SEE COVERAGE OF OUR ANNUAL DINNER PAGE 6-7

The American Civil Liberties Union of 60 W. Hancock , MI 48201-1343 (313) 578-6800 www.aclumich.org

SPRING 2007

Michigan spends almost $2 billion dollars a year on prisons. Experts estimate that LANDMARK LAWSUIT this amount is 40 percent higher than other states due to unwarranted, inappropriately long sentences. Moreover, the counties have been dra- SEEKS REPAIRS TO matically underfunding public defense for “EVERY DAY, PEOPLE years, without any state intervention. The MICHIGAN JUSTICE lawsuit focuses on three counties – WHO CANNOT AFFORD Muskegon County, Berrien County, and PRIVATE COUNSEL ARE SYSTEM Genesee County, where the problems asso- ciated with public defense are obvious. DENIED JUSTICE IN IN FEBRUARY, THE ACLU OF MICHIGAN and a group of concerned activists formed the In Berrien County for example, the pros- MICHIGAN. THE STATE Michigan Coalition for Justice and filed a lawsuit against the State of Michigan for fail- ecution receives almost four times more MUST STEP UP AND TAKE ing to fulfill their constitutional obligation to provide adequate defense services to those funding than the public defense system. who cannot afford private counsel. Because of these and other inequities, CHARGE OF PUBLIC The lawsuit, filed in Ingham County Circuit Court, charges that Michigan has long public defenders are crippled by over- DEFENSE TO ENSURE whelming caseloads that impede them from abdicated its constitutional duty to ensure that citizens accused of crimes receive timely, THAT ALL PEOPLE IN qualified, appropriately-resourced lawyers for their defense. meeting with their clients, investigating “Every day, people who cannot afford private counsel are denied justice in Michigan,” cases, filing appropriate pre-trial motions, MICHIGAN HAVE EQUAL said Michael Steinberg, Legal Director of the ACLU of Michigan. “Michigan must step and preparing properly for court appear- JUSTICE.” up and take charge of public defense to ensure that all people in Michigan have equal ances. –Michael Steinberg justice.” “Quite simply, the public defense avail- Legal Director For more than 30 years, state and local experts have reported deficiencies in able in these counties does not meet the Michigan’s public defense system, yet the state has done nothing to improve the situa- minimal constitutional requirements, no tion. Recently, an American Bar Association report on the state of public defense across less national standards,” said Julie North, an attorney with Cravath, Swaine & Moore. the country repeatedly cited Michigan for failing to meet the ABA Ten Principles, which “The system is so broken that attorneys operating within it cannot adequately defend are considered the fundamental criteria a system must meet to provide effective public their clients.” defense. The plaintiffs in the case are individuals facing felony charges in Berrien, Muskegon “Michigan’s broken system is wasting enormous amounts of taxpayer money,” said and Genesee Counties who cannot afford private counsel. They seek to represent all Marty Tieber, a private attorney in Michigan and member of the Michigan Public defendants in these counties who are charged or will be charged with felony crimes and Defense Task Force, which has been working toward reform for many years. “It costs who cannot afford private counsel. us in unnecessary jail time; it costs us in the time spent on appeals, as defendants try time The Michigan Coalition for Justice is a diverse group of organizations and individu- and again to undo the errors created at the trial level; and it costs us in payouts to peo- als committed to reform of Michigan’s public defense system. MCJ members include the ple erroneously convicted in the broken system.” ACLU, the ACLU of Michigan, the Brennan Center for Justice, the law firm of Cravath, Swaine & Moore, and the National Association of Criminal Defense Lawyers. Ⅵ ACLU, NAACP ANNOUNCE LAWSUIT TO CHALLENGE PROPOSAL 2

FOLLOWING THE NOVEMBER ELECTION, the “We are pleased to be able to represent ACLU of Michigan, along with a coalition current students and faculty, as well as of civil rights groups, filed a lawsuit on prospective students, in a case that will be behalf of 19 students, faculty and appli- the first to evaluate exactly what Proposal cants to the asking 2 means in this state,” said Kary Moss, a federal court to declare that Proposal 2 Executive Director of the ACLU of has not changed the Supreme Court’s Michigan. The recent decisions by the view that it is constitutionally permissible United States Supreme Court in Gratz and for universities to consider race and gen- Grutter made clear that it is entirely within der as one factor among many in univer- the law for universities to consider race or sity admissions. The coalition included the gender as one of many criteria in selecting NAACP – Detroit Chapter, NAACP – their student body. Proposal 2 should not Michigan Conference, and NAACP Legal change that.” Defense and Education Fund. In Grutter v. University of Michigan, The lawsuit, filed in U.S. District Court 539 U.S. 306 (2003), the Supreme Court in Detroit, asks the court to issue a “declara- held that the equal protection clause does tory ruling” explaining that Proposal 2 does not prohibit the Law School’s narrowly not ban programs that use race or gender tailored use of race in admissions deci- as part of the decision-making process. sions to further a compelling interest in Such a construction of the language of obtaining the education benefits that flow Proposal 2 would place an unconstitu- from a diverse student body. Moreover, tional burden on the ability of protected the Supreme Court has explained that a groups to advance their interests and rights state law violates the Equal Protection while leaving others, such as legatees, ath- Clause when it makes it more difficult for letes, and veterans, free to advance theirs certain racial minorities than for other Plaintiff Chidimma Uche speaks to reporters without any similar burdens. members of the community to achieve legislation that is in their interest. Ⅵ FREEDOM OF EXPRESSION FORGES UNLIKELY ALLIANCES

t’s not often that you’ll see the American Civil Liberties Union and the IMichigan legislature’s most conservative member on the same side of an issue. But when a dispute brewing within the Portage School Board erupted onto the front page of the Kalamazoo Gazette, the ACLU of Michigan teamed up with Representative Jack Hoogendyk to find a solution.

A day after the published reports, representative was on their side. Christian, Jewish, Muslim, liberal, we appeared at the board meeting to Two days after the meeting where all moderate or conservative. . .” express our concerns that, while the concerned parties expressed their soli- Those attending the meeting may guidelines imposed no penalty for darity with the board member and the have been surprised that the ACLU offenders, they were unconstitutional First Amendment, the Gazette ran an was there taking on a conservative’s JIM RODBARD and would have a chilling effect on the editorial entitled: “A Sure Sign of the cause, but the fact is the ACLU defends PRESIDENT type of speech that is critical for an Apocalypse?” that read: people from all parts of the political informed electorate to function. We “With a situation as unusual as this spectrum. And although the board has stood by the notion that what the pub- one, we’re guessing that the end is yet to alter or retract the board norms, In January, it was revealed that the lic really needed was more speech from near: State Rep. Jack Hoogendyk . . . we were afforded something much board had published “norms” for its elected officials, not less. and . . . the American Civil Liberties more valuable – an opportunity to school board members that governed Rep. Hoogendyk also made an Union of Michigan are on the same debunk decades old myths, misinter- their behavior. For instance, the guide- appearance at the meeting standing in side of an issue.” pretations and misrepresentations of lines said that a school board member support of the dissident school board Well, it wasn’t a sign of the our message and mission. It is every may not support political candidates member. Also in attendance was Apocalypse and when readers got past ACLU member’s job to tell our politi- while identifying themselves as a board Kalamazoo County’s most c o n s e r - the “money line,” they found that the cal leaders, heads of our institutions, member and that a school board mem- vative Kalamazoo community members and the mem- ber may not dispute or dissent from political leader- Gazette didn’t bers of every religious institution across board decisions when talking to con- ship. In the past, ...THE ACLU WORKS DAILY think so either. Michigan that the ACLU works daily stituents or to the media without first this leadership “We’re not in the courts, the legislature and at the referring the matter to the board presi- IN THE COURTS, THE had relentlessly surprised to see grass roots to defend individual rights dent for approval. Of course, this was opposed the LEGISLATURE AND the ACLU come and liberties that the Constitution guar- an easy matter for the ACLU, striking 2 ACLU’s attempts to the defense of antees to everyone. Whether you are directly at the heart of our core objec- AT THE GRASS ROOTS TO to add sexual ori- the free speech liberal, moderate, conservative or any- tive to protect freedom of expression. entation and DEFEND INDIVIDUAL rights of a conser- thing in between, the ACLU proudly

7 The conventional wisdom in

0 gender identity to vative. Although stands to protect your rights.

0 Portage was that these guidelines RIGHTS AND LIBERTIES

2 the anti-harass- many conserva- Since the meeting, Rep. Hoogendyk needed to be addressed by the board

G ment policy, the THAT THE CONSTITUTION tive groups rally has heard our message and has gra-

N because of a recently elected board I County Board’s their base by call- ciously agreed to serve as a presenter R member who had been guilty of all GUARANTEES TO P condemnation of ing the ACLU as for an ACLU of Michigan freedom S three transgressions. What made this the MCRI and EVERYONE. anti-Christian, of speech program in Kalamazoo. dispute even more interesting was that anti-Patriot Act communistic, and Who knows, this could be start of the the offending board member was also Resolutions. anti-American, something epic. Ⅵ its most conservative member, and had On this day, however, they excitedly the truth is that the ACLU has gone to used her position to support Rep. slapped me on the back and grinned bat for anyone whose constitutional Hoogendyk. gleefully when they realized an ACLU rights are in danger of being eroded --

NEW STAFF MEMBERS BRING ENERGY AND ENTHUSIASM Staff With new ideas and a passion for civil liberties, our newest staff members are a great addition to the ACLU of Kary L. Moss ...... Executive Director Michigan family. It is with great pleasure that we welcome Trevoy Ross, Field and Communications Assistant Michael J. Steinberg ...... Legal Director and Stephanie Chang, the Michigan Coalition for Justice Indigent Defense Reform Campaign Coordinator. Rana Elmir ...... Communications Director T. Desirnaí Hicks ...... Development Director Trevoy, a life-long Detroiter and a recent graduate of , joined the staff in September. Mark Fancher...... Staff Attorney Trevoy’s enthusiasm for social justice and civil liberties is palpable. He is involved in several independent Racial Justice Project media projects that serve south east Michigan and serves as an advisor to a number of local community Jay Kaplan ...... Staff Attorney organizations dedicated to media literacy and social justice. Among his many community activities, Trevoy is LGBT Project an editorial collective member of Detroit's alternative newspaper, Critical Moment. Shelli Weisberg ...... Legislative Director Mary Bejian ...... Field Director Thanks to a three-year grant from the Atlantic Philanthropies, Stephanie Chang joined the Michigan Coalition Stephanie Chang . . . . . Indigent Defense Reform for Justice’s efforts in January. Stephanie is responsible for developing broad-based public support for the Campaign Coordinator reform sought by the Michigan Coalition for Justice. This includes coalition-building, public education and Brenda Bove ...... Paralegal media outreach regarding the advocacy Neila Johnson ...... Assistant to Executive Director effort for a state-wide public defense Paul Jeden ...... Development Assistant system that fulfills Gideon's promise and Trevoy Ross ...... Field and Communications the Constitutional rights to effective Assistant counsel and due process. Marie Burke...... Bookkeeper Prior to joining the staff, Stephanie was a Officers field organizer for One United Michigan, Jim Rodbard ...... President the 2006 campaign to defeat the anti- Joseph S. Tuchinsky ...... Treasurer affirmative action ballot initiative, Heather Bendure ...... Secretary Mark Granzotto ...... General Counsel Proposal 2. Stephanie is active with the Jacquelin Washington. . Executive VP ACLU Fund Detroit Asian Youth Project, a youth leadership program for Hmong American Civil Liberties Newsletter high school students in Detroit. She is Rana Elmir, Editor involved with the Boggs Center to Nurture Published by the American Civil Liberties Union / Community Leadership, and graduated ACLU Fund of Michigan from the University of Michigan-Ann Arbor 60 W. Hancock with a B.A. in Psychology and a minor in Detroit, Michigan 48201-1343 Asian Pacific Islander American Studies. Ⅵ www.aclumich.org (313) 578-6800 ACLU MOURNSTHELOSS OFADEARFRIENDANDALLY sends theFBIafterAmericanCivilLibertiesUnion. TheACLU existstopro- sincePearlthe worstattackonthiscountry Harbor, andtheBushadministration best understoodinherownwords.InaJuly2005column,shewrote:“ of Rights.HerappreciationfortheACLU’s workinfightingoffthese assaultsis a rights andusurpedexcessivepower. Atthetimeofherdeath,shewasworkingon national securityandpatriotism,hasinfringedonAmericans’valuedconstitutional worst. when abusesofpowerwereattheir inspiration, andkinshipatatime terous personalityimpartedhope, Rights. Herraucouslaughandbois- unpopular AmericansbytheBillof defending therightssecuredto a exposing discrimination,protecting cated topromotingracialjustice, political opponents.Ivinswasdedi- free speech,butalsothatofher not onlydefendedherownrightto justice andequality. her unwaveringconvictionsoftruth, be bestknownforhersharpwitand cer atherhomeinAustin.Ivinswill lost herlongbattlewithbreastcan a f know thatwecanneverexpectthe Sometimes thepeoplearewrong.We ful personIknow told me:“heistheleastchangedpower- the guy.” Asanoldfriendofhisrecently friend remarkedrecently, “no oneowns that CarlLevintrulyisamodel.As and newspapersstrewneverywhere, political, Ithought,amidstthebooks f ership positions,thanthechallenges e wrong; soyou only have your own principles uponwhichto betrue. c L Tribune, riend whensyndicatedcolumnist acing our country rightnow.acing ourcountry nd legendary journalistMollyIvins nd legendary lected leaders,andthoseseekinglead- Random HousebookdocumentingtheBushadministration’sassaultonBill learer: thepeople can bewrong; thepress can bewrong; thepunditscan be woman’s righttochoose,and I Ivins usedhercolumntopointouthowtheBushadministration,innameof Throughout theyears,Ivinshas Sometimes thepeopleareright. Without thisgettingtoomaudlinor Nothing compelsustoaskmuchof DEWEY BEATS TRUMAN n Ⅺ ______Phone number(for confirmation purposes):()______E-mail: ______City /State:______Zip Code: ______Street Address: (IF COMBININGORDELETING) ______First andLast NameofPartner: ______First andLast Name: ______Other issue, please explain: Ⅺ Ⅺ Ⅺ January, theACLU lostadear notice theframed “Dewey BeatsTruman” headline,from a ______st week, while visitingSenator Levin inWashington, DC,Icouldn't help Y Please combine our memberships into onejointmembership. My nameismis I WOULD YOU ANDYOUR PARTNER LIKETO COMBINEYOUR SEPARATE MEMBERSHIPSINTO ONE? es, addmet receive two newsletters, both addressed to me. hanging inhisoffice. TheSenator’s reminder to himselfcouldn’t be DID YOU RECEIVE Just filloutthe information below andmailthisform backto theACLU ofMichigan. .” .” o Mail to: ACLU ofMichigan, 60W. Hancock, Detroit, MI 48201orvisitwww.aclumich.org. y ple.Tecretseln s ______spelled. Thecorrect spellingis: our E-ActionList - Kar y Moss, Molly IvinsandPeter Armstrong, pastpresident of theACLU of MichiganWestern Branch Administration. Heunderstandsthat dition perpetratedbythecurrent ren- extent oftortureandextraordinary He hasledthecampaigntodiscover fundamental rightsinanydemocracy. be releasedfromjailisoneofthemost the righttopetitiongovernment Guantanamo Bay. Heunderstandsthat to habeaspetitionsfordetaineesat Tribunals billwhichsuspendedtheright he refusedtovotefortheMilitary h cumbed totheharshwindsoffearbut S majority toprotectminorityrights. TWO e enator Levincouldeasilyhavesuc- resisted thetemptationlastfallwhen NEWSLETTERS? ISYOUR NAME We suffer t comes responsibility–to torture isneveracceptable. der totherhetoricoffarright;and dards ofoffice;insistthattheynotpan- them: holdthemtothehigheststan- members andfriends–toaskmuchof line up,itisuptoyou–ourACLU tions approach,andasthecandidates democracy. Asthepresidentialelec- ples andideasthatmakethisathriving those whowillstandupfortheprinci- us –thepeopletoelecttrueleaders, ACLU berememberedinlegacygifts. topitchthatthe mechanism forreceivingbequests,appearingalloverthecountry event soldout.ShewasalsoanadvocatefortheACLU’s DeSilver Society, our he peoplewhoelectyou. H And, attheendofday, itisupto e understands thatwithpower T The Chicago o learn aboutplanningabequestforthefutureofACLU, visit www.aclu.org/legacy orcalltollfree,877-867-1025. MISSPELLED? Ⅵ of theUnited States. the BillofRightsandConstitution assess thedepthoftheircommitmentto EXECUTIVE DIRECTOR K ARY L.MOSS, ESQ. A Rapids fortheACLU ofMichigan. even spokeataneventinGrand once amonth.Severalyearsago,she something fortheACLU atleast ners, andatonepointresolvedtodo She spokeatcountlessaffiliatedin tirelessly tobenefittheorganization. ACLU’s principles,butalsoworked best Americanideals.” tion thatstandsforthehighestand ment isinvestigatinganorganiza are livinginatimewhenourgovern Since whenisthatextremist?…We damn thingexcepttheBillofRights. violence, terrorismoranyother legal system:Itdoesnotadvocate The A C i t n ect every citizen’srightsasdefined ect every onstitution oftheUnited States. mere mentionofhernameandthe Ivins notonlysupportedthe the BillofRightsin CLU workssolelythroughthe Ⅵ - - - 3 SPRING 2007 ACLU ACTS WITH INTEGRITY

hen we filed our legal challenge to Proposal 2 with the NAACP and other Wcivil rights groups, some critics suggested that the ACLU was hypocritical for “ignoring the will of the voters.” Other critics said the case was baseless. These critics neither understand the role of the Constitution and ACLU, nor do they understand the strength of our case.

One of the things I love the most graphic diversity and legacy status – under state law. In a precedent-setting about the ACLU is its unwavering need only lobby the admissions com- opinion, U.S. District Court Judge commitment to advancing the values mittee. Yet, if a group wants U-M to John Corbett O’Meara agreed with the enshrined in the Constitution. The consider race as one of many factors in ACLU and struck down the law. Constitution is our client and in the admissions as a means to achieve racial (Mason v. Granholm, Cooperating course of defending it, we will represent diversity, it must first undertake and Attorney: Bryan Anderson). MICHAEL J. STEINBERG the oppressed, the unpopular and even succeed in the arduous task of amend- RIDING THE BUS WHILE MUSLIM – Tasha LEGAL DIRECTOR those whose views we despise. ing the Michigan Constitution. Douglas is a devoted Muslim woman The Constitution serves as a check The double standard created by who wears a niqab, or veil that reveals on the abuse of power – whether that Proposal 2 is particularly perverse STOPPING EVICTIONS OF DOMESTIC only her eyes. This summer a public power is exercised by the executive given that privileged children of alumni VIOLENCE VICTIMS – Tanica Lewis, a bus driver in Grand Rapids prohibited branch, the legislature or the voters. If have a leg up in admissions, but there is mother of two, obtained a personal pro- Ms. Douglas from riding the bus the majority of voters passed a ban on nothing to level the playing field for tection order against her abusive for- because her face was covered. speech critical of the war, surely the underrepresented African Americans, mer boyfriend and informed her Although she had used the Grand ACLU would be expected to challenge Latinos and Native Americans who landlord of the PPO. Nonetheless, the Rapids bus system – “The Rapid” – on such a measure as contrary to the First have suffered centuries of racism and ex-boyfriend broke into her home when numerous occasions without incident, Amendment. If the majority of voters exclusion. Hopefully, when this case is she was away. The landlord then vic- the driver insisted on applying The in a state barred the practice of all reli- over, universities will again be free to timized Ms. Lewis a second time by Rapid’s no-face-covering rule to Ms. gions except one, the ACLU would be adopt equitable admissions policies evicting her and her children from the Douglas. After the ACLU met with expected to challenge that measure as that open the doors to opportunity for apartment because she was a victim of bus company officials, The Rapid contrary to the Religious Freedom all members of our society. domestic violence. In January, the repealed its rule, agreed to conduct Clause. ACLU wrote the management com- diversity training and offered Ms. Accordingly, the ACLU is acting UPDATES pany a letter explaining that it violated 4 Douglas a year-long bus pass. consistently when it challenges a voter- Ms. Lewis’ rights under the Fair Here are some updates on a few (Cooperating Attorneys: Miriam approved amendment to the state con- Housing Act and demanding that it selected cases and issues not mentioned Aukerman, Michael Nelson and Gary stitution such as Proposal 2 that elsewhere in this newsletter. drop its policy and provide Ms. Lewis 7 Gershon with assistance from Law 0 violates the U.S. Constitution. And with a new apartment. After weeks of 0 CRIMINAL CHARGES AGAINST THE FLINT Intern Jessie Rossman.) 2 despite what the critics say, if the courts inaction by the landlord, the ACLU

G 93 DISMISSED – After more than a year follow precedent, Proposal 2 will be CHALLENGING POLITICAL SIGN filed suit in February. (ACLU N

I of litigation and two appeals, the crim-

R struck down because it violates the ORDINANCE – In October, the ACLU Attorney: Emily Martin.) P Equal Protection Clause. inal charges have been dismissed filed a lawsuit against the City of S RELIGIOUS DISPLAYS IN FRONT OF Our challenge relies on a remark- against 93 young men and women who Fenton on behalf of a resident who was were arrested, strip-searched and/or PUBLIC BUILDINGS – The ACLU wrote ably similar U.S. Supreme Court case ordered by the city to remove a politi- a letter to City of Berkley officials from 1982 striking down a Washington cavity-searched by the police for being cal sign supporting Dick Devos for about its holiday display consisting of state constitutional amendment that at a Flint dance club. Although all the Governor. Federal Judge Marianne an unadorned nativity scene celebrat- barred busing of public school students ACLU clients were drug free, they Battani granted the ACLU’s motion were charged with “frequenting a drug ing the birth of Christ and a Star of to achieve diverse schools, but permit- for a temporary restraining order, find- David, the symbol of the Jewish faith. ted busing for any other purpose. The house” in 2005 because other patrons ing that the ordinance likely violated The ACLU explained that the govern- Court ruled that the measure created in the bar possessed drugs. The the resident’s free speech rights. The ment display impermissibly promoted an illegal double standard for racial ACLU’s motion to dismiss was granted same month, the City of Plymouth on the grounds that the police lacked religion in violation of the First minorities because groups that wanted ordered a resident to remove a 16- probable cause to believe that our Amendment. With the support of busing for magnet schools, athletics or square-feet sign in support of Jennifer clients had violated the law. (City of numerous religious leaders who agreed almost any other purpose needed to Granholm even though the city allowed Flint v. Doyle, et al. that these items should not be dis- only lobby the school administration; in Cooperating non-political signs up to twice as large. played on government property, contrast, people of color who sought Attorneys: Ken Mogill, Elizabeth In response to an ACLU letter, the city Berkley gave the items to a religious busing to enhance racial diversity had Jacobs, Gregory Gibbs, Jeanmarie agreed to revisit the sign ordinance and coalition whose members will take to first repeal a state constitutional Miller, Glenn Simmington, Dean to permit the resident to keep the sign turns displaying the items on private amendment. Yeotis, Chris Pianto, Daniel Bremer, up. Finally, in response to a letter by property each holiday season. Just like the state constitutional Matthew Abel and Michael Segesta). the Oakland County ACLU, the City of (Cooperating attorneys: Christine amendment in Washington, Proposal 2 ENDING TAX-FUNDED PROSELYTIZING OF Clawson agreed to review its size and Gale, Elsa Shartsis and Penny YOUTH – In 2003, the State of Michigan duration limitations on political signs. Beardslee). stopped financing and sending chil- (Hood v. City of Fenton; Cooperating dren to Teen Ranch, a residential youth Attorneys: Gregory Gibbs (Fenton PRISONERS’ RIGHTS VICTORY IN THE THE CONSTITUTION IS services program, because it was indoc- case), Paul Stevenson (Plymouth case) SUPREME COURT – For years, the fed- trinating children using state funds. and Elsa Shartsis (Clawson case). eral courts had thrown out meritorious Rather than fixing the problem, Teen lawsuits by Michigan inmates if they OUR CLIENT AND IN THE VICTORY FOR PRISON HEALTH CARE – In Ranch sued the state. The ACLU filed failed to meet very technical filing a longstanding ACLU lawsuit against a friend-of-the-court in support of the requirements. For example, if the law- COURSE OF DEFENDING the Michigan Department of state in the U.S. Court of Appeals. In suit failed to mention that the inmate Corrections, a federal judge strongly January, the appeals court agreed that had filed three levels of grievances, the IT, WE WILL REPRESENT criticized the failure to provide ade- Michigan properly cut ties with Teen entire complaint was dismissed. quate health care. Judge Richard Ranch. (Teen Ranch v. Udow; Similarly, if the inmate failed to exhaust ACLU Enslen wrote in a December opinion, THE OPPRESSED, THE the grievance procedure on one out of Attorney: Daniel Mack). “A prisoner, who receives a sentence of four constitutional claims, the entire STRIPPING INMATES OF CIVIL RIGHTS 2-10 years, deserves 2-10 years. What UNPOPULAR AND EVEN case was thrown out. In January, the PROTECTION – In 2000, Michigan took he does not deserve is a de facto and Supreme Court ruled that the lower the drastic and unprecedented step of unauthorized death penalty at the THOSE WHOSE VIEWS courts had gone too far and misinter- amending its civil rights law so that pris- hands of a callous and dysfunctional preted the Prison Litigation Reform oners no longer were protected from health care system that regularly fails to WE DESPISE. Act. (The ACLU filed an amicus brief. discrimination based on sex, race, reli- treat life-threatening illness.” The Jones v. Block. Attorney: Elizabeth gion or disability. This summer, the judge appointed a monitor and threat- Alexander.) ACLU filed a friend-of-the-court brief ened $2 million a day in fines if the MDOC did not hire medical staff CITY MUST ALLOW NON-LAND OWNERS creates an unconstitutional double in a sex discrimination case on behalf of vacancies to provide basic health care TO RUN FOR OFFICE – The ACLU of standard in admissions at the a class of women prisoners who are vic- to prisoners. Hadix v. Michigan; Michigan wrote a letter to the City of University of Michigan. Groups that tims of sexual abuse and harassment. (Cooperating attorneys: Patricia Howell after it deemed a candidate for advocate for almost any characteristic The ACLU argued that Michigan vio- Streeter and Michael Barnhart.) city counsel ineligible because he did to be a “plus factor” in University of lated the Equal Protection Clause by not own land in the City. The City Michigan admissions – including geo- singling out prisoners and depriving them of remedies for discrimination quickly reversed its decision. Ⅵ A NEW TWIST ON PLANNED GIFTS

hen most people think about planned gifts, they think of gifts received by Worganizations upon the death of their beloved benefactors. Planned gifts are viewed as future gifts, not as gifts that can be used to make a difference today. That is until recently.

Our organization was presented with an extraordinary opportunity to expand member, associate director and chief the scope of planned gifts when Robert W. Wilson, an ACLU Foundation sup- benefactor who committed his financial porter, worked with us to design a program that would not only allow us to secure resources to help ensure a strong future our organization’s future, but provide us with a source of revenue that would allow for the ACLU. us to continue to fulfill our mission today. Our endowment now exceeds over Mr. Wilson established the Legacy of Liberty Challenge. A program that was $1.5 million. Each year, we allocate a DESÍRNAÍ HICKS simple in concept, but one that would drastically change the way in which planned percentage of income from the endow- DEVELOPMENT DIRECTOR gifts are generally viewed. Benefactors who participated in the Challenge wrote a ment to support our programmatic bequest provision in their will or trust and then told us about it. Once they did, the work. With the additional gifts from the ACLU received an immediate cash donation (up to $10,000) equal to 10 percent Challenge benefactors, we will be able to continue to grow our endowment which of their future bequest’s value from our Challenge benefactor, Robert W. Wilson. can become, over the years, an even greater source of consistent and stable support The Challenge, which was launched on January 1, 2005, expired on December for our organization. In addition, this endowment account is carefully monitored 31, 2006. Thirty donors from Michigan participated in the Challenge generating by experts who meet quarterly to review its growth. approximately $109,000 in immediate income to the ACLU of Michigan. This total The campaign was a resounding success as ACLU affiliates across the country is based on $1,775,000 in new planned gifts, all of which will go into our endow- will soon receive nearly $3.5 million and over $100 million from new planned gift ment over the coming years. By participating in the Challenge, this group of bene- commitments. factors also became members of the DeSilver Society. Although the Legacy of Liberty Challenge has expired, it is not too late to join The DeSilver Society honors those who have named the ACLU as a beneficiary the DeSilver Society by making a planned gift to the ACLU Fund of Michigan so of their estate plan or established a life income with the ACLU Foundation. The that you, too, can be part of this dynamic group. For questions regarding planned Society is an honorary recognition group named for Albert DeSilver, a founding gifts and the DeSilver Society, please call 313.578.6815. Ⅵ

5 7 0 0

DeSilver Society 2 G N I

Suzan and Michael Alexander Christopher L. Hamilton Bruce Stein, Ph.D., Esq. and Christy Chuang-Stein R P

Jean M. Andrews J. Theodore Hefley* George R. Thornton, Esq. S Merleen W. and Robert N. Andrews John Joseph, Jr. Margaret M. and Donald Thurber* Glenna and Peter Armstrong Rosa F. Kaplan Irene Vogt* Betty and Lyndon Babcock Elizabeth W. Kaufman Jacquelin Washington Judith M. Baran Jeanne C. Korsh Sanford Waxer Victoria Barclay* Ashlyn Kuersten Aron Weiner Daniel Baumhardt Micki Levin and John E. Grenke Gail and Michael Whitty Kathleen and Sidney Berkowitz Steven J. Lukacs Thomas F. Wieder and Susan Schooner Norman Berkowitz Carolyn C. MacAdam Ken Winter Betty and Art Blair Raymond Makowski Carole Youngblood Jeffrey M. Bloomer Dolores L. Mazurek Linda Ziesmer Ron Blum* Patricia Mead* William Booker Richard C. Mehl and Paul Allred *Deceased Gary Bouwkamp and Dorothy Sheets Helen Metzner* William W. Byrnes* David Moran and Kris Olsson June Carr* Elizabeth and W.B. Norris Reverend Barbara Child Lucile Patrick Thomas C. Clinton Carrie and Russell Peebles Katherine and Angelos Constantinides Scott Petersen* Marjory F. Cooper Bob Pettapiece Candace Crowley Edith B. Phillips May and Morris Davidson Irene M. Piccone Patricia and Gilbert R. Davis Mary Pollock B. P. Donnelly, III Mary H. Rave* Judith Donnelly and Mehmet Tulu James Rodbard Moira Donnelly Judith Shutt Rose Carol and John Ducat Haskell Rothstein Marcia Feingold Florence Schaber* Gunther S. Fonken and Agnes Hughes Elizabeth Schrauder Harold C. Ford Paul H. Sears Helen Francis* Claudia and Martin J. Seldon Marissa and Dion Frischer Lynn and Robert Shecter Mary and John Gear Eileen Shedleski Beverley and Gerson Geltner Maggie Simon Martin G. Gold Coral L. Sist Priscilla R. Greenberg, Ph.D. Rita and Sheldon J. Stark Audrey and Leonard Grossman Julie Dean Smith 6 SPRING 2007 A ACLU: TheLadyLibertyProject. T personal photographer. Mountains getaway package;andacustom-framed photograph ofRosaParks donated byher a pho Congressman JohnConyerschats withMonica Morgan, RosaParks’ official defending andadvancing civillibertiesacross thestate. representatives oftheAnti-Defamation LeagueandtheAFL-CIO. c liberties community attended thenight’s festivities, includingU.S.Congressman JohnConyers, In additionto theartists, ACLU members andaward recipients, manyprominent members ofthecivil based mixed-media artist andproject participant. “The A T announcer andencouraged attendees to bidonadiverse collection ofmore than150items. grossing auctionto date. Broadcaster andattorney CharlieLangton acted asourguest Guests were treated to thereturn ofanimproved silent auction,whichwasthehighest Kary Moss anddinnerchairs Barbara HillandSteve Horn. P The nightallowed ourfriendsandsupporters to celebrate while reaffirming theircommitment to aul Hill olumnist Desiree Cooper,MichiganRep.AldoVagnozzi, columnist JackLessenberry, and utographed guitar andposter byJoniMitchell, BobDylan,andVan Morrison;aBlueRidge he dinneralsofeatured abrand new element thatexposed therarely seenartistic sideofthe he CL t ogr U items includedanautographed robe byheavyweight championMuhammadAli;an apher of Michiganandgav egonds of DTE Energy accepts award onbehalfof OUM CLU isour ‘Rocky’whennooneelseiswillingto getinthering,”saidMike Sivak, anAnnArbor in ourhistory. Otherspeakers includedACLU ofMichiganExecutive Director e v oic e t o liberties ismore crucialnow thanperhapsatanyothertime a seldom-heard constituency oftheACLU. In thewake ofanexhausting election season,more than400ACLU supporters took amuchdeserved opportunityto celebrate theircommitment to civillibertiesbygatheringattheHyatt RegencyinDearborn for theACLU ofMichigan’s 2006 ANNUALDINNER CIVIL LIBERTARIANS CELEBRATE AT Annual Dinner. On Saturday, November 18,2006,attendees gathered to honorOneUnited Michiganfor theirfightagainst theProposal 2 dancing andNew Orleans jazzfrom theBill M ballot initiative andDykema lawfirmfor theirlegacy ofpro bonowork inthestate. Theevening wasaccented with Charlie Gabrielandanappearance byACLU National Legislative Office Director Caroline a eyer Group, featuring Marcus Belgrave and Fredrickson. Fredrickson reminded udience members thatfightingfor civil – Paul Jeden,Development Assistant Whil a to answer thequestion, “What doeslibertymeanto you?” Adiverse collection ofmore than40artists Last summer,theACLU ofMichiganinvited artists from across Michiganandthroughout thenation were able to view andbidontheworks artists, guests oftheAnnualDinner e images thatwere thetalk ofthe Chatterly, andveteran photographers S.KayYoung andPatricia Izzo. c provided bytheACLU, while others offered amore open-endedinterpretation inthemediumoftheir artists painted decorative fiberglass masksoftheStatue ofLiberty’s face andcrown thatwere project raised money to supportthe Like theannualsilent auction,the of artinthe“LadyLibertyGall The familiarity andpower ofthisicon inspired acollection ofprovoking, controversial, andbeautiful hoic v nsw ening. e er e. Thelist ofartists includeChilean-born painter HugoNavarro, mixed-media favorite Mark mingling withtheproject’s e d this ques tion bycreating originalworks ofartfor theLadyLibertyProject. Someofthese In v estment Committee Member BillRandsandJackieWashington, ACLU-M Fund Executive Vice President ery.” A CLU-M Executive Director Mossof MichiganRegent andUniversity Kary Libby Maynard Ar tists HugoNavarro andDianaJellinekwithguestannouncer CharlieLangton Kary Moss with ACLU-M Western Branch Board President Win Irwin and ACLU-M President Jim Rodbard presents award to Dykema law firm Board Member Syed Naqvi

NAACP Detroit Branch Executive Director Heaster Wheeler accepts Professor Harold Norris and guest Annual Dinner Co-Chairs Steven Horn and Barbara Hill award on behalf of OUM honor lady liberty

7

SILENT AUCTION DONORS 7 0 0 2

A Dream Limousine Greektown Casino Peter Armstrong G N I

Ann Arbor Bed & Breakfast Hyatt Regency Dearborn Senator Deborah Cherry R P

Ann Arbor Summer Festival Hunter House Detroit Desiree Cooper S Arbor Brewing Company Ilitch Holdings, Inc. Caroline Court Astrein’s Creative Jewelers Jerome-Duncan Ford Theatre at Freedom Hill Cynthia Heenan and Hugh Davis Automotive Hall of Fame La Dolce Vita Vaughn Derderian Bath City Bistro Lily’s Seafood Congressman John D. Dingell Bead Works, Inc. Mary Glancz Facial & Cosmetic Salon Al Frank Bedazzled Unique Jewelry Meadow Brook Theatre Governor Jennifer M. Granholm Bellanina Day Spa Michael Flora & Associates Carol Jacobsen Bistro Bourdeau Michigan Opera Theatre Mayor Kwame M. Kilpatrick Boodles MJR Theatres Mary L. Kramer BLOSSOMS Moran’s Flora Senator Carl Levin Cameron Mitchell Restaurants MotorCity Casino Monica Morgan Cass Café Mulberry Hills Golf Club Dr. Donald Newman Charles H. Wright Museum of Neiman Marcus Huel Perkins African American History OM Spa Bob Pettapiece Che Cosa Coffee House & Deli Opus One Katherine Porter Cookies by Design Pearl Jam Lynn Portnoy Cranbrook Art Museum Phoenicia Lynn Simons Cranbrook Institute of Science Picasso Café Ralph Simpson Dave & Buster’s Rio Boutique Tavis Smiley Detroit Beer Company River Café S. Gary Spicer Detroit Historical Society Ruth’s Chris Steak House Senator Debbie Stabenow Detroit Institute of Arts Showroom of Elegance Representative Aldo Vagnozzi Detroit Lions So Zen Designs Bradley Whitford Detroit Red Wings Strategic Partners The Zainea Family Detroit Repertory Theatre The Heidelberg Project Detroit Symphony Orchestra The Henry Ford Detroit Tigers, Inc. The New Detroit Science Center Detroit Zoological Society The Parade Company Different Strokes Art & Custom Framing The Townsend Hotel Edible Arrangements The Westin, Michigan Avenue (Chicago) English Gardens Tiffany Florist Eric’s I’ve Been Framed Shop Tom’s Oyster Bar Franklin Spa Tribute Gem & Century Theatres Twingo’s Genitti’s Hole-in-the-Wall Woodbridge STAR Bed & Breakfast Global Works Zingerman’s Community of Businesses 8 SPRING 2007 I reports, said:“Thishasnothingtodo Marlene Elwell,accordingtopublished “ insisted thatthelanguageconcerned F Protection ofMarriageandAmerican amendment, Citizensforthe the campaignforpassageof benefits. Yet, thetwogroupsthatled including employerhealthinsurance unmarried couplesforanypurpose, recognition ofsame-sexorother a assertion thattheplainlanguageof with theirson’sleukemiatreatment. treatment andanothercouplecopes partner forhealthinsurancecancer n p the lawsuit.Theyliveindailyfearof other coupleswhoarenotplaintiffsin have receiveddozensofcallsfrom t work onlypart-timeandbeathomefor Michigan University enableTom to partner benefitsfromEastern w P made nomentionofDennisandTom insurance coverageelsewhere.They would notbeabletoobtainhealth healthcare needsorthefactthathe e chronic healthconditionorhisdepend- There wasnomentionofPaul’s partner Paul withhealthcoverage. K Post, whoworksfortheCityof the impacttheirdecisionmayhave onaccess to healthcare. d he children.Andsincethedecisionwe marriage only ncy onJerome’scoverageforallofhis mendment prohibitsanyformof er benefits.Onewomanreliesonher rospect oflosingtheirdomesticpart- atrick, whohaveadoptedchildren amily AssociationofMichigan,both ith specialneeds.Dennis’domestic omestic partnerbenefitsneithermadementionoftheplaintiffsincase nor alamazoo andisabletoprovidehis FOR DOMESTICPARTNER BENEFITS BAD DECISIONDOESN’TMEANTHEEND the Michiganmarriageamendmentprohibits publicemployers from offering t’s very telling thattheMichiganCourtofAppealsjudgeswhoconcluded that I They madenomentionofJerome nstead, theyreliedonamisguided . ” Campaign director T states havelookedatthisissue.States Court refusedtoconsiderhowother tus atallhasbeencreated.Also,the tic partnersofemployees,nolegalsta health insurancebenefitstothedomes- marriage. Whenanemployeroffers h r tus withthousandsofrights,benefits, ing thefactthatmarriageisalegalsta- same orsimilartomarriage,discount- health insurancebenefitsasbeingthe m decision. atic portionoftheCourtAppeals w marriage betweenamanand with takingbenefitsaway. Thisisabout he P ecognitions andprotections, ealth insuranceisnotalegalbenefitof oman.” Thisisnottheonlyproblem- istakenly equatestheprovisionof In addition,theCourtofAppeals atrick family. Photo by of TheLines. JasonA.Michael.Courtesy Between - e their decisionwastotakeimmediate legal showingofjustification,heldthat General MikeCox,andwithoutany parties inthecase,includingAttorney j marriage. Andfinally, thepanelof are notthesameorremotelysimilarto partner benefits,becausesuchbenefits f riage haveuniformlyheldthatitislegal with lawsprohibitingsame-sexmar- amendments,” butusuallycontain They arepackagedas“marriage with mostoftheseballotinitiatives. trend ofbaitandswitchthatoccurs fits atriskforinterruption. L LGBT STAFF ATTORNEY NAMED udges, withoutanyrequestfromthe or PERSON OFTHEYEAR ffect –thusputtinghundredsof GBT families’healthinsurancebene- The ACLU ofMichigancongratulates JayKaplanonbeingnamed Between TheLinesInaugural Person oftheYear for going“above This situationillustratesadisturbing and be possibilities.” public entitiestoofferdomestic “It's hisper sidelines thathaspr the first-ever person oftheyear. Andwe have nodoubthe'll continue to step upto theplate aswe headinto 2007,”BTL wrote inits December 28,2006issue. Kaplan’ c With Kaplan’s hard work, theACLU wassuccessful in ommitment to equalitywere featured inthespecialissue. yond thecall ofdutyinleading ourcommunity to profound stopping theCityofDetroit from continuing itsundercover s being gayinRougePark andpersuaded theMichigan ting operation targeting gaymenorsuspected of Department ofCorrections to nolonger record whether an inmat ACLU hasconvinced theMichiganDepartmentof Community Healthto offer alternative birth certificate f secured aMichiganCourtofAppealsmajoritydecision orms thatr that upheldsecond parent adoptionswithinsame-sex s r sis Project’s staff attorney atitsinception in2001.The elationships. Kaplanjoined theACLU astheLGBT ACLU ofMichigan’s LGBT Project isrecognized as many c the legal armoftheLGBT community inMichigan. t enc e is homose e ontributions, hislove for theater andhis and hisunwillingnes ompted Between TheLinesto nameKaplan ecognize same-sex parents andhas xual onprisonf couples andtheirchildren.W health insurancebenefitsforLGBT that therearenointerruptionsin work withpublicemployerstoensure In themeantime,wewillcontinueto stay itsdecisionpendingourappeal. “immediate effect”provisionandto Court ofAppealstoreconsiderthe S appeal thisdecisiontotheMichigan a additional languagethatisambiguous to dothesame. affected bythisdecisionandinviteyou thousands ofotherLGBTfamilies of Paul, Jerome,Dennis,Tom and also committedtotellingthestories – t ponents nowallegethatthelanguageof amendment, andthenthosesamepro- passes, becomesaconstitutional t amendment reachesanyfurtherthan means ordenythatthelanguageof explain whattheambiguouslanguage these initiativeseitherrefusetofully LGBT PROJECT STAFF ATTORNEY JAY KAPLAN he amendmentprohibitsotherthings he issueofmarriage.Theinitiative t upreme Courtandhasrequestedthe like domesticpartnerbenefits. T best. Theorganizationsbehind he ACLU he ofMichiganintendsto s t o orms. Inaddition,the just sitonthe Ⅵ e are RACIAL JUSTICE WORK GROUP: POISED TO ATTACK DISCRIMINATORY DISCIPLINE IN OUR SCHOOLS

he need for racial justice crosses all demographic lines, and with that fact Tin mind, the ACLU of Michigan has organized a “Racial Justice Work Group” that is rich in its ancestral diversity. African, European, Asian, Latino, First Nations, and Arab communities are all represented.

There is occupational diversity as well. Ⅵ the absence of legal counsel to assist to communicate the pitfalls of the zero Professions of the members include: students during disciplinary hear- tolerance law. law, university-level teaching, elemen- ings; On the legal front, the Work Group tary and secondary-level teaching, has taken note of the fact that notwith- Ⅵ schools’ increasingly routine referral social work, anthropology, and other of school discipline issues to the standing both a U.S. Supreme Court fields. This all provides a breadth of juvenile justice and criminal justice opinion (Goss v. Lopez) that speaks to knowledge and experience that facili- systems; the procedural rights of students who MARK P. FANCHER tates the group’s work. face suspensions, and Michigan RACIAL JUSTICE PROJECT Ⅵ an ever-growing police presence in The Work Group’s first target is the Department of Education guidelines STAFF ATTORNEY “school to prison pipeline.” The term the schools. regarding disciplinary procedures, the refers to the alarming frequency of sus- After considering these factors and processes actually employed vary con- Finally, the Work Group is consid- pensions and expulsions of children of others, the Work Group resolved to siderably from school district to school ering the fact that education is not a color from schools, and the consequent focus its initial work in the areas of district. In some cases, it is possible that right in Michigan, and there is no rec- increased likelihood that forced idle- community education and legal strate- a student’s only opportunity to chal- ognized legal authority that can be the ness will become conduct that leads to gies. Community education will ulti- lenge accusations will be within the basis for a student’s demand for an incarceration. mately be directed toward school four corners of a complaint form. The alternative educational experience dur- Several factors contribute to the administrators, students and teachers. Work Group has plans to develop a ing a period of suspension. The Work school to prison phenomenon. They However, the initial focus will be on the model disciplinary policy that will Group hopes to address this dilemma. include, among others: education field’s professional associa- include features and safeguards that It is hoped that these strategies will protect the due process rights of Ⅵ a 1985 Michigan Attorney General’s tions. The Work Group will assemble a and others will contribute greatly to opinion that suspended and expelled traveling panel of experts that will tell accused students. The document will keeping Michigan’s children of color students have no right to an alterna- the governing boards of these associa- then become the focus of a campaign on the track to education and career tive education program; tions that all children are entitled to an for the adoption of a uniform, manda- success rather than in a prison-bound 9 education, and that if children do not tory, disciplinary procedure. pipeline. Ⅵ Ⅵ an overly broad state “zero toler- 7 receive an education, statistics show 0 ance” law that limits individualized 0

that they are almost certain to end up in 2

consideration of students and their G prison. Furthermore, depriving chil- N

offenses; DEPRIVING CHILDREN OF AN EDUCATION I

dren of an education effectively R P Ⅵ inconsistent disciplinary procedures deprives Michigan of its creative poten- EFFECTIVELY DEPRIVES MICHIGAN OF S that do not always ensure due tial. There will be special efforts, in ITS CREATIVE POTENTIAL. process; cooperation with the national ACLU,

ACLU DEFENDS LANDMARK RULING IN FIRST APPEALS COURT ARGUMENT ON ILLEGAL SPYING

The American Civil Liberties Union argued before the Sixth Circuit Court of Appeals in January that the president broke the law by authorizing the to engage in warrantless surveillance of Americans. The ACLU is urging the appeals court to uphold a lower court order that would prevent the NSA from resuming the illegal program. A district court judge in Detroit ruled on August 17, 2006 that the NSA program violates the Foreign Intelligence Surveillance Act (FISA) and is unconstitutional. Stating that there are “no hereditary kings in America and no power not created by the Constitution,” Judge Anna Diggs Taylor ordered the president to shut down the illegal program. The Bush administration appealed the ruling. Just days before the appeals court hearing the government suddenly reversed its position and the Justice Department conceded that the judicial branch has a role in overseeing surveillance by the NSA, and announced that the Foreign Intelligence Surveillance Court issued secret orders approving the surveillance. Shortly after this revelation, the Bush administration filed a brief seeking to dismiss the ACLU lawsuit because the NSA surveillance is now under the review of the secret intelligence court. However, the ACLU noted that the president is still claiming the "inherent authority" to engage in warrantless eavesdropping and nothing would stop him from resuming warrantless surveillance tomorrow. Only an order from the court saying that the president cannot violate the law would prevent that from happening, the ACLU argued. Following Wednesday's hearing, the ACLU held a press conference on the courthouse steps with attorneys and clients in the case, including NSA expert , criminal defense attorney Nancy Hollander, and Nazih Hassan of the Muslim Community Association of Ann Arbor. Nearly 30 activists from Michigan, Maine, Ohio, Texas, California, Washington and Rhode Island were also present. The case is ACLU v. National Security Agency, Docket No. 06- 2095. More information, including legal briefs and plaintiff ACLU Lawyers and clients stand outside the Sixth Circuit Court of Appeals in Cincinnati, Ohio statements, is online at: www.aclu.org/nsaspying Ⅵ MEETING WITH ELECTED OFFICIALS IS KEY TO LEGISLATIVE SUCCESS

s the Michigan Legislature begins its session, ACLU members across Athe state should take the time to meet with their State Representatives and Senators to discuss critical civil liberties issues that will be debated during the session. From your local city council to your Senators in Washington, meeting with your elected officials about civil liberties issues is a lot easier than you might think.

Remember, a lobby visit is merely an immediate attention as the legislature mitted when they were under 18 opportunity for you to tell your elected begins its work. years of age, making Michigan the representative what you think about a third leading state in the United certain issue or bill, and to urge him or ABOLISH JUVENILE LIFE States in sentencing juveniles to life her to take action on that issue. After SENTENCES WITHOUT without parole. all, your legislators work for you! POSSIBILITY OF PAROLE Ⅵ In Michigan, children can be trans- SHELLI WEISBERG A personal meeting with your legis- The first concerns a package of bills ferred to adult courts and sentenced LEGISLATIVE DIRECTOR lator is one of the best opportunities to that would prohibit sentencing juve- to life without any chance of parole wealth of personal information. demonstrate that there is a con- niles to prison for life with no possibil- no matter what their age or consider- Worse, its “machine readable com- stituency for civil liberties in your dis- ity of parole. The bills were introduced ation of the circumstances of their ponent,” will be read everywhere trict. This initial visit presents a prime last year and will be re-introduced in offense. from retailers to airports, allowing opportunity for you to be proactive and both chambers this session. The Ⅵ The majority of juvenile lifers are easy tracking and monitoring of advocate for legislation important to ACLU of Michigan published report, minority youth, 69% being African- ordinary, law-abiding Americans. the ACLU. You can find a full listing of Second Chances: Juveniles Serving Life American – starkly disproportionate Ⅵ REAL ID will do nothing to combat new legislators and an updated legisla- without Parole in Michigan, is available to the general population in terrorism. ID checks are a poor way tive docket at www.aclumich.org. at www.aclumich.org. Michigan which is 15% African- to enhance security because the bare Below, I have provided background Ⅵ Michigan prisons currently incarcer- American. facts of a person’s identity do not information on two issues that deserve ate 307 inmates for crimes they com- Ⅵ Half of the children are sentenced for indicate terrorist intent. In some their role as accessory to the crime. cases, they can actually make it Ⅵ Almost half (146) of the children are worse by creating the false impres- serving for crimes committed when sion that a dangerous person with a 10 HOW TO PLAN AN EFFECTIVE MEETING they were sixteen or younger. Most legitimate ID is not a threat. WITH YOUR ELECTED OFFICIAL were 16 or 17-years old at the time of Ⅵ REAL ID would not have prevented the offense. 7 9/11. All but two of the 9/11 hijack- 0 1. REQUESTING YOUR MEETING: Ⅵ The forming identities of young 0 ers were in this country legally on 2 offenders make them excellent can- • Make your request in writing and follow up with a call to the Appointment student visas and had legitimate G didates for rehabilitation N Secretary/Scheduler. I state-issued IDs. Furthermore, Ⅵ R They are far more able than adults to

P every single one of the terrorists had • Let them know what issue and legislation (by bill number, if you have one) learn new skills, find new values, and S a document that would still get him you wish to discuss. re-embark on a better, law abiding on an airplane today – a passport. • Make sure they know that you are a constituent. life. Ⅵ REAL ID makes us less safe. The Ⅵ Sentences of life without parole often creation of a single interlinked data- 2. PREPARING FOR YOUR MEETING: place juveniles in adult facilities base and the requirement that the where rehabilitative resources are • Decide who will attend the meeting. Keep it small, but bring people who driver’s license data be stored in a much more limited. represent different groups that have an interest in the legislation like “machine readable” format on the Ⅵ We recommend that mandatory life doctors, veterans, religious leaders, school board members, etc. license will create a one-stop shop for sentences for juveniles be prohibited, • Agree on talking points. It's tough to make a strong case for your position identity thieves. and sentencing is instead based on when you are disagreeing in the meeting. Ⅵ REAL ID is an unfunded mandate. individual assessment and propor- The National Conference of State • Plan out your meeting. Time is limited. Be sure that you lay out the meeting tional punishment with the opportu- Legislatures’ estimate of a partial cost beforehand, including who will start the conversation. nity for parole consideration. for implementing REAL ID is a Ⅵ We recommend that individual • Decide what you want to achieve. Asking your legislator or his or her staff whopping $11 billion, and the actual assessments of the need for contin- member to do something specific will help you know how successful your cost may rise above $20 billion. So far, ued incarceration of those already visit has been. the federal government has appro- sentenced be considered to allow priated just $40 million, leaving cash- 3. DURING THE MEETING: these prisoners the opportunity to strapped states to shoulder the entire rejoin and contribute to society, if so • Be prompt and patient. financial burden for a program. deemed by the parole board. • Keep it short and focused. You will have 20 minutes or less with a staff Ⅵ REAL ID will mean longer lines, person, and as little as 10 minutes if you meet with your elected official. higher fees, and more bureaucracy at REPEAL THE REAL ID ACT the Secretary of State. The onerous • Be positive. Start the meeting by thanking the legislator for any votes he or verification requirements for these she has made in support of your issues. Another critical issue of concern to the ACLU is the repeal of the federal documents will force multiple repeat • Stick to your talking points. Stay on topic, and back them up with no more REAL ID Act. Signed by President visits, and will create an insurmount- than five pages of materials that you can leave with your elected official. Bush in 2005, REAL ID creates a fed- able bureaucratic hurdle for anyone • Provide personal and local examples of the impact of the legislation. eral identity document that will be with a discrepancy in their records – even one as innocent as a last name • Never make up an answer to a question. Giving wrong or inaccurate required by every American. Although change. Further, the incredible cost information can seriously damage your credibility! touted by the administration as a tool against terrorism, security experts say it of implementation will be passed on • Set deadlines for a response. Ask when you should check back to find out does nothing to keep us safe and puts us to ordinary citizens in the form of tax what your legislator intends to do about your request. If you need to get at greater risk for invasions of privacy hikes and application fees. information to your legislator, set a clear timeline for when this will happen. and identity theft. Ⅵ REAL ID is a nightmare for state gov- 4. AFTER THE MEETING The ACLU is urging our representa- ernments. It requires untrained state tives in the state legislature to pass a res- motor vehicle departments to verify • Compare notes with everyone in your group to understand what the elected olution protesting the mandate of a the “issuance, validity and complete- official committed to do and what follow-up information you committed to federal ID card and refusing to imple- ness” of every document presented to send. ment the REAL ID Act in Michigan. them, such as birth certificates and • Each person who took part in the meeting should promptly send a personal Please use the following talking points immigration documents. thank you letter to the legislator. to urge your state representative and Ⅵ Real ID can be stopped. To date, senator to support a resolution against more than 16 states have active reso- • If the elected official or staff member doesn't meet the deadline for action REAL ID: lutions against REAL ID. Maine you agreed to during the meeting, ask him or her to set another deadline. Be All of this information, and much was the first to enact theirs on persistent and flexible! more, can be accessed at January 25, 2007. Resolutions in If you are meeting with a legislator, or if you would like to join the ACLU during www.REALnightmare.org Montana and New Mexico have scheduled visits, send an e-mail to [email protected]. Knowing what Ⅵ REAL ID is a national identity sys- passed at least one chamber and the arguments your legislator used, what issues are important to him or her, and tem that violates Americans’ privacy Georgia, Vermont, Washington and what positions he or she took will help us make our lobbying strategy more rights. REAL ID mandates a single, Wyoming resolutions have cleared at effective. interlinked database containing a least one committee hearing. Ⅵ protection oflibertyaround thestate. universities throughoutthestate. have buddingstudentchaptersatseveralcollegesand O Kalamazoo, Traverse City, Flint,Midland,Lansing, b ACLU. TheACLU ofMichiganhasvolunteer t new members,screenlegalcomplaintsandsupport c organize aroundlocalcivilrightsandliberties I ence forlocalmembersandfriendsthisSeptember. Metro DetroitBranchisplanningaone-dayconfer landmark Bush Administration’swarrantlesswiretappinginthe Detroit-area residentswhosuccessfullychallengedthe Bernard GottfriedA the MetroDetroitbranchpresenteditsannual www.aclumich.org/metrodetroit. Atthesameevent, missions soonontheMetroDetroitbranchwebpage, Into PlowsharesGaller members andfriendsonDecember14 attheSwords branch BillofRightsreception,attendedbyA presented tosomeofthewinnersatMetroDetroit to civillibertiesandtheBillofRights.Awards were twenty-four entriescreativelyexaminedissuesrelated annual BillofRightsContest.Onehundredand ries orproducedvideosforthebranch’ssecond Counties wroteessays,poems,scriptsandshortsto METRO DETROITBRANCH(W A m Prices.” Thisyear’smeetingwilltakeplaceinthebase- “Outfoxed, a ACLU NationalofficeandRobertGreenwald,who seriesproducedbythe newdocumentary olutionary suppress protestactivities.TheFreedomFilesisarev- F 4pm. Thebranchwillshow“TheACLU Freedom meeting onSaturday, April28,2007from2pmto I (ARENAC, BAY, CLARE,GLADWIN, GRATIOT, CENTRAL MICHIGAN BRANCH he programsandinitiativesofthenationalstate SABELLA, MIDLANDANDSAGINAW) oncerns, monitorlocalgovernmentalbodies,recruit lso producedanddirected“U ranches intheMetroDetroitarea,GrandRapids, iles: Dissent,” aboutthebattlesagainstattemptsto ndrews inMidland.Refreshmentswillbeprovided. akland CountyandWashtenaw County. We also ent loungeattheGraceA.DowLibrary, 1710 W. St. FROM THEGRASS ROOTS f n The Students at16 highschoolsinWayne andMacomb Join theCentralMichiganBranchfortheirannual ew ofthenineACLU volunteer branches. Thework they doiscritical to the the A heard oral arguments onthephonecompanies’ request to dismiss In September 2006,Administrative LawJudge Mark D.Eyster cus customers thatitwould “ensure theconfidentiality ofevery committed consumer fraud byviolatingitsown assurances to telecommunications giants.Thecomplaint alleged thatAT&T complaint inJuly 2006withtheCommission against the Security Agencywithoutc private details aboutAmericans’ telephone calls to theNational Responding to reports thatphonecompanies are turningover National SecurityAgency. when they voluntarily gave customer telephone records to the by theACLU ofMichiganfor violatingtheirown privacy agreements Verizon’s request to dismiss thecomplaint brought against them A MICHIGAN PUBLICSERVICECOMMISSION DENIED TELECOM GIANTS’MOTION TO DISMISS CASE BEFORE THE “s A A every editionofournewsletter, we are pleased to spotlightthework ofa Michigan PublicService Commission judgedeniedAT&T and tate secrets” doctrine asbasisfor dismissal. Thisdoctrineisa branches providecommunityeducation, T&T ANDVERIZON,JUDGESAYS CL t omer’ ACLU v. NSA CL ” and “Wal-Mart: TheHighCostofLow U U’ s s OF MICHIG c c omplaint. Thephonec alling andac ward tothesixcourageous y. Lookforthewinningsub- lawsuit. Staytuned–the A YNE, MACOMB) n c ourt or constitutional,” ount inf AN MA ders, theACLU ofMichiganfiled a ormation.” ompanies hav CLU - - Y site, www.aclumich.org.site, information abouteitherseries,pleasevisitourweb- CommissionsAct.Fordiscussing theMilitary more Steinberg andHagenFrank,AssistantU ACLU ofMichiganLegalDirectorMichaelJ. W Bill ofRightsdebateseries.Theserieskickedoffon Wednesday nightsinMarch,don’tmisstheannual stunning docu-drama,RoadtoGuantanamo.Andon March 23,concludingwithaspecialshowingofthe TV. 12 TheshowingstakeplaceJanuary through vative newdocumentar features twohalf-hourepisodesoftheACLU’s inno- Friday FilmFestival. M inKalamazoo thiswinter,Gallery astheSouthwest KALAMAZOO, ST. JOSEPH,ANDVAN BUREN) (ALLEGAN, BERRIEN,CALHOUN, CASS, SOUTHWEST MICHIGAN BRANCH u Elsila [email protected] conference Volunteers cangetinvolvedbycontactingDavid pdates, visitthebranchwebpage,listedabove. MOVE FORWARD WITHCASE AGAINST ednesday I F Branch hoststhefirstACLU FreedomFiles riday nightsarehoppingattheSmartShopArt e inv ok , Free andopentothepublic,eachevening March 7 ed the , 2007 withadebatebetween y series firstairedonCourt r Public Service Commission has“jurisdictionto investigate and that theMichigan ACLU ofMichigan agr Kary Moss. Michael J.Steinberg andACLU ofMichiganExecutive Director Attorney ThomasF. Weider, ACLU ofMichiganLegalDirector The ACLU ofMichiganisbeingrepresented byACLU Cooperating have standing. state secrets privilege” andthattheACLU anditsclientsdoinfact the companies, “asonly thefederal government mayclaimthe decision, Eys In the39-page fr t increas-ingly using government is defense thatthe o esol om judicialr hide itsc eed withthe v e .S. Attorney, these claims,”thes onduct t er eview. contact [email protected]. 2”campaign.To volunteerattheACLU the “Noon and thosewhomadecallstoACLU membersduring four publicradiostationsinSEMichiganOctober volunteers whohelpedtheACLU staffthephonesat THANK YOU TO OURGRACIOUS VOLUNTEERS A B W B igan Washtenaw summer. RSVPbyApril23atwww.aclumich.org. member, Rave,who,sadly, Mary passedawaylast hero,JeffKass, andformerACLUpoetry board Arbor andwillalsofeatureawardstolocalyouth The eventwilltakeplaceattheNeutralZoneinAnn and co-founderofStu-dentsforaDemocraticSociety. is perhapsbestknownasacollegeanti-waractivist and now. Hayden,aformerCaliforniastatelegislator, on activismandthechallengestoourdemocracy, then h Arbor toshare he visitsAnn Tom Haydenas f 30th tohear rom legend is perspectives ranch onApril RANCH CLU ofMich- ASHTENAW Our deepestappreciationalsogoesouttothe30 Join the tate secrets doctrinedoesnotapply to FIELD DIRECTOR MARY BEJIAN Ⅵ , 11 SPRING 2007 URGE YOUR SENATORS TO FIX THE MILITARY COMMISSIONS ACT

JUST BEFORE THE LAST ELECTION, Congress passed the Military Commissions Act, which gives the President the power to decide by himself who is and who is not an enemy of our country, and to eliminate habeas corpus and due process rights for detainees. As a result, people lost the Constitution’s protections against being imprisoned unlawfully. S. 576, the Restoring the Constitution Act of 2007, fixes these problems by stopping the president from desig- nating anyone he wants as an enemy combatant, and instead defines enemy combatants as those people who are actually fighting against us. When the Military Commissions Act was signed into law in October, many Americans realized that the only thing scarier than a government that would take away our basic freedoms is a Congress and a people that would let it happen. We need to let Congress know that it is time to correct the October mistake and restore habeas corpus and due process in America, stop the president from deciding on his own who is an enemy of our country, and make sure that we all follow the same set of rules. URGE YOUR SENATORS TO CO-SPONSOR THE RESTORING THE CONSTITUTION ACT OF 2007, AND TO RESTORE AMERICAN VALUES BY FIXING THE UN-AMERICAN MILITARY COMMISSIONS ACT AT WWW.ACLUMICH.ORG THE UN-AMERICAN MILITARY COMMISSIONS ACT NEEDS TO BE FIXED BECAUSE IT: * allows the president alone to decide who is and who is not an enemy of this country. eliminates the Constitution’s due process right to habeas corpus for people the president decides are enemies of our * country, and permits the government to keep hundreds of detainees imprisoned indefinitely and without charge. lets the president make up his own rules on what is torture and abuse, instead of simply following the rules in the * Geneva Conventions; and removes accountability for top government officials, which means that we can’t know that torture and abuse has * stopped and won’t happen again. RESTORING THE CONSTITUTION ACT OF 2007 RESTORES HABEAS CORPUS AND DUE PROCESS BY: * stopping the President from deciding on his own who is an enemy of the country * restoring the Constitution’s habeas corpus protection of having a court decide whether a person is being imprisoned unlawfully. * blocking the federal government from making up its own rules on torture and abuse and forcing them to comply with the Geneva Conventions. * ensuring that all felony torture and abuse can be prosecuted and that top government officials are held accountable.

THERE ARE SOME RESOLUTIONS THE ACLU CAN HELP YOU KEEP. YES...I Resolve To Rejoin! As 2007 begins, people all across the country are resolved to get I am enclosing my membership contribution in the amount of: back the freedoms we’ve lost in recent years. Are you one of them? Individual: Ⅺ $20 Ⅺ $35 Ⅺ $50 ** Ⅺ $100 Ⅺ $250 Ⅺ Other $______We hope so – because the ACLU and the Constitution need you back. Joint*: Ⅺ $30 Ⅺ $50 Ⅺ $75 Ⅺ $150 Ⅺ $300 Ⅺ Other $______*A joint membership represents two members in one household and gives the ACLU greater RESOLVE TO REJOIN. strength in lobbying. Rejoin the ACLU now by completing this form or by visiting our **Your contribution at this level or higher is deeply appreciated; secure website at http://action.aclumich.org/resolvetorejoin. please accept an ACLU t-shirt as a token of our gratitude: (Circle size: M L XL XXL XXXL) Rejoin at the $50 individual level or higher and receive a free Joining automatically makes you a member of the national organization, the Michigan affiliate and your local ACLU of Michigan t-shirt as a token of our appreciation. The chapter where one exists. Membership contributions to the ACLU are not tax-deductible for charitable purposes. challenges – and opportunities – have never been greater. Rejoin now to help the ACLU stand strong as we move freedom forward. Payment method: Ⅺ Enclosed is my check. (Please make checks payable to ACLU.) Ⅺ Please charge $______to my Ⅺ Visa Ⅺ MasterCard Ⅺ American Express Account # ______Exp. Date ______Name on Card: ______Signature: ______

Please print: Name______Address ______City ______State ______ZIP______Home Phone #(_____) ______Email______Ⅺ I would like to be notified of legislative activities concerning my civil rights and liberties. Sign me up for the ACLU’s email Action Alert Network. (Email address required.)

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