AMERICAN CIVIL LIBERTIES UNION OF WE THE ACLUNews PEOPLE SPRING/SUMMER 2017 ACLU WINS $212K RACIAL PROFILING SETTLEMENT IN COLORADO SPRINGS he ACLU of Colorado cooperative, had no weapons, Twon a landmark $212,000 and there was no evidence racial profiling settlement for to suggest that he had been Ryan and Benjamin Brown, involved in a crime. who were pulled over because of their race, handcuffed, Ryan Brown then began searched, and detained at recording the scene on his gun point and taser point in phone. His repeated requests Colorado Springs, without for the officers to identify legal justification. the reason for the stop were ignored. Officers worked Ryan Brown posted a video together to force him out of the of the 2015 stop online, car, push him to the ground, where it has been viewed face down in the snow, search, more than 175,000 times. and cuff him, all while at Along with monetary gunpoint. Officers grabbed his compensation, the Colorado phone, stopped the recording, Springs Police Department and threw it in the snow. agreed to make several revisions to its policies on Brown filed a complaint with stops, searches, and record- Colorado Springs Police follow- ing officers. ing the incident. He received a brief boilerplate letter inform- “The racial profiling that ing him that the Department Ryan and his brother endured “I knew that what happened to had conducted a “complete and is all too common for young my brother and me was wrong, thorough” investigation into men of color,” said ACLU of and that I needed to speak up.” the incident and concluded Colorado Legal Director Mark that the officers’ conduct was Silverstein. “The difference –Ryan Brown “justified, legal, and proper.” in this case was that Ryan preserved video evidence of the officers’ aggressive escalation In October 2016, the ACLU of Colorado filed a lawsuit in federal and heavy-handed use of force. Although the police department court, which began nearly six months of negotiation around policy initially refused to acknowledge any wrongdoing, city officials ulti- changes and compensation. mately did the right thing by agreeing to fair compensation.” “I knew that what happened to my brother and me was wrong, In March 2015, Ryan and Benjamin Brown were driving just a and that I needed to speak up,” said Ryan Brown. “I am grateful block away from their home in a predominantly white neighbor- to the ACLU of Colorado for holding the police accountable, for hood when they were pulled over by Colorado Springs police. standing up for our rights, and for winning policy changes that will To justify the stop, an officer later claimed that they had been hopefully prevent others from having their rights violated.”  observed driving slowly through “a high crime area,” which is often law enforcement code for “driving while black.” JUSTICE IS WITHIN YOUR REACH A taser-wielding officer ordered Benjamin Brown, the driver, Download the free ACLU Mobile Justice CO out of the car. He was handcuffed, searched without cause, and app on your iPhone or Android device. detained in the back of a police vehicle, even though he had been

IN THIS ISSUE • CIVIL LIBERTIES WIN BIG •CHAMPIONING BOLD REFORM •TAKING REPRODUCTIVE • THE FIGHT FOR AT THE LEGISLATURE OF YOUTH CORRECTIONS RIGHTS ON THE ROAD OUR DEMOCRACY •DEBTOR’S PRISON SETTLEMENT •LEGISLATIVE HIGHLIGHTS •LEGAL ROUND-UP LETTER FROM THE EXECUTIVE DIRECTOR THE FIGHT FOR OUR DEMOCRACY

2017 BILL OF RIGHTS DINNER FOUR SEASONS HOTEL 1111 14TH STREET, DENVER Join us as we celebrate our work to protect civil rights and civil liberties for all and honor our 2017 Civil Rights Award Honorees at the ACLU of Colorado Bill of Rights Dinner. THIS YEAR'S CIVIL RIGHTS AWARD HONOREES Nathan Woodliff-Stanley speaking at the Tax March in Denver's Civic Center Park. March 15, 2017. HAROLD FIELDS he last several months have been in- If you took part in any of these actions or is active in Ttense. The ACLU has been in the spot- protests, I thank you. We know it made a restorative light since the presidential inauguration, difference. justice and racial filing Freedom of Information Act requests reconciliation that same day to investigate Donald Trump’s Because of expanded donor support for projects in Denver conflicts of interest, and bringing a suc- the ACLU, we have been able to add to and around the cessful lawsuit to stop the unconstitutional our legal firepower in Colorado with new nation. He will Muslim ban just a week later. At the ACLU staff attorney Arash Jahanian, and we have receive the Carle of Colorado, we have joined in lawsuits added a public policy fellow and increased Whitehead Memorial Award. against the Trump administration, and we communications capacity. The design are fighting in every way we can to protect improvements in this newsletter and on our SUSAN GREENE Colorado from mass deportations ripping social media channels are just a taste of New is editor and families apart, attempts to crank up the rac- Media Strategist Vanessa Michel’s talent. executive director ist war on drugs and expand mass incarcer- Our work with the emerging People Power of The Colorado ation yet again, and attacks on reproductive project nationwide will continue to grow, Independent, rights, LGBTQ rights, voting rights, privacy, as will our Know Your Rights trainings and a statewide, basic First Amendment rights, and much our mobilization of ACLU activists and vol- nonprofit news more. We have always fought politicians of unteers in communities all across Colorado. site. She will any party who threaten our civil liberties, The most important thing you can do is receive the Larry but we are working now with the sober stay engaged, stay informed, and stay com- Tajiri Media Award. awareness that we are facing challenges to mitted to the fight for our democracy and THE ROCKY the foundations of our democracy unlike the rights of every person in this land for any we have seen before. MOUNTAIN the long haul ahead, through whatever ups IMMIGRANT We have joined in protest with dozens of and downs we may face in these abnormal ADVOCACY partner organizations and thousands of times. Don’t let up, because too much is NETWORK new members and volunteers, marching at stake. Especially now, it is the people (RMIAN) provides and speaking out at the Women’s March, who speak out against abuses of power and free immigration airport protests, the March for Truth, and attacks on our constitutional rights who are legal services many other events. Meanwhile, we had the true patriots of our democracy. to children and adults in one of our most productive sessions in the With your help, the ACLU of Colorado immigration detention. They will Colorado legislature in recent years, includ- will continue to fight for our rights nation- receive the Ralph Carr Award. ing ending the culture of violence in youth wide while protecting civil liberties in Colo- corrections, municipal court reform, and rado no matter what happens anywhere else. new protections against police use of civil Thank you for being a part of the ACLU.  For ticket and  asset forfeiture. These victories were made sponsorship info go to possible by our first-ever Lobby Day and aclu-co.org/events thousands of calls and emails to legislators from our members, supporters, and activists. Nathan Woodliff-Stanley, Executive Director View the 2017 ACLU of Colorado Legislative ACLU AT THE CAPITOL Scorecard at aclu-co.org/at-the-capitol CIVIL LIBERTIES WIN BIG AT THE LEGISLATURE Good policy-making won out over partisan politics—most of the time—as lawmakers passed new legislation extending civil rights and civil liberties in 2017.

he story of the 2017 own recognizance. It passed unanimously in These victories didn’t prevent several Tlegislative session both chambers. legislative attempts to limit women’s access starts with juvenile justice to reproductive care. The House alone saw reform. Earlier this year, the ACLU of HB 1168, another bill supported by ACLU five bills that would have done just that. Colorado, along with other child advo- of Colorado, decriminalized “Driving Under One such bill, predicated on “junk science,” cates, released Bound and Broken, a report Revocation” when a person’s license was would have required doctors to inform documenting the harsh and punitive nature revoked because of an unpaid traffic ticket. women about an “abortion reversal” pill. of Division of Youth Corrections practic- Many license revocations occur simply be- Another would have enacted personhood, es. DYC has for years relied heavily on the cause people cannot afford to pay fines, cre- subjecting anyone performing an abor- use of solitary confinement, a full-body ating a vicious cycle that punishes them for tion to the criminal charge of first-degree straitjacket called the WRAP, pain compli- their poverty. We thank Representative Matt murder. ance techniques, knee strikes, leg irons, and Gray (D-Adams County) and Senator Bob handcuffs to control kids. Gardner (R-Colorado Springs) for spon- Partisan politics also persisted in LGBT soring this legislation, which passed both rights, immigrant rights, and some areas of Relying on the facts presented in Bound chambers with strong bipartisan support. criminal justice reform. For the second year and Broken and other evidence re- in a row, the Senate State Affairs committee vealed through investigative journalism, Much can be and was voted down bills that would limit conver- Representatives (D-Colorado accomplished in 120 days. sion therapy and make it easier to change Springs) and Lois Landgraff (R-Fountain) the gender marker on birth certificates. The sponsored HB 1329—legislation to trans- ACLU’s policy work, of Senate Judiciary Committee refused to ad- form the culture in youth corrections facili- course, continues beyond vance legislation benefiting our immigrant ties. The bill received unanimous support in the legislative session. and refugee communities and rejected a bill the House. In the Senate, where it was spon- that would have repealed the death penalty. sored by Senators Daniel Kagan (D-Cherry Hills) and (R-Durango), it passed with bipartisan support after some Other ACLU-supported bills which passed Much can be and was accomplished procedural acrobatics. with bipartisan support included Campus in 120 days. ACLU’s policy work, of Free Speech and Asset Forfeiture Reform. course, continues beyond the legis- Another focus for the ACLU was the fact Lawmakers also came together to support lative session. The policy team will that many people jailed on minor offens- legislation that requires insurers to cov- continue to persist in advancing es were held for days and even weeks just er a 12-month supply of contraception civil liberties and resist attempts waiting to see a judge because they were for women. Also of great significance, to take us backward. too poor to post bond. HB 1338, a bill the Republican-controlled Senate sponsored by Representative Jeff Bridges voted down a bill that would Denise Maes, Public Policy Director (D-Cherry Creek) and Senator Vickie have mandated ultrasounds Marble (R-Broomfield), requires that mu- and a waiting period nicipal inmates who are not brought before for women a judge within 48 hours (72 hours on the seeking an weekend) are released on their abortion.

LEGISLATIVE HIGHLIGHTS

The ACLU of Colorado won multiple major bipartisan victories for civil liberties in the 2017 Legislative Session.

CIVIL ASSET FORFEITURE REFORM hundreds of calls to convince Governor post bond. The second ensures that people Hickenlooper to sign it. are not jailed for driving under a license that The ACLU of Colorado brought together was revoked only because of a fine that they conservatives, progressives, and libertari- CRIMINAL JUSTICE could not pay. ans in support of a bill reining in civil asset Two new laws passed by the legislature forfeiture, the controversial practice where and supported by the ACLU of Colorado ACCESS TO BIRTH CONTROL police take cash, cars, and even homes will make the criminal justice system more The ACLU of Colorado worked with from people without charging them with a equitable for people living in poverty. The our coalition partners and champions crime. After the legislature advanced the bill first prevents low-level offenders from being to pass a bill requiring insurers to cover through an 81-19 vote, ACLU members and stuck in jail for days on end waiting to see a twelve month supply of prescription activists sent thousands of emails and made a judge only because they cannot afford to birth control.

ACLU News - Spring/Summer 2017 Fight for justice, equality, and fairness for future generations. Contact us to dis- cuss giving through your will or trust at [email protected] or 720-402-3118. ACLU IN THE COURTS DEBTORS’ PRISON SETTLEMENT Aurora Cancels Debt, Withdraws Warrants, and Repays James Fisher for Excessive Payments to Municipal Court

n 2012, James Fisher was sentenced In 2016, James joined the ACLU of Colorado in testifying before Ito pay $678 in fines for three minor the state legislature in support of a new law to stop Colorado ordinance violations—two for open municipal courts from using warrants to collect payment from container and one for driving without indigent defendants who cannot afford to pay. House Bill 16-1311 proof of insurance. Over the next four passed with strong bipartisan majorities and was signed into law by years, while he struggled with home- Governor Hickenlooper in June 2016.

lessness and unsteady work as a day Subsequently, the City of Aurora voluntarily vacated nearly laborer, James made 19 separate pay- 3,000 warrants that had been issued for non-payment of out- ments to the Aurora Municipal Court standing debts. totaling $1498—more than twice his original fines. Yet, he still owed $860. Then, after a negotiation with the ACLU of Colorado, the City of Aurora canceled hundreds of dollars of debt and reimbursed nearly In total, thirteen arrest warrants James Fisher $800 in overpayments that James made to the court over four years. were issued for James while he strug- gled to make steady payments. Each new warrant tacked at least James is no longer trapped in a cycle of debt and he continues to $100 in additional fees onto his debt. work with the ACLU of Colorado to end debtors’ prisons. 

LEGAL ROUND-UP

FOIA LAWSUIT DEMANDS DOCUMENTS Frontier Airlines flight attendants who were because they were based on the “pure un- ON TRUMP MUSLIM BAN – The ACLU of forced to take unpaid leave because they were checked discretion” of police officers on the Colorado joined affiliates across the coun- pregnant and then forbidden from pump- scene with little opportunity to challenge try in filing a joint Freedom of Information ing breast milk after they returned to work. them through an appeal.

Both state and federal law require employers Act (FOIA) lawsuit demanding government “SIT-LIE” ORDINANCE DEFEATED IN documents concerning the on-the-ground to provide a private, comfortable place for FORT COLLINS – The ACLU of Colorado employees to pump breast milk. implementation of President Trump’s Muslim worked with local homeless rights activists bans. We first filed records requests in Feb- DENVER PARK BANISHMENT RULED to defeat an absurd “sit-lie” ordinance that ruary seeking information into the guidance would have made it a crime, punishable by UNCONSTITUTIONAL – A Denver judge and training that agents received on the bans, jail, to sit, lie, or kneel in large portions of dismissed all charges against Troy Holm, an which have been successfully challenged by Downtown Fort Collins. The ordinance, the ACLU in court. The government failed to ACLU of Colorado client who faced a year in which clearly targeted people who are home- substantively respond, so now we are suing. jail for entering a park after he was banned less, would have made it a crime to have under an unconstitutional directive that more property than a person can carry, such ACLU FILES GENDER DISCRIMINA- allowed police to issue suspension notices as a shopping cart full of possessions. More TION CHARGES AGAINST FRONTIER against people who were only suspected of than 100 ACLU activists spoke out against AIRLINES – The ACLU of Colorado filed drug-related activity. The judge ruled that the ordinance at a City Council meeting, discrimination charges on behalf of two the suspension notices lacked due process where it was voted down.

CAMPUS FREE SPEECH A unanimous bill passed by the legisla- ture will guarantee that students’ right to expression, assembly, and free speech are protected on college campuses. The bill, which the ACLU of Colorado strongly supported, ends “free speech zones” on public campuses and ensures that colleges and universities are open to all viewpoints and opinions. ACLU OF COLORADO LOBBY DAY 2017 Donate a vehicle to support our work. ACLU IN THE COMMUNITY Call 1-866-628-CARS for more info. TAKING REPRODUCTIVE RIGHTS ON THE ROAD he ACLU of Colorado embarked on a Road We were happy that Congress- TShow for Reproductive Health to share what man Jared Polis, State Repre- was happening at the state legislature and to learn sentative K.C. Becker and Kate more about the condition of reproductive rights Parke from Catholics for Choice and abortion access in the communities we visited. joined us in Boulder. Polis and Becker discussed recent repro- Beginning in Grand Junction, we found folks were ductive rights legislation while troubled that the closest Planned Parenthood Clinic Parke gave a detailed explana- was 90 minutes away and that sex education in schools is lacking. tion of the Catholic Directives Our audience in Pueblo, where we were joined by State Representa- and how they affect reproductive tive Daneya Esgar, was also concerned about the lack of sex education health care. in schools and the absence of a nearby Planned Parenthood since it is The ACLU of Colorado believes an essential place for teens to access contraceptives. We heard similar reproductive health care is health complaints in Canon City and Arvada. care and we are committed to making In Durango, problems at the Catholic hospital took center stage with sure all Coloradans have the infor- one participant telling us she had to be approved to have a tubal liga- mation and ability to fully access their tion after a C-section. The hospital had also terminated birth control reproductive rights. coverage for their employees. Delana Maynes, Field Organizer

CONGRATULATIONS TO 2017 ARLETTE BAER VOLUNTEER 2017 CIVIL RIGHTS IN ACTION AWARD OF THE YEAR AWARDS Coalition for Compassion and Action OUR ANNUAL MEETING Kristin Fasy Rosie Piller 2017 YOUTH IN ACTION AWARD AWARD WINNERS Nancy Sobel Xavier Long

CHAMPIONING BOLD REFORM OF YOUTH CORRECTIONS

ringing culture-changing reform to the Representatives Pete Lee and Lois Landgraf (pictured) and Senators BColorado Division of Youth Corrections Daniel Kagan and Don Coram picked up the mantle—sponsoring (DYC) was one of the ACLU’s greatest challeng- legislation to bring DYC reform. Our policy team spent countless es in this legislative session, and one of our most hours meeting with legislators, coordinating with witnesses and ex- important successes. perts, and making the case for reform in the media. We also brought more than 200 volunteer lobbyists to the Capitol to advocate to their Every year, thousands of Colorado children are held lawmakers for culture change at DYC. Despite vehement opposition in detention. For these children, the ACLU advocates for from Senator Kent Lambert, Republicans and Democrats ultimately rehabilitative and therapeutic treatment grounded in the belief that came together to pass HB 17-1329 on the last day of the session. all children can grow and change with the right relationships and modeling. For almost three years, the ACLU has been working direct- This bill charts a new course for DYC by changing the name of the ly with DYC to address the violent and punitive culture that plagues Division of Youth Corrections to the Division of Youth Services, re- many DYC facilities. DYC regularly used abusive tactics to control defining its mission as rehabilitative, creating a pilot program to test a and punish children. This included pain compliance techniques, leg therapeutic model of providing care to kids without shackles, solitary confinement, and the WRAP—a full body strait- the use of restraints and solitary confinement, and jacket that causes pain, numbness and extreme anxiety. The frequent an independent study of DYC’s physical manage- ment practices. use of these harmful and counterproductive tactics was thoroughly documented in a report by the ACLU and other juvenile DYC also agreed to phase out the use of pain justice advocates entitled Bound & Broken: How DYC’s compliance and the WRAP in 2018. These Culture of Violence is Hurting Colorado Kids and What changes are important steps in the right to do About it. When DYC proved unable to fix these direction, but complaints of abuse from problems on its own, the ACLU led the Colorado multiple DYC facilities continue to pour Child Safety Coalition in an effort to bring legis- in and culture change is bound to be a lative reform. long and difficult process. The ACLU will continue to fight for Colorado’s kids. We spent the session educating legisla- tors about the violence plaguing DYC and Rebecca T. Wallace asking them to lead DYC in a new direction. Staff Attorney and Policy Counsel American Civil Liberties Union Non-Profit Org of Colorado U.S. Postage 303 E. 17th Ave., Suite 350 PAID Denver, CO 80203 Denver, CO (303) 777-5482 Permit No. 236

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SUMMER CALENDAR COLORADO SPRINGS PRIDEFEST July 8th - 9th  America the Beautiful Park NORTHERN COLORADO PRIDEFEST July 15th  Fort Collins City Park

AURORA PRIDE August 5th  Great Lawn of Aurora Municipal Center PUEBLO PRIDE August 20th  MEET OUR NEW STAFF Mineral Palace Park With your support the ACLU of Colorado continues to grow. We added a talented staff attorney, ARASH JAHANIAN, BOULDER to our legal team. One of the top civil rights attorneys in PRIDEFEST Colorado and a true community partner, Arash is currently September 10th  president of the Colorado LGBT Bar Association and vice Boulder Central Park chair of the mayor’s LGBTQ Commission. JILL HIGHAM is our new Director of Philanthropy. Her experience in creating KNOW YOUR RIGHTS impact through philanthropy includes directing multi- You can’t defend your million dollar fundraising campaigns at public universities. rights if you don’t know She also managed her own criminal defense law firm and them. Go to aclu-co. served as an adjunct law and criminal justice professor. org/events for upcoming VANESSA MICHEL first came to us as a dedicated volunteer Know Your Rights events and we’re excited to translate her passion, and ten years of across the state. art and design expertise, into the inaugural full-time role as New Media Strategist.