRBY Vv. FRESNO

The ACLU of Northern California litigated two suits

against the City and County of Fresno over bans on the

cultivation and storage of medical marijuana. The bans

are inconsistent with California's 1996 voter-approved

Compassionate Use Act, which allows seriously ill pa-

tients and caregivers to grow medical marijuana. Cali-

fornia courts have upheld the Fresno bans in both cases.

In February, the California Supreme Court denied re-

view. Except for the criminal penalties, the bans will

remain in place. @

_. - ACLU NEWS - SPRING 2016 7

e

YOU CAN

DEFEND

FREEDOM

Between now and June 30, by

adding the ACLU to your will, you

can leave a legacy of liberty for

generations to come and defend

our freedom today.

nee Geng meee Giclee

Snel a areren eel ae pace) (eae eel

future plans

GIG) | 1

matching donation today from

Gai olwlaliny wae

receive a 20% cash

Our generous challenge donor.

For simple bequest language

rer in@iuce ia Our | ane Ion

information on other gifts that

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cell (45)! 293 G3G7.

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SPOTLIGHT ON BETH DAWSON,

DESILVER LEGACY SOCIETY

MEMBER

We Beth Dawson travels from her home in Menlo

Park to visit her politically conservative family in

Texas, she always looks forward to their conversations

around the dinner table.

A Texas native, Dawson has supported the ACLU for

almost 15 years. "The ACLU has shown me how I can talk

with my family about the issues I care about in a way that

crosses party lines," she explains. "For example, we can talk

about economic inequality

and privacy from govern-

ment surveillance, and have

a really substantive conver-

sation rather than engaging

in partisan disagreements.

iors ecteaticctult nicest incre @leU)

for giving me a way to talk

productively with my fam-

ily about issues and prin-

ciples I care deeply about."

After supporting the AC-

LU's work for more than

a decade, Dawson and her

partner Greg felt that it was time to do more. That's why

they chose to make a bequest to bolster the ACLU's future

advocacy. When deciding to create their legacy with the

ACLU, "we thought about our values as people and how

our estate could further these values," Dawson said. "Since

we don't have children or grandchildren of our own, we like

to think of the ACLU almost as our kid!"

When Dawson told the ACLU about their future gift,

she and Greg were welcomed to the DeSilver Legacy Soci-

ety, a group of more than 5,000 supporters nationwide who

have provided for the ACLU in their estate plans. Legacy

society members are invited to our annual DeSilver Society

Luncheon in San Francisco, and receive special updates on

the ACLU's work. "I am so happy to be part of the ACLU's

legacy society," Dawson said. "Your speakers are eye-

opening and help us make connections between issues we

wouldn't have otherwise, and learn about issues the ACLU

has taken on that we wouldn't otherwise know about-like

NOW Tie eee Wie pe 4

GOOD JOB OF STEWARDING OUR

BEQUEST [0 ADVANCE PREEDOM

AND CONSTITUTIONAL RIGHTS"

-BETH DAWSON, DESILVER LEGACY

SOCIETY MEMBER

how a county not having enough public defenders affects

how many people are incarcerated, whether or not they are

guilty." Further, "I can count on the ACLU to accurately

and honestly report on current events, and this education

helps me decide how I want to vote," Dawson said.

As an educator, Dawson is committed to helping students

build the foundations of their own future success. Making

a legacy gift to the ACLU is another way that she is able

to invest in a more just and

equitable future for younger

generations, both here in

Northern California and in

her home state of Texas. "I

know the ACLU will do a

good job of stewarding our

bequest to advance freedom

and constitutional rights,"

she said. "In an ideal world,

we wouldnt need _ the

ACLU. In the world we live

in, though, I feel a lot more

secure knowing that the

ACLU is always a step ahead in defending our civil liber-

ties. Because when it comes to rights, you don't know what

youve got till it's gone!" @

From now until June 30, 2016, you can create your

own legacy for liberty and take advantage of a special

opportunity to advance justice and equality right now.

By making a gift to the ACLU in your estate plan and

telling us of this gift, a generous matching donor will

make an immediate cash gift equal to up to 20 percent

of the value of your gift to the ACLU today.

To learn more about how you can participate in the

Legacy Challenge, please contact Rhiannon Lewis,

Planned Giving Officer at (415) 293-6367 or rlewis@

aclunc.org.

8 AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA oo

CATHOLIC HOSPITALS

Early on in her pregnancy, Chamorro decided with

her doctor that she would get a tubal ligation during her

scheduled C-section. She didn't expect to have problems

accessing such a common and safe procedure.

But Chamorro's hospital refused her doctor's request to

perform the procedure, citing religious directives written by

the United States Conference of Catholic Bishops that clas-

sify tubal ligation as "intrinsically evil." For Chamorro, there

are no hospitals within a 70-mile radius of her home that

have birthing facilities and do not follow these directives.

"This is an incredibly common and safe method of

contraception, especially for women who are scheduled

for a C-section," said Dr. Pratima Gupta, a board-certified

OB/GYN and member of the organization Physicians for

Reproductive Health. "Many women prefer postpartum

tubal ligation to other birth control alternatives because it

is a highly effective method that will only prolong surgery

time a few minutes."

In the hope that the courts would reverse the hospital's

decision, the ACLU and the law firm of Covington and Burl-

ing LLP filed a lawsuit in December against Dignity Health

on behalf of Chamorro and Physicians for Reproductive

Health. The suit argues that the application of religious di-

rectives to Ms. Chamorro and to other patients unlawfully

disrupts the patient-doctor relationship and ultimately

denies patients care.

Unfortunately, Chamorro was ultimately denied a tubal

(continued from page 1)

DIGNITY HEALTH and MERC?

MEDICAL CENIER 5EFUSED

CHAMORRO S DOCTOR S

REQUEST 10 PERTORM A TUBAL

EIGAT ON ClliNG RELIG OUS

DIRECTIVES WRITTEN BY [HE

UNITES slAles CONFERENCE

OF CA HOLIC Blan UPs 1HAI

CLASSIFY [UBAL LIGATION AS

OINTRINSICAP EY Evil

ligation during her January C-section when the judge in

the case denied the ACLU's emergency motion on her be-

half. If she chooses to go forward with the same procedure

now, she will have to undergo an additional surgery, which

involves general anesthesia and multiple incisions and is

not without risk.

The ACLU has filed an amended complaint in the case,

seeking a declaration that Ms. Chamorro's rights were

violated, as well as continuing to seek relief on behalf of

patients of member doctors of Physicians for Reproductive

Health.

"The refusal of hospitals to allow doctors to perform

basic health procedures based solely on religious doctrine

presents a real threat to a woman's ability to access health

care," said Elizabeth Gill, senior staff attorney at the ACLU

of Northern California. "Patients seeking medical care

from institutions that receive public funding and are open

to the general public should not have to worry that reli-

gious doctrine rather than medical judgment will dictate

what care they receive."

Dignity Health is the fifth largest healthcare system

in the country and the largest hospital provider in

California, with 29 hospitals across the state. It receives

significant funding from the State of California-in-

cluding millions of dollars a year in government grants

and billions of dollars a year in Medicare and Medicaid

payments.

Tea OF ine YS lewgest negai@l, sree tin die U.S, are

Catholic-sponsored, and nearly one of nine hospital beds

in the country is in a Catholic facility. Their hospital chains

have rapidly expanded over the past 15 years, and their in-

terference with the doctor-patient relationship is blocking

patients access to basic reproductive healthcare across the

country. In spite of the disappointing ruling, the case is

moving forward.

ACLU BOOSTING VOTER REGISTRATION

"Our work is about creating access for voters who are

overlooked and getting them engaged in the democratic

process," says Jess Jollett, a communications strategist who

works on the ACLU of California's Voting Rights Project.

"The thousands of people now using these services were his-

torically left out of the political process because they didn't

have access. In some cases, they experienced discrimination

and outright exclusion from the ballot box. Now they are

active participants in our democracy."

Though the NVRA was signed into law in 1993, enforc-

ing it has been an ongoing struggle. The goal was to increase

voter participation by making registration more accessible

and easy to navigate for people with disabilities and people

living in poverty.

Immediately after the law was enacted, registration

reached an all-time high. Across the nation, registrations

at public assistance agencies reached 2.6 million. But over

the next decade, it began a steady decline reaching a low of

about 500,000 in 2006. Investigations revealed widespread

noncompliance in implementing the law.

Across the country, civil and voting rights groups

began threatening litigation to get states to enforce the

law. Here, the ACLU of California Voting Rights team

decided to try a different approach. The team worked

with state and local agencies to figure out how to fix

(continued from page 1)

the problem by identifying areas where these agencies

needed support and then helping them streamline the

process. Ihe ACLU provided support and training mate-

rials so the agencies could embed voter registration into

everyday practices.

The project started in San Diego, where the ACLU of

California Voting Rights Project is based. In that county

alone, registration had dropped 93 percent in the 10 years

since NVRA was made law. In 2011, voter registrations at

San Diego public assistance agencies averaged just a few

dozen per month despite record numbers of applications

for services.

We worked with San Diego County's public assistance,

agencies for people with disabilities and election officials

OUR WORK IS ABOUT CREATING

ACCES FOR YOIEKS WHO ARE

OVERLOGKED AND GEI TING THEM

ENGAGED IN THE DEMOCRATIC

POC Ss

to boost the numbers. The results were dramatic. In the

seven months leading up to the 2012 election, these agen-

cies registered more voters than they had in the past 12

years combined.

Then in 2013, we expanded the implementation project

to 20 more counties throughout the state.

The strategy is working. There has been a more than

250 percent increase in voter registrations in public assis-

tance and disability assistance agencies in California. Reg-

istrations went from about 30,000 in 2011 to 110,000

in 2015. Applicants and clients in all of these offices are

now asked if they would like to register every time they

apply for or renew services, or change their address. They

are also given assistance filling out the registration card if

they need it.

Across California, the ACLU's NVRA Implementation

project is opening up opportunities and playing a critical

role in bringing people to the ballot box. Tens of thousands

of people have been registered to vote through these agen-

cies and awareness continues to grow.

"It's been so gratifying to watch the awareness increasing

in our community," says Ortiz.

Leslie Fulbright is a Communications Strategist at the ACLU

of Northern California.