CONTENTS Little Regard for Department Policy, Effective Troops Who Immediately Advanced in Policing, Or the Constitution

Issue: October 2008

civil liberties of all people in Colorado thro l rights and ugh litiga d the civi tion, e d exten ducat fend an ion a otect, de nd a do is to pr dvo U of Colora cac The mission of the ACL y.

Demonstrating at the DNC: the Good, the Bad and the Ugly ACLU First, the good news. Considering the To begin, however, we’ll return to the good. of Colorado armor, weaponry and sheer number of Despite being armed to the teeth, police ACLU Foundation officers present whenever a group of people wisely exhibited restraint in a few instances of Colorado engaged in free speech during the DNC, when demonstrator actions might have 400 Corona Street reported “use of force” incidents were provoked the use of force. For example, Denver, CO 80218 few. The bad? In addition to the serious during a Sunday afternoon event, a (303) 777-5482 civil liberties concerns raised by the mass group of rowdy but totally peaceful www.aclu-co.org arrests on Monday, August 25th, which protestors blocked a portion of the street you’ll read more about below, there were between Civic Center Park and the many individual incidents in which Denver State Capitol. Police SUVs swarmed in, law enforcement officers seemed to have delivering legions of armor-clad riot CONTENTS little regard for department policy, effective troops who immediately advanced in policing, or the Constitution. The ugly? formation to within arms’ reach of the Hello, My Name Is... Even though physical conflict was largely demonstrators. During a few tense 3 Mistaken ID Arrests avoided, law enforcement effectively chilled moments, one protestor lobbed free expression through an overwhelming an empty glass bottle toward Vote for Freedom display of militaristic force that surely the police line. It glanced off a 6 convinced many Denver residents that it was helmeted officer wearing full safer to stay at home, rather than to exercise Kevlar body armor and broke Spotlight: Meet their right to be heard. The reality of these on the pavement. 7 Gordon Gamm decisions blurred the line between security Continued on page 4… and intimidation, between safety and obstruction of expression.

Dear Friends, Whew! Now that the Democratic National Convention is finished, I can say I’m very proud of the ACLU of Colorado’s work before and during the convention. We were a big part of making the event run as well as it did. Over the five days of the DNC, there were relatively few arrests and only one incident that resulted in mass incarceration. On that Fall Calendar: Monday evening, we monitored the situation as police detained 300-400 people. Our lawyers were on the phone with the police commander asking about probable Thursday, Oct. 2, Vice Presidential Debate cause for large scale arrests. Ultimately, police arrested fewer than 100 people. Watch Party, 6:30pm Legal Director Mark Silverstein and Staff Attorney Taylor Pendergrass covered Hamburger Mary’s, 700 the city on bicycles, cell phones at the ready. Although they did not participate in any th E. 17 Ave., Denver. demonstrations, they were close enough to feel the sting of pepper spray that filled the Saturday, Oct. air after police used spray and pepperballs on protestors. 4, Carle Whitehead In addition to the convention-week work, our legal team was able to get the information Memorial Award Dinner about parade and park permits and the so-called free speech zone well in advance of the & Silent Auction convention. That made it easier for groups like Veterans Against the War, Code Pink and 5:30pm, Denver Marriott City Center • others to plan their peaceful activities. 1701 California St. Our It is unfortunate, however, that everything did not go as smoothly as the media reports made annual fundraiser. This it seem. The Denver police detained the Monday night arrestees in chain link cages in a year we’re honoring warehouse previously deemed unfit to store voting machines. Furthermore, policerefused Lucia Guzman. to allow arrestees to speak to lawyers during their time in the temporary detention Keynote speaker: facility. That decision violated not only the US and Colorado Constitutions, but the very plain Bruce Schneier. language of a specific Colorado law. The ACLU explained this to the police before and Monday, Oct. 6, during the DNC, yet law enforcement officials stubbornly refused to comply with the law. C3 Roundtable Ballot Guide Tour, 5:30pm, There were many more incidents, but we’ll address those in a future report on the DNC. We Aurora Public had hoped that our involvement would end with the convention, but that was clearly wishful Library, 14949 E. thinking. After putting so many of our resources and your contributions into the DNC, it is a Alameda Pkwy. shame that we still are not finished with it. Vote smart! Learn I thank you for your generous support during the last 19 months as we prepared for the about the upcoming DNC. I ask that you continue your support. The ACLU of Colorado needs your financial ballot measures support now. We have a lot to do before year’s end. We must fight against some bad from the ACLU’s coalition partners. ballot measures – #46: the end of all public affirmative action programs and#48 : legal rights for a fertilized egg. Once voters understand the practical impacts, they Tuesday, Oct. 7, overwhelmingly oppose these measures. The ACLU of Colorado must help inform the C3 Roundtable Ballot public. I hope we can count on you once again to help us fight these battles. Guide Tour, 5:30pm, C Thanks, Rodarte Center, 920 A St., Greeley. Vote smart! Learn about the upcoming Once again, the Gay ballot measures from the and Lesbian Fund for ACLU’s coalition partners. Cathryn L. Hazouri Colorado is matching all Executive Director new and increased gifts. Wednesday, Oct. 8, CU Denver’s Anatomy of War Series: Patriot Act , 11:30am, Tivoli’s Turnhalle, Auraria 2 Campus. Cathy Hazouri and David Hello, My Name Is… a full-time wife and Kopel discuss the Patriot Act. mom, Christina also Believe it or not, our Legal Department works full time at night Tuesday, Oct. 14, C3 Roundtable has been working on issues besides the taking care of disabled Ballot Guide Tour, 5:30pm, Summit Democratic National Convention this adults. County Community Center, Frisco. Vote smart! Learn about the summer. On August 11th, we filed suit On March 12, 2007, Christina upcoming ballot measures from against Denver and various Denver law was in the shower when the ACLU’s coalition partners. enforcement officers on behalf of five officers from theSterling Police clients, each of whom had been wrongfully Department surrounded her home Wednesday, Oct. 15, ACLU Young Professionals, arrested. In each case, “recklessly sloppy and then arrested her in front of her 6:00pm, Museo, 861 police work” resulted in the arrest of an neighbors.It was the first time in her life innocent person guilty of nothing other than Santa Fe, Denver. Gear that Christina had ever been arrested. up for the elections in having a name similar to that of a suspected The Sterling officers were acting on criminal. style with food, fun and a warrant obtained a year earlier by facts about the issues. Officers deliberately ignored facts that Denver Police Department Detective , demonstrated that they were arresting or Mark Dalvit. Dalvit was investigating Wednesday, Oct. 15 Pueblo Chapter Annual causing the arrest of the wrong person. After an assault and robbery in Denver. The suspect was the victim’s girlfriend, whom Members Meeting any arrest, Colorado law requires a prompt 6:00pm, Pueblo the victim and witnesses identified as appearance before a judge, but in almost Union Depot (The every case, the ACLU’s clients were denied Christin Fourhorn, 160 pounds, born April, Loft) 132 West “B” that right, preventing them from explaining 1980, tattooed, and who was reportedly St. All members and to the court that they were not the person returning to her home in Oklahoma. Dalvit prospective members named in the arrest warrant. Denver ran the name through the Colorado driver’s welcome. Guest policymakers have knowingly tolerated and license database and found the ACLU’s speaker Cathy Hazouri. turned a blind eye to an unjustifiable risk innocent client. Although the computer Wednesday, Oct. and frequency of such “mistaken identity” showed she was 90 pounds heavier and seven years older than the suspect, Dalvit 22, Words of Choice, arrests. Once could be an accident and an ensemble theatrical obtained a warrant for Christina’s arrest, twice may be a coincidence, but five performance on pro- separate incidents clearly indicate a pattern. on the basis of an affidavit falsely stating choice issues, 7:00pm, Here is the story of one of our clients. that she was the person the witnesses Governor’s Mansion, identified. A Denver Police Department th Christina Ann FourHorn is 34 years old 400 E. 8 Ave., Denver. spokesperson later defended Dalvit’s Sponsored by the ACLU, and lives in Sterling, Colorado with her methodology as one that “followed our Planned Parenthood of the husband and daughter. In addition to being investigative procedures.” The result Rocky Mountains, NARAL of those procedures? and the National Council of Christina spent five Jewish Women. Tickets: $25 terrifying days in jail Wednesday, Oct. and nearly lost her 22, Denver FILM Society job as a result of Screening: Secrecy. A the erroneously documentary on government obtained warrant. secrecy. Sponsored by the Continued on ACLU. Q&A to follow with page 8… director Rob Moss. 7:00pm, Starz Film Center, Denver

Thursday, Oct. 23, ACLU & American Constitution Society present a Voting Rights Panel, Christina Ann FourHorn & Family 12:00pm, Denver Location TBA. 3 Principles & Promise Continued from page It is not clear whether any order to disperse was ever given. No legal observer, witness On October 4, the ACLU of Colorado 1… or arrestee on the scene we’ve debriefed welcomed guests to Denver’s City Though one might question heard any order to disperse. Even if an Center Marriott for Principles Denver’s decision to respond audible order was given, however, it may and Promise: Protecting the to a group of raucous kids have made little difference as officers were Constitution, the 2008 Carle dancing and yelling in a small initially refusing to allow anyone to leave. portion of the street by mobilizing Whitehead Memorial Award During the time that people were trapped a platoon of riot police, the officers Dinner. The evening featured on 15th Street, officers deployed chemical on the line and in command should keynote speaker Bruce agents, including pepperball rounds, be commended for refusing to be Schneier, an internationally and used other physical force on the baited into taking action. Instead, renowned security persons trapped inside. technologist and prolific the troops simply stayed put after the author. He has testified bottle landed, and the confrontation Eventually, police arrested approximately before the United States eventually ended peaceably. 100 people, transferring them in buses to the Temporary Arrestee Processing Site Congress on many Unfortunately, neither restraint nor (“TAPS”). Despite having letters from specific occasions and The adherence to proper procedure was arrestees requesting to meet with ACLU and Economist describes him in evidence on the first day of the PLP attorneys, Denver officials refused to as a “security guru.” convention. We are still investigating allow any such meetings. Some arrestees Some of you will also the events that led to the corralling who did not make their own bond spent remember Schneier of hundreds of citizens that Monday seven or more hours waiting at TAPS before evening. What we do know is that after from his appearance being transferred to the courthouse holding some interactions between law enforcement on our Real ID panel cells. last October. He and civilians in and around Civic Center stole the show by Park, a large group of persons walked down Unfortunately, there were not any skewering TSA security Colfax Avenue and onto 15th Street, where confidential attorney-client visits at the procedures with an progress was stopped by an array of police courthouse either. Instead, the only counsel th imaginary ID card for blockading 15 Street at Court. most people received was in rushed, whispered conversations in the jury gallery Osama Bin Laden, The group appeared to include 1) protestors box surrounded by other arrestees, the Occupation: Terrorist. who had been standing in the public streets judge and court staff, and sheriff deputies, He revisited the around Bannock, 2) protestors who were themes of technology, obeying all laws by standing only security and privacy on the sidewalks, 3) interested during his talk. onlookers and bystanders who followed the crowd to see what This year’s Carle was occurring, 4) members of the Whitehead Awardee was media, and 5) legal observers Lucia Guzman, Executive from the People’s Law Project Director of Denver’s (“PLP”) of the National Agency for Human Rights Lawyers Guild. As this group and Community Relations. saw that any further progress An ordained minister since was impeded, additional 1992, Reverend Guzman law enforcement officers became the head of the surrounded the group, Colorado Council of Churches completely blocking in in 1994 – the first woman and several hundred people. the first Mexican American to hold that position. She has represented Armored police detain hundreds on the first night of the DNC west and northwest Denver on the Denver Public School’s Board of 4 moments before they were expected to enter armored SWAT their plea. By then they had endured hours vehicles loomed over of confinement without food or sleep, and demonstrators; giving since their arrival from TAPS, arrestees had officers with pepperball been bound by flexi-cuffs to the person guns elevated positions beside them—even while they used the from which to open fire. bathroom. Now they were forced to make Were such militaristic a decision that could possibly result in a tactics really conviction that would forever remain on their necessary? It’s easy record. Certainly, many would agree that to claim that the quiet such conditions did not permit a knowing streets and relatively low and voluntarily plea. demonstrator turnout While Monday evening’s mass arrests and prove the wisdom of detentions was the single largest incident police methods, yet raising civil liberties concerns during the it could just as easily DNC, the rest of the convention was by no show of the power of means without incident. There were many intimidation. The “better other individual police encounters that safe than sorry” logic raise concern about Denver’s respect for is clouded by some of Riot cop with Pepperball Gun constitutionally guaranteed rights—traffic the other efforts authorized by these same stops and searches unsupported by decision-makers, efforts that bordered on Education, serving reasonable suspicion, bike riders corralled the absurd. This includes the pre-convention as Vice President (and one struck) by officers on motorcycles, memo instructing police to be on the lookout from 1999-2003. and instances of excessive use of force. for stockpiles of potentially dangerous items, We are representing the victim of one such such as bicycles and football helmets. Yet State Senator incident, Alicia Forrest. Her arrest received even that memo seems perfectly reasonable Jennifer Veiga and considerable media attention because a when compared to the actions of the Representative Alice Rocky Mountain News journalist captured it officers patrolling the streets in search of Madden received our on video (see it on our website). In addition “anarchist messages.” They painted over Ralph Carr Award, to the arrest itself, the cameraman also two murals on the side of an art gallery, given in recognition recorded a uniformed officer knocking without first notifying the gallery’s owners. of devotion to a single Alicia to the ground with his baton. Had they asked, the owners would have contemporary civil rights told them that local artists painted the issue. The passage of How many similar encounters occurred murals years earlier, specifically to last year’s Employment without the benefit of a nearby video prevent vandals from “tagging” the wall Non-Discrimination camera? We are still examining many with graffiti. Act was a direct result reports of less-than-constitutional law of their tireless work in enforcement encounters. In the meantime, The City has since apologized for we’ll leave you with the, ahem, ugly destroying the mural. Unfortunately, defense of LGBT rights. question of active vs. passive intimidation. no such apology is yet forthcoming Finally, attorneys David No one walking or driving through Denver for the other civil rights violations Wymore and Maria Liu during the week of the convention could and suppression of free speech earned our Sherman Award miss the police presence. Squads of riot that took place during the DNC. for outstanding legal work, troops marched in formation down the overturning the wrongful sidewalks, or cruised the streets military-style, conviction of Tim Masters, who riding the running boards and bumpers spent nearly nine years in prison of SUVs. Motorcycle cops drove with for a murder he didn’t commit. impunity across sidewalks and bike paths. At the larger marches and demonstrations, 5 (Nearly) Free Vote For and institutions from considering race, gender, ethnicity or natural origin in public Speech Freedom employment, education or contracting. With the days winding It includes exceptions for court orders, It’s impossible to list everyone down until the 2008 election, federal requirements and gender-specific who helped us during Coloradans will once again hiring. The measure would not affect private the Democratic National face a ballot of record length. organizations or programs. Convention. From cooperating Voters will approve or reject no NO. Affirmative action remains one of attorneys to legal observers, fewer than 18 amendments and the civil rights movement’s most effective intake volunteers and those referenda. We’ve partnered means for ensuring equal opportunity for all who helped with our education with The Bell Policy Center on people. Such opportunity would be severely events, the variety of assistance a Voter Guide that explains all damaged if the outreach and education we received was endless. of the ballot issues. You can find programs that aid thousands of Coloradans So too was the variety of it on our website. In the interest were eliminated. trinkets, t-shirts and other DNC of space, however, we’re only memorabilia designed to help featuring the five amendments Amendment 48 would redefine the term you remember the event… on which we’ve taken an official “person” and grant full constitutional rights and lighten your wallet. In the position. Regular readers will from the “moment of fertilization.” spirit of both endeavors, we recognize our two primary NO. This Amendment would strip away commissioned a trio of posters targets, Amendments 46 and Colorado women’s constitutional right to from Boulder-based design 48, which we profiled in our last privacy and create a legal nightmare by firm Form Five, (www.formfive. newsletter. forcing the government to intrude upon com) with printing donated While those two pose the numerous facets of people’s personal lives. at cost by AOV, Inc. (www. greatest risk to civil liberties, Amendment 49 would prohibit state and aovinc.com) This limited edition we’re also taking positions on local governments from deducting funds (There are only 150 of each) three others. Two threaten the from employee paychecks except for taxes, is available for $75 for a set free speech rights of individuals court-ordered deductions and traditional tax- of three. Individual posters are and organizations wishing deductible non-profit organizations. Most just $35 each. Tax & shipping to participate in the political existing deductions would be allowed, but are not included. Please call or process, while the last—which the amendment would prohibit deductions email Caryn, (303.777.5482 we support—would strengthen for union dues or any political advocacy x105, costerman@aclu-co. workers’ right to due process group. org) if you’re interested. when facing disciplinary action or termination. NO. Restricting automatic paycheck deductions to specific types of organizations Below are brief descriptions is simply content-based discrimination The Legacy of each amendment followed against free speech. Employees should by the ACLU of Colorado’s be free to enjoy the convenience of such Challenge position. One catch: due deductions whether they choose to give to a to last-minute negotiations non-profit or a political organization. By adding the Colorado ACLU to between business and labor, your will, you can defend freedom it’s possible that Amendments Amendment 54 would prohibit businesses today. Your gift for the future can 49, 54 and 55 will be pulled that enter a sole-source government contract qualify us to receive a 10% cash from the ballot after press from making any contributions to an elected matching donation today from the time. official during the contract and for two years after it expires. Robert W. Wilson Charitable Trust, Amendment 46 would and leave a legacy of liberty for prohibit Colorado NO. Individuals and organizations’ generations to come. Call 303- governments, agencies have a right to participate in the political 777-5482, ext. 119 for information. 6 process. Vague blanket bans such as this would unconstitutionally restrict that First Amendment right. Amendment 55 would establish nine specific reasons that constitute “just cause” for discharging or suspending employees. Businesses with 20 or more employees and some non-profit organizations could discharge or suspend employees only for “just cause.” Gordon Gamm with his fiancée Grace Tucker. YES. Employees facing disciplinary action or termination are entitled to due process. the state level and currently sits on the Boulder Chapter board. Spotlight: Meet Pressed to name a favorite right, Gordon Gamm many ACLUers hem and haw, unwilling to raise privacy above From prominent cases to the passage of a speech, or a free press above due particular law, ACLU supporters come to the process. Gamm doesn’t hesitate. organization for a variety of reasons, driven His affinity is reserved for religious by many different causes. For major donor, freedom. “I’d have to say the Gordon Gamm, however, supporting the “establishment” clause [of the First ACLU was practically an inherited trait. Both Amendment].” the legal gene and a dedication to civil rights were already in his blood. A self-described “passionate humanist,” Gamm is also founder of “My father was an attorney in Shreveport, the Boulder International Humanist Louisiana,” says Gamm. “He represented Institute, through which he seeks poor African Americans at a time when it to share the humanist philosophy was often difficult for them to find lawyers of ethical decision-making and who would help them.” Following his personal responsibility for moral father’s career path, Gordon’s first job action. This avocation coincides after law school was also in service to directly with much of the Colorado underserved segments of the population; ACLU’s legal and legislative efforts he went to work for the Legal Aid Society in over recent years, particularly Missouri. defending against religious-based attacks on women’s right to choose. It was while holding that position that he This year as the ACLU faces decided to join the board of the Missouri down Amendment 48, perhaps ACLU, the first of several official ACLU titles the most dangerous and absurd on Gamm’s extensive volunteer resume. such attack in our state’s history, Why the ACLU? “The Bill of Rights protects the organization relies ever the rights of minorities against majority more heavily on passionate oppression. I was a minority as a Jew and supporters such as Gordon understood the feeling of being treated as Gamm, to help us preserve a second class citizen with school Christian the principles enshrined in study groups and prayer.” Since moving to the Bill of Rights. Colorado, he has held a board position at 7 Defending Coloradans’

Rights Freedoms Continued from page 3… Christina’s arrest was published in the local newspaper and she was not permitted to For Over 50 Years While she was in jail, a Denver & return to work until the charge was resolved. detective accused Christina of After the arrest, Christina accessed a cheating on her husband with the commercial records-search website and alleged victim and lying to avoid was able, in matter of minutes, to locate a being caught. Denver officials refused A memorial Christin Blue Fourhorn, born in April 1980, offers by Christina’s husband to provide and living in Oklahoma. service for ACLU of documentation proving they had Colorado Founder arrested the wrong person. Christina To read about the wrongful arrests of any of Bill Reynard will was ultimately released on bail. A few our four other clients, go to our homepage take place Saturday, weeks later, after driving from Sterling and click on the August 11 link in the News Oct. 11, at 1:00pm to Denver for her next court date, she column. found out that Denver had already at the First Unitarian dismissed the case against her—no one Church of Denver. had bothered, however, to tell that to Christina or her lawyer.

American Civil Liberties Union Foundation of Colorado Non-Profit Org. U.S. Postage ACLU 400 Corona Street PAID Denver, CO 80218 Denver, CO of Colorado Permit No. 236

Inside: Your 2008 Voter Guide!