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Voice
June  2014 
In This Issue
Justice For Baby Bou Bou
Georgia Has Little-Known For-Profit Prisons for Immigrants
Scout's Honor: Young Advocates learn about their Civil Liberties
Georgia Attorney General: State Cannot Enforce New Food Stamp Law
The ACLU of Georgia Joins the GeorgiaNot1More Campaign
Kroger Community Rewards Program
No Knock Warrant Rally
Justice for Baby Bou Bou

 

On Saturday, June 7, a rally was held at the Habersham County Courthouse in to support Bounkham "Bou Bou" Phonesavanh, a 19 month old baby who was nearly killed during a recent SWAT team raid.  Baby Bou Bou is in a medically induced coma and in critical condition at Egleston Children's Hospital in Atlanta.

 

On May 28th, a Habersham County Sheriff SWAT unit raided a home in Cornelia, Georgia, where an undercover officer purchased $50 worth of crystal meth from 30-year-old, Wanis Thonetheva, the nephew of the home's owners.  The raid took place at around 3 AM.  The officers involved failed to investigate whether or not children were present or whether Thonetheva would even be at the house.  They obtained a "no-knock" warrant, allowing the SWAT team to break in the door without knocking or announcing themselves as law enforcement.  An officer threw a "flash bang" grenade into Bou Bou's crib where he was sleeping.  Thonetheva was not at the house and no drugs were found.   

 

Saturday's rally was well attended by concerned citizens who gathered to express concerns and outrage about this tragically botched SWAT raid.  Several local politicians and activists appeared, but more importantly several local residents were in attendance.  One of the speakers expressed that he was not a politician or with an organization, he simply said "I am a citizen."

 

Nick Messina whose son was killed by an Atlanta SWAT team sniper also spoke.  Mr. Messina was emotional, and he struggled to tell the story of his son.  The crowd was silent as he spoke through his tears.  He said he didn't care about the politics involved, he just wanted to share his story in hopes that something would be done to protect families like his and Bou Bou's from the militarization of law enforcement.


Kara Dansky, senior counsel at the American Civil Liberties Union, said incidents like this one highlight the growing militarization of America's law enforcement agencies.

 

"SWAT teams were created in the1960s for a very specific set of scenarios like hostage taking, active shooter scenes and true emergencies," Dansky told The Huffington Post. "We're seeing increasingly that police are using SWAT teams to do raids of people's homes often in low-level drug cases. This sometimes causes an escalated risk of violence as we saw in this case."

 

Dansky said authorities have a right to protect themselves, but she said these tactics are sometimes misused.

 

"Even if they're serving these search warrants on a person's home, they're doing so at night with a paramilitary force of 15 to 20 heavily armed officers and using military weapons and tactics," Dansky said. "It's hard to understand why these types of actions are warranted for low-level drug cases."

 

The rally was non-partisan, attracting participants throughout the political spectrum.  Members and organizers of the Georgia Tea Party, ACLU of Georgia, NRA, Georgia Taxpayers Alliance, and NORML were in attendance.  Regardless of their political beliefs, attendees were unified in their belief that the militarization of law enforcement, and the growing prevalence of "no-knock" warrants are a serious threat to freedom.  Participants expressed concern that these police tactics constitute a serious threat to the constitutional freedoms of all Americans.  

 

In 2007, Senators Vincent Fort (D) and Jeff Mullis (R) introduced a bipartisan bill to limit "no-knock" warrants, in the Georgia State Senate in response to the murder of Kathryn Johnson, a 92 year-old woman who was shot six times when an Atlanta SWAT team raided her home.  The police had raided the wrong house by mistake.  The bill overwhelmingly passed the Senate but failed to make it through the House. 

 

A second rally is planned for this upcoming Saturday, June 14. Baby Bou Bou's parents are expected to speak and a much larger crowd is likely.  The ACLU encourages all concerned citizens to attend the rally and support legislative reforms that will prevent future tragedies.  

 

Justice For Baby Bou Bou Rally

Georgia Has Little-Known For-Profit Prisons for Immigrants; ACLU Investigation of Such Prisons Reveals Abuse, Inhumane Conditions

Report Shows Federal Bureau of Prisons Incentivizes Mistreatment, Shields Immigrant Prisons from Scrutiny

McRae Correctional and D. Ray James Correctional facilities in McRae and Folkston, Georgia are two of the 13 little-known CAR (Criminal Alien Requirement) prisons for immigrants in the United States. For the new report Warehoused and Forgotten: Immigrants Trapped in Our Shadow Private Prison Industry, the ACLU and the ACLU of Texas have investigated CAR prisons in Texas run by Corrections Corporation of America and the GEO Group, the same private prison companies that operate McRae and D. Ray James. The report reveals inhumane conditions and egregious mistreatment of immigrants in prisons that enrich the for-profit prison industry at tremendous costs to taxpayers.

 

"The report findings are consistent with what we have documented in Georgia. CCA at McRae and the GEO Group at D. Ray James have a record of violations of constitutional and Bureau of Prisons standards governing the medical treatment of prisoners," said Azadeh Shahshahani, National Security/Immigrants' Rights Project Director of the ACLU Foundation of Georgia.

 

In August 2011, the ACLU of Georgia submitted comments to the Bureau of Prisons asking that the agency not renew its contract for operation of McRae. The ACLU of Georgia has also submitted a Freedom of Information Request to the Bureau of Prisons regarding treatment of prisoners at D. Ray James. The comments and the FOIA request are available upon request.

 

The culmination of a four-year investigation, the ACLU report on facilities in Texas shows how the federal Bureau of Prisons incentivizes private prison companies to keep CAR prisons overcrowded and understaffed. The companies provide scant medical care that is often administered incorrectly, if delivered at all.

 

As Carl Takei, Staff Attorney at the ACLU's National Prison Project, explained, "The shameful conditions inside CAR prisons come from the government's decision to allow the suffering inside these for-profit prisons. For instance, 10% of the bed space in CAR prisons is reserved for extreme isolation-nearly double the rate in normal federal prisons. I spoke to prisoners who spent weeks in isolation cells after being sent there upon intake-simply arriving at prison was the reason why they were locked in a cell and fed through a slot for 23 hours a day."

 

CAR prisons hold non-citizens who have been convicted of crimes in the U.S., mostly for immigration offenses (such as unlawfully reentering the country).

 

Read the report: www.aclu.org/CARabuse.

 

Press Release 

 

Click here to read Azadeh Shahshahani's piece on McRae

 

Scout's Honor: Young Advocates learn about their Civil Liberties



The ACLU Foundation of Georgia joined the Georgia Association of Women Lawyers in the Georgia State Bar building to help Georgia Girls Scouts learn about being Junior Advocates.  While the Girl Scout Juniors worked on requirements to earn the Inside Government Badge they learned about how law is relevant to their every day Civil Liberties.  After briefly introducing the Girls Scouts to the mission and goals of the ACLU, Law Clerks and Fellow Ese Okuma presented on Student's Rights in Schools. The presentation began with students learning about some of the issues with School Dress Code policies. Student's discussed the meaning of Symbolic Speech through illustrations of popular music artists like Lady Gaga, and applied the 1st and 14th amendment to determine what restrictions on dress code may or may not be protected by the constitution.

 

The Girl Scouts were especially interested in learning about their rights to be free from unreasonable searches and seizures at School. "Can my phone be taken by a teacher since it is my personal property?" asked one student. The Girl Scout's had a solid understanding that their Civil Rights were important and that they were their own advocates!  Several Girl Scout's inquired about the rights they had in a private school as compared to public school,  policies underlying many of the school rules they were required to follow, and what some next steps should be concerning some of their own school rules. Students began applying the law to scenarios in their own schools where they felt school searches may have been unwarranted or unreasonable. Students also engaged in discussion about 4th Amendment protections of their Social Media Rights and were excited to share some of the platforms they currently use to connect with each other.    

 

Following the presentation, ACLU representatives sat on a panel to discuss pathways to law school and advocacy. Many of the themes from the 1st presentation became relevant as students inquired about their rights to pursue their rights as minors. ACLU Interns also helped students in preparing for their upcoming Mock Trial by advising them on how to prepare an opening and closing statement, direct and cross examinations. These budding advocates will surely be at the forefront of the continuous fight to protect our Constitutional Rights

 

Download the PDF here

Georgia Attorney General: State Cannot Enforce New Food Stamp Law  
Jeanne Bonner
GPB News

Georgia's Attorney General says the state cannot enforce some provisions of a new law requiring food stamp recipients to
submit to drug testing before receiving benefits.

In a letter sent Friday, Sam Olens said that's because federal law prohibits states from adding their own requirements to the Food Stamp program.

The decision comes after the U.S. Food and Drug Administration moved Monday to block the new law.

Gov. Deal referred the matter to Attorney General Olens. In his letter to Deal, Olens noted implementing the additional criteria would violate federal law and put the state at risk for losing food stamp benefits.

The new law, which goes into effect on July 1, would impose drug tests on two types of federal benefit recipients. Georgians in the second category of benefit known as TANF, or simply welfare, will still be subject to the drug tests under the new state law, Olens said.

Some experts, however, believe those provisions may also spur a federal challenge.

It's the second time in two years Georgia has passed legislation involving drug tests for some public benefit recipients.

Deal signed the previous bill into law, but it was never implemented because a federal court blocked a similar law in Florida. It would have allowed the state to require drug tests of all welfare recipients. The 11th circuit federal court struck down the Florida law because justices said the state lacked grounds for reasonable suspicion that welfare recipients are likelier than the general population to abuse drugs.

Other states passed similar laws to Florida and Georgia, but none of them went back to the drawing board to see if adding the reasonable suspicion standard to the measure would pass constitutional muster.
The ACLU of Georgia Joins the
GeorgiaNot1More Campaign


The ACLU of Georgia today joined GLAHR, NDLON, and more than a dozen other organizations in calling on the Sheriff of DeKalb County to not prolong individuals' detention based on ICE detainers. Federal courts have found that the detainer serves as a mere request and does not constitute probable cause for a separate arrest. The ACLU of Georgia and other organizations reminded Sheriff Mann and other Georgia sheriffs about the legal liabilities they could face if they continue to illegally hold individuals on the sole basis of ICE detainers. Click here to find the letter signed by the ACLU of Georgia, GLAHR, and NDLON addressed to Sheriff Mann.

 

Read the letter here

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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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