Illinois Brief Is It Illegal to Record the Police in Public? T Seems Like a Harmless Enough Exercise

A publication of the American Civil Liberties Union of Illinois » Volume 68 » Number 3-4 » Fall -Winter 2010

The Illinois Brief Is It Illegal to Record the Police in Public? t seems like a harmless enough exercise. You are walking down the Istreet and see the police engaged in a loud discussion with a motor- ist they have stopped on a public street. Something about the incident doesn’t feel right to you, so you pull out your smart-phone and use the built in audio/video camera to record the encounter – all while standing twenty feet away on a public side- walk. Turns out, however, that under Illinois law, the simple act of recording that very public conversation could land you in jail. And, for groups like the ACLU, using new technolo- gies to gather information about police activity also can be a violation of the law, even though the ACLU and like-minded groups often use that information to advocate change at the local, state and federal level. Chicago Police observe a rally at the James R. Thompson Center in Novem- ber of 2010. Responding to a series of incidents IN THIS ISSUE duct. In Champaign several years in which individuals in four coun- ago a group of community activ- ties in Illinois have been charged From the Executive Director...... 2 ists attempting to document police with violating Illinois’ eavesdropping practices in predominantly African- law for making audio recordings of Fusion Centers...... 3 American neighborhoods were public conversations with police, charged with violating the Illinois the American Civil Liberties Union Civil Union Bill Passes...... 4 eavesdropping law when they filmed of Illinois asked a federal court in and recorded police interactions August to rule that the First Amend- Settlement in Willams Case...... 5 with citizens in the public way. (The ment bans such prosecutions. charges were dropped only after the The ACLU lawsuit, filed in federal Ten Commandments Display...... 5 installation of a new state’s attor- district court in Chicago, argues ney.) In Chicago, State’s Attorney that individuals (and organizations RoadTrip Across Illinois...... 6 Anita Alvarez currently is prosecut- such as the ACLU) may make audio ing an individual for violating the (and video) recordings of police who Obituary: Clyde E. Murphy...... 7 eavesdropping statute by recording are performing their public duties police officers. in a public place and speaking in a Ending the Death Penalty...... 8 voice loud enough to be heard by the Illinois’ eavesdropping law is flawed unassisted human ear. Dr. David Zbaraz...... 9 because it criminalizes the recording of certain non-private conversations, The case is of particular import Reproductive Health...... 9 one of a small handful of states that because the law is being used to ar- does so. Yet even as the Illinois law rest and prosecute those who want 2010 Bill of Rights Celebration.....10 criminalizes civilians who audio re- to monitor police activity in order to deter or detect any police miscon- (continued on page 7) Board Nominations...... 11 For coverage of the passage of the civil union bill, turn to page 4. Page 2 » www.aclu-il.org Ninety Years

From Executive Director Colleen K. Connell

he year 2010 marks the 90th anniversary of the ACLU. We The ACLU will never renege on our commitment to Thave much to celebrate; we also have much to do. defend the Constitution.

The essence of our Constitution is In this vortex, the ACLU’s found- • Starting in the 1960s, the ACLU of a promissory note admonishing all ers saw a great need for organized Illinois challenged the Chicago Po- Americans to “establish justice” and resistance to unconscionable – and lice Department and the FBI for spy- to “secure the Blessings of Liberty to unconstitutional - repression. Cou- ing on innocent Americans simply ourselves and our posterity.” Unfor- rageously, they formed the ACLU because they opposed the Vietnam tunately, our grand constitutional to secure the Blessings of Liberty, War or promoted civil rights. aspirations are not self-enforcing. including the Bill of Rights, to all For its first 150 years, the Bill of persons. • In 1971, two years before the Su- Rights was worth little more than preme Court’s seminal Roe v. Wade the parchment on which it was writ- Consider some of the ACLU’s most decision, the ACLU of Illinois won a ten. significant battles: case striking down an Illinois ban on abortion. In 1920, the year of the ACLU found- • In 1941, after the attack on Pearl ing, America was a divided country. Harbor, the ACLU’s California af- • In 1977, the ACLU of Illinois fought We saw a surge in religious extrem- filiates challenged the detention of a life and death battle for the First ism – hoping to stop the advance more than 100,000 innocent Japa- Amendment by defending the right of science and secularism. We also nese-Americans. of neo-Nazis to demonstrate in saw a swell of government repres- Skokie. Although we abhorred the sion against those who sought to • A decade later, the ACLU chal- message, the ACLU established, un- protect the rights of women, im- lenged loyalty oaths that were part equivocally, that “The First Amend- migrants, workers, and racial and of an anti-communist witch hunt ment means that government has no religious minorities: targeted at teachers, scientists and power to restrict expression because other government employees. ACLU of its message, its ideas, its subject • Feminist Margaret Sanger was ar- of Illinois lawyers litigated nearly matter or its content.” rested repeatedly for speaking about 100 of these cases. women’s rights and for distributing We paid a huge cost for defending information about birth control. The • In the 1950s the ACLU joined with freedom of speech. The ACLU’s Supreme Court had never enforced the NAACP to confront the scourge stand in Skokie cost us 30 % of our the First Amendment to protect of racism, especially in public members, forcing us to lay off 40 % freedom of speech. schools. We also challenged laws of our staff. that denied people of color the op- • African-Americans were lynched portunity to own homes and to marry ACLU members in Illinois, our staff for political organizing and for exer- the person they loved. and our Board, including the late cising the right to vote. Victor Stone, Professor of Law at the • In the 1960s, the ACLU rallied re- University of Illinois and a giant in • The State of Tennessee passed a sistance to government censorship. constitutional jurisprudence, rebuilt law prohibiting teachers in public Our late board member Burt Joseph the ACLU. In the 1980s, 1990s and schools and universities from teach- led the charge against governmen- continuing today, we zealously de- ing “any theory that denies the story tal attempts to block sales of Henry fended freedom of speech, religious of the Divine Creation of man as Miller’s Tropic of Cancer and other liberty, reproductive choice, voting taught in the Bible.” literary works. rights, and due process and equal (continued on page 3) www.aclu-il.org » Page 3

ACLU / RBF Staff Colleen K. Connell From the Executive Director...... (continued) Executive Director protection of the law. We expanded Illinois and across the nation. K.T. Sullivan Associate Director our docket to challenge discrimina- • Making reproductive freedom a Mary Dixon tion against persons with HIV, and reality for all. Legislative Director added cutting-edge cases to reform • Ending racial profiling and revers- Khadine Bennett the child welfare system, the mental ing the disturbing trend of treat- Legislative Counsel health system, and the state system ing Americans of Arab or Muslim Marcia Liss for caring for persons with disabili- ancestry as “suspect” when flying or Development Director ties. seeking to build a place of Islamic Maureen Loughnane worship or education. Development Officer As you can see, we have much to Trisa Kern celebrate; as you know, we also have The ACLU will never renege on our Associate Development Director much to do. At the conclusion of commitment to defend the Consti- Jesse Larson Development Associate the ACLU’s next 90 years, we must tution. Together, we will achieve be able to say that we extended con- the goal that we have been pursu- Edwin C. Yohnka Director of Communications & Public Policy stitutional protections to all persons. ing since Roger Baldwin and Jane Ofelia Casillas That work will include: Addams first formed the ACLU – to Deputy Director of Communications • Curbing the surveillance society. ensure that the promise of our & Foundation Relations • Reforming our immigration Constitution is fulfilled and that we Allie Carter system. secure the Blessings of Liberty to all Senior Field Manager • Bringing marriage equality to Americans. Althea Walton Finance Director Illinois. • Ending capital punishment in Sylvia Bridges Office Manager ACLU Asks Court to Force Release of Information Cristen Adams Administrative Assistant About “Fusion Center” Legal Staff ne of the major challenges Harvey M. Grossman Legal Director across Illinois after the scan- Fusion centers have been a focal dals that rocked the guberna- point for controversy because they Benjamin S. Wolf O Associate Legal Director torial administrations of both George collect and share massive amounts Director, Institutionalized Persons Project & Children’s Initiative Ryan and Rod Blagojevich is making of personal information about government more open and trans- members of the public, often without Lorie A. Chaiten Director, Reproductive Rights Project parent. The ACLU of Illinois believes adequate safeguards, oversight and John A. Knight that such transparency must include transparency. Director, LGBT & AIDS Projects law enforcement, especially when Barbara P. O’Toole they are gathering sensitive, per- “It is dangerous when government Adam Schwartz Gail Waller sonal information about persons in – at any level – operates in secret,” Senior Staff Counsel Illinois. That idea is the central focus said Adam Schwartz, Senior Staff Leah Bartelt of a recent lawsuit filed by the ACLU. Counsel at the ACLU of Illinois. “It is Reproductive Rights Staff Counsel more dangerous here since the ac- Ari Cohn Noting that the Illinois State Police tivities of fusion centers around the Cat Itaya Karen Sheley (ISP) are not responding to lawful nation raise serious concerns about Krista Stone-Manista requests for documents under the centralizing unchecked authority in a Lori Turner Legal Fellows Illinois Freedom of Information Act, single agency. Combining unchecked Ray Hughes the ACLU of Illinois in September authority with secrecy is bound to Logan Turner asked a state court in Chicago to lead to abuse.” Legal Assistants compel the police agency to turn Officers of the Board of Directors over records about the Illinois The ACLU of Illinois has asked the Jill Metz President Statewide Terrorism and Intelligence court to order the ISP to share Heidi Dalenberg Center (STIC). STIC is Illinois’ “fusion critical information about the STIC, David Goroff center,” an entity that integrates including: STIC’s privacy policy to Cliff Kelley Diane F. Klotnia the gathering, storage, sharing protect innocent persons; records Monique Hanson and analysis of information about about STIC’s use of massive private Vice-Presidents suspected criminal activity among databases; and records about STIC’s Kerry A. Miller federal, state and local law enforce- use of the internet. Treasurer ment agencies in Illinois. Richard O’Brien (continued on page 8) Page 4 » www.aclu-il.org Civil Union Bill Passes the Illinois House & Senate y a vote of 32-24, the Illinois Senate approved the Illinois BReligious Freedom Protection and Civil Union Act (SB 1716), which extends critical legal protections to gay, lesbian and straight couples across the state. The vote followed by a day a vote in the Illinois House. Now, the bill moves on to the desk of Gov. Pat Quinn, who has promised to sign it.

“The votes in the House and Sen- ate reflect the triumph of hope and fairness over division and hate,” said Jill Metz, president of the ACLU of Illinois Board of Directors. “In a bi-partisan vote, legislators rejected the divisive and hate-filled language of opponents to SB 1716, who sought to elevate their ideology over the best interests of same-sex couples - and their families - across Executive Director Colleen Connell and Board President Jill Metz await the Illinois. Thousand of couples will vote in the viewing gallery of the Illinois House of Representatives. now breathe a bit easier and enjoy fewer worries in facing everyday life that the Illinois Human Rights Act oxygen tank in tow, to discuss her complications because of the cour- was amended to include protec- fear that her partner would not be age and decency of every legislator tions against discrimination based allowed to visit her in the hospital. who voted yes on SB 1716.” on sexual orientation or gender identity. Advocates, legislators and ACLU supporters sent nearly 5,000 The legislation will secure impor- Illinoisans of all stripes have worked emails to legislators and made tant rights and benefits to couples tirelessly for four years to move civil thousands of calls to urge passage who seek civil unions: the ability to union legislation forward, inch by of the legislation. Just as this was a share pension benefits and health inch. statewide effort, now the victory too insurance, the right to dispose of belongs to every Illinoisan. a loved one’s remains with dignity, The ACLU of Illinois was proud to the right to live together in a state- work with advocates across the state Passage of civil union legislation funded nursing home and make to secure this critical victory: represents an important - and in- emergency medical decisions for a credible - step on the road towards loved one. The bill ends the many • In the Village of Woodstock, Pat- full equality for LGBT individuals indignities, and outright cruelties, rick told the story of his partner’s in Illinois. “Of course, this is only faced by LGBT couples when dealing death and the morgue’s refusal to one step on the way to fairness,” with life’s most difficult moments: release the body for burial. said Metz. “We look forward to the serious illness, financial hardship day when Illinois joins other states and death. • In the City of Lockport, Sue and across the nation who enacted equal Lori met with their representative, marriage for all persons. The action This battle began years ago. Then- talked to the press and sent letters of the General Assembly reminds newly-elected state Represena- seeking legal recognition for their us that the day of equality is not far tive Greg Harris first introduced long-standing union and commit- away in the Land of Lincoln.” civil union legislation in February of ment. 2007. Despite Illinois’ “blue state” reputation, this bill was not a slam- • In the City of Pekin, a constituent dunk. Indeed, it was only in 2005 arrived at her representative’s office,

www.aclu-il.org www.aclu-il.org » Page 5 Judge Approves Settlement in Williams he adage known to residents at of Illinois and a coalition of legal The judge’s approval begins a sys- Clayton Residential Home was services organizations. The agree- temic process of evaluating approxi- Tsimple: Stay six months, stay ment, in Williams v. Quinn, gained mately 4,300 persons with mental forever. That almost happened for final approval from U.S. District illnesses to determine their needs former resident Fred Friedman. Court Judge William Hart following a and, if they desire, giving them the fairness hearing on September 7th, opportunity to move out of large Mr. Friedman, who grapples with se- 2010. Once implemented, the agree- nursing homes known as “Institu- vere mental illness, lost his wife, his ment paves the way for individuals tions for Mental Disease” (IMDs) profession as a lawyer and his home with mental illnesses to move out of and into community-based settings ten years ago, before moving into Illinois’ outmoded, overcrowded and with the support they need to be Clayton. There, art therapy meant scandalized nursing home system successful. These large, impersonal coloring, discussion groups took the and receive the services they need in IMDs are operated in a manner that form of someone reading the news- the community. allows individuals little opportunity paper out loud, and interaction with for independent living and personal staff was basic: Could he count and Mental health experts agree that growth. read a clock? most people who are developmentally or psychiatrically disabled are “This is an important step along the A year and a half later, a therapist best served in smaller settings path to independence and dignity for helped Mr. Friedman find a home in that resemble real homes, close thousands of persons with mental the community. Others like him, he to their families and integrated in illnesses in Illinois,” said Benja- acknowledged in court this Sep- the community, where meaningful min Wolf, Associate Legal Director tember were not as lucky. They stay interaction can enhance personal for the ACLU of Illinois, one of five decades, sometimes for the rest of development, while assuring basic legal organizations representing the their lives. well-being and health. plaintiffs.

“Many of us remain warehoused for By subsidizing segregated facilities, “More important, it is a critical step what seems forever and gradually state officials deliberately remain in reforming an outdated system in lose the will to recover,” said Mr. out of compliance with federal Illinois. There simply is no rational, Friedman, dressed in a suit and now integration requirements and ac- medical reason for forcing persons in his eighth year of living on his cordingly forfeit millions of dollars in with mental illnesses to receive the own, reading from his statement to federal reimbursements provided to treatment they need in a large, in- the judge at a hearing on the issue. states that prioritize care for people stitutional setting. We do not require with disabilities in more integrated such living arrangements for other Mr. Friedman is among thousands settings. Moreover, integrated set- diseases – it is indefensible for those of Illinois citizens who are mentally tings, where residents can learn with mental illness.” ill and warehoused in large, private to care for themselves, are often nursing homes where stagnation, cheaper to operate than are large learned helplessness and a culture institutions. of apathy impede their growth and well-being. For the psychiatrically ACLU of Illinois weighs in on Ten Commandments controversy disabled, who are often abused and A proposal by members of the Saline County Board to post a plaque with neglected in these for-profit insti- the Ten Commandments on the property of the County Courthouse recently tutions, life is bleak, desolate and drew a sharp objection from the American Civil Liberties Union of Illi- absent the power to choose. nois. Recently, the Saline County Board discussed the proposal including the idea of having a public referendum to assess support for the display. Thanks to the ACLU and its allies, Perhaps most surprising, a member of the Board publicly suggested that it it is now a new day for people with was time for the Board to “take a stand and defy the courts.” mental illness in Illinois. The ACLU of Illinois recently sent a letter urging the Board to reject this Persons with mental illnesses in Il- unconstitutional proposal. The letter notes that the Ten Commandments linois took a significant, critical step “are highly religious,” pointing out that many of the Commandments are toward independence and dignity religious in nature (i.e., banning idol worship). The ACLU of Illinois also after a federal judge in September pointed out the string of court decisions that bar the display of the Ten gave final approval to an historic Commandments on public property, because such displays send the mes- agreement worked out by the State sage to some Americans that they are outsiders and second-class citizens. Page 6 » www.aclu-il.org A Roadtrip for Reproductive Health & Access n late July and early August, two face numerous obstacles in access- patients at all – meaning that poor ACLU staffers were sent off on a ing reproductive health services and women would have to face greater I2,573 mile expedition around the information,” Carter wrote. “Teens obstacles to receive needed medi- state. Their mission: investigate the aren’t learning how to make healthy cal care. One health worker told of a state of reproductive health services decisions and protect themselves, doctor throwing a patient’s medical – from sexual health education to women can’t reliably get access to records on the ground and storming abortion care – in Illinois. birth control, emergency contra- out after he learned she had had an ception or abortion, and those who abortion. Khadine Bennett, then Reproduc- choose to parent or give up their tive Rights Project Legal Fellow infant for adoption cannot find the Several women bravely shared (now Legislative Counsel) and Allie support they need to facilitate those heart-wrenching stories of hav- Carter, Senior Field Manager, drove choices.” ing to seek late-term abortions for from Rockford to Carbondale and medical reasons and the obstacles from East St. Louis to Champaign- One particularly disturbing obstacle they faced in accessing this needed Urbana in a quest to understand the was repeated in city after city: doc- medical care. Amy S., a resident of challenges and obstacles faced by tors refusing to care for women the Chicago suburbs, told her story: women and men in Illinois in ac- who have had abortions. Not just “The genetics counselor confirmed cessing reproductive and sexual doctors refusing to perform abor- the prognosis. If the baby was car- health care. They spoke with public tions: in three separate communi- ried to term, he would essentially be health officials, rape crisis counsel- ties, health workers and advocates a vegetable. He would never sit, eat, ors, community organizers and staff reported there are doctors refusing or recognize his parents. He would at abortion clinics, and held eight to perform routine post-abortion have seizures, not be able to regu- public forums, all across the state. check-ups or even to provide care late his temperature or blood sugar, for completely unrelated ailments to and likely be in great, great pain. What they found was alarming. women who previously had abor- And I thought, no way. Not my child. “Every place we visited in Illinois - tions. What’s worse, in two instances I would not let him suffer and die be- from Rockford to Carbondale, and Bennett and Carter were told that cause I couldn’t muster the courage from the Quad Cities to Champaign- these doctors were some of the to do what I had to do for him to pass Urbana – showed us that Illinoisans few who were accepting Medicaid away in a more humane way.” In the end, Amy was forced to travel to the late Dr. Tiller’s clinic in Kansas to receive her abortion.

The information, testimony and stories gathered over the 11 days on the road in Illinois will be used to further the ACLU of Illinois’ public education and legislative work in support of access to reproductive health care services for all in the state. Look for more updates on what Bennett and Carter found relating to sexual health education in Public Schools in the new year.

You can read more stories from the road at http://acluroadtrip.org.

Khadine Bennett and Allie Carter reach the end of their trip.

Recording the Police in Public ( from page 1) cord police, the law allows police to declaration and injunction against Director and Senior Field Manager audio record civilians during traffic the application of Illinois’ eavesdrop- as additional plaintiffs. stops and in other situations. ping law to audio recording police performing their public duties in “Staff of an organization such as The ACLU already has felt the a public place while speaking in a the ACLU of Illinois should not be limitation of this law. During the voice audible to the unassisted ear. threatened with prison time for con- past summer, the media reported ducting legitimate investigations into that Chicago police were conduct- In a decision issued on October 28 police action in Illinois,” said Adam ing random searches of bags and U.S. District Court Judge Suzanne Schwartz, Senior Staff Counsel for backpacks of individuals who were Conlon dismissed the complaint on the ACLU of Illinois. “We should not passing by Chicago beaches on the grounds of standing, holding that be forced to choose between fulfill- pathway that runs adjacent to the the ACLU could not pursue the case ing our mission and risking prison beach and Lake Shore Drive. When since it had not been threatened time for staff members.” the ACLU investigated, it could not with prosecution. The court also use widely available audio/video dismissed the suit without prejudice. “If this law stays in force, it will recording devices – like the smart The court did not address the first remain difficult for many citizens in phones carried by millions of Ameri- amendment merits of our suit. Illinois to monitor and seek reform cans – to document police activity of police practices,” added Richard and conversations, because doing so On November 18th, we filed a motion O’Brien, a lawyer with the Chicago would risk arrest or prosecution. asking Judge Conlon to reinstate office of Sidley Austin LLP who is the lawsuit and to allow us to file cooperating with the ACLU on this “There is a lot of talk about the need an amended complaint, so that we case. “It is time to change this law for more transparency in govern- can move forward to the substantive and let transparency shine into the ment – we should demand that questions we raise about the eaves- practices of our law enforcement transparency from the police,” said dropping law. The filing adds new agencies.” Harvey Grossman, Legal Director for allegations to support the ACLU’s the ACLU of Illinois. “Organizations standing and adds our Executive and individuals should not be threatened with prosecution and jail time simply for monitoring the activities Clyde E. Murphy (1948-2010): of police in public, having conversa- hroughout a career that minority students” in Chicago Public tions in a public place at normal spanned more than three de- Schools. volume of conversation.” Tcades, Clyde E. Murphy battled against discrimination wherever he “Clyde was an exceptional person, “Illinois’ eavesdropping law does not found it, a crusade that culminated lawyer and colleague,” Grossman permit individuals or groups such as in the U.S. Supreme Court finding said. “Clyde possessed a thorough ours to gather critical information that Chicago discriminated against knowledge of the law, a deep under- about police activities – information African-American firefighter appli- standing of people and a passion to that we share with our members, cants. Mr. Murphy, 62, died August make things right. He was a formi- policy makers and the general pub- 17. dable, yet humble advocate for civil lic,” Grossman added. rights. We will miss him.” In his 35-year legal career, first with The lawsuit was filed against Anita the NAACP Legal Defense and Edu- In 1975, Mr. Murphy became assis- Alvarez as the State’s Attorney of cational Fund and later as Executive tant counsel of the NAACP Legal De- Cook County. She is sued in her Director of the Chicago Lawyers’ fense and Educational Fund. There, official capacity as a prosecutor Committee for Civil Rights Under he developed an extensive federal charged with enforcing the law. The Law, Mr. Murphy handled employ- civil rights practice specializing in ACLU of Illinois argues that the law ment discrimination, affirmative-ac- discrimination cases and litigation infringes on the First Amendment tion, police misconduct and housing for social change. His career was right of individuals and organiza- bias cases. marked by cases in which Mr. Mur- tions to gather information about phy fought for civil rights, as in 2003 the police, to share such informa- Harvey Grossman, Legal Director when he joined a lawsuit accusing tion with the public, and to use such of the American Civil Liberties of the Chicago Housing Authority of information to petition government Illinois, said Mr. Murphy shared the failing to provide adequate relocation for redress or grievances or policy organization’s “commitment to en- services to residents displaced by changes. The ACLU seeks a court hancing the quality of education for demolition. Page 8 » www.aclu-il.org Ending the Death Penalty in Illinois, Step by Step all Veto Session 2010 in the a moratorium on executions, the Capital Punishment Reforms Study Illinois General Assembly Illinois death penalty remains an ex- Committee, a committee ordered by Fwas a time to dream big. Two pensive and ineffective use of scarce Governor Ryan and created by stat- extraordinarily important pieces of resources. From 2003 to 2010, more ute in 2000 following his moratorium civil liberties legislation were up for than $100 million was appropriated on executions. Two years later, the consideration in the Illinois General to pay for prosecution and defense Committee issued 85 recommenda- Assembly: civil unions (read more, costs alone. tions to improve the death penalty page 4) and Senate Bill 3539, which system in Illinois. Eight years later, would abolish the death penalty in The capital punishment system less than half of the recommenda- Illinois. in Illinois is broken beyond repair. tions have been implemented, there From 1977 to 2000 Illinois executed is not enough money to implement Capital punishment, the ultimate 12 inmates, but freed 13 from death recommendations, and local and denial of civil liberties, is a costly, row. Some of the 13 freed individu- national organizations - including irreversible and barbaric practice, als were completely exonerated. In the 4000 judges, lawyers and law the epitome of cruel and unusual the 10 years since the moratorium, professors of the American Law punishment. It does not deter crime, seven more inmates have been re- Institute - believe that the system is and its arbitrary implementation is leased from death row. Only Florida irretrievably broken. grotesquely unfair and undermines has released more exonerated the 14th Amendment’s guarantee of defendants. Take action with the ACLU, and bring equal treatment under the law. an end to the broken death penalty The flaws in the system have been system once and for all. The ACLU of Illinois has been fight- clearly identified by the Illinois ing for decades to end the death penalty in our state. Indeed, the Il- linois Coalition to Abolish the Death Illinois’ “Fusion Center ( from page 3) Penalty (ICADP), the lead organiza- Illinois’ STIC is operated by the Virginia, for example, labeled that tion in this effort, shared our of- ISP, and is based in Springfield. Its state’s historic black colleges as a fices in Chicago for many years. original mandate in 2003 was to possible threat. An analyst at the This legislative season the dream of gather terrorism intelligence, but its fusion center in Wisconsin targeted ending the death penalty once and mission has dramatically expanded protestors on both sides of the for all has seemed closer than ever, beyond terrorism to cover informa- abortion debate as a threat to public with legislation passing through tion about all crimes, hazards and safety. The Maryland fusion center committee and ready for a vote on threats. STIC has scores of em- targeted and spread information the floor of the House of Represen- ployees, and hosts analysts from about dozens of lawful advocacy tatives before the veto session ended a broad array of federal, state and organizations. The Missouri fusion on Wednesday, December 1st. local police agencies. STIC has center urged surveillance of the direct access to dozens of public and supporters of Congressman Ron There is still time for the legislature private record systems containing Paul. to vote on this crucial bill. Illinois’ sensitive information about many 96th General Assembly will meet members of the public, including “If law enforcement fusion centers once again in January to consider criminal background, digital photo- are going to gather a vast quantity pending legislation before its final graphs, and employment, medical, of personal information about many adjournment and the start of the and credit history. Without proper people, at a minimum privacy poli- 97th General Assembly on the 12th. safeguards and oversight, this vast cies must be adopted. We also need The ACLU of Illinois is working with concentration of sensitive informa- rules to protect the First Amend- ICADP to find the final few votes tion in government hands endangers ment rights of all persons – no mat- necessary for passage. You can civil liberties. It is unclear whether ter what their political beliefs – to urge your representative to support Illinois has adopted the necessary engage in speech about public policy the legislation at action.aclu.org/ privacy rule – which is why the ACLU issues without being investigated by ildeathpenalty. has filed this FOIA enforcement a fusion center,” added Dan Feeney, lawsuit. a lawyer with Miller Shakman & Although it is often assumed that Beem who is cooperating with the capital punishment is less costly Press reports across the country ACLU on this case. than life imprisonment, the opposite paint a troubling picture of fusion is true: in terms of dollars and in center activity. The fusion center in terms of crime control. Even during www.aclu-il.org » Page 9 To Dr. David Zbaraz, Goodbye and Thank You he night before long-time ACLU His second experi- activist and renowned obstetri- ence as a named Tcian Dr. David Zbaraz died, he plaintiff, in Zbaraz v. made three calls: He reassured a Hartigan, extended former patient who had struggled to for more than 20 get pregnant that she was, in fact, years and again pregnant. He explained a compli- went to the Supreme cated delivery procedure to a friend Court of the United of the family. And, he helped a third States. In that case, person. His wife didn’t know who. the Supreme Court, She just knew he was helping. by an evenly divided vote, left in place a Dr. Zbaraz then turned to his wife lower court injunc- Deety and said: “I feel so good that I tion that blocked the can help those people.” state from enforcing its parental notice The next day, Dr. Zbaraz, age 69, of abortion law. The died of an aneurysm in their Chica- injunction in that go-area home. case was lifted only a year ago by the U.S. Court of Ap- 12 years as attending physician at Such devoted care marked the long peals for the Seventh Circuit. Links, a social service agency that career of a distinguished doctor who offered medical care to low-income felt that his professional obligations Dr. Zbaraz cared deeply about the young women. did not end with his expert medical health of teens. One of his first care of women, but rather, that his patients as a resident was an eleven Dr. Zbaraz also lived a full life role necessarily included advocacy year old who gave birth at Michael outside of his professional career. on behalf of women’s reproduc- Reese Hospital. He came home He loved his grandchildren, enjoyed tive freedom. Dr. Zbaraz advanced totally shaken, recounted his wife. informally teaching others, liked that freedom by serving as a named He kept saying over and over: “she good food, had a wonderful sense plaintiff in several reproductive didn’t even know how it was that of humor and a big personality that rights cases for the American Civil she became pregnant! Her young filled whatever room he entered. Liberties Union. body just wasn’t ready for this.” His inspiration was simple: He did not “David gave generously of his time, In the first case that bore his name, want his daughter to have to make his expertise, and his compassion Williams v. Zbaraz, he helped the any such reproductive healthcare for women,” said Colleen Connell, ACLU fight for Medicaid funding for decision without being safe. the Illinois ACLU’s Executive Direc- low-income women. Although the tor. “Tens of thousands of Illinois Supreme Court ultimately ruled He was appointed to a number of women retain the freedom to make against him, he felt that all women, boards and received multiple awards reproductive decisions, including regardless of income had a right to including one from the ACLU and the decision to have an abortion, the full range of reproductive health another from the Illinois Pro-Choice because of David Zbaraz and his care. Alliance. He also volunteered for advocacy on behalf of all women.”

Reproductive Health in the 2011 Legislative Session One of the goals for 2011 of the Campaign for Reproductive Health and Access is the advancement of legislation to reduce unintended pregnancy, STI’s and HIV/AIDS among youth. Legislation entitled Illinois’ Personal Responsibility Education Program will be filed in the 2011 session This legislation will require that elementary or secondary public schools currently offering sexual health education courses adopt curriculum that is medi- cally accurate, developmentally and age appropriate, and free of bias related to race, religion, gender, sexual orientation or gender identity. In the last month, Gov. Pat Quinn has rejected federal Title V funds, which only support failed abstinence-only programs, and has instead applied for federal Personal Responsibility Education Program (PREP) funds that support programs proven effective at helping young people make healthy decisions. These PREP funds will be available for implementing this comprehensive sexual health education legislation should the bill become law. A bill has been drafted and we are in the initial stages of garnering support, pre- paring materials and considering sponsors. Page 10 » www.aclu-il.org Celebrating Ninety Years of the ACLU

Board of Directors President Jill Metz and Harriet Haus- Event Co-Chairs Mary Stowell and Ruth man, recipient of the 2010 Edwin A. Rothschild Award. Krugly.

“It is not a coincidence that tonight Harriet becomes the second member of her family to win this award. Her husband Marty won it some years ago, in part – as you know – for his courage in going on a speaking tour to Chicago-area synagogues to defend the ACLU’s advocacy on behalf of the right of a neo-Nazi group to demonstrate in Skokie.

Here is what you may not know. Harriet went with Marty on every one of those speaking en- gagements. She believed – just as strongly as Marty – that free speech could not be a convenient blanket that one put on or took off when the moment seemed convenient. Harriet’s fierce defense of free speech – like her defense of all civil liberties – recognized that funda- mental freedoms either applied to all of us, or they certainly would apply to none of us.”

Jill Metz, presenting Harriet Hausman with the 2010 Edwin A. Rothschild Award

Volunteers and Staff: Dylan Rice, Bianca Davis,Yvonne Slosarski, Maureen Lough- nane, Trisa Kern, Hannah Avellone and Jesse Larson 2010 Bill of Rights Celebration www.aclu-il.org » Page 11 Nominations for the 2010 Board of Directors he Nominating Committee met for Ethical Leadership. Naria is a associate at Sachnoff and Weaver and selected the following in- graduate of the Law School and the for four years. She also served as a Tdividuals for nomination to the College at the University of Chicago, law clerk to the Honorable Seymour ACLU of Illinois Board of Directors: where she graduated with honors F. Simon of the Illinois Supreme and was elected phi beta kappa. Court. From 1994 to 2000, Cindy James D. Holzhauer, Partner, Mayer was an Adjunct Professor at North- Brown Cindy Wilson, Associate Professor western University School of Law, of Law, Northwestern University and in 1999 she was selected as the James D. Holzhauer served as Law School Outstanding Adjunct in Legal Ethics. Chairman of Mayer Brown from June Cindy graduated from Northwestern 2007 to June 2009 and served on the Cindy Wilson is both a Clinical As- School of Law, cum laude, Order of firm’s Policy & Planning Committee sociate Professor and the Public the Coif, in 1986. from 1998 to 2009. He also served Interest Advisor in the law school’s as Mayer Brown’s General Counsel Center for Career Strategy and Ad- This slate of nominees will be voted from 1992 to 2007. He is a member vancement. She teaches an extern- upon at the next board meeting, of the Pro Bono Committee and the ship on public interest law, a semi- scheduled for Thursday, January Committee on Diversity and Inclu- nar on pro bono law, and a course 27th from 5:30 -7:00 p.m. at the sion. He also counsels lawyers and in legal ethics taught by clinical ACLU offices. law firms on professional liability, professors and Chicago area law- risk management and governance yers. Cindy also counsels students matters. interested in public interest law, helps direct public interest program- Want to become a more ac- Jim joined Mayer Brown in 1988 ming at the law school, and serves tive ACLU member? Join our from the faculty of the University of as the faculty advisor to several Chicago Law School (1985-1988), student public interest groups. volunteer registry and get where he continued to teach through updates on the latest volun- 2006. He was also Visiting North She was responsible for directing teer opportunities. You can American Lecturer at the University the work of the Chicago Lawyers’ join by visiting: of Warwick Law School in England. Committee in the areas of employ- Following law school graduation, ment discrimination and enhanc- he was Law Clerk to The Honor- ing employment opportunities for action.aclu.org/ilvolunteer able Robert A. Ainsworth Jr., United low income workers. She litigated States Court of Appeals for the Fifth a wide variety of cases, including You can also sign up for an Circuit, after which he was Law a class action race discrimination upcoming volunteer night, Clerk to Chief Justice Warren E. case challenging the tests used in held the third Wednesday of Burger, Supreme Court of the United hiring entry-level firefighters by States, 1981-1982. the City of Chicago, and two cases each month in our Chicago defending affirmative action policies office. Naria Santa Lucia, Executive Direc- of the County of Cook and the City tor, James B. Moran Center for of Chicago regarding construction Youth Advocacy (formerly the Evan- contracts. Cindy also started a me- The Illinois Brief ston Community Defender Office, diation representation program for (ISSN: 1044-7225) is published four times per Inc.) mediations conducted by the Equal year - winter, spring, summer and fall - by the American Civil Liberties Union of Illinois and Employment Opportunity Commis- the Roger Baldwin Foundation of the ACLU, Naria Santa Lucia is responsible for sion, one of the first such programs Inc., 180 N. Michigan, Suite 2300, Chicago, the overall development, strategic in the country. IL 60601, (312) 201 - 9740. Subscription by membership; subscriber price: 50 cents per planning and programmatic direc- year. Periodicals class postage paid at Chi- tion of the Evanston Community From 1990 to 2000, Cindy was the cago, Illinois and additional mailing offices. Defender Office. Prior to serving Project Director of the Employment POSTMASTER: Send address changes to: The Illinois Brief, ACLU, 180 N. Michigan, Suite as the Executive Director, Naria Opportunity Project at the Chicago 2300, Chicago, IL 60601-7401. All unsigned was an Associate at the law firm Lawyers’ Committee for Civil Rights articles may be reprinted without express of Kirkland & Ellis LLP. Naria also Under Law. permission. However, the following acknowl- edgement must accompany all reprints: “Re- served as Program Manager at the printed from the Illinois Brief, a publication of Seattle Youth Involvement Network Prior to joining the Chicago Lawyers’ the American Civil Liberties Union of Illinois.” and Program Director at the Center Committee, Cindy was a litigation Express written permission is required for all signed articles in this publication. ACLU of Illinois 180 N Michigan Ave, Ste 2300 PERIODICAL Chicago IL 60601 Phone: (312) 201 - 9740 Email: [email protected] Website: http://www.aclu-il.org

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