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2 n 0 ga ide 0 i 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 E 60 W. Hancock • Detroit, MI 48201-1342 www.aclumich.org VOL. 6 NO. 3 September 2002 IMMIGRATION HEARINGS CASE STAFF 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 Director 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 www.aclumich.org Under the challenged policy, the press and pub- The opinion may be found at: firstname.lastname@example.org lic (including family members) were automatically http://pacer.ca6.uscourts.gov/cgi-bin/getopn.pl? 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 www.aclumich.org 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 mich.org 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 email@example.com 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- Bush. missal was proper. People v. Jones. Cooperating Attorneys: Miriam For more information on these events, call (313) 578-6801 or go to www.aclumich.org 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 www.aclumich.org 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 January. 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 NAME 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. PHONE – 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 Vanderhoof) 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 www.aclumich.org KEYNOTE SPEAKER Detroit Mayor Kwame Kilpatrick COURAGE UNDER FIRE HONOREES 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 MAKE A DONATION TO OUR SILENT AUCTION 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 firstname.lastname@example.org. THANKS FOR YOUR SUPPORT!
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