vol. 56, no. 2

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Volume LVI

march - april 1992

No. 2

Supported by Broad Coalition

Speaker Introduces Sweeping Civil Rights Bill

hen Assembly Speaker Willie

Brown - flanked by represen-

_tatives of a wide range of civil.

rights groups - introduced the California

Civil Rights Restoration Act of 1992 into

the California Legislature March 3, he

launched a new era in state civil rights

reform. The comprehensive civil rights

bill, AB 3825, would restore the power of

the California Fair Employment and

Housing Commission to provide relief for

victims of housing and employment dis-

crimination, outlaw job and housing dis-

crimination against lesbians, gay men and

people with disabilities, prohibit English-

only workplace rules, and strengthen the

Unruh Civil Rights Act.

The California Civil Rights Restoration

Act of 1992 is the product of an unprece-

dented, broad-based coalition of civil

rights, labor and community organizations,

who joined together to formulate a legisla-

tive strategy that would once again make

California a leader in protecting its citizens

against discrimination.

"This is the most important civil rights

bill in California in nearly three decades,

backed by the most wide-ranging coalition

in recent history," said ACLU Legislative

Advocate Francisco Lobaco.

Representatives of nearly 20 organiza-

tions, including the California Civil Rights

Conference, the ACLU, the Mexican

American Legal Defense and Educational

Fund (MALDEFP), the National Organization

for Women (NOW), the California Rural

Legal Assistance Foundation, the Center

for Independent Living, and Consumers

Union, appeared with Brown at a

Sacramento press conference announcing

the new legislation. :

~- "We no longer can just be African-

American or disabled people or Latinos,

said Eva Jefferson Paterson, chair of the

Bay Area Coalition for Civil Rights. "We

A wide range of civil liberties and civil rights groups are working to ensure the passage of the Civil Rights Restoration Act of

1992.

Ann Rushing

must work together."

For nearly 100 years, California had

the toughest civil rights legislation in the

country. During the past five years, deci-

sions by the California Supreme Court -

the majority of which was appointed by

former Governor George Deukmejian -

have begun to tear apart the state's civil

rights statutes, piece by piece. "Due to the

Supreme Court's use of judicial brass

knuckles, California's civil rights law is

now weaker than federal law," said Eric

Vega, acting chair of the California Civil

Rights Conference, an statewide organiza-

tion formed in response to the deteriorat-

ing human rights climate.

AB 3825 would restore many of the

rights overturned by. four recent state

Supreme Court decisions, revive three

Picture was in "Asian Mugbook'"'

Innocent Man Sues Police

r ; Yed Nguyen, a self-employed con-

tractor in San Jose, was arrested by

San Jose police officers in March

1991. He spent over 90 days in jail and

thousands of dollars in legal fees. His

crime - absolutely nothing, except that a

year earlier, without his knowledge, the

police had put his photo in their controver-

sial "Asian Photo Album."

On March 10, the ACLU-NC filed a

suit in Santa Clara County Superior Court

on Nguyen's behalf, charging that officers

of the San Jose Police Department vio-

lated his rights to privacy, due process and

equal protection.

Nguyen is represented by ACLU-NC

staff attorney Alan Schlosser, cooperating

attorneys Edward Davis and Michael La

Bianca of the San Jose office of Pillsbury,

Madison and Sutro and Donna Yamashiro

of the Asian Law Alliance.

In the spring of 1990, Nguyen drove

up to a friend's house in San Jose where

San Jose police were conducting a narcot-

ics investigation. After the police con-

fronted him, he was taken to the station

for questioning and subsequently released

without charges. While at the station,

without his consent, Nguyen's photo was

taken. Without his knowledge, his photo-

graph was placed by the police in their

Asian Photo Album, a two volume mug-

book containing over 400 photographs,

95% of Vietnamese men.

"Despite the fact that many of the indi-

viduals depicted in the book had never

been accused of criminal activity, much

less arrested or convicted of it, the very

inclusion of a Vietnamese individual's

photo in this book was enough to stigma-

tize that individual as a criminal or a crim-

inal suspect by those who viewed the

album," said attorney Davis. "Nguyen

spent 90 days in jail and had to go through

this nightmare for something he didn't

do."

In March 1991, the police were inves-

tigating a robbery allegedly committed by

a group of Vietnamese men. The victim

was shown the Asian Photo Album and

led to believe that there was a high likeli-

hood that she would find her victimizer in

this "rogues" gallery." The victim pointed

out two photographs - one of which was

Nguyen's - which she said looked simi-

lar to the robbers. The police did not

arrange a line-up to require the victim to

identify Nguyen in person. Rather, based

solely on the identification from the pho-

Continued on page 7

measures vetoed by the Governor last ses-

sion and give California some of the

toughest laws in the country.

The California Civil Rights Restoration

Act of 1992 would:

- Overturn four recent Supreme Court

decisions which severely restrict the reme-

dies available to victims of unlawful dis-

crimination;

- Strengthen protections against job

discrimination for disabled people and

bring the state into compliance with the

federal Americans with Disabilities Act;

- Restore the authority of the

California Fair Employment and Housing

Commission to award meaningful relief to

victims of employment and housing dis-

crimination;

- Restore the Unruh Civil Rights Act

to what it was prior to the California

Supreme Court ruling in Harris vy. Capital

Investments, thereby prohibiting all forms

of arbitrary discrimination, including arbi-

trary economic discrimination;

- Ban job and housing discrimination

against gays and lesbians and affirm court

decisions which hold that discrimination

on the basis of sexual orientation is prohib-

ited;

Prohibit employers from making

rules requiring only English be spoken in

the workplace unless justified by a busi-

ness necessity;

- Prohibit discrimination in housing

against persons with disabilities or chil-

dren, thus bringing the state into compli-

ance with the federal Fair Housing

Amendments Act.

Individual bills addressing each of

`Dave the Datel

- ACLU-N C Anaad! Conference

-- August 22-24, 1992

UAC. Davis

Watch future issues of the ACLU News

for more information, or

call Field Representative Nancy Otto at 415/621 -2493,

these concerns have also been introduced

in the Legislature and will continue to be

supported by the ACLU and other groups.

However, by combining the provisions into

one omnibus measure, proponents hope to

overcome the obstacles faced by earlier,

less comprehensive civil rights legislation.

"Opponents of civil rights are extremely

influential in Sacramento," said Lobaco.

"The advocates of unfair housing and job

discrimination prowl the halls of the state

Capitol stalling, defeating and watering

down anti-discrimination efforts. This...

measure welds together consumers, minor-

ities, women, persons with disabilities,

gays and lesbians and people of conscience

into the most far-reaching civil rights act in

the history of California." :

On March 13, President Pro Tem of the

Senate David Roberti, principal co-author

of the bill, held a press conference in sup-

port of the legislation, thus assuring the

full support of the legislative leadership on

the bill in both the Assembly and the

Senate.

"T think Pete Wilson will find it real

difficult to mess around with the Civil

Rights Act of 1992," said Brown. "This

multi-faceted measure will once again

make California a leader in the protection

of its citizens against discrimination. We

simply cannot afford to allow a Supreme

Court to dismantle 100 years of civil rights

law," Brown added.

As the bill is currently heading for key

committee hearings, Lobaco urged all

ACLU members to write to their state leg-

islators urging them to support this crucial

legislation. 0

aclu news

mar - apr 1992

by Jean Field

ettye Davis and her family, whose

B Richmond home was invaded and

ransacked by police officers and

Department of Corrections agents

in 1988, have reached a partial settlement

with the City of Richmond and _ the

Richmond Police Department as the result

of an ACLU-NC lawsuit.

Although the law enforcement officers

claimed they were conducting a parole

search involving Davis's husband, Davis's

attorneys argued that individuals -do not

lose their civil rights simply because they

live with a parolee.

The settlement, which awaits final

approval by the Contra Costa Superior

Court, has the Richmond. Police

Department put into writing key aspects of

a policy on lawful parole search proce-

dures. The policy limits the scope of a

parole search with respect to persons liv-

` ing with a parolee, and ensures that offi-

cers are trained in search procedures that

respect the rights of those who live with

parolees. Davis and her family also will

receive $50,000 in damages.

"One of our main objectives was to

ensure what happened to Bettye Davis

wouldn't happen again," said cooperating

attorney Suzanne Janissen of Pillsbury,

Madison and Sutro. Janissen and John

Leflar, also of Pillsbury, and ACLU-NC

staff attorney Ed Chen represent Davis.

On a quiet September evening, 12 law

enforcement officers - eight Richmond

police officers and four Department of

Corrections agents - knocked down the

front and back doors of Davis's home, and

entered without permission or a warrant.

With their guns drawn, they handcuffed

Victim of Destructive Police Search

Richmond FamilyWins Partial Settlement

Davis and her 18-year-old son. The offi-

cers searched the house, destroying

Davis's personal belongings and scattering

her late husband's ashes, as a TV camera

crew filmed the event for an upcoming

program. Her 5-year-old stepson was

forced to sit on the couch and witness the

event. Davis's 15-year-old son, who

arrived during the search, was stopped by

an armed officer on the front lawn and

prevented from entering his home. His

belongings were searched in full view of

his neighbors.

"You can't treat people like that just

because they live with a parolee," said

Janissen. "There was no written policy in

Richmond about the limits of a parole

search, and many officers had no training

whatsoever. These officers had a funda-

mental lack of understanding about what

the law allows."

As a result of the settlement, the

Richmond Police agreed to put in a written

settlement agreement key aspects of a pol-

icy on lawful parole search procedures,

including:

e Officers may only search areas and

personal property that they "reasonably

suspect" are owned, occupied or con-

trolled by the parolee. Living with a

parolee is not sufficient to create reason-

able suspicion that all personal property

found on the premises is owned, possessed

or controlled by the parolee.

e Officers may not force their way into

a home until the residents have had a rea-

sonable time to respond to a "knock and

announce," except in special circum-

stances.

e During the search, officers may not

"pat down" or handcuff anyone but the

parolee unless officers have reasonable

Mt. Davidson Cross Ruling

to Be Appealed

by Jane Bailie

ollowing an unfavorable ruling in

- US. District Court, the ACLU-NC

and other organizations concerned

with religious liberty are planning to

appeal a decision that allows the City of

San Francisco to own and maintain the

huge cross on Mt. Davidson.

The 103-foot-tall religious symbol, the

largest cross in the United States, stands in

a public park atop the highest peak in San

Francisco, and at the center of an extended

controversy between city officials and

civil libertarians over federal and state

constitutional provisions regarding the

separation of church and state.

The ACLU-NC, the American Jewish

Congress (AJC), and Americans United

for the Separation of Church and State, on

behalf of seven individuals representing

various religious communities, will appeal

the January 16 ruling by U.S. District

Judge John P. Vukasin. The judge deter-

mined that city ownership and mainte-

nance of the cross does not indicate that

the local government aligns itself with

Christianity, and is therefore constitu-

tional.

But ACLU-NC staff attorney Margaret

Crosby disagrees. "The government's dis-

play of the Mount Davidson cross broad-

casts a message of exclusion to members

of minority religions. In San Francisco,

with its diverse population, people of all

faiths should feel welcome in public

parks," she added.

The lawsuit, Carpenter yv. San

Francisco, was filed on behalf of

Reverend Victor Carpenter, minister of the

First Unitarian Church of San Francisco,

Reverend James Lowder, pastor of

Dolores Street Baptist Church, Rabbi

Allen B. Bennett, regional executive direc-

"The government's

display of the Mount

Davidson cross

broadcasts a message of

exclusion to members of

minority religions."

tor of the American Jewish Congress, and

Ron Nakasone, a Buddhist priest and pro-

fessor of theology at the Institute of

Buddhist Studies, as well as several San

Franciscans who live or work within the

view of the towering religious symbol.

Crosby, Thomas Steel of Americans

United for Separation of Chruch and State

and Fred Blum of AJC asked the City and

County of San Francisco to divest itself of

the ownership and maintenance of the

cross. The lawsuit charged that the City's

placing a huge Christian symbol in a pub-

lic park makes many people feel like out-

siders who are not welcome in city parks.

"T feel that the ownership of the cross

by the City sends a message that the Bay

Area is a Christian community and that

members of non-Chrisitian faiths are sec-

ond-class citizens whose views are disfa-

vored," said Buddhist priest Nakasone.

But Vukasin said the message of the

cross, dedicated by President Franklin D.

Roosevelt in 1934, should be interpreted

as historical rather than ecclesastical since

"it serves as a reminder of the past."

Not so, said attorney Steel. "History

alone cannot justify this cross," he said.

"It broadcasts the message to people of

minority faiths that they are...less power-

ful than people of the majority faith."

Jane Bailie is an ACLU News intern.

Bettye Davis

Ric Rocamora

suspicion that the person is armed or

presents a threat to officer safety.

e The premises searched must be

restored to the condition in which they

were found, to the extent reasonably prac-

ticable, and an inventory of property

seized must be left at the residence. In

addition, occupants must be advised of

their right to compensation for unneces-

sary damage.

cent No one, other than those reasonably

necessary to the search, may attend the

search unless all the residents (except the

parolee) consent.

e Officers cannot use a parole search as

a means to enter a residence without a

watrant in order to search for evidence of

criminal activity by someone other than

the parolee.

cent Citizen complaints about an officer's

conduct during a parole search must be

investigated promptly and thoroughly by

the Internal Affairs Office or the officer's

supervisor.

e The Police Department's Major

Offender Resource Officer, appointed in

March 1989, must monitor changes and

developments in state and federal parole-

search laws, and make sure Richmond

police officers and the Department's

Training officer are aware of them.

The lawsuit, Bettye Davis et al. v. the

California Department of Corrections, et

al., is still pending against the Department

of Corrections and its Director. The trial is

set for May 5 in Contra Costa Superior

Court before Judge Peter Spinetta.

Jean Field is an assistant in the Public

Information Department.

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

Milton Estes, Chairperson

Dorothy Ehrlich, Executive Director

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

aciu news

mar - apr 1992 3

Clemency Sought for Robert Harris

California from resuming executions

by killing a man who suffers from

Fetal Alcohol Syndrome, Robert Harris's

attorneys filed a petition for clemency with

Governor Pete Wilson on March 18. The

petition was filed by Howard I. Friedman,

a partner in the Los Angeles law firm of

Loeb and Loeb, who said that "the unique

circumstances of this case make life with-

out possibility of parole a more appropriate

sentence for Mr. Harris."

Harris's defense team, which includes

Michael Laurence, Director of the ACLU-

NC Death Penalty Project, welcomed the

assistance of Friedman, a renowned civil

litigator and superb trial attorney.

Governor Wilson, speaking to reporters

at a press conference in Sonoma on March

23, said that he would hold a clemency

hearing for Harris. "Clemency, by defini-

tion, is an act of executive mercy. It doesn't

go to the question of guilt - that is long

since settled - nor does it go to the wis-

dom of capital punishment. It is purely and

simply an act of executive mercy."

ACLU-NC Executive Director Dorothy

Ehrlich was encouraged by the Governor's

statements. "It suggests the Governor is

taking seriously his important responsibil-

ity as chief executive."

"The clemency hearing will be the first

time that any decision maker has granted

to hear the new evidence that Harris suf-

fered from Fetal Alcohol Syndrome and

organic brain damage," Ehrlich said.

The Governor subsequently set a clem-

ency hearing - with one hour for each

side - for April 15 at the state Capitol in

Sacramento.

On March 27, Attorney Friedman asked

the Governor to grant a 30-day reprieve to

allow for proper presentation of the case.

Friedman also stated that a one hour time

limit does not afford a "reasonable oppor-

tunity to prepare and present the material

needed for a fully informed clemency

decision."

At press time, the Governnor still had

not responded to Friedman's request.

"There hasn't been a clemency hearing in

this state in over 25 years," said Ehrlich.

"This is an opportunity to shape the way

future hearings will be held. There will be

an impact on cases that will come later and

it is very important to develop fair proce-

dures."

I: an attempt to prevent the state of

Fetal Alcohol Syndrome

Despite the fact that leading mental

health experts all agree that Robert Harris

suffers from Fetal Alcohol Syndrome

(FAS), Organic Brain Damage, and Post-

Traumatic Stress Disorder caused by years

of abandonment and horrific child abuse

by his parents, no court has granted an

evidentiary hearing on the new evidence,

nor had the trial jury that sentenced Harris

to death ever heard that compelling

evidence.

"The jury that sentenced Robert Harris

to death heard only misleading and false

testimony from a prosecution `expert,""

Laurence charged.

Harris's mental disabilities stem from

his birth, which was awash with alcohol

and marked by violence. He was born three

months premature when his drunken father

kicked his mother repeatedly in her stom-

ach and crotch with his combat boots.

Because of his mother's alcohol consump-

tion during her pregnancy, Harris was born

with Fetal Alcohol Syndrome, which

resulted in irreversible mental and emo-

tional impairments.

Throughout his childhood, he was

repeatedly beaten, including being

knocked out of his high chair at the age of

two. His father would not let anyone help

the bleeding baby but instead picked him

up and threw him on a bed. Harris bled

clear through his pillow. He was taken to

the hospital only after his father had fallen

asleep.

At age fourteen, Harris who had been

working with his family as a migrant farm-

worker, was abandoned in a tomato field

outside Marysville.

The physical and psychological effects

The U.S. Supreme Court denial of Robert Harris's appeal led to outrage and action

by death penalty foes. Above, a protestor in front of the San Francisco Federal

Building at a rally on the day of the ruling.

Paul Chinn, San Francisco Examiner

of the unrelenting abuse inflicted on him

during his childhood and even before he

was born, left Robert Harris a severely

damaged individual. His mother's heavy

Tuesdays /Fridays, March 24 to April 17

-- Leafleting Every Tuesday and Friday at

noon, death penalty opponents will leaflet in

drinking while pregnant with him led to

Harris being born with the irreversible

brain disorder known as FAS. He has

many of the hallmarks of FAS, including

Morning - Beginning at 7 o.m., penalty

foes will march from the Palace of the Legion of

Honor in San Francisco to San Quentin.

at San Quentin and

Evening - All-night

intellectual deficiencies, hyperactivity,

poor coordination and motor control and

deficiencies in growth and emotional

development.

Because of his poverty and subsequent

inadequate psychological evaluation, the

jury that sentenced Harris to death was

unaware of his disabilities and never knew

that he lacked the mental capability to

commit the crime for which he was sen-

tenced to death - premeditated murder.

"Despite his mental disabilities,

because of his poverty, Robert Harris

never received a minimally adequate psy-

chiatric examination at trial," said

Laurence. "It was not until the defense

team - at its own expense - brought in

competent psychiatric examiners in 1990,

that the true extent of Harris's organic

brain disorders came to light."

Support for Clemency

Support for clemency has come from

many quarters, including the religious

community, medical and psychological

experts, politicians and even some law

enforcement officials. San Francisco

Sheriff Michael Hennessey wrote to

Wilson urging him to commute the death

sentence. "For the state of California to

commit premeditated murder by taking

Harris's life, to me, is just as despicable

{as Harris's crime]."

"Although the majority of Californians

support the death penalty in the abstract,

the overwhelming majority oppose execut-

ing brain damaged individuals," said

Laurence.

The clemency petition was filed fol-

lowing a March 2 decision by the United

States Supreme Court which denied

Robert Harris's appeal to overturn the

Ninth Circuit's 1991 2-1 decision denying

him a new trial.

Charging that with its March 2 deci-

sion, the U.S. Supreme Court "officially

turned its back on its historic responsibil-

ity to protect the rights of all people,"

Laurence filed a new motion on behalf of

Harris in the Ninth Circuit Court of

Appeals. The basis of that motion was

startling new evidence that proved that a

1976 EEG examination of Robert Harris

- the examination that the appellate court

relied on in rejecting the last appeal -

was administered by inmates at the

California Men's Colony, rather than by

trained technicians. In support of the

motion, Harris's attorneys submitted sev-

eral declarations from medical experts,

including two calling the 1976 results

"Invalid."

However, that motion was rejected on

March 6.

Laurence said, "The Constitution was

not designed to protect only those who can

afford justice, but rather was intended to

`ensure that indigent people are not sen-

tenced to die merely because they lack the

resources necessary to mount a defense."

To order materials, to find out about

events in your area, or to get involved

in the anti-death penalty activities, call

ACLU-NC Field Representative Nancy

Otto, at 415/621-2493 or Death

Penalty Focus at 510/452-9505.

aclu news

mar - apr 1992

ne year ago on March 3, Rodney

King was beaten by Los Angeles

police officers. The videotaped

incident catapulted the issue of police bru-

tality into living rooms around the nation.

"In the year since, government offi-

cials, legislators and police departments

have been doing a lot of talking about the

problems of police abuse. But there's been

far too little action,' said John Crew,

Director of the ACLU-NC Police

Practices Project. "Police abuse, espe-

cially against people of color, remains a

major problem, nationally and in the Bay

Area."

For example, 575 allegations of police

brutality were reported to San Francisco's

Office of Citizen Complaints in 1991 - a

20% increase over the previous year. In

San Leandro, high school students were

beaten by police because they protested

the arrest of student for jaywalking. In

Alameda, it was disclosed that a number

of officers were making racist remarks

and sometimes threats via their police

computers.

Prentice Earl Sanders of Officers for

Justice said, "Police sometimes forget

`who they work for - they work for citi-

zens, they are not an entity unto them-

selves. Their duty is as peace makers and

fact gatherers and they are charged with

maintaining peace and public safety -

but because of incidents experienced by

certain ethnic groups and lower socioeco-

nomic groups, the police have become an

enemy not a friend. This is unfortunate -

it's time for a change inside police organi-

zations and time for the public to force a

change," said the veteran police officer.

National Coalition

The newly formed National Coalition

for Police Accountability called for March

3 to be a National Day of Protest to stop

police abuse. Educational forums, rallies

and other events took place to call atten-

tion to the inaction of public officials in

the year since the King beating.

At a San Francisco press conference

co-sponsored by the American Civil

Liberties Union of Northern California

and the Bay Area chapter of the National

Coalition for Police Accountability, orga-

nizers announced new strategies aimed at

bringing about real and lasting reforms of

police practices:

cent The ACLU released its new publica-

tion Fighting Police Abuse: A Community

Action Manual, which will be distributed

to a wide range of groups, including civil

rights organizations, advocates for the

homeless, gay rights groups, and commu-

nity and civic leaders across the country.

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_1992.batch 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 Citing the need for public pressure

on elected officials to reverse a "dreadful

legislative record" on police abuse issues,

the ACLU called for the defeat of the

"rogue cop protection bill" (AB 2067) in

the California Legislature and the passage

of the Police Accountability Act (HR

2972) in Congress (see articles this page).

0x00B0 Recruiting lawyers to litigate police

abuse cases involving people of color is a

priority of the Racial Violence Project of

the San Francisco Lawyers Committee for

Urban Affairs.

cent The Racial Violence Project is redou-

bling its efforts to educate community

groups that police violence is hate vio-

_lence.

cent The Bay Area chapter of the National

Coalition for Police Accountability

(BACPA) is kicked off its campaign with

a noon rally at UC Berkeley and a stand-

ing room only forum featuring Dolores

Huerta at the Mission Cultural Center in

San Franicsco.

Community Action

"We are calling on communities to

unite to stop police abuse," said Andrea

Prichett of BACPA and COPWATCH.

"Besides fighting legal battles against vio-

Rodney King - cent

Police Watchdog Gro

Strategies to Sten

Inspector Earl Sanders of Officers for Justice, Diane Chin, and John Crew (r.-1.) decry lack 0 government action to stem police

abuse at San Francisco press conference marking the one year anniversary of the Rodney King beating.

Union Maid

"There can be a no more outrageous experience

than to be attacked or threatened by those whose

responsibility it is to protect you, or to be

mistreated when calling upon law enforcement

after being victimized in an incident of

racially-motivated violence."

-Diane Chin

Racial Violence Project

lent officers and unjust police policies,

every citizen must take responsibility to

keep an eye on the police."

Crew noted that the new ACLU man-

ual Fighting Police Abuse provides a rec-

ipe of strategies for communities

struggling to reform local law enforcement

agencies. While noting that stubborn prob-

lems of police abuse may be complex, the

manual emphasizes that by employing

some of the suggested plans, "even one

person or a small group of persistent peo-

ple can make a big difference." These sug-

gestions include: - establishing or

strengthening civilian review systems;

conducting educational campaigns; using

open record laws to evaluate police inci-

dents and procedures; reforming deadly

force and use of force policies; improving

police training; encouraging diversity in

recruitment and promotion of officers; and

monitoring police actions on the street.

Hate Crimes

"There can be a no more outrageous

experience than to be attacked or threat-

ened by those whose responsibility it is to

protect you, or to be mistreated when call-

ing upon law enforcement after being vic-

timized in an incident of racially-

motivated violence," said Diane Chin of

the Racial Violence Project of the San

Francisco Lawyers Committee on Urban

Affairs. "It is the responsibility of all peo-

ple of conscience to begin to effectively

address the issue of police abuse and mis-

conduct. Until this happens, the guardians

will not be trusted and hate crimes will not

be reported and fully confronted."

Sanders added, "Law enforcement offi-

cers work for public and the public is

made up of everybody - not just those

persons of a privileged class. A poor

homeless person should get the same treat-

ment from police as the affluent socialite."

"We must put the issue of police bru-

tality on the national agenda," said

Prichett, "because we are determined to

live in a free and open society where the

rule of law applies to all people equally,

even if they wear a badge."

Copies of the new ACLU manual

"Fighting Police Abuse: A Community

Action Manual" are available for $5.00

(five or more copies $3.50 each). Please

send a check or money order payable to

the American Civil Liberties Union and

send to ACLU Dept. L, P.O. Box 794,

Medford, New York 11763.

following

=~ ing, US bee Don Edwards @-California)

introduced the Police AEN Act - R. | in

Congress. -

The federal legislation would make it unlawful for _

police officers "to engage in a pattern or practice of con-

duct....that_ deprives persons of rights, privileges, or

immunities, secured or protected by the Constitution or

_ laws of the United States."

The bill would also give private bares iezal stand-

_ epueial given the current a niatons | inthe law. Forexam- __

_ ple, Rodney King will be able to sue for the brutality he -

__ suffered, but he probably doesn't have 'standing' to geta _

federal court to order the Los Angeles Police Department -

_to take specific steps to bring an end to its pattern of abu-

sive behavior." _

_ "Lawmakers have been reluctant to enact police

accountability legislation in the past," said national

ACLU Field Director Gene Guerrero, "because they did _

not want to appear 'anti-police,' even though most law

enforcement leaders believe that police abuse interferes

ing to bring such civil actions against police agencies

and provide criminal penalties for those law enforcement _

oficers: found guilty of misconduct.

According to ACLU-NC Police Practices Project _

"Director John Crew, "The standing issue is particularly -

with effective law enforcement. This bill is extremely _

important because it increases the authority both of the -

____ Justice Department and individuals to turn to the edo _

- court to halt re misconduct, o ne added.

aclu news

mar - apr 1992 5

One Year Later

oups Announce New

om Police Abuse

olice sometimes forget

who they work for - they work for

citizens, they are not an entity unto

themselves. Their duty is as peace

makers and fact gatherers ... but

because of incidents experienced by

certain ethnic groups and lower

socioeconomic groups, the police

have become an enemy not a friend.

It's time for a change."

- Earl Sanders

Officers for Justice

New ACLU manual will help community organizations in their efforts to stop police j

abuse.

The Basic Guide to Free Expression

The Right to Protest

The Right to Protest: The Basic the First Amendment, Supreme Court

Sacramento

`Trying to Stop the "Rogue

SOR Protection"' Bill -

n an sal alliance, the ACLU

and law enforcement management

am. have joined forces to battle a pro-

_ posed bill that would diminish police

accountability by blunting investiga-

tions into alleged officer misconduct.

"AB 2067 would allow police offi-

cers to virtually stonewall investiga-

tions into any kind of misconduct,"

said ACLU Ecoilative Director

Margaret Pefia

AB 2067, authored by Assemblyman

Richard Floyd (D-Gardena), is nick-

named the ` `rogue cop bill" because it

_ would effectively insulate police offi- _

_ cers: by allowing them to refuse to

answer any questions that might lead to

any oo action Caos any offi-

| cor

thus, even routine

between police staff and their superiors

would be stifled, since officers could

withhold information if they felt that -

conversations were in any way investi-

gative.

AB 2067 slid through the Assembly

Public Safety Committee on a unani-

mous 5-0 vote, with the endorsement

of the Committee Chair John Burton

(D-San Francisco), Tom Bates and

Barbara Lee, both Oakland Democrats.

The full Assembly then passed the

measure by an overwhelming margin

of 69-4. The bill now awaits a vote by

the Senate Judiciary Committee.

"It's unfortunate that the

Legislature has failed to respond to the

interactions

Rodney King incident, and instead is

promoting a measure which would fur-

ther insulate the police from accounta-

bility," Pefia said.

Like the alliance against it, the bill

has attracted an unusual mixture of

support. A number of leading liberal

Democrats who have traditionally been

in favor of measures curbing police

abuse are now alighing themselves

with law enforcement unions through

_their support of AB 2067.

Opponents to the bill attribute this

unusual support to election-year pres-

sures. Police association endorsements

lend liberal candidates credibility as"

"crime fighters" by playing to popular -

conservative perceptions of law and |

order, according to political columnist _

Dan Walters of the Sacramento Bee.

_ John Crew, Director of the ACLU-

NC Police Practices Project noted,

"This political bargain would in fact

_ hinder the very public whose interests

politicians and police are sworn to

serve. This bill would encourage

cover-ups of alleged misconduct by

codifying the `code of silence' into

law."

Joining the ACLU in opposition to

AB 2067 are numerous local govern-

ment and law enforcement organiza-

tions, including the County

Supervisors Association of California,

the California District Attorneys

Association and the California Police

Chiefs' Association. 1

Guide to Free Expression. J. M. Gora,

D. Goldberger, G. M. Stern, and M. H.

Halperin, Southern Illinois University

Press, Ill., 1991. 339 pages

By Karin Guenther

o you need a permit to hold a

march protesting war? Can you be

arrested during a demonstration if

the police haven't ordered you to disperse?

When can the FBI spy on political organi-

zations?

Questions about protestors' rights are

especially relevant to northern California.

This year alone, San Francisco has staged

some of the largest anti-war demonstra-

tions in the nation. It has also been the

focal point for AIDS research activism.

And the ACLU of Northern California has

repeatedly gone to bat for protestors'

rights. Among many others, it has

defended environmental protestors at

Redwood Summer, anti-war demonstrators

who were injured at Concord Naval

Weapons Station, and even the Peace

Navy, which took its anti-militarism mes-

sage to sea.

The Right to Protest follows in the best

tradition of ACLU handbooks. It takes the

complicated issue of protestors' rights and

treats it with remarkable clarity and thor-

oughness. It makes sense out of the widely

varying laws that cover speech and politi-

cal actions, as well as government investi-

gation and intervention. Not only

protestors, but all individuals interested in

knowing their basic First and Fourth

Amendment rights will find this straight-

forward presentation indispensable.

One of the most useful features of this

handbook is its breadth. To define protest

only in terms of large, public demonstra-

tions would be to ignore the less spectacu-

lar forms of dissent. Consequently, the

guide raises and answers questions con-

cerning flyering, traveling, importing pub-

lications, boycotts, tax resistance, and

numerous other acts which demonstrate an

individual's disagreement with the status quo.

Because the right to protest is based on

. that answer,

interpretations are crucial. The current

Supreme Court grows more conservative

with each new member, and this painstak-

ingly documented handbook helps provide

background into the major decisions which

are handed down each day.

For example, the handbook asks, "Can

government withhold or withdraw funding

from specific speech or protest activities

that the government does not want to sub-

sidize?" and proceeds to sketch a brief his-

tory of court rulings on the issue. Finally,

it concedes that the answer is unclear at

the time of publication. But the recent Rust

v. Sullivan "Gag Rule" decision - issued in

May - seems to give the government

license to use public funds as a weapon in

the fight for a political agenda.

The "Gag Rule" decision illustrates not

only how this handbook can be helpful,

but also its main drawback. Because the

current court is so willing to depart from

precedent, especially in the area of police

license (which comprises the last third of

this guide), the guidelines in this book

must be supplemented with a careful moni-

toring of new developments.

Of course, the inevitable dating of any

publication does not preclude its useful-

ness. Published in 1991, this guide is cur-

rent on all but the most recent of issues,

and its historical documentation will never

be out of date.

Like other ACLU handbooks, this vol-

ume is designed for quick reference to spe-

cific issues. The table of contents divides

the book into eighteen subsections.

Each aspect of an issue is presented as

a question in boldfaced type. It is immedi-

ately followed by a short answer, and the

remainder of the paragraph expands on

frequently illustrating the

point with examples or-briefly tracing its

historical development.

Whether the reader is looking for

advice on a specific situation or merely

perusing, the handbook is a valuable and

informative tool. 0

Karin Guenther was an intern in the

ACLU-NC Public Information Department.

aclu news

mar - apr 1992

Lawyers Council Launches

Fund Campaign

he ACLU-NC Lawyers Council, co-chaired by David Balabanian and Susan

Harriman, kicked off its fundraising campaign on January 30 seeking to raise

$53,000 for the ACLU legal program.

The 47 members of the Steering Committee are phoning Bay Area attorneys inviting

them to join the Lawyers Council by making a contribution of $200 or more to commem-

orate the 200th anniversary of the Bill of Rights.

The Lawyers Council, which is the first systematic effort to organize the Bay Area

legal community to financially support the ACLU-NC, serves in an advisory capacity to

the ACLU-NC legal and legislative departments and helps identify new donors and coop-

erating attorneys for the affiliate.

Lawyers Council Steering

Committee

David Balabanian, Co-chair

Susan Harriman, Co-chair

Ruth N. Borenstein, David

Drummond, Gary Ewell, James M.

Finberg, Charles N. Freiberg, Mary

E. McCutcheon, Ethan P. Schulman,

Cristina C. Arguedas, Aileen L.

Arrieta, Nance F. Becker, Michael

Beriss, Eileen M. Blumenthal, Diane

R. Cash, Tiela M. Chalmers, Patrick

Cooper, Aron Cramer, Ann G.

Daniels, James A. Dorskind, Scott A.

Fink, Patrick J. Flinn, Stanley J.

Friedman, Margaret A. Imber, Martin

Kassman, Sanford Kingsley, Judith

G. Kleinberg, Nancy J. Koch, Ellen

Lake, Bruce Maximov, Randy

Michelson, Karl Olson, Michelle

Bryan Oroschakoff, Tamar Pachter,

Jenniter (c) - Rizer Randy sue

Pollock, Matt Quilter, Michael F.

Ram, Isabelle Salgado, Lori A.

Schechter, Brian D. Smith, Priscilla

Smith, Robert Stein, Daniel

Titelbaum, Steven L. Vettel, Douglas

R. Young, Mitchell Zimmerman.

Susan Harriman, Co-chair of the

Lawyers Council Campaign, calls for

donations at the February launching of

the Council's fundraising drive.

Union Maid Photos

Jim Rhoads

New Financial Manager

s the new Financial Manager for

the ACLU-NC, Jim Rhoads has

found the perfect combination for

his skills in accounting and his passion for

civil liberties. Rhoads comes to the

ACLU-NC with over 20 years experience

in accounting for both multi-million dollar

companies and community-based non-

profit organizations.

Rhoads, who graduated from the

University of Washington in 1970 and

received an MBA from San Francisco

State University in 1979, says he has

"Tong identified with the ACLU on almost

all positions."

Most recently, as former President of

the Haight Ashbury Neighborhood

Council, he worked with ACLU-NC staff

attorneys Margaret Crosby and John Crew

in helping to convince the city to grant a

permit to Food Not Bombs to distribute

food in Golden Gate Park. "We supported

Food Not Bombs in their effort to give

away food to the hungry on Mondays in

the Park - Monday is the only day that

there are no other food give-aways in the

Haight Ashbury," explained Rhoads. "We

wanted to support this group because it

was helping homeless and hungry people

in our neighborhood," he added.

Rhoads brings a great deal of expertise

to his new position where he deals with

the ACLU-NC's $1.9 million annual bud-

get. After working as an accountant and

controller for several large companies,

Rhoads became an accounting and man-

agement consultant for businesses and

nonprofit organizations in 1984. He orga-

nized the accounting systems of the

California Society of Anesthesiologists

and San Francisco Community Recyclers,

among others. He also volunteered his

accounting services to a number of groups

including the Haight Ashbury Street

Cleaners, an organization of homeless

Jim Rhoads Fran Beal

workers who recently won the 1991 Clean

City Coalition Award.

He says that he finds the work at the

ACLU-NC "challenging" and that in the

future he would like to provide more

reports on budget comparisons "so that the

staff can more easily track their progress

on controlling expenditures," and to work

more closely with the Chapters. "I would

like to offer the Chapters some assistance

with financial matters, because I know that

the volunteer treasurers have a limited

amount of time," Rhoads said.

A veteran political activist who helped

found the Civil Rights Commission of the

Coalition on Homelessness, Rhoads is cur-

rently a Board member of the Haight

Ashbury Neighborhood Council and is

working on a San Francisco ballot initia-

tive to establish a city-wide agency to

coordinate environmental activities. The

father of a 19-year old actor Nathan,

Rhoads has just enrolled in a film class at

U.C. Berkeley.

What ACLU Members Should Know

A New Dimension in hife

Insurance

o you think that a plan

blending a charitable

donation and life insu-

Fance Coula achieve

financial benefits for

you and your family? Donors to

many causes, including the ACLU,

are creatively combining these

ingredients with great success.

As you probably know, life ingu-

rancee can be used as a direct

gift or it may be used to replace

the value of other assets

donated to a charity.

Donating a life

insurance policy

directly.

If you want to make a sub-

stantial gift but you don't have

the funds available, you may wish

to consider purchasing a life

insurance policy for the amount

of the desired gift. Ihe ACLU-NC

Foundation, for example, could be

designated as the owner and

beneficiary, and all current and

future premiums paid by you

would be tax deductible.

If you have an existing life

insurance policy that is no longer

needed by your family, the policy

ownership and beneficiary could

De. trhanererred. ro the ACLUANG

Foundation. You would obtain a

current income tax deduction for

the value of the policy at the

time of transfer because the

ACLU-NC Foundation is a 501C-3

organization. Future premiums

you pay would also be tax

deductible.

Life insurance to

replace assets that

have been given to the

ACLU

A Charitable Reminder Trust

enables you to give assets to the

ACLU-NC Foundation. Stock or

property that has appreciated

are frequently used to fund the

Trust. After the gift is given, the

ACLU ordinarily sells the asset

tax free and with the full sale

proceeds, the organization pays

an income for life or for a given

MUumbor Of Years fo you of

whoever you designate. Of

course, your income tax deeduc-

tion is reduced by the projected

Value oO Your TUvUre income

stream. The ACLU Foundation

gets the remaining interest.

Both parties benefit: you receive

more income and an income tax

deduction; the ACLU has use of

the funds. after the income

stream is completed.

It might appear that your

heirs are losers in the transac-

tion because they would have

received the donated asset(s)

after your death, minus estate

taxes. However, if you are ingura-

ble, life insurance can remedy

this problem.

Using part of your increased

income stream, you could make

gifts of money outright to your

adult children or to an irrevoca-

ble trust for the benefit of your

heirs. These gifts could then be

used to buy life insurance on your

life to replace, estate tax free,

the face value of the charitable

gift. If the income stream from

the charitable trust is to con-

tinue for the life of two individu-

als, the insurance could be

structured to pay only at the

geauh Of the Survivor line

amount of the life insurance that

is purchased could reflect the

potential increased value of the

asset at your life expectancy.

This estate planning strategy

may be advantageous for you

whether you're just starting out

or you're well established. For a

confidentia,| no cost, no obliga-

tion consultation, please call:

Jan DeJong

ACLU's Director of Planned Giving

415/621-2493.

Shelter More Than

Just Your Money

In these times of economic uncertainty. an ACLU

Foundation Gift Annuity is more than just a safe

investment. It is a way that you can preserve the Bill of

Rights for future generations.

A minimum contribution of $5.000 provides:

@ Guaranteed income for life

@ Favorable tax treatment of income

@ Income tax savings

(R) Free money management

(R) A stronger Bill of Rights

Please send me information on:

Q ACLU Foundation Gift Annuity

Q Other life income plans

-Q Remembering the ACLU Foundation in my will

Name

Address

City State Zip

Telephone Best time to call

ACLU Foundation Office of Planned Giving

eee er ee

aclu news

mar - apr 1992 7

Freedom of Choice Act will Preserve Roe

r ; WV he ACLU-NC Pro-Choice Action

Campaign is joining thousands of

activists around the country in a

campaign to ensure the passage of the

Freedom of Choice Act, now pending in

Congress.

The Act, (S. 25 in the Senate and H.R..

25 in the House) will protect access to

abortion on a federal level.

The measure would prohibit any state

from restricting the right of a woman to

choose abortion before fetal viability, that

point of pregnancy when the fetus is capa-

ble of independent survival, or at any stage

of the pregnancy when the procedure is

necessary to protect the woman's life or

health.

Field Representative Nancy Otto said,

"Timing for this crucial legislation is

immediate. This measure is urgently

needed because the U.S. Supreme Court is

expected to issue its opinion in Casey v.

Planned Parenthood, the Pennsylvania

case which could completely erode the

right to choose abortion, by the conclusion

of the Court's term in late June or early

July. ACLU lobbyists in Washington pre-

dict that this bill will be on the floors of

both the House and Senate sometime in

June - about the same time the Supreme

Court decision is due."

The Pro-Choice Action Campaign is

mounting a massive campaign to get the

Freedom of Choice Act passed without

any weakening amendments, and with

enough votes to override a Presidential

veto. Otto called on all pro-choice support-

ers to send letters to U.S. Representatives

Frank Riggs, Gary Condit, Wally Herger,

and John Doolittle asking that they co-

sponsor H.R. 25. Otto also encouraged let-

ters to all other northern California

Representatives thanking them for their

support of H.R. 25 and asking them to take

a leadership role in ensuring that no

amendments be attached to this bill that

would undermine young women's access

to abortion.

Activists are mobilizing for pro-choice

rallies in San Francisco on March 29 and

in Washington, D.C. on April 5. For more

information, call Nancy Otto at 415/621-

2493. Please let her know what action you

have taken on this bill.

The address for all U.S.

Representatives:

The Honorable

U.S. House of Representatives

Washington, DC 20515

Victim of War on Drugs

Berkeley Tenant Wins

Housing Back

f@ anice Erwin took the Berkeley

Housing Authority to court - and

won - after she and her daughter

were forced out of their home following

their disqualification from a federal hous- -

ing subsidy program because of allega-

tions by paid police informants about drug ~

sales.

"To terminate benefits or evict a tenant

without establishing that tenant's partici-

Because even the police informants'

statements established that Janice Erwin

was not in the apartment during the

alleged drug transactions, there was no

evidence that she was involved in any

drug sales said Schlosser.

Alameda County Superior Court Judge

Joanne Parrilli ruled on February 27 that

the findings of the BHA do not support the

decision to terminate Erwin's Section

pation in or at

least knowledge 3 Eight -_ housing

of illegal activities "To terminate benefits benefits, because

is a violation of 0 2 there were no

due process," said OF evict a tenant without _ findings that Erwin

ACLU-NC_ Alan

establishing that

knew or should

Schlosser who have known that

Soa or at least knowledge of ei

Bernida Reagan. Ulegal activities is a eae

= ihe constitu-

tional issue takes

on added practical

significance _ be-

cause such a ter-

mination is often a sentence of homeless-

ness for low-income tenants."

Erwin's odyssey began in November

1990 when Berkeley city officials alleged

that drugs were sold from her home. Under

Section 8 of the Housing and Urban

Development (HUD) regulations, federal

rent subsidies can be withheld in the event

that the housing unit is used for non-

residential purposes. :

Law enforcement officials based most

of their case on hearsay evidence from two

anonymous paid informants, who were

drug offenders working for the police

department. The informants allegedly pur-

chased drugs from Erwin's brother Robert

at Erwin's apartment. The only evidence

that drugs were sold from Erwin's apart-

ment was the uncorroborated statements of

the informants to police officers who were

stationed outside the apartment building

while the alleged buys were taking place.

"Because neither informant was present at

the November hearing before the Berkeley

Housing Authority, Erwin's right to due

process was violated," charged Schlosser,

who appealed the Housing Authority rul-

ing in superior court.

violation of due

process,"

how _ individual

rights are threat-

ened by the so-

called War on

Drugs," said Schlosser. "We recognize

that there is a drug problem in low-income

housing projects that is of great concern to

other tenants and law enforcement.

However, we cannot allow Berkeley's zeal

to be a leader in the War on Drugs to over-

ride constitutional rights."

telat WR be

SERRE IONE oe

Pro-choice activists are mobilizing for marches in San Francisco on March 29 and

Washington, D.C. on April 5 to defend the right to choose.

Jean Field

Nakatani Joins

Development Staff

obert Nakatani has joined

the Development Department

as a writer with responsi-

bility for preparing grant propo-

sals, reports, membership and

donor appeal letters, and other

fundraising tools.

Nakatani, originally from

Honolulu, worked in law and edu-

cation before joining the ACLU-

NC staff in October. A 1967 eco-

nomics graduate from Stanford,

Nakatani also received an MA in

Education from U.C. Berkeley in

1972 and graduated from Boalt

Hall School of Law in 1981.

Nakatani spent three years in

the Peace Corps in Sierra Leone

where he taught in village elemen-

tary schools and ran an in-service

training program for teachers in the

Eastern Province. It was there that

Nakatani met fourth grader, Joseph

Bullie, who became his foster son

and came to live with him in

Berkeley.

After graduating from law

school, he was in private practice

in San Francisco and Berkeley, focusing

on estate planning and probate for gays

and lesbians, particularly for people with

AIDS.

He later took up a post at Continuing

Education of the Bar (CEB), a nonprofit

organization affiliated with U.C. Berkeley,

as a research attorney in CEB's estate

planning and probate section. He continues

to work at CEB on a part-time basis.

Nakatani wanted to work at the ACLU,

he explained, because after he gave up his

private practice he found that he had

drifted away from "doing progressive

Robert Nakatani Z

Laura Trent

work and wanted a job where I could

again get involved in working on civil -

rights and civil liberties issues.

"Since coming. to the ACLU-NC, I

have enjoyed doing a lot of research and

writing about our efforts in the Legal,

Field and Public Information Departments,"

said Nakatani.

In his part-time position at the ACLU,

Nakatani would like to help the various

departments set priorities for funding

requests and streamline the process of

seeking foundation support for various

programs.

Asian `"`Mug Book"' ...

Continued from page 1

tograph, Nguyen was arrested, booked and

charged with first degree armed robbery

and four counts of false imprisonment.

Although he had no arrest or criminal

_ record, bail was set at $500,000.

At the preliminary hearing, the crime

victim testified that she was 80% certain

of her identification. Based on this testi-

mony, Nguyen was bound over for trial in

Superior Court. After being jailed for over

90 days, he was eventually acquitted by a

jury of all charges. In addition to his time

in jail, and the thousands of dollars in

legal fees, Nguyen asserts that his business

suffered as a result of his arrest and incar-

ceration.

In the wake of the initial incident, the

Coalition for Fair Law Enforcement, a

group of San Jose community and civil

rights groups, met with Department offi-

cials demanding that the Asian Photo

Album be scrapped. After several months

of negotiations, Police Chief Lou

Covarrubiaz announced in February that

the Department would stop using this

mugbook and return all the photographs to

the computerized photo file bank.

"Although in the face of community

pressure, the Department is no longer

using the mugshot book, we are still con-

cerned that the existing policies and proce-

dures allow police photography of

innocent persons who have not been con-

victed or arrested for any crime," said

attorney Schlosser. "We are also con-

cemed that the use of those pictures as part

of a photo line-up could lead to another

misidentification by a crime victim.

"Because of his treatment at the hands

of San Jose law enforcement, Nguyen suf-

fered emotional and physical pain and sub-

stantial financial loss," Schlosser said.

The suit, Nguyen v. City of San Jose, is

' charging that Nguyen's constitutionally

guaranteed rights to privacy, due process,

and equal protection of the law were vio-

lated. Defendants in the case include the

City of San Jose, former Police Chief

Joseph McNamara, and several individual

officers. The suit is seeking an unspecified

amount of damages in an amount to be

proved at trial.

aclu news

nov 1991

In Memoriam

Aurora Sallitto

urora Sallitto, the former

A Treasurer of the ACLU-NC Santa

Clara Chapter, and a veteran civil

liberties activist, died on February 4 of

breast cancer.

In 1985, Aurora and her husband Dom

In addition to serving as the Chapter's

`treasurer, Aurora Sallitto helped organize

and host numerous educational events and

meetings. Every month, the Sallittos

mailed out the Chapter newsletter from

their living room - ensuring that hun-

(who died last December) were presented dreds of ACLU members were kept well

with the Lola Hanzel Courageous abreast of civil liberties issues and activi-

Advocacy Award for outstanding volun- ties,

teers at the annual Bill of Rights Day Veteran Chapter activist Mike Chatzky

_ Celebration. said, "Aurora was a positive role model -

"Our chapters are the backbone of she was always able to handle problems

grassroots ACLU activity and the Sallittos beautifully and create a collegial style and

were the backbone of the Santa Clara 4 warm environment in which to work.

See said Field Director Marcia "She is irreplaceable," Chatzky added.

allo.

Forum Warns of Dangers to the Arts

"Voices of the Censored"

killing the NEA, they'll take on public

broadcasting as well," DiMaria warned.

Hulleah J. Tsinhnahjinnie, an instruc-

tor at the San Francisco Art Institute spoke

of U.S. government efforts to control

- Native American art and GLAAD's

Lauren Smedley pointed out the paradox

of arch-conservatives attacking positive

images of gays but not negative images or

depictions of violence against gays. Gay

and lesbian art is the "canary in the coal-

mine," she said, with censorship against it

appearing in the most reactionary eras,

such as during Nazi Germany.

by Kent Miller

ore than 50 activists turned out

on a rainy February night to hear

"Voices of the Censored, a

forum on art, minorities and assaults on

the First Amendment. The event was co-

In collections

ACLU-NC News: 1992

Details

Title: vol. 56, no. 2 (April, 1992)
Creator: American Civil Liberties Union of Northern California
Date: 1992 March-April
Identifier: ACLUN_0581
Genre: newspapers
Physical description: 40.5 x 28 cm
Publisher: San Francisco (Calif.): American Civil Liberties Union of Northern California
Preferred citation: ACLU of Northern California News vol. 56, no. 2, 1992 March-April; PER ACLUN; California Historical Society.
Rights statement: In Copyright
Publication rights: Copyright (or related rights to publicity and privacy) for materials in this collection, created by the American Civil Liberties Union of Northern California, was not transferred to the California Historical Society (CHS). Permission for reproduction or publication of materials in this collection beyond that allowed by fair use must be secured from the copyright holder.
Topical subject(s): Privacy, Right of
Civilian review boards (Police administration)
Nazis
Freedom of religion
Drug policy
Discrimination in housing
Church and state
Capital punishment
Reproductive rights
LGBTQ rights
Police practices
Named subject(s): Boxer, Barbara
Burton, John
Crew, John
Crosby, Margaret
Davis, Bettye, 1938-2018
George Deukmejian
Ehrlich, Dorothy
Estes, Milton
Gallo, Marcia
Harris, Robert
Huerta, Dolores
King, Rodney
King, Martin Luther, Jr.
Paterson, Eva
Schlosser, Alan
Warner, Douglas
Wilson, Pete
United States. Federal Bureau of Investigation
National Organization for Women
Unruh Civil Rights Act
Geographical subject(s): Sacramento (Calif.)
Monterey (Calif.);Marysville (Calif.)
San Quentin (Calif.)
Santa Rosa (Calif.)
Monterey County (Calif.)
Fresno (Calif.)
San Leandro (Calif.)
Oakland (Calif.)
Berkeley (Calif.)
Collection identifier: PER ACLUN