vol. 72, no. 1

AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA

BECAUSE

a erat

BREE DOM

hews

PReo TEC Lis ble

VOLUME LXXII ISSUE 1

A CAUSE FOR CELEBRATION

Nane Alejandrez of the National Coalition of Barrios

Unidos (left) enjoys the festivities next to Harry Belafonte,

who received the Chief Justice Earl Warren Civil Liberties

Award at the ACLU-NC's 34th annual Bill of Rights Day.

aati Paar 1 eae Te !

Oh edad ee a ie

By Elaine Elinson

THE BILL OF RIGHTS

he air crackled with excitement on Dec. 9, as an overflow crowd

filled the hall at the St. Francis Hotel in San Francisco to celebrate

the ACLU of Northern California's 34th annual Bill of Rights Day.

Many civil rights veterans-and today's youth activists-were in the

audience, anxious to hear from the recipient of the 2007 Chief Justice

Earl Warren Civil Liberties Award, Harry Belafonte.

But even before the renowned singer and civil rights

leader took the stage, ACLU members and supporters were

exhilarated to hear from Executive Director Maya Harris of

the victories the affiliate has achieved this year. Harris relayed

that the courage of our convictions has resulted in a landmark

settlement on behalf of Native-American schoolchildren in the

tiny mountain town of Bishop, Calif.; a victory for the free

speech rights of middle school students in Napa; and a series

of promising challenges against abuses of power by the Bush

Administration, including warrantless spying on Americans

and secret flights that end in torture.

The audience was regaled with well-timed political zingers

from Master of Ceremonies and National ACLU Board rep-

resentative Aundre Herron, who also offered her rendition of

"Day-O." ACLU-NC Board Chair Quinn Delaney presented

the Dick Criley Activism Award to the Monterey County

Chapter, calling the group a "model of vigilant and forceful

civil rights advocacy on a local level."

CONTINUED ON PAGE 6

SETTLEMENT STOPS ABUSE OF

NATIVE-AMERICAN STUDENTS

By Rachel Swain

hristine Wilson knew something was wrong at Home Street Middle

School in the Bishop Union Elementary School District. In this

small town of 3,500, which borders the Bishop Paiute Reservation

and sits 130 miles southeast of Yosemite, Wilson was sure that Native-

American students like her own four children were being singled out

for excessive punishment.

She was particularly concerned about the tactics of the po-

lice officer assigned to patrol the school, a School Resource

Officer (SRO).

"T talked to adults, I talked to staff, I went to see the SRO

and told him his tactics weren't working, but I wasn't getting

WELCOME TO THE ACLU NEWS.

anywhere," said Wilson. "They said `we don't have bias, we

don't have a problem."

But even Wilson was shocked when the ACLU exposed the

scale of a problem that was all too real. For every year between

2000 and 2006, Native-American students were disciplined

CONTINUED ON PAGE 5

_ LETTER FROM THE (c)

EXECUTIVE DIRECTOR

Dear Friends,

A swe welcome this _

New Year, | cant

help thinking about

that traditional image _

_ of the pudgy cartoon

_ baby, draped with the oS

"Welcome 2008" ban-

ner and that sassy look

of daring and antici

youth

well. Our Lola

y Award winner, col-

wage-Sangwan, expressed her

he ACLU, but also encour-

r stands, especially on

ibwe thrilling to

arren honoree Harry

efforts to bring together

no, Native ican, Asian

2 | ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF

LAWYERS COUNCIL CIVIL LIBERTIES BRIEFING LUNCHEON

embers of the Lawyers Council steering committee gathered at Boulevard Restaurant on Nov. 14

for the 2007 Civil Liberties Briefing Luncheon, an annual gathering attended by attorneys who

play a significant role in raising funds to support the legal work of the ACLU-NC. The luncheon marks

the launch of an intensive fund-raising campaign in which teams of dedicated and perseverant lawyers

appeal to their peers to contribute to the defense of civil liberties and fundamental rights. The luncheon

is also an opportunity for ACLU-NC staff attorneys to review historic ACLU cases and introduce emerg-

ing civil liberties issues.

So

rene.

PHOTOS BY JEFF VESSELS

Left to right: Francisco Lobaco, ACLU California Affiliates Legislative Director and Donna

Brorby, former ACLU-NC Board member; Sandy Holmes, ACLU-NC Senior Development

Associate, Steve Vettel, Lawyers Council Co-chair, and Ruth Borenstein, Lawyers Council

executive committee member; guest speaker Lucas Guttentag, Director of the National

ACLU Immigrants' Rights Project.

For more information about the Lawyers Council, please contact Sandy Holmes at sholmes@aclunc.org.

NEW STAFF AT THE ACLU-NC

ACLU-NC's new Communications Director, Laura

Saponara, brings 10 years experience as a strategic com-

munications consultant, trainer, and writer for nonprofit

organizations, labor unions, and philanthropic founda-

tions, including the Women's Foundation of California,

the SPIN Project, and the American Federation of State,

County and Municipal Employees. Prior to joining our

staff, Laura worked on a national project, funded by the

Ford Foundation, focused on amplifying the voices of

grassroots activists, policy advocates, and legal scholars

who work to transform the media landscape in the in-

terests of diversity and democracy. She holds a masters

degree in media studies from the University of Texas in

Austin and has taught at UC Davis. Laura has worked

on human rights projects in Mexico City, El Salvador,

and Puerto Rico.

Prior to becoming our new Racial Justice Project Direc-

tor, Diana Tate was a staff attorney with the Lawyers'

Committee for Civil Rights, leading its African Ameri-

can Agenda Project and supervising the Legal Services

Clinic and Education Equity Project. Her practice in-

cluded litigating race discrimination cases and providing

legal counsel to community groups advocating for racial

equality and social justice. While at the Lawyers' Com-

mittee, she also collaborated with the ACLU-NC on

various cases, including opposing San Francisco's gang

injunctions and supporting the Berkeley Unified School

District's integration plan. Tate earned her Juris Doctor-

ate at Georgetown University Law Center, and began

her legal career as a media and litigation associate at the

law firm of Davis Wright Tremaine, LLP.

BOARD ELECTION

RESULTS

CONGRATULATIONS TO ACLU-NC'S NEW BOARD MEMBERS

Welcome to new Board members Farah Brelvi, Christy

Chandler, and Clara Shin, who were recently elected by

the general membership. Incumbent Board members

Cherri Allison, Karen Carrera, Lisa Honig, Goodwin

Liu, Enrique Ramirez, Marsha Rosenbaum, and Ken

Sugarman were re-elected for a second term. We thank

outgoing at-large Board members Bob Capistrano, Susan

Freiwald, and Guy Wallace for their valuable contribu-

tions to our work and mission.

NEW OFFICERS AND EXECUTIVE COMMITTEE MEMBERS

At its meeting on Dec. 13, 2007, the ACLU-NC Board

of Directors elected Ron Tyler as its new Chair. Outgo-

ing Chair Quinn Delaney was installed as the new De-

velopment Committee Chair, and Linda Lye was elected

Legal Committee Chair. Incumbent officers Lisa Honig

and Nancy Pemberton will continue in their posts as

Legislative Committee Chair and Secretary/Treasurer

respectively. No new members were elected to the Execu-

tive Committee.

Correction: In the Summer 2007 edition of ACLU News,

we featured a photograph of Lorrain Taylor, whose twin

sons Albade and Obadiah were murdered, and who now

runs a support group for victims of violent crime and is a

member of California Crime Victims for Alternatives to

the Death Penalty. In the caption, we incorrectly iden-

tified Taylor as LaShai Hickman. The editor of ACLU

News sincerely regrets this error.

ACLUnews

THE QUARTERLY PUBLICATION OF THE

AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA

Membership ($20 and up) includes a subscription to the

ACLU News. For membership information call

(415) 621-2493 or visit www.aclunc.org

Ron Tyler CHAIR

Maya Harris EXECUTIVE DIRECTOR

Laura Saponara EDITOR

Gigi Pandian DESIGNER AND

PRODUCTION MANAGER

39 Drumm Street, San Francisco, CA 94111

(415) 621-2493

for the ACLU, but also some _ /

notable disappointments, par ff

ae in the area of criminal -

"Fir ] good news: Con _

eee eS signed

equity, civil ee: reproductive

rights, and immigrants rights.

Public school students

throughout California will be

able to make more informed

_ choices about college and career

opportunities because of SB

405, a bill sponsored by the

ACLU and authored by Sen.

Darrell Steinberg (D-Sacra-

mento).

`The measure ensures that

_ middle and high school counsel-

_ ofs provide individualized review of students career goals,

and inform them of college eligibility requirements and

_ eareer technical education options in their schools.

_ An astonishing number of kids in our public schools-

especially students of color, low-income students, and

English-language learners-lack even this basic informa-

tion about opportunities to help them succeed in life after

graduating from high school. SB 405 helps to level the

playing field.

After vetoing a similar bill in 2006, Gov. Schwarzeneg-

_ger signed AB 629 into law in 2007. The bill, sponsored

_ by the ACLU and authored by Assemblywoman Julia

Brownley (D-Santa Monica), establishes standards for

state-funded, community-based pregnancy prevention

programs in California. Specifically, it ensures that these

`programs are medically accurate and objective, age-ap-

DONATE YOUR VEHICLE

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Is that truck, RV, boat, or trailer just taking

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THE ACLU FOUNDATION OF NORTH-

ERN CALIFORNIA HAS THE SOLUTION!

We have teamed up with Car Program LLC,

a company that specializes in processing vehicle

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(running or not), handle title transfer, sell the

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a portion of the net proceeds on to the ACLU

Foundation of Northern California.

You get a tax deduction, avoid the headache

of selling a used vehicle, and enable the ACLU

Foundation to expand our commitment to pro-

tecting civil liberties.

When you're ready to donate, if you have rela-

tives or friends with vehicles to donate, or if you

have any questions, simply contact Denise Mock at

(415) 621-2493 x334 or dmock@aclunc.org. @

governor |

nal conv

SACRAMENTO REPORT

propriate, culturally and linguistically appropriate, and

taught by knowledgeable instructors.

With the enactment of AB 102, also sponsored by

the ACLU and authored by Assemblywoman Fiona Ma

(D-San Francisco), state government agencies and of-

ficials must respect the family name choices of married

couples and domestic partners and reject the antiquated

custom of only recording a woman's change in name

after marriage.

AB 102 was a direct response to an ACLU of South-

ern California case in which a young man was denied the

ability to take his wife's last name upon marriage without

officially petitioning to change his name in the courts. The

bill codifies name change rights upon marriage for both

men and women and extends these same options to same-

sex domestic partners.

California became the first state in the country to ex-

pressly preclude anti-immigrant housing ordinances by

local governments, with the governor's signing of AB 976.

`The bill, by Assemblyman Chuck Calderon (D-Whittier),

was a collaborative effort between apartment owners and

major housing and immigrants' rights advocates to turn

back the tide of anti-immigrant sentiment sweeping com-

munities around the nation. The ACLU has led efforts

to fight such ordinances through litigation around the

country.

We helped broker a bill that garnered broad-based

support from business and civil rights communities and

offered meaningful protection from discrimination for

_immigrants. Specifically, the new law prohibits local cities

and counties from enacting ordinances requiring landlords

to check the i immigration or citizenship status of their ten-_

ants. It also prohibits ado from. doing Us on their

own accord. . r- =

Now, the bad news, For the second ear ina row, de oT

etoed a trio of bills to combat oe au _

/ SB 511, by Sen. E

Ebine Mand (DSan i would

required the electronic recording of police inter-

| _-sfogations in homicide and serious felony cases. SB 609, |

by ot Gloria Romeo (D-Los_ oe would have -

to `end marriage discrimination

/ against same-sex couples in Cle

| fornia. First passed by the state

| legislature in 2005, the bill was

_ approved once again by state law- -

makersin200/7. : :

_ A few ACLU sponsored bills did

_ not make ir to the governor's desk

again in 2008. These include AB

1648, by Assemblman Leno, and

`SB 1019, by Sen. Romero, two.

`measures to restore public access to

police misconduct records, follow-

ing the devastating state Supreme

Court decision in Copley Press v.

Superior Court. SB 30, by Sen.

Joe Simitian (D-Palo Alto) would

establish privacy safeguards before

frequency _ identification

(RFID) tags can be placed in gov-

ernment-issued personal identity

documents.

LOOKING AHEAD

WW embark on the second half of the 2007-08 leg-

islative session knowing that those issues deemed

controversial last year will probably face even more

radio

daunting odds in 2008, a hotly contested presidential

election year, with voters going to the ballot box state-

wide an extraordinary three times-in February, June,

and November.

Election years traditionally make lawmakers more cau- _

tious, and that rarely bodes well for the courageous stands

we often ask them to take, whether it be on reforming the

criminal justice system or making positive social change,

like marriage equality. .

`The outlook for meaningful policy reform in 2008 .

looks even bleaker as the state faces an economic dow

turn and the budget deficit soars upwards of $14 billio Co

`The porcine! has announced his intention to call a a "fisc

emergency' at the start of the new year. _

Under authority given to him o us. voters when

budget's signing, leo the

pass a bill ne ag fae pele.

ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF | 3

SCORES OF CIVIL RIGHTS GROUPS ASK CA SUPREME

COURT TO ALLOW SAME SEX COUPLES TO MARRY

n unprecedented array of civil rights and religious groups, municipal governments and legal schol-

ars joined forces in the fall months of 2007 to file amicus briefs arguing that the law that prevents

same-sex couples from marrying is unconstitutional. Many of the arguments draw on legal prec-

edents achieved during the Civil Rights Movement, and on the First Amendment principle of separation

between church and state.

Writing for the California State Conference of the NAACP,

longtime civil rights advocate Jon B. Eisenberg asked the Court

to apply its 1948 decision ending laws that banned interracial

marriage. The Howard University School of Law Civil Rights

Clinic cited similarities between past defenses of laws against

interracial marriage and current arguments against marriage

for same-sex couples. More

than 60 Asian Pacific Is-

lander

groups recounted

anti-miscegenation laws

against their communities

in California.

In another brief, the Mex-

ican American Legal De-

fense and Education Fund,

the National Black Justice

Coalition, and numerous

other civil rights organiza-

tions argued that California

courts should subject laws

that discriminate on the

basis of sexual orientation to

the strictest level of constitu-

tional review.

More than 60 Asian Pacific Islander groups, including the

National Asian Pacific American Bar Association, joined an

additional brief describing the long history of discrimination

against API communities with regard to marriage in California.

uallics and .

- ae Unifi ed Schoo!

n December settled : a ant a Redwood :

Marvin Burrows (left) and the late Bill Swenor walk

out of San Francisco City Hall after their marriage in

2004, the year Mayor Gavin Newsom authorized the

issuance of marriage licenses to same-sex couples.

Amicus briefs were filed in several cases consolidated under

the title In re Marriage Cases. The plaintiffs are 15 same-sex

couples and two nonprofit organizations, Equality California

and Our Family Coalition. The couples come from throughout

the state and from all walks of life. Many are raising children

together.

`The City of San Francisco is also a plaintiff in the consolidat-

ed cases. At least 19 California cities and counties-including

Sacramento, Los Angeles, Long Beach, San Diego, Oakland,

LEGAL BRIEFS

STATE SUPREME a TO REVIEW 4 AgERS PAT- DOWNS

Caiomus `Supreme Court has agreed to review a

"pat-down" searches of ticket-holders entering Monster

oo Park for football games. The National Football League -

_ ordered the searches at all games as an anti- terrorism

af measure s starting in 2005.

hr lawsuit was filed by the ACLU-NC i in 2005 on |

behalf ort two 49ers fans, Daniel and `Kathleen Sheehan

flight planning and logistical supp.

oa enon ae The | U. 8

civil rights challenge against the San Francisco 49ers for _

and San Jose-have filed briefs in support of San Francisco's

position.

Since the case was originally filed, more than 400 religious

groups and clergy have argued that religious freedom and sepa-

ration of church and state require equal access to civil marriage

for same-sex couples. Among the chorus in the most recent

round of amicus briefs are the Unitarian Universalist Associa-

tion of Congregations, General Synod of the United Church

of Christ, Union for Reform Judaism, the Buddhist organiza-

tion Soka Gakkai International-USA, Universal Fellowship of

Metropolitan Community Churches, and California Council

of Churches.

The couples, Equality California, and Our Family Coalition

will be represented at oral arguments on March 4 by Shan-

non Price Minter, Legal Director of the National Center for

Lesbian Rights, which is serving as co-counsel with Lambda

Legal, the American Civil Liberties Union, Heller Ehrman

LLP and the Law Office of David C. Codell.

For updates on the March 4 hearing and to see video

clips of some of the couples whose immovable commitment

is forging this historic shift, visit the ACLU-NC website:

www.aclunc.org. @

A complete list of the organizations and legislators that filed

amicus briefs arguing for the right of same-sex couples to marry

is available at: http://www.aclunc.org/docs/LGBT/Amici_in_

Support_--_In_re_Marriage_Cases.pdf

Our lawsuic charges tha Jeppes nk

4 | ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF

NEW SETTLEMENT WILL SAFEGUARD

STUDENTS' CIVIL RIGHTS

at more than double their percentage in the population-a

much higher rate than their peers. During the same period,

Paiute children constituted 17 percent of the student body,

but 67 percent of those suspended for being "disrespectful or

argumentative."

Now, thanks to a landmark out-of-court settlement with the

ACLU-NC, the Bishop Union Elementary School District is

working to remedy the situation with a comprehensive plan that

includes staff training, student development, statistical report-

ing, and the removal of the SRO from the district's schools.

It was a simple bandana that brought the simmering ten-

sions to a boil. On Oct. 11, 2005, the SRO demanded that

Thomas, an eighth-grader, hand over the bandana he was

wearing, citing the school's dress code. Thomas put the scarf

in his pocket but refused to give it to the SRO because it was

his grandmother's.

That's when the SRO handcuffed Thomas and threw him

to the ground.

At the time of the incident, five students who were near

Thomas on the playground began shouting that the treatment

wasnt right. Four of the students were Native American and

one was white. The white student asked the SRO why he was

singling out the Native-American children. The SRO respond-

ed by throwing her to the ground as well.

Soon, the SRO had also forced a handful of other students,

including Wilson's 12-year-old daughter, to the ground. One

child briefly lost consciousness.

After school administrators dispersed the crowd, they

slapped immediate suspensions on all the students involved.

The school didn't conduct an investigation and didn't re-

spond to inquiries from parents who are members of the

Paiute Tribe.

"They hoped it would just go away," said Wilson.

Determined to expose the incident and draw attention to

the school's complicity, Wilson contacted the ACLU-NC.

`The ensuing investigation, conducted by the ACLU and

cooperating attorneys at Morgan, Lewis and Bockius LLP, un-

covered a deeply troubling trend.

"The Oct. 11 incident was not isolated," said Jory Steele,

Managing Attorney of the ACLU-NC. "It was simply the most

recent incident in a long, troubling history of harsh disciplin-

ary treatment against Native-American students by school of-

ficials." Among the findings:

# From 2000 to 2006, suspension of Native-American

students occurred disproportionately for discretionary

offenses like "defiance," in comparison with concrete of-

fenses such as carrying a weapon.

@ From 2002 to 2003, Na-

tive-American students

were approximately 16

percent of the popula-

tion yet incurred almost

43 percent of the suspen-

sions and expulsions.

@ From 2002 to 2003, the

only sixth-graders sus-

pended at Home Street

Middle School were Na-

tive American.

Research by Russell Skiba,

Professor of Counseling and

Educational Psychology at

Indiana University, reveals

that when researchers mea-

sure which students are dis-

ciplined at schools and how,

racial bias is prevalent.

"This case is reminiscent

of patterns throughout the

country for children of color,

especially African Americans,"

explained Skiba, adding that

JUNIPER LESNIK

to date, few researchers have

examined the disproportion-

ate discipline of Native-American children. The data collected

by the ACLU is extremely useful, says Skiba, because it will

serve as a baseline for measuring improvements in the future.

The ACLU-NC also alleged that the school district vio-

lated the California Education Code by suspending students

for minor transgressions like chewing gum, which is not a

suspendable offense in any case, and that it violated the U.S.

and California Constitutions and the Civil Rights Act by ac-

knowledging the pattern of disparate treatment but failing to

address it.

As a result of its punitive approach, the district experienced

unusually high attrition rates. In 2006, half of Native-Ameri-

can sixth-graders and close to a quarter of eighth-graders were

in continuation school. Statistics show that continuation

schools are in many cases an educational dead end for youth,

since many drop out before graduating or graduate without

the classes necessary to go to college.

Faced with this data, the district's new Superintendent,

Barry Simpson, was keen to resolve the issue without litiga-

tion. On Sept.12, 2007, the Bishop Union Elementary School

Bishop, California.

CONTINUED FROM PAGE 1

District signed a far-reaching settlement with the ACLU-NC,

enforceable in the courts until 2012. The settlement includes

the following directives:

B Removal of the SRO from all the district' schools;

= Staff Development. The district will implement a profes-

sional development program, including instruction on

the anti-discrimination and harassment policies, methods

for increasing respect for different cultures and Native-

American cultures in particular, and implementing cul-

turally appropriate curriculum;

m Student Development. Each school will provide new

instruction for students designed to facilitate their un-

derstanding of and respect for students from all cultural

backgrounds, and to integrate conflict resolution into

students' daily lives;

@ Statistical Reporting and Evaluation. The district will

monitor the schools' record keeping to ensure that data

is recorded and maintained regarding school discipline,

including information about the race and grade level of

students who are disciplined. The district will also be re-

quired to keep a written record of complaints of physical

and verbal harassment or discrimination of students.

w Expungement of Records. The district will clear improper

suspensions from students' records.

"I'm pleased to be part of a settlement agreement that cre-

ates a positive result for the students in our school district,"

said Simpson. "Resources that would have been expended in

litigation can now go to building programs that will ensure

a safe learning environ-

"" ment for all students."

IS CASE IS Attorneys for the fam-

MINISCENT ilies praised Simpson's

constructive approach.

"The entire community

R of Bishop will benefit

from his commitment,"

L said Nicole Diller, an

attorney with Morgan

Lewis.

As for Wilson, she

is cautiously optimistic

that she will be able to

raise her youngest kids

~Russell Skiba, Professor

of Counseling and

Educational Psychology

at Indiana University

in a district that is safer

and more equitable.

"T've already felt the

atmosphere change,"

she said. "I'll wait and see, but

I'm hopeful that the statistics

will look more positive for our

kids, not just for discipline but

for education as well."

Reflecting on progress he has

seen among schools in Indiana,

Skiba emphasizes that the pres-

ence of a new superintendent

in Bishop-one who has already

demonstrated a willingness to

engage in dialogue--may prove

promising.

"Where there are leaders in

districts who are willing to con-

sider that that there may be con-

scious or unconscious bias that

needs be addressed and changed,

that's where we see progress,"

Skiba said. "In order to resolve

issues that involve race, we have

to be willing to directly confront

and address issues of race." 0x2122

Rachel Swain is a former

Communications Director

of the ACLU-NC.

ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF | 5

WALKING A PATH TO JUSTICE:

HARRY BELAFONTE ON CELEBRITY, TENACITY AND CIVIL RIGHTS

t is not an easy thing to interview one's childhood idol. The first record my Dad ever brought

us was Harry Belafonte's-and we memorized every word. It's even more challenging when that

~ childhood idol remains an idol way into adulthood. Not as much for the singing, although those

calypso songs continued to be a soundtrack for our lives, but for his courage and tenacity in fighting

for social and racial justice. The person who as Henry Louis Gates observed, "was radical long before

it was chic, and remained so long after it wasn't." With a warmth like "the sun shining daily on the

mountain top," and a penetrating insight gleaned from a lifetime as a progressive black performer

and activist, Belafonte shared his views on the civil rights movement, internationalism, and what

can be done to give voice to the struggles of today's youth.

-Elaine Elinson

Ebune Ebinvors You have inspired so many people

both with your art and your political work. Who inspired

you?

t furry Belafecte: The real influences on my life

growing up were Paul Robeson and Dr. [W.E.B.] Du Bois.

I served in the United States Navy as a munitions loader

during World War II, and when I came out of the Navy,

I decided to try my hand at theater. We did a play at the

American Negro Theater, an adaptation of Sean O'Casey's

"Juno and the Paycock," about the Irish Rebellion. It was

a small theater in the basement of the Schomburg Library,

the audience was no more than 60. But the cast had Sidney

Poitier, Ossie Davis, and Ruby Dee-we were all young-

sters.

Early on, Paul Robeson came. We were stunned. Afterwards

he came to talk to us; he was very generous. After meeting

him, I became more politically engaged with labor unions

and the black institutions that were just forming.

I met W.E.B. Du Bois through Mr. Robeson. When he ran

for the Senate [in 1950] I was one of his base supporters

and organizers. When Mr. Du Bois was arrested [on charg-

es of being an unregistered foreign agent, because he sent

a petition opposing military intervention in Korea], they

put him in chains down in Foley Square in New York for

treason and sedition. I had a lot of passion for the political

work that I did, but after working with Du Bois, I became

relentless in my commitment to confronting the system.

Ce hae U.S., artists who participate in political

struggles are often criticized for doing so-has this hap-

pened to you?

4ff : I went to the New School and studied theater under

a great director who had fled the Nazis. My classmates were

Walter Matthau, Marlon Brando, Rod Steiger, Bea Arthur.

We were introduced to Sartre, Brecht...

But when I completed my course of studies, I couldn't find

work as an actor-so I had to get involved with singing.

I opened at the Village Vanguard in New York. Robeson

came and told me something that became very central to

my life. He said, "Get them to sing your song, and they'll

want to know who you are."

That was very prophetic. When the "Banana Boat Song"

hit some years later, it had a huge global reach -- even with-

out the technology we have today. People talked about it

as the first album to sell a million copies, but what really

attracted me was the fact that the whole world was singing

it-and that constituency would become very important in

my social and political engagement.

ee you have a sense of that at the time?

42: Yes, because of Paul Robeson. He was a great role

model. The whole world sang his song. He spoke fluently

14 languages: Russian, Chinese, Swahili, French, and Ital-

ian...

At that time, McCarthyism had blacklisted a number of

us. People know the story of what happened to the Hol-

lywood Ten, but very few people know what a lot of black

artists went through. We were already on the low end of

the employment scale, so the House Un-American Activi-

ties Committee and these vigilante groups required that we

mobilize and organize.

Se During the civil rights movement, you fought

against red-baiting and warned leaders not to succumb to

political smears against Bayard Rustin and Stanley Levin-

son. Why?

42: That was from Paul Robeson, too. We had black

men that fought against fascism in Spain in the Lincoln

Brigade, and in the Second World War, with expeditionary

forces from Africa and the Caribbean on the side of the

allies-fighting for democracy and ending racism.

At the end of the war, we came back with expectations that

the Post-War period would be very much different for black

people and people of color.

But everybody went back to business as usual.

So all over the world people of color rose up, not just in the

United States, but Vietnam, Africa, China. I did fundrais-

ing in support of the African liberation movements. I even-

tually hooked up with Mandela; I brought African singers

to the United States, including Miriam Makeba and Hugh

Masekela-put him through Manhattan School of Music.

There was a global kind of canvas on which we all were

intertwined and engaged in each other's experiences.

CE You were often called on by the civil rights move-

ment to be a mediator, to bring people together when there

were conflicts that would arise over policy or tactics. Why

do people look to you for that?

43: Because they don't know any better!

I not only negotiated between the civil rights organi-

zations, that's how I came to deal with the Kennedys. I

was appointed as cultural advisor to the Peace Corps [by

President John Kennedy], but I didn't have much regard for

his brother Bobby, because of the Un-American Activities

[Bobby Kennedy served as the legal counsel for Sen. Joseph

McCarthy's Senate sub-committee on Internal Security].

But Dr. [Martin Luther] King [Jr] said we had no choice

but to engage the government. He told me: Your task will

be to work with Bobby Kennedy, to find his moral center

and win him to our cause.

Ce It seems you did help him find his moral center,

because later he became a champion of the poor, and sup-

ported Cesar Chavez and the United Farm Workers.

4: Yea, a lot of things turned him around. We all had a

big hand in it, and one could not have done it without the

other. Although I had a little inside track.

CONTINUED ON NEXT PAGE

6 | ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF

ee eerie your new effort, the Gathering for Jus-

tice, is also bringing diverse groups of people together.

43: I never imagined at age 81 I'd still be doing this.

For many years, I was distracted from things domestic be-

cause I spent a lot of time in Africa-from the independence

movements in the 60s and 70s, through the 80s when the

famine came and I put together "We are the World."

Working with the UN in Kenya, Sudan, and elsewhere, I

met child soldiers and other young victims of violence. I'll

never forget the look of terror in their eyes. In 2005, I came

back and turned on the TV and I saw a 5-year-old girl in

Florida who was arrested by three white police officers for

being unruly in class. They threw her across a desk and put

her in handcuffs. The look of terror on her face was the

same as on the faces of the African children.

I thought, "How could this happen? When did I blink?' It

really, really deeply disturbed me.

I decided to call a gathering of the elders in Atlanta. How

will we deal with this remarkable human, social, and politi-

cal tragedy?

But I was convinced after that meeting with the elders that

I was in the wrong room.

ae Why did you have that feeling?

4: Most of the elders had become comfortable in their

stations, in their notoriety. Maybe I am being a little harsh.

But I couldn't' find anybody with a rebel appetite, and yet

all of them were conceived in that.

HOTOS BY MICHAEL WOOLSEY

So I just said we have to get back to the model of what

we did during the civil rights movement. When Dr. King

spoke in Montgomery he was only 24. I was old at 26. John

Lewis, now Congressman Lewis [D-Ga.], was 17; Julian

Bond was 18. Diane Nash was 17. Almost all the recog-

nized SNCC [Student Nonviolent Coordinating Commit-

tee] leaders were in their teens then. But the campuses of

America went silent on us. The streets of America were still

alive with anger and rage-so | thought that was the best

place to start - getting back to grassroots.

We called a gathering of all the black youth organizations

and held it in Epps, Alabama, where we were hosted by

sharecroppers who spoke of their experiences in the civil

rights movement. The next meeting was in Santa Cruz with

Latino youth. After we got the black and brown youth to-

gether, we met with the indigenous people, poor whites in

Appalachia, and Asian-Americans in Southern California.

ee an you went to all these different places, had

everyone heard of you?

4S: No...their Dads and their Moms love me. I was just

something retrieved from the dustbin of history. Their first

question was, "What is the agenda?"

I said with all the history that has been at your disposal,

if you have not been able to glean some path that is more

productive than the ones you have been on, then | think

the agenda is to find the agenda.

Now the groups keep meeting locally and regionally. We are

going to have a national gathering. On April 4, 2008-the

anniversary of Dr. King's assassination-to set goals and

programs.

ae At a speech last year, you said you would like your

epitaph to read "Harry Belafonte, Patriot." What does that

word mean to you?

43: `The rightwing has co-opted the word "patriotism."

What gives them the right and the arrogance and the belief

that they're the only ones to define it?

We are the patriots. We are the ones that fight for human

rights and civil rights.

What does one do with celebrity? Because of Paul Robeson,

I realized the good fortune that came my way, and that my

task was to make my life worthy of the journey.

oS

Note: For readers who are too young to catch all of

Belafonte's references to courageous voices and vibrant

movements of prior decades, consider reading Taylor

Branch's trilogy on the history of the civil rights

movement. The books offer a deep understanding of

what it took to challenge Jim Crow, build a movement

and transform a segregated nation. The "America in the

King Years" series includes Parting the Waters: 1954-

63; Pillar of Fire: 1963-65; and At Canaan's Edge:

1965-68.

Elaine Elinson is a former ACLU News Editor. She is

the co-author, along with ACLU-NC Planned Giving

Director Stan Yogi, of a forthcoming book on the history

of civil liberties in California that will be published by

Heyday Books in 2009.

ACLU BECAUSE FREEDOM CANT PROTECT ITSELF | u

By Maya Harris

inyam Mohamed, an Ethiopian citizen and legal resi-

dent of the United Kingdom, was abducted in 2002

by masked men and flown, blindfolded, from Pakistan to

Morocco. For 18 months, Mohamed was regularly beaten

into unconsciousness by his interrogators. After a scalpel

was used to cut into his body, hot, stinging liquid was

poured into his wounds.

Mohamed is just one victim of the CIA's "extraordinary

rendition" program, which the Bush administration has de-

fended openly, yet is now arguing it cannot discuss without

endangering national security.

The government is calling for the dismissal of an ACLU

lawsuit-brought on behalf of Mohamed and four other

rendition victims-against the San Jose Boeing subsidiary

Jeppesen Dataplan Inc. for its alleged participation in the

rendition program. The Bush administration has intervened

in the case and is invoking the "state secrets" privilege to

avoid accountability for its illegal torture policies. A hear-

ing on the government's motion was held Feb. 5 in San Jose

and we are awaiting a decision.

The "state secrets" privilege has historically been used

to exclude discrete pieces of evidence from lawsuits in

order to protect national security, not to throw out entire

cases. But the Bush administration has begun to misuse

the privilege by routinely waving the "state secrets" flag

in an effort to quash lawsuits that might expose its illegal

conduct. In addition to this case, the "state secrets" claim

has been raised in an effort to throw out other torture and

illegal wiretapping suits.

Far from being a "secret," the rendition program is infa-

mous around the world and has been spoken about repeat-

edly by government officials.

During a Sept. 6, 2006, speech, President Bush ac-

knowledged that among the "thousands of terrorists"

captured by U.S. and allied forces, a "small number" had

been "transferred to an environment where they can be

held secretly, questioned by experts." Those individuals

were "held and questioned outside the United States, in

a separate program operated by the Central Intelligence

Agency," he said.

Though the administration contends that the rendi-

tion program operates within the law and that detainees

are sent to countries that the government claims will not

commit torture, the truth is that "extraordinary rendition"

involves the kidnapping and transportation of alleged ter-

ror suspects to detention and interrogation facilities in

countries where the use of torture is common and well-

documented.

Jeppesen's involvement-like the rendition program it-

self-is widely known. Jeppesen has been a main provider

of flight and logistical support services for aircraft used

by the CIA for the clandestine rendition flights. There

is ample evidence of Jeppesen's involvement, including

traceable flight plans.

COURTS MUST HOLD

TORTURERS RESPONSIBLE

In addition, Sean Belcher, a former Jeppesen employee,

has given sworn testimony that the flights were discussed

openly at Jeppesen. Belcher said that at a meeting on Aug.

11, 2006, Bob Overby, director of Jeppesen International

Trip Planning Service at Jeppesen's San Jose office, said,

"We do all the extraordinary rendition flights."

Belcher said Overby described these as "torture flights,"

adding, "let's face it, some of these flights end up this way,"

or words to that effect. Overby, Belcher said, noted that

Jeppesen was well-compensated for its efforts.

To dismiss this lawsuit before Jeppesen has even an-

swered the complaint is both unjust and premature. If there

is evidence in the case that must be withheld for national

security reasons, the judicial system is equipped to exercise

such safeguards within the context of a trial. But there is a

wealth of information already in the public domain that

should propel this lawsuit forward.

It comes down to this: We live in a country founded

on the rule of law and respect for the dignity of human

beings. A government that practices disappearance and

torture-and companies that profit from it-must be held

accountable.

The CIA's rendition program is illegal and inhumane.

It-and the lives it has destroyed-is no secret. Its victims

deserve their day in court. @

This article was first published in the Sacramento Bee,

Feb. 5, 2008.

ACLU CALLS U.

S. REPORT ON

RACISM "BLIND" TO INJUSTICE

n International Human Rights Day (Dec. 10), the

ACLU released a new national study titled "Race and

Ethnicity in America: Turning a Blind Eye to Injustice." The

study is an attempt to compensate for some of the stark omis-

sions of a U.S. government report presented last April to the

UN Committee on the Elimination of Racial Discrimination

(CERD).

The U.S. government's report to the United Nation's anti-

racism body covers only four states-Oregon, South Carolina,

New Mexico, and Illinois-and fails to provide adequate in-

formation on some of the most racially diverse states, includ-

ing California, Texas, New York, and Florida.

The ACLU's report explores a number of other significant

shortcomings in the government's report, including little

mention of the aftermath of Hurricane Katrina and a total

omission of the "school to prison pipeline" phenomenon - the

overzealous funneling of students of color out of classrooms

and into the criminal justice system. The government's report

also suffers from a complete lack of information on the dra-

matic increase in hate crimes and the escalating problem of

police brutality.

"Race and Ethnicity in America: Turning a Blind Eye to

Injustice" contains detailed statistics intended to help fill

these gaps.

In California, the report presents research about the per-

sistence of racial inequity and evidence of institutionalized

discrimination in California's educational and criminal justice

systems, and in the treatment of immigrants. Among the ex-

amples cited in the report:

= Compared with schools attended mostly by white students,

schools with a high concentration of African-American and

Latino students are 74 percent more likely to lack textbooks

for students to use for homework; 73 percent more likely

to have evidence of cockroaches, rats, or mice; and three

times more likely to report that teacher turnover is a serious

problem.

@ In California, African-Americans are given third-strike, 25-

to-life prison sentences at a rate nearly 13 times the rate

of whites. African-Americans represent 6.5 percent of the

population, but they make up 45 percent of third strikers.

m While the emergency response system was reportedly suc-

cessful in alerting Californians to the dangers of the recent

October firestorms and getting them to safety, hundreds of

reports have emerged that undocumented immigrants were

denied emergency services and shelter because they did not

provide proper

identity docu-

ments. @

Al CaM OF be

ACLU, meport

the US,

government's

report to CERD

can be found

online at: www.

on

aclune org)

docs/Racial_

Justice/CERD_

ep ort 2.0.0 7.

paf

REPORT WARNS OF INTEL FUSION

CENTERS' MISSION CREEP

Ne "fusion centers" meant to improve anti-terror-

ism intelligence-sharing among local law enforce-

ment agencies are raising alarming privacy issues, warns

a new ACLU study.

The report, What's Wrong With Fusion Centers?, ar-

gues that the centers' mission has quickly expanded to

cover not just criminal intelligence, but also public and

private sector data. This is occurring at a time when new

technology, government powers and zeal in the "war on

terrorism" are combining to threaten Americans' privacy

at an unprecedented level.

More than 40 new fusion centers have sprung up across

the country, including three in Northern California.

A key problem identified in the report is ambiguous

lines of authority-the participation of agencies from

multiple jurisdictions allows authorities to manipulate

differences in federal, state and local laws to evade ac-

countability and oversight.

Warns Nicole Ozer, ACLU-NC's Technology and

Civil Liberties Policy Director, "In a democracy, the

collection and sharing of intelligence information-es-

pecially information about American citizens and other

residents-need to be carried out with the utmost care.

That is because more and more, the amount of informa-

tion available on each one of us is enough to assemble a

very detailed portrait of our lives. And because security

agencies are moving toward using such portraits to pro-

file how `suspicious' we look."

The ACLU recommends that Congress and state leg-

islatures impose checks and balances on fusion centers;

refocus the centers' mission on effective law enforcement

techniques rather than dragnets; and evaluate their ulti-

mate effectiveness.

For more information about Fusion Centers and to read the

report, visit www.aclunc.org/tech

8 | ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF

LET FREEDOM RING,

LET CALIFORNIA RING

he ACLU of Northern California has joined the Let California

Ring campaign, a public education effort to open hearts and minds

about the freedom of lesbian, gay, bisexual, and transgender Cali-

fornians to marry and to enjoy the respect, support, protections, and

responsibilities that come with marriage.

Through groundbreaking television ads

and videos, an interactive website, and

a statewide network of volunteers and

community leaders, Let California

Ring aims to persuade California

voters, legislators, judges and the

governor that the current law is

unconstitutional and that all lov-

ing couples deserve the freedom

to marry. The Let California Ring

campaign is based on a principle that

is near and dear to ACLU members:

people should be able to have different

beliefs and still be treated fairly. If two people

want the responsibility and commitment of marriage,

it's no business of the government to tell them they can't

marry, whether they are gay or straight.

The campaign has set a goal to engage at least one million

Californians in conversations about the freedom to marry.

LETCALIFC)RNIARING.ORG

These conversations aim to open up dialogue

among people who might not normally

take a strong position in favor of same

sex marriage, and persuade them that

the right to marry is a civil right,

one that should not be hindered by

bias and discrimination.

In addition to ACLU-NC, part-

ner organizations in the Let Cali-

fornia Ring campaign include Cali-

fornia Faith for Equality, COLAGE,

Marriage Equality USA, National

Black Justice Coalition, National Center

for Lesbian Rights, National Gay and Lesbian

Task Force, PFLAG, the San Diego LGBT Community

Center, and TransEquality LA.

For more information and to view personal stories

and video clips, visit www.letcaliforniaring.org

9 WAYS TO START

CONVERSATIONS ABOUT

THE FREEDOM TO MARRY

Here are a few ways to get people thinking about

how discrimination affects those who desire to

marry.

1. Think about it-what if you were told that you

couldn't do something that was personally

and profoundly important to you? How would

that make you feel about your future plans,

your life?

2. Having the same opportunities to realize hopes

and dreams is a cornerstone of freedom.

3. Does excluding someone from marriage impact

their family's perception of their relationship?

4. Domestic partnerships don't provide the same

security as marriage. They exclude people from

marriage and create a two-tiered system at

odds with the principle of equal opportunity.

5. If two people want the responsibility and com-

mitment of marriage, is it the business of gov-

ernment to tell them they can't marry, whether

they are gay or straight?

FAMILY MEMBERS OF MURDER VICTIMS

SPEAK OUT AGAINST THE DEATH PENALTY

By Arushi Sinha, Guest Contributor

espite enduring unimaginable, heartbreaking grief, the families of

murder victims are choosing to speak out against the death pen-

alty by sharing their most painful stories of loss. Their experiences

form part of a powerful new publication entitled "Voices from Califor-

nia Crime Victims for Alternatives to the Death Penalty," a joint project

of three organizations that are working to reframe the debate over the

death penalty in California-Murder Victims Families for Reconcilia-

tion, Death Penalty Focus, and the ACLU-NC.

The death penalty solves nothing and may even perpetuate

the suffering of the parents, children, or siblings left behind,

the contributors to the booklet concur.

"Revenge is not justice," says Lorrain Taylor, whose twin

boys, Albade and Obadiah, aged 22, were murdered while

working on their stalled car. Obadiah had plans to open his

own barbershop, and Albade had just received a promotion at

the law firm where he worked.

"Taking another person's life does not stop violence," says

Taylor. "There's a contradiction in responding to murder by

executing people."

Many of the family members of murder victims continue to

uphold the memories, ideals, and efforts of their loved ones.

Joshua "Jojo" White, the son of Derrel Myers and Naomi

White, was 23 years old when he was shot dead by a young

assailant. Jojo was known for his work for peace and justice,

including serving as a counselor to at-risk youth at Martin Lu-

ther King Jr. Academic Middle School in San Francisco. Jojo

also opposed the death penalty.

"We do not think that the execution of Jojo's killer will

make the world a better place," say Jojo's parents. "We honor

Jojo's life by working for peace and social justice - goals that

were important to him."

Aba Gayle, the mother of Catherine Blount, who was mur-

dered at age 19, speaks of the transformative power of forgive-

ness. For eight years following Catherine's death, Aba Gayle

says she was consumed with the desire for revenge. After a

personal journey of spiritual growth and healing, she reached

out to Douglas Mickey, the man convicted of Catherine's mur-

der and currently on California's death row.

"Twelve years after Catherine's death, I wrote a letter to Mr.

Mickey telling him that I forgave him," recounts Gayle. "The

act of mailing that letter resulted in instant healing."

Some of the speakers in "Voices" echo a perspective among

many California voters-that we need a more balanced ap-

proach to the problem of crime that shifts some of the dollars

the state spends on punishment toward programs that address

root causes of crime, including poverty.

"If the government really wanted to end the violence, it

would take the millions of dollars it is wasting on the death

penalty in California and use it for violence prevention for

youth, rehabilitation, and victim services," says Taylor.

In 2005, the Los Angeles Times reported that California

spends $57.5 million more every year to house people on death

row than would be spent if all of those people were sentenced

to life without parole.

"Anticipating an execution would

be an obstacie to our healing

-~ Nick and Amanda Wilcox ,

Laura's parents

"

Voices" was published as hearings on the problems with

Californias death penalty commenced in Sacramento in

January. Convened by the California Commission on the Fair

Administration of Justice, the hearings present a historic op-

portunity for concerned Californians to advocate for replac-

ing the death penalty with life without parole as New Jersey

lawmakers recently did.

The first hearings took place in Sacramento, to be followed

by hearings in Santa Clara and Los Angeles. At the South Bay

hearing in March, the ACLU-NC will present new statistics

and review legal developments that may signal shifts in the

way Californians think about the ethics and efficacy of the

death penalty.

The Commission hearings will also give the survivors of

murder victims a critical opportunity to speak. m=

For information on the hearings, visit the Web site of the

California Commission on the Fair Administration of Justice

(www.ccfaj.org) or email ACLU-NC Program Assistant

Romy Ganschow (rganschow @aclunc.org).

To read stories from victims families, visit www.

californiacrimevictims.org.

ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF | 9