Arpaio Set to Stand Trial
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Forum To Highlight Attacks on public schools Launch of Prison Reform Campaign are attacks on civil liberties By Victoria Lopez, Program Director Truth in sentencing, mandatory minimums, the crack/cocaine sentencing disparity, and prison privatization have exacerbated inhumane and dangerous conditions in prisons nationwide. The Over the past year, Arizona has once ACLU of Arizona receives hundreds of complaints every year from people in jails and prisons again been propelled into a national across the state, as well as their family members, documenting a systemic denial of basic debate about discriminatory laws medical care and mental health services. intended to target Latinos. This time, however, instead of the police The need to reform Arizona’s bloated, inefficient and unjust prison system is checking “papers,” we are seeing an Volume 41 long overdue. The ACLU of Arizona works regularly in the courts and at the unprecedented attack on academic Standing Up for Freedom legislature to protect everyone’s civil rights and liberties. This year, we Issue 1 Forum Details: freedom by banning public school are ramping up our efforts to ensure humane treatment for people teachers from teaching ethnic March 22, 2012 incarcerated in Arizona and promoting laws and policies that 6:30 p.m. to 8:00 p.m. studies and, more specifically, provide fairness in our criminal justice system. We’re developing Mexican-American studies (MAS). Maryvale Community a campaign for the public that will include an interactive website Center Auditorium highlighting the experiences of those held in Arizona prisons with The ACLU of Arizona is very concerned about the 4420 N. 51st Ave. videos, personal narratives, and other educational materials. Visit implications of the anti-ethnic studies law for all students Phoenix, AZ 85031 www.acluaz.org to be a part of the campaign and join us March 22, in Arizona public schools and for fundamental First 2012, for a public forum with legal and medical experts, community Amendment rights that allow us to read, speak and think Arpaio Set to Stand Trial advocates and formerly incarcerated people who will shed light on the freely regardless of race, ethnicity, sex, religion or national brutal reality of medical and mental healthcare inside Arizona prisons. origin. in ACLU Lawsuit Challenging Racial Profiling For details and to RSVP, visit the ACLU of Arizona event calendar: www.acluaz.org/calendar. The law in question, Arizona Revised Statutes §15- 112, which went into effect on December 31, 2010, prohibits schools from teaching subjects that promote New Member Open House “the overthrow of the United States government, Are you new to the ACLU? Have you been a member for years, but want to meet other ACLU promote resentment toward a race or class of people, members in your community? Come to our New Member Open House on Saturday, March are designed primarily for pupils of a particular ethnic 24th, 2 p.m. - 4 p.m. in Phoenix. Meet other members, ACLU board members and staff. For race” or “advocate ethnic solidarity instead of the or Dan Magos and the ticketed for offenses additional details and to RSVP, email [email protected] or call Addy at 602-773-6015. treatment of pupils as individuals.” While the law does not specifically cite the MAS program as one of the prohibited dozens of other ACLU for which whites were courses, current Superintendent of Public Instruction clients who are suing not. Although Magos, John Huppenthal and former Superintendent of Public FMaricopa County Sheriff who is a U.S. citizen, Instruction Tom Horne, now Arizona Attorney General, Joe Arpaio for pulling was never ticketed for have long been outspoken critics of the Latino studies them over because of any offense, he was program. the color of their skin, the humiliated and recalls Department of Justice’s “feeling defenseless Faced with the threat of losing millions of dollars in public report that the sheriff during the incident, funds for the district unless it ended or modified the was violating the civil so much so that I was program, the Tucson Unified School District (TUSD) board rights of Latinos came as depressed for days voted in January to end the program despite evidence no surprise. after it happened and demonstrating the program’s successes and an audit became disillusioned commissioned by the Arizona Department of Education “It’s great to see the with the justice system,” (ADE) finding “no observable evidence […] to suggest that federal government he added. any classroom within TUSD is in direct violation of the law.” finally take some action, but they confirmed But after four years of In its intention and implementation, the law is being used what we’ve known all along: that Arpaio is an out-of-control sheriff Above: Cecillia Wang, Director of the ACLU litigation that included sanctions against the Sheriff for deliberately to target and censor classroom discussion related to who is perpetrating some of the worst civil Immigrants’ Rights Project, addresses the destroying police records related to traffic stops, we’re seeing Mexican American history and thereby chills fundamental rights abuses our country has ever seen,” said media during a press conference after a progress in our efforts to hold Sheriff Arpaio accountable. One federal court hearing on December 22, 2011. speech rights of students and teachers. On the ground, Magos, 67, who was pulled over by a Maricopa The ACLU claims that MCSO actions are week after the DOJ report was released, a federal court judge these decisions have created massive disruptions for County Sheriff’s deputy in 2009 while driving motivated by racial bias, and result in racially issued a ruling confirming – once again – what the community TUSD students and educators. Most recently, school his truck. “Now they need to take it a step discriminatory treatment. (L-R) Annie Lai, has known all along: that MCSO’s practice of stopping and officials decided to remove books from the district’s farther and actually do something to protect Clinical Teaching Fellow at Yale Law School; arresting Latinos based only on their perceived immigration status curriculum and physically pull books from classroom Dan Pochoda, ACLU-AZ Legal Director; Andrew Latinos from even more abuse.” Byrnes, of the pro bono law firm of Covington and without any evidence of criminal activity violates the U.S. shelves, effectively banning the materials solely because & Burling; Ms. Wang; Stanley Young, of Constitution. The judge ordered Arpaio to immediately halt those of the messages they contain. The ACLU has been working to protect Latinos Covington & Burling; and Alessandra Soler detentions and then paved the way in Maricopa County long before December 2011, when the DOJ Meetze, Executive Director of the ACLU-AZ. for a separate trial – scheduled The ACLU of Arizona recently signed a letter with over Photo Courtesy of Barriozona Magazine. issued its scathing report on the Maricopa County Sheriff’s Office for later this year – on race 30 local and national organizations to oppose the (MCSO). In 2008, we filed a civil rights lawsuit challenging racial Left: Alessandra Soler Meetze, Executive discrimination. removal of books used in the MAS classrooms. We profiling practices by MCSO. In fact, the Department of Justice’s Director of the ACLU-AZ, answers reporters’ have also filed records requests demanding access report – which was based on 400 interviews including many questions during a press conference on “For far too long, Sheriff Arpaio has to all of the information used by Huppenthal in with ACLU clients – confirmed what we previously submitted as December 22, 2011. U.S. District Court Judge been operating with total impunity, making the determination that the MAS program is Murray Snow ordered that the case should evidence for the litigation. For example, we uncovered hundreds of proceed as a class action and noted that the abusing his power and victimizing out of compliance with state law as well as policies emails over the past several years confirming that Arpaio actually plaintiffs have already made a strong showing Latinos to advance a political regarding the removal of books from public school encouraged and condoned racial profiling and took action to “go of intentional race discrimination. Photo agenda that has actually jeopardized public safety and cost county classrooms and libraries. In the coming months, we after illegals” after receiving racially-charged citizen complaints courtesy of Willie Stark, ONE/MILLION. taxpayers millions of dollars,” said ACLU of Arizona Executive will partner with community groups to host ethnic against “dark-skinned Hispanics and people speaking Spanish.” Right: Tim Casey, Arpaio’s lead attorney for Director Alessandra Soler Meetze. “We look forward to a final studies teach-ins and banned book readings. the case, defends the Sheriff’s actions during resolution of these issues at trial where the Sheriff’s true colors will Please check our website (www.acluaz.org/ Our experts provided evidence showing that Latinos like Magos were a press conference. Photo courtesy of Willie be fully exposed in a court of law.” calendar) for more information about these events stopped at significantly higher rates than white drivers, and then Stark, ONE/MILLION. and activities to defend the First Amendment and support tolerance in our public schools. Phoenix, AZ Phoenix, Postage Paid Postage Periodicals PO Box 17148, Phoenix AZ 85011 AZ Phoenix 17148, Box PO Civil Liberties in Arizona Visit us at www.acluaz.org