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San Diego ACLU docket 2010
Current Cases
March 2010
Open Cases
Direct 20 Amicus 7 Total 27

Freedom of Expression and Information

Nick Morris subpoena (new case) (direct) –

Nick Morris is a photographer and freelance
photojournalist, accredited as such by the San Diego Police Department, whose work has been
widely published. He took photographs of the 2007 wildfires while engaged in newsgathering
and with the intent to seek publication. Several of his photographs appeared in various
publications. As part of their litigation against San Diego Gas & Electric arising from the fires,
the City of San Diego and Department of Forestry served a subpoena on Mr. Morris to produce
unpublished photographs of the fires. On March 4, 2010, we sent a letter to counsel asking that
the subpoena be withdrawn because it seeks information protected by the California reporter’s
shield law (Calif. Const. Art. I, § 2(b); Evid. Code § 1070) as well as the First Amendment.

Kaye v. Board of Trustees of the San Diego County Law Library
(amicus) –

Plaintiff challenged
his termination as a law librarian for San Diego County, alleging among other claims that he was
terminated in retaliation for protected speech. Because the speech at issue was contained in a
work-related e-mail message, his First Amendment claim was precluded by Garcetti v. Ceballos,
in which the Supreme Court held that the First Amendment does not protect public employees
from retaliation for communications made pursuant to their official duties. Plaintiff argued that
the California Constitution’s Liberty of Speech Clause should protect such speech. The state
Court of Appeal disagreed, holding that the Liberty of Speech Clause protects no more speech
than does the First Amendment in this context. The California ACLU affiliates filed a letter with
the California Supreme Court requesting depublication of the case. We argue that the Court of
Appeal unnecessarily decided a far-reaching constitutional issue, given that Plaintiff was
unlikely to prevail even if Garcetti did not apply and that the Court of Appeal’s analysis was
flawed on the merits. On February 24, 2010, the court denied the request for depublication.

Southwestern Community College (direct)

Southwestern Community College has a speech
policy that categorically declares almost all of the campus a “non-public forum” and thus off
limits to free speech. On October 22, 2009, students assembled in the small “free speech area” to
protest planned layoffs, cancellation of classes, and other issues. When some of the students
marched toward the college president’s office, campus police barricaded the sidewalk and
ordered them to disperse. That evening, the college placed four faculty members on
administrative leave and barred them from the campus, alleging that they unlawfully “incited”
the students and “confronted” campus police. On October 23, 2009, a number of students from
the banned professors’ classes attempted to go to the president’s office to express their
but again, campus police barricaded their way and ordered them to disperse, alleging that their
assembly was unlawful. We have sent a letter to the college demanding that it repudiate and
apologize for its unconstitutional actions and revise its policy to conform to state and federal law.
The college has formed a task force to revise its policy, in which we will participate.

International Society for Krishna Consciousness of California, Inc. et
al. v. City of Los Angeles
et al. (amicus)

Under the First Amendment, the government has broad authority to restrict
speech on any public property that is not a traditional or designated public forum, as defined in
case law. This case concerns the question whether California law should protect speech on
public property more strongly than federal law. It presents issues similar to those raised in San
Leandro Teachers Association (see below). On request from the Ninth Circuit, the California
Supreme Court agreed to decide whether Los Angeles International Airport is a public forum for
speech under state law. According to First Amendment cases, airports are not public forums,
because the government does not intend to open them for speech. The California ACLU
affiliates filed an amicus brief arguing that under state law, the court should protect all speech
that is not basically incompatible with the nature and use of the property. We urged the
California Supreme Court to reject the restrictive “forum” analysis used in federal court, under
which the ability to engage in speech depends on the government’s self-declared intent for the
use of the property, rather than the relationship between the speech at issue and the inherent
characteristics and actual use of the property. The case was argued on January 6, 2010. A
decision is expected within 90 days of that date.
San Diego Magazine Picks "New Establishment"
Nov.l 26, 2008

The San Diego ACLU's executive director was recognized by San Diego Magazine
this month, receiving an Honorable Mention nod as one of "the bright, young civic
dynamos who may be leading us into the next generation." ...

San Diego Magazine referred to the ACLU's 2006 success at defeating Escondido's
city ordinance to force landlords to check the immigration status of tenants. ACLU
San Diego Legal Director
David Blair-Loy was at the center of an important coalition
of legal leaders who achieved that victory.

In order to prevent other municipalities from following Escondido's anti-immigrant
lead, Blair-Loy and the ACLU's Sacramento Office helped forge a legislative victory
making California the first state in the nation to adopt a law prohibiting local
governments from enacting such ordinances.

While the ink was still drying on the Governor's signature of that historic bill, the San
Diego ACLU used another local crisis to bring about important statewide reform.
During the October 2007 wildfires, ACLU staff, allies, and volunteers mobilized quickly
when it was learned that city officials and police officers began questioning evacuees
about their immigration status and harassing certain individuals seeking emergency
food and shelter. Ten days after the fires began, the ACLU and its allies released a
28-page report documenting the abuses of a variety of vulnerable groups, especially

Led by its field and policy director Andrea Guerrero, the San Diego ACLU then
guided a successful effort to pass state legislation requiring public employees who
provide evacuees with disaster-related assistance to do so without asking for
information or documents not strictly necessary to determine eligibility for services—a
sensible reform that will help elderly, homeless, immigrants, and other vulnerable
groups who may flee disaster without paperwork or identification documents. The
Governor signed the valuable reform into law in Fall 2008.

"Our staff team deserve the credit for this recognition," said Keenan. "I am blessed to
work with such remarkable leaders."
Keenan also noted the alignment between
staff and the board of directors.
"I would wager that our board is one of the most
constructive, supportive, properly-focused boards in the area."

...The San Diego County Bar Association hosted a "Celebration of Civility" at its
annual Bench-Bar mixer in April to launch the organization's 2008 Campaign of
Civility, Integrity and Professionalism. The bar honored David Blair-Loy, legal director
of San Diego's ACLU and thirteen other individuals for "outstanding acts of civility in
the legal community." San Diego County Bar Association...
ACLU of Southern
(Los Angeles and Orange
San Diego and Imperial Counties
Downloaded May 17, 2010
Current ACLU Docket

Acosta v. City of Costa Mesa
(U.S. District Court -  Central
District of California)

In March 2006, the ACLU filed suit on
behalf of Benito Acosta, an Orange
Coast College
student who spoke at a Costa Mesa
City Council meeting in opposition to
the Council’s
decision to pursue an agreement with
the federal government that would
grant city police the
power to enforce civil immigration laws
in the City. Acosta was cut off before his
three minutes was up, and when he
protested, police grabbed, struck,
choked, pushed, and
kicked him, while dragging him outside
the Council chambers. An earlier
Minuteman Project founder and anti-
illegal immigration activist Jim
Gilchrist, was given
more than three minutes to speak in
support of the Council and the
immigration enforcement
proposal. In May, the federal district
court denied, in large part, the City's
motion to dismiss
Mr. Acosta's complaint, agreeing that
he alleged facts sufficient to show that
the City
punished him merely because it
disagreed with his viewpoint. We are in
the midst of
discovery. Trial is scheduled for
October 21, 2008. See also People v.
Acosta, page 10.

21. Asociación de
Trabajadores de Lake
Forest v. Lake Forest (U.S.
District Court)

In March 2007, the ACLU/SC
challenged a provision of the Lake
Forest municipal code that
made it unlawful for any person, while
standing in any portion of a street or
including a sidewalk, to solicit or
attempt to solicit employment,
business, or contributions
from occupants of a vehicle, even if
parked or standing. The city had
aggressively enforced
the code against day laborers, and
there are reports that the police
threatened to arrest day
laborers for standing on public
sidewalks. We filed a facial challenge
under the First
Amendment, arguing that the
ordinance was content-discriminatory
because it singled out
so-called solicitation speech for
regulation, but left other speech – such
as artistic, political,
or religious – untouched. Two weeks
after filing our suit the City entered into
a stipulation
in which it agreed not to enforce the
ordinance during the pendency of the
case. We then
withdrew our request for a preliminary
injunction. In April, the City repealed the
However, the City and its police
continue to harass, intimidate, and
violate the workers’ free
speech rights by ordering workers to
leave because they will not be
permitted to find work
in Lake Forest; parking in front of
workers to discourage employers from
approaching them;
swarming around employers lawfully
parked on the public street to prevent
them from hiring
workers; ordering employers lawfully
parked on the public street to leave
because they will
not be permitted to find workers in Lake
Forest; pulling over employers who
have hired
workers, ordering the workers get out
of the vehicle, and warning the
employers not to come
back. A settlement was reached on
August 19, 2008 that, among other
things, specifically
affirms that the right of all people to
solicit work on public sidewalks is
protected by the First
Amendment, unless there are
violations of law. The settlement further
prohibits deputies
from interfering with day laborers’
solicitation of work from the public
sidewalk or
contractors’ picking up or contracting
day laborers who are on the sidewalk,
unless there is
some independent violation of law.
Last, the settlement provides that the
plaintiffs shall have
90 days to file a motion for attorney
fees and costs. The court will retain
jurisdiction over
the case for five years for the purpose
of enforcing the settlement terms.

22. Christian Research
Institute v. Alnor (California
Court of Appeal)

The ACLU/SC is assisting an
evangelical scholar in exercising his
First Amendment rights.
Dr. William Alnor investigated claims
that up to $200,000 raised through an
fund-raising appeal by the Christian
Research Institute (CRI) were lost due
to a “bizarre”
postal error. Dr. Alnor confirmed
through several representatives of the
U.S. Postal Service
that CRI and its president, Hank
Hanegraff, were being investigated for
mail fraud. After
Alnor posted the information on his
website, CRI and Hanegraff sued him
for defamation.
In response, the ACLU filed an anti-
SLAPP (Strategic Lawsuit Against
Public Participation)
suit, arguing that the defamation suit
should be dismissed as a meritless
claim aimed at
discouraging Alnor’s exercise of free
speech. The Superior Court denied the
motion, and we appealed. The Court of
Appeal reversed the decision below in
2007, and remanded the case to the
Superior Court with an order that the
anti-SLAPP motion
be granted. We filed a motion for
attorneys fees that the Superior Court
granted. In so
doing, the Court also severely cut the
amount of fees we had sought. We
appealed the
attorneys’ fees order. The Court of
Appeal issued an opinion in August,
2008 upholding the
Superior Court’s fee ruling.

23. People v. Acosta
(Orange County Superior

The ACLU/SC represents Benito
Acosta, an Orange Coast College
student who criticized
the Costa Mesa City Council at a City
COuncil meeting for proposing to
deputize local
police to enforce federal immigration
laws. Mr. Acosta was forcibly removed,
beaten by the police, and detained for
five hours before being released with a
citation for
disrupting a city council meeting and
resisting arrest. The District Attorney
declined to file
charges in February 2006 “in the
interest of justice.” We filed a civil
lawsuit on Mr. Acosta's
behalf in March 2006 (see the
companion case, Acosta v. City of
Costa Mesa). In June, the
Costa Mesa City Prosecutor filed a
criminal complaint against him for
alleged violations of
city ordinances. Working together with
Mr. Acosta's criminal defense attorney,
we filed a
motion to dismiss the criminal charges
alleging the municipal code ordinance
violated the
First Amendment of the federal
Constitution and the Liberty Speech
Clause of the state
Constitution. The motion was denied.
The judge dismissed the case in
October 2007,
however, after he discovered that the
prosecutor had never been
appointment or sworn in as
a public prosecutor as required by the
California Constitution. The judge
stated that the
prosecutor’s failure to follow the law
amounted to a denial of due process.
The City
appealed the Court’s dismissal of the
criminal prosecution against Mr. Acosta
to the
Appellate Department of the Orange
County Superior Court. A three-judge
panel heard oral
argument on June 26, 2008 and
requested additional briefing on the
issue of double jeopardy.
The court has taken the matter under
submission. See also Acosta v. City of
Costa Mesa,

24. Porter v. Bowen (Ninth
Circuit Court of Appeals)

Our suit filed in November 2000,
challenges then Secretary of State Bill
Jones’ threat of
criminal prosecution against a voter
discussion and political strategizing
web site during the
2000 election. In addition to
discussions on strategies that might
influence the final outcome
in the electoral college, voters also
discussed ways to strengthen third
party candidates. The
website targeted by the Secretary and
another with similar content shut down
rather than run
the risk of prosecution. We alleged that
the threat was a prior restraint on
speech. The
district court dismissed the case and
the Ninth Circuit reversed. The case
was returned to the
district court for further proceedings.
The parties filed cross-motions for
summary judgment.
The district court held that plaintiffs’
claim for injunctive relief was moot and
later ruled
against Plaintiffs on their claim for
damages, holding that the Defendant
was entitled to
qualified immunity. We have filed a
notice of appeal and our opening brief
in the Ninth
Circuit. Defendants’ opposition brief
was filed in November 2006. On
August 6, 2007, the
9th Circuit ruled that the websites are
protected by the First Amendment and
cannot be
prosecuted under vote-buying statutes.
The decision sets an important
precedent protecting
the right of website operators and
voters to maintain and use such sites
in future presidential
elections. The State has filed a petition
for rehearing, and for rehearing en
banc. On March
13, 2008, the panel denied the petition
for rehearing, and the Ninth Circuit
denied the petition
for rehearing en banc. We arrived at a
settlement of attorneys fees and costs.

25. San Leondro Teachers
Association, et al v. San
Leandro Unified School
(California Supreme Court)

The three California ACLU affiliates
filed an amicus brief in the California
Supreme Court
in May 2008 on behalf of the San
Leandro Teachers Association
The San
Leandro Unified School District
banned the Association from
communicating information
about ballot initiatives and candidates
for school board elections through
the Association’s
newsletters distributed, at the
Association’s expense, through the
District’s employee
The case is important in
determining the application of the
Liberty of Speech
Clause of the California Constitution on
school property and other public
property that has
not been opened up for general use by
public speakers. The amicus brief
argues that the
Court should adopt the “functional
incompatibility” test, which protects the
control over less public forums without
sacrificing protection against content
The Court has not yet scheduled oral

26. United States v.
Omidvar (U.S. District

Mohammed Omidvar is one of a group
of American citizens of Iranian origin
charged in
2001 with providing “material support”
to a terrorist organization known as the
Khalq (MEK). The defendants,
including Mr. Omidvar, raised money
for the Committee for
Human Rights in Iran (CHR), which
supported victims of human rights
abuses in Iran. the
government, however, claims that CHR
was actually a front for the MEK, which
used the
money for MEK’s military purposes. Mr.
Omidvar claims that the CHR was a
charity, and that its money went for
charitable purposes. Prior to the ACLU’
s involvement
with the case, the defendants filed a
motion to dismiss the indictment on
the ground that the
statute was facially unconstitutional
under the First Amendment. The district
court agreed,
but the Ninth Circuit reversed.

The ACLU entered the case in February
2008 as Mr. Omidvar’s trial counsel.
The case presents important First
Amendment issues, including the
mental state requirements for
conviction under the “material support”
statute. We argue that
the government has to prove Mr.
Omidvar knowingly funded terrorist
activity. The
government claims that as long as it
can show the CHR is actually a front for
the MEK, it
need not prove that the money actually
went to support terrorist activities. The
filed 15 motions to dismiss various
counts in the indictment on July 15,
2008, including
motions to dismiss the material
support of terrorism counts on First
Amendment and due
process grounds, among others. We
are awaiting the government’s

27. Welcome INN, Inc. v.
Coleman (U.S. District

Members of a faith-based charity
organization, Welcome INN, were
threatened with arrest
while trying to feed homeless people at
Doheny State Beach in Dana Point. The
group has
been offering hot meals, plus social
services help and Bibles, to about 50
homeless or lowincome
people in the area for nearly two
decades, in fulfillment of their religious
to take care of people. They served
meals on two consecutive nights in
February in the
park’s picnic area without incident, but
on the third night park rangers told the
group it was
engaged in “unlawful assembly” under
a state regulation, 14 CCR 4321. The
case was
settled in August, 2008. Under the
terms of the settlement, the
Department of Parks and
Recreation will not enforce the
regulation in any way against anyone
and will pay the
ACLU/SC’s attorney fees and costs.
The court will retain jurisdiction over the
case for three
years for the purpose of enforcing the
settlement terms.

28. Widders v.
Fuhrchtenicht (California
Court of Appeal, 2nd
Jeff Fuhrchtenicht wanted to try to
gather enough petition signatures to
put two measures on
the ballot in an Ojai city election. Under
state law, prior to gathering petition
signatures to
try to qualify a measure for the ballot, a
proponent must file a notice of intention
with the
appropriate local election office and file
a request “that a ballot title and
summary be
prepared.” The measure must then be
forwarded to the city attorney, who is
required under
state law to provide and return to city
officials a ballot title and summary
within 15 days.
Mr. Fuhrchtenicht received notice from
Widders, the City Attorney, that the
measure was unconstitutional and he
“declined” to prepare the title and
summary. Several
e-mails were sent between the two
parties, including one from our client
stating that he
would withdraw the proposed initiatives
if the City Council would put on its
agenda for
discussion the issues addressed by
the initiatives. However,in September
2006, without
responding to our client’s offer to
withdraw, and well after the 15 day time
frame to prepare
the title and summary had expired,
Widders filed for declaratory relief on
the ground that,
among other things, the measure was
unconstitutional and he should be
relieved of his duty to prepare the title
and summary. Furchtenicht filed a
demurrer and an anti-SLAPP motion.

The court granted the demurrer,
holding there was no case or
controversy, but denied the
anti-SLAPP motion. We agreed to file
an appeal on the denial of the anti-
SLAPP motion
arguing that Widders's declaratory
judgement action interfered with
Fuhrchtenicht's right to
free speech in connection with a public
issue. Widders has now cross-
appealed on the grant
of the demurrer. Briefing is complete,
and oral argument was held in July,
2008. We are
awaiting a decision. The ACLU is co-
counseling with Mitchell, Silberberg &

David Higgins,
Board President
David Higgins employs his
background in biotechnology
research, project management,
and business development to
consult several biotech
companies. He has held
positions at Invitrogen, Chiron,
and Idun Pharmaceuticals. Most
recently, he was Executive VP for
Business Development and
Head of US Operations for
BioMedica, Inc...

Higgins was foreman of the
2006/2007 San Diego County
Grand Jury, which investigated
many matters related to civil
liberties. Higgins earned his
Ph.D. in molecular biology and
genetics from the University of

ACLU of San Diego & Imperial
P.O. Box 87131
San Diego, CA 92138-7131

From ACLU site:
David R. Higgins, Ph.D., was
elected to the affiliate board in
2008. He serves as Board
President and on several
committees. With his extensive
background in biotech, David
consults for several companies.
He has held positions at
Invitrogen, Chiron, and Idun
Pharmaceuticals. He was
Executive VP for Business
Development and Head of US
Operations for BioMedica, Inc.
David has volunteered for
Positive Prevention, Rolling
Readers, and the SD Museum of
Natural History. He was foreman
of the 2006/2007 SD County
Grand Jury. David earned his
Ph.D. in molecular biology and
genetics from the University of
Personnel file
Dr. David Higgins has been
named vice president for
business development for Oxford
BioMedica (San Diego,
California/Oxford, England). He
will join Oxford BioMedicas San
Diego subsidiary to head
business development in the U.S.
Higgins previously worked in
project management and
business development for
Invitrogen, Chiron and Idun
Pharmaceuticals. Oxford
BioMedica was spun off from
Oxford University and specializes
in gene-based products and
technology in the areas of cancer,
neurological disease,
cardiovascular disease and blood

David Higgins, Ph.D.
The Center for Ethics
* Executive Committee
Logistics and Education
Higgins has a professional
background in biotechnology
research, project management,
and business development.

He has held positions at
Invitrogen, Chiron, Idun
Pharmaceuticals and most
recently he was Executive VP for
Business Development and Head
of US Operations for BioMedica,
Inc., a UK-based gene therapy

Higgins has served as Adjunct
Associate Professor of Biology at
SDSU and as an Instructor in the
biotech technician training
program at SD City College.

Higgins has volunteered for
various community-oriented
organizations including Positive
Prevention, Rolling Readers, SD
Museum of Natural History, the
North Park Community
Association, and Water Station.
He served as foreman of the
2006/2007 San Diego County
Grand Jury. Currently he is a
Scientific Advisor for iDiverse, a
SD biotech company, serves on
the steering committee of the MLK
All People's Breakfast, and is the
President of the Board of Directors
of the ACLU of San Diego and
Imperial Counties. Higgins
earned his Ph.D. in molecular
biology and genetics from the
University of Rochester followed
by a postdoctoral fellowship at
the National Cancer Institute.
Students' American Flag T-Shirts Are Protected Speech

Earlier this month, five students at Live Oak High School in Morgan Hill, California,
were sent home on Cinco de Mayo for wearing T-shirts bearing the American flag.
The students were reportedly sent home after a vice principal told them the shirts
posed a "safety issue" on a day celebrating Mexican heritage.

Our sister affiliate, the ACLU of Northern California responded to the incident by
sending a letter to the Morgan Hill Schools Superintendent reminding him of the
speech rights students are entitled to under the U.S. Constitution and California law.
Punishing students for wearing T-shirts with the American flag is a clear violation of
their free speech rights.

The letter points out that students wearing the American flag wouldn't have been
controversial but for the interest of other students in celebrating their Mexican
heritage on Cinco de Mayo. Their patriotic display was particularly meaningful
because of the context, and their right to express their patriotism in light of that
context must be honored. The right to wear an American flag every day but Cinco de
Mayo would do little to advance the important work of the First Amendment, whose
protections must be enforced every day.

There is another important lesson for the school here. For displays of the American
flag to create such a strong concern about disruption, it's likely the school has
underlying racial and cultural tensions that need attention. Using censorship to
suppress student speech is exactly the wrong thing to do in this kind of situation.
While the school superintendent did make a statement reaffirming the school
district's support for students' speech rights, it's also important that the Live Oak
teachers and administrators use this incident as an opportunity to teach students
tolerance, diversity and mutual respect.

Conservative Commentators Rush to Blame the ACLU
Whoops! A number of commentators who love to bash the ACLU for, well, just about
everything slammed us for our hypocrisy in not defending the free speech rights of
students wearing American flags. The only problem is, we did, we have, and we
always will. Read a large sample of their hypocrisy in this blog post by Conor
ACLU intervenes after Birmingham protest
March 15, 2010

Two weeks after his peaceful demonstration to endorse health care reform drew 150
people to Birmingham in September, organizer Tom Zerafa got a letter from the city's
police department.

For any future demonstrations, the letter said he would need to request a
special-event permit at least 90 days beforehand and pay for police overtime, which
can cost thousands of dollars.

Those demands are unconstitutional, according to the American Civil Liberties Union.
In letters sent Feb. 18 to Birmingham's city attorney, mayor and police chief, the ACLU
cited court rulings from across the country that repeatedly have said communities must
let demonstrators freely gather -- no strings attached.

The ACLU asked Birmingham to "avoid any additional violations of the First
Amendment" by changing its ordinance and to give Zerafa written assurance that he
could can hold another demonstration without a permit, and without being arrested.

Zerafa, 59, of Oak Park, a metro-Detroit leader of the liberal group, is still
waiting for that written assurance. He is planning his next demonstration in Birmingham,
at Maple and Woodward, on Friday, the seventh anniversary of the start of U.S. military
action in Iraq.

Last week, the ACLU asked for clarification after getting a letter from the city that says
that Zerafa doesn't need a permit after all: "It is my opinion that the peaceful assembly
of citizens on the sidewalk is not a 'special event,' as long as it does not subject the
sidewalk to a greater use than usual," Birmingham City Attorney Tim Currier wrote.

In a telephone interview, Currier said, "If Mr. Zerafa wants to show up, he can show up."

But there's no sign that Birmingham will amend its requirement for event
permits, as have other towns, including Dearborn, after it went to court on the
California Teachers Association head counsel Beverly
Tucker used to be a counsel for the ACLU

California Teachers Association head counsel Beverly Tucker used to be a counsel
for the ACLU in Northern California. Obviously, she wasn't a true believer in civil
rights, or she wouldn't have spent so much money and effort on silly efforts to violate
my civil rights. Tucker didn't plan her actions well.

Tucker had no good reason to support the two teachers who said I was going to
come to school and shoot everybody. Her reason for doing so? It was an election
year for the teachers union affiliate in Chula Vista, and the incumbent (Gina Boyd)
was afraid the two teachers might make trouble for her if she insisted on a proper

I think Tucker was careless. The matter simply wasn't important to her, so she didn't
bother to use any energy thinking about it. Only a very tiny amount of brain work was
required to reach a sensible solution to the problem. The teachers should have
been told to apologize to me. Instead, Tucker has spent years forcing teachers to lie
under oath, wildly contradicting each other, among other shameful actions.

Tucker has enormous power. The people who supported her in my case (Gail
Mendes, Jim Groth and Peg Myers) are rising fast in CTA. This delights me, because
it makes my case more newsworthy and it reveals the politics inside CTA.
Silence at Boalt Hall
The Dismantling of Affirmative Action
Andrea Guerrero
San Diego Education
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David Blair-Loy

Andrea Guerrero
Southwestern Community College
Hon. James Stiven
California Western University
Distinguished Jurist
U.S. Magistrate Judge for the
Southern District of California
J.D. B.B.A. University of
California, Los Angeles
Courses Taught: Alternative
Dispute Resolution,  Pretrial
Judge James Stiven was born
and raised in Illinois and came
west to attend
college at UCLA.
He received a degree in
Business Administration in 1962
and served as Student Body
President his senior year. After
graduation, Stiven served four
years as an officer in the U.S.
Marine Corps, with a tour of duty
in Vietnam. He
graduated from
UCLA Law School in 1969,
having served as Senior Editor of
joined the law firm of
Gray Cary
Ames & Frye t
hat year and
practiced as a trial lawyer for that
firm (and its successors, now
DLA Piper Rudnik Gray Cary) for
nearly 27 years, specializing in
products liability, securities and
commercial litigation.
During his years of practice,
Stiven was elected to the
American Board of Trial
Advocates and as a Master of the
American Inns of Court. He also
served twelve years in the House
of Delegates of the American Bar
Association, chairing the Section
of Individual Rights in 1995. In
1996 Stiven was appointed U.S.
Magistrate Judge for the
Southern District of California,
where he served until his
retirement in 2005. While on the
bench, he remained active in the
Inns of  Court, the Association of
Business Trial Lawyers and the
Ninth Circuit Executive
Committee. Stiven served as a
Trustee of California Western
School of Law from 1992 until
being appointed as
Distinguished Jurist in 2005.
Candace M. Carroll
Sullivan Hill Lewin Rez & Engel
Of Counsel

Duke University Law School, J.D.,
1974, with honors, Order of the
•        George Washington
University, B.B.A., 1969, Phi Beta

Ms. Carroll is a highly regarded
appellate practitioner, having
briefed and argued appeals in
many federal judicial circuits, in
the California state courts, and in
the bankruptcy appellate system.
She has handled appeals on a
wide range of subjects, including
contract disputes, insurance and
indemnity issues, wrongful
termination, intellectual property,
personal injury, constitutional
rights and complex family law
matters. Her appellate expertise
was gained not only through her
practice with the firm over the last
20 years, but also through seven
years’ service as an attorney in
the Appellate Court Branch of the
National Labor Relations Board
in Washington, D.C., and through
a year spent as Court Law Clerk
to the United States Court of
Appeals for the District of
Columbia Circuit. Several of the
appeals she has handled have
resulted in published opinions.
Carroll is a member of the Bars
of California, Maryland, and
Washington, D.C., and is
admitted to practice before the
United States Supreme Court; the
California Supreme Court; the
United States Courts of Appeals
for the Second, Fourth, Fifth,
Seventh, Ninth, Eleventh, and
District of Columbia Circuits;
before the United States District
Courts for the Central and
Southern Districts of California;
and before all California courts.

An active member of the legal
community, Ms. Carroll currently
chairs Senator Barbara Boxer’s
Judicial Appointments
Committee for the Southern
District of California. She is a
Past President of California
Women Lawyers, the statewide
Women's Bar Association, and of
the San Diego County Bar
Association. She is the 2009
recipient of the Duke University
Law School’s Charles S. Rhyne
Award, given to an alumnus or
alumna whose career as a
practicing attorney has
demonstrated the highest
standards of professionalism,
personal integrity, and
commitment to education and
community service. She serves
on the board of the ACLU of San
Diego and Imperial Counties; on
the Duke University Law School
Board of Visitors; on the
California Western School of Law
Council of Visitors; and on the
Advisory Council of the San Diego
Chapter of the International
Rescue Committee. From 1996
through 2007, she was a
member of the ACLU's National
Board. In 2000, she was awarded
the Belva Lockwood Service
Award by the Lawyers Club of
San Diego. She has taught
seminars in Advanced Legal
Writing at the Duke University
Law School and the University of
San Diego Law School
Greg Rose
Gregory G. "Greg" Rose
(born July 15, 1955 in
Sydney, Australia) is Vice
President of Technology for
Qualcomm.[1] Rose
designed the SOBER family
of stream ciphers.
Stephen Whitburn
Mary Cruz

Mark Adams

Pat Boyce

Linda Cory Allen
Legal Experience: 31
Law School: California
Western School of Law

Michele Fahley
Michele Fahley is a staff
attorney at California
Indian Legal
Services, which she joined
in June 2004 after
graduating from UCLA
School of Law, receiving
her law degree and
Masters in American
Indian Studies. Michele
worked with the UCLA
Tribal Legal
Development Clinic, the
UCLA American Indian
Studies Program
and the Tribal Law and
Policy Institute before
joining CILS. Fahley’s
work focuses on protecting
the unique rights of
American Indians
and Tribes, including
advocating tribal rights in
juvenile cases,
protecting Indian students’
special education rights,
and cultural
resource protection.
Fahley currently serves as
Secretary for the
California Indian Law

Deborah Fritsch,
president of the ACLU
of San Diego & Imperial
Counties Board of
, published an
opinion piece in the San
Diego Union Tribune on
today's anniversary of the
U.S. Supreme Court's
historic ruling on privacy
and women's reproductive
Jan. 22, 2009
Op-Ed Published in San
Diego Union-Tribune
Also board member
Planned Parenthood

Kevin "KJ" Greene
Kevin “K.J.” Greene Voted
one of the Top Ten
Intellectual Property
attorneys in San Diego
County, KJ Greene is a
professor at Thomas
Jefferson School of Law,
where he has developed a
reputation as an IP
scholar. A Yale Law
graduate and a leading
expert on the subject of
African-American cultural
production and
intellectual property law,
his scholarship is among
the first in legal
academy to explore the
intersection of racial
subordination and
intellectual property law.
Greene volunteered with
the NY Civil
Liberties Union’s
“Unlearning Stereotypes”
high school program, in
which bi-racial teams of
lawyers open a dialogue
on race, gender,
class and sexuality issues.

Dwight Lomayesva
Lead Coordinator
Southern California Tribal
Digital Village,
Dwight K. Lomayesva
(Hopi) is Lead Coordinator
of the Southern California
Tribal Digital Village,

Mark Niblack

Susan Pollock

Yvonne Sanchez
Yvonne Sanchez has
served as a Board
Member for the past year.
Previously, she served on
the Washington State
ACLU Board.
Shevolunteers extensively
for both the ACLU and
Casa Cornelia Law
Center. Additionally she
brings over fifteen years of
experience in the
public and private sectors,
concentrated in
management, education
and training, and
community building. This
experience includes
policy analysis and
strategic planning; budget
formulation and
control; program
development and
evaluation; public
speaking; and
community activism.
Sanchez received a Ford
Foundation fellowship
for graduate work and a
NHLI fellowship that
included leadership
courses at the Kennedy
School of Government at
Paula Doss, J.D.
Director of Human
Resources for Equal
Opportunity at UCSD and
is an active participant in
several African-American
non-profit and arts
activities in San Diego
Director, EO/Staff
Affirmative Action
UC San Diego
Also Awards Two Key Volunteers

At its annual meeting today, the members of the ACLU of San Diego & Imperial Counties elected
four new members and re-elected two members to the board of directors.

Board Members
The four new members are:
- Mark Adams, a San Diego criminal defense attorney
focusing on the defense of serious felony
cases in district court.
- Dwight Lomayesva, III, executive director of the American Indian Recruitment (AIR) Program,
which targets at-risk youth and provides mentoring and tutoring services.
- Greg Rose, a vice president of product security for Qualcomm, Inc., where he works on
cryptographic security and authentication for mobile phones and other technologies. Rose served
as a judge for the ACLU's first Civil Liberties in Science & Technology Awards last spring.
- Stephen Whitburn, an award-winning former reporter who left journalism to advocate for open
government and social justice.

Returning board members are:
- Candace Carroll, a civil appellate attorney in private practice. Carroll is a past president of the
San Diego County Bar Association and of California Women Lawyers, and served for 11 years on
ACLU's national board.
- Susan Pollock, a former journalist and associate director of the Brady Campaign to Prevent Gun

Nominating Committee Members

At the meeting, ACLU members also elected three new members to the ACLU Nominating
Committee, which is responsible for seeking out broad representation for the ACLU Board of

- Isidro Ortiz, professor of Chicana and Chicano Studies at San Diego State University, and the
vice chair of the Education Consortium and co-chair of the Latino Concilio on Higher Education of
San Diego County.

- Eric Reyes, executive director of the Institute for Socio-Economic Justice in the Imperial Valley,
which focuses on issues facing the underserved.

- Ramsey Salem, Medical Services Director at Survivors of Torture International, which provides
preventative health services, access to secondary treatment, and medical advocacy for refugee
and asylum seekers in San Diego.

Bill of Rights Awards

Two key ACLU San Diego volunteers were recognized for their tremendous contributions to
the organization:

- Marilyn Adams, a 25-year veteran volunteering with the ACLU, she helps our legal staff
process requests for legal assistance, helpign the department process the scores of
requests we receive each month.

- Max Oltersdorf, a high school senior who has been working with us for several years and who
took on a massive project to prepare a web-based, interactive map of locked facilities (jails,
prisons, detention centers, etc.) and information on how inmates and family members can get
help or file complaints.

Marilyn and Max were both presented with the Bill of Rights Award, given at the discretion of the
board of directors to individuals or groups who deserve special recognition for their contributions
to civil liberties.
With comedian Tom Smothers and scholar Erwin Chemerinsky

Event is sold out!

Join us for a gala reception, dinner, silent auction, live entertainment, and special tributes to our
founders and clients as the ACLU of San Diego & Imperial Counties celebrates its 75th year of
fighting to protect civil liberties in southern California.

Noted constitutional scholar Erwin Chemerinsky will deliver the keynote address, and Tom
Smothers of the irrepressible Smothers Brothers will share his humor.

Our founder Helen Marston recognized the need for a local organization to fight for the freedom of
all and founded the San Diego ACLU in 1933. Marston devoted her life's work to protecting and
strengthening fundamental human rights, providing equal treatment of laborers, ending armed
conflict, and ensuring adequate social services to the poor.

To honor her and all our heroes and fighters in the subsequent decades, we invite you to our very
special dinner party.

Thursday, March 13, 2008
5:30 - 6:30 p.m. VIP Reception
6:00 - 7:00 p.m. Registration
6:00 - 7:00 p.m. No-Host Cocktail Reception
7:00 p.m. Dinner and Program

Hyatt Regency Mission Bay Spa and Marina

Live Music!
Entertainment by Tom Smothers!
Silent auction! Items will include a Norman Rockwell print, a Seattle get-away, Padres box seats,
and much, much more!

Tickets are $150.
Tables are $1500.
Other levels of sponsorship are available with special benefits including free ads in the program,
company or organization banners at the event, recognition on the invitation and on our website
and more. Contact us for details.

Sponsors to date
University of California, San Diego
University of San Diego School of Law
California Western School of Law
The Center
Cooley Godward Kronish LLP
Morrison & Foerster LLP
Viejas Casino
San Diego County Apartment Association
Lowell Blankfort
Candace Carroll and Len Simon
Debbie Fritsch and Pat Boyce
David Higgins and David Miles

Honorary Committee
Dede and Mike Alpert
Alec Cory
Harvey Furgatch
Delores Jacobs
Harvey Levine
Fred Oyama and Alice Yano
Abby Silverman
Arthur and Molli Wagner
Bree Walker
William J. Aceves

J.D. University of Southern
M.A. University of Southern
California [international relations]
B.A. Claremont McKenna College
[international relations]

After practicing law for two years,
Professor Aceves returned to
academia to earn an M.A. in
Government at Harvard University
and an LL.M. in International Law
at the UCLA School of Law. He
also served as the Ford
Foundation Fellow in
International Law at the UCLA
School of Law. In 1998, he joined
the faculty at California Western
School of Law. He was promoted
to Professor of Law and Director
of the International Legal Studies
Program in 2001.
Aug. 1, 2007 – Professor William
Aceves has been appointed
associate dean for academic
affairs at California Western
School of Law in San Diego.
Ruben J. Garcia
Professor of Law at the
of Nevada, Las Vegas, William S.
Boyd School of Law. Prior to
joining the UNLV faculty in 2011,
he was Professor of Law and
Director of the Labor and
Employment Law Program at
California Western School of Law
in San Diego, where he taught for
eight years.

August 3, 2010
California Western School of Law

Ruben J. Garcia was
recently inducted into the Labor
Law Group. The group is made up
of 40 international labor law
academics committed to
developing course texts and
materials that accurately reflect
the practice of labor law...

The Labor Law Group emerged
from the 1946 meeting of the
Association of American Law
Schools. At that meeting, former
Secretary of Labor W. Willard Wirtz
called for the development of
better books and materials for the
instruction of law students on
labor law.  

Labor Law Group includes 40
active law teachers from the
United States, Belgium, Canada,
Israel, and the United Kingdom,
who are prominent scholars in
labor and employment law.
Professors in the Labor Law
Group teach at premier U.S. law
schools, such as Georgetown
Law School, New York University,
University of California, Los
Angeles, and Yale University.
Previous members have included
top-level government officials and
a former justice of the Supreme
Court of California.

Garcia began his career as a
private practitioner in the Los
Angeles area. Since entering
academia and exploring the
effects of race, gender,
immigration, and globalization in
the workplace, he has shared his
expertise on the executive boards
of the Society of American Law
Teachers and the ACLU of San
Diego and Imperial Counties.
Garcia is also active in the Labor
and Employment Relations
Association, and serves on the
Executive Advisory Board of the
University of California, San Diego
Center for Research on Gender in
the Professions.

ACLU site:
Ruben J. Garcia was elected
to the affiliate board in 2008
and is active on the Outreach
& Membership Committee.
Ruben is a professor at
California Western School of
Law. His scholarship is in the
area of labor and
employment law, focusing on
the roles that race, gender,
immigration and globalization
play in the world of work.
Before teaching, he practiced
law on behalf of unions and
employees in Los Angeles.
He holds an A.B. from
Stanford, a J.D. from UCLA,
and an LL.M. from Wisconsin.
He also serves on the
advisory board of the
Employee Rights Center.
ACLU counsel David Blair-Loy
Affirmative action
National Youth Rights Association
Kevin Keenan is a fomer NYRA board member, and he is currently
serving as the Executive Director of the ACLU's San Diego chapter in
California. He is a graduate of Yale University Law School, and he has
been involved with the ACLU for several years. Keenan joined the
BOA in 2005.
San Diego's Mount Soledad Cross
Improving Human Rights To Be Topic of Talk by
ACLU Executive
Yale Bulletin
March 26, 2010

New Haven, Conn. — On Tuesday, March 30,
Kevin Keenan, executive director
of the American Civil Liberties Union (ACLU) of San Diego and Imperial Counties, will
visit the campus under the auspices of the Schell Center for International Human

A 2002 Law School graduate, Keenan previously served as interim director of the
ACLU affiliates in Nevada and New Jersey. He aided human rights reform efforts in
Belfast, Northern Ireland, following the Good Friday Peace Agreement and
monitored elections in the former Yugoslavia. Prior to coming to San Diego, Keenan
served as an attorney for children in Virginia's juvenile prisons and successfully
pressed for new laws to improve reentry services for children with mental health and
educational difficulties.

He is author of "Invasion of Privacy: A Reference Handbook" and, with Sam­uuel
Walker, "An Impediment to Accountability? An Analysis of Law Enforcement Officers'
Bills of Rights."
Kevin Keenan, San Diego executive director
Local congressmen
urge defense of
Soledad cross
BY Kendra Hartmann, writing for   
11 January 2011

In response to the Jan. 4 ruling
by the 9th U.S. Circuit Court of
Appeals that the cross atop
Mount Soledad is

Previously situated on city
property, the 29-foot cross now
resides on federally-owned
land, since the government
seized the lot by eminent
domain in 2006. Judge M.
Margaret McKeown, who wrote
the 50-page ruling by the three-
judge panel, stated, “the
memorial, presently configured
and as a whole, primarily
conveys a message of
government endorsement of
religion that violates the
establishment clause.”

The decision reversed the one
made in 2008 by U.S. District
Judge Larry Burns, who wrote in
his ruling that the cross was not
a predominantly religious
symbol, but rather one that
“communicates the primarily
non-religious messages of
military service, death and

That ruling, according to
attorney Jim McElroy, who
has been involved in the
case since the cross was
first challenged by atheist
and Vietnam War vet Philip
Paulson in 1989, “flies in the
face of common sense.”.

Important in this court’s
decision, said McElroy, was the
fact that, for the first time since
the issue was brought into the
legal arena, the ruling took into
consideration the community’s
past, including the “well-
documented history” of anti-
Semitism prior to 1970.
McKeown cited this history as
important for considering what
the cross might represent to
non-Christian observers.

“An informed observer is far
more likely to see the memorial
as sending a message of
exclusion against this backdrop
than if it had been erected in a
city without this pointed history,”
she wrote...
Term starting in 2011
In April 2011, ACLU site
incorrectly says this is the
2010-2011 board)

Mark Adams
Nasser Barghouti
Elizabeth Camarena
Candace Carroll
Jeff Chinn
Paula Doss
Michele Fahley
Ruben Garcia
Kevin "KJ" Greene
David Higgins, Board
Jonathan Lin
Dwight Lomayesva
Jim McElroy
Mark Niblack
Susan Pollock
Greg Rose
Hon. James Stiven
Joanna Tan
Stephen Whitburn
Paul Wong
Andy Zlotnik
2010-2011 board


2008 - 2009 Term

Board of Directors
William Aceves
Charles Bird
Pat Boyce
Linda Cory Allen
Candace Carroll
Mary Cruz
Deborah Fritsch, Board
Ruben Garcia
Wade Harb
David Higgins
Mark Niblack
Susan Pollock
Carol Rogers
Yvonne Sanchez
Len Simon
Hon. James Stiven
Lilia Velasquez
Lei-Chala Wilson

Board President, Deborah
Lifelong civil libertarian.
Accounting and finance
expert. Board member of
Planned Parenthood of
San Diego & Riverside

Deborah Fritsch is a first
generation American-born
citizen whose parents
valued civil liberties and
were active in NAACP and
CORE. She received the
first minor in Women's
Studies from UMass
Boston and an MBA from
the first woman-only
business school. Fritsch
has held executive
positions in accounting,
finance, and
administration in several
high-tech companies. She
served on the board, as
treasurer, and on the
executive committee of
Planned Parenthood of
San Diego and Riverside
Counties. Fritsch was
elected president of the
affiliate board in 2008.

You can contact the Board
President or any board
members by sending a
letter to:
ACLU of San Diego &
Imperial Counties
P.O. Box 87131
San Diego, CA
Candace Carroll

Paula Doss

Ruben Garcia

David Higgins
, President

Greg Rose

Hon. James Stiven

Stephen Whitburn
ACLU teacher seniority LAYOFFS lawsuit
ACLU  - American Civil Liberties Union
2 contradictory positions: Tarla
Makaeff v. Trump University
ACLU of San Diego claims that it does this:
The ACLU-SDIC promotes and defends civil rights and civil liberties,
including freedom of speech,
immigrants’ rights, equal protection, privacy, and due
process, through litigation and public education. Located in beautiful San Diego, the ACLU-SDIC
affiliate has sixteen staff members, eighteen board members, more than 8,500 members and an
annual budget of $1.2 million.

But, behind the scenes, the ACLU of San Diego behaves very
Dr. Nasser Barghouti is
president of the San Diego
chapter of the American-Arab
Anti-Discrimination Committee
(ADC), which focuses on civil
rights and empowerment of the
Arab-American community.He is
chair of the San Diego Coalition
for Justice in Palestine.
Originally from Palestine, he
grew up in Egypt and immigrated
the US in 1981. Barghouti
received a B.S., M.S. and
Ph.D., all from Columbia
University. He is a co-founder
of Objectiva Software
Solutions, a software services
company based in San Diego.
He is a long-time human
rights and civil rights activist
and member of both Amnesty
International and the ACLU.

Elizabeth Camarena is an
attorney in private practice with the
law firm Luna & Associates, LLC in
San Diego, California. She
specializes in immigration law with
a focus on representing
international professionals,
businesses and entrepreneurs.
Camarena is a graduate of U.C.
Hastings College of the Law. Her
work within the immigrant and
asylee community expands over
20 years. In association with Casa
Cornelia Law Center, Camarena
has advocated for the immigrant
community and represented
victims of human rights abuses in
San Diego and Imperial Counties
since 1994

Elizabeth Camarena, Esq.
Ms. Camarena began her
association with Luna &
Associates in May of 2008.   
Her areas of practice include wills
and trusts, immigration and
bankruptcy law.  
Attorney Camarena has extensive
experience in the private and
non-profit sectors
as well as a U.S. Federal Officer.
She represents individuals and
before federal administrative
agencies. Her wills and trusts
practice includes
clients throughout California.
Ms. Camarena received her
Bachelor of Arts degree from
California State University, Fresno
and her Juris Doctor degree from
U.C. Hastings College of the Law
in San Francisco, California. She
was admitted to the California bar
in December of 1991.Immediately
prior to her work with Luna &
Associates, Ms. Camarena lived in
Singapore and traveled extensively
throughout Southeast Asia.

Jeff Chinn is associate
director of the California
Innocence Project at
California Western School of
Law. He is responsible for the
daily case management of all
case files and supervision of
staff and law students
investigating claims of
wrongful conviction in
Southern California. Chinn
works with exonerees after
their release, including filing
state compensation claims.
He actively works with other
advocacy organizations on
public policy issues focusing
on criminal justice reforms. He
received a B.A. from the
University of California,
Berkeley and a J.D. from the
American University
Washington College of Law.

Jon Lin is a national sales
manager for the Sony
Corporation and has held
various positions since 2000.
Lin has been an active
volunteer with the ACLU of
San Diego & Imperial
Counties. He moved to San
Diego with his family when he
was three years old from
Thailand and has been a
resident of the City since
then. Lin would like to focus
his attention on outreaching
to Asian and youth
communities to promote the
work of the ACLU. Lin
graduated from the University
of San Diego with a B.A. in
business and finance.
Mark Adams
Michele Fahley
Kevin "KJ" Greene
Dwight Lomayesva
Susan Pollock
James McElroy
Mount Soledad Cross Case

James McElroy is a longtime civil
rights lawyer in private practice in
San Diego. He began his
association with the Southern
Poverty Law Center in the early
1990s, when he volunteered to
lead the SPLC's legal efforts to
collect the $12.5 million verdict
rendered against white
supremacist Tom Metzger for his
role in the murder of Ethiopian
student Mulugeta Seraw. McElroy
has spent more than 25 years
taking on civil rights cases in San
Diego. He served as chairman of
the SPLC Board of Directors from
2003 to 2009.

ACLU site:
Jim McElroy has been in private
practice in San Diego for over 30
years specializing in civil litigation
and civil rights. McElroy is a Master
in the American Inns of Court, past
President of the San Diego Inn of
Court, past Chair of the Board of
Directors of the Southern Poverty
Law Center and board member of
the SPLC and Juvenile Justice
Project of Louisiana. McElroy was
awarded San Diego County Bar
Association’s Service to the Legal
Profession Award, the
Outstanding Attorney of the Year
Award, the National Civil Rights
Award from the Anti-Defamation
Joanna A. Tan is a finance
and strategy consultant. She was
most recently the
chief financial
and operating officer at Envision
Solar, where she led the company’
s business strategy development
and execution and took the
company public via a reverse
merger. Tan was a vice president
at American International Group
and worked for J.P. Morgan in Asia.
Tan received her B.A. in
Government from Cornell
University and holds an M.B.A. in
Finance and a Masters in
International Affairs from Columbia
University. She volunteers at Helen
Woodward Animal Center and on
two Surfrider Foundation
committees (Rise Above Plastics
& Ocean Friendly Gardens).

Paul Wong is the dean of the
College of Arts and Letters at San
Diego State University and serves
as director of SDSU’s International
Partnerships, the Social Science
Research Laboratory, the Hostler
Institute for World Affairs, and the
Confucius Institute. Wong received
his B.A., M.A. and Ph.D. from the
University of California, Berkeley
and held diverse appointments at
universities in the United States.
has served as a consultant for
organizations including the U.S.
Employment Opportunity
Commission and Mexican-
American Legal Defense and
Educational Fund. Wong has
published on comparative racial
and ethnic issues, education,
poverty and welfare, community
studies, and policy analysis.

Andy Zlotnik is a
licensed California
attorney, real estate
and insurance broker

and founder of Zlotnik Law a
boutique law firm specializing
in real estate and corporate
finance. In addition to his
corporate activities, Zlotnick
has helped organize and
advise multiple nonprofit
organizations. Zlotnik’s
passion for civil liberties
issues arose during his years
as a labor organizer prior to
entering law school. Zlotnik
received his B.A. from the
University of Virginia and J.D
from the University of San
Diego. He has been a
member of the ACLU of San
Diego & Imperial Counties’
Budget & Finance Committee
since 2009.
Mark Niblack

Studied Anesthesiology
Residency at University of
Lives in San Diego
From Los Angeles

Owner at Sail USA · Jan 2006
to present · San Diego,
We charter two America's Cup Yachts, Stars & Stripes,
USA-11 and Il Moro Di Venezia, ITA-16 on San Diego Bay

Anesthesiologist · Jul 1985 to
present · San Diego
Anesthesiologist - Retired
from clinical practice

Saf-T Corporation
Owner · San Diego, California
Manufacture steel brace and
strap used in construction

The San Diego LGBT
Community Center

Grad School        
University of Florida
Class of 1985 ·
Anesthesiology Residency

University of California, San
Class of 1982 · M.D. ·
Medical School

Class of 1977 · Biology

High School        
University High School, Los
Class of 1973
starting after
2011 election:

Debra Coplan moved to
San Diego 18 years ago.
Before moving to San
Diego, she worked in graphic
design/advertising having
graduated from
Art Center College of Design
in Pasadena. She has been
involved groups that support
social justice, initially being
exposed at a young age
through her parent’s
involvement in the anti-
Vietnam war and the civil
rights movement. She is
particularly concerned with
women’s reproductive rights
and has attended meetings
and demonstrations
for NARAL Pro-Choice
America and Planned
Parenthood. Coplan is on the
Advisory Panel of the UCSD
Free Clinic which provides
medical services to
underserved communities.

Lorena Gonzalez is the
secretary-treasurer/CEO for
the San Diego and
Imperial Counties Labor
Council, AFL-CIO, a coalition
of 130 unions,
representing more than
189,000 working families in
the region. She is the first
woman and first person of
color to head the organization
since its inception in 1902. A
graduate of Stanford
University, she received a
Master’s Degree from
Georgetown University and a
law degree from UCLA.
Gonzalez is a vice president
on the executive council of
the California Labor

Bob Nelson is an
advertising and public
relations entrepreneur. He
was President Clinton’s small
business representative on
the U.S. Competitiveness
Policy Council, and board
chair of San Diego’s
Convention Center
Corporation, LGBT
Community Center,and
Revenue and
Competitiveness Commission.
Nelson was a director of the
Public Utilities Advisory
Commission and San Diego
Theatres, Inc. Other local
service includes the San
Diego County DA’s
Community Advisory Board,
Citizens Academy Planning
Group, and Reentry
Roundtable. He is a former
board member of the Orange
County Health Planning
Council, Saddleback
Community Hospital, and the
Land and Water Fund of the

Dana Shertz has more
than twenty five years of
executive experience at
EnDev Enterprises,
MacGregor Golf and Callaway
Golf. The EnDev team is
credited with helping to
revitalize San Diego’s
Gaslamp Quarter nightlife with
the openings of Stingaree
and Sidebar. Shertz co-chairs
the board of CONNECT’s
Sport Innovators, and serves
on the executive committee of
St. Vincent de Paul Villages.
He is currently the managing
partner of “Art of the
Unconscious,” the name of an
artistic process developed by
Max Shertz, and the name of
the business formed to
manage the artist’s work.
Downloaded Feb. 23,  2012

Senior Staff
Executive Director, Kevin Keenan
Keenan has been executive director of the ACLU of San Diego and Imperial
Counties since 2005. Keenan previously served as interim director of the ACLU
affiliates in Nevada and New Jersey. He helped human rights reform efforts in
Belfast, Northern Ireland following the Good Friday Peace Agreement and monitored
elections in the former Yugoslavia. He served as an attorney for children in Virginia’s
juvenile prisons and succeeded in pressing new laws to improve reentry services for
children with mental health and educational difficulties. He is author of Invasion of
Privacy: A Reference Handbook (ABC-CLIO 2005) and, with Samuuel Walker, An
Impediment to Accountability? An Analysis of Law Enforcement Officers’ Bills of
Rights (Boston University Journal of Public Interest Law 2005). In 2010, Keenan was
admitted as a five-year term member of the Council on Foreign Relations. Keenan
graduated from Yale Law School and Swarthmore College.

Communications Director, Rebecca Rauber
Rauber has devoted her professional and personal life to community organizing and
community development. She is the former San Diego director of an international
hunger relief organization, and program director for the Central American Refugee
Organizing Project of the Archdiocese of San Francisco, helping to create the
Sanctuary Movement of the 1980s. While with the archdiocese, she led delegations
of North Americans to see and live the reality of the region's civil wars. She was a
reporter and news anchor for KPFA and has written for numerous publications,
including The Daily Cal, San Diego Lawyer, and Boston Phoenix. Rauber has a
degree in English from the University of California, Berkeley.

Development Director, Jeff Wergeles
Prior to joining the ACLU, Wergeles was the director of development at the San
Diego LGBT Community Center overseeing all non-governmental fundraising and at
KPBS, public radio and television for San Diego, where he had responsibility for
major and planned gifts. He has an extensive resume of community involvement,
serving as president on the boards of Mama’s Kitchen and the Greater San Diego
Business Association for two terms at both organizations. Prior to working at KPBS
he was a member of their community advisory board, and also served a term as vice
president of the Diversionary Theater and on the boards of the June Burnett Institute
and the Association of Fundraising Professionals. He holds the Certified Fund
Raising Executive designation and a degree in economics from UCLA.

Legal Director, David Loy
After graduating law school, Loy clerked for the Hon. Dolores K. Sloviter on the Third
Circuit and then worked as a staff attorney with Office of the Appellate Defender in
New York City and as a public defender and a civil rights attorney in Spokane. He
serves on the Southern District Lawyer Representative Committee and previously
served on the board of California Appellate Defense Counsel. He was named one of
San Diego's Top Attorneys 2009 and 2010 by San Diego Daily Transcript . Loy has
a law degree from Northwestern and a B.A. from Brown, and is licensed to practice in
California and New York (with inactive licenses in Illinois and Washington).

Policy Director, Cynthia Buiza
Buiza has worked on international refugee, migration and human rights issues for
the past 18 years. Prior to joining us, she was Policy and Advocacy Director for
CHIRLA in Los Angeles. She worked in the Philippines with families affected by
political armed-conflict and with the UN High Commissioner for Refugees and Jesuit
Refugee Service among other internationally significant organizations. She has a
Masters in international relations from Tufts, a B.A. in social work from the
Philippines, and a Certificate in refugee studies from Oxford. Buiza co-authored a
book on armed conflict and internal displacement in the Indonesian Province of
Aceh, Anywhere But War, and also is a published author of poems and essays, the
most recent of which is an anthology on expatriates and Filipino cuisine called A
Taste of Home.


Business Manager, Laurie Levine
Levine has worked in the accounting field for 30 years. Her experience as the office
manager for a training and consulting professional prepared her for the multi-
faceted responsibilities of managing the business functions of the San Diego ACLU.
For five years she was the sole proprietor of a bookkeeping consulting service.
Levine’s belief in the dignity and equality of every human being fuels her passion
and dedication to helping the ACLU fight for individual rights and fundamental

Civic Engagement Attorney, Lori Shellenberger
Shellenberger brings a breadth of legal, nonprofit and community organizing
experience. She practiced law in the Appeals Bureau of The Legal Aid Society in
New York City, litigated numerous cases before New York’s highest court, the
Second Circuit, and U.S. Supreme Court, and worked to overturn New York’s death
penalty. She is admitted to practice in federal and state courts in New York, Ohio
and California. Shellenberger founded and directed PSLawNet, a nationwide non-
profit that greatly expanded legal services opportunities for lawyers and law
students. She has advised and served on the boards of numerous nonprofits and
founded a non-profit serving the needs of victims of Hurricane Katrina. She has
extensive experience in grass roots organizing and voter protection efforts in New
York City and Cleveland, Ohio, where she oversaw voter protection efforts in East
Cleveland during the 2008 election. She attended New York University School of
Law, where she was a Root-Tilden-Snow Scholar.

Communications Manager, Jess Jollett
Since 2009 Jollett has worked in both the communications and development
departments at the ACLU of San Diego and Imperial Counties. She formerly spent
two years as an Americorps VISTA serving a local refugee resettlement organization,
Survivors of Torture, International. Jollett has a degree in Media Communications
from Point Loma Nazarene University. She is also a leader in the local arts
organization, So Say We All, and her creative writings have been published in San
Diego CityBeat and the San Diego Writers, Ink Anthology.

Criminal Justice & Drug Policy Senior Policy Advocate, Margaret Dooley-Sammuli
Dooley-Sammuli will be joining the ACLU staff in mid-January 2012. She comes with
a breadth of experience, having served as the deputy state director with the Drug
Policy Alliance, where she led the organization's criminal justice advocacy. Dooley-
Sammuli previously spent five years in China where she was an editor wit the
Economist Intelligence Unit. She holds a degree from Bryn Mawr College.

Development Associate, Andrea Rodriguez
Rodriguez joined the San Diego ACLU in October 2010, after a year of working for a
large corporate law firm in Orange County. Her interest in development work was
initially sparked through a college summer internship where she worked as a
fundraiser for the Hillary Clinton for President Campaign in the New York campaign
headquarters. She received her degree in Literatures of the World with a minor in
International Migration Studies from UCSD, where she graduated cum laude.
Rodriguez had her research published in the anthologies Mayan Journeys: The New
Migration from Yucatan to the United States and Migration from the Mexican Mixteca:
A Transnational Community in Oaxaca and California.

Executive Projects Associate, Paola Guzman
Guzman began working for the ACLU of San Diego in Imperial Counties in 2009 after
working with ACCESS, Inc. a local non-profit that assists abused immigrant women
obtain legal status under the Violence Against Women Act (VAWA). She graduated
from the University of California, San Diego in 2007 with a major in Political Science
and minor in International Migration Studies. In completing her minor, Guzman
participated in the Mexican Migration Field Research Program led by Dr. Wayne
Cornelius. This program awoke a passion in her for immigrant rights that she has
been pursuing ever since. Her research was published in the anthology Mayan
Journeys: The New Migration from Yucatan to the United States.

Field Organizer, Ale Ricardez
Ricardez’s experience in community organizing and empowerment spans over fifteen
years and blends work with diverse nonprofits, government organizations and grass
roots movements in San Diego. During this time, she has been involved in the
development and implementation of community-based initiatives in the fields of
immigration, farm worker rights, civic engagement, and healthcare access at the
local and transnational level. Ricardez has a BA in sociology and is completing a
Masters in International and Regional Development at the School of Public Affairs at
UCLA. She is co-author of a chapter on recent Mexican migrants in San Diego in
Salir Adelante-Getting Ahead: Recent Mexican Immigrants in San Diego County
(2005), and appears as a contributor in Indigenous Mexican Migrants in the United
States (2004).

Legal Program Coordinator, Justine Morgan
Morgan graduated from the University of California at Davis with a degree in Mexican-
American Studies and then earned a Multiple Subject Teaching Credential with a
Spanish emphasis and began teaching a bilingual kindergarten and after-school
ESL program in Woodland, CA. After eight years, she started at UC Davis School of
Law as the legal administrator/office manager for the Immigration and Prison Law
Clinical Programs. In 2006, she joined the ACLU’s national Drug Law Reform Project
as a legal assistant, and a year later, joined San Diego ACLU as the legal program

Policy Advocate, Homayra Yusufi
Yusufi is trained as a policy analyst dedicated to creating change through
advocating for policy reforms. Yusufi served as a consultant for the City of Emeryville
and Emery Unified School District analyzing the impacts of housing policies on
educational outcomes and also spent three years working for CAIR San Diego where
she addressed civil rights issues confronting the Muslim community. Yusufi holds a
degree in Political Science from San Diego State University and a Masters in Public
Policy from the Goldman School of Public Policy at the University of California,

Staff Attorney, Sarah Abshear
Abshear is currently completing the second year of her two-year fellowship with the
ACLU, sponsored by Dewey & LeBoeuf. She works on a diverse variety of issues,
primarily free speech and police practices. Abshear received her J.D. from Columbia
Law School in New York City, where she was a Harlan Fiske Stone Scholar. She
received her B.A. in Political Science from the University of Kentucky, where she
graduated summa cum laude. Abshear is admitted to practice law in both California
and New York.

Staff Attorney, Sean Riordan
As a staff attorney, Riordan works on a range of issues primarily related to
immigrants’ rights and national security. Prior to attending law school at UCLA,
Riordan lived extensively in Arabic-speaking countries, studying Islamic history and
advocating for the rights of refugees. After clerking in the District Court for the
Central District of California, he began working at the ACLU as a Skadden Fellow in
A letter from the ACLU

Irony?  Yes, at least when considering the ACLU in San Diego.  Thankfully, other
branches of the ACLU are enthusiastically defending civil rights.  Here is a message
from the national ACLU legal director:

Make your year-end gift today and it will be matched dollar-for-dollar.
Steven R. Shapiro
ACLU Legal Director
December 29, 2012

The brilliant lawyers on the ACLU's team have a lot of great qualities. But you know the
one I appreciate the most? Their sheer tenacity.

We hate to lose. In fact, we never think of it that way. When we take on a critical civil
liberties case, there are only two options: We win or we keep fighting.

Sometimes the victories come quickly. Sometimes, they take years to achieve. But, we never
give up. Of course, our persistence wouldn't mean much if it weren't for the energy of ACLU
members and advocates like you.

Please, make your year-end gift to the ACLU in defense of freedom. Your donation will be
doubled thanks to our 2012 Matching Gift Fund. (Do not forward: This link will open a page
with your information already filled in.)

Right now, we've got six cases before the Supreme Court, and they couldn't be more
important. We are challenging discrimination against same-sex couples, a massive program of
national security surveillance, and the ability of corporations to patent human genes. We are
also fighting to preserve voting rights.

And those high-profile cases are just the tip of the iceberg. Throughout 2013, our attorneys
will carry the fight for freedom into courthouses and communities all across America...
San Diego Education Report
San Diego
Education Report
Is the ACLU in San Diego dramatically different from other branches of the ACLU?

Yes, startlingly so.  And the problem seems to have resulted from falling donations from ordinary
individuals, and rising donations from powerful individuals.

While the
Los Angeles branch of the ACLU has taken the lead in protecting civil rights in
schools, San Diego's chief counsel  has tread very carefully with San Diego school officials,
including Bertha Lopez and
Raj Chopra, who were indicted for corruption.

When Loy should have been involved in litigation with these and other officials, he claimed that
litigation is the worst option.

Students and adults have suffered in San Diego schools while David Loy refused to deal with
patterns of extremely serious civil rights violations that were seriously impacting education.  At the
same time, Mr. Loy sought media attention for a few settlements he reached with district lawyers
regarding one-time violations of student speech rights, creating the false impression that San Diego
ACLU cares about schools.  In fact, a tiny number of students were used to cover up Loy's refusal to
protect civil rights in San Diego schools.

It seems that powerful people who do not believe in civil rights have convinced the San Diego ACLU
board to look the other way regarding serious problems in schools, and instead to focus on
immigration rights.
ACLU lawyers may be brilliant as far as IQ goes, but
does not seem to act on stated ACLU principles

I have been impressed with the ACLU of Los Angeles and Orange County.  They have
done excellent work on the right to an education
, which may be the single most important
requirement of a democracy.

But in San Diego and elsewhere, ACLU head counsel David Loy seems to have  little
respect for the rights of individuals and he is willing to use education rights as a
bargaining chip
to get newsworthy settlements regarding student speech in schools.  These
settlements do little to promote civil rights in the real world, since behind the scenes ACLU
lawyers support schools' violations of employees' free speech rights and students' right to a
good education.

Loy is not alone.  Many school officials I have known are often interested only in their own
personal advancement.

Examples of this type of ACLU lawyer are Beverly Tucker, David Loy (see previous
article) and
Brent Barnhart.

How to explain the behavior of the San Diego ACLU?  I'm guessing that someone
must have given them a big donation.  Why else would they
have taken a silly case like
Johnson v. Poway all the way to the Supreme Court?
Attorney David Loy of the San Diego ACLU tells a blogger she
must remove all mention of Stutz law firm from her website

The email below was sent to me by Mr. David Loy, head counsel of the San Diego ACLU, in April
2010.  Shockingly, Loy was trying to silence my criticism of public school attorneys.  At the time of
this email, I had already filed an
appeal that I would later win regarding an injunction by San Diego
Superior Court Judge Judith Hayes.

Judge Hayes ordered me never in my life to mention the name of Stutz Artiano Shinoff & Holtz law
firm--not even to whisper it to my husband, or to seek counsel from a lawyer, or to report a problem
to the police.  The Court of Appeal found this injunction to be unconstitutional and "exceedingly

But the San Diego ACLU chief counsel insisted that I should remove all mention of Stutz law firm
from my website! In fact, since I had filed an appeal, the mandatory aspects of the injunction were
stayed and I was not required to take down my web pages about Stutz. I think Mr. Loy knew this. It
appears that Mr. Loy himself was intentionally trying to undermine the rule of law, even though he
tried to appear to be championing it:

to Maura Larkins
date Wed, Apr 28, 2010 at 9:18 PM
...However, the law does not allow anyone - a government official or a
private person - to disobey a court order because they believe it is illegal.
Under the law, the proper course is to seek appellate review of an order,
and/or a stay of the order, rather than to disobey it. The rule of law in our
system depends on compliance with court orders until or unless they are
stayed or reversed...

The California Court of Appeal said the injunction against
Maura Larkins was

Why did San Diego ACLU general counsel Mr. Loy go out of
his way to try to get Larkins to remove all mention of Stutz
law firm from her blog??
I believe  that the answer lies in Mr. Loy's
relationships with school attorneys.

The ACLU claims that it does not give legal advice regarding cases it refuses, but it turns out that
this is false. The ACLU refused my case, but I was given very specific legal advice by
San Diego
ACLU attorney David Loy regarding the defamation case against me by Stutz law firm.

Mr. Loy never modified his position, even when I won in the Court of Appeal.

Why was Mr. Loy so determined to make sure that I obeyed the obviously unconstitutional order of
Judge Judith Hayes? I'm a third-grade teacher, and I knew the injunction was unconstitutional.

Clearly, Mr. Loy knew perfectly well that he was insisting that I obey an unconstitutional order. I did
not follow Mr. Loy's legal advice; I would rather go to jail than obey that order. (And, in fact, Stutz
law firm asked Judge Hayes to put me in jail, but she declined.)

Stutz law firm attorney Jack Sleeth argued before the Court of Appeal that my appeal should be
dismissed because I disobeyed the trial court's order. Attorney Shawn Martin argued on my behalf
that no Appeals Court had ever dismissed a case because an appellant disobeyed the very order
that was being appealed.

The Court of Appeal asked Mr. Sleeth if he knew of any case law to back up his argument that
since the injunction was a sanction, it therefore was not constrained by the Constitution. He said he
had not been able to find any such case law, but he added, "I tried, believe me, I tried!" On August
5, 2011 the California Court of Appeal in San Diego ruled that Judge Hayes' (and Mr. Loy's)
demand was "exceedingly unconstitutional."

As I walked out of the Court of Appeal after oral arguments, I was approached by
Darren Chaker,
who has a website sporting a photo of himself posing with a smiling David Blair-Loy, apparently
taken at some ACLU event.

Mr. Chaker advised me to take down my website in exchange for Stutz law firm's agreement to not
to make me pay attorney's fees. I told Mr. Chaker that I would rather go to jail. He said, "I'm just
advising you to do this because they are so nasty." Then Mr. Chaker went over to Jack Sleeth, and
walked out of the courtroom chatting with Mr. Sleeth! Mr. Chaker later told me that he believed Stutz
law firm might represent him pro bono.

So the question remains, why on earth would David Blair-Loy try to silence someone who criticized
public school attorneys? Was he serving his own agenda, or the agenda of the board of the San
Diego ACLU? Perhaps both. Loy's goal seems to be to maintain a reputation as "highly civil" with
his fellow attorneys in San Diego, particularly those who are tasked by local schools with the job of
limiting free speech.

Loy refused to litigate abuses by school officials at Southwestern College and other schools,
claiming that litigation is the worst option.  More than one of the beneficiaries of David Loy's gentle
approach, including
Southwestern's Raj Chopra, was later indicted.

Loy refuses to confront schools regarding issues that seriously damage thousands of students, but
seeks media attention for his little settlements free speech for a few individual student reports and
student newspapers.

But no, Loy doesn't just refuse to deal with the serious issues.  He actively works to undermine
those who are trying to talk about the big issues.

Why did the ACLU board support Mr. Loy's actions? Were they trying to please big donors? I talked
to board president David Higgins about this, but he claimed that he understood nothing about the
law. I explained it to him carefully, but he continued to insist that he understood none of it. Why is
such an individual in the position of board president of the San Diego ACLU? My guess is that he
was chosen because he's willing to rubber-stamp every decision that David Loy makes, no matter
how hostile it may be to civil rights. I conclude that Mr. Higgins does not really care about the
constitution. I suspect he has a personal agenda that is limited to his own interests.

Update: David Loy's pal
Darren Chaker sentenced for bankruptcy fraud.
News, information and ideas about our
education system
by Maura Larkins
Kevin Keenan voted with his feet to leave the San Diego ACLU.  He preferred to
work for the NAACP.  I'm guessing he was not happy with the way decisions were
made at the San Diego ACLU.
You gotta let your big donors have their way, right,
San Diego ACLU?

[Reserve] Deputy charged in Tulsa shooting
By Catherine E. Shoichet, Jason Morris and Ed Lavandera
April 13, 2015

The Tulsa County deputy who shot and killed a man instead of using his Taser
now faces a manslaughter charge.

...They're also questioning why the 73-year-old Bates -- the CEO of an insurance
company who volunteers as a certified reserve deputy -- was on the scene in such
a sensitive and high-risk sting operation.

Attorney: Deputy was donor who 'paid big money
to play a cop'

Daniel Smolen, an attorney representing the Harris family,
said Bates paid big money to play a cop in his spare time.

"It's absolutely mind boggling that you have a wealthy businessman who's been
essentially deputized to go play like he's some outlaw, like he's just cleaning up
the streets," he said.
ACLU of California
Conference & Lobby
April 9, 2016

Date(s) - 04/09/2016 -
All Day

Holiday Inn Sacramento
Capitol Plaza