ACLU News Apr by mikesanye


									NEWSPAPER                          OF THE            AMERICAN CIVIL LIBERTIES UNION                                                               OF     NORTHERN CALIFORNIA

aclu news

                                                                                  MARCH-APRIL 2003
                                                                                                                                                                                                   U.S Postage
                                                                                                                                                                                                 Permit No. 4424
                                                                                                                                                                                                San Francisco, CA

                                                                                                                                                                                                     NO. 2

                                                                                                                                                                          WAR AND
Landmark Reforms Won in Profiling Suit                                                                                                                                    LIBERTY
             BY ELIZABETH HAN                        moratorium on consent searches instituted                    relies on racial stereotypes, according to
               ACLU INTERN                                                                                                                                                  uring this time of war, the

                                                     in 2001 by the CHP as a result of the suit. It               the ACLU. The “difference between the
                                                     also bans drug-related pretext stops — the                   stereotype and the actual fact is at the                  ACLU will work vigorous-
                                                                                                                                                                            ly to protect civil liberties

      n a first of its kind settlement, the          practice of pulling over motorists for a                     heart of the problem: very little contraband
      California Highway Patrol (CHP) has            minor traffic violation as a pretext for                     is found in those consent searches,” said          at home. In particular, we have
      agreed to adopt sweeping reforms—              searching the vehicle for drugs. Latinos                     Streeter. “The state’s leading law enforce-        set our sights on defending the
including a ban on consent searches and              are approximately three times more likely                    ment agency would not adopt this ban if            rights of demonstrators and of
restrictions on drug-related pretext                                                                                                                                 people of Iraqi descent who are
stops—that will help curb the practice of                                                                                                                            targeted for questioning by gov-
racial profiling on California’s highways.            The reforms agreed to by the CHP should serve                                                                  ernment agents. To download
“There has been no other racial profiling                                                                                                                            information about the rights of
lawsuit in any other state that has resulted          as a model policy for local police departments                                                                 demonstrators and the rights of
in these kinds of reforms,” said Jon                              throughout the state.                                                                              school students to protest, visit
Streeter, partner at the San Francisco law                                                                                                                 
firm of Keker & Van Nest and the lead                                                                                               — Mark Scholsberg                    If you, or someone you
counsel for the ACLU in the case.                                                                                                                                    know in the Iraqi community has
     “Today’s settlement marks a turning             to be searched by CHP officers than whites                   consent searches were really needed,” not-         been targeted for questioning,
point in the fight against racial profiling in       in the Central and Coastal Divisions, and                    ed ACLU-NC legal director Alan Schlosser.          or if you are a protester who
California,” said Curtis Rodriguez, a plain-         African Americans are approximately twice                    “Racial profiling is not necessary for effec-      needs advice, please call the
tiff in the case, Rodriguez et al v. CHP. “It is     as likely to be searched in those divisions,                 tive law enforcement.”                             National Lawyers Guild’s 24-
important because it will make our high-             according to data obtained during the suit.                      The settlement also includes: compre-          hour free legal advice line at
ways safer for everyone; Latino and African              With the ban on consent searches, “the                   hensive data collection on traffic stops,          415-285-1055.
American motorists will no longer have to            settlement addressed law enforcement tac-                    including the reason for the stop, whether
live in fear of being stopped and searched           tics most likely to be infused with bias,”                   a search was conducted, the legal basis for      Commissioner Spike Helmick for becoming
simply because of the color of their skin.”          according to Mark Schlosberg, police prac-                   the search, and the result of the stop and       the first agency in the nation to institute
     The lawsuit was part of an extensive            tices policy director of the ACLU of Northern                search; and the creation of an Auditor posi-     such reforms. “The reforms agreed to by
ACLU campaign involving legislative advo-            California (ACLU-NC). Consent searches,                      tion to monitor the data, who will report        the CHP should serve as a model policy for
cacy, grassroots organizing, public educa-           which give great discretion to officers, can                 directly to the Commissioner.                    local police departments throughout the
tion and litigation that seeks to stamp out          easily become an opportunity for latent                          The ACLU praised the CHP and                 state,” said Schlosberg. ■
the phenomenon of “Driving While Black               racism to be manifested, Schlosberg said.
or Brown (DWB).”                                         Racial profiling is not merely discrimi-
     The settlement extends by three years a         natory; it is an ineffective practice that
                                                                                                                                 ACLU Challenges
   Resolution Campaign                                                                                                           Student Roundup
                                                                                                                           BY STELLA RICHARDSON                    are worried about having their photographs
       Gains Force                                                                                                        MEDIA RELATIONS DIRECTOR                 in a police “gang database.” “Does this
                                                                                                                                                                   mean that I will be stopped again?” asks

                                                                                                                          n January 30, the ACLU of Northern       Benitez.
           BY SANJEEV BERY                                                                                                California (ACLU-NC) filed a class           “I think it is very disturbing when our
        ACLU ADVOCATE/ ORGANIZER                                                                                          action lawsuit challenging the           kids are treated like this,” said Ron
                                                                                                                  unlawful roundup of approximately 60 stu-        Prentice, a parent of one of the plaintiffs.

     n city halls across the U.S., a movement                                                                     dents at James Logan High School in Union        “These kids are going to school to learn, but
     is growing to reclaim our rights. As a                                                                       City. On February 22, 2002 the students          the school is teaching them the wrong les-
     new Bush administration proposal                                                                             were illegally rounded up, detained for up       son when it rounds kids up who are simply
dubbed “Patriot Act II” looms on the hori-                                                                        to two hours, searched, interrogated, and        going to class or eating lunch.” Benitez,
zon, local officials around the nation are                                                                        photographed by Union City police officers       Prentice, and a third student, Victor
mounting vocal opposition to its predeces-                                                                        and school officials. The information gath-      Munoz, are suing on behalf of all students
sor, the USA Patriot Act of 2001.                                                                                 ered from the students apparently was                                     Continued on page 4
     Already, over 75 cities and counties                                                                         entered into a “gang database” maintained
nationwide representing more than 5.4                                                                             by the Union City Police Department.
million Americans have passed resolutions                                                                             “These high school students, most of
opposing the USA Patriot Act and other                                                                            them Latino or Asian, were subjected to
federal actions that erode civil liberties.                                                                       the most humiliating kind of treatment:
                                                                                                  ELIZABETH HAN

These measures are powerful statements                                                                            they were rounded up, patted down, forced
in opposition to troubling new government                                                                         to let officials search their backpacks and
powers, including giving the FBI expanded                                                                         purses, and then interrogated and pho-
authority to spy on political meetings and                                                                        tographed by the police so that they could
houses of worship, monitor Internet and              The ACLU-NC’s Sanjeev Bery (l) speaks at                     be added to a gang database—all without
email use, and subpoena libraries for infor-         a San Francisco City Hall announcing the                     any justification,” says Ann Brick, staff
mation about what patrons are reading.               City’s anti-USA Patriot Act resolution as                    attorney with the ACLU-NC “This kind of
                                                     Supervisor Jake McGoldrick (r) looks on.
     Here in Northern California, 17 com-                                                                         mass roundup is a blatant violation of the
munities — San Francisco, Oakland, Yolo              Sonoma, Sebastopol, Cotati, Fairfax, San                     students’ Fourth Amendment rights.”
County, Davis, Arcata, Point Arena,                  Anselmo, Richmond, Berkeley, Union City,                         One of the plaintiffs, Brian Benitez,
                                                     Santa Cruz, Watsonville and El Cerrito—                      was walking through the corridors with
         WHAT’S INSIDE                               have passed resolutions. The senate of the                   two friends during lunch period when he
                                                     Associated Students of the University of                     was stopped by a Union City police officer
 2002 Annual Report.....................Inside       U.C. Berkeley also passed a resolution on                    and a school principal who ordered the stu-
 Board Elections Results ...................... 2    March 5.                                                     dents to follow them. “I was just going to
                                                         San Francisco’s resolution, passed 9-1                   get lunch when I was stopped and told that
 Sacramento Report .............................3
                                                     on January 22, “affirms that any efforts to                  I had to follow the police officer. I protest-
 Obituary: Joe Lewbin ..........................3    end terrorism not be waged at the expense                    ed that I had not done anything wrong, but
 Around the Region ..............................4   of the fundamental civil rights and liber-                   I was warned that if I didn’t follow them          For registration and information, visit
                                                     ties of the people of San Francisco.”                        they would force me. I was afraid, so I   and click on “Events” or
 Protesting “Special Registration” ........4                                                                                                                         call 212.254.2561.
                                                                               Continued on page 2                went.” Now Benitez and the other students
                                                when legally possible, from participating      as the Bush administration prepares to          these efforts or pass a resolution in
Resolutions…                                    in federal actions that may violate resi-      introduce “Patriot Act II.”                     your    community,      visit    http://
Continued from page 1                           dents’ civil liberties.                             This time, however, community     ■
                                                    As more resolutions pass, more city        activists will be ready. Thanks to the wave
     “I have introduced this resolution to      and county governments will take steps to      of opposition spreading nationwide, there          Sanjeev Bery is working to help com-
send a message to the Bush Administration       protect their residents from such intrusive    is a chance that we can defeat this legisla-    munities across the region organize the
that individual citizens will not tolerate      federal efforts. Simultaneously, grassroots    tion before it is even formally introduced.     passage of resolutions. Contact him at
these widespread violations of their civil      opposition to the federal actions them-             To learn more about how to support
liberties in the name of fighting terrorism,”   selves will continue to build.
said Supervisor Jake McGoldrick. “The               No doubt in part as a result of these
USA Patriot Act encourages the use of
racial profiling and creates an atmosphere
of hate against immigrants who have done
                                                local efforts, more and more members of
                                                Congress are now quietly backing away
                                                from their previous votes in support of the
                                                                                                     Take Action! Say “No” to
nothing wrong. This is something we in San
Francisco will not tolerate.” Supervisors
                                                Patriot Act. This is a crucial development
                                                                                                          Patriot Act II
Gerardo Sandoval, Aaron Peskin, Matt
                                                   Students Unite to
Gonzalez, Chris Daly and Tom Ammiano co-
sponsored the resolution.
    Residents of another 25 cities across
                                                    Fight Patriot Act                            T   he Bush administration has secretly drafted sweeping new legislation dubbed
                                                                                                     “Patriot Act II.” The “Domestic Security Enhancement Act” contains a multitude of
                                                                                                 new and sweeping law enforcement and intelligence-gathering powers, many of which
Northern California have launched their                                                          are not related to terrorism and would severely undermine basic constitutional rights
own campaigns. Nationally, communities
that have passed resolutions range from
                                                   T   he newly formed College
                                                       Activist Committee held a stu-
                                                   dent conference, College Activism
                                                                                                 and checks and balances. Take Action! Write to your Member of Congress now!
                                                                                                 Demand that Congress reject new legislation that threatens our civil liberties and
Carrboro, North Carolina, to Fairbanks,            in the Wake of 9/11, on Saturday              rights, and that the Bush administration explain how the new powers given under the
Alaska and include large cities like Denver        February 8 at Stanford University.            first USA Patriot Act have been used.
and Detroit.                                       Approximately 100 undergraduate
    In each jurisdiction, concerned resi-
dents from a wide range of backgrounds –
                                                   and graduate students from all over
                                                   the Bay Area attended the confer-
                                                                                                 Tell them:
                                                                                                      The new legislation would allow the government to spy on First Amendment
from former Mayors to high school students         ence, which focused on passing
                                                                                                      protest activities. By applying an overbroad definition of terrorism, organiza-
— came together and launched local cam-            resolutions opposing the USA
                                                                                                      tions using protest tactics could become victims of criminal wiretapping and oth-
                                                   Patriot Act. The conference was
paigns. Activists held public forums,                                                                 er electronic surveillance. In addition, the proposal would terminate
                                                   sponsored by the Stanford Civil
recruited local organizations, and lobbied                                                            court-approved limits on police spying.
                                                   Liberties Union, Berkeley Student
their city councils and county boards. They        Caucus, The Howard A. Friedman                     Patriot II would radically diminish personal privacy by removing checks on
formed diverse coalitions of people from all       Education Project of the ACLU-NC,                  government power. It would permit, without any connection to anti-terrorism
religious backgrounds, ethnicities, politi-        UC Hastings ACLU, and the                          efforts, sensitive personal information about U.S. citizens to be shared with local
cal persuasions, and walks of life.                Coalition for Registrants’ Rights.                 and state law enforcement. In addition, the government could gain secret access
    These local efforts are important              For more information on the                        to credit reports without consent or judicial process.
because they send a message to                     College Activist Committee, con-                   Patriot II would increase government secrecy while diminishing public
Washington DC that support for civil liber-        tact Lindsay Waggerman at 415-                     accountability. It would authorize secret arrests in immigration and other cases
ties remains strong. Many of the resolu-           621-2493 ext 355.                                  where the detained person is not criminally charged. It would allow for the sam-
tions also have a practical impact locally.                       — Lindsay Waggerman                 pling and cataloging of innocent Americans’ genetic information without court
They instruct local officials to refrain,                                                             order and without consent. And, the act would shelter federal agents engaged in
                                                                                                      illegal surveillance without a court order from criminal prosecution if they are
                                                                                                      following orders of high Executive branch officials.

  New Chair for Affiliate Board                                                                  Visit to take action at the click of a mouse.
                                                                                                 Read more about Patriot II at
            BY GIGI PANDIAN                   effectively, as well as leading us through
           PROGRAM ASSISTANT                  the complex process of restructuring the
                                              field program. We thank Margaret for her
                                                                                                 BAEZ AND
      ong-time ACLU sup-                                  exemplary dedication and
      porter and board mem-                               leadership.”
      ber Quinn Delaney was
enthusiastically welcomed
                                                                Delaney takes the chair
                                                          after serving for four years as
                                                                                                 RENO PACK
by the ACLU-NC as the new                                 vice chair of the board and chair      THE HOUSE
                                                                                                 AT ACLU
chair of the affiliate board in                           of the development committee.
February. Delaney takes                                     Under her stewardship, the
over the helm from Margaret                                 ACLU-NC reached and exceed-
                                                          CATRINA ROALLOS

Russell, who chaired the                                    ed its fundraising goals and
board from January 2000.                                    concluded its multiyear cam-              n February 7, the legendary
    An Associate Professor of
Law at Santa Clara
                                                            paign for a $5 million Trust for
                                                            the Bill of Rights. “Quinn is an
                                                                                                 O    Joan Baez and comedian
                                                                                                 extraordinaire Reno brought
University, Russell has been New ACLU-NC board              elegant leader who pushed            down the house at the Castro
a member of the board for chair Quinn Delaney.             board members to increase             Theatre. Marc Huestis and
                                                                                                                                                                                        MICHAEL WOOLSEY

over 15 years. “Chairing the                               their sites, and with amazing         Outsider Enterprises produced
ACLU-NC board has been one of the high-       results,” said Ehrlich. “She is an accom-          this memorable event, with par-
est honors and most meaningful experi-        plished leader and will be a great chair.”         tial proceeds benefiting the
ences of my professional life,” Russell said.     Delaney, who is director of the Akonadi        ACLU Foundation. The show
    “As a professor of consti-                             Foundation, which gives               started with Reno’s new film,
tutional law, Margaret com-                                grants to nonprofit organiza-         “Reno: Rebel Without a Pause,” which focuses on life near Ground Zero, post-
bines being a brilliant legal                              tions working towards elimi-          September 11. Reno exhorted the crowd to support the ACLU and introduced Dorothy
scholar with her substantive                               nating racism, says she is well       Ehrlich, who gave a stirring presentation on our work before Baez shook the theater
leadership qualities at the                                  aware that she assumes lead-        with her tremendous voice. Together, Reno and Baez combined humor, song, and seri-
ACLU,” ACLU-NC executive                                     ership of the board during a        ousness in a riveting performance.                                  — Denise Mock
director Dorothy Ehrlich said                                period of serious challenges.
of Russell. “She led us                                      “I look forward to working

                                                                                                                     aclu news
                                                             CATRINA ROALLOS

through two important orga-                                  with the dedicated staff, ener-
nizational changes during                                    gized board, and a very active
her tenure as chair; an                                      group of supporters as we                Six issues a year: January–February, March–April, May–June,
important strategic planning                                 work to secure civil liberties             July-August, September-October and November–December.
process that is making the Rretiring board chair             and rights for everyone,” she        Published by the American Civil Liberties Union of Northern California
organization function more Margaret Russell                  said. ■
                                                                                                                        Margaret Russell, Chairperson
                                                                                                                      Dorothy Ehrlich, Executive Director
         Board                                  bers Luz Buitrago, Scott Burrell, Milton
                                                Estes, Angel Garganta, and Nancy
                                                                                                                             Rachel Swain, Editor
                                                                                                                       Gigi Pandian, Program Assistant
        Elections                               Pemberton.
                                                   The new members of the Executive
                                                                                                                      ZesTop Design, Design and Layout

                                                Committee are Steve Fabian, Paul                                        1663 Mission St., Suite 460
                                                                                                              San Francisco, California 94103 (415) 621-2493

     he ACLU-NC is proud to welcome             Gilbert, and Jon Streeter (Legal
     new board members Peter Kwan,              Committee Chair).                                                   
     Matt Murray, Harmeet Dhillon,                 We thank outgoing board members
                                                                                                             Membership $20 and up, of which 50 cents is for
Helal Omeira, and Phillip Mehas.                Dennis McNally, Aundré Herron,                                      a subscription to the aclu news.
Congratulations to re-elected board mem-        Millicent Rutherford, and Zona Sage.

                                                    ACLU NEWS                  ■   MARCH – APRIL 2003                  ■   PAGE 2
                                                              SACRAMENTO                                    REPORT

                     The Budget Deficit that Ate Godzilla
      BY VALERIE SMALL NAVARRO                    on their impact on civil liberties and civil         SB 3 (Burton-D), Prohibits the execu-         married couples. This will include such
      ACLU LEGISLATIVE ADVOCATE                   rights, the ACLU will be taking a leading        tion of the mentally retarded. Sponsored          protections as community property, finan-
                                                  role on the following bills:                     by the ACLU and California Attorneys for          cial support obligations, mutual responsi-

        he budget deficit debate in Sacra-            SB 71 (Kuehl-D), Reforms sex educa-          Criminal Justice, SB 3 implements the U.S.        bility for debts, assumption of parenting
        mento is raging. Does the deficit in      tion laws. With 11 separate laws scattered       Supreme Court decision in Atkins by estab-        responsibility, and decision-making
        fact exceed $34 billion? Through          throughout the Education Code, confusion         lishing a pretrial proceeding to determine        authority for funeral arrangements.
what combination of cuts and tax increases        reigns over California’s sex education laws.     whether a capital defendant is mentally                AB 1012 (Steinberg-D) Parental
will the state address this gaping hole?          Although schools that teach sex education        retarded. A pretrial determination ensures        involvement when students are ques-
      Although Governor Davis did not pro-        are required to take a comprehensive             that the jury is not prejudiced by hearing        tioned at school. Sponsored by the ACLU,
pose any significant cuts to the sprawling        approach, teaching about contraception as        the facts of the case before being asked to       this bill requires that before police question
corrections budget, the ACLU supports a           well as abstinence, many schools rely on         determine whether the defendant is men-           an elementary school child at school, a par-
variety of options that could reduce the          curricula that are inaccurate or imcom-          tally retarded. It may also save the state the    ent should be asked permission. Where
non-violent prison population. For exam-          plete. Sponsored by Planned Parenthood           costs of an unnecessary capital trial.            police seek to interrogate secondary school
ple, Senator John Vasconcellos-D has              and the ACLU, the California Comprehensive           SB 1 (Speier-D) Protects financial            students, the student should be advised
introduced legislation (SB 519) to allow          Sexual Health and HIV/AIDS Prevention            privacy. Even after thousands of letters          that he or she has the right to have a parent
people who would have qualified for drug          Education Act (SB 71) aims to plug these         poured into the Capitol and the major             or member of the school staff present.
treatment under Proposition 36 but who            holes by replacing these laws with one new       newspapers took strong editorial positions             Our Constitution protects the rights of
were convicted before its passage to qualify      section that ensures that students are pro-      in favor of last year’s financial privacy bill,   Americans, young and old, to refuse to
for treatment instead of incarceration.           vided with comprehensive, age-appropri-          tireless industry lobbying led to its defeat      answer questions of the police. However,
The Legislature is looking at other options,      ate, bias-free information, while allowing       on the Assembly Floor. This year, Senate          children are being subjected to police ques-
including early release of certain non-vio-       parents to opt their children out of the         President John Burton has agreed to co-           tioning at school without knowing that they
lent offenders and elimination of some            instruction. The bill ensures that sex edu-      author SB 1 and supporters are looking at         have the right to refuse to talk to the police.
felony penalties for petty theft.                 cation programs provide students with the        the fallback option of bringing the issue to      If the situation is serious enough that the
     The fiscal crisis casts a shadow across      necessary information to help them pre-          the March 2004 ballot.                            police are involved, parents must have an
legislation that includes any implementa-         vent sexually transmitted diseases and               This measure protects Californians’           opportunity to decide what is best for their
tion costs. In addition to the numerous           unintended pregnancy, and to foster              privacy rights in their information held by       elementary school children. In addition,
bills that we will support and oppose based       healthy attitudes about sexuality.               financial institutions by requiring that          AB 1012 makes it clear that students may
                                                                                                   banks and insurance companies get con-            have a parent or trusted adult present dur-
                                                                                                   sumers’ permission before they share per-         ing questioning by police.

                              OBITUARY                                                             sonal information with outside institutions
                                                                                                   (“opt-in”). When financial institutions
                                                                                                                                                          SB 60 (Cedillo-D) Immigrants’
                                                                                                                                                     Driver’s Licenses. By allowing immigrants
                                                                                                   want to share personal information with           who are in the process of applying for legal

                        Joe Lewbin                                                                 affiliated companies or with companies
                                                                                                   with which they have joint marketing
                                                                                                   agreements, they would have to notify cus-
                                                                                                                                                     status to obtain driver’s licenses, SB60 will
                                                                                                                                                     improve the safety of our roads.
                                                                                                                                                     Furthermore, undocumented immigrants
           BY ELAINE ELINSON                      cial relationships with us all: he loved to      tomers that they will do so unless the con-       will be more likely to report accidents –
                                                  talk about long-distance cycling, backpack-      sumer says “no” (“opt-out”).                      and ensure that unsafe drivers are identi-

        he ACLU-NC lost a tireless advocate       ing, Yiddish music (he was a member of the           AB 205 (Goldberg-D), Domestic                 fied – when they don’t fear repercussions.
        and a dedicated volunteer with the        Jewish Folk Chorus for 32 years), his chil-      Partner Rights and Responsibilities Act           Last year, this bill was bogged down by
        death of Joe Lewbin on January 21.        dren and retirement, and, most of all, poli-     of 2003. This bill expands the rights and         onerous amendments requested by
     Joe came to the ACLU-NC office to vol-       tics. He loved to engage one of us in the        responsibilities provided to registered           Governor Davis that violate immigrants’
unteer in the mid-eighties, after he retired      lounge to tell us whether or not he agreed       domestic partners and their families to           rights. This year, labor unions and immi-
from teaching social studies and history in       with the latest ACLU policy (you could nev-      include nearly all the legal rights, benefits,    grants’ rights organizations have joined
San Francisco junior high and high schools.       er be sure with Joe!).                           responsibilities, duties, and obligations         forces to ensure that the bill improves pub-
He was irate about the Reagan administra-              That is why we all miss him so much.        under state law currently available only to       lic safety and does not discriminate. ■
tion’s turning the clock back on civil rights,    His optimism, his righteous anger, his total
the illegal funding of the contras in             commitment to the ACLU, his opinions, the
Nicaragua, and the
repressive immigration
bills pending in Congress.
                                                                   tales of his amazing bike
                                                                     treks, his Yiddishkeit, his
                                                                     ink-stained fingers.
                                                                                                        ACLU-NC Privacy Policy
He wanted to fight all that                                              Joe’s wife Joyce, his       To our members...
– and he figured the                                                 three children, family                  irect mail appeals to our members and the general public provide opportunities
ACLU was the place to
     Joe became a main-
                                                                     and friends held a cele-
                                                                     bration of his life at his
                                                                     home in San Rafael on
                                                                                                     D       to describe complicated legal and political issues in ways not possible in other
                                                                                                             media. They enable us to explain, in detail, the benefits and provisions of the
                                                                                                     Constitution and the Bill of Rights, the complex ways our rights can be protected in the
stay in the Public                                                   February 15, the same           modern world, and the costs of preserving those rights. We use the mail to inform peo-
Information Department,                                              day that millions of peo-       ple of the importance of our legal work and to solicit funds that enable us to continue
monitoring the daily                                                 ple around the world            our litigation, public education and legislative lobbying.
                                                                LISA MALDONADO

newspapers for civil liber-                                          marched against war                  Sometimes, as part of our member recruitment program, we exchange or rent our
ties issues and helping us                                           from      Barcelona      to     list of members’ names to like-minded organizations and publications.
maintain an up-to-date                                               Capetown, from Tokyo to              The ACLU never makes its list available to partisan political groups or those whose
research library that was                                            London. It was a perfect        programs are incompatible with the ACLU’s mission. Whether by exchange or rental,
used by staff attorneys, Joe Lewbin monitored the                  day to celebrate his peace-       the lists are governed by strict privacy procedures, as recommended by the U.S. Privacy
                               press for the ACLU-NC for 15                                          Study Commission. Lists are never actually given into the physical possession of the
interns, researchers and                                           loving spirit: he would have
                               years.                                                                organization that has rented them or exchanged for them. No organization ever pos-
reporters.      Joe would                                          loved this worldwide
come into the office every Tuesday and clip       protest. Joe would have loved being in the         sesses our list and no organization will ever see the names of the members on our list
stories from the NY Times, the Chronicle,         crowd of people of all colors and all ages         unless an individual responds to their mailing.
the Oakland Tribune, and the LA Times –           (“Look for me – I’m the one with the white              While direct mail appeals - under strict privacy guidelines - form the basis of our
creating a valuable clipping library for the      beard,” he would have told us all in the           new member acquisition program, and are key to our growth, we understand some
ACLU, long before the Internet.                   office as he rallied for us to be there…or         members do not wish to receive solicitations from other groups and we gladly honor
      Joe loved this work, he said, because       else!) and he would have loved coming into         requests from our members to be removed from the process.
he got to read all the papers, and he clipped     the ACLU the next Tuesday to ask us all
just as much for himself as for our files.        what we thought of this speaker, of that           If you do not wish to receive materials from other organizations, please complete this
“The U.S. is still meddling in Central            contingent, of the police estimates, and the       coupon (or attach your mailing label) and send it to:
America,” he would mutter, scissors in            media coverage.
                                                                                                                              ACLU-NC Membership Department
hand, or “Have you read this book review of            The newspapers are piling up, and the                        1663 Mission Street, Suite 460, San Francisco, CA 94103.
Daniel Goldhagen’s Hitler’s Willing               ACLU-NC office seems very empty without
Executioners? Do you think that                   Joe. So will the next peace march, the next        ❒ I prefer not to receive materials from other organizations.
Americans would be as complacent as the           death penalty vigil and our next Bill of             Please eliminate my name from member exchange/rental lists.
ordinary Germans?” Or “Look at what               Rights Day Celebration. But Joe always
Ashcroft has done now, I’m saving this one.”      pushed us to be activists, to read and think,      MEMBER # __________________________________________________________
Likely as not, Joe would write an eloquent,       to fight against repression. On this arduous
persuasive letter to the editor or convince       journey for justice and peace, he will             NAME _____________________________________________________________
someone else to.                                  always be by our side. ■
     Joe had so many friends at the ACLU –                                                           ADDRESS ___________________________________________________________
he was loved by all the Complaint Desk vol-            Elaine Elinson is the former public
                                                                                                     CITY: ________________________________ STATE: ________ ZIP: ___________
unteers and by the staff. He fostered spe-        information director of the ACLU-NC.

                                                      ACLU NEWS                  ■   MARCH – APRIL 2003                      ■   PAGE 3
   IN BRIEF: AROUND THE REGION                                                                                                              Roe v.Wade Turns 30
Groups Call                                               to accept a flawed the conclusions of USC
                                                          Professor Howard Greenwald, who has
                                                          sought to explain away dramatic dispari-
for Police                                                ties in how African Americans and Latinos
                                                          are treated.
Reform in
Sacramento                                                Justice for
A   t a City Council hearing in Sacramento
    on February 14, the Sacramento
NAACP, the Mexican American Legal

                                                                                                                                                                                                                                                      GIGI PANDIAN
Defense and Educational Fund (MALDEF),
and the ACLU of Northern California called
for major policy changes following the                    Protesters
release of the second Sacramento Police
Department (SPD) report on racial profil-                     hanks in large part to the efforts of

                                                                                                                                                 n January 22, 2003, the 30th anniversary of the historic Supreme Court deci-
ing. The data this year, like last year’s,
shows dramatic disparities in how African
                                                          T   Sonoma Chapter and all the members
                                                          who wrote and called the School Board, the
                                                                                                                                                 sion that legalized abortion across the United States, the ACLU-NC threw Roe v.
                                                                                                                                                 Wade a birthday celebration. Along with 25 other organizations, we sent an
American and Latino motorists are treated                 suspensions of 50 Petaluma High School                                         open letter to California’s Congressional delegation urging them to safeguard the cru-
when compared with white motorists as                     Students who walked out of school to                                           cial protections guaranteed by Roe. “With your help,” we told our elected officials, “our
well as significant underreporting of stops               attend an anti-war demonstration have                                          granddaughters may mature in a nation that respects their freedom, not one that
and searches by SPD officers.                             been expunged. The ACLU of Sonoma                                              offers only the stunted choices and unconscionable risks of earlier generations.”
    The groups called for reforms includ-                 County wrote the school board, pointing                                            The ACLU-NC and Planned Parenthood Golden Gate (PPGG) held a press confer-
ing the adoption of a clear definition of                 out that suspensions should not be meted                                       ence to release the letter, celebrate the court decision and warn of looming threats to
racial profiling, clear audit mechanisms,                 out for a first offense, and that the students                                 Roe. Pictured here (l-r): Dr Alan Margolis, former professor of medicine at UCSF; Dian
expansion of the department’s data collec-                may not be punished for exercising their                                       Harrison, executive director, PPGG; ACLU-NC staff attorney Margaret Crosby; and Dr
tion program, and a decision from SPD not                 First Amendment rights. ■                                                      Phil Darney, professor of obstetrics, gynecology and reproductive sciences at UCSF.
                                                                                                                                             The day before the press conference a host of reproductive rights supporters met
                                                                                                                                         with policymakers in Sacramento at the California Coalition for Reproductive Freedom’s
                                                                                                                                         annual Lobby Day. Margaret Crosby was also honored by the medical community for her
           Protesting ‘Special                                                                                                           outstanding contributions to reproductive freedom. To read more about the anniver-
                                                                                                                                         sary, visit To act to now protect repro-
                                                                                                                                         ductive freedom, visit and hit “Take Action.”
                                                                                                                                                                                                prevent school officials and the police from
                                                                                                                                      Student Roundup…
        s men from a list of mainly Middle                                                                                                                                                      engaging in the kind of conduct that
        Eastern countries were ordered                                                                                                Continued from page1                                      occurred on February 22, and asks the
        to register with the Immigration                                                                                              at Logan High School who were included in                 court to issue an order requiring school
and Naturalization Service or face                                                                                                    the roundup, as well as on behalf of stu-                 officials and the Union City police to
arrest, detention, or deportation, human                                                                                              dents who might be subjected to similar                   expunge any files created as a result of the
rights and community groups including                                                                                                 treatment in the future. The lawsuit is                   roundup and return the photographs they
the ACLU mounted vocal protests. On                                                                                                   seeking a permanent injunction that will                  took that day. ■
February 21, at one of a series of demon-
strations outside the San Francisco INS
office, ACLU-NC police practices policy
                                                                                                                                                Moratorium Day - May 1
director Mark Schlosberg spoke out
against the discriminatory “special reg-                                                                                                                                      The 2nd Annual
istration” program. As well as urging
Minority House Leader Nancy Pelosi to                                                                                                             Moratorium Day March
                                                                                                                    MARIA ARCHULETA

call for Congressional oversight of the
program, the ACLU coordinated a letter-                                                                                                                 and Rally
writing campaign from outraged north-                                                                                                            Join us in Sacramento and demand
ern Californians to their Congressional
representatives. For more information on                                                                                                     a temporary halt to executions in California!
the program visit                         For    more     information    about                                                        Free buses available. Contact Maria Archuleta at
911/021219-alert.html                                     deadlines for registration, go to
                            — Gigi Pandian      
                                                                                                                                                       415/621-2493 x356 or

                                                              FIELD PROGRAM MEETINGS
Chapter Meetings                                          time and location: (831) 899-2263. Or to report a civil
                                                          liberties concern, call Monterey’s complaint line: (831)
                                                                                                                                      office (1663 Mission Street, Suite 460). Call the
                                                                                                                                      Chapter hotline: (415) 979-6699.
                                                                                                                                                                                                Willow Pass Road, Suite 500, in Concord. Contact Lee
                                                                                                                                                                                                Lawrence at (925) 376-9000 or leehelenalawrenceya-
(Chapter meetings are open to all interested members.     622-9894.                                                                                                                    All ACLU members in central and eastern Contra
Contact the Chapter activist listed for your area.)                                                                                   Santa Clara Valley Chapter Meeting: Meet the              Costa County are invited to participate in this chapter.
                                                          North Peninsula (San Mateo area) Chapter                                    first Tuesday of each month at 1051 Morse Street (at
                                                          Meeting: Meetings usually held at 7:30 on the third                         Newhall) in San Jose. For more information and news on    Livermore/Dublin/Pleasanton: Contact Bob
B-A-R-K (Berkeley-Albany-Richmond-Kensing-
                                                          Monday of each month, at the downstairs conference                          events, contact or visit               Cuddy at (925) 443-1980 or
ton) Chapter Meeting: Meet the third Wednesday of
each month at 7p.m. at a location to be announced. For    room at 700 Laurel Street (off Fifth Avenue). Contact             
                                                                                                                                                                                                Lesbian, Gay, Bisexual and Transgender
more information, contact Jim Hausken: (510) 558-         Linda Martorana: (650) 697-5685.
                                                                                                                                      Santa Cruz County Chapter Meeting: Meet the               Chapter: Contact Roy Bateman at (415) 621-7995 for
0377.                                                                                                                                                                                           information about rejuvenating this chapter.
                                                          Paul Robeson (Oakland) Chapter Meeting:                                     third Tuesday of each month at 7 p.m. at 260 High
Marin County Chapter Meeting: Meet on the third           Usually meet the fourth Monday of each month at the                         Street. Contact Marge Frantz for more information:
                                                                                                                                                                                                Mendocino: Contact Jessie Jesulaitus at (707) 964-
Monday of each month at 7:30 p.m. Currently meeting       Rockridge library (on the corner of Manila Ave. and College                 (831) 471-0810.
                                                                                                                                                                                                8099 for information about regular monthly meetings
at the West End Café, 1131 Fourth Street in San Rafael.   Ave. in Oakland, three blocks from the Rockridge BART).                                                                               beginning in April.
Contact Coleman Persily for more information: (415)       Contact Louise Rothman-Riemer: (510) 596-2580.                              Sonoma County Chapter Meeting: Usually meet
479-1731. Or call the Marin Chapter complaint hotline                                                                                 the third Tuesday of each month, at 7 p.m. at the Peace   Napa: Meet the first Thursday of the month; meeting on
at (415) 456-0137.                                        Redwood (Humboldt County) Chapter                                           and Justice Center, located at 467 Sebastopol Avenue,     Thursday, April 3, at 7 p.m. in the Lee Lounge, located
                                                          Meeting: Meet the third Tuesday of each month at 7                          Santa Rosa (one block west of Santa Rosa Avenue). Call    upstairs in the Lincoln Theater Building of the California
Mid-Peninsula Chapter Meeting: Meet at 11 a.m.            p.m. at the Redwood Peace and Justice Center in Arcata.                     the Sonoma hotline at (707) 765-5005 or visit             Veterans Home in Yountville. Contact Ken Croft at (707)
on the third Saturday of the month. Contact Harry         Please contact Roger Zoss: or               for more information.                  592-3459 or Mary Wallis at (707) 226-6756.
Anisgard for more information: (650) 856-9186.            (707) 786-4942. The chapter is currently seeking new
                                                          board members.                                                              Chapters Reorganizing                                     Solano: Contact Bill Hatcher at (707) 449-0726.
Monterey County Chapter Meeting: Usually
meet the third Tuesday of the month at 7:15 p.m. at the   San Francisco Chapter Meeting: Meet the third                               Contra Costa/Mt. Diablo: Meeting on Monday March          Yolo County: Contact Natalie Wormeli: (530) 756-
Monterey Public Library. Contact Matt Friday to confirm   Tuesday of each month at 6:45 p.m. at the ACLU-NC                           31 at 7 p.m. at the Rainbow Community Center, 2118        1900.

                                                               ACLU NEWS                          ■    MARCH – APRIL 2003                                           ■   PAGE 4

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