NYCL UNe ws Spring / Summer 2004 w w w. n y cl u. o r g ■ P u b lished by the New York Ci v il Liberties Union ■ Volume LI, N o. 2 2 3 4-5 6 7 8 > Director’s Column > No Fly Woes for the Wrong Man > Board of Directors > Ch a l lenge to Federal Abo r tion Ban > Young “Old Timer” Activist > Pro t e c t i ng Protest at the > Notes from the Board > NY Prison Visitors Rejected As 2004 Election > Launch of Indigent Defense > Students Rights Victory Re p u b l ican National Convention Scanners Foul Up Campaign > Bi ll of Rights Defense Pro cl a m at i o n

NYCLU Files Suit on Behalf of Lesbian and Gay Couples’ Rights to Marry

n April 7, 2004, the NYCLU joined the defining issue in this new phase races and religious faiths. And while over time the courts have corrected the dis- of the gay rights movement by filing suit on behalf of eleven same-sex criminatory and unjust restrictions of the marriage law, it is society’s failure to Ocouples seeking to exercise their right to marry under New York law. make marriage available to lesbian and gay couples who live their lives together This lawsuit, in which we appear as co-counsel with the ACLU, charges that that led the plaintiffs in this case to the Supreme Court of Albany County. the New York State Constitution requires recognition of marriages entered into In a news conference at the ACLU offices, the plaintiffs offered moving per- by lesbian and gay couples; and that to deny this right is to violate the state con- sonal testimony of the indignity and contempt they suffered as partners to “non- stitution’s guarantee of equal treatment under the law. legal” marriages: denial of access to a partner’s hospital room in a medical emer- “Marriage” the legal complaint begins, “is the universally recognized social gency; refusal of spousal medical benefits under an employer’s health insurance structure for two people who have committed to build a life together.” In rec- policy; challenges to parental rights of children one has raised. ognizing in the law “the reality of life as a committed couple,” the complaint con- The NYCLU has also been active in advocating for recognition of same-sex tinues, “the legal institution of marriage creates vitally important protections, ma r riage in the legislative arena. In Februa r y, Christian Smith-Socaris, the NY C L U ’ s legislative associate in Albany, presented testimony at a forum on gay rights and obligations.” ma r riage sponsored by State Senator Tom Duane. Senator Duane is the sponsor of The legal papers document the history of discrimination in which marriage rights were denied to African-Americans held in slavery, to persons of different > Continue on page 6

NYCLU Says No To Salvation Army Discrimination

If you had told me that one day I’d be standing here with the New Counties in Long Island to complete and sign a Work With Minors “York Civil Liberties Union, I would not have believed you.” (WWM) form. The form pointedly asks employees to identify their This was self-described, conservative Marga r et Geissman speaking at a church affiliation, catalog their church attendance for the past decade and cr owded press conference on Februa r y 24 where the New York Civil Liberti e s authorize their religious leaders to reveal private communications to The Union announced a fed- Salvation Army. In addition, the employees have to pledge to adhere to eral religious discrimina- religious principles of The Salvation Army which is an Evangelical tion suit against The Christian Church whose mission is to “preach the Gospel of Jesus Christ.” Salvation Army . Geissman, the former Human Resources Manager for Social Services for The suit on behalf of Ch i l d r en, and Anne Lown, a 27-year veteran with the agency who ros e 18 current and forme r th r ough the ranks to become the associate director of the social servi c e s Salvation Army employ- > Continue on page 6 ees calls for the court to

stop The Salvation Army 125 Broad Street Non-Profit Org. New York,NY 10004 U.S. Postage from imposing religious www.nyclu.org PA I D restrictions on employ- New York,NY Permit No. 2723 ees in its publicly ■ A light moment with Margaret Geissman, former Salvation financed social service Army employee (left) and Donna Lieberman. p rograms which aid over 2300 hundred chil- dren, families, and disabled adults a day in the area. Public funding for The Salvation Army programs totals more than $89 million a year. The suit charges that in September 2003, The Salvation Army began requiring its 850 employees in New York City and Nassau and Suffolk DIR ECTOR’S by Donna Lieberman,Executive Director COLUM N The NYCLU ONLINE — Speaking Truth to Power

n the week leading up to the once and for all. We are working now to reconstitute a find out about upcoming events in your part of the historic Februa r y 4th vote strong coalition effort to put an end to the absurdly state. And, perhaps most importantly, you will soon be I by the New York City harsh penalties that have resulted in the incarceration able to take action. As we continue to improve and Council calling upon govern- of huge numbers of mostly black and brown New upgrade our Web site, the “take action” section of the ment officials to uphold civil Yorkers for nonviolent drug offenses. site will feature a series of legislative alerts giving you ◆ rights and civil liberties in the war on terrorism, I got a We must prevent a bundle of repressive and background information and analysis of bills pending taste of how powerful NYCLU members and supporte r s ineffective counterterrorism measures from becoming in the state legislature, and you’ll be able to send a free could be when acting in concert. And it was delicious! law, including a measure creating a “good faith” excep- fax to your elected representatives on the spot. Our Bill of Rights Defense Campaign needed to pull out tion to the Fourth Amendment’s Exclusionary Rule and You can also join our email list on the Web site’s all the stops to make sure the Council’s leadership held another that undermines the Constitutional protection homepage, and I hope you will do so right away. Once fi r m to its commitment to pass the Resolution. For the against double jeopardy. you’ve given us your email address, we’ll be able to ◆ first time, we were able to take full advantage of the We must resist the passage of the pending “Act notify you when there has been a major development in c r edible power of the Internet to rapidly mobilize grass- to amend the penal law in relation to unborn victims of in Albany, and provide you with a link to a newly post- roots support. We sent email “action alerts” to support- violence,” the anti-choice movement’s latest attempt to ed legislative alert. When we harness the grassroots ers of the New York City Bill of Rights Defense weaken women’s reproductive rights in our state. power of the NYCLU, even the lawmakers in Albany ◆ Campaign asking each of them to send a free fax to the We must give our active support to the same- will have to take notice. Council President. Within a matter of days, several thou- sex marriage bill introduced by Senator Thomas Duane Our Web site is also going to serve as a hub of sand faxes were generated, and Council President Giffo r d and Assembly Member Richard Gottfried and make i n f o rmation and activity before, during, and after the Miller clearly got the message. our state a place where lesbians and gay men enjoy true Republican National Convention at the end of My goal now is to bring the NYCLU’s consider- legal equality. August. Groups from all over the country will be able grassroots power to bear on one of the most recal- If you haven’t done so recently, please take a coming to New York City to weigh in on the Bush citrant institutions known to humankind: the New minute to visit us at www.nyclu.org. The redesigned A d m i n i s t r a t i o n ’s re c o rd, and we know there will be a York State Legislature. Our state legislature is, as you Web site is much easier to navigate and offers some new huge groundswell of political protest activities. Our all know, a very hard nut to crack. The turnover rate amenities. For the first time, it’s fully searchable. You main job, as always, will be to do what we can to pro- is only about one percent each election year, so winning can also now join and make contributions online, and tect freedom of speech and association. We are a seat in Albany is practically tantamount to a lifetime > Continue on page 6 appointment. As last year’s defeat of the big and well- publicized “Drop the Rock” campaign demonstrated, NOTES FROM our state lawmakers are almost (but not totally) THE BOARD immune to pressure. The challenge is huge, and the ATr ibute to Jer e miah Gutman stakes are high. But with the help of our members — and our new redesigned Web site — I am convinced by Claudia Angelos,President of the NYCLU Board of Directors that we can make a breakthrough. This legislative term will be a critical one for civil t is my very sad task with this issue formally to He challenged the House Un-American Activities liberties. Among other things, acknowledge the passing on Februa r y 25 of our Committee. Arguing before the United States Suprem e ◆ The Rockefeller Drug Laws must be repealed I dear friend, valued colleague, and able leader, Co u r t, he challenged the abuse of the subpoena Je r emiah Gutman. Jeremiah was an original member power by the notorious Senate Internal Security of NYCLU, and in countless ways has been with us in Subcommittee chaired by Sen. . He rep - each of the fifty years since. By any account, Jerem i a h resented civil rights lawyer Arthur Kinoy in challenging was one of the great civil liberties lawyers of the twen- a national security wiretap of the lawyer-client conver- tieth century. sations. He worked in the in Our staff, board, and membership will best . He rep r esented the Hari Krishnas and Rev. remember Jeremiah for his service to NYCLU and Sung Yung Moon. He defended the right of New Yor k NYCL U News (ISSN 0746- 0801) is published twice a year by ACLU. A past president and always a leader of our City social services worker Rosalie Harmon and other The New York Civ i l Liberties Union, 125 Broad St., public employees to speak out on matters of public New Yo r k ,N Y10004 212- 3 44 - 3 005 ■ www.n y c lu. or g board, our long-time representative to the ACLU board, and a tireless committee chair and parlia- co n c e r n, and rep r esented Phil Hirshkop in asserting the Subscription by membership only at $20 and up, mentarian, Jeremiah brought both a love of debate right of lawyers to comment on their pending cases. of which 50 cents is for a one-year subscription and a tone of common purpose to all our board Equally important, Jeremiah rep r esented countless Claudia Angelos,PRESIDENT; Miriam O. Hyman,VICE PRESIDENT; deliberations. Our staff knew Jeremiah as always individuals whose claims and defenses were vital only Jonathan F. Horn,SECRETARY; Julie Clegg,TREASURER willing to take on one more case, whether large or to themselves, their families, and Jerem i a h . EXECUTIVE DIRECTOR: Donna Lieberman small, as a volunteer lawyer. We all loved him for his Je r emiah Gutman was an extraordinarily young LEGAL DIRECTOR: Arthur Eisenberg impish good humor and his unique sense of style. 80 when he died. He is survived by his wife Marilyn, ASSOCIATE LEGAL DIRECTOR: Christopher Dunn his 7-year old twin sons Ariel and Emanuel, his daugh- DIRECTOR,REPRODUCTIVE RIGHTS PROJECT: Rebekah Diller Jeremiah was the lawyer with the Sherlock Holmes DIRECTOR,TEEN HEALTH INITIATIVE: Lee Che Leong cape always bearing the button most recently pro- ters Malaika, Thea, Mara and Rebecca, and his brot h - LEGISLATIVE DIRECTOR: Robert Perry duced by his cherished NYCLU. er Robert. Some of Jeremiah's friends are setting up a PROJECT DIRECTOR,BILL OF RIGHTS DEFENSE CAMPAIGN: Udi Ofer fund for the education of his twins; those wishing to DIRECTOR OF DEVELOPMENT: Christina Van Lanen Others in the community will remember Jerem i a h DIRECTOR OF COMMUNICATIONS: Sheila Stainback for his dedicated service to many other organizations at contribute can send donations to: “Marilyn Gates DIRECTOR OF FINANCE: Claudette Cosbert the foref r ont of civil liberties, including the National Gutman for the benefit of Ariel and Emanuel DIRECTOR OF OPERATIONS: Connie Harshman Coalition Against Censorship, the American-Israeli Gutman,” P.O. Box 420, Hastings, NY 10706. CHAPTER DIRECTORS: Civil Liberties Coalition, and Meretz USA. We miss Jeremiah Gutman. But his warm spirit, Melanie Trimble (Capital Region),Barrie H. Gewanter (Central New York), unfailing generos i t y , keen intelligence and singular ded- Barbara de Leeuw (Genesee Valley),Barbara Bernstein (Nassau), Hi s t o r y will perhaps most note Jeremiah for his Jared Feuer (Suffolk),Linda S. Berns (Westchester), magnificent lifetime rec o r d of accomplishment in pro- ication will continue to inform and inspire us all. Jeanne-Noel Mahoney (Western Regional) tecting and promoting civil rights and liberties. After We are planning a public memorial to honor EDITOR: Sheila Stainback ea r ning a purple heart for his service in the U.S. Army Je r emiah. It is likely to take place on or about June 14. STAFF PHOTOGRAPHER: Tom Tyburski We hope that all of you who knew him and his work COPY EDITORS: Martin R. Miller, Jane Schatz in f a n t r y during World War II and graduating from NYU School of Law, where he was editor in chief of will attend. Please check our Web site www.n y c l u . o r g the Law Review, he embarked on a career of activism. for the date and location. ❖

2 NYCLU News ■ Spring / Summer 2004 Visit us at www.nyclu.org No Fly Woes for the Wrong Man By Arthur Eisenberg

sif Iqbal is a management consultant who flight. “There is just no guarantee how it’s tinguish between a law-abiding permanent res i - lives in Rochester, New York who flies going to go,” Iqbal told a reporter, “It often dent and a suspect it held for more than two years A ev e r y week as part of his job. On the typ- goes pretty badly.” At the very least, these in Guantanamo.” ical week, Iqbal leaves Rochester on Monday seizures and interrogations are inconvenient TSA’s policies have created other problems mo r ning to meet with any one of his many corpo- and publicly embarrassing. The situa- rate clients and usually ret u r ns to Rochester on tion is all the more strange because Thursday evening. In this respect, Iqbal’s consult- Guantanamo detainee Asif Iqbal, ing schedule is not exceptional. However, the deemed no longer a threat, was released pr oblems that he encounters at the airports are in March to his home country Britain. wo r thy of an Alfred Hitchcock movie. The current TSA program is a classic Iqbal has the exact same name as an indi- example of what’s wrong with “ethnic vidual who had been detained by the U.S. gov- religious profiling,” said NYCLU ernment at the Guantanamo Bay Naval Base Executive Director Donna Lieberma n . for more than two years. Consequently, Asif Iqbal, a computer expert, has suggested Iqbal’s name appears on a “No Fly List,” prom- new proc e d u r es for programming the ulgated by the Tr a n s p o rtation Security TSA and airline computers which would Administration (TSA). allow for more accurate screening of pas- When Iqbal goes to the airport, checks in sengers and help avoid the needless ■ Asif Iqbal of Rochester (l); Asif Iqbal form er Guant a namo deta inee (r) for a flight and provides his name, the airline se i z u r es and unnecessary embarrassment. computer recognizes his name as being on a On March 25, 2004, the NYCLU “No Fly List.” The airline computer locks and w rote to the TSA on behalf of Iqbal urging the for Iqbal as well. His landlady evicted him and will not issue a boarding pass. If he is at an air- adoption of these new pro c e d u res and asking his wife from their apartment following public- port where the airline’s ground personnel do for a meeting with the TSA to discuss the mat- ity of his case. Iqbal has found other accommo- not recognize him, which often occurs, local t e r. If uncorrected, the NYCLU will take the dations but is suing the landlady. ❖ police officials are called and Iqbal is taken matter to court . away for interrogation. Occasionally, the inter- NYCLU cooperating attorney Scott Forsyth A rthur Eisenberg is Legal Director of the rogation lasts so long that Iqbal misses his says: “It’s scary that the government cannot dis- NYCLU.

NY Prison Visitors 2004 ACLU Rejected As Scanners Membership Conference July 6-8, 2004 Foul Up San Francisco woman traveled six hours on her birthday to see her husband in www. aclu.org/2004MemberConf prison but was turned away. An ion scanner used at the visitor A check-in registered positive for cocaine. She said she had taken On July 4th we celebrate the birth of freedom antibiotics prescribed by her doctor a few hours earlier. She was shocked in America. On July 6-8th we redouble our and offered to submit to a drug test and a search. Her offers for further efforts to protect it. As the challenges to tests were rejected and she had to leave. liberty increase,Americans depend on ACLU Un f o rt u n a t e l y , hers is not an isolated case. Many relatives and friends members — all 400,000 of us — to Stand Up of inmates are victims of the New York State Department of Correc t i o n a l for Freedom. www.aclu.org Se r vices (DOCS) pilot prog r a m ’ s use of ion scanners to test visitors for drug s and explosives. “The scanners purportedly help DOCS screen visitors for drugs and explosives,” says Donna Lieberman, Executive Director of the NYCLU, “but the NYCLU has documented numerous complaints from visitors to High School Essay Contest Stresses the state’s correctional facilities who have been turned away after long jour- neys to visit relatives or friends because of erroneous ion scanner rep o rt s . Free Speech and Expression To make matters worse, the DOCS offers no way to rebut the error s . ” The New York Civ i l Liberties Union is sponsoring its First Amendment Essay Contest which is open to all New York Cit y high school studen t s . The contest is int e n d ed to help students under - These scanners do not diffe r entiate between diffe r ent substances com- stand the importance of freedom of speech and expression especia l ly in the post 9/11er a . posed of the same size ions. Even an innocuous substance such as perfu m e The contest coincides with the launch of the NYCLU’s Web site Student Rights OnLine or body lotion, medicine or the chlorine in baby wipes can trigger a “false which features information and research links geared to high school students. positive” reading. Deadline for entries is May 22, 2004. The NYCLU has sent a letter documenting a number of complaints and For complete contest information go to www.nyclu.org. has asked DOCS Commissioner Glenn S. Goord to suspend use of the scan- This contest and the Web site are made possible by a grant from the Shelley and Donald ning devices until and unless safeguards and appeals proc e d u r es are in place Rubin Foundation. to prevent the abusive and wrongful denial of prison visitation. ❖

Visit us at www.nyclu.org NYCLU News ■ Spring / Summer 2004 3 NYCLU Board of Directors – Election 2004: Biographies & Statements of Candidates

■ he annual meeting of the WHO MAY VOTE (Note: To ensure a secret ballot, do not sign the ballot or put your All members whose names appear on the NYCLU membership rolls mailing label inside the envelope.) members of the New York as of May 31, 2004 may vote. 3. If you have a question about your voting status, please call the ■ HOW TO VOTE NYCLU at 212-344-3005, Ext.264. Civil Liberties Union will be ■ T NYC L U members may vote either in person at the annual meeti ng or C A N DIDATE S held on June 16, 2004 at the offices by the proxy ballot that appears on page 5.The election will take place This year there are 21 candidates for 21 vacancies. Of these, 18 are of the New York Civil Libert i e s at 6:15 p.m . for three-year terms, one is for a two-year term, and 2 are for one- In order to vote by proxy: year terms. In accordance with the NYCLU bylaws, exactly as many Union, 125 Broad Street, 17th Floor, candidates as there are vacancies were nominated by the NYCLU 1. Complete the proxy ballot on page 5 and mail to: Nominating Committee. The candidate who finishes 19th will receive New York, NY for the purposes Miriam O. Hyman, Vice President the two-year term and the candidates who finish 20th and 21st will 125 Broad Street, 17th Floor, New York, NY 10004. each receive a one-year term. of electing directors, receiving the 2. So that we may verify your membership, clip out the address label Each candidate was asked to supply biographical data and a brief annual report and transacting any on the front page and affix it to the outside of the envelope or write statement of views on NYCLU policies and issues. These are set your name (both names, if you have a joint membership) and your forth below in alphabetical order: other appropriate business. address legibly on the back of the envelope.

Claudia Angelos for low-income women. I have also worked on a Jonathan Feldman port the efforts of the NYCLU to protect and NYU School of Law, Clinical Law Pr o fessor; Board case which concerned the right of a parent to Senior Attorney, Public Interest Law Office of Rochester expand the Bill of Rights for all our citizens. I look Pre si d ent 2002-present; Board Secret a ry 1999 - 2 00 2 ; a u t h o r i ze the removal of life support for her (PILOR),Former Board Member, GVCLU Chapter, Current forward to participating in that effort. Board Member since 1993 c h ild who was in a medically futile persi s t e n t Member of Legal Committee, GVCLU Chapter. v e g et ative stat e. I believe that access to health STATEMENT Margaret Fung STATEMENT care issues should be fully in t e g r ated to the For 15 years I have practiced civil rights law with a A tt o rney; Executive Di r e c t o r, Asi a n - American Legal It is a privilege to serve the NYCLU, guardian of agenda of the NYC LU and, if el e c t e d, to the focus upon cases aimed at promoting educational Defense and Education Fund, NYCLU Board, 1978-pres - the rights of all New Yorkers. In these most diffi- Board of the NYC LU, I would li ke to work on equity. I have worked with the NYCLU attorneys ent; NYC LU staff, 1973 -75; NYC LU Committ e e s : cult times for civil liberties, the NYCLU has been health and bioethics concern s. F in a ll y, in these and I hold them in the highest regard. In the year Ex e c u t i v e, F in a n c e, Long Range Pl a nn in g,Di r e c t o r tireless in defense of the Constitution. The people h o s t ile political times, I commit to hel p ing to 2004, I fear that we are returning to 1954, when Search; ACLU Nominating Committee 2004 of our state have been well served. In the coming raise funds to enhance the resources ava il a b l e segregation was the norm and the McCarthy years we must build our leadership role. Our gift- to NYC LU to protect our ci v il li b e rt i e s. hearings chilled civil liberties. I fervently hope STATEMENT ed staff must grow statewide. Our legal, educa- and I will do everything I can to ensure that the The encroachment of civil liberties during the tional and community programs must expand. It is Stephen Clark 21st Century brings, not reaction and repression, Bush Administration has been devastating, espe- the responsibility of our distinguished board to Associate Professor of Law, Albany Law School,special - but the triumph of civil rights and civil liberties cially for immigrants and people of color. The insure the financial health of NYCLU and to repre- izing in constitutional law, employment discrimination, guaranteed by law. NYCLU should continue defending the rights of sent the members of the Union throughout New labor law and gay rights; NYCLU Board Member dissenters, challenging police abuses, protecting York in setting our civil liberties priorities. I hope Anthony Feldmesser immigrant rights and ensuring that everyone’s to be able to continue to participate in this vital STATEMENT C o u rt A tt o rn e y,Ci v il Court of the Ci ty of New Yo r k ; vote counts in the November 2004 elections.I work, helping to bring membership, board and I am an associ ate professor of law at Albany Law NYC L U Board Member since 1998; Board of Di r e c t o r s hope to continue on the NYCLU Board during this staff together in sharp debate and in the common S c h o o l , t e a c h ing courses in constitutional law, 1993 - 2 003; Vice Pr e si dent 200 2 - 2 003; Committ e e critical period. cause of our most fundamental freedoms. e m p l o yment discrimin ation and sexuali ty. My work: Executive Committee 1997- 2 003; Board Ta s k research focuses on gay righ t s, ci v il li b e rties and Force on Police Brutali ty, Constitutional Convention, Danny Goldberg Henry K. Baranczak, Jr. fe de r a lism and my recent works have appeared Cameras in the Courtr o o m, Executive Director Search CEO, Artemis Records; NYCLU Board Member; Former Attorney; NYCLU Board Member; former member of the in the Southern Califo rnia Law Review, R u t g e r s 2 001, I n t e rn et , La s ke r / C a lloway Aw a r d, Long Range NYCLU Executive Committee Member Board of the Capital District Chapter Law Journal and Albany Law Review. On behalf Pl a nn in g, N o m in at in g, P o lice in the Schools. of the NYC LU, I have successfully opposed a local D el e g at e / del e g ation coordin at o r, A C LU Bienn i a l STATEMENT STATEMENT parent-teacher organizat i o n’s sponsorship of a C o nfe r e n c e, 1999, 2 001 and 2003. I have worked actively with the ACLU for more Presently, I am in private practice in New York City Boy Scout unit. Pr e v i o u sl y, I was an associ ate at than twenty years. I edited “It’s a Free Country,” with special emphasis in employment law. I have W inston & Str awn in Chicago, cl e r ked for the STATEMENT an anthology about civil liberties post 9/11 and worked for the New York State Legislature and for C h i ef Justice of Indiana and served as a summer Having rotated off the Board for one year, I hope have written and spoken extensively about civil the Town of North Hempstead under Supervisor fellow with the Illinois A C LU. I received my JD to return to continue working to support our dedi- liberties. I deeply support the work of the NYCLU May Newburger and have been involved in from Yale in 1995 and a BA from Te nnessee in cated staff in meaningful ways. This must be our which is needed now more than ever. numerous political activities and organizations 1991. I and my domestic partner registered our board’s priority in these times. I will also use my such as Planned Parenthood. Though not conclu- r el ationship under Hawaii law on February 14, experience as an advocate in both the lesbian and Dr. Gail Kadison Golden sive, areas of specific concern to me include those 1998. gay community and the legal profe s sion to Social Worker; NYCLU Board Member civil liberties assault which are presently being encourage the new voices of the community to imposed by the Administration, women’s issues Rivona Ehrenreich join ours. STATEMENT and gay rights. Impartial Hearing Officer for Children with Disabilities; For more than 30 years, I have been the clinical current NYCLU Board Member; Chapter Committee,Aid Thomas R.Frey director of a small counseling center in Rockland Elisabeth Benjamin in Dying Committee, Education Committee, Past Chair Attorney (Retired); Member of the NYCLU Board since County, New York which offers accessible, afford- Director, Health Law Unit,The Legal Aid Society; Fellow and Co-Chair Nominating Committee; Committee on 1999; Member of the Executive Committee, Chaired or able services to people with few fin a n ci a l in Bioethics Program at NYU/Montefiore Hospital Free Speech in the Workplace, et al. Co-Chaired Nominating Committee three years, Member resources. Each day I witness the way social of Executive Director Search Committee, Member of injustice diminishes and destroys lives. I became STATEMENT STATEMENT Education Committee,Elections Committee and observe impatient with helping one person at a time and As a health att o rn e y, I work to ensure access to There is a critical need to preserve our civil liber- the Chapter Committee became a community activist. My concern s health care for people who are uninsured and/or ties, especially at this time with the Patriot Act. brought me into struggles against racism, sexism, are unde r in s u r e d. This work in cl u des: defe at in g We need to continue to confront the emerging STATEMENT homophobia, ageism and classism. Most recently legal bars to governm e n t - f u n ded in s u r a n c e issues as well as the hard won gains in civil rights. I served in New York State Assembly,Director of I have been involved in the struggle to protect the because an individual is an immigrant; workin g Creativity, courage and leadership are needed in State Operations under Governor Hugh Carey, rights of immigrants, to oppose the Patriot Act and to eli m in ate racial disparities in access to care our mission. I welcome the opportunity to partic- Member of State Board of Regents, C o u n ty to elect local and national candidates who sup- for people of color; assi s t ing people who are ipate in meaningful efforts against all forms of Executive of Monroe County. It is not an exagger- port the Bill of Rights. I would welcome the sick or have disabilities acquire the health care discrimination and any attempt to intrude upon ation to say that civil liberties are more threat- chance to continue on the NYCLU Board. or services they need from their HMOs; and our constitutional rights. ened now than at any time in our history. That eli m in at ing barriers to reproductive health care makes it more important than ever that we sup-

4 NYCLU News ■ Spring / Summer 2004 Visit us at www.nyclu.org NYCLU Board of Directors – Election 2004: Biographies & Statements of Candidates >>>

Nancy Hollander Lesly I.Lempert also present were perm i tted to leave; and a elected, I will push cooperation with groups shar- NYCLU Board Member C o n s ultant on human rights and ci v il li b e rties in Israel , female firef i ghter subjected to discriminat o r y ing our views on particular issues and greater use Gaza and the West Bank to a wi de range of organiza - c o n d u c t . I am active in the Nassau County of pro bono lawyers. I coordinate Skadden Arps’ STATEMENT t i o n s. Was Executive Director of the Am e r i c a n - I s r a eli Mental Health As s o ci at i o n’s JOBS program pro- pro bono program and recently got a man off of I have served on the NYCLU Board for six years. Ci v il Liberties Coalitions for ei ght years; past presi - m o t ing employment for disabled individuals and Georgia’s death row after 26 years. This organization has always been important. But dent of the New York Ci v il Liberties Union; h ave represented disabled plain t iffs in discrimi- it is more necessary than ever to be vigilant and Chairperson of the To m p k ins County office of the n ation proceedin g s. I am also a director for the M.D. (Lita) Taracido aggressive in protecting civil liberties. In the last NYC L U; fo rmer member of the Texas Ci v il Libert i e s Center for Developmental Di s a b ilities in Attorney/Businessperson: NYCLU Board Member and several years, those liberties have come under fire Board of Directors for six years; Chair of the Wo o d b u ry, New York and a Commissioner for the Member of the Finance Committee; Board Member not just nationally, but also within New York. On La s ke r / C a ll away Committee; lectures on ci v il li b e rt i e s N o rth Hempstead Housing A u t h o r i ty. I woul d Volunteers of Legal Services and Hispanic Federation; the board, I have served on both policy and at Corn ell Universi ty and Ithaca Coll e g e. Wrote a g r e atly appreci ate an opport u n i ty to serve on the Member NYS Advisory Committee to the U.S. Civil operational committees. I am currently a member series of art i cles on the subject of computer access NYC L U Board. Rights Commission and the Human Services Committee of the Education, Harvey Milk School and Finance and conf i de n t i a li ty of patient records. Speaks fre - of the United Way of New York City. committees. I have co-chaired the Development quently on the Patriot A c t . Ronald J. Tabak Committee and was a member of the committee STATEMENT Attorney, NYCLU Board Member STATEMENT that selected Donna Lieberman as the executive The ACLU has long defended the traditional civil I have long been active in organizations that work to director.As a director, I will continue to be active- liberties issues of First Amendment, due process, STATEMENT empower minorities and the disadvan t a g e d . NYC L U ly involved in both policy issues and the ongoing free speech, freedom of expression and associa- My range of interest is reflected in my being numbers among these organizati o n s . I am proud of health and growth of the NYCLU. tion and separation of church & state. In recent Special Counsel to the ABA Individual Rights the work the organization is doi ng to address the years, electronic methods for invading privacy Section, Board Member of Appleseed Foundation, on g o i ng assault on civ i l rights and civ i l lib e r ties that Jonathan Horn have been added. With the passage of the Patriot New Yo r kers A g a inst the Death Pe n a l ty and af fect all of New Yor k ’s cit i ze n s . I look for ward to Attorney; NYCLU Secretary; NYCLU Board Member since Act the means for surveillance at many levels Puerto Rican Legal Defense and Education Fund co n t in u ing to work with the Board not only to stem 2001 have been widely expanded resulting in the loss and Immediate Past Chair of City Bar Civil Rights the erosion of these important right s , bu t , mo r e of personal privacy. I am particularly concerned Committee. The NYCLU needs to expand its legal im p o rt a n t l y , to advance them. STATEMENT about the vulnerability of our private lives associ- and public advocacy efforts by initiatives on more The NYCLU is needed now more than ever. I have ated with that issue. subjects and in more parts of the State. If re- been privileged to serve on the Board during this vital time. I want to continue that work. I am cur- Edwin Lopez-Soto rently NYCLU’s Secretary. I sit on a number of Attorney; former NYCLU Board Member committees, including the Executive Committee.I Proxy Ballot >>> have participated in our search for new office STATEMENT space. I served as an NYCLU delegate to the I come from a legal services background. Wh il e recent ACLU Biennial Conference. I organized a wo r k i ng in New York State ’s legal services support TO: Miriam O. Hyman, Vice President benefit concert for the NYCLU last year; I hope to ce n t e r , the Greater Upstate Law Pro j e c t , I brought NYCLU 125 Broad Street, 17th Floor, New York, NY10004 organize additional events in the future - that can and won over a doz en class actions on behalf of raise both money and visibility. I believe we must the rights of disabled ind i v i d u a l s . I was also co- You are hereby authorized as my proxy to cast my votes as ind i c a ted below at the focus on “core issues,” p a rt i c ularly First co u n s e l in a class action on behalf of the 37,000 an nual meeti ng of the New York Civ i l Union to be held June 16, 20 04 at the NYCL U Amendment concerns (with the Republi c a n ch il d ren of the Rochester Cit y School Di s tr i c t . off i c e s ,125 Broad Stre et , 17th Fl., New York Cit y, for the election of directors, with the Convention coming to New York City) and the con- Un fort u n at el y , th a t case lost. No t wit h s t a n d in g ,I same power I would possess if I were personally present. tinuing civil liberties aftermath of 9/11. am still working behind the scenes to convince our su r r o u n d i ng suburban schools that money alone Vot e for up to twenty- o ne (21) candida t es whose names are lis ted below in Chaumtoli Huq wo n ’t remedy the problem but dec o n c e n tr a tion of rando m ord er. Individuals who have a joint membership receive one newsle tte r Attorney; NYCLU Board Member po v e r ty along with money might . I spent nine with a label containi ng both names and may vote on the same ballo t . The second set years on the Board of the NYCL U because I felt it of boxes to the right of the candidate s ’ names is for that purpose. Sin g le members STATEMENT was the most important “wat c h do g ” or g a n i z at i o n sh o u ld ignore the second column. I have been a public interest advocate, first as an in terms of our civ i l rights and civ i l li b e rt i e s. organizer and more recently as a lawyer for sev- ELISABETH RYDEN BENJAMIN ■ ■ eral years in the areas of economic justice and Anita L. Miller ■ ■ civil rights. It is this commitment that brings me Hearing Officer, New York City Transit Authority; NYCLU GAIL K. GOLDEN to the NYCLU. Through my work, I realized the Board Member since 2000; Board of Directors 2001- LITA TARACIDO ■ ■ importance of building strong and viable institu- present; Committee work: Executive Committee 2002- ■ ■ tions that can sustain our collective vision for a 2003, Personnel Committee 2003-present, Amicus Club LESLY I. LEMPERT just society. I would like to be a member of the 2003, Delegate/ACLU Biennial Conference 2003. CLAUDIA ANGELOS ■ ■ NYCLU Board so that I may participate in its criti- ■ ■ cal work of social change. STATEMENT TOM FREY My first term on the NYCLU Board has been an E. CHRISTOPHER MURRAY ■ ■ Steven J. Hyman education. The Board is an entity that must con- ■ ■ Attorney; NYCLU Cooperating Attorney, member of the tinue to expand and promote diversity, in all EDWIN J. LOPEZ-SOTO Board of Directors for more than 30 years and President aspects. It is also important for the Board to pro- CHAUMTOLI HUQ ■ ■ of the Board from 1995-2001; currently chair of the Legal mote inn o vative fundr a i sing campaigns and ■ ■ Committee to the Board. establish stronger ties with our affiliates and ANITA MILLER chapters. Most significantly, we must continue to RONALD TABAK ■ ■ STATEMENT encourage and support our staff. If re-elected,I ■ ■ I seek re-election to the Board of Di r e c t o r s will continue to work towards these goals. ANTHONY M. FELDMESSER because I believe that the NYCLU remains the STEPHEN CLARK ■ ■ most important organization in this state dedicat- E. Christopher Murray MARGARET FUNG ■ ■ ed to protecting our civil liberties.As a past pres- Attorney,Associate Legal Director and Member of the ident, I endeavored to help build a strong and Board of Directors of the NYCLU, Nassau HENRY K. BARANCZAK, JR. ■ ■ aggressive organization which could meet these RIVONA EHRENREICH ■ ■ challenges state-wide. In the current climate so STATEMENT infected by the fear of terrorism, the NYCLU is all I believe my experience and profe s sional tra in in g JONATHAN FELDMAN ■ ■ the more necessary to help to prevent further ero- will be an asset to the NYC LU Board. My activi- JONATHAN HORN ■ ■ sion of our civil liberties. I, therefore, remain com- ties as cooperat ing att o rney for the NYC LU hav e mitted to strengthening and expanding the NYCLU incl u d ed representing: a student suspended fo r DANNY GOLDBERG ■ ■ and continued membership on the Board is the w r i t ing a “s c a ry” s t o ry; 19 students of Indian STEVEN J. HYMAN ■ ■ more effective way to accomplish this goal. descent arrested for tr e s p a s sing on school g r o u n d s, w h ile Caucasian students who were NANCY HOLLANDER ■ ■

Visit us at www.nyclu.org NYCLU News ■ Spring / Summer 2004 5 NYCLU Challenges Federal Abortion Ban By Rebekah Diller

n March 29, 2004, the trial began in The ban is not only sweeping, it is also bad medi- The NYCLU’s Reproductive Rights Project is National Abortion Federation v. Ashcroft, cine. It covers medically appropriate abortions in the co-counsel with the ACLU Reproductive Fre e d o m Othe ACLU’s challenge to the federal abor- second trimester that doctors say are safe and among P roject in the challenge, along with the Illinois tion ban in federal court in Manhattan. The lawsuit the best to protect women’s health. For this reason it is ACLU and the law firm of Wilmer Cutler challenges the so-called “Partial-Birth Abortion Ban opposed by the American College of Obstetricians and Pickering. On November 6, 2003, the Hon. Judge Act of 2003.” The plaintiffs are the National Gynecologists and many other medical orga n i z a t i o n s . R i c h a rd Conway Casey issued a temporary A b o rtion Federation, whose physician members The ban dangerously fails to include any exception for restraining order prohibiting Attorney General provide the majority of abortions in the United a woman’s health or for fetal anomalies. A s h c roft from enforcing the law against NAF and States, and seven individual physicians. As of press Just four years ago, in a case called Stenberg v. its members throughout the country. In two other time, we still awaited a decision in the case. Carhart, the Supreme Court struck down a similar cases in San Francisco and Nebraska, federal The case challenges this broad and intentionally Nebraska ban on two grounds. The Court held that judges also issued temporary restraining ord e r s misleading ban which would outlaw abortions as the ban impermissibly endangered women’s health b a rring the law from being enforced. Trials in early as 13 weeks in pregnancy. Forty states, includ- and imposed an undue burden because it reaches those cases also began on March 29 and decisions ing New York, already ban third trimester abortions dilation and evacuation procedures, the most com- w e re awaited as we went to press. ❖ except when the life or health of the woman is at mon form of second trimester abortion. Plaintiffs stake. This new ban reaches much earlier in preg- showed at trial that this federal ban suffers from the Rebekah Diller is Director of the NYCLU’s nancy and is not about women giving birth. same two fatal flaws. Reproductive Rights Project. NYCLU Launches Indigent Defense Campaign

s the forty-first anniversary of Gideon v. reform efforts. loads, inadequate attorney-client contact, ineffective Wainwright — the 1963 Supreme Court The NYCLU has been receiving complaints case management, and lack of training, supervision, A case that established a constitutional right from around the state that indigent criminal defen- and oversight. After the investigation revealed these to free counsel for poor criminal defendants — came dants are not receiving the legal defense services problems, the Albany County Legislature increased on March 16, the NYCLU refrained from celebrat- re q u i red by the United States and New Yo r k the public defender’s budget by $266,000 to hire ing. That’s because the guarantee of Gideon does Constitutions. The NYCLU investigations in several three additional public defenders and support staff not ring true throughout much of New York State. counties have entailed observing county, city, and and to provide additional training, support, and To address this situation, the NYCLU has town and village courts; interviewing public defend- professional development. launched an indigent-defense project. Since last fall, ers, assigned counsel, judges, local activists, and Our progress in Albany is an important step but NYCLU attorneys and volunteers have been work- defendants; and examining statistics and records. only a first one. Over the next year, we expect to ing in several upstate counties. And in May, Stephen Last fall, an NYCLU study of the Albany complete several more investigations and hope to Downs, the former Chief Attorney in Albany for the County public defense program revealed serious lay the foundation for major systemic re f o rm s ❖ New York State Commission on Judicial Conduct, deficiencies in the quality of representation provided across the state over the next several years. will join the NYCLU in these investigative and to indigent defendants, including excessive case-

NYCLU Files Suit on Behalf of Lesbian and Gay Couples’ Rights to NYCLUONLINE (Continued from page 2) Marry (Continued from page 1) a l ready engaged in discussions with police off i c i a l s and political officials, and you can read more about legislation that would recognize same-sex marr i a g e education and lobbying at the local level. It will be what we’re doing on p. 8 in Chris Dunn’s article. Our in the Domestic Relations Law. Assemblyman Richard this endeavor that ultimately diminishes the igno- Web site will play a critical role as the convention Gottfried has introduced the bill in the Assembly. T h e rance, fear and suspicion that sustains the animus g rows closer. It will keep the public apprised of all N Y C L U ’s chapters throughout the state are engaged t o w a rd gay men and lesbians and re t a rds full re c o g- developments as the NYCLU negotiates and possibly ❖ in what is perhaps the most important work: public nition of their civil rights. litigates “time, place and manner” restrictions on demonstrations and rallies with the police, the Secre t S e rvice and other law enforcement agencies. We ’ l l post multilingual know-your-rights fliers that can be NYCLU Says No To Salvation Army Discrimination (Continued from page 1) printed out, copied and distributed to protestors. And once the convention has concluded, we will publish ‘p r each the Gospel of Jesus Christ.’” pr ograms, balked at signing and circulating the WWM online a comprehensive re p o rt analyzing the role of fo r m. “I do not think my religious beliefs, nor the rel i - NYCLU Legal Director Arthur Eisenberg noted law enforcement in respecting and protecting people’s gious beliefs of the 800 employees in Social Services for that The Salvation Army’s new employment practices right to protest Ch i l d r en, are any business of The Salvation Army ,” said “have injected religion into the workplace in ways My goal is to make our new Web site a place where Lown. Greissman said, “As a Christian, I deeply res e n t that violate the anti-discrimination principles of the NYCLU members throughout the state can go to become the use of discriminatory employment practices in the F o u rteenth Amendment.” As Donna Lieberm a n we l l - i n f o r med civil liberties activists. You will find the lat- name of Christianity.” Both women resigned rather emphasized, “This case is not about the right of The est information about the NYCLU’s litigation, lobbying, than force other employees to sign the disputed form. Salvation Army to practice or promote its religion. public education and organizing activities. You will find For now, The Salvation Army has agreed that plain- They have every right to do so, but not with govern- analysis and commentary by affiliate leaders on the major ti f fs in the case do not have to sign the form, but accord- ment money.” civil liberties issues of the day. And, you will find the tools you need to make your voice heard in town meetings, city ing to NYCLU Staff Attorney Beth Haroules, “newly Deborah Karpatkin is co-counsel on the case councils and the state capitol. installed plaques in the elevators of the Social Servi c e s along with Martin Garbus of Davis and Gilbert. So, go to www.nyclu.org and join our email list. As of fices remind employees daily that they must support The latest on this case can be found at the list grows, so will our power to make a difference. www.nyclu.org. ❖ the religious mission of The Salvation Army which is to Please sign up today! ❖ 6 NYCLU News ■ Spring / Summer 2004 Visit us at www.nyclu.org NYC LU Lee Che Leong: P ROF I L E A Vibrant Young “Old Timer” Activist

he twenty-six year old Director of the a l t e rnatives for juveniles in the Anchorage Leong has come a long way from her visit Teen Health Initiative (THI) at the Youth Court. She also served as a volunteer to the Planned Parenthood office at the age of T NYCLU, Lee Che Leong, already has a coordinator at Claire House, a domestic vio- eleven. “My daily work offers the opportunity long list of outstanding achievements. The lence shelter. proud feminist began her dedication to pro- At Willamette University in choice efforts at age 11 after accompanying a O regon, Leong ran her campus friend to Planned Parenthood for a pregnancy p ro-choice group while at the test. As director of THI, Leong works to same time volunteering for an remove the barriers that prevent young people O regon pro-choice group. She from accessing critical reproductive health serv- also coordinated voter re g i s t r a- ices and information. This advocacy is conduct- tion drives in 1996 and 1998, ed through THI workshops that focus on canvassed for pro-choice candi- minors’ rights to receive confidential reproduc- dates and participated in the tive health care. In addition, THI runs interac- O regon Wo m e n ’s Political tive peer education presentations for profes- Caucus. As a senior, she built a sionals who work with young people. This p a rtnership with the faith com- work has brought her recognition. Recently munity and a sorority to org a n i z e Leong was named by Choice USA as one of “30 a vigil for Matthew Shepard, and ■ Lee Che Leong, feminist activist under 30” activists for choice. “I continue to also led a queers’ rights alliance. feel incredibly fortunate to be doing what I am, All these early, activist efforts even when it gets exhausting,” says Leong, who p re p a red Leong well for her grew up in Anchorage, Alaska as the daughter important work with THI. Her strong leader- to help advocates improve the lives around of first generation immigrants. ship sets an example and has influenced and them. More gratifyingly, I also have the pleas- Throughout high school she volunteered for touched the lives of younger women who work ure of helping teens reach people and organiza- causes which ranged from aid to low income with her. One of her peer group leaders, tions dedicated to protecting their rights and women to advocacy for queer youth and com- Lindsay Roberts, was named a recipient of the their health.” ❖ munities of color. Later, Leong advocated for ACLU Youth Scholarship.

Students Rights Victory: Privacy Protected

usan Roe and four other young women July 2003, charging the Department of Edu- by August 2004. A relieved Susan Roe issued no longer attend IS 164, a middle school cation and the school’s administrators with vio- this statement: “I’m really glad that they’re S in New Yo r k ’s Washington Heights lating the students’ constitutional rights. “The changing the rules and training principals so n e i g h b o rhood, but their brave stand has school system could have stopped this from they know what the rules are. It’s really good achieved a victory for students’ privacy rights. happening, but didn’t,” said Donna Lieberman, because it means that other kids are n ’t going All New York City middle school and high executive director of the NYCLU. to have to go through the same thing I did and school students will now have such rights clear- After the lawsuit was bro u g h t , feel bad like I did. It was so embarrassing and ly stated as part of NYC Department of R e p roductive Rights Project Director Rebekah made me feel small.” Education policy as a result of a settlement with D i l l e r, Project Counsel Anna Schissel and Pamphlets detailing the privacy and educa- the NYCLU on behalf of the five girls at the cooperating attorney Caroline Mala Corbin, tional rights of students in re p roductive health center of a reproductive health controversy. u n d e rtook months of intense negotiation took a reas will be provided to every middle school In the spring of 2003, several 13-14 year place with the DOE which then agreed to and high school as a result of this settlement, old girls allegedly took part in a “hooky party” revise its policies as part of a settlement with but will be distributed to students only upon and were also accused of engaging in sex at the NYCLU. Such policies will now make clear to request. “We are also deeply concerned that party. The principal of their school suspended school officials that they may not re q u i re stu- the DOE isn’t doing enough to ensure that stu- the girls and demanded that they submit to dents undergo or reveal the results of pre g- dents know their rights and can protect them- gynecological examinations and tests for preg- n a n c y, STD and HIV testing nor can they selves,” said Lieberman, but added that nancy, sexually transmitted diseases and HIV exclude students for being pregnant, having an NYCLU will do its part to get the word out to b e f o re they could re t u rn to classes. STD or being HIV-positive. In addition, DOE students. Reproductive Rights Project Dire c t o r Administrators refused to allow the girls to will ensure that all middle school and high Rebekah Diller hailed the change in policy as return to their classes until they submitted notes school principals and guidance counselors, recognition that “a student’s private re p ro d u c- showing the results of these tests. The NYCLU receive training on the new policy and DOE tive health information is not the school’s filed a federal lawsuit on behalf of the girls in must submit a pro g ress re p o rt on this training business.” ❖

Visit us at www.nyclu.org NYCLU News ■ Spring / Summer 2004 7 Bill of Rights Defense By Udi Ofer Resolution Passes in NYC

n February 4, New Yorkers made history York City into the largest city in when an overwhelming majority of New the nation to reject the notion OYork City Council members (36-13) voted that civil liberties and national in favor of Resolution 60, the Bill of Rights resolu- security conflict. NYCLU exec- tion. Deliberating just a few short blocks from the utive director Donna site of Ground Zero, the Council’s vote turned New Lieberman said: “It’s not neces- sary to violate the Constitution and the Bill of Rights in order to protect public safety.” New York City is now one of 275 communities along with 4 states that have passed such a resolution. “The Bill of Rights resolution aff i rms New Yo r k C i t y ’s respect for civil libert i e s ■ M a r c h ing for Wo m e n’s Lives on Ap r il 25th in Wa s h in g t o n,D. C.: (l-r) Dawn Yu s t e r, and civil rights,” said Council NYC L U staff att o rney; Rebekah Dill e r, NYC L U Reproductive Rights Project Director and Tanaz Ta l e b p o u r, NYC L U volunteer. Member Bill Perkins, the re s o- l u t i o n ’s primary sponsor. “Even as we continue to cope with the tragedy of Udi Ofer is Project Director of NYCLU’s Bill of ■ NYC L U honored for spearh e a d ing Bill of Rights Defe n s e 9/11, we as New Yorkers and as Americans must Rights Defense Campaign. Campaign in NYC. ( l - r ) ,C o u n cil Speaker Gifford Mill e r, NYC LU ’ s not surrender the basic constitutional pro t e c t i o n s Udi Ofe r, C o u n cilman W illiam Pe r k in s. that we hold dear.” ❖

NYCLU Gearing Up to Protect Protest at the By Christopher Dunn Republican National Convention

he Republican National Convention is com- to protest, and preparing to publish a study once the about how to otherwise get to the event; the use of ing to New York City this summer. There is Convention is over. barricades to create “pens” in which demonstrators T a strong likelihood of support for and prot e s t The NYCLU represents many of the groups are confined; the use of mounted officers to disperse against the policies of President Bush. Coming in the planning large demonstrations for the RNC and has lawful demonstrators without giving them any midst of the war in Iraq, in the aftermath o f been meeting with high-level NYPD officials since warning and without them having space to disperse; September 11th, and the ongoing controversies over December of last year to negotiate permits on behalf and the general searching of demonstrators without NYPD policing of demonstrations, the RNC prom- of these groups. If the Police Department unreason- any individual suspicion of wrongdoing. The three ises to be a watershed event in the history of protest ably denies the permit requests of any of our clients, federal cases arise out of the widespread complaints in New York City, and perhaps the country. we will be prepared to go to court, as we have done about the NYPD handling of demonstrations last The NYCLU is gearing up on many fronts in in the past. year (particularly the February 15, 2003 antiwar anticipation of the Convention. This is consistent We are in the midst of three federal cases which demonstration). Through these cases, we seek per- with our long history of working to protect the right challenge four police practices we expect to be used manent reforms of police practices. to protest. We are helping groups obtain permits, at the Convention. The contested NYPD policies Complementing our litigation is a broad public- pursuing litigation to curb excessive police tactics, are: the closing of streets and sidewalks leading to education campaign. In an effo r t to secure the right educating groups and individuals about their right demonstrations without providing inform a t i o n to protest at the RNC, we have written Mayor Michael Bloomberg about policing at the Convention. We also have provided “know your Help the NYCLU ensure First Amendment rights for those at tending rights” presentations and materials, published an op- the Republican National Convention.Your support will enable us to fight ed piece in Newsday, and recently created a special for the right to safely and peaceably demonstrate during this historic event. page on our Web site dedicated to the Convention. Please send a generous gift today! (Please go to www.n y c l u . o r g for the details.) We expect to expand these effo r ts as the Convention ❏ Enclosed is my check payable to the NYCLU in the amount of: ❏ $1,000 ❏ $500 ❏ $250 ❏ $100 ❏ $50 ap p r oaches and will have a delegation of NYCLU ❏ Other____ st a f f and volunteers involved in every aspect of pr otest activity during the Convention itself. Name Finally, after the Convention is over, we will Address publish a report chronicling the event and the les- sons to be learned from it. We prepared a similar City State Zip report, called “Arresting Protest,” after the February ❏ Please charge $______to my ❏ AmEx ❏ Visa ❏ MasterCard 15, 2003, antiwar demonstration (you can get a copy from our Web site), which was widely distrib- Cardholder Name uted and discussed. This report will serve as a his- Account # Exp date torical document of this historical event in New Signature York City. ❖

New York Civil Liberties Union 125 Broad Street, 17th Floor, New York, NY 10004 Christopher Dunn is associate legal director of the Tel: (212)344-3005 Fax: (212)344-3318 N0405 NYCLU.

8 NYCLU News ■ Spring / Summer 2004 Visit us at www.nyclu.org