vol. 74, no. 4

Votel The ACLU-NC's

Board Election

Challenging "No Fly,"

FBI Surveillance of

Muslims, and More

AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA

ACL

o

BECAUSE

WHAT'S INSIDE

The "My ACLU"

FREEDOM

nev

Campaign: Connecting

Your Family and Friends

CAN' PROTECT (USELE

VOLUME LXXIV ISSUE 4

New ACLU-NC Attorney

Allen Hopper Talks

Marijuana Reform

PROTECTING THE LEGAL RIGHTS

OF IMMIGRANTS

ACLU-NC CHALLENGE TO THE ABUSE OF

IMMIGRATION DETAINERS LEADS TO REFORMS BY ICE

Nee named Carlos was waiting at a bus stop in San

ernardino County one recent evening when officers

stopped and questioned him "because he looked suspicious."

When Carlos was unable to show identification, the police

arrested him. Carlos, who works as a janitor, has lived in the

United States for 12 years and is married to a U.S. citizen, was

jailed and slated for deportation.

Carlos is among thousands of people in California who

pose no threat to public safety but have been pulled into the

criminal justice system unnecessarily, only to find themselves

in immigration proceedings.

What's going on? California is not Arizona. Or is it?

The ACLU and its allies have collected extensive evidence

to show that federal Immigration and Customs Enforcement

CA

3

(ICE), in tandem with local police and sheriffs, is abusing the

rights of ordinary California residents through the misuse of

detainers - the mechanism for holding a person in a local jail

while ICE investigates their immigration status.

Detainers have been used routinely to hold people who are

innocent of any crime without being given notice of their

rights, or being informed of any process for challenging the

detainer.

Immigration detainers are intended to allow local law

enforcement agencies to briefly hold people who have com-

mitted a serious crime while ICE investigates the person's

immigration status. But there are no clear standards for the

evidence needed to justify a detainer, and detainers are rou-

tinely issued before a person has been convicted of a crime.

The result is a "perverse incentive for law enforcement officials

to arrest anyone who appears `foreign' in order to check immi-

gration history," explains ACLU-NC attorney Julia Harumi

Mass.

Shockingly, detainers are often issued to U.S. citizens, law-

ful permanent residents, and others who are not subject to

deportation.

A host of other harms have ensued. For example, detainers

have been issued against youth as young as 12 who are in

the juvenile justice system, for "crimes" such as getting into

minor fights with a sibling, and for stealing 43 cents from

another child at a schoolyard.

The ACLU has also documented that local officers

often believe, mistakenly, that honoring an ICE detainer

CONTINUED ON PAGE 8

BILL OF RIGHTS DAY 2010

SAVE THE DATE! DECEMBER 5 at 2pm

Join with ACLU friends and family at the International Longshore and Warehouse Union Local Union 34

Hall, 801 Second Street in San Francisco. Doors open at 1 p.m., program begins at 2 p.m. followed by

a reception at Paragon restaurant at 701 Second Street.

San Francisc

The ACLU-NC will honor Ramona Ripston with the Chief Justice

Earl Warren Civil Liberties Award for her groundbreaking

work as the head of the ACLU of Southern California for 30

years. Ripstons many accomplishments include ending

discriminatory policies at the Los Angeles Unified School

District, spurring meaningful reform at the notoriously hard-

headed LAPD, and helping lead battles for equal rights for the

disabled, immigrants, gays and lesbians, and the homeless.

National ACLU Deputy Director Dorothy Ehrlich will present

the award.

$10 - $25 sliding scale admission

For more information or to register, please visit

www.aclunc.org/bord or call 415.621.2493 x388

AMERICAN CIVIL eee Ce

of Ly a

WELCOME TO THE ACLU NEWS.

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 ene med

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 your status. 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 2010 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 9, 2010.

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. (If you share joint membership with another member, use both squares.)

O OF Cherri Allison

Farah Brelvi

Christy Chandler

Shelley Curran

Ye oe a

ee 6 LO

Yohance Edwards

[1 (c) Cynthia Carey-Grant

O ((c) Ajay Krishnan

1 CO Niki Solis

[1 ((c) Ken Sugarman

(1 CO Natalie Wormeli

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 9, 2010

2 | ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF

CANDIDATE STATEMENTS

CHERRI ALLISON

It is a great honor and privilege to be nominated to serve

as a Board member of the ACLU-NC. I have served as

the Affirmative Action Officer since 2005. As an African

American woman and executive director of an organization

serving survivors of domestic violence I am keenly aware

of the significance of protecting the rights of underserved,

disadvantaged and threatened communities. If elected I

will support the work of the ACLU-NC to protect and uphold the civil rights that

are guaranteed under the Constitution of the United States and to continue to work

towards increasing board diversity.

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

FARAH BRELVI

I joined the Board in 2008 and now serve as the Chair of

the Legislative Policy Committee, and on the Executive

and Development Committees. The assault on the Bill of

Rights is continuing and the work of the ACLU remains

fundamental to our democracy. I am especially proud of

my relationship with the ACLU during this election sea-

son when the religious freedom of Muslim Americans has

become a political football; the ACLU has never wavered in its defense of the First

Amendment. I will also continue to bring my previous non-profit experience to my

ACLU-NC service: both as a Vice-Chair of the Board of Amnesty International USA

and as a founding Board member of Muslim Advocates. I would be honored to serve

an additional term. ;

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

CHRISTY CHANDLER

It has been an honor to serve on the ACLU-NC Board

this past term. I respectfully request your vote to continue

supporting the ACLU's essential work protecting the free-

doms that are the bedrock of our democracy. As a San

Francisco public defender, and now in my own criminal

defense practice, 1 am constantly reminded of the con-

sequences of an unchecked, overreaching government.

While the Obama administration has brought greater opportunities to achieve the

ACLU's fundamental goals, much work remains to be done to prevent the continued

erosion of civil liberties. To be able to address these critical issues as part of the

ACLU-NC Board has been an enormous privilege, awing responsibility and exciting

challenge. Thank you for your vote. ;

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

SHELLEY CURRAN

It is an honor to be nominated to serve on the Board of Direc-

tors of the ACLU-NC. I have long admired the ACLU-NC

and its staff, with whom I have had the pleasure of working

over the past ten years. In my prior position as Senior Advisor

to the California State Senate, I worked extensively on crimi-

nal justice policy, including promoting reforms of sentenc-

ing laws, advocating for overturning the death penalty, and

promoting alternatives to incarceration. I have also worked on many of the civil liberties

priorities of the ACLU-NC, including reproductive freedom, marriage equality, end of life

choices, privacy, and other basic civil rights. I have seen first-hand the outstanding work of

the ACLU-NC and would be honored to serve on its Board.

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

YOHANCE EDWARDS

I would be thrilled to continue to serve on the Board of

Directors of the ACLU-NC. I joined the Board to fill an

interim vacancy this fall. The ACLU has been close to my

heart since I was a law student at NYU. Back then, I worked

on terrorism cases and other post 9/11 civil liberties issues.

As an attorney, I have worked on civil gang injunctions with

the ACLU-NC. I am truly excited by the opportunity to

use my passion and skills to help advance the ACLU-NC's mission of protecting civil

liberties issues. I am particularly passionate about racial and economic justice but can

get equally engaged with various other issues that the ACLU-NC takes on. I would be

honored to have your vote.

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

CHRISTINE JEGAN

CYNTHIA CAREY-GRANT

I am deeply honored to have the opportunity to serve on

the Board of the ACLU-NC. Through the years I have been

privileged to participate in several projects and campaigns in

my leadership role with partner social justice organizations.

So I know firsthand the valuable contribution the ACLU-

NC has made to protect the rights of the diverse communi-

ties in northern California. I have committed my life work to

improving the status of women, people of color and the empowerment of the politically

disenfranchised. In that pursuit, I have engaged in the civil rights, women's, peace and

reproductive justice movements. I can think of no better way to advance this life com-

mitment then as a member of the board of the ACLU-NC. Thank you for your support.

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

AJAY KRISHNAN

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

the ACLU-NC. Having lived much of my childhood over-

seas-in Saudi Arabia and Singapore-I feel strongly about

the vital need to energetically defend our civil rights and civil

liberties. In 2004, I served as an attorney on the staff of the

ACLU of Northern California, and worked.on a number of

student rights, free speech, and death penalty issues. Since

that time, I joined a law firm in San Francisco, and have continued to partner with the

ACLU on cases involving free speech, prisoner rights, and death penalty issues. If elected,

I will continue to dedicate my time and energy to our shared mission of defending civil

- rights and civil liberties.

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

NIKI SOLIS

I would be honored to serve on the board of the ACLU-

NC. I am a Hastings graduate who has served as a public

defender in San Francisco for over 15 years and am a past

president of San Francisco La Raza Lawyers Association.

My family emigrated from Belize when I was an infant. My

passion in civil liberties was stoked early on when I realized

that I was an undocumented immigrant of the only country

I knew and loved. I couldn't attend public schools and my family was in constant fear

of the INS. My goal from childhood was to become a lawyer to help others pursue their

civil rights. If elected, I would be a diligent, passionate and energetic advocate for the

principles of this organization.

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

KEN SUGARMAN

I am very hopeful that I can continue to serve on the

board of the ACLU-NC. I am a deep believer in the

ACLU's core civil liberties, civil rights mission. When

things seem bad I remind myself how worse they would

be if the ACLU were not around. We have a talented,

dedicated, and creative staff that delivers on the organi-

zation's promise every day. My role as a board member

has been to help make sure the staff has the resources, support, and occasional

direction it requires. I have been active on several committees and in my role as

a fundraiser. If reelected to the board | will continue to fulfill my responsibilities

faithfully. Thank you for the opportunity.

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

NATALIE WORMELI

I've been involved with the ACLU of Northern Cali-

fornia since 1990 while attending Davis Law School.

lim currently the hair of the Yolo County ACLU

Chapter, and previously served as Chair of the Field

Committee on the ACLU-NC Board. My proudest

moment with the ACLU-NC was participating in the

executive director search that resulted in the hiring

of Abdi Soltani. As an attorney with disabilities, I'm proud to be a part of this

organization.

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

ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF | 3

NEW STAFF AT THE ACLU-NC

New Police Practices Policy Director Allen Hopper comes to the ACLU-NC from the National

ACLU's Drug Law Reform Project, where as Litigation Director he brought tonstitutional chal-

lenges on behalf of medical marijuana patients and their doctors, victims of racially selective

enforcement of drug laws, children victimized during drug raids, and youth who were strip-

searched while at school.

n Friday

: 2010, I went to

Before joining the ACLU, the UC Davis law school graduate worked in private practice focus-

ing on criminal defense, prisoners' rights and police misconduct litigation. He also served as a

staff attorney for the California Appellate Project in San Francisco.

As the ACLU-NC's Police Practices Policy Director, Hopper will spearhead an integrat-

ed advocacy approach utilizing local and state legislative and policy advocacy, litigation,

community organizing and public education to challenge and reform California's criminal

justice system.

Linda Lye joins the ACLU-NC as a Staff Attorney. Until

recently, Lye was known as a stand-out among the talented

team of une Board members at the ACLU-NC, where she served as Chair of the Legal

Committee.

Now Lye has made an ne leap to put the ACLU-NC at the center of her work life

as the Staff Attorney focusing on the First Amendment, privacy, national security, students'

rights and technology.

After attending Boalt Hall School of Law, Lye clerked for Justice Ginsburg on the Su-

preme Court and Judge Guido Calabresi on the Second Circuit Court of Appeals, and

most recently worked at Altshuler Berzon, a union-side labor and employment firm, where

she was a partner.

CELEBRATING A SUCCESSFUL COMPLETION OF

THE ACLU CAMPAIGN FOR THE FUTURE

he shining success of the ACLU-

NC's monumental capital cam-

paign was capped with a spirited

celebration at Yerba Buena Gardens

in San Francisco on October 6.

despite three court cases and

the new lethal injection -

NVIGNVd 1519 A@ SOLOHd

AMERICAN Ciy

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

Photos top to bottom: Laura Saponara EDITOR

Elaine Elinson and Dorothy Ehrlich, Gigi Pandian. ASSOCIATE EDITOR and

Elizabeth Zitrin and Aundre Herron, DESIGNER

Nancy Pemberton and Ron Tyler,

Emily Skolnick and Fran Strauss.

39 Drumm Street, San Pemicisco: CA 94111

(415) 621-2493

4 | ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF

SACRAMENTO UPDATE: CENSORSHIP,

SHACKLES, AND CRIMINAL JUSTICE

By the California Legislative Office

all brings an end to the 2009-2010 California Legislative

session. Some of the key work from the last term is below.

STUDENT FREE SPEECH RIGHTS

Prior to the Legislature's break, the Governor signed an impor-

tant bill protecting students' free speech rights. SB 438 (Yee),

strongly supported by the ACLU, ensures charter schools are

subject to state laws protecting freedom of speech and expres-

sive activities for students and employees. It clarifies that stu-

dents' rights of free speech and freedom of press, without prior

restraint or censorship applies equally to charter schools.

The legislation. proved necessary after charter school

administrators at an Orange County high school censored

publication of a school newspaper and claimed the school

was exempt from laws protecting student expression and

journalism. The bill also adds "charter schools" to a law

protecting journalism students, advisors, and other school

employees from administrative disciplinary action on the basis

of freedom of expression.

SAFETY FOR STUDENTS, PREGNANT

WOMEN, AND GOOD SAMARITANS

The ACLU continued to fight for funding for emergency re-

pairs to schools where conditions pose an urgent threat to the

health and safety of students and teachers. These emergency

repair funds are part of the historic settlement agreement in

the ACLU lawsuit, Williams v. State of California. Though the

Governor supported this funding, the Senate and Assembly

disagreed, postponing funding for another budget.

AB 1900 (Skinner) would have ensured that incarcerated

pregnant women are not shackled when being transported

to and from a state or local correctional facility unless there

is a safety issue. Currently, two-thirds of county jails shackle

pregnant women in ways that could cause miscarriage or

other injuries. The bill would develop uniform standards to

ensure that these women are not shackled unless there was

a legitimate safety reason. The Governor vetoed this legisla-

tion stating logistical concerns that we disagreed with. It is a

reminder that even the most simple civil liberties don't come

without a fight.

A NEW FRONTIER OF

By Maggie Crosby

magine youre a soldier stationed overseas and discover

youre pregnant. If you want to have an abortion but are

living in a country where it's illegal, you might as well be living

in pre-Roe v. Wade America. Why? Current federal law prohib-

its almost all abortion services at U.S. military hospitals, even

if a woman pays for the procedure herself. So, like a woman

in the 1950s, you can fly to another country to obtain safe,

legal abortion care (if you can afford to travel and can arrange

leave) or take your chances with an unsafe, illegal, local or

self-induced abortion.

Here in California, we are sending thousands of women

into military service and have the highest proportion of fe-

male veterans of any state - and these numbers are growing.

We have among the strongest laws in the country protecting

reproductive rights. But when California servicewomen are

shipped out of state or overseas, they are deprived of the fun-

damental right to make pregnancy decisions.

`The ban, which has no exception for pregnancies that

jeopardize a woman's health, poses grave risks for women

stationed in countries where abortion is outlawed. Coupled

with a tremendously high number of incidents of sexual as-

sault in the military, a disturbing scenario emerges. A new

analysis from the Guttmacher Institute documents that "the

restrictions fall hardest on the most junior of enlisted ranks,

who are also the most likely to have an unintended preg-

nancy." ;

`This ban on abortion at military facilities hasn't always

been in place. Prior to 1988, military women were allowed

to use their own funds to obtain abortions on military

bases overseas. Military officials had wisely recognized that

at many overseas stations - or even isolated areas in the

The Governor also vetoed AB 2460 (Ammiano), which

would have provided immunity for certain drug-related crimes

to "good samaritans" who contacted emergency services about

someone experiencing a drug overdose. The victim of the

overdose would have received similar immunity for the crimes.

Research has shown that fear of arrest or police involvement

is the most significant barrier to people calling 911 for help

in overdose situations. This didn't seem to matter to the Gov-

ernor who stated in his veto message that the immunity was

too broad.

"SMART ON CRIME" REFORMS CAN

SAVE CALIFORNIA BILLIONS

`Finally, during the state's ongoing fiscal crisis, ACLU Cali-

fornia Legislative Director Francisco Lobaco has been vigor-

ously arguing that there are various ways to close the budget

gap without risking vital social services and law enforcement

priorities. The ACLU lobbied for reforms and proposed sen-

tencing alternatives to address the systemic overincarceration

of low-level property and drug offenders in our state prison.

`These proposals would save hundreds of millions of dollars

annually, while keeping communities safer.

`The work paid off in one area. The Governor signed legisla-

tion that adjusts the threshold distinguishing petty theft and

grand theft from $400 to $950 to account for inflation since

the previous adjustment in 1982. This ACLU-sponsored leg-

islation, AB 2372 (Ammiano), will result in up to 2100 fewer

defendants sent to state prison for these property crimes by

December 2011 with budget savings of up to $68 million per

year. This is an important victory.

`The ACLU continues to seize every opportunity to per-

suade the Legislature that California wastes hundreds of mil-

lions on its dysfunctional death penalty. The ACLU urged the

Governor to use his authority to convert all death sentences

to permanent imprisonment and save the state $1 billion over

the next five years without releasing a single prisoner. Perma-

nent imprisonment is a safe and cost effective alternative to

the death penalty that provides crime victims with swift and

certain justice. We will continue these fights and many more.

Stay tuned.

EXECUTION HALTED

he ACLU-NC played a pivotal role in helping

to halt what would have been California's first

execution in nearly five years. Just 30 hours before

the execution was scheduled to take place the Cali-

fornia Attorney General conceded that it could not

go forward. His announcement followed last minute

developments in federal and state court, as the ACLU

and other anti-death penalty advocates were planning

vigils and demonstrations across the state.

The ACLU was deeply involved in stopping the

execution. In the space of ten days, we:

# ORGANIZED: We created an action center on our

web page, providing activists with background in-

formation and ways to get involved. We kept people

informed with up to the minute breaking news,

through social media and email. With our coalition

partners, we generated almost 5,000 letters to state

Attorney General Jerry Brown and dozens of letters

to the editor in newspapers across the state.

= COMMUNICATED: We responded to dozens of

"press calls from print, television, radio and on-line

outlets, in English and Spanish, and became the

primary source of information for reporters. We

secured editorials calling for an end to the death

penalty from the Los Angeles Times, San Jose Mer-

cury News, San Francisco Chronicle and other pa-

pers. We helped shape press coverage of the issue to

underscore that California's death penalty system is

broken and should be replaced with life without the

possibility of parole We also made sure that the voice

of murder victims' family members who oppose the

death penalty was part of the conversation.

# LITIGATED: With cooperating counsel at Keker

Van Nest, we represent Pacific News Service in

one of the three-legal challenges to the lethal injec-

tion process. Our team quickly responded as the

legal situation changed, submitting one of many

briefs that ultimately helped stop the execution from

moving forward.

REPRODUCTIVE FREEDOM FOR U.S. WOMEN

U.S. - safe and reliable civilian facilities that provide abor-

tion care are not always available.

An amendment to the pending National Defense Authori-

zation bill would repeal the dangerous ban on privately funded

abortion care and allow U.S servicewomen to use their own

money to obtain abortion services at U.S. military facilities.

Congress will likely pass the bill sometime in the fall. Since

the House version doesn't include a repeal of the ban, it's im-

portant to reach out to representatives to urge them to support

reproductive health care for our soldiers.

California Congresswoman Jane Harman has said that

military women are more likely to be raped by a fellow soldier

than killed by enemy fire in Iraq. Several studies indicate that

as many as a third of military women report rape or attempted

rape during their military service. Department of Defense re-

search reveals 3,230 reported sexual assaults in 2009, up 11

percent from the previous year.

Although the ban on abortion at military facilities includes

an exception for rape and incest, it is meaningless when wom-

en in the military don't feel that they can report sexual assault,

especially if that assault is by commanders or fellow soldiers.

I recently met with a young veteran who told me that when

she reported being raped to her commander, his response was

"What is it with you women? You're the third this week."

Journalist Kathryn Joyce reported the story of a 26-year-old

Marine named Amy* who was stationed in Fallujah when she

realized she was pregnant as a result of rape. Amy didn't report

the rape, fearing backlash from her male comrades. The abor-

tion ban meant there was no other way to end her pregnancy.

She attempted to self-abort using a cleaning rod from her rifle.

Lifting the ban would return the Department of Defense

to the policy that existed for many years: women soldiers

facing unintended pregnancies could obtain safe abortion

care from doctors willing to provide it. It's such a cruel irony

that America's young women who volunteer to serve their

country are denied the basic rights the rest of us enjoy.

Congress should act now to end the ban on private fund-

ing of abortion at military facilities. Our Armed Services

women deserve more from their country.

*pseudonym

This article is excerpted from a blog post that first appeared

on RH Reality Check on August 27, 2010.

Maggie Crosby is a Staff Attorney at the ACLU of

Northern California.

ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF | 5

ays a directrole

he ACLU of Northern California pla

al tie (Ore; cnt ot fights for civil liberties not only

in Our region, Dut across the nation. [he following

are ongoing examples of the ACLU's leadership tn taking

a stand against abuses of government DOWEer 10F tne

rights of all.

CHALLENGING `NO FLY'

he ACLU of Northern California has joined with the National ACLU and ACLU affiliates in

Oregon, Southern California, and New Mexico to file a legal challenge on behalf of several

U.S. citizens and lawful permanent residents who cannot fly to or from the United States

or over U.S. airspace because they are on the "No Fly List"- a component of the government's

watch list system.

None of the plaintiffs in the lawsuit, including a disabled veteran of the U.S. Marine Corps, a U.S. Army veteran, and a U.S. Air Force veteran, have been told why they are on the list

or given a meaningful chance to clear their names. Yet, they have been prevented from visiting relatives, accessing employment and educational opportunities, and-for those stranded

abroad-returning home to their families, jobs, and needed medical care in the United States.

As a result of the ACLU's lawsuit, several of the plaintiffs who were stranded outside of the United States and wished to return were recently allowed to do so.

HERE IS A GLANCE AT A FEW OF THE COURAGEOUS PEOPLE WHO ARE PART OF THE LAWSUIT:

AYMAN LATIF, a U.S. citizen and disabled Marine veteran living in Egypt who has been

barred from flying to the United States. As a result, he cannot take a required Veterans'

Administration disability evaluation or bring his two young children to visit family in the

US:

ADAMA BAH, a citizen of Guinea who was granted political asylum in the United

States, where she has lived since she was two, was barred from flying from New York to

Chicago for work.

HALIME SAT, a German citizen and lawful permanent resident of the United States lives

in California with her U.S.-citizen husband. She was barred from flying from Long Beach,

California to Oakland to attend a conference and has since had to cancel plane travel to

participate in educational programs and her family reunion in Germany.

IBRAHEIM (ABE) MASHAL, a U.S. citizen and veteran of the U.S. Marine Corps, is a

traveling dog trainer and father of three. He is unable to serve clients who are not within

driving distance of his Illinois home because he is unable to board a plane.

`Thousands of people have been placed on the No Fly list in recent years. Those placed on

the list while inside the United States have been prevented from traveling to visit relatives,

for work, or access to educational opportunities.

The government has provided no process for individuals denied boarding on commercial

flights to or from the United States or over U.S. airspace to find out the reasons for their

inclusion on the No Fly List or to rebut the evidence or innuendo against them. |

The Constitution does not permit such a fundamental deprivation of rights to be carried

out under a veil of secrecy and in the absence of due process.

Halime Sat

Adama Bah

Ibraheim (Abe) Mashal

6 | ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF

=

- WHAT HAPPENS IN ARIZONA STOPS IN ARIZONA

he ACLU has been among the country's most vociferous and unrelenting opponents of Arizona's

anti-immigrant legislation, SB 1070. Turning collective anger over the measure into creative

action, ACLU affiliates across the country issued "travel alerts" on the eve of the Memorial Day

holiday informing individuals of their rights should they be stopped by law enforcement when

traveling in Arizona.

"We hope the alerts provide people with some measure of protection from illegal harass-

ment from law enforcement and inform them of their rights should they encounter it,"

said ACLU Executive Director Anthony Romero.

SB 1070 requires law enforcement agents to demand "papers" from people they stop who

they suspect are not authorized to be in the U.S. Most recently, the ACLU joined a broad

coalition of civil rights groups in filing a friend-of-the-court brief in the U.S. Court of

Appeals for the Ninth Circuit, urging the court to keep in place an injunction blocking

the core provisions of SB 1070.

"Since this discriminatory bill was signed, we have seen cases of racial profiling and

unlawful detentions increase, and our communities are acutely aware of what more

could happen if the bill is enacted," said Alessandra Soler Meetze, Executive Director

of the ACLU of Arizona.

"We believe the courts will ultimately find that all of SB 1070 is unconstitutional and

strike it down. We filed this brief to show the court that there will be a terrible human

cost if the partial injunction is lifted."

WHAT'S GOING ON? RACIAL "MAPPING" AND

SURVEILLANCE IN NORTHERN CALIFORNIA

and why?

populations.

These are the key questions that underlie the ACLU's desire to un-

cover details about a new FBI program created to collect and

analyze information about racial and' ethnic demographics,

istics" in local communities with concentrated ethnic

Thirty-two ACLU affiliates across the coun-

try, including the ACLU of Northern

California, filed Freedom of Informa-

tion Act (FOIA) requests about the

program with Federal Bureau of Inves-

tigation (FBI) field offices in July.

In a different but related effort in

August, the ACLU has taken another

re federal agents creating a racial "map" of your neighborhood based on

the ethnic makeup of the people who live there? If they are, then how,

stand for transparency by filing a lawsuit against the FBI in hopes of speeding

the release of FBI records on the investigation and surveillance of Muslim

communities in the Bay Area.

"behaviors," cultural traditions, and "life style character-

The goal is to understand whether and how the FBI is investigating Islamic

centers and mosques; using undercover agents and informants; training

agents in Islam and Muslim culture; and using race, religion and national

origin in- deciding whom to investigate.

The call to share information with the public stems from concerns by the

ACLU and others over whether surveillance tactics have had a chilling effect

on the right to worship freely or to exercise other forms of expression as well -

as broader community concerns and anxiety over surveillance tactics.

The FBI agreed to expedited processing of the original FOIA request in

March, but the government has yet to provide a single document.

ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF | i

WHY THE PROP. 8 DECISION MATTERS

By James Esseks

y now youve surely heard about the smashing victory

in the Perry v. Schwarzenegger federal marriage case in

San Francisco. It's a historic ruling that strikes down Prop.

8 because it violates the federal Constitution. The decision

makes some big contributions to the law, but it's the court's

factual findings that are likely to be most important in terms

of changing the dialogue in America about marriage.

What sets this case apart is that the court held a full trial,

at which both sides got to present evidence, and the judge

could then sort fact from fiction. The folks fighting marriage

for same-sex couples are pushing a lot of fiction, so it's great

to have a judge bring a measure of reality back to the con-

versation.

`Three of Judge Vaughn Walker's factual findings stand out.

First, he rejected the assertion that kids need a married mom

and dad, and that restricting marriage to different-sex couples

ensures that more kids are raised in that kind of household.

In his decision, Judge Walker wrote that the evidence at trial

showed that "same-sex parents and opposite-sex parents are

of equal quality," and "Proposition 8 does not make it more

likely that opposite-sex couples will marry and raise offspring

biologically related to both parents." State courts addressing

challenges to parenting restrictions have come to the same

conclusions, but it's great to have a federal court reinforce

these findings.

Second, the judge held that there is no

material difference between same-sex and

different-sex relationships. Judge Walker

wrote in the decision:

Like opposite-sex couples, same-sex

couples have happy, satisfying relationships

and form deep emotional bonds and strong

commitments to their partners. Standard-

ized measures of relationship satisfaction,

relationship adjustment and love do not

differ depending on whether a couple is

same-sex Or Opposite-sex.

By Rebecca =

"KEEPING | YOUR GENETIC

INFORMATION OUT OF

`GOVERNMENT HANDS

_ Activist Lily Haskell was forced to turn over a DNA.

sample after she was arrested at a peace rally in San

Francisco, even though she was later released without

any charges. Under Proposition 69, a voter-enacted law,

anyone arrested on suspicion of a felony in California is

required to provide a DNA sample. DNA samples that

are collected are analyzed and uploaded to a criminal

databank accessible to local, state, and national law en-

forcement agencies.

An ACLU-NC lawsuit, Haskell v. Brown, is challeng-

ing the law because it violates constitutional guarantees of

privacy and freedom from unreasonable search and seizure.

The law also has a disproportionately harmful impact on

communities of color. The firm Paul, Hastings, Janofsky

Walker LLP is litigating the case with ACLU-NC on

a pto bono basis. The ACLU-NC tecently argued the suit

before the Ninth Circuit Court of Appeals, and is awaiting

a oe

PROTECTING STUDENTS' PRIVACY

`The ACLUNGs at challenging a mandatory udent

drug testing policy in Redding i is advancing, with pro-bono

Third, Judge Walker held that the Prop. 8 proponents

could not identify any factually verifiable way in which al-

lowing same-sex couples to marry would harm different-sex

couples. Indeed, prior to trial, when the judge pressed the lead

lawyer for the proponents about how straight people would

be harmed, he responded: "Your honor, my answer is: I don't

know. I don't know." Stunning.

Those questions - whether gay people are bad for kids,

whether our relationships are the same or different from those

of straight people, and how exactly allowing us to marry

would harm heterosexual marriages - are key touchstones of

the marriage debate all across the country. To have them not

only answered, but demolished on the facts after a full trial, is

a turning point in the national discussion of this issue.

The ACLU, along with Lambda Legal and the National

Center for Lesbian Rights, filed a friend-of-the court brief in

support of the plaintiffs.

The trial has made plain that the other side's arguments,

and its passion on the issue, are based not on any real harm

stemming from allowing us to marry, but on misconceptions

about us and our relationships.

The decision is a time to celebrate, but our work is far from

done. While this case makes its way to the Supreme Court, it's

critical that we continue to fight for same-sex marriage bills

in other states. After all, the more victories

we win, the harder it will be for extrem-

ists intent on blocking our progress to be

successful. Join us taking a pledge to keep

working until same-sex couples are allowed

to marry all across the country. 0x2122

This article is adopted from a blog

post that appeared on Daily Kos on

Alngmse D, 2010.

James Esseks is the Director of the

AUCILO JUGS IE Ge AWUDS, JPpaieacts:

LEGAL BRIEFS

assistance from the law firm Pillsbury Winthrop Shaw

Pittman LLP. The suit seeks to end the Shasta Union High

School District's policy of requiring students to submit

to random drug testing in order to participate in school-

related activities, including choir, the science bowl, and the

mock trial team. This mandatory, suspicionless drug testing

violates students right to privacy under the California

Constitution.

The suit has won two early and promising rulings

since its filing in December 2008. In May 2009, the

trial court issued a preliminary injunction sought by the

ACLU-NC, halting the district's drug testing prem as

the case proceeds.

The latest victory came in September 2010, when

the California Court of Appeal upheld the prelimi-

nary injunction, in an opinion written by California

Chief Justice nominee [ani Cantil- Sakauye. As the case

continues, the ACLU-NC will continue to argue that

the mandatory testing impedes students' ability to par-

ticipate in educational activities and intrudes on their

privacy. _

VICTORY FOR NATIVE AMERICAN

STUDENTS |

The ACLU-NC reached ; a settlement on behalf of

Native American students on California's remote

far northern coast who were negatively impacted by

a school closure on the Yurok reservation. Only one

PROTECTING THE LEGAL RIGHTS

OF IMMIGRANTS -

CONTINUED FROM PAGE 1

is mandatory, when in fact, police and sheriffs may

exercise discretion in responding to these requests.

In coalition with immigrant rights organizations,

the ACLU has helped lead a national effort to stem the

abuse of detainers, calling on ICE to revise its policy.

IN AUGUST, ICE HEAD JOHN MORTEN

DECLARED THAT ICE'S POLICY ON

DETAINERS WOULD BE REVISED,

A MOVE THAT APPEARS TO BE IN

DIRECT RESPONSE TO THE ACLU'S

LAWSUIT ON BEHALF OF SONOMA

RESIDENTS WHO WERE VICTIMS OF

RACIAL PROFILING AND UNFAIRLY

DETAINED. MORTON'S DIRECTIVE IS

ALSO A TACIT ADMISSION THAT ICE

HAS USED DETAINERS IN WAYS NOT

AUTHORIZED BY LAW.

`The victory is expected to have national impact.

In a letter to Secretary Janet Napolitano of the

U.S. Department of Homeland Security, the ACLU

and allies have provided extensive input on detainer

reforms to ensure that due process and equal treat-

ment are restored.

Most importantly, the ACLU recommends that

ICE issue detainers only after a conviction has been

obtained, that youth be excluded from detainers, and

that at the time a detainer is issued, that each person

who is detained receive a notice of their rights and a

clear mechanism to challenge their detention. 0x2122

school in Del Norte County provides instruction in

Yurok language and culture. A majority of the students

_ who attend that school, Margaret Keating eo

School, are Native American.

Yurok students suddenly faced a closure of grades 6-8

at their school in 2005, despite the fact that the school

was the only one to be closed. The Del Norte County

school district reassigned them to a school off the reser-__

vation in Crescent City, forcing students to spend up to

three hours roundtrip each day on a bus.

After receiving community complaints, the ACLU- (c)

NC and the law firm Covington and Burling LLP filed

a class-action lawsuit on behalf of Native American

"students impacted by the closure, arguing that it con-

stituted racial discrimination. After negotiating with

the district, the ACLU-NC reached a settlement that

creates changes in school policy and practices that _

will ease the lingering purden on Native American

students.

The district is also creating an afterschool program

that teaches Yurok language and culture and reduc-

ing transportation burdens by providing additional

bus service for the students displaced from Margaret

Keating Elementary School who live on the Yurok

reservation. 0x2122

Rebecca Aare is the ACLU-NC Media Relations

Director.

8 | ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF

REPRODUCTIVE RIGHTS:

SOPHIA YEN PUTS HER PASSION TO WORK

iB Sophia Yen's parents in-

stilled a taste for philanthropy

in her when she was quite young. ,

"When I was in fourth grade, my

parents told me they would match

my donation to the organization of

my choice. I saved up enough to

give $50 to World Vision - which

doubled to $100 with my parents'

donation."

Since then, Dr. Yen's charitable

giving has taken new forms, but

philanthropy continues to be a

family affair. Her parents formed

a family foundation based on

a lifetime of hard work, success

and a little luck. Every year, each

member of the family decides

how to allocate a portion of the

foundation's charitable budget.

Last yeat, Dr Yen directed a

generous grant from the founda-

tion to the ACLU Foundation of

Northern California for our work

protecting the rights of adoles-

cents to reproductive health services and information.

Adolescents' access to confidential reproductive health care

is Dr. Yen's passion. She serves on the Board of Directors for

the Center for Reproductive Rights and works as a Clinical

Instructor for the Teen and Young Adult Clinic at the Lu-

cile Packard Children's Hospital and the Stanford University

School of Medicine.

Dr. Yen views speaking out on behalf of adolescents as her

"My ACLU" is a new way for you to defend the rights and freedoms you cherish-here in California and

in the country as a whole-by getting family and friends to join the ACLU. :

Through the campaign website, www.myaclu.org, you can create your own webpage and reach out to

people in your circle who would want to connect with the ACLU.

For every 10 members you get to join and make a donation of at least $20 - or every 5 who join and

donate at least $10 monthly - the California My ACLU Campaign will provide, if you choose, a $100 0x00B0

Civil Liberties Scholarship for you, your child, or other person in your life, plus the ACLU California

Affiliates will provide a $100 Civil Liberties Grant to a club, school or community group that you

recommend. You can also decline the scholarship and double the grant.

Dr. Yen holding her youngest daughter, center, and familiy.

unique contribution to the reproductive rights movement.

"These young people don't have the right to vote," she says,

"and they often don't have a voice. I'm able to fight for them

on their behalf, to make sure they have access to accurate in-

formation and the full range of contraceptive options."

Dr. Yen also wants to release our cultural concept of "moral-

ity" from the grip of the religious right. She sees reproductive

freedom as an extension of our freedom of religion. "America

The more people who join

the ACLU, the more people

can take action together to

defend our Constitutional

rights in their community

in California - and across

the country.

information or

visit www.

POR more

to register,

myaclu.org.

was founded on the freedom of re-

ligion and even people of the same

religion disagree on when life be-

gins or whether abortion is moral.

Thus, the decision about abortion

should be left to the individual and

not to politicians."

Dr. Yen believes the reproduc-

tive rights movement will be well-

served to remember to include out-

reach to Asian-Americans. "During

the No on 4 campaign, there was

no planned outreach to the Asian-

American media," she said. "But

most Chinese-Americans and Tai-

wanese- Americans are pro-choice.

When this was brought up to the

ACLU, action was taken." In col-

laboration with Asian Communi-

ties for Reproductive Justice, the

ACLU took immediate action to

make sure a press conference was

held. It was because of this fast

response. that Dr. Yen decided to

become an ACLU donor.

She also hails ACLU-NC staff attorney Maggie Crosby as

part of the inspiration for her donations to the ACLU. Crosby

has been the leading legal force behind California's pro-choice

laws for over 30 years. "Maggie is absolutely amazing for what

she's done for young people. Under Maggie's leadership," Dr.

Yen says, "the ACLU has a great track record for defending

adolescents' reproductive rights." 0x2122

FACEBOOK PRIVACY UPDATE

he social networking giant Facebook recently launched

a new location-based service, called Places, which allows

users to "check in" at restaurants, bars, concerts, and such, and

to share these check-ins with their network. The company has

come under a great deal of fire previously from the ACLU-NC

and other privacy groups for leaving user privacy in the dust as

it expanded its services. This time around, Facebook built in

some safeguards to protect sensitive location-based informa-

tion but failed to take other important steps to protect privacy.

Read more about how to optimize your Facebook privacy set-

tings at www.dotrights.org/social-networking.

Give and receive...

payments for life.

With a charitable gift annuity, when you make a donation of

cash or securities of $5,000 or more to the ACLU Foundation,

you receive fixed guaranteed payments for life. You will be

eligible for an income tax deduction and receive substantial

capital gains tax savings on gifts of appreciated stock. Your

payment rate is based on your age at the time of your gift and

you must be at least 60 years of age when payments begin.

You may even be able to use real estate, art work, or other

property to generate lifetime payments while supporting

civil liberties.

Have Questions?

htte://www.aclu.org/annuity Age

Email: legacy@aclu.org 60

Toll-free: 877-867-1025 65

70

aS

AMERICAN CIVIL LIBERTIES UNION 70

This information is not intended as tax or legal advice. We recommend

that you consult with your legal and financial advisors to learn how a gift

would work in your circumstances. Laws and regulations governing all

gifts and availability of certain life incdme gifts vary by state.

ACLU BECAUSE FREEDOM CAN'T PROTECT ITSELF | 9