ACLU OF GEORGIA BILL OF RIGHTS DINNER AND ANNUAL REPORT

ACLU OF GEORGIA 2006 BILL OF RIGHTS DINNER AND 2005/2006 ANNUAL REPORT 2006 Bill of Rights Host Committee Chair Mike Luckovich Committee Members Jeff and Nancy Bramlett Dr. Jack and Yvonne Cohen N. Jerold Cohen Harry Harkins Guy Lescault Pamola Powell Rob Remar Marianne Spraggins Ken Stilwell From Our Executive Director... Imagine this: You’re a kid playing softball with your team in the park. You hit the ball, it bounces between the pitcher and the shortstop and you make it to first base in plenty of time. Then the umpire yells, “You’re out!” What? Debbie Seagraves “No, I’m safe,” you say, confused. “I made it to first without being tagged.” “But I’m the umpire and I say you’re out. So you’re out.” Please forgive the sports analogy, but the principle behind the “rule of law” is so basic, so indisputable in our democracy that a kids’ game of softball lays it out better than a 100-page tome: You can’t just make up the rules as you go along. Yet, that’s exactly what the current administration keeps doing. Domestic spying programs, Guantanamo Bay, international human rights violations and a growing number of cases right here in Georgia — including our Vegan Protesters arrest case and the Spy Files project on behalf of the Georgia Peace and Justice Coalition, School of America’s Watch and others — are all examples of how government officials are acting in accordance with their own agendas and not with the law. You and I both know that when we as a society willingly allow our government officials to ignore the rule of law in one set of circumstances, we are essentially giving them the go-ahead to do it in any circumstance. Last month I spent some time up at the United Nations presenting information to a group of nonprofits in support of the ACLU’s pending report about our government’s noncompliance with international human rights laws. The report will be submitted to the U.N. Human Rights Commission to rebut compliance claims made in our government’s official report. Caitlin Childs, a plaintiff in our Vegan Protesters case, spoke to the group as well. I applaud her efforts to stand up for her rights and in doing so stand up for the rule of law. And I thank you, too, for standing up for the rule of law by supporting the ACLU of Georgia. As a civil libertarian, you have never been more important to our state and our country than you are at this very moment. This is because you are one of the few who truly understands how the slippery slope works... why it’s dangerous to every person when one person’s rights are denied... why it’s essential for a democracy to abide by its Constitution and other laws of the land... and why we must defend our freedoms and laws 365 days a year even though it’s not easy. So I thank you as well for taking the opportunity to talk about the importance of the rule of law with your friends and neighbors whenever you can. And, finally, I thank you for refusing to let the umpire make up the rules as he goes along. From the President…. Many of you have probably read or heard of the recent study by the McCormick Tribune Freedom Museum that found that 22 percent of Americans could name all five members of the “Simpson Family” while only one in 1,000 surveyed could name all five freedoms protected by the First Amendment to the United States Constitution. The survey found that more people could name the three judges on “American Idol” than three freedoms protected by the First Amendment. Sadly, the study also showed about one in five people thought the right to own a pet was protected by the First Amendment. So why is it is important for us to know that Americans Torin Togut are more likely to remember the names of Homer, Marge, Bart, Lisa, and Maggie rather than the five freedoms - speech, press, religion, assembly and petition to government for redress of grievances - encompassed by the First Amendment? And who is responsible to ensure that Americans are more educated on our fundamental constitutional freedoms? Some might say these freedoms exist in a vacuum and are not important to us until and unless we perceive they actually apply to our daily lives. We could blame our public schools, parents, friends, national media, and other information outlets for failing to address this constitutional deficiency in our vocabulary. Blame, however, rarely works to create the systemic change we are seeking. The Georgia ACLU affiliate has been largely successful in securing court victories in protecting the five freedoms protected by the First Amendment. But court victories, by themselves, are not enough. We still must translate these victories into meaningful information that Georgians will understand. We have not successfully convinced most Georgians that constitutional freedoms are the cornerstone of a democratic society, especially when executive power is routinely unchecked. The court victories also have not stemmed the tide of new litigation involving prior restraints on free speech, freedom of expression, prayers at government meetings, displays of the Ten Commandants, the legality of evolution disclaimers, and a host of other First Amendment issues. I read in a local newspaper that a high school student in Gwinnett County asked Rep. John Linder ( R-Ga.) at a public forum what could be done to repress the media’s negative coverage of the Iraqi War? This question triggers a fundamental question why this student has the perception that government can censor the media for the negative reporting of the war? To overcome this perception, we must find creative and new ways to capture the attention of Georgians on the importance of First Amendment freedoms. We must make First Amendment freedoms more tangible and practical. Each of us are vehicles on this public education road. First, we must use the breadth of our knowledge and experience to educate students, adults, and the general public on First Amendment freedoms. Second, we must personally reach out to our close friends, family members, and acquaintances and cogently express why First Amendment freedoms actually impact their everyday lives. Finally, we must use our boundless energy to discover various communication means to express how the everyday work and accomplishments of the ACLU positively touch Georgians. This critical mission must resonate with Georgians in the same manner as the top ten contestants on American Idol. This is no easy task - but it is a task worthy of the effort. Let us shift the public’s ignorance of our Bill of Rights and fundamental freedoms to one of enlightenment. Let us begin today. EXECUTIVE COMMITTEE President 1st Vice President 2nd Vice President Treasurer Secretary Past President Affirmative Action Officer BOARD MEMBERS Jack Batson Henry “Chip” Carey Peter Cohen Don Coleman Steven Collins Deborah Ebel Bandar El-Eita Melanie Eyre Sen. Vincent Fort Lazaro R.M.A. Galindo Craig Goodmark Barbara Jennings Kurt Kastorf Daniel King Guy Lescault Joe Lewis Sandra Michaels Fred Northup Michael O’Reilly Shalini Patel Larry Pellegrini Rabbi Scott B. Saulson Shelly Senterfitt Laura Sweeney Torin Togut Elizabeth Tanis Chara Jackson Ken Stilwell A. Don George, MD Cherry Spencer-Stark Joe “Seyoum” Lewis STAFF Debbie Seagraves, Executive Director Gerald Weber, Legal Director Sherry H. Dawson, Director of Finance & Administration Beth Littrell, Associate Legal Driector Maggie Garrett, Legislative Director/Staff Counsel Verna Barksdale, Development Director Diane Winters, Office Manager ACLU of Georgia 75 Piedmont Avenue, Suite 514 Atlanta, GA 30303 (404) 523-6201 www.acluga.org info@acluga.org 2005 Campaign for Justice Sponsors Shalini Patel Richard Robbins Amelia Toy Rudolph Herbert Shafer Brian and Ellen Spears Jerre Swann Mr. and Ms. Robert Tauxe Judith Taylor Ronald Weber, M.D. Samuel Wethern and Jane Cronin Guardian of Freedom ($250 - 499) Nancy Abudu and Selah Abrams Carl Anderson, Jr. Franz Brotzen Randy Cadenhead and Debbie Segal Douglas Caulkins Luke Closson Dr. and Ms. Dean Danner Kenneth David Driggs Ronald Felton John and LisaFleming Ann and Bruce Fort Marina and Sander Gilman Chara Jackson Lee Ann Jones Susan Joseph and Gayle Lloyd Howard Karloff Robert Kronley and Ann Rosewater Howard Karloff Caroline Kresky Paul and Carol Kurtz Shafik and Nolly Ladha Dr. Charles Lance John Long Sarajane Love Dr. Edward and Cynthia Miron Patrick and Katherine McConnon Laughlin and Patricia McDonald Julie and Fred Northup, Sr. Mr. and Ms. William Scott Petty Wayne and Helena Rogers Jay Strongwater Jesse Spikes Shelley Senterfitt Jay Solomon Roman Szlam Patrick Walsh, Esq. Jonathan Wax David Zacks Defender of Freedom ($100 - $249) David and Caroline Adelman Jeannie and N. Boyce Appel Mr. and Ms. Scott Arnold Ellen Ash Gina Bailey Dr. William Baird Richard Baker Anita Barney Eshwar and Arrati Bandlamudi Ruthanna Bayless In memory of Lawrence E. Noble, Jr. William Bell Stephanie Stuckey Benfield Leonard Berman Elizabeth Bishop-Martin Anne Blitz Mr. and Mrs. Herschel Bloom John Bolton David Boyle Neil Bradley and Chris Correia Anita and Barney Brannen Steven Brody Bruce Brown and Cathy Peterson Mr. and Ms. Robert Bryant Dr. Robert and Lucinda Bunnen Benson Caplan and Beatrice Gruss Richard Cartoon Chamberlain, Hrdlicka, White, Williams & Martin H. Chip and Faye Carey Kathryn Craft Erick and Sandra Cramer Dr. Ernest Croot, III Patricia Cunningham Jill and Ivan Diamond Patty and David Durand William Durham II and Jessica Hagen Eric Esch Gail Evans Thomas Evans Samir Farra Harry and Peggy Findley Peter Franklin Gerald and Lucille Garmon Allen Garrett Richard Grunert, Esq. Beatrice Gruss Leonard Greenberg Louise Holladay Mary and David Hannon Mr. and Ms. John Harbin Mia Hartley Susan Heafield John Heise Charles and Kristy Helmick Jaye Hensel Sandra Herron Martha Heyman Robert Hill Alan and Lucy Hinman Rebecca Hoelting Louise Holladay Michael Holzknecht Judith Hopkins Dr. Sigmund and Dr. Anne Hudson Norman Iversen Gaby Ivie Susan Joseph Howard Kaplan and Julie Edelson Ann Karp Donald Kay Katherine Kennedy and Daniel Waggoner Anne Koch Elizabeth Kraft Caroline Kresky Andrew Kurlansky Mr. and Ms. Nolan Leake Michael and Jennifer Kraft Leavey D. M. 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Don George, M.D. Kilpatrick Stockton LLP King & Spalding LLP Elizabeth Tanis and John Chandler Liberty Coucil ($5,000 - $9,999) Kurt Aschermann Roger Bakeman and Kenneth D. Clark Deena Bernstein N. Jerold Cohen Peter and Barbara Cohen Steven Collins Georgia Shares Rick and Mary Horder Ralph and Marjorie Knowles Pamola Powell and Guy Lescault Ken Stilwell and Harry Harkins, Jr. William and Sylvia Teasley Constitution Circle ($2,500 - $4,999) Sandra Michaels and John Martin Jenny Mittelman and William Thompson William Quigley SAFECO James Stark and Cherry Spencer-Stark John Stephenson John Whitehead Freedom Circle ($1,000 - $2,499) Deena Bernstein Steve Clay Adam & Becky Corder Roger Friedman and Beth Heidelberg In honor of parents’ 50th anniversary John Helms James Hood Paul Horning, II Henry Kahn, M.D. and Mickey Gilmor-Kahn, C.N.M. Mr. and Mrs. Michael Kay Charles Miller Ron Raider Oscar Bud Russell and David Sausville Torin Togut and Teresa Romasco Drs. John and Fran Watkins The April & Jerry Weiner Foundation Champion of Freedom ($500 - $999) Miles and Elaine Alexander Dr. Dean Scott Attaway and Timothy Haas Joseph Bankoff Mike Delong Gail Evans Suzanne Feese W. Gordon Hamlin, Jr. M. Hakim Hilliard Mr. and Ms. Randall Hughes Voris Johnson Kirk Kanter Dr. Lee Kyser and Lawrie Demorest Kramer & Patel, LLC Pat McCrary and Lee Frush Alice Murtos Michael O’Reilly All gifts to the ACLU of Georgia are appreciated. Space limitations prohibit us from listing gifts under $100, but we thank you! Every attempt was made to have this list be as complete and accurate as possible. If your name was misspelled, omitted or added in error, please accept our apologies. From Our Legal Director... Defending embattled civil and constitutional rights is always the job of the ACLU of Georgia legal program. But recently, we’ve had a new addition to our “job description.” Tracking down the government spies. Since at least the passage of the PATRIOT Act, the ACLU has battled an ever-growing “culture of surveillance” by the federal, state and local government. In Georgia, we are representing vegan protesters whose legal and tame protest at a Honeybaked Ham Store was targeted for a Homeland Security spying operation. Gerry Weber The protesters were even arrested! The vegans case is part of an ACLU effort nationally and in Georgia to document government surveillance of law-abiding religious and advocacy groups. Through those efforts, we have learned that the FBI and the Department of Defense, as well as state and local officials, routinely spy on our friends and neighbors as they exercise their constitutional rights. The Georgia ACLU is taking on the most important issues of our times. When your rights are in danger, the ACLU is here to save them. Maybe it’s cheesy to say, but our issues really are not “red” or “blue” but “red, white and blue.” Here is just a recent sampling of our clients: ♦ White County high school students seeking to have a safe-schools group “Peers Rising in Diverse Education;” Georgia citizens who successfully challenged a state law that exempted the “Holy Bible” from taxation as a “unique and preferential treatment” of religion; A Whistle-blower slapped with a defamation lawsuit after she exposed problems at a local animal shelter; Dooley County inmates strapped by guards into restraint-chairs and then pepper-sprayed as punishment; An Atlanta business owner seeking to place murals on his own buildings without threat of arrest; Cobb County parents wanting their children taught science free of religiously motivated antievolution “disclaimers”; Georgia voters seeking to vote free of poll taxes; An East Point Baptist church stymied by local government when it sought to relocate to a commercial property. ♦ ♦ ♦ ♦ ♦ ♦ ♦ These are just a few of the highlights. Please read on and see what our three staff attorneys and dedicated corps of volunteer attorneys have done in just one year with your support! Each year yhe Georgia ACLU litigates nearly 40 cases -- one of the highest caseloads of any ACLU in the country. Our diverse docket covers all aspects of civil rights and liberties, constantly re-winning old battles and boldly tackling cutting edge issues of constitutional law. The volunteers and staff often struggle for years on a single case. One proud testament to our work is that our clients win more than they lose -- always against tremendous odds. With your continued support, we will march boldly on -negotiating where we can, litigating where we must, and standing up for the rights of all Georgians. Law Clerks Wolfgang Junge Chris Brown Karla Williams Payal Patel Jaime Wojdowski Turquoise Haskin Hieu Nguyen Nicole Frederico Heather Morris Anjali Vats Aisha Saeed Jordana Rubel Interns and Volunteers Kate Armstrong Lauren Boc Dr. Jack Cohen Yvonne Cohen Jake Eismeier Olie Cora Bibi Gnagno Kristin Johnson Paul Judson Lauren Klein John Kraft Patrick O’Neill Deanna Oswald Aaron Miller Lindsay McGuire James Nelson Megan Remmel Jennifer Rosenstock Michael Schub Andrew Shah Naomi Sternlicht Martell Walker Brooke White Interns, volunteers and law clerks are responsible for several significant activities of the ACLU of Georgia. Because we have a very small staff and receive about twenty requests for assistance each day, the help of our interns and volunteers is necessary for reviewing and responding to these requests. Our volunteers also assist staff with the cases that the ACLU does accept. They assist in interviewing potential clients, arranging press releases, filing documents with courts, and occasionally helping in lobbying efforts, or other tasks. In addition, interns assist with the day to day office tasks of photocopying, answering the phones and bulk mailing. Interns, law clerks and volunteers are invaluable to the ACLU of Georgia in fulfilling its vital role in defending civil liberties and protecting the Bill of Rights. And a Special Thank you to tonight’s volunteers! Dr. Jack Cohen Yvonne Cohen Ty Haber Gloria Jackson-Lewis Heather Morris James Nelson Patrick O’Neill Larry Pellegrini Jennifer Rosenstock Maxine Schein Naomi Sternlicht Anjali Vats ACLU of Georgia Co-operating Attorneys Nancy Abudu Debo Adegbile Miles Alexander Jennifer Auer Jordan Rick Baker Jack Batson Meredith Bell-Platts Emmet Bondurant Jim Bonner David Brackett Neil Bradley Jeff Bramlett Norman Chachkin Ken Choe Seth Cowen John Cross Frank Derrickson Ronin Dougherty-Bondurant Drew Doptkin Thomas Dunn Angela Elleman Ben Erwin Leigh Finlayson Allen Garrett Sara Gerwig Ralph Goldberg Craig Goodmark Ed Gorsoch John Greenbaum Carl Greenburg Edward Hine, Jr. Chris Ho Kurt Kastorf Gerard Kleinrock Ralph Knowles Daniel Kohrman Jeanney Kutner Paul Levy Frank LoMonte Georgia Lord Michael Manely Hollie Manheimer Jack Martin Laughlin McDonald Emily Meazell Louise Melling Leighton Moore William Nguyen Julie Northup Kimberly Perkins Lucinda Perry Kes Roberts Jim Rockefeller Bette Rosenweig Catherine Sanderson Michael Schub Debra Schwartz Bryan Sells Jack Senterfitt Sarah Shalf Theordore Shaw William Shingler Gary Spencer John Stephenson Jeffrey Swart Elizabeth Tanis Scott Titshaw Torin Togut Sandy Wallack Rebecca Wasserman Adam Webb Frank White ACLU of Georgia Bill of Rights Dinner 2006 Welcome Torin Togut President Opening Remarks Cherry Spencer-Stark Host Dinner Owen D. Winters Volunteer Award Volunteer Attorney Award Frank Derrickson George and Bee Rich Wolfe Award Reverend Tim McDonald Georgia Civil Liberties Award John Chandler and Sutherland, Asbill & Brennan National Civil Liberties Award Ray McGovern Keynote Address Anthony Romero Introduced by Rob Remar Closing Host and Keynote Speaker Anthony Romero, Keynote Speaker. Anthony D. Romero took the helm of the American Civil Liberties Union in September 2001, a week before the attacks on the World Trade Center and the Pentagon. Under his leadership, the ACLU has worked tirelessly to protect civil liberties through its Safe and Free campaign and its efforts to hold government officials accountable for the treatment of detainees at Abu Ghraib, Guantanamo, and in Afghanistan. Other new ACLU initiatives developed under Romero's leadership have focused on racial justice, religious freedom, gay rights, reproductive freedom and privacy. Romero, an attorney with a history of public-interest activism, has presided over the most successful membership growth in the ACLU's 85-year history, almost doubled the budget of the organization and increased the national staff by over 75% since he began his tenure. Romero is the ACLU's sixth executive director, and the first Latino and openly gay man to serve in that capacity. He came to the organization from the Ford Foundation's Human Rights and International Cooperation Program, which he led through a period of extraordinary growth, transforming it into Ford's largest and most dynamic grantmaking unit. Romero also served for nearly five years as a Ford Foundation Program Officer for Civil Rights and Racial Justice; and for two years on the program staff of the Rockefeller Foundation. Cherry Spencer-Stark, Host. Cherry is a Georgia native and long-time political activist. Cherry graduated from Atlanta Public Schools, received her BSN at the University of Florida and her MN at Emory University. Cherry has provided many years of community service and has been a member of and provided leadership to organizations that have benefited from her time, intelligence and commitment to equality. She is the Past President of the ACLU of Georgia; Founding Co-Chair of the Georgia Equality Project; past treasurer of the Georgia Nurses Association; on the Advisory Board of Directors for Marietta’s Theatre In The Square; a member of IMPACT, a City of Marietta citizens group and The Rotary Club of Marietta. She received the 1996 HRC Community Leadership Award and, along with her husband, Jim, the 2002 Cobb Democrat of the Year Award. 2006 Bill of Rights Award Recipients Ray McGovern, National Civil Liberties Award. Ray McGovern’s 27-year career as a CIA analyst spanned administrations from John F. Kennedy to George H. W. Bush. Ray is now co-director of the Servant Leadership School, which provides training and other support for those seeking ways to be in relationship with the marginalized poor. The School is one of ten Jubilee Ministries, not-for-profit organizations inspired by the ecumenical Church of the Saviour and established in an inner-city neighborhood in Washington, DC. In January 2003, a handful of intelligence community alumni/ae, including Ray, created Veteran Intelligence Professionals for Sanity. VIPS now includes over 35 former professionals from CIA, the Defense Intelligence Agency, the Department of State’s Bureau of Intelligence and Research, Army Intelligence, the FBI, and the National Security Agency. VIPS’ first effort (of ten thus far) was a same-day critique of Secretary of State Colin Powell’s address to the UN on February 5. In addition to co-authoring some of VIPS’ issuances, Ray has published some 20 op-eds over the past year on intelligence-related issues. These have appeared in newspapers and journals around the country like The Birmingham News, The Boston Globe, The Christian Science Monitor, The Miami Herald, Die Sueddeutsche Zeitung, The International Herald Tribune, and Der Berliner Tagespiegel, for example. Over the past several months, he and his VIPS colleagues have made numerous TV, radio and lecture appearances in the US and Europe. They also have appeared in several recent video documentaries—notably, “Uncovered: the Whole Truth About the Iraq War” (Robert Greenwald) and “Break the Silence: Truth and Lies in the War on Terror” (John Pilger). Ray received his B.A., summa cum laude, from Fordham College and was elected to Phi Beta Kappa. Designated a Distinguished Military Graduate, he was commissioned upon graduation and served as an infantry/intelligence officer in the US Army from 1962-64. Ray holds an M.A. in Russian Studies from Fordham University and a certificate in Theological Studies from Georgetown University. He is also a graduate of the Harvard Business School’s Advanced Management Program. At his retirement ceremony, Ray received the Intelligence Commendation Medal and a letter from then-president George H. W. Bush wishing him well in his transition to non-profit work in inner-city Washington. Ray served on the board of Bread for the City from 1989-94, the latter two years as president, before becoming co-director of the Servant Leadership School. A native New Yorker, he has been married to Rita Kennedy for 42 years; they have five children and six grandchildren. Frank Derrickson, Volunteer Attorney Award. Frank Derrickson received his B.B.A. in Finance from the University of Miami in 1971. He attended the University of Florida and received his J.D. in 1974. He opened his practice, specializing in litigation, in Atlanta, Georgia in 1975. His practice is divided between criminal defense and general civil litigation. He is a past member of the Board of Directors and Chairman of the Legal Committee for the ACLU and is active in the volunteer lawyer program. Frank is currently a sole practitioner in Decatur, Georgia and is a member of the DeKalb Bar Association. His voluntary efforts for the ACLU began when he met Patsy Morris. On behalf of the ACLU of Georgia she asked if he would be willing to work with Tom West who was representing a young death row inmate. Little did Frank know that this would be the beginning of an approximately thirty year volunteer relationship. In his capacity as an ACLU volunteer lawyer he helped represent one of the “Reidsville Brothers”, a group of prison inmates who were charged with the death of a guard in a prison riot at the Georgia State Prison.. After a year of legal warfare waged across south Georgia, Frank’s client was acquitted by a jury in Hinesville, Georgia. During this same time period Frank had the honor of marching in the front rank of Hosea William’s historic demonstration against the Death Penalty, which traveled from Savannah to Reidsville. Most recently Frank has worked with the ACLU’s staff counsel in a series of first amendment cases including the ACLU’s successful efforts to remove the Ten Commandments posted in the courthouses in the Georgia counties of Habersham and Barrow. This cartoon by Jeff Parker of Florida Today John Chandler, Georgia Civil Liberties Award. John tries business cases. He has represented clients in numerous complex professional liability, insurance, securities, RICO cases and health care cases. He has represented all of the Big Four accounting firms, several local accounting firms and several law firms in addition to insurance companies, health care providers, individuals and partnerships. John is the Chair of the firm’s litigation group. John has served as President of the Atlanta Bar Association, the Atlanta Council of Younger Lawyers, the Atlanta Legal Aid Society, The Atlanta Volunteer Lawyers Foundation, Travelers Aid of Metropolitan Atlanta, Chair of the Fulton County Ethics Board and Chair of the City of Atlanta Board of Ethics. John was a member of the Board of Governors of the State Bar of Georgia for 20 years. He is also a member of the International Association of Defense Counsel, Past President of the Bleckley American Inn of Court, a Master of the Lumpkin American Inn of Court, a member of the Board of Visitors of the University of Tennessee College of Arts and Sciences, a Trustee of the Lawyers Foundation of Georgia, a Fellow of the American Bar Foundation and a Fellow of the American College of Trial Lawyers. John is recognized in Chambers USA America’s Leading Business Lawyers, The Best Lawyers in America, and International Who’s Who of Business Lawyers. He was also named as a Georgia Super Lawyer by Atlanta Magazine in the area of Litigation and was named to Georgia Trend’s “Legal Elite.” Rev. Tim McDonald, George and Bee Rich Wolfe Award. The Rev. Timothy McDonald joined People For the American Way’s Board of Directors in May 1995. He is pastor of First Iconium Baptist Church in Atlanta, Georgia. He is also President of Concerned Black Clergy, an ecumenical organization of Black and White clergy and lay persons working on behalf of the poor. McDonald previously served as Special Assistant for Community Concerns for Mayor Maynard Jackson. As National Director of Operation Breadbasket and Special Projects for the Southern Christian Leadership Conference from 1983-1989, McDonald spearheaded projects around drugs, economic empowerment, South Africa, Central America, the Middle East, homelessness, the death penalty, and AIDS. He also served as full-time Assistant Pastor of the historic Ebenezer Baptist Church in Atlanta (Dr. Martin Luther King’s church). Among his numerous awards and achievements Rev. McDonald was named Outstanding Role Model by Youth Initiative Project, Inc., was honored by United Negro College Fund and American Cancer Society for exceptional volunteerism, and was named Humanitarian of the Year by the Citizen Coalition for Growth. McDonald serves on the boards of directors of Atlanta Recovery Center, Concerned Black Clergy, FEMA United Way, Christian Council of Atlanta, Clergy and Laity Concerned, Sane/Freeze, Alternative Life Paths, and Georgia Public Assistance Coalition. Rev. McDonald has traveled on peace missions to Japan, the United Kingdom, Nicaragua, Israel, Jordan, Canada, Italy, Cuba, Mexico, Egypt, the West Bank, South Africa, and various countries throughout Central and South America. He received a B.A. from Berry College in Rome, GA, holds a Master of Divinity from Emory University, and has completed some work towards a Doctor of Ministry from Emory University. Religious Freedom Voting Rights Death Penalty Free Expression Reproductive Freedom Race/ National Origin LGBT Rights Poverty Student/ Juvenile Rights Open Government Prisoners’ Rights From Our Lobbyist… 2006 Legislative Activities CHURCH/STATE Ten Commandments - HB 941 - PASSED In its original form, HB 941 would have called for the hanging of the Mayflower Compact, the Ten Commandments, and the Declaration of Independence. The Secretary of State Maggie Garrett would have been required to “prepare and dis tribute” copies of all three documents to the governing authority of each municipality and political subdivision in the State of Georgia; the State Attorney General would have been responsible for defending any lawsuit brought against such a display; and the State would have had to cover the costs of the lawsuits. This original version passed the House with a vote of 140-26 with 13 Representatives not voting. After extensive amendments, the bill now only encourages counties to display of the Ten Commandments and eight other documents, and the State and its officers are not required to act or pay for lawsuits. The bill passed the Senate with vote of 43-4 with 8 Senators not voting. After a conference committee on the bill, the House agreed to the Senate changes. The bill awaits the signature of the Governor. Bible Class Bills SB 79- PASSED As introduced, this bill had nothing to do with Bible Classes, but in committee, the sponsor of the bill stripped out the original language of the bill, in its entirety, and inserted language to create two Bible Classes. This bill mandates that the State Board of education create two Bible courses, an Old Testament Class and a New Testament Class. If the local school boards choose, these courses could be offered as electives. SB 79 passed the Senate with a vote of 50-1 with one Senator not voting and four Senators excused. The bill passed the House with a vote of 151-7 with 13 Representatives not voting and 9 Representatives excused. The bill is now awaiting the signature of the Governor. Faith-based Amendment - HR 1345 - FAILED The Governor’s resolution, HR 1345, would have repealed the Georgia state constitutional provision governing the separation of church and state. Our current state constitutional provision, like that of 37 other states, is more stringent than the federal constitution. The effect of this resolution would have been to gut our state protections so as to open the door to school vouchers and allow a Bush-like faith-based program. HR 1345 passed the Human Relations and Aging Committee after the Speaker’s Hawk (a Hawk is Representative who is not a member of the Committee, but who is allowed to enter any committee and cast a vote anyway) cast the deciding vote to pass the resolution out of committee. On March 13, 2004, the resolution failed to obtain the 2/3 vote required for a constitutional amendment on the floor of the House. The bill only received 95 votes in its favor, with 74 Representatives voting no, 4 Representatives not voting, and 7 Representatives excused. CRIMINAL LAW Sex Offender Bill - HB 1059 - PASSED This bill significantly increased penalties, living restrictions, and registration requirements for those convicted of sexual offenses. The ACLU monitored this bill and provided some legal analysis to lawmakers and other groups lobbying against the bill. The severity of the bill is troubling for several reasons. For example, the registration requirements are so difficult to meet that it will likely push offenders underground rather than help law enforcement keep track of sex offenders. In addition, some of the provisions in the bill are blatantly unconstitutional, such as a provision calling for the death penalty for crimes where the crime did not result in the death of the victim. The bill passed both chambers and awaits the Governor’s signature. Capitol Punishment Study Committee - SR 1030 - FAILED SR 1030 would have created study a committee to examine whether the death penalty is administered fairly and accurately. It failed on the Senate floor with a vote of 17-33, with 3 Senators not voting and 3 Senators excused. FREE SPEECH Choose Life License Plates - HB 1053 - PASSED HB 1053 is an omnibus license plate bill that includes “Choose Life” but not “Pro-Choice” license plates. With passage of the bill, the state is permitting one viewpoint on abortion (Pro-Life) but not the other (Pro-Choice). This would constitutes viewpoint discrimination and violates the Free Speech Clause of the US Constitution. The bill easily passed the House 145-16, with 13 no votes and 6 Representatives excused. Attempts to add a “Pro-Choice” license plate were defeated. Implementation of SB 1053 relies upon the passage of a constitutional amendment in the fall, which would create the mechanism for the State to give revenue to non-profit groups who are given license plates. “Merry Christmas” Bill - HB 941 - FAILED The sponsors of this bill have argued that it would protect students who are being prevented from saying “Merry Christmas.” As written, this bill really does not clarify or add student speech protections. The ACLU tried to work with the sponsors of the bill to obtain amendments to the bill to strengthen the free speech rights of all students, including those desiring to wish other students holiday wishes, but our amendments were not added. This bill passed the House with a vote of 136-25 with 17 Representatives not voting and 2 Representatives excused. The Senate Committee on State and Local Governmental Operation passed the bill out unanimously, but the bill never made it to the Senate floor for a vote. Funeral Protest Bill - SB 606 - PASSED This bill creates a no speech and no public assembly zone of 500 feet from any funeral, even if the speech or assembly were silent and not targeted at the funeral. Although well intentioned, the bill is unconstitutional. This bill passed the Senate unanimously on March 9, 2006 and passed the House with a vote of 144-15 with 17 Representatives not voting and four Representatives excused. The bill awaits the signature of the Governor. GAY AND LESBIAN RIGHTS Student Club Permission Slips - SB 149 SB 149 & HB 661 & HB 413- PASSED The original versions of these bills would have required permission slips for students before they could join any club or attend any extracurricular activity. Although SB 149 passed out of committee, it could not make it onto the Senate floor. Accordingly, the bill sponsor added the bill, in its original form, to another bill, SB 413, on the Senate floor. When SB 413 reached the House Education Committee, however, the school clubs provision was amended to include an “opt-out” requirement rather than an “opt-in” requirement. Ultimately, the bill passed as “opt-out” requirement as part of SB 413. The bill awaits the Governor’s signature. PRIVACY Biological Privacy - HR 1558 - PASSED This bill creates House study committee on biological privacy. This bill, supported by the ACLU, passed uncontested in the House. RACE/NATIONAL ORIGIN/IMMIGRATION Anti-Immigration Legislation - SB 529 - PASSED Numerous anti-immigration bills were introduced in the House and the Senate this year. The bill ultimately passed was SB 529. This bill will (1) require certain employers to verify the immigration status of certain workers or forego tax benefits they obtain for hiring those workers; (2) set up provisions banning human trafficking; (3) require that law enforcement verify the immigration status of any person arrested (4) and create identification requirements to receive benefits. The ACLU opposes this bill because of concerns that it will prevent some people who are eligible for services from getting those services, and it will open up new avenues for racial profiling. The bill passed the Senate with a vote of 40-13 with 3 Senators excused. The House passed SB 529 with a vote of 123-51, with 3 representatives not voting and 3 Representatives excused. The bill awaits signature from the Governor. REPRODUCTIVE RIGHTS Pharmacist Exemption - HB 1178- PASSED As introduced, the Pharmacist Exemption bill, would have allowed pharmacists who “believe” that a drug causes an abortion to refuse to provide that drug. In the end, the version of the bill that passed makes clear that a pharmacist cannot be fired if he or she refuses to prescribe drugs that cause an abortion, but it does not permit a pharmacist to deny women birth control or emergency contraceptives. Feticide Bill - SB 77 - PASSED This bill is designed to create crimes against a fetus when such crimes are committed against a pregnant woman. The bill is the latest addition to an ongoing assault on reproductive freedom, as it seeks to create personhood for the fetus. Pregnant women could be protected without adopting the Act's approach of undermining the right to choose abortion. Indeed, the testimony of the bill's proponents revealed that the bills are a thinly veiled attempt to create fetal rights. The bill awaits the signature of the Governor. Mandating Sonograms - HB 888 & SB 429 - FAILED These bills, as originally introduced, would have required that a doctor have sonogram equipment and perform a sonogram before he or she could perform an abortion on a woman or even refer a woman to another doctor for an abortion. Neither bill was passed by both the House and the Senate. Thus, both bills died. VOTING RIGHTS Photo Identification for Voting - SB 84 - PASSED The legislature passed HB 244 in 2005 to require that people who vote in person must have a government-issued photo ID. Touted as a bill that would curb voter fraud, the bill would actually prevent legitimate voters from voting. Ultimately, the ACLU and several other groups filed suit in federal court to stop implementation of the law. The District Court held that the law was unconstitutional and enjoined the state from requiring government-issued photo IDs at the polls. The legislature passed a different photo ID requirement in the 2006 session. The bill amended the 2005 law to make photo IDs available at more places; and create a less ambiguous indigency provision. The revisions, however, do not save the law - the bill, is again, unconstitutional. The bill was passed in both the House and Senate and was signed by the Governor. The bill awaits approval from the U.S. Department of Justice, as is required by the Voting Rights Act and has already been incorporated into our litigation on the subject. A Final Farewell. When I met Mrs. Coretta Scott King, I was very excited to meet a famous black person from the Civil Rights Movement. Last year, while in the third-grade we studied about Mrs. King and the Civil Rights Movement. So, when I finally met her at the ACLU Bill of Rights Dinner in 2005, it was a glorious day for me. I was very nervous and scared; because I thought, I might say or do something wrong. But, when I walked up to her and introduced myself, she simply took my hand and said, “Hello Dakota, please to meet you.” She spoke in a very soft voice and went to her seat with her tall body guard following behind her. The night I meet her, I knew she was someone special inside and I will never forget that night for the rest of my life. Good-bye Mrs. King...for now. Mrs. Coretta Scott King and Dakota Dawson 2005 Bill of Rights Dinner -Dakota Dawson Dakota Dawson is the 9 year old son of Sherry and Aaron Dawson FINANCIAL INFORMATION American Civil Liberties Union of Georgia, Inc. (the “Union”) Condensed Financial Information for the Fiscal Year Ended March 31, 2005 The Union is a 501 (c) (4) organization. Contributions received by the Union are not tax deductible to the donor because the Union engages in lobbying activities. The primary source of revenue for the Union is membership contributions. Financial resources of the Union are applied to grassroots organizing, public education, lobbying and other activities. Revenue Membership Income Investment Income Total Revenue $ 93,359 1,388 $ 94,747 Expense Program Services Management and General Membership Development Total Expenses Net Activity Net assets at beginning of year Net assets at end of year $ 71,251 9,044 10,966 91,262 3,485 (1,871) $ 1,614 The ACLU Foundation of Georgia, Inc. (the “Foundation”) Condensed Financial Information for the Fiscal Year Ended March 31, 2005 The Foundation is a 501 (c) (3) organization. Contributions received by the Foundation are tax deductible to the donor. The primary sources of revenue for this organization are annual campaign contributions, grants, special appeals, court awarded attorney fees and event proceeds. The financial resources of the Foundation are applied toward litigation, public education, administrative activities and fundraising. Revenue Litigation Income Benefit Event Income Investment Income Unrestricted Contributions Grants Endowment Income Revenue Sharing Total Revenue $ 250,617 16,310 90 162,021 36,100 1,380 17,628 $ 484,146 Expense Program Services Management & General Fundraising Total Expenses Net Activity Net assets at beginning of year Net assets at end of year $ 291,297 65,610 21,825 378,732 105,414 51,401 $ 156,815 Congratulations to the ACLU of Georgia Ernest T. Northrup, CPA Pat Gardner Georgia Psychological Association 1750 Century Circle, Suite 10 Atlanta, GA 30345 404-634-6272 www.gapsychology.org Wally Tanksley, LLC Arbitration/Mediation www.tanksleymediation.com Wallace T. Tanksley Atlanta (404) 372-4190 Wallyii@yahoo.com Registered Neutral—Supreme Court of Georgia This Space For Nikki Alexander Cartoon by Mike Lane of the Baltimore Sun Congratulations Floyd “Flo” Taylor! Mr. Lucky (Meow Meow) & Mr. Ed (Hee Haw) Queer Sign Company Amnesty International USA 404-876-5661 amnestyusa.org 1-800-AMNESTY Securing human rights and human dignity for all Torin Togut & Teresa Romasco Warmly Congratulate the 2006 Award Recipients and thank them for their support Of the ACLU. Some things are best left to chance… but really important things are best left to the ACLU. Keep up the good work ACLU of Georgia, we all depend on you! From your friends at the Georgia Rural Urban Summit Box 225 Decatur GA 30031 www.georgiasummit.org 404.522.4787 Cartoon by Mike Keefe of the Denver Post ACLU of Georgia Amicus Foundation Amicus Foundation members include donors who contribute $5,000 or more each year to support the ACLU of Georgia. Their generous gifts help fund litigation and outreach programs that galvanize citizens across Georgia and safeguard our most treasured liberties. Sutherland, Asbill & Brennan LLP and its attorneys Drs. George and Alice Benston King & Spalding and its attorneys Alston & Bird, LLP and its attorneys Daniel J. King Deborah Ebel Anthony Don George, M.D. Elizabeth V. Tanis and John A. Chandler Kenneth Stilwell and Harry Harkins N. Jerold Cohen Roger Bakeman and Kenneth D. Clark Deena Bernstein Peter and Barbara Cohen Steve Collins Rick and Mary Horder Ralph and Marjorie Knowles Pamola Powell and Guy Lescault “We the People” must carry the torch… and honor those who keep it burning