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Seattle, WA

r Executive Directo Executive the essential guarantee of due process for for process due of guarantee essential the of our personal privacy and at least $250 $250 least at and privacy personal our of shed year when civil liberties began the slow slow the began liberties civil when year shed

Act to restore the writ of habeas corpus, corpus, habeas of writ the restore to Act a de facto national ID card at the expense expense the at card ID national facto de a history will remember 2007 as the water- the as 2007 remember will history Kathleen Taylor Kathleen

failed to reform the Military Commissions Commissions Military the reform to failed ID Act – the federal law that would create create would that law federal the – Act ID With hard work and good luck, we hope hope we luck, good and work hard With

But so much work remains. Congress has has Congress remains. work much so But in passage of a bill that rejects the REAL REAL the rejects that bill a of passage in cient, action by Congress. Congress. by action cient, suffi not tainly

disparities in achievement test scores. test achievement in disparities the Washington State Legislature resulted resulted Legislature State Washington the in court, and eking out some, though cer- though some, out eking and court, in

rights, and advocating for remedies to to remedies for advocating and rights, We were very happy that our work with with work our that happy very were We repeatedly challenging presidential actions actions presidential challenging repeatedly

Board President Board

educating parents and students about their their about students and parents educating lawmakers often need pressure from home. home. from pressure need often lawmakers the public dialogue around civil liberties, liberties, civil around dialogue public the

Jesse Wing Jesse

pline against ethnic and racial minorities, minorities, racial and ethnic against pline To make advances in Washington, D.C., D.C., Washington, in advances make To e ACLU has led the resistance, shaping shaping resistance, the led has ACLU e Th

to the unfair application of school disci- school of application unfair the to of phone records. phone of ignores the Geneva Conventions. Geneva the ignores

documents. We are responding vigorously vigorously responding are We documents. telecoms’ complicity in the illegal mining mining illegal the in complicity telecoms’ out charges, tortures prisoners of war, and and war, of prisoners tortures charges, out

transmitters in identity and transportation transportation and identity in transmitters cers, and shined a spotlight on on spotlight a shined and cers, offi gration on citizens without cause, jails people with- people jails cause, without citizens on

at the privacy risks of embedding radio radio embedding of risks privacy the at wrongfully detained and harassed by immi- by harassed and detained wrongfully We’ve had a federal government that snoops snoops that government federal a had We’ve

e project is already taking a hard look look hard a taking already is project e Th vindication for an Iraqi refugee who was was who refugee Iraqi an for vindication basic rights and make itself accountable. accountable. itself make and rights basic

America’s values of liberty and justice. and liberty of values America’s liberties when they adopt new technologies. technologies. new adopt they when liberties And here in Washington, we obtained obtained we Washington, in here And orts to enforce the law, restore restore law, the enforce to orts eff blocked

much arrogance and too little respect for for respect little too and arrogance much government and business respect civil civil respect business and government the program without oversight. without program the years and counting, the administration has has administration the counting, and years

the damage caused by people with too too with people by caused damage the nology and Liberty Project to ensure that that ensure to Project Liberty and nology House continues to assert its power to run run to power its assert to continues House challenges faced by civil libertarians. For six six For libertarians. civil by faced challenges

come. It will take that long just to undo undo to just long that take will It come. at’s not all. We launched a new Tech- new a launched We all. not at’s Th as required by law – though the White White the though – law by required as timony to the U.S. Senate, illustrates the the illustrates Senate, U.S. the to timony

of our members for many more years to to years more many for members our of inhibitors. eign Intelligence Surveillance Act court, court, Act Surveillance Intelligence eign is incident, recently revealed in tes- in revealed recently incident, is Th

will need that strength and the support support the and strength that need will as emergency contraception and HIV HIV and contraception emergency as spying program to the review of the For- the of review the to program spying surveillance program. surveillance

uence grow. We We grow. uence infl our and membership antee patient access to medications such such medications to access patient antee pressure the administration to submit its its submit to administration the pressure and the Constitution and continued the the continued and Constitution the and

it has strengthened us. We have seen our our seen have We us. strengthened has it the Washington Pharmacy Board to guar- to Board Pharmacy Washington the ACLU’s lawsuit against the NSA helped helped NSA the against lawsuit ACLU’s in his administration - he ignored the law law the ignored he - administration his in

e good news is that that is news good e Th administration. Bush worked with pro-choice allies to convince convince to allies pro-choice with worked e e Th cases. their consider to not decision dent then did what he has done repeatedly repeatedly done has he what did then dent

running a strenuous marathon during the the during marathon strenuous a running better protect patients and caregivers. We We caregivers. and patients protect better several detainees there, reversing an earlier earlier an reversing there, detainees several spying program back in 2004. So the presi- the So 2004. in back program spying

Winning or losing, the ACLU has been been has ACLU the losing, or Winning changes in the medical marijuana laws to to laws marijuana medical the in changes court agreed to review the imprisonment of of imprisonment the review to agreed court the National Security Agency’s warrantless warrantless Agency’s Security National the

remedy the problem. the remedy K-12 sex education classes. We obtained obtained We classes. education sex K-12 tribunals in Guantánamo. Recently, the the Recently, Guantánamo. in tribunals the request of Alberto Gonzales to approve approve to Gonzales Alberto of request the

on convincing the state Legislature to to Legislature state the convincing on the teaching of accurate information in in information accurate of teaching the the White House’s system of military military of system House’s White the so, he said “no,” from his hospital bed, to to bed, hospital his from “no,” said he so,

orts orts eff focusing we’re Now penalties. and helped convince the Legislature to require require to Legislature the convince helped year the U.S. Supreme Court overturned overturned Court Supreme U.S. the year of power of the Bush administration. Even Even administration. Bush the of power of

time for a felony but still owe court fees fees court owe still but felony a for time the rights and protections of marriage. We We marriage. of protections and rights the We’ve begun to see rays of hope. Last Last hope. of rays see to begun We’ve Ashcroft oversaw some of the worst abuses abuses worst the of some oversaw Ashcroft

individuals who’ve completed serving their their serving completed who’ve individuals providing same-sex couples with some of of some with couples same-sex providing climb back to their rightful place. rightful their to back climb Former U.S. Attorney General John John General Attorney U.S. Former

challenge to the disenfranchisement of of disenfranchisement the to challenge new state registry of domestic partners, partners, domestic of registry state new

Supreme Court ruled against the ACLU’s ACLU’s the against ruled Court Supreme 2006-2007 We strongly supported the creation of a a of creation the supported strongly We

tion program. Shortly after that, our state state our that, after Shortly program. tion progress for civil liberties at the state level. level. state the at liberties civil for progress

summer against Seattle’s school desegrega- school Seattle’s against summer government, the ACLU has made real real made has ACLU the government,

rights, as seen in its landmark ruling this this ruling landmark its in seen as rights, Faced with an unresponsive national national unresponsive an with Faced

has shown itself to be no friend of civil civil of friend no be to itself shown has states taking similar actions. actions. similar taking states

Annual Report Annual

Roberts bloc at the U.S. Supreme Court Court Supreme U.S. the at bloc Roberts helped lead a rebellion that saw 16 other other 16 saw that rebellion a lead helped

e e Th government. the by imprisoned people million in state tax money. Washington Washington money. tax state in million

NEWS AND EVENTS FROM THE ACLU OF WASHINGTON WASHINGTON OF ACLU THE FROM EVENTS AND NEWS 2006-2007 ANNUAL REPORT ISSUE | VOLUME 39, NO. 3 NO. 39, VOLUME | ISSUE REPORT ANNUAL 2006-2007 BECAUSE FREEDOM CAN’T PROTECT ITSELF PROTECT CAN’T FREEDOM BECAUSE Page 2 Civil Liberties ACLU-WA 2006-2007 Annual Report Homeland SECURITY

Domestic Spying and Presidential Power Th e National Security Agency’s secretive domestic spying programs have stood as a symbol of the administration’s fl outing of the Constitution and the rule of law. Ever since they were disclosed in 2005, the ACLU has forcefully countered the government’s sweeping assertion that the president has “inherent powers” to order Photo Courtesy of the Washington State Senate such covert surveillance of communica- Gov. Chris Gregoire signs a bill rejecting state implementation of the REAL ID Act, which would create a nationwide ID card. tions by people in America. Th e ACLU fi led a lawsuit in early 2006 as required by law. Still, the administration rule of law, ending warrantless surveillance placing personally identifi able information challenging the legality of monitoring claims it has the power to conduct NSA will require a long-term eff ort. To further in databases accessible across the country, electronic communications without a monitoring without warrants, and it re- public awareness, our Annual Membership REAL ID makes the information more court warrant. Th e suit was fi led on be- mains unclear whether individual requests Conference in February 2007 focused on vulnerable to identity theft and misuse. half of journalists, scholars, attorneys and for surveillance go before the court. “Confronting the Surveillance Society.” As the ACLU sounded the alarm over nonprofi t organizations, who felt stifl ed in In this state, the ACLU took on another Several hundred members and supporters privacy concerns, state offi cials were horri- their work because of likely government NSA surveillance activity, its program for heard journalist James Bamford, an expert fi ed by REAL ID’s expense. In Washington, eavesdropping. data mining of telephone records. In May on the National Security Agency, describe the net costs of implementing the new In October 2006, U.S. District Court 2006, we asked the Washington Utilities in fascinating detail the inner workings of system would be $250 million over the Judge Anna Diggs Taylor found the and Transportation Commission (UTC) to the secretive agency. fi rst fi ve years, according to a survey by program unconstitutional, declaring that investigate whether phone companies here the American Association of Motor Vehicle “there are no hereditary Kings in America illegally surrendered private phone records Administrators. and no powers not created by the Constitu- to the NSA. According to news reports, REAL ID = Real With strong bipartisan votes, the Legis- tion.” But in July 2007, an appeals court several telecommunications companies Mess lature passed a measure prohibiting state dismissed the lawsuit, fi nding that plaintiff s enabled the agency to collect and analyze implementation of the Act, unless the fed- could not show they had been the subjects massive amounts of customer phone Recognizing that a national ID is the eral government fully funds it and provides of NSA surveillance. In an exercise of cir- records, without a warrant or permission hallmark of authoritarian government, our stronger protections for privacy. Senators cular logic, the court did not explain how from the customers. nation traditionally has balked at creat- Mary Margaret Haugen, Dan Swecker and the subject of a secret surveillance program Th e ACLU testifi ed at two UTC hearings ing one. Washington is in the forefront Ed Murray sponsored the legislation. By could possibly prove that he or she was the on whether to conduct an investigation, of a rebellion by states seeking to block summer, 17 states had adopted measures subject of secret surveillance. Th e ACLU and 4,000 people signed our petition implementation of a federal law that rejecting REAL ID. has decided to appeal the decision to the calling for one. However, in September would establish a national ID system by U.S. Supreme Court. 2006, the commission decided to wait for the back door. Th e lawsuit, though, had some political Congress or the courts to clarify legal ques- Passed by Congress in 2005 without Save Habeas impact. Combined with pressure from tions about state jurisdiction and national serious debate, the REAL ID Act requires Corpus looming congressional hearings, it moved security. In the meantime, the UTC ordered states to produce standardized driver’s the administration to backtrack. In 2007, phone companies to secure the customer licenses and to store the drivers’ informa- Th e writ of habeas corpus is the single the president placed the spying program records that may have been shared. tion in nationally connected databases most important protection against tyranny under the jurisdiction of the FISA court, As with all our endeavors to restore the – creating a de facto national ID card. By and oppression, preventing the govern-

This ad was placed by the ACLU in selected newspapers across the country, including Seattle Weekly and The Stranger in Washington. Additional text asked people to contact lawmakers and urge that Congress preserve our system of checks and balances.

Kevin Means is interviewed by a public radio reporter at Westlake Center while spreading the word about the restoration of habeas corpus. ACLU-WA 2006-2007 Annual Report Because Freedom Can’t Protect Itself Page 3 ment from jailing someone on a whim districts. Th ey joined several thousand and without cause. Habeas corpus, in plain others at a rally on Capitol Hill, raising English, means that government must show their voices and lobbying their lawmak- in court why someone should be held for ers. Th e ACLU presented petitions with trial. Yet last fall, Congress chipped away more than 250,000 signatures calling for this fundamental right when it approved the restoration of the writ. In Washington the Military Commissions Act. state, we organized a rally at the Federal Th e White House drafted the Act after Building in Seattle, featuring a black coffi n, the Supreme Court overturned its system candles, songs by the Raging Grannies and of military tribunals to prosecute prison- presentations by allied organizations. To ers in Guantánamo. Th e Act suspended build support for the rally, ACLU activ- the writ of habeas corpus for anyone the ists clad in orange “Find Habeas” shirts president designates an “unlawful enemy distributed fl yers at Westlake Center. combatant.” It allows the president to hold As part of the action, the ACLU placed such people captive indefi nitely, without classifi ed ads for habeas corpus in major charges. It legalizes coerced confessions and newspapers across the state. Th ey read: the use of tainted information to prosecute “LOST! Habeas Corpus. Last seen on others. It allows the government to use 10.17.06 in the U.S. Constitution. Help secret evidence against a person. And it us restore Habeas.” gives immunity retroactively to people who may have broken the law to arrest or interrogate a suspect. Justice for an Iraqi Th e ACLU has embarked on a nation- Refugee wide campaign to get Congress to repeal or amend the Military Commissions Act, Ethnic profi ling is both unjust and restore habeas rights, and end U.S. gov- ineff ective as a law enforcement tool. ernment-sponsored torture and extraor- It stigmatizes all members of an ethnic dinary rendition. Th e campaign features community because of their background Photo by Paul Sanders Mr. Habeas, a long-faced character who and appearance, and wastefully uses law Lt. Cmdr. Charles Swift, one of the lawyers who argued the historic case of Hamdan v. Rumsfeld before the Supreme Court, spoke at the 2006 Bill of Rights Dinner. In the was reported missing since passage of the enforcement resources on large numbers of case, the court overturned the system of military tribunals for prisoners at Guántana- Military Commissions Act. Th e campaign people who have done nothing wrong. mo. Swift gave an inspiring speech about his experiences in the military justice system, Web site, fi ndhabeas.com, provides the Th is summer, the ACLU obtained jus- and the value of due process and individual rights. latest news of Habeas sightings and a host tice for a man accosted by government of resources for people who want to help agents simply because he looked Arabic us take action. at a train station. In 2003, Abdulameer Th e ACLU appealed, while continuing Last year, the ACLU of Washington Yousef Habeeb, an to negotiate with Justice Department of- joined a nationwide ACLU eff ort to un- Iraqi refugee who lives fi cials. Habeeb spoke about his ordeal at cover the extent of surveillance of peaceful in Kent, was picked the ACLU of Washington’s Membership activists. We requested public records from out of a group of Conference this winter. the FBI, the Department of Defense, and passengers taking a Vindication fi nally came in July 2007. the Seattle Joint Terrorism Task Force, station break during Th e Justice Department agreed to com- regarding possible government surveil- a train ride through pensate Habeeb for the unfair treatment lance of us and of 11 peace organizations Montana. Agents ar- he received and off ered a long-overdue across the state. rested him for failing apology. Th e district court judge in Mon- In response, this spring we received re- to register for an im- tana agreed to vacate his ruling, erasing a cords revealing that the FBI secretly had migration program dangerous precedent from the books. kept track of activities of the Peace and targeting people from ACLU-WA Board President Jesse Wing Justice Action League of Spokane since Muslim countries, of MacDonald Hoague and Bayless rep- 2002. Th e documents show that agents even though, as a resented Habeeb, in collaboration with monitored the nonviolent group’s protest political refugee, he lawyers for the ACLU of Montana and the at the offi ce of Rep. George Nethercutt, its was not required to do ACLU Immigrant Rights Project. protest at Fairchild Air Force Base, and the so. Habeeb was strip launch of community radio station KYRS. searched, placed into PJALS also suspects there had been a gov- This ad was placed on the New York Times Web site as part of deportation proceed- ernment infi ltrator in its ranks, because of the national ACLU campaign to restore habeas corpus and the Spying on Peace ings and imprisoned police presence and preparations ahead of Constitution. It was the basis for classifi ed ads we ran in local the Fairchild protest. papers. for eight days, before Groups fi nally being released Release of the fi les drew attention in without an apology. Th e government should not be in the the Spokane media. A column in the Showing the campaign’s strength, ACLU Th e ACLU sued the government for the business of spying on peaceful groups Spokesman-Review lampooned the FBI for activists and supporters converged on our wrongful arrest and detention. In a very that voice opposition to its policies. Yet treating the pacifi st group as subversives. nation’s capital on June 26 for a Day of disappointing 2006 ruling that boldly evidence has emerged in recent years that “I never would have had the foresight to Action to Restore the Law and Justice. endorsed ethnic profi ling, a federal district government has monitored opponents waste time and taxpayer funds snooping” Th e ACLU of Washington sent members court judge in Montana found that govern- of the war in Iraq, vegans, and students on PJALS, observed editorial writer Doug from most of our state’s Congressional ment agents did not violate Habeeb’s rights. protesting military recruitment. Clark. „

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Make a diff erence on important issues! Photo by Paul Sanders Abdulameer Yousef Habeeb Page 4 Civil Liberties ACLU-WA 2006-2007 Annual Report

Foundation, a non- Freedom of profit organization that maintains a Web site and sponsors sev- SPEECH eral publications avail- able online; the library system has blocked access to the Founda- tion-sponsored maga- Let the Hosts Talk zine Women & Guns. ree discussion of political issues in At issue is the the media is essential to democracy. NCRL’s practice of FTh e government should not limit using software to fi lter robust debate during an election campaign. Internet content on Th e ACLU stood up for this principle in all public computers a high-profi le case before the Washington at its branch libraries. Supreme Court. Th e library’s software In 2005, KVI-AM hosts Kirby Wilbur is supposed to block and John Carlson promoted Initiative materials that may be 912 on their talk radio show, a proposal obscene or inappro- to repeal gas taxes for transportation im- priate for minors, as provements. While on the air, they also required from librar- asked for contributions to the “No New ies that receive some Photo courtesty of Shannon Findlay Police confront protesters during the 1999 WTO meetings in Seattle. Gas Tax” Committee, which organized the federal funds. But in initiative’s campaign. practice, the Internet Th e committee was sued by San Juan fi lter also blocks access to many sites with our brief was fi led, the convening offi cer fi cial had stated in an e-mail to the student County and three cities, who argued that constitutionally protected information, dismissed the charge of “contemptuous body that all students were welcome. Th e the committee violated state campaign including political advocacy groups, words” against the president. rejected students contacted the press and fi nance laws because it failed to report the Seattle Women’s Jazz Orchestra and “Lt. Watada was exercising his free speech much coverage ensued. Wilbur and Carlson’s on-the-air speech MySpace. rights as a citizen in a democratic society,” ACLU staff contacted the college admin- as “in-kind” campaign contributions. Th e Federal law allows the library to turn off said Kathleen Taylor, ACLU-WA executive istrators, who thought they had no legal Th urston Superior Court agreed, ordering the fi lters upon requests from an adult. director. In February 2007, a military judge authority to interfere with the decisions of the committee to disclose anonymous However, NCRL refuses to do so. Th e declared a mistrial and set the case over the Cantwell campaign. Th e ACLU urged donations and to put a monetary value lawsuit contends that this practice violates for a new trial. Lt. Watada contends that the college to amend future rental contracts on the KVI broadcasts. the federal and state constitutions. Th e a second trial would be double jeopardy, to prevent event organizers from discrimi- In an amicus brief to the Washington suit seeks an order directing the NCRL to an issue that may take months or years to nating against attendees because of their Supreme Court, the ACLU defended the provide unblocked access to the Internet be resolved. political viewpoints. Th e ACLU also sent hosts’ free speech rights. Th e ACLU stated when adults request it. Staff Attorney Aaron Caplan wrote the letters to colleges and universities statewide, that talk radio shows are not paid advertise- Handling the case for the ACLU are ACLU amicus brief. advocating for this policy change. ments and cannot be treated as campaign cooperating attorneys Duncan Manville contributions that must be estimated and and Robert Hyde of the fi rm Rafel Manville Lesson for Police disclosed. Doing so would make broadcast- PLLC and Staff Attorney Aaron Caplan. Judicial Gag Orders Protest and the police response to it ers and other media hesitant to talk about Th e threat of an ACLU lawsuit was grabbed worldwide attention during the political issues before an election. Even enough to lift restrictions on the free speech meeting of the World Trade Organiza- worse, new laws that limit the amount of of individuals who make offi cial complaints tion in Seattle eight years ago. Th e fi nal contributions in the weeks immediately about misconduct by judges. settlement of an ACLU lawsuit reminded before an election could make illegal the Th e ACLU was ready to fi le a lawsuit offi cials of the right to peaceful dissent in opinions expressed in talk shows aired against the Washington Commission on times of turmoil. before that election. Judicial Conduct (CJC), on behalf of Ben- In 1999, Mayor Paul Schell issued an In April, the Supreme Court ruled nett Haselton, an activist who runs peace- order to militarize two dozen blocks of unanimously that regularly scheduled fi re.org, a Web site opposed to Internet downtown Seattle. Police restricted passage talk radio broadcasts are not campaign fi ltering software. Haselton had previously into this “no-protest zone” to persons with contributions, and cannot be regulated as fi led a lawsuit against an e-mail spammer, offi cial WTO business, business owners, such. ACLU cooperating attorney Mike and was dissatisfi ed with the treatment he employees, customers, residents, and emer- Kipling and Staff Attorney Aaron Caplan received from the judge in the case. He fi led gency personnel. In practice, police denied wrote the brief. a complaint with CJC, alleging improper entry to anyone who displayed anti-WTO conduct by the judge. Lt. Ehren Watada buttons, stickers, or signs. Libraries and the When the CJC began investigating the Th e ACLU sued the city of Seattle on claim, it sent Haselton a notice that he behalf of several citizens whose free speech Internet could not tell anyone about the complaint, rights were suppressed by police. Plaintiff s or he could be held in contempt. Th e CJC Public libraries should not deny adults Military Free included Victor Menotti, a credentialed based this notice on an administrative rule the opportunity to view whatever lawful in- representative of the International Forum Speech designed to protect the confi dentiality of formation is available on its computers. on Globalization, who was arrested for investigations. In November 2006, the ACLU fi led a Joining the U.S. armed forces does sharing his views on WTO policies with lawsuit on behalf of three library users not mean trading all your constitutional Th e ACLU intervened, contacting the a journalist on a downtown street. Doug who were denied open Internet access on rights for a uniform. Soldiers should not CJC and threatening to sue. After a lengthy Skove, a resident of Vashon Island, had public computers of the North Central be punished for explaining their political dialogue, the agency decided in June two signs seized by police because they Regional Library District (NCLR) in fi ve views when it does not adversely aff ect 2007 to amend its confi dentiality rules, criticized the WTO and advocated for the central Washington counties. We also military functions. In a much-publicized requiring silence only from CJC staff and right to protest peacefully. are representing the Second Amendment case, the ACLU defended the free speech court personnel, not the persons making In 2005, a mixed ruling from the 9th rights of a soldier who publicly voiced his a complaint against a judge. U.S. Circuit Court of Appeals said that opposition to the war in Iraq. Th e ACLU actions were handled by the protections of the Bill of Rights apply Army Lt. Ehren Watada believes the cooperating attorneys Marc Levy and Alex even during a time of public unrest, but war is unlawful and that he has a duty as Wagner of K&L Gates. unfortunately also upheld the constitu- an offi cer not to participate in it. In early tionality of the no-protest zone. Th e court June 2006, he held a press conference and Booted for a sent Menotti’s and Skove’s case back to the shared his views with individual reporters. trial court to determine whether police Later that month, he refused to board the T-Shirt enforcement of the zone had violated bus for his deployment to Iraq. their rights. Th e Army initiated court martial pro- Public events at a public school sup- In September 2006, the city fi nally settled ceedings. In addition to charges of refusing ported by tax dollars should be open to their claims for a total of $75,000. Th e city to report to duty, Watada was charged with all, regardless of political affi liation. But also paid $1 million to settle a separate case violating military rules on the use of “con- in October 2006, students wearing t-shirts by Public Justice on behalf of hundreds temptuous words” against the president supporting U.S. Senate candidate Mike of protesters arrested at Westlake Center. and other top governmental offi cials and McGavick were barred from attending Th ese settlements resulted in better training on “conduct unbecoming an offi cer.” a speech by Senator Barack Obama at a for police and changes in policy to better Th e ACLU submitted an amicus brief in campaign event for Senator Maria Cantwell respect the rights of protesters. Photo by Paul Sanders the court martial, stating that Lt. Watada at Bellevue Community College. Staff Attorney Aaron Caplan and coop- Charles Heinlen, an ACLU plaintiff in the lawsuit challenging library Internet did not violate the Uniform Code of Mili- At the time, Cantwell campaign workers erating attorney James Lobsenz of the fi rm fi lters. tary Justice by expressing his respectfully- argued that they rented the hall and could Carney Badley Smith & Spellman handled phrased opposition to the war. Shortly after decide who could attend. But a campus of- the case for the ACLU. „ ACLU-WA 2006-2007 Annual Report Because Freedom Can’t Protect Itself Page 5 Students & YOUTH

Passing the Torch of Liberty uestion: What were the three most valuable things you learned at Qtoday’s conference? Answer: I. Have. Rights. Th at’s how an 11th-grader summarized her experience at the ACLU’s annual Student Conference on Civil Liberties this March at the University of Washington. Th e conference is the fl agship event of the ACLU’s “Torch of Liberty” project, which aims to prepare the next generation of civil libertarians. Th is year’s conference attracted more than 160 students and teachers from a dozen high schools for a day of workshops, poetry by the group YouthSpeaks, and skits by GAP Th eatre, all designed to explain civil liberties issues. Th e highlight of the event was a presentation by former Army The ACLU student club at Garfi eld High School in Seattle. Pictured are Rhiannon Bronstein, Wang Ho, Maya Sugarman, Abel Chaplain James Yee, who shared stories and Teklai,Club President Sasha Riser-Kozitsky, Kristene Triandafi lou, and Karin Frank. slides of his experiences at the Guantánamo Bay detention center. Yee, who counseled Garfi eld High School in Seattle went into Muslim detainees, was falsely accused of 20 classrooms in February to lead discus- Dinorah Flores Wins ACLU Youth spying and held in solitary confi nement sions about civil liberties since 9/11. Th ey Activist Scholarship for 76 days, before he was released without presented scenarios based on real-life situ- an apology. ations the ACLU has encountered, asked When Dinorah “Dino” Flores-Perez over- groups. She collected signatures, published Other Torch of Liberty activities included thought-provoking questions, and gener- heard students at her school joking about an editorial, spoke before the Seattle School an award to two high school newspaper ated many stimulating discussions. using A-bombs to get Mexicans to “go Board, and masterminded an interactive editors during the annual ACLU Bill of running back to where they belong,” she “Haunted High” performance to spread Rights dinner, speakers on civil liberties didn’t laugh. She didn’t awareness about the at local schools, distribution of “bust Sex Education respond in kind either. disparity. cards” and other educational materials, Youth cannot make good choices about She got organized. She saw her eff orts and sponsorship of the youth-oriented sex and sexuality if they lack accurate in- “Instead of letting pay off in the cre- Capitol Hill Block Party. formation. Some schools in Washington those derogatory jokes ation of a committee Activists at 10 ACLU student clubs in seemed happy to keep youth in the dark by continue, I decided it dedicated to ending high schools and universities around the providing false or biased information that was my turn to speak,” the achievement gap state raised their voices and educated their fi t their political or religious agendas. In Dino said. “Instead and in greater school- peers. University clubs organized meetings fact, a survey by the Healthy Youth Alliance of going off on rants wide sensitivity to and forums, sponsored movies with civil – of which the ACLU is a member – found and getting into argu- issues of race. She also liberties themes such as V for Vendetta and 29 percent of school districts taught that ments, I choose to put mentored students of Th e Road to Guantánamo, and sponsored abstinence is the only way to prevent preg- my hands, thoughts color. debates on hot topic issues such as the nancy or sexually transmitted diseases, or and skills where my Dino, the daughter death penalty. In one especially ambitious that all sexual activity outside marriage is mouth is.” of Salvadoran and project, ACLU student club members at harmful. She became a leader Mexican parents who This year, the of Students Inspir- immigrated to the Dinorah “Dino” Flores-Perez ACLU and its allies ing Political Activism United States 12 years successfully lobbied (SIPA) at Th e Center ago, was one of 11 the Legislature to School in Seattle, a group dedicated to students in the nation selected this year pass the Healthy ensuring that the school is supportive of all for the $4,000 ACLU Youth Scholarship. Youth Act, which students regardless of race. Th rough SIPA, Dino was nominated for the scholarship requires schools she initiated dialogue between faculty, staff by the ACLU-WA. that teach sexual and students on the experience of being a “Dino Flores-Perez is a natural leader education to teach student of color. who is unwilling to back down in the face medically and sci- Dino also challenged the racial disparities of discrimination. She represents a new entifi cally accurate in Washington’s standardized testing sys- generation of students who are working to information about tem, which fails more low-income students promote civil liberties,” said ACLU Execu- sex and sexuality. and students of color than students of other tive Director Kathleen Taylor. „ It requires those schools to follow the 2005 Washing- NEED A SPEAKER? ton Department of Health guidelines for sexual educa- The ACLU ‘s got one for you. tion, which include The ACLU annually sends speak- information about ers to dozens of forums, com- both contraception munity meetings, and high school and abstinence. “Th is law will help and college classes around the provide youth in state. If it’s an civil liberties issue, Washington with we’ll try fi nd you the speaker. the facts they need to make responsible To set up a speaking engagement choices, and avoid for your school or organization, sexually transmitted call the ACLU at 206.624.2184, or diseases and unin- tended pregnan- fi ll out a Speakers Bureau request Photo by Paul Sanders Madeleine Marie Clifford, emcee at the Student Conference on cies,” said ACLU form online at www.aclu-wa.org/ Civil Liberties. Field Director Gen- resources. evieve Aguilar. „ Page 6 Civil Liberties ACLU-WA 2006-2007 Annual Report LGBT natures to qualify for the fall 2007 ballot. Freedom to Serve RIGHTS Th e ACLU is continuing to seek fairness for a decorated service member whom the U.S. Air Force has dismissed because she is lesbian. Major Margaret Witt is a fl ight and op- erating room nurse assigned to McChord Air Force Base near Tacoma. During a distinguished 18-year career in the military, Domestic she served in the Persian Gulf, received many medals and commendations, and Partnerships always had superb evaluations from her ame-sex couples in committed rela- superiors. In 1993, she was selected to be tionships deserve legal protections the “poster child” for the Air Force Nurse Sfor property and family rights. A Corps recruitment fl yer. year after the state Supreme Court failed to Between 1997 and 2003, Major Witt was uphold marriage equality, the ACLU and Photo courtesty of Jim Malatak in a committed relationship with another Jim Malatak and Richard Sturgill were the fi rst in line to register as domestic partners other supporters of fair treatment for all woman, a civilian. In 2004, the Air Force in Olympia loving couples scored an important victory began an investigation into an allegation in the 2007 state Legislature. Lawmakers that she had engaged in “homosexual passed a domestic partnership bill that with allies to publish a brochure and to Anti-LGBT activist Ken Hutcherson, conduct.” She was placed on unpaid leave provides many vital protections to same-sex present public forums around the state. a senior pastor at Redmond’s Antioch and told she could no longer participate in couples in committed relationships. Passage of the bill made Washington the Bible Church, promoted Initiative 963, any military duties. In 2006, the Air Force Sponsored by Sen. Ed Murray, the bill eighth state to recognize domestic partner- a measure that asked voters to roll back informed Major Witt that she was being creates a state registry of domestic partners. ships; so far, only Massachusetts allows the new guarantees against discrimination administratively discharged. Th is registration extends to domestic part- same-sex couples to marry. Th e ACLU based on sexual orientation. Th e ACLU fi led a federal lawsuit seeking ners some of the rights enjoyed by married continues to pursue the long-term goal of Th e ACLU and the Northwest Women’s to restrain the Air Force from discharg- couples, including the ability to make civil marriage for all couples in Washington Law Center fi led a challenge to portions of ing her or from otherwise hampering her medical care decisions for a sick partner, regardless of gender. the initiative’s text that contained mislead- military career. Th e suit seeks a declaration to visit a partner in the hospital, and to ing language designed to confuse voters. that Witt’s military discharge would violate inherit property without a will. Protecting a Victory Among other terms, the measure would her rights to engage in private activities Th e state will also recognize domestic have deleted references to “sexual prefer- without government interference. partnerships for heterosexual couples In 2006, the Legislature amended the ence” from the Washington Law Against In July 2006, the U.S. District Court in where at least one person is 62 or older. Washington Law Against Discrimination Discrimination – a term that does not Tacoma dismissed the lawsuit. Th e ACLU Th ey were included in the bill because to add protections for lesbians, gays, bisexu- actually appear in the statute the initiative has appealed to the 9th U.S. Circuit Court many older couples can lose pensions and als, and transgender people. Th is gain was sought to change. of Appeals. other benefi ts when they marry. the result of more than 30 years of work, A Th urston County Superior Court judge Handling the suit are cooperating at- To educate people about their rights, the and almost immediately after the measure agreed with the challenge and also clarifi ed torney James Lobsenz of the fi rm Carney ACLU quickly developed a guide to the new passed, opponents of equality targeted it terms about the coverage of the law. Badley Spellman and ACLU Staff Attorney law (available on our Web site), and worked for repeal. Happily, I-963 did not muster enough sig- Aaron Caplan. „

program, and that race-conscious programs All are available on the ACLU-WA Web and to explain why students fail the test. Racial must be narrowly defi ned to avoid quotas site and are being translated into Spanish. A Seattle Post-Intelligencer editorial praised or mathematic formulas. We also obtained a grant from the na- the ACLU report, observing that “As In an amicus brief defending Seattle’s tional ACLU’s Racial Justice program to Washington state moves toward imposing JUSTICE plan, the ACLU pointed out that it met hire a temporary education equity advocate tougher high school graduation standards, those standards. Th rough a review of the in the Tri-Cities area. Th is advocate will the issues require clear, urgent answers.” federal government’s own data, the ACLU form partnerships with the Latino com- showed that neither magnet schools nor munity, organize parent meetings and other Gang Ordinances student assignments based on socioeco- public forums, investigate disciplinary nomic criteria have proved suffi cient to actions by school offi cials, investigate law Many communities are struggling to as- address the segregation and re-segregation enforcement interactions with students, sure their residents that they are safe while Racial Segregation that plagues so many school districts across and analyze relevant education and dis- eff ectively enforcing the law. Unfortunate- in Schools the country. cipline data. ly, some local governments have attempted Th e U.S. Supreme Court ruled 5-4 in to curb gang violence by enacting overly racially mixed student body better June to reject the Seattle plan because it School Testing broad “anti-gang ordinances” that make prepares all students for life in an in- was not narrowly tailored. A majority of otherwise lawful activities a crime. Acreasingly diverse society and helps the court, however, recognized that school In recent years, educational policy-mak- In May 2007, the ACLU raised objec- ensure that a school district will distribute districts do still have a compelling inter- ers increasingly have relied on high-stakes tions to an anti-gang ordinance adopted by educational resources equitably among its est in racially diverse public schools. Th e testing both to evaluate performance the city of Sunnyside. Th e measure makes it schools. In a much-watched test of desegre- ACLU will continue its eff orts to bring of individual schools and to determine illegal to be a gang member or to participate gation programs, the ACLU urged the U.S. fairness and equality to schools. whether individual students can graduate. in gang activities, and empowers the city Supreme Court to affi rm the importance of Th e ACLU has been concerned about the to give tickets to parents whose children racial diversity in public schools – the key serious racial disparities in test results and participate in gangs. principle of its landmark ruling in Brown Education Equity has questioned whether minority students Its defi nitions of “gang activity” include v. Board of Education decision. are receiving an adequate education. wearing “identifi able apparel” of a gang Th is year the court reviewed combined Education is a key to opportunity, but In September 2006, the ACLU published in the wrong setting and associating with challenges to voluntary desegregation historically, access to a quality education a report on the drastic diff erences in Wash- people the police believe to be gang mem- programs that considered a student’s race has been limited by race, ethnicity and class. ington Assessment of Student Learning bers. Any organization with members who in decisions to assign students to public In response, the ACLU of Washington (WASL) test scores between students of at any time in the past engaged in gang schools in Seattle and Louisville, Kentucky. legal department formed the Education diff erent racial and ethnic groups in the activity could be considered a gang. For In 2005, the 9th U.S. Circuit Court of Equity Project, to address the disparities in state. Th e report pinpoints areas to inves- example, a church-based support group for Appeals had upheld Seattle’s use of race as discipline, truancy rates, and dropout rates tigate in order to understand the causes of ex-gang members would be considered a a tiebreaker in pupil assignments. for Washington’s students of color. the disparities. gang under the Sunnyside ordinance. Seattle’s plan applied only to schools that Th e project has published four guides to According to the 2005 WASL results, Indeed, the law’s vagueness means in received more applications than they could inform parents and students about their 47 percent of white 10th-grade students practice that law enforcement will have accept, with race as one of three factors rights in public schools and how to advocate passed all three sections of the test. But much discretion in enforcement, and in determining student assignments. Th e for them eff ectively. Individual guides focus only 21.7 percent of Native Americans, makes it more likely that police will rely on system allowed students to attend a high on school discipline proceedings, truancy 18.1 percent of African Americans and racial profi ling. Existing laws already cover school outside of their neighborhood in proceedings, and advocacy with school 20.1 percent of Latinos passed all three criminal behavior associated with gangs, which students of their ethnicity were in boards to change policies. Th e fourth guide sections – less than half the passage rate making the ordinance unnecessary. the minority. updates and expands our longstanding for white students. Th e cities of Yakima and Union Gap have Th e U.S. Supreme Court has ruled that publication on the whole range of students’ Th e report was submitted to the Wash- since enacted similar laws. Th e ACLU has public universities have a compelling inter- rights in schools – from free speech, due ington State Institute for Public Policy, the shared its concerns with civil rights organi- est in a racially diverse student body and process, and discrimination, to rights in state agency assigned by the Legislature to zations in the area and is watching carefully may use race as a factor in their admissions relation to police and privacy. track student performance in the WASL to see how the laws are enforced. „ ACLU-WA 2006-2007 Annual Report Because Freedom Can’t Protect Itself Page 7

community leaders to discuss policies that Right to will both protect our civil liberties and allow for innovation. PRIVACY Privacy in Banks Bank records can show much about people’s lives, including what they buy and from whom, which political and religious organizations they support, and more. Guarding Freedom Government should not have access to this st private information without proper due in the 21 Century process – that is, without going before a echnology is a double-edged sword judge and obtaining a court order. when it comes to civil liberties. Th e Th e ACLU defended the privacy of Tsame advances that enable us to personal bank records in a case decided quickly access public information and to by the Washington Supreme Court. State more easily lobby elected offi cials can also v. Miles stemmed from the Washington expose us to identity theft, eavesdropping State Securities Division having issued Doug Klunder, ACLU-WA Privacy Project director, and Christina Drummond, director and remote tracking. an administrative subpoena to request all of the ACLU-WA Technology and Liberty Project. Th e ACLU of Washington has stepped Washington Mutual banking records for up to these challenges by establishing a Michael Miles, who was being investigated Guests should not have to worry that police mandatory strip searches had been stan- Technology and Liberty Project. Th e new for fraud and other charges. Th e agency are looking through the hotel register and dard procedure for all detainees at Pierce project aims to ensure that government and also told the bank not to inform Miles taking notes on who chooses to stay there County Jail. business respect civil liberties principles about the subpoena. or the company they keep. Th e Washington Court of Appeals has in decisions about technology. Whether Miles’s lawyers argued that evidence gath- Th e ACLU was appalled when it learned put an end to that practice. Th e court browsing the Internet or using public ered this way was not valid and should have that the Pierce County Sheriff ’s Depart- ruled in August 2006 in Plemmons v. transportation, people should retain their been suppressed. But the trial court ruled ment was routinely viewing guest registries Pierce County that people held in local rights to express themselves freely, associate that since banks are “pervasively regulated” at local hotels. During a sweep in 2003, jails while they wait to post bail cannot with others, and maintain their privacy. institutions, constitutional privacy rights deputies examined the registry at the be strip searched without a warrant or “Modern technology moves very fast. do not apply to them. Golden Lion Motel in Lakewood. After reasonable suspicion that they are smug- Corporations and government agencies Th e ACLU submitted a friend-of-the fi nding outstanding warrants for Timothy gling contraband. adopt new tools, and only later does the court brief in the appeal to the Washing- Jorden, they entered his room, found drugs, In 2001, Abra Plemmons was stopped public realize how rights have been aff ected,” ton Supreme Court. It contended that and arrested him. A trial court convicted for speeding, and her name matched an said Christina Drummond, the tech-savvy because bank records are private, the state Jorden, and his conviction was upheld by arrest warrant for someone who forged a advocate who directs the new project. “We needs to go through a neutral magistrate the state Court of Appeals. check. Despite being the victim of identity want to raise awareness about civil liberty in order to get them – either by getting a Th e ACLU submitted an amicus brief to theft, a judge in Tacoma ordered Plemmons impacts, so they can be addressed before search warrant, or by issuing a subpoena the state Supreme Court, saying that the to be held until she could post bail. Th e implementation, not after.” that the subject can contest in court. Th e police “fi shing expedition” violated Jorden’s Pierce County Jail subjected her to a strip Drummond is working closely with ACLU also said that there is no pervasively right to privacy under the Washington search before placing her in a general intake ACLU-WA Privacy Project Director Doug regulated industry exception to our state’s Constitution. Th e ACLU asserted that area. Plemmons posted bail that evening Klunder, and is coordinating strategy with constitutional privacy right; or that if one hotel registration records are private, and and was released. Th e county eventually the national ACLU’s Technology and does exist, it’s very narrow and limited police may not access them without rea- realized she was innocent and dismissed Liberty Project. Her project already has solely to business records, not personal sonable suspicion of a crime. Giving police the forgery charges. produced educational materials and has information. blanket access to hotel records could allow Th e court agreed with an ACLU am- begun building partnerships with experts Th e Washington Supreme Court agreed, the government to learn about all guests’ icus brief, which explained that when in academia and technology industries. ruling unanimously in April 2007 that personal information, not just those with the Legislature enacted laws against strip It has published position papers on the bank records are private, and that govern- outstanding warrants. searches at local jails, it clearly intended to impacts of the REAL ID law, Radio Fre- ment needs a warrant or a subpoena that Reaffi rming the state’s historic commit- rule out general policies to strip search of quency ID tags (tiny radio transmitters can be challenged in court before gaining ment to privacy rights, the high court agreed temporary detainees. Th e brief was written that send information remotely) in ID access to them. Doug Klunder, director and overturned Jorden’s conviction in April by cooperating attorney Robert Hyde of cards, and data harvesting from driver’s of the ACLU-WA Privacy Project, wrote 2007. Doug Klunder, director of the ACLU- the fi rm Rafel Manville and Mathew Pile licenses. Klunder and Drummond have the amicus brief. WA Privacy Project, wrote the brief. of Riddell Williams. also started a blog, available at http://blogs. Th e state laws restricting strip searches of aclu-wa.org/tlp. Privacy in Hotels detainees were passed in 1986, after intense Th is July, Drummond organized a sym- Strip Search Limits lobbying by the ACLU. Th e ACLU had posium at the University of Washington Th e only privacy concerns of a hotel guest Under state law, local jails cannot strip- litigated several cases on behalf of people on RFID and personal privacy. Th e event should be whether the walls are too thin search someone unless there is a compel- unjustly strip searched without a warrant brought together academic, industry and or whether the drapes cover the windows. ling reason to do so. Yet until recently, at jails and detention centers. „

rights by requiring them to abide by the freedom ally for the government to give Wiccan pentacle symbol on the headstones Religious school’s anti-discrimination policies. equal recognition to the beliefs of all. of service members of that faith. In July 2006, the ACLU submitted Th e National Cemetery Administration Success came in April 2007 when the an amicus brief in Truth v. Kent School (NCA) of the U.S. Department of Veterans NCA fi nally agreed to add the pentacle FREEDOM District, supporting a lower court ruling Aff airs provides headstones to its list of approved that upheld the school district’s actions. free of charge to mark the emblems of belief, and to Th e court found that the Bible club, by graves of eligible veterans. provide pentacle-engraved Exclusive Religious forcing students to take a religious test to Th e memorial can include headstones and markers to become voting members, discriminated an emblem of belief, but the families in the lawsuit. Clubs on Campus against students of other religions. Th e it must be approved by Th e settlement resolved Public schools cannot discriminate ACLU pointed out that school offi cials the Secretary of Veterans a separate lawsuit on the against students on the basis of religious were not unfairly targeting the student Aff airs. Th e approved list issue, fi led by Americans beliefs. In a lawsuit before the 9th U.S. group, because it could still meet and hold included diff erent forms United for Separation of Circuit Court of Appeals, the ACLU is activities at school, in accordance with state of the Christian cross, the Church and State. seeking to ensure that student clubs respect and federal laws on equal access. six-pointed Jewish star, Th e fi rst headstone bear- this principle. Cooperating attorney Jane Whicher and the Muslim crescent, ing the pentacle was in- Th e case involves a student-run bible club wrote the ACLU brief. as well as symbols for athe- stalled a month later at ists and secular humanists, Photo by Debby Morris Arlington National Cem- at Kentridge High School that applied to The fi rst tombstone in receive funding and offi cial recognition among many others. Arlington National Cemetery etery. It marks the grave from the school’s student government. Gravestones for But since the mid-1990s, featuring a Wiccan pentacle. of World War II veteran Th e club would accept members only if Veterans the agency had stalled Abraham Kooiman, the they were Christian, as defi ned by the requests by veterans and father of Kathleen Egbert, club. Th e Kent School District denied Under the First Amendment, the gov- their families to add the pentacle to its one of the plaintiff s represented by the the club’s request because the club’s rules ernment may not endorse any particular list. Th e ACLU-WA and national ACLU ACLU. violated district policies banning religious religion – or religion in general – nor may sued on behalf of two churches and three ACLU-WA Staff Attorney Aaron Caplan discrimination in student activities. Th e it treat some religious groups diff erently individuals, including the mother of a represented the petitioners along with Dan- club members sued, claiming that the from others. Yet when it came to veterans, soldier who was killed in action in Iraq in iel Mach of the national ACLU’s Program school violated their First Amendment it took action by the ACLU and a religious 2004, who requested the engraving of the on Freedom of Religion and Belief. „ Page 8 Civil Liberties ACLU-WA 2006-2007 Annual Report

after their release from prison. In 2006, Rodriguez-Lopez and Jessica Skelton of Right to a King County Superior Court judge Immigrant K&L Gates. found this modern form of the poll tax unconstitutional. But in July of this year, VOTE the Washington Supreme Court - ignoring RIGHTS The Language of economic realities - overturned the lower court’s ruling. Handling the case were Due Process Peter Danelo and Molly Terwilliger of the Th e right to due process includes a Modern Poll Tax fi rm Heller Ehrman White & McAuliff e, Discriminatory reasonable opportunity to understand ACLU-WA Staff Attorney Aaron Caplan, legal proceedings, as well as to be heard. he right to vote should never be and Neil Bradley of the ACLU Voting Initiative When people involved in litigation speak conditioned on one’s fi nancial Rights Project a language other than English, they should means. Yet Washington denies the ritics of immigration policy have in T Now, attention turns to the state Legis- have access to a translator, so that they can recent years sought to enact local franchise to many people who’ve served lature. When the 2007 session began, the ordinances that would wrongly put protect their rights. time in prison solely because they owe ACLU’s hopes were buoyed by increasing C local offi cials in the position of attempt- Th e ACLU is defending this right in an debts imposed as part of their sentence. recognition from political leaders of the ing to enforce federal immigration laws. amicus brief submitted in the case of three As a result, a person with more money is need for reform legislation. Governor And they often are written so loosely that Bosnian immigrants who are challeng- they would put unreasonable burdens on ing decisions of the Board of Industrial many people, particularly the poor and Insurance Appeals over compensation for the elderly. job injuries. Th e ACLU successfully challenged the Hajrudin Kustura, Gordana Lukić and language of one such ballot initiative Maida Memišvić speak a dialect of Bos- proposed in 2007. Initiative 966 would nian. But the Department of Labor and have required state and local government Industries off ers only limited translation offi cials to verify the identity and status of of documents and proceedings for people every person applying for state and local fi ling claims, which does not include benefi ts. Civil servants who did not report Bosnian. Th e three claimants were not undocumented immigrants to authorities given access to a translator so that they could be prosecuted. could understand testimony and attorney Agreeing with our challenge to the ballot discussions at their hearings; in fact, the title, a Th urston County Superior Court board prevented Kustura from hiring a judge altered language that failed to men- translator on his own. tion that I-966 would have aff ected access Washington state already requires trans- to more than 30 programs, including lation services during criminal proceedings. some dealing with the elderly, children Th e ACLU says that this requirement should also apply to civil proceedings, such Voting Rights Restoration volunteers Bess McKinney and María Elena Ramírez. and the disabled. Th e court also removed misleading language that neglected to say as reviews of worker compensation claims. the measure would impact both citizens Th e case is pending before the Washington far more likely to regain the right to vote. Chris Gregoire has said that withholding and noncitizens alike. Th e ACLU brought Court of Appeals. Our system for restoring voting rights is voting rights due to fi nes creates “a virtual the challenge on behalf of the Children’s not only unfair, it is so complex and unreli- debtors’ prison.” Th e ACLU brief was written by coop- Alliance, a statewide organization that able that offi cials have been unable to track We backed a measure that would stream- erating attorneys Christine Snyder and advocates for services for children. accurately who is eligible to vote. line the process by automatically restoring Pamela DeVet of the fi rm Gordon Tilden I-966 failed to get enough signatures Disenfranchisement is a serious problem. the right to vote for people upon release. Th omas and Cordell, LLP, and Staff At- to qualify for the ballot. Th e ACLU In 2002, according to the Department of It would not waive individuals’ court- torney Aaron Caplan. Th e claimants are challenge was presented by ACLU coop- Corrections, 46,500 people with past felon imposed debts or change the conditions being represented by the Northwest Justice erating attorneys Paul Lawrence, Martha convictions in Washington were unable of sentences. Instead, it would create a Project. „ to vote just because of outstanding “legal clear distinction: People who are in prison fi nancial obligations.” cannot vote, and people who have been did not pass. Th e bill remains a priority for complicated, often bewildering process Th e ACLU has worked to remedy this released can vote. Although the legislation us, especially with the approach of another to regain their right to vote. Led by staff er situation for several years. In the legal won broad support from the League of presidential election. Eric Nygren, the project has helped nearly arena, we fi led a lawsuit in 2004 (Madison Women Voters, the State Labor Council, Meanwhile, volunteers with the ACLU- a hundred people get their certifi cates of v. State), challenging the state law on be- the Paralyzed Veterans of America, and the WA Voting Rights Restoration Project discharge, the court document required for half of several citizens barred from voting Coalition of Sexual Assault Programs, it continue to help people navigate the them to be able to register and vote. „

Th e ACLU and NWLC submitted a Women’s friend-of-the-court brief urging the Su- preme Court to treat Hegwine’s termina- tion as sex discrimination. For more than RIGHTS 30 years, Washington law has prohibited adverse treatment of women because of pregnancy or childbirth, requiring employ- Pregnancy Is Not a ers to accommodate the needs of a pregnant employee whenever possible. Disability Th e brief was written by cooperat- hough sex discrimination in employ- ing attorney Kathleen Phair Barnard of ment is illegal, some employers still Schwerin, Campbell, Barnard and Iglitzin, Tfi nd ways to deny job opportunities ACLU-WA Legal Director Sarah Dunne, to pregnant women by claiming that preg- and Sara Ainsworth of NWLC. nancy is a disability or a handicap that can’t be reasonably accommodated. But pregnancy is a natural condition, Access to Medicines and bias against a pregnant employee must be treated as a form of sex discrimination. Individuals have a right to access health Th e ACLU and the Northwest Women’s care. While there may be cases where Law Center (NWLC) recently reminded an individual pharmacist has a right to ESPN sports reporter Doris Burke and State Senator Jeanne Kohl-Welles participated the Washington Supreme Court of this in refuse to provide a prescription based on in a panel to celebrate the 35th anniversary of Title IX, sponsored by the ACLU-WA and the case of Hegwine v. Longview. religion or belief, this refusal must not the Women’s Sports Foundation. Stacey Hegwine was fi red from a job burden the patient or interfere with the as an order checker for Longview Fibre patient’s health. Th e board voted in April 2007 to obli- customers to other pharmacies. Company after the company found out she After 18 months of pressure from the gate pharmacists to fi ll valid prescriptions With the changes in regulations, the was pregnant. Th e company argued that ACLU and its allies, the Washington regardless of their personal feelings about Board of Pharmacy has struck the ap- the job required her to lift more weight Board of Pharmacy adopted new regula- a particular medicine. Pharmacists who propriate balance between patients’ rights than she was able to. When Hegwine sued tions based on this principle. Th e action object on religious or personal grounds may of access to medication and pharmacists’ the company for violating the Washington came after reports emerged of pharmacists ask another pharmacist on duty to provide individual rights. Patients are now assured Law Against Discrimination, her former refusing to fi ll prescriptions for contracep- the medicine, but in all cases the pharmacy that they can get prescriptions fi lled for employer asked that the case be considered tives, HIV and other medicines, based on must fi ll the prescription in a timely man- HIV medication, emergency contracep- a disability matter. religious or personal beliefs. ner. Pharmacists will not be allowed to refer tives, and other medications. „ ACLU-WA 2006-2007 Annual Report Because Freedom Can’t Protect Itself Page 9

Nickels appointed the ACLU’s Jennifer Criminal Shaw to another special panel that will examine how to improve Seattle’s account- ability system. JUSTICE Th e city of Spokane also experienced two high-profi le police incidents that high- lighted the need for independent oversight of police. In response, the ACLU helped Making Police organize a series of public forums on police accountability, including presentations by Accountable Jennifer Shaw and ACLU Board Member ociety vests police with the power Brooks Holland of Gonzaga University to restrain and arrest people, and to Law School. Th e ACLU continues to work Suse deadly force when the circum- with advocates in Spokane to support the stances warrant it. Th ese powers must be public commitment by Police Chief Anne balanced with fair and eff ective means for Kirkpatrick and Mayor Dennis Hession the citizenry to hold police accountable to create an independent offi cer to moni- when allegations of misconduct arise. tor citizen complaints and promote good Th e ACLU continues to play a leading police practices. role in eff orts around the state to seek greater police accountability. In King County, ACLU Legislative Director Death Penalty Legislative Director Jennifer Shaw proudly displays the King County Sheriff’s Blue Jennifer Shaw served on a blue ribbon Ribbon Panel report, which she helped to produce. panel appointed by the County Council Juries to examine the Sheriff ’s Offi ce. Th e panel Th e fair selection of juries is a crucial out that the ruling was a departure from living. Lewis had been convicted of a sex came in the wake of a hard-hitting series element of any trial, especially so when previous decisions that allowed individu- off ense when he was a minor, had com- in the Seattle Post-Intelligencer that detailed that trial could result in the death penalty. als opposed to the death penalty to serve pleted the terms of his sentence, and had incidents of misconduct by county law People should not be excluded from serv- on juries. not committed another off ense for more enforcement offi cers. ing on juries simply because they express Th e brief was written by ACLU-WA than a decade. After several months of work, the body reservations about applying the death Legal Director Sarah Dunne and Staff At- In practice, the only way for him to issued an in-depth report pinpointing penalty. torney Nancy Talner, and national ACLU comply with the law was to move out of barriers to accountability, including insuf- Th is issue was at stake when the ACLU legal staff . the city. fi cient investigators to handle complaints fi led an amicus brief with U.S. Supreme The ACLU asserted that Issaquah’s against offi cers and lack of solid methods Court in the Washington state capital case ordinance is inconsistent with state law, for investigating employee misconduct. of Cal Coburn Brown. At Brown’s trial, a Offender Housing which does not restrict where sex off enders In October 2006, the Council voted to jury candidate was dismissed after saying Restrictions may live after they have completed their implement a key recommendation of the he would consider a defendant’s future sentences. Th e city’s law also imposed panel: creation of an independent offi ce dangerousness in deciding whether to Some local governments have adopted additional punishment on someone who to review complaints of misconduct by impose the death penalty. However, the laws to restrict where people with convic- had already served his time. Sheriff ’s Offi ce employees. Th e new offi ce man confi rmed that he would follow the tions for sex off enses may live. While these A superior court judge did not grant the will provide sorely needed oversight to the court’s instructions and the laws on sen- ordinances may be politically popular, ACLU’s request for an injunction barring Sheriff ’s operations. tencing, and that he would indeed consider making it very diffi cult for former off end- the law’s enforcement. A settlement was Th e Seattle Police Department already imposing the death penalty. ers to fi nd housing does not make us safer. reached in May 2007, with the city agree- has a citizen review process, but the SPD Th e ACLU urged the court to uphold Th e ACLU and law enforcement offi cials ing to pay $5,000 to Kyle Lewis and his also has come under fi re from the media established constitutional and legal proce- alike agree the public interest is best served mother, to cover moving and other costs. and community groups. Several years ago, dures, which recognize that the standard for when individuals who re-enter society have Th e city’s ordinance stayed in place. Th e pressure from the ACLU and others led jury selection must be whether candidates stable living situations. case was handled by ACLU cooperating to the creation of a civilian-led Offi ce of can put aside any personal beliefs about the Th e city of Issaquah adopted an ordi- attorney Jeff rey Cohen and Staff Attorney Professional Accountability to investigate death penalty and fairly apply the law. nance that limited sex off enders to living Aaron Caplan. allegations of misconduct. However, Chief However, in June 2007 the Supreme in undeveloped land or commercial and Other cities will not be following Gil Kerlikowske has recently overridden Court ruled 5-4 to reinstate Cal Brown’s industrial buildings with no dwellings. Issaquah’s lead. Th e 2006 Legislature its recommendations in several incidents death sentence, which had been overturned In 2005, the ACLU fi led a challenge on adopted a measure prohibiting individual where offi cers allegedly used excessive force by the 9th U.S. Circuit Court of Appeals. behalf of Kyle Lewis and his mother, in cities from adopting similar laws in the or planted evidence. In June 2007, Mayor Th e court’s minority opinion pointed whose Issaquah rental property he was future. „

to the Legislature on how best to provide Washington Legislature in 2007 enacted contends that suspicionless testing violates Drug Policy patients access to medical marijuana. Th e ACLU-supported legislation (SB 5533) the “privacy clause” of the Washington bill also clarifi ed that the police do not that provides alternatives to prosecuting Constitution (Article I, Section 7), which need to confi scate and destroy patients’ mentally ill people suspected of commit- provides that “No person shall be disturbed REFORM medical marijuana. ting a criminal off ense. in his private aff airs, or his home invaded, Th e bill should signifi cantly reduce ar- Last fall, the ACLU participated in a without authority of law.” rests of medical marijuana patients and summit organized by law enforcement of- “I object to the urine-testing policy as Medical Marijuana caregivers. And for the fi rst time, many fi cials and advocates for the mentally ill that an unwarranted invasion of privacy. I legislators seriously discussed the value focused on how to prevent the recycling want school to teach our children to think is Not a Crime of marijuana as medicine and recognized of individuals through the criminal justice critically, not to police them,” said Hans he War on Drugs has snared people the need to assist patients. Th e ACLU will system. Recommendations generated at York, a deputy sheriff and plaintiff in the whose only “crime” was relying on continue to work for further reforms to the this summit will be used to guide further Wahkiakum suit. Tmarijuana to manage severe pain or medical marijuana law. reforms in the 2008 Legislature. Also pending in Kittitas County Superior to cope with other symptoms of chronic Court is an ACLU suit fi led in 2005 against illnesses. Th ough the people of Washington Alternatives to Jail the Cle Elum-Roslyn School District on state in 1998 adopted an initiative allowing Drug Testing in behalf of several parents, students, and a medicinal use of marijuana, nearly a decade Th e government has misdiagnosed drug School football coach. Th at year, the school board later some medical marijuana patients, dependency as a criminal problem, result- adopted a policy requiring any student in a their caretakers and those who provide ing in the prosecution and conviction of Drug testing invades privacy, and na- cocurricular activity to consent in writing them with medicine still faced arrest and thousands of people who would be better tional studies have shown it to be ineff ective to suspicionless drug testing. prosecution. Th is year the state Legislature served by treatment and support. Th e in preventing drug abuse by students. Yet Studies have found that suspicionless passed an ACLU-backed measure to rem- ACLU is working with advocacy organiza- some schools have decided to test students student drug testing does not aff ect stu- edy the problem. tions and other partners to keep individuals without suspicion, as a condition to par- dent drug use. Th e fi rst large-scale study, Th e Medical Use of Marijuana Act (I- suff ering from these illnesses out of the ticipate in extracurricular activities. Th e published by researchers at the University 692) allows patients with certain condi- criminal justice system, and to help them ACLU is challenging this policy in two of Michigan in 2003, found no diff erence tions to use marijuana as medicine, with function in society. Washington school districts. in rates of drug use between schools that a physician’s recommendation. However, At the local level, ACLU-WA Drug Policy In May 2007, the Washington Supreme have drug testing programs and those the law did not clearly specify how much Reform Project staff helped design the Court heard oral arguments in our lawsuit that do not. marijuana patients and caregivers could “Clean Dreams” pilot project in Seattle’s on behalf of parents at the Wahkiakum Cooperating attorneys Eric Martin and possess. Rainier Beach community. Clean Dreams School District in southwest Washing- Natasha Black of Davis Wright Tremaine Addressing this and other concerns, Sen- promotes public safety by providing so- ton. Several years ago, the school board have handled the Wahkiakum case. Mat ate Bill 6032 directed the Department of cial services to at-risk and drug-involved adopted a policy requiring all students in Harrington of Heller Ehrman is handling Health to defi ne a presumptive “60-day young adults, as an alternative to arrest extracurricular athletic activities to agree the lawsuit against the Cle Elum-Roslyn supply” and to provide recommendations and prosecution. At the state level, the to urine testing without suspicion. Th e suit School District. „ Page 10 Civil Liberties ACLU-WA 2006-2007 Annual Report

Mark Dorshkind Cindy Jordan Anders Ibsen-Nowak Yvonne Saddler Thank You Kelly Dundon Lorraine Kasprisin Libby Parham Yvonne Sanchez Natalie Durfl inger Chad Kearney Josette Parker Paul Sanders VOLUNTEERS Dana Elkun Paul King Linnea Patrick Michael Saylor Eve Enslow Jeff Kingsbury Sahar Fathi Mark Kolner Bryce Felt John Knudson Brittany Fitch Matthew Kreiling Matthew Adams Khayah Brookes Judy Fleissner Ameya Krishnan Josh Adlin Laura J. Buckland Robert Flennaugh John Lambert Sheena Aebig Justin Campbell Brynn Foster-West Dan Larner Sherri Allen Will Canine Heather Francks Shari Larsen Mark Anderson Keo Capestany Jennifer Franich LeAnne Laux-Bachand Laura Anglin Aaron Case Rachel Fulton B. Stephen Lee Mark Aoki-Fordham Yalisha Case Seth Furman Arthur Leone Susan Arthur Cathy Clemens Patrick Gallagher Kimberly Lesley Laura Backus Ronda Cobb Mary Gallwey Nancy Levin Justin Baird Geoff Cole Richard Gammon Sheldon Levin Lorie Bannai Tracy Connelly Deborra Garrett Heather Lewis-Lechner Mina Barahimi Mark Cooke Patricia George B. Parker Lindner Alison Barany Bill Crepeau Gery Gerst Terry Lush Melody Good Cynthia Lynn Hillela Simpson and Daniel Davidson Leoule Goshu Chris Maier Mike Graham Donna Manders Stan Graves Andy Mayo Derrick Peacock Michael Schein Nathan Griffi n Linda McCarthy Nels Peterson Leaf Schumann Dave Griffi th Colin McCluney Carley Phelan Katie Sheehy Rebecca Guerra Rebecca McCoy-LaForce Katherine Plimpton Sarah Shifl ey Carol Guthrie Bess McKinney Robert Plumb Paula Shifl ey Nora J. Hallett Vonda McIntyre Djordje Popovic Korri Shimizu Mari Hayman James McLallen Judy Porterfi eld Brett Silton Rachael Heade Tyler McLane Kristina Purdom Hillela Simpson Richard Hearsey Kevin Means Margaret Pryor Marcia Skok Bob Hedrick Colleen Melody Christopher Quarles Robert A. Skylstad Susan Helf Judy Mercer Steve Quesinberry Karl Smith Dan Laster Molly Henry Mark Messenger Alan Rabinowitz Marilyn S. Smith Elizabeth Hershman-Greven Bill Miller Shanthi Raghu Erica Snyder Robin Barker Michelle Croft Karolyn Hicks Geoff Miller Fred Rakevich Bryan Sonderman Russell Bates Craig Danz William Hillius Th omas Miller Rosalind Ramberg Ian Spiers Don Beckett Daniel Davidson Percy Hilo Felicita Monteblanco Maria Elena Ramirez Th addeus H. Spratlen Ed Beechert Richard Davies Catherine Hinchliff Marisa Morales Megan Raynor Travis Spears Judy Bendich Jeff Davis Rob Hitt Larra Morris RoseMary Reed Anita Srivastava Phil Bereano Robin Dean Brooks Holland Jill Mullins Lacy Renfroe Jay Stansell Richard Berley Edie deChadenedes Suzanne Holland Sal Mungia Sasha Riser-Kositsky Richard Steele Patty Bicknell Craig Dewey Alex Hudson Gary Murrell Jean Robinson Ward Stern Bonnie Bizzell Carolyn DeRoos Joanna Hunt Bradly Nakagawa Trilby Robinson-Dorn Lizzie Stewart Winnie Boland Roger DeRoos Anders Ibsen Johann Neem Willie Robinson Ward Stern Jamie Bollenbach Kathy Dixon Anne Jacobson Polly Nelson Devon Rogers Naomi Strand Chrystina Bowlin Leanne Do Beth Jones Th uha Nguyen Mariya Rohde David Tagliani Karen Boxx My-Lan Dodd Rob Jones Jeanetta Noland Rick Rubin Brad Th omas Cassandra Boyd Israel Donahue Floyd Jones Brian North Brett Rubio Denise Th omas Nancy Bristow Joanie Dorsey Howard Jones Fred Northup Jr. Cecile Ryweck Tyrone T. Th orsen Kate Tylee John Ullman Chapters in Art Vaeni Nick Verbon Heather Villanueva ACTION Ashish Wahi Chris Walker Th e ACLU of Washington brought the Kevin Wallace message of freedom across the state, with the help of activists in its local chapters. Ben Waters Th ey hosted tables at fairs and community Colleen Waterhouse events, distributed literature, organized pub- Peggy Weir lic forums, wrote letters to the editor, showed Jane Wekell-Pulliam fi lms dealing with civil liberties, marched in parades and more. Jody Weller Chapter activists helped educate the public about abuses of power stemming Henry Werch from the War on Terror. Grays Harbor County members held a “wake” – coffi n Alexis Wheeler and all – for the Constitution, to mark the passage of the Military Commissions Don White Act. ACLU activists in San Juan Island organized a forum on civil liberties and Vandana Whitney the War on Terror, featuring former U.S. Attorney John McKay. Th e Jeff erson Steve Wilker County Chapter welcomed a crowd of 150 people for a speech by former Scott Willoughby Guantánamo Army Chaplain James Yee. Edward Wilson Working at the grass roots, chapters helped to pursue LGBT equity in Wash- ington. Th e Whatcom and Yakima County chapters tabled at their local Pride Walt Wilson events. Th e Whatcom, Pierce and Yakima County chapters sponsored forums Kate Winne on domestic partnerships. Bob Withycombe Chapter members also advocated for better accountability of police in their Carmen Wong communities. In Spokane they helped organize a series of public forums featuring Tracy Wood Police Chief Anne Kirkpatrick, investigative reporter Tim Connor and other LeeAnn Woodrum local leaders. Th e Pierce County Chapter sponsored a talk by Tansy Haywood, Clark County Chapter members Quan Tran, Dianne Janet Woodward Hibbard, Peggy Carroll and Melody Good. member of the Tacoma Citizen Review Panel, to discuss the state of police ac- Richard Wright countability in the city. Morgan Wynne Th e ACLU’s annual Lobby Day on Feb. 13 was again a success. It brought James Yi supporters from 17 legislative districts around the state to Olympia to advocate for ACLU priority issues in the Legislature. Participants Suk-Lin Zhou also attended and testifi ed in a Senate hearing on a bill to restore voting rights to people who’ve completed prison sentences. ACLU-WA 2006-2007 Annual Report Because Freedom Can’t Protect Itself Page 11 Volunteer Revenue & ATTORNEYS EXPENSES

Cohen & Iaria Heller Ehrman Rafel Manville PLLC Jeff rey Bernstein Rima Alaily Robert Hyde 2006-2007 Revenue & Expenditures Jeff rey Cohen Peter Danelo Duncan Manville (unaudited)* Katherine Foley Carney Badley Smith & Justo Gonzales Schroeter Goldmark & ACLU of Washington Foundation Spellman Lisa Hardie Bender Support & Revenue James Lobsenz Mathew Harrington Adam Berger Mark Parris Martin Garfi nkel Annual Fund Campaign ...... 1,263,089 Columbia Legal Services Molly Terwilliger Workplace Giving ...... 136,139 Peter Greenfi eld Schwerin Campbell Peggy Williams Bequests and Miscellaneous ...... 408,094 Barnard & Iglitzin Davidson Czeisler & Endowment Fund Income ...... 276,832 Johnson & Flora PLLC Kathleen Barnard Kilptaric, P.S. Foundation Grants ...... 691,578 Mark Johnson Ken Davidson Skellenger Bender, PS Transfers from Designated Funds ...... 54,742 Less sharing with National ACLU ...... (358,332) K&L Gates Beth Andrus Davis Wright Tremaine Jay Carlson Raegen Rasnic Total ...... 2,472,142 Kristina Bennard Michelle Jensen Natasha Black Stoel Rives Paul Lawrence Randy Gainer Laura Beveridge Expenses Marc Levy Roger Leishman Ryan Redekopp Communications Program ...... 405,716 Eric Martin Stokes Lawrence, P.S. Martha Rodriguez-Lopez Legal Program ...... 528,906 Lissa Shook Scott Johnson Michael Ryan Field Program ...... 121,312 Drug Policy Reform Project ...... 376,460 Dorsey & Whitney Matthew Segal Susman Godfrey Liberty & Technology ...... 39,853 Sarah Evans Jessica Skelton Justin Nelson Development ...... 304,897 Shawn Larsen-Bright Alex Wagner Yarmuth Wilsdon Calf Management & General ...... 403,615 John Schochet McCullough Hill, PS PLLC Total ...... 2,180,759 Frank Freed Subit & Rich Hill Jordan Gross Th omas LLP MacDonald Hoague And Michael Subit ACLU of Washington & Bayless Venkat Balasubramani Support & Revenue Gendler & Mann Tim Ford David Boerner Membership ...... 524,141 Mickey Gendler Kay Frank Jennifer Cosgrove-Smith Jesse Wing Lafcadio Darling Annual Fund Campaign ...... 66,250 Gordon Tilden Th omas Fred Diamondstone Bequests & Misc ...... 27,805 & Cordell NASD Regulation, Inc. Chris Gamache Add sharing with National ACLU ...... 27,721 Pamela DeVet David Utevsky Christian Halliburton Total ...... 645,917 Christie Snyder Doug Klunder Perkins Coie Mark Wilner Dan Laster Breena Roos Expenses Jeff rey Needle David Taylor Hagens Berman Sobol David Nichols Communications...... 64,024 James Williams Shapiro Leigh Noff singer Legislative & Field Programs ...... 244,465 Barbara Mahoney Peterson Young & Putra Timothy McMichael Fundraising ...... 25,373 Anita Ramasastry Board Governance ...... 9,355 Hillis Clark Martin & Felix Luna Traci Ann Sammeth Management & General ...... 115,740 Peterson Jan Eric Peterson Lila Silverstein Amit Ranade Total ...... 458,957 Phillips Law Group, David Sorenson *Audited statements will be available from the ACLU-WA offi ce late Kipling Law Group PLLC John Strait summer 2007 PLLC Matthew Geyman Ruth Todd Michael Kipling Jane Whicher Public Interest Law Group Timothy Moran Sherri Wolson Hank Balson David Zuckerman

Nominating Underway

Th e Board Nominating Committee is reviewing candidates for this fall’s elec- tion to the ACLU of Washington Board of Directors. Th e committee looks for Board of Directors individuals whose strong interest in civil liberties and civil rights is combined with a willingness and ability to make a serious time commitment to the organization’s Nancy Bristow Suzanne Holland Robert Plumb work, including fundraising. Nominees also should have skills and experiences Eve Enslow Cindy Jordan Amit Ranade that will enhance the work of the Board. Judy Fleissner Mike Kipling RoseMary Reed Th e Nominating Committee is committed to ensuring a diversity in Board Mary Gallwey Doug Klunder Jean Robinson Chris Gamache Daniel Larner Trilby Robinson-Dorn membership that refl ects the ACLU’s mission of advancing equality for all and Moloy Good Dan Laster Matt Segal that enables us to reach out to underrepresented groups. Rebecca Guerra Paul Lawrence Ashish Wahi Th e Board determines policy, oversees program direction and ensures the ACLU- Carol Guthrie B. Stephen Lee Jesse Wing WA’s fi nancial strength. Each Director makes signifi cant contributions of time Christian Halliburton Judy Mercer and eff ort through participation in Board meetings, fundraising, annual events Brooks Holland Geoff Miller and other activities. Call the ACLU-WA offi ce for a complete job description for Board members. Jesse Wing Civil Liberties Ten of 30 at-large positions will be up for election. Members may submit sug- President Published four times a year at 705 2nd Avenue, 3rd gestions for nominees to the Nominating Committee in care of the ACLU-WA Kathleen Taylor Fl., Seattle, WA 98104-1799. Phone 206.624.2184. offi ce. Members also may be nominated by a petition signed by fi ve ACLU-WA Executive Director Membership is $35 and up. Civil Liberties is a benefi t members and submitted to the Executive Director, along with a 150-word state- Roberto Sánchez of membership. Incorrectly addressed mail and address ment, by Sept.25. Editor corrections should be sent to the above address. Every Th e election takes place in the fall edition of Civil Liberties. New Board mem- Abby Vogus signed article in Civil Liberties is the opinion of the bers are seated in January. Design/Layout writer and not necessarily ACLU policy. Page 12 Civil Liberties ACLU-WA 2006-2007 Annual Report

THE LEGACY CHALLENGE: Ways of Giving to the ACLU Th e ACLU of Washington and the ACLU of Washington Foundation are Defend Freedom Today with Your separately incorporated nonprofi t organizations. Th e ACLU is our member- ship and legislative lobbying organization, supported by dues, which are not Gift for the Future tax-deductible. Th e ACLU Foundation is our tax-deductible arm and conducts litigation, research, and public education in support of civil liberties. You may have seen the mailings or even read the “Legacy of Liberty” brochure. The news that a major donor in New York had offered to make Cash or Credit Cards: We accept cash and checks as well as debit cards and a cash donation of up to 10 per cent of any bequest to the ACLU Foun- credit cards via MasterCard or VISA. Monthly, quarterly, or other installment dation included in or added to a will during 2005 and 2006 was exciting schedules are welcome. indeed. Equally newsworthy, however, is the fact that over 45 generous Give online at: www.aclu-wa.org. ACLU donors here in Washington notifi ed us to say they were leaving Gifts of Stock: By giving appreciated securities, you can usually deduct the more than $4.3 million to the ACLU Foundation through planned gifts. full fair market value of your stock and avoid capital gains taxes. As a result, the ACLU received over $165,000 in matching donations— funds that were put to immediate use—from the Robert W. Wilson Workplace Giving: If your employer has an employee giving campaign, Charitable Trust. payroll deduction is a convenient way to make a tax-deductible contribution. We would like to extend our heartfelt thanks to every Washingtonian Matching Gifts: Many companies match charitable contributions of who joined in that effort. Their foresight in planning for a future gift has employees. If your employer has a matching gift program, please designate helped to ensure that the ACLU will always be able to defend the Consti- the ACLU Foundation. tution and the Bill of Rights. What’s more, in providing for future support of the ACLU, each of those individuals enabled us to receive a matching Honorary and Memorial Gifts: If you would like to honor someone special gift that we put to work right away. or the memory of a loved one, you may make a gift and include a personal The news gets better: We are thrilled to report that the Legacy Chal- message that we will send to the person or family. lenge has been renewed for another two years, with a retroactive start Gift Memberships: Share your commitment to civil liberties with a friend or date of June 1, 2007. Now, when a donor notifi es us for the fi rst time family member through a gift membership. Th ey will receive a special that they’ve established a planned gift, the Robert W. Wilson Charitable acknowledgment and other materials to introduce them to the ACLU. Trust will once again make a cash donation of up to 10 per cent of the future gift’s value, with a maximum match of $10,000. Retirement Accounts: When you designate the ACLU or ACLU Foundation as a benefi ciary of your IRA, 401k, or other retirement plan, How does it work? you may avoid estate tax and income tax.

1. Complete your bequest provision for the ACLU Life Insurance: By naming the ACLU Foundation as the owner or Foundation in your will or trust. benefi ciary of a life insurance policy, you may generate a charitable income tax deduction equal to the current value of the policy. 2. Tell us about it. (Matching forms are available from our offi ce, online or at your local affi liate.) Bequests: If you provide for the ACLU in your will, your bequest will fund our critical legislative eff orts. By designating the ACLU Foundation, you 3. A cash donation of up to $10,000 will be made by the support all of our work and may reduce the estate tax. Robert W. Wilson Charitable Trust. Life Income Plans: A gift annuity, pooled income fund, or charitable For answers to any questions you may have, please call or e-mail remainder trust pays income to you or another person over time and may Theda Jackson Mau, ACLU of Washington Director of Development at provide a charitable income tax deduction. 206.624.2184, or at [email protected]. Or, if you prefer, visit The Legacy Challenge: When you designate the ACLU www.legacy.aclu.org for estate planning checklists, gift calculators, Foundation in your will or trust, up to $10,000 of your gift’s how-tos, articles, and more information about the Legacy Challenge value will be matched! itself. To reach the National ACLU Planned Giving staff, please e-mail For more information, please contact Director of Development Th eda Jackson [email protected] or dial toll-free: 877.867.1025. Mau at 206.624.2184 or [email protected].

ACLU in the NEWS

Th e actions and views of the ACLU of Washington were covered by these media (among others) in the past year:

PRINT Seattle Times KSWW (Aberdeen) Save the Date Spokane Spokesman-Review KUGS (Bellingham) Aberdeen Daily World Th e Stranger (Seattle) KUOW (Seattle) Th e Advocate Tacoma News-Tribune KWNC (Wenatchee) Associated Press Tri-City Herald (Richland) KYRS (Spokane) Bellevue Reporter Vancouver Columbian KZBE (Omak) Bill of Rights Columbia Basin Herald Washington Free Press Metro Networks Radio Daily Evergreen (Pullman) Washington Law & Politics Northwest Public Aff airs Network Deseret News (Salt Lake City) Wenatchee World Radio Cadena (Granger) Ellensburg Daily Record Yakima Herald-Republic Sirius Satellite Radio Celebration Everett Herald Voice of America Grand Coulee Star RADIO Washington News Service Grant County Journal Dinner Issaquah Press KBCS (Bellevue) TELEVISION Jib Sheet (Bellevue) KBKW (Aberdeen) Journal of Educational Controversy KBSN (Moses Lake) BBC Join us on Journal of the San Juans KDRM (Moses Lake) FVTV (Vancouver) King County Journal KEXP (Seattle) KAPP (Yakima) Kitsap Sun KIRO (Seattle) KING (Seattle) November 3, 2007 Lewiston Tribune (Idaho) KIT (Yakima) KLTV (Longview) Los Angeles Times KLKI (Anacortes) KOMO (Seattle) New York Times KMAS (Shelton) KREM (Spokane) New Location: Olympian KNCW (Omak) Seattle Community Access Network Port Townsend Leader KOMO (Seattle) Snohomish County Community TV Seattle Marriott Real Change News (Seattle) KOMW (Omak) Th urston Community Television Seattle Gay News KPLU (Tacoma) Waterfront Seattle Post-Intelligencer KPQ (Wenatchee)