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									    2 n
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2 ch Gu d                                                                                                                CIVIL LIBERTIES
 i r se
M te lo                                                                                                                 NEWSLETTER
 o c
V n                                                                                                                          The American Civil Liberties of Michigan                           (313) 578-6800
                                                                                                                             60 W. Hancock • Detroit, MI 48201-1342              
                                                                                                                             VOL. 6 NO. 3                                                       September 2002

                                                                            IMMIGRATION HEARINGS CASE

   Kary L. Moss...................................Executive Director
                                                                            Another ACLU Victory
   Becky Bull ..................................Development Director
   Michael J. Steinberg...........................Legal Director            IN A UNANIMOUS DECISION in August, a                                excluded from any deportation hearing designated
   Wendy Wagenheim .......................Communications                    federal appeals court struck down the govern-                       by the Justice Department as a “special interest
   Delphia T. Simpson .............................Staff Attorney,
                                                                            ment’s blanket policy of conducting secret deporta-                 case.” In declaring that policy unconstitutional, the
                                        Racial Justice Project              tion hearings in post-9/11 cases as a violation of the              United States Court of Appeals for the Sixth Circuit
   William B. Flory ..........................Assistant Director of
                                                     Legislative Affairs
                                                                            First Amendment. It is the first such decision by a                 emphasized the value of open proceedings and
   Jay Kaplan..............................................Staff Attorney   federal appellate court anywhere in the country.                    stressed that any legitimate security concerns must
                                                            GLBT Project
                                                                               “We applaud this decision for recognizing the                    be addressed on a case-by-case basis and not
   Brenda Bove .................................................Paralegal
   Cynthia Nicely..........................................Bookkeeper
                                                                            importance of the right of the press and the public                 through a categorical closure order.
   Carmetta Jones.....................Administrative Assistant              to know what’s going on in our courts,” said Kary                      The lawsuit, Detroit News, Inc., et al v. Ashcroft et
                                                                            Moss, ACLU of Michigan executive director. “The                     al, was filed by the national and state offices of the
                         OFFICERS                                           court sent a clear message that this administration                 ACLU on behalf of Representative John Conyers
   Jacquelin Washington................................President
                                                                            can’t run a secret government.”                                     Jr., the Detroit News, and the MetroTimes, an alterna-
   Joseph S. Tuchinsky....................................Treasurer
                                                                               Judge Damon Keith, writing for the court,                        tive weekly after the public and the press were
   Robert Shecter..............................................Secretary
   Mark Granzotto..............................General Counsel
                                                                            eloquently stated “The Executive Branch seeks to                    turned away from the deportation hearings in the
   Eugene Feingold................................National Board            uproot people’s lives, outside the public eye,                      case of Rabih Haddad.
                                                   Representative           and behind a closed door. Democracies die                              The plaintiffs in the Detroit News case were
                                                                            behind closed doors. The First Amendment,                           represented by Michael J. Steinberg and Kary Moss
             CIVIL LIBERTIES
              NEWSLETTER                                                    through a free press, protects the people’s right                   of the ACLU of Michigan, Lee Gelernt, Lucas
           Wendy Wagenheim, Editor                                          to know that their government acts fairly, lawfully,                Guttentag, and Steven R. Shapiro of the national
                Published by the                                            and accurately in deportation proceedings. When                     ACLU; Leonard M. Niehoff of Butzel, Long, P.C.;
         American Civil Liberties Union /                                   government begins closing doors, it selectively                     and John J. Romayne, III of Kasiborski, Romayne
            ACLU Fund of Michigan                                           controls information rightfully belonging to the                    & Flaska.
                  60 W. Hancock
                                                                            people. Selective information is misinformation.”
          Detroit, Michigan 48201-1342
                                                     Under the challenged policy, the press and pub-                                    The opinion may be found at:
                                                 lic (including family members) were automatically          OPINION=02a0291p.06

        Inside this issue...                                                ACLU Teams Up with Detroit Public Library
        Victory in Immigration
           Hearings Case. . . . . . . . . . . . . . . . . 1
        ACLU and Detroit Public
                                                                            HUNDREDS OF PATRONS visit the
           Library Team UP . . . . . . . . . . . . . . . 1                  Detroit Public Library every day and the
        From the Legal Director . . . . . . . . . . . . 2                   ACLU was extremely visible there for
        What’s Coming Up at
                                                                            two weeks in September. To celebrate
          the ACLU . . . . . . . . . . . . . . . . . . . . . 2              Banned Book Week, we partnered with
        What’s Happening in the Capitol . . . . . 7                         the library to display and provide infor-
                                                                            mation about just some of the books that
        SPECIAL INSERT:                                                     have been banned or challenged in the
           2002 Michigan Voter Guide. . . . . 3-6
                                                                            last year. Unfortunately, censorship is not
                                                                            a thing of the past. To see a list of the “100
        Spotlight on Student Interns . . . . . . . . 7
                                                                            of the Most Frequently Challenged Books” go
        From the Executive Director . . . . . . . . 8
                                                                            our website at
        Save The Date. . . . . . . . . . . . . . . . . . . . 8
PAGE 2                                                                             SEPTEMBER 2002                                AMERICAN CIVIL LIBERTIES UNION OF MICHIGAN

                                                                                               PROTECTING                                   the ACLU. Cooperating Attorney: Jim
                                                                                                                                            Rodbard with help from law intern Isa
    From the Legal Director                                                                    POLITICAL SPEECH                             Kasoga.
                                                                                                  The Oakland County ACLU defeated
                                                                                               proposed changes to the West                 ROUGE PARK CASE
  THE RULING ON THE open-immigra-                                                              Bloomfield sign ordinance that would
  tion courts decision (see p.1) is the first                                                  have, among other things, required can-         Our lawsuit against the City of
  major decision of a U.S. Court of                                                            didates and residents to obtain permis-      Detroit in challenging the undercover
  Appeals to place the breaks on John                                                          sion and a sticker from the township         operations of the Sixth Precinct that tar-
  Ashcroft’s assault on civil liberties in the                                                 before putting up a political candidate’s    geted gay men or men suspected of
  post 9-11 world. We are very proud of                                                        sign on their lawn. Cooperating              being gay in has been settled. We were
  that victory and it is probably the most                                                     Attorney: Robert Shaya.                      successful on many fronts:
  important case I’ve worked on since                                                                                                          The City will now rescind its “annoy-
  joining the ACLU staff. I am also proud                                                                                                   ing persons” ordinance and revise its
  to report about the following cases that                                                     THE RIGHT TO DANCE                           solicitation ordinance to address consti-
  we recently filed, won or resolved with-                                                        After Kalamazoo passed an anti-rave       tutional concerns raised in our com-
  out the need for litigation:                                                                 ordinance prohibiting dancing after 2        plaint; the arrest record of our clients
                                                                                               a.m., the Southwest Branch ACLU              regarding this incident will be removed
                                                                                               assisted an electronic music promoter        from all police records, and the Sixth
  VICTORY FOR                                                                                  known for his drug-free dances in devel-     Precinct will receive sensitivity training
  DISABILITY RIGHTS                                                                            oping a method to legally avoid the 2        regarding GLBT issues. In addition, the
                                                                                                                                            City of Detroit paid $170,000 in damages
      In a decision embracing the principle                                                    a.m. restriction. In return, the promoter
                                                                                               decided to sponsor a benefit dance for       and attorney fees.
  of equality for people with disabilities, a
  judge in the U.P. ruled that Mackinac
  Island must permit a resident with mul-
                                                  Michael J. Steinberg
  tiple sclerosis to ride an electric-assisted                                                    WHAT’S COMING UP AT THE ACLU
  tricycle. Because of his disease, Don
  Bertrand does not have the stamina             DISCRIMINATION AGAINST                         Oct. 4 –      Barry Steinhardt, National ACLU Privacy & Technology
  or balance to ride a typical two-wheel
  bicycle. Upon the recommendation of
                                                 ARAB-AMERICANS                                               Project Director, will be speaking in Ann Arbor
  his doctor, he purchased a tricycle with          The Lansing Area ACLU filed a
  a virtually silent motor to help him make      successful friend-of-the-court brief in        Oct. 11 –     The ACLU of Michigan will be honored by the American-
  it up a hill on those occasions when he        an employment discrimination case
  did not have the strength to make it on        against a school district and one of its                     Arab Anti-Discrimination Committee at their annual dinner.
  his own. Even though snowmobiles,              building contractors on behalf of an
  golf carts and electric wheelchairs are        Arab-American electrician. The contrac-        Oct. 16 –     Town Hall Meeting on GLBT Immigration Issues
  allowed, the Island refused to grant           tor’s supervisors repeatedly used ethnic
  Bertrand permission to use the tricycle,       slurs against the electrician and told him                   7 p.m. at the Drayton Avenue Presbysterian Church
  citing its general policy prohibiting          to take his work back to his “fucking                        2441 Drayton Avenue, Ferndale
  motorized vehicles. Recognizing that           country.” The ACLU brief argued that
  cycling was an integral part of Island,        there was plenty of evidence to warrant        The meeting, co-sponsored byAffirmations Lesbian and Gay Center, will pres-
  Judge Martin Breighner of Mackinac             a hostile work environment civil rights        ent an overview of current United States immigration policy and how it’s harm-
  County Circuit Court ruled the ADA             discrimination claim against both the          ful to same-sex multi-national couples. Information will be provided regarding
  “requires the [Island] to provide              school district and the contractor. The
                                                                                                political asylum claims based on sexual orientation and proposed legislation to
  [Bertrand] with the opportunity to par-        judge agreed and has refused to dismiss
                                                 the case. Badiee v. Brighton Area Schools.     recognize same-sex permanent partners. Guest speakers will include Sharon
  ticipate and enjoy the Mackinac Island
  experience. The purpose of these               Cooperating Attorney: Frederick Baker.         Alexander of the Human Rights Campaign Fund and Leslie Bulbuk of Love
  statutes is to tear down barriers that                                                        Sees No Borders. For more information and to register, contact kaplan@aclu-
  separate persons with disabilities from        FIGHTING                              or (313) 578-6812.
  more fortunate people, and to tear down
  barriers which reinforce discrimina-
                                                 RACIAL PROFILING
  tion.“ Bertrand v. City of Mackinac Island.       The Western Michigan ACLU filed a           Oct. 19 –     Renewable Gift Campaign begins
  Attorneys: Stewart Hakola and Michael          friend-of-the court brief in a high-profile
  Steinberg with assistance from law             case involving the arrest of three African     Nov. 1 –      Domestic Partner Workshop in Ann Arbor
  interns Justine Weyerhaeuser and               American men in Grand Rapids. The
                                                 arrests were made after a woman told a
                                                                                                              November 1, 2002, 9:30 to 4:00 p.m., at the University of
  Jay Lee.
                                                 police officer that she was afraid                           Michigan’s Michigan Union, in the Kuenzel Room.
                                                 because a black man had approached
  FIREFIGHTERS’                                  her. She could not describe the man or         The workshop is geared for employers, employee groups including unions, uni-
  RIGHT TO SPEAK OUT                             the car that he had been driving. After        versity staff and students, and local governments. Information will be provided
                                                 circling the block, the police eventually      regarding DP benefits, why they are needed, and how to provide such benefit
      This summer the ACLU filed a law-
                                                 found three African American men sit-          program. Speakers include Matt Coles, director of the National ACLU LGBT
  suit on behalf of the International
                                                 ting in a car. Although an officer testi-
  Association of Firefighters in federal                                                        Project, and representatives from DaimlerChrysler, Borders, Dow Chemical,
                                                 fied that there was no sign the men were
  district court challenging the constitu-                                                      and the City of Ann Arbor.
                                                 engaged in suspicious activity, he put on
  tionality of a Frenchtown ordinance that
                                                 the cruiser’s lights and ordered the men       For more information and to register, contact or (313)
  makes it a crime for firefighters to speak
                                                 out of their car at gunpoint. As the driv-     578-6812.
  to the news media about any “fire
                                                 er exited his car, he called out to the
  department matters.” The ACLU argues
                                                 neighbors for help because he was
  that the First Amendment protects pub-
                                                 afraid of police brutality. The men were
                                                                                                Nov. 16 – ACLU Annual Dinner at the Rattlesnake Club, Detroit
  lic employees’ right to speak out on mat-
                                                 arrested for “resisting and opposing a         See back page for more information.
  ters of public concern. International
                                                 police officer.” The judge dismissed the
  Association of Fire Fighters, Local 3233.
                                                 case because there was no reason to acti-      SAVE THIS DATE: March 20, 2003–Women’s Rights: The Law and
  Frenchtown Charter Township. Attorneys:
                                                 vate the cruiser lights and “seize” the
  David Radtke and Alison Paton with
  help from Sarah Zearfoss and Neal
                                                 men. The prosecutor appealed and the                           Political Activism in Ann Arbor
                                                 ACLU argues in its brief that the dis-
                                                 missal was proper. People v. Jones.
                                                 Cooperating        Attorneys:      Miriam      For more information on these events, call (313) 578-6801 or go to
                                                 Aukerman and Gary Gershon.
AMERICAN CIVIL LIBERTIES UNION OF MICHIGAN                                     SEPTEMBER 2002                                                                                                        Page 7

   What’s Happening in the Capitol                                                               Use your First Amendment Right–
                                                                                                                              Talk up the ACLU
  IT TOOK UNTIL the middle of August,                                                                                    to your friends, neighbors,
  but the legislature finally finished its
  work and recessed for the summer.
                                                                                                                       co-workers and acquaintances
  They came back on September 17th,                                                           Recruiting new members is the best way to ensure that the ACLU of Michigan
  but only for a few days before heading                                                                   will continue to be here to defend the Bill of Rights.
  off on the campaign trail.                                                                                     Clip this ad and use it to sign up a friend.
     Term limits will have their most sig-                                                                         Then mail it to the ACLU of Michigan,
  nificant overall impact in this election
                                                                                                                      60 W. Hancock, Detroit, MI 48201
  year. Of the 38 current Senators, 28 are
  barred from running again. In the                                                                                      or go to
  House, term limits and members vying
  for open senate seats have left 53 of the
                                                                                                              Join with nearly 300,000 Americans
  110 seats open (without an incumbent                                                                       who contribute to the defense of liberty
  in the race). Even the Governor’s office
  is open due to term limits. This means                                                                        through an ACLU membership!
  that after November 5th, an unusually                                                      Enclosed is a check for:
  large number of legislators will know
  that they are not coming back in                                                                                    Basic $20                          Contributing $35
     The high turnover rate, combined                                                                                 Supporting $75                     Sustaining $125
  with the possibility that there could be a   William B. Flory
  shift in the balance of power between                                                         I do not wish to join the ACLU, but enclosed is my contribution of $______.
  the Republicans and Democrats, means
  that we are likely in for a rather lively                                                     I’m already an ACLU member; here’s an extra contribution of $______.
                                               a new so-called “partial birth” abortion
  lame-duck session that could last until      bill, at the very least.
  the end of December.                         EFFORTS TO ADVANCE THE

     What can we expect? It is hard to say     OTHER PARTS OF THE RELIGIOUS
  with any certainty, but these are a few of   RIGHT’S AGENDA – charitable                   ADDRESS
  the things we should be concerned            choice, school vouchers, or tuition tax
  about:                                       credits, and the displaying of the Ten        CITY / STATE / ZIP

  MORE ANTI-CHOICE LEGISLATION                 Commandments in public buildings.
  – pro-life license plates, a change in the     No matter who wins on Nov. 5,               Your dues make you part of the National, Michigan and local organizations and are not tax-deductible.
  mandatory 24-hour waiting period and         remember – “vigilence is eternal.”

     One of the best things about summer is that both law and undergrad students have the
     time to work at the ACLU. They’re a great asset to the organization and they get the
     chance to experience first-hand what the ACLU is all about. Our thanks and appreciation
     to our students for contributing so much to making this a wonderful summer for all of

                                                                               (Left to right):
                                                                             Rob Goodspeed, Daniela Dover, Sam Ruben.
                                                                             (Not pictured: Leslie Ransdell, Erin Reese, Bryan

      First row (left to right): Kary Moss, Isa Kasoga
   Middle row: Nayyer Siddiqi, Delphia Simpson, Elizabeth
   Norman, Suzanne HassanJustin Weyerhaeuser
   Back Row: Mike Steinberg, Jay Lee, Michael Cecchini,
   Steve Blackburn, Nathan Livingston
PAGE 8                                                                      SEPTEMBER 2002                          AMERICAN CIVIL LIBERTIES UNION OF MICHIGAN

                                                                                    1960s when African-Americans had          administration. His responses to last
    From the Executive Director                                                     to risk their lives to vote. It took
                                                                                    years of dedicated effort, at substan-
                                                                                                                              year’s atrocities threaten us in pro-
                                                                                                                              foundly disturbing ways. The U.S.A.
                                                                                    tial physical cost to many, to secure     Patriot Act, rammed through
                                                                                    federal laws, such as the Voting          Congress, gave the government
   STAND UP AND VOTE!                                                               Rights Act of 1965, that began to turn
                                                                                    the promise of a vote into a reality.
                                                                                                                              expanded power to invade our priva-
                                                                                                                              cy, imprison people with due
                                                                                       But the right to vote has never        process and punish dissent.
                                            TOO OFTEN we take the right to          been a dream fulfilled. We have had          This has set a tone locally that
                                            vote for granted. But the last          to fight hard to enforce the laws that    presents an additional threat: For
                                            Presidential election was a huge        were won with such difficulty. In         example, local police departments
                                            wakeup call.                            1965 the ACLU created the Voting          are considering enforcing immi-
                                               Voters were not permitted to vote    Rights Project, which has had a           gration laws which could create a
                                            because their names were not on the     major impact on civil rights in           sub-population of people fearful of
                                            list of eligible voters even though     America, particularly in small towns      taking any criminal matter to the
                                            they had registered at motor vehicle    and rural communities in the South        police for fear of indefinite deten-
                                            offices; they were improperly           where its work has been directly          tion; our libraries are being visited
                                            purged from official lists; they        responsible for the election of count-    by the FBI; and, state legislators are
                                            were not able to vote because elec-     less black officials and, as a result,    still considering new wiretapping
                                            tion workers failed to provide          has had a profound impact on local,       laws.
                                            translation and language assistance     state and national politics.                  So show your thanks to the thou-
                                            at the polls. As the United States         The right to vote for the candidate    sands who risked their lives to vote,
                                            Commission on Civil Rights found,       of one’s choice, the Supreme Court        the thousands who fought for the
                                            blacks were more likely than whites     said in 1964 in Reynolds v. Sims, 377     laws that protect the right to vote,
                                            to have their ballots rejected and      U.S. 533, 555, “is of the essence of a    the thousands who have fought to
                                            acknowledged that “injustice,           democratic society, and any restric-      enforce those laws, and the thou-
                                            ineptitude and inefficiency” plagued    tions on that right strike at the heart   sands that come behind you and will
  Kary L. Moss, Esq.                        the election overall. The right to      of representative government. The         vote some day. Show your concern
                                            vote, and to have one’s vote accu-      legitimacy of elected office, and         that our democratic processes be
                                            rately and fairly counted, is as        indeed the legitimacy of government       treasured and respected. Vote in the
                                            fundamental a right as we have in       itself, rests upon the fairness and       November election.
                                            this country.                           reliability of the electoral process.”
                                               I can clearly remember the riots        We now face a huge challenge
                                            outside of polling places during the    with the advent of the Aschcroft

                       DON’T MISS THIS!
                                                                                                                                                  Non-Profit Org.
                        NOVEMBER 16                                                                                                                U.S. Postage
                The ACLU of Michigan Annual Dinner                                                                                                   P A I D
                                                                                    CIVIL LIBERTIES                                                 Detroit, MI
       will be at the Rattlesnake Club at River Place in Detroit.                   NEWSLETTER                                                    Permit No. 1078
             Cocktail and silent auction hour at 6:30 p.m.                          60 W. Hancock
                    Dinner and program at 7:30 p.m.                                 Detroit, MI 48201-1342

          Dinner $130 a plate • Table packages also available.
    For information, call 313/578-6815 or go to
                         KEYNOTE SPEAKER
                       Detroit Mayor Kwame Kilpatrick
                    Congressional Representatives
     John Conyers Jr., Lynn Rivers, David Bonior and John Dingell
             for their vote against the U.S.A. Patriot Act.
                  VOLUNTEERS OF THE YEAR
         Michael and Peggy Pitt of Pitt, Dowty, McGhee and Mirer
         for their devotion to the ACLU and the numerous hours
                       they have spent on our cases

                     Our annual dinner includes a silent auction.
                   We need donations of political and ACLU items,
      tickets to sporting and cultural events, massages, pedicures, manicures
              and gift certificates to restaurants or other items of value.
                     To arrange a donation to our silent auction,
                please call 313-578-6815 or e-mail
                         THANKS FOR
                        YOUR SUPPORT!

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