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NYCLU News Spring 2007

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NYCLU News Spring 2007 SPECIAL ELECTION EDITION 2007: BALLOT INSIDE & ONLINE AT NYCLU.ORG NYCLUNews Spring 2007 www.nyclu.org ■ Published by the New York Civil Liberties Union ■ Vol. LIIII, No. 3 2 3 4-6 7 9 10 11 12 > Director’s Column: > Supreme Court Outlaws > Board of Directors > NYCLU Report > NYPD's Stop-and-Frisk > Around > Fighting for the Right > Town Hall Meeting Ending Police Abuse Abortion Procedure Election 2007 Targets Over-Policing Data Show Racial Profiling the State to Counsel Debates Surveillance > Real ID Threatens NY in NYC Schools > NYCLU Advocates for > Victory in Suit against > Coming Up Rapid Arraignments Recruitment Tactics NYCLU and New York Times Fight Secrecy of NYPD’s Unlawful Spying Program hen the New York Police Department spies on lawful political activity and uments,” said NYCLU Executive Director then tries to hide the evidence, who cries foul? The New York Civil Liberties Donna Lieberman. “They have the right to WUnion does, of course. So does the New York Times. monitor their government’s activities, and This March the Times published a series of articles that raised major questions about they have the right to know whether they the policing of the 2004 Republican National Convention (RNC). The articles, written were the subjects of an unconstitutional and from police intelligence documents that had been leaked to the Times by an unknown unlawful program of political surveillance.” source, showed that for at least a year before the RNC the New York Police Department The lead New York Times editorial on sent undercover officers to cities across the country, Canada and Europe to infiltrate March 27 placed the dispute over the docu- political groups and spy illegally on people who planned to protest lawfully at the con- ments into broader context. “Unfortunately, vention. This undercover surveillance force, the Times wrote, amassed information on this dispute fits a deeply troubling pattern of plans for peaceful protest and created political dossiers on innocent individuals. Mayor Bloomberg’s tenure, which has been Some documents about NYPD surveillance activity were also released under seal to exemplary in so many other ways,” the Times the NYCLU and several other attorneys by the city, as part of the discovery process in editorial board wrote. “… Mr. Bloomberg has the NYCLU’s RNC lawsuits. The NYCLU and the other lawyers are prohibited from made it no secret that he does not like protests, News stories revealed that individuals who releasing those documents, but the NYCLU is working together with the Times in a legal and it sometimes feels as if he would rather planned to participate in lawful protest at the 2004 Republican National Convention were subject to battle against the City of New York to make the documents public. > Continue on page 8 surveillance by undercover members of the NYPD. “Members of the public need information about the program detailed in these doc- NYCLU Helps Defeat Brighton Town Council Passes Anti-Immigrant Ordinance in Suffolk Resolution Protecting Liberties his March the NYCLU celebrated the defeat in the Suffolk County Legislature of a Against Flawed Patriot Act Provisions proposed loitering bill meant to run immigrant workers out of town. T The NYCLU worked with advocates and allied legislators to defeat n March 28 the town of Brighton, a suburb of Rochester, became the first Introductory Resolution No. 1022, which would have made it unlawful for day labor- community in the country to pass a resolution rejecting the use of national ers — who are overwhelmingly immigrant and Latino — to stand along county road- Osecurity letters, one of the most intrusive provisions of the USA Patriot Act. ways to solicit work or sell services. The Brighton Town Council unanimously approved the resolution, which was NYCLU Executive Director Donna Lieberman said she was pleased that the Suffolk partly drafted by the NYCLU. The resolution emphasizes the importance of the Bill of County Legislature had chosen to reject this unlawful assault on the rights and livelihood Rights and the Constitution and rejects government abuses perpetrated in the name of of immigrant and Latino workers. “IR 1022 national security. would have made ‘standing while Latino’ a Since the enactment of the Patriot Act in 2001, the Federal Bureau of Investigation crime — by unfairly targeting day laborers has used national security letters to demand the financial, communication, library and seeking to work to support their families,” > Continue on page 8 Lieberman said. In addition to being anti-immigrant and anti-Latino, NYCLU Field Director and 125 Broad Street Non-Profit Org. Legislative Counsel Udi Ofer explained in tes- New York, NY 10004 U.S. Postage timony before the Legislature, the bill was www.nyclu.org PAID New York, NY plainly unconstitutional. The First Permit No. 2723 Amendment protects the right of people to solicit work in public spaces, and IR 1022 would have unduly infringed upon this right by discriminating against day laborers’ speech and preventing them from soliciting work. Similar ordinances have been struck down as unconstitutional by federal courts. “The bill would have devastated Suffolk A New Yorker stands up for immigrants’ rights at a May 1 rally. County residents by preventing day laborers > Continue on page 8 DIRECTOR’S by Donna Lieberman, Executive Director COLUMN Out of the Alleyways, into the Light: Illuminating and Ending Police Abuses in New York State n the past half-decade the When a fast-talking, smutty-mouthed lieutenant in regime and making a series of recommendations that, if police departments of New Martin Scorsese’s The Departed learns that cell phones implemented, would help eliminate the police state atmos- IYork’s cities have been act- are under surveillance by a law enforcement agency, the phere and be compatible with the nurturing environment ing in ways that give the expression “heady with lieutenant — played by Alec Baldwin, a dedicated civil that students need in order to learn. We’re hoping the power” a whole new meaning. libertarian in real life — grabs one of his officers in an NYPD can reverse the negative example it’s been setting for Fighting the abuse of that power is a big job, and affectionate choke-hold and chortles happily, “Patriot other police forces around the state and show that meas- the New York Civil Liberties Union takes that job very Act! Patriot Act! I love it, I love it, I love it!” Those ured discipline under the supervision of educators — not seriously. You will see, as you flip through the pages of words could very well have come from the mouth of cops — actually increases school safety and security. You this newsletter, that we’re using all the tools at our dis- New York City’s Police Commissioner, Raymond Kelly, can read our report at www.nyclu.org/policinginschools. posal — litigation, legislative advocacy, community who, it seems, has taken his cues from that federal anti- Even as policing bleeds into political meeting organizing, and public education — to protect New terrorism legislation and is leading his police force in rooms and school classrooms, policing on the streets is Yorkers from abuse, profiling, and overreaching that egregious abuses of power. still trying to hide its dirty secrets. Racial profiling con- violates their basic constitutional rights. Need examples? Flip back to the front page for a tinues in New York City and other cities around the story about the information the New York Times has state in spite of intense public criticism. Sometimes its published about the NYPD’s program of surveillance and effects are lethal, as in the 2006 shooting death of Sean infiltration of groups and individuals who planned to Bell, an unarmed African American man leaving his engage in lawful protest around the 2004 Republican bachelor party with a group of friends in Queens. More National Convention. This coverage, and our lawsuits often it leads to widespread violations of Fourth on behalf of protesters arrested during the RNC, have Amendment rights, as people of color, not suspected of given us a sobering look at how far the NYPD went in any specific wrongdoing, are routinely stopped and NYCLU News (ISSN 0746-0801) is published twice a year by using and abusing their Patriot Act powers. Clearly, max- searched. According to the NYPD’s own records, The New York Civil Liberties Union, 125 Broad St., New York, NY 10004 212.607.3300 ■ www.nyclu.org imum protection of our First Amendment rights is need- 508,540 individuals were stopped and frisked in 2006, ed today if those rights are to be exercised as they should representing a five-fold increase in only three years. Subscription by membership only at $20 and up, be — without fear of surveillance or retaliation. We’re Eighty-six percent of those stopped were black or of which 50 cents is for a one-year subscription lifting our voices on the streets and in court to show the Hispanic. Ninety percent of those stopped were not Claudia Angelos, PRESIDENT; Edwin Lopez-Soto,VICE PRESIDENT; NYPD that they can’t pull a trick like this again. charged with any wrongdoing. Likewise, a recent Elliot Auerbach, SECRETARY; Bill Lambert, TREASURER We’re also fighting the extremely aggressive and report demonstrated that the police there are using intimidating tactics that police departments use in public racial profiling to stop and search individuals in EXECUTIVE DIRECTOR: Donna Lieberman schools in New York City and, increasingly, New York’s Syracuse. What’s wrong with this picture? In Syracuse, DEPUTY DIRECTOR: Nanette Francia-Cotter other urban centers. After receiving numerous complaints our chapter director played a key role in getting the LEGAL DIRECTOR: Arthur Eisenberg ASSOCIATE LEGAL DIRECTOR: Christopher Dunn about police behavior in NYC schools, we surveyed City Council to hold a public hearing about the report INTERIM DIRECTOR, REPRODUCTIVE RIGHTS PROJECT: Galen Sherwin 1,000 students, reviewed scads of city data, and inter- that showed racial profiling, and then organized with DIRECTOR, TEEN HEALTH INITIATIVE: Lee Che Leong viewed students, parents, teachers, administrators and local human rights and civil rights leaders.
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