Open forum, vol. 66, no. 2 (March-April, 1989)

Joan Baez

Judy Balaban Quine

~ Honorees Chosen for Leadership Awards

Maxine Waters

Bob Burkett

Fifth honoree is New Perspective Quarterly, editor Nathan Gardels and publisher Stanley K. Sheinbaum. See related story and photograph on page 3.

Founded December 6, 1924

Lawyers Seek to Reverse

McCarthy-era Conviction

Lawyers for 74-year-old, ACLU/SC

~ board member Frank Wilkinson have (c)

filed a coram nobis petition with the

_ U.S. District Court in Georgia, claim-

ing that Wilkinson's McCarthy-era

conviction was based on government

misconduct. The petition calls for the

government to review and reverse

Wilkinson's 1959 contempt of Con--

gress conviction.

In 1959, Wilkinson was convicted in

the Georgia District Court for refusing

to answer a question posed to him by

the House Un-American Activities

Committee (HUAC). HUAC based its

questioning of Wilkinson, and the court

based its subsequent conviction, upon

testimony from. a- woman whom the

Justice Department knew to lack cred-

ibility and had been described as ex-

hibiting "emotional instability."

Wilkinson was completely unaware

of this information until late last year

when he was allowed to view an inter-

nal FBI memorandum dated Novem-

ber 21, 1961.

According to the document, the wit-

hess is described as having testified

1980 photograph shows only

4,000 of 132,000 pages collected

by the FBI on Wilkinson, obtained

under the Freedom of Information

Act. Left to Right: attorney Paul

Hoffman (now ACLU legal direc-

tor), plaintiff Frank Wilkinson and

Executive Director Ramona

Ripston.

tact has been had with [her]...."

before a committee in 1955 at which

time "she exhibited emotional in-

stability and that since 1955, pursuant

to bureau instructions, no further con-

yen

This information, along with more

than 132,000 other pages of FBI sur-'

veillance on Wilkinson, became avail-

able to the First Amendment activist

only last year when he and the ACLU/

SC won their 15-year battle for the

right to see the extensive files the FBI

had maintained on him.

"In 1961 I was jailed for making a

First Amendment challenge of the

House Un-American Activities Com-

mittee. I refused to answer their ques-

tions because they violated the

Constitution," explained Wilkinson.

"Now I learn that the government's

conviction hinged on the testimony of a

woman who they knew was not a cred-

ible witness. Yet, they hid that fact

from the district court and even from'

the U.S. Supreme Court. That's an

outrageous miscarriage of justice."

Lawyers for Wilkinson are optimis-

tic that the McCarthy-era conviction

will be overturned based on the evi-

dence of government misconduct.

"The most important lesson," said

Doug Mirell, a lead attorney in the

case for the ACLU Foundation: of

Southern California, "is that we must

always remain vigilant about govern-

mental violations of the Bill of Rights.

Ironically, Frank went to jail for ex-

ercising his constitutional rights while

the government was violating the Con-

stitution in sending him to prison."

"The U.S. Supreme Court majority

upheld Frank's conviction in 1961

based on testimony from a witness

whom the FBI claimed in court was a

`credible' witness," said Mark Chais,

ACLU volunteer attorney. "Not only

did they withhold information about the

`credibility of the witness, they also.

falsely characterized her as credible."

The ACLU coram nobis petition is a

reminder of the gross: abuses of civil

liberties by legislative investigating

committees of the McCarthy era.

ACLU of Southern California

March/April 1989

Vol. 66 No. 2

Patient Who Tests Positive for

HIV Antibodies Covered Under

1973 Federal Rehabilitation Act

Centinela Hospital's policy of ex-

cluding patients from its chemical de-

pendency recovery program if it is

discovered that the patient tests posi-

tive for the presence of HIV antibodies

has been changed because of a settle-

ment reached by the hospital with the

ACLU Foundation of Southern Califor-

nia and the Lambda Legal Defense

and Education Fund.

As part of the settlement, the hospi-

tal has agreed to rescind its policy of

testing patients in its residential chem-

ical dependency recovery program,

and of excluding those testing HIV

seropositive. .The hospital agreed that

it will no longer treat seropositive pa-

tients differently from other patients.

"Because access to chemical de-

pendency programs is crucial to HIV

seropositives for their health as well as

their ability to refrain from engaging in.

high risk activities, this settlement re-

presents the elimination of barriers for

those HIV seropositives in need of

these recovery programs," said Paul

Hoffman, ACLU legal director.

The settlement culminates a two-

year legal battle. "John Doe," the HIV

seropositive patient represented in the

ACLU/SSC suit, in early 1987 admitted

himself into the Inglewood hospital's

LifeStarts program for the treatment

of alcohol addiction. Upon admittance,

he was required to undergo an HIV

antibody test. When his test results |

came back positive, he was discharged

from the hospital.

Doe brought suit against the hospi-

tal in district court in Los Angeles un-

der the Federal Rehabilitation Act

(FRA) of 1973. The suit charged the

hospital with violating the FRA, which

prohibits discrimination against the

"handicapped" and "perceived hand-

icapped" by recipients of federal funds.

Last summer, in a precedent setting

opinion, Federal District Judge Pamela (c)

Ann Rymer ruled in this case that the

patient was covered by the FRA be-

cause the hospital's treatment of Doe

was based on fear of contagion. The

ruling marked the first time that a

federal court definitively ruled that

persons who test HIV seropositive,

but who are otherwise symptom free,

are covered by the federal statute.

Upon settlement, plaintiff Doe ex-

pressed hope, "that this case has

helped to educate other health care

institutions about the need to counsel

and treat HIV seropositives."

*"* SAVE THE DATE *** SAVE THE DATE *** SAVE THE DATE ***-

30th Annual

GARDEN PARTY

Sunday, June 4, 1989

Watch for Details in the May/June Open Forum

"* SAVE THE DATE *** SAVE THE DATE *** SAVE THE DATE ***

Page 2/OPEN FORUM

Lobby Office Braces for Avalanche of Bills

As the March 10 deadline ap-

proaches for the introduction of bills:

into the 1989-90 legislative session, an

average of 100 bills are being received

daily at the ACLU legislative office in

Sacramento where they are analyzed

for civil liberties concerns by two legis-

lative analysts.

More than 1,000 bills have been

received to date, with an additional

2,000 to 3,000 expected by the dead-

line.

In the last lesisihtive session, ap-

proximately 8,000 bills were reviewed

by the ACLU, about 50 percent of

them were monitored, and the ACLU

took positions on 600.

Current Trend

In this coming session, early mea-

sures include the typical anti-civil liber-

__ tarian criminal justice proposals. Chief

among them are renewed efforts for

expanding the application of the death

penalty.

At least six separate death penalty

bills have already been introduced. SB

2 (Lockyer-D) is a reintroduction of the

"Capitol Punishment Act of 1989" that

was defeated in the waning hours of

the 1988 session. Among other things,

this comprehensive measure would:

add additional felony murder offenses;

add mayhem and foreign object rape to

the special circumstances felony

murder; and sentence juveniles con-

victed of capital offenses to life im-

prisonment. without parole.

Other proposals include AB 217

(Bradley-R) which expands the ap-

plication of the death penalty to those

convicted of intentional killing of a child

- under seven; SB 178 (Nielsen-R) which

applies the death penalty for a killing

committed during the course of a drug (c)

sale or during planting, harvesting, im-

- portation or cultivation of specified

controlled substances; and AB 159

(Floyd-D) which applies the death

penalty for a killing resulting from dis-

charging a firearm from a motor. vehi-

cle.

As it has in the past, the American

Civil Liberties Union of Southern Cal-

ifornia will continue to oppose all death

penalty proposals. In the judgment of

the ACLU/SC, capital punishment is

an intolerable denial of civil liberties

and is inconsistent with fundamental

values of our. democratic system.

Open Forum readers are encour-

aged to write their elected representa-

tives to urge them to oppose any

legislation expanding the death penal-

LY.

Wiretapping

The passage of the Wiretap Act of

1988 authorizing telephone wiretap-

ping of suspected drug dealers was a

major setback for civil liberties last

year. Not unexpectedly, less than one

month after the act became effective

legislation was introduced seeking a

broad expansion of the wiretap au-

thority. SB 245 (Nielsen-R) would

expand existing wiretap authorization

to cover numerous law enforcement

investigations, including those invdlv-

ing murder, robbery, bribery, gam-

bling, terrorism, and a laundry list of

other offenses.

SB 245 raises significant privacy

concerns. The ACLU/SC will oppose it

and all other efforts to expand wiretap-

ping. ACLU/SC policy. holds that the

use of any electronic eavesdropping

device by any person or agency for any

reason is unconstitutional. The policy

rests on the specific stipulations of the

Fourth Amendment against the use of

general warrants and searches by

government officials, and on the basic

- right of privacy.

1989 MEMBERSHIP DRIVE

By becoming a

Membership Drive Recruiter

you can -

* Win exciting prizes (Last year's prizes included the following:

Hawaiian vacation ! VCR ! Mazatlan retreat)

" Receive special recognition at the Garden Party

_ * Support the ACLU by helping it grow

CALL OR WRITE FOR RECRUITER PACKET TODAY

Call: (213) 487-1720 ext. 150 or clip and return this coupon

Name

Address

Phone (_)

Mail to: ACLU Membership Drive, 633 S. Shatto PI., L.A., CA 90005

AIDS _

The introduction of vast numbers of

repressive AIDS related legislation

appears to have temporarily abated.

Nevertheless there are already efforts

to involuntarily test all incoming pris-

oners for the HIV virus and involun-

tarily test persons in mental

institutions--SB 38 (Doolittle-R) and

AB 177 (Wyman-R), respectively.

Senator Doolittle has also introduced

SB 40 which would make it a felony

punishable by a term of up to seven

years in prison if a person engages in

sexual activity, knowing that he/she

has AIDS or has tested positive for'

HIV infection, and fails to inform his or -

her sexual partner.

The ACLU/SC opposes criminaliz-

ing sexual transmission of the AIDS

virus. Criminalization would hurt pub- ~

lic health efforts to combat the disease

by discouraging people from seeking

voluntary testing. Moreover, reliance

on the criminal law raises serious

threats to individual privacy and is like-

ly to be selectively enforced in a dis-

criminatory manner against certain

groups, such as-gay men.

`Positive AIDS legislation introduced

so far include AB 65 (Vasconcellos-D)

which would prohibit discrimination un-

der existing employment and civil

rights laws for persons who are HIV

positive. Likewise AB 25 (Hughes-D)

would require all schools to provide

AIDS prevention eduction in grades

7-12. A student need not participate if

.a parent denies permission.

Unfortunately, similar measures

"were vetoed last year by Governor

George Deukmejian.

Workers' Rights

Finally ,

legislation requiring that an employee

can only be discharged from his/her job

for "good cause" SB 282 (Greene-R)

and AB 386 (Murray-R), a parallel

measure attempting to set forth a pro-

cess of mediation and arbitration of

claims for wrongful termination for the

two-thirds of employees in California

who lack protection from arbitrary dis-

crimination.

Briefly Speaking:

Due Process

An attempt by the City of Santa Ana

to ban 350 named and 1,000 unnamed

people from one of its busiest streets

was denied by the Orange County Su- 7

perior Court

The city had sought to ban, as a

public nuisance, alleged prostitutes

and their potential customers from

Harbor Boulevard.

Rebecca Jurado, ACLU Foundation

staff attorney, opposed the effort as

amicus curia arguing that two sepa-

rate appellate courts had already held

that a similar banishment requirement

violated a defendant's right to travel.

The ACLU also argued that the civil

abatement of criminal conduct denied

the defendants many constitutional

rights including their right to due pro-

cess, their right not to testify against

themselves and their right to repre-

sentation.

The court denied the city's motion

saying that the declarations submitted

did not prove that the defendants were

actually engaged in the conduct in

questions and the relief sought was

unconstitutional.

the ACLU/SC Workers'.

Rights Committee has reintroduced

_ 487-1720. Membership is $20 and up, of -

_ changes to the Open Forum, 633 South :

March/April 198

| .

Briefly Speaking: _,

A West Hollywood man will be able

to fly his gay pride flag as a result ofa ,

settlement won on his behalf by the

American Civil Liberties Union Foun-

dation of Southern California and the

National Gay Rights Advocates

(NGRA).

For the last two years, John Stout !

had been flying the flag from the bal-

cony of his apartment. The ACLU and

NGRA filed a lawsuit on his behalf

charging the new owners of the apart- |

`ment complex with violating Stout's /

constitutional rights to free speech

when they ordered him to remove his

flag and threatened legal action

against him.

As part of the settlement, the land- |

lords will allow Stout to fly the flag and

will require the same from any subse-

quent purchaser of the building.

ACLU Foundation Lesbian and Gay

Rights attorney Jon Davidson noted

that the City of West Hollywood flies

identical flags on the streets surround- /

ing Stout's apartment complex in

honor of the annual lesbian and gay

pride day celebration.

"The flag is a political symbol which

landlords may not prohibit from dis-

play," Davidson said. "We are hopeful ;

that this lawsuit will send a message to

other landlords that tenants, whatever

their sexual orientation, race, sex, re-

ligion or political beliefs, have the right -

to use their homes to support the

causes they believe in without running .

`2

the risk of being evicted."

New ACLU Group to

Hold Day Meetings

' For members and friends of the

American Civil Liberties Union of

Southern California who prefer 4

daytime meetings to evenings, a

new group is being formed.

The first meeting will be on Fri-

day, April 21 at 2 p.m. at the Long

Hall in Plummer Park, 7377 Santa

Monica Blvd., West Hollywood.

It will feature ACLU/SC Executive

Director Ramona Ripston discuss-

ing current cases and issues.

Our goal is to have daytime

meetings regularly and to provide

opportunities for involvement for

members who prefer to participate

during the day.

For more information call Betty "

a

~ Ann Downing at the ACLU/SC of-

fice, 213-487-1720.

Editor: Rosa M. Martinez

_ Open Forum (ISSN 0030-3429) is is pub:

: lished bimonthly, at 633 South Shatto Place,

_Los Angeles, CA 90005. Telephone (@

which $2 is the annual subscription fee for _

| Open Forum. Entered as second class |"

matter April 4,1946. Second class postage _

paid at Los Angeles, CA under the act of |

March 3, 1879. Postmaster: send address -

Shatto Place, Los Angeles, CA 90005.

'

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"Marehv/April 1989

Workers' Rights ACLU Joins Move to Limit FBI Powers:

Suffer Setback

in State Court

In a defeat for workers' rights, the

California Supreme Court has ruled

that workers who are wrongfully fired

from their jobs are not entitled to re-

ceive awards for emotional distress or

punitive damages. The decision in

Foley v. Interactive Data Corp.

however, maintained the right of those

workers to job reinstatement as well

as back pay.

The ACLU Foundation of Souther

California had filed an amicus brief in

the case on behalf of a wrongfully fired

worker, and called the decision a dis-

appointment for all Californians.

"This decision lessens the restraint

against employers who want to fire

workers for arbitrary reasons," said

"ACLU Legal Director Paul Hoffman. |

"Workers should be able to go to work

with a clear mind, knowing that they

will not be fired for anything other than

a legitimate reason. This decision

makes wrongful termination more like-

ly and gives workers fewer rights."

Two years ago the ACLU/SC draf-

ted legislation that was sponsored by

Senator Bill Greene on the subject of

compensation, reinstatement and

back pay for unjustly fired workers.

The legislation will most likely be re- -

introduced in the 1989 session and

provides for a state arbitration mecha-

nism that ensures swift and fair settle-

ment in such cases.

"Tn light of the court's decision, the

arbitration mechanism we propose

would make good sense for the work-

er, the employer and the govern-

ment,' said Paul Schrade, ACLU

board member and chair of the ACLU

Workers' Rights Committee. "Union

members and workers in the public

sector have been protected from

wrongful termination for a long time.

What our legislation does is extend this.

right to all employees."

Long-time Member

~and Counselor, Dies

Hilde Bernstein, a long-time mem-

ber of the American Civil Liberties

Union of Southern California and vol-

unteer intake counselor for the past

four years, passed away on December

Bernstein was born in Furth, Ger-

many in 1919 and fled to the United

States with her parents when the Nazi

Party came to power. They settled in

Chicago where Bernstein's interest in

politics and her concern for civil liber-

ties led her to play an active role both

as a member of the ACLU Chicago

affiliate and in local politics.

in Chicago she married Leon Berns-

tein, a psychiatrist, who shared her

"love for the freedoms and rights em-

CO bodied in the Constitution, and to-

gether they dedicated themselves to

`the preservation of those values.

In the late 1950s, the Bernsteins

moved to Los Angeles where they

joined the ACLU of Southern Califor-

nia and continued their defense of the

Bill of Rights.

Bernstein's lifelong commitment to

_ the protection and furtherance of civil

liberties earned her the admiration and

respect of all those. who knew and

worked with her. Her service to the

ACLUSSC, her wit and wisdom, her

`compassion and understanding of what

- 18 just, and her feisty "raise some hell"

`attitude toward life will be missed.

The American Civil Liberties Union

of Southern California has voted to

endorse signature gathering efforts for

a petition asking Congress to enact

legislation prohibiting the FBI from un-

dertaking investigations that threaten

First Amendment rights.

"The goal by the end of March is to

have 50,000 signatures on the petition

to the 101st Congress,"' said long-time

ACLU/SC board member Frank

Wilkinson. Wilkinson, who is also ex-

ecutive director emeritus of the Na-

tional Committee Against Repressive

Legislation (NCARL), has been repre-

sented by the ACLU Foundation of

Southern California since 1980 in his

efforts under the Freedom of Informa-

tion Act to obtain copies of the 132,000

documents collected by the FBI on him

and other members of NCARL.

Eighty-nine legal scholars from 40

of the nation's law schools along with

NCARL are sponsoring the petition

drive.

National ACLU President Norman

Dorsen (New York University School

of Law); ACLU National Advisory

Council Chair Eleanor Holmes Norton

(Georgetown University Law Center);

and ACLU activists Professors Frank

Askin (Rutgers Center for Law and

Justice), John ceJ Pemberton Jr. (Uni-

versity of San Francisco School of

Law) and Nadine Strossen (New York

University School of Law) are among

the sponsors.

"There is a precedent for this kind of

education and action," said Wilkinson.

"In 1964 NCARL used this approach in

its successful effort to get the House to

abolish the House Committee on Un-

American Activities."

Some of the provisions contained in

the petition call for limiting FBI inves-

tigations to situations where there are

specific facts to believe that a person

has violated federal criminal law, and

halting preventive or covert action de-

signed to disrupt or discredit organiza-

tions engaged in lawful political

activity.

Other provisions include the repeal

of federal speech and association

crimes; a warrant requirement before

the FBI engages in the most intrusive

investigative techniques,

wiretapping and bugging; and provi-

sions designed to ensure that the FBI

will not exceed its lawful authority,

including a requirement that sensitive

investigations be approved, in writing,

at a high level. The establishment of a

regular congressional oversight pro-

cess is also being requested.

ACLU/SC members are urged to

write to NCARL, 1313 West Eighth

Street, Los Angeles, CA 90017,

213-484-6661, for copies of the peti-

tion. Read the petition, and if you

agreed with it, complete and mail the

co-signer cards to NCARL.

ACLU/SC REPRODUCTIVE RIGHTS HOTLINE

A 24-hour service providing up-to-date information

on pro-choice activities

Call -

ITS INFO

(213-487-4636)

including"

OPEN Slee 3

New Perspective Quarterly, editor

Nathan Gardels and publisher Stanley K.

Sheinbaum will be honored at awards

ceremony.

ACLU Foundation -

Leadership Awards

to Honor Activists

Commitment to individual rights and

equal justice will be celebrated at a

gala ACLU Foundation dinner on Fris

day, April 14, 1989 at the Century

Plaza Hotel in Century City.

The honorees--leaders in their re-

spective fields---are political organizer

Bob Burkett, renowned folk singer

Joan Baez, California Assemblywo-

man Maxine Waters, and political ac-

tivist Judy Balaban Quine. New

Perspective Quarterly, a Los Angeles

based journal of political and_ social

thought, will also be recognized. Ac-

cepting the award for New Perspective

Quarterly will be its editor Nathan

Gardels and its publisher Stanley K.

Sheinbaum.

Several special guests will partici-

pate in the awards ceremony, includ-

ing ACLU Foundation beard member

Richard Dreyfrss, New York Times

syndicated columnist Tom Wicker,

singer and performer Kris Kristoffer-

son, and San Francisco mayor Art Ag-

nos. Also on hand will be actors Sarah

Jessica Parker, Robert Downey Jr.,

Judd Nelson and Ally Sheedy.

The 1989 Leadership Awards gala

was established to pay tribute to indi-

viduals who have devoted themselves

to the work that must continually be

done to preserve liberty--whether it be

through encouraging dialogue, inspir-

ing hearts and minds, or bringing to-

gether the social and political forces

necessary to work for civil liberties.

Information about the message/ad

journal and invitations is available by

calling the ACLU at 213-487-1720, ex-

tension 162.

Move to End

Confidential AIDS

Testing Defeated

A lawsuit that would have required

`the California Department of Health

Services to report to the state names

of persons infected with the HIV virus

was dropped in response to legal op-

position from the ACLU Foundations

of Southern and Northern California

representing the California Con-

ference of Local Health Officers.

The move to end confidential AIDS

testing through a Superior Court ruling

was initiated by California Physicians

for a Logical AIDS Response--the

same group that sponsored Proposi-

tion 102 on the November ballot calling

for doctors or clinics that. "have rea-

sonable cause to believe" that a per-

son is infected with AIDS or has a

positive HIV test result, to report the (c)

person's name to a local health officer

within 48 hours.

_ (Continued on page 6)

Page 4/OPEN FORUM

ACLU Seeks Court Order to

Prevent Anti-Choice Group

from Blocking Clinic Doors

The American Civil Liberties Union

of Southern California has asked the

U.S. District Court to issue a restrain-

ing order to prevent Operation Rescue

- an anti-choice organization - from

blockading women's health clinics in

California.

The complaint was filed on behalf of

several clinics and women's groups

throughout the state, and on behalf of

two women who were harassed by

Operation Rescue and blocked from

entering the clinics at which they had

appointments.

Many of the women prevented from

entering health clinics are going for

routine or emergency medical services

that have nothing to do with abortion. .

"One of the plaintiffs went to a clinic

several weeks ago because she had

just had abdominal surgery," said

ACLU staff attorney Carol Sobel.

"She couldn't drive herself and so

was driven and accompanied by her

minister. When she got to the clinic, in

terrible pain, the Operation Rescue

people accosted her and began push-

ing and shoving her and calling her a

`baby murderer.' They would not let

_ her in and she passed out. When they

were finally convinced she was not

pregnant, they started praying for her.

But the damage was done. Our client

was physically and psychologically

traumatized by this mob," said Sobel.

Operation Rescue has stated that

they are planning a "siege" on wo-

men's health care clinics throughout

California during the month of March,

and a "National Holy Week of Rescue"

scheduled for Easter. Their purpose,

they say, is to physically block women

who try to enter health clinics where

abortions are performed. :

Their tactics have included chaining

themselves and their cars to clinic

doors and furniture, and harassing

both patients and clinic staff.

Plaintiffs in the complaint include

Family Planning Associates Medical

Group, National Abortion Federation,

Federation of Feminist Women's

Health Center, Her Medical Clinic,

Pasadena Planned Parenthood Com-

mittee, Caring Women, Clinica Medi-

ca Par La Mujer, Dr. Leon Schimmel,

California NOW, Womancare Inc.,

Planned Parenthood of Santa Barba-

ra, Ventura and San Luis Obispo

Counties, Health Care Center for Wo-

men, Dr. Harold T. Peart, and Family

Planning Medical Clinic. -s

~~ MARCH

FOR WOMEN'S EQUALITY

WOMEN'S LIVES

Sunday, April 9, 1989, Washington, D.C.

Pre-march ACLU Brunch

9 a.m. to 11 a.m.

1616 "P" Street, N.W.

(Between 16th and 17 Streets, near Dupont Circle) -

Join the ACLU's Legislative Office on

CONGRESSIONAL LOBBY DAY

FOR WOMEN'S RIGHTS

Monday, April 10

CONTACT:

For General Information:

(202) 347-2279

on the March, after April 1:

(212) 944-9800

For Information on Lobby Day:

After April 1:

(202) 544-1681

Bring homemade ACLU signs calling for WOMEN'S EQUALITY

AND WOMEN'S RIGHT TO CHOOSE ABORTION.

Wear White - as did the historic marchers for women's suffrage

National Organization for Women

For Information on ACLU contingent and

ACLU Washington Legislative Office

If you are unable to go to Washington, D.C., attend a send-off rally being

planned in Los Angeles. For information call 213-487-INFO.

The Year Ahead-

PRIVACY ON THE LINE

`March/April 1989 c

March/April 1989 _

OPEN FORUM/Page 5

ACTION ALERT - ACTION ALERT - ACTION ALERT - ACTION ALERT |

Reproductive Rights Being Threatened

WHAT YOU CAN DO TO VOICE YOUR OPPOSITION

The fact that the high court could severely restrict or reverse Roe v.

Wade does not mean that we are powerless. In August of this year, Justice

Harry A. Blackmun said, given the perspectives of his fellow justices, there

was a "good chance" that Roe would be overturned. Why did he make this

statement? Perhaps because he was alarmed by the attitudes of the

present members of the court on the abortion issue and wanted to alert the

public. Perhaps he wanted to say that massive support for Roe may well

help influence the court to preserve the status quo.

Roe v. Wade was decided in 1973, and not earlier, because by the early

1970s supporters of women's rights were marching in the streets, were

active in state legislatures and were backed by a reform movement in

medical, legal, and professional organizations.

Join in the effort to protect women's constitutional nght to privacy by

taking one or more of the following actions:

cent Pro-choice organizations including the ACLU, California Abortion

Rights Action League (CARAL), NOW and Planned Parenthood are

conducting campaigns to increase support for moe v. Wade. Volunteer to

help in these efforts.

cent Work within your aalenhe hood community, ei bik and profes-

sional organizations to activate those committed to reproductive choice;

adopt positions on these issues and participate in local actions in support of

reproductive choice...signature ads, speakouts, vigils, creative demon-

strations that help others to understand that our rights are in jeopardy. Call -

213-487-INFO for dates and information on planned activities.

cent Join hundreds of thousands in Washington, D.C. on April 9, 1989 to

demonstrate your support for women's equality and privacy. Contact the

National Organization for Women (NOW) at 213-395-4447 for more infor-

mation on this event.

cent Legislative advocacy is also essential. Write, call and send telegrams

to your representatives in Washington and Sacramento. Tell them why

preserving privacy, equality and public health is vital and urge pro-choice

legislators to take leadership roles in support of legislation protecting the

right to abortion and other reproductive freedoms.

cent Numerous friend of the court briefs will be filed with the Supreme Court

outlining the implications of reversing Roe from a variety of perspectives

and demonstrating support for Roe from different interest groups. Medi-

cal, legal, women's, children's rights, civil rights and religious organiza-

tions; members of congress, historians, ethicists, international experts,

law professors, and women who have personally had abortions, either

legally or illegally, will file briefs in support of Roe. Contact CARAL at

213-343-0513 if you would like. to join the brief.

While the decision in Roe is not one that today's court would make, never

in the history of the country has the Supreme Court taken away a

. fundamental right, such as privacy, once it has been recognized. Whatever

the result in the court, a mobilization in support of Roe will be critical to

securing popular political support for choice.

Pro-Choice Activities Commitments

I/we will do the following to support abortion rights and educate: the

public about the threats to those rights:

Date

Name/Organization

Address

`Telephone Day (2 Evening (__)

participate in activities opposing "Operation Rescue" on

March 22, 25 and on future dates

set up letter writing tables at shopping malls, public gather-

ings, etc.

organize letter writing campaign to

(legislators, media, Supreme Court, etc.)

sponsor media events

visit state legislators regarding MediCal abortion funding

and the elimination of the Office of Family Planning

circulate NARAL "Millions of Voices Silent No More" peti-

tions

volunteer to participate in a Speaker's Bureau

organize a delegation to attend the April 9 Washington,

D.C. "March for Women's Equality/Women' s Lives" :

sponsor fundraisers

plan a pro-choice public forum for my organization(s)

contact other organizations to become involved

Return this form to Betty Ann Dowing, ACLU/SC Field and Legislative

Coordinator.

If you would like activities/events suggestions, please call the ACLU,

213-487-INFO.

Page 6/OPEN FORUM

In February, the conittion demonstrate

nibh pport at hea

Angeles where "Operation Rescue" blocked patients and staff from entering.

Coalition Unites to Educate,

Keep Abortion Safe/Legal

Responding to the urgent need

for visible public support for legal

abortion, the American Civil Liber-

ties Union of Southern California,

along with other pro-choice groups,

called for the reconvening of the

coalition of organizations that had

worked together last year to defeat

the confirmation of Robert Bork to

the United States Supreme Court.

More than 150 representatives of

various local and national organiza-

tions attended the coalition's first

meeting in late January. :

_ In addressing the group, ACLU/

SC Executive Director Ramona

Ripston said that the Supreme

Court's decision to hear the Mis-

souri case, Webster v. Reproductive

Health Services, sounds a distress-

ing alarm. "There's no question as

_ to what direction the Reagan/Bush

Supreme Court is taking concerning

privacy rights," she said. "They are

moving backward and trying to take

women's rights with them. We just

won't let them."

Among the organizations present

at the meeting were the National

Organization for Woraan; American

Federation of State, County and

Municipal Employees; Southern

Christian Leadership Conference;

and American Jewish Congress.

Ripston and the other speakers

stressed the need for a massive

public educational campaign to rally

_ public support for reproductive free-

dom.

A second meeting of the coalition.

is now being planned to discuss fu-

ture action. For more information

contact Betty Ann Downing at the

ACLU office at 213-487-1720.

(Please see articles on page 4 and 5

on other mobilization efforts. )

clinic in Los

March/April il 198g :

Lawsuit Charges Mall With

Obstruction of Free Speech

The ACLU Foundation of Southern California has filed a law suit against

shopping mall magnate Ernest W. Hahn's companies for refusing to permit (c)

peace activists to exercise their free speech rights inside the Fox Hills Mall in

Culver City. :

In December of last year, the director of Westside SANE/FREEZE, a peace

organization based in Santa Monica, sought permission to distribute literature

and talk to mall patrons about peace and nuclear disarmament issues. Under

their policies the mall management denied the request saying that such activities

were not allowed.

"The mall's policies violate the California Constitution. They discriminate

among speakers based on their message," said ACLU Foundation Slaff Fellow |

Robin Toma. "If you're going to leaflet about a labor dispute or get someone to

sign a petition, it's okay with management. But providing informdtion about how

to prevent nuclear war is not allowed."

The Fox Hills Mall is one of many California shopping malls owned at least in

part by the Ernest W. Hahn Company, Inc. Although at least two other Hahn-

owned malls have been successfully sued for restricting free speech activities,

grassroots activists continue to encounter obstacles to free speech activity at

Hahn-owned malls. ~

The ACLU/SC is seeking a preliminary injunction to allow peaceful political

expression at the mall and to prevent the enforcement of mall policies that

recognize free speech rights only for the purpose of collecting signatures for

political petitions or registering voters.

Even those who want to participate in "permitted" free speech activities must

apply at least three days in advance; provide a $50,000 insurance policy if the

mall management requests it; deposit $75 which is held for two weeks, if

information is being distributed; stay within a designated area; and refrain from

soliciting financial contributions even in exchange for political buttons, bumper

stickers, or literature.

The suit requests the court to declare these rules iitioracca ty burdensome

on free speech rights. "The mall may claim that the deposit requirement, the

rule against soliciting contributions, and the other rules are reasonable ones, but

grassroots organizations such as SANE/FREEZE simply can't afford what it

costs to exercise our free speech rights there," said plaintiff Andrew Tonkovich,

director of Westside SANE/FREEZE. "The mall management is so difficult to

reach just to inquire about obtaining permission that it took me several days of

phone calling just to be told `no'.

Robins v. Pruneyard Shopping Center, decided in 1979 by the California

Supreme Court and affirmed by the U. S. Supreme Court in 1980, is the landmark

decision establishing that Californians have free speech and petitioning rights in

privately owned shopping malls. The court, in handing down that decision,

declared that today's SHOpPINE malls are comparable to yesterday's downtown

business districts. i

Officers, Delegates Elected for 1989

ACLU Files Complaint Against

The ACLU Foundation of Southern

California, along with the Asian Pacific

American Legal Center of Southern

California (APALC) have filed a com-

plaint with the Equal Employment Op-

portunity Commission (EEOC) against

the Pomona Valley Community Hospi-

tal because of the hospital's "Speak

English Only" policy.

Aimed at the Filipina nurses of the

Maternity/Child Services Unit, the pol-

icy forbids the nurses to speak their

native Filipino language in the hospital

at any time, including during breaks

and personal telephone calls. The pol-

icy does not prohibit the speaking of

other foreign languages, such as Span-

ish or Korean, which are also used in

the unit.

"The courts require that you have a

`business necessity' if you are going to

forbid someone to speak a foreign lan-

guage," said Robin Toma, ACLU/SC

Slaff Fellow. "Forbidding the nurses to

speak their native language, even dur-

ing private phone conversations--

sometimes speaking to relatives or

parents who have not yet learned En-

glish--doesn't serve a `business neces-

sity,' it degrades the nurses."

Nurses who have been heard

speaking the "forbidden" language, or

who have questioned the ban, have

been harassed by their supervisor.

Nurse Aida Dimaranan, the plaintiff

in this case who has expressed her

opposition to the rule has been placed

on probation by her supervisor, which

-Hospital's `English Only' Policy

permits the hospital to fire her in three

months.

The ACLU and APALC have sent

the hospital a letter outlining their de-

mands, including the withdrawal of the

illegal policy and the issuance of a new

policy stating that hospital employees

may speak any language providing it

does not interfere with business neces-

sity.

"We believe that the Filipina nurses

are hard working and courteous to

coworkers," said APALC legal staff

_member Kathryn Imahara. "Speaking

Tagalog--their native language--does

not interfere with their work perfor-

mance. The ban has created bad feel-

ings; nothing positive has come of it."

"English Only rules have become a

weapon against cultural-diversity,"

said Toma. "They fuel the misconcep-

tion that workers speak in non-English

languages to deceive others. In real-

ity, it is more comfortable for them, in

private conversations, to speak in.

their native tongue."

According to Toma, there has been

an upsurge in workplace English Only

rules generated by anti-immigrant |

sentiment as a result of Proposition 63

which made English the official state

language.

The ACLU/SC and APALC recently

filed an EEOC complaint against Ex-

ecutive Life Insurance Company,

based in Los Angeles, which resulted

in the company withdrawing its English

Only policy aimed at bilingual Asian

Pacific and Latino employees.

Eve Triffo, incumbent president of

the American Civil Liberties Union of

Southern California, was elected to a

second one-year term by acclamation

at the board's January meeting. Other

officers elected were: Ellen Green-

stone, first vice president; Glenn

Goodwin, second vice president; Dun-

can Donovan, third vice president; and

Gary Mandinach, fourth vice presi-

dent.

Also re-elected by acclamation

were Sylvia Sims, secretary and Mary

Ann Yurkonis, treasurer. Lloyd Smith

was elected assistant secretary/trea-

surer and John Tate was elected na-

tional board representative.

Elected to the executive committee

were: Maxine Baker-Jackson, Peggy

Bell; Toni Cordero, Joyce Fiske, Mary

Ellen Gale, Nancy Greenstein, John

McTernan, John Tate and Antonio Vil-

laraigosa.

Biennial Conference

Eight board members were elected

AIDS Testing (From page 3)

Jon Davidson, ACLU Foundation of

Southern California staff attorney said

that the idea of ending confidential

testing was "antithetical to scientific

fact and common sense."

In its court papers, the ACLU/SC

relied on numerous studies which have

demonstrated that mandatory report-

ing causes dramatic decreases in the

number of people willing to be tested

for the virus, thereby interfering with :

necessary medical supervision, scien-

tific research, and efforts to counsel

those who are infected about how to

change their behavior so as not to put

others. at risk.

Davidson said that health depart-

ments do not want testing reports, and

there is nothing for health departments

as delegates to the Biennial' Con-

ference to be held at the University of

Wisconsin, in Madison in June 1989.

The delegates are Erwin Chem-

erinsky, Toni Cordero, Glenn Good-

win, Nancy Greenstein, John

McTernan, Paul Schrade, Eve Triffo,

and Mary Ann Yurkonis. Duncan Do- -

novan and Frank Wilkinson were elec- _

ted as alternates.

Created in 1954, the Biennial Con-

ference is a mechanism for i increasing

affiliate participation in the affairs of

the ACLU. The conference draws the

largest gathering of ACLU leaders

from throughout the country and plays

an influential role in shaping the policy

of the National ACLU through recom-

mendations to the national board of

directors.

At the last conference held in 1987,

more than 500 ACLU activists (c)

gathered in Philadelphia, Pennsyl-

vania to debate civil liberties issues

and organizational matters.

to do with them. "Requiring the re-

ports," he said, "would not only divert

precious funds from education pro-

grams but also waste those funds."

Matthew A. Coles, staff attorney

for the ACLU Foundation of Northern

California called the result "fabulous."

"We were confident that the court

would agree with the Director of the

California Department of Health Ser-

vices, the California Conference of Lo-

cal Health Officers, the CMA, the U.S.

Surgeon General, the National In-.

stitute of Medicine and many others

that mandatory reporting of HIV infec-

tion cases is bad public health policy, -

but it is wonderful that the plaintiffs.

have decided simply to give up the

fight," he said. a

: MarchiApr 1989

ACLU/SC CHAPTER MEETINGS

BEVERLY HILLS/

WESTWOOD is

LESBIAN/GAY

RIGHTS

"

OPEN FORUM/Page 7

Chapter Activist Will Be Honored

For Lifelong Commitment to Causes

inst Thursday, Mar. 23, 7 p.m. Susan Tuesday, Mar. 28, 7:30 p.m. Wo- At age 65, Idalia ee 22 truly

mit phillips of Human Serve will moderate men's Issues. say she has lived Der oe c Es

lin a panel discussion on the pending law- Tuesday, Apr. 25, 7:30 p.m. Call mitted to causes which have ae 2

suit that accuses Los Angeles County 213-368-3070 for topic. make our country a better place in

At of discrimination against Latino vo- Location: Plummer Park, Multi- which to live.

ters. Panelists include: Richard Fajar- purpose Room, 7277 Santa Monica _ For her lifetime devotion to the

der do, MALDEF; Ted Shaw, NAACP Blvd., West Hollywood. causes of ae Need e se ae

nmen ;

2 ; Legal es See _ tee LONG BEACH - aE the installation of the Pomona

at ee a Free Ad oe Monday, Mar. 20, 7:30 p.m. Chapter of the American Civil Liber

0 _ ome : oo ll be Monday, Apr. 17, 7:30 p.m. ties Union of Southern California.

`e cae, oe SU Aa ase Call 213-427-6260 for information Born in 1903 in rural Smokes Cross

ow ae day, Apr. 27, 6 p.m. Steering and location. Road, South Carolina, Chestnut did

ti d noshost din : -her share of cotton picking and hoeing

a com ee Sam pee PASADENA/ on the 40- acre farm on which she was

hn- Both meetings will be at the West- FOOTHILLS raised.

eS, side Pavilion, Community Room (3rd_ Saturday, Apr. 22, 7:30 p.m. Spring Although her father Weed her

"at floor, Overland Boulevard side of social and program meeting. Marvin `rom the country school when she was

a shopping center), 10800 W. Pico Bou- Schacter will discuss the question, 0x2122 Dae gr SF ie coat Idalia Chestnut

C levard, Los Angeles. For information "How Much Gentler? How Much Kind- 28euro4 tO win a scholarship pa

, : . 1962 Chestnut joined the ACLU/

hat 3-203-9525 or 213-670-7999. ? How Much Fairer?" For informa- College. Upon graduation she re " ee

for oe Chapter Election Results tion aad acetine locition call Ed turned to the rural south where she a and became a a cee i

Mireya Wharton, president; Lee Malecki 818-791-3095 or Bob Knox taught at a segregated school in Jack. Oe Was appoliicd 1 te ote ay

i Baker, Garland Agee oy pee Ken- 818-794-5929. Donations welcome. cae oe they se acta an presides ioe Wovens. Hera ane

euro dall, vice presidents; arton, - : J

Ree? z 2 aware of the plight of the rural poor, She was also editor of the Gale, the

i ean a ee oe POMONA VALLEY both black na white. : chapter newsletter.

Der and L dia Kendall, Chapter Council Saturday, Apr. 1, 10 a.m. Steering _ J 1933 Chestnut earned a second Upon retiring from the Health De-

re coins Lee Baker and Carol C0x00B0mmittee Meeting. For information degree in nursing and again returned partment, Chestnut turned her ear

ae Mh sbdniaice So ane By and meeting location call Al Vezzetti to work among the poor in Nashville. gies toward the civil rights and anti-

fe ans ee es one fe the 714-624-8737 : Three years later she was appointed War movement of the 1960s. She also

Sut `AGL Board of Ditactors: Lydia Ken- Chapter Election Results to the South Carolina Board of Health. | fought housing discrimination in the

| Hay ie Carol MeRGEAG Na: John D. Sullivan, president; Al Vezzet- While at Vanderbilt University South bay, participated in the move-

: Honal beciition (Comme Kel and first vice president; Rose Ash, sec- studying nursing, Chestnut first came ment to keep Cabrillo Beach public and

Gis, cue Legislation Commit- 084 Vice president; Betty Stern, in contact with "damn yankees," an Worked to keep Harbor Lake, now

of fae secretary; Jackie Sullivan, treasurer; association which helped her to further Machado Lake, from becoming a par k-

a os Bone and Al jee develop her social_and political cons- ing fe

. apter Council representatives; cience, estnut is currently an active

ee See EvBUM Sh Glenn Goodwin and John Hutchison, -_ Chestnut joined the Navy in 1943. as member of Beyond War, Carson Coor-

a Oe Ae CIDE enerm! alternates; Jotn-D. Sullivan, chapter 3 tientenant hospital nurse assigned dinating Council, Harbor Human Rela-

`in Berger Gluck studies facult P gn ,

es sa a Cai Bea i: y tepresentative to the ACLU Board of Camp Le Jeune. There she met tions Council, Gardena First

- ee se ene sie real oe Directors; Al Stern, alternate. Marine Warrant Officer Clyde Methodist Church, Gray Panthers,

aie se at Occupati a the Struggle for -, Chestnut whom she married after the and People for the American Way, and

Palestinian Self-Determination and SAN LUIS OBISPO [ ] war in 1946. They settled in California _ 18 presently devoting her energies to

) 5 _ where Chestnut went to work as a Working for world peace and the abol-

the Role of Women." Gluck recently Thursday, Mar. 23, 7:30 p.m. Ex bic health itindent dtcanttal BGALiaenl

joined other American Jews on a fact- _ ecutive Board meeting public health nurse. aa :

ie finding trip to the West Bank and Thursday, Apr. 6, 7:30 p.m. Legal ates

y 8 Gaza, where she met with Palesti- Review Committee.

d. nians and Israeli peace activists. She Thursday, Apr. 27, 7:30 p.m. Ex- ACLU/SC REPRODUCTIVE Gh ls

jit will present a slide show and discuss _ ecutive Board meeting HOTLINE

od- her interviews with representatives of For information and meeting loca-

a the Palestinian women's committees. tion call 805-528-5134. A 24-hour service providing up-to-date

0, Apr. 24, 7:15 p.m. "Anti-Semitism, Saturday, March 25, 2-4:30 p.m. information on pro-choice activities

1 Lesbo-phobia and Racism" panel dis- | OpenForum, "Working to Protect Wo-

euroc- cussion. men's Rights." Call -

| Location: ACLU Seniel Ostrow Location: The Promontory, 406

on ~--_ Building, Library, 633S. Shatto Place, Higuera St., San Luis Obispo. ITS INFO

Ing Los Angeles. For information call Dr. : =. 213-487-4636

2 Betty Brooks, 213-861-1600 or the ~ SINGLES ( )

= ACLU 213-487-1720. Se ee 19 po Practices

. and Ci iberties" panel discussion.

a 7 mmittee Moderator, attorney Carol Watson. J ER THE A iL

a eetings Attorney John Burton and two other )

ai MARCH and APRIL speakers (to be announced).

Location: Burton Chace Park, The American Civil Liberties Union of Southern California, one of 52

37 Pollayenge is o lst of boromittee Hicetinos tor 13650 Mindanao Way, Marina Del | affiliates throughout the country, was founded in 1923. It exists to defend

ig , March and April. Unless otherwise noted, all Rey. Suggested donation: $5.00 the principles embodied in the Bill of Rights - the freedoms of speech,

of eas = ue He t "Angels. The ACLU members, $6.00 non-members. press, religion and association, and the right of privacy, to equal protection

- foci Sha ce `For information call Dean ] ofthe lawsand to due process oflaw. The ACLU also seeks to extend these

. 213-392-7149, Myron 818-893-2276 or liberties to all men and women. Please join us in preserving cherished

ommittee Date Time

: Susan 213-203-9525. rights.

ee comes ae 14 7:30 p.m.

oard o tors* h15 7:00 p.m.

Medical Rights March 27. 7:30 pm. SOUTH BAY - Name

re; Lesbian and Gay Sunday, Mar. 19, 2-4 p.m. Officer

ert oe ou Installation Dinner, honoring Idalia | Address x

Cc . -Mm. : pound

0; First Recuincat" March 29 7:30 aot Chestnut. Speakers: Erwin Chem- : 4 .

Workers' Rights April5 -7:00 p.m. erinsky, ACLU board member; City, State, Zip

ey Women's Rights+ April5 -7:30 p.m. Michael Zinzun, Coalition Against Po-

rn aarahee April 10 7:30 p.m lice Abuse. Individual Joint

57 Executive Aprl11 7:30 p.m. For location or other information Basic Membership: _[(_] $20 [1 $30 . y

urt Chapter Council April 19 _ 7:00 p.m. call Flo Smith 213-541-0288. Contibuting Membership: (1) $35 (1) $50 ~

the a oc PE Oe Supporting Membership: ([] $75 C1 $75

er: Rights . WHITTIER Sustaining Membership: () $125 L] $125

4 See eae a" 28 a0 Pe : we day Ma r. 19, BR 45 p. m "The O $5 Limited Income Member L] Other

0: * Board ` "2 |. Assault on Women's Reproductive .

in; _| Temple 4357 Wishire Bd, Los Angeles. | Rights," Betty Ann Downing, ACLU | Bnclosedis my check for$-

as | "* Lesbian and Gay Rights General Meeting: staff member will speak. Potluck ease make checks out to American Civil Liberties Union.

sa ee See 7377 Santa ue Send check and this coupon to: American Civil Liberties Union of

onica Bly 0 :

Ys Women's Rights: Cal Jean Gates Location: First Federal Savings and | Southern California, 633 South Shatto Place, Los Angeles, CA

ffs | 213-487-1720 for location, Loan' fa Mirada Malk 90005. Attention: Membership Department.

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The American Civil Liberties

in the Supreme Court. Our'`goal

is to be effective through the

legal process. _

But you can help us make

that process work, as well.

By speaking out.

-- Tolet your government know

how you feel, sign this letter, and-

send it to us. We.will forward it to

the Justice Department.

Generally, in ads of this

nature, we ask for your contri-

butions. And as always, whatever

you can spare will help us in our

more than anything, is your voice.

Public outcry has worked

effectively in the past to safeguard

crucial civil liberties.

_ With your help, we can be

effective again. - oe

American Civil Liberties Union Foundation

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Attorney General Richard Thornburgh

Justice Department

Dear Mr. Attorney General:

I understand that you have asked the Supreme Court to

overturn Foe v. Wade, the historic 1973 decision that recognized

the constitutional right to choose an abortion. i

This decision gave every woman in the country the right

to a safe and legal abortion, affirming the right of privacy. It has

dramatically improved the health and lives of millions of women.

It has helped people to raise families when they are most able

to provide love and support.

Making abortion illegal will not stop abortion. It will make it

difficult at best, and life-threatening at worst. All women will be

affected, but it will be especially hard on poor people. As a sworn

guardian of our Constitution, you understand how important it

1s that there be equal rights for everyone.

I have no vote on the Supreme Court. But since you represent

my interests there, I hope you will urge the Court not to take away

a fundamental constitutional right.

Signature

`Name (Please print. )

Address

elmira ae a _-

Three of the four cases now pending are being litigated by the ACLU.

Your help with this litigation as well as our campaign to keep abortion

safe and legal is greatly appreciated.

Enclosed is my contribution inthe amountof$

_ Please return signed letter and contribution, if possible, to

ACLU Foundation of Southern California

633 South Shatto Place, Los Angeles, CA 90005