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 Iraq 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.