aclu-ky.org THE TORCH Spring 2018 Newsletter of the American Civil Liberties Union of Foundation

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of Kentucky’s long and distinguished MEET OUR NEW history of successfully advocating for Kentuckians’ civil rights and civil liberties in state and federal courts, including LEGAL DIRECTOR, before the U.S. Supreme Court,” said Michael Aldridge, ACLU-KY Executive COREY SHAPIRO Director. “We found that person in By Amber Duke Corey Shapiro. His credentials are impressive, his experience as a litigator ACLU-KY Communications Director and community organizer is unique, and his vision for the Legal Program is energizing.” An attorney with extensive experience litigating in federal court and community “I am deeply honored and truly excited organizing has been selected as the next to lead the ACLU of Kentucky’s Legal Legal Director of the ACLU of Kentucky. Program,” said Shapiro. “The current political and legal landscape demands Corey Shapiro was selected after a vigilance, enthusiasm, and commitment to months-long search that drew candidates all aspects of the ACLU’s mission. I look from across the nation. The ACLU- forward to building relationships across KY Board of Directors approved his the Commonwealth to expand the ACLU appointment in April. He started work on of Kentucky’s reach and impact.” May 7. Corey graduated from Washington “We were looking for a leader that could University with a degree in English pick up the torch and advance the ACLU Literature. After Washington University,

ACLU-KY SPRING 2018 1 Corey worked in Washington, D.C. for several years as a political organizer for the civil rights organization People For the American Way. He then graduated, with honors, from George Washington University Law School.

After law school, Corey spent over ten years as a litigator with two large international law firms. While primarily maintaining a commercial litigation practice, Corey worked on LEGAL a significant number of civil liberties cases pro bono. In 2012, he received a UPDATE “Lead On!” Award from Access Living for his work successfully representing By Heather Gatnarek disabled adults in Illinois in a class ACLU-KY Legal Fellow action civil rights litigation working closely with the ACLU of Illinois and other civil liberties groups. In 2015, Corey and his family moved When the General Assembly introduced the bill in multiple to Louisville, Kentucky where Corey gaveled into session in states. Marsy’s Law purports continued his commercial practice at a January, the Legal Program to provide crime victims local law firm as Counsel. began its work to review constitutional rights equal the constitutionality of bills to those afforded to criminal Corey has been very involved in the introduced by Kentucky’s defendants. Unfortunately, Louisville community. Prior to joining legislators. The General the bill offers no resources the ACLU of Kentucky as Legal Assembly introduced and or guidance to ensure these Director, he served on its Committee heard hundreds of bills, rights, and no real remedy if on Litigation and Legal Priorities. and some were patently someone feels their rights are Corey is also active with the Louisville unconstitutional. We have violated. Kentucky already Jewish Community Relations Council already challenged one of has a statutory Victims’ Bill and received the Jewish Community these measures, HB454, a of Rights – without additional of Louisville Julie Linker Community ban on the most common resources, Marsy’s Law will Relations Young Leadership Award. second-trimester abortion do nothing to further protect procedure, in court. Although these rights. We believe that Corey is only the second Legal the bill was passed with victims with resources will be Director in the ACLU of Kentucky’s an emergency clause, the able to hire their own counsel 63-year history. Longtime Legal attorneys for the state have to advocate for their rights, Director William E. Sharp left the indicated they have no while those without will organization to work in private intention to immediately not. Additionally, Marsy’s practice late last year. Prior enforce the bill, and so Law will, by its very nature, to Sharp’s tenure, in 2004, Lili pursuant to an agreed order undermine the critical Lutgens became ACLU-KY’s first signed by the federal judge, protections afforded to those Staff Attorney. Before that, the doctors at the last remaining who are accused of crimes organization relied on volunteer abortion clinic in Kentucky – because we are a nation lawyers, including longtime General will continue to be able to of laws, the presumption of Counsel David Friedman, and support provide this care to Kentucky innocence until proven guilty from the national ACLU to deliver women while the case is is paramount, and this law high-quality representation on cases pending. will weaken and undercut that had a broad impact upon the this presumption. Because rights of Kentuckians. The Legal Program also this is a constitutional carefully followed the amendment, Kentucky voters There will be several opportunities movement on SB3, commonly will see Marsy’s Law on the to meet Corey in the weeks ahead. known as “Marsy’s Law.” ballot in November. We will Please keep an eye on our website and This bill is part of a work to educate the public social media pages on Facebook and nationwide strategy out about the inherent problems Twitter for event announcements. of California, which has with this law.

2 ACLU-KY SPRING 2018 THE IMPORTANCE OF PROSECUTOR ELECTIONS

“Prosecutors are CHARGING BAIL PLEA BARGAINS the most powerful, DECISIONS Prosecutors ask for bail, Approximately 95% of unaccountable, and Prosecutors decide who and judges often accept all cases are resolved least transparent gets charged with what. these recommendations. by plea. Often, actors in the criminal Even if police officers Prosecutors could single- people plead guilty bring the initial charges, handedly do away with because there is a risk justice system.” – a cash or money bail associated with going Udi Ofer, director of it is up to the prosecutor to decide what charges system by regularly to trial – that they’ll be ACLU’s Campaign for to pursue, and they have requesting release on convicted of the most Smart Justice a tremendous amount of one’s own recognizance, serious offense charged, discretion in this decision. or by requesting release and sentenced to the Elected prosecutors For instance, prosecutors with certain conditions maximum penalty have more power than in some jurisdictions attached. possible. A plea bargain any other single actor have told police officers Studies show that pretrial reduces that risk and most often reduces the in the criminal legal they will not pursue detention increases the criminal charges for minor amount of time that system to influence likelihood that someone marijuana possession will plead guilty or be may be served. the trajectory of offenses. convicted at trial. Pretrial It is the prosecutor’s justice policies. detention impacts a decision what plea Prosecutors decide: person’s housing, job, and bargain offer to make.  What charges to request child custody issues, while at the grand jury they sit in jail pending Prosecutors decide:  Whether any charges adjudication of their case.  Whether to amend get dismissed or charges increased Prosecutors decide:  Whether to offer  In light of HB169 (gang  Who will be able to be a plea bill), whose charges are released pending trial  What plea bargain enhanced by being an  Who will have to pay is offered alleged member of a large amounts of  What sentence to gang money to be released ask for

Prosecutors are elected by the voters –  Will they seek justice, not conviction WHAT this means you! YOU decide who fills rates? THIS these incredibly influential roles in the  Do they share your values of equity and criminal legal system, and they should be equality? MEANS accountable to you. We encourage you to research the Before voting for your local county or candidates for elected prosecutor positions commonwealth attorney, make sure you in your area, contact those individuals, know a few things about the candidates: attend or organize candidate forums, and  Are they committed to racial justice? make sure you know who you’re electing to  Will they work to end mass these crucial positions! incarceration?

ACLU-KY SPRING 2018 3 from enforcement after we filed a lawsuit challenging it as unconstitutional. Our priority this year, the Pregnant Workers Rights Act (Senate Bill 38) – a measure that provided modest accommodations to pregnant Kentuckians in the workplace, stalled after passing unanimously out of the Senate Judiciary Committee. Sen. carried it and has agreed to sponsor it in the 2019 session.

LGBT RIGHTS House Bill 372 protected a broad spectrum of “religious” institutions who felt compelled to discriminate against LGBTQ Kentuckians. Though the bill carried dozens of co-sponsors, it was dramatically limited in its scope due to changes in a House committee. The bill failed to move in the Senate.

JUSTICE Rep. Kimberly Moser and Rep. Jason THE 2018 Nemes worked with a variety of stakeholders to put together a broad justice reform package. The measure, GENERAL House Bill 396, got at the leading drivers of Kentucky’s prison and jail populations, which are the fastest ASSEMBLY growing in the country, and put in place By Kate Miller a number of common sense alternatives to incarceration. The bill received a ACLU-KY Advocacy Director single, informational hearing and failed to move from the House Judiciary committee. The primary opponents of reform were the judges and prosecutors.

RACIAL JUSTICE The Kentucky General Assembly wrapped House Bill 169, which became known up the 60 days 2018 legislative session on as the “Gang Bill,” is a new law that th Saturday, April 14 . While pensions, taxes broadens the scope of who could be and the budget dominated the General considered a gang member, and puts Assembly lawmakers still made time to in place lengthier sentences for crimes take up a number of other bills, including (including even misdemeanors – some legislation implicating LGBT rights, racial our lowest level of offenses) committed justice, the penal code, and access to by “gang members”. Mississippi recently abortion, among other things. failed to move forward on such an action because their existing gang law was only REPRO RIGHTS used to prosecute people of color – in Unfortunately, but as we’ve come to spite of reports that the majority of gang expect, the Kentucky General Assembly members in Mississippi are white. passed further restrictions on abortion by banning D&E abortions – the most MINI-LOBBY DAYS common form of second-trimester abortion. The 2018 session was historic in This type of law has been blocked by a number of ways – including our courts in a number of other states, and increased presence in the Capitol. though the bill included an emergency Through the work of a number of clause, it has been temporarily blocked staff members and interns, the ACLU

4 ACLU-KY SPRING 2018 Clockwise from top left:

Members of Kentucky Religious Coalition for Reproductive Choice meet with Senator during a “Throwback Thursday,” lobby day event. Throughout the session, repro rights advocates met with legislators about abortion access, sexuality education, and more on Thursdays at the Capitol.

ACLU-KY Social Work interns Nora and Melissa, far right, set up 11 meetings for Kentuckians with direct experiences with the U.S. Immigration System to come to the Capitol to meet with their legislators about the anti-immigrant bill, House Bill 240. Here Omar Salinas Chacon and Fredy Encarnacion meet with Senator Reggie Thomas.

ACLU-KY Smart on Crime Organizer Amanda Hall (center, right) organized Smart on Crime Wednesdays throughout the legislative session. She brought 48 people (ranging from folks in long-term recovery to people who work to treat substance use disorders) to the Capitol of Kentucky had a record number of Though we worked on a number of for a total of 34 one-on-one legislative meetings this session. We other bills including measures related meetings about the need for facilitated nearly 60 one-on-one, sit to body cameras, free speech and use justice reform. down meetings between lawmakers and of the death penalty when there’s a Kentuckians with firsthand knowledge of diagnosis of severe mental illness – the impact of legislation being considered. our most important worked hinged Through Smart on Crime Wednesdays, on the over 60 volunteer advocates Abolition Tuesdays, Welcome Home that made their way to the Capitol Wednesdays, and Throwback Thursdays this legislative session to meet with we worked with partners to bring unique lawmakers and testify against bills, perspectives to the Capitol each week. along with the thousands of other Lawmakers heard from folks who are supporters that wrote emails and unable to use graduate degrees because made phone calls. We are profoundly of past convictions, Kentuckians who live grateful for the sacrifices they made, in constant fear of deportation, as well and are already in the process of as people of faith who believe it is their planning for the 2019 legislative moral obligation to protect access to safe session. We feel confident that we abortion, and Kentuckians who have lost punched well above our weight and loved ones to violence that recognize that look forward to continuing the fight for them, a death sentence offers no relief. next year.

ACLU-KY SPRING 2018 5 WE THE PEOPLE DINNER

The ACLU-KY would like to extend a very special “Thank You” to Susan Hershberg and the Wiltshire Pantry for an elegant dinner on March 24th. The annual celebration honors the committed partnership between the Fairness Campaign and the ACLU of Kentucky as well as the contributions of those who work daily protecting the civil liberties and civil rights of all Kentuckians. This year’s event had a record-breaking crowd of 560 attendees that mixed and mingled at the Speed Art Museum. Special thanks to our generous sponsors who helped make this event a success, and  Brymer Photography for capturing special moments throughout the evening!

 A group of Emerge participants and graduates were in the house!  Randy Correll, Jeff Rodgers, Jeff Polson, Ian Ferrer, Ed Kruger, Robert Simpson, Rusty Cheuvront, Curtis Conlin, Gary White.  Enid Trucios-Haynes, Sarah Nunez, Karina Barillas.  TJ Gordon, Chanelle Helm, Christian Jones.  Rhonda Barnett, Kyle Dover,  Hope Howell, Joan Kofodimos.

6 ACLU-KY SPRING 2018 THANK YOU TO OUR SPONSORS

 21 Skye Design Jack Walker for KY House Porter Watkins and Allan Atherton District 35 George Bailey Ampelio and Rose Isetti Jane Feltus Welch Re-Elect County Attorney Annie O’Connell for Jeff Polson and Mike O’Connell Circuit Court Judge Gary White Re-Elect Judge Aspire Real Estate Jeff Rodgers and David Bowles Augusta and Gill Holland Ed Kruger Re-Elect State Representative Barbara Beard Jefferson County Teachers Association Attica Scott Black Rooster Farm Jessica Loving and Richard Becker for KY Brent Ackerson for Sheryl Snyder House District 35 County Attorney JL and Nora Mattingly Sandra Frazier Brown-Forman Joan Kofodimos and Shelley Santry for Judge Bryan Gatewood for Kyle Dover State Senator Family Court Judge John and Marilyn Werst State Senator Morgan Charles Booker for State McGarvey Representative Josh Mers for State Representative Stegner Investment Conliffe and Hickey Associates Insurance Judge Darryl Lavery  Steve and Willa Barger Councilman Bill Hollander Judge Katie King and Lisa Keener Karen Faulkner Susan and Mark Blieden Darrel and Nancy Shelton for District Court Tanisha Ann Hickerson Judge, Division 9 for Jefferson County Diane Seaman for KY District Court Judge House - District 59 Katy Schneider The Campaign to Elect Djenita and Paya Pasic Lexington Mayor Jim Gray for Congress Tracy Davis Dona Wells Lisa Osanka and The Irish Rover Dorene Stein Carla Wallace Tina Bojanowski Dr. Ernest Marshall Lisa Willner for State Rep Tom Wallace Lyons Dr. and Look Family UPS Mr. Robert Brousseau Louabull Virginia Forest and Dr. Kenneth and Patria Fielding Shelly Zegart Louisville Urban League Vote Judge Andre Dr. Patti and Magnolia’s Florals, Events, and Weddings Bergeron, Mr. Michael Minter District Court Eleanor Bingham Miller Marjorie Fitzgerald Mark England Realtor Will and Becky West  Emily Bingham and William Graham Stephen Reily Markus Winkler for Metro Council District 17 Wiltshire Pantry and Emily Digenis for Family Susan Hershberg Court Judge Mary Moss Greenebaum Eric Graninger and Matthew and Jeff Been Brooke Barzun Erie Insurance Group Mattie and Bob Brown Eugenia and John Potter Meyer Consulting Feast on Equality Paula Harshaw George Russell Phillip Baker Greg Bourke and for KY House Michael DeLeon District 43, Endorsed by Greg Fischer for Rep. Owens Mayor 2018 Play Dance Bar

ACLU-KY SPRING 2018 7 NEW MEMBERS OF THE BOARD OF DIRECTORS

JASON JESSICA BRIDGET JOANN CROSBY LOVING PITCOCK WHEELER BLAND Contrary to the As executive director of For as long as I can prevailing common, and the ACLU of KY in the remember, I have I am a graduate of the justified, perception of late 1970’s and later as a been an advocate for University of Kentucky Baptists in our nation board member of the local the rights of people. with a BS in Business at the moment, some and national ACLU, I As a young person, I & Economics and a JD Baptist ministers still learned about the ACLU’s learned the importance in Law. I was an active believe that creating many contributions and of seeking, supporting, Trial Lawyer and served a society where all the challenges faced and protecting as a Special Justice on people, no matter in its almost 100-year accessibility and better the Kentucky Supreme their race, religion, history. Today we are healthcare for my father, Court. I have and continue gender, or sexual experiencing serious, a Vietnam Veteran, to believe strongly in orientation possess regressive and repressive who was paralyzed the ACLU as providing the freedom to fully government actions. while serving in a voice for the voiceless be who they were Additionally, the rise combat. Professionally, and a defender for the created to be, is sacred of white nationalist I was instrumental in defenseless — for those work. Advocating for groups represents a building awareness whose Civil and Human separation of church special challenge to for opioid drug abuse Rights have been violated. and state, equal rights efforts to preserve the and developing case Over my entire career, for LGBTQ people, rights established by the management techniques I have used my talents equal access to the U.S. Constitution while to combat opioid and abilities to fight voting booth, women’s protecting public safety. addiction. I have always injustice, intolerance, reproductive rights, is sought ways to make a discrimination, and sacred work. The ACLU Perhaps my professional difference and protect unfairness. With my past of Kentucky is doing that experience in public the basic human rights education, legal experience, work. I am honored to relations and marketing deserved by all people. political connections, participate in the effort communications and I believe serving as a and as a woman who has by serving on The ACLU volunteer experience with member of the board faced her own extreme of Kentucky Board a number of social-justice for ACLU Kentucky is discrimination for being of Directors. groups can be used to a powerful next step in a married lesbian, a assist and enhance the helping the community transgender woman, I will excellent work being build capacity for bring empathy, caring accomplished locally by fairness, equality, and and concern to the ACLU the staff and board of the freedom. of Kentucky Board of ACLU of KY. Directors.

8 ACLU-KY SPRING 2018 Board of Directors Randy Strobo, President, Louisville ANNUAL Erin Kennedy, Vice President, Lexington MEETING Patricia Minter, Secretary, Bowling Green Lee Look, Treasurer, Louisville Cherie Dawson-Edwards, Natl. Board Rep., Louisville T Gonzales, Equity Officer, Louisville Stephen Barger, At-Large, Louisville Enid Trucios-Haynes, Immediate past President, Louisville Caitlin Blair, Louisville JoAnne Wheeler Bland, Elizabethtown Jason Crosby, Louisville SOHA Glenn Crothers, Louisville SAIYED Stafford Easterling, Frankfort I am an attorney Brandon Edwards, Louisville with the law firm Jenny Heitkemper, Abney Law Office, Louisville representing workers Jeff Johnson, Danville who have experienced Daniel Kirchner, Danville discrimination, Jessica Loving, Louisville harassment, and Bridget Pitcock, Louisville retaliation. Formerly, I Peggy Pittman-Munke, was a staff attorney with Murray the Legal Aid Society, Don Rodgers, Louisville serving rural, low-income Angela Singla, Louisville Kentuckians in such Soha Saiyed, Shelbyville areas as landlord-tenant, Curtis Stauffer, Louisville foreclosure, consumer, General Counsel and family law. Brent Asseff, Louisville I am from Shelby County, Staff Kentucky. I received my Michael Aldridge B.A. from Bellarmine Executive Director University and J.D. and Amber Duke Communications Director M.B.A. degrees from the The 2018 Annual Meeting was held in the ACLU-KY George Eklund University of Louisville. Community Engagement Louisville Office April 24. I’m a member of several Coordinator community organizations, Amanda Hall Members gathered for a discussion with two experts including serving as co- Smart on Crime Organizer from the National ACLU (one in D.C., one in New York) via chair of the Nelson and Africa Hands teleconference on separation of church and state, and Shelby County Human Operations & Program Associate reforming the criminal justice system on the front end from Trafficking Task Forces. I Heather Gatnarek sentencing to policing. also host the Queencast, Legal Fellow a weekly podcast Kate Miller The new members of the Board of Directors were featuring a diverse group Advocacy Director announced, and a special presentation was made to discussing life, current Corey Shapiro Legal Director recognize the years of service for departing Board Members events, and pop culture. Editor Michael Goodwin (Louisville), Keith Look (Danville), and Amber Duke Djenita Pasic (Louisville).

ACLU-KY SPRING 2018 9 NONPROFIT ORG US POSTAGE PAID LOUISVILLE, KY PERMIT NO. 636 315 Guthrie Street Suite 300 Louisville, KY 40202-3820

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BIG NEWS INSIDE: A NEW LEGAL DIRECTOR, 2018 LEGISLATIVE WRAP-UP, MEET OUR NEW BOARD MEMBERS

We’re grateful to our volunteers who help with projects throughout SAVE THE DATE FOR the year. Last fall, Nicole Gaines stepped up to assist the THE 2018 REPRODUCTIVE Communications Director with FREEDOM PROJECT BENEFIT the migration to our new website. Saturday, October 20, 2018 She sifted through thousands of 5:30-7:30 p.m. pieces of data, formatting it to fit Location and ticket information the new platform and assigning to be announced stay tuned! it to its correct space. Nicole used creative problem-solving to overcome a number of puzzling technical issues over the course ACLU of several weeks, working nights and weekends. You can check out MEMBERSHIP Nicole’s handiwork at CONFERENCE VOLUNTEER www.aclu-ky.org

SPOTLIGHT We rely on our members in all June 10-12, 2018 | Washington, D.C. corners of the commonwealth to Join us at the Membership Conference in our help us protect civil liberties. If nation’s capital this June. Come learn and be you’re interested in volunteering inspired, and become an even more effective with the ACLU of Kentucky, advocate for change. please visit our new website and DETAILS AND REGISTRATION INFORMATION AT click on the “Get Involved” tab on HTTPS://CONFERENCE.ACLU.ORG the home page.

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