NUMBER 8 • VOLUME 2 • SUMMER 2004

DE

CE

MB

ER

2003

SU

MM

ER

2004

1

The American Civil Liberties Union of Michigan

60 W. Hancock

Detroit, MI 48201-1343

(313) 578-6800

www.aclumich.org

2004 MICHIGAN

VOTER GUIDEENCLOSED

RAISE YOUR VOICE. VOTE!

Michigan Senate Districts

Michigan House Districts

Michigan CongressionalDistricts

IN THIS ISSUE:Do Civil Liberties Resolutions Make A Difference? (Page 2)Let’s Get To Work! (Page 3) From the President (page 3)LGBT Project Update (Page 4) Empowering Students (page 5)Youth Activist Scholarships (page 5)ACLU Settles Case on Behalf of Christian Valedictorian (page 6)School Reverses Student’s Suspension (page 6)LGBT Benefit with Nilo Cruz (page 6)

ACLU Challenges Mass Search Policy in Detroit Schools (page 7)Juvenile Life Without Parole Initiative (page 7)In Memoriam: Mildred McWilliams Jeffrey (page 7)From the Capitol (page 8)A “Game of KKK” (page 9)SLAPP Suit Thrown Out (page 9)At-Large Nominees for State Board of Directors (page 10)

Celebrating a Legacy of Giving (page 11)Announcements (page 12)

THE ACLU OF MICHIGAN is proud to offerour 2004 Primary Voters’ Guide whichyou can find inside this newsletter. Theguide is based on a 10-question surveyregarding important civil liberties issueswhich was sent to every candidate whofiled to run in the upcoming MichiganHouse of Representatives election. Wehope you find it helpful.

This year’s primary has over 400 can-didates vying for party nominations in219 races across 110 districts. The ACLUVoter Guide can serve as an importantresource when you consider that thirty-sixRepresentatives, about a third of sittinglegislators who have served since 1998,will lose their seats due to term limits. Asa result, many of the candidates have novoting records to offer indicators of theircivil liberties positions.

Term limits will affect 13 Democratsand 23 Republicans. This has a significanteffect on the primary pool: in districtswhere an incumbent has been retired byterm limits, the average party primary hasmore than twice as many candidates asparty primaries in districts where termlimits have no effect in 2004.

In districts that traditionally go to oneparticular party, the primary election forthe House of Representatives will be themost important election this year. Andthe participation of a small number ofactive and informed voters can have a sig-nificant impact. In 2002, six seats weredecided by less than 1,000 votes, and in29 districts the winner had less than 60%of the general election vote.

In 2002, only about 25% of registeredMichigan voters participated in the pri-mary election. Because there are no

statewide elections in August, turnout islikely to drop considerably. The 13,000members of the ACLU of Michigan canmake a major impact in the form the newlegislature will take. It is vital that wehave elected officials who will be activeleaders in the fight to protect freedom andour state’s rich constitutional heritage.

We believe that Americans share acommon belief in the importance of thefreedoms guaranteed by the Bill ofRights. Americans believe in civil liber-ties, due process, equal opportunity, andthe rights of all people. Our values are thevalues of America, and our members arethe best ambassadors of these values.

Let your candidates know how youfeel about civil liberties and consider vol-unteering with or contributing to a candi-date who will fight to protect theserights. As a non-partisan organization

with engaged, active members, the ACLUof Michigan can and will have an impacton this election.

Above all, don’t forget to vote onAugust 3 between 7 AM and 8 PM and besure to bring a friend with you to thepolls. If you are 60 years of age or olderor will be out of town on Election Day,you may request an absentee ballot fromyour city or township clerk.

DO YOU NEED TO KNOW...How you can register to vote?

Where your polling place is?

How to get an absentee ballot?

We found a great new website thatanswers these questions and more.Go to www.publius.org

StaffKary L. Moss..............................Executive DirectorLeslie White-Jones ..............Development DirectorMichael J. Steinberg ........................Legal DirectorWendy Wagenheim.........Communications DirectorNoel Saleh ........................................Staff Attorney

Safe and Free ProjectJay Kaplan........................................Staff Attorney

LGBT ProjectKara Jennings.....................................LGBT FellowShelli Weisberg .......................Legislative DirectorMary Bejian ....................................Field OrganizerBrenda Bove ............................................ParalegalCynthia Nicely......................................BookkeeperCarmetta Jones ...............Administrative Assistant

OfficersJim Rodbard ............................................PresidentJoseph S. Tuchinsky................................TreasurerHeather Bendure.....................................SecretaryMark Granzotto ............................General CounselJacquelin Washington......Executive VP ACLU Fund

Civil LibertiesNewsletter

Wendy Wagenheim, EditorPublished by the

American Civil Liberties Union / ACLU Fund of Michigan

60 W. HancockDetroit, Michigan 48201-1343

www.aclumich.org

SU

MM

ER

2004

CIVIL LIBERTIES RESOLUTIONS DO MAKE A DIFFERENCE

NOEL SALEH, SAFE AND FREE PROJECT STAFF ATTORNEY

Equally significant is that the U.S.Congress is raising opposing concerns.Legislation, such as the SAFE Act andthe Civil Liberties Restoration Act, hasbeen introduced to restrict the moreegregious provisions of the Patriot Actand related government policies. This isin direct response to the questionsraised by the ACLU’s “Safe and Free”campaign. Our branches and individualmembers need to redouble our efforts atthis critical period.

The USA-PATRIOT Act has been thetopic of many debates and discussions –both in and out of legal circles.Significantly, the general American pub-lic has identified the whole panorama ofsweeping “anti-terrorism”activities with this act. In thepublic eye, mass arrests andprolonged detentions, hold-ing American citizensincommunicado in militaryprisons (so-called “enemycombatants”) and even theGuantanamo Bay detentionshave been seen as part of theUSA-PATRIOT Act. Theconcern is so widespreadthat over 329 communitiesfrom 39 different states,including 4 state legisla-tures, have passed “CivilLiberties” resolutions ques-tioning the wisdom, if notthe legality, of the PatriotAct and related federal actions in the “waron terrorism.” It is this campaign that hasmade the Patriot Act an election issue.

While clearly there are “legal argu-ments” both for and against the variousprovisions within the USA-PATRIOTAct, I want to stress that the major func-tion of the “civil liberties resolution”campaign is to affirm the commitment toAmerican core values, as expressed in theBill of Rights. As noted recently bySupreme Court Justice Ruth BaderGinsburg when asked if our rights as U.S.citizens were in danger:

“On important issues, like the balance between liberty and security, if the public doesn’t care,then the security side is going tooverweigh the other, [that wouldchange], if people come forward andsay we are proud to live in the USA,a land that has been more free, andwe want to keep it that way.”

In Michigan, the communities thathave been involved in “Civil Liberties”resolutions have inevitably had to addresscomments from the U.S. Attorneysoffices. The major arguments faced are asfollows:*

“No section of the PATRIOT Act authorizes or encourages restrictionson First Amendment rights of publicassembly or religion or FourthAmendment invasions of privacy.”

In the wake of the USA-PATRIOTAct, the FBI removed its previous guide-lines, and authorized surveillance of reli-gious activities and peace groups. Whilethe change in policy may not be strictly a

violation of our “reasonable expectationof privacy,” it is a dramatic reversal oflongstanding policy. The former FBI pol-icy limiting the “monitoring” of freespeech and religious events was aresponse to FBI abuses during the era ofCivil Rights and Vietnam War protests.The U.S. Senate Church Committee out-lined numerous abuses by the JusticeDepartment during this period. The pol-icy was enacted to cure these abuses. TheJustice Department attempts to justify theincreased authority of the FBI to monitorpublic events, including religious serv-ices, as nothing more than the right of anyother citizen.

But the issue is not whether such activ-ity is strictly a violation of the FourthAmendment. The issue is: do we want ourgovernment investigating our FirstAmendment activities? Do we wantundercover members of the “Joint

Terrorism Task Force” to join a 20-year-old faith-based peace group–as they havein Washington and Oregon? Do we agreewith the Justice Department’s attempt toobtain the names of every person whoattended a conference on “Women andIslamic Law” as it did at the University ofTexas Law School or a peace conference(including subpoenaing the entire mem-bership list of one of the organizinggroups) as it did at Drake University inDes Moines, Iowa? Does the FBI memorequesting that local police agenciesvideotape anti-war rallies to locate“potential terrorists” really present thepicture of American Free Speech to whichwe adhere?

“Only one Court has held thatany part of the USA-PATRIOTAct violates any portion of the Bill of Rights...”

The U.S. District Court inCalifornia has already ruledthat a portion of the act isunconstitutionally vague andhas a “chilling effect” on FreeSpeech. The ACLU lawsuit,pending in the federal court inMichigan, challenging Section215 of the USA-PATRIOT Act,is grounded upon a FirstAmendment challenge. It isour plaintiffs’ fear that thePatriot Act has caused a dra-matic decline in memberships

and donations in their mosques and hasforced a church-sponsored refugee groupto change its record-keeping practices thatforms a substantial basis of our claims.

This First Amendment “chill” is rem-iniscent of an earlier era when the gov-ernment attempted to shut down dissentby investigating groups like the NAACPand the Japanese American CitizensLeague. Notably, these groups and othercivil rights, immigrant and free speechadvocates filed briefs supporting theACLU’s challenge arguing that the lawalso violates their members’ FirstAmendment rights to free speech and freeassociation — as well as their right to privacy under the Fourth Amendment.

2

As we enter into the Novemberelection campaign, the efficacy ofthe Safe and Free Civil Liberties

resolution is clear. A major part ofPresident Bush and Vice-PresidentCheney’s campaign has been an effortto renew the Patriot Act.

WE ARE VERY EXCITED TO WELCOMEMary Bejian to the staff as the very firstField Organizer for the ACLU ofMichigan. Mary’s major responsibilitiesinclude developing strategies to buildand strengthen grassroots support forcivil liberties in Michigan. As one partof this, Mary will be working with ournine branches to help with coalition-building, community education andmembership recruitment.

Before joining the ACLU staff, Maryworked for nine years as theCoordinator of Investigations at theFair Housing Center of SoutheasternMichigan. But many of you may knowher as the former Chair for the ACLU-Washtenaw County Branch. UnderMary’s leadership, Ann Arbor was oneof the first cities to pass a civil libertiesresolution regarding concerns raisedby the Patriot Act. In addition to hermany ACLU volunteer activities, Maryhas worked on issues related to thepolitics of HIV/AIDS, sexual assaultprevention and racial profiling.

Mary graduated with a B.A. in Women’sStudies and Psychology from theUniversity of Michigan in 1992.

We are very fortunate to have Mary aspart of the ACLU team, and you can lookforward to seeing her around the state.

* The recurring arguments from the U.S. Attorneys office in both the Eastern and Western Districts of Michigan are set forth in a letter from Hagen Frank, Asst. U.S.

Attorney for the Western District to the Grand Rapids Police Department. This article is based upon the response sent to the Grand Rapids Commissioners.

HELP KEEP CIVIL LIBERTIESAN ELECTION CONCERN!

CONTACT: ACLU OF MICHIGANSAFE & FREE PROJECT

60 WEST HANCOCKDETROIT, MI 48201

(313) 578-6810

OR VISIT OUR WEBSITE:WWW.ACLUMICH.ORG

continued on page 4

THE 2003 ANNUALREPORT IS NOW

AVAILABLE ON THEWEBSITE AT

WWW.ACLUMICH.ORG

TO RECEIVE A COPYOF THE REPORT,

PLEASE CALL (313) 578-6801

SU

MM

ER

2004

3

LET’S GET TO WORK!FROM THE EXECUTIVE DIRECTOR, KARY L. MOSS, ESQ.

Iwant to thank each of you for your support of the ACLU of Michigan and our work to defend freedom. You make it possible for

us to operate an incredible program that I hope makes you proud.

If you have not yet received our 2003annual report, which documents our mostrecent work, please contact the office.

Our efforts protecting freedom anddemocracy are especially important rightnow.

With this year’s presidential election,civil liberties move front and center in theheightened political climate. This is a“teachable moment” – a time when we canbuild a lifelong commitment to civil lib-erties and the ACLU. Our rising member-ship in this state – now over 13,000 –is testimony to the importance of thisorganization.

Consider the range of issues and activities in which we’re engaged. Ourlegal challenge to Section 215 of thePatriot Act is one of the most importantlawsuits in the country right now. Section215 allows the government to go to asecret court to obtain warrants withouthaving to show probable cause that acrime has been committted.

This case, and our other work on thisissue, demonstrates that the Executivebranch is making efforts to limit the power

of the courts. This presents an immediateand profound threat to our democracy –our system of checks and balances – andignores the strong bi-partisan support wehave for national policies that keep us bothsafe and free.

To ensure that everyone who wants tovote is able to and have that vote counted,we are developing voter registration literature, including specific informationfor students.

We’re also working hard to get thefacts out as the right wing promotes a marriage ban amendment that would write discrimination into the state and U.S.Constitution, allows the death-penalty,eliminates aff irmative action, and bans abortion.

As we near election day, our goal is toensure that free speech and dissent areprotected. We will continue to opposeefforts to restrict protests from areas faraway from debates and rallies and willclosely monitor these events.

And as the President launches his cam-paign to defend the Patriot Act and preventcertain provisions of the law to sunset, our

statewide efforts to tell policy-makers thatwe can be both safe and free becomeseven more crucial. Twelve cities andcounties in Michigan have passed ordi-nances and resolutions and we are work-ing hard to add even more to that list.

All of these issues – openness in government, voting rights, gay marriage,affirmative action, the right to privacy –and many others, are central to this elec-tion. The ACLU is a nonpartisan organi-zation - one that challenges politicians ofall parties and all ideological stripes todefend freedom. We never have – andnever will – play any role in influencingthe outcome of an election. But, we dohave a responsibility to make sure that agreat debate about civil liberties takesplace all across our nation.

To do this, we need to attract, engageand motivate young people, not onlybecause they are a great force for changetoday but also because we must create thenext generation of civil liberties advo-cates. For many youth today, this is themoment that will shape their lives.

In addition to placing significantresources into our legal work, this year wehave created a new position of FieldOrganizer and welcome Mary Bejian tothe staff. She will help activate our mem-bership using, in particular, an Internetstrategy aimed at attracting new membersand activists.

We’re creating bilingual “know yourrights” public service announcements forbroadcast on public television. We’re writ-ing op-ed pieces to appear in newspapersthroughout the state. We’re briefing mediaoutlets to make certain that their coverageof the 2004 debate over civil liberties iswell-grounded in the facts.

We’re planning the first-ever ACLU ofMichigan Membership Conference, to beheld next spring in Lansing, which willfeature civil liberties workshops and advo-cacy-training. Mark your calendar.

All this activity depends upon the ener-getic support of people like you. Withyour help, we can lead a great 2004 debateabout civil liberties and, even more importantly, we can win that debate. Let’sget to work.

FROM THE PRESIDENTJACQUELIN WASHINGTON

It has been an honor to serve as pres-ident of ACLU of Michigan for the pastfour years. The need to defend the U. S.Constitution has never been greater.

In the past four years there have beenmany successful initiatives at the ACLUof Michigan — including the LGBTProject, efforts to eliminate racial profil-ing, a statewide conference on women’sissues, as well as collaboration withgroups to oppose school vouchers and theattempt to ban affirmative action. At thesame time, the ACLU of Michigan con-tinued to conduct strong legal and leg-islative programs.

All of us feel secure in knowing thatthis country is great because of the Billof Rights and the protection it affords us.After 9/11 and the threat of terrorism, wehave felt more uncertainty. The govern-ment’s response — enacting the USA

Patriot Act and other measures — seemedto shake the very foundation of thisdemocracy. Since then, Michigan citizenshave increasingly turned to the ACLU.Our membership has grown to unprece-dented numbers in support of our effortsto preserve our rights under theConstitution.

These four years have been a chal-lenging time for civil liberties, but arewarding time for me as your president.So it is with great pride that I end myterm of office. I have worked with atremendous group of people, includingthe staff, branches and Board ofDirectors. I leave confident knowing thata strong leadership will continue underour new president, Jim Rodbard, andExecutive Director Kary Moss.

The ACLU’s LGBT Project hasalready participated at events in Ferndale,Lansing and Grand Rapids, and we’ll beat the Detroit Gay Black Pride celebrationin July.

Looking back since Pride 2003, wehave much to celebrate. Striking downTexas’ same-sex sodomy law as uncon-stitutional, the U.S. Supreme Courtmajority in Lawrence v. Texas recognizedthat gays and lesbians can no longer betreated as second-class citizens. Thatdecision holds tremendous potential forchallenging policies, practices and lawsthat treat LGBT people unequally. Wehave also seen same-sex marriagesbecome a reality in Canada. On May 17th Massachusetts became the first stateto legally recognize same-sex marriages,affording LGBT couples the same legalrights, benefits and protections as heterosexual couples. Legal challengeshave already been filed in California,New Jersey, New York, Oregon andWashington to challenge those states’refusal to legally recognize same-sexmarriages.

And there has been some good newsin Michigan, as well.

• Governor Granholm issued an execu-tive directive, prohibiting sexual orientation discrimination in statedepartments.

• The State Registrar introduced arevised birth certificate form that canrecord the names of both same-sexparents.

• The Department of Corrections revisedits policy on new inmates, to nolonger record on prison forms whetherthe inmate is “homosexual.”

• The City of East Lansing added genderidentity to its human rights ordinance,and the Charter Township of WestBloomfield added sexual orientationto its employment non-discriminationpolicy.

• And a proposed amendment toMichigan’s constitution that wouldprohibit same-sex marriage and otherforms of legal recognition for same-sex marriages failed to secure enoughvotes in the Michigan House ofRepresentatives for passage.

But for all our celebration, Pride mustalso be a time for motivation because notall of the news is good. In response to thegains made, there are efforts by the reli-gious right to turn back the clock and tocontinue to treat LGBT people as second-class citizens. In spite of the victory in theMichigan House, there is a petition driveto put the proposed MichiganConstitutional amendment on theNovember ballot. By the time you readthis newsletter, we will know if they

secured the necessary 317,000 valid sig-natures. If they reach their goal and thisamendment is passed by a majority ofMichigan voters in November, it willmean that same-sex marriages, civilunions and domestic partner benefitswill all be prohibited in Michigan. A sim-ilar proposed amendment to the U.S.Constitution has been introduced (andsupported by President Bush) that woulddo essentially the same thing on a federallevel. If either of these amendments areadopted, it will be the first time that dis-crimination against a particular group ofpeople is written into the Constitution.And it is a travesty of democracy when amajority votes on whether a minoritygroup should have a fundamental right.

Michigan’s legislature continues tochurn out bills that would marginalize anddisenfranchise LGBT people. Recentlythe House passed a series of bills thatwould permit health care providers, hos-pitals and medical insurers to refusetreatment to individuals, based on their“moral” or “religious” beliefs. This legis-lation could result in LGBT personsbeing refused medical treatment, as wellas limiting the reproductive rights andchoices of women.

A bill has also been introduced thatwould permit foster care and adoptionagencies to refuse to place children in ahome if they believe that the home violates the agency’s religious or moralconvictions. In other words, LGBT

people could be denied the opportunity tobe foster or adoptive parents solely on thebasis of an agency’s attitude toward sex-ual orientation. This bill will allow deci-sions to be made with no regard for thebest interests of the child.

If that weren’t enough, Rep. ScottHummell (R-DeWitt) has announced that he will introduce legislation limit-ing joint adoptions to married couples.Since same-sex couples cannot marry inMichigan, children living in same-sexhouseholds will not have the legal protection of both parents. Once again,the best interests of the child would be ignored, with the sole focus on themarital status of the adoptive parents.

Michigan’s LGBT community,friends, families and allies must be motivated to fight back against thesemean-spirited attempts to promote dis-crimination. We must all decline to signthe ballot initiative petition. We have toraise our voices and take action. We must speak out against legislation that tinkers with the Constitution anddenies rights and protections. We mustoppose legislation that denies health care,nurturing homes for children, and the protection of two parents for a child.

The civil rights gains we’ve achievedare a result of hard work and advocacy.We need to keep celebrating and to keepworking.

LGBT PROJECT UPDATEJAY KAPLAN

During what has come to be known as Pride months, June and July will find LGBT communities across the nation and worldwide

celebrating our lives, our relationships, our familiesand the progress that has been made towards achieving LGBT equality.

4

SU

MM

ER

2004

SAFE AND FREE PROJECT UPDATEcontinued from page 2

“The assertion that the PATRIOT Actrestricts Sixth or Fifth Amendmentrights to counsel or Fifth AmendmentDue Process guarantees...is incorrect,without exception.”

In making this argument, the U.S.Attorneys office seeks to distinguish itspolicies and Executive Orders, whichare a concern of the Civil Liberties res-olutions, by noting that such rights arenot directly affected by the USA-PATRIOT Act. They cite theGuantanamo Bay detainees as an exam-ple of a policy that is not a part of theAct. But that is not the issue. They nextargue that ultimately it is the role of theU.S. Supreme Court to make a finaldetermination. The U.S. Supreme Courthas agreed to rule on this very issue andthe ACLU has filed an amicus brief.Among the many other human rights,legal and religious organizations joiningas friends-of-the-court are: the

American Jewish Committee, AmnestyInternational, the Anti-DefamationLeague, the Association of the Bar of theCity of New York, Human Rights Watch,Islamic Circle North America (Relief),the Law Society of England and Wales, theLawyers Committee for Human Rights,the National Association of CriminalDefense Lawyers, the NationalAssociation of Social Workers LDF, theNational Council of Churches, People forthe American Way, the Religious ActionCenter, the Rutherford Institute, TrialLawyers for Public Justice, and Union forReform Judaism.

The policy of declaring U.S. citizens as“enemy combatants” is, admittedly, notincluded in the USA-PATRIOT Act. It,too, is a policy included in the CivilLiberties resolution. Again, this issue iscurrently before the U.S. Supreme Court.It is significant to note that the JusticeDepartment, immediately following the

grant of certiorari by the Supreme Court,reversed its long-held position and allowedJose Padilla to be visited by his attorney.Equally significant are the rulings of boththe District Court and the U.S. Court ofAppeals holding that the government pol-icy of designating persons as “enemy com-batants” was constitutionally void andruled that a U.S. citizen, arrested onAmerican soil, cannot be held at the solediscretion of the President withoutcharges, trial or access to counsel.

“Finally, the assertion that the PATRIOTAct in any way changes the criminal burden of proof (or), allows for selectiveprosecution ...”

Most communities, when supporting aCivil Liberties resolution, have argued thatmany of the immigration-related pro-grams, such as the FBI questioning ofArab and Muslims (not based upon anyindividualized circumstances), NSEERS

etc., seem to be a form of ethnic profiling.More recent resolutions also call upon thelocal government to go on record oppos-ing the CLEAR Act legislation that wouldmake state and local law enforcementenforcers of civil immigration violations.These concerns raise legitimate civil lib-erties questions. They should not be mis-characterized as alleging the governmentis participating in “selective prosecution.”

When community members coalesce towork on a “Civil Liberties” resolution, itis the USA-PATRIOT Act combined withnumerous federal policies that are thesource for many of their concerns. Theseresolutions are the voice of manyAmericans, who, like Justice Ginsburg,say “we are proud to live in the USA, aland that has been more free, and we wantto keep it that way.”

EMPOWERING STUDENTS

Ifrequently speak to high school students about civil liberties and thecritical role the Bill of Rights plays in

our democracy. Unfortunately, manystudents believe that the Bill of Rightsis some abstract historical documentthat has no meaning in their lives.

FROM THE LEGAL DIRECTOR, MICHAEL J. STEINBERG

And how can we blame them? In manyschools today students are subjected torandom searches, constant videotapedsurveillance and drug sniffing dogs. Inother schools, students are prohibitedfrom criticizing school policies in theirhigh school newspapers, in undergroundstudent newspapers or even on privateInternet sites that they create from home.Students attempting to express their polit-ical or religious views through theirclothing or in a public forum are oftencensored.

Young people are not treated muchbetter out of school than they are treatedin school. Malls are implementing newpolicies that ban people under 18 after 5p.m. unless they are accompanied by aparent or person over 21 years of age.Police officers force students walkingdown a street to submit to a Breathalyzertest even though they don’t have a searchwarrant. Teenagers–especially teenagersof color–are often targeted by police offi-cers based on unfair stereotypes.

Recently, I spoke at a governmentclass at Mumford High School. A fewdays before my visit, each and every stu-dent in the school was forced to standsilently in line for 1-1/2 hours waiting tobe frisked and have their backpacks andpurses searched by Detroit police offi-cers. The students complained about howthe officers yelled at them and roughedthem up if they questioned why thesearch was necessary. They complainedthat they were being treated like criminalsrather than students and that the masssearch prevented them from going toclasses and learning.

While I was disturbed by the masssearch of Detroit students, what I foundeven more disturbing was the fact that theMumford students felt absolutely power-less to do anything about it. They said thatthey have been treated like this by thepolice and, in some cases, by their teach-ers, since they started school. While thestudents knew their rights were being vio-lated, they had been conditioned tobelieve that there was no remedy. Ibelieve that this sense of helplessness notonly leads to inaction and apathy, but italso breeds a resentment of “the system”that has troubling ramifications for soci-ety long after the students leave school.

I strongly believe that it is our respon-sibility to teach young people that they dohave rights and that they don’t have to “sitback and take it anymore.” Rather, theycan organize, speak out against injusticeand bring about change through non-violent and productive methods. Andwhen the authorities – whether it is thepolice, school administrators or evenmall owners – violate their civil libertiesor engage in illegal age discrimination,

young people should know that the ACLUis in their corner standing ready to fightwith them for justice.

This newsletter is full of stories of theACLU taking legal action or threateninglegal action in recent months to supportthe rights of young people–whether it bean African American student’s right toattend school free of a hostile racial envi-ronment, a valedictorian’s right to share abible verse in a section of the yearbookreserved for self-expression, a studentactivist’s right to wear anarchy and peacesigns on his clothes, or Detroit students’rights to attend a school where they arenot treated like inmates. We must con-tinue to bring cases on behalf of youngpeople to prevent an entire generationfrom falling into a permanent state ofpowerlessness, apathy and despair. Wemust teach our students that the Bill ofRights is a living document that protectsthe liberties and freedoms of everyoneand that they can make a difference in thisworld. Our democracy depends on it.

UPDATESMany of our cases are featured else-

where in the newsletter. Here are a fewadditional victories and updates.

RIGHT TO APPOINTED COUNSEL INAPPEAL OF MISDEMEANORCONVICTIONS.

The courts have made it clear that poorpeople who are convicted of a crime andsentenced to jail are entitled to a freecourt-appointed attorney to representthem on appeal. Nonetheless, manyMichigan judges will not appoint appel-late counsel in misdemeanor cases. Aftera Plymouth District Court judge refusedto appoint appellate counsel to a man sen-tenced to a year in jail for a misdemeanor,the ACLU of Michigan successfullyappealed the issue to the Wayne CountyCircuit Court. The ACLU is now workingto persuade the Michigan Supreme Courtto clarify its court rules to make it clearthat all indigent misdemeanants who aresentenced to jail are entitled to appointedcounsel and free transcripts. People v.Kanka. Cooperating Attorney: RalphSimpson, with assistance from law internsBryan Anderson and MelanieSonnenborn.

CHALLENGING “GAG RULE” ON POST-TRIAL PUBLICITY INTERRORISM CASE.

After the first terrorism trial in thecountry was over, a federal judge inDetroit issued a broad gag rule barringattorneys in the case from not only dis-closing sealed and classified documents,but also from “commenting” on “confi-dential” information about the case.While the defense attorneys did notobject to the portion of the order about

sealed or classified documents (it is a fed-eral crime to reveal such documents), theprohibition on commenting on “confi-dential” information is much broader. Theattorneys who represented the terroristsuspects have wanted to respond to mediacalls about the failure of the governmentto disclose exculpatory evidence about their clients and about the lawsuit filedagainst Attorney General John Ashcroftby the government lawyer who prose-cuted the case. However, they will not do so for fear of violating the gag order.The defense attorneys have appealed the gag order, and the ACLU, along withthe Criminal Defense Attorneys of Michigan, filed a friend-of-the-court briefin support of the defense attorneys. TheACLU is primarily concerned about theweak standard the judge applied for “gagrules” after the trial is over and the prece-dent it will set for other cases. U.S. v.Koubriti. Cooperating Attorney: ErwinChemerinsky.

APPELLATE COURT RULES THAT CASE WAS WRONGLY DISMISSED FOR PRE-TRIAL STATEMENTS.

The Michigan Court of Appeals,agreeing with the ACLU’s friend-of-the-court brief, recently reinstated a sexualharassment case against Ford MotorCompany. The trial judge had dismissedthe case because of public statementsmade by the plaintiff and her attorneysbefore trial–even though the judge hadnever issued a “gag rule” and even thoughthe judge had never attempted to deter-mine whether an impartial jury could beseated. The ACLU, concerned about boththe right to fair trials and free speech, hadargued that that the dismissal of the caseviolated the plaintiff ’s and attorneys’ freespeech rights were violated and that therewere less drastic means of ensuring a fairtrial short of dismissing the case alto-gether. Maldonado v. Ford Motor Co.Cooperating Attorney: Christine Chabot.

Teachers: The ACLU has a Bill of Rightscurriculum guide available for use in your classroom. Go to http://www.aclumich.org/pubs/billofrights.pdf to download the “A Resource Guide for Teaching the Bill of Rights.”

SU

MM

ER

2004

5

YOUTH SCOLARSHIP AWARD

GIVEN TO MICHIGAN

STUDENT

The American Civil Liberties Union

has again selected ten high school

seniors from around the country to

receive Youth Activist Scholarships

for 2004. Each student is the

recipient of $4,000 in honor of

his/her outstanding work to protect

civil liberties, especially the rights

of young people.

This is the third time that a

Michigan student has been

selected. This year’s winner was

Bretton Barber, the Dearborn

student who was the plaintiff in the

ACLU’s successful First

Amendment challenge against the

Dearborn Schools’ t-shirt ban.

Brett has been an ACLU member

since 7th grade. So by the time he

got to high school and was asked to

remove his anti-war t-shirt by

school officials, he knew what his

rights were, and he knew who to

call: the ACLU. In addition to his

First Amendment activism, Bretton

has been volunteering at the ACLU

office all year. He also writes a

column on youth issues for

Between the Lines, a monthly gay

rights newspaper.

“My First Amendment battle only

strengthened my desire to be an

activist for civil liberties,” Brett

said. “I realize now that violations

occur to everyone, everywhere, no

matter what their ideals.”

The Award was created in 2000 to

recognize the efforts of graduating

seniors who have demonstrated a

strong commitment to civil

liberties and civil rights through

some form of student activism.

“The next generation of civil

libertarians will face new

challenges as part of their ongoing

defense of the Bill of Rights,” said

ACLU Executive Director Anthony

D. Romero.

“This scholarship gives the ACLU

an opportunity to recognize the

bravery of these students and the

inspiration they provide.”

SU

MM

ER

2004

6

WHEN ABBEY MOLER WAS A SENIOR atStevenson High School in 2001, she anda handful of other high achieving gradu-ates were profiled in a section of the year-book that listed the students’ activitiesand the colleges they planned to attend.In addition, each student was invited toshare some words of wisdom or advice topass on to the rest of the school.

But when the yearbook was published,Abbey’s entry had been deleted from theyearbook because it contained a passagefrom the Bible. Ms. Moler, a devoutChristian and class valedictorian, sub-mitted a bible verse that she found mean-ingful. It stated:

I would like to share a favorite versethat shapes my life and guides me fromday to day:

“‘For I know the plans I have for you,’declares the Lord, ‘plans to prosper youand not to harm you, plans to give youhope and a future.’” Jeremiah 29:11(New International Bible).

“While it is true that schools may notconstitutionally promote religion, theyalso must be very careful not to suppressthe private religious expression of theirstudents,” said Michael J. Steinberg,ACLU of Michigan Legal Director, whorepresented Abbey Moler, the SterlingHeights student. “This was a case where

a high school had created a forum for stu-dent expression, yet censored a student’sspeech because it was religious innature.”

In previous years, students’ entries inthe “wants to pass on” section rangedfrom serious advice to humorous tidbits.For example, one student wrote, “I’llnever grow old, I’ll never die, and I’llalways eat oatmeal.” Another student’sentry was simply, “One word: Plastics.”

Abbey and her parents were never toldthat the school could not publish the entrybecause it was religious so they werequite astonished when they saw the bookminus Abbey’s thoughts. At that point,they came to the ACLU for help.

The ACLU and the school districtwere able to negotiate a settlement with-out the need to file a lawsuit. The districthas agreed to place a sticker with Abbey’soriginal entry in the copies of the 2001yearbook on file with the school; instructthe Stevenson High School yearbook staffnot to censor entries in the “Wants to PassOn” section solely because they containreligious or political speech that othersmight find offensive; provide continuedin-service training and advice to schoolstaff on free speech and religious freedomissues that arise in schools; and write aletter of regret to Abbey.

ACLU SETTLES CASEON BEHALF OFCHRISTIANVALEDICTORIAN

Abbey Moler

ACLU HOSTS PULITZER PRIZE-WINNING PLAYWRIGHT NILO CRUZ The ACLU held an event with Nilo Cruz at the Art ExchangeGallery/Museum on May 20 to benefit the LGBT Project.Cruz read from his works, including “Anna in the Tropics,”which was recently produced on Broadway with a cast led byJimmy Smits.

A gay Cuban-American, Cruz became the first playwright ofHispanic descent to win the Pulitzer Prize in 2003 for “Annain the Tropics,” which, in addition to Broadway, has had several regional productions throughout the U.S.

Cruz teaches playwriting at Yale University. His newest play,“Beauty of the Father,” recently had its world premiere inSeattle, Washington.

SCHOOL REVERSES STUDENT’S SUSPENSIONFOR WEARING ANARCHY T-SHIRT

Timothy Gies

LAST APRIL, TIMOTHY GIES, a senior atBay City Central High School, was sus-pended on April 7 for five days for wear-ing a t-shirt with an anarchy symbol.After conversations with the ACLU, theBay City Schools has changed its mind.

School administrators had previouslyprohibited Tim from wearing peace signs,upside-down American flags and a sweat-shirt with an anti-war quote from AlbertEinstein either with suspensions or byinsisting that he take off the t-shirt orsweatshirt he was wearing.

When Tim contended that he had aFirst Amendment right to express him-self, one administrator informed him thatthe Constitution does not apply to BayCity students. Another mockingly toldhim to report the incident to the ACLU.So that’s what he did.

“Public schools should create an envi-ronment where free exchange of ideas isfostered, not silenced,” said ACLU ofMichigan Legal Director Michael J.Steinberg. “It is unconstitutional for

school officials to censor a student’sexpression of their political views simplybecause they disagree with those views.”

The ACLU represented Tim in anappeal to the district’s director of studentservices, Marty Gottesman, arguing thatthe suspension violated the student’s freespeech rights. The school finally agreedin writing that because the shirt was nei-ther threatening nor disruptive, the disci-pline would be set aside. In addition toreversing Tim’s suspension, the adminis-tration has agreed to allow students towear other political symbols on theirclothing.

“I believe that in order to adequatelyprepare students for the future, they mustbe exposed to a diverse cross-section ofpeople and ideas,” said Tim Gies. “Thefight for our right to free expression wasa hard one and even though I’m graduat-ing in June, I’ll rest easy knowing thatnext year’s class will be able to shareideas without being punished.”

The ACLU held a news conference onJune 10 to announce a challenge to a pol-icy that has allowed the Detroit PoliceDepartment and the Detroit Public Schoolsto conduct mass searches of middle andhigh school students.

“These searches are not based on anyindividualized suspicion of criminal behav-ior,” said Kary Moss, ACLU of MichiganExecutive Director. “Before you treatsomeone like a criminal, you have to sus-pect that they’ve committed a crime.”

As a result of a Detroit School Boardpolicy that allows periodic “sweeps” with-out notice in Detroit intermediate and highschools, the entire student body of Detroit’sMumford High School was subjected to aphysical search on February 18, 2004. Thesearch included a pat-down of the students,and inspection of the contents their pock-ets, purses and school bags.

Metal detectors are always operationalat the school’s entrance, but were moved tothe back hall on that day. Instead, studentswere ushered into the school, lined upagainst the walls, and, under the closesupervision of Detroit Police and theSchool Board’s Public Safety Officers,marched to the end of the hall where they

were physically searched. They were thentaken to the school auditorium and notallowed to leave until the entire search wasconcluded about one and one half hourslater.

Some students questioned the policeofficers’ right to search, but were quicklysilenced when an officer told them to “shut up” or they would be arrested. “Mygrandson was scared,” said Sharon Kelso,a plaintiff in the lawsuit. “I’ve raised himto be respectful, but he was treated disre-spectfully. What really bothers me is that I dropped him off to get an education, and instead he missed two hours of class-room instruction only to be treated like a prisoner.”

The unlawful sweeps were planned andscheduled in advance and therefore notbased on reasonable suspicion or probablecause to believe that any particular studentor group of students had committed or wasabout to commit a crime or violated the lawin any way. No guns or drugs were foundat Mumford High.

According to information given to theACLU, it is believed that at least two otherhigh schools were searched in the samemanner and pursuant to the same policy,

including Murray Wright High School andPershing High School.

Amos Williams, the ACLU cooperatingattorney handling the case, likened thispractice to a police raid with no warning orwarrant. “As a retired police lieutenantwith 17 years of experience with theDetroit Police Department, I know what’sright and what’s wrong in a search. A

search with no particular or individualizedsuspicion turned this schoolhouse into ajailhouse.”

Read the complaint on the ACLU website at:

http://www.aclumich.org/pdf/briefs/mumfordcomplaint.pdf

MILDRED MCWILLIAMS “MILLIE” JEFFREY(1910-2004)

The ACLU lost a dear friendand long-time supporter whenMildred McWilliams Jeffrey,social justice activist, retiredUAW Director of the ConsumerAffairs Department and aGovernor Emerita of WayneState University, died on March24 at the age of 93.

Millie served as a role modelfor countless women and menin the labor, civil rights,women’s rights, and peacemovements. In 2000, PresidentWilliam Clinton awarded herthe Medal of Freedom, thehighest civilian awardbestowed by the United Statesgovernment.

Millie was inducted into theMichigan Women’s Hall of Fame and was an original board memberof the Michigan Women’s Foundation. She served in various leader-ship roles in a wide-variety of national and state organizationsincluding the American Civil Liberties Union (ACLU).

In the invitation to the June 26 celebration of Millie’s life, GovernorJennifer Granholm perhaps described her best. “Millie’s tiny statureand quiet, humble gentleness belied a powerful force that trulychanged our world. When scientists refer to the butterfly effect–thenotion that the smallest, imperceptible change in one corner of theworld can eventually result in history-changing events someplaceelse–I know that they must be referring to Millie...Millie Jeffrey wasour butterfly. She whipped up change in countless corners of our worldand helped write entire chapters in the story of our nation and ourstate.”

Millie was a notable presence at every ACLU event–she will besorely missed.

justice

toleranceEQUALITY

ACLU OF MICHIGAN LAUNCHESPROJECT TO INVESTIGATE LIFEWITHOUT PAROLE SENTENCES FOR JUVENILESTHE AMERICAN CIVIL LIBERTIES UNIONof Michigan has been awarded a grant of$100,000 by the JEHT Foundation toform the Juvenile Life Without ParoleInitiative to investigate the issues sur-rounding the growing number of childrensentenced to life sentences without thepossibility of parole. Attorney DeborahLabelle will be the Project Director.

“Life sentencing for juveniles is aheartbreaking issue and there is a realneed to examine the impact these sen-tences have on our communities, stateagencies and families,” said ACLU ofMichigan Executive Director Kary Moss.“We are extremely fortunate to haveDeborah Labelle, a nationally recognizedexpert on this issue, as our director of thisinitiative.”

The imposition of life without paroleon minor children is explicitly prohibitedby the International Convention on theRights of the Child, which was ratified byPresident Clinton in 2000, and is widelyconsidered a violation of internationallaw and fundamental human rights.Despite this, Michigan, and forty otherstates, permit these sentences to beimposed on juveniles. Michigan is one ofthirteen states that have no lower age limitfor life sentences without possibility ofparole.

“We know that in Michigan, there are150 individuals serving “life withoutparole” sentences for offenses that

occurred when they were sixteen yearsold or younger,” said Project DirectorLabelle. “Two-thirds of those have beensentenced since 1990 and over 70% ofthese children are African-American.”

In Michigan and many other statesjuveniles can be transferred to adultcourts and sentenced to a life without anychance of parole no matter what their ageor consideration of the circumstances oftheir offense. Recent research castsdoubts on the cognitive capacity of ado-lescents and teens raising serious ques-tions about juveniles’ ability tounderstand criminal consequences fortheir actions, and their ability to under-stand the judicial system or cooperate intheir own defense.

Currently there is no national censusof the number of youth serving life sen-tences without possibility of parole.However, sweeping changes to state lawsin the 1990s have made it easier to tryjuveniles as adults and subject them to“natural life” sentences.

In addition to the prevalence of thesesentences, the report will also addressissues of race, gender and economic dis-parities in reviewing whether there areinequities within the sentencing of juve-niles to life without parole. There will bean emphasis on looking at alternativeways of viewing and responding to theproblems of these sentences.

The JEHT Foundation was established in April 2000 to support itsdonors’ interests in human rights, social justice and

community building. The name JEHT stands for the core values thatunderlie the Foundation’s mission:

Justice, Equality, Human Dignity and Tolerance.

human dignity

ACLU CHALLENGES MASS SEARCH POLICY IN DETROIT PUBLIC SCHOOLS

Fred Wells, Mumford student; Sharon Kelso, parent; and Amos Williams, attorney.

SU

MM

ER

2004

7

WITH THREATS that they could be scheduled to convene through July, Housemembers shifted budget negotiations intohigh gear in order to get back to their districts for the intense summer campaignseason.

Over 400 candidates have filed for theHouse of Representatives’ August 3 pri-mary race. As we have in past years, theACLU of Michigan sent a written surveyto each candidate. The survey questions,along with their responses, are publishedin a supplement to this newsletter. (SeeVoter Guide insert.) Because the ACLU isa non-partisan organization, the voterguide should not be considered anendorsement of any candidate. But, it ismeant to help our members gauge eachcandidate’s commitment to civil liberties.

REPRODUCTIVE FREEDOMIn the wake of this legislative session,however, the ACLU of Michigan ispreparing to file a challenge to an anti-choice law called “The Legal BirthDefinition Act.” The Act was originallyproposed as Senate Bill 395 and wasvetoed by the Governor last October. Inher letter to the Michigan Senate,Governor Granholm stated that shevetoed the bill because the courts haverepeatedly declared such efforts uncon-stitutional and that “Senate Bill 395 doesnot remedy deficiencies identified by thecourts.” On June 9, the House and Senatevoted to enact this legislation following acitizens’ initiative advanced by Right toLife. A law enacted in this manner is notsubject to a gubernatorial veto.

Like the two previous attempts by thelegislature to ban legal and safe abortionsin Michigan, this newest effort is uncon-stitutionally overbroad and vague anddoes not contain a sufficient health exception, which has been repeatedlyrequired by the U. S. Supreme Court.Additionally, 28 doctors and nurses fromthe University of Michigan HealthSystem stated that the act “misstates medical fact and could adversely impactthe medical management of birth.”

The ACLU of Michigan continues towork with a coalition in opposition to legislation designed to broaden refusalclauses in the medical field. The legisla-tion, which passed the House and will bevoted on in the Senate this fall, allowsindividuals, facilities and insurance plans(including HMOs) to refuse to provideservices based on “religious, moral or ethical” objections. In addition to threat-ening reproductive health care options forwomen, a consequence of this legislationis that it may allow discrimination basedon sexual preference because there is noprotection for sexual orientation under the Elliott-Larson Civil Rights Act. With help from the broader LGBT com-munity and our pro-choice friends, wehave been successful in making our leg-islators aware of the danger this legisla-tion poses in obtaining comprehensivehealthcare. We look forward to workingwith the Senate to make necessarychanges to the bills.

The ACLU of Michigan was well rep-resented in Washington D.C. for theMarch for Women’s Lives on April 25th.Although there were clearly over one mil-lion participants at the March, MichiganACLU members managed to find eachother on the mall to march as a contin-gent. The crowd of men and women wasinspiring, representing every age, raceand walk of life. Most impressive was thelarge percentage of youth in attendance.The event was truly exciting and theACLU had a huge presence.

CHURCH AND STATEWe had a substantial victory on thechurch/state front in securing amend-ments to a series of bills that would haveallowed taxpayer-funded scholarships andgrants to be used for religious curriculumin higher education. The U.S. SupremeCourt ruled in Locke v. Davey that Statescould withhold scholarship money for thepurpose of religious training without vio-

lating the Free Exercise Clause of theFirst Amendment. This package of legis-lation was prompted by a Michigan caseremarkably similar to Locke where a stu-dent was denied a state funded scholar-ship to pursue a degree in theology ordivinity. Michigan’s constitution, likeWashington’s, prohibits using state fundsfor religious training. The bills passed theSenate before the Supreme Court issuedtheir decision supporting our argumentthat the legislation is unconstitutional inMichigan. By working with friendly leg-islators, we helped craft amendments toremedy the unconstitutional provisions ofthe bills. The amendments were spon-sored by term-limited RepublicanRepresentative Charlie LaSata (BentonHarbor) and actively supported by theGovernor’s office.

DEATH PENALTYThe ACLU of Michigan spoke out againsta proposed constitutional amendment toreinstate the death penalty in Michigan.HJR W, introduced by RepresentativeLarry Julian (R-Lennon), failed to get therequired votes for it to be placed on theballot for a vote by Michigan citizens.

Michigan was the first state in theunion to ban the death penalty when iteliminated capital punishment in 1846after an innocent man had been hanged.The ban became part of Michigan’sConstitution in 1963.

Michigan currently has “life withoutparole” eliminating the fear that someoneconvicted of murder could be released. Asof December 2003, 113 inmates aroundthe nation have been found innocent andreleased from death row. More than halfof these people have been released in thelast 10 years. For every eight people exe-cuted, one has been exonerated. The vastmajority of those exonerated were foundinnocent because someone came forwardto confess committing the crime, key wit-ness testimony was found to be illegiti-mate, or new evidence was found tosupport innocence.

There is currently a statewide petitiondrive underway to place the issue on theNovember ballot, but it appears doubtfulthat the proponents of this constitutionalamendment will get a sufficient numberof signatures.

If you have doubts that the primaryelection is worth your time, think aboutthis–in many districts, the primary elec-tion determines the winner of the generalelection. If you want to see a change inLansing, the primary election is often themost important contest. Your vote candetermine the direction of the generalelection–including which issues will bedebated and which constituents will havethe most powerful influence. It is criticallyimportant to cast your vote in August. Usethe ACLU Voter Guide to help you evalu-ate the primary candidates and bringthree friends to the polls with you!

FROM THE CAPITOL

As summer neared, the legislature was busy clearingcalendars, moving languishing

bills and making the cuts necessaryto present a balanced budget.

SHELLI WEISBERG

PUSH FOR ANTI-CIVIL RIGHTSAMENDMENT STALLED

Affirmative action is safe - at least for the timebeing. Supporters of the ill-named Michigan CivilRights Initiative (MCRI) announced that they havestopped their effort to put the issue on the fall2004 general election ballot, but will continue tocollect signatures through the fall to qualify forthe 2006 general election ballot.

Headed by California businessman, Ward Connerly,MCRI hopes to ban state affirmative action policieswith a new constitutional amendment.

SU

MM

ER

2004

8

ACLU of Michigan was well-represented at the

March for Women’s Lives, Washington, DC, April 25.

The ACLU of Michigan is a powerful voice in the

legislature because of our passionate and

articulate members. We can harness even

greater strength by working together as part of a finely

tuned Grassroots Legislative Network. If you haven’t

already done so, sign up at www.aclumich.org to receive

Action Alerts on breaking legislative issues. Talk to your

legislators, in their districts and in Lansing. If you’re

interested in becoming more active in the Network,

please contact me at sweisberg@aclumich.org.

AS THE COUNTRY FOCUSED on the 50thanniversary of Brown v. Board ofEducation, the landmark case that endedgovernment-imposed segregation in pub-lic schools, the American Civil LibertiesUnion of Michigan reached a settlementin May with the Bullock Creek SchoolDistrict near Midland on behalf of anAfrican American student who was thevictim of racial harassment and attackedby white students in a so-called “game ofKKK.”

The settlement was the result of nego-tiations that began last summer. “It is dis-turbing that African American studentsstill face such shocking racism in school50 years after Brown v. Board ofEducation,” said Michael J. Steinberg,Legal Director of the ACLU of Michigan.“We are heartened, however, by the sin-cere efforts of the school district to beginto create an atmosphere in which such

acts will not happen again.”The ACLU complaint,

f iled with the MichiganDepartment of Civil Rights(MDCR) against the BullockCreek School District in mid-Michigan, has been voluntar-ily dismissed after districtofficials agreed to adopt amuch-needed comprehensiveplan to address racism.

Kyron Tryon was aneighth-grader at BullockCreek Middle School nearMidland, Michigan in May2003 when seven white boysgrabbed him during recess onthe school playground.According to Kyron, the boyspicked him up off the groundand chanted “KKK” whileone of them whipped himwith a belt. The boys thenthrew Kyron on the groundand began kicking him. The

attack did not stop until the bell rang, sig-naling the end of recess. When the whitestudents were questioned about the inci-dent, they described it as “just a game ofKKK.”

Kyron and his older siblings were vic-timized by racial harassment severaltimes at school, the ACLU said. Prior tothe playground incident, Kyron, the onlyAfrican American in his grade, was toldby his white peers to “go back to Africa.”They also called him a “porch monkey”and threatened him because he is black.

Unsatisfied with the way the schooldistrict initially responded to the “KKK”incident, Kyron’s parents contacted theACLU and then filed a complaint withthe MDCR. Over the past year, the schooldistrict, the ACLU and the Tryons metwith an MDCR mediator and jointlydeveloped a plan to address what the

Tryons believed to be a hostile environ-ment for students of color at the BullockCreek Schools.

“Although we found the incident lastspring to be deplorable, we have beenencouraged by the school community’sserious and intelligent response to theseactions,” said David Chapin,Superintendent of Schools. “It is clear theBullock Creek students, staff and com-munity will not tolerate these behaviors.We are grateful we are able to work inconjunction with the Tryon family in cre-ating a positive school culture in BullockCreek.”

The school is undertaking the follow-ing actions:

• DIVERSITY TRAINING. The district hascontracted with the Bridge Center forRacial Harmony to develop a compre-hensive plan for implementing diversitytraining within the district for students,teachers and administrators. The BridgeCenter has implemented similar pro-grams in Michigan, including one inSaginaw.

• MARTIN LUTHER KING DAY. The dis-trict will plan symposiums on MartinLuther King Day in which students willhave the opportunity to learn about dif-ferent races and ethnicities, as well aslearning to understand and tolerate dif-ferences.

• DIVERSITY STEERING COMMITTEE.The district is developing a steering com-mittee to oversee and develop the diver-sity training, MLK Day, Black Historymonth and other race-related issues. Thecommittee will include Kyron’s parents,as well as representatives from the studentbody, teaching staff, administrative team,Board of Education, MichiganDepartment of Civil Rights, DowChemical Company and the WestMidland Family Center.

• GRANTS. The district has applied forand received a grant from the DowChemical Foundation to help fund thedistrict’s work.

“We pray that the diversity trainingwill make kids think twice before hurtingand dehumanizing other kids the waythey hurt and dehumanized my son,” saidKyron’s mother, Joyce Tryon. “Whenchildren go to school they should nothave to fear that they will be beaten upbecause of the color of their skin. The rea-son we filed the civil rights complaintwas not to recover money, but to bringabout change.”

Kary Moss, Executive Director of theACLU of Michigan, said she hoped thatother school districts will emulate whatBullock Creek is doing to respond to dis-crimination on campus. “As we look backat the history of desegregation, Kyron’sexperience illustrates how far we stillhave to go in combating racism.”

Although more comprehensive diver-sity training will begin next fall atBullock Creek, it is not soon enough forfifteen-year-old Kyron. He has alreadydecided to attend high school in a differ-ent school district next year.

“I just want the nightmare to be overand to go back to being a teenager,” saidKyron. “If what I experienced somehowends up helping someone else, I will behappy.”

Michael J. Steinberg handled the casewith the assistance of two ACLU lawinterns, Dan Scripps and Tiffani Smith.

SU

MM

ER

2004

9

WHEN CHILDREN

GO TO SCHOOL

THEY SHOULD NOT

HAVE TO FEAR

THAT THEY WILL

BE BEATEN UP

BECAUSE OF THE

COLOR OF THEIR

SKIN.

AFTER EIGHT YEARS of a court struggle,the Michigan Court of Appeals ruled inApril that a citizen has the right to expressan opinion about a police officer’s abilityto perform his duties without fearingretaliation. The citizen, Richard Mach,was represented by the American CivilLiberties Union of Michigan.

“Whenever there is abuse by govern-ment officials, citizens should be encour-aged to report it,” said Michael J.Steinberg, ACLU of Michigan LegalDirector. “This decision assures victimsof police misconduct that they may reportbad cops without fear of being penalizedfor expressing their views.”

In 1995, psychologist Richard Machdrove down a Flint street when he cameupon an accident scene. Seeing theblocked lanes, Dr. Mach drove up next toa police car to ask the officer for instruc-tions on how to proceed through the area.

According to Dr. Mach, Flint PoliceOfficer Daniel Allen stormed out of thepatrol car and began angrily shouting inan aggressive manner. Officer Allen thenissued Mach a ticket for ignoring a policebarricade and threatened to arrest him ifhe did not leave in three seconds.

Dr. Mach was shaken by the intimi-dating and threatening manner in whichhe was treated. He wrote a letter to thepolice chief and sent copies to other offi-cials about the encounter. He stated in theletter that, as a psychologist, he believedOfficer Allen was a danger both to thecommunity at large and to himself. Hefurther said that Officer Allen should betaken off street duty until a counselorfound him fit to return to duty.

Officer Allen was never disciplined bythe Flint Police Department for the inci-dent, but filed a lawsuit against Dr. Machfor slander which the Genesee CountyCircuit Court dismissed. Officer Allenappealed.

In an opinion issued April 27, a unan-imous 3-judge panel of the MichiganCourt of Appeals held that Dr. Machcould not be liable for expressing his per-sonal impression of Officer Allen: “[A]review of defendant’s statements indicatesthat defendant expressed opinions aboutplaintiff, and that his commentsamounted to subjective assertions” thatcannot serve as a basis for a slander law-suit.

“I believe that the ultimate purpose ofthis lawsuit was to intimidate me andother citizens from reporting police mis-conduct,” said Dr. Mach. “Despite thestress and expense of this lawsuit, Irefused to succumb to their transparentattempt to threaten my First Amendmentrights to dissent. I urge all citizens in likecircumstances to assert their right tofreely speak their minds about any per-ceived governmental abuse.”

“Dr. Mach had to fight for over eightyears to be free of this lawsuit,” saidDaniel Quick, the ACLU volunteer attor-ney who handled the appeal. “While hisconstitutional rights to free speech havebeen vindicated, people should not haveto go through this emotionally painful and

financially burdensome experience. TheMichigan Legislature should act to helpprotect Michigan citizens from thesesorts of onerous lawsuits.”

The ACLU has been advocating forstate legislation to deter what is known as“SLAPP suits” or “strategic lawsuitsagainst public participation.” The lawsprovide for expedited dismissal ofSLAPP suits when the purpose of the suitis to stifle free speech and make the plain-tiff liable for the defendant’s attorneys’fees in those cases. Several states alreadyhave Anti-SLAPP laws on the books.

COURT RULES CITIZENS HAVE RIGHT TO CRITICIZE POLICE

SLAPP SUIT THROWN OUT

To read the ACLU brief on appeal,

go to http://www.aclumich.org/modules.php?name=Sections&op=viewarticle&artid=110

To read the Court of Appeals opinion, go to

http://www.aclumich.org/modules.php?name=Sections&op=viewarticle&artid=111

ACLU REACHES AGREEMENT WITHMICHIGAN SCHOOL AFTER BLACK STUDENTIS ATTACKED IN “KKK GAME”

ON JUNE 28TH WE HONORED ourDeSilver Society members with a recep-tion at the Townsend Hotel inBirmingham. Of course we appreciate allof our donors–those who support us bygiving to our annual gift campaigns, buy-ing tickets and tables at our annual dinner,giving monthly gifts via their credit cardsor gifts in honor or memory of friends andloved ones. But there is something veryunique and special about those donorswho make the ultimate philanthropic gift– the planned gift.

We honor and thank those whose mostimportant life plans include the ACLU ofMichigan. Our DeSilver Society donorshave included us in their plans in a vari-ety of ways, all leading to one incredibleoutcome–the sustained life and stabilityof the ACLU of Michigan for generationsto come. When they include us in theirWills or Living Trusts as beneficiaries orname us as beneficiaries to a CharitableRemainder Trust or Life Insurance policy,or support us through a Pooled IncomeFund or Gift Annuity they tell us theydeeply care about the work we do nowand the work we will do years from now.

In order to enhance our financial sta-bility, the ACLU of Michigan set up a spe-cial endowment in the mid 1980s to befunded solely through bequests. Becauseof the many planned gifts that we havereceived, that endowment is now valued atover $1.2 million. In addition, we havesent at least $800,000 to our nationaloffice with whom we share these gifts. Wemanage these funds wisely and take only

a small amount each year to support ourgeneral program.

Many of our bequest gifts have beenfrom long-time supporters of the ACLUof Michigan. Sometimes, very interest-ingly, we receive gifts from people wenever knew. Either way, we appreciate theforethought, planning, and sacrifice thatgoes into every planned gift. We feel hon-ored and grateful to be connected to whatis essentially our donors’ legacy.

Planned gift donors come from allwalks of life and gifts are many differentsizes and inside many different gift vehi-cles. Last year we received our largestestate gift so far of $1.2 million througha trust. Already this year, we have noticeof another forthcoming gift of $20,000from a donor who never gave to theACLU during her life, but so appreciatedthe work done by her friends on theACLU of Michigan board that she gavethe gift in their honor. Thank you to allwho have given and to all of those familymembers, attorneys, and estate adminis-trators who help facilitate the gifts andpresent them to us.

If you are interested in learning moreabout how to include the ACLU ofMichigan in your estate plans, please con-tact your attorney or financial planner orcall us to discuss options and opportuni-ties. Planned and estate gifts are not onlyof tremendous benefit to us, they are giftsthat often provide unique tax benefits aspart of your overall financial plan.

SU

MM

ER

2004

10

THE STATE BOARD OF DIRECTORS iscomprised of delegates elected by each ofour nine branches. Each branch receivesa designated number of seats based uponthe membership within their geographicalregion, for a total of 50 seats.

In 2002, the State Board created anadditional category of “at-large” boardmembers to improve board diversity.These delegates are nominated by thestate board and elected by the entireACLU membership.

With a recent board reorganization,the number of at-large seats now com-prises 5 seats which is 10% of the totalnumber of state delegates to serve threeyear terms beginning in 2004. The fol-lowing 6 people have been nominated tofill the 5 at-large positions: (Vote for upto 5.)

MO ABDORABOH, DEARBORNMo is an attorney in private practice in

Dearborn. He is a member of theMichigan Department of Civil RightsBoard of Commissioners. He has beenactive with the ACLU and the Arab Anti-Discrimination Committee (ADC). TheADC recently named him Pro BonoAttorney of the Year. He has served as anat-large delegate since 2002.

EVA GARZA DEWAELSCHE, DETROITEva is President of SER Metro Detroit,

a workforce development, non-profitorganization. She is the former ExecutiveDirector of LA SED, a large social service agency serving the Hispanic community in Southwest Detroit. She isco-chair of ALPACT, a statewide coali-tion of civil rights organizations and lawenforcement agencies working on socialjustice issues. She has served as an at-large delegate since 2002.

SHAWN K. JACQUE, OAKLANDShawn is Senior Counsel for the

Detroit Diesel Corporation. He is a grad-uate of the University of Michigan(1989) and received his J.D. from theState University of New York at BuffaloLaw School (1992). He started in civil lit-igation with Edwards & Jennings, P.C., aplaintiffs lawfirm and went on to practice

defense litigation as AssistantCorporation Counsel in the City ofDetroit Law Department’s litigation sec-tion. In 1995 he became an AssistantProsecuting Attorney for Wayne County,during which time he prosecuted criminalcases in the trial division, the juveniledivision and the prosecutor’s auto theftunit.

In 2001 Shawn was appointed as anAssistant United States Attorney andprosecuted federal firearm and controlledsubstance violations for the generalcrimes unit. He has served as an at-largedelegate since 2003.

RUBINA S. MUSTAFA, DETROITRubina is a staff attorney with the

State Appellate Defenders Office, repre-senting indigent criminal defendants onappeal from their trial and plea-basedconvictions. She is a graduate of theUniversity of Chicago (1988) and DetroitCollege of Law (1994). Ms. Mustafaworked at Dykema Gossett after gradua-tion and later clerked for the HonorableRobert P. Young, Jr. during his tenure onthe Michigan Court of Appeals.

Ms. Mustafa has a background insocial work with Catholic Social Servicesof Wayne County. Ms. Mustafa currentlyserves as a Director-at-Large for theboard of the Woman Lawyers’Association. She has served as an at-large delegate since 2002.

SHARON ROEPKE, KALAMAZOOSharon is the Executive Director of the

Resource Center, agency for LGBT com-munity. She has served as an at-large del-egate since 2002.

ANNETTE E. SKINNER, LANSINGAnnette is an attorney in private prac-

tice who specializes in disability law. Sheis former president of the Stonewall BarAssociation and former Commissioner ofthe State Bar’s Open Justice Commission.She has co-authored and edited severalmanuals for people with disabilities andadvocates about legal rights related toHIV. She has served as an at-large dele-gate since July 2002.

VOTE FOR UP TO FIVE OF THE FOLLOWING:o MO ABDORABOH o EVA GARZA DEWAELSCHE

o SHAWN K. JACQUE o RUBINA S. MUSTAFA

o SHARON ROEPKE o ANNETTE E. SKINNER

Please return the completed ballot to:

ACLU of Michigan60 W. Hancock

Detroit, MI 48201-1324

CREATE A LEGACY OF LIBERTY:SUPPORT THE

AMERICAN CIVIL LIBERTIES UNION FOUNDATION

Nearly four generations ago, a handful of Americans established the American Civil Liberties Union, in the conviction that patriotism

requires a vigilant defense of the Bill of Rights.

Today, more that 330,000 individuals support that purpose through their membership in the ACLU.

But as Albert DeSilver, one of the founders, realized long ago, it takes more than inspired leaders and mailing lists

to sustain a vision through decades of war, crises and inconceivable change.

It takes a commitment to the future defense of civil liberties far beyond your own lifetime.

DeSilver (1988-1924) was the first person to leave the ACLU a financial legacy upon his death.

Today, more than 1,700 have joined him by including the ACLU Foundation in a bequest, retirement plan,

beneficiary designation or other legacy gift.

Members of the DeSilver Society, as this special group of supporters is known, discover that they can make substantially larger gifts

than they ever thought possible, while taking steps to secure the Bill of Rights for future generations.

There are tax and financial benefits to legacy gifts.

You may choose from a number of options to find a planned giving arrangement best suited to your wishes and individual financial situation.

You may even establish a gift that provides you or your loved ones with income for life, or for a term of years.

To learn more about becoming a member of the DeSilver Society and the many tax and financial benefits of making a legacy gift to the

ACLU Foundation, please contact:

ACLU of Michigan

60 W. HancockDetroit, MI 48201

(313) 578-6815

CELEBRATING A LEGACY OF GIVINGMEMBERS, YOUR

VOTE IS NEEDEDAT-LARGE NOMINEES TO STATE BOARD OF DIRECTORS

If you are an employee of the State of Michigan, please contribute to us

during the upcoming State Employees’ Combined Campaign. Our

Designation Code is 7501. Your tax deductible payroll deduction will

support the programs of the ACLU Fund of Michigan.

ACLU of Michigan • 60 W. HancockDetroit, MI 48201 • (313) 578-6815

DETROITSusan Titus, PresidentKen Ayouby Penny Beardslee Heather Bendure Sheila Cummings Linda Darga Benjamin H. Davis David Elsila Mimi Gendreau Leonard L. Grossman Millie Hall Nathan Head Mimi Helveston Terry Howcott Alan Kaufman Von D. Logan James M. Maceroni Reginald McGhee Marianne Y. McGuire Jeffrey Montgomery Harold Norris Eugene V. Perrin Bob Pettapiece Saura James Sahu Gary Sarto Ethel Schwartz Martin Seldon Ralph Simpson Kim Stroud Donald Unis Steven Walker Jacquelin Washington Yvonne Willaims-Houilles

WESTERN Peter Armstrong, President Miriam Jane Aukerman Charles Bearden Lana Boldi Gary Gershon Robert Goodrich Jim Grant Mary Grant Gail Harrison Robert Jaehnig Dirk Koning Earle Irwin Thomas Logan Kate Lynnes Imelda Martinez Syed Naqvi Michael Nelson M.C. Porter Juan Salazar Jeffrey Seaver Jeff Smith Sarah A. Smith Gregg Stuart Jerry Subar Carla Vissers Lee Nelson Weber

WASHTENAW David Santacroce, PresidentKristine Abouzahr Leslie Desmond Alvia Golden Nazih Hassan Natalie Holbrook Martha Jones Lander McLoyd Mudhillun MuQaribu Carmelita Mullins Mary Rave Tom Root Gayle Rosen Doug Smith Naomi Woloshin

FLINT Greg Gibbs, PresidentCarol Bekofske Orene Bryant Elizabeth W. Downie Greg Fiedler Harold Ford Mark Jurazel Olof Karlstrom Glenn Simmington Audrey Stephens Doris Suciu

LANSINGCarolyn Koenig, President Frederick M. Baker William B. Caste Ted DeLeon Joe Finkbeiner Bill “Fleener, Jr.” William Flory Alan Fox John Gear Heidi Hagen Paulette Hatchett Stacy Hickox Lynn Jondahl Bob Kennon Megan Lozen Michelle Lyons Steve Manchester Lynne Martinez Theresa Melendez Mary Pollock Paul Pratt Mark E. Rilling Henry Silverman Chris Swope Joe Tuchinsky James VandeBunte Erick Williams

NORTHWEST Steve Morse, President Paul I. Bare Kristen Campbell James D. Gamble Alice Hansen Deborah Lynn-Rysso Lizbeth Messing Roger Muldavin Matthew Posner Albert T. Quick Deanna Rosser Richard Sanderson John Shields Lee Ann Sterling Alan G. Thompson

SOUTHWESTJames Rodbard, PresidentHugh V. AndersonAriel AndersonFinchem BenDonald J. BrownDon BrownLipson DanielSean DurossHannelore Z. EckKish EnticeJohn FisherLeigh FordMikell GriffithCarl JordanPeter KobrakAshlyn KuerstenAli LabibJerry McNeelyNelmes SueRobert WalkerFoaud Zeaiter

OAKLANDNorris Lee, President Shareef AkeelGerry BarclayJerry BayerSteven CozartBarbara DeMarco Richard Frank Donald Gasiorek John Grenke Terry Hall Kristie Killough-Ali Jan Leventer Micki Levin C.J. Peters Pravina Ramanathan Christine Rosenbalm Tom Schram Elaine Schuster Rozanne Sedler Elsa Shartsis Bob ShecterLynn ShecterDan SteinhardtRobert L. “Willis, Jr.”Cherilyn Ross-Blair

CENTRALDavid Smith, PresidentLarry BartkowiakMaqsood ChoudaryKristine DanowskiRobyn D’ReauxAnthony KozubalDierdra KnoxDick Maltby

Jim MenteleRitchey NewmanLolita PfeiferJohn ScaliseMartin ShackelfordArt SmithDick VonKorff

SU

MM

ER

2004

11

On the opening night of Michael Moore’s new film, Fahrenheit 911, the ACLUmade its presence felt in theaters across Michigan. Close to 30 volunteers in6 cities distributed ACLU literature and membership applications. Over 1000brochures were given out in Kalamazoo, Flint, Ann Arbor, Royal Oak,Southfield and Dearborn – in some cases they were literally grabbed offtables following the film. Moore’s film was in danger of not being releaseddue to the controversial issues that it raises, including the USA PATRIOT Actand other post 9/11 executive orders and policies.

A VOICE OF SUPPORT FOR THE ACLUThis letter to the editor appeared in the Detroit Free Press, May 16, 2004

Right on, ACLU!

When Stevenson High School in Sterling Heights sought to censor a student’s

Bible verse for the yearbook, high schooler Abbey Moler knew enough to turn to

the American Civil Liberties Union.

Yet the Free Press opined in its May 12 article (“ACLU gets Bible verse back in

local yearbook”) that the ACLU was among “unexpected sources” for help in her

defense. Likewise, when the ACLU filed a brief helping Rush Limbaugh protect

the privacy of his medical records, the news media acted surprised.

But both of those cases were quintessential ACLU. Its mission has nothing to do

with taking a liberal or conservative stance on individual issues such as religion

or pornography. Its only mission is to defend civil liberties wherever and when-

ever it can. In the process, it lets the chips fall left or right as they may.

The Bible verse Abbey Moler chose was perfect for a yearbook. Thanks to the

ACLU for helping her stand up to those who would censor it.

Wesley Eric Nichols

Garden City

ACLU OF MICHIGAN BRANCHBOARD MEMBERS

The ACLU of Michigan has nine branches across the state comprised of volunteers, each with its own board of directors.* Branch board members work very hard on localissues and are the back bone of our organization. Listed below are the women and men who are often the first point of contact for many people who need the ACLU. To contacta branch in your area, go to www.aclumich.org and click on the Michigan mitten for contact information.*Branches recently held local elections. We hope that the information provided here is accurately reflected.

CIVIL LIBERTIESNEWSLETTER60 W. HancockDetroit, MI 48201-1342

Non-Profit Org.U.S. Postage

P A I DDetroit, MI

Permit No. 1078

D O N ’ T M I S S T H I S !

November 20, 2004The ACLU of Michigan Annual

Dinner

At The Henry Ford Museum

Keynote Speaker:Governor Howard Dean

Watch for more information

on the ACLU website at www.aclumich.org

or call 313-578-6815

If you are celebrating

your 50th year as an

ACLU member, please let us

know by calling (313) 578-6801

GIVE A GIFT OF MEMBERSHIP!o Yes, I want to become an ACLU member by making a gift of:

o $20 Individual o $30 Joint o $35 Contributing o $75 Supporting o $125 Sustaining

o $5 Limited income/student

Please accept my tax-deductible donation in the amount of: o $250 o $500 o $1,000 o Other________

Please charge my credit card: Card Number ___________________________________________

Exp. Date______Amount ________________

Authorized by ________________________________________________________________

Name _________________________________________Phone __________________________

Address __________________________________________________________________

City/State/Zip_________________________________________________________________________

(Make checks payable to the ACLU. Membership dues are not tax-deductible.)