vol. 79, no. 2

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AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA


4 Know Your Rights at school


3 One man's story of racial profiling


7 Meet our volunteer chapter chairs


8 Meet our new board chair


CENTER INSERT:


The Year in Review


NonProfit


Organization


U.S. Postage


PAID


Permit No. 4424


San Francisco, CA


American Civil Liberties Union Foundation


39 Drumm St.


San Francisco, CA 94111


LETTER FROM THE


EXECUTIVE DIRECTOR


e have entered a new era of work around religion at the


ACLU, as we continue to see religion be the center of


controversies around the country. The use of religion as a basis


for discrimination and attacks on the separation of church and


state are on the rise, but so are attacks on religious freedom.


We continue to fight the classic church/state battles that


began with the historic Scopes trial, when Tennessee tried to


ban the teaching of evolution in 1925. That case opened doors


for our organization and set the standard for so many cases


that would follow.


We saw an example of the separation of church and state


fight recently right here in northern California, in the Sierra


Foothills. The Board of Supervisors of Calaveras County voted


to adopt a resolution recognizing a nonprofit Christian ministry


for "inviting [women] to test and see for themselves the many


blessings that can come from living the teachings of Christ."


The government essentially chose to endorse a religion


rather than praise the work of an organization. We had to


remind them that the California constitution prevents them


from promoting specific religions. In March, after the ACLU


of Northern California filed suit on behalf of nine residents,


the board voted to repeal the resolution.


Around the country, our success in seeking equality for les-


bian, gay, bisexual and transgender people has led to a wave


of proposed laws intended to allow discrimination, with re-


ligion as a cover. While national outrage and pressure from


the business community led to the defeat or improvement of


many of these proposed laws, others made it through. North


Carolina passed a law that lets magistrates-government


employees-choose not to perform marriages based on their


religious beliefs. Michigan passed a law that allows religiously-


afhliated adoption agencies to discriminate in their placement


of children, even though they receive public funds.


Here in California, we have universities using religion as


an excuse to limit their employees' access to essential repro-


ductive healthcare. Two Roman Catholic colleges that receive


public funds, Loyola Marymount University and Santa Clara


University, purchased health plans that covered abortion only


for life-threatening pregnancies. State officials-acting with


our support and advice-clarified that health plans purchased


in California must cover abortion. But with an ever-growing


number of health care institutions becoming Catholic-afhliat-


ed and additional religious refusals coming to our attention,


our fight is far from over.


CONTINUED ON PAGE 2


(-


VISIT WWW.ACLUNC.ORG TO READ MORE


BOARD ELECTION NOTICE


The ACLU-NC Board of Directors, in accordance with changes adopted in the bylaws in 2003 (Article VI, Section 3


and Article VI, Section 4), have an election schedule as follows:


Nominations for the Board of Directors will now be submitted by the September Board meeting; candidates and bal-


lots will appear in the Fall issue of the ACLU News; elected board members will begin their three-year term in January.


As provided by the revised ACLU-NC bylaws, the ACLU-NC membership is entitled to elect its Board of Directors di-


rectly. The nominating committee is now seeking suggestions from the membership to fill at-large positions on the Board.


ACLU members may participate in the nominating process in two ways:


1. They may send suggestions for the nominating committee's consideration prior to the September Board meeting


(Sept. 10, 2015). Address suggestions to: Nominating Committee, ACLU-NC, 39 Drumm Street, San Francisco,


CA 94111. Include your nominee's qualifications and how the nominee may be reached.


2. They may submit a petition of nomination with the signatures of 15 current ACLU-NC members. Petitions of


nomination, which should also include the nominee's qualifications, must be submitted to the Board of Directors by


Sept. 30, 2015 (20 days after the September board meeting). Current ACLU members are those who have renewed


their membership during the last 12 months. Only current members are eligible to submit nominations, sign peti-


tions of nomination, and vote. No member may sign more than one such petition.


ACLU members will select Board members from the slate of candidates nominated by petition and by the nominating


committee. The ballot will appear in the Fall issue of the ACLU News.


,


a


Photos by Susana Millman


s


BENEFACTORS DINNER


ae, ACLU Freedom Circle supporters


gathered at The Omni San Francisco for the


annual ACLU of Northern California Benefactors


Dinner to hear about our growing presence in


Sacramento and the Central Valley. The evening's


program featured Director of the ACLU of CA


Center for Advocacy and Policy Natasha Minsker,


ACLU-NC Staff Attorney Novella Coleman, and


activist Ashton Lee.


If you would like information about the Freedom


Circle, please contact Elisa Perez-Selsky at giving@


aclunc.org.


Top to bottom, left to right:


Amy Weinberg and Zac Weinberg. James B. Blume,


Abdi Soltani, Marsha Rosenbaum, and Anne Irwin.


ca Minsker, Novella Coleman, and Ashton Lee.


wy,


PAL PED REP LEY


a ee aoe


ON Or NORTHE


r


Membership ($25 and up) includes a subscription to the


ACLU News. For membership information call


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


CHAIR


EXECUTIVE DIREC ROR


2D VOReIIN=Clalilelr


MANAGING EDITOR


DESIGNER


PROOFREADER


Beverly Tucker


Abdi Soltani


Rebecca Farmer


Gigi Pandian


Jessie Seyfer


39 Drumm Street, San Francisco, CA 94111


(AS) 621-2493


EDITOR@ACLUNC.ORG


With a Single Sentence,


Can Defend Freedom


Now and Forever


Right now, by adding the ACLU to your


will, you can leave a legacy of Uberty


for generations to come and defend our


freedom today.


Through the Legacy Challenge, simply


including a gift in your future plans can


qualify the ACLU to receive a 20% cash


matching donation today from our generous


challenge donor.


For simple bequest language to include in


your will and for information on other gifts


that qualify for the Legacy Challenge, visit


WWW ACLU. ORG/LEGACY


or call (415) 293-6367 ext. 367.


AMERICAN CIVIL LIBERTIES UNION


LEGACY


CHALLENGE


LETTER FROM THE


EXECUTIVE DIRECTOR


CONTINUED FROM PAGE 1


Yet we've also seen emerging trends like government agen-


cies intruding on religious freedom. One of the most tangible


examples is the FBI going into mosques on the grounds of


fighting terror. Under that guise, the FBI conducted surveil-


lance on Northern California's Arab, Middle Eastern, Muslim


and South Asian communities. They investigated Islamic


centers, assessed religious leaders and infiltrated communities


using undercover agents and informants. These agents were


using race and religion to decide who to investigate and then


refusing to release information related to the surveillance cit-


ing its use for law enforcement purposes.


`These tactics have a chilling effect on the right to worship


freely. The ACLU of Northern California joined the Asian Law


Caucus and the San Francisco Bay Guardian to file a Freedom


of Information Act request asking the FBI to share the infor-


mation so we could better understand exactly what they were


"investigating." They fought us but in March, a federal judge


in San Francisco ruled the FBI couldn't shield the collected in-


formation from the public and the records were finally released.


Those documents were extremely helpful in exposing the FBI's


biased approach to targeting communities based on religion.


`These vast and varied cases prove that this problem persists.


Religious freedom is a core American value, and one that we


must continue to fight for generation after generation. In the


90 years since the Scopes case, our work in this area has taken


on many different forms, but it remains a key priority. We will


remain vigilant in the fight.


Abdi So | :


Abdi Soltani


Executive Director


DESILVER SOCIETY LUNCHEON


OF May 8, ACLU-NC supporters gathered in San Francisco for a conversation about today's fight for civil


liberties. Susan Herman, ACLU President, and Abdi Soltani, ACLU-NC Executive Director led a discussion


of the ACLU's most current work nationwide on issues of national security, surveillance, and individual rights.


Photos by Jocelyn Wong


Left: Susan Herman and Abdi Soltani. Top right: Lawrence Lerner and Narcinda Lerner.


Bottom right: Abdi Soltani, Margaret Ropchan, and Tom Perez.


TSA AGREES TO STOP RACIAL PROFILING


IN HAIR PAT-DOWNS


Bae this year, on the ACLU-NC blog, I shared my experiences and that of ACLU-NC client, Malaika


Singleton, Ph.D. I described how a Transportation Security Administration (TSA) agent suddenly grabbed


my hair without any warning and squeezed it from top to bottom after I had passed through the advanced


imaging technology body scanner at the airport. But this did not happen to me just once. I was selected for


hair pat-downs during three out of four trips I took over just one year.


By Novella Coleman


Unfortunately, these hair pat-downs are part of a disturb-


ing trend of unwarranted and racially discriminatory hair


searches targeting black passengers. In response, the ACLU-


NC filed complaints with TSA in which we identified the seri-


ous constitutional implications of subjectively treating black


women's hair as a threat to national security simply for being


different-not to mention the time and resources wasted on


screening people based on things that have nothing to do with


airport security.


As a result, the ACLU-NC and TSA entered into an agree-


ment to help protect against implicit and overt racial biases


during airport screenings. TSA's Office of Civil Rights and Liber-


ties agreed to conduct trainings with a special emphasis on hair


pat-downs of black passengers for TSA employees. The agency


conducted a series of trainings for supervisors and managers at


Los Angeles International Airport (LAX) in late April.


I was invited to the first series of trainings at LAX, which


was meant to give officers clarity on TSA procedures for hair


pat-downs and to make sure that all passengers are treated


fairly and with respect, regardless of how they wear their hair.


Based on the feedback provided by me and other attendees


of the LAX training, the training will be modified and rolled


( #)


LOVE WINS! SAME-SEX


COUPLES NOW HAVE THE


FREEDOM TO MARRY IN


ALL 50 STATES


ber U2Se) Supreme Cour an the landmark


decision Obergefell v. Hodges recognized the


freedom to marry for same-sex couples around the


country. In an opinion authored by Justice Kennedy,


who also wrote other winning opinions for the LGBT


movement, including United States v. Windsor (2013),


the Court held that excluding same-sex couples from


marriage violated the Constitution's Equal Protection


and Due Process guarantees. From the opinion:


It is now clear that the challenged laws burden the


liberty of same-sex couples, and it must be further


acknowledged that they abridge central precepts of


equality. Here the marriage laws enforced by the re-


spondents are in essence unequal: same-sex couples


are denied all the benefits afforded to opposite-sex


couples and are barred from exercising a funda-


mental right. Especially against a long history of


disapproval of their relationships, this denial to


same-sex couples of the right to marry works a


grave and continuing harm. The imposition of this


disability on gays and lesbians serves to disrespect


and subordinate them. And the Equal Protection


Clause, like the Due Process Clause, prohibits this


unjustified infringement of the fundamental right


to Marry.


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out to all TSA-secured airports throughout the country.


In order to ensure this discriminatory practice is eliminated,


it is important that passengers file a complaint when they are


subjected to discriminatory treatment by TSA agents. If you


think you have been targeted for an unwarranted and racially


discriminatory hair search, you can file a complaint online at


www.tsa.gov or via email to TSA-CRL@tsa.dhs.gov. @


Novella Coleman is a staff attorney at the ACLU of


Northern California.


Novella Coleman


LEGAL UPDATES


By Bethany Woolman


Reforming Criminal Justice


In 2014, California voters passed Proposition 47-a historic


initiative supported by the ACLU that reduced the penalties


for some low-level offenses, including simple drug possession


and petty theft, from felonies to misdemeanors.


In March 2015, the ACLU-NC sent a letter urging the First


District Court of Appeals to hear the Contra Costa County


Public Defender's appeal of the Superior Court's ruling that


denied Prop 47 resentencing relief to persons with convictions


begotten from plea bargains, as opposed to trials. The court


heard the case and found that plea bargain convictions are


in fact eligible for misdemeanor resentencing under Prop 47.


In April, the ACLU of California filed an amicus brief in


the Fourth District Court of Appeals challenging San Diego


County's denial of Prop 47 resentencing relief to juveniles.


The appeal is ongoing, but a victory would create precedent


throughout the state and give thousands of minors in San Di-


ego County a fresh start.


We continue to monitor and, where appropriate, engage


in advocacy on Prop 47 resentencing issues around the state.


Severe Health Risks at Immigrant


Detention Centers


The ACLU of Northern California has sent a letter urging


U.S. Immigration 8 Customs Enforcement (ICE) demand-


ing that the agency halt transfers of immigrant detainees to


a privately operated facility known as "Mesa Verde," out of


grave concerns for the detainees' health.


Mesa Verde is located in a region that has high rates of a


disease also known as Valley Fever, or "death dust." The disease


can be life-threatening and require a lifetime of medical treat-


men-and people who are Filipino, Pacific Islanders, African,


and Latino are disproportionately at risk for severe cases. The


public health concern is so dire that more than 2,000 inmates


were moved from Central Valley prisons earlier this year.


"We are continuing to put pressure on ICE to pause all


immigration detention at the facility until appropriate safety


measures are put in place," said ACLU-NC Senior Staff At-


torney Julia Mass.


Challenging the Brass Ceiling


In 2012, in the case Hegar, et al. v. Hagel, the ACLU of North-


ern California brought a lawsuit on behalf of four military


women who served in Afghanistan and Iraq, challenging the


long-standing discriminatory policy banning women from be-


ing assigned to combat units and jobs. The outdated policy


didn't match the reality that women are already serving in


combat positions unofficially, but aren't recognized for their


service in pay and promotions.


In response, the Department of Defense announced that it


was rescinding its policy. But women continue to be excluded


from serving and the Pentagon is not intending to meet the


January 2016 deadline for integrating women into combat


positions.


"We are losing a generation of leaders while the Depart-


ment of Defense drags its feet," said ACLU-NC Senior Staff


Attorney Elizabeth Gill. "In the meantime, our lawsuit con-


tinues." @


Read more about the ACLU-NC's legal docket online at


www.aclunc.org/legal-docket.


E


KNOW YOUR RIGHTS!


arlier this year, we realized we had a problem. The ACLU had fought hard to enact positive changes


in California laws. We won several of those battles-such as AB 420 addressing the concept of willful


defiance and SB 1111 addressing involuntary transfers-which resulted in some of our existing Know Your


Rights materials needing to be updated. It was a good problem to have, so we jumped in to update our pub-


lic education materials. Below is the text of our new school discipline guide for students in public schools.


Find this and more at www.aclunc.org/kyr.


KHOW YOUR RIGHTS: SCHOOL SUSPENSIONS


What is suspension?


Suspension is a form of school discipline which


temporarily removes you from a class or from school.


Your school may prohibit you from school grounds, a


classroom, or place you in a supervised ("in-school")


suspension classroom separate from other students.


1. When can my school suspend me?


ACLUN_1981.MODS ACLUN_1981.batch ACLUN_1982 ACLUN_1982.MODS ACLUN_1982.batch ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1984.batch ACLUN_1985 ACLUN_1985.MODS ACLUN_1985.batch ACLUN_1986 ACLUN_1986.MODS ACLUN_1986.batch ACLUN_1987 ACLUN_1987.MODS ACLUN_1987.batch ACLUN_1988 ACLUN_1988.MODS ACLUN_1988.batch ACLUN_1989 ACLUN_1989.MODS ACLUN_1989.batch ACLUN_1990 ACLUN_1990.MODS ACLUN_1990.batch ACLUN_1991 ACLUN_1991.MODS ACLUN_1991.batch ACLUN_1992 ACLUN_1992.MODS ACLUN_1992.batch ACLUN_1993 ACLUN_1993.MODS ACLUN_1993.batch ACLUN_1994 ACLUN_1994.MODS ACLUN_1994.batch ACLUN_1995 ACLUN_1995.MODS ACLUN_1995.batch ACLUN_1996 ACLUN_1996.MODS ACLUN_1996.batch ACLUN_1997 ACLUN_1997.MODS ACLUN_1997.batch ACLUN_1998 ACLUN_1998.MODS ACLUN_1998.batch ACLUN_1999 ACLUN_1999.MODS ACLUN_1999.batch ACLUN_2000 ACLUN_2000.MODS ACLUN_2000.batch ACLUN_2001 ACLUN_2001.MODS ACLUN_2001.batch ACLUN_2002 ACLUN_2002.MODS ACLUN_2002.batch ACLUN_2003 ACLUN_2003.MODS ACLUN_2003.batch ACLUN_2004 ACLUN_2004.MODS ACLUN_2004.batch ACLUN_2005 ACLUN_2005.MODS ACLUN_2005.batch ACLUN_2006 ACLUN_2006.MODS ACLUN_2006.batch ACLUN_2007 ACLUN_2007.MODS ACLUN_2007.batch ACLUN_2008 ACLUN_2008.MODS ACLUN_2008.batch ACLUN_2009 ACLUN_2009.MODS ACLUN_2009.batch ACLUN_2010 ACLUN_2010.MODS ACLUN_2010.batch ACLUN_2011 ACLUN_2011.MODS ACLUN_2011.batch ACLUN_2012 ACLUN_2012.MODS ACLUN_2012.batch ACLUN_2013 ACLUN_2013.MODS ACLUN_2013.batch ACLUN_2014 ACLUN_2014.MODS ACLUN_2014.batch ACLUN_2015 ACLUN_2015.MODS ACLUN_2015.batch ACLUN_2016 ACLUN_2016.MODS ACLUN_2017 ACLUN_2017.MODS ACLUN_2018 ACLUN_2018.MODS ACLUN_2019 ACLUN_2019.MODS ACLUN_ladd ACLUN_ladd.MODS add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log Your school cannot suspend you for just anything. It


can suspend you only for behavior explicitly listed in


the California Education Code.


cent Your school cannot suspend you for school absences


or tardiness.


cent A school cannot suspend students below the fourth


grade from school or place them in "in-school"


suspension for "willful defiance."


ACLUN_1981.MODS ACLUN_1981.batch ACLUN_1982 ACLUN_1982.MODS ACLUN_1982.batch ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1984.batch ACLUN_1985 ACLUN_1985.MODS ACLUN_1985.batch ACLUN_1986 ACLUN_1986.MODS ACLUN_1986.batch ACLUN_1987 ACLUN_1987.MODS ACLUN_1987.batch ACLUN_1988 ACLUN_1988.MODS ACLUN_1988.batch ACLUN_1989 ACLUN_1989.MODS ACLUN_1989.batch ACLUN_1990 ACLUN_1990.MODS ACLUN_1990.batch ACLUN_1991 ACLUN_1991.MODS ACLUN_1991.batch ACLUN_1992 ACLUN_1992.MODS ACLUN_1992.batch ACLUN_1993 ACLUN_1993.MODS ACLUN_1993.batch ACLUN_1994 ACLUN_1994.MODS ACLUN_1994.batch ACLUN_1995 ACLUN_1995.MODS ACLUN_1995.batch ACLUN_1996 ACLUN_1996.MODS ACLUN_1996.batch ACLUN_1997 ACLUN_1997.MODS ACLUN_1997.batch ACLUN_1998 ACLUN_1998.MODS ACLUN_1998.batch ACLUN_1999 ACLUN_1999.MODS ACLUN_1999.batch ACLUN_2000 ACLUN_2000.MODS ACLUN_2000.batch ACLUN_2001 ACLUN_2001.MODS ACLUN_2001.batch ACLUN_2002 ACLUN_2002.MODS ACLUN_2002.batch ACLUN_2003 ACLUN_2003.MODS ACLUN_2003.batch ACLUN_2004 ACLUN_2004.MODS ACLUN_2004.batch ACLUN_2005 ACLUN_2005.MODS ACLUN_2005.batch ACLUN_2006 ACLUN_2006.MODS ACLUN_2006.batch ACLUN_2007 ACLUN_2007.MODS ACLUN_2007.batch ACLUN_2008 ACLUN_2008.MODS ACLUN_2008.batch ACLUN_2009 ACLUN_2009.MODS ACLUN_2009.batch ACLUN_2010 ACLUN_2010.MODS ACLUN_2010.batch ACLUN_2011 ACLUN_2011.MODS ACLUN_2011.batch ACLUN_2012 ACLUN_2012.MODS ACLUN_2012.batch ACLUN_2013 ACLUN_2013.MODS ACLUN_2013.batch ACLUN_2014 ACLUN_2014.MODS ACLUN_2014.batch ACLUN_2015 ACLUN_2015.MODS ACLUN_2015.batch ACLUN_2016 ACLUN_2016.MODS ACLUN_2017 ACLUN_2017.MODS ACLUN_2018 ACLUN_2018.MODS ACLUN_2019 ACLUN_2019.MODS ACLUN_ladd ACLUN_ladd.MODS add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log Your school may only suspend you for conduct re-


lated to a school activity or school attendance. This


includes conduct at school, during school-sponsored


activities, and on your way to and from school.


2. What must my school do before it suspends me?


cent Your school must first try other interventions to


change your behavior. Your school may only sus-


pend you after other interventions fail, unless your


behavior is serious, violent, or dangerous to others.


cent Other interventions can include conferences with


your parents, referrals to counselors or psychologists,


or anger management programs. School districts


should also document the interventions they use.


3. What are my rights during the suspension process?


cent You have the right to an informal pre-suspension


conference with school or district staff, unless there


is an emergency situation.


cent You have other rights during the process including


the right to tell your side of the story and present ev-


idence in the conference before you are suspended.


4. What are my rights after a final decision of


suspension?


cent Your school must send a written notice of its deci-


sion to your parents/guardians.


cent Your school cannot suspend you for more than five


days in a row or for more than 20 total school days


in one school year.


cent You may have the right to appeal your school's final


decision.


KNOW YOUR RIGHTS: SCHOOL EXPULSIONS


What is expulsion?


Expulsion means your school district prevents you from


attending traditional schools in your school district.


1. When can my school expel me?


cent Your school is required to expel you only for the


following behaviors: possessing or selling firearms,


threatening another person with a knife, selling a


controlled substance, attempting or committing a


sexual assault, possessing an explosive, or inflicting


serious bodily injury.


cent Your school may choose to expel you for other


behavior, but only behaviors explicitly listed in the


California Education Code.


cent Your school may expel you only for conduct on


school grounds or at a school related activity off


school grounds.


cent You cannot be expelled from your school for "willful


defiance."


2. What must my school do before it expels me?


ACLUN_1981.MODS ACLUN_1981.batch ACLUN_1982 ACLUN_1982.MODS ACLUN_1982.batch ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1984.batch ACLUN_1985 ACLUN_1985.MODS ACLUN_1985.batch ACLUN_1986 ACLUN_1986.MODS ACLUN_1986.batch ACLUN_1987 ACLUN_1987.MODS ACLUN_1987.batch ACLUN_1988 ACLUN_1988.MODS ACLUN_1988.batch ACLUN_1989 ACLUN_1989.MODS ACLUN_1989.batch ACLUN_1990 ACLUN_1990.MODS ACLUN_1990.batch ACLUN_1991 ACLUN_1991.MODS ACLUN_1991.batch ACLUN_1992 ACLUN_1992.MODS ACLUN_1992.batch ACLUN_1993 ACLUN_1993.MODS ACLUN_1993.batch ACLUN_1994 ACLUN_1994.MODS ACLUN_1994.batch ACLUN_1995 ACLUN_1995.MODS ACLUN_1995.batch ACLUN_1996 ACLUN_1996.MODS ACLUN_1996.batch ACLUN_1997 ACLUN_1997.MODS ACLUN_1997.batch ACLUN_1998 ACLUN_1998.MODS ACLUN_1998.batch ACLUN_1999 ACLUN_1999.MODS ACLUN_1999.batch ACLUN_2000 ACLUN_2000.MODS ACLUN_2000.batch ACLUN_2001 ACLUN_2001.MODS ACLUN_2001.batch ACLUN_2002 ACLUN_2002.MODS ACLUN_2002.batch ACLUN_2003 ACLUN_2003.MODS ACLUN_2003.batch ACLUN_2004 ACLUN_2004.MODS ACLUN_2004.batch ACLUN_2005 ACLUN_2005.MODS ACLUN_2005.batch ACLUN_2006 ACLUN_2006.MODS ACLUN_2006.batch ACLUN_2007 ACLUN_2007.MODS ACLUN_2007.batch ACLUN_2008 ACLUN_2008.MODS ACLUN_2008.batch ACLUN_2009 ACLUN_2009.MODS ACLUN_2009.batch ACLUN_2010 ACLUN_2010.MODS ACLUN_2010.batch ACLUN_2011 ACLUN_2011.MODS ACLUN_2011.batch ACLUN_2012 ACLUN_2012.MODS ACLUN_2012.batch ACLUN_2013 ACLUN_2013.MODS ACLUN_2013.batch ACLUN_2014 ACLUN_2014.MODS ACLUN_2014.batch ACLUN_2015 ACLUN_2015.MODS ACLUN_2015.batch ACLUN_2016 ACLUN_2016.MODS ACLUN_2017 ACLUN_2017.MODS ACLUN_2018 ACLUN_2018.MODS ACLUN_2019 ACLUN_2019.MODS ACLUN_ladd ACLUN_ladd.MODS add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log You have the right to an expulsion hearing within 30


school days of the proposed expulsion. Prior to your


hearing, your district must continue to offer you an


educational program. Your school district will make


its final expulsion decision at your hearing.


cent Your school district must provide you written notice


of your expulsion hearing date at least ten days prior


to your hearing.


cent You have the right to request your student records


and inspect evidence to be used against you before


your expulsion hearing.


3. What are my rights during and after the


expulsion process?


cent You have rights during your expulsion hearing,


including the right to bring advocates to help tell


your side of the story.


cent You have rights after an expulsion hearing, including


the right to a written final decision, and the right to


an appeal.


cent If you win your hearing, you almost always have the


right to return to your school.


cent You may be eligible to return to your school district


after expulsion. Check with your district for its


process.


KNOW YOUR RIGHTS: INVOLUNTARY TRANSFERS


What is an involuntary transfer?


An involuntary transfer is when a school district


transfers a student to an alternative school against


the wishes of the student or their parent/guardian.


Schools have a lot of discretion in transfers, but there


are important limits on their discretion.


What are alternative schools?


Alternative schools include county community schools,


community day schools, and continuation schools.


These schools may be beneficial for some students,


but they often do not provide the same educational or


extra-curricular opportunities as traditional schools.


For more detailed information on your rights and


responsibilities during suspension, expulsion, and


involuntary transfers:


www.aclunc.org/kyr


Download the full guide and find other Know Your


Rights information at www.aclunc.org/kyr.


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BECAUSE OF HIS ADDRESS:


ONE MAN'S STORY OF RACIAL PROFILING


By Rebecca Rauber and Tessa D'Arcangelew


Re year, the ACLU of California comes together in Sacramento


along with hundreds of activists from nearly every part of the state to


learn about our work and lobby on critical civil liberties legislation. This


yearly event, the ACLU of California Conference and Lobby Day, features


staff and expert-led workshops on local advocacy for close to 300 partici-


pants, results in over 100 lobby visits with California's state legislators,


and creates a community of ACLU activists learning from one another.


The event also offers the opportunity for individuals to share their stories


of how the issues we are working on directly impact them.


One cxample is Aaron neighborhoods-black _ neigh-


Harvey, who grew up in SULE YY BECAUSE O- =: borhoods. While prosecutors


the heart of Southeast San ANNRESS 1ACAI AV EDN MEN acknowledge that many of the


Di Solel 6 Eby Fol CU CC D4 YS NY lees h Be


iego. Solely because of his men, like Aaron, who were being


address, local government AND POLICE CLASSIFIED held had nothing to do with a


and police classified him as string of drive-by shootings the


a gang member. He came to


find out he was a document- GANG MEMBER. AT THE ACLU


y Cale CHOle msc c tions 9)


lowed them to be held and face


ed gang member in the state's life in prison for being presumed


database in the worst way:


leaving his apartment in Las


Vegas to pick up some food,


OF CALIFORNIA S LOBBY DAY,


he Mel Wild [ae GOVERNORS


OFFICE 70 (ELL FS Si OkY.


gang members.


It's not difficult to end up ina


gang database. One has to meet


he was accosted by a host


of U.S. Marshals, with guns


drawn, dogs pulling at their


,leashes, and a helicopter. hovering. Theyd brought this force


across state lines to bring him back to San Diego where, they


`told him, he was wanted for murders. As Aaron often tells the


story, he laughed at them and said, "You've got the wrong guy."


Upon his return, Aaron was never charged with murder.


Instead, he was held in jail for five months under an obscure


statute of the Penal Code, section 182.5, which makes it a


felony for anyone to actively participate in a criminal street


gang. This is being used in San Diego to criminalize entire


only two of nine criteria, which


can be as simple as wearing cer-


tain colors or "frequenting gang


areas' -which is unavoidable if your neighborhood is consid-


ered a gang area. Aaron left San Diego because he was tired


of racial profiling, of being stopped, questioned, handcuffed,


harassed, and searched by police dogs because of the color of


his skin. Aaron has no criminal record and is fighting back.


With the help of the ACLU of San Diego, Aaron is challeng-


ing these injustices and attended this year's Conference and


Lobby Day. During Lobby Day, he met with the governor's


office to share his story of being racially profiled and advocated


Aaron Harvey


for passage of AB 953 and AB 619. AB 953 would update


California's legal definition of profiling, create a uniform sys-


tem for collecting and reporting data on stops, searches and


seizures, and modernize law enforcement training to end this


damaging practice. @


Rebecca Rauber is the Communications Director at the ACLU


of San Diego and Imperial Counties. Tessa D'Arcangelew is the


Leadership Development Manager/Organizer at the ACLU of


Northern California.


To Our Members:


Mailings to our members and the general public provide opportunities to describe compli-


| cated legal and political issues in ways not possible in other media and to describe strategies


we plan to use for future actions. They enable us to explain, in detail, the benefits and


| provisions of the Constitution and the Bill of Rights, the ways our rights can be protected in


today's world, and the costs of preserving those rights. We use the mail to inform people of


| the importance of our legal work and to solicit funds that enable us to continue our litiga-


| tion, public education, and legislative lobbying.


| Sometimes, as part of our program to find and recruit members, we exchange or rent our list


of members' names to like-minded organizations and publications. We do this so that we


| will be able to send our membership letters to their lists.


The ACLU never makes its list available to partisan political groups or those whose pro-


| grams are incompatible with the ACLU's mission. Whether by exchange or rental, the


| exchanges are governed by strict privacy procedures, as recommended by the U.S. Privacy


Study Commission. Lists are never actually given into the physical possession of the or-


| ganization that has rented them or exchanged for them. No organization ever possesses


our list and no organization will ever see the names of the members on our list unless an


| individual responds to their mailing.


While mailings-under strict privacy guidelines-form the basis of our new member


acquisition program, and are key to our growth, we understand some members do not |


wish to receive solicitations from other groups and we gladly honor requests from our


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If you do not wish to receive materials from other organizations, please complete this |


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Member # |


Name |


Address


City, State, Zip


Martha Winnacker


LETTER FROM


Dear Members and Supporters,


his year, one of the top priorities for the ACLU of


California Center for Advocacy and Policy is statewide


police reform.


The problems are numerous. On a daily basis, we see


images of people of color unjustifiably killed by police. Law


enforcement continue to acquire frightening technology


for mass surveillance, including drones and StingRays. And


a recent report from our colleagues at Drug Policy Alliance


documents disturbing abuses of asset forfeiture by Califor-


nia police.


In our state capitol, the ACLU is responding by advocat-


ing for a broad range of measures that, collectively, could


put California on a path toward socially just police reform.


To highlight a few:


m AB 953 (Weber) - Racial and Identity Profiling: This bill


addresses the daily indignities that people of color endure


at the hands of police. It will prohibit racial profiling as


well as profiling based on other identity characteristics,


such as sexual orientation. It will require the Department


of Justice to collect information on law enforcement-


community interactions and will modernize officer train-


ing to account for implicit biases. The bill will also create


the first statewide advisory board to advance fair and


impartial policing.


SACRAMENTO


= AB 619 (Leno) - Excessive Use of Force: This bill seeks


to reduce deadly and excessive uses of force by police


and enhance law enforcement transparency and ac-


countability. The bill will require law enforcement to


report on all deaths in custody and all serious uses of


force, and will require the Department of Justice to


make that information available to the public.


@ SB 178 (Leno and Anderson) - California Electronic


Privacy Act: `This bill will protect the privacy of every


Californian by requiring police to get a warrant before


accessing electronic information. Right now, police


routinely request private information from companies


like AT T, Google, and Facebook, and it's up to the


companies to decide what they give over. This bill will


ensure private information has the same privacy protec-


tions whether it is stored electronically or in your file


cabinet.


m SB 443 (Mitchell) - Asset Forfeiture Reform:This bill


will require California police to follow California law


before forfeiting people's property. Right now, local po-


lice avoid state law by using federal task forces and federal


forfeiture law. This bill will curtail that practice.


Through these measures, the ACLU seeks to save lives


and to safeguard fundamental rights. These reforms are


long overdue if we are to restore public confidence in our


justice system.


Stacy Antonopoulos


-Natasha Minsker, Director of the ACLU of California


Center for Advocacy and Policy


Sign up for email action alerts at www.aclunc.org


to tell your legislators to stand up for civil rights


a


na liberties.


DRIVING CALIFORNIA FORWARD:


286,000 AND COUNTING


I has been six months since AB 60, Ihe Safe and Responsible Driver Act, went into effect. Since then, all


eligible Californians can apply for a driver's license, regardless of immigration status. `This is a huge victory


that immigrants and advocates fought for over two decades.


By Stacy Suh


AB 60 is an essential public safety program: all Califor-


nians benefit from safer roads when drivers are licensed,


tested, and insured. In the first six months of implementa-


tion, over a million DMV visits were made for an AB 60


license, and over 393,000 people already received an AB 60


license. This new driver's license program has made a great


difference in so many people's lives, with the pass-fail rate for


AB 60 license applicants being comparable to that of other


license applicants in California.


A driver's license is a necessity for many folks in their daily


lives, whether it is to get to work, to drop off their children at


school, or to take family members to doctor's appointments.


It means a huge step to acknowledging that immigrants are a


part of our community.


But we still have a lot of work to do to ensure that AB 60


licenses are truly accessible to all eligible Californians.


Fon cxample. the GLU and oun coalition panuiers


throughout California are working closely with Asian-Pacific


Islander (API) and African immigrant community organi-


zations to address specific needs of those communities to


improve accessibility to AB 60 licenses. We also continue


THANKS TO ACLU ACTI


ey


20


0


EQUALITY TO THE LIVES OF THE


1.5 MILLION IMMIGRANTS AND


THEIR FAMILIES THROUGHOUT


to work to ensure that the federal government respects the


privacy of all Californians. In particular, we hope to limit the


sharing of information submitted by AB 60 driver's license


applicants with federal immigration agents.


Several ACLU of Northern California chapter board


members have also been instrumental in educating commu-


nity members and training additional leaders on obtaining


an AB 60 license. In Fresno, Jesus Martinez from the Greater


Fresno Chapter and a leader of the Central Valley Immigrant


Integration Collaborative worked with the ACLU staff to


provide a train-the-trainers workshop. Over 40 advocates


and community leaders attended. The chapter will be inte-


grating AB 60 Know Your Rights materials into their current


workshops providing relief for Deferred Action for Parents


of Americans and Lawful Permanent Residents (DAPA) and


Deferred Action for Childhood Arrivals (DACA) recipi-


ents. Jess Cabrera Carmona, from the San Joaquin Chapter,


hosted an AB 60 workshop with Stockton Immigrant Youth


Collective.


Until then, the ACLU and advocates like Jess, Jesus, and


many others will continue educating community members


about the application process and work to ensure that AB


60 license are truly accessible to all eligible Californians. @


Stacy Suh is an Organizer at the ACLU of Northern


California.


MEET OUR VOLUNTEER CHAPTER CHAIRS


By Tessa D'Arcangelew


CLU-NC Chapters are active in local advocacy campaigns and extend the reach of the organization


through community education and building local relationships. And they do all of this as volunteers.


Chapter Chairs provide the leadership and organization that drives home our civil liberties victories in


communities throughout Northern California. We have sixteen chapters across Northern California,


from Tulare to Humboldt.


Meet Taylor Carey from the Northern


Sierra Chapter


"As long as I can remember, long before I even became a mem-


len, | nares mevense, ine AMCIIUL cael Carey, Claaite ar dine ACU)


of Northern California Northern Sierra Chapter. When I


learned that a new chapter was being formed in my area I


thought it might be time to put my reverence into action."


Taylor is the first-ever Chapter Chair of the newly formed


Northern Sierra Chapter, which covers Sierra and Nevada


Counties. Taylor, a retired Deputy Attorney/Special Assistant


Attorney General, is helping the new chapter to focus its ener-


gies on the rights of medical marijuana patients, stopping un-


warranted dragnet surveillance, and standing up for women's


equality. A polio survivor, Taylor has a life-long disability and


learned early on about discrimination as a result. When his


parents tried to enroll him in public school in Los Angeles, the


district refused to admit children with crutches.


"Tt seems crazy, unbelievable in the current time, but that


was what my parents had to deal with," he said, "Desperate,


they enrolled me in private school, though they annually tried


to get the public schools to relent." Today, students of color are


being pushed out of school at alarming rates. Racial equality


is one of Taylor's primary concerns as a new chapter board


member.


Of his fellow Board members, he says, "Iam heartened and


impressed by the determination of the members of the board


and their determination to make a difference in our region."


Meet Tess Ahmad from the Sacramento


Chapter


Tessnim Ahmad began her work with the ACLU as a Field


Fellow in 2012. During Tess's Fellowship, she reached out to


voters in Sacramento for the Yes on Prop 34 campaign, which


would have replaced the death penalty with life in prison with-


out parole. "Advocating for a huge policy change to complete


strangers was new and exciting to me," she said of the experi-


ence, so when her fellowship ended, she joined the chapter and


became the Chapter Chair in 2014.


faci


`Tess grew up in a small town in northern Utah. "As a Mus-


lim of Arab descent, I looked, believed, and thought differently


from my peers." And after 9/11 that feeling of being different


led to fear, as Muslim Americans' civil rights were infringed


upon. For Tess, the ACLU provided solace as an organization


"that did not succumb to the stereotypes at a time when it was


easy to do so, and instead defended the rights and dignity of


everyone.


Tess works for a labor union developing community re-


lationships, and has translated that into making the ACLU


a more relevant, powerful force in Sacramento and the sur-


rounding counties through partnering with local allies and


bringing new members into the chapter. She is proud of how


diverse the Sacramento Chapter is, with "representatives from


a variety of social and racial backgrounds, as well as strong


participation from youth."


To join a chapter board, visit https://www.aclunc.org/chapters


Tessa D'Arcangelew is the Leadership Development Manager/


Organizer at the ACLU of Northern California.


At left: Members of the Sacramento Chapter at Conference and Lobby Day.


Above: A Northern Sierra Chapter board meeting.


{


GET INVOLVED WITH AN ACLU CHAPTER IN


YOUR COMMUNITY!


Get more information at WWW.ACLUNC.ORG/CHAPTERS


or by calling (415) 621-2493 x355


You grew up in Detroit-what did you


learn as a young activist there?


At the time, Detroit was a booming and vibrant city.


But it was also one of the most segregated cities in the


United States. Housing discrimination was rampant.


The department stores downtown wouldn't hire black


people. Brutal police violence was an everyday occur-


rence. That was the context in which I was becoming an


activist, and at the time, I was a revolutionary.


But by the time I went off to college, the terrible


things happening in the Soviet Union were becoming


public knowledge. I decided that we weren't going to


overthrow the American government and create a whole


new society. The constitution, with amendments, is a


good document. Now I believe that we can work on


making this country live up to its best principles. Our


society has tremendous promise and potential, but a lot


of people have not yet benefited from its promise and


potential.


How do you feel about some of the more


prominent social movements today?


I'm so excited about the Black Lives Matter movement.


Pm also glad to see the increasing concern about in-


come inequality-lack of social mobility threatens the


future of this country in ways we can't even imagine.


For any social movement to be successful, you have to


have different strategies and tactics at different times.


While protests are a crucial part of social change, they


are not the primary tactic of the ACLU. But the energy


and political pressure generated by protests can be lever-


aged into real policy change-and that's something the


A GIEU) excels at.


What's it like to witness policy change in action?


I was in Sacramento recently to lobby on AB 1012-a


bill the ACLU of California is sponsoring that prohibits


school districts from assigning students to "fake classes"


that have no instruction or educational content. I was


amazed to see hundreds of ordinary people walking


Gigi Pandian


Meet the ACLU-NC's new board chair Beverly Tucker


Beverly Tucker is a longtime supporter of the ACLU, serving on the board since September 2010 and previously


from 1987 until 1990. We're honored to have Beverly's leadership expertise and deep knowledge of policy change


in both the organizational and governmental spheres.


Beverly has worked as a staff attorney for the California Department of Fair Employment and Housing, staff


counsel for the United Auto Workers, and deputy attorney general in the Civil Rights Enforcement Section of


the Office of the California Attorney General. She served as chief counsel and associate executive director of


California Teachers Association from 1988 until 2007, when she retired.


through the halls of the capitol, going into committee


rooms, and lining up to testify about legislation. That's


the kind of collective action that can counter the influ-


ence of money in politics. This year at the ACLU of


California Conference and Lobby Day, we had over 300


people in the capitol advocating for a bill to address


racial profiling. 'm so proud to be a part of the ACLU


because we make a difference-in the halls of justice,


in the chambers of the legislature-by banding together


and making our voices heard.


What have you enjoyed so far about being


Board Chair?


Meeting so many young people who are working for


social change! When I was a young person, there were


demonstrations all the time-for civil rights, women's


rights, anti-war activism, LGBT activism, anti-apart-


heid-you name it. But by the time I was on the ACLU


A


board in the late eighties, I feared that that youthful


energy was dying down. But there has definitely been a


resurgence. We have a number of brilliant young people


on our board, and I've been so impressed with the young


folks ''ve met at ACLU chapter meetings and Confer-


ence and Lobby Day. They bring a different energy and


enthusiasm and new ways of approaching the issues. I


want to continue working to get more young people


engaged with the ACLU. `The organization will surely


have a bright future if we do.


What are you reading?


Most recently, Ghettoside: A True Story of Murder in


America by Jill Leovy. Leovy is a reporter for the LA


Times who documents every murder in Los Angeles.


She has come to the conclusion that Los Angeles suffers


from both over-policing - random stops, arrests without


cause, militarization-and under-policing-a failure to


prioritize and solve homicides. I've found it fascinating


in part because it confirms my own experiences, living


in Oakland, of police priorities skewing towards the


War on Drugs rather than partnering with communi-


ties to solve the most serious crimes. I recommend that


everyone read it.


Rumor has it you like to garden.


I do. When I was a baby gardener I didn't know any bet-


ter and planted a lot of roses-they're very high mainte-


nance. Now I'm transitioning to native plants, Japanese


maples, olive trees, and a whole variety of fruit trees.


There's also a raised vegetable bed with organic tomatoes,


green beans, peppers, lemongrass, and Swiss chard. And


bamboo instead of hedges. I'm actually building struc-


tures in the garden out of bamboo poles-they're excel-


lent to work with because bamboo is so strong and sus-


tainable. I just love working out in the sunshine. I put on


my headphones and listen to music-it's very meditative.


This interview was conducted and compiled by


Bethany Woolman.


FACEBOOK.COM/ACLU.NORCAL


WH TWwitTER.cOM/ACLU_NORCAL


P ] Sign up for email action alerts: ACLUNC.ORG/EMAIL


AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA.


OES 510


e]


RN CALIFORNIA


Dear members and supporters of the ACLU of Northern California,


It's a fascinating time in the movement for civil rights and civil liberties.


In fact, 2014 and 2015 have marked several anniversaries. It's been fifty years since the Civil Rights Act and the Voting Rights Act were signed into law.


It has been fifty years since Freedom Summer volunteers registered voters in Mississippi and captured the attention of the nation. And it's been fifty


years since Dr. King led the historic marches from Selma to Montgomery.


Fifty years. Some of you not only lived through that transformational time, you were an active part of the movement. And the movement isn't over. As


you know, these anniversaries are a marker of the progress that our country has made. But they also remind us of the work that remains to be done.


Is ita contradiction to look at the current state of civil rights and be both heartbroken and heartened at the same time? This year marks a turning point.


We've seen person after person-mostly black and brown-killed by the police despite being unarmed. We've witnessed increased militarization


of law enforcement. But we've also seen the birth of the Black Lives Matter movement and an incredible grassroots uprising determined to change


the system.


We believe this is a watershed moment for both racial and economic justice. Practices and policies are changing, with real tangible impacts on people


and communities. Consider Proposition 47. In the 1980s, the war on drugs started chipping away at the progress of the civil rights movement. It


ultimately lead to a racist system of mass incarceration. That kind of entrenched system is hard to change. But determined people have staying power.


The ACLU has staying power. We proactively took on drug policy reform and helped to pass Prop 47, an overhaul of the state's drug sentencing laws,


after it stalled for several years in the legislature.


One of the many reasons we are challenging mass incarceration is because it feeds off, and fuels, economic inequality. And economic inequality denies


our children equal access to the opportunities our society is supposed to provide. It creates a two-tiered education system that supports the school-


to-prison pipeline. It traps people in a cycle of poverty that effectively excludes them from the benefits of our democracy. Some of these problems are


at their worst in the Central Valley, which is why we have placed new emphasis on our work there in the last year. If the entirety of the Central Valley


were a state of its own, it would have the highest poverty rate in the nation.


The ACLU-NC envisions a future in which California is a model for economic equity, racial justice, civil liberties, and civil rights. With your help, we are


working towards that future.


Enjoy this Year in Review, which pulls out just a few highlights from the wide range of work we've been doing. And thank you for your support.


Medi Selb Cf Tech -


Abdi Soltani, Executive Director ~ Beverly Tucker, Board Chair


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