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2002-2003 Annual Report
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Note: Fiscal Year Changes for The ACLU of Utah
All
ACLU affiliates and our national office are now on a new fiscal year
calendar from April through March. This Annual Report includes 15 months,
January 1, 2002 to March 31, 2003, reflecting the transition.
Table
of Contents
About
the ACLU
Legal
Action
Legal
Advocacy
Legislative
Action
Public
Education and Civil Liberties Advocacy
ACLU
of Utah Tackles Law Enforcement, Jail and Prison Complaints
Financial
Report
About
the ACLU
The American Civil Liberties Union, founded in 1920, is a nationwide,
nonpartisan organization dedicated to working in the courts, legislatures,
and communities to defend and preserve the individual rights and liberties
guaranteed to all people in this country by both the Constitution and
the laws of the United States.
The American Civil Liberties Union of Utah was chartered in 1958 to work
on constitutional issues that are pertinent to those living in this state.
Our priorities include freedom of speech and expression, the separation
of church and state, freedom of religion and association, the right to
privacy, safe prison and jail conditions, and equal protection and due
process of our laws.
Staff
Executive Director: Dani Eyer
Staff Attorney: Janelle Eurick
Communications Director: Reinard Knutsen
Development Director: Carol Gnade
Projects Coordinator: Stephanie Peterson
Police, Prison & Jail Intake: Cathy Endicott
Executive Committee
President: Laurie Wood
Vice President: Tim Chambless
Treasurer: Robert Wood
Legal Panel Director: Lincoln Hobbs
National Board Rep.: Jill Sheinberg
At Large: Karen Denton
At Large: Lee Martinez
Board of Directors
Peggy Battin, Sue Marquardt, Roberto Culas, Rick Nosseir, Beverly Dalley,
David Tundermann Andrew McCullough, and Marc Hoenig
Legal Panel
Dianna Cannon, Trystan Smith, Stephen Clark, Karen Stam, Andrew Deiss,
Russell Hathaway, Summer Osburn, Linda Jones, Mary Woodhead, Derek Langton,
and Akiko Kawamura
Cooperating Attorneys
Brian Barnard, Mark Lopez, Stephen Clark, Andrew McCullough, and Richard
Van Wagner
Interns and Volunteers
Lindsay Barenz, Amanda Breen, Kevin Dwyer, Maui Drabner, Matt Echohawk,
Ted Reed, Paul Sacksteder, Bryan Banks, Nora Pinkas, Nikki Konesavanh,
Jamie Usry, Claire Martinez, Christine Denburg, Noreen Ogden, Scott Wilson,
and James Hebdon
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LEGAL ACTION
The ACLU of Utah litigates and provides amicus assistance in as many as
20 cases per year while we monitor, negotiate and settle many more without
going to court.
The ACLU stands alone, and often against the tide of public opinion, in
this battle. However, due to the extreme dedication and generosity of
our cooperating attorneys, the attentiveness of our staff, and the support
of our members and contributors, we have been steadily gaining ground
and recently have won many important victories.
Free Speech and Separation of Church and
State – Pending
Main Street Plaza - On October 9, 2002, the Tenth Circuit Court of Appeals
reversed Utah’s District Court decision and declared the sidewalks
on the Main Street Plaza a public forum to be regulated by the city, not
the Mormon Church. The case grew out of Salt Lake City’s ill-advised
move under a previous administration to sell one block of downtown to
a private entity, the LDS Church, while retaining an easement guaranteeing
public access and passage. (For more details please read the Fall
2003 Newsletter)
Criminal Libel - Case Resolution
State of Utah v. Ian Michael Lake
Deputies seized Ian Lake’s computer, arrested the 16-year-old high
school student, and for seven days, incarcerated him in the Iron County
Youth Detention Center. His alleged crime was an Internet web site that
he created at home and without the use of school resources which included
parodic statements about classmates, teachers, and the principal. Lake
was charged under Utah’s rarely used criminal libel statute.
The ACLU of Utah and cooperating attorney Richard Van Wagoner filed a
motion to dismiss Lake’s criminal charges on the ground that Utah’s
criminal libel statute was unconstitutional on its face, overbroad and
vague. In a November 15, 2002 ruling, the Utah Supreme Court unanimously
declared the state’s criminal libel law unconstitutional.
Commercial Speech – Ongoing
As a result of our legal action several cities in Utah, including Salt
Lake City, have repealed improper ordinances that prohibited mobile advertising,
specifically “For Sale” signs on cars and moving “billboards.”
Lesbian and Gay Rights - Case Resolution
Citizens of Nebo School District v. Weaver – On April 4th, the Utah
Supreme Court issued a unanimous ruling that brought an end to a five-year
legal battle over the proper role of courts in determining whether lesbians
and gay men can be fit role models and otherwise participate as full citizens
in our society. (For more details please read the Fall
2003 Newsletter)
Free Speech – Case Resolution
Ogden City v. Bruce Edwards and Bruce Edwards
v. Ogden
Frustrated by his inability to resolve a series of disputes with Ogden
City officials, Ogden resident Bruce Edwards resorted to a different form
of petitioning for redress of his grievances. He posted signs expressing
criticism of the city on several vacant buildings that he owns in the
downtown area. As city officials and Edwards sought to work out their
differences, in December 2001, the city council enacted an ordinance that
provided in part that “a vacant building and the premises shall
be kept free of all interior or exterior signs, displays or graffiti,”
subject to limited exceptions.
Ogden City initiated a criminal prosecution against Edwards for violating
the new ordinance and, in a rare move, initiated a civil action as well,
seeking a court order requiring Edwards to remove his signs. On February
6 – one day before the Olympic torch was to go through Ogden –
Ogden City argued that Edwards’ signs detracted from the city’s
efforts “to present itself as a clean, safe, and desirous environment
for parents to raise families and businesses to enjoy prosperity,”
and Second District Court Judge Parley Baldwin granted a temporary restraining
order.
The ACLU filed and answer and counterclaim challenging the ordinance for
prohibiting protected speech. We also argued that as applied to Edwards,
the ordinance is not content-neutral, since the city’s enforcement
of the ordinance against Edwards reveals its intent to suppress a viewpoint
with which the city disagrees.
Judge Baldwin sided with the ACLU on October 1. His ruling that stated,
“ The sweeping inclusion of the ban understandably would dismay
the average American, who given this nation’s proudly proclaimed
history of special respect for individual liberty and private property,
would be surprised to learn that he could not display flags, religious
symbols, political placards, or even bumper stickers from the windows
of his vacant building.”
Privacy- Case Resolution
Salt Lake City v. Keith Roberts
The ACLU of Utah submitted an amicus brief on the issues of privacy and
lewdness in Salt Lake City v. Roberts. In March 2003 the Utah Supreme
Court rejected Salt Lake City’s attempt to expand police investigatory
powers in ways that would have severely infringed upon personal privacy.
“Expansion of the ‘plain view’ doctrine would have created
criminal activity where constitutionally protected intimate relations
had once existed,” said Janelle Eurick, ACLU of Utah Staff Attorney.
“If the city had had its way, then every time consenting adults
engaged in private sexual relations, they would have been susceptible
to criminal charges simply because a police officer is able to peer through
a window.”
DNA Cases
During their 2002 session, the Utah State Legislature dramatically expanded
the state’s DNA database, and required that DNA specimens be collected
from anyone who has pled guilty to or been convicted of any felony charge
or class A burglary offense. Faced with the task of collecting DNA samples
from all inmates, the department of Corrections stated that beginning
July 1, 2002, it would begin collecting DNA samples and would charge each
inmate a $75 processing fee.
Two cases were filed challenging the charging of indigent inmates $75
for DNA testing, in violation of state statutes. We have prevailed in
one representative case while the other is pending
Nuttall v. Salt Lake County
Although we prevailed in this case, the Judge refused to grant relief
to inmates charged the $75 DNA testing fee from the date the law came
into effect until the date of the court’s decision. Only current
and future inmates who were wrongfully charged the fee will receive relief.
We filed an appeal to the Utah Supreme Court in November seeking to reverse
the Judge’s decision not to give relief to past inmates who had
this money unlawfully removed from their inmate accounts.
Open Meetings - Case Resolution
Focus v. Child Support Guidelines Advisory Committee
Members of the Committee were uncomfortable being videotaped in open and
public meetings. FOCUS member Rick Curtis wished to record the meetings
for members of their organization that could not attend the mid afternoon
meetings of the committee. The Court stated that being uncomfortable on
tape did not amount to an actual disruption of the meetings. Further,
the Court ruled that videotaping is a valid means of recording an open
meeting under Utah’s Open and Public Meeting Act.
Counsel for Indigent Parents – Case
Resolution
State of Utah v. Paul Johnson
On July 10, 2002, the Division of Child and Family Services (DCFS) petitioned
the Juvenile Court to substantiate its investigative findings, which asserted
that Paul Johnson had abused his children as defined by the Utah Code.
This charge is a Class B misdemeanor and carries a penalty of up to six
months imprisonment and possible termination of parental rights. The purpose
of a substantiation hearing is to provide DCFS an opportunity to bring
evidence against a parent to determine whether there is sufficient proof
to formally charge that parent with child abuse and conduct a prosecutorial
trial. Johnson has denied the accusations and requested that the court
appoint him counsel to represent him during the substantiation hearing.
At the request of Third District Juvenile Court Judge Joseph W. Anderson,
on October 28, we filed a memorandum in support of the motion for appointed
counsel. In our brief, we argued that while the Sixth Amendment of the
U.S. Constitution provides for the right to appointed counsel only at
critical stages of the prosecution during adversarial proceedings, the
Utah Code provides an even broader provision for the right to appointed
counsel during "every stage of the proceedings." On November
26, Deputy District Attorney Brent Cameron filed the county’s voluntary
dismissal of its objection in the case, and concluded that the county
must appoint counsel for indigent parents, guardians, and custodians who
are facing child abuse substantiation hearings in the Third District Juvenile
Court. In order to qualify for appointed counsel, the court must first
find that the parent or guardian is indigent.
Freedom of Religion - Pending
Clark v. Iron County
Nathan Clark is a devotee of the International Society for Krishna Consciousness,
(ISKCON), a religious organization. The ISKCON faith proscribes that its
devotees shall consume a specific diet, vegetarian in nature. Iron County,
its Sheriffs Department and County Jail, unconstitutionally infringed
on Mr. Clark’s rights by refusing to provide a diet consistent with
his religious beliefs during his October - November 2002 incarceration
in the Iron County Jail. Under Mr. Clark’s religious belief, food
is a spiritual requirement, and ISKON devotees follow a strict diet. As
a result of Iron County’s lack of policies, procedures, practices,
and rules regarding religious meals for inmates, the county violated Clark’s
First Amendment right to practice religion without imposing limit.
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LEGAL ADVOCACY
The ACLU of Utah regularly engages in advocacy in an effort to resolve
issues before they result in litigation.
Olympics
Salt Lake City hosted the Winter Olympics in February 2002. A year of
preparation at the ACLU of Utah preceded the games. The ACLU of Utah worked
to ensure each venue city had constitutionally acceptable free speech
ordinances and where necessary, represented protesters in negotiations
with the cities to secure protest locations. The staff reviewed protest
ordinances and met with city officials in Salt Lake City, Park City, Summit
County, Salt Lake County, Taylorsville and Farmington to revise offensive
sections of their protest ordinances.
Security was also an issue during the games, and the ACLU staff met with
several law enforcement agencies to determine the extent of electronic
surveillance that would be used during the games. The ACLU of Utah also
trained and recruited over 50 legal observers to attend Olympic protest
sites to document any police misconduct at events. Through our negotiations
with venue cities, protesters were allowed to protest virtually right
next door to many Olympic venues, a victory considering the enhanced security
climate of the country four months after the tragic events of September
11, 2001.
Traffic Checkpoints
The ACLU of Utah has received numerous complaints regarding checkpoints
set up by various county Sheriff Departments around Utah over holiday
weekends. We have sent letters of concern over the constitutional validity
of these checkpoints.
Drug Courts and Testing Contamination
In early 2002, the ACLU of Utah received several serious complaints about
the drug testing facility used by the Eighth District Drug Court in Uintah
County. The complaints made several allegations, including cross contamination
of specimen at the Uintah County Jail drug testing laboratory, refusal
of the drug court to allow participants to challenge positive test results,
and refusal to consider participant’s prescription medications and
their effects on drug tests.
In response to our GRAMA request on behalf of several drug court participants,
the Drug Court responded with new procedures implementing several policies
that will alleviate some of the problems mentioned above. The new policies
were formalized in writing on July 31, 2002.
To ensure those collected specimens are not cross-contaminated or tampered
with by drug court personnel, the drug court implemented new policies:
use of numbers, not names; Samples with tamper resistant tape; inhaling
by participants; blind tests; and running daily random control tests.The
drug court also mandated the opportunity for disclosure of any prescription
medication in use.
Drug court participants may also now challenge all positive test results.
Any positive test result can be challenged within 90 days. The challenged
specimen will be stored at the Uintah Jail facility for 90 days in a sealed
container and refrigerated. Participants will be required to pay for the
contested drug test.
Counsel at Misdemeanor Trial
Alabama v. Shelton: letters were sent to all courts in Utah informing
them that if there is no lawyer at a misdemeanor trial the accused cannot
face jail time for a later parole/probation violation.
Ten Commandments
Several cities voluntarily removed monuments from public land after receiving
our letters and noting the court ruling, and costs, in other Utah cases.
Prison Procedures and Problems
The ACLU of Utah initiated a comprehensive survey and analysis on the
use of the Grievance Procedures at the state prison which have revealed
problems that we are attempting to address. Monthly meetings with the
Department of Corrections executives have ensued and further studies are
ongoing. (See the article on “Tackling Police, Jail and Prison complaints’
pg. 4)
Police Civilian Review Board
Salt Lake City initiated a Police Civilian Review Board for police complaints.
The ACLU of Utah served on the panel selecting the first full-time investigator
who will manage the 14-member panel and investigations parallel to the
police’s Internal Affairs department. (For more details please read
the Fall 2003 Newsletter)
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PUBLIC EDUCATION
AND CIVIL LIBERTIES ADVOCACY
The daily work of the Utah ACLU includes researching the facts surrounding
complaints of civil rights abuses, mediating the resolution of many disputes,
lobbying against proposed legislative bills that pose threats to the constitutional
rights of Utahns, educating our community about civil rights issues, and
resorting to court action to establish important legal principles for
the protection of individual rights and liberties.
We try to provide resources to those that normally do not get necessary
legal support, like those from ethnic minorities, gay and lesbians, low-income
families, and other disenfranchised communities.
Safe and Free Advocacy
Arab, Muslims and the FBI:
The ACLU of Utah made an earnest effort to contact members of the Arab,
Muslim and Iraqi community to inform them of the government’s attempts
to detain those seeking asylum (Operation Liberty Shield) and to engage
in FBI questioning based upon racial profiling. Further, through the assistance
of our Utah Association of Criminal Defense Lawyers, our state Bar Association
and through local immigration lawyers, we were able to provide volunteer
attorneys to assist anyone having concerns about questioning and the right
to counsel. In addition, we set up a meeting with representative attorneys
and the local FBI office and set forth our concerns about profiling, political
questioning and intimidation.
USA PATRIOT Act: We also participated on
several well-attended panels at law schools and universities discussing
the USA PATRIOT Act with local U.S. Attorneys, representatives from the
Department of Justice, immigration and First Amendment attorneys, congressional
staffers, and professors.
Further participation included speeches at Bill of Rights Defense rallies,
teach-ins, and panel participation with the state’s Attorney General
at a banquet for over 150 Muslim professionals.
Reproductive Rights
As mentioned in the legislative section, we were able to work with the
media and threaten the legislature with legal action in beating back two
abortion bills that we deemed unconstitutional. We also placed an op-ed
in the statewide paper on the 30th anniversary of Roe v. Wade.
Censorship
In conjunction with Banned Books Week we staffed a booth at public events
like our downtown Farmer’s Market. We also participated in public
radio talk shows with librarians and booksellers. Further, we were invited
to speak at the annual Utah Library Association on Internet censorship
and related lawsuits on Internet filters and library funding.
Homeless Issues
In 2002, the ACLU of Utah worked closely with Crossroads Urban Center
in a legal observer program intended to determine whether the civil rights
of the homeless were being violated. The legal observers volunteered to
attend food lines and parks frequented by the homeless in order to observe
and document their interaction with law enforcement officers. The program
also included interviews with both the homeless and the police.
Lesbian, Gay, Bi, Transgender Issues
Utah remains a crucial state in the ongoing battle for passing gay policies
in the areas of marriage, adoption, school matters and hate-crimes. We
constantly invoke First Amendment and Equal Protection arguments in promoting
gay and lesbian rights. We are one of the only organizations in Utah that
work in the courts to push for the civil rights of sexual minorities.
We continue to advocate in areas of student rights, definition of marriage
resolutions, and in coalition work.
Other Presentations
Our affiliate has made a tremendous effort to increase public awareness
on basic civil liberty issues through dozens of panels, lectures and discussions
at schools from elementary, high school, university through law school,
at continuing legal education classes, at community council meetings,
city council meetings, town meetings, coalition meetings, and rallies.
Press
The ACLU of Utah received continual media attention. We were quoted and
written about several times each week in both statewide papers and local
papers. Our clippings service showed hundreds of entries for 2002. We
also received public radio attention, were invited frequently on talk
shows and received consistent requests from TV news. The Main Street Plaza
issue alone resulted in hundreds of articles, letters to the editor, and
dozens of editorials.
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LEGISLATIVE ACTION
The decisions made during the annual session of the Utah State Legislature
have a lasting impact on our communities. As new laws are created and
others repealed and rewritten, we try to ensure that these changes strengthen
rather than compromise our constitutional rights. During each session,
the ACLU of Utah addresses a wide range of issues, and our organizing
and lobbying efforts are aimed at informing lawmakers and the public about
the civil liberties implications of the proposed bills.
2002 LEGISLATIVE SESSION
The 2002 Utah Legislative Session was mostly discouraging for defenders
of civil liberties. Bills passed includied an “In God We Trust”
school mandate, a toothless resolution defining the beginning of life
at
conception, and a bill broadening the definition of terrorism. However,
two bills we supported passed, and the Governor used his veto power to
stop a bill that would have severely infringed upon access to the courts.
Database established to collect race information
on police stops
HB 101 Sub 1, “Racial Profiling”; sought to move allegations
of racial profiling from the anecdotal to the factual realm by creating
a database tracking the race of motorists and pedestrians stopped by the
police. Race data will be collected regardless of citation. By relying
on race information on drivers’ licenses and state identification
cards, the law seeks to avoid the subjective decisions law enforcement
officers are bound to make if they have to determine an individual’s
race. The Department of Public Safety will establish the database and
the Commission on Criminal and Juvenile Justice will have access to the
information for evaluation purposes. The law addresses privacy concerns
by providing that those who refuse to disclose race to the Driver License
Division will not be denied a drivers’ license or identification
card. Because race information is voluntary, is collected only over a
five-year period, and because the database does not include information
about out-of-state drivers, it is unclear if the evaluated data will provide
a more complete picture of racial profiling.
Due process rights strengthened
“Taking Minor Into Protective Custody Without a Warrant” requires
that a law enforcement officer or child welfare worker must have a warrant
before removing a child from the home, except under limited circumstances,
including imminent danger to the health or safety of the child. The law
moves Utah closer to constitutional standards, which require that, absent
narrowly defined exigent circumstances, a child can be removed from his
or her family only when an independent judicial officer issues a warrant
authorizing the removal.
Governor vetoes unconstitutional construction
bill
Legislators passed SB 183 Sub 1 “Costs Assessed for Wrongfully Enjoining
a State Project.” The bill would have allowed any individual or
organization that reasonably disputes a government action but ultimately
does not prevail in court to become liable for all costs and damages resulting
from temporary injunctions on construction projects. Because there is
simply no way a single Utah citizen or public interest group could assume
the risk of these costs, regardless of how meritorious the claims, SB
183 would have effectively blocked a large proportion of our citizenry
from access to the courts and from participation in a fundamental aspect
of the democratic process. In a win for First Amendment rights, Governor
Leavitt vetoed the bill.
2003 LEGISLATIVE SESSION
Because of the ACLU’s new fiscal year, the scope of this report
also includes Utah’s 2003 Legislative session. Most significantly,
the ACLU of Utah, with national ACLU support, joined with Planned Parenthood
and utilized the press, along with letters to the legislature threatening
litigation, to beat back two proposed abortion bills.
Partial Birth Abortion Amendments: HB 241
- Failed
HB 241 would have altered Utah’s 1996 abortion ban by removing the
exemption for a mother’s health, and was an attempt to target a
rarely performed abortion procedure that would have included criminal
penalties for doctors who perform the procedure. HB 241 also contained
an unconstitutionally overbroad definition of banned conduct. Although
meant to target so-called partial birth abortions, it failed to narrowly
target a ban of a single procedure, but instead would have banned many
safe, common abortion procedures, including the most common method of
abortion used in the second trimester, before fetal viability.
The ACLU of Utah delivered letters to the relevant House and Senate Committees
warning that HB 241 was constitutionally flawed. The letters also encouraged
the legislature to refrain from passing a bill in an attempt to prohibit
almost nonexistent conduct in this state, and which would result in costly
litigation. The Supreme Court struck down a nearly identical version of
the same bill in Nebraska in 2000, which cost nearly $1 million in state
litigation costs.
HB 241’s sponsor said although he knew his measure to outlaw partial-birth
abortions might have been deemed unconstitutional, he believed it would
have established an important legal precedent. “The sponsors admitted
the practical effect of their bills may have been unclear even to them,
but they believed it was important to try to make Utah’s attitude
about abortion perfectly and legally stated in statute…” (Deseret
News 3/6/03)
Debate continued until midnight the last night of the legislative session
when the bill died.
Prohibition for Public Funding of Abortion:
HB 123 - Failed
This bill initially prohibited any public money from being spent directly
or indirectly for an abortion unless the woman’s life was at stake.
The ACLU of Utah submitted letters indicating that courts in Utah have
held that state governments cannot prohibit public funding for abortions
in cases where the state receives Medicaid funding and the mother’s
life is threatened or where the mother is the victim of rape or incest.
The bill was amended to allow public funds to be used for abortion in
cases of rape and incest.
The bill did not include a Medicaid requirement that gives a victim of
rape or incest the option of asking for a waiver of the need to file a
police report before undergoing an abortion. Such an omission arguably
placed Utah’s federal Medicaid funds, about $1 billion, at risk.
The bill failed to pass before time ran out in the legislative session.
There were many unanswered questions about the wide-reaching fiscal ramifications.
Sentencing in Capital Cases Amendments:
SB 8 - Passed
Last year the U.S. Supreme Court ruled in Atkins v Virginia that the execution
of a mentally retarded person violates the Eighth Amendment and constitutes
cruel and unusual punishment. Accordingly, state legislatures were mandated
to revise death penalty statutes. During the summer of 2002, we submitted
an extensive review of the Special Session proposed Amendments. Our review
dealt with the definition of mental retardation, the procedural matters
related to sentencing, scope of examination, a defendant’s failure
to cooperate, and limitations on admission of evidence. After some negotiations
during the legislative session, we found Utah’s final bill to be
constitutional with respect to the Atkins decision.
Resolution Calling for Constitution Amendment Defining Marriage –
Abandoned
This resolution would have urged Congress to add a Federal Marriage Amendment
to the U.S. Constitution. Such an amendment has previously been sponsored
by Utah Congressman Chris Cannon, and defines marriage as a union only
between a man and a woman. The ACLU of Utah worked with several other
coalitions holding town meetings and disseminated materials informing
the public as to the horrendous potential effect of such a constitutional
amendment. The resolution was abandoned.
Tax of Sexually Explicit Materials: HB 300
- Failed
This bill would have taxed sexually oriented products and businesses to
raise money for tax coffers. Drawing a connection between sex materials,
financial gain and state funded sex offender programs, the sponsor, a
director of a nonprofit which holds several state contracts dealing with
sex offenders, was hoping to shore up several state programs. There were
many logistical and constitutional hurdles to the bill: taxing Internet
sites, defining “sexually-explicit,” and taxing industries
with First Amendment protection. Levying a tax on expressive activity
based upon content is impermissible. After four amendments, the bill failed
to pass.
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ACLU of Utah Tackles
Law Enforcement, Jail and Prison Complaints
Every year, the ACLU of Utah receives many complaints from citizens who
feel their civil liberties have been violated. From January 1, 2002 to
present, 1,049 complaints from inmates in correctional facilities and
212 from citizens regarding law enforcement agencies have been received.
These two types of complaints are handled separately from more general
legal complaints, which are handled by the ACLU of Utah’s staff
attorney. Each prison, jail, and law enforcement complaint is individually
reviewed, evaluated, and entered into a two separate databases for tracking
purposes.
In order to identify larger issues and growing problems in prison and
law enforcement agencies, reports are periodically generated from the
databases so that statistics may be utilized when addressing issues of
concern with the appropriate agencies.
Complaints from prison and jail inmates range in content from simple requests
for information about the ACLU to more specific complaints about prison
conditions, access to information (such as law library availability),
inmate classification, commissary, discrimination, grievance procedures,
harassment, legal questions, mail problems, religious discrimination,
retaliation, and visitation. In addition, a large number of complaints
received from inmates deal with the inadequate and/or untimely medical/mental
health care in correctional facilities. The ACLU of Utah has become increasingly
concerned with this issue.
We are also concerned with the recent proposal to introduce privatized
health care into the prison system, the advent of which may cause even
more problems for inmates in access to health care. The National ACLU
shares the Utah affiliates office’s concerns regarding the overwhelming
need for better health care in prisons: “Growing numbers of incarcerated
individuals suffer disproportionately from tuberculosis, HIV/AIDS, hepatitis,
mental illness, substance addiction and many chronic diseases. Untreated
patients jeopardize the health and safety of prison and jail staff, institution
visitors, prisoners and the communities to which they return.”
Complaints from citizens regarding law enforcement agencies are handled
similarly to those received from inmates. Law enforcement complaints are
categorized according to type, ranging from discrimination/profiling,
excessive force, harassment, and unlawful search and seizure. As with
the prisoner complaints, the ACLU of Utah responds to each complaint and
provides information and referral as necessary.
In order to gain better perspective and understanding of the civil rights
issues concerning prisoners and other citizens and of the inner workings
of the prison/jail systems and law enforcement agencies, the ACLU of Utah
is working to increase communications with prison and law enforcement
officials, representatives from activist and special interest groups and
concerned citizens so that we may better identify and, if necessary, take
action on matters of concern to individual civil liberties.
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ACLU Of Utah Foundation
Financial Report:
January 2002 – March 2003*
As a private, non-profit organization, the ACLU of Utah receives no government
funding and never charges its clients for legal representation. Our existence
depends entirely upon private donations, occasional foundation grants,
court awarded legal fees and membership fees. It is no exaggeration to
state that our financial and volunteer supporters have allowed us to accomplish
everything that is detailed in this annual report.
Revenue
Donations: $159,025.00
Events: $22,648.00
Grants: $201,000.00
Legal Awards: $1,800.00
Interest Earned: $1,464.00
Total Revenue: $385,937.00
Expenses
Program services: $286,478.00
Management/operations: $28,929.00
Fundraising: $37,378.00
Total Expenses: $352,785.00
Net Income: $3352.00
*Figures above are a reflection of audited financial statements combining
the fiscal year 2002 and January 2003 – March 2003. This accounting
is in compliance with the recent ACLU National and Affiliate change in
fiscal year, now beginning on April 1st.
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