2004 MICHIGAN VOTER GUIDE ENCLOSED

The American Civil Liberties Union of Michigan 60 W. Hancock Detroit, MI 48201-1343 (313) 578-6800 www.aclumich.org

NUMBER 8 • VOLUME 2 • SUMMER 2004 RAISE YOUR VOICE. VOTE!

THE ACLU OF MICHIGAN is proud to offer Term limits will affect 13 Democrats statewide elections in August, turnout is with engaged, active members, the ACLU our 2004 Primary Voters’ Guide which and 23 Republicans. This has a significant likely to drop considerably. The 13,000 of Michigan can and will have an impact you can find inside this newsletter. The effect on the primary pool: in districts members of the ACLU of Michigan can on this election. guide is based on a 10-question survey where an incumbent has been retired by make a major impact in the form the new Above all, don’t forget to vote on regarding important civil liberties issues term limits, the average party primary has legislature will take. It is vital that we August 3 between 7 AM and 8 PM and be which was sent to every candidate who more than twice as many candidates as have elected officials who will be active sure to bring a friend with you to the filed to run in the upcoming Michigan party primaries in districts where term leaders in the fight to protect freedom and polls. If you are 60 years of age or older House of Representatives election. We limits have no effect in 2004. our state’s rich constitutional heritage. or will be out of town on Election Day, hope you find it helpful. In districts that traditionally go to one We believe that Americans share a you may request an absentee ballot from This year’s primary has over 400 can- particular party, the primary election for common belief in the importance of the your city or township clerk. 1 didates vying for party nominations in the House of Representatives will be the freedoms guaranteed by the Bill of 219 races across 110 districts. The ACLU most important election this year. And Rights. Americans believe in civil liber- Voter Guide can serve as an important the participation of a small number of ties, due process, equal opportunity, and resource when you consider that thirty-six active and informed voters can have a sig- the rights of all people. Our values are the 2003 DO YOU NEED TO KNOW... 2004 Representatives, about a third of sitting nificant impact. In 2002, six seats were values of America, and our members are How you can register to vote? decided by less than 1,000 votes, and in the best ambassadors of these values. legislators who have served since 1998, Where your polling place is? 29 districts the winner had less than 60% Let your candidates know how you will lose their seats due to term limits. As How to get an absentee ballot? of the general election vote. feel about civil liberties and consider vol- UMMER a result, many of the candidates have no S

We found a great new website that DECEMBER In 2002, only about 25% of registered unteering with or contributing to a candi- voting records to offer indicators of their answers these questions and more. civil liberties positions. Michigan voters participated in the pri- date who will fight to protect these Go to www.publius.org mary election. Because there are no rights. As a non-partisan organization

Michigan Senate Michigan House Michigan Congressional Districts Districts Districts

IN THIS ISSUE: Do Civil Liberties Resolutions Make A Difference? (Page 2) ACLU Challenges Mass Search Policy in Detroit Schools (page 7) Let’s Get To Work! (Page 3) Juvenile Life Without Parole Initiative (page 7) From the President (page 3) In Memoriam: Mildred McWilliams Jeffrey (page 7) LGBT Project Update (Page 4) From the Capitol (page 8) Empowering Students (page 5) A “Game of KKK” (page 9) Youth Activist Scholarships (page 5) SLAPP Suit Thrown Out (page 9) ACLU Settles Case on Behalf of Christian Valedictorian (page 6) At-Large Nominees for State Board of Directors (page 10) School Reverses Student’s Suspension (page 6) Celebrating a Legacy of Giving (page 11) LGBT Benefit with Nilo Cruz (page 6) Announcements (page 12)

WE ARE VERY EXCITED TO WELCOME Mary Bejian to the staff as the very first CIVIL LIBERTIES RESOLUTIONS Field Organizer for the ACLU of Michigan. Mary’s major responsibilities include developing strategies to build DO MAKE A DIFFERENCE and strengthen grassroots support for civil liberties in Michigan. As one part NOEL SALEH, SAFE AND FREE PROJECT STAFF ATTORNEY of this, Mary will be working with our nine branches to help with coalition- building, community education and membership recruitment. Before joining the ACLU staff, Mary worked for nine years as the s we enter into the November Coordinator of Investigations at the Fair Housing Center of Southeastern election campaign, the efficacy of Michigan. But many of you may know the Safe and Free Civil Liberties her as the former Chair for the ACLU- A Washtenaw County Branch. Under Mary’s leadership, Ann Arbor was one resolution is clear. A major part of of the first cities to pass a civil liberties resolution regarding concerns raised President Bush and Vice-President by the Patriot Act. In addition to her many ACLU volunteer activities, Mary Cheney’s campaign has been an effort has worked on issues related to the politics of HIV/AIDS, sexual assault to renew the Patriot Act. prevention and racial profiling. Equally significant is that the U.S. In Michigan, the communities that Terrorism Task Force” to join a 20-year- Mary graduated with a B.A. in Women’s Congress is raising opposing concerns. have been involved in “Civil Liberties” old faith-based peace group–as they have Studies and Psychology from the Legislation, such as the SAFE Act and resolutions have inevitably had to address in Washington and Oregon? Do we agree University of Michigan in 1992. the Civil Liberties Restoration Act, has comments from the U.S. Attorneys with the Justice Department’s attempt to We are very fortunate to have Mary as been introduced to restrict the more offices. The major arguments faced are as obtain the names of every person who part of the ACLU team, and you can look egregious provisions of the Patriot Act follows:* attended a conference on “Women and forward to seeing her around the state. and related government policies. This is Islamic Law” as it did at the University of in direct response to the questions “No section of the PATRIOT Act Texas Law School or a peace conference 2 raised by the ACLU’s “Safe and Free” authorizes or encourages restrictions (including subpoenaing the entire mem- campaign. Our branches and individual on First Amendment rights of public bership list of one of the organizing members need to redouble our efforts at assembly or religion or Fourth groups) as it did at Drake University in this critical period. Amendment invasions of privacy.” Des Moines, Iowa? Does the FBI memo The USA-PATRIOT Act has been the In the wake of the USA-PATRIOT requesting that local police agencies 2004 topic of many debates and discussions – Act, the FBI removed its previous guide- videotape anti-war rallies to locate both in and out of legal circles. lines, and authorized surveillance of reli- “potential terrorists” really present the Significantly, the general American pub- gious activities and peace groups. While picture of American Free Speech to which

UMMER lic has identified the whole panorama of the change in policy may not be strictly a we adhere? S sweeping “anti-terrorism” activities with this act. In the “Only one Court has held that public eye, mass arrests and any part of the USA-PATRIOT prolonged detentions, hold- HELP KEEP CIVIL LIBERTIES Act violates any portion of the ing American citizens Bill of Rights...” incommunicado in military AN ELECTION CONCERN! The U.S. District Court in prisons (so-called “enemy California has already ruled combatants”) and even the CONTACT: ACLU OF MICHIGAN that a portion of the act is unconstitutionally vague and Guantanamo Bay detentions SAFE & FREE PROJECT have been seen as part of the has a “chilling effect” on Free USA-PATRIOT Act. The 60 WEST HANCOCK Speech. The ACLU lawsuit, concern is so widespread DETROIT, MI 48201 pending in the federal court in that over 329 communities (313) 578-6810 Michigan, challenging Section from 39 different states, 215 of the USA-PATRIOT Act, including 4 state legisla- is grounded upon a First Staff tures, have passed “Civil OR VISIT OUR WEBSITE: Amendment challenge. It is Kary L. Moss...... Executive Director Liberties” resolutions ques- WWW.ACLUMICH.ORG our plaintiffs’ fear that the Leslie White-Jones ...... Development Director tioning the wisdom, if not Patriot Act has caused a dra- Michael J. Steinberg ...... Legal Director the legality, of the Patriot matic decline in memberships Wendy Wagenheim...... Communications Director Act and related federal actions in the “war violation of our “reasonable expectation and donations in their mosques and has Noel Saleh ...... Staff Attorney on terrorism.” It is this campaign that has of privacy,” it is a dramatic reversal of forced a church-sponsored refugee group Safe and Free Project made the Patriot Act an election issue. longstanding policy. The former FBI pol- to change its record-keeping practices that Jay Kaplan...... Staff Attorney While clearly there are “legal argu- icy limiting the “monitoring” of free forms a substantial basis of our claims. LGBT Project speech and religious events was a This First Amendment “chill” is rem- Kara Jennings...... LGBT Fellow ments” both for and against the various provisions within the USA-PATRIOT response to FBI abuses during the era of iniscent of an earlier era when the gov- Shelli Weisberg ...... Legislative Director Act, I want to stress that the major func- Civil Rights and Vietnam War protests. ernment attempted to shut down dissent Mary Bejian ...... Field Organizer tion of the “civil liberties resolution” The U.S. Senate Church Committee out- by investigating groups like the NAACP Brenda Bove ...... Paralegal campaign is to affirm the commitment to lined numerous abuses by the Justice and the Japanese American Citizens Cynthia Nicely...... Bookkeeper American core values, as expressed in the Department during this period. The pol- League. Notably, these groups and other Carmetta Jones ...... Administrative Assistant Bill of Rights. As noted recently by icy was enacted to cure these abuses. The civil rights, immigrant and free speech Officers Supreme Court Justice Ruth Bader Justice Department attempts to justify the advocates filed briefs supporting the Jim Rodbard ...... President Ginsburg when asked if our rights as U.S. increased authority of the FBI to monitor ACLU’s challenge arguing that the law Joseph S. Tuchinsky...... Treasurer citizens were in danger: public events, including religious serv- also violates their members’ First Amendment rights to free speech and free Heather Bendure...... Secretary “On important issues, like the ices, as nothing more than the right of any association — as well as their right to Mark Granzotto ...... General Counsel balance between liberty and other citizen. privacy under the Fourth Amendment. Jacquelin Washington...... Executive VP ACLU Fund security, if the public doesn’t care, But the issue is not whether such activ- then the security side is going to ity is strictly a violation of the Fourth Civil Liberties overweigh the other, [that would Amendment. The issue is: do we want our Newsletter change], if people come forward and government investigating our First Amendment activities? Do we want Wendy Wagenheim, Editor say we are proud to live in the USA, Published by the a land that has been more free, and undercover members of the “Joint American Civil Liberties Union / we want to keep it that way.” continued on page 4 ACLU Fund of Michigan 60 W. Hancock Detroit, Michigan 48201-1343 * The recurring arguments from the U.S. Attorneys office in both the Eastern and Western Districts of Michigan are set forth in a letter from Hagen Frank, Asst. U.S. www.aclumich.org Attorney for the Western District to the Grand Rapids Police Department. This article is based upon the response sent to the Grand Rapids Commissioners. LET’S GET TO WORK!

FROM THE EXECUTIVE DIRECTOR, KARY L. MOSS, ESQ.

want to thank each of you for your support of the ACLU of Michigan and our work to Idefend freedom. You make it possible for us to operate an incredible program that I hope makes you proud.

If you have not yet received our 2003 of the courts. This presents an immediate statewide efforts to tell policy-makers that In addition to placing significant annual report, which documents our most and profound threat to our democracy – we can be both safe and free becomes resources into our legal work, this year we recent work, please contact the office. our system of checks and balances – and even more crucial. Twelve cities and have created a new position of Field Our efforts protecting freedom and ignores the strong bi-partisan support we counties in Michigan have passed ordi- Organizer and welcome Mary Bejian to democracy are especially important right have for national policies that keep us both nances and resolutions and we are work- the staff. She will help activate our mem- now. safe and free. ing hard to add even more to that list. bership using, in particular, an Internet With this year’s presidential election, To ensure that everyone who wants to All of these issues – openness in strategy aimed at attracting new members civil liberties move front and center in the vote is able to and have that vote counted, government, voting rights, gay marriage, and activists. heightened political climate. This is a we are developing voter registration affirmative action, the right to privacy – We’re creating bilingual “know your “teachable moment” – a time when we can literature, including specific information and many others, are central to this elec- rights” public service announcements for 3 build a lifelong commitment to civil lib- for students. tion. The ACLU is a nonpartisan organi- broadcast on public television. We’re writ- erties and the ACLU. Our rising member- We’re also working hard to get the zation - one that challenges politicians of ing op-ed pieces to appear in newspapers ship in this state – now over 13,000 – facts out as the right wing promotes a all parties and all ideological stripes to throughout the state. We’re briefing media is testimony to the importance of this marriage ban amendment that would defend freedom. We never have – and outlets to make certain that their coverage 2004 organization. write discrimination into the state and U.S. never will – play any role in influencing of the 2004 debate over civil liberties is Consider the range of issues and Constitution, allows the death-penalty, the outcome of an election. But, we do well-grounded in the facts. activities in which we’re engaged. Our eliminates affirmative action, have a responsibility to make sure that a We’re planning the first-ever ACLU of legal challenge to Section 215 of the and bans abortion. great debate about civil liberties takes Michigan Membership Conference, to be UMMER S Patriot Act is one of the most important As we near election day, our goal is to place all across our nation. held next spring in Lansing, which will lawsuits in the country right now. Section ensure that free speech and dissent are To do this, we need to attract, engage feature civil liberties workshops and advo- 215 allows the government to go to a protected. We will continue to oppose and motivate young people, not only cacy-training. Mark your calendar. secret court to obtain warrants without efforts to restrict protests from areas far because they are a great force for change All this activity depends upon the ener- having to show probable cause that a away from debates and rallies and will today but also because we must create the getic support of people like you. With crime has been committted. closely monitor these events. next generation of civil liberties advo- your help, we can lead a great 2004 debate This case, and our other work on this And as the President launches his cam- cates. For many youth today, this is the about civil liberties and, even more issue, demonstrates that the Executive paign to defend the Patriot Act and prevent moment that will shape their lives. importantly, we can win that debate. Let’s branch is making efforts to limit the power certain provisions of the law to sunset, our get to work.

THE 2003 ANNUAL REPORT IS NOW AVAILABLE ON THE FROM THE PRESIDENT WEBSITE AT

WWW.ACLUMICH.ORG JACQUELIN WASHINGTON

It has been an honor to serve as pres- Patriot Act and other measures — seemed ident of ACLU of Michigan for the past to shake the very foundation of this four years. The need to defend the U. S. democracy. Since then, Michigan citizens Constitution has never been greater. have increasingly turned to the ACLU. In the past four years there have been Our membership has grown to unprece- many successful initiatives at the ACLU dented numbers in support of our efforts of Michigan — including the LGBT to preserve our rights under the Project, efforts to eliminate racial profil- Constitution. ing, a statewide conference on women’s These four years have been a chal- issues, as well as collaboration with lenging time for civil liberties, but a groups to oppose school vouchers and the rewarding time for me as your president. attempt to ban affirmative action. At the So it is with great pride that I end my same time, the ACLU of Michigan con- term of office. I have worked with a tinued to conduct strong legal and leg- tremendous group of people, including islative programs. the staff, branches and Board of TO RECEIVE A COPY All of us feel secure in knowing that Directors. I leave confident knowing that this country is great because of the Bill a strong leadership will continue under OF THE REPORT, of Rights and the protection it affords us. our new president, Jim Rodbard, and PLEASE CALL After 9/11 and the threat of terrorism, we Executive Director Kary Moss. have felt more uncertainty. The govern- (313) 578-6801 ment’s response — enacting the USA

LGBT PROJECT UPDATE

JAY KAPLAN

uring what has come to be known as Pride months, June and July will find LGBT Dcommunities across the nation and worldwide celebrating our lives, our relationships, our families and the progress that has been made towards achieving LGBT equality.

The ACLU’s LGBT Project has • The State Registrar introduced a secured the necessary 317,000 valid sig- people could be denied the opportunity to already participated at events in Ferndale, revised birth certificate form that can natures. If they reach their goal and this be foster or adoptive parents solely on the Lansing and Grand Rapids, and we’ll be record the names of both same-sex amendment is passed by a majority of basis of an agency’s attitude toward sex- at the Detroit Gay Black Pride celebration parents. Michigan voters in November, it will ual orientation. This bill will allow deci- mean that same-sex marriages, civil sions to be made with no regard for the in July. • The Department of Corrections revised unions and domestic partner benefits best interests of the child. Looking back since Pride 2003, we its policy on new inmates, to no will all be prohibited in Michigan. A sim- If that weren’t enough, Rep. Scott have much to celebrate. Striking down longer record on prison forms whether ilar proposed amendment to the U.S. Hummell (R-DeWitt) has announced Texas’ same-sex sodomy law as uncon- the inmate is “homosexual.” stitutional, the U.S. Supreme Court Constitution has been introduced (and that he will introduce legislation limit- majority in Lawrence v. Texas recognized • The City of East Lansing added gender supported by President Bush) that would ing joint adoptions to married couples. that gays and lesbians can no longer be identity to its human rights ordinance, do essentially the same thing on a federal Since same-sex couples cannot marry in treated as second-class citizens. That and the Charter Township of West level. If either of these amendments are Michigan, children living in same-sex 4 decision holds tremendous potential for Bloomfield added sexual orientation adopted, it will be the first time that dis- households will not have the legal challenging policies, practices and laws to its employment non-discrimination crimination against a particular group of protection of both parents. Once again, that treat LGBT people unequally. We policy. people is written into the Constitution. the best interests of the child would And it is a travesty of democracy when a be ignored, with the sole focus on the have also seen same-sex marriages • And a proposed amendment to

2004 majority votes on whether a minority marital status of the adoptive parents. become a reality in Canada. On May Michigan’s constitution that would group should have a fundamental right. Michigan’s LGBT community, 17th Massachusetts became the first state prohibit same-sex marriage and other Michigan’s legislature continues to friends, families and allies must be to legally recognize same-sex marriages, forms of legal recognition for same- affording LGBT couples the same legal churn out bills that would marginalize and motivated to fight back against these UMMER sex marriages failed to secure enough

S disenfranchise LGBT people. Recently mean-spirited attempts to promote dis- rights, benefits and protections as votes in the Michigan House of the House passed a series of bills that crimination. We must all decline to sign heterosexual couples. Legal challenges Representatives for passage. have already been filed in California, would permit health care providers, hos- the ballot initiative petition. We have to pitals and medical insurers to refuse raise our voices and take action. New Jersey, New York, Oregon and But for all our celebration, Pride must treatment to individuals, based on their We must speak out against legislation Washington to challenge those states’ also be a time for motivation because not “moral” or “religious” beliefs. This legis- that tinkers with the Constitution and refusal to legally recognize same-sex all of the news is good. In response to the lation could result in LGBT persons denies rights and protections. We must marriages. gains made, there are efforts by the reli- being refused medical treatment, as well oppose legislation that denies health care, And there has been some good news gious right to turn back the clock and to as limiting the reproductive rights and nurturing homes for children, and the in Michigan, as well. continue to treat LGBT people as second- choices of women. protection of two parents for a child. class citizens. In spite of the victory in the • Governor Granholm issued an execu- A bill has also been introduced that The civil rights gains we’ve achieved Michigan House, there is a petition drive tive directive, prohibiting sexual would permit foster care and adoption are a result of hard work and advocacy. to put the proposed Michigan orientation discrimination in state agencies to refuse to place children in a We need to keep celebrating and to keep Constitutional amendment on the departments. home if they believe that the home working. November ballot. By the time you read violates the agency’s religious or moral this newsletter, we will know if they convictions. In other words, LGBT

SAFE AND FREE PROJECT UPDATE continued from page 2

“The assertion that the PATRIOT Act American Jewish Committee, Amnesty grant of certiorari by the Supreme Court, etc., seem to be a form of ethnic profiling. restricts Sixth or Fifth Amendment International, the Anti-Defamation reversed its long-held position and allowed More recent resolutions also call upon the rights to counsel or Fifth Amendment League, the Association of the Bar of the Jose Padilla to be visited by his attorney. local government to go on record oppos- Due Process guarantees...is incorrect, City of New York, Human Rights Watch, Equally significant are the rulings of both ing the CLEAR Act legislation that would without exception.” Islamic Circle North America (Relief), the District Court and the U.S. Court of make state and local law enforcement In making this argument, the U.S. the Law Society of England and Wales, the Appeals holding that the government pol- enforcers of civil immigration violations. Attorneys office seeks to distinguish its Lawyers Committee for Human Rights, icy of designating persons as “enemy com- These concerns raise legitimate civil lib- policies and Executive Orders, which the National Association of Criminal batants” was constitutionally void and erties questions. They should not be mis- are a concern of the Civil Liberties res- Defense Lawyers, the National ruled that a U.S. citizen, arrested on characterized as alleging the government olutions, by noting that such rights are Association of Social Workers LDF, the American soil, cannot be held at the sole is participating in “selective prosecution.” not directly affected by the USA- National Council of Churches, People for discretion of the President without When community members coalesce to PATRIOT Act. They cite the the American Way, the Religious Action charges, trial or access to counsel. work on a “Civil Liberties” resolution, it Guantanamo Bay detainees as an exam- Center, the Rutherford Institute, Trial is the USA-PATRIOT Act combined with ple of a policy that is not a part of the Lawyers for Public Justice, and Union for “Finally, the assertion that the PATRIOT numerous federal policies that are the Act. But that is not the issue. They next Reform Judaism. Act in any way changes the criminal source for many of their concerns. These argue that ultimately it is the role of the The policy of declaring U.S. citizens as burden of proof (or), allows for selective resolutions are the voice of many U.S. Supreme Court to make a final “enemy combatants” is, admittedly, not prosecution ...” Americans, who, like Justice Ginsburg, determination. The U.S. Supreme Court included in the USA-PATRIOT Act. It, Most communities, when supporting a say “we are proud to live in the USA, a has agreed to rule on this very issue and too, is a policy included in the Civil Civil Liberties resolution, have argued that land that has been more free, and we want the ACLU has filed an amicus brief. Liberties resolution. Again, this issue is many of the immigration-related pro- to keep it that way.” Among the many other human rights, currently before the U.S. Supreme Court. grams, such as the FBI questioning of legal and religious organizations joining It is significant to note that the Justice Arab and Muslims (not based upon any as friends-of-the-court are: the Department, immediately following the individualized circumstances), NSEERS YOUTH SCOLARSHIP AWARD EMPOWERING STUDENTS GIVEN TO MICHIGAN STUDENT

FROM THE LEGAL DIRECTOR, MICHAEL J. STEINBERG The American Civil Liberties Union has again selected ten high school frequently speak to high school seniors from around the country to students about civil liberties and the receive Youth Activist Scholarships for 2004. Each student is the critical role the Bill of Rights plays in I recipient of $4,000 in honor of our democracy. Unfortunately, many his/her outstanding work to protect students believe that the Bill of Rights civil liberties, especially the rights of young people. is some abstract historical document This is the third time that a that has no meaning in their lives. Michigan student has been And how can we blame them? In many young people should know that the ACLU sealed or classified documents (it is a fed- selected. This year’s winner was schools today students are subjected to is in their corner standing ready to fight eral crime to reveal such documents), the random searches, constant videotaped with them for justice. prohibition on commenting on “confi- Bretton Barber, the Dearborn surveillance and drug sniffing dogs. In This newsletter is full of stories of the dential” information is much broader. The student who was the plaintiff in the other schools, students are prohibited ACLU taking legal action or threatening attorneys who represented the terrorist from criticizing school policies in their legal action in recent months to support suspects have wanted to respond to media ACLU’s successful First high school newspapers, in underground the rights of young people–whether it be calls about the failure of the government Amendment challenge against the student newspapers or even on private an African American student’s right to to Internet sites that they create from home. attend school free of a hostile racial envi- disclose exculpatory evidence about Dearborn Schools’ t-shirt ban. Students attempting to express their polit- ronment, a valedictorian’s right to share a their clients and about the lawsuit filed Brett has been an ACLU member ical or religious views through their bible verse in a section of the yearbook against Attorney General John Ashcroft clothing or in a public forum are often reserved for self-expression, a student by the government lawyer who prose- since 7th grade. So by the time he censored. activist’s right to wear anarchy and peace cuted the case. However, they will not 5 got to high school and was asked to Young people are not treated much signs on his clothes, or Detroit students’ do so for fear of violating the gag order. better out of school than they are treated rights to attend a school where they are The defense attorneys have appealed remove his anti-war t-shirt by in school. Malls are implementing new not treated like inmates. We must con- the gag order, and the ACLU, along with school officials, he knew what his

policies that ban people under 18 after 5 tinue to bring cases on behalf of young the Criminal Defense Attorneys of 2004 p.m. unless they are accompanied by a people to prevent an entire generation Michigan, filed a friend-of-the-court brief rights were, and he knew who to parent or person over 21 years of age. from falling into a permanent state of in support of the defense attorneys. The call: the ACLU. In addition to his Police officers force students walking powerlessness, apathy and despair. We ACLU is primarily concerned about the UMMER down a street to submit to a Breathalyzer must teach our students that the Bill of weak standard the judge applied for “gag First Amendment activism, Bretton S test even though they don’t have a search Rights is a living document that protects rules” after the trial is over and the prece- has been volunteering at the ACLU warrant. Teenagers–especially teenagers the liberties and freedoms of everyone dent it will set for other cases. U.S. v. of color–are often targeted by police offi- and that they can make a difference in this Koubriti. Cooperating Attorney: Erwin office all year. He also writes a cers based on unfair stereotypes. world. Our democracy depends on it. Chemerinsky. column on youth issues for Recently, I spoke at a government APPELLATE COURT RULES THAT class at Mumford High School. A few CASE WAS WRONGLY DISMISSED Between the Lines, a monthly gay days before my visit, each and every stu- UPDATES FOR PRE-TRIAL STATEMENTS. rights newspaper. dent in the school was forced to stand Many of our cases are featured else- The Michigan Court of Appeals, silently in line for 1-1/2 hours waiting to where in the newsletter. Here are a few agreeing with the ACLU’s friend-of-the- be frisked and have their backpacks and additional victories and updates. “My First Amendment battle only court brief, recently reinstated a sexual purses searched by Detroit police offi- RIGHT TO APPOINTED COUNSEL IN harassment case against Ford Motor strengthened my desire to be an cers. The students complained about how APPEAL OF MISDEMEANOR Company. The trial judge had dismissed the officers yelled at them and roughed CONVICTIONS. activist for civil liberties,” Brett the case because of public statements them up if they questioned why the The courts have made it clear that poor made by the plaintiff and her attorneys said. “I realize now that violations search was necessary. They complained people who are convicted of a crime and sentenced to jail are entitled to a free before trial–even though the judge had that they were being treated like criminals occur to everyone, everywhere, no court-appointed attorney to represent never issued a “gag rule” and even though rather than students and that the mass them on appeal. Nonetheless, many the judge had never attempted to deter- matter what their ideals.” search prevented them from going to Michigan judges will not appoint appel- mine whether an impartial jury could be classes and learning. late counsel in misdemeanor cases. After seated. The ACLU, concerned about both The Award was created in 2000 to While I was disturbed by the mass a Plymouth District Court judge refused the right to fair trials and free speech, had search of Detroit students, what I found to appoint appellate counsel to a man sen- argued that that the dismissal of the case recognize the efforts of graduating even more disturbing was the fact that the tenced to a year in jail for a misdemeanor, violated the plaintiff’s and attorneys’ free seniors who have demonstrated a Mumford students felt absolutely power- the ACLU of Michigan successfully speech rights were violated and that there less to do anything about it. They said that appealed the issue to the Wayne County were less drastic means of ensuring a fair strong commitment to civil they have been treated like this by the Circuit Court. The ACLU is now working trial short of dismissing the case alto- liberties and civil rights through police and, in some cases, by their teach- to persuade the Michigan Supreme Court to clarify its court rules to make it clear gether. Maldonado v. Ford Motor Co. ers, since they started school. While the some form of student activism. that all indigent misdemeanants who are Cooperating Attorney: Christine Chabot. students knew their rights were being vio- sentenced to jail are entitled to appointed lated, they had been conditioned to counsel and free transcripts. People v. Teachers: The ACLU has a Bill of Rights “The next generation of civil believe that there was no remedy. I Kanka. Cooperating Attorney: Ralph curriculum guide available for use believe that this sense of helplessness not libertarians will face new Simpson, with assistance from law interns in your classroom. Go to only leads to inaction and apathy, but it Bryan Anderson and Melanie http://www.aclumich.org/pubs/ challenges as part of their ongoing also breeds a resentment of “the system” Sonnenborn. billofrights.pdf to download the that has troubling ramifications for soci- defense of the Bill of Rights,” said CHALLENGING “GAG RULE” ON “A Resource Guide for ety long after the students leave school. POST-TRIAL PUBLICITY IN Teaching the Bill of Rights.” ACLU Executive Director Anthony I strongly believe that it is our respon- TERRORISM CASE. sibility to teach young people that they do D. Romero. After the first terrorism trial in the have rights and that they don’t have to “sit country was over, a federal judge in back and take it anymore.” Rather, they Detroit issued a broad gag rule barring “This scholarship gives the ACLU can organize, speak out against injustice attorneys in the case from not only dis- an opportunity to recognize the and bring about change through non- closing sealed and classified documents, violent and productive methods. And but also from “commenting” on “confi- bravery of these students and the when the authorities – whether it is the dential” information about the case. inspiration they provide.” police, school administrators or even While the defense attorneys did not mall owners – violate their civil liberties object to the portion of the order about or engage in illegal age discrimination, SUMMER 2004 6 Seattle, Washington. da that shapesm ingful. Itstated: mitted abible verse thatshefoundmean- Christian andclassvaledictorian, sub- from theBible. Ms.Moler, adevout yearbook becauseitcontainedapassage also mustbev constitutionally promotereligion,they (New Bible). International hope andafuture.’” Jeremiah29:11 you,and nottoharm plansgive you declares theLord, ‘planstoprosperyou Heights student.“Thiswas acasewhere represented Abbey Moler, theSterling ACLU ofMichigan Legal Director, who students,” saidMichaelJ. Steinberg, the private religiousexpression oftheir Abbe pass ontotherestofschool. share somew In addition,eachstudentwas invited to and thecolle activities book thatlistedthestudents’ ates w a handfulofotherhighachie Ste Hispanic desc A gayCuban-American, Cruzbecame thefirst playwrightof Jimmy Smits. which wasrecently produced onBroadway withacast led by Cruz read from hisworks, including“Anna intheTropics,” Gallery/Museum onMay20to benefittheLGBT Project. The A WINNING PLAYWRIGHT NILO CRUZ ACLU HOSTSPULITZERPRIZE- WHEN ABBEYMOLERW Abbe “Beauty oftheF Cruz teaches playwritingat Yale University. Hisnewest play, se in theTropics,” which,inadditionto Broadway, hashad VALEDICTORIAN CHRISTIAN ON BEHALFOF ACLU SETTLESCASE y toda v I w “While it is true thatschoolsmay“While itistrue not “‘For Iknow theplansIhave foryou,’ But w veral regional productions throughout theU.S. y Mol enson HighSchoolin2001,sheand y’ ere profiled inasectionofthe year- ere profiled ould lik s entr er CLU heldanevent withNilo CruzattheArtExchange hen they y: y hadbeendeletedfromthe ges they plannedtoattend. ords ofwisdomoradviceto y lifeandguidesmefrom er e toshareaf y carefulnottosuppress earbook was published, ent t ather,” r o winthePulitzerPrizein2003f avorite verse ving g AS ASENIOR ec radu entl at - y haditsw nature. speech becauseitw dent e forstu- a highschoolhadcreatedforum entry wasentry simply, “Oneword: Plastics.” always eatoatmeal.” Another student’s never grow old, I’ll never die,andI’ll For example, onestudent wrote, “I’ll from seriousadvicetohumoroustidbits. the “wants topasson”sectionranged the minus quite astonishedwhen they saw thebook because itwas religioussothey were that theschoolcouldnotpub letter of regret to letter ofregret Abbey. issues thatariseinschools;andwritea staff onfreespeechandreligiousfreedom in-ser might f religious orpoliticalspeechthatothers On” sectionsolel not tocensorentriesinthe“Wants toPass the Stevenson HighSchoolyearbook staff withtheschool;instruct yearbook onfile inthecopiesof2001 original entry has ag alawsuit. out theneedtofile The district were able tonegotiate asettlementwith- y cametothe ACLU forhelp. Abbe In pre The vice trainingandadvicetoschool xpression, yet censoredastudent’s reed toplaceastick ” Abbey’s thoughts. At thatpoint, ind offensive; provide continued ACLU andtheschooldistrict y andherparentsw vious y orld pr ears, students’ y becausethey contain emier as religiousin er with Abbey’s or “ ere ne lish theentr e in entries in Anna v er told y T-SHIRT FOR WEARINGANARCHY STUDENT’S SUSPENSION SCHOOL REVERSES Steinber Michig fostered, notsilenced,” said ACLU of ronment where freeexchange ofideasis So that’s what hedid. him torepor Ba After con City students. the Constitutiondoesnotapply toBay himthat self, oneadministratorinformed First Amendment righttoexpress him- sweatshirt hewas wearing. insisting thathetak Einstein eitherwithsuspensionsorb with an anti-warshirt quotefrom Albert upside-down American flagsandasweat- prohibited Tim fromwearing peacesigns, ing at-shir pended on daysApril 7forfive forwear- Bay CityCentralHighSchool,was sus- LAST APRIL,TIMOTHY GIES, Timothy Gies y CitySchoolshaschangeditsmind. “Public schoolsshouldcreateanenvi- When Tim contendedthathehada School administratorshadpreviously an Legal DirectorMichaelJ. g. “Itisunconstitutionalfor versations withthe ACLU, the t withananarchy symbol. t theincidentto ACLU. Another mockingly told e off or thet-shirt a seniorat y because they disagree withthoseviews.”because they disagree expression oftheirpoliticalviews simply tocensorastudent’sschool officials ideas withoutbeingpunished. ne ing inJune,I’ a hardoneandeven thoughI’mgraduat- f people andideas, be exposed toadiverse cross-sectionof prepare studentsforthefuture,they must clothing. wear otherpoliticalsymbolsontheir toallowtration hasagreed studentsto re pline w ther threateningnordisruptive, thedisci- wasin writingthatbecausetheshirt nei- speech rights. agreed The schoolfinally the suspensionviolatedstudent’s free ser appeal tothedistrict’ ight forourrighttofreeexpression was versing Tim’s suspension,theadminis- xt year’s classwillbeable toshare vices, Marty Gottesman,arguing that vices, Marty The “I believe thatinordertoadequately ould besetaside.Inadditionto ACLU represented Tim inan ll resteasyknowing that ” said Tim Gies.“The s directorofstudent ”

ACLU CHALLENGES MASS SEARCH POLICY IN DETROIT PUBLIC SCHOOLS

The ACLU held a news conference on were physically searched. They were then June 10 to announce a challenge to a pol- taken to the school auditorium and not icy that has allowed the Detroit Police allowed to leave until the entire search was Department and the Detroit Public Schools concluded about one and one half hours to conduct mass searches of middle and later. high school students. Some students questioned the police “These searches are not based on any officers’ right to search, but were quickly individualized suspicion of criminal behav- silenced when an officer told them to ior,” said Kary Moss, ACLU of Michigan “shut up” or they would be arrested. “My Executive Director. “Before you treat grandson was scared,” said Sharon Kelso, someone like a criminal, you have to sus- a plaintiff in the lawsuit. “I’ve raised him pect that they’ve committed a crime.” to be respectful, but he was treated disre- As a result of a Detroit School Board spectfully. What really bothers me is that policy that allows periodic “sweeps” with- I dropped him off to get an education, out notice in Detroit intermediate and high and instead he missed two hours of class- schools, the entire student body of Detroit’s room instruction only to be treated like Mumford High School was subjected to a a prisoner.” physical search on February 18, 2004. The The unlawful sweeps were planned and search included a pat-down of the students, scheduled in advance and therefore not Fred Wells, Mumford student; Sharon Kelso, parent; and Amos Williams, attorney. and inspection of the contents their pock- based on reasonable suspicion or probable ets, purses and school bags. cause to believe that any particular student including Murray Wright High School and search with no particular or individualized Metal detectors are always operational or group of students had committed or was Pershing High School. suspicion turned this schoolhouse into a at the school’s entrance, but were moved to about to commit a crime or violated the law Amos Williams, the ACLU cooperating jailhouse.” the back hall on that day. Instead, students in any way. No guns or drugs were found attorney handling the case, likened this were ushered into the school, lined up at Mumford High. practice to a police raid with no warning or Read the complaint on the against the walls, and, under the close According to information given to the warrant. “As a retired police lieutenant ACLU website at: supervision of Detroit Police and the ACLU, it is believed that at least two other with 17 years of experience with the http://www.aclumich.org/pdf/briefs/ School Board’s Public Safety Officers, high schools were searched in the same Detroit Police Department, I know what’s mumfordcomplaint.pdf marched to the end of the hall where they manner and pursuant to the same policy, right and what’s wrong in a search. A

ACLU OF MICHIGAN LAUNCHES MILDRED MCWILLIAMS “MILLIE” JEFFREY 7 PROJECT TO INVESTIGATE LIFE (1910-2004)

WITHOUT PAROLE SENTENCES The ACLU lost a dear friend 2004 FOR JUVENILES and long-time supporter when Mildred McWilliams Jeffrey, UMMER

THE AMERICAN CIVIL LIBERTIES UNION occurred when they were sixteen years social justice activist, retired S of Michigan has been awarded a grant of old or younger,” said Project Director UAW Director of the Consumer $100,000 by the JEHT Foundation to Labelle. “Two-thirds of those have been form the Juvenile Life Without Parole sentenced since 1990 and over 70% of Affairs Department and a Initiative to investigate the issues sur- these children are African-American.” Governor Emerita of Wayne rounding the growing number of children In Michigan and many other states State University, died on March sentenced to life sentences without the juveniles can be transferred to adult 24 at the age of 93. possibility of parole. Attorney Deborah courts and sentenced to a life without any Labelle will be the Project Director. chance of parole no matter what their age Millie served as a role model “Life sentencing for juveniles is a or consideration of the circumstances of heartbreaking issue and there is a real their offense. Recent research casts for countless women and men need to examine the impact these sen- doubts on the cognitive capacity of ado- in the labor, civil rights, lescents and teens raising serious ques- tences have on our communities, state women’s rights, and peace agencies and families,” said ACLU of tions about juveniles’ ability to Michigan Executive Director Kary Moss. understand criminal consequences for movements. In 2000, President “We are extremely fortunate to have their actions, and their ability to under- William Clinton awarded her Deborah Labelle, a nationally recognized stand the judicial system or cooperate in the Medal of Freedom, the expert on this issue, as our director of this their own defense. initiative.” Currently there is no national census highest civilian award The imposition of life without parole of the number of youth serving life sen- bestowed by the United States on minor children is explicitly prohibited tences without possibility of parole. government. by the International Convention on the However, sweeping changes to state laws Rights of the Child, which was ratified by in the 1990s have made it easier to try Millie was inducted into the President Clinton in 2000, and is widely juveniles as adults and subject them to Michigan Women’s Hall of Fame and was an original board member considered a violation of international “natural life” sentences. law and fundamental human rights. In addition to the prevalence of these of the Michigan Women’s Foundation. She served in various leader- Despite this, Michigan, and forty other sentences, the report will also address ship roles in a wide-variety of national and state organizations states, permit these sentences to be issues of race, gender and economic dis- including the American Civil Liberties Union (ACLU). imposed on juveniles. Michigan is one of parities in reviewing whether there are thirteen states that have no lower age limit inequities within the sentencing of juve- In the invitation to the June 26 celebration of Millie’s life, Governor for life sentences without possibility of niles to life without parole. There will be parole. an emphasis on looking at alternative Jennifer Granholm perhaps described her best. “Millie’s tiny stature “We know that in Michigan, there are ways of viewing and responding to the and quiet, humble gentleness belied a powerful force that truly problems of these sentences. 150 individuals serving “life without changed our world. When scientists refer to the butterfly effect–the parole” sentences for offenses that notion that the smallest, imperceptible change in one corner of the world can eventually result in history-changing events someplace justice else–I know that they must be referring to Millie...Millie Jeffrey was EQUALITY our butterfly. She whipped up change in countless corners of our world human dignity and helped write entire chapters in the story of our nation and our tolerance state.” The JEHT Foundation was established in April 2000 to support its donors’ interests in human rights, social justice and Millie was a notable presence at every ACLU event–she will be community building. The name JEHT stands for the core values that sorely missed. underlie the Foundation’s mission: Justice, Equality, Human Dignity and Tolerance.

lating the Free Exercise Clause of the First Amendment. This package of legis- lation was prompted by a Michigan case FROM THE CAPITOL remarkably similar to Locke where a stu- dent was denied a state funded scholar- ship to pursue a degree in theology or divinity. Michigan’s constitution, like SHELLI WEISBERG Washington’s, prohibits using state funds for religious training. The bills passed the Senate before the Supreme Court issued their decision supporting our argument that the legislation is unconstitutional in s summer neared, the Michigan. By working with friendly leg- islators, we helped craft amendments to legislature was busy clearing remedy the unconstitutional provisions of the bills. The amendments were spon- calendars, moving languishing sored by term-limited Republican A Representative Charlie LaSata (Benton bills and making the cuts necessary Harbor) and actively supported by the Governor’s office. to present a balanced budget. DEATH PENALTY The ACLU of Michigan spoke out against a proposed constitutional amendment to WITH THREATS that they could be REPRODUCTIVE FREEDOM The ACLU of Michigan continues to reinstate the death penalty in Michigan. scheduled to convene through July, House In the wake of this legislative session, work with a coalition in opposition to HJR W, introduced by Representative members shifted budget negotiations into however, the ACLU of Michigan is legislation designed to broaden refusal Larry Julian (R-Lennon), failed to get the high gear in order to get back to their preparing to file a challenge to an anti- clauses in the medical field. The legisla- required votes for it to be placed on the districts for the intense summer campaign choice law called “The Legal Birth tion, which passed the House and will be ballot for a vote by Michigan citizens. season. Definition Act.” The Act was originally voted on in the Senate this fall, allows Michigan was the first state in the Over 400 candidates have filed for the proposed as Senate Bill 395 and was individuals, facilities and insurance plans union to ban the death penalty when it House of Representatives’ August 3 pri- vetoed by the Governor last October. In (including HMOs) to refuse to provide eliminated capital punishment in 1846 mary race. As we have in past years, the her letter to the Michigan Senate, services based on “religious, moral or after an innocent man had been hanged. ACLU of Michigan sent a written survey Governor Granholm stated that she ethical” objections. In addition to threat- The ban became part of Michigan’s to each candidate. The survey questions, vetoed the bill because the courts have ening reproductive health care options for Constitution in 1963. along with their responses, are published repeatedly declared such efforts uncon- women, a consequence of this legislation Michigan currently has “life without in a supplement to this newsletter. (See stitutional and that “Senate Bill 395 does is that it may allow discrimination based parole” eliminating the fear that someone Voter Guide insert.) Because the ACLU is not remedy deficiencies identified by the on sexual preference because there is no convicted of murder could be released. As 8 a non-partisan organization, the voter courts.” On June 9, the House and Senate protection for sexual orientation under of December 2003, 113 inmates around guide should not be considered an voted to enact this legislation following a the Elliott-Larson Civil Rights Act. the nation have been found innocent and endorsement of any candidate. But, it is citizens’ initiative advanced by Right to With help from the broader LGBT com- released from death row. More than half meant to help our members gauge each Life. A law enacted in this manner is not munity and our pro-choice friends, we of these people have been released in the candidate’s commitment to civil liberties. subject to a gubernatorial veto. have been successful in making our leg- last 10 years. For every eight people exe- 2004 islators aware of the danger this legisla- cuted, one has been exonerated. The vast tion poses in obtaining comprehensive majority of those exonerated were found healthcare. We look forward to working innocent because someone came forward

UMMER with the Senate to make necessary to confess committing the crime, key wit- S changes to the bills. ness testimony was found to be illegiti- The ACLU of Michigan was well rep- mate, or new evidence was found to resented in Washington D.C. for the support innocence. March for Women’s Lives on April 25th. There is currently a statewide petition Although there were clearly over one mil- drive underway to place the issue on the lion participants at the March, Michigan November ballot, but it appears doubtful ACLU members managed to find each that the proponents of this constitutional other on the mall to march as a contin- amendment will get a sufficient number gent. The crowd of men and women was of signatures. inspiring, representing every age, race If you have doubts that the primary and walk of life. Most impressive was the election is worth your time, think about large percentage of youth in attendance. this–in many districts, the primary elec- Like the two previous attempts by the ACLU of Michigan was well-represented at the The event was truly exciting and the tion determines the winner of the general legislature to ban legal and safe abortions ACLU had a huge presence. March for Women’s Lives, Washington, DC, April 25. election. If you want to see a change in in Michigan, this newest effort is uncon- CHURCH AND STATE Lansing, the primary election is often the stitutionally overbroad and vague and We had a substantial victory on the most important contest. Your vote can does not contain a sufficient health church/state front in securing amend- determine the direction of the general exception, which has been repeatedly ments to a series of bills that would have election–including which issues will be required by the U. S. Supreme Court. allowed taxpayer-funded scholarships and debated and which constituents will have Additionally, 28 doctors and nurses from grants to be used for religious curriculum the most powerful influence. It is critically the University of Michigan Health in higher education. The U.S. Supreme important to cast your vote in August. Use System stated that the act “misstates Court ruled in Locke v. Davey that States the ACLU Voter Guide to help you evalu- medical fact and could adversely impact could withhold scholarship money for the ate the primary candidates and bring the medical management of birth.” purpose of religious training without vio- three friends to the polls with you!

PUSH FOR ANTI-CIVIL RIGHTS he ACLU of Michigan is a powerful voice in the AMENDMENT STALLED legislature because of our passionate and Affirmative action is safe - at least for the time Tarticulate members. We can harness even being. Supporters of the ill-named Michigan Civil greater strength by working together as part of a finely Rights Initiative (MCRI) announced that they have tuned Grassroots Legislative Network. If you haven’t stopped their effort to put the issue on the fall 2004 general election ballot, but will continue to already done so, sign up at www.aclumich.org to receive collect signatures through the fall to qualify for Action Alerts on breaking legislative issues. Talk to your the 2006 general election ballot. legislators, in their districts and in Lansing. If you’re Headed by California businessman, Ward Connerly, interested in becoming more active in the Network, MCRI hopes to ban state affirmative action policies please contact me at [email protected]. with a new constitutional amendment.

ACLU REACHES AGREEMENT WITH WHEN CHILDREN GO TO SCHOOL MICHIGAN SCHOOL AFTER BLACK STUDENT THEY SHOULD NOT HAVE TO FEAR IS ATTACKED IN “KKK GAME” THAT THEY WILL acts will not happen again.” Tryons believed to be a hostile environ- BE BEATEN UP The ACLU complaint, ment for students of color at the Bullock BECAUSE OF THE filed with the Michigan Creek Schools. Department of Civil Rights “Although we found the incident last COLOR OF THEIR (MDCR) against the Bullock spring to be deplorable, we have been Creek School District in mid- encouraged by the school community’s SKIN. Michigan, has been voluntar- serious and intelligent response to these ily dismissed after district actions,” said David Chapin, • GRANTS. The district has applied for officials agreed to adopt a Superintendent of Schools. “It is clear the and received a grant from the Dow much-needed comprehensive Bullock Creek students, staff and com- Chemical Foundation to help fund the plan to address racism. munity will not tolerate these behaviors. district’s work. Kyron Tryon was an We are grateful we are able to work in “We pray that the diversity training eighth-grader at Bullock conjunction with the Tryon family in cre- will make kids think twice before hurting Creek Middle School near ating a positive school culture in Bullock and dehumanizing other kids the way Midland, Michigan in May Creek.” they hurt and dehumanized my son,” said 2003 when seven white boys The school is undertaking the follow- Kyron’s mother, Joyce Tryon. “When grabbed him during recess on ing actions: children go to school they should not the school playground. • DIVERSITY TRAINING. The district has have to fear that they will be beaten up According to Kyron, the boys contracted with the Bridge Center for because of the color of their skin. The rea- picked him up off the ground Racial Harmony to develop a compre- son we filed the civil rights complaint and chanted “KKK” while hensive plan for implementing diversity was not to recover money, but to bring one of them whipped him training within the district for students, about change.” with a belt. The boys then teachers and administrators. The Bridge Kary Moss, Executive Director of the threw Kyron on the ground Center has implemented similar pro- ACLU of Michigan, said she hoped that and began kicking him. The AS THE COUNTRY FOCUSED on the 50th grams in Michigan, including one in other school districts will emulate what attack did not stop until the bell rang, sig- anniversary of Brown v. Board of Saginaw. Bullock Creek is doing to respond to dis- naling the end of recess. When the white Education, the landmark case that ended • MARTIN LUTHER KING DAY. The dis- crimination on campus. “As we look back students were questioned about the inci- government-imposed segregation in pub- trict will plan symposiums on Martin at the history of desegregation, Kyron’s dent, they described it as “just a game of lic schools, the American Civil Liberties Luther King Day in which students will experience illustrates how far we still 9 KKK.” Union of Michigan reached a settlement have the opportunity to learn about dif- have to go in combating racism.” Kyron and his older siblings were vic- in May with the Bullock Creek School ferent races and ethnicities, as well as Although more comprehensive diver- timized by racial harassment several District near Midland on behalf of an learning to understand and tolerate dif- sity training will begin next fall at times at school, the ACLU said. Prior to African American student who was the ferences. Bullock Creek, it is not soon enough for the playground incident, Kyron, the only 2004 victim of racial harassment and attacked fifteen-year-old Kyron. He has already African American in his grade, was told • DIVERSITY STEERING COMMITTEE. by white students in a so-called “game of decided to attend high school in a differ- by his white peers to “go back to Africa.” The district is developing a steering com- KKK.” ent school district next year. They also called him a “porch monkey” mittee to oversee and develop the diver-

“I just want the nightmare to be over UMMER The settlement was the result of nego- sity training, MLK Day, Black History and threatened him because he is black. S tiations that began last summer. “It is dis- and to go back to being a teenager,” said Unsatisfied with the way the school month and other race-related issues. The turbing that African American students Kyron. “If what I experienced somehow district initially responded to the “KKK” committee will include Kyron’s parents, still face such shocking racism in school ends up helping someone else, I will be incident, Kyron’s parents contacted the as well as representatives from the student 50 years after Brown v. Board of happy.” ACLU and then filed a complaint with body, teaching staff, administrative team, Education,” said Michael J. Steinberg, Michael J. Steinberg handled the case the MDCR. Over the past year, the school Board of Education, Michigan Legal Director of the ACLU of Michigan. with the assistance of two ACLU law district, the ACLU and the Tryons met Department of Civil Rights, Dow “We are heartened, however, by the sin- interns, Dan Scripps and Tiffani Smith. with an MDCR mediator and jointly Chemical Company and the West cere efforts of the school district to begin developed a plan to address what the Midland Family Center. to create an atmosphere in which such

COURT RULES CITIZENS HAVE RIGHT TO CRITICIZE POLICE SLAPP SUIT THROWN OUT

AFTER EIGHT YEARS of a court struggle, Dr. Mach was shaken by the intimi- “I believe that the ultimate purpose of financially burdensome experience. The the Michigan Court of Appeals ruled in dating and threatening manner in which this lawsuit was to intimidate me and Michigan Legislature should act to help April that a citizen has the right to express he was treated. He wrote a letter to the other citizens from reporting police mis- protect Michigan citizens from these an opinion about a police officer’s ability police chief and sent copies to other offi- conduct,” said Dr. Mach. “Despite the sorts of onerous lawsuits.” to perform his duties without fearing cials about the encounter. He stated in the stress and expense of this lawsuit, I The ACLU has been advocating for retaliation. The citizen, Richard Mach, letter that, as a psychologist, he believed refused to succumb to their transparent state legislation to deter what is known as was represented by the American Civil Officer Allen was a danger both to the attempt to threaten my First Amendment “SLAPP suits” or “strategic lawsuits Liberties Union of Michigan. community at large and to himself. He rights to dissent. I urge all citizens in like against public participation.” The laws “Whenever there is abuse by govern- further said that Officer Allen should be circumstances to assert their right to provide for expedited dismissal of ment officials, citizens should be encour- taken off street duty until a counselor freely speak their minds about any per- SLAPP suits when the purpose of the suit aged to report it,” said Michael J. found him fit to return to duty. ceived governmental abuse.” is to stifle free speech and make the plain- Steinberg, ACLU of Michigan Legal Officer Allen was never disciplined by “Dr. Mach had to fight for over eight tiff liable for the defendant’s attorneys’ Director. “This decision assures victims the Flint Police Department for the inci- years to be free of this lawsuit,” said fees in those cases. Several states already of police misconduct that they may report dent, but filed a lawsuit against Dr. Mach Daniel Quick, the ACLU volunteer attor- have Anti-SLAPP laws on the books. bad cops without fear of being penalized for slander which the Genesee County ney who handled the appeal. “While his for expressing their views.” Circuit Court dismissed. Officer Allen constitutional rights to free speech have In 1995, psychologist Richard Mach appealed. been vindicated, people should not have drove down a Flint street when he came In an opinion issued April 27, a unan- to go through this emotionally painful and upon an accident scene. Seeing the imous 3-judge panel of the Michigan blocked lanes, Dr. Mach drove up next to Court of Appeals held that Dr. Mach a police car to ask the officer for instruc- could not be liable for expressing his per- tions on how to proceed through the area. sonal impression of Officer Allen: “[A] To read the ACLU brief on appeal, According to Dr. Mach, Flint Police review of defendant’s statements indicates Officer Daniel Allen stormed out of the that defendant expressed opinions about go to http://www.aclumich.org/modules.php?name=Sections&op=viewarticle&artid=110 patrol car and began angrily shouting in plaintiff, and that his comments an aggressive manner. Officer Allen then amounted to subjective assertions” that To read the Court of Appeals opinion, go to issued Mach a ticket for ignoring a police cannot serve as a basis for a slander law- barricade and threatened to arrest him if suit. http://www.aclumich.org/modules.php?name=Sections&op=viewarticle&artid=111 he did not leave in three seconds.

CELEBRATING A LEGACY MEMBERS, YOUR OF GIVING VOTE IS NEEDED ON JUNE 28TH WE HONORED our a small amount each year to support our DeSilver Society members with a recep- general program. tion at the Townsend Hotel in Many of our bequest gifts have been Birmingham. Of course we appreciate all from long-time supporters of the ACLU of our donors–those who support us by of Michigan. Sometimes, very interest- AT-LARGE NOMINEES TO giving to our annual gift campaigns, buy- ingly, we receive gifts from people we ing tickets and tables at our annual dinner, never knew. Either way, we appreciate the STATE BOARD OF DIRECTORS giving monthly gifts via their credit cards forethought, planning, and sacrifice that or gifts in honor or memory of friends and goes into every planned gift. We feel hon- loved ones. But there is something very ored and grateful to be connected to what THE STATE BOARD OF DIRECTORS is defense litigation as Assistant unique and special about those donors is essentially our donors’ legacy. comprised of delegates elected by each of Corporation Counsel in the City of who make the ultimate philanthropic gift Planned gift donors come from all our nine branches. Each branch receives Detroit Law Department’s litigation sec- – the planned gift. walks of life and gifts are many different a designated number of seats based upon tion. In 1995 he became an Assistant sizes and inside many different gift vehi- the membership within their geographical Prosecuting Attorney for Wayne County, We honor and thank those whose most cles. Last year we received our largest region, for a total of 50 seats. during which time he prosecuted criminal important life plans include the ACLU of In 2002, the State Board created an cases in the trial division, the juvenile Michigan. Our DeSilver Society donors estate gift so far of $1.2 million through additional category of “at-large” board division and the prosecutor’s auto theft have included us in their plans in a vari- a trust. Already this year, we have notice members to improve board diversity. unit. ety of ways, all leading to one incredible of another forthcoming gift of $20,000 These delegates are nominated by the In 2001 Shawn was appointed as an outcome–the sustained life and stability from a donor who never gave to the state board and elected by the entire Assistant United States Attorney and of the ACLU of Michigan for generations ACLU during her life, but so appreciated ACLU membership. prosecuted federal firearm and controlled to come. When they include us in their the work done by her friends on the With a recent board reorganization, substance violations for the general Wills or Living Trusts as beneficiaries or ACLU of Michigan board that she gave the number of at-large seats now com- crimes unit. He has served as an at-large name us as beneficiaries to a Charitable the gift in their honor. Thank you to all prises 5 seats which is 10% of the total delegate since 2003. Remainder Trust or Life Insurance policy, who have given and to all of those family number of state delegates to serve three RUBINA S. MUSTAFA, DETROIT or support us through a Pooled Income members, attorneys, and estate adminis- year terms beginning in 2004. The fol- Rubina is a staff attorney with the Fund or Gift Annuity they tell us they trators who help facilitate the gifts and lowing 6 people have been nominated to State Appellate Defenders Office, repre- deeply care about the work we do now present them to us. fill the 5 at-large positions: (Vote for up senting indigent criminal defendants on and the work we will do years from now. If you are interested in learning more to 5.) appeal from their trial and plea-based In order to enhance our financial sta- about how to include the ACLU of MO ABDORABOH, DEARBORN convictions. She is a graduate of the bility, the ACLU of Michigan set up a spe- Michigan in your estate plans, please con- Mo is an attorney in private practice in University of Chicago (1988) and Detroit cial endowment in the mid 1980s to be tact your attorney or financial planner or 10 Dearborn. He is a member of the College of Law (1994). Ms. Mustafa funded solely through bequests. Because call us to discuss options and opportuni- Michigan Department of Civil Rights worked at Dykema Gossett after gradua- of the many planned gifts that we have ties. Planned and estate gifts are not only Board of Commissioners. He has been tion and later clerked for the Honorable received, that endowment is now valued at of tremendous benefit to us, they are gifts active with the ACLU and the Arab Anti- Robert P. Young, Jr. during his tenure on over $1.2 million. In addition, we have that often provide unique tax benefits as Discrimination Committee (ADC). The the Michigan Court of Appeals. sent at least $800,000 to our national part of your overall financial plan.

2004 ADC recently named him Pro Bono Ms. Mustafa has a background in office with whom we share these gifts. We Attorney of the Year. He has served as an social work with Catholic Social Services manage these funds wisely and take only at-large delegate since 2002. of Wayne County. Ms. Mustafa currently serves as a Director-at-Large for the UMMER EVA GARZA DEWAELSCHE, DETROIT board of the Woman Lawyers’ CREATE A LEGACY OF LIBERTY: S Eva is President of SER Metro Detroit, Association. She has served as an at- a workforce development, non-profit large delegate since 2002. SUPPORT THE organization. She is the former Executive Director of LA SED, a large social SHARON ROEPKE, KALAMAZOO AMERICAN CIVIL LIBERTIES UNION FOUNDATION service agency serving the Hispanic Sharon is the Executive Director of the community in Southwest Detroit. She is Resource Center, agency for LGBT com- Nearly four generations ago, a handful of Americans established the munity. She has served as an at-large del- American Civil Liberties Union, in the conviction that patriotism co-chair of ALPACT, a statewide coali- requires a vigilant defense of the Bill of Rights. tion of civil rights organizations and law egate since 2002. Today, more that 330,000 individuals support that purpose enforcement agencies working on social ANNETTE E. SKINNER, LANSING justice issues. She has served as an through their membership in the ACLU. Annette is an attorney in private prac- at-large delegate since 2002. But as Albert DeSilver, one of the founders, realized long ago, tice who specializes in disability law. She it takes more than inspired leaders and mailing lists SHAWN K. JACQUE, OAKLAND is former president of the Stonewall Bar to sustain a vision through decades of war, Shawn is Senior Counsel for the Association and former Commissioner of crises and inconceivable change. Detroit Diesel Corporation. He is a grad- the State Bar’s Open Justice Commission. It takes a commitment to the future defense of civil liberties uate of the University of Michigan She has co-authored and edited several far beyond your own lifetime. (1989) and received his J.D. from the manuals for people with disabilities and DeSilver (1988-1924) was the first person to leave the ACLU State University of New York at Buffalo advocates about legal rights related to a financial legacy upon his death. Law School (1992). He started in civil lit- HIV. She has served as an at-large dele- Today, more than 1,700 have joined him by including igation with Edwards & Jennings, P.C., a gate since July 2002. the ACLU Foundation in a bequest, retirement plan, plaintiffs lawfirm and went on to practice beneficiary designation or other legacy gift. Members of the DeSilver Society, as this special group of supporters is known, discover that they can make substantially larger gifts VOTE FOR UP TO FIVE OF THE FOLLOWING: than they ever thought possible, while taking steps to secure the J J Bill of Rights for future generations. MO ABDORABOH EVA GARZA DEWAELSCHE There are tax and financial benefits to legacy gifts. J SHAWN K. JACQUE J RUBINA S. MUSTAFA You may choose from a number of options to find a planned giving arrangement best suited to your wishes and individual financial situation. J SHARON ROEPKE J ANNETTE E. SKINNER You may even establish a gift that provides you or your loved ones with income for life, or for a term of years.

Please return the completed ballot to: To learn more about becoming a member of the DeSilver Society and the many tax and financial benefits of making a legacy gift to the ACLU of Michigan ACLU Foundation, please contact: 60 W. Hancock ACLU of Michigan Detroit, MI 48201-1324 60 W. Hancock Detroit, MI 48201 (313) 578-6815

f you are an employee of the State of Michigan, please contribute to us during the upcoming State Employees’ Combined Campaign. Our IDesignation Code is 7501. Your tax deductible payroll deduction will support the programs of the ACLU Fund of Michigan. ACLU of Michigan • 60 W. Hancock Detroit, MI 48201 • (313) 578-6815

ACLU OF MICHIGAN BRANCH BOARD MEMBERS

The ACLU of Michigan has nine branches across the state comprised of volunteers, each with its own board of directors.* Branch board members work very hard on local issues and are the back bone of our organization. Listed below are the women and men who are often the first point of contact for many people who need the ACLU. To contact a branch in your area, go to www.aclumich.org and click on the Michigan mitten for contact information. *Branches recently held local elections. We hope that the information provided here is accurately reflected. DETROIT WESTERN FLINT NORTHWEST OAKLAND Susan Titus, President Peter Armstrong, President Greg Gibbs, President Steve Morse, President Norris Lee, President Ken Ayouby Miriam Jane Aukerman Carol Bekofske Paul I. Bare Shareef Akeel Penny Beardslee Charles Bearden Orene Bryant Kristen Campbell Gerry Barclay Heather Bendure Lana Boldi Elizabeth W. Downie James D. Gamble Jerry Bayer Sheila Cummings Gary Gershon Greg Fiedler Alice Hansen Steven Cozart Linda Darga Robert Goodrich Harold Ford Deborah Lynn-Rysso Barbara DeMarco Benjamin H. Davis Jim Grant Mark Jurazel Lizbeth Messing Richard Frank David Elsila Mary Grant Olof Karlstrom Roger Muldavin Donald Gasiorek Mimi Gendreau Gail Harrison Glenn Simmington Matthew Posner John Grenke Leonard L. Grossman Robert Jaehnig Audrey Stephens Albert T. Quick Terry Hall Millie Hall Dirk Koning Doris Suciu Deanna Rosser Kristie Killough-Ali Nathan Head Earle Irwin Richard Sanderson Jan Leventer Mimi Helveston Thomas Logan LANSING John Shields Micki Levin Terry Howcott Kate Lynnes Carolyn Koenig, President Lee Ann Sterling C.J. Peters Alan Kaufman Imelda Martinez Frederick M. Baker Alan G. Thompson Pravina Ramanathan Von D. Logan Syed Naqvi William B. Caste Christine Rosenbalm James M. Maceroni Michael Nelson Ted DeLeon SOUTHWEST Tom Schram Reginald McGhee M.C. Porter Joe Finkbeiner James Rodbard, President Elaine Schuster Marianne Y. McGuire Juan Salazar Bill “Fleener, Jr.” Hugh V. Anderson Rozanne Sedler Jeffrey Montgomery Jeffrey Seaver William Flory Ariel Anderson Elsa Shartsis Harold Norris Jeff Smith Alan Fox Finchem Ben Bob Shecter Eugene V. Perrin Sarah A. Smith John Gear Donald J. Brown Lynn Shecter Bob Pettapiece Gregg Stuart Heidi Hagen Don Brown Dan Steinhardt Saura James Sahu Jerry Subar Paulette Hatchett Lipson Daniel Robert L. “Willis, Jr.” 11 Gary Sarto Carla Vissers Stacy Hickox Sean Duross Cherilyn Ross-Blair Ethel Schwartz Lee Nelson Weber Lynn Jondahl Hannelore Z. Eck Martin Seldon Bob Kennon Kish Entice CENTRAL Ralph Simpson WASHTENAW Megan Lozen John Fisher David Smith, President

Kim Stroud David Santacroce, President Michelle Lyons Leigh Ford Larry Bartkowiak 2004 Donald Unis Kristine Abouzahr Steve Manchester Mikell Griffith Maqsood Choudary Steven Walker Leslie Desmond Lynne Martinez Carl Jordan Kristine Danowski Jacquelin Washington Alvia Golden Theresa Melendez Peter Kobrak Robyn D’Reaux UMMER

Yvonne Willaims-Houilles Nazih Hassan Mary Pollock Ashlyn Kuersten Anthony Kozubal S Natalie Holbrook Paul Pratt Ali Labib Dierdra Knox Martha Jones Mark E. Rilling Jerry McNeely Dick Maltby Lander McLoyd Henry Silverman Nelmes Sue Jim Mentele Mudhillun MuQaribu Chris Swope Robert Walker Ritchey Newman Carmelita Mullins Joe Tuchinsky Foaud Zeaiter Lolita Pfeifer Mary Rave James VandeBunte John Scalise Tom Root Erick Williams Martin Shackelford Gayle Rosen Art Smith Doug Smith Dick VonKorff Naomi Woloshin

On the opening night of Michael Moore’s new film, Fahrenheit 911, the ACLU made its presence felt in theaters across Michigan. Close to 30 volunteers in 6 cities distributed ACLU literature and membership applications. Over 1000 A VOICE OF SUPPORT brochures were given out in Kalamazoo, Flint, Ann Arbor, Royal Oak, Southfield and Dearborn – in some cases they were literally grabbed off FOR THE ACLU tables following the film. Moore’s film was in danger of not being released This letter to the editor appeared in the Detroit Free Press, May 16, 2004 due to the controversial issues that it raises, including the USA PATRIOT Act and other post 9/11 executive orders and policies. Right on, ACLU!

When Stevenson High School in Sterling Heights sought to censor a student’s Bible verse for the yearbook, high schooler Abbey Moler knew enough to turn to the American Civil Liberties Union.

Yet the Free Press opined in its May 12 article (“ACLU gets Bible verse back in local yearbook”) that the ACLU was among “unexpected sources” for help in her defense. Likewise, when the ACLU filed a brief helping Rush Limbaugh protect the privacy of his medical records, the news media acted surprised.

But both of those cases were quintessential ACLU. Its mission has nothing to do with taking a liberal or conservative stance on individual issues such as religion or pornography. Its only mission is to defend civil liberties wherever and when- ever it can. In the process, it lets the chips fall left or right as they may.

The Bible verse Abbey Moler chose was perfect for a yearbook. Thanks to the ACLU for helping her stand up to those who would censor it.

Wesley Eric Nichols Garden City

DON’T MISS THIS!

November 20, 2004

The ACLU of Michigan Annual Dinner At The Henry Ford Museum

Keynote Speaker: Governor Howard Dean Watch for more information on the ACLU website at www.aclumich.org or call 313-578-6815

GIVE A GIFT OF MEMBERSHIP! J Yes, I want to become an ACLU member by making a gift of: J $20 Individual J $30 Joint J $35 Contributing J $75 Supporting J $125 Sustaining J $5 Limited income/student

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