vol. 55, no. 4

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Volume LV

may 1991

No. 4

ACLU Executive Director

Advocates Diverse Strategies

struggle to celebrate how far we

have come in approaching lib-

erty, we must recognize that it is the entire

200-year period we must celebrate, and

not just its beginning. It is the people who

fought and died to realize our rights who

deserve our recognition and our praise, not

just those who first conceived of those

rights and wrote them down."

With this advice on how to celebrate

the bicentennial of the Bill of Rights,

national ACLU Executive Director Ira

Glasser addressed over 250 ACLU sup-

porters at a public event sponsored by the

ACLU-NC San Francisco Chapter on

April 22 at the Unitarian Church in San

Francisco.

Charging that slavery was this coun-

try's original sin, infecting the

Constitution at its conception, Glasser

reminded the audience that the

Constitution we celebrate today "required

years of struggle and a bloody civil war

before additional amendments were

passed, intended to bring African-

Americans within the Constitution and to

apply the Bill of Rights to state and local

governments."

Even a century later, racial discrimina-

tion was still deeply embedded in our

laws, institutions and culture, Glasser

noted. "Racial violence was common, and

black people - especially and tragically

the young - learned to limit their aspira-

tions. Most whites accepted this; nearly

all whites benefitted from it. And until

1954, the United States Supreme Court

legitimized it."

Glasser reminded the ACLU audience

that the legal advances from the U.S.

Supreme Court were only a product of the

last 35 years, and that for the first two cen-

turies of its existence the Bill of Rights

was practically dormant.

The Supreme Court we are facing

today is more like the one which existed

for most of its history, one which often

stood as a "barrier to peoples' rights."

Because of that, we must diversify our

strategies in the battle for civil liberties -

fighting not only in the courts but in legis-

latures and in the forum of public opinion,

Glasser said.

"The Bill of Rights is not self-

6 y f we pause in the midst of our

Save THE Date!

Friday, July 19 - Sunday, July 21

1991 ANNUAL CONFERENCE

ACLU of Northern California

University of California, Berkeley

Clark Kerr Conference Center

Ira Glasser in San Francisco.

Anne Rushing

**(R) Cr EBRATE THE BICENTENNIAL OF THE BILL oF RicuTs 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_1989.batch ACLUN_1990 ACLUN_1990.MODS ACLUN_1990.batch ACLUN_1991 ACLUN_1991.MODS ACLUN_1991.batch 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

Scintillating Speakers...Great Debates...Satisfying

Socializing...Energizing Environment...Food for Thought

Conference program and registration information

will be in the next issue of the ACLU News.

For more information and to reserve space contact

Marcia Gallo or Michele Hurtado 415/621-2493.

enforcing," Glasser concluded. "The

securing of liberty requires dedication to

the preservation of freedom by all

Americans, as well as the vision and per-

severance of those few men and women

who, in every era, are willing to step for-

ward - even in the face of scorn or hope-

lessness - and press the fight for their

rights."

In addition to the public meeting,

Glasser's two-day visit to the Bay Area

included a number of media interviews

and a reception hosted by the ACLU-NC

Lawyers Council.

ACLU Appeal Challenges Court

Order Forcing Norplant

harging that a "trial court's experi-

ment in social engineering" is

unlawful and unconstitutional, the

ACLU filed an appeal on April 25 in the

ee eee ee eee

state Court of Appeal on behalf of Darlene

Johnson, a 27-year cld mother of five.

On January 2, Tulare County Superior

Court Judge Howard Broadman ordered

that Johnson, who was convicted of child

abuse and sentenced to a year in jail, must

be surgically implanted with Norplant, a

contraceptive device, as a condition of her

probation. She must keep the Norplant

device in place for the remainder of her

three-year probation, once she is released

from jail. However, the trial court has now

stayed that condition pending the outcome

of her appeal.

This is the first court ever to order

forced contraception using Norplant, a rad-

ical new birth control device which was

only approved by the federal Food and

Drug Administration on December 10,

1990 - less than a month before the pro-

bation order was imposed.

The ACLU argues that the probation

order violates Johnson's right to privacy

and exceeds the court's probation author-

ity.

Johnson is being represented by

ACLU-NC staff attorneys Ann Brick and

Margaret Crosby and attorneys from the

national ACLU Reproductive Rights

Project in conjunction with local court-

appointed defense attorney Charles

Rothbaum.

"Both the state and _ federal

Constitutions protect an individual's right

to make decisions about childbearing. In

California, trial judges may not experiment

with probationer's liberty. The trial judge

here engaged in a forbidden experiment

with Johnson's intimate life in requiring

her to submit to Norplant," said Crosby.

At the time of the sentencing, neither

Johnson nor her attorney had ever heard of

Norplant. Five days after the sentencing,

Johnson filed a motion to reconsider the

probation order, stating that she consented

to the implant only because she feared she

would be sent to state prison if she refused.

In addition, Johnson suffers from high

blood pressure, diabetes, a heart murmur

and asthma, conditions for which Norplant

is contraindicated, according to expert

medical witnesses. Nonetheless, the trial

court refused to modify the conditions of

probation.

"Although medical science has given

the court the power to control the repro-

ductive choices of Darlene Johnson, state

law and the Califomia and U.S.

Constitutions have not," said attorney

Brick. "Because state control of human

reproduction is inherently repressive, the

constitutional guarantee of privacy

strongly protects personal autonomy in

Continued on page 2

aclu news

may 1991

Woman and Child Homeless

After Rent Subsidy Denial

homeless woman, whose federal

rent subsidy was _ terminated

because of alleged drug dealing,

has filed a writ against the Berkeley

Housing Authority. She is being repre-

sented by the ACLU-NC and_ the

Berkeley Community Law Center.

Janice Erwin and her daughter had

their Section 8 certificate terminated in

January, after testimony from unidenti-

fied police informants was presented at a

Berkeley Housing Authority hearing,

alleging that drug sales had been con-

ducted in their apartment.

Erwin was not permitted to confront

the witnesses against her. She denies she

participated in any illegal drug sale activ-

ity in her apartment, or has any knowl-

edge of anyone else engaging in sale or

use of drugs in her former home.

ACLU-NC - staff attorney Alan

Schlosser says that Erwin is the victim of

overzealous drug enforcement practices

on the part of police and other public

- authorities. "She did not have a due pro-

cess hearing, which is plainly her right,"

says Schlosser. "The evidence was clearly

insufficient to establish that she knew, or

should have known, of any drug sales

activity. No one should be denied a basic

human right like housing based on such

insubstantial hearsay evidence, without

any right to confront her accusers."

Schlosser, along with Berkeley

~Community Law Center attorney Bernida

Reagan, has filed a writ on Erwin's

behalf, asking that the Alameda County

Superior Court review the case as soon as

possible, as the Erwin's are now home-

less, having been deprived of the Section

8 subsidies which enabled them to rent

their apartment.

Is Begging Free Speech?

n April 25, the ACLU-NC argued

in federal district court that the

San Francisco Police Department

violates the rights of homeless people by

arresting them for peacefully and pas-

sively asking for assistance.

The ACLU is representing Celestus

ACLU-NC Defends Homeless

Activists In Libel Case

CLU-NC is representing the

A General Advocacy Assistance

Project (GAPP), and Judith

Blowchiak, a GAAP staff member,

against charges of libel brought by a San

Francisco welfare worker who was criti-

cized for engineering the arrest of a

GAAP client.

According to an article published in a

homeless peoples' newspaper the worker,

Jesse Tepper, withheld a recipient's check

without justification, and told parole offi-

cers where to arrest him. The article criti-

cized Tepper for violating the

confidentiality rights of a general assis-

tance recipient.

In a demand for a retraction, Tepper

asserted that use of the words "criminals"

and "the Hitler of the General Assistance"

in association with the welfare depart-

ment's actions are defamatory.

"This article is a clearly protected

statement of opinion," according to

ACLU staff attorney Margaret Crosby.

"Government officials must expect to

have their official actions criticized in

Protestors Beaten by CHP

Ask State for Damages

CHP officers beating protestors, as seen on videotape.

Deborah Shaffner

~Y wo protestors against the Persian

Gulf war, who suffered injuries

when hit by baton-wielding

California Highway Patrol officers, have

filed claims for damages against the state.

The January 17 incident was captured

on videotape by an amateur photographer.

At a crowded press conference in the

ACLU-NC offices on March 27, the video-

tape was shown, and the two beating vic-

tims spoke to the news media.

Aaron Lamperti, 26, and Elihu

Rosenblatt, 23, were part of a group which

had attempted to close Highway 101 dur- .

ing early moming commute hours, the day

after the bombing campaign against Iraq

and Kuwait began. They, and several

dozen other anti-war protestors, had left

the road and were seated on the shoulder

of the highway when the videotape shows

Highway Patrol officers swinging their

batons at them.

Lamperti suffered multiple leg frac-

tures as a result of the beating, and

Rosenblatt had cuts and bruises. Each said

they had not been warmed before the club-

swinging began.

ACLU-NC - staff attorney Alan

Schlosser says that there is a parallel

between the incident and the videotaped

police beating of Rodney King in Los

Angeles. "Police in all jurisdictions must

now more than ever be on warning that

they cannot use their weapons indiscrimi-

nately to punish citizens," says Schlosser.

"With more and more people using home

video cameras, it will now be easier for

victims of police abuse to document their

mistreatment, as in this case."

The state of California has forty-five

days to reply to the claim for damages. If

the state fails to satisfy the claim, the

ACLU intends to file a lawsuit on

Lamperti and _ Rosenblatt's _ behalf.

Cooperating attorneys in the case are

Edward Davis and Judy Alexander, of the

San Jose office of Pillsbury, Madison, and

Sutro.

harsh, rhetorical language. This is part of

the American political tradition.

"A lawsuit by a government official

against a small organization trying to pro-

tect rights of the homeless is a threat to

freedom of expression."

Bernard Burk of Howard, Rice,

Nemerovski, Canady, Robertson and Falk

is representing the defendants as an

ACLU cooperating attorney, together with

Crosby. The case is currently pending in

San Francisco Superior Court.

Norplant

Challenge ...

Continued from page 1

decisions about childbearing. Only the

most compelling of circumstances can jus-

tify government power over so intimate a

human choice."

Crosby added, "Judge Broadman's

Norplant condition invades several dimen-

sions of the right to privacy: procreative

choice, bodily integrity, and medical self-

determination.

"A trial court may not casually order

the forfeiture of such fundamental rights

as the ticket to probation. The dramatic

power exercised by the trial judge over

Johnson's reproductive and medical life

may be sustained only if it is essential to

achieve a compelling public objective,"

Crosby added.

In addition, the ACLU argues that

State-coerced contraception will promote

neither Johnson's ability to be a better par-

ent, nor the state's interest in protecting

her children.

The court also ordered Johnson to

attend counseling and parenting sessions.

"The challenge for this woman, and for

the court system that wishes to see her

succeed, is to develop the maturity to be a

responsible parent," said Brick. "By

depriving her of basic control over her

own body, the government is likely to

undermine her ability to view herself as a

responsible adult who can guide the wel-

fare of her children.

"The trial judge has removed decisions

about parenthood and pregnancy from

Johnson and her counselor during the pro-

bationary period, and transferred them to

the criminal court. This deprivation of

basic control may impede the effort to

create a mature, responsibly free parent,"

she added.

"There is no basis for concluding that

Johnson or her children will benefit from

the drastic invasion of her privacy for

three years. Forcing a parent who has

engaged in poor discipline to implant a

Blair, Jr. who was arrested five times in

1988 for standing on San Francisco streets

asking people for money while he was

homeless and unemployed. The district

attorney subsequently declined to prose-

cute Blair for any of the arrests.

The police accused Blair of violating

Penal Code Section 647(c) which prohibits

accosting people in a public place for the

purpose of soliciting alms. The ACLU-NC

suit, Blair vy. Shanahan, contends that the

law is unconstitutional if it is interpreted

to make peacefully soliciting charity a

crime.

ACLU cooperating attorneys Michael

Hallerud, Robert Keyes, Kirk Jamieson

and Nancy Asbill of Pettit and Martin are

representing Blair together with ACLU

staff attorney Margaret Crosby.

In court papers, Hallerud explained

why soliciting alms is protected speech.

"Soliciting alms communicates infor-

mation about poverty in our society, in

particular one individual's need for char-

ity. Begging alerts passers-by to the condi-

tion and existence of an impoverished

underclass to whom the fundamental

necessities of food and shelter are not

readily available.

"The beggar also communicates a

unique perspective on the American dream

from one whose asceticism might be enno-

bling, if it were not involuntary.

"The person soliciting alms advocates

that society's more fortunate individuals

should assume responsibility for the less

privileged," he added.

The suit contends that the government

may legitimately punish people who phys-

ically threaten or harass others on the pub-

lic street. However, the police may not

arrest people simply for speech that may

make some members of the public uncom-

fortable because it reminds them of the

reality of serious poverty in the midst of

affluence.

Blair, now employed full time as a

MUNI bus driver and living in a San

Francisco apartment, brought this case in

part to obtain protection for the many

homeless people who remain on the streets

and risk arrest by seeking charity for their

survival.

"Everyone's freedom is precious-

even if they are poor," said Blair.

"Freedom gives us hope that we can

improve ourselves and do better. When

that freedom is taken from us, it kills that

hope. Through this lawsuit, I am trying to

preserve that freedom and sustain that

hope."

visible, hormonal contraceptive device is a

simplistic and ultimately ineffective

response to the complex social and psy-

chological problems leading to family vio-

lence. There is no reason for courts to

experiment with defendant's choices about

practicing birth control," the ACLU attor-

neys argue.

Stating that "state and federal constitu-

tional precedents compel the conclusion

that the Norplant condition of probation

represents an exercise in governmental

overreaching," the ACLU-NC is asking

the Court of Appeal to "`join the appellate

courts, in California and other states, that

have been unwilling to allow trial judges

to embark on the long and dangerous road

of controlling intimate sexual and repro-

ductive choices."

aclu news

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

September and October/November.

Published by the American Civil Liberties Union of Northern California

H. Lee Halterman, Chairperson

Dorothy Ehrlich, Executive Director

Elaine Elinson, Editor (on leave)

Larry Bensky, Acting Editor

Marcia Gallo, Field Page

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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 theaclu news and 50

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aclu news

may 1991 3

Founders Circle Dinner Celebrates Campaign Success

n March 18, 140 friends and sup-

porters of the ACLU Foundation

of Northern California celebrated

the successful conclusion of the 1990-91

fundraising campaigns at an elegant event'

at Monsoon in San Francisco.

For the first time, all four fundraising

campaigns met and exceeded their goals

for the year. Development Chair Milton

Estes thanked all present for their help in

making the Lawyer's Council Campaign,

Physicians Campaign for Reproductive

Rights, Bill of Rights Campaign and

Major Gifts Campaign so successful. The

total raised through these efforts was

$783,000, $103,000 more than last year.

Special recognition was given to two.

donors who provided a major challenge

gift to the organization: Jim Hormel and

Al Baum. "Their generosity provided the

extra impetus that enabled each campaign

to go over the top," said Estes.

BS

Milton Estes, Development Chair,

thanks Al Baum (I.), for his generous

challenge gift.

Jim Hormel (1.), one of the honorees, applauds fundraising success with Executive

Director Dorothy Ehrlich.

Undocumented Worker Wins

Legal Rights

Fresno federal judge has ruled that

A undocumented workers are pro-

tected from discrimination under

civil rights laws.

Alicia Castrejon, an undocumented

worker from Michoacan, Mexico, had

taken maternity leave from a Farmersville

(Tulare County) tortilla factory. When she

tried to return to work, Tortilleria La Mejor

refused to reinstate her. She filed a sex dis-

crimination suit with the EEOC, and was

taken back on her assembly line job. But,

shortly afterward, she was fired, apparently

in reaction to her EEOC complaint.

The EEOC then sued Tortilleria La

Mejor on behalf of Ms. Castrejon. She was

also represented by Equal Rights

Advocates, and an amicus brief was filed

by the Mexican-American Legal Defense

Fund, International Ladies Garment

Workers Union, `Service Employees

International Union, and the ACLU-NC.

The amicus brief addressed the princi-

pal issue in the case: whether, in light of

new immigration laws, undocumented

workers were covered by laws prohibiting

employment discrimination.

U.S. District Court Judge Robert

Coyle's decision in favor of Ms.

Castrejon's contention of discrimination

came after the judge had considered the

case for nearly two years. In the first court

ruling on this issue, Coyle, a 1982 Reagan

appointee to the federal bench, said that

"Congress did not intend that the

Immigration Act (of 1986) amend or repeal

any of the previously legislated protections _

of the Federal labor and employment laws

accorded to aliens, documented or undocu-

mented."

ACLU-NC _ staff attorney Alan

Schlosser says that the ruling "is a big vic-

tory for workers' rights. Congress clearly

intended that all workers in this country,

no matter what their immigration status,

deserve full protection against unlawful

discrimination. Otherwise, we would have

two unequal classes of people under law,

and unscrupulous employers would be

encouraged to hire and exploit undocu-

mented workers."

Ms. Castrejon's victory means she may

now sue her former employer for dam-

ages. Since the case began, she has applied

for, and been granted, resident status

under immigrant amnesty laws.

Midge and Syl Heumann enjoy the pre-dinner reception with Emily Skolnick (r.).

Dinner photos by Stephen De Lancie

Bergman-Ramirez Win

Again ...But Case May

Continue

he Court of Appeal has ruled that

: journalists Lowell Bergman and

Raul Ramirez should not have to

face further legal proceedings in a fifteen

year-old libel case.

The California Supreme Court unani-

mously ruled in Bergman and Ramirez'

favor in 1986. But attorneys for the plain-

tiffs in the case, San Francisco police offi-

cers Frank McCoy and Edward Erdelatz,

and former assistant - district - attorney

Pierre Merle, have indicated they will

appeal the latest ruling to the Supreme

Court once again.

At issue is the plaintiffs' contention

that, although they lost their original

appeal and a libel judgment against

Bergman and Ramirez was reversed, they

are now entitled to a new trial. They con-

tend that the Supreme Court, in 1986, did

not expressly order final judgment for the

journalists.

Bergman and Ramirez were originally

sued for libel, based on a 1975 series of

articles in the San Francisco Examiner

questioning the fairness of a murder con-

viction against a young Asian-American.

A jury ruled against them in 1979, award-

ing the government officials $1.6 million.

That judgment was reversed in the 1986

California Supreme Court decision, which

held that the articles were constitutionally

protected. The ACLU _ represented

Bergman and Ramirez in that appeal.

The latest appeals court ruling says

that the plaintiffs are not entitled to a new

trial. The appeals court ruling denying a

second trial was unanimous. However,

Justice Donald King stated in concurring

that the California Supreme Court was

incorrect in its 1986 analysis, and urged

the court to review the case.

"The Court of Appeal recognized that

these public officials received a full and

fair trial in 1979, and there is no reason to

subject the reporters to a second lengthy

trial," stated ACLU-NC staff attorney

Margaret Crosby, who represented

Bergman and Ramirez on appeal. "The

court also recognized that libel suits have

a chilling effect on a free press, and

should not be unduly protracted."

ACLU-NC Launches Student Project

In Memory of Howard A. Friedman

special five-year project focusing

on student outreach and First

Amendment issues is_ being

launched by the ACLU-NC. It has been

made possible by a generous gift from the

family of former ACLU Chair Howard A.

Friedman.

The project's initial goal is to reach out

to high school teachers, offering them sub-

stantive training sessions, materials, and

ACLU resources.

"Working with interested teachers, the

project will develop special programs for

students designed to challenge them to

really think through and discuss the most

vexing First Amendment issues of the

day," according to ACLU-NC Executive

Director Dorothy Ehrlich.

ACLU-NC Field Director Marcia

Gallo has been selected to lead the project.

"We are currently planning high school

conferences featuring debates, skits, mock

trials, and talks given by student plaintiffs

in ACLU cases," project director Gallo

explained. "We want to transform school

auditoriums, for a few hours, into safe

places to express controversial ideas -

we aim to provide a semblance of the

intense interaction that takes place at a

family's dining room table."

In September, the Howard A.

Friedman First Amendment Education

Project will sponsor a Teachers' Institute

entitled "Teaching the First Amendment."

The first student assembly is scheduled

for December.

The Legacy of Howard A. Friedman

The Project honors Howard A.

Friedman, Chair of the Board of Directors

of the ACLU of Northern California from

1961 to 1965, who died in October, 1988.

Friedman, chair of the architecture depart-

ment at the University of California at

Berkeley, had a career which was charac-

terized by an exceptional range of distin-

guished architectural practice, innovative

social theory, teaching and public service.

A New York native, Friedman

received a degree in architecture from U.

C. Berkeley in 1949. He was elected to

the ACLU-NC Board in 1956.

As Board Chair, Friedman led the

organization through what he character-

ized as "new and different" activities.

Among them were the ACLU-NC's suc-

cessful efforts to defeat Proposition 14,

which would have removed barriers to

segregated housing; the establishment of a

statewide legislative program; the integra-

tion of chapters and the affiliate board;

and the solicitation of funds to establish an

ACLU Southern Regional Office in

Georgia.

In a speech to U. C. Berkeley Depart-

ment of Architecture students and faculty

in March, 1986, as candidate for depart-

ment chair, Friedman said, "My major

agenda items will be to promote dialogue:

faculty to faculty, faculty to staff, student

to student, student to faculty...and to con-

tinue providing a balanced curriculum and

one that has the flexibility to respond rea-

sonably to the needs of the profession..."

"The ACLU is extremely grateful to

the Friedman family for their commitment

and dedication to the work of the ACLU

over many years, and for their establish-

ment of the Howard A. Friedman First

Amendment Education Project," Ehrlich

said. "This effort is especially timely:

1991 marks the bicentennial of the Bill of

`Rights and we want to ensure that those

rights come alive for students in our

schools."

Gallo explained, "It is Howard Fried-

man's commitment to dialogue, to debate,

and to the free exchange of ideas that will

shape the Howard A. Friedman First

Amendment Education Project."

aclu news

may 1991

In Memoriam

Virginia Franklin

ne of Northern California's

most outspoken civil rights acti-

vists, Virginia Franklin, died

March 17 in Marin County, where she

had lived and worked for 24 years.

A native of San Francisco, Ms.

Franklin was a graduate of Lowell High

School and U.C. Berkeley, where she

earned a Masters Degree in Political

Science. After working as a teacher's

assistant at Napa Junior College, she

moved north to the Chico area and

began teaching at Paradise High School.

She became the subject of a nation-

wide controversy when the American

Legion and the John Birch Society

accused her of "teaching godless com-

munism and left-wing doctrines"

because she included study of socialism

and communism in her curriculum. A

1963 12-page article on the affair in

Life magazine was titled "Hell Breaks

Loose in Paradise."

Ms. Franklin sued for libel, and won

her case seven years later. An adminis-

trator at San Rafael High School hired

her after reading of the controversy, and

she taught there until her retirement in

1986. She had been under attack again

for using a book by the late Abbie

Hoffman in one of her classes, resulting

in another libel lawsuit, against the Elks

Mike Williams

T he ACLU-NC mourns the pass-

ing of Michael Williams, former

chair of the Gay Rights Chapter,

who died of AIDS in his Berkeley

home on April 23.

Williams served as Chapter chair

from February 1990 until March 1991.

"Mike was an exceptionally thoughtful

person," said current Chapter chair

Teresa Friend. "He always thought so

carefully about the impact of his actions

and words on other people and on the

world. He was very loving towards the

earth and towards other people."

Williams joined the Board of the

Gay Rights Chapter in 1987. "As one of

the only non-lawyers on the Board, he

was always coming up with innovative

ideas for the Chapter," said Friend.

Williams was the creator and organiz-

ing force behind the two successful

writing contests that the Chapter co-

sponsored in 1988 and 1989. The Gay

and Lesbian Fiction Contest, co-

sponsored by the Bay Guardian, and

the Lesbian and Gay Families Non-

Fiction Writing Contest, co-sponsored

with OUT/LOOK magazine both drew

scores of entries. "Mike handled all

aspects of those contests practically sin-

gle-handedly," said Friend.

Williams, a chemist with a Masters

Degree in Water Sciences, was also an

active outdoorsman and environmental-

ist. "So many of his friends remember

him from walks in meadows of flowers,

talks in groves of redwoods, or standing

at the top of a mountain peak after an

arduous hike," Friend recalled.

club magazine, which was settled out of

court after ten years.

Ms. Franklin was a longtime board

member of the Marin ACLU, and also

served on the state board of the League

of Women Voters and the Advisory

Committee of the Buck Center for

Research and Aging. She was a

founder of the "Close-Up" program,

through which high school students

visit Washington, D.C., and are intro-

duced to governmental institutions.

She also received the Outstanding

Teacher Award from the Marin

Educational Foundation and was

inducted into the Marin Women's Hall

of Fame. In 1988, she was honored

with the "Women Making History"

award by Congresswoman Barbara

Boxer. In granting the award, Boxer

said that Virginia Franklin "endowed

two generations of students with a pas-

sion for the democratic process, and has

inspired countless numbers of them to

seek their life's work in politics, gev-

emment, or other types of public ser-

vice."

She is survived by her sons, Warren

of Mill Valley and John of Richmond; a

twin sister, Betty Boyd, of British

Columbia, and her mother, Elsie

Thompson, of Greenbrae.

The family suggests memorial con-

tributions be sent to the ACLU-NC,

1663 Mission Street, San Francisco, Ca.

94103.

Born in Virginia, Williams came to

California as a child and graduated high

school in San Diego. For several years

after high school, he hiked and back-

packed throughout the western United

States doing agricultural work and

living off the land. His love of the

outdoors earned him the nickname

"Wander Moon". He returned to the Bay

Area to attend San Francisco State

University and graduated summa cum

laude 1985 with a degree in chemistry.

Williams later attended graduate school

at U.C. Davis on a fellowship. |

Williams worked as a water and

soils analyst for Pacific Environmental

Labs. In addition to the ACLU, he was

also an active member of the Sierra

Club and People With AIDS. A memo-

rial service for Mike Williams was held

in the backyard of his Berkeley home on

April 27.

Mike Williams at the 1988 ACLU-

NC Annual Conference, co-spon-

sored by the Gay Rights Chapter.

Union Maid Photos

Chapter Meetings

(Chapter meetings are open to all

interested members. Contact the chapter

activist listed for your area.)

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

Kensington) Chapter Meeting: (Usually

fourth Thursday) Meeting on Thursday,

May 23 in Berkeley. Contact Julie Houk,

415/848-4752, for further information.

Earl Warren (Oakland/Alameda

County) Chapter Meeting: (Usually sec-

ond Wednesday). Focus on Police

Practices. For time and address of meet-

ings, please call Irv Kermish, 415/836-

4036 or Abe Feinberg, 415/451-1122.

Fresno Chapter Meeting: (Usually third

Monday) Meeting on Monday, May 20 at

San Joaquin Law School at 6:00 PM. New

members always welcome! For address of

meetings, please call the Chapter Hotline

209/225-7380 or contact AJ. Kruth at

209/453-7145 (day).

Gay Rights Chapter Meeting: (Usually

first Thursday) Meet Thursday, May 2 at

7:00 PM. Join our mailing party at 5:30

PM on May 2 at the ACLU Office, 1663

Mission, 460, San Francisco.

Refreshments will be available. For more

information, contact Teresa Friend, 415/

272-9700.

Marin County Chapter Meeting: (Third

Monday) Meet Monday, May 20 at 7:30

PM, Westamerica Bank, Community

Room, Strawberry Shopping Center, Mill

Valley. For more information, contact

Bernie Moss, 415/332-3153.

Mid-Peninsula (Palo Alto area) Chapter

Meeting: (Usually first Thrusday) No

meeting in May; Meet on Thursday, June

6 at 7:30 PM at Security Pacific Bank, El

Camino Real, Menlo Park. New members

welcome! For more information, contact

Harry Anisgard, 415/856-9186.

Monterey County Chapter Meeting:

(Usually first Tuesday)

The Monterey County Chapter will meet

on Tuesday, May 7 at 7:30 PM at the

Monterey Library, Community Room,

Pacific and Madison Streets, Monterey.

For more information, contact Richard

Criley, 408/624-7562.

Mt. Diablo (Contra Costa County)

Chapter Meeting: (Usually fourth

Thursday) Mt. Diablo Chapter will meet

on, Thursday, May 23. For more informa-

`tion, contact Mildred Starkie, 415/934-

0557. Calling all teachers: are you inter-

ested in working with the chapter on a

civil liberties essay contest for students? If

so, contact Mildred Starkie, number

above.

North Peninsula (San Mateo area)

Chapter Meeting: (Usually third

Field Program Monthly

Meetings

~ will be on Sunday, May 5 at 2:30 PM. at

Monday) Meeting on Monday, May 20.

For more information, contact Emily

Skolnick, 340-9834. Note: The North Pen

Chapter has a new Hotline number:

579-1789. The Chapter Annual Meeting

the Beresford Center, 2720 Alameda De

Las Pulgas. A light buffet will be offered.

The featured speakers will be ACLU-NC

Executive Director Dorothy Ehrlich and

Larry Bensky, National Affairs

Corrospondent for Pacifica Radio. The

winners of the High School Essay Contest

will be presented. The North Pen Chapter

will also be honoring the Amnesty

International San Mateo County Student

Groups.

North Valley (Shasta, Siskiyou, Tehema,

and Trinity Counties) Chapter Meeting:

(Usually fourth Wednesday) Meet on May

15 at 7:00 pm at Harry's Resturant,

Cypress and Hilltop in Redding. For more

information contact Frank Treadway, 916/

365-4336 or 916/241-7725.

Sacramento Valley Chapter Meeting:

(Usually second Wednesday) Meeting on

May 8 at 7:00 pm at the Sacramento

County Offices, 700 H Street, Hearing

Room 1. For information, contact Ruth

Ordas, 916/488-9956

San Francisco Chapter Meeting:

(Usually third Monday) The Annual

Meeting of the San Francisco Chapter will

be held on Monday, May 20 at 7:00 PM at

the ACLU Office, 1663 Mission Street,

460, San Francisco. Program on Civil

Rights. For more information, call the

Chapter Information Line at 415/979-

6699, or Leon Seville, 415/681-4747.

Santa Clara Valley Chapter Meeting:

(Usually first Tuesday) Meet May 7 at 7:00

PM. at Commerce Bank Building, 111

West St. John Street, 2nd Floor Conference

Room, San Jose. Contact John Holly, 408/

554-9478, for further information.

Santa Cruz County Chapter Meeting:

(Usually second. Wednesday) Meet

Wednesday, May 8 at 7:15 PM. Chapter

will continue to work on combating hate

crimes. Look for program on homeless

issues in May. Contact Keith Lesar, 408/

688-1666, for further information. For

legal matters call Bob Taren at 408/429-

9880.

Sonoma County Chapter Meeting:

(Third Thursday of the month) Meet

Thursday, May 16 at 7:30 PM, 821

Mendocino Ave, Santa Rosa. All members

welcome. Contact Leonard Bronstein 707/

527-9018, for further information.

Stockton Chapter Meeting: For informa-

tion contact Beverly Ford 209/948-6759.

Yolo County Chapter Meeting: (Third

Thursday of the month) For more informa-

tion, contact Doug Powers, 916/756-8274.

ACLU Says First (c)

Amendment Rights Violated

by Endorsement Ban

provision in the California

A Constitution which bans political

parties from endorsing or oppos-

ing candidates for nonpartisan office vio-

lates First Amendment rights. That's the

position which the ACLU-NC will be sup-

porting in an amicus brief to be filed in the

case of Renne vs. Geary, now before the

U.S. Supreme Court.

The ACLU brief was prepared by

cooperating attorneys Karl Olson and Erin

Daly, of Cooper, White and Cooper.

The case arose when the San Francisco

registrar of voters refused to allow politi-

cal parties and party central committes to

endorse candidates in the November, 1987

elections. Article II Section 6(b) of

`Proposition 49, adopted by the voters in

1986, says that "no political party or party

central committee may endorse, support,:

or oppose a candidate for nonpartisan

office."

A federal district court ruled that the

ban on such endorsements violated the

First Amendment. But a Ninth Circuit

Court of Appeals panel reversed this rul-

ing, saying that California had a compel-

ling interest in preserving a non-partisan.

system of electing certain officials.

However, this decision was reviewed

by the full Ninth Circuit, and the court, en

banc, in a 6-3 decision, agreed with the

district court that the prohibition on parti-

san political speech violated the First

Amendment.

The ACLU national board of directors,

earlier this year, adopted a policy stating

that "restrictions on the ability of political

parties to endorse or oppose candidates,

and restrictions on the ability of candidates

to declare their political affiliations, violate

the free speech and associational rights of

candidates and political parties."

"This case is about pure political

speech, and a state's paternalistic attempt

to muzzle it," says the ACLU brief pre-

pared by Olson and Daly. "At stake is

whether voters have a right to hear what

political parties and their members have to

say about local government and the judici-

ary...the state seeks to squelch speech with

naught but its own claims to know best

how to help its citizens make wise deci-

sions."