ACLU - American Civil Liberties Union of Washington - All Feeds

How Civil Liberties Have Fared in the State Legislature

jflodin — Sat, 19 Jan 2013 03:55:45 +0000

The Washington Legislature convened on January 14 and has now gone into a special session. It’s been an unusual and challenging year in Olympia: While Democrats retain a strong majority in the House, the Senate is closely divided, with two dissident Democrats joining Republicans in a “Majority Coalition Caucus.” So most committees are chaired by Republicans, and there is gridlock on bills that do not have bipartisan support.

The result has been confusion and uncertainty as to the progress and likely fate of legislation. Several key bills backed by the ACLU – including the Reproductive Parity Act, the DREAM Act, and the Voting Rights Act – passed the House only to be stalled by the Senate leadership. We remain vigilant lest bills considered dead at the end of the regular session resurface for a vote in the special session. And a late-developing push to address the problem of drunk driving is expected to result in passage of some legislation during special session.

Here are highlights of some key bills impacting civil liberties. Please check our website (aclu-wa.org) for updates, as well as information on other issues on which the ACLU-WA has been working in Olympia.

DEATH PENALTY
Safe and Just Alternatives – HB 1504, SB 5372 -Support
Status: Had hearing in House Judiciary Committee, did not come up for a vote in committee

Across the country, there is a growing recognition that the capital punishment system is broken beyond repair. The death penalty is costly and ineffective – it neither deters crime nor does it offer swift and certain justice for victims’ families. Maintaining the death penalty is particularly untenable given Washington’s current fiscal crisis, as capital cases are far more expensive than cases seeking life imprisonment without possibility of parole. Our state could better use resources spent on the death penalty to support proven strategies for fighting crime and addressing the needs of crime victims and communities.

With strong backing from the ACLU-WA, the Safe and Just Alternatives Campaign is advocating for legislation to replace the death penalty with a sentence of lifetime incarceration without the possibility of parole. A diverse range of voices – including law enforcement and corrections officials, and family members of murder victims – testified for the bill at a House committee hearing in March, and former Gov. Dan Evans submitted a statement endorsing it. Most significantly, this session is the first in which we have had legislative champions for repeal in all four caucuses – House and Senate, Republican and Democrat. Visit www.sjawa.org to learn more about the ongoing campaign to repeal the death penalty.

REPRODUCTIVE FREEDOM
Reproductive Parity Act – HB 1044 -Support
Status: Passed the House, had hearing in Senate, has not advanced out of Senate committee

Washington women need the freedom and privacy to make healthcare decisions that are right for themselves and their families. Washington women need the freedom and privacy to make healthcare decisions that are right for themselves and their families. This legislation will ensure that insurance plans in Washington cover abortion if they cover maternity care. Denying insurance coverage for abortion interferes with a woman’s ability to make important choices for herself and her family.

As our state proceeds with the implementation of the federal Affordable Care Act (ACA), Washington women face increased barriers in their ability to access reproductive healthcare, including abortion services. Anti-choice politicians in Congress tried to undermine the ACA by inserting a provision to roll back reproductive healthcare. This legislation addresses that problem and guarantees access to a full range of reproductive healthcare, including abortion.

Although 25 senators – a majority in the Senate – have signed a statement saying they would vote for the bill, Senate leadership has not allowed it to advance to a vote in the full Senate. We continue to press for a vote to happen during special session.

IMMIGRANT RIGHTS
Washington Dream Act – HB 1817 -Support
Status: Passed House, has not yet advanced to vote in full Senate

Aspiring young people should have a fair opportunity to attend college, regardless
of their immigration status. The bill would extend eligibility for financial aid for higher education to high school graduates who do not have legal residency but were brought to the U.S. as young children. The legislation passed the House with a very strong 77- 20 bipartisan vote, but Senate leadership has not yet allowed it to come to the floor for a vote. Gov. Inslee has repeatedly pointed to this bill as a priority for special session.

VOTING RIGHTS
Washington Voting Rights Act – HB 1413 - Support
Status: Passed the House, had a hearing in Senate, has not come up for committee vote in Senate

In partnership with the Win Win network, OneAmerica, and the Korematsu Center, the ACLU-WA has been working to pass legislation that would ensure all communities have a fair chance to elect candidates of their choice in local elections. For government to be accountable, all voices need to be heard. But some election systems prevent all neighborhoods from being represented in local government. Where communities vote in blocs, slim majorities can dominate.

The Washington Voting Rights Act encourages local jurisdictions to correct problems caused by racially polarized voting. And if they fail to do so, it allows for a lawsuit in state court with a judge tailoring a solution, such as moving from an at-large to a district-based system. It enables local governments to remedy inequities and avoid expensive federal litigation.

The federal Voting Rights Act is under attack in the US Supreme Court, and now is a good time to enshrine voting rights protections in state law. California has adopted a state voting rights act, and it has worked to improve the fairness of government there.

SURVEILLANCE
Government Drones – HB 1771, SB 5782 -Support
Status: Had hearing and passed House Public Safety Committee, did not come to vote in full House

Best known for their military uses to take out alleged terrorists abroad, unmanned aerial vehicles – aka drones – are coming to domestic skies in force. They present government with unprecedented capabilities for tracking activities and otherwise invading the privacy of law-abiding people. We can expect to see drones with high-power zoom lenses, night vision, and technology that can see through ceilings and walls. Clear restrictions on their use are needed now, as temptations for law enforcement to employ drones for more and more intrusive missions are inevitable.

The ACLU-WA urged the adoption of reasonable statewide regulations that would allow for responsible government use of drones – for missing person searches, for barricaded hostage situations, etc. – while barring their use for general surveillance. ACLUbacked legislation would have required to state or local government to get prior approval for acquiring drones and would have required a law enforcement to get a warrant for their use, except in limited circumstances.

The bill gained bipartisan support in both houses, and passed its House committee with an 8-1 vote. Then opposition emerged from Boeing, and its lobbying campaign killed the bill. The ACLU will continue to push for statewide regulation of drones and other surveillance technologies.

PRIVACY
Social Media Accounts – SSB 5211 -Support
Status: Passed Senate and House, sent to Gov. Inslee

This ACLU-backed bill aims to protect employee privacy in response to reports that some employers have been asking job applicants to log into their Facebook accounts. It bars employers from demanding that their workers or job applicants provide social media passwords or access to their accounts in the employer’s presence. It also bars employers from requiring that they be added to an employee’s list of personal contacts or that an employee’s privacy settings be changed. Crafted with input from civil libertarians and business interests, the bill passed after withdrawal of an overly broad business-backed amendment that would have required employees to provide access to their social media accounts during some investigations of alleged misconduct.

CRIMINAL JUSTICE
Mandatory Incarceration – SHB 1096, SB 5376 -Opposed
Status: Passed House Judiciary Committee, did not advance to vote by full House

We need smart, carefully crafted solutions to the difficult problems facing at-risk youth. This legislation would have spent scarce public safety dollars to incarcerate juveniles for longer periods for firearms offenses, with little due process or judicial discretion.

It flies in the face of what we know works to control youth violence – true community based prevention programs that provide the resources and opportunities needed to keep young people out of gangs. The bill wrongly takes the discretion to look at each individual youth’s needs out of the hands of judges, where it belongs. We need to stop looking for get-tough solutions that don’t work and instead fund gang prevention programs that are proven, effective, and currently underfunded. Thankfully, due to a groundswell of opposition from a coalition of allies that serve youth and communities of color, brought together by ACLU-WA, the bill did not move to the House floor.

DUE PROCESS
Civil Commitment – HB 1114 -Opposed
Status: Passed House and Senate, sent to Gov. Inslee

In the wake of widespread gun violence late in 2012, problematic bills were introduced in both the House and Senate that fast-track individuals not found competent to stand trial into civil commitments, with a lower threshold of due process than we believe is constitutionally required. The bills also prevent judges from exercising their discretion to allow the release of mentally incompetent people not judged to be dangerous. Instead of release, it would now be mandatory to send those individuals to jail, where in many cases they await competency evaluations for months with little or nothing in the way of mental health treatment. This likely creates a larger public safety issue down the road as those individuals decompensate and eventually do become dangerous.

Unfortunately, one of these bills was passed over our objection, and we have asked Gov. Inslee to veto it.

EDUCATION
School Discipline – HB 1680 -Support
Status: Passed Senate, did not come to a vote in House

We spent a great deal of time this year looking to fix the problem of out-of-school suspensions and expulsions that force large numbers of students out of school and perhaps into the criminal justice system. Our priority has been to create incentives for alternative disciplinary practices that eliminate or reduce suspensions and expulsions and establish the principle that school districts are not relieved of their duty to educate students even after those students are out of that physical school.

Omnibus bills were introduced in both chambers that would have moved towards that goal, and the Senate bill was sent over to the House. Despite political will, the bills eventually failed due to budget squabbling, although it is possible they would be revived during special session.

School Searches – SB 5618 -Support
Status: Passed the Senate, did not come to a vote in House

A problematic pair of bills was introduced that would have allowed the police to conduct a warrantless search of a student at school, without any safety concerns and without any probable cause to believe the student has violated the law. These bills were unnecessary because school officials already have the authority to conduct searches in response to imminent safety threats. But the bills likely would have increased the criminalization and over-policing of students involved in minor school misconduct, disproportionately impacting students of color and leading to an expensive increase in dropout rates.

Opposition mobilized to the bills by the ACLU-WA ensured that they did not pass the legislature.

Woman Unfairly Denied Housing Sues Tenant Screening Company

Thu, 04 Apr 2013 17:59:02 +0000

Suit Says Company Violated Consumer Protection Law by Reporting Conviction Record from Two Decades Earlier

A Kent woman who was unfairly denied rental housing is suing the tenant screening company that recommended she be denied housing because of a two-decade-old criminal conviction, the ACLU of Washington announced today. It is a violation of the Washington Fair Credit Reporting Act for tenant screeners to report criminal history information older than seven years. Attorneys for the ACLU of Washington and the firm of Terrell Marshall Daudt and Willie PLLC are representing the woman in the case.

“People who have turned around their lives should not be denied housing because of mistakes they made long ago. Washington law limits the information companies can report so that people are not prevented from having a fair chance to make a fresh start,” said ACLU-WA staff attorney Vanessa Hernandez, who heads up a Second Chances project at the ACLU-WA to reduce barriers to employment and housing faced by individuals with criminal records

In July 2012, Markeletta Wilson applied for rental housing with her daughter in a complex in Tukwila. The landlord used the services of RentGrow (which in 2010 was acquired by Yardi Systems, Inc.), a corporation that specializes in tenant screening. RentGrow issued a report that recommended denying the application on account of Ms. Wilson’s 1988 and 1995 convictions for drug possession. Relying on RentGrow’s recommendation, the landlord denied Wilson’s housing application. Ms. Wilson was then forced to obtain rental housing elsewhere, at additional cost and at a location significantly further from her daughter’s workplace.

Washington’s Fair Credit Reporting Act (WFCRA) prohibits consumer reporting agencies from making a report containing “records of arrest, indictment, or conviction of an adult for a crime that, from date of disposition, release, or parole, antedate the report by more than seven years.”

The Act requires credit reporting agencies to follow reasonable procedures to avoid violations of the WFCRA. A violation of the WFCRA is per se a violation of the Consumer Protection Act.

“One in four Americans today has a criminal history, and criminal history record information increasingly is used to screen applicants for housing. Rejections based on past convictions disproportionately impact people of color, who are arrested, charged, and convicted at higher rates than Caucasians, both in Washington state and nationwide,” explained Hernandez. In addition, criminal history older than seven years is not an accurate predictor of an individual’s likelihood to commit future crimes.

“Compiling and commercially reporting criminal history information older than seven years is an unfair practice that undermines confidentiality and privacy,” said attorney Toby Marshall.

Filed in King County Superior Court, the lawsuit seeks a court order requiring RentGrow and Yardi Systems to end their violations of Washington’s Fair Credit Reporting Act. The lawsuit also seeks an order requiring the defendants to pay each individual who has suffered from its unfair practices a penalty of $1,000. Ms. Wilson’s attorneys believe that the companies’ unlawful practices have impacted numerous other people in Washington state, and they are seeking to have the case certified as a class action lawsuit.

Attorneys Toby Marshall and Erika Nusser of Terrell Marshall Daudt and Willie PLLC and ACLU-WA legal director Sarah Dunne and staff attorney Vanessa Hernandez are handling the case.

ACLU Files Suit for Gay Couple Discriminated Against by Florist

jflodin — Thu, 18 Apr 2013 16:00:00 +0000

The ACLU today filed a lawsuit on behalf of a gay couple in Kennewick against a florist that refused to sell them flowers because of their sexual orientation. The suit says that the refusal of Arlene’s Flowers to sell flowers to the couple violates the Washington Law Against Discrimination.

Curt Freed, a faculty member at Columbia Basin College, and Robert Ingersoll, a manager at Goodwill, have been a couple for almost nine years. They are engaged and are planning a wedding for September 2013. Having purchased goods from Arlene’s Flowers on many occasions, Ingersoll approached the florist on March 1 to arrange for flowers for the event. However, he was told that the business would not sell the couple flowers because of the owner’s religious beliefs.

The Washington Law Against Discrimination (RCW 49.60.030) prohibits discrimination because of sexual orientation. It bars businesses from refusing to sell goods, merchandise, and services to any person because of their sexual orientation. The courts have found that businesses open to the general public may not violate anti-discrimination laws, even on the basis of sincerely held religious beliefs.

“The refusal to sell flowers to the couple is a disturbing reminder of the unequal treatment that gay men and women have experienced over the years,” said ACLU of Washington legal director Sarah Dunne. “When a business serves the general public, the business owner’s religious beliefs may not be used to justify discrimination.”

Filed in Benton County Superior Court, the lawsuit is seeking a court order barring the florist from discriminating against customers on the basis of sexual orientation and damages for the violation of the couple’s rights.

Representing Ingersoll and Freed for the ACLU are cooperating attorneys Michael Scott, Amit Ranade, and Jake Ewart of Hillis Clark Martin & Peterson P.S., ACLU of WA legal director Sarah Dunne, and ACLU LGBT Rights Project attorney Elizabeth Gill.

Statement by Curt Freed and Robert Ingersoll:

“We are saddened that we were denied service by Arlene’s Flowers after doing business with them and valuing their services for so many years. We respect others’ religious values, but being discriminated against was hurtful and illegal. This business has broken the law, and should be held accountable. We appreciate the support from people across the globe, and look forward to having this issue resolved.”

My Health Care: Protecting Choices from Religious Doctrine

jflodin — Mon, 29 Apr 2013 18:37:38 +0000

Patients are at risk of being denied services at some religiously affiliated medical facilities in Washington. This will become increasingly commonplace as more secular hospitals merge with religiously affiliated ones and come under the control of religiously affiliated health care corporations.

The ACLU of Washington is working to ensure that no patient is refused access to lawful health care because of the religious doctrines of the institutions running hospitals, clinics, or other medical facilities. Health care facilities open to the general public should not refuse to provide reproductive health care and end-of-life care services; nor should they discriminate against LGBT patients and families. Religious ideology should not dictate which health care services a patient may choose.

What Is the Problem?

How You Can Help

Patients and Providers: Tell us about your own experiences

ACLU-WA Letters on Hospital Mergers

See the ACLU-WA’s Maps & Charts

Read Coverage in the Media

Read more media coverage >>

Marketing and Communications Internship

jflodin — Fri, 17 Feb 2012 19:12:27 +0000

The American Civil Liberties Union of Washington is the state arm of the ACLU, a nonprofit, nonpartisan, membership organization devoted to protecting, defending, and extending our freedoms as guaranteed in the Bill of Rights and our Constitution. The ACLU of Washington works through the courts, the legislature and local government, education, and community activism to defend our civil liberties across the state.

The Marketing and Communications Department of the ACLU of Washington is responsible for educating the public about civil liberties issues and the work of the ACLU. Communications interns are utilized year-round to assist the department in achieving its goals.

The department typically uses one intern each academic term. Interns are encouraged to earn academic credit for their work, but volunteers are welcome. Average hours are 12-20 per week, with flexibility in days and hours according to each intern's needs. All positions are unpaid.

Responsibilities include:

Special events planning for a full range of community outreach activities including participation in events
Volunteer recruitment and coordination for various projects and events
Communicating with area teachers and allied organizations about ACLU-WA information and programs via telephone and direct mail campaigns
Basic office responsibilities such as mailings, processing requests for literature, photocopying, data entry, filing, etc.

The ACLU-WA office is located in the heart of downtown Seattle. The office is an exciting place to work and staff members are very friendly and supportive. Internships with the Communications Department offer you a chance to make a difference while you build your experience and resume.

HOW TO APPLY

To apply, please mail or email a letter of interest and resume. In your letter tell us where you learned of this position, why you would like to be an intern at the ACLU-WA and what civil liberties issues concern you the most. Respond by email to jflodin@aclu-wa.org or by post to John Flodin - ACLU-WA, 901 Fifth Avenue, Suite 630, Seattle, Washington 98164.

The ACLU is an affirmative action/equal opportunity employer and encourages qualified individuals of every race, creed, ethnicity, disability, sexual orientation, and gender identity to apply.

The ACLU of Washington comprises two separate corporate entities, the ACLU of Washington and the ACLU of Washington Foundation. The ACLU of Washington and the ACLU of Washington Foundation share the same mission, office space, and employees. This job posting refers collectively to the two organizations under the name "ACLU of Washington."

POLICY ADVOCACY INTERNSHIP Program

mcrye — Tue, 22 Jan 2013 18:51:54 +0000

The ACLU is the nation’s premier organization dedicated to defending and expanding all civil liberties and civil rights in America. We work with our members and volunteers in the courts, legislature and media to conserve America's original civic values - the Constitution and the Bill of Rights.

The ACLU of Washington is located in downtown Seattle and has over 20,000 members across the state. Our Policy Advocacy Group is supervised by our Deputy Director and includes our Legislative and Field Departments as well as our Technology and Liberty, Drug Policy and Education Equity Programs. We promote and protect civil liberties by working with elected officials and government agencies on the state and local level. We achieve our goals through lobbying and policy advocacy as well as educating our members and other activists about our issues and encouraging them to take action in support of our goals.

Subject Area : Civil liberties law and policy including: free speech, free exercise of religion, campaign finance, criminal justice, death penalty, drug policy, racial justice, discrimination, privacy, reproductive choice and LGBT rights.

INTERN DUTIES

An intern with the Policy Advocacy Group will work under the supervision of the Deputy Director and will assist the Legislative Director or other senior staff to draft and promote proactive legislation, research legal and policy challenges to legislation introduced by others, create educational materials and assist in the preparation of testimony or other advocacy documents.

DESIRED SKILLS AND QUALIFICATIONS

The intern will use his or her research skills to develop an in-depth understanding of civil liberties issues, policy advocacy, the legislative process and the art of messaging. Excellent writing and communications skills required. Applicants should have strong interests in civil liberties, constitutional law and policy advocacy. Candidates must have completed at least one year of law school.

AREAS OF INTEREST

The intern will work with many departments within the ACLU-WA in order to achieve our legislative goals. These include education, technology and privacy, and drug policy.

APPLICATION PROCEDURE

To apply, email resume, cover letter and writing sample to volunteerjobs@aclu-wa.org and include in the subject line of the email: your last name and PAG Internship. In your letter, please indicate where you learned of the posting.

The ACLU is an affirmative action/equal opportunity employer and encourages qualified individuals of every race, creed, ethnicity, disability, sexual orientation, and gender identity to apply.

Intake Counselor Internships

robick — Mon, 25 Jan 2010 22:23:19 +0000

Intake Counselor internships are available in the legal department of the American Civil Liberties Union of Washington Foundation. A six month commitment is required, with a minimum of 12 hours each week.

Interns review and investigate complaints alleging violations of civil liberties and assist callers on the ACLU Intake and Referral Line. They address a broad spectrum of issues, including free speech, student discipline, police practices, criminal law, and jail and prison conditions.

Intake Counselor interns learn interview and investigation skills, explore a variety of civil liberties and constitutional law issues, and become familiar with the work of a wide range of government agencies and community organizations. The Intake Counselor internship provides excellent experience for individuals contemplating careers in public service, law, or public policy.

Applicants should have an interest in civil liberties, good interpersonal and analytical skills, and excellent writing skills. Spanish language proficiency is a plus. To apply, please submit a cover letter, résumé, list of three references (preferably with e-mail addresses), and a writing sample of approximately five pages in length to: legal@aclu-wa.org or to 901 Fifth Ave. #630, Seattle, WA 98164.

Legal Internships/Externships

robick — Mon, 25 Jan 2010 22:40:18 +0000

Open to 1st, 2nd, and 3rd year law students

The American Civil Liberties Union of Washington (ACLU-WA) is pleased to offer unpaid summer and school-year intern/externships to interested law school students. A minimum commitment of 12 hours per week is required during the school year. Summer positions are full-time and last a minimum of seven weeks.

At the ACLU, law students gain exposure to a broad range of civil liberties and civil rights issues and an opportunity to improve legal writing and research skills. Students work closely with staff attorneys conducting legal research, writing legal memoranda and drafting correspondence to government agencies in response to documented complaints of civil liberties and civil rights violations. Students also assist ACLU attorneys in the development of cases for litigation, preparation of cases for trial and submission of amicus curiae briefs in courts of appeal.

Educational benefits include obtaining hands-on experience in applying constitutional theories and case law to legal problems, and learning how to conduct factual investigation of complaints. Students become familiar with administrative regulations and agency protocols, while developing a practical understanding of constitutional law. Academic credit can be arranged.

Prerequisites include academic standing as a 1st, 2nd, or 3rd year law student during the duration of the externship/internship time period, an interest in civil liberties and civil rights, good interpersonal and analytical skills, and the ability to write in a clear and concise manner.

How to Respond:

Interested students should submit a cover letter, résumé and legal writing sample for a Spring 2013 Externship by November 30, 2012 and for a Summer 2013 Internship by December 31, 2012 to:

Legal Director
ACLU of Washington
901 Fifth Avenue, Suite 630
Seattle, WA, 98164

legalprogramassistant@aclu-wa.org

Women, people of color, LGTB people, and people with disabilities are especially encouraged to apply.

Second Chances Internship Program

sdavies — Thu, 21 Apr 2011 16:13:25 +0000

The American Civil Liberties Union of Washington is pleased to offer an internship with its Second Chances Project. The ACLU of Washington is a nonprofit, public-interest organization devoted to defending and extending civil rights and civil liberties. Its staff of 30 employees, assisted by numerous volunteers, works in a fast-paced, friendly, and professional office. The Second Chances Project provides legal services to individuals with criminal history facing barriers to employment and housing; it also engages in community education and non-litigation advocacy.

The position opens in April and requires a minimum commitment of 4 months at 12 hours a week. The intern works closely with staff attorneys to manage a large and fast-paced docket of cases. Duties involve conducting initial client intakes and interviews, researching cases and gathering court records, maintaining client files and communications databases, and drafting education materials. In addition to learning interview, investigation, and research skills, the intern will be exposed to the civil rights issues created by mass incarceration and increased access to court records.

Applicants should have strong organizational and administrative skills, with experience juggling multiple responsibilities in a fast-paced environment. The position also requires strong interpersonal and communication skills, and comfort communicating with people from a variety of backgrounds. Excellent research and writing skills a must. The applicant must also have a demonstrated commitment to civil rights and civil liberties issues, with past experience in criminal justice a plus.

How to Respond:

Interested students should submit a cover letter, résumé and writing sample by March 30, 2013 to:

Second Chances Project
ACLU of Washington
901 Fifth Avenue, Suite 630
Seattle, WA, 98164
legalprogramassistant@aclu-wa.org

Women, people of color, LGTB people, and people with disabilities are especially encouraged to apply

Join the ACLU of Washington's Volunteer Reception Team!

robick — Mon, 25 Jan 2010 22:41:54 +0000

The ACLU of Washington is a nonprofit organization devoted to defending and extending civil rights and civil liberties. Its staff and numerous volunteers, works in a fast-paced, friendly, and professional office. The Volunteer Receptionist can choose a regular schedule working a minimum of 1 shift per week, either mornings or afternoons, 9a – 1p or 1p – 5p. The Volunteer Receptionist reports to the Legal Intake Assistant and Reception Lead.

RESPONSIBILITIES

Serve as front desk receptionist, field incoming phone calls and direct them to the appropriate staff. Greet and direct visitors, including people seeking help, committee members, allies, and sales people. Provide general information about the ACLU. Calmly respond to people who are seeking ACLU’s help.
Retrieve and distribute mail; receive and sign for deliveries.
Handle typing, copying, data-entry, collating mailing materials and other assignments from the Special Assistant.
Assist in research, using the Internet and other resources.
Ensure that the front door and the phones are open and/or closed according to schedule.
Keep the In/Out Board updated, and post the daily conference room schedule.
Help facilitate smooth running of the office. Insure the neat appearance and organization of the reception, kitchen and supply room.
Help maintain a positive, respectful, welcoming, and professional work environment for employees, interns and other volunteers.

QUALIFICATIONS

Excellent communication skills over the phone and in person.
A welcoming, confident, and professional working manner, including the ability to work effectively with a wide variety of people. Good judgment and discretion are required.
Computer proficiency with PCs, Microsoft Word, Outlook and the Internet preferred. Attention to detail is a must.
Ability to multi-task and work efficiently in a fast-paced environment, to work under pressure.
Understanding of and enthusiasm for civil liberties.
A commitment to diversity; a personal approach that values the individual and respects differences of race, ethnicity, age, gender, sexual orientation, religion, ability and socio-economic circumstance.
A minimum 6-month commitment is preferred.
We are also interested in volunteers who will be available to pick up additional volunteer reception hours when needed.

REWARDS

Exposure to important, cutting-edge issues with a lively and skilled team of advocates at the nation’s premier civil liberties organization.

APPLICATION PROCEDURE:

To apply, email a resume and cover letter to Volunteerjobs@aclu-wa.org and include in the subject line of the email: your last name and Volunteer Receptionist. In your letter, please indicate where you learned of the posting. Applications will be accepted until the positions are filled.

The ACLU is an affirmative action/equal opportunity employer and encourages qualified individuals of every race, creed, ethnicity, disability, sexual orientation, and gender identity to apply.

Big Data vs. Privacy: Technology and Your Civil Liberties

jflodin — Tue, 21 May 2013 22:28:00 +0000

Do you understand the impacts of “Big Data” and the affects it has on our civil liberties and the law? If not, consider joining the ACLU at the UW School on Thursday, May 23rd from 3:30-4:40pm at William Gates Hall (Room 138) for a free discussion on the matter.

Panelists include ACLU –WA Board Member and Privacy Counsel, Doug Klunder, former Chief Privacy Officer at Intelius, Jim Adler, UW Professor Ryan Calo, and Assistant Dean Michele Storms as moderator.

CLE: Public Surveillance – Benefits and Qualms of New Technology

jflodin — Wed, 22 May 2013 19:31:24 +0000

Public surveillance has been in the news recently. From red light traffic cameras, drones and the Seattle waterfront surveillance network to the hunt for the Boston Marathon bombers, both the benefits and apprehensions that accompany modern surveillance technologies have been on public display. This free CLE is being presented by the Puget Sound Lawyers Chapter of The Federalist Society.

Presenters include Doug Klunder, Privacy Counsel at the ACLU-WA and Eric Holdeman, Director of the Center for Regional Disaster Resilience for the Pacific Northwest Economic Region.

Wednesday, June 5, 2013
12:00 Noon – 1:30pm; Sign-in begins at 11:45am
Seattle Central Library | 1000 Fourth Avenue, Seattle
Credit: 1.0 hours general credit (pending)

For more information and to register, click here.

here.

A victory for online privacy!

snarayan — Thu, 23 May 2013 16:28:53 +0000

On Tuesday, the state legislature gave Washingtonians something to celebrate. Gov. Jay Inslee signed into law new privacy protections for social media account passwords. The act prohibits employers from asking employees or job applicants for passwords to their personal profiles on Facebook, Twitter, and other social media sites. It also prevents them from forcing workers to “friend” supervisors so that they can access and monitor an employee’s posts, or from making workers access their accounts in the employer’s presence. Inslee’s signature makes Washington the eighth state to provide protections for privacy and free speech on social media sites.

The new law is a response to cases across the country where employers demanded access to an employee’s or job candidate’s profile. The trend inspired attempts to pass legislation in numerous state legislatures and in Congress. Here in Washington, the act received bi-partisan support and provides benefits to both workers and employers. Workers now have guarantees that their personal online profiles are private. Additionally, they are protected from retaliation for refusing to share access with employers. The bill also preserves an employer’s ability to conduct investigations into potential wrongdoing within their organization in accordance with existing law in a manner that does not request or require login information.

It’s a win-win situation and a big one at that! In the words of the act’s sponsor, Sen. Steve Hobbs, “we don't have to sacrifice our privacy for advances in technology.” Washingtonians can be proud of the progress we made this week and can rest assured that the ACLU will continue its efforts to make sure that privacy policy keeps pace with technology.

ALPR: The Surveillance Tool You’ve Probably Never Heard Of

jdebelak — Mon, 20 May 2013 16:00:00 +0000

If networks of surveillance cameras and drones have you concerned, you should meet their less known but equally dangerous cousin: automated license plate recognition (or ALPR). ALPR systems track and store location data on millions of vehicles and are in regular use throughout the state of Washington. The ACLU-WA is concerned about these systems because the data they produce can provide law enforcement with a detailed map of where you have been. When that information is reviewed, it can provide police with a picture of your personal habits and routines.

ALPR systems generally consist of at least one camera mounted to either a vehicle or fixed location. The cameras photograph every passing vehicle and software then analyzes the photo to identify and extract the license plate number. With each scan, the ALPR system records the exact location and time and stores this data along with the image and license plate at a rate of one per second. The license plate is then matched against a “hotlist” of license plate numbers that has been loaded into the system. However, whether or not there is a match, the system stores the data it has collected from every passing vehicle. Over an eight-hour period, one ALPR system can capture tens of thousands of plates.

State, local and federal law enforcement agencies around the country are storing this data – often indefinitely – and uploading it to private company servers. This data is then combined with information coming in from everyone else using the vendor’s system, creating massive databases of license plate location data.

ALPR technology is uniquely concerning because it often gets rolled out unannounced and is difficult to spot. Unlike surveillance cameras which look familiar and can often be easily spotted, ALPR units don’t clearly look like anything we would recognize as a threat. In addition, the devices are often subtly attached to police cars, making them even harder notice.

As a result, the ACLU and other civil liberties groups have had to rely on public records requests to learn whether local law enforcement agencies are using the technology and what exactly they are recording and storing. Not all police departments have been forthcoming about the information. For example, last week the ACLU of Southern California and the Electronic Frontier Foundation filed a lawsuit against two Los Angeles county police departments who refused to release information about their ALPR systems. That kind of secrecy about government use of a monitoring technology is alarming.

At the ACLU of Washington, we’ve had better luck gathering ALPR information from agencies around the state. In 2011 we began an investigation of ALPR use in Washington. We submitted public records requests to the Seattle Police Department and the Yakima County Sheriff’s Department. Over the course of several months, we also interviewed representatives from more than two dozen law enforcement agencies in Washington to learn about how they use ALPR technology.

The results of the investigation were disheartening. The first thing we discovered is that law enforcement use of ALPR in Washington has become relatively common and widespread. At least 22 city police departments and county sheriff’s offices across the state reported owning ALPR systems, and we assume those numbers have only increased since 2011. The majority of those agencies had placed their systems on vehicles rather than fixed poles.

We also learned that ALPR systems have the capability to record and maintain an extraordinary amount of data about individuals. In Seattle, for example, police department ALPR units accumulated 7.3 million license plate and location records to the department’s database during a three-year pilot project. Of those 7.3 million records, a scant 7,244 came up as hits, for a scan-to-hit ratio of less than one tenth of one percent. Or put another way, the Seattle Police Department photographed vehicles and recorded the exact time and location of the photo for individuals who were merely driving around in 7,369,416 instances.

That large quantity of location data provides a handy means for anyone who wishes to track others. For example, by analyzing the ALPR data we obtained from the Seattle Police Department, we found we were able to confidently map the regular routes of ALPR operators during their shifts. By looking at breaks in time from scanning, we were able to ascertain when and where ALPR operators prefer to take their lunch break. By comparing this routine data to all of an officer’s data, we could identify, for instance, when an officer takes his patrol car home and where that officer lives. In at least one instance, we discovered the SPD Detective ALPR car travelling to Portland for an overnight trip, scanning the license plates of Washingtonians and Oregonians the entire way. Thanks to the number of scans during this trip, we were even able to calculate the officer’s average rate of speed down I-5.

If we could use the data to identify specific information about police officers, the same data could be mined to piece together a picture of each of our daily routines.

ALPR does have legitimate and valuable uses, such as helping to locate stolen cars or people with outstanding warrants. But left unchecked, these systems can put privacy at risk. We shouldn’t turn a blind eye to the dangers of government collecting this massive amount data without any restrictions on use. Large quantities of data left in the hands of government are susceptible to abuse.

Last month we sent out another series of public records request to several law enforcement agencies around the state. The information we gather will give us an up-to-date picture of the prevalence of ALPR in Washington. We then hope to use all the data we uncover to push authorities to create better use and data management policies that will ensure our privacy rights are protected.

We shouldn’t have to live in fear that our travels and lives are being recorded indefinitely by the government. Look for more information on our findings on the ACLU-WA website in the coming months.

My May Day Experience

rmasket — Fri, 17 May 2013 21:28:41 +0000

On an unusually warm and sunny May 1^st, I gathered with ACLU of Washington coworkers and supporters at Judkins Park in Seattle’s Central District, joining with thousands of others to participate in the annual May Day march. The march began here in Washington 13 years ago as a day of advocacy for worker and immigration rights, and it continues to provide a safe and supportive forum for individuals to tell their stories and publicly express their support.

This event was my first time participating in a march of this kind, and I found the entire experience to be eye-opening and humbling. I was amazed at how many people were there to participate, from construction and iron workers to chefs and members of allied organizations. It focused attention on questions of why we still do not have true equality in this country.

As we marched, I was touched by the recognition and support the ACLU-WA received from many in the crowd. We encountered young advocates asking how they could volunteer with us, as well as older supporters complimenting us for recent work on key pieces of legislation. As I carried the ACLU-WA banner proclaiming “Because Freedom Can’t Protect Itself,” I realized the great importance of our organization participating in this event, to help make sure immigration reform continues to be a top priority. Almost three hours later, we arrived at the Federal Building for the post-march rally.

Although I have the luxury of being born in this country, at some point in time my family traveled here from both Russia and Ireland. In fact, I sometimes forget this and feel that immigration reform is far removed from my situation as a white female with American citizenship. Yet this march forced me to look back, and I realized that hopefully the situation of grandchildren of immigrants at the march will be the same as mine. I cannot imagine how different my life would have been if the immigrant members of my family had been unable to thrive and succeed because of their status. Fortunately, today’s immigrants have the help of the ACLU and other groups that are working to protect and advance their rights.

In the end, the march and rally was inspiring and inspiring, filled with a cacophony of diverse voices, all proclaiming that immigration reform must happen NOW! I’m glad that I was there as a representative of an organization helping to represent what we all dream about in this country.

This march showed the importance of solidarity – that if everyone bands together and fights injustice, our voices can be heard and change is possible.

Speech and Privacy Protections Must Keep Pace with New Technology

jdebelak — Tue, 14 May 2013 16:00:00 +0000

Having recently started as the new Technology and Liberty Director at the ACLU of WA, I’d like to tell you how I think about technology and some of the key issues I hope to focus on in the coming months and years.

Technology has substantially changed the way we live our lives in very exciting ways. Today we can quickly access tons of information on the go from smartphones. We can store documents, photos, and music on remote servers that we access with just the click of a button. Many of these advances make our lives easier and produce great benefits to society.

But new technologies can also bring serious challenges to our civil liberties. In some cases, technology has strengthened our rights by providing new ways for us to speak publicly and anonymously about political issues. In other cases, technology has reshaped our thinking about civil liberties. For example, privacy rights have traditionally been discussed in relation to our bodies or our homes. But that idea of privacy does not take into account all the various remote locations, such as cloud services and social networks, where we now store critical personal information digitally. Our privacy in these spaces needs to be protected just as much as it is in our bodies and homes.

One ongoing goal of the Technology and Liberty program will be to follow closely changes in technology and ensure that privacy and speech protections keep pace. However, as we think about regulating technology to protect civil liberties, we must be mindful that we don’t harm positive uses of new technology or stunt innovation.

In particular, we’ll be carefully watching how the government uses new technology to monitor citizens. It’s important to make sure we don’t end up with a society where our lives are constantly tracked and recorded. Maintaining our privacy from government intrusion is crucial for a healthy democracy.

Washington is home to many innovative technology companies. We look forward to working with them to
think of unique ways that technology can provide citizens with tools they can use to protect their privacy and speech rights.

The program will also be a resource for people about new technologies and the rights they may
implicate. Knowledge is power. It’s critical that we understand what technologies are being used in our communities, how they work, and what impact they may have on our privacy and speech rights.

Check in with our blog for the latest news on issues I’ll be working on.

Employment Discrimination: Another State Bans the Box

vhernandez — Fri, 10 May 2013 21:04:20 +0000

This week, Minnesota joined the national movement to “ban the box.” Its legislature passed, with bi-partisan support, a bill that would prevent public and private employers from asking about criminal history on an initial application.

The reason behind the rule is simple: Employers reviewing multiple applicants are likely to use criminal history to screen people out automatically, even those who are fully qualified for the job. Screening applicants without even considering a person’s qualifications or rehabilitation unfairly prevents people who’ve served their time from getting a fair chance at a fresh start.

Republican Senator Roger Chamberlain, one of the bill’s sponsors, recognized that increasing job opportunities for people with criminal history makes good sense, saying, “The best thing someone [on probation or parole] can do to reintegrate into the community is get a job.” He dismissed suggestions that business leaders would oppose similar bills in other states, saying “In the end, this is not that controversial.” An official with the Minnesota Chamber of Commerce agreed, saying that the Minnesota bill is part of a larger national movement.

City Council member Bruce Harrell has proposed similar legislation for jobs in Seattle. The bill has yet to be voted out of committee.

You can read more about Minnesota’s victory here.

Religious Restrictions Put Health Care Rights at Risk

mchen — Tue, 07 May 2013 22:11:08 +0000

Health care facilities open to the general public should provide access to a full range of health care services. Religious ideology should not determine what health care services are available to patients.

But the ability of patients to obtain the medical care they need and their rights to access lawful health care are at risk because of a growing trend in the control of health care facilities. Medical facilities tied to religious institutions are playing an increasingly large role in Washington. Currently, 40% of hospital beds statewide are in religiously affiliated institutions, and that could rise to nearly 50% by year’s end. Already in certain counties and parts of Washington, the only hospitals or health care facilities serving the public are religiously affiliated.

Hospitals are merging because of pressures to improve coordination of patient care, modernize health care systems, and make health care more affordable for all. As a result, many of our state’s hospitals in small and rural communities are looking to partner with large health care corporations. The health care partners with the capital and resources to help keep struggling hospital doors open are affiliated with Catholic institutions.

When a secular medical hospital partners (or merges or affiliates) with a religiously affiliated health care corporation, it limits the ability of patients to choose critical medical services they may need. Catholic hospitals are required to abide by the Ethical and Religious Directives for Catholic Health Care Services (ERDs). The ERDs restrict a patient’s right to access all lawful and medically appropriate health care services, counseling, and referrals. As a result, many residents may not be able to exercise their reproductive and end-of-life health care choices or access health services free from discrimination.

It’s not just hospitals that are affected—physician practice groups, medical laboratories, medical clinics, and medical education are also impacted by the rise in religious restrictions on health care.

The growth of religiously controlled medical care is threatening legal rights. Washington is a progressive state that has led the nation in championing bodily autonomy and health care choice. The Reproductive Privacy Act, enacted by voters statewide in 1991, establishes as public policy of the state of Washington that “every individual has the fundamental right to choose or refuse birth control,” and “every woman has the fundamental right to choose or refuse to have an abortion.” In 2008, voters enacted the Death with Dignity Act which allows terminally ill adults seeking to end their life to request lethal doses of medication from medical and osteopathic physicians.

Washington has also been a leader in advancing and protecting the rights of LGBT citizens. In 2006, the legislature passed the landmark Anderson Murray Anti-Discrimination Law; it prohibits discrimination based on sexual orientation and gender expression or identity, including discrimination by providers of medical services. This past fall, Washington voters removed the state’s prohibition on marriage for same-sex couples.

What the growth of religious facilities operating according to the ERDs means for patients is that denials of critical health care services that we’ve seen in other states are happening here in Washington.

The ACLU of Washington is working to ensure that everyone can make health care decisions without religious interference. We are seeking to learn more about the extent of religious restrictions on health care in our state.

We invite patients and providers to complete our confidential questionnaire to share their experiences accessing or providing reproductive and end-of-life health services, counseling, and referrals in Washington state. We also would like to hear about any experience of discrimination on the basis of sexual orientation or gender identity and expression in seeking or accessing health care services, counseling, or referrals in Washington state.

To learn more about what the ACLU of Washington is doing, please visit www.aclu-wa.org/myhealthcare.

Choosing Reason over Revenge: Former Governor Dan Evans Speaks Out on the Death Penalty

scoleman — Fri, 26 Apr 2013 20:03:18 +0000

Opponents to the death penalty have been stating many reasons, for many years, why the death penalty should be removed from our judicial system. In March of this year, Daniel J. Evans, our former governor, added his powerful voice and told the Washington Legislature about his reasons:

“When I became governor in 1965 the death penalty was not an issue. Challenges of redistricting, education, social services, and transportation filled the legislative agenda.

“Several years later I visited the state penitentiary in Walla Walla with Warden Rhay and walked the halls of that grim prison. On our tour we passed a small courtyard surrounded by bleak prison walls. A dozen inmates were playing basketball in the yard and I asked the warden why they were isolated. He replied, ‘These are the men on death row.’ I suddenly realized that, as Governor, I had the final say over life or death for these men. I inherently felt that was wrong and began a serious study of the death penalty.

“I first had to answer the question ‘What would my reaction be if one of my children was murdered?’ My first reaction was, ‘Give me a chance for revenge.’ But that would not bring my child back and revenge is a dismal character trait. As I studied more, I found that the death penalty was no deterrent. States with the most executions continued to have the highest murder rates.

“Citizens often asked me ‘What about the cost of keeping these murderers in prison the rest of their lives?’ I found that the cost of a trial and repeated appeals far exceeded the cost of imprisonment for life and delayed justice unconscionably.

“Finally, with the development of modern investigative tools and DNA evidence, we are discovering frighteningly numerous cases of mistaken identity and error which have sent too many innocent humans to their death.

“Only once as Governor was I faced with the decision of death or stay of execution. John William Hawkins was sentenced to death and his execution was rapidly approaching. I issued a one-year stay of execution so that the results of a recent US Supreme Court decision could be applied to his case. Ultimately the execution was set aside and he served a life term in prison. I vowed not to allow any executions to take place during my term as governor. The chance for error was too great and the costs too high.

“If the death penalty is no deterrent, is enormously costly, and riddled with errors, all that is left is revenge. Is that an appropriate goal for a civilized nation? I think not. Recent statistics show that only four nations execute more people than the United States. Those are China, Iran, Iraq, and Saudi Arabia. That is in stark contrast to the entire continent of Europe, which has banned the death penalty.

“I urge this legislature to substitute ‘life in prison without parole’ for the death penalty. It would place us with those civilized nations and states who have chosen reason over the satisfaction of revenge.”

If you agree with former Governor Evans and want to get involved with ending the death penalty in Washington, please let us know! To get involved, go to: https://salsa3.salsalabs.com/o/50572/p/salsa/web/common/public/signup?signup_page_KEY=6851

Restorative Justice: Helping Kids Learn from Their Mistakes

jthomas — Tue, 02 Apr 2013 23:07:56 +0000

Kids can’t learn if they aren’t in school. That’s why our state has a mandatory attendance rule that requires students to go school or give a good reason why they have missed a day of class time.

But our current discipline laws allow schools to expel or suspend kids as a punishment for breaking rules sometimes for even minor infractions. These laws have resulted in an increase in kids – especially kids of color – missing out on an education, falling behind in class, and often dropping out and getting involved in criminal courts. Schools are missing an opportunity to teach kids about self-discipline, good citizenship, and empathy by kicking them out instead of using their misbehavior as a teachable moment.

As an intern, I’ve been researching Restorative Justice. This is an approach that has been successfully used to reduce suspensions and expulsions, especially among students of color, in schools across the nation, including in Oakland, Denver, and Chicago. Restorative Justice focuses on the needs of all parties involved (victims, community, and offenders). Offenders are encouraged to take responsibility and make amends for their actions, through such means as apologizing or performing community service. Rather than simply punishing and ostracizing misbehaving students, it educates and integrates them into the community.

My interest in the use of Restorative Justice and other Positive Behavior Intervention Strategies is more than academic. Without strategies like these, I might not have completed high school and college and been poised to start law school in the fall.

When I was a teenager in eighth grade, I was really into wrestling. The Undertaker was my favorite wrestler, and his choke slam was my favorite move. The choke slam is when you pick someone up by the throat and throw them to the ground. One day at school, I ran into a fifth-grader who was making fun of the Undertaker. Needless to say, this didn’t sit well with me and I showed him a choke slam.

I carried on with my day as if nothing happened until lunch, when the principal came to the cafeteria (never a good sign), walked right to my table (an even worse sign), and asked me to come to her office. She asked me why I thought she called me in, and I didn’t answer, though I knew. She told me that slamming a 10-year-old against a cement floor is not why parents send kids to school. The principal said that they do not tolerate students putting their hands on each other and that I was going to be suspended.

A suspension from school is the worst. You feel like a failure, and worst of all you feel like nothing you do can ever make up for it. But there was even more to come, and in hindsight I’m thankful there was.

The school called my grandmother, with whom I was living. As the principal, my grandmother, and I talked about the situation, I saw nothing but disappointment in my grandmother’s face, which is worse than anger.

At home, I was banned from watching wrestling. At school, they wanted me to learn how older kids need to be careful around younger kids, so besides the three-day suspension, I also had to volunteer in the kindergarten class. When I look back, it’s clear that the behavior intervention actions used – discussion, involvement of multiple affected people, and volunteering – made a big difference. Because the school and my family took the time to address my behavior, I never went back to the principal’s office.

By not assuming the worst in students and trying to fix behavior before it gets worse, Restorative Justice engages in what should be a standard at schools. If I had just been suspended, without the conversations and volunteer experience, I wouldn’t have learned the important lessons I did and may have continued to act out.

I was lucky to have supportive school and home environments. But what happens to kids who don’t have those supports? Kids don’t come fully assembled; they should be given the opportunities to learn from their mistakes and grow.

Hearing Educated Legislators about Failings of Death Penalty

bsmith — Thu, 21 Mar 2013 00:40:48 +0000

Earlier this March, Washington’s House Judiciary Committee held a public hearing on HB 1504, legislation that would replace the death penalty with life in prison without the possibility of parole.

Bill sponsors Rep. Carlyle and Rep. Walsh were the first to testify. Rep. Walsh read a moving statement from former Governor Dan Evans urging lawmakers to repeal Washington’s death penalty. “I urge this legislature to substitute ‘life in prison without parole’ for the death penalty. It would place us with those civilized nations and states who have chosen reason over the satisfaction of revenge,” Evans said in a written statement.

Law enforcement leaders stated that the death penalty was ineffective in deterring violent crime. “I believe an execution does absolutely nothing to enhance public safety, a view shared by most of my colleagues,” said Norm Stamper, former Seattle police chief.

Twenty individuals subsequently testified in favor of the bill, including victims’ family members, law enforcement officers, faith leaders, and members of the public. The hearing concluded before the full list of testifiers was exhausted. No one signed up to testify against the bill.

Although HB 1504/SB 5372 was not voted out of Committee this year, the Safe and Just Alternatives campaign successfully raised the profile of the issue in Olympia and effectively educated legislators and the public about the failures of the death penalty. The March 6 hearing and our press conference received extensive coverage on local TV, radio and in papers across the state

Video from the hearing is available here.

Lobbying in Olympia to End the Death Penalty

bsmith — Thu, 28 Feb 2013 23:14:46 +0000

On February 12^th, nearly 60 concerned people from 26 legislative districts came together to voice their opposition to Washington state’s death penalty. From Bellingham and Vancouver to Spokane and Walla Walla, constituents trekked to Olympia to meet with their elected officials. Over the course of four hours, teams attended 67 legislative appointments and had an opportunity to meet with Rep. Reuven Carlyle and Sen. Adam Kline, sponsors of legislation to end the death penalty.

Participants reported that many of their meetings with legislators were productive. The exorbitant cost of maintaining a death penalty system is particularly concerning to many lawmakers, as is the arbitrary nature of its imposition and its negative impact on the families of homicide victims.

Proponents of repeal still have another opportunity to influence legislators this session. On Wednesday, March 6^th at 8 am in O’Brien Building, Hearing Room A, the House Judiciary Committee will hold a hearing on HB 1504, legislation that would repeal the death penalty in Washington. The public hearing and a press conference following it will be an opportunity to discuss the many reasons to end the death penalty and to continue to build momentum for next year’s legislative session.

As the fight for repeal continues, legislatures across the country are increasingly in favor of abolishing the death penalty. Maryland is moving toward to repeal their death penalty within the next month, with Montana, Kansas, and Colorado legislatures also considering repeal.

For more information about efforts to end the death penalty in Washington, please visit www.sjawa.org.

Safe and Just Alternatives is a campaign that seeks to replace the death penalty with life without parole through legislation. SJA includes people of faith, law enforcement officials, family members of crime victims, and community leaders from across the state who believe that the death penalty is wasteful, unfair, and fails to protect public safety.

Protect privacy as Seattle Police drones take off

ShankarDoug — Wed, 02 Jan 2013 18:11:08 +0000

Looking for a growth industry in a down economy? Drones, best known as tools for going after alleged terrorists abroad, are coming in force to American skies. They already are deployed to patrol our nation's borders. And the Federal Aviation Administration is predicting that there could be as many as

30,000 unmanned aerial vehicles over domestic skies by the end of the decade, according to a report in the Washington Times.

We should keep in mind the likely development of America's drone industry as Seattle considers policies for law enforcement use of unmanned aerial vehicles.

If society is not vigilant, new technology can outpace public policy.

The drones of the not-too-distant future may be far different from the toylike vehicles the Seattle Police Department is showing off today. The public is understandably nervous over drones' game-changing implications for privacy and generalized surveillance by the government.

What was once the stuff of science fiction is becoming big business. Drones have their own trade group, the Association for Unmanned Aerial Systems International, which includes some of the nation's leading aerospace companies. For its part, Congress now has "drone caucuses" in both the Senate and House.

The Seattle Police Department points out that the two drones it has obtained thus far - under a grant from the Department of Homeland Security - are small and have limited capabilities. Their battery life is less than 10 minutes, and they can't carry more than 35 ounces. Under FAA guidelines, they cannot hover below 400 feet and cannot be used above crowds.

But with drones emerging as a cornerstone of our military strategy, research is proceeding apace. We can bet that drones will become more powerful, more versatile and less expensive. Advances in artificial intelligence will enhance their ability to carry out increasingly invasive surveillance. We can expect drones that will carry high-power zoom lenses, employ thermal imaging and use radar to penetrate the walls of homes and businesses. With facial recognition software, they will be able to recognize and track individuals. And the Air Force is testing a system called "Gorgon Stare," which uses multiple cameras to look at a whole city.

Unmanned aerial vehicles make it easier than ever for law enforcement to monitor people and locations. If police drones become commonplace, government will be tempted to seek new missions beyond the initial deployment for search-and-rescue and crime scene work.

And if data captured by drones is not immediately deleted, it would become a massive trove of video, audio, and other data potentially available to anyone who seeks it under public disclosure laws. Although cameras have proliferated in our society, drones are different both because of their surveillance capabilities and the fact that it is the government doing the recording. In a democratic society, people should be able to go about their daily activities without their movements, activities, and associations being recorded and tracked by the government. Americans do not want to live in a "surveillance society."

In light of these concerns, the Seattle Police Department has drafted guidelines for its use of drones and is seeking public input. But police department policies alone are not sufficient. We need regulations enacted by our elected officials and enshrined in law to ensure that police drones are not used for political surveillance, nor do they carry weapons.

The Seattle City Council needs to specify when and how drones are to be used - only for legitimate law enforcement purposes when no other mechanism will do - and provide that information collected by drones not be stored unless directly related to criminal activity. In nearly all circumstances, there should be a warrant requirement for collection of data by drones. There should be an auditing process to ensure the law has teeth.

Seattle has a chance to become a national leader in establishing reasonable, privacy-protective regulations for law enforcement use of drones. It's an opportunity our leaders should seize without delay.

Celebrating a Year of Making History in Washington State

honig — Sat, 15 Dec 2012 09:00:00 +0000

Ever since 9/11, civil libertarians have been known for issuing dire warnings about erosions of fundamental rights: Guantanamo, indefinite detention powers, warrantless wiretapping, America’s addiction to incarceration, attacks on women’s reproductive freedom, use of RFID chips on public school students (yep, a girl in Texas is actually suing her school district over that one). These are serious and ongoing concerns.

Yet as we at the ACLU think about the state of civil liberties on Dec. 15, the anniversary of the Bill of Rights, we find much to celebrate. It’s truly been a year of making history in Washington state.

The ACLU of Washington first represented a gay couple, John Singer and Paul Barwick, seeking to marry in 1971. Four decades after the courts rejected them, the state legislature this past February took the bold step of approving civil marriage for same-sex couples. Though no state had ever approved marriage equality at the ballot box, Washington’s voters upheld our new marriage law by approving Referendum 74.

In early November, at our annual Bill of Rights Dinner, Major Margaret Witt received an award for her heroic persistence in successfully challenging “Don’t Ask, Don’t Tell.” Upon accepting the honor, she proposed on the spot to her partner Laurie Johnson. They’re getting married this month.

Our nation’s misguided and costly "War on Drugs" has undermined civil liberties in many ways: eroding protections against unlawful searches and seizures, imposing overly harsh sentences on individuals and disproportionately impacting communities of color. Five years ago the ACLU-WA launched “Marijuana: It’s Time for a Conversation,” an education campaign to put marijuana law reform on the public agenda. Though we offered to have its video run as a paid “infomercial,” local TV stations either refused to air it or would do so only in the wee hours of the morning.

But this fall saw I-502, a measure that legalizes, regulates, and taxes marijuana use by adults, gain remarkably widespread support. Endorsing it were two former U.S. attorneys, the former head of the local FBI office, Seattle City Attorney Pete Holmes and new King County Sheriff John Urquhart. It passed with more than 55 percent of the vote statewide; it won a majority in 20 of the state’s 39 counties. As of Dec. 6, local law enforcement can no longer arrest adults for who possess up to an ounce of marijuana for personal use.

For decades the ACLU-WA and other civil rights groups have worked to curb excessive use of force by police, especially against communities of color. Two years ago, we were joined by 34 other organizations in calling for the Department of Justice (DOJ) to investigate the Seattle Police Department (SPD). The feds accepted, scrutinized SPD practices, and rendered their verdict: the SPD uses excessive force. A U.S. District Court- supervised consent decree is now in place, with a monitor appointed to watchdog reform efforts. While we’ve seen blue ribbon efforts come and go, the backing of the DOJ and court raise hopes that this time reforms will be long-lasting.

We’re also pursuing other long-needed changes through the courts. For six years in junior and senior high, Russell Dickerson III was subjected to severe verbal and physical harassment by peers in Aberdeen public schools. But he stood up for his rights, and this winter gained a major settlement through an ACLU lawsuit on his behalf. It sent an important message to educators statewide: There’s a price to be paid if you fail to stop bullying.

And this spring, we learned that the SPD had received permission from the feds to employ two unmanned aerial drones. The ACLU pointed out that while police drones may have some valuable uses, they provide an unprecedented ability for the government to spy on law-abiding people. We are insisting that city officials write restrictions on drones into law, and Councilmember Bruce Harrell says that he intends to pass legislation – which would make Seattle the first major city to take such action.

That would be a nice way to make history next year.

This article first appeared in the Dec. 13 issue of Real Change.

Facing Race and the Death Penalty

mfaruqee — Wed, 12 Dec 2012 00:10:38 +0000

Recently, a group of community organizations released Facing Race, a report that assesses that the voting records of Washington state legislators in promoting racial equity. Notably, the report recognizes ending the death penalty is one change that our state representatives should make to advance the goal of racial justice in Washington.

Although African Americans comprise less than 4 percent of the state’s population, 4 of the 8 men on the state’s death row are African American. The overrepresentation of African Americans on Washington’s death row parallels a national pattern: African Americans represent nearly 42 percent of death row inmates across the country yet represent only 13 percent of the U.S. population.[i]

The disproportionate number of African Americans on death row is not simply a result of African Americans committing higher rates of first degree aggravated degree murder – the only “death-eligible” crime in Washington. Since the state reinstated capital punishment in 1981, African Americans comprised 18 percent of all “death-eligible” cases, yet African Americans have received over 25 percent of the death sentences imposed since 1981.[ii]

The data on homicide cases in Washington also indicates that the race of the victim impacts whether the state imposes a death sentence. Prosecutors asked for the death penalty in 28 percent of cases with one white victim, but only 18 percent of cases involving a victim of color.[iii] For cases with a white defendant and a non-white victim, the rate drops to less than 13 percent.[iv]

While prosecutors appear to seek the death penalty against African American and white defendants at fairly equal rates, it important to note that juries are more likely to impose the death penalty for African American defendants. In a recent dissenting opinion for the Washington Supreme Court, Justice Charles Wiggins expressed concern regarding this statistical trend.

Judge Wiggins opinion presented an analysis of 73 cases in which prosecutors sought the death penalty, and found that juries ultimately imposed the death penalty in 40 percent of cases involving white defendants and in 62 percent of cases involving African American defendants. In addition, Judge Wiggins pointed out that African American defendants sentenced to death on average had less aggravating factors than white defendants; and all but one of the African American defendants had a single victim while most of the white defendants had multiple victims. [v]

Significantly, Judge Wiggins asserted that the racial disparities in death penalty cases may be rooted in unconscious bias:

I emphasize that this opinion does not accuse anyone in the criminal justice system of racism, whether they are police, prosecutors, defense counsel, witnesses, jurors, or judges. The African-American experience in this country has been complex and frequently tragic. Attitudes about race can be so deeply buried in our individual and collective unconscious that it is difficult to evaluate their effect on our judgments or the judgments of others. The point is not that African- Americans have been deliberately treated differently with respect to the death penalty; the point is that they have in fact been treated differently.[vi]

The racial disparities in death penalty cases in Washington reflect the racial disparities that exist at every stage of the criminal justice system. As the Facing Race report points out, the disproportionate representation of people of color in Washington’s courts, jails, and prisons is evidence of unequal treatment. The over-representation of people of color in Washington’s criminal justice system cannot be explained by people of color committing more crimes, or more violent crimes. So, we need to recognize that ending the death penalty is one piece of reforming the broader criminal justice system – particularly the punitive policies and practices that have disproportionally affected people of color in our state.

Although we are a long way from achieving racial justice in our criminal justice system – or in our state as whole – state leaders can take a big step in this direction by repealing Washington’s death penalty. When the legislative session begins in a few weeks, lawmakers will consider a bill to replace the death penalty with life in prison without parole. Safe and Just Alternatives is organizing a Lobby Day in January so that constituents from across the state can tell their legislators that it is time to end a fundamentally unjust punishment in Washington.

[i] NAACP Legal Defense and Education Fund, “Death Row USA,” Spring 2012. http://www.deathpenaltyinfo.org/documents/DRUSASpring2012.pdf

[ii] Based on an analysis of 300 trial reports filed with the Washington Supreme Court from 1981 to 2012 pursuant to RCW 10.95. Trial reports for aggravated murder convictions are available upon request from the Washington State Supreme Court.

[iii] Ibid.

[iv] Ibid.

[v] State v. Davis, 175 Wn.2d 287 (Sept. 20, 2012)(Wiggins, J. concurring in dissent), p. 4.

[vi] State v. Davis, 175 Wn.2d 287 (Sept. 20, 2012)(Wiggins, J. concurring in dissent), p. 2.

At Last, Love and Equality Win the Day

ktaylor — Thu, 06 Dec 2012 17:00:12 +0000

Love and equality won nearly 54% of the vote in Washington on November 6^th. In approving Referendum 74, the voters recognized that all committed, loving couples, gay and straight alike, should be able to marry under state law. And on December 9th same-sex couples were able to take matrimonial vows in homes and courthouses across our state for the first time!

Reaching this victory has been quite a journey as people have traveled from fear and discrimination to acceptance and support. It was more than 40 years ago, in 1971, that a gay couple, John Singer and Paul Barwick, first challenged King County’s denial of their application for a marriage license. They came to the ACLU-WA, and we took their case all the way to the Washington Supreme Court. Although the Court wasn’t ready to accept same sex marriage, John and Paul blazed a trail others would follow. It is rough to be a trailblazer. Singer lost his job at the Seattle office of the Equal Opportunity Employment Commission, of all places, for simply publicly advocating for marriage equality. The ACLU took that case, too. It went all the way to the U. S, Supreme Court, which ordered a re-hearing, and in 1978, Singer was reinstated with full back pay!

Also in the ‘70s, we fought for the right of gay parents to maintain custody of their children, a right that was upheld by the Washington Supreme Court upheld (Schuster v. Schuster) in 1978. Washington was an “early adopter,” years before other states saw the light. Still the state Supreme Court was not ready for marriage equality even in 2004 when we filed suit (Castle v. State) for 11 same-sex couples around the state. While the Thurston County Superior Court ruled for the right to marry, it was reversed 5-4 by the state Supreme Court.

Finally this year, as a founding member of Washington United for Marriage, the successful campaign to Approve Referendum 74 to retain the state’s marriage equality law, the ACLU enjoyed seeing the people of Washington endorse the right that John and Paul fought for decades ago.

Not long afterward, the owner of the shop where the ACLU gets its annual awards framed for our annual dinner told me, as he tore up our bill, that on the day that R-74 was victorious, his partner of more than 20 years proposed to him. “Thank everyone back at the office for all their work to make our wedding possible,” he said. And when the Civil Libertarian Award that he framed was presented to Major Margaret Witt at the Bill of Rights Dinner, she proposed on the spot from the stage to her partner Laurie Johnson. They were married in December.

Let’s raise a toast in celebration of love and equality! A toast to the thousands of loving couples across the state are now able to publicly proclaim their commitment to one another – and look forward to a bright future together – legally married.

And, let’s also raise a toast to the many leaders in our community who championed the freedom to marry for years. And to our champions in the state legislature who tirelessly pursued the issue until it gained passage. And to business leaders, faith leaders, and leaders from communities of color who stood publicly in support of marriage equality. And to the thousands of volunteers – gay and straight – who donated millions of hours to make calls, knock on doors, and have courageous conversations with their neighbors about the importance of marriage to all loving couples.

Thank you to everyone that this tremendous achievement possible. To love and equality!

Liberty Links: An Outpouring of Heart-Warming Stories

honig — Thu, 06 Dec 2012 01:24:48 +0000

With the approval of R-74, same-sex couples across the state are getting ready to line up to obtain marriage licenses starting Dec.6 and are moving forward with long-cherished dreams for marriage ceremonies. Our state’s media have been filled with their truly heart-warming stories.

Want to know why – and how much – marriage equality means to loving, committed couples? Check out some, or all, of these reports.

After decades together, Whatcom County gay couples finally will be able to wed http://www.bellinghamherald.com/2012/12/02/2786281/after-decades-together-whatcom.html#storylink=cpy

Washington same-sex marriage law arrives as public attitudes change (Clark County) http://www.oregonlive.com/mapes/index.ssf/2012/12/washington_same-sex_marriage_l.html

First couple: Lisa Brodoff, Lynn Grotsky to get first Thurston same-sex marriage license http://www.theolympian.com/2012/12/03/2340694/first-couple-lisa-brodoff-lynn.html?storylink=addthis#.UL0_-2HpZg0.twitter#storylink=cpy

Gay marriage, marijuana measures take effect Thursday (Island & Snohomish County) http://www.heraldnet.com/article/20121202/NEWS01/712029939

The line starts early for marriage licenses (Pierce County) http://www.tacomaweekly.com/dailymashup/view/the-line-starts-early-for-marriage-licenses/

Same-sex marriage is a go Dec. 6 in Pierce County http://www.weeklyvolcano.com/entertainment/spew-blog/2012/12/same-sex-marriage-licenses-available-at-pierce-county-auditor-office/

Vestal: Witt has next civil rights victory scheduled (Spokane) http://www.spokesman.com/stories/2012/dec/05/vestal-witt-has-next-civil-rights-victory/

After 40 years together, Clark County men will be first in line for marriage license http://seattletimes.com/html/localnews/2019829509_marriage05m.html#.UL88nT9yq0E.twitter

After 3 decades, couple finally to legally wed (King County) http://www.kirotv.com/videos/news/after-3-decades-couple-finally-to-legally-wed/vjSGz/

Longtime couple to be among first in line under same-sex marriage law (King County) http://q13fox.com/2012/12/03/longtime-couple-to-be-among-first-in-line-for-marriage-licenses-thursday/#ixzz2E6rUnEGD

Local same-sex couples prepare to marry this week (Spokane County) http://www.youtube.com/watch?v=IKSBVf8ks2I

Radio

Wash. County Holds Lottery For First Same-Sex Marriage Licenses (Thurston County) http://www.kuow.org/post/wash-county-holds-lottery-first-same-sex-marriage-licenses#.UL4dC5AMAFk.twitter

Internet

Seattle Times invites couples to post photos and stories http://samesexwa.tumblr.com/

Other TV & Radio coverage

After 8 Years, Spokane Pastor Will Perform Marriages, Gay And Straight

http://www.kuow.org/post/after-8-years-spokane-pastor-will-perform-marriages-gay-and-straight#.UL4bv2h_y2E.twitter

Wedding planners celebrate business bump as same sex couples marry (King County) http://www.king5.com/news/Wedding-planners-celebrate-bump-in-business-same-sex-couples-181934111.html

Town Hall answers same-sex marriage questions (King County) http://www.king5.com/news/local/Town-Hall-answers-same-sex-marriage-questions-181950801.html

Washington counties brace for same-sex marriage rush (King, Pierce & Snohomish) http://kplu.org/post/washington-counties-brace-same-sex-marriage-rush#.ULzja8MsY5c.twitter

Want to know why – and how much – marriage equality means to loving, committed couples? Check out some, or all, of these reports.

Print:
After decades together, Whatcom County gay couples finally will be able to wed http://www.bellinghamherald.com/2012/12/02/2786281/after-decades-together-whatcom.html#storylink=cpy

Washington same-sex marriage law arrives as public attitudes change (Clark County) http://www.oregonlive.com/mapes/index.ssf/2012/12/washington_same-sex_marriage_l.html

Gay marriage, marijuana measures take effect Thursday (Island & Snohomish County) http://www.heraldnet.com/article/20121202/NEWS01/712029939

The line starts early for marriage licenses (Pierce County) http://www.tacomaweekly.com/dailymashup/view/the-line-starts-early-for-marriage-licenses/

Same-sex marriage is a go Dec. 6 in Pierce County http://www.weeklyvolcano.com/entertainment/spew-blog/2012/12/same-sex-marriage-licenses-available-at-pierce-county-auditor-office/

Vestal: Witt has next civil rights victory scheduled (Spokane) http://www.spokesman.com/stories/2012/dec/05/vestal-witt-has-next-civil-rights-victory/

After 40 years together, Clark County men will be first in line for marriage license http://seattletimes.com/html/localnews/2019829509_marriage05m.html#.UL88nT9yq0E.twitter

County auditor readies for same-sex marriage applications (Skagit Co) http://www.goskagit.com/all_access/county-auditor-readies-for-same-sex-marriage-applications/article_dcbab30b-61d6-5a89-b6b6-3ff7a95c3860.html

TV:
After 3 decades, couple finally to legally wed (King County) http://www.kirotv.com/videos/news/after-3-decades-couple-finally-to-legally-wed/vjSGz/

Local same-sex couples prepare to marry this week (Spokane County) http://www.youtube.com/watch?v=IKSBVf8ks2I

Radio:
Wash. County Holds Lottery For First Same-Sex Marriage Licenses (Thurston County) http://www.kuow.org/post/wash-county-holds-lottery-first-same-sex-marriage-licenses#.UL4dC5AMAFk.twitter

Internet
Seattle Times invites couples to post photos and stories http://samesexwa.tumblr.com/

Other TV & Radio coverage:
After 8 Years, Spokane Pastor Will Perform Marriages, Gay And Straight
http://www.kuow.org/post/after-8-years-spokane-pastor-will-perform-marriages-gay-and-straight#.UL4bv2h_y2E.twitter

Wedding planners celebrate business bump as same sex couples marry (King County) http://www.king5.com/news/Wedding-planners-celebrate-bump-in-business-same-sex-couples-181934111.html

Town Hall answers same-sex marriage questions (King County) http://www.king5.com/news/local/Town-Hall-answers-same-sex-marriage-questions-181950801.html

Washington counties brace for same-sex marriage rush (King, Pierce & Snohomish) http://kplu.org/post/washington-counties-brace-same-sex-marriage-rush#.ULzja8MsY5c.twitter