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ACLU of Utah Reporter
Newsletter of the American Civil Liberties Union of Utah
Fall 2010
In this Issue:
Court Blocks Arizona Law But Utah Barrels Ahead Nonetheless
Utah Supreme Court Grants Hearing on “Gang Injunction”
Utah Supreme Court Validates Use of E-Signatures For Candidates
ACLU Exhibit Celebrates 90 years Of Protecting Your Liberties
Celebrate Human Rights Day
ACLU of Utah Seeks Records About FBI Collection Of Racial And Ethnic Data
ACLU of Utah Takes Action In Response To Utah’s Immigration Blacklist
ACLU Participates in Salt Lake City Anti-discrimination Campaign
Community Panels Discuss Utah Immigration Issues
Proposed Sale of Manti Street Raises Significant First Amendment Concerns
The Director's Chair
The President's Corner
About the ACLU of Utah
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Court Blocks Arizona Law But Utah Barrels Ahead Nonetheless
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| Representative Sandstrom announces his Utah anti-immigration bill while surrounded
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Arizona’s S.B. 1070 was signed into law on April 23, 2010, and was immediately challenged by various groups and entities, including the ACLU, claiming the law violated the Constitution. On July 28th, a federal court in Phoenix blocked key provisions of Arizona’s racial profiling law, scheduled to go into effect on July 29th, pending a final court ruling on its constitutionality. The ruling came in a lawsuit filed by the Department of Justice challenging the Arizona law. The ruling vindicates similar claims made by the ACLU and a coalition of civil rights groups in a separate lawsuit challenging the discriminatory measure.
The blocked sections under the law include the following provisions:
The requirement that police officers investigate the immigration status of all individuals they stop if the officers suspect that they are in the country unlawfully;
The mandatory detention of individuals who are arrested, even for minor offenses that would normally result in a ticket, if they cannot verify that they are authorized to be in the U.S.;
- The new statute imposing state criminal penalties for non-citizens failing to register with the Department of Homeland Security or failing to carry registration documents;
- The provision for warrantless arrest of individuals who are deemed by state or local police officers to be “removable” from the U.S.; and
- The new state statute making it a crime for alleged undocumented immigrants to work.
- The court did not block the provision that criminalizes the solicitation of employment on public streets or the provision that forbids local police agencies from adopting policies that limit or restrict enforcement of federal immigration laws.
While the Arizona litigation continues, the state of Utah is also grappling with the question of immigration. In August, Representative Stephen Sandstrom introduced a bill, which mirrors in large part S.B. 1070, and notably includes many of the same provisions blocked by Judge Bolton in Arizona. In particular, Rep. Sandstrom’s bill includes the requirement that police officers investigate the immigration status of all individuals they stop if the officers suspect that they are in the country unlawfully. In addition, the proposed bill imposes state criminal penalties for non-citizens failing to register with the Department of Homeland Security or failing to carry registration documents, and the provision for warrantless arrest of individuals who are deemed by state or local police officers to be “removable” from the U.S. Although a hearing was held in the Utah Judiciary and Law Enforcement Interim Committee in August to discuss the bill, opponents of the legislation were unfortunately not given the opportunity to speak.
Also in August, Representative Paul Ray held a press conference during which he vowed to introduce a resolution during the 2011 Legislative session to ask Congress to modify the 14th Amendment’s grant of U.S. citizenship.
With upcoming elections in November, Utah politicians may have decided that it is politically expedient to join in the anti-immigrant rhetoric. Nevertheless, the ACLU of Utah expects that the 2011 Legislative session will prove to be busy, especially when it comes to warding off harmful anti-immigrant legislation.
Frequently asked questions about the Arizona Law (PDF) >>
The ACLU of Utah's Immigrants' Rights Project >>
The national ACLU's Immigrants' Rights Project >>
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Utah Supreme Court Grants Hearing on “Gang Injunction”
The ACLU of Utah, along with cooperating attorneys from the Salt Lake City law firm Parr, Brown, Gee & Loveless, will be appearing before the Utah Supreme Court on October 25th for a hearing on whether a controversial injunction issued in Weber County should be subject to immediate appeal in the state’s highest court.
On August 20th, Weber County attorneys filed a complaint with the Second District Court in Ogden, asking the court to declare the “Ogden Trece” a public nuisance and impose a multi-faceted injunction regulating the activities of Ogden residents identified by the police as alleged members of the Ogden Trece
The Ogden Trece has been described in various court filings and newspaper articles as a “criminal street gang” consisting of several hundred members and operating largely within the Ogden City limits.
“Law enforcement certainly has an interest in stopping organized crime,” states ACLU of Utah Legal Director Darcy Goddard. “But there is no evidence here or elsewhere that so-called ‘gang injunctions’ are actually effective long-term. Nonetheless, in exchange for the County’s tenuous and unsupported promise of the possibility of ‘reduced crime,’ this injunction criminalizes a wide range of otherwise legal and constitutionally-protected activity, for literally hundreds of people, without any judicial determination that these individuals are, in fact, members of a ‘gang,’ or that they have committed any crime.”
The ACLU of Utah attempted to address the constitutional concerns raised by Weber County’s injunction by asking the court
for permission to file an amicus curiae “friend of the court” brief describing a number of fundamental conflicts between constitutional rights and the prohibitions contained in the injunction. After Judge Ernie Jones denied the ACLU of Utah amicus status, the organization joined with defense attorneys in the case to file an expedited interlocutory appeal in the Utah Supreme Court.
The injunction sought by the Weber County attorneys (and subsequently granted by the Second District Court) includes a wide range of prohibitions intended to help curb criminal activities. Individuals identified as members of the Ogden Trece and served with a copy of the court’s order granting a preliminary injunction are prohibited from associating with other “known member[s] of Ogden Trece,” possessing (otherwise legal) firearms “in public view or any place accessible to the public,” possessing “graffiti tools,” (including felt tip markers) using or selling drugs, having an open container of an alcoholic beverage “anywhere in public view or any place accessible to the public” (excluding “properly licensed premises”), and being on property without prior written permission. The injunction also includes an 11 p.m. curfew for Ogden Trece members, with exceptions for travel to and from employment and certain “entertainment events.”
“Courts ranging from the United States Supreme Court to the Supreme Court of Utah have universally recognized that the unjustified deprivation of First Amendment freedoms causes irreparable injury to those whose liberty is infringed,” said ACLU of Utah cooperating attorney David Reymann. “For this injunction to remain in place before the Utah Supreme Court is able to weigh and address the grave constitutional questions raised by such a broad and overreaching lower court order would result in irreversible injury to those against whom it would be enforced.”
The ACLU of Utah’s concerns include the injunction’s broad scope and unconstitutional vagueness. Unlike civil gang injunctions in California that apply to certain neighborhoods with an area of a few blocks, the Weber County injunction encompasses anybody living within the entire city of Ogden. The term “anybody” is not used lightly here; “gang members” are identified by individual police officers using a set of loose criteria, including the color and type of clothing worn and who they are seen associating with. Thus, it is possible, and even likely, that an entirely innocent person wearing “gang” clothing (described as including sports jerseys from the Utah Jazz or the Dallas Cowboys) and seen associating with a “known” member of the Ogden Trece (although not necessarily known to the individual in question) could be labeled a gang member, served with the injunction, and thereafter stripped of a number of fundamental civil liberties.
The injunction is an attempt to deter future criminal conduct by imposing restrictions on the freedom of movement or association and other liberties of free citizens. Such restrictions are inherently dangerous in a nation founded on strong ideals of individual liberty and sovereignty. The criminal activities described by Weber County as warranting the injunction are indeed dangerous themselves, but it is already illegal to sell drugs or participate in drive-by shootings, and there are stiff criminal penalties awaiting those who engage in such activities. Our criminal justice system proceeds by facts and investigation, not predictions and speculation.
To find more details of this case and the results of the Utah Supreme Court hearing please visit http://www.acluutah.org/OgdenTrece.html
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Utah Supreme Court Validates Use of E-Signatures For Candidates
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| Gubernatorial candidate Farley Anderson speaks to the press after the Utah Supreme Court’s decision was announced. |
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When you vote in the general election on November 2, you will see independent gubernatorial candidate Farley Anderson’s name on the ballot. When you do, you will have personally experienced the successful outcome of the Utah Supreme Court’s Anderson v. Bell decision, a case initiated and won through the efforts of the ACLU of Utah and cooperating attorneys from Salt Lake City law firm Manning, Curtis, Bradshaw & Bednar (MCB&B).
Utah law requires independent candidates for the state’s governorship to circulate petitions and collect 1,000 signatures in support of their candidacy. In March of this year, Mr. Anderson collected the requisite number of signatures and submitted them to the Lieutenant Governor’s office, as the law required, only to have his candidacy summarily rejected. Why? Because some of the signatures were collected electronically, via a secure website, not handwritten on paper.
The ACLU of Utah agreed to represent Mr. Anderson in his challenge of the Lt. Governor’s rejection of these signatures before the Utah Supreme Court, and secured the assistance of expert litigators from MCB&B, including founding partner Brent V. Manning. Although the ACLU of Utah is nonpartisan and does not endorse candidates for political office, the organization strongly supports the right of all citizens to actively participate in their government.
“Our focus and overriding concern was the right of the average Utahn to run for office,” said ACLU of Utah Legal Director Darcy Goddard. “Any restriction on that fundamental right should be viewed with suspicion and carefully scrutinized.”
The stage was thus set for the Utah Supreme Court’s determination of whether the Utah Code establishing the petition
requirement could be met with electronic signatures. At the oral argument on June 2nd, Mr. Manning, arguing for Mr. Anderson on behalf of the ACLU of Utah, emphasized that the intent of the signor was what mattered, not the form, and that the legal validity of any signature depends on whether the signing party intended it to represent his or her signature. Mr. Manning pointed out that electronic signatures are widely accepted in business, as demonstrated by the millions of transactions conducted online each day, and that multiple definitions of the word “signature” in the Utah Code included electronic signatures. In response, Thom Roberts, representing the Lieutenant Governor’s office argued that an individual typing in his name on a website presented a greater risk of fraud, because the resulting signature would lack the identifiable characteristics of a handwritten signature.
The opinion of the Utah Supreme Court, released on the morning of Utah’s primary election day, was a ground-breaking victory for ballot access proponents, both within the state and nationwide. In its unanimous decision in favor of Mr. Anderson, the Court noted that its goal was “to evince the true intent and purpose of the legislature,” and that the legislature had directed the courts to “construe [the petition statute] liberally so as to give unaffiliated candidates for public office every reasonable opportunity to make their candidacy effective.”
The Court agreed that the Utah Code “explicitly contemplates electronic signatures,” and that “the importance of the intent of the signor, as opposed to form of the signature, has been identified in the common law of this state.” Significantly, the Lieutenant Governor’s stated concern for increased fraud was not shared by the Court, who were “unpersuaded that an electronic signature presents special concerns regarding candidate fraud; a candidate could as easily handwrite or type fraudulent names onto a certificate of nomination.” In addition, the Court suggested, electronic signatures may even present a lower risk of fraud, because “an electronic signature incorporates readily verifiable personal, but non-public information,” noting that “the signors of Mr. Anderson’s petition apparently had to enter a security code that corresponds to the last four digits of the driver license number before their signature would be counted.”
“This case raises substantial issues of statutory and constitutional law that affect not just every Utahn, but also every voter nationwide,” said ACLU of Utah Legal Director Darcy Goddard. “We are pleased that the Court understood and upheld the validity of e-signatures under both statutory and common law. Mr. Anderson’s case is an important step towards increasing participatory democracy in this country through the use of new technology.”
After the Court’s opinion was issued, the Lieutenant Governor’s office quickly and dutifully recognized Mr. Anderson’s electronic signatures as valid for purposes of the petition, and allowed him to proceed as an independent candidate and be placed on the ballot for governor.
The decision received widespread attention from both local and national media outlets, and Legal Director Darcy Goddard was subsequently given the “Liliburne Award” by the Citizen in Charge Foundation, recognizing “her commitment to protecting the right to petition our government.”
Read more about the ACLU of Utah's work to protect participatory democracy and voting rights >>
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ACLU Exhibit Celebrates 90 years Of Protecting Your Liberties
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| Two panels from the ACLU Anniversary Exhibit |
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At the SLC Public Library
Main Branch (210 E. 400 S).
December 6 - December 31
Free & Open to the Public Daily
Ninety years ago,
America was reeling
from a post-World War I
fear that the Communist
Revolution that had taken
place in Russia would spread to the United States. As is often the case when fear outweighs rational debate,
civil liberties paid the price.
In what notoriously became known as the “Palmer Raids,” Attorney General Mitchell Palmer began rounding up and deporting so-called radicals.
Thousands of people were arrested without warrants and without regard to constitutional protections against unlawful search and seizure. Those arrested were brutally treated and held in horrible conditions.
In the face of these egregious civil liberties abuses, a small group of people decided to take a stand, and thus was born the American Civil Liberties Union.
The ACLU has evolved over the past 90 years from a small group of idealists committed to protecting Americans’ civil liberties into the nation’s premier defender of the rights enshrined in the U.S. Constitution.
With more than 500,000 members, 53 state affiliates, nearly 200 staff attorneys and thousands of volunteer attorneys, the ACLU of today continues to fight government abuse and to vigorously defend individual freedoms including speech and religion, a woman’s right to choose, the right to due process, citizens’ rights to privacy, and much more.
The ACLU stands up for these rights even when the cause is unpopular, and sometimes when nobody else will.
Above:
While it would be impossible to present the ACLU’s rich history in its entirety in this space, this exhibit highlights the important work of the organization across a broad spectrum of issues and illustrates the major contributions the ACLU has made to improve the lives of all Americans.
For more information about the ACLU's 90th Anniversary Exhibit please visit http://www.aclu90.org/index.html
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Celebrate Human Rights Day
with the ACLU of Utah & the Salt Lake City Human Rights Commission
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Above: Members of the Human Rights Commission accept the ACLU of Utah’s Torch of Freedom Award in May 2010. |
Human Rights Day is celebrated all over the world on Dec. 10, the anniversary of the United Nation General Assembly’s adoption of the Universal Declaration of Human Rights in 1958.
This year, you can celebrate with the ACLU of Utah and the Salt Lake City Human Rights Commission, at a special after-hours program at the Salt Lake Public Library, against the backdrop of the ACLU’s 90th Anniversary Exhibit (see opposite page).
During this joint reception - which is free and open to the public - Salt Lake City Mayor Ralph Becker will continue his annual tradition of reading the Declaration in its entirety.
We will also hear from Erin Bennett, Director of the Colorado chapter of 9to5 National Association of Working Women; 9to5 supports and advances the cause of working women throughout the U.S. The group played a key role in defeating a ballot initiative in Colorado that sought to ban, by constitutional amendment, all state equal opportunity programs. Utah faces a similar proposal in the coming 2011 Legislative Session.
Ms. Bennett will discuss the importance of equal opportunity programs in advancing equal rights and equal protection for women (as well as other historically marginalized groups) across the nation and throughout history.
After the program, attendees are welcome to enjoy light refreshments as they wander through the ACLU’s 90th Anniversary Exhibit, which will be on display in the Library’s atrium.
DECEMBER 10
6:30 pm - 8:00 pm
6:30 to 7:15 - Main Library Auditorium
- Reading of Universal Declaration of Human Rights by Mayor Ralph Becker
- Presentation by 9to5 National Association of Working Women
7:15 to 8:00 - Library Atrium
- Light Refreshments
- ACLU 90th Anniversary Exhibit
- Gifts & crafts for sale by refugee artists and artisans with ZeMinXiao
Please Share this Season!
Suggested Donation:
The SLC Human Rights Commission asks that attendees bring warm “winter items” (coats, socks, scarves, gloves) to donate to refugee families served by Catholic Community Services.
For more information about the reception or the exhibit, please contact ACLU of Utah Development Director Anna Brower at (801) 521-9862, ext. 100
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ACLU of Utah Seeks Records About FBI Collection Of Racial And Ethnic Data
This summer the American Civil Liberties Union of Utah joined thirty-one other ACLU affiliates in asking the Federal Bureau of Investigation to turn over records related to the agency’s collection and use of race and ethnicity data in local communities. According to a 2008 FBI operations guide, FBI agents have the authority to collect information about and map so-called “ethnic-oriented” businesses, behaviors, lifestyle characteristics and cultural traditions in communities with concentrated ethnic populations. Although some racial and ethnic data collection by some agencies might be helpful in lessening discrimination, the FBI’s attempt to collect and map demographic data using race-based criteria for targeting purposes invites unconstitutional racial profiling by law enforcement, says the ACLU.
“The public deserves to know how the FBI is implementing a race-based domestic intelligence program with such troubling implications for civil rights and civil liberties,” said Darcy Goddard, Legal Director of the ACLU of Utah. “We should all be concerned with the federal government collecting race-based data to track, or ‘map,’ supposed ‘behaviors’ or ‘characteristics’ of certain members of our community—especially when we do not know exactly what types of information are being collected and how the data is being protected from misuse.”
The FBI’s power to collect, use, and map racial and ethnic data in order to assist the FBI’s “domain awareness” and “intelligence analysis” activities is described in the 2008 FBI Domestic Intelligence and Operations Guide (DIOG). The FBI released the DIOG in heavily redacted form in September 2009. A less censored version was not made public until January of this year, in response to a lawsuit filed by Muslim Advocates. Although the DIOG has been in effect for more than a year and a half, very little information is available to the public about how the FBI has implemented this authority.
“Creating a profile of a neighborhood for criminal law enforcement or domestic intelligence purposes based on the ethnic makeup of the people who live there or the types of businesses they run is unfair, un-American and will certainly not help stop crime,” said Michael German, ACLU policy counsel and former FBI agent.
For more information please visit http://www.acluutah.org/equal.shtml
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ACLU of Utah Takes Action In Response To Utah’s Immigration Blacklist
In mid-July, Utah made national headlines when a list of some 1300 Hispanic residents of Utah, purported to be in the United States unlawfully, was circulated and sent to ICE, various other state and federal agencies, and the media. As the story unfolded, it was revealed that state employees from the Department of Workforce Services (“DWS”) databases compiled “the blacklist.”
In response, the ACLU of Utah, as well as the national ACLU and other ACLU affiliates, and a wide variety of organizations across the country signed on to a letter to the Department of Homeland Security (“DHS”), requesting that ICE not rely on the blacklist to pursue any immigration enforcement action. DHS responded in a timely fashion, agreeing that it would not use the names figuring on the blacklist for enforcement purposes.
Meanwhile in Utah, Attorney General Mark Shurtleff was originally vocally critical of the DWS employees’ actions, but in subsequent communications, indicated that his office might look into whether those named on the blacklist had engaged in identification fraud.
Dismayed by this seeming change of heart, the ACLU of Utah, along with various Utah organizations and individuals, sent Attorney General Shurtleff a letter, requesting that he too agree not to make use of the information contained in the blacklist.
“The vigilantism involved in creating and distributing ‘the list’ is as deplorable as it is illegal,” said ACLU
of Utah Legislative and Policy Counsel Marina Lowe. “The individuals on that list are victims of a particularly egregious breach of privacy. State employees, who were entrusted with extremely sensitive personal information about vulnerable individuals who had applied for social welfare benefits to which they are legally entitled, wrongfully took and distributed that information to further their own political agenda. The exclusionary rule generally prohibits government from utilizing illegally obtained evidence in criminal cases, and the Attorney General should follow that rule in this case.”
Unfortunately, the ACLU of Utah has received no response from the Attorney General. We are seeking a meeting with him to follow up with the concerns expressed in the letter.
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ACLU Immigrants’ Rights Expert Comes To Utah
On September 17, Cecillia Wang, Managing Attorney with the national ACLU Immigrants’ Rights Project,
conducted a Continuing Legal Education class for Utah attorneys on “Immigration Enforcement by Local Police Agencies: Current Civil Rights and Civil Liberties Issues.”
Her presentation included information on topics such as local law enforcement practices that result in racial profiling and Fourth Amendment violations as well as constitutional issues with federal immigration policies.
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ACLU Participates in Salt Lake City Anti-discrimination Campaign
The ACLU of Utah has been part of the Salt Lake City’s Anti-discrimination campaign since the beginning planning phase. The Salt Lake City Mayor’s Office of Diversity and Human Rights invited leaders and organizations that focused on helping the under served members of our community to participate in the campaign a little over one year ago. The planning committee is made up of various local and state agencies and public and private organizations, including the ACLU of Utah. Members of the planning committee met throughout the last year to discuss the most effective method of accomplishing the goal of educating the immigrant and refugee community as to their rights in employment.
During the planning phase, it was decided that in order to fully protect immigrants and refugees it would also be necessary to educate and provide resources to employers as to the rights of their employees. Thus, the Anti-discrimination campaign is divided into two phases. Phase one focuses on educating the immigrant and refugee community as to their rights in employment. Phase two, which is still in the planning phase, will focus on educating employers.
Phase one of the campaign is a series of presentations throughout Salt Lake City in both Spanish and English. The presentation is made up of three parts put together and presented by the Utah Labor Commission, Workers Compensation of Utah and the ACLU of Utah. Each of the three organizations focuses on their respective areas of expertise. The Utah Labor Commission discusses workers’ rights in employment including, but not limited to, Title VII discrimination, wages, and other services provided by the Utah Labor Commission. Workers Compensation presents on worker safety and how to file a claim. The ACLU of Utah presents on “Miscellaneous Issues in Employment” addressing issues in employment that fall beyond the purview of the other two organizations. The information provided by the ACLU of Utah is based on known challenges faced by immigrants and refugees who do not understand the legal system in the U.S. and may fall prey to unscrupulous employers.
A common misconception for many immigrants is the use of a social security number and a taxpayer identification number, better known as a tax ID number. It is common for individuals to confuse the use of these two documents. The presentation addresses the differences between a social security number and a tax ID number, emphasizing the importance of not using someone else’s social security number and the criminal consequences of committing fraud. In addition to identifying the difference between a social security number and a tax ID number, the presentation briefly explains the e-verify system and its connection to the I-9 form, once again emphasizing the importance of not providing false information on any employment form. The information provided in the presentation is simple yet essential and it has been positively received by the participants at the presentations so far.
Immigration detention at the job site is another area that causes great confusion and concern amongst the immigrant and refugee community. The ACLU addresses work site raids in its part of the presentation, focusing on individuals’ rights when encountering law enforcement. Although immigration detention is most often a civil matter, it is dealt with like a criminal matter because immigration detentions look like criminal detentions. Immigration and Customs Enforcement (ICE) agents make the detention, often in collaboration with local law enforcement, and individuals will ultimately end up in jail as if they had committed a crime rather than a civil violation. Nonetheless, ICE agents must comply with federal law when making detentions. Constitutional protections of due process apply in all immigration detentions. Due process applies to all individuals in the U.S. when encountering law enforcement regardless of document status.
The three organizations have made presentations at the Sorenson Unity Center in collaboration with the non-profit organization, Comunidades Unidas, the Horizonte School in collaboration with United Africans of Utah, and at the Centro Civico Mexicano. There will be a fourth presentation also at the Centro Civico Mexicano, date to be determined.
More information can be found at http://www.slcgov.com/mayor/divHR/
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Community Panels Discuss Utah Immigration Issues
In response to growing anti-immigrant fervor in Utah, the ACLU of Utah and various community partners, including the Salt Lake City Public Library and the Enriching Utah Coalition, convened a two-part community discussion on immigration.
In September, community members turned out to hear a discussion about the legal and social consequences underlying immigration in Utah. Panelists for the first event, entitled, “The Past, Present & Uncertain Future of Immigration,” included: Utah Attorney General Mark Shurtleff, Former U.S. Attorney Brett Tolman, BYU Professor of Sociology Charlie Morgan, ACLU Immigrants Rights Project Managing Attorney Cecillia Wang and immigration attorney, Aaron Tarin.
In October, the ACLU and other groups organized the second panel discussion, this time focused on the consequences for states engaging in immigration enforcement. Entitled “From Arizona to Utah: State Enforcement of Federal Immigration Law,” panelists included: State Senator Luz Robles, State Representative Chris Herrod, Salt Lake City Chief of Police Chris Burbank, Father Martin Diaz of the Catholic Church, and Kevin Taylor of the Liahona Self Reliance Foundation.
Both events were broadcast live on KCPW. Those who missed out on the lively discussions can listen by following the links at www.acluutah.org/immigration.shtml
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| Panelists at the second discussion |
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Proposed Sale of Manti Street Raises Significant First Amendment Concerns
After receiving numerous complaints regarding the proposed sale of a Manti city street to the LDS Church, the ACLU of Utah on August 18 sent a letter to the Manti City Council, which was set to make a decision about the sale at their meeting that night. After receiving the ACLU letter and hearing public testimony in opposition to the sale, the city postponed making a decision until all the legal ramifications had been considered.
“Citizens of Manti were justifiably concerned that such an important decision with such serious potential constitutional ramifications might be made with so little public discussion,” said ACLU of Utah Legal Director Darcy Goddard. “We have offered to meet with the City, and are eager to learn and make available to the public additional details about the proposed sale.”
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| Crowds gather for the annual Mormon Miracle Pageant at the Manti temple |
The street, 100 East between 400 and 500 North, runs beside the LDS Temple, and has traditionally been used as a public thoroughfare and public forum for people of all religious and political persuasions, particularly during the annual week-long Mormon Miracle Pageant, which attracts tens of thousands of visitors. The ACLU letter discussed the important First Amendment rights that would be threatened if the street were to be sold to a private entity, and the lack of public knowledge or involvement prior to the city council meeting. The ACLU followed up on August 20 with a public information (GRAMA) request asking to review documents associated with the proposed sale.
“There are First Amendment concerns,” Ms. Goddard said. “But there’s really not that much information available right now. It’s very difficult, if not impossible, to know how they’re going to structure the sale. This particular area has traditionally been used by people seeking to exercise their First Amendment rights. Whenever you have a situation where a public entity is considering selling that kind of property to a private entity, religious or not, there are concerns and a need for public discussion.”
The ACLU of Utah continues to be in discussion with city leaders regarding this issue.
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The Director’s Chair
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Karen McCreary
Executive Director |
The ACLU of Utah has been Utah’s guardian of liberties for over 53 years. Every era has its challenges when the need for the ACLU‘s work presses in from many quarters. These times are no different. We are taking important, principled stances on many fronts: opposing the over-reaching and unconstitutional Ogden gang injunction; supporting free expression rights of students seeking to form Gay-Straight Alliances in high schools statewide; opposing immigration policies that violate the privacy, due process and equal protection rights of Americans; protecting the rights of individuals without means to obtain public defenders in our criminal justice system; and enhancing the transparency and accessibility of our governmental structures. The need for an active, strong and vocal ACLU in Utah continues. We are gearing up for a demanding legislative season and preparing to pursue our legal challenges for the proverbial “long haul.” We are also working with diverse coalitions to address systemic issues that perpetuate inequalities and injustices across our state. We are committed to doing our part to make Utah a more just and free place for everyone.
We have added staff and resources over the past three years to enhance our capabilities and capacities in the legislative, policy, and legal arenas. Our staff has nearly doubled and is aided by a fantastic group of volunteers including legal interns, licensed attorneys, graduate students, and retired professionals. Our board is proactive, strategic, and responsive. There is no other organization in Utah addressing this breadth of issues, with our expertise, experience, and national support.
In short, we care passionately about our work and will make the most of our opportunities and challenges in these difficult times.
We gain strength and support through the passion and commitment of you, our members and supporters. You counter the nihilism so prevalent in these times with a resolute belief that we can all make a positive difference in the world. We can’t guarantee that the next several months will not try your patience or shake the faith of people who care about civil liberties. But with your support, we can guarantee that the ACLU will be a voice for reason, fairness, and fundamental principles of justice in Utah.
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The President’s Corner
The ACLU of Utah is here for you. It needs you to be here for it too.
I am sure most of you reading this article will agree that the ACLU of Utah fills a critical need, in a unique way in our unique state. We are the only organization in Utah working full-time to protect and expand all of the individual rights enumerated in the Constitution and the Bill of Rights. We often find ourselves alone in the legal process, with nobody else between the protection of these rights and the implementation of policies spawned by overzealous government.
The ACLU of Utah was defending the Constitution before it was a trendy political tag line. A tag line often employed by people who not only do not understand the very rights they profess to embrace, but who, in the next breath, advocate infringing upon those rights. We, at the ACLU of Utah, take difficult stances based on principle and consistently stand on that principle. We are known for this consistency.
On the other hand, what is not so well known is that the ACLU of Utah exists almost entirely on donations made by generous individuals statewide. Whether its $50 from a teacher in Cedar City, or $1,000 from a doctor in Ogden, or even $10,000 from a businessman living along the Wasatch Front, your donations are what keep us alive.
It may not be understood that the ACLU of Utah receives very few foundation or corporate grants. We receive some support from our national ACLU office – but that support also represents donations and bequests from generous individuals – people around the nation who understand how important it is to build up small ACLU offices like ours here in Utah…where we are needed most!
The humbling fact is that most of financial support for the ACLU of Utah comes from thoughtful, caring, intelligent people around this state who know that there must always be an ACLU presence in Utah. We express our heartfelt gratitude to all of you who have and continue to help with your contributions.
I thought remembering the ACLU of Utah at this time may be helpful because it is the time of year when many of us make our end-of-year charitable contributions, and I want to remind you that the need to defend our civil liberties remains as urgent as ever.
As president of the Board, it is my responsibility – and that of all my fellow Board members – to ensure that the ACLU of Utah remains healthy and strong enough to stand and speak on behalf of all of you, and of those less fortunate, for years to come. Help me accomplish that task by sending your gift, in the enclosed remittance envelope, today. I cannot image a more precious gift that we could give to our great great grandchildren than the gift of civil liberty.
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About the ACLU of Utah
Founded in 1920, the American Civil Liberties Union 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 ACLU 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, expression, and association; freedom of religion, including the separation of church and state; the right to privacy; safe prison and jail conditions; and equal protection and due process of the laws.
Staff
Karen McCreary, Executive Director
Darcy Goddard, Legal Director
Anna Brower, Development Director
Marina Baginsky Lowe, Legislative and Policy Counsel
Esperanza Granados, Public Policy Advocate
Reinard Knutsen, Office Manager
David Hobbs, Intake Coordinator
Board of Directors
Jennifer Allred, Rebecca Chavez Houck, Beverly Dalley,
Debra S. Daniels, Erika George, Lincoln Hobbs, Iqbal Hossain,
Bonnie McBride Huntsman,
Andy McCullough, Tarek Nosseir,
David Reymann, Andrew Riggle,
Jill Sheinberg, Zain Siddiqui, Richard Van Wagoner, Robert Wood, Doug Wortham
Legal Panel
Jensie Anderson, Tim Chambless, Stephen Clark, Laura Kessler, Kathleen McDonald, Tom Mitchell, Cathy Roberts, Emily Smith,
Karen Stam, Mary Woodhead
Interns and Volunteers
Jessica Elliot-Barlow, Mikkela Blanton, Sarah Brown, Peachie Jones, Katherine Kang,
Darrick McCasland, Christina Saunders, Robert Saunders, Patrick Solomon, Herta Teitelbaum,
Yuhe Faye Wang
Contact Information
355 North 300 West
Salt Lake City, UT 84103
Phone: (801) 521-9862
Fax: (801) 532-2850
aclu@acluutah.org
www.acluutah.org
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