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CIVIL LIBERTIES IN ARIZONA

IN THIS ISSUE:
ARIZONA RIGHTS RESTORATION CAMPAIGN
LATEST COURT HAPPENINGS
ANNUAL CIVIL LIBERTIES CELEBRATION
VOLUME NUMBER 36, ISSUE NUMBER 1, SPRING 2007

APPEALS COURT STRIKES DOWN ARPAIO ABORTION BAN


A
n Arizona court of appeals recently struck Project, and a team of pro bono attorneys
down as unconstitutional a policy denying from the firm of Lewis and Roca filed a law-
women in Maricopa County jails access to suit in May 2004 on behalf of a pregnant
abortion care. The ACLU filed the lawsuit to prisoner who was denied access to abortion
defend the rights of women prisoners to obtain
timely, safe, and legal abortions. services.
"The court of appeals has confirmed In August 2005, the Superior Court of
our position that Maricopa County Sheriff Joe Maricopa County struck down the jail's poli-
Arpaio cannot ignore the medical needs of cy, holding that it violated women's reproduc-
prisoners simply because he does not agree tive rights. On January 23, 2007, an Arizona
with the decision to end a pregnancy," said state appeals court upheld that decision.
Alessandra Soler Meetze, Executive Director Sheriff Arpaio has maintained this policy
of the ACLU of Arizona. "A woman in jail throughout his tenure, consistent with his
has a right to make her own decision about well-publicized stance against abortion and
whether to have a child." his 'America's toughest sheriff' persona. In
At issue was an unwritten Maricopa fact, Arpaio himself has admitted that under
County policy prohibiting jail officials from this policy, "The gal may have the baby by
transporting a prisoner to obtain an abortion the time [the case] gets through the court sys-
unless she first received a court order. The tem."
ACLU argued that the policy served no legiti- Sheriff Joe Arpaio has maintained this abortion policy throughout Lawyers on the case include Brigitte
mate purpose because the jail regularly trans- his tenure. Amiri, Talcott Camp, Jennifer McAllister-
ports prisoners without a court order for all other necessary medical Nevins, and Charu Chandrasekhar with the ACLU Reproductive
care, including prenatal care and childbirth. The jail also regularly Freedom Project. Attorneys Susan A. Anderson, Jane E. Reddin, Sonya
transports prisoners for various non-medical reasons, including to visit Parrish-Boun, and Susan Freeman, who were also involved in the case,
terminally ill family members or attend relatives' funerals. were recently honored by the ACLU of Arizona for their outstanding
The ACLU of Arizona, the ACLU Reproductive Freedom commitment to reproductive rights. See story on page three.

ACLU OF ARIZONA 2007 LEGISLATIVE UPDATE


T
he Arizona Legislature roared into action on January 8, and is sched- Repealing Provisions of REAL ID (SM 1003 & striker amendment
uled to adjourn on April 14, though lawmakers will likely extend to SB 1152 ): SUPPORT these two pieces of legislation in Arizona that
beyond the 100-day session Here are some key measures we are address REAL ID. SM 1003 urges Congress to repeal provisions of the
working to advance — or block — in the 2007 Legislature.
REAL ID ACT, which federalizes state driver's licenses by imposing
Voting Rights Restoration (SB 1623): SUPPORT this bill as an regulations on how they are issued, turning them into America's first-
omnibus election reform bill; it includes provisions related to felon ever national identity cards. The SB 1152 striker amendment prohibits
enfranchisement. The bill automatically restores the right to vote for the state from implementing REAL ID in Arizona. The ACLU opposes
felons upon completion of probation or discharge from imprisonment. REAL ID because it could compromise Arizonan's privacy rights
By automatically restoring the right to vote (but not all other rights), through the creation of a single, interlinked national database of ID
this bill represents positive reform. information.

Government Regulation of Campus Speech (SB 1542): OPPOSE Speedy Trial Capital Cases (S.B. 1286): OPPOSE this bill because it
this bill because it restricts free speech on K-12 and university campus- would impose unreasonable 18-month speedy trial deadlines in all capi-
es by giving politicians the ability to dictate what can and cannot be dis- tal cases in Arizona. This bill, which states that trial must be held within
cussed in the classroom. It states that teachers many not "Advocate one 18 months of the filing of a notice of intent to seek the death penalty,
side of a social, political or cultural issue that is a matter of partisan fails to recognize that lawyers representing indigents accused of capital
controversy." Effectively, it would prohibit political science teachers crimes must have adequate funding and resources to do the job. In
from discussing the pros and cons of any issue. Maricopa, for example, there is a shortage of qualified attorneys to rep-
resent indigents accused of capital cases.
DNA Collection for Arrestees (HB 2611): OPPOSE this bill because
it would allow local law enforcement agencies to collect DNA samples
ACLU-AZ Online
ACLU-AZ Online

from anyone arrested for a felony offense, even though they have not For a full legislative wrap on all the bills
concerning civil libertites visit:
yet been convicted of a crime. The ACLU opposes this measure
because it doesn't mandate the destruction of samples when there are no wwww.acluaz.org
matches, and there are no strict limitations on who can access this and
extremely sensitive information, creating a serious intrusion on personal Join the ACLU-AZ email announcement
privacy. Some law enforcement officials believe too much money is list to keep up -to-date with the latest
being spent on this DNA technology, and not enough to put cops on the ACLU happenings by emailing:
streets or allow investigators to follow-up on leads.
grassroots@acluaz.org

Phoenix, AZ
Postage Paid Phoenix, AZ 85011
Periodicals P.O. Box 17148
American Civil Liberties Union of Arizona
ACLU-AZ BOARD OF
DIRECTORS MESSAGE FROM THE EXECUTIVE DIRECTOR
Officers: BY ALESSANDRA SOLER MEETZE
Bob Meitz

T
President his is the 48th year of the ACLU of Arizona’s
Seth Apfel existence, and we're stronger than we've ever
Vice President been. We have to be — as the civil liberties chal-
Dave Perlin lenges we face are increasingly greater.
Vice President
Alice Bendheim With the passage of Prop 200, Arizona
Treasurer became the first state in the nation to implement a
Michael Elsner
Secretary
proof-of-citizenship requirement in order to register
Mimi Currier to vote. Also, we implemented one of the country's
Secretary strictest voter ID provisions that keep eligible voters
Rivko Knox away from the polls. The ACLU is challenging the Alessandra Soler Meetze, Executive Director of ACLU-AZ,
Secretary speaking at the Annual Civil Liberties Celebration.
law in federal court.
Steve Lee is spearheading a coalition to promote comprehen-
General Counsel sive sex education.
With Prop. 300, Arizona became the first
Board Members: state in the nation to deny hard-working, albeit
Tracy Brown undocumented, young people the right to pay the We have the second lowest rate of spending
Janice Brunson same college tuition rates as their classmates. Since per pupil in education, yet we have the country's
Charles Calleros largest selection of "school choice" programs that
Carolyn Sugiyama Classen
2001, ten states, including Utah, Nebraska and
Kansas, have done the exact opposite by passing funnel taxpayer dollars away from public schools
Ted Downing
Carole Edelsky laws allowing undocumented immigrants to pay in- and into the coffers of private, sectarian institutions.
Gloria Furman state tuition costs at state universities. The ACLU is The ACLU is challenging four voucher type pro-
Stan Furman supporting legislation in Arizona and at the federal grams in Arizona.
Dr. Maqbool Halepota
Ken Jacuzzi
level that expands educational opportunities for
undocumented students. With one out of five African-Americans ineli-
Victor Pawlak
gible to vote because of a felony conviction, Arizona
2 Dr. M. Mujahid Salim
Sonja Stupel
Alberta Tippeconnic
Maricopa County ranks at the top of the list has the third highest rate of disfranchisement among
Blacks in the country, making it even more neces-
of communities with death penalty cases — far more
VOLUME NUMBER 36, ISSUE NUMBER 1, SPRING 2007

Carolyn Trowbridge sary for us to advocate on behalf of a policy that


Bill Wootten
than Harris County, Texas, called the "death penalty
capital" of the U.S. Additionally, Maricopa County automatically restores the voting and civil rights of
Jeffrey Zonis
Attorney Andrew Thomas is pushing legislation to ALL felons after the completion of their sentences.
fast track capital cases. The ACLU is co-sponsoring
ACLU-AZ STAFF a conference on the problems with the Arizona death As you can see from the destructive list
penalty system on April 14th at ASU. above, civil liberties in Arizona are under siege and
Staff: the ACLU is the first responder seeking to protect
Alessandra Soler Meetze
Executive Director Despite having the second highest teen preg- these liberties. But, we can't continue to defend civil
Dan Pochoda nancy rate in the nation, Arizona receives millions in rights without your help. If you're interested in
Legal Director funding to support abstinence-only programs that learning more about any of these projects, please
Andy Halterman don't hesitate to contact me at ameetze@acluaz.org
Development Coordinator
censor vital information about pregnancy prevention
and prohibit teachers from talking to students about or by phone. Without loyal supporters like YOU,
Lindsay Nordstrom
Office Coordinator how to protect themselves from STDs. The ACLU our work would not be possible!
Kaysi Holman
Program Coordinator
ACLU WORKS TO END FELON VOTING BAN
PUBLISHING
hardship that realistically means the great majority

F
INFORMATION elon disfranchisement laws remain the most sig-
nificant means of preventing people of color of former felons cannot afford to have their rights
from having a voice in the political process. restored, despite this provision of the law.
Published Quarterly By: Though nearly every state disfranchises people con- Arizona is also one of six states that impose a
American Civil Liberties victed of a felony offense, there is no uniformity to lengthy waiting period of two years even after com-
Union of Arizona disfranchisement provisions nationwide.
77 E. Columbus Ave., Arizona maintains the nation's 8th highest pletion of a sentence. People with multiple felony
Suite 205 rate of disfranchisement, with one of every 23 citi- convictions who served time in any state correctional
Phoenix, AZ 85012 zens unable to vote. An estimated 176,103 persons institute must wait TWO YEARS from the date of
Phone: (602) 650-1967 their "absolute discharge" before even applying to
Fax: (602) 650-1376
are disfranchised in the state as a result of a felony
conviction. have their rights restored, resulting in fewer people
www.acluaz.org
Although Arizona has a relatively modest actually becoming involved in the process.
Civil Liberties in Arizona Black population, the disfranchisement rate for In addition, there is no state agency that com-
(ISSN 0164-4475) African Americans is the third highest nationally, piles data on how many people actually apply to
Periodical postage paid at have their rights restored, which means there is no
Phoenix, AZ
with one of every five (21.08%) adults ineligible to
vote. The impact on other minorities in Arizona is means of assessing the impact of the state's voting
Postmaster: of particular concern, since they are overrepresented ban over time.
Please send address in the Arizona prison population due to a misguided Because every vote counts, the ACLU-AZ is
changes to: war on drugs. conducting a public education campaign informing
77 E. Columbus Ave., individuals with felony convictions of their right to
Suite 205
According to a MALDEF report on the
impact of disfranchisement laws on the Latino com- vote. We are doing extensive outreach, including
Phoenix, AZ 85012
munity, 5.5% of all Latinos of voting age in Arizona advertising and collaborating with a broad coalition
Your comments and sug- are denied the right to vote. Data detailing the of groups to distribute brochures informing people
gestions for “Civil Liberties impact on Native Americans is relatively unknown, about how to restore their voting rights. In addition,
in Arizona” are welcome we're hosting rights restoration workshops to assist
Please email:
however, in a state that disqualified Native
Americans from voting because they were under former felons with the process and plan to publish a
ahalterman@acluaz.org
"federal guardianship," it's hard to deny the implica- report to help raise public awareness about the nega-
tions of this voting ban. tive impact of this ban on voting rights.
Former felons with only a one-count felony If you're interested in volunteering for this
conviction are able to have their rights automatically project, please contact Alessandra Soler Meetze at
restored upon absolute discharge from the Arizona 602-650-1854 or via e-mail at ameetze@acluaz.org.
Department of Corrections and/or completion of all Voting is one of the most precious rights in our
aspects of probation. However, they must still pay all democracy—every Arizonan should have the oppor-
court-ordered fines before registering to vote — a tunity to fully participate in the electoral process.
ACLU IN THE COURTS
BY DAN POCHODA porate tax credit program that gives businesses federal district court in order to allow further
tax breaks (and diverts moneys that would oth- review and to forestall deportation until the
School Vouchers ( Cain v. Horne ): erwise go into general funds), and funnels mil- legal arguments could be considered on
The ACLU is one of the plaintiffs in lions of taxpayer dollars to private sectarian February 8, 2007. But, prior to that date and
this litigation with statewide educational, schools. At issue is the Corporate Tuition Tax without notice to the attorneys, the court dis-
teacher, and school board groups, and parents Credit Act that allows businesses to “offset solved the stay and ICE officials acted, literally
of school children. The lawsuit challenges two their taxes” by making cash donations to pri- in the middle of the night, and transported Ms.
statutes enacted by the Arizona Legislature last vate “school tuition organizations;” the bulk of Uribe-Reyna to Mexico; she was told that she
session. These statutes authorize the state to the money will go directly to sectarian institu- could call her attorneys from Mexico. The
pay tuition at religious and other private tions. On March 6, 2007, ACLU cooperating ACLU has now filed an appeal to the Ninth
schools for a limited number of children. attorney Marvin Cohen, of Sacks Tierney, Circuit Court of Appeals and is lobbying state
Plaintiffs maintain that the statutes violate pro- argued in opposition to defendants’ motion to and federal officials to intervene and reunite
visions in the Arizona Constitution that prohib- dismiss this case. Although Maricopa County the family in the United States.
it state-funding of such religious and private Superior Court Judge Janet Barton dismissed
schools. the lawsuit a few days later, the ACLU plans to Prison Conditions ( Harris v. Cardwell ):
Most of the schools accepting vouchers appeal. This case involves an ACLU suit that
pursuant to this statutory scheme are private, resulted in a comprehensive consent decree
sectarian institutions. This diverts limited pub- Expedited Removal Challenge ( Uribe-Reyna ): that was entered by the federal district court
lic resources from the already underfunded On January 31, 2007, the ACLU thirty years ago. The decree requires changes
public school system. After the Arizona Immigrants’ Rights Project and the ACLU of in a number of practices in the Florence Prison
Supreme Court declined to hear this matter as Arizona filed an emergency request to halt Complex, including medical services. The state
a Special Action on February 20, 2007, a com- deportation proceedings against Sylvia Haydee is now seeking termination of the decree pur-
plaint was filed in the Superior Court as the Uribe-Reyna, a Glendale woman with three suant to the Prison Litigation Reform Act.
first step in the trial process. U.S.-born children who has been living in this ACLU cooperating attorney Nick Hentoff is
country for 22 years and is married to a legal representing the prisoners and has filed a brief
Corporate Tax Credit ( Green v. Garriott ): permanent resident. As argued by the ACLU, in opposition to this request. He is seeking the
In September 2007, the ACLU, on these factors make Ms. Uribe-Reyna eligible to appointment of an independent monitor to
behalf of parents with children in public
schools, filed suit challenging a state-run cor-
stay in the United States. A Temporary
Restraining Order was initially granted by the
evaluate present conditions at the
prison. 3
2007 ANNUAL CIVIL LIBERTIES CELEBRATION

VOLUME NUMBER 36, ISSUE NUMBER 1, SPRING 2007


E
very year, the ACLU of Arizona holds its Annual Auction Donors Made Art Boutique
Civil Liberties Celebration to reflect on the past Afida Adams Sarah McGarry
year’s accomplishments, give credit where credit is Merle & Donita Albright Native Spirit Indian Art
due and have a good time. This year’s celebration, held
on February 23rd, was graciously hosted by Eddie Basha Anonymous Lois Pfau
at the Zelma Basha Salmari Gallery of Western & Native Seth Apfel Phoenix Suns
American. Along with food and fun, this year’s celebra- Suzanne Baird Diane Ross
tion featured a silent auction that was made possible by
our generous event sponsors. Bentley Projects Phyllis Rowe
This year, we also honored the team of attorneys that City Bakery Poisoned Pen Bookstore
fought courageously to defend women’s reproductive
freedom in Doe v. Arpaio. Susan E. Anderson, Jane E. Copper Star Coffee Kate Samsa
Reddin, Sonya Parrish-Boun, and Susan Freeman helped Coronado Cafe Sound Foundation
to defeat Sheriff Joe’s unwritten policy to deny women’s Cowboy Ciao Suddenly Slimmer
reproductive health care.
To the right is a list of our sponsors and below are some David Adler Inc. Taste of India
pictures from the event. Don’t worry if you missed out Design West Judith Walsh
this year, it will be back in 2008. In the meantime be sure
to support the sponsors who support the ACLU-AZ. This Don & Charlie's Restaurant
event would not have been possible without their contri- Dynamic Pathways Underwriters
butions. Earth Wisdom Jeep Tours Silver Sponsor:
El Charro Sacks Tierney PA
Gloria Furman
Jules Feiffer Bronze Sponsors:
Ken Jacuzzi Lewis and Roca LLP
J.W. Mariott Desert Ridge Perkins Coie LLP
Lowell Observatory

A very special thank you goes out to Tammy Fontaine,


Gallery Director, and the staff at the Basha Art Gallery. We
also want to thank the attendees and, of course, the volun-
teers who helped make this event a tremendous success.
Jose Cardenas (left) shares a laugh with guest of honor Arizona Attorney
General Terry Goddard (right), while introducing the honorees.

(From left to right): Jose Cardenas, Susan Freeman, Alessandra Soler Meetze, ACLU-AZ co-founder Alice Papcun posing for the camera while enjoying herself
Sonya Parrish-Boun, Jane E. Reddin, Susan E. Anderson, and Terry Goddard. at the Annual Civil Liberties Celebration.
ACLU IN YOUR COMMUNITY
CENTRAL CHAPTER winners will read their essays.
BY CAROL EDELSKY The ballots for our chapter elec-
tion were counted on February 16th.
Central Chapter has been busy Congratulations to our new board
for the past few months. ACLU-AZ members; Vera Berkman (2 year
Executive Director Alessandra Soler term), Michael Clarken (3 year term),
Meetze addressed an enthusiastic Judy Drickey-Prohow (3 year term)
crowd at the annual Chapter meeting Esther Ramirez (3 year term),
in November. At that meeting, the Francine Shacter (3 year term), Mary-
new Board of Directors was elected: Carol Wagner (3 year term), and Tod
Carole Edelsky, Michael Erdely, Dan Zelickson (2 year term).
Hileman, Gary Peter Klahr, Rivko On February 24th we staffed a
Knox, Kent Knudson, Tracy Lyons, table at Tucson's annual Peace Fair. It
Charlotte Marlin, Carolyn Maxon, was a good opportunity to sign up
and Robert Meitz. Newly elected ACLU-AZ President Bob Meitz (center) introduces guest speaker Robert McWhirter.
new members and volunteers, distrib-
Chapter officers for 2007 are: Dan ute literature, answer questions, and
Hileman, President; Gary Peter Klahr, Vice- prize ($200 for 1st place and $125 for 2nd sell merchandise.
President; RivkoKnox, Secretary; Robert place). In May, we will hold a free public
Meitz, Representative to the Affiliate Board; The Board, thinking it was taking on a forum to discuss the use of surveillance cam-
Carole Edelsky, Alternate Representative to the relatively minor task, has also begun work on eras in Tucson. The forum is still being
Affiliate Board. Chapter By-laws. After slogging through the planned, but we expect to invite the Mayor,
The Chapter hosted a Bill of Rights eighth draft, the Board is pleased to report that Chief of Police, and City Council members to
event in February at the InterTribal Council of a final draft appears to be near—or is that a serve as panelists.
Arizona. Legal scholar and public defender mirage?
Robert J. McWhirter delivered a humor-laced Please call the ACLU office (602-650- PRESCOTT CHAPTER
talk on the history of the Fifth Amendment: 1854) for details on how you can volunteer to BY DAVE PERLIN
help on future Central Chapter projects that,
4
"From Testicles to Dragnet: How the A small, but dedicated, group met last
5th Amendment Protects All of Us." for certain, will be more interesting than writ- month to watch the screening of "Democracy's
The presentation "responds to the ing By-laws. Ghost." (http://www.democracysghosts.org/)
VOLUME NUMBER 36, ISSUE NUMBER 1, SPRING 2007

movement toward originalism" in law, After the viewing, ACLU staff led a discussion
made popular by U.S. Supreme Court SOUTHERN CHAPTER about the statewide campaign to help inform,
Justice Antonin Scalia, who rejects the BY STEVE SLAFF educate, and reach out to former felons about
idea that the U.S. Constitution is a "liv- the rights restoration process. Several from the
ing breathing document." McWhirter In February, we began free screenings group will be driving down on March 22nd
presented the historical origins of the of the Freedom Files DVDs in local public and 31st to participate in the Maricopa County
Fifth Amendment, including the prac- libraries. We also use the gatherings to discuss rights restoration workshop for former felons.
tice of early Christians compelling Jews issues, pass out literature, and sign up new The group plans to meet again next
to swear on male genitalia when taking members. The screenings will continue at three month. For details on this meeting, please con-
an oath — a particularly loathsome locations monthly through November. tact: Dave Perlin at daper@cableone.net or
compulsion. McWhirter argued that The winners have been selected for this 928-778-5188.
"people should learn the real history. . . year's high school essay contest, which we
If [they] understand where it comes again conducted jointly with the University of EAST VALLEY CHAPTER
from, [they're] in a better position to Arizona College of Law Chapter. Generous BY BOB SANDSTEDT
argue what it should be." prizes will soon be awarded to the top three The East Valley Chapter is holding its
The February Bill of Rights students. It was so popular last year that we are popular annual Lasagna Bash at 6 p.m.
event also honored the winners of the again planning a public meeting where the Saturday, April 28, 6 p.m., at the Campus
Chapter's 2nd annual Bill of Lutheran Ministry, 340 E. 15th Street,
Rights Essay Contest for Tempe. Featured speaker Robert
high school students in McWhirter will give an entertaining
Maricopa County. This power point presentation on the 5th
year's topic was "The Bill of Amendment. In addition to the cama-
Rights: What's In It For raderie of the lasagna dinner, a slam
Me?" The winners, all from poetry demonstration, music by the
Alhambra High School, Close Enough String Band, and a leg-
were: Fehima Sharifi (1st islative report will complete this fun-
place); Etika Monarrez (2nd packed evening.
place); and Ashley Barnett, The Lasagna Bash is a fundraiser and
Felipe Flores, and Casseisha will request $20 per attendee ($10 per
Andrews-Staten (honorable student). For tickets call Jane at (480)
mentions). Sharifi and 831-3232.
Monarrez read their essays
and were each presented
with a plaque and a cash ACLU-AZ President Bob Meitz congratulates essay contest winner Casseisha Andrews-
Staton at Central Chapter’s most recent event.

WHO’S NEW AT THE ACLU-AZ?


Daniel Pochoda, Legal Director
In February 2007, Dan Pochoda began as the Legal Director of the ACLU of Arizona. Dan is a nation-
ally recognized civil rights advocate with over 30 years of litigation experience at the trial and appellate
levels, including experience arguing before the U.S. Supreme Court. Upon graduating from Harvard Law
School, Dan began his career with the Civil Rights Division of the U.S. Justice Department and focused
on enforcing the landmark Civil Rights Acts of 1964 and 1965. He taught for eight years at the City
University of New York School of Law, and on the law faculties of Santa Clara and New York
Universities. Dan’s introduction to Arizona came in 1989 upon appointment as Special Master by the fed-
eral court to oversee statewide prison decrees. In the past five years, Dan has served on the ACLU Legal
Panel and as a cooperating attorney on the case resulting in comprehensive change in the practices of the
DPS in order to reduce racial profiling throughout the state. He also served as lead counsel on the case
that ended the discriminatory policy for same-sex visitors to state prisons.
"The ACLU is very fortunate to have someone of Dan's talents and commitment to lead our legal program," said Alessandra Soler
Meetze, ACLU of Arizona Executive Director. "He brings valuable experience and a strong devotion to basic rights for everyone."
"I look forward to working with the organization that is in the forefront of the nationwide fight to safeguard the basic rights of all
persons against governmental intrusion," added Pochoda.