vol. 66, no. 4

aC

Woitume LXVI

BY ANGILEE SHAH

ACLU INTERN

the country on June 4th, the ACLU is

charging four major airlines with dis-

criminating against passengers who were

ejected from flights for reasons wholly

unrelated to security.

The ACLU of Northern California

(ACLU-NC) and Relman and Associates, a

Washington, DC-based civil rights law firm,

filed suit in federal court in San Francisco

on behalf of Arshad Chowdhury, a 26-year-

old MBA student who was barred from

boarding a Northwest Airlines flight from

San Francisco to Pittsburgh last October

- after he had cleared security. The air-

line's refusal to allow Chowdhury to fly had

nothing to do with safety, the ACLU-NC

contends, but everything to do with some-

thing far more basic: his race and ethnicity.

The suit was filed on the same day as

the national ACLU and three other affili-

ates filed suits across the nation accusing

three more airlines of discriminating

against men who were removed from

flights after September 11th.

|: five sweeping lawsuits filed across

nation, not enforcing security," said Kelli

_ Evans of Relman and Associates." We are fil-

"In ejecting our clients from their |

flights or not permitting them to board, the |

airlines were engaging in illegal discrimi- |

lu news

ACLU Sues Major Airlines Over Discrimination

_ ACLU-NC plaintiff Arshad Chowdhury

to declare that the airlines' actions violate

the plaintiffs' civil rights and ask the court

to order that the airlines implement mea- |

sures to prevent future discrimination.

"We cannot allow the race-based fears -

of passengers and flight crews to trump the |

5 OU

assessment of trained law enforcement |

| professionals," said Jayashri Srikantiah of |

- the ACLU-NC. "In the future, these deci-

sions must be about security, not discrimi-

nation."

"We cannot allow the race-based fears of

passengers and flight crews to trump the

assessment of trained law enforcement

professionals."

- Jayashri Srikantiah

security considerations, not bias."

two of the five are of Arab descent. All are

ing this suit.to ensure that our clients will |

in the future be able to fly with the knowl- _

edge that flight crews are guided by proper |

All five plaintiffs had passed rigorous |

security checks, but were blocked when

other passengers or airline employees said -

they did not want them on board. Four of |

the passengers are United States citizens

and the fifth is a permanent legal resident;

of Asian or Middle Eastern appearance. In |

Chowdhury, who formerly worked for

an investment bank in and across the |

- General Bill Lockyer to protect Californians'

street from the World Trade Center, was

barred from boarding Northwest Airlines

Flight 342 returning home to Pittsburgh |

_ the ACLU urges Lockyer to "take immedi-

October 23rd, 2001. His battle began when |

ering practices carried out in this state -

after a weekend in San Francisco on

he heard his name announced over the

intercom at San Francisco Airport. After |

' enforcement officers - fully respect

_ Californians' state constitutional right to

| privacy." Some of the practices permitted

under the new guidelines violate the right

identifying himself to a gate agent and a

Northwest supervisor, Chowdhury learned

that the pilot found a "phonetic similarity"

| watch list. He complied with all security

_ Northwest. "I'm sorry, this won't make

_ sense, but you can't fly with us," an employ-

addition to Chowdhury's suit, which was |

filed in San Francisco, the suits were filed -

in Maryland, Los Angeles and New Jersey |

against American, United and Continental |

Airlines. The suits ask four federal courts |

| flight later the same day.

| eeks after U.S. Attorney General

John Ashcroft unilaterally loos-

| gathering guidelines that were designed to

| protect America's people from government |

_ overreach, the three ACLU affiliates of |

| FBI on these joint operations "deserve

_ immediate warning that state law - not

| Attorney General Ashcroft - defines what

' conduct is permissible within California."

Non-Profit

Organization

USS Postage

PAID

Permit No. 4424

San Francisco, CA

friends in the Bangladeshi community are

too scared to fly."

One month later, while trying to board

a US Air flight, Chowdhury discovered that

Northwest still had a security block on his

name. US Air removed the block.

"Pm sorry, this won't

make sense, but you

can't fly with us."

THE PLAINTIFFS

Assem Bayaa, 40, a U.S. citizen from

Long Beach, CA, ejected from United

Airlines Flight 10 (Los Angeles to New

York) on December 28, 2001. `J am here to

help ensure that what happened to me

does not happen to my children, to my

brothers and sisters and nephews and

nieces, or to anyone else who happens to (c)

have a different skin color or speaks with

an accent."

Edgardo Cureg, 34, a permanent legal

resident and a Ph.D candidate at the

University of South Florida was ejected

from Continental Flight 1218 (New Jersey

to Tampa) on December 31, 2001, along

with Michael Dasrath, whom he did not

know. "J will never again feel free to travel

in the future, because my basic right to

Continued on page 5

between his name and someone on their

checks, including being held for 40 min-

utes by four police officers, two FBI agents,

and two Northwest agents in front of 200

other passengers at the gate.

But security clearance from local and

federal professionals was not enough for

ee told him. The airline placed his name in

a database that allegedly includes the

names of known terrorists and did not

remove it despite his security clearance.

Chowdhury was permitted to fly on a US Air

"T love America intensely and was

deeply affected by the events of September

11th," said Chowdhury. "But the result of

this system is that my parents and my |

ACLU to Lockyer:

Protect our Privacy!

By STELLA RICHARDSON | "As we celebrate the 30th anniversary

MepIA RELATIONS DIRECTOR | of the state constitutional right to privacy,

| itis imperative that we remember why it

was created," said Mark Schlosberg, police

practices policy director for the ACLU-NC.

"It was created to protect Californians from

the kinds of law enforcement abuses that

occurred in the 1960s. That is why we urge

Attorney General Lockyer to uphold

Californians' right to privacy as federal and

state law enforcement agencies launch

their anti-terrorism investigations."

The letter was signed by the executive

directors of the ACLU of Northern

California, the ACLU of Southern

California and the ACLU of San Diego and

Imperial Counties. Together, the three

affiliates represent over 50,000 members.

The ACLU-NC is continuing its campaign to

preserve privacy by writing to police

departments that are participating in the |

Joint Terrorism Task Forces, urging them

not to violate Californians' rights.

ened decades-old intelligence- |

California are calling on state Attorney

constitutional privacy rights.

In an open letter dated July 2nd, 2002, |

ate steps to ensure that intelligence-gath-

whether by state, local or federal law

to privacy clause inserted by voters into the

state constitution in 1972.

"In short, California has drawn a line

with respect to privacy, political and asso-

ciational rights that government must not

cross even with the best of intentions," the

letter says. "Yet, some of the intelligence

practices now openly encouraged by the

new federal guidelines cross that long-

standing state line."

The federal government's greatly

expanded intelligence operations include

Joint Terrorism Task Forces throughout

California that include state and local offi-

cers working closely with the FBI. The let-

ter explains that officers working with the

You CAN HELP!

Join us in writing the Attorney General and

asking him to protect your constitutional

right to privacy. Address your letter to:

Attorney General Bill Lockyer, 1300 I

Street #1730, Sacramento, 94244 or fax it to

916-323-2137. For a sample letter, visit

www.aclunc.org/takeaction.html

WHAT'S INSIDE

New ACLU-NC Report:

Driving While Black or Brown

BY NICK OAKLEY

ACLU INTERN

he ACLU-NC may have a new best-

HL seller. Hot off the press comes a new

report that makes the case against

racial profiling and provides a roadmap for

change. Driving While Black or Brown- A

Report from the Highways, Trenches, and

Halls of Power in California tells the sto-

ries of Californians who have been stopped

by the police because of the color of their ,

Indivi uals profile in the epor

" ,..1 can't change the

color of my skin. He

used his badge to

insult me. It takes

something from you."

- Jose Lopez

Fremont, CA

skin. It charts the progress of the ACLU-NC

and our allies in working to establish vol-

untary programs for data collection on

race-based traffic stops. It exposes

Governor Davis' continued efforts to

thwart reform. And it outlines the way for-

ward on this crucial issue.

Visit www.aclunc.org/publications.html

to download this report or order copies

from the ACLU by calling Gigi Pandian,

415-621-2493.

Driving While Black or Brown: The

California DWB Report

"When you talk to your white friends about this

driving problem, they look at you funny because

their experience with the cops is just so different,

they don't know what you're talking about."

- Jason Marr, Vallejo, CA

SSSSSSESSSSSE SSP SF PFRERKRSRKERESSESSESSESSESSESESPSSCPSSHRFRRRRKRRKSESSSSSSSESSEESSESSESSSSSPSFFSFSRRKRFSSKSSSSESSSSCSESSSSSC SHS PS SSFP RR RHR SSS

ACLU-NC'S Alexander To

Head Stanford Law Clinic

fter four years with the ACLU-NC,. |

associate director Michelle Alexander

as been tapped to found a presti-

gious new civil rights law clinic at her alma

mater, Stanford Law School. "It was an offer

I couldn't refuse," Alexander explains.

Alexander joined the ACLU-NC in 1998

as director of the newly created Racial

Justice Project (RJP) and immediately set

to work carving out a long-term strategy to

pursue a proactive agenda on racial justice

issues. Alexander embraced a multi-disci- |

_ the political map, and was -

_ instrumental in develop-

plinary approach in the work of RJP, meld-

ing litigation, legislative advocacy, public

- education and grassroots organizing to -

' accomplish change. She spearheaded the |

_ in Sacramento this June (see page 7).

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Jessica Justice

BY GIGI PANDIAN

PROGRAM ASSISTANT

t first we thought it was too good to

be true - a resume appearing in

the mail from a person with the lib- -

erty-themed name Jessica Justice, offer-

ing her time as a volunteer. But Justice |

was not too good to be true. Since April, |

she has been taking out a half day a week |

from her full-time job to serve as our new |

volunteer coordinator.

Justice's com-

mitment to civil

unteerism started

while growing up

on a farm in West

Virginia, the child

_ of socially active

5 parents. It blos-

somed at Guilford

u College,

liberties and vol- |

North |

Carolina, where she worked to pair students

with organizations that needed volunteers

and interns.

After graduating from college, Justice

moved to the Bay Area, where she began

working at a small, family-owned busi-

ness. But she still felt herself pulled

towards the non-profit world and volun-

teer work. Why the ACLU? "I appreciate

the proactive nature of the ACLU," says

Justice. "I like the feeling here that real

social change is possible." _

Now, Justice is putting her skills to good

use, matching volunteers and interns with

the departments that need their help, and

reaching out into a wide range of communi-

ties to help recruit the best volunteers.

If you are interested in volunteering

with the ACLU-NG, please contact Jessica

Justice at 415-621-2493 x3883. To find out

about volunteer positions and internships

in our San Francisco' office, visit

www.aclunc.org/intern.htm! i

_ highly successful Driving

_ Alexander also masterminded and oversaw

re

VOLUNTEER

CU bat

Disa al

Gro

If you care about civil liberties, have counseling

experience and enjoy talking on the phone, a

challenging volunteer position awaits you!

ACLU-NC intake/complaint counselors staff the

ALCU-NC complaint lines (open from 10am-3pm, Monday-

Friday), screening calls and providing information and

referrals to callers.

Due to the training required, the position requires at least a six-month commitment to work one day a week.

For more information, contact Angela Wartes at 415-621-2493.

much of the affiliate's landmark lit-

igation on racial justice issues.

Since its inception, RJP has grown

to accommodate four full-time

staff, and has become a core focus

of the affiliate's work. In 2001,

Alexander was appointed associate

director of the affiliate. "It is rare to

find a leader and colleague who is

as genuinely brilliant, inspiring and

committed as Michelle," says

= Dorothy Ehrlich, executive director

ing the statewide cam- of ACLU-NC. "We wish her the best

paign for educational equity that launched | of luck at Stanford, and we look forward to

_ expanding upon her work and her vision for

- the Racial Justice Project."

While Black or Brown

campaign, which put the

issue of racial profiling on

SES SSSR SSS SSPE SSE SESSESSESSSSHSPHPPRPREEEESSESESEESSSHHE RR E

Honors

for ACLU-NC Staff

nsung hero Robert Nakatani,

| | who directs the ACLU-NC's

Endowment Campaign and also

serves as development director for the

national ACLU's Lesbian and Gay Rights

Project, is receiving the recognition he

so richly deserves. Nakatani is being

honored this summer as one of public

television station KQED's six "out-

standing local heroes" for his work

fighting for gay, lesbian, bisexual and

transgender rights.

Chinese for Affirmative Action

(CAA) also honored three of the ACLU's |

own this summer: Lucas Guttentag, direc-

tor of the national ACLU's Immigrants' |

Rights Project and Francisco Lobaco and |

Roy BATEMAN

Robert Nakatani (right) with KQED

Representative David Blazevich

Valerie Small Navarro of the ACLU's

Sacramento legislative office were pre-

sented with CAA's Civil Rights Award on

June 20, 2002. and

ACLU News = SUMMER 2002 = Pace 2

Cyber Liberties in the Spotlight

BY NICK SOODIK

ACLU INTERN

virtual world without borders means |

a world of new challenges for the |

GLU. This spring, the burgeoning |

field of cyber liberties provided ample fod- |

der for the courts, with the ACLU involved |

in several landmark cases. Two major rul-

ings chalked up significant victories for

First Amendment advocates, while a third

constituted a temporary setback.

FREE EXPRESSION OF IDEAS

In Ashcroft v. Free Speech Coalition, a case

brought by the adult entertainment indus-

try trade association, the U.S. Supreme

Court invalidated the Child Pornography

Prevention Act of 1996 - a law that expand-

ed the definition of child pornography to

include any depiction that "appears to be" _

_ successful challenge in federal district

of a minor engaging in sexual conduct,

"The suit raises -

numerous thorny

questions, including

whether a California

court may exercise

jurisdiction over a

defendant with no

connection to the

state."

"Internet access in libraries provides a window

to the world for many people who would not

otherwise be able to take advantage of this

extraordinary resource."

including images produced by a computer.

The Court found that the law impermissi-

bly banned the zdea of teenagers engaging

in sexual activity - an idea that "is a fact of

modern society and has been a theme in art

and literature throughout the ages." The

case, in which the ACLU and ACLU-NC

served as friends of the court, was argued

by H. Louis Sirkin.

WEB FILTERS IN PUBLIC LIBRARIES

In a second reaffirmation of First

Amendment liberties, the ACLU and the

Ameriean Library Association mounted a

court in Pennsylvania to the Children's

Internet Protection Act (CIPA). in

American Library Association, Inc. v.

United States. The Act requires public

libraries that receive certain types of federal

funds to install blocking software that pre- |

vents library visitors from accessing sexual- |

ly explicit materials on the web. Holding |

that the use of this software violates |

patrons' First Amendment rights because it |

erroneously blocks vast amounts of protect-

ed speech - including the websites of an

orphanage in Honduras and of various reli-

gious groups - the federal district court for |

the eastern district of Pennsylvania struck |

_ ment and sent the case back to the Third

| Circuit so that it can consider the ACLU'S

down the Act on May 31st.

SEGRE ERE SESE ER RRR ERR RRR RRR RRR ERR REESE HHS SSS HS SS

U.S. Supreme Court

Highlights

lows. The ACLU celebrated landmark -|

| t was a term of sweet highs and bitter

decisions banning the execution of the

mentally retarded and bolstering online

First Amendment rights as the US.

Supreme Court's 2001 term ended on June

_ 27th. Nevertheless, with rulings upholding

school vouchers and expanding student

drug testing, among others, overall the

Court solidified its conservative record.

"This Court will ultimately be remembered

for its conservative judicial philosophy and

activist judicial temperament," said ACLU.

national legal director Steven R. Shapiro.

Zelman v. Simmons-Harris: Green

Light for School Vouchers

For the first time, the Court approved

a plan that permits millions of dollars of

taxpayer money to be transferred to

parochial schools where it can be used for

_ Teligious instruction. In Zelman, in which

| the ACLU served as co-counsel, the Court

_ rejected a challenge to Cleveland's vouch-

er program. The ACLU's Shapiro hailed

this ruling as "bad for education and bad

- for religious liberty." :

Board of Education v. Earls: Dru

_ Tests for Choir Kids

Drug tests for school kids

"This Court will ultimately

be remembered for its

conservative judicial

philosophy and activist

judicial temperament."

- Steven R. Shapiro

secured a troubling boost in Karls.

In a case argued by the ACLU on

behalf of an Oklahoma high school

choir member, the Court rejected a

challenge to a school policy requir-

ing random drug tests for all

students who participate in extra-

curricular activities.

Ashcroft v. ACLU ; Curbing

Internet Censorship (see Cyber

These are some of key rulings.

Atkins v. Virginia: No Executions for

the Mentally Retarded

In a remarkable U-turn, the Court

responded to mounting concern about

fairness and accuracy in the application of

~ the death penalty by banning the execu-

tion .of mentally retarded people. The

Court rejected a similar plea 18 years ago.

Ring v. Arizona: More Power to

Jurors in Death Penalty Trials

The Court called into doubt the validi-

ty of hundreds of death sentences around

the country just one week after Atkins. In

king, it ruled that critical sentencing

issues in death penalty trials must be

decided by ajury rather than a judge.

Upheld

Liberties, above, for details).

Ashcroft v. Free`Speech Coalition

Free Speech Victory for "Virtual Porn".

(see Cyber Liberties, above, for details).

HUD v. Rucker: One Strike Evictions

In Rucker, the Court upheld .the

| Oakland Housing Authority's "one strike

| and you're out" policy governing drug use

| in public housing. The policy allows ten-

ants to be evicted if someone connected to

_ their household engages in drug related

_- activities - even without the tenant's

| knowledge. The ACLU and ACLU-NC

| served as friends of the court.

Visit www.aclu.org/court/court_sum-

| mary01.pdf for a full summary of the term's

| decisions from the national ACLU. @

"Internet access in libraries provides a

window to the world for many people who

would not otherwise be able to take advan-

tage of this extraordinary resource," said

Ann Brick of the ACLU-NC. "The court

made clear that any attempt to censor this

crucial public forum for communication

must meet the highest level of First

Amendment scrutiny. CIPA fails that test."

This comes on the heels of a first-of-its-

kind ruling in Kathleen R. v. Livermore last

year, when the state Court of Appeals in

San Francisco ruled that public libraries

cannot be held liable when young people

find pornographic materials on the web.

Brick served as a friend of the court and

participated.in oral argument in that case.

FREE SPEECH IN CYBERSPACE

On June 27th, the U.S. Supreme Court dealt

the ACLU a temporary setback when it

issued its ruling in Ashcroft v. American

Civil Liberties Union. The ACLU is challeng-

ing the Child Online Protection Act (COPA),

which criminalizes website content deemed

"harmful to minors." Although the High

Court disagreed with the Third Circuit

Court of Appeal's reasoning in striking down

the Act, it kept in place the preliminary

injunction prohibiting the Act's enforce-

_ other constitutional arguments.

Meanwhile, a high-profile brouhaha over

the enforceability of a French court's order

here in the United States has moved on to the

Ninth Circuit Court of Appeals. In May, the

ACLU-NG, the national ACLU, and an impres-

sive consortium of free speech advocates

| filed an amicus brief in Yahoo! Inc. v. La

Ligue Contre Le Racisme et L'Antisemitisme.

| The U.S.-based Internet portal is challenging

a French court's order requiring it to censor

| web content related to Nazism. The ACLU is

urging the court to uphold a November 2001

district court ruling which said that enforce-

ment of the French court's order would vio-

late the First Amendment rights of Yahoo!'s

' American users.

JURISDICTION BEYOND BORDERS

The ACLU-NC has also sprung to the

defense of a former Indiana student who

was sued in California - over information

he posted on his website. When a 15-year-

old Norwegian boy figured out how to dis-

able the encryption mechanism of DVD

movies so that they could be played on

computers and DVD players lacking the

official decryption system, he posted the

program online. Dozens of people includ-

ing Matthew Pavlovich, then a student at

Purdue University, followed suit. The DVD

industry trade association then sued a host

of individuals, including Pavlovich, in an

effort to force them to remove the informa-

tion from their websites. In an amicus brief

filed with the California Supreme Court in

DVD Copy Control Association v.

| Pavlovich, the ACLU-NC argued that post-

ing information on the Internet is not

enough to require a non-Californian to

defend himself in a Californian court.

"This case raises numerous thorny

questions, including whether a California

court has jurisdiction over a defendant

with no connection to the state," said

Brick. In our brief, the ACLU-NC argues

that the appeal court's conclusion that the

instant access provided by the Internet "is

the functional equivalent of personal pres-

ence of the person posting the material" is

at odds with existing precedent.

Visit www.aclunc.org/cyber/index.html

for more information on all of these cases. Hi

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Free Speech for Nike

| en Nike, Inc. came under fire

over conditions in its overseas fac-

tories, the shoe giant fired back

_ and a war of words began.

Prominent critics, including New York

| Times columnist Bob Herbert, alleged that

_ workers in China, Vietnam and Indonesia

were engaged in back-

protections not be eroded because the

speaker or the speech is unpopular," said

Ann Brick of the ACLU-NC. "In a-political

debate about economic issues, the same | -

rules must apply to Nike as to its critics -

both have a right tell their side of the story.

To hold Nike's speech to a different stan-

dard because we don't

breaking labor, some-

times enduring physical

abuse as they toiled for

skeleton wages to make

Nike's premium-priced

shoes. When Nike

responded to _ the

charges with a letter to

the editor and press

releases of its own, the

company found itself a

defendant in a lawsuit

charging it with engag-

ing in unfair business

practices and false

advertising.

",..the very same

First Amendment

that allows me to

make these

assertions about

Nike must also

allow Nike to

defend itself."

- Bob Herbert

like what the company

says is dangerously incon-

sistent. - with - First

Amendment values."

The California

Supreme Court disagreed,

ruling 4-8 on May 2nd that

Nike's statements were

commercial speech and -

that the suit should pro-

ceed. However, the ACLU

did win over an_ ally:

Herbert, whose own

columns roundly criticiz-

ing Nike helped spark the

lawsuit, wrote a com-

The suit raised trou-

bling free speech issues for the ACLU. The

statements at issue are not advertising in

' any traditional sense; rather, they consti-

_ tute Nike's attempt to engage in a public

debate about its business practices.

| Therefore, in a brief before the California

_ Supreme Court, the ACLU-NC contended

_ that to consider these statements commer-

_ cial speech is to stretch the definition of

commercial speech too far.

"Our main concern in this case was to

_ ensure that important First Amendment

pelling editorial support-

ing the sneaker empire's right to "stay in

the game."

"Although it pains me to say it, I am not

in favor of stifling the speech of the loud

and obnoxious and terminally exploitative

Nike Corporation," wrote Herbert. "[T]he

very same First Amendment that allows me

to make these assertions about Nike must

also allow Nike to defend itself....In

America," concludes Herbert, "that kind of

"speech, even if it is not always accurate,

deserves unyielding protection."

83 ACLU News =u SUMMER 2002 = Pace 3 :

Restoring Freedom on

Independence Day

By DoroTHy M. EHRLICH

ExeEcuTIvE Director, ACLU-NC

A shorter version of this article appeared in

the San Francisco Chronicle on July 4th.

"Wuly 4th is a quintessential American

J ite But for the fog along the

coast, it is a warm, summer celebra-

tion where barbecues and fireworks take

center stage - a day when we focus on the

pursuit of happiness.

But this Independence Day has more ~

significance. As a nation, we are reeling

from the trauma of a domestic terrorist

assault. And in response, we have wit-

nessed the erosion of the fundamental

freedoms this day is meant to celebrate.

Like most Americans, I agree that the

government must protect our safety since

September 11th. But I have been con-

founded by the Bush administration's sin-

gle-minded pursuit of the war on terrorism

with little regard for the Constitution.

Privacy, freedom and justice have been

upended, with little evidence of enhanced

safety. Attorney-client privilege has been

eroded; immigrants' rights shredded; free-

dom of information is under assault.

Instead, we have military tribunals, race-

based questioning dragnets, expanded

wiretap powers, and a "neighborhood

watch" program that encourages us to spy

on our neighbors. But perhaps the coup de

grace was the U.S. Attorney General's

reversal of decades-old regulations that

barred the intelligence agencies from mon-

itoring political and religious institutions

without probable cause.

_FIGHTING FOR FREEDOM:

Those regulations were in place for a

reason. A recent San Francisco Chronicle

report unveiled remarkable abuses by the

FBI and CIA in the `60s and `70s, when the

agencies systematically infiltrated UC

Berkeley, sabotaged the Free Speech

Movement and ousted then- University

President Clark Kerr. And Kerr was far

from alone.

The agencies' overreach destroyed

thousands of lives. They launched a mind-

boggling smear campaign against the Rev.

Martin Luther King, Jr. They spied on less-

er-known activists like Frank Wilkinson, a

housing advocate who was watched tire-

lessly by the FBI for three decades. His sur-

veillance generates a pile of 132,000

documents reaching seven stories tall and

a totaling taxpayer tab of $17 million.

Even after new guidelines were estab-

lished in the 1970s, the abuse continued.

In June, a jury handed down a $4 million

ruling against the FBI and the Oakland

_ Instead of fireworks, we should ignite a

movement to restore those freedoms. That

would be something to celebrate.

police for violating the First and Fourth

Amendment rights of two Earth First

activists who were victims of a car bomb

attack. The agencies tried to discredit Judi

Bari and Darryl Cherney, claiming that

they had planted the bomb themselves,

and failed to find the real culprits.

In these cases, our intelligence agen-

cies misused taxpayer money by targeting

people who disagree with government poli-

cy. With the sweeping new powers now

granted these same agencies, allowing

_ them to spy in libraries, mosques, and

churches, on the Internet and in colleges, I

fear that rather than learning from history,

we are destined to repeat it. And finally, I

fear that the brunt of this backlash will

continue to be borne by those of Middle

Eastern descent, whether at school, at

work, while traveling, or as targets in the

government's sweep of thousands of

Middle Eastern men.

So this July 4th, perhaps we need to

put down the beach ball and the potato sal-

ad for a moment and acknowledge the

many liberties we have lost. This

Independence Day, instead of fireworks,

we should ignite a movement to restore

those freedoms. That would be something

to celebrate.

VBRSKSESSSSSCSSSSSSSSSSSSSSS PSS RSRERKSKSCSKESERFSHSSSSSSSEESEE SSE EE SRRRKRRKRSSSEKRSESSHSSSSSSSEGSESESSSHE SSS SSSSRRERSKRSESSSSSESSEESEEEHEESS SSPE

-Demonstrators and Dissent

ver since the Attorney General's

9 notorious words that those who dis-

agree with the government agenda

are "giving ammunition to our enemies,"

the ACLU has exercised extra vigilance,

concerned that this new political climate

may have a chilling effect on the free

expression of dissent.

This spring, three separate incidents in

our own backyard gave cause for concern.

FREE SPEECH AT UC BERKELEY

It began at the birthplace of the Free

Speech Movement: UC Berkeley. With vio-

lence mounting in the Middle East in May,

pro-Israeli and pro-Palestinian students

held dueling rallies on campus. Tensions

were high when members of Students for

Justice in Palestine (SJP) moved their

protest indoors to conduct civil disobedi-

ence. What happened next raised the tem-

perature still higher. The University

responded by threatening to suspend for

up to a year the 41 students who were

arrested for trespass, and issued an inter-

im suspension of SJP (which it rescinded

days later). This crackdown on the pro-

Palestinian group was harsh compared to

the way the University handled previous

demonstrations, asserted the ACLU-NC

and the UC Berkeley Campus ACLU in a

letter to UC Berkeley Chancellor Robert M.

Berdahl, which questioned the legality and

fairness of the university's reaction.

One of 79 demonstrators arrested for

protesting at UC Berkeley's Wheeler Hall

DAILY CALIFORNIAN

_ tolerant environment" -

"The University's

reaction to the April 9th

sit-in has a chilling

effect on the students'

right to free speech,

especially at time when

freedom of expression is

so critical to our democ-

racy, said ACLEU-NC

legal director Alan

Schlosser. "The right to

express ideas that are

controversial and

unpopular must be vigi-

lantly protected."

SAFETY AND

TOLERANCE AT

SFSU

Days later, the ACLU-NC

Ano

=

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Berkeley's Wheeler Hall

wrote a second letter

calling on a local univer-

sity to ensure a `safe and

this time San Francisco

State University (SFSU).

Clashes between

"The right to express ideas that

are controversial and unpopular

must be vigilantly protected."

_ - Alan Schlosser

demonstrators expressing divergent views

on the Middle East conflict degenerated

into an intimidating environment on May

7th, 2002. As a result, the university turned

over tapes of the protests to the District

Attorney's office for possible hate crimes

violations. -

"Some participants at the demonstra-

tion report that they were physically sur-

rounded, threatened and detained by

counter-demonstrators," the letter says. "If

true, this indicates a failure on the univer-

sity's part to ensure that both sides be able

to express their views at a political demon-

stration... We would expect. San

Francisco State - historically, the site of

many robust political protests-to have

experience with opposing demonstrations

and to utilize that experience to provide an

appropriate forum for political discussion

in these circumstances."

The university responded by creating a

taskforce to review issues of inter-group

relations on campus, and no charges were

filed against the demonstrators. But the

issue did not end there. Pro-Palestinian

students approached the ACLU, concerned

about a mandatory mediation process set

up by SFSU, which threatened four student

organizations with loss of organizational

recognition and rights if they failed to

"complete this process by June 15, 2002."

"The institution of a new and untested |

mandatory procedure, under the threat of |

sanctions if a resolution is not reached ina |

few weeks, raises questions and concerns _

about whether this mediation will occur |

under conditions and in an atmosphere

conducive to bringing groups together,"

wrote Schlosser, in a letter to SFSU

President Robert Corrigan:

CHP Emp.Loys AGGRESSIVE TACTICS

AGAINST PEACEFUL PROTESTERS

What started as a peaceful protest against

the war on terrorism on the Golden Gate

Bridge ended as yet another shameful

chapter in the history of the California

Highway Patrol (CHP). :

Anti-war and pro-Palestinian protest-

ers with the All People's Coalition (APC)

secured a permit to march from San

Francisco over the bridge to Marin on

Saturday May 25th. Twenty-five minutes

before the permit expired, dozens of CHP

officers wielding batons and wearing full

riot gear forcibly broke up the rally, block-

ing the marchers from advancing. CHP

officers pushed protestors with batons and

arrested several protesters. When some

demonstrators peacefully resisted arrest,

officers pried them apart and sprayed a

mist that press accounts identified as pep- .

per spray. Officers also arrested and man-

handled an 11-year-old girl.

Days later, the ACLU-NC joined with a

broad array of groups, including the

American-Arab Anti-Discrimination

Committee (ADC), the Council on

American-Islamic Relations (CAIR), and

the Ella Baker Center to denounce the

CHP's actions. The groups called on the

CHP to mount a full investigation into the

incident; make public a full report, includ-

ing how the decision to break up the rally

was made; work with civil liberties groups

to formulate new policies for dealing with

future demonstrations; and to conduct

sensitivity trainings for officers on dealing

with protests involving Arab, Muslim and

South Asian communities.

The ACLU-NC also wrote a letter to the

CHP sharply criticizing their response to

the May 25th protest. "The CHP's prema-

ture and forcible ending of the May 25th

march has ramifications beyond that par-

ticular march," wrote the ACLU-NC's

Jayashri Srikantiah. "When one group of

peaceful protesters is greeted with dozens

of police officers in riot gear, wielding

batons and even pepper spray, other pro-

testers are understandably deterred from

engaging in similar marches. We live in a

time of national crisis when Americans are

privately and publicly engaging in vigorous

debate about American domestic and for-

eign policy. Now is a time when the govern-

ment should be particularly vigilant in

protecting the First Amendment rights of

Americans, especially those who, like APC,

might express an unpopular viewpoint."

To learn more about your rights to

protest at this troubling time, visit

www.aclunc.org/publications.html and

download a copy of The Rights of

Demonstrators. @

ACLU News = SUMMER 2002 i. a

Freedom Scorecard Details Liberties Lost

s America celebrated independence

on July 4th, the ACLU of Northern

California marked the occasion by

releasing a scorecard that summarizes the

toll of the Bush Administration's policies

on Americans' constitutional freedoms.

The tally: Bush Administration, 20;

Constitution, 0.

The scorecard and an accompanying

chronology document dozens of govern-

ment actions that

have limited consti-

"Leading intelligence experts have

cautioned against racial profiling since

September 11th, warning that it is no sub-

stitute for identifying suspicious patterns

of behavior and that it alienates commu-

nities that law enforcement needs to

engage," said police practices policy

director Mark Schlosberg. "Furthermore,

given the well-documented failures of the

FBI to interpret the information agents

had gathered before

September 11th, it is

hard to fathom how

tutional freedoms

since September

llth. They include

the expansion of

wiretapping and

secret search pow-

ers under the USA

Patriot. Act; the

Attorney General's

directives ordering

broad questioning

sweeps. of young

men of Middle

Eastern and South

Asian origin; the

erosion of attorney-

While acknowledging

the need for enhanced

safety in the wake of

the September | Ith

attacks, ACLU-NC

experts say some

erosions of freedom

may actually work

counter to the

government's goals.

gathering vast quan-

tities of useless

information by con-

ducting broad `fish-

ing expeditions' in

religious and com-

munity institutions

will help keep us

safe."

The ACLU has

mounted challenges

to some of the more

egregious infringe-

ments on individual

rights, and express-

client privilege,

media freedom and

immigrants' rights;

and the loosening of regulations governing

intelligence-gathering procedures.

"The Administration has a duty to

investigate the attacks of September 11th,"

says Jayashri Srikantiah, an attorney with

ACLU-NC. "But it also has a duty to uphold

the Constitution. Its failure to protect our

rights has had a very real impact, creating a

climate of fear among immigrants and com-

munities of color, who are bearing the brunt

of the backlash in our schools, at work,

while traveling, and even in their homes."

While acknowledging the need for

enhanced safety in the wake of the

September 11 attacks, ACLU-NC experts

say some erosions of freedom may actually

work counter to the government's goals.

es optimism that

civil liberties will be

restored. "Round

one goes to the government," says

Schlosberg. "But I believe that, with the

help of the Courts and the Congress, the

American people will get their freedoms

back." :

"If we allow fear to define us, this

nation will become less tolerant, more

divided, and much less free," says Dorothy

Ehrlich, executive director. of the ACLU-

NC. "The Bush Administration has repeat-

edly warned that this war will last for very

long time. We should not allow our fear to

extinguish the freedoms that make this

nation strong."

To learn more, visit our special

feature "Fighting for Freedom" at

www.aclunc.org and

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Airlines Sued...

Continued from page |

travel free from discrimination has been

grossly violated."

Michael Dasrath, 32, a U.S. fen

from Brooklyn, NY, ejected from

Continental Flight 1218 (New Jersey to

Tampa) on December 31, 2001. Seated

behind Cureg on Flight 1218, Dasrath

heard a woman complain: "Those brown-

skinned men are behaving suspiciously."

Dasrath says: "J was working in

Manhattan on September 11 and I will

never forget the horror of that day. But

ejecting me from a flight to make a passen-

ger feel better isn't going to ae anyone

any safer."

Hassan Sader, 36, a U.S. citizen from

Virginia, ejected from American Airlines

Flight 1531 (Baltimore to Chicago) on

October 31, 2001. "7 want to restore my

confidence and faith in this country

because this is where I want to be."

The American-Arab Anti-Discrimina-

tion Committee is also a plaintiff in four of

the suits.

Bush Administration vs. The Constitution:

A CIVIL LIBERTIES SCORECARD, JULY 4TH, 2002

Action

Congress abdicates oversight responsibilities, granting

President Bush unfettered power to wage war on terrorism.

9.15.01

Chief Immigration Judge orders closed deportation

proceedings. 9.21.01

Ashcroft memo reduces government compliance with

Freedom of Information Act requests. 10.17.01

White House asks media outlets not to air tapes of Osama

Bin Laden. Major networks comply. 10.11.02

vee PATRIOT ACT, 10.26.01:

Wiretap powers expanded, in some cases with reduced

judicial review

Law enforcement permitted to indefinitely detain non-

citizens based on suspicion of terrorism

"Sneak and Peek" searches authorized without a warrant

with low showing of probable cause

Broad definition of `domestic terrorism' allows surveillance

of political dissenters

0x00B0 New information-sharing powers for intelligence agencies

Ashcroft authorizes monitoring of attorney-client

conversations. !0.31.01

Ashcroft orders two questioning dragnets of Middle

Eastern and South Asian men. | 1.9.01, 3.20.02

Presidential order allows non-citizens to be tried in military

tribunals. 11.13.01

Immigrants' Rights Aviation and Transportation Security Act

bars non-citizen airport screeners. | 1.19.01

Ashcroft orders state and local government not to

release names of people detained since 9/11. 4.18.02

GENER new rules on intelligence-gathering permit:

spying on religious and political institutions-without any

suspicion of criminal activity

the purchase of secret records on individuals who are not

suspected of a crime. 5.30.02

DO} requires fingerprinting and registration of lawful

visitors from Middle Eastern nations. 6.5.02

President establishes new cabinet-level Department of

Homeland Security. 6.6.02

President designates U.S. citizen Jose Padilla an `enemy

combatant, under military jurisdiction. 6.9.02

TOTAL

Endnotes: Leveling the Score

Un response to federal suits filed by the ACLU in New Jersey and Michigan, two federal courts rejected the government's blanket policy on secret deportation hear-

ings, rejecting the claim that public access would compromise its investigations. The government has appealed the rulings.

" Police departments across the nation, including several in northern California, refused to cooperate with this investigation, saying that racial profiling was counter-

productive and detrimental to community relations. The first investigation of 5,000 men led to no arrests related to terrorism charges, but only to a handful of charges

for minor visa violations. Since September | 1,a number of leading intelligence specialists have gone on record saying that racial profiling is an ineffective law enforce-

ment tool.

ii Qn January 17, the ACLU Immigrants' Rights Project, the ACLU affiliates of Northern and Southern California and the SEIU filed suit in federal district court in Los

Angeles challenging the new regulation barring non-citizen airport screeners, which includes legal permanent residents. At San Francisco International Airport, approx-

imately 80-percent of airport screeners are non-citizens who could lose their jobs.

V In two separate state and federal cases, the ACLU is seeking basic information about the hundreds of people who have been detained since September ||. In the state

case, a New Jersey judge ruled on March 27 that the government must release the names of hundreds of detainees in the state. The federal government, which intervened

in the case, has appealed the decision. Shortly after the ruling, the Attorney General issued the directive instructing local governments to keep detainees' names secret.

BESS S SSP CRHRRRAARSHEBSHETEEE CER ERS RAS HRERARARESESESEHESESEE

_- Racial Justice and the War on Terrorism

Reporters from ethnic media outlets ranging from India West to El Tecolote attended

an ACLU-NC press briefing co-sponsored by California New Media on June 27th. The

briefing focused on the particular dangers that the government's new and unneces-

sary powers since September 11th pose to immigrants and communities of color.

Speakers at the briefing included (1 to r) Dorothy Ehrlich, ACLU-NC executive direc-

tor; staff attorney, Jayashri Srikantiah; Mark Schlosberg, director of police prac-

tices policy; and Lilliana Garces, attorney for the ACLU's Immigrants' Rights Project.

- Nick Soodik, ACLU Intern

EN on you ean Ae tax-

2 da `deductible donations to the

ow le rales ACLU Foundation of Northern

On - California at the click of the

a ua J button. Visit us online at

e www.aclunc.

to Ty aaiia or

Gee!

eae

ACLU News = Summer 2002 = Pace 5

s the 2002 legislative session draws

Ae a close, the ACLU's Sacramento

office is working furiously to ensure

| the passage of several crucial bills - and

is just as vigorously fighting initiatives

that threaten our civil liberties and

rights. The ACLU needs your support on

bills that will guarantee new rights to

domestic partners, protect the financial

| privacy of Californians, and create a

reproductive rights. law to make our

granddaughters proud. Read on and visit

www.aclunc.org/iakeaction.himl to learn

more about these bills - and about what

you can do to help.

DOMESTIC PARTNERS IN THE

SPOTLIGHT

Last year, California enacted the most pro-

gressive law in the nation on domestic

partners benefits with AB 25, by Carole

Midgen (D-San Francisco). Now, two cru-

cial new bills could take California two

steps further.

Authored by Assistant Assembly

Speaker Pro Tem Christine Kehoe,

AB1080 would prohibit state agencies

from entering into contracts with vendors

or contractors whose employment bene-

fits discriminate against employees with

domestic partners. The bill is modeled on

the exemplary domestic partners benefits

ordinance enacted by the City and County

of San Francisco, which the ACLU-NC and

the ACLU Lesbian and Gay Rights Project

vigorously helped defend in the courts

last year. Similar ordinances are now in

place in the county of San Mateo and the

cities of Oakland, Berkeley and Los

Angeles. "AB 1080 begins the process of

ending marital status discrimination by

recognizing the reality of the family rela-

tionships of many of our state's residents "

and ending the disadvantageous treat-

ment now afforded these non-married

couples," says Francisco Lobaco, ACLU

legislative director,

An effort made particularly pertinent

by the struggle for recognition by domestic

partners of victims of the September 11th

attacks, AB 2216, by Assembly Speaker

Pro Tem Fred Keeley, provides surviving

registered domestic partners the right to

inherit a specified share of a partner's

estate if a partner dies without a will.

"Ensuring this bill will help encourage

domestic partners to act as a family unit in

| financial matters and will

_ protect each of the partners

| if they make economic sacri-

-and will now advance to the

fices for the benefit of the

domestic partnership," says

Lobaco.

_ AB1080 and AB 2216

passed out of Senate

Judiciary Committee in June

Senate Appropriations

Committee for fiscal consid-

eration. Both bills are spon-

sored by the California

Alliance for Pride and

Equality (CAPE).

Your Money, YouR BUSINESS ~

Do you want your bank to share informa-

tion about your finances with other institu-

tions? If the answer is `no', the ACLU needs

your help.

SB 773 by Senator Jackie Speier (D-

Hillsborough) is a crucial bill that protects

financial privacy by requiring that banks

| and insurance companies get permission

_ before sharing Californians' personal infor-

mation. The federal Financial Services

Modernization Act of 1999 allowed for the

creation of vast new financial conglomer-

ates that combine the traditionally sepa-

rate industries: banking, insurance and

brokerage houses. Now, through shared

| databases, these conglomerates are able to

exploit our private information in new and

powerful ways. SB 773 makes it illegal for

financial institutions to share information

with affiliated companies unless they tell

customers and give them the chance to say

no. Without getting customers' positive

consent, they may not share information

with non-affiliated companies.

"This is our chance to regain control

over our own privacy, to reduce our expo-

sure to high-risk schemes and to cut down

on junk mail and telemarketing calls," says

_ Valerie Small Navarro, ACLU legislative

| advocate. "Our privacy rights are-on the

| auction block and we need to tell our elect-

| ed officials that we want them back."

Drivers LICENSES FOR IMMIGRANTS -

OR A BACKDOOR NATIONAL ID?

At first, AB 60 (Cedillo, D-Los Angeles)

was a simple solution to a pressing prob-

lem. The bill allowed immigrants who

were in the process of securing legal status

to obtain a drivers license. AB 60 was good

for immigrants and good for public safety -

until Governor Davis stepped in. In an.

unusual procedural maneuver, which is

being challenged by the Mexican American

Legal Defense and Educational Fund

(MALDEF), after the bill was sent to the

Governor's desk, the Assembly's Chief

Clerk retrieved the bill and returned it to |

the Legislature. The Governor requested

that a slew of provisions be added to a com- |

panion bill that turn this once elegant |

solution into a backdoor effort to make the |

California, drivers license part of a.

National ID system. The amendments pro- -

vide that all people must give a digital

thumbprint to obtain a drivers license and

mandate that all immigrant applicants

undergo a Department of Justice back-

| ground check and an FBI "wanted fugitive

check." In addition, with a simple elec-

tronic swipe of the license, law enforce-

ment will be able to identify people as

undocumented immigrants.

"This is the first step down a slippery

slope toward an ID system that will allow

for the discriminatory treatment of immi-

grants and for dramatic curtailments of

Americans' privacy rights," said ACLU leg-

islative advocate Valerie Small Navarro.

"We don't want these dangerous provisions

added. AB 60 is an important bill that

should not be loaded down with a compan-

ion bill containing these provisions."

No More EXECUTIONS FOR THE

MENTALLY RETARDED

An ACLU-supported effort to bar the exe-

cution of people with mental retardation

took a dive last year after Assembly

Democrats, wary of being dubbed soft on

crime, stifled it in committee. But in 2002,

the political scene saw a dramatic shift. In

a landmark decision on June 27th, the

U.S. Supreme Court ruled it unconstitu-

tional to execute people with mental

retardation, citing a "growing national

consensus' about troubling flaws in the

application of the death penalty. The

momentous ruling was out of step with

California law, but consistent with laws in

380 states, which had either outlawed capi-

tal punishment or the execution of the

| mentally retarded. Now, Assemblywoman

Dion Aroner (D-Berkeley) is back with AB

557, which will create a process to imple-

ment the decision in California. The bill is

currently pending in the Senate Public

Safety Committee.

ONE STEP CLOSER TO

REPRODUCTIVE PRIVACY

Californians came one step closer to bring-

ing the state's archaic abortion laws into

step with federal law when the

Reproductive Privacy Act (SB 13801, D-

Kuehl) passed out of Senate Judiciary

Committee. The bill is now pending in

Senate Appropriations. Learn more about

this bill and find out what you can do to |

help provide California's women with the

reproductive rights they need at

www.aclunc.org/takeaction.html

HRS SSHCHE RSS SSE SSHHKERHRESHSHHRESSHEKSSHSREEKSHSKRKESRHHRRASRHRRERSSKKRERSKRHRE RRR RHSKEEKKSKRKEKEKRHRKRERHSKSRESSHRRRESSRREBSREEBES

Strike Two for Connerly:

Initiative Rolls Over to March 2004

N alifornia voters just aren't buying

Ward Connerly's vision. That mes-

sage resounded across the state in

June when the anti-affirmative action ~ |

activist failed for the second time to qualify

his "Racial Privacy Initiative' for the

intended ballot. The measure, which will

bar state and local agencies from gathering

information on race, will not go before the

voters in November 2002. Instead, it will

roll over to the next statewide election in

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_1993.batch ACLUN_1994 ACLUN_1994.MODS ACLUN_1994.batch ACLUN_1995 ACLUN_1995.MODS ACLUN_1995.batch ACLUN_1996 ACLUN_1996.MODS ACLUN_1996.batch ACLUN_1997 ACLUN_1997.MODS ACLUN_1997.batch ACLUN_1998 ACLUN_1998.MODS ACLUN_1998.batch ACLUN_1999 ACLUN_1999.MODS ACLUN_1999.batch ACLUN_2000 ACLUN_2000.MODS ACLUN_2000.batch ACLUN_2001 ACLUN_2001.MODS ACLUN_2001.batch ACLUN_2002 ACLUN_2002.MODS ACLUN_2002.batch ACLUN_2003 ACLUN_2003.MODS ACLUN_2004 ACLUN_2004.MODS ACLUN_2005 ACLUN_2005.MODS ACLUN_2006 ACLUN_2006.MODS ACLUN_2007 ACLUN_2007.MODS ACLUN_2008 ACLUN_2008.MODS ACLUN_2009 ACLUN_2009.MODS ACLUN_2010 ACLUN_2010.MODS ACLUN_2011 ACLUN_2011.MODS ACLUN_2012 ACLUN_2012.MODS ACLUN_2013 ACLUN_2013.MODS ACLUN_2014 ACLUN_2014.MODS ACLUN_2015 ACLUN_2015.MODS ACLUN_2016 ACLUN_2016.MODS ACLUN_2017 ACLUN_2017.MODS ACLUN_2018 ACLUN_2018.MODS ACLUN_2019 ACLUN_2019.MODS ACLUN_ladd ACLUN_ladd.MODS add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log March 2004.

"What a blow to this already struggling

campaign," said David Mermin, a pollster

and consultant with Lake Snell Perry

Associates. "Given the low approval ratings.

in early polls - less than a majority, which

signals trouble - I think you'd have to say

this initiative is on the ropes. This latest.

failure demonstrates more pointedly that

despite a very well-funded signature-gath-

_ ering campaign, voters are skeptical."

Connerly put the initiative on the back-

| burner in 2001 after a lackluster showing

during the signature-gathering phase. A

| process pushed certification beyond the

June 27th deadline for qualification for the

_ ballot for November 2002.

"This second-failure to qualify is bad

"No one bets on a horse with a record like this

one, even if you happen to like its name."

- David Mermin, pollster

Lake Snell Perry and Associates

year later he was back, this time increasing

the per-signature payout to signature gath-

ering professionals. Even so, in April, the

Sacramento businessman filed just enough

signatures to qualify the initiative - so

few that local counties were forced to

engage in the costly and time-consuming

process of verifying every signature. This

, news for Connerly and good news for

California," said Dorothy Ehrlich, executive

director of the ACLU-NC. "Our research

shows that the more voters learn about this

deceptive initiative, the more concerned

they become. With extra time to debate this

experiment on the state, I think the voters

| will call strike three in March 2004."

ACLU News = SumMER 2002 = Pace 6

Mermin agreed, saying: "No one wants

an initiative theyre backing to falter like

this. An initiative that completely fails to

garner public support in its first outing,

then comes out in round two with this very

anemic performance, which is going to

trigger an expensive full-verification

process, costing taxpayers millions of addi-

tional dollars, raises a red flag to its back-

ers and potential:donors. No one bets on a

horse with a record like this one, even if

you happen to like its name."

Opponents argue that the initiative

would devastate the state's public health

and education programs, and _ rob

Californians of information about the

state's progress in rooting out disparities

based on ethnicity and race. Proponents

_ say that barring the collection of informa-

tion on race and ethnicity is the first step

toward creating a "colorblind society."

Even Connerly has conceded that sup-

port for- the controversial initiative has

failed to materialize, saying that he needs

more time to "educate Californians about

race.' In April, Connerly asserted that he

deliberately turned in just a portion of the

Continued on page 7

Students Give State an Exam of Their Own

Students, educators, and civil rights groups joined together in Sacramento for State

Accountability Day

Q: WHERE DOES CALIFORNIA RANK AMONG ALL 30 STATES FOR

STUDENT-TEACHER RATIO?

A: DEAD LAST.

BY KATAYOON MaAgp

RACIAL JUSTICE PROJECT

his question is one of many on a |

"state accountability exam" deliv- |

ered to California policymakers by

more than 150 students, parents, teachers

and advocates, including staff from the

ACLU-NG, who traveled to Sacramento to

meet with legislators, reporters and the

California School Board on June 26th.

The advocates, members of an emerg-

ing statewide coalition, drove home a pow-

erful but simple message: the state of

California is accountable for providing a |

quality education for all of our kids. In par-

ticular, the coalition called for the post-

ponement of the High School Exit Exam

(HSEE), which is due to become a require-

ment for graduation in 2004, until the state

demonstrates that it is giving low-income

students and students of color a fair

chance to succeed (see demands, right).

"The people who should get the failing

marks are the adults, not the students,"

said Assemblywoman Jackie Goldberg, (D-

Los Angeles), a former teacher. Senator

John Vasconcellos (D-San Jose) and

Assemblywoman Virginia Strom-Martin

(D-Santa Rosa) joined Goldberg to launch

"state accountability day" at the coalition's

news conference.

Currently, students of color, immi-

grants and low-income students are much

more likely than their white, middle-class

counterparts to attend schools with

untrained teachers, inadequate textbooks,

and unsafe, filthy, and overcrowded facili-

ties. Schools with high concentrations of

poverty and high numbers of English learn-

ers -the same schools that have majority

student of color populations - are twelve

times more likely to have uncredentialed

teachers, according to a recent Harris poll.

Such inequities are the subject of a pend-

ing class action lawsuit, Williams v. State

of California, in which ACLU-NC is co- +

counsel.

These inequities also likely con-

tributed to the disproportionately high

failure rates of low-income, English-learn-

er, African American, Latino, Native and

Pacific Islander students during the first

administration of the HSEE. "We attend

TAKE ACTION

TO PROTECT EDUCATIONAL RIGHTS!

rite the State Board of Education and ask them to suspend implementation of

the HSEE until the state provides all our kids a quality education. Visit

www.aclunc.org/takeaction.html for a sample letter.

SSPE RERSHEEERS SSS SE SSHSHSPRRHREEREHS EHS SRE SSSR EEEE REESE ES

Connerly Initiative...

Continued from page 6

signatures because he wanted to buy time,

forcing the signature verification process _

that would push the initiative on to the

March 2004 ballot.

"If he really did this deliberately, |

Connerly is thumbing his nose at voters

and playing a costly game in the midst of a

budget crisis," said Maria Blanco, National

Senior Counsel for the Mexican American

Legal Defense and Education Fund

(MALDEF). "First he refuses to disclose

the source of the money for his campaign,

and then he sticks Californians with the

price for his political gamesmanship."

In related news, on July 9th, the

Women League of Voters of California,

Common Cause and other public interest

groups filed a complaint with California's

Fair Political Practices Commission, argu-

ing that Californians have a right to know

the sources of $1.5 million in contributions

to the initiative campaign. By channeling

donations through his non-profit organiza-

tion, the American Civil Rights Coalition,

Connerly has kept the identity of key back-

ers under wraps, violating three provisions

of California's Political Reform Act, accord-

ing to the groups.

To find out more about the campaign to

defeat the Connerly initiative, visit

http://www.aclunc.org/connerly_initiative/

gi

: ACLU News = SumMER 2002 = Pace 7

schools with long-term substitute teach-

ers, poor facilities and poor conditions.

_ Students shouldn't be punished for the |

| failure of the state," said Yvonne Tran, a |

student from San Jose.

As well as briefing reporters and legis-

lators on the poor state of education in the

Golden State, advocates testified before

the State Board of Education. "If you want

to motivate students, give us good teach-

ers," said Eric Avalos, a student with Youth

Organizing Communities in San Diego.

Calling the HSEE "a sophisticated form of |

racial profiling," San Francisco Unified

School District (SFUSD) Commissioner

Eric Mar urged the State Board to follow -

the lead of SFUSD and the Los Angles

Unified School District. Both districts

recently resolved to investigate alternative

assessment tools to high-stakes tests.

Participants left Sacramento with a |

sense of hope that opposition to the HSEE

will continue to build. The day set in

motion a multiyear campaign for educa-

_ tional equity led by the Californians for- |

. Justice, the Community Coalition, Public -|

Advocates, Justice Matters Institute, and

the ACLU-NC's Racial Justice Project.

Student

Demands

YJ /cent are calling on the state to delay

implementation of the HSEE until

it provides:

e Arigorous curriculum with access to

the A-G requirement classes that are

necessary to apply to a state univer-

sity

e Adequate instructional materials

and textbooks

e A safe, sanitary, and healthy school

learning environment

e Experienced and ~ credentialed

teachers who receive strong support

and learning

e Comprehensive programs for sup- ;

porting English Learner students

e Fair and effective discipline policies

that use suspension and expulsion

only as a last resort.

REESE ESHHH SSS THRE HEHEHE ESSERE SES EHEC HRP HRREE HEE EE

Victory in Voting

Rights Case

alifornia voters won crucial protec-

C tions for their rights when a consent

decree brought to a close Common

Cause v. Jones in May.

2006, too late for the Presidential elections 0x00B0

in 2004. When the ACLU challenged the

In the case, the ACLU and co-counsel. |

challenged the use of antiquated punch-

card voting machines in nine California

counties. The suit charged that the use of

the error-prone machines, which brought

_ the country to a virtual standstill after the

2000 Presidential elections, violated the

Equal Protection Clause, as well as the

Voting Rights Act because the counties

that use them have high minority popula-

tions. :

Secretary of State Bill Jones agreed to

decertify the machines - but in January

timing, a federal court in Los Angeles

agreed. The two sides then entered into a

consent decree that will protect the rights

of. voters in Alameda, Los Angeles,

Mendocino, San Diego, Shasta, Solano,

Sacramento, San Bernardino and Santa

Clara counties in time for the elections of

2004.

The case was filed by ACLU of

Northern California, ACLU of Southern

California; ACLU of San Diego and

Imperial Counties; Munger, Tolles and Olson;

Altshuler, Berzon, Nussbaum, Rubin and

Demaine; and Heller, Ehrman, White and

McAuliffe.

Sign up for the ACLU-NC action network

lake tax-deductible donations online!

Chapter activist David Carducci

BY MariA ARCHULETA

INTERIM FIELD DIRECTOR

struggles that galvanized my com-

mitment to civil liberties," said

David Carducci, B.A.R.K. (Berkeley,

Albany, Richmond, Kensington) Chapter

Field Representative. "I just feel that peo-

ple should be treated with fairness, and |

want to fight for that ideal. The ACLU is

the organization that does that."

Two years ago, Carducci found a way

to fight for his ideal when he joined the

B.A.R.K. Chapter. He and his Chapter

have worked on a wide range of civil

rights issues including actively monitor-

img Berkeleys = Police Practices

Commission to ensure more citizen

friendly responses to complaints about

law enforcement; successfully advocat-

ing for the passage of a City of Berkeley

c | don't have a great story about life

Chapter Meetings

Contact the Chapter activist listed for your area.)

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

Kensington) Chapter Meeting: Meet the third

Wednesday of each month at 7p.m. at the Vege House

restaurant in Berkeley (2042 University Avenue at

Shattuck). For more information, contact Jim Hausken:

(510) 558-0377. :

Lesbian, Gay, Bisexual and Transgender

Chapter Meeting: Contact Roy Bateman (415-621-

7995) if you are interested in reinvigorating this chapter.

Marin County Chapter Meeting: Meet on the

third Monday of each month at 7:30 p.m. Currently

meeting at the West End Cafe, 1131 Fourth Street in

(Chapter meetings are open to all interested members.

David Carducci

B.A.R.K. Chapter

ordinance that permits the cultiva-

tion of marijuana for medicinal

use; supporting legislation in favor

of Death with Dignity; and main-

taining a civil rights hotline. In

addition, whenever the opportuni-

ty arises, Carducci and the Chapter

are out in the community tabling at

local events and street fairs to

recruit new. members and talk to

the public about civil rights issues.

For the past year, Carducci has

also represented his Chapter on the

ACLU-NC's Field Committee and

Board of Directors. Since January, he

has served on the ACLU-NC Legal

Committee. Although Carducci is a

relative newcomer to the ACLU, he is

no stranger to fighting for people's

rights. For the last several years, he

has been a staff attorney.at Bay Area

Legal Aid, the largest local provider of

free civil legal services for low-income

people. He specializes in housing dis-

crimination cases and usually represents

people with disabilities.

" like for there to be a level playing

field," said Carducci. "That's why I like

representing disabled people. We step in

and make it a fair fight."

The ACLU-NC's Legal Committee ben-

efits from Carducci's professional exper-

tise. Robert Capistrano, who serves with

Carducci on the committee, said: "Dave is

very knowledgeable about discrimination

be it on the basis of disability, race, family

status, composition or national origin.

He also has a great deal of experience

with clients who are actually affected by

ACLU cases." Like Carducci, Capistrano

also works for Bay Area Legal Aid.

"Dave is quick to volunteer for pro-

jects, and he really goes out of his way to

help people get work done," said Chapter

member, Philip Mehas. "He's a great asset

to our Chapter and to the ACLU." @

Hold the Date!

| evil of earl k NT eater

Pectiec a econ aay er]

2:00-5:00 PM -

The Argent Hotel, San Francisco

San Rafael. Contact Coleman Persily for more intor- |

mation: (415) 479-1731. Or call the Marin Chapter

complaint hotline at (415) 456-0137. |

Mid-Peninsula Chapter Meeting: Meet the third

Saturday of the month. Contact Harry Anisgard for more

information: (650) 856-9186. . |

Monterey County Chapter Meeting: Meet the

third Tuesday of the month at 7:15 p.m. at the Monterey

Public Library. Contact Matt Friday: (831) 899-2263.

Or to report a civil liberties concern, call Monterey's com-

plaint line: (831) 622-9894.

North Peninsula (San Mateo area) Chapter

Meeting: Meetings usually held at 7:30 on the

third Monday of each month, at the downstairs con-

ference room at 700 Laurel Street (off Fifth Avenue).

Contact Linda Martorana: (650) 697-5685.

ACLU News = Sumner 2002 = Pace 8

Gay Pride Parade

sornscnanen

GiG1 PANDIAN

Paul Robeson (Oakland) Chapter Meeting:

Usually meet the fourth Monday of each month at the

Rockridge library. Contact Louise Rothman-Riemer:

(510) 596-2580.

Redwood (Humboldt County) Chapter

Meeting: Meet the third Tuesday of each month at 7

p.m. at the Redwood Peace and Justice Center in Arcata.

Please contact Roger Zoss: rzoss@mymailstation.com or

(707) 786-4942. Or call the Redwood Chapter of the

ACLU:(707) 444-6595 or visit www.acluredwood.org

San Francisco Chapter Meeting: Meet the third

Tuesday of each. month at 6:45 p.m. at the ACLU-NC

office (1663 Mission Street, Suite 460). Call the

Chapter hotline: (415) 979-6699.

Santa Clara Valley Chapter Meeting: Otten

meet the first Tuesday of every month at 1051 Morse

e ACLU of Northern California

marched proudly in the annual

San Francisco Gay Pride Parade

that took place on June 30th. The

_theme of the ACLU's group was

"Freedom to Marry," with many of

the marchers dressed in wedding

attire. The ACLU-NC is part of the

coalition fighting to win the free-

dom to marry for all Californians

regardless of gender or sexual ori-

entation. While domestic partner-

ships and civil unions provide

important protections to same-

sex couples, they are not equal to

marriage. Neither domestic

parinerships nor civil unions

are recognized by the federal

government, so more than 1,000

laws that apply to married cou-

ples do not apply to same-sex

couples.

Learn more about the coali-

tion and find out what how

you can help win the freedom

to marry! (www.civilmar-

riage.org/)

Street (at Newhall) in San Jose. To confirm meeting

schedule, contact Sam Freund: acluscv@hotmail.com.

Santa Cruz County Chapter Meeting: Usually

meet the third Thursday of each month at 7 p.m., but

this may change so please contact Marge Frantz:

(831) 471-0810.

Sonoma County Chapter Meeting: Usually

meet the third Tuesday of each month, at 7 p.m. at

the Peace and Justice Center, located at 467

Sebastopol Avenue (east of 101). Call the Sonoma

hotline for more information: (707) 765-5005.

Chapters Reorganizing

Yolo County Chapter: If you are an ACLU member

in the Davis area, and are interested in reviving this

chapter, please call Natalie Wormeli: (530) 756-

1900.