vol. 42, no. 1 (mislabledNo. 9)

Volume XLII

January 1977

No. 9

ro F. hooker crackdown wa bance little' ACA -

The municipal authorities of San

- Francisco, elected on a platform of

"benign neglect" for victimless crime,

have been unsuccessful, it appears, in

resisting the pressure of the Board of

Supervisors and the local press to

produce more visible ``law en-

forcement" efforts. Once again, for the

umpteenth time in the history of this

city, prostitution has come in for

more than its share of police and

prosecution attention.

- Following is the text of a letter,

written by Staff Counsel Margaret

Campbell Crosby and signed by her and

Executive Director David M. Fishlow,

which was sent to District Attorney

Joseph Freitas, Police Chief Charles

Gain, and the Supervisors, calling on

them to keep their election promises

about the waste of criminal justice

resources on prostitution in the city.

January 12, 1977

Ladies and Gentlemen:

We are writing to protest the recent

investment of police and prosecutorial

resources to combat street prostitution

in San Francisco. The enforcement

focus on the most visible, but least

dangerous, offender in the city serves to

inflate arrest statistics without af-

fording protection to the victims of

urban crime.

The cost of attempting to enforce the

prostitution laws is staggering: in 1974,

the San Francisco Commission on non-

violent crime estimated that arrest and

prosecution of a single prostitute cost

the taxpayer $127. Under your

proposed sentencing scheme for

misdemeanor prostitution convictions

- a mandatory six months' in-

carceration for the first offender and a

mandatotv one-year incarceration for

the recidivist - the cost oo increase

geometrically.

William J. Warren

And no one benefits from this

massive expenditure. For years, en-

forcement of the prostitution laws has

resulted in a futile pattern of arrest,

State admits files were destroyed

State government officials have

admitted destroying secret documents

sought by the ACLU of Northern

California in a lawsuit filed recently

against Attorney General Evelle

Younger.

The suit was filed in Sacramento

Superior Court under the California

Public Records Act, the State

equivalent of the federal Freedom of

Information Act. Defendants are

Younger, Charles Casey, chief of the -

California Justice Department's semi-

secret Organized Crime and Criminial

Intelligence Branch (OCCIB):

Responding to the ACLU's demand

for access to records as part of what

appears to be an illegal spying network,

officials acknowleged that since May,

1976, ten of the files requested have

been amended, four have been burned

and two files have been inadvertantly

left out of those provided to the court.

The revelations came in Sacramento

hearings in mid-January concerning

ACLU's request for the first one

hundred entries in two overlapping

nationwide file systems called the Law

Enforcement Intelligence Unit (LEIU)

and the Interstate Organized Crime

Index (IOCI), which the defendants

have admitted maintaining.

Documents were submitted under

seal by the defendants to Judge Frances

Carr who conducted an in camera

inspection (without the presence of the

plaintiffs).

Since the ACLU's attack against this

nationwide government surveillance

system began last year, information has

emerged which substantiates the

ACLU's claim that the LEIU's ac-

cumulation.-and dissemination of

surveillance files violates First

Amendment rights of free speech and

association and the right to privacy.

Files have been collected and shared

by the 230 members agencies of the

system, and under the guise of

coilecting information about terrorists

and organized crime

telligence has been gathered, main-

In memoriam

figures, in- .

tained and kept on persons with no

criminal records, their friends, families

. and associates, and political groups of

all types.

Charles Marson, ACLU Legal

Director, who is handling the case,

charged that, "This is nothing less

than a nationwide hook-up of `red

squad' files. We're astonished that the

defendants have permitted some of the.

files to be burned, and are glad that the

court has haulted some of that ac-

tivity.'' A decision from the court is

expected soon, Marson said.

The Soutaae of Edison Uno

The following tribute to Edison Uno was written by Michi :

Nishiura Weglyn, a close friend of Mr. Uno. The ACLU of

Northern California joins Ms. Weglyn in mourning the loss

of a true fighter for the cause of justice and civil liberties,

Edison Uno. Ms. Weglyn is the author of Years of Infamy.

At a time when we so desperately need the courage, the (c)

moral rectitude, the vision, of an Edison Uno, the beating of

that great and compassionate heart of his has stopped.

Gone is a man of warmth, sensitivity and quiet passion,

fired by a profound inner conviction that the multifarious

wrongs of society must be righted. Gone is a man respected

Edison Uno

continued on page 2

criminal

temporary incarceration, and fine for

the prostitute, who returns to the street _

after completing a cycle of the criminal

justice system. The sociological and

psychological causes of prostitution are

complex and unresponsive to the.

sanction. Predictably, the

channelling of funds into prostitution

enforcement, in San Francisco and

other cities, has resulted in no more

than a temporary Pela in street

prostitution.

Still, while no one ore fits fron the

expense of attempting to control

prostitution through law enforcement,

people do suffer. The residents of high

crime areas - the Western Addition

and Hunter's Point - are afforded less

continued on page 2

By-law changes

provide for |

direct elections

Beginning this year at-large

members of the ACLU of Northern

California's Board of Directors will .

be elected by the membership: in (c)

accordance with amended By-Laws

adopted by the board at its.

December 9 meeting. Se

One-third of the Board of.

Directors will be elected by the local | |

chapters, and future at-large :

directors will comprise two-thirds of |

the Board. Nominations are made by ~

the nominations committee or by any

members who submit a petition to |

the Board by May Ist of each year.

ACLU members will be presented

with ballots in the June issue of the

ACLU News. New board members

are seated in September of each year.

David Fishlow, Executive Director

of the ACLU of Northern California

said ``the need to democratize the

process of electing the directors of

the board has been debated for

years. This recent change brings the

ACLU-NC into compliance with the

national ACLU Board's request that

affiliates encourage greater mem-

bership participation in the ACLU's

policy making bodies."

`The amended By-Laws a reflect

changes which:

e Change from "three"? to

"four out of six" the number of |

consecutive absences from Board

meetings which constitute automatic

resignation.

e Seta three-year t term for ACLU

of Northern California's national

Board delegate.

e Alter the chapter chartering and

revocation procedures.

Following are the By-Laws as

amended: continued on page 3 -

January 1977

aclu news

LEGAL

Judge upholds

labor advocacy

The right of union officials to express

their views concerning city labor issues

and organizing activities, and the

public's right to hear such views, were

_recently upheld. by U.S. District Judge

_ William Orrick .in San Francisco.

Judge Orrick overruled contempt of

~ court. citations. issued against Franz

"Glen, George Evankovich and Joseph P.

_.Mazzola, who disobeyed a San

ACLUN_1946 ACLUN_1946.MODS ACLUN_1947 ACLUN_1947.MODS ACLUN_1948 ACLUN_1948.MODS ACLUN_1949 ACLUN_1949.MODS ACLUN_1950 ACLUN_1950.MODS ACLUN_1951 ACLUN_1951.MODS ACLUN_1952 ACLUN_1952.MODS ACLUN_1953 ACLUN_1953.MODS ACLUN_1954 ACLUN_1954.MODS ACLUN_1955 ACLUN_1955.MODS ACLUN_1956 ACLUN_1956.MODS ACLUN_1957 ACLUN_1957.MODS ACLUN_1958 ACLUN_1958.MODS ACLUN_1959 ACLUN_1959.MODS ACLUN_1960 ACLUN_1960.MODS ACLUN_1961 ACLUN_1961.MODS ACLUN_1962 ACLUN_1962.MODS ACLUN_1963 ACLUN_1963.MODS ACLUN_1964 ACLUN_1964.MODS ACLUN_1965 ACLUN_1965.MODS ACLUN_1966 ACLUN_1966.MODS ACLUN_1967 ACLUN_1967.MODS ACLUN_1968 ACLUN_1968.MODS ACLUN_1968.batch ACLUN_1969 ACLUN_1969.MODS ACLUN_1969.batch ACLUN_1970 ACLUN_1970.MODS ACLUN_1970.batch ACLUN_1971 ACLUN_1971.MODS ACLUN_1971.batch ACLUN_1972 ACLUN_1972.MODS ACLUN_1972.batch ACLUN_1973 ACLUN_1973.MODS ACLUN_1973.batch ACLUN_1974 ACLUN_1974.MODS ACLUN_1974.batch ACLUN_1975 ACLUN_1975.MODS ACLUN_1975.batch ACLUN_1976 ACLUN_1976.MODS ACLUN_1976.batch ACLUN_1977 ACLUN_1977.MODS ACLUN_1977.batch ACLUN_1978 ACLUN_1978.MODS ACLUN_1979 ACLUN_1979.MODS ACLUN_1980 ACLUN_1980.MODS ACLUN_1981 ACLUN_1981.MODS ACLUN_1982 ACLUN_1982.MODS ACLUN_1983 ACLUN_1983.MODS ACLUN_1983.batch ACLUN_1984 ACLUN_1984.MODS ACLUN_1985 ACLUN_1985.MODS ACLUN_1986 ACLUN_1986.MODS ACLUN_1987 ACLUN_1987.MODS ACLUN_1988 ACLUN_1988.MODS ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_1999 ACLUN_1999.MODS ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log ACLUN_1946 ACLUN_1946.MODS ACLUN_1947 ACLUN_1947.MODS ACLUN_1948 ACLUN_1948.MODS ACLUN_1949 ACLUN_1949.MODS ACLUN_1950 ACLUN_1950.MODS ACLUN_1951 ACLUN_1951.MODS ACLUN_1952 ACLUN_1952.MODS ACLUN_1953 ACLUN_1953.MODS ACLUN_1954 ACLUN_1954.MODS ACLUN_1955 ACLUN_1955.MODS ACLUN_1956 ACLUN_1956.MODS ACLUN_1957 ACLUN_1957.MODS ACLUN_1958 ACLUN_1958.MODS ACLUN_1959 ACLUN_1959.MODS ACLUN_1960 ACLUN_1960.MODS ACLUN_1961 ACLUN_1961.MODS ACLUN_1962 ACLUN_1962.MODS ACLUN_1963 ACLUN_1963.MODS ACLUN_1964 ACLUN_1964.MODS ACLUN_1965 ACLUN_1965.MODS ACLUN_1966 ACLUN_1966.MODS ACLUN_1967 ACLUN_1967.MODS ACLUN_1968 ACLUN_1968.MODS ACLUN_1968.batch ACLUN_1969 ACLUN_1969.MODS ACLUN_1969.batch ACLUN_1970 ACLUN_1970.MODS ACLUN_1970.batch ACLUN_1971 ACLUN_1971.MODS ACLUN_1971.batch ACLUN_1972 ACLUN_1972.MODS ACLUN_1972.batch ACLUN_1973 ACLUN_1973.MODS ACLUN_1973.batch ACLUN_1974 ACLUN_1974.MODS ACLUN_1974.batch ACLUN_1975 ACLUN_1975.MODS ACLUN_1975.batch ACLUN_1976 ACLUN_1976.MODS ACLUN_1976.batch ACLUN_1977 ACLUN_1977.MODS ACLUN_1977.batch ACLUN_1978 ACLUN_1978.MODS ACLUN_1979 ACLUN_1979.MODS ACLUN_1980 ACLUN_1980.MODS ACLUN_1981 ACLUN_1981.MODS ACLUN_1982 ACLUN_1982.MODS ACLUN_1983 ACLUN_1983.MODS ACLUN_1983.batch ACLUN_1984 ACLUN_1984.MODS ACLUN_1985 ACLUN_1985.MODS ACLUN_1986 ACLUN_1986.MODS ACLUN_1987 ACLUN_1987.MODS ACLUN_1988 ACLUN_1988.MODS ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_1999 ACLUN_1999.MODS ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log ~ Francisco, SUpETOL Court injunction

a city: wide sirikes

"placing a newspaper advertisement

Soe: in part, that the City crafts-

ea - The San Francisco labor leaders were -

as "held in. `contempt of court last spring for |

workers' strike could only be settled:

through negotiations.

Alan Schlosser, ACLU of Northern

California Staff Counsel, filed an

amicus brief in the contempt citation

appeal, asserting that the citation

violated the union officials' con-

stitutional rights of ee speech and

expression.

ACLU further maintained that the

public's right to hear the union of-

ficial's viewpoint was violated by the

Court's injunction preventing them

from expressing their opinions about

the strike.

"We are pleased to find the Court

rising above the current

controversy by affirming the vital first

amendment issues. raised by the

ACLU," Schlosser said.

Death Penalty

by David M. Fishlow

Executive Director

political (c)

Gary Gilmore is dead.

He did not, we know, die with

dignity. His death will accomplish

nothing. It will not prevent the com-

mission of violent crimes. It will not

restore life to those he killed. It will

accomplish nothing.

Or at least it will accomplish nothing

~ The courage of Edison Uno continued from page 1

by. egantless thousands, whatever their color, for his retusal

to stand by: silently when the human rights of any minority,

|. or any group, were under attack.

Though he suffered his first heart attack at the age of 28,

Edison Uno proceeded fearlessly, whatever the cause he

_sf- espoused. He refused to spare himself any of the stresses

_ | . and crushing burdens of the responsibilities he took on.

Educator, lecturer, civil libertarian, Edison Uno was, in

-,sum and substance, a dreamer and an idealist. Evangelical

in his fervor, he was the Nisei equivalent of another mover

and shaker - Norman Thomas, a man tragically ahead of

his time. That irony that Thomas, who was the catalyst for

sO many progressive social measures which we take for

granted today, was the first person of national stature to

demand (in 1942) that full retroactive payment be made to

-0x00A7. victims of the World War II mass evacuation. Edison Uno's

clarion call for rectification would also go unheeded for

years, until this - his final year - when he at last enjoyed

the exhilarating sense of having succeeded. in his goading.

_ and galvanizing efforts.

Now it is up to us, who remain, "to bring about the

realization of Edison's dream by doubling our resolve and

emulating the intensity of his commitment. He gave us

direction. He set our sights high. He awakened in us all a

"new sense of citizenship, not only of duties but of our rights.

His life had been full, crowded beyond any ordinary

_ human capabilities. Yet Edison Uno gave unselfishly of his

time and wisdom to others. In this regard, I personally

remain eternally indebted to this truly selfless, humane and

noble being whose friendship I will forever cherish.

Edison Uno had no fear of death. He drove himself with

indomitable resolve for he knew his time was limited. And

there was so much he wanted to do. He departed at the

zenith of his career, a man showered with honor and ac-

claim by the larger community: the Liberty Bell Award from

the San Francisco Bar Association in 1971; the Alexander

Meiklejohn Civil Liberties Award from the ACLU (both

honors bestowed for his leadership role in the abolition of

the so-called "concentration camp law' - Title II of the

Internal Security Act of 1950); a Certificate of Honor from

the city and county of San Francisco for contributions he

`made in the cause of social justice and reform in the Bay

~ -area; and others too numerous to mention.

Edison Uno died doing what he wanted to do. And I know

that this is the way he had wanted it to be. But it is our loss.

A most grievous loss, dear Edison, that you left us too soon.

_S.F. hooker crackdown accomplishes little continued srom page 1

protection because of the diversion of

police resources to this victimless crime.

The 22 percent increase last year in

violent crimes - most of which oc-

_ curred in low-income residential areas

-- documents the need for additional

`police protection on these dangerous

- streets. Yet under your newly-escalated

_prostitution enforcement, resources are

siphoned away. from low-income

residential areas to restaurant and

tourist parts of the. city. Thus, by

emphasizing prostitution enforcement,

_ you. express solicitude not for the

residents subjected to rape or robbery,

but the tourists subjected to verbal or

~ visual affronts. (c)

Moreover, the irony of your law

enforcement priorities - protecting

tourists at the expense of residents - is

compounded by the fact that a sub-

_ -Stantial.. number of tourists, who

_ `patronize prostitutes, are committing

- criminal. offenses. Under the

_" prostitution laws, both prostitute and

+." customer are. equally culpable. Yet in

your recent pronouncements, you have

announced a war only on the prostitute;

you have failed to "launch a

prosecutorial drive against the male

. customer. And your enforcement record

similarly reflects discriminatory

prosecution of women: in the highly-

publicized raid at the Saint Francis

Hotel on January 4, the ratio of male to

female arrestees was 1:7.

We protest the Board of Supervisors'

recent resolution, calling for a

municipal sidewalk ordinance directed

at "flagrant solicitation" on the public

streets. Solicitation - flagrant or

otherwise - is criminalized by a state

statute; municipal officials have no

authority to redefine the offense. Where

the Legislature has specified the

elements of a crime, all of which must

- be satisfied before a valid arrest can be

made, the police may not circumvent

proof of those elements by street-sweep

arrests under a general traffic or-

dinance.

The promise made by District At-

af. a,

a aclu news

s issues a year, `monthly except bi-monthly in March-A pril, July-A: ugust

_ and November-December

_ Second Class M ail privileges authorized at San Francisco, California

~Publishea by the `American Civil Liberties Union of Northern California

Richard De Lancie, Chairperson David Fishlow, Executive Director

a ns "Michael Antonucci and Dorothy Ehrlich, Editors for this Issue

a Ses 814 Mi. ission Street, San Francisco, California 94103 - 777-4545

| "Membership $20 and up, of which SO cents is for a subscription to the aclu news

"and 50 cents is for the national ACLU bi- -monthly publication, Civil Liberties.

torney Freitas and Chief Gain to the

people of San Francisco last year - to

reduce the prosecutorial focus on

victimless crime and to concentrate the

limited resources on violent offenses -

represented an enlightened attitude

toward law enforcement priorities. We

regret that you now perceive this policy

to be politically unwise, and that you

have violated your pledge under

pressure from commercial interests.

Finally, we object to the making of

policy methods to be used in the control

of prostitution which change from day

to day and from moment to moment.

We think there is a responsibility for

the various law enforcement authorities

to announce prospectively their in-

tentions regarding arrest and

prosecution of alleged prostitutes. To

announce at one point that arrest and

prosecution will take place, and to

announce subsequently that they will be

high priority activities for the Police

- Department and the office of the

District Attorney is contrary to the

spirit of a government of laws.

Chief Gain in our office said not long

ago that he would determine the em-

phasis the Police Department put on

prostitution arrests by the frequency or

vehemence of the complaints from hotel

managers in the Union Square area.

We believe this is an improper stand-

ard, and object to a defacto deter-

mination of criminal law by the

managers of commercial hotels.

Sincerely yours,

Margaret CU. Crosby

David M. Fishlow -

good. It will give impetus to the efforts

of those who would restore permanently

the penalty of death as a permanent

_ fixture of our enlightened American

civilization.

It will desensitize a little further the

American people - our people - from |

the horrible recognition that the state

continues to destroy human life in the

name of all of us.

It will become a rallying cry for those

who will seek - and win - high office

with the facile promises about ending

crime and the politicians' easy talk

about decency.

WE WILL NOT have executions i

California for a long time. When the

California Supreme Court held, on

December 7, that the state's mandatory

death penalty statute was un-

constitutional under the standards

established by the U.S. Supreme Court

last July, it effectively guaranteed that

no person now on death row will be

executed.

Before an execution can take place

here, a new statute must be enacted, a

crime must be committed after it goes

into effect, the perpetrator must be

apprehended, tried, and convicted, and

the conviction must survive review in

the state and federal courts.

The immediate question facing

California is whether or not the

Legislature will muster the two-thirds

majority needed to override a promised

veto by Gov. Brown. Several death

penalty bills are in the hopper now, and

various groups have produced head-

count predictions on their probable

success. An over-ride of the guber-

natorial veto is very rare in California, -

but legislators remember the two-to-one

majority run up by Proposition 17 in

1972. If the over-ride fails, we can

expect another initiative.

DURING THE days preceding and

following Gilmore's execution, ACLU

representatives were frequently asked

why we attempted to interfere with the

Utah execution when Gilmore "wanted

to die." The answer, of course, has to do

not with Gilmore's right to die, or even

to take his own life, but with the right of

the state to take it from him. The

spectacle of a suicide being revived with

advanced medical techniques so that he

can later be killed by volunteer riflemen

in a bizarre semi-public ceremony has

produced revulsion and contempt for

American criminal justice system here

and abroad. If there is such a thing as

an "evolving community standard,"

then the death penalty has indeed

become, if it has not always been, a

cruel and unusual punishment.

Why do we resist that evolution?

Because the human urge for blood

revenge is just under the surface. Let us

_ hope it can one day be controlled by

constitutional government.

But the principal object of [the

Americans'] desire is not liberty...

`it is equality.

: Tocqueville

January 1977

aclunews -

continued from page I

BY-LAWS

of the ACLU of Northern California

as amended Dec. 9, 1976

Article I

NAME

The name of the organization shall by American

Civil Liberties Union of Northern California, referred

to hereinafter as the ``Union''. It shall function as an

affiliate of the American Civil Liberties Union, Inc. of

New York.

Article

PRINCIPAL OFFICE |

The principal office for the transaction of the

Union's business shall be in the City and County of

San Francisco, California. The directors may from

time to time change the location of the principal office

to any other county in Northern California.

_ Article HI -

OBJECT

The object of the organization shall be to maintain _

and promote the Bill of Rights of the United States

Constitution, with special, though not exclusive,

concentration on those amendments guaranteeing

freedom of speech, assembly, association, press and

-the practice of religion, together with due process and

equal protection of the law, and to take all legitimate

action in the furtherance of such purposes.

Article IV

MEMBERS

I. Persons Eligible for Membership

The directors shall establish such classes of

membership as they from time to time deem ap-

propriate. Any person may become a member by

paying the dues established from time to time by the

directors for any class of membership for which tne

person is eligible, and shall remain a member for so.

long a as he or she continues to pay such dues.

2. Meetings

Meetings of members shall be held at such times

and places, and for such purposes, as the directors

may from time to time determine.

Article V

BOARD OF DIRECTORS

1. Number and Eligibility

The Board of Directors shall consist of not less than

fifteen nor more than thirty members-at-large, the

exact number to be as from time to time determined

by the Board of Directors, elected as provided

hereinafter, plus one representative from each chapter

elected pursuant to the By-laws of that chapter. Each

director shall be a member in good standing of the

Union at the time of nomination, election and service

on the Board.

2. Term of Office

The regular term of office of a member-at- lee

shall be a three-year period beginning the September

ist next following the member's election, and the term

of office of each chapter representative shall be

determined under the chapter's By-laws. However, no

person may serve as a director, whether as member-at-

large or as chapter representative, for more than six

consecutive years, except in the following cases:

(a) If the director's first term was a partial term to

fill a vacancy, the period of that partial term shall be

added to the six years otherwise allowed.

(b) The Chairperson of the Board or the immediate

past Chairperson may be re-elected to the Board even

if the foregoing limitations would otherwise prevent

such re-election,but this provision shall not allow any

such person to be a director for more than three years

beyond what would otherwise be permitted.

(c) Persons who served on the Union's original

Board of Directors shall hold office for life, with full

voting rights, and their positions shall be in addition

to to the maximum number of directors set forth

above.

3. Failure to Attend Meetings

A member of the Board of Directors who fails to

attend four out of six consecutive meetings without

leave of absence shall be dropped from membership

~ annual presentation of the Earl Warren

: Jerome Falk, long-time cooperating (c)

_ Solso Berge Studios

Juanita Owens (right), instructor, and afudents Kathy Sprotti and Rudolpho Alvarado of Mission High School

working on reproduction of Bill of Rights during public schools' Bill of Rights week, celebrated December 13- 17

in San Francisco and Oakland.

Forty thousand copies of the Bill of Rights were distributed to students through a joint project of the ACLU of

Northern California, and the San Francisco and Oakland pubtic school districts.

"Ral Warren Somimnittee seeks nominee

Nearly a thousand civil libertarians

packed the grand ballroom of the

Palace Hotel on Sunday evening,

December 12, to witness the fourth

Civil Liberties Award by the ACLU

Foundation of Northern California.

Receiving the award for her husband,

Mr. Justice William O. Douglas, who

retired last year from from the U.S.

Supreme Court, was attorney

Cathleen Douglas. It was presented by

attorney of the ACLU, former chair-

person of the legal committee, and a

former clerk of Justice Douglas.

Featured speakers for the evening

were Morton Halperin and William

Van Alstyne, who delivered ``Bicen-

tennial Reflections" at the ceremony,

which annually celebrates the an-

niversary of the passage of the Bill of

Rights on December 15, 1791.

Dorothy Smith Patterson.

Dorothy Smith Patterson, chair-

person of the committee which annually

fund-raising campaign which centers

around it has announced that the 1977

recipient of the award has not vt been

selected.

Any member of the ACLU : who

wishes to suggest a civil libertarian to

receive the 1977 award - _ not

necessarily from the field of law - who

has made a significant contribution to

the development of government under

law in the United States should address

the Earl Warren Award Committee,

ACLU Foundation of Northern

California, 814 Mission St. - Suite

301, San Francisco 94013, Ms. Pat-

terson said. The committee makes its

selection early in the year, in order to

allow adequate time for planning the

major presentation ceremony in

December, she explained.

on the Board. However, any such Board member may,

within thirty days following notification thereof,

appeal the termination to the Board, and the Board

shall act on such appeal by majority vote.

4. Vacancies

Vacancies among the members-at-large shall be

filled by the remaining directors for the balance of the

unexpired term at a regular meeting provided that not

less than thirty days written notice of the inclusion of

such election as an agenda item has been given. If a

chapter representative's position becomes vacant, it

shall be filled by the chapter pursuant to the crept s

By-laws.

5. Quorum

A quorum of the Board shall consist of one-fourth

of the Directors, excluding Directors on leave of

abs: nce. The Chairperson or Acting Chairperson shall

vote only if there would otherwise be a tie vote.

6. Meetings oo

The Board shall hold regular meetings at such

times and places as it may from time to time deter-

mine. Special meetings shall be held upon the request

of the Chairperson, or of any two officers, or of five or

more directors. All directors shall receive at least one

day's written notice of any regular meeting, the date of

which was determined by the Board on or before the

date of the prior meeting, and three. days' -written

notice for all other meetings.

7. Powers

The business and affairs of the: Union: shail be

controlled by its Board of Directors: Without limiting

its general powers, the Board shall have the power to

conduct, manage, and control the affairs and business

of the Union, and to make rules and regulations not.

inconsistent with law or the By-laws, to select.and

remove all officers, agents, and employees of: the

organization, and prescribe such powers and duties

for them as may not be inconsistent with law or. the

By-laws and fix their compensation; and to borrow

money and incur indebtedness for the purpose of the

Union, and for that purpose to cause to be executed

and delivered, in the Union's name, `notes or other

obligations or security agreements " of any sort; and to

designate Board members authorized to withdraw

funds from accounts maintained PY the Union. |

| Continued on page 4

: stn Bi ecg terete eet

organizes the event and conducts the

a

January 1977.

aclu news

CHAPTERS

San Francisco chapter names "watchdogs"

Issues and Actions Committee

The Committee's actions proceed

from study of civil liberties issues in the

following areas: board and commission

watchdogging; S.F. jail monitoring; -

building effective lobbying; school

desegregation status; U.C. employment

practices; and the use of social security

numbers.

Other study proposals pending

before the committee include

development of a constitutional (c)

curriculum for high schools and

production of a civil liberties television

spot.

Some of the tasks seem ambitious.

However, if we have the people who will

share their expertise with us, we will be

successful, If you are interested in

joining the committee, please call the

chapter office at 777-4880, or better

still, attend the monthly meetings, the

second Monday of each month at 7:30

Sacramento

meets Feb. 23

The Chapter's board of directors will

meet Wednesday, February 23, at 7

p.m. in the County Building at 901 G

St. for their regular monthly meeting.

All members are welcome to attend.

Volunteers are needed for the

following committees: police practices,

and publicity and education. There are

also several vacancies on the board of

directors and members are invited to

submit their names for election by the

board to temporarily fill those

openings. :

The Chapter has an answering

service at the number listed in the

Sacramento telephone. directory for

American Civil Liberties Union. This

number is for the use of persons who

believe their civil liberties have been

violated and who are seeking help or

_ advice. Chapter members wishing to

communicate with the board should

call acting President Larry Ferral at

447-7580. -

Mt. Diablo

Mt. Diablo Chapter will present the |

Dramateurs: Production of ``How the

Other Half Loves" a comedy by Alan

-Ackbourne.

This annual fundraiser will be given

at the Lafayette Town Hall on Saturday |

night, March 5 at 8:30 p.m.

The $5 tickets will provide en-

tertainment, refreshments, and help

with chapter operating expenses. Send

your check made out to Mt. Diablo

ACLU to Louise Clark, 6 Blackthorn

Road, Lafayette, California 94549.

Please enclose a self-addressed stamped |

envelope. For more iniformanon call

254 "4523.

p-m., 814 Mission Street.

Interested in Joining a Committee?

We are in the process of reorganizing

our committees. They are: membership,

program, legislative, and fund-raising.

We welcome your participation. Please

call the Chapter office for details.

Essay Contest

"Does Your Vote Really Count?'' is

the topic of the third annual essay

contest open to all 9th, 10th, 11th and

12th grade students throughout the

city. All essays must be original un-

published works and must be submitted

no later than March 15, 1977. All

entries are to be sent to the S.F.

Chapter ACLU, 814 Mission Street,

San Francisco 94103.

Two prizes will be awarded: First is

$75.00, second is $25.00.

SF. Board of Directors

At our annual meeting in November,

the following persons were elected to

serve on the S.F. board of directors: Ed

Arnow, Maxwell Gillette, Austin

Griggs, Carol Johnson, Penny Nakatsu

and Linda Weiner. -

Other members of the board are:

Ruth Jacobs, Howard Jones, Anson

Moran, Peggy Sarasohn, Arthur

Brunwasser, Lillian Kiskaddon, Ernest

Fleischman, Tom Fleming, Lorraine

Honig, Bruce Johnston, Nina Lathrop,

David Nevins and Richard Weinstein.

The board of directors meetings are |

always open to the membership. The

board meets the last Tuesday of each

month at 6 p.m. at 814 Mission Street.

Should you wish to attend, please call

the chapter coordinator, Esther

Faingold, prior to the meeting.

Community Workshop

A community workshop is_ being

planned for late February or March.

More details next issue.

Yolo hosts M. Halperin

The Chapter hosted Morton H.

~ Halperin, Director of the ACLU Project

on National Security and Civil

Liberties, at a fund-raiser at the home

of board member Hap Dunning on Dec.

14.

Halperin gave specific examples of

the methods used by officials, based on

claims of `national security,' to

override civil liberties.

Chapter chairperson Karen Angel

stated that the money raised from the .

event will help to cover the expenses of

maintaining the Chapter's public "`Life-

Line' telephone service. Volunteer

attorney Norm Kulla serves as chair-

person of the Chapter's Legal Affairs

Committee, which evaluates the legal

issue of each call. Board member Gini

Hinken administers the service and

schedules attorneys to handle incoming

calls from the public. Attorneys who

wish to participate in this vital service

link with Yolo Ceunty residents may

contact Gini Hinken in the evenings at

(916) 756-2036 in Davis.

The "Life-Line'' answering service

can be reached by calling (916) 758-

1301 in Davis.

At the regular board meeting in

November, approval was given to

pursue action in several cases, including

the unequal distribution of medical

benefits for women students covered by

the U.C. Davis Student-Supplemental

Health Plan, 1975-1976; abuse of

authority by the Sheriffs Department

in the Broderick-Bryte area of Yolo

County; and the continued exploration

of the manner in which Yolo police

agencies review the use of firearms by

officers.

New members elected. to the board of

directors during November are Aggie

Costantini of Davis, Hap Dunning of

Davis and Rick Gonzales of Woodland.

David Rosenberg of Davis was

elected vice chairperson of the board.

Schumacher Conference

The Chapter is pleased to announce

that it will be one of the co-sponsors of a

conference with E.F. Schumacher on

February 17-18 at Freeborn Hall,

University of California at Davis.

Berkeley-Albany-

Kensington

On Nov. 30, the Chapter conducted

its annual meeting and elected a new

representative, Michael DeVito, to the

Northern California board of directors.

New members elected to the Chapter's

board were Gene Bernardi, Trudy

Martin, Florence Piliavin, Margeret

Purvine, Jane Riggan, Moses Saunders,

Mike Smith and Tom Surh. The board

is Jooking ahead to an active year.

Chapter board meetings are held

regularly on the fourth Thursday of

each month. The next meeting is

scheduled for Thursday, February 24th

at 8 p.m. Please call 548-1322 for any

further information and to obtain the

location for the next meeting.

We are also pleased to announce that

a Berkeley-Albany-Kensington ACLU

-case has recently won a favorable ruling

from the Appellate Division of the

California Superior Court. The case,

entitled Naparst et al. v. East Bay

Municipal Utility District, was brought

by East Bay M.U.D. to collect the costs

of printing the voters pamphlet

statements of three persons who ran for

the Utility District. Each candidate was

billed between $650 and $1300 after the

election. ACLU volunteer attorney Glen

Moss represented the candidates, and

on appeal the court held that the

requirement that candidates (who

cannot afford fees) pay costs for the

voters pamphlet was unconstitutional

under the equal protection and due

process clauses.

Oakland holds

pot-luck

Is lots of good food your thing? The

Oakland: Chapter will have the first of

- its bi-annual potluck dinners Saturday,

February 26 at the home of Janice

Lapides on 200 Drake Drive in

Oakland. The munching begins at 6:30

and the food list is as follows: -

A-K - bring a main dish

L-R - a Dessert

S-Z - a Salad

Drake Drive is located above the

Warren Freeway (13) off of Snake

Road. For you navigators: if driving 13

Northerly, exit at Park Blvd. Turn left

at the stop sign onto Mountain Blvd.

and proceed to the second traffic signal

and turn right onto Snake Road up to

Drake. If driving 13 Southerly, then exit

at Park Bivd., stay in the left hand and

turn left at the stop sign. Proceed over

the bridge, take a left at the signals onto

Mountain Blvd., then a right at the next

signal onto Snake Rd. up to Drake. Be

sure you remain on Snake because its a

windy road. For clarification or help

call Janice Lapides at 339-9781.

Following dinner, we hope to have an

expert speaker discuss a current civil

liberties issue.

A reminder to our horticulturists and

collectors - save your plants and

garage sale items for our May, 1977

fundraiser. Anyone interested in

donating wine for Chapter fundraising?

Call Mike Coppersmith at 865-1024.

Fundraisers and ideas are welcome.

The Oakland Chapter is currently

accepting nominations for the Board of

Directors. If you are interested or wish

to nominate a person please contact

Louise Reimer at 547-1267. Also, any

member may be nominted to the

Oakland Board by a petition of any five

members of the Chapter presented to

the Chairperson of the Board of

Directors before the adjournment of the

April, 1977 meeting of the Board.

Judge Spurgeon Avakian chaired a

discussion on dilemmas within the

judiciary at the November, 1976

chapter meeting. Among the issues

raised were the judicial ambitions, and

the concept of popular judges. Judge

Avakian also proposed a_ citizens

judicial appointments advisory com-

mission to the governor in California.

Our warmest thanks to Judge Avakian

for an enlightening evening.

_Mid-Peninsula

_ The Mid-Peninsula Chapter has

scheduled a meeting at 8 p.m. for

Thursday, Feb. 24 at the All-Saints

Episcopal Church on the corner of

Hamilton and Waverly in Palo Alto.

For further information, contact Len

Edwards at 287-6193.

By-laws

continued from page 3

8. Executive and Other Committees

. The Board shall, in the manner provided

hereinafter, appoint an Executive Committee com-

"posed of the Chairperson, the Treasurer, and three or

more additional directors, to which it may delegate

any of its powers and authority which it is not

unlawful so to delegate. The Board may also appoint

such other committees as it may find necessary or

desirable. Members of all committees appointed

under the powers of the Board shall be members in

good standing of the American Civil Liberties Union.

of Northern California. The calling of committee

meetings and their required quorum shall be subject

to such rules as the Board of Directors may prescribe.

The Executive Director shall be a non-voting ex-

officio member of all committees, including the

Executive Committee. The Chairperson shall also be

an ex-officio member of all committees, but shall have

- voting rights on the Executive Committee and on any

other committee to which he is specifically appointed.

(By-laws Articles VI-X to be continued in oe next

issue of ACLU News. )