vol. 54, no. 1

aclu news

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Volume LIV

January-February 1990

No. 1

Roe v. Wade Anniversary

Thousands in Capitol Celebrate Choice

nder a _ banner _ proclaiming

"Celebrate Choice - Let

Freedom Ring!" over 2,500 pro- -

choice supporters rallied on the West

Steps of the State Capitol in Sacramento

on January 22. According to ACLU

Legislative Director Margaret Pefia, a key

organizer of the day's events, "This was

the largest pro-choice event ever held in

Sacramento."

The rally was held to commemorate

the 17th anniversary of Roe v. Wade, the

landmark United States Supreme Court

decision guaranteeing every woman the

right to choose an abortion. Appropriately,

the keynote speaker at the rally was

Norma McCorvey, the original "Jane

Roe" in the historic women's rights case.

McCorvey received a prolonged. ova-

tion when she said that she had no idea

back on January 22, 1973 that the right

would be challenged again, but that

"We're still fighting and we'll continue to

fight for as long as the fight goes on."

The rally, which was chaired by

ACLU-SC Executive Director Ramona

Ripston, was also addressed by Assembly

Speaker Willie Brown, Senate Majority

Leader Barry Keene and Senator Lucy

Killea, whose election six weeks ago drew

national attention when San Diego

Catholic Bishop Leo Maher told her she

could no longer receive communion be-

cause of her stance on the choice issue.

The noontime rally highlighted the

day's activities which were organized by

Continued on page 3

Pro-choice advocates from all over California held the largest pro-choice rally ever on the Capitol steps on January 22.

Dick Grosboll

Police Intelligence

Guidelines Revealed

- by Paul Stein

he San Francisco Police

Department's guidelines regulating

intelligence gathering on political

protest groups have been opened up to

public scrutiny by a December 1 state

Court of Appeal ruling in ACLU vy.

Jordan.

The decision caps a five year battle by

the ACLU-NC to gain access to the guide-

lines as part of a broad based attempt to

make the Police Department accountable

for their wide ranging intelligence gather-

ing activities.

"This comes as a significant victory af-

ter the long series of indications we've

seen that the Police Department has been

involved in investigating legal, non-

violent protest groups," said ACLU-NC

staff attorney Ed Chen who argued the suit

in court.

Chen charged that the. police depart-

ment maintains a "regime of secrecy," and

added that San Francisco is "light years

behind cities like Seattle, Chicago, New

York and Los Angeles, which disclosed

their intelligence policy guidelines long

ago."

The decision stems from a lawsuit filed

by the ACLU-NC under the California

Public Records Act against the department

in 1984 following police surveillance and

harassment of the Ku Klux Klan during

the Democratic National Convention in

San Francisco.

Modeled on the federal Freedom of

Information Act, the state Public Records

Act provides for disclosure information

about governmental operations.

The appellate court ruled that the de-

partment must also reveal four documents

from their Klan files, including a memo on

the Klan's plan to demonstrate at the

Convention and information on other Klan

activity from 1978-1983.

Under the ruling, 27 other Klan-related

documents sought by the ACLU-NC were

declared exempt from disclosure because

they contain sensitive information, includ-

ing the names of confidential police

sources.

The regulations disclosed govern the

"circumstances under which an investiga-

tion may begin, and the permissible scope,

duration, subject matters, and objective

matters of an investigation."

The department contended that reveal-

ing the full contents of the document, enti-

tled San Francisco Police Intelligence

Division Guidelines for General Crimes,

Organized Crimes and Domestic Security/

Terrorism Investigations, would give

criminals "the blueprint of the division's

operations."

However, the court ruled that the

guidelines were not complete enough to

constitute a specific "gameplan" and that

disclosure would not put confidential po-

lice sources at risk.

The decision coincided with a report

by the city Human Rights Commission

Continued on page 6

1990-91 Board Elections

s provided by the ACLU-NC by-

A laws, revised in 1980, the ACLU-

a NC membership is entitled to elect

its 1990-91 Board of Directors directly.

The Nominating Committee is now seek-

ing suggestions from the membership to

fill at-large positions on the Board.

ACLU members may participate in the

nominating process in two ways:

1. They may send suggestions for the

Nominating Committee's consideration by

April 2, 1990. (Address suggestions to:

Nominating Committee, ACLU-NC, 1663

Mission Street, San Francisco, CA 94103.

Include your suggested nominee's qualifi-

cations and how the nominee may be

reached.)

2. They may submit a petition of nom-

ination with the signatures of 15 current

ACLU members. Petitions of nomination,

which should also include the nominee's

qualifications, must be submitted to the

| Board of Directors by May 30, 1990 (20

days after the May Board of Directors

meeting.)

(Current ACLU members are those

who have renewed their membership dur-

ing the last 12 months. Only current mem-

bers are eligible to submit nominations,

sign petitions of nomination, and vote.)

ACLU members will select Board

members from the slate of candidates nom-

inated by petition and by the Nominating

Committee.

The ballot will appear in the June/July

1990 issue of the ACLU News.

ARTICLE VII, SECTION 3: The fi-

nal report of the Nominating Committee to

nominate members-at-large to the Board

will be presented at the May Board meet-

ing. [The May Board meeting will be held

on May 10, 1990.) Members of the Board

may propose additional nominations. If no

additional nominations are proposed by

Board members, the Board, by majority of

those present and voting, shall adopt the

Nominating Committee's report. If addi-

tional nominations are proposed, the Board

shall, by written ballot, elect a slate of

nominees with each member being entitled

to cast a number of votes equal to the va-

cancies to be filled; the Board slate of

nominees shall be those persons, equal in

Continued on page 3

aclu news

2 january-february 1990

The Wilson Initiative:

=

Undoing the California Constitution

by Michael Laurence

The Wilson "Anti-Crime" initiative is.

already the center of a political storm -

which will intensify as the June election

nears. Because of its threat to the

California Constitution, it has aroused the

opposition of many legal, public policy,

and community groups around the state. In

this article, ACLU-NC attorney Michael

Laurence presents an initial analysis of the

initiative. Future issues of the ACLU News

will probe different aspects of the initiative

and alert members as to how they can

become active in the opposition campaign.

I the fate of one of the most far-

reaching initiatives in recent memo-

ry, the so-called Crime Victims Justice

Reform Act. In so doing, voters will also

be deciding whether to protect fundamen-

tal rights currently guaranteed by the

California Constitution.

Crime in California is a major prob-

lem, one that deserves the utmost atten-

tion from public leaders. This initiative,

however, fails utterly to reduce crime in

our state or to assist victims of crime.

The initiative, drafted and sponsored

_by the California District Attorneys

Association and endorsed by Senator Pete

Wilson (therefore also known as the

"Wilson Initiative"), promises to be the

focus of intense debate in upcoming

months. Playing on the public's fear of

crime, proponents have assembled a

wholesale "wish list" of measures to gut

the protections afforded to those accused

of crime in California. Moreover, by elim-

inating key provisions of the California

Constitution, the measure may affect a

n June, California voters will decide

whole range of privacy rights, including -

the right to choose an abortion, protec-

tions against enforcement of arcane sodo-

my laws, and guarantees of confidentiality

of medical records.

The ACLU opposes the initiative be-

cause it represents a serious threat to the

civil liberties of all persons in California.

The measure may affect a whole range of

privacy rights, including the right to choose an

abortion, protections against enforcement of

arcane sodomy laws, and guarantees of

confidentiality of medical records.

tive rights uniquely protected by the

California Constitution, including the use

of the California right to privacy as a de-

fense in a criminal proceeding; (2) severe-

ly curtail a criminal defendant's rights to

a fair trial and to present a defense; (3) ex-

pand the scope of the death penalty, while

at the same time removing important pro-

tections now afforded capital defendants;

and (4) impose arbitrary and unnecessary

punishments.

Some of the more prominent features

of the initiative include:

cent Eliminating independent state

constitutional protection for criminal

defendants. The California Constitution

- like many state constitutions - has al-

ways provided protections that differ from

those guaranteed by the U.S. Constitution.

The need for different protection stems

from the unique concerns and problems of

the state. For example, the people of

California have long insisted on greater

protection of a person's privacy than that

recognized under the U.S Constitution.

Thus, the California Constitution's priva-

cy provision protects a woman's right to

choose an abortion to an extent greater

than that provided by the USS.

Constitution.

The initiative will severely curtail the

rights guaranteed by the California

Constitution. The measure eliminates

state constitutional protections of criminal

defendants that exceed the protection de-

lineated by the U.S. Supreme Court. As

The measure would (1) eliminate substan- an amendment to the California

i ! want te protect the California Constitution I

! Please send me more information on the campaign against the Wilson I

I initiative.

1 3 Please contact me to volunteer for the campaign.

I

jy Name: I

I Address:

City, State, Zip: - 1 Telephone: (days) (eves) i

I i

Please return this coupon to I

1 Californians for Privacy, ACLU-NC

1663 Mission St., San Francisco, CA 94103

Ee a ee ee ee

Constitution, the initiative would require

the following provisions to be interpreted

in criminal cases identically to the federal

Constitution: equal protection, due pro-

cess, assistance of counsel, right to be

present with counsel, speedy and public

trial, compulsory attendance of witnesses,

confrontation of witnesses; search and sei-

zure; privacy; self-incrimination, double

jeopardy, and cruel or _ unusual

punishment.

The loss of these rights would be dev-

astating to the people of California.

However, the loss to the California sys-

tem of governing its people might be even

more serious. By making California rights

identical to those of the federal govern-

ment, the initiative eliminates the

California rights. By _ federalizing

"California" rights, the initiative forever

precludes our state from adapting differ-

ent, more protective rights for the benefit

of Californians.

By lowering our level of rights to the

common federal denominator, California

will lose the opportunity to address the

unique concerns of its people.

cent Eliminating the right to a prelimi-

nary hearing. Under current law, a crimi-

nal defendant is entitled to a preliminary

hearing in which an independent judicial

officer decides whether the prosecution

has sufficient evidence to proceed with

the case. If the case lacks merit, the charg-

es are dismissed and the innocent party no

longer faces the ordeal of lengthy court

proceedings. The initiative eliminates pre-

liminary hearings altogether if the felony

is prosecuted by indictment from a grand

jury. In addition, the initiative fundamen-

tally changes the nature of the proceeding

for those criminal cases in which the right

to a preliminary hearing remains.

The initiative ignores the fundamental

purpose of a preliminary hearing: to serve

as an essential check on abusive govern-

mental action. When the right to a prelim-

inary hearing is curtailed, the protection

of the innocent against protracted and ex-

pensive legal proceedings is undermined.

ACLUN_1981.MODS ACLUN_1981.batch ACLUN_1982 ACLUN_1982.MODS ACLUN_1982.batch ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1984.batch ACLUN_1985 ACLUN_1985.MODS ACLUN_1985.batch ACLUN_1986 ACLUN_1986.MODS ACLUN_1986.batch ACLUN_1987 ACLUN_1987.MODS ACLUN_1987.batch ACLUN_1988 ACLUN_1988.MODS ACLUN_1988.batch ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1990.batch ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_1999 ACLUN_1999.MODS ACLUN_ladd ACLUN_ladd.MODS add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log Curtailing the right of those ac-

cused of crimes to choose an attorney

and seriously undermining the protec-

tions against unfair trials. The initiative

requires that any attorney indicate that he

or she is ready for the preliminary hearing

or trial. If counsel has other matters, the

case will be reassigned and/or sanctions

imposed on the attorney. Although the

purported goal of this provision is to in-

crease the swiftness of justice, the effect

will be to restrict the ability of a criminal

defendant to obtain counsel of choice and

to prepare for trial.

Justice is not served by requiring crim-

inal defendants to proceed to trial unpre-

pared or with inexperienced or inadequate

- counsel. Due process must be afforded to

all criminal defendants and all persons

must be presumed innocent until proven

guilty. The initiative would force a defen-

dant to choose between proceeding to trial

unprepared or giving up the right to coun- -

sel of his or her choice.

In addition, the "assembly-line" pro-

cess envisioned by the drafters of the ini-

tiative will increase rather than decrease

the cost and delay of the criminal process.

In order to comply with the initiative's

mandates, counties will be forced to in-

crease greatly the number of county public

defenders and the use of appointed attor-

neys. Moreover, courts will have to rely

more on inexperienced attorneys to com- -

ply with the initiative's mandate, thereby

increasing the chance of mistakes and re-

versals in the appellate process.

ACLUN_1981.MODS ACLUN_1981.batch ACLUN_1982 ACLUN_1982.MODS ACLUN_1982.batch ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1984.batch ACLUN_1985 ACLUN_1985.MODS ACLUN_1985.batch ACLUN_1986 ACLUN_1986.MODS ACLUN_1986.batch ACLUN_1987 ACLUN_1987.MODS ACLUN_1987.batch ACLUN_1988 ACLUN_1988.MODS ACLUN_1988.batch ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1990.batch ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_1999 ACLUN_1999.MODS ACLUN_ladd ACLUN_ladd.MODS add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log Expanding the use of the death

penalty. California already has one of the

most expansive death penalty laws in the

nation, a law that has been used to produce

the third largest death row in the country.

Yet this initiative would expand even fur-

ther the application of the death penalty by

adding a number of special circumstances

to the law requiring a capital sentence.

cent Expanding the punishment for

murder without any considerations for

the penological purpose te be served.

The initiative greatly expands criminal

penalties for murder and provides that 16

and 17 year olds must be sentenced to life

without the possibility of parole or 25 to .

life if a special circumstance is proved.

By mandating that children 16 and 17

years old must be sentenced to life without

the possibility of parole or 25 years to life,

the initiative drafters have made the deter-

mination that these children are beyond re-

habilitation or redemption. Such generic

applications of severe criminal penalties

violate norms of common decency and

common sense.

The debate that will rage over this ini-

tiative during the next six months may be

one of the most important public discus-

sions in the state - and yet it may also be

one of the most misunderstood. The

ACLU is working with a statewide coali-

tion of legal, public policy and community

organizations in an effort to educate the

"public about the true intent and impact of

the Crime Victims Justice Reform Act and

to mobilize opposition to it..

Rather than advancing a solution to the

crime problem, the initiative will further

hinder crime control efforts and may has-

ten the elimination of cherished provisions

~ in the Califomia Constitution.

Attorney Michael Laurence is the

Director of the ACLU-NC Death Penalty

Project.

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 Typography

1663 Mission St., 4th Floor

San Francisco, California 94103

(415) 621-2488

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

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

aciu news

january-february 1990 3

Pro-Choice Celebration ...

Assemblywoman Delaine Eastin vowed to continue to raise the pro-choice voice in

the Legislature.

Dick Grosboll

Continued from page 1

the California Coalition. for Reproductive

Freedom and drew thousands of partici-

pants from around the state.

The ACLU plays a major role in the

Coalition, which also includes NOW,

California Abortion Rights League,

Planned Parenthood Affiliates of

California, the Religious Coalition for

Abortion Rights, California Medical

Association and other medical, women's

rights, legal and political organizations.

The ACLU-NC contingent, mobilized

by the Pro-Choice Action Campaign, met

prior to the rally in an ACLU hospitality

room in the Capitol with ACLU-NC

Executive Director Dorothy Ehrlich and

Legislative Advocate Francisco Lobaco.

ACLU members also attended showings of

a powerful new video "Abortion: for

Survival."

Before the rally, speakers at a Capitol

press conference, chaired by Eileen

~ Planned

Givens, President of California's

American Association of University

Women, emphasized that the anniversary

event was designed not only as a celebra-

tion but also to send a strong message to

state elected officials.

"Support for reproductive choice is

stronger than ever in California," said

Norma Clevenger, Executive Director of

Parenthood Affiliates of

California. "Here in California, we will not

tolerate the door being opened to accept

Webster-type restrictions. That door is shut

tight."

ACLU-NC staff attorney Margaret

. Crosby, who has litigated all the major re-

productive rights cases in the state, ex-

plained the current state of abortion nights

laws in California. Other press conference

speakers included McCorvey, Assembly

member Jackie Speier, Harriet Stinson of

Republicans for Choice, and Dr. Gilbert

Webb of the American College of

Obstetricians and Gynecologists.

After the noon rally, pro-choice sup-

porters delivered apple pies to legislators

and other state officials to emphasize the

message that choice is as American as

apple pie. The ACLU delegation personal-

ly delivered an apple pie to Governor

George Deukmejian. -

ACLU Legislative Director Margaret Pena (right) briefed Assemblyman John

Burton, Assemblyman Michael Roos and Speaker Willie Brown, Jr. (I.-r.) before the

rally.

Dick Grosboll

Abortion Rights Factsheet

Attorneys Crosby,

~ Coles Honored

CLU-NC staff attorney Margaret

Crosby's successful 12-year battle

with the state Legislature over

The ACLU-NC is publishing an updated version of our

popular factsheet After Webster: Reproductive Rights in

California. This two-page factsheet explains the current

laws on reproductive rights in the state of California and

explains how you can get involved in the fight to protect

every woman's right to choose. These facts at your finger-

tips are useful for speakers, organizers, and all those work-

right of minors to obtain an abortion with-

out parental consent.

Medi-Cal funding for abortion has earned Gay Rights Award ing in the pro-choice movement.

her acclaim and gratitude on a number of

public fronts. ACLU-NC staff attorney Matthew Send your request to:

At a December 10 event sponsored by

the West Los Angeles/Valley Democratic

Assembly, a political action committee,

Assemblyman Terry Friedman (D-L.A.)

presented Crosby with a state Assembly

Members' Resolution applauding her

"unique contributions to the state" and

congratulating her for "her successful liti-

gation protecting the right of women in

California to choose their reproductive

future."

Crosby's legal skill in defending repro-

ductive rights caught the eye of the media

as well. On January 2 she was named one

of the San Francisco Chronicle's "90

People for the '90's," along with ACLU-

NC Lawyers Council Campaign Chair

David Balabanian and other Bay Area not-

ables from a broad spectrum of professions

and the arts.

The newspaper noted her leadership on

recent decisions maintaining Medi-Cal .

funding for abortion and protecting the

Coles was chosen as the 1990 recipient of

the prestigious "Legal Service Award",

presented annually by Bay Area Lawyers

for Individual Freedom (BALIF).

BALIF is a 400-member coalition of

lawyers, legal workers and law students

committed to legal justice for lesbians and

gays.

According to BALIF Board member

Susan Gelmis, "Matt was the Board's

unanimous choice because we all felt it

was time that we publicly recognized his

outstanding commitment and work on be-

half of the lesbian and gay community."

BALIF cited Coles' pivotal role in

crafting domestic partnership legislation

throughout the state and his outstanding

civil rights litigation as a testament to his

leadership in gay rights legal activism.

The award was presented to Coles by

San Francisco Supervisor Harry Britt at

BALIF's tenth anniversary celebration at

the San Francisco Hilton on January 25.

Board Elections ...

Name

Continued from page 1 fifteen or more members of the Union in

good standing may themselves submit a Address

number to the vacancies to be filled, who ` nomination to be included among those City State Zip Code

have received the greatest number of voted upon by the general membership by

votes. The list of nominees to be placed submitting a written petition to the Board Telephone

before the membership of the Union for not later than twenty days after the adop- Best time to call

election shall be those persons nominated

by the Board as herein provided, together

with those persons nominated by petition

as hereafter provided in Section 4.

ARTICLE VII, SECTION 4: Any

tion by the Board of the slate of Board

nominees. No member of the Union may

sign more than one such petition and each

such nomination shall be accompanied by

a summary of qualifications and the writ-

ten consent of the nominee.

Pro-Choice Action Campaign, ACLU-NC

1663 Mission Street, #460

San Francisco, CA 94103

INVEST IN LIBERTY

and you will

cent Receive annual income for life

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e Receive an income tax deduction

Liberate your low-yield, highly-appreciated securities and 0x00B0

make them work harder for you-and for civil liberties!

Transfer them to the ACLU Foundation Liberty Fund,

ACLUN_1981.MODS ACLUN_1981.batch ACLUN_1982 ACLUN_1982.MODS ACLUN_1982.batch ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1984.batch ACLUN_1985 ACLUN_1985.MODS ACLUN_1985.batch ACLUN_1986 ACLUN_1986.MODS ACLUN_1986.batch ACLUN_1987 ACLUN_1987.MODS ACLUN_1987.batch ACLUN_1988 ACLUN_1988.MODS ACLUN_1988.batch ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1990.batch ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_1999 ACLUN_1999.MODS ACLUN_ladd ACLUN_ladd.MODS add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log Preserve civil liberties for future generations

_____ACLU Foundation Liberty Fund

--- Other life-income plans

Please send me free information on:

____ Remembering the ACLU Foundation in my will

Please send coupon to:

Martha Kegel, Associate Director

ACLU-NC

1663 Mission St., #460, San Francisco, CA 94103

aclu news

january-february 1990

The following round-up highlights the

Status at the end of the 1989 legislative

year of key bills. Bills which remain in pol-

icy committee are two-year bills and can

be taken up again in 1990.

CRIMINAL LAW

SB 2 (Lockyer), AB 1447 (Bradley) -

Death Penalty

These are the two major death penalty

bills of the year. Both expand the list of

special circumstances; provide for life

without possibility of parole for juveniles

convicted of murder; and impose the death

penalty where the defendant kills a person

while engaged in the commission of cer-

tain drug crimes. AB 1447 would addition-

ally impose the death penalty for the

killing of a victim under 7 years of age.

ACLU: Oppose

Status: Two-year bills.

_ AB 2512 (McClintock) - Death penalty .

This bill would substantially curtail the

right to habeas corpus relief for a defen-

dant sentenced to the death penalty.

ACLU: Oppose

Status: Two-year bill

SB 25 (Lockyer) - Sentencing

This is a major legislative proposal

completely revamping current sentencing

laws with the purported aim of simplyfing

a very complicated area of the law. As it

would result in substantial across-the-

board increases in sentencing, the criminal

defense bar is strongly opposed to this bill.

ACLU: Oppose

Status: Two-year bill

SB 664 (Davis) - Car searches

This measure would permit municipali-

ties to declare emergency zones allowing

police to randomly search cars for guns

without a warrant or any showing of

cause. This bill violates the Fourth

Amendment proscription against unrea-

sonable searches and seizures as well as

privacy laws. The majority of people sub-

jected to these searches would be minori-

ties, young people and others disfavored

by the police.

ACLU: Oppose

Status: Two-year bill

AB 271 (Stirling) - Self-incrimination

_ This bill, proposed as a weapon to

fight the drug war, attempted to limit a

person's Fifth Amendment right against

self-incrimination by eliminating

California's transactional immunity law

and allowing only the less protective use

immunity.

ACLU: Opposed

Status: Passed Senate; failed passage in

Assembly Public Safety Committee.

SB 295 (Nielsen), AB 436 (N. Waters),

AB 1038 (Allen) and SB 1112 (Torres)

- Drug sentencing

These are all bills which would alter

3 existing drug laws by requiring the defen-

dant to plead guilty or be convicted before

entering a drug diversion program. This

would frustrate the intent of solving the

problem of minor drug offenses outside of

the criminal justice system through treat-

ment programs.

ACLU: Oppose

Status: Two-year bills.

SB 1408 (Hart) - Genetic fingerprinting

This bill requires that persons convict-

ed of certain sex or violent crimes provide

blood and saliva samples at the time of

1989 Legisla

their release from prison for purposes of

DNA genetic testing.

Law enforcement officials will be al-

lowed access from a centralized computer

bank solely for criminal investigation pur-

`poses. DNA "fingerprinting" not only is

controversial within the scientific commu-

nity but raises major civil liberties con-

cerns. The ACLU was successful in

amending the bill to incorporate strong

privacy protections concerning storage,

use and disclosure of DNA samples.

ACLU: Opposed

Status: Signed by the Governor.

SB 145 (Nielsen), AB 187 (McClintock) -

Manslaughter

These bills attempted to expand the

definition of manslaughter to include the

unlawful killing of a fetus. These bills

were particularly dangerous because they

could be applied to a pregnant woman,

who through her own negligence termi-

nates her pregnancy.

ACLU: Opposed.

Status: Both bills failed passage in

Committee.

AB 1414 (Katz), SCA 34 (Keene) -

Crime initiative

These measures were a response to the

controversy surrounding the "Crime

Victim Justice Reform Act' initiative,

sponsored by the California District

Dateline: Sa

Paul Anderson

Attorneys' Association, which will be on

the June 1990 ballot The initiative severely

curtails criminal defendants' rights and

greatly expands use of the death penalty.

Additionally it removes the right of priva-

cy under the state Constitution in criminal

cases opening the door to enforcement of

criminal statutes restricting a woman's

right to choose an abortion. These two bills

were identical to the initiative except that

the language was modified in efforts to

avoid the privacy concerns.

ACLU: Oppose

Status: Two-year bills.

REPRODUCTIVE RIGHTS

1989-1990 Budget Act - Medi-Cal

Abortion Funds

The Legislature passed a Budget Act

which once again severely limited Medi-

Cal funding for abortions. The restrictive

amendments were defeated in the

Assembly on a vote of 38-31 but were nar-

rowly adopted by the Senate on a 21-19

vote. The restrictive language would have

limited abortion funding to incidents of

rape, incest, cases of fetal abnormality, or

to save the life of the woman. For the

twelfth consecutive year, the ACLU filed

suit challenging the restrictions and ob-

tained a favorable court decision striking

down the restrictive language.

ACLU: Opposed

Status: Funding restrictions passed in

Budget Act were struck down by the

Court of Appeal.

SB 1680 (Doolittle) - Office of Family

Planning

This was a legislative attempt to elimi-

nate the state Office of Family Planning

(OFP). The OFP provides essential family

planning and health services to tens of

thousands of low-income woman. Not only

is a state-financed family planning service

extremely cost effective but its elimination

would result in thousands of unwanted

pregnancies. While the bill did not pass,

the Governor eliminated two-thirds of the

OFP budget for this fiscal year; those cuts

are the subject of a pending lawsuit.

ACLU: Opposed

Status: Bill died in Legislature.

FN@el isis kone. ns

CARE

AB 328 (Margolin) - Health care

coverage

This legislation seeks to enact a pro-

gram to provide comprehensive health care

coverage for the 5.2 million Californians

who are uninsured medically. 80% of the

a

ative Report

Sacramento

uninsured are workers and their families;

22% of the children in this state are with-

out any health insurance. AB 328 would

establish a three-way partnership in which

employers, employees and the state com-

bine resources to provide universal access

to health care.

ACLU: Support

Status: Two-year bill.

PRIVACY

AB 539 (Moore) -

information

This bill provides individuals increased

Statutory rights to informational privacy. It

will allow individuals access to the status

and accuracy of personal information

about themselves which is being held and

divulged by private third parties (such as

credit agencies and information brokers)

and will permit individuals to maintain

some control over dissemination of this

information.

ACLU: Support

Status: Two-year bill

Access to

AB 314 (Leslie) - Arrest records

In its original form, this bill allowed

the Department of Social Services access

to arrest record information for job appli-

cants at both childcare facilities and resi-

dential centers for the elderly. The bill also

codifies the hearing procedure currently

used when a denial of employment is ap-

pealed. The ACLU argued that arrest in-

formation is notoriously inaccurate,

racially discriminatory and highly

prejudicial.

ACLU: Opposed

Status: Arrest record information

amended out of bill prior to signature

by the Governor.

AB 857 (Chandler) - Reporting on

pregnant women

This bill makes it a misdemeanor for a

health care worker to fail to report traces

of a controlled substance within a child's

system when the mother does not have a

prescription for the controlled substance. It

would also define child abuse to include a

situation where a child is born with detect-

able traces of a controlled substance.

Touted as an answer to the problem of

"crack" babies, the legislation undermines

the confidential nature of a doctor-patient

relationship by turning doctors and other

health care workers into informants. |

The ACLU and health care profession-

als argue that prosecution of women for

child abuse would not stop drug babies but

would instead force pregnant woman away

from vital pre-natal and post-natal care and

hospital deliveries.

ACLU: Oppose

Status: Two-year bill

FIRST AMENDMENT |

ISSUES

AB 2233 (Polanco) - Possession of ob-

scene material

This measure criminalizes mere private

possession of materials depicting minors

under 14 years of age engaging in or simu-

lating certain sexual conduct. The

U.S.Supreme Court in Stanley v. Georgia

held that possession of obscene materials

in one's residence could not be criminal-

ized. The ACLU argues that the state's in-

terest in protecting minors from harm is

best met through enforcement of current

laws.

ACLU: Opposed

Status: Signed by the Governor.

AB 2023 (Ferguson) - Newspaper

vending machines

The bill seeks to censor sexually ex-

plicit materials and restrict what adults can

read by banning the sale of "harmful mat-

ter" in vending machines located in public

areas. The bill denied adults their constitu-

tional right to purchase the materials in

question.

ACLU: Oppose

Status: Two-year bill.

SB 1393 (Keene) - Press freedom

This bill sought to make it easier for

public figures and public officials to bring

libel actions against the press by eliminat-

ing the defense that the publication or

broadcast was made "without malice."

Although the bill prohibited an award of

damages in these cases, it allowed for at-

torney's fees. This bill would have resulted

in further self-censorship by the press and

limited press freedom in reporting on pub-

lic figures.

ACLU: Opposed

Status: Failed passage in Committee.

SJR 38 (C.Green), SJR 39 (Campbell),

AJR 55 (Leslie, et al.) - Flag burning

Responding to the U.S. Supreme Court

case of Texas v. Johnson, resolutions were

introduced requesting Congress to pass a

constitutional amendment outlawing flag

desecration. Not only does flag desecration

constitute expressive conduct protected by

the First Amendment but the enactment of

a constitutional amendment would be an

unwarranted and dangerous proposition.

Fortunately, the U.S. Senate subsesquently

refused to consider such a constitutional

amendment.

ACLU: Opposed.

Status: Passed state Legislature.

SB 9 (Robbins) - Tax credits for relig-

ious schools

This measure proposes a tax credit for

tuition and other educational expenses for

elementary and secondary level parochial

schools. The ACLU argues that these tax

credits would violate the constitutionally

required separation of church and state.

ACLU: Oppose |

Status: Two-year bill

DISCRIMINATION/

EQUAL PROTECTION

SB 1027 (Petris) - Sex discrimination

claims

This bill clarifies that the Fair

Employment and Housing Agency

(FEHA) has jurisdiction to take sex dis-

crimination claims related to pregnancy.

The Agency refuses to process these com-

plaints and last year alone over 500 com-

plaints were referred to the Federal Equal

Employment Opportunities Commission

(EEOC). The remedies available under the

EEOC are substantialy less than under

state law. This bill would require the

FEHA to process these claims.

ACLU: Support .

Status: Two-year bill.

AB 132 (Moore) -

discrimination

This legislation strengthens anti-

discrimination laws by clarifying that the

Fair Employment and _ Housing

Commission has authority to award actual

damages in employment discrimination

cases. The Commission provides an indis-

pensable administrative avenue for persons

who cannot afford to pursue discrimination

cases in court.

ACLU: Support

Status: Two-year bill.

Employment

AB 1742 (Friedman) - Private clubs

This measure would prohibit the issuance

of liquor licenses to large private clubs

which discriminate against women and mi-

norities. It is premised on the argument

that any state support of arbitrary or invidi-

ous discrimination is inappropriate. A sim-

ilar bill was vetoed by Governor

Deukmejian last year.

ACLU: Support

Status: Two-year bill.

AB 2090 (McClintock) - English Only

This draconian measure purported to

implement Proposition 63 which estab-

lished English as the state's official lan-

guage. The bill would have prohibited

public entities from making or enforcing

any law or policy which requires the use of

a language other than English, and would

have required the state and all its political

subdivisions to act only in English. It

would have terminated critical services to

the large portion of California's population

that does not speak English.

ACLU: Opposed

Status: Failed passage in

committee.

policy

SB 1454 (Marks) - English-only work-

place rules

This measure codified existing Fair

Employment and Housing Commission

regulations which prohibit English-only

workplace rules unless justified by a busi-

ness necessity. Codification of existing

regulations would ensure that employees

of diverse ethnic and cultural backgrounds

are protected from discriminatory employ-

ment practices.

ACLU: Supported

Status: Vetoed by the Governor.

AB 65 (Vasconcellos), SB 1535 (Marks)

- HIV Discrimination

These measure redefined "physical dis-

ability" in state discrimination laws. The

new definition would, among other things,

include HIV-positive persons within the

protection of the Unruh Civil Rights Act

prohibiting discrimination in employment

and housing. Governor Deukmejian vetoed

a similar bill last year.

ACLU: Supported

Status: Vetoed by the Governor.

SB 38 (Doolittle) - Mandatory HIV

testing

This measure requires HIV testing of

all persons in state prisons or narcotics fa-

cilities. Mandatory testing is a serious in-

vasion of civil liberties serving no health

purpose.

ACLU: Oppose

Status: Two-year bill.

AB 77 (Moore) - Parental leave

In another effort to enact a parental

leave law for the California, this measure

would allow working parents up to 4.

months unpaid leave to care for a depen-

dent child or sick parent. It would apply

only to employers with 25 of more em-

ployees and could only be used once every

two years.

ACLU: Support

Status: Two-year bill.

aclu news

january-february 1990 5

MENTAL PATIENTS'

BG) 0 us

AB 1393 (Wyman) - Involuntary

commitment

This bill would substantially broaden

the definition of "gravely disabled" under

the state's civil commitment laws and

make it easier to involuntarily confine per-

sons with mental disabilities. The measure

violates the due process rights of mental

patients.

ACLU: Oppose

Status: Two-year bill

AB 2361 (Bronzan), AB 190 (Bronzan)

- Forced drugging

These companion measures would sub-

stantially curtail a recent California court

decision which granted involuntarily com-

mitted mental patients the right to refuse

powerful psychotropic medication except

in an emergency or following a judicial de-

termination of the patient's incompetence

to make a decision regarding the drugs.

ACLU: Oppose

Status: Two-year bill

aclu news

january-february 1990

Execution of Aaron Mitchell

Sketch by Howard Brodie

he federal

Racial Justice

Act is a legisla-

tive response to the

U.S. Supreme Court's

decision in McCleskey

vy. Kemp, in which a

black man sentenced to

death in Georgia for

murdering a white po-

lice officer, challenged

the validity of his sen-

tence under the

Fourteenth Amend-

ment.

His case proved the

racist application of the

death penalty: defen-

dants, particularly

blacks, who murdered

whites were much

more likely to get the

death penalty than the

killers of people of col-

or. (Eighty-five percent of those executed

since 1977, under the "new" death penalty

statutes designed to curb racial bias, have

been executed as punishment for crimes

against whites.)

Although the Supreme Court acknowl-

edged overwhelming racial disparities in

capital sentencing, it imposed an impossi-

ble burden of proof requiring the defen-

dant to prove that he had been the victim

of intentional racial discrimination.

The Racial Justice Act will require the

government to demonstrate that the appar-

ent disparity in sentencing can be ex-

plained by legitimate nonracial factors,

thus prohibiting death sentences from be-

ing imposed in a racist and discriminatory

manner. An individual would be permit-

ted to prove that her/his death sentence

was probably the result of racial bias by

offering evidence that demonstrated, for

example, that Native Americans receive

the death penalty at a higher rate than

white defendants.

Racial Justice Act

- Reaches Senate

On September 28, the Racial Justice

Act was introduced by Senator Edward

Kennedy (D-MA). Kennedy was joined

by death penalty supporters Arlen Specter

(R-PA) and Daniel Patrick Moynihan (D-

NY), and opponents Howard Metzenbaum

(D-OH), Paul Simon (D-IL), Mark

Hatfield (R-OR), and Carl Levin (D-MI).

On October 17th, the Senate Judiciary

Committee voted to add the Racial Justice

Act to a pending measure which expands

the use of the death penalty for federal

crimes. The full Senate is expected to

consider the Racial Justice Act on

February 7. At that time, opponents will

try to strip the Racial Justice Act provi-

sions from the pending legislation.

The ACLU supports the Racial

Justice Act and urges all members to let

your Senators know that it is uncon-

scionable to ignore the racist applica-

tion of the death penalty.

U.S. Attorney Resigns,

`Ran Out of Ideas''

erhaps the only thing that the

P ACLU-NC and outgoing U.S. At-

torney Joseph Russoniello agree on

is his January 17 statement that "I quite

frankly have run out of new ideas."

In May 1982, the newly-appointed (by

President Ronald Reagan) U.S. Attorney

Russoniello ordered an investigation of mi-

nority voters in northern California. The

targets of Russoniello's probe were Chi-

nese and Spanish speaking citizens who

had done nothing more than request bilin-

gual voting materials.

In January 1990, upon resigning from

his post as U.S. Attorney, the same Russo-

niello stated that the Bay Area was a logi-

cal place for drug trafficking because there

is a "strong Hispanic community in place

that could provide protection and insula-

tion from law enforcement uncovering the

enterprise."

The following day, ACLU-NC staff at-

torney Alan Schlosser joined representa-

tives of the Mexican American Legal

Defense Fund (MALDEF), the Asian Law

Caucus, the National Lawyers Guild and

the Bay Area Civil Rights Coalition in de-

nouncing Russoniello's slur of the

Hispanic community.

"Mr. Russoniello's comments are

shocking and hateful, particularly coming

from a high level federal official who has

been charged with upholding - the

Constitution of the United States," the

groups stated at a press conference.

Grave, racist insult

"They are a painful, grave and racist in-

sult to the Hispanic community in the Bay

Area and to Latinos everywhere. The Bay

Area Latino community , whose strength

lies in its ability to organize for the better-

ment of the entire community, in improv-

ing education, employment, housing and

social opportunities, is outraged at his un-

warranted attack," they added.

The ACLU-NC crossed swords with

U.S. Attorney Russoniello many times dur-

ing his tenure - which virtually coincided

with the 8-year Reagan Administration and

reflected its policies.

On behalf of bilingual voters, the

ACLU-NC in 1982 filed a lawsuit,

Olagues v. Russoniello challenging the un-

constitutional probe of bilingual ballot

seekers. In 1987, the Ninth Circuit Court

of Appeals ruled that investigation violated

the voters' constitutional rights.

The government's "War on Drugs"

was another area where the ACLU found

itself at odds with Russoniello. While the

ACLU-NC was filing lawsuits against ran-

dom, mandatory drug

and racist comments.

On June 12, after 17 weeks of trial,

Judge Aguilar denied the government's

motion to dismiss the lawsuit at the close

tests of government em-

ployees, Rus-soniello

was calling for the ex-

panded use of drug test-

ing - including drug

testing of everyone in-

volved in trials from at-

tomeys to jurors. He

proposed using local

police forces to imple-

ment a "Zero Toler-

ance" program -

seizing cars, boats and

other assets of persons

accused of transporting

0 | (Check one) {f-#|-IJfi

| prefer election materials

in - Fea HL...

CP ace RPE RL

|] English

[_] Espanol

drugs. He often said

that those who advocat-

ed legalization of drugs

were just covering up

drug use; once, while

Voters who asked for election materials in Spanish or

Chinese became the targets of Russoniello's investigation.

preparing for an in-

studio discussion about drugs at a local tel-

evision station, Russoniello remarked that

an ACLU attorney was probably a drug us-

er, since he was arguing in favor of drug

decriminalization.

In 1983, the ACLU-NC and other civil

rights groups filed a class action challeng-

ing a nationwide sweep by the

Immigration and Naturalization Service

(INS) called Operation Jobs and subse-

quent INS raids. In northern California,

hundreds of Hispanic workers were swept

up in raids on 43 worksites. Workers were

subjected to verbal and physical abuse, and -

many - including U.S. citizens and legal

permanent residents - were unjustly ar-

rested, transported far from their homes,

and detained.

Courtroom confrontation

In 1989, ACLU-NC attorney Alan

Schlosser and other civil rights attorneys

went head to head with Russoniello in the

courtroom when that lawsuit, International

Molders y. INS went to trial in USS.

District Court in San Jose before Judge

Robert Aguilar. By the end of the plain-

tiffs' presentation, 95 witnesses had come

to the San Jose courtroom from as far

south as Fresno, as far north as Fort Bragg

and from across the Sierras to tell testify

about unlawful INS entries, physical abuse

of the plaintiffs' case. In doing so, Judge

Aguilar ruled that the plaintiffs had shown

a "persistent pattern of unlawful entries in-

to workplaces" by INS agents, concluding

that "`at this point in the case the evidence

shows a policy of unconstitutional search-

es, detentions and arrests."

Subsequent to that decision, the U.S.

Justice Department indicted Judge Aguilar

and the Molders case was postponed until

February, 1990.

Now, with Russoniello's resignation, it

looks like the trial will have to proceed

without him.

_ According to press reports, Russon-

iello was "eager for a job in Washington,

D.C.," but the call never came.

But, as the civil rights advocates made

clear at the January 18 press conference,

they feel that "Mr. Russoniello should not

represent the government in any capaci-

ty.... The danger of his racial bias being in-

jected into his duties as a powerful public

servant is too great to allow him to contin-

ue even one more day.

They closed on a hopeful note, "Since

Mr. Russoniello's reign is thankfully at an

end, the Latino and civil rights communi-

ties demand that his successor be a person

with high ideals, a respect for the

Constitution, and an appreciation of the ra-

cial and ethnic diversity of our

community." -

On January 23, the San Francisco

Board of Supervisors adopted a 6-0 resolu-

tion calling for U.S. Attorney Russoniello

to resign immediately and to apologize to

the Hispanic community and San

Francisco for his remarks.

"J think Mr. Russoniello has done

great, great harm and caused a lot of pain

in San Francisco, and specifically in the

Latino community," said Supervisor Jim

Gonzalez, author of the resolution, which

also calls upon the U.S. Department of

Justice and President Bush to dissociate

themselves from Russoniello's statement.

To date, the U.S. Attorney has not apol-

ogized for his statement.

Police Intelligence Guidelines ...

Continued from page I

that called on the Police Department to

adopt an intelligence policy based on

Seattle's, which mandates civilian moni-

toring of police intelligence collecting ac-

tivity. Subsequently, on January 17, the

San Francisco Police Commission held an

unprecedented hearing about the intelli-

gence gathering practices of the San

Francisco Police Department and heard

recommendations from the Human Rights

Commission, the ACLU-NC and others

about instituting a Seattle-style policy for

the department.

The ACLU-NC originally brought suit

against the department seeking disclosure .

of the guidelines and other Klan-related in-

formation after an incident during the 1984

Convention, in which police detained Klan

members, drove them across the Bay

Bridge, and forbade them from demon-

strating in San Francisco.

That incident was just one part of an

exhaustive intelligence gathering cam-

paign by San Francisco police on scores of

political groups during the 1984

Convention.

According to documents made public

by the ACLU-NC, the department had

`gathered numerous dossiers on groups in-

cluding the ACLU, National Lawyers

Guild and the Committee in Solidarity

with the People of El Salvador (CISPES).

Paul Stein is an intern in the ACLU-

NC Public Information Department.

In Memoriam

aclu news

january-february 1990 7

C.L. Dellums

1984 Earl Warren Honoree

C.L. Dellums, an indefatigable leader

in the labor and civil rights movement

whom the ACLU-NC honored with the

Earl Warren Civil Liberties Award in

1984, died November 8 at the age of 89

after suffering a heart attack in Oakland,

his home since 1923.

"He will be remembered as one of the

most impressive and dedicated leaders of

the civil rights movement, having labored

since the 1920's to improve employment

opportunities for blacks, women and other

workers," said ACLU-NC Board Chair H.

Lee Halterman.

In 1984, the ACLU-NC bestowed its

highest honor, the Earl Warren Civil

Liberties Award, on Dellums for the many

successful civil rights campaigns he pio-

neered throughout his career.

Born in Texas, Dellums went to work

as a Pullman porter on the railroad. In the

1920's, along with A. Philip Randolph,

Dellums organized the first international

black-led trade union, the Brotherhood of

Sleeping Car Porters. When he began his

union organizing, the railroad fired him.

He served as Vice President of the union

from 1929-1966, and then succeeded

Randolph as President.

During World War II, Dellums led a

march on Washington that led to the crea-

tion of a wartime fair employment com-

mission by President Franklin Roosevelt.

Dellums later waged a 14-year fight in the

California Legislature for the establish-

ment of the California Fair Employment

Practices Commission in 1959. He was

appointed to that Commission in 1959 by

Governor Edmund G. Pat Brown and later

served as its Chair.

Dellums also lent his formidable lead-

ership to the Western Region of the

NAACP, acting as chairperson from its in-

ception in 1948 until 1967.

He is survived by his nephew, 8th

District Congressman Ron Dellums, his

daughter Marva Dellums and six

grandchildren.

C.L. Dellums

Paul Winternitz

Eileen Keech

1983 Honoree

Eileen Keech, long known as _ the

"backbone of the Berkeley-Albany-

Richmond-Kensington Chapter of the

ACLU-NC" died on January 4.

In 1983, Keech was awarded the Lola

Hanzel Advocacy Award which is given

each year to an outstanding ACLU-NC

volunteer. ACLU-NC Executive Director

Dorothy Ehrlich said that Keech was se-

lected by the Board for this rare honor "for

her consistent dedication, her activism, her

talent and her ability to organize other

people."

Keech was one of the initiators of the

B-A-R-K Chapter's storefront police com-

plaint center in Berkeley during the turbu-

lent 1960's. When the police. began using

teargas and making widespread arrests on

campus, the ACLU complaint service be-

came very active in putting together a le-

gal panel and giving advice and referrals.

For the next two decades, Keech orga-

nized, trained and coordinated volunteers

for the Chapter's telephone hotline.

As an organizer of the first official

ACLU contingents in demonstrations,

Keech played a major role in developing

the ACLU as an activist and direct service

organization.

Ehrlich said, "Eileen was loved and

admired by her chapter colleagues, the

Board and staff of the ACLU-NC. Her

commitment to civil liberties touched all

our lives deeply."

Dorothy Atkinson

Monterey Activist

Dorothy B. Atkinson, a longtime sup-

porter of the ACLU-NC and leading

member of its Monterey Chapter, died on

November 10 of influenza complications

in Bixby Landing on the Big Sur Coast.

She was 82.

An energetic activist in numerous cul-

tural and political groups on the Monterey

Peninsula, she was the widow of Ralph

Atkinson, founder of the Monterey

County Chapter of the ACLU and former

Chair of the Board of Directors of the

ACLU-NC. Every year the Monterey

Chapter honors an outstanding civil liber-

tarian from the area with the Ralph B.

Atkinson Award.

She continued her support of the

ACLU-NC after her husband's death, and

was also active in Planned Parenthood and

the American Association of University

Women.

She is survived by her two sons, her

brother and two grandchildren.

Artist's Altar Honors Civil Liberties

he ofrenda is an art form whose

roots lie deep in the Mexican cul-

tural tradition of the Day of the

Dead or Dia de los Muertos. When Bay

Area artist Rafael Jesus Gonzalez accept-

ed the Mexican Museum's invitation to

create a Dia de los Muertos altar, he chose

the theme of "Ofrenda to the Dying Lady

of Freedom" to protest the severe attacks

upon the U.S. Constitution and the Bill of

Rights during the decade of the 1980's.

The result was not only a passionate

and complex installation at the Museum

(pictured right), but a generous donation

to the ACLU-NC as well.

"As my work on the piece pro-

gressed," explained Gonzalez, "I realized

that for it to truly have the meaning I in-

tended, it not only had to express my own

sorrow but the griefs of many. So I called

for contributions so that the major ofrenda

would be the contribution to the ACLU

- the foremost defender of our civil

rights under the Constitution and the Bill

of Rights - of as much of the funds allot-

ed for the installation that I could avoid

spending on materials."

Gonzalez, a poet and artist who teach-

es at Laney College in Oakland, ex-

plained, "The ofrendas placed on the altar

are those representing the abuses that kill

freedom, foremost greed and additions of

power that serve it. But along with these

Rafael Jesus Gonzalez's ofrenda, exhibited by the Mexican Museum in San

Francisco, included a contribution to the ACLU.

Courtesy of the Mexican Museum

tokens of despair are also placed ofrendas

of hope, namely a small dish filled with

the sacred soil from the Santuario de

Chimayo to represent the sacredness of the

Earth, and on it a check to the ACLU."

For the Mexican Museum exhibit (dis-

played in October and November, 1989),

entitled "Ancient Rites/New Perspec-

tives", Gonzalez wrote, "This...is the altar

of all of us who love freedom and justice

and grieve that the Constitution that guar-

antees them is so threatened, so severely

endangered."

ACLU-NC Volunteers Needed

olunteers with a deep commitment

to the protection of civil liberties

are always welcome at the ACLU-

NC!

Complaint Counselors

Complaint Desk Counselors duties in-

clude screening phone calls for civil liber-

ties issues, giving information and

referrals to the public, and some peer

counseling. Volunteers must be able to

commit to staffing the Complaint Desk

one day a week for at least six months,

have a good telephone manner, and a de-

sire to work with the public. Training will

be provided by experienced Complaint

Counselors. Contact: Lisa Maldonado,

Complaint Desk Coordinator, at 415/

621-2493.

Librarian

Volunteer with research/library experi-

enced needed to work with our volunteer

librarian Clara MacDonald in organizing

and mantaining the ACLU Subject Files.

Must be able to work on Wednesdays (dur-.

ing office hours): Subject Files include

news articles, reports, policy papers and

other valuable information on a wide va-

riety of civil liberties issues.

Contact: Elaine Elinson, Public

Information Director, at 415/621-2493.

-

aclu

ACLU Has its

Eyes on the

Prize

he ACLU-NC is underwniting

"Eyes on the Prize II," the

civil rights documentary se-

ries which is airing on KQED-TV.

Before and after each hour-long

program, the ACLU logo appears and

the announcer states that the series is

supported by "the American Civil

Liberties Union - a membership or-

ganization - whose 27,000 members

in northern California are keeping

their eyes on the prize."

The eight part series began on

January 15, Martin Luther King Day.

It is aired at 10 PM on Mondays on

KQED-TV (Channel 9) and repeated

on Channel 9 on Thursdays at 3 PM

and on Channel 32 on Wednesdays at

9 PM.

"Eyes on the Prize II" covers the

civil rights movement from the mid-

60's onward, including the role of

Malcom X and the expansion of Dr.

Martin Luther King's work from the

C South into the northern cities.

J

ou

a

-

aclu news

8 january-february 1990

"Taking Liberties"

A monthly radio program on civil liberties

Tuesday,

February 27 at

12:00 Noon

KPFA 94.1 FM

and

KFCF 88.1 FM

(Fresno)

ee Ulicny radio dial to "Taking Oras ae

The Rights of Homeless People

"The law in its majestic equali-

ty prohibits the rich as well as the

poor from sleeping under bridges."

A discussion on the rights of homeless

people with ACLU-NC attomey John

Crew and Sherry Williams from the

Homeless Task Force of the North of

Market Planning Coalition.

"Taking Liberties", explores how the

Bill of Rights affects our everyday lives.

The series is aired on KPFA and KFCF in

Fresno.

The monthly program, hosted by

ACLU-NC Public Information Director

Elaine Elinson, includes expert guests on

drug testing, English Only laws, reproduc-

tive rights, the rise in racism on campuses,

school censorship and other cutting edge

civil liberties questions. It also features a

special section with civil liberties news

updates and information on how listeners

can make their voices heard on crucial

civil liberties issues.

How Your Money

Works for Civil

Liberties

Membership Contributions v.

Tax-Deductible Donations

The ACLU was founded in 1920 as a

non-profit organization supported by its

membership. Membership contributions

are essential to the ACLU's existence, but

are not tax-deductible because a signifi-

cant part of ACLU's work involves lobby-

ing (before Congress, the state Legislature,

_ city councils and county boards of super-

visors). The IRS places restrictions on the

use of tax-deductible funds for lobbying.

The ACLU Foundation of Northern

Califomia is a tax-exempt organization

which finances litigation and public educa-

tion. If you wish to make a tax-deductible

donation, you may do so by making your

gift payable to the ACLU-NC Foundation.

Tax-Deductible Gifts

The ACLU-NC Foundation conducts

four annual fundraising drives: the Major

Gifts Campaign, the Lawyers Council

Campaign, the Physicians Committee for

Reproductive Rights and the Bill of Rights

Day Campaign. These campaigns exclu-

sively support the ACLU's legal program

in northern California and all donations

are tax-deductible.

Confused about your

Contribution?

Many members welcome the opportu-

nity to support civil liberties by making

special contributions to the ACLU

throughout the year. However, this can

cause confusion when members are not

sufficiently aware of the differences be-

tween the ACLU and the ACLU

Foundation. If you think your contribu-

tions have not been accurately recorded,

please write or call us:

Membership Department

ACLU-NC

1663 Mission Street, #460

San Francisco, CA 94103

415/621-2493.

Monterey Honors

Syslo for AIDS Work

Chapter of the ACLU-NC presented

the Ralph Atkinson Civil Liberties

Award for 1989, its highest honor, to

Monterey priest Father Alan Syslo for his

exemplary work defending the rights of

people with HIV/AIDS.

I n November the Monterey County

Syslo founded and serves as chair of

the Monterey County AIDS Project, and is

also founder and Ministry Coordinator of

the John XXIII Commission for AIDS

Ministry where he provides counseling for

people with AIDS and their families.

In presenting the award to Syslo,

Monterey Chapter Vice-Chair Steve

Rease praised Father Syslo for "his leader-

ship in defense of the rights of people

with AIDS and working for better under-

standing of the problems and issues raised

by the worldwide AIDS crisis." Rease un-

derscored the threat to civil liberties when

people with HIV/AIDS face discrimina-

tion from "those who would exclude

(them) from schools, housing, and jobs."

Field Program Monthly

Meetings

Chapter

Meetings

(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) Members are encour-

aged to join the Chapter Board, help

staff the hotline, and organize activities

in the Berkeley area. Contact Tom

Sarbaugh 415/526-6376 (day) or Flor-

ence Piliavin 415/848-5195 (eve.).

Earl Warren (Oakland/Alameda

County) Chapter Meeting: (Usually

second Wednesday) Meet Wednesday,

February 14 and Wednesday, March 14

and help the Chapter's Police Practices

Committee improve the Oakland

Citizens Complaint Board. Also plan

"student law days." For information,

Contact Abe Feinberg, 415/451-1122.

Fresno Chapter Meeting: (Usually

third Monday) Meet Monday, February

19 and Monday, March 19. New mem-

bers always welcome! General Elec-

tion for Chapter Board of Directors

will be held on Monday, April 16 at

5:30 PM, 5151 N. Palm, Room #10,

Fresno. Nominations for the Board will

be accepted by the Nominating

Committee prior to that date. To nomi-

nate a candidate, please call the

Chapter Hotline 209/225-7380 or con-

tact Mindy Rose, 209/486-7735.

Gay Rights Chapter Meeting: (Usually

first Thursday) Meet Thursday, March 1

at 7:00 PM, ACLU-NC office, 1663

Mission Street, Suite 460, San Fran-

cisco. For further information, Contact

Doug Warner, 415/621-3900

Marin County Chapter Meeting:

(Third Monday) Meet February 19 and

March 19, 7:30 PM, at RoundTable

Pizza, Strawberry Shopping Center, Mill

Valley. New members always welcome.

For general information, contact Jerry

Ellersdorfer, 415/383-1074.

Mid-Peninsula (Palo Alto area)

Chapter Meeting: (Usually fourth

Wednesday) Meet Wednesday, February

28 and Wednesday, March 28, 8:00 PM,

All Saints Episcopal Church, 555

Waverly, Room 15, Palo Alto. For more

information, contact Harry Anisgard,

415/856-9186 or Leona Billings, 415/

326-0926.

Monterey Chapter Meeting: (First

Tuesday of the month) Meet Tuesday,

February 6 and Tuesday, March 6, 7:30

PM at the Monterey Library, Pacific and

Jefferson Streets, Monterey. For infor-

mation, contact Richard Criley, 408/

624-7562.

Mt. Diablo (Contra Costa County)

Chapter Meeting: (Now _ fourth

Thursday) Meet Thursday February 22

and Thursday March 22. For meeting

place and more information, contact

Mildred Starkie, 415/934-0557.

North Peninsula (San Mateo area)

Chapter Meeting: (Usually third

Monday) Meet Monday, February 19

~and Monday, March at 7:30 PM, Bank

of America, Third and El Camino, San

Mateo. Contact Emily Skolnick, 340-

9834.

Sacramento Valley Chapter Meeting:

(Usually second Wednesday) Meet

Wednesday, March 14, for location and

more information, contact Ruth Ordas,

916/488-9950

San Francisco Chapter Meeting:

(Usually fourth Monday) Meet Monday,

February 26 and Monday, March 26 at

6:00 PM, ACLU office, 1663 Mission

Street, Suite 460, San Francisco. Con-

tact Marion Standish, 415/863-3520.

Santa Clara Valley Chapter Meeting:

(Usually first Tuesday) Meet Tuesday

March 6 at 7:00 PM, Commerce Bank

Building, 111 West St. John Street, 2nd

Floor Conference Room. Contact John

Holly, 408/554-9478.

Santa Cruz County Chapter Meeting:

(Usually fourth Monday) Wednesday,

February 21, 7:00 PM, Louden Nelson

Center, Santa Cruz, will include Chapter

Board elections and feature guest speak-

er Jessica Mitford speaking on "Sex,

Lies and Censorship" at 7:30 PM.

March meeting date to be determined.

Contact Bob Taren, 408/429-9880.

Shasta County Organizing

Committee: A new ACLU-NC Chapter

is forming. All interested members in

the Shasta County area are invited to at-

tend, call for date and time. For more in-

formation, contact: 916/241-7725.

Sonoma County Chapter Meeting:

(Third Thursday of the month) Meet

Thursday February 15 and Thursday

March 15, 7:30 PM, Roseland

Community Law Office, 1680 Sebasto-

pol Road, Santa Rosa. All members wel-

come. Contact Judy McCann, 707/829-

5668.

Yolo County Chapter Meeting: (Third

Thursday of the month) Meet Thursday,

February 15 and Thurdsday March 15,

7:30 PM. For more information, contact

Doug Powers, 916/756-8274.

Field

Committee

Meetings

(All Field Committee Meetings listed

below will be held at the ACLU-NC

Office, 1663 Mission Street, #460, San

Francisco. Please RSVP for all meet-

ings at least one day before the meeting.

To RSVP, or for more information, con-

tact Gillian Smith at the ACLU-NC 415/

621-2493.)

Field Committee: General meeting on `

Thursday, March 8 at 6 PM, ACLU-NC

Office, San Francisco. Annual Confe-

rence: Save the date: Saturday and

Sunday, July 7 and 8 in Berkeley. Watch

future issues of ACLU News for agenda

and speakers.

Student Outreach Committee:

(Usually third Saturday) Meet Saturday,

February 15 and Saturday, March 15 at

10:30 AM at the ACLU-NC Office.

Attention Teachers: We need. the par-

ticipation of teachers (all grade levels,

all kinds of schools) in the ACLU

Student Outreach Committee. Please

come to a meeting, or call Gillian Smith

at the ACLU-NC office for more

information.

Pro-Choice Action Campaign:

(Usually third Tuesday) Meet Tuesday,

February 20 and Tuesday, March 20

from 6-8 p.m. Help organize activities

_ for Mothers Day, develop letter-writing

and public information campaign.

Death Penalty Action Campaign:

(Usually third Saturday of alternating

months) Meet Saturday February 17 at

12:00 noon. Discuss plans for future lob-

bying and legislative action.