ACLU of Georgia Logo
Voice
July 12, 2013
In This Issue
Congrats! Striking Down DOMA
ACLU Asks Sheriffs for policies on Religious Headware
ACLU Statement on Georgia Prisoner Warren Hill's Scheduled Execution
ACLU of Georgia Releases Fact Sheets on SB 160
The GAWL Girl Scout Project
Reform bill could affect Ga. undocumented-student ban
Intern's Eye View: Meeting the ACLU at the ACS Conference in Washington
SNaPCo Event
Kayla Williams, ACLU of Georgia Law Clerk
The National Security/Immigrants' Rights Project is celebrating its fifth anniversary
Privacy vs. Security ...
National Day of Action to Defend Abortion Rights, Atlanta
CONGRATS!
 Edie and DOMA
  
Striking down DOMA means the federal government will have to stop treating married same-sex couples as legal strangers. There are more than 1,000 different contexts under federal law where being married makes a difference. Now many thousands of married same-sex couples will now get all of those federal protections for their spouses and their families. That is cause to celebrate!

DOMA Victory Celebration at PiedmontDOMA Day celebrationDOMA Day Celebration 1
  

ACLU asks sheriffs for policies

on religious head wear

By Rhonda Cook - The Atlanta Journal-Constitution

 

 

Georgia sheriffs who force jail inmates to remove religious headgear could be violating a law that protects detainees' religious freedom, the ACLU warned.

 

Jailers in at least three counties - DeKalb, Douglas and Lumpkin - have required incoming inmates to take off head coverings, even though they argued their faiths demanded otherwise.

 

"This could be happening elsewhere, and we are not hearing about it," Azadeh Shahshahani, director of the ACLU's National Security/Immigrants' Rights Project, said Thursday. "We want to make sure this issue is addressed in a statewide manner."

 

The ACLU sent letters to each of Georgia's 159 sheriffs on Tuesday, pointing out that the Religious Land Use and Institutionalized Persons Act of 2000 said governments must have a "compelling" reason to force the removal of scarfs and other head coverings that are worn for religious reasons.

 

"The government cannot merely assert conclusory statements about a security concern, but must demonstrate that the regulation is actually the least restrictive means of fulfilling a compelling governmental interest," Shahshahani wrote.

 

In April 2012, a Muslim woman was forced to remove her head scarf for the hours she was in the DeKalb County Jail.

 

That also happened to Muslim man when he was booked into the Lumpkin County Jail in June 2011 and to another Muslim woman locked up in the Douglas County Jail in January 2009.

 

Shahshahani noted that the protection applies to several other faiths and not just Islam.

 

DeKalb Sheriff Thomas Brown said the woman was required to remove her head scarf because of concerns she could have a weapon or contraband in her scarf. The agency has since revised its policies that satisfy the ACLU's concerns.

 

"We got it worked out fairly quickly," Brown said of the ACLU's complaint.

 

A federal appeals court for Alaska, Hawaii and seven other western states said forcing removal of a hijab, head scarf, or a yarmulke could be "a deeply humiliating and defiling experience" so there must be an articulable reason for taking it, Shahshahani said.

 

Douglas County Chief Deputy Stan Copeland said a head covering was taken away from a woman detained at the jail because she was "threatening staff and was unruly and was classified to a high-security status.

 

"That's the reason her headgear was taken. Under normal operations, we do allow religious head wear," Copeland said.

 

Bill Hallsworth, jail services coordinator for the Georgia Sheriffs' Association, said jailers may force incoming inmates to surrender head coverings if "they are concerned about a weapon coming in or they are concerned about contraband coming in."

 

The ACLU is asking each sheriff to disclose instances when an inmate was required to remove headgear and the department's policies regarding inmates' religious attire.

"Individuals of faith should be allowed to wear headgear of their choosing," Shahshahani said.

 

 To view a copy of the letter click here.

ACLU Statement on Georgia Prisoner Warren Hill's Scheduled Execution
American Civil Liberties Union Executive Director Anthony D. Romero today released the following statement, urging that Warren Hill's scheduled execution be stayed:

"In less than a week, the state of Georgia plans to execute Warren Hill, whom experts for the state and the defense have unanimously found to be intellectually disabled. Killing Mr. Hill would be both unconstitutional and unconscionable.

"All experts who have evaluated Warren Hill agree that he fits the diagnostic classification of intellectually disabled, formerly called mentally retarded. It has been more than a decade since the Supreme Court ruled in Atkins v. Virginia that executing intellectually disabled prisoners violates the 8th Amendment's ban on cruel and unusual punishment. The court noted that their disability 'places them at special risk of wrongful execution.'

"This case is highly unusual in that no state expert disputes that Mr. Hill falls within the definition of intellectual disability. It is thus a constitutional and moral imperative that Mr. Hill's execution be stayed, certainly until the Supreme Court and 11th Circuit can consider the petitions currently before them and issue decisions on the merits.

"The ACLU believes the death penalty inherently violates the constitutional ban against cruel and unusual punishment and the guarantees of due process of law and of equal protection under the law. Executing this indisputably intellectually disabled man would not only violate our Constitution, but it would be cruel and unjust beyond reason."

  

Join the Press Conference and March

for Warren Hill

 on Monday, July 15th

   
Amnesty will be partnering with GFADP, the Open Door Community, and others for a press conference and march to the Capitol.

  

Press Conference @ 4:30
Troy Davis Park - 91 Peachtree St NE, Atlanta, GA 30303
Marching to the capitol afterwards


 ACLU of Georgia Releases Fact Sheets on SB 160 

SB 160, a bill passed by the legislature and signed into law by Governor Nathan Deal, goes into effect today. Although the primary purpose of this bill was to fix problems created by Georgia's anti-immigrant law, HB 87, the new bill added some new provisions that we at the ACLU of Georgia fear will harm our state's immigrant communities and their families.

 

These provisions include the addition of new items to Georgia's list of public benefits subject to verification of citizenship and immigration status, as well as limits to the use of foreign passports as acceptable identification in Georgia. These changes to Georgia law make a bad situation worse.

 

What lawmakers have done is create a confusing, difficult system for immigrants and non-immigrants alike to navigate as they interact with public agencies. There are many important exceptions to the requirements. ACLU of Georgia will be carefully monitoring implementation of SB 160 to ensure that residents are not discriminated against or denied services for which they are eligible.

 

In order to help our Georgia communities understand the current landscape, ACLU of Georgia has prepared two public education documents, which can be accessed on the ACLU of Georgia website. The documents are Fact Sheet: Immigrants, Public Benefits, and Identification in Georgia and How SB 160 May Affect You.

The GAWL Girl Scout Project
Julia Goode
Law Clerk
  

On Monday, June 10th, four volunteers from the ACLU of Georgia attended the GAWL Girl Scout Project at The State Bar of Georgia. Attendees included Jakeema Bascoe, Lauren Kuzmack, Katherine Chew, and Julia Goode. There were twenty-seven Girl Scouts ranging from middle school to high school-aged girls. The program began with Katie Acree of Carlton Fields welcoming everyone. The ACLU volunteers then gave the Girl Scouts a presentation on "Being Responsible With Social Media." The girls were very interested and asked and answered lots of questions. Next, the ACLU volunteers served on a panel to discuss our education and career goals with the girls. The girls wanted to know what are appropriate pre-law majors in undergrad, what activities will help them get into a good college, how we were able to pass the bar exam, etc. Then, in the afternoon the ACLU volunteers served as coaches for the mock trial portion of the event. The girls were quite animated and really got into their roles! A great time was had by all and they even thanked us for coming with some Girl Scout cookies!

Reform bill could affect Ga. undocumented-student ban     
  
A ban passed by the Board of Regents in October 2010 currently prohibits undocumented students in Georgia from attending the state's most selective research universities.
  

For undocumented students, graduating high school can be cause for anxiety, rather than celebration. Without a Social Security number, finding work and gaining college admission are both high hurdles to clear.

 

For undocumented students in Georgia, options are even more scarce, as a ban passed by the Board of Regents in October 2010 prohibits their admission to the most selective research universities, including University of Georgia, Georgia Tech, Georgia State University, Medical College of Georgia and Georgia College & State University.

But the sweeping immigration reform bill passed by the U.S. Senate Thursday could change that.

 

Among other things, the bill, now moving to the House of Representatives, would create a 13-year legal pathway to apply for U.S. citizenship for the 11 million unauthorized immigrants who are already here.

 

State Rep. and Chair of the Higher Education Committee Carl Rogers (R-District 29) says that if the bill passes, it could put pressure on the Board of Regents to repeal the ban.

 

If a "federal law is passed, yes, it will have an impact on all colleges and universities," says Rogers.

 

Another state representative, Pedro Marin (D-District 96), agreed the "ban on the students will have to be (lifted). It won't have any purpose." That could be years down the road after the bill's adoption, though.

 

Azadeh Shahshahani, director of the American Civil Liberties Union (ACLU) of Georgia's National Security/Immigrant Rights' Project, says the bill's passage would be positive because eventually "students are going to be able to attend Georgia colleges and universities," including the selective ones.

 

Since 13 years might be a long time to wait, Shahshahani points to Deferred Action for Childhood Arrivals (DACA), passed by the Obama administration last summer, for a more immediate solution.

 

DACA offers applicants, who were brought illegally to the U.S. by their parents years ago, temporary relief from deportation, in the form of two years of recognized lawful presence so they can continue their education. DACA has opened doors for some students, but it's not without problems. For example, deferred action can deny any applicant within qualifications, some may be terminated at any time without justification, and others may be deported simply for applying.

 

In February, Shahshahani wrote a letter to University System of Georgia's Chancellor Hank Huckaby, urging him to allow students with DACA clearance to attend the banned institutions.

 

A final answer has not been made clear yet.

 

Rolando Zenteno Ramirez, a student at Armstrong Atlantic State University in Savannah, Ga., says that the Board of Regents sent out an e-mail to the whole university system saying not to allow undocumented students into the top five, though deferred action grants them legal presence.

 

Ramirez was recently arrested with two other students while protesting at a Board of Regents meeting.

 

Last year, the Georgia Senate proposed a bill, SB 458, which would have expanded the ban to all public universities colleges, and technical schools, a policy resembling those in South Carolina and Alabama.

The bill didn't pass "due to the great mobilization of students, speakers and community members from across the state" who rallied against it, says Shahshahani.

 

Several organizations such as Georgia Undocumented Youth Alliance and other student groups have stood with these students in trying to have the ban lifted.

 

One group of professors banded together to form Freedom University, which provides college-level courses to all academically qualified students, regardless of immigration status.

 

A student of Freedom University, Martín López-Galicia, says he had discounted the idea of going back to school before attending classes there. He was recently accepted to Syracuse University after being encouraged by his professor.

 

"I never had a dream school," López-Galicia says.

 

In regards to the pending bill, López-Galicia is pessimistic for several reasons. He argues the number of unauthorized immigrants who could apply for citizenship would be significantly less than 11 million due to the restrictions it outlines. He points toward simpler solutions such as granting the right to obtain a driver's license. Plus, he says, 13 years is a long time.

 

"Why have to wait?" he says.

 

Both students agree the comprehensive reform would not likely be as life-changing as being able to pay in-state tuition, which Georgia prohibits.

 

While Marin concurs the number affected would be less than 11 million, he believes the reform bill is "going to [fix] immigration for generations to come."

Intern's Eye View: Meeting the ACLU at the ACS Conference in Washington 

Margaret Farmer
Law Clerk

 

The weekend of June 14th I was fortunate enough to be attending the American Constitution Society for Law and Policy National Convention in Washington D.C. The conference was enlightening and incredible. Senator Elizabeth Warren was keynote speaker at the gala dinner and wowed us with her enthusiasm and statistics, focusing on the level of pro-corporate representation in the federal judiciary, with over 75% of Senate appointed federal judges coming in from corporate law backgrounds. 

 

I sat down for lunch, and I became a bit nervous as I recognized the man next to me as Burt Neuborne from the earlier First Amendment panel. He asked how I became involved with ACS and I told him that my work with the FSU ACLU board had led me to co-host events with them. He said, "oh, you're on the FSU ACLU board? That's great! I am former national legal director of the ACLU and here next to me is the current legal director!" And sure enough sitting down next to him was Steven R. Shapiro who had spoken on the morning's opening panel on voting equality. Well, now I was really nervous. Luckily sitting next to me on the other side was my friend Florida ACLU staff attorney Julie Ebenstein, in case the legal discussion at the table got to intense and all I could do was nod. 1L year did not prepare me for this. The Honorable John Paul Stevens came up to speak and he was very impressive. He mentioned the Slaughterhouse cases...this was starting to feel like another Constitutional Law final where my mind was blanking.  I remembered and laughed at the right times at Justice Steven's jokes (I think.) I was happy it was starting to feel like an ACLU conference at my table, and was so pleased to see how much people from the two organizations were working together. I asked Mr. Neuborne about his time as legal director of the ACLU and he said it was probably the most exciting and greatest time of his life. That was really nice to hear.

 

I had met an ACLU intern from the Southern California office at lunch the day before, and we had agreed that interning for the ACLU at our respective offices was probably the most exciting, enjoyable, and rewarding work that we've ever done. Oh look, and here comes another man sitting down at my table with the ACLU on his name tag...

  
SNaPCo Coalition Event
SNaP Coalition Meeting 

The ACLU of Georgia joined a large group of progressive leaders and advocates at the American Friends Service Committee Building in downtown Atlanta on July 1st to discuss a humane alternative to the Atlanta City Council's proposed banishment ordinance, which would forcibly expel sex workers from the City of Atlanta.  The event was sponsored by Solutions Not Punishment (SNNaPCo), which was formed in response to the prostitution banishment ordinance proposed earlier this year.  Realizing the ineffectiveness and ineptness of this move, concerned individuals came out in numbers, prompting the City to create a Working Group on Prostitution ("WGOP") instead.  The WGOP is made up of individuals appointed by the city, and SNaPCo is working with WGOP to develop an alternative proposal that will offer more treatment options instead of purely punitive measures.  SNaPCo is now made up of over 50 individuals representing over a dozen organizations working in the Atlanta area.

 

SNaPCo gathered the community together to present their own alternative proposal for dealing with street-level prostitution in Atlanta. The community advocates modeled their proposal on the very successful LEAD program of Seattle, which is also a pre-booking diversion program where prostitutes avoid criminal charges in exchange for attending different types of rehabilitative programs. These programs have been very successful, and many of the organizations already work in the areas of drug rehabilitation, mental health services, shelters, LGBT outreach, and other health services. They are well-poised and informed on this initiative, and the ACLU is supportive of their efforts to remove prostitutes from the criminal justice system and into a network of rehabilitation and care that can more effectively improve their lives and the health of their communities.

  
Kayla Williams
ACLU of Georgia Summer Law Clerk
Kayla 

Despite only having served as a law clerk for the ACLU of Georgia for two weeks, I can truly say this has been an eye-opening experience! Being afforded the privilege of writing pre-litigation memos pertaining to real people has really provided me with a sense of purpose. Prior to interning with the ACLU, I had no practical legal experience, just hours and hours of reading law school case books and studying. However, working with the ACLU has further confirmed my passion for helping others, while also ensuring that the liberties afforded to every individual are being met.

            One aspect of the ACLU that I love is the diversity of not only the organization's staff, interns, and volunteers, but also the diversity of the issues that the organization deals with. In the past two weeks, I have learned about issues concerning prisoner's rights, prostitution banishment, the Federal Real ID Act, and much more!

            Last week I attended a task force meeting regarding the ineffectiveness of a proposed city ordinance that would banish prostitutes. During this meeting, a group of prominent community leaders meet to discuss alternatives to the ordinance. Also attending that meeting were members of the community who spoke about some of their programs that were geared towards tackling the underlying issues as to why prostitution continues to exist, as well as bed, therapy and rehabilitation centers that were available to victims of prostitution. This experience was enlightening and allowed me to witness first hand some of the issues affecting the community. Today I will also be attending a meet-and-greet with activists in support of decriminalizing personal possession of marijuana. Despite evidence that whites use marijuana at higher rates, arrests for possessing small amounts of marijuana are one of the most common drug-related methods of imprisonment, which appears to disproportionately affect people of color.

            So far, my experience at the ACLU of Georgia has been rewarding and I look forward to continuing to fight for change!

The ACLU of Georgia National Security/Immigrants' Rights Project is celebrating its fifth anniversary!
Founded in March 2008, the project works to bring Georgia into compliance with international human rights and U.S. constitutional standards in treatment of refugees and immigrant communities, including those in detention. This project engages ACLU of Georgia staff and volunteers in litigation, legislative advocacy, human rights documentation, coalition-building, public education, attorney training, and community organizing to address a range of issues. Here you can find a few of our accomplishments over the past five years.

 

Download Brochure   

 

Don't Miss the Following Events!!

Privacy vs Security
Meetup Group
  
7:00pm
Monday, July 15, 2013
Taverna Plaka
2196 Cheshire Bridge Road
Atlanta, GA
  
Price: $1.00/per person
  

How much privacy should we trade for greater security? The recent Boston bombings and revelation about the NSA's massive phone call monitoring program have given this question renewed relevance.

 

More video cameras like the ones that identified the Boston bombers could help stop more terrorists, but they could also lead to government abuse.

 

-What is an appropriate balance between privacy and security?

-Has the government overreached the 4th amendment, which supposedly protects us from unreasonable search and seizure?

 

A recent poll by the Washington Post shows that most Americans "support the blanket tracking of telephone records in an effort to uncover terrorist activity."

 

Azadeh Shahshahani, National Security/Immigrants' Rights Project Director for ACLU of Georgia will be presenting at the beginning.

National Day of Action to Defend Abortion Rights, Atlanta

   
We won't go back! Anti-Choice politicians are robbing people across the country of basic health care rights. We are losing access to safe abortions, STD testing, cancer screenings and more!

We are fighting well-funded battles against choice in Texas, North Carolina, Wisconsin, and Ohio.

Rallies and marches are already beginning to be organized across Texas for the 15th. Let's organize rallies for choice across the nation.
  
WE TRUST WOMEN!
Monday, July 15th
8:00 pm
Georgia State Capitol, Atlanta, GA  
            
Mission Statement 
 
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.
In Case You Missed It

 

Join Us 
Download a member application form or use Paypal to join more than 6,000 Georgians who contribute to the defense of liberty through their annual ACLU of Georgia membership.
Contribute 
Please visit www.acluga.org/donate
Your contribution to the ACLU Foundation of Georgia is 100% tax-deductible.
 
Thank you for helping keep America safe and free! 
ACLU of Georgia Logo
Join Our Mailing List