MAKING BETTER An Introduction to The ACLU of Mississippi’s 2015 Equity Agenda

BY KEIA JOHNSON, LEGISLATIVE STRATEGIST

The lessons learned 50 years ago during voting rights. Finally, we asked that Freedom Summer, the knowledge legislators “Guarantee Freedom of Speech gained since then, and the reality of & Expression” by defending religious things we still need to learn demonstrate freedom and protecting freedom of the continued need for promotion of expression. constitutional rights and the advancement of civil liberties today. The agenda was endorsed by other community organizations who believe Every day in Mississippi, marginalized that together we can make Mississippi communities including communities of better. These organizations are working color, immigrant communities, people individually and in coalition to advance with disabilities, women, and the , justice on issues that impact racial, , bisexual and community cultural and economic justice. Together, face barriers to true opportunity. The we seek to educate legislators, policy ACLU of Mississippi 2015 Equity makers and the public to make them Agenda highlights the unfinished business aware of some of the steps that are of achieving “justice for all” in Mississippi. necessary for progress in Mississippi. The path to this reality demands equity MEASUREMENT OF LEGISLATIVE and inclusion for all of our diverse PROGRESS ON ISSUES OF EQUITY communities. It is our sincere hope that IN 2015 Mississippi’s leadership will take initiative in pursuit of a better Mississippi. To We will publish a Legislative Score During the 2015 Legislative Session, we realize this vision, racial, cultural and Card that will be available to the general expected our leaders to speak up for the economic equity must be at the core of public before the November elections. disenfranchised and oppose policies our values. The Score Card will highlight those that were detrimental to the welfare legislators who “championed” equity and of our state. To “Promote Criminal It is with this in mind, that in January inclusion. It will also hold accountable Justice Reform” we asked that legislators 2015, the ACLU of Mississippi published those who failed to promote racial, seek to reduce Mississippi’s prison its first ever Equity Agenda. We set cultural and economic justice. out priorities in hopes that the agenda population, promote community policing, would serve as a guide to issues that transparency and accountability, and As we approach the 2015 elections, we remain unaddressed in Mississippi. It support restorative justice. We asked will educate the public and increase documented opportunities for our state that legislators work to “Extend Equality awareness about where lawmakers have legislators and governor to dismantle to All Mississippians” by ensuring the stood on the civil liberties issues that barriers and promote equity. While the equal treatment of all people, protecting are important to them. We will strive to agenda was not exhaustive, it should women’s rights, guaranteeing safe and present an accurate, fair and unbiased have been used as an informative tool. supportive schools, and protecting presentation of the record. Stay tuned!

THE TORCH | ACLU OF MISSISSIPPI | SPRING 2015 1 ACLU-MS STAFF A LETTER FROM THE EXECUTIVE DIRECTOR Jennifer Riley-Collins EXECUTIVE DIRECTOR Dylan Singleton On March 7th, I stood DIRECTOR OF OPERATIONS & at the crest of the ADMINISTRATION Edmund Pettus Bridge Tabuthia Bell in Selma, AL, unsure FINANCE OFFICER of whether we should look back or forward. I Morgan Miller DIRECTOR OF COMMUNICATIONS stood there thinking of all the issues we are Rebecca Curry DIRECTOR OF POLICY AND ADVOCACY facing in Mississippi. The issues range from Keia Johnson the absence of laws LEGISLATIVE STRATEGIST protecting citizens L. Rene’ Hardwick against , ADVOCACY COORDINATOR to the challenge of Charles Irvin promoting transparency ACLU Executive Directors Jennifer Riley-Collins of Mississippi, Howard Simon of Florida and Susan Watson of on the LEGAL DIRECTOR and accountability of Edmund Pettus Bridge in Selma, Alabama. Andres Wallace our law enforcement STAFF ATTORNEY agencies to ensure Nikita Flowers young people of color are safe to walk our streets, all the way to unsafe prison PARALEGAL conditions fed by mismanagement of private for profit companies. From where I stood in my mind’s eye there was not much difference. And then I thought of the great Syretta Salahadyn INTAKE COORDINATOR organization I have the fortune of leading and the courageous staff with whom I work and I knew I should look forward. ACLU-MS BOARD OF DIRECTORS As you will read in this letter, the ACLU of Mississippi has been tremendously busy Alison Steiner in its work to protect constitutional rights and extend civil liberties. Our efforts PRESIDENT have included vigorous legislative efforts which resulted in defeat of many bad bills Jack Williams to include House Bill 1305 intended to create an exemption to public records for SECRETARY pharmaceutical companies supplies lethal injection compounds; legal action in defense Monica Galloway of children in school including action to protect students first amendment rights TREASURER of expression and defending them against practices intended to push them into the Olga Osby school to prison pipeline; and our advocacy energies safeguarding citizens by requiring NATIONAL BOARD REPRESENTATIVE transparency and accountability of law enforcement agencies. Catherine Sullivan None of our efforts however would be possible without you. As you read this letter, I Eddie Outlaw hope that you will feel a sense of pride in the work we are able to do because of your Mary Gigueroa support. Please continue to contribute – together we are making Mississippi better! Ravi Perry Sam Edward Arnold Sincerely, Jennifer Riley-Collins Mary Graham Alexander Martin Leave a legacy of liberty Julie Schroeder BOARD OF DIRECTORS for generations to come. Charles Holmes MEETING DATES Thousands of passionate civil Cassadra Welchlin libertarians have stepped forward and Stephen Silberman June 6, 2015 expressed their most cherished values Dan Roach by making a deeply meaningful gift Laura Martin September 12, 2015 to the ACLU in their estate plans. Melanie Deas Annual Meeting of the Membership We invite you to join this special group of ACLU supporters who have made FOUNDATION BOARD freedom, justice, and equality their legacy. Andy Guerra Annual Meeting of the Board To learn more, or to take advantage Dorothy Abbott (Officer Election) of our estate planning resources, ACLU Annual Dinner visit www.aclu.org/legacy or call toll-free 877-867-1025.

2 BECAUSE FREEDOM CAN’T PROTECT ITSELF 2015 Legislative Session Comes to an End BY KEIA JOHNSON, LEGISLATIVE STRATEGIST

The 2015 legislative session came to an official end on April 3rd 2015. Below is a breakdown of some of the key bills we actively supported or opposed during the 2015 Legislative Session. Bills are listed by issue area with their current status italicized.

Reduce Mississippi’s Prison laws. HB1305 violated principles of Protect Women’s Rights Population / Support Restorative transparency and open government. Justice Supported HB113, HB12, and HB1200- Died in Committee. The purpose of these bills was to create Supported SB2059, SB2053, and HB602 Equal Treatment of All People the “Fair Pay Act” to require employers to - These measures were intended to pay equivalent pay for equivalent jobs— authorize the creation of the “Re-Entry Opposed HB714 – Under HB714 there regardless of sex, race, national origin, age Council,” to help inmates successfully would be a rebuttable presumption or disability. reintegrate into society. Legislation like formed that a child being placed in the All died in Committee. this promotes principles of restorative custody of a homosexual parent is not justice and rehabilitation. in the best interest of the child. This bill Opposed SB2138 – This measure SB2059 and SB2053 died in Committee. fostered discrimination on the basis of intended to increase the minimum HB602 was approved by the Governor. . waiting period before a woman can have Died in Committee. an abortion from 24 hours to 72 hours. Supported SB2780- This legislation Died in Committee. sought to provide immunity from arrest Proposed HB408 and SB2107 –The or prosecution for certain drug violations bills mandated that all sections of the Guarantee Safe and Supportive committed by a person seeking treatment Mississippi Code be amended to require Schools for a drug overdose. The SB2780 “Good the use of Person First Respectful Supported HB429- HB429 sought Samaritan Act” addresses substance language when referencing people with to directly tackle the school to prison abuse as a public health matter, not a law disabilities. Mississippi’s laws currently pipeline in Mississippi by requiring enforcement matter. use outdated and offensive terminology in that schools annually report unlawful The language in SB2780 was combined reference to people with disabilities. activity to the Mississippi Department with the language in HB692 to create HB408 died in Committee. SB2107 passed of Education. The bill also required “The Emergency Response and Prevention the House and Senate. The bill’s conference ongoing training for school staff and law Overdose Act”. HB692 was approved by report was filed and is now due from the enforcement professionals. the Governor. Governor. Died in Committee. Supported HB173 “Ban the Box” – This Supported SB2499- SB2499 sought to Proposed HB478 and SB2332 – These bill would have eliminated barriers to authorize the issuance of Racial Impact bills would have mandated “prior to employment for formerly incarcerated Statements to determine how proposed placement” training for School Resource individuals. legislation may affect certain populations. Officers in the areas of child adolescent Died in Committee. The legislation would have provided development, cultural competence and legislators with an important new tool for Promote Community Policing, building relationships with students; addressing racial inequality in Mississippi. Transparency and Accountability deescalating violent situations; identifying Died in Committee. the social, emotional, and mental needs of Proposed HB1279 –This bill, authored the students; directing youth to appropriate by the ACLU of MS in partnership with Proposed HB652 and SB2498 – An services rather than using force; and due Rep. Chuck Espy, would increase police affordable college education should be process protections for students. transparency and accountability. A win- accessible to everyone, but currently, HB478 died in Committee. SB2332 passed win, it sought to protect the public against many immigrants cannot access higher the House and Senate but after making it police misconduct and protect police education within the state because they out of conference, died on the calendar. from false accusations of misconduct. are required to pay non-resident tuition. These measures were intended to allow all Died in Committee. students to receive in state college tuition Proposed HB750 and SB2474; Supported HB573 and SB2466– Mississippi schools Opposed HB1305 - Across the and financial aid at Mississippi Colleges have a real problem with student bullying. , drug companies are & Universities. Our bullying laws fail to address the seeking to circumvent public disclosure Both died in Committee. LEGISLATIVE SESSION CONTINUES ON PAGE 4

THE TORCH | ACLU OF MISSISSIPPI | SPRING 2015 3 LEGISLATIVE SESSION FROM PAGE 3 Promoting Transparency and fact that some student populations are statistically proven to fall victim Accountability in Law Enforcement to bullying at much higher rates than BY REBECCA CURRY, DIRECTOR OF POLICY AND ADVOCACY others. In 2015, the ACLU of MS and other social justice organizations offered bills intended to amend the Mississippians deserve During the legislative state’s bullying laws to enumerate law enforcement session, we worked categories of victims, and mandate the that is committed with Representative creation of anti-bullying policies for to promoting Chuck Espy to school districts. public safety and introduce HB1279. It fair treatment of all would have established HB750, SB2474 and SB2466 all died in people. Recently state-wide bodycam Committee. HB573 died on the floor. publicized incidents— policies. For example, Protect Voting Rights from Ferguson to the bill would have New York City— ensured continuous Opposed HB932- This measure was highlight a trend of recording during intended to require registrars to mail excessive police force, interactions with the a voter registration card to the mailing shedding light on public, and it included address provided on an applicant’s pervasive patterns provisions aimed at voter registration form. As HB932 was of racial profiling protecting the privacy written, individuals would be allowed and discriminatory of individual recording to change their address over the phone, enforcement of subjects. Unfortunately, but their voter registration cards criminal laws in this measure died in would still be mailed to the address communities of color. It is clear from committee. Over the summer we plan to on their original application. As a widespread protests and heated debates build support for such legislation in hopes result, countless voters may never have that there is growing distrust of police that it will be re-introduced. received their voter registration cards, within the very communities they are even though they had taken measures sworn to serve. Beyond bodycams, citizen journalists to ensure that they could legally vote. are equally significant. Pursuant to the We believe that body-worn cameras and 1st Amendment of the U.S Constitution, Died in Committee. citizen journalists are part of the solution the public has a right to video-record Defend Religious Freedom of promoting greater transparency in law and share footage of law enforcement enforcement. Knowledge of police activity acting in their official capacity in any Opposed HB493, HB1218, and HB177 enhances the ability of the public to hold public space. Under the 4th Amendment, – In violation of the Constitution, officers accountable for their actions. By officers may not confiscate devices these bills would have prohibited the capturing the true version of events, we or demand to view content without application of foreign law. can prevent the unfortunate dilemma of a warrant. Nevertheless, police too HB493 and HB1218 died in Committee. radically divergent personal accounts that often order people to stop recording, HB177 was approved by the Governor. sometimes accompany instances of police seize personal property, or even detain violence. individuals for exercising this freedom. Protect Freedom of Expression/ Privacy Body-worn cameras are a win-win, We sent letters to 82 sheriff and 28 helping to guard the public against police departments across the state, Opposed HB347- HB347 failed to place misconduct by law enforcement, while encouraging local law enforcement to any restrictions on law enforcement use, also helping protect police against false establish policies and training relevant retention, and disclosure of captured accusations of abuse. While we applaud to the citizen journalists. As of March, images from drones. We support efforts to bring bodycams to Mississippi nine agencies have adopted policies that legislation that regulates the use of drones, patrol officers, it is critical that they are expressly recognize the “right to record.” but that legislation must require a search accompanied by a framework of strong We are continuing to push for more warrant for drone use by law or regulatory policies. Accordingly, we are working with agencies to adopt policies and train their enforcement agencies and establish clear several law enforcement agencies across forces regarding this right. By proactively data retention limitations, and disclosure the state, including the Hinds County ensuring that all officers are aware of requirements so that the public is aware Sheriff ’s Department and the Jackson their obligation to respect this right, we of the uses being made of drones. Police Department, to develop procedures can avoid conflicts, prevent constitutional Died in Committee. governing bodycam usage. violations, and further spread knowledge about police activity.

4 BECAUSE FREEDOM CAN’T PROTECT ITSELF Keeping Mississippi Students Safe

BY L. RENE’ HARDWICK, ADVOCACY COORDINATOR

“Scream rooms,” “a boy stuffed in a duffel called disciplinary practices that continue bag” and “handcuffed and face-down on to threaten all students, particularly the floor” are not descriptors one would students with disabilities and students of expect to associate with environments color. Research shows that such methods parents entrust their children to each – which include forced immobilization, day. In fact, parents expect schools to be sensory deprivation and physical harm places where their children receive an – are more akin to torture and can be equitable and equal education; places harmful to a child’s cognitive, social and where teachers and students alike, are emotional development. honored and valued in a safe and secure environment. However, for far too many Every child has the right to be free from students across Mississippi, this is not the restraint and seclusion unless he or she reality. Unfortunately, Mississippi is one of poses a clear and imminent physical five states that lacks a statute, regulation or danger to him or herself or to others. We even nonbinding guidelines to the use of are committed to supporting this effort restraint and seclusion in schools. by: fostering collaborations and venture partnerships within the targeted areas; In response to this issue the ACLU of Accountability Report, it was reported increasing data collection, public awareness, Mississippi has acquired grant funding that each year, hundreds of children are advocacy, training on preventive and from the W.K. Kellogg Foundation in being injured - some seriously - while intervention supports and services, and support of a Keeping Students Safe others, during incidents involving restraint best practices methods; and reducing project. This initiative is designed to and seclusion, have resulted in death. the use of exclusionary discipline among improve outcomes of Mississippi’s students Restraint and seclusion are methods used students with disabilities and students of with disabilities and students of color to control children who exhibit challenging color. As freedom’s watchdog, the ACLU by restricting the use of restraint and behaviors. When implemented incorrectly of Mississippi is committed to restricting seclusion on vulnerable children. and disproportionately, restraint and and reducing the use of restraint and seclusion are the most dangerous so- seclusion in schools. In a 2009 Federal Government

DOWNLOAD MOBILE JUSTICE MS WELCOME FOR ANDROID www.aclu-ms.org/mobile-justice L. Rene’ Hardwick Learn how you can promote accountability and transparency by Rene’ joins the ACLU services related to becoming a citizen journalist with of Mississippi as an meeting the educational our Mobile Justice Android app! The Advocacy Coordinator needs of children in K-12 iPhone version will be available in the to specifically work on learning environments. next few months. reducing restraints and seclusion in schools. Rene’ is a native of She previously served as Jackson and obtained Director for the Hinds her B.S. Degree from County Justice Court Spelman College, Misdemeanor Drug Atlanta, GA. She Court for four years. completed graduate For over 13 years prior, Rene’ has held work in Educational Technology Administrative positions in higher & Instructional Design, with education as a Director, Associate a specialization in Educational Professor, Archivist, IT Specialist, and Psychology from Michigan State Academic/University Librarian. Over University. Rene’ earned a Ph.D. in the span of 20 years, she has voluntarily Educational Administration from advocated for and provided consulting Jackson State University.

THE TORCH | ACLU OF MISSISSIPPI | SPRING 2015 5 Voter Intimidation Still on the Agenda BY JENNIFER RILEY-COLLINS, EXCECUTIVE DIRECTOR

This piece was originally featured as an op-ed in the Clarion Ledger on March 7th, 2015 It’s hard not to measure our words on the subject of voter intimidation. Speak too forcefully, and some will accuse you of imagining conspiracy theories. Too softly, and people won’t pay attention. But standing under the dome of the Mississippi Capitol in Jackson and listening to legislators attempting to chip away at hard-won rights of this state’s people has a way of getting my dander up. Let me be crystal clear: Many legislators in the state House would like nothing better than for voters to stay home on election days. The tactics may have changed since the outright violence of the Civil Rights Era, but the strategy— and the hoped-for outcome—is the some 600 marchers across the Edmund graduating from high school is 69 percent same: Don’t upset the status quo. Pettus Bridge in Selma, Ala. The plan versus 82 percent, and blacks are three was to walk the 50 miles to Montgomery, times more likely to spend time behind These lawmakers do not want voters but on this day, the walkers would bars than whites. And, similar to many to approve ballot Initiative 42, which not arrive at their destination. Just other states, in Mississippi, a felony will mandate adequate school funding across the Alabama River, a phalanx of conviction means disenfranchisement. instead of leaving it at their discretion. roughly 150 armed sheriffs, policemen The tactics include putting a competing and white citizens, many mounted One key to having an active, informed initiative (called Alternative 42) on the on horses, waited to stop the peaceful and responsive citizenry—all antithetical ballot to ensure splitting the vote so that demonstrators. And stop them they to the status quo—is education, so it is the state isn’t required to change a thing. did—with billy clubs, teargas, bullwhips not surprising to find virulent opposition and fists. Fifty-eight marchers required to fully funding public education in Rep. John Moore, R-Brandon, hospitalization when the smoke cleared. Mississippi. The arguments, based almost chairman of the House Education entirely on money, have tremendous Committee, also wants to intimidate The 600 wanted to exercise their right to short-term appeal. No one enjoys paying public-school teachers. In House Bill vote. They understood that changing an taxes. In the long-term, though, we all 449, Moore proposed not only to stop entrenched system of bigotry and racism pay for short-sighted savings. Don’t teachers and administrators from required outvoting those invested in invest in maintaining your home today, speaking out about political issues on keeping that system intact and inviolable. and pay through the nose to replace the job, he wanted them fined up to They had had enough of poll taxes and your crumbling foundation tomorrow. $10,000 if they dare break the rules. impossible questionnaires and organized Don’t adequately fund schools today, violent repression. It took a federal and build more prison cells tomorrow. Moore’s bill died, thankfully. If it had hearing and pressure from an outraged passed, it’s doubtful if it could have nation to allow the march, but three Fifty years ago, men and women survived a legal challenge. Clearly, such weeks later, 3,200 demonstrators walked of all races fought so that the right a tactic denies the constitutional First across the bridge and on to Montgomery. to vote would be enshrined in this Amendment right of all citizens to nation’s Constitution for all of her freely speak out. In this case, Moore’s Clearly, the cause of justice has shifted people. Remember that power, and bill targeted those who might speak dramatically since those bad old days, the responsibility, this right—and the against a policy that affects every child not only for African Americans, but right to freely speak out—gives you attending public school in the state. for all Americans, including women, today. As U.S. Rep. John Lewis—who That’s simply wrong, and Mississippians the LGBT community and children. suffered a skull fracture at the hands must stand united against such tactics. Some circumstances have not. In of police on that Alabama bridge 50 Mississippi, the difference between years ago—is fond of saying, when Fifty years ago last month, on March African Americans and white children you pray for change, move your feet. 7, 1965, Dr. Martin Luther King, Jr. led

6 BECAUSE FREEDOM CAN’T PROTECT ITSELF Voter Intimidation Still on the Agenda

Rankin County Gay-Straight Alliance BY CHARLES IRVIN, LEGAL DIRECTOR

On January 14th, The Clarion Ledger Act. Simply put, the school cannot ban read, “Rankin County school board a GSA based on issues of morality if the members approved a change in the GSA doesn’t interfere with the orderly district’s school club policy on Wednesday conduct of educational activities in the after a group reportedly tried to form school. Thus, abstinence-only sexual a gay club.” This headline caught our education is not a proper reason to block attention. We immediately sent a demand the formation of a GSA club. letter to the Rankin County School Board and Superintendent advising them As a direct result of our actions, we were of the law. contacted by several of the students involved and began crafting their plan of In 1984, The Equal Access Act specifically action, to form a Gay-Straight Alliance. provided that a school cannot deny equal increase from student groups across the A Gay-Straight Alliance is a student-run access to student activities because of the state in having the ACLU of Mississippi club, typically in a high school or middle “religious, political, philosophical, or other review their club’s status and help them school, which provides a safe place for content of the speech at such meetings.” determine whether they are being treated students to meet, support each other, talk Since any moral objections the school fairly under the law. may have to a Gay-Straight Alliance about issues related to sexual orientation (GSA) are based on the religious, political, and and expression, and If you know of a student in a similar or philosophical views of its members, work to end and . situation, have them contact our office at such an objection isn’t recognized by the (gsanetwork.org). Our efforts spurred an 601-354-3408 or email [email protected].

THE TORCH | ACLU OF MISSISSIPPI | SPRING 2015 7 Advocating for Restraint and Seclusion Policy Change BY MORGAN MILLER, DIRECTOR OF COMMUNICATIONS

In December 2014, we, along with our seclusion techniques in school. partners Mississippi Center for Justice, Mississippi Parent Training Institute, and In February 2015, the JPS Board Families as Allies, publicly commented adopted a revised policy that was an on a restraint and seclusion policy at improvement from the original. As a the Jackson Public School ( JPS) Board result of our efforts, the revised policy of Trustees meeting. We expressed our has more emphasis on prevention, concerns regarding a revised policy that robust definitions, more specificity to the JPS Board was proposing to enact. the training component and inclusion of proper reporting guidelines. The policy outlined the use of restraint and seclusion techniques in school We applauded the JPS Board’s but it was in need of some significant efforts in taking a generic policy and changes. It failed to focus on creating a bringing added clarity for the benefit safe environment for students and faculty, of students, parents and administrators. lacked clarity in the definitions of the After the meeting, we worked in We will continue to work across techniques that open the door for harm, partnership with the Superintendent, the state to reduce and restrict the and did not promote positive behavioral Dr. Cedric Gray, and members of use of restraints and seclusion in interventions, among other concerns. the school board to craft a policy schools to keep students safe. that outlined the use of restraint and

Taking On Debtors Prisons In Mississippi

BY CHARLES IRVIN, LEGAL DIRECTOR

The ACLU of Mississippi is “Being poor is not a crime. fundamentally opposed to the use of The Supreme Court made privatized for-profit misdemeanor probation. The ACLU of Mississippi that clear decades ago.” and the ACLU National Racial Justice Program are investigating the use of - NUSRAT CHOUDHURY, ACLU RACIAL for-profit probation companies who JUSTICE PROGRAM are the drivers of the debtors’ prison. The reality is their supervisory tactics levied fines. However, we do not lead to extreme profits for companies condone the practice of doing so on at the expense of the poor. Those the backs of our poorest citizens, who who cannot afford to pay are jailed. fines owed more efficiently and at a are often disproportionately minority. greater rate than previously achieved. Our preliminary investigations reveal The means must not justify the end. that across Mississippi, a niche business No one should go to jail because they Our goal is to illuminate their methods, has commenced the jailing of already cannot afford to pay a fine. No one reform state law and educate the impoverished citizens because they should be forced to endure the horrible public so that wherever these practices cannot afford to pay a fine. For-profit choice of choosing between food, work are occurring, we can end them. Our probation companies are erroneously or supervision fees. We understand work across the state will continue promising municipalities with struggling the need to enforce the rule of law and as we work towards changing the budgets that they can collect the the need for municipalities to collect practice of for-profit probation.

8 BECAUSE FREEDOM CAN’T PROTECT ITSELF Drug Testing Instrument Comes Out Against Use In TANF Program STAY UP TO DATE WITH CIVIL BY CHARLES IRVIN, LEGAL DIRECTOR LIBERTIES ACTIONS

During the 2014 disqualifying or denying IN MISSISSIPPI! Legislative Session, House applicants for public Sign up for email Bill (HB) 49 requiring assistance. The purpose the drug testing of new of the SASSI is to help alerts at applicants for TANF was people who have substance www.aclu-ms.org passed into law despite use disorders. To use the and connect with us our diligent efforts in SASSI to discriminate on social media: opposition. against individuals, such as disqualifying job applicants On March 24, 2014, HB or to deny public assistance, 49 was signed into law. We knew our violates the purpose of the SASSI and efforts to ensure that economic justice is in violation of the Americans with ACLU of @ACLU_MS prevailed could not end here. Disabilities Act. More to the point, they Mississippi make clear that SASSI screening results We continuously monitored the proposed do not provide evidence that an individual rules and responded immediately is using or abusing a controlled substance. when a policy was introduced by the Thirty eight of the roughly 3,600 Mississippi Department of Human welfare applicants in Mississippi have Services (MDHS). We provided public TELL US WHY YOU been required to take a drug test after comments and were successful in blocking completing the SASSI questionnaire; of SUPPORT THE ACLU! implementation through a public hearing, those thirty eight, only two have failed. requiring MDHS revise its policy. Again, Send your story to: we continued to monitor this measure The ACLU of Mississippi along with our in protection of Mississippi’s most key partners recently met with MDHS P.O. Box 2242 vulnerable children and impoverished to request that they stop using the SASSI families. and seek any avenues that would relieve Jackson, MS this unnecessary burden from TANF We truly believe it is not a crime to be 39225-2242 applicants. We continue to refine our poor and that the poor should not be legal and advocacy strategies around the treated differently. Additionally, we have Or email: contentious use of the SASSI instrument. remained consistently concerned with the [email protected]. improper use of the SASSI instrument to If you know any potential TANF determine drug usage. applicants affected by this, please direct them to the ACLU of Mississippi The SASSI Institute expressed their complaint form on our website at www. unequivocal opposition to use the aclu-ms.org. SASSI instrument for the purpose of ACLU OF MISSISSIPPI OPEN HOUSE

THE TORCH | ACLU OF MISSISSIPPI | SPRING 2015 9 BOARD SPOTLIGHT INTERN UPDATE Melanie Deas Nikita McMillian

I am excited to that while we have Nikita McMillian, a student at be a new member made significant Mississippi College School of of the ACLU of progress, Mississippi Law and former ACLU of Mississippi Board still has work to do of Directors. This ensuring everyone has Mississippi Legal Intern won appointment echoes the civil liberties to “The Best Casenote Award” from a lifelong enthusiasm which they are entitled. Mississippi College Law for the protection of Too many people have Review. During her summer rights. I have been an asked me why I care 2014 internship, she spent a advocate for freedom so much about issues considerable amount of time of speech most of that they don’t see as my life. In college, having any personal organizing a public hearing I began hosting “First Amendment” impact on my life. I tell them I that as to delay a law to require drug movie nights to protest censorship, an a human being I care about the lives testing for TANF recipients. issue that was becoming increasingly and rights of all people: I don’t have to This work helped to change important to me as an artist. Since I be gay to support LGBTQ equality; the Mississippi Department of moved back home to Mississippi and an immigrant to support immigration Human Services policy to improve began working with organizations reform; in prison to support protecting like the ACLU of Mississippi and prisoners. We are all connected. the outcomes for children Equality Mississippi, I have realized affected by the law.

In the fall, after becoming a member of Law Review at Mississippi College School of Law, Nikita began writing about poverty, public misconceptions about the poor, and questioning the mandatory drug testing of welfare beneficiaries. Her casenote is titled, From Loving Mother to Welfare Queen to Drug Addict? Lebron v. Sec’y. Fla. Dep’t of Children & Families and the Evolving Public View of the Poor as a Class of Sub-humans with Sub- rights. Her publication will appear in a published issue likely in 2016.

Nikita’s casenote faculty advisor, Professor Angela Kupuenda, states, “Nikita’s casenote is extremely well researched and powerfully written.”

We are very proud of our former intern and look forward to seeing her excel in the future! Nikita McMillian, Jennifer Riley-Collins, and Rita Santibanez at the 2014 ACLU-MS Annual Dinner.

10 BECAUSE FREEDOM CAN’T PROTECT ITSELF Intern Spotlight

Kendra Martin my American open arms as if we have known each other LEGAL INTERN Legislative for years. I feel like I play an important Mississippi College School of Law Process class, my part in making a difference in the lives of participation and Mississippians every day that I am here. Having a devout understanding of Azhia Jones interest in the public the subject area has interest law sector, tripled because I COMMUNICATIONS INTERN Jackson State University my experience have been able to with the ACLU relate my hands on of Mississippi has experience at the capitol to what I have Before I started been nothing less learned in class. As the legislative intern, I with the ACLU than rewarding! have taken a tally of key votes on different of Mississippi this In addition to pieces of legislation. I have attended House semester, I did a lot becoming fully and Senate Committee meetings and of research and I aware of rights I possess as an individual, reported back to my internship supervisor. was impressed to see I have been able to work with one of the I have also shadowed Keia Johnson, the the things that they most passionate and hard-working staff Legislative Strategist, and took note of stand for. I have in Mississippi. ACLU of Mississippi has her interactions with legislators as she had the privilege of allowed me to attend prospective client educated them on issues of importance. working with and shadowing Morgan for meetings, visit prisons to conduct client three months. This opportunity has given The amount of information and insight interviews, and research a variety of topics me more insight into the role non-profit has had a tremendous impact on my life and issues which impact the rights of communications play in building support and career path choices. I now see how Mississippi citizens. for the program work of the ACLU; in laws and policies that impact everyday educating the public on key issues; and In addition, the ACLU of Mississippi citizens are shaped. I am glad the ACLU using social media for policy and advocacy. has given me independence on projects of Mississippi is here ensuring rights are that is uncommon in the legal field as a defended. The environment is an amazing I traveled to Selma, Alabama for the 50th legal intern. As a second year law student, work place. I am so thankful for all the Anniversary of “Bloody Sunday.” I was being given the opportunity to work opportunities that have been provided able to capture the stories of thousands of independently has allowed me to develop through the ACLU. people as we walked across the Edmund skills which I know will benefit me TaJuana S. Bryant Pettus Bridge. This was the most moving throughout my career. That is what makes experience I have ever had. The experience the ACLU experience so rewarding. I have ADVOCACY INTERN made me think of the importance of the Jackson State University been given a chance to flourish, and find ACLU-MS Mobile Justice app for young my passion. I encourage all law students people today as I will be assisting with to apply to the ACLU of Mississippi for a My experience the launch of the iPhone version in the legal internship. interning at next few months. These experiences have the ACLU of spurred an interest in criminal justice and Victoria Mcgee Mississippi has been voting rights. LEGISLATIVE INTERN very interesting Jackson State University and informative. I The ACLU has allowed me to not only have been a part learn more about the world around me, but myself as well. Not every day are you able I have had a wonderful experience at the of projects that to work with people who are passionate ACLU of Mississippi as a legislative intern. I feel are very about their jobs. This is a team full of This opportunity has given me the chance significant at this time in our lives as selfless individuals who remarkably protect to engage legislators, policy makers and American citizens. This opportunity has the rights of all citizens. As I continue to stake holders. allowed me to learn how the law actually affects the lives of everyday people. This intern with the ACLU of Mississippi, I The ACLU of Mississippi has been helpful has deepened my interest in the work the anticipate acquiring more knowledge, not even in my everyday class participation. ACLU of Mississippi does. The staff here is only on the communications side, but from I am a Political Science major, and in very friendly and have welcomed me with others as well.

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12 BECAUSE FREEDOM CAN’T PROTECT ITSELF