Cap City Liberty

Police Info Request on GPS Tracking in Wisconsin - Your Cell Phone Knows Where You Were Last Night . . . Who Else Does?

2011-08-10T20:35:00.000-07:00

This blog post by ACLU staffer Allie Boehm was originally posted on the national ACLU's Blog of Rights.

On August 3, 34 ACLU affiliates filed 379 public records requests in 31 states around the nation, including in Wisconsin, to seek information about how our local law enforcement agencies are using our cell phone location information to track us.

Chances are you’re walking around with a tracking device in your purse or pocket – a cell phone. Location data from your cell phone can make it easy to get directions or locate the nearest coffee shop, leaving no doubt that your cell phone knows where you are. Even if you use a dumb phone, cell phones constantly send out signals searching for the nearest cell tower in order to make sure your calls actually go through – and companies can estimate your location based on your proximity to nearby towers with ever-improving accuracy. The amount of time they store this information, and in how much detail, depends on the cell phone provider. (Remember the public outrage over Apple’s surreptitious storage of iPhone and iPad user’s location information a few months ago?)

Check out our interactive map to see what agencies we've requested records from in YOUR state!

What’s revealed by this perpetual tracking can be intensely personal; as a court recently found, one’s location might reveal “whether he is a weekly church goer, a heavy drinker, a regular at the gym, an unfaithful husband, an outpatient receiving medical treatment, an associate of particular individuals or political groups — and not just one such fact about a person, but all such facts.”Okay, I hear you thinking, “Right, but I’m not a criminal. Why should I care?” Think again. Law enforcement’s use of cell phone location data has been widespread for years. In fact, just last week, Sen. Ron Wyden (D-Ore.) asked Matthew Olsen, current general counsel for the National Security Agency and President Obama’s nominee to head the National Counterterrorism Center, whether the government can use cell phone location data to track Americans in the United States. Olsen replied, “There are certain circumstances where that authority may exist.” Cagey much?

Here’s what we do know: in 2010, FBI agents investigating a series of bank robberies demanded the records of every cell phone that was near each bank when it was robbed. That same year, Michigan police officers sought information about every cell phone near the site of a planned labor protest.

You might be asking yourself, “how can they do this?” Our laws simply haven’t kept pace with new technology. Furthermore, while we believe that law enforcement should always be required to obtain a warrant based on probable cause to access cell phone location information, the scary truth is that they don’t always obtain said warrant, and courts don’t always insist that they do.

What’s more, much of this jurisprudence is shrouded in secrecy, leaving the public in the dark about when our location information is sought and under what standards. And you were wondering why we only had two examples.

In order to lift the veil on this secrecy – and uncover some more examples of when, why, and how law enforcement agencies are using our cell phone location data to track us – 34 ACLU affiliates are filing public records requests with 379 agencies seeking information including:

whether law enforcement agents demonstrate probable cause and obtain a warrant to access cell phone location data;
statistics on how frequently law enforcement agencies obtain cell phone location data;
how much money law enforcement agencies spend tracking cell phones and
other policies and procedures used for acquiring location data.

We’ll keep you posted on what we learn. In the meantime, Sen. Wyden (D-OR) and Rep. Chaffetz (R-UT) have introduced bills that would create location privacy protections for law enforcement and the commercial sector. You can urge your representative and senators to support this legislation right now.

Supporting the Wyden/Chaffetz bill is just one way to Demand our dotRights -- we shouldn’t have to pay for our cell phones with our privacy rights.

You can read more about this nationwide info request in the LA Times or on Wisconsin Public Radio where the ACLU of Wisconsin was quoted on why GPS tracking is a matter of basic privacy concern. Stay tuned to the Cap City Liberty blog or follow us on Twitter @ACLUofWisconsin for updates as we learn more about police practices across the state.

Transgender People’s Right to Access Medical Treatment in Prison Upheld by Federal Court

2011-08-08T16:47:00.000-07:00

The U.S. Court of Appeals for the Seventh Circuit today upheld the right of transgender people to receive medical care while they are incarcerated. The American Civil Liberties Union, the ACLU of Wisconsin and Lambda Legal had challenged a Wisconsin law that prohibited prison doctors from prescribing hormone treatment or sex reassignment surgery to transgender inmates.

“This was a discriminatory law that cruelly singled out transgender people by denying them – and only them – the medical care they need,” said John Knight, senior staff attorney with the ACLU Lesbian Gay Bisexual and Transgender Project. “Too often the medical needs of transgender persons are not treated as the serious health issues that they are. We are glad that the appeals court has found that medical professionals, not the Wisconsin legislature, should make medical decisions for inmates.”

The appeals court wrote: “Surely, had the Wisconsin legislature passed a law that DOC inmates with cancer must be treated only with therapy and pain killers, this court would have no trouble concluding that the law was unconstitutional. Refusing to provide effective treatment for a serious medical condition serves no valid penological purpose and amounts to torture.”

In 2005, the state of Wisconsin passed a law that barred prison doctors from providing transgender inmates medically necessary hormone therapy or sex reassignment surgery while in state custody. The ACLU, the ACLU of Wisconsin and Lambda Legal sued the state on behalf of transgender inmates, some of whom had been receiving hormone treatment in Wisconsin prisons for years. An injunction was granted to continue hormone treatment until a ruling was made. In April 2010, after a full trial, a federal district court struck down the so-called “Inmate Sex Change Prevention Act.”

“The court correctly ruled that denying prisoners medical treatment constitutes cruel and unusual punishment,” said Dru Levasseur, Lambda Legal’s transgender rights attorney. “The medical needs of transgender people don’t disappear once they enter prison. We’re glad that the court has ruled that the legislature cannot outlaw the only effective treatment for some people with Gender Identity Disorder.”

“This decision should make it abundantly clear that it is unconstitutional to deny transgender inmates hormone therapy and sex reassignment surgery absent a medical basis for doing so,” said Larry Dupuis, legal director of the ACLU of Wisconsin.

Read more about this case including the text of the court's decision on the American Civil Liberties Union Fields v. Smith case profile page or on Lambda Legal's case page.

Media coverage of the court victory included stories in the Wisconsin State Journal (AP wire stories ran in Chicago, the Twin Cities and other areas in the country), Milwaukee Journal Sentinel, the Advocate, the Wall Street Journal law blog and LGBT-related blogs around the country.

Take Action: Tell Attorney General Holder to Protect Every Citizen's Right to Vote

2011-07-27T12:48:00.000-07:00

Tell Attorney General Holder: Protect Every Citizen's Right to Vote

If you share our concern about the new restrictions on voting rights in Wisconsin, including the requirement to show photo ID in the 2012 elections, here's an action you can take right now.

Tell AG Holder to review how these restrictions in Wisconsin and across the country violate the Voting Rights Act.

Share the action alert with your friends on Facebook or Twitter

More than four decades ago, the Voting Rights Act put an end to the widespread discrimination that robbed people of color of their voice at the ballot box. This year, in state capitals across the country, we are again seeing a pernicious attack on one of the American people's most cherished and fundamental rights: the right to vote.

Tell the federal Department of Justice to fully enforce the Voting Rights Act by aggressively scrutinizing new voting restrictions for discriminatory impact, refusing to pre-clear laws that have a discriminatory purpose or effect, and bringing cases in other states where necessary to challenge regressive voter laws. Don't let America turn back the clock on the fundamental right to vote.

Contact Attorney General Holder and help stop these voter suppression tactics.

ACLU of Wisconsin Resources on Voting Rights Are Available On-line
With special and recall elections scheduled in various parts of Wisconsin in July and August and the recent passage of a "voter id" law, many people have questions about voting procedures. The FAQ below may answer most of voters’ common questions. Perhaps most important, voters should know that the photo identification requirement does not go into effect until 2012. Voters will be asked for identification, but they are not required to provide it at elections in 2011 and will be able to vote if they do not have an id. However, there are some changes to registration and voting procedures that will be in effect for the July and August elections. The Government Accountability Board, which oversees elections in Wisconsin, has more information on the Voter ID law and other aspects of voting.
Fact Sheet: Wisconsin Voting: Know Your Rights; Voting Rights FAQ (detail)

More on the Why the Voting Rights Act Protects our Democracy
Today, 30 states have passed laws requiring voters to present identification to vote, and in 15 of those states, voters must present a government-issued photo ID. These laws will result in untold numbers of legal voters being turned away from the polls because over 21 million Americans do not have government-issued photo identification. Obtaining a photo ID presents a substantial — and unnecessary — barrier for many of our nation's citizens. There is no credible evidence that in-person impersonation voter fraud — the only type of fraud that photo IDs could prevent — is even a minor problem in our country.

The attacks are not just limited to voter ID. Some states are engaging in other voter suppression tactics like restricting voter registration drives and reducing the amount of time for early voting. All these laws disfranchise eligible voters — especially racial and ethnic minorities, the elderly, low-income individuals, students, and voters with disabilities.

The Voting Rights Act vests significant authority in the Department of Justice to ensure laws are not implemented in a discriminatory manner. Because of some states' troubling history of voter suppression, any changes in their elections laws are subject to approval — or "pre-clearance" — by the Justice Department under Section 5 of the Voting Rights Act. In jurisdictions not covered by Section 5, the Department must ensure that these laws are implemented in a way that does not discriminate against protected groups in violation of Section 2 of the Voting Rights Act.

Volunteers Needed Statewide: Be a Poll Watcher on August 9th and 16th!

2011-07-25T09:37:00.000-07:00

Want to volunteer during the recall elections in a nonpartisan effort? The ACLU of Wisconsin Foundation is asking our poll watchers and volunteers to connect with the League of Women Voters of Wisconsin in their effort to monitor the implementation of new voting restrictions during the upcoming recall elections. Sign up today!

Volunteer with the League of Women Voters

Be an Election Observer August 9th and 16th!

Sign up today: 2011 Election Observer Volunteer Form

at www.lwvwi.org.

The Voter ID law was recently signed and parts of it are now in effect. The LWV-WI wants to be sure the law is implemented evenly across the state and does not disenfranchise voters. Working with many non-partisan groups across the state, we are looking for volunteers to be our eyes and ears to report on what happens in the Senate recall elections in August. We will be observing in six recall districts on August 9 and in three recall districts on August 16.

You can find the full list of which Senate districts are facing recall elections on the Government Accountability Board's website. You can find a map of the Wisconsin Senate districts (as of today's blog post on 7/25/2011) online (PDF).

Anyone can volunteer who:

Can spend six to seven hours (or all 13 hours) at a polling place in one of the nine state Senate districts with recall election,
Is willing to participate in a two-hour training session—a webinar—prior to the election,
Agrees to mail in a report following the election,
Has access to a cell phone.
You don't need to be a League member to volunteer.

League of Women Voters will provide:

Nonpartisan materials that let you know your role, what to look for, what to do if there are problems at the polls,
Online training,
A number to call on election day to report problems.

How to Volunteer
Go to the state League’s website, lwvwi.org, and sign up on our 2011 Election Observer Volunteer Form to give us your name, address, cell phone number and the date(s) you would like to observe. We will get back to you about where you are needed and times for online training. 

 Tell your friends about this opportunity. We need over 1,000 volunteers to cover the nine Senate districts!

Questions?
Contact Sharon Munson at 414-358-8393 or sharonsnorkels@hotmail.com
or Dorothy Sherman at 414-425 0127 or dorothy-sherman@sbcglobal.net

ACLU of WI, Community Shares and the Center for Change: You Can Support Nonprofit Collabortion in Madison That Works

2011-07-20T10:57:00.000-07:00

Did you know that the ACLU of Wisconsin Foundation is a member of Community Shares of Wisconsin? Below is an update on the Center for Change, a Community Shares project that we are a part of. You can read more about how the Center for Change encourages collaboration among nonprofits like ours. We are in the midst of a matching gift campaign, so if you are looking for ways to make your donations have a big impact across organizations, check this out. Gifts to the Center for Change will be doubled through August 12!

Support the Emerging Center for Change
The ACLU of Wisconsin Foundation's Madison Area Office is a proud member of Community Shares of Wisconsin (CSW) and a tenant of the Center For Change, a shared office space that is more than co-location. Tenants are all nonpartisan nonprofits that share resources, space, volunteers and ideas to make Wisconsin better.

We collaborate to identify common needs and concerns—whether through planned partnerships or spontaneous conversations in the break room. Volunteer, intern, and staff resources are put to their most efficient use by sharing their time and skills. Our interconnectedness saves on overhead costs and increases our potential to create a stronger social justice movement at the same time.

Help Community Shares of Wisconsin build the social justice movement by supporting the Center for Change. Donate through August 12 and your gift will be matched, thanks to an anonymous donor. With your help, the Center for Change will become a destination for social justice education and involvement.

Get Inspired: Celebrate CSW's Anniversary with 40 Ways You Can Create Change
To celebrate Community Shares of Wisconsin's 40th anniversary, we've highlighted "40 Ways You Can Create Change"—40 items you might consider to help our community. Many of the 40 Ways offer interesting historical information about CSW or our member groups, and all of them offer suggestions for steps you can take.

The first couple of entries:

#1 of 40: Thank someone who has made a difference for nonprofits. Community Shares of Wisconsin began in 1971 with a small group of committed people searching for a way to help nonprofits. Since then--thanks to our founders and to all of our supporters over the years—we have distributed over $13 million! Everyone who has given to the ACLU of Wisconsin Foundation through their Community Shares workplace campaigns has made a difference for us: Thank you for every donation that keeps us strong.

#2 of 40: Support the emerging Center for Change. (See the news item above.)

Check CSW's website, Facebook, or Twitter updates regularly through the summer and fall to read all of the 40 Ways You Can Create Change.

Redistricting Is In a Rush: Legislators Must Slow Down As Proposals May Pose Violations of Federal Law

2011-07-19T08:44:00.000-07:00

The ACLU of Wisconsin today urged the Wisconsin legislature to slow down the rush to redraw state legislative districts so that affected communities have time to fully review and respond to the proposals.

Federal law prohibits the drawing of districts that have the effect of diluting minority voting strength. Determining whether a plan dilutes minority voting strength requires careful consideration of a number of factors and alternative plans. That analysis cannot be completed on the timeline contemplated by the legislature.

The important task of redrawing of district lines demands deliberation and public input. Rushing the plan through without thorough analysis creates the risk that an illegal plan will be adopted.

This Eau Claire Leader-Telegram editorial gets is right on why partisans shouldn't draw political maps. Critical editorials were published all over the state by the Appleton Post-Crescent (which had another critical editorial on how the process hurts municipalities), the Oshkosh Northwestern, the Green Bay Press-Gazette, the Beloit Daily News, the Marshfield News Herald, and the Cap Times.

FAQs About Voting in the Summer 2011 Recall and Special Elections in Wisconsin

2011-07-12T07:00:00.000-07:00

Frequently Asked Questions About Voting in the summer 2011 Recall and Special Elections in Wisconsin

Do I have to show proof of identification/photo id to vote in recall or special elections this year?

No. The new “Voter Identification Act,” 2011 Wis. Act 23, does not require a voter to present proof of identification to vote until the Spring 2012 primary election and all elections thereafter.

However, election officials will ask voters to present proof of identification at elections prior to the Spring 2012 primary. A person who does not show proof of identification will still be able to vote, but will be given information about the new identification requirements. 2011 Wis. Act 23, § 144(2). There is no requirement that a person give a reason for not presenting proof of identification.

If you choose to show identification at elections this year, poll workers will compare the name on the identification to the name on the poll list to verify that the names “conform” to one another. Names may still “conform,” even if there are small differences, such as presence or absence of a middle initial, use of a shortened version of a first name (such as “Bob” for “Robert”) or variations of upper and lower case letters (such as “Maclane” for “MacLane”). GAB, Polling Place Voting Step-By-Step for All Elections Prior to 2012 February Primary (June 22, 2011). Poll workers will also compare the photograph on the identification to the voter’s appearance to verify that the photograph “reasonably resembles” the voter. ID. For all elections prior to the 2012 February Primary, there is no consequence if election inspectors believe the photo ID does not reasonably resemble the voter. Once photo ID is required in the February 2012 election, election inspectors will be instructed to challenge a voter if they believe a voter does not reasonably resemble the photograph on the identification presented.

I am not registered to vote. Can I register on election day?

Yes. The voter ID law did not change election-day registration. As long as you are at least 18 years of age, a U.S. citizen, have lived at your current address for 28 days, have proof of residence (see below), and are not serving a sentence – including imprisonment, probation, parole or extended supervision – for a felony conviction, you can register at the polls on election day. If you have a current and valid driver license, you will need to provide the license number on the registration form. Wis. Stat. § 6.33(1). If you do not have a current and valid driver license, you will have to provide your Wisconsin state identification card number or the last 4 digits of your social security number. If you do not have a current and valid driver license, state identification card or social security number, you will have to check a box saying you do not have any of these numbers, but you will still be allowed to register. You will also have to provide the location of your two “previous residence immediately before moving to” your current residence. Wis. Stat. § 6.33(1), as amended by 2011 Wis. Act 23, § 30.

I moved to my current address two weeks ago. Can I vote at the polling place for
my new address?

No. The new law requires a person to have lived in a ward or election district for 28 consecutive days prior to the election to be eligible to vote in that ward or district. Wis. Stat. § 6.02(1), as amended by 2011 Wis. Act 23, § 10. If you moved more recently than 28 days from another location in Wisconsin, you may vote at your previous polling place. Wis. Stat. § 602.02(2), as amended by 2011 Wis. Act 23, § 11. If you moved to Wisconsin from another state more recently than 28 days before any election in 2011, you may not vote in that election.

What documents will I need to register?

Any of the following documents are sufficient to prove residence, if they have your first and last name and your current street address:
• Current & valid Wisconsin driver’s license. Wis. Stat. § 6.34(3)(a)1.
• Current & valid Wisconsin state photo identification card. Wis. Stat. § 6.34(3)(a)2.
• An official identification card or license issued by a Wisconsin governmental entity. Wis. Stat. § 6.34(3)(a)3.
• An employer-issued photo identification card (not a business card). Wis. Stat. § 6.34(3)(a)4.
• A university, college or technical college identification card, along with either a receipt for tuition or fees paid within the previous 9 months or a certified list from the college or university of students currently living in student housing who are U.S. citizens. Wis. Stat. § 6.34(3)(a)7., as amended by 2011 Wis. Act 23, § 33m.
• A utility bill that is no more than 90 days old. Wis. Stat. § 6.34(3)(a)8.
• A bank statement. Wis. Stat. § 6.34(3)(a)9.
• A property tax bill or receipt from the past year. Wis. Stat. § 6.34(3)(a)5.
• A current residential lease in effect on election day. Wis. Stat. § 6.34(3)(a)6.
• A paycheck. Wis. Stat. § 6.34(3)(a)10.
• A check or other document issued by a unit of government. Wis. Stat. § 6.34(3)(a)11.3

Documents like credit card bills, collection notices, magazine subscriptions, personal mail and mail solicitations do not qualify for proof of residence.

I don’t have any of the documents for proving residence that are in my name. Can I have someone vouch for where I live?

No. Until the voter ID law passed, another eligible voter from your municipality who knew where you lived could “corroborate” your residence by signing a statement confirming where you live. The new law eliminates corroboration as proof of residence. See 2011 Wis. Act 23, § 17, amending Wis. Stat. § 6.15(2)(d)1r.

I heard that I will have to sign the poll list when I vote. Is that true?

Yes. If you are registered to vote before Election Day, there will be a box on the poll list for your signature. Wis. Stat. § 6.79(2)(a), as amended by 2011 Wis. Act 23, § 45. If you are unable to sign because of a disability, you can get an exemption from the signature requirement.

My signature changes all the time. Will the poll workers let me vote if my signature doesn’t look like it did when I registered?

Yes. The law does not require election officials to compare your signature on the poll list to the signature on your registration, the signature on your proof of identification or residency or to any other signature.

Can I vote in person before Election Day?

Yes. You can vote an in-person absentee ballot at your municipal clerk’s office or, in the City of Milwaukee, at the Election Commission Office starting the 3rd Monday before Election Day until 5 p.m. the Friday before Election Day. Wis. Stat. § 6.86(1)(b), as amended by 2011 Wis. Act 23, § 57. When you vote before Election Day in this way, your ballot is set aside for counting with other absentee ballots on Election Day. As with voting on Election Day, you will be asked, but not required, to show photo identification when you vote in person absentee in 2011. GAB, Major Impacts of the New Voter Photo ID Bill: Changes to the Election Process Effective Immediately at 3 (June 20, 2011). If you have not already registered, you may also register at the municipal clerk’s office before voting in person absentee. Wis. Stat. § 6.29(2)(a), as amended by 2011 Wis. Act 23, § 29.

Can I vote by mail?

Yes, you can cast an absentee ballot by mail. You can request an absentee ballot from the municipal clerk or election commission by mail, email or facsimile. Wis. Stat. § 6.86(1)(a). The application must be received by the municipal clerk no later than 5 p.m. the Thursday before the election. Wis. Stat. § 6.86(1)(b), as amended by 2011 Wis. Act 4 23, § 57. Municipal clerks will begin accepting in person applications for absentee ballots no earlier than the third Monday before the election. Id.

You may either vote the absentee ballot in the clerk’s office, or the clerk can mail it to you. If you request, the clerk must also send the ballot by email or facsimile. Wis. Stat. § 6.87(3)(d), as amended by 2011 Wis. Act 23, § 65.

You must return the completed ballot to the municipal clerk or election commission in a properly completed ballot envelope. The envelope will have a certification, which the voter and a witness (who is an adult U.S. citizen) must sign. Wis. Stat. § 6.87(2) & (4)(b)1., as amended by 2011 Wis. Act 23, § 66. The absentee ballot must be received by the clerk or election commission no later than 8 p.m. on election day. Wis. Stat. § 6.87(6). You can return the ballot in person or by mail, but remember that if you send it by mail it must arrive (not just be postmarked) by 8 p.m. on election day.

You must be registered in order to vote absentee, but you can register in person at the clerk’s office when you submit a request for an absentee ballot. You can also register by mail, but your registration must be postmarked no later than the third Wednesday before the election. Wis. Stat. § 6.28(1). You will not be sent an absentee ballot until you are registered and submit an absentee ballot request.

This document only deals with elections in 2011. When the voter identification requirement takes effect next year, a number of other questions will arise. Election Protection will produce a revised FAQ prior to elections in 2012.

South Milwaukee Lake Bluff Apartments - Final Chapter in Housing Discrimination Challenge Settled

2011-06-27T14:54:00.000-07:00

Fair housing advocates announced the settlement of a long-running court challenge to protect the Lake Bluff Apartments, an integrated, affordable and accessible development in South Milwaukee. After a 2009 jury verdict found that tearing down Lake Bluff would have a discriminatory effect in violation of the Fair Housing Act, and after nearly two years of subsequent negotiations, Lake Bluff will remain a diverse and accessible place to live.

The tenants’ counsel issued the following statement about the settlement: “Legal Action of Wisconsin, Legal Aid Society of Milwaukee and the American Civil Liberties Union of Wisconsin Foundation, who represented tenants at Lake Bluff Apartments, applaud the City of South Milwaukee for resolving this case in a way that promotes fair housing and integration. The City negotiated this settlement in good faith. We are satisfied that with the settlement, which allows our clients to remain in diverse, affordable and accessible housing in South Milwaukee, the City has fully complied with its obligations under the Fair Housing Act not to discriminate in housing and with its obligations to affirmatively further fair housing.”

“We’re happy that the residents of Lake Bluff will be able to stay in their homes,” said ACLU of Wisconsin Foundation Legal Director Larry Dupuis. “Finding affordable and accessible housing during an economic downswing hits people with disabilities and limited incomes the hardest. At the same time, the verdict and settlement in this case demonstrate that cities cannot afford to deny affordable, diverse housing. The results of this lawsuit will ensure that the buildings will stay up and tenants will no longer face the prospect of housing discrimination.”

The Lake Bluff tenants were represented by Dupuis, ACLU of Wisconsin Senior Staff Attorney Karyn Rotker, Legal Aid Society’s litigation director Peter Koneazny, and Legal Action Staff Attorney Mark Silverman.

You can download the official statement online or read the combined press release on the ACLU of Wisconsin website.

The ACLU of Wisconsin Foundation is a non-profit civil liberties and civil rights organization working to protect the rights of Wisconsinites. For more on the work of the American Civil Liberties Union and Foundation of Wisconsin, visit our webpage. You can also get news and opinion on civil liberties in Wisconsin on our Cap City Liberty blog. Find us on Facebook and Twitter at ACLUMadison and ACLUofWisconsin.

Established in 1968, Legal Action of Wisconsin is a nonprofit law firm that provides free civil legal services in 39 southern Wisconsin counties. Legal Action serves low-income, elderly and other clients through six offices statewide. More information is available at www.legalaction.org

The Legal Aid Society of Milwaukee is one of America's oldest, public-interest law firms and was founded in 1916 with a unique charter "to do all things necessary for the prevention of injustice." Each year the Society provides free legal services to 8,000 of Milwaukee’s most vulnerable residents. More information is available at www.lasmilwaukee.com.

Racial Profiling Law Could Have Helped Cops End Biased Policing

2011-06-22T15:59:00.000-07:00

Today Governor Scott Walker signed a bill to repeal a law designed to help police managers identify biased policing. The law had only just gone into effect and set up a system to collect and analyze data on the race and ethnicity of motorists when police officers initiate certain types of traffic stops or conduct searches of vehicles.

The ACLU of Wisconsin asks, shouldn’t Wisconsin law enforcement agencies make it a priority to protect and serve all of the members of the public without bias, including motorists of color?

Governor Walker signed the repeal of the law that took effect January 1, 2011 and gave Wisconsin law enforcement managers a new tool to identify biased policing during traffic stops. The new law set up a system to collect traffic stop data and have the Office of Justice Assistance analyze it to determine if minority motorists were being stopped or searched disproportionately compared to non-minority motorists.

ACLU of Wisconsin's Executive Director Chris Ahmuty served on the Wisconsin Office of Justice Assistance advisory committee that helped design the traffic stop data collection system. This advisory committee was mostly composed of law enforcement professionals. It conducted listening sessions around the state where we heard compelling testimony from residents who felt they were victims of biased policing. The advisory committee also heard from many law enforcement professionals who had significant input into the creation of the system.

Most professional law enforcement leaders nationwide recognize the importance of identifying bias where it exists and addressing it. The Wisconsin legislators and Governor Walker repealed this law without giving it a chance.

While some small departments may have legitimate technical and financial issues in complying with the new law immediately, assertions regarding expense and labor costs are overblown. It is disturbing that opponents of addressing biased policing chose to repeal the law rather than attempt to make the system work. Their haste calls into question their commitment to solving the problem of racial profiling and bias among law enforcement officers in our state.

The ACLU of Wisconsin will work with law enforcement officials, community leaders, racial justice advocates and any residents of Wisconsin to identify workable solutions to the problem of racial profiling. In response to the repeal of the traffic stop data collection law, the ACLU of Wisconsin will begin an effort to collect the stories from individuals who have experienced biased policing.

WI Domestic Partner Registry Not a Violation of State Same-Sex Marriage Ban

2011-06-20T15:55:00.000-07:00

Judge Daniel Moeser resoundingly rejected today an attack on Wisconsin’s Domestic Partner Registry brought by Board members of Wisconsin Family Action, an organization whose members pushed for Wisconsin’s anti-Marriage constitutional amendment in 2006. Despite securing passage of the amendment by assuring voters that domestic partnerships would still be allowed, the Wisconsin Family Action plaintiffs asserted that the anti-Marriage amendment prohibited the Domestic Partner law passed by the legislature in 2008 to provide crucial but very limited protections to same-sex couples.

“While, as the court recognized, the domestic partnership law is in no way equivalent to marriage, it is a lifeline for committed couples who seek the security and dignity of being able to provide for their families,” said John Knight of the ACLU’s LGBT & AIDS project.

In a well-reasoned 55-page opinion, Judge Moeser noted that proponents of the anti-Marriage amendment had repeatedly insisted that the amendment was about preventing same-sex marriage and “look-alike” civil unions that were marriage in everything but name, and reassured voters that it would not prevent domestic partnership laws.

The Judge also recognized that the few protections available under the Domestic Partner law were in no way comparable to the extensive rights and privileges that go along with marriage. Wisconsin’s law allows for same-sex couples to register as domestic partners, granting them hospital visitation rights, the right to make certain decisions about medical care and rights to family and medical leave. Same-sex couples are still denied crucial protections provided only to married couples, such as the right to decide what happens to their partner’s body at death, and are denied access to all federal benefits, such as Social Security and veterans’ benefits.

Larry Dupuis, the legal director of the ACLU of Wisconsin, added, “The court rightly rejected this mean-spirited and dishonest attack on gay and lesbian couples. Our clients know what it’s like to worry about not being able to visit a partner in the hospital or to be left with nothing when a partner dies without a will. The protections offered by the domestic partner law at least allay some of those fears.”

Government officials initially defended the domestic partner registry against the lawsuit, but Governor Scott Walker’s administration abandoned the defense. That left several same-sex couples, Fair Wisconsin, Lambda Legal, and the ACLU as a friend of the court, to defend domestic partnerships.

Attorneys on the case include Knight of the ACLU, Dupuis of the ACLU of Wisconsin and David J.B. Froiland, Linda E.B. Hansen, Daniel A. Manna and David B. Goroff of Foley & Lardner LLP.

Please visit the ACLU's Appling v. Doyle page for more information on our involvement in this challenge including support documents such as our amicus brief. You can also find a link to the full text of the Circuit Court Judge's decision on the ACLU of Wisconsin website.

News coverage of today's breaking news was included in newspapers statewide including the Milwaukee Journal Sentinel, Wisconsin State Journal, the Wisconsin Gazette, Reuters, AP, the Chippewa Herald and the Capital Times. The AP story also ran in the Washington Post.

Voucher Schools Have Created a Separate, Unequal System

2011-06-20T11:06:00.000-07:00

Private voucher schools are failing Milwaukee children with disabilities. When these voucher schools ignore their obligations to educate and accommodate children with disabilities, they force Milwaukee Public Schools to pick up the slack - while giving MPS fewer resources to do so. Voucher schools' large-scale exclusion of children with disabilities has led to a segregated environment with a disproportionate share of children with disabilities attending MPS.

Indeed, if the state Legislature and governor have their way and expand the voucher program, the separation and exclusion of children with disabilities will only get worse.

That is why civil rights groups have filed the first systemic disability discrimination claim against a voucher program, at a time when well-financed pro-voucher lobbies are pumping money into voucher expansion efforts across the nation. The American Civil Liberties Union, the ACLU of Wisconsin and Disability Rights Wisconsin have asked the U.S. Department of Justice to investigate the voucher program and to shut down expansion as long as exclusion and segregation remain.

The ACLU and DRW have requested a federal investigation because of families like our clients. K.S., for example, who has attention deficit hyperactivity disorder but whose doctor has not prescribed medication, was told he would not be admitted to one voucher school unless his mother medicated him anyway. His brother, S.E., who needs speech therapy services, was discouraged from even applying to a voucher school and as of the time the complaint was filed had not been admitted - even though he applied in January.

Another voucher school expelled B.J. after she had an argument with another child and without the reasonable accommodations MPS would have to give her if she was in school there. The voucher school expulsion forced her back to MPS, which, of course, must accept and educate her. These are just examples of the children that the voucher schools will not serve - not the only ones.

Separate is not equal, but separate is exactly what is occurring in Milwaukee: Voucher schools educate about 20% of Milwaukee students, but a mere 1.6% of voucher students receive services due to disabilities. That compares to the more than 19.2% of MPS students who receive special education services. If the voucher program expands, it will take more non-disabled children and the segregation of children with disabilities in MPS will inevitably increase.

Voucher supporters claim that they really serve a greater number of children with learning disabilities, but they have no proven data to support their arguments. Besides, their own numbers say they are only serving half as many children with disabilities as MPS.

Voucher supporters also talk only about serving children with learning disabilities. Meanwhile, MPS serves children with a wide range of disabilities - such as deafness, autism, cognitive delays and mental illness, as well as profoundly disabled children whose expenses the district also must absorb.

The vouchers were sold as a better alternative for all of Milwaukee's families. But the truth is that even though they do not serve students with disabilities, voucher schools are failing Milwaukee children. Testing data released this year shows that overall MPS performs better than voucher schools.

Realizing they are losing the argument on quality, voucher supporters now try to emphasize that they educate cheaply. But the voucher schools do not just get state and local tax dollars. In fact, one of the reasons we are asking for an investigation is that the voucher schools receive millions of dollars a year in federal money and services. The receipt of federal money obligates the private schools to comply with federal anti-discrimination laws.

This failure of voucher schools to serve children with disabilities has led to the segregation of children with disabilities within MPS, while reducing resources the public school system needs to educate all students. That's a separate - and unequal - system that cannot continue, let alone expand, in its current discriminatory form.

Courtney Bowie is senior staff attorney of the American Civil Liberties Union Racial Justice Program; Karyn Rotker is senior staff attorney, American Civil Liberties Union of Wisconsin; and Jeffrey Spitzer-Resnick is managing attorney, Disability Rights Wisconsin.

This editorial was originally published in the Milwaukee Journal Sentinel on Saturday, June 18 2011. A counter-opinion editorial was also published from School Choice Wisconsin which paints the federal complaint as an attack on the voucher program, but fails to adequately address the trend of increasing segregation of students with disabilities in public schools in Milwaukee which prompted the request for a federal investigation.

Gay-Straight Alliance in West Bend School Approved - But It Shouldn't Take a Lawsuit to Support LGBT Youth

2011-06-16T10:09:00.000-07:00

On Monday, the board of the West Bend School District narrowly voted in favor of allowing a Gay-Straight Alliance at their high school. The ACLU of Wisconsin was there to live-tweet from the meeting (you can see the tweets on the @ACLUofWisconsin Twitter page). Many LGBT rights advocates are applauding the victory this week. Unfortunately, the school board’s narrow vote came about, not because it was simply the right thing to do for equality and freedom of expression and association, but because a potentially costly lawsuit has forced them to acknowledge that the law is against them.

When the school board originally voted in May to not allow the club official recognition, lawyers on behalf of students who wanted to start a Gay-Straight Alliance filed a lawsuit in federal district court to overturn the board’s decision on the basis that it violated both federal equal access protections and first amendment rights. As a public school that receives federal funding, the West Bend School District must not have policies that discriminate against students or deny them basic rights.

Students at West Bend have been trying to organize a GSA for nearly a decade but have faced one barrier after another (the legal complaint tells the students’ compelling story). It is unfortunate that it took a lawsuit for the school board to make a decision that recognizes all student clubs. But their decision could have been better. They could have voted unanimously in support of the club. They could have taken a strong public stand against discrimination and bullying.

On Monday, the West Bend School Board barely approved a decision that should have been made in support of their diverse student body back in 2000. But from this point on, we expect the best in accommodation and support for the GSA in West Bend. The West Bend School district needs a real process to not just approve but cultivate student clubs and promote leadership development in a way that is clear, fair and consistent. Teachers who champion diversity should be applauded, not criticized. Perhaps school board seats in the future will be filled by community members who represent and protect all students, rather than a narrow ideology.

The school board vote got media coverage on the AP wire, the Milwaukee Journal Sentinel, TMJ-4, Fox News 6 (both with video) and WISN. The Department of Education also recently reminded public schools that Gay-Straight Alliances have the right to organize.

Ethics Files Less Open in Budget Provision

2011-06-15T08:33:00.000-07:00

While the Assembly takes up the state budget today and discusses the state's near fiscal and policy future, do you ever wonder if your state legislator has a financial relationship with a big polluter or a bank getting a government bailout? How about a financial relationship with an ideological think tank? How about a noisy night club down your block?

A majority of the Legislature's powerful Joint Finance Committee wanted you to keep wondering.

Those legislators have approved a budget provision that would require you to travel to Madison in order to inspect or copy any of the statements of economic interest filed by state public officials, including all state legislators.

Currently, nearly 2,400 state public officials, candidates and nominees file statements of economic interest with the Government Accountability Board each year. The GAB on its website indicates that it "experiences virtually 100% compliance with the law." On average, according to the website, the public examined 500 statements of economic interest each year.

Currently these statements are not online, but you can search indexes to them on the GAB's website at gab.wi.gov/ethics/economic-interests. If there is something that interests you, you can request that the board mail or email you a copy of a public official's complete statement.

You get to decide what seems significant. But you should know the current law requires the board to inform the public officials of your request. You may not inspect statements anonymously through the GAB. It is not an easy to use system - it's even a little intimidating.

Copies of statements of economic interest have been posted online by private advocacy groups. This posting would not stop under the budget proposal approved by the Joint Finance Committee. Indeed, the American Civil Liberties Union of Wisconsin believes that it would violate the constitutional rights of these groups to censor them. But the public should not have to rely on private groups for public information held by the public GAB.

If the full Legislature passes this new obstacle to financial disclosure in the budget and Gov. Scott Walker doesn't veto it, ordinary Wisconsin residents will find it nearly impossible to access these documents.
There is no evidence that the limited online access to this information has been abused. Given the compliance rate with the law filing isn't a burden, and even if it were, restricting access would not reduce any burden on filers.

As in most online posting of existing information the cost must be minimal. When men and women enter public service, they know that the public has a right to know about their significant financial relationships. Some people choose not to enter public service to avoid disclosure.

Apparently the reason for decreasing the already limited transparency of this reporting process is to save the public officials from embarrassment or the necessity of explaining their financial relationships to their constituents and voters.

Wisconsin residents deserve good government. They deserve to be able to make informed decisions about matters relevant to the public interest.

They have a right to speak freely with the knowledge of the contents of the statements of economic interest. Requiring Wisconsinites to travel to Madison to examine and copy these public records is an affront.
The Legislature should reconsider this scheme to subvert the liberties of Wisconsin residents.

This op ed, written by ACLU of Wisconsin Executive Director Christopher Ahmuty, has been updated since it's original publication in the Milwaukee Journal Sentinel on June 11, 2011.

Milwaukee Voucher Schools Discriminate Against Students with Disabilities, Allege ACLU, Disability Rights WI: Federal Investigation Requested Today

2011-06-07T08:59:00.000-07:00

The American Civil Liberties Union, the ACLU of Wisconsin Foundation, and Disability Rights Wisconsin filed a complaint with the U.S. Department of Justice Civil Rights Division today, charging discriminatory practices in Milwaukee’s private voucher schools have led to an egregious segregation of students with disabilities. The complaint was filed against the State of Wisconsin, its Department of Public Instruction and two voucher schools. The groups say that Wisconsin has failed to hold taxpayer-funded private voucher schools accountable for serving children with disabilities, and has created a program that segregates and isolates children with disabilities.

“Twenty years of offering vouchers to attend private schools in Milwaukee have demonstrated that children with disabilities are not welcome in Milwaukee’s private schools,” said Jeffrey Spitzer-Resnick, attorney for Disability Rights Wisconsin. “Even worse is when these voucher schools occasionally accept children with disabilities, take their voucher funds, and then expel them without recourse leaving the family no other option than to return to Milwaukee Public Schools. In fact our complaint includes one family whose children with disabilities were not admitted to a voucher school, and another whose disabled child was kicked out of a voucher school and sent back to the public school system.”

“This failure of voucher schools to serve children with disabilities has led to the segregation of children with disabilities within Milwaukee Public Schools, while reducing resources the public school system needs to educate all students,” added Courtney Bowie, senior staff attorney with the ACLU Racial Justice Program.

“Right now only about 1.6% of voucher students have disabilities, while 19.5% of Milwaukee Public School students do,” said Karyn Rotker, senior staff attorney with the ACLU of Wisconsin. “Increasing the size of the voucher program – as the state intends to do – will only lead to even more discrimination and more segregation of children with disabilities. We hope DOJ will step in to stop that from occurring.”

Read more on the national ACLU website.This story also received coverage in the Wisconsin State Journal and the Milwaukee Journal Sentinel as well as the Huffington Post, WUWM-FM, WORT-FM's In Our Backyard and the 8 o'Clock Buzz, Disability Scoop, The American Independent and Education Week.

Chippewa Valley: Chapter Volunteers Cheer on the ACLU at Bobfest North

2011-06-01T10:17:00.000-07:00

On Saturday May 21 the Chippewa Valley chapter of the ACLU of Wisconsin sponsored a table at Fighting Bobfest North, the northern version of the progressive festival that has been a feature of the Baraboo area each fall for nearly a decade. Chapter volunteers met over 150 people from northwest Wisconsin and from around the state, answered questions and encouraged people to join as card-carrying members. It was great to meet members in the area.

Shu-Chuan, Ann and Stacy

Many people who spoke to us had questions and comments along a central theme: the abuse of power in Wisconsin and on a federal level. Even though some said that they had never felt such a divided Wisconsin, they came to Fighting Bobfest North to learn, get inspired and find some rejuvenation to keep the dialogue going in their home communities.

Photos - Jeremy Gragert

Thank you to everyone who stopped by the ACLU table to share your thoughts.

If there are tabling opportunities in your area, let us know how you can help with our statewide outreach. Contact the ACLU of Wisconsin headquarters in Milwaukee at liberty@aclu-wi.org.

Open Meetings Law Violation Court Decision is About Checking the Abuse of Power

2011-05-27T13:33:00.000-07:00

On May 26, Dane County Circuit Judge Mariann Sumi invalidated a billpassed by the legislature in March, taking away most public employees’ collective bargaining rights. Judge Sumi based her decision on evidence thatlawmakers violated Wisconsin’s open meetings law when it voted on the bill with less than two hours public notice.

But the Judge's decision has been criticized by political leaders including Senator Glenn Grothman who said legislators were being told what to do by an "ideologue judge" and Senate Majority Leader Scott Fitzgerald questioned the separation of powers of a judge trumping "two democratically elected branches of government." (Sumi was originally appointed by Republican Governor Tommy Thompson in 1998 and has since been reelected by voters.)

“Criticisms by legislators, attorneys and others that it was wrong for Judge Sumi to invalidate a state law – some going so far as to claim that judges have no business reviewing legislative enactments – show a shocking disregard of our system of checks and balances, and are dangerous to a society built upon the rule of law,” said ACLU of Wisconsin Executive Director Christopher Ahmuty.

As Judge Sumi wrote in her decision, in 1803 the U.S. Supreme Court made it clear that it is “emphatically the province and the duty of the courts to say what the law is.” That bedrock principle has governed our nation for centuries.

“The checks and balances built into our constitution make sure that no one branch of government – not the executive, or the legislature, or the judiciary – usurps power,” said Ahmuty. “In this system, it is the role of the courts to ensure that the actions of the legislature and the governor comport with the constitution and the laws. While there may be limited areas where separation-of-powers principles clearly prevent the courts from interfering with exclusively legislative or executive functions, this is not one of those areas.

“Judge Sumi did not ask that anyone challenge the collective bargaining bill or that the challenge end up in her court. But judges have to decide the cases brought before them. Doing so is not “judicial activism” – it is doing the job of a judge. Even those who disagree with her decision should thank Judge Sumi for fulfilling her constitutional duty, rather than fulminating about the bogeyman of so-called activist judges.”

Abortion Coverage Ban in State Insurance Exchange Would Mean Fewer Options for Wisconsin Women, Private Companies

2011-05-25T13:45:00.000-07:00

The Wisconsin Senate Committee on Public Health, Human Resources and Revenue held a hearing today on Senate Bill 92, a bill that would ban private insurance companies that provide abortion coverage from participating in future heath care exchanges promised by the Affordable Care Act (recent federal health care reform). The ACLU of Wisconsin was there to testify against the bill because we feel it interferes in women's private medical decisions by taking away insurance coverage for consumers who need comprehensive reproductive care.

Currently, most insurance plans provide coverage of abortion along with other pregnancy related services, such as prenatal care, labor and delivery, and miscarriage care. This makes sense. Many things can happen in a pregnancy; insurance coverage for abortion allows every woman to get the health care she needs.

But SB 92 would prohibit insurance companies in the exchange from providing comprehensive coverage. It would ban an insurance company from selling, and prevent an individual from buying, policies that cover abortion.

Preventing insurance companies in the exchange from covering a legal medical procedure, just because some people are opposed to it, means a woman may be forced to continue a pregnancy because she cannot afford the high out-of-pocket costs to pay for an abortion. Or she may be forced to postpone abortion care while attempting to raise the necessary funds – a delay that can exacerbate both the costs and the health risks of the procedure. In other words, this bill just makes a difficult situation worse. At the very least, we should make sure that when a woman’s health and future is at stake, her insurance plan is able to cover what is often an expensive hospital procedure.

The bottom line for liberty and freedom is that medical decisions should be made by a woman, her family, and her doctor: not politicians. It is wrong for the government to take away insurance coverage for a legal medical procedure. This bill won’t do anything to reduce the demand for abortion. It will only increase the demand for private companies that do provide coverage.

Particularly in these difficult times, while family planning programs face reduced funding for prevention of unplanned pregnancies, the legislature should focus on supporting women and families and not playing politics with women’s health. Politicians should get back to the issues that really matter to Wisconsinites and get out of the way of insurance companies that want to continue covering comprehensive health care for women.

If you oppose SB 92 as an ideologically driven, anti-abortion bill, please contact your state legislators and express your concerns. Find out more about how to contact your legislators on our Take Action page.

PETA Protest in Milwaukee OK'd by City Attorney, ACLU of WI Responds

2011-05-06T11:04:00.000-07:00

Yesterday Milwaukee City Attorney Grant Langley recognized the right of the People for the Ethical Treatment of Animals to demonstrate outside of a Menomonee Valley slaughterhouse, despite the objections of city alderman Bob Donovan. A permit has been issued to the group for this afternoon's demonstration.

“The ACLU is pleased that City Attorney Grant Langley did not cave in to pressure from Alderman Bob Donovan’s attempts to squelch the demonstration," said ACLU of Wisconsin Executive Director Chris Ahmuty. "As the City Attorney correctly observed, the government may impose reasonable limits on the time, place and manner of protests, but may not prohibit them because of their content. In this case, the protesters posed as cuts of meat on platters, with fake blood on their bodies."

More details on the protest's purpose and the controversy can be found in a Milwaukee Journal Sentinel article.

“While people may disagree with PETA’s message and their sometimes controversial tactics, the First Amendment clearly protects just this sort of expressive activity," said Ahmuty. "As the Supreme Court said in United States v. Eichman, even words and expressive conduct that are ‘deeply offensive to many’ are nonetheless protected by the First Amendment."

The Supreme Court said more than 60 years ago in Terminiello v. Chicago that the "function of free speech under our system of government is to invite dispute. It may indeed best serve its high purpose when it induces a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger. Speech is often provocative and challenging. It may strike at prejudices and preconceptions and have profound unsettling effects... [T]he alternative would lead to standardization of ideas either by legislatures, courts, or dominant political or community groups."

“Alderman Donovan has a right to express his disagreement with PETA and their methods, and he certainly doesn’t have to watch their protest if he finds in unpleasant, but he doesn’t have a right to trample on the Constitution,” said Ahmuty.

Environmental Justice in Milwaukee: Coal-to-Gas Plant Conversion is a Big Step in the Right Direction

2011-05-05T14:31:00.000-07:00

Today We Energies announced it would take the first steps to convert the Valley Power Plant from coal to natural gas. You can read more about it in today’s Milwaukee Journal Sentinel.

The ACLU of Wisconsin is a member of the Cleaner Valley Coalition which applauded We Energies’ announcement today that it will take the first steps to convert the Menomonee Valley coal plant to natural gas. This action has the potential to significantly improve the Milwaukee community's air quality and the health of its residents by reducing dangerous air pollution.

“We can all breathe a little easier knowing that We Energies is taking this first step to clean up the plant,” stated Karyn Rotker, Senior Staff Attorney with ACLU of Wisconsin, “This is one of the state’s dirtiest plants, in the midst of communities of color, and we are glad those communities will benefit from a transition to a cleaner fuel source.”

The Cleaner Valley Coalition is a broad and diverse coalition which asked We Energies to clean up the Valley coal plant in the Menomonee Valley and ensure it complies with the latest health standards as soon as possible. Today, during its annual shareholders’ meeting, We Energies announced that they would begin the process to develop the infrastructure for a natural gas pipeline to the plant.

“This is a huge step in the right direction that should be applauded,” stated Virginia Zerpa with the Milwaukee Latino Health Coalition, “However, we must ensure that future decisions made regarding upgrades and construction to the plant continue to have the least negative overall impact on the community and that residents of those communities also benefit from any opportunities – such as job opportunities – new construction provides.”

Milwaukee is consistently given failing grades for its air quality. More than 24,000 people live within a mile of the plant and suffer the worst consequences of the plant’s pollution. Furthermore, Valley lacks modern pollution controls and is a significant source of soot and smog, which are linked to serious health problems like asthma attacks, heart attacks and strokes.

“The coalition encourages We Energies to move as quickly as possible,” says Reverend Brisco of MICAH, “People’s lives are impacted by Milwaukee’s dirty air each and every day.”

Find out more about the Cleaner Valley Campaign on their website. Or get the latest updates on the coalition's Facebook page. This blog post was originally posted on the Cleaner Valley Campaign's website.

Milwaukee's School Voucher Scheme Doesn't Work - Legislators Should Reject AB 92 and AB 94

2011-05-05T09:29:00.000-07:00

Today the American Civil Liberties Union of Wisconsin called upon the Wisconsin Legislature’s Joint Finance Committee to reject two bills that will waste tax dollars on the failed Milwaukee school voucher program. In a letter to JFC co-chairs Senator Alberta Darling and Representative Robin Vos, the ACLU of Wisconsin’s Executive Director Christopher Ahmuty put the proposals in the context of forthcoming deep cuts in school aids from the state to local school districts, including Milwaukee. The letter is available online.

Regarding Assembly Bill 92 (PDF), which would lift the program enrollment cap and allow private schools anywhere in Milwaukee County to choose to participate, Ahmuty wrote “it is unconscionable for you to allow this failed program to waste even more taxpayer dollars.”

AssemblyBill 94 (PDF) makes several cosmetic changes to financial rules affecting the program. On a change in auditing standards, Ahmuty wrote, “It is unclear whether or not this proposal would be better than DPI’s current standards; much less satisfy the public’s legitimate interest in knowing that tax dollars are being used as the recipients claim.”

The ACLU of Wisconsin maintains that ideology, not sound educational practice, is behind school vouchers in Wisconsin and other states. In the face of severe cuts in spending on education, it asks why are vouchers growing at the expense of public schools which do a better job of educating our children?

Chippewa Valley Area ACLU Events in May - Much To Do for Civil Liberties Up North!

2011-04-28T13:51:00.000-07:00

The Chippewa Valley is a buzz with events this month! Our civil libertarian friends to the north are invited to check out some of these upcoming opportunities to discuss current issues related to equality and justice, get some good food and enjoy a northwoods-style chautauqua.

Sunday May 1, 2011 – Discussion: The Role of Progressive Spiritual Voices in Wisconsin’s Legislative Debates
Unitarian Universalist Congregation of Eau Claire, 421 S. Farwell St., 10:00 a.m.
When politicians propose legislation with moral and ethical implications, voices of faith in hearings are often limited and do not reflect the diversity of religious groups in Wisconsin. But we know that a commitment to justice isn’t the exclusive realm of one political party or one faith group. We will look at some recent legislative proposals and discuss why they would be of interest to citizens who are committed to justice, equity and freedom. We will identify ways spiritually progressive citizens can identify themselves as a voice of faith and be advocates for liberty in their communities. For more information on the Unitarian Universalist Congregation of Eau Claire, visit their website at www.uueauclaire.com.

Wednesday May 4, 2011 - First Amendment Free Food Festival
UW-Eau Claire Campus Mall
Sponsored by the UWEC's student chapter of the Society for Professional Journalists, this unique event encourages students to sign away their First Amendment rights in exchange for a free lunch. But there's no such thing as a free lunch! How long can you give up your freedom of speech in exchange for delicious goodies? It will be a (food) fight to the finish in this celebration of the protection of free speech and a free press. Co-sponsored by the Chippewa Valley Chapter of the ACLU of Wisconsin. RSVP today on Facebook.

Saturday May 21, 2011 - Festival: Fighting Bobfest North
Northern Wisconsin State Fairgrounds, 331 Jefferson Ave., Chippewa Falls, 9:00 a.m. - 5:00 p.m., free, donations welcome

Fighting Bobfest is having a northern event on May 21, rain or shine. Join the ACLU of Wisconsin’s Chippewa Valley Civil Liberties Chapter’s table and other speakers for the day’s event. Find out more about Fighting Bobfest North on their website.

You can find out more about upcoming events connected to the ACLU of Wisconsin by visiting the events page on our website.

ACLU of WI Milwaukee Open House a Hit on Gallery Night

2011-04-27T14:48:00.000-07:00

As a part of Gallery Night in the Third Ward in Milwaukee, the ACLU of Wisconsin hosted an open house that connected our members and local art fans in our brand new space on Friday, April 15 2011. Several hundred visitors enjoyed the excellent donations of local food and drinks, donated to the ACLU of Wisconsin Foundation and learned more about our work.

ACLU of WI Board President Patti Keating Kahn

Community artists were featured both by the True Skool mural in our office and in an exhibit of our newly created bilingual voter education panels which will be used as part of our voter education outreach programming this year. Special thanks to mural artists Andrew Parchman for his ceiling work and Jasmine Barmore and Zen Castillo for their work on our youth center wall which will no doubt inspire our youth rights program participants and staff in the years to come.

Mural artist Zen Castillo

Mural artist Jasmine Barmore

We had great food and drink sponsors: Triskeles, Transfer Pizzeria/ViaDowner, Aladdin's Taste of the East, Trocadero, and Walker's Pint. We also had some fantastic homemade salsa from our very own Milwaukee Chapter Representative, Charlie Fox. In fact, we heard from a number of people that we had "the best food and drink spread in the whole Gallery Night circuit," and that the ACLU was the "place to be" on Gallery Night. Thanks so much to our donors who helped make the party a success.

And special thanks to Emily Plagman who has been our special events diva for both the Bill of Rights Celebration and the open house. She's moving to take a new full-time gig and we will all miss her being a part of the ACLU of Wisconsin team this year. Congrats and good luck Emily!

Emily Plagman with Bill Franson

To see more photos from the event, visit our photo album on Facebook.

Recounts Shed Light on Elections Process

2011-04-20T14:12:00.000-07:00

In light of this afternoon’s request by the Kloppenburg campaign for a recount in the Supreme Court election, the American Civil Liberties Union of Wisconsin affirms the right of candidates to pursue recounts as state law allows. The ACLU traditionally does not call for or participate in recounts. However we believe that recounts can shed welcome light on the electoral process and give Wisconsin voters confidence in the results of elections and municipal procedures.

“Wisconsin should be proud of how we conduct elections,” said ACLU of Wisconsin Executive Director Christopher Ahmuty. “Our state election officials have emphasized transparency and consistency in election procedures. They have the experience in conducting recounts in close elections on the local level and we expect they will ensure that any recount is conducted properly.”

Unfortunately irregularities in reporting occurred in Waukesha County and led to inquiries by the Government Accountability Board. After an investigation, the GAB reported that they were satisfied that the final vote totals matched the vote totals reported by the municipalities. The GAB looked at vote totals from the county since 2006 and is planning to release a more comprehensive report on what happened in Waukesha County.

“Waukesha County’s reporting system appears to have been flawed,” said Ahmuty. “That system has lead voters across the state to mistrust the accuracy of the results. The reporting controversy in Waukesha County clearly illustrates the importance of having transparent and accountable election procedures. The ACLU of Wisconsin looks forward to the GAB’s final report and we hope municipalities across the state will review their reporting rules to prevent reoccurrences of the events that marred the reporting in Waukesha.”

The Government Accountability Board said today that they are prepared to move forward with the recount. The recount procedures manual is available online. While critics of the call for a recount say that the race wasn't close enough to merit a recount and that the action would be frivolous, the recount is within the legal guidelines (a margin within one half of one percent) and is the right of candidates to request one.

For an explanation of how a recount works, Attorney Rebecca Mason gives Wisconsin Bar blog readers a quick rundown of the state statutes. Mason outlines what happens in a recount, why a recount is the first needed step before court action, the difference between the Election Day preliminary results and the day-after’s canvass in each county and how it is up to the campaigns during the recount to collect evidence of voting irregularities for court action.

ACLU of WI Bill of Rights Celebration - A Time to Recognize Civil Libertarians Who Made a Difference

2011-04-14T07:20:00.000-07:00

On March 19th, 2011 we held our annual Bill of Rights Celebration at the Pfister Hotel. A packed house of over 300 people enjoyed the witty words of Aasif Mandvi from The Daily Show with Jon Stewart.

Aasif Mandvi addresses ACLU of Wisconsin Foundation fundraiser
We also honored the following civil libertarians for their accomplishments in the past year:

Barbara Munson: The Eunice Z. Edgar Lifetime Achievement Award - Munson was recognized for her many years of work to encourage schools to eliminate race-based mascots. As chair of the “Indian” Mascot and Logo Taskforce for the Wisconsin Indian Education Association since its inception in 1997, Munson and the Taskforce actively worked to support the 31 Wisconsin school districts that have retired race-based mascots and were instrumental in the passage of Act 250 in 2010.

Barbara Munson with Aasif Mandvi
Tenants of the South Milwaukee Lake Bluff Apartments: William Gorham Rice Civil Libertarians of the Year Award - Residents of Lake Bluff filed a federal complaint of housing discrimination in 2003 when it was clear that their city government intended to raze the integrated, accessible, affordable housing complex. The ACLU of Wisconsin Foundation, Legal Action of Wisconsin and the Legal Aid Society of Milwaukee assisted the families in court where a federal jury found that tearing down the apartments would have a discriminatory effect on persons of color and persons with disabilities.

Riverside University High School Teachers, Bonnie Brusky, Paul Moga and Tom Wild: Jack and Lucy Rosenberg Youth Civil Libertarians of the Year Award - Riverside University High School in Milwaukee has core values in teaching which include social responsibility and justice. These teachers’ leadership has paved the way for students to participate in powerful social awareness programs about racial justice, homelessness and the importance of civic participation. Participants in Riverside’s ACLU Student Alliance have gone on to become young community leaders in Milwaukee.

Bonnie Brusky and family with her state Senator, Chris Larson

For more photos of the event, please visit our photo album on Facebook.

Special thanks to event sponsors:

Jackie Boynton,

William Lynch and Barbara Manger,

and the lawfirm of Hawks Quindel

Get on the Bus vs. Hit the Highway: Why Walker's Transportation Policy Impacts Workers, Clean Air and Segregated Cities

2011-04-05T09:52:00.000-07:00

On Monday April 4, three organizations supporting racial and environmental justice - the American Civil Liberties Union of Wisconsin, the Black Health Coalition of Wisconsin, and Midwest Environmental Advocates - filed comments opposing the Wisconsin Department of Transportation’s efforts to again expand highway access - to the tune of hundreds of millions of dollars - at the same time the state is trying to cut transit spending.

Fact: cutting innercity transportation keeps people from jobs. Milwaukee and state leaders must make the connection that people depend on public transportation to get to work. Read more in today's Huffington Post.

“WisDOT, and the state of Wisconsin, get federal money, so they must follow Title VI of the Civil Rights Act,” noted ACLU-WI Senior Staff Attorney Karyn Rotker. “And that federal law means they can’t run their transportation program in ways that have the effect of discriminating against people of color, regardless of whether they are intentionally discriminating. And the state’s transportation funding and policy decisions are clearly having a discriminatory effect.”

Fact: Milwaukee is the most racially segregated city in the nation. Recent census figures show the continued racial gap and this Salon.com article breaks down why this impacts public debate on transit equity.

“In our region, people of color - especially African-Americans and Latinos - are much more likely to depend on transit than non-minorities. Allowing highway projects to move forward while transit moves backwards reduces their opportunities and segregates them even more from jobs, medical care, and other needs,” added Black Health Coalition of Wisconsin President/CEO, Dr. Patricia McManus.

“WisDOT needs to go back to the drawing board,” said Dennis Grzezinski, Midwest Environmental Advocates’ senior counsel. “They need to come up with a multi-modal plan that integrates transit as well as highways, to ensure that all residents of our region receive a fair share of the benefits of state transportation system investments.”

Read the full comments from the environmental justice organizations on the ACLU of Wisconsin website (PDF).

Learn more about how transportation dollars are affecting the state budget in this Milwaukee Journal Sentinel article. Other groups in Madison are talking about how budget policy will harm public transportation.

Election Day - Photo ID NOT Required (yet...)

2011-03-29T15:16:00.000-07:00

The American Civil Liberties Union of Wisconsin would like to remind voters that they don’t have to show a photo ID to vote on Election Day, Tuesday April 5.

Though photo ID is not required to vote in Tuesday’s election, voters across the state may be confused about current voting laws due to a proposal before the legislature (SB 6) that if passed would require eligible voters to show one of a limited number of state-issued photo identification documents each time they vote.

“First we hope that confusion about the proposed law doesn’t keep eligible voters without a current ID from exercising their right to elect officials on Tuesday,” said ACLU of Wisconsin Associate Director Renee Shavers. “But further, people should know there is still time to voice their opposition to photo ID requirements for voting.” The Government Accountability Board issued a statement Monday that also reminded voters that ID was not required for the upcoming Election Day.

The Wisconsin Department of Transportation estimates that if the proposed law were passed, it could cost the state nearly $3 million dollars in training, equipment, materials and lost revenues from a requirement to provide free identification. The Government Accountability Board estimates that over $2.3 million dollars would be needed to update databases, forms, provide voter education, poll worker training and other costs associated with major changes in voting rights laws (find more on the bill’s fiscal estimate online).

Also, the Department of Transportation estimates that about 20% of Wisconsin’s eligible voters do not have a state-issued photo ID. Citizens who tend not to have current photo identification include a disproportionate number of people of color as well as the elderly, people with disabilities, those who rely on public transportation, and mobile populations such as college students. The ACLU of Wisconsin opposes SB 6 because it would restrict the free and fair voting rights of eligible voters while having a discriminatory effect on minorities. Read more about our opposition to voter ID on our blog.

“When our state has such a long history of free and open elections, we need to work to make sure every citizen has the right to vote, no matter what’s in their wallets,” said Shavers.

The ACLU of Wisconsin has information on the right to vote (including people who have had criminal convictions) at aclu-wi.org. Please contact the Milwaukee or Madison office if you have complaints about voter access at your local polling place on Election Day.

The Governor's Fantastic Math for Public School (De)funding

2011-03-17T07:35:00.000-07:00

Governor Walker is doing some fantastic math these days. And our public schools are going to suffer for it.

The Governor claimed in a media conference, which was closed to the public yesterday, that projected revenue losses for local public school districts could be made up in most cases from employee benefit concessions. In reaction, educators immediately pointed out to the media that his figures are misleading because they fail to take into account a variety of factors, including inflation, existing contractual obligations, and disparities in wealth among districts.

“The Governor’s privatization ideology appears to have blinded him to the stark realities Wisconsin school children will face if a budget is passed with a $834 million cut in school aids over the course of the biennium,” said ACLU of Wisconsin Executive Director Christopher Ahmuty. “Walker’s de-funding scheme coupled with a costly and wasteful expansion of the failed private school voucher program in Milwaukee and independent charter schools statewide will privatize public education in Wisconsin.

“The failed privatization effort in Milwaukee has reduced resources for public schools statewide. Even though the private schools in the Milwaukee have resisted meaningful accountability and evaluation, it is clear that they do not, in most cases, achieve better outcomes for students than public schools.”

Wisconsin is not the only state where public schools are facing privatization. Ohio Governor John Kasich’s recently released budget also includes deep cuts and an expansion of vouchers. It appears that national proponents of privatizing public education have found more than one receptive Governor to defund public schools.

“The ACLU of Wisconsin calls on Governor Walker to stop serving national special interests and listen to the people of Wisconsin who are served by strong public schools," said Ahmuty. "The ACLU of Wisconsin remains open to working with legislative leaders to bring sanity into efforts to reform education funding.”

Our state budget must not be balanced by shortchanging public school children and busting teachers' unions. If public schools keep getting defunded, maybe the only math lessons our kids will be learning will be as fantastic as the Governor's budget calculations.

Saturday, We're Recognizing Wisconsin’s Endangered Civil Liberties and Honoring Racial Justice, Education, and Housing Advocates

2011-03-16T09:09:00.000-07:00

On Saturday, March 19, the American Civil Liberties Union of Wisconsin members and supporters will recognize some of Wisconsin’s community leaders in civil liberties at its annual Bill of Rights Celebration. This year’s special guest will be actor and comedian Aasif Mandvi.

Aasif Mandvi will share his experiences of growing up as an Indian Muslim in the United States, acting in Hollywood, and working with the ACLU to bring awareness to the experiences of victims of torture and rendition. Mandvi is best known in his work as a correspondent on Comedy Central’s The Daily Show with Jon Stewart.

Several outstanding organizations and community leaders who work to protect freedom in Wisconsin will receive awards from the ACLU of Wisconsin:

Barbara Munson: The Eunice Z. Edgar Lifetime Achievement Award – Munson will be recognized for her many years of work to encourage schools to eliminate race-based mascots. As chair of the “Indian” Mascot and Logo Taskforce for the Wisconsin Indian Education Association since its inception in 1997, the Taskforce actively worked to support the 31 Wisconsin school districts that have retired race-based mascots and was instrumental in the passage of Act 250 in 2010.

Tenants of the South Milwaukee Lake Bluff Apartments: William Gorham Rice Civil Libertarians of the Year Award – Residents of Lake Bluff filed a federal complaint of housing discrimination in 2003 when it was clear that their city government intended to raze the integrated, accessible, affordable housing complex. The ACLU of Wisconsin Foundation, Legal Action of Wisconsin and the Legal Aid Society of Milwaukee assisted the families in court where a federal jury found that tearing down the apartments would have a discriminatory effect on persons of color and persons with disabilities.

Riverside University High School Teachers, Bonnie Brusky, Paul Moga and Tom Wild: Jack and Lucy Rosenberg Youth Civil Libertarian of the Year Award – Riverside University High School in Milwaukee’s core values in teaching include social responsibility and justice. These teachers’ leadership has paved the way for students to participate in powerful social awareness programs about racial justice, homelessness and the importance of civic participation. Participants in Riverside’s ACLU Student Alliance have gone on to become young community leaders in Milwaukee.

The event is held annually as a benefit for the ACLU of Wisconsin Foundation’s work to educate Wisconsin residents about their civil rights. This year’s event will be held at the Pfister Hotel at 424 East Wisconsin Ave., Milwaukee and begins at 6:00 p.m. A private reception with Mandvi is available at a separate ticket price.

Tickets are still available: Please visit the event webpage to order tickets online or contact Emily Plagman by email or phone at (414) 272-4032 extension 24.

Education Cuts: Joint Finance Could Bring Reason to Governor's Budget

2011-03-04T13:26:00.000-08:00

The American Civil Liberties Union of Wisconsin is open to working with members of the Wisconsin Legislature's Joint Committee on Finance to restore reason to Governor Walker's budget proposals for K-12 public education in Wisconsin. The Governor is recommending slashing equalization and categorical aids to school districts rather than trying to fix a school funding formula that many have regarded as broken for years.

Christopher Ahmuty, Executive Director of the ACLU of Wisconsin called the proposed cuts, "'penny wise pound foolish.' You can't put our children's education on hold. These proposals will widen the already shocking gap between the education children receive in poor districts versus well-off districts.

"If the Governor and his ideological allies intend to create an underclass of Wisconsinites who will have less of a chance to become productive citizens, his budget proposals will move our families toward that outcome.

"In the weeks ahead the ACLU of Wisconsin will be working with parents, students, school board leaders and educators to show legislators that the Governor's proposals will fail under-served children in all parts of our state," Ahmuty concluded.

For more on education cuts in the state budget, read this Wisconsin State Journal article about increased funding for private schools and decreased funding and resources for public schools.

ACLU of WI Issues Letter to DOA on Fair Access to Capitol

2011-02-28T13:54:00.000-08:00

Today the American Civil Liberties Union of Wisconsin in a letter to Wisconsin Department of Administration Secretary Michael Huebsch insisted that the Secretary ensure fair access to the Capitol. The Department has restricted access to the Capitol by citizens wishing to exercise their rights to free speech and assembly.

ACLU of Wisconsin Executive Director Chris Ahmuty said, "We felt compelled to write the Secretary as his emerging directives impose unwarranted content-based restrictions on those visiting the Capitol Building."

The ACLU's letter reads in part, "Prohibiting protesters on either side of the debate from entering the Capitol during normal business hours or during legislative hearings or sessions, while allowing others with 'business' in the Capitol to enter, is manifestly content-based and, hence presumptively unconstitutional."

Ahmuty, said of the letter, "The ACLU of Wisconsin and its members across Wisconsin want a prompt answer to the concerns and requests in our letter to Secretary Huebsch. The rights of our fellow Wisconsin residents can't be suspended or curtailed for administrative convenience or political posturing."

During the last two weeks the ACLU of Wisconsin and cooperating attorneys have deployed volunteer legal observers at and around the Capitol on a nearly continuous basis to protect the rights of all demonstrators to peacefully protest to distributing "bust cards" to protesters and by monitoring the authorities for violations of rights.

The full letter and ACLU of Wisconsin statement is available on our website. For current information on the conditions at the Wisconsin state Capitol, please follow the ACLU Madison office on Twitter or visit our Twitter page.

Privacy Rights Online - Who is Checking You Out? A Discussion on 4th Street Forum

2011-02-26T12:40:00.000-08:00

Did you catch this week's 4th Street Forum on Milwaukee Public Television? The topic was on data privacy rights and the ACLU of Wisconsin's Executive Director Chris Ahmuty was among the guest panel to discuss current trends.

During the conversation on current issues in data privacy, Ahmuty talked about the concerns ACLU members have about data mining by the government and their privacy online, even in a time of social networking and sharing.

He also discussed the lesser-known topic of government data fusion centers (check out the ACLU's national map), locally known as the Wisconsin Statewide Information Center. He spoke about the abuse of threat assessments on anti-abortion protesters who demonstrated at a UW Regents meeting (read more: ACLU of WI quoted in blog post from The Progressive magazine).

Other topics included employment discrimination related to social media posts and Wisconsin's Circuit Court Access Program, the potential reauthorization of Patriot Act provisions and a discussion of the fact that the Electronic Communications Privacy Act hasn't been updated since 1986.

Enrique Figueroa hosted this edition of 4th Street Forum called, "Privacy: Checking You Out." Other guests included Dr. Michael Zimmer, co-director, Center for Information Policy Research at UW-Milwaukee; Tannette Elie, independent on-line news journalist; and Bruce Boyden, JD BRUCE BOYDEN, JD, assistant professor of law at Marquette University Law School.

ACLU of WI Urges WI Senate to Reject Hasty Move to Repeal Racial Profiling Data Collection Law

2011-02-22T16:29:00.000-08:00

The American Civil Liberties Union of Wisconsin is dismayed legislators are seeking to repeal a new tool for police managers seeking to identify and address possible racial profiling in officer initiated traffic stops. Today the Senate Committee on Transportation and Elections voted to send SB-15 to the full Senate for a vote to repeal our state's new traffic stop data collection system.

On January 1, 2011 most law enforcement agencies across Wisconsin began collecting data from traffic stops and searches which includes the actual or perceived race or ethnicity of the motorists they stop. The intention of the new traffic stop data collection system is to make it possible determine if a law enforcement agency or one of its units is disproportionately stopping minority motorists. If so, the agencies' leaders would be able to investigate and determine the degree to which the disparity may be the result of biased policing.

At the public hearing on the bill to repeal traffic stop data collection, it was clear there was a lot of confusion about the new system. The ACLU of Wisconsin testified at the bill's public hearing on February 16, 2011 urging legislators to address problems with implementation rather than denying that biased policing can happen here. Very small agencies may not have the computer capacity to automatically load most of the data requested at the time of a traffic stop -- however -- that is no reason to scuttle a useful and manageable way to address a real problem for law enforcement all across our state.

To give up on a data collection system, that like most other data systems, is bound to have glitches during startup, suggests that opponents of data collection do not take bias in policing seriously. Wisconsin residents from across Wisconsin during a series of listening sessions in late 2009 told of their well-founded concerns. Wisconsin law enforcement officials, community leaders, and national experts were involved in the development of the new system for the Wisconsin Office of Justice Assistance. If the Senate votes to repeal traffic stop data collection, it will send the wrong message. Rather than being problem solvers, they will be moving against the mainstream of law enforcement professionals nationwide who are committed to eliminating bias in policing.

Legal Observers Protect Right to Assemble and Speak

2011-02-18T16:06:00.000-08:00

As protests have sprung up around Wisconsin this past week, the American Civil Liberties Union of Wisconsin Foundation has organized specially trained, neutral observers to be witnesses to interactions between police and demonstrators. With more protesters on both sides of the public debate over the budget repair bill expected this weekend, the ACLU will continue to have observers monitor the demonstrations and the law enforcement response. The ACLU has also widely distributed information about protesters’ rights and responsibilities by handing out its popular “bust cards” at protests and by posting on internet and social media sites all week.

The ACLU observers, often wearing yellow “ACLU Legal Observer” t-shirts, have received formal training from ACLU staff and volunteer lawyers about protest rights, working with police and documenting observations of police activity. The observers are trained to remain neutral, rather than to participate in protest activity. The presence of legal observers may help defuse confrontations between protestors and police, deter police misconduct and provide evidence for subsequent legal actions.

Stacy Harbaugh, the ACLU of Wisconsin’s Community Advocate, said, “Our legal observers have been present throughout the protests in Madison and elsewhere in the state this week. We are working with volunteer lawyers to deal with any trouble spots that may arise. Thus far, the protests have been largely peaceful and the various law enforcement agencies have handled the demonstrations well. We hope that trend continues, both here and around the state.” Harbaugh also encouraged people who witness arrests or other police action to help in the monitoring effort by contacting the ACLU or the Hawks-Quindel law firm at (608) 257-0040. Special thanks to all of the volunteers and attorneys who have helped thus far.

For live tweets from the Capitol on the rights of protesters, please follow @ACLUMadison.

ACLU of Wisconsin Reaffirms Workers' Rights to Collectively Bargain

2011-02-17T16:11:00.000-08:00

Christopher Ahmuty, Executive Director of the American Civil Liberties Union of Wisconsin issued the following statement in response to Governor Scott Walker's proposal to restrict the collective bargaining rights of most public employees in Wisconsin. Ahmuty's statement may be quoted as follows:

"The American Civil Liberties Union of Wisconsin urges the State Legislature to reject those portions of the budget repair bill that curtail government employees’ rights to organize and collectively bargain over the terms and conditions of their employment. These labor rights are aspects of the First Amendment rights of freedom of association and speech. Private and public employees alike, through their association with other persons in a labor union, must have the ability to seek compensation, benefits and other working conditions through collective bargaining with their employers."

Protest rights: Top 5 Things To Know During Demonstrations

2011-02-16T15:32:00.000-08:00

On Tuesday and Wednesday of this week, the ACLU of Wisconsin Foundation sent volunteer legal observers to witness the large-scale protests in Madison and Milwaukee. In Madison the protests have gone largely without incident and with full cooperation between law enforcement and activists despite the estimated 10,000+ demonstrators picketing inside and outside the Capitol each day.

The ACLU of Wisconsin Foundation would like to affirm the rights of protesters to peaceably assemble. As the demonstrations continue this week, we want to remind activists about the top five things to remember when demonstrating:

1. Signs with sticks are not allowed in the Capitol building for safety reasons. Paper signs are allowed.

2. Peaceful demonstrations are allowed, so long as they don't violate other people's rights. However ignoring police orders is not allowed. The police may not shut down a demonstration entirely, but may put reasonable limits on the time, place and manner of a protest. If police issue orders to protesters to leave an area or to otherwise conform to announced rules, protesters who ignore orders could be subject to citation or arrest.

3. Be a good observer. Document any problems at demonstrations with notes (time, location, details) and especially with cameras. The National Lawyers’ Guild has a guide for trained legal observers that is an excellent resource on how to document protests (PDF).

4. An individual under arrest should say nothing to law enforcement without their attorney present. Please see the ACLU of Wisconsin Guide for Demonstrators (PDF) for more details on what Constitutionally protected activity. Criminal behavior is not protected by the First Amendment. For more information on interacting with law enforcement, please see our bust cards for Milwaukee (PDF) and Madison (PDF).

5. Protests in public spaces like sidewalks and in the Capitol within a reasonable time, place and manner are allowed. In general, protesters have the most rights in outdoor public spaces like public sidewalks and the Capitol grounds. As long as the protest is peaceful and does not block traffic, most protest activities are allowed in such spaces. Inside buildings like the Capitol, however, authorities may impose more limits to ensure that government functions are not interrupted.

As protests continue, we remind everyone to take care of themselves, cooperate and continue to exercise their free speech rights without problems or incidents.

Voter ID Law Would Disenfranchise Citizens, Not Fix Illegal Votes

2011-01-25T08:08:00.001-08:00

The new session of the Wisconsin Legislature has barely begun and legislators are pushing a bill that will require all voters to present a government-issued photo ID every time they go to the polls. The bill (Senate Bill 6 - PDF) will have a public hearing this Wednesday, January 26.

Vote Fraud is a Myth
The American Civil Liberties Union of Wisconsin will be there to speak out against an attempt to treat all voters as potential crooks rather than as citizens in a democracy with free and fair access to cast their ballot.

Proponents of this measure exaggerate the instances of illegal votes cast in Wisconsin. Despite considerable resources spent to prosecute vote fraud in recent years, only 18 cases of substantiated illegal voting led to convictions. None of the cases would be avoided by requiring a photo ID to vote at the polls on Election Day. To the extent that a small number of felons on probation or parole who are ineligible to vote may cast ballots, this measure will not stop them from voting because they have or may get photo IDs.

For more information on the debunked allegations of voter fraud in Wisconsin, see the Brennan Center for Justice report, "The Truth About Voter Fraud."

SB 6 Will Disenfranchise Minority Voters
The ACLU of Wisconsin opposes the proposal because it would place a significant barrier to voting rights would have a discriminatory effect on minority voters. Citizens who tend not to have current or state-issued photo identification include people of color as well as the elderly, people with disabilities, those who rely on public transportation, and mobile populations such as college students. This is an unconstitutional burden on the fundamental right and freedom to vote.

Even if the bill allows for individuals to obtain government-issued photo identification free of charge, the documents required for qualification for an ID often cost money and take time to obtain (see the state DMV's website on the documents generally needed to acquire an ID card and specifically those required for proof of identity). Additional barriers can be experienced by citizens who face the circular challenge of obtaining documents for their photo ID when a photo ID is required to obtain documents. When individuals, especially low-income workers and those who rely on public transportation face the costs of taking time off of work, traveling to motor vehicle departments with limited locations and hours and paying fees for certified documents to obtain a photo ID simply for the freedom to vote, the ACLU of Wisconsin pledges to act on behalf of those disenfranchised by the proposed law.

The ACLU has opposed these deeply flawed laws in other states. But the law as proposed in Wisconsin is the worst and most restrictive we've ever seen. To deny potentially thousands of voters the right to freely cast a ballot to fix a non-existent problem is unconscionable in a free society.

Other Opinions About the Proposed Law
The Milwaukee Journal Sentinel issued an editorial against voter ID along with many suggestions of how the law would have to be fixed in order to avoid significant disenfranchisement. The Capitol Times took a stand against fast-tracking the bill and Dave Zwiefel said the law was a solution in search of a problem. There was also a cautious editorial from the Oshkhosh Northwestern. The League of Women Voters has issued a statement against the law. On student rights and voter ID, the Huffington Post featured this opinion from a Rock the Vote field director. And the Journal Sentinel's Craig Gilbert discusses the photo ID issue along with problems with the proposal to eliminate another Wisconsin voting rights institution, Election-Day registration.

Breaking News: Belleville School Board Votes Unanimously to Keep Challenged Book in English Curriculum

2011-01-24T21:30:00.000-08:00

The American Civil Liberties Union of Wisconsin applauds the Belleville School District in their unanimous decision to keep a challenged book in the ninth grade English curriculum. Tonight the school board demonstrated patience and courage to recognize the importance of both due process and the need for relevant and contemporary literature in the classroom. Over 200 community members attended the hearing: the majority wore green "Keep the Book" stickers in a show of support.

“It was inspiring to watch the Belleville community speak out against the book challenge and in support of their teachers,” said Community Advocate Stacy Harbaugh. “In the end, board members all agreed that peer-reviewed, modern selections of fiction are appropriate for their ninth graders and that options are available for parents who want alternatives for their children to read. We’re glad the board did the right thing to keep the book.”

The book in question was “Staying Fat for Sarah Byrnes” by Chris Crutcher, a work of young adult fiction that depicts teens who face contemporary problems including bullying. Tonight, the Belleville School District’s Board of Education heard testimonies from a parent who challenged the book’s place in the English curriculum on the basis of her religious beliefs and from district superintendent who defended the selection of the book by addressing the claims made by the book challenger. Students spoke in favor of the book and parents asked the board to keep the book as a part of their children’s education.

“The parents and the students who stood by their teachers deserve applause and recognition too” added Harbaugh. “During this fall semester when the book was being challenged, the book was being closely read, parents were talking to their children about their education, and students were learning about intellectual freedom. What a great learning experience for all.”

The ACLU works to defend First Amendment principles, such as supporting students and parents who want to defend an inclusive public school curriculum: authors have the right to free expression in what they write and all of us share the right to read books. We support Belleville Schools in keeping “Staying Fat for Sarah Byrnes” because all of their students should have an education that gives them the tools for critical thinking, including works of contemporary literature that is relevant and compelling to teens.

David Douglas from News 3 was on hand to cover the story. Read more on the Channel 3000 website or check out Douglas' live tweets from the event @News3David.

Read more about the ACLU’s observation of Banned Books Week from 2011.

Other comments from the hearing
Many people thanked the English teacher for her grace in the line of fire and many thanked the parent who challenged the book for prompting the rigorous public discussion. Student Dylan Paris said that the book allowed him and his classmates to discuss real-life issues in the safety of a classroom. Parent Bob Smith said that when he asked his son what he thought of the possibility of a book removal he said, "are they crazy? This was the first book I read that meant anything to me." Student Patrick Blair said that the characters in the book taught him to be humble because his daily experiences in Belleville are miniscule compared to what other teens face.

Other letters of support came in from Belleville high school graduates, students in college who had read the book at some point in the past eight and a half years that it had been taught, and other teachers who stood in solidarity with the staff. Mike O'Connor, Associate Principal for the Oconomowoc high school (speaking for himself and not on behalf of the school) wrote a letter in support of English teacher Peg Kruse. He said that upon hearing that there was a misguided attack on the curriculum, he was prompted to read the book for himself to form his own opinion. The book represented the actual and sensitive issues students face in high school and the author allows readers to draw their own conclusions. O'Connor said the book was compelling reading and that Kruse has a strong sense of selecting books that stir the soul.

Community member Sandy Walejko put it best by saying that "it was a great night for freedom. The decision is important and the board members are good people. Concerned parents have good intentions. This is not about good vs. evil: this is an example of the free speech that our country stands for and I'm glad good citizens are engaged in an open debate."

The last word of the night was from the lively and irreverent student Lexi who was enthusiastic about reading the book for her English class. Said Lexi, "for a kid to actually get into a book? That's the stuff!"

Información Sobre La Legislación de Inmigración Propuesta de Wisconsin

2010-12-01T11:07:00.000-08:00

En Espanol!
Información sobre la legislación de inmigración propuesta de Wisconsin Rep. Pridemore.

Razones para oponerse a la legislación (en Ingles) y advertencias del recorrido para Arizona durante el 4 de Julio (en Ingles).

Response to Congressman Petri's Tepid Criticism of Invasive TSA Airport Screening Methods

2010-11-19T12:38:00.001-08:00

The ACLU has issued a guide for travelers to know their rights during invasive screenings at airports. Our elected leaders could take a strong leadership role in reining in what is clearly an imbalance in the privacy-security compromise we make when traveling during the "war on terror." But Congressional leaders' response is tepid at best.

Wisconsin's U.S. Representative Tom Petri and Rep. John Mica of Florida sent a letter to Transportation Security Administrator John Pistole that the ACLU of Wisconsin says isn't enough in light of the flood of complaints from travelers. We're disappointed that Congressman Tom Petri has not responded adequately to the concerns that residents of Wisconsin’s 6th Congressional District and other Americans have over the Transportation Security Administration’s new screening procedures at airports.

Petri and Rep. John Mica (R-FL), who are leading Republican members of the House Committee on Transportation and Infrastructure, criticized the TSA’s new pat down methods, suggested ways to improve aviation security and made warm statements about balancing security and civil liberties. Their criticism of the new pat down methods leaves current TSA policy mostly unscathed. They don’t actually address specific concerns regarding Advanced Imaging Technology (AIT) after saying they have concerns. Their letter is tepid, despite reading in part, “We have concerns that TSA is not achieving the proper balance between aviation security and the privacy rights of United States citizens.”

The American Civil Liberties Union believes that the Congressmen should have included in their letter:

1). Questions regarding the effectiveness of Advanced Imaging Technology raised by Government Accountability Office (GAO) in its September 2009 testimony before the House Homeland Security Committee. The Washington Post quotes the GAO "while officials said [the scanners] performed as well as physical pat downs in operational tests, it remains unclear whether the AIT would have detected the weapon used in the December 2009 incident," in written testimony to the House Homeland Security Committee.

2) Evidence that scanned AIT images are stored. Basic privacy protections should include the trust passengers have in the TSA that images of their scanned bodies cannot be stored or shared.

3). Outrage that invasive pat downs fail to provide a less humiliating alternative to travelers who wish to opt out of AIT scanning.

The ACLU and ACLU of Wisconsin wish to help travelers who value security and their own privacy. Please share this website which outlines passengers' rights during airport screenings: http://www.aclu.org/technology-and-liberty/know-your-options-airport

Help Us Work To Protect Freedom - Join the ACLU Today

2010-11-19T11:36:00.000-08:00

If you read the Cap City Liberty blog, you probably care a lot about civil liberties and the work of the ACLU of Wisconsin. Here is why we want you to become a member today.

After the November election, it is clear there is a lot of work to do. Fortunately, protecting civil liberties doesn’t depend solely on elections – civil liberties depend in large part on the participation of concerned Americans like you. That’s why your membership in the American Civil Liberties Union is so important. Your support for civil liberties makes you and the ACLU more powerful when you stand together with people who share your love of liberty and justice for all.

In Washington, D.C. there is still work to be done to restore the rights lost during the Bush Administration’s “war on terror.” Unwarranted surveillance of Americans, abuse of the material witness statutes to unlawfully detain individuals who are never criminally charged, and targeted killings of American citizens far from any battlefield continue to give America a black eye around the world. On these matters and more, the ACLU’s Washington Legislative Office counts on members who are constituents of Wisconsin’s delegation to speak up. This November, Wisconsin lost a voice on the side of civil liberties in these battles in the Senate.

ACLU members in Wisconsin like you can help us lessen that blow.

You are right if you believe we will have more work to do in Madison come January. We know that proponents of anti-civil liberties measures as well as and those who would use government to impose their morality on everyone will act quickly and forcefully.

New leadership will shepherd an agenda:

• To weaken or repeal measures adopted in the last legislature, including a new law providing limited protections and benefits for same sex couples; a new law requiring that health insurance cover FDA approved contraceptives; and a new law requiring all sex education offered in public schools to be comprehensive, medically accurate, and age appropriate.

• To weaken religious liberty further by providing more taxpayer dollars to religious schools, under the failed voucher scheme, by increasing the amount paid to religious schools per pupil and lifting the enrollment cap in Milwaukee.

• To distract us from solving the real problems surrounding our broken immigration system, by requiring Wisconsin law enforcement officers to ask for the immigration papers of anyone they suspect may be in this country illegally. Such a law would guarantee racial profiling of American citizens, who would be ordered to “show us your papers.”

• To move to suppress the voting rights of the poor, students, and the elderly by requiring a government-issued photo ID, and eliminating registration at the polls on Election Day. Despite oft-repeated “voter fraud” claims, the number of prosecutions for voter fraud is negligible. And plus, there are good reasons to restore the right to vote to felons who have served their time.

• The Governor-elect even opposes abortion in cases of incest and rape and supports the death penalty.

What can you and the ACLU do in the face of these unprecedented assaults on civil liberties? We will use strategies and tools that you will recognize: our membership, our loud voices, and our lawyers.

ACLU members and allies can speak out in Madison to demand anti-civil liberties measures are debated – at least in the court of public opinion. Members like you can advocate on state issues that will be fought over at the local level, such as your school board’s position on abstinence-only sex education or anti-gay bullying. And, you can speak out on important national issues, such as keeping the internet free from censorship and accessible to all as a common carrier, so-called net neutrality.

Please be sure to sign up for our email newsletter and alerts on our homepage, so that our messages will ring out loud and clear.

Our staff and volunteer lawyers will carefully consider bringing legal action in administrative proceedings and state or federal courts. Their skill, creativity, and persistence will give us leverage. There may even be opportunities to have an affirmative civil liberties agenda challenging discrimination in housing and education. Racial disparities in our criminal justice system and public school systems across the state are not only unacceptable in a civilized society, they are illegal. And, we won’t let faith-based groups use taxpayer dollars to proselytize or discriminate, or let government censor scientific research at our universities.

With the support of members like you, we have established strong programs for young people over the last ten years. These young people are made aware of civil liberties through our programs like our Youth Social Justice Forum and many have developed into real leaders for civil liberties and civil rights on their campuses and in their communities. They give us confidence and hope that over the long haul civil liberties will continue to protect more Americans. You can be sure they’ll speak up loudly now and in the years to come.

You’re invited to join us now because “freedom can’t protect itself.” Please sign up today.

Thank you.

Sincerely yours,
Chris Ahmuty

P.S. You don’t have to accept violations of civil liberties in silence. The ACLU will help you and your fellow civil libertarians stand up for what’s right.

Youth Social Justice Forum Gets Milwaukee Youth Talking about Equality and Free Speech

2010-11-16T11:37:00.001-08:00

On Thursday November 4th, 2010, over 300 high school students came together at the University of Wisconsin- Milwaukee Student Union for the 11th Annual Youth Social Justice Forum.

The crowd of students, teachers and volunteers gather for the day

Students learn how to build puppets from scratch to turn their ideas into 3-D images

With the assistance of almost 80 volunteers from all over the city, including the 2010-2011 class from Public Allies Milwaukee, students actively participated in educational workshops that covered topics from “Creating Audio PSAs” for radio broadcast to “Political Cartooning and Art.” The workshops were presented by volunteers and partners from across the region.

Art Night Books artist Devin Trudell shares political cartoons

In its eleventh year of operation, the Youth Social Justice Forum has evolved from a political awareness event for Milwaukee-area youth to a premiere Social Justice Forum for education and activism for southeastern Wisconsin. The Youth Social Justice Forum increases awareness about issues that directly affect young people, offers hands-on workshops that teach youth real skills to help them raise their voices, provides experiential learning that fosters creative and collaborative thinking, and brings people together to bridge the gap between different racial and economic backgrounds.

Political expression in t-shirt form is ripped from the headlines and incorporated into a workshop

The First Amendment comes alive when students have hands-on lessons about free speech and art

In addition to the workshops, those in attendance also had the opportunity to observe a debate concerning the topic of immigration reform and then cast a ballot to vote on the debated measure using real ballots and counting machines.

City of Milwaukee ballots and tabulators give students the experience of voting

True Skool speakers discussed the history of urban art

This event would not have been a success without the participation and collaboration of many talented volunteers and facilitators. Supporting organizations and businesses include: 88.9 Radio Milwaukee, the City of Milwaukee Election Commission, Milwaukee Public Theatre, Public Allies Milwaukee, RedLine Milwaukee, True Skool, University of Wisconsin-Milwaukee, Urban Underground and the ACLU of Wisconsin staff and friends. The countless hours spent during preparation for this event resulted in a fantastic outcome.

Public Allies Milwaukee volunteers helped the day run smoothly

Photos taken by ACLU of Wisconsin staff member Marion Ecks

View more pictures from the event on the ACLU Student Alliance HQ Facebook photo gallery

Bring the Youth Social Justice Forum or other youth rights workshops to your students or community group! For more information on next year's event or to get news and information about our educational work with young people, sign up for updates or contact our Youth and Program Department at (414) 272-4032 x 23. Get involved!

Top Ten Reasons To Oppose an Arizona-Style Immigration Law in Wisconsin

2010-11-16T10:02:00.000-08:00

We've been saying that "what happens in Arizona, stops in Arizona." That state's show-us-your-papers racial profiling law inspired boycotts by travelers and athletes and has come at a huge cost to taxpayers in court.

But in Wisconsin, Representative Don Pridemore has drafted a version of Arizona's law for our state. The ACLU of Wisconsin is concerned that an Arizona-style state immigration enforcement bill will lead to racial profiling, illegal or mistaken detentions, and waste taxpayers' money - especially if an unconstitutional law sails unchecked through the state legislature.

Here are the top ten reasons why the ACLU of Wisconsin says an Arizona-style immigration law would be bad for Wisconsin. The bill will:

1). ...lead to racial profiling - This bill will force police to detain individuals when the officer believes there is reasonable suspicion that an individual is here illegally. But what constitutes reasonable suspicion? Their ethnicity, accent, economic status?

2). ...cause illegal or mistaken detention - How will this bill protect non-criminals who won't be carrying around or have timely access to documents proving their legal presence? When a police officer stops someone with "reasonable suspicion," what separates a citizen who is a University student who doesn't have his wallet and proof of citizenship from an exchange student who doesn't have his wallet? Again, racial profiling will be likely?

3). ...be a wasteful expense to taxpayers - Detention costs will rarely be recovered and will never be recovered from individuals found innocent. There will also be those who are detained, but would have been released earlier otherwise. Defending lawsuits from individuals who have been illegally detained will also cost counties and the state.

4). ...distract professional law enforcement from actual crime - Our police officers already have enough to do without taking off time from fighting crime to learn how to indentify those without proper documents and enforce federal immigration law. Also arrests and booking are long enough processes without going through additional steps to document reasonable suspicion to the satisfaction of supervisors and courts.

5). ...strain relations with federal authorities - Is there any reason to believe that ICE would take custody of or at least take notice of these suspects, including those who are legally present but just can't prove it within two days? Will this impact the head count in local jails? And why should federal authorities allow Wisconsin to interfere with federal enforcement responsibilities, especially when the federal Department of Justice has sued Arizona for doing so?

6). ...pre-empt local control in Madison - It is inconsistent to say that the state of Wisconsin can enforce its own immigration laws while at the same time denying the City of Madison its own stance on immigration. We need meaningful, federal immigration reform now.

7). ...harm Wisconsin businesses, including agribusiness - While Rep.
Pridemore's proposal doesn't currently include Arizona-type penalties on business, it will hurt businesses nevertheless when legal residents and citizens get sick of racial profiling and employment discrimination.

8). ...be an affront to Wisconsin citizens - It goes without saying that this proposal is offensive to honest, taxpaying people, particularly the Latino citizens of Wisconsin. Racial profiling is a big enough problem for people of color in Wisconsin.

9). ...create a climate of intolerance in our state - At a time when we are trying to improve our state's economy, Wisconsin needs to lay out the welcome mat for businesses, workers and students.

10). ...open the possibility of a costly lawsuit - The racially motivated Arizona bill will likely cost the taxpayers around a million dollars in court costs. Can Wisconsin afford to pass an unconstitutional bill?

Sidenote: Change.org also has a top-ten list on why this would be a bad law. The proposal also had media coverage in the Milwaukee Journal Sentinel, UW Daily Cardinal and Badger Herald, and the ACLU of WI was quoted on the issue in the Capitol Times. The Milwaukee Journal Sentinel also published a strong criticism of the proposal.

Public Education Needs a Better Funding Solution to Help Disparities Problem

2010-11-15T10:55:00.000-08:00

This month, the Wisconsin Department of Public Instruction shared their new ideas on restructuring of the state's school funding formula. For too long our state has relied on a school funding plan that is tied to property taxes which gives disproportionate funding to schools in wealthy areas. Wisconsin schools Superintendent Tony Evers’s “Fair Funding for our Future” proposal would move schools toward considering student need, not property wealth, in allocating state aid.

“We agree with Superintendent Evers that our state funding formulas need to be structured to ensure greater support for children with greater needs,” stated ACLU of Wisconsin Executive Director Chris Ahmuty. “Shifting away from the school levy tax credits - which benefit higher-wealth households more than children in need - is a start.

“However, in moving forward with this proposal, we must keep in mind that it’s not only children in poverty who have additional needs,” Ahmuty added. “We need to ensure that the state is also addressing the concerns over Wisconsin’s significant racial disparities in graduation rates throughout the state.

“The ACLU of Wisconsin believes that racial disparities in graduation rates can no longer be ignored. We support a comprehensive approach that uses limited resources in the most effective way to ensure all children across Wisconsin have the opportunity to succeed,” Ahmuty concluded.

Media reports say that at first glance, the proposal could have support from newly elected Republican leadership.

Coal Plants and Civil Rights - The ACLU Asks the WI DNR to Reform a Milwaukee-Area Energy Plant

2010-11-11T10:01:00.000-08:00

Milwaukee Environmental Justice: Reportback from the We Energies Valley Coal Plant Hearing
On Thursday, November 4th, over 100 community members and organizations attended a hearing held by the state Department of Natural Resources regarding the We Energies Valley Coal Plant in Milwaukee. The coal plant needs a renewal of their air quality control permit but community members objected to the proposed permit and spoke out in support of clean air, energy alternatives and environmental justice.

Environment and civil rights: the connection
What does a coal plant have to do with civil rights? The answer has to do with several key laws that have been passed in the last fifty years. Milwaukee residents say that upgrades in energy plants that dramatically reduce air pollution have happened in suburban areas but not at the Valley Plant in Milwaukee near the high-density neighborhoods mostly composed of people of color. They attended the hearing to say that everyone has an equal right to breathe clean air, not just those who live in predominantly white neighborhoods.

Environmental justice: the law
In 1964, the Civil Rights Act was passed and said that any program that received federal funding could not directly discriminate or have a discriminatory effect on protected groups. Since the Department of Natural Resources receives federal funds and since the DNR is in charge of approving pollution permits for energy producers like We Energies Valley Coal Plant, the DNR must take into consideration the equal right everyone has to breathe clean air.

The Clean Air Act was first passed in 1970 and has been updated and changed over the years. In the 1990s the law established an improved permit program in an attempt to better regulate energy producers’ air pollution.

In 1994, President Clinton signed Executive Order #12898, on Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations. That order said that federal agencies need to know how minority and low-income neighborhoods will be affected by governmental actions in terms of environmental concerns. When outdated, relatively uncontrolled coal plants in low-income neighborhoods pollute the air, everyone there suffers. Governmental agencies have the responsibility to keep energy plants accountable.

Coal plants: impact on the people
Cracking down on air pollution isn’t just about global warming. People suffer immediate health effects when air quality is poor. Bad air makes asthma worse and Wisconsin sees a disproportionate number of asthma cases in the southeast part of the state, particularly with African-American children. The American Lung Association consistently gives Milwaukee an “F” for air quality, high ozone days and excessive particulate pollution. The Valley Coal plant is the oldest of WE Energies' coal plants and is located in a high-density area of the city with the largest concentration of African-American and Latino residents. Yet suburban plants in Port Washington and Oak Creek and other units have gotten upgrades, pollution controls or even natural gas conversions. The We Energy Valley Coal Plant is not just hurting the environment, its permit has a discriminatory impact on the public health of the community.

The ACLU and you: what you can do
The ACLU of Wisconsin joined the Black Health Coalition of Wisconsin, Midwest Environmental Associates and the Milwaukee Latino Health Coalition to oppose the permit renewal of the Valley Coal Plant and we submitted our full comments to the state Department of Natural Resources. These organizations got involved because we see, from a systemic level, how government decision-making can disproportionately impact the health and well-being of some of the most disfranchised groups of people in our state.

Join the ACLU of Wisconsin today and let us know that you support our work on racial and environmental justice. Or please consider making a donation to our legal efforts through Community Shares of Wisconsin or Community Shares of Greater Milwaukee. Your tax-deductible contribution to the ACLU of Wisconsin Foundation helps our legal team be a voice for environmental justice in the state.

Find the organizations' documents including a press release, comments with references and more on our Racial Justice issues page.

Why Photo ID at the Polls is Bad for Voters - Stories from Indiana

2010-11-05T08:19:00.000-07:00

Media reports are saying that incoming legislators want a voter photo identification requirement bill to be top priority next year. It's unfortunate that legislators who coasted to victory on a platform emphasizing economic development would first want to pass a law requiring a government-issued photo ID card at the polls, a barrier that would most likely impact low-income people. Perhaps the votes of those with the greatest need for economic salvation aren't that valuable to next year's leaders.

Originally posted on the national ACLU's Blog of Rights, this story illustrates exactly why photo ID at the polls is a problem. We give you the example of Indiana:

"Voting rights cases extol the right to vote as fundamental and preservative of all rights. Indeed, the right to vote without regard to race, gender, age, or class is protected by numerous constitutional amendments and federal laws. Therefore, Indiana's voter identification law departed from well-established constitutional principles when it required voters to possess a valid, current government-issued photo identification in order to cast a ballot on this past Election Day. After a long partisan battle, Indiana imposed new burdens on minorities, women, students, the elderly and the poor.

"In Crawford v. Marion County, the Supreme Court upheld Indiana's voter ID law, ignoring the plight of a 78-year-old Ft. Wayne woman who attempted to get a photo ID. After three separate trips to the Bureau of Motor Vehicles over several weeks and finally obtaining a certified birth certificate, she was turned away because her birth certificate contained only her maiden name. The law also denied ballots to elderly nuns in South Bend, who were turned away solely because they lacked photo ID. Students from the University of Notre Dame were denied ballots because their student IDs lacked an expiration date and their driver's licenses were out-of-state. They were told they could only vote absentee, while those who possessed Indiana-approved ID were able to go to the polls on Election Day. Instead of treating these voters' ballots as necessary parts of our democracy that preserve all other rights, their denial was characterized as minor collateral damage in the battle to prevent unsubstantiated voter impersonation.

"While the Supreme Court held the state photo ID requirement did not violate federal law, the Indiana Court of Appeals found it violated the Equal Privileges and Immunities Clause of the state constitution because it unjustifiably exempted select groups — absentee voters and voters living in state-licensed care facilities — from having to comply with the law.

"Now the Supreme Court of Indiana has an opportunity to affirm that discriminating against citizens at the polls violates the Indiana Constitution. On Monday, the ACLU's Voting Rights Project filed an amicus brief encouraging the Supreme Court of Indiana to see these injustices and restore equal rights to all of Indiana's voters."

In Wisconsin, your driver's license number helps the state match you to your registration information. But if you aren't licensed to drive in this state, there are other ways you can prove your identity such as using a state ID number or the last four digits of your social security number. You can even bring a voting neighbor to vouch for you.

The idea of a democracy is that every citizen of age gets a vote. Everyone. Not just everyone who can drive. Not just everyone who hasn't lost a birth certificate to a house fire or when fleeing domestic violence. Not just everyone who isn't a student or who isn't elderly or disabled. We should oppose photo ID at the polls in Wisconsin and maintain the integrity of voter access in our state.

VOTE: Your Rights at the Polls on Election Day in Wisconsin

2010-11-01T13:09:00.000-07:00

Each individual’s right to vote is the foundation of our democracy. The American Civil Liberties Union of Wisconsin wants all eligible voters to exercise their full right to vote on Election Day. Report problems to 866-OUR-VOTE, contact the ACLU of Wisconsin or tweet a report on your polling place to @ACLUofWisconsin or @ACLUMadison.

Before heading to the polls, be sure to check vpa.wi.gov to locate your polling place and verify that you are registered. For answers to more frequently asked questions, download the ACLU of Wisconsin’s Voter Empowerment Card or our mini flier on voting for those with criminal convictions.

Learn more about what the ACLU is doing to inform voters about their voting rights across the country.

Wisconsin:
Download the ACLU’s Wisconsin Voter Empowerment Card (PDF)

Download the ACLU’s Facts Flier on Voting with Criminal Convictions (PDF)

Mobile version for your smartphone

“Sensitive Issues:” Myths vs. Facts about the new Sex Ed Law

2010-10-27T12:40:00.000-07:00

Sex Ed in Wisconsin: New State Standards
The Healthy Youth Act, a new law passed earlier this year that the ACLU of Wisconsin supported, raises the state standards for how public schools offer human growth and development courses. Now if schools offer sex ed, it should be non-discriminatory, fact-based, age-appropriate, and comprehensive in covering the benefits and function of FDA-approved methods of birth control. The comprehensive approach to sex ed is the most effective way to teach young people the facts about human sexuality so that they can make healthy choices in their adolescence and into their adult lives.

Since the new law was passed, and in the wake of the Cedarburg School District decision to segregate "sensitive issues" by requiring parents to opt their children into a comprehensive program, opponents of the Healthy Youth Act have promoted myths about the rights of parents and schools. Cedarburg's decision has been criticized by the Milwaukee Journal Sentinel, by a physician and Cedarburg curriculum advisory committee and the District of Public Instruction.

And yet, social conservatives like op-ed writer Patrick McIlheran (in his Journal Sentinel column), GermantownNOW blogger Al Campbell and Charlie Sykes (on his October 19th show - part 3) are calling the new law an "oppressive" effort for the state to take power away from parents and school boards.

The Myth of Decreased Parental Control
First, critics suggest that parents don’t have control over their kids’ education regarding sex ed. The Healthy Youth Act continues to protect the right of parents to exempt their children from material they find objectionable. When a school district has a clear plan for human growth and development lessons, parents have the power to work with the school to make alternative arrangements. Additionally, the new law gives parents greater power in reviewing the curriculum at any time. Schools have the responsibility to ensure that exempted students have an equal, alternative assignment and do not face any grade penalty or discrimination for opting out. It is also common for parents to serve on the local school board’s curriculum advisory committees, as they do in the public meetings in Cedarburg. Parents’ rights and voices continue to be protected in the new law. But the law recognizes that young people and our state’s public health benefit when complete information about sexual health is offered to all students in our schools.

The Myth of Decreased Local Control
Critics also say that the law decreases local control over a school’s curriculum. This is hardly the case. The law raised state standards to ensure that young people receive information about reproduction and relationships that is comprehensive, fact-based and non-discriminatory. However the decision on how curriculum is designed and taught continues to rest in the hands of the instruction advisory committees and the school board members themselves. The Healthy Youth Act doesn’t require schools to teach human growth and development, but then schools would have to inform parents about the lack of education their children would receive. While evidence-based curricula packages are available to schools, the state Department of Public Instruction’s website has a toolkit that has resources for both schools and parents to teach human growth and development that works for their community. The state law outlines definitions but does not mandate a one-size-fits-all curriculum.

The Myth of Explicit Classroom Instruction
Reading opinion from social conservatives, one might think that the Healthy Youth Act is mandating that our local schools peddle pornography to children. But when the voices of criticism of comprehensive sexuality education come from radical, anti-contraception organizations like Pro-Life Wisconsin, misinformation needs to be countered with basic facts about the language of the new law.

The state law says that instruction must be “medically accurate” which means that it is based in science, approved by major medical journals and that instruction is reviewed by experts. Instruction must be “age-appropriate” or “suitable to a particular age group of pupils based on cognitive and emotional capacity.” School board members across the state might struggle with what they think age-appropriate means to them, but with puberty and adolescence come questions and young people deserve to get the facts about human sexuality.

State law does not require schools to “teach homosexuality.” The law does, however, require that instruction is free of bias against pupils of any race, gender, religion, sexual orientation, or ethnic or cultural background or against sexually active pupils or children with disabilities. In the wake of recent suicides of gay teens and the attention paid to preventing bullying and discrimination based on real or perceived sexual orientation or non-traditional gender identity, classroom time devoted to teaching respect would do all Wisconsin schools some good. Wisconsin schools that offer comprehensive sexuality education should include time for discussion on the issues faced by LGBT youth and how schools can be safe places for everyone regardless of sexual orientation or gender identity.

State law does not require schools to “teach masturbation.” No place in the law mentions the word “masturbation,” nor does it define masturbation as a normal part of a healthy human sexuality. The law does say that instruction should include information about “reproductive and sexual anatomy and physiology, including biological, psychosocial and emotional changes that accompany maturation.” When proponents of abstinence-only instruction critique a comprehensive approach, do they believe that students would have fewer questions about masturbation if they receive no answers to their questions about relationships, reproduction or contraception?

What Parents, Teachers and Youth Rights Advocates Can Do
Download our resource pages (PDF) with "Questions for Parents to Ask About Sex Education" and "Ten Ways to Work for Comprehensive Sexuality Education." Teachers and curriculum advisory committee members can visit the Department of Public Instruction's webpage on human growth curriculum for more information on how to design lesson plans that work and nondiscriminatory. The ACLU of Wisconsin also has resources to share with teachers for effective lesson plans that can meet the improved state standards for schools across the state. Email the ACLU of Wisconsin for more information.

Why Cedarburg Schools Are Out of Step with the New Sex Ed Law

2010-10-22T12:14:00.000-07:00

The Healthy Youth Act, a new law passed earlier this year that the ACLU of Wisconsin supported, raises the state standards for how public schools offer human growth and development courses. Because of the law, what we know as sex ed should be non-discriminatory, fact-based, age-appropriate, and comprehensive in covering FDA-approved methods of birth control, their benefits and how they work. The comprehensive approach to sex ed is the most effective way to teach young people the facts about human sexuality so that they can make healthy choices in their adolescence and into their adult lives.

But this month, the Cedarburg School District sent a letter to parents that described the school’s new policy regarding human growth and development instruction. Parents will be required to fill out an opt-in form in order for their children to receive a comprehensive lesson plan about reproduction and sexual health.

This year’s plan for sex ed at Cedarburg is unlike that of other schools across the state. By separating classes for topics the school board has deemed “sensitive” – topics that would be necessary to make the curriculum comprehensive and medically accurate – the school board is evading the law by offering non-comprehensive instruction to students who have no evidence of communication from parents.

Our state legislators wrote the law with the intention that all students would be offered complete information about sexual health and relationships as a basic part of their health classes. In spite of the long-studied recommendations from the school’s curriculum advisory committee, the board’s decision is unfortunate in that it is the very lack of communication from parents that will result in less education for students who deserve to get the facts about how their bodies work and how they can protect their own reproductive health.

So to the parents of Cedarburg: please read the letter from your school about sex ed carefully. Send a note to the school office saying what you think before November 1. But most importantly, make sure your school board members know that the silence of parents should not result in less information for the students of Cedarburg. Schools should be in the business of providing young people with more education, not less.

Read the latest about how the Department of Public Instruction warned the Cedarburg school district that their plan could be challenged by civil litigation and a letter to the Milwaukee Journal Sentinel from a physician and member of the curriculum advisory committee about why the plan is non-comprehensive and bad for the students of their school district.

Download our resource pages (PDF) with "Questions for Parents to Ask About Sex Education" and "Ten Ways to Work for Comprehensive Sexuality Education."

Federal Report Underscores Need for Fair Housing Plans, ACLU of Wisconsin Agrees

2010-10-18T17:00:00.000-07:00

On October 15th, the U.S. Government Accountability Office released its report on Housing and Community Grants. The GAO found – and put as the main conclusion on the title page of the report – that the U.S. Department of Housing and Urban Development (HUD) “Needs to Enhance Its Requirements and Oversight of Jurisdictions’ Fair Housing Plans.” Fair housing advocates in Wisconsin agree.

“For years, the Metropolitan Milwaukee Fair Housing Council and other groups have worked to ensure there is fair and open housing throughout our region,” stated Bill Tisdale, MMFHC’s CEO. “This report shows that we also need HUD to step up and make sure that county and local governments are doing their part.”

“Federal law is very clear that if a local government gets money from HUD for things like the Community Development Block Grant or HOME program, it has to analyze the impediments to fair housing in that community,” noted Karyn Rotker, Senior Staff Attorney for the ACLU of Wisconsin, which also works on fair housing issues. “And beyond that, it has to take actions to try to reduce those barriers. This isn’t just responding to complaints of discrimination – it’s taking active steps to create a more inclusive community.”

Mr. Tisdale added that “impediments to fair housing” are far broader than just overt expressions of discrimination. “For example, if people in protected groups – like people of color and persons with disabilities – are more likely to need affordable housing and a community’s laws or policies prevent that housing from being built, this is clearly a fair housing impediment. In fact, the GAO report shows it is one of the most common impediments to fair housing around the country – and that is certainly true in Wisconsin.”

“We hope this report will be just a first step for HUD to make sure that local governments are complying with the law,” added Attorney Rotker. “And we also hope that the governments themselves will start taking these requirements seriously.”

The response by the ACLU of Wisconsin and the Metropolitan Milwaukee Fair Housing Council are available on the ACLU of Wisconsin's website.

Madison ACLU Celebrates Banned Books Week

2010-10-04T11:35:00.000-07:00

Thanks to everyone who came out to the ACLU's Banned Books Week happy hour. A part of the Wisconsin Book Festival's line up, the happy hour was a time for book lovers and free speech supporters to gather and celebrate the right to read.

Co-sponsored by the Wisconsin Library Association's Intellectual Freedom Roundtable, the event featured IFRT board member Val Edwards who helped us toast the librarians and book defenders who keep even controversial books available to the public.

Val introduced ACLU of Wisconsin Community Advocate, Stacy Harbaugh, who asked everyone to raise a glass and shout out their favorite book on the challenged book list. Harbaugh shared the stories behind some high-profile book challenges in Wisconsin over the past year (such as in Fond du Lac and West Bend) and thanked ACLU members for their passionate and dedicated support.

As a thank-you to those who attended the event, we were able to give away some ACLU t-shirts, stickers and hats for door prizes. Other generous contributions included fair trade coffee from Just Coffee, a gift certificate for A Room Of One's Own Bookstore. We also thank Jesse Russell from Dane 101 for donating two tickets to the Freakin' Halloweekend bash which were the first of the door prizes to go.

Stay tuned to the Cap City Liberty blog for the announcement of our next happy hour. Slated for February, we are planning on an event with Planned Parenthood Advocates of Wisconsin to invite people to be a part of the reproductive freedom agenda for 2011.

Didn't get a chance to donate to the ACLU of Wisconsin at the happy hour? Your support is always welcome - you can give back on our website or through Community Shares of Wisconsin and their workplace giving campaigns.

Milwaukee ACLU Celebrates Banned Books Week

2010-10-01T23:52:00.000-07:00

The ACLU of Wisconsin Foundation, Woodland Pattern Book Center, the Wisconsin Center for the Book and Art Night Books co-hosted, co-presented the 2nd annual Banned Book reading in Milwaukee, Wisconsin on the evening of October 1st at Woodland Pattern.

About 45 attendees enjoyed wine, food and challenged book readings by guests Vince Bushell, Daisy Cubias, Tom Montag, La Shawndra Vernon and Scott Walter.

Vince Bushell, botanist & publisher of the Riverwest Currents, read from Kurt Vonnegut’s Slaughter House Five.

Daisy Cubias, celebrated poet and native of El Salvador, chose to read selected poems from a Salvadoran poet Roque Dalton. Poet, printer and Wisconsin Center for the Book board member, Tom Montag, read from Ulysses by James Joyce. La Shawndra, activist and well known performer, read from The Color Purple by Alice Walker.

University of Wisconsin – Milwaukee professor and lecturer, Scott Walter, appropriately read 1984 by George Orwell.

Asking the audience, “where would we be as a people and a society without many of these wonderful books we grew up with?” Angie Trudell Vasquez invited people to imagine how our lives would be different without such great literature. Co-host and poet, Vasquez read from Catcher in the Rye by J. D. Salinger.

Another co-hosts, ACLU of Wisconsin Youth & Program Director, Emilio De Torre, dressed this year as Lord Byron and read from his much enjoyed original poem combining Banned Book titles and pleas for donations to our represented worthy organizations.

After the event people thanked the ACLU of Wisconsin for supporting their freedom to read said what a good time they had hearing celebrated works, banter and conversation. Many people commented on their literary favorites being on the banned book list. An English teacher in the audience said much of what she assigned showed up on the classics lists.

ACLU Urges WI Court to Allow Registered Domestic Partners to Speak in Support of DP Law

2010-10-01T10:35:00.000-07:00

Couples Seek To Help Defend Lawsuit Challenging Wisconsin’s Domestic Partner Law

On Friday, October 1, the American Civil Liberties Union filed a motion before a Dane County Circuit Court on behalf of five couples asking that they be allowed to participate in a lawsuit seeking to overturn Wisconsin’s law granting limited domestic partnership protections to same-sex couples, so that they may defend the law. The law is being challenged by an anti-gay organization that contends that the law grants same-sex couples the same status as marriage, which is barred by the Wisconsin Constitution.

“Same-sex couples who have registered as domestic partners have the most at stake in this lawsuit and deserve to be heard,” said John Knight, staff attorney with the ACLU Lesbian, Gay, Bisexual and Transgender Project. “Only those directly affected by the law know what it’s like to worry about not being able to visit a partner in the hospital or to be left with nothing when a partner dies without a will.”

Wisconsin’s law allows for same-sex couples to register as domestic partners, granting them hospital visitation rights, the right to make certain decisions about medical care and rights to family and medical leave. Same-sex couples are still denied crucial protections provided only to married couples, such as the right to decide what happens to their partner’s body at death, and are denied access to all federal benefits, such as Social Security and veterans’ benefits.

Board members of Wisconsin Family Action had asked the Wisconsin Supreme Court to strike down the domestic partner law as inconsistent with the amendment to the state constitution that bans same-sex couples from marriage. The case, Appling v. Doyle, was dismissed by the state Supreme Court and re-filed in the circuit court, where both sides will be able to have a trial and present evidence to support their cases.

“While the domestic partnership law in no way provides the same benefits and legal protections as marriage, it is a lifeline for committed couples who seek the security and dignity of being able to provide for their families,” said Larry Dupuis of the ACLU of Wisconsin. “These couples have the right to defend these limited, but extremely important, protections against this unwarranted and mean-spirited attack.”

Also today, Lambda Legal also filed court papers today to intervene in the case on behalf of Fair Wisconsin and five member couples, saying that domestic partnerships and marriages are not “substantially similar.”

Attorneys on the case include Knight of the ACLU, Dupuis of the ACLU of Wisconsin and David J.B. Froiland, Linda E.B. Hansen, Daniel A. Manna and David B. Goroff of Foley & Lardner LLP.

Additional information about the case, including bios of the couples and legal documents, is available online.

Take Action: Ask Senator Kohl to Sponsor Paycheck Fairness Now!

2010-09-27T09:19:00.000-07:00

In this economic downturn, there is nothing more urgently needed than helping families bring home fair wages. Unfortunately, a pernicious wage gap remains between women and men doing the same job, making this hard time even more difficult. According to data from the U.S. Census Bureau women, on average, make only 77 cents for every dollar earned by a man. For women of color, the wage gap is even wider.

The Paycheck Fairness Act (S. 182), a much needed update to the Equal Pay Act of 1963, sits in the U.S. Senate and is poised for passage. The Equal Pay Act was intended to ensure equal pay for equal work, but over time, because of weak remedies and loopholes in the law, significant disparities in pay persist. The Paycheck Fairness Act would give employees the legal tools they need to finally close the wage gap.

With just a few days remaining to pass the Paycheck Fairness Act in this Congress, we need Senator Kohl to act now. Senator Feingold is already a sponsor and we want Wisconsin's Senators to both support this important bill.

In Washington D.C., toll-free - 1-877-667-6650

Appleton - (920) 738-1640

Eau Claire - (715) 832-8424

La Crosse - (608) 796-0045

Madison - (608) 264-5338

Milwaukee - (414) 297-4451

The bill already passed the U.S. House of Representatives with bipartisan support and now has 40 co-sponsors in the Senate—more than it has ever had in any previous Congress. President Obama, Vice President Biden and other senior members of the administration have announced their support for this important legislation, citing the passage of the Paycheck Fairness Act as an important step towards the economic security of women and our nation’s families. And when recently polled, 84% of American voters expressed support for a new law to create more avenues for women to receive fair wages.

We need our Senators to act now, which means they need to hear from you.

For the ACLU of Wisconsin members across the state who received this action alert last week and called Senator Kohl to ask him to co-sponsor this bill, thank you! Didn't receive the action alert? Sign up today to get the civil liberties news and action alerts that impact the residents and legislators in Wisconsin.

HOWL Film a Hit In Milwaukee - Answers the Question, "What Are Angel-Headed Hipsters?"

2010-09-17T09:26:00.000-07:00

Over sixty people were unable to get seats to the "HOWL" film in Milwaukee Wednesday night. The sold-out event was filled to capacity with people who enjoyed a special advanced screening of the feature film about Allen Ginsberg’s poem and obscenity trial.

“The movie was an excellent blend of a depiction of the trial, an interview with Ginsberg as a monologue by Franco, and a staging of the first public reading of the poem,” said ACLU of Wisconsin staffer Marion Ecks. “I liked how it combined animation and film in a creative and moving way. The cast did an excellent job and Franco really captured Ginsburg’s manners and voice.”

The ACLU of Wisconsin Foundation co-presented the event along with the Woodland Pattern Book Center, the Milwaukee Public Library, Milwaukee LGBT Film Festival and the UW-Milwaukee Libraries. ACLU staff and volunteers were on hand to meet fellow card-carrying members (who got a discounted ticket price) and give updates about our activities in the state. We met librarians, faculty, activists and local politicians who seemed to all have a story to share about a beloved, challenged book or a civil liberties issue they cared about.

“It was a bit of a love fest for literary folks, book lovers, poets, Beat fans and libertarians,” said staffer Angie Vasquez. “I got to meet the Kenosha-area author of “Dharma Lion: A Critical Biography of Allen Ginsberg,” Michael Schumacher, who led a Q & A after the film. Raised in Milwaukee, Schumacher went to parochial school and when his teachers said ‘don’t read this book, “Howl,”’ he went out and bought it right away and became a life-long fan of the Beat Generation. What a story.”

Vasquez was a part of the program before the film started. She thanked the audience and told them that we were excited to be a part of the evening, especially since the ACLU played such an important role in defending HOWL in the trial. She read a segment of Ginsberg’s work which is also used as an example of the power of poetry in a workshop Vasquez presented at last year’s Youth Social Justice Forum in Milwaukee.

She reminded the crowd that the ACLU of Wisconsin will be recognizing Banned Books Week at an event at the Woodland Pattern Book Center on the evening of October 1st. A Banned Books Week happy hour will happen in Madison on October 1st at Mickey's Tavern. "HOWL" will have selected release dates across the country this fall including in Madison at the Sundance Theater on October 29th.

"HOWL" is just one of the controversial works the ACLU has defended in court. Read more about the history of the ACLU's work to defend banned books.

Happy ACLU Day! Ninety Years, Taycheedah Prison Conditions, Banned Books and More...

2010-09-15T09:21:00.000-07:00

Happy ACLU day!
In NYC, Mayor Bloomberg issued a proclamation honoring the American Civil Liberties Union's 90th anniversary. It's a proclamation worth reading because it summarizes the long-term work for basic equality and protections for Americans by the ACLU. What a great milestone: our members and supporters all know that defending civil rights takes time, but the ACLU continues to take the long view to work for justice.

ACLU of WI Update
Here in Wisconsin, we're getting geared up for Banned Books Week. Listen in on a 20-minute interview on WORT-FM with ACLU of Wisconsin Madison Community Advocate Stacy Harbaugh talking about Banned Books Week plans, our legal victory for equal and adequate health care at the Taycheedah women's prison, the work to support public schools in implementing comprehensive sex ed and more. The interview was a part of WORT's commitment to spotlighting organizations like the ACLU of Wisconsin Foundation which are members of Community Shares of Wisconsin which provides fundraising and support for organizations dedicated to addressing social, economic, and environmental problems through grassroots activities, advocacy, research, and public education.

** One correction: the Madison Banned Books Week happy hour will be on Friday, October 1st. See below.

Tonight in Milwaukee, the ACLU of Wisconsin is co-presenting the feature film HOWL starring James Franco. The film will play at the UWM Union Theatre, 2nd level, 2200 E. Kenwood Blvd., 7:00 p.m. and ACLU members will get a discount on their movie tickets. The special advanced screening of HOWL depicts the life of Allen Ginsberg including Ginsberg’s arrest and prosecution for obscenity. Ginsberg was successfully defended by the ACLU in 1957 in this historic defense of a banned book. The ACLU of Wisconsin joins the Milwaukee LGBT Film Festival, the Woodland Pattern Book Center, the Milwaukee Public Library, Milwaukee Film and the UWM Libraries as co-presenters of this event in preparation for the 2010 Banned Books Week (September 25 – October 2) and the Milwaukee LGBT Film/Video Festival (October 21 – 24). For more information about the Milwaukee LGBT Film/Video Festival and HOWL admission cost, visit their website. You can view the trailer of the film on line or read more about the HOWL trial on the ACLU website.

Banned Books Week is coming up! Join us for these events:
October 1 , 2010 – Happy Hour: Banned Books Week kick-off
Mickey’s Tavern, 1524 Williamson St., 5:30 – 7:30 p.m., Madison
A part of the Wisconsin Book Festival’s line up, this celebration of the right to read will bring together readers, librarians and book defenders to socialize and hear some of the stories behind the most challenged books in Wisconsin and across the country this year. Join us for this free, fun event. RSVP for the event on Facebook and invite your friends.

October 1, 2010 – Banned Book Reading
Woodland Pattern Book Center, 720 E. Locust St., 6:30 p.m. reception, 7:00 – 8:30 p.m. program, Milwaukee
Join the ACLU of Wisconsin Foundation, Woodland Pattern Book Center, the Wisconsin Center for the Book and Art Night Books for a reading of challenged or banned works of art. Readers will be announced soon. To co-sponsor the event or to donate funds to help provide food and beverages, contact liberty@aclu-wi.org or call 414-272-4032 x 11. To see pictures of last year’s event, visit our blog.

Privacy Rights: Selling a Book to a Resale Shop in Greenfield? "Say Cheese!"

2010-09-14T14:29:00.000-07:00

The City of Greenfield Common Council approved a ordinance in April that puts the civil liberties of sellers of books and CDs to resale shops in jeopardy. While it may be well-intentioned, Greenfield's ordinance (PDF) threatens the privacy rights of anyone trying to sell a long list of used items, including books and CDs, at commercial, resale establishments.

Common Council resolution No. 2695 re-wrote the pawnbrokers' ordinance. It requires all types of secondhand article dealers to electronically record information in a database about used items and the people who sold the items to the store. The stores would then have to report this information daily to the Greenfield Police. And most troubling from a civil liberties perspective, the merchants have to take photographs of the seller and provide them to police as well.

The ACLU of Wisconsin is concerned that the new ordinance treats all sellers as potential criminals even though there is no particular suspicion that they have done anything wrong and there apparently is little, if any, evidence that the items they are selling (like used books, exercise equipment or baby clothes) are items that are typically "fenced." It is especially troubling that "expressive materials," such as used books or films on DVD or video, when sold will result in a record of the sellers' tastes and opinions.

The Greenfield Common Council is likely to take another look at this new ordinance as soon as the Tuesday, September 21, 2010 meeting at 7:00 p.m. Check the council’s online calendar for the meeting’s agenda and location. Alders have heard complaints from area businesses and need to hear from residents about why this ordinance is too broad to implement.

For residents of Greenfield, please contact Mayor Michael Neitzke and your Council member to encourage them to amend the ordinance so that it will not threaten civil liberties. The City Clerk’s Office can provide you with the name of your alderperson and their contact information. Contact the City’s Clerk’s Office at 414-329-5219. You can find a complete listing of alderpersons online.

Email us at liberty@aclu-wi.org if you have contacted your alder and he or she is willing to fix this overbroad and instrusive ordinance.

Merrill School Board Stands Up For Healthy Youth

2010-09-10T10:26:00.001-07:00

The American Civil Liberties Union of Wisconsin would like to send three cheers to the Merrill school board and the Mauston’s school district’s Human Growth and Development Advisory Committee for affirming that fact-based, comprehensive sexuality education should be taught in their local classrooms. The Merrill school board and Mauston’s board committee made decisions that will help young people in their district get the information and life skills they need to make healthy choices throughout their lives.

We look forward to the final approval of comprehensive sexuality education by the Mauston School District on September 20th as well as in the Wonewoc-Center, New Lisbon and Royall schools. These Juneau County schools received a memo from our legal department on Tuesday, September 7th refuting the claims by county district attorney Scott Southworth that teachers who provide a comprehensive human growth and development curriculum at their school could face prosecution.

Everyone can agree that our schools should make sure students get a quality education. After the passage of the Healthy Youth Act this year (find a PDF of the law online), schools will be held to a higher standard for helping young people get the facts about reproduction and health. This standard of instruction is important for the public health of Wisconsin communities, large and small.

Some community members in districts that are currently considering their options in regard to sex ed have expressed concerns with parts of the law that mention non-discrimination against gay, lesbian, bisexual or transgender students and the law’s inclusion of the proper use of contraception. These concerns may be based on misinformation.

The law says that instruction must be non-discriminatory: teachers who use gender-neutral language or who don’t assume that all students in their classrooms are heterosexual are better able to effectively teach everyone in their class. And the proper use of contraception isn’t like a doctor’s visit: students should have basic instruction that is right for their age, that includes why and when people use contraception, and shares the facts about how contraceptive options work.

Parents and schools should remember that opt-out provisions still exist in the Healthy Youth Act. Parents who do not want their children to learn about contraception have the right to review the curriculum and work with their school to make alternate arrangements for their student. Schools should provide an adequate alternative lesson plan that ensures that the student will be treated with equality, dignity and respect for non-participation on that day.

Schools that have not yet confirmed that they will be teaching sex ed with a comprehensive, fact-based model have until September 30th to let parents know what will be taught. The Department of Public Instruction has excellent resources for administrators and parents who want to understand what the new law means for their local schools. The ACLU of Wisconsin also has resources on our youth rights issue page for parents to learn about what questions they have the right to ask about sex ed in their schools and for individuals who want to ensure that all students have access to comprehensive sex ed.

For the most current information and media coverage of the sex ed debate in Wisconsin, follow us on Twitter.

UW Milwaukee Police Conduct Report Leaves Unanswered Questions, Says ACLU of WI

2010-08-27T06:53:00.000-07:00

On March 4th, students at the UW-Milwaukee campus gathered to rally over the increase of tuition rates. When they took their message to the University's administration building, police and protesters had a confrontation and students were arrested and ticketed.

We blogged about the incident this spring and we said that an investigation was needed to review the use of force by campus police against protesters. However, the partial release of a report on police conduct by law enforcement experts and the Vice Chancellor leaves questions unanswered.

“The American Civil Liberties Union of Wisconsin is concerned that the University of Wisconsin – Milwaukee may be missing an opportunity to improve the UWM Police Department’s response to free speech activities, including demonstrations, on campus," said Executive Director Chris Ahmuty. "The two-page executive summary of an independent review panel’s report has indicated several deficiencies in terms of planning, training, equipment and tactics. Vice Chancellor Christy L. Brown’s memorandum responding to the report focuses on the prevention of “civil unrest” and absolves, and even praises, the police for their conduct, while endorsing the recommendations in the review panel."

Ahmuty went on to explain that Vice Chancellor Brown’s response to the review panel’s report is inconsistent with the report’s executive summary. What is even more troubling is that both documents fail to suggest ways to facilitate peaceful protest. The apparent mindset of the panel and Vice Chancellor is all about control and the exercise of police authority. The ACLU had hoped that this report would recognize that the vast majority of demonstrators were peacefully exercising their rights to free speech. Because of the deficiencies indicated in the report and poor decisions by UWMPD officers and their superiors during the demonstration the UWMPD did not handle the situation as well as it might have.

“We recognize that officers have a great deal of responsibility and work in often difficult circumstances," said Ahmuty. "Difficult circumstances do not diminish their responsibility to use constitutional methods. Therefore, the ACLU of Wisconsin is seeking additional information on some of the review panel’s recommendations. For instance, we are disappointed that there is a recommendation that officers receive formal training in crowd control tactics and operations, without explicitly including training on the rights of demonstrators in groups."

Hopefully this report will not be shelved as an end of dialogue on campus over how police respond to demonstrations. Constitutionally protected activity needs a trained and measured law enforcement response that protects rather than chills free speech.

This issue has had some coverage in the Milwaukee Journal Sentinel.

ACLU of WI Will Support State’s Domestic Partner Registry: Same-sex Couples Will Show Registry is Not Marriage

2010-08-20T13:13:00.000-07:00

The ACLU of Wisconsin will continue its work to ensure that same-sex couples maintain the basic protections provided in the state’s new domestic partnership registry.

“We expected a challenge to the registry in a lower court,” said Chris Ahmuty, ACLU of Wisconsin’s executive director. “We’re fully prepared to help defend the state’s registry so that same-sex couples in Wisconsin can have access to the basic, although limited, legal rights their families need.”

The ACLU of Wisconsin supported the defense of the state’s domestic partnership registry in 2009 when an earlier challenge was filed by Wisconsin Family Action in the state Supreme Court. The Wisconsin Supreme Court dismissed the complaint in November 2009. This week Wisconsin Family Action filed a new challenge in the Dane County court which could allow both sides to have a trial and present evidence to support their cases.

“While the Wisconsin Family Action and the Alliance Defense Fund will attempt to compare the domestic partnership registry to the legal definition of marriage,” Ahmuty continued, “same-sex couples will seek to demonstrate a factual record of how the protections offered by the registry are quite limited and in no way violate the marriage ban.”

For more of our recent work on LGBT rights, visit the issues section of our website. Read more about the latest challenge to same-sex families in the Milwaukee Journal Sentinel and the Wisconsin State Journal. The Journal Sentinel article has a lively comments section, so feel free to weigh in with your support for LGBT equality.

ACLU of WI Wins Federal Lawsuit Over Grossly Deficient Health Care in WI Women's Prisons

2010-08-19T11:44:00.000-07:00

Here is an update on how the ACLU is settling a lawsuit charging inadequate care at the Taycheedah women’s prison. Dramatic improvements in medical and mental health care will ensure female prisoners receive same levels of care as male inmates.

The American Civil Liberties Union, the ACLU of Wisconsin and the law firm Jenner and Block have filed papers seeking court approval of an agreement to settle a longstanding class-action lawsuit charging that grossly deficient medical and mental health care jeopardized the lives of female prisoners at the state’s largest women’s prison.

As part of the agreement, filed on August 20th in the U.S. District Court for the Eastern District of Wisconsin, state officials have agreed to implement a number of significant structural improvements aimed at ensuring that constitutionally adequate levels of care are provided to all prisoners at the Taycheedah Correctional Institution (TCI), and that female prisoners receive the same levels of mental health care as the state’s male prisoners.

“Today’s settlement is a real victory for all female prisoners at TCI who will no longer have to suffer needlessly in a system that fails to comply with the requirements of the U.S. Constitution,” said Gabriel Eber, staff attorney with the ACLU National Prison Project. “This settlement will lead to dramatic improvements in the quality of health care prisoners will receive.”

Under terms of the settlement agreement, state correctional officials must hire a full-time medical director who will oversee all health care at TCI, be on-site five-days-a-week and be devoted to administration and patient care. State officials will also be required to hire a consultant charged with regularly monitoring the medical care being provided to prisoners, provide recommendations about how to improve care and analyze TCI’s compliance with agreed-upon health care performance standards.

State officials must also complete construction by June 2012 of an off-site women’s resource center that will accept prisoners from TCI who need inpatient-level psychiatric services. Construction of planned annexes at TCI which will provide space for out-of-cell therapeutic activities and group and individual therapy for prisoners with serious mental illnesses must also be completed by June 2012.

Additionally, state officials must make a number of improvements to ensure the safety and access to core programs and services of prisoners with disabilities, including providing prisoners with hearing impairments access to sign language interpreters, reading assistance and Braille materials for prisoners with vision impairments and increased maintenance of paths, walkways and thoroughfares between buildings.

“The health care system at TCI has been in crisis for years and today’s settlement agreement is a monumental step toward achieving much-needed improvements and accountability,” said Larry Dupuis, Legal Director of the ACLU of Wisconsin. “The measures that will be put in place will have a positive impact not only on the prisoners at TCI but on the communities to which prisoners will return upon release.”

The first-of-its-kind class action lawsuit was filed in 2006 by the ACLU on behalf of women prisoners at TCI. The lawsuit charged that the state prison system put the lives of women prisoners at risk through grossly deficient health care, provided far inferior mental health treatment as compared to men and failed to provide reasonable accommodations to allow prisoners with disabilities to access basic prison services.

The lawsuit sought reforms to the system so that constitutionally adequate care be made available. Last year, U.S. District Court Judge Rudolph T. Randa entered a preliminary injunction ordering that significant changes be made immediately to TCI's dangerous system of administering medications to prisoners.

The ACLU's lawsuit charged that the prison's health system violates the Constitution's Eighth Amendment prohibition on cruel and unusual punishment and that the mental health care system violated the Fourteenth Amendment guarantee of equal protection, because the women received mental health care far inferior to what male prisoners receive.

A copy of the settlement agreement is available online.

We've blogged before about our progress in the case. As the lawsuit is being settled, the story is getting media attention from Wisconsin Public Radio (RealPlayer audio), the Milwaukee Journal Sentinel, the Wisconsin State Journal, UPI and News Talk WTAQ.com. The Milwaukee Journal Sentinel article has a lively comments section, so please post your comments in support of the continued work of the ACLU of Wisconsin to secure humane conditions in our state prison system.

ACLU of WI Files Complaint Over Shorewood Hills Planning and Housing Decisions

2010-08-12T11:36:00.000-07:00

Whenever there are concerns about building affordable housing, our ears prick up mostly because of fights like what happened in South Milwaukee with the Lake Point Apartments.

We’ve been observing the housing issue around Shorewood Hills and the proposal to replace the nearly vacant Pyare Square building. Some residents of the affluent village near Lake Mendota and the University of Wisconsin Madison campus complained about a proposed apartment complex that would house limited-income families. Finally the whole project was scrapped ostensibly due to the height of the building design. However a new apartment complex proposal has recently been suggested by the Stone House Development company under the same affordable housing financing program with fewer neighborhood objections. But questions remain about the fairness of the planning process in the village.

Today, on behalf of a Shorewood Hills resident named Bill Thomas, the ACLU of Wisconsin Foundation requested a federal investigation of the Village's rejection of accepting affordable family housing developments. In the complaint filed with the U.S. Department of Housing and Urban Development's Office of Fair Housing and Equal Opportunity, Mr. Thomas objects to the discriminatory effect of the Village's February 2010 rejection of affordable housing.

Mr. Thomas is a longtime resident of Shorewood Hills, a former member of its Plan Commission, and an outspoken advocate for housing diversity in the Village. He as long objected to Shorewood Hills’ de facto policy of excluding affordable housing - and the people who qualify for it, who are disproportionately persons of color - from the community.

“A developer wanted to build affordable housing in a perfect spot in Shorewood Hills,” noted Mr. Thomas. “He wanted to tear down Pyare Square - an obsolete, almost vacant office building, for which no one could think of a viable non-residential use, and replace it with affordable apartments and some green space. That proposal gave our Village a once-in-a-lifetime opportunity to break with the deplorable exclusionary policies of its past, and to comply with Wisconsin’s Smart Growth mandates to ‘meet the housing needs of persons of all income levels,’ and ‘promote the availability of land for the development and redevelopment low-income and moderate income housing’ without any serious strain or pain. Although the Plan Commission had recommended the needed rezoning, the Board of Trustees denied it.”

Mr. Thomas’ attorney, the ACLU’s Karyn Rotker, noted that the Fair Housing Act prohibits actions that have a discriminatory effect, as well as intentionally discriminatory behavior.

“Refusing to allow a developer to build housing that persons of color are proportionally more likely to need and use, especially in a less-diverse community like Shorewood Hills, can be unlawful," said Rotker. "That’s especially true when the rejection of such housing is accompanied by the kinds of sudden changes in rules and priorities, and the negative statements about people who live in affordable housing, that occurred here.”

“I fear that the Board of Trustees of Shorewood Hills, as a body, does not feel morally or legally obligated to even allow, much less encourage, affordable housing in the Village," said Thomas. "Unless it is persuaded otherwise, it will exercise the discretion it has reserved for itself to keep affordable housing out of Shorewood Hills indefinitely. I am hopeful that the Department of Housing and Urban Development will succeed in persuading it otherwise,” Mr. Thomas added.

The complaint got some media attention in the Wisconsin State Journal.

Energy Facilities in Milwaukee Need to Consider Minority, Low-Income Community Impact in Planning Decisions

2010-08-11T09:47:00.000-07:00

Urban planning decisions can be a complicated mix of government, business and community members trying to find a balance of their unique interests. But what happens when government makes planning decisions systemically have a negative impact on low-income and minority communities? When some neighborhoods need a voice on environmental concerns, the ACLU of Wisconsin steps up to fight for their needs.

On Monday, the ACLU of Wisconsin Foundation's legal department joined the Black Health Coalition of Wisconsin (BHCW) and the Midwest Environmental Advocates (MEA) to request that the Wisconsin Public Service Commission (PSC) address the disproportionate adverse impacts of electric generating facilities on minority and low-income communities in Milwaukee (PDF). The organizations seek to ensure that the PSC address these environmental justice issues in deciding whether to retire, "mothball," or upgrade existing electric generating units.

“Environmental justice issues are raised most clearly by WE Energies’ Valley generating plant on Canal Street, in the City of Milwaukee," said Dennis Grzezinski, MEA Senior Counsel. "This plant is the utility’s oldest power plant and lacks modern air emission controls. It is located in the heart of the State’s largest majority-minority city, between the state’s largest concentration of African-American residents to the north and its largest concentration of Hispanic and Asian residents to the south. While many other old coal-fired power plants in the state are shutting down or being upgraded, the Valley plant has avoided installation of pollution controls.”

In contrast to the negative effects created by the Valley plant, WE Energies’ coal-fired generating plant in Port Washington, a community with very few non-white residents, was razed and replaced with a cleaner, natural gas fueled plant. In Oak Creek, another overwhelmingly white community, four old coal generating units were retired, construction of the second of two new units with pollution controls is nearing completion, and four other old coal generating units are continuing in operation with installation of improved air emission controls.

“The different treatment given the Valley plant raises questions of compliance with the requirements of Title VI of the Civil Rights Act and of federal environmental justice requirements," said Karyn Rotker, ACLU of Wisconsin Foundation Senior Staff Attorney. "We urge the PSC to address them.”

Dr. Patricia McManus, President and CEO of BHCW, pointed out the big picture of both environmental and public health concerns: “The adverse health impacts of air pollution, of which power plants are a major source, are well-recognized. Meanwhile, asthma, caused and exacerbated by air pollution, affects nearly 100,000 Wisconsin children under age 18; is far more common in southeastern Wisconsin; and is far more prevalent among blacks than whites. The problems are exacerbated by the fact that Milwaukee has been designated by the EPA as out of compliance with air quality standards.”

The complete comments can be found on the ACLU of Wisconsin website. Comments include an analysis of federal civil rights law, details on the energy facilities in Milwaukee, how environmental justice principles apply and media reports on the issue. The coal plant story has also gotten some media coverage from the Milwaukee Shepherd Express.

Milwaukee Ald. Donovan’s Ill-Conceived Surveillance Scheme Amateurish

2010-08-10T13:04:00.000-07:00

According to media reports in the Milwaukee Journal Sentinel and his own press release, Milwaukee Alderman Robert Donovan has procured a recycled armored truck equipped with surveillance cameras for his crime fighting group “Operation Impact.” The Milwaukee Police Department will accept the vehicle, although they did not ask for it, according to a MPD spokesperson. The American Civil Liberties Union of Wisconsin is concerned that the Alderman appears to be offering his constituents publicity rather than the professional policing they deserve.

“South side residents face crime, poverty, and family hardships just like other city residents," said ACLU of Wisconsin Executive Director Christopher Ahmuty. "However, these conditions are no excuse for the second-rate police service the alderman is offering. The alderman’s scheme will tend to divert police resources. It will also tip off criminals who will see the armored truck parked on their block, thereby giving them a chance to move their operations.

“The Milwaukee Police Department trains its officers in proper and legal surveillance and search procedures. The alderman should leave policing decisions to police commanders. Residents don’t need amateurs to protect them. The alderman shows a disturbing willingness to put his schemes ahead of the reputation of innocent residents and professional police.”

The ACLU was quoted on this issue in the Bay View Compass, on WSAW.com, NBC's TMJ4 , and there was a story including an ACLU quote and a video on the surveillance truck on Fox 6 in Milwaukee.

Join the ACLU of Wisconsin’s E-Action Alert Network Today!

2010-08-09T11:16:00.000-07:00

Want to get news, action alerts and important updates on civil liberties issues sent directly to you? Join the ACLU of Wisconsin’s e-action alert network today.

By being a part of the ACLU of Wisconsin’s e-action alert network, you can be an active part in supporting individual freedom and civil rights. We will send you news and updates on the ACLU’s work in our state. You will also learn about ways you can take action by contacting your legislators or sharing action alerts with your friends on line.

Here is what you can do to become a part of our on-line community:

1. Join our mailing list on line. You can also sign up on our website at www.aclu-wi.org. You can opt-in or unsubscribe at any time.

2. Join us on Twitter and Facebook. Share civil liberties news with your friends. Find us at ACLUofWisconsin or ACLUMadison.

3. Forward this information to your contacts who share your support of civil liberties and the important work of the ACLU in Wisconsin.

Thank you again for your support. Join us on line today. We look forward to keeping in touch with you.

Voting Rights: Unfinished Business on the Anniversary of the Voting Rights Act

2010-08-06T12:20:00.000-07:00

Today is the 45th anniversary of the passage of the National Voting Rights Act of 1965. Until the height of the civil rights movement, state voting laws allowed discriminatory practices like poll taxes, “literacy” tests and grandfather clauses. Additionally Jim Crow segregation and even intimidation and violence led to the systemic disenfranchisement of African American voters.

The National Voting Rights Act helped to return voting rights to how the 15th Amendment of the Constitution read: “the right of U.S. citizens to vote shall not be denied or abridged … on account of race or color.” By trumping the state laws that had a grossly discriminatory effect of African American voter disfranchisement, the Voting Rights Act was a major step forward for the civil rights movement and taught our country that barriers to voting are unconstitutional.

But as we look back at the history of this landmark legislation, we must remember that there is unfinished business in the area of voting rights. One holdover from the days of Jim Crow laws is the idea that citizens who commit felonies should be denied their right to vote. The American public is still split on this issue and some still support the idea of taking away voting rights as a form of "civil death" as a fair part of punishment.

However it must be said that America is doing an excellent job of putting people behind bars since we have the highest incarceration rates in the world. And Wisconsin is among our country’s leaders for disproportionate imprisonment of people of color. Punitive trends started with Reagan’s War on Drugs, led to “truth in sentencing” and today politicians emphasize incarceration and harsh sentences for even non-violent drug offenses. Add in racial profiling and a systemic imbalance on how sentences are meted out in court rooms across the country and the truth is simple: we are locking up more people of color than ever before.

In Wisconsin, our state law says that people with felony convictions cannot vote until they have served time behind bars as well as completed probation and parole. Our state’s disproportionate minority incarceration means that minority voters on probation and parole in our communities are working and paying taxes but remain locked out of the voting booth.

The ACLU of Wisconsin and the Restore the Vote coalition worked hard this year to convince our state legislators that the time is now to change our state law to allow voting access for every citizen who is not incarcerated. Meanwhile state laws and court decisions across the country are moving toward making ex-felon disfranchisement a thing of the past. Wisconsin shouldn’t wait for the courts or Congress to restore the vote to those who are no longer incarcerated.

For more on this topic, check out Linda Greenhouse’s opinion piece in the New York Times from last week where she describes who goes to prison, why the racial imbalance of those who are incarcerated combined with felon disfranchisement has a discriminatory result, and how this issue has the attention of the Supreme Court and the Obama Administration. Greenhouse is a Yale Law professor, an expert on SCOTUS and a Pulitzer Prize winning writer.

For news from around the country on the work of the ACLU to secure voting rights for those who are no longer incarcerated, visit our national website.

Government Planning Agency Can't Conduct "Open" Business Via Private Email

2010-07-28T13:00:00.001-07:00

The ACLU of Wisconsin has told a Wisconsin agency, the Southeastern Wisconsin Regional Planning Commision, that it can't conduct the public's business in a private e-mail list serve.

The group called SEWRPC is an urban/rural governmental planning organization that is charged with the task of hearing and weighing business, development and environmental decisions for an area spanning seven southeastern Wisconsin counties. The group wanted to have one of its committees, the Environmental Task Force, discuss and vote on whether to accept a consultant's report about the water supply in southeastern Wisconsin. Karyn Rotker, ACLU Senior Staff Attorney, stepped in to remind SEWRPC that Wisconsin's Open Meetings Law prohibits agencies from discussing and voting on issues in private - and that includes a private email exchange.

The ACLU of Wisconsin has sent the message to SEWRPC before (PDF) about how important it is to weigh environmental and human concerns when making development decisions. We've blogged before about how government needs to take into consideration the environmental impact planning decisions have, especially on communities that need help with resources like accessible transportation and clean water.

New Berlin Planning Commission Should Allow, Not Limit, Public Comments on Housing Development

2010-07-27T13:05:00.000-07:00

The New Berlin Plan Commission in the midst of the recent controversy over affordable housing in New Berlin altered its bylaws to prohibit virtually everyone except residents and land owners from speaking during the open comment portion of its public meetings (you can read the change on the city's website - PDF). In response the ACLU of Wisconsin has written the Commission (PDF) chiding it for engaging in censorship that will undermine the planning process.

“Free speech exists in the public spaces of even the most exclusive communities,” said ACLU of Wisconsin Executive Director Christopher Ahmuty today. “The Commissioners are engaged in an important public service. Allowing all interested parties to speak will result in a better future for New Berlin,” he added.

“The New Berlin Plan Commission is refusing to allow public comment from persons who might want to live in the community,” noted Karyn Rotker, ACLU of Wisconsin Senior Staff Attorney. “And the timing of its actions - changing its public comment policies in the middle of the affordable housing debate - strongly suggest it is doing this because some people in New Berlin objected to the efforts of faith-based groups and others to try to develop affordable housing.

“These efforts to suppress speech can also have wider-ranging consequences. For example, in addition to shutting out the speech of people who might want to live in New Berlin, the Plan Commission’s new rules would also prohibit other interested persons - like those who work or own businesses in New Berlin, but don’t live there - from commenting at public meetings,” added Rotker.

In a letter sent to Plan Commission members on Monday, the ACLU suggested alternative measures to allow the Commission to efficiently conduct its business without suppressing speech, such as limiting the amount of time given to each speaker.

“As the U.S. Supreme Court made clear many years ago, there is a ‘profound national commitment’ to the principle that ‘debate on public issues should be uninhibited, robust, and wide open,’” wrote Ahmuty. “We urge the New Berlin Plan Commission to take those principles to heart.”

The issue got a mention on the Milwaukee News Buzz website as well as some attention on the NewBerlinNow.com website.

On Tuesday, Let’s Hope ‘Forward’ — Influences the National Organization for Marriage

2010-07-26T09:51:00.000-07:00

Posted in the op-ed section of the Capitol Times.

The National Organization for Marriage tour bus will stop by our Capitol building on Tuesday at noon to bring its message to the residents of Dane County that only different-sex couples are families. Local residents who support marriage for all loving, committed couples will hold a counterdemonstration where they will likely outnumber the NOM folks. The Madison office of the ACLU of Wisconsin will send volunteer legal observers to witness the protest and counterdemonstration as people on both sides of the marriage debate flex their free speech rights. We love it.

The ACLU of Wisconsin welcomes the National Organization for Marriage bus tour to rally on our Capitol steps. And not just because everyone has the right to free speech. We welcome the NOM because we are for marriage too. Like free speech, everyone should have the right to marry. And the ACLU of Wisconsin continues to work to advance the fair treatment of same-sex couples.

Until the time when voters can successfully repeal the discriminatory constitutional amendment prohibiting same-sex couples from marrying, there are more real families that need equal protection under law today. Just over a year ago, the state Legislature created a domestic partner registry and benefits for same-sex partners of state employees. But these steps fall far short of the necessary legal protections provided to the families of married couples. National and local foes of the domestic registry want to challenge it.

Among the opponents, the National Organization for Marriage wants to convince voters of the need to restrict the freedom and liberty of loving, committed couples to have their marriages recognized by law. This group should have a hard time proving that heterosexual marriages are threatened by recognizing other relationships. Fortunately most Madisonians know exactly how much stronger our community is because of the diverse families who live here. And that is the kind of freedom we all can be proud of.

In the long run, people who work to restrict freedom and liberty will fail. The history of our country and our Constitution is a story of evolution, progress and an expansion of rights for individual freedom. Hopefully, when the National Organization for Marriage bus tour stops at the Capitol near a statue emblazoned with our state motto “Forward,” they will be welcomed as freedom of speech dictates, and then they will take the statue’s advice.

Please visit the op-ed webpage and log in to leave your comments on why NOM is wrong about same-sex marriage.

Police GPS Tracking Question Left Unanswered by WI Supreme Court; ACLU Seeks Legislative Response

2010-07-20T08:21:00.000-07:00

On Tuesday July 20th, the Wisconsin Supreme Court sidestepped the question of whether there are any constitutional limits on police use of global positioning system devices to track people in their cars. Instead, the Court decided that a court order obtained by the police in the case of State v. Sveum satisfied the warrant requirement of the Fourth Amendment to the U.S. Constitution and the Wisconsin Constitution. We've blogged before on the privacy implications of this issue.

Although the Court did not decide whether a warrant is required, its ruling has the effect of overturning the Court of Appeals’ prior decision, which held that placement of and tracking with GPS devices was not “search or seizure,” and thus did not require a warrant from a judge or even that the placement and tracking be “reasonable.”

“The Court’s decision leaves open the core question of whether there are any constitutional limits to prevent the police from misusing such powerful technology to invade the privacy of innocent people,” said Catherine Crump, a lawyer with the American Civil Liberties Union, who submitted a friend-of-the-court brief along with the ACLU of Wisconsin (PDF) and the Electronic Frontier Foundation.

“The Court’s decision underlines the need for the legislature to put common-sense limits on use of GPS technology to prevent police officers with personal grudges or elected sheriffs with political axes to grind from placing GPS units on enemies’ vehicles to see what meetings they attend, what night spots they frequent and what churches they do – or do not – attend,” said Chris Ahmuty, Executive Director of the ACLU of Wisconsin. “Except in rare emergencies, law enforcement should have to show a judge they have a reasonable law-enforcement basis for tracking someone before they start.”

Lawyers on the friend-of-the-court brief include Amelia Bizzaro of Henak Law Office in Milwaukee, Crump of the national ACLU, Jennifer Granick of the EFF, and Larry Dupuis of the ACLU of Wisconsin. G. Michael Halfenger of Foley & Lardner argued the case before the Supreme Court on behalf of the amici. Madison Attorney Dean Strang, of Hurley, Burish & Stanton, represented Sveum.

The issue has had news coverage by the Associated Press and the Milwaukee Journal Sentinel and on WCCO, a CBS affiliate that serves the Twin Cities and western Wisconsin, WAOW-TV in Wausau, the Wisconsin Radio News and Wisconsin Public Radio.

Police Censorship of Gay-Themed Play Lawsuit Settled: City Pays MKE Gay Arts Center and Clarifies Theater License Requirements

2010-07-15T09:26:00.001-07:00

On July 14th, 2010, the Milwaukee Gay Arts Center (MGAC) received a check for $20,000 from the City of Milwaukee in settlement of a federal lawsuit filed on its behalf by the ACLU of Wisconsin. The suit alleged that the City violated the First Amendment by shutting down “Naked Boys Singing,” a musical play with gay themes that has been produced around the country, after receiving complaints from a citizen who objected to its content.

Paul Masterson, the Executive Director of the Milwaukee Gay Arts Center, said the settlement sends a message that the government should not interfere lightly with theatrical works, including works that express and celebrate gay identity. “Good theater sometimes challenges convention,” Masterson said. “The police should not shut down a play because some people find it offensive.”

City officials told MGAC representatives in August of 2005 that it could not stage the play because the Center had not obtained a theater license required by a local ordinance. The ordinance requires that the Common Council approve theater license applications, but the Common Council was not meeting until long after “Naked Boys Singing” was scheduled to run.

After the play was shut down, the City determined that, because the Milwaukee Gay Arts Center was a non-profit organization, it was exempt from the license requirement. After the dispute over “Naked Boys Singing” emerged, the City changed its theater licensing forms to make clear that non-profits were not required to get a theater license. However, the city ordinance still requires for-profit theaters to obtain a license and puts no time limit on when the Common Council must decide on the license application.

“Requiring any theater to get a license before putting on a play comes dangerously close to the kind of ‘prior restraint’ on speech the First Amendment was designed to prohibit,” said ACLU of Wisconsin Legal Director Larry Dupuis. “We are pleased that the City has clarified the process so that non-profits will know they are not required to get a license. However, we continue to believe that the City should amend its ordinance to limit the time the City has to issue any theater license. It’s too easy for the authorities to just delay giving the permit to performances they don’t like.”

The Milwaukee Gay Arts Center was represented in the case by cooperating counsel Steve Porter and Jeff Scott Olson of Madison, Wisconsin, and ACLU of Wisconsin legal director Larry Dupuis.

The story has had news mentions on WCCO CBS in the Twin Cities and western Wisconsin, The Onion's Milwaukee AV Club, WBAY ABC-2 in Green Bay, WTAQ 97.5 and 1360 AM News Talk, as well as on Playbill.com, Milwaukee Broadwayworld.com, and Our Lives magazine in Madison.

ACLU of Wisconsin Issues Travel Advisory for State of Arizona

2010-06-30T23:32:00.000-07:00

The American Civil Liberties Union of Wisconsin alerts Wisconsin residents to potential threats to the constitutional rights and civil liberties of individuals planning to travel or stay in Arizona. This is especially important for those traveling during the holiday weekend.

Get your bust card:
The ACLU has prepared an informational card for the public entitled, “What to Do if You’re Stopped by Police, Immigration Agents or the FBI.” While the card provides information that applies throughout the United States in any encounter with law enforcement officials, individuals are particularly advised to download and read this card before traveling to Arizona. A copy is available here (en Español).

Key information that applies to all individuals considering travel through Arizona includes the following:

If you travel through the state of Arizona and encounter law enforcement officers, remember that all persons within the boundaries of the United States, regardless of immigration status, are protected by the U.S. Constitution.

Racial and ethnic profiling is illegal. An officer cannot stop you because of physical features or English ability. The officer must be able to articulate a reason for a “lawful stop or detention.”

If you are stopped for questioning:

Stay calm. Don’t run. Don’t argue, resist or obstruct the police, even if you are innocent or police are violating your rights. Keep your hands where police can see them. If you are driving a car, stop the car in a safe place as quickly as possible. Turn off the car, turn on the internal light, open the window part way and place your hands on the wheel.

Ask if you are free to leave. If the officer says yes, you have the right to calmly and silently walk away. If you are under arrest, you have a right to know why.

You have the right to remain silent and cannot be punished for refusing to answer questions. If you wish to remain silent, tell the officer out loud. However, under state law in Arizona and some other states, you must give your name if asked to identify yourself. If you are the driver of a vehicle, upon request, show police your driver’s license, registration, and proof of insurance. Both drivers and passengers have the right to remain silent. If you are a passenger, you can ask if you are free to leave. If the officer says yes, sit silently in the car or calmly leave. Even if the officer says no, you have the right to remain silent.

You do not have to consent to a search of yourself or your belongings, but police may “pat down” your clothing if they suspect a weapon. You should not physically resist, but you have the right to refuse consent for any further search. If you do consent, it can affect your rights later in court. If you are the driver of a vehicle and an officer or immigration agent asks to look inside your car, you can refuse to consent to the search. But if police believe your car contains evidence of a crime, your car can be searched without your consent.

If you are questioned about your immigration status:

You have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents or any other officials. You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country. (Separate rules apply at international borders and airports, and for individuals on certain nonimmigrant visas, including tourists and business travelers.)

If you are not a U.S. citizen and an immigration agent requests your immigration papers, you must show them if you have them with you. If you are over 18, carry your immigration documents with you at all times. If you do not have immigration papers, say you want to remain silent.

Do not lie about your citizenship status or provide fake documents.

If you feel your rights have been violated, write down everything you can remember, including officers’ badge and patrol car numbers, which agency the officers were from, and any other details. Get contact information for witnesses.

Residents of Hawai’i, New Mexico, and Washington should be aware that, because the driver’s licenses of their states do not require proof of legal residence for issuance, they may not satisfy Arizona criteria for identification under the new Arizona racial profiling law.

Wisconsin residents who are subjected to racial or ethnic profiling or other rights violations are encouraged to report these concerns to the ACLU of Wisconsin at (414) 272-4032 x 23.

More on the Arizona racial profiling law:
On April 23, 2010, Arizona enacted a state racial profiling law, SB 1070, that has generated fear and confusion among the public about the treatment and rights of Americans in the State of Arizona. Although the law is not scheduled to go into effect until July 29, 2010, and multiple lawsuits have already been filed to prevent it from taking effect at all, a history of rampant racial profiling by law enforcement officials in Maricopa County, Arizona (which includes the cities of Phoenix, Glendale, Mesa, and Scottsdale) and a stated policy of “attrition through enforcement” adopted by lawmakers in the state give credible reason to be concerned even before the date SB 1070 is supposed to go into effect.

The law will require police officers to demand papers proving U.S. citizenship or immigration status from any individual whom they stop, detain, or arrest, based on an undefined “reasonable suspicion” that the individual is in the country unlawfully. It invites discrimination against and pretextual stops and arrests of Latinos, other racial minorities, and individuals believed to look or sound “foreign,” based on their race, ethnicity, or national origin.

The law expressly provides that even suspected infractions of city or town ordinances – such as jaywalking, excessive noise, or having an overgrown or untidy lawn – can and should lead to immigration questioning. If individuals are unable to prove to the police officer that they are permitted to be in the United States, they may be subject to warrantless arrest without any probable cause that they have committed a crime.

Since 2007, the Maricopa County Sheriff’s Office (MCSO) has systematically engaged in selective enforcement of minor traffic laws to target Latino motorists for stops and investigation of their U.S. citizenship or immigration status. The U.S. Department of Justice has initiated an investigation into the practices of the MCSO, and there are at least two pending civil rights lawsuits challenging this activity in the federal courts.

The increased risk that individuals and motorists will be stopped, questioned, detained, and arrested because of their race, ethnicity, or national origin makes it imperative that individuals understand their rights when encountering law enforcement authorities in Arizona.

Wisconsin Supreme Court’s Decision on Marriage Amendment Referendum: ACLU of Wisconsin Responds

2010-06-30T15:16:00.000-07:00

Today, Christopher Ahmuty, the Executive Director of the American Civil Liberties Union of Wisconsin issued the following statement in response to the Wisconsin Supreme Court's decision affirming the lower court's ruling that the marriage amendment adopted by Wisconsin's voters in 2006 did not violate the separate amendment rule of the Wisconsin Constitution. This constitutional rule requires that voters must be able to vote separately on separate constitutional amendments.

Ahmuty said, "the Court wisely limited its analysis of the marriage amendment's two clauses, without trying to decide 'what legal statuses identical or substantially similar to marriage are prohibited by this [the second] clause…' The ACLU maintains that the marriage amendment's second clause only prohibits 'marriage by another name' which confers all the benefits, protections, and responsibilities of civil marriages. The Court's decision means the fight for recognition of same sex domestic relationships will continue to advance, a fight in which the ACLU will continue to participate vigorously.

"The ACLU of Wisconsin joined Lambda Legal Defense and Education Fund and Fair Wisconsin in filing an amicus brief in McConkey v. Van Hollen."

For more of our recent work on LGBT rights, visit the issues section of our website.

Mosinee and Gale-Ettrick-Trempealeau Schools Must Defend Student Speech

2010-06-18T14:46:00.000-07:00

Wisconsin students have the right to free speech, even when it causes offense. In the recent examples of students wearing controversial t-shirts, the ACLU of Wisconsin underscores the need for a greater understanding of student expression rights and clearer policies on discipline for disorderly conduct.

Wisconsin media are reporting on two recent controversies over student free speech and the confiscation of t-shirts by public school officials. In Mosinee, school officials confiscated “Stop Abuse” t-shirts designed to raise awareness of sexual assault. At the Gale-Ettrick-Trempealeau school in western Wisconsin, students could face discipline or even disorderly conduct charges after some wore t-shirts which depicted KKK figures playing in a band.

The ACLU of Wisconsin has pointed out in both controversies that while public school students’ right to expression is limited at school, high school students do not lose all their rights at the schoolyard gate. The landmark U.S. Supreme Court ruling in Tinker vs. Des Moines applies to these Wisconsin incidents. The Court ruled that officials may ban expression when it disrupts the educational environment. However fear of disruption or offending other students, staff or community members is not enough to justify censorship.

In media reports on both cases, Mosinee’s stop sexual assault t-shirts and G-E-T’s KKK band t-shirts were described by school officials as offensive. The ACLU understands that First Amendment protections include offensive speech. If it only protected speech everyone either liked or ignored, it would be irrelevant.

The G-E-T superintendent, according to one article, suggested that the school “…was a pretty hostile place to be if you were an African American student.” However, justifying censorship on those grounds requires some evidence. For instance, if the students who wore the controversial t-shirts had repeatedly confronted black students during the school year, then the school is right to respond to intimidation. However there is a difference between a single instance of expression and creating a hostile environment. This must be clear: students’ expression of their religious or political beliefs is constitutionally protected, while actions of harassment, violence, or intimidation are not protected speech.

The media has not reported all the facts and some school officials have not been entirely forthcoming (citing student privacy laws). G-E-T’s Superintendent Gunderson refused to show the t-shirts to one TV reporter. Based on media accounts, neither Mosinee nor G-E-T officials have provided evidence that the t-shirts caused disruption.

WEAU-TV 13 quotes one G-E-T student as saying that a fight broke out between some of the t-shirt wearing students and a few black students. It is unfortunate that the school is caught between protecting students’ privacy and expression rights. Students and school officials may have witnessed the controversial incident, but the community also has the right to know if students are being disciplined for their conduct or for their expression. The ACLU of Wisconsin is continuing its independent investigation.

In both controversies, school officials need to educate their students and respond to conflict. At G-E-T there is also apparently a need to work on race relations. The ACLU of Wisconsin has been developing programs to assist schools in such efforts. For more information from the ACLU of Wisconsin on youth rights, contact liberty@aclu-wi.org.

The ACLU of Wisconsin has approximately 9,000 members who support its efforts to defend the civil liberties and civil rights of all Wisconsin residents. For more on the work of the ACLU of Wisconsin, visit our webpage. Find us on Facebook and Twitter at ACLUMadison and ACLUofWisconsin.

ACLU of WI Supports the Proposed City Resolution on Immigration and Local Law Enforcement

2010-06-01T15:03:00.001-07:00

The ACLU of Wisconsin Madison Area Office sent a letter today to the members of the Madison Common Council urging them to support a resolution on the topic of local law enforcement, racial profiling and immigration. This is what we wrote:

"The ACLU of Wisconsin urges the City of Madison Common Council to vote in favor of a resolution affirming Madison’s current sensible approach to enforcement of flawed federal immigration laws and opposing discriminatory policing practices and proposals. Local law enforcement practices that involve racial profiling result in bad policing, overstep the authority of local governments, and ultimately make our communities less safe.

"This important resolution reaffirms existing Madison police policies which oppose racial profiling. In addition, the ACLU of Wisconsin also supports the call by the resolution sponsors for the Dane County Sheriff’s Department to end its current practice of reporting persons who are arrested – but not convicted of crimes - to the federal Immigration and Customs Enforcement agency (ICE).

"Around the country, the ACLU has actively challenged racial profiling. The most recent, extreme example of such a biased law – against which the ACLU has filed suit - is the recently-passed Arizona legislation allowing police officers to demand citizenship papers based on a so-called “reasonable suspicion” that a person is undocumented. This law clearly violates the Equal Protection clause of the U.S. constitution: it is inevitable that “reasonable suspicion” will disproportionately impact persons of color and non-native English speakers, U.S. citizens, lawful residents and suspected undocumented persons alike. By interfering with the federal government’s sole authority to regulate immigration, the Arizona law also violates the U.S. Constitution’s Supremacy Clause.

"Good community-based policing is essential for effective law enforcement to protect public safety. Local police rely on community residents to provide the information they need to fight crime. Immigration enforcement and racial profiling by local police undermine community policing efforts and add to the loss of trust by large sectors of the community it is obligated to serve and protect. In communities where people are afraid to talk to local police, more crimes go unreported, fewer witnesses come forth, and people are less likely to report suspicious activity.

The ACLU of Wisconsin therefore urges the Madison Common Council to protect everyone in the community and pass resolution 18594."

Read more about the issue in this article from the Capitol Times. The Madison common council will vote on the resolution tonight (Tuesday, June 1) at 6:30 p.m. in room 201 of the City-County building.

Take Action: Dane County Board to Vote on Racial Disparity Action Team

2010-05-19T09:19:00.000-07:00

It’s no secret that Wisconsin has a real problem with the arrest and incarceration of a disproportionate number of people of color. Wisconsin is often cited as being among the top states with disproportionate minority incarceration, even when compared to neighboring states like Minnesota and Illinois. The capitol city and Dane County are no exception.

When Governor Doyle created a statewide task force to research and address the problem back in May of 2008, the group’s work culminated in a report issued by the Office of Justice Assistance on racial disparities in the criminal justice system. Dane County’s Office of Equal Opportunity created a task force of their own and issued their own report about the problem on the local level.

We often hear stories from people who contact the ACLU because they feel they were subject to racial profiling, police abuse or discriminatory treatment by the criminal justice system. And each person’s story stays with us while we try to navigate a sometimes frustrating system of task forces and reports. But systemic change happens one task force meeting and one page of a report at a time. And Dane County is poised to take one step forward in taking real action on the problem of disproportionate minority incarceration.

On Thursday, May 20, the county board will consider a resolution accepting the Dane County Task Force on Racial Disparities in the Criminal Justice System and create a Recommendation Implementation Team. The meeting begins at 7:00 p.m. in room 201 of the City-County building in Madison. Dane County residents are welcome to attend and register in support of Resolution 235, 09-10 on this issue.

This is an important step in the work of local leaders to do something about the many systemic problems that result in the disproportionate minority incarceration rate in Dane County. An implementation team with teeth is needed to improve police practices, allow for common sense prosecution and sentencing alternatives (especially for juvenile offenders), improve the complaint resolution process, and set up reentry programs to stop the revolving door for people who could reoffend.

A copy of Thursday night’s meeting agenda can be found online (PDF). More information on the Dane County Office of Equal Opportunity Task Force, their research and final report with recommendations for action can also be found on their website.

If you live in Dane County, please contact your county board supervisor in support of Resolution 235, 09-10 on creating a county implementation team on racial disparities in the criminal justice system. You can find your board supervisor’s contact information on the board’s website.

Take Action: Support the ACLU's Lawsuit Against the Arizona Racial Profiling Law

2010-05-17T13:21:00.000-07:00

A lot of people are outraged about Arizona's new racial profiling, "show me your papers" law. And today, the American Civil Liberties Union is taking action.

Just a few hours ago, the national ACLU went to federal court to block this discriminatory law from taking effect.

You can add your name to our list of supporters today. To help you show your public support for reversing this law, we'll send you a free "What Happens in Arizona, STOPS In Arizona" bumper sticker.

Racial profiling is a deeply-offensive affront to the American values of justice and fairness. And using race to demand that people produce "papers" to prove who they are is a police-state tactic that is completely unacceptable in America. If we don't stop this law now, similar ones could spread across the nation. Already, state lawmakers in at least 10 other states have promised to bring similar bills to their legislatures.

We need to first stop this law in Arizona and then continue to work to prevent such bills from ever passing in Wisconsin.

That's why the national ACLU is taking Arizona to court, along with our partners the Mexican-American Legal Defense and Educational Fund, the National Immigration Law Center, and a number of other civil rights groups.

Under the new law, Arizona police will be required to ask people they stop for their citizenship papers based on "reasonable suspicion" that they are in the country unlawfully. And by leaving "reasonable suspicion" undefined, the law leaves police officers little choice but to act on appearance and language, inviting a new wave of rampant racial profiling. Find out more about the facts on the new Arizona law on-line.

Today, our lawyers took the first legal step to stop this law. You can read a copy of our complaint on-line. And we'll be organizing on the ground in Arizona, training volunteer lawyers to help people defend themselves against racial profiling. We won't stand by while this law transforms Arizona into a place where anyone can be forced to "show papers" when they are stopped by police just because of how they look or talk or dress.

Racial profiling is unconstitutional, unacceptable and un-American. But, we'll only stop extremism and injustice by acting together to end them.

We need you on board. Can we count you in?

For justice,
Anthony D. Romero
Executive Director
ACLU

Remember - we can't do it without your help!
Don't forget to support the ACLU in our work to fight racial profiling in Arizona, in Wisconsin and across the country.

ACLU Legal Observers: Witnessing History

2010-05-11T13:58:00.001-07:00

On May 1st, 2010, supporters of the rights of immigrants and workers took to the streets in cities across the United States in support of comprehensive immigration reform and repealing Arizona's new racial profiling law. At the large marches in Milwaukee and Madison, ACLU volunteers were wearing bright yellow t-shirts that said "Legal Observer" or "Observador Legal" and handed out information on the rights of protesters.

ACLU of Wisconsin Foundation's legal observers are volunteers who are witnesses of First Amendment rights at protests. After training new legal observers on the rights of demonstrators and how to be effective and efficient witnesses, volunteers go out into the field to monitor protests from start to finish.

In Milwaukee on May Day, march organizers said that over 35,000 people took part in the massive protest. With a large team of volunteer legal observers, the ACLU of Wisconsin Foundation was able to distribute around 10,000 "Know Your Rights with Law Enforcement" brochures with information for participants about their right to protest and how to deal with police encounters.

Observers did not witness any civil liberties violations, but at one point a fire raged in a dumpster near the starting point of the march. Legal observers helped organizers steer the crowd to safety while Milwaukee District 2 Officer Robert Velez acted bravely and quickly to move the flaming dumpster away from the building to prevent a larger fire from spreading.

In Madison, legal observers marched with the May Day crowd from Brittingham Park to the Capitol. Madison Police did an excellent job rerouting traffic down W. Washington and the crowd was orderly as it marched past downtown businesses, houses with Mifflin Street revelers, and into the Farmers Market on the square. No arrests were reported.

In order to document potential violations of constitutionally protected free speech, each legal observer carries their trusty notepads, cameras, cell phones or video cameras. By remaining politically neutral during these events, we guarantee the rights of ALL to assemble and express themselves – regardless of their opinions. From hometown meetings to Tea Party rallies, immigration protests, tuition protests and sit-ins over workplace bias, the ACLU of Wisconsin Foundation volunteers are watching, educating and advocating.

Worried you're not qualified? Legal observers in Wisconsin are of all faiths, ages and races and have volunteered on foot, bicycle, car and wheelchair. Previous experience? Students, teachers, parents, children, artists, mechanics, lawyers, laborers, musicians, waitresses, businesspeople and retirees are all welcome. So if you have a desire to protect our freedoms and see history being made as you go, contact us.

On Mother's Day, Do Mom a Favor - Take Action to Ratify CEDAW for Women's Equality Worldwide

2010-05-09T04:56:00.000-07:00

Happy Mother's Day from the ACLU of Wisconsin! Today, you can do your mom and women around the world a favor....

CEDAW - The Convention on the Elimination of All Forms of Discrimination Against Women is the international treaty dedicated to gender equality. The U.S. played a major role in drafting the treaty and President Carter signed it in 1980, but we are one of only seven countries that has not ratified CEDAW.

Let's make 2010 the year we of ratification. For the first time, there is a strategic, well-resourced coalition leading the effort, and we have strong support within the current administration and the US Senate. But getting 67 Senators to vote yes to ratification wont be easy and well need your help over the next 5-7 months.

Young people from Milwaukee created this video to help spread the word.

Please do your part to help:
Go to the ACLU's action page on CEDAW to contact your Senators and urge them to ratify this treaty in 2010. You can also upload a video response to the ACLU of Wisconsin's video to support CEDAW - forward it to your friends and keep the word going.

Visit the ACLU's national page on CEDAW for more information. Or check out womenstreaty.org or ratifycedaw.org for updates on this movement.