Open forum, vol. 77, no. 2 (Spring, 2003)

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~ 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.


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"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


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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


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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


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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.


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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


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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


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ooperation with Glenn Goodwin of the Pomona Valley


FALL 2002


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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


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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


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Alan Toy


BOARD


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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


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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


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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}


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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


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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


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| 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,


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| JUSTICE COMMITTEE Aris Anagnos Andrea L. Rich Baniel Carlin Dr. Ted Jordan Aaron and Julia Sorkin ar


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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


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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


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a Radolfo Alvarez Barbara Corday Ghita D. Ginberg Jessie Kern Wendy Mitchell. M.D, William and Dinah Roe Leonard Stone ;


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Chartes and Lois Bader Jeanne Keefer Cunningham Marvin A. Gluck Ruth Kissane irmgard Natale Judy Rome John M. Sua rez. M.D. WOL


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Terry A. Bass Celia de Lavaliade Dorothy Goodman Howard J. Kumin Pete Neison Alan H. Rosenberg and Harry Drasin. M.D. Dr. Carol Tavris


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Alvin Bergtund E, H. Buncan Donovan William B, and Jean E, Graham Eugene Lessner Margaret Nomentana Craig Sandberg Fred and Ellida Topik all C


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Wayne Stephen Braveman Gary Enders Robert Helfman Victor and Natale Magistrate Annie. Owens Sherwood "Bob" Shafer - Myron Wolf van


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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


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