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Annual-Report-2009-Webversion.Pdf Annual Report 2008-2009 Dear Friend, The economic uncertainty of the past year, coupled with the continued fallout from the Bush Administra- tion’s reckless war on our constitutional values creates in a full agenda for the ACLU and its supporters. We are working relentlessly to reform state governmental systems and to roll back years of abuse from the Bush Administration—while putting protections in place to guarantee that these horrific violations never occur again. The economic crisis has left all of us reeling; but it has had the greatest impact on the most vulnerable people in our state. We have seen an influx of people, with nowhere else to go, turning to the ACLU for help. Unfortunately, private philanthropy alone cannot fix the depth and scope of problems caused, or ex- acerbated by, broken systems. To fix these problems, we need tireless advocacy, in the courts, legislative bodies and in all channels of public communications. During the last year, the ACLU stood up for people all across the state: • When threatened cuts for Illinois DCFS would have meant increased caseloads for workers as- signed to monitor abused and neglected children, we went to court to protect children. • To put and end to outmoded policies, we sued the Illinois government to force them to fund community-based living arrangements for people with disabilities, instead of warehousing them in large institutions. • To end the Illinois police practice of searching drivers of color at a much higher rate than white drivers, we worked to keep in place legislation that requires law enforcement of- ficers to report the race and ethnicity of every driver they stop and worked at the state and local level to end the practice of consent searches. • To address the high rate of unemployment in minority communities and the near impos- sibility of getting a job with a criminal record, we are working to stop discriminatory school discipline practices that push minority youth–particularly boys–out of school and into prison. We are also attacking the high dropout rates of minority youth in Chicago Public Schools by pushing them to increase resources for English as Second Language learners. • We continue to work to improve conditions at the Cook County Juvenile Temporary Detention Cen- ter, including efforts to improve educational services for children detained there. • To protect and extend the full range of reproductive health options, we are challenging restrictive state laws to assure that women and their doctors, not government bureaucrats or prosecutors, decide what medical care best protects the woman and her health. In addition, we are currently working with a statewide coalition to pass a comprehensive Reproductive Health and Access Act. • We are fighting to challenge discrimination and extend civil rights protections for members of the lesbian, gay, bisexual and transgender community. In addition to drafting and working to pass improvements to the Illinois Human Rights Act, we are working to ensure that gay and lesbian couples have the same legal protections as married couples. Although the Bush Administration has left office, our work to repair the damage and restore the Constitu- tion is far from it. Here is some work we are doing on National Security: • ACLU lawyers brought the lawsuit that forced the disclosure in April 2009 of the Department of Justice memos authorizing torture and other abuses of the Constitution. 3 Roger Baldwin Foundation of ACLU • ACLU of Illinois lawyers are co-lead counsel in a nationwide lawsuit challenging the warrantless spying on millions of innocent Americans. This case is critical to the campaign to restore constitu- tional rights and checks and balances. • ACLU attorneys are challenging the unlawful warrantless surveillance of American telephones and emails that has continued under the Obama Administration and which was disclosed when the National Security Administration admitted in April that it had “overcollected” data involving telephone calls and emails of millions of Americans. • The ACLU of Illinois continues to challenge abusive profiling of American citizens who are Mus- lim, including suing to correct the so-called Terrorist Watch List so that innocent Americans do not have to endure the humiliation and abuse visited on them by law enforcement officials as they return home from trips abroad. Our clients turn to us because of our reputation for courage and steadfast defense of constitutional prin- ciples. Your past support of the ACLU reveals your commitment to justice and the rule of law; I hope you share our pride in our ongoing work to restore the Constitution. 4 Annual Report 2008-2009 RESTORING THE RULE OF LAW ur fundamental system of checks and balances was severly undermined by eight years of near constant abuse by the Bush-Cheney Administration. The result of their unchecked use of executive authority in- O cluded illegal government spying, summary detention of innocent aliens post 9-11 anderroneous watch- listing of innocent U.S. citizens that transcend the bounds of law and our most treasured values in the name of national security. The ACLU of Illinois is challenging Bush era national security abuses in three major lawsuits: Rahman v. Chertoff: The RBF/ACLU of Illinois, along with other ACLU affiliates, represents nine individu- als - all United States citizens - who are the victims of repeated stops, harassment and undue deten- tions upon re-entering the country. These plaintiffs have faced frightening situations - having guns drawn on them, being hand-cuffed for long periods of time, and being separated from family members traveling with them. The action seeks to compel the government to fix the terrorist watchlisting system that causes this to happen to our clients. Khorrami v. Rolince et al: In 2004, we filed suit against the FBI and INS for the unjustified deten- Correcting tion and abusive physical treatment of our client, Terrorist Ahmad Farid Khorrami, after September 11th 2001. Mr. Khorrami was taken into custody and his immigration status and pilot training certificate both Watch Lists were revoked, when the FBI erroneously asserted that he posed a national security threat, despite evidence and Stop- to the contrary. The case challenges the constitututionality of the use of immigration removal proceedings ping the as a pretext for holding a law-abiding alien in indefinite investigative detention. The case is still pending. Abuse of Power Terkel, et al v. AT&T: The RBF/ACLU of Illinois represents the late author Studs Terkel, Dr. Quentin Young, attorney James Montgomery, Illinois House Majority Leader Barbara Flynn Currie and other prominent Il- linois citizens in challenging telephone giant AT&T for sharing customers’ telephone records with the govern- ment without lawful authorization. In 2006, our case – along with similar lawsuits against telecom companies filed in courts across the nation – was consolidated as multi-jurisdictional litigation and transferred to the federal district court in San Francisco. The ACLU of Illinois, along with lawyers for the Electronic Frontier Foundation, was appointed co-lead coordinating counsel for more than forty cases, including our own. The cases were dismissed in response to the passage of the FISA Amendments Act. The ACLU and EFF are ap- pealing this decision. In addition to litigation in defense of civil liberties, the ACLU of Illinois works to educate the public and mobilize support for holding accountable those responsible for torture and illegal spying. In 2009, we held a townhall forum, featuring Congresswoman Jan Schakowsky, to highlight several areas of con- cern, including detention and interrogation policies, wiretapping and watch lists, as well as the impact of these and other policies on newcomers and the Arab and Muslim Communities. Presenters included Jeffrey Colman – a lawyer at the Chicago office of Jenner & Block representing detainees at Guantana- mo Bay, Cuba; Fred Tsao of the Illinois Coalition on Immigrant and Refugee Rights; Junaid Afeef, Execu- tive Director of the Council of Islamic Organizations of Greater Chicago; and, ACLU of Illinois Executive Director Colleen K. Connell. 5 Roger Baldwin Foundation of ACLU REPRODUCTIVE RIGHTS PROJECT or nearly four decades, ACLU lawyers have successfully led challenges to state laws that restrict repro- ductive autonomy—laws that have attempted to make criminal the medical decisions that women make in- F consulation with their healthcare provider regarding contraceptives, genetic testing and abortions. Recent cases include: Morr-Fitz v. Blagojevich: The ACLU filed amicus briefs in the Illinois Supreme Court insupport of an Illinois reg- ulation that requires pharmacies to assure seamless access to contraception when an individual pharmacist refuses to fill a contraceptive prescription. The Illinois regulation - adopted after several women faced undue delay and harassment in trying to fill prescriptions for contraception - simply makes clear that the pharmacy must provide some efficient procedure to allow such prescriptions to be filled, even when one pharmacist objects. Miller v. American Infertility Group: After a judge ruled that an unimplanted, fertilized egg was a “human being” under the Wrongful Death Act, ACLU attorneys collaborated on a successful appeal. Protecting the Rights of Vulnerable Teens In response to an unfortunate decision in another long-standing case, Zbaraz v. Madigan, the ACLU of Illinois launched the Illinois Judicial Bypass Coordination Project. The decision by
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