Issue: June 2009

civil liberties of all people in thro l rights and ugh litiga d the civi tion, e d exten ducat fend an ion a otect, de nd a do is to pr dvo U of Colora cac The mission of the ACL y. Where There’s a Way For a Will ACLU You don’t always have to make headlines Governor Ritter is pictured here signing to make a difference. Revisions to estate HB 1260 in early April. He’s flanked by of Colorado planning laws don’t jump off the page in the several advocates for equality, including ACLU Foundation same way that repealing the death penalty GLBT Center Legal Director Mindy Barton; of Colorado or unconstitutional DNA databases do. former State Senator and 400 Corona Street When it comes to improving real people’s former ACLU lobbyist Pat Steadman , CO 80218 lives in a meaningful way, however, it’s (see page 4 for the story of Pat’s new (303) 777-5482 hard to beat cutting costs and red tape job). This event was an important step www.aclu-co.org at the same time. HB 1260 makes it easy forward for all Coloradans, particularly for any two Coloradans to plan for end- the GLBT community whose members of-life decisions, inheritance, and medical are constitutionally prevented from emergencies–issues that are taken for marriage. Good work Colorado! CONTENTS granted by married couples. The laws Overall, it was a mixed year at the permitting this are known as designated Teaching Liberty Capitol. As with almost every other beneficiary agreements. Instead of complex 3 facet of life in this country, the legal documents and the hefty legal fees struggling economy created an ACLURLZ? required to write them, all that’s needed to anxiety-filled forecast for 2009. 4 name one’s beneficiary is to simply fill out a As our lobbyist Pat Steadman form at the County Clerk’s office and pay a Know Your Rights warned us at the start of the small fee, no lawyers or marriage certificate 6 in Action session, when the budget is needed. This holds true for any two people, tight legislators often turn Young Professionals: be they a same-sex couple, an unmarried to civil liberties issues in 7 From Denver to Gitmo straight couple, or even a senior citizen and search of headlines. a neighbor-turned-caretaker. Liberty Run Is Back! Continued on page 5… 8

Calendar: Dear Friends, Saturday, July 4, Liberty Run, 2009 has been a year of transitions for the 8:00 am, Washington Park, Denver. ACLU. Even the strongest institutions have not The Liberty Run is Back! See page 8 gone unscathed in this economic storm, and for details. the impact is also being felt by the ACLU, both nationally and here in Colorado. Nevertheless, with Wednesday, July 15, ACLU the support of members like you, we are well-prepared Denver Young to meet the challenge. Professionals, 6:00 pm, Alamo Placitas Park, 3rd & One of the most effective ways we have to reduce costs while maintaining Ogden. Trading in the gallery effectiveness is by sharing resources and joining forces with other groups. We’re for the grass, the Young partnering with more organizations, schools and businesses than ever before. From Professionals break out the student projects to corporate sponsorship, we’re finding ways to do our work as grill for a BBQ in the park. efficiently as possible. Tuesday, August 11, ACLU Here are just a few of our current partnerships. We were one of only three non-profits Brown Bag Lunch: De- to be selected as clients of the Graphic Design program at the Colorado Art Institute. As fending Detainees, a result we now have a team of five design students creating an interactive web game 12:00 pm, ACLU office. based upon our high school Know Your Rights handbook, transforming our instructional Join us for our bimonthly scenarios into a virtual quiz game designed to teach teens about their constitutional rights series of FREE civil liber- in the classroom. ties luncheons. Two local attorneys will discuss Glad to see the return of the Fourth of July Liberty Run? You can thank BKB Limited, our long- their representation of time race management company. Owner Creigh Kelley proposed an innovative partnership Guantanamo detainees. strategy to allow us to save the race, even in the face of this year’s tight budget. Wednesday, Another regular partner, Denver Open Media, offers their TV studio to host and broadcast September 15, ACLU some of our Young Professionals events live on Denver’s Channel 57, giving our outreach Denver Young efforts a much broader audience, as well as a permanent web archive. These are just a few Professionals, 6:00 of the institutions currently donating their services. If you know of an organization, school or pm, The Other Side business that might make a good ACLU partner, please let us know. Arts Gallery, 1644 Platte Street, Denver. Another hallmark of efficiency is preventing civil liberty problems before they start. That’s Murals, Graffiti, & Free why we do so much work with the legislature, killing bad bills before they become bad Speech. A discussion of laws. Most of this year’s media attention focused on HB 1274, the bill to repeal the death art in public and private penalty. Ultimately, the effort came up a single vote short, but even in defeat the campaign places, hosted by the generated considerable drama and debate–publicity which will make the next attempt gallery that had two of its that much easier. No waiting is necessary to celebrate many other civil liberties victories, murals painted over by including advances in LGBT equality, and successful defenses of voting rights and the the Denver Police rights of immigrants. You can read about these and many more in our cover article. Department. Whether we’re at the legislature, in the courtroom, or visiting a school, we are always Saturday, October 17, aware that we represent our members. The work we do is only possible because of Carle Whitehead your support, and thus we hold our efforts to the highest standards. In these pages you Memorial Dinner & will see the results of your past generosity. Just imagine what we can do together as Silent Auction, 6:00 pm we move forward. Help us renew Colorado and our country today. City Center Marriott, Denver. Honoring Colorado 1st District Cathryn, Representative Diana DeGette.

Featured Speaker: Wisconsin 2nd Cathryn L. Hazouri District Representative Tammy Baldwin. See page 3 for details. Executive Director 2 It’s Never Too Early engaging, fun, and Congress Comes informative. The students To Teach Liberty like the interactions that To Colorado they have with you so much, This April, the ACLU staff, along with Hogan Saturday, October 17, Carle that they ask weekly if you and Hartson attorneys and ACLU volunteers, Whitehead Memorial Dinner completed another year of the Cheltenham are coming this Wednesday. & Silent Auction, 6:00 pm Elementary Civil Liberties Education As a teacher, I know that having City Center Marriott, Denver. Program. Visiting for twelve one-hour positive adult role models is Join us for our annual gala sessions over the course of the school year, critical in the healthy development dinner. This year we honor the volunteers taught three classrooms of of the “whole child.” We teachers Representative Diana fifth grade students about the three branches greatly appreciate the time, energy, DeGette. Since her election of government, the Bill of Rights, the civil and positive role modeling that the in 1997, Rep. DeGette rights movement, and the voting process. volunteers offer our kids. Thank you has been an unwavering so much for your willingness to make a supporter of civil rights and Many of Cheltenham’s students come difference in a child’s life. You matter to civil liberties. In addition from low-income or minority populations, us and our kids!” to her long-time advocacy making it that much more likely that some of for women’s health and them will face violations of their civil rights Often during the course of the program reproductive rights, she or civil liberties as they grow older. The the students became thoroughly engrossed has tirelessly championed students responded well to the variety of in the topics, asking questions beyond the stem cell research. curriculum, showing a real interest in the activities ranging from groups inventing and The evening’s featured then voting on their own ballot initiatives, subjects and surprising the volunteers with their own knowledge and perspectives. speaker will be watching videos, reading the quirky House Representative Mouse, Senate Mouse children’s books, and The volunteers and kids alike have a great time. Attorney Seaton Thedinger, Tammy Baldwin, competing for cookies with other students in from Wisconsin’s 2nd who coordinates the Hogan & Hartson group quizzes. In the end, even the teachers District. Rep. Baldwin volunteers said, “The Bill of Rights program (not to mention the volunteers) came away sits on House Judiciary gives us the opportunity to get out of the with some new knowledge about civil rights Subcommittee for the and how our government works. office and give back to our community. Constitution, Civil Rights Teaching the students about their individual and Civil Liberties. As the Teacher Shelagh Switzer shared her rights and the fundamental principles on first woman to represent thoughts on the program: “We love the which our country was founded is a highly Wisconsin in the House partnership that we have developed with rewarding experience.” and the first non-incumbent, Hogan and Hartson and the ACLU! Many openly gay person to people view government studies as dry Contact Alison May at amay@aclu- co.org if you would like to join us at be elected to Congress, and boring, yet the lessons you teach are Rep. Baldwin has never Cheltenham for the let discrimination hold her 2009-2010 school back, whether in her own year. Thank you to career or while fighting for the all the volunteers Employment Non-Discrimination who were able to Act, same-sex partner health make this program benefits, or voting rights. possible, and we look forward to Interested in volunteering, seeing you in attending or otherwise supporting the fall. the Whitehead dinner? Contact Tilman Adair, tadair@aclu-co. org or 303.777.5482 x109. To donate items for our Silent Auction, contact Caryn Osterman, costerman@ aclu-co.org or 303.777.5482 x105. The ACLU’s Lauren Frinkman (near) and Hogan & Hartson attorney Jenny McClister (far) with their 5th grade groups 3 Anyone Know a ACLURLZ? “NOCRAP” was in, but “CRAP” was out. “TOOSEXY” was banned, but “2SEXY” was Good Lobbyist? Between fighting to repeal just fine. “TOPLE55” – out, “TOPLESS” – in. the death penalty, represent- For the past five years, Pat Steadman When word of our interest in vanity plates ing the wrongfully arrested has ably represented the ACLU reached State Senator Greg Brophy, and suing on behalf of prison- of Colorado at the Capitol. He who represents the eastern plains, he did ers subjected to inexcusable shepherded many of our biggest not share our concern over censorship. abuse, we deal with pretty serious successes through the House and However, he suggested two plates that topics. Every once in a while, how- Senate while at the same time we’re quite sure the Colorado DMV would ever, we come across a civil liberties doing his best to ensure that not permit: “ACLUSUX” and “FUACLU”. the worst bills never made issue that makes us smile. Executive Director Cathy Hazouri kindly it out of committee. Privacy It all started when dedicated vegan replied that if Sen. Brophy would like to issues, reproductive rights, Kelly Lee-Coffman wanted to express challenge the censorship of his preferred immigrant rights, LGBT rights, her joy for soy by displaying ILVTOFU access to elections, free plates in court, we’d be glad to take his speech concerns, whatever on her license plate. Despite her case! We’re still waiting for an answer. the subject, Pat found willingness to pay an extra $50, plus an In the meantime, the exchange has been sympathetic legislators additional annual fee, the Colorado DMV covered nationwide, including the Rachel to carry bills, convinced rejected her application. Officials denied Maddow Show and the LA Times. skeptical lawmakers to the plate on the grounds that some less- listen to our arguments, than-vegetable-minded observers might and even gamely tried read “I LV TO F-U”, which would violate to find common ground the department’s propriety standard, with our most knee- which bans anything deemed to be jerk opponents. Some “offensive to good taste and decency.” landmark bills, such as the Employment Upon learning that anonymous DMV Non-Discrimination censors wielded ultimate power in Act (vetoed in determining the definition of “good 2005 and 2006), taste,” we started to wonder, “What took years to finally else had they banned?” Our first open become law. Others, records request produced a complete such as legislation list of rejected plates. Most were obvious to repeal the death variations on George Carlin’s seven But beyond the quips and editorials, at issue penalty, still haven’t words you can’t say on television, though here is the government’s role in subjectively succeeded. Pat worked Colorado DMV censors had expanded that deciding what is and what is not allowed. tirelessly on them all. list to at least a couple dozen. Some, like In addition to the silly and arbitrary, there “2MFENAD” were simply inscrutable (if He will continue to do are some clear examples of political speech so, just not as a lobbyist. that’s naughty, we’re not clever enough to being banned, such as “BADUSA”. Vanity Upon hearing that it figure out). plates may only have a marginal role in our daily lives, but they are nonetheless a facet The censorship made even less sense of public speech bound by the Constitution. once we compared the banned plates to the list of nearly 50,000 approved Find out more about this issue by going plates. We may not be the most to our website and clicking on the license qualified experts on decency, plate. You’ll find a list of banned plates, but we still can’t figure out why an explanation of the background, and “GEEK” was censored and our very own web game which will let you “NERD” was allowed. Or why match your censorship skills against the DMV.

Pat Steadman 4 Senator Jennifer Veiga would resign Continued from page 1… file charges before her Senate District 31 seat at the end of adding the sample to the Ultimately, though, the session was not as the session, Pat decided to run for the database is an vacancy committee election himself. His bad as we feared. improvement, but the law still years of experience and knowledge We came closer than ever this year to violates the Constitution. apparently paid off, as he informed abolishing the death penalty in Colorado. Thankfully, the bill included a us the day after his victory that Rep. Paul Weissman made another delayed implementation, he would soon be Senator attempt to repeal the death penalty and meaning we have until October of Steadman. Because of his use the savings to increase funding for the 2010 before law enforcement personal commitment to these state’s “cold case” unit. It advanced farther actually begins collecting DNA from issues we know he will keep than ever this time, passing by just one the accused. fighting for these ideals. We vote in the House, thanks to the leadership wish him the best, but we’ll There is other good news, however. certainly miss him as a direct and courage of the San Luis Valley’s This year we helped kill the same advocate for the ACLU. Representative Ed Vigil. The bill also cluster of anti-voting and anti-immigration survived a clumsy eleventh hour gutting that bills we see every year, including would have allowed legislators to avoid bills requiring photo ID and proof of Mike Farrell having to vote on this controversial issue. citizenship to vote, and photo ID to pick up Eventually, the original bill was debated by Last June, the ACLU a prescription. None of these ever made the full Senate where it was defeated, again and the Tattered Cover it out of its first committee.Senator Ted by a single vote. It was a genuine nail-biter, bookstore cosponsored Harvey also failed to sneak through an Mike Farrell’s as many legislators refused to reveal their amendment to HB 1163, which would have Denver leg of his 8,882- position until the final moment. And while the restricted children’s access to an overly mile, twenty-five-city loss is disappointing, the tremendous media broad definition of sexually explicit material. book tour promoting coverage will keep the debate alive. The amendment was Senator Harvey’s the publication of the SB 170 would have permitted students, attempt to pass his pet legislation, which we paperback edition of regardless of immigration status, to qualify beat soundly last year. his memoir, Just Call for in-state tuition if they had attended high Me Mike: A Journey On the equality front, we saw the passage school in Colorado. While several other to Actor and Activist. of two key GLBT bills: In addition to HB states have already passed this bill, the 1260, SB 88 will finally make domestic Farrell, actor (MASH, did not. Nevertheless, partners eligible for the health benefits of Providence), writer, thanks for everyone’s hard work. Your state employees. With its passage, Colo- author and activist is emails and phone calls were heard, and rado becomes one the most GLBT-friend- the president of Death we’ll be ready for next year. ly states in the West, despite the “Defini- Penalty Focus, one of the largest non-profit advocacy Most concerning of all was the passage of tion of Marriage” amendment currently organizations in the nation SB 241. Anyone charged with a felony in tarnishing the state constitution. We dedicated to the abolition of Colorado will now have his or her DNA also saw small advances in juvenile capital punishment. He also added to a database that until now only in- justice, including HB 1321 which al- has participated in numerous cluded records of convicted felons. This lows juveniles to contest being held human rights and peace means that the presumption of innocence in adult jail and HB 1122 which delegations around the world. until proven guilty has been abandoned for raises the age limit to qualify for a database of everyone the government our Youthful Offender System. Against the backdrop of the considers to be a criminal, including those American presidential race and Thanks to everyone who re- arrested for habitual traffic violations and his ongoing adventures with his sponded to our Action Alerts check fraud. In its original form the bill pro- (mostly) reliable companion Mule, and let their legislators know posed collecting DNA from anyone arrested a Prius sedan, Farrell’s new book, that civil liberties remains a Of Mule and Man recounts his cross- for a crime, even if charges were never filed. priority in Colorado. country journey meeting individuals The amendment requiring the DA to actually and groups eager to hear about his political and humanitarian work as well 5 as his experiences as a Hollywood actor. A strong supporter of the ACLU, his book talks about his visit to Colorado and also Know Your Rights several realistic situations that consistently includes information about our mission arise between college students and police and legislative activities, including the Beginning in January of enforcement. The scenarios demonstrate the work to defeat last year’s SB 195: 2009, Victoria Kelley and limitations of police officers’ authority and Death Penalty for Aggravated I (Judd Larson) interned teach students (and the general public) how Sexual Assault on a Child. for the ACLU of Colorado to exercise their constitutional rights. To view as part of a program with the the Know Your Rights Training, please visit We hope you will consider University of Colorado at Boulder www.aclu-co.org/kyr. purchasing Farrell’s new book at for political science majors. your local Tattered Cover book The Know Your Rights Training has yielded During our time with the ACLU, store. Their free Give Back real results for members that participated we attended and helped organize Program will donate 1% of in the event. One student told the story of various events ranging from teaching your purchase to the ACLU! answering her door during a party one eve- elementary students about civil ning to find police outside. They informed liberties to working with the legislative her they had received a noise complaint committee on tracking bills in the and asked to enter the house. She promised legislature. One of the most educational to turn down the music, but declined to let and exciting events we attended was the police search her house without any rea- the Know Your Rights Training at the son beyond a noise complaint. She was well University of Colorado Boulder. Worthy of handcuffs? within her rights to do so, but the simple act The Know Your Rights training of telling a police officer “No” is not easy, is hosted by the CU Boulder particularly for a young college student. Law School Chapter and The officers relented, thanked her for turning Undergraduate Club, with down the music and left. additional ACLU volunteers and Another Know Your Rights attendee wrote cooperating respected attorneys to the ACLU of Colorado regarding an from the greater Denver area. Its experience he had during a traffic stop purpose is to educate CU students by a Boulder County Sheriff. After pulling and the general public in regards him over for a broken taillight, the officers to their rights during police claimed that they smelled alcohol and encounters. The training explores

NObama On the eve of the presidential election, Michelle Obama made one of her final campaign stops at Littleton’s Dakota Ridge High School. Junior Blake Benson was one of a trio of students who decided to “stay and campaign” for John McCain by wearing a “NObama” t-shirt and holding a McCain sign. School officials asked them to leave when Benson politely responded that he would like to stay because they had a right to be at the rally to protest. Upon hearing his refusal, Jefferson County Sheriffs arrested Benson and his two friends and took the boys in handcuffs to the school administrator’s office where they were held against their will. The students were issued a “Promise to Appear” citation for “interference with staff of an educational facility” and suspended from school for one day. ACLU cooperating attorney Dan Recht, of Recht & Kornfeld, P.C., represented Benson. After brief discussion with the Jefferson County Sheriff’s office, all of the criminal charges against Benson and his friends were dropped, and the Sheriff’s office stated that “the matter has been totally closed.” The school district also revoked its suspension of the students. As Recht explains, “there is no more classically protected speech than peacefully protesting against one candidate and for another. What Blake Benson was doing is as American as apple pie.” 6 requested that he take a physical roadside Farewell to Frinkman… sobriety test. He complied and passed As part of the ACLU’s perpetual all the tests. Yet after completing those search for ways to do more with less, tests, one officer also asked that he take Colorado College’s Public Interest a Breathalyzer. Recalling the lessons of Fellowship Program has been an the Know Your Rights Training, he knew invaluable resource. Every year that had the right to decline, which he did. we accept one Year-Long and one Faced with arresting someone who said Summer Fellowship. They help he was sober, whose driving had given staff with projects from creating no indication otherwise, and who has just the Legislative Scorecard passed all of the physical roadside tests, the to organizing and hosting officers instead released him and thanked events. Then, despite our him for his patience. best efforts to convince them to stay forever The Know Your Rights training covers in Denver working for everything from how to handle the police peanuts, they inevitably knocking on your door to general traffic leave for law school. stops to police officers’ right to lie to you. Following the presentation sketches, criminal In this way, Lauren defense lawyers are on hand to answer any Frinkman is no and all questions regarding your rights and different from past incidents. For more information and the next fellows- she will attend UCLA Law in the fall. Know Your Rights Training please contact In all other aspects, the ACLU of Colorado. Lauren Frinkman however, she is a standout. Her smarts, longer thought the two young lawyers were initiative and creativity government plants. They shared incredible soon led staff members to delegate tasks and tales of security requirements so severe it full projects not usually was nearly impossible to provide a legal managed by interns. defense for their clients. Reviewing any Whether she was case documents–including their own improving the website, handwritten notes–required a trip to a talking to a distraught secure room in Washington. They talked person requesting legal about the red tape involved in a trip to help, or writing a last- Guantanamo, as well as the challenges minute Action Alert, Lauren of two American women representing handled all challenges with devout Muslim men. To share this event equal parts enthusiasm and with a broader audience, we returned practicality. And although to the television studios of Denver we’ll sorely miss her efforts Open Media. In addition to being in the office, we look forward Gitmo attorneys Erica Grossman and Anna Holland-Edwards broadcast live, the talk is archived to the days when we’ll be online at www.denveropenmedia. able to call on her not as an Defending Detainees org. Just search for “ACLU.” intern, but rather a Cooperating Attorney. Good luck, Lauren. After representing four Guantanamo Bay prison detainees for an entire year, the Another sad note to Lauren’s biggest accomplishment attorneys Anna departure: she will be the ACLU’s last Holland-Edwards and Erica Grossman Year-Long Fellow. Budgetary concerns could claim was that the prisoners no have forced us to eliminate the position, leaving us with only the Summer Fellow. 7 Defending Coloradans’ The Liberty Run Is Back! Rights DNC preparations forced us to sideline the Liberty Run last summer, but this year we’re once again ready to Lace ‘em up for liberty. Our seventh annual Freedoms (OK, almost annual) race will take place as usual on Saturday, July 4th, in Denver’s Washington Park. Join hundreds of runners, walkers and their families to celebrate our nation’s freedoms and support the ACLU’s efforts to protect our &For Over 50 Years collective rights. Even the littlest tykes can participate in the Lil’ Liberty Kids Dash before the start of the race. Bring the strollers, bring your dogs; everybody is welcome. We’re also excited to announce that the Liberty Run will be the nation’s first “cupless” race. Registration includes the new Hydrapouch, which allows runners to stay hydrated without the mess and waste of grabbing, gulping, spilling and tossing thousands of paper cups. Even better, it’s reusable, and the Hydrapouch system is popping up at races in Colorado and across the nation. Sign up for the 4-mile run or the 1K walk at www.libertyrun.net. Want a free t-shirt? We’re also looking for volunteers to help with race-day activities. Contact Alison May at [email protected], or 303.777.5482 x117.

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