vol. 53 (1989), no. 4

aclu news

NON-PROFIT

ORGANIZATION

U.S. POSTAGE

PAID

PERMIT NO. 4424

SAN FRANCISCO, CA

Volume LIII

June-July 1989

No. 4

FBI on Trial for Discriminating

Against Doctor with AIDS:

6 6 W e are not claiming that the

/ fears of the FBI agents were

not real. We believe they

were real: they were really scared that Dr.

Doe has Kaposi's Sarcoma.

"What historically has distinguished

our court system is its ability to deal with

real fears. What made the Korematsu case

such a shameful incident in the history of

our court system was not that the court

went along with `slight' or `fringe' reac-

tions, but that it did not separate itself

from very real mass, irrational fear. And

what made the behavior of federal courts

in the South in the 60's such a shining mo-

ment in judicial history was their willing-

ness to hold the line and stand up to mass,

irrational fear.

"If the FBI, as the nation's chief law

enforcement agency is able to simply dis-

pose of Dr. Doe's claim by writing a check

(a check that will be backed by other peo-

ple's money), then the chief law enforce-

ment agency of the United States will have

been able to defy the Rehabilitation Act on

the basis of irrational fear. We cannot al-

low that to happen - that is what federal

courts are for."

With this dramatic argument, ACLU-

NC staff attorney Matthew Coles closed

the trial in the case of Dr. John Doe v. FBI

in U.S. District Court in San Francisco on

May 17.

Dr. Doe, whose identity and place of

business are protected by court order, per-

formed preemployment and annual physi-

cal exams for the FBI through a contract at

a local hospital for four years. Several

months ago, the FBI informed Dr. Doe that

it had learned that he was diagnosed with

Kaposi's Sarcoma, an AIDS diagnosis.

While the FBI refused to disclose how it

became aware of Dr. Doe's medical condi-

tion, it canceled appointments for agents'

physical exams with him and threatened to

terminate its contract altogether.

Subsequently, the FBI entered into new

contracts with other providers, and the U.S.

District Court ordered the agency not to

terminate Dr. Doe's contract. Almost all

other agents since then have had their

physicals done by the other providers.

No risk of transmission

Dr. Doe was informed on the day of his

diagnosis by his own physician that he

could work without risk of transmitting

HIV (the virus that causes AIDS) to his pa-

tients. Dr. Doe's physician testified to this

during the trial.

- Epidemiologist Dr. George Rutherford,

Director of the AIDS Office of the San

Francisco Department of Public Health, ex-

plained at the trial that the National Centers

for Disease Control has established guide-

lines for health care workers with AIDS

that clearly state that health care workers

need not be restricted from patient contact

unless they perform "invasive" procedures

such as surgery. Routine physical exams do

Continued on p. 8

ACLU Acts to Prevent Clinic Blockaders from

in Contra Costa County Municipal

Court that the names, addresses,

phone numbers and other information

about patients at Concord Planned

Parenthood must not be released to clinic

blockaders who are charged with trespass-

ing at the clinic site. The release of such in-

formation would violate state and federal

T he ACLU-NC will argue on June 21

constitutional privacy rights, the ACLU-

NC charges.

Criminal defendants John Michael

Vroman and Ronald G. Maxson are de-

manding information about Planned

Parenthood patients who were scheduled

for appointments at the Concord facility on

December 10 and 17 of last year.

On those dates, the Planned Parenthood

clinic was blockaded by the defendants, re-

sulting in their prosecution for trespassing

Getting Patients' Names

and obstruction of movement in a public

place. There were no previously scheduled

clients present in the clinic during the en-

tire blockade, only staff. According to

Heather Estes, Executive Director of

Planned Parenthood of Contra Costa

County, "Our staff called all persons who

had appointments for those momings to ad-

vise them to go instead to alternative loca-

tions. "No scheduled client came into the

Concord clinic that morning until all of the

`blockaders had left," Estes said.

ACLU-NC cooperating attorney David

Bortin explained, "The defendants claim

that they need the names, addresses and tel-

ephone numbers of the Planned Parenthood

patients for "evidence on the issue of guilt

or innocence.'"

"However," Bortin added, "none of

those patients attended the clinic that day

Anti-choice demonstrators blocked the doors to Planned Parenthood clinics through-

out the Bay Area. Now they are trying to get the names of Planned Parenthood cli-

ents.

Barbara Maggiani

during the blockade. In the absence of any

connections between the names, addresses

and dispositions sought, and any issues in

the trial, we must look to defendants' con-

duct to infer their actual reason - and we

have not far to look. /

"Operation Rescue displays a pattern of

intimidating patients and staff by intrusive

confrontations and invasions of sexual and

reproductive privacy at every opportunity.

They take video pictures and license plate

Continued on page 8

aclu news

june-july 1989

New Drug Crime Laws Can't Stem Crisis -

by Francisco Lobaco

ACLU Legislative Advocate

n June, the national ACLU will be

I holding its Biennial Conference in

Madison, Wisconsin. One of the ma-

jor plenary topics is "Civil Liberties and

the Drug Crisis." This issue is particularly

timely in light of the demonstrable failure

of federal, state and local officials in fight-

ing the war on drugs, the enormous finan-

cial social burdens of this war, and the

- continuous encroachment on civil liberties

that it fosters.

In California, the legislative response

to the drug crisis over the past several

years has focused on longer prison sen-

tences and further restrictions on our con-

Stitutional safeguards.

Only last year the Legislature approved

court-ordered wiretapping and expansion

of the forfeiture statutes in an effort to ex-

pand the prosecutorial tools to wage the

war on drugs. Although these measures

raised substantial privacy and due process

concerns and were therefore vociferously

opposed by the ACLU, they were over-

whelmingly approved by both houses.

Consent to Car Searches

This year, legislative proposals further

fuel the dangerous civil liberties implica-

tions of the drug crisis. SB 664 (Davis -R,

Northridge) is one frightening response to

gang warfare and drug activities. This

measure would require persons obtaining

drivers licenses to consent to vehicular

searches by the police for weapons. It au-

thorizes cities to declare emergency condi-

tions allowing the police to conduct

random administrative checkpoint search-

es for guns. Despite ACLU arguments that

these searches are plainly unconstitutional

under the Fourth Amendment and the

California Constitution, SB 664 was ap-

proved in its first Committee hearing. The

bill is now pending on the Senate floor.

SB 2 (Lockyer-D, Hayward) seeks ex-

pansion of the death penalty as part of the

war on drugs. With one major exception, it

is similar to a bill that was defeated in the

waning hours of the last legislative session.

That exception adds the killing of an un-

dercover officer or agent investigating

drug trafficking as a "special circumstanc-

es murder" subject to the death penalty.

The death penalty would apply even if the

defendant did not know the victim was an

undercover officer or agent. The ACLU

strongly opposes SB 2 and any expansion

of the death penalty. Specifically, the

ACLU has argued that this new death pen-

alty drug provision is unconstitutional be-

cause, among other things, it does not

require that the murder be related in any

fashion to the advancement of criminal ac-

tivity. Lockyer's bill is also pending on the

Senate floor.

SB 271 (Stirling-R, La Mesa) provides

another example of constitutional safe-

guards being eroded in response to the

drug problem. The Fifth Amendment to the

U.S. Constitution precludes a person from

testifying on matters which would tend to

incriminate. Current California law pro-

vides a person who has been ordered to

testify through a grant of immunity the ab-

solute assurance that he is not testifying

about matters for which he may later be

prosecuted (transactional immunity). This

broad immunity is consistent with the Fifth

Amendment. SB 271, however, would

adopt the less protective federal standard

of "use" immunity. The diminishing of this

important Fifth Amendment right is being

promoted as a way to enhance prosecution

of drug offenders. SB 271 passed the

Senate and is pending in the Assembly.

These three legislative measures, al-

Bookseller Fights Bar

on Used Books

o booksellers have less of a right

D to sell a used copy of Shakes-

peare's plays than a new one? Ac-

cording to an ordinance passed by the San

Carlos City Council they did - until Tim

Christensen, owner of A Time for Books

which has 90% used books, challenged the

law and won.

The San Carlos ordinance would have

restricted the sale of used books in the

downtown redevelopment zone. The law

was passed last year at the urging of down-

town merchants who wanted to keep a

thrift shop out of the area. But Christen-

sen charged that the law, which limited

used books to 40% of a store's stock, vio-

lated his constitutional right to freedom of

speech.

Christensen enlisted the support of the

ACLU-NC and the American Booksellers

Association to fight the ordinance. "I don't

believe regulation of bookstores by content

is legal," Christensen said, "Used books

have the same rights as new ones." ACLU-

NC cooperating attorneys David Larson and

Richard Goldman, both of the Palo Alto

law firm of Wilson, Sonsini, Goodrich and

Rosati represented Christensen in his battle

with the City Council. "It is very curious

that the City of San Carlos might want to

exalt new books over used books, yet could

not ever identify any purported governmen-

tal objective for doing so," said Larson.

Speaking for the American Booksellers

Association, attorney Maxwell Lillienstein

said, "We are vigorously opposed to any

ordinance that will affect the First Amend-

ment rights of booksellers to sell books in

their community."

60% New Books

Christensen received word through the

Chamber of Commerce that the City

Council would enforce the ordinance as of

June 1.

That meant that either he would have to

show that 60% percent of his books were

new or that city could charge him with a

misdemeanor for failure to comply with the

ordinance.

According to Larson, "There were po-

tential criminal sanctions in Christensen's

selling too much old Shakespeare."

The ACLU-NC wrote a letter to the

city attomey explaining the constitutional

problems with the ordinance. `When he

Continued on page 8

though quite illustrative of the dangerous

repercussions on civil liberties in the cur-

rent war on drugs, are only the tip of the

iceberg. They reflect only a small percent-

age of the criminal justice bills seeking

"solutions" to the drug crisis. Other pend-

ing bills include efforts to eliminate the

worthwhile pre-trial diversion programs

for certain drug offenders; efforts to recri-

mininalize possession of smallamounts of

marijuana; and numerous proposals in-

creasing prison sentences for drug-related

offenses.

Continued on page 8

Fighting for the Right

to Choose

Pro-choice advocates rallied in Washington, D.C., San Francisco and in front of

targeted clinics to protect abortion rights.

Barbara Maggiani

s the ACLU News goes to press,

A pein activists are waiting on

two crucial decisions: the U.S.

Supreme Court's decision in Webster v.

Reproductive Health Services and the

California Legislature's vote on Medi-Cal

funding for abortion.

But the past few months have meant

anything but waiting for the pro-choice

movement. More than any period in the re-

cent past, the movement has mobilized

around the critical issue of a woman's right

to choose abortion with national marches,

rallies, press conferences, and intensive let-

ter writing and lobbying campaigns.

In California, the ACLU-NC is once

again targeting the Legislature's vote on

the Budget Act. Every year since 1978, the

Legislature has cut Medi-Cal funding for

abortion. Every year, the ACLU-NC has

successfully challenged those cuts in court,

maintaining funding for all women - rich

and poor - who need abortions in this

State.

Last year, Medi-Cal funding for abor-

tion was passed by the Assembly and lost

by only one vote in the Senate. This year,

the ACLU-NC Pro-Choice Action Cam-

paign and our lobbyists in Sacramento are

building an intensive effort to secure fund-

ing in the 1989-90 Budget Act.

"This year - given the uncertain status

of abortion rights in general - we cannot

afford to lose," said ACLU-NC Field

Representative Marcia Gallo.

The Pro-Choice Action Campaign

spearheaded the Northern California Pro-

Choice Coalition's successful lobbying in

Sacramento in June. Members of the

ACLU-NC, Planned Parenthood, NOW

and other reproductive rights activists from

all over California traveled to the state cap-

ital to talk with 30 legislators and their

aides.

"We made sure that our legislators

knew that the pro-choice majority is

watching this crucial Budget Act vote,"

said Gallo.

In addition, the ACLU-NC placed full

page ads in several northern California

newspapers asking people to sign letters in

support of Medi-Cal funding directed to

key members of the Legislature.

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 SO cents is for a subscription to the aclu news and

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

ug 3

aclu news

june-july 1989 3

New Challenge to Official English Law

ince the 1987 passage of Proposition

63, California's "Official English"

initiative, local English Only ordi-

S

nances have proliferated faster than fast

food franchises in Southern California. In

Monterey Park, one of the first communi-

ties to pass such a law, a City

Councilwoman proclaimed, "[This is] not

just a Chinese town. Why should Monterey

Park be called the Chinese Beverly Hills?"

Charging that such ordinances impinge

on free speech and promote ethnic and ra-

cial discrimination and intolerance, the

ACLU has joined a lawsuit in U.S. District

Court on behalf of the Asian American

Business Group against the City of Pomona

challenging its November 1988 "English

Only" ordinance.

The Pomona ordinance states, "On pre-

mises signs of commercial or manufactur-

ing establishments which have advertising

copy in foreign alphabetical characters

shall devote at least one half of the sign ar-

ea to advertising copy in English alphabeti-

cal characters."

Though passed in the guise of a public

safety measure, a memo in support of the

ordinance from a City Council member re-

veals a more basic motivation for passing

the law. "Because of the liberalization of

immigration policies, a heavy influx of

Asian/orientals have taken up residence in

the United States, many of them in

California. Their natural entrepreneurship

_ has directed many of them into business

ownership in many California cities, and

those cities have been impacted by a pro-

liferation of advertising and signs which

consist of oriental characters. That practice

has caused dissent and strife in some

communities.

"In order to prevent the introduction of

such racial and ethnic strife in our city, it is

recommended that the City Council, by or-

dinance, require all signs to be in the

English language, permitting only subtitles

or explanatory language to be in foreign

characters," the Councilmember stated.

ACLU-NC staff attorney Ed Chen,

"The ACLU believes that laws limiting the

right of individuals to communicate in their

chosen language discriminate against na-

tional origin and linguistic minorities, fos-

The ACLU charges that the Pomona or-

dinance violates equal protection and, that

YOU.GOT `TILTHE COUNT

OF THREE TOTHROW OUT

even if its bona fide purpose

were to further public safety,

it fails to pass First

Amendment scrutiny.

Courts have ruled that pro-

tections must be afforded

commercial speech, and even

greater protections afforded

non-commercial speech.

While the foreign language

business signs are a form of

advertising proposing a com-

mercial transaction, these

signs are also a form of cultu-

ral expression, the ACLU

argues.

As one Chinese business-

man and member of the

Monterey Park Human

Relations Commission put it,

"A language is an aspect of

ter intolerance, and ultimately contribute to

ethnic tension and mistrust.

"The ACLU is opposed to the Pomona

ordinance because by curtailing and regu-

lating the amount of foreign language a

business owner may use, it impinges on

free speech and its enactment is inextrica-

bly tied to ethnic and racial discrimination

and intolerance," Chen added

No Safety Measures

Chen noted that conspicuously lacking

in the legislative history of the Pomona or-

dinance and similar ordinances in other cit-

ies is evidence of a real safety problem

resulting from foreign language signs.

"The ordinances were not enacted at the

request of the cities' fire or police chief in

order to meet an existing concern or public

safety problem," Chen said. "They were

enacted to prevent the affected cities from

looking like `just a Chinese town' and to

minimize `racial and ethnic strife' caused

by the public's distaste of foreign language

signs."

Supreme Court Broadens

Right to Sue Media

ith a 7-0 vote on April 27, the

V California Supreme Court dealt

a blow to press freedom by rul-

ing that private individuals involved in

public affairs can sue news agencies for

defamation.

The ACLU-NC had argued as amicus

in the case of Brown vy. Kelly Broadcasting

that constitutional requirements, legisla-

tive history, and policy arguments require

the court to protect media accounts of pub-

lic concern, regardless of the technical

status of the person who claims to have

been defamed.

ACLU-NC staff attorney Margaret

Crosby, who authored the friend of the

court brief along with cooperating attorney

Brian Haughton of Ellman, Burke, and

Cassidy explained that the ACLU-NC has

a long-standing policy of restricting defa-

mation suits in the interests of press free-

dom. The national ACLU adopted a

similar policy in 1982, stating that a defa-

mation suit is violative of the First

Amendment when the speech in question

has an impact on the social or political sys-

tem or climate. The ACLU is particularly

concerned about the proliferation of defa-

mation suits and their threat to the free dis-

semination of information on current

affairs, Crosby explained.

The case originated when a contractor

who did repairs on low-income publicly

funded housing sued Sacramento television

station KCRA-TV for airing a consumer

newscast criticizing her work. The contrac-

tor's repairs were subsidized by a federal

agency and administered by a local agency

as part of a home improvements program

for low-income residents.

The justices rejected the ACLU argu-

ments that news stories are protected under

state law if they are on matters of public

interest and there is no malice or ill will

involved.

continued on page 8

culture. If you try to legal-

ize...a certain language and

~ outlaw another culture, it infringes on the

rights of freedom of speech."

Even if the ordinance may be charitably

characterized as benevolently intended to

prevent "racial and ethnic" strife, as the

Pomona City Council member suggested,

such a purpose would still be illegitimate

because it caters to the prejudices of the

public. "Laws cannot be based on private

prejudices," Chen argued.

Finally, the ACLU argues, the ordi-

nance is unconstitutional because it vio-

lates the Equal Protection Clause. "To the

extent the ordinance is motivated at least in

part by hostility against Chinese immi-

grants perceived to be turning the city into

a `Chinese Beverly Hills,' or a desire to ca-

ter to the ethnic intolerance of the public, it

violates equal protection, " Chen said.

The ACLU amicus brief, which was co-

authored by Chen and ACLU of Southern

California staff attorneys Robin Toma and

Paul Hoffman, supports the Asian

American Business Group's request to the

Court to declare the Pomona ordinance un-

constitutional and to enjoin city officials

from enforcing it.

aclu news

june-july 1989

1989 ACLU-NC

Board of Directors

Elections

Voting Information

Who is eligible to vote?

Ballot Instructions

The by-laws of the ACLU of

Northern California call for the at-large Candidates are listed on these pages in

Directors of the Board to be elected by alphabetical order. After marking your

the general membership. The general ballot, clip it and enclose the ballot and

membership are those members in good _your address label from this issue of the

standing who have joined or renewed ACLU News in an envelope. Your address

their membership within the last twelve label must be included in order to insure :

months. voter eligibility. Address the envelope to: Joy Atkinson

The label affixed to this issue of the

ACLU News indicates on the top line the Elections Committee _ for re cee Ht ae bees "he

year and month when your membership ACLU of Northern California ; ee ee

expires, 1663 Mission Street, Suite 460 coe Dati cr eee

If you are not eligible to vote, you San Francisco, CA 94103 aE y J

American history, when several important

May Chedse 1 tele YOUR MCMDEISID, If you have a joint membership, you civil liberties are being challenged, and the

and thereby resume your membership in

: _ may use both of the columns provided, work of organizations like the ACLU is

ees a ae ee ee and each of the members may vote | Sometimes misunderstood and devalued.

If you share a joint membership, each Separately. - : h ere DROS 10: va me on

individual is entitled to vote separately _`If you wish to insure the confidentiali- | Church (Unitarian Universalist), I have

-two spaces are provided on the ballot ty of your ballot, insert your ballot in a been keenly aware of the importance of be-

`double envelope with the special mailing | ing vigilant in protecting the principle of

How are candidates nominated label in the outer one. The envelopes will | eligious freedom and the separation of

to run for the Board of Directors? be separated before the counting of the | Church and state from infringements by

ballots. those who seem bent on instituting a state

The ACLU-NC by-laws permit two Ballots must be returned to the ACLU religion. Related to that interest is my

methods of nomination. Candidates may by noonon August 9, 1989 long-term active commitment to the princi-

be nominated by the current Board of There are eleven candidates running ple of reproductive freedom for women, a

Directors after consideration of the to fill ten vacancies on the Board. You | liberty now in great jeopardy. To protect

Nominating Committee's recommenda- _may vote for up to ten candidates. these and other important civil liberties, we

tions. Candidates may also be nominated For your consideration, we are pub- need a strong, vital and financially secure

by petition bearing the signatures of at lishing brief statements submitted by the | 4CLU.1I welcome the opportunity to serve

least fifteen ACLU-NC members in good candidates for election to the Board of | its Board of Directors.

1 Directors. Incumbent: No

eee Nominated by: Board of Directors

Fe ee ee =I

BALLOT

Vote for no more than ten candidates. Joint members use both columns. Please

read voting instructions before completing ballot.

I I

| |

I I

I I

I I

I I

I Joy Atkinson O Oo I

I I

| David S. Averbuck O O i

I : . I

; Lorraine K. Bannai O O ;

Marlene De Lancie 0 O :

I Milton Estes a oO |

I I a

3 Charlotte Fishman oO Oo I David S. Averbuck

| :

Theresa Friend 0 Oo I Throughout my life, the ACLU has

I : | helped defend my family, colleagues and

I M. Anne Jennings O O | clients. During the McCarthy Era, the

: : ; ACLU defended my father for his political

David B. Oppenheimer 0 O , _ beliefs and kept him out of jail. When I at-

i tended and taught at Berkeley, the ACLU

Howard M. Shryock O O | Protected our academic freedoms and our

: right to challenge the insanities that too of-

; Bill Tamayo O 0 : ten grip America. When I worked for the

UFW in Delano, we relied on ACLU prec-

edents and legal support.

Despite all this, there are civil liberties

which I feel the ACLU can do more to pro-

tect such as the right to participate fully in

society - or be left alone - by workers,

the unemployed, and the "disabled."

These, and our more traditional con-

cerns, are the issues I will champion during

the next term.

Incumbent: Yes

Nominated by: Board of Directors

Lorraine K. Bannai_

When hard won civil liberties are fac-

ing constant assault, the continued visibili-

ty and hard work of the ACLU are needed

more than ever. The ACLU of Northern

California has been a leader in the struggle

against discrimination of all kinds and an

effective advocate for the freedom of

choice.

It is significant to note that only 45

years ago, this affiliate stood virtually

alone among civil liberties organizations

when it undertook to represent Fred

Korematsu in challenging the World War

II internment of Japanese Americans. For

all these years, Korematsu v. United States

has been a blot on on our constitutional

history. When the ACLU-NC joined the

effort to challenge that opinion, I had the

pleasure of working with its staff as a

member of Mr. Korematsu's legal team.

Having served on the Board for 3

years, I am now the Chair of the

Legislative Committee, working closely

with our lobbyists in Sacramento. I hope

to continue contributing to the affiliate's

involvement in issues affecting the welfare

of minority and immigrant communities as

well as its other progressive work in de-

fending constitutional rights.

Incumbent: Yes

Nominated by: Board of Directors

Marlene De Lancie

My ACLU participation spans over 30

years of involvement as client, volunteer,

board member, fundraiser and participant

on many issues. It signifies the importance

of ACLU to our lives. Few organizations

aclu news

june-july 1989

are as dedicated to the protection of funda-

mental rights - few as dedicated to con-

fronting the pressing current civil liberties

issues, be it at the grassroots or through lit-

igation. Indeed, ACLU is essential to our

very existence as a democratic society,

keeping us ever alert to infringements upon

our rights.

Board experience with Planned

Parenthood and other community organiza-

tions has sharpened my perception of the

`ACLU's crucial mission and the necessity

of ensuring its continued strength and fiscal

soundness.

If elected, I shall continue participation

in the demanding functions required by ac-

tive and educated board membership.

Incumbent: Yes

Nominated by: Board of Directors

Milton Estes

The work of the ACLU underpins and

Strengthens the liberties implied and enu-

merated in the Constitution. Throughout

its history the Northern Califorina affiliate

has been in the forefront of the ACLU in

defending and enlarging the scope of our

rights, and I would be proud to be reelected

to the Board.

I first served on the Board as Chapter

Representative from Marin and have com-

pleted one term as an at-large member. I

have served on the Development

Committee for 6 years and am currently its

Chair. I have also served on the AIDS and

Civli Liberties Committeee, and was the (c)

Chair of the Board Nominating Committee.

As affiliate vice-president, I also serve on

the Executive Committee.

I am committed to a progressive, di-

verse, financially healthy affiliate.

Incumbent: Yes

Nominated by: Board of Directors

Charlotte Fishman

I am honored to have been nominated

for another term on the Board. As a Board

member I have been consistently im-

pressed with the range of issues taken up

by the organization. In addition, my law

firm has worked closely with the ACLU-

NC in bringing the first challenge to drug

testing of applicants for employment in

Wilkinson et al. v. Matthew Bender.

I am an attorney in private practice em-

phasizing employment discrimination and

wrongful discharge. Since one area of my

practice involves women and minorities de-

nied tenure, | am particularly concerned

about the resurgence of racism on college

campuses and the lack of diversity on the

faculties of our major educational institu-

tions.

I am also on the boards of the Asian

Law Caucus and California Rural Legal

Assistance.

Before becoming an attorney I taught

philosophy, did research on medical ethics

and was actively involved in women's

health issues, including teenage pregnancy

counseling.

I believe that the ACLU-NC's already

strong organizational voice on behalf of

minorities and in support of individual dig-

nity deserves support and encouragement.

Incumbent: Yes

Nominated by: Board of Directors

Theresa Friend

I am an attorney in private practice in

Oakland, where I represent many tenants

in actions against landlords for wrongful

evictions. I also volunteer with the AIDS

Legal Referral Panel handling housing dis-

crimination, insurance for people with

AIDS, wills and powers of attorney.

In 1984-85, I clerked for California

Supreme Court Chief Justice Rose Bird.

I have served on the Board of the

ACLU Gay Rights Chapter for the past 5

years. I also served as the Chapter alternate

to the affiliate board and on the Ad Hoc

Committee on the Sansom Bequest which

formulated policy about the disbursal of

that important gift.

I am also on the Board of Bay Area

Lawyers for Individual Freedom, the gay

and lesbian bar association, and I served on

the national steering committee for the

1988 Lavender Law Conference, a national

conference on lesbian and gay legal issues.

As an ACLU-NC Board member, I

would like to pursue the organization's

work in the areas of lesbian and gay civil

rights, the death penalty and rights of the

homeless.

Incumbent: No

Nominated by: Board of Directors

M. Anne Jennings

I have been on the Affiliate Board since

1980, first as the Gay Rights Chapter repre-

sentative and then as an at-large member. I

have served the Board on the Field

Committee and the Pro-Choice Task Force,

the Ad Hoc AIDS Committee, the

Executive Committee and numerous struc-

tural committees. I am also currently on the

ACLU National Board. Professionally I am

a lawyer for the State of California special-

izing in environmental regulation and civil

rights.

The ACLU is a very special organiza-

tion with a unique mission. The Northern

California Affiliate staff and family is one

of the most wonderful groups of people I

have ever had the privilege of working

with, which made it impossible for me not

to ask to serve on the Board for one last

term.

Incumbent: Yes

Nominated by: Board of Directors

David B. Oppenheimer

I am honored to have been nominated

for membership on the ACLU-NC Board

of Directors. I am a law professor at the

University of San Francisco, where I teach

and write in the field of discrimination law

and supervise law students in a civil rights

clinic. Prior to coming to USF in 1987, I

spent four years directing a discrimination

law clinic at Boalt Hall School of Law. I

have extensive experience at the trial and

appellate level in the areas of discrimina-

tion and First Amendment law. My pri-

mary professional interest is the protection

of constitutional and civil rights.

The ACLU-NC has a vital role in the

protection of Constitutional rights. If elect-

ed, I hope to contribute to its work by help-

ing to build a financially stronger

organization, and increasing the ties be-

tween the ACLU-NC and the valuable le-

gal resources of Northern California's law

schools.

Incumbent: No

Nominated by: Board of Directors

Howard M. Shryock

I have over 20 years experience as an

activist mainly engaged in fighting against

censorship of erotica, for separation of

church and state, and for human rights of

"mental patients." For most of that time I

was an ACLU member but a discouraged

one because the ACLU was and still is too

weak on position and action with those

three causes. I am now an officer of

SFACT (San Franciscans Against

Censorship Together).

I want the ACLU to make those three

causes and the defense of Roe v. Wade its

top four priorities. I want the ACLU to re-

-cruit millions of members through in-

creased volunteer activism and by

addressing the concerns of working peo-

ple. For more information, write me at PO

Box 149, San Francisco, CA 94101.

Incumbent: No

Nominated by: Petition

Bill Tamayo

Since 1979, I have been a staff attorney

with the Asian Law Caucus emphasizing

the practice of immigration and nationality

law and related immigrants' rights issues.

The Asian Law Caucus has enjoyed work-

ing with the ACLU-NC on issues such as

the reopening of the Korematsu Japanese-

American internment case, challenging im-

migration raids, fighting repressive immi-

gration legislation, and opposing English

Only policies.

I have had the opportunity to work with

the ACLU both locally and in Washington,

D.C. on important issues for 7 years, and

have been impressed by its effectiveness

and support. After joining the ACLU-NC

Board in 1985 I have served on its

Development, Field, and Legislative

Committees. I have also given presenta-

tions for panels and workshops at ACLU-

NC annual conferences since 1983. In the

coming years the ACLU will play an even

more critical role in defense of civil liber-

ties. I want to continue my tenure on the

Board in order to further develop and im-

plement the ACLU's program.

Incumbent: Yes

Nominated by: Board of Directors

aclu news

june-july 1989

New Board Members

avid Drummond and Marlene De

Di have been appointed to

serve on the ACLU-NC Board of

Directors to fill the interim vacancies

created by the resignations of Board mem-

bers Jim Morales and Leigh Ann Miyasato.

Morales, who served as a Vice-Chair of

the Board, was recently appointed to the

San Francisco Planning Commission.

- Drummond has been active in student

politics at Stanford Law School where he

is a third year student. He is an officer of

the Public Interest Law Foundation and a

member of the Black Student Association.

Drummond, who worked on the 1988

Jackson presidential campaign, will be

working with the Palo Alto law firm of

Wilson, Sonsini, Goodrich and Rosati after

graduation.

De Lancie first became a member of

the ACLU while a graduate student at U.C.

Berkeley during the "loyalty oath" days.

De Lancie has been the Chair of the Bill of

Rights Campaign, the annual grassroots

fundraising effort of the ACLU-NC since

1987 and has served on the ACLU-NC

Board of Directors as an at-large member

and as the representative from the North

Peninsula Chapter. She has also served on

the ACLU-NC Pro-Choice Task Force, the

Northern California Coalition against the

Death Penalty and the Board of Planned

Parenthood of San Mateo County.

A Legacy

Several devoted ACLU supporters have

died recently and left generous bequests to

the ACLU, thereby helping to ensure the

preservation of the Bill of Rights for future

generations.

Charlotte Barna, Beth Kendall Fair,

Robert Gurnett, John Mayne, Josephine

Mills, George Perman, Mary Grace Rubo,

and Leslie Graham Woodstock are remem-

bered with our deepest gratitude.

of Liberty

Their bequests, totaling $91,344 to the

ACLU Foundation of Northern California,

reflect a profound commitment to civil

liberties.

If you would like more information

about naming the ACLU Foundation in

your will, please contact Associate

Director Martha Kegel, ACLU-NC, 1663

Mission Street, Suite 460, San Francisco,

CA 94103 or call 415/621-2493.

Tune your Radio Dial

to `"Taking Liberties"'

oes the cur-

rent crack

crisis justify

fighting drug crime

with teenage cur-

fews, evictions from

public housing and

prosecution of ad-

dicted new mothers?

Does freedom of ex-

pression mean that

racist posters should

be allowed in college

dorms? Should anti-

abortion demonstra-

tors be allowed to

block the doors of

Planned Parenthood

clinics?

Today's society

poses many ques-

tions where rights are'

in conflict. "Taking

Liberties", a new ra-

dio series which pre-

miers on KPFA 94.1

FM on Wednesday,

Shout Protest Cheer Debate Lobby Dissent

Inform Argue Applaud Condemn Challenge

Criticize Educate Protect Object Praise

Oppose Persuade Discuss Sue Denounce

Boo Commend Support Preserve Convince

Speak Out Defend Win

ee ae

AMERICAN CIVIL LIBERTIES UNION

NEVER SILENT

= =" ACLY

Never Silent About

Privacy Rights

| want to make my voice heard. Please sign me up as a member of

the ACLU. | am enclosing my annual membership dues in the category | have

checked:

____ $20 Basic individual __ $30 Joint ___ $5 Limited income

___ | am already an ACLU member. | would like to make an extra contribution.

(Membership dues and contributions to the ACLU help support our lobbying programs and

therefore are not tax-deductible for charitable purposes.)

Please clip coupon and mail with check to:

ACLU-NC, Membership Department

1663 Mission St., Suite 460, S.F., CA 94103.

if you would like information about how to make a tax-deductible dona-

tion to the ACLU Foundation, please call 415/621-2493 or write Sandy

Holmes, ACLU-NC Foundation, at the above address

July 5 at 7:30 pm,

will debate these

thorny questions and

explore how the Bill

of Rights affects our

everyday lives. fy

The monthly pro- [poundpound

gram, hosted by

Public Information

Director Elaine 1

Elinson, will include

expert guests on drug

testing, English Only

laws, reproductive

rights, school censor-

ship and other cutting edge questions.

The first program will feature ACLU-

NC staff attorney Matthew Coles address-

ing the impact of the AIDS epidemic on

civil liberties. Coles will speak about the

effect of Proposition 96, which mandates

forced HIV tests for certain arrestees, job

and housing discrimination against with

Pacifica Foundation

AIDS, and the current lawsuit against the

Department of Corrections concerning

prisoners with AIDS.

So, tune your dial to KPFA 94.1 FM.

on Wednesday, July 5 at 7:30 pm for

`Taking Liberties."

Millie Edmondson

illie Edmondson, a veteran civil

M liberties activist and Complaint

Counselor at the ACLU-NC,

died of cancer in her San Francisco home

on May 2 at the age of 75.

Every Monday for many years,

Edmondson staffed the Complaint Desk at

the affiliate office. "With compassion,

warmth and a breadth of knowledge about

civil liberties, she advised callers to the

ACLU who felt their rights had been vio-

lated," said ACLU-NC Executive Director

Dorothy Ehrlich. "This is one of the most

difficult volunteer jobs in northern

California, and Millie did it with incredible

enthusiasm and commitment."

Edmondson, a graduate of the

University of California at Berkeley, had a

long history as a counselor and advocate.

She worked for the state Department of

Employment until World War II, when she

became labor liaison for the War

Manpower Commission for the Bay Area.

Later she was a counselor for the

California Department of Rehabilitation,

the Morrison Center for Rehabilitation and

the University of California. She also

taught rehabilitation counseling at San

Francisco State.

Edmondson was active in the tenants

association of the Golden Gateway, and

was also a member of the Gray Panthers,

the Unitarian Universalist Church and the

World Affairs Council.

A fighter for peace and social justice

with a life long interest in Latin America,

Edmondson traveled to Nicaragua in 1985

on a delegation led by Abbie Hoffman.

She is survived by her daughter,

Patricia Bess Kendall.

aclu news

june-july 1989

POLITICS AND MORALITY:

The ACLU'S Role in the Campaigns for

Reproductive Rights and Against the Death Penalty

ACLU OF NORTHERN CALIFORNIA 1989 CONFERENCE

Organized by the ACLU of Northern California

co-hosted by the Marin and Sonoma County Chapters

Saturday, August 12 and

Sunday, August 13 -

Sheraton Round Barn Inn

3555 Round Barn Blvd., Santa Rosa, CA

Come Spend a Wonderful L - CONFERENCE COSTS

: 0x00B0 e (all rates are per person)

Weekend in the Wine S l G t

Country! Pp ecla UESLS A. Registration: $20.00

(Send payment, with coupon, to

I ti EDMUND G. BROWN, JR.* MICHAEL LAURENCE ACLU-NC.)

Inspiration... Camaraderie... Current Chair, California Democratic Coordinator Meals:*

0x00B0 0x00B0 Party (Make arrangements directly

oo a: LUZ ALVAREZ MARTIN EZ with the Sheraton Round Barn

MARGARET CROSBY Director, National Latina Health Inn by contacting them at their

Expert keynote speakers, ACLU-NC Staff Attomey, Expert in Oran ae ee ees number, 1-

panelists, and workshop ee eee _ PAT PARKER* Tho apions ie avaiable

leaders focusing on the 1989 AILEEN HERNANDEZ ee eae 1. Meals and Lodging

Field Program priorities: Founding chair, National Organization `phiactanestes ae

reproductive rights and for Women; Current Board member, CARMEN VAZQUEZ (double aocibancy cies teas

ier Death Penalty Focus of California; Lesbian and Gay Health Services (Gainrda ivnch and dines

death penalty opposition National Advisory Board member, Coordinator, San Francisco Department re inch, ee oeariel

and the ACLU-NC Board American Civil Liberties Union of Public Health Pe eae ine

Meeting open to conference 2. Meals-Only ae a

participants. *Invited, to be confirmed Includes Saturday lunch and din-

Additional speakers to be announced 3 ner; Sunday lunch.

.

Beautiful accommoda-

tions, good food... swim-

ming, sauna, hiking/

running irails... Reception

sponsored by the Marin and

Sonoma County Chapters ...

Sunday continental breakfast

compliments of the 1989 Bill

of Rights Committee.

ee se Se eS eS

YES! I/We want to be at the Annual Conference in Sonoma County:

Please note any dietary restrictions or preferences:

Please send checks or money orders only, made out to the ACLU-NC.

*N.B. All conference lodging and

meals arrangements should be made as

soon as possible, but no later than July

21, to insure the special conference rate.

The Sheraton Round Barn Inn does

not charge a lodging fee for guests un-

der 18 years of age; therefore, the

$45.00 "meals only" package would ap-

ply to those under 18 who would like to

be included in conference meals.

1663 Mission Street, #460

San Francisco, CA 94103.

A limited number of full or partial

scholarships are available. To apply,

I I

I i

i NAME(S) i Childcare will be provided through-

out the conference, except at meals.

I ADDRESS I The Sheraton Round Barn Resort

i | Hotel is wheelchair accessible.

CITY, STATE, ZIP _ PLEASE MAKE YOUR HOTEL

I | -_ RESERVATIONS BY JULY 21.

| TELEPHONES DAY EVE ee

: ONES) | : | ROUND BARN INN AT 1-800-833-

9595.

| I/We enclose a total of $ for person(s) for [$20 per person] conference registration(s). I

| 1/We have contacted the Sheraton Round Barn Inn to reserve: lodging/meals OR meals only. I SEND Vouk ERIE ALONG

I Ge sure to let the Sheraton staff know who your roommate will be; if you don't have a roommate, we will assign one. [ WITH Aan Cis BELOW TO:

i. ; I onference

Will you want childcare?__-s Number and ages of children ACLU-NC

I I

I I

| i

| I

I I

THANK YOU! WE LOOK FORWARD TO SEEING YOU AUGUST 12 AND 13!

please contact Marcia Gallo at 415/

621-2493.

x

aclu news

8 june-july 1989

Dr. Doe v. FBI...

Continued from page 1

not include "invasive" procedures, Dr.

Rutherford testified. Rutherford described

the risk of HIV transmission during

Kroutine physical as "vanishingly small."

Dr. Doe's attorneys, who include Coles,

JoAnne Frankfurt of the Legal Aid

Society's Employment Law Center, and

Kirke M. Hasson and Christopher Byers of

Pillsbury, Madison and Sutro, argued that he

has followed CDC guidelines and that his

medical condition presents no risk of in-

fecting patients during physical exams

Rehabilitation Act

Coles explained that with the 1978

amendments to the Rehabilitation Act, it

was the intent of Congress to prevent dis-

crimination by any federal agency on the

basis of disability or medical condition.

"This case underscores the need for en-

forcing the Rehabilitation Act which was

designed to prevent discrimination based

on inappropriate fear of disabilities - in-

cluding AIDS," Coles said.

Frankfurt, who presented the opening

statement in the trial, said, "It is clear that

the FBI violated Dr. Doe's constitutional

right to privacy and that Dr. Doe was dis-

criminated against solely because he has

AIDS - despite the fact that he represents

no health or safety risk to his patients.

"We believe that the FBI's reactions are

the result of misplaced fears and unwarrant-

ed stereotypes about AIDS and that such

discrimination by a branch of the federal

government should not be condoned," she

added.

The case was heard before U.S. District

Court Judge Charles Legge who indicated

that he would be making his decision

within the next few weeks.

Privacy for Planned Parenthood ...

Continued from page I

numbers of Planned Parenthood clients,

and seize every opportunity to humiliate

them with direct confrontations to increase

their pain at a time when the clients are

seeking help with difficult and highly per-

sonal problems in their lives.

"Their evident purpose in seeking

these names and other information is to

commence a further siege on the privacy of

Planned Parenthood's clients and patients,"

Bortin charged.

Planned Parenthood Director Estes un-

derscored the protection of privacy provid-

ed to clients. "Because all of our services

deal with the sexual activities of our pa-

tients, confidentiality of patient records is

critical to Planned Parenthood," she

explained.

"Our patients are assured that their

records will remain confidential. When we

provide services that may require contact-

ing the patients outside our office (for ex-

ample, pregnancy test results), we ask the

patient whether she wants to be contacted

away from her home. If she must be

reached at home but still wishes confiden-

tiality, we arrange to call her without men-

tioning Planned Parenthood's name," she

added.

"If we were forced to reveal our pa-

tients' names, addresses, phone numbers

and the services we had provided them,

many patients would simply not come to

the clinic," Estes said.

The ACLU-NC is asking the court to

quash the subpoena obtained by the

Operation Rescue defendants on the

grounds that such a disclosure would vio-

late state and federal constitutional rights to

privacy.

New Drug Laws ...

Continued from page 2

Criminal solutions to the drug problem

make little sense. The current inmate popu-

lation in California is 80,886. As of May,

all state prisons were jammed in excess of

their design capacity. A substantial per-

centage of this population is incarcerated

directly or indirectly for drug-related of-

fenses. The Department of Corrections esti-

mates that at the current rate of

incarceration -400 new inmates a week

-there will be 136,000 inmates in the state

prisons by 1994. According to the CDC, up

to 20 new prisons will have to be built to

meet this demand. Construction costs alone

would exceed $3 billion.

Amidst this madness, voices of reason

and reform over the drug problem are be-

ginning to be heard. Last year, Baltimore

Mayor Kurt Schmoke called for a national

debate over drug policy - including dis-

cussion of decriminalization. Although this

proposal is still unpopular, it has slowly

gained a measure of legitimacy. The

_ ACLU has a vital role to play in the articu-

lation of a clear civil liberties justification

for ending criminal prohibition of drugs.

Used Books ...

Continued from page 2

brought that to the Council's attention,

they decided it was not an ordinance they

were going to try to enforce against Mr.

Christenson," Larson said.

Instead, on May 22 the Council sus-

pended the ordinance and sent it back to

the Planning Commission for revisions.

"We are gratified that the Council de-

termined that there were serious First

Amendment issues raised by the ordi-

nance," said Larson.

"The City never did attempt to identify

any governmental interest in this ordi-

nance, so to this day I don't what this inter-

est may have been," he concluded.

Media...

Continued from page 3

The Supreme Court opinion stated,

"Presumably, the news media generally

publish and broadcast only matters that the

media believe are of public interest, and the

media defendant in every defamation ac-

tion would therefore argue that the commu-

nication was a matter of public interest."

But ACLU-NC attorney Haughton disa-

greed. "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," he said.

The decision resolves an issue which

has divided California's appellate courts

(Chapter meetings are open to all inter-

ested members. Contact the chapter acti-

vist listed for your area.)

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

Richmond-Kensington) Chapter

Meeting: (Usually fourth Thursday) No

meeting in May. Thursday, June 22.

Members are encouraged to join the

Chapter Board, help staff the hotline, and

organize activities in the Berkeley area.

Contact Tom Sarbaugh 415/428-1819

(day) or Florence Piliavin 415/848-5195

(eve.)

Earl Warren (Oakland/Alameda

County) Chapter Meeting: (Usually

second Wednesday) Wednesday, June 7

and Wednesday, July 12. Kick off stu-

dent outreach -- help plan Student Law

Day. Join the fight to have a strong

Citizens Review Board to monitor police

practices in the East Bay. For more in-

formation: contact Abe Feinberg, 415]/

451-1122.

Fresno Chapter Meeting: (Meeting

days to be determined.) New members

always welcome! Contact Mindy Rose,

209/486-7735 (eve.).

Gay Rights Chapter Meeting: (Usually

first Wednesday) Wednesday, June 7 and

Wednesday July 5, 7 pm, ACLU office,

1663 Mission Street, Suite 460, SF.

Lesbian and Gay Freedom Day Parade

Sunday, June 25. Look for the Chapter

booth at the fair.If you are interested in

staffing the table, contact Doug Warner,

415/621-3900. Death Penalty Action

Campaign Educational Forum with

speaker from Amnesty International at

the July Sth meeting. Watch for an-

nouncement of Annual Meeting to be

held in September.

Marin County Chapter Meeting:

(Usually third Monday) Annual Meeting

and Potluck, Sunday, June 4, 12:30 pm,

Dominican College, Bertrand Hall fea-

turing Death Penalty Action Campaign

Workshop with Amnesty International.

Contact Deborah Doctor, 415/331-6213

for more information. Note new meeting

location: July 17 meeting at Mill Valley

Library, 375 Throckmorton.

Mid-Peninsula (Palo Alto area)

Chapter Meeting: (Usually fourth

Wednesday) Wednesday, June 28, 8:00

pm, All Saints Episcopal Church, 555

Waverly, Room 15, Palo Alto. July

meeting date to be determined. For more

information contact Harry Anisgard,

415.856-9186 or Leona Billings, 415]/

326-0926.

Monterey Chapter Meeting: (First

Field Program

Monthly Meetings

Tuesday of the month) Tuesday, June 6,

7:30 pm, Death Penalty Forum and

Tuesday, July 11, at Monterey Library,

Pacific and Jefferson Streets, Monterey.

No August meeting. Contact Richard

Criley, 408/624-7562.

Mt. Diablo (Contra Costa County)

Chapter Meeting: (Third Thursday of

the month) Sunday, June 18 Mt. Diablo

Chapter Theater Party Fundraiser:

see "Pump Boys and Dinettes" at the

Walnut Creek Civic Arts. For more in-

formation contact Betty Kunkel 415/935-

3585. Save the date for our Annual

Meeting: August 27. Contact Beverly

Bortin 415/934-1927.

North Peninsula (San Mateo area)

Chapter Meeting: (Usually third

Monday) Monday, June 19 Death

Penalty Forum with Amnesty

International. Monday, July 17. Contact

Ward Clark, 415/593-1260.

Sacramento Valley Chapter Meeting:

(Usually second Wednesday) No June

meeting; July 12, 6:30 pm, at Joe

Gunterman's home, 2222 D Street,

Sacramento. Contact Joe Gunterman .

916/447-8053.

San Francisco Chapter Meeting: (Note

Change: Now fourth Monday of the

month) Monday, June 26, ACLU office,

1663 Mission Street, Suite 460, San

Francisco. Contact Marion Standish,

415/863-3520.

Santa Clara Chapter Meeting:

(Usually first Tuesday) Tuesday, June 6,

7 pm, 111 North Market, 2nd floor

Conference Room, San Jose. Meeting

will feature ACLU-NC Staff Counsel

Alan Schlosser speaking about the law-

suit challenging INS workplace raids

now being heard in U.S. District Court

in San Jose. For information on July

meeting, 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, June

15 and July 20. Contact Judy McCann,

707152779381 (days).

Yolo County Chapter Meeting:

(Usually third Wednesday) Wednesday,

June 21. Summer meeting dates to be

determined. Contact Casey McKeever,

916/666-3556.

for many years: whether California law

making certain communications "privi-

leged" should be read narrowly to protect

only such communications as employee

references, or broadly to protect all media

speech on matters of public interest.

"We see no reason to deny California

citizens protection for their reputations

equal to that provided in other states,"

wrote Justice David Eagleson in the 74- -

page opinion, referring to the fact that 40

other states have similar legislation.

In addition to the ACLU, amicus briefs

were filed on behalf of 19 news organiza-

tions including the Associated Press, the

Los Angeles Times and the McClatchey

Newspapers. The news agencies had

argued that a negligence standard would

have a chilling effect on publishing or

broadcasting stories.

The case now returns for trial to

Sacramento Superior Court.