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BECAUSE FREEDOM CAN’T PROTECT ITSELFNEWS AND EVENTS FROM THE ACLU OF WASHINGTON FALL 2007 | VOLUME 39, NO. 4

ELECTION ISSUE

Continued on page 8

The ACLU of Washington Board of Directors has selected the Wing Luke Museum and its Executive Director Ron Chew to receive the 2007 William O. Douglas Award, for showcasing the history of the Asian American struggle for civil rights. The Board also honored a group of voting rights advocates with the Civil Libertarian Award, and recog-nized Western Washington University graduate Alexandra Hudson as the 2007 Youth Activist.

The awards were presented at the ACLU’s Nov. 3 Bill of Rights Celebra-tion Dinner. Renowned journalist Helen Thomas was the featured speaker.

“Wing Luke has been a leader in tell-ing the story of Asian American efforts to achieve dignity and equality. With his innovative approach, Ron Chew has

involved numerous segments of the com-munity in the museum’s work,” said Jesse Wing, ACLU-WA Board president.

The William O. Douglas Award is given for outstanding, consistent and sustained contributions to civil liberties. Founded in 1965, the Wing Luke Museum consistently has included the struggle for civil rights as an essential feature of Asian American history and culture. Chew has been its executive director since 1991. Under his leadership, the museum has gained national recognition for its pioneer-ing community-based approach.

The son of Chinese immigrants, Chew grew up in the International District and studied journalism at the University of Washington. He became a community organizer and served for a decade as editor of the International Examiner, which often

highlighted social justice concerns. At the paper he became passionate about using oral history to advance efforts for equality and fairness. This led him to Wing Luke, where he built his vision for the museum as a hub to promote tolerance, advocate for social justice and help improve the quality of life of community residents.

Museum exhibits have portrayed challenges to upholding civil liberties during times of national turmoil. “Execu-tive Order 9066” documented abuses of rights during the internment of Japanese Americans during World War II. A recent exhibit explored the history, religion, and culture of the region’s Sikhs and their plight since 9/11. The museum’s New Dialogue Initiative promotes discussion of vitally important current issues.

The Civil Libertarian Award is given for recent outstanding contributions to the ACLU-WA or to civil liberties in Washington state. Honorees Mina Ba-rahimi, Bess McKinney, Julia McLean, María Elena Ramírez, Marcia Skok, Robert Wilhite and LeeAnn Woodrum have been dedicated volunteers with the ACLU-WA Voting Rights Restoration Project. Working with patience and persistence, they have assisted numerous Washington state citizens navigate the complex, often bewildering process to regain their right to vote.

They have devoted tens of thousands of hours to researching case histories, com-piling court documents and organizing requests to prosecutors and court officials. On Oct. 12, the project marked a major milestone, helping its 100th person to regain the right to vote.

Their work has supported the ACLU’s efforts to reform the state’s system for

ACLU Joins Defense of Rules that Ensure Access to Medicines

Wing Luke Museum Director Ron Chew, recipient of the William O. Douglas Award.

Photographers WrongfullyArrested

Since when is it a crime to take photos in public places? The ACLU is seeking justice for two photographers who were unlawfully arrested for doing just that. Bogdan Mohora was arrested for taking pictures of an arrest in Seattle, and Shirley Scheier was detained for photographing power lines near Snohomish.

“Taking photographs of objects or people in plain view is not illegal. Police have no business detaining or arresting a photographer without reasonable suspi-cion that he or she is committing a crime,” said Venkat Balasubramani, an ACLU cooperating attorney who is representing Scheier.

Mohora, an amateur photographer, was walking on Pike Street near Second Avenue in downtown Seattle in November 2006, when he encountered two police officers arresting a suspect. Spotting an interesting situation, Mohora took several pictures without speaking to or interfering with the officers.

A friend of the person being arrested approached Mohora about getting copies of the photos. That’s when one of the of-ficers told Mohora to hand over the camera. When Mohora asked for an explanation, the second officer said to “cuff him and bring him with us.”

Mohora indeed was handcuffed and taken to the Seattle Police West Precinct. Police held him for nearly an hour, before releasing him with a warning that he would be charged later for “disturbing the peace,” “provoking a riot,” or “endangering an officer.” Mohora was never charged, and the police did not keep accurate records of his arrest.

“Being arrested simply for being a witness to police activity was frightening and humiliating,” Mohora wrote in his

Seven concerned citizens are joining a lawsuit to defend new state pharmacy board rules designed to guarantee access to medications. Representing them are the ACLU of Washington, the Northwest Women’s Law Center, Planned Parenthood of Western Washington and the law firm Heller Ehrman.

U.S. District Court Judge Ronald B. Leighton granted the request in Septem-ber to include these citizens in the state’s defense against a lawsuit by two individual pharmacists and a pharmacy owner in Olympia. The plaintiffs want the state to suspend the new pharmacy rules.

The rules, adopted by the Washington Board of Pharmacy after a lengthy public process, require pharmacies to provide patients access to their lawful medications and that patients not be turned down based on individual pharmacists’ feelings or moral objections.

“We believe the Pharmacy Board struck the appropriate balance between patients’ rights of access to medication and pharma-cists’ individual rights,” said Sarah Dunne, ACLU-WA legal director.

Under the new rules, if a pharmacist objects to a patient prescription on per-

Continued on page 8Continued on page 2

Pictured, from left to right, are defendant/intervenors Emily Schmidt, Dr. Jeff Schouten, Molly Harmon, Rhiannon Andreini and Catherine Rosman.

Wing Luke Museum, Ron Chew Receive ACLU-WA Top AwardVoting rights advocates, WWU student activist also honored

Page 2 Volume 39, no. 4Civil Liberties

Jesse WingPresident

Kathleen TaylorExecutive Director

Roberto SánchezEditor

Matt YoungmarkDesign/Layout

Nancy BristowEve EnslowJudy FleissnerMary GallweyChris GamacheMoloy GoodRebecca GuerraCarol GuthrieChristian HalliburtonBrooks Holland

Civil Liberties Published four times a year at 705 2nd Avenue, 3rd Fl., Seattle, WA 98104-1799. Phone 206.624.2184. Membership is $35 and up. Civil Liberties is a benefit of membership. Incorrectly addressed mail and address corrections should be sent to the above address. Every signed article in Civil Liberties is the opinion of the writer and not necessarily ACLU policy.

Suzanne HollandCindy JordanMike KiplingDoug KlunderDaniel LarnerDan LasterPaul LawrenceB. Stephen LeeGeoff MillerRobert Plumb

Amit RanadeRoseMary ReedJean RobinsonTrilby Robinson-DornMatt SegalAshish WahiJesse Wing

Board of Directors

Nov. 7 Pierce County Chapter Meeting (Tacoma)

Nov. 7 Danger: Books! by Book-It Repertory Theatre (Bellingham)

Nov. 9 Amrit Singh at Town Hall Seattle

Nov. 14 Legislative Preview (Olympia)

Nov. 12 Kitsap County Chapter Meeting (Bainbridge Island)

Nov. 17 Silja Talvi reading (Seattle)

Nov. 21 Grays Harbor County Chapter Meeting (Aberdeen)

Dec. 5 Pierce County Chapter Meeting (Tacoma)

Dec. 12 Dissent film screening and discussion (Olympia)

Jan. 2 Advocacy Workshop (Tacoma)

Jan. 9 Thurston County Chapter Meeting (Olympia)

Jan. 16 Grays Harbor County Chapter Meeting (Aberdeen)

Jan. 21 Lobby Day (Olympia)

For information about times and places of events, contact the ACLU office.

Don’t Wait for ’08 to Restore the Constitution

Events Calendar

The sixth anniversary of the PATRIOT Act passed in late October, with no cheers from these quarters. Much of the public now regards this misnamed law with dis-dain, seeing it as an emblem for a whole array of sins against the Constitution committed in the name of national security.

The farther we get from 9/11, the more people are willing to cast a skeptical eye toward the government’s over-reaching and to question the administration’s “fog of fear and disinforma-tion,” as the New York Times has described the justifications for ero-sions of freedom. Yet our Congress is not stepping up to demand account-ability and respect for the rule of law by our own government.

Before their summer break, lawmakers passed a hasty rewrite of the laws governing domestic spying. Once again playing the “fear” card, the White House convinced Congress to legalize the warrantless monitoring of e-mails and phone calls between Americans and people abroad. The deceptively packaged “Protect America Act” essentially ratified the National Se-curity Agency’s surveillance of innocent Americans, without meaningful oversight and contrary to the Foreign Intelligence Surveillance Act (FISA).

The measure is set to expire in February, and efforts are afoot in Congress to recon-sider its mistake. The ACLU is insisting that any changes to FISA must include a requirement to obtain individual warrants for American subjects of surveillance, not the currently proposed “blanket warrants” that would allow general searches. Any spy-ing program must have regular oversight from a neutral court.

The Bush administration is resisting furiously, and a flurry of proposals, counter-proposals and amendments have emerged. Some would do even further damage, such as giving retroactive immunity – a “get-out-of-jail-free card” – to telecommunications companies that collaborated with the NSA’s data-mining program.

In Washington state, the ACLU contin-ues to urge the Utilities and Transportation Commission (UTC) to examine the actions

of the telecoms. Thanks to statements by the Director of National Intelligence, we now have official confirmation that the phone companies were complicit in the NSA’s illegal mining of the records of customers, without their knowledge or

consent. We recently sent letters to the UTC and our congressional delegation, pressing for an investigation.

Unders tandably, many people are frus-trated and are investing their hopes in the ’08 election. But restoring the Constitution can-not be put off till next year’s election. We have seen abuses of power continue regardless of who controls Congress. History teaches clearly that political backbone is not a partisan pos-session.

Lawmakers should look to the rulings of some courageous judges, who recognize that the Bill of Rights is meant to apply during times of trouble. In September, a federal court in Oregon struck down two sections of the PATRIOT Act that empower government to conduct surveillance and searches of Americans without probable cause.

In an ACLU case in New York, another federal judge ruled against the National Security Letter (NSL) provisions of the PATRIOT Act. NSLs are administrative subpoenas secretly issued by the FBI to gain access to private records without a warrant, while forcing recipients to stay quiet about it. The judge found the gag power and its lack of court review unconstitutional.

The ACLU has launched a “Don’t Wait for ’08” campaign to turn up the heat on Congress to restore the lost liberties of the past six years. We’ve already run hard-hitting ads in the hometown newspapers of Nancy Pelosi and Harry Reid, demanding they stop acting like the president’s sheep by following him blindly. Visit the ACLU Web site for the latest news on our efforts – and how you can help.

We must not be governed by our fears. The government cannot assume unfettered powers simply by invoking the word “ter-rorism” or the specter of those who threaten us. America is a nation of laws, and our government cannot be above the law. n

Kathleen Taylor Executive Director

Speaking Freely

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Today we are faced with unprecedented challenges to core American values. From our headquarters in New York and Washington, D.C. to staffed offices in every state, the ACLU is at work to demand that government live up to our cherished principles of freedom, fairness and equality.

Thanks to the continuing commitment of our members, the ACLU of Washington is one of the largest and most active affiliates in the nation. Our current and future successes are a direct result of financial contributions from supporters like you. To make a tax-deductible gift to the ACLU of Washington Foundation, please send in the form below or contact Leah Lee at 206.624.2184, ext. 262 or llee@aclu-wa.org. Thank you for helping to make our voice heard and our actions strong!

claim against the officers. “It bothers me to think that police can abuse their authority by arresting innocent witnesses, and then not even make the standard police reports to document what happened.”

A police investigation later determined that the officers behaved inappropriately. ACLU Staff Attorney Aaron Caplan is in negotiations with the city over compensa-tion for Mohora’s treatment.

Shirley Scheier is an artist and University of Washington professor who often uses photos of public infrastructure in her artistic prints. In October 2005, she took pictures of the power towers at a Snohomish substation, all from outside the facility’s gate.

As she drove home on State Highway 9, Snohomish police pulled her over. More officers arrived soon and began to question her about her pictures, which she couldn’t

show because they were in undeveloped film. The officers also notified the FBI.

Scheier was then roughly frisked, handcuffed, and placed in the back of a police car for almost half an hour. She was eventually released, after officers pho-tographed maps that Scheier used to find the power station.

The ACLU is seeking compensation from the city, a written apology and as-surances that she will not be detained for taking pictures in public places.

Many other photographers have re-ported being harassed by law enforcement since 9/11, as a result of misplaced fears of terrorism. In 2004, the ACLU-WA assisted student photographer Ian Spiers who was questioned by law enforcement for taking pictures at the Ballard Locks, a popular tourist destination. It also assisted a photographer in 2005, when King County Sheriff’s deputies seized the memory card in his camera for taking pictures of artwork in the Seattle bus tunnel. n

PhotographersContinued from page 1

Volume 39, no. 4 Page 3Because Freedom Can’t Protect Itself

Death with Dignity Group Seeks Volunteers for Initiative

Planning for FreedomRosedale couple donates estate to the ACLU

The Washington Supreme Court has overturned a law that regulated candidates’ right to free speech during election cam-paigns. In the case, the ACLU represented a candidate who was fined by the state for statements she made about her opponent’s voting record.

“The notion that the government, rather than the people, may be the final arbiter of truth in political debate is fun-damentally at odds with the First Amend-ment,” wrote Justice Jim Johnson in the lead opinion for the court.

“In our democracy, candidates are free to make very strong statements criticizing their opponents or the government. The court recognized that government itself

should not be in the business of vetting the truth and falsity of their political speech,” said Kathleen Taylor, executive director of the ACLU of Washington.

The ACLU represented Marilou Rickert in her challenge of a fine imposed after the 2002 election for the Legislature. Rickert was a candidate for the Green Party who issued a flyer comparing her voting record and positions with those of incumbent Democrat Tim Sheldon of the 35th Legislative District. Sheldon won re-election with 79 percent of the vote. After the election, Sheldon filed a formal complaint with the Public Disclosure Commission (PDC) claiming that Rickert lied about him in the flyer. The commission

fined Rickert $1,000 for violating the state’s law regulating political advertising.

The court found that the law is too broad because it interferes with consti-tutionally protected speech and does not accomplish the state’s interest in promot-ing integrity and honesty in the elections process. The court was also concerned that liability for speech was determined by political appointees rather than a jury. The ruling upheld a 2005 appeals court decision invalidating the law.

“The best remedy for false or unpleas-ant speech is more speech, not less speech.

The importance of this constitutional principle is illustrated by the very real threats to liberty posed by allowing an unelected government censor like the PDC to act as an arbiter of truth,” wrote Justice Johnson.

In 1998 the Washington Supreme Court overturned an earlier version of the law. In that case, the government tried to penalize the 119 Vote No! Committee for statements against a Death with Dignity initiative that failed to pass.

Cooperating attorney Venkat Balasubra-mani handled the case for the ACLU. n

Court Says Govt. Can’t Police Candidate Speech

For more than 30 years, Joel Poinsett and Charles Walker have focused their lives on the past, collecting, appraising and sell-ing valuable antiques. But for the future, their focus has shifted to civil liberties.

“When you are young, you tend to think of yourself and of your needs. You are your world,” said Joel. “Now I’m more concerned about what happens to people in the next generation, and what could influence them afterwards.”

When they recently sat down to draft their wills, they decided to “do what we can to tip the balance,” Joel said. They bequeathed their entire estate to the ACLU.

Charles and Joel have not previously been involved in the ACLU or in political activism. But as a committed couple for 30 years, they were horrified by the grow-ing, organized mobilization by religious fundamentalists against same-sex couples, and by the loss of individual freedoms and of constitutional guarantees since the start of the “war on terror.”

“I can’t say enough that this was a reac-tion about what has happened in the past six years,” Joel said. “This is dangerous.”

These are strong words from a quiet couple that describe themselves as “very private,” whose lives have revolved around fine antiques for more than three decades. As the owners of Walker-Poinsett Antiques and Fine Arts since 1979, they have built a reputation as excellent appraisers and sell-ers of 18th- and 19th -century furnishings and fine art.

Natives of the south Puget Sound area, Charles and Joel attended the University of Puget Sound, but met many years later

when Charles started selling consignment pieces in the Gig Harbor store where Joel sold antiques. They went into business together, one thing led to another, and the couple ended up sharing a home and a life for 30 years now.

They have not gone far from their roots, living on a two-and-a half-acre lot in Rosedale near Gig Harbor, with their two Maine Coon cats. When not work-ing at the shop or traveling the country for conferences or new purchases, they like to hike the trails at Mount Rainier and landscape their Japanese-style garden at home. They also have a fondness for Italy, spending time in Tuscany and other northern regions.

Kathleen Taylor, executive director

of the ACLU of Washington, met with Charles and Joel upon their finalizing the details of their gift. “We are so fortunate to have friends with the vision to make gifts that ensure the ACLU can continue its important work for years to come,” Taylor said.

In making their commitment to the ACLU, Charles and Joel triggered a matching gift from the Robert W. Wilson Charitable Trust. The trust makes an im-mediate match of up to $10,000 for each legacy gift to the ACLU.

When asked for advice to ACLU do-nors, Charles said they should see their donation as an investment in the future of civil liberties. “It’s a gift for the next generation,” he said. n

Joel Poinsett and Charles Walker at their antiques store in downtown Seattle.

T H E L E G A C YCHALLENGE

Your Gift for the Future will

Defend Freedom

Today.What is the Legacy Challenge? If you name the ACLU-WA Foundation to receive a bequest through your will or living trust, a generous donor, the Robert W. Wilson Charitable Trust, will make a cash donation today equal to 10 percent of your future gift’s value, up to a maximum match of $10,000.

How does it work? 1. Complete your bequest

provision for the ACLU-WA Foundation in your will or trust.

2. Tell us about it. 3. A cash donation up to

$10,000 (equal to 10 percent of your future gift’s value) will be made in your name.

I want to make a legacy gift but I don’t know where to start.

Call or e-mail our Planned Giving Director, Rich Thorvilson, at 206.624.2184 or rthorvilson@aclu-wa.org.

It’s My Decision, a Washington group that advocates the right of termi-nally ill patients to end their lives with dignity, is pursuing a ballot initiative to give these patients access to life-ending medicines.

The group is a coalition of concerned citizens, physicians, nurses, hospice pa-tients and family members who want to give terminally ill patients more control over the last stages of their lives. The ACLU is supporting their effort to place an initiative on the fall 2008 ballot.

The initiative would give mentally competent, terminally ill adults with six

months or less to live legal access to life-ending medicines. Physicians will not administer these medicines, but will be allowed to prescribe them and to counsel patients who seek them. Patients may revoke their decision at any time and in any manner.

The measure is modeled after Oregon’s Death with Dignity Act, which was ap-proved by voters in 1994. The U.S. Su-preme Court upheld the law in 2006.

It’s My Decision is seeking volunteers to help in the campaign to place the initiative on the ballot. For more information, visit http://action.aclu-wa.org. n

January 19-April 20, 2008

Museum of History and Industry2700 24th Ave. E., Seattle

An exhibition, lectures and series of special

programs looking at secession, slavery and

suspension of civil liberties during Abraham

Lincoln’s tumultuous term in office.

Co-sponsored by the ACLU of Washington

Page 4 Volume 39, no. 4Civil Liberties

Dan Larner - Church and State to the Political Letter Writing Support Group in Bellingham.

Amit Ranade - The ACLU at the opening night of the Indepen-dent South Asian Film Festival in Seattle.

Dan Laster - The PATRIOT Act at the University District Senior Center in Seattle.

Suzanne Holland - Censorship on a panel at the University of Washington-Tacoma.

Jeff Davis and Robert Flen-naugh - Introductions to screen-ings of The Trials of Darryl Hunt at the Northwest Film Forum in Seattle.

Bud Wurtz - Current ACLU Issues to the Juan de Fuca Freethinkers in Port Angeles, and the Bill of Rights to a class at Tiffany Park Elementary School in Renton.

Bob Hedrick - Student Rights to a Heritage University class in Seattle, and to a College Place Middle School class in Lynnwood.

Susan Helf - The Bill of Rights to a class at Shoreline High School.

Pat Gallagher - Civil Liberties to the Seniors Club of the Jewish Community Center on Mercer Island, and Civil Lib-erties since 9/11 to the Phinney Neigh-bors for Peace in Seattle, to a class at South Whidbey High School, and to the 32nd District Democrats in Seattle.

Jaime Bollenbach - Civil Liberties to a Business class at the University of Washington, and on the Call4Investiga-tion cable TV show in Seattle.

Chris Gamache and Judy Fleissner - Current ACLU Issues to two forums at the University Unitarian Church in Seattle.

Doug Klunder - Privacy on the “Moral Politics” cable TV show in Seattle.

Beth Andrus - Civil Liberties and National Security to the Kirkland Kiwanis Club.

Mark Fordham - The War on Drugs at Nova High School in Seattle.

Deborra Garrett - Reproductive Free-dom to the ACLU-WA Club at Western Washington University.

Judy Bendich - Church and State to the Seattle Atheists.

Michael Schein - Free Speech in War-time to a forum at Central Washington University in Ellensburg.

Maria Elena Ramirez and Bess McK-inney - Voting Rights Restoration to an Evergreen State College class in Tacoma.

Sal Mungia - The Military Commis-sions Act to the ACLU-WA Thurston County Chapter.

Nancy Bristow - The Bill of Rights to residents of Wesley Gardens in Des Moines.

Brett Rubio - School Desegregation to a forum at Western Washington University.

A federal court in Yakima has thrown out a subpoena that demanded the medi-cal information of 17 medical marijuana patients, citing the need to protect their privacy.

Robert Whaley, chief judge of the U.S. District Court for Eastern Washington, rejected an effort by the federal government to obtain copies of medical files kept by The Hemp and Cannabis Foundation Medi-cal Clinic (THCF). The clinic maintains offices in 11 states, assisting patients who seek medical marijuana.

“Allowing the federal government to go after patients’ records would deter people from exercising their rights. Patients would be afraid to seek medical marijuana, and physicians would hesitate to recommend it,” said Alison Holcomb, director of the ACLU-WA Marijuana Education Protect, who represented the clinic with attorneys from the national ACLU Drug Law Re-form Project.

In May, a federal grand jury issued subpoenas to the state of Oregon’s medi-cal marijuana program and to the THCF,

demanding applications for registration, doctor recommendations and other docu-ments for 17 medical marijuana patients. The subpoenas were tied to a federal inves-tigation of an alleged marijuana distributor. The government said it needed the records to estimate the quantities of marijuana distributed by the suspect.

The ACLU said that the government’s request was too broad. Releasing the records would threaten sensitive information about the patients’ conditions, and would vio-late the confidentiality privilege between patients and doctors. The state of Oregon also said that its own laws required it to protect the privacy of patients registered in the state’s medical marijuana program. Both parties said the records would be ir-relevant to the investigation anyway, since they did not include specific amounts of cannabis distributed to patients.

In his September ruling, Judge Whaley agreed that the government’s subpoena was excessive, and that the need to protect the privacy of patients outweighed the govern-ment’s need to access the records. n

Medical Marijuana Records Are Private, Court Rules

Hear Amrit Singh speak on:

Administration of TortureFriday, November 9, 7:30 p.m.Town Hall Seattle1119 Eighth Ave. (at Seneca Street)

National ACLU Staff Attorney Amrit Singh

talks about her new book Administration of

Torture: A Documentary Record from Wash-

ington to Abu Ghraib and Beyond, an explosive

account of our government’s support of

torture in its war against terrorism.

Tickets: $5 payable at the door

Co-sponsored by the ACLU of Washington, Town Hall Center for Civic Life series and Elliott Bay Book Company

The Kent School District acted cor-rectly when it denied official sponsorship to a student religious club that discrimi-nated against students of different faiths, according to a federal court.

On Aug. 24, the U.S. Court of Ap-peals for the Ninth Circuit ruled against a student Bible club called “Truth,” which sought an exemption from Kentridge High School’s nondiscrimination rule. The club limits formal membership to Christians, even if students of other reli-gions wish to participate in Bible study and other club activities.

The ACLU filed an amicus brief in the case, supporting the district’s position that it can withhold official sponsorship and funding to student clubs that discriminate on the basis of religion.

“A public school is a crucial place to teach young people about equality, non-discrimination, and freedom of religion. Students must be treated equally without regard to their religious beliefs, and the school’s own policies should be a model for that treatment,” said Jane Whicher, the ACLU-WA cooperating attorney who wrote the brief.

The case involved a student-run bible club at Kentridge High School that met on campus with the approval of the adminis-

tration. The club further applied to receive funding and official sponsorship from the school’s student government. But the club would accept members only if they were Christian, as defined by the club.

The Kent School District denied the club’s request, since the club’s membership rules violated district policies banning religious discrimination in student activi-ties. The club members sued, claiming that the school’s nondiscrimination policies violated their First Amendment rights.

The Court of Appeals found that the Truth Bible club, by forcing students to take a religious test to become voting members, discriminated against stu-dents of other religions. Agreeing with the ACLU brief, the court ruled that Kentridge High School did not violate the federal Equal Access Act or the First Amendment when it refused to give school sponsorship and student government af-filiation to Truth.

“On their face, the District’s non-discriminatory policies do not preclude or discriminate against religious speech,” said the court. “Indeed, there are two other Bible clubs at Kentridge that have received ASB (Associated Student Body) recognition, and do not share Truth’s general membership restrictions.” n

Discrimination Policy Applies to Bible Club

Civil Libertarians in ActionOur thanks to these volunteers who spoke for the ACLU to school and community groups in recent months:

These ACLU Events and Outreach Team volunteers helped to spread the word about civil liberties at events in-cluding the Fremont Fair, Yakima Pride Fest and the National Day of Unity:

Tracy Connelly, Rosalind Ramberg, Keo Capestany, Percy Hilo, Katie Sheehy, Mike Saylor, Bob Plumb, David Tagliani, Ronda Cobb, Patty Bicknell, Khayah Brookes, Hillela Simpson, Dan Davidson, Justin Campbell, Kevin

Means, Susan Arthur, Remy Peritz, Carley Phelan, Geoff Cole, Vonda McIn-tyre, Mariya Rohde, Cassandra Boyd, Justin Baird, Siri Schwabe, LeAnne Laux-Bachand, Bradly Nakagawa, Alexis Wheeler, Mike Graham, Polly Nelson, My-Lan Dodd, Nels Peterson, Chris Quarles, Robin Dean, Andy Mayo, Brynn Foster-West, Kim Lesley, Marisa Morales, LeeAnn Woodrum, Catherine Hinchliff, Stephanie Smith

Volunteers

Visit the Student/Youth Rights section of our Web site (www.aclu-wa.org) for extensive information on the regulations that apply to military recruiters on school campuses. We have letters and forms that you can send to the Joint Advertising and Marketing Research & Studies database to keep your child’s name out of the prospect lists used by recruiters.

We also provide in-depth information about a wide range of student rights issues in our publication “Know Your Rights: A Guide for Public School Students in Washington,” also available in the Student/Youth Rights section of our Web site.

Is your child receiving unwanted information from military recruiters?

Holly Gwinn Graham delighted the crowd at ACLU Performance Night at King’s Books in Tacoma on Oct. 3.

Volume 39, no. 4 Page 5Because Freedom Can’t Protect Itself

CHAPTERS Clark County - The chapter staffed

information tables at the local LGBT Pride celebration and the Peace and Justice Fair. Steering committee members also attended a local forum on racism and hate crimes, sponsored by the NAACP, the League of United Latin American Citizens and Black Entrepreneurs of Clark County. Paul King, steering committee member, spoke at the Department of Health hearing on medical marijuana in Vancouver.

Grays Harbor County - The chapter tabled at the Grays Harbor County Fair. The chapter also co-sponsored an Oct. 19 speech by “M*A*S*H” actor/activist Mike Farrell, with the Grays Harbor Institute and the Grays Harbor College.

Pierce County - The chapter tabled at Ethnic Fest and Out in Tacoma this summer.

It produced a series of performances, discus-sions, movie screening and book readings to mark Banned Books Week. The chapter co-sponsored these events with King’s Books, Springtide Press, the UW-Tacoma Library, the UW-Tacoma ACLU-WA student club and Tempest Lounge.

San Juan County - A chapter booth attracted more than 700 people during the San Juan County Fair. A highlight was a civil liberties bean bag throw, a game that rewarded players with fortune cookies bear-ing civil liberties slogans. In September, the chapter hosted Rose Spidell, ACLU-WA education equity project staff attorney, as part of a panel on student rights and civil liberties that drew 70 people.

Thurston County - The chapter will be hosting a legislative briefing in November, featuring ACLU-WA Legisla-

tive Director Jennifer Shaw. Their October forum featured the ACLU-WA’s Christina Drummond discussing privacy in an age of technology.

Whatcom County - The chapter co-sponsored a speech by Chris Finan, president of the American Booksellers Foundation for Free Expression, with assistance from Village Books, the Bell-ingham Public Library and the Whatcom County Library. The chapter also hosted a production of Danger: Books! by Book–It Repertory Theatre in October.

Yakima County - Chapter leader Bob Plumb hosted a forum on the rights and responsibilities associated with the state’s new domestic partnership law. He spoke out against anti-gang ordinances at city council meetings and the state gang task force, and he also spoke at a medical marijuana hearing held by the Department of Health.

STUDENT CLUBSUniversity of Washington-Tacoma

students hosted ACLU tables during Out in Tacoma, Ethnic Fest, and at the UW-T campus during orientation. In celebration of Banned Books Week, the club sponsored a screening of Good Night, and Good Luck and a public forum on book censorship.

The University of Washington law student club tabled at the school’s fair and co-hosted a dinner with the American Constitution Society. They will be hosting a booth at the Fall Festival that will focus on banned books. In October, Technology and Liberty Project Director Christina Drummond spoke to the group as part of the series “Social Justice Tuesdays.” The Seattle University Law School ACLU club co-sponsored a presentation on freedom of expression by publisher Larry Flynt with the American Constitution Society. n

ACLU-WA Chapters Bring Message of Freedom to the Grassroots

Melissa Wong and Suk-Lin Zhon from the Garfield High School ACLU club at the ACLU Activist Conference in October.

Get InvolvedTo get involved in the ACLU-WA’s grassroots work, contact Field Director Genevieve Aguilar at aguilar@aclu-wa.org or your local chapter.

Clark County ChapterCraig Deweygeowrite@comcast.net

Grays Harbor ChapterGary Murrell360.533.8039

Jefferson County Chapterjefferson@local.aclu-wa.org

Kitsap County Chapter206.624.2184

Pierce County Chapterpierce@local.aclu-wa.org

Spokane ChapterDick Steelersteele@mail.ewu.edu

Thurston County Chapter360.252.6047

Yakima ChapterYalisha Casehuntcasefamily@earthlink.net

Whatcom County Chapterwhatcom@local.aclu-wa.org

The ACLU has convinced officials at Mount Vernon High School to open its formerly all-female cheerleading squad to all students, regardless of gender. The new policy will allow a male transgender student to try out, after first being denied a full opportunity to participate.

“We are pleased that Mount Vernon High School will treat students of all gen-ders fairly, whether it deals with a school chess club, a sports team, or in this case, a cheerleading squad,” said ACLU Legal Director Sarah Dunne, who worked with the district to change its policies.

In April 2007, freshman Jai Johnson-Baker sought to try out for the Mount Vernon cheerleading squad. Johnson-Baker, who is a male transgender student, was at first denied the chance, because school officials said that the cheerleading squad was a girls-only activity. He was eventually allowed to try out at the last minute, but told that if he was accepted, his participation would depend on rules about transgender students being consid-ered by the Washington Interscholastic Activities Association. Johnson-Baker did not make the squad.

Mount Vernon school officials maintained that they could restrict the cheerleading squad to females in order

to comply with federal and state anti-discrimination laws for schools sports. But in a letter to the school, the ACLU explained that Mount Vernon’s cheerlead-ing squad is not classified as a competitive team, and it would be discriminatory to exclude males.

“Stated simply, the cheerleading squad constitutes another school-sponsored activity and accordingly should be open to all students regardless of their sex,” Dunne wrote in the ACLU letter to school officials. n

High School Opens Cheerleading Squad to All

The ACLU annually sends speak-ers to dozens of forums, commu-nity meetings, and high school and college classes around the state. If it’s an ACLU issue, we’ll find you the speaker.

To set up a speaking engagement for your organization or school, call the ACLU at 206.624.2184, or fill out a Speakers Bureau request form online at www.aclu-wa.org/resources.

Need a Speaker?

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SIGN UPfor the ACLU-WA E-mail Activist Network

Join at www.aclu-wa.orgClick on the “Take Action” button

You can make a difference in the

outcome of this year’s legislative

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civil liberties. Participate in ACLU

Lobby Day on Jan. 21, including a

workshop to provide you with the

knowledge and tools to become a

more effective activist.

For more information, contact field@aclu-wa.org or visit www.aclu-wa.org.

Monday, Jan. 21 (Martin Luther

King, Jr. Day)

10 a.m. - 4 p.m.

LobbyDay 2008

Page 6 Volume 39, no. 4Civil Liberties

Dear ACLU-WA Members,The Nominating Committee is pleased to present an

excellent group of candidates for the Board of Directors. The Nominating Committee sought individuals who, in addition to having a strong commitment to civil liberties and civil rights, have expertise and characteristics that match current needs of the Board. The Committee also works to ensure Board diversity with regard to gender, race, LGBT and ability. Each of our candidates has

expressed a commitment to active participation in the stewardship of the ACLU-WA through organizational, programmatic, and fund development efforts.

They will serve on the Board of Directors of the ACLU-WA to play a crucial role in ensuring the strength and direction of the foremost civil liberties organization in this state. They devote a tremendous amount of time and effort in order to set policies, review potential cases, oversee programs, and raise funds for our $3-plus mil-

lion dollar budget. Your vote is an endorsement of the candidates and a vote of confidence in the work of the ACLU of Washington over the past year. No candidates were nominated by petition.

These 10 Board positions comprise one third of the total Board; positions are three-year staggered terms.

Amit RanadeNominating Committee Chair

The ballot lists the 10 nominees for 10 positions on the Board of Directors. Please follow these instructions.

1. Two ballots are supplied — Voter A and Voter B — in case you have a joint membership, which you can determine by looking at the label on Page 1 of your newspaper. On the top line, if you see a “J” after the string of letters (“WAA,” “WAB,” etc.), then you have a joint membership. If

you see an “I” or an “O,” then you have an individual or organiza-tional membership and you may only use one ballot.

2. Only current ACLU members may vote. If you are a current member, the top line of your mailing label will have a date, and the date will be “Nov-07” or later. The word “VOTE” will also appear on your label. Otherwise your membership is no longer current or you are an ACLU-WA

Foundation supporter only.

3. Mark the space next to the name of each candidate for whom you wish to vote.

4. Clip the ballot and enclose it in the envelope provided. If you wish added privacy, first put your ballot inside a plain en-velope, then place it inside the vote envelope. If your envelope is missing, just address another envelope to: Attention: Tally

Committee, ACLU of Washington, 705 2nd Avenue, 3rd Fl. Seattle, WA 98104-1799.

5. Peel the mailing label from your copy of Civil Liberties and place it on the return address area of your envelope. Ballots cannot be counted without this mailing label.

6. Affix postage and mail the ballot so that it is postmarked no later than Nov. 30, 2007.

ACLU-WA Board Election Ballot: VOTE HERE

Mary GallweyMy civil liberties work has been continuous

from the 1960s, especially in free speech, equality, due process, and autonomy in reproductive and end-of-life decisions. In the ACLU I’ve served continuously since then on chapter, state, and/or national boards and committees: ACLU-WA Executive Committee, 1973-86; President, 1974-78. Advisor to Human Rights Commis-sion. Chair, Pullman Fair Housing Commission, spearheading an amendment outlawing sexual orientation discrimination. Designer and evalua-tor of migrant early education and adult job creation programs. National, state, and regional governmental committees for vocational rehabilitation, social and health services, education of disadvantaged children, teacher training, and law enforcement. Privacy nut! Investigated by FBI in McCarthy/Hoover repressions. I’ve inspected jails and prisons, taught and advised prisoners at Walla Walla. ACLU-WA William O. Douglas Award and Washington State University M.L. King, Jr. Award. Retired Professor and University Ombudsman, WSU. Ready for anything civil liberties needs done. We must never, ever, give up.

Judy FleissnerI have served on the Board for ACLU-Wash-

ington the since February 2006. As a police officer for the past nine years, I feel I bring an important perspective to the board and to the organization. While much of my time on the Board has been spent learning the ropes, I have served on the Awards Committee, volunteered at the national conference in Seattle, and participated as a public speaker with the ACLU’s speaker’s bureau. On a more personal level, the work the ACLU has done to promote equal rights for all persons has been important to both me and my family. Along with my partner, I was a plaintiff in the marriage equality suit filed by the ACLU-WA against the State of Washington. If re-elected to the Board, I remain committed to serving the organization and the important civil liberties interests it protects.

ACLU of Washington Board of Directors Candidates

Voter A

____ Judy Fleissner

____ Mary Gallwey

____ Chris Gamache

____ Brooks Holland

____ Suzanne Holland

____ Gail Husick

____ Cindy Jordan

____ Doug Klunder

____ Paul Lawrence

____ Geoff Miller

Board of DirectorsElection 2008

Voter B

____ Judy Fleissner

____ Mary Gallwey

____ Chris Gamache

____ Brooks Holland

____ Suzanne Holland

____ Gail Husick

____ Cindy Jordan

____ Doug Klunder

____ Paul Lawrence

____ Geoff Miller

Volume 39, no. 4 Page 7Because Freedom Can’t Protect Itself

Geoff MillerIt is my honor to submit my name as a can-

didate for the board of the ACLU-WA. I have been the general counsel for SEIU 1199NW for the last four years. Before that I had the privilege of working as a teaching fellow in constitutional law at New York University Law School. I have served on the ACLU-WA board since March. Since that time I have quickly gotten up to speed both on the matters before the board, and working on the annual capital campaign. I am particularly interested in both working to reclaim civil liberties that have been stripped away over the last several years, and protecting those rights still in existence. I strongly believe in and am committed to the mission of the ACLU-WA. In my service on the board I hope to help the organization continue to fight and continue to grow. Thank you for your support.

Doug KlunderI come from a technology background, and

have long believed that civil libertarians must have a loud voice as new technologies which threaten our freedoms are deployed. I choose to devote my efforts to the ACLU, the country’s most effective civil liberties organization. I volunteer as the ACLU-WA Privacy Project Director, participat-ing in litigation, legislative, and policy work on issues including surveillance, computer searches, and electronic public records. Beyond privacy, I’m also concerned by many other areas where civil liberties are threatened, especially since 9/11. I’m dedicated to ensuring the ACLU has a strong financial foundation to defend our liberties both now and in the future—I serve on both Budget and Development Committees (and have also been our affiliate’s National Board representative for the past two years). Staff work is at least as important as its oversight by the Board; I take an active role in both.

Gail HusickI strive for an America that fulfills the prom-

ise of liberty, now and for coming generations. I want my children to grow up in an America where freedom of speech ensures their ability to participate in vigorous public debate, where they have an expectation of privacy in their personal affairs and communications, where they can make important life choices in accordance with their own consciences and free of government intrusion, where separation of church and state is a reality, where the fundamental safeguards of habeas corpus and due process are honored and torture is unacceptable. I hold a degree from Harvard Law School, am a retired partner of a large Silicon Valley law firm, and currently serve on non-profit boards in the field of education. I am honored to be considered to serve on the Board of the ACLU-WA.

Cindy JordanI feel very privileged to have served on the state

board for the last twelve years, first as a chapter representative and later as an at-large member. I have a strong commitment to the Bill of Rights and to the ACLU. I am an attorney in private practice in Spokane, WA and I have deliberately focused my areas of practice to disadvantaged groups. I am an Associate Judge for the Coeur d’Alene Tribe and a Court of Appeals judge for the Nez Perce and Spokane Tribes. I also teach at the Spokane Community College for the para-legal program. I try to instill in my students a strong belief in the importance of public service through the legal system. I speak frequently at schools on the Bill of Rights for the ACLU.

Brooks HollandI am a professor at Gonzaga Law School

where I teach criminal law, criminal procedure, constitutional law and legal ethics. I am the fac-ulty advisor to the Gonzaga Law School Student ACLU Club, and also serve as faculty advisor to the school’s Multicultural Law Caucus.

I received my B.A. in political science at San Francisco State University, graduating cum laude in 1991. My J.D. was earned at Boston University School of Law where I graduated magna cum laude in 1994.

Prior to teaching, I worked in New York City as a public defender with the Legal Aid Society in Bronx County and later with New York County Defender Services in Manhattan. I continue to practice criminal law while teaching, rep-resenting indigent criminal defendants on appeal in the Ninth Circuit Court of Appeals. I also lecture on criminal defense practice and ethics for public defense agencies in Washington State and Idaho.

Chris GamacheI joined the Board in February 2006 and

feel very privileged to serve ACLU-WA. Since joining the Board, I have been active in annual fund campaigns, participated on a data privacy committee, and recently joined the organization’s Development Committee. I have also enjoyed serving as a public speaker for the ACLU-WA on a variety of issues including marriage equality, felon voting rights, Real ID, and civil liberties post 9-11. Prior to becoming a Board member, my partner and I were plaintiffs in the ACLU-WA’s marriage equality lawsuit and, during law school, I volunteered for the ACLU-WA as a legal intern. I hope to have the opportunity to continue contributing to the important work in defense of civil liberties done by ACLU-WA.

ACLU of Washington Board of Directors Candidates

Paul LawrenceDuring my 19 years on the ACLU-WA Board,

I have worked to enhance freedom of expression, promote tolerance, and insure that people of every race, gender, sexual orientation and economic status are treated with dignity. I had the privilege of serving seven terms as ACLU-WA President and served as the affiliate representative to the National ACLU Board. As an ACLU-WA coop-erating attorney, I have litigated in favor of same sex marriage, opposing government censorship of music and art, ensuring privacy of confidential records, and enhancing free speech rights. My hopes for the next three years: expand ACLU-WA’s public education programs to reach out to youth, fight against discriminatory government policies, and promote technology as a tool to enhance free expression and universal access to information. I would appreciate your support for reelection to the Board.

Suzanne HollandI’m a professor at University of Puget Sound

in Tacoma. I teach ethics and gender studies. I’ve spent most of my career teaching, writing and publishing about the very ideals that the ACLU exists to uphold: civil liberties, racial justice, abolition of the death penalty, gay-lesbian rights, Internet privacy issues, and the importance of respecting difference. The reason I teach ethics is because I want justice; it’s not something I do as an intellectual exercise. Rather, I see my work as advocacy by helping students learn the theoretical framework that equips them to make decisions on behalf of justice, respect for difference and equality. I would like to be able to use my skills and knowledge on behalf of an ACLU-oriented public policy in Washington state. I currently serve as an At-Large Member of the Executive Committee, and a member of the Development Committee.

Photounavailable

Page 8 Volume 39, no. 4Civil Liberties

restoring voting rights. Project volunteers have spoken at community events and engaged in outreach to educate the public. They have worked to ensure that an indi-vidual’s ability to vote, that most funda-mental right of a citizen in a democracy, is not conditioned on financial means.

Each year, the ACLU also recognizes a young person or group whose activism exemplifies work to defend and extend liberty and justice for all. This year’s recipient of the Youth Activist Award is Alexandra Hudson, former co-president of the ACLU-WA student club at Western Washington University.

Hudson helped to found the club in 2005. It flourished under her exceptional leadership, as she energetically worked to raise student awareness on issues such as the treatment of detainees at Guantánamo and the open access to information on the Internet.

She proved her mettle as an articulate advocate who devised creative approaches to challenges to civil liberties. When some students wanted to censor anti-choice voices on campus, she responded by rallying the club to organize a forum

on free speech. During her senior year at Western, Alexandra also served as coordi-nator for the school’s Drug Information Center, a resource that provides unbiased information about drugs and alcohol for students.

Alexandra Hudson’s dynamic enthusi-asm for civil liberties has provided inspira-tion for her fellow students, both within the club and out. She graduated from Western last year and currently is working for a nonprofit film association.

Our thanks to the Bill of Rights Awards Committee, chaired by Laura Buckland, with members Eve Enslow, Judy Fleissner, Christian Halliburton and

AwardsContinued from page 1

A new transit pass should not become a public window into the personal lives of people who ride the bus to work or school. The ACLU-WA has submitted recommendations to transit agencies urging them to better protect riders’ privacy as they prepare to launch the One Regional Card for All (ORCA) project in 2008.

The ORCA card will allow riders to seamlessly use many forms of public transportation, including light rail and ferries, in King, Kitsap, Pierce and Snohomish counties. However, the card and its data systems currently include features that could allow employers and other non-transit parties to track the movements of riders, and to use this private information for unintended purposes.

“It is fine for transit agencies to collect data about how many people are riding which buses. But the agencies should not keep or share information on the travel histories of individual riders,” said Christina Drummond, director of the ACLU-WA’s Technology and Liberty Project.

The ORCA system will record the date, time and route number every time a person uses its card ride a bus, train or ferry. Transit agencies are planning to retain this information, linking it to individuals’ identities, and sharing it with employers and agencies that

subsidize transit passes. As a result, the ORCA card would allow transit riders to be tracked as they get on or off public transit to go to work, church, shop, or participate in political rallies. This infor-mation also could end up being used in divorces, custody cases, and other legal proceedings.

Officials haven’t explained how that data would be protected. Further, ORCA cards use RFID (Radio Frequency ID) tags to store information about indi-vidual riders’ fare payments; the tags will transmit the information over short distances. While a person’s name won’t be on the card’s RFID, a unique personal identification number will be, as a well as a history of recent rides taken. Officials have yet to say how they will prevent the unauthorized tracking of cardholders by other parties with RFID readers.

The ACLU recommends that rid-ers’ information be available only to cardholders themselves and the transit agencies, unless they are served with a court order. Information should be retained for the shortest time possible. Agencies should also notify users when another party requests their information, and also inform the public about which information is collected and shared. Further, the ACLU is urging transit agencies to refrain from gathering the information on ORCA cards without a rider’s knowledge and consent. n

ORCA Transit Card Must Protect Riders’ Privacy

sonal, moral, or religious grounds, the pharmacy can accommodate the objecting pharmacist. But in all cases, the pharmacy must fill the prescription. The rules were implemented after reports that patients were being denied timely access to medi-cines such as emergency contraception.

Patients should not have to go from pharmacy to pharmacy to find one willing to provide them with needed medications. The burden on patients is particularly acute in parts of the state where the next-nearest pharmacy is many miles away.

The individuals joining the case are:• Judi Billings, former state superin-

tendent of public instruction, who is HIV-positive and has advocated for the rights of HIV and AIDS patients for 10 years.

• Rhiannon Andreini, a student at Western Washington University, who was refused access to emergency contraception by a pharmacy in Mukilteo. She sought emergency contraception after her regular birth control method failed.

• Dr. Jeff Schouten, a clinical assistant

professor of surgery at the University of Washington and a primary care provider at Harborview Hospital.

• Molly Harmon, a married small busi-ness operator in Seattle. She experienced harassment when she sought to fill a pre-scription for emergency contraception.

• Catherine Rosman, a married gradu-ate student living in Spokane, a member of the Methodist Church and a member of Spiritual Youth for Reproductive Freedom. She has heard of numerous pharmacists refusals.

• Emily Schmidt, a single graduate student from Wenatchee, who was refused Plan B by three different pharmacies in Wenatchee.

• Tami Garrard, a single woman from Seattle. “Sometimes regular birth control fails, so women should always have access to Plan B,” Garrard said.

Handling the case for the defendant/intervenors are Rima Alaily, Molly Terwil-liger and Matthew Carvalho of the firm Heller Ehrman LLP; ACLU attorneys Sarah Dunne and Aaron Caplan; and attorneys for the Northwest Women’s Law Center and Planned Parenthood of Western Washington. n

Pharmacy BoardContinued from page 1

Voting Rights Restoration Project volunteers Marcia Skok, Bess McKinney, Mina Barahimi, LeeAnn Woodrum and María Elena Ramírez, recipients of the Civil Libertarian Award.

The ACLU is challenging the exclusion of the only remaining African-American candidate from a jury that convicted two African-American defendants.

The ACLU filed the amicus brief with the Washington Supreme Court in the case of Phillip Hicks and Rashad Babbs, who were tried for a 2001 murder in Pierce County. The ACLU is asking the Supreme Court to overturn lower court rulings in the case because the requirements for evaluating potentially race-based juror exclusions were not followed.

“Courts are obligated to make sure that potential jurors are not excluded from serving on a jury based on their race or ethnicity,” said Nancy Talner, an ACLU staff attorney who helped write the brief. “This is a basic safeguard to ensure that race discrimination does not taint the jury selection process.”

The ACLU brief focuses on the misuse of a peremptory challenge during the jury

selection in Hicks’ and Babbs’ trial. Pe-remptory challenges allow the defense and prosecution to exclude potential jurors without an explanation. Each party has a limited set of these challenges, but the U.S. Supreme Court has ruled that they may not use them to deliberately keep members of a racial or ethnic group off a jury. When either the defense or prosecu-tion suspects this is happening, the court is obligated to look more closely at the challenge, to determine that prejudice is not playing a part.

During Hicks’ and Babbs’ trial, the prosecution used a peremptory challenge to keep an African-American woman - the last African-American candidate in the pool - from serving on the jury. The prosecution said it excluded the woman because she had a master’s degree in education, was a social worker, and had friends or relatives who had been arrested and served time. Without explaining its

reasoning, the trial court allowed the woman to be excluded from the jury. Non-African-American jurors who had similar educational or professional backgrounds, or had friends or relatives who had been convicted of crimes, were not challenged by the prosecutor.

The ACLU says that the trial court did not follow Washington’s Constitu-tion and established federal precedents that require courts to carefully review peremptory challenges that may have been based on race or ethnicity. This lack of review led to the improper exclusion of the African-American juror, putting the fairness of the criminal justice process in question.

“Requiring the prosecutor to articulate race-neutral reasons is little price to pay to ensure that the defendant’s inviolate right to a jury is maintained,” the brief states.

The brief was written by cooperating attorneys Kathryn Loring, Nicholas Gel-

lert and Julia Parsons Clarke of Perkins Coie, and by ACLU attorneys Sarah Dunne and Nancy Talner. n

ACLU Challenges Exclusion of African-American Juror

Photo by Matt Kenny

ACLU of Washington Annual Membership Conference

Saturday, February 23

University of Washington

Save the Date

Youth Activist Award recipient Alexandra Hudson.