OREGON NEWS in This Issue: Legal News, 2009 Legislative Preview
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OREGON NEWS IN THIS ISSUE: LEGAL NEWS, 2009 LEGISLATIVE PREVIEW ISSUE 2, VOLUME 43, FALL 2008 NOVEMBER RESTORING THE BALLOT MEASURES CONSTITUTION IS ACLU TAKES POSITIONS ON MEASURES 56, 58, 61, 64 – AND 57*, WITH AN ASTERISK IN YOUR HANDS he ACLU of Oregon has taken stands on five ballot measures for FROM THE EXECUTIVE DIRECTOR the November 2008 election, and the connection between two of Given the sheer volume of 1 those measures — 61 and 57* — may present one of the more the personality and gotcha difficult decisions civil libertarians will face this year. T coverage of the Presiden- Ballot Measures 61 and 57 both would expand mandatory mini- 2008 tial campaign, the U.S. mum sentences. ACLU opposes mandatory minimum prison sentences ALL Senate campaign and because they eliminate a judge’s ability to evaluate the facts of a case F many state and local rac- and consider the defendant’s character and history in determining a sen- es, it’s been easy to lose tence. track of the critical issues Measure 61, sponsored by Kevin Mannix, would greatly expand that hang in the balance in the use of mandatory minimum sentences to include non-violent prop- this year’s election. erty and drug crimes. Measure 61 would not allow for good-time credit David Fidanque Here at the ACLU, during incarceration, and it would ensnare many first-time drug offend- we’re doing what we can to give you the informa- ers in the criminal justice system with no funding or requirement of tion you need to hold elected officials and candi- drug-treatment programs. dates accountable to the Constitution. According to the state Department of Corrections, Measure 61 At the federal level, ACLU has launched its would cost close to $200 million per year in a few years’ time, increas- “Constitution Voter” campaign to encourage vot- ing the already-overcrowded prison population by more than 6,000 new ers nationwide to pledge to support candidates inmates. As a result there would be even more costs, requiring addi- who will support the Constitution — especially tional prison construction or mass out-of-state transfers. continued on page 4 for President. We’ve put together a transition plan for the next President that includes two stages. ACLU QUESTIONS On Day One, the next President should: • Ban the use of torture by the government — FPS SURVEILLANCE without exception; • Close the prison at Guantanamo and try the de- he misuse of government surveillance has been a common com- tainees in criminal court or under the Uniform plaint during the Bush Administration. Recently, the ACLU of Code of Military Justice; and Oregon discovered another disturbing wrinkle. • End the practice of “extraordinary rendition” T We are greatly concerned about the surveillance by a Federal — the kidnapping and torture of terrorism sus- Protective Service (FPS) agent of private citizens engaged in constitu- pects. tionally protected activities in Eugene. We have written to U.S. Senators In the First 100 Days, the next President Gordon Smith and Ron Wyden, as well as U.S. Rep. Peter DeFazio, ask- should: ing them to investigate key questions about the incident. • End warrantless spying; At issue are news reports that FPS agents were present May 30, • Purge government watch lists, including the 2008, during an anti-pesticide demonstration in downtown Eugene and “no-fly” list; in fact called the Eugene Police Department to the scene of a peaceful • Stop political and religious spying on activ- rally taking place in Ken Kesey Plaza. It is alleged that the FPS pointed ists; out a particular individual to Eugene police officers who proceeded to • Suspend the Real ID Act; arrest the demonstrator based solely on an FPS agent’s report from the • Enforce civil rights laws; scene. continued on page 8 continued on page 2 Because freedom can't protect itself. • Ban sexual orientation discrimination in the federal government — in- STAFF cluding eliminating the “Don’t Ask, Don’t Tell” policy in the U.S. mili- David Fidanque Evyn Mitchell tary; Executive Director Development Associate • Implement a moratorium on the federal death penalty; and Jann Carson James K. Phelps • Monitor “faith-based initiatives.” Associate Director Development Director You probably have other things you’d like to put on the next Presi- Pooja Bhatt Bonnie Souza dent’s to-do list. I know that I do. For example, I’d like the next President to Volunteer Coordinator/ Program Associate pledge to appoint federal judges who have a clear record of upholding the Office Manager Constitution and the rule of law. Claire Syrett Teresa Domka Southern District Field I’d also like a President who won’t pander to the fears of the American Development Associate Organizer people, but who will instead speak honestly to us about the greater dangers to liberty if we allow the government to undermine our fundamental consti- Andrea Meyer Stephanie Van Zuiden Legislative Director/ Fiscal Manager tutional protections. Counsel Closer to home, the ACLU of Oregon website offers all the informa- Brian Willoughby tion you need to talk to state candidates about critical civil liberties issues Chin See Ming Communications 2 Legal Director Director that are likely to come up in the 2009 Oregon Legislature. You can also find scorecards that show how current state legislators have voted on some of BOARD OF DIRECTORS the tough civil liberties issues in recent legislative sessions. 2008 Stuart Kaplan Directors And in this issue of the newsletter, we’ve also got a rundown on the President Sally Anderson-Hansell statewide ballot measures on the November ballot that will affect civil liber- ALL F Janet Bennett ties. Janet Webster Tamara Brickman But before you rush off to do your homework, I’d like to share a story Vice President Martha Brookes Policy Merry Demarest that illustrates how much work ACLU will have ahead of us even if we do Jaelle Draigomir manage to elect a President that will commit himself to reversing many of Jim Arneson Matt Friday Vice President the abuses of power carried out by the Bush Administration over the past Leonard Girard Litigation eight years. Jeff Golden Jeanne Goodrich On May 30 this year, police were called to the scene of an anti-pesticide Joyce Cohen demonstration in downtown Eugene by undercover agents of the Federal Vice President Barbara Gordon-Lickey Legislation Cary Jackson Protective Service (FPS). The FPS used to be a branch of the General Ser- Annabelle Jaramillo vices Administration and their job is to provide security at federal buildings. Keane McGee Cathy Travis Candace Morgan In the old days they were the folks who staffed the metal detectors before Vice President you enter a federal building or federal courthouse. Now they’re part of the Education Kris Olson Ralph Temple Department of Homeland Security and, apparently, they are the newest se- Val Aitchison Johnna Timmes cret police for the U.S. government. Secretary Heather Van Meter Derek Volkart So who authorized FPS agents to engage in political surveillance of Hank Miggins Leila Wrathall non-violent demonstrators who were gathered more than a half mile away Treasurer from the nearest federal building? Since they are part of Homeland Security, the FPS isn’t subject to the Attorney General’s guidelines that are supposed Fred Roy Neal III National Board to restrict political and religious surveillance of lawful activity. Representative (You may have heard that Attorney General Michael Mukasey has pro- posed to weaken those guidelines. We’re opposing that move because there CONTACT INFORMATION is plenty of evidence the FBI has been violating the current guidelines; the P.O. Box 40585 P.O. Box 50426 last thing we should do is weaken them further.) Portland, OR 97240 Eugene, OR 97405 We’ve written to U.S. Rep. Peter DeFazio and U.S. Senators Ron t/503.227.3186 t/541.345.6162 Wyden and Gordon Smith asking them to investigate the actions of the FPS agents. (For more on this, including our specific demands, see the story on page 1 of this newsletter.) www.aclu-or.org • [email protected] No matter who is elected President, it will take years to undo all the damage that has been done by the Bush Administration. Nevertheless, vote wisely because your vote will make a difference! For more information on the Constitution Voter Campaign, check out www.aclu.org. Visit www.aclu-or.org and click on “Legislation — Election 2008” for more info on state issues that you should discuss with candi- dates. Stay informed about civil liberties in Oregon at www.aclu-or.org Because freedom can't protect itself. GUARDING THE BOUNDARIES BY JEFF GOLDEN promising any important prin- This op-ed column originally ran July 21, 2008, in ciple. At the same time they the Ashland Daily Tidings and is reprinted here with sounded unimpressed with permission of the author. Jeff Golden, author and the ACLU’s fundamental commentator, is a member of the statewide Board of point that they were violat- Directors for the ACLU of Oregon. Excerpts of his most ing the constitutional ban on recent work, “Unafraid: A Novel of the Possible,” can be discriminating among vari- found at www.unafraidthebook.com. ous kinds of speech based on content. They don’t see “Political floats in the Ashland Fourth of July parade will no lon- themselves as tyrants, and ger be held to a different standard after the American Civil Liber- they’re not. ties Union Foundation of Oregon put pressure on the Chamber of What’s easy to miss Commerce ... ‘Because assessing a higher fee for political entries here is the ACLU’s role discriminates on the basis of the content of the entrant’s message and thereby burden free speech, it violates both the Free Speech Clause as a kind of early warning 3 of the First Amendment to the United States Constitution and the system.