vol. 73, no. 4

AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA

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SPECIAL INSERT: THE ACLU CAMPAIGN FOR THE FUTURE

A PERMANENT HOI

ice AND COAST TO COAST

DIGITAL LIVES, DIGITAL

PRIVACY: DEMANDING

OUR DOTRIGHTS

n the digital realm, the possibilities for communication and innovation

By Rebecca Farmer

are boundless. But many of us don't realize that privacy law regarding

electronic communications is stuck in an analog era; the Electronic

Communications Privacy Act was passed in 1986, long before the

Internet as we know it today even existed.

"The more we do online, the more digital footprints we leave

behind," said Nicole Ozer, Technology and Civil Liberties

Director at ACLU-NC. "Web-based companies collect vast

amounts of information about who you are and what you

do. The information could be kept indefinitely, shared or

sold to data mining companies, and even handed over to the

government."

This fall the ACLU-NC launches the Demand Your

dotRights campaign to educate the public, businesses, and

policy makers about the need to update privacy laws for the

digital era. Already, ACLU experts and our partners have

Non-Profit

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shaped the debate about online privacy regarding two of the

world's largest web-based enterprises: Google and Facebook.

SEARCHING FOR READER PRIVACY

What we read says a lot about who we are. That's why

libraries and bookstores have fiercely defended the privacy

of readers. But Google Book Search-a service that allows

you to read a wide variety of books online-is poised to

undergo a vast expansion that doesn't currently include

strong reader privacy protections. Without these, Google

Book Search could become a one-stop shop for government

surveillance.

Government efforts to compel online and offline booksell-

ers to provide user data are a real concern. In one instance in

2006, the U.S. Attorney demanded book purchase records of

24,000 Amazon.com customers. Whether we read our books

on our computer or in paperback, privacy protections are

essential.

ACLU-NC's advocacy for strong privacy protections in

Google Book Search, in coalition with the Electronic Fron-

tier Foundation and the Samuelson Law, Technology, and

Pay ikanl)

SHEE)

Public Policy Clinic at UC Berkeley, will continue until

online readers have the same privacy they would have at the

local library.

POP QUIZ: DOES FACEBOOK

SHARE TOO MUCH?

Taking a quiz on Facebook about which superhero you most

resemble seems harmless enough. Indeed, millions of users on

the site use applications like quizzes that are created by outside

developers. Most people don't realize, however, that Facebook's

default settings allow their personal information to be exposed

even if it's their friend who takes one of these quizzes.

To illustrate the extent of the problem, ACLU-NC launched

its own quiz about Facebook quizzes. The San Jose Mercury

News credited the quiz with "engaging in some online jujitsu"

by utilizing the site itself to illustrate the inherent privacy

problems. People quickly discovered that the quiz developer

gains access to details like their politics, group afhliations, and

photos-and those of their friends. Who knows where that

information could end up?

CONTINUED ON PAGE 7

Jon us stor Bilt of Rights. Day 2009 ee

Honor ing the international Longshore and Warehouse Union |

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"Doors open at | p.m. .

_ ILWU ecg 34 pier Hall (801 Second Street in San Fog next to ATOT Park)

Reception to follow al Paragon Restaurant (701 Second Street)

: $10 - $25 sliding scale admission

For more information or to register online please visit

www.aclunc.org/bord or call 415.621.2493 x388

BOARD OF DIRECTORS

ELECTION

VOTING INFORMATION

WHO CAN VOTE:

The by-laws of the ACLU of Northern California call for the "at large" Directors to

be elected by our general membership. The label affixed to this issue of the ACLU

News indicates on the top line if you are a current member and thus eligible to vote.

Your label states "VOTE" if you are eligible to vote or "INELIGIBLE" if you are not

eligible to vote.

If your label states that you are ineligible to vote, but you have recently renewed your

membership, please send in your ballot with a note that includes your name and

phone number, so we can verify that your renewal that was not yet processed when

the ACLU News mailing labels were generated. If you are ineligible because you have

not renewed your membership but would like to do so at this time, please enclose

your membership renewal check in the same envelope as your ballot. (Please note

that it is your membership dues payable to the ACLU, not tax-deductible donations

to the ACLU Foundation, that make you eligible to vote.)

HOW THE CANDIDATES WERE NOMINATED:

As explained in the summer 2009 issue of the ACLU News, our by-laws specify two

methods for nominating candidates for directorships. Candidates may be nominated

by the current Board of Directors after the Board considers recommendations from

its Nominating Committee. Candidates may also be nominated by petition bearing

the signatures of at least 15 of our members in good standing.

INSTRUCTIONS FOR VOTING:

The candidates are listed in alphabetical order. We have 10 candidates running to

fill 10 vacancies on our Board of Directors. You may vote for up to 10 candidates.

You cannot cast more than one vote for any candidate. That applies even if you vote

for fewer than 10 candidates. If you share a joint membership with another member,

each of you can vote for 10 candidates. Do so by using both of the two columns

provided for that purpose.

After marking your ballot, clip it and enclose it in an envelope. Your address label (on

the reverse side of this ballot) must be included to ensure voter eligibility.

ADDRESS THE ENVELOPE TO:

ELECTIONS COMMITTEE

ACLU of Northern California

39 Drumm Street

San Francisco, CA 94111

If you prefer that your ballot be confidential, put your ballot in one envelope, then

insert that envelope plus your address label in a second envelope and send to our

Elections Committee at the address indicated above. In that case, we will separate

your envelopes before we count your ballot.

In order for your ballot to be counted, we must receive it at the address shown above

by, December 21) 2009:

As required by our by-laws, in order to have a quorum for our election, we need at

least 100 timely returned ballots from our members.

To help you assess this year's candidates, we're including brief statements submitted

by the candidates (see page 3). We've also indicated how they were nominated.

. ACLU-NC BOARD OF DIRECTORS BALLOT

Please vote by marking one square next to each candidate you support.

You may vote for up to 10 candidates on this ballot. (Joint members: use both squares.)

Patrice Harper

Simran Kaur

Tal Heinz Klement

Linda Lye

el Ee a El

Ele Bo. Gl

Reverend William McLennan Jr.

[Cl (1 Susan Mizner

CL) C1 Izzy Ramsey

[C1 (C1 Bianca Sierra

CL) C1 Tracy Weitz

[) (C1 Michelle "Mickey" Welsh

Please clip and send along with your address label to:

Elections Committee

ACLU of Northern California

39 Drumm Street

San Francisco, CA 94111

Ballots must be received by December 21, 2009

2 | ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF

4

CANDIDATE STATEMENTS

PATRICE HARPER

I am truly honored to once again be nominated to serve on

the Board of the most innovative affiliate in the ACLU family.

Prior to joining the Board, I was impressed by the organiza-

tion's past, primarily its longstanding commitment to rights

that my ancestors were frequently denied, such as the right

to equal protection under the law. Now, as a member of the

Board, I am even more excited about its future. If re-elected,

I will not only continue helping our affiliate make inroads into the African-American

community but hope to become more involved in the affiliate's efforts to eliminate racial

and socioeconomic disparities in the criminal justice system. I look forward to continuing

to work with all of you to protect the rights of all Americans.

Nominated by: ACLU-NC Board of Directors. Incumbent: Yes.

SIMRAN KAUR

I'm delighted to be nominated to the Board of the ACLU-

NC. As an active member of the Punjabi Sikh community

in Central California, I find that the ACLU's work comple-

ments efforts that occur within immigrant communities on

a grassroots level. As a graduate of Boston University with

degrees in Public Health and Medical Sciences, I am highly

committed to global health and social justice issues in both a

professional and personal context. Since 2003, I have been

working with Jakara-a non-profit organization created to mobilize second-generation

Punjabi Sikh youth to play an active role in their community. I look forward to preserving

and advancing the civil rights of all by serving the ACLU-NC in this capacity.

Nominated by: ACLU-NC Board of Directors. Incumbent: No.

TAL HEINZ KLEMENT

My name is Tal Klement and I am a deputy public defender

in San Francisco. Prior to my work as a public defender,

I clerked for Justice Carlos Moreno of the California Su-

preme Court. I am a graduate of Yale Law School and have

a Masters from Harvard's Kennedy School of Government. I

received my Bachelor of Arts in History from U.C. Berkeley.

I have a physical disability, and I have been involved in advo-

cacy for people with disabilities since my undergraduate years. I filed my own successful

administrative complaint against the INS when my citizenship application was repeatedly

denied because I could only provide five fingerprints. I am also committed to racial jus-

tice and I continue to write publicly about the failed War on Drugs. I hope to continue

to fight for civil rights as a Board Member of the ACLU of Northern California.

Nominated by: ACLU-NC Board of Directors. Incumbent: Yes.

LINDA LYE

I joined the Board in 2005 and now serve as Chair of the

Legal Committee, and on the Executive and Finance Com-

mittees. I am also a member of the Campaign For the Future

Kitchen Cabinet, a group of solicitors committed to securing

our physical home, to expanding program capacity, and to

helping ACLU affiliates in states with less supportive environ-

ments than we in Northern California are so lucky to enjoy.

In my private practice, I represent labor unions on a broad array of labor, environmental,

immigration, and constitutional issues. I have dedicated my professional life to social and

economic justice, work I see as inextricably intertwined with the ACLU's vital mission. I

would be honored to continue serving on the Board.

Nominated by: ACLU-NC Board of Directors. Incumbent: Yes.

REVEREND WILLIAM MCLENNAN JR.

I am honored by this nomination, after decades of being a

card-carrying member of the ACLU here and in Massachu-

setts. am a lawyer and Unitarian Universalist minister who

spent the first ten years of my career doing legal services work

in a low-income community in Boston under church sponsor-

ship, before becoming the University Chaplain at Tufts and

advisor to the student community service organization. For

the last nine years I have been the Dean for Religious Life at Stanford, teaching courses on

ethics in the professions and nonviolent social change. I am deeply committed to issues

like reproductive rights and marriage equality, where I feel religious organizations have

often been on the wrong side. I am a graduate of Harvard Law and Divinity Schools.

Nominated by: ACLU-NC Board of Directors. Incumbent: No.

SUSAN MIZNER

The ACLU's work has never been more important. In

Northern California, we are fortunate to have the largest

and most influential affiliate in the entire country, thanks to

an amazing staff and strong community organization. My

previous work on the Board, from 1993 - 2001, focused on

disability rights issues and the intersection of poverty and

civil rights. If reappointed, I would continue to be a voice

to represent these interests, as well as, of course, to support the rest of the crucial work

the ACLU is doing. I would be honored to have your vote, and to have the privilege of

serving on the Board. Recently, I have also been working on the development committee

and with the National ACLU on its affirmative action policy.

Nominated by: ACLU-NC Board of Directors. Incumbent: Yes.

IZZY RAMSEY

I would be honored to serve on the Board of Directors of

ACLU-NC. I am committing to fighting to protect our civil

liberties, particularly for those accused of crimes. I co-found-

ed a criminal-defense firm in 2006, after having spent 4 years

as a federal prosecutor. For the last decade, I have seen on a

daily basis the impact of our criminal justice system on our

youth. As an African American male who grew up in the East

Bay, | am committed to educating young people in our area about civil liberties and the

role they play in a democratic society. I have served on a variety of Boards, including the

Fred Finch Youth Center and the Donald P. McCullum Youth Court. If elected, I will

bring all my energy to further the mission of the ACLU.

Nominated by: ACLU-NC Board of Directors. Incumbent: No.

BIANCA SIERRA

I am honored to be nominated to the Board of Directors of

the ACLU-NC. As the Executive Director of Centro Legal

de la Raza, an Oakland-based non-profit providing free legal

services to low-income, Spanish-speaking, and immigrant

communities, and the daughter of Mexican immigrants, I

am deeply committed to and passionate about the fight for

social justice. I am excited and eager to serve the ACLU-NC

because of its long history fighting for and protecting civil liberties for all members of our

society. If elected, I plan to bring my passion and perseverance to further the organization's

mission by contributing my leadership skills and commitment to advocating for under-

represented communities.

Nominated by: ACLU-NC Board of Directors. Incumbent: No.

TRACY WEITZ

It is an honor to be nominated to serve a second term for the

ACLU of Northern California (NC). Over the prior term, I

have served on the Board Nominating, the Legislative Policy,

and the Development committees. As a UCSF-based medical

sociologist who studies access to abortion care, I am keenly

aware of the importance of the ACLU-NC to the fight for re-

productive rights in California, especially for young women

and women on public insurance. As a lesbian who married during the small window

of legality, I am personally appreciative of the ACLU-NC work on marriage equality. I

am proud to contribute to these efforts and the broader fight to preserve everyone's civil

liberties.

Nominated by: ACLU-NC Board of Directors. Incumbent: Yes.

MICHELLE "MICKEY" WELSH

I have been a volunteer activist for the ACLU since 1978

when I joined the Board of Directors for the Monterey

County Chapter I represented the chapter as its representa-

tive on the ACLU-NC Board from 1994 to 2004 and during

that time I chaired the Field Activists Committee and served

on the Executive and Nominating committees. I continue

to serve on the Board of the Monterey County Chapter and

to chair its legal committtee. I am a lawyer in practice in Pa-

cific Grove and an adjunct professor of Constitutional Law at Monterey College of Law. I

am honored to be nominated to serve on the Board of the ACLU -NC and, I will look

forward to continuing the work of the ACLU throughout Northern Californai as an at-

large member of the Field Activists Committee.

Nominated by: ACLU-NC Board of Directors. Incumbent: Yes.

ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF | 3

in cach oe these oe the ACLU is making a

difference not only in the law, bur also in peoples

lives.

IN THEIR OWN WORDS:

REFLECTIONS FROM CARD-CARRYING MEMBERS

work as a paralegal at the Public Defender's office in Sacramento. It changed my life to see the money trail in

California and how lack of funds can create hopelessness, disenfranchise people and keep them in the revolv-

ing door of the criminal justice system. We cut programs that give children a way out of the system and then we

spend $50,000 each year to incarcerate each child who is unable to resist the lure of crime. The ACLU is helping

to change that picture.

The number one factor in combating recidivism is receiving family and

community contact while in prison, yet prisons can accommodate visits for

only 2.5% of their population. Each week I send my clients who are on death

row articles about what the ACLU is doing, which cases are being tried, and

what action they can take. It gives them hope to know that people out there are

working on their behalf.

`The phenomenal thing is that innocence is not the issue. Giving people the

same rights is the issue. That is one of the wonderful things about the ACLU.

No one is treated more or less human. No matter your view, the ACLU will go

in and fight for your civil liberties.

I've worked with people who have gone to Harvard, who do incredible

work, who save their clients' lives, and I always thought that they were the

VUVNOdVS VUNVI

only people who could speak effectively. But it takes everyday people speaking

with other everyday people to effect change. I urge other ACLU supporters

Christine Thomas at an anti-

death penalty day-of-action in

Sacramento on June 30, 2009.

`Find your voice and speak for the far too often voiceless!'

Christine Thomas

ACLU Sacramento chapter board member and death penalty activist

FRONTLINE ATTORNEY RECEPTION YEAR SIX

() n June 30, Orrick Herrington and Sutcliffe generously hosted the FrontLine Attorney Reception. At this

annual event, the ACLU-NC updates Northern California lawyers about our efforts to protect the rights

of lesbian, gay, bisexual, and transgender (LGBT) people and people with HIV/AIDS, and to raise funds for

this work. The reception featured ACLU client Rochelle Hamilton, a Vallejo high school student who suc-

cessfully fought bias and harassment based on sexual orientation and gender expression. Matt Coles, ACLU's

National LGBT and AIDS Project Director, and

Abdi Soltani, ACLU-NC Executive Director,

described the legal landscape for LGBT rights

and urged attendees to engage the hearts and

minds of Californians to achieve marriage

equality.

AASTOOM TAVHOIW A@ SOLOHd

Orrick Herrington and Sutcliffe partners Rob Shwarts

and Angela Padilla, ACLU LGBT and AIDS Project

Director Matt Coles, Rochelle Hamilton, ACLU-

NC Executive Direcotr Abdi Soltani, and Orrick

Diversity Manager Kris Greene.

ACLU client Rochelle Hamilton with her

mother, Cheri Hamilton, and Craigslist

Foundation chief executive Lynn Luckow.

JOHN DE J. "JACK"

PEMBERTON

1918-2009

The ACLU mourns the passing of John de J. "Jack"

Pemberton, who led the American Civil Liberties Union

in the 1960s and played a vital role in securing milestone

victories in the Supreme Court on interracial marriage,

political representation and student free speech. The

ACLU is a more robust and vital organization because

of his vision and leadership. Pemberton's legacy lives

on at the ACLU through his daughter, Nancy, herself a

visionary leader of the ACLU-NC.

PAR exrs

THE GUARTERLY 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

Nancy Pemberton CHAIR

Abdi Soltani EXECUTIVE DIRECTOR

Laura Saponara_ EDITOR

Gigi Pandian DESIGNER AND

PRODUCTION MANAGER

39 Drumm Street, San Francisco, CA 94111

(415) 621-2493

MIWV4 NOLUJEWId FHL 40 ASILYNOI

4 | ACLU BECAUSE FREEDOM CANT PROTECT ITSELF

VETOES, MORE VETOES, AND BRIGHT SPOTS

By Laura Saponara

uring the legislative session, the ACLU's Sacramento team maintained an intense and prolonged focus

on bills that would cost little or nothing, yet would add up to important progress in curbing gender

discrimination, promoting the due process rights of immigrants, and protecting the privacy rights

of consumers and students, among other promising gains. Unfortunately however, the ACLU's efforts to

bolster fundamental rights for Californians in tough times were trumped, again and again, by Governor

Schwarzenneger's zealous exercise of veto power.

The Governor refused to sign even the most pragmatic bills

that the ACLU sent to him, despite the fact that many of the

bills enjoyed bipartisan support. Some had no opposition.

"The Governor's extensive exercise of veto power has been,

above all, confounding to many of our members and coun-

terproductive to civil liberties," reflected ACLU Legislative

Advocate Tiffany Mok.

`The session was not without a some bright spots.

A VICTORY FOR THE WRONGFULLY

CONVICTED

For years, the ACLU has campaigned to reduce wrong-

ful convictions and to ease some of the burdens faced by

people who are wrongfully convicted in California. After

six prior vetoes of four different bills, Gov. Schwarzenegger

signed one of our bills in October. The new law, AB 136,

will make it easier for judges to help exonerees to clear their

names and records, and to to prove that they are entitled to

compensation.

CALIFORNIA PRISONS AND THE

BUDGET PACKAGE

Pressure on the Legislature to cut the budget of the De-

partment of Corrections and Rehabilitation (CDCR), in

tandem with the federal mandate to decrease California's

prison population, resulted in a couple of significant reforms

_ By Rebecca Farmer

_ PROTECTING DUE PROCESS IN

FAIRFIELD

In June, the City of Fairfield proposed a gang injunction,

a court order that restricts the activities of alleged gang

members. Gang injunctions effectively function like pa-

role or probation, in that an individual violating them

oe be sent to jail or fined, but without being convicted

ofa any criminal offense and w

ee THE MARR we C

EQUALITYFIGHT = =-its

In July, the ACLU joined Lape ne ad de National "

Center for Lesbian Rights in a a motion to - oo

to the criminal-justice system that the ACLU has advocated

for many years:

@ Implement risk-based supervision of parolees, finally

overhauling the most dysfunctional and oft-criticized

part of California's prison system. One predictable re-

sult will be that fewer low-risk parolees will be forced

to return to prison for technical violations such as

missing an appointment or failing a drug test.

@ Creation of incentives for counties to keep probationers in

their local communities rather than sending them off to

state prisons when they commit small violations. Counties

that succeed will be rewarded with additional funding.

Sadly, the Assembly rejected two proposals that would

have resulted in significant savings without compromising

public safety. One, backed by the Governor, the CDCR and

the ACLU, would have converted the many petty "wob-

blers"-crimes that can be charged as either misdemeanors

or felonies-to straight misdemeanors. The opposition suc-

ceeded in defeating this proposal by overstating the impacts,

saying it would make it more difficult for law enforcement

to get search warrants to enter people's homes and to send

people to prison for life under the Three Strikes law. The

other proposal would have transferred some elderly, medi-

cally infirm and low-risk offenders to home detention with

GPS monitoring. The plan was labeled "early release" by op-

ponents and simply fell victim to political rhetoric. 0x2122

LEGAL BRIEFS

in Perry v. Schwarzenegger, the federal lawsuit challenging

the constitutionality of California's Proposition 8, which

eliminated the right of same-sex couples to marry. James

Esseks from the national ACLU LGBT and AIDS Project

argued before the court. [he motion to intervene was

denied on Aug. 19. In the filing we represented LGBT

community organizations: Our Family Coalition, Laven-

der Seniors of the East Bay, and PFLAG. Going forward,

the ACLU will likely weigh in on the case in the form of

. fend of the court briefs.

STEPS FORWARD

m Health-insurance companies will no

longer be able to charge women more

than men for health care based ona

practice known as gender rating."

(AB 119, Assembly Member Jones]

m Same-sex couples who were legally

married outside of California prior

to Nov. 5, 2008 will enjoy the same

rights, protections and benefits

as married spouses, save for the

designation of their status as

"married." (SB 54, Senator Leno).

m May 22 is now officially Harvey Milk Day

in California (AB 2567, Senator Leno]

For an extensive list of the bills that the ACLU

sponsored or supported, see the Legislation

section of our website: www.aclunc.org.

School districts have a responsibility to ensure that

schools are free from harassment and discrimination,

and that all students have the opportunity to learn and

to thrive.

PROTECTING A FAIR PUBLIC

CONTRACTING SYSTEM

_In September ACLU-NC and our civil rights allies filed

a motion on behalf of small businesses ron by w women _

- and th - Society. CT

| Kereera Parmer a ithe ACLU- NC Media Relations

Director.

ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF | 5

FRIEDMAN SUMMER TRIP 2009:

A YOUTH INVESTIGATION INTO

LGBTQ HISTORIES OF RESISTANCE

By Gigi Pandian and Isobel White

rom July 26 through Aug. 2, 20 students from age 13 to 19 traveled

throughout Northern California to explore LGBTQ history. "Fierce

and Fabulous: A Youth Investigation into LGBTQ Histories of

Resistance" gave the students a chance to hear local, first-person voices

often left out of historical narratives.

From the first student summer trip on immigration in 1996

to recent trips on educational equity and military recruitment

at high schools, students involved in the Howard A. Friedman

First Amendment Education Project have addressed difficult

topics with an open-minded approach towards challenging

themselves and gaining greater understanding.

Meeting with a wide range of community groups and ac-

tivists throughout the region (see sidebar), this year's team of

students addressed questions such as: Who participated in the

histories of LGBTQ resistance? How has the LGBTQ move-

ment changed over time? What would a world that celebrated

all genders and sexualities look like?

For Maxwell Wallace, a recent graduate of Lowell High

School in San Francisco, one of the most eye-opening parts

of the trip occurred not far from his home in San Francis-

co-but a world apart. The group's home base was a hostel in

the Tenderloin. It was there that the group learned about the

Compton's Cafeteria Riot, a 1966 uprising of transgendered

people of color protesting police harassment. "The Stonewall

riots were three years later," said Maxwell. "It was amazing to

learn what had happened here first."

Maxwell came into the trip a staunch supporter of same-

sex marriage rights-and left just as committed, but also

understanding why some in the queer community do not see

marriage as a top priority. "When you see poor transgender

people on the street-the truth is, what they may need most

is health care," said Maxwell. "The trip helped me understand

how movements towards racial equality, immigrant rights,

gender equality are all intertwined with queer liberation-we

need to push movements forward together because we're all

basically fighting for the same thing."

Cally Wong, a Friedman Education Project intern, was

drawn to the project after what she learned in history class

her junior year of high school. "We learned about racial

profiling, Native American history, police brutality, history

that interested me," Cally shared. "Instead of reading The

American Pageant, we read The People's History {of the United

States] by Howard Zinn. I saw a flyer for the annual confer-

ence and learned about the Friedman Project. The Friedman

Project focused on similar issues that I was learning about in

my U.S. history class, and when the class was over, Friedman

continued the learning process for me." @

Gigi Pandian is the ACLU-NC Graphic Designer and

Publication Production Manager. Isobel White is a

Communications consultant.

The 2009 Friedman summer trip group.

SOME HIGHLIGHTS FROM THE TRIP

m A Prop. 8 debate, featuring not two but six

different perspectives

m A panel of elders in the movement who

participated in the Stonewall Riots, Coors

Boycott, anti-Briggs initiative, and other

key LGBTQ organizing history

m Proyecto Poderoso in Salinas to hear

about LGBTQ organizing by farmworkers

and young people

m A queer history scavenger hunt through

San Francisco

mw Groundspark's "Straightlaced" video ad-

dressing gender roles and expectations

The Howard A. Friedman First Amendment Education Project

was established by the ACLU-NC in 1991. The project works

with high school students and teachers to improve students' un-

derstanding of the core principles underlying the Bill of Rights.

To learn more about the project, visit www.aclunc.org/youth.

SUNSHINE REFORMS IN SAN JOSE:

AN UPHILL BATTLE, BETWEEN SCANDALS

By Laura Saponara

reated in 2006 after the corruption charges against a former

mayor, San Jose's 15-member Sunshine Reform Task Force has

worked diligently to improve the transparency of city government,

including steps to open up police records to the public. But in October,

the City Council, in a narrow six to five vote, rejected their call to

allow public access to arrest records in some cases.

Instead, a majority of council mem-

bers opted for a proposal by Mayor

Chuck Reed which included no sub-

stantive reforms.

"It's not like we were offered half

a loaf," explained Skyler Porras, direc-

tor of the ACLU-NC''s San Jose office.

"It's a mirage of a loaf, crafted to look

like progress.

`The mayor's role in this latest chap-

ter is punctuated by an ironic twist.

In his 2006 campaign, candidate

Reed ran on a platform that included

THE ACLU THANKS THE FIVE

COURAGEOUS CITY COUNCIL

MEMBERS WHO SUPPORTED

THE SUNSHINE REFORMS:

Nora Campos

Kansen Chu

Ash Kalra

Sam Liccardo

Madison Nguyen

tremendous inroads in publicizing

the need for reforms. The San Jose

Mercury News has buoyed public

awareness with consistent, detailed

coverage of the debate.

Last year, the Mercury News re-

vealed that San Jose police were

arresting more people for public

drunkenness than any other agency

in the state, and that 57% of those

arrested were Latino. Latinos com-

prise just 32% of the city's popula-

tion, and public outcry over racial

sunshine reforms and expanded access

to law-enforcement records beyond what the Sunshine Task

Force ultimately recommended. But his position has shifted

wholesale. Now Reed argues that even slightly greater public

access to police records will allow gang members, stalkers, and

rapists to further victimize residents.

The ACLU-NC's San Jose office, together with a wide

range of community and civic organizations, has made

profiling and the seemingly arbi-

trary and punitive nature of many of the arrests prompted

the convening of a Public Intoxication Task Force.

The ACLU-NC filed a Public Records Act request to

obtain the original police reports of all arrests for public

intoxication in 2007. The city responded by releasing only

4% of the records. In reviewing these records, task-force

members concluded that probable cause for arrest was in-

adequate in approximately 50% of the cases.

Frustrated by the city's lack of responsiveness, task force rep-

resentatives from the NAACP, La Raza Roundtable, African

American Services Agency, La Raza Lawyers Association, the

Latino Democratic Forum and the ACLU-NC walked out of

the task force proceedings and declined to participate further.

A new scandal surfaced in late October when San Jose po-

lice officers were caught on video beating an unarmed San Jose

State student, Phuong Ho, with a metal baton, then shooting

Ho with a Taser gun. The video appears to show a final baton

strike after Ho was handcuffed. The officers involved are under

investigation.

`The task forces convened in response to the scandals of 2006

and 2008 were appointed by the mayor to show that citizen-

led information-gathering and policy-making can result in real

progress. But the city's refusal to take the recommendations of

either seriously has done great harm to public confidence.

It remains to be seen where the newest scandal will lead.

6 | ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF

DEMANDING OUR

DOTRIGHTS

CONTINUED FROM PAGE 1

Word about the quiz-and directions for users to fix

their privacy settings-spread quickly through news re-

ports, the blogosphere, and even on Facebook itself. The

websites for CNN and the New York Times posted links

to the quiz. At press time, more than 115,000 people

had taken the quiz, and more than 40,000 people signed

an online petition demanding that Facebook upgrade

its privacy controls so that quizzes can only see what

people want them to see. ACLU-NC has subsequently

met with Facebook executives and will continue to

monitor the site's default privacy settings.

DEMAND YOUR DOTRIGHTS

We have an opportunity to define a clear legal frame-

work for digital privacy that will impact generations

to come. It's time to Demand our dotRights. Learn

more about the dotRights campaign and ACLU-NC's

work on digital privacy: www.dotrights.org and www.

aclunc.org/tech.

The dotRights campaign is funded in part by the

ACLU Campaign for the Future. See the center

insert for more information.

Rececca Farmer is the ACLU-NC Media

Relations Director.

CHICO CHAPTER: PAVING

THE WAY TO CITIZENSHIP

By Katy Fox

fter five years of living and working outside of Chico, Calif., one

migrant worker thought he was required by law to leave the United

tates. But he was wrong. Speaking with a family member who had

attended an ACLU-sponsored "Know Your Rights" presentation in Gridley,

Calif, he learned that not only could he lawfully remain in the United

States, he was, in fact, well on his way to becoming a U.S. citizen.

The day proved pivotal for

Through its commu-

nity outreach program,

the ACLU Chico Chap-

ter works persistently to

spread one of the ACLU's

core principles: the U.S.

many.

The next "Know Your

Rights" event, expected to

serve more than 1,000 peo-

ple, will take place on Nov.

14 at Hamilton City High

School. The Chico chapter

Constitution applies to

all people living in this

country, not just citizens. also plans to partner with UC

Chapter activists in Chico A Know Your Rights training by the Chico Chapter. Davis Law School to conduct

place a special focus on a citizenship fair, a "one-stop-

reaching the Sacramento Valley's most under-served commu- shop" where participants can take advantage of information

nities. In August, the chapter teamed up with local organiza- and services from local health clinics, the Mexican Consulate,

tions to provide free access to nine immigration lawyers and immigration lawyers and the ACLU. @

two members of the ACLU's staff for more than 80 migrant

Katy Fox is an ACLU-NC volunteer.

workers and other newcomers who came seeking information.

ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF | 7

ACLU FORUM

WHAT INSPIRED YOU T0

WRITE A HISTORY OF CIVIL

LIBERTIES STRUGGLES IN

CALIFORNIA?

Not long after 9/11, the

ASK THE EXPERTS!

CALIFORNIA CIVIL LIBERTIES

As the ACLU-NC celebrates its 75th Anniversary,

Elaine Elinson and Stan Yogi discuss their new book,

Wherever Theres a Fight, the first-ever account of the

struggle to protect and expand rights in the Golden State.

HOW WOULD YOU

CHARACTERIZE THE

ROLE OF THE ACLU IN

THE HISTORY OF CIVIL

LIBERTIES IN CALIFORNIA?

federal government was vig-

orously eroding fundamental

rights to due process and privacy in the name of the "war

on terror." Arab, South Asian, Muslim, and Middle East-

ern immigrants and citizens were the targets of government

round-ups, questioning and surveillance. The Bush ad-

ministration equated dissent with disloyalty. We and our

publisher thought a book on civil liberties history would

help readers understand how Californians in the past have

faced other crises and fought for their rights.

THE FOUNDING OF CALIFORNIA YOU DISCUSS

INCLUDES DETAILS WE NEVER LEARNED IN

K-12 HISTORY CLASSES. WHAT STANDS OUT TO

YOU MOST ABOUT OUR FLEDGLING STATEHOOD?

We were outraged to learn of state-sponsored extermination

of native Californians and laws that allowed their virtual

enslavement. Vigilante violence against Chinese and Latino

immigrants was common. Although California entered the

union as a free state, slavery was tolerated. Courageous

slaves like Archy Lee and Biddy Mason fought for their

freedom. We were surprised-and pleased-to learn that

the first state constitutional convention, held in Monterey

in 1849, was conducted in English and Spanish, and the

first constitution was bilingual.

WHAT SURPRISED YOU THE MOST IN

RESEARCHING AND WRITING THE BOOK?

ELAINE: Though I had worked at the ACLU for 20 years

when we first started this book, I was surprised how little

I knew about the people and movements that came before

us. I was stunned to learn that though Rosie the Riveters

were treated equally at the worksites where they built ships

for World War II, child care and other services were only

provided for white women workers.

STAN: Before starting this book, I knew that Chinese

immigrants in the 19th century were the targets-locally,

statewide, and nationally-of numerous discriminatory

laws. But I was surprised to learn that they aggressively

organized to fight against these laws. They hired a lobbyist

to represent them in Sacramento, and they actively litigated

at the state and federal levels. Some of those lawsuits are

significant beyond the Chinese American community. The

Yick Wo case, for example, challenged the discriminatory

enforcement of a San Francisco laundry ordinance and

went to the U.S. Supreme Court, which ruled for the first

time that 14th amendment equal protections apply to non-

citizens.

IN WHAT WAYS IS CALIFORNIA'S EXPERIENCE

WITH EXPANDING LIBERTY UNIQUE IN AMERICA?

Our state has been a place of great diversity since the Gold

Rush. Civil liberties conflicts between the powerful and

powerless have frequently taken place in California before

they have in other states. African Americans in 19th cen-

tury California brought lawsuits challenging segregation in

classrooms and streetcars. Lesbians and gay men began

organizing for their political rights in San Francisco and

Los Angeles 20 years before the Stonewall riots that many

consider the birth of the movement for gay equality.

SOME CIVIL LIBERTIES VICTORIES WERE

ACHIEVED THROUGH LITIGATION, BUT OTHER

STRATEGIES HELPED IN THE STRUGGLE FOR

FREEDOM AND EQUALITY. WHAT CAN WE

LEARN FROM PAST CREATIVE EFFORTS?

In the early part of the 20th century, the Industrial Work-

ers of the World (IWW) or Wobblies, declared the "street

corner is our union hall." In their street orations, they

condemned oppression by the bosses and advocated for

workers to organize. One by one they were arrested. As one

was sent to jail, another would take his place, until the jails

were bursting.

In 1923, author Upton Sinclair joined the Wobbly picket

line on the San Pedro docks. He stood on Liberty Hill and

read the Constitution-and was promptly arrested! When

he got out of jail, he wrote a play called "The Singing Jail-

birds," and founded the ACLU of Southern California.

Another example is the Jewish suffragist Selina Solomons

who organized working class women in San Francisco. She

opened the Votes-for-Women Club on Union Square, invit-

ing shop girls and clerks to come in for a meal. We found

the menu in the Bancroft Library-it included four kinds

of soup, sand dabs, and French artichokes. She stocked the

Club's reading room with suffrage literature and recruited

women to join her in canvassing neighborhoods for the

1911 election. The campaign was successful-and Cali-

fornia women won the right to vote almost a full decade

before the 19th Amendment was passed.

OUR STATE HAS BEEN A PLACE

OP OREa DIMERS (SINCE Une

COLO KJSa CE sees

CONE ClS 2aVee Tie

POWERFUL AND POWERLESS

RAVE PREQUENT ay TAKEN

PLACE IN CADEORNJA BEFORE

THEY aAVe IN OE S)A7e5

Wherever There's a Fight authors

Elaine Elinson and Stan Yogi.

AASTOOM TAVHIIN

Since their foundings-the

ACLU of Southern California in 1923 and the ACLU

of Northern California in 1934-the California affiliates

have played a pivotal and often leading role in exposing

violations of civil liberties and fighting to protect and

expand them. They were not afraid to take on unpopular

causes.

In the 1920s and 30s, ACLU-SC attorney A.L. Wirin

and ACLU-NC Executive Director Ernest Besig chal-

lenged vigilante actions against labor organizers, some-

times getting punched in the nose (or worse). During

World War II, the ACLU-NC brought the Korematsu

case opposing removal of Japanese Americans from the

West Coast-and took the case all the way to the U.S.

Supreme Court-even though the national ACLU told

them not to. Daring to publicly oppose obscenity laws

in the prim 1950s, the ACLU-NC made history defend-

ing poet Lawrence Ferlinghetti who sold Allen Ginsberg's

brutally iconoclastic poem "Howl" in his City Lights

Bookstore.

CALIFORNIA HAS ONE THE COUNTRY'S MOST

PLURALISTIC POPULATIONS AND YET ALSO

HAS A TROUBLING HISTORY OF XENOPHOBIA.

ARE WE DOOMED TO ENDURE PERIODIC

EPISODES OF RACISM OR HAVE OUR PAST

STRUGGLES MADE US A MORE TOLERANT

PLACE WITH STRONGER CIVIL RIGHTS LAWS?

When we consider Californias future, having looked at

the past 160 years, we're optimistic. It's been a "two steps

forward, one step back" progression. Thanks to brave indi-

viduals before us, we now have a considerable body of law

to protect civil liberties, and-except in very rare occasions,

like brutal attacks on the Mexico border-we no longer

face vigilante violence.

Yet, we still confront rabid anti-immigrant sentiment;

racial inequality in schools; and second-class citizenship

for lesbian, gay, bisexual and transgender people. At some

point, practically every minority group has been the target

of civil liberties violations.

We hope that our book will help to bring this hidden

history to light, so that we won't repeat the mistakes of the

past. But we know that battles for freedom, equality and

justice are perpetual. We're confident that the ACLU will

be wherever there's a fight for civil liberties. 0x2122

Elaine Elinson was the Public Information Director

of the ACLU-NC from 1980 to 2001. Stan Yogi is

the Director of Planned Giving at the ACLU-NC.

They are coauthors of the recently-released Wherever

There's a Fight: How Runaway Slaves, Suffragists,

Immigrants, Strikers, and Poets Shaped Civil Lib-

erties in California, published by Heyday Books.

This interview was conducted by ACLU-NC

Staff Attorney Margaret Crosby.

8 | ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF

STAND

FUTURE

he momentum is building.

he ACLU is.close to meeting our goal in the largest fundraising campaign for civil-liberties. in

history. Take a Stand for Freedom: The ACLU Campaign for.the Future will allow us, after 75

years as renters, to secure a permanent home for our work in Northern California, and expand our

Friends,

ability to accomplish even more in our region and across the country.

In Northern California alone, our goal is to raise $25 million above and beyond the annual fund. We have already raised nearly $22 million-88% of the goal! We

still need $3 million to cross the finish line. We hope you will be part of this monumental effort. By making a gift-large or small-you will help us to do even more

in Northern California and to strengthen the ACLU's impact from coast to coast.

The ACLU of Northern California (ACLU-NC) shares a portion of the dollars we raise with ACLU affiliates in other states. This means that members like you have

an opportunity to play a direct role in bolstering civil liberties in Montana, New Mexico, Texas, Mississippi and Florida, among other places-states where economic

resources are scarce and civil liberties challenges significant.

A more robust ACLU presence in the Central, Midwestern, and Southern U.S. will speed the pace of progress on a wide range of equality and racial justice issues

like same sex-marriage, separation of church and state, racial profiling, reproductive rights, and voting rights.

Even in climates as tough as the current one, the ACLU is in a position of strength-strength of principle, strength of staff, and strength of members and activists

like you.

Our charge is to turn Obama's historic victory into a historic legacy. Our actions now will set the tone and define the possibilities for the entire Obama presidency.

For years to come, the ACLU will need to serve as the principled voice of reason when it comes to encouraging the President to restore the rule of law and the

Constitution. Ahead of us are tremendous opportunities to pair our principles with sensible solutions for keeping Americans safe and free.

In the pages that follow, we introduce you to The ACLU Campaign for the Future and invite you to play a vital role in our success. Your participation is a vote of

confidence in the ACLU and our plans to change the landscape of civil liberties in Northern California and across the country.

Thank you for taking a stand for freedom, and for standing with us.

Sincerely,

Has Sts Cou Sold

Abdi Soltani Cori Stell

Executive Director Campaign for the Future Director

} ith rt from donors, in,June 2009 the

S up p O ACLU-NC purchased owtr first yak O q| of The AGLU.Campaign for the Future is to own the ACLU

permanent home at 39 Drumm Street in San Francisco (shown above). Our 2 headquarters mortgage-free, which will allow us'to devote

new headquarters houses,53 staff and is a buzzing hub of civil liberties litigation, $600,000 in additional funding each year to programs that dramatically increase

community organizing, and education. the ACLU's impact in California and beyond.