Illinois Brief

A publication of the American Civil Liberties Union of Illinois » Volume 66 » Number 1 » Spring 2008
The
Illinois Brief

Congressman LaHood, Capitol Fax Editor,
Members Voices Highlight 2008 ACLU of
Illinois Membership Conference
O
utgoing U.S. Representative
Ray LaHood and Illinois State
Senator Dave Koehler, both of
Peoria, and Rich Miller, editor of Illinois’ influential on-line publication
Capitol Fax, highlight a stellar line
up of participants at the 2008 ACLU
of Illinois Membership Conference.
The event, scheduled for Saturday,
April 5th at the historic Pere Marquette Hotel in downtown Peoria is
free to ACLU members. We encourage you to register early, as this
event will fill up!
This year’s membership conference – titled Raising Freedom’s Voice
in Illinois – will focus on how the
ACLU and its supporters can work
to restore constitutional rights in
2008 and in the years ahead. The
program gives ACLU members an
opportunity to voice their own views
about the state of civil liberties and
plans for the future.
“We are so pleased that Congressman LaHood agreed to join us
for this event,” said Colleen Connell,
Executive Director. “The Congressman’s long experience in Washington provides unique insight on the
tensions within government between
protecting civil liberties and national
security.”
ACLU members across the country and across Illinois report great
anticipation at the prospect of the
end of the Bush Administration in
January 2009.
“We know that it is going to take
some time and a lot of hard work
to repair the damage done to our
constitutional values by this Admin-
istration,” added Connell. “But how
do we organize ourselves to do that
work? What messages will move
the public to advance this work?
What can we do to improve the
climate for civil liberties in Illinois?
And, what do our members want us
to do going forward?”
“We anticipate discussing all
these questions at our 2008 Membership Conference.”
The program begins a keynote
address by Rich Miller of the Capitol
Fax on-line publication and blog.
Miller, considered the ultimate Illinois political “inside” reporter, will
discuss how the 2008 elections in
our state affect civil liberties issues.
A panel of participants – including:
State Senator Dave Koehler, Personal Pac President Terry Cosgrove,
Illinois NAACP President and civil
rights lawyer Don Jackson and ACLU
of Illinois Legislative Director Mary
Dixon – will discuss civil liberties issues in Illinois in 2008 and beyond.
ACLU of Illinois members will
have an opportunity to express their
views on priorities during a luncheon. The afternoon program features a discussion of federal issues,
and includes Congressman LaHood,
Ms. Connell and Jeani Murray, National Field Director for the ACLU.
“This event really is a great opportunity for us to hear from our
members and for our members to
learn from one another,” added Connell. “I hope that members will sign
up today.” •
Remember to renew your ACLU membership!
ACLU of Illinois
Membership
Conference
Saturday
April 5, 2008
Peoria
Free for Members
Register on Page 7 or
Online:
aclu-il.org/conference
IN THIS ISSUE
From the Executive
Director................................2
ACLU Joins Battle on
“Moment of Silence”............5
Real ID Update.....................5
Answering the Call:
Intake Volunteers.................4
Staff Profile..........................3
Register for the
Membership Conference......7
Tell us your ACLU story.......8
Page 2 » www.aclu-il.org
Civil Liberties on the Ascendancy
From Executive Director
Colleen K. Connell
Recent polling data shows that
most Americans think that the
country is on the “wrong track”
and headed in the wrong direction,
in large part because of the Bush
Administration’s disregard of the
Constitution and its evisceration of
our rights. Those same surveyed
Americans said that the next President, whoever he or she is, and the
next Congress, must do more to
protect civil liberties.
Additional polling data of likely
voters in the 2008 presidential election consistently reveals the importance potential voters attach to civil
liberties:
• 81 % want it made clear that the
U.S. Government opposes
torture;
• 73 % think that Congress should
establish a legal definition
of torture and that the President
should be legally bound to
follow that definition rather than
decide for himself or herself
what is “torture;”
• 70 % think it imperative that the
right of habeas corpus be
restored;
• 58 % are very concerned about
warrantless wiretaps of the
phones of millions of innocent
Americans; and
• 57 % want to close Guantanamo
and schedule trials in U.S.
courts for those held at
Guantanamo.
This data represents both good
news and a huge challenge for
“If we let up on the pressure, we run the risk that Congress
will assume that Americans don’t care enough about their civil
liberties to continue this fight.”
the ACLU and its members. Obviously, the civil liberties issues that
Americans are concerned about
are core issues for the ACLU and it
is gratifying that most Americans
are concerned about protecting
our Constitution. However, it will
be our challenge to keep the pressure on the next President, the next
Congress, and our fellow citizens, to
work to restore the rights that have
been compromised during the past
7 years.
In the face of this polling data and
countless other polls suggesting
the same concern for civil liberties,
the Bush Administration and its
allies in Congress continue to push
for a permanent expansion of the
authority of the federal government
to conduct warrantless surveillance
and to immunize private companies
who cooperate with the government
in violation of federal privacy laws.
And, Mr. Bush, in defiance of a law
he signed, continued to insist as late
as the first week of February, that
the President alone has the right
to decide whether to use torture in
interrogating prisoners, regardless
of law to the contrary.
In response, the ACLU and its
members must, again and again,
urge our Representatives and Senators in Congress to vote FOR the
Constitution and AGAINST warrantless surveillance and torture. At the
risk of repetition, we must again be
heard, despite many such appeals
on these same issues in 2006 and
2007. If we let up on the pressure,
we run the risk that Congress will
assume that Americans don’t care
enough about their civil liberties to
continue this fight.
We must also put our opponents
on the defensive and challenge
them to explain why they think it is
permissible to violate the Constitution and spy on innocent Americans.
Our insistence on abiding by the
Constitution is not the equivalent
of being “weak in the war on terror.” Insistence on warrants does
not limit the government’s ability to
conduct surveillance on potential
enemies or terrorists – it obviously
means only that government has to
play by the rules of the Constitution
every governmental official, from
the President on down, has taken an
oath to protect and defend.
Let us hope that the presidential
and congressional elections of 2008
herald in a new era of constitutionalism. Let us commit ourselves to
keeping the pressure on the next
occupants of the Congress and the
White House, reminding them that
they are but temporary occupants of
the People’s Houses. •
www.aclu-il.org » Page 3
ACLU / RBF Staff
Colleen K. Connell
Executive Director
K.T. Sullivan
Associate Director
Mary Dixon
Legislative & Director
James Ferg-Cadima
Legislative Counsel
Marcia Liss
Development Director
Yesenia Sotelo
Director of Technology & Membership
Dawn Herrera Terry
Director of Foundation Relations
Trisa Inzerillo
Associate Development Director
Jesse Larson
Development Assistant
Edwin C. Yohnka
Director of Communications & Public Policy
Allie Carter
Nick Rutan
Field Organizers
Althea Thomas
Finance Director
Sylvia Adams
Office Manager
Cristen Adams
Administrative Assistant
Legal Staff
Harvey M. Grossman
Legal Director
Benjamin S. Wolf
Associate Legal Director
Lorie A. Chaiten
Director, Reproductive Rights Project
John A. Knight
Director, GLBT & HIV Projects
Barbara P. O’Toole
Adam Schwartz
Gail Waller
Senior Staff Counsel
Leah Bartelt
Wendy Park
Sarah Schriber
Lori Turner
Legal Fellows
Ray Hughes
Dana Campbell
Legal Assistants
Officers of the Board of Directors
Jill Metz
President
Heidi Dalenberg
David Goroff
Cliff Kelley
Diane F. Klotnia
Vice-Presidents
Jennifer Minor Lansing
Secretary
Kerry A. Miller
Treasurer
Roger Pascal
General Counsel
Staff Profile: Nick Rutan
N
ick Rutan has worked at the
ACLU of Illinois for a few
short months, but in that
time he has covered a lot of ground.
“I’ve traveled as far east as Dixon,
as far south as Champaign-Urbana,
and as far north as Antioch to talk
about civil unions.”
As a Field Organizer, Nick works
with ACLU members and allied
groups to shore up constituent support for Senate Bill 2436 and House
Bill 1826, legislation that creates
civil unions in Illinois. His civic
engagement is a longstanding habit:
“Since I have been old enough, I have
taken off every Election Day to work
passing campaign material or as an
election judge.” After college, Nick’s
interest in politics naturally guided
his career path. He has worked as
an organizer in several local Chicago
elections, and organized Chicago
and other out-of-district volunteers
for Tammy Duckworth’s Congressional campaign.
Rutan is currently at work to help
achieve relationship recognition for
same sex couples in Illinois. “We
want to advance a bill that will provide same sex couples the protections and responsibilities of a legally
recognized civil union. These include
hospital visitation, critical medical
decisions—even the ability to honor
your partner’s wishes to be buried or
cremated—along with tax and pension consideration. Most couples do
not think twice about these protections, but for same sex couples in a
committed, loving relationship, their
absence can be devastating.” He
continues, “It motivates me knowing
that once we pass this legislation it
will make a difference in the lives of
so many families in Illinois.”
Ultimately, legislators work for
their constituents. Rutan’s job is to
mobilize ACLU members and supporters to remind their elected officials of that responsibility. “We talk
a lot about how to change the hearts
and minds of legislators. Letter writing, phone banking, legislative visits,
even hosting a small coffee for your
neighbors can have a great impact.”
What is the most important thing
an ACLU member can do to secure
fairness for all Illinois families?
The answer is simple, according
to Rutan: “The single most helpful
thing someone can do is let us know
they are willing to get involved in the
process. Just a little energy from a
few committed constituents can add
up to a big impact.” As the weather
warms and the spring legislative
session gets underway, Nick Rutan
will be working to harness that energy in a district near you. •
Urge Congress to Ignore Bush’s Scare Tactics
Call your Representative and ask him or her to stand
strong under Bush’s pressure and oppose warrantless
spying and immunity for companies that break the law.
http://www.aclu-il.org/fisa
Page 4 » www.aclu-il.org
Answering the Call: ACLU Intake Volunteers
A
t a crowded desk in a small
office, a young man leans over
a telephone receiver. “Hello!
ACLU… I’m all right, how are you?
So what’s the problem you’re having?” As he records the details of
the incident the caller describes,
another phone rings at an adjacent
desk, and a petite woman with picks
up: “Hello, you’re speaking with Ann
Rothschild at the American Civil
Liberties Union. Might I have your
name?”
Chris Benson and Ann Rothschild
are volunteers in the ACLU of Illinois
intake department. They respond
to individuals from across the state
who call to report concerns about
violations of civil liberties and rights.
Benson studies Political Science at Loyola University, Class of
2009. He began volunteering in early
January, as part of an internship.
Like most ACLU volunteers, he was
motivated chiefly by his respect for
the organization and its mission.
“I’ve always admired the ACLU. I’m a
big fan of what we stand for.” Rothschild says that the same impulse
motivated her to start volunteering while at Vermont’s Bennington
College, Class of 1937. “I just cared
about free speech and expression.
Always have.” She has been working
in the Illinois intake office “on and
off, forever.”
They sit side by side one day a
week, answering phones and returning calls about problems at home,
at work and just about everywhere
else, problems that range from
privacy to free expression and far
beyond. “I did have a man call once
because his wife never let him
speak,” says Rothschild with a sly
smile.
In fact, most callers’ problems fall
outside the purview of the organization, but everyone who calls gets
Interested
in
Volunteering?
Volunteers Chris Benson and Ann Rothschild in the ACLU Intake office.
a chance to explain their situation.
“We try to define our area of competence and helpfulness,” says
Rothschild, “and if we know of some
agency that can offer help in a way
that we can’t, we try to refer.”
People often call because they
don’t know what government services are available to them to resolve
a case of discrimination. Many want
lawyers, and make too much money
to qualify for legal aid, but cannot afford to hire an attorney themselves.
Others call because they have questions about the law.
Intake volunteers can refer callers to pertinent resources, but cannot offer counsel. “I find myself repeating, ‘I’m not a lawyer and I can’t
give legal advice!” says Benson,
whose future goals include becoming a public defender. Regardless of
their nature, calls are recorded in a
log. When a caller presents a civil
liberties issue that the ACLU would
be best equipped to respond to, the
legal staff will review the matter to
see whether the ACLU of Illinois can
offer legal assistance.
While the job can be frustrating at
times, both Rothschild and Benson report that it is ultimately very
satisfying. “Sometimes the agencies
we refer people to do help someone,
Benson says, “and a lot of the time,
people will say, ‘I’m so glad you
called back and listened to me,’ even
when we can’t help them”. “And you
teach people a lot about what their
rights are,” adds Rothschild. “I think
you make them stronger within their
society. That’s very valuable.” She
continues, “We serve to strengthen
mavericks within their communities. People who care about civil
rights, they’ll call us.” As Benson
nods in agreement, she concludes,
“I wouldn’t keep coming if it weren’t
rewarding.” •
If you are interested in volunteering at the ACLU, email us at
volunteers@aclu-il.org. You will receive our monthly volunteer
email listing ongoing opportunities to get involved.
www.aclu-il.org » Page 5
ACLU Joins Battle on “Moment of Silence”
The ACLU of Illinois recently
joined in court proceedings challenging a new law in the state requiring that all public schools begin
the day by observing a “moment of
silence.” According to new legislation, each school day in Illinois’ public schools is to begin with students
having “time” to either pray or to
“silently reflect on the day’s events.”
The ACLU traditionally opposes
“moment of silence” laws because
such laws place government in the
position of telling students when,
where and how to pray. It is critical
to recall that any individual student
can voluntarily pray in a non-disruptive manner at any time. In this
way, the decision about when – and
if – a student should pray during the
school day is left to individual students and their parents, not elected
politicians.
The new law now being challenged replaced a previous law
– dating back to the 1960s – that allowed each public school the option
of starting the day with a moment
of silence. But a number of legislators moved during the 2007 legislative session to make the moment
of silence observation mandatory,
comparing the event to the prayer
that begins each legislative session.
Indeed, one state senator, himself
a minister, actually said “we pause
here for a religious prayer. To think
our students should not pause for a
minute of – of silence.”
It is clear that the intent of this
legislation was to encourage prayer.
Shortly after the law was implemented – over a veto by the Governor – a local atheist activist and his
daughter brought a lawsuit against
a suburban school district. (Sherman v. District Township 214) Late
in 2007, the ACLU of Illinois joined
this lawsuit as a friend of the court,
arguing that the law has the purpose
and effect of coercing prayer in Illinois’ public schools and should be
struck down.
Since the law was instituted,
the ACLU has received complaints
from parents and teachers about
the way in which the law is being
implemented around the State. In
one instance, a school principal
used the morning announcements
over the intercom system to remind
students that it was November
11th – Veterans Day. The principal
encouraged the students to keep our
nation’s veterans “in their prayers
– in their payer and thoughts” during
the mandatory moment of silence.
In another instance, a third grade
teacher leading the “moment of
silence” in her classroom stood with
her eyes closed and head bowed as
though in prayer.
“Imagine an elementary level
classroom where a majority of
students – and the teacher – have
their heads bowed, hands pressed
together and are moving their lips in
a silent prayer,” said Harvey Grossman, Legal Director for the ACLU of
Illinois. “The minority of students
are bound to feel daily peer pressure
to join the prayer, even if it is not
part of their religious tradition.”
“Our public schools should be focused on their primary responsibility – teaching reading, math, civics,
science and other academic subjects
– not teaching religion. “
The ACLU of Illinois has filed a
number of legal briefs on procedural
matters involved in the litigation.
When the court asks for ultimate
briefs on the merits of the lawsuit
– that is, challenging the law, we will
file one for the court to consider the
ACLU’s view on this issue. •
REAL ID Update – Closer to a National ID Card?
An attempt to create a de facto
national identification card moved
one step closer to reality in January
when the U.S. Department of Homeland Security announced so-called
“final” regulations to govern the
implementation of the REAL ID Act,
a measure passed by Congress after
the 9/11 terrorist attacks. Under the
regulations, all 50 states and all U.S.
territories will be forced to meet
a national standard or risk having
residents of a state or territory denied access to commercial airplanes
or federal buildings. The federal
government hailed the regulations
as a step toward greater “security.”
Except one thing: the alleged
increase in security under REAL ID
doesn’t take effect for another six
years – and won’t be fully imple-
mented for another nine years. In
short, the announcement was more
“kicking the can” down the road than
actually implementing any changes
to drivers license procedures in the
United States.
REAL ID has confronted problems
from the beginning. The measure
was rushed through Congress with
little debate and no meaningful
hearings as part of legislation to
fund the Iraq war and tsunami relief.
The Homeland Security Department was charged with creating
regulations for creating a national
identification card and implementing the system quickly. But the
Department was unable to develop
these regulations for more than
three years – missing deadline after
deadline – and then pushed off any
real implementation until the next
decade.
This delay and inability to make
the system workable makes clear
the problems with REAL ID, problems that organizations concerned
with privacy have articulated and
caused state legislatures across the
nation to adopt bills and resolution
opposing any implementation with
REAL ID.
Sadly, the procedures called for
under REAL ID undermine steps that
many states were taking after 9/11
to improve security, while placing
the personal information of many
Americans at risk. As one example
of the privacy implications, one
need only consider what can happen to the information contained on
an Illinois driver’s license or state
(continued on page 7)
Page 6 » www.aclu-il.org
The News From Springfield
by Mary Dixon, ACLU Legislative Director
Join our Action Alert list!
Visit our website at http://www.aclu-il.org and sign up to receive ACLU lobby alerts via email! Your voice can make the
difference in our lobbying efforts!
Religious Freedom Protection and Civil Union Act
The Religious Freedom Protection
and Civil Union Act, House Bill 1826,
moved to the full House and still
awaits a floor vote. We are working
closely with House sponsor, Representative Greg Harris, and others to
reach the needed 60 votes.
We are pleased that State Senator Dave Koehler, a Democrat from
Peoria, recently filed a companion
bill in the Senate – Senate Bill 2436
– which means that we will begin
the lobbying and education process
this year. Our work is enhanced by
a comprehensive mobilization effort
that seeks to involve ACLU of Illinois
members and supporters in the lobbying effort on this legislation.
Illinois Reproductive
Justice and Access Act
Representative Barbara Flynn
Currie filed House Bill 5615, the
Illinois Reproductive Justice and Access Act The legislation is a critical
step forward in extending quality
health care in Illinois, ensuring that
all persons have appropriate and
necessary access to the full range
of reproductive education, healthcare and services including prenatal care, contraception, pregnancy
termination, comprehensive sexual
health education and screening
and treatment for sexually transmitted diseases. The bill, drafted
by Lorie Chaiten, Director of our
Reproductive Rights Project, is being advanced by a broad coalition
of pro-choice organizations and key
pro-choice legislators. It is a major
initiative that we intend to advance in
partnership with allied organizations
in the legislature. We anticipate that
the process will move forward this
year with subject matter hearings
taking place around the state before
the House Human Services committee. It is our view that such hearings
will greatly advance the process of
mobilizing advocates and educating
the public about the necessity of this
legislation.
Amending the Genetic
Information Privacy Act
Senators Terry Link (Democrat,
Vernon Hills) and Christine Radogno
(Republican, LaGrange) will sponsor
Senate Bill 2399, an amendment to
the Genetic Information Privacy Act
of 1998, an ACLU of Illinois initative.
The amendment bans all public and
private employers from requesting
or acquiring most genetic testing
information and prohibits all public
and private employers from firing,
demoting or otherwise retaliating
against applicants and employees
based on their own genetic testing information. Senators Link and
Radogno have also agreed to sponsor Senate Bill 2400, the Biometric
Information Privacy Act, which requires the government and business
sectors collecting biometric information tied to financial accounts and
personal information, to store them
in a similar or more secure manner
than other sensitive information.
Juvenile Justice
Representative Julie Hamos
(Democrat, Evanston) filed House
Bill 4988, a shell bill that will be
amended to raise the age from 10
to 13 for confinement of youth in
county detention facilities, consistent with current law that allows
for confinement of youth age 13 or
older in state youth prison facilities.
This legislation will also create a
task force to examine other aspects
of juvenile confinement including
the confinement of youth for misdemeanor offenses and for juvenile
parole violations.
DNA Testing
Two bills have been filed urging
the DNA testing of arrestees, legislation we have opposed for a number
of years. Senate Bill 1935 is sponsored by Senator Clayborne (Democrat, Belleville) and House Bill 4466
filed by Representative Susanna
Mendoza (Democrat, Chicago). We
believe such testing violates the Illinois and U.S. Constitution’s prohibition against unreasonable searches,
that such testing should stop with
convicted persons, and that it will
disparately impact people of color
and cause severe and continuing
harms to presumably innocent arrested persons.
Protecting
Religious Liberty
Last year, the General Assembly adopted legislation mandating
that every public school in Illinois
begin the school day with a moment
of silence, during which students
could either pray or contemplate
the days’ activities. (See page X for
news about litigation challenging
this legislation.) State Representative John Fritchey introduced House
Bill 4180 which rescinds the legislation passed last year, meaning that
schools may begin the day with a
moment of silence, but are not required to do so by law. The ACLU of
Illinois continues to support a repeal
of any reference to a moment of silence in Illinois law, but we applaud
this effort to fix the problems in the
statute adopted last year. In February, House Bill 4180 passed out of
committee and faces a House vote. •
www.aclu-il.org » Page 7
Register for the 2008 ACLU of Illinois Membership Conference
Saturday, April 5, 2008
Register Online:
http://www.aclu-il.org/conference
Hotel Pere Marquette
501 Main Street, Peoria, IL 61602
FREE Admission for
ACLU Members and Students
Agenda:
Name(s):_________________________________________________
8:30 am
Registration
Address:_________________________________________________
City, St, Zip:_______________________________________________
9:15 am
Opening Session
Email:____________________________________________________
9:30 am
Keynote Address
Phone:___________________________________________________
10:15 am
Civil Liberties Issues in 2008
Please reserve _______ vegetarian lunches.
11:45 am
Lunch and Open Mic
Please mail this form to:
Membership Conference
ACLU of Illinois
180 N Michigan, Ste 2300
Chicago IL 60601
12:30 pm
Civil Liberties in the 100th Congress
2:15 pm
Adjournment
Please contact Ed Yohnka at 312-201-9740
or eyohnka@aclu-il.org if you require special accomodations to participate.
REAL ID (continued from page 5)
identification card.
On the back of every Illinois’
identification card, there is a magnetic strip. Illinois encrypts most
the information that appears on the
front of your identification card in
that magnetic strip. One’s address,
gender, height, weight and eye color
all are available through the strip
on the card. Many merchants have
ID scanners that can capture that
information and store it.
The Illinois General Assembly
acted a few years ago, adopting
very specific, strict laws governing
how personal information can be
captured from the magnetic strip
and how identification cards can
be used by merchants. These laws
are undermined by REAL ID, which
override these state laws and offer
no protection from unscrupulous
businesses.
This is the reason that the Illinois
House and Senate last year acted to
oppose REAL ID, adopting a strongly
worded resolution calling on Congress to rescind the REAL ID Act.
The measure passed overwhelmingly in both houses.
Because the federal government
has never issued driver’s licenses
and lacks the capacity to do so, the
Homeland Security Department simply could not make REAL ID work.
Congress should act to scrap this
project now, and permit the states
with expertise in issuing licenses to
implement their own improvements
that improve security and protect
personal privacy. •
The Illinois Brief
(ISSN: 1044-7225) is published four times per
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American Civil Liberties Union of Illinois and
the Roger Baldwin Foundation of the ACLU,
Inc., 180 N. Michigan, Suite 2300, Chicago,
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