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Voice
October 15, 2010
In This Issue
2010 Bill of Rights Luncheon
ACLU of Georgia Issues Letter to Board of Regents
In for a Penny: The Rise of America's New Debtors' Prisons
ACLU of Georgia Raises Rights' Awareness at the Festival of India
TSA Clearance a cloudy process


2010 Bill of Rights Luncheon

 

 

On October 1, 2010, the ACLU of Georgia hosted the annual Bill of Rights Luncheon at the W Atlanta Midtown.  The ACLU of Georgia staff and board were delighted to recognize individuals dedicated to defending the civil liberties.

 

Neil Bradley was recognized with the George and Bee Rich Wolf Award for his nearly 40 years of work for the ACLU.  Lisa Skinner was recognized for her work as a student civil libertarian.  Jannelle Yamarick and Nancy N. Boothe received the Georgia Civil Liberties award for their work as advocates for women's rights.  Jefferey A. Willard was recognized for his tireless social activism with the Owen Winters Volunteer Award.

 

The highlight of the event was Bryan Stevenson's inspirational acceptance speech for the National Civil Liberties Award.  Bryan Stevenson was recognized for his work as the Director of the Equal Justice Initiative.  His speech encouraged all in attendance to stay steadfast in their pursuit of justice and continue their work to protect of our freedoms.

 

The ACLU of Georgia is anticipating another year of successful activism and will continue to recognize those that have dedicated their time and efforts to protecting our nation's constitutional freedoms. 

 

    

School to Prison Pipeline Forums  

 

 

 

The  American Civil Liberties Union calls the "School To Prison Pipeline" (STPP) one of the most important civil rights challenges facing our nation today. The term refers to a national trend of criminalizing, rather than educating, the nation's children.  It is a result of zero-tolerance policies, school-based arrests, disciplinary alternative schools and secured detention to marginalize disadvantaged youth and deny them access to a quality education.

 

In an effort to raise public awareness and map out prevention strategies, the ACLU of Georgia is teaming up with several other non-profit organizations to hold a series of five regional community symposiums. The overall objective, organizers say, is to bring together students, parents, community groups, elected representatives and faith-based organizations. All  of the information compiled will be included in a statewide action plan that will highlight community-based solutions as well as proven local and national strategies for change. ACLU of Georgia Legal Director Chara Jackson spoke to JJIE's Chandra Thomas about the focus of the forums being held next month across the state - from Atlanta to Valdosta.

 

Is the STPP a juvenile justice issue?

What we're talking about is that instead of getting a quality education, kids are getting arrested for bringing a Tweety Bird keychain to school. Is that really a weapon? There are incidents where a kid mistakenly brings a butter knife to school, turns it into the principal and still gets in trouble for possessing a weapon. There's been an explosion of such incidents in schools. They are getting arrested and put into the juvenile justice system. These children do not belong in jail. Nowadays kids can be arrested for doing things at school that they would not be arrested for if they had done it on the sidewalk. It is routine now for kids to be expelled or arrested for things that I know when I was a kid you ended up having to sit down and having a talk with the principal about.

 

In your own words, what exactly is the STPP?

It's a phenomenon people began to notice happening about a decade ago. It's essentially things that move children out of the school system and into the criminal justice system. Some people  call it school push out. This is being carried out through zero tolerance policies. Now there are school-based arrest for things that used to land you in the principal's office. It also includes the growth of alternative schools. In the last five to six years there's been a lot of growth in the number of kids being sent to alternative schools for disciplinary actions. Many of the students (sent to alternative schools) get caught up on that track and don't get a quality education.

 

What's wrong with transferring children with behavioral problems to an alternative school? What should happen to disruptive students instead?

Research has shown that [moving kids to] a different environment does not necessarily correct those problems. We think it is possible to address the disciplinary problems at regular schools or other intervention methods that do not sacrifice their education. The school-to-prison pipeline also includes high stakes testing such as what is required by No Child Left Behind. These are policies where educational success is determined solely on testing. It also puts schools in the position of having to move children who don't test well out of the school rather than to help them out. We also know that that the school-to-prison Pipeline disproportionately affects minority and learning disabled students.

 

What is the ACLU of Georgia doing to address these concerns?

Five years ago we issued a report on best practices in regards to the school-to-prison pipeline. We helped create 15 parent-led groups who said "this is a problem and we'd like to find common solutions." They meet every other month to discuss changes and make suggestions to the school board.  We try to teach parents how to navigate the school handbook. It's really about a sense of school engagement.

 

What will these regional symposiums taking place next month entail?

We've joined with several other sponsors to put these on. We'll have panel discussions, presentations by parents and elected officials and an "ask the attorney" panel. We've also invited local community vendors and resource providers, like leadership and advocacy programs to set up tables. We want the community to have an opportunity to see what the various organizations have to offer. We're also trying to cover "100 Stories In 100 Days," a story collection project. We're asking people to share what has happened to them good or bad (in the educational system). We want to hear about what's working, what's not working and where do we go from here.

 

What's does your organization hope will happen after the symposiums?

We want policy changes, including on the local level and with school boards. We also feel that there are many ways for parents to be active and involved. It's also a way to bring about community change. We want to provide information for parents on how to better navigate the system. These forums will be community centered. We're going to have representatives from the sponsoring organizations and elected officials have been invited to all of them. We'll have attorneys from the community. We're not the experts, we need input from everyone to create a plan that works. On a national level the ACLU is addressing the pipeline 52 different ways - we have 52 different affiliates and each one is taking a different approach. Ours (in Georgia) is focused more on community organizing, public education, legislative advocacy and impact litigation.

 

How will the information exchanged at the symposiums be used for community benefit?

We want parents to know that this is something that is happening and that there are resources available to help them. A lot of parents think this is only happening to their child. We want people to know that they can address the situation. There's something they can do about. We're going to compile all of the information we learn into a statewide plan. We want everyone who participates in the symposium to get a copy of the statewide plan. We will have a distribution plan for that and make it available on our website. We want to ensure that it is very accessible to everyone.

 

The Dismantling the School To Prison Pipeline Symposium Series is as follows:

 

October 16 - Savannah (Congressional Districts - 1, 12)

October 23rd - Macon (Congressional Districts - 2, 8, 12)

October 30th - Valdosta (Congressional Districts - 1, 2,

November 6th - Dalton (Congressional Districts - 9, 10, 11

 

Venue details will be provided upon registration.

ACLU of Georgia, Joined by 30 Organizations and Churches, Issues Letter to Board of Regents Calling for Rejection of Proposal Limiting Educational Access for Undocumented Students

   


The ACLU of Georgia, joined by 30 Georgia-based organizations and churches, issued a letter to the Board of Regents today, calling for rejection of a proposal that will limit educational access for undocumented students. The proposal was heard by the Board of Regents at their meeting on Wednesday, October 13th, at 9 a.m. A press conference was held at 8:30 a.m. on Wednesday at 270 Washington Street, S.W. Speakers included Georgia DREAMERS, Georgia Students for Public Higher Education, and Senator Nan Orrock.

The Committee on Special Residency Verification which was assembled earlier this year by the Board of Regents has recommended that five Georgia colleges and universities, the University of Georgia, Georgia Tech, Georgia State University, Medical College of Georgia, and Georgia College & State University-ban enrollment to undocumented students. In addition, the Committee has recommended that all Georgia colleges attempt to verify the status of every admitted student seeking in-state tuition through relying on federal databases such as the Systematic Alien Verification for Entitlements (SAVE) program.

"We urge the Board of Regents to continue to allow undocumented students to receive postsecondary education at institutions of their choosing, an action that is in complete compliance with federal law," said Azadeh Shahshahani, National Security/Immigrants' Rights Project Director at the ACLU of Georgia. "Providing students who graduate from high schools in the State with a college education furthers principles of fundamental fairness," continued Shahshahani.

The letter also urges the Board of Regents to not require university officials to employ any additional methods to check the status of students beyond what is currently utilized. "Federal databases that could be used for verification per the Committee's proposal are deeply flawed. Use of these error-filled databases in the university setting could lead to problems for legally authorized students, who could be forced to take on the burden of persuading multiple administrative bureaucracies to fix their records if they want to remain enrolled as in-state students. In addition, the databases lead to discrimination and have a disproportionate impact on those who are perceived to be foreign," said Shahshahani.


View the letter to the Board of Regents

In for a Penny: The Rise of America's New Debtors' Prisons.


The National Prison Project and the Racial Justice Program released the report In for a Penny: The Rise of America's New Debtors' Prisons.  This report presents the results of a yearlong investigation into modern-day "debtors' prisons" in Georgia, Louisiana, Ohio, Michigan and Washington, and shows that poor defendants in these states are being jailed at increasingly alarming rates for failing to pay legal debts they can never hope to afford. The report documents the realities of today's debtors' prisons with a focus on the experiences of impacted individuals, and provides state and local governments, and courts with a more sensible path.  The entire report can be found here, the executive summary can be found here.
 
We're hoping that when you read the report, you will want to share information about it with your community as well.  To help you with that we have a blog post, Facebook feed  and a Twitter feed.  The report has been covered in Newsweek and USA Today, with additional television and radio coverage in the five states featured in the report as well as in other parts of the country.

ACLU of Georgia Raises Rights' Awareness at the Festival of India


On August 14, 2010, Shivana Jorawar, a former law clerk with the ACLU of Georgia National Security/Immigrants' Rights Project,  conducted outreach for the ACLU of Georgia at the 14th annual Festival of India, held in celebration of India's 63rd Independence Day. The festival was organized by the India American Cultural Association (IACA) and took place at the Gwinnett Center.  Wearing ACLU T-Shirts, Shivana and two volunteers reached an estimated 200 people by handing out Know Your Rights brochures and talking to festival attendees about what they should do if they are approached by law enforcement officials. Brochures in the Hindi language were disseminated, making the information easy to access for non-English speakers. Attendees were of all ages.

 

Especially in this post-9/11 climate, when the South Asian community is being negatively affected by racial profiling, it is important for community members to have resources regarding their rights.

 

If you are interested in having a "Know Your Rights" presentation conducted at your place of worship or community center, please contact us at: info@acluga.org

TSA Clearance a cloudy process

AJC opinion
Azadeh Shahshahani

July 29, 2010

 

I first met Adnan Tikvesa back in December when I spoke at a symposium on human rights and Islam at the Al-Farooq mosque in Atlanta.


The focus of my talk was the fundamental rights and liberties enshrined in the U.S. Constitution, including every person's right to due process of law.

 

I was on my way out when I saw a young man, looking apprehensive, approach me and ask that I take a look at the document in his hand. It was a letter he had received from the Transportation Security Administration.

 

Adnan is a 25-year-old resident of Atlanta and an American citizen since 2003. He first arrived in America in 1994 as a 9-year-old refugee fleeing the ethnic cleansing of Muslims in Mostar, a city in the former Yugoslavia.

 

Adnan has worked for Delta since October 2004. He was granted clearance in November 2004 for access to the secured areas of Hartsfield-Jackson International Airport. His security clearance was renewed in 2006 and again in 2008.

 

Adnan is part of a family that is proud to work for various employers in the Atlanta airport: his father works for Delta and his mother works for Delta Global Services; they both hold the security clearance. His sister works for the airport customer service.

 

Adnan has never been convicted of, or even charged with, any crime. He is well-respected by his co-workers and supervisors for the quality of his work.

 

So why was it that on Nov. 12, 2009, TSA suddenly decided to suspend Adnan's security clearance without telling him why? To this day, no one knows.

 

"I asked, but why, what have I done? But they just handed me the letter and said I can appeal if I so choose. I said but what can I appeal when I don't know what I have done?" He received no responses to this plea. His badge was also confiscated.

 

Adnan felt humiliated by this treatment, especially in front of his co-workers. He was also confused about what exactly was happening and why.

 

Adnan wrote to TSA a few days later to say that he was unaware of any reason for the suspension of his security clearance and to request any information as to why this decision was made.

 

In January, TSA issued a grossly inadequate response to Adnan's letter.

 

None of the documents produced provided any notice of the reasons underlying TSA's decision to revoke his security clearance. The 10 pages of documents that were provided were also heavily redacted.

 

As a result, TSA once again failed to provide notice or a meaningful opportunity for Adnan to correct any misinformation or to contest the basis for TSA's decision to revoke his security clearance.

 

TSA's action had a profound impact on Adnan's ability to earn his livelihood, as Delta placed him on immediate suspension without pay from his job as a baggage service worker.

 

None of this was easy on Adnan, who was used to living a busy life. It was not easy to have his parents and sister go to work every day and be faced with questions about when Adnan was coming back to work. Even more taxing for the family was facing the questions that were not asked: What was it exactly that Adnan had done?

 

For Adnan, the fight to gain his security clearance back became more than a battle to re-earn his job. It became a pursuit to redeem his name. In his words: "I'd just like to let everyone know that I'm innocent."

 

In March, the ACLU appealed TSA's decision to suspend Adnan's security clearance and called on the agency to tell Adnan the reasons for the decision and give him a real opportunity to respond.

 

In May, TSA notified Adnan that it had reversed its decision. But TSA still did not provide any explanation why it had decided to revoke Adnan's security clearance in the first place.

 

TSA's reversal is indeed good news for Adnan. But the fundamental problems with TSA's process of suspending security clearances have not gone away.

 

Since the letter from TSA gives no reason for the agency's initial decision to revoke Adnan's security clearance or for the reversal of this decision, Adnan remains confounded as to why TSA suspended the security clearance.

 

There is also no indication of any meaningful safeguards in place to keep TSA from doing this again to Adnan or other workers.

 

After eight months in limbo, Adnan returned to work last week. His co-workers greeted him enthusiastically and even threw him a welcome back party.

 

But the injustice faced by Adnan has not been erased. For a Muslim-American Delta worker and a refugee from systematic injustices abroad, due process of law, a fundamental tenet of the American justice system, was denied.

 

So long as TSA refuses to restore due process to this system, chances are that he will not be the last.

 

Azadeh Shahshahani is National Security/Immigrants' Rights Project Director at the American Civil Liberties Union of Georgia.



Join the ACLU of Georgia for a briefing session on Reproductive Justice

Wednesday, October 27th, 12:30,

at University of Georgia, Hirsch Hall, Room B.



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The purpose of this association shall be to advance the cause of civil liberties in Georgia, with emphasis on the rights of free speech, free press, free assembly, freedom of religion, due process of law and to take all legitimate action in the furtherance of such purposes
without political partisanship.

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