Blogs
"AS THE LAWYERS FOR THE BILL OF RIGHTS, WE'RE COMMITTED TO DEFENDING
EVERYONE'S FREEDOM. YOURS TOO."
“SO LONG AS WE HAVE ENOUGH PEOPLE IN THIS COUNTRY WILLING TO FIGHT FOR THEIR
RIGHTS, WE'LL BE CALLED A DEMOCRACY.”
-ROGER BALDWIN, ACLU FOUNDER
EVERYONE'S FREEDOM. YOURS TOO."
“SO LONG AS WE HAVE ENOUGH PEOPLE IN THIS COUNTRY WILLING TO FIGHT FOR THEIR
RIGHTS, WE'LL BE CALLED A DEMOCRACY.”
-ROGER BALDWIN, ACLU FOUNDER
San Diego ACLU docket 2010
Current Cases
March 2010
Open Cases
Direct 20 Amicus 7 Total 27
Freedom of Expression and Information
Nick Morris subpoena (new case) (direct) –
Nick Morris is a photographer and freelance
photojournalist, accredited as such by the San Diego Police Department, whose
work has been
widely published. He took photographs of the 2007 wildfires while engaged in
newsgathering
and with the intent to seek publication. Several of his photographs appeared in
various
publications. As part of their litigation against San Diego Gas & Electric arising
from the fires,
the City of San Diego and Department of Forestry served a subpoena on Mr.
Morris to produce
unpublished photographs of the fires. On March 4, 2010, we sent a letter to
counsel asking that
the subpoena be withdrawn because it seeks information protected by the
California reporter’s
shield law (Calif. Const. Art. I, § 2(b); Evid. Code § 1070) as well as the First
Amendment.
Kaye v. Board of Trustees of the San Diego County Law
Library (amicus) –
Plaintiff challenged
his termination as a law librarian for San Diego County, alleging among other
claims that he was
terminated in retaliation for protected speech. Because the speech at issue was
contained in a
work-related e-mail message, his First Amendment claim was precluded by
Garcetti v. Ceballos,
in which the Supreme Court held that the First Amendment does not protect public
employees
from retaliation for communications made pursuant to their official duties. Plaintiff
argued that
the California Constitution’s Liberty of Speech Clause should protect such
speech. The state
Court of Appeal disagreed, holding that the Liberty of Speech Clause protects no
more speech
than does the First Amendment in this context. The California ACLU affiliates filed
a letter with
the California Supreme Court requesting depublication of the case. We argue that
the Court of
Appeal unnecessarily decided a far-reaching constitutional issue, given that
Plaintiff was
unlikely to prevail even if Garcetti did not apply and that the Court of Appeal’s
analysis was
flawed on the merits. On February 24, 2010, the court denied the request for
depublication.
Southwestern Community College (direct)
Southwestern Community College has a speech
policy that categorically declares almost all of the campus a “non-public forum”
and thus off
limits to free speech. On October 22, 2009, students assembled in the small “free
speech area” to
protest planned layoffs, cancellation of classes, and other issues. When some of
the students
marched toward the college president’s office, campus police barricaded the
sidewalk and
ordered them to disperse. That evening, the college placed four faculty members
on
administrative leave and barred them from the campus, alleging that they
unlawfully “incited”
the students and “confronted” campus police. On October 23, 2009, a number of
students from
the banned professors’ classes attempted to go to the president’s office to
express their concerns,
but again, campus police barricaded their way and ordered them to disperse,
alleging that their
assembly was unlawful. We have sent a letter to the college demanding that it
repudiate and
apologize for its unconstitutional actions and revise its policy to conform to state
and federal law.
The college has formed a task force to revise its policy, in which we will participate.
International Society for Krishna Consciousness of
California, Inc. et al. v. City of Los Angeles
et al. (amicus)
Under the First Amendment, the government has broad authority to restrict
speech on any public property that is not a traditional or designated public forum,
as defined in
case law. This case concerns the question whether California law should protect
speech on
public property more strongly than federal law. It presents issues similar to those
raised in San
Leandro Teachers Association (see below). On request from the Ninth Circuit, the
California
Supreme Court agreed to decide whether Los Angeles International Airport is a
public forum for
speech under state law. According to First Amendment cases, airports are not
public forums,
because the government does not intend to open them for speech. The California
ACLU
affiliates filed an amicus brief arguing that under state law, the court should
protect all speech
that is not basically incompatible with the nature and use of the property. We
urged the
California Supreme Court to reject the restrictive “forum” analysis used in federal
court, under
which the ability to engage in speech depends on the government’s self-declared
intent for the
use of the property, rather than the relationship between the speech at issue and
the inherent
characteristics and actual use of the property. The case was argued on January 6,
2010. A
decision is expected within 90 days of that date.
Current Cases
March 2010
Open Cases
Direct 20 Amicus 7 Total 27
Freedom of Expression and Information
Nick Morris subpoena (new case) (direct) –
Nick Morris is a photographer and freelance
photojournalist, accredited as such by the San Diego Police Department, whose
work has been
widely published. He took photographs of the 2007 wildfires while engaged in
newsgathering
and with the intent to seek publication. Several of his photographs appeared in
various
publications. As part of their litigation against San Diego Gas & Electric arising
from the fires,
the City of San Diego and Department of Forestry served a subpoena on Mr.
Morris to produce
unpublished photographs of the fires. On March 4, 2010, we sent a letter to
counsel asking that
the subpoena be withdrawn because it seeks information protected by the
California reporter’s
shield law (Calif. Const. Art. I, § 2(b); Evid. Code § 1070) as well as the First
Amendment.
Kaye v. Board of Trustees of the San Diego County Law
Library (amicus) –
Plaintiff challenged
his termination as a law librarian for San Diego County, alleging among other
claims that he was
terminated in retaliation for protected speech. Because the speech at issue was
contained in a
work-related e-mail message, his First Amendment claim was precluded by
Garcetti v. Ceballos,
in which the Supreme Court held that the First Amendment does not protect public
employees
from retaliation for communications made pursuant to their official duties. Plaintiff
argued that
the California Constitution’s Liberty of Speech Clause should protect such
speech. The state
Court of Appeal disagreed, holding that the Liberty of Speech Clause protects no
more speech
than does the First Amendment in this context. The California ACLU affiliates filed
a letter with
the California Supreme Court requesting depublication of the case. We argue that
the Court of
Appeal unnecessarily decided a far-reaching constitutional issue, given that
Plaintiff was
unlikely to prevail even if Garcetti did not apply and that the Court of Appeal’s
analysis was
flawed on the merits. On February 24, 2010, the court denied the request for
depublication.
Southwestern Community College (direct)
Southwestern Community College has a speech
policy that categorically declares almost all of the campus a “non-public forum”
and thus off
limits to free speech. On October 22, 2009, students assembled in the small “free
speech area” to
protest planned layoffs, cancellation of classes, and other issues. When some of
the students
marched toward the college president’s office, campus police barricaded the
sidewalk and
ordered them to disperse. That evening, the college placed four faculty members
on
administrative leave and barred them from the campus, alleging that they
unlawfully “incited”
the students and “confronted” campus police. On October 23, 2009, a number of
students from
the banned professors’ classes attempted to go to the president’s office to
express their concerns,
but again, campus police barricaded their way and ordered them to disperse,
alleging that their
assembly was unlawful. We have sent a letter to the college demanding that it
repudiate and
apologize for its unconstitutional actions and revise its policy to conform to state
and federal law.
The college has formed a task force to revise its policy, in which we will participate.
International Society for Krishna Consciousness of
California, Inc. et al. v. City of Los Angeles
et al. (amicus)
Under the First Amendment, the government has broad authority to restrict
speech on any public property that is not a traditional or designated public forum,
as defined in
case law. This case concerns the question whether California law should protect
speech on
public property more strongly than federal law. It presents issues similar to those
raised in San
Leandro Teachers Association (see below). On request from the Ninth Circuit, the
California
Supreme Court agreed to decide whether Los Angeles International Airport is a
public forum for
speech under state law. According to First Amendment cases, airports are not
public forums,
because the government does not intend to open them for speech. The California
ACLU
affiliates filed an amicus brief arguing that under state law, the court should
protect all speech
that is not basically incompatible with the nature and use of the property. We
urged the
California Supreme Court to reject the restrictive “forum” analysis used in federal
court, under
which the ability to engage in speech depends on the government’s self-declared
intent for the
use of the property, rather than the relationship between the speech at issue and
the inherent
characteristics and actual use of the property. The case was argued on January 6,
2010. A
decision is expected within 90 days of that date.
SAN DIEGO ACLU'S LEADER [KEVIN KEENAN] HAILED
AS "YOUNG CIVIC DYNAMO"
San Diego Magazine Picks "New Establishment"
Nov.l 26, 2008
The San Diego ACLU's executive director was recognized by San Diego Magazine this
month, receiving an Honorable Mention nod as one of "the bright, young civic dynamos
who may be leading us into the next generation." ...
San Diego Magazine referred to the ACLU's 2006 success at defeating Escondido's city
ordinance to force landlords to check the immigration status of tenants. ACLU San
Diego Legal Director David Blair-Loy was at the center of an important coalition of legal
leaders who achieved that victory.
In order to prevent other municipalities from following Escondido's anti-immigrant lead,
Blair-Loy and the ACLU's Sacramento Office helped forge a legislative victory making
California the first state in the nation to adopt a law prohibiting local governments from
enacting such ordinances.
While the ink was still drying on the Governor's signature of that historic bill, the San
Diego ACLU used another local crisis to bring about important statewide reform. During
the October 2007 wildfires, ACLU staff, allies, and volunteers mobilized quickly when it
was learned that city officials and police officers began questioning evacuees about
their immigration status and harassing certain individuals seeking emergency food and
shelter. Ten days after the fires began, the ACLU and its allies released a 28-page
report documenting the abuses of a variety of vulnerable groups, especially immigrants.
Led by its field and policy director Andrea Guerrero, the San Diego ACLU then guided a
successful effort to pass state legislation requiring public employees who provide
evacuees with disaster-related assistance to do so without asking for information or
documents not strictly necessary to determine eligibility for services—a sensible reform
that will help elderly, homeless, immigrants, and other vulnerable groups who may flee
disaster without paperwork or identification documents. The Governor signed the
valuable reform into law in Fall 2008.
"Our staff team deserve the credit for this recognition," said Keenan. "I am blessed to
work with such remarkable leaders." Keenan also noted the alignment between
staff and the board of directors. "I would wager that our board is one of the most
constructive, supportive, properly-focused boards in the area."
...The San Diego County Bar Association hosted a "Celebration of Civility" at its annual
Bench-Bar mixer in April to launch the organization's 2008 Campaign of Civility, Integrity
and Professionalism. The bar honored David Blair-Loy, legal director of San Diego's
ACLU and thirteen other individuals for "outstanding acts of civility in the legal
community." San Diego County Bar Association...
AS "YOUNG CIVIC DYNAMO"
San Diego Magazine Picks "New Establishment"
Nov.l 26, 2008
The San Diego ACLU's executive director was recognized by San Diego Magazine this
month, receiving an Honorable Mention nod as one of "the bright, young civic dynamos
who may be leading us into the next generation." ...
San Diego Magazine referred to the ACLU's 2006 success at defeating Escondido's city
ordinance to force landlords to check the immigration status of tenants. ACLU San
Diego Legal Director David Blair-Loy was at the center of an important coalition of legal
leaders who achieved that victory.
In order to prevent other municipalities from following Escondido's anti-immigrant lead,
Blair-Loy and the ACLU's Sacramento Office helped forge a legislative victory making
California the first state in the nation to adopt a law prohibiting local governments from
enacting such ordinances.
While the ink was still drying on the Governor's signature of that historic bill, the San
Diego ACLU used another local crisis to bring about important statewide reform. During
the October 2007 wildfires, ACLU staff, allies, and volunteers mobilized quickly when it
was learned that city officials and police officers began questioning evacuees about
their immigration status and harassing certain individuals seeking emergency food and
shelter. Ten days after the fires began, the ACLU and its allies released a 28-page
report documenting the abuses of a variety of vulnerable groups, especially immigrants.
Led by its field and policy director Andrea Guerrero, the San Diego ACLU then guided a
successful effort to pass state legislation requiring public employees who provide
evacuees with disaster-related assistance to do so without asking for information or
documents not strictly necessary to determine eligibility for services—a sensible reform
that will help elderly, homeless, immigrants, and other vulnerable groups who may flee
disaster without paperwork or identification documents. The Governor signed the
valuable reform into law in Fall 2008.
"Our staff team deserve the credit for this recognition," said Keenan. "I am blessed to
work with such remarkable leaders." Keenan also noted the alignment between
staff and the board of directors. "I would wager that our board is one of the most
constructive, supportive, properly-focused boards in the area."
...The San Diego County Bar Association hosted a "Celebration of Civility" at its annual
Bench-Bar mixer in April to launch the organization's 2008 Campaign of Civility, Integrity
and Professionalism. The bar honored David Blair-Loy, legal director of San Diego's
ACLU and thirteen other individuals for "outstanding acts of civility in the legal
community." San Diego County Bar Association...
ACLU of Southern
California
(Los Angeles and Orange
Counties)
California
(Los Angeles and Orange
Counties)
San Diego and Imperial Counties
Downloaded May 17, 2010
Current ACLU Docket
FREE EXPRESSION
Acosta v. City of Costa
Mesa
(U.S. District Court - Central
District of California)
In March 2006, the ACLU filed suit on
behalf of Benito Acosta, an Orange Coast
College
student who spoke at a Costa Mesa City
Council meeting in opposition to the
Council’s
decision to pursue an agreement with the
federal government that would grant city
police the
power to enforce civil immigration laws in
the City. Acosta was cut off before his
allotted
three minutes was up, and when he
protested, police grabbed, struck, choked,
pushed, and
kicked him, while dragging him outside
the Council chambers. An earlier speaker,
Minuteman Project founder and anti-
illegal immigration activist Jim Gilchrist,
was given
more than three minutes to speak in
support of the Council and the
immigration enforcement
proposal. In May, the federal district court
denied, in large part, the City's motion to
dismiss
Mr. Acosta's complaint, agreeing that he
alleged facts sufficient to show that the
City
punished him merely because it
disagreed with his viewpoint. We are in
the midst of
discovery. Trial is scheduled for October
21, 2008. See also People v. Acosta, page
10.
21. Asociación de
Trabajadores de Lake Forest
v. Lake Forest (U.S. District
Court)
In March 2007, the ACLU/SC challenged a
provision of the Lake Forest municipal
code that
made it unlawful for any person, while
standing in any portion of a street or
highway,
including a sidewalk, to solicit or attempt
to solicit employment, business, or
contributions
from occupants of a vehicle, even if
parked or standing. The city had
aggressively enforced
the code against day laborers, and there
are reports that the police threatened to
arrest day
laborers for standing on public sidewalks.
We filed a facial challenge under the First
Amendment, arguing that the ordinance
was content-discriminatory because it
singled out
so-called solicitation speech for
regulation, but left other speech – such as
artistic, political,
or religious – untouched. Two weeks after
filing our suit the City entered into a
stipulation
in which it agreed not to enforce the
ordinance during the pendency of the
case. We then
withdrew our request for a preliminary
injunction. In April, the City repealed the
ordinance.
However, the City and its police continue
to harass, intimidate, and violate the
workers’ free
speech rights by ordering workers to
leave because they will not be permitted
to find work
in Lake Forest; parking in front of workers
to discourage employers from
approaching them;
swarming around employers lawfully
parked on the public street to prevent
them from hiring
workers; ordering employers lawfully
parked on the public street to leave
because they will
not be permitted to find workers in Lake
Forest; pulling over employers who have
hired
workers, ordering the workers get out of
the vehicle, and warning the employers
not to come
back. A settlement was reached on
August 19, 2008 that, among other things,
specifically
affirms that the right of all people to solicit
work on public sidewalks is protected by
the First
Amendment, unless there are violations
of law. The settlement further prohibits
deputies
from interfering with day laborers’
solicitation of work from the public
sidewalk or
contractors’ picking up or contracting day
laborers who are on the sidewalk, unless
there is
some independent violation of law. Last,
the settlement provides that the plaintiffs
shall have
90 days to file a motion for attorney fees
and costs. The court will retain jurisdiction
over
the case for five years for the purpose of
enforcing the settlement terms.
22. Christian Research
Institute v. Alnor (California
Court of Appeal)
The ACLU/SC is assisting an evangelical
scholar in exercising his First Amendment
rights.
Dr. William Alnor investigated claims that
up to $200,000 raised through an
emergency
fund-raising appeal by the Christian
Research Institute (CRI) were lost due to
a “bizarre”
postal error. Dr. Alnor confirmed through
several representatives of the U.S. Postal
Service
that CRI and its president, Hank
Hanegraff, were being investigated for
mail fraud. After
Alnor posted the information on his
website, CRI and Hanegraff sued him for
defamation.
In response, the ACLU filed an anti-
SLAPP (Strategic Lawsuit Against Public
Participation)
suit, arguing that the defamation suit
should be dismissed as a meritless
claim aimed at
discouraging Alnor’s exercise of free
speech. The Superior Court denied the
anti-SLAPP
motion, and we appealed. The Court of
Appeal reversed the decision below in
February,
2007, and remanded the case to the
Superior Court with an order that the anti-
SLAPP motion
be granted. We filed a motion for attorneys
fees that the Superior Court granted. In so
doing, the Court also severely cut the
amount of fees we had sought. We
appealed the
attorneys’ fees order. The Court of Appeal
issued an opinion in August, 2008
upholding the
Superior Court’s fee ruling.
23. People v. Acosta (Orange
County Superior Court)
The ACLU/SC represents Benito Acosta,
an Orange Coast College student who
criticized
the Costa Mesa City Council at a City
COuncil meeting for proposing to deputize
local
police to enforce federal immigration
laws. Mr. Acosta was forcibly removed,
arrested,
beaten by the police, and detained for five
hours before being released with a
citation for
disrupting a city council meeting and
resisting arrest. The District Attorney
declined to file
charges in February 2006 “in the interest
of justice.” We filed a civil lawsuit on Mr.
Acosta's
behalf in March 2006 (see the companion
case, Acosta v. City of Costa Mesa). In
June, the
Costa Mesa City Prosecutor filed a
criminal complaint against him for alleged
violations of
city ordinances. Working together with Mr.
Acosta's criminal defense attorney, we
filed a
motion to dismiss the criminal charges
alleging the municipal code ordinance
violated the
First Amendment of the federal
Constitution and the Liberty Speech
Clause of the state
Constitution. The motion was denied. The
judge dismissed the case in October
2007,
however, after he discovered that the
prosecutor had never been appointment
or sworn in as
a public prosecutor as required by the
California Constitution. The judge stated
that the
prosecutor’s failure to follow the law
amounted to a denial of due process. The
City
appealed the Court’s dismissal of the
criminal prosecution against Mr. Acosta to
the
Appellate Department of the Orange
County Superior Court. A three-judge
panel heard oral
argument on June 26, 2008 and
requested additional briefing on the issue
of double jeopardy.
The court has taken the matter under
submission. See also Acosta v. City of
Costa Mesa,
24. Porter v. Bowen (Ninth
Circuit Court of Appeals)
Our suit filed in November 2000,
challenges then Secretary of State Bill
Jones’ threat of
criminal prosecution against a voter
discussion and political strategizing web
site during the
2000 election. In addition to discussions
on strategies that might influence the final
outcome
in the electoral college, voters also
discussed ways to strengthen third party
candidates. The
website targeted by the Secretary and
another with similar content shut down
rather than run
the risk of prosecution. We alleged that
the threat was a prior restraint on speech.
The
district court dismissed the case and the
Ninth Circuit reversed. The case was
returned to the
district court for further proceedings. The
parties filed cross-motions for summary
judgment.
The district court held that plaintiffs’ claim
for injunctive relief was moot and later
ruled
against Plaintiffs on their claim for
damages, holding that the Defendant was
entitled to
qualified immunity. We have filed a notice
of appeal and our opening brief in the
Ninth
Circuit. Defendants’ opposition brief was
filed in November 2006. On August 6,
2007, the
9th Circuit ruled that the websites are
protected by the First Amendment and
cannot be
prosecuted under vote-buying statutes.
The decision sets an important precedent
protecting
the right of website operators and voters
to maintain and use such sites in future
presidential
elections. The State has filed a petition for
rehearing, and for rehearing en banc. On
March
13, 2008, the panel denied the petition for
rehearing, and the Ninth Circuit denied
the petition
for rehearing en banc. We arrived at a
settlement of attorneys fees and costs.
25. San Leondro Teachers
Association, et al v. San
Leandro Unified School
District
(California Supreme Court)
The three California ACLU affiliates filed
an amicus brief in the California Supreme
Court
in May 2008 on behalf of the San Leandro
Teachers Association (“Association”). The
San
Leandro Unified School District banned
the Association from communicating
information
about ballot initiatives and candidates
for school board elections through the
Association’s
newsletters distributed, at the
Association’s expense, through the
District’s employee
mailboxes. The case is important in
determining the application of the Liberty
of Speech
Clause of the California Constitution on
school property and other public property
that has
not been opened up for general use by
public speakers. The amicus brief argues
that the
Court should adopt the “functional
incompatibility” test, which protects the
government’s
control over less public forums without
sacrificing protection against content
discrimination.
The Court has not yet scheduled oral
argument.
26. United States v. Omidvar
(U.S. District Court)
Mohammed Omidvar is one of a group of
American citizens of Iranian origin
charged in
2001 with providing “material support” to a
terrorist organization known as the
Mojahedin-e-
Khalq (MEK). The defendants, including
Mr. Omidvar, raised money for the
Committee for
Human Rights in Iran (CHR), which
supported victims of human rights
abuses in Iran. the
government, however, claims that CHR
was actually a front for the MEK, which
used the
money for MEK’s military purposes. Mr.
Omidvar claims that the CHR was a
legitimate
charity, and that its money went for
charitable purposes. Prior to the ACLU’s
involvement
with the case, the defendants filed a
motion to dismiss the indictment on the
ground that the
statute was facially unconstitutional under
the First Amendment. The district court
agreed,
but the Ninth Circuit reversed.
The ACLU entered the case in February
2008 as Mr. Omidvar’s trial counsel. The
case presents important First
Amendment issues, including the
mental state requirements for conviction
under the “material support” statute. We
argue that
the government has to prove Mr. Omidvar
knowingly funded terrorist activity. The
government claims that as long as it can
show the CHR is actually a front for the
MEK, it
need not prove that the money actually
went to support terrorist activities. The
defendants
filed 15 motions to dismiss various
counts in the indictment on July 15, 2008,
including
motions to dismiss the material support
of terrorism counts on First Amendment
and due
process grounds, among others. We are
awaiting the government’s response.
27. Welcome INN, Inc. v.
Coleman (U.S. District Court)
Members of a faith-based charity
organization, Welcome INN, were
threatened with arrest
while trying to feed homeless people at
Doheny State Beach in Dana Point. The
group has
been offering hot meals, plus social
services help and Bibles, to about 50
homeless or lowincome
people in the area for nearly two decades,
in fulfillment of their religious obligation
to take care of people. They served meals
on two consecutive nights in February in
the
park’s picnic area without incident, but on
the third night park rangers told the group
it was
engaged in “unlawful assembly” under a
state regulation, 14 CCR 4321. The case
was
settled in August, 2008. Under the terms
of the settlement, the Department of Parks
and
Recreation will not enforce the regulation
in any way against anyone and will pay the
ACLU/SC’s attorney fees and costs. The
court will retain jurisdiction over the case
for three
years for the purpose of enforcing the
settlement terms.
28. Widders v. Fuhrchtenicht
(California Court of Appeal,
2nd District)
Jeff Fuhrchtenicht wanted to try to gather
enough petition signatures to put two
measures on
the ballot in an Ojai city election. Under
state law, prior to gathering petition
signatures to
try to qualify a measure for the ballot, a
proponent must file a notice of intention
with the
appropriate local election office and file a
request “that a ballot title and summary be
prepared.” The measure must then be
forwarded to the city attorney, who is
required under
state law to provide and return to city
officials a ballot title and summary within
15 days.
Mr. Fuhrchtenicht received notice from
Widders, the City Attorney, that the
proposed
measure was unconstitutional and he
“declined” to prepare the title and
summary. Several
e-mails were sent between the two
parties, including one from our client
stating that he
would withdraw the proposed initiatives if
the City Council would put on its agenda
for
discussion the issues addressed by the
initiatives. However,in September 2006,
without
responding to our client’s offer to
withdraw, and well after the 15 day time
frame to prepare
the title and summary had expired,
Widders filed for declaratory relief on the
ground that,
among other things, the measure was
unconstitutional and he should be
relieved of his duty to prepare the title and
summary. Furchtenicht filed a demurrer
and an anti-SLAPP motion.
The court granted the demurrer, holding
there was no case or controversy, but
denied the
anti-SLAPP motion. We agreed to file an
appeal on the denial of the anti-SLAPP
motion
arguing that Widders's declaratory
judgement action interfered with
Fuhrchtenicht's right to
free speech in connection with a public
issue. Widders has now cross-appealed
on the grant
of the demurrer. Briefing is complete, and
oral argument was held in July, 2008. We
are
awaiting a decision. The ACLU is co-
counseling with Mitchell, Silberberg &
Knupp.
Current ACLU Docket
FREE EXPRESSION
Acosta v. City of Costa
Mesa
(U.S. District Court - Central
District of California)
In March 2006, the ACLU filed suit on
behalf of Benito Acosta, an Orange Coast
College
student who spoke at a Costa Mesa City
Council meeting in opposition to the
Council’s
decision to pursue an agreement with the
federal government that would grant city
police the
power to enforce civil immigration laws in
the City. Acosta was cut off before his
allotted
three minutes was up, and when he
protested, police grabbed, struck, choked,
pushed, and
kicked him, while dragging him outside
the Council chambers. An earlier speaker,
Minuteman Project founder and anti-
illegal immigration activist Jim Gilchrist,
was given
more than three minutes to speak in
support of the Council and the
immigration enforcement
proposal. In May, the federal district court
denied, in large part, the City's motion to
dismiss
Mr. Acosta's complaint, agreeing that he
alleged facts sufficient to show that the
City
punished him merely because it
disagreed with his viewpoint. We are in
the midst of
discovery. Trial is scheduled for October
21, 2008. See also People v. Acosta, page
10.
21. Asociación de
Trabajadores de Lake Forest
v. Lake Forest (U.S. District
Court)
In March 2007, the ACLU/SC challenged a
provision of the Lake Forest municipal
code that
made it unlawful for any person, while
standing in any portion of a street or
highway,
including a sidewalk, to solicit or attempt
to solicit employment, business, or
contributions
from occupants of a vehicle, even if
parked or standing. The city had
aggressively enforced
the code against day laborers, and there
are reports that the police threatened to
arrest day
laborers for standing on public sidewalks.
We filed a facial challenge under the First
Amendment, arguing that the ordinance
was content-discriminatory because it
singled out
so-called solicitation speech for
regulation, but left other speech – such as
artistic, political,
or religious – untouched. Two weeks after
filing our suit the City entered into a
stipulation
in which it agreed not to enforce the
ordinance during the pendency of the
case. We then
withdrew our request for a preliminary
injunction. In April, the City repealed the
ordinance.
However, the City and its police continue
to harass, intimidate, and violate the
workers’ free
speech rights by ordering workers to
leave because they will not be permitted
to find work
in Lake Forest; parking in front of workers
to discourage employers from
approaching them;
swarming around employers lawfully
parked on the public street to prevent
them from hiring
workers; ordering employers lawfully
parked on the public street to leave
because they will
not be permitted to find workers in Lake
Forest; pulling over employers who have
hired
workers, ordering the workers get out of
the vehicle, and warning the employers
not to come
back. A settlement was reached on
August 19, 2008 that, among other things,
specifically
affirms that the right of all people to solicit
work on public sidewalks is protected by
the First
Amendment, unless there are violations
of law. The settlement further prohibits
deputies
from interfering with day laborers’
solicitation of work from the public
sidewalk or
contractors’ picking up or contracting day
laborers who are on the sidewalk, unless
there is
some independent violation of law. Last,
the settlement provides that the plaintiffs
shall have
90 days to file a motion for attorney fees
and costs. The court will retain jurisdiction
over
the case for five years for the purpose of
enforcing the settlement terms.
22. Christian Research
Institute v. Alnor (California
Court of Appeal)
The ACLU/SC is assisting an evangelical
scholar in exercising his First Amendment
rights.
Dr. William Alnor investigated claims that
up to $200,000 raised through an
emergency
fund-raising appeal by the Christian
Research Institute (CRI) were lost due to
a “bizarre”
postal error. Dr. Alnor confirmed through
several representatives of the U.S. Postal
Service
that CRI and its president, Hank
Hanegraff, were being investigated for
mail fraud. After
Alnor posted the information on his
website, CRI and Hanegraff sued him for
defamation.
In response, the ACLU filed an anti-
SLAPP (Strategic Lawsuit Against Public
Participation)
suit, arguing that the defamation suit
should be dismissed as a meritless
claim aimed at
discouraging Alnor’s exercise of free
speech. The Superior Court denied the
anti-SLAPP
motion, and we appealed. The Court of
Appeal reversed the decision below in
February,
2007, and remanded the case to the
Superior Court with an order that the anti-
SLAPP motion
be granted. We filed a motion for attorneys
fees that the Superior Court granted. In so
doing, the Court also severely cut the
amount of fees we had sought. We
appealed the
attorneys’ fees order. The Court of Appeal
issued an opinion in August, 2008
upholding the
Superior Court’s fee ruling.
23. People v. Acosta (Orange
County Superior Court)
The ACLU/SC represents Benito Acosta,
an Orange Coast College student who
criticized
the Costa Mesa City Council at a City
COuncil meeting for proposing to deputize
local
police to enforce federal immigration
laws. Mr. Acosta was forcibly removed,
arrested,
beaten by the police, and detained for five
hours before being released with a
citation for
disrupting a city council meeting and
resisting arrest. The District Attorney
declined to file
charges in February 2006 “in the interest
of justice.” We filed a civil lawsuit on Mr.
Acosta's
behalf in March 2006 (see the companion
case, Acosta v. City of Costa Mesa). In
June, the
Costa Mesa City Prosecutor filed a
criminal complaint against him for alleged
violations of
city ordinances. Working together with Mr.
Acosta's criminal defense attorney, we
filed a
motion to dismiss the criminal charges
alleging the municipal code ordinance
violated the
First Amendment of the federal
Constitution and the Liberty Speech
Clause of the state
Constitution. The motion was denied. The
judge dismissed the case in October
2007,
however, after he discovered that the
prosecutor had never been appointment
or sworn in as
a public prosecutor as required by the
California Constitution. The judge stated
that the
prosecutor’s failure to follow the law
amounted to a denial of due process. The
City
appealed the Court’s dismissal of the
criminal prosecution against Mr. Acosta to
the
Appellate Department of the Orange
County Superior Court. A three-judge
panel heard oral
argument on June 26, 2008 and
requested additional briefing on the issue
of double jeopardy.
The court has taken the matter under
submission. See also Acosta v. City of
Costa Mesa,
24. Porter v. Bowen (Ninth
Circuit Court of Appeals)
Our suit filed in November 2000,
challenges then Secretary of State Bill
Jones’ threat of
criminal prosecution against a voter
discussion and political strategizing web
site during the
2000 election. In addition to discussions
on strategies that might influence the final
outcome
in the electoral college, voters also
discussed ways to strengthen third party
candidates. The
website targeted by the Secretary and
another with similar content shut down
rather than run
the risk of prosecution. We alleged that
the threat was a prior restraint on speech.
The
district court dismissed the case and the
Ninth Circuit reversed. The case was
returned to the
district court for further proceedings. The
parties filed cross-motions for summary
judgment.
The district court held that plaintiffs’ claim
for injunctive relief was moot and later
ruled
against Plaintiffs on their claim for
damages, holding that the Defendant was
entitled to
qualified immunity. We have filed a notice
of appeal and our opening brief in the
Ninth
Circuit. Defendants’ opposition brief was
filed in November 2006. On August 6,
2007, the
9th Circuit ruled that the websites are
protected by the First Amendment and
cannot be
prosecuted under vote-buying statutes.
The decision sets an important precedent
protecting
the right of website operators and voters
to maintain and use such sites in future
presidential
elections. The State has filed a petition for
rehearing, and for rehearing en banc. On
March
13, 2008, the panel denied the petition for
rehearing, and the Ninth Circuit denied
the petition
for rehearing en banc. We arrived at a
settlement of attorneys fees and costs.
25. San Leondro Teachers
Association, et al v. San
Leandro Unified School
District
(California Supreme Court)
The three California ACLU affiliates filed
an amicus brief in the California Supreme
Court
in May 2008 on behalf of the San Leandro
Teachers Association (“Association”). The
San
Leandro Unified School District banned
the Association from communicating
information
about ballot initiatives and candidates
for school board elections through the
Association’s
newsletters distributed, at the
Association’s expense, through the
District’s employee
mailboxes. The case is important in
determining the application of the Liberty
of Speech
Clause of the California Constitution on
school property and other public property
that has
not been opened up for general use by
public speakers. The amicus brief argues
that the
Court should adopt the “functional
incompatibility” test, which protects the
government’s
control over less public forums without
sacrificing protection against content
discrimination.
The Court has not yet scheduled oral
argument.
26. United States v. Omidvar
(U.S. District Court)
Mohammed Omidvar is one of a group of
American citizens of Iranian origin
charged in
2001 with providing “material support” to a
terrorist organization known as the
Mojahedin-e-
Khalq (MEK). The defendants, including
Mr. Omidvar, raised money for the
Committee for
Human Rights in Iran (CHR), which
supported victims of human rights
abuses in Iran. the
government, however, claims that CHR
was actually a front for the MEK, which
used the
money for MEK’s military purposes. Mr.
Omidvar claims that the CHR was a
legitimate
charity, and that its money went for
charitable purposes. Prior to the ACLU’s
involvement
with the case, the defendants filed a
motion to dismiss the indictment on the
ground that the
statute was facially unconstitutional under
the First Amendment. The district court
agreed,
but the Ninth Circuit reversed.
The ACLU entered the case in February
2008 as Mr. Omidvar’s trial counsel. The
case presents important First
Amendment issues, including the
mental state requirements for conviction
under the “material support” statute. We
argue that
the government has to prove Mr. Omidvar
knowingly funded terrorist activity. The
government claims that as long as it can
show the CHR is actually a front for the
MEK, it
need not prove that the money actually
went to support terrorist activities. The
defendants
filed 15 motions to dismiss various
counts in the indictment on July 15, 2008,
including
motions to dismiss the material support
of terrorism counts on First Amendment
and due
process grounds, among others. We are
awaiting the government’s response.
27. Welcome INN, Inc. v.
Coleman (U.S. District Court)
Members of a faith-based charity
organization, Welcome INN, were
threatened with arrest
while trying to feed homeless people at
Doheny State Beach in Dana Point. The
group has
been offering hot meals, plus social
services help and Bibles, to about 50
homeless or lowincome
people in the area for nearly two decades,
in fulfillment of their religious obligation
to take care of people. They served meals
on two consecutive nights in February in
the
park’s picnic area without incident, but on
the third night park rangers told the group
it was
engaged in “unlawful assembly” under a
state regulation, 14 CCR 4321. The case
was
settled in August, 2008. Under the terms
of the settlement, the Department of Parks
and
Recreation will not enforce the regulation
in any way against anyone and will pay the
ACLU/SC’s attorney fees and costs. The
court will retain jurisdiction over the case
for three
years for the purpose of enforcing the
settlement terms.
28. Widders v. Fuhrchtenicht
(California Court of Appeal,
2nd District)
Jeff Fuhrchtenicht wanted to try to gather
enough petition signatures to put two
measures on
the ballot in an Ojai city election. Under
state law, prior to gathering petition
signatures to
try to qualify a measure for the ballot, a
proponent must file a notice of intention
with the
appropriate local election office and file a
request “that a ballot title and summary be
prepared.” The measure must then be
forwarded to the city attorney, who is
required under
state law to provide and return to city
officials a ballot title and summary within
15 days.
Mr. Fuhrchtenicht received notice from
Widders, the City Attorney, that the
proposed
measure was unconstitutional and he
“declined” to prepare the title and
summary. Several
e-mails were sent between the two
parties, including one from our client
stating that he
would withdraw the proposed initiatives if
the City Council would put on its agenda
for
discussion the issues addressed by the
initiatives. However,in September 2006,
without
responding to our client’s offer to
withdraw, and well after the 15 day time
frame to prepare
the title and summary had expired,
Widders filed for declaratory relief on the
ground that,
among other things, the measure was
unconstitutional and he should be
relieved of his duty to prepare the title and
summary. Furchtenicht filed a demurrer
and an anti-SLAPP motion.
The court granted the demurrer, holding
there was no case or controversy, but
denied the
anti-SLAPP motion. We agreed to file an
appeal on the denial of the anti-SLAPP
motion
arguing that Widders's declaratory
judgement action interfered with
Fuhrchtenicht's right to
free speech in connection with a public
issue. Widders has now cross-appealed
on the grant
of the demurrer. Briefing is complete, and
oral argument was held in July, 2008. We
are
awaiting a decision. The ACLU is co-
counseling with Mitchell, Silberberg &
Knupp.
ACLU OF SAN
DIEGO & IMPERIAL
COUNTIES
BOARD OF DIRECTORS
David Higgins,
Board
President
David Higgins employs his
background in biotechnology
research, project
management, and business
development to consult
several biotech companies.
He has held positions at
Invitrogen, Chiron, and Idun
Pharmaceuticals. Most
recently, he was Executive VP
for Business Development
and Head of US Operations for
BioMedica, Inc...
Higgins was foreman of the
2006/2007 San Diego County
Grand Jury, which investigated
many matters related to civil
liberties. Higgins earned his
Ph.D. in molecular biology and
genetics from the University of
Rochester.
ACLU of San Diego & Imperial
Counties
P.O. Box 87131
San Diego, CA 92138-7131
DIEGO & IMPERIAL
COUNTIES
BOARD OF DIRECTORS
David Higgins,
Board
President
David Higgins employs his
background in biotechnology
research, project
management, and business
development to consult
several biotech companies.
He has held positions at
Invitrogen, Chiron, and Idun
Pharmaceuticals. Most
recently, he was Executive VP
for Business Development
and Head of US Operations for
BioMedica, Inc...
Higgins was foreman of the
2006/2007 San Diego County
Grand Jury, which investigated
many matters related to civil
liberties. Higgins earned his
Ph.D. in molecular biology and
genetics from the University of
Rochester.
ACLU of San Diego & Imperial
Counties
P.O. Box 87131
San Diego, CA 92138-7131
Personnel file
Dr. David Higgins has been
named vice president for
business development for
Oxford BioMedica (San Diego,
California/Oxford, England).
He will join Oxford BioMedicas
San Diego subsidiary to head
business development in the
U.S. Higgins previously
worked in project
management and business
development for Invitrogen,
Chiron and Idun
Pharmaceuticals. Oxford
BioMedica was spun off from
Oxford University and
specializes in gene-based
products and technology in
the areas of cancer,
neurological disease,
cardiovascular disease and
blood disorders.
David Higgins, Ph.D.
The Center for Ethics
* Executive Committee
Logistics and Education
Higgins has a professional
background in biotechnology
research, project
management, and business
development.
He has held positions at
Invitrogen, Chiron, Idun
Pharmaceuticals and most
recently he was Executive VP
for Business Development
and Head of US Operations
for BioMedica, Inc., a
UK-based gene therapy
company.
Higgins has served as
Adjunct Associate Professor
of Biology at SDSU and as an
Instructor in the biotech
technician training program at
SD City College.
Higgins has volunteered for
various community-oriented
organizations including
Positive Prevention, Rolling
Readers, SD Museum of
Natural History, the North Park
Community Association, and
Water Station. He served as
foreman of the 2006/2007 San
Diego County Grand Jury.
Currently he is a Scientific
Advisor for iDiverse, a SD
biotech company, serves on
the steering committee of the
MLK All People's Breakfast,
and is the President of the
Board of Directors of the
ACLU of San Diego and
Imperial Counties. Higgins
earned his Ph.D. in molecular
biology and genetics from
the University of Rochester
followed by a postdoctoral
fellowship at the National
Cancer Institute.
Dr. David Higgins has been
named vice president for
business development for
Oxford BioMedica (San Diego,
California/Oxford, England).
He will join Oxford BioMedicas
San Diego subsidiary to head
business development in the
U.S. Higgins previously
worked in project
management and business
development for Invitrogen,
Chiron and Idun
Pharmaceuticals. Oxford
BioMedica was spun off from
Oxford University and
specializes in gene-based
products and technology in
the areas of cancer,
neurological disease,
cardiovascular disease and
blood disorders.
David Higgins, Ph.D.
The Center for Ethics
* Executive Committee
Logistics and Education
Higgins has a professional
background in biotechnology
research, project
management, and business
development.
He has held positions at
Invitrogen, Chiron, Idun
Pharmaceuticals and most
recently he was Executive VP
for Business Development
and Head of US Operations
for BioMedica, Inc., a
UK-based gene therapy
company.
Higgins has served as
Adjunct Associate Professor
of Biology at SDSU and as an
Instructor in the biotech
technician training program at
SD City College.
Higgins has volunteered for
various community-oriented
organizations including
Positive Prevention, Rolling
Readers, SD Museum of
Natural History, the North Park
Community Association, and
Water Station. He served as
foreman of the 2006/2007 San
Diego County Grand Jury.
Currently he is a Scientific
Advisor for iDiverse, a SD
biotech company, serves on
the steering committee of the
MLK All People's Breakfast,
and is the President of the
Board of Directors of the
ACLU of San Diego and
Imperial Counties. Higgins
earned his Ph.D. in molecular
biology and genetics from
the University of Rochester
followed by a postdoctoral
fellowship at the National
Cancer Institute.
ACLU'S DEFENSE OF US FLAG-WEARING
STUDENTS PERPLEXES THE RIGHT
Students' American Flag T-Shirts Are Protected Speech
Earlier this month, five students at Live Oak High School in Morgan
Hill, California, were sent home on Cinco de Mayo for wearing T-shirts
bearing the American flag. The students were reportedly sent home
after a vice principal told them the shirts posed a "safety issue" on a
day celebrating Mexican heritage.
Our sister affiliate, the ACLU of Northern California responded to the
incident by sending a letter to the Morgan Hill Schools Superintendent
reminding him of the speech rights students are entitled to under the
U.S. Constitution and California law. Punishing students for wearing
T-shirts with the American flag is a clear violation of their free speech
rights.
The letter points out that students wearing the American flag wouldn't
have been controversial but for the interest of other students in
celebrating their Mexican heritage on Cinco de Mayo. Their patriotic
display was particularly meaningful because of the context, and their
right to express their patriotism in light of that context must be
honored. The right to wear an American flag every day but Cinco de
Mayo would do little to advance the important work of the First
Amendment, whose protections must be enforced every day.
There is another important lesson for the school here. For displays of
the American flag to create such a strong concern about disruption,
it's likely the school has underlying racial and cultural tensions that
need attention. Using censorship to suppress student speech is
exactly the wrong thing to do in this kind of situation. While the school
superintendent did make a statement reaffirming the school district's
support for students' speech rights, it's also important that the Live
Oak teachers and administrators use this incident as an opportunity
to teach students tolerance, diversity and mutual respect.
Conservative Commentators Rush to Blame the ACLU
Whoops! A number of commentators who love to bash the ACLU for,
well, just about everything slammed us for our hypocrisy in not
defending the free speech rights of students wearing American flags.
The only problem is, we did, we have, and we always will. Read a
large sample of their hypocrisy in this blog post by Conor Friedersdorf.
STUDENTS PERPLEXES THE RIGHT
Students' American Flag T-Shirts Are Protected Speech
Earlier this month, five students at Live Oak High School in Morgan
Hill, California, were sent home on Cinco de Mayo for wearing T-shirts
bearing the American flag. The students were reportedly sent home
after a vice principal told them the shirts posed a "safety issue" on a
day celebrating Mexican heritage.
Our sister affiliate, the ACLU of Northern California responded to the
incident by sending a letter to the Morgan Hill Schools Superintendent
reminding him of the speech rights students are entitled to under the
U.S. Constitution and California law. Punishing students for wearing
T-shirts with the American flag is a clear violation of their free speech
rights.
The letter points out that students wearing the American flag wouldn't
have been controversial but for the interest of other students in
celebrating their Mexican heritage on Cinco de Mayo. Their patriotic
display was particularly meaningful because of the context, and their
right to express their patriotism in light of that context must be
honored. The right to wear an American flag every day but Cinco de
Mayo would do little to advance the important work of the First
Amendment, whose protections must be enforced every day.
There is another important lesson for the school here. For displays of
the American flag to create such a strong concern about disruption,
it's likely the school has underlying racial and cultural tensions that
need attention. Using censorship to suppress student speech is
exactly the wrong thing to do in this kind of situation. While the school
superintendent did make a statement reaffirming the school district's
support for students' speech rights, it's also important that the Live
Oak teachers and administrators use this incident as an opportunity
to teach students tolerance, diversity and mutual respect.
Conservative Commentators Rush to Blame the ACLU
Whoops! A number of commentators who love to bash the ACLU for,
well, just about everything slammed us for our hypocrisy in not
defending the free speech rights of students wearing American flags.
The only problem is, we did, we have, and we always will. Read a
large sample of their hypocrisy in this blog post by Conor Friedersdorf.
ACLU intervenes after Birmingham protest
March 15, 2010
BY BILL LAITNER
DETROIT FREE PRESS
Two weeks after his peaceful demonstration to endorse health care
reform drew 150 people to Birmingham in September, organizer Tom
Zerafa got a letter from the city's police department.
For any future demonstrations, the letter said he would need to
request a special-event permit at least 90 days beforehand and pay
for police overtime, which can cost thousands of dollars.
Those demands are unconstitutional, according to the American Civil
Liberties Union. In letters sent Feb. 18 to Birmingham's city attorney,
mayor and police chief, the ACLU cited court rulings from across the
country that repeatedly have said communities must let demonstrators
freely gather -- no strings attached.
The ACLU asked Birmingham to "avoid any additional violations of the
First Amendment" by changing its ordinance and to give Zerafa written
assurance that he could can hold another demonstration without a
permit, and without being arrested.
Zerafa, 59, of Oak Park, a metro-Detroit leader of the liberal group
MoveOn.org, is still waiting for that written assurance. He is planning
his next demonstration in Birmingham, at Maple and Woodward, on
Friday, the seventh anniversary of the start of U.S. military action in
Iraq.
Last week, the ACLU asked for clarification after getting a letter from
the city that says that Zerafa doesn't need a permit after all: "It is my
opinion that the peaceful assembly of citizens on the sidewalk is not a
'special event,' as long as it does not subject the sidewalk to a greater
use than usual," Birmingham City Attorney Tim Currier wrote.
In a telephone interview, Currier said, "If Mr. Zerafa wants to show up,
he can show up."
But there's no sign that Birmingham will amend its requirement
for event permits, as have other towns, including Dearborn,
after it went to court on the issue...
March 15, 2010
BY BILL LAITNER
DETROIT FREE PRESS
Two weeks after his peaceful demonstration to endorse health care
reform drew 150 people to Birmingham in September, organizer Tom
Zerafa got a letter from the city's police department.
For any future demonstrations, the letter said he would need to
request a special-event permit at least 90 days beforehand and pay
for police overtime, which can cost thousands of dollars.
Those demands are unconstitutional, according to the American Civil
Liberties Union. In letters sent Feb. 18 to Birmingham's city attorney,
mayor and police chief, the ACLU cited court rulings from across the
country that repeatedly have said communities must let demonstrators
freely gather -- no strings attached.
The ACLU asked Birmingham to "avoid any additional violations of the
First Amendment" by changing its ordinance and to give Zerafa written
assurance that he could can hold another demonstration without a
permit, and without being arrested.
Zerafa, 59, of Oak Park, a metro-Detroit leader of the liberal group
MoveOn.org, is still waiting for that written assurance. He is planning
his next demonstration in Birmingham, at Maple and Woodward, on
Friday, the seventh anniversary of the start of U.S. military action in
Iraq.
Last week, the ACLU asked for clarification after getting a letter from
the city that says that Zerafa doesn't need a permit after all: "It is my
opinion that the peaceful assembly of citizens on the sidewalk is not a
'special event,' as long as it does not subject the sidewalk to a greater
use than usual," Birmingham City Attorney Tim Currier wrote.
In a telephone interview, Currier said, "If Mr. Zerafa wants to show up,
he can show up."
But there's no sign that Birmingham will amend its requirement
for event permits, as have other towns, including Dearborn,
after it went to court on the issue...
California Teachers Association head counsel
Beverly Tucker used to be a counsel for the ACLU
California Teachers Association head counsel Beverly Tucker used to
be a counsel for the ACLU in Northern California. Obviously, she
wasn't a true believer in civil rights, or she wouldn't have spent so
much money and effort on silly efforts to violate my civil rights. Tucker
didn't plan her actions well.
Tucker had no good reason to support the two teachers who said I
was going to come to school and shoot everybody. Her reason for
doing so? It was an election year for the teachers union affiliate in
Chula Vista, and the incumbent (Gina Boyd) was afraid the two
teachers might make trouble for her if she insisted on a proper
investigation.
I think Tucker was careless. The matter simply wasn't important to
her, so she didn't bother to use any energy thinking about it. Only a
very tiny amount of brain work was required to reach a sensible
solution to the problem. The teachers should have been told to
apologize to me. Instead, Tucker has spent years forcing teachers to
lie under oath, wildly contradicting each other, among other shameful
actions.
Tucker has enormous power. The people who supported her in my
case (Gail Mendes, Jim Groth and Peg Myers) are rising fast in CTA.
This delights me, because it makes my case more newsworthy and it
reveals the politics inside CTA.
Beverly Tucker used to be a counsel for the ACLU
California Teachers Association head counsel Beverly Tucker used to
be a counsel for the ACLU in Northern California. Obviously, she
wasn't a true believer in civil rights, or she wouldn't have spent so
much money and effort on silly efforts to violate my civil rights. Tucker
didn't plan her actions well.
Tucker had no good reason to support the two teachers who said I
was going to come to school and shoot everybody. Her reason for
doing so? It was an election year for the teachers union affiliate in
Chula Vista, and the incumbent (Gina Boyd) was afraid the two
teachers might make trouble for her if she insisted on a proper
investigation.
I think Tucker was careless. The matter simply wasn't important to
her, so she didn't bother to use any energy thinking about it. Only a
very tiny amount of brain work was required to reach a sensible
solution to the problem. The teachers should have been told to
apologize to me. Instead, Tucker has spent years forcing teachers to
lie under oath, wildly contradicting each other, among other shameful
actions.
Tucker has enormous power. The people who supported her in my
case (Gail Mendes, Jim Groth and Peg Myers) are rising fast in CTA.
This delights me, because it makes my case more newsworthy and it
reveals the politics inside CTA.
Silence at Boalt Hall
The Dismantling of Affirmative Action
Andrea Guerrero
The Dismantling of Affirmative Action
Andrea Guerrero
Why This Website
Stutz Artiano Shinoff
& Holtz v. Maura
Larkins defamation
SDCOE
CVESD
Castle Park Elem
Law Enforcement
CTA
CVE
Stutz Artiano Shinoff
& Holtz
Silence is Golden
Schools and Violence
Office Admin Hearings
Larkins OAH Hearing
Stutz Artiano Shinoff
& Holtz v. Maura
Larkins defamation
SDCOE
CVESD
Castle Park Elem
Law Enforcement
CTA
CVE
Stutz Artiano Shinoff
& Holtz
Silence is Golden
Schools and Violence
Office Admin Hearings
Larkins OAH Hearing
Hon. James
Stiven
California Western
University
Distinguished Jurist
U.S. Magistrate Judge for the
Southern District of California
(ret.)
J.D. B.B.A. University of
California, Los Angeles
Courses Taught: Alternative
Dispute Resolution, Pretrial
Practice
Judge James Stiven was born
and raised in Illinois and
came west to attend college at
UCLA. He received a degree in
Business Administration in
1962 and served as Student
Body President his senior
year. After graduation, Stiven
served four years as an officer
in the U.S. Marine Corps, with
a tour of duty in Vietnam. He
graduated from UCLA Law
School in 1969, having served
as Senior Editor of the UCLA
LAW REVIEW. Stiven joined
the law firm of Gray Cary
Ames & Frye that year and
practiced as a trial lawyer for
that firm (and its successors,
now DLA Piper Rudnik Gray
Cary) for nearly 27 years,
specializing in products
liability, securities and
commercial litigation.
During his years of practice,
Stiven was elected to the
American Board of Trial
Advocates and as a Master of
the American Inns of Court. He
also served twelve years in the
House of Delegates of the
American Bar Association,
chairing the Section of
Individual Rights in 1995. In
1996 Stiven was appointed
U.S. Magistrate Judge for the
Southern District of California,
where he served until his
retirement in 2005. While on
the bench, he remained active
in the Inns of Court, the
Association of Business Trial
Lawyers and the Ninth Circuit
Executive Committee. Stiven
served as a Trustee of
California Western School of
Law from 1992 until being
appointed as Distinguished
Jurist in 2005.
Stiven
California Western
University
Distinguished Jurist
U.S. Magistrate Judge for the
Southern District of California
(ret.)
J.D. B.B.A. University of
California, Los Angeles
Courses Taught: Alternative
Dispute Resolution, Pretrial
Practice
Judge James Stiven was born
and raised in Illinois and
came west to attend college at
UCLA. He received a degree in
Business Administration in
1962 and served as Student
Body President his senior
year. After graduation, Stiven
served four years as an officer
in the U.S. Marine Corps, with
a tour of duty in Vietnam. He
graduated from UCLA Law
School in 1969, having served
as Senior Editor of the UCLA
LAW REVIEW. Stiven joined
the law firm of Gray Cary
Ames & Frye that year and
practiced as a trial lawyer for
that firm (and its successors,
now DLA Piper Rudnik Gray
Cary) for nearly 27 years,
specializing in products
liability, securities and
commercial litigation.
During his years of practice,
Stiven was elected to the
American Board of Trial
Advocates and as a Master of
the American Inns of Court. He
also served twelve years in the
House of Delegates of the
American Bar Association,
chairing the Section of
Individual Rights in 1995. In
1996 Stiven was appointed
U.S. Magistrate Judge for the
Southern District of California,
where he served until his
retirement in 2005. While on
the bench, he remained active
in the Inns of Court, the
Association of Business Trial
Lawyers and the Ninth Circuit
Executive Committee. Stiven
served as a Trustee of
California Western School of
Law from 1992 until being
appointed as Distinguished
Jurist in 2005.
Candace M.
Carroll
Sullivan Hill Lewin Rez & Engel
Of Counsel
Duke University Law School, J.
D., 1974, with honors, Order of
the Coif
• George Washington
University, B.B.A., 1969, Phi
Beta Kappa
Ms. Carroll is a highly
regarded appellate
practitioner, having briefed and
argued appeals in many
federal judicial circuits, in the
California state courts, and in
the bankruptcy appellate
system. She has handled
appeals on a wide range of
subjects, including contract
disputes, insurance and
indemnity issues, wrongful
termination, intellectual
property, personal injury,
constitutional rights and
complex family law matters.
Her appellate expertise was
gained not only through her
practice with the firm over the
last 20 years, but also through
seven years’ service as an
attorney in the Appellate Court
Branch of the National Labor
Relations Board in
Washington, D.C., and through
a year spent as Court Law
Clerk to the United States
Court of Appeals for the
District of Columbia Circuit.
Several of the appeals she
has handled have resulted in
published opinions. Carroll is
a member of the Bars of
California, Maryland, and
Washington, D.C., and is
admitted to practice before the
United States Supreme Court;
the California Supreme Court;
the United States Courts of
Appeals for the Second,
Fourth, Fifth, Seventh, Ninth,
Eleventh, and District of
Columbia Circuits; before the
United States District Courts
for the Central and Southern
Districts of California; and
before all California courts.
An active member of the legal
community, Ms. Carroll
currently chairs Senator
Barbara Boxer’s Judicial
Appointments Committee for
the Southern District of
California. She is a Past
President of California Women
Lawyers, the statewide
Women's Bar Association, and
of the San Diego County Bar
Association. She is the 2009
recipient of the Duke University
Law School’s Charles S.
Rhyne Award, given to an
alumnus or alumna whose
career as a practicing attorney
has demonstrated the highest
standards of professionalism,
personal integrity, and
commitment to education and
community service. She
serves on the board of the
ACLU of San Diego and
Imperial Counties; on the
Duke University Law School
Board of Visitors; on the
California Western School of
Law Council of Visitors; and
on the Advisory Council of the
San Diego Chapter of the
International Rescue
Committee. From 1996
through 2007, she was a
member of the ACLU's
National Board. In 2000, she
was awarded the Belva
Lockwood Service Award by
the Lawyers Club of San
Diego. She has taught
seminars in Advanced Legal
Writing at the Duke University
Law School and the University
of San Diego Law School.
Carroll
Sullivan Hill Lewin Rez & Engel
Of Counsel
Duke University Law School, J.
D., 1974, with honors, Order of
the Coif
• George Washington
University, B.B.A., 1969, Phi
Beta Kappa
Ms. Carroll is a highly
regarded appellate
practitioner, having briefed and
argued appeals in many
federal judicial circuits, in the
California state courts, and in
the bankruptcy appellate
system. She has handled
appeals on a wide range of
subjects, including contract
disputes, insurance and
indemnity issues, wrongful
termination, intellectual
property, personal injury,
constitutional rights and
complex family law matters.
Her appellate expertise was
gained not only through her
practice with the firm over the
last 20 years, but also through
seven years’ service as an
attorney in the Appellate Court
Branch of the National Labor
Relations Board in
Washington, D.C., and through
a year spent as Court Law
Clerk to the United States
Court of Appeals for the
District of Columbia Circuit.
Several of the appeals she
has handled have resulted in
published opinions. Carroll is
a member of the Bars of
California, Maryland, and
Washington, D.C., and is
admitted to practice before the
United States Supreme Court;
the California Supreme Court;
the United States Courts of
Appeals for the Second,
Fourth, Fifth, Seventh, Ninth,
Eleventh, and District of
Columbia Circuits; before the
United States District Courts
for the Central and Southern
Districts of California; and
before all California courts.
An active member of the legal
community, Ms. Carroll
currently chairs Senator
Barbara Boxer’s Judicial
Appointments Committee for
the Southern District of
California. She is a Past
President of California Women
Lawyers, the statewide
Women's Bar Association, and
of the San Diego County Bar
Association. She is the 2009
recipient of the Duke University
Law School’s Charles S.
Rhyne Award, given to an
alumnus or alumna whose
career as a practicing attorney
has demonstrated the highest
standards of professionalism,
personal integrity, and
commitment to education and
community service. She
serves on the board of the
ACLU of San Diego and
Imperial Counties; on the
Duke University Law School
Board of Visitors; on the
California Western School of
Law Council of Visitors; and
on the Advisory Council of the
San Diego Chapter of the
International Rescue
Committee. From 1996
through 2007, she was a
member of the ACLU's
National Board. In 2000, she
was awarded the Belva
Lockwood Service Award by
the Lawyers Club of San
Diego. She has taught
seminars in Advanced Legal
Writing at the Duke University
Law School and the University
of San Diego Law School.
Greg Rose
Gregory G. "Greg" Rose
(born July 15, 1955 in
Sydney, Australia) is Vice
President of Technology
for Qualcomm.[1] Rose
designed the SOBER
family of stream ciphers.
Mary Cruz
Mark Adams
Pat Boyce
Linda Cory Allen
Legal Experience: 31
years
Law School: California
Western School of Law
Michele Fahley
Michele Fahley is a staff
attorney at California
Indian Legal
Services, which she joined
in June 2004 after
graduating from UCLA
School of Law, receiving
her law degree and
Masters in American
Indian Studies. Michele
worked with the UCLA
Tribal Legal
Development Clinic, the
UCLA American Indian
Studies Program
and the Tribal Law and
Policy Institute before
joining CILS. Fahley’s
work focuses on protecting
the unique rights of
American Indians
and Tribes, including
advocating tribal rights in
juvenile cases,
protecting Indian students’
special education rights,
and cultural
resource protection.
Fahley currently serves as
Secretary for the
California Indian Law
Association.
Deborah Fritsch
Kevin "KJ" Greene
Kevin “K.J.” Greene Voted
one of the Top Ten
Intellectual Property
attorneys in San Diego
County, KJ Greene is a
professor at Thomas
Jefferson School of Law,
where he has developed a
national
reputation as an IP
scholar. A Yale Law
graduate and a leading
expert on the subject of
African-American cultural
production and
intellectual property law,
his scholarship is among
the first in legal
academy to explore the
intersection of racial
subordination and
intellectual property law.
Greene volunteered with
the NY Civil
Liberties Union’s
“Unlearning Stereotypes”
high school program, in
which bi-racial teams of
lawyers open a dialogue
on race, gender,
class and sexuality issues.
Dwight Lomayesva
Lead Coordinator
Southern California Tribal
Digital Village,
Infrastructure
Dwight K. Lomayesva
(Hopi) is Lead Coordinator
of the Southern California
Tribal Digital Village,
Infrastructure.
Mark Niblack
Susan Pollock
Yvonne Sanchez
Yvonne Sanchez has
served as a Board
Member for the past year.
Previously, she served on
the Washington State
ACLU Board.
Shevolunteers extensively
for both the ACLU and
Casa Cornelia Law
Center. Additionally she
brings over fifteen years of
experience in the
public and private sectors,
concentrated in
management, education
and training, and
community building. This
experience includes
policy analysis and
strategic planning; budget
formulation and
control; program
development and
evaluation; public
speaking; and
community activism.
Sanchez received a Ford
Foundation fellowship
for graduate work and a
NHLI fellowship that
included leadership
courses at the Kennedy
School of Government at
Harvard.
Mark Adams
Pat Boyce
Linda Cory Allen
Legal Experience: 31
years
Law School: California
Western School of Law
Michele Fahley
Michele Fahley is a staff
attorney at California
Indian Legal
Services, which she joined
in June 2004 after
graduating from UCLA
School of Law, receiving
her law degree and
Masters in American
Indian Studies. Michele
worked with the UCLA
Tribal Legal
Development Clinic, the
UCLA American Indian
Studies Program
and the Tribal Law and
Policy Institute before
joining CILS. Fahley’s
work focuses on protecting
the unique rights of
American Indians
and Tribes, including
advocating tribal rights in
juvenile cases,
protecting Indian students’
special education rights,
and cultural
resource protection.
Fahley currently serves as
Secretary for the
California Indian Law
Association.
Deborah Fritsch
Kevin "KJ" Greene
Kevin “K.J.” Greene Voted
one of the Top Ten
Intellectual Property
attorneys in San Diego
County, KJ Greene is a
professor at Thomas
Jefferson School of Law,
where he has developed a
national
reputation as an IP
scholar. A Yale Law
graduate and a leading
expert on the subject of
African-American cultural
production and
intellectual property law,
his scholarship is among
the first in legal
academy to explore the
intersection of racial
subordination and
intellectual property law.
Greene volunteered with
the NY Civil
Liberties Union’s
“Unlearning Stereotypes”
high school program, in
which bi-racial teams of
lawyers open a dialogue
on race, gender,
class and sexuality issues.
Dwight Lomayesva
Lead Coordinator
Southern California Tribal
Digital Village,
Infrastructure
Dwight K. Lomayesva
(Hopi) is Lead Coordinator
of the Southern California
Tribal Digital Village,
Infrastructure.
Mark Niblack
Susan Pollock
Yvonne Sanchez
Yvonne Sanchez has
served as a Board
Member for the past year.
Previously, she served on
the Washington State
ACLU Board.
Shevolunteers extensively
for both the ACLU and
Casa Cornelia Law
Center. Additionally she
brings over fifteen years of
experience in the
public and private sectors,
concentrated in
management, education
and training, and
community building. This
experience includes
policy analysis and
strategic planning; budget
formulation and
control; program
development and
evaluation; public
speaking; and
community activism.
Sanchez received a Ford
Foundation fellowship
for graduate work and a
NHLI fellowship that
included leadership
courses at the Kennedy
School of Government at
Harvard.
Paula Doss, J.D.
Director of Human
Resources for Equal
Opportunity at UCSD and
is an active participant in
several African-American
non-profit and arts
activities in San Diego
County.
Director, EO/Staff
Affirmative Action
UC San Diego
Director of Human
Resources for Equal
Opportunity at UCSD and
is an active participant in
several African-American
non-profit and arts
activities in San Diego
County.
Director, EO/Staff
Affirmative Action
UC San Diego
ACLU ELECTS NEW BOARD MEMBERS AT ANNUAL MEETING
Also Awards Two Key Volunteers
At its annual meeting today, the members of the ACLU of San Diego &
Imperial Counties elected four new members and re-elected two
members to the board of directors.
Board Members
The four new members are:
- Mark Adams, a San Diego criminal defense attorney focusing on the
defense of serious felony cases in district court.
- Dwight Lomayesva, III, executive director of the American Indian
Recruitment (AIR) Program, which targets at-risk youth and provides
mentoring and tutoring services.
- Greg Rose, a vice president of product security for Qualcomm, Inc.,
where he works on cryptographic security and authentication for
mobile phones and other technologies. Rose served as a judge for the
ACLU's first Civil Liberties in Science & Technology Awards last spring.
- Stephen Whitburn, an award-winning former reporter who left
journalism to advocate for open government and social justice.
Returning board members are:
- Candace Carroll, a civil appellate attorney in private practice. Carroll
is a past president of the San Diego County Bar Association and of
California Women Lawyers, and served for 11 years on ACLU's
national board.
- Susan Pollock, a former journalist and associate director of the
Brady Campaign to Prevent Gun Violence.
Nominating Committee Members
At the meeting, ACLU members also elected three new members to
the ACLU Nominating Committee, which is responsible for seeking out
broad representation for the ACLU Board of Directors:
- Isidro Ortiz, professor of Chicana and Chicano Studies at San Diego
State University, and the vice chair of the Education Consortium and
co-chair of the Latino Concilio on Higher Education of San Diego
County.
- Eric Reyes, executive director of the Institute for Socio-Economic
Justice in the Imperial Valley, which focuses on issues facing the
underserved.
- Ramsey Salem, Medical Services Director at Survivors of Torture
International, which provides preventative health services, access to
secondary treatment, and medical advocacy for refugee and asylum
seekers in San Diego.
Bill of Rights Awards
Two key ACLU San Diego volunteers were recognized for their
tremendous contributions to the organization:
- Marilyn Adams, a 25-year veteran volunteering with the ACLU, she
helps our legal staff process requests for legal assistance, helpign the
department process the scores of requests we receive each month.
- Max Oltersdorf, a high school senior who has been working with us
for several years and who took on a massive project to prepare a
web-based, interactive map of locked facilities (jails, prisons, detention
centers, etc.) and information on how inmates and family members can
get help or file complaints.
Marilyn and Max were both presented with the Bill of Rights Award,
given at the discretion of the board of directors to individuals or
groups who deserve special recognition for their contributions to civil
liberties.
Also Awards Two Key Volunteers
At its annual meeting today, the members of the ACLU of San Diego &
Imperial Counties elected four new members and re-elected two
members to the board of directors.
Board Members
The four new members are:
- Mark Adams, a San Diego criminal defense attorney focusing on the
defense of serious felony cases in district court.
- Dwight Lomayesva, III, executive director of the American Indian
Recruitment (AIR) Program, which targets at-risk youth and provides
mentoring and tutoring services.
- Greg Rose, a vice president of product security for Qualcomm, Inc.,
where he works on cryptographic security and authentication for
mobile phones and other technologies. Rose served as a judge for the
ACLU's first Civil Liberties in Science & Technology Awards last spring.
- Stephen Whitburn, an award-winning former reporter who left
journalism to advocate for open government and social justice.
Returning board members are:
- Candace Carroll, a civil appellate attorney in private practice. Carroll
is a past president of the San Diego County Bar Association and of
California Women Lawyers, and served for 11 years on ACLU's
national board.
- Susan Pollock, a former journalist and associate director of the
Brady Campaign to Prevent Gun Violence.
Nominating Committee Members
At the meeting, ACLU members also elected three new members to
the ACLU Nominating Committee, which is responsible for seeking out
broad representation for the ACLU Board of Directors:
- Isidro Ortiz, professor of Chicana and Chicano Studies at San Diego
State University, and the vice chair of the Education Consortium and
co-chair of the Latino Concilio on Higher Education of San Diego
County.
- Eric Reyes, executive director of the Institute for Socio-Economic
Justice in the Imperial Valley, which focuses on issues facing the
underserved.
- Ramsey Salem, Medical Services Director at Survivors of Torture
International, which provides preventative health services, access to
secondary treatment, and medical advocacy for refugee and asylum
seekers in San Diego.
Bill of Rights Awards
Two key ACLU San Diego volunteers were recognized for their
tremendous contributions to the organization:
- Marilyn Adams, a 25-year veteran volunteering with the ACLU, she
helps our legal staff process requests for legal assistance, helpign the
department process the scores of requests we receive each month.
- Max Oltersdorf, a high school senior who has been working with us
for several years and who took on a massive project to prepare a
web-based, interactive map of locked facilities (jails, prisons, detention
centers, etc.) and information on how inmates and family members can
get help or file complaints.
Marilyn and Max were both presented with the Bill of Rights Award,
given at the discretion of the board of directors to individuals or
groups who deserve special recognition for their contributions to civil
liberties.
JOIN ACLU-SAN DIEGO IN CELEBRATING ITS 75TH ANNIVERSARY!
With comedian Tom Smothers and scholar Erwin Chemerinsky
Event is sold out!
Join us for a gala reception, dinner, silent auction, live
entertainment, and special tributes to our founders and clients as
the ACLU of San Diego & Imperial Counties celebrates its 75th year
of fighting to protect civil liberties in southern California.
Noted constitutional scholar Erwin Chemerinsky will deliver the
keynote address, and Tom Smothers of the irrepressible Smothers
Brothers will share his humor.
Our founder Helen Marston recognized the need for a local
organization to fight for the freedom of all and founded the San
Diego ACLU in 1933. Marston devoted her life's work to protecting
and strengthening fundamental human rights, providing equal
treatment of laborers, ending armed conflict, and ensuring adequate
social services to the poor.
To honor her and all our heroes and fighters in the subsequent
decades, we invite you to our very special dinner party.
Thursday, March 13, 2008
5:30 - 6:30 p.m. VIP Reception
6:00 - 7:00 p.m. Registration
6:00 - 7:00 p.m. No-Host Cocktail Reception
7:00 p.m. Dinner and Program
Hyatt Regency Mission Bay Spa and Marina
Live Music!
Entertainment by Tom Smothers!
Silent auction! Items will include a Norman Rockwell print, a Seattle
get-away, Padres box seats, and much, much more!
Tickets are $150.
Tables are $1500.
Other levels of sponsorship are available with special benefits
including free ads in the program, company or organization banners
at the event, recognition on the invitation and on our website and
more. Contact us for details.
Sponsors to date
University of California, San Diego
University of San Diego School of Law
California Western School of Law
The Center
Cooley Godward Kronish LLP
Morrison & Foerster LLP
Viejas Casino
San Diego County Apartment Association
Lowell Blankfort
Candace Carroll and Len Simon
Debbie Fritsch and Pat Boyce
David Higgins and David Miles
Honorary Committee
Dede and Mike Alpert
Alec Cory
Harvey Furgatch
Delores Jacobs
Harvey Levine
Fred Oyama and Alice Yano
Abby Silverman
Arthur and Molli Wagner
Bree Walker
With comedian Tom Smothers and scholar Erwin Chemerinsky
Event is sold out!
Join us for a gala reception, dinner, silent auction, live
entertainment, and special tributes to our founders and clients as
the ACLU of San Diego & Imperial Counties celebrates its 75th year
of fighting to protect civil liberties in southern California.
Noted constitutional scholar Erwin Chemerinsky will deliver the
keynote address, and Tom Smothers of the irrepressible Smothers
Brothers will share his humor.
Our founder Helen Marston recognized the need for a local
organization to fight for the freedom of all and founded the San
Diego ACLU in 1933. Marston devoted her life's work to protecting
and strengthening fundamental human rights, providing equal
treatment of laborers, ending armed conflict, and ensuring adequate
social services to the poor.
To honor her and all our heroes and fighters in the subsequent
decades, we invite you to our very special dinner party.
Thursday, March 13, 2008
5:30 - 6:30 p.m. VIP Reception
6:00 - 7:00 p.m. Registration
6:00 - 7:00 p.m. No-Host Cocktail Reception
7:00 p.m. Dinner and Program
Hyatt Regency Mission Bay Spa and Marina
Live Music!
Entertainment by Tom Smothers!
Silent auction! Items will include a Norman Rockwell print, a Seattle
get-away, Padres box seats, and much, much more!
Tickets are $150.
Tables are $1500.
Other levels of sponsorship are available with special benefits
including free ads in the program, company or organization banners
at the event, recognition on the invitation and on our website and
more. Contact us for details.
Sponsors to date
University of California, San Diego
University of San Diego School of Law
California Western School of Law
The Center
Cooley Godward Kronish LLP
Morrison & Foerster LLP
Viejas Casino
San Diego County Apartment Association
Lowell Blankfort
Candace Carroll and Len Simon
Debbie Fritsch and Pat Boyce
David Higgins and David Miles
Honorary Committee
Dede and Mike Alpert
Alec Cory
Harvey Furgatch
Delores Jacobs
Harvey Levine
Fred Oyama and Alice Yano
Abby Silverman
Arthur and Molli Wagner
Bree Walker
William J. Aceves
J.D. University of Southern
California
M.A. University of Southern
California [international relations]
B.A. Claremont McKenna College
[international relations]
After practicing law for two years,
Professor Aceves returned to
academia to earn an M.A. in
Government at Harvard University
and an LL.M. in International Law
at the UCLA School of Law. He
also served as the Ford
Foundation Fellow in
International Law at the UCLA
School of Law. In 1998, he joined
the faculty at California Western
School of Law. He was promoted
to Professor of Law and Director
of the International Legal Studies
Program in 2001.
Aug. 1, 2007 – Professor William
Aceves has been appointed
associate dean for academic
affairs at California Western
School of Law in San Diego.
J.D. University of Southern
California
M.A. University of Southern
California [international relations]
B.A. Claremont McKenna College
[international relations]
After practicing law for two years,
Professor Aceves returned to
academia to earn an M.A. in
Government at Harvard University
and an LL.M. in International Law
at the UCLA School of Law. He
also served as the Ford
Foundation Fellow in
International Law at the UCLA
School of Law. In 1998, he joined
the faculty at California Western
School of Law. He was promoted
to Professor of Law and Director
of the International Legal Studies
Program in 2001.
Aug. 1, 2007 – Professor William
Aceves has been appointed
associate dean for academic
affairs at California Western
School of Law in San Diego.
August 3, 2010 - California
Western School of Law Professor
Ruben J. Garcia was recently
inducted into the Labor Law
Group. The group is made up of
40 international labor law
academics committed to
developing course texts and
materials that accurately reflect
the practice of labor law...
The Labor Law Group emerged
from the 1946 meeting of the
Association of American Law
Schools. At that meeting, former
Secretary of Labor W. Willard Wirtz
called for the development of
better books and materials for the
instruction of law students on
labor law.
Labor Law Group includes 40
active law teachers from the
United States, Belgium, Canada,
Israel, and the United Kingdom,
who are prominent scholars in
labor and employment law.
Professors in the Labor Law
Group teach at premier U.S. law
schools, such as Georgetown
Law School, New York University,
University of California, Los
Angeles, and Yale University.
Previous members have included
top-level government officials and
a former justice of the Supreme
Court of California.
Garcia began his career as a
private practitioner in the Los
Angeles area. Since entering
academia and exploring the
effects of race, gender,
immigration, and globalization in
the workplace, he has shared his
expertise on the executive boards
of the Society of American Law
Teachers and the ACLU of San
Diego and Imperial Counties.
Garcia is also active in the Labor
and Employment Relations
Association, and serves on the
Executive Advisory Board of the
University of California, San Diego
Center for Research on Gender in
the Professions.
Western School of Law Professor
Ruben J. Garcia was recently
inducted into the Labor Law
Group. The group is made up of
40 international labor law
academics committed to
developing course texts and
materials that accurately reflect
the practice of labor law...
The Labor Law Group emerged
from the 1946 meeting of the
Association of American Law
Schools. At that meeting, former
Secretary of Labor W. Willard Wirtz
called for the development of
better books and materials for the
instruction of law students on
labor law.
Labor Law Group includes 40
active law teachers from the
United States, Belgium, Canada,
Israel, and the United Kingdom,
who are prominent scholars in
labor and employment law.
Professors in the Labor Law
Group teach at premier U.S. law
schools, such as Georgetown
Law School, New York University,
University of California, Los
Angeles, and Yale University.
Previous members have included
top-level government officials and
a former justice of the Supreme
Court of California.
Garcia began his career as a
private practitioner in the Los
Angeles area. Since entering
academia and exploring the
effects of race, gender,
immigration, and globalization in
the workplace, he has shared his
expertise on the executive boards
of the Society of American Law
Teachers and the ACLU of San
Diego and Imperial Counties.
Garcia is also active in the Labor
and Employment Relations
Association, and serves on the
Executive Advisory Board of the
University of California, San Diego
Center for Research on Gender in
the Professions.
National Youth Rights Association
Kevin Keenan is a fomer NYRA board member, and he is currently
serving as the Executive Director of the ACLU's San Diego chapter in
California. He is a graduate of Yale University Law School, and he has
been involved with the ACLU for several years. Keenan joined the
BOA in 2005.
Kevin Keenan is a fomer NYRA board member, and he is currently
serving as the Executive Director of the ACLU's San Diego chapter in
California. He is a graduate of Yale University Law School, and he has
been involved with the ACLU for several years. Keenan joined the
BOA in 2005.
Improving Human Rights To Be Topic of Talk by ACLU
Executive
Yale Bulletin
March 26, 2010
New Haven, Conn. — On Tuesday, March 30, Kevin Keenan, executive director of
the American Civil Liberties Union (ACLU) of San Diego and Imperial Counties, will visit
the campus under the auspices of the Schell Center for International Human Rights...
A 2002 Law School graduate, Keenan previously served as interim director of the ACLU
affiliates in Nevada and New Jersey. He aided human rights reform efforts in Belfast,
Northern Ireland, following the Good Friday Peace Agreement and monitored elections
in the former Yugoslavia. Prior to coming to San Diego, Keenan served as an attorney
for children in Virginia's juvenile prisons and successfully pressed for new laws to
improve reentry services for children with mental health and educational difficulties.
He is author of "Invasion of Privacy: A Reference Handbook" and, with Samuuel
Walker, "An Impediment to Accountability? An Analysis of Law Enforcement Officers'
Bills of Rights."
Executive
Yale Bulletin
March 26, 2010
New Haven, Conn. — On Tuesday, March 30, Kevin Keenan, executive director of
the American Civil Liberties Union (ACLU) of San Diego and Imperial Counties, will visit
the campus under the auspices of the Schell Center for International Human Rights...
A 2002 Law School graduate, Keenan previously served as interim director of the ACLU
affiliates in Nevada and New Jersey. He aided human rights reform efforts in Belfast,
Northern Ireland, following the Good Friday Peace Agreement and monitored elections
in the former Yugoslavia. Prior to coming to San Diego, Keenan served as an attorney
for children in Virginia's juvenile prisons and successfully pressed for new laws to
improve reentry services for children with mental health and educational difficulties.
He is author of "Invasion of Privacy: A Reference Handbook" and, with Samuuel
Walker, "An Impediment to Accountability? An Analysis of Law Enforcement Officers'
Bills of Rights."
Kevin Keenan, San Diego executive director
Local congressmen
urge defense of
Soledad cross
BY Kendra Hartmann, writing for
sdnews.com
11 January 2011
In response to the Jan. 4 ruling
by the 9th U.S. Circuit Court of
Appeals that the cross atop
Mount Soledad is
unconstitutional...
Previously situated on city
property, the 29-foot cross now
resides on federally-owned
land, since the government
seized the lot by eminent
domain in 2006. Judge M.
Margaret McKeown, who wrote
the 50-page ruling by the three-
judge panel, stated, “the
memorial, presently configured
and as a whole, primarily
conveys a message of
government endorsement of
religion that violates the
establishment clause.”
The decision reversed the one
made in 2008 by U.S. District
Judge Larry Burns, who wrote in
his ruling that the cross was not
a predominantly religious
symbol, but rather one that
“communicates the primarily
non-religious messages of
military service, death and
sacrifice.”
That ruling, according to
attorney Jim McElroy, who
has been involved in the
case since the cross was
first challenged by atheist
and Vietnam War vet Philip
Paulson in 1989, “flies in the
face of common sense.”...
Important in this court’s
decision, said McElroy, was the
fact that, for the first time since
the issue was brought into the
legal arena, the ruling took into
consideration the community’s
past, including the “well-
documented history” of anti-
Semitism prior to 1970.
McKeown cited this history as
important for considering what
the cross might represent to
non-Christian observers.
“An informed observer is far
more likely to see the memorial
as sending a message of
exclusion against this backdrop
than if it had been erected in a
city without this pointed history,”
she wrote...
urge defense of
Soledad cross
BY Kendra Hartmann, writing for
sdnews.com
11 January 2011
In response to the Jan. 4 ruling
by the 9th U.S. Circuit Court of
Appeals that the cross atop
Mount Soledad is
unconstitutional...
Previously situated on city
property, the 29-foot cross now
resides on federally-owned
land, since the government
seized the lot by eminent
domain in 2006. Judge M.
Margaret McKeown, who wrote
the 50-page ruling by the three-
judge panel, stated, “the
memorial, presently configured
and as a whole, primarily
conveys a message of
government endorsement of
religion that violates the
establishment clause.”
The decision reversed the one
made in 2008 by U.S. District
Judge Larry Burns, who wrote in
his ruling that the cross was not
a predominantly religious
symbol, but rather one that
“communicates the primarily
non-religious messages of
military service, death and
sacrifice.”
That ruling, according to
attorney Jim McElroy, who
has been involved in the
case since the cross was
first challenged by atheist
and Vietnam War vet Philip
Paulson in 1989, “flies in the
face of common sense.”...
Important in this court’s
decision, said McElroy, was the
fact that, for the first time since
the issue was brought into the
legal arena, the ruling took into
consideration the community’s
past, including the “well-
documented history” of anti-
Semitism prior to 1970.
McKeown cited this history as
important for considering what
the cross might represent to
non-Christian observers.
“An informed observer is far
more likely to see the memorial
as sending a message of
exclusion against this backdrop
than if it had been erected in a
city without this pointed history,”
she wrote...
James McElroy
James McElroy is a longtime
civil rights lawyer in private
practice in San Diego. He
began his association with
the Southern Poverty Law
Center in the early 1990s,
when he volunteered to lead
the SPLC's legal efforts to
collect the $12.5 million
verdict rendered against
white supremacist Tom
Metzger for his role in the
murder of Ethiopian student
Mulugeta Seraw. McElroy has
spent more than 25 years
taking on civil rights cases in
San Diego. He served as
chairman of the SPLC Board
of Directors from 2003 to
2009.
James McElroy is a longtime
civil rights lawyer in private
practice in San Diego. He
began his association with
the Southern Poverty Law
Center in the early 1990s,
when he volunteered to lead
the SPLC's legal efforts to
collect the $12.5 million
verdict rendered against
white supremacist Tom
Metzger for his role in the
murder of Ethiopian student
Mulugeta Seraw. McElroy has
spent more than 25 years
taking on civil rights cases in
San Diego. He served as
chairman of the SPLC Board
of Directors from 2003 to
2009.
ACLU OF SAN
DIEGO & IMPERIAL
COUNTIES BOARD
OF DIRECTORS
Term starting in
2011
In April 2011, ACLU site
incorrectly says this is the
2010-2011 board)
Mark Adams
Nasser Barghouti
Elizabeth Camarena
Candace Carroll
Jeff Chinn
Paula Doss
Michele Fahley
Ruben Garcia
Kevin "KJ" Greene
David Higgins, Board
President
Jonathan Lin
Dwight Lomayesva
Jim McElroy
Mark Niblack
Susan Pollock
Greg Rose
Hon. James Stiven
Joanna Tan
Stephen Whitburn
Paul Wong
Andy Zlotnik
DIEGO & IMPERIAL
COUNTIES BOARD
OF DIRECTORS
Term starting in
2011
In April 2011, ACLU site
incorrectly says this is the
2010-2011 board)
Mark Adams
Nasser Barghouti
Elizabeth Camarena
Candace Carroll
Jeff Chinn
Paula Doss
Michele Fahley
Ruben Garcia
Kevin "KJ" Greene
David Higgins, Board
President
Jonathan Lin
Dwight Lomayesva
Jim McElroy
Mark Niblack
Susan Pollock
Greg Rose
Hon. James Stiven
Joanna Tan
Stephen Whitburn
Paul Wong
Andy Zlotnik
2010-2011 board
ACLU OF SAN
DIEGO & IMPERIAL
COUNTIES
BOARD OF
DIRECTORS
2008 - 2009 Term
Board of Directors
William Aceves
Charles Bird
Pat Boyce
Linda Cory Allen
Candace Carroll
Mary Cruz
Deborah Fritsch, Board
President
Ruben Garcia
Wade Harb
David Higgins
Mark Niblack
Susan Pollock
Carol Rogers
Yvonne Sanchez
Len Simon
Hon. James Stiven
Lilia Velasquez
Lei-Chala Wilson
Board President, Deborah
Fritsch
Lifelong civil libertarian.
Accounting and finance
expert. Board member of
Planned Parenthood of
San Diego & Riverside
Counties.
Deborah Fritsch is a first
generation American-born
citizen whose parents
valued civil liberties and
were active in NAACP and
CORE. She received the
first minor in Women's
Studies from UMass
Boston and an MBA from
the first woman-only
business school. Fritsch
has held executive
positions in accounting,
finance, and
administration in several
high-tech companies. She
served on the board, as
treasurer, and on the
executive committee of
Planned Parenthood of
San Diego and Riverside
Counties. Fritsch was
elected president of the
affiliate board in 2008.
You can contact the Board
President or any board
members by sending a
letter to:
ACLU of San Diego &
Imperial Counties
P.O. Box 87131
San Diego, CA
92138-7131
DIEGO & IMPERIAL
COUNTIES
BOARD OF
DIRECTORS
2008 - 2009 Term
Board of Directors
William Aceves
Charles Bird
Pat Boyce
Linda Cory Allen
Candace Carroll
Mary Cruz
Deborah Fritsch, Board
President
Ruben Garcia
Wade Harb
David Higgins
Mark Niblack
Susan Pollock
Carol Rogers
Yvonne Sanchez
Len Simon
Hon. James Stiven
Lilia Velasquez
Lei-Chala Wilson
Board President, Deborah
Fritsch
Lifelong civil libertarian.
Accounting and finance
expert. Board member of
Planned Parenthood of
San Diego & Riverside
Counties.
Deborah Fritsch is a first
generation American-born
citizen whose parents
valued civil liberties and
were active in NAACP and
CORE. She received the
first minor in Women's
Studies from UMass
Boston and an MBA from
the first woman-only
business school. Fritsch
has held executive
positions in accounting,
finance, and
administration in several
high-tech companies. She
served on the board, as
treasurer, and on the
executive committee of
Planned Parenthood of
San Diego and Riverside
Counties. Fritsch was
elected president of the
affiliate board in 2008.
You can contact the Board
President or any board
members by sending a
letter to:
ACLU of San Diego &
Imperial Counties
P.O. Box 87131
San Diego, CA
92138-7131
Candace Carroll
Paula Doss
Ruben Garcia
David Higgins, President
Greg Rose
Hon. James Stiven
Stephen Whitburn
Paula Doss
Ruben Garcia
David Higgins, President
Greg Rose
Hon. James Stiven
Stephen Whitburn
ACLU - American Civil Liberties Union
ACLU of San Diego
The ACLU-SDIC promotes and defends civil rights and civil liberties, including
freedom of speech, immigrants’ rights, equal protection, privacy, and due process,
through litigation and public education. Located in beautiful San Diego, the ACLU-
SDIC affiliate has sixteen staff members, eighteen board members, more than 8,500
members and an annual budget of $1.2 million.
The ACLU-SDIC promotes and defends civil rights and civil liberties, including
freedom of speech, immigrants’ rights, equal protection, privacy, and due process,
through litigation and public education. Located in beautiful San Diego, the ACLU-
SDIC affiliate has sixteen staff members, eighteen board members, more than 8,500
members and an annual budget of $1.2 million.
San Diego
Education Report
Education Report