AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA news ACLUFALL 2016 VOLUME LXXX ISSUE 3

WHAT’S INSIDE WHEN A PHONE CALL MEANS ACCESS TO JUSTICE Page 5 By Leslie Fulbright Students Speak Out About enior Staff Attorney Julia Harumi Mass was representing detained Police in Schools Simmigrants in a lawsuit challenging the use of shackles at court hearings when she noticed another problem at the Immigration and Customs Enforcement (ICE) facilities she visited: a telephone system that made it virtually impossible to speak with her clients.

The detention centers, where ICE holds people fight- “I would come to the office in the morning with six ing accusations that they violated civil codes governing messages that an inmate was trying to reach me, I didn’t legal status or seeking asylum, are in places like Yuba know who it was and couldn’t connect,” she said. “Un- 2 Vote in the Board of Directors County and Sacramento, so she wanted to set up a less I was sitting right by the phone when they called, we Election phone account to talk to potential plaintiffs. She asked couldn’t communicate.” the phone company to designate a line as confidential She spoke to other immigration attorneys and learned 6 Legal Victories and Updates for attorney-client communications to avoid monitoring they were driving for hours just to ask clients a question. or recording. And she prepaid for the expensive calls be- The obstacles were making representation extremely dif- 8 The Next Generation of Civil cause many of the people she was working with couldn’t ficult. She made a records request and began investigating Liberties Leaders afford to pay for them. and researching the policies, rates and other issues. She quickly learned that even with these efforts, it was Mass learned that some detainees were held in cells 10 Legislative Victories almost impossible to communicate with the clients. for 22 hours a day, with very little phone access. Those The phones required someone to accept the call, even who could make calls were charged exorbitant fees. though it was prepaid. She missed many of the calls that And the calls automatically cut off after 15 minutes. came in. When she did receive them, a voice recording There was no privacy and guards and other inmates informed her the calls were being monitored. Clients could hear the conversations, many of which included were unable to leave messages and she didn’t know who confidential information. PAID

NonProfit NonProfit CONTINUED ON PAGE 7 U.S. Postage U.S. Postage

Organization Organization to call back. Permit No. 4424 San Francisco, CA ACLU VOTER GUIDE NO on 66: increases california’s risk of executing an innocent person YES on 55 YES on 62 maintains funding for repeals california’s public education failed death penalty YES on 57 YES on 64 gives parole consideration legalizes marijuana

American Civil Liberties Union Foundation American Civil Liberties Union St. 39 Drumm CA 94111 Francisco, San to people with nonviolent for adults 21+ convictions Learn more about these propositions YES on 58 as well as ACLU-NC positions on helps students learn english local measures at more effectively w w w . a c l u n c . o r g /e l e ct i o n

VISIT WWW.ACLUNC.ORG TO READ MORE 1 BOARD NOMINEES’ 2016 CANDIDATE STATEMENTS

ALLEN ASCH Born and raised in the Central Valley, California, Rob- my experience in government and the nonprofit world will I would be honored to be re- ert believes that the work of the ACLU-NC should be be an asset to the board. Thank you for your support and elected to serve on the board expanded throughout the region of the state that most I look forward to working with our members to advance of the ACLU-NC. I joined the desperately needs it. He is committed to working with our shared goals! ACLU of Southern California the Board, staff, and communities to promote the mis- sion of the ACLU-NC to advance the civil liberties of while in high school in the YOMI WRONG 1980s, worked as a cooperat- our state’s most vulnerable populations. It would be my honor to con- ing attorney with the ACLU tinue to serve as an At-large in Missouri and New Jersey in SAVITH IYENGAR member of the Board of Di- the 1990s, and helped form the Sacramento chapter of I respectfully seek to serve a rectors. My passion for civil the ACLU in 2007. My recent local ACLU activism second term on the board of liberties and commitment to in Sacramento includes fighting for immigrants’ rights the ACLU-NC. My dedication the ACLU’s work has deep- implementing the TRUST Act, lecturing to high school to the ACLU has long shaped ened during my previous term. students about their rights in school, and advising the my philosophy and career. In Since joining the board, I have local Black Lives Matter chapter about their rights school, my free speech work transitioned from my role as Executive Director of the when interacting with police. was featured in the Harvard Law Bulletin. As an attorney, I Center for Independent Living to a management role CHINA BROTSKY have worked to protect civil rights alongside the ACLU- in ADA compliance at Sutter Health. So my role in the Disability Rights Movement has changed, but my China is Director of Finance NC, including defeating the shackling of thousands of dedication to its principles has not wavered. I believe and Operations at SumOfUs, a immigrant detainees. In 2015, I received the California the ACLU is just starting to make significant impact in global online corporate account- Lawyer Attorney of the Year Award for this work. I have the area of Disability Rights and I would like to be part ability campaign organization. served on the Finance, Audit, Equity and Inclusion, and of identifying those intersections where civil liberties She is a serial entrepreneur and Officer Nominating Committees. I would be honored advocacy can help advance equality for all people with founded a number of nonprofit to continue to proudly serve the organization. disabilities. social enterprises in the technol- ogy and real estate sectors as well MATT MURRAY as a bi-national peer-learning network on collaborative I would be honored to continue space. She has a lifelong commitment to social and envi- my service on the ACLU-NC ronmental justice. She also uses her skills in finance and Board of Directors. I am a pub- operations on the Boards of Directors of 350.org, Global lic interest attorney primar- Please see the instructions at right, Greengrants Fund and the Nonprofit Centers Network. ily representing workers and then clip ballot below and send along with unions. I have served on the your address label to: JUSTIN BROWN ACLU-NC Legal Committee Elections Committee I truly believe in the ACLU’s since 2012 and was appointed ACLU of Northern California commitment to activism, spe- to an interim position on the Board this summer. I co- 39 Drumm Street cifically on behalf of minor- founded student ACLU groups at both UC Berkeley ity groups. It is important to and Harvard Law School, and previously served on the San Francisco, CA 94111 me that organizations like the ACLU-NC Board while I was a student. I am passion- ACLU not only exist, but thrive, ate about the broad range of civil liberties the ALCU Ballots must be received by noon on and continue fighting against fights to protect, and I am excited to continue my con- Dec. 5, 2016 civil rights infringements. My tributions to this great organization. work as a Certified Public Accountant has given me in- depth knowledge of non-profit finance, accounting soft- ISA NOYOLA ware programs, annual external audits, financial state- Isa Noyola is excited about ment presentation, and grant revenue recognition, all of the nomination to be on the ACLU-NC BOARD OF which are critical to the ACLU-NC’s financial health. If board. As a director of pro- elected to the board, I would like to provide guidance grams at Transgender Law DIRECTORS BALLOT and feedback in these areas and continue serving on the Center, she works extensively Finance Committee. for the release of transgender Please vote by marking one square next to women from ICE detention each candidate you support. VERONICA DIAZ and an end to deportations. You may vote for up to 10 candidates on She brings an intersectional lens to her advocacy My organizing experience in this ballot. If you share joint membership the migrant town of Salinas and has years of experience in the nonprofit sector. sparked my desire to union- Isa a national leader in the transgender community with another member, use both squares. ize workers and engage them and in immigrant rights movement. She identifies as ALLEN ASCH in the political process with a translatina, trainer/facilitator, fund raiser, activist,   the goal of addressing labor and cultural organizer. Isa is a passionate national inequality. Through my work advocate around viable strategies & conversations of   CHINA BROTSKY at the Teamsters Joint Coun- how philanthropy and NGOs can better resource the cil 7, I am able to connect workers and immigrants with transgender community and leadership.   JUSTIN BROWN their elected officials and thereby politically empower this largely underrepresented population. As the daugh- PEDRO RAMIREZ   VERONICA DIAZ ter of an immigrant farmworker and granddaughter of a It’s an honor to be nominated as Bracero, family traditions rooted in union mobilization a candidate to the Board of the   ROBERT FUENTEZ and civil rights have guided my career towards uniting ACLU-NC. As an immigrant who has the fortune of benefit- California’s most marginalized workers. SAVITH IYENGAR ing from the DACA program, I   ROBERT FUENTEZ believe I can bring a great deal MATT MURRAY Robert A. Fuentes is a public in- of personal and professional ex-   terest attorney focused on civil perience to the Board. I grew up rights and employment litiga- and reside in the Central Valley, a region of great need.   ISA NOYOLA tion. He holds a J.D. from Yale Throughout my career I’ve had the opportunity to work Law School, an M.P.A. from for organizations that advocate for access to higher educa-   PEDRO RAMIREZ Harvard Kennedy School, and a tion, immigration reform, farm worker and labor rights, B.A. from Stanford University. and recently access to clean and affordable water. I believe   YOMI WRONG

2 AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA BOARD OF DIRECTORS ELECTION VOTING INFORMATION WHO CAN VOTE You cannot cast more than one vote for any candidate. That applies even if you vote for fewer than 10 candidates. If you share a joint membership with The bylaws of the ACLU of Northern California call for the “at large” direc- another member, each of you can vote for 10 candidates. Do so by using both tors to be elected by our general membership. The label affixed to this issue of the two columns provided for that purpose. of the ACLU News indicates on the top line if you are a current member and thus eligible to vote. Your label states “VOTE” if you are eligible to vote or After marking your ballot, clip it and enclose it in an envelope. Your address “INELIGIBLE” if you are not eligible to vote. label (on the reverse side of this ballot) must be included to ensure voter eligibility. If your label states that you are ineligible to vote, but you have recently renewed your membership, please send in your ballot with a note that in- ADDRESS THE ENVELOPE TO cludes your name and phone number, so we can verify your status. If you are ELECTIONS COMMITTEE ineligible because you have not renewed your membership but would like to do so at this time, please enclose your membership renewal check in the same ACLU of Northern California envelope as your ballot. (Please note that it is your membership dues payable 39 Drumm Street to the ACLU, not tax-deductible donations to the ACLU Foundation, that San Francisco, CA 94111 make you eligible to vote.) If you prefer that your ballot be confidential, put your ballot in one enve- HOW THE CANDIDATES WERE NOMINATED lope, then insert that envelope plus your address label in a second envelope and send to our Elections Committee at the address indicated above. In that As explained in the summer 2016 issue of the ACLU News, our bylaws specify case, we will separate your envelopes before we count your ballot. two methods for nominating candidates for directorships. Candidates may be nominated by the current board of directors after the board considers recom- In order for your ballot to be counted, we must receive it at the address mendations from its nominating committee. Candidates may also be nominated shown above by noon on Dec. 5, 2016. by petition bearing the signatures of at least 15 of our members in good standing. As required by our bylaws, in order to have a quorum for our election, we INSTRUCTIONS FOR VOTING need at least 100 timely returned ballots from our members. The candidates are listed in alphabetical order. We have 10 candidates running to To help you assess this year’s candidates, we’re including brief statements submit- fill 10 vacancies on our board of directors. You may vote for up to 10 candidates. ted by the candidates (see opposite page).

ACLU-NC MAILING PREFERENCES

To Our Members: While mailings—under strict privacy guidelines—form the basis of our new member acquisition program, and are key to our growth, we understand some Mailings to our members and the general public provide opportunities to describe members do not wish to receive solicitations from other groups and we gladly complicated legal and political issues in ways not possible in other media and to honor requests from our members to be removed from the process. Once you describe strategies we plan to use for future actions. They enable us to explain, in make this election, you do not need to do so again unless you wish to change detail, the benefits and provisions of the Constitution and the Bill of Rights, the your preference back. ways our rights can be protected in today’s world, and the costs of preserving those rights. We use the mail to inform people of the importance of our legal work and If you do not wish to receive materials from other organizations, please com- to solicit funds that enable us to continue our litigation, public education, and plete this coupon and send it to: legislative lobbying. ACLU Membership Department Sometimes, as part of our program to find and recruit members, we exchange or 125 Broad Street, 18th Floor rent our list of members’ names to like-minded organizations and publications. We New York, NY 10004 do this so that we will be able to send our membership letters to their lists. q I prefer not to receive materials from other organizations. Please eliminate The ACLU never makes its list available to partisan political groups or those my name from membership exchange/rental lists. whose programs are incompatible with the ACLU’s mission. Whether by ex- change or rental, the exchanges are governed by strict privacy procedures, as Member # recommended by the U.S. Privacy Study Commission. Lists are never actually given into the physical possession of the organization that has rented them or Name exchanged for them. No organization ever possesses our list and no organization Address will ever see the names of the members on our list unless an individual responds to their mailing. City, State, Zip

ACLU NEWS — FALL 2016 3 EDUCATION ROUNDUP

By Irene Rojas-Carroll

MANY CALIFORNIA Department student arrest and citation data as re- LGBTQ ADVOCATES AND quired by state law, such as how often police officers CHARTER SCHOOLS are arresting students for minor misbehavior and SCHOLARS APPLAUD NEW what demographics of students are most affected. The ILLEGALLY EXCLUDE district is also using millions of dollars in state funds INCLUSIVE HISTORY- STUDENTS designated for the benefit of English-language learners, SOCIAL SCIENCE low-income students, and foster youth to pay for police The ACLU and our partner Public Advocates released expenditures. FRAMEWORK a study in August showing that many California charter In response to an earlier public records act request In July, the California State Board of Education schools maintain exclusionary policies that are clearly by the ACLU, the district said that it generated 12,000 announced that it adopted a new History-Social Sci- illegal and have the potential to create a two-tiered sys- police “incident reports” over the last four years, but ence Framework for K-12 instruction. Among the tem of public education. refused to provide any information on the reasons for ar- many changes made to the Framework, which provides Like other public schools, it is illegal for charter rests or citations, or on the demographics of the students teachers and schools with guidelines for history-social schools to pick and choose which students to enroll. affected. As a result of our advocacy, the district released science content standards, LGBT people and their However, the review reveals that many charter schools documents showing that school po- contributions to California and U.S. history are ac- in California—at least 253, or 20 per- lice officers arrest black students at curately represented for the first time. The Framework cent of charters in California—post THESE CHARTER three times their rate of enrollment. also added information on the contributions of people enrollment policies and forms that Increased police-student contact with disabilities, financial literacy, voter education, and are illegal. SCHOOL POLICIES at schools also disproportionately histories of genocide. The study found violations includ- HAVE THE harms LGBTQ youth and students An inclusive curriculum builds stronger opportuni- ing exclusion based on academic with disabilities. ties for LGBTQ students’ academic and social success, performance, discrimination against POTENTIAL TO “The school-to-prison pipeline and facilitates learning environments where all students English learners, illegal parent/ CREATE A TWO- is pushing students out of the can thrive. For the past two years, LGBTQ youth and guardian volunteer requirements, classrooms in which they belong, advocacy organizations, joined by leading scholars of and requirements that discourage TIERED SYSTEM OF and into the criminal justice sys- LGBT history across the U.S., have worked to ensure undocumented students. The report PUBLIC EDUCATION. tem,” said Linnea Nelson, staff that the Framework is LGBT-inclusive. urges students and their families to attorney with the ACLU of North- The new Framework includes key historical figures, check their local charter schools’ poli- ern California. “Our schools should moments in the struggle for equity, and the evolution cies and advocate for changes when these be places of learning, where we address conflict through of communities and identities. It facilitates imple- policies are confusing, discouraging, or illegal. If the counseling and intervention, not over-policing and mentation of the Fair, school refuses to remedy the problems, Californians criminalization.” Accurate, Inclusive, can file complaints with the schools’ authorizers or the and Respectful county office of education where the school is located. LGBT PEOPLE Education Act of HAVE SCHOOLS DONE AND THEIR 2012 (FAIR Edu- ACLU FILES SUIT AGAINST THEIR HOMEWORK ON cation Act), which CONTRIBUTIONS STOCKTON UNIFIED FOR SEX ED? ensures that impor- TO CALIFORNIA tant contributions WITHHOLDING PUBLIC This fall marks the first back-to-school season when by LGBTQ Ameri- AND US HISTORY students will benefit from a new law, the California cans and people ARE ACCURATELY RECORDS ON STUDENT Healthy Youth Act. Abstinence-only sex education has with disabilities are ARRESTS been illegal in California for over a decade but before no longer excluded REPRESENTED the new law, important sexual health education topics from history educa- FOR THE FIRST In June, the ACLU of Northern California filed suit were slipping through the cracks in many districts. tion. TIME. against the Stockton Unified School District (SUSD) The new law mandates that schools teach compre- “California has for refusing to release public records of SUSD Police hensive sexual health education once in middle school taken yet another and then once in high school. This instruction must be step to affirm our medically accurate and focus on healthy attitudes, be- shared values of inclusivity and fairness,” said Melissa ACLUnews haviors, and relationships. Among other topics, schools Goodman, director of the ACLU of Southern Cali- THE PUBLICATION OF THE must teach about all FDA-approved methods of pre- fornia’s LGBTQ, Gender and Reproductive Justice AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA venting pregnancy, HIV, and other Sexually Transmit- Project. ted Infections (STIs); healthy decision-making; and Membership ($25 and up) includes a subscription to the ACLU News. For membership information call sexual harassment, abuse, and trafficking. Irene Rojas-Carroll is a Communications Associate (415) 621-2493 or visit www.aclunc.org Inclusive sex education helps create a healthy school at the ACLU of Northern California. climate and helps LGBTQ students thrive. With the Beverly Tucker CHAIR new law, instruction needs to affirmatively recognize Abdi Soltani EXECUTIVE DIRECTOR different sexual orientations and be inclusive of same- Candice Francis EDITOR-IN-CHIEF sex relationships. In addition, schools must teach about Gigi Pandian MANAGING EDITOR & DESIGNER gender, gender expression, gender identity, and the Jessie Seyfer PROOFREADER harm of negative gender stereotypes. The ACLU-NC is leading implementation of the law 39 Drumm Street, San Francisco, CA 94111 with resources and curricula at aclunc.org/our-work/ (415) 621-2493 | [email protected] know-your-rights/sex-education.

4 AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA THE RIGHT TO REMAIN A STUDENT: HOW CALIFORNIA SCHOOL POLICIES FAIL TO PROTECT AND SERVE ver the past two decades, police officers have increasingly dis- Oplaced school administrators as disciplinarians, responding to minor offenses that pose no direct threat to personal safety. This in- crease in student-police interactions has funneled thousands of stu- dents into the school-to-prison pipeline. The Right to Remain a Stu- dent: How California School Policies Fail to Protect and Serve is a report released by the ACLU of California in October.

The report details these consequences and describes skin and the irritant in her eyes. During the commotion, the current state of school district policies in Califor- one of the officers locked the doors to one of the school nia that pertain to police on campus. Additionally, it buildings, trapping students inside with a cloud of pep- shares model policies that both promote school safety per spray. The students were not told whether the district and protect student rights. disciplined any of the officers, and many of the officers Between four and eight police officers are permanently remained on campus after the incident. assigned to John C. Fremont High School in South Los From Cesar Chavez High School in Stockton, 2016 Angeles. Leslie M. and Carlos P. attend Fremont and graduate D’Ahjanique Smiley reports a climate of fear cre- say that it feels like going to school ated by a heavy district police pres- in prison, surrounded by armed ence. Multiple times each month, Carlos P. of Fremont High School feels guards who make students feel students are subjected to random unsafe because of the numerous police more tense and less safe. searches where police bring drug- officers assigned to his campus. This feeling only grew after po- sniffing dogs into classrooms and lice intervened in a fight between force students to turn out pockets students in June 2016. Los An- and backpacks. D’Ahjanique says But throughout his senior year, Richard faced ongoing geles School Police responded to these searches make students feel police harassment due to his appearance as a biracial the fight by discharging pepper that police are “more there to scare Latino-Filipino student who wore baggy shorts and spray indiscriminately into the sur- us than to help us and to make us tattoos. He regularly faced questioning and pat-downs rounding crowd, harming over 35 feel safe and comfortable.” when walking to class, was made to sit on the curb in students. Leslie and Carlos were This climate of intimida- handcuffs during a vehicle stop for expired tags, and there that day and reported a cha- tion was especially harmful to was finally arrested for breaking up a scuffle between otic scene. Carlos saw one student D’Ahjanique’s friend Richard.* his 15-year-old brother and another freshman boy. rush into a classroom, desperately The 17-year old had been looking Tired of the harassment, Richard decided that school trying to wash out his eyes. Leslie forward to walking across the stage wasn’t for him anymore and dropped out. saw another student screaming at graduation and going to college in pain from the red welts on her to make his grandparents proud. See additional new reports on page 11.

MOVING TOWARD EDUCATION EQUITY IN CALIFORNIA By the ACLU of California’s Education Equity Team

ixty years after Brown v. Board of Education and three years, we have been disappointed to see too many aren’t doing enough to meet the needs of low-income Sthe desegregation of our schools under law, low- school districts fall short on their legal obligation to students, English language learners, and foster youth. income students of color, especially in California, use these increased state dollars to improve services for It honors the complex challenges facing high-need continue to face gross inequities in education oppor- these high-need California students. students by monitoring how districts are faring on tunities. That’s why the ACLU of California, Public That’s why we support a promising new LCFF factors that disproportionately impact low-income stu- Advocates, and dozens of other education and civil accountability system adopted by California this month dents of color, such as suspension rates, chronic absence rights organizations supported Gov. Jerry Brown in to hold school districts accountable for meeting their from school, basic school resources, access to courses, 2013 when he signed the Local Control Funding For- obligation to better serve all students, especially high- and parent involvement in the school district. It also mula. LCFF overhauled California’s education finance need students. Unlike the old accountability system, includes a top-line “equity report” that highlights the system that in theory creates a more equitable system which narrowly focused almost entirely on test scores, performance of specific student groups such as African- of funding by distributing state dollars on the basis of the new accountability system takes a broader view of American, Latino, low-income students or foster youth student need. a student’s education experience. Every district will on these dimensions. The more low-income, foster youth, and English receive a multi-dimensional report card that provides We applaud the state for taking this critical next step in learner students a school district has, the more dol- a comprehensive data snapshot of every district’s making sure high-need students reap the benefits of the lars the district receives from the state. But in the past education program so we can identify which districts new school finance system.

ACLU NEWS — FALL 2016 5 LEGAL UPDATES By Bethany Woolman and Christine P. Sun

Victory! Preap v. Johnson Fresno Policy Punishes Tenants Northern California Senior Staff Attorney Elizabeth This August saw a huge victory for immigrants caught for 911 Calls Gill. “Our client has a right to coverage of medically in a mandatory detention dragnet, many of whom are When the Fresno City Council recently looked likely necessary treatments, just like any other Dignity Health longtime residents of the United States. In this ACLU to pass a troubling ordinance that imposed fines and employee.” class action lawsuit, a federal appeals court struck down other penalties against renters for “nuisances,” the the government’s practice of holding people in deten- ACLU-NC jumped into action. ACLU of Northern New SFPD Policy on Use of Force tion for months—with no opportunity to argue for California Staff Attorney Abre’ Conner sent multiple After several months of advocacy by the ACLU-NC their release—while they bring lawful claims against letters to the Council, raising a number of civil liber- and other civil rights and community groups, the deportation for crimes they may have committed years ties concerns. Of particular concern was the law’s defi- San Francisco Police Commission unanimously ap- ago. “By refusing people bond hearings at which they nition of “juvenile or domestic disturbances” as a nui- proved a new use of force policy for the SFPD this can argue for their release from detention, the govern- sance, which opened the door to targeting survivors of June. The policy bars the use of dangerous choke- ment unnecessarily rips immigrants away from their domestic violence. Vague and unconstitutional noise holds known as “carotid restraints,” and holds of- families, communities, and livelihoods,” said ACLU of provisions also enabled residents to target neighbors ficers to a higher, more protective standard. This is Northern California Staff Attorney Angélica Salceda. out of racial bias. “By expanding what the city can the first change to the policy governing SFPD use The ruling means that thousands of California’s immi- punish as a nuisance violation, who the city could of force in over 20 years. The ACLU-NC is keeping grants may now make an individualized case against punish, and how, this ordinance invited racial profil- an eye on implementation, and sent a letter this their detention while deportation proceedings are ing and draconian punishments on the people who September to urge the Commission to put these pending. are already hit the hardest by Fresno’s housing crisis,” new policies into effect immediately. “The prob- said Conner. Based on the ACLU’s letters, the council lems of racially biased policing and extreme use of Victory! NLG v. Hayward added a domestic violence exception. The ordinance force are systemic, and must be faced in order to This July, in a first-of-its-kind victory for police -ac passed in May, and the ACLU-NC is monitoring its be changed,” said ACLU of Northern California countability and transparency, an Alameda County effects. Senior Counsel Alan Schlosser. judge ruled that a public agency can’t charge exces- sive fees to the public to access police Stop the Sweeps! body-worn camera footage. The ACLU This June, the ACLU of Northern Califor- of Northern California sued the city of nia sent a demand letter to San Francisco Hayward and its police department for Mayor Ed Lee, requesting that the city put unlawful and excessive costs late last year. an end to the illegal “sweeps” of homeless The suit was brought on behalf of the Na- camps in which city workers and Cali- tional Lawyers Guild (NLG), after Hay- fornia Highway Patrol officers confiscate ward responded to a Public Records Act and destroy people’s belongings. “Seizing request by charging the NLG more than and destroying people’s property causes ir- $3,247 for police body camera footage of reparable damage to an already vulnerable a Black Lives Matter protest. population, particularly when it means that they lose the clothing, shelter and Santa Clara County Passes medication they need to remain healthy or Landmark Surveillance Policy the tools they may use to make a living,” In cities and counties across the na- said Michael Risher, a Senior Staff Attor- tion, it’s commonplace for local law ney at the ACLU of Northern California. enforcement to secretly adopt invasive “If anything, these sweeps are worsening, surveillance technologies like cell phone not solving, homelessness.” trackers or facial recognition cameras. But Santa Clara County is now the first county in the nation to institute ICE Agents in Fresno County consistent transparency, accountabil- Last year, the Fresno County Sheriff gave Immigration & Customs Enforcement Jail ity and oversight measures for all deci- agents access to jailed individuals, so the ACLU is working to let people know The Fresno County Sheriff launched a sions about surveillance technology. In their rights. “ICE has a long track record of abusing its power and trampling pilot program in June of last year, giving a unanimous vote this June, the Santa people’s rights,” said ACLU-NC Staff Attorney Angélica Salceda. Immigration & Customs Enforcement Clara Board of Supervisors passed a (ICE) agents unfettered access to people groundbreaking law to stop secret surveillance, sur- Robinson v. Dignity Health incarcerated in the county jail. The ACLU marked the veillance that often targets communities of color. one-year anniversary of the program by collaborat- This June, the ACLU filed a federal lawsuit against the The law, authored by Supervisor Joe Simitian, was ing with local advocates to voice objections. “Under fifth largest health care system in the U.S.—Dignity the result of more than a year of collaboration with this policy, any person in Fresno County custody can Health—for denying a transgender employee health ACLU policy experts, county officials, local residents, be questioned by ICE and deported, whether or not insurance coverage for transition-related health and a diverse coalition of community organizations. they’re charged with a crime,” said ACLU of Northern care. Plaintiff Joe Robinson is an operating nurse in “It’s unacceptable for law enforcement to hide their California Staff Attorney Angélica Salceda. “Letting a Dignity Health hospital, and although treatment practices from the public,” said Nicole Ozer, Technol- this rogue agency operate in our community without related to gender transition is medically necessary, Mr. ogy & Civil Liberties Policy Director for the ACLU any sort of transparency and accountability is a recipe Robinson was denied coverage for his transition-related of California. “When surveillance plans are brought for disaster.” With the program still currently opera- care because his employer categorically excludes all into the light, communities have the power to stop tional, the ACLU is working to gain access to the jail transition related care from its health insurance policy. invasive and discriminatory surveillance practices be- in order to distribute Know Your Rights information “This discriminatory policy is plainly illegal under both fore they start.” materials and monitor ICE interviews. Title VII and the Affordable Care Act, said ACLU of CONTINUED ON THE NEXT PAGE

6 AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA CONTINUED LEGAL UPDATES of communities of color means that the injustices of refuse—on religious grounds—to follow the law that our traffic court system hit people of color particularly requires access to contraception and abortion. Lawsuit Challenging Harmful Driver’s hard. In primarily Black and Latino communities in “This denial of care has extraordinary consequences License Suspension Policies California, driver’s license suspension rates range as for this vulnerable population,” said ACLU of North- In California, millions of people have their driver’s li- high as five times the state average. ern California Staff Attorney Jennifer Chou. “A high censes revoked for being unable to afford the exorbitant The U.S. Department of Justice recently urged lo- number of unaccompanied immigrant minors have cost of traffic citations. For someone making minimum cal courts nationwide to put an end to policies that been raped in their home countries or during their wage or living on disability payments, a simple speed- penalize people simply for being poor—including the journey to the United States, and they have an acute ing ticket can turn into ballooning debt, the loss of a practice of suspending driver’s licenses when individu- need for critical reproductive health care.” license and employment, and a dizzying drop into the als miss payments on fines without considering their A review of documents obtained in advance of the cycle of poverty. financial circumstances. lawsuit revealed the case of a young woman who be- The reality is, traffic tickets simply aren’t what they came pregnant after being raped as she traveled to the used to be. What was once a $100 violation in Califor- Lawsuit: Religious Groups Denying United States. Even though she was traumatized and nia now costs nearly $500, and the costs quickly climb Immigrant Teens Access to Medical Care had to be hospitalized for suicidal thoughts, she was into the thousands when people miss deadlines to pay When young people find themselves fleeing their home kicked out of her Catholic shelter when she later asked fees they can’t afford. countries due to abuse, torture, or violence, these asy- for an abortion. As a result, she was transferred to an- This June, the ACLU-NC, along with a coalition lum-seekers deserve to be cared for as they try to make other shelter, away from the social workers and other of legal organizations, filed a groundbreaking lawsuit a new home in the United States. shelter support staff who constituted her only support challenging Solano County’s failure to consider a per- In fact, the federal government is legally required to system in this country. son’s ability to pay prior to acting to suspend their provide unaccompanied immigrant minors—children The suit is ongoing. driver’s license for failure to pay. The coalition also and teenagers who come to the U.S. on Read more legal updates online at sent letters to 17 counties that have the same prob- their own—with basic necessities, such ASYLUM-SEEKERS www.aclunc.org/cases. lematic practices. as housing, food, and access to medical “We’re filing this suit in order to protect a fundamen- care, including family planning services DESERVE TO BE Bethany Woolman is a tal principle of our justice system—that a person should and abortion. CARED FOR AS Communications Strategist at the not be punished simply for being poor,” said ACLU-NC This summer, the ACLU filed a law- ACLU of Northern California. Legal Director Christine P. Sun. “By not taking people’s suit against the federal government THEY TRY TO MAKE Christine P. Sun is the Associate ability to pay into account, courts are hurting families, for awarding millions of dollars annu- A NEW HOME communities, and the state as a whole.” ally to organizations that fail to provide Director and the Legal-Policy IN THE UNITED There are dramatic racial and socioeconomic dis- crucial medical care to unaccompanied Director at the ACLU of Northern parities in driver’s license suspensions related to unpaid immigrant minors. The government au- STATES California. traffic fines and fees. Racial profiling and over-policing thorizes some of these organizations to

ACCESS TO PHONES CONTINUED FROM PAGE 1

Led by Mass, the ACLU of Northern California sent day in court, but ICE policies were denying even mini- a demand letter detailing the problems, then filed a mal contact with attorneys,” Mass said. class action lawsuit against ICE in 2013, charging that After several years of litigation and negotiation, ICE inadequate telephone access in detention facilities vio- agreed in June to a groundbreaking settlement that lated the immigrants’ right to a full and fair hearing will change the rules in four detention centers that under federal law and the U.S. Constitution. Immigra- hold about 1,000 immigration detainees, and possibly tion detention is civil detention, as opposed to punitive throughout the nation. incarceration in the criminal justice system. Under the agreement, detainees will be allowed to “Most immigrants who are detained make free, unmonitored phone calls during their deportation proceedings IN THE UNITED to lawyers and government agencies don’t stand a fighting chance,” said STATES, EVERYONE IS as well as private calls to relatives and Mass. “The ability to make and re- people working on their cases. ICE ENTITLED TO THEIR ceive calls is something many of us will install 40 phone booths among Even when phone access is granted, can take for granted. For my clients, DAY IN COURT, BUT ICE four facilities for privacy and will there is no privacy. the telephone system made it nearly extend the time permitted before a POLICIES ARE DENYING impossible to consult with or hire a call automatically cuts off. And the Times wrote in an editorial published in June. “ICE lawyer, contact character witnesses, EVEN MINIMAL CONTACT people calling will have the ability to should on its own initiative apply these new policies nationwide to ensure the government respects the ef- or gather evidence to support their WITH ATTORNEYS. leave messages. cases. These are essential activities for A hearing on final approval of the forts of detainees to invoke their legal rights to a fair anyone in a legal proceeding and im- settlement is scheduled for Nov. 17. hearing over their immigration status.” migration detainees need them to realize the promise of After that, ICE has one year to make the changes in the Mass also reached a settlement in the shackling case due process.” four Northern California facilities. she was working on when she discovered the phone Inadequate telephone access in immigration Mass said it should serve as a model for immigrant problem, bringing an end to the federal government’s detention facilities is an extraordinary violation of detention centers throughout the country where simi- practice of forcing detained immigrants to go through immigrants’ basic due process rights while in removal lar problems exist. The editorial board of theLos Angeles civil immigration hearings in handcuffs, leg irons, and proceedings, fighting for the opportunity to live and Times agreed. chains. work in this country. “Unfortunately, the agreement applies only to the Leslie Fulbright is a Communications Strategist at “In the United States, everyone is entitled to their four facilities named in the lawsuit,” the Los Angeles the ACLU of Northern California.

ACLU NEWS — FALL 2016 7 FOSTERING THE NEXT GENERATION OF CIVIL LIBERTIES LEADERS

By Evonne M. Silva

ne of the favorite parts of my job is working For Liliana Garcia, the ACLU-NC’s focus on the communities we serve. I readily use the legal skills and Owith law and policy graduate students. For Jes- Central Valley is a personal one, as it is for me. Born training I developed during my time at the ACLU in sica Smith, the ACLU of Northern California’s Law and raised in the Central Valley, Liliana describes the my current work as a staff attorney with California Ru- and Policy Internship Program launched her work as experience of working at the ACLU-NC as “indispens- ral Legal Assistance, Inc. a civil rights lawyer. She considers her participation in able” to her growth and training as a lawyer. the program as a hugely impactful moment in her legal Our commitment to students extends beyond the JESSICA SMITH training and career. internship. Students stay connected to each other and Jessica is one of 45 law and policy graduate students to the organization through the ACLU-NC’s Law and SUMMER 2015 CLASS selected to work with the ACLU-NC for a semester Policy Alumni Network. The ACLU-NC established My time at the ACLU-NC left the greatest impression or summer as part of the redesigned Law & Policy the network to foster the professional and collective on my vision for how I do civil rights work. The experi- Internship Program launched in August 2014. By leadership and activism of our alumni by providing a ence provided a first glimpse into how lawyers combat investing to strengthen the program, the ACLU-NC way to stay involved in the organization, to tap into systemic issues, working with a group of individuals to deepened its commitment to train the next generation professional development opportunities, and to join a change the laws affecting them. This is something that of civil rights and civil liberties lawyers and policy community of leaders across the country who share the Howard Law School emphasizes with stories of Justice leaders. experience of working at the ACLU-NC. Thurgood Marshall, Our Law and Policy interns come from across the For Jessica, her summer at the ACLU-NC has come and I got to witness country, bringing their diverse experiences and per- full circle to realizing her dream of working as a staff firsthand through spectives, intellectual curiosity and rigor to join us in attorney at the ACLU of Nevada. Below, Jessica, along my internship. I con- pursuing cutting-edge litigation and policy advocacy. with Liz and Liliana, share more about the impact of tinue to lean on what Students become active participants in our work, gain- the Law & Policy Internship Program on their lives. I learned during my ing skills and an opportunity to view and contribute to internship, particu- the messy business of securing fairness, equality, and LILIANA GARCIA larly the power and justice for all. craft of legal writing, Elizabeth “Liz” Toledo found this particularly true. SPRING 2016 CLASS in law school and She helped to advance the mission of the ACLU-NC I was most inspired now as a staff attor- through her work on a lawsuit to protect the First by the confidence ney at the ACLU of Amendment rights of a high school student and devel- that the staff had in Nevada. oping public education materials, while participating in my abilities, which legal advocacy campaigns with partner organizations. made me more deter- And what’s summer without a road trip? The Sum- mined to do my very ELIZABETH “LIZ” TOLEDO mer 2016 class joined the second annual tour of the best work. Through San Joaquin Valley, which I organized with ACLU-NC the ACLU-NC’s Law FALL 2015 CLASS attorney Jennifer Chou, who is based in our Central & Policy Internship I am inspired by the way ACLU-NC staff work col- Valley office. The tour contextualizes the ACLU-NC’s Program, I had an laboratively through litigation, policy, development, expanding work across the region, and students witness opportunity to see and community activism to achieve a shared vision and the efforts of individuals and communities working my work help lift advance the mission of the organization. I believe this towards justice. up the voices of the type of collaboration creates lasting change, and it informed my understanding of lawyering that seeks to advance broader issues. My experience also provided me with critical insight on the practice of law, which further contextual- ized of what I learned in the classroom.

These interviews were conducted by Evonne M. Silva, the Legal-Policy Department Manager and Attorney at the ACLU of Northern California.

Summer 2016 Law & Policy interns and ACLU-NC staff at ACT for Women and Girls in Visalia as part of the second annual tour of California’s San Joaquin Valley.

8 AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA DONOR PERSPECTIVE

Cynthia Chen has been a contributor to the immigrants who want to stay in this country and ACLU of Northern California since 2011. She students with no supportive adults in their lives. I recently shared some of her life experiences and felt alienated as an immigrant teen myself. I felt I perspectives about the ACLU with Ruth Herring, must do something to help. I was part of a group a member of our development team. of volunteers, and with imagination and creative came to the United States from Hong Kong in effort we were able to raise three times more than I1978. When I got to high school in America I expected to help these kids. That was joy. We never took American History classes seriously. About knew every dollar counted. A few months later, we six years ago I met Abdi, but I didn’t understand received letters from several of these Dreamer kids... what the ACLU does. So I looked it up on the web, Some said they had never had a mattress in their and then I realized, “Oh, that’s what the U.S. history lives until they came to America. lessons were all about.” The Bill of Rights is at the The right to this life in America has to be pro- center of all this—and it concerns my family and tected. It’s not just about getting legal immigration me. The ACLU is expert in the Bill of Rights. status and citizenship. Then what? That’s where I As a citizen, as a person, I’ve always been con- feel the ACLU is such a powerful and worthwhile cerned about different issues, especially the rights of organization to support. I want to help uphold the women, access to reproductive health, and LGBT availability of opportunities for all people who have issues. I had many gay and lesbian friends growing dreams and aspirations. Opportunities can only up and I am still close to them, and my daughter exist because many of our rights are protected by was active in fighting Proposition 8. But how many a system of pushing back and forth. Democracy is issues can you tackle as an individual by joining noisy and messy, and I have come to appreciate this different organizations? I had to make a living and noisy mess because the underlying mechanism has proven itself. raise a family. I finally realized I needed a central “I WANT TO HELP UPHOLD THE station to go to. I came to admire and trust Abdi America’s democracy continues to thrive while AVAILABILITY OF OPPORTUNITIES and the team, and I am inspired by their strategic others failed. What is the difference? In my opin- legal work on issues I care deeply about. When FOR ALL PEOPLE WHO HAVE DREAMS ion, the ACLU keeps the nation’s foundation—the Constitution—intact. I see the ACLU as a beloved people ask me why I support the ACLU, the first AND ASPIRATIONS.” thing I say is, “I like the people there.” big, beautiful elephant, which elegantly walks with steady, firm, and purposeful strides. I look forward I’m also involved in helping some college –CYNTHIA CHEN students at UC Santa Cruz: undocumented to helping to keep the elephant healthy.

CORI STELL BECOMES CANDICE FRANCIS DIRECTOR OF NAMED DIRECTOR OF YEAR-END GIVING DEVELOPMENT COMMUNICATIONS

Cori Stell has been a Prior to joining the ACLU of Northern California as the member of our Devel- communications director, Candice was the communica- opment Department tions director at the Lawyers’ Committee for Civil Rights The ACLU of Northern for over a decade, serv- of the San Francisco Bay Area (LCCR). At the ACLU- ing as deputy director NC, she’s working to ensure top-notch strategic com- California is supported by of development since munications to advance and amplify our legal and policy passionate individuals whose 2010. She will assume advocacy goals. “I am emboldened by the force and her new post as direc- quality of the work being done at the ACLU of North- donations help us protect civil tor of Development ern California even liberties in Northern California this fall. Cori shared, at a time when pen- and across the country. “I wish Cheri Bryant etrating the din that � didn’t have to retire to masquerades as news allow me this exciting Candice pic to follow and information can opportunity. I am honored to continue to steward the be very demanding. TO LEARN MORE ABOUT HOW amazing program she developed. I look forward to con- Challenging injustice tinuing to nurture and expand the partnerships between and inequity is our YOU CAN GIVE, PLEASE VISIT the ACLU and our dedicated community of supporters goal. Highlighting the to advance civil liberties.” difference we make in WWW.ACLUNC.ORG/ the lives of everyday people is our mission.” DONATE

ACLU NEWS — FALL 2016 9 LEGISLATIVE ROUNDUP FROM THE ACLU OF CALIFORNIA CENTER FOR ADVOCACY & POLICY By Natasha Minsker

very year, the ACLU of California reviews every state bill introduced and works on hundreds to Eprotect civil liberties. We also sponsor several bills that we have identified as vehicles to advance and protect the rights of every Californian. This year, we had great success. OUR GREATEST discovered evidence that could potentially prove their in- nocence. California previously had an unreasonably high ACCOMPLISHMENTS standard to prove innocence based on new evidence. California now has some of the strongest protections against policing California leads in upholding due for profit in the country process and limiting ICE abuses For years, Immigration and Customs Enforcement Working with a broad coalition of racial justice, immi- (ICE) has deployed harmful tactics at the local, state grants’ rights, labor, and civil libertarian organizations, and federal level to funnel as many immigrants as pos- we sponsored and passed SB 443, a bill to rein in civil sible through their inhumane and out-of-control de- asset forfeiture abuse. portation machine. For years, California police have used federal law to California’s TRUTH Act (AB 2792) puts vital know- take and keep a share of someone’s money or property your-rights information in the hands of immigrant without convicting, charging, or even arresting that community members held in local jails and in ICE’s person for a crime. This tipped the scales of justice in cross-hairs. The law will guarantee the “right to know” favor of profits, not fairness. if ICE is targeting community members in jails, and With SB 443, unless someone is convicted of a crime, the “right to say no” to abusive interrogation requests police can’t use federal law to get a cut of any property where deportation agents coerce, intimidate, and vio- they take, like homes, land, cars, etc. The same require- late immigrants’ fundamental rights. ment applies for cases involving less than $40,000 in STACY ANTONOPOULOS STACY cash. By curbing the financial incentive to “police for These bills go into effect January 1, 2017. profit,” the law will ensure that people’s personal prop- Natasha Minsker erty and cash are no longer up for grabs. OTHER SUCCESS THIS YEAR pressure from law enforcement lobbyists. We will be As other states enacted discriminatory back in 2017 to try again. The expansion of police secrecy was voting laws, California bucks the trend prevented See page 12 for more highlights of bills signed by Depriving people of the right to vote after a criminal This year, we worked with our allies at the California the governor. conviction was a hallmark of the notorious Jim Crow Newspaper Association to ensure that a radical and un- period: the intent was to strip Black people of their po- Natasha Minsker is Director of the ACLU of precedented proposal didn’t shroud important public litical power. Unfortunately, this practice persists today California’s Center for Advocacy & Policy. records in secrecy. throughout the country. AB 2611 went too far in the direction of excessive AB 2466 puts California on the right side of his- government secrecy and created unjustified exemptions tory and ensures that those who are eligible to vote to the California Public Records Act for law enforce- can. After a decade of litigation and advocacy, this law ment agencies. Fortunately, the bill didn’t make it to clarifies, once and for all, that only people serving a Gov. Brown’s desk. JOIN US state prison sentence or on parole temporarily lose the right to vote. FOR THE ACLU OF NORTHERN As other states pass a variety of voter suppression laws OUR GREATEST CALIFORNIA’S that negatively impact people of color and the poor, DISAPPOINTMENT this law creates a more inclusive and robust democracy. BILL OF RIGHTS DAY Police misconduct records will remain CELEBRATION California is making it easier to reverse a secret wrongful convictions As the Bay Area has been rocked by a recent sex scandal SUNDAY, DEC. 11, 2016 2015 set a record for the number of exonerations that involving several law enforcement agencies, California took place throughout the country, is still one of the most secretive Honoring Judge LaDoris Cordell states when it comes to making with 149 people having been BY CURBING THE (Ret.) & Patti Kouba police misconduct records public. exonerated so far. Fortunately, Impact Hub, 2323 Broadway, FINANCIAL INCENTIVE To the extent that officers are California took a proactive step Oakland to safeguard against making these TO “POLICE FOR abusing their power, the public harmful injustices permanent has every right to know the full To register online, visit ones. PROFIT,” THE LAW WILL findings of investigations into www.aclunc.org/bord Under SB 1134, someone who ENSURE THAT PEOPLE’S their wrongdoing. Senate Bill For more information, contact is wrongfully convicted would 1286 would have lifted this veil of Steven Medeiros at PERSONAL PROPERTY actually stand a fighting chance at police secrecy, but the California [email protected] or getting a new hearing (or maybe AND CASH ARE NO Legislature failed to let the mea- 415.621.2493 x386 sure move forward under intense even a new trial) based on newly LONGER UP FOR GRABS.

1010 AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA I TRAVELED AROUND CALIFORNIA WITH HOMELESS RIGHTS ACTIVISTS & LEARNED REAL SOLUTIONS By Tessa D’Arcangelew s a student at Humboldt State University, Alicia people’s already difficult lives that much harder, all but Aknew her life amongst the Redwoods would be very ensuring they continue living on the street. different from Orange County where she grew up. But For example, in Chico, less than 2 percent of all housing she didn’t expect a shortage of student housing. What’s is vacant and available for rent. Student housing built by more, because her parents are undocumented, she didn’t Chico State University counts towards the city’s affordable have an adult with credit who could co-sign rent applica- housing obligations, giving students a place to live, but tions and so she was denied. Alicia ended up homeless. doing nothing for people with a marginal income. Rather

Alicia is not alone. Humboldt State University has than helping the homeless, City Councilmember Tami MIKE RHODES a high number of homeless students, predominantly Ritter explained, “Chico passed an ordinance to criminal- students of color. Overall, 3 percent of the population ize acts of living. If someone has no alternative place to Chico homeless service providers Brad Montgomery and Laura Cootsona, Central Valley Organizer Pam of Humboldt County is homeless, compared with the use a restroom, for example, they shouldn’t be cited for Whalen, and Chico City Councilmember Tami Ritter, 1percent national average. doing what they need to do to live. As a council, we are are surrounded by Chico residents and CSU students. It is easy to blame federal economic policies for the failing people without homes.” housing crises. In his book, Dispatches from the War Local policies such as sit-lie ordinances, laws that make someone a bus ticket to reconnect with family; start or dis- Zone, author and community activist Mike Rhodes de- it illegal to sleep in your car, stringent application pro- tribute a local newspaper that lets homeless people tell their tails these cause-and-effect policies, cesses for high-demand housing, or own stories; provide them information about their rights; such as a drastic 77 percent cut in “HOMELESS PEOPLE building codes that deter affordable engage city councils to undo sit-lie and other criminalizing affordable housing funding begin- housing or authorized camping on ARE CRIMINALIZED ordinances; re-code unused land for alternative living cen- ning in 1980. But these policies private property, collectively result in ters; or, bring your elected officials to meet the homeless and the resulting homelessness in TO THE EXTENT THAT criminalization of homeless people. THEY CAN’T EVEN and witness creative community-led projects. our communities is made worse, They not only don’t have a place to Chico service provider Brad Montgomery said it best: “If EXIST, CAN’T JUST BE not better, by local lawmakers more sleep or use the restroom, but ulti- there’s a particular intervention program that interests you, concerned with hiding people liv- HUMANS, WITHOUT mately, as Redding Social Worker learn more about it and get involved. They are all worth- ing on the streets than providing BREAKING THE LAW.” Teri Zani says, “can’t even exist, can’t while and none of them have enough help.” stable housing and social services. just be humans, without breaking Mike Rhodes was involved in –REDDING SOCIAL the law.” If that’s not bad enough, Tessa D’Arcangelew is the Organizer & Leadership Develop- Kincaid vs. City of Fresno, a class-ac- WORKER TERI ZANI in Redding multiple anti-homeless ment Manager at the ACLU of Northern California. tion lawsuit brought by the home- vigilante groups have developed. less, the ACLU-NC, Lawyers’ Com- One group goes around town seizing JOIN US FOR THE ACLU-NC’S mittee for Civil Rights of the San Francisco Bay Area, and the property of homeless people, and claims their acts are ANNUAL CHAPTER CELEBRATION the law firm of Heller Ehrman LLP. The lawsuit resulted sanctioned by local law enforcement. & ELECTION EVENT’S in a $1.5 million settlement when a judge determined the We live in a time of great economic injustice in our coun- city acted unconstitutionally by seizing and immediately try. While the constitution doesn’t expressly name homeless Monday, January 16-27, 2017 destroying people’s property over several years. people, it is clear that government policies create or contrib- Learn more at: Over a two-week period, Mike and I traveled to differ- ute to homelessness. The ACLU of Northern California will www.aclunc.org/chapterelections ent cities throughout California to discuss his advocacy continue to work to stop these policies and to protect the Please note: some chapters have not in Fresno and hear from local community activists and civil liberties of people who are homeless, who face dispro- finalized their event details. Please check service providers in events organized by local ACLU-NC portionate infringement of their rights. The homeless need back periodically for updated details. Chapters in Humboldt, Redding, Chico, Monterey and our help, and they need the help of their neighbors. Santa Cruz. While other California cities might not have In traveling to Eureka, Redding, Chico and Monterey, I For more information, contact Steven Medeiros at [email protected] or a policy like the one in Fresno, the policies and practices learned that there is no single solution that will solve home- 415.621.2493 x386 cities have adopted result in the same outcome: they make lessness. But there are things we can all do, such as: buy NEW REPORTS FROM THE ACLU OF CALIFORNIA

DISCHARGED, THEN DISCARDED: HOW U.S. VETERANS ARE CIVIL ASSET FORFEITURE: BANISHED BY THE COUNTRY THEY SWORE TO PROTECT PROFITING FROM CALIFORNIA’S MOST VULNERABLE The federal government’s failure to help naturalized immigrants serving in the U.S. Under federal asset forfeiture laws, the government can legally and permanently forfeit military has led to the deportation of untold numbers of veterans, all of whom were a person’s property and money without charging the person with a crime, or seeking entitled to become citizens because of their service, according to a report released by a conviction. the ACLU of California. The ACLU of California recently released a policy brief, Civil Asset Forfeiture: A new ACLU of California report, Discharged, Then Discarded, found that de- Profiting from California’s Most Vulnerable, examining civil asset forfeiture abuse by ported veterans were in the U.S. legally and California law enforcement agencies, a practice that greatly impacts communities of sustained physical wounds and emotional DEPORTING color and low-income Californians. trauma in conflicts as far back as the war in VETERANS IS TRAGIC, California laws offer stronger protections, but state and local law enforcement Vietnam. Once they returned from service, agencies can circumvent them and operate under federal law by using the federal however, they were subject to draconian DISGRACEFUL EXAMPLE government’s “equitable sharing” program. Under this program, California police immigration laws that reclassified many OF OUR BROKEN can take and keep 80 percent of the profits from seizures, thus providing agencies minor offenses as deportable crimes, and IMMIGRATION SYSTEM. with a financial incentive to use federal law instead of state law. were effectively banished from this country.

ACLU NEWS — FALL 2016 11 LETTER FROM THE EXECUTIVE DIRECTOR

Dear Friends, The California Legislature recently read an article about “election stress dis- While much of the focus is on the presidential I order.” And by all accounts, from seeing many race, we are also attentive to the makeup of the ACLU people this fall, it seems many of us are suffer- California legislature. We have many champions in ing from it. There are a lot of political lawn signs in the legislature, but two of the strongest are termed my neighborhood. My favorite reads “Giant Meteor out this year. We are grateful to Sen. Mark Leno of 2016: Just End It Already.” I couldn’t agree more. San Francisco and Sen. Loni Hancock of Berkeley But that prompts an important question: What’s on for their years of leadership advancing civil liber- the other side of this election? ties in the legislature. They have often taken on Here are three things I am thinking about. some of the most difficult issues, and done so in a manner that is thoughtful and persistent. The Supreme Court Let me also close by thanking another cham- Ted Cruz and I see certain things eye-to-eye. pion for civil liberties—our very own Cheri Speaking about the U.S. Supreme Court vacancy, Bryant. After 26 years leading our development he said in February 2016: “Our very Bill of Rights program, Cheri is retiring this month. We are hangs in the balance. We are one vote away from a grateful to Cheri for all she has done to advance radical 5-4 majority.” I couldn’t agree more. For the our mission and for her role as the partner and past 40 years, ACLU lawyers have taken a cautious steward of our members and donors and your approach with federal litigation, not bringing cases GIGI PANDIAN generous support. that if we lose would make “bad law.” A different Abdi Soltani Supreme Court majority could open doors for us to bring the cases we have wanted to bring, as well as the repeal measure Prop 62 which we have endorsed), reverse precedents that took away people’s rights. we will have a big job on our hands to keep execu- tions from resuming in California. The outcome on Criminal Justice Reform marijuana legalization (Prop 64) and the Governor’s Abdi Soltani One of the ACLU’s top priorities nationwide is re- parole and juvenile justice reform measure (Prop 57) Executive Director forming our criminal justice system. While the Presi- which the ACLU endorses, will also present new ACLU of Northern California dent can advance this cause at the federal level, the possibilities to implement those measures but also to bulk of criminal justice issues are decided at the state advance additional reforms. Keep an eye out also for level. We are working very hard to defeat Proposition who follows Kamala Harris as attorney general if she 66, but if it passes (or passes with more votes than wins her Senate race.

GOV. BROWN SIGNS KEY ACLU OF CALIFORNIA BILLS

 SIGNED SB 443: Asset Forfeiture  Signed AB 813: Post-Conviction Relief This law will help rein in policing for profit by This law will allow innocent people and immigrants requiring a criminal conviction in a majority of state facing deportation to challenge legally invalid asset forfeiture cases. convictions even if they are no longer in custody.

 Signed SB 881: Suspended Licenses  Signed AB 2792: TRUTH Act This law will help people who have their license This law will give immigrants detained in local jails suspended because they can’t afford to pay a traffic vital know-your-rights information. ticket to get their license back under Gov. Brown’s amnesty program.  Signed AB 2466: Voting Rights This law will clarify that only people serving a  Signed SB 1134: Innocence Standard state prison sentence or who are on parole can This law will create a fairer standard to help the temporarily lose the right to vote. wrongfully convicted prove their innocence.  Signed AB 350: Voting Districts  Signed SB 1389: False Confessions This law will provide the public more opportunities This law will require that police electronically record for input when new voting districts are drawn by interrogations of anyone suspected of homicide in a local government transitioning from at-large to order to safeguard against false confessions and district-based elections. wrongful convictions. See page 10 for more details on these bills and more.

12 AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA