vol. 53 (1989), no. 3

aclu news

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Volume LIIl

ith massive marches in San Fran-

V cisco and Washington, D.C., full

page newspaper ads, hundreds of

thousands of letters to government offi-

cials, press conferences and legal briefs,

the voices of the burgeoning movement for

the right to choose reverberated throughout

the nation in the weeks preceding the U.S.

Supreme Court arguments in Webster v.

Reproductive Health Services, the case

which threatens to turn the clock back on

reproductive rights.

On April 2, 30,000 pro-choice support-

ers marched through San Francisco behind

banners representing women's groups, la-

bor, students, minority communities, and

local groups from all over the West Coast.

The ACLU-NC contingent - which ended

up sandwiched between the Revolutionary

Communist Party and the Republicans for

Choice - was a strong representation of

Board members, Chapter activists, staff

and volunteers. The ACLU-NC table at the

rally site was swamped with marchers

wanting to sign the letter to Attorney Gen-

eral Thornburgh urging him to reverse his

anti-choice stand.

The half-a-million marchers for "Wom-

May 1989

Groundswell of Support for a

Woman's Right to Choose _

Abortion Rights Battle on

Federal, State Levels

en's Equality and Women's Lives" in

Washington, D.C. the following week also

included a large contingent from the ACLU

which had moved its national Board meet-

_ ing to Washington, D.C. to coincide with

the march. ACLU-NC National Board

members Barbara Brenner and Anne Jen-

nings and Field Representative Marcia Gal-

lo represented the affiliate at the national

march.

Gallo also attended a national confer-

ence "In Defense of Roe"

in Washington on the eve of the march. The

conference, which was organized by the

ACLU Reproductive Freedom Project, the

Women of Color Partnership Project and

the Religious Coalition for Abortion Rights,

focused on the need to broaden the pro-

choice movement to address vital issues -

such as access to health services, coerced

sterilization, teen pregnancy, and prenatal

health care - which are of special impor-

tance to minority women and their commu-

nities.

The ACLU-sponsored letter to Attorney

General Thornburgh has generated an enor-

mous response. The ACLU-NC placed a

full page ad in the Bay Guardian and re-

, which was held.

No. 3

The April 2 March for Women's Equality Women' s Lives in San Biadetsce drew

30,000 pro-choice supporters.

ceived over 2,500 letters. Many people pho-

tocopied the newspaper ad and distributed

- dozens of the letters in their workplaces and

campuses. The letter was printed in the New

York Times by the national ACLU and in lo-

cal newspapers across the country by

ACLU affiliates. The national ACLU turned

in 200,000 letters to the Attorney General

on April 20.

On April 25, the ACLU-NC participat-

ed in a San Francisco press conference

sponsored by the Bay Area Civil Rights

Coalition which affirmed support for Roe v.

Continued on p. 8

Trial Opens in Challenge to Searches of Prison Visitors

: long-awaited trial in a lawsuit filed

A 1986 by the ACLU-NC and the

Prison Law Office opened on April

7 before. Marin County Superior Court

Judge Richard H. Breiner. The lawsuit

charges that the California Department of

Corrections policy of searching inmates'

visitors and their vehicles without probable

cause is unconstitutional.

The lawsuit was filed on behalf of six

persons who visit relatives in California |

prisons, an inmate, and two taxpayers.

One of the visitors said that the experi-

ence was so traumatic that she visits her

husband less often.

The case is being argued by Prison Law

Office attorney Donald Specter and ACLU-

NC cooperating attorneys Richard Goff,

Jon Hayden, Richard DeNatale, and Jo Ker-

linsky of the San Francisco law firm of

Heller, Ehrman, White and McAuliffe.

Under the search policy implemented by

the CDC in 1985, prison visitors and their

vehicles in prison parking lots are subjected

to random and indiscriminate searches by

armed guards, narcotics officers and police

dogs. The searches are carried out on ran-

dom Saturdays, the busiest visiting day of

the week at CDC prisons including San

Quentin, Duell Vocational Institute, Vaca-

ville, Soledad and Folsom.

Police dogs

"Armed guards and police dogs subject

prison visitors, including children, to a

frightening, humiliating, and blatantly ex-

cessive invasion of personal liberty," said

Specter. "In doing so, the CDC obstructs

and deters prison visits, and indeed, under-

mines the values which visits are intending

to foster."

Attorney Goff described the search pro-

cedures: ""When arriving at the prison park-

ing lot, visitors are confronted with a con-

tingent of armed prison guards, uniformed

and plainclothes police officers, Sheriff's

Department narcotic squad officers and

trained German shepherd police dogs.

"At random, or with predetermined fre-

quency, the officers stop some or all of the

cars entering the lot. All occupants of the

cars - including children and non-visitors

- are ordered out. The officers have no

probable cause to stop the cars, nor any in-

dividualized suspicion to do so.

"Visitors are not given any reason for

the search, and are told they may not enter

the prison to visit area without being

searched," Goff said. Under the original

CDC regulation, visitors were not told that

they had a right to leave the prison area if

they did not want to be searched. However,

a preliminary injunction issued in May

1986 now requires that those who do not

wish to be searched are told that they may

leave.

`All of the compartments of the cars and

their contents, and all of the visitors' wal-

lets, handbags, and other personal belong-

ings - none of which typically enter the

Continued on page 6

aclu news

may 1989

Death Threats, Bomb Scares and Censorship: the Hidden

Dangers of the First Amendment

by Dorothy Ehrlich

ACLU-NC Executive Director

that morning on KPFA. I was to ap-

I was ill prepared for the radio program

pear as a member of a panel focused

on the Salman Rushdie affair. The live pan- (c)

el was scheduled to follow immediately the

_ airing of a tape made of a public reading of

Rushdie's controversial new novel, The Sa-

tanic Verses, which had been held at the

San Francisco Public Library the previous

Friday. A "balanced" panel of pro- and

anti-Rushdie speakers was invited to at-

tend.

The balance was upset, however, when

' the other "pro-Rushdie" panelist was called

_ out to deal with an emergency - his book-

store had been bombed, apparently because

they were selling the Rushdie book. The

equilibrium was further jolted by the an-

nouncement that the radio station - just a

few blocks from the bombed bookstore -

had also received bomb threats that morn-

ing.

The tension created by the bomb threat

was quickly overwhelmed by the depth of

the disagreement that existed between the

three panelists who spoke against the publi-

cation of The Satanic Verses and me, as-

A little book banning seems pale in

comparison to a multi-million dollar

reward for the murder of an author.

serting the right of booksellers to sell and

readers to read the controversial novel free

from intimidation.

`Weeks later, now that the uproar has

died down, the lessons learned from that

panel and the many more that were to fol-

low, have become exceedingly clear.

The first lesson has to do with intoler-

ance. This is an accusation we freely as-

cribe to our adversaries - those who would

threaten to execute a writer for a book they

find offensive. But there was more to be.

learned about intolerance - and some of it

was my own. For the gulf of misunder-

standing that separated the two sides of this

debate was so wide, that it initially prevent-

ed us from hearing each other.

To drive home the fact about just how

offensive the Rushdie novel is to some, I

was asked to put myself in their position

and consider what steps I would take if

Letters

Death Penalty

I want to congratulate and encourage

Michael Laurence on his heading up of the

Death Penalty Project as reported in the

ACLU News.

When the State kills a human being, I,

unable to halt it, become a most unwilling

accomplice. So are we all made murderers,

willy-nilly. This is the basic reason the

death penalty must be outlawed. But there

is another, slightly lesser, reason that ought

to be researched and widely discussed, one

that might help sway the minds and hearts -

of some.

Do we have definitive information on

how many people are wrongfully convicted

of crimes. What percentage of all convic-

tions? When a person has falsely lost years

in prison, we cannot fully reverse that

dreadful miscarriage of justice. But if that

person has been killed, we can not even

start to amend the error. And it does hap-

pen!

It will take much legal effort and a

great deal of public education, but surely,

in the name not only of justice but our own

morality, we must eliminate the death pen-

alty.

Ruth G. Cates

Weott, CA

Norman Reider

Norman Reider, M.D., a distinguished

San Francisco psychiatrist and educator,

died recently at the age of 81. He was an

outspoken and effective supporter of free-

dom and civil liberties and especially of the

American Civil Liberties Union of North-

ern California to which he was a generous

contributor.

Dr. Reider was a great help to me in the

1960's as an expert witness when the

sors all over northern California who want-

ed to repress expressions of human sexuali-

ty, calling it "pornography."

With warm wishes for his spirit and

knowing that this will carry on his work

and hopes, I enclose this donation and trust

his friends and admirers will add to it.

Marshall Warren Krause

Larkspur, CA

Krause is the former Legal Director of

the ACLU-NC and is currently on the

Board of Directors.

Red Scare

I am working on an oral history of the

McCarthy era. There are many volumes on

the history of this era, but what is missing

are the individual experiences of those who

were involved. My project would be a book

of memories, rather than hard facts and sta-

tistics. It would represent the voices of ordi-

nary men and women as they recall the

years their government and their neighbors

turned against them - an oral history of

The Great Fear.

It would, as much as possible, represent

the diversity of those caught up in the

witchhunts, the panorama of American so-

ciety.

I would appreciate hearing from anyone

who was blacklisted, jailed, subpoenaed be-

fore a government committee, or in any

way harassed for their politics or associa-

tions during the Red Scare of the Truman

and Eisenhower era (1945-1961). If inter-

ested, please send a brief outline of experi-

ences in a letter to Griffin Fariello, PO Box

640533, San Francisco, CA 94164-0533.

Requests for anonymity will be respected.

Thank you very much.

_ Griffin Fariello

San Francisco, CA

ACLU-NC was fighting know-nothing cen-

someone defaced my flag, or wanted to dis-

tribute racist or anti-Semitic literature, or

materials that debased women, even por-

nography. Wouldn't I demand some drastic

action to prevent this kind of insult?

The point that this list reads like a copy

of our annual docket of ACLU cases may

have been lost in the charged atmosphere of

this debate.

Symbolic exercise

What I learned was that, for many peo-

ple, supporting the First Amendment - be-

ing in favor of free expression - is largely

a symbolic exercise, like saluting the flag.

In fact, my opponents dutifully prefaced

each remark in favor of censorship with the

disclaimer, "While I support and believe in

the First Amendment..."

That is how I came to perceive my own

intolerance and to understand the fragility

of free expression.

Free expression is most often revered as

a concept, a guiding principle which can be

applied effortlessly to all forms of bland

speech, rather than as a conviction which

means that all expressions have a right to

exist, even the most offensive ones. In fact,

the ACLU is largely misunderstood when it

defends offensive speech. We find that peo-

ple's faith in the First Amendment is easily

shaken, for everyone has something they

would like to see banned or censored.

In the case of The Satanic Verses there

was, at the beginning, very little under-

standing of how offensive this book was to

the millions of Moslems living in a world

which seemed to grow much smaller during

the course of the debate.

The Rushdie controversy follows a long

and unfortunate tradition of finding that the

speech that is most worthy of violent con-

demnation is speech which demeans any

major religious group.

It is a supreme irony that the Rushdie

incident provoked a far greater understand-

ing and appreciation of Islamic religion and

culture. In that sense, the Rushdie contro-

versy became a triumph for the proposition

that the cure for offensive speech - wheth-

er it demeans a religious group, or women

or flag saluters is to call for more speech.

It was also an opportunity for a tremen-

dous outpouring of support for the First

Amendment as Presidents joined poets and

intellectuals in support of our theoretical

belief in free expression.

Ironically, in the midst of this contro-

versy, the attempt by public officials in

Napa County to prevent a white suprema-

cist group from gathering was rather lost in

the fanfare of support for the First Amend-

ment. And how many people were aware

that a few weeks later, pressure would be

put on the Hayward Public Library to pre-

vent another hate group from using that

public facility; or that a Catholic university

in San Francisco would prevent pro-choice

groups from circulating petitions on its

campus, because their views conflicted

with the school's religious principles. How

many joined the ACLU in speaking out

against these homegrown acts of censor-

ship?

All of these examples serve to illustrate

how, despite eloquent testimony to the con-

trary, the desire to censor is woven deeply

into the fabric of our society. Did the Rush-

die matter revitalize our attachment to the

principal of free expression? Perhaps it did.

Reassertion of our faith in this fundamental

right is a worthwhile exercise. But turning

the concept into reality is a far more diffi-

cult battle.

Finally, did the debate and avowals

around Rushdie leave us feeling smug

about the safety of free expression in this

country? After all, a little book banning

seems pale in comparison to a multi-

million dollar reward for the murder of an

author.

Will the efforts of fundamentalist

Christians in this country to remove books

- ranging from the Wizard of Oz to life-

saving materials about how to prevent the

transmission of AIDS - seem tame com-

pared to those less "civilized" threats from

the other side of the world?

Now that the headlines have subsided,

there may be a chilling effect that will

largely go unmeasured. Perhaps publishers

will avoid any treatment of Islamic religion

or culture, for fear of offending. Or, they

may steer clear of other explosive topics in

order to safeguard their businesses, or to

avoid the incalculable expenses incurred

through such a controversy. )

There is, after all, nothing uniquely Is-

lamic about this debate. Salman Rushdie

and his predecessors - from Frank Baum

to James Joyce to Dante - all serve to re-

mind us of the virtue and the wisdom of in-

sisting upon the protection of free expres-

sion and the dangers inherent in doing so.

aclu news

issues a year, monthly except bi-monthly in January-February, June-July, August-

September and November-December.

Published by the American Civil Liberties Union of Northern California

H. Lee Halterman, Chairperson

Dorothy Ehrlich, Executive Director

Elaine Elinson, Editor

Marcia Gallo, Field Page

ZesTop Publishing, Design and Layout

1663 Mission St., 4th Floor

San Francisco, California 94103

(415) 621-2488

Membership $20 and up, of which 50 cents is for a subscription to the aclu news and

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

aclu news

may 1989 3

Police Tactics Bring Renewed Protests

ven as the civil rights community

H was smoldering over the Police

2 Commission's refusal to hold a dis-

ciplinary hearing for the officer who

clubbed UFW leader Dolores Huerta dur-

ing an anti-Bush demonstration in Septem-

ber, a new clash between police and dem-

onstrators brought renewed criticism of the

San Francisco Police Department's crowd

control tactics.

ACLU-NC Police Practices Project Di-

rector John Crew charged that at the March

20 demonstration at the Federal Building

against U.S. policy in El Salvador some of-

ficers "used tactics that created confusion

and may have caused - instead of pre-

vented - some of the violence."

At that demonstration, undercover offi-

cers, without identifying themselves as po-

guaranteed in the Bill of Rights...and to

ensure that those who wish to exercise their

rights are able to do so, without interfer-

ence by the government, as guaranteed by

the First Amendment.

"The ACLU does not have, or seek to

have `influence' over people who are orga-

nizing to express themselves under the

First Amendment," Ehrlich explained.

In addition, at a March 27 Board of Su-

pervisors meeting called by Supervisor

Terence Hallinan to investigate the police

tactics used on the demonstrators, attorney

Crew criticized the macing of the legal ob-

server and called on Police Department to

adhere to crowd control practices which

protect, rather than hinder, First Amend-

ment rights.

Less than two weeks later, however, at

Community and civil rights activists were angered by the Police Commission vote.

Closed door meeting

That decision came out of a closed door

session at the Hall of Justice. Outside the

meeting room, 75 protesters held a vigil

and a press conference calling for justice

for Huerta, who lost her spleen and suf-

fered broken ribs when she was clubbed at

the September anti-Bush demonstration

outside the St. Francis Hotel.

On March 8, International Women's

Day, the Board of Supervisors honored Do-

lores Huerta and Mayor Agnos proclaimed

"Dolores Huerta Day" in San Francisco.

That evening, however, the Police Com-

mission voted 4-1 against holding the disci-

plinary hearing.

Jose Medina, the only Commissioner to

Barbara Maggiani

lice, waded into the crowd and grabbed

protestors. "This is a very dangerous tactic

which we complained about in 1984 during

the Democratic Convention protests. Until

now, we hadn't seen this tactic used since

then," Crew said.

In addition, even though the Depart-

ment has a clear policy that restricts the use

of Mace as a defensive weapon, at least

one officer deliberately sprayed individuals

who posed no threat to public safety, Crew

charged.

A legal observer, Diana Bullock of the

National Lawyers Guild, was sprayed in

the face with Mace by an undercover po-

liceman as she was taking notes on the

demonstration. :

On March 22, Mayor Agnos held a

press conference where he stated that "Po-

lice played by the rules, demonstrators did

not," and blamed "`irresponsible demonstra-

tors" for the violence that occurred at the

Federal Building. In addition, the Mayor

stated, "I am calling on the ACLU... to use

their influence to ensure that demonstra-

tions are properly planned by sponsoring

groups."

ACLU-NC Executive Director Dorothy

Ehrlich responded with a letter to the

Mayor explaining that "the purpose of the

ACLU is to protect and defend the liberties

another demonstration on April 5 in front

of the Salvadoran Consulate on Market

Street, a police officer posed as a TV cam-

eraman and videotaped protestors.

A news producer from KGO-TV spot-

ted the imposter. "The guy had a press cre-

dential that said KING-TV. Well, we know

that station is in Seattle and we couldn't

imagine them covering this small demon-

stration," said KGO's John Montroni.

Police Chief Frank Jordan admitted that

the man with KING-TV credentials was ac-

tually police officer Ken King.

"This sort of surreptitious videotaping

of demonstrators is another example of

why there is currently a huge polarization

between the police and those seeking to ex-

ercise their First Amendment rights," said

Crew, who filed a Public Records Act re-

quest to get a copy of the tape.

"We tried two years ago to have the po-

lice establish a formal policy on videotap-

ing because of our fear that these tapes

might be used for intelligence purposes,"

added Crew.

These new incidents came against the

backdrop of the Police Commission's deci-

sion not to hold a disciplinary hearing, as

advocated by the Office of Citizen Com-

plaints but opposed by Police Chief Jordan, -

for the officer involved in the Huerta case.

vote against the Police Chief's recommen-

dation, said, "To not hear this case goes

counter to the spirit of the Charter amend-

ment that created the Office of Civilian

Complaints and which calls for civilian re-

Police Commissioner Jose Medina cast

the sole dissenting vote when the Com-

mission voted not to hold a disciplinary

hearing for the officer in the Huerta case.

view of police misconduct cases.

`To not hear this matter calls into ques-

tion the viability, not only of the OCC, but

of the Police Commission itself," Medina

said.

In a letter to Mayor Agnos following the

Police Commission vote, Crew wrote, "The

ACLU is deeply concerned that public con-

fidence in the OCC had been badly shaken

by the handling of the Huerta case.

"Just when the OCC had begun to oper-

ate in a fashion visibly independent from

the police department, there is a perception

that this new-found independence will not

be encouraged or adequately supported by

_ the political leadership of the city," Crew

stated.

He encouraged the Mayor to "demon-

Strate his support for the OCC in very

meaningful ways" by appointing a Police

Commissioner (to replace the departing

Gayle Orr-Smith) who has a demonstrated

understanding of the OCC and civilian re-

view, by hiring additional OCC investiga-

tors, and by urging the Commission to

adopt a policy which directs that all con-

flicts between the Chief and the OCC be re-

solved by the Police Commission "after a

full and fair review of all the evidence ina `

disciplinary hearing."

The ACLU-NC Public Infor-

mation Department is in des-

perate need of a few "tools of

the trade" to help us track our

media work. We need:

~ Portable, color

television set

VCR (to tape programs

and replay TV

appearances)

- Portable AM/FM radio

~ Cassette player and

recorder

Spokespeople from the

Attention Media Freaks

ACLU-NC are appearing more ~

and more on radio and TV.

With good quality equipment

we can use the tapes of ap-

pearances for speakers' train-

ing sessions, Field Program

events, and even some inves-

tigative work! :

- If you can donate any of the

above items, please contact

Elaine Elinson, Public Infor-

mation Director at 415/621-

2493. :

We can arrange pick-up of

any item. The items can be

used but should be in good

working condition.

aclu news

may 1989

High Court OK's Drug Tests for

Rail, Customs Workers

G OH seat teaches that grave

threats to liberty often come in

times of urgency, when consti-

tutional rights seem too extravagant to en-

dure."

With this profound warning, Justice

Thurgood Marshall penned his dissent to

the March 22 United States Supreme Court

ruling which allows drug testing of workers

in the railroad industry.

The decision came in the case of Skin-

ner v. Railway Labor Executives Associa-

tion, in which the ACLU-NC had submit- .

ted an amicus brief challenging drug testing

on behalf of the rail workers' union federa-

tion.

The lawsuit originated when the rail-

workers' unions challenged 1986 Federal

Railroad Administration regulations requir-

ing mandatory drug and alcohol tests of all

railroad workers following an accident or

rule violation.

-After a U. S. District Court ruled that

the tests may be done without probable

cause or individualized suspicion, the

ACLU-NC in 1986 filed an amicus brief in

support of the rail workers in the Ninth Cir-

cuit Court of Appeals.

Unreasonable search

In February 1988, the Court of Appeals

agreed, in a 2-1 decision, with ACLU argu-

ments that the drug testing was unconstitu-

tional. The appellate court ruled that such

drug tests represent an unreasonable search

and seizure in violation of the Fourth

Amendment of the U.S. Constitution be-

cause they allow workers to be tested with-

out any reasonable suspicion of drug use.

The Department of Transportation then ap-

pealed the case to the nation's highest

court.

Groups Oppose Ethnic

Exclusion of Jurors in

Death Penalty Case

n March 10, ACLU-NC Death Pen-

QO alty Project attorney Michael Laur-

ence filed an amici brief in the Cal-

ifornia Supreme Court on behalf of a wide

range of public interest organizations pro-

testing a District Attorney's ethnic exclu-

sion of jurors in a capital punishment case

and urging the Court to reconsider its opin-

ion upholding a sentence of death.

Groups represented in the friends of the

court brief are the American Jewish Con-

gress, Asian American Bar Association,

Charles Huston Bar Association, La Raza

Lawyers Association, NAACP, and South-

ern Christian Leadership Conference. "This

unprecedented breadth of opposition to a

court ruling underscores just how serious

the discrimination of the prosecutor was in

his jury selection procedures," said Laur-

ence.

In the case of People v. Johnson, the

defendant is Black, his attorney is Jewish

and the victim was white. During jury se-

lection, the prosecutor used his peremptory

challenges to exclude every prospective

juror who was Black, Jewish, or Asian.

Although the defense attorney objected

to this obvious ethnic discrimination, the

District Attorney attempted to rationalize

his actions with such subjective reasoning

as he did not feel he could communicate

with a Black woman juror and he thought

another juror did not make eye contact with

him. =

The defense attorney rebutted the ob-

jective reasons by noting that the District

Attorney had not struck white jurors with

similar characteristics, but the trial court

overruled the defense objections.

On February 23, the California Supreme

Court rejected the appellant's claim that he

was entitled to a new trial, although the

court majority acknowledged that the facts

demonstrate discrimination in the peremp-

tory challenges. The Court noted the 1978

landmark decision in, People v. Wheeler,

which states, "the circumstances of the case

show a strong likelihood that such persons

[were] being challenged because of their

group association rather than because of

any specific bias," and a 1985 case People -

v. Trevino, which recognized that the rea-

sons advanced by the prosecutor to justify

his challenges were inadequate to rebut the

presumption of unconstitutionality.

The Supreme Court's response, howev-

er, was to reverse Trevino, rather than John-

son's death sentence.

Call for rehearing

The ACLU-NC amici brief called on the

Court to grant rehearing and reconsider its

Opinion, citing numerous arguments against

the District Attorney's subjective and ra-

cially discriminatory peremptory challeng-

es.

"In addition," Laurence said, "our brief

points out that the range of reasons found |.

acceptable by the Court may themselves

bespeak unconscious racial or ethnic preju-

dices and have often been used - con-

sciously or unconsciously - to perpetuate

discrimination."

The 7-2 Supreme Court decision, which

was accompanied by a 5-4 decision up-

holding drug tests for certain categories of

U.S. Customs Service employees who ap-

ply for promotions or transfers, was written

THS SHER DY

FOR URINALS,

pas

by Reagan-appointee Justice Anthony Ken-

nedy. "The expectations of privacy of cov-

ered employees are diminished by reason of

their participation in an industry that is reg-

ulated pervasively to insure safety," Kenne-

dy wrote.

ACLU-NC staff attorney Ed Chen, who

helped write the amicus brief filed in the

Supreme Court, criticized the decision.

"The Court not only approved testing with-

out `individualized suspicion,' much of its

language in the two cases was sweeping,

threatening the vitality of the Fourth

Amendment.

"Most disturbingly, the Court has taken

a substantial step in reading the Fourth

Amendment requirements of a warrant and

probable cause out of the Constitution,"

Chen added.

Wide impact

"The effect this ruling will have on

numerous categories of workers in any sit-.

uation deemed `safety sensitive,' is still

uncertain. The Court did not resolve the is-

sue of random testing, but its sweeping

analysis is troubling" Chen noted.

The ACLU-NC has a number of drug

testing challenges pending in state and fed-

eral courts, on behalf of oil refinery work-

ers and applicants for jobs at a publishing

firm, among others.

In the Customs Service employees case,

the Court upheld testing of workers apply-

ing for promotions and transfers to

positions involving drug enforcement or

use of firearms, but did not accept all of the

government's proposed testing. The Court

- noted that the government had not demon-

strated that employees seeking positions

which allow access to classified informa-

`tion should be subject to mandatory drug

testing.

The Court indicated the permissibility

of testing would turn on the employees'

expectation of privacy, the nature of the in-

formation involved, and the actual degree

of access permitted to that information.

Chen acknowledged that the rulings,

though confined to specific categories of

workers, could have a broader impact as

both public and private employers will look

to the high court decision as a basis for

their own drug testing programs.

However, Chen said, "I am hopeful that

the decisions will not apply to random drug

testing and that the independent right to

privacy under the California Constitution

will be held to offer greater protection."

Chen agreed with Justice Marshall's

dissent that the Court's majority was

"swept away by society's obsession with

stopping the scourge of illegal drugs."

Marshall said he feared that the "first

and worst casualty of the war on drugs will

be the precious liberties of our citizens."

New HIV Test Laws

Under Fire

laws requiring involuntary HIV tests

for certain arrestees, the ACLU-NC

has argued in courts in San Francisco and

Santa Clara that such testing is useless as

well as unconstitutional.

Following a thrice-postponed hearing in

San Francisco Municipal Court, Judge Per-

ker Meeks ordered an HIV test for Johnetta

Johnson. Johnson is accused of biting a San

Francisco Deputy Sheriff who tried to

forcefully eject her from a courtroom fol-

lowing a hearing in which she was denied

custody of her child.

Johnson's attorney, Public Defender

Grace Suarez, joined by ACLU-NC coop-

erating attorneys Rochelle Alpert and Ruth

Borenstein of Morrison and Foerster and

staff attorney Matthew Coles, has sought

review of that decision in the state Court of

Appeal. The ACLU-NC appeared as friend

of the court in Municipal Court.

"The Department is seeking to force

this woman to have a test without any

showing that there is probable cause to be-

lieve that she engaged in conduct that may

have exposed the Deputy to the AIDS vi-

rus," said Borenstein.

The Department is asking for the test

I n the first efforts to undo new state

under new provisions of the Health and

Safety Code which became law on January

1, 1989 following the passage of Proposi-

tion 96 in the November elections.

No risk

Coles, citing leading national public

health experts, many of whom provided af-

fidavits in support of the ACLU position,

stated that since the AIDS epidemic started

eight years ago, there has not been a con-

firmed case of HIV transmission through

biting.

"Given the evidence that saliva does not

transmit HIV and the evidence that infec-.

tion through a cut on the skin will not occur

without exposure to infected blood, one

person biting another creates no real risk of

infection," Coles said.

On March 30, the Court of Appeal al-

lowed Johnson to be tested for AIDS but

ordered the results sealed while it considers

the case. That ruling prevents the deputy

sheriff and her employers from learning the

results of Johnson's test until the court de-

cides whether the test is constitutional.

In a second case, People v. Rice, ACLU-

Continued on page 5

omestic partnership legislation,

D sponsored by Supervisor Harry

Britt, was introduced at a San Fran-

cisco Board of Supervisors meeting in

April after more than a year of preparation.

Mayor Art Agnos has indicated that he will

support the legislation.

ACLU-NC staff attorney Matthew

Coles, who helped draft successful domes-

tic partnership legislation for the cities of

Berkeley and West Hollywood, has been

working with Supervisor Britt on San Fran-

cisco's ordinance.

"Legislation like this is an important

step in ensuring that benefits are allocated

fairly to all workers without discriminating

against some on the basis of sexual orienta-

tion or the kinds of families they choose,"

said Coles. _

The San Francisco bill contains the fol-

lowing provisions:

1. A definition of domestic partnership

which will include shared living quarters

(while allowing separate residences as

well) and a commitment to share basic liv-

ing expenses (food, shelter, and medical if

one of the partners receives health cover-

age from the other.)

2. A system for filing domestic partner-

ship statements with the County Clerk and

Domestic Partnership Law

Proposed for San Francisco

a requirement that to qualify for benefits,

one need not file with the County Clerk

(i.e., simply presenting a statement will do.)

3. A policy forbidding discrimination

against domestic partnerships by the City

(although this will not make city health

plans available to domestic partners of city

employees right away, see below.)

4. Policies extending bereavement leave

and visitation in health care facilities to do-

mestic partners.

5. A requirement that domestic partners

be treated as family in leases.

6. Creation of a task force to study ways

in which alternative families are disadvan-

taged in the City and to recommend ways to

end discrimination.

According to Coles, "The toughest

problem in getting a bill ready has been

steering through a thicket of state, federal

and local charter law while trying to make

sure people are not misled about what the

bill will and will not do."

The City Charter states that only the

Health Service Systems Board (and not the

Board of Supervisors) can make changes in

health benefits for city employees. That

Board will be approached after the ordi-

nance is passed by the Supervisors, Coles

explained.

In addition, federal law states that the

City can not pass legislation on medical,

-disability, pension, vacation, day care and a

host of other benefits if they are connected

with employment by any private or govern-

mental entity other than the City itself.

State law mandates that the City cannot

pass rules on conservatorships, powers of

attorney, and employment discrimination

based on marital status. State law also re-

quires that declarations filed with the Coun-

ty Clerk be public.

"In spite of these obstacles," Coles said,

"we are very optimistic that this legislation

will succeed in San Francisco.

"In March, the Human Rights Commis-

aclu news

may 1989

Barbara Maggiani

Supervisor Harry Britt

sion held hearings on the problems this leg-

islation is aimed at addressing, and it

seemed clear that an ordinance that protects

at least some of the more basic rights of al-

ternative families is long overdue," Coles

stated.

Cross Lighting Sparks Controversy

people of San Francisco. The

problem with a religious sym-

bol in a public park is that it makes some

people feel like outsiders in their own

parks,in their own cities."

With this testimony before the San

Francisco Recreation and Park Commis-

sion on March 16, ACLU-NC staff attor-

ney Margaret Crosby spoke in opposition

to the General Manager's recommendation

to illuminate the cross on Mt. Davidson on

Easter Sunday.

"The ACLU litigates difficult issues,"

Crosby said, "but this is not one of them.

The cross on Mt. Davidson is plainly un-

constitutional under both the United States

and California Constitutions."

The ACLU argues that the cross on

publicly-owned Mt. Davidson violates the

federal Establishment Clause and the state

Establishment clause as well as state con-

stitutional prohibitions against aid to relig-

6 6 P- are meant to be for all the

ion and against government showing of a

preference for a particular religion.

"The illumination makes the constitu-

tional violation more apparent," Crosby

said.

At the hearing, the Commission adopt-

ed General Manager Mary Burns recom-

mendation to light the 103-foot cross for

two hours before sunrise as a "safety meas-

ure to guide participants to the scene."

Each year, the San Francisco Council of

Churches organizes a climb up Mt. David-

son for Easter sunrise services. Although

Crosby commended the General Manager's

recommendation for serving a "limited,

secular purpose," she argued that "the fact

remains that the City of San Francisco is

lighting a cross which is "an inherently re-

ligious act."

The lighting of the cross was also op-

posed by Al Walker of Americans United

for Separation of Church and State and Joel

Brooks of the American Jewish Congress,

Newsrack Law

Unconstitutional, ACLU

Charges

harging that an Alameda ordinance

effectively banning certain news-

racks is unconstitutional, the

ACLU-NC and the California Newspaper

Publishers Association filed an amici brief

in the state Court of Appeal in February.

The ordinance, parading as a "time,

place and manner" restriction, in fact only

affects newsracks which distribute publica-

tions dealing with sex, the suit charges.

"The ordinance in question is a flat prohi-

bition on newsracks based on their content,

and is thus impermissible," the brief states.

The amici brief was authored by

ACLU-NC cooperating attorneys Karl Ol-

son and Martin Kassman of Cooper, White

Cooper.

; According to Olson, "The Alameda or-

dinance's restrictions on newsrack place-

ment do not apply to newsracks without re-

gard to the content of the newspapers sold

in them. They do not apply, for example, to

newsracks containing general-interest daily.

newspapers. They do not apply to news-

racks containing specialty publications

about the business world, entertainment or

the arts. They apply only to newsracks con-

taining publications that focus on the sub-

ject of sex. It could hardly be clearer that

the ordinance differentiates among publica-

tions based on their content."

The brief notes that "time, place and

manner" restrictions on newsracks, such as

the City of Alameda has had in effect since

1981, are permissible under the state and

federal Constitutions. However, as the new

Continued on Page 6

among others. Brooks told the Commis-

sion, "Our group opposes the placement of

religious symbolic displays of any kind, in-

cluding Jewish, on public property.

"The Constitution clearly states that the

government may not endorse or show pref-

erence for any religion," Brooks testified.

Although the lighting of the cross was

approved by the Commission, "the larger

issue - of the City being involved with a

religious symbol - is still at hand," Cros-

by said.

"The important problem is the presence

of the cross on public land. It is time for

this Commission to address this ongoing

constitutional violation," she added and

urged the Commission to calendar a future

hearing on the broader issue.

HIV Tests ...

Continued from p. 4

NC attorneys Coles, Alpert and Frank

McGuire, also of Morrison and Foerster,

again acted as a friend of the court in seek-

ing to halt an HIV test for a man who alleg-

edly "might have" bled on a Sunnyvale po-

lice officer as he was being arrested. Rice

was cut when the officer smashed the win-

dow of his car and dragged him out after a

chase.

The HIV test was demanded by the po-

lice officer under a section of the California

Penal Code, passed by the Legislature

shortly before the adoption of Proposition

96. The law allows judges to issue search

warrants for AIDS tests if the judge finds

that there is probable cause to believe that

the defendant committed the crime and

probable cause to believe that blood, semen

or another fluid capable of transmitting the

virus was transferred from the accused to

the victim.

Coles explained the ACLU arguments:

"Our experts first showed that the defen-

dant could be infected even if he tested neg-

ative because recently infected persons test

negative. Therefore, a negative test would

not mean that the victim could engage in

unsafe practices.

"They then showed that the only medi-

cal treatments for a recently infected person

should not begin until after that person has

been tested him/herself. The experts ac-

knowledged the debate about the experi-

mental use of immediate AZT therapy for

recently infected persons," Coles added,

"but noted that the request in this case came

long after the therapy could have been ef-

fectively used." 7

Building on that testimony, the ACLU

argued that since the test could not be used

in any medical or disease prevention deci-

sions by the victim, the state's interest in

forcing a test did not outweigh the victim's

Fourth Amendment and privacy rights.

"An HIV test for Rice would be useless

to the officer," argued McGuire, "as it can

take as long as six months to detect the an-

tibodies indicating AIDS."

Although a municipal court ruling al-

lowing the test was originally stayed by

Superior Court Judge Jeremy Fogel for ten

days, the stay was lifted, and a test was or-

dered, on March 29.

ACLU-NC attorneys were outraged at

the violation of the defendant's privacy

rights during the course of the hearings. Al-

though Rice wanted to waive his right to

appear in open court to protect his privacy

during this controversial case, Municipal

Court Judge Steven Manley ordered him to

appear in person - in shackles - to make

the request, despite the presence of a dozen

news reporters and cameras. Rice was

shackled because the Sheriff put him in

isolation pending the test; he is not violent.

The Superior Court barred news came-

ras, but when the bailiffs took the defen-

dant out of the courtroom, they led him

through a public hall crowded with news

media rather than through the private back

exit.

The fear of further violation of his pri-

vacy rights is one of the reasons that Rice

has decided not to appeal the court's deci-

sion, Coles explained.

The ACLU-NC, which opposed both

the Hart bill and Proposition 96 as uncon-

stitutional, is now pursuing litigation to in-

validate the forced HIV testing called for.

by the new laws. Coles said he hopes the

Court of Appeal will examine the constitu-.

_ tionality of Proposition 96 in the Johnson

Case.

aclu news

may 1989

_ ACLU Membership Soars

_by Sandy Holmes

ACLU-NC Membership Coordinator

eorge Bush's campaign attacks on

GG": ACLU have backfired. The

ACLU-NC has seen an extraordi-

nary and unprecedented surge of 6,000 new

members since his "card-carrying" accusa-

tions first surfaced. Across the country,

more than 45,000 people have joined the

organization-since October - putting the

national ACLU membership at a record

300,000.

"The presidential election campaign

had the effect of `spontaneous combus-

tion,'" said ACLU-NC Executive Director

Dorothy Ehrlich. "It is rare for so many in-

dividuals to contact us, unsolicited, asking

to join." Ordinarily, new members join as a

result of ACLU recruitment drives.

But last fall, hundreds of people called

the ACLU on their own initiative to ask -

how to become "card-carrying members of

the ACLU." Extra staff, students and vol-

unteers were assigned to the Membership

Department to respond to the requests and

handle the enormous volume of member-

ships that arrived in over-stuffed mail sacks

each week.

By December 31, the ACLU-NC had

grown to 22,912 members - a gain of over

8,000 members in a 12-month period.

Recruitment drive

A second wave of close to 2,000 new

members joined in response to an advertis-

ing campaign and local mailing and tabling

efforts.

The Gay Rights Chapter recruited 80

new members in a single afternoon of ta-

bling at a community fair. The Santa Clara

Valley, Monterey, Earl Warren and Sonoma

Chapters also had exceptional responses to

their local recruiting efforts.

The ACLU-NC also placed full-page

membership ads, carefully timed to coin-

cide with George Bush's inauguration, in

the Bay Guardian and the New York Times.

As a result, newspaper clip-out applications

poured in - a large number had been pho-

tocopied and reproduced several times.

ACLU's visibility was especially suc-

cessful in "jump-starting" lapsed members:

nearly 500 former ACLU members rejoined

during this period.

Prison Visitors ...

Continued from p. 1

secured part of the prison - are searched,"

Goff added.

Frightened children

"These searches and the manner in

which they are conducted succeed in ha-

rassing and frightening the visitors, particu-

larly the children who come to visit their fa-

thers," said Specter.

"The harshness of the guards and their

lack of respect for the visitors, the calculat-

ed show of force by prison staff and their

open display of weapons, the fierceness of

the dogs - all of these combine to create a

most intimidating atmosphere," he said.

The suit charges that these measures are

Newsrack Law ...

Continued from Page 5

ordinance attempts to regulate the content

of publications, it is in violation of both

federal and state constitutional law.

The original case was brought against

the City of Alameda by Sebago Publica-

tions which publishes a sexually oriented

newspaper The Spectator. The trial court

held that the ordinance violated the free-

dom of press guaranteed by the U.S. and

the California Constitutions; the City of Al-

ameda appealed the judgment.

According to Olson, "California courts

have upheld the rights of publishers, under

both the United States and California Con-

stitutions, to distribute their newspapers by

way of newsracks located on public streets.

The United States Supreme Court has very

recently made it clear that content-based

discrimination, or even a strong potential

_ for it, will not be tolerated in the licensing

of newsracks. The ordinance is plain and

simple content-based discrimination."

The suit is asking that the decision of

the trial court be upheld.

unconstitutional and unnecessary for prison

security. All visitors are routinely subject to

metal detector screening and examination

of all belongings when they enter the prison

gates, which, the suit states, is a reasonable

security precaution to prevent contraband

from coming into the prison.

At a press conference prior to the open-

ing of the trial, Barbara Sianez, the wife of

a Folsom Prison inmate and a plaintiff in

the case, spoke about her experiences. "I

had been visiting my husband for a number

of years, so in May 1985 when a guard

pulled me over and told me our car would

have to be searched, I thought something

out of the ordinary - like an attempted es-

cape - had happened. ~

"T was with my 8-month old daughter

and my mother, who was just dropping us

off and not going into the prison," Sianez

said. "They searched the car, including my

baby's belongings, and they pat searched

me and my mother in front of all the male

guards. All the while, I asked them what

was going on and they would not answer

my questions. My mother has high blood

pressure, and I was especially concerned

that this would be upsetting to her," she

added. :

Sianez said that she brought the suit be-

cause, as her husband's sentence is life

without possibility of parole, she does "not

want to keep facing this - nor to face the

possibility of her daughter being strip

searched."

The charges in the suit are backed by a

declaration from Raymond Procunier, for-

mer director of the California Department

of Corrections and director of prisons in

three other states. Procunier stated, ""These

procedures...serve more to harass and deter

visitors than to deter narcotics or contra-

band."

The suit is seeking an injunction prohib-

iting searches of visitors, their cars and

their belongings without probable cause,

and a declaration from the court that the

search policy is unconstitutional.

The defendant in the suit is the current

Department of Corrections Director James

Rowland. The trial is expected to last sever-

al weeks.

A Will to Give to the ACLU

For more than half a century, the

ACLU of Northern California has

fought to defend the Constitution

and the Bill of Rights. Through the

pages of history - redbaiting, vigi-

lantes, WWII internment camps,

' HUAC, the Free Speech Movement,

Vietnam, civil rights, the fight for le-

gal abortion, gay rights and more -

the ACLU has pioneers the fight for

individual liberties.

You can do something now to in-

sure that the ACLU will continue to

fight - and win - ten, twenty, and

fifty years from now, through a sim-

ple addition to your will.

Every year, thoughtful civil liber-

tarians have, through their bequests, -

provided important support for the

ACLU. In 1988, bequests from our

supporters contributed $75,000 for

the work of the ACLU Foundation.

Making a bequest is simple: you

need only specify a dollar gift or a

portion of your estate for the Ameri-

can Civil Liberties Union Foundation

of Northern California.

If you need information about

writing a will or want additional infor-

mation, consult your attorney or

write:

Bequests

ACLU Foundation of

Northern California

1663 Mission Street

Suite 460

San Francisco, CA 94103.

aclu news

may 1989

Pena, New ACLU Legislative Director

argaret Pefia, the recently-

M appointed ACLU Legislative Di-

rector, is a newcomer to the com-

mittee rooms of the Capitol in Sacramento,

but she is no newcomer to lobbying. For

the past four years, Pefia has been walking

the halls of Congress as the Legislative

Representative of the American Federation

of Government Employees, AFL-CIO.

"Almost every federal employee issue

involves civil liberties," said Pefia, noting

that she had very much appreciated work-

ing with national ACLU lobbyists in Wash-

ington, D.C. "We worked together on leg-

islation protecting whistleblowers,

opposing drug testing and promoting a re-

form of the Hatch Act." Under the Hatch

Act, federal employees are currently pro-

New Legislative Director Margaret Pena joins Francisco Lobaco in lobbying for civil

liberties in the state capital.

Union Maid Photos

hibited from actively participating in parti-

san politics. "We were able to pass reforms

through the House in the 100th Congress

which would have allowed them to partici-

pate. Unfortunately, the bill never reached

the floor of the Senate. Hopefully the legis-

lation will be successful this year," Pefia

said, adding "This important legislation

would extend fundamental First Amend-

ment rights to government employees."

Political campaigns

Pefia, a San Diego native and a graduate

of the University of California at Berkeley

and Georgetown University Law Center in

Washington, D.C., is also no newcomer to

the political process. Last summer and fall

she worked on the national advance staff of

the Dukakis/Bentsen Campaign, coordinat-

ing political, logistical and media arrange-

ments for campaign events across the coun-

In 1984, she worked on the national ad-

vance staff of Vice-Presidential candidate

Geraldine Ferraro.

Prior to her national lobbying work for

AFGE, she served the union as Staff Coun-

sel in the General Counsel's Office repre-

senting federal employees in federal and

state courts and in arbitration proceedings.

Pefia also did a stint with the Environmental

Protection Agency, assisting in enforcing

the Clean Air Act provisions for automobile

/

emission controls.

And what brings Pefia from the national

center of power to Sacramento? "`T liked the

idea of working for the ACLU," she said.

"There is no compromising on crucial is-

sues, and, as a "`watchdog organization,'"

we serve as a conscience for legislators. I

very much admired the ACLU lobbyists I

worked with in Washington, and they were

known for working very hard."

Given the legislative agenda in Sacra-

mento, Pefia will also be working very

hard. There have already been 4000 bills

introduced this session, about half of them

are on the ACLU "watch list."

"The California Legislature takes on a

full agenda," she noted. "Right now, we are

active on legislation concerning reproduc-

tive rights, the death penalty, criminal jus-

tice, voting rights and the California Public "

Records Act, to name just a few."

Although Pefia, who joined the Legisla-

tive Office in February, says that she is

currently primarily concerned about learn-

ing the issues, she has a long term commit-

ment to promoting grassroots organizing.

"The more ACLU members there are that

are involved in lobbying legislators on the

local level, the easier it is for us here in

Sacramento to make our issues priorities

and to make our points more forcefully."

Pefia replaces Marjorie Swartz as the

Legislative Director of the ACLU. Work-

ing with Legislative Advocate Francisco

Lobaco, she lobbies for the ACLU affili-

ates of Northern and Southern California.

Swartz, who was with the ACLU for five

years, left in November to become a lobby-

ist for the California Medical Association.

by Francisco Lobaco

ACLU Legislative Advocate

alifornia is facing a severe financial

C crisis. The latest fiscal projections

indicate that the 1989-90 Budget

will be $1 billion to $1.6 billion short of

the money needed to maintain the existing

level of essential services. Responding to

this shortfall, Governor George Deukmeji-

an has proposed balancing the budget by

dramatically slashing existing social pro-

grams for California's neediest residents.

The ACLU, will actively oppose these dra-

conian cuts which will harm civil liberties.

Among the major cuts proposed is the

elimination of $272 million in cost of liv-

ing adjustments (COLA) for AFDC and

SSI recipients. These programs provide as-

sistance to meet the basic economic needs

of the poor, aged, and disabled. For many,

the COLA could mean the difference be-

tween affording rent or going homeless.

Family planning

Health services are also earmarked for

substantial cuts. For example, the Governor

is proposing to eliminate the Office of

Family Planning, which provides informa-

tion and services for low-income women.

A recent study showed that the elimination

of the OFP would result in over 90,000 un-

wanted pregnancies in the coming year.

Studies indicate that the OFP services save

more than $6.00 in future health and wel-

fare costs for every dollar spent.

SB 1680 (Doolittle) is the legislation

seeking to eliminate the statutory authority

for the Office of Family Planning. Al-

though the bill is unlikely to pass, the Gov-

ernor has declared that if it does not pass,

he will line-item veto two-thirds of the

OFP's $36 million budget. The ACLU

strongly opposes efforts to eliminate and/or

defund the OFP.

The Budget axe also targets the Medi-

Balancing the Budget on

the Backs of the Poor

cally Indigent Service Program. This pro-

gram reimburses the counties for providing

medical services to the poor. The Governor

has proposed to use virtually all of the

Proposition 99 (cigarette tax increase) reve-

nue to fund this and other existing health

programs.

Critics note that the intent of Proposi-

tion 99 was to provide additional revenue

for health programs - not to replace mon-

ey lost from General Fund cuts.The In-

Home Support Services Program which al-

lows elderly and disabled recipients to live

in their own homes rather than nursing

homes or state hospitals is also threatened.

Likewise, the Budget guts the County Juve-

nile Justice Subvention Program (CJJSP) by

eliminating most of its funding. CJJSP pro-

vides state funds to counties for support of

the local alternatives to incarceration for

youthful offenders. Without state funding,

counties would be forced to close juvenile

camps and ranches and commit young of-

fenders to California Youth Authority insti-

tutions. The CYA sites are already grossly

overcrowded and cannot provide young

people with needed services and programs.

Veto threat

The Governor has announced that if he

does not get these and other related budget

cuts from the Legislature, he will line-item -

veto millions of dollars from mental health,

drug and alcohol treatment, Alzheimer's

and senior nutrition programs. Assembly

member John Vasconcellos characterized

the Governor's stance as "Do as I say, or

I'll shoot!"

The current financial crisis stems in

large part from 1987 legislation which

sought to bring California into conformity

with new federal tax laws. This legislation,

which reduced the tax rate for the wealthi-

est taxpayers, resulted in a $1 billion struc-

tural deficit because the offsetting revenues

expected from closing loopholes in capital

gains somehow never materialized.

In the long run, it appears that only an

increase in state revenues coupled with an

increase in the state's authority to spend

(through some modification of the Gann

limit) can provide a realistic solution to the

financial crunch.

Meanwhile, the Governor will continue

to pursue - and the ACLU will continue

to oppose - balancing the Budget at the

expense of the poor, the sick, the young

and the elderly.

Gallo Honored for

CLU-NC Field Representative

. Marcia Gallo was honored on

March 15 for her "`outstanding con-

tribution to defending the reproductive

rights of women" by Men Who Care About

Women's Lives. The award was presented

to Gallo by Oakland City Council member

Wilson Riles, Jr., a co-chair of the newly

formed pro-choice organization.

Gallo organizes the ACLU-NC Pro-

Choice Action Campaign which for many

years has galvanized ACLU members into

action around reproductive rights issues.

The Campaign mobilizes grassroots lobby-

ing on choice issues, conducts a public ed-

ucation effort with newspaper ads, forums

and speaking engagements, and, in coali-

tion with other pro-choice groups, com-

memorates the January 22 anniversary of

Pro-Choice Effort

Roe v. Wade with a creative lobbying cam-

paign in the state capital every year.

Councilman Riles noted that Gallo's ef-

forts "have contributed significantly to the

ability of all women - rich or poor - to

have access to safe, legal abortions.

`Rather than just being concerned about

the battle on the legal side, Marcia Gallo

has done exceptional work in moving our

community to organizing around this issue

and has made some significant differenc

es," Riles said.

Other pro-choice advocates honored by

Men Who Care About Women's Lives in-

cluded San Francisco Supervisor Nancy

Walker, attorney Roberta Achtenberg, and

Fay Wattleton, National Director of

_ Planned Parenthood.

aclu news

may 1989

Fight for Abortion Rights ...

Continued from page |

Wade and for reproductive choice for all

women.

On April 3, the national ACLU and the

Planned Parenthood Federation of America

announced the results of their coordinated

efforts to engage a broad range of national

organizations in support of the right to le-

gal abortion.

More than 300 organizations, including

the National Education Association, the

American Medical Association, the Ameri-

can Library Association and the AFL-CIO

joined one or more of the 31 amicus curiae

briefs sent to the Supreme Court in the

Webster case. The broad coalition of organ-

izations asked the high court to reject the

Missouri law - which restricts the right to

abortion in public health facilities, declares

life begins at conception, and seeks to pro-

hibit the use of public funds for abortion

counseling - on several constitutional

As the Legislature prepares the 1989-90

Budget Act, the fight for Medi-Cal abortion

funding again looms as the major reproduc-

tive rights battleground in the state. Each

year, since 1978, the ACLU-NC has suc-

cessfully challenged the cuts in Medi-Cal

funding for abortion, maintaining funding

through court orders for the 100,000 wom-

en each year who seek abortions in Califor-

nia.

Last year, the battle for funding was lost

by only one vote in the Legislature, and

pro-choice advocates are hopeful that this

year the Budget will include full funding

for abortion.

The ACLU-NC Pro-Choice Action

Campaign and ACLU-NC Chapters are en-

couraging members to write thousands of

letters to Legislators urging them to ensure

that reproductive choice is a reality for all

women - rich or poor - by casting their

vote for Medi-Cal abortion funding in the

Barbara Maggiani

_Marchers filled the Civic Center Plaza as politicans, activists, and entertainers - like

Ladies Against Women, pictured here - pledged "We will not return to the days of

back alley abortion."

grounds.

ACLU national president Norman Dor-

sen, coauthor of the brief in Roe v. Wade,

said, "While the court's decision represents

the most serious threat since 1973 to the

right for women to choose an abortion, the

reaction from religious, professional, medi-

cal and public service organizations, as

well as international groups and academia,

demonstrates a strong public sentiment to

preserve the constitutional principles in the

original Roe decision."

Budget Battle

As the country braces for the Supreme

Court decision, intensive work is continu-

ing in California to ensure that abortion re-

mains safe, legal and accessible to all

women in this state.

Budget Act.

The ACLU-NC Pro-Choice Action

Committee held a Speakers Training Ses-

sion on April 6, where over 40 supporters

prepared themselves to speak on reproduc-

tive rights issues at schools, community

groups and other public meetings.

The Gay Rights Chapter is publishing

ads in several gay newspapers around the

State explaining why abortion is a gay rights

issue, and calling on the gay community to

become actively involved in the pro-choice

campaign.

For more information on the Pro-

Choice Action Campaign, please contact

Marcia Gallo at 415/621-2493. If you

would like to schedule a pro-choice

speaker, please contact Mila De Guzman

at 415/621-2493.

Lesbian and Gay Families

Non-Fiction Writing Contest

The ACLU-NC Gay Rights Chapter and

OUT/LOOK magazine are co-sponsoring

the 1989 Lesbian and Gay Families Non-

Fiction Contest. According to contest coor-

dinator and Gay Rights Chapter Board

member Mike Williams, "Lesbians and gay

men have created, and are evolving, rela-

tionships that expand traditional notions of

families.

"We are seeking manuscripts that ex-

plore or celebrate the diversity and richness

of lesbian and gay families, both families of

origin and by choice. Writers of all racial

and cultural backgrounds are encouraged

to enter," Williams said.

The judges are gay historian Alan Be-

rube, poet and playwright Judy Grahn, and

writer and publisher Barbara Smith.

Two prize winners will receive $500 and

memberships in the Gay Rights Chapter;

three runners-up will be awarded $100 and

Chapter memberships.

Manuscripts must be typed and double-

spaced and no longer than 4,000 words (16

pages). The deadline is August 11.

_ For a copy of the contest rules and an

entry form, please write to: Non-fiction

Contest, Gay Rights Chapter, ACLU-NC,

1663 Mission Street, #460, San Francisco

94103.

Field Program

Monthly Meetings

Chapter Meetings

(Chapter meetings are open to all inter-

ested members. Contact the chapter acti-

vist listed for your area.)

Berkeley - Albany - Richmond - Kensing-

ton Chapter Meeting: (Usually fourth

Thursday) No meeting in May. Thursday,

June 22. Members are encouraged to join

the Chapter Board, help staff the hotline,

and organize activities in the Berkeley

area. Contact Tom Sarbaugh 415/428-

1819 (day) or Florence Piliavin 415/848-

5195 (eve.).

Earl Warren (Oakland/Alameda Coun-

ty) Chapter Meeting: (Usually second

Wednesday) Wednesday, May 10 and

June 7. Join the fight to have a strong

Citizens Review Board to monitor police

practices in the East Bay. For more infor-

mation: contact Abe Feinberg, 415/451-

L122,

Fresno Chapter Meeting: (Now first

Tuesday of the month) Contact Mindy

Rose, 209/486-7735 (eve.).

Gay Rights Chapter Meeting: (Usually

first Wednesday) Wednesday, June 7, 7

pm, ACLU office, 1663 Mission Street,

Suite 460, SF. Lesbian and Gay Free-

dom Day Parade Sunday, June 25. Look

for the Chapter booth at the fair. If you

are interested in staffing the table, con-

tact Doug Warner, 415/621-3900. Death

Penalty Action Campaign Workshop

with Amnesty International at the July

Sth meeting.

Marin County Chapter Meeting: (Usu-

ally third Monday) Monday, May 15,

7:30 pm, Citicorps Savings, 130 Throck-

morton, Mill Valley. Annual Meeting

and Potluck, Sunday, June 4, noon, Do-

minican College, will feature Death Pen-

alty Action Campaign Workshop with

Amnesty International. Contact Eileen

Siedman, 415/383-0848.

Mid-Peninsula (Palo Alto area) Chap-

ter Meeting: (Usually fourth Wednes-

day) Wednesday, May 25 and June 28,

8:00 pm, All Saints Episcopal Church,

555 Waverly, Room 15, Palo Alto. Con-

tact Leona Billings, 415/326-0926.

Monterey Chapter Meeting: (First

Tuesday of the month) Tuesday, June 1,

7:30 pm, Monterey Library, Pacific and

Jefferson Streets, Monterey.

Mt. Diablo (Contra Costa County)

Chapter Meeting: (Third Thursday of

the month) Please call for dates of May

and June meetings. Watch for news of

the Mt. Diablo Chapter Theater Party.

Contact Beverly Bortin 415/934-1927.

North Peninsula (San Mateo area)

Chapter Meeting: (Usually third Mon-

day) Monday, May 15 and June 19. Con-

tact Ward Clark, 415/593-1260.

Sacramento Valley Chapter Meeting:

(Usually second Wednesday) Wendes-

day May 10, 6:30 pm followed by a

Neighborhood Meeting on the Death

Penalty at 7:30 pm, 2222 D Street, Sac-

ramento. All members are encouraged to

attend. Watch Chapter Newsletter for de-

tails. Contact Joe Gunterman, 916/447-

8053.

San Francisco Chapter Meeting: (Note

Change: Now fourth Monday of the

month) Monday May 22, and June 26,

ACLU office, 1663 Mission Street, Suite

460, San Francisco. Death Penalty Ac-

tion Campaign Workshop tentatively

set for May 24. For more information,

contact Marion Standish, 415/863-3520.

Santa Clara Chapter Meeting: (Usual-

ly first Tuesday) Attention Chapter

Members! - Please mark your calendar

for the Annual Meeting, Thursday, May

18, 7:30 - 9:30 pm, Los Gatos Neighbor-

hood Center, 208 East Main Street, Los

Gatos (corner of E. Main and Fiesta).

Elections, movie, great refreshments.

We need your support. Contact Christine

Beraldo, 408/554-9478.

Santa Cruz County Chapter Meeting:

Members urgently needed to serve on

chapter board, staff hotline, help plan

chapter activities in the Santa Cruz area.

Contact Bob Taren, 408/429-9880.

Sonoma County Chapter Meeting:

(Usually third Thursday) Thursday, May

18, no June meeting. Join The Human

Race - walk-a-thon fundraiser for the

Chapter, Saturday, May 13. Contact

Judy McCann, 707/527-9381 (days).

Yolo County Chapter Meeting: (Usual-

ly third Wednesday) Wednesday, May

17 and June 21. Contact Casey McKeev-

er, 916/666-3556.

FIELD COMMITTEE

MEETINGS

Death Penalty Action Campaign: Sat-

urday, June 3, 10:30 am, ACLU Office,

1663 Mission Street, San Francisco.

Pro-Choice Action Campaign: Wed-

nesday, May 3, 6:00 pm, ACLU Office,

San Francisco

Student Outreach/Organizing Com-

' mittee: Saturday, May 6, 10:30 am. -

ACLU Office, San Francisco.

For more information or to RSVP, call

Field Representative Marcia Gallo at

415/621-2493.