AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CAL I FORNIA 6 2 0 0

BECAUSE FREEDOM CAN’T PROTECT ITSELF WINTER

newsVOLUME LXX ISSUE 1 WHAT’SAC INSIDE LU PAGE 2 PAGE 3 PAGE 4 CENTER SPREAD PAGE 10 New Board Members: Free Speech for Labor: Rave Reviews: Death Penalty on Trial: South Bay Civil Liberties: ACLU-NC Election ACLU Puts Stop to Gag Order Students and Teachers ACLU Steps up Campaign San Jose Office Opens its Doors Results Are In Applaud ACLU Retreat against Capital Punishment BILL OF RIGHTS DAY ON EVE OF EXECUTION By Yasmin Anwar ess than 36 hours before Stanley Tookie Williams execution, the ACLU of Northern California presented some of the nation’s Lmost powerful and poignant voices against the death penalty at its 2005 Bill of Rights Day celebration. More than 700 members and supporters of the ACLU of audience members faxed letters to U.S. Sen. Dianne Feinstein Northern California (ACLU-NC) gathered at the San Fran- asking her to oppose “cloture”—a Senate term for overriding a RICHARD RESSMAN cisco Marriott on Dec. 11 to commemorate the enlightened filibuster and thus ending debate—of the USA Patriot Act. Sister Helen Prejean accepting the Chief Justice constitutional amendments that drive the organization’s mis- Others faxed and sent letters in support of a bill to put a Earl Warren Civil Liberties Award from Sean Penn. sion to protect individual freedoms and civil rights, and to hold on executions while the California Commission on the honor those who defend them. Fair Administration of Justice investigates problems with author of “Dead Man Walking,” for her work against capital It was one of the largest Bill of Rights Day turnouts in recent the state’s criminal justice system, particularly in the face of punishment; Monterey Chapter veteran Michelle “Mickey” years. In between listening to eloquent speeches, provocative mounting wrongful convictions. Welsh for her outstanding service to the ACLU-NC; and the poetry and pleas to get involved in key campaigns, dozens of Bill of Rights honorees included Sister Helen Prejean, affiliate’s Yolo County chapter for its creative outreach efforts. CONTINUED ON PAGE 6

CA VICTORY ON PROP 73 SHOWS PAID on-Profit on-Profit N U.S. Postage Organization Permit No. 4424 San Francisco, POWER OF GRASSROOTS ACTIVISM By Yasmin Anwar t was the afternoon of the Nov. 8 special election and Shay- at a bar in Old Oakland, anxious about what lay ahead. Ina Gelender, field coordinator for the ACLU of Northern Periodically, someone at the gathering would check their California’s campaign to defeat Prop 73, was exhausted. For laptop and yell out the latest precinct returns. The suspense weeks, she had been recruiting and training volunteers, run- was killing Gelender. “I wanted to know, and, of course, to ning phone banks, organizing sandwich board demonstrations win,” she said. She went home, still not knowing the outcome, and helping chapters to get involved. and after midnight fell into a heavy sleep. Volunteers trickled in to the Planned Parenthood office to Early the next morning, she jolted awake. She could hear make final desperate calls asking people to vote against the the radio in the next room, and hollered at her partner to give measure that would require doctors to notify parents 48 hours her the news. When she heard Prop.73 had been defeated, before terminating the pregnancy of an unwed minor. Their Gelender shrieked with glee. orders were to call opponents of the initiative three times until “It was like weathering a night of punishing and scary storms and they confirmed that they had cast their then waking to a bright clean day and dis- “no” ballot. Gelender needed to keep all covering no damage had been done to your her helpers fed and in high spirits. TOTAL “NO” VOTES home, everything was in tact,” she said. When the polling stations were all 3,465,629 (52.6 percent) For Gelender and others heavily in- closed, Gelender closed shop and walked volved in the campaign, the Prop 73 de- TOTAL “YES” VOTES with a friend into darkness. Her job was feat shows what can be done with finite 3,130,062 (47.4 percent) over. Now it was up to the voters. They resources, determined volunteers and a headed for a “Vote No on Prop 73” party strong campaign message. CONTINUED ON PAGE 9

WWW.ACLUNC.ORGWELCOME TO THE ACLU NEWS. READ MORE AT WWW.ACLUNC.ORG ACLU-NC PRIVACY POLICY ACLU SUPPORTER SEEKS CLOSURE IN To our members… HOLOCAUST INSURANCE CLAIM Direct mail appeals to our members and the By Stan Yogi general public provide opportunities to describe complicated legal and political issues in ways not n April 2003, ACLU supporter Gilbert Bendix learned award from discretionary funds for his efforts. possible in other media. They enable us to explain, Ithat an international insurance commission was mak- In November 2005, another life insurance company in detail, the benefits and provisions of the Con- ing public the names of 363,232 Holocaust victims who informed Bendix that his father had taken out an earlier stitution and the Bill of Rights, the complex ways were covered by German life insurance policies but whose policy in 1927, thereby entitling Bendix and his sister to our rights can be protected in the modern world, records had been concealed for decades. another payout. and the costs of preserving those rights. We use the Bendix, who in 1936 immigrated to America from Nazi As he completed paperwork for this final claim, mail to inform people of the importance of our Germany, realized that relatives might have been insured Bendix recognized his subconscious motivation: “I legal work and to solicit funds that enable us to and that he and other heirs was looking for closure, continue our litigation, public education and leg- could file claims for ben- for the ability to look the islative lobbying. efits. “I had put Germany past in the face,” he said. Sometimes, as part of our member recruitment behind me long ago,” “There are at least two program, we exchange or rent our list of members’ Bendix explains. “I didn’t new generations of Ger- names to like-minded organizations and publica- want to have anything mans, and most of them tions. to do with them. I didn’t have made a sincere ef- The ACLU never makes its list available to par- want their money, but I fort to deal with the sins tisan political groups or those whose programs are didn’t want the thieves to of the fathers. Accepting incompatible with the ACLU’s mission. Whether get away with robbing the that money could settle by exchange or rental, the lists are governed by corpses of my relatives.” more than a financial strict privacy procedures, as recommended by the On the list of insured, debt. Maybe I could have U.S. Privacy Study Commission. Lists are never he discovered names that found closure if it weren’t actually given into the physical possession of the matched three of his for Cambodia and Rwan- organization that has rented them or exchanged grandparents. He filed da and Bosnia and now for them. No organization ever possesses our list complicated claim forms Darfur. No closure. Pur- and no organization will ever see the names of the requiring the drawing of gatory will not end in the members on our list unless an individual responds family trees spanning four Gilbert Bendix foreseeable future. We’re to their mailing. generations and researching a flawed species.” While direct mail appeals—under strict priva- the whereabouts of all surviving heirs. Since his grand- After coming to this realization, Bendix decided to cy guidelines —form the basis of our new member parents’ names were not distinctive, though, all Bendix’s donate the insurance proceeds to a human rights or- acquisition program, and are key to our growth, work could easily have been for naught. ganization. As he pondered which organization would we understand some members do not wish to re- More than 18 months passed before Bendix heard from receive the gift, he received materials from the ACLU ceive solicitations from other groups and we gladly a German life insurance company, not about his grand- explaining the gift annuity program, through which honor requests from our members to be removed parents but about supporters make irrevocable contributions and receive from the process. “ MR. BENDIX DEMONSTRATES his father, who had income for life. Bendix decided to establish a gift annu- HOW AN INDIVIDUAL CAN taken out a policy ity with appreciated securities that more than matched If you do not wish to receive materials from other MAKE A DIFFERENCE in 1930. After the amount of his insurance proceeds. In doing so, he organizations, please complete this coupon and send Bendix proved his avoided significant capital gains he would have realized it to: BY TRANSFORMING father’s identity, the had he sold the securities. “Since financial benefits will company claimed accrue to me by donating appreciated stock instead of ACLU-NC Membership Department UNSPEAKABLE SUFFERING the policy was re- the cash,” Bendix said, “I could increase the amount 1663 Mission Street, Suite 460 INTO HOPE FOR THE FUTURE.” deemed in 1935. donated above the German payments and still break San Francisco, CA 94103 – DOROTHY EHRLICH, However, under even.” q I prefer not to receive materials from EXECUTIVE DIRECTOR, ACLU the international By establishing a gift annuity, Bendix also generated a other organizations. Please eliminate agreement compel- matching grant through the ACLU’s Legacy Challenge my name from membership exchange/ OF NORTHERN CALIFORNIA ling the release of program, in which a generous ACLU supporter is match- rental lists. the names of those ing a percentage of all new gift annuities and bequests to insured, the company was required to pay the death ben- the ACLU. Member # ______efit if there was any doubt at all whether the policy had “Mr. Bendix demonstrates how an individual can make been cashed in. a difference by transforming unspeakable suffering into Name ______The following month, Bendix received word that none hope for the future,” said Dorothy Ehrlich, executive di- Address ______of the claims for his grandparents matched any policies. rector of the ACLU of Northern California. “We deeply Still, the commission overseeing distribution of the in- appreciate his thoughtful and meaningful support. The City ______State ___ Zip ______surance money gave Bendix a symbolic “humanitarian” story behind his gift is profound.” n

ACLUnews BOARD ELECTION RESULTS ELECTION OF OFFICERS & THE QUARTERLY PUBLICATION OF THE The ACLU of Northern California is proud to welcome EXECUTIVE COMMITTEE MEMBERS AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA. new Board members Lovely Dhillon, Angel Garganta, At their December 8, 2005 meeting, the ACLU- Jahan Sagafi, and Elizabeth Zitrin who were elected NC Board of Directors elected incumbent officers Membership ($20 and up) includes a subscription to the in the 2006 Board Election by the membership of the Quinn Delaney (Chair), Nancy Pemberton (Secre- ACLU News. For membership information call (415) 621-2493 or visit www.aclunc.org/join.html. ACLU-NC. Congratulations to incumbent Board tary/Treasurer), Bob Capistrano (Vice Chair), Susan members Jim Blume, Dick Grosboll, Hiraa Khan, Peter Freiwald (Vice Chair), and Roberta Spieckerman Quinn Delaney, CHAIR Kwan, Philip Mehas and Nancy Pemberton. (Vice Chair). In addition, Lisa Honig was newly Dorothy Ehrlich, EXECUTIVE DIRECTOR We thank outgoing Board members Luz Buitrago, elected as a Vice Chair. Erika Clark, EDITOR Scott Burrell, Harmeet Dhillon, Milton Estes, and Paul Elected to the Executive Committee were: Donna Yasmin Anwar, MANAGING EDITOR Gilbert (Mid-Peninsula Chapter) and welcome new Brorby (incumbent), Dick Grosboll, Michael Jackson, chapter representatives to the Board Dawn Abel (Mid- Gigi Pandian, DESIGNER AND Peter Kwan, Philip Monrad, and Ronald Tyler. Peninsula Chapter), Alice Fialkin (San Francisco Chap- EDITORIAL ASSISTANT ter), and Peter Yessne (Santa Clara Valley Chapter.) 1663 Mission Street #460, San Francisco, CA 94103 (415) 621-2493

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2 | ACLU BECAUSE FREEDOM CAN’T PROTECT ITSELF ACLU KEEPS TABS ON STATE LABOR LAWYERS’ FREE SPEECH RIGHTS By Yasmin Anwar or years, state labor lawyers have attended various gatherings to impart their knowledge of the rules governing workers’ comp, overtime, meal and rest breaks, minimum wage and other worker issues. FBut these briefings came under attack last year when the Division of Labor Standards Enforcement at the state Department of Industrial Relations sought to silence public employees tasked with enforcing workers’ rights.

The gag order issued last year prohibited DLSE staff attor- hosted by the San Francisco Bar Association’s Barristers Club. “It was particularly ironic that the state agency responsible neys from participating in “any speaking appearances” related Locker had previously been given permission to speak as a for enforcing employees’ rights was ready to violate its own to laws and regulations enforced by the labor commissioner. In representative of the DLSE at the luncheon in an official ca- employees’ most pre- response, attorneys Rachel Folberg and Anne Hipshman asked pacity. When he was told not to speak in an official capacity, “ IT WAS PARTICULARLY IRONIC cious right—the right the ACLU of Northern California (ACLU-NC) for help. he went forward in his personal capacity, believing it was his to free expression,” After the ACLU-NC sent the division a letter challenging right to do so, according to his attorney, Steve Zieff. THAT THE STATE AGENCY said Hipshman, a the rule as a violation of employees’ First Amendment right However, when Locker returned to work from vacation, RESPONSIBLE FOR ENFORCING labor lawyer with the to speak on matters of public concern, the policy was swiftly he was placed on an indefinite leave pending an investigation EMPLOYEES’ RIGHTS WAS labor standards divi- rescinded. of his speaking engagement, and other unidentified issues in sion for 16 years. “We are pleased that the DLSE backed away from its un- apparent retaliation for his exercising First Amendment rights READY TO VIOLATE ITS OWN The state withdrew constitutional policy and we will stay in touch with attorneys and for his efforts in enforcing California labor laws intended EMPLOYEES’ MOST PRECIOUS its policy after receiv- there to make sure public employees retain their free speech to provide protections to workers, according to Zieff. ing a letter from the rights,” said ACLU-NC staff attorney Julia Harumi Mass, who Moreover, newly installed chief counsel Robert Jones is- RIGHT—THE RIGHT TO FREE ACLU-NC threat- had prepared to file a federal lawsuit against the policy. sued a memo prohibiting all staff attorneys from public EXPRESSION.” ening litigation and It should be noted that the gag order did not come out speaking engagements on labor law. – LABOR LAWYER demanding that the of nowhere. At the time, the Schwarzenegger administration, The memo worried state labor lawyers Folberg and Hipsh- division rescind its along with the California Restaurant Association and other man, who were scheduled to speak at a California Employ- ANNE HIPSHMAN policy. Folberg and pro-business lobbying groups, were crafting “emergency” regu- ment Lawyers Association conference. When they offered to Hipshman have since lations that would end obligatory meal breaks. speak in their personal capacities and on their own time, Jones spoken at a brown bag lunch on “Hot Topics in Wage-an- Miles Locker, a senior DLSE staff attorney, believed that threatened to discipline them for insubordination. Hour Enforcement” for the Bay Area chapter of the National meal breaks were guaranteed under the law. And he made that That’s when Folberg and Hipshman enlisted the help of the Lawyers’ Guild. n clear at a brown bag luncheon on meal and rest break litigation ACLU-NC.

LEGAL BRIEFS

LAW AGAINST FALSE POLICE COMPLAINTS the performance of government,” said ACLU/SC Le- “Going to the games is a real family event that we OVERTURNED gal Director Mark Rosenbaum, who argued the case all look forward to. It is a tradition that I am proud before the court of appeals last year. of,” said Dan Sheehan. “But this year, my family and I In a free speech victory, a federal appeals court in The case was launched by Darren David Chaker, a have been forced to submit to pat-downs by complete November struck down a California law that makes it San Diego man who filed an abuse complaint against strangers that run their hands over my back, arms, illegal for citizens to knowingly level false accusations an El Cajon police officer who arrested him in 1996. waist and the outside of my legs. They have even patted against police officers. Two years later, Chaker was convicted of a misde- down my 4-year-old grandson. I find this terribly of- The 9th U.S. Circuit Court of Appeals ruling in the meanor for knowingly filing a false accusation against fensive and ask, is this now the price we have to pay for case Chaker v. Crogan , found that a 1995 law, passed the officer. admission to a football game?” in response to police union claims that the notori- Chaker objected to being branded a criminal for The pat-down policy was implemented this season in ous Rodney King beating would open the floodgates making a complaint about how he was treated by El response to a directive from the NFL, citing post-9/ll to officer-abuse complaints, is unconstitutional. The Cajon police. With the ACLU’s help, he filed a series security concerns. “These kinds of concerns, based on ACLU affiliates of Southern California, Northern of unsuccessful appeals in state courts and then a ha- speculation and fear, lead to the erosion of our civil lib- California and San Diego filed an amicus brief and beas corpus petition in federal court in San Diego. erties and freedoms, and does not make us any safer,” were asked by the court to participate in the oral argu- The 9th Circuit panel issued its ruling that the law said Ann Brick, ACLU-NC staff attorney. ment. is an unconstitutional infringement on speech on Nov. Last year, a Florida court ruled that pat-downs at “Speech that is critical of public officials enjoys the 3, 2005. The government has already filed a petition Tampa Bay Buccaneers games are unconstitutional and highest level of First Amendment protection,.” said for rehearing by an en banc panel of 11 Ninth Circuit the Florida court of appeal refused to stay the injunc- ACLU-NC Legal Director Alan Schlosser. “Criminal- judges, and an eventual petition for U.S. Supreme tion. izing citizen complaints against the police, and requir- Court review is likely. “The citizens of California enacted Proposition 11, ing that complaint forms include a boldface warning the Privacy Initiative, to ensure that every California of the criminal penalties has had a chilling effect on citizen’s right to privacy would be explicitly protected the willingness of citizens to step forward and report 49ERS SEASON-TICKET HOLDERS CHALLENGE PAT-DOWN by our state’s constitution,” said ACLU-NC cooperat- police abuse.” POLICY ing attorney Benjamin Riley, a lawyer at the firm of The three-judge panel agreed. In his opinion, Judge Chapman, Popik & White. “The 49ers pat-down Harry Pregerson wrote that Penal Code Section 148.6 Two San Francisco 49ers season-ticket holders are chal- policy violates the right to privacy by forcing fans to discriminates on the basis of a speaker’s viewpoint lenging the pat-down policy at Monster Park imple- subject themselves to repeated “‘touching, patting and because “only those individuals critical of peace of- mented last year by the pro football team. The ACLU light rubbing”’ before they can enter Monster Park ficers are subject to liability and not those who are of Northern California is representing Dan Sheehan, a to watch the 49ers play. Courts have already prohib- supportive.” season-ticket holder for more than 35 years, and his wife ited the Tampa Bay Buccaneers from conducting these “The case reaffirms the principle that the First Kathleen, who say their right to privacy under the Cali- searches, and we are confident they will do so here as Amendment doesn’t play favorites. The core purpose fornia Constitution is being violated. The suit was filed well.” n of the amendment is to afford citizens a voice as to in San Francisco Superior Court on Dec.15, 2005.

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ACLU BECAUSE FREEDOM CAN’T PROTECT ITSELF | 3 STUDENT AND TEACHER ACTIVIST RETREAT GETS RAVE REVIEWS By Danielle Silk atthew Green, a journalism and media studies teacher at Fremont High Media Academy in Oakland, noted a marked difference in Mhis students’ sense of leadership potential after they attended a Student and Teacher Activist Retreat last fall, sponsored by the ACLU of Northern California’s Friedman Education Project. “Since the retreat, I have seen a broadening in their overall sions, guest speakers, and anti-slur campaigns. perspectives on what they are capable of doing and how to Each school came with a different goal in mind. For ex- strategically accomplish those tasks,” Green said. “In terms of ample, students from Balboa High School in San Francisco Students and teachers at the Westerbeke Ranch my own teaching, the retreat has given me a lot of curriculum wanted to learn about how to deal with a dress code policy retreat discuss campus issues. ideas and lesson plans that deal with issues of social justice that that they believed unfairly targeted students of color. Students are relevant to my students.” from Oceana High School in Pacifica were troubled by homo- Indeed, those who have attended the Student and Teach- phobic language and planned a creative campaign to challenge er Activist Retreat (STAR) program commonly describe the discrimination by designing T-shirts with anti-hate messages. experience as “positive,” “energizing,” and “hopeful.” The Meanwhile, students at Fremont High School in Oakland were 2005-2006 STAR PROGRAM PARTICIPANTS annual retreat gives Northern California teachers and stu- looking for ways to build school spirit by bringing back school dents the opportunity to come together outside the class- dances that the administra- Balboa High School (San Francisco) room setting to share and learn new strategies for campus THE ANNUAL RETREAT tion had banned. Co mmunication Arts & Sciences, Berkeley High activism. After the retreat, students School (Berkeley) The ACLU of Northern California’s (ACLU-NC) retreat GIVES TEACHERS and teachers often stay in took place in the serene Sonoma setting of Westerbeke Ranch. AND STUDENTS THE touch with Friedman Proj- Exc el Academy, McClymonds High School (Oakland) Students and teachers from high schools in San Francisco and OPPORTUNITY TO COME ect staff to get additional the East Bay came with various goals in mind. Some came to support or to report their Lincoln High School (San Francisco) learn about student rights, some were looking to become bet- TOGETHER OUTSIDE THE successes. One student Media Academy, Fremont High School (Oakland) ter activists and some were looking for ways to strengthen the CLASSROOM SETTING TO who has stayed in touch is impact of on-campus clubs. Adrianne Stewart, editor Newark Memorial High School (Newark) “It is a refreshing chance for students and teachers to break SHARE AND LEARN NEW of the school newspaper at Oceana High School (Pacifica) down the youth/adult barriers that the traditional school sys- McClymonds High School STRATEGIES FOR CAMPUS Washington High School (Fremont) tem creates,” said Melissa Ambrose, a teacher at Oceana High ACTIVISM. in Oakland. She has been School in Pacifica. writing articles on contem- One of the highlights of the three-day retreat was a stu- porary issues in the Native EXCEPTS FROM ANONYMOUS EVALUATIONS dent rights workshop run by ACLU-NC staff attorney Julia American community, the “n-word” and homophobia. She’s OF THE RETREAT Harumi Mass. It addressed a wide array of campus concerns been thinking of writing about violence in schools to challenge such as dress codes, on-campus speech rights, discrimination, critics’ assertions that this will never change. FROM TEACHERS: harassment, and the rights of LGBTQ (lesbian, gay, bisexual, Students who attend the retreat are encouraged to get in- transgender, queer/questioning) students. volved with the Friedman Project’s Youth Activist Committee. “ Energizing, good ideas & eye-opening for youth at To meet the needs of various participants at the retreat, The next STAR Program is scheduled for Oct.13-15, 2006 at our school, fun for me, I got to get many new ideas Friedman Project staff ran workshops on how to share strate- Westerbeke Ranch. For more information, contact Friedman & examples. Awesome!! gies for peer education projects, take action on campus, and Project Director Eveline Chang at (415) 621-2493. n improve club attendance. Participants also planned specific “ I would certainly encourage teachers who have club events, such as culturally relevant movie nights, discus- Danielle Silk is a Friedman Project Youth Advocate. strong feelings about injustices at their schools but aren’t sure how to fight them, well seasoned activists who need refreshing and students who have leader- ship/activism potential.” WILLIAMS SETTLEMENT TRIGGERS FROM STUDENTS:

“ This impacted me a lot. I can speak up more, and I POSITIVE CHANGES FOR PUBLIC SCHOOLS have more ideas.” By Yasmin Anwar “ This was an amazing retreat and it gave me strength onditions in California’s lowest-achieving public schools and other campus facilities be kept clean and safe. to continue my work.” Care improving, according to a new report chronicling the Under Gov. Gray Davis, the state spent $18 million to fight first year of implementation of the landmark Williams v. Cali- the lawsuit. In August 2004, the Schwarzenegger administra- “ It has instilled in me a newfound drive to strive for fornia settlement won by the ACLU’s California affiliates. tion agreed to settle the case and the governor signed into law what I believe in and to be the change I wish to see The report, issued by the American Civil Liberties Union five bills implementing the legislative proposals set forth in the in the world.” Foundation of Southern California, says hundreds of school settlement. facilities are being inspected and repaired; tens of thousands of The goal of the implementing legislation was to establish “a “ It really helped us realize the inequities in schools and textbooks and other learning materials have been purchased; floor, rather than a ceiling, and a beginning, not an end, to the what our rights are and what we can really do.” and more teachers are being hired and properly certified, par- state of California’s commitment and effort to ensure that all ticularly those in classrooms with high numbers of English- California school pupils have access to the basic elements of a “ Games were a blast, and really did build commu- language learners. quality public education,” the report says. nity! Everything was interesting and thought-pro- The class-actionWilliams v. California lawsuit was filed by Aside from setting standards for school site and learning voking.” the ACLU’s California affiliates, Public Advocates and the conditions for millions of low-income students of color, the Morrison & Foerster law firm in 2000 on behalf of San Fran- agreement established new accountability mechanisms, and “ It is worth everything because I never knew that ev- cisco middle-school student Eliezer Williams. As the case committed a billion dollars to meeting those goals. eryone in different schools have so many problems, gathered momentum, Williams became the lead plaintiff One result of the 2004 Williams’ settlement, lauded by and knowing those problems makes me want to help representing low-income students learning in substandard teachers and parents, is the Uniform Complaint Process everyone.” conditions compared to their middle-income, suburban used to identify deficiencies and seek timely remedies. As counterparts. for other advances in accountability, school districts are “ I have learned how to exercise my rights as well as Among other basic standards, the lawsuit demanded that all now required to conduct rigorous self-evaluations, the re- how to become a fellow advocate for my peers.” California public schools have well-trained teachers, sufficient sults of which are reported to the school community in a textbooks and other learning materials, and that classrooms yearly report card. n

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4 | ACLU BECAUSE FREEDOM CAN’T PROTECT ITSELF SACRAMENTO REPORT

By Vivek Malhotra posals to create a new state immigration police force (ACA ates our first national identity card and enables the routine 20), roll back access to higher education for immigrant tracking of individuals by both government and businesses. s the state Legislature gears up for a new year of lob- children (SB 349, AB 589), and deny a range of public Among other privacy violations, Real ID stands to seriously Abying and lawmaking, there is much planning going services, including emergency health care, to undocument- increase incidents of identity theft. on. But first, a quick review of the November 2005 special ed immigrants (ACA 6). The ACLU joined immigrant election: The defeat of all eight initiatives—including the rights groups in successfully beating these measures down. CRIMINAL JUSTICE REFORM: EYEWITNESS IDENTIFICATION four heavily championed by Gov. Arnold Schwarzeneg- However, the politically expedient demagoguery is sure to ger—shook up the Capitol. resume its anti-immigrant campaign this year, especially as As part of our ongoing effort to promote reforms that pre- Immediately after the election, the Republican governor efforts to scapegoat undocumented immigrants heat up at vent wrongful conviction in criminal cases, the ACLU is called for reconciliation with legislative leaders and signaled the federal level. developing legislation to reduce false eyewitness identifica- a shift in policy priorities from polarizing governmental re- tion in California. Studies show that in the vast majority of forms to less controversial proposals such as infrastructural convictions that were overturned through DNA evidence, improvement, affordable housing and energy development. LOOKING AHEAD false or mistaken eyewitness, identification played a major role in establishing convictions. The standard procedures It is too early to predict how well the conciliatory With Gov. Schwarzenegger and most state legislators up for used in many police line-ups have the potential to contami- overtures will go over with Democrats who control both re-election, 2006 is sure to be politically charged. Conven- nate witness recall. In cities and states, such as New Jersey houses of the Legislature this election year. As advocates tional wisdom suggests that moderate politicians running and Minneapolis, that have implemented reforms to reduce and lawmakers alike are crafting their legislative strategies, in swing districts tend to shy away from issues deemed un- bias in criminal cases, the credibility of eyewitness iden- the ACLU is in the midst of honing its priorities for the popular or controversial. This dynamic forebodes another tification has improved, thereby strengthening prosecu- year ahead. tough year for the ACLU as we lead efforts to reform the tions and reducing the likelihood of convicting innocent criminal justice system, promote individual privacy, protect people. REFLECTING ON 2005 immigrant rights, and combat discrimination. In addition to the holdover bills from 2005 described above, here is a The ACLU’s legislative priorities in 2005 faced consider- preview of some of the ACLU’s likely legislative priorities PROTECTING DOMESTIC VIOLENCE VICTIMS FROM able challenges, with mixed results overall. The euphoria for the coming year. HOUSING DISCRIMINATION accompanying the historic passage of the marriage equal- This year, the ACLU is keen to sponsor legislation that ity bill (AB 849) was soon tempered by the reality of the MORATORIUM OF THE DEATH PENALTY will strengthen California law to protect domestic violence governor’s veto. This enduring civil rights battle to estab- victims from housing discrimination. Domestic violence lish the rights of same-sex couples to marry in California The ACLU has been vigorously promoting a bill calling is the leading cause of homelessness nationally. In fact, 38 will no doubt continue for a two-year suspension of executions in California while percent of all battered THE POLITICALLY in Sacramento and at the California Commission on the Fair Administration ACCORDING TO THE U.S. women become home- the ballot box state- of Justice investigates the causes of wrongful convictions. EXPEDIENT DEMAGOGUERY less at some point in wide. A major push by Since the U.S. Supreme Court reinstated the death penalty DEPARTMENT OF JUSTICE, IS SURE TO RESUME their lives. Among cit- the ACLU to promote in 1976, 121 men and women have been freed from death WOMEN LIVING IN RENTAL ies surveyed in 2004, ITS ANTI-IMMIGRANT media access and prison rows across the nation after being found innocent, includ- 44 percent identified accountability by restor- ing six here in Cali- HOUSING SUFFER VIOLENCE CAMPAIGN THIS domestic violence as a ing the right to conduct fornia. Assembly Bill THE ACLU OF NORTHERN FROM AN INTIMATE primary cause of local YEAR, ESPECIALLY AS media interviews with 1121, authored by As- PARTNER AT THREE TIMES homelessness. individual inmates in CALIFORNIA HAS BEEN sembly Member Sally EFFORTS TO SCAPEGOAT Some victims and state prisons (SB 239) VIGOROUSLY PROMOTING J. Lieber (D-Mountain THE RATE OF WOMEN WHO UNDOCUMENTED their children lose their met a similar fate when View) and Assembly A BILL CALLING FOR A OWN THEIR HOMES. homes when they flee IMMIGRANTS HEAT UP AT Schwarzenegger vetoed Member Paul Koretz abuse. Other domes- the bill after it passed TWO-YEAR SUSPENSION (D-West Hollywood), THE FEDERAL LEVEL. tic violence survivors with bipartisan support was shelved in the OF EXECUTIONS WHILE become homeless after being evicted, or after being denied in the legislature. Assembly Appropria- THE CALIFORNIA housing as a result of the violence against them. However, there were some notable victories. The gov- tions Committee last According to the U.S. Department of Justice, women ernor signed a bill clarifying that marital status and sexual COMMISSION ON THE month. However, its living in rental housing suffer violence from an intimate orientation are protected categories under the state’s Unruh sponsors are hoping to FAIR ADMINISTRATION OF partner at three times the rate of women who own their Civil Rights Act (AB 1400), prohibiting business establish- reintroduce it before homes. If a woman knows that she may be evicted if her ments in the state from discriminating against same-sex JUSTICE INVESTIGATES THE the session’s end. The landlord learns about the violence in her relationship, she is couples in such areas as housing and public accommoda- Legislature established CAUSES OF WRONGFUL more likely to keep the abuse a secret and less likely to seek tions. The governor also signaled his support for repro- the California Com- CONVICTIONS. help from police or courts. Legislation to protect domestic ductive rights by approving a bill to ensure women’s access mission on the Fair abuse victims, including the children, from homelessness is to certain medical prescriptions, such as the morning-after Administration of sorely needed. n pill, when individual pharmacists object on ethical, moral, Justice in 2004 to investigate flaws in California’s criminal or religious grounds (SB 644), and a measure to reject the justice system and recommend specific reforms to ensure Vivek Malhotra is a legislative advocate for the ACLU’s federal government’s attempt to define a “fetus” as a “child” that the system is just, fair, and accurate. The commission California affiliates. as a condition of accepting federal money allocated for has until December 2007 to make its recommendations. women’s prenatal health services (AB 794). Other major legislative priorities in 2005 were put on IMPLEMENTATION OF THE FEDERAL hold until this year. They include an effort to curb the use REAL ID ACT of radio frequency identity tags (RFID’s) in commonly used government-issued identity documents, including drivers’ In May 2005, Congress enacted the licenses, until appropriate safeguards are in place to prevent Real ID Act, without the benefit of the unauthorized remote detection of personal information public hearings. Implementation of and to protect individual privacy (SB 768), and a bill to al- this new law threatens to have far- low “death with dignity” in California by ensuring the rights reaching consequences for individual of mentally capable, terminally ill adults, with six months privacy in California and huge fiscal or less to live, to legally obtain and use prescriptions if they impacts on the states. The ACLU choose to die on their own terms (AB 651). Also returning is leading efforts to persuade state next year is a bill to reduce the likelihood of false confes- legislatures and leaders to challenge sions by requiring electronic recordings of the interrogations implementation of the federal law, of those in police custody who are accused of homicides or including here in California. other violent crimes (SB 171). The Real ID authorizes the cre- Eerily reminiscent of the racially polarizing debates sur- ation of one of the most comprehen- rounding Proposition 187 a decade ago, a number of civil sive personal databases in American liberties opponents in the Legislature introduced bills and history, one that lists and contains proposed constitutional amendments targeting California’s detailed information on virtually undocumented immigrants in 2005. Efforts included pro- every person over age 16. It also cre-

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ACLU BECAUSE FREEDOM CAN’T PROTECT ITSELF | 5 DEATH PENALTY ON TRIAL s San Quentin’s death chamber prepares for its third execution in three months, the ACLU of Northern California is stepping up its campaign against capital punishment. In April, the affiliate will co-sponsor a Aconference at the UCLA Law School called “The Faces of Wrongful Conviction.” Following are reports on efforts to bear witness to state-sanctioned killing and highlight problems with the death penalty.

MIKE FARRELL: BEARING WITNESS, BEARING CHANGE By Erika Clark

ike Farrell soared in the hit TV shows M.A.S.H. and that innocent people are trapped in the system and that it’s MProvidence, but to many, he has ascended to even more expensive to kill than it is to put them in prison for the greater heights through his steel commitment to humani- rest of their lives. tarianism. Upon meeting Farrell, president of Death Penalty Focus, I discovered a man with a frame taller than most, eyes CLARK: I think on some sort of fundamental level a brighter watery blue than most, and a spirit more apt to people are beginning to get it. How do you ap- embrace than most. His honed ability to empathize makes proach the issue with victims’ families? him vulnerable, yet unrelenting in his advocacy to reform FARRELL: It’s a very hard thing. What I try to do is say this our justice system. is not about my morality being higher than your morality, but what we as a society have to do is figure out what works CLARK: You’ve been advocating against the death for us. How do we establish a set of laws and a set of policies penalty for almost 30 years. What in your back- and practices that help us become the society we endeavor to ground has better enabled you to clearly see injus- be. This is not about you being wrong and me being right. tices in the administration of the death penalty? This is about how do we come together and say, “Let’s create FARRELL: An experience I had when I was in my mid-20s, a system that serves us all.” I guess. I was part of a halfway house program for those re- CLARK: cently released from prison. And part of that is what moved So what do you think we can do to support me in the direction of being opposed to the death penalty. a moratorium on executions? Mike Farrell Being involved in the lives of those formerly incarcerated and FARRELL: The people of California supported the creation FARRELL: I think the human rights movement is now ex- seeing many of them succeed sensitized me to a lack of fair- of the Commission for the Fair Administration of Justice ness that is threaded throughout our prison system. So when panding its reach. It was a big deal for Human Rights Watch with a specific mandate to review the death system. So that and Amnesty International to come out against the death I meet someone on death row who is incredibly bright, who gives us a big leg up. The appropriate thing for the legislators has had as ugly a history as a human being could ever have, penalty, for the ACLU as well. They lost a lot of membership and Gov. Schwarzenegger to do, given the fact that this com- and then I witness the potential for them to develop into a because of it. Now many human rights organizations are get- mission is in operation, is to declare a moratorium, to simply ting into the area of gay rights. It’s about recognizing human- thinking, caring human being, it magnetizes me. I just think, stay executions until we know whether or not the system is “This can’t happen. You just can’t kill this human being.” ity and with humanity comes certain inalienable rights as the working. Constitution says. So I think the human rights movement is CLARK: But the system remains impersonal. at once being broadened to include more nations and more CLARK: Well, I certainly think momentum is gain- cultures and at the same time is being challenged to filter FARRELL: In the system there is what I call an institutional ing for a moratorium when you consider the public down into cultural areas that have been ignored over time imperative against the admission of error. States, counties, debate on the execution of Stanley Tookie Williams. because they were considered “dangerous.” jurisdictions, district attorneys offices –they never want to What did you think of the governor’s decision to admit that they’ve made a mistake. And you see it. We’ve got deny clemency? CLARK: Well, you certainly do what many are afraid 118 people now freed from death row and the prosecutors FARRELL: With the majority of the world’s nations abandon- to do—by being a witness to death. When you continue to insist that’s the guilty guy. ing state killing, Gov. Schwarzenegger instead washed his think about your own life, how do you want to be hands, Pilate-like, and ordered the extermination of a man remembered? CLARK: Having navigated many political waters who had become a force for good in our society and an ex- FARRELL: yourself, what do you think are the best strategies There’s an image that stays with me. When I was in ample of hope for misdirected youth. He chose rank politics Rwanda we were at church where an incredible slaughter took that can move politicians to take a stand against over justice, poisoning the hopes of our youth with the very the death penalty? place. Inside the chapel was needle that took Stan’s life. “ THIS IS NOT ABOUT YOU almost beyond description. FARRELL: Our so-called political leaders are not leaders, BEING WRONG AND Outside the church there were they’re followers. We really have to educate the people. We CLARK: Williams is certainly a compelling example, piles of bones and there were have to move the people. but I continue to be struck with your ability to ME BEING RIGHT. THIS some skeletons of those who “ LITTLE BY LITTLE, YOU We have to encourage identify with the underdog. IS ABOUT HOW DO WE had been killed still wrapped them to understand that DEMONSTRATE THAT FARRELL: We’re all a product of our environment as well COME TOGETHER AND in clothing. And we came to the death penalty’s harming as our genes, but I think the truth is that I was a terrified understand there was an area INNOCENT PEOPLE ARE all of us. It’s not just killing child and my father was not a brutal man but terrifying. SAY, LET’S CREATE A where the children had been this bad person, it is harm- So I always identified with the underdog, always have and SYSTEM THAT SERVES secreted away in the hope that TRAPPED IN THE SYSTEM ing all of us. always will, I guess. And I’m a great believer in justice. I US ALL.” they would not be killed and AND THAT IT’S MORE think that justice must be done, and to the degree that I have of course, they were. One of CLARK: EXPENSIVE TO KILL THAN Right. the capacity to contribute to that, I will. –MIKE FARRELL the figures on the ground was IT IS TO PUT THEM IN FARRELL: I’ve heard from the skeleton of a man still in any number of prison of- CLARK: Not only have you been vigorously involved in his clothing. You could tell that it was the skeleton of a man PRISON FOR THE REST OF ficials helping to adminis- death penalty issues, but you have also been involved who had been killed in the midst of running. And for myself, THEIR LIVES.” ter the death penalty that, in human rights issues spanning much of the globe. because of the posture of the figure, the direction he was go- –MIKE FARRELL “It’s just a terrible, terrible You are co-chair of Human Rights Watch in Califor- ing, I believe he was rushing toward the children. There is thing that we are doing to nia and, after a trip to Bosnia and Somalia, you were no better way to either die or to be remembered than having ourselves to walk people named Good Will Ambassador for the United Nations spent your last ounce of energy to help somebody. through this process and ‘escort them, to their deaths.” So High Commissioner for Refugees. What do you think that’s a point I try and make. Little by little, you demonstrate is next for the human rights movement? CLARK: Thank you. n

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6 | ACLU BECAUSE FREEDOM CAN’T PROTECT ITSELF BRAVE AND WEARY KEEP VIGIL FOR STANLEY TOOKIE WILLIAMS By Natasha Minsker hen Bryan Stevenson told Rosa Parks that he represented death row inmates in Alabama, she shook her head and said, “Son, Wthat work will make you tired, tired, tired.” Stevenson nodded in agreement and said, “Yes, I am tired, very tired” to which Parks placed her hand on his knee and said, “Son, you must be brave, brave, brave.” And brave is what I tried to be at 12:01 a.m. on Dec. 13, filled with emotion that night. When Joan Baez took the 2005 as I kept vigil for Stanley Tookie Williams outside San stage early in the evening to sing “Swing Low Sweet Chariot,” Quentin Prison along with 2,000 others. For months, I had her eyes brimmed with tears.

been working with death penalty opponents and Williams’ At midnight, the crowd grew quiet and tense. Rabbi Alan © 2005 GEORGE ELFIE BALLIS/SUNMT defense team to spread awareness of his plight and of proposed Lew of San Francisco’s Congregation Beth Shalom, who has People gathered at the midnight vigil for Stanley legislation to put executions on hold while an kept vigil at nine executions, told us that the Tookie Williams. independent commission studies flaws in the PEOPLE FROM ALL next half hour would be difficult. Children of criminal justice system. all ages read from Williams’ books, filling the Less than ten hours earlier, we had learned that WALKS OF LIFE HAD air with his words even as the state prepared walk. At 12:05 a.m., I pictured him standing inside the death Gov. Arnold Schwarzenegger refused to grant COME TOGETHER FOR to silence him forever. A minister from the chamber, knowing he would never leave that room alive. Williams’ clemency. And so we had come to the ONE PURPOSE: TO Nation of Islam took the stage and prayed for By 12:15 a.m. I saw him strapped to the gurney, needles gates of San Quentin Prison to bear witness to a moratorium on executions. piercing his skin as the guard fumbled with the IV, the last the state of California killing a man that many SAY THAT IT IS SIMPLY It was in some sense a moment of transcen- physical contact with another person that he would ever have. in the crowd had come to know, if not personally WRONG FOR THE dence. People from all walks of life had come By 12:35 a.m., we had not heard any news and so we gath- then through his redemptive work to keep young together for one purpose: to say that it is simply ered on the makeshift stage outside the San Quentin gates people out of gangs. STATE TO KILL A MAN. wrong for the state to kill a man, this man. and sang “We Shall Overcome.” We did so not because we I never met Williams, founder of the Crips But the unified purpose was also eclipsed believed we could save Williams’ life, but because we needed street gang. But I can still hear his voice in my by suffering. Those who had never gone to an to draw inspiration from the civil rights movement. We head from listening to his lectures and reading his books. execution suffered from not knowing: “Tell us what’s going needed to resurrect the spirit of Rosa Parks and many other Indeed, in the days leading up to his execution, Williams was on!” they yelled, not understanding that once the macabre brave souls so that we could be brave when the word came no longer viewed by the world as an anonymous prisoner ritual begins, those involved do not communicate with those down that Tookie was dead. n identifiable only by his mug shot. He was a human being outside the gates until the death is confirmed. Others, in- Natasha Minsker is Death Penalty Policy Director for the that many felt a connection with, a man who was about to be cluding myself, suffered from knowing too much. ACLU of Northern California killed in a cold, calculated and clinical manner. Just before midnight, I saw in my mind’s eye Stanley Tookie Those who had worked hard to save Williams’ life were Williams in shackles, walking the last 15 feet he would ever

HUNDREDS GATHER FOR BILL OF RIGHTS DAY CONTINUED FROM PAGE 1

Fresh from advocating—successfully, as it turned out—for Nobel Peace Prize nominations, was pronounced dead from a moratorium on executions in New Jersey, Sister Helen told lethal injection at San Quentin Prison at 12:35 a.m. on Dec. reporters at a press conference that the message Gov. Arnold 13. The execution of Clarence Ray Allen, the oldest and frail- Schwarzenegger sent out by refusing to grant clemency to est inmate on California’s death row, followed on Jan. 17. Williams is: “Don’t tell us you changed your life. Don’t tell us Along with the death penalty, Ehrlich discussed a broad you are helping the children. We have to kill you.” range of issues, including the Patriot Act, the impact of Hur- Still, Sister Helen said she has faith that the American peo- ricane Katrina on poor minorities and the ACLU’s victory in ple are not vengeful and will reject the death penalty when defeating the Prop 73 parental notification initiative. they learn that it is “bet- “With a winning coalition and a smart political campaign, ter to heal and transform we were able to defeat that initiative and defend teenagers’ than to imitate violence right to privacy and safety,” Ehrlich said. blindly.” As well as paying tribute to ACLU old-timers, the 2005 Other speakers also Bill of Rights Day program featured a budding generation

appealed for Williams’ of civil rights activists, including students from the How- MICHAEL WOOLSEY life: “Williams is a liv- ard A. Friedman First Amendment Project. They showed Sister Helen Prejean speaking after being awarded ing example of reha- a slide show of their summer field trip investigation of the Chief Justice Earl Warren Civil Liberties Award. bilitation, the power of California’s juvenile justice system. Also representing renouncing violence in young voices for justice with their powerful slam poetry a violent world,” said As- were members of Youth Speaks, a San Francisco-founded After accepting the award from Penn, Sister Helen MICHAEL WOOLSEY semblyman Mark Leno, spoken word and creative writing program. launched into a speech about her life and awakening through Natalie Wormeli accepts co-sponsor of the mora- Actor Sean Penn, who administering to the poor in New Orleans’ St. Thomas hous- the Dick Criley Activist torium bill. MORE THAN 700 MEMBERS got to know Sister Helen ing project and befriending death row inmate Patrick Son- Award for the Yolo County In her state-of-the- while working on the nier, who was executed on April 5, 1984. ACLU Chapter. union speech, ACLU- AND SUPPORTERS OF 1995 film based on her “There in my heart that night, there was a very clear sum- NC Executive Director THE ACLU OF NORTHERN book, “Dead Man Walk- mons,” she said. “The American people will never see this, so Dorothy Ehrlich vehemently echoed the sentiments that CALIFORNIA GATHERED ing,” presented the Baton- I have to tell this story. Then I began to write.” executions should be put on hold. Rouge-born Catholic nun Honoree Micky Welsh received the Lola Hanzel Coura- “No one should be put to death … while a commission AT THE SAN FRANCISCO with the ACLU-NC’s geous Advocacy Award for her more than two decades of studies wrongful convictions and flaws in the death penalty MARRIOTT ON DEC. 11. Chief Justice Earl Warren dedicated service to the ACLU. She recalled how she and system,” she said. “No one should be put to death when Civil Liberties award. her longtime partner, Kathy Stone, were first drawn to the more than 122 people have been released from death rows “She is a true dove to ACLU in 1978 and how it helped shape them. because they did not commit the crimes for which they were ride the back of,” Penn said, echoing the words of a Youth “When Kathy and I graduated from law school, we convicted.” Speaks slam poet who had performed earlier. He noted that wanted to save the world, but we didn’t know how,” she said. Sadly, the 51-year-old Crips gang founder, whose redemp- the death penalty “is more a reflection of how we fear death “The ACLU has given us skills, but even more, the ACLU tive efforts to steer kids away from gangs earned him several than how we deal with retribution.” has given us hope.” n

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ACLU BECAUSE FREEDOM CAN’T PROTECT ITSELF | 7 CONFERENCE TO SPOTLIGHT FACTS ABOUT WRONGFUL TRAGEDIES OF WRONGFUL CONVICTION CONVICTIONS By Stella Richardson n California’s penal system is the third largest in WHAT: Conference on “The Faces of Wrongful Conviction.” the world and has put more innocent people WHEN: April 7-9, 2006 behind bars than any other state WHERE: UCLA Law School n At least 200 Californians have been freed – al- most twice the number of innocent people as or the first time ever, California men and women considers the findings of the Justice Commission.” The in Illinois and Texas combined who were exonerated after being convicted of crimes Justice Commission will submit its findings to the Leg- F n Of 163,500 inmates in California prisons, an they did not commit will gather this spring at UCLA Law islature and the governor no later than December 31, estimated 8,000 are believed to be innocent School, along with leading experts on criminal justice, 2007. civil rights advocates and elected officials. Leading experts speaking at the conference will include n 60 percent of wrongful convictions involved The dual goal of the “Faces of Wrongful Conviction” Barry Scheck and Peter Neufeld, co-directors of New at least one mistaken eyewitness conference is to illustrate both the tragedies of wrong- York’s Innocence Project at the Benjamin N. Cardozo n 63 percent included police error or miscon- ful conviction and the unfair application of the death School Law; Lawrence Marshall, Stanford University law duct penalty. In California since 1990, more than 200 people professor and founder of the Center on Wrongful Con- n 20 percent included a snitch who committed have been freed from prisons after being found innocent viction at Northwestern Law School, and Bryan Steven- perjury of the crimes for which they were convicted. Some served son, executive director of the Equal Justice Initiative of more than 20 years in prison until new evidence proved Alabama. n 50 percent included prosecutorial error or their innocence. Conference planners hope to tell the stories of the ex- misconduct “This conference is especially timely as the California onorees, provide new research illustrating the problems n Innocent men and women spend an average Commission on the Fair Administration of Justice ex- with California’s criminal justice and death penalty sys- of 13 years in prison for crimes they never amines the causes of wrongful convictions and examines tems, and propose concrete solutions. Death Penalty Fo- committed the administration of the death penalty,” said Natasha cus, the California ACLU affiliates, Northern California Minsker, ACLU-NC Death Penalty Policy Director. “At Innocence Project and Amnesty International USA are (From San Francisco Magazine, November the same time, the California Legislature will be voting among the organizations sponsoring the conference. 2004) on a moratorium bill, AB 1121, which would temporar- Pre-registration has begun. For more information, visit ily suspend executions in California until the Legislature www.stopwrongfulconvictions.org

was taking care of his children, he wrote, “I’m not going to who are now young teens, and lives in Point Arena where EXONEREE PROFILES make it in here. Just pretend I’m dead and just go on with he is a fisherman. The rape victim, who is now 24, called your life, because I’m not going to make it; they’re going to The Record newspaper in Stockton after reading about his By Stella Richardson kill me in here.” release, and said Lodi police made her say Rose did it. During Rose’s first few years of imprisonment, his PETER J. ROSE: NEARLY TEN YEARS mother brought his children to visit him. But in the mid- HERMAN ATKINS: IDENTIFIED FROM OF HARD TIME FOR A RAPE HE DIDN’T 1990’s, California passed a law that prevented convicted sex offenders from visiting with their own children. A ‘WANTED’ POSTER FOR A SHOE COMMIT Things started looking up in 2003 when the Northern STORE RAPE California Innocence Project at San Francisco’s Golden On the morning of Nov. 29, 1994, in Lodi, California, Gate University began to look into Rose’s case. Initially, On April 8, 1986, a man entered a shoe store in Lake a 13-year old girl on her way to school was grabbed and county officials maintained that all the evidence had been Elsinore, California, and raped and robbed a female em- dragged behind a house by a man who punched her in the destroyed. However, in a remarkable breakthrough, stu- ployee at gunpoint. As part of the investigation, police face, assaulted and raped her. dents found one critical piece of evidence in a Berkeley took a sample of the semen that the rapist had wiped The victim told police that her attacker was a stranger laboratory: a cutting from the victim’s underwear. DNA on the victim’s sweater and medical personnel collected and that she did not get a good enough look to identify testing proved that Rose was not the rapist, and resulted in vaginal swabs. At the police station, police showed the him. However, the victim’s aunt told police that a compos- his release from prison in 2004. When he walked out of the victim high school yearbook photos, but she didn’t see ite sketch of the attacker published in the local newspaper Mule Creek prison gates, his children ran into his arms. her attacker in them. She did however identify Atkins resembled 27 year-old Peter Rose, a neighbor and father of A year later, Rose was declared factually innocent after from a “Wanted” poster on unrelated charges that hung four small children. serving nearly ten years of hard time for a crime he never in the police station, and identified him again in a police Her assertion led police to include Rose’s picture in a committed. The Lodi police investigated themselves and lineup. Someone working in the store next to the shoe photographic lineup shown to the young girl the day after found no wrongdoing. The real perpetrator has not been store also identified Atkins as the assailant after seeing the rape. Though she could not identify her attacker from identified. the “Wanted” poster. the photographs, her aunt continued to point to Rose as What kept him going? The letters from his kids saying, At his trial, Atkins presented alibi witnesses and testi- the possible rapist . Three weeks after the rape, following “I love you.” He is now reunited with his four children, fied on his own behalf. The prosecution presented two a grueling three-hour interrogation, the girl tentatively eyewitnesses as well as a state criminologist who con- named Rose. cluded from the semen deposit found on the victim’s Rose was arrested four days before Christmas in 1994. In sweater that Atkins was among 4.4 percent of the popu- his narrative for the book “Surviving Justice,” Rose wrote: lation that could have committed the rape. The jury “I remember the day that I was arrested really well, like convicted Atkins, and he was sentenced to more than 45 it was yesterday. I had my son on my shoulders. We were years in prison. going to the store to get some chips and soda. And the next The Innocence Project at Cardozo School of Law thing you know I have police officers rolling up behind me in New York took his case in 1993, but the district in a police car, telling me to freeze.” attorney refused to grant access to the biological At the trial, the young girl identified Rose as her attacker evidence for DNA testing. It wasn’t until 1999 with certainty. A state criminologist testified that Rose that they finally secured an order for DNA testing. was within 30 percent of the population who could have Though the vaginal swabs had been destroyed dur- produced the semen found on the victim’s underwear. The ing testing conducted at the time of trial, sperm prosecutor relied on this evidence in his closing argument collected from three different parts of the sweater

to corroborate the eyewitness testimony. On April 5, 1996, MICHAEL WOOLSEY excluded Atkins as the perpetrator. Atkins was re- Rose was convicted and a judge sentenced him to 27 years Anti-death penalty activist Sister Helen Prejean leased from prison in February 2000 after serving in Mule Creek State Prison in Ione, California. (center) with two exonerees—Greg Wilhoit (left) more than 11 years in prison. The real rapist has not As a convicted sex offender, Rose was attacked several and Shujaa Graham—at Bill of Rights Day. been identified. n times by fellow inmates. In a letter to his mother, who

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8 | ACLU BECAUSE FREEDOM CAN’T PROTECT ITSELF NO ON PROP 73: A CAMPAIGN TO REMEMBER CONTINUED FROM PAGE 1

Margaret Crosby, staff attorney with the ACLU of Northern “They wanted to do it again.” California (ACLU-NC) has been instrumental in keeping paren- Another fond campaign memory for Cramer was running tal consent laws off the books in California. In challenging Prop the first Marin County phone bank. The volunteers were all 73, she spoke persuasively in public forums on the initiative’s dedicated activists, particularly one named Libby, who had HOW WE DEFEATED PROP 73 threat to teen health and safety, as well as reproductive rights. never worked a phone bank in her life. The measure described a fetus as a “child conceived but not yet After making the first call, Libby shrieked with joy. It turned TOTAL “NO” VOTES born.” out that the person on the other end had been none other 3,465,629 (52.6 percent) Crosby has seen abortion than Bonnie Anderson, TOTAL “YES” VOTES foes returning time and the ACLU-NC finance 3,130,062 (47.4 percent) again with new and insidi- and administrative direc- ous ways to restrict access tor, who not only agreed to safe and legal abortions, wholeheartedly with Lib- A WINNING COALITION and anticipates yet another by’s pitch, but allowed her Planned Parenthood, ACLU and challenge in the not-too- to run through the entire NARAL Pro-Choice California. distant future. script. “All the dread that “As we enter 2006, usually accompanies phone CAMPAIGN ACTIVITIES reproductive freedom in banking was gone and she America is on the preci- eagerly plugged away at Phone banking, precinct walking, public informa- pice,” Crosby said. “With her list,” Cramer said. tion events, fundraisers and media commentary an administration hostile to Another of Cramer’s abortion and birth control, favorite campaign memo- THE RESULT a Congress poised to enact ries is the mock Prop 73 San Francisco voters (79 percent) cast the highest cruelly restrictive laws, Judicial Bypass event at the number of “No” votes, and Marin County the sec- and a changing Supreme UC Berkeley campus. The Volunteers throughout northern California helped ond highest. Also 66 percent of San Mateo County Court, creative advocacy setup was intended to dem- defeat Prop 73. voters opposed the proposition. will be critical to securing onstrate what teens have to meaningful reproductive choice, especially for vulnerable go through to get a judge to waive the requirement to notify young and poor women.” their parents. The scheduled event was rained out, so it ended Voters in support of the measure came mostly from Still, future challenges don’t detract from the success of up being held at Halloween, which made for a great turnout southern, mountain and Central Valley counties, defeating Prop. 73. The effort demonstrated to Gelender and at Sproul Plaza. such San Bernardino, Riverside, Orange, San Diego campaign coordinator Becca Cramer the power of grassroots Students moving through the mock maze were able to see and Fresno. However, in Los Angeles County, Prop activism over big-money politics. Prop. 73 was bankrolled by how it feels to be pregnant teen trying to get court permis- 73 was defeated by 57-43 percent margin. San Diego newspaper publisher James Holman, winemaker sion to bypass parental notification. Many were guys who had Don Sebastiani and Domino’s Pizza founder Tom Monaghan, been indifferent to Prop 73 until they entered the maze. One all staunch opponents of abortion. of them, Cramer recalls, was on his way back to work from were doing—both that day and throughout the campaign— Cramer remembers the rainy night before the election when lunch. After trying the maze, he talked to Cramer about how was really impacting people in profound ways,” Cramer said. volunteers at a dozen different locations wore sandwich boards difficult and scary the judicial bypass process had been for “It made me so happy that it was difficult to hold back and not urging a “no” vote on Prop. 73. Nobody complained about him, even though it was make-believe. give him a huge hug.” n getting drenched. “The volunteers loved it,” Cramer recalls. “I think that was the moment when I realized that what we

NATIONAL ACLU NEWS ROUNDUP

ACLU CALLS FOR INVESTIGATION INTO NSA DOMESTIC ACLU DISCOVERS FBI SPIED ON ENVIRONMENTAL AND nia affiliates and chapters, Greenpeace, People for the Ethical SPYING PROGRAM ANIMAL RIGHTS GROUPS Treatment of Animals, United for Peace and Justice, Food not In a formal request to Attorney General Alberto Gonza- The ACLU has obtained documents through Freedom of Infor- Bombs, Code Pink, UC Santa Cruz Students Against the War, les, the ACLU has called for the immediate appointment mation Act requests that show the FBI used counterterrorism Fresno State Campus Peace and Civil Liberties Coalition, Peace of an outside special counsel to investigate and prosecute resources to monitor and infiltrate domestic political organiza- Fresno, War Resisters League West, College Not Combat, and any criminal acts and violations of laws as a result of the tions that criticize business interests and government policies. the American-Arab Anti-Discrimination Committee. National Security Agency’s surveillance of domestic targets The documents show that groups monitored by the FBI as authorized by President Bush. under the agency’s expanded definition of “domestic terror- ACLU APPLAUDS “INTELLIGENT” DECISION “President Bush’s disregard and disrespect for the Con- ism” include Greenpeace, People for the Ethical Treatment of A Pennsylvania federal judge in December sided with the stitution are evident, but in America, we are all bound by Animals, the American-Arab Anti-Discrimination Committee ACLU in his ruling that “intelligent design” would violate the the rule of law,” said Anthony D. Romero, ACLU Executive and the Catholic Workers Group. Constitution if taught in public school science classrooms be- Director. “The president took an oath to ‘preserve, protect “The FBI should use its resources to investigate credible cause it is a religious belief and not a valid scientific theory. and defend the constitution of the United States.’ He can- threats to national security instead of spending time tracking The landmark case Kitzmiller v. Dover is the first legal chal- not use a claim of seeking to preserve our nation to under- Americans who criticize government policy, or monitoring lenge to teaching “intelligent design,” an assertion that an mine the rules that serve as our foundation. The Attorney groups that have not broken the law,” said Ann Beeson, As- intelligent supernatural entity has intervened in the history of General, who may have been involved with the formulation sociate Legal Director of the ACLU. “Labeling law abiding life. On behalf of 11 parents of students in the Dover Area of this policy, must appoint an outside special counsel to let groups and their members ‘domestic terrorists’ is not only ir- School District, The ACLU of Pennsylvania, Pepper Hamil- justice be served.” responsible, it has a chilling effect on the vibrant tradition of ton, LLP and Americans United for the Separation of Church The Foreign Intelligence Surveillance Act of 1978 states political dissent in this country.” and State challenged the school board’s 2004 policy requiring that electronic surveillance is only permissible following “a ACLU affiliates in 20 states have filed similar requests on high school science teachers to present “intelligent design” as search warrant or court order.” The statements of the presi- behalf of more than 150 groups and individuals. Last year, an alternative to evolution. dent and other officials make it clear that domestic surveil- the ACLU of Colorado revealed that the FBI had tracked the Judge John E. Jones III ruled that the policy violated the plain- lance, without court approval or review, has occurred and names, license plate numbers and vehicle registration infor- tiffs’ religious liberty and that the school board acted to promote will continue to occur. mation of participants at a peaceful protest in 2002 of the their own religious views rather than advance science education. The ACLU’s call for an independent special counsel North American Wholesale Lumber Association in Colorado “The verdict is truly a victory for the Constitution,” said ACLU follows its expedited records request, under the Freedom Springs. of Pennsylvania Legal Director Witold Walczak, a lead attor- of Information Act, to the NSA, the Department of Meanwhile, the ACLU’s three California affiliates are seek- ney for the plaintiffs. “We are very pleased Judge Jones agreed Justice and the Central Intelligence Agency for informa- ing information about the intelligence gathering efforts of law with the plaintiffs and that public school science instruction tion about the NSA’s program of warrentless spying on enforcement agencies in this state. Public records act requests will not be muddled with religious beliefs masquerading as Americans. filed with the state attorney general focus on the California scientific theories.” n Anti-Terrorism Information Center’s policies and information the agency may have received regarding the ACLU’s Califor-

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ACLU BECAUSE FREEDOM CAN’T PROTECT ITSELF | 9 SAN JOSE OFFICE OPENS ITS DOORS By Amy Kurren or the first time in its 72-year history, the ACLU of Northern California has opened a satellite office to meet the region’s growing Fcivil liberties demands. The new San Jose office opened Nov.16 with a fiesta-style reception for the South Bay’s news reporters, nonprofit advocacy groups, elected officials and other community members.

Aside from establishing a strong ACLU presence in one Bery is well positioned to build partnerships with activists in of the nation’s most populous and diverse cities, the San the South Bay. TYLER CUTIERREZ Jose branch will focus on privacy issues related to emerging “I am excited to be joining the family of organizations in San Jose office director Sanjeev Bery with ACLU- technology, policing, ra- San Jose fighting for NC executive director Dorothy Ehrlich. cial profiling, immigrant civil liberties, and hope rights, and reproductive together we can ensure At the San Jose office, Ozer will focus on email privacy, rights, among other areas. that our core freedoms personal surveillance, and Radio Frequency Identification tags “This is a time of are advanced,” Bery (RFIDs), among other technology concerns. “We want to tremendous assault on said. encourage and spur technological innovation, but at the same civil liberties,” said Doro- Lately, Bery has been time protect our privacy,” thy Ehrlich, Executive busy working with vari- “ I AM EXCITED TO BE Ozer said. Director of the ACLU ous groups to reform JOINING THE FAMILY OF At the reception, com- of Northern California the way San Jose police munity leaders and activ- (ACLU-NC). “We hope use Taser stun guns. ORGANIZATIONS IN SAN ists heartily welcomed the the San Jose office will add Two San Jose men have JOSE FIGHTING FOR ACLU-NC’s decision to open to the tremendous leader- died in the last year CIVIL LIBERTIES, AND a San Jose branch. Supervisor ship here, and that we can after being Tasered by Jim Bell spoke of the need to work together to promote police. HOPE TOGETHER WE protect the civil liberties of all our rights.” Meanwhile, the CAN ENSURE THAT OUR South Bay residents, from im- Sanjeev Bery, a Modesto TYLER CUTIERREZ office’s setting in the CORE FREEDOMS ARE migrants to the thousands of native and Indo-Ameri- Technology & Civil Liberties policy director Nicole Ozer nation’s high-tech capi- inmates in the county jail. can, is director of the San (left), San Jose office director Sanjeev Bery, and ACLU- tal will be conducive to ADVANCED.” Supervisor Blanca Al- Jose Office. As an ACLU- NC associate director Maya Harris. the work of ACLU-NC – SANJEEV BERY, varado was also glad to have NC field organizer, he attorney Nicole Ozer, the ACLU close by. “I look rallied activists to call on Congress to reform the USA Patriot the affiliate’s Technology and Civil Liberties Policy Director. SAN JOSE OFFICE forward to you ensuring that Act and pass resolutions against the swiftly enacted anti-terror- “Silicon Valley is at the forefront of technological advance- DIRECTOR the mission of the ACLU is ism law. As the campaign’s chief liaison between the Northern ment, and as we advance, we need to make sure civil liberties foremost in the minds of the California ACLU affiliate and its 5,000 members in San Jose, don’t get left behind,” Ozer said. people here,” she said. n

SAN JOSE PROGRAM MONITORS ‘REAL ID’ LIKELY TO TECHNOLOGY’S IMPACT ON PRIVACY BE REAL NIGHTMARE

s part of an anti-terrorism measure, Congress AND FREE SPEECH Alast spring passed the Real ID Act, which would By Nicole Ozer essentially turn driver’s licenses into national identity cards. Backed by Republican Congressman James rom its home base in the new San Jose Office, the Tech- in the event that RFID tags are used in state identification Sensenbrenner, chairman of the House Judiciary Fnology and Civil Liberties Program is working hard to documents. Committee, the law requires that all state driver’s ensure that as technology advances, civil rights do not get left Moreover, the Technology and Civil Liberties Program licenses include a digital picture and the license behind. has also been extremely busy in its efforts to stop the prolif- holder’s information in a machine readable format New technology is truly revolutionizing how we commu- eration of public video cameras. Cities such as San Francisco, by 2008. All the information will be kept in national nicate and live. But, all too often, government or businesses Oakland, Richmond and Ripon, have either installed video databases accessible to all 50 states and the federal promote the ease and efficiency of a new technology while cameras on public streets or are considering doing so, despite government. overlooking or ignoring its privacy or free speech implications. long-term research that indicates video cameras are not effec- This way, states can detect duplicate applica- From Sutter to San Francisco, the program is a strong voice tive at preventing or reducing crime, that they sacrifice privacy tions, track down illegal immigrants and share driv- for civil liberties. by zooming in to monitor and record what you do and that ing histories. Meanwhile, the old driver’s licenses For example, when public school students as young as 5 they create a new and easy tool for discriminatory targeting, will no longer be accepted for such federal security years old in the small town of Sutter, California, were forced voyeurism, stalking or blackmail. purposes as boarding an airplane, opening a bank to carry RFID (Radio Frequency ID) embedded school The Technology and Civil Liberties Program has been in- account, or entering a federal facility. badges, the Technology and Civil Liberties Program rolled forming policymakers and the public that video cameras sacri- The ACLU objects to the law on grounds that it into action. fice precious civil rights for very little in return, and has been will violate privacy, target immigrants and expose We assisted parents in successfully arguing against the use of working with communities to advocate for real solutions such people to ID theft and other abuses. It is pushing RFID chips and forced the company to pull the program from as community policing that help make us safer while respect- for Congress to hold hearings and consider the civil the school district. The story attracted national and interna- ing civil rights. liberties and logistical consequences. tional attention, educated countless people about the dangers More information about the current work of the Tech- State motor vehicle officials, who are charged of RFID technology, and spurred lawmakers in California to nology and Civil Liberties Program and about ways that with carrying out the Real ID Act, say the logisti- introduce groundbreaking legislation, The Identity Informa- you can get involved is available by visiting our website at cal, technological and financial demands of the law tion Protection Act (SB 768). www.aclunc.org. n are unrealistic, and have serious doubts that states With continued pressure by ACLU members, SB 768 will be able to comply with the law. n and similar bills throughout the country will hopefully be Nicole Ozer is the ACLU-NC’s Technology and Civil Liberties signed into law this year to safeguard privacy and security Policy Director

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10 | ACLU BECAUSE FREEDOM CAN’T PROTECT ITSELF VOLUNTEER TO MAKE A DIFFERENCE CHAPTER EVENTS By Patrick Band, Sonoma County Chapter Board member uring the winter months, it seems we can’t turn on ern California, went so far as to stand in the pouring rain THE ACLU MID-PENINSULA CHAPTER the TV or walk outside without hearing pleas for the evening before Election Day, complete with sandwich D invites you to a support from countless needy organizations. Men and boards and handbills urging voters to reject Prop 73. This, wine and cheese get-together women with red kettles and bells ask for our change as after spending countless hours phone banking voters. Lo- we emerge from the grocery store or the mall. Glossy ads cal news media noticed our dedication and perseverance, Saturday, April 8 in magazines remind us of the many hungry children in and covered the event on the evening news. our own backyards. Radio commercials tell us how we That’s really what it’s about. Showing up, making a 4 - 7 p.m. can help a family in need; and our email inbox reminds strong case in person, and telling others how they can do us daily that there are always political causes in need of the same. It’s also, sadly, an area where far too many ACLU Fireside Room petition signers. chapters fall short. Volunteering should be rewarding. It Unitarian Universalist Church of Palo Alto With the buzz of all this generosity and activism, it’s should teach the individual about their community, and (UUCPA) easy to forget the one thing many organizations need most: benefit the organization at the same time. And if at all 505 E. Charlston, Palo Alto volunteers. The ACLU is no different. possible, it should be fun. That’s not to say that signing petitions, supporting bans A 2002 study on volunteering showed that “member- Mingle with the new Board Members, and get and sending letters to elected representatives explaining why ship in a volunteer organization is more likely to stimulate a chance to voice your concerns and help with we must repeal the PATRIOT Act is unimportant. But in my higher levels of electoral turnout and attentiveness to news solutions. Bring a guest and get them involved! view, what we need is an honest return to grassroots activism. and current affairs.” It went on to say that volunteers “show In the recent special election, the ACLU of Northern a feeling of being connected to their community, [exhibit] Directions: From 101 North or South: California came out in strong opposition to Proposition less risky behavior, and better performance in school and Take San Antonio Road exit. At the first light, take a 73, the Parental Notification Initiative. What looked like work” Maybe that’s why we won in November. Or maybe right onto E. Charleston and pass Middlefield Road. an impossible fight three months from Election Day trans- not. Either way, it’s not a bad argument for getting involved The UUCPA and parking will be on your right. formed into a last-minute victory through the dedication in your local chapter. n and hard work of hundreds of volunteers. Contact Harry Anisgard at (650) 856-9186 Much of the margin of victory is attributable to the Anyone interested in volunteering should contact their local for additional information. open, visible nature of the campaign. Volunteers in So- chapter or ACLU-NC volunteer coordinator Matt Walters noma County, and other communities throughout North- at [email protected] or (415) 621-2493 ext. 383.

ACLU-NC CHAPTER MEETING SCHEDULE

B.A.R.K.+ PLUS CHAPTER MEETING: Third Wednes- NORTH PENINSULA (DALY CITY TO SAN CARLOS) CHAPTER STANISLAUS COUNTY CHAPTER MEETING: Fourth Mon- day of each month at 7 p.m. Contact Roberta Spieck- MEETING: Fourth Monday of odd-numbered months day of every month from 7 – 9:30 p.m. at the Modesto erman for more information: (510) 233-3316 or at 7:30 pm, in the downstairs conference room at 700 Peace/Life Center, 720 13th Street, Modesto. Contact [email protected]. Laurel Street (off Fifth Avenue), San Mateo. Contact chapter hotline for more information: (209) 522-0154 or chapter hotline for more information: (650) 579-1789 or [email protected]. Contact Tracy Herbeck for more MT. DIABLO CHAPTER MEETING: Regular meetings. Con- [email protected]. information: (209) 522-7149. tact Lee Lawrence for more information: (925) 376-9000 or [email protected]. All ACLU members PAUL ROBESON (OAKLAND) CHAPTER MEETING: Usually YOLO COUNTY CHAPTER MEETING: Fourth Thursday of every in central and eastern Contra Costa County are invited fourth Monday of each month at the Rockridge Library (cor- month at 6:30 p.m. Contact Natalie Wormeli for meeting to participate. ner of Manila and College Ave.), Oakland. Contact Louise location: (530) 756-1900. Rothman-Riemer for more information: (510) 596-2580. MARIN COUNTY CHAPTER MEETING: Third Monday of each month at 7:30 p.m. at the West End Café, 1131 4th Street, REDWOOD (HUMBOLDT COUNTY) CHAPTER MEETING: Third NEW CHAPTERS ORGANIZING San Rafael. Contact Aref Ahmadia for more information: Tuesday of each month at 6 p.m. above 632 9th Street, (415) 454-1424. Or call the Marin Chapter complaint Arcata. Contact Greg Allen for more information: (707) CHICO AND NORTH VALLEY CHAPTER: Regular meetings. hotline at (415) 456-0137. 825-0826. Contact Laura Ainsworth for more information: (530) 894-6895 or email [email protected]. MENDOCINO COUNTY CHAPTER MEETING: Third Saturday SAN FRANCISCO COUNTY CHAPTER MEETING: Third Tues- of each month. Locations rotate throughout Mendocino day of each month at 7 p.m. at 1663 Mission Street, San SACRAMENTO COUNTY CHAPTER MEETING: Regular meet- County. For information on next meeting, contact Jesse Francisco. Contact Dennis McNally for more information: ings. Contact Mutahir Kazmi for more information: Jesulaitus at (707) 964-8099 or Linda Leahy at (707) (415) 896-2198 or [email protected]. (916) 686-8365 937-1485 or [email protected]. SAN JOAQUIN COUNTY CHAPTER MEETING: Regular meet- SOLANO COUNTY: Contact Don Halper for more informa- MID-PENINSULA CHAPTER MEETING: First Wednesday of ings. Contact John Schick for more information: (209) tion: (707) 864-8248 each month from 7 – 9:30 p.m. All meetings are at confer- 941-4422 or [email protected]. ence room of Community Activities Building in Red Mor- CAMPUS CLUBS ton Community Park at 1400 Roosevelt Avenue, Redwood SANTA CLARA VALLEY CHAPTER MEETING: First Tuesday of City. Contact Harry Anisgard for more information: (650) each month at 7 p.m. at 1051 Morse Street (at Newhall), BERKELEY CAMPUS ACLU: Every Tuesday at 7 p.m. at 121 856-9186. San Jose. For more information contact acluscv@hotmail. Wheeler Hall. For more information, visit www.berkeleyaclu. com or visit www.acluscv.org. com or contact Rosha Jones at [email protected] MONTEREY COUNTY CHAPTER MEETING: Third Tuesday of the month (Except August, December, and January) at SANTA CRUZ COUNTY CHAPTER BOARD MEETING: Last Mon- DAVIS CAMPUS ACLU: Contact James Schwab for more in- 7:15 p.m. at the Monterey Public Library. 625 Pacific day of every month at 7 p.m. at 260 High Street, Santa formation: (530) 756-1482 or [email protected] Street, Monterey. Contact Elliot Ruchowitz-Roberts for Cruz. For more information contact aclusantacruz@yahoo. more information: (831) 624-1180 or visit www.aclu- com or visit www.aclusantacruz.org SANTA CLARA UNIVERSITY LAW: Contact Pamela Glazner montereycounty.org. To report a civil liberties concern, for more information: [email protected]. call Monterey’s complaint line: (831) 622-9894 (Spanish SONOMA COUNTY CHAPTER MEETING: Third Tuesday of translation available). each month, at 7 p.m. at the Peace and Justice Center, 467 Sebastopol Avenue, Santa Rosa (one block west of Santa Rosa Avenue). Contact chapter hotline for more informa- tion: (707) 765-5005 or visit www.aclusonoma.org.

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ACLU BECAUSE FREEDOM CAN’T PROTECT ITSELF | 11 ACLU FORUM ASK THE EXPERTS! GANG INJUNCTIONS

WHAT ARE GANG n December 2004, the Yolo County district attorney issued a sweep- WHAT HAVE THE COURTS SAID INJUNCTIONS, AND WHY IS ing permanent civil injunction against the Broderick Boys, an alleged ABOUT THE CONSTITUTIONALITY THE ACLU AGAINST THEM? OF GANG INJUNCTIONS? criminal street gang. As a result, the civil liberties of many residents in Gang injunctions started in I In a case brought by the ACLU- California in the 1980s to put the largely Latino neighborhoods of West Sacramento have been curbed. NC, and decided in 1993, the an immediate stop to criminal Among other restrictions, the injunction forbids those identified by police California Supreme Court upheld activity and weaken the grip a civil gang injunction as a law of gangs over communities. as gang members from associating with one another in public inside a 3- enforcement tool. However, the Essentially, they criminalize mile “safety zone,” which includes 80 percent of the city and City Hall. courts have recognized the impact otherwise legal activities for a It also imposes on them a lifetime 10 p.m. curfew. Indeed those targeted that such injunctions can have on targeted group of people. Ini- constitutional rights, and have tially, gang injunctions were are living under much the same terms as criminals on permanent proba- thus required that the prosecu- focused on small areas, say, tion, without being convicted of a crime. Jory Steele, staff attorney with tor make the case by “clear and a few blocks, so their impact convincing” evidence and that was not as widespread. How- the ACLU of Northern California, is representing four West Sacramento the terms of the injunction be ever, in recent years, their men whose lives have been dramatically disrupted by the injunction. She narrowly tailored. That is why scope has broadened, making answers questions about this controversial crime-stopping measure and we feel that it is important to it harder for those who live represent persons affected by gang in the targeted “safety zone” why it threatens civil liberties. injunctions when the prosecutors to go about their daily lives. are overreaching and do not have Once an injunction has been sufficient evidence to prove that put in place, those covered by an organized gang is responsible it have limited recourse to challenge it. This is why it’s im- GANG INJUNCTIONS... or remove their names for a significant public nuisance. portant for law enforcement agencies requesting an injunc- from it. In response, the tion to notify all those named or targeted. In general, the RESTRICT THE CIVIL ACLU-NC filed a mo- ACLU of Northern California (ACLU-NC) is against gang LIBERTIES OF NOT ONLY tion asking the judge to IS THERE ANY EVIDENCE TO SUGGEST THAT GANG injunctions because they restrict the civil liberties of not THOSE SERVED, BUT ALSO set aside the injunction INJUNCTIONS WORK? MAYBE THEY HELP? only those served, but also their friends, family members because those targeted Evidence as to whether gang injunctions help is inconclusive and anyone who associates with them. Another reason the THEIR FRIENDS, FAMILY by it did not get their at best. In the case of West Sacramento, however, we do ACLU is against gang injunctions is because they dispro- MEMBERS AND ANYONE WHO day in court. However, know that community members of all ages and backgrounds portionately target people of color. a judge in November have protested the injunction. As yet, we have heard of not ASSOCIATES WITH THEM. denied the request, one community member who supports it. leaving the tight-knit HOW DOES A PROSECUTOR OBTAIN A GANG INJUNCTION? community of West Sacramento under the injunction’s Usually, a county district at- restrictive and divisive shadow. Those targeted cannot- at IS THERE A VIABLE ALTERNATIVE TO GANG INJUNCTIONS? torney or city attorney starts tend their children’s sports games, park barbecues or other Yes. Community policing is a better solution for curbing the process by building a case outdoor events for fear of running into others covered by crime. If people get to know and trust their local beat of- against a certain gang. This the injunction. This can get complicated. For example, if a ficers, they’re more likely to go to them with problems entails demonstrating that the child gets sick at night and needs to go to the hospital, the and let them know about suspicious activity. But in some gang is creating a public nui- parent can run the risk of being arrested for leaving home communities, people feel as afraid of police as they do of sance. The complaint can iden- after curfew. gangs. In West Sacramento, for example, there have numer- tify a gang in general terms, ous allegations of police brutality. It is therefore important or it can name suspected gang for police to build relationships in communities under their leaders or members. In the case WHAT CRITERIA DO POLICE USE TO IDENTIFY GANG protection. n Jory Steele of West Sacramento, for ex- MEMBERS? ample, the injunction applies to Under 11 criteria used by the West Sacramento police, a 350 individuals identified by the police, even though only person can be identified as a gang member if he or she fits 10 were actually named in the complaint. Those targeted into two or more of the following categories: ACLU FORUM by the complaint should be notified so that they have the 1. Admits to being a gang member. opportunity to challenge it in court. After all, once the in- The ACLU Forum is the place where you, our readers 2. Identifies himself as a gang member in written or other and members, can ask questions of our experts and junction is in place it is very hard to appeal. Also, if most of correspondence. share your comments with us. In each isue, we will those targeted are not named in the injunction, as was the 3. Is identified as a gang member by a known gang member. focus on one or two specific topics. case in West Sacramento, the police automatically have a roving warrant that allows them to serve anyone in the com- 4. Is tattooed with a gang logo or other specific gang tattoos. WE WANT TO HEAR FROM YOU! munity, a discretion that can lead to arbitrary enforcement 5. Wears gang clothing or gang colors, such as red or blue. For the next issue, and racial profiling. 6. Is seen in the company of known gang members. please send us questions about: 7. Is seen in a photograph of gang members. 8. Is contacted by police because of participation in gang- Government Spying & Surveillance WHY THE FOCUS ON WEST SACRAMENTO? related activities The Yolo County injunction is particularly egregious because We also encourage you to send letters to the editor on 9. Is seen displaying gang signs. of the way the district attorney rushed it through without any of the subjects we cover, though we cannot print meeting constitutional due process standards. Though the 10. Puts gang graffiti on personal belongings every letter or answer every question. Letters should injunction covers 350 suspected gang members and their 11. Is involved in gang-related crimes not exceed 200 words and are subject to editing. associates, the district attorney served only one person with Send your questions and comments to notice of the court hearing at which the injunction could [email protected] be challenged. That person was in no position to attend the WHAT IF I DON’T BELONG TO A GANG? CAN I STILL BE with the subject line “Letter to the Editor,” hearing, nor was he able to notify others of the injunction. IMPACTED BY A GANG INJUNCTION? or write to Nonetheless, the district attorney moved forward as though Yes. You can be subject to the injunction even if all you did Letter to the Editor his office had met the constitutional requirements. The re- was associate with gang members. Moreover, if your friends 1663 Mission Street #460 sult was, no one showed up for the hearing because they or relatives are subject to the injunction, your life can be San Francisco, CA 94103 were unaware of it, and thus were unable to challenge it affected by the restrictions imposed on them.

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12 | ACLU BECAUSE FREEDOM CAN’T PROTECT ITSELF