HIGHLIGHTS FROM THE 2008 ANNUAL DINNER PAGES 4-5

The American Civil Liberties Union of Michigan 2966 Woodward Avenue Detroit, MI 48201 (313) 578-6800 www.aclumich.org

Spring 2009 ACLU PRAISES COURT DECISION TO RELEASE MINISTER FROM PRISON PENDING APPEAL, CONTINUES TO FIGHT BOND CONDITIONS

THE AMERICAN CIVIL LIBERTIES UNION OF In 2007, Rev. Pinkney was sentenced to MICHIGAN applauded a Court of Appeals probation for violating Michigan election decision in December granting its motion law. But his probation was revoked and he for bond on behalf of a Benton Harbor was resentenced to 3-10 years in prison minister who is serving a 3-10 year prison solely because of an article he wrote for a sentence for writing a newspaper article small Chicago newspaper. Quoting a pas- that harshly criticized the judge who sage from the Bible, Rev. Pinkney pre- presided over his trial. dicted that God would “curse” the judge The appeals court rightly ordered Rev. unless he “hearken[ed] unto the voice of Pinkney released from prison while his the Lord thy God to observe [and] to do all case is on appeal and ordered the trial that is right.” Rev. Pinkney also expressed court to set the “amount” of bond he his opinion in the article that the judge was should pay. However, a Berrien County racist, dumb, and corrupt. judge did more than set the amount of the The ACLU argued in its motion for bond — he put Rev. Pinkney on 24-hour bond pending appeal that the statements house arrest, banned Rev. Pinkney from Rev. Pinkney made in his newspaper edi- giving speeches including in his own torial, while offensive to many, are clearly church, and told him not to engage in any protected speech under the First “demeaning” behavior. In January, the Rev. Edward Pinkney speaks to supporters at his home last year. Amendment. The ACLU further urged ACLU then asked the appeals court to the Court of Appeals to release Rev. remove the harsh and unconstitutional Benton Harbor, a predominantly African activist and advocate, frequently denounc- Pinkney on bond while it considers the bond conditions, however, this motion American community with a troubled ing injustice and racial inequality in appeal of his sentence. was denied and Rev. Pinkney remains relationship with its predominantly white Benton Harbor, its local government, and The Court of Appeals is expected to confined in his home pending his appeal. sister city, St. Joseph. Rev. Pinkney has the Berrien County criminal justice system decide the merits of Rev. Pinkney’s appeal Rev. Pinkney is a Baptist minister in long been an outspoken community in particular. in the upcoming months.

CIVIL LIBERTIES GETS ARMY VETERAN SUBJECTED MAKEOVER THROUGH ACLU’S TO INTRUSIVE BODY SEARCH NEW WEBSITE, BLOG BY DETROIT POLICE SETTLES CASE

THE AMERICAN CIVIL LIBERTIES UNION OF MICHIGAN settled its lawsuit against the City of Detroit on behalf of an army veteran who was subjected to an illegal and intrusive body search by two police officers at a local gas station. The settlement came on the same day that a trial was set to begin. “It is clear that justice prevailed,” said Mark Fancher, ACLU of Michigan Racial Justice Project Staff Attorney. “The law simply does not allow such extreme and egregious conduct by the police. We are hopeful that this settlement sends a clear Army Veteran Elvis Ware (center) stands with Racial message statewide that no law enforcement Justice Project Staff Attorney Mark Fancher, agency should tolerate such demeaning Cooperating Attorney Melissa El and Legal Director Michael Steinberg. Last month the ACLU of Michigan unveiled its new state-of-the-art website at behavior.” www.aclumich.org. The website is dedicated to providing up to the minute In June 2006, Elvis Ware was seated in his addition, the city will pay an undisclosed information on the many civil liberties issues effecting Michigan. car at a local gas station when he was amount in damages. approached by two Detroit police officers, “I feel vindicated by this settlement. I Intuitively structured, the site provides easy and rapid access to the latest ACLU of Michael Parish and Michael Osman. Parish not only wanted justice for myself, but I Michigan news, events and archives. Most notably, the new website features a blog: approached Ware’s car and forcibly wanted it for others who were treated this www.aclumich.org/blog. This valuable resource, written by ACLU of Michigan staff removed him, handcuffed him and began an way,” said Elvis Ware. “My only hope is and volunteers allows visitors to learn more about our work and talk back about a intrusive search. During the search, Parish that this doesn’t happen to anyone else. If, variety of national, state and local issues. shoved his bare hand down Ware’s pants and by coming forward, I prevent just one per- For existing members the new site provides a facility for asking friends to join or to squeezed his genitals and then attempted to son from having to go through this, I have make a contribution. It’s also easier than ever to join our action alert network. Just stick a bare finger into Ware’s anus. succeeded.” sign up for email alerts on the homepage and you’ll be prompted to take action on Following the body cavity search and a Unfortunately, Ware’s experience was local, state and federal legislation. You can even sign up to receive updates on search of his car, the police released him. The not an isolated incident. Numerous victims ACLU cases and events ACLU of Michigan filed the case on behalf and community members have publically of Ware in federal court in March 2007. complained that Officers Parish and Osman Regularly updated the new ACLU of Michigan website is worthy of bookmarking for In the settlement, the City of Detroit have arbitrarily stopped African American regular visits by anyone interested in civil liberties news in Michigan. Let us know agreed to instruct officers on the proper men and conducted road side strip and what you think. Visit www.aclumich.org today and fill out a short survey about our search procedures by reading them at roll body cavity searches without warrants, new website. call one day a month for three months. In probable cause or any reasonable suspicion. ACLU MEMBERS ARE HOPEFUL PEOPLE

he election was, without doubt, a transforming experience for our country and Tthe world. But, most importantly, it signaled the rejection of the status quo and the slamming of the door on this nation’s sad racial past.

WE HEARD THE WORD “HOPE” a great deal that our Constitution will once again be We have hope that we can reform our this past year. President Barack Obama treasured — not trampled. legal system here so that every person ñ will probably go down in history for his We have hope that our Bill of Rights rich or poor — who faces loss of their lib- ability to project hope. And Senator will once again be a legacy to be honored erty gets an equal chance for a fair trial. John McCain, in one of the finest conces- — not a loophole to be hollowed out at We have hope that every new immi- sion speeches, was able to signal a new every opportunity. grant to this country gets a chance to day in his call for bipartisanship making We have hope that Gitmo will be share in the American dream without us hopeful that we can realize our dreams closed, the secret wiretaps will be shut, being scapegoated for our country’s together. that torture will be stopped, and that the social and economic problems. The dictionary defines hope as “desire doors of our government will be thrown For two hundred years, America has KARY L. MOSS, ESQ. with expectation.” It can be a noun. It open, so that we, the people, can exercise been a vision of national independence EXECUTIVE DIRECTOR can be a verb, an action. We use this our proper role as supervisors of our and personal freedom and justice. But word so loosely, peppering our sentences elected representatives. whether that continues depends on our Bill of Rights and believe in the feeling with it each day. But, at its most pro- We have hope that we can halt and ability to give up tired strategies and take of hope that attends beginnings — the found, it is the core of our deepest desires reverse the decline of our public schools risks. These last eight years have tested us birth of a child, the first day of school, a and so powerful that it can defeat the and stand up for the principle that every in ways we never dreamed possible. But new job or a first election. We must most formidable of obstacles. child has a right to a quality education. the process of renewal starts now. believe in the energy of hope and the For the ACLU, the word has special We have hope that we can end the And the renewal we seek is not a inherent risks embodied in hope. We meaning for we are a group of hopeful practice of sending children to jail for life partisan triumph of one party or one must believe that hope inspires creative people. We stand up for ideals and in Michigan with no chance of parole. philosophy over another. The first ten and heroic acts. principles that are not easy to measure. Because a young person is the very defi- amendments to our Constitution are not And we can. We, ACLU members, After all, it is our job to defend the nition of “hope,” we believe that every red amendments or blue amendments. are a hopeful people. It will be up to us Constitution of the United States. And as child deserves a second chance for a They are a Bill of Rights that protect us all. to make sure that our new President is a new generation of leaders took office brighter future. And in order to realize this renewal, everything that we believe he can be. in Washington, we continue to have hope we must embody the hopefulness of the 2 9 0 0 2 G N I R P S THE ACLU OF MICHIGAN Staff OFFICE is typically quiet, but Kary L. Moss ...... Executive Director when Carolyn C. MacAdam descends, everyone on staff Mary Bejian ...... Deputy Director knows that she is in the Michael J. Steinberg ...... Legal Director building. Full of vim, vigor Mark Fancher...... Staff Attorney and vitality, she is a woman Racial Justice Project full of boundless energy, strong convictions and Jay Kaplan ...... Staff Attorney relentless determination. LGBT Project Carolyn was a member of Dan Korobkin ...... Legal Fellow the Oakland County Branch Jessie Rossman ...... Legal Fellow board for several years before moving onto our Brenda Bove ...... Paralegal State Board and assuming Shelli Weisberg ...... Legislative Director the position of Vice- Rana Elmir ...... Communications Director President last year. Her interest in the ACLU of Marie Burke ...... Director of Finance Michigan arose out of her and Administration desire to learn more about T. Desirnaí Hicks ...... Development Director the organization’s issues, in Melissa Combs ...... Major Gifts Officer particular reproductive rights, privacy and racial Carolyn MacAdam poses with ACLU of Michigan Deputy Director Mary Bejian and Executive Director Kary L. Moss Paul Jeden ...... Development Associate justice. She also believed that Deborah Patrick ...... Special Events it was up to her to do some- Manager thing because our U.S. Constitution about the organization. immediate cash donation up to 10% of Isela Patiño...... Office Manager was on a “slippery slope” due to the After retiring from Raymond James the giftís future value, up to a maximum Bush Administration’s many transgres- & Associates as a financial advisor match of $10,000. Set to expire on May sions against civil liberties. three years ago, Carolyn began volun- 31, 2009, Carolyn spends part of her Officers As a person who believes that an teering in the development depart- time each month calling board mem- Ralph Simpson ...... President individual should support their ment. She wanted to spend her free bers and other supporters to encourage principles through actions with dona- time with a group of people who were them to make a planned gift before this Joseph S. Tuchinsky ...... Treasurer tions of time and money, Carolyn tells vigilant about civil liberties and who exciting opportunity expires. Her anyone and everyone that as the fortu- were willing to let others know when tenacity has paid off because not only Heather Bendure ...... Secretary nate recipients of democracy, they something was unfair even when others has she introduced new people to the Mark Granzotto ...... General Counsel should support the ACLU. She remained quiet. Carolyn helps with ACLU, she has secured many silent reminds them that we are the only mailings, telephone calls and special auction donations, major gifts, and Jacquelin Washington. . Executive VP ACLU Fund organization that exists to protect the projects in the local office, but also planned gifts for the organization as U.S. Constitution and Bill of Rights serves on the Friends of the Legacy of well. Now, the next question on every- Civil Liberties Newsletter and that if ignored, one day all the free- Liberty Challenge, which is a group of one’s mind is “What role will she take Rana Elmir, Editor doms we take for granted may be gone. ACLU board members from across the on next?” Published by the We represent the most basic of needs, country who work together to secure For more information about the American Civil Liberties Union / freedom, liberty, equality and justice — more planned gifts (gifts bequeathed to Legacy of Liberty Challenge, please ACLU Fund of Michigan all the things that form the foundation an organization through a will or trust) contact Desirnaí Hicks, Development 2966 Woodward Avenue of our society. Carolyn also believes it for the organization. Director, at [email protected] or Detroit, Michigan 48201 is her duty to dispel the negative myths, The Challenge allows a supporter to 313.578.6815. www.aclumich.org especially those that are sensationalized make a planned gift in which the (313) 578-6800 by the media, by educating people ACLU of Michigan can receive an IN THE COURTS

n these desperate economic times, the Michigan ACLU has focused on a disturbing trend — criminal Ipunishment of Michiganders because they are poor. All across Michigan, residents are being thrown in jail, kept in jail or convicted for the simple reason that they have little or no income or assets. What follows is a summary of several cases on our poverty docket and other recent legal highlights not covered elsewhere in this newsletter. For the full docket, please go to www.aclumich.org

CONVICTED FOR BEING POOR the trial judge refused to appoint one. her media credentials, an officer snatched case. Although the Michigan Department Selesa Likine has a severe mental disabil- Finally, the ACLU will appeal the decision the camera from her hands as soon as of Corrections accommodates Jewish ity that caused her to not only lose her job, of a Berrien County judge to strip a poor she started taking photos and he pro- inmates by providing kosher meals, it but also the custody of her children. When man of his appointed attorney simply ceeded to delete the photos, handcuff her denies Muslim inmates halal meals. her ex-husband was awarded custody of because the man’s mother was able to and arrest her. The ACLU filed an amicus Furthermore, although inmates are her children, the court ordered Ms. Likine scrape together $250 in bail to have her brief discussing the vital role of the press excused from their prison jobs for many to pay $1,100 per month in child support. son released from jail pending trial. People in our democracy and the chilling effect reasons — including doctor appointments, However, Ms. Likine’s only source of v. Holden; Cooperating Attorney Terence arresting reporters has on freedom of the therapy and visitation — the MDOC will income is the $637 she receives per month Flanagan; People v. Nerenberg; press. The ACLU further argued the not release them from work on their in social security benefits and she has no Cooperating Attorney Ralph Simpson; charges against Ms. Bukowski must be dis- Sabbath. The ACLU, working with the other assets. When Ms. Likine was unable People v. Harvey; Cooperating Attorney missed if there is evidence that they were General Conference of Seventh-day to make her child support payments, she Terence Flanagan. brought to intimidate her, to retaliate Adventists, sued the MDOC under the was charged with the crime of failure to against her or to prevent her from report- Religious Land Use and Institutionalized pay child support, a felony punishable by RACIALLY HOSTILE ing. People v. Bukowski; ACLU Attorney Persons Act so that the inmatesí religious up to four years in prison. The ACLU has ENVIRONMENT AT SUBURBAN Mark Fancher. practices will be accommodated. Dowdy- agreed to represent Ms. Likine on appeal. HIGH SCHOOL CHALLENGED El v. Caruso; Attorneys Daniel Quick, People v. Likine; ACLU Cooperating The ACLU of Michigan filed a federal ARRESTED FOR Doron Yitzchaki and Trent B. Collier of Attorney David Moran. lawsuit in January charging Eastpointe CIRCULATING PETITION Dickinson Wright, and Todd McFarland Public School officials with failing to pro- Gershom Avery was arrested in the of the Conference of Seventh-day THREATENED WITH JAIL tect African American students at East Village of Clinton for seeking signatures Adventists. BECAUSE OF INABILITY TO Detroit High School from being taunted on a petition to place a proposal for the PAY COURT FEES with racial epithets and slurs on a daily use of medicinal marijuana on the ballot. FREEDOM TO CRITICIZE JUDGES basis. Our clients, Jacqueline and In February the ACLU wrote a letter to The ACLU filed a friend-of-the-court brief Delawrence Turner, were eventually the Village of Clinton urging officials to in the U.S. Court of Appeals in the case of assaulted by five white students. The law- amend the village solicitation ordinance so outspoken attorney Geoffrey Fieger who suit alleges that school officials ignored that it would no longer be a crime to circu- had been disciplined for harshly criticizing 3 complaints from our clients. The goal of late political petitions on the sidewalks of three Michigan judges on a radio show. the suit is to require the school to hire an Clinton without a permit. The letter also The attorney was disciplined under the educational consultant to assess the cur- explained how it was unconstitutional to Michigan rules of professional conduct 9

rent racial environment for students and bar petitioning anywhere in the village that bar lawyers from engaging in “undig- 0

to implement the consultant’s recommen- during the Clinton Fall Festival. We are nified or discourteous conduct towards 0 2 dation. Turner v. Eastpointe Public Schools; awaiting a response. ACLU Attorney the tribunal.” The ACLU argued that G N

ACLU Attorney Mark Fancher. Michael Steinberg. these rules violated the free speech rights I

of lawyers to the extent that they punished R P

SLAVERY SKIT IN SCHOOL HELPING A lawyers for comments made outside the S David Sutton has no assets and his only During a music class at a Canton elemen- CHURCH courtroom. The federal appeals court income is the $262 monthly disability tary school, the music teacher ridiculed an FULFILL ITS refused to address the issue briefed by the check he receives from the government. old Negro spiritual and made disparaging MISSION TO ACLU and held that the attorney lacked He suffered severe and permanent injuries remarks about Africans. She then SERVE THE “standing” to even challenge the rule. in a car crash several years ago that pre- arranged an impromptu classroom skit POOR Fieger v. Michigan Supreme Court; vent him from working. In 2003, Sutton where she had three 9-year-old African The First Baptist Cooperating Attorney Kenneth Mogill was convicted of “attempted insurance American students play the roles of slaves Church of Ferndale seeks to fulfill its reli- with assistance from ACLU intern fraud” and sentenced to probation for a while white students played the slave mas- gious mission to help the poor by permit- Audrey Braccio. year. He performed community service ters. The white students pretended to beat ting an Oakland County shelter and fulfilled all the conditions of his pro- the black students in front of the entire association to use its space to provide serv- UNCONSTITUTIONAL PAROLE bation except one: he was not able to pay class and actually made physical contact. ices for 30 homeless individuals during the CONDITIONS the supervision fee. Because the fee was The parents of one African American stu- day. Although the Community The Michigan Parole Board sometimes not paid, a Wayne County Circuit Court dent came to us for help. After mediation, Development Service office granted the imposes automatic conditions of parole on judge extended his probation year after the school apologized, punished the church a permit, neighbors complained inmates leaving prison that deny them fun- year. In February, the ACLU successfully teacher and promised that neither the girl and the matter was referred to the Zoning damental constitutional rights even represented him at a hearing where the nor her siblings would ever be required to Board of Appeals. The ACLU is wrote a though there are no individual determina- state had moved to revoke his probation. go to classes with this teacher again. letter to the city explaining the federal tions of whether the conditions are neces- We argued that the Constitution and ACLU Attorney Mark Fancher. Religious Land Use and Institutionalized sary to protect the community. In Michigan law prevent a judge from revok- Persons Act, which requires cities to February the ACLU, working with Legal ing or extending a person’s probation if PARENTS’ RIGHTS TO THEIR accommodate religious institutions on Aid of Western Michigan and the the failure to pay fees is due to poverty. CHILDREN land use unless the city has a compelling University of Michigan Clinical Law People v. Sutton; Cooperating Attorney The ACLU filed an amicus brief in an interest and there are no less drastic means Program, filed a lawsuit on behalf of two Valerie Brader. important Michigan Supreme Court case to advance that interest. ACLU Attorney men who were convicted of criminal sex- that will determine what the standard Michael Steinberg. ual conduct. The men, having finished FAILURE TO PROVIDE ADEQUATE should be in child custody disputes their prison terms, are now barred from COUNSEL FOR THE POOR between a parent and another relative. PROSELYTIZING DURING SCHOOL seeing their own sons, going to church and The ACLU’s class action lawsuit challeng- The ACLU argued that there is a very Last spring, a youth minister from the marrying women who have children even ing the state’s abdication of its duty to strong presumption that custody should Hope Reformed Church, while volunteer- though psychological experts have deter- ensure constitutional representation of be awarded to the parent unless a court ing at South Haven High School, recruited mined that the children of these men poor people accused of crimes was argued finds by clear and convincing evidence students to become involved in the church would benefit from maintaining relation- before a panel of three Michigan Court of that the parent is unfit. Hunter v. Hunter; with the knowledge of school officials. ships with their fathers and the fathers Appeals judges in December. While the ACLU Cooperating Attorneys Professors When one student, Tyler Wiley, changed pose no danger to the public. Attorneys court has not yet issued its written opinion, Ashley Lowe and Robert Sedler. his mind about attending a religious Miriam Aukerman and Paul Reingold. the judges condemned the “systemic defi- retreat sponsored by the church, the vol- ciency” in the way criminal defense is pro- REPORTER ARRESTED unteer and a school administrator CENSORSHIP DECISION vided to the poor in the state. Duncan v. demanded that he pay for the cost of the REVERSED AT HIGH SCHOOL State of Michigan; Cooperating Attorneys retreat. When the parents complained, the Renee Macdonald, the co-editor of the Mark Granzotto, Emily Chiang, Frank superintendent admitted in a letter that the student newspaper at Loy Norrix High Eaman (partial list). high school provided the youth minister School in Kalamazoo, contacted the with a room that he could “use during ACLU when her principal refused to FAILURE TO APPOINT ANY lunch for any recruiting or religious activ- allow the paper, Knight Life, to publish COUNSEL FOR THE POOR ities that he wants to conduct while at a student editorial critical of the school’s Despite our victory in the U.S. Supreme school.” After the ACLU wrote two letters suspension policy. The ACLU wrote Court in Halbert v. Michigan several years to the superintendent on behalf of Tyler’s Renee a letter explaining that administra- ago, some Michigan judges still refuse to family, the superintendent acknowledged tors cannot censor articles in school appoint attorneys to represent poor peo- the school district’s mistakes and assured sponsored newspapers without a legiti- ple accused of crimes. Certain judges in Diane Bukowski, a reporter for the the ACLU that it would not happen again. mate educational reason and that censor- Saginaw County continue to violate the Michigan Citizen, is well-known for her ACLU Attorney James Rodbard. ship is unconstitutional if it is based on right of the poor to appointed counsel on investigative journalism — particularly disagreement with the authorís view- appeal and the ACLU will be challenging when it comes to reporting on police mis- RELIGIOUS RESTRICTIONS point. After the editor showed her prin- this practice. In a similar case, the ACLU conduct. In November, Ms. Bukowski IN PRISON cipal the letter, he allowed the paper to successfully helped a man convicted of a went to the scene of a motorcycle crash The ACLU of Michigan recently agreed publish the article. ACLU Attorney misdemeanor in Wayne County obtain an where the driver died after being chased to represent Muslim and Seventh-day James Rodbard. attorney to represent him on appeal after by the police. Even though she showed Adventist prisoners in a religious freedom 4 SPRING 2009 Reginald Turner, Chairof theUnited Way Belafonte L.Moss, Harry Michigan,Kary andCongressman for Southeastern John Conyers last NovemberattheHyattRegencyDearborn. a world turners—DavidMoran,theArcusFoundation times. TheACLU ofMichiganrecognizedthreesuch meaningful actsandpowerfulvoicesinchallenging formidable RosaParks. Butemergetheydowith places andcircumstances—likethesoft-spokenbut WorldTurners oftenemergefromtheleastlikely behalf. director, acceptedtheawardonfoundation’s Vaid,injustice inMichigan.Urvashi executive Justice Initiative,whichfightspovertyandracial Values & andtheMichiganRacial&Economic race andrecentlyaddedtwopriorityareas:Religion inclusive ofsexualorientation,genderidentityand philanthropy onadvancingsocialjusticethatis Jon Stryker, thefoundationfocusesitslocal rights andworkforbroadsocialchange.Founded by nonprofit organizationsthatadvocateforhuman culture bysupportingandleveragingsupportfor Foundation ischangingMichigan’sphilanthropic Clinic, abranchoftheInnocenceProject. Michigan wherehefoundedtheInnocence 2008, joinedthelawfacultyatUniversity of years, taughtlawatWayne StateUniversity and,in State AppellateDefendersOfficeformorethan10 worked asacriminalappellatedefenseattorneyatthe indigent defendantstoattorneysontheirappeals.He United StatesSupremeCourtinvolvingtherightof represented theorganizationintwocasesbefore ACLU ofMichiganformanyyears,successfully nd Harry Belafonte—atthe2008AnnualDinner nd Harry M Through itspioneeringwork,theArcus oran, acooperatingattorneywiththe ACLU ANNUALDINNERTURNSTHEWORLD AROUND K ary L.Moss, Attorneyary Peggy PittandACLU of MichiganLegal Fellow Jessie Rossman aw A CLU of MichiganLegal Director MichaelSteinberg presents ard to Attorney David Moran the Westin BookCadillacHotel. at 2009, November 14, this year’s Annual Dinner: their generosityandsupport. volunteerfor and silentauctiondonors,every events success.We Hosts thankalltheHonorary time, talentanddedicationtheygavetoensurethe dinner co-chairsEricJirgensandT his remarks. system, touchedtheaudienceofmorethan400with addressing theplightofchildrenincriminaljustice The GatheringforJustice,anorganization UNICEF GoodwillAmbassadorandforfounding audiences forhisworkasacivilrightsadvocate, winning artist,betterknowntocontemporary singer, Belafonte. actorandactivistHarry works honoringtheevening’skeynotespeaker— Shorter fromSouthfieldHigh,performedoriginal Forda studentattheHenry Academy, andMarissa paying memberoftheACLU.” dues- I’m proudtobe,formanyyears,acard-carrying y We loveyourstaunchcommitmenttoracialjustice, t love yourpioneeringworkonlesbian/gay/bisexual/ Michigan isatremendous,effectiveorganization.We the peoplewhomwesupportandACLU of said. “Youknow, foundationsareonlyaseffective this honorandforyourkindwordsaboutus,” Vaid ransgender humanrightsinthestateofMichigan. our unyieldingdefenseforalloffreedoms.And Mark your calendarsandSave theDatefor The ACLU The ofMichiganextendsspecialthanksto The renownedGrammy,Tony andEmmy- Two giftedyoungpoets,ReonnaBarnes, “We muchfor wanttothanktheACLU sovery risha Steinforthe Merissa Shorter of Southfield High School performs anoriginal poem performs HighSchool Merissa of Shorter Southfield Att Reonna Barneso orne y Barbara McQuadeandAnnualDinner Co-ChairTrishay Barbara Stein U D Allan GilmourandAnnualDinnerCo-ChairEricJirgens ir r v e a f Henry Fordf Henry Academy anoriginalpoem performs ct shi V o r Kary L.Moss r Kary a id, Arcus Foundation andACLU of MichiganExecutive URNS THEWORLD AROUND Mosaic Y A H CL arry Belafontearry address theaudience The W The Townsend Hotel Lynn Simons Ralph C.Simpson Martin Sheen Elsa &JackShartsis Pro Football HallofFame PRP Wines Neiman Marcus óTroy Meadow Brook Theatre Doug &SandyMcClennen Mackinac BridgeAuthority Luigi BruniSal Frank Joyce &MaryAnneBarnett Ladels Childr Infinity &Ov Hyatt RegencyDearborn Jim Hightower Cynthia HeenanandHughDavis Great Lakes ChamberMusicFestival Christopher M.Finan Ent Detroit SymphonyOrchestra Detr Detr Detroit Historical Society Chateau Chantal P Boodles Restaurant A Silent AuctionDoners U o nn ArborHandsOnMuseum aul Collins WE THANKALLTHESILENTAUC ert f MichiganBoard President RalphSimpson welcomes the guestsafter oit Repert o outh Thea it RedWings es ainment Expr tin BookCadillac ation Y tr enís BookBoutique e performs. ory Theatr on acht Tours e s s Inc. e TION DONERSANDHONORARYHOSTSFOR THEIRGENEROSITYANDSUPPORT. Barbara Kessler andRichard Soble The Hon.Marilyn JeanKelly &Dr. DonaldNewman Betsy andJoelKellman Armene Kaye Elizabeth KaufmanandWeston Vivian Robert L.Kahn Mark L.Kahn L P Rory L.Gamble, Director, UAW Region1ACAP Mark Gaffney, President, AFL-CIOMichigan Dykema Elaine C.andEugeneDriker Ellie CruzeandKevin Hart Roundt Thomas Costello, President andCEO,Michigan Margaret A.Costello Norton J.Cohen,Miller CohenPLC Mark Brewer, Chair,MichiganDemocratic Party Gary Bor Blue Cross BlueShieldofMichigan Joan Ak Gladys Beckwith Katherine Barnhart Nabih H.Ayad J ADC Michigan A Honorary Hosts oshua andJudithLowitz Adler ynn JondahlandJudyMartin CCESS aul Jacobs andJimStout abl er en, Bor s Bink e f “They pissedmeoff sometimeswhen Isaw someofthepeopletheydefended. ON THEACLU: “ O “ ON PRESIDENTBARACK OBAMA: Ihave nosuspicionthatthis theymay stopsinging. “If you don’t preach tothechoir, ON THENECESSITY OFSPEAKING: Belefonte– Harry hi ee h CU willever stopsinging!” the ACLU, choir here, oue hyhv en andforced therest ofustocontinue tobe.”focused theyhave been, How How steadytheyhave been. But how righttheyhave always been. thisistrulyourmoment.” moment, a [President Obama]willbe . . . I hopewe donotcapitulateourresponsibility. a s s It isamiracle ofourtimetoseethefaces andtheenthusiasmthatexistsin or Div N THEROLEOFEA r hth satniet h gnao hs h r prse,thosewho ure thatheisattentive totheagenda ofthosewho are oppressed, ayo u on epegoal bcueo i] We must make . . o many ofouryoung peopleglobally[becauseofhim]. eudrevd thosewho are inneedofthepower ofhisplatform.”re underserved, oda elthmb.A oda eps i ob....It’s notjusthis . . . Asgood aswe pushhimtobe. s good aswe lethimbe. en andCar o w er sity andInclusion e y PC CH CITIZEN: Rosemarie andOrianW Tom WiederandSueSchooner Heas Reginald M.T Gus Teschke Kathleen N.Straus T Larry Smith,Dir Abr Rozanne andRobertSedler Pamela andKrishna Sawhney James Rodbard andMaryRoot Pitt McGeheePalmer Rivers &Golden Dr. BobPettapiece Joseph Peters, Director, UAW Region1 David Mor Michigan Womenís Foundation Sandr I Carolyn C.MacAdam R Daniel Little, Chancellor, Micki Levin andJohnGrenke Senat A Peter Kobrak an MacGr risha St nn Larimore ichard Long,Director, NationalCAP Department, Human RightsDepartment,UAW International UAW International Union Univ aham Singer t or CarlLe er Wheel a andDouglasMcCl er ein sity ofMichigan-Dearborn an andKrisOls egor urner er, NAACP v ect in or, UAW Civiland or son den ennen 5 SPRING 2009 6 SPRING 2009 we canhelpachievethesegoals: L opportunity todiscusstheACLU know youcareaboutjustice.Take the are newtotheirpositionñandletthem representatives —especiallythosewho t for thenewsession,weencourageyouto m members acrossMichigan. t ambitious listoflegislativeprioritiesand p underway, theACLU ofMichiganis WITH ANOTHER LEGISLATIVE SESSION often leadstopoorrepresentation. dards forqualifiedindigentdefense Michigan, thelackofenforceablestan- rights inAmerica.Currently tion isoneofourmostfundamental Access tocompetentlegalrepresenta- REFORM INDIGENT DEFENSE is acurrentthreattopublicsafety. the individual,nowgrownandmatured, for aparoleboardtoevaluatewhether release. Itonlyprovidesanopportunity reform legislationdoesnotguarantee the sameasadults.Passage ofJLWOP children tobetreatedandpunished responsibility asadults,Michiganallows not beheldtothesamestandardsof global consensusthatchildrenshould a the restoftheirlivesinprisonwithout young asthirteenaresentencedtospend Each yearinMichigan,childrenas PAROLE (JLWOP) REFORM J 95TH LEGISLATIVE SESSION MOVES IN ACLU SETSPRIORITIESAS he helpofourdevotedandenthusiastic ake thetimetomeetwithyourelected ny opportunityforparole.Despitea oised tohitthegroundrunningwithan UVENILE LIFEWITHOUT egislative Prioritiesandfindouthow embers ofthelegislaturearepreparing As thenewlyelectedandreturning AT THECAPITOL MO TRIAL COURTC Michigan AppealsCour police department. at apublichospital,enrollthem inschool,orrecoveralostchildfromlocal parents wouldbeabletodosuch essentialthingsasauthorizemedicaltreatment tion whetherthechildrenwere effectivelyorphansinMichiganandwhetherboth ing bothparties’parentalrights unenforceableinMichigan,callingintoques- amendment. InSeptember, thetrialcourtgrantedCongleton’smotion,hold- Michigan ChildCustodyActandcitingMichigan’santigay constitutional Giancasproís custodycase,arguingthattheiradoptionwas invalidunderthe When thecouple’srelationshipended,Congleton moved todismiss Congleton, adoptedtogetherinIllinoisbeforemovingasa familytoMichigan. to determinecustodyofthethreechildrensheandherex-partner a lesbianmotherwho,inAugust2007, filedpapersaskinga Michigantrialcourt knowing thattheyagainhaveaccesstoMichigancourts.” but extremelydangerous.Today gayparentsandtheirchildren canresteasier of gayparentshavenoprotectionsinMichigan’scourts was notonlywrong, appeals courthasreversedthetrialcourt’sdecision.Concludingthatchildren Civil LibertiesUnion ofMichiganExecutiveDirector. “We arethrilledthatthe Michiganís childcustodylaws. children whoseparentsarelesbians,rulingthatthereisnogayexceptionto ily courtcannotrefusetohearachildcustodycasesimplybecauseitinvolves IN FEBRUARY Lambda LegalandtheACLU ofMichiganrepresentedDianeGiancaspro, “This isavictor THER’SCUST , theMichiganStateCourtofAppealsheldthatafam- y forchildreninMichigan, o many inMichiganísLGBTcommunity expression asprotectedclasses,leaving include sexualorientationandgender Michigan’s civilrightslawsdonot LA M L persons tojointlyadoptachild. a children. Michiganlawmustbe h shows howimportantasafe,loving important parentaldecisions.Studies s lack theabilitytomakemedicaldeci- is thelegalparent.Non-legalparents parents areraisingachild,butonlyone D parents totheircommonchildren. couples frombeingrecognizedas Michigan lawprohibitssamesex S d fair andeffectivesystemofindigent system. We mustensurethatwehavea ages theintegrityofourjustice resources, itaffectsallcitizensanddam- i When thequalityofjusticeonereceives www the issuesweíveaddressedvisit we canwin.F the supportofourmembersitisafight from over ers’ rightsandahostofotherissuesisfar same rights,reproductiveprison- sion inourstatelegislature.Thefightfor equality beginsathomeandbyexten- and equalityinMichigan.Itisclearthat forcivilliberties the wayforward community. tion againstmembersofourGLBT Rights Acttolegallyprohibitdiscrimina- amending theElliot-LarsenCivil s recourse. ItístimeforMichiganto s determinedbyonesavailablefinancial ions fortheirchildren,aswellother tand upforbasichumanrightsby mended toallowtwounmarried pen todiscriminationwithnolegal efense. ome withtwostableparentsisto GBT INCLUSION IN ECOND PARENTADOPTION isastrous thingscanhappeniftwo ICHIG A varietyofissueswilldetermine ANNO W OD .aclumich.org t ruling ” saidK . However AN’S CIVILRIGHTS Y C or moreinformationabout ary L.Moss,American ary T REFUSE , withdiligenceand ASE , LisaAnn s ments. For thesakeofensuring c numerous newburdensontaxpayers, n state driver’slicensesintoagenuine ried outbythestates,lawwillturn b u is designedtoprohibitandpenalize rized users.Anti-skimminglegislation that canbeeasilyaccessedbyunautho- tag, aninformationpackedmicro-chip w Travel Initiative.TheEDLisequipped c license withapassportcomponentthat driver’s license(EDL),anoptional Michigan nowoffersanenhanced PRIVACY ANDTECHNOLOGY Secretar zens, ourlegislatureshouldprohibitthe parency lows thelawandmaintainstrans ACLU mustcontinuetoensureitfol- ning stagesofdevelopmentandthe oversight board.MIOCisinthebegin interstate collaborationwithoutacitizen agency shallnotshareinformationinan By Michiganstatute,alawenforcement called DataFusionCentersineachstate. menting communicationnetworks designed toshareinformationbyimple U tions Center(MIOC)istheresultofa Real ID. happen tothem.” as theirparentandableto protect themif,heavenforbid,anythingshould day aboutwhetherI’llberecognized every on withourliveswithoutworrying where theirrightsareprotected,”saidGiancaspro, thatwecango “Iímrelieved interpreted thesemattersinthe bestinterestsofthechildren. and Creditclauseupholdslong-standingMichiganlaw whichhasalways dren, suchascustodycases.T ability tohearcasesthatconcernonlyrelationshipsbetween parentsandchil- ing marriagepertainsonlytoadultrelationships—andhas no effectonacourt’s across statelines,andpointingoutthatMichigan’santigay amendmentlimit Clause, whichprotectsthevalidityofjudicialdecrees— such asadoptions— to reversethetrialcourt’sruling,arguingthatitviolated Full Faith andCredit of MichiganfiledabriefwiththeCourtAppeals askingthecourt legal connectiontoeitherparent.InMarch2008,Lambda Legal andtheACLU with eachother.” lished relationshipasanadoptiveparentwiththechildren,nottheir The onlyrelevantconsiderationinthismatteriseachindividualpartyísestab could nothaveadoptedthemunderMichiganlaw. We concludethatit doesnot. children withinitsjurisdictionexcludeswithaparentorparentswho framework forprotectingandpromotingthebestinterestswelfareof ecurity andprivacyofMichiganísciti itizens, immigrants,andstategovern- omplies withtheWestern Hemisphere y PresidentBushinMay2005.Ifcar- nauthorized accesstoRFIDchips. ational identitycardandimpose ith aradiofrequencyidentification .S. DepartmentofJusticeprogram The RealIDActwassignedintolaw The MichiganIntelligenceOpera- “My concernisthewell-being ofmychildren.Iwantthemtoliveinaplace The trialcourt’srulingleftthechildreninlegallimbo,without anenforceable The majorityopinionsaid:“ThequestionisreallywhetherMichiganíslegal O HEARLESBIAN . y ofStatefromcomplyingwith oday’s rulingisbasedonthefederalFullF - - - - access toapubliceducation. be assuredthatallstudentswillhave right toaneducationinMichiganwecan school toprisonpipeline,andwitha m reform ofthezero-tolerancelawswe broader thanthefederalmandates.With pipeline.” t criminal activities.Thisisknownaround o with noalternativetoschool,whichtoo infractions. Studentsfindthemselves z but notaright.With theadoptionof In Michigan,educationiscompulsory IN PUBLICEDUCATION REFORM ZERO-TOLERANCE T CONTRACEPTION E AND AVAILABILITY OF CONTRACEPTIVE EQUITY a students, atyoungerandages, grip on“choice” issuesinMichiganfor need legislationprohibitingthepractice. lenge thepracticeincourt.However,we Rights Act,soanemployeecanchal violation oftheElliott-LarsenCivil of CivilRightsdeclaringthispracticea ruling fromtheMichiganDepartment A that includesprescriptioncoverage.The wise comprehensivehealthcareplan he country asthe“schoolhe country toprison ero-tolerance laws,moreand re beingexpelledforpettybehavioral ften leadsthemtobecomeinvolvedin he anti-choicemovementhashada CLU wasinstrumentalinobtaininga MERGENCY ay beabletostemtheflowof Michigan’s zero-tolerancelawis a decade. Assuch, m trol fromanother remove birthcon- employer may Michigan, an tive information.In sex andreproduc medically accurate birth controland but soisaccessto severely limited, ccess toabortionis ost ofthepast aith - - - - - Bill of Rights Day Celebration. Bernard Gottfried Award honoree Jacquelin Washington (center) poseswithFreedom of Expression Contest winnersat theMetro Detroit Branch’s from areahighschools. ners andscholarshipawardrecipients F Gottfried Award andfeaturedfour J Constitution, theeventalsohonored first tenamendmentstothe a A festivecommemorationofthe Plowshares Peace CenterandGallery. December 15, 2008,attheSwordsinto Bill ofRightsDayCelebration THE METRODETROITBRANCH NURTURES THENEXTGENERATION BILL OFRIGHTSDAY CELEBRATION acquelin Washington withtheBernard nniversary oftheratification nniversary reedom ofExpressionContestwin- AT THEGRASS ROOTS JOIN THESUPPORTERSWITH BORDERSPROJECT Desirnaí Hicks,Development Director, [email protected]. With a$250donationto theACLU Fund ofMichigan,your nameorthatofaloved in ournew HomeofJustice byjoiningourSupporters withBorders Project. If so,we invite you to make your markinhistory andcement your legacy one willbeplaced onthe Supporters Border thatwillrunthelength of Want to seeyour name in“lights?”Lookingfor auniquegift? Spac If you are interested inmakingyour mark,please contact h e for thefirst setofborders to be installed is limited! osted a KALAMAZOO CIVILLIBERTIESFILM FESTIVAL: SPICY! Starting inFebruary theSouthwestBranchof ACLU ofMichiganwillpresentafour-eventfilm festival atSaffronIndianRestaurant.OnFriday, F Harvey MilkandonMarch6,Fahrenheit 451Harvey t ACLU forthelasttwoinstallments—onFriday, se March 20thebranchwillpresentMatewanand hrilled audiences.Butit’snottoolatetojointhe ebruary 20theyshowcasedTheTimesof ebruary o tured. Saffron will serve a savory buffetata asavory tured. Saffronwillserve special pricebeginningat6:30p.m.andthe f in theTiffanyPlazaat1710 West MainStreet n Friday, April3,CitizenRuthwillbefea- i ilms willbeginat7:00 p.m.Saffronislocated the filmfestival,butdonationsarealways appreciated. For moreinformationaboutthe n Kalamazoo. Thereisnochargetoattend f or call269-342-6000. v ilms, visitourwebsiteatwww eral walls inourfabulous new space. a Legal DefenseandEducationFund aspresidentofthenationalNOW-serve the firstAfrican-Americanelectedto Southeast Michigan,Washington was and CEOofPlannedParenthood of and humanrights.Aretiredpresident and forhermanycontributionstocivil t was recognizedforheractiveandlong- tive vicepresidentoftheACLU Fund, committee memberandformerexecu- erm commitmenttotheorganization nd in1 Washington, acurrentexecutive 995 wasinductedintothe .aclumich.org more information. www.aclumich.org andclickonFindYour ACLU for f that highlightcivillibertiesissuesandprovideaforum n The Metro-Detroitbranchwilllaunchits2009movie MOVIE NIGHTS M w criminal actspunishableforupto90daysinjail.Thevaguelywordedordinance out overaproposedEastBaynoiseordinancethatwouldhavemadeanyviolations The NorthwestBranchoftheACLU ofMichigangavetheFirstAmendmentawork- ACTIVISTS, EASTBAY RESIDENTS UNCONSTITUTIONAL NOISEORDINANCEQUASHEDBYACLU N the ordinance.Theordinancefailedduetoatievote.Congratulationsour meeting inDecember, swayingthreeboardmembersawayfromvotinginfavorof e listening totheradioafter11 p.m.ifthesoundwas“clearlyaudible” beyondtheprop- m volunteers andstaffaswellfamily ence thatincludedACLU members, read theirwinningentriestoanaudi University LawSchoolformanyyears. his deathandtaughtatW Board, RegionSeven,from1973 until t ACLU ofMichigan.Healsowasdirec- an activeandlongtimesupporterofthe Michigan Women’s HallofFame. or oftheNationalLaborRelations or furtherdiscussion.Pleasecheckourwebpageat rty line.ACLU membersandothersspokeoutatanEastBayTownship Board ights thisSpring.We’ll beshowingaseriesofmovies ould havepunishedanyoneplayingamusicalinstrument,watchingtelevisionor orthwest Branchandhere’stodemocracyinaction! embers andteachers.Thewinners ETRO DETROITBRANCHANNOUNCES The 2008creativitycontestwinners Bernard Gottfried(1925-1992) was a yne State - poem, “CanY entry, “Unlike AnyOther.” Ogresevicís S Osmanovic fromHamtramckHigh Ogresevic, SajedaAhmedandAmel HighSchool,andMaja Preparatory included ElizabethDavisofUniversity Amendment,” wonfourthplace. titled, “BillofRights,First and anessaypennedbyOsmanovic of DoubleStandards,” tookthirdplace ond place.Ahmedísentry, “TheLand chool. Daviswonfirstplacewithher May 28,2009 May 28,2009 May 3,2009 April 28,2009 April 16,2009 April 16,2009 April 15,2009 SAVE THEDATE: Y OUR L Flint. Greater FlintArtsCouncil, hos Annual Dinner, Flint. The Gr Zone, AnnArbor. Jer at theWashtenaw Branch Dohrn speakonjuvenile justice Bill A Traverse City. A presenting itsUnsongHero Northwest Branch willbe The ACLU ofMichigan Meeting, Detr Detroit Branch Annual Pipeline inMichigan.Metr Impacts oftheSchoolT A Generation Left Behind:The The Gr Annual Meeting,East Lansing. Michigan? LansingBranch Counsel: WhatísHappeningin The RightofthePoor to Legal Rapids. Wealthy Theater, Grand Libertarian oftheYear event. Michigan Branch Civil ACLU ofMichiganWestern war ome Str t itsAnnualMeetingatthe IN ACTION. d atitsAnnualMeeting, y ers andBernadine eat eat FlintBr o u Imagine?”tooksec OC er FlintBranch’s ong Ev AL A oit. anch will ent. Neutr CL o Prison U o s al - 7 SPRING 2009 Non-Profit Org. U.S. Postage PAID

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will include a ques a include will tion and answ and tion er segment, book signing and wine and hor and wine and signing book segment, er s

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verywhere who are changing the nation. The event begins at 6:30 p.m. and p.m. 6:30 at begins event The nation. the changing are who verywhere e Please reserve Student/Low-income ticket(s) at $30 per ticket. ticket. per $30 at ticket(s) Student/Low-income reserve Please

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Connecticut chall Connecticut enging the PATRIOT Act, Goodman celebrates citizens celebrates Goodman Act, PATRIOT the enging

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understanding. It is so important, especially important, so is It understanding. rganizers in New Orleans struggling to reclaim their homes to librarians in librarians to homes their reclaim to struggling Orleans New in rganizers o

dialogue celebrating ordinary heroes in extraordinary times. From community From times. extraordinary in heroes ordinary celebrating dialogue [It is] a powerful tool for peace, for peace, for tool powerful a is] [It

undraiser, “Standing Up with Amy Goodman,” an enlightening and inspiring and enlightening an Goodman,” Amy with Up “Standing undraiser, f

what the corporate networks refuse to do... to refuse networks corporate the what

In Grand Rapids, Goodman will be the featured speaker at the ACLU the at speaker featured the be will Goodman Rapids, Grand In

silence is and break the sound barrier, doing barrier, sound the break and is silence

Award for Social Justice Reporting (2007). (2007). Reporting Justice Social for Award

“Independent media can go to where the where to go can media “Independent

he Sound Barrier,” for which she was recognized with the James Aronson James the with recognized was she which for Barrier,” Sound he t Media That Love Them” (2004). She also writes a weekly column, “Breaking column, weekly a writes also She (2004). Them” Love That Media

N A M D O O

xception to the Rulers: Exposing Oily Politicians, War Profiteers and the and Profiteers War Politicians, Oily Exposing Rulers: the to xception G E

Liars, Media Cheerleaders and the People Who Fight Back” (2006) and “The and (2006) Back” Fight Who People the and Cheerleaders Media Liars,

imes bestsellers, “Standing Up to the Madness” (2008), “Static: Government “Static: (2008), Madness” the to Up “Standing bestsellers, imes T

She is the co-author with her brother, David Goodman, of three New York New three of Goodman, David brother, her with co-author the is She

ften excluded by the mainstream media.” mainstream the by excluded ften o

Y M that brings to millions the alternative voices alternative the millions to brings that A

ndependent grassroots political journalism political grassroots ndependent i

h t i w P for “developing an innovative model of truly of model innovative an “developing for U

December 2008 in the Swedish Parliament Swedish the in 2008 December

obel Prize,” Goodman was honored in honored was Goodman Prize,” obel N

Livelihood Award, known as the “Alternative the as known Award, Livelihood

he first journalist to receive the Right the receive to journalist first he T

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apids on March 20 at the historic Fountain historic the at 20 March on apids R G N I D N A T S

globe at an ACLU of Michigan event in Grand in event Michigan of ACLU an at globe

renches and her take on the state of the of state the on take her and renches t

will share her wit, her experiences in the in experiences her wit, her share will

emocracy Now! host, Amy Goodman, Goodman, Amy host, Now! emocracy D

cclaimed journalist, author and author journalist, cclaimed A

s t n e s e r p n a g i h c i M f o U L C A e Th