vol. 53 (1989), no. 1

aclu news

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Volume LIII

| see EST 1989

No. 1

INS Raids Trial Opens

n January 3, more than six years af-

QO: Immigration and Naturalization

Service agents swept through facto-

ries, farms and offices in northern Califor-

nia as part of a nationwide campaign called

Project Jobs, a trial began in U.S. District

Court challenging the legality of such

raids. Judge Robert Aguilar will preside

over the trial which is expected to last sev-

eral months.

The lawsuit, Pearl Meadows Mushroom

Farm vy. Nelson, was originally filed in

1982 charging that the INS violated the

constitutional rights of employees and em-

ployers during Project Jobs and subsequent

raids.

On behalf of five employers and hun-

dreds of workers of Hispanic origin in

northern California, the suit is being tried

by attorneys from the ACLU-NC, the Em-

ployment Law Center of the Legal Aid So-

ciety of San Francisco (ELC), the Mexican

American Legal Defense and Education

Fund (MALDEF), California Rural Legal

Assistance (CRLA) and Orrick, Herrington

Sutcliffe. The plaintiffs are introducing

over 100 witnesses, including workers who

will speak about their detention, arrest, ra-

cial harassment, and the use of excessive

force by INS agents.

Innocent Workers

In an opening statement, ELC attorney

John True said, "During Project Jobs, thou-

sands of innocent working people were

treated in blatant disregard for their consti-

Workers at 44 farms and factories in Northern California were subjected to verbal

and physical abuse-by INS agents during a series of immigration raids.

tutional rights. These were people - many

of them Americans - whose only fault

may have been to be in the wrong place, to

be doing the wrong kind of work, to be

wearing the wrong kind of clothes, to speak

the wrong language, or to be the wrong col-

or."

Over 100 individuals will provide eye-

witness accounts of the sequence of events

that took place in northern California. The

testimony will demonstrate that the INS en-

tered worksites without the owner's con-

sent and without proper warrants, that they

engages in what one witness terms "gesta-

po-like" tactics when questioning and ar-

resting workers and that they singled out

only Hispanic looking individuals, includ-

ing citizens and lawful resident aliens.

According to ACLU-NC staff attorney

Alan Schlosser, "In 1985, the court issued a

Continued on p.7

Victory in Book Ban Case

schools, the California Court of Ap-

peal ruled on November 18 in an

ACLU lawsuit that the Anderson Union

High School District cannot ban the books

of Pulitzer Prize winning author Richard

Brautigan from the library or classrooms of

the local high school.

In a 28-page unanimous decision, the

court stated, "[B]ook banning is the arche-

typical symbol of repression of free

speech." The unpublished opinion stated

that the school board lacked any statutory

authority to remove the books from the li-

brary or classroom use.

The lawsuit, Wexner v. Anderson Union

High School District, originated in 1978 (it

was the longest running ACLU-NC case on

the docket) when the school board voted to

remove five Brautigan works from the

school library after a committee of school

administrators reported them to be unac-

ceptable to the local community.

Developmental reading teacher V.I.

Wexner, who was using the books in his

classes, along with another teacher, three

I na major victory against censorship in

students and a publisher of the books chal-

lenged the validity of the Board's action.

Wexner noted that his course, which

was elective, aimed to develop students'

reading skills and to increase their interest

in and enjoyment of reading. Students were

free to choose their own reading materials

from a variety of sources; he informed the

students that they should discontinue any

book they found distasteful, embarrassing,

offensive or boring.

Trout Fishing in America

Among the materials Wexner offered

his students, were seven books by Brauti-

gan. One of the books removed by the

Board, Trout Fishing in America, is recom-

mended by the National Council of Teach-

ers of English.

Of 128 high school librarians who an-

swered a survey on the Brautigan books at

issue, 64 reported their libraries contained

one or more of these works.

Wexner and the censorship opponents

were represented by ACLU-NC cooperat-

ing attorneys Ann Brick and Elizabeth

Salveson of Howard, Rice, Nemerovski,

Canady, Robertson and Falk and ACLU-NC

staff attorney Margaret Crosby.

According to Brick, "I don't think it is

trite to say that our children are our future

and that our future would be pretty grim un-

less they are taught to think for themselves.

In essence, that's what this lawsuit was

about: giving high school students the op-

portunity to explore the marketplace of ide-

as that a school library represents.

`Anderson Union High School District

is very lucky that it had teachers and stu-

dents who cared enough to fight the censor-

ship that would have deprived the students

of that opportunity," Brick added.

Timeline

April, 1982: As a week of nationwide

INS raids called "Project Jobs" drew to

a close, a coalition of public interest

law groups including the ACLU-NC,

the Employment Law Center, Califor-

nia Rural Legal Assistance and the

Mexican American Defense and Educa-

tion Fund filed a lawsuit charging INS

agents violated the constitutional rights

of workers and employers.

September, 1982: U.S. District Court

Judge Robert Aguilar, issued a prelimi-

nary injunction against the INS for re-

taliating against two of the plaintiffs by

raiding their workplaces. :

December, 1983: The Court certified

plaintiffs as the class representatives of

all persons of Hispanic or other Latin

American ancestry who live or work in

northern California and may be subject

to INS raids.

October, 1985: The Court granted a

further preliminary injunction which

the INS appealed to the Ninth Circuit

Court of Appeals.

September, 1986: The Court of Ap-

peals upheld, with certain modifica-

tions, the original preliminary injunc-

tion.

November, 1987: Judge Aguilar grant-

ed the plaintiffs' motion for a partial

summary judgment striking down the

use of "open-ended" warrants.

February, 1988: An attempt to settle

the dispute failed and trial was set for

January, 1989.

January, 1989: The trial, which is ex-

pected to last for several months,

opened in U. S. District Court in San

Jose. =

A 7

In 1983, the trial court ordered that the

books could not be removed from the li-

brary, but allowed a bar on the classroom

use of the books and a prior parental con-

sent requirement. Both sides appealed the

judgment.

The Court noted that the California Leg-

Continued on page 8

-aclu news

jan./feb. 1989

ACLU Launches Death

he Attorney General predicts that

executions may soon retum to Cali-

fornia. The ACLU, a longtime op-

ponent of capital punishment, is fighting

back by launching the Death Penalty Pro-

ject, directed by attorney Michael Laurence.

Currently, 221 people are condemned to

die in California. This is the third highest

number in the country, exceeded only by

Texas and Florida. No one has been execut-

ed in California in over since 1967, but in

1986 death penalty supporters were a major

and vocal force for the ouster of Chief Jus-

tice Rose Bird and Justices Cruz Reynoso

and Joseph Grodin from the state Supreme

Court. The current court, with a majority of

Deukmejian appontees, has affirmed 45

cases in the past year - among the highest

affirmance rate in the country - and seems

less likely to overturn death sentences in the

future.

ACLU-NC executive director Dorothy

Ehrlich explained the impetus behind the

new Project. "The ACLU has long held that

a state-sanctioned execution is one of the

most serious violations of civil liberties and

human rights. We have fought capital pun-

ishment through litigation, lobbying and

public education on a state

and national level.

"The ACLU-NC Death

Penalty Project will give us

an opportunity at this cru-

cial time to intervene in

key death penalty litigation

and help create a public fo-

rum of opposition to capi-

tal punishment," Ehrlich

added.

Spearheading the new

Project is Michael Laur-

ence, an experienced death

penalty attorney who be-

gan work in October. Laur-

ence comes to the position

from the California Appel-

late Project, where he

Penalty Project

Project Director Michael Laurence.

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served as a consultant in death penalty ap-

peals to the state Supreme Court and wrote

legal articles on the death penalty. Laurence

also handled death penalty appeals in his

private practice in the California and federal

courts.

Laurence has a long history with the

ACLU-NC. A former legal intern, Laurence

was also on the Board of the Yolo County

Chapter of the ACLU-NC from 1983 to

1985, and in 1984 served as the Chapter's

representative to the aftiliate Board of Di-

rectors.

Direct representation

Laurence plans to provide direct legal

representation to thse sentenced to death

and provide assistance to other attorneys in-

volved in capital litigation

Another of his key duties will be as a

spokesperson on death penalty legal issues.

"As one who works every day to prevent

the legally sanctioned taking of human

lives, Laurence has a full knowledge of the

law and the threat of the return of capital

punishment in California," Ehrlich said.

In addition, Laurence will direct a state-

wide campaign against the death penalty.

The campaign will involve both public edu-

cation and lobbying efforts.

"California is shaping up as a battle-

ground for the death penalty," said Laur-

ence. "Our Project will operate on many

fronts to try to halt executions in this state."

A graduate of the Law School of the

University of California at Davis, Laurence

clerked for Judge Warren J. Ferguson of the

U.S. Ninth Circuit Court of Appeals.

Laurence has held fellowships at the

Earl Warren Legal Institute of U.C. Berke-

ley Law School and the state attorney gen-

eral's Criminal Justice Fellowship Program.

He also served as a legal intern for the Mex-

ican American Legal Defense and Educa-

tion Fund.

Socialist Action Contributors' Fight

he ACLU-NC filed a lawsuit on

January 19 in UV. S. District Court

on behalf of Socialist Action, a

small political party headquartered in San

Francisco, demanding that the party not be

required to disclose the names of its cam-

paign contributors.

According to ACLU-NC cooperating

attorney Mark White who is litigating the

_ case along with cooperating attorney Anna

Rossi and ACLU-NC staff counsel Alan

Schlosser, "Because of its origins, size, po-

litical aims and activities, Socialist Action

and its members have a genuine and rea-

sonably grounded fear that party members

and contributors would suffer threats, ha-

rassment and reprisals if their identities

were to be publicly disclosed."

Socialist Action was formed in 1983

when its original members left the Socialist

Workers Party (SWP) after a dispute over

political goals. In an earlier lawsuit, it was

proven that the SWP and its members were

subjected to FBI infiltration, surveillance

and harassment for many years. Since

1984, Socialist Action has run candidates in

various local elections; in November 1988 :

plaintiff Joseph Ryan ran for the Board of

Supervisors, gaining 1% of the vote and

plaintiff Sylvia Weinstein ran for the Board

of Education, gaining 3% of the vote.

California's Political Reform Act of

1974 requires that controlled campaign

committees of candidates for local elective

office file disclosure statements with the lo-

cal registrar of voters which identify all

persons who make financial contributions

of over $100. The required information in-

cludes the contributor's full name, address,

occupation, and employer.

Exemption

However, the campaign committees of

Socialist Action have declined to provide

this information based on the understanding

that they have a right of exemption under

the First Amendment of the Constitution as

decided by the U.S. Supreme Court in the

1982 case of Brown yv. Socialist Workers

'74 Campaign Committee (Ohio).

The party withheld the disclosure infor-

mation in elections spanning several years

and the withholding was never questioned

or challenged.

Just prior to the 1988 election, however,

the San Francisco District Attorney de-

manded the contributors' information from

plaintiff Joni Jacobs, treasurer of the Ryan

and Weinstein Campaign Committee. De-

spite a written request for exemption from

Jacobs, the District Attorney threatened

criminal prosecution against Jacobs, Ryan

and Weinstein if they did not comply.

According to Ryan, "The effect of the

DA holding over us the threat of prosecu-

tion can only have a dampening effect on

the ability of small parties - including so-

cialist, black or labor parties, for example

- to function effectively.

"Many people who would contribute to

such parties would be deterred from doing

so for fear of harassment or reprisals.

"We do not hide our ideas or what we

stand for. Our intent is to protect the First

Amendment rights of those who contribute

to our campaigns," Ryan said.

The suit charges that Socialist Action

members and contributors have good rea-

son to fear reprisal. According to attorney

Rossi, "Not only is there a public record of

official harassment and persecution waged

against the SWP (including individuals

who are now in Socialist Action) by law

enforcement agencies, there is also evi-

dence that the FBI and the San Francisco -

Police Department surveilled and harassed

many socialist and dissident political or-

ganizations with whom Socialist Action has

formed political coalitions in this city.

"In addition, there have been repeated

instances of private hostility and harass-

ment experienced by Socialist Action mem-

bers, including assaults and death threats,"

Rossi said.

History of Spying

Plaintiff Weinstein was a member of the

SWP from 1944 until 1983, when she

helped found Socialist Action.

"In all the movements I have been in-

volved in, from Fair Play for Cuba, to the

anti-war movement to the women's move-

ment, I have been harassed by the FBI,"

Weinstein said.

"They came to jobs that I was on and

tried to question me, they came to my home

and in very loud voice said 'This is the

FBI' - all my neighbors in the building

knew about it-, the janitor told me they

even looked through my garbage.

"They even spied on meetings of the

women's movement that we held in Glide

Memorial Church in 1969 and 1970.

"So my experience has been that they

have been involved with spying on me per-

sonally and that they have not stopped any

of this at all," Weinstein charged.

The lawsuit asks the court to declare |

that the reporting requirements of the Polit-

ical Reform Act are unconstitutional as ap-

plied to the plaintiffs. It also seeks a Tem-

porary Restraining Order and an injunction

preventing the Registrar of Voters from re-

quiring disclosure of Socialist Action con-

tributors and preventing the District Attor-.

ney from commencing any criminal

prosecution or civil enforcement action

against the party: for either past or future

refusal to disclose the names of its cam-

paign contributors.

`aclu news

8 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

jan./feb. 1989 3

Bill of Rights Celebration

Rosa Parks "We Will be Free"'

ver a thousand people jammed the

QO Grand Ballroom of the Sheraton

Palace Hotel in San Francisco on

December 11 for a chance to hear Rosa

Parks, the legendary civil rights pioneer.

Parks receive the sixteenth annual Earl

Warren Civil Liberties Award from the

ACLU-NC at the Bill of Rights Day Cele-

bration.

The Celebration, which is the culmina-

tion of the ACLU-NC fundraising cam-

paigns, also featured national ACLU Legal

Director john powell as the keynote speak-

er and the presentation of the Lola Hanzel

Courageous Advocacy Award to Mt. Dia-

blo Chapter volunteer Helen Grinstead (see

sidebar).

Coming on the heels of the presidential

elections which had been characterized by

Bush attacks on the ACLU, the ACLU-NC

annual report, presented by Executive Di-

rector Dorothy Ehrlich was of intense inter-

est to the crowd of civil liberties support-

ers.

"In the short term," Ehrlich noted, "we

can thank George Bush for being the great-

est single recruiter for the ACLU. But we

must be wary of an administration that will

make the exercise of constitutional rights

un-American."

Noting that "the defense of civil liber-

ties cannot depend on popularity polls or

those in power," Ehrlich lauded previous

Earl Warren Award honorees Fred Kore-

matsu and Richard Criley who were at the

Celebration and Rosa Parks "who did not

ask how it would look on her resume when

she refused to give up her seat on a Mont-

gomery bus to a white passenger."

Ehrlich also named some of the diffi-

cult civil liberties challenges that lie ahead

- resumption of executions, police abuse,

and AIDS - but stated, "this year, I have

been particularly proud to work for the

ACLU."

True Democracy

Keynote speaker powell opened his ad-

dress with a moving tribute to Rosa Parks.

"In the immediate term and in the long

term, I would not be here today if it were

not for Rosa Parks. When we examine our

past and our future, we see that what we

are talking about is whether this country

The event drew an overflow crowd of ACLU members and supporters who wanted

to pay tribute to the civil rights pioneer.

ACLU-NC Chair H. Lee Halterman presents Earl Warren Civil Liberties Award to Rosa

Parks.

call and stood up for human dignity."

will dismiss or embrace being a truly dem-

ocratic society," powell said.

Citing the "checkered history of democ-

racy, liberty and equality" in the United

States, powell said that "although this

country was born with equality on its lips,

it took 100 years for equality to be en-

shrined in the Constitution. And even be-

fore the ink had dried, the courts moved to

renege on that promise. With the decision

in Plessy v. Ferguson, this country existed

as two nations - separate and unequal.

"When Linda Brown decided that she

would not attend a segregated school and

Rosa Parks decided that she would not

"make it light on herself', things happened

to change the whole country.

"We have made progress, but we can't

be too satisfied," powell said, "because the

courts and the nation have not yet defined

equality that can give it real substance. As

we do our work, we have to know that

equality means more than formal equality,

and we too, should not `make it light on

ourselves.'"

The tribute to Rosa Parks began with an

introduction by ACLU-NC Chair H. Lee

Halterman who said that Parks "heard the

Totoy Rocamora

Ss :

a So and

Totoy Rocamora

Eyes on the Prize

Halterman's words were echoed

with a moving video excerpt of "Eyes

on the Prize," produced by Henry

Hampton, which chronicled the early

_ days of the civil rights movement.

With television footage of the 1955

Montgomery Bus Boycott and inter-

views with civil rights activists, the

footage was a vivid reminder of the in-

tense and often brutal struggles to

eradicate Jim Crow which took place

only 30 years ago.

Haunting a capella renditions of

civil rights classics like Oh, Freedom,

Ain't Gonna Let Nobody Turn Me

"Round, and We Shall Not Be Moved

from MotherStone brought many to

tears.

And when honoree Rosa Parks

stood to receive her award from Hal-

terman, the whole audience rose with

her in admiration and tribute.

Continued on p. 6

Helen Grinstead Honored

Helen Grinstead may be the only per-

son to win both the Lola Hanzel Coura-

geous Advocacy Award from the ACLU-

NC and First Prize for Knitting from the

California State Fair. Grinstead is no ordi-

nary knitter - the money she earns from

the sale of her gorgeous sweaters goes to

the Friends Committee on Legislation to

help fight for prison reform and alterna-

tives to incarceration.

And she is no ordinary civil

liberties advocate either.

For more than a decade, Grin-

stead has been the "Telephone

Chairperson" of the ACLU-NC

Mt. Diablo Chapter, which covers

Contra Costa County. In that ca-

pacity, she runs the Chapter com-

plaint line - receiving all the

calls from people who feel their

civil rights have been violated. '

ACLU-NC Executive Director

Dorothy Ehrlich, who presented !

the award to Grinstead at the Bill

of Rights Day Celebration, said

that in honoring Grinstead, "`the

; ee

Executive Director Dorothy Ehrlich awarded

Helen Grinstead for her outstanding contribu-

tions as an ACLU volunteer.

anyway. I reported that call to the attor-

neys," Grinstead said, "and the ACLU filed

a lawsuit which resulted both in monetary

damages for the woman and a change in

search procedures at the jail.

"But the first thing I asked her," Grin-

stead said, is `Are you alright?'"

Grinstead was also the person who

fielded the call from a Livermore High

ACLU pays tribute to the many, many vol-

unteers who serve as the backbone of the

organization.

"Grinstead," Ehrlich noted, "is an ex-

emplary civil liberties advocate, providing

information and resources to over 30 call-

ers a month on the complaint line."

As she accepted the award, Grinstead

acknowledged the contributions of Lola

Hanzel, the volunteer for whom the award

is named who died in 1980 after serving

more than a decade with the ACLU-NC

Complaint Desk. Grinstead recalled that

Hanzel had trained and inspired her when

she first was recruited to the telephone hot-

line.

"Tonce got a call from a woman who

was five months pregnant who was told she

would have to be strip searched when she

went to visit her husband at the Martinez

City Jail. When she said she would rather

leave the premises, she was strip searched

School senior who objected to a prayer be-

ing said at her graduation ceremony. That

call eventually led to an lawsuit and a court

ruling which now prohibits graduation

prayers at schools throughout the state.

In the wake of the attacks by George

Bush, Grinstead has been getting calls from

people wanting to know how to join the

ACLU.

In addition to her civil liberties advoca-

cy, Grinstead, a graduate of the University

of Pennsylvania, also serves as a volunteer

teacher of natural history at the Oakland

Museum and the Lindsay Museum in Wal-

nut Creek. She and her husband of 39 years

have three children and one grandchild.

Of her long history of activism, she

says, "I don't mind doing the telephone

work, and it certainly hasn't been a burden.

I have a long list of resources and every

now and then, I feel I am really helping

somebody."

`aclu news

jan./feb. 1989

AIDS

AB 2319 (Bronzan), AB 1007 (Doolittle)

- Sentencing

Both measures require the court to con-

duct HIV tests on persons convicted of sol-

iciting or engaging in prostitution. Requires

those persons to receive AIDS education.

Creates a felony if a person is convicted a

second time and was HIV-positive on the

first conviction. SB 1007 also enhances a

sentence by 3 years if a person is convicted

of specific sex crimes knowing that he or

she is seropositive.

ACLU: Opposed both bills

Status: Governor signed SB 1007 and

vetoed AB 2319.

AB 2950 (Roos) - Counseling

Requires pre- and post-test counseling

to be provided attendant to HIV testing.

Requires face-to-face notification unless

the Department of Health Services ap-

proves another method based on clinical re-

search. |

ACLU: Supported

Status: Governor vetoed.

AB 3255 (Jones) - AIDS testing

Permits disclosure without consent of

the tested person to members of the direct

care health team. Permits physicians to test

after receiving informed consent, rather

than written consent.

ACLU: Opposed

Status: Signed by the Governor.

AB 3305 (Johnston), AB 2900 (Johnston)

- Insurance testing

AB 3305 permits HIV testing for pur-

poses of determining eligibility for life in-

surance. Prohibits reporting of test result to

other companies or databanks. AB 2900

permits health insurers to test applicants for

individual policies.

ACLU: Opposed both measures

1988 Legisla

Dateline: S

Status: AB 3305 was signed by the Gov-

ernor; AB 2900 failed passage in the

Senate Health Committee.

AB 3795 (Vasconcellos) - AIDS Dis-

crimination

This bill would prohibit, under the Fair

Employment and Housing Act, discrimina-

tion against HIV-positive asymptomatic

persons.

ACLU: Supported

Status: Governor vetoed.

AB 4306 (Friedman) - HIV Tests: Dis-

cf

by Francisco Lobaco

ACLU Legislative Advocate

Highly-publicized political events

dominated the agenda of our law-

makers. The 1988 Session began with a

group of dissident Democrats - known

as the Gang of Five - joining with the

Republicans in efforts to challenge the

leadership of Speaker of the House Willie

Brown. This partnership agreement

reached its peak in early April with the

coalition circumventing the Committee

process and having amendments approv-

ing wiretapping adopted on the Assembly

floor. The year ended with the disclosure

of an FBI investigation of suspected cor-

ruption of several members of the Legis-

lature casting a dark cloud over the Capi-

tol.

Sandwiched in between the political

infighting, civil rights and civil liberties

suffered some major setbacks, with only

occasional victories. The passage of the

wiretap bill, SB 1499 (Presley), authoriz-

ing wiretapping of telephone lines of sus-

pected drug dealers, was one of the princi-

pal setbacks for civil liberties. For over 15

years, the ACLU has opposed efforts to

adopt wiretapping because it violates the

privacy rights of the person under suspi-

cion as well as countless other callers.

Public attention on gang violence and

illegal drug use resulted in numerous rep-

ressive legislative proposals, Measures

ranging from substantial sentence increas-

es for drug sales to criminalization of

gang membership were easily adopted.

Additionally, AB 4162 (Katz) amended

California's drug-related forfeiture law to

permit the seizure of property without the

requirement of an underlying criminal

conviction.

I t was a wild year in Sacramento.

Death Penalty

The Legislature's desire to expand the

death penalty led to eight separate meas-

ures being proposed. Previous successful

efforts by the ACLU and others to stall

these measures in Committee were

thwarted this year in the Assembly. Legis-

lators supporting the death penalty were

able to form a majority and force floor

votes.

Fortunately, opponents were able to

stall these measures and prevent any death

penalty bill from reaching the Governor's

desk - the last bill being defeated at 4:49

The Year in Review

AM on the last day of the Session.

Censorship

The censorship crusade was also revi-

talized in this election year. The intent of

SB 5 (Deddeh) was to broaden the defini-

tion of obscenity and facilitate the prosecu-

tion of pornography. Strong opposition

from a broad coalition of First Amendment

advocates defeated one of the most danger-

ous amendments of the bill - the attempt

to apply community standards instead of

statewide standards in determining what is

legally obscene.

Notwithstanding, the measure which

was finally passed by the Legislature and

signed by the Governor will impose a fur-

ther chilling effect on creative output in the

State.

Abortion Funding

This year the momentum in the state

budget battle for full Medi-Cal abortion

funding for poor women shifted in favor of

pro-choice forces. Initial attempts to adopt

restrictive budget amendments were defeat-

ed. Unfortunately, pro-choice advocates

lost the annual abortion funding fights by

only one vote in the Senate. The extremely

close vote reflected the results of a two-

year strategy among pro-choice advocates

of combining grassroots action and state-

wide coalition building. It is hoped that a

legislative victory will be possible in the

near future.

For the eleventh straight year, the

ACLU-NC brought a legal challenge to the

Legislature's restrictions on Medi-Cal

funded abortions. The Court of Appeals

once again issued an injunction prohibiting

enforcement of the restrictions.

Health Care Access

Access to health care is another press-

ing economic issue, particularly as it af-

fects pregnant women and children. Recent

studies have demonstrated the serious con-

sequences of lack of health care for preg-

nant women and young children. In re-

sponse to this growing crisis, a package of

bills was introduced seeking to provide a

universal program of pre-natal care for

pregnant women, and well-child care for

all children 5 years old and under.

From the numerous ideas offered for

legislative debate, the one proposal which

received bipartisan support and was signed

by the Governor was to increase the Medi-

_ and health care groups, the ACLU was

- bationer under certain circumstances, SB

~

Cal eligibility level up to 185% of the

poverty level for women for prenatal and

delivery care.

AIDS

The 1988 Session saw the introduc-

tion of over 130 AIDS-related bills. A

large percentage of these measures were

detrimental to civil liberties interests and

counterproductive to stopping the spread

of AIDS. In coordination with gay rights

successful in stopping many repressive

measures and inserting protective amend-

ments in others, while guiding positive

bills through legislative hurdles.

Numerous bills were introduced man-

dating involuntary testing for the AIDS

virus for different population groups. De-

spite well reasoned arguments that invol-

untary testing is violative of civil liber-

ties and serves no health purpose, the

Legislature approved measures requiring

testing of persons convicted of prostitu-

tion, SB 1007 (Doolittle); persons

charged with certain sex crimes, SB 2643

(Hart); and of an inmate, parolee, or pro-

1913 (Presley). The Governor signed

these measures into law.

Two important AIDS-related meas-

ures that were strongly supported by the

ACLU did not fare as well with Govern-

or Deukmejian. The Legislature passed

AB 3795 (Vasconcellos) which would

have prohibited discrimination against a

person based on HIV positivity under the

Fair Employment and Housing Act. It

also approved AB 2950 (Roos) which

would require all persons or entities

which offer or administer HIV testing to

provide the subject face-to-face pre- and

post-test counseling. Governor Deukme-

jian vetoed both measures.

Student Searches

On a final and very positive note, the

student strip search bill sponsored by the

ACLU was passed and signed by the

Governor. AB 2496 (Friedman) prohibits

school employees from conducting body

cavity searches and strip searches of stu-

dents. The ACLU has received numerous

complaints from students over the last

few years concerning strip searches con-

ducted by school officials. This legisla-

tion will finally outlaw this violative and

humiliating practice.

closures/Discrimination

- Would permit a health care provider to

disclose test results to other health care

workers who provide direct care and treat-

ment to test subject. Prohibits a health care

provider from denying services based on an

HIV test result unless the provider makes

an appropriate referral to another provider

who agrees to accept the patient.

ACLU: Supported

Status: Governor vetoed.

SB 1002 (Doolittle, et al.) Blood dona-

tions

Creates a felony if a person donates

blood knowing that he or she has AIDS or

is seropositive. Exempts donors who self-

defer or make donations for their own use.

Requires blood banks to diligently inform

donors in a manner that they will under-

stand that they can self-defer and that do- _

nating with the knowledge of seropositivity

is a felony.

ACLU: Opposed

Status: Signed by the Governor.

SB 1913 (Presley) - Prisoners

Permits nonconsensual testing of an in-

mate of a state or local correctional institu-

tion, a person charged with a crime or a

parolee or probationer if a law enforcement

employee or other inmate comes in contact

with bodily fluids and the chief medical of-

ficer determines that there is medical cause

for testing.

ACLU: Opposed

Status: Signed by the Governor.

SB 2643 (Hart) AIDS testing: Alleged

`sex offenders

Permits a court to test a person charged

with a sex-related crime provided that an

affidavit indicates probable cause to be-

lieve that blood or semen have been trans-

ferred. Requires local health officers to

notify test subjects of results and provide

post-test counseling.

ACLU: Opposed

Status: Signed by the Governor.

SB 2788 (Maddy) HIV test results

Permits a physician to inform, without

consent, the spouse, sexual partner, needle

partner or county health officer of a per-

-

ative Report

Sacramento

Paul Anderson

son's HIV test results. Permits such disclo-

sure only after physician has discussed re-

_ Sults, offered counseling, and given patient

the first opportunity to notify partners.

Prohibits disclosure of any identifying in-

formation to partners or health officer. Per-

mits the health officer to inform a spouse,

sexual partner or needle partner but re-

quires health officer to expunge names of

partners after notification.

ACLU: Opposed

Status: Signed by Governor.

CRIMINAL JUSTICE

SB 1499 (Presley) - Wiretapping

The measure authorizes court ordered

wiretapping of telephone lines of suspected

. drug dealers.

ACLU: Opposed |

Status: Signed by the Governor.

SB 44 (Lockyer) - Death penalty

This bill expanded the lid of special cir-

cumstances to include the killing of a wit-

ness to prevent his or her testimony in a

juvenile proceeding and expanded the ar-

son special circumstances. The Assembly

passed additional amendment expanding

the death penalty to felony child endanger-

- ment resulting in death; to the general in-

tent crime of mayhem where death fortui-

tously results; and to specified drug

offenses.

ACLU: Opposed

Status: Author refused to concur with

Assembly amendments and dropped the

bill.

AB 3501 (Bradley) Death penalty

This measure proposed to expand the

death penalty to the intentional killing of a

child under 14 years. This bill was unlike.

other special circumstances because eligi-

bility for death would depend exclusively

on the age of the victim, completely apart

from the circumstances of the homicide.

ACLU: Opposed

Status: Assembly passed the measure

62-7; held by Senate Judiciary Commit-

tee.

AB 4162 (Katz), SB 2597 (Deddeh) -

Forfeiture

These measures expand the forfeiture

laws to permit the seizure of specified prop-

erty exchanged through drug dealings by ab-

olishing the requirement of an underlying

conviction and by authorizing forfeiture

only upon a showing of preponderance of

the evidence.

ACLU: Opposed

Status: AB 4162 signed by the Govern-

or; SB 2597 held in Senate Judiciary

Committee.

AB 4422 (Ferguson), AB 3230 (Leslie) -

Sentencing -

AB 4422 provided that any person who

shoots from a vehicle or into a vehicle and

either kills or "seriously injures" someone

shall be sentenced to life without the possi-

bility of parole.

AB 3230 allowed for a sentence of life

without possibility of parole for juveniles

convicted of special circumstances murder.

Only the United States and South Africa

permit so harsh a sentence even upon adult

defendants. These sentences are not only

punitive but also presume that a person

cannot be rehabilitated and returned to so-

ciety at some later time.

ACLU: Opposed :

Status: AB 4422 passed the Assembly

63-0. AB 3230 passed the Assembly

67-4. Both bills were held in the Senate

Judiciary Committee. :

AB 2013 (Moore) - Gang violence

This bill creates a new crime of actively

participating in a street gang and assisting

or promoting the felonious conduct of gang

members. The measure implicates protect-

ed association rights.

ACLU: Opposed

Status: Signed by the Governor.

FIRST AMENDMENT

SB 5 (Deddeh) - Pornography

This measure sought to broaden the

state definition of obscenity and facilitate

the prosecution of pornography by, in part,

changing the present "statewide" standard

to a "community" standard for determining

what is legally obscene. The bill also elimi-

nates the education component from cur-

rent law which requires that "material must

lack literary, artistic, political, scientific or

educational value." The serious chilling ef-

fect on creative output resulting from adop-

tion of a community standard approach

generated strong opposition from a broad-

based coalition of free speech advocates.

The statewide standard was reincorporated

in the final version of the bill.

ACLU: Opposed

Status: Signed by the Governor.

AB 4259 (Bradley) - Charitable solicita-

tions

The bill set forth a burdensome regula-

tory and reporting system on paid fundrais-

ers used by non-profit organizations. It

would have imposed a substantial chilling

effect on these organizations' First Amend-

ment right to solicit funds.

ACLU: Opposed

Status: Failed passage in Assembly

Ways and Means Committee.

PRIVACY

AB 3200 (Mojonnier) - Surrogacy

Responding to the highly publicized

"Baby M" case, this measure sought to de-

clare all surrogacy contracts void and unen-

forceable and would have imposed felony

penalties on third parties who facilitate

these arrangements.

ACLU: Opposed

Status: Failed passage in Senate Judici-

ary Committee.

YOUTH

AB 2496 (Friedman) - Student searches

This measure was sponsored by the

ACLU. The measure prohibits school em-

ployees from conducting body cavity or

strip searches of students.

ACLU: Sponsored by the ACLU

Status: Signed by the Governor.

AB 2802 (Hart) - Drivers licenses

This measure would deny a person un-

der 18 years of age a drivers license unless

the student has either graduated from high

school (or has equivalent degree), or can

certify that he or she is making satisfactory

progress toward graduation and has no at-

tendance problems.

ACLU: Opposed

Status: Vetoed by the Governor.

AB 3808 (Leonard) - "Learnfare"'

The bill imposed a $50 per month reduc-

tion of subsistence income of an AFDC

family if a minor's school attendance fell

below certain standards. This punitive

measure not only raised serious equal pro-

tection and privacy concerns, but failed to

set forth a realistic and genuine approach to

encouraging school attendance among all

youths.

aclu news

jan./feb. 1989 5

ACLU: Opposed

Status: Failed passage in Senate Health

- Human Services Committee.

EQUAL PROTECTION/

DUE PROCESS

AB 3592 (Leslie) Arrest Records/

Employment

This measure was intended to give the

Department of Social Services access to ar-

rest record information for persons who ap-

ply for employment at childcare and/or res-

idential facilities for the elderly. Arrest

information is notoriously inaccurate, ra-

cially discriminatory and highly prejudi-

cial.

ACLU: Opposed

Status: Held on Senate floor.

SB 1827 (Greene) - Good cause termi-

nation

Legislation sponsored by the Workers

Rights Committee of the ACLU-SC re-

quired that an employee must be dis-

charged from his or her job only for "just

cause." It would provide a process of medi-

ation and arbitration of claims for wrongful |

termination for the 2/3 of employees in

California who have no protection from ar-

bitrary termination.

ACLU: Supported

Status: Failed passage in Senate Appro-

- priations Committee.

AB 2738 (Moore) - Childcare leave

The bill would allow working parents

up to 4 months of unpaid leave to care for a

dependent child. The parent would have

the right to return to his or her job or com-

parable position. The provisions apply

only to employers of 25 or more employ-

ees. A similar bill was vetoed by the Gov-

ernor last year.

Continued on page 8

,

alifornians will be paying close

" attention to the 1989 legislative

session. Legislators recognize that

they must confront the public image of

the Legislature as a body unable or un-

willing to resolve the numerous concerns

facing the states. Major issues - ranging

from insurance reform to environmental

laws - will test the Legislature's ability.

A major factor in the Legislature's in-

ability to resolve important policy ques-

tions in 1988 was the political fight

around the Speakership. However, the

election of three new Democrats to the

Assembly in November has now solidi-

fied Willie Brown's tenure as Speaker of

the of Assembly. The chaos which char-

acterized the 1988 Assembly session

should therefore substantially abate this

session. The leadership in both houses

has acknowledged its intent to become

actively involved both in substantive poli-

cy matters and legislative reform. Only

time will tell whether this "new" Legisla-

ture will fulfill its promise. _

Three to four thousand bills will be in-

troduced in 1989. Among the most im-

portant will be legislation providing com-

prehensive health care coverage for the

millions of Californians who are medical-

ly uninsured. Access to health care has

been one of the ACLU's top priorities,

and the ACLU will be lobbying for criti-

cal legislation in this area.

Court may reverse its historic Roe v.

.

Prospects

The possibility that the U.S. Supreme -

for 1989 |

Wade ruling legalizing abortion has mo-

bilized pro-choice forces throughout the

country In Sacramento, the ACLU will

continue its efforts to obtain passage of a

state budget without restrictions on Medi-

Cal abortion funding. The extremely

close vote during the 1988 session and

the addition of at least two pro-choice

Assembly members have raised hopes

that this Legislature will adopt a budget

providing full abortion funding for indi-

gent women.

The 1989 session will again see the

introduction of many AIDS-related bills.

The escalating numbers of persons who

are HIV positive and/or who have AIDS

will demand additional state resources.

Proposals to provide comprehensive early

intervention treatment and education pro-

grams for asymptomatic persons will be

debated during this session. Unfortunate-

ly, we can also expect repressive legisla-

tion seeking to expand the numbers of

persons who can be subjected to involun-

tary HIV testing.

In the criminal justice arena, a major

criminal sentencing reform package will

be fully debated this session. The ACLU

will oppose substantial sentence enhance-

ments because, among other things, such

increases exacerbate the already over-

crowded prison system. With executions

expected to commence in California in

1989, the ACLU will redouble its efforts

to oppose any proposed expansion of the

death penalty.

aclu news

jan./feb. 1989

State Abortion Funds Still Safe

n December 13, the California Su-

0: preme Court refused the state gov-

ernment's request to hear argu-

ments in favor of restricting Medi-Cal

abortion funds. With a 5-2 vote, the high

court decided to let stand the Court of Ap-

peal ruling which prohibits the cutting of

Medi-Cal funding for abortion.

This is the latest twist in the lengthy

saga of protecting public funds for abor-

tions. For the past 11 years, ACLU-NC

staff attorney Margaret Crosby has filed

suit challenging the Legislature's severe re-

strictions of Medi-Cal abortion funds. Each

year, because of a court order in the

ACLU-NC case, funding has been main-

tained for the 80,000 women - one quar-

ter of them teenagers - who each year

seek Medi-Cal ue for abortions in

California.

In 1988, restrictions on Medi-Cal abor-

tion funds were rejected by the state As-

sembly on a tie vote and added to the Bud-

get Act by the Senate by only one vote.

After the ACLU-NC filed a lawsuit in July

challenging the restrictions (CDRR v. Kizer

IV), state Attorney General John Van De

Kamp told the Governor that he would not

defend the state's position as he saw no

new legal argument which had not been ad-

dressed by the courts over a ten previous

years of litigation.

Attorney Crosby praised the Supreme

Court's order. "For the second time this

year, the California Supreme Court has fol-

lowed a principled course, by refusing to

overturn a constitutional precedent. That

precedent has ensured the health of thou-

sands of impoverished teenagers and wom-

en in California.

"With the refusal of the state's chief

law officer to defend the abortion restric-

tions, the Governor and the Legislature

have become increasingly isolated in their

futile effort to deny abortions to poor wom-

en. Although the Governor has included

the very same restrictions in his proposed

1989-90 Budget, we hope that reason will

prevail in the Legislature this year," Cros-

by concluded.

Health Officers Act to Prevent End

to Confidential HIV Tests

he California Conference of Local

Health Officers (CCLHO) filed

court papers on January 17 in op-

position to an attempt by the sponsors of

Proposition 102 to enact major portions of.

Rights Day...

Continued from p.3

Apologizing for stumbling over some

words, she explained, "I recall when my

mother used to sing Of, Freedom to me as a

child and I found the singers of Mother-

Stone very touching."

In a soft but powerful voice, Rosa Parks

reminded the audience that "although we

have accomplished much, we have a gong

way to go."

As she explained the historic bus toy:

cott, Parks said "We tried to be the best we

could, under very trying circumstances."

And as she spoke about the future, she said,

"We have to be unified, and we have to

keep on keeping on, and not give up to the

obstacles we face."

Parks quoted Dr. Martin Luther King,

saying that although we may not all make it

to the promised land, "we - as a people -

_ will overcome and be free."

The 1988 Bill of Rights Day Celebra- .

tion was organized by ACLU-NC Field

Representative Marcia Gallo with assis-

tance from Membership Director Sandy

Holmes, Field Committee Chair Dick Gros-

boll and interns Gillian Smith, Daniel Gro-

bani and Georgine Pantelas. Technical ex-

pertise for the video portion of the program

was provided by Jane Heaven of Insight

Productions.

the defeated initiative through a lawsuit.

California Physicians for a Logical

AIDS response, the group which sponsored

Proposition 102 in the November 1988

election, filed their lawsuit in Los Angeles

Superior Court prior to the November elec-

tion, anticipating that the ballot initiative

might be defeated. The suit asks the court

to order Dr. Ken Kizer, Director of the Cal-

ifornia Department of Health Services, to

end confidential testing for the virus which

causes AIDS.

In response, the CCLHO, represented

by the American Civil Liberties Union af-

filiates of Southern and Northern Califor-

nia filed an application to join the case as a

friend of the court.

In its papers, the CCLHO argues that if

confidential testing were ended, persons at

high risk for the disease would not seek

testing. That, the CCLHO says, would lead

to further spread of the virus because peo-

ple carrying it would not be counseled

about how to prevent its spread. The

CCLHO bases its argument on studies from

South Carolina and Oregon.

Jon Davidson, staff attorney with the

ACLU of Southern California said that the

idea of ending confidential testing was "`an-

tithetical to scientific fact and common

SCNSeuro..

Davidson said that Health Departments

do not want testing reports, and there is

nothing for Health Departments to do with

them. "Requiring the reports," Davidson

added, "would not only divert precious

funds from educational programs but also

waste those funds."

Matthew Coles, ACLU-NC staff attor-

ney, predicted that the lawsuit filed by the

Proposition 102 supporters would eventual-

ly be thrown out of court. "The courts are

not going to tell the doctor who runs the

Department of Health Services how to

make public health policy," he said, "espe-

cially not when most public health profes-

sionals agree with what he is doing." Coles

pointed out that a similar suit was recently

rejected by the courts of New York.

There will be a hearing on the lawsuit

in Los Angeles Superior Court on February

1.

Police Commission Orders Chief to

Consult ACLU on Crowd Control

Police Commission ordered Police

Chief Frank Jordan to meet with the

ACLU-NC and other community organiza-

tions to draft a crowd control policy.

The Commission's action overrides

Chief Jordan's proposal that the Police De-

partment be the exclusive author of the

crowd control policy and comes in the

midst of a heated controversy over police

crowd control tactics in the wake of the

September 14 clubbing of United Farm

Workers leader Dolores Huerta at the

hands of a police officer during an anti-

Bush demonstration.

A detailed pes Y for a General Order

I n a unanimous vote on January 4, the

Totoy Rocamora

The capella group MotherStone sang songs of the early civil rights movement. g

night.

Outraged at the "deplorable" manner in

and other policy reforms on crowd control

had been submitted to the Commission by

the ACLU-NC Police Practices Project, the

National Lawyers Guild and Community

United Against Violence.

"The chief principle in our proposal for

a General Order is that the purpose of

crowd control must be to facilitate and pro-

tect free expression in an atmosphere of

public safety that does not now exist," said

ACLU-NC Police Practices Project Direc-

tor John Crew.

"A General Order, as mandated by the

Commission, is far superior to only the

Training Bulletin as proposed by Chief Jor-

dan," Crew explained. A General Order

must be approved by the Police Commis-

sion after an opportunity for public com-

ment at a hearing. Any future changes pro-

posed by the Police Department must be

submitted through the same public Police

Commission process.

Community Outrage

The Police Commission's decision fol-

lowed a barrage of criticism from a broad

range of community groups leveled at the

San Francisco Police Department at a press

conference on December 20 and a meeting

of the Police Commission the following

which the Department handled the Huerta

incident, over 30 labor, civil rights, political

and community organizations came togeth-

er to denounce the Department.

Although in response to an ACLU com-

plaint, the Office of Citizen Complaints

(OCC) concluded on November 11 that Of-

ficer Frank Achim used "unnecessary

force" against Huerta, on December 14, ,

Chief Jordan told the Police Commission,

without even mentioning the OCC's exces-

sive force finding, that since Officer Achim

use "proper technique" with his club, he

would recommend no disciplinary action.

At the community press conference,

which featured Supervisors Jim Gonzales

and Harry Britt, and at the Police Commis- -

sion meeting on December 21 numerous

speakers called on the Police Commission

to make up its own mind about the allega-

tions.

The Commission voted unanimously to

seek a City Attorney's opinion on their au-

thority to override the Chief's decision not

to present the case to the Commission.

A joint statement issued by the commu-

nity groups said, "Efforts to reform the De-

partment's crowd control policies are use-

less if there is no mechanism for

enforcement and if officers can beat people

with impunity."

The coalition of community groups in-

cludes the ACLU-NC, the United Farm

Workers, the National Lawyers Guild,

Community United Against Violence,

Stonewall Gay Democratic Club, Rainbow

Coalition of San Francisco, Mexican

American Political Association, NAACP,

and MALDEF, among others.

aclu news

jan./feb. 1989 /

ACLU-NC Membership Survey Completed

by Marcia Gallo

ACLU-NC Field Representative

n unprecedented survey of ACLU

A members in northern California re-

veals that the affiliate's member-

ship action efforts over the last seven years

have significantly increased membership

involvement in grassroots lobbying and

public education campaigns.

The 1988 Field Evaluation Project, con-

ducted from January to November, was

based on a telephone survey of 304 ACLU-

NC members. The Final Report on the

Field Evaluation Project was presented to

the ACLU-NC Board of Directors on No-

vember 10. The Field Program, which was

launched in 1981 as a way to organize

ACLU members in northern California to

take effective action on key civil liberties

issues, has led campaigns to support Medi-

Cal funding for abortions, increase the pub-

lic's right to know and right to dissent,

challenge restrictions on immigrants and

refugees, support the independence of the

judiciary in 1986's California Supreme

Court election and defeat the nomination of

Robert Bork to the U. S. Supreme Court in

1987.

In addition, the Field Program includes

organizing and advocacy on these and oth-

er issues which are taken up by ACLU-NC

members in 16 local chapters from Sonoma

to Monterey to Fresno. One chapter - the

Gay Rights Chapter - includes members

from throughout northern California.

The Evaluation Project was designed

and implemented by a large committee of

ACLU-NC activists and staff members,

with the assistance of professional data col-

lectors Pat Biernacki and Ted Knapp of

Youth Environment Study, Inc. Its goal

was to assess the Field Program's effective-

ness and to develop strategies for future

membership action.

Members were chosen at random from

the affiliate's membership records and tele-

phoned by ACLU-NC volunteers during

April and May. A second set of members,

those who are very active in the organiza-

tion either at the chapter, board, or staff lev-

el, or through affiliate "issue committees,"

were also selected for telephone interviews.

All members responded to a questionnaire

that asked about their awareness of Field

Program activities, their level of involve-

ment in those activities, their thoughts on

the importance of different segments of the

ACLU's work, and their ideas for improv-

ing the affiliate's membership involvement

program.

A separate set of Personal Data ques-

tions were also answered by 92% of those

interviewed so that the affiliate could devel-

op a current Membership Profile.

Findings

One of the most impressive findings of

the Evaluation Project was that most of the

members interviewed (60% of those select-

ed randomly and 91% of the activists) had

been actively involved (contributing time

and money) in Field campaigns; most of

these members had been active on more

than one issue.

The Block Bork! campaign of 1987 gen-

erated the most membership involvement

overall, with 45% of the "randoms" and

67% of the "actives" responding that they

had participated in grassroots lobbying and

public education work on this issue. How-

ever, the 1986 Independence of the Judici-

ary Campaign generated the most involve-

ment among activists, with 68% of this

group reporting participation.

Field "priority issues" have generated a

good deal of membership involvement over

the years: 23% of members selected ran-

domly and 65% of activists report that

they've taken part in Pro-Choice efforts;

both Right to Know/Right to Dissent and

Immigrant/Refugee Rights generated partic-

ipation among a fair number of randomly-

selected members (11% and 14% respec-

tively) and a sizable number of activists

(49% and 44% respectively).

With regard to local chapter organizing,

Court Should Block Libel Suit.

against Consumer Report

preme Court in December, the ACLU

I nan amicus brief filed in the state Su-

affiliates of Northern and Southern

_ California argue that a Sacramento televi-

sion station should not be liable for defa-

mation for airing a consumer newscast crit-

icizing poor workmanship by a contractor

who did repairs on low-income housing.

The Supreme Court will resolve an is-

sue which has divided appellate courts:

whether California law making certain

communications "privileged" should be

read narrowly to protect only such commu-

nications as employee references or broad-

ly to protect all media speech on matters of

public interest.

In the amicus brief, prepared by cooper-

ating attorney Brian Haughton of Ellman,

Burke and Cassidy, the ACLU urged the

Court to adopt the broad definition of the

law. The ACLU argued that constitutional

requirements, legislative history and policy

arguments required the court to protect me-

dia accounts of public concern, regardless -

of the technical status of the person who

claims to have been defamed.

ACLU-NC staff attorney Margaret

Crosby explained that the ACLU-NC has a

long-standing policy of restricting defama-

tion suits. The national ACLU adopted a

similar policy in 1982, stating that a defa-

mation suit is violative of the First Amend-

ment when the speech in question has an

impact on the social or political system or

climate. The ACLU is particularly con-

cerned about the proliferation of defama-

tion suits and their threat to the free dis-

semination of information on current

affairs.

In this instance, the contractor's repairs

were subsidized by a federal agency and ad-

ministered by a local agency as part of a

home improvements program for low-

income residents. "Consumer news reports

concerning the quality of a state-licensed

contractor's work on a publicly funded

home repair project fall well within the

scope of public interest," attorney Haughton

explained.

7% of randomly-selected members report

being active in chapters; 13% were former-

ly active in local chapters, with 36% of

them active in the 1960s. The activists in-

terviewed were evenly divided on chapter

involvement: 58% consider themselves ac-

tive, 42% do not and, of these, 77% have

never been active in any chapter. However,

29% of "randoms" and 17% of "actives"

responded "yes" or "maybe" when quizzed

about becoming more involved.

Most members interviewed felt that

ACLU-NC Field activities had made a dif-

ference in public awareness of and partici-

pation in campaigns on the issues dis-

cussed, and a significant number of

members (62% of those randomly-selected

and 86% of activists) felt that all three

components of the ACLU's work - litiga-

tion, legislation/lobbying, and community

education/organizing - were integral to

the organization's purpose. :

Finally, the use of the ACLU News in

highlighting Field activities is crucial: 86%

of "randoms" and 92% of "actives" read

the ACLU News on a regular basis, and,

particularly for those members selected

randomly, involvement in Field activities

came mainly through the News (34%).

Recommendations

After analyzing the data collected, and

incorporating the excellent suggestions of-

fered by ACLU members, the following

recommendations were developed by the

Field Evaluation Committee and adopted

by the Board of Directors:

@ better utilize the ACLU News to high- |

light the Field Program's activities

@ expand the Field Program's scope in

defining and selecting annual Priority Is-

sues

@ increase chapter development and

leadership development at the chapter level

(R) utilize annual conferences more ef-

fectively

@ broaden the ACLU-NC's member-

ship base

@ provide more resources for the Field

Program

The 1988 Field Evaluation Project re-

confirmed the commitment of the staff,

Board, activists, and members of the

ACLU of Northern California to a strong,

viable organization which fights for civil

rights and civil liberties on many fronts

with a variety of tactics and strategies. It is

also clear that our membership action cam-

paigns must be strengthened and broadened

to mobilize as many ACLU members and

supporters as possible.

INS Raids...

continued from p. 1

preliminary injunction which prohibits INS

agents from entering worksites without a

valid warrant or consent and from unlaw-

fully detaining workers without reasonable

suspicion that the person is unlawfully in

this country. But our testimony will show

that the INS conducted two workplace raids

in the summer of 1988 in violation of the

injunction prohibiting such raids and con-

trary to INS public pronouncements that

the agency no longer engages in such activ-

ities."

The suit seeks an injunction to bar the

INS from engaging in practices that violate

`the constitutional rights of employees and

employers to be free from discrimination

and unlawful searches and seizure, as pro-

tected by the Fourth and Fifth Amend-

ments. Specifically, the plaintiffs are asking

the court to prohibit the INS from:

@ entering private workplaces without

warrants or voluntary consent;

@ using unlawful general warrants to

seize workers;

(R)@ seizing workers without reasonable

suspicion that they are undocument-

ed;

@(R) subjecting workers to physical and

verbal abuse; and

@ targeting workers of Hispanic ances-

try for arrest and abuse.

Defendants in the lawsuit are INS Com-

missioner Alan Nelson, INS Regional Di-

rector Harold Ezell, INS District Director

David Ilchert and Chief Border Patrol

Agent William Carter.

aclu news

jan./feb. 1989

Larry Sleizer

CLU activist Larry Sleizer, a resi-

A dent of Palo Alto for 25 years, died

on December 21 at the age of 51.

A former chair of the Mid-Peninsula

Chapter, Sleizer also served as Legal Coor-

dinator and Board Representative of the

chapter for many years.

Sleizer, an attorney and mediator,

served as Associate Staff Counsel at the

ACLU-NC sponsored by a one year grant

from the Point Foundation in 1972.

Sleizer was a popular and much sought

after spokesperson for the ACLU, repre-

senting the organization at numerous coali-

tion meetings and public speaking engage-

ments.

ACLU-NC Executive Director Dorothy

Ehrlich said, "In his many capacities Larry

served the ACLU in a brilliant and dedicat-

ed way for over 20 years."

A native of Washington, Sleizer gradu-

ated the University of Washington in 1959

and Stanford University Law School in

1972.

In addition to his ACLU work, Sleizer

was active in many community organiza-

tions including the Northern California

Council of Mediators.

He is survived by his wife Joy, his

daughter Lori Flora and his son Todd.

Ehrlich noted that the news of his death

brought an unprecedented outpouring of

donations to the ACLU-NC in his memory

from the many people whose lives he

touched.

Legislative Report...

Continued from p. 5

ACLU: Supported

Status: Failed passage in Assembly.

HEALTH CARE

AB 3595 (Margolin) - Child health care

Dubbed "Baby Cal," this bill was in-

tended to provide universal access to prena-

tal care and health care for all children up to

the age of 5. Recent studies have demon-

strated the serious medical consequences of

lack of health care for pregnant women and

children. This bill would consolidate exist-

ing programs into one unified approach and

would cover uninsured women and children

on a sliding scale.

ACLU: Supported

Status: Held in Senate Appropriations

Committee.

1988-89 Budget Act - Medi-Cal abor-

tion funding

The Legislature passed a Budget Act

which once again severely limited Medi-

Cal funding for abortions. This year, how-

ever, the vote was extremely close as re-

strictive amendments were defeated in the

Assembly on a tie vote and passed in the

Senate by only one vote. The restrictive

language, which is identical to last year,

limits state abortion funding to incidents of

rape, incest, cases of fetal abnormality, or

to save the life of the woman.

The ACLU again challenged the restric-

tions and obtained an injunction prohibiting

enforcement of the funding restrictions.

Significantly, the state Attorney General

John Van de Kamp, refused to defend the

state this year citing the lack of any new le-

gal arguments to rebut the ACLU chal-

lenge.

ACLU: Opposed

Status: Signed by the Governor, enjoined

by the Court of Appeal.

AB 4516 (Bronzan) - Mental Patients

This bill would substantially restructure

the Lanterman-Petris-Short Act by amend-

ing and expanding California's civil com-

mitment scheme and broadening the stan-

dard for involuntary commitment. The

measure would violate the substantive and

procedural due process rights of mental pa-

tients.

ACLU: Opposed

Status: Placed on inactive status.

AB 4163 (Polanco) - Minor mental pa-

tients

This measure would provide due pro-

cess rights to minors over 14 who are in-

voluntarily admitted to private psychiatric

facilities upon parental consent. The bill

sought to correct the growing and inappro-

priate use of psychiatric hospitals to deal

with children who may simply not be meas-

uring up to parental expectations.

ACLU: Support

Status: Failed passage in Senate Appro-

priations Committee.

Book Censorship ...

Continued from p. 1

islature has given high school students ex-

tensive free speech rights in Education

Code Section 48907. That statute forbids

censorship of student speech unless it is

obscene, libelous, or likely to disrupt the

educational process. The Court concluded

that that it would be anomolous if the Leg-

islature allowed school authorities to cen-

sor published books from school libraries,

when they could not censor identical

speech by students from the school news-

paper.

According to Crosby, "The Court's de-

cision recognizes that the Legislature has

strictly limited censorship in California

public schools.

"The U.S. Supreme Court's decision in

January 1988 giving school administrators

broad discretion to control the content of

school newspapers (Hazelwood School

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: Thursday, Febru-

ary 23 and March 23. Members are en-

couraged to join the Chapter Board, help

staff the hotline, and organize activities

in the Berkeley area. Contact Tom Sar-

baugh, 415/428-1819 (day) or Florence

Piliavin, 415/848-5195 (eve).

Earl Warren (Oakland/Alameda)

Chapter Meeting: (Usually second

Wednesday). Wednesday, February 8

and March 8. Contact Abe Feinberg,

415/451-1122.

Fresno Chapter Meeting: (Usually

third Tuesday) Tuesday, February 21

and March 21. Contact Mindy Rose, 209/

486-7735 (eve). -

Gay Rights Chapter Meeting: (Usually

first Wednesday) Wednesday, February

1 and March 1, 7 PM, ACLU Office,

1663 Mission Street, Suite 460, S.F. Con-

tact Doug Warner, 415/621-3900

Marin County Chapter Meeting: (Usu-

ally third Monday) Monday, February 20

and March 20. 7:30 PM, Citicorps Sav-

ings, 130 Throckmorton, Mill Valley.

Contact Eileen Siedman, 415/383-0848.

Mid-Peninsula (Palo Alto area) Chap-

ter Meeting: (Usually fourth Wednes-

day) Wednesday, February 22 and March

22. 8 PM, All Saints Episcopal Church,

555 Waverly, Room 15, Palo Alto. Con-

tact Leona Billings, 415/326-0926.

Monterey Chapter Meeting: (Usually

fourth Tuesday) Tuesday, February 28

and March 28. Contact Richard Criley,

408/624-7562.

Mt. Diablo (Contra Costa County)

Chapter Meeting: (NOTE DATE

CHANGE: THIRD THURSDAY OF

THE MONTH) Thursday, February 16,

7:30 PM, at Law Offices of Richards,

Suskind, Bortin and Ponomareff, 565 Igna-

cio Valley Road, Ste. 300 Conference

Room, Walnut Creek. Contact Beverly

Bortin, 415/934-1927. Thursday, March

16, 7:30 PM at the home of H. Grinstead.

Contact 415/939-ACLU.

North Peninsula (San Mateo area)

Chapter Meeting: (Usually third Mon-

day) Monday, February 20 and March

Field Program

Monthly Meetings

20. Contact Ward Clark, 415/593-1260.

Sacramento Valley Chapter Meeting:

(Usually second Wednesday) Wednes-

day, February 8 and March 8. 7:30 PM,

County Administration Building, 7th/L

Sts., Sacramento. Contact Eric Andrus,

916/441-2552 or Joe Gunterman, 916/

447-8053.

San Francisco Chapter Meeting:

(Usually fourth Tuesday) Tuesday, Feb-

ruary 28 and March 28; ACLU office,

1663 Mission St. #460, San Francisco.

Contact Marion Standish 415/863-3520.

Santa Clara Chapter Meeting: (Usual-

ly first Tuesday) Tuesday, February 7

and March 7. 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, Feb-

ruary 16 and March 16. Contact Judy

McCann, 707/527-9381 (days).

Yolo County Chapter Meeting: (Usu-

ally third Wednesday) Wednesday, Feb-

ruary 15 and March 15. Contact Casey

McKeever, 916/666-3556.

Field Committee

Meetings/

Events

Special Contest: Design Our

New Field Program Logo!

We need your ideas and artwork to

create a "tag" for Field Program An-

nouncements, Action Alerts, and calen-

dar listings. What does membership ac-

tion look like?? Show us what you think!

An ACLU-NC five-color silk-screened

sweatshirt will be given to the first five

entries.

Deadline, March 1, 1989. Send your

drawings, diagrams, lettering, cartoons

to Marcia Gallo, Field Representative,

ACLU-NC, 1663 Mission Street, #460,

San Francisco, CA 94107. Call 415/621-

2493 for more information.

District v. Kuhlmeier) is not the law in Cali-

fornia. Because of our Education Code, stu-

dents may write articles which conflict with

the political or social views of the school

administration," Crosby explained.

"Because of the Court of Appeal's deci-

sion in Wexner, students can also read

books which express views that differ from

the school administration or the general

community. In our view, the purpose of ed-

ucation is to expose students to different

opinions, so that they can learn to make

choices in a democracy," Crosby added.

The Court of Appeal affirmed the trial

court judgment holding that the books

could not be removed from the library and

reversed portions of the judgment which

endorsed a prior parental consent mecha-

nism and permitted the Board to bar class-

room use of the books. In addition, the

Court ordered the school district to pay the

litigation costs of the lawsuit.