2ND QUARTER 2014 www.aclu-nj.org Keeping new Jersey safe and free — since 1960 CIVIL LIBERTIES REPORTER ACLU-NJ Sues Seven School Districts ACLU-NJ Calls for Discriminatory Enrollment Policies on State to Adopt Lawsuits targeted worst offenders among 136 non-compliant districts Recommendations or more than 30 years, courts have forbidden school F districts from discriminating against students based on Bail Reform on immigration status. In New Jersey, districts may only require parents or guardians to submit proof of the efendants who languish for months in jail child’s age and in-district residency, and nothing more, D because they cannot afford to post bail for to enroll their children in a local public school. low-level offenses are often the poorest in the However, upon examining the policies of 600-plus state, according to a report issued by a state school districts statewide in March, the ACLU-NJ found committee assembled to study bail reform in that 136 required photo identification or imposed other New Jersey. Low-income communities of color impermissible barriers to enrollment. In many cases, disproportionately bear the impact of our current such restrictions discourage undocumented parents from bail system, which largely determines whether registering their children for school. On April 3, the ACLU- people will await trial in jail or freedom based on their finances rather than the risks they pose. The report, issued in March, called on the “ Schools must not erect barriers that state to make a series of reforms that would both expedite the trial process and allow judges discriminate against immigrant to make decisions about detention and release families and prevent children from based on the threat a defendant poses to the districts imposed policies that not only ignored clearly public rather than a defendant’s ability to pay. receiving the education they’re established law, but worse, discriminated.” ACLU-NJ Senior Staff Attorney Alexander Shalom entitled to by law.” But some didn’t heed the ACLU-NJ’s warnings, and on was a member of the Joint Committee on Criminal — Udi Ofer June 2, the ACLU-NJ filed seven lawsuits against school Justice, which made the recommendations. Chief ACLU-NJ Executive Director districts with the most restrictive enrollment policies. Justice Stuart Rabner established the committee Within a week of our filings, all seven districts came of judges, attorneys and experts in June 2013 to into compliance with the law. focus on issues relating to bail and the delays in NJ sent letters to the offending districts, explaining that “Schools must not erect barriers that discriminate bringing criminal cases to trial. they must rescind their policies or face potential legal against immigrant families and prevent children from “Prosecutors, defense attorneys, civil action. More than 100 districts fixed their policies after receiving the education they’re entitled to by law,” said libertarians, judges and court administrators receiving the ACLU-NJ’s letter. ACLU-NJ Executive Director Udi Ofer. “The ACLU of New have joined voices with representatives of the “Time and again, courts have ruled that in a Jersey will not rest until all children in New Jersey are legislative and executive branches to say that the democratic society, the doors of public schools must treated equally, regardless of their immigration status.” current system of bail and detention promotes be open for all children who live here,” said ACLU- View the list of school districts at www.aclu-nj.org/ neither justice nor public safety,” said Shalom. NJ Senior Staff Attorney Alexander Shalom. “These idpolicies Continued on page 3 State Attorney General Orders Police to Stop Photographing Protesters at Christie Town Hall ess than an hour after the ACLU-NJ issued L a statement criticizing the State Police for photographing protesters at Gov. Chris Christie’s town hall meetings, the acting state Attorney General ordered the State Police to stop the practice. On March 13, at a town hall-style event in Mount Laurel, a group of demonstrators disrupted the governor’s remarks to ask about the shutdown of the George Washington Bridge. When protesters showed up at a town hall event in South River five days later, on March 18, to ask for transparency on distribution of Sandy aid, the state introduced a new tactic: taking photographs of the vocal dissenters. The photographer identified himself to a reporter as a member of the State Police. The ACLU-NJ issued a public statement criticizing the practice, as did Senate Majority Leader Loretta Weinberg, who quickly called on Governor Christie to repudiate the tactic. Less than an hour after the ACLU-NJ released its statement on March 19, the acting Out in the Street state Attorney General John Hoffman, along with State Police Superintendent Rick Fuentes, ordered the at Asbury Park Pride State Police to stop photographing protesters. “New Jerseyans must be able to express their ACLU-NJ staff, volunteers and friends, pictured above, stride with viewpoints without having to fear police officers pride at the Asbury Park Pride Parade on June 1, 2014. Honorary photographing them and creating political dossiers,” mascot for the day, Neko, pictured right, comes out to greet said ACLU-NJ Executive Director Udi Ofer. “It raises adoring fans. serious First Amendment concerns that the State Continued on page 2 ACLU-NJ Civil Liberties Reporter n 2nd Quarter 2014 A Civil Debate on Civil Rights Librarians Recognize ACLU-NJ’s Open Government Advocacy with Watchdog Award and Liberties ALA’s Eileen Cooke Award recognizes ACLU-NJ’s state-level advocacy for transparency n March 14, Freedom of Information Day, the American Library Association O (ALA), a longtime ally of the ACLU in fighting for transparency and against censorship, honored the ACLU-NJ for its open governance advocacy. The Eileen Cooke Award gives national recognition to advocates at the state level leading the fight for public policy that advances the public’s right to know. The awards ceremony took place at the Newseum in Washington, D.C. “The recognition of our open government work from the American Library Association, one of the most passionate, most effective defenders of the public’s right to know, comes as an enormous honor,” said ACLU-NJ Legal Director Edward Barocas. “The ALA and the ACLU have both worked not only to protect the public’s right to know, The ACLU-NJ hosted a forum where candidates for New Jersey’s 12th Congressional but also to fight against government District, Upendra Chivukula, Alieta Eck, Linda Greenstein, Bonnie Watson Coleman surveillance and censorship. We at the and Andrew Zwicker, from left to right, debated New Jersey’s most pressing civil ACLU-NJ hope that our future efforts to liberties concerns. NJTV Anchor and Managing Editor Mike Schneider, pictured far strengthen the role of public participation right, moderated the May 1 event held at the Unitarian Universalist Congregation continue to uphold the ALA’s legacy of of Princeton. securing accountability and transparency.” Since its beginning in 2009, the ACLU-NJ’s Open Governance Project has distinguished itself as a leading government watchdog in New Jersey. The project’s victories have given the Police Photos public greater access to records and public meetings, including in one case Continued from page 1 concerning Mark Zuckerberg’s $100 million pledge to Newark’s schools. The Open Governance Project’s work in Trenton has resulted in policy changes, Police may be photographing protesters at Gov. Christie’s town hall meetings.” including passage of a bill lowering fees required from members of the public The administration said that it did not condone the monitoring of activists, for copies of government records. Most recently, the ACLU-NJ issued a call for which was apparently conducted by members of the State Police. The ACLU-NJ more transparency at the Port Authority and in the Christie administration in the also called on the State Police to destroy existing photos of protesters it had wake of the Bridgegate scandal. taken at previous town halls. The ACLU-NJ pressed for more details about the extent of the recording of demonstrators. Legislative Corner enate Majority Leader Loretta Weinberg has ACLU-NJ: Government transparency has received more S been a member of the New Jersey Senate since attention in the wake of the George Washington 2005, representing the 37th legislative district Bridge incident. Why is open government so in Bergen County. The ACLU-NJ has worked with important in New Jersey? Senator Weinberg on a number of critical civil rights I have fought for years for good government measures, and liberties issues, such as marriage equality and including at the Port Authority of New York and New Jersey government transparency. — long before the lane closure ordeal. The Port Authority is a clear example of government operating in the shadows. When the agency recently raised tolls, the board ACLU-NJ: What is the civil rights/civil liberties of commissioners did it in a way that did not include accomplishment you’re proudest of in your career? I have dedicated my career to fighting for those “ Secrecy anywhere in public affairs is dangerous. It without a voice and working to correct injustices. fosters the risk of corruption and wrongdoing, and Most recently my decades-long advocacy for undermines the faith of the public in government. marriage equality culminated with the Superior Court decision that allowed same-sex couples to marry in Shining a light on government is vital to holding New Jersey. I was the prime sponsor of a 2004 law public officials accountable and to building and that established domestic partnerships in New Jersey. maintaining the public’s trust.” The law afforded same-sex couples hospital visitation rights and the ability to make health care decisions for their loved one; it also allowed the partners New Jersey Senate Majority Leader Loretta Weinberg adequate input from the public or sufficient information for of state workers to receive health and certain commuters.