vol. 83, no. 3

| THE NEWSLETTER OF THE ACLU

| OF NORTHERN CALIFORNIA

| SUMMER 2019

' VOLUME LXXxXIII ISSUE 3

Member Notices

Towed Into Debt: Legislation to Stop

`Punishing Poor People for Being Poor

The ACLU's 100th Anniversary is

Approaching

Legal Updates: Voting Rights,

Immigrants' Rights, and More

Meet the ACLU-NC's New Chief

Program Officer

NonProfit

Organization

U.S. Postage

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San Francisco, CA

American Civil Liberties Union of Northern California

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ACLU

Northern

California

DEFENDING HEALTH CARE RIGHTS FOR ALL:

THE ACLU TAKES ON DISCRIMINATION AT CATHOLIC HOSPITALS

BY TAMMERLIN DRUMMOND

When the ACLU learned that UCSF Medical Center was planning to expand

a partnership with Dignity Health we put on a full-court press to stop it. We

knew about the hospital chain's record of denying reproductive and LGBTQ-

based health care to patients-all because Dignity Health bases medical

decisions on Catholic doctrine rather than upon evidence-based medicine.

We spearheaded a campaign that involved

a broad group of stakeholders. We worked

alongside UC faculty and helped mobilize students,

reproductive rights and LGBTQ organizations, ss

and USCF donors and elected officials. Our client MY Sic

TRANS PEOPLE (c)

Evan Minton gave an impassioned testimonial at a

NO DIGNITY For

| TRANS PEOPLE

UC Regents meeting about his painful experience aL

being denied a hysterectomy when the hospital

learned the procedure was part of his gender-

affirming care.

Finally, after months of digging in their heels, Activists at the UC Regents health services

UCSF officials bowed to mounting public pressure. committee meeting at UCLA, protesting the

In May the public institution announced that it was proposed partnership between UCSF and

dropping plans to deepen its Dignity Health ties. Dignity Health.

CONTINUED ON PAGE 8

FIGHTING TRUMP'S WHITE SUPREMACIST AGENDA 2.0:

THE ACLU DEPLOYS TO THE COURTS TO DEFEND IMMIGRANTS' RIGHTS

BY TAMMERLIN DRUMMOND

As President Trump continues to unleash his xenophobic attacks

on immigrants, the ACLU is on the front lines, fighting his

discriminatory and un-lawful policies.

We scored a huge win for voting rights in June was to create an undercount of immigrants and

when the U.S. Supreme Court blocked the Trump people of color, giving Republicans an unfair

administration's insidious and undemocratic political advantage.

efforts to rig the 2020 U.S. Census. The ACLU "This case has never been about a line on a form.

argued in our complaint that Secretary of It is about whether everyone in America counts,"

Commerce Wilbur Ross was not telling the truth said Dale Ho, director of the ACLU's Voting Rights

when he claimed he was adding a citizenship Project who argued the Supreme Court case. "This

question to the decentennial count to improve ruling means they do."

enforcement of the Voting Rights Act. We knew full

well that the Trump administration's true purpose

CONTINUED ON PAGE 5

BOARD ELECTION NOTICE

Pursuant to Article VI, Section 4 of the American Civil Liberties Union of Northern California's Bylaws, there are

two ways for members to participate in the Board nominating process. Candidates and ballots will appear

in the Fall issue of the ACLU News. Elected Board members will begin their three-year term in January.

We're always looking for committed members to join the Board. The nominating committee is now

seeking suggestions from the membership to fill positions on the Board. ACLU members may participate

in the nominating process in two ways:

1. Send suggestions for the nominating committee's consideration by August 16, 2019. Address

suggestions to: Nominating Committee, ACLU-NC, 39 Drumm Street, San Francisco, CA 94111.

BYLAWS OF THE AMERICAN CIVIL LIBERTIES UNION

OF NORTHERN CALIFORNIA

ARTICLE VI, SECTION 4B

NOMINATIONS BY MEMBER PETITION

Any fifteen or more members of this corporation in

good standing may themselves submit a nomination

of a member in good standing of this corporation to

be included among those voted upon by the general

membership by submitting a written petition to the

Board not later than twenty days after the adoption by

the Board of the slate of Board nominees. No member of

this corporation may sign more than one such petition

and each such nomination shall be accompanied by a

summary of qualifications and the written consent of

the nominee. This provision of these Bylaws shall be

printed in an issue of the ACLU News or other document

mailed to this corporation's members before each

election, together with an article advising members of

their rights in the nominating process.

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

2. 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

by October 30, 2019 (20 days after the October 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 petitions 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.

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For more information about the ACLU,

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AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA

TOWED INTO DEBT: THE ACLU OF CALIFORNIA IS SPONSORING

AB 516 TO STOP PUNISHING POOR PEOPLE FOR BEING POOR

BY MAYA INGRAM

Every year, California local and state governments push countless families that are struggling to make ends

meet deeper into poverty by towing their legally parked cars. Hundreds of thousands of cars are towed each year

for non-safety reasons and to collect minor debts. These cars are often towed without first giving their owners

notice and post-tow hearings have woefully inadequate procedural safeguards to protect the owners' due process

rights. For some people, retrieving their car can be an expensive but manageable inconvenience. For low-income

families, it can be disastrous. It can mean job loss, more debt, credit score dings, increased instability, and even

homelessness.

For example, when someone can't

afford to pay five or more parking

tickets, cities tow their car. And

when someone cannot afford a

private parking garage or a house

with a driveway and legally parks

their car in the same spot for 72

hours, their car gets towed.

This is a fundamentally

unjust and ineffective debt and

revenue-collection tool and it

disproportionately impacts Black

and brown communities. A 2018

review of 26,000 tows revealed that

the Oakland Police Department

towed cars more often from East

Oakland, which is a predominantly

Black and brown neighborhood,

than from other neighborhoods.

Other studies and reporting have shown

significant racial bias in traffic stops by law

enforcement agencies in various parts of the state,

many of which can lead to the towing of vehicles.

Towing cars should be reserved for improving

public safety and traffic flow, not punishing and

plunging people into insurmountable debt. That's

why the ACLU of California-comprised of the

ACLU of Northern California, ACLU of Southern

California, and ACLU of San Diego and Imperial

Counties-is sponsoring AB 516, introduced by

Assemblymember David Chiu (D-San Francisco),

to ensure California stops punishing poor people

for being poor by towing their cars for non-safety

reasons. AB 516 will stop poverty tows for unpaid

tickets. The bill will also stop tows for legally

parked cars unless the car is continuously parked

in the same spot for up to 5 days. AB 516 will still

allow cities to use their existing authority to tow

abandoned or inoperable vehicles.

Towing cars should be

reserved for improving

public safety and traffic

flow, not punishing and

plunging people into

insurmountable debt.

That's why the ACLU of

California is sponsoring

AB 516.

Living in California is already

expensive enough for working

families-paying rent, paying for

childcare, putting food on the table,

etc.-without also having to pay to

retrieve a towed car. But cities and

counties across California typically

require owners to pay at least

$500 to retrieve their car from the

tow yard, and the fees can quickly

escalate. If the car was towed

because the owner couldn't afford

to pay tickets, the owner must first

pay these off, plus any late fees, and

often a release fee before they even

pay the tow yard's daily escalating

storage fees.

We're talking about charging

someone, who couldn't afford to pay

parking tickets to begin with, thousands of dollars

in additional fees just to get their car back so they

can continue working, paying rent, and providing

for their families.

Many people simply can't afford to retrieve

their car. In fact, a Federal Reserve study found

that 46% of people in this country can't afford to

pay $400 for an emergency expense without first

selling something or borrowing money.

So unpaid tickets remain unpaid, tow yards

don't recoup the costs of storing people's cars, and

people end up without a necessary lifeline to live

and work.

California should do everything to make it

easier-not harder-for working families to

succeed. We can make a difference with AB 516.

Visit www.aclunc.org/towedintodebt for more

information. @

Maya Ingram is a Legislative Advocate at the

ACLU of Northern California.

AB 516 will end cruel towing practices that push people

deeper into poverty by stopping tows for unpaid parking tickets

and for 72-hour parking rule violations.

Learn more at www.aclunc.org/towedintodebt

cA

AGLUNEWS SU

Si

VivicR ZU19

se

AN INVITATION FOR THE NEXT 100 YEARS

BY CARMEN KING

In 2020, the ACLU will reach a historic milestone-its 100th birthday.

This milestone comes at a pivotal point in both the history of the

organization and the country.

Since the election of Donald Trump, ACLU The panel's purpose was to raise awareness about

membership across the nation has quadrupled, the epidemic of police shootings in California

the number of staff has doubled, and the result and hear directly from impacted families and

is a stronger, bolder communities.

organization ready to Since th ee | ection of Do na | d The speakers included

challenge the Trump Stevante Clark, brother

administration's Tru mM p | n 201 6, mem be rs h | p at of Stephon Clark, who

unconstitutional was shot and killed by

attacks on civil rights the AC LU has q uad ru p | ed, th e Sacramento police in 2018;

and civil liberties. Cephus "Uncle Bobby"

Since 2017, the ACLU number of Staff has dou bled. Johnson, founder of the

has taken the Trump Love Not Blood campaign

administration to since 2017, the AC LU has ta ken and uncle of Oscar Grant,

court over 200 times th T A d cee : ti who was shot and killed

and counting. euro ium p ministration by BART police in 2009;

What better ; and James Burch, Policy

time to introduce to Cou rt over 200 u mes and Director at the Anti Police

ourselves to the next cou nti n g. Terror Network.

generation of leaders The panelists discussed

and advocates? The California law, which

ACLU100 Experience was designed to do just that. | permits officers to use deadly force regardless of

The innovative, national tour of pop-up whether it is necessary, and they encouraged the

interactive exhibitions showcased the ACLU's work audience to tell their legislators to vote yes on

to ensure voting rights, end mass incarceration, AB 392; a bill that will reduce police killings and

advance racial justice, and protect immigrants. It save lives.

also provided practical information on how to get We know that the best work gets done when we

involved. listen and learn from directly impacted people, and

In April, the ACLU100 Experience came to we know that others are more motivated to get

Oakland. One presentation was the Act to Save involved when they hear people's personal stories

Lives: Panel Discussion on Critical Police Reform. and experiences.

Over 5,000 people accepted our invitation and

joined us in Oakland for ACLU100. Now we

extend that invitation to you. Will you join us for

the next 100 years of fighting for justice and for a

democracy that works for everyone?

Carmen King is a Communications Associate at the

ACLU of Northern California.

Scenes from ACLU100 in Oakland. The innovative, national tour of pop-up interactive exhibitions

showcased the ACLU's work to ensure voting rights, end mass incarceration, advance racial justice,

and protect immigrants and their families.

Top: The entrance to the interactive exhibits. Above left, artist Oree Originol with Cephus "Uncle Bobby" Johnson, founder of the Love

Not Blood campaign and uncle of Oscar Grant. Above center: panelists on the Art as Activism panel, Sabiha Basrai of Design Action,

children's book author Innosanto Nagara, illustrator Robert Liu-Trujillo, and artist Gregory Sale. Above right: the Act to Save Lives panel

and discussion on police reform, with moderator Miguel Quezada, James Burch, Cephus Johnson, and Stevante Clark.

4 AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA

FIGHTING TRUMP'S WHITE SUPREMAGCIST AGENDA 2.0 continuco From pace 1

The attacks on our democracy continue to come

at a fast and furious pace.

In addition to pushing for a citizenship

question, Trump has enacted a policy forcing

Central American asylum seekers to remain

in Mexico while their cases are processed. He's

declared a bogus emergency declaration to get

funds for his border wall.

"Since the moment that Donald Trump

descended that escalator and announced his

campaign, exclusionary immigration policies

have been the centerpiece of his presidency," said

ACLU-NC Legal and Policy Director Christine Sun.

"With the census, the question on citizenship

would diminish participation as people fear how

the information will be used. With policies like

`Remain in Mexico' and other border policies the

intent of the administration is to keep people

from entering the United States even when they

have the grounds to seek asylum."

WEAPONIZING THE CENSUS

Early last year, the Trump administration

announced plans to add a question to the Census:

"is this person a citizen of the United States?"

The American Civil Liberties Union Foundation

and our legal partners filed a lawsuit in New

York federal district court, New York Immigration

Coalition v. U.S. Department of Commerce, to

block the policy. We took our case all the way to

the Supreme Court, arguing that the question

intentionally discriminates against immigrants.

The Census counts every person residing in the

United States regardless of citizenship status. The

tally helps determine congressional representation

and federal funding for local communities. Urban

ACLUNEWS

and rural areas with large Latinx immigrant

populations could lose representation if people

are afraid to participate, fearing how information

about legal status would be used.

During our litigation, the ACLU uncovered

evidence that Ross had lied when he testified

before Congress that the Justice Department

asked him to add the question to help with its

enforcement of the Voting Rights Act. In fact,

Ross had discussed the idea with Steve Bannon,

one of the early architects of Trump's white

supremacist agenda.

As the justices were preparing to issue a ruling,

new documents were uncovered from the estate

of a late Republican strategist that suggest he

may have also played a role in the push to adda

citizenship question to the census. A 2015 memo

reportedly authored by Thomas Hofeller proposed

asking about citizenship on the census to dilute

the votes of the growing Latino population in

Texas, giving an advantage to Republicans and

non-Latino whites. After Hofeller's death in

2018, his estranged daughter reportedly gave

documents from his computer drive to Common

Cause, which shared them with the media.

When the ACLU found out that Hofeller may

have been in contact with Census officials about

adding the citizenship question, we notified the

Supreme Court and requested that the case be

sent back to the lower court.

In their ruling, the Supreme Court justices

found that "altogether, the evidence tells a story

that does not match the explanation that the

secretary gave for his decision."

REMAIN IN MEXICO

In Innovation Law Lab v. Nielsen, the ACLU

Foundation and our legal partners filed a lawsuit

against the administration over its illegal policy

requiring Central American asylum seekers to

wait in Mexico while their cases are reviewed.

Federal officials made no effort whatsoever to

determine if people's lives would be put in danger

by returning them to Mexico. That violates the

Immigration and Nationality Act as well as

international law.

In April, a federal district court in San

Francisco granted a preliminary injunction,

blocking enforcement of the policy. But the 9th

Circuit Court of Appeals granted a stay of that

injunction while the circuit court considers the

appeal, allowing the administration to continue

to return people during the legal challenges.

The U.S. has already sent more than 3,000

asylum seekers back to Mexico. The ACLU

will continue our legal battle to defend asylum

seekers' rights.

A FAKE EMERGENCY

In February, Trump declared a blatantly false

state of emergency to get $5.7 billion for his

border wall. This of course was after Congress

refused to approve his funding request and the

ensuing government shutdown.

In response, the ACLU Foundation filed a

lawsuit, Sierra Club v. Trump, in federal court to

block the wall construction. |

At press time, in another blow to Trump's

unlawful efforts to divert billions of taxpayer

dollars for his xenophobic border wall, the 9th

Circuit Court of Appeals rejected his appeal to lift

the injunction against the so-called emergency

funding. (R)

Tammerlin Drummond is a Communications

Strategist at the ACLU of Northern California.

LEGAL U

UNCONSTITUTIONAL TREATMENT DELAYS BY TIM CLARK

STIAVETTIV. AHLIN

TREATMENT DELAYS ARE

UNCONSTITUTIONAL

A judge ruled in March that the

California Department of State

Hospitals (DSH) and Department of

Developmental Services (DDS) are

violating the due-process rights of

defendants who have been declared

incompetent to stand trial by letting

them languish in jail for months, and

sometimes for more than a year. The

court ordered these agencies to reduce

the lengthy transfer delays within

three years.

The ACLU Foundation of Northern

California, along with the ACLU

Foundation of Southern California

and the law firm Sullivan and Cromwell

LLP, filed a lawsuit in 2015. This

spring, Alameda County Superior

Court Judge Winifred Smith ruled

that the state "has systematically

failed to provide due process" and

must admit incompetent defendants

for treatment within 28 days of

receiving the relevant documents from the court.

Under state and federal law, people who

lack the ability to understand the nature of

criminal court proceedings because of psychiatric

or intellectual disabilities cannot be tried or

sentenced. DSH or DDS must transfer them into

a treatment facility in a timely manner so they

can be evaluated and treated.

ACLU-NC and DRC V.

CA SECRETARY OF STATE

VOTING RIGHTS FOR LOW-INCOME PEOPLE

AND PEOPLE WITH DISABILITIES

Civil rights groups prevailed in April in their

lawsuit against California Secretary of State

Alex Padilla to expand voter registration at

state agencies that serve people on public

assistance and individuals with disabilities. San

Francisco County Superior Court Judge Ethan

P. Schulman ruled that Padilla must require

voter registration at additional agencies and

contractors, which will benefit more than 1.8

million Californians.

The American Civil Liberties Union

Foundation of Northern California (ACLU) and

Disability Rights California (DRC) sued Padilla

because he failed to designate state and local

offices that provide public assistance or are

state-funded offices primarily serving people

with disabilities as "Voter Registration Agencies"

(VRAs). Padilla must identify offices that meet

these definitions and notify them that they are

required to provide voter registration.

Following the decision, these three offices

must now register voters:

County offices administering general

assistance or general relief programs,

which receive close to 300,000 applications

each year;

Financial aid programs administered by

the California Student Aid Commission,

which received over 1.5 million

applications last year;

Private entities providing services under

contract on behalf of VRAs.

Last year, as a result of ACLU and DRC's

continuing advocacy, Padilla also agreed to

designate as VRAs the disability services offices

at all University of California, California State

University, and community college campuses as

well as the Department of Social Services, Office

of Services to the Blind, Assistance Dog Special

Allowance Program.

CENTER FOR MEDIA

JUSTICE V. FBI

FBI TARGETING "BLACK IDENTITY

EXTREMISTS"

The ACLU and the Center for Media

Justice are taking the FBI to court over

an August 2017 intelligence assessment

that designated "Black Identity

Extremists Likely Motivated to Target

Law Enforcement Officers" (BIE) as a new

domestic terror threat.

Disseminated to more than 18,000 law

enforcement agencies, the FBI intelligence

assessment claims, without evidence, that

Black people involved in unrelated police

killings shared an ideology that motivated

their actions. It also focuses on Black

people who, in the bureau's own words,

"perceive racism and injustice in American

society."

After a 2018 Freedom of Information

Act request for records, in March 2019

the ACLU filed Center for Media Justice

v. FBI, to get these FBI records. The

Center for Media Justice represents

organizations vulnerable to FBI surveillance

under the BIE label. If the FBI refuses to provide

this information, Congress should use every tool

at its disposal to ensure the records are made

public.

The ACLU and the Center for

Media Justice are taking the

FBI to court over an August

2017 intelligence assessment

that designated "Black Identity

Extremists Likely Motivated

to Target Law Enforcement

Officers" as a new domestic

terror threat.

AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA

UPDATES

ACLU OF CALIFORNIA V. U.S.

IMMIGRATION AND CUSTOMS

ENFORCEMENT

ABUSIVE SURVEILLANCE BY ICE

The ACLU of Northern California has obtained

a treasure trove of records in a Freedom of

Information lawsuit that have heightened

our already serious concerns about U.S.

Immigration and Customs Enforcement's use of

license plate reader surveillance technology.

Public records detail the extent to which

automated license plate reader information

(ALPR) has become an increasingly dangerous

tool in ICE's relentless deportation machine,

threatening communities of color and

our civil liberties. We've learned that the

federal immigration enforcement agency has

circumvented privacy laws as well as internal

ICE guidelines designed to provide safeguards

over the surveillance technology.

Vigilant Solutions operates a database

that includes billions of license plate photos

captured by stationary

and mobile cameras that

capture information

about every car they

detect. ICE uses stored

data-up to five years

worth-that enables

them to find immigrants

and deport them. More

than 9,000 ICE officers

have gained access to

the records under a $6.1

million contract with the

Vigilant. Many individual

police agencies also collect

their own license plate

data. communities of color and

California laws make

it illegal for local law

enforcement to share

ALPR surveillance with

federal agencies and ICE. But emails obtained

by the ACLU show that local police are doing

it anyway. The emails also revealed that ICE

agents break agency rules by making individual

requests to police for surveillance, avoiding the

mandated channels that require justification

and documentation to run a search.

The ACLU has called for an end to this

information sharing that flagrantly flouts local

privacy and sanctuary laws.

Public records detail the

extent to which automated

license plate reader

information (ALPR) has

become an increasingly

dangerous tool in ICE's

relentless deportation

machine, threatening

our civil liberties.

GAL V. HOMELAND SECURITY

HOMELAND SECURITY DEVICE SEARCH

In April, the ACLU Foundation of Northern

California filed a complaint with the U.S.

Department of Homeland Security over an

unwarranted demand to search an activist's

electronic devices.

The action was on behalf of Andreas Gal

who, in November 2018, was subjected

to interrogation and retaliation by

U.S. Customs and Border Protection

(CBP) for Gal's questioning the search

of his electronic devices. The complaint

demands an investigation into whether

CBP's interrogation and search of Gal

was consistent with the First and Fourth

Amendments, as well as a comprehensive

review of CBP's policies.

Gal, a successful entrepreneur and

technologist, is an outspoken proponent of

online privacy, an opponent of warrantless

mass surveillance, and strongly opposes the

current administration's policies.

When he arrived

at San Francisco

International

Airport, three CBP

officers demanded to

search his electronic

devices. Gal asked

to speak to a lawyer

before giving CBP

officers access to his

devices. CBP officers

repeatedly told Gal

that he had no right

to an attorney and

threatened him with

criminal prosecution.

After an extended

interrogation, Gal

was allowed to leave

with his devices;

however, his Global

Entry card was

taken and he was told his privileges would be

revoked because he refused to comply with the

search. @

Tim Clark is a volunteer writer for the ACLU

of Northern California.

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AGLUNEWS SU

"At a time when reproductive health care

and LGBTQ people are under attack, UCSF

needed to strengthen its commitment to

its values, not compromise them at the

expense of patients' health and rights," said

Phylhda Burlingame, Reproductive Justice

and Gender Equity Director at the ACLU of

Northern California. "Together, we not only

stopped this affiliation, we managed to shine

a light on the problems inherent in health

care policy that is determined by Catholic

bishops based on religion instead of on the

best care for patients."

CATHOLIC HOSPITALS' DENIAL OF CARE

Nationally, one in every six hospital beds

is in a Catholic facility. In many rural

communities, it is the only option for many

miles. And for some patients, Catholic

hospitals are the only ones covered by their

insurance.

Dignity Health in San Francisco is the

largest non-profit health care provider in

California. Earlier this year, it completed a

mega merger with Colorado-based Catholic

Health Initiatives. The new company,

CommonSpirit, is now the largest not-for-

profit health care provider in the country.

In California, hospitals administered by

the non-profit have received hundreds of

millions of dollars in public funds through

Medi-Cal to serve a diverse population. Yet

the Catholic hospitals in the Dignity Health

network-and all Catholic hospitals nationally-

follow guidelines issued by the U.S. Conference

of Catholic Bishops.

These directives prohibit basic reproductive

healthcare services. That includes contraception,

standard treatment for miscarriage and ectopic

pregnancy, and abortion. And, they even go

so far as to call these services "intrinsically

evil." The bishops have further asserted that

supporting gender-affirming care for transgender

patients "is to collaborate with and promote a

mental disorder."

"Everyone should be able to get the health

care they need. And hospitals exist to provide

care-they shouldn't be able to pick and choose

who gets access to that care," Burlingame said.

Yet every day, people are turned away or denied

services by Catholic hospital systems. This

discriminates against them and puts their health

and lives at risk.

RELIGIOUS REFUSAL LAWS

State and federal laws give individuals and

institutions some exemptions from providing

services that conflict with their religion. After

Roe v. Wade in 1973, anti-abortion forces wielded

their political clout to get these refusal laws

passed, giving health providers legal cover to

block women's access to abortion.

Pandering to his base, Trump has taken

aggressive actions to facilitate religiously-based

Oliver Knight already had an IV in his

arm when St. Joseph's Hospital in Eureka

canceled his surgery because he is

transgender.

Nationally, one in every

six hospital beds is ina

Catholic facility. In many rural

communities, it is the only

option for many miles. And

for some patients, Catholic

hospitals are the only ones

covered by their insurance.

discrimination in health care. This spring,

the U.S. Department of Health and Human

Services issued new regulations that aim to

permit anyone in a healthcare setting-even

someone who has no contact with the patient

at all-to refuse to participate in services that

conflict with their religious or moral values.

Subsequently, the administration announced

it was reinterpreting the anti-discrimination

section of the Affordable Care Act to remove

existing protections for transgender people. The

National ACLU and others are challenging these

actions in court.

THE ACLU TAKES ON DISCRIMINATION AT CATHOLIC HOSPITALS conten rom pace:

To be clear, the ACLU has been a

staunch defender of religious freedom

for 100 years. We strongly believe that

everyone is entitled to their own religious

beliefs. But the First Amendment does

not grant anyone the right to practice

their beliefs in a way that harms others.

TAKING THE BATTLE TO THE COURTS

The ACLU Foundation of Northern

California has three pending lawsuits in

California against hospitals that have

denied patients' medical treatment based

on the Catholic religious directives.

In Chamorro v. Dignity Health,

we're suing on behalf of Physicians

for Reproductive Health and Rebecca

Chamorro, a patient at Mercy Medical

Center in Redding. After consulting with

her doctor, she decided to get a tubal

hgation, a common form of contraception,

during her C-section. But the Catholic

hospital refused to allow the procedure.

We are arguing that withholding

pregnancy-related care for reasons other

than medical considerations is illegal

in California. Partnering with the law

firm of Covington and Burling, we have a

hearing in the case set for July.

PHOTO BY KATE DONALDSON

In Minton v. Dignity Health, we're

representing Evan Minton. The 35-year-

old transgender man's hysterectomy was

abruptly cancelled at San Juan Medical Center

in 2016 by an ethics committee headed by a

reverend when the Sacramento-area hospital

found out he was transitioning. The ACLU

Foundation of Northern California and Covington

Burling are arguing that withholding care from

a patient because he is transgender is illegal

under California's Unruh Civil Rights Act. We

have appealed a San Francisco Superior Court

ruling in favor of Dignity Health.

"The refusal of Dignity Health to allow a

doctor to perform this common procedure

simply because the patient is transgender is

discriminatory," said Elizabeth Gill, a senior

staff attorney with the ACLU of Northern

California and the National ACLU's LGBT and

HIV Project. "This is a hospital that is open to

the general public so it's illegal for them to turn

away someone based on gender identity."

In Knight v. St. Joseph Health, we are

representing Oliver Knight, a 27-year-old

trans man who was already hooked up to an

IV awaiting a hysterectomy at St. Joseph's

Hospital in Eureka when his surgeon canceled

the procedure, citing the religious directives

from U.S. bishops. "I had an anxiety attack

and thought about all the pre-op and mental

preparedness I had to go through just to get

there," Knight said. "It seems the hospital

does not understand how it feels to be treated

inhumanely just because your body parts do not

match your soul."

CONTINUED ON NEXT PAGE

AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA

CONFERENCE AND LOBBY DAY 2019: ACLU ACTIVISTS TAKE THE LEAD

BY BRADY HIRSCH

The ACLU of California's legislative office sits across from the State Capitol in Sacramento, where staff work to

advance civil liberties in California year-round. But every year at Conference and Lobby Day, our advocates are

joined by hundreds of people determined to lead the way forward on key legislation.

PHOTOS BY JENNA PITTAWAY

Over 350 activists traveled to the state capitol to learn and lobby on bills related to police use of force and voting rights.

AB 392 author Dr. Shirley Weber (pictured at right, with ACLU-NC staff attorney Abre' Conner looking on) spoke to the crowd

about the need to update California's use of force standards to prevent racially discriminatory police shootings.

This year, the focus was on two pieces of

legislation: Assembly Bill 392, The California Act

to Save Lives, a law that would ensure officers

avoid using deadly force when alternatives exist,

and Assembly Constitutional Amendment 6, the

Free the Vote Act, which would restore voting

rights for Californians on parole.

Over 350 activists traveled to the capitol. Some

were decades long ACLU supporters, others were

high school students new to the organization.

"It was powerful to see people from different

backgrounds, experiences, and identities come

to Sacramento," said Ashley Morris, Organizing

Director at the ACLU of Northern California.

"Lawmakers saw that the ACLU is here. We're

strong. We're organized. And we're unified by our

shared values."

On the Lobby Day, ACLU activists marched

from the streets of downtown Sacramento to the

front steps of the capitol. There, they were greeted

by a band and a powerful lineup of speakers. Dr.

Weber, the bill's author, spoke about the need

to update the state's use of force standards to

prevent racially discriminatory police shootings.

People impacted by police violence also took to

the podium to talk about how the bill will save

people's lives.

Afterwards, attendees met with their legislators

face to face. Rather than reiterate policy details,

people spoke to their values, and shared their stories.

The conference was planned months in advance

to coincide with the peak of the legislative season.

This year, the timing couldn't have been better.

People had the opportunity to publicly testify at

the Assembly's Public Safety Committee hearing

on AB 392.

At the hearing, parents, children, spouses,

neighbors, and friends of people who were killed by

police officers spoke the name of their loved ones

and called on committee members to pass the bill

without watering it down.

The message, and the need for change, was

delivered loud and clear. The Public Safety

Committee voted to advance the legislation in all

its strength, and not long after, the bill was passed

by the Assembly. Meanwhile, the Free the Vote Act

continues to gain momentum.

Reflecting on the conference, ACLU-NC Executive

Director Abdi Soltani said, "Spurred on by our

members' activism, California is not just resisting

injustice, but actively building a future where

everyone can live with freedom and dignity." @

Brady Hirsch is a Communications Associate at the

ACLU of Northern California.

CONTINUED FROM PREVIOUS PAGE

We filed this case in March 2019 with the law firm Rukin Hyland and Riggin,

arguing that the hospital violated Knight's right to equal protection.

ALL GARE EVERYWHERE

The ACLU of California and the National Health Law Program launched the All

Care Everywhere campaign to sound the alarm about the patient harm caused by

religiously based denials of health care. We are encouraging Californians to share

In California, hospitals administered by

Dignity Health have received hundreds of

millions of dollars in public funds through

Medi-Cal to serve a diverse population.

Yet the Catholic hospitals in this network

their experiences like those of Oliver Knight, to bring more attention to this issue. j : ;

It's time to turn up the heat under our state officials to hold Catholic hospitals follow guidelines issued by the U.S.

accountable.

We will never cease fighting to ensure that Californians get the health care they

need-irrespective of the religious views of their provider. @

Conference of Catholic Bishops that

prohibit basic reproductive healthcare

Tammerlin Drummond is a Communications Strategist at the ACLU of Northern

California.

services-including contraception.

ACLUNEWS SUMMER 2018