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P.O. Box 750 ELLEN SAMUEL Newark, NJ 07101 President Tel: 973 642 2086 DEBORAH JACOBS Fax: 973 642 6523 Executive Director email@example.com EDWARD BAROCAS www.aclu-nj.org Legal Director JOHN MEDINA Paralegal HELEN FORD Intake Manager/Legal Associate 2003-2004 LEGAL DOCKET Meadowlands Stops Clowning Around Free Speech & Expression With Animal Rights Group PETA v. New Jersey Sports NEW & Exhibition Authority Kitchen Sinks States' Subpoena for dents to air grievances about their school. He US District Court/Direct Student Documentary Materials created it on his own time from home. For this, Ed Barocas/ACLU-NJ Legal Director Dwyer received a five-day suspension, was dis- Robert Marshall v. Terhune NEW qualified from the school baseball team, was not The ACLU-NJ successfully represented People U.S. District Court, Camden/Direct allowed go on the annual class trip, was not per- for the Ethical Treatment of Animals (PETA) in a Bruce Rosen/McCusker, Anselmi, Rosen, Carvelli & Walsh; mitted to take Advanced Placement tests for free speech case involving the right to leaflet at the Robert Balin, Matthew Leish/Davis Wright Tremaine high school, and was forced to take down his Meadowlands, outside of Continental Airlines web site. Nothing Arena. PETA was denied the right to park their The ACLU-NJ successfully defended the free Dwyer posted on his truck (from which they were presenting video- press rights of Rowan University student film website was threaten- tapes regarding the treatment of circus animals) maker Jason Kitchen when the State of New Jersey ing or terribly offen- outside of the Arena while the Ringling Brothers subpoenaed his notes and unedited videotaped sive. However, the Circus was performing. PETA secured a interviews with death row inmate Robert Marshall. school administration Temporary Restraining Order (TRO) that allowed The interviews were conducted for a documentary apparently objected to them to park their "Reality TV" truck at the as part of his Television Documentary Production the part of the web- Continental Airlines Arena during Ringling Bros. course. These were the first filmed interviews of site known as the Circus shows and allowed PETA to leaflet, but only Marshall since his conviction in 1986. The State of "Guestbook" which in the area around the truck. The case has now New Jersey wanted the material in case it might contained postings by been resolved and PETA may engage in free speech assist in the State's defense of Marshall's federal other students who activity at the Arena on the dates of the Ringling petition challenging his death sentence. At issue in logged onto the web- Bros. events. This case was closed in 2003. this case was (1) whether journalists' privilege, a site, some of which public policy that shields the press from compelled the principal con- Webmaster Ryan Dwyer Libraries Open Doors to Greens disclosure of their newsgathering materials, covers strued as threatening student filmmakers such as Kitchen; and (2) or offensive. However, Dwyer had a disclaimer Green Party v. Hamilton NEW whether in this particular case the State could over- on the Guestbook Page that stated: "NO PRO- and Trenton Townships ride the presumption against disclosure. Federal FANITY (that's curse words and bad words) and Advocacy/Direct no threats to any teacher or person EVER. If you Bennet Zurofsky, Timothy McCarthy/Reitman Parsonnet think it may be a bad word or it may be threat- ening DO NOT TYPE IT IN."When students The ACLU-NJ stepped in when the Hamilton posted inappropriate material, the posters were and Trenton Public Libraries would not permit the promptly informed that such statements were Green Party to use library meeting rooms for party not permitted. The identities of the posters were gatherings. Hamilton had a policy that permitted not hidden. Nevertheless, Dwyer received a far meetings of "an educational, cultural or civic harsher penalty than any of the students who nature" but did not permit "religious, purely social, actually used profanity or threats. The school has individual, commercial or political meetings." never told Dwyer and his parents exactly what Trenton's policy said that the library "may not be school policy or rule Dwyer violated. On used for sales, fundraising, purely personal func- December 18, 2003, the ACLU-NJ filed a suit tions, or partisan activities." The ACLU-NJ agreed against the Oceanport School District for violat- to represent the Green Party and persuaded both ing Dwyer's right to free speech and due process. townships to alter their policies to permit political meetings. This case was closed in 2003. Student journalists Jason Kitchen, Lindsay McConnell and Professors' Call Special Access Cheryl Kurn, and ACLU-NJ cooperating attorney Robert Balin. N ACLU-NJ Fights for Inmates' Right Requirement for the Armed Forces to Receive ACLU Prison Project " Un-"FAIR" courts have recognized a qualified privilege pro- tecting journalists from the compelled disclosure of Newsletter Forum for Academic and NEW both confidential and non-confidential sources and In the Matter of National NEW Institutional Rights (FAIR) newsgathering information. In order to overcome Prison Project Journal v. Rumsfeld the privilege, the party seeking disclosure (here, the Advocacy/Direct U.S. Court of Appeals for the Third Circuit/Amicus State) must make a "strong showing" that 1) the John Medina/ACLU-NJ Paralegal Lawrence Lustberg, Philip Gallagher, Jonathan information sought is relevant; 2) the information is Hafetz/Gibbons Del Deo Dolan Griffinger & Vecchione "necessary" and "crucial" to the claim; and 3) there is "no other source for the information requested." The ACLU-NJ successfully represented the The ACLU-NJ filed a brief supporting law school On September 3, 2003, Judge Joseph E. Irenas ruledACLU National Prison Project (NPP) in oppos- professors and student organizations challenging that Kitchen's work was protected by the press ing the confiscation of an issue of the NPP the "Solomon Amendment," which requires that privilege. He further held that the State could not Journal by officials of the Mountainview Youth the Armed Forces get special access on public law make a strong showing on any of the three criteriaCorrectional Facility (MYCF). MYCF objected school campuses for recruitment efforts. needed to overcome that protection, especially to an article that described a lawsuit in Texas in The plaintiffs claim that the Solomon since the State was afforded the opportunity to which an inmate alleged abuse by prison guards. Amendment violates their free speech rights as (1) question Mr. Marshall himself at a deposition. TheMYCF confiscated the NPP Journal because the the law forces schools to violate their own non-dis- judge referred to the state's subpoena as a "fishing article "portrayed officers in a very bad light." crimination policies which would include not pro- expedition." This case was closed in 2003. We wrote to the Commissioner of the viding access to the Armed Forces, which discrim- Department of Corrections and demanded that inates against gays and lesbians through the "don't N ACLU-NJ Defends 8th Grader in he overturn the MYCY determination and that ask, don't tell" policy; and (2) the students are Online Speech Challenge the article be returned to the inmate from being denied their ability to adequately receive whom it was confiscated. MYCY's actions vio- that message the professors were trying to convey Dwyer v. Amato, et al. NEW lated the federal Constitution's First with the passage of the non-discrimination poli- Amendment right to free speech, the cies. The district court, however, denied the plain- US District Court/Direct Fourteenth Amendment's guarantee of due tiffs a preliminary injunction, finding that they Grayson Barber, Esq. process, and the New Jersey Administrative were not likely to succeed in the case. The plain- The ACLU-NJ represents Ryan Dwyer who, as Code that governs state prisons. On October 1, tiffs appealed. In addition to the question of suc- an eighth grader, was punished by the 2003, we received a response from ceeding on the legal claims, the government chal- Oceanport School District administration for Commissioner Devon Brown granting our lenged the standing of the professors' organization creating a website that provided a forum for stu- demands. on appeal because FAIR will not reveal its mem- Page 2 2 2003-2004 Legal Docket bership list, and challenged the standing of stu- permit application process. The City agreed to Firing Puts Fire Company in Hot dents to bring the case, because they can show no waive its requirements for Weaver to hold a public Water injury to their right to hear the professors' mes- memorial service, but would not rescind the hold Shoudy v. Roxbury Chemical Engine sage. The friend-of-the-court brief in which the harmless requirement for future applications. We Company, et al. ACLU-NJ and numerous other civil rights organi- filed suit in June 2002 and the town agreed to zations joined explains that the right of organiza- waive those requirements while the case is pend- United States District Court/ Direct tions (such as FAIR) to litigate on behalf of ing. Although the case is ongoing, the city has been Frank Corrado/ Rossi, Barry, Corrado & Grassi, P.C. unnamed members or clients has long been recog- ordered to pay much of the ACLU-NJ's attorneys' nized as an important aspect of the First fees to date because it has failed to respond to our The ACLU-NJ filed a lawsuit on behalf of Judy Amendment right of association. Further, the stu- requests for information under the discovery phase Shoudy, a first aid worker who was fired for hav- dents' inability to hear the message of others, and of litigation. ing exercised her constitutionally-protected to use and enjoy an academic environment, are right to free speech, against the Roxbury injuries sufficient to give the students standing in Online Internet Takeover Parody Chemical Engine Company No. 1 and other the case. The brief was submitted on January 12, Tweaks FBI related township defendants. Shoudy, a long- 2004. time member of the Roxbury Chemical Engine Mike Zieper. v. Ashcroft Company No. 1 and the Volunteer Fireman's N ACLU-NJ Gets "Weedman" Out of the U.S. District Court/Direct. Association, and the captain of Engine Company "Joint" No. 1's First Aid Squad, was concerned about the Chris Hansen/National ACLU dwindling First Aid Squad membership, believ- Forchion v. Bartlett I In December 1999, the ACLU-NJ filed a com- ing that it had a serious affect on the squad's plaint on behalf of Mike Zieper, an independent ability to make timely responses to rescue calls. U.S. District Court, Camden/Amicus filmmaker, who had published a short film on his She attempted to discuss the staffing problem Ron Chen/Rutgers Constitutional Litigation Clinic web site depicting a fictional take over of Times with her superiors, but was rebuffed. In March On September 20, 2000, Robert Edward Square on New Year's Eve 1999. An FBI agent and of 2001, believing that the situation threatened Forchion (a.k.a. "NJ Weedman") pled guilty to a an Assistant U.S. Attorney (AUSA) contacted the the health, safety and welfare of township resi- crime involving the sale of marijuana. As part of filmmaker and the Internet Service Provider and dents, Shoudy brought her concerns to the his plea, he was sentenced to ten years in jail with intimidated them into taking the site down. The Roxbury Township Council. The council praised the understanding that he would serve only six ACLU-NJ filed a suit against the Department of Shoudy for coming forward and unanimously months before being released and placed on an Justice, the FBI agent, and the AUSA challenging voted to form a special committee to investigate Intensive Supervised Program (ISP), which began this action and their policy of censoring speech on and attempt to resolve the problem. Ten days on April 3, 2002. As a condition of ISP, Forchion the Internet. On June 25, 2002, the Court issued an later, the Roxbury Chemical Engine Company was ordered not to advocate the use of illegal order denying the government's motion to dismiss, No. 1 removed Shoudy as a member with no drugs. While steering clear of any illegal activity ruling that the government had violated Zieper's notice. The complaint alleges that Roxbury vio- pertaining to marijuana, Forchion continued his free speech rights. The government has now lated the United States and New Jersey long-time advocacy for drug policy reform and appealed that decision to the Second Circuit Court Constitutions by penalizing Shoudy for the exer- continued to express to the media and on his web- of Appeals. On April 2, 2003, the Second Circuit cise of her free speech rights regarding matters site his belief that our upheld the lower court's decision and, on of public concern. The defendants moved for drug laws are unfair. On December 18, 2003, denied the government's peti- summary judgment in November 2002. The mat- June 6, 2002, Forchion's tion to have an en banc rehearing. The government ter has now been fully briefed and we await a ISP officers arrested him has, if it chooses to do so, until March 18, 2004, to decision by the Court. after discovering that he petition the United States Supreme Court to review had disseminated a flier the case. N ACLU-NJ Keeps "Eye On" Internet protesting the drug laws. Free Speech Rights He was charged with a Homeowners' Association Pulls number of violations of Welcome Mat from Dissident Neighbors Donato, et al. v. Moldow, et al. his ISP program; however, New Jersey Superior Court, Appellate Division/Amicus he received the harshest Committee for a Better Twin Rivers v. Twin Paul Levy/Public Citizen sanctions for his distribu- Rivers Homeowners' Association tion of fliers and for giving The ACLU-NJ filed an amicus brief on behalf New Jersey Superior Court, Mercer County: Chancery interviews to the media. Robert Edward Forchion of "John Doe" defendants who posted messages Division/Direct Forchion was incarcerated (a.k.a. "NJ Weedman") on the "Eye on Emerson" website, which con- Frank Askin/Rutgers Constitutional Litigation Clinic for a few days and then placed on home confine- tains political commentary on issues in Emerson, ment with an ankle bracelet. A few weeks later, his In December 2000, the ACLU-NJ filed a lawsuit NJ. The anonymous posters, along with Steven ISP officers discovered that Forchion produced a on behalf of a dissident group of homeowners Moldow who runs the "Eye on Emerson" web- video advocating drug policy reform. Forchion was against the Twin Rivers Homeowners' Association site, were sued by public officials for libel. The then re-arrested and held in custody. Again, most (TRHA) complaining about several actions by the plaintiffs issued subpoenas to obtain the identi- of the reasons given for his arrest pertained to his Association Board of Trustees. The complaints ties of the anonymous posters. In two prior cases, videos, website, and interviews with media. The include violations of freedom of expression and Dendrite and Immunomedics, the ACLU-NJ was ACLU-NJ argued on behalf of Forchion that sub- association and denial of access to information by successful in ensuring that persons suing for libel jecting him to adverse action for his free speech officials of the TRHA. Specifically, our clients com- could not automatically obtain the names of activities concerning marijuana legalization vio- plain that they were denied access to the Twin anonymous web posters. In those cases the lates the First Amendment. The judge agreed with Rivers Community Room for an open public meet- appellate court held that an attempt must be our arguments and, on January 24, 2003, ordered ing regarding Board elections, although other resi- made to contact anonymous posters prior to any Forchion's release from jail and return to ISP. Less dents are allowed to use the room; they are prohib- disclosure of their identities, and that the court than a week later, ISP dropped all violations ited from posting Board election signs on commu- had to make preliminary findings based on the against Forchion. Despite that, in September 2003, nity property, while other residents post signs facts of each case before disclosure of the posters' the State moved for summary judgment, asking the about other issues; despite numerous requests, they identities. In the "Eye on Emerson" case, a notice Court to essentially reverse its prior legal opinion. have been denied access to financial and other was placed on the website, hoping to reach the The ACLU-NJ filed a brief in opposition and we records maintained by the TRHA; they have been anonymous posters. However, many of the await a decision from the court. prohibited from taping open Board meetings and anonymous posters being sued have not come denied a copy of the official tape of these meetings; forward to challenge the disclosure of their Hold Harmless Provision Harmful to they have been denied access to lists of eligible vot- names. The ACLU-NJ took the position that the Free Speech Rights ers and thereby prevented from effectively cam- court must still make the necessary preliminary paigning for spots on the Board; and the findings before allowing disclosure, despite the Weaver and Hamm v. City of East Orange Association's monthly newsletter delivered to all failure of the anonymous posters to appear residents has been used to promote the current before the court to object. Our brief also sets New Jersey Superior Court, Essex County/Direct Board and president and has refused access to the forth that the website owner (Moldow) cannot Lynn Miller, Arthur Miller/Miller & Miller dissident group. The ACLU-NJ has raised claims be held liable for the postings placed on his site. Lawrence Hamm, President of the People's alleging violations of the common law, state On January 2, 2002, the court held that the Organization for Progress (POP), and Mary statutes and the New Jersey Constitution. The case defendants did not specifically identify which Weaver, a POP member whose son was killed by seeks to establish that free speech rights under the postings were libelous and did not provide suffi- the East Orange police, have attempted to hold a New Jersey Constitution apply to large private con- cient notice to the posters. The court also dis- number of rallies, marches, and memorials in East dominiums such as Twin Rivers. On February 17, missed some of the claims against Moldow relat- Orange. However, the city has required permit 2004, the trial court judge ruled that THRA violat- ed to his liability for postings. The plaintiffs have applicants to obtain a one million dollar insurance ed some of plaintiffs' free speech and voting rights appealed. The brief in support of their appeal policy and to sign hold harmless agreements as a under a state statute, namely the Planned Real was submitted in December 2003, and the condition of applying for a permit. When Weaver Estate Development and Full Disclosure Act. ACLU-NJ is preparing to file an amicus brief in and Hamm submitted applications without obtain- However, the court further held that the free response. ing insurance, their permit applications were speech protections of the New Jersey Constitution denied. The ACLU-NJ sent letters informing the do not extend to claims against private homeown- Stand up for freedom – City of East Orange that we would sue on Weaver's ers associations, even if they act essentially as a and Hamm's behalf if the insurance and hold town in and of themselves. We intend to appeal the because freedom can't protect itself. harmless requirements were not removed from the trial court's ruling. 2 2003-2004 Legal Docket Page 3 N ACLU-NJ Fights for Peace and Justice highways, alleys or any other public place in the in Pleasantville City of Pleasantville." The permit must be approved by both the Chief of Police and the Mayor, and Coalition for Peace and Justice v. City of there are no limits placed on their discretion. The Pleasantville penalties include a fine of up to $1000 and up to 90 United States District Court/Direct days in jail. The ordinance also required the appli- Frank Corrado/ Rossi, Barry, Corrado, Grassi & Radell cant to purchase a policy for liability insurance, with the amount of insurance to be determined by The ACLU-NJ represented members of the the town's "Joint Insurance Fund's Special Events Coalition for Peace and Justice, an anti-war group Schedule." After negotiations with the ACLU-NJ, that challenged the City of Pleasantville's free the city agreed not to enforce the ordinance against speech permit requirements. The Coalition attempt- the Coalition members and to revise their ordi- ed to hold an event in Pleasantville on October 9, nance. Unfortunately, Pleasantville's revised statute 2001, in protest of bombings in Afghanistan. did not adequately protect free speech rights and, in However, police threatened the Coalition members May 2003, the ACLU-NJ filed suit. After the ACLU- with arrest if they did not leave. The following day, NJ filed a motion for an injunction, Pleasantville a Coalition member went to apply for a permit and agreed to amend its ordinance again "so that any was told that he needed an appointment with the event involving activity protected by the First Chief of Police to do so. Eventually, the police told Amendment will not require a permit from the City, the group that they must apply by mail and that it so long as that event does not require closure of a might take two weeks for a response. The permit public street, sidewalk, alley, public right-of-way, or ordinance in question requires any "procession or other property owned or controlled by the City." As parade of any kind" to obtain a permit before it may such, the Coalition was no longer subject to the "pass, congregate or be in or over any of the streets, ordinance. This case was closed in 2003. Racial Discrimination Probationers and Parolees Fight for sor to leave the plane. After their removal, the flight N ACLU-NJ Supports Challenge Voting Rights supervisor explained that the pilot said that a pas- Regarding De Facto Segregation senger was uncomfortable with their presence. Caused by Charter School NAACP v. Harvey NEW Dasrath, Cureg, and Cureg's professor had to wait New Jersey Superior Court, Union County/Direct hours for a later flight, which flew to Orlando as In the Matter of Red Bank Charter School Frank Askin/Rutgers Constitutional Litigation Clinic; there were no more flights to Tampa. The men were New Jersey Superior Court, Appellate Division/Amicus Laughlin MacDonald/ACLU Voter Rights Project placed on the later flight without any additional Philip Gallagher/Gibbons, Del Deo, Dolan, Griffinger & security checks. Our complaint against the airline Vecchione The ACLU-NJ and Constitutional Litigation Clinic raises claims under both federal and state laws at Rutgers Law School filed a lawsuit on January 6, against discrimination. Continental filed a motion to 2004, challenging the denial of voting rights to per- dismiss the complaint. Oral argument on that The ACLU-NJ filed an amicus brief in this case sons on probation or parole in New Jersey. The law- motion was held on October 15, 2002 and the judge involving a challenge to the State Department of suit, the first in the nation ruled in our favor. The judge held that we had pre- Education's approval of the expansion of the Red to raise a state constitution- sented sufficient evidence to support our allegation Bank Charter School. New Jersey statutes permit al challenge to such a law, PRINTER'S that the pilot's action was based on discrimination public funding to be used for charter schools. maintains that because FPO and that pilots are not exempt from discrimination However, the New Jersey State Supreme Court minorities are vastly over- laws. As such, the case will move forward. held that there is a "constitutional command" to represented in the criminal prevent segregation (including de facto segrega- justice system, our laws tion) in our public schools which must be read denying probationers and INSERT N ACLU-NJ Sues Swimming Pool Owner into the statute. As such, in determining whether parolees the right to vote with Whites-Only Policy O or not to grant charter school status or approve result in a denial of the New QUILES PIX expansion, the State Commissioner is required to Jersey Constitution's guar- Shepard, et al. v. Le Terrace Swim Club, et al. assess (1) how the charter school will affect the antee of Equal Protection racial balance of the district from where it draws New Jersey Superior Court, Law under the law. Plaintiffs in its students; and (2) the economic impact on the Division/Direct the suit are the New Jersey district. Zenon Quiles Anne McHugh/ Pellettieri, Rabstein & Altman State Conference of the While there is apparently nothing overt in the NAACP, the Latino Leadership Alliance of New charter school to cause segregation, there is Jersey, Councilwoman Patricia Perkins-Aguste and On August 22, 2002, the ACLU-NJ filed suit in state nonetheless a great disparity in racial composition Councilman Carlos J. Alma, both of Elizabeth, and court against the LeTerrace Swim Club in Nutley, NJ, between the charter school and the Red Bank ten individuals on parole or probation. which engaged in discrimination against non-whites Public School. Nevertheless, the Commissioner by excluding them from joining and from using the agreed to expand the Charter School from just facilities as guests. The lawsuit is based upon the New middle school grades to kindergarten through 8th N ACLU-NJ Sues Continental Airlines for Jersey Law Against Discrimination (LAD). The pool grade. The Red Bank Board of Education has now Discriminatory Deplaning club, a privately owned business, is subject to the appealed to the Appellate Division. The charter LAD as it is "a place of public accommodation" that is school argued before the Commissioner that the Dasrath v. Continental Airline not "distinctly private" (i.e., it is not an "association- decrease in white enrollment in the public schools al" club and it advertises to the general public). In one should be blamed on white flight, not on the role Cureg, et al. v. Continental Airlines instance, the Russos, a white family who were mem- of the charter school. They also argued that the United States District Court/Direct bers, attempted to take Marci Shepard, a 17 year-old reason why a higher percentage of whites attend- Reggie Shuford, Vince Warren, Amrit Singh/National ACLU African American girl they had taken into their home ed the charter school is that it draws students from after her father died, to the club as their guest. A club the local private schools, not the public school sys- The ACLU-NJ and the National ACLU have sued employee told them that no more guests were tem. They further argue that, in assessing whether Continental Airlines on behalf of Michael Dasrath allowed in that day. Thereafter, however, the there is segregation, the Commissioner should and Edward Cureg, who were discriminated against employee allowed in other members and their white look at the overall make-up of the town as when removed from a Newark-to-Tampa flight on guests. When Ms. Russo complained, she and her opposed to the make-up of the public school prior December 31, 2001. Dasrath and Cureg, who did not children were told to leave the club. In another inci- to the charter being granted. We argue that the know one another, were both flying to Tampa to be dent, the Giordano family attempted to host their town cannot take funding away from the public with family for New Year's Eve. While the flight daughter's birthday party at the pool. The pool club schools in order to create a safe haven within the awaited take-off, Cureg, who is from the owner went over the list of guests with Ms. Giordano, system for white students for which they (the Philippines, spoke with his mathematics professor, and asked if any brown or black skinned children white families) no longer have to pay themselves. an Indian man who happened to be on the same were on the list. When told that there were such chil- We also agree with the Red Bank Board of Ed that flight. Dasrath, who is an American citizen original- dren on the list, the owner told Ms. Giordano that the make-up of the public school provides the ly from South America, sat in his assigned seat one they would not be welcome at the club. The appropriate figures for comparison with the char- row behind them and did not converse with them. Giordanos moved the party to another location. ter school. Oral argument is scheduled for A female passenger walked up the aisle to first class Discovery is expected to be completed in early 2004. February 3, 2004. on a few occasions and stared at the three men. She then summoned the pilot and told him that "three brown-skinned men are behaving suspiciously." The pilot failed to ask the woman to elaborate on those behaviors. Instead, he left the cabin area. Freedom is Why We're Here Thereafter, a flight supervisor came aboard the plane and asked Dasrath, Cureg and Cureg's profes- Page 4 2 2003-2004 Legal Docket Government Secrecy ACLU-NJ Staff N ACLU-NJ Sues for Public Access to ACLU-NJ filed a lawsuit in federal district court Deportation Hearings challenging the Creppy Memo on First Amendment grounds, representing the New North Jersey Media Group, et al. v. Ashcroft, et al. Jersey Law Journal and North Jersey Media Group, United States Court of Appeals for the Third Circuit/ Direct owner of the Herald News, which sought to send Lawrence S. Lustberg, Shavar Jeffries/Gibbons, Del Deo, reporters to cover the hearings. We argued that Dolan, Griffinger & Vecchione; Steve Shapiro/ACLU; Lucas the government cannot impede upon the long- Guttentag, Lee Gelernt/ACLU Immigrant Rights Project; standing history of openness in court proceeding, Nancy Chang/ Center for Constitutional Rights; David Cole/ including immigration proceedings, and that the Georgetown Law School blanket non-disclosure requirement (as opposed to the case-by-case determinations) was not a nar- On September 21, 2001, Chief U.S. Immigration rowly tailored means of furthering the govern- Judge Michael Creppy issued a memo stating that ment's interests. District Court Judge John Bissell the deportation hearings of all post-911 "special found in our favor and the government appealed. interest" detainees must be closed to the press and On October 8, 2002, in a 2-1 decision, the Court of L-R, John Medina (Paralegal), Elizabeth Mera the public. The government identified "Special Appeals for the Third Circuit reversed the district (Administrative Assistant), Michelle Mulia-Howell interest" cases as those in which the detainee in court's opinion, holding that newspapers did not (Development Director), Edward Barocas (Legal Director), question has not yet been cleared of connections have a First Amendment right of access to depor- Eric McKinley (Office and Technology Manager), Helen Ford to terrorism by the FBI. Prior to the issuance of tation proceedings that were determined by the (Legal Associate/Intake Manager), Parastou Hassouri the Creppy Memo, immigration judges were per- Attorney General to present significant national (Immigrant Rights Specialist), Deborah Jacobs (Executive mitted to determine on a case-by-case basis security concerns. The ACLU-NJ filed a petition to Director), Deborah Leah Stapleton (Legislative Director). whether security or other reasons would require a have the United States Supreme Court hear the case to be closed to the public, with a presumption case. That petition was denied on May 27, 2003. in favor of open hearings. On March 25, 2002, the This case was closed in 2003. Gay & Lesbian Rights You Gotta Fight For Your Right property given that New Jersey recognizes "psy- but the Supreme Court denied the Petition for To Marry chological parents." (This holding comes from a Certification and dismissed the appeal. We then previous ACLU-NJ case, titled V.C., involving proceeded with our case against the University. Lewis, et al. v. Harris, et al. NEW visitation rights of a lesbian non-biological par- In January 2004, the New Jersey Legislature New Jersey Superior Court, Mercer ent.) We also argue that New Jersey laws allow passed a domestic partnership bill that will County/Amicus survivor benefits if there was a contract to adopt require the State to offer health care benefits for Ed Barocas/ACLU-NJ but it had simply not been completed, as in this the partners of employees in same-sex partner- case. We filed our brief in October 2003. ships. We await the promulgation of policies to On May 28, 2003, the ACLU-NJ submitted an effectuate the domestic partnership bill, so as to amicus curiae brief supporting seven same-sex ensure it will cover same-sex partners of plain- couples who seek the right to marry. We sub- N ACLU-NJ Asks Rutgers: R.U. Ready to tiffs who have retired but remain under the mitted the brief on behalf of numerous civil Give Equal Health Benefits to Same- State's pension and benefits plan. rights organizations including the ACLU-NJ, the American-Arab Anti-Discrimination Committee, Sex Partners? the Asian-American Legal Defense and AAUP v. Rutgers University State Supreme Court Refuses to Education Fund, the National Organization for Give Psychological Parent Status New Jersey Superior Court, Middlesex Women Legal Defense and Education Fund, and the National Organization for Women of County/Direct. "Retro" Look New Jersey. Our brief counters the State's Denise Reinhardt/Reinhardt & Schachter; Rosemary A.B. v. S.E.W. argument that the court should forego its obli- DiSavino; Julie Goldsheid/NOW Legal Defense & Education New Jersey Supreme Court/Amicus gation to resolve the constitutional claims pre- Fund, Elizabeth Zuckerman, Zuckerman & Fisher J.C. Salyer/ACLU-NJ sented and, instead, permit the legislature to decide what rights plaintiffs should be afford- The ACLU-NJ sued the State of New Jersey ed. On November 6, 2003, Judge Feinberg and Rutgers University over the denial of health This cases raised the issue as to whether the granted the State's motion for summary judg- benefits to Rutgers University's lesbian and gay New Jersey Supreme Court's previous decision ment, finding no constitutional right to gay faculty members for their life partners. Our in a case called V.C. – in which the Court deter- marriage under the New Jersey Constitution. claims against the State proceeded first. The mined that a same-sex partner can be deemed a That decision was appealed to the Appellate State determined that the plaintiffs – four "psychological parent" and therefore may be Division in December 2003. Rutgers faculty members and a dean – were not due visitation rights – can be applied to cases in entitled to health benefits for their partners which visitation rights were previously denied. under the State Health Benefits Plan (SHBP), A.B.'s initial request for visitation, heard before N ACLU-NJ Argues For Survivor Benefits which provides health insurance to all employ- V.C. was denied and A.B. did not appeal at the S for Child of Same-Sex Couple ees and their "dependents." The SHBP defines time. When A.B. applied again for visitation NEW "dependents" as "spouses" and employees' chil- post-V.C., her request was dismissed by the trial In the Matter of N.C. dren. The State argued that the SHBP only pro- judge, based on the fact that it had previously vided benefits to the legally married spouses of been litigated. After A.B. appealed, the Social Security Administration/Amicus employees. We argued that the term "depend- Appellate Division dismissed her case stating Romy Mancini/ACLU Lesbian & Gay Rights Project (LGRP) ents" in the SHBP should be interpreted broad- that, if V.C. is to apply retroactively, then a ly to encompass gay and lesbian life partners of directive must come from the New Jersey The ACLU-NJ, in conjunction with the ACLU Rutgers' employees. We further argued that to Supreme Court, not the Appellate Division. The LGRP, filed an amicus brief in support of a five- deny plaintiffs health insurance benefits – a ACLU-NJ filed an amicus brief on June 7, 2002, year-old boy, N.C., who is seeking survivor ben- central component of compensation – equal to in support of A.B.'s Petition for Certification to efits following his non-biological mother's that provided to married heterosexual employ- the New Jersey Supreme Court. On July 16, death. N.C.'s biological mother (E.K.) and her ees, constitutes discrimination on the basis of 2002, the Court granted certification and also lesbian partner (C.C.) were already in a long- both sexual orientation and marital status. The granted our request to serve as amicus. On April term relationship when they decided to have a Appellate Division dismissed our complaint 1, 2003, the New Jersey Supreme Court held child. E.K. was the biological parent and their against the State. The court found that the State that the decision in V.C. was not an exceptional son, N.C., took the non-biological mother's last Health Benefits Plan only provided benefits to circumstance that would justify reopening a name. Although C.C. had planned on legally legally married "spouses" of employees; that the final order that could have previously been adopting N.C., she had not done so at the time Law Against Discrimination did not apply appealed by the party. The Court noted that, to of her death (when N.C. was three years old). A because there is an exception for bona fide prevent endless re-litigation of settled cases, child qualifies for Social Security survivor bene- insurance plans; and that there was no violation new developments in case law generally do not fits if s/he is entitled to inherit property under of the equal protection clause because other qualify as an extraordinary circumstance so as to the state inheritance laws. Therefore, while the people, in addition to gay couples, may not justify relief under the catchall provision of rule case is in a federal forum and must be appealed legally marry and therefore the denial of bene- providing for relief from judgment. This case in federal court, the court should apply New fits is not based on sexual orientation. The was closed in 2003. Jersey state law. The ACLU brief argues that ACLU-NJ filed an appeal and a Petition for New Jersey law entitles N.C. to inherit C.C.'s Certification to the New Jersey Supreme Court, 2 2003-2004 Legal Docket Page 5 Search & Seizure extra-curricular activities and those who park on campus. The ACLU-NJ had challenged this policy, on behalf of parents and students, as a violation of privacy and the protection against unreasonable Former Offenders Fight State DNA N ACLU-NJ Claims Police Search Based searches and seizures in the New Jersey Collection Program y on Static-y Evidence Constitution. The United States Supreme Court had previously upheld random drug testing policies A.A., et al. v. Monmouth County NEW State v. Frankel NEW – first for just student athletes (in a case called Probation New Jersey Supreme Court/Amicus Vernonia) then for all students in extra-curricular New Jersey Superior Court, Mercer County/Direct Philip Gallagher/Gibbons Del Deo Dolan Griffinger & activities (in a case called Earls). In Joye, the New Lawrence Lustberg, Gita Guttierrez/Gibbons Del Deo Dolan Vecchione Jersey Supreme Court rejected the ACLU-NJ's Griffinger & Vecchione argument that the broader search and seizure pro- In this case, a 9-1-1 operator had received a num- tections in the State Constitution warranted a dif- ber of 9-1-1 calls from different locations on the ferent result than under the Federal Constitution. On January 21, 2004, the ACLU-NJ filed a morning in question that had only static on the Rather, the majority in Joye relied heavily on lawsuit challenging New Jersey's DNA law, line. As with the prior static-line calls, police were United States Supreme Court decisions. Like its which empowers the state to collect DNA from sent to the home from where the call emanated. At federal counterpart, the State Supreme Court held all people convicted of a crime, including juve- the other homes, individuals consented to police that the school met the "special needs" exception to niles. The DNA sample is then catalogued and entry. Frankel did not consent to the police enter- the search and seizure warrant requirement maintained in a database by law enforcement ing his home. Police were not satisfied by defen- because of the need for schools to provide safe agencies. The lead plaintiff in the case is a juve- dant's explanation that the 9-1-1 call was likely a environments, the diminished expectation of pri- nile who was 14 years old when he was adjudi- computer glitch. Police viewed the defendant as vacy of students (especially when in extra-curricu- cated delinquent for having acted out against his nervous, especially given his insistence that they lar activities), and the showing by this school that father, and then against police when they were not enter his home when they requested to do so. a significant portion of the student body had used called in. After being placed on probation for The police thereupon undertook a warrantless drugs or alcohol (although admittedly it was no the fourth degree offense, A.A. received psychi- search of defendant's home by walking into rooms larger a percentage than the national average). The atric counseling. He has been free from violent and looking into closets, and the officers observed majority then noted the importance of Justice outbursts since that time and is doing well in a tray of marijuana and several live plants. The Breyer's statements, from his concurring opinion school. The other plaintiff, Jamaal W. Allah, is ACLU-NJ, in conjunction with the Association of in the Earls decision, regarding conscientious presently incarcerated at Midstate Correctional Criminal Defense Lawyers of New Jersey, submit- objectors' ability to opt out of the random testing Facility for drug-related offenses, and is await- ted an amicus curiae brief on October 8, 2003, sup- program by not participating in extra-curricular ing parole. Along with the complaint, the porting the criminal defendant in this case. The activities. The New Jersey Supreme Court there- ACLU-NJ filed with the court a motion for a issues are (1) whether the emergency aid exception fore stated that a policy of random testing for all preliminary injunction, seeking to prohibit the to the warrant requirement can be invoked based students, rather than limiting it to extra-curricular, State from extracting the plaintiffs' DNA sam- on a 9-1-1 call that only had static on the line and "would eliminate the ability of a conscientious ples while the case is pending. That motion will (2) whether an officer can take into account an objector to opt out of the eligible pool….[T]hat be heard by the Court on February 6, 2004. In a individual's insistence that police not enter his option contributes to the program's reasonableness; related case, the ACLU-NJ supported Ed home, in conjunction with general nervousness, to its removal, therefore, would jeopardize the pro- Forchion (AKA "NJ Weedman") in his efforts to invoke the emergency exception. Oral argument gram's constitutionality." The court also stated that obtain an injunction against enforcement of the was held on December 3, 2003. We are awaiting a its decision is "not to be viewed as a green light for DNA statute. On November 3, 2003, we filed an decision by the Court. schools wishing to replicate Hunterdon Central's amicus brief on Forchion's behalf, arguing that program." Each drug and alcohol testing program the statute violates federal constitutional pro- School Tells Students: would be analyzed separately, and each school tections against unreasonable searches and "Urine ... Or You're Out" would have to "base their intended programs on a seizures. Forchion was released from probation meticulously established record." The three dissent- despite refusing to provide a DNA sample. The Joye, et al. v. Hunterdon Central Regional High ing justices in Joye held that government searches of federal claim therefore became moot. However, School individuals without any suspicion of wrongdoing by the State has now brought charges in state court those individuals is unconstitutional and that stu- New Jersey Supreme Court/Direct to require Forshion to comply with DNA test- dents in extracurricular activities do not shed such Ravinder Bhalla/Krovatin & Associates ing. The ACLU-NJ is not involved in Forchion's constitutional protections. The justices warned: state case. On September 9, 2003, the New Jersey Supreme "The desire to wage war on drugs should not be per- Court, in a 4-3 decision, upheld Hunterdon Central mitted to coarsen our sensitivities to constitutional High School's random drug policy for students in protections." This case was closed in 2003. Religious Freedom State Appropriation to Catholic School ACLU-NJ agreed to dismiss the claims regarding the claim, stating that Congress did not have the "Holy" Inappropriate funds to St. Peter's after it was clarified that the funds authority to pass such a law. On November 26, NEW for St. Peter's would be used solely for environmen- 2003, the ACLU-NJ submitted its brief defending ACLU and Houston v. Librera, et al. tal clean-up, which would protect the surrounding the constitutionality of RLUIPA. In December New Jersey Superior Court, Mercer County/Direct community from chemicals that could seep into the 2003, the United States Attorney General also filed Marc Stern/American Jewish Congress surrounding land and that had been present on the a brief defending the Act. We await a decision site before St. Peter's bought the land. The case con- from the District Court judge. On August 28, 2003, the ACLU-NJ filed a lawsuit tinued, however, based upon the challenge to the challenging the distribution of $500,000 of State grant to Seton Hall Prep. On February 26, 2004, the funds to two private Catholic high schools. The Office of the Attorney General certified that the N ACLU-NJ Opposes Discrimination funds were designated for the two schools as part of State will not release the $250,000 in State funds to Against Religious Jurors the State's budget, with $250,000 to go to Seton Hall Seton Hall Prep. Given this success, on March 1, Prep for "expansion" and $250,000 to go to St. Peter's 2004, the ACLU-NJ filed a notice to dismiss the com- State v. Fuller NEW Prep for "field remediation." The ACLU-NJ claimed plaint. New Jersey Supreme Court/Amicus in its complaint that the provision of taxpayers' funds Ronald Chen/ Rutgers Constitutional Litigation Clinic to the two religious schools violates the Prison Decides "Witch" Religions Establishment Clause of the New Jersey Constitution Should Not Be Recognized The ACLU-NJ appeared as amicus curaie in and the "No Preference" Clause of the New Jersey opposition to a prosecutor's act of striking poten- Constitution. While the United States Supreme Pantusco v. Moore tial jurors from a jury pool based on the fact that Court has upheld programs in which funds or bene- NEW the prosecutor perceived those individuals to be U.S. District Court/Direct fits are made generally available to all schools or stu- "demonstrative about their religion." One poten- Steve Latimer/Loughlin & Latimer dents and therefore end up in part going to parochial tial juror was a missionary; the other juror was schools, the New Jersey legislature's grant of direct Patrick Pantusco, an inmate in East Jersey State dressed in all black and wore a skull cap. The funds solely to the two Catholic schools (to the Prison in Rahway who practices Wicca, requested ACLU-NJ argued that such an action violates the exclusion of other non-secular and secular schools) ACLU-NJ assistance in his efforts to obtain Wiccan religion clauses of both the United States and New lacks the essential element of "neutrality." In addi- books and religious items. He has consistently been Jersey Constitutions. The ACLU-NJ argued that tion to representing itself, the ACLU represents denied the materials and told that, "This [Wicca] is not only is it inappropriate for jurors to be struck Madeline Houston, who has two children currently not a recognized religion per Chaplaincy Dep't." because they are demonstrable about their religion in the Montclair public school system. Her son is at There are federal cases however acknowledging but, in addition, such a basis will often amount to a Montclair Middle School which rents out space in Wicca as a religion. Among the claims against the a removal based upon a particular religious belief a church because it does not have sufficient facilities. State defendants is that they violated the federal or affiliation and will lead to discrimination For use of a gym or library, the students at the Religious Land Use and Institutionalized Persons against identifiable religious minorities. Argument Middle School must walk to the YMCA or to the Act (RLUIPA), which protects religious rights of was held in the New Jersey Supreme Court on town's public library. On December 17, 2003, the inmates. The State moved to dismiss the RLUIPA December 2, 2003 and we now await a decision. Page 6 2 2003-2004 Legal Docket Inmates' Request for Halal Foods Court Holds Town Must Give Equal "Meats" Resistance "Utility" to Religious Group Using the lower court should have been clear that the town bore the burden of establishing that they Muhammad, et al. v. Terhune, et al. Poles would have reached the same result for reasons Tenafly Eruv Association v. The Borough of other than discrimination. On October 24, 2002, U.S. District Court/Direct Tenafly the Third Circuit Court of Appeals ruled that, Ed Barocas/ACLU-NJ because the town failed to enforce the regulation U.S. Court of Appeals for the Third Circuit/Amicus prohibiting use of the poles by other Borough resi- After East Jersey State Prison stopped allowing Ronald Chen/Rutgers Constitutional Litigation Clinic dents, it could not deny the Eruv Association the inmates to receive outside food packages from right to use the poles. The town petitioned for the friends or loved ones, a number of Muslim inmates This matter arose when a group of Orthodox Jews United States Supreme Court to review the case requested that the prison provide them with Halal in the Borough of Tenafly requested permission to and, on June 23, 2003, that petition was denied. meals. The prison stated that they would give them erect an eruv on utility poles in a large portion of This case was closed in 2003. vegetarian food made within the prison that meets the town. An eruv is a religious structure that sym- Halal standards. However, the inmates believe that bolically extends the confines of what is considered their religion requires them not only to eat Halal food but to affirmatively eat Halal meats and, as one's home for purposes of Jewish law. The Borough council denied the request. The ACLU-NJ Reproductive such, the vegetarian meals alone do not meet the initially did not take the side of either the plaintiff religious requirement. Because the prison does not carry Halal food in the commissary and no longer or defendant. Rather, we informed the court of the issues and legal analyses involved. First, we told the Freedom permits food packages to be sent to the prison, the court that it must determine whether the utility provision of Halal meats would require the State to poles constitute a public forum for expression. If so, "Work First" Puts Children Last go to outside sources to obtain such food – and the the borough would have no right to object to any prison would not agree to do so. East Jersey does go form of speech that they are used for, religious or Sojourner A. v. New Jersey Department of to an outside food vendor for Kosher meals, since otherwise. Should use of the poles not be publicly Human Services food made in the prison kitchens would not be available, the ACLU argued that it would violate New Jersey Supreme Court/Direct Kosher, but the outside Kosher meals are all vegetar- the Establishment Clause if preferential access were Lenora Lapidus, ACLU Women's Rights Project; Sherry ian. The inmates sued, based on free exercise and provided for the Eruv Association's religious pur- Leiwant, Spenta Cama, Martha Davis/NOW Legal Defense & equal protection grounds. The district court granted poses. Further, the ACLU-NJ argued that if the Educational Fund; Lawrence S. Lustberg, Risa summary judgment to the State because it held that court did not find an Establishment Clause viola- Kaufman/Gibbons, Del Deo, Dolan, Griffinger & Vecchione mainstream Islam does not require that Halal meats tion, the Eruv Association's free exercise rights be eaten and, therefore, providing vegetarian Halal must be considered and that the Borough should On August 4, 2003, the New Jersey Supreme meals was sufficient accommodation of their reli- have to demonstrate that the decision to deny their Court held that the "Child Exclusion" provision of gious practice. The Third Circuit reversed the rul- request was prompted by legitimate concerns and New Jersey's welfare law did not violate the State ing, holding that so long as the beliefs are "sincerely not by animus towards the Eruv Associations' reli- Constitution. In 1997, the ACLU-NJ filed a class held," the court should not assess whether others in gion. Hearings were held on the factual issues. The action lawsuit challenging the Child Exclusion pro- the religion believe the same way. The case was sent District Court found that the poles were not open vision, which denies welfare benefits to any child back to the District Court and the State again moved forums and that discriminatory intent was not the whose family was receiving benefits when the for summary judgment. The court assigned ACLU- motivating factor in the denial of the Eruv child was born. We argued that this denial, which NJ Legal Director Ed Barocas to represent the Association's request. The plaintiffs appealed. On will cause severe injury to poor children, violates inmates. Through negotiation the prison agreed to January 4, 2002, the ACLU-NJ submitted an amicus the Equal Protection Clause of the New Jersey make Halal meats available for purchase by inmates brief supporting the District Court's ultimate con- Constitution because it irrationally treats similarly through the prison commissary. The inmates' case is clusion. However, we differed from the lower court situated children differently based on the timing continuing, as they further contend that the state in two respects: 1) we argued that the and circumstances of their birth. We also argued must pay for the Halal meats. In January 2003, Establishment Clause affirmatively bars the town that the law violates a woman's rights to privacy Barocas was removed as counsel based upon a con- from granting selective use of the utility poles to and reproductive freedom because it coerces poor flict that arose. This case was closed in 2003. the religious organization; and 2) we argued that women in their childbearing decisions regarding whether to become pregnant and whether to have an abortion if they do become pregnant. The New Jersey Supreme Court affirmed the decision of the Parental Rights lower courts, finding that the failure to provide the additional benefits that would normally be afford- ed does not infringe upon a woman's right to have State Supreme Court "Visits" Issue a child. Specifically, the Court held that "even if we of Government Interference with child" standard. We further argued that the bur- assume that procreative choices are influenced by a den of proof in such cases should increase from a cap on cash assistance to the family unit, we do not Parental Rights "preponderance of the evidence" standard to a find that influence to be 'undue,' or that a new bur- Moriarity v. Brandt "clear and convincing" standard. The current den is thereby created.…Indeed, the family cap standards fail to give adequate protection to par- appears to do no more than place welfare families New Jersey Supreme Court/Amicus ents' rights. The State Supreme Court agreed with on a par with working families [who also must Ron Chen/Rutgers Constitutional Litigation Clinic the ACLU-NJ that that the question for judges to decide whether or not to have another child based address in such visitation cases was not what is in upon financial circumstances]." The ACLU-NJ now On July 14, 2003, the New Jersey Supreme the "best interest of the child" but, rather, hopes to address this wrong-headed law through Court upheld New Jersey's Grandparent whether visitation is "necessary to avoid harm to legislative efforts. This case was closed in 2003. Visitation Statute, N.J.S.A. § 9:2-7.1. The ACLU- the child." The Court nevertheless upheld the Criminal Justice NJ had filed an amicus brief arguing that the "preponderance of the evidence" standard for grandparent visitation statute in New Jersey was unconstitutional because it allows a court to grant making such a showing. In November 2003, Moriarity petitioned the US Supreme Court to Sooner Cyber-Liberties or Death Penalty grandparents and siblings visitation, over the review the case. We await the Court's decision as objection of fit parents, on a "best interest of the to whether it will hear the case. Disability Rights Later Drug Policy Immigrant Rights Everyone Free Speech HIV/AIDS ACLU-NJ Challenges Smorgasborg of N and state civil rights laws. The women were not Needs Immigrant Rights the Lesbian/Gay Rights Discrimination at Chinese Buffet paid wages or overtime, were required to pay a $15-$18 daily kickback to their employer, a por- National Security Li Min Hong, et al. v. King Chef, et al. US District Court/Direct tion of their tips were diverted to the restau- rant, and tips were reduced for rent and other ACLU Police Practices Prisons expenses, in violation of New Jersey labor laws. Join us today! Alix Rubin/Lowenstein Sandler; Lenora Lapidus, Jennifer Arnett Lee/ACLU Women's Rights Project They were also assigned tables only after the Privacy male waiter's tables were full. These actions fol- Racial Equality The ACLU-NJ, in cooperation with the ACLU lowed on the heels of the filing of a lawsuit by American Civil Liberties Union Women's Rights Project, represents three four other immigrant employee workers. We of New Jersey Reproductive Rights female Fukanese immigrants who were discrim- obtained a $3.4 million default judgment against P.O. Box 750 Students Rights inated against by King Chef Restaurant in the defendants, entered because the defendants Newark, NJ 07101 Wayne, NJ. The complaint claims that the never responded to the complaint. However, Voting Rights 973-642-2086 women suffered unequal terms and conditions the defendants have now come forward and Women's Rights of employment based on their race and/or eth- want to reopen the judgment. The matter has email@example.com nic origin, and gender, in violation of federal been briefed and we await a ruling by the Court. www.aclu.org Workplace Rights 2 2003-2004 Legal Docket Page 7 Poverty Rights Police Attempt to Railroad Homeless the actor complied with all lawful conditions contaminated housing. The Departments of Woman Out of Train Station imposed on access to or remaining in the struc- Human Services and Health and Senior Services ture." The ACLU-NJ will ask that the case be dis- have agreed to work with our coalition of con- State v. Kathy Matura NEW missed, as the station is open to the public (as, in cerned organizations to develop pilot projects in Hoboken Municipal Court/Direct fact, the station has not only a ticket counter for Camden and Irvington. We seek to determine Bruce Rosen/McCusker Anselmi Rosen Carvelli & Walsh train tickets but also a waiting room and a food what types of activities and interventions increase court) and that Matura was not violating any "con- the lead screening rates of children and improve The ACLU-NJ represents Kathy Matura, who dition imposed on access or remaining in the struc- the quality of case management services to lead- was charged with defiant trespass for refusing to ture." Matura was in fact holding a ticket for a train burdened children. The project provides for leave the Hoboken train station. Matura is home- later that day. aggressive parental education regarding the less but does not stay overnight in Hoboken. She effects of lead on their children and the impor- uses her money to buy round-trip tickets from the N ACLU-NJ Helps to "Get the Lead Out" tance of testing, while at the same time provides town where she stays overnight to Hoboken, so pediatricians with a simple and inexpensive that she can spend her days with friends in the N ACLU-NJ v. Michele Guhl, Comm. of Dept. of means of screening children for lead using what is Hoboken area. She has complained of numerous Human Services known as the filter paper method. The filter paper instances of harassment by police at the station, Negotiation/Advocacy method allows doctors to do lead screenings in included being kicked out of the train station Robin Dahlberg/National ACLU Legal Department their offices with a simple finger stick blood despite having a train ticket and being barred from draw. This method is intended to encourage doc- using the bathroom and phones. On January 12, The ACLU-NJ, along with the National ACLU tors to provide screenings in their offices, rather 2004, after meeting in the station with a friend and other advocacy organizations, has engaged in than referring patients to secondary laboratories who works in the area, an officer told Matura to sustained advocacy around the issue of lead poi- for such tests, a practice which has proven a sig- leave the station. Matura refused, stating that it soning in New Jersey. We have documented nificant barrier for many parents. During the last was not illegal for her to be there. The officer many shortcomings in New Jersey's lead preven- week of September 2002, the ACLU and its coali- charged her with Defiant Trespass. However, a tion programs including inadequate blood screen- tion partners held press conferences in Camden defense to defiant trespass is that "The structure ing rates, failures to provide follow-up care to and Irvington to announce the pilot projects. was open at the time to members of the public and lead burdened children, and failures to abate lead Those efforts are ongoing. Privacy Due Process Home Address Privacy Rights Hospital Took Blood, DYFS Took L Judge Red-Lights Car Forfeiture Law Protected Child from HIV Positive Mother State v. One 1990 Ford Thunderbird NEW A.A., et al. v. State NEW Doe v. DYFS Superior Court of New Jersey, Appellate of New Jersey, et al. New Jersey Superior Court, Law Division, Division/Amicus New Jersey Superior Court, Law Division, Mercer County/ Mercer County/Direct Ed Barocas/ACLU-NJ Direct Ed Barocas/ACLU-NJ Lawrence Lustberg, Jennifer Ching/Gibbons, Del Deo, On March 19, 2003, the ACLU-NJ filed a brief Dolan, Griffinger & Vecchione On June 29, 2000, the ACLU-NJ filed a lawsuit on supporting a challenge to New Jersey's civil for- behalf of an HIV positive woman and her newborn feiture statute. Under the civil forfeiture laws of On October 23, 2001, the ACLU-NJ, in coopera- child. The woman's blood was tested for HIV without New Jersey, county prosecutors (or the Attorney tion with the Office of the Public Defender, filed a her written consent or authorization. Later, after she General) can seize funds and property "utilized case in the United States District Court challenging gave birth, the child was removed from her custody in furtherance of an unlawful activity." The same the Sex Offender Internet Registry Act and the based upon her refusal to provide AZT to the new- county prosecutor's office then determines how State Constitutional Amendment, which strips sex born. The case was filed in the United States District to distribute the funds, and may retain some of offenders of rights under the state constitution. Court against the New Jersey Division of Youth and the funds for itself and/or the law enforcement The complaint raises claims regarding the rights to Family Services and Capital Health System, Inc. for agency that seized the funds. The ACLU has privacy, equal protection and to be free from discriminatory policies and unlawful treatment of opposed civil forfeiture laws because they violate retroactive punishment. On December 6, 2001, the plaintiff. The complaint alleged constitutional and due process, punish people twice for the same District Court judge precluded the State from statutory violations stemming from an unauthorized offense, and give police incentive to arrest including registrant's home addresses, but permit- HIV test, breach of confidentiality, and interference offenders with desirable assets. They also often ted all other information to be disclosed on the with custodial and parental rights. It also alleged that leave family members in dire straits when family website. Both sides appealed the decision. On June DYFS filed false affidavits with the court, which stat- assets are forfeited and family wage earners go to 25, 2003, the US Court of Appeals for the Third ed that the woman was drug involved at the time of prison. Carol Thomas, who lost her 1990 Ford Circuit ruled that, while citizens do have a consti- her pregnancy, in an effort to remove the child from Thunderbird to forfeiture after her son was tutionally-protected right to privacy in their home the woman's custody. In June 2002, we settled the caught using it to sell drugs, sued the State. She addresses, the inclusion of home addresses on the case with DYFS, which agreed that failure to provide argued that the forfeiture laws, and the seizure of Internet Sex Offender Registry did not violate reg- AZT would not be a per se reason to take away a child. her vehicle pursuant to those laws, violate her istrants' privacy rights, as the State's interest in dis- In December 2002, the court ruled on the additional Due Process rights because the police who seized closure outweighed the constitutional privacy defendants' dismissal motion. While the court dis- the property and the prosecutor who decided to interest. The Court relied upon a ruling by the missed claims against various individual defendants, go forward with the case derive substantial insti- United States Supreme Court (decided while this the court permitted claims against Capital Health tutional gain from the forfeitures they initiate case was on appeal) in which the Alaska Sex Systems to remain and allowed the plaintiff to amend and prosecute. The Superior Court judge in Offender Registry was upheld. In that ruling, the the complaint to add additional bases for violations Cumberland County sided with Thomas and Supreme Court ruled that the disclosure of home under the New Jersey Law Against Discrimination against the State. The judge noted that, although addresses was necessary for the efficacy of the reg- and the Americans with Disabilities Act. In guidelines assure that the funds can't be used istry. In November 2003, the district court judge September 2003, the Court dismissed the remaining directly for salaries, forfeiture monies were used determined that the only remaining federal claim federal claims against the defendants, although by prosecutors and law enforcement for such (based upon the right to equal protection) would numerous state claims remained. As such, the Court things as rent for a motor pool crime scene facil- require the court to interpret a state law and, as permitted the plaintiffs to withdraw the case and file ity, office furniture, computer equipment, auto- such, permitted plaintiffs to withdraw the case the remaining claims (including the breach of confi- mobiles, fitness equipment, etc. The judge found from federal court and re-file the case in state dentiality and the unauthorized testing claims) in state that the amount of gain that they received from court. The case was re-filed in New Jersey Superior court. The case was refiled in the New Jersey Superior forfeitures in the past three years was so great Court in Mercer County in January 2004. Court in Mercer County on October 21, 2003. that it "exceeded the limitation on the financial and personal interest of one in a prosecutorial N Join the ACLU-NJ Electronic Activism and Information Network! function which may be allowed in order to avoid a due process challenge." On appeal, the ACLU- Sign up to receive e-mail alerts on critical civil to determine your legislative district for legislative NJ filed a brief explaining that the lower court's liberties issues, opportunities to advocate for free- action opportunities. decision is consistent with the numerous New dom, the ACLU-NJ's latest legal actions, and infor- We promise not to bombard you (we generally Jersey Supreme Court cases which seek to limit mation about upcoming ACLU programs and send 1-2 notices per month) or share your the discretion of police and prosecutors and events in your area. Join today by sending an e-mail information. Please join today to become a more which seek to root out arbitrariness and lack of with your name, address and e-mail address to: active and effective voice for civil liberties. Please uniformity in law enforcement and prosecution. firstname.lastname@example.com. We need your mailing address join today, email@example.com. On November 5, 2003, the ACLU-NJ was grant- ed permission to participate in oral argument. We await a date for oral argument. Page 8 2 2003-2004 Legal Docket C Over-Committed Process Challenged "beyond a reasonable doubt" standard so that an T Issue of "Double-Trouble" In NERA By Patients inordinate number of people are not improperly Case Timendequas, et al. v. Brown, et al. NEW denied their right to freedom from restraints. The State v. Natale case will now proceed in the discovery phase. United States District Court/Direct New Jersey Supreme Court/Amicus Ron Chen/Rutgers Constitutional Litigation Clinic Steven G. Sanders, Arseneault & Fassett N ACLU-NJ Argues that Megan's Law Internet Registries Invoke Retroactive The Court assigned the ACLU-NJ to serve as The ACLU-NJ joined the Association of counsel in a case involving the due process rights of Punishment Criminal Defense Lawyers of New Jersey (ACDL- sex offenders who complete sentences at Avenel Smith v. Doe NJ) as amicus in this criminal law matter involv- (New Jersey's sex offender prison) and are then ing double jeopardy and due process. The defen- U.S. Supreme Court/Amicus directly committed to the Sex Offender dant was convicted of second-degree assault. Ed Barocas/ACLU-NJ; Michael Buncher, Brian Neff/Public Commitment Unit at Kearny under the Sex Under the No Early Release Act (NERA), if the Defender's Office Offender Civil Commitment Statute. The case offense included a finding of the defendant hav- presents three key due process violations. First, ing caused serious bodily injury, there would be Avenel psychiatrists discuss an offender's treat- In August 2002, the ACLU-NJ filed a joint ami- an enhanced sentence. The court was unable to ment with the psychiatrists who make the deter- cus brief with the New Jersey Public Defender's determine in this case whether, in finding the mination of whether to commit the offender to Office and the New Jersey Association of Criminal defendant guilty of the second-degree offense, Kearny. This runs counter to an Appellate Division Defense Lawyers on the issue of whether Alaska's the jury found that he did cause serious bodily decision that prison psychiatrists owe a duty of Sex Offender Internet Registry inflicts punishment injury or simply attempted to cause serious bodi- care to their clients that includes confidentiality, in violation of the Ex Post Facto and Double ly injury – but the judge gave the defendant the even against disclosure to prison authorities (unless Jeopardy Clauses of the U.S. Constitution. The greater sentence anyway. On November 20, there is a threat of future harm to an identifiable Alaska law is similar to New Jersey's Sex Offender 2003, the New Jersey Supreme Court held that, if person). Second, the prisoners are transferred to Internet Registry Act, against which we have filed the State elects not to proceed to a new trial for a the Kearny Unit without first having a hearing to a challenge (see A.A., et al. v. State of New Jersey, jury finding on the issue of whether defendant challenge the initial commitment papers. We claim et al. above, under Privacy Rights cases). On March did cause serious bodily injury, the trial court that, pursuant to New Jersey court precedent, a 5, 2003, the U.S. Supreme Court held that Alaska's must re-sentence the defendant without applying pre-deprivation, rather than a post-deprivation, Internet Megan's Law registry is remedial as the heightened sentencing provisions of NERA. hearing is required. Third, it appears that a much opposed to punitive, and thus does not violate the In the event that the State seeks to have the court greater number of inmates are being committed Ex Post Facto or Double Jeopardy Clauses of the impose an enhanced sentence, the court must try than statistics show are actually a danger. While Constitution. The Supreme Court wrote: "The pur- the NERA issue before a jury and the jury must statistics show that only 9% of sex offenders pose and the principal effect of notification are to determine, applying the beyond-a-reasonable- released from Avenel commit another crime, the inform the public for its own safety, not to humil- doubt standard, whether defendant attempted to, State is committing 35% of Avenel inmates upon iate the offender. Widespread public access is nec- or actually did, cause serious bodily injury upon completion of their sentences. As such, the burden essary for the efficacy of the scheme, and the atten- the victim during the commission of second- of proof on the government should be heightened dant humiliation is but a collateral consequence of degree aggravated assault. from a "clear and convincing" standard to a a valid regulation." This case was closed in 2003. Thanks to Our Cooperating Attorneys This docket describes the numerous and varied civil liberties issues which the American Civil Liberties Union of New Jersey has litigated during the past year. This docket is dedicated, with our sincere appreciation, to the cooperating attor- neys who have so generously volunteered their time, without compensation, in defense of civil liberties. Without their efforts, few of these cases could have gone to trial or been successfully resolved. FRANK ASKIN ROSEMARY DISAVINO, ESQ. TIMOTHY MCCARTHY Rutgers Constitutional Litigation Clinic Reitman Parsonnet PHILIP GALLAGHER ROBERT BALIN Gibbons Del Deo Dolan Griffinger & Vecchione ANNE MCHUGH Davis Wright Tremaine Pellettieri, Rabstein & Altman SHAVAR JEFFRIES GRAYSON BARBER, ESQ. Gibbons, Del Deo, Dolan, Griffinger & Vecchione ARTHUR MILLER Miller & Miller RAVINDER BHALLA JULIE GOLDSHEID Krovatin & Associates NOW Legal Defense & Education Fund LYNN MILLER Miller & Miller SPENTA CAMA GITA GUTIERREZ NOW Legal Defense & Educational Fund Gibbons Del Deo Dolan Griffinger & Vecchione DENISE REINHARDT Reinhardt & Schachter NANCY CHANG JONATHAN HAFETZ Center for Constitutional Rights Gibbons Del Deo Dolan Griffinger & Vecchione LEWIS ROBERTSON RON CHEN RISA KAUFMAN BRUCE ROSEN Rutgers Constitutional Litigation Clinic Gibbons, Del Deo, Dolan, Griffinger & Vecchione McCusker, Anselmi, Rosen, Carvelli & Walsh JENNIFER CHING STEVE LATIMER ALIX RUBIN Gibbons, Del Deo, Dolan, Griffinger & Vecchione Loughlin & Latimer Lowenstein Sandler DAVID COLE MATTHEW LEISH STEVEN G. SANDERS Georgetown Law School Davis Wright Tremaine Arseneault & Fassett FRANK CORRADO SHERRY LEIWANT MARC STERN Rossi, Barry, Corrado & Grassi, P.C. NOW Legal Defense & Educational Fund American Jewish Congress MARTHA DAVIS PAUL LEVY ELIZABETH ZUCKERMAN NOW Legal Defense & Educational Fund Public Citizen Zuckerman & Fisher LAWRENCE LUSTBERG BENNET ZUROFSKY Gibbons Del Deo Dolan Griffinger & Vecchione Reitman Parsonnet
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by Andrew Schloss and David Joachim
May 2011
Fire It Up
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make it again
Makes 1/2 cup
Mix everything together. Store in a tightly closed container for up to 1 month.
From Fire It Up: More Than 400 Recipes for Grilling Everything by Andrew Schloss and David Joachim. Text copyright © 2011 by Andrew Schloss and David Joachim; photographs copyright © 2011 by Alison Miksch. Published by Chronicle Books LLC.
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Angels Bad PR Continues With Dipoto Exit NHL Rangers' Sather Passes GM Torch To Gorton Franchise Notes Sources: Angels' Dipoto Out As GM Bettman, Coyotes Deny N.Y. Post Report Kings, Ranadive Coming Under Fire From Critics Lions Set To Host LGBT Pride Night Orlando City To Own USL Club Phillies' MacPhail To Observe For First Few Months NYC FC's Geography Paying Dividends
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SBD/August 20, 2014/Franchises
As Rumors Run Rampant, Tim Leiweke Insists He Is Not Leaving MLSE In Near Future
Published August 20, 2014
A QUICK TURNAROUND: Friedman yesterday reported via Twitter that Leiweke will be leaving the company "soon." In Toronto, Bruce Arthur in a front-page piece notes an MLSE source "indicated that 'soon' encompassed the upcoming season, at least." So Leiweke is "probably in for one year, and that seems about right." Leiweke's sometimes "blundering words can overshadow the fact that he's done quite a lot, and on balance, it's positive" (TORONTO STAR, 8/20). The TORONTO SUN's Steve Simmons notes the "one thing Leiweke has established here, as he did with [GM] Dean Lombardi with the L.A. Kings, is he lets his sports people run their teams" (TORONTO SUN, 8/20). In Toronto, Mark Zwolinski notes there are "arguments that not enough has been done," but there is "no doubting the 57-year-old has brought in what can be considered sweeping changes." The Leiweke storyline in Toronto "will not quiet down regardless of his statements about remaining on as head of MLSE." Speculation yesterday "ran rampant regarding a potential post" with the Clippers, and there also is talk of a Leiweke "interest in the David Beckham led attempt" to bring an MLS franchise to Miami (TORONTO STAR, 8/20).


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JERSEY BOYS at Paris Las Vegas
Read what other Viator.com travelers think about the JERSEY BOYS at Paris Las Vegas. What they loved, what they liked and what they think could be improved, it's all here to help you make the most of your next trip.
Click here for tour details, schedule and pricing
Such a great show! Very entertaining and the music make us travel in time Aurelia F.
Very good show. I recommend it Oswaldo F.
We had seen it before and loved the music. It was a great show and we had great tickets.
Brilliant show! Brilliant seats too.
Sheree A S
Great seats and awesome show. Told us the story of the music.
Amazing theatre! Great seats in mid mezzanine. Fantastic show. Worth every penny, can't recommend it enough!
Great show!!!
Most enjoyable
Great singing and dancing , good story line of the group, personal and professional
Great show!
Thoughly enjoyed the show, great story, fantastic music
Brilliant, what a great show, loved every minute of it !
Party of four 40-somethings booked this show with no clue what we were about to see. It was one of the best shows we've seen. The cast were so professional, magical singing, great acting and comic timing. Loved it loved it loved it!!!
Fantastic show, great seats, loved it!!!!
The show was excellent and we had good seats in the upper level but with a really good view of the stage and we were able to move along in order to have more room as it was only about two thirds full. I would recommend the show.
brilliant,,,got tickets straight away no problems
Fantastic show, highly recommended, especially those that were around in that era.
Best show ever!
I had the pleasure of seeing Jersey Boys at the Paris Hotel recently. There are many show options in Vegas but you can't go wrong with this show. I grew up in Jersey during the days of Frankie Valli and the Four Seasons. This show brought back so many memories, and most certainly brought a smile to my face. I brought my 22 year old son with me and even he loved it! These are classic songs that were well performed. The members of this cast were amazing and their voices were spot on. "Who Loves You"? This lady from Jersey does! Well worth the money and made for an enjoyable evening out.
Jersey boys has been a show I've been hearing everybody talk about! Finally, I decided to check it out myself. It was GREAT! Besides being a true and fascinating learning experience, the show was captivating, energetic and a blast all at the same time. The theater was very intimate and pleasurable. Definitely a show that I would recommend seeing! It is worth every penny!
Awesome production. Music and acting was superb. My husband, who doesn't normally like musicals was completely enthralled. Highly recommend this show.
John B
United Kingdom
The show was excellent and everybody was on their feet.
Excellent show. Very informative and extremely entertaining!!! Worth every penny
Brilliant story, well executed and performed by some great actors. enjoyed the whole atmosphere in the theatre, and everyone was on their feet at the end. Again we had no problems when we went to collect our tickets with our online form, and everything was as agreed before we left. Well worth the trip.
An excellent performance, thoroughly entertaining. An interesting insight into the life of Frankie Valli and the Four Seasons. Well worth the money, over 2 hours of entertainment will have you foot tapping and singing!!
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Eleven state lawmakers representing Queens received a total of $14,000 in donations from corporations that may have violated campaign finance law limiting the total gifts they can give in a single calendar year, open government advocacy groups said last week.
Under state law a company is allowed to donate no more than $5,000 in total to candidates running for office in a particular year.
The legislators names were included in a report that found at least 96 corporations that appeared to have given more than the $5,000 legal limit last year to candidates statewide.
The report, released last week by the New York Public Interest Research Group and Common Cause New York, recommends that the state require all candidates to file their finances electronically with the state Board of Elections to allow the board to track corporate donations more closely, said Blair Horner, legislative director for NYPIRG.
The apparent violations slipped under the boards radar because local candidates are not required to file with the state board but rather with their home county boards. Also, most of the reports are filed on paper, making it very difficult for the elections board, the candidates or the public to search the records, the report said.
The way that the law is written, the corporations can make donations up to $5,000, Horner said. Sometimes its hard to tell what company gave to who. Its a black hole.
Corporations may skirt the limit by donating under the names of their subsidiaries, which is allowed under state law, Horner said. The report, entitled Over the Top: Corporations Exceeding the Limits of New York State Campaign Finance Law, also asks that the loophole be closed by making the limit applicable to the entire corporation, Horner said.
Assemblymen Barry Grodenchik (D-Flushing) and Mark Weprin (D-Bayside), both of whom received two donations from companies that may have violated the limit, are planning to co-sponsor an assembly bill that would mandate the electronic filing, the lawmakers said. A similar bill is on the floor of the state Senate, Horner said.
If you run for office, you have no idea whos writing checks, Grodenchik said. We have a Board of Elections and thats their job. Theyre supposed to be enforcing the laws, and I hope this will help them do their job better.
One way the electronic upgrade could help is by automatically notifying the board and the corporation should it go over the limit, Weprin said.
There could even be a way where when a check comes in that hits the limit, it sends out some sort of signal to the person, he said. Thats the technology thats out there. It should be used for the publics safety.
Under the legislation, the responsibility would remain with the state Board of Elections to enforce the law, but the electronic filing will make it simpler for them to do so, Horner said.
The burden will really rely on the regulator, in this case the Board of Elections, he said. The state Board of Elections would have what they need to enforce the law. They would have the tools.
A spokesman for the board said it is in favor of strengthening the campaign finance system.
Weprin received a $1,000 donation from Albanese Building Co., which apparently gave $8,750 to candidates statewide; and $1,500 from attorneys Berkman Honoch Petersen & Peddy PC, part of its total $18,000 in gifts, according to the report.
Forest Hills-based Muss Development Co. seemingly gave $16,050, including gifts of $2,750 to Grodenchik, $200 to Assemblyman Jose Peralta (D-Jackson Heights), $200 to Assemblywoman Audrey Pheffer (D-Rockaway Beach) and $100 to Assemblywoman Nettie Mayersohn (D-Flushing).
Arlen Contracting Co. gave $250 to Sen. George Onorato (D-Long Island City) and $1,000 to Sen. Malcolm Smith (D-St. Albans), a portion of its total of $8,475.
The Bold Holding Corp. apparently donated a total of $6,000, with $2,000 apiece going to Assemblymen Michael Gianaris (D-Astoria) and John Sabini (D-Jackson Heights).
Assemblywoman Ann-Margaret Carrozza (D-Bayside) received $2,500 from a doctors advocacy group, a tenth of its total $21,500, and Assemblyman Brian McLaughlin (D-Flushing) got $500 from Sterling Equities Inc., which apparently gave $18,750.
Reach reporter Courtney Dentch by e-mail at email@example.com, or by phone at 718-229-0300, Ext. 138.
©2003 Community News Group
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