Open forum, vol. 65, no. 2 (March-April, 1988)

All about Eve:

Founded on Dec. 6, 1924

OPEN FORUM

Published -- by ACLU of Soars California

March/April 1988

Court Orders

New ACLU/SC president is in business ending to child

Toa great percentage of observers,

succeeding in a 150-member corporate

law firm like Wyman, Bautzer, Chris-

tensen, Kuchel and Silbert wouldn't

leave too much time for a job as de-

manding as...well, president of the

most prominent ACLU affiliate in the

country, for instance.

For Eve Triffo (aka Dorothy Triffo

Lang), 1988 ACLU of Southern Cal-

fornia president, it's been business as

usual. Just more of it.

"TJ love practicing business law; it's

_ pure self indulgence," admitted Triffo.

"But I couldn't stop doing civil liberties -

work any more than I could stop

breathing."

Most recently, Triffo was a vice

president of the affiliate, a member of

the executive committee and has co-

chaired both the management and

budget committees.

Triffo traced her concept of service

_ to her years in the anti-war movement

at the State University of New York

(SUNY) in Buffalo. She "grew up in a

climate of political activism" and would

`obviously be uncomfortable out of it.

"You have to work to keep things from

2 going bad."

One B.A. and M.A. in Sociology

graduated from UCLA Law School in

1974. She immediately signed on as a

VISTA attorney for the Western Cen-

ter on Law and Poverty and stayed

with the center on her own for three

years when her VISTA position ex-

pired.

In the years that followed, Triffo's

passion for public service legal work

turned into an obsession. She worked

as a senior staff attorney for the Na-

tional Health Law Program for the

hext three years and joined the ACLU

Foundation legal staff in 1982 as

church/state attorney.

However, in 1983, she saw the op-

portunity to influence an even greater

number of people, so she accepted a

position across the street-at- South-

western University School of Law as (c)

an associate professor. "Teaching is

0x00A7 Save the Pa

Sunday

June

1988

(Details in the next Open Forum)

the original public-interest service,"

Triffo stressed. "There must be more

to becoming a lawyer than learning

tort law."

_ Triffo returned to private practice in

1985 at the now defunct Memel, Jac-

obs firm and is currently beginning her

legal staff. As an employee, you can

begin to take the ACLU for granted.

She convinced me just how important it

was to be involved with actually keep-

ing the organization working."

When asked if she had a personal

priority during her first term, Triffo

| ome} was eedcdp presi- .

ar a 8 in this i issue of :

second year at Wyman, Bautzer.

She figures to use her extensive

business law experience in running the

six-figure corporation that -the-ACLU

of Southern California has become.

"The ACLU is a business, although

hardly a traditional one," Triffo ex-

plained. "Its objective is to defend and

preserve civil liberties-a very large

goal that must be accomplished with

very limited resources!"

Just who to credit for getting some-

one who works this hard to want to -

work even harder-who else?

"Ramona Ripston suggested I run for a

seat on the ACLU board when | left the

finally hesitated. "There are so many

priorities, it's hard to single out just

one or two. I am, however, deeply

concerned about making sure voters

Clearly understand all the ''88 presiden-

tial candidates' positions on a full range

of civil liberties issues."

Reflecting on her January 20 elec-

tion as ACLU president, Triffo called it

"an honor, a privilege and a neces-

sity." "Working for the ACLU affects

the most critical aspect of our lives-

the civil liberties that make life worth -

living. There is nothing more impor-

. tant I can be doing."

Registration drive aimed at youth

Four out of five eligible citizens be-

tween 18 and 21 don't vote. To turn

this statistic around, Secretary of

State March Fong Eu and Superinten-

. dent of Public Instructions Bill Honig

are launching a voter education and

registration campaign in California

schools (K-Adult) during the week of

April 18.

"We were shocked to discover how

high the percentage was

of eligible people not vot-

ing," said Marjorie

Swartz, ACLU lobbyist

in Sacramento. "We are

concerned that such a

small number of people

are controlling who's

elected."

Swartz, who has been

involved with the cam-

paign from the outset, emphasized

that the idea of focusing public atten-

tion through media is the only way to

bring the issue to the people. "Fighting

for civil liberties is only part of the

battle. You cannot be successful if you

don't have fuller participation," she

said.

The "You've Got the Power: Regis-

ter and Vote" campaign is designed to

register 25,000 high school students.

According to state figures, one-half of

all high school seniors will be eligible to

vote in the June primary. Teachers

and election officials will collect

pledges from students who are not yet

eligible to vote, and will send them a

registration form on their eighteenth

birthday.

Students will be encouraged to

go into the community to register

parents, neighbors and family

`members.

Community organiza-

tions, including local

ACLU chapters, are

gearing up to sponsor ac-

tivities including issues

and candidate forums,

debates, films,and pos-

ter and essay contests to

arouse an awareness of

how students can make

their voices heard in the electoral

process.

ACLU Executive Director

Ramona Ripston explained the im-

portance of the registration efforts.

"It's important that young people

understand they have a stake in the

electoral process.

"One way of letting politicians

know what people want is to exercise

the fundamental right to vote."

strip searches

Strip searches of juveniles in INS

detention centers must be stopped un-:

less there is a reason to believe that

they are carrying weapons, a federal

judge said March 7. The decision re-

presents a victory in the case of Flores

v. Meese, and is part of a broader -

challenge against the INS' treatment

of undocumented children.

"This is an important victory," ac-

cording to ACLU/SC counsel John

Hagar. "Eliminating these strip

searches will reduce the physical and

psychological harm the children are

subjected to."

Earlier in the year, the ACLU and

several other public interest law of-

fices had reached an agreement that

children detained by the INS for more

than 72 hours must be transferred to a

shelter care facility that conforms to

all applicable California standards.

The settlement, approved by U.S.

District Judge Robert J. Kelleher, re-

quires that the INS Regional Associate |

Commissioner for Operations be in-

formed of, and monitor, instances in

which minors are not transferred with-

in 72 hours of arrest to a facility meet-

ing legal standards.

Under terms of the agreement,

the INS must also provide . undocu-

mented juveniles with educational and

other reading materials in Spanish, ed-

ucational instruction in other lan-

guages as needed, recreation,

visitation, and counseling time.

In June 1987, Judge Kelleher ruled

illegal the INS policy which incarce-

rated children suspected -of being de-

portable unless a parent or legal

guardian appear to accept custody.

The ACLU suit charged that children

were being used as bait to get undocu-

mented parents to co to the

INS.

Bond release issues are presently

being negotiated, and if not resolved

will be set for trial within the next three

months.

The National Center for Youth Law,

the National Center for Immigrants'

Rights, Inc., ACLU Legal Director

Paul Hoffman, and ACLU volunteer -

attorneys Ellen Lutz and Ellen Blu-

menthal participated in the case.

Vol. 65 No. 2

Affiliate mourns passing

Two long-time ACLU supporter-

activists have died since the Decem-

ber issue of Open Forum.

Sheldon Andelson died in January.

Among his many involvements was his

membership on the ACLU Foundation

Board of Directors.

A long-time activist from Santa

Barbara, William Rubin, died in De-

cember. Rubin was on the board of

directors of the Santa Barbara Chap-

ter.

The civil liberties community will be

greatly diminished because of these .

losses.

Page: 2 = Open Forum 4

On the job: The people of `ACLU/Southern California

- Biennial Conference

Joyce Fiske, long-time board mem-

ber and past president of the ACLU/

SC, was elected to the 1989 ACLU

Biennial Conference Committee.

Elections were held at the Biennial

Conference in Philadelphia in 1987, at-

tended by more than 500 ACLU activ-

ists from throughout the country.

Joyce Fiske

The conference, held every two

years, is a vehicle for all the different

elements of the organization to meet

as a group to share information and

experiences and discuss matters of

civil liberties concern.

With suggestions and proposals

from affiliates, the committee plans

the work of the four-day conference

which includes formulation of an agen-

da, acquisition of speakers, meeting

and housing locations, and rules and

structure. Meetings of the committee

begin 14 months prior to the scheduled

date of the event.

~ "T am honored and happy to serve

on the Biennial Conference Commit-

tee," Fiske said. "Arranging a con-

- ference of this size and scope is a big

challenge, but it's a big challenge that I

am looking forward to."

Of the seven-member committee,

_ three are elected at the previous Bien-

nial Conference, three from the ACLU

- National Board of Directors, and one

- from the national advisory council.

Legislative Advocate

Francisco Lobaco, an attorney for

the East Palo Alto Community Law

Project and an ACLU of Northern Cal-

_ifornia board member, has been

named a legislative advocate in the

ACLU Sacramento office.

Lobaco will work with ACLU Legis-

lative Director Marjorie Swartz. He

replaces Daphne. Macklin, who held

the post for five years and recently

resigned to work at Legal Services of

Northern California.

"I'm looking forward to working

with and learning from Marge, the

California affiliates, and boards," said

Lobaco. "Aside from monitoring tradi-

tional civil liberties concerns and stop-

ping repressive legislation, I hope that

we can implement affirmative mea-

sures, such as bills related to economic

rights and justice issues...areas I'm

very interested in.

"The ACLU is on the cutting oe of

so many important issues," said Lob-

aco. "The longevity of the staff in this

organization says something about

their dedication."

A graduate of Hastings College of

_ Law and the University of California,

Berkeley, Lobaco has also served as a

Francisco Lobaco

staff attorney for the San Francisco

Neighborhood Legal Assistance Foun-

dation. After leaving the foundation,

he travelled extensively throughout

Europe for a year and a half, while

. living ina Volkswagen bus. .

Lobaco and his wife, Leslie Sanford,

former executive director of a rape

crisis center and a daycare center, |

have a two-year old daughter.

Legal Intake Coordinator

Patricia Erickson, who has worked

at the ACLU/SC in several capacities

since 1984, will continue on a part-time

basis coordinating the legal intake pro-

gram and chapter hotline operators.

The intake program, which involves

with the volunteers,

some of the most dedicated volunteers

imaginable, services the approx-

imately 10,000 people who call, write

or visit the ACLU annually in search of

solutions to their legal problems. The

volunteer counselors make referrals

and answer the countless letters and

telephone requests.

"The best part of the job is . working

" said Erickson.

"They're dedicated and inspirational.

The worst part of the job is witnessing

daily the injustices and discrimination

people suffer."

Erickson said she wishes she could

make the public aware of the hardships

some people are experiencing daily.

"The ACLU is the place that repre-

sents hope for many, many people."

Erickson began her career at the

ACLU as a law clerk, assisting in the

Coalition Against Police Abuse v.

Board of Police Commissioners case,

which successfully challenged the un- .

lawful surveillance and infiltration of at

least 144 organizations and individuals

by the intelligence division of the Los

Angeles Police Department.

The case resulted in a settlement

which provided $1.8 million for the

plaintiffs and imposed the strictest reg-

ulations on political surveillance in the

nation.

After graduating from South-

western Law School and passing the

bar in 1985, Erickson served as the

ACLU's first legal intake attorney for

two years.

In 1987, Erickson was. selected as

the second George Slaff First Amend-

ment Fellow. The fellowship was es-

tablished by George Slaff, a long-time

supporter of the affiliate and board -

member of the National ACLU

Patricia Erickson

Legislative Report

Record number of AIDS bills flood Legislature

By Francisco Lobaco

More than 80 new AIDS-related

bills have been introduced by the Leg-

islature since the beginning of the 1988

legislative year. Additionally, more

than 30 bills are pending from last

year's session.

According to ACLU Legislative Di-

rector Marjorie Swartz, this is the

largest number of bills ever introduced .

on a single subject. 7

In response to the volume of new

bills, a coalition of organizations-in-

cluding the ACLU-has been formed

to formulate and coordinate responses

to the proposals. As part of this effort,

the legislative office will be taking a

leadership role on bills that concern

criminal justice, prisoners, pediatrics,

as well as our continued active involve-

ment on basic civil liberties concerns

including confidentiality, involuntary

testing and discrimination.

Mandatory Testing

Of particular concern to the ACLU .

is the issue of mandatory. testing for

HIV positivity. The organization

strongly opposes testing as an inva-

sion of civil liberties that serves no

health purpose. California law re-

_ quires that testing cannot be done

without a person's written consent.

However, with the assembly's re-

cent passage of AB 2319 (Bronzan)

- and AB 2153 (Wyman), the Legisla-

ture has served notice that, at least

with respect to politically powerless

groups, civil liberties concerns must.

take a back seat.

AB 2319 is an example of politicians

wanting to appear as if they are "doing .

something" about AIDS. If passed, it

would require persons convicted of

prostitution to be tested for HIV. Ifthe

person tests positive, a second.convic-

tion for prostitution would be a felony.

The bill overwhelmingly passed the

assembly despite convincing evidence

that there are very few prostitutes

who are infected with the virus. Addi-

tionally, the bill would void present

confidentiality provisions by allowing

for public disclosure of positive test

results when the prostitute is charged

with felony prostitution.

AB 2153 is also aimed at a group ill-

equipped to fight back. It provides for

involuntary testing of otherwise com-

petent residents of public mental hos-

pitals. If passed, it would authorize a

medical director of a hospital to begin

testing of a patient (subject to review

by a hearing officer appointed by the

Superior Court), provided that the pa- - ;

tient poses a health risk to other indi-

viduals in the hospital.

While the bill was amended to

provide for certain due process protec- .

tion, the ACLU remains opposed to.

any involuntary testing.

The ACLU is actively opposing both

bills as they make their way through

the senate. Unfortunately, however,

it appears both bills stand a good

change of passage.

(Ed. note: Consider writing to your

state senator today. Address is: State

Capitol, Sacramento, CA 95814.)

Pending Bills

Two other bills pending from the

1987 session provide competing ap-

proaches to HIV testing of prison in-

mates. SB 1005 (Doolittle) would

require mandatory, involuntary test-

ing of all new prisoners as they enter

the system. AB 806 (Floyd) is.a volun-

`tary, anonymous, random testing of

(Please turn to page 4)

Enickson also continues to pursue

`her Master's degree in history at Cal-

ifornia State University, Fullerton.

George Staff Fellow

Deborah Stonehouse has been se-

`lected by the ACLU/SC to be the 1988

George Slaff First Amendment Fellow.

The nine-month fellowship was. en-

dowed in 1985 by the Samuel Goldwyn

Foundation on the occasion of Slaffs

77th birthday. It is awarded annually

to an attorney or graduating law stu-

dent.

~ Deborah Stonehouse

Stonehouse, the third recipient of

the fellowship, is working on several

first amendment cases including a suit

challenging the Boy Scouts' discrimi-

natory policy prohibiting participation

of homosexuals, and a suit against

California State University, Long

Beach, charging discrimination based

on sex and sexual orientation in their

women's studies department.

__ "]'m really happy and honored to be

here," Stonehouse said. I thank Mr.

Slaff for the opportunity and privilege

to be working with the caliber of at- (c)

torneys at the ACLU/SC office."

`In addition to First Amendment is-

sues, Stonehouse continues her in-

volvement in the anti-apartheid

movement, and black and gay cas

coalitions.

Last year, Gianehouse worked as a

law clerk at the ACLU of Northern

California on free speech and drug

testing cases, the "No on English

Only" initiative, and against cutbacks

for Medi-Cal funded abortions.

When she's not at the office, Stone-

_ house enjoys exercising at the gym,

- dancing, reading murder mysteries,

and watching PBS's Mystery Bose

and news program.

oe tor; "Marjorie oo nee yb

_ Sacramento legislative advocates; Joel

` Maliniak, director of communications. :

Editor: Rosa M. Martinez - ee

: lished bimonthly, at 633 S. Shatto Place, Los

_ Angeles, CA 90005. Telephone 213-

1879. Postmaster: send address changes t

_ the Open Forum, 633 S. Shatto ee Lo

Angeles; - Oe:

487-1720. Membership is $20 and up, of

which $2 is the annual subscription fee for -

- Open Forum. Entered as second class mat-

ter April 4, 1946. Second class postage paid

at Los Angeles, CA under the act of March3, |

mn Open Forum,

Av

GS et VN tet

(vy "

Fighting Crime:

_ Being a member of the ACLU is not

always easy. It is only rarely an issue

like the Robert Bork nomination comes

along in which my friends can easily

_ understand the fragility and the value

of freedom.

Far more frequently, the civil ber

tarian position is distorted by a dema-

*gogue and, I find myself trying to

. explain an issue in the time it takes to

get to the popcorn counter or waiting

for an elevator to arrive.

One of the worst by-products of the

Reagan era is the tendency of politi-

cians to come up with easy, one-line

"answers" to complicated problems.

Mandatory drug-testing does not cut

_ down on drug abuse but, on the sur-

face, sounds like it does. Mandatory

AIDS testing will not reduce AIDS but,

in the headline, may appear to do so.

We all could list many other examples,

I'm sure.

Perhaps the biggest temptation for

politicians is the desire to appear tough

ori crime. I say "appear" because it is

incredibly rare that the ACLU dis-

agrees with measures that would actu-

ally reduce crime. Although Ed .

_ Messe, that-paragon of law abiding

`behavior, has called the ACLU "the

criminals' lobby," fact is the ACLU is.

equally concerned with the victims of

_ crime as with those accused of crimes.

" Not everyone has resorted to the

' substitution of slogans for action. For

_ Instance, some government officials .

Briefly speaking:

# Prisoners' rights

In a case affirming the right of

federal prisoners to have access to the

courts, the ACLU reached a settle-

ment which resolves the issues of pris-

oner privacy rights raised 1 in Ruark v.

_ Christensen.

__ Inresponse to the allegations raised

in the class. action concerning condi-

on camp at Lompoc, the Bureau of

plete confidentiality to all incoming cor-

: respondence from attorneys and

judges.

Additionally, a eamnicte law library

has been established at the Lompoc

-camp and even inmates confined to

high security housing units will now be

provided with expanded access to it.

Other provisions in the settlement

of the suit filed in U.S. District Court

insure private interviewing rooms for

_ visiting attorneys, increased access to

nonmonitored telephones for inmates

who need to call their attorneys, and

ae for the payment of attorney

ees.

_ The case was handled by ACLU

attorney John Hagar - with Brad Phi-

lips of Munger, Tolles and Olson.

Also, Noel M. Ragsdale and Willie

Genego of University of Southern Cal-

_ ifornia law school.

tions at the U.S. penitentiary and pris-

Prisons has agreed to provide com- -

Making headway or making headlines?

by Danny Goldberg

Chair, ACLU Foundation of

: Southern California

grapple with the very real problem of

gang violence. One constructive ac-

tion has been Sheriff Block's move to

get those accused of nonviolent crimes

out of jails so that violent crimes can be

more efficiently prosecuted. Another

important initiative is the effort for

police redeployment supported by the

ACLU, the NAACP and Assemblyper- -

son Maxine Waters, among others.

Redeployment would send police to the

neighborhoods with the highest rate of

violent crime, not the highest income.

Assemblyperson Mike Roos has an im-

portant proposal that would limit auto-

matic weapons and plastic handguns.

Inevitably, at least one government

official will fall prey to attacking civil

liberties while pretending to attack

crime. Los Angeles City Attorney

James Hahn came up with a scheme

for a civil injunction aimed at the Play-

boy Gangster Crips Gang. The injunc-

tion would have given police the power

to arrest 300 unnamed gang mem-

bers-none of whom were accused of

a crime - if, among other things, they

wore the clothes associated with the

gang while in certain neighborhoods

Gust what Los Angeles needs to fight

-_ crime - a dress code!).

The injunction would also have im-

posed a curfew from 7 p.m until 7 a.m.

and prohibit supposed gang members

from being outside for more than five

minutes, even during the day. Re-

member, these are individuals not

even accused of a crime.

ACLU Challenge

Needless to say, the ACLU of

Southern California was appalled, and

our Assistant Legal Director Joan

Howarth successfully challenged it.

Superior Court Judge Warren Deering

called Hahn's lawsuit "far, far over-

reaching" and agreed with us. that

In a'settlement of another class action

suit filed by the ACLU of Southern

California in May 1987, the county of

San Bernardino has agreed to address

overcrowded conditions and remedy

some equal protection problems in the

county's central jail.

Because of the overcrowding, the

ACLU had alleged a wide variety of

abuses, including a shortage of beds

which forced some prisoners to sleep

on floors; inadequate provision of

clothing, medical and sanitation ser-

vices and personal hygiene supplies;

and minimal cafeteria, recreation and

visitation time.

The settlement provides beds for

each prisoner, clean underwear twice

a week, haircuts every 30 days, and at

least 15 minutes for meals. Three-hour

exercise periods and two 30-minute

visiting periods will be allowed re- .

quired each week.

In the suit, Fuller v. Tidwell, the

ACLU charged that female inmates

were being denied privileges given

male inmates - including access to a

law library, education programs, work

furloughs, release opportunities, low

security housing and also that preg-

nant inmates had not been provided

adequate prenatal care.

In response to the women prisoners'

needs, the settlement requires the

completion, by September 1988, of a

144-bed low security detention unit for

female prisoners planned at the Glen

"many of these provisions violate basic

constitutional liberties." He severely

`questioned the wisdom of attempting

to impose and enforce civil sanctions to

deter crime by pointing out that civil

court hearings are time-consuming

and: provide only meager penalties.

He said to Jim Hahn what the ACLU

had said: "You should just go ahead

and file a criminal charge."

You would think such a rebuke

would embarrass Hahn sufficiently and

make him concentrate the efforts of his

320-lawyer staff on real crime fighting.

Instead, he has used op-ed articles and

interview opportunities to complain

about civil libertarians and the courts

who have thwarted his "creativity."

Hahn even admitted to The Los An-

geles Times he was "not really sur-

prised" by the judge's ruling.

What's truly frustrating, however,

is that-many people - although wor- .

ried about gangs - have little time to

study the issues. Sadly enough, many

of these same people will actually be-

lieve the ACLU is "soft" on gangs and

that people like Hahn are "tough."

Nothing could be further from the

truth. Gang members allegedly in-

volved in violent crimes could be ar-

rested, tried and convicted - and be

facing prison for several years. Under

the Hahn plan, they would have faced

jail for a mere several days. We don't

need to suspend civil rights to- fight

crime; we need to enforce the existing

laws!

Let your elected officials know you

want them to fight crime without dis-

mantling the American system of free-

dom. As ACLU members, we need to

educate ourselves, our friends and our

community about the truth behind

headline hunting politicians taking pot-

shots at the Constitution. If we do,

eventually this will stop.

Crime is a looming, awful problem.

Solving it will take money and take -

energy. It will not be solved by simplis-

tic headlines.

Helen Rehabilitation Center to relieve

overcrowding in the central jail, and

provide women with opportunities and

conditions provided men prisoners.

To reduce frequent high risk preg-

nancies, the settlement also requires

improved pregnancy care and educa-

tion, access of pregnant women to bot-

tom bunk beds, and additional servings

of milk and an evening snack. The

agreement also provides for birth con-

trol and abortion services.

The ACLU has been asked to moni-

tor prisoner grievances and county

compliance with the settlement. The

county will pay the ACLU for attorney

fees.

Attorneys who worked on the class

action lawsuit included John Hagar,

Rebecca Jurado, Dick Herman, Harry

Lerner, Karen Shryver of the Prison

Law Office, James Glick, and Dan Jor-

`don.

Briefly speaking:

A massive 400-page opening brief

appealing the conviction of eight Ari-

zona sanctuary workers has been filed

in the 9th Circuit Court of Appeals.

A number of significant issues were

raised, including the argument that the

eight defendants were denied a fair

trial because judge Earl Carroll pre-

vented the jury from hearing, among

other things, evidence of the wide-

spread human rights violations in El

Salvador and Guatemala.

The ACLU argues that these hu-

man rights violations caused the re-

fugees to come to the United States -

assisted by the sanctuary workers -

in search of the protection promised

them under the U.S. refugee law and

- international law.

The court also prevented the jury

from hearing evidence of Immigration

and Naturalization Service abuses

which cause Central Americans fleeing

persecution to avoid the INS and to

`seek the humanitarian assistance of

the sanctuary movement.

These and numerous other argu-

ments have been asserted as grounds

for reversal of the convictions. ACLU/

SC attorneys prepared the arguments

concerning selective prosecution,

search and seizure, and imternational

law for the opening brief. The briefing

will be completed by this summer and

_ oral argument will be scheduled this

fall.

ACLU attorneys working on the

case U.S. v. Aguilar, included Legal

Director Paul Hoffman, Church/State

project attorney Carol Sobel, and Gen-

eral Counsel Mark Rosenbaum.

ACLU cooperating attorneys were ~

Zazi Pope, Elaine Millar Melnick,

Richard Tom and legal extern Michael

Goodman.

Briefly speaking:

Gay rights

Gay student groups were celebrat-

ing victory when the District of Colum-

bia Court of Appeals issued a decision

ordering Georgetown University to

provide "equal tangible benefits," such

as office space, to the Gay Rights

Coalition (GRC), a student group at

that campus.

Georgetown University had denied

GRC the same access to "tangible

benefits" extended to the Jewish and

women's groups on campus. The uni- -

versity claimed that if it were to

provide access to GRC, it would be

endorsing homosexuality - in viola-

tion of the free exercise clause of the

First Amendment.

GRC filed suit against Georgetown

University under the District of Colum-

bia's Human Rights Act which ex- |

plicitly protects against discrimination

on the basis of sexual orientation.

The district trial court found that the

act had been violated but that George-

town University's conduct was im-

mune under the First Amendment.

The ACLU/SC and the National

ACLU filed an amicus brief on behalf of

GRC. Explaining the ACLU position,

ACLU/SC attorney Susan McGreivy,

said that "equal treatment is not the

equivalent of endorsement. An institu-

tion serving predominantly secular

functions, in a fashion directly compar-

able to that of secular institutions, is

not within the free exercise clause ..

The governmental interest in the erad-

ication of discrimination against

homosexuals should be an overriding

one."

Former ACLU/SC staff attorney

Gilbert Gaynor also worked on the

_ brief.

Page 4

ACLU/SC Chapter Meetings

BEVERLY HILLS/

WESTWOOD

Thursday, Apnil 28, 6 p.m. Steering

Committee meeting (no host dinner) at

Westside Pavilion, Community Room

(3rd floor, Overland side of shopping

center), 10800 W. Pico Blvd. For more

information, call (213) 670-7999 or

(213) 203-9595.

Monday, March 21, 7:15 p.m. Lec-

ture and discussion led by Dr. Betty

Brooks on "The Colonization of Wo-

mens' Bodies: Is safe sex, fat or

wrinkles allowed."

FEMINIST FORUM

Monday, Apnil 18, 7:15 p.m. Panel

`discussion on "Adoption: Issues to

Consider." Chris Littleton, Professor

UCLA School of Law and ACLU board

member will lead the discussion.

Feminist Forum meetings are at the

_ ACLU/Southern California library,

633 S. Shatto Place, Los Angeles. For

more information, call Dr. Brooks at

(213) 487-1720.

Tuesday, March 22, 7:30 p.m. Dis-

cussion on the "Brian Batey Custody

Case" involving the Palm Springs fa-

ther who died of AIDS and his long-

time friend and companion who re-

ceived custody of Batey's son. Speak-

ers are Carol Sobel, Brian Batey and

Craig Corbett. For further information

call David Taylor (213) 548-0491.

LESBIAN and GAY RIGHTS

Tuesday, April 26, 6 p.m.

"Bills that affect the G/L Community."

Diane Himes and Rand Martin. Himes

is co-chair of Lobby for Individual

Freedom and Equality and Martin is a

lobbyist. They will discuss the approx-

imately 100 bills pending in Sacramen-

to on AIDS and related issues. For an

opportunity to meet the speakers join

the chapter for dinner at 6:00 p.m.

For more information, call David Tay-

lor (213) 548-0491.

LONG BEACH

Monday, March 21, at 7:30 p.m.

Nominating Committee meeting.

Elections to be held Monday, April 18

at 7:30 p.m. For meeting location call

(213) 597-6156.

SAN FERNANDO VALLEY

Friday, March 25, at 7:15 p.m.

Steering Committee meeting. For

more information call Norm Beal at

(818) 344-9241.

Friday, April 22, at 7:15 p.m. Steer-

ing Committee meeting. for more in-

formation call Norm Beal at (818)

344-9241.

SINGLES

Sunday, April 24, at 7 p.m. Discus-

sion on "AIDS Legislation and Civil'

Liberties," led by Roger Kohn at Bur-

ton Chace Park, conference room,

13650 Mindanao Way, Marina del

Rey. For further information call Dean

(213) 392-7149 or Myron (818)

893-2276.

Thursday, April 21, 7 p.m. Planning

meeting, call (213) 203-9525 or (213)

392-7149 for more information.

VENTURA COUNTY

Wednesday, March 23, at 7:30 p.m.

Review Board and Standing Commit-

tee. For location call Brad Smith at

(805) 983-6748.

|

Topic: -

COMMITTEE

MEETINGS

April and May

Following is a list of committee meetings for

April and May. Unless otherwise noted, all

meetings are held at the ACLU Seniel Ostrow

Building, 633 S. Shatto Place, Los Angeles.

The building is wheelchair accessible.

Committee Date Time

Workers' Rights Apr. 6 7:00 p.m.

Women's Rights" Apr. 11 7:30 p.m.

Lesbian and Gay

Rights Board Apr. 1] 7:30 p.m.

Executive Apr. 12 7:30 p.m.

Board of Directors** Apr. 25 7:30 p.m.

Medical Rights Apr. 18 7:30 p.m.

Lesbian and Gay

Rights

General Meeting +4

First Amendment

Apr. 26 7:30 p.m.

April 27 7:30 p.m.

Workers' Rights May 4 7:00 p.m.

Womens' Rights" May 9 7:30 p.m.

Lesbian and Gay

Rights Board May 9 7:30 p.m.

Executive May 10 7:30 p.m,

Board of Directors** May 14 10:30 a.m,

Medical Rights May 23 7:30 p.m.

Lesbian and Gay

Rights

General Meeting + May 24 7:30 p.m.

First Amendment May 25 7:30 p.m.

* Call Jean Gates (213) 487-1720 for location,

** Call Dick Hingson (213) 487-1720 for loca

tion.

+ Plummer Park Conference Room,

7377 Santa Monica Boulevard, West Hol

lywood

San Diego

becomes 52nd affiliate

At their January meeting, the ACLU

national board of directors granted af-

filiate status to the ACLU/SC's San

Diego Chapter. The chapter was one

of the first established by the Southern

California affiliate. The ACLU/SC has

supported it for more than 15 years,

watching it develop into a viable civil

liberties voice in that region.

The ACLU of San Diego and Imperi-

al counties has 3,500 members, at

once a larger membership than 25

other affiliates across the country.

Along with ACLU of Southern Cal-

ifornia and ACLU of Northern Califor-

nia, San Diego becomes the third

affiliate in California.

Open Forum schedule

to change

Beginning with this issue, Open For-

um will be published bimonthly. The,

change to six issues annually will

make resources available for the pub-

lication of several eight-page issues.

This is necessary for the presentation

of policy debates and in-depth educa-

tional articles.

We would appreciate hearing your

thoughts about Open Forum. Do you

read Open Forum? What do you like

about it...What don't you like? What

would you change, or how do you think

it could be improved? We welcome

letters to the editor, articles, or story

ideas. -

Address correspondence to Editor,

Open Forum, 633 5. Shatto Place, Los

`Angeles, CA 90005,

Book Review:

Open Forum, :

-

By

i

Rights and Wrongs in the Supreme Court /

By Jack Sullivan |

The Burger Years: Rights and

Wrongs in the Supreme Court edi-

ted by Herman Schwartz, American

University (Viking Press, 1987)

The Supreme Court usually hoves

into view when some unusual event

occurs - a controversial or unusual

decision (Roe v. Wade, on abortion); a

highly debated appointment to the

court (nominations of Judge Bork or

Judge Ginsburg); or a presidential pro-

nouncement (Ronald Reagan on the

virtues of "judicial restraint"). Be-

tween those bursts of notoriety, we

assume the court is there, but we're

not quite sure what it's doing.

It is of no surprise to lawyers and

students of.the court that these peri-

ods of low public visibility are times of

extremely high judicial activity and

that the court is busy with a variety of

cases on a broad number of issues.

This book gives an exceptionally de-

tailed critique of the Burger Court.

Topics covered include issues of jus-

ticiability (access to the Burger

Court), censorship, discrimination, the

criminal justice system, the death

penalty, labor-management relations,

and oversight of administrative agen-

cies. The volume provides a wealth of -

references both to cases and commen-

taries on those cases.

The central theme is easily stated

but disturbing in its contention: that

although the Burger Court did not

completely reverse the expansion of

civil liberties carried on by the Warren

Court, it made a very concerted effort

to.

Another theme deals with access:

Often, the court ruled that individuals

making civil liberties claims did not

have standing to bring a case if they

could not show they were directly

affected by the wrong - or might

AIDS bills

(continued from page 2)

cent

prisoners and requires the Depart-

ment of Corrections and the California

Youth Authority to develop long-term

care plans for inmates who have AIDS/

ARC or are self-identified as HIV posi-

tive.

Newly introduced bills which have

serious civil liberties implications in-

clude AB 2900 (Johnston). It would

allow insurance companies to use HIV

antibody tests to determine insur-

ability of applicants for individual and

small group life, health, and disability

insurance.

California is presently one of only

two jurisdictions (the other being

Washington, D.C.) which prohibits

HIV testing for insurability. This bill is

preconditioned on the passage of AB

600 (Isenberg) which would create a

risk pool for medically uninsurable per-

benefit from any remedy. On the other

hand, those with claims based on prop- .

erty rights more readily gained ac-. "

cess. |

In general, the authors do an excel-

lent job of documenting the general

rightward movement by the Burger

Court. ho

The Burger Years offers a wealth of '

detail on important decisions - most

notably the chapters by Yale Kamisar

on the efforts to undo Miranda; by

Wendy Williams on gender discrimina- , _

tion; by Haywood Burns on discrimina- "

tion; and by Michael Meltsner on the

death penalty.

No doubt you will finish this book

with a far better understanding of what

you knew - the Warren Court ac-

tively pushed the cause of civil liberties I

and consistently opened up oppor-

tunities for individuals to pursue their

constitutional rights, while some mem- `

bers of the Burger Court not only at- *

tempted to reverse this process, they I

sometimes succeeded.

The court has undergone ishportanll

changes with the resignations of Chief

Justice Burger and Justice Powell and

awaits further changes as Justice Ken-

nedy takes his seat. At the same time, -

the question of AIDS and privacy"

rights are issues that have arisen. |

While the older issues of full rights for

gay men and lesbians, for women and

for people with disabilities remain un-

resolved.

It is not perfectly clear what will ,.

result from a court moving further to ;

the right while groups experiencing

discrimination continue to argue their

cases. But the authors of this book

have alerted us to the kinds of argu-

ments that the Burger Court has used ,

to restrict civil liberties. And will likely

be used by the current court in the'

future.

Jack Sullivan ts a member of the ACL Ul

SC Board of Directors and teaches polit-'

ical studies at Pitzer College. 3

ae |

sons. Despite the alternative health

plan proposal incorporated into AB

2900, the ACLU strongly opposes pas-

sage of this bill which would make it "

very difficult for those stricken with the |

disease to have access to the health!

care they require.

It is too soon to predict which other

proposals are most likely to proceed

through the Legislature. Although :,

many of the |

icles, there are, indeed, some which

are either neutral or present positive

approaches. These include bills}

providing for AIDS-related education-

al programs designed for all levels of school-age children, for IV drug users

and for people in the work place. Other bills propose new programs for hospice

care, counseling and mental health

services.

Franciso Lobaco 1s an ACLU legisla- |

tive advocate in Sacramento.

-

Announcing: `

The 1988 ACLU Membership Competition

April through May

Grand Prize - HAWAII VACATION FOR TWO

For information and recruiter kit, call

Lisa Lazar (213) 487-1720

= re -