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IN THIS ISSUE:Who’s Spying Now? (Page 2)From The Capitol (Page 3)Thank You To Our Donors (Page 4)Donor Profile: Carolynn McAdams (page 5)If It Looks Like A Duck. (page 5)LGBT Project Update (page 6)From The Legal Director (page 7)From The Executive Director (page 8)The American Civil Liberties Union of Michigan60 W. HancockDetroit, MI 48201-1343(313) 578-6800www.aclumich.orgNUMBER 8 VOLUME 1 MARCH 2004LIVINGSTON COUNTYJAIL LAWSUIT SETTLEDI“This settlement is a real victory forwomen inmates who were deniedaccess to the jail’s work release program and who were victims of extremeprivacy violations by male guards,” saidKary Moss, ACLU of MichiganExecutive Director.Michael Pitt, one of the ACLUcooperating attorneys involved in thecase, added, “This settlement not onlybenefits the 131 women who are currently part of this class-action lawsuit,but will have enormous impact on anywomen who are in the LivingstonCounty Jail in the future.”The settlement includes: 850,000 settlement for privacyviolations and denial of access tothe work release program; The building of a six-bed dormitorystyle unit to accommodate workrelease inmates, similar to the existing unit for men, for womencharged with lesser offenses; Shower curtains to ensure privacy inthe shower area;U.S. SUPREME COURT TODECIDE IF MICHIGANCAN LIMIT LEGAL COUNSELFOR THE POOR A privacy wall surrounding the toiletarea in the holding area; Prohibition on cross-genderpat-downs when a same gendercorrections officer is on shift; Pads or mattresses consistent withhealth and safety concerns forinmates housed overnight in theholding area; Trustee assignments for qualifiedfemale inmates, similar to thoseassignments given to male “What’s at stake here is whetherMichigan will be required to give a fairshot at the appellate process to thosewho cannot afford their own attorney,”said David Moran, the ACLU cooperating attorney who will argue the casebefore the Supreme Court.In 1999, the Michigan Legislaturepassed a statute prohibiting the appointment of counsel in guilty plea casesexcept in limited circumstances. Thestatute has never taken effect becausethe federal district court in Bay Citystruck it down in 2000. In June, 2003the entire Sixth Circuit upheld theDistrict Court decision.The case is likely to be heard inOctober 2004.1ThudWe10n January 20, the U.S. SupremeCourt announced that it willhear arguments in a casebrought by the American CivilLiberties Union of Michigan in aconstitutional challenge to a Michiganlaw that limits court-appointedlawyers for the poor.The case, Tesmer v. Granholm, willdecide whether Michigan can deny anindigent person who has pled guilty toa crime the right to have an attorneyassist with his or her appeal from thesentence that the judge imposes afterthe plea. Since 1963, the United StatesSupreme Court has repeatedly held thatthe poor have the same right as thewealthy to the assistance of an attorneyfor a first appeal from any criminalconviction, and no State had attemptedto take away that right. Sensitivity training for new personnel pursuant to the standards of theMichigan Department ofCorrections.The case, Cox v. Horman, was filedin 2000 only after significant effortswere made to get jail authorities toimprove treatment without a lawsuit.Deborah LaBelle, a nationallyknown expert on women in prison wasa cooperating attorney in addition toMichael and Peggy Pitt of Pitt, Dowty,McGehee, Mirer and Palmer.9192018212928172616262524233130PULITZER PRIZE WINNING GAY CUBAN PLAYWRIGHT, NILOCRUZ, WHOSE PLAY “ANA IN THE TROPICS” WAS PERFORMEDON BROADWAY THIS YEAR, WILL APPEAR IN DETROIT ANDPRESENT READINGS FROM HIS PLAYS TO BENEFIT ACLU’SLGBT PROJECT. THE EVENT WILL BE AT THE ART EXCHANGEGALLERY IN DETROIT. THE RECEPTION WILL BEGIN AT 5:30P.M., READING TO BEGIN AT 6:30 P.M. TICKETS PRICES ARE 25- 50. WATCH THE WEBSITE FOR MORE INFORMATION ORCALL JAY KAPLAN AT (313) 578-6812.1M ARCH 2004DECEMBER2003n a victory for women prisoners, the American CivilLiberties Union of Michigan finally reached asettlement agreement in a class-action lawsuit toremedy Livingston County’s refusal to allow women inthe jail to use the work release program and remedythe mistreatment of women prisoners.

CREATE A LEGACYOF LIBERTY:SUPPORT THEAMERICAN CIVILLIBERTIES UNIONFOUNDATIONM ARCH 20042Nearly four generations ago, a handful of Americans established theAmerican Civil Liberties Union, in theconviction that patriotism requires avigilant defense of the Bill of Rights.Today, more that 330,000 individualssupport that purpose through theirmembership in the ACLU. But asAlbert DeSilver, one of the founders,realized long ago, it takes more thaninspired leaders and mailing lists tosustain a vision through decades ofwar, crises and inconceivable change.It takes a commitment to the futuredefense of civil liberties far beyondyour own lifetime.DeSilver (1988-1924)was the first person to leave the ACLUa financial legacy upon his death.Today, more than 1,700 have joinedhim by including the ACLU Foundationin a bequest, retirement plan, beneficiary designation or other legacy gift.Members of the DeSilver Society, asthis special group of supporters isknown, discover that they can makesubstantially larger gifts than theyever thought possible, while takingsteps to secure the Bill of Rights forfuture generations. There are tax andfinancial benefits to legacy gifts.You may choose from a number ofoptions to find a planned givingarrangement best suited to your wishes and individual financial situation.You may even establish a gift thatprovides you or your loved ones withincome for life, or for a term of years.To learn more about becoming amember of the DeSilver Society andthe many tax and financial benefits ofmaking a legacy gift to the ACLUFoundation, please contact:ACLU OF MICHIGAN60 W. HANCOCKDETROIT, MI 48201(313) 578-6815StaffKary L. Moss.Executive DirectorLeslie White-Jones .Development DirectorMichael J. Steinberg .Legal DirectorWendy Wagenheim.Communications DirectorNoel Saleh .Staff AttorneySafe and Free ProjectJay Kaplan .Staff Attorney LGBT ProjectKara Jennings.LGBT FellowShelli Weisberg .Legislative DirectorBrenda Bove .ParalegalCynthia Nicely.BookkeeperCarmetta Jones .Administrative AssistantOfficersJacquelin Washington .PresidentJoseph S. Tuchinsky.TreasurerHeather Bendure.SecretaryMark Granzotto .General CounselJim Rodbard.Executive VP ACLU FundCivil LibertiesNewsletterWendy Wagenheim, EditorPublished by theAmerican Civil Liberties Union /ACLU Fund of Michigan60 W. HancockDetroit, Michigan 48201-1343www.aclumich.orgWHO’S SPYING NOW?NOEL SALEH, SAFE AND FREE PROJECT STAFF ATTORNEYhe ACLU of Michigan, alongwith the ACLU national office,has become involved in an effortto disclose a new threat to Americans’privacy rights. The Michigan StatePolice are doing their best to keepits participation in an insidious newprogram a secret. We need to ask“Why?”TLast September, Congress voted toclose down the Pentagon’s TotalInformation Awareness (TIA) program.TIA would have allowed the federalgovernment to search and combine thevast amount of data that currently existsin government with commercial databases to create individual profiles ofeach of us. The program was thenrenamed Terrorist Information Awareness.Congress shut down that program as well.Unfortunately, the same data miningideas that inspired TIA have appearedagain in the guise of the MATRIX (MultiState Anti Terrorism InformationExchange). MATRIX, which is alreadyup and running, is a “data surveillance”program every bit as dangerous as TotalInformation Awareness.It then makes those dossiers available forsearch by federal and state law enforcement officers. In addition, MATRIX computer programs comb through themillions of files in a search for “anomalies” that may be indicative of terroristor other criminal activity.“It’s scary,” Florida’s candid intelligence chief Phil Ramer told theWashington Post. “It could be abused.I mean, I can call up everythingCivil Liberties Resolution TaskForces are active throughout theState of Michigan. Our ACLUbranches in Kalamazoo, Lansing,Grand Rapids, Oakland County,Detroit, Flint, Saginaw and TraverseWHAT IS MATRIX?MATRIX is a program that tiestogether government and commercialdatabases in order to allow the state andlocal police to conduct detailed searcheson particular individuals, and to searchfor patterns in this data that can identifyindividuals possibly involved in terroristor other criminal activity. The program’screators have refused to describe the contents of their database, except to concedethat it includes both government andcommercial data.According to congressional testimonyand news reports, MATRIX createsdossiers about individuals from government databases and private-sector information companies. The databases wouldinclude credit information, driver’slicense photographs, marriage anddivorce records, past addresses and telephone numbers, names and addresses offamily members, neighbors’ addressesand telephone numbers, business associates, the make, model and color of registered vehicles, speeding tickets, arrests,social security numbers and dates of birth.City all have establishedcommittees to sponsor resolutionswithin their communities.If your community is not yet “Safeand Free” contact your branchACLU chair or call me at(313) 578-6810.about you, your pictures and pictures ofyour neighbors.”Supporters of data mining claim it isinnocuous because it is simply a fasterway of gathering data that already exists.They note that police personnel, and evenprivate detectives, can already trail suspects and search records to compile a profile of a person. Data mining, they say, isjust the same process accelerated andautomated. But as with TIA, this kind of“data mining” presents a substantialthreat to all of our privacy rights and maywell be totally ineffectiveIn reality, MATRIX is so much morepowerful than the work of individualdetectives or law enforcement personnel.MATRIX allows for the instantaneoussearch of dozens of records relating toordinary citizens on a massive scale. Witha keystroke, the government would beable to compile so much informationabout us that it could reconstruct our dailylives. It wouldn’t need to send a detectiveto trail us, or put a video camera at ourside, because data will be used to reconstruct our movements.It is unclear when law enforcementwill have access to MATRIX records. Buteven more important, what triggers thecreation of an individual’s electronicdossier? If history teaches us anything, itis that once the government has suchexpansive power it can abuse it.In addition to the serious privacy concerns, there is a substantial risk of socalled false positives. The MATRIX website states that “[t]his system will ensurethat state and local law enforcement officers – the individuals most likely to comeinto direct contact with terrorists or othercriminals – have the best information(accurate and complete) available to themin a timely manner.” Despite the promiseof accuracy, it does not have an error correction system, And it does not makeclear how, if at all, it will protect privacy.All of these problems with theMATRIX are very serious ones. Andthere may be others of which we are notyet aware. Until – and unless – the ACLUgets full responses to its Freedom OfInformation Act requests, we still will notknow exactly what data that will be collected; how such information will beused; and who can access it.To read about MATRIX and theTIA program, go to: 14254&c 130SAFE & FREE SCORECARDMICHIGAN NOW HAS 9 SAFE & FREE COMMUNITIES.MANY MORE ARE CURRENTLY WORKING TO JOIN THE LIST. IS YOURS?SAFE & FREE COMMUNITIES IN MICHIGAN:ANN ARBOR, AUBURN HILLS, DETROIT, FERNDALE, INGHAM COUNTY,KALAMAZOO, LANSING, MERIDIAN TOWNSHIP AND SOUTHFIELD

FROM THE CAPITOLSHELLI WEISBERGMarch 9th. Noel Saleh, New DetroitImmigration Coalition @ACCESS.Dearborn.hough November seems so faraway, we must already concernourselves with several ballotinitiatives that are being considered toamend the state Constitution. Two inparticular are damaging and divisive.First is an anti-civil rights petitioninitiative being bankrolled by WardConnerly, the university regent behindTIF THERE IS ANY GOOD NEWS to befound in the movement to deny gays andlesbians the right to marry, it is that recentstudies in Michigan and nationwide indicate that, although a majority of citizensoppose same-sex marriage, an evengreater number oppose amending theconstitution to enforce discrimination.Nonetheless, identical resolutions, HJR U(Rep. Newell- Saranac) in the House andSJR E (Sen. Cropsey-DeWitt) in theSenate, are seeing great activity in theMichigan legislation. (See page 6 for anupdate on this issue written by our staffattorney for the LGBT project, JayKaplan.)IN OUR ON-GOING STRUGGLE tomaintain the separation of church andstate, the ACLU of Michigan opposed aseries of Senate bills (SB 625, 626, 627,628, 629, 661 and 662) that completelydisregard Michigan’s Constitution andwill improperly entangle governmentwith religion. Like many other states,Michigan goes further than the FederalConstitution and explicitly prohibits statefunding of religious training underSection 4 of Article 1 of the MichiganConstitution. This legislation, opposedonly by Sen. Jacobs (D-HuntingtonWoods) and Sen. Brater (D-Ann Arbor),allows public funding of religious training in higher education.THE U.S. SUPREME COURT bolstered ourargument when, in late February, theyrendered an opinion in Locke v. Davey, acase remarkably similar to the case inMichigan where a student was denied astate scholarship to pursue a degree intheology or divinity. In the Locke case,the student was denied state funds to pursue a degree in pastoral ministry in thestate of Washington. Like Michigan,Washington’s constitution prohibits usingstate funds for religious training. Thecourt’s 7-2 ruling held that the state ofWashington was within its rights to denythe scholarship to a college student studying to be a minister.Michigan’s Constitution includesstrong language prohibiting the use oftaxpayer funds for religious education,and in 2000 the voters soundly rejectedusing vouchers to funnel state funds toreligious educational institutions. TheSupreme Court ruling represents anotherauthoritative voice for the continued strictseparation of church and state in terms oftaxpayer monies. Nonetheless, the billsare awaiting a hearing in the HouseCommittee on Higher Education beforegoing to the floor of the House ofRepresentatives for a vote. Please calland urge your Representative to voteagainst allowing taxpayer fundedscholarship and grant money to beused for religious training in highereducation.IN A VICTORY FOR REPRODUCTIVEFREEDOM, Governor Granholm vetoedHB 4478, the parental rights restorationact, stating in her veto message, “HouseBill 4478 is not about protecting our children. Instead it would place many minorsat risk. The bill would shield childabusers, including the worst kind of sexual predator—a parent or guardian whorapes his own child—behind legal presumptions.” HB 4478 fails to provide sufficient protection for minors tragicallyliving in abusive families and would havemade it more difficult for a minor towaive the required parental consent noticeto receive an abortion. It would haveestablished unreasonable standards forfamily court judges to use in grantingwaivers and therefore limited access tosafe and legal abortions. The Housefailed in their attempt to override theGovernor’s veto, which required 2/3 ofMarch 11th. Noel Saleh, Polish BarAssociation @ Eagle Rest, 7pm.March 14. Kary Moss, Michigan TalkRadio, Sex Offender Registry (2:15)March 13. Jay Kaplan, Detroit SafeSchools Summit: Presentation on LGBTStudents and the Law. Detroit.March 16. Kary Moss, speaking on affirmative action to the American JewishCommittee, Detroit.March 18. Jay Kaplan, OPEIU presentation to UAW regarding Domestic PartnerBenefits. Detroit.the representatives affirmative votes forpassage. Please contact your represen-tatives in Lansing and thank them forupholding the rights and needs of ourmost vulnerable young women inMichigan.Unfortunately, the attempt to ban safeand legal abortions in Michigan persistsas Right to Life and the CatholicConference continue to collect petitionsignatures for a citizen’s initiative makingSB 395, the live birth definition act, aveto-proof law. A citizen’s initiative onlyrequires that a majority of legislators inthe House and Senate support the law forpassage. The Michigan Legislature has ananti-choice majority so there is littledoubt that, if this petition drive is successful, the live birth definition act willbecome law. For the purposes of this initiative, a signature on a petition is like avote for the law. We urge our members totell your friends and neighbors: “Declineto Sign.”In the last eight years alone, Michiganhas enacted numerous measuresrestricting reproductive freedom. Theserestrictions curtail access to not onlyabortion but also to contraceptives,sexuality education, and other essentialreproductive health care services. Comeand be counted among the majority:Pro-Choice Americans. Show lawmakersthat they must stop chipping away atreproductive freedom and stop playingpolitics with women’s health and lives.For more information please MARCH FOR CHOICE will be Sunday,April 25, 2004 in Washington D.C.Please join the ACLU of Michigan as weparticipate in this historic march forabortion rights and reproductive freedom.There is still available space on bussestraveling to the march from severalMichigan locations. Please call visit: or callfor registration and more information.he ACLU of Michigan is a powerful voice in the legislature becauseof our passionate and articulate members. We can harness evengreater strength by working together as part of a finely tunedGrassroots Legislative Network. If you haven’t already done so, sign up atthe to receive Action Alerts on breaking legislativeissues. Talk to your legislators, in their districts and in Lansing.If you’re interested in becoming more active in theNetwork, please contact me at 22. Kary Moss, WKAR, Michiganat Risk with Tim Skubik (Patriot Act)(airs March 24 on all seven stations).Lansing.March 22. Wendy Wagenheim, SameSex Marriage, Debate with OaklandCounty Commissioner Tom McMillan,Oakland University.March 23. Jay Kaplan, presentation toMSU Social Work graduate class onLGBT Legal issues. East Lansing.March 23. Kara Jennings, TransgenderClinic at Affirmations. Southfield.March 31. Jay Kaplan, Wayne StateUniversity, LGBT Student issues.Detroit.April 6. Wendy Wagenheim, Journalismand the Law, Michigan State University,E. Lansing.April 15. Jay Kaplan, ACLU LansingBranch Board debate with Senator AlanCropsey on Marriage Amendment.Lansing.April 17. State Board Meeting, LansingPublic Library, 10-2pm. Lansing.April 18. Mike Steinberg, ACLUSouthwest Branch Dinner. Kalamazoo.April 18. Jay Kaplan, ACLU CentralBranch Board, "Same-Sex Marriage."Mt. Pleasant.April 20. Jay Kaplan, University ofDetroit Law School- HIV Issues. Detroit.April 21. Jay Kaplan, Washtenaw CountyBranch Board, "Same-Sex Marriage."Ann Arbor.April 27. Kara Jennings. TransgenderLegal Clinic. Kalamazoo.April 28. Jay Kaplan, "Get Equal" presentation. Kalamazoo.April 29. Kary Moss, Genesee CountyBar Association, Law Day, Flint.For more information, contactCarmetta Jones at 313-578-6802.3M ARCH 2004Proposition 209 in California andProposition 200 in Oregon, (see page 5)and, second, an amendment denying gaysand lesbians the right to marry.UPCOMINGSTAFF SPEAKINGENGAGEMENTS ANDIMPORTANT DATES:

Thank you to our 2003 Annual Donors. ACLU fund of Michigan donors givethroughout the year to our annual gift campaigns in the spring and in the fall.Thank you to all who gave to this very important part of our fundraising program!Justice Council ( 10,000 )Estate of William ByrnesElizabeth W. KaufmanAlbert & Doris Pitt FoundationIrene VogtThomas F. Wieder & Susan SchoonerEstate of Bill HadynLiberty Council( 5,000- 9,999)Ismael BashaAllan D. Gilmour & Eric JirgensRobert GoodrichRichard Soble & Barbara KesslerAnonymousRichard and David DeVartiFreedom Circle( 1,000- 4,999)M ARCH 20044Peter J. ArmstrongRichard BaksM. Reda BashaYahya BashaRonald BishopRichard BlumensteinThomas ClintonF. Philip Colista & Kitty BarnhartMichael ColmanMargaret DenenfeldSusan FallThomas FehsenfeldMarcia FeingoldBruce FrankelMimi GendreauMartin GoldJohn E. Grenke & Micki L. LevinHenry M. Grix & Howard IsraelMary Norma HaanMohammad IssaWatson KenworthyPeter KobrakAnn LarimoreKary LoveCarolyn MacAdamRaymond MakowskiDouglas & Sandra McClennenJames McLennanJohn NickolaJeffrey C. OgdenMarcie PaulM.C. PorterLloyd E. PowellWilliam C. RandsNoel SalehKrishna K. SawhneyRobert and Rozanne SedlerMartin J. SeldonElsa & Jack ShartsisShubeck Monsour FoundationRalph SimpsonAlan and Melodie SolwayFreda SteinhardtElias & Jane StrangasSusan TitusPhilip TuchinskyUAW Region 1UFCW 951Barry WaldmanContributors ( 100- 999)A.C.C.E.S.S.Olufemi AbiodunAdult Learning InstituteJoan Akers BinkowEffie AmblerFrederick M. AndersonHugh V. AndersonMichael AndersonRobert AndersonJean M. AndrewsJohn E. ArensDenise ArnoldAmy BachelderClinton BallerRichard BalonWilliam & Patricia BarberDavid K. Barnes, Jr.Howard BaronDana BarragerNorma BarthLeland K. BassettJane BeerAlfred M. BeetonMary BejianCarl BekofskeJude BellHeather BendureMark R. BendureMartin BenjaminRichard BinghamJohn BoazLana BoldiBrenda Bove & Steve DepanicisRonaele BowmanDarwin BrewsterJoann BrooksHugh BrownPeter D. BrownRalph BrownMichael BucklesFrances E. BullAva BurkardFrederick S. BurkhartDoris CaddellJean CampbellJohn P. CaseyBarbara CashCatherine D. CaswellCarole L. ChiampMiller Cohen, PLCAngelos and KatherineConstantinidesTimothy CookMarjory CooperW. J. CorriveauAsho CraineSheila CummingsBenjamin H. DavisPhilip DietrichJohn Purdon DonleyAmy M. DurfeeWilliam EastonHannelore Z. EckSally Claire FinkJoseph FinkbeinerJeri Thomas FishmanR. M. FloresLeigh FordBurke Fossee, IIIDouglas FutuymaDavid GatesJohn M. GearJohn GermanAlvia GoldenSheldon GordonNino E. GreenLeonard L. GrossmanTerrence L. HallBarbara Harvey, Esq.Richard HauckLouis HeavenrichLeslie HefnerBerttina HelmersPeter HolmesJames HoogstraRichard A. HorvitzEarle IrwinPeter JacksonElizabeth JacobsJohn M. JessupSolomon T. JohnsonMartha JonesAdrienne KaplanWilfred KaplanNancy KatzNorm KatzCynthia M. KellyDouglas KirkRhea KishDana G. KissnerMelvyn & Linda KorobkinPaul KortesojaAshlyn KuerstenArthalu LancasterWendy LawrenceNorris & Nancy LeeCharles LehmannJack W. Lessenberry, Jr.Barbara LevineRichard LobenthalVon D. LoganRichard L. LorenzLee MaherSteve ManchesterRay J. MartiniDolores L. MazurekVirginia K. McCullyMitch MeisnerTheresa MelendezGeorge MendenhallHenry D. MesserMetropolitan DetroitAFL-CIO CouncilGeorge MillerDouglas R. MullkoffLouis L. MunizBarbara MurphyWilliam B. NorrisBryan PardoEugene V. PerrinBob PettapieceEdith B. PhillipsH. Rhett PinskyJane M. PogsonMary PollockDave PushawThomas R. RiggsMark RillingJoseph RitokCheryl RodbardJames RodbardFelix J. RogersAlan RoseJohn Curtis RussellJohn E. ScaliseBluma SchechterPeter SchickDolly SchmidtThomas & Judy SchramAlan S. SchwartzElizabeth SeagullNathan ShapiroManuel P. SheldenHenry SilvermanStephen SimmonsCoral L. SistCarol SlaterArt G. SmithDavid M. SmithRobert SoderstromTimothy SorokinLawrence SperlingDavid SpreyMichael S. SteerDaniel SteinhardtKim StroudDoris SuciuLisa L. SwemWilliam W. SworAnn TaberMaxine TaylorNorris J. Thomas, JrThomas K. ThornburgF. Martin TieberSteve TobocmanPhillip TownsendJoseph S. Tuchinsky & Cele FriestaterSandra VanBurkleoEdward VossDonald WaschaJacquelin WashingtonJoann N. WatsonDonna WegrynAria WeinertLarry C. WilleyCharles H. Williams, JrGeorge WillistonSusan WinshallElizabeth C. WursterStephen YelonThomas YoungFoundation SupportArcus FoundationBeckwith FundC.S. Mott FoundationCommunity Foundation ofSoutheastern MichiganFund for Equal Justice/Buck DinnerGill FoundationGilmour FundGrand Rapids CommunityFoundationHope FundImpact FundJackson Social Welfare Fund,Unitarian ChurchKalamazoo Community FoundationMichigan State Bar FoundationMichigan Women’s FoundationNokomis FoundationNorman FoundationThomas Steel Fellowship Program.And many more donors who wish toremain anonymousAll gifts to the ACLU Fund ofMichigan are appreciated, no matterwhat size. Space limitations prohibitus from listing all of the gifts under 100, but we thank you! Everyattempt was made to have this list beas complete and accurate as possible.If your name was misspelled, omittedor added in error, please accept ourapologies. We will correct any errorsbefore the next issue. Please contactour Development Director at (313)578-6800.

BY KARY MOSS, EXECUTIVE DIRECTORFollowing the U.S. Supreme Court decision in the Universityof Michigan affirmative action case, Ward Connerly stated thathe would target four states, including Michigan, with measuresto outlaw affirmative action. He and his supporters dishonestlycharacterize their effort by cloaking it in the name of “civilrights.” As a southern friend of mine has said: “If it looks like,acts like and quacks like a duck, darlin’, it’s not a pony.”Supporters of Connerly are now collecting signatures to puta proposal on the November ballot to change Michigan’sConstitution and eliminate affirmative action programs thatensure equal access to colleges, universities and jobs for peoplewith strong qualifications who might not otherwise have doorsopen to them.Your help is needed in order to defeat this extremely dangerous and divisive ballot proposal which will have devastating consequences and is much broader than proponents admit.Eliminating affirmative action programs will harm recruitmentfor community services, such as police and fire departments;immediately end programs that have helped women and peopleof color get better jobs and education; negatively affect womenowned and minority-owned businesses; result in reduction of programs that encourage women and girls to enter non-traditionalprofessions; and may eliminate diversity-based scholarships.To defeat this ballot proposal, a dynamic group of civilrights, civic, religious, education and community organizationshas emerged to organize a statewide campaign. Citizens for aUnited Michigan (CUM) is a broad based coalition thatincludes the ACLU, NAACP, Detroit Renaissance, and theMichigan Catholic Conference. CUM needs your support andactive involvement. To learn more, go to their website and Washington have already encounteredConnerly’s initiatives. He was successful in getting voters to passaffirmative action bans in those states, but the tide turned this pastyear with the defeat of California’s Proposition 54, a so-called“Racial Privacy Initiative.” Connerly has carved out a career asa national leader of anti-racial justice measures, and Prop 54 wasto be one more feather in his cap. But a small group of civil rightsleaders came together with a clear goal - to forge a winning strategy to defeat this measure and to put an end to the cascading cutbacks on civil rights that have been enacted since the Reagan era.Central to that successful strategy was the creation of a broadbased, bi-partisan coalition of people and organizations equallycommitted to ensuring affirmative action as a way to take positive steps to end discrimination and create opportunities for qualified minorities and women. We must do the same in Michigan.Betsy DeVos, chair of the Michigan Republican Party, has comeout in opposition to Connerly’s efforts. The Detroit News isopposing as well, writing in a recent editorial that “AffirmativeAction is an established practice in corporate America. And forgood reason. Most businesses are seeking a diverse workforcethat can help them appeal to a diverse marketplace.” And let usnot forget the outstanding brief submitted by the military in theUniversity of Michigan case where they said that they cannotachieve a highly qualified and racial diverse group if limited raceconscious recruiting and admission policies are not used.This attempt to dismantle affirmative action in Michigan is adistortion of the legacy of the historic civil rights movement.Don’t be fooled.TO JOIN CITIZENS UNITED,VISIT THE WEBSITE ATwww.oneunitedmichigan.orgFree speech and the ACLU were againvictorious when Ingham County CircuitJudge Paula J.M. Manderfied dismissedthe “obscene” phone call chargesagainst Gerald Henning, an 82-yearfarmer who left voicemail messageson the Michigan Department of Agriculture’s complaint line complaining abouta sickening smell emanating from anearby agribusiness.“The judge’s ruling sends a message tothe state officials that they cannotcharge a citizen with a crime simplybecause they are not polite when criticizing the government,” said Michael J.Steinberg, Legal Director of the ACLU ofMichigan. “This is especially true sincethe complaint hotline was establishedfor the sole purpose of receiving complaints.”The court ruled on February 19 that Mr.Henning could not be prosecuted for thevoicemail messages under the FirstAmendment. She held that while Mr.Henning was “disgruntled” and his language was “somewhat feisty” and contained some profanity, the complaintswere not threatening or obscene and didnot constitute “fighting words.” JudgeMande

LIVINGSTON COUNTY JAIL LAWSUIT SETTLED M ARCH 2004 1 The American Civil Liberties Union of Michigan 60 W. Hancock Detroit, MI 48201-1343 (313) 578-6800 . the federal district court in Bay City struck it down in 2000. In June, 2003 the entire Sixth Circuit upheld the District Court

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