BECAUSE FREEDOM CAN’T PROTECT ITSELF NEWS AND EVENTS FROM THE ACLU OF WASHINGTON Summer 2010 | VOLUME 42, NO. 2 75 Annual Report 2009-2010 American internment in the ‘40s. As we press the state legislature for a measure regulating police surveillance, we point to the success of Seattle’s police investiga- tions ordinance we helped pass in 1979. As we challenge the unfairness of the “Don’t Ask, Don’t Tell” policy on behalf of Major Margaret Witt, we build upon our nine- year legal battle that won reinstatement for openly gay Sgt. Perry Watkins in 1989. Throughout its history, the ACLU-WA has kept abreast of cutting-edge issues, including the impact of new technology on civil liberties. We have long been a leader, for example, in addressing the benefits and risks of DNA identification. Twenty years ago the ACLU-WA won a court ruling against requiring polygraph tests for government job applicants because the tests invade pri- vacy. Today we are seeking to limit blanket use of body image scanning and facial recognition software in the name of national security. Regardless of the organiza- tion’s size, one constant has been the dedication of ACLU- WA members to our nation’s fundamental civic values: fair- ACLU of Washington staff members celebrate. ness, equality, and justice; the rule of law; and the safeguards of the Bill of Rights. We invite hen the ACLU of Washington was founded prevent him from attending a lawful you to join in celebrating the in 1935, government suppression of dissent demonstration (see page 2). ACLU-WA’s achievements and and police attacks on protesters were press- Over the years , the organization W continuing commitment to our ing concerns. In its early years, the small band of activ- has won court rulings throwing out founding principles. ists also fought for racial equality, opposed censorship government loyalty oaths, overturn- of literature and films, and insisted on a religion-free ing laws restricting protests, reject- government. ing censorship of books and artworks, and barring Familiar themes, even now. As we celebrate the government-sponsored prayer at school graduations. ACLU-WA’s 75th anniversary, the maxim rings true It has helped win passage of measures prohibiting dis- Jesse Wing that, “Eternal vigilance is the price of liberty.” As na- crimination and curbing racial profiling by police. Board President tional ACLU founder Roger Baldwin liked to point out, While the ACLU-WA still fights for the same basic no fight for civil liberties stays won. Fresh challenges rights, its size and clout are much greater, and it has to established rights are bound to surface. Indeed, this made important headway in protecting liberty. And, June the ACLU-WA and co-counsel gained vindication the ACLU’s work of the present builds on our efforts of for the First Amendment rights of a young political years before. In opposing the profiling of ethnic groups Kathleen Taylor activist whom police wrongfully arrested in order to targeted since 9/11, we recall struggles against Japanese- Executive Director PAGE 2 ACLU OF WASHINGTON ANNUAL REPORT 2010 Exposing peace activists who participated in protests at the Port of Tacoma in 2007. Government Plaintiffs in the case were arrested for Surveillance “disobeying a traffic officer” when they refused to leave their backpacks out Public records of designated protest zones. The suit obtained by the (McCarthy v. Barrett) challenges the ACLU-WA’s Gov- Tacoma Police Department’s establish- ernment Surveil- ment of designated “protest zones” and lance Project other arbitrary restrictions. and by others have confirmed Curbing Campus the existence of extensive networks to share intelligence on political activities Spying gathered by local, state, and federal law enforcement in Washington state. Student activists at the University In one notable abuse, an informant for of Washington were shocked to learn Fort Lewis Force Protection, using a that the UW Police Department was false identity, infiltrated anti-war groups infiltrating their political meetings. in the Olympia and Tacoma areas, Recent UW Law School graduates Salmun Kazerounian and Sarah White Working with the students, we ob- serving as administrator of their e-mail discuss their experiences with campus surveillance at a press conference at the tained public records showing that the networks and passing on information to ACLU-WA office. UWPD authorized an undercover officer law enforcement and military officials. to attend, participate in, and collect Infiltration of political groups is information about meetings of the Stu- dent Worker Coalition; the group was highly troubling and reminiscent of the activities only in relation to an ongoing anti-war protests at the port in May formed to oppose budget cuts and back 1960s when government infiltrated the criminal investigation. 2007. State troopers stopped Chinn’s car demands for improved working condi- civil rights and peace movements for To give people “the big picture,” we after receiving word – based on covert tions for university employees. The no criminal justice purpose. Burgeon- have created a site on the ACLU-WA surveillance – that he was driving a car undercover officer posed as a coalition ing surveillance networks, which are website highlighting the complex and with “three known anarchists.” Though supporter at a public meeting and sat at much more technologically powerful murky political surveillance opera- Chinn had been driving safely and a table nearby a closed meeting, taking than in the past, lack the guidelines and tions in Washington. There one can passed several sobriety tests, he was notes on participants’ political beliefs accountability mechanisms that neces- learn about intelligence-sharing hubs arrested and charged with driving under and planned actions. sary for a democratic society. In addi- known as fusion centers, regional intel- the influence of marijuana. The ACLU-WA is urging the univer- tion to chilling freedom of expression ligence groups, and the federal govern- This June, in settlement of the law- sity to make amends, to enforce its po- and association, surveillance without ment’s “Suspicious Activity Report- suit (Chinn v. Blankenship) over Chinn’s lice stating that its police officers shall suspicion does not make us safer. It can ing” program. We’re also are posting mistreatment, three law enforcement not collect information about political swamp law enforcement with irrelevant government documents we’ve obtained agencies agreed to pay him a total of and religious views and activities absent information and divert resources from through public disclosure and will post $169,000 and to pay $249,000 in at- a reasonable suspicion of criminal activ- investigating real threats. updates as we learn more. torney’s fees and costs. The outcome ity, and to educate its police officers Our Government Surveillance Proj- sends a powerful message that individu- on following the rules. Campus police ect, coordinated by Perkins Coie Legal als have the right to engage in lawful Covert Surveillance, have full authority as a law enforcement Fellow Randy Tyler, is part of a nation- dissent without being targeted by police agency; their conduct adds fuel to the wide ACLU program launched with the Sizable Settlement because of their political beliefs. Rep- call for statewide rules. assistance of the Open Society Institute. resenting Chinn were Lawrence Hildes, It is working to investigate, expose, Activist Phil Chinn set out from ACLU-WA cooperating attorneys and curtail government surveillance of Olympia to participate in an anti-war Nathan Alexander and Mark Carlson lawful political activity and is advocat- demonstration at the Port of Grays of Dorsey & Whitney LLP and Evan ing for adoption of laws and policies to Harbor on a spring day in 2007. He Schwab, and staff attorneys. safeguard civil liberties. never made it to the protest but instead Another lawsuit stemming from a Over the past year, we’ve met with was subjected to a wrongful arrest that systematic effort to discour- community activists, state legislators led to an ACLU-backed lawsuit, a hefty age demonstrations and other elected officials, and law settlement – and eye-opening revela- involves enforcement personnel to discuss our tions about political surveillance in concerns. We have testified in Olympia Washington. about the need for regulations and will Documents obtained from public press in 2011 for passage of state legisla- disclosure requests in the case showed tion that would allow government to that local, state, and federal law collect information about an individ- enforcement agencies developed an ual’s free speech, political, or religious “action plan” aimed at restricting lawful VolumeACLU 42, OF no. W 1ASHINgtON ANNUAL REPORT 2010 PAGE 3 Travel Without officials from collecting personally identifiable information that could be Tracking linked to their specific purchases on Amazon.com. Without privacy protections, gov- The ACLU contends North Caro- ernment and private entities could use lina’s requests for detailed personal toll payment records to deduce an in- information about Amazon customer dividual’s work, recreation, and social purchases are unconstitutional because patterns, and potentially political activ- they violate Internet users’ rights to ities or medical is- free speech, anonymity, sues. The legislature and privacy. The ACLU passed a bill (SB represents six anonymous 6499) sponsored by North Carolina residents Sen. Ed Murray that and an elected public includes ACLU- official in the suit, which backed amend- Amazon filed in April in ments to protect the U.S. District Court for privacy of travel- the Western District of ers; Rep. Christine Washington. ACLU-WA board member Rolfes sponsored a companion bill in Venkat Balasubramani of the Focal the House. The measure ensures that PLLC law firm and national ACLU and records of payments and travel on toll ACLU-WA staff attorneys are handling facilities on the 520 bridge in King the case.