vol. 63, no. 1

Woutume LXIill ;

OFFICER FACES ATTORNEYS FEES

UNDER "ANTI-SLAPP" LAW

stepped forward to defend the First

Amendment rights of Betty Evans - a

woman who was sued for defamation by a

San Francisco police officer after she filed

a misconduct complaint against him with

the Office of Citizen Complaints (OCC),

the officer dismissed his $25,000 defama-

tion lawsuit against her.

"In effect, Ms. Evans stood up to the bully

Je one month after the ACLU-NC

and the bully ran away," said ACLU-NC -

Police Practices Project Director John Crew.

In addition to Crew, Evans was repre-

- sented by ACLU-NC Managing Attorney

Alan Schlosser, Matthew Kumin who was

recruited by Bay Area PoliceWatch and

Mark Goldowitz of the California Anti-

SLAPP Project.

The case stemmed from an incident on

September 8, 1997, when Evans heard a

commotion outside her apartment door in

San Francisco. Through the peephole she

saw McCloskey kicking a handcuffed sus-

pect on the floor. She opened her door and

yelled at the officer, "Don't kick him," and he

stopped. Concerned for the suspect's safety,

she immediately called 911 to report the

incident. The OCC investigated the-inci-

dent, using Evans as a witness, and sus-

`tained :a finding of excessive force against

McCloskey. McCloskey then sued Evans on

`September 1, 1998 for $25,000 damages

based solely on her testimony to the OCC.

On November 12, Evans' attorneys

announced at a press conference that they

New ACLU-NC Board Members, Officers

he following have been elected to

[ne on the ACLU-NC Board of

Directors (incumbents are marked

with an "*"): Jan Garrett, *Warren

George, *Dick Grosboll, Raha Jorjani,

*Susan Kwan, *Susan Mizner, *Carlos

Muiioz, *John Schweizer, *Beverly

Tucker, and Chris Wu. They will serve a

three-year term starting in January 1999.

In addition, three Board members were

appointed to fill interim vacancies. Donna

Brorby is an attorney in private practice,

specializing in criminal justice and a for-

mer Chair of Bay Area Lawyers for

Individual Freedom, the lesbian and gay

bar association; Brorby is lead counsel ina

landmark class action civil rights case

against the Texas prison system, repre-

senting more than 100,000 prisoners.

Former Board member Luz Buitrago

served as Vice-Chair of the Board and

Chair of the ACLU-NC Legislative Policy

Committee and represented the affiliate

on the National ACLU Board; she currently

serves on the ACLU Biennial Committee.

Buitrago is the Director of the Center on

Poverty Law and Economic Opportunity.

Pamela Samuelson is a law professor at

Boalt Hall School of Law who holds a joint

appointment with the School of Manage-

Union Malp

Betty Evans (center) ugh back against a police retaliation suit, with attorney Matthew

Kumin (1.) and ACLU-NC Managing Attorney Alan Schlosser.

had filed a motion under a special state

law enacted in 1992 to protect Californians

from defamation and other Strategic

Lawsuits Against Public Participation

(SLAPP's) by allowing lawsuits to be

quickly dismissed if they are based on citi-

zens' exercise of their free speech rights.

"Ms. Evans' actions exemplify what is

vital for our democracy to work - that

citizens participate in the process of gov-

ernment and speak out when they see

government misconduct. To be the target

of a defamation action for her conduct

was not just a cruel irony, but an affront to

our democratic principles of govern-

ment," said Schlosser.

ment Services; she is a former Board mem-

ber of the ACLU Board in Pittsburgh,

Pennsylvania. A specialist in intellectual

property law, Samuelson is the co-director

of the Berkeley Center for Law and

Technology and is the recipient of a

MacArthur "Genius" Award.

The new ACLU-NC Board Officers are

Dick Grosboll, Chair; Vice-Chairs: Quinn

Delaney, Chair, Development Committee;

Margaret Russell, Chair, Legislative Policy

Committee; Ethan Schulman, Chair, Legal

Committee; Michelle Welsh, Chair, Field

Committee; and David Salniker, Treasurer.

These officers will comprise the Executive

Committee along with Board members

Aundre Herron, Marina Hsieh, Dennis

McNally, Susan Mizner, David

Oppenheimer and Fran Strauss. In addi-

tion, Margaret Russell was elected as the

Chairperson-elect, which means that she

will succeed Dick Grosboll as Chair of the

Board in a year's time.

NATIONAL BOARD MEMBERS

Marina Hsieh, the ACLU-NC represen-

tative to the National ACLU Board, was

recently elected to the National Executive

Committee. Hsieh was the only non-

incumbent to win - an impressive show-

| ing in a competitive election where ten

Without bothering to contest the

motion, Officer Joseph McCloskey dis-

missed his lawsuit on December 17.

Under the anti-SLAPP statute, a party

who has been improperly sued for exercising

their First Amendment rights "shall be enti-.

tled to recover his or her attorneys fees and

costs." Evans' attorneys announced they plan

to file a motion seeking to hold McCloskey to

this financial obligation under the statute.

"As soon as Sgt. McCloskey realized

that Ms. Evans planned to stand up for her

rights and that she had lawyers ready, able

and eager to help her do so, he quickly

abandoned the lawsuit he filed against

her," noted Crew.

| people had vied for five slots. In addition,

at-large Board member Milton Estes was

elected Vice-President of the National

NEWSPAPER OF THE AMERICAN Civil LIBERTIES UNION OF NORTHERN CALIFORNIA

aclu news.

JANUARY-FEBRUARY 1999.

Police Officer Drops Retaliation Suit

Against Citizen Complainant

| complainants throughout California. "It is

|

|

Non-Profit

Organization

US Postage

PAID

Permit No. 4424

San Francisco, CA

"Sst. McCloskey's dismissal is a com-

plete and total vindication of Ms. Evans'

rights and the rights of the public to file

legitimate misconduct complaints against

law enforcement officers," added attorney

Matthew Kumin. "His retreat could hardly

have been more rapid or absolute."

~The ACLU is aware of several similar

lawsuits being filed against misconduct

clear that police unions and their attor-

neys throughout the state are encouraging

officers to file defamation lawsuits against

people who dare to complain about mis-

conduct," said Crew. "Let this case be a fair

warning to all California law enforcement

officers. If you interfere with the First

Amendment right to file official com-

plaints, the ACLU, the California Anti-

SLAPP Project and the private bar will

respond in full force."

"If law enforcement officers bring

retaliatory lawsuits against people who

file legitimate police misconduct com-

plaints, they may be held personally

responsible for attorneys fees and costs.

The California Anti-SLAPP law was

designed for exactly this purpose and we

intend to use it wherever necessary,"

promised Mark Goldowitz, of the

California Anti-SLAPP Project.

"Ms. Evans is a hero," emphasized Van

Jones, Director of Bay Area PoliceWatch. "By

doing the right thing in reporting police mis-

conduct, she was sued by the officer who did

the wrong thing. By fighting this outrageous

act of retaliation, Ms. Evans has shown that

justice can prevail in the end."

ACLU Board. Former ACLU-NC Field

Director Marcia Gallo was elected as an

at-large member of the National Board.

Dellums Honored

at Rights Day

Former ACLU-NC Chair Lee Halterman presents Congressman Ronald V. Dellums

with the Earl Warren Civil Liberties Award. See page 3.

INSIDE: New Winds Blowing hh en rT: betel it Mean for Civil Wyte ted

See pages 4-5.

An Appreciation For

- Ernest Besig

1904-1998 -

War IT. His remarkable career in fighting for civil liberties spanned from

the General Strike in San Francisco, through the McCarthy Era and the

"Howl" trial to the Free Speech Movement and the civil rights and anti-

war movements.

Here Marshall W. Krause, Legal Director for the ACLU-NC from 1960-

: 1968, offers his reflections on Ernest

Besig's life and work.

Ernest Besig, the founder and Executive Director of the American Civil

Liberties Union of Northern California from 1934 to 1971 died on November

13 at age 94.

Besig led the ACLU for almost 40 years and ts best remembered for his

imsistence that the organization defend Fred Korematsu in the historic

challenge to the internment of

Japanese Americans during World

66 Ge teeth" was his favorite

expression when flummoxed

by some gross example of

mankind's inhumanity. Ernie hated it

when the powers that be thought they

could mistreat someone because of his or

her poverty, race, sex or lifestyle prefer-

ences. That powered his indignation,

invariably followed by all the dedication

_ and courage necessary to right the wrong.

He was able to mobilize not only the court ~

system but also the press and public opin-

ion for the righteous causes of freedom,

equality and liberty in our constitutional

system. Now, just this past November at

the age of 94, he has passed on to his next

challenge. He left us with the confidence

to continue to build on the strong founda-

tion he and his dedicated helpers from

the Board of Directors and the staff of the

ACLU of Northern California created

when they organized its establishment in

1934. He stayed on as Executive Director

until his retirement 37 years later in

197A:

Looking for the sources of his success,

I would say that they are found in his own

unassailable character and in his unyield-

ing belief in the power of the people to hold

government accountable for maximum

constitutional freedom and decent treat-

ment. His character was such that there

was not an ounce of hypocrisy nor an inch

of self-aggrandizement when he confront-

ed a civil liberties problem. When Besig

was mad it was not because his ox was

gored but because the wound was to all of

Ernest Besig in 1960, photographed by Imogene Cunningham.

us, rich and poor, mansioned or homeless,

despised or hero. He may have had too

narrow a view, aS when he admitted to us

Dorothy Ehrlich

-Celebrates 20 Years

Flanked by five of the six Board Chairs with whom she has served over the last two

as Executive Director

UNION MAID

decades, Dorothy Ehrlich ((third from left) was honored for her outstanding leadership

of the ACLU of Northern California at a dinner at the Sheraton Palace Hotel on

November 4. Ira Glasser, Executive Director of the National ACLU lauded Ehrlich's con-0x00B0

tribution to the whole organization and Ramona Ripston, Executive Director of the

ACLU of Southern California, spoke of Ehrlich's earliest days with the ACLU as the

Assistant Chapter Director in the Los Angeles office. "She is now the one I turn to help

solve our knottiest problems," Ripston said of her former employee.

Pictured (left to right): Drucilla Ramey, Milton Estes, Ehrlich, Nancy Pemberton, Lee

Halterman, and current ACLU-NC Chair Dick Grosboll (Not pictured: Davis Riemer).

ACLU News = January-Fesruary 1999 = Pace 2

years after his retirement, that he regret-

ted not seeing capital punishment as a civ-

il liberties violation in all cases, or when

he was so stung by the duplicity of those

who were wedded to a rigid party line that

he refused their help on genuine civil lib-

erties issues, but he had no agenda and no

prejudices.

These qualities helped him in the long

and grueling fights against overwhelming

opposition and even against his own col-

leagues. His positions eventually won the

day and the admiration of the whole coun-

try. Ernie visited Fred Korematsu in his

jail cell in early 1942 and told him that,

even with the frightening threat of World |

War II, he was right to disobey the com-

mand of the U.S. Army that he surrender

for internment. He told Fred that the

ACLU of Northern California would defend

him and all American citizens against dis- |

crimination of racial or ethnic origin

despite the threat of the National ACLU to

expel the rebel affiliate. Today, we must be

aware of how unpopular it was to stand up

to the overwhelming fear of "subversives"

in this country which made "logical" a pre-

sumption of disloyalty for declining to

swear that you were not plotting to over-

throw the government from your position

as a school librarian, and which allowed

the press and the public to bay after the

jobs and souls of our fellow Americans who

declined to discuss their political beliefs

before Congressional committees dedicat-

_ed to punishing unpopular political views.

And there were the every day fights of

the 50's and 60's against police harassment

of interracial couples, "beats," "hippies,"

long hairs," gay bars, and anyone who was a

bit different than the way we were sup-

posed to be. Ernie was outstanding in

_ these frays and debated police chiefs, may-

ors and all comers with gusto and success.

He was especially valuable in the Chinese

community where he was revered as one of

the few lawyers who would take on the

Immigration Service's blatant political dis-

crimination against those who took an

independent view of the mainland's

Communist government. Even those who

believed Ernie's views on civil liberties dan-

- gerous for the survival of our country

respected his integrity. In a rare and

famous personal remark in a publishing

opinion, a highly regarded federal judge

said he had great difficulty understanding

how a fine gentleman such as Mr. Besig.

could defend the "filth" of James Joyce's

Ulysses. He was later reversed on appeal

and Mr. Besig allowed himself a slight smile.

After Ernie's retirement he kept busy

teaching `in the Political Science

Department of San Francisco State

University and as a mediator for fee dis-

putes within the San Francisco Bar

Association. A call to him at home

_ received such a cheery greeting that I

would believe that it was the best thing

that happened to him all week. Velma, his

wife and partner for 42 years, died in 1981,

but he is survived by his daughter, Ann, his

son-in-law Stanley and his two grandchil-

dren, Elizabeth and Amy. Ann tells me that

he was cheery to the end. So long, Ernie,

your good work lives on.

en Lee Halterman, former ACLU-

NC Board Chair and former

General Counsel to Representative

Ronald Dellums called Dellums "a person

who is overwhelmingly consumed with a

sense of justice" and invited him to the podi-

um to accept the 1998 Earl Warren Civil

Liberties Award, the audience of 800 rose to

its- feet and honored the former

Congressman with a thunderous ovation it

had been saving up since Dellums retired

from Congress earlier this year.

Dellums was honored at the ACLU-NC

1998 Bill of Rights Day Celebration on

Laura Murphy Director of the ACLU Washington Office, called Dellums a "role model for

Congress."

December 6 at the Sheraton Palace Hotel in

San Francisco. The Congressman's distin-

guished congressional career spanned three

decades representing California's Eighth

Congressional District (Oakland and

Berkeley). Nationally renowned for his

courageous advocacy for the rights of the

poor and disenfranchised, Dellums spoke

out against the death penalty, the criminal-

ization of inner city youth, attacks on lesbian

and gay rights, and the denial of services to

immigrants and welfare recipients.

Sonoma County Chapter activist Steve

Fabian was honored with the Lola Hanzel

Courageous Advocacy Award for his out-

standing work as an ACLU volunteer. Also

featured at the event were the student

Sonoma activist Steve Fabian was honored with the Lola

Hanzel Courageous Advocacy Award.

awardees of the High School Student

Freedom of Expression Art Show, a video

excerpt of the Howard A. Friedman Project's

summer journey "Tribal Sovereignty:

Unplugged'. introduced by participants

Suemyrah Shah and Sierra Martinez, and

Bill of Rights Day Celebration

Honors Dellums

the Berkeley High School Jazz Combo.

In her "State of the Union" address,

ACLU-NC Executive Director Dorothy |

Ehrlich paid special tribute to Ernie Besig, |

the founder and former director of the

ACLU-NC who died in November (See trib- |

ute p. 2). "Ernie truly played a larger than

life role in shaping the ACLU...and he had an

immense influence on the political and

legal history of the state," Ehrlich said.

Ehrlich, who noted "we've been rehears- |

ing for 16 years," spoke of the ACLU's shop-

ping list of legislative proposals that "with

the possibility of a Governor's signature, |

could actually become law." Citing efforts to

enact a bill to monitor racially-motivated

traffic stops and another to ensure that the

government keep track of statistics on race

and gender distribution in state contracts,

Ehrlich spoke of the establishment of our

new Racial Justice Project "which enables

us to bring additional staff and resources to

this fundamental fight for fairness."

Ehrlich also warned of many dangers

that lie ahead: initiatives on the 2000 ballot

may include a ban on same-sex marriage,

school vouchers, an anti-choice measure

denying young women access to abortion,

and a draconian juvenile justice bill.

Defeating these ballot measures will |

require an enormous effort, Ehrlich said, -

but "since many of us |

have had a lot of practice,

we should be able to find _

our way."

the last ten years.

Fabian, a

defender, said, "When |

first spoke out for the

ACLU on some unpopu-

lar issue, I was so hurt

when the local newspa-

tee, the Board and the conferences.

"T especially want to thank the Sonoma |

County Chapter Board whose work helped |

ACLU Managing At- |

torney Alan Schlosser pre-

sented the Lola Hanzel -

Advocacy Award to Steve -

Fabian, who has been a |

leader of the Sonoma |

County ACLU Chapter for |

public |

per ran a letter to the |

editor blasting me. But |

the last 11 years have been -

quite an education. I have learned so |

much from the challenging, thought-pro- School for her drawing "Freedom of Religion;" Vinnie Cheung, Phillip and Sala Burton

voking discussions on the legal commit- |

ACLU News = Januany-Fesruvary 1999 = Pace 3

to make this award possible,"

Fabian said, "it shows that a

small group of people can

really have an impact on a

community, it gave the ACLU

a voice in Sonoma County.

Introducing Dellums,

Laura Murphy, Director of

the ACLU Washington Office,

said that he was a "role mod-

el for Congress."

"When he first came to

Congress almost thirty years

ago, Ron Dellums was on a

mission to bring justice to

people in_ poor neighbor-

hoods, to stop an uncon-

scionable war in Vietnam, to

end discrimination and to

bring the Bill of Rights to life.

He was ahead of his time.

"The media called him an angry, dashi-

ki-wearing, self-styled radical and he said,

Honoree Ronale V Dellime :

_ "As long as I'm alive and breathing I'm

| gonna be there."

Dellums also spoke about his current

`Thanks for the compliment," Murphy __ efforts to direct resources to stop the mas-

added. | sive AIDS epidemic on the African conti-

The former Congressman spoke of how nent. "We know that 21 million are going to

Congress - and the country - has die over the next ten years. That is morally

and ethically unacceptable.

| "Twenty-one million Africans will die in

_ the next ten years. There are already 2.8

| million orphans on the continent of Africa.

_ In Sierra Leone, life expectancy is 35 and

falling; in Zimbabwe, 40 and falling; in

South Africa, 40 and falling. A whole gener-

ation is dying.

"We now must assert ourselves aggres-

sively into the death and dying process. |

_ want to see an AIDS Marshall Plan for

| Africa," Dellums announced.

At a reception following the program,

"I understood what it meant to be a _ celebrants enjoyed the music of the

member of an oppressed group. Oppression _ Berkeley High School Jazz Combo and

takes many forms: discrimination based on | looked at more than 150 creative works

sexual orientation... classism, chauvinism, | from high school students in a juried exhib-

ageism, Sexism..." it organized by the San Francisco Chapter

"And I'm also a human being and | had of the ACLU-NC.

to challenge any conditions that threatened The Bill of Rights Day Celebration was

the human condition. organized by Field Representative Lisa

"T had an obligation and a responsibility Maldonado with assistance from Eddie Jen.

to step forward and speak out about any- The Celebration was generously underwrit-

thing that threatened human beings ten with gifts from the law firm of Howard,

whether that be nuclear weapons, the deli- Rice, Nemerovksi, Canady, Falk and Rabin

cate ecological system, or threats to labor. and the law firm of Heller, Ehrman, White and

"I represent movement, I represent McAuliffe.

ideas, I represent philosophical concerns, |

represent principle. | can't lay down the

mantle of political struggle," Dellums said,

changed since he first went to Washington.

"This past election showed that America is

now clearly a multiracial, multiethnic, mul-

ticultural society of enormous political

muscle. "I was born a black man in a soci-

ety that had not come to terms with its own

racism, Dellums said. "I understood what

it meant to be an ethnic minority - and

that put me in the position to challenge all

the factors that threatened ethnic minori-

ties and to work on all the things that

enhance the quality of life for ethnic

minorities.

BILL oF RicHTS Day CELEBRATION PHOTOS

BY RICK ROCAMORA

The Awards of Excellence recipients were honored for their work in the High School

Student Freedom of Expression Art Exhibit organized by the San Francisco ACLU

Chapter (pictured left to right): Alexander Fong, George Washington High School, for his

drawing "The Right to Choose;" Annie Vong, George Washington High School, for her

painting "Freedom of Speech (Secondary Language);" Marina Sirota, Lincoln High

Academic High School for her poem "The OLD Lady;" Eric Blackmon, International

Studies Academy for his drawings "Tale of a Scarred Mind," and Lance Bon who accept-

ed the award for "Scarface B3," sponsored by "The Beat Within," a writing Program for

Incarcerated Youth, for his essay "My Story."

Happy Days are Here Again and/or

Moderation in Everything

BY VALERIE SMALL NAVARRO

ACLU LEGISLATIVE ADVOCATE -

he implausible - no, the impossible

re happened. Running on the mes-

sages of education, gun control, and

a woman's right to choose, Governor-elect

Gray Davis and Senator Barbara Boxer won

their races. Furthermore, Democrats

gained five seats in the Assembly (48

`Democrats, 32 Republicans) and two seats

in the Senate (25 Democrats, 15

Republicans). Now the question is: will

these traditional Democratic messages

continue to attract moderates and inde-

pendent voters or will the Democratic mes-

sages become increasingly conservative?

In order to gauge the new Administra-

tion's focus and direction, proponents of

civil liberties should be watching the

appointments for key administration posts

and monitoring the enforcement of the civ-

il rights laws that are already in place.

LOOKING BACK:

THE. YEAR IN REVIEW

Over the last year, the ACLU

Legislative Office took positions on nearly

200 measures, most of them defensive, in

response to attacks on our civil liberties.

ACCESS TO INFORMATION

In the First Amendment arena, we saw

an assortment of bills attempting to limit

children's access to the Internet. For

example, AB 2340 would have required

public libraries to install filtering software

on computers, thereby denying adults as

well as minors access to constitutionally

protected speech. We were able to ensure

that the bill did not pass. We also worked

to narrow the scope of Internet "spam"

(unsolicited E-mail advertisements) bills

to provide a. remedy where an advertiser

uses an Internet Service Provider in viola-

tion of its policy to advertise and to require

that individuals be provided with means to

remove themselves from advertisers lists.

Finally, we joined with media advo-

cates to oppose the paparazzi-inspired bill

(SB 262, Senator John Burton-D, San

Francisco) which creates new liability for

reporters who trespass, either physically or

constructively (with a lens or listening

device), with the intent to invade some-

one's privacy in order to capture an image.

This bill was enacted into law.

CRIMINAL JUSTICE

Once again, the ACLU had to direct

our resources to fight the expansion of

California's crime laws: numerous legisla-

tive proposals aimed at depriving more

and more people of their liberty for longer

and longer periods of time rather than

taking measures to prevent crime in the

first place.

Governor Wilson and the California

District Attorney's Association maintained

their focus of "locking up and throwing

away the key," but shifted their targets

from adults to juveniles. Though unsuc-

cessful in their attempts to push the

sweeping "Gang Violence and Juvenile

Crime Prevention Act" (SB 1455 and AB

1735) bills through the Legislature, they

gathered the signatures necessary to put

the measure on the March 2000 ballot.

There is not a bit of prevention in this

"Prevention Act." The proposal significant-

ly restricts judicial discretion in juvenile

cases by mandating that youths charged

with certain crimes be tried as adults,

expands the use of wire taps in gang inves- |

La mt

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as

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Paul Anderson

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ean

Sacramento Review and Preview

tigations and requires registration of peo-

ple convicted of gang-related felonies.

DEATH PENALTY

Additionally, only one of the five mea-

sures to expand the death penalty made it

out of the Legislature to the 2000 ballot:

(SB 1878, Senator Quentin Kopp-I, San

Francisco). This proposal would permit

the death penalty where the defendant

kidnaps or commits arson with the intent

to kill the victim and murders the victim.

REPRODUCTIVE RIGHTS

A tenacious coalition of reproductive

health rights organizations was able to

defeat late-term abortion measures (AB

2389 and SB 1822) and parental consent

for abortion (SCA 17 and ACA 38).

However, there is a strong likelihood that

parental consent for abortions will be on

~ the 2000 ballot.

EXPANDING RIGHTS

In addition to fighting bad measures,

the ACLU pushed a modest agenda of affir-

mative legislation that we will once again

pursue in the upcoming year.

Working with groups spanning the

political spectrum from the Capitol

Resource Institute, to the California State

Parent Teachers Association, and the

Junior State of America, the ACLU (with

ACLU-NC attorney Ann Brick leading the

charge) championed a measure that would

have protected students and involved their

parents in the disciplining of their kids at

school (AB 2501, Kerry Mazzoni-D,

_Novato). Swayed by law enforcement's

widespread opposition, the Governor

vetoed this bill that would have required

principals to obtain parental consent for

police interrogation of elementary stu-

dents and to inform secondary school stu-

dents that they have the option of asking

for either a parent or a member of the

school's staff to be present during | the

interrogation.

THE COMING YEAR:

ACLU's LEGISLATIVE AGENDA

The ACLU Legislative Office and the

Field Representatives count on ACLU

members to speak out on issues you care (c)

about and to contact legislators and state

| officials. `The 25,000 ACLU-NC members

are high-propensity voters - when our

voices are heard clearly, we can really

make an impact in the state Capitol.

Despite the changes in Sacramento, we

know that the ACLU will still face our tra-

ditional task of fighting back legislation

from both sides of the political aisle rang-

ing from expansions of the death penalty to

installing Internet filtering devices to

restrictions on doctors and women making

decisions about reproductive health.

However, for the first time in sixteen

years there is an opportunity to enact civil

rights and civil liberties legislation - albeit

of a predictably "moderate" scale. We have

already been making plans, working in

coalition with a variety of public interest

organizations, including the Coalition for

Civil Rights, in our pursuit of a positive civ-

il liberties/rights agenda.

The ACLU also expects to sponsor a

few "moderate" proposals with far-reach-

ing implications.

Crvit RIGHTS

Once again, the ACLU will fight for leg-

islation to strengthen the Fair

Employment and Housing Act (FEHA).

Similar legislation (AB 310, Assembly-

woman Shiela Kuehl-D, Santa Monica)

ACLU News = January-Fesruary 1999 = Pace 4

This

was vetoed by Governor Wilson.

omnibus legislation will strengthen the

protections afforded to people suffering

from discrimination or harassment in the

workplace or housing market.

Among the bill's provisions are sections

that will guarantee that the Department of

Fair Employment and Housing has the

authority to assess discrimination by using

"testers" in the job and housing markets or

other means of undertaking independent

investigations, extend protections against

harassment to contract workers, prohibit

genetic testing, and require that employers

provide reasonable accommodation for

pregnant women.

RACE DISCRIMINATION

The ACLU will again be working on the

"Driving While Black or Brown (DWB)"

legislation requiring law enforcement

agencies to maintain data on traffic stops

including race, gender, and whether a cita-

tion, search, or arrest was made. The

ACLU toll-free hotline for individuals

wanting to report a discriminatory police

traffic stop is 1-877-DWB-STOP (1-877-

392-7867). [See article page 8. ]

Working with the Society of

Professional Journalists, the ACLU also

expects to reintroduce the media.access to

prison bill vetoed two years ago by

Governor Wilson. The legislation will once

again establish the right of California's

media to conduct interviews with specific

prisoners and to allow the media and

inmates to correspond confidentially.

Y2K's OTHER BuGs:

BALLOT INITIATIVES

The March 2000 ballot, the presiden-

tial primary, will be infested with anti-civil

liberties measures: another proposal to

expand the circumstances where the

death penalty may be imposed, a "Lame-

Duck-Governor-Wilson-Wants-to-be-Pres-

ident-Juvenile-Justice" measure, and the

"anti-gay marriage" initiative.

In addition, the people behind the

"parental consent for abortion" and the

"school voucher" initiatives may be aiming

for either the March or the November elec-

tions of 2000.

As always, the struggle for liberty and

justice never ends. Now is the time to pre-

pare for these dangerous initiatives and to

fight for civil liberties legislation in that

state. Now is the time to write, phone, FAX,

vote - and speak out for civil liberties.

1,000 Students Explore Rights at

ACLU Conference

BY EDDIE JEN

ore than 1,000 students from 37

northern California high schools

attended the 1998 ACLU Student

Rights Conference at U.C. Berkeley on

October 27. The conference, sponsored by

the Howard A. Friedman First Amendment

Education Project of the ACLU-NC, was

planned and staffed by 30 high school stu-

dents who comprise the ACLU Student

Advisory Committee.

"The purpose of our conference is to

bring a diverse group of students together

to learn and to share our views with each

other," said Lani Riccobuono, one of the

student planners and a panel facilitator.

In the past, the fall conference focused

on high school journalism issues; this year,

the students decided to expand the scope of

the event, providing 18 workshops dealing

with key student rights issues. The topics

ranged from "Getting Rid of Your Indian

Mascot" and "Alternatives to Suspensions

and Expulsions," to "Gay Rights on Campus"

and "Keeping Bilingual Education."

"The earlier format was kind of limit-

ing," explained Riccobuono. "This year we

provided topics geared towards a wider

variety of students."

At the

opening plenary, "Real Stories of

Students Fighting for Their Rights," four

students spoke about their activism

against the injustices of their education.

Chris Ramirez from Albany High said,

"My school looks like a minimum security

prison with the fenced off portable class-

rooms." Ramirez was suspended from

school for organizing an on-campus protest

demanding funding for arts and recre-

ational sports.

STUDENT RIGHTS CONFERENCE PHOTOS

BY RICK ROCAMORA

ACLU-NC Board of Directors member Carlos Munoz leads a discussion on bilingual education with Student Advisory Committee

Jacilitators (1. to r.) Sanam Jorjani, Behnoush Babzani, both of AlbanyHigh School, and Leah Fritz of Castro Valley High School

Alex

Green, a junior at

Northgate High School in Walnut Creek,

said that the school administration cen-

sored his newspaper article questioning a

teacher's assignment crediting Hitler for

the rise of Zionism. Green's repeated

protests to school officials asking the

teacher to change the assignment has

yielded few visible results: to date, the

yearly-assigned essay question has only

been slightly altered.

Nevertheless, the experience taught

Green a valuable lesson that he shared

with his peers: "When the Administration

tells you theyre going to do something, you

have to follow through. Otherwise, they

just give you a cracker

: and

think you'll go away," he said.

At the workshop, "We Know What You

Did - Get In My Office," student facilita-

tors asked members of the audience to role

play scenarios that involve interrogation

by school officials. The students' concerns

and confusion over their rights and the

authority of school officials to interrogate

them and search their belongings were

answered by Dale Brodsky, a former

teacher who is now an attorney specializ-

ing in education law.

Brodsky explained the difference

between the "reasonable suspicion"

required by school officials to interrogate

and search the students as opposed to the

"probable cause" standard required by

police, which is more stringent.

For students who suggested that they

seek their parents for advice and support

when facing interrogation by school offi- .

cials, Brodsky offered this piece of sober-

ing news: "They [school officials] don't

have to let you call your parents." [The

ACLU sponsored a bill in the Legislature

this year that would have mandated

police to notify parents. The bill passed the

Legislature but was vetoed by Governor

Wilson. For more information, see

Legislative Report, p. 4. |

"We really touched a nerve with this con-

ference," said Nancy Otto, Director of the

Howard Friedman Project. "Throughout the

year we get so many requests from teachers

and students about their rights in school.

The overwhelming response to participate

[in this event] exposes the dire need for this

information."

decade ago Howard A. Friedman, a

er Chair of the ACLU-NC Board

of Directors, died at the age of 69. To

honor his memory, with the generous

financial support of Phyllis Friedman

and the Friedman family, the ACLU-NC

established the Howard A. Friedman

First Amendment Education Project in

1991. The Project embodies Howard

Friedman's deep commitment to the

education of young people and his dedi-

cation to the values of equality, justice

and freedom of speech, press, and reli-

gion, by encouraging young people to

struggle with the complex civil rights

and Constitutional issues of the day.

The Howard A. Friedman Project

provides educational materials on the

Bill of Rights and Constitutional history

to teachers, organizes speakers for high

school civics and history classes, devel-

ops leadership skills by involving young

people in the planning and production of

presents dynamic and topical confer-

ences for high school students and young

activists, and sponsors an in-depth field

dedicated civil libertarian and for-:

student conferences on civil liberties, -

Innovative Project

is the Legacy of

Howard A. Friedman

investigation of a complex social topic

each year. It has served as a model for

other ACLU affiliates around the country

by making the rights and guarantees in

the Bill of Rights come alive for thou-

sands of young people.

Howard Friedman was elected to the

ACLU-NC Board in 1956 and served as its

chair for several years in the 1960's.

Friedman was born in New York City and

attended school in Yonkers, New York.

He received his B-A.0x00B0 degree in

Architecture from U.C. Berkeley, and

served as chair of the Architecture

Department there. His professional

career was characterized by an excep-

tional range of distinguished architec-

ture practice, innovative social theory,

teaching and public service. As an edu-

cator, he was a humanist deeply commit-

ted to reaching young people in ways

that stimulated their own creativity,

problem solving and research.

The ACLU is grateful to Howard

- Friedman, a visionary and inspirational

advocate for freedom, and to his family

for the innovative Project they created as

his legacy.

ACLU News = January-Fesruary 1999 = Pace 5

-Contra Costa County to Pay $1.2 Million

Over "Drug Test" for GA Recipients _

ontra.Costa County has agreed to

e pay $1.2 million to settle the damage

claims of General Assistance (GA)

welfare applicants who were required to

take SASSI, a written "drug test," as a con-

dition of receiving aid.

The settlement in the suit, Hunsaker et

al. v. Contra Costa County, was announc-

ed on October 30 and must still be

approved by United States District Court

Judge Maxine Chesney.

The plaintiffs are represented by the

ACLU of Northern California, the Disability

Rights Education and Defense Fund

(DREDF), the Center on Poverty and

Economic Opportunity (CPEO), and the law

firm of Wilson, Sosnini, Goodrich and Rosati.

The case challenged the validity of a

test which the County began using about

six years ago, which was officially called

the "Substance Abuse Subtle Screening

Inventory,' or SASSI. It asked 62

True/False questions such as "I believe

everything is turning out just the way the

Bible said it would.", "Most people would

lie to get what they want.", Sometimes |

have a hard time sitting still.', "Some

crooks are so clever that I hope they get

away with what theyve done.', and

"Pornography and obscenity have become

serious problems and must be curbed.".

| poorest among us,"

_ Seligman, counsel for DREDF. "Especially

| after the recent welfare `reforms,' victories

| for aid recipients, especially those requir-

_ ing a County to make retroactive pay-. |

' ments, send an important message to |

| governments everywhere - general assis- |

tance and welfare recipients have the right |

Based on the results of the test, thou-

sands of GA applicants were referred to an

onerous six-month drug treatment pro-

gram. Many subsequently were dropped

from the rolls when they failed to complete

the program.

The plaintiffs lawyers argued that the

test was unconstitutional, and a violation

of the Americans with Disabilities Act

(ADA). Several other counties in

California, notably Alameda and San

Diego, have used, or have considered

using, the SASSI test as well.

Up to five thousand GA applicants are

_ eligible for relief under the settlement.

_ Under the agreement, GA applicants who

_ took the test and who were found to be

_ chemically dependent will be eligible to

_ receive payments of up to $300 per test.

_ Any left over funds will be donated to char-

| itable groups that serve the poor in Contra

_ Costa County. :

"This case is a rare vindication for the

explained Brad

SCHOOSHSSHSHHOHSHSHHOHSHHHSHSHHSHSHHHHHHSHHSHEHHSHOHSHSHHHHHSHHHHHHSOHOHEHHOHE(R)O

ACLU Defends

Library against

Internet Censorship

brief in Alameda County Superior

Court on December 28 defending for a

second time the Livermore Public Library's

policy of providing uncensored access to the

Internet. In filing the brief, the ACLU advo-

cates the same position that has long been

espoused by the American Library

Association, the majority of libraries across

the country and that was most recently reaf-

firmed by a federal court in Virginia.

The brief was filed in support of the City

of Livermore's motion to dismiss a lawsuit

filed by a Concord woman, Kathleen R.,

which seeks to compel the library to limit

the public's access to materials available on

the Internet. Kathleen R., a Concord resi-

dent, filed suit against the library after she

found out that her son had downloaded sex-

ually explicit pictures from the Internet at

the Livermore library.

"The plaintiff's theory that the

Constitution requires a public library to

assume the role of censor turns well-estab-

lished principles of constitutional law on

their head," said ACLU-NC staff attorney

Ann Brick, who filed the brief on behalf of

the ACLU-NC, the national ACLU and

People for the American Way.

"The role of the library is to provide

uncensored access to the widest possible

variety of views on any given subject. Any

attempt to limit the availability of controver-

ik ACLU-NC filed a friend of the court

sial material is forbidden by the First

Amendment," she explained.

Last October, the Alameda County

Superior Court dismissed the lawsuit's origi-

nal complaint (Kathleen R. v. City of

Livermore) in which Kathleen R. argued

that the library's open access policy consti-

tuted a public nuisance. In her amended

complaint, Kathleen R. now claims she has a

constitutional right to force the library to

abandon its open access policy.

The ACLU brief points out that the

Livermore Public Library's policy on

Internet use specifically informs its patrons

that material available over the Internet

may be controversial, that the library is not

responsible for the content of material avail-

able on the Internet, and that parents are

responsible for supervising the Internet use

of their children. "This is a policy that is sen-

sitive both to First Amendment concerns

and the concerns of parents," Brick noted.

"It enables each family to be sure that its

children use the Internet in a manner that is

consistent with its own values without

imposing those values on other families."

In a recent related case in which the _

ACLU represented internet content

providers, Mainstream Loudoun-v. Board |

of Trustees of the Loudoun County Library, |

a federal court in Virginia held that a |

library's policy of censoring materials on |

library Internet computers violated the |

First Amendment. The federal judge, in |

striking down the library's policy requiring -

blocking software on all its Internet com- |

puters, noted that the software, which |

claimed to block only obscene material,

also blocked sites such as those of the San |

Francisco Chronicle and Examiner and |

the web site of the Maryland affiliate of the _

American Association of University Women.

Examiner columnist Rob Morse was a

plaintiff in that case.

"In its Internet policy, the Livermore |

library recognizes, as the Loudoun County

library did not, that censoring the Internet

creates constitutional problems rather than

solving them," said Chris Hansen, a staff

attorney at the National ACLU. "The

Livermore Public Library is neither responsi-

ble for the content available on the Internet

nor for Kathleen R.'s son's actions in going to

the library and using the Internet without his

mother's supervision, he added. Hl

to be treated fairly and with dignity."

"We hope that this lawsuit and settle-

ment send a clear message to other coun-

ties and county agencies that are

considering using similar tests," said

- ACLU-NC staff attorney Ed Chen.

After the suit was filed in 1995, the

County modified its use of the test, requir-

ing persons scoring as "chemically depen-

dent" to be further evaluated in a

psychological interview for referral to the

treatment program. Contra Costa County

stopped administering the test in the sum-

mer of 1997.

The plaintiffs argued that the test was

totally unreliable and extremely inaccurate.

Last year, the County and the plaintiffs

agreed to jointly study the test's accuracy.

| plaintiffs were

The study revealed that the test incorrectly

| classified nearly half (44%) of the appli-

cants scored as "Chemically Dependent." In

other words, of the persons found by the test

to be chemically dependent, half were not:

The study also found that the test missed

half of the truly chemically dependent. It

also incorrectly identified many recovered

and rehabilitated drug and alcohol users as

currently dependent.

Final hearings on the settlement are

expected early in 1999. If the settlement is

approved, claim forms will be sent out to.

test takers next Spring.

In addition to Seligman and Chen, the

represented by Luz

Buitrago of the CPEO and David J. Berger,

a litigation partner at WSRG.

Teen Fights -

Burlingame Curfew

and Wins

BY ILAN ELSON-SCHWAB

Shawna Warneke and ACLU Managing

Attorney Alan Schlosser, the City of

Burlingame has agreed to dismiss a curfew

citation issued to Warneke and to amend

its teenage curfew ordinance.

Warneke, an honors student at

Carlmont High School, was in front of her

car with two of her friends at 10:15 PM on

September 11 when the police

approached. She explained that she was

about to go home, but was cited on the spot

for breaking the curfew.

The Burlingame curfew, instituted in

the 1940s, applies to minors who "loiter,

wander, stroll or play" between 10 PM and

sunrise.

"The ordinance is a serious infringe-

ment of Burlingame youth's constitutional

rights as well as being very outdated," said

Schlosser.

In a letter to the City of Burlingame,

Schlosser directed attention to a similar

|: response to efforts of 17-year old

curfew in San Diego that had been ruled

unconstitutional by the Ninth Circuit

Court of Appeals. In Nunez v. San Diego,

the court found the curfew unconstitution-

ally vague, potentially prohibiting youth's

, attendance at such normal activities as

_ evening sports and movies. The court also

| said that the curfew violated constitution-

al rights to free assembly and expression

and interfered with parents' autonomy to

supervise their children.

"Many teens don't know what their

rights are and therefore are much more

susceptible to having them violated," said

Nancy Otto, Director of the ACLU-NC's

Howard A. Friedman First Amendment

Education Project.

"When teens like Shawna Warneke

challenge violations successfully, it

demonstrates to other teens how impor-

tant it is to know their rights - and fight

for them." @

llan Elson-Schwab is an ACLU News

intern.

~ Court Upholds

Students' Right to

Sue School District

for Harassment |

.S. District Court Judge James Ware

| on November 2 upheld the right of

students from Live Oak High School

in Santa Clara County to sue the Morgan

Hill Unified School District for harass-

ment. The students, represented by the

ACLU-NC, the National ACLU Lesbian and

Gay Rights Project, the National Center for

Lesbian Rights, and cooperating attorneys

Diane Ritchie of San Jose and Leslie Levy

of Oakland, charge that school officials

refused to take any action to protect them

from ongoing harassment on the basis of

gender and perceived sexual orientation.

According to the suit, Flores v.

Morgan Hill Unified School District, ofti-

cials violated the school's own sexual

harassment and hate violence policies, as

ACLU News = JAnuary-FEBRUARY 1999 = Pace 6

well as federal and state laws mandating

school safety and equal protection for all

public school students.

The six plaintiffs describe repeated

incidents of severe verbal, physical, and

| sexual abuse against students at Live Oak

High School who are perceived to be les-

| bian or gay. The harassment ranges from

| students yelling "faggot," "dyke," "homo,"

"queer," "fucking faggot," and "fucking

dyke" in hallways and classrooms to

threats and incidents of physical violence.

The complaint alleges that school officials

fostered an atmosphere of bullying and

abuse by refusing to investigate incidents

of harassment or to discipline students

who engaged in harassing behavior against

Continued on page 8

ACLU-NC Gifts Help

to Fight for Religious

Freedom in the South

66 efore Justice Frankfurter wrote

about how wonderful it was that

the 50 states could serve as little

laboratories of democracy, he should have

- visited Alabama." With that opener,

Pamela Sumner, a volunteer attorney with

the ACLU of Alabama, launched a mesmer-

izing and sometimes shocking description

of what it is like to fight for civil liberties in

a State that "evokes more the image of Bull

Connor than the vibrant `new South'."

Pamela Sumner, cooperating atto ey with the

ACLU of Alabama

Sumner spoke at the October ACLU-NC

Board meeting of how the financial sup-

port from large affiliates - like the ACLU

of Northern California - to small ones -

like Alabama - translates into the ability

to fight cases like a challenge to classroom

Christian prayer and anti-Semitic bigotry

aimed at the only four Jewish children in

Pike County public schools.

"AS a nationwide organization, the

ACLU recognizes the serious civil liberties

threats that exist in the South, in states

that also have small numbers of donors and

members," explained ACLU-NC

Development Director Cheri Bryant. "So a

portion of the funds raised in other parts of

the country, like Northern California, is

passed on to these states.

"Our donors and members should be

pleased to know that their gifts help sup-

port the activities of ACLU state affiliates

that are so small, or exist in such a hostile

climate, that they need extra help from all

of us to keep going," Bryant added. "It was

inspirational to hear Pamela

describe her work in Alabama to

protect religious freedom, and

know that we are directly

involved in making that work pos-

sible."

Sumner told ACLU-NC

activists, "Our Governor believes

that the Bill of Rights does not

apply to the states. The Christian

Coalition's phone number rings

through to the Governor's Office.

And one courageous federal

judge has faced calls for

impeachment because he struck

down Alabama's fourth school

prayer statute."

Though her speech was pep-

pered with wry humor and

sidesplitting stories, Sumner,

who was born in "the year Bull

`2 Connor unleashed the dogs of

2 where he did it," was deadly seri-

~ ous about the vital need for the

ACLU in such a hostile climate.

"One of the saddest things I have

ever heard is that swastikas were drawn -

on a child's crayon box," she said, speak-

ing of the Jewish children in Pike County

who were told that they could not wear

the Star of David "because it is a gang

symbol."

"T have poked fun at my home state and

we deserve our bad press," Sumner said. "

But what happens in Alabama matters in

California. Our little laboratory is the first

in the right wing's assault on our constitu-

tional system of checks and balances on

majoritarian passions."

Law Firm Supports Police

Project with Major Gift

he Walnut Creek law firm of Casper,

[Neato and Schwartz has made an

extraordinary donation of $10,000 to

support the work of the ACLU-NC Police

Practices Project. According to partner

Andrew C. Schwartz, "We wanted to make

this donation because we have worked

with Project Director John Crew and we've

learned how difficult and how important

the Project's work is."

Schwartz, who has litigated sex dis-

crimination cases against the Walnut

Creek and Concord police departments,

noted that the Project "doesn't always take

popular positions. Project Director Crew is

often very much out there alone and his

efforts need the support of others,"

Schwartz added.

The firm represents plaintiffs through-

out the Bay Area in a variety of litigation

including toxic torts, personal injury and

civil rights cases.

"With the kind of work we do, we

understand how difficult it is to fight City

Hall!" said Schwartz.

Andrew Schwartz, of Casper, Meadows and

Schwartz

Over the past year, the Police Practices

Project has focused on police accountability

in Oakland, racial profiling and police use of

pepper spray, among other issues.

(= his war on civil rights in the city |

, 1 by other means (please specify):

I

jC gifts through my Will.

ACLU News = January-Fesruary 1999 = Pace 7

(and you uncivi] ones as well),

I don't know about yall, but

Spring chicken of 53 myself, and h

future generations.

- a as ae de Gaulle, that fun d

eday." And the way things are goin it Wi Gee

fee oe a it will probably be before we overcome,

ACLU Foundation's DeSilver Society,

Suy, once observed, "Rest as

g lately,

tarians, as a group, are n iski

; : ot the friskiest er

aaa ee ane owd around-comes from forever being

whole, we tend to be a sober lot, and

think there might be more #joie de

manned, always out-gunned.

Ing conquer a disease would be a boo

As for me, I'm going to leave my

down the line is irreverent about

some kid who was born a nigger, ak

plain maverick lifts up her head a

nto mankind.

ike, a wop,

nd dares an

Y

ours for beaucoup de bucks for the toughest freedom-fighters around

Wee

Molly Ivins

| We invite you to join Molly Ivins and thousands of other ACLU supporters by becoming a 5

| member of The DeStlver Society: Simply complete this form and mail it to Stan Yogi at J

| the ACLU Foundation of Northern California, 1663 Mission Street, Suite 460, San | (c)

I Francisco, CA 94108.

I

'y Pil join Molly Ivins as a freedom-fighter and as

I es, a member of The DeSilver Society!

I

| I have already provided for the ACLU or the ACLU Foundation (bequests made to the

| ACLU Foundation qualify for the estate tax charitable deduction), in my Will.

I

I I would like to help the ACLU Foundation with long-term planning by offering this

I estimate of my gift: $

0) Please do not list me as a DeSilver Society member in any publications

| I am considering joining Molly and becoming a member of The DeSilver Society. Please

j send me information about:

SS

I

| CO gifts that pay me income for life. (Please provide your birth date:

I

| gifts of insurance and pension plans.

I

| 0 gifts of real estate

I

I Name

Address:

1 City/State/Zip Code

jPhoneNumber( _)

eee ae a ee ee ee

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NAACP Honors

ACLU Activist Criley

Dick Criley, pictured here with fellow Monterey County Chapter leaders Michelle

Dick GROSBOLL

Welsh (1.) and Kathy Stoner, was honored on October 3 by the Monterey Peninsula

Chapter of the NAACP at its annual banquet. Criley was given the Stephen E. Ross

Award, an honor named for the former Seaside mayor and NAACP Board leader, for his

six decades of activism for civil rights and liberties.

Octogenarian Criley, the former Vice-Chair of the ACLU-NC and the recipient of its

1985 Earl Warren Civil Liberties Award, is a founder of the National Committee to

Abolish the House Un-American Activities Committee. He is a well-known advocate for

reproductive rights and a leader in efforts to fight race discrimination. "Racism," said

Criley, "is the seismic fault in American democracy."

quency of race-based stops. @

Have You Been Stopped by Police

Because of Your Race?

Call 1-877-DWB-STOP*

Share your experience - and help put an end to race-based

stops. Call the ACLU toll free in California. 7

- 1-877-392-7867

More than 600 people have called the ACLU DWB Hotline since tt was initiated

just two months ago - and more than 100 callers have already completed ques-

tionnaires detailing their experiences with racially motivated police stops. The

respondents have called from cities, suburbs and rural areas throughout the entire

state. "This overwhelming response in such a short time shows that this problem is

quite severe," said Michelle Alexander, Director of the Racial Justice Project.

Alexander said that the ACLU will use these stories in support of a new bill, SB

78, introduced by State Senator Kevin Murray, to aimed at documenting the fre-

Visit the ACLU of Northern California Website

Www.aclunc.or

g

for the latest news from your affiliate!

STAM MNESSom Cs eSATA TRAC SMC TUL HoT TRUE ACU

northern California's cutting-edge civil liberties issues!

Students' Right to Sue...

Continued from page 6

students who were perceived to be lesbian

or gay.

In one incident, a 7th grade student at

Murphy Middle School was hospitalized for

injuries to his ribs after a group of male

students shouted "faggot" and other homo-

phobic epithets while repeatedly hitting

and kicking him at a school bus stop.

Although the student's mother called the

police as_well as administrators at the

school, no disciplinary action against the

perpetrators was ever taken.

In a subsequent incident at Live Oak

High School, the student was forced to

drop out of a drafting course after the

teacher refused to intervene when anoth-

er student repeatedly referred to him as

"homo" in class and eventually threatened

him with physical violence, stating that "I

want to beat you up after class but I need

a baseball bat to hit you because | don't

ee LS

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-Ken-

sington) Chapter Meeting: (Usually first

Wednesday) 11/4 meeting at 3050 Shattuck. For more

information, time and address of meetings, contact Jim

Chanin at 510/848-4752 or Rachel Richman at

510/540-5507.

Fresno Chapter Meeting: (Usually fourth Tuesday).

Please join our newly-reorganized Chapter! Meetings are

held at 7:00 PM at the Fresno Center for Non-Violence.

For more information, call Bob Hirth 209/225-6223

(days).

Marin County Chapter Meeting: (Usually fourth

Monday) Meet at 7:30 p.m. at the Corte Madera Town

Center, Community Meeting Room. for more information,

contact Rico Hurvich af 415/389-8009.

Mid-Peninsula Chapter Meeting: (Usually fourth -

want to get AIDS."

A female student at Live Oak High

repeatedly found pornographic literature

and obscene notes with graphic and violent

anti-lesbian threats placed in her locker,

including pictures of women who had been

bound and gagged. On one occasion, the stu-

dent discovered a pornographic picture and

a handwritten note taped on the front of her

locker. The note read "Die, Die...Dyke bitch,

- Fuck off. We'll kill you." When the student

sought help from the school, school officials

refused to take any action to protect her and

even denied her request. to change lockers,

despite the school's practice of allowing oth-

er students to change lockers merely to be

closer to friends. -

Other incidents described in the com-

plaint include:

e a Live Oak High School math teacher

_ refused to discipline a male student for

Thursday) Meet at 7:00 PM, at 460 South California

Avenue, Suite 11, Palo Alto. For more information, con-

tact Ken Russell at 650/325-8750.

Monterey County Chapter Meeting: (Usually

third Tuesday) Meet at 7:15 PM, Monterey Library. For

more information, contact Richard Criley at 408/624-

7562.

North Peninsula (San Mateo area) Chapter

Meeting: (Usually third Monday) Meet at 7:30 PM, at

700 Laurel Street, Park Tower Apartments, top floor.

Check-out our web page at: http://members.

aol.com/mpenaclu. For more information, contact Marc

Fagel at 650/579-1789.

Redwood (Humboldt County) Chapter

Meeting: (Usually third Thursday) Meet at Chan's at

359 G Street in Arcata at 7:00 PM. For information on

upcoming meeting dates and times, contact Christina

Huskey at 707/444-6595.

Sacramento Valley Chapter Meeting: (Usually

first Wednesday) Meet at 7:00 PM at the Java City in

Sutter Galleria (between 29 and 30, J and K Streets) in

ACLU News = January-FesRuaArRy 1999 = Pace S

making sexually explicit and harassing

comments to other students in math class,

including "you fucking dumb dyke" and

"you know you like it up the butt."

e high school staff failed to intervene

when students harassed a male student by

repeatedly yelling "faggot" during school

dance recitals in which the student was a

participant.

(c) no disciplinary action was taken after a

group of male students sexually harassed

and physically assaulted a female student

and her girlfriend in the teacher's parking

lot at the high school. 4

_ The suit charges that school district

personnel repeatedly ignored or mini-

mized the seriousness of reports of harass-

ment and abuse by students and parents

solely because the students were per-

ceived to be lesbian or gay. "I am shocked

that a school would allow this kind of

- behavior, and | am afraid for the students

who are still there," said attorney Diane

Ritchie. "All students have a right to be

treated equally and to attend school with-

Ecaiice cca tr earanrstrctncmirarontasmuaneeareirant aca cokecn

Sacramento. For more information, contact David Miller

at 916/991-5415.

San Francisco Chapter Meeting: (Third Tuesday)

Meet at 6:45 PM at the ACLU-NC Office, 1663 Mission

Street, Suite #460, San Francisco. Call the Chapter

Hotline (979-6699) for further details.

Santa Clara Valley Chapter Meeting: (Usually

first Tuesday) Meet at 7:00 PM at the Peace Center, 48

S. 7th St., San Jose, CA. For further chapter information

contact Dan Costello at 408/287-6403.

Santa Cruz County Chapter Meeting: (Usually

third Monday) Meet at 7:15 PM. For more information,

contact Dianne Vaillancourt at 408/454-0112.

Sonoma County Chapter Meeting: (Usually third

Tuesday) Meet at 7:30 PM at the Peace and Justice

Center, 540 Pacific Avenue, Santa Rosa. Call Judith

Volkart at 415/899-3044 for more information.

Yolo County Chapter Meeting: (Usually third

Tuesday) Meet at 7:30 PM, 2505. 5th Street #154,

Davis. For more information, call Natalie Wormeli at

out fear of violence or hostility," added

ACLU-NC staff attorney Ann Brick. "When

school officials disregard the law by refus-

ing to protect students who are perceived

to be lesbian or gay, it sends a message that

violence against lesbian and gay students

is acceptable."

The complaint alleges that the school

district's failure to take appropriate action

to stop the harassment and abuse violates

both federal and state law, including the .

students' right to equal protection of the

law. The plaintiffs are seeking declaratory

and injunctive relief, as well as monetary

damages. "I have never seen a more perva-

sive pattern of homophobic harassment and

abuse in a school setting or a more egre-

gious instance of a school district's refusal

to enforce the law," stated Kate Kendell,

executive director of the National Center

for Lesbian Rights. "These students and par-

ents repeatedly turned to the school for pro-

tection, and the school simply stood by

while the violence and the threats of vio-

lence escalated."

530/756-1900 or Dick Livingston at 530/753-

7255.

Chico Chapter: If you are a member in the

Chico/Redding area, please contact Steven Post-leyes at

530/345-1449.

Chapters Reorganizing

If you are interested in reviving the Mt. Diablo,

Oakland, East Bay or Lesbian and Gay Rights

Chapters, please contact Field Representative Lisa

_ Maldonado at 415/621-2006 ext. 46.

Field Action Meetings

(All meetings except those noted will be held at the ACLU-

NC Office, 1663 Mission Street, 460, San Francisco.)

Student Outreach Committee: Meet to plan out:

reach activities. For more information, contact Nancy Otto

at 415/621-2006 ext. 37.

Student Advisory Committee: For more informo-

tion, contact Nancy Otto at 415/621-2006 ext. 37. i