Open forum, vol. 77, no. 2 (Spring, 2003)
Primary tabs
~ SENATOR SHEILA
KUEHL ON
UNIVERSAL
HEALTH CARE
FIGHTING THE
COUNTY'S
HEALTH CUTS
"BROKEN
WINDOWS' IS A
BROKEN THEORY
cONFIDEN ys
PATRIOT II CAN
BE STOPPED
ENHANCE
Loe Angeles County
DEPARTMENT OF cent
Children and Fami
Services
Te
ros
Mac Laren Children's Center
THE AMERICAN CIVIL LIBERTIES UNION OF SOUTHERN CALIFORNIA | QUARTERLY PUBLICATION | EQUALITY + JUSTICE - LIBERTY
"ALCATRAZ FOR FOSTER KIDS" TO BE SHUT DOWN
L.A. County Supes Say ACLU Suit h
"Unfortunately, what we have seen is a
county orphanage that almost turned into
an asylum," said Supervisor Gloria Molina
at a news conference announcing the
county's settlement of a lawsuit brought
by a consortium of public advocacy
groups. `I hate to say it, but that's the
reality. The lawsuit really moved us to
start thinking differently about Mac
Laren."
The American Civil Liberties Union of
Southern California, along with a number
of organizations, including the Western
Center on Law and Poverty, the Children's
Law Center, Center for Law in the Public
Interest, Youth Law Center, Protection and
Advocacy, Inc., the Bazalon Center for
Mental Health Law and the law firm of
Heller Ehrman White and McAuliffe,
reached a landmark settlement with the
County of Los Angeles in March in a case
seeking improved mental health services
for foster children throughout Los
Angeles.
tye
Ge
and
Zz
i
WHY
ON
Wis
tip
Ye
LE
7
il,
WHA
i Liage
Y
7
thy
i
tty
soneeeecoeteni
lade Them Do the Right Thing
"Kids with mental health and other issues
are going to get the services they deserve,"
said County Supervisor Zev Yaroslavsky at
a news conference announcing the
settlement.
The lawsuit was filed in July, 2002.
Advocacy groups sought to ensure delivery
of appropriate mental health services for
children in or at risk of being placed in
Department of Children and Family
Services custody. Significant numbers of
children in the County's foster care
system were not being screened, much
less treated for mental health problems.
Advocates hailed the settlement as a giant
step forward in ensuring proper delivery of
mental health services to foster children
in Los Angeles.
"This historic agreement, the most far-
reaching and progressive of its kind in the
history of the nation, assures that all
children in the custody of the County
= ey ssc SR x oS aS =
SBS WW EF FF we SK GFK GQ OYE
s s
TESA Uae)
PATRIOTISM and DISSENT
by Ramona Ripston, ACLU/SC
Executive Director
Regardless of where we stand on the
issue of war, intervention, the policies of
the current administration, and unilateral
vs. multilateral action, there's one thing |
hope we can all agree on as Americans:
dissent is not an indicator of patriotic
feeling and neither is support for the
current Administration's course of action.
During these times of increased
uncertainty and as we wage a "war on
terror' that may know no end, we must
remember that dissent is, in fact, a
patriotic act.
Yet instead of respecting this
fundamental right during these critical
times, there is an increasing intolerance
of dissent, an atmosphere in which
dissent is read as dangerous, unpatriotic,
or treasonous.
Just ask Natalie Maines, lead singer for
the Dixie Chicks, who hails from Texas.
At a concert in Great Britain she said,
"We're ashamed the president of the
United States is from Texas." Those
words brought on a hail of criticism,
boycott threats and, worse, charges of
"un-Americanism."
There have been other, equally troubling
developments, as well. In New York, a
man is arrested at a shopping mall after
refusing to take off an anti-war t-shirt he
purchased in the mall. The state of
Oregon is considering legislation that
could easily classify protestors as
terrorists. Police departments
throughout the country are being given
free rein to spy on local activists and
others who engage in protest. A
community college in Orange County
instructs school officials to refrain from
discussing their views on the war.
School administrators in another part of
the state exert pressure on a middle
school student for wearing a white
armband to protest the war, raising the
question as to whether any of those
administrators were familiar with the
SEE DISSENT P. 5
13 977 5241
THE HEALTHCARE FOR ALL CALIFORNIANS ACT
MAKING PROGRESS IN A TIME OF GRISIS wy tes time For a maior change
by State Senator Sheila James Kuehl
Senator Sheila Kuehl
[`ditor's Note: The
CLU/SC is one of the only ACLU
affiliates in the nation to inelude an economic bill of
rights in 1S polic Y positions That polic y arti ulates
healtheare as a right for all
As | write this,
federal polic y decisions plac e America's
our country 1s at war,
treasured civil liberties at risk, our
federal budget 1S gutted and plunging
deeper and deepet into delic it, and out
state laces enormous budget cuts of ou
own. Social services are in peril, and
lives are already being lost. `This is a
time ol great instability and un ertainty,
a time in which many of us have reason
both to be angry and to grieve
While we give shape and thought to
these inevitable feelings, it is also
Imperative that we take this time to think
about strategies to cent ombat negative
trends, We can still devote energy to
those long term efforts that will require
clarity of vision, commitment and
planning
For example, we who live in California
know that our healthcare delivery system 1s
broken. The number of Californians
without health insurance hovers between 6
and 7 million (almost | in 5), and 85% of
uninsured Californians are employed
`Those of us who can alford health
insurance, or whose benefit package
Hie ludes ( OVCraye, ars paying Tore i
premiums, co-pays and deductibles, At the
same time, those without insurance are
forced to turn to emergency rooms for
medical care, and people with chronic
conditions such as high blood pressure are
putting olf treatment and sullering
catastrophic events, such as strokes,
People who have good jobs, who conside1
themselves affluent or middle class, can be
bankrupted by a single, severe medical
crisis, All of us are increasingly burdened
by the need to consider rising costs in the
course of making the most personal and
life-altering medical decisions about what
is best for a loved one or for ourselves.
This is why, in the midst of severe statewide
and national crises, | have introduced SB
921, legislation that will, if pi ssed,
transform California's healtheare delivery
system. By creating a single, streamlined
and efficient claims and reimbursement
system administered by an elected official
and run by a state board, we can, without
any new burden on the state's general fund,
| urge you to dare to
hope, once again, that
the compassionate
thing might really be
the sensible, practical
thing as well, I urge
you to dare to hope
that the simple human
need for healing ...1s not
a pipe dream, but a
reality that people
who live ina
democracy can bring
into being.
Senator Sheila Kuehl
z
slash the administrative costs of healthcare
delivery from about 27% to about 3% of the
healthcare budget, thus freeing up the
funds to cover every resident of California
under a quality healthcare plan that
guarantees the right to choose one's own
healthcare providers.
Under the terms of SB 921, healthcare
would remain private and consumers would
choose the providers who are right for
them. Medical, dental and mental
LEGAL UPDATE
by Elizabeth Schroeder
Buono v. Norton. The federal district court judge
hearing our First Amendment challenge to a large
Latin cross on federal Mojave National Preserve land
denied the government's attempt to stay his earlier
decision that the cross had to be removed. The
judge concluded that the government had not shown
a reasonable likelihood of success on the merits on
appeal or that it would suffer irreparable injury if the
cross were taken down during the pendency of the
appeal to the Ninth Circuit, After the ruling, the
cross was covered with a large canvas cloth,
Fitzgerald v, City of Los Angeles; n one of the first
challenges to LAPD Chief Bratton's "broken
windows" policy, we filed sult challenging the
legality of so-called "probation sweeps" conducted
by the police on Skid Row. The purpose of the
sweeps is to pick up probation and parole violators;
instead, the LAPD is harassing and illegally
detaining and searching people who have never
been on probation or parole, or who are in complete
compliance with the conditions of their release, Our
lead plaintiff was jailed for 6 days with no charges
filed and no parole violation noted; he lost his job as
a groundskeeper as a result,
Jones v, City of Los Angeles: n another
challenge to the LAPD's homeless policy,
we filed suit to prevent the police from
ticketing and arresting people who sit,
sleep or lie on public sidewalks, We agree with local
residents, businesses and government that people
should not be sleeping on the sidewalk, But
because there are 80,000 homeless people in L.A,
and only 4,000 shelter beds, it is impossible for the
vast majority of people to comply with the law. Los
Angeles spends shockingly less than any other
major city in this country on homeless services, Our
suit is intended to force the city to address the
needs of the homeless through constructive
programs that ensure housing and mental health
services, rather than jail and fines. Cooperating
counsel Carol Sobel is taking the lead in the case
for the ACLU,
Lockyer v. Andrade: |n a disappointing 5-4 decision
with a sharply worded dissent, the U.S, Supreme
Court upheld California's Three Strikes law, We urged
the Court to declare Three Strikes unconstitutional as
a Violation of the Bth Amendment's prohibition against
cruel and unusual punishment. The defendant is
serving 25 years to life for stealing $153 worth of
children's videos at K-Mart just before Christmas.
Porter v. Jones: The Ninth Circuit reversed a federal
district court's ruling in the first-of-its-kind Internet
political speech case. Our First Amendment suit
challenged Secretary of State Bill Jones' threat of
criminal prosecution against a voter discussion and
political strategizing web site during the 2000
election, The site allowed people to engage In
general dialogue about the formation of third parties,
matched voters in "safe" and "swing" states with
complementary voting preferences, and facilitated
communication between persons living in different
states about electoral college voting strategies. As
a result of the Secretary's prior restraint on speech,
this website and another with similar content shut
down rather than run the risk of prosecution, The
Ninth Circuit ruled that the district court erred, and
returned the case to the district court for further
proceedings,
U.S, ex rel Glenn Goodwin v, Old Baldy Couneil of
the Boy Scouts of America, Inc. The ACLU/SC
filed suit under the Federal False Claims Act
charging that the Old Baldy Council of the Boy
Scouts fraudulently obtained $15,000 in federal
taxpayer funds to sponsor its recruitment activities.
Ihe Council signed a certification of compliance with
state and federal anti-discrimination laws, despite
the Scouts' own rules prohibiting the hiring of (or
accepting as youth or adult members) gays and
lesbians and people who refuse to swear an oath to
God, Board member Glenn Goodwin brought the
Suit,
When an Anaheim high school newspaper was
threatened with censorship by the princ ipal over
student articles that addressed the dress code, the
Pledge of Allegiance, and opposition to a likely war
in Iraq, the ACLU/SC sent a letter clearly
articulating the strong protections granted student
journalists in the California Constitution and
Education Code,
healthcare, as well as prescription drugs
and other services would be covered by this
plan. Independent providers would be
directly reimbursed, and large institutions
such as hospitals would receive a yearly
budget. Healthcare standards would be
overseen on a statewide and regional level,
and long-term expenditures would be made
on the basis of medical need. `To find out
more about the specifics of this plan, please
visit my web page, which can be accessed
through the directory at sen.ca.gov. | also
i
Invite you to visit health areoptlons.ca,goand read the independent Lewin cent srOup
report, which " oncluded that the CalCare
model, which inspired my bill, will save the
state's economy money and allow us to
cover every cent lalifornian with quality care,
The plan will be paid for in taxes, federal
money and grant funding. The great
majority ol those laxpayers who now pay fo)
insurance will find that, at the end of the
year, they will pay less than they now pay ih
premiums, deductibles and co pays and
wind up with far more Limployers who pay
for insurance will, for the most part, also
realize substantial savings. `The tax for this
plan will be means-based, which means
that no one will pay more than they can
alford. Now, of course, one either pays
what insurance companies cent harge or does
without.
`This may seem like an odd time to press for
such a sweeping, proactive change. But il
we ever needed to move beyond the
defensive toward a world in which we want
to live, that time is now. All too often,
people say tome: "Sheila, | have read you
bill and checked your figures and it all
seems right. In fact, it seems too right-too
good to be true. | want to support this bill
but it just seems like there isn't any hope
that anything like this could ever happen.
| urge you to dare to hope, once again, that
the " ompassionate thing might really be the
sensible, practical thing as well. I urge you
to dare to hope that the simple human need
for healing in a time of sickness is not some
pie-in the-sky pipe dream, but a reality that
people who live in a democracy can bring
Into being, 4
weal
e
Go to www.aclu-sc.org and hit the
big red Take Action button to send |
a FREE fax of support for SB 921.
ACLU/SC | OPEN FORUM ISSUE 2 | 2003
M0 Has Not Changed During Preceding 12 Months
14. Publication Tile Open Forum
16 Extent and Nature of Circulation
4 Total Number of Copies (Net press run)
Requested
Circulation (2) Paid In-County Gubseriptions lated on Porm 4641
Sales Through Dealers and Carers, Gireet Vendors
(4) Other Classes Mailed Through the UGP6
6. Total Paid and/or Requested Ciroulation
dh 66
(1) Outside-County a6 Slated on For 4641
Distribution
(2) IGourty 46 Stated on Form 4541
(3) Other Classes Mailed Through the USPS
6, Pree Distribulion Outside the Mail
{, Total Pree Distribution
9G. Total Distribution
fh. Coples Not Distributed
|, Total
| Percent Paid and/or Requested Ciroulation
16. Publieation of Statement of Ownership
X Publication required, Wil be printed in the Fall 2002
17, Signature and Tile of Pditor, Publisher, Husiness Manager, of Owner
(including oivil penalties)
C) Has Changed During Preceding 18 Months (Publieher must aubmil explanation of ohange with thia statement)
b, Paid and/or (1) Paid/Mequesied Outside County Mail Subscriptions Slated on Form 3641
(
" Gounter Sales, and Other Nor-USPS Paid Dletribution
uf Dd Date
CL. AMNAceer
| certity that all information furnished on this forn is true and corplete, tunderat "nd that on who furniehes false or misleading Information on this torn
or who omits material or information requested on the torn may be subject to criminal sanctions (including fines and imprisonment) and/or civil sanotions
Fall 2002
No, Copies of Single lsaue
Published Nearest to Piling Date
14. lesue Date for Ciroulation Data Malow
Average No, Copies Bach Issue
During Preceding 12 Monthe
26,600 22,700
14,096 22,470
0 0
0 0
0 0)
18096 22,700
0 0
0 0
460 460
6,162 6,068
6,602 7,018
24,608 20,468
1,802 612
26,600 44,000
13'% 70'%
issue of this publication (C) Publication not required
10,04,02
, Editor
a member of Amnesty International's USA post-9/11 National Crisis Response qroup
and head of their MultCultural Advisory Committee; Edina Lekovic of the Muslim
Public Affairs Council and managing editor of Minaret Magazine, a major national
Muslim periodical, The event was organized by Ann Goldberg, an Inland Empire chap-
ter representative to the ACLU Board of Directors and Professor of History at UC
Riverside, and conceived in cooperation with Glenn Goodwin of the Pomona Valley
Chapter of the ACLU,
CHAPTER ELECTIONS
Each fall the ACLU of Southern California Chapters hold their annual election of offl-
cers, Chapter-elected members of the Board of Directors shall be elected in October,
November or December to take effeet January 1, 2003. Representatives to the Annual
ssembly shall be elected prior to November 16, Please call the Chapter contact num
ber listed under Chapter Meetings for the election date scheduled in your region,
ACLU OF SOUTHERN CALIFORNIA
FALL 2002
me
-- ee
y fo
ty i
| pay
O
his
vant
/OUl
too
bill,
eC
m
nN,
that
" the
you
need
some
that
Uv
ng
he
nd
REHABILITATION, EMERGENCY SERVICES AT STAKE IN SUIT AGAINST COUNTY
a
oe Ripston denounces cuts at press conference
Gary Harris was taking a walk to the
corner store when his world was
shattered by a bullet that would leave him
paralyzed, In that moment, Harris
became another grim Los Angeles
statistic, the victim of a drive-by shooting,
but the story has a hopeful sequel.
Instead of leading the rest of his life in a
wheelchair, Gary was able to enter a
rehabilitation program, and a public,
world-class institution for rehabilitation
was available: Rancho Los Amigos
National Rehabilitation Center.
At Rancho, Gary Harris learned how to
walk again,
"| went in every day and sometimes twice
a day," said Harris. "Eventually, with the
help of the staff there at Rancho, | was
able to get some mobility with crutches.
I'm convinced that if it wasn't for Rancho,
| would still be in a wheelchair today."
Gary's success story is not unique,
Rancho Los Amigos treats thousands of
patients a year and is one of the nation's
premier rehabilitation centers;
ACLU Seeks to Block Certain County Healthcare Cuts
prssiies
unfortunately, if the recently proposed
Los Angeles County health care cuts go
forward, there won't be many stories like
Gary's left to tell,
"Eventually, with the
help of the staff there at
Rancho, I was able to
get some mobility with
crutches, I'm
convinced that if it
wasn't for Rancho, I
would still be ina
wheelchair today,'
Gary Harris
In March, 2003, the American Civil
Liberties Union of Southern California,
Neighborhood Legal Services, and the
Legal Aid Foundation of Los Angeles filed
suit to stop the closure of Rancho Los
PRISONER PLACED IN EXTENDED CONFINEMENT
WITH NO CLOTHES, NO BLANKET
ACLU Joins 9th Circuit Appeal Challenging Washington
Prison Incident
As the temperatures dropped February 2,
1998, Sylvester Mahone was placed in a
plain, concrete cell with no clothes, no
blanket, no heat, no toilet paper, and no
water. He spent a total of three days in
these stark conditions as punishment for
unruly behavior,
Mahone took action by suing Joseph
Lehman, Secretary of Washington's
Department of Corrections, and officers
from Clallum Bay Corrections Center,
CBCC, for cruel and unusual
punishment.
His treatment was cruel and unusual
punishment, plain and simple," said
ACLU/SC Staff Attorney Ben Wizner,
who is assisting Mahone in his appeal to
the Ninth Circuit. "This kind of
inhumane treatment is a relic of our past
and should have no place in our jails and
prisons.
Mahone likened the strip cell to sitting
inside a freezer, and said he had no means
of staying warm for the first three days.
Mahone was held for a total of 10 days in
the so-called strip cell. Prison officials
extended his stay because Mahone was
"noisy" and his emergency grievance
about the temperature was deemed "non
emergency."
Gary Harris
Amigos. In addition, the suit seeks to
stop the County of Los Angeles from
cutting another 100 intake beds at
County-USC Medical Center.
"The cuts leave a gaping hole in Los
Angeles' safety net for the sick and
medically needy," said Mark Rosenbaum,
Legal Director for the ACLU of Southern
California.
In the fall of 2002, the Los Angeles
County Board of Supervisors voted to
close eleven public health clinics
throughout the county. `These cuts left
thousands of county residents without
alternative treatment options. At the
time, the county hinted that further cuts
were on the way.
Only a major cash infusion could stave
off the additional cuts. The infusion came
in the form of $250 million dollars in
state and federal funding, but despite the
additional funds, the county refused to
delay the closure of Rancho Los Amigos
and the reduction of 100 medical intake
beds at County-USC Medical Center.
EDITOR HEATHER CARRIGAN
ASSOCIATE EDITOR CHRISTOPHER CALHOUN
The ACLU/SC, Neighborhood Legal
Services and Legal Aid Foundation of Los
Angeles decided they had no other option
but to go to court in order to stop the
hemorrhaging.
"For too many years now, Los Angeles
County's healthcare system has been
crisis-driven, culminating in these cuts,
irrationally excising needed rehabilitative
and emergency service without leaving
the system any more self-sustainable,"
said Rosenbaum. "Because no
countywide system for the delivery of
healthcare can function without these
services, the reductions will only make
essential restructuring and reforms more
difficult."
"These cuts are not merely life
threatening; they are also illegal," said
Yolanda Vera, staff attorney with
Neighborhood Legal Services. "The cuts
violate the county's legal duty not to
discharge patients from hospitals without
taking steps to ensure follow-up care is
available,"
As of press time, the attorneys were
preparing to file a temporary restraining
order in order ensure a freeze on further
reductions while the court considers the
Case,
For many of Los Angeles residents, much
hangs in the balance.
"I guess to most people who haven't used
the services at Rancho, it just seems like
any other hospital or clinic," said Gary
Harris, who is also a plaintiff in the legal
action. "I don't know where else | could
have gotten the type of therapy that they
provided and | don't know where I'll go if
it closes down." #@
ART DIRECTOR MICHELLE MATTHEWS
CONTRIBUTORS TENOCH FLORES, ELVIA MEZA, MALEK MOAZZAM-DOULAT and KATHY SANCHEZ
COPY EDITOR LOIS BADER |
ACLU PRESIDENT GARY WILLIAMS |
ACLU FOUNDATION CHAIR JARL MOHN |
EXECUTIVE DIRECTOR RAMONA RIPSTON
openFORUM (ISSN 0030-3429) is published quarterly by the American Civil Liberties Union of Southern California
and the ACLU Foundation, at 1616 Beverly Blvd. Los Angeles CA 90026-5752. Telephone (213) 977-9500.
TORT MCCA R YUe AT MCAT VaR UCAS TINT COMM CIMA IT
MU CINM ICTR AM ELMO CLL
Postmaster: Send address changes to Open Forum, 1616 Beverly Blvd. Los Angeles, CA 90026
ACLU/SC | OPEN FORUM ISSUE 2 | 2005
FT TT RC TT
OWS" POLICING
by Professor Bernard E. Harcourt Bernard E. Harcourt is Professor of Law at the
of Order: The False Promise of Broken Windows Policing (Harvard University Press 2001).
ROKEN THEORY: "BROKEN WIND
OSTS AT NO CLEAR BENEHT
4
:
Recent controversies over LAPD sweeps
of Skid Row, attempts to clean up
Hollywood, and efforts to rid Los
Angeles of graffiti have a familiar ring to
them. LAPD Chief William Bratton
employed a similar "broken windows'
approach during his tenure as New York
City Police Commissioner from 1994 to
1996. The broken windows theory posits
that public disorder, such as oraffiti,
solicitation, or fare jumping, causes
higher crime by signaling that the
neighborhood is out of control, and that
combating disorder will reduce serious
crime. But questions arose about this
theory in New York City.
While Bratton's previous tenure did
coincide with remarkable drops in crime
in New York City as well as nationally,
criminologists and social scientists
question whether those drops were
connected to the broken windows
approach of aggressive misdemeanor
arrests. Without question, Bratton's
policies and practices also coincided
with civil liberties and civil rights costs.
To highlight just a few:
Allegations of police misconduct
reported to the Civilian Complaint
Review Board increased by 68%
between 1993 and 1996.
Amnesty International found
racial disparities among complainants of
police misconduct in a report dated
June, 1996. The report stated that
"the large majority of the victims of
police abuses are racial minorities.
Racial disparities appear to be
especially marked in cases involving
deaths in custody or questionable
. "
shootings.
-Claims of police abuse filed in
court increased 39% from the period
1991-1993 to 1994-1996. Over the
same period, settlements paid on
claims alleging improper police
actions increased by 45.8%.
-In general, the very decision to
pursue misdemeanor arrests, rather
than other policing strategies, results
in disproportionate arrest rates for
African Americans. In 1999, for
instance, 43.4 percent of adults
arrested for vagrancy in large
metropolitan areas were African-
American; yet, African-Americans
represent less than 15 percent of the
total of "~these
metropol itan areas.
population
If you can produce a large drop in crime,
some would argue, communities might
well be willing to sacrifice their civil
rights and civil liberties. But there is no
reason to ask communities to make that
trade, because no good evidence exists
that broken windows policing works.
The studies cited as verifying the broken
windows hypothesis are Skogan's 1990
work "Disorder and Decline: Crime and
the Spiral of Decay in America," and a
report by the Manhattan Institute called,
"Do the Police Matter? An Analysis of
the Impact of New York City's Police
Reforms." Both are based on weak data
and suffer research design flaws. On the
other hand, the most comprehensive and
thorough study of the broken windows
theory is Robert Sampson and Stephen
Raudenbush's 1999 analysis, "Systematic
Social Observation of Public Spaces: A
New Look at Disorder in Urban
Neighborhoods." Sampson and
Raudenbush used an extremely careful
data collection method called systematic
social observation. Using trained
observers who drove a sports utility
vehicle at five miles per hour down every
street in 196 Chicago census tracts and
CARRIES POTENTIALLY HIGH
University of Chicago and author of lllusion
randomly selecting 15,141 street sides,
they were able to collect precise data on
neighborhood disorder. `The evidence
they found for a disorder-crime nexus
was weak or nonexistent in 4 out of 5
categories of crime. Sampson and
Raudenbush concluded that tough
"oublic order" police tactics, while
perhaps "politically popular," are
nevertheless an "analytically weak
strategy to reduce crime."
Evidence from New York City's crime
data is no more convincing. A number
of large U.S. cities experienced
significant drops in crime since the early
1990s, using a variety of policing
strategies, and some of the cities
experienced even larger drops than New
York. In Los Angeles, for instance,
robberies declined a bit more than in
New York City from 1991 to 1998 -
60.9% in Los Angeles, versus 60.1% in
New York City. With regard to the most
recent cyclical drop in homicides, New
York City's decline, though above
average, was the fifth largest, behind San
Diego, Washington, D.C., St. Louis, and
Houston. Criminologists have suggested
a number of other factors that account
for the drops in New York: the sharp
increase in the police force, a fall in the
crack cocaine trade, a strong economy,
new computerized police tracking
systems, and an aging population, to
name a few.
During his tenure as police chief in
New York City, Bratton did a lot of
other things that may have contributed
to the drop in crime. He eliminated
several layers of bureaucracy, appointed
young and ambitious managers to top
positions, and created a bottom-line
mentality. He increased the power of
precinct commanders and instituted bi
weekly meetings, known as Crime
Control Strategy meetings, or Compstat
(for computer-statistics) meetings,
where the top administrators would
question precinct commanders on
crime in their beat. Given the lack of
evidence supporting the broken
windows theory, these would be better
things to focus on.
ACLU TAKES LEGAL ACTION ON HOMELESS SWEEPS, ANTI-HOMELESS ORDINANCE Groups Win Restraining Order Against Bratton's Policy
On April 3, 2003, a federal judge granted
the ACLU of Southern California and the
National Lawyers Guild a temporary
restraining order against the LAPD's
"probation sweeps" of the homeless in the
Skid Row area of downtown.
Judge Nora Manella wrote in the order that,
"there is a substantial likelihood
that Plaintiffs will prevail on the
merits of their claims that
Defendants' policies, practices and
_____]} ACLU/SC | OPEN FORUM ISSUE 1 | 2003
13, Publication Tite Open Forum
16 Extent and Nature of Circulation
a, Total Number of Copies (Net press run)
Requested
Clroulation (2) Paid In-County Subscriptions Stated on Form 3641
(3) Sales Through Dealers and Carriers, Street Vendors,
Counter Sales, and Other Non-USPS Paid Distribution
(4) Other Classes Mailed Through the USPS
cent. Total Paid and/or Requested Circulation
d Free (1)
Distribution Outside-County as Stated on Form 4541
(2) In-County as Stated on Form 3541
(3) Other Classes Mailed Through the USPS
4, Free Distribution Outside the Mail
. Total Free Distribution
9. Total Distribution
h, Coples Not Distributed
, Total
|. Percent Paid and/or Requested Circulation
16. Publication of Statement of Ownership
X Publication required, Will be printed In the Fall 2002
17, Signature and Title of Editor, Publisher, Business Manager, or Owner
(including civil penalties).
La rae wnanyeu wuring Preceding 14 Months (Hublisher must submit explanation of change with this statement)
14. Issue Dato for Ciroulation Data Below Fall 2002
b, Paid and/or (1) Paid/Requested Outside-County Mail Subscriptions Stated on Form 3541,
issue of this publication,
OM i
| `ipa that all Information furnished on this form is true and complate. | underst(R)nd that obue we furniehes false or misleading information on this form
or who omits material or information raquested on the form may be subject to criminal sanctions (including fines and imprisonment) and/or civil sanctions
customs have violated Plaintiffs' Fourth
Amendment rights to be free from
unreasonable searches and seizures under
the guise of conducting probation and
parole sweeps, without reasonable suspicion
to believe that the plaintiffs are 1) on parole
or probation, or 2) have violated the terms
of their parole or probation..."
"We are very pleased with the court's
ruling," said Carol Sobel, longtime ACLU
cooperating attorney and an attorney with
Average No. Copies Each Issue
During Preceding 12 Months
No, Copies of Single Issue
Published Nearest to Filing Date
26,500 22,700
18,096 22,470
0 0
0 0
0 0
18096, 22,700
0 0
0 0
450 450
6,152 6,568
6,602 7,018
24,698 29,488
1,802 812
26,600 34,000
73% 76%
(0 Publication not required.
?D . Pate 40.04.02
ZZ BAIOF
the National Lawyers Guild. "The police are
on notice that, at least for the time being,
they cannot trample on residents' Fourth
Amendment rights - no matter where they
live."
In a suit filed in February, the ACLU/SC,
Las Familias del Pueblo, and Catholic
Workers filed suit to stop enforcement of a
Los Angeles City ordinance prohibiting
sleeping, lying, or sitting on public
sidewalks.
VIVO PN
and head of their Multi-
Chapter of the ACLU,
CHAPTER ELECTIONS
Each fall the ACLU of Southern California Chapters hold their annual election of offi-
cers. Chapter-elected members of the Board of Directors shall be elected in October,
November or December to take effect January 1, 2003, Representatives to the Annual
Assembly shall be elected prior to November 16, Please call the Chapter contact num=
ber listed under Chapter Meetings for the election date scheduled in your region.
"The city would rather spend money to jail
the homeless than give them shelter and
services," said Sobel. "There is no way to
avoid violating this law if you are homeless,
including the mentally ill. It doesn't make
sense to arrest people for sleeping on the
street when they have no other option."
It is estimated that there are 80,000
homeless in the Los Angeles area and less
than 4,000 emergency shelter beds in the
entire county. i
PDI uaus es Maney Bastia wational Crisis Response group | Cultural Advisory Committee; Edina Lekovic of the Muslim \
Public Affairs Council and managing editor of Minaret Magazine, a major national |
Muslim periodical. The event was organized by Ann Goldberg, an Inland Empire chap-
ter representative to the ACLU Board of Directors and Professor of History at UC
Riverside, and conceived in cooperation with Glenn Goodwin of the Pomona Valley
ACLU OF SOUTHERN CALIFORNIA
FALL 2002
NN
San
ind
he
Y;
of
me) |
2002
Dae we
T OF SOUTHERN CALIFORNIA
Ae an,
Dear Friends of the ACLU:
ANNUA
R
The ACLU is founded on principles: liberty, justice, equality. But our struggle to implement
this vision is far from abstract, in both its sources and its results, as you'll see in the lives
we ve highlighted in this report. Our efforts are grounded in, informed by, and seek to
change the real life experience of ordinary people whose freedom is imperiled, who live
with injustice, or whose lives and opportunities are shaped by inequality.
In times of ease and peace of mind, Guided by principle,
freedom can, indeed, feel more abstract.
But in the times we move through now, at |
this defining point in our nation's history, 9 roun d ed in
the struggle to defend freedom has eX p e rl ence, our wo rk
become an urgent and historic calling.
Since September 11, 2001, our has thousands of
government has embarked on a wholesale
revision of our basic rights: discrimination faces, and it is a few
against immigrants, detentions, domestic
spying, and government secrecy have of th ese faces we `d
been carried out in the name of security.
But the ACLU has fought at each step and lj ke to show you
continues to fight for a vision of American
security that includes preserving our c lose `a u p, in th iS
freedom, our democratic institutions, and
our fundamental rights.
j report.
We fought for reform of the INS Special
Registration program, which resulted in mass detentions. We insisted that airlines cannot
discriminate against passengers simply because of their Middle Eastern origin. We fought
a discriminatory exclusion of immigrants from airport screening jobs. And at the local
level, we set up and monitored a hotline for civil liberties and civil rights abuses in the
post 9/11 era, convened coalitions to counteract discrimination and hate crime against
Muslim Americans, and insisted that a local movie theater could not eject patrons simply
because of their Middle Eastern heritage and use of their native language.
Even as we fight the government's attempt to take back freedom, we seek to build our
vision of freedom and greater equality in everything from education, where our landmark
statewide class action suit presses for accountability in the provision of adequate
educational opportunities for all California students, to foster care, to the rights of
immigrant workers to organize. In our policy work and in our litigation, we actively seek
opportunities to create an impact on the shape of our society. And in 2002, we acted on
many of these opportunities including our successful intervention bid in the LAPD consent
decree on behalf of communities affected by police abuse, our fight for the rights of
lesbian, gay, bisexual, and transgender students to attend schools without being
harassed, and our victory in reforming our system of voting.
Guided by principle, grounded in experience, our work has thousands of faces, and it is a
few of these faces we'd like to show you, close-up, in this report. For example, the face of
a woman who served her country, only to be told that because she's an immigrant she
wouldn't be able to continue her work, the face of a mother who's looking at 25 years of
separation from her son because of California's draconian Three Strikes law, and the face
of a young woman eager for an education her school is incapable of fully providing.
Your continued support helps us as we seek to rewrite the stories of hundreds of
thousands of people just like those we've profiled in this report. Thank you for your
collaboration in helping us build freedom and make history.
Sincerely,
ftw ) lov itr Ney WUWhiane
Jarl Mohn Ramona Ripston Gary Williams
Chair, Executive Director President
ACLU Foundation ACLU of Southern California ACLU of Southern California
Roe
La
When she was five years old, Jeimy Gebin's family
fled their native El Salvador to escape civil war.
Her adopted country became the United States, and
she grew up in Los Angeles, graduating from
Washington Prep High School.
After graduation, she enlisted in the United States
Army and served for three years.
"| joined the Army because | love this country and
wanted to give something back for the opportunity
the United States provided to me," said Jeimy.
She met her future husband while they were both
stationed in Ft. Stewart, Georgia. After serving for
three years, she was honorably discharged as an
E4 Specialist.
Gebin married, had a child, and moved to Los
Angeles, where she obtained a job as an airport
screener.
Things were going well. She was promoted in a
short time, thanks to her hard work and dedication,
and she took a lot of pride in her job. Then the
unthinkable happened: the events of September 11,
2001.
In the hysteria that followed the tragic events of that
day, Congress passed legislation that barred legal
residents who are non-citizens from working as
airport screeners. No exceptions were made. It
didn't matter that pilots, stewardesses, baggage
handlers, and airline mechanics did not have to be
citizens. It made no difference that members of the
United States Armed Services were not burdened
by the same citizenship requirement. The same
went for the National Guard troops that were
dispatched to provide added security to the nation's
airports. Only screeners were barred.
Jeimy was devastated.
"| was very upset when | heard that non-U.S.
citizens would be fired from the job," she says. "It
doesn't make sense that | can serve my country in
the Army but not work in an airport as a screener.
If | get fired, | could enroll in the National Guard
and be back in the airport two weeks later,
standing behind the screeners holding a rifle.
Doesn't it make more sense for me to use the
skills I've developed as a screener?"
Not to the authors of the Aviation and Security
Transportation Act or to President George W. Bush.
Jeimy talked to her union representatives at the
Service Employees International Union (SEIU) and
they contacted the ACLU of Southern California.
Together, the ACLU/SC and SEIU filed a federal
lawsuit challenging the Constitutionality, not to
mention the logic, of barring qualified, non-citizens
from working as screeners.
With one court success under their belts, attorneys
are still fighting on appeal against the law that
locked veterans like Gebin and others out of their
jobs.
"You can't go fight for this country if you don't love
it. | may not be sworn in yet, but in my heart | am
an American, and no one can tell me anything
different," says Jeimy.
victoria torres
Victoria Torres attends Fremont High School in Los
Angeles. A bright high school junior with a 3.8 GPA,
she has an interest in chemistry, biology, and local
history.
"| have friends who go to better schools, outside of
the city. They never have to copy down questions
from a textbook that everybody shares just to do
homework. They have facilities for labs and
materials for projects in biology class. But not us."
Victoria, like most of the students on her campus
and hundreds of others across the state of
California, understands that the educational
opportunities at her school are substandard. In
Victoria's chemistry and biology classes, for
instance, where materials are in short supply,
Victoria doesn't get to experience the scientific
process, the sense of observation and discovery that
is at the heart of science. Instead, Victoria and her
classmates watch as a teacher conducts an
experiment or they read a textbook about how an
experiment would work.
Likewise, in classes without enough textbooks for
students to take home, a significant amount of
valuable instructional time is given over to copying
assignments - slowing the pace of instruction and
limiting the overall content of Victoria's education.
How will this affect Victoria as she applies for
competitive college slots against peers who have
had better opportunities? How do these implications
for her own future make her feel about society,
about a system that is supposed to provide decent
opportunities to all students - a system that is
simply not keeping its word and, in the process, is
placing limits on her future?
These future questions are necessarily uncertain
now.
But whether she looks at school facilities,
classroom materials, textbooks, the school's
capacity to provide the classes students need and
have signed up for, or the severe overcrowding,
Victoria sees a campus that needs work.
The ACLU of Southern California filed a landmark
lawsuit based on a commitment in the California
Constitution to provide educational opportunities to
all students. The lawsuit, still in litigation, was filed
in 2000 and is built on the first-hand testimony of
thousands of students, parents, and educators
about the inadequacy of educational opportunities in
too many California schools, schools primarily
situated in low-income communities of color.
Victoria has supported the ACLU suit and spoken
out about her school's conditions not because she's
down on her school - far from it, she's active in
improving it. "We know that there are too many
students and not enough administrators or
teachers, but we still have to speak up. If we don't
do that, nothing happens."
"Everybody would appreciate a better school," says
Victoria, who, in addition to speaking out as part of
this historic lawsuit, has also taken a leadership
role in improving opportunities for her peers. She,
like so many students, teachers, and parents in
inadequate schools, is constantly looking for more
resources. She recently obtained funding, for
example, for a field trip exploring Los Angeles
history.
sheila bernard
Pacing Lake Street in Venice, Sheila Bernard
observes her neighborhood, the neighborhood
she's fighting to save.
A man sells oranges to passersby. An older
woman carrying groceries passes a single mother
placing her baby into the child seat of a sedan.
Around the corner on Elkgrove Avenue, four
students gather in the shade to talk on their way
home from Mark Twain Middle School. A young
girl jogs past them, followed by her siblings.
This is the everyday rhythm and energy of life at
Lincoln Place, a neighborhood under threat.
Lincoln Place was built in the post-World War Il
building boom and is one of the most significant
stocks of mid- and limited-income housing on the
Westside of Los Angeles. The 795-unit, 52-building
complex has a unique, modernist design with
ample green space, courtyards, and curving walks
that exemplify the "Garden City" movement in
architecture.
But Lincoln Place and, with it, low-income housing
opportunities for single mothers, the elderly, and
people with disabilities, are threatened by the
market forces that have turned this corner of L.A.
into hot property. The owners of the complex have
already gutted six buildings, renovating one and
turning it into high-priced rentals. Lincoln Place,
Sheila says with anger and sadness, "suffered the
loss of many neighbors."
Bernard, the president of the Lincoln Park Tenants'
Association (LPTA), has been fighting for the
survival of Lincoln Place for a generation. She and
her three children have lived there since the 1980s.
In 1987, the owners sought to "upgrade" the
complex into condominiums and townhouses. Led
by Bernard, the tenants formed the LPTA,
successfully lobbying to change city codes
involving large-scale evictions.
"This is an important battle - not just for me, and
not just for Lincoln Place, but for affordable
housing for the entire city," Sheila said.
In 2000, the Lincoln Place owners and developers
sued the LPTA with a SLAPP (Strategic Lawsuit
Against Public Participation) in retaliation for their
advocacy efforts, which included leafleting, putting
up literature in common areas of the complex, and
advocating for tenant action. The ACLU considers
such lawsuits a serious threat to the First
Amendment and filed suit to put a stop to this one,
a victory we won in 2002.
The fight for Lincoln Place continues - and Sheila
Bernard, with the assistance of the ACLU, refuses
to be silenced.
ANNUAL REPORT 2002
eras Gnanged During Preceding 12' Months' (Publisher must
13, Publication Title Open Forum
46. Extent and Nature of Circulation
16. Publication of Statement of Ownership
X Publication required. Will be printed in the Fall 2002
17. Signature and Title of Editor, Publisher, Business Manager, or Owner
{including civil penalties),
14. Issue Date for Circulation Data Below Fall 2002
During Preceding 12 Months Published Nearest to Filing Date
a. Total Number of Copies (Net press run) 26,500 22,700
b. re ites (1) Paid/Requested Outside-County Mail Subscriptions Stated on Form 3541. 18,096 22,470
juest
Boe. (2) Paid in-County Subscriptions Stated on Form 3541 0 0
(3) Sales Through Dealers and Carriers, Street Vendors,
Counter Sales, and Other Non-USPS Paid Distribution 0 0
(4) Other Classes Mailed Through the USPS 0 0
c. Total Paid and/or Requested Circulation 18096 22,700
d Free `
Hrcribution (1) Ouiside-County as Stated on Form 3541 9 0
(2) In-County as Stated on Form 3541 0 0
(3) Other Classes Mailed Through the USPS 450 450
8, Free Distribution Outside the Mail 6.152 6,568
f. Total Free Distribution 6,602 7,018
9: Total Distribution 24,698 29,488
h. Copies Not Distributed 4,802 512
i. Total 26,500 34,000
j. Percent Paid and/or Requested Circulation 13% 76%
issue of this publication.
| certify that all information furnished on this form is true and complete. { underst@nd that
or who omits material or information requested on the form may be subject to criminal sanctions (including fines and imprisonment) and/or civil sanctions
hange with this statement) =
Average No. Copies Each Issue No. Copies of Single Issue
[J Publication not required:
: Date 10.04.02
, Editor
ne who furnishes false or misleading information on this form
ake effect January 1, 2003. Representatives to the Annual
to November 16. Please call the Chapter contact num-
Ch ter =- for the election date scheduled in your region.
ACLU OF SOUTHERN CALIFORNIA
ashly massey
Troublemakers. That's who other students and
faculty see occupying seats in the Dean's office.
Vandals, bullies, students.who ditch classes, or
smoke in the bathroom. Ashly Massey doesn't
fit that profile.
She's quiet, respectful and studious - so what
was she doing sitting in the Dean's office for
eight consecutive gym periods?
One afternoon in gym class, a friend asked if
she was a lesbian. Before Ashly could speak
up, another friend - the only girl Ashly had
talked to about her sexual orientation -
answered for her.
"Yes, she's gay. She's a lesbian."
That's how word got out. The next day, when
Ashly arrived in gym class, her instructor told
her not to dress for class, instead directing her
to the Dean's office. There she sat for eight
days while the clerks, the principal and other
students looked at her suspiciously, wondering
what Ashly had done.
The middle school community in the
conservative Banning district began piecing the
story together.
"At first, | didn't know what to think," Ashly said.
"But then | heard the whispers in the hallways.
Kids started calling me things - `Big Fat Dyke'
- and | was hurt and angry. | lost all of my
friends."
Ashly began to grow afraid at school, and it was
showing up at home. She spent more and more
time alone; she withdrew. It was clear to her
mother that something was wrong. At one point,
Ashley's mom, Amelia, discovered that Ashly
had packed her bags, thinking she'd have to
leave.
For medical reasons, Ashly cut her schedule to
half a day, ending the question of gym class.
But the attention caused by the matter
continued to grow, and Ashly found herself
surrounded by hostility.
The ACLU, along with the National Center for
Lesbian Rights, filed suit against Ashly's school
district under California's Student Safety and
Violence Prevention Act of 2000, which prohibits
discrimination on the basis of sexual orientation
or gender identity.
Ashly graduated from middle school and now
attends Belmont High School, where she plans
to form a Gay-Straight Alliance, a student-run
club that provides a safe place for students to
meet, support each other, talk about issues
related to sexual orientation, and work to end
homophobia.
"| want everybody to know that it's okay to be
you, says Ashly.
The case against the school is still pending.
Ashly promises to "take this case as far as it
needs to go."
g ar pir
oard rof History at uc
ooperation with Glenn Goodwin of the Pomona Valley
FALL 2002
he A ee ph Es Se OR int Tee ee
ty Nae Pe ee a
SS Ce eae
WNnwrwzeaonm=
SU
sue reams
Mohammed Sayed and three friends planned to
spend their Saturday night enjoying the same ritual
they always did; they would hang out at The Block, a
conglomerate of fashion and entertainment outlets
near Cal State Fullerton, watch a movie at the AMC
Theater, and catch up with each other.
But on Saturday, May 4, their casual routine turned
into an episode of bias and discrimination. After
purchasing tickets and sitting down, they started
talking for the few minutes before the lights would
dim and the movie trailers begin. Mohammed, a
native of Afghanistan who has lived in the United
States for 20 years, began to speak in the
English/Pashto hybrid he and his friends often use.
After a few minutes, he noticed an usher staring
intently at him and his friends, all of whom are of
Middle Eastern descent. Mohammed shrugged it
off and continued talking with his friends. Then the
security guard approached. The guard asked to see
their ticket stubs. Noticing that security had not
asked any other customers to show their stubs,
Mohammed calmly inquired why he and his friends
were singled out. At that point, the guard beckoned
six Orange Police Department officers to escort
Sayed and his friends out of the theater.
After several failed attempts to speak with
management in the theater lobby, Mohammed
finally obtained a reason for their expulsion. "They
told us that we looked suspicious and were
speaking a foreign language. That's it."
Appalled and insulted, Mohammed and his friends
attempted to get the names of the manager. the
security company, and witnesses. At this point, one
of the police officers threatened to arrest them if
they returned to The Block at any point in the
evening.
"lL was angry. | know that everybody wants things
more secure after 9/11, but this was just bigotry."
Sayed says. "For the first time, | felt that | didn't
belong here."
Mohammed was aware of a friend, also of Middle
Eastern descent, who encountered a similar
situation at a Southern California mall a few months
before. He contacted the friend, who told
Mohammed that he should contact the ACLU of
Southern California.
The ACLU soon filed a federal civil rights lawsuit
challenging the discriminatory treatment by the
AMC theater chain. Seeking a formal apology,
mandatory training for employee sensitivity and
punitive damages, Mohammed and his fellow
plaintiff wanted affirmation that such prejudice
would not occur in the future.
"What they did was horrible and horrendous. It's
always going to be in the back of my head," Sayed
says.
Within months, the lawsuit was settled. AMC
Theaters issued a formal apology but did not pay
any compensation to Mohammed. Sayed says that
the apology was sufficient. "At that point, | realized
that | only wanted to make sure that they knew that
this was unacceptable. I'm not going to crusade or
hold a vendetta. It was just one ignorant mistake,
and they apologized."
Sue Reams never thought she would be fighting
day and night for criminal justice reform. She never
imagined herself lobbying legislators, standing in
front of cameras, debating district attorneys, raising
money, or asking for signatures. But she doesn't
consider this a choice: she's fighting for her son
Shane's life.
When California voters approved "Three Strikes"
legislation in 1994, most voters thought they were
targeting violent criminals. But California ended up
with the most draconian Three Strikes law in the
nation. No other state applies a Third Strike to all
felonies, including nonviolent ones such as drug
offenses and petty theft. In no other state would
Sue's son Shane be locked up for 25 years to life.
Shane's two prior offenses were both residential
burglaries, both of the family home. In each case,
Sue, who believed in "tough love" and knew her son
was struggling with drug addiction, turned him in to
the police. Both cases were settled through plea
bargains, which meant that the felonies stayed on
his record.
"I wanted him to get help, and | thought the system
would include rehabilitation. But the court didn't do
anything about his addiction. They just gave him 18
months in Chino."
When the Three Strikes initiative passed, Shane
was back living with his mother. Still fighting
addiction, he was struggling to escape his previous
life, but he stumbled. In 1996, he was arrested for
aiding and abetting a $20 cocaine sale. The person
who conducted the sale received a four-year
sentence. Reams "struck out," receiving 25-to-life.
As the judge read the sentence, Sue was flooded
with despair and guilt. "I couldn't escape it - |
tried to help Shane and it backfired."
But Sue isn't one to be paralyzed. She turned her
outrage and despair into action. She began with
two other mothers of Strikers, forming the Orange
County Resolution to End Three Strikes. Within
three weeks, the group expanded to 15 members.
They held meetings, carried out stand-ins at jails,
circulated information about Three Strikes, and
began contacting public officials to lobby for
change. They soon realized that other family
members were doing the same around the state,
and the groups came together as Families to
Amend California's Three Strikes (FACTS) by 1998.
Quitting her job to dedicate herself full-time to
fighting for Shane's and other Three Strikes
inmates' release, Sue now spends her time
founding new chapters and acting as a
spokesperson, lobbyist, and leader within FACTS.
FACTS and the ACLU have worked together closely
for the last two years; the ACLU joined a U.S.
Supreme Court challenge to the law, a challenge
that ultimately failed, and the ACLU has been a
leading partner and ally in FACTS' effort to launch
an initiative campaign.
Shane is now 34 years old. He spends his time in
prison writing letters to legislators, studying at the
law library and doing what he can to support his
mom. "He depends on me to keep fighting," says
Sue, "and | will. There's no other choice."
gabriel nimatu
Gabriel Nimatuj recalls his childhood in
Guatemala, reared among the banana and coffee
crops tended by his aunt and uncle, and that image
of home has endured over years and thousands of
miles, leading to a lifelong interest in agriculture.
Seeking a better life for their family, Gabriel's
parents immigrated to the United States. By 1991,
the family was living in Huntington Park, a
working class, predominantly Latino community in
South East Los Angeles County. Gabriel excelled
in school. By the time he entered Huntington Park
High School, he had already planned his career
path. "I wanted to go to Humboldt State
University," says Gabriel. "It has the best
agricultural department in the state, and that's
what | want to study."
With a 3.9 grade point average, references from
numerous teachers and active involvement in three
political groups, Gabriel would have been a shoo-in
for acceptance at Humboldt. But California law at
the time required undocumented students, even
those who lived in California and had attended
California public schools for their entire academic
careers, to pay thousands of dollars more as
"nonresidents" of California. These were the very
students who could least afford the higher rate.
"It just wasn't affordable," says Gabriel. "The fees,
even at community colleges, were almost ten
times higher, even though | went to middle school
and high school in California."
Gabriel's dream might have to be deferred.
But the ACLU of Southern California joined
immigrant rights, labor, and student groups to
fight for a law that would change California's
system, and Gabriel was an activist on behalf of
the bill, known as AB 540.
He attended legislative meetings and press
conferences; he spoke to the Assembly Committee
on Higher Education, and he worked throughout
the state to increase awareness about the bill in
immigrant communities.
"| wanted people to know that this would make it
easier for everybody, and we all would benefit. If
this didn't pass, a lot of people wouldn't have the
opportunity to go to college at all."
Gabriel and our coalition succeeded in the
legislature; then we took the battle to the Regents,
who, after receiving over 6,000 letters from ACLU
activists, voted to extend the change to the
University of California.
Gabriel is saving money through paid internships
and is still fighting to expand immigrant students'
rights at the federal level. In the fall, he hopes to
enroll at Humboldt State.
ANNUAL REPORT 2002
Pn
=
(= ae
fom]
LL.
ae
oS
oO
-
[a4
a
a a
-
ae,
S S
(2 ae
ao
fm]
-
a
=
=
(am
-
-_-
and
pare
-
a
oO
=
BION RO aL a ea L188
Mee ema LAUT mL Ua aa MOVT SI aT
SA RPL
CHAIRS EMERITI
Danny Goldberg
Allan K. Jonas
Burt Lancaster*
Irving Lichtenstein, MD*
Laurie Ostrow*
Stanley K. Sheinbaum
*deceased
CHAIR
Jarl Mohn
PRESIDENT
Danny Goldberg
OFFICERS
Susan Adelman
Alan Bergman
Jay Boberg
Irma Colen
Louis Colen
Alan Gleitsman
Ellen Greenstone
Bob L. Johnson
Allan K. Jonas
OF COUNSEL
Shari Leinwand
Sidney Machtinger
Robert Ornstein
BOARD OF DIRECTORS
Steven D. Ades
Steven Baker
Lawrence Bender
Daniel Benzali
Marilyn Bergman
Frank Cooper Ill
Barbara Corday
Jeffrey J. Douglas
Richard Dreyfuss
John J. Duran
Michael Fleming
Alan L. Friel
Leo Frumkin
Sherry Frumkin
Mary Ellen Gale
Gary Gersh
Richard Gibbs
Bob Gluck
Elyse Grinstein
Stanley Grinstein
Liz Heller
Ken Hertz
Barry Hirsch
Paul Hoffman
Mitchell Kaplan
PRESIDENT
Gary Williams
OFFICERS
Silvia Argueta
Lupe Dominguez
Isabelle Gunning
Catherine Fisk
Glenn Goodwin
Alan Toy
BOARD
Susan Adelman
Rodolfo Alvarez
Rose Ash
Rebecca Avila
Norm Beal
Tony Bhadury
Yvonne Williams Boyd
Antonio Brown
Vern L. Bullough
Robert Chang
Kunoor Chopra
Ken Chotiner
Betty Ann Downing
George Frandsen
Mary Ellen Gale
Judith Glass
Ann Goldberg
Danny Goldberg
Laura Gomez
Nancy Greenstein
Ellen Greenstone
Cheryl Harris
Carrie Hempel
Rob Hennig
Jenny Honiz
Kenneth K. Inouye
Danielle Jones
Shelan Joseph
Rosa Kaplan
Jacob Kazanjian
Rae Klaus
Michael S. Klein
Roger L. Kohn
Zuade Kaufman
Robert Kayyem
Roger L. Kohn
Dennis Lavinthal
Norman Lear
Arthur E. Levine
Lisa Lichtenstein
Roger Lowenstein
Mark Magidson
Shirley Magidson
Stefania Magidson
Camryn Manheim
Steven Markoff
Robin Meadow
Douglas E. Mirell
Jerry Moss
Rozann Newman
Frederick Nicholas
Lainey O'Connell
Max Palevsky
Sarah Jessica Parker
Donald S. Passman
Jeanne Phillips
Phil Quartararo
Judy Balaban Quine
Andrea Rich
Stephen F. Rohde
Richard Rosenzweig
Tom Ross
Ellen Schneiderman
Julie Bergman Sender
Bob Shafer
Stanley K. Sheinbaum
Alan Sieroty
Amy Sommer
Fred Specktor
Rita Spiegel
Leonard Stone
Barbra Streisand
Kate Summers
Barry Tarlow
Carol Tavris
Vicki Temkin
Leo Terrell
Thomas Unterman
Antonio Villaraigosa
Nick Wechsler
JoAnne Willens Widzer
Gareth Wigan
Gary Williams
Ted Williams
Irwin Winkler
Chic Wolk
Beatrice Zeiger
J. M. Lawson, Jr.
Kate MacQueen
Alba Nydia Marrero
Douglas E. Mirell
Jarl Mohn
Hannah Naiditch
Dan Pasley
R. Samuel Paz
Birdie Reed
Anne Richardson
Stephen F. Rohde
William Rubenstein
Selma Rubin
Marvin Schachter
Paul Schrade
Amy Brotslaw Schweiger
Nat Segaloff
|. Rudyard Stone
Al Vezzetti
Anastacio Vigil
DeWayne Williams
eer re ee ie Svea vee
| IER TT
ACLU FOUNDATION OF SOUTHERN CALIFORNIA =m The ACLU joined the fight for gay rights in the pie The ACLU of Southern California needs your help in protecting the civil rights and civil liberties of ai T
SUPPORT and REVENUE* TOTAL $4,211.79 Fe 1960s as a natural extension of its commitment = Southern Californians. Free speech. the separation of church and state, the rights of the poor,
A. individuat Contributions $1,536,607 36% em to speak for all those denied equal treatment a reproductive rights, educational equity, voting rights, equity for all regardless of sexual orientation A
B. Budgeted Transfers $960,689 23% ME before the law. Now. four decades later, the [BME or gender identity - these are all core principles the ACLU of Southern California works to defeng
C. Bequests ie. 20% fw aCe maintains one of the nation's largest =) each and every day.
D, Court Awarded Fees 372,199 oo i ockets of cases concerning the rights o
E. Restricted Foundation Grants $289,942 ae = lesbians, gay men. troriegen dees neopee and S This important work is ad an . ae ae, eal pie pe
| F. Interest and Other $213,829 5% those living with HiV-disease. To acknowledge California. These generous :
activists, unified in their commitment to civil rights and civil liberties. There are many ways you can
the generosity and i t of friends who oo
; : Sor support the ACLU of Southern California:
y
4
oc
ron
-l
an
oo
PJ
os
I
a
ad
-_
i
ws
oe
-)
=
=e
jee
at
oo
=
por
or
Daten
a
seca
ao
il
7}
nee
EXPENSES TOTAL $3.302.706 have helped advance this historic civil rights
A. Program Services $2,177,304 66% poate the ACLU Foundation of 7 nee AECOME AN ACLU MEMBER.
B. Fundraising $630,589 19% alone Nas. Saye . Add your voice to the more than 25,000 members in Southern California and 300.000 ACLU
| C. Management and General $494,813 15% PARTNERSHIP. We are deeply grateful for this members across the nation, Annual memberships cost $20.00 ($30.00 for a joint or family
Saye se Reote membership} and connect you to one of the largest activist networks in Southern California,
i ibuti 13) 977-5216 or join on our website, www.aclu-sc.org.
| | `Represents net of sharing with the aay ACLU of contributions and ANGELS.($25,000.and.up) Earl Pete Nelson Call (213) J
bequests. The National ACLU share totaled $1,669,744, "An additional The Gavid Golesi? Roardetor Wiigom fubenaiein and lamba
amount of $419,007 in bequests was restricted by the Board of Daniel H. Renberg - = cagA neki ee =o BECOME AN ACLU OF SOUTHERN CALI FORNIA SUPPORTER.
| ORS Ae psecite Tunes Fens an(R) Yer *- : : Corbin Smith The ACLU of Southern California depends on contributions, both large and srnall, to fund the
Fs
dozens of cases and public education campaigns it supports each year. The ACLU Foundation
| BENEFACTORS (85,000 to $24,999 Nancy . Warner, M.D. erat : ate u aes ;
=a ACLU OF SOUTHERN CALIFORNIA Clear Channet Worldwide of Southern California is a 501 (cH3) organization, making your contributions tax deductible.
i| ae SUPPORT and REVENUE* TOTAL $706,689 Regency Outdoor Advertising ASSOCIATES ($500 to $999) Your contributions can be made in cash, by check or credit card, in stock or bonds, and can
i = A. Membership Dues $411.157 58% Drury Sherrod and Arden Reed Carol F. Anderson be made in honor of someone else through a `tribute gift' Call (213) 977-5254 for more
oe . . , ei . _
1 Pas B. Individual Contributions $246,949 35% eee Harty Drasin, M.D. and Alan Rosenberg information
$34,065 5Y Herb Gore and Bob Wildman
| = ee : FRIENDS ($1000 10 $4999) Hal Gunn and Kelly Strader DESIGNATE THE ACLU FOUNDATION AS A BENEFICIARY IN YOUR WILL.
|| = W. enereet hee Sylvia MAlmstadt and Myrna Dysart Rob Hennig and Steve Endo oin other members of the ACLU Heritage Club in providing for the ACLU of Southern
| a ee is
| = pound Budgeted transfers $1 C0 Thomas Breslin Kaith Kauhanen, M.D. and JimPetrone California in your estate plans. You car:
| a Chris Caldwell and Rich Llewellyn fsa-Kae Meksin
| ss EXPENSES TOTAL$630.331 eee Wendy Mitchell: M.D. and Andraa - Name the ACLU Foundation as a beneficiary on your insurance
ea A. Program Services $305,230 48% pee cece! fda - Designate the ACLU as the beneficiary for part or all of your estate
a) : : : Flotimman David Mossler Start an anniity plan that nays vou income in axchanae for your gift of $5,000 or
men isi Start an annuity plan that pays you income in exchange for your gift ef b5,G00 or
B. Fundraising $198,888 32h Bry Enters corigtphar dee 1 = fn annuity p pays y cent
euro. Management and General $126,213 20% George Frandsen and David Caiquict. James Sie and Doug Wood more
M.D. Timothy Toohey ; ; is : -
"Represents net of sharing with the National ACLU of dues. Alien M, Katz For more information on charitable estate planning, please call (213) 977-5226.
contributions and bequests. The National ACLU Share totaled 4. Christopher Kennedy ste
$134,101. "Represents less than 1%. Charles A Larson Your contributions make twice the impact. All contributions (unless otherwise designated) are
Kathleen McConn shared with the National ACLU in support of smaller ACLU affiliates in states where there is tittle
Note: All figures provided are unaudited at time of publication, iniocmeic Etre
support for defending civil liberties and civil rights.
| eer me a at neice aha alt obiained by writing sw
to the ACLU/SC, 1614 Beverly Bivd., Los Angetes, CA 90026-5752. W:
"
Tene sCh a enn thee ce ams c(h ack it eee ce umes kem oe CRU eal RR mau Ra eu eB aly and justice possible. There are a few, sete eS t
support has enabled us to grow and become one of the teading ACLU affiliates in the country. expanding our impact throughout the community and the nation. CR special tribute to Me guardians of freedom for their aw
1] a A Pres 5 . os i ` 4 i i a a ` R i : i
| commitment to protecting "liberty and justice for all. : :
| 7 | Fif
PRESIDENTS COMMITTEE Barry and Carote Hirsch Stanley and Elyse Grinstein John Wells Naomi Foner and Stephen Gytlenhaal ole :
A Susan Adelman and Claudio Llanos Sidney and Paula Machtinger Sidney Harraan James Whitmore Wendy Free Pile sah ee eee int
= Arista Records Shirley Magidson Mr. and Mrs. David F Hart Irving and Bernice Zahm : Alan L. Friel, Esq. aryanne e a
e Johnnie L. Cochran Robin Meadow and Susan North HITS Magazine Ziffren, Brittenham. Branca, Fischer, Gilbert- Gang, Tyre, Ramer and Brown, Inc. Chris ee = ; 0}
= Lou and Irma Colen Milberg, Weiss. Bershad. Hynes LerachiLP Industry Entertainment Lurie and Stiffleman LLP Allan Ghitterman and Susan Rose = -. ewman +
Ss Evelyn and Walter Haas Jr. Fund Jerry and Ani Moss Zuade 5, Kaufman Aaron Glass ee me AEE pees
ox Jason and Wendy Flom Munger, Tolles and Olson LiP Robert and Milly Kayyem MAJGR DONORS James Glymph es on
= Larry and Liz Flynt Max Patevsky James Lassiter 3 Arts Entertainment James Gomez Helen atti e A
Roger L. Kohn Frances Reid Dennis Lavinthat and Ellen Schneiderman Bruce and Yoko Allen Peter Goulds REM JAthens, LL n
Norman and Lyn Lear Lloyd Rigler Shari Leinwand Altshuler, Berzon, Nussbaum, Rubin and Etlen Greenstone seat : Rob ee Reed the
Steven and Jadwiga Markoff Richard Resenzweig and Judy Henning Loeb and Loeb LLP Demain Ruth and Cecil Greenwold ne sei
John and Marty Mason Sony Music Entertainment Roger Lowenstein and Barbara Corday Clarence and Jackie Avant Allen Grubman ose E. = : , cm aang Ga
Jari and Pamela Mohn Barbra Streisand Foundation Harry Coplan and Debra Magidson-Coplan Lee pound, Bailey and Dr. Linda Rosenstock Hadsell and Stermer a " = endy Herzog a
Jeanne Phillips Kathryn L. Summers Walter and Suzy Marks Steven and Laura Baker David Hargrove ale . eek si eh eo,
Morton and Pauline Phillips Warner Brothers David Meltzer and Beth Sieroty Meltzer Sylvia E. Barr Hasbro ` iltiam Rubenstein mes MacDona res
Alar Sieroty JoAnne Willens Widzer and Martin Widzer Albert H. Meyerhoff Daniel Benzali Heller, Ehrman, White and McAuliffe LLP Sol Saks
| Edith J. Smith Chic Wolk MTV Networks Barry Bernardi Michael Herzmark Julie Schellanberger sen
`| Amy Sommer National Broadcasting Company Jonilyn Blandy Robert Hossley and Brenda Ross Toni and John Schulman Th,
Universal Studios, inc. LIBERTY COUNCIL Fred and Joan Nicholas Jay R. Boberg Howard, Rice, Nemerovski, Canady, Falk and Jordan os
Thornas and Janet Unterman ABKCO Music and Records Joan Palevsky Jerry Breslauer : Rabkin a one ears spanaie Ch
Ruth Ziegler Steven Ades and Laurie Levit Recording industry Association of America Sanford and Jane Brickner Clark Johnson Marityn Singer and John Warren
| America On line, inc. Rhino Records : Linda Burrows Lezlie Johnson and Mark Johnson Mr. Corbin Smith ` in t
| JUSTICE COMMITTEE Aris Anagnos Andrea L. Rich Baniel Carlin Dr. Ted Jordan Aaron and Julia Sorkin ar
Armstrong Hirsch Jackoway Tyerman and Daniel and Diane Attias Ramona Ripston Albert J. Case David and Renee Kaplan Max Stolz, Jr.
Wertheimer Lawrence Sender Richard Sakai Seay ne ea ag " ao et Katz eo Sugar
Skip Brittenham Charles Blitz and Alison Allan Maxwell and Janet Salter Columbia Tristar Motion Pictures Group eve Kay : ve
| ative Artists Agency Mark Brazill Bob Shafer Drs. Camille G. and Willian H. Cosby, Jr. Kayne Anderson Rudnick Rog er N. Thornton and Christine Hanson Fhornion We
i EMI Music David Clennon Stanley and Betty Sheinbaum Frank Darabont Edward M, Keiderling Twentieth Century Fox fren
Equal Justice Warks Perla Eston Showlime Networks inc. Laurie and Larry David KMZ Rosenman ; Dr. Stephen J. Uman Paes
| Frederick W, Field Mary Ellen Gale and Robert 0, Savard Alvin Simson Bef Jam Records Pat Lau and Don Miller Joseph Vanderborst and Kristi ischer | kicl
Leo and Sherry Frumkin Gelfand, Renneri and Feldman LLP Skadden, Arps, Slate, Meagher and Flom Jeffrey J. Douglas Nancy E. Levin Speaker Emeritus Antonie R. Villaraigosa F
H Gibson, Dunn and Crutcher, LLP E. Robert and Audrey Gluck Gordon L. Smith Tracey and Kenneth "Babylace" Edmonds Barbara and Todd Listman Cari Webb . euroQ
H Alan Gleitsman and Cheri Rosche Danny Goldberg and Rosemary Carralt Rita Spiegel Linda Eliman and Gary Mandinach Kaiman Loeb : Gareth Wigan and Pat Newcom pra
i Hansen, Jacobson, Feller, Hoberman, Paul Goldenberg Leonard and Shirley Stone Engtish, Munger and Rice David Lundquist and Barry Kob Irwin and Margo Winkler Pid
i Newman and Warren Goldring. Heriz, Lichtenstein and Haft LLP Barry Tariow Evolution Talent Agency Michael and Summer Mann Ovadya Yesodi ask
Hugh Hefner Eugene and Madeline Goodwin Carol Tavris Marjorie Fasman ; Takuya and Yo Maruyama
Samuel Hellinger Greenberg. Glusker. Fields. Claman and TEOC Foundation Norman Felton and Denise Aubuchon Keith Matthews e10c
Buck Henry Machtinger LLP Michael and Lisa Weithorn Vasanti Fithian Nick McCreary fine
Hcaes cckinaeny liberties is never won, We know with certainty that the Bill of Rights will still be under attack in the years ahead, and the ACLU must be there to defend it. By providing for the ACLU through their estate plans, members of ie TIN
SCTE CAM ew hCn ee cRUr Mice SUR @EC RCM cen Y defending freedom weil into the 21st century. We are pleased to acknowledge the generosity PRO acr em ccR Reson Rabe ed EL futt
; stat
. i i i leanor Spezell
iS (FF) Tor Carruth Susan "Fraze" Fraser Resa Kapian Susan McCoin Daniel Raeburn Ben E 3)
= Era Hitmna Carter Atan L. Friet Geraldine Karpet Jeannette McFarland Fred and Marleen Ray Paul Spindler tiec
o Jean Adloff Allan P. Casson Jack Gard Roya Kaizer Robin Meadow and Susan North Frances Reid Norma Spor - : and
ba Hans and Lore Agneessens Bessie Cooper Warren Garfield Edward L. Keenan Herbert Meiselman Stuart A. Rid die Harry A. and Sytvia Steingart an
ed Reuben and Selina Agran Mary B. Cooper Lynn Gighy Mr. and Mrs, Harry M. Kemmerer Isa-Kae Meksin Ramona Ripston Evelyn Stern Wor
as Jean J, Allgeyer Mildred B. Cooper Virginia Gilloon Lydia Marcus Kendall Sara Meric Rose Robbins - in memory of Max Stolz
= Edna R. S. Alvarez Ray Cerceran Jack Gilman. M.D. Geri M. Kenyon Richard Miles Arthur Robbins Michael and Sylvia Stolzberg
a Radolfo Alvarez Barbara Corday Ghita D. Ginberg Jessie Kern Wendy Mitchell. M.D, William and Dinah Roe Leonard Stone ;
| Howard Amsterdam Mr. and Mrs, Morris Corapoff Mr, and Mrs, Saul Ginsburg Stephen Kern Sanford and Patricia Mock, Mr. and Mrs, Stantey Rogers Gaby Stuart M Edward Asner Lonny Cathron Robert L. Glasser John F. Kimberting Gertrude Moran Stephen FE Rohde The Gregg Suarez Trust
Chartes and Lois Bader Jeanne Keefer Cunningham Marvin A. Gluck Ruth Kissane irmgard Natale Judy Rome John M. Sua rez. M.D. WOL
| Agnes Baron Sydney L. Curtis Sherna 8. Gluck Roger i. Kehn - Ki and Helen Negero Arthur Rosen : Catherine Sullivan prey
Terry A. Bass Celia de Lavaliade Dorothy Goodman Howard J. Kumin Pete Neison Alan H. Rosenberg and Harry Drasin. M.D. Dr. Carol Tavris
Norm Beat John Rotand Dearhart Glenn A. Goodwin and Rose 8B. Ash Sherrill Kushner Bertha Nepove 1976 Trust - for the Lesbian and Gay Rights Project Dorothy Tavris task
Douglas J. Bender Doris DeHardt Madeline R. Goodwin Patricia Laird Edward Newman Addie Ross Robert Teller :
. Marjorie Benson William Denneen Maicotm S. Gordon Gerda Lawrence Mr. and Mrs. Leo Newman William and Seima Rubin Florence and Jack Temkin Family was
| Drs, Kurt and Alice R. Bergal Douglas M. Dick. Ph.D. Leon and Molly Gorelick Shari Leinwand Norma R. Newman Matilda H. Rummage Mrs, Joseph 4. Thein all
Alvin Bergtund E, H. Buncan Donovan William B, and Jean E, Graham Eugene Lessner Margaret Nomentana Craig Sandberg Fred and Ellida Topik all C
Lillian Berland. in memory of Gloria M. Drexler Ruth and Sy Grassman John and Georgia Lewis Fredrik C. Norberg Leo and Frances Sandron Frances Troy the
Samuel Berland William F Dukes Philip and Gloria Greenblat Ruth M. Licata : : Molly Norman Joel Schwartz Mr, and Mrs, Sid Turkish
Jonityn Blandy Jay S. Dunitz Nancy Greenstein Dr. and Mrs. irving 1. Lichtenstein Staniey Nugit Dorothy H. Scott Joan Tyson wha
Eric H. Boehm Joyce S. Dusenberry Diana Grilti Minna Liebman Joanne Weinhoff O'Byme Lucille Seeley Victoria Vaughan
Elden T. Boothe Shawn Duval and Jacqueline F Hai Gunn Alvin A. Lindenauer Paul A. OGrady Jefferson P. Selth Lee M. Waterhouse-Edwards
Jane B. Bradtey Strain Vincent Hammon Sidney and Ruth London Silas O'Quinn Erick Serrato Donald E. Watson rae
G. C. "Brad" Brafford Hector Elizondo John Heitman Jess lyons : Mimi and Fred Okrand Charles Shafer Shirley Weisman ac
Wayne Stephen Braveman Gary Enders Robert Helfman Victor and Natale Magistrate Annie. Owens Sherwood "Bob" Shafer - Myron Wolf van
Sanford and Jane Brickner Kenneth J. Erickson Mei Helstein Roz Mandeicorn . Robert W. Pann Betty W, and Stanley K. Sheinbaum Harry Ziegler - ;
Fred R, Brooks Genevieve Ellis Estes Donald Herman Sylvia and Jerry Manheim Ronald Payette Miriam Sheklow Eugene C. Zubrinsky Cap
Clayton and Helen Brown Lois Evans John E Hodgson. Hl Rayner W. Mann Ted and Adele Pelletier Drury Sherrod Darrell Zwerling `sil
Virginia Bruce Garold L. Faber, M.D, MPH. Florence Patricia Hunt Olga Marcus Marilyn Lee Perron Yaugn Shipley VISi
Herbert and Ruth Busemann Warren Felt and Dolores Arond Errol Jacobs Dr. Judd Marmor Amo Peterson Robert H. Shutan
| Ellen Butler Mona Field John J. Jeffries John S. Mason Richard L. Peterson Alan Sieroty
Bernice Powell Canutt Vasanti Ferrande Fithian Albert and Nancy Jenkins Mildred G. Mayne Penelope Pollard Eunice Smith
Ken Carmichael Michael Fleming Jack A. Jones. Faye Nueil Mayo Daniet and Leila Price Margaret Solis~Small
ANNUAL REPORT 2002
i 1) Has Changed During Preceding 12 Months (Publisher must submit explanation of change with this statement) : eer ee ore 13, Publication Title Open Forum 14. Issue Date for Circulation Data Below Fall 2002 es : q ittee; Edin A Lekovic of the Muslim \
A ee Each No. Copies of Single | i es : ee
7 ee During Preceding 12 Monte _-_-Publlelied Noareat Filing Date iS Cou Ci | and Managing (c) itor of Mi naret Magazine, a Major national \
| a. Total Number of Copies (Net press run) 26,500 22,700 ; The event was or ani zed b An es : SEES `
b. Paid and/or (1) Paid/Requested Outside-County Mail Subscriptions Stated on Form 3541. 18,096 22,470 ter iL th ACLU B z g! os a y i} Goldberg, a Inland Empire chap /
| pomupeenie (2) Paid In-County Subscriptions Stated on Form 3541 ; 0 0 S R s ee 0 Ne euro Se AL oard QO Directors and Professor of History at uC : |
(9) Counter Sas, and Other Non-USHS Paid Distribution 9 0 _Riverside, and conceived in cooperation with Glenn Goodwin of the Pomona Valley
| (4) Other Classes Mailed Through the USPS 0 0 . C pter of the ACLU, -
c. Total Paid and/or Requested Circulation 18096. 22,700 ee oD ee
ini (1) Outside-County as Stated on Form 3541 0 0 -- = ae
Di euro 7%
yee (2) In-County as Stated on Form 3541 0 i) pis CHAPTE R
(3) Other Classes Mailed Through the USPS 450 450 eo ea. sh : : :
@. Free Distribution Outside the Mai 6.182 eee _ Each 7 the ACLU of Southern California Chapters hold their annual election of offi-
f. Total Free Distribution 6,602 7,018 / Nove ` oe ected members of the Board of Directors shall be elected in October,
9- Total Distribution 24,698 29,488 - Novem er or ec 2 rto :
h. Copies Not Distributed 1,802 512 eS Acs i mb : on i e pe to take effect Jan Uary 1, 2003. Rep resentatives to the An fi ual
| Via 26,600 34,000 ; Ss ce : shall be elected prior to November 16. Please call the Chapter contact num-
j. Percent Paid and/or Requested Circulation 13% 76% per is) , ` : ; : + ` x :
Lae under Chapter Meetings for the election date scheduled in your region.
| X Publication required. Will be printed inthe __-~Fall 2002 issue of this publication, [ Publication not required. i ee a i : i
17. Signature and Title of Editor, Publisher, Business Manager, or Owner Date 40.04.02
i , Editor
yen 1! | certify that all information furnished on this form is true and complete, {underst*nd that Ine who furnishes false or misleading information on this form
/ or who omits material or information requested on the form may be subject to criminal sanctions (including fines and imprisonment) and/or civil sanctions
{including civil penalties),
ACLU OF SOUTHERN CALIFORNIA
FALL 2002
- THREE STRIKES DECISION HITS HOME
{
fi
NOVEMBER 5, 2002, 5:00 A.M.
: It's cold and dark out still. Two vans move
swiftly along 1-295 from Alexandria to
Washington, D.C. The vans' occupants,
though still on California time, are wide
awake with anxiety and wary hope.
Fifteen family members of Three Strikes
inmates have come to Washington from
Southern California to witness the hearing
that could decide the fate of their loved
ones. Representatives from Families to
Amend California's Three Strikes (FACTS),
they have worked for over 6 years to amend
California's Three Strikes law, the most
draconian by far in the nation, which has
resulted in nearly 4,000 nonviolent offenders
sentenced to terms of 25 years to life.
They've come to hear Professor Erwin
Chemerinsky argue before the highest court
in the land that such sentences are "cruel
"
and unusual" and therefore unconstitutional.
m Well before the darkness lifts on the sparse
freeway traffic, before the heaters have even
kicked in, FACTS State Chair Barbara Ellis
begins a searching, eloquent, and detailed
prayer for Professor Erwin Chemerinsky. She
asks for his safety, strength, confidence,
eloquence, and focus. She prays that he will
find the words to unlock the hearts of the
gue "ine justices on whose opinion hangs the
future of thousands, that the lawyers for the
state will be "dumbfounded and tongue-
tied," and that the Lord will "enter the Court
and penetrate the hearts of the men and
women weighing this matter today."
"My mind was concentrating on what Erwin
would be feeling as he woke up and
prepared himself for the awesomeness of his
task," recalls Ellis. "And of course my heart
was also with my brother Reggie. It was with
all of the Strikers; I knew when they rose in
the morning they would be thinking about
what has happening that day."
Each traveler is wrapped in thought as the
van pushes into Washington traffic, the
Capitol's monuments and seats of power
visible in the gray light of dawn.
Erwin Chemerinsky and members of FACTS talk to the press on the steps of the Supreme Court
NOVEMBER 5, FROM 9:00 A.M. TO
NOON
Ellis and other family members have been
waiting for hours in the brisk November
wind, standing in line outside the Supreme
Court in order to get some of the coveted
seats for the hearing, when Professor
Chemerinsky arrives around the corner.
Family members see him, greet him with
ebullient cheers, and rush to wish him well.
Chemerinsky has spent the last several days
in intensive preparations for this morning,
engaging in mock hearings and sharpening
his arguments with the help of ACLU/SC
Legal Director Mark Rosenbaum and others.
Asked if the decision
makes her angry, Barbara
responds, "Actually, I'm
more numb than angry If
you re not numb, you have
to accept that you might
never see your family
member again."
Members of FACTS, after waiting for hours,
make it in.
Inside the courtroom, the family members
are scattered throughout the gallery. The
customs of the court enforce complete
silence. The justices are elevated and sit at
the front of the room. This -creates an overall
atmosphere of coerced reverence, even as
the Justices themselves sigh, appear to lose
interest, interrupt, make jokes, or put their
feet up on the table. Some of the justices
treat the issue skeptically, at times
caustically, lightly.
MARCH 5, 2003, MORNING
As word of the 5-4 decision upholding 25-to-
life for petty theft spreads to members of the
media and to the public, the FACTS office
on 3982 S. Normandie, with one phone line
and two cell phones, is a chaos of calls and
requests for interviews. At the same time,
_ After Supreme Court Defeat, FACTS, ACLU Focus on Initiative Campaign
Geri Silva, Executive Director of FACTS,
also has to get out a press release and
prioritize calls to devastated family
members.
Barbara Ellis hears about the decision from
Silva. Ellis is at home in San Bernardino,
and she has just gotten off the phone with
her brother Reggie, which means they might
_not talk again for several days. She feels sick
at the thought that he'll hear the news from
someone else, that she won't be there to
offer words of encouragement and hope.
Asked if the decision makes her angry, she
responds, "Actually, I'm more numb than
angry. If you're not numb, you have to
accept that you might never see your family
member again. And that's just not
acceptable, so a part of you stays numb."
I felt devastated by the decision," recalls
Chemerinsky. "Had one Justice gone the
other way, Leandro Andrade would be out
from prison within a few weeks. Now he
must spend 43 more years in prison before
he's eligible for parole - all for stealing
$153 worth of videotapes. The decision was
so inhumane; not one Justice in the majority
expressed concern, let along outrage, at
putting human beings in prison for life for
shoplifting."
MARCH 14, 2003
FACTS' storefront office in South Los
Angeles now functions as the headquarters
for a growing initiative campaign to reform
Three Strikes, spearheaded by FACTS and
the ACLU, and guided by the political and
fundraising expertise of consultants from the
Proposition 36 campaign.
"With seven consecutive defeats in the
legislature and the hope of a legal challenge
shut down for good, family members have to
take this directly to the people," says Silva.
"We know this is winnable, but we're racing
the clock to raise the funds."
Silva, as always, has to get off the phone,
this time to take a call from another
supporter. "The Campaign for Sensible
Sentencing," the PAC for the campaign, has
committed to a monumental undertaking,
but has already enlisted a team of powerful
allies, with a growing advisory council
including Karen Bass, Professor Erwin
Chemerinsky, ACLU/NC Executive Director
Dorothy Ehrlich, Assemblymember Jackie
Goldberg, Congresswoman Barbara. Lee, the
Rev. Cecil Murray, ACLU/SC Executive
Director Ramona Ripston, Senator Gloria
Romero, Congresswoman Maxine Waters,
and others.
Silva, now in constant campaign mode,
wants to fit in one last pitch. "Tell your
readers to get involved in the campaign," she
says.
To support the Campaign for Sensible
Sentencing, call the ACLU at 213/977-
5219.
DISSENT (CONTINUED FROM PAGE 1
words of Justice Abe Fortas in the
famous Tinker decision: "It can hardly be
argued that either students or teachers
shed their constitutional rights to cent
freedom of speech or expression at the g
schoolhouse gate."
Here in Southern California, Mater Dei 4
High School decided to cancel classes
when word got around that some
students were planning to hold an anti-
war rally. While the ACLU cannot
condone students skipping school to
attend rallies, we certainly feel that
shutting down an entire school because
students choose to engage in peaceful
dissent is the wrong lesson to send.
Participating in civic dialogue is one of
the most basic, patriotic acts a citizen
can engage in.
Just recently, a celebration of the 15th
anniversary of "Bull Durham" scheduled
at the baseball Hall of Fame was called
off because Tim Robbins and Susan
Sarandon had agreed to participate.
Their criticisms on the war in Iraq were
given as the reason. Susan Sarandan
had previously been cancelled from
speaking at a United Way fundraiser in
Tampa, Florida for the same reason.
There also has been pressure from
viewers to boycott ABC if the network
airs a situation comedy starring Janeane
Garofalo, another critic of the war.
Earlier this month, Senator John Kerry of i
Massachusetts was severely criticized by
Republicans for daring to say "we need a
regime change" in the United States. |
Not one to take attacks on patriotism |
lightly, Kerry, a decorated Vietnam t
veteran, fired back and refused to be
bullied into submission by the
"patriotically correct" crowd.
Senator Kerry stood by his comments,
but it is sad when a veteran's patriotism
is questioned simply because he chooses
to voice dissatisfaction with the sitting
Administration's policies and advocates a
change in leadership a year and half
from now when Americans will elect
their next president.
As the war in Iraq moves into its next
phase, and as early successes lead to
increased talk of further preemptions in
other countries, we must be resolute in
protecting dissent here in our nation. Our
commitment to upholding the greatest
American value of all, our freedom of
speech and right to dissent, must never
waiver. We must never return to the days
of blacklists, when speaking out meant
losing one's livelihood. That dark chapter /
is behind us, but we must remember it |
and reaffirm our commitment to allowing |
dissent, for how can we claim to
advocate freedom abroad if
muzzle it here at home?
ACLU/SC | OPEN FORUM ISSUE 2 | 2003