GETGET ACTIVE!ACTIVE! SIGNSIGN UPUP FORFOR ACLUACLU OFOF MMICHIGANICHIGAN ACTIONACTION ALERTSALERTS www.aclumich.orgwww.aclumich.org

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

NUMBER 10 • VOLUME 5 • FALL 2005 Court strikes abortion ban again THREE STRIKES, YOU’RE OUT! SEPTEMBER 12 WAS A GREAT DAY FOR used to perform induced abortions or to or cardiac ailments and needed an abortion would be in direct violation of the MICHIGAN WOMEN when the ACLU of treat pregnancy loss.” to protect her health. Supreme Court precedent in Stenberg...” Michigan got the news that a federal court She went on to write, “The Act places Major medical organizations, including “We know that bans like this are part struck down a Michigan ban on abortion. an undue burden on the woman’s right to the Michigan State Medical Society, of a larger anti-choice agenda that extends This is the third time that the ACLU has reproductive choice, fails to contain lan- oppose the ban because it endangers beyond abortion to restricting family plan- successfully challenged the same version guage protecting women’s health. The ning, access to contraception and women’s of the law. the health of the judge cited declarations right to medical privacy,” said Moss. “The “This ruling adds to the long list of pregnant woman, submitted by Michigan job of the ACLU will be to continue to courts across the country that have reaf- contains a life physicians, including the defend the fundamental rights of women firmed that decisions about medical care exception language Chair of the Department in Michigan and that’s exactly what we should be left to a woman and her doctor, which is constitu- of Obstetrics and intend to do.” not politicians,” said Kary Moss, ACLU of tionally inade- Gynecology at Beaumont The plaintiffs in the case are Northland Michigan Executive Director. “Michigan quate, and includes Hospital in Oakland Family Planning Clinic, Inc., Summit 1 legislators should think of the phrase, language which is County that “the Act Medical Center, Planned Parenthood Mid- ‘three strikes you’re out,’ and move on to unconstitutionally would ban a physician’s Michigan Alliance, Planned Parenthood of 3 0 dealing with the problems of our state that vague.” ability to perform most South Central Michigan, and a group of 5 0 0 2 truly need their attention.” The lawsuit was abortion procedures individual physicians. The plaintiffs are 0 2 Federal court judge Denise Page Hood, filed on March 1, based on the definition of represented by Simon Heller of the Center R L E

the Act.” L agreeing with the ACLU, Center for 2005 on behalf of for Reproductive Rights; David Nacht of B A M

Reproductive Rights, and Planned reproductive health The Michigan legisla- David A. Nacht, P.C.; Talcott Camp and F E

Parenthood Federation of America, the facilities, obstetri- ture passed the abortion Chakshu Patel of the ACLU Reproductive C E

three organizations that brought the law- cian-gynecologists, ban last year despite two Freedom Project; Michael J. Steinberg and D suit, ruled that the Legal Birth Definition and their patients. previous failed efforts. In Moss of the ACLU of Michigan; and Act would outlaw virtually all abortions The ban would not only have prevented June 1996, the legislature passed its first Roger Evans and Donna Lee of Planned in the state and interfere with a doctor’s physicians from performing most abor- such bill. A year later, a federal judge Parenthood Federation of America. ability to provide other critical health tions, but also would have denied patients declared that ban unconstitutional because To read the decision, go to: care services. Judge Page Hood wrote, the safest medical care, even in cases when it was vague and overbroad. Similarly in http://www.aclumich.org/pdf/briefs/ “The Act ... creates a ban on actions at the patient’s life or health is in danger. 2001, a federal judge struck down a sec- lbdaopinion.pdf the heart of abortion procedures from For example, a doctor would have been ond ban for failing to include an exception the earliest stages of pregnancy, whether unable to provide a woman with an to protect women’s health. Judge Page abortion even if she suffered from diabetes Hood’s opinion also stated the “The Act ACLU POISED TO APPEAL JUDGE’S RULING IN FLINT RAID CASE AFTER TWO LONG DAYS spent in a Flint cigarette,” said Ken Mogill, the ACLU courtroom in August, Chief Judge cooperating attorney leading the 10 per- Ramona M. Roberts (68th District Court) son legal team. “That’s absurd.” refused the ACLU of Michigan’s request During the raid, dance club patrons to dismiss criminal charges against 93 were handcuffed and divided into two young men and women who had been groups - males and females. Most men arrested, strip searched and/or cavity were taken into a men’s bathroom and searched by the Flint police at a dance searched, sometimes two at a time, and club last March. The decision, released on told to raise their shirts, drop their pants September 8, left the ACLU of Michigan and underwear, and to bend over and and our clients disappointed but prepared cough. Some were told to put a finger into Club What’s Next? “When did it become a crime to enjoy music at a legal venue?” to appeal. All of the ACLU’s 93 clients their anus. Those who were still hand- were charged with “frequenting a drug cuffed had their pants and underwear in this incident to each its clients. www.aclumich.org/pdf/briefs/ house” although all were drug free. pulled down to their knees by officers. This case is the latest of several inci- flintraidbriefinsupportofmotionto “The ACLU is committed to defending One man was reportedly stripped on the dents involving misconduct by law dismiss.pdf these clients as long as it takes to vindi- side of the road after he had left the club. enforcement agencies that are under cate their rights. Our clients went to a Women were taken into a women’s investigation by the ACLU. Most recently, licensed and legal club on a Saturday night bathroom and searched, at times in the the ACLU joined a lawsuit against the to listen to music, dance and socialize. presence of others. Some were told to lift Saginaw County Jail for its shocking and They were all drug free and should never their shirts and bras in front of eight male unnecessary treatment of pre-trial IN THIS ISSUE: have been subjected to drug and cavity officers. An officer commented to one detainees, who were forced to strip and From the Capitol ...... 2 searches, much less arrest, said Kary woman about the size of her breasts and were held naked in segregated cells. Last From the Executive Director: Moss, ACLU of Michigan Executive asked if they were “real.” Several women year, the ACLU successfully resolved a A Close Look at the Courts...... 3 Director. have reported that they were subjected to class action filed on behalf of approxi- Do you have the right to not be searched?...... 3 On March 20, Genesee County Sheriff cavity searches. One woman reported that mately 250 women who alleged privacy Innocent civilian held in released...... 4 violations in the Livingston County Jail. and Flint Police undercover officers the officer did not change the latex glove ACLU successfully negotiates with MSP entered Club What’s Next, a dance club, in between searching her vagina and anus. The county subsequently agreed to imple- to help victims of identity theft ...... 4 ment policies to correct the longstanding to investigate possible drug activity. While “When did it become a crime for From the President: the undercover officers reportedly bought enjoying music at a legal venue?” said privacy violations. Can We Talk? ...... 5 In addition to Mogill and Gibbs, other drugs from certain individuals in the bar, Gregory Gibbs, ACLU-Flint Branch pres- At the Grassroots ...... 5 nobody represented by the ACLU pos- ident and one of the attorneys in the case. ACLU volunteer lawyers on the case include: Elizabeth Jacobs, Jeanmarie From the Legal Director: sessed drugs or drug paraphernalia. “Such a policy would have a tremendous Proud to be part of the ACLU ...... 6 Nonetheless, a team of police officers chilling effect on free expression.” Miller, Glenn Simmington, Dean Yeotis, LGBT Update ...... 7 raided the club and charged all patrons In addition to asking the court to dis- Chris Pianto, Matthew Abel and Michael who did not possess drugs with a misde- miss the charges, the ACLU informed the Segesta. Welcome to our new staff members...... 7 meanor for “frequenting a drug house.” court of the egregious police conduct and To read the ACLU Motion to ACLU victory protects healt care benefits “Unless this decision is reversed, the asked that she direct the arresting agencies Dismiss, go to: www.aclumich.org/pdf/ for same-sex families...... 7 police will be able to arrest any one in a to return all records of each arrest, includ- briefs/flintraidmotiontodismiss.pdf Meet Our Honorees / licensed nightclub or any music concert ing photographs, fingerprints and photo- To read the ACLU Brief in Support 2005 Annual Dinner...... 8 whenever a stranger lights up a marijuana graphic negatives, and any other records of the Motion to Dismiss, go to: FROM THE CAPITOL How loud can SHELLI WEISBERG pon returning from summer 15,000 break the legislature quickly Uattended to the business of passing the budget, and is now mov- people be? ing on to those issues which seem to more often pique the interest of civil libertarians around Michigan. Find out now! THE ACLU OF MICHIGAN now has a concerns nor does it address the overall gerous predators. Because convicted simple and quick way for you to make inefficiency of the system. Both bills have offenders are required to remain on the your voice heard in Lansing and in passed the House Judiciary Committee list for a minimum of ten years, and many Washington on these crucial issues. Our and will soon be voted on by the full are on for life, those who serve their sen- Action Alert Network has proven to be a House. Senate hearings are not yet sched- tence and successfully complete treatment tremendous tool for our grassroots effort uled. continue to be vilified. The ACLU was instrumental in con- Sign up for to get our messages to elected officials. WOMEN’S REPRODUCTIVE vincing some key legislators that the One legislator recently commented on the CHOICE influx of e-mails regarding the new reso- underlying problems with the Michigan Among the numerous bills introduced lution to appeal the ACLU victory in the Sex Offender Registry need to be this session that impact a woman’s right domestic partnership benefits lawsuit. addressed. They have promised to include to choose, HB 4446 has made the biggest Your e-mails do make a difference. Please us in a workgroup to review and make splash. Basically, this bill would require ACLU of help us in advocating for other future civil recommendations for a more effective an abortion provider to offer a live ultra- liberties issues by joining the ACLU of registry in Michigan. As yet, the group sound viewing of the fetus prior to an Michigan Action Alert Network at has not been assembled. In the meantime, abortion procedure. Many of the abortion 2 www.aclumich.org. the package of bills referred to as the providers in Michigan already perform an “Student Safety” package passed their DUE PROCESS ultrasound, so on its face this legislation respective chambers and were recently Michigan I reported in the last newsletter that may not seem particularly troublesome to signed by the Governor. Attorney General Mike Cox issued a pro-choice legislators. However, it inter- 2005 report in May, More Cops on the Streets feres with the patient/doctor relationship JUVENILE JUSTICE Proposal 2005, which calls for substan- and further burdens a woman seeking an A proactive project of the legislative ALL

F tially limiting the number of preliminary abortion. program is to advocate for juvenile justice exams in the hopes of making Michigan While we made some progress on the legislation, specifically legislation to Action Alerts courts more efficient, reducing jail over- bill, like restricting the ultrasound to address the issue of those serving manda- crowding and keeping law enforcement within 24 hours of the abortion instead of tory life sentences without the possibility officers on the street instead of in the at least 24 hours before (which would of parole for crimes committed while they courthouse. As a result, legislation was require an extra trip to the provider), it were minors. The ACLU report, Second introduced in both the House and the passed the House with considerable force Chances: Juveniles Serving Life without Senate (HB 4796-4800 and SB 542-545). (69% of the House voted in its favor). Possibility of Parole in Michigan Prisons, aclumich.org If these bills pass, preliminary exams in Fortunately, Governor Granholm has has been distributed to every member in felony cases would be at the sole discre- expressed a willingness to veto this leg- both the House and Senate. Along with tion of the prosecutor. islation if it passes the Senate. The ACLU, Deb LaBelle, the author of the report and Passage of these bills, as they’ve been along with our pro-choice partners in ACLU cooperating attorney, we have met introduced, would be problematic. The Lansing, are working to make sure this with key legislators and the Governor’s ACLU believes that preliminary exams bill either fails in the Senate or survives office to review this issue and to take help ensure fundamental fairness to both a veto. action on the necessary changes in the law. sides throughout the criminal justice STUDENT SAFETY ZONES process. The premise of the proposal, to A national report, The Rest of Their A few months ago, Governor keep police on the streets and to reduce Lives – Life without Parole for Child Granholm asked the legislature to intro- costs, must be achieved in ways that do Offenders in the was duce bills that would give school-aged not compromise due process rights or do released on October 12 by Human Rights students greater safety in Michigan. The damage to our system of justice. Watch and Amnesty International. The Governor concluded that barring sex On behalf of the ACLU, Attorney report, which details the issue of juveniles Staff offenders from 1,000 feet of schools Kary L. Moss ...... Executive Director Kenneth Mogill and Professor Ronald sentenced to prison for life state by state, would increase the safety of students Michael J. Steinberg ...... Legal Director Bretz of Thomas M. Cooley Law School lists Michigan third in the nation for the within those schools, and asked for quick Wendy Wagenheim . . Communications Director testified, arguing that such elimination number of individuals incarcerated for passage of such legislation. Hence, the Desirnaí Hicks...... Development Director would sever a key component of due life for crimes committed while they were legislature simultaneously introduced bill Jay Kaplan ...... Staff Attorney process. The ACLU is not alone in our minors. LGBT Project packages that include HB 4932 and SB opposition to the bills. We are working Shelli Weisberg ...... Legislative Director 617, which prohibit sex offenders (SB MAKE YOUR VOICE HEARD closely with District Judge Kyle Higgs Mary Bejian ...... Field Organizer 617 specifies parolees) from living, work- The Statewide Legislative Committee Tarrant of Saginaw County and the Brenda Bove ...... Paralegal ing, or loitering within 1,000 feet of held its summer organizational and goal Michigan District Judges Association, Cynthia Nicely ...... Bookkeeper schools. setting meeting in Lansing on September also opposed to the legislation. Carmetta Jones...... Administrative Assistant While we agree that every person in 24, 2005. One of our goals is to expand We will also continue to work with the Nolita Rice...... Communications and Michigan deserves to be safe from dan- our database of individuals willing to lend Field Assistant Prosecuting Attorney’s Association of gerous offenders, the Michigan Sex their expertise on specific issues as they Michigan to reach a compromise on the Officers Offender Registry (MSOR), as it is cur- come before the legislature. Anyone who legislation that will address our concerns. Jim Rodbard ...... President rently structured, has a number of prob- is interested in being available for expert To that end, the State Bar Criminal Law Joseph S. Tuchinsky ...... Treasurer lems, making this legislation inherently opinion, testimony, or has a particular Section has prepared a resolution offering Heather Bendure ...... Secretary flawed. The ACLU expressed these con- connection that may be helpful to ACLU Mark Granzotto ...... General Counsel an amendment that would preserve the cerns in testimony opposing HB 4932. issues, please contact me so we can add Jacquelin Washington. . Executive VP ACLU Fund due process rights of defendants while The MSOR, which is now linked to a you to our database. It is always to our addressing the flaws in the system. This National sex offender registry, does not benefit when elected officials in Lansing Civil Liberties amendment is supported by the Michigan delineate between those truly dangerous hear from their ACLU-member con- Newsletter District Judges Association. predators who are at a high risk for re- stituents. A substitute bill (HB 4796) to replace Wendy Wagenheim, Editor offense and those individuals who are on Please feel free to contact me at Published by the preliminary exams with a mandatory pre- the list because of either a youthful indis- [email protected] if you would American Civil Liberties Union / trial conference in certain cases has also cretion or who pose no risk to the com- like more information on any of these ACLU Fund of Michigan been adopted by the House Judiciary munity. The result is that the public issues. 60 W. Hancock Committee, but it does not alleviate our Detroit, Michigan 48201-1343 views all listed individuals as highly dan- www.aclumich.org versity campuses,anddisabilityrights. onuni- recruiting the righttodie,military exercise ofreligion,searchandseizure, involving freespeech,the abortion, s bers. to the issuesmostimportant ACLU mem- often thecriticalswing vote onmany of especially becauseshewas important Justice O’Connor’s replacementwillbe e patients toseekaph state law. That Act allows terminally ill ifthey assistedinimplementingthe drugs licensestoprescribenarcotic doctors’ with Dignity Act by threateningtorevoke improperly Oregon’s undermined Death d a that theCourthasagreed to hearthisterm. the new composition ofthecourt willaffect thecases Bush, we are alltaking anespecially close look athow nomination ofHarrietMiers, legal counsel to President W drunk anydrunk alcoholic beverages, Township thatPlattehadnot Iraq. Inspiteof the fact for Iraq. The classmate was later killedin enlisted intheMarinesandwas leaving honor ofahighschoolclassmate who had in party Thomas Township in July 2004in 19 years oldwhen sheattendedasmall as defendants. of theMichig and Colonel also namesGo municipalities andagencies,thela Sherif Depar Central Michigan University Police Michigan StatePolice,Department, fromthe MountPleasantPoliceofficers Patrol.” PatrolThe Party iscomprised of force thatreferstoitselfasthe“P do thesameb Mount Pleasantmenw although the T lawsuit afterthey were forcedby Thomas (Mich. Comp.Laws §436.1703(6).) ci to take testsinMichigan areguiltyofa have asearchwarrant. Those who refuse breathalyzer testwhen thepolicedonot minors who arenotdriving torefusea tomake itillegaltry foryoung adultsand Federal DistrictJudgeDavid Lawson. ordinance, thecasewillbeheardb Michig young adultsandminorsthroughout and sohasfar-reaching implicationsfor thiscasechallengesastatelawnance, but casechallengedaBay Cityordi- The first obtainingasearchwarrant. without first under age21totake aBreathalyzer test that allo la the F DO Y eries of important civil cases eries ofimportant liberties nd strictly controlledcircumstances. The nding theirlifeundercarefull ecide whether thefederalgovernment ownship policetosubmitbreathtests OR THESECONDTIMEINTW wsuit on vil infractionandmustpa I T A Katie Platte,oneoftheplaintif Two Saginaw the Countywomen filed Michigan istheonly stateinthecoun- FROM THEEXECUTIVEDIRECTOR KARYL.MOSS, ESQ. n A he Court already hasonitsdocket a he Court Lawsuit challengesLawsuit unconstitutional breathalyzer tests for pedestrians G CLU of Michigan filed afederal CLU ofMichigan filed f’s Inadditiontothese Department. tment, andtheIsabellaCounty an. onzales v. Oregon ws policetoforcepedestrians As inthechallengetocity August 4challengingala CLOSE LOOK AT THECOURTS y hadnotbeendrinking. Two T an StateP y aninteragency policetask adarial Sturdi OU HA v ernor JenniferGranholm ernor ysician's assistancein States Supreme Court,andwithnews ofthe the positionofChiefJustice oftheUnited ith theSenate’s approval ofJohnRobertsto olice Depar ere alsoforcedto , the Court will the Court y a$100fine. v ant, Director y limited fs, w VE THERIGHTTO NOT BESEARCHED? tment, wsuit ar as ty O YEARS, w y t r dents inthatcase. death. The ACLU representstherespon- of for seriousmedicalemergencies short because itdoesnotincludeanexception Hampshire’s law parentalnotification of Appeals properly down struck New t Hudson v. Michigan on ourbehalf. Daveattorney Moranwillargue thecase Cooperating “knock-and-announce” rule. seizeditafterviolatingthe ment officials d t case filed by the case filed ACLU ofMichigan, brief. ACLU hassubmittedanamicuscuriae asked whether ornot they hadconsumed students were thenplacedin acircleand students, forcing themtotheground. The Patrol”“Party arrived began and grabbing inMay, party graduation 2003when the from Mt.Pleasant,w Ste Isabella County Berden hadnotbeendrinking. b refused thetest. w rant b breath test. family, and demandedthatshetake a Berden’s houseat4:00a.m.,woke her she hadfor of she lefttheparty, Thomas Township police tion fromSwan Valley High School. After a friend’s housetocelebratehergradua- 18 years oldwhenat sheattendedaparty out awarrant. for any otherreasonandwith- under arrest e under 21tosubmitbreathal ing w recentl breathal undertheageof21tosubmit party young adultsandforceeveryone atthe quently attendedby breakupparties Thomas Township areknown tofre- breathalyzer test.” they’re innocentby having totake a ple areassumedguiltyuntilthey prove proven guilty, inthiscaseyoung but peo- “You’re supposedtobeinnocentuntil dent atSaginaw Valley StateUniversity. lem, would gotojail. if they refusedtotake abreathtestthey that police toldherandothersattheparty his term is a challenge to the first federal is achallengetothefirst his term he important questionofwhetherhe important evi- he Court will reviewhe Court whether theCourt elated issuethatma ven thoughthey were notdriving or ence may beexcluded iflaw enforce- lood-alcohol level, indicatingthat ould beinviolationofthelaw ifshe f icers arrived andfoundherpursewhich w A The Court willalsotake alookat The Court Similar prob A secondplaintiff, Ashley Berdenwas According toPlatte,thepolicein “I wasn’t drinkingorcausingaprob- ” saidKatiePlatte,no ar nd in ut nonethless informed herthatshe ut nonethlessinformed here shelives andforcedallthose y raided an apartment inthebuild- y raidedanapartment t andSamManess,tw yzer tests.SVSUpoliceofficers A The policedidnotha yotte v. PlannedParenthood, gotten. The testregistered a.00% lems ha . F or e y . The ere atachaperoned Another important This casepresents come totheCour y thenw v xample, Cullin w anhonorsstu e occur o y oung men yzer tests ve awar- red in ent to t - minors totake unconstitutionalbreatha- enforcement agencies tostopforcing neys advising themtourge theirlocallaw to 425city, villageanduniversity attor- ACLU ofMichigan sentlettersoremails alyzer test. nonetheless requiredtosubmitabreath- wasthat hehadnotbeendrinking,but any alcohol.Mr. Stewart statedtruthfully right. rant becausedri to suspecteddr the abilityof v ing doesnotappl search w w naril search, (2)theFourth Amendment ordi- Amendment because(1)abreathtestis that theordinanceviolatesFourth lenged by the ACLU. JudgeLawson held nance thatisidenticaltothestatelaw chal- down asunconstitutionalaBay Cityordi- M. Lawson inNovember, 2003struck struck downstruck asimilarstatelaw in enacted by aftertheCourt Congress procedures,whichban onabortion was i w may dealing arrive attheSupremeCourt may beappealedtotheSupremeCourt. by theEighthCircuitinJuly and affirmed C t havecourts declaredthebanunconstitu- Stenberg v. Carhart C p joined b upheld thecommissionsinanopinion ing thelaws ofwar. The D.C. Circuit Guantánamo detaineesaccusedofviolat- established by PresidentBushtotry commissions challenge tothemilitary Ashley Berden andKatie Platt ssues. ional –New York, Nebraska,and ehicle andthe ACLU didnotchallenge rocess, r arrants, and(3)noexceptions tothe arrants, alifornia. alifornia. The Nebraskadecisionwas onventions arenotjudicially enforce- ith nationalsecurityandpost-9/11 A r F There areseveral possible casesthat ollo y prohibitssearcheswithoutsearch uling b H wing JudgeLa arrant requirementapply.arrant The rul- y amdam v. Rumsfeld Judge Roberts and,Judge Roberts inthe uled thattheGene y U unk dri ficers togive breathtests ficers ving isapri .S. DistrictJudgeDa y todrivers ofamotor (2000). Three district v ers withoutaw wson’ vile s decision, i nvolves a ge, nota vid ar- v a Moran, alongwithSteinber Widick, William StreetandDavid A. ACLU Cooperating Marshall Attorneys breathylizer testsonceandforall.” today’s casewillstopunconstitutional Michigan Legal Director. “We hopethat said MichaelSteinberg, ACLU of police ha manybut municipalitiesandthestate ple’s privacy rightsthroughoutthestate, wouldruling ofyoung stoptheabuse peo- lyzer tests.“We expected thattheBay City position, goto: go to: decision, palities afterthefederalcourt paper editorialsinsuppor including thedecisionandse halyzercityattorneyletter.pdf http://www.aclumich.org/pdf/briefs/breat statebr www ar modules.php?name=News&file= y b Hyatt (Seear Dinner onNovember 19attheDearborn Rights. Pleasecometothe ACLU Annual programs ifwe want toprotect theBillof legislative, educational,andorganizing is especially criticalthatwe upour bulk A j decisions. aboutCourt information site – c A atO’Hare American citizenarrested to designateanddetainJosePadilla, an sion upholdingthePresident’s authority review theFourth Circuit’s recentdeci- able. mayThe Court alsobeasked to udicial nominationsthatthecurrent ombatant.” ou candotohelp. e ticle&sid=322 dministration hasbeenable tomake, it irport inChicago,asan“enemy irport T The plaintiffs arebeingrepresentedby To readthelettersenttomunici- T inspired Given therelatively large numberof Please visitthenational ACLU web- o readthecomplaint,goto o readabouttheBay Citycase, .aclumich.org/pdf/briefs/ eathalizerlaw.pdf aclu.org v e ignoredthejudge’ , moti ticle onpg.4)ifyou want to http://aclumich.or v – ated for up-to-theminute , and f t ofthe g andMoss. i veral news- nd outw s decision, A g/ CLU hat ”

FALL 2005 3 INNOCENT CIVILIAN HELD IN IRAQ RELEASED ALMOST BEFORE THE INK WAS DRY on a of Southern California legal director who speak with our family,” Al Saedy said. After growing up in Iraq, Al Kaby was lawsuit filed by the ACLU, the U.S. mili- led the legal fight for his release. “The “You don’t understand the relief we felt forced to escape the country after refusing tary in Iraq released a Kalamazoo man government turned justice on its head by when Saddam was captured. My cousin to continue to serve in Saddam Hussein’s who had been held in solitary confine- keeping an innocent man in jail. Left supported the U.S. effort to get rid of army in 1991. He fled to a refugee camp ment for over four months. Numan uncorrected, our system becomes one Saddam and when he was gone he went in Saudi Arabia where he spent more than Adnan Al Kaby, a long-term legal resident back to see his family. He three years before receiving political asy- of the United States who escaped the bru- would never hurt anyone.” lum in the United States. Al Kaby worked tal regime of Saddam Hussein during the The lawsuit was filed in first in Salt Lake City at an airport shop first Gulf War, had been declared innocent federal district court by Al before reuniting with his cousin, Al Saedy, by a military court on July 4th but they Saedy, and Cyrus Kar, an who had spent seven years in the same had continued to hold him until the American who became Saudi Arabian refugee camp. The two ACLU’s intervention. friends with Al Kaby while moved to Michigan where they opened “It is inexplicable that the United the two were detained in restaurants. States can hold a lawful permanent resi- neighboring cells for more It is believed that more than 10,000 dent in solitary confinement although a than a month at the Camp people are being held in military detention military tribunal has ruled that person Cropper detention facility facilities in Iraq. Army officials estimate innocent of any wrongdoing,” said ACLU in Iraq. Kar, a U.S. Navy that 25 percent are innocent. of Michigan Executive Director Kary veteran in Iraq working on Attorneys in the case are international Moss. “We’re very pleased that our a documentary film, was law specialist and former Chair of actions hastened the process of getting also released after the Amnesty International USA Paul him back to this country where he ACLU of Southern Hoffman, Duke law professor Erwin belongs.” California filed a lawsuit Chemerinsky; Rosenbaum, Ranjana Numan Adnan Al Kaby returned to that made national head- Natarajan and Ahilan Arulanantham of the Iraq after Hussein’s capture to reunite with lines. The two were allowed ACLU of Southern California; Legal his family and found a job aiding an to spend time together Director Steven Shapiro and Ben Wizner American contractor. The military denied because, according to of the national ACLU; Lucas Guttentag Al Kaby, who had applied for U.S. citi- detention guards, both had and Lee Gelernt of the ACLU zenship and a Shiite originally from Iraq, Left to right: Numan Adnan Al Kaby and Haider Al Saedy been cleared of all suspi- Immigrants’ Rights Project; Art Spitzer of contact with his family or access to a cion. the ACLU of the National Capital Area; lawyer. He was originally arrested after After separate hearings Moss and Michael J. Steinberg of the calling in sick the same day his construc- where an individual is guilty even after on July 4, both men received identical let- ACLU of Michigan. tion site received mortar fire, but the mil- proven innocent.” ters from the military declaring them For a copy of the complaint, please itary court determined he was not Haider Al Saedy, Al Kaby’s first “innocent civilians.” Kar read Al Kaby’s visit: www.aclu-sc.org 4 involved in the incident. cousin, with whom he lived in Michigan, letter to him. Six days after the court For more information on Cyrus Kar, “Even after Numan was declared inno- did not know where his cousin was or why declared them innocent, the military please visit: www.aclu-sc.org/News/ cent by a military court, he still sat in the military continued to hold him. “He is released Kar but continued to hold Al

5 prison,” said Mark D. Rosenbaum, ACLU innocent, but he’s still in jail and can’t Kaby.. 0 0 2 L

L A guide to clear mistaken criminal records now available A F ACLU SUCCESSFULLY NEGOTIATES WITH MSP TO HELP VICTIMS OF IDENTITY THEFT

AFTER SEVERAL MONTHS of negotiations, makes it look like the victim has been con- rect. “Employers should always check with the ACLU Michigan and Legal Aid of victed of the identity thief’s crimes. the applicant to make sure the information Western Michigan (LAWM) worked out Individuals with common names may also on the record is accurate. If employers an agreement with the Michigan State appear to have the record, even though that don’t give applicants a chance to explain Police (MSP) that could eventually clear record actually belongs to someone else and correct mistakes on their records, the names of innocent victims of identity with the same name. employers are not only turning away theft whose criminal records contain con- Though the new computer system won’t qualified employees, but are also poten- victions that actually belong to the crimi- be operational until 2006, when the tially exposing themselves to liability.” nals who stole their identities. upgrades are complete, a person who can In addition to the successful nego- “Having an inaccurate criminal record prove through a fingerprint match that the tiations with the MSP, the two organ- can be devastating,” said Michael criminal record does not belong to him or izations have created “How Do I Steinberg, ACLU of Michigan Legal her can get the “mistaken identity convic- Clear Director. “The MSP understands this, tions” removed. The MSP will continue to My Name? A Guide To Help You and has agreed to make significant track alias information by creating a new Correct Your Record If It Contains changes to their computer system that will computer field for identity theft, which will Crimes You Did Not Commit,” protect public safety while ensuring that be visible only to law enforcement officials. now available at both www. aclu- victims of identity theft don’t end up with “People should regularly check their mich.org and www.legalaid- records for crimes they did not commit. criminal record the same way they check westmich.org Unfortunately, the new system won’t be up their credit report,” said LAWM attorney To read “How Do I Clear My and running until 2006, but this is a huge Miriam Aukerman and an ACLU Western Name?” go to: step in the right direction.” Branch board member. “This is very http://www.aclumich.org/ Background check information is cur- important because, any time someone uses modules.php?name= rently provided by the MSP to employers, your name as an alias, that person’s con- News&file= landlords and the general public. But if a victions will show up under your name.” article&sid=429 criminal has used someone else’s name, Aukerman also warns that employers the criminal’s convictions will appear on should not assume that the information the record of the identity theft victim. This they get from background checks is cor-

Get Powerful! Sign up for ACLU of Michigan Action Alerts www.aclumich.org and run. our attitude).Itwas ofahit nothingshort say tous(addingsomecommentabout offstormed andsaidshehadnothingto whether we couldtalkaboutit,she pened tothiscountry. When we asked her A w A h K derful new President,andIwere atthe the ACLU SWMichigan Branch’s won- August, my colleagueJohnProvancher, You things. canbeaccusedofthedarndest member doesnotcomewithoutrisk. That beingsaid, beingaknown ACLU doesn’t want tobecoolandtalkaboutit? t c i a I HAVE ALWAYS BEENHAPPYTO TALK he ACLU cool,andofcourse,who isvery dentify asamemberwhenever Igetthe ac.AsIhave writtenbefore,Ithink hance. bout the ACLU ofMichigan andself- osting atableaboutthe withinformation CLU istheworst thingthathashap- oman cameuptousandsaidthatthe CLU. While we were settingup,a alamazoo BankStreetFarmers Market CAN WETALK? A screen thefirst episodeintheACLU’s new TVseries, gathered ateightlocations across thestate to On September 13th,over 250Michiganresidents SCREENING ASMASHINGSUCCESS! “BEYOND THE PATRIOTACT” Oakland CountyandW Kalamazoo, T br s t n cerns, monitor local governmental bodies,recruit ize around local civilrightsandlibertiescon- The br the protection oflibertyaround thestate. teer branches. Thework thatthey doiscritical to s I Bejian,FieldOrganizerMary University Wesley Foundation. Kalamazoo PublicLibrary andtheCentral Michigan Universalist Church, Great Lakes Humanist Society, District Library, Central MichiganUnitarian also like to thankourco-sponsors: AnnArbor expert assistance oftheirwonderful staff. We would for thegenerous useoftheirtheaters andthe The ACLU would like to thanktheGoodrichTheaters www.reformthepatriotact.org. bills, visittheACLU’s Patriot Actwebpage at P v as theHouseandSenat The timingofthesho this pr 9/11 andwhyhec sent inimmigrant andMuslimcommunities since featured intheepisode,talked aboutthefear ofdis- thorization billsintheHouseandSenate. Hassan, an update ontheprogress ofthePatriot Actreau- Michigan’s post-9/11 work while Frederickson gave the USAPatriot Act.Moss summarizedtheACLU of plaintiff intheACLU’s challenge to Section215of Legislative Office Director andNazihHassan, a Moss, Caroline Fredrickson, ACLU Washington with ACLU ofMichiganExecutive Director Kary followed byalive call linkingparticipantsstatewide does notdothis,andadditionall checks andbalanc Senate reauthorization billplaces reasonable reauthorization bill.While far from perfect, the reconcile eachhouse’s version ofthePatriot Act joint conference committee thefollowing week to AT THEGRASSROOTS For instance,oneSaturday inearly FROM THEPRESIDENT,JIMRODBARD n every editionofournewsletter, we are pleased to he pr er tate ACLU. TheACLU ofMichiganhasvolunteer potlight thework ofafew ofthenineACLU volun- ew members, screen legal complaints andsupport CL atriot Act.F anches intheMetro Detroit area, Grand Rapids, sial e U F ecedent-setting lawsuit. anches pr ograms andinitiatives of the nationaland r eedom Fil xtr aneous provisions unrelated to the or anupdat raverse City,Flint,Midland,Lansing, o vide c es. ame forward to jointheACLU in es ontheAct.TheHousebill wing c “Be a o e w sht mmunity educ e onthepr y ond theP er enaw County ouldn’t hav e expected to meetina y, includesc ogress ofthese atriot Act”was e beenbetter, ation, or . Amendment. the establishment clauseoftheFirst of toprotectthe integrity tinue ourfight into ourpublic schools. And stillwe con- cates attempttofoistanew “creationism” institutions. “Intelligentdesign”advo- Commandments intoourgovernment r A s t teeth defending ACLU inresponsetolet- Ihave cutmy to ourpositiononreligion. ACLU thanwhen isnotgreater itcomes center. profit ofthe And thedistortion who have turned ACLU bashingintoa tunists inthemedia,and TV evangelists ofwhattortion we doby dishonestoppor- a i t mportance toourcommunities,thestate mportance ers totheeditorthatrepeatedly claimour alk aboutourorganization anditscritical eligious righttoforcethe10 ole missionistowipeGodfrom nd thenation. We against thedis- fight merican life. P O ressure hasbeenincreasingfromthe ur challengeas ACLU membersisto ontro- gan - Patriot Act” and Chall ed the“freedom to read” duringthisyear’s Banned Kalamazoo, andtheLansingAr Both theSouthw B Lewis for spearheadingashowing of Hats offto new LansingBranch board member Bob the LansingAr hav Clint monit the LansingAr Branch, thenewest “CityWatch” isbeingstarted by Following themodelsetbyACLU Oakland LANSING AREABRANCH [email protected] c The OaklandCountyBranch willkickoffafall edu- OAKLAND COUNTYBRANCH BRANCH UPDATES Birmingham Unit wraps upthe series onNovember 16th,also atthe Church; “Science UnderSiege:‘Intelligent Design’” be onNovember 2ndattheBirminghamUnitarian the second session “ChippingAway atChoice,” will Library, willfocus onProtecting Affirmative Action; Tuesday, October 25thattheSouthfieldPublic “int is our website at t Jackson inmany years. over 30people and wasthefirst ACLU event in followed byasocialhouratlocal restaurant, drew Ne with theOaklandCountyBranch, e-mail ple attending. To getinvolved withtheSouthwest Library onSeptember 28thwithmore than100peo- readers co-sponsored bytheKalamazooPublic fourth annual“ReadOut”withlocal “celebrity” September 30th.TheSouthwest Branch heldtheir W o seethelis r ation seriesonOctober 25th– e eaders at theevent. From left to right: Sharon Williams(local actress), Diane sues ofaffirmative action,reproductive rights,and KZO-AM 590),Garr Library ReferenceLibrary whoread Librarian ANNED BOOKWEEK–SOUTHWESTBRANCH,LANSINGBRANCH T vent andwell-knownvent local voice radio Kalamazoo College), Lori Moore (very from “Huckleberry Finn”incostume. S ws.” he people pictured were someof the a e civillibertiesimplications. To getinvolved with elligent design.”Thefirst session, to beheld e bel nd act us on, Eaton, InghamandJacksonCountiesthat or theactivitiesofcitiesandtownships within o s w, Da (poe popular morningr This thr o r), Sharon andGarrard and, t andwrit enged BooksW vid Isaacson(WMUW at theJackson10Theater. Thisevent, t ofco-sponsoring organizations, visit ea Branch, call 517-484-3176 ea Branch. Volunteers are neededto ar www.aclumich.org ee-part seriestargets thetimely arian Chur d Macl er-in-r est MichiganBranch, based in adio hoston e e od (MCo sidenc efforts inthelandmark lion dollarbroadcastingempires). ACLU’s all religions(includingthosewithoutbil- r A r Barnette p highor constellation, itisthatnoofficial, .[i]f starinourconstitutional there isany fixed . holdingthat“. Supreme Court state parkandwon avaledictorian the minister’s baptismsina righttoperform last few years, we have protectedaBaptist meet inthecity’s district.Inthe business protected aPentecostal church’s rightto Ypsilanti, where the ACLU ofMichigan Last monthwe won in ourlatestvictory gious stripestodefendreligiousliberty. A a i i aldo on orforcecitizenstoconfessby word or n .religion,orothermattersofopin- eligious freedomforall Americans and emind thepublic thatthe ACLU is ct their faith therein.”ct theirfaith Year afteryear our ch. For more details and etty, canprescribewhat shallbeorthodox CLU standswith Americans ofallreli- merica’s andforemostchampionof first e, eek, Sept H f owever, we alsoneedtocontinue ea Branch celebrat- “Ideas Behindthe . To getinvolved case generatedthebedrockUS “Beyond the e mber 24- Westv. Virginia Br site, A Cons y and supporters can take to schoolsstatewide. Are a “Constitution Day”program thatourbranches guest speakers. TheACLU iscurrently developing County PublicDefenders Office were abighitas C e public schoolsr in Y W r discussed theNoChildLeftBehindAct,military High School.Amongotherissues, students speakers andinformation for students atYpsilanti ACLU volunteer, coordinated aday’s worth of the BillofRights.Mike Gaynier,awonderful new fantastic opportunityto teach young people about W p nered withSchuler BooksandMusicwhodonated 20 For thesecond year, theACLU LansingBranch part- or c adv The Washtenaw Branch Education Committee took WASHTENAW BRANCH Br Josie Parker, Director, Bejian andMary AnnArborPublic Library ecruit ou ateacher looking for resource materials on r, just bymentioningtheACLU atthecash register. er cent ofanypurchase madebyanACLU support- CL D andknowing thatyou helpedtheACLU. ashtenaw Branch, e-mail hat agreat deal-walkingoutwithagoodbookor o anch, e-mail ant wn andRobinStephens from theWashtenaw psilanti. Thisne all 734-480-4574. U’ titutional issues? Download acopy ofthe www.aclumich.org s BillofRightsCurriculumGuideonourweb- age of“Constitution Day”onSeptember 17th ers, andstudent privacy. Attorneys Ron t a s saying “You know, thatmakes alotof He isinvariably approachedby people sendingthatprofoundmessage. button, home withouthis“DissentisPatriotic” JohnProvancher never leaves record. on’em’,”truth our when othersdistort achieve ourbestsuccesses,and“Tell the b y r alk? ight topublish aBible verse inherschool ense.” We usually dowhen peoplehear bout the ACLU fromthe ACLU. Canwe abo works forwhich we cantruly – earbook e proud. southw I ec t iswhen we thatwe tellourstory eiving f w, federally mandated dayinall [email protected] . To getinvolved withthe eder w [email protected] al money provides a

FALL 2005 5 FALL 2005 6 Staub withassistance fromMirandaMassie. MargaretAttorneys: CostelloandKatrina the FraternalOrderofEagles.Cooperating Fraternal OrderofEaglesv. Grand Aerie of Cooperating DavidAttorney: Moran. low theConstitution.Hudsonv. Michigan. would benoincentive forthepolicetofol- is dangerousbecause,undersuchlogic, there that theMichigan SupremeCourt’s position that suche countr Unlike mostjudgesinthe duced incourt. canbeintro- “knock andannounce”rule w question theSupremeCour breaking do wait areasonable amountoftimebefore they knockandannouncetheirpresence search ahome,theConstitutionrequiresthat searchandseizurecase. important toargue an inJanuary to theSupremeCourt incriminalappeals. attorney We willreturn guaranteeing poorpeopletherighttoan case intheU.S. thissummer SupremeCourt newsletter, the ACLU ofMichigan won a FRA ACLU WINSRIGHTFOR WOMEN TO JOIN PRO DEARBORN’S 30-D SUPREME COURT– MICHIGAN ACLU TO RETURNTO THEU.S. pri free toof iaries infor all 132Michigan chaptersandladiesauxil- required theNationalFOEtosendletters Auxiliary.” also The settlementagreement were relegated to joiningthe“Ladies’ wanted inEaglesactivities toparticipate bers withvoting rights,while women who stated thatonl bers. ing women tobecomefullandequalmem- tosettlean agreed ACLU lawsuit by allow- National FraternalOrderofEagles(FOE) forwomen’sbreaking victory equality, the work ofwhich I’mproud. ask mehow they canjointhe ACLU. g to defendfreedom. And itfeelsespecially people andinspirethemtocontinuework is surefeelsgoodwhen ourcases empower ple’s rightsareprotectedinthiscountry. But caseswill,byerties itself,ensurethatpeo- of the ACLU, justicewas possible. them, leftwiththefeelingthat,help view thatthesystemwas stacked against ple whowithajaded enteredthecourtroom andclients. porters And, inbothcases,peo- wascourtroom completely packed withsup- preparing forthatday. Inbothcases,the collectively volunteered hundredsofhours t our clients.Inbothcases,therewere strong uphold thecivil andconstitutionalrightsof the honored ACLU tradition,forjudgesto Jacobs –argued eloquently andforcefully, in neys –DeborahLabelle,Ken Mogill andLiz Wertheimer andMiriam Aukerman. Cooperating Dearborn; Attorneys: William Discrimination Committeev. Cityof march inprotest. American-Arab Anti- a monthaftertheU.S. invasion ofIraqto believed itwas unreasonable tohave towait Anti-Discrimination Committeewhich The until 30da that prohibitedactivists fromdemonstrating Appeals str tant F cases onpp.1and7). strip-searched every patron ofaFlintnightclub. (Seearticles aboutthese same-sex benefitscase andinthecase where thepolice arrested and eams of attorneys atcounseltableeams ofattorneys who had ood when, afteroralargument, strangers hether evidence obtainedinviolationofthe vileges. FlatRock Aerie #3732ofthe When thepolicehave to asearchwarrant H I In bothcasesourleadcooperatingattor- have noillusionthatwinningcivil lib- A TERNAL ORDEROFEAGLES– TESTERS STRUCKDOWN– ere aresummariesofotherrecentlegal irst The priorNationalFOEpolicy had CLU representedthe American-Arab y, ruled theMichigan SupremeCourt Amendment case,theU fer women fullmembership and vidence isadmissable. We believe ys afterthe ming themthatchaptersarenow uck do wn thedoorandbar y mencouldbecomefullmem- wn a Dearborn ordinance wn aDearborn As reported inthelast As reported y appliedforaper AY WAITING PERIODFOR t willaddressis In animpor In ag ging in. The .S. Cour round- mit. t of - band’ knew aboutthejudge’s order, he,atthehus- Even thoughthelandlord of theapartment. ar assaulted b from herapar victim ofdomesticviolencewho was evicted Center, recently settledacaseonbehalfof Project andtheMichigan Poverty Law with theNational ACLU Women’s Rights the whilenew-born childoutoftheapartment Attorney: EmilyAttorney: Martin. victims ofdomesticviolence. ACLU women would beevicted because they were policies andtrainingtoensurethatnoother loss ofproperty. toimplement Italsoagreed pensate herforemotionaldistressand revealed, topay agreed ourclienttocom- ing liabilityandinsistingthatitsnamenotbe i MSP hassince movement. The new civilrights a and building action affirmative to defending zation dedicated national organi- and BAMN, a t organization in p a Direct Action, posium were sym- discussedattheterrorism the groups ACLU was shocked todiscover thatamong S notes froma“Domestic to therequestby handingover anagent’s Michigan. This summer, theFBIresponded war, in politicalandreligiousgroups State Police (MSP)onbehalfofseveral anti- ( ACLU sentFreedom ofInformation Act aboutthisdevelopment,Concerned the to believe thatthey were violatingthelaw. g F General John Ashcroft announcedthatthe VICTIMS– CLEARING THENAMESOFIDENTITYTHEFT SETTLED – DOMESTIC VIOLENCEEVICTION CASE POST 9/11SPYFILES– people toobtain employment. The ACLU ifnotimpossible, formany innocent ficult, records. erroneous made itdif- These reports their had noprocesstohelpvictimscorrect that the victims lear theft didnotcommit.Ev crimesthatthevictimsofidentity reported histories, requests forcriminalbackground pounded when theMSP, inresponseto one else.However, theproblem was com- andsaidthatthey werebeing arrested some- arose when criminalsliedtothepoliceafter in f gesting thatthe by providing documentstothepublic sug- was re-victimizingvictimsofidentity theft suit, theapar homeless. Ratherthanf W A response tothe documents in to tur b groups, terrorist or BAMN arenot that Direct Action release sa he Lansingarea, ssued apress FOIA) requeststotheFBIandMichigan I ious groups evenious groups when therewas noreason eace andjustice ut ithasrefused BI would befreetospy onactivist andreli- ymposium” organized by theMSP. The CLU FOIArequest.Cooperating Attorney: rested andorderedb illiam Wichers THE ACLU PROUD TO BEPART OF y w F act, they didnot. The problem initially ROM THELEGAL DIRECTOR, MICHAELJ.STEINBERG s request,lock n over any ere r y hadnocriminalrecord, theMSP organization recently duringarguments inthe of Michigan.ButIwasparticularly proud ofour am always proud to saythatIwork for theACLU For years theMichigan StatePolice The ACLU ofMichigan, working y herhusband, thehusbandwas unning anerrand, leaving them ned oftheproblem andproved tment comple ying tment. After ourclientwas y hadcriminalrecordswhen, ed thewoman andher FREEDOM. WORK TO DEFEND CONTINUE TO INSPIRE THEMT PEOPLE AND CASES EMPOWER GOOD WHENOUR IT SUREFEELS y ajudgetostay out After 9/11, Attorney en when theIDtheft ace an x, althoughden A CLU law- y - Jeanne Mirer discrimination. Cooperating lawsuits seekingmoney damagesforrace theirown endedupfiling vidual officers were treated. Additionally, someoftheindi- parity intheway white andblack officers of itsrecommendationstoaddressthedis- created ataskforceandimplementedman A officers. As aresultofthetalkswith disciplined atamuchhigherratethanwhite that POLICE DEPARTMENT– S PROTECTING MINORS’RIGHTTO CHOOSE– ing w church g eviction noticeorderingasmallPentecostal PRO YPSILANTI– w ronment attheLPDandtoldstorieshow cers complainedaboutaracially hostileenvi- African American policeofficers. The offi- crimination ithadreceived fromseveral (LPD)aboutclaimsofracedis- Department entered talkswiththeLansingPolice of investigation, the ACLU ofMichigan immediately appealed the denialandwithin pregnancy fromherparents. The ACLU because hedidnotthinksheshould hidethe morality andthendeniedher permission propriate questionsaboutherse a judge. sought per of the pregnancy,house ifthey learned she that herparentswould kickheroutofthe boyfriend.sex withherlong-term Afraid whilewhen controlfailed having herbirth Michigan womaneastern becamepregnant parental permission. A17-year-old south- enough tomak if ajudgedeter they eitherreceive consent fromaparentor Michigan, minorsmay if obtainabortions mich.org. Attorney: Miriam Aukerman. mich.org. Attorney: “How DoIClearMyName?”atwww.aclu- for litigation. For clickon moreinformation, solve theproblem together withouttheneed with theMSPseveral timesandwere able and Western Michigan met Legal Services Jeffrey Landau. with assistancefromU-Mla Michael J. Steinberg andDavid Santacroce the cityreversed itsposition. Attorneys: violates boththechurch’s religious freedom, City’s actionaswell asitszoningordinance ACLU wrotealetterexplaining how the meet outsidethedowntown area. After the meet downtown, must religiousgroups but to arepermitted ordinance, seculargroups EEKING RACIAL JUSTICEINTHELANSING CLU, theLPDconducteditsown study, hite officers derisively toashift hite officers referred African-American officers were,African-American officers infact, TEC here itmet.Under The judgeasked hernumerousinap- roup tolea mission to obtain an abortion from mission toobtainanabortion TING RELIGIOUSFREEDOMIN O The Cityof . mines thatthey aremature e thedecisionwithout v e thedo After several months request conf Infor Freedom of response toa that w lar acts.Documents whatsoever forsimi- nodiscipline faced tions, white officers various minorinfrac- were disciplinedfor that while they often ger.explained They placing themindan- called forbackup, t not cometoassist w reason tobelieve that had black officers the “soulpatrol.” The as ple black officers that containedmulti- hem when they Ypsilanti issuedan hite officers wouldhite officers Ypsilanti’s zoning mation wntown build- e obtainedin w student Attorney: x lifeand irmed Act In y tance fromU-Mlaw studentJeffrey Landau. Steinber re w that Lansingwas censoringoneofthe After the ACLU wrote alettercomplaining feared thatitmightbeoffensive to viewers. because stageblood was usedandthey not beabletheplay toperform inpublic Recreation toldMr. Heywood thathewould Ho T Shakespeare’s toperform ing permission pany approachedtheCityofLansingseek- ple inMichigan who,when they were Gleicher. trial judge.Cooperating Elizabeth Attorney: three days of theCourt Appeals reversed the OFFENDER REGISTRY– YOUTHFUL OFFENDERSONTHESEX PARK– CENSORSHIP SHAKESPEAREINTHE ENSURING INTEGRATED SCHOOLS– THE RIGHTTO ASKFOR ADIME– and MarkCody. MP receive attheir new properservices facilities. MPAS toensurethatthementally illyouth was closing. The ACLU willwork with an announcementwas madethattheprison inmates. Shortly afterthelawsuit was filed, “Punk Prison”—treatsitsmentally ill FacilityCorrectional (MYCF)-a/k/athe the privately-run Michigan Youth a lawsuit challengingthemannerinwhich Protection and Advocacy (MPAS) Service in T C PROMPTS CHANGE– LAWSUIT CHALLENGINGCOLLEGEGAG RULE Cooperating Attorney: Andrew Nickelhoff.Andrew Cooperating Attorney: Trustees ofSt.ClairCommunityCollege. Hamiltonv.repealed therule. Boardof thesuit,college a monthoffiling notifyingthecollege president. Withinfirst m fromvisitingcampustotalkwith trustees ters were discussed.Iteven prohibited other thanBoardmeetingswhere Boardmat- fromattendinganyvented trustees meetings prior approval pre- oftheBoard.Itfurther dents orstaff without abouttheirconcerns fromspeakingtofaculty, trustees barred stu- trustees, Tom Hamilton,over that agag rule C a federallawsuit against St.Clair ne schools, reluctantly tokeep thetwo agreed vinced thatstatelaw prevented single-sex schools. The administration,apparently con- coed schools,notillegal gender-segregated tion andurged thedistrict to createsmall the Detroit ACLU metwiththeadministra- create all-maleandall-femalehighschools, the only public schooldistrictinthestateto Schools announceditsintentiontobecome those ininte stereotypes abouttheoppositesex than more lik sho uate ne equal protectionofthela rightto schools, notonly violatestudents’ single-sex schools,similartosingle-race students by raceandby sex. We believe that ACLU opposespublic schoolsthatsegregate assistance ofLe Attor in any public placeinthecity. Cooperating misdemeanor forapersontoaskmoney dling ordinancethatw Ypsilanti nottoenactaproposedpanhan W ILL YOUTH AT MICHIGAN’S “PUNKPRISON”– itus Andronicus inaLansingPark. he ACLU joinedwiththeMichigan HALLENGE TO TREATMENT OFMENTALLY ommunity College onbehalfofoneits orld’s playwrights greatest ofalltime,it versed itsposition. MichaelJ.Attorneys: embers ofthecollege communitywithout ashtena w schoolsintegrated. wever, Lansing’s ofParks and Department AS v. Caruso. StacyAttorneys: Hickox ws thatstudentsinsingle-se neys: Paul SherandJohnSheawiththe Todd Heywood andhistheatercom- gative stereotypes.Researchclearly g andCarolyn Koenig, withassis- el w County ACLU convinced y toembracedamaginggender g rated schools. gal Intern Jeffgal Intern Landau. In April, the ACLU filed the ACLU In April, continued onpage 6 There aremany peo- ould have madeita w, alsoperpet- but When theDetroit x schoolsare The The - LGBT UPDATE

JAY KAPLAN

here is much to celebrate now that a judge has ruled that the language of Proposal 2 does not Tprohibit employers from offering domestic partner benefits. Judge Draganchuk's opinion declares that the provision of health care benefits by an employer does not create a legal marriage or a relationship legally similar to marriage.

As proponents of the Proposal 2 ballot tiatives as a means of promoting an anti- voters could never have anticipated. In judicial system to be a pawn of the reli- initiative said, the constitutional amend- gay agenda that is intended to drive Ohio, for example, judges have inter- gious right. Regardless of whether the ment was only about marriage and LGBT persons back into the closet. preted the broad language of their Attorney General appeals, we will con- would not affect employment benefits. They are using the “marriage issue” as amendment to prohibit the filing of tinue to fight for LGBT community It is expected that Attorney General the driving force to promote this domestic violence charges against a members to be acknowledged and rec- Mike Cox will appeal. agenda. We are seeing other states have man who beat his girlfriend, because ognized and for their right to be treated It’s no secret that some of the propo- passed similar amendments to their they are not legally married. fairly and equitably. nents of these so-called marriage constitutions and how these laws are We applaud Judge Draganchuk for amendments are using these ballot ini- being used in a variety of ways that the her ruling and her refusal to allow the

LEGAL DIRECTORS COLUMN (continued from page 4) young, committed crimes by having consen- Peters and Miriam Aukerman. ACLU VICTORY PROTECTS sual sex with a boyfriend or girlfriend who CONTEMPT CHARGES FOR WOMAN WHO had not yet reached the age of 16. Because CRITICIZED JUDGE OUT OF COURT–After an HEALTH CARE BENEFITS FOR most youth in these “Romeo and Juliet” cases African American woman was sentenced for pose no threat to society, many judges sen- driving on a suspended license in Eastpointe, SAME-SEX FAMILIES tence them under the Holmes Youth Training she left the courtroom and told her friend that 7 Act (HYTA). Under HYTA, youthful offend- she thought the judge was racist. A clerk over- News that the decision in the domes- Employees International Union, ers’ criminal records are expunged once they heard the conversation and reported it to the tic partnership lawsuit had been AFSCME and UAW, successfully bar- complete their sentences. Unfortunately, even judge who immediately set a date for a hear- decided came late in the day on gained for a jobs benefits package 5 though HYTA youth have no criminal ing on whether the she should be held in con- September 27. As the staff anxiously that was scheduled for ratification by 0 records, many still appear on the sex offender tempt of court. The ACLU represented the 0 waited by the fax machine, we were the State Civil Service Commission on 2

registry - thereby making it very difficult for woman at the hearing and the contempt all hopeful that the outcome would be December 15, 2004. The package L them to obtain jobs and housing. The ACLU charges were eventually dropped. People v. good, but unsure how strong the dec- included medical benefits and family L A recently filed a friend-of-the-court brief in Tilley. Cooperating Attorney: James laration would be. We weren’t disap- medical leave for their families, F federal court arguing that placement of Maceroni. pointed. Around 4:30, the papers including domestic partners and their HYTA offenders on the registry violates their started to peel off the machine and as children. due process and equal protection rights. Doe we read page by page, the smiles got After Attorney General Michael Cox v. Sturdivant. Cooperating Attorneys: Susanna bigger on everyone’s face. Judge issued a non-binding opinion that the Joyce Draganchuck agreed with the marriage amendment bars the City of WELCOME TO OUR NEWEST STAFF MEMBERS ACLU’s arguments and wrote, “Health Kalamazoo from offering DP benefits care benefits are not among the in future contracts, the City also put a IN TIME TO KICK OFF THE ANNUAL GIFT Desirnaí, a graduate of Howard University statutory rights or benefits of mar- hold on their benefits package as of CAMPAIGN AND PLAN ANNUAL DINNER, (B.A., Broadcast Journalism) and Michigan riage. An individual does not receive January 1, 2006. The Attorney General health care benefits for his or her ACLU’s major event of the year, Tracey State University (M.A., Advertising and is also an intervening defendant in the spouse as a matter of legal right upon Desirnaí Hicks joined the staff as Public Relations), recently completed an lawsuit. The University of Michigan getting married. Judge Draganchuk Development Director in August, 2005. accelerated Master of Arts program in and Wayne State University filed sup- went on, “Health care benefits for a Desirnai’s vast experience with non-profits Philanthropy and Development at St. Mary’s porting briefs on behalf of the plain- spouse are benefits of employment, has already proven to be an asset to the University of Minnesota. tiffs. not benefits of marriage.” ACLU. Before joining our staff, Desirnaí As the work of the ACLU grows, so does “It now appears that Governor worked at the Detroit Zoological Society as the need for additional staff. Those of you “Today’s ruling affirms that Michigan Granholm will reinstate domestic the Annual Fund Officer and at the Charles H. who visit the state office, may have already voters never intended to take health partner benefits as part of the negoti- Wright Museum of African American History been greeted by the smiling face of Nolita insurance away from families,” said ated contract between the state and as a Development Officer, Membership Rice, the newest addition to the ACLU office. Deborah LaBelle, the lead attorney for its employees as she has previously Services Manager, and Volunteer Nolita joined the staff in July as the Field and the ACLU of Michigan. “Employers, indicated she would,” said Jay Kaplan, Coordinator, where she expanded the active Communications Assistant. She is working including the State of Michigan, can Staff Attorney for the LGBT Project of volunteer base from 25 to 156. closely with Field Organizer Mary Bejian, now continue to support fairness and the ACLU. Her foray into fundraising arose out of a and Communications Director Wendy equity in the workplace by offering need to finance a nine-month volunteer stint Wagenheim who are both very grateful for domestic partner benefits. LGBT In a letter from the Governor to the as an Educational Consultant in Perth, her skills and knowledge. employees can also be assured that LGBT community, dated December 3, Western Australia in the mid-90s. She was In 1987, Nolita received her administrative their partners and children will have 2004, the Governor stated that if the selected for the position because of her training from the Randolph Vocational/Tech- access to health care.” court found domestic partnerships to extensive experience with mentoring pro- nical Center in Detroit, Michigan. From 1988 be lawful, the State “will move for- This ruling will mean a great deal to a grams in the Service-Learning Center (SLC) to 1991, Nolita studied Computer Science and ward with their implementation.” The lot of people, starting with the 21 cou- at Michigan State University, the premier vol- Mathematics at the University of Alabama. City of Kalamazoo also indicated that ples who are represented by the ACLU unteer center among American universities. Look for Desirnaí and Nolita at the it would defer to the court’s interpre- of Michigan and the team of cooperat- While in Perth, Desirnaí consulted with sen- Annual Dinner on November 19 where you tation of the amendment. ing attorneys who worked tireless- ior high schools, universities, businesses, and can personally welcome them both to the lessly to develop the case that was After the decision was announced, a community agencies about the development ACLU family. filed last March. Most importantly, the spokeswoman for the Governor said of mentoring programs for at-risk youth. ruling secures health and medical that the “legal cloud has been lifted” benefits for publicly employed same- and the administration would ask the sex couples, their partners and their state Civil Service Commission to children. approve domestic partner benefits quickly. The lawsuit, filed by the ACLU in March, came after Governor The ACLU recruited an incredible Granholm announced that a “legal team of cooperating attorneys to work cloud” exists and DP benefits for on the case, including Deborah employees and families would be Labelle of Ann Arbor; Thomas withheld pending a judicial decision Wilczak, Barbara Buchanan, interpreting whether the language of Kurt Kissling and Amanda the constitutional amendment, which Shelton of the Detroit limits marriage to a man and a law firm Pepper woman in the State of Michigan, also Hamilton; Nancy Katz prohibits the provision of benefit of Plymouth; and packages. Both state and local gov- Professor Roderick Hills of the Sign up for ernmental agencies, represented by ACLU of Michigan the Michigan Corrections University of Michigan Law Action Alerts Organization, Michigan State www.aclumich.org Employees Association, Service School. Nolita Rice and Desirnaí Hicks MEET OUR HONOREES he ACLU is fortunate to be the beneficiary of the work of many extraordinary people and this year is no exception. At the upcoming annual dinner on TNovember 19, we will honor four very special people who demonstrate “courage of conviction” and “power of principle.”

GOVERNOR WILLIAM AND HELEN JACQUELIN WASHINGTON has long been a friend to MILLIKEN have stood coura- the ACLU of Michigan and her busy life has never geously over the years on many gotten in the way of her active involvement in the important social issues, including organization. Jackie is the perfect example of the old efforts to repeal Michigan’s restric- saying, “If you want something done, ask a busy per- tive abortion laws in the years son to do it.” before Roe v. Wade. A defender of Jackie began her career as a school social worker, women’s rights, former First Lady but her long history of community leadership has Milliken served as chair of taken her to the top of several organizations in addi- ERAmerica, the Equal Rights tion to her work with the ACLU. She helped organ- Amendment campaign. ize and chaired the first NOW Detroit Chapter of When told of the honor that will Violence Against Women Committee, and served on be bestowed at the dinner, the national board of the NOW Legal Defense and Governor Milliken said, “Helen Education Fund. and I are honored to receive this Jackie was the ACLU of Michigan State Board special award and very happy to president from 2000 - 2004. When her presidency have an opportunity to be with so many friends and colleagues. The ACLU has courageously stood ended, she became the Executive Vice-President of the ACLU Fund and continues to sit on sev- up over the years to oppose discrimination, promote fairness and honesty within government, and eral board committees. Jackie has said, “My work with the ACLU of Michigan has been a labor to ensure that our most fundamental freedom – the right to speak – is protected even when such of love for over a decade. I am dedicated to the ACLU because no other organization has done speech is not popular.” more to protect my rights and the rights of others. This honor from my colleagues fuels my com- In fact, it was Governor Milliken’s commitment to fairness and honesty within mitment to the continuing struggle for the preservation of civil liberties and justice.” government that led to his recent involvement as a plaintiff in the ACLU MATRIX Professionally, she has been President/CEO of the Pontiac Area Urban League and lawsuit challenging a Michigan State Police data mining system that violated the President/CEO of Planned Parenthood Federation of Southeast Michigan. Currently, Jackie cur- privacy of innocent citizens. rently serves as the president of the Wayne State Board of Governors.

DAVID DiCHIERA, General Director of the Michigan Opera Theatre, laid the groundwork for creating Michigan’s own professional Opera Company in 1971 after introducing the Overture to Opera series that he narrated and toured to hundreds of schools and community centers throughout the state. A nationally known composer and director, DiChiera realized his own dream when he cut the ribbon in April 1996 for the grand opening of the Detroit Opera House. DiChiera’s dreams did not stop after the Michigan Opera Theater had its own home. He then went on to demonstrate even greater courage by commis- sioning author and poet Toni Morrison to write Margaret Garner, an opera which premiered in Detroit to rave reviews. DiChiera is renowned for his efforts to achieve “color-blind casting,” to expand opportunities for minority artists throughout the industry, and to reach out to diverse communities that have not previously been exposed to opera. DiChiera says he is proud to be honored and it is because of the mutual respect that he and the ACLU have for one another that he has been chosen. Perhaps he sums it up best when he says, “The mission of the ACLU is one of equality and inclusion for all Americans; a goal that we must all strive to achieve.” In addition to the wonderful and deserving honorees of the ACLU of Michigan Annual Dinner, we are pleased to announce an esteemed group of people who are co-chairing the evening event. Governor Jennifer Granholm and First Gentleman Dan Mulhern; Libby Maynard and Olof Karlstrom; Allan Gilmour and Eric C. Jirgens; Denise Ilitch; and Senator Carl Levin. Please be sure to join us for what is certain to be a wonderful event on November 19 at the Dearborn Hyatt Regency to honor these incredible people and be part of the festivities. Go to www.aclumich.org for ticket information.

Though best known for his acting in Saturday, November 19, 2005 film, TV, and theater, Danny Glover is a Cocktails and Silent Auction at 6:00 PM passionate community activist and phi- Dinner and Program Following lanthropist. Glover is deeply involved in both national and international An Evening “Inside the Actor’s Studio” efforts involving civil with actor and activist Danny Glover liberties and civil rights. Since 1998, he Hyatt Regency Dearborn has served as the Goodwill 600 Town Center Drive • Dearborn Michigan Ambassador for the United Nations Visit www.aclumich.org to purchase tickets or tables. Development Program, which focuses Call 313.578.6815 for more information. on issues of poverty, disease, and eco- nomic underdevelopment in Africa, Latin America, and the Caribbean. He actively serves on the board of The Algebra Project, a math empow- erment program developed by Bob Moses, a civil rights veteran. In 2000, Glover hosted and executive produced, Courage, a one-hour television series celebrating and profiling real people who have shown courage and bravery in moments of crisis.

Non-Profit Org. U.S. Postage PAID Detroit, MI Permit No. 1078

CIVIL LIBERTIES NEWSLETTER 60 W. Hancock Detroit, MI 48201-1342