LAW OFFICES OF CALIFORNIA RURAL LEGAL ASSISTANCE

115 SANSOME STREET, 9TH FLOOR SAN FRANCISCO, CALIFORNIA 94104

TELEPHONE 421.3403

( AREA CODE 415 )

January 27, 1978

Mr. Herman Baca 105 South Harbison National City, California 92050

Re: Casa Justicia v. Duffy, S.D. Cal. 75-0219A-GT

Dear Herman:

This letter just confirms our brief telephone con- versation today and agreement to dismiss the above- entitled case. I have enclosed a copy of the Stipulation for your information.

Sincerely,

VICTOR HARRIS

VH:dc 1 VICTOR HARRIS, ESQ. NEIL GOTANDA, ESQ. 2 DIANE S. GREENBERG, ESQ. CALIFORNIA RURAL LEGAL ASSISTANCE 3 115 Sansome Street San Francisco, California 94104 4 Telephone: (415) 421-3405 5 Attorneys for Plaintiffs 6

7 8 DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 CASA JUSTICIA, et al., 11 ) ) Plaintiff, Civil No. 75-0219A-GT 12 ) ) 13 ) v . ) STIPULATION AND ORDER 14 ) ) JOHN DUFFY, etc., et al., 15 ) ) Defendants. ) 16 ) 17 Pursuant to Rule 41(a)(2), 18 Federal Rules of Civil Procedure, it is hereby stipulated that the above-entitled 19 action may be dismissed, each party to bear its own costs. 20 Dated: December 28, 1977. 21 y VICTOR HARRIS, one 22 of the attorneys for Plaintiff CASA JUSTICIA 23

24 Donald L. Clark, County C,212E5e1 25 Dated: 26 LLOYD. M. HARMON, JR., Deputy, 27 Attorneys for Defendants 28 ORDER Based upon the Stipulation of the parties 29 hereto, and good cause appearing therefor: 30 IT IS SO ORDERED. 31 Dated: 32

UNITED STATES DISTRICT JUDGE LAW OFFICES OF CALIFORNIA RURAL LEGAL ASSISTANCE

328 CAYUGA STREET

P.O. 80X 846

SALINAS, CALIFORNIA 99901

TELEPHONE 424.2201

(AREA CODE 408)

February 3, 1978

Mr. Herman Baca Chairman, Ad Hoc Committee on Chicano Rights 1837 Highland Avenue National City, CA 92050 Dear Mr, Baca: I received your name and address from Bob Ryan, as a person interested in the problem of harassment by local police agencies of individuals over their immigration status. A group of Legal Aid, C.R.L.A., M.A.L.D.E.F., and private attorneys met recently to discuss strategies to deal with this problem, and to coordinate efforts on a statewide basis. As part of this, it was decided to attempt to uncover and document as many cases of police harassment as possible, throughout the state. We are interested in any incidents in which local law enforcement officials arrested or detained any person solely for an immigration violation, or interrogated any person regarding his/her immigration status. While certain extraordinary circumstances may justify such detentions or interrogations, in nearly all such cases the police are acting without probable cause and there- fore unlawfully. If you are familiar with any harassment incidents we would be interested in receiving a report summarizing what happened. The report should contain the following information:

1) Name of the victim or victims; 2) Immigration status of the victim;

3) Place and date;

4) Police agency involved-individuals' names if known; CALIFORNIA RURAL LEGAL ASSISTANCE

5) Brief narrative of the interrogation or events leading to arrest;

6) Period of detention, if any--circumstances of release;

7) Description of damages suffered as result of detention--last work, separation from family, etc.

Meetings are being planned for the near future with various officials, so it is important that we quickly develop facts demonstrating the full scope of this problem.

If you have any questions regarding the information requested, or wish to learn more about the activities of our ad hoc group, feel free to contact me.

Sincerely,

CALIFORNIA RURAL LEGAL ASSISTANCE I

JO ANN NOVOSON Attorney at Law

JAN:epr p

les, P.O. Box 998, Peter Stuyvesant Station , New York 10009 ceP Telephone: (212) 674-2640

Dear Friend, Enclosed is a leaflet that we feel very proud of. It is our latest contrib- ution to the very important effort to DEFEAT S-1437/H-6869. This leaflet has been produced to serve as a leaflet for mass distribution-- at subway stops, in meetings, on street corners, etc. Mass pressure is essential to our effort and this leaflet is a resource to help generate that pressure. As you are probably aware, the House Judiciary Subcemmittee-did not approve E-6869. Instead, they did up a proposed bill of their own. Now that the process has moved to the full House Judiciary Committee, however, H-6869 is very much alive once again. It can be introduced by any -member of the Committee or the subcommittee bill can be amended_such that it become H-6869 in fact, if not in name. If a bill comes out of the Judiciary Committee and goes to the full Heuse, the-likelihood is even greater that S-1437/H-6869 comes out pretty much intact at the other end of this long process. This makes efforts to held the process up-in the Judiciary Committee essential and, at the same time, underlines the 'importance of building a much broader mace understanding of what this bill means so that, if it does come before the full House, the broadest possible pressure can be brought to bear on Congresspemple. This leaflet will be available in mass quantity the last week in August. In the meantime, you are encouraged to reproduce it and use it right away. Bulk quantities of the leaflet will be avarlaUe at these prices: up to 100: 4 apiece plus pa,stage up to 500: 14 apiece plus postage over 500: ict apiece plus postage For the Alliance,

Ted Glick Staff Coordinator

thak. graph:Ito-8, And jparoft+-,/ P.S. Special thanks +,41,1 Peg Almt-311

NATIONAL COMMITTEE — Organizations: All African People's Revolutionary Party, American Christians To ward Socialism, . CASA—General Brotherhood of Workers. Clergy and Laity Concerned. Intercommunal Survival Committee, International Indian Treaty Council. Marion Political Collective, Mass Party Organizing Committee, National Committee to Re-open the Rosenberg Case, New American Movement.

People's Party, Puerto Rican Socialist Party. Union of Democratic Filipinos (KDP). War Resisters League . , Youth Against War and Fascism. At.Large Delegates: Akil Al-iundt, Attica Now Steve Ault, gay activist, Owen Brooks, Delta Ministry, Leslie Cagan, sc,,,alist-feminist, Marilyn Clement. Center for Constitutional Rights, Dave Dellinger, Seven Days, Koko Farrow. National Black Political Assembly. Ann Gael, Native American Solidarity Committee, Moses Harris. Black Economic Survival . Grantland Johnson . National Committee to Overturn the Bakke Decision, Bob Lewis, labor attorney, Lally Lopez. Puerto Rican Sol- idarity Committee, Ed Mann, President, Local t462, United Steel Workers of America, Paul Mayer, N Y Theolo- gical Seminary. Sara Nelson, N.0 W. Labor Task Force. Marion Stamps. Midwest Chairperson. National Tenants %ilikle Organization, Liz Stewart, Bois d'Arc Patriots, Catht Tactagutn, Union of Democratic Filipinos, Andres Torres, Pueort Rican Socialist Party, Sharon Tracy, Clamshell Alliance

e; *141 Defend your rights! Stop S-1437/H-6869

dangerous bill is working its • The 5th Amendment will become be expanded and the rights of prisoners way through Congress, Senate meaningless. Anyone who takes the 5th sharply reduced. A Bill 1437 (S-1437) and, in the in a courtroom, before an agency of the House, H-6869. This is the notorious U.S. government or before Congress can "Son of S-1", a proposed, massive be forced to testify or turn over Why now? revision of the Federal Criminal Code. It documents under Section 3111. has already been passed by the full It is no accident that this bill is being Senate. It has just come out of a • If you tell a friend in a personal letter pushed hard through Congress by the Subcommittee in the House and is now about a medical clinic where abortions Carter Administration and its allies in the before the full Judiciary Committee. It are performed, you can be prosecuted Senate and House. There is a growing may be coming before the full House this under a section of S-1437 that prohibits right wing trend in this country which fall. "notice of any kind giving seeks to blame the victims of injustice and This bill is an attack on our most basic information . . . where, or how" an discrimination—mainly women, Third democratic rights. If it is passed, here is abortion is performed. World people and gay people—for the what could happen to you: problems that are really the result of a • If you oppose expansion of system which puts corporate profit government, H-6869 is of great concern • If you are a worker on strike, you could before human need. The corporations to you. Estimates are that the passage of be charged with extortion under Section and the banks, with the support of H-6869 would increase the number of 1722 of S-1437. You could be charged government, are trying to shift the prosecutable federal crimes by 1000%. As burden of their economic crisis onto the with extortion if there is violence of any a result there would be more federal kind during a strike or a walkout even if it backs of working people through judges, prosecutors and prisons and the is started by the bosses. This is because cutbacks, higher rents, layoffs and the FBI would grow into an even stronger rolling back of the gains won over the extortion is defined as "obtaining national police force. In addition, under past forty years by labor, civil rights and property of another (like through a wage its proposals for sentencing revision, women's movements. increase) . . . by threatening or placing sentences will be longer, there will be another person in fear that any person cutbacks in the availability of parole and They want S-1437/ H-6869 as a weapon will be subjected to bodily injury . . . or good-time release, the powers of the U.S. to repress and intimidate those of us who that any property will be damaged. Attorney and the Bureau of Prisons will refuse to lie down and let them keep • If you are organizing a protest with nine or more people and the police say you have the "intention" of causing a "public disturbance", you can be charged with Leading a Riot under Section 1831.

• You can be charged with "conspiracy", "criminal attempt" and/ or "solicitation" for crimes you never committed if you discuss the possibility of some form of illegal action. You may change your mind later, but if the person or persons you had discussions with goes ahead and acts, you can be indicted and found guilty under Sections 1001-1003.

• We all will be prohibited from legally demonstrating within 100 feet of any building used by a judicial official, like federal buildings and courthouses. In addition, if you are peacefully demonstrating somewhere but a "public safety officer" believes there is a risk of injury to a person or to property, he can force you to disperse. (Sections 1328 and 1861) rolling over us. Rather than attacking employment, poor housing, inadequate health care, etc., this bill will attack the people who are organizing to solve these problems. The Peoples' Alliance is a national network of organizations and individuals that has come together to • help coordinate our responses to these attacks so that we can all be stronger and We - more effective. S-1437/ H-6869 is an your- detted repit.ntativ55 attack on all of us and, indeed, on our Will defend and protect IthaericZt. Constitutional rights to dissent, to f freedarri even if tkt 3aa,z to . protest, to organize. IT MUST BE dismantle the oriotitt.tion. V) otio OPPOSED! a _tree America. is a Sl_triE Aineria ...everytcayirl What you can do: ancE liglaW out by 9:3o.

I. Contact your Representative today. Write to him/ her c, o the House of Representatives, Washington, D.C. 20515. 2. Write the Judiciary Committe telling them not to pass this bill. Write them c/ o the same address as your Re- presentative. 3. Have your union, church, community organization, association, etc. pass a resolution against S-1437/ H-6869 and send it at once to the Judiciary National Committee Committee. All African People's Revolutionary Party Marilyn Clement (Center for Constitutional Rights) 4. Contact the People Alliance to find American Christians Toward Socialism Dave Dellinger (Seven Days) Black Panther Party Koko Farrow (Nat'l Black Political Assembly) out more, bring a speaker to your CASA-- General Brotherhood of Workers Ann Gael (Native American Solidarity Committee) organization, to obtain other litera- Clergy and laity Concerned Moses Harris (Black Economic Survival) Intercommunal Survival Committee Grantland Johnson (Nat'l Committee to Overturn ture, to work with us or to make a International Indian Treaty Council the Bakke Decision contribution so that we can continue Marion Political Collective Bob Lewis (Labor Attorney) Mass Party Organizing Committee Lally Lopez (Puerto Rican Solidarity Committee) our work. National Committee to Re-open the Rosenberg Case Ed Mann (Pres., Local 1462 United Steel Workers New American Movement of America) People's Party Paul Mayer (N.Y. Theological Seminary) Puerto Rican Socialist Party Sara Nelson (N.avv. Labor Task Force) Union of Democratic Filipinos (KDP) Marion Stamps (Midwest Chairperson, Nat'l Tenants (Special thanks to the Bay Area War Resisters League Organization) Coalition to Stop S-1437 and the Workers World Party Liz Stewart (Bois d'Arc Patriots) Youth Against War and Fascism Cathi Tactaquin (Union of Democratic Filipinos) National Committee Against Repressive Akil Al-jundi (Attica Now)• Andres Torres (Puerto Rican Socialist Party) Legislation for much of the information Steve Ault (Gay Activist) Sharon Tracy (Clamshell Alliance) Owen Brooks (Delta Ministry) used to produce this leaflet.) Leslie Cagan (Feminist Socialist) • (Organizations listed for identification purposes only) The Peoples Alliance P.O. Box 998, Peter Stuyvesant Station New York, New York 10009 (212) 674-2640 IN THE SUPREME COURT OF THE OF CALIFORNIA'

FERNANDO SANGA, LUIS AMBRIZ, JUAN HERNANDEZ, CECELIA WEYMOUTH, RAYMOND ) REYES, RUBEN RECENDEZ, MAROARBT ANN ) RODRIGUEZ, GEORGE KYPUROS, ROSE CASTANED;!!, on their own behalf and ) :gin behalf of all persons similarly ) situPted, and AD DOC COMMITTEE ON CHICANO JIICTTS, an unincorporated association,

Petitioners, ) )„, 71,0 V S. .1 4) Pe MARCH FONG EU, Secretary of State of ) NO. the State of California, HARRY FREE, ) Imperial County Clerk, H. L. MASINI, ) Fresno County Clerk-Recorder, DONALD ) A. LOVES, San Benito County Clerk- ) Auditor-Recorder, RICHARD C. NEAL, ) Santa Cruz County Clerk-Recorder, HOWARD C. MENZEL, Santa Barbara County Clerk-Recorder, ROBERT T. DPNN, San Diego County Registrar of Voters, VERA K. GIBSON, Kern - 1 County Clerk, and GEORGE A. MANN, Santa Clara County Registrar of Vote: s, ----- ) Respondents, )

)

PETITION FOP. EXTRAORDINARY- RELIEF IN THE NATURE OF MANDAMUS, WITH SUPPORTING POINTS AND AUTHORITIES

PETER HART WEINER ALBERT H. MEYERHOFF 2130 Fulton Street RALPH S1_NTIAO0 AB2.SCAL San Francisco, CA. 94117 JUAN URANGA Telephone: (415) £6G-6504 DOUGLAS HITCHCOCK JAMES E. GONZALES, TT RALPH ARRIOLA ROBERT T. Oti•.,OS Legal Aid Society of San STEVEN BELASCO Diego, Inc. 305 Center St-feet California Rural Legal Assistance Chula Vista, CA. 92010 115 Sansoine Street, Suite 90C Telephone: (714) 427-0491 San Francisco, CA. 94104 1 Telephone: (415) 421-3405 IN THE SUPREME COURT OF THE STATE OF CALIFORNIA

FERNANDO SANGA , LUIS AMBRIZ, JUAN HERNANDEZ, CECILIA WEYMOUTH, RAYMOND REYES, RUBEN RECENDEZ, MARGARET ANN RODRIGUEZ, GEORGE KYPUROS, ROSE CASTANEDA, on their behalf and on behalf of all persons similarly situated, and AD HOC CO:-IMITTEE ON CHICANO RIGHTS, an unincorporated association, Petitioners,

VS. MARCH FONG EU, Secretary - of.State of the State of California, HARRY FREE, Imperial County Clerk, H. L. MASINI, Fresno County Clerk-Recorder, DONALD A. LOWES, San Benito County Clerk- Auditor-Recorder, RICHARD C. NEAL, Santa Cruz County Clerk-Recorder, HOWARD C. MENZEL, Santa Barbara County Clerk-Recorder, ROBERT T. DENNY, San Diego County Registrar of Voters, VERA K. GIBSON, Kern County Clerk, and GEORGE A. MANN, Santa Clara County Registrar of Voters, Respondents.

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT. OF PETITION FOR EXTRAORDINARY RELIEF IN THE NATURE OF MANDAMUS PETER HART WEINER ALBERT H. MEYERHOFF 2130 Fulton Street RALPH SANTIAGO ABASCAL San Francisco, CA. 94 1 17 JUAN URANGA Telephone: (415) 666-6504 DOUGLAS HITCHCOCK JAMES E. -GONZALES, II RALPH ARRIOLA ROBERT T. OLNOS Legal Aid Society .of San STEVEN BELASCO Diego, Inc. 305 Center Street California Rural Legal Assistance Chula Vista, CA. 92010 115 Sansome Street, Suite 900 Telephone: (714) . 427-0491 San Francisco, CA. 94104 Telephone: (415) 421-3405 LAW 0:2 ef',1-11:0'i?N IA I -WI:AL 1-1'..CAL f ∎ Sf..7-ISTAINICE sAt:50,4::S.Ttr ar, !.■Tif yi.00re f:1.1+1 CALI%'0;?.NIA

421-•:31

413)

FOR I!'.7. 71DIL1E REIJEASE

CONTACT: Au gust 24, 1976

Peter H. Weiner Albert H. P1eyerhoff California Rural Legal Assistance 115 Sansome Street San Francisco, .CA. 94104 .(415) 421-3405

L,AWSUIT DE?•1A;:DS MARCH FONG EU AND COUNTIES EXTEND REGISTRATION, PROVIDE BILINGUAL REGISTRARS •

Mexican-American citizns and taxpayers in eight counties

today filed suit in the California Supre;10 Court against Macch

Fong Eu and county election officials, accusing them of drastically curtailing voter registration and refusing to provide bilingual registrars and outreach required by state and

federal law. The petitioners, represented by California

Rural Legal Assistance and ether attorneys, seek.idiate hiring of bilingual registrars and the extension of the. voter registration deadlineuntil 10 . days before the November 2

, on October/1 election. As matters now stand, registration will end The case arises in part from well•publicized problems in

implementing the new nost -,:ar. 1 registration system. There are only

four months allowed . for regstration between the prin;t.vy and gener election. For two of these ::.enths reLjstration cane to a virtual

denutize new ref ::i st r standStill when the naedm cr.,-.Inti es ref s

or allow ofd on to use exf.: -.ting rey;istr;:tion materIals. Sfw.s.e. cfz help other of the petitioners wove t:!e:'-erc , re unable to reF,Istor eto so, the suit says. In all, the petitioners 5:1y, the nm!ber of rec,Ist;.;.:rs wz)s reduced by 8 percent fu two :7!orith:,;. The Secrotin.y -.of' did nothing to require the counties to open their regIstratjen- boo 71::, during this period, the suit As a.reDely, pe!Citioners ask the Supreme Court to extend registration an extra two and a half wee1:s Also at issue is the new f'el.-ral Voting Bights which requires bilingual registrars in 39 California countie3. The named counties have done nothing to provide registrars wherever needed, the petitioners say. Peter Hart Weiner, one of the attorneys on the case, said, "Some of these counties, like Tmoerial, have consistently flaunted the law. *•hat is astonishing and depressing is the Secretary of State's failure to do something about it, having known the situation for over two years.'l The suit notes that Ms. Eu's predecessor in 1974 conducted a survey which showed that very few

California counties try to assist Spanish=SpeakinT.voters, and that Atty. General Younger strongly recommended this year that . she take action to require compliance with state and federal law. immediate hiring of The lawsuit asks the Court to order the bilingual registrars in the affected counties.

The suit also attacks the ref-usal of Fis: Eu and counties to adopt outl'each" programs to register the mao•ity of the voting age population who are not registered to vote. Enacted by the Legislature this year, the program is designed to reve! , e a frond toward nonparticipation, the suit says, and asks th ,. Co-J1-1-. to e outreach pla order immediate implementation of balanced and eff:!cti ,: The Counties named in the suit are Fresno, Tr!perial, Fern, Benito, San Diego, Santa Barbara, Tanta Clara, and Santa Cruz.

-3 0-