vol. 53 (1989), no. 7

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Volume LIIl

November 1989

No. 7

~ ACLU Honors

- Hernandez with

- Highest Award

/ | The life of Aileen Hernandez is truly

one to be honored, admired and

emulated. Her work reflects her

intense commitment to the cutting issues of

half a century of U.S. political life: racial

justice, the rights of labor, women's

equality and peace.

On Sunday, December 10, Hernandez

will be honored with the Earl Warren Civil

Liberties Award at the ACLU-NC 17th

annual Bill of Rights Day Celebration. The

event, which will be held at the Le

Meridien Hotel in San Francisco, is the

culmination of the ACLU-NC Founda-

tion's annual fundraising campaigns.

Congressman Don Edwards - will

present the award to Hernandez. The

keynote speaker will be Ralph Neas,

Executive Director of the Leadership

Conference on Civil Rights, based in

Washington, D.C. The Lola Hanzel

Courageous Advocacy Award | will be

presented to veteran ACLU-NC activist

Frances Strauss.

Earl Warren Award

Each year, for the past sixteen years,

the Earl Warren Civil Liberties Award has

been presented to a person or persons who

have distinguished themselves as

champions in the battle to preserve and

expand civil liberties.

"Aileen Hernandez has dedicated her

entire career to the key civil liberties

issues of our times,' said ACLU-NC

Board Chair H. Lee Halterman. "From her

student days picketing segregated theaters

in Washington, D.C. to her current

leadership against the death penalty in

California, as a policy maker and as a

hands-on activist, Aileen is a fighter for

justice."

Hemandez graduated magna cum

laude from Howard University in 1947,

but interrupted her graduate studies at

New York University to accept the

challenge of the International Ladies

Garment Workers for "young people of

dedication to join union service." She

served the ILGWU for eleven years, as an

organizer of the union's Pacific Coast

- Region and later as the national Education

and Public Relations Director.

She served as assistant chief of the

California Fair Employment Practices

Commission where Hernandez's spirit and

skill caught the eye of national leaders. In

1965 she was appointed by President

Continued on page 7

Teens Do Not Need

Parental Consent for

~ Abortions

rights, the California Court of Appeal

upheld the temporary ban on a

California law that requires parental

consent or a court order for teenagers'

abortions.

The October 12 ruling in American

Academy of Pediatrics v. Van de Kamp,

was applauded by attorneys for the

ACLU-NC and the Adolescent Health

Care Project of the National Center for

Youth Law (NYCL) who originally filed

the suit in 1987.

ACLU-NC staff attorney Margaret

Crosby was especially pleased that the

Court reaffirmed that the California

Constitution guarantees the the right to

abortion and the right to privacy for

I n a major victory for reproductive

minors, independent of the federal

Constitution. "That should be very

reassuring to California women after the

U.S. Supreme Court's ruling in Webster v.

Reproductive Health Services," Crosby

said.

The challenged law - which requires

teenagers to obtain parental consent or a

court order before they can get an abortion

- was passed by the state Legislature and

signed by the Governor in 1987. Although

it was to go into effect on January 1, 1988,

the legal challenge prevented that and,

because of court orders, the law has never

. gone into effect.

The unanimous Court of Appeal

decision, written by Justice William Stein,

Continued on page 3

Honoree Aileen Hernandez speaking at a NOW conference in Los Angeles in 1972;

Hernandez was the second President of NOW and later served as Chair of its

Advisory Council.

Courtesy of Hernandez Associates

Elaine Elinson

aclu news

november 1989

In a trial currently underway in U.S.

District Court in Sacramento, eight

inmates at the California Medical Facility

in Vacaville (CMF), are challenging

prison conditions which they charge are

so bad as to constitute cruel and unusual

punishment.

The ACLU-NC_ is __ representing

HIV-positive inmates who have been

segregated in the prison's "AIDS wing."

Northern California male prisoners with

AIDS, and most whom the Department of

Corrections has identified as infected with

HIV (the virus which causes AIDS) are

housed at CMF.

There are approximately 130 inmates

on the AIDS wing, officially called the

Special Program Unit.

One of them, James Haynes Camarillo,

testified at the trial on October 2. His

eloquent and _ profoundly personal

testimony brought many in the courtroom

to tears. Below are excerpts from

Camarillo' s testimony.

denied to learn a trade. I'm

denied work. I mean, you have

some jobs down there, but - you know,

really they don't amount to nothing."

Camarillo and the other HIV-infected

inmates sent prison officials two petitions

asking equal access to job training and

programs. Both petitions were denied.

Their requests for

Anonymous and Narcotics Anonymous

programs also fell on deaf ears.

"T wouldn't really call it teaching,"

Camarillo said of the "special" courses

offered to HIV inmates. "[The teacher]

drops off a book and then comes back next

week to check up on you.

6 y 'm denied an education. I'm

No college classes

"T have six college units. I would like

to get on with my college education, but

I'm denied that," he said. Special Program

inmates can not take courses higher than

basic education and preparation for the

GED exam. Camarillo took college

courses in creative writing and accounting

before the ban took effect.

Camarillo testified that he and other

ACLU Board

Officers

The following have been elected as the

new officers of the ACLU-NC Board of

Directors: H. Lee Halterman, Chair; Tom

Lockard, Treasurer; Vice-chairs: Lori

-Bannai (Chair, Legislative Committee),

Marsha Berzon (Chair, Legal Committee),

Milton Estes (Chair, Development

Committee), Dick Grosboll (Chair, Field

Committee). These officers will be joined

on the Executive Committee by Marlene

De Lancie, Joanne Lewis, Jack Londen,

Nancy Pemberton, Margaret Russell,

Eileen Siedman, and Beverly Tucker.

Pemberton will also serve as_ the

ACLU-NC affiliate representative to the

national ACLU Board of Directors.

Alcoholics |

Inmate's Trial Testimony

"Why not Let Me Go on with My Life?"

CMF inmate James Camarillo transformed a dark closet and some discarded books into a "satellite" law library for the AIDS

Wing at the prison.

Darcy Padilla/courtesy of J. Camarillo

inmates signed up for classes in the spring

of 1989, but were put out of the program

on the first day. "I was waiting at the gate

along with some other people to get

escorted. And word came in, `You guys

from the AIDS unit can't go,' "

Camarillo filed an administrative

appeal for himself and four others. The

appeal was denied.

Camarillo told the court that HIV

inmates are allowed in the main library

only once a week for two to three hours.

- They are always segregated. "We get to

the library under escort down there, they

throw everyone out... They tell everyone,

"You can't go in there unless you got

"AIDS =

The use of the library is far from equal.

"We can't check out books. We can't

check nothing to go outside the library and

bring back like the mainline does. You

can't check them out and take them with

you. So what are you going to do, read a

novel in three hours?"

Despite his lack of formal education

beyond high school, Camarillo is the clerk

for the AIDS wing "satellite" law library.

`When I first started, I had a light bulb to

screw in and a cord to pull. It was just a

dirty little closet. A lot of stuff we get in

there is dated, it's stuff the main prison

library doesn't want."

The Department segregation policy

even covers exercise. On the one day a

week that HIV inmates are allowed into

the mainline gym, "It's without the

mainline inmates, it's always us

segregated down there." The AIDS wing

also has a segregated exercise yard, with

only minimal facilities.

No AIDS counseling

Camarillo was told on his birthday that

he was HIV positive. The prison medical

staff who gave him the news did not

provide counseling. He has received none

since.

"T've seen a pamphlet laying around

and you pick it up and read it if you want

to hear about it. There wasn't any AIDS

education at all." p

Camarillo said he helped run AIDS

education seminars for mainline and

newly arrived inmates for five months, but

usually without supervision by CMF

medical staff.

The prison policy

requires HIV

inmates to be escorted if they leave the |

AIDS wing. The scarcity of escorts caused

Camarillo to miss several appointments

with a prison psychologist. The doctor

decided he could not set aside time for an

inmate who often could not come, so he (c)

discontinued treatment.

According to Camarillo, it is the

combination of idleness and isolation in a

confined space with people who are very

sick which makes life on the AIDS wing

so difficult.

"You feel like you're on a shelf. And

what I mean by that is, like in San

Quentin, when you're sentenced to death,

youre on the shelf.' That's the

terminology they use.

"T see a lot of hurt and pain... and a lot

of people suffering and a lot of people

give up. I see this guy who is healthy and,

two weeks later, gone. And you wonder, is

that going to be me?

"Tt's a lot of hurt sitting there watching

people die and deteriorate and just

- that's all - you're exposed to that 24

hours a day." oe

Camarillo says mainline inmates do

not object to full integration. "The whole

institution attitude has changed. We're

accepted now." But he knows mainline

inmates who won't take the HIV test

"because of the segregation."

Camarillo scoffs at the Department's

argument that it needs to segregate to

provide medical care. "You'd think I'm

hooked to a machine five times a day or

something. But I just get a plastic bag with

five vitamins in it.

"Why should I be denied to better

myself, to get on with my life? The state

provides various programs to assist you,

and I'm denied all that. And it hurts a lot.

It hurts psychologically a lot."

Research for this article was done by

ACLU-NC Public Information Department

intern Paul Stein.

aclu news

8 issues a year, monthly except bi-monthly in January-F ebruary, 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 Typography

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.

, att seca

@ CLUS LA Cavey

aclu news

november 1989 3

Court Halts ``Invasive" Searches of Prison Visitors

isitors to inmates at California

V prisons will no longer have to

endure "abhorrent" invasions of

their privacy, as a result of a Marin

County Superior Court order issued on

September 12.

The ruling followed a month-long trial

in a lawsuit filed by the ACLU-NC and

the Prison Law Office against the

California Department of Corrections

challenging random searches of inmates'

visitors and their cars in prison parking

lots.

Judge Robert. H. Breiner's injunction

forbids dog searches of visitors' cars

without written consent, and requires the

CDC to inform visitors of their right to

leave if they do not wish to be searched. It

also forbids officers from allowing their

dogs to "approach, much less sniff," any

visitor.

"The treatment of some visitors ... has

bordered on the abhorrent," wrote Judge

Breiner. He rebuked CDC personnel for

"acting without thinking, ignoring `the

sensibilities of wives, mothers, and

children, damaging visitors' personal

dignity, and forgetting basic rules of

courtesy and respect."

The case was tried by Prison Law

Office attorney Donald Specter,

ACLU-NC cooperating attorneys Richard

Goff, Jon Hayden, Richard DeNatale, and

Jo Kerlinsky of Heller, Ehrman, White and

McAuliffe, and ACLU-NC staff attorney

Alan Schlosser. The massive amount of

testimony and documentation for the trial

was organized by legal assistants Monica

Zukow and Craig Hennen, also of Heller,

Ehrman.

"Visitors are free citizens and can't be

treated like prisoners, whose rights are

diminished by their incarceration."

"The case originated because armed

guards and police dogs subjected prison

visitors, including children, to a

frightening, humiliating, and blatantly

excessive invasion of personal liberty,"

said Goll In domg so, the CDC

obstructed and deterred prison visits, and

indeed, undermined the values which visits

are intended to foster."

From now on, the dogs must be kept 20

feet from visitors at all times.

The judge also warned prison guards

"against reading visitors' private mail and

legal papers and rifling through personal

belongings.

Major victory

Specter called the ruling a "major

victory" for prison visitors. "It reinforces

the notion that prison visitors are free

citizens and can't be treated like prisoners,

whose rights are diminished by their

incarceration," he said.

The suit charged that the CDC's search

policy, initiated in 1985, violates the

Fourth Amendment and is unnecessary for

prison security, as all visitors are already

subject to a metal detector screening and

an examination of their personal

belongings as

buildings.

Judge Breiner, however, refused to

require that such searches must be

supported by individualized suspicion that

the person possesses contraband.

"Weighing the need for the search

program to combat the serious drug

problem in the state prisons, the balance

ults in its favor against the invasions of

they enter the prison

privacy of the visitors," he wrote, as long

as the Department adheres to the

restrictions imposed by his injunctive

~ order.

- "We are considering a further appeal,

and right now we are fighting over the

terms of the permanent injunction," said

Specter. A hearing was held on November

1 to finalize the details of the injunction.

Constitutionally, an administrative

search must be no more intrusive than

necessary, and the suit brought to light

many abuses of CDC guards. Unwarranted

strip searches, intimidation, damage to

visitors' cars and personal property by

police dogs, and marathon delays all serve

to harass and discourage visitors.

"This decision, although limited, will

encourage people to continue visiting and

maintain firm relationships with their

loved ones inside the walls," said

Schlosser.

As a result of the decision, parking lot

signs warning of "routine searches" no

longer sufficiently imply consent to dog

and strip searches. Visitors must be |

informed of a dog search and submit

written consent prior to being searched.

Visitors must also be informed of their

right to leave if they do not wish to be

searched.

To eliminate delays that have lasted up

to four hours, Judge Breiner set a 20

minute limit on all searches.

Law enforcement

"At some institutions the goal

became one in which law enforcement

became an important objective of the

search team," wrote Judge Breiner.

To remedy this he ruled that DMV

violations discovered by guards are not to

be reported, and that the discovery of

contraband not intended for smuggling is

not grounds to deny visitation. He also

forbade local police from taking part in the

searches.

Earlier in the case, in May 1986, a

preliminary injunction was _ issued

requiring the CDC to inform visitors of

their right to leave if they did not wish to

be searched.

The suit came to trial on April 7 of this

year and ran through May 11; the trial

included testimony from several prisoners'

wives who had been harassed during the

parking lot searches.

Parental Consent ...

Continued from page |

states, "The state Constitution is a

document of independent force, and the

rights defined therein are not mirror

images of federal counterparts.

The state Constitution, Stein wrote,

"provides that the right of privacy is

guaranteed to all persons."

Noting that the right to choose an

abortion cannot be infringed without a

compelling state interest, the Court stated

that the groups challenging the law had

already presented extensive evidence to

refute the state's claim of a compelling

interest. "There was evidence that in

reducing the ability of a minor to make her

own decision in the matter, [the law] will

cause increased stress and depression.

"There was evidence that most minors

are very frightened of court proceedings

and that such proceedings cause additional

stress and anxiety. There was evidence

that [the law] will cause minors to delay

making a choice whether to have an

abortion...and evidence that abortions

performed later in pregnancy are attended

with increased health risks," the Court

found.

The case will now go to trial in San

Francisco Superior Court at a _ yet

unscheduled date; the injunction will stay

in effect at least until a final ruling in the

trial. On October 23, defendant Attorney

General John Van De Kamp announced

that he will not appeal the ruling to the

California Supreme Court but will accept

the appellate court's decision and allow

the case to proceed to trial.

Walt Handelsman/The Scranton Times

AU ALGO

Cooperating attorney Linda Shostak of

Morrison and Foerster, who argued the case

before the Court of Appeal in July, said,

"This ruling puts the state to a heavy

burden of proof to support the law at trial.

And, until it can do that, teenagers can

continue to get abortions on a confidential

basis."

According to the most recent statistics

available (1985), about 34,000 teenagers

aged 17 and under have abortions in

California each year. California has the

second highest pregnancy rate for

teenagers and one of the highest abortion

rates for this age group.

According to NYCL attorney Abigail

English, "Evidence from Massachusetts,

Minnesota and other states where similar

laws have been enforced clearly show the

devastating impact on teenagers.

"These laws significantly increase

health risks to minors and punish young

women for becoming pregnant. They do

not promote family harmony, improve

parent-child communication, or help with

the teenager's decision-making process,"

she said.

Harmful impact on teens

These charges are verified by over 20

declarations included in the lawsuit from

judges who were involved in the judicial

bypass proceedings, health researchers,

psychologists, social workers, doctors and

nurses who provide counseling and

abortions to teenagers in states where the

parental consent laws are in effect.

For example, a Minnesota nurse stated

that minors would skip school and travel a

great distance - often in unsafe conditions

and sleeping in the street or in a car - to

have their petitions heard in another county

where they would not be known. She told

of a teenager whose parents beat up her

boyfriend in an abortion clinic and later

kicked her out the home.

Although new to California, parental

notification and consent statutes have been

enacted in about 14 other states (in another

dozen states, the laws exist but have also

been enjoined). Two ACLU challenges to

such laws - one from Minnesota and one

from Illinois - will be argued before the

U.S. Supreme Court this term.

aclu news

november 1989

Vietnamese Fishermen Fight Ban on Boats

undreds of Vietnamese fishermen

H: northem California are again

able to ply their trade as a result of

an emergency federal court order issued on

November 7. The fishermen had been

detained and cited by the Coast Guard for

allegedly violating a 200-year old statute

which effectively bars non-citizens from

commercial fishing.

On September 27, Vietnamese

Fishermen Association of America and six

individual fishermen filed a lawsuit in U.S.

District Court charging that the federal

statutes which bar non-citizens from

piloting and owning vessels over 5 tons

(approximately 35 feet long), deprives

them not only of their civil rights, but of

`their livelihoods as well.

__ The fishermen are being represented by

ACLU-NC staff attorney Ed Chen; Asian

Law Caucus attorney Dennis Hayashi;

Alan W. Spearer and Carl Blumenstein of

Howard, Rice, Nemerovski, Canady,

Robertson and Falk; and Michael G. Lee of

Minami, Lew, Tamaki and Lee.

Although Judge William Orrick

initially issued a Temporary Restraining

Order (TRO) the day after the suit was

filed prohibiting the Coast Guard from

enforcing the antiquated law, on October

13, the TRO was lifted and an injunction

was denied after a hearing before U.S.

District Court Judge William Schwarzer.

Judge Schwarzer's ruling effectively kept

the fishermen from fishing for two weeks.

When attorneys appealed Judge

Schwarzer's ruling the Ninth Circuit Court

of Appeals issued its emergency order

enjoining the Coast Guard from enforcing

the law while the court considers the

appeal.

Equal protection

The attorneys charge that the

citizenship requirement - _~ which

originated in 1796 as a means of ensuring

that large private boats could be mobilized

to defend the United States from sea attack

- 1S unconstitutional because it violates

the fishermen's right to equal protection

under the Fifth Amendment of the U.S.

Constitution.

"The Fifth

Amendment bars

Vietnamese fisherman Hai Le, skipper of the Romance II.

Richard Gordon

citizenship to pilot or own

fishing vessels. If this law is not

enjoined, I believe that many of

the Association members will be

forced out of the fishing

industry."

"The Coast Guard's actions

have had a chilling effect on the

fishermen and their activities,"

said Chen. "It deprives the

fishermen and their families of

their livelihood and primary

means of support for no good

reason. This case raises

important questions about the

right os resident aliens to be free

from discrimination by the

federal government."

Attorney Blumenstein added,

"This outright discrimination

advances no national interest

and only succeeds in

economically and __ socially

displacing hardworking,

tax-paying members of the

community."

Hayashi said, "This case is

significant in light of the

struggle against rising

anti-Asian sentiment," noting

that Vietnamese fisherman had

previously been subject to

harassment in Texas and

southern California."

Zeke Grader, President of the

Pacific Coast Federation of

Fishermen's Associations, said

he had not heard of the law

being enforced for a long time.

"The law was kind of a joke.

Then with the Vietnamese, they

discrimination against non-citizens and

resident aliens," Hayashi explained.

The Coast Guard began citing

fishermen, many of whom have been

fishing since the early 1980's, in January

of this year, The fishermen in the

Association are permanent residents who

are refugees from Vietnam. Most have

applied for citizenship, but that process

takes years to complete.

On September 16, members of the

Coast Guard boarded several boats piloted

by Vietnamese, told them to cease fishing

and return to port immediately. Some of

the fishermen were threatened with seizure

of their documents and licenses if caught

fishing again, which would effectively

prohibit them from using their boats. At

least 80 Vietnamese-operated boats were

cited.

According to Chieu Pham, President of

the Association, "Until this year, the Coast

Guard has never charged any of our

members for violating laws requiring U.S.

decided to enforce it," he said.

As a result of the Ninth Circuit order,

the fishermen will be allowed to pilot their

vessels and engage in commercial fishing

at least for the next several months.

According to Chen, the Appeal Court is not

expected to hear arguments in the case

until early 1990.

Defendants in the lawsuit are Admiral

Paul Yost, Commandant of the U.S. Coast

Guard and Rear Admiral J.W. Kime,

Commander of the Eleventh Coast Guard

District.

Horsewoman Wins Final Round

fter more than a decade of fighting

Ae all-male preserve of the

ounted Patrol in Woodside,

equestrienne Sonya Sokolow has _ been

vindicated by a state Court of Appeal

judgment in her favor. In August, the

appellate court ruled that Sokolow's

ACLU-NC attorneys are entitled to

attorney's fees for the lengthy court battle

challenging sex discrimination by the San

Mateo Sheriff's Department.

In 1986, San Mateo Superior Court

ruled that the all-male Mounted Patrol

cannot exclude women from membership

as long as it maintained a "symbiotic"

relationship with the Sheriff's Department.

The superior court, agreeing with

arguments from ACLU-NC cooperating

attomey Leigh Ann _ Huntington of

Morgenstein and Jubelirer, ruled that the

Mounted Patrol's policy and practice of

limiting its membership to men violated

the equal protection guarantees of the

California Constitution and the Fourteenth

Amendment of the U.S. Constitution.

"Apart from her sex, Ms. Sokolow is fully

qualified for membership in the Mounted

Patrol," the court stated.

Close relationship

Prior to the 1986 ruling, the Sheriff's

Department maintained a close relationship

with the Patrol by deputizing all Patrol

members, assigning a salaried Sheriff's

Department employee to supervise training

of members of the Patrol in search-and-

rescue techniques, conducting security

checks on candidates for Patrol member-

ship and calling on the Patrol to assist in

searching for lost persons. Patrol members

wore insignias of the Department on their

uniforms; and the Sheriff was honorary

Commander-in-Chief of the Patrol.

Following the superior court ruling, the

Mounted Patrol decided to sever its ties

with the Sheriff's Department rather than

admit Sokolow - or any other woman -

to membership.

The trial court, however, refused to

award attorney's fees to Sokolow

determining that despite its decision,

Sokolow "did not prevail" as she was not

admitted to the Patrol.

With its August ruling, the appellate

court reversed that decision, determining

that Sokolow was "unequivocally the

prevailing party under both federal and

State _ Statutes. [She] successfully

established that...the Patrol's discrimina-

tory membership policy constituted state

action in violation of the equal protection

clauses of the state and _ federal

Constitutions....

"Even though Sokolow did not achieve

an order forcing the Patrol to admit her,

she did [obtain] severance of the County's

significant involvement with the Patrol as

well as ending the Patrol's informal

`monopoly' on equestrian search and

rescue in the Country and opening up the

opportunity to engage in mounted search

and rescue to any qualified person

regardless of sex," the appeal court

concluded.

Sokolow, an accomplished horsewom-

an who belongs to four equestrian clubs,

was pleased with the ruling. "The County

should have changed its position a long

time ago, but instead it continued to spend

taxpayers money on a so-called private

organization, the Mounted Patrol, and, in

doing so, violated my constitutional rights.

"People should be aware that their tax

dollars were spent in this way - and that

if the County or the Mounted Patrol had

backed down, they could have saved the

taxpayers the legal fees incurred by

challenging their discriminatory policy,"

Sokolow added.

he Human Costs of Employer

` Sanctions, a new report by the

ACLU and the Mexican American

Legal Defense and Education Fund

(MALDEF) on the impact' of the

Immigration Act was released at

simultaneous press conferences around

the country on November 6, the law's

third anniversary.

The 118-page report reveals

discrimination against the Hispanic

community caused by the Immigration

Reform and Control Act (IRCA).

Speaking at the San Francisco press

conference, Manuel Romero, Regional

Counsel of MALDEF, said, "It is clear

that this law is the source of increased

employment discrimination _ against

`foreign-looking' and `foreign-sounding'

people. It is time to realistically assess the

financial and human costs of IRCA. At

the very least, we must work to minimize

its discriminatory effects against Latino

and Asian workers."

Signed into law on November 6, 1986,

IRCA makes it illegal for employers to

hire undocumented workers and

establishes procedures for employers to

verify the work authorizations of all

newly-hired employees. Employers who

fail to properly verify work authorizations

or who knowingly hire undocumented

workers may face fines and _ other

penalties. 7

The Human Costs of Employer

Sanctions documents the experiences of

individuals who have suffered various

kinds of discrimination under employer

sanctions. It contains compelling personal

histories of workers who have suffered

discrimination in hiring, discharge and

conditions of employment because of the

way the law has been implemented. The

case histories were compiled California,

Texas, New York, Chicago, and

Washington, D.C.

Frontline enforcers

"The ACLU and MALDEF opposed

the law when it was first being debated

because it was obvious that a

discriminatory impact was being built into

aclu news

november 1989 5

ACLU, MALDEF Release

- Report on Immigration Act

the system," said ACLU-NC staff counsel

Alan Schlosser. "The law puts employers

on the frontlines of enforcing this complex

law, and yet it failed to put resources into

educating employers and the public about

what the law requires.

"The Immigration and Naturalization

Service (INS) has spent less than $60,000

to educate employers about

discrimination. Rather, the INS continues

to put its energy and zeal into enforcement

- and we have seen an increase in raids

here in San Francisco, in San Rafael, in

San Jose, and the East Bay. The result of

such raids is that employers take up more

discriminatory practices. No wonder 16

percent of all employers admit to

implementing discriminatory practices

since the passage of IRCA. This impacts

the livelihood of a large segment of the

work force," Schlosser added.

Romero noted that the discriminatory

The law has had a discriminatory impact on Latino and Asian workers.

f

he ACLU-NC_ mourns _ the

i untimely death of former Board

of Directors member Judy

Newman who died on October 5.

Newman was praised by ACLU-NC

Executive Director Dorothy Ehrlich as a

"dedicated civil libertarian who had a

lifelong commitment to anti-war,

anti-military and anti-draft work."

A New York native and former

professional ballerina, Newman came to

the ACLU-NC in 1980 through her

anti-draft work. When President Jimmy

Carter announced the resumption of

draft registration, Newman, then the

mother of two teenage sons, helped

found San Francisco Parents and Friends

Against the Draft.

She was also a member of CARD, a

national anti-draft coalition of which the

ACLU was also a member.

Newman became a familiar figure

around the ACLU-NC office as she

worked to educate and mobilize ACLU

.

Judy Newman

members about the civil liberties

violations of draft registration.

Newman's "brainchild" - a postcard |

`

campaign against draft registration -

had a national impact. A full-page ad

"How to Register Against the Draft"

appeared in newspapers across the

country and was distributed through a

nationwide network of anti-draft, civil

liberties, student and parent

organizations during the initial two-week

registration period in 1980. The ad,

which brought a tremendous response,

allowed everybody - of any age, male

or female - to "register against the

draft."

Newman was elected to the Board of

Directors of the ACLU-NC; she chaired

the Anti-Draft Working Group and also

served on the Nominating and Field

Committees. Most recently, she was

active in the Pro-Choice Action

Campaign. She was also Co-chair of the

Board of CCCO, the Central Committee

for Conscientious Objectors, and an

editor of their newsletter The Objector.

Newman leaves her husband, James

Newman, and two adult sons, Eric and

Daniel. :

Lawrence Frank

effects have been felt by people who

should not have been affected by the law,

including U.S. citizens, legal permanent

residents and temporary residents. The

report includes recommendations to the

GAO, which is preparing its third and

final report to Congress on employer

sanctions. If the GAO finds that IRCA has

caused discrimination, Congress may

repeal the law's employer sanctions

provisions.

Specifically, Human Costs of

Employer Sanctions asks the GAO to

conduct' a comprehensive

evaluation of the law, to broadly define

IRCA-related discrimination to include

any discriminatory practices that violate

other federal or state laws, and to consider

all discriminatory practices based on the

9. form to be IRCA-related

discrimination. Ultimately, the report asks

the GAO to conduct further studies if it

cannot determine if "widespread

discrimination" has occurred in 1989.

Increased funding

The report also calls for an increase in

appropriations for the Office of Special

Counsel for Immigration-Related Unfair

Employment Practices, the government

agency charged with investigating and

monitoring charges of IRCA-related

and fair -

employment discrimination. Romero said

that the Special Counsel has only one

office in Washington, D.C., which makes

it difficult to monitor abuses in areas

where they mostly occur, such as Texas

and California.

The report also calls for the

implementation of a comprehensive public

education campaign on IRCA's

nondiscrimination provisions, and the

provision of | work authorization

documents by the INS in a timely and

efficient manner.

Lina Avidan, author of a report on San

Francisco businesses for the Coalition for

Immigrant Rights and Services, said that

"the overwhelming majority of Bay Area

employers have discriminatory practices."

Their study showed that SO percent of

employers in San Francisco feel that the

INS's documentation requirements make

it riskier to hire people who speak limited

English. "A large proportion feel it is

riskier to hire Latinos (40%) and Asians

(39%), Avidan noted.

Cathi Tactaquin of the National

Network for Immigrant and Refugee

Rights announced that, based on the

ACLU/MALDEF report and other studies

with similar findings, the Coalition was

launching a letter writing campaign to

Congress asking for the repeal of the

employer sanctions provisions.

aclu news

november 1989

Images from the

March Against State Killing

The statewide mobilization against

the death penalty, the March Against

State Killing, had carried its message

from Sacramento to Vallejo when the

earthquake struck on October 17.

The marchers. called' off the

remainder of the march (through the

East Bay and San Francisco) but

reunited at the planned vigil in front of

Karen Moise

Bill Feretti

San Quentin Prison on October 22.

Three hundred people gathered for

the vigil, where they had a moment of

silence for the victims of the earthquake

and collected a truckload of food and

blankets for earthquake relief.

Numerous speakers, including Isidro

Gali from American Indians and the

Death Penalty and Leigh Dingerson

from the National Coalition to Abolish

the Death Penalty pictured above,

denounced the U.S. Supreme Court's

recent decisions allowing the execution

of minors and the mentally retarded and

called for renewed efforts to prevent the

resumption of capital punishment in

California.

The March Against State Killing,

which was endorsed by 140

organizations including the ACLU-NC,

-. Set out on October 13 from the steps of

the state Capitol in Sacramento.

Marchers, who included American

Indians and the Death Penalty with

traditional drums, Japanese Buddhist

monks, families of prisoners on Death

Row and families of murder victims,

walked about 15 miles a day through

Davis, Dixon, Vacaville, and Fairfield.

At each stop, they were hosted by local

supporters and held informative rallies

against capital punishment.

The march attracted national

attention and widespread press coverage

A Will to Give to the ACLU

or 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, vigilantes, WWII

internment camps, HUAC, the Free

Speech Movement, Vietnam, civil rights,

the fight for legal abortion, gay rights and

more - the ACLU has pioneers the fight

for individual lliberties.

_ You can do something now to insure

that the ACLU will continue to fight -

and win - ten, twenty, and fifty years

from now, through a simple addition to

your will.

Every year, thoughtful civil libertarians

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 American Civil

-Liberties Union Foundation of Northern

California.

If you need information about writing a

will or want additional information,

consult your attorney or contact Martha

Kegel, Bequests, ACLU Foundation of

Northern California, 1663 Mission

Street, Suite 460, San Francisco 94103.

from ABC and NBC network news,

National Public Radio, Reuters and

other U.S. and international media.

The March was organized by Death

Penalty Focus, a statewide organization

committed to ending the death penalty

in California. For information on

future Death Penalty Focus activities,

please contact them at PO Box 806, San

Francisco, CA 94101 or call 415/255-

$100.

Karen Moise

Bill Feretti

aclu news

november 1989 7

Bill of Rights Day ...

Continued from page |

Lyndon Johnson as the only woman

Commissioner of the newly created United

States Equal Employment Opportunity

Commission. The Commission was

established under Title VII of the historic '

Civil Rights Act of 1964.

President of NOW

In 1971, Hemandez was. elected

President of the National Organization for

Women (NOW). During her tenure, she

helped lead an International Feminist

Planning Conference in Boston which

brought together women from 30 countries

and led to the International Women's Year

Conference in Mexico City almost a

decade later.

A long-time activist for peace,

Hernandez always had an internationalist

perspective. An exchange student in

Norway in 1947, she also traveled

extensively in Latin America in 1960 as a

labor education specialist for trade unions

in Venezuela, Colombia, Chile, Peru,

Argentina, and Uruguay, lecturing in

Spanish and English. In 1975, at the

invitation of the U.S. State Department,

she traveled to Germany for a series of

lectures and conferences on the situation

of minorities in the U.S. A handbook for

high school teachers in Germany now

includes a chapter by Hernandez entitled

"On Being a Black Woman in the United

States." In 1981, she joined a foundation

sponsored Commission to South Africa to

investigate apartheid and its relation to

U.S. policy; the Commission issued a

widely acclaimed report South Africa:

Time Running Out.

Throughout the tapestry of her life,

Hernandez has woven into her work a

deep commitment to civil liberties.

Currently the Vice-Chair of the National

Advisory Council of the national ACLU,

Hernandez was Mistress of Ceremonies

for the first ACLU-NC Bill of Rights Day

Celebration in 1973. She recalls, "I

remember that the naming of the Earl

Warren Award was. not without

controversy, starting a dialogue which was

to culminate ten years later in the joint

awards to Gordon Hirabayashi, Fred

Korematsu and Minoru Yasui.

"Many ACLU members will remember

the eloquence of Edison Uno in expressing

his concern about the role of Earl Warren

in the internment of Japanese - a contrast

with his later role as Chief Justice. The

right of Edison to express his opinion

Voices for Choice

Fran Strauss (1.), Co-chair of the

Student Outreach Committee and

Executive Director Dorothy Ehrlich

were part of the lively ACLU-NC

contingent at the October 15 pro-choice

march and rally in San Francisco.

Over 60,000 people participated in

the largest pro-choice demonstration

ever held in northern California. The

San Francisco march and rally, orga-

nized by NOW and the Bay Area

Pro-Choice Coalition, culminated a

week of reproductive rights victories: a

Congressional vote (later vetoed by

President Bush) to allow Medicaid

funding for abortions for victims of rape

and incest; the Florida Legislature's

rejection of the Governor's proposed

restrictions on abortion; and _ the

California Court of Appeal ruling up-

holding a ban on the law requiring

parental consent for teen abortions.

A Civic Center rally led by spirited

speakers and entertainment invigorated

the enthusiastic crowd who shouted that

there would be "No turning back on a

woman's right to choose." Speakers

included Norma McCorvey, the original

"Roe" in Roe v. Wade, U.S. Representa-

tives Barbara Boxer and Nancy Pelosi,

and two leaders of the ACLU-NC

Pro-Choice Action Campaign, Dick

Grosboll and Ann Daniels.

Business was brisk at the ACLU-NC

table where buttons stating `Another

Card-Carrying ACLU Member for

CHOICE" were sold and demonstrators

signed up to become active in the ACLU

Pro-Choice Action Campaign.

The San Francisco demonstration is

part of a national pro-choice mobiliza-

tion which will hold the Mobilization for

Women's Lives on November 12 in

Washington, D.C. The national

mobilization is being organized by an

unprecedented coalition of women's,

religious, civil rights, labor and health

organizations. National ACLU

Executive Director Ira _ Glasser

announced at a September press

conference that "the 53 affiliates and

275,000 members of the ACLU support

the Mobilization and _ will commit

substantial resources to the effort."

Photo Credit: Totoy Rocamora

caused Mr. Warren to reassess his role

and to make a public declaration that he

believed the internment to be wrong.

"The nation has also recognized the

wrongness of the action and revisiting

Executive Order 9066 has alerted a new

generation of Americans to __ the

importance of our Bill of Rights,"

Hernandez says.

As Chair of the Education Committee

of Death Penalty Focus, the statewide

coalition against capital punishment,

Hernandez has raised her eloquent voice

in the media, in public forums, and on the

recent Sacramento-to-San Quentin march

against the death penalty. "The

forcefulness of her arguments and the

clarity of her commitment has mobilized

many Californians to understand the

injustice of the ultimate punishment," said

ACLU-NC Executive Director Dorothy

Ehrlich.

Now the President of her own urban

consulting firm, Aileen C. Hernandez

Associates based in San _ Francisco,

Hernandez's outstanding leadership in the

fight for racial and social justice continues

to dominate her agenda.

Though she sits on many national and

statewide boards, Hernandez is still the

consummate activist: her days are filled

with business of organizing - phone

calls, meetings, public speaking and - as

in October's massive pro-choice

demonstration - marching with familiar

picket signs and banners.

Keynote Speaker

Keynote speaker Ralph Neas's tenure

as Executive Director of the Leadership

Conference on Civil Rights began almost

simultaneously with the beginning of the

Reagan Administration - and his work

was cut out for him. There has probably

been no more challenging era for those

who defend civil rights.

As coordinator of the efforts of nearly

200 national organizations in the civil

rights coalition with respect to advocacy

before the legislative and executive

branches of the federal government, Neas

has played a major role in the crucial

political struggles of the last decade.

He worked on_ the (c) successful

campaigns to enact the 1982 Voting

Rights Act Extension, the 1988 Civil

Rights Restoration Act granting an

official apology and funds to Japanese

Americans who were interned during

World War II, and the Fair Housing

Amendments Act of 1988. He was also

instrumental in the efforts to defeat the

nomination of William Bradford

Reynolds as Associate Attorney General

in 1985 and the nomination of Robert

Bork to the U.S. Supreme Court in 1987.

Even though Neas_ outlasted the

Reagan Presidency, he still finds himself

fighting the Reagan legacy: he is currently

in the forefront of an effort in Congress to |

pass an omnibus civil rights bill which

will address the major setbacks in

employment discrimination dealt by the

the U.S. Supreme Court during its last

term.

The Bill of Rights Day Celebration

will be held at the Le Meridien Hotel in

San Francisco on Sunday, December

10. The program begins at 4:30 PM

(refreshments and no-host bar at 3:30

PM). Tickets for the event are $12.00

and are available from the ACLU-NC.

Cal 415/621-2493 or send in the coupon

below. :

NOTE: The Le Meridien Hotel is

easily accessible by BART. Take the

Montgomery Street exit.

aclu news

november 1989

`Taking Liberties"

A monthly radio program on civil liberties

Wednesday,

November 29 at

7:00 PM

KPFA 94.1 FM

When Racism Dresses in Speech's

Clothing: Reconciling the First and

Fourteenth Amendments by Stanford

University Law Professor Charles

Lawrence. This provocative presentation

by an eminent legal scholar was taped at

the national ACLU Biennial Conference

in Madison, Wisconsin in June.

"Taking Liberties", a new radio

series on KPFA 94.1 FM explores how

the Bill of Rights affects our everyday

lives.

The monthly program, hosted by

ACLU-NC Public Information Director

Elaine Elinson, includes expert guests on

drug testing, English Only laws,

reproductive rights, the rise in racism on

campuses, school censorship and other

cutting edge civil liberties questions. It

also features a special section with civil

liberties news updates and information

on how listeners can make their voices

heard on crucial civil liberties issues.

Tune your radio dial to "Taking

Liberties"!

ACLU Activists Reach

Out to Students

receiving an extra dose of civil

liberties with their education this

year, thanks to the efforts of the newly

organized Student Outreach Committee of

the ACLU-NC.

Targeted as a priority by the Field

Committee, the Student Outreach

Committee launched its work at the

ACLU-NC Annual Conference in August

with a workshop, led by Mary Gill of the

S tudents in northern California are

constitutional

Davis added.

late thought, provoke discussion,

above all, to educate. Our purpose is to

examine liberty," Davis said.

work on

Sacramento, North Peninsula, Sonoma,

San Francisco and Marin, has already sent

out over 150 letters to educators asking

them to invite an ACLU speaker into their

issues," Co-Chair Harry

"Our purpose is to stimu-

and

The Committee, which is focusing its

schools in the East Bay,

classrooms. The program will

BY MEYER FOR THE DAN FRANCISCO) HRONIC E

expand to other ACLU-NC

Chapter areas in the next year.

A speaker training session

will be held on November 18 at

the ACLU-NC office in San

Francisco (see Field Program

Calendar, p. 8). The training will

be led by former ACLU-NC

Board member Bernice Biggs of

San Francisco State University,

with presentations by Chapter

leaders who have already

launched the high - school

speaking program in their areas.

Speakers and their student

audiences will be armed with a

new booklet just published by the

Sacramento Chapter and Steve Fabian of

the Sonoma Chapter, on how to speak to

students on civil liberties.

"As we near the Bicentennial of the

Bill of Rights, the ACLU-NC's student

Outreach program will help familiarize

high school students. with their basic

document of our republic - and their

constitutional _ rights," explained

Committee Co-Chair Fran Strauss.

"Our roster of speakers is composed of

teachers, lawyers, and other ACLU

members, all volunteers who are willing

and able to make classroom presentations

on the historical framework of the Bill of

Rights, the Constitution and current

welcomes

students and teachers of all grade levels.

If you would like to participate, or

would like an ACLU-NC speaker in

your classroom, please contact Michael

Alderson at the ACLU-NC, 415/621-

2493.

the ACLU-NC entitled "Kids

Have Rights Too...But What Are They?"

The booklet, written in an easy-to-read

question and answer format by staff

attorney Alan Schlosser

Information

addresses topics ranging from censorship

to locker searches, and from school prayer

to abortion rights for teenagers.

and Public

Director Elaine Elinson,

The Student Outreach Committee

new members, especially

Field Program Monthly

Meetings

Chapter |

Meetings

(Chapter meetings are open to all interested

members. Contact the chapter activist listed

for your area.)

B-A-R-K (Berkeley - Albany - Richmond -

Kensington) Chapter Meeting: (Usually

fourth Thursday) Members are encouraged to

join the Chapter Board, help staff the hotline,

and organize activities in the Berkeley area.

Contact Tom Sarbaugh 415/848-6267 (day)

or Florence Piliavin 415/848-5195 (eve.).

Earl Warren (Oakland/Alameda County)

Chapter Meeting: (Usually - second

Wednesday) Attend urgent Strategy Session

for improving the Oakland Citizen's

Complaint Board with ACLU-NC Police

Practices Project Director, John Crew, on

Tuesday, November 7th, 7:30 p.m.. Regular

Chapter meeting November 8th. December

meeting to be -determined. Contact Abe

Feinberg, 415/451-1122.

Fresno Chapter Meeting: (Usually third

Monday) Attention Fresno-area_ members:

The Fresno Chapter has a new hotline num-

ber, 209/225-7380, and a new meeting date,

now the third Monday. New members always

welcome! For more information, please con-

`tact Mindy Rose, 209/486-7735.

Gay Rights Chapter Meeting: (Now first

Thursday, but watch for possible change in

January) Meet Thursday, December 7, 7:00

p.m. at the ACLU-NC office, 1663 Mission

Street, Suite 460, San Francisco. Look for the

Chapter Table at the ACLU-NC Bill of

Rights Day Celebration, Sunday, December

10, Le Meridien Hotel. Volunteers needed for

Bill of Rights Campaign fundraising by

phone, date to be determined. Please contact

Mark Hartman if you can help, 548-6447.

For further information, Contact Doug

Warner, 415/621-3900

Marin County Chapter Meeting: (Usually

third Monday) Meet November 20 and

December 18, 7:30 p.m., at RoundTable

Pizza, Strawberry Shopping Center, Mill

Valley. New members always welcome.

Volunteers needed for the Bill of Rights

Campaign fundraising by phone' on

November 15, call Deborah Doctor for de-

tails at 331-6213. For general information,

contact Jerry Ellersdorfer, 383-1074.

Mid-Peninsula (Palo Alto area) Chapter

Meeting: (Usually fourth Wednesday) Meet

Wednesday, November 22, 8:00 pm, All

Saints Episcopal Church, 555 Waverly,

Room 15, Palo Alto, for installation of new

Board. For more information, contact Harry

Anisgard, 415/856-9186 or Leona Billings,

415/326-0926.

Monterey Chapter Meeting: (First Tuesday

of the month) Meet Tuesday, December 5,

7:30 p.m., Monterey Library, Pacific and

Jefferson Streets, Monterey. Annual meeting

to be scheduled. For information, contact

Richard Criley, 408/624-7562.

Mt. Diablo (Contra Costa County)

Chapter Meeting: Meet November 30. Save

the date: December 14 Potluck Dinner 6:30

p.m. For meeting place and more informa-

tion, contact Mildred Starkie, 934-0557.

North Peninsula (San Mateo area)

Chapter Meeting: (Usually third Monday)

Meet November 20, 7:30 p.m. Bank of

America, Third and El] Camino, San Mateo.

Contact Emily Skolnick, 340-9834.

Sacramento Valley Chapter Meeting:

(Usually second Wednesday) There will be

no December meeting. January meeting to be

determined. For Information, contact Joe

Gunterman, 916/447-8053.

San Francisco Chapter Meeting: (Usually

fourth Monday) Meet November 27, 6:00

p-m., ACLU office, 1663 Mission Street,

Suite 460, San Francisco. No December

meeting. Contact Marion Standish, 415/863-

320)

Santa Clara Valley Chapter Meeting:

(Meeting days to be determined) All ACLU

members in the Santa Clara Valley area are

encouraged to attend! For date and time, con-

tact Christine Beraldo, 408/554-9478.

Santa Cruz County Chapter Meeting:

(Now fourth Monday) There will be no

November meeting. December meeting date

to be determined. Watch for announcement

of our January meeting with guest speaker

Jessica Mitford. 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.

Shasta County Organizing Committee: A

new ACLU-NC Chapter is forming.

November and December meeting dates to be

determined. All interested members in the

Shasta County area are invited to attend, call

for date and time. For more information,

contact: 916/241-7725.

Sonoma County Chapter Meeting: (Third

Thursday of the month) November 16, 7:30

p-m., Roseland Community Law Office,

1680 Sebastopol Road, Santa Rosa. Save the

date: Annual Meeting Dinner, January 19.

All members welcome. Contact Judy

McCann, 707/829-5668.

Yolo County Chapter Meeting: (Third

Thursday of the month) Meet Thursday,

November 16. For more information, con-

tact Doug Powers, 916/756-8274.

Field

Committee

Meetings

(All Field Committee Meetings listed below

will be held at the ACLU-NC Office, 1663

Mission Street, #460, San Francisco. Please

RSVP for all meetings at least one day before

the meeting is scheduled. To RSVP, or for

more information, contact Michael Alderson

415/621-2493.)

Student Outreach Committee: (Usually

third Saturday) Speakers Training with

Bernice Biggs on November 18, from 10

a.m. to 12 noon. Attention Teachers: We

need the participation of teachers (all grade

levels, all kinds of schools) in the ACLU

Student Outreach Committee. Please come to

a meeting, or call Michael Alderson at the

ACLU-NC office for more information.

Pro-Choice Action Campaign: (Usually

third Tuesday) Meet Tuesday, November 21,

6:00 p.m. to 8:00 p.m. Save the date:

January 22, 1990! We will be discussing

plans to commemorate the anniversary of

Roe v. Wade with a day of activities in

Sacramento.

Death Penalty Action Campaign: (Usually

third Saturday of alternating months) Meet

Saturday, November 18, 12:00 noon to 1:30

p-m. Evaluate the March Against State

Killing and discuss plans for future lobbying

and legislative action.

Field Committee: The next general meeting

of the Field Committee is January 11 (1990),

6 p.m. at the ACLU-NC office.