ACLU-NJ News

50 Faces of Liberty

Over our past 50 years, the ACLU has borne witness to major transformations in the landscape of New Jersey and led the way to justice in the state's legal terrain.

Thousands of people have helped the ACLU-NJ bring progress to people's doorsteps by forcing the state's laws and practices to evolve.

Fifty faces stand out for embodying what America stands for.

They're attorneys who fought religious discrimination, families who fought to adopt children, activists who fought racial profiling, athletes who fought for their rightful spot on the team, young mothers who fought to make their own choices, business owners who fought political corruption because people with more at stake couldn't and everyday people with nowhere else to turn except the ACLU.

They're 50 people who have fought at the front lines for democracy from 1960 to today.

These are the first of 50 faces of the ACLU, and these are their stories.

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Become a Face of the ACLU

All of us are faces of the ACLU. Each of us has a story to tell. Share yours with us.

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Newark's Public Housing Opens Doors to Free Speech

NEWARK - The ACLU-NJ announced a free speech victory yesterday for Newark's political candidates, who will now be able to extend their campaigns within the walls of Newark's public housing complexes.

"The right to engage in political activity is fundamental to American democracy," said ACLU-NJ Legal Director Ed Barocas. "Fortunately, candidates in Newark can now exercise their right to campaign freely, and residents of Newark will have the right to tap into the free flow of information."

The Housing Authority drafted a new rule and clarified existing ones after the ACLU-NJ contacted the housing authority expressing concern after hearing reports from City Council hopefuls John Sharpe James, Darrin Sharif and Louis Shockley that the NHA had silenced their constitutionally protected speech.

As in previous years — and as famously documented in the film Street Fight chronicling the candidacy of Newark Mayor Cory Booker — office-seekers reported their thwarted attempts to talk to residents door-to-door and use community rooms for campaign events. One candidate reported that the housing authority forced him to leave an outdoor townhouse complex where he had tried to make contact with voters, shutting residents out of the political process as a result.

After ACLU-NJ prodding, the housing authority confirmed that candidates can now hold political events in apartments' community rooms, discuss campaign issues door-to-door with tenants in townhouse complexes, and accept invitations from public housing residents to speak at political discussions in their homes — under the condition that tenants' associations play no role in the process.

"All I want as a candidate is the right to share my ideas with the residents of Newark, and to then let the residents decide for themselves," said Darrin Sharif, a candidate for Central Ward councilman. "I'm grateful that I can now participate in the democratic process without barriers between me and the people I hope to serve."

The ACLU-NJ has previously challenged numerous Newark policies and actions that infringed on free speech, including: Newark police arresting a newspaper publisher for refusing to turn over photographs the police did not want him to publish, an unconstitutional requirement for people to buy expensive liability insurance before holding marches or demonstrations, and a requirement that anyone distributing leaflets meet the police chief's standards for "good moral character."

In 2008, just as the City Council passed an ordinance firmly ending the insurance requirement, the ACLU-NJ was forced to write another letter to challenge the new ordinance — this time requiring a group of 15 people to secure a permit before gathering or walking down the street. In January 2010, after years of ACLU-NJ advocacy, the City Council finally passed a new ordinance that resolves many of the City's problematic permit policies.

ACLU-NJ Sues Newark Police for Abusing Transgender Woman

NEWARK — The ACLU-NJ today filed a lawsuit against the Newark Police Department in the case of Diana Taylor, a transgender Newark citizen tormented by officers who harassed her, falsely arrested her, and threatened her safety. Filing its third suit against the troubled department in as many years, the ACLU-NJ called for reforms of the department.

"The police did more than arrest me that day — they took away my rights, my dignity and made me afraid to walk down the street," said Taylor. "I'm fighting for something that's easy to take for granted but impossible to live without — the freedom to be myself and to live my life in peace. I had always thought the police were here to protect me, and I don't want to feel like I need protection from them instead."

The harassment began nearly a year ago, when officers approached Taylor on the afternoon of March 23, 2009. They steered their cruiser into her path, taunted her about her hair, and demanded she show them identification. She didn't have ID on her, but provided her legal name, Christopher Moore. "You're right; I owe you 10 dollars. It is a man," one officer told the other, apparently settling a bet between them about Taylor's gender.

The officers immediately began to torment her, calling her a "chick with a dick," "faggot" and other derogatory names and mocking her with questions about her sexuality as witnesses gathered. Though she had committed no crime, police took Taylor into custody in handcuffs to the precinct. Police searched crime databases hoping they could find grounds to justify arresting her, but her record was clean. Police continued to humiliate her throughout the arrest, including frisking her in a sexually intrusive manner. A lieutenant who had discovered the situation told officers to let Taylor go, but when she asked to file a complaint, the lieutenant dismissed her concerns, explaining the officers didn't mean her any harm.

The officers insisted on driving Taylor home, despite her protests that she lived only two blocks from the precinct and preferred to walk. During the short ride, the officers threatened to unleash gang members living in her neighborhood to confront her if she reported the abuse. Taylor refused to succumb to the intimidation, but it took weeks of trying and numerous phone calls to internal affairs to finally convince someone to take her complaint. Weeks after filing her complaint, however, she received a notice in the mail indicating that the police had cited her for "littering" and "disorderly conduct" — both of which she fought successfully in municipal court.

"The police should serve as a safety net against discrimination and harassment, not engage in it," said Neil Mullin, an attorney with the firm Smith Mullin representing Taylor on behalf of the ACLU-NJ. "Diana Taylor deserves the dignity and the justice the law entitles her to, which is why the ACLU is fighting for her."

The case is captioned Diana Taylor v. Newark Police Department, filed in Essex County Superior Court. The complaint alleges police violated the New Jersey Law Against Discrimination by stopping Taylor from using public accommodations and retaliating against her when she asserted her rights; infringed on her constitutional rights to be free from unlawful searches; and broke laws against harassment and false arrest. The lawsuit demands that Newark establish proper training, supervision and handling of complaints, and seeks damages for the unlawful actions taken by the police.

Seeking to reform the Newark Police Department, which the ACLU-NJ has sued twice before since 2007, the ACLU-NJ called for the department's leadership to discipline problematic officers, train officers comprehensively regarding sexual orientation discrimination, improve the department's shadowy internal affairs division, and, perhaps most importantly, enlist an independent monitor with authority to truly scrutinize the department.

"This is yet another incident of police abuse to arise from Newark's shortcomings in officer training and oversight," said ACLU-NJ Executive Director Deborah Jacobs. "When will Newark's leaders give police misconduct the attention and resources it deserves, what will it take to get there?"

In addition to Taylor, the ACLU-NJ currently represents clients in two other cases of abuse from the Newark Police Department. In June 2008, two young football players and their coach were abused in a traffic stop, and in 2007 a newspaper publisher was arrested until he turned over all copies of photographs taken for his publication, violating his free press rights. The ACLU aims to hold police departments accountable, and also has a long history representing police officers (44k PDF) whose rights have been violated or who have tried to stop corruption as whistleblowers.

On Monday, February 22, 2010 the ACLU-NJ will host a Know Your Rights When Stopped by Police training for members of Newark's LGBT community from 6 - 8 p.m at the Liberation in Truth Social Justice Center at 11 Halsey Street in Newark.

ACLU Cheers Court for Slashing Inflated Costs of Records

NEWARK — The American Civil Liberties Union of New Jersey applauded last week's court decision requiring government agencies to charge the public for only the actual cost of copying records — no more.

"This decision relieves citizens of having to pay exorbitant fees for records and helps to restore the public's trust in their government," said Bobby Conner, staff attorney for the ACLU-NJ Open Governance Project.

Ending the high fees to access government records has long been a priority of the ACLU-NJ, which formed its Open Governance Project in June 2009 specifically to end these kinds of barriers to transparency and openness through advocacy, litigation, and public education about access to government information and by working with government agencies to resolve disputes and concerns.

The court's decision, which takes effect July 1, 2010, resolves a longstanding problem written into the Open Public Records Act (OPRA), the law guaranteeing the public's access to government information. Although OPRA clearly states that government agencies cannot charge the public more than the actual costs of copies, the statute also provided a fee structure that allowed government agencies to charge citizens rates well beyond those of commercial copy shops for copies of public records.

The court clarified the matter by firmly limiting the fees to the actual costs of providing the records. If a government agency charges a fee higher than the maximum it can charge as listed in OPRA, the agency must document and justify the higher rate.

To determine the actual cost per page, as required, the court suggest agencies average all annual costs associated with its copying equipment and recalibrate the fees at least once annually.

"Public access to government is a right, not a privilege to those who can afford it," Conner added. "The public's right to know protects democracy, and the elimination of unnecessary fees protects the public. This decision removes what had been a thick barrier to citizen ownership of a transparent government."

The ACLU has long recognized that an open and transparent government is a founding value of American democracy. The ACLU-NJ's Open Governance Project, the only full-time public interest legal program in the state dedicated solely to open governance matters, works closely with the New Jersey Legislature and county and local government agencies to promote greater access to public meetings and records.

All Bets Are Off

When you're stopped by the police…

All Bets Are Off.

Come hear about the ACLU-NJ's lawsuit against the Newark Police Department for officers' behavior during the arrest of a transgender woman.

Monday, February 22, 2010

6 - 8 p.m.

Liberation in Truth Social Justice Center
11 Halsey Street, Newark, New Jersey

Learn about ACLU-NJ clients whose Internal Affairs complaints were mishandled after suffering through police abuse.
Understand how to interact with the police to keep your rights intact.
Share your stories and hear others' experiences interacting with police.
Learn about advocacy for police diversity and sensitivity training.

Sponsored by
American Civil Liberties Union of New Jersey

Co-Sponsors
Liberation in Truth Social Justice Center • Newark Pride Alliance
The African American Office of Gay Concerns • Newark-Essex Pride Coalition
LGBT Caucus at Rutgers School of Law-Newark

Free and open to the public

Refreshments served

ACLU-NJ Stops Landlord from Chilling Free Speech

SOMERVILLE — The American Civil Liberties Union of New Jersey (ACLU-NJ) on Friday stopped a prominent property manager from shutting down a local resident's free speech.

"This was a triumph for the First Amendment," said ACLU-NJ Staff Attorney Michael A. Norwick, who argued the case. "This ruling allows all citizens to speak freely, not just the rich and powerful. Expensive lawsuits shouldn't be used as a weapon to scare people into silence. This ruling strengthened the right to speak truth to power rather than the inclination among the powerful to control the conversation."

State Superior Court Judge Yolanda Ciccone sided with the ACLU-NJ in dismissing Plainfield landlord David Connolly's lawsuit, which claimed t-shirts graphic designer Christopher Spolarich had designed and marketed online defamed him. Spolarich, who runs a small side business selling satirical and issue-oriented t-shirts and novelties, called Connolly "a crook and a slumlord" in some of his merchandise. Connolly asked the third-party site selling Spolarich's merchandise to remove the vendor's wares and afterward filed what appeared to be a SLAPP suit, short for "strategic lawsuit against public participation."

The ACLU-NJ defended Spolarich's right to criticize Connolly, a well-known public figure in Central New Jersey. Connolly Properties manages approximately 60 residential apartment buildings in New Jersey and Pennsylvania, with about 30 of them in Plainfield. Connolly has come under intense public scrutiny in local media and among officials after complaints surfaced from his tenants of substandard living conditions. Connolly's properties have been cited for hundreds of building code violations, and his companies have pled guilty to dozens of municipal court complaints brought by the Plainfield Division of Inspections.

The judge ruled Spolarich's criticism to be a constitutionally protected opinion - not defamation - as a matter of law. Additionally, Connolly would not have been able to prove he had sustained any damages from the sale of Spolarich's products criticizing him, which were available for just slightly more than two weeks; the online store had complied with Connolly's wishes to take them down from the site.

"The prospect of being forced to pay thousands of dollars for expressing my opinions terrified me," said Spolarich. "I risked losing my house because I wrote a tongue-in-cheek slogan for a t-shirt. I'm so grateful that this ruling will send a message to anyone thinking of suing to stop free speech: no one can buy off the First Amendment."

The case, Connolly v. Spolarich, was filed in the New Jersey Superior Court, Somerset County.

5 Former AGs Challenge Jails' Blanket Strip Searches

NEWARK, NJ - The American Civil Liberties Union and the ACLU of New Jersey (ACLU-NJ) today filed a friend-of-the-court brief on behalf of five former New Jersey Attorneys General opposing the blanket strip search policies of the Burlington County Jail and Essex County Correctional Facility. The jails' policies currently require strip searches for people charged with but not convicted of minor offenses, and even when there is no reasonable suspicion that an arrestee possesses contraband.

"Strip searching every detainee is unconstitutional, it contributes little to jail security and it creates an intolerable risk of subjecting detainees to needless humiliation," said Ed Barocas, Legal Director for the ACLU-NJ. "There is no legitimate reason for these types of policies to exist."

The amicus brief , filed in the U.S. Court of Appeals for the Third Circuit on behalf of former New Jersey Attorneys General Robert J. Del Tufo, Deborah T. Poritz, John J. Farmer Jr., Peter C. Harvey and Zulima V. Farber, defends the privacy and Fourth Amendment rights of Albert Florence.

Florence filed a lawsuit in 2005 charging officials at the two jails with unconstitutionally subjecting him to two strip searches despite a lack of reasonable suspicion. The searches followed his erroneous arrest during a 2005 traffic stop for a fine he had already paid. He was ordered during the searches to squat naked and, while standing in front of prison guards, to lift his genitals.

"Being forced to strip naked is humiliating, and people charged with minor crimes shouldn't be strip searched unless there's a reason to think they're hiding something," said David Shapiro, staff attorney with the ACLU National Prison Project.

Consistent with legal precedent, U.S. District Court Judge Joseph H. Rodriguez ruled in February 2009 that the strip search of Florence violated the Constitution. However, officials representing both Burlington and Essex Counties appealed the decision, placing the case before the Third Circuit Court of Appeals.

The former Attorneys General's brief notes that Judge Rodriguez's decision prevents strip searches only for non-indictable offenses that do not involve contraband and when there is no reason to suspect contraband. Additionally, his decision does not preclude strip searches following visitation.

Previous federal rulings have also banned strip searches of low-level arrestees unless jail officials can prove reasonable suspicion that the inmate may have drugs, guns or other illegal contraband. The standard of reasonable suspicion still allows prison officials to use broad discretion in determining if a strip search is necessary.

A copy of the amicus brief is available online at: http://www.aclu.org/prisoners-rights/florence-v-board-chosen-freeholders-county-burlington-et-al-amicus-brief

Additional information about ACLU-NJ is available online at: http://www.aclu-nj.org

Additional information about the ACLU National Prison Project is available online at: http://www.aclu.org/prison

NJ Overturns Unjust Sentencing Law

Judges will now have discretion in sentencing for non-violent offenses

TRENTON — In a landmark victory for civil rights, the New Jersey Senate today passed a bill (S1866) revising a decades-old policy that had punished people more harshly for committing non-violent drug crimes within several hundred feet of schools, unfairly targeting city dwellers. Once signed into law, individual judges will be able to use their discretion to issue fair sentences appropriate to the crimes committed.

"This legislation is smart on crime, not soft on crime. It marks a major step forward toward achieving justice in New Jersey's criminal justice system," said Deborah Jacobs, executive director of the ACLU-NJ. "New Jersey's judges will now have authority to sentence people based on the severity of the crime, not the location."

This legislation overturns the drug-free school zone law, which mandated lengthy sentences for any drug crime committed near a school. As a result, people in New Jersey's more densely packed areas — for example, cities like Newark, Camden, Jersey City or New Brunswick — have been subject to a stricter standard of justice than those in the suburbs. Over the course of the drug-free school zone policy, 96 percent of those arrested for drug-free school offenses in New Jersey were black or Latino.

The Assembly passed the companion legislation, A2762, last year, and will need to vote on it once again to concur with the Senate version. Gov. Jon Corzine has said he will sign the bill once it reaches his desk.

This legislation promises fairness not only to New Jersey citizens relying on the criminal justice system, but to taxpayers. New Jersey's prisons and jails are dangerously overcrowded and many non-violent offenders are serving sentences much longer than needed. Judges will be able to decide the appropriate punishments, and New Jerseyans will know that everyone, everywhere across the state has a fairer shot at justice.

Changing this law has been a top priority for the ACLU-NJ over the past decade, in a broad coalition with organizations including the Coalition of Community Corrections Providers of New Jersey, Corporation for Supportive Housing, Families Against Mandatory Minimums, Hispanic Directors Association, Latino Leadership Alliance, New Jersey Association on Correction, Volunteers of American Delaware Valley and Women Who Never Give Up. In addition, cities like Newark and Camden have passed resolutions supporting S1866.

Pentecostal Minister Can Now Preach in Prison

Pentecostal Minister Can Preach In Prison Following ACLU Lawsuit

TRENTON — Prompted by an American Civil Liberties Union lawsuit, state prison officials in New Jersey have agreed to restore the right of a devout Christian prisoner to preach at weekly worship services and teach Bible study classes.

Under the terms of a settlement agreement, Howard Thompson, Jr., an ordained Pentecostal minister, will once again be allowed to preach in prison, a practice banned two years ago without any warning or justification.

"The decision by prison officials in New Jersey to allow Mr. Thompson to resume practicing his faith is a welcome acknowledgement that religious freedom in this country extends to all," said Daniel Mach, Director of Litigation for the ACLU Program on Freedom of Religion and Belief. "The ban on prisoner preaching was clearly at odds with the law and the American value of religious liberty, and this decision was long overdue."

Thompson had preached at weekly worship services at the New Jersey State Prison (NJSP) for more than a decade when, in 2007, prison officials issued a blanket ban on such preaching by inmates, even when done under the direct supervision of prison staff. In response, the ACLU and the ACLU of New Jersey filed a lawsuit on Thompson's behalf last December, arguing that the ban unconstitutionally infringed upon Thompson's right to freely practice his religion. The lawsuit named NJSP Administrator Michelle R. Ricci and New Jersey Department of Corrections Commissioner George W. Hayman as defendants.

Since entering NJSP in 1986, Thompson has been an active member of the prison's Christian community, preaching at Sunday services, teaching Bible study classes and founding the choir. His preaching never caused any security problems. Indeed, the prison's chaplaincy staff had actively supported and encouraged Thompson, believing that he was a positive influence on his fellow inmates.

"The ban prevented me from responding to my religious calling to minister to my fellow inmates, something I had done honestly, effectively and without any incident for years," said Thompson. "All I have ever wanted was to have my religious rights restored so that I could continue working with men who want to renew their lives through the study and practice of their faith."

Ordained in October 2000 during a service at NJSP overseen by the prison's chaplain, Thompson sincerely believes it is his religious calling and obligation to preach his Pentecostal faith and has always been willing to do so under the full supervision of NJSP staff.

"The right to freely express religious viewpoints without the fear of repercussions is one of Americans' most fundamental constitutional rights," said Edward Barocas, Legal Director of the ACLU of New Jersey. "It is gratifying to see prison officials in our state take that constitutional obligation seriously."

The legal team for Thompson included Mach and Heather L. Weaver of the ACLU Program on Freedom of Religion and Belief and Barocas and Nadia Seeratan of the ACLU of New Jersey.

A copy of the settlement agreement is available online at: www.aclu.org/religion-belief/thompson-v-ricci-et-al-settlement-agreement

A copy of the ACLU's complaint on behalf of Thompson is available online at: http://www.aclu.org/prison/restrict/37953lgl20081120.html

Additional information about the ACLU of New Jersey is available online at: http://www.aclu-nj.org

The lawsuit was just the latest in a long line of ACLU cases defending the fundamental right to religious exercise, a more expansive list of which is available online at: http://www.aclu.org/defendingreligion

Racial Justice Policy & Litigation Strategist

The American Civil Liberties Union of New Jersey seeks applicants for a full-time position of Racial Justice Policy & Litigation Strategist. The Racial Justice Policy & Litigation Strategist leads the ACLU-NJ advocacy work on civil liberties and rights problems that disproportionately affect people of color. The areas covered by the Racial Justice Program are police practices, criminal justice policy, prison and jail conditions, voting rights, education, and immigration. This newly created position offers a tremendous opportunity for an individual with strong initiative and drive to help shape the ACLU-NJ's advocacy and eliminate discriminatory policies and practices.

The American Civil Liberties Union of New Jersey is a nonprofit membership organization devoted to defending and promoting civil rights and liberties. The ACLU-NJ has a staff of 14 who are assisted by numerous volunteers in our fast-paced and friendly downtown Newark office.

Duties Include

Develop and implement proactive strategies for the ACLU-NJ's Racial Justice Program to advance civil liberties and rights in areas in which people of color are disproportionately affected including the criminal justice system, police practices, prison and jail conditions, immigration, voting rights and education.
Serve as lead attorney on Racial Justice advocacy and litigation. Plan and implement a proactive litigation strategy for Racial Justice.
Provide in-depth legislative and policy analysis on racial justice issues in New Jersey. Draft legislation and policy papers to improve New Jersey law in the Racial Justice arena. Monitor national trends in racial justice advocacy and assess potential for implementation in New Jersey.
Research data, conduct fact-finding and prepare reports regarding how certain policies disproportionately affect people of color.
Write and edit Racial Justice Program public education communications including press releases, web content, pamphlets, correspondence and any other written materials. Keep Racial Justice publications are accurate and up-to-date.
Supervise other Racial Justice program staff and interns and work collaboratively with all ACLU-NJ staff to optimize the impact of our work.

Desired Qualifications:

Minimum 5 years combined litigation and policy experience, including at least one year supervisory experience
Admitted to practice law in New Jersey or eligible for admission pro hac vice, and willing to take the next available bar exam
Familiarity with New Jersey courts, state agencies, governmental structure
Strong understanding of and commitment to civil liberties and racial justice
Excellent organizational skills
Excellent written and verbal communication skills, including ability to motivate and interact effectively with people from different racial, social and economic backgrounds
Experience with volunteer-based programs and managing volunteers
Self-motivated, reliable, and skilled at working as part of a team
Public speaking skills and experience

Compensation and Terms

The ACLU-NJ offers a generous and comprehensive compensation and benefits package, commensurate with experience and within parameters of the ACLU-NJ compensation scale.

To Apply

E-mail a letter of interest and resume to rjpls09@aclu-nj.org with a subject line of "Job ID 9734." Application materials sent via postal mail or fax will not be accepted. Resumes reviewed upon receipt. Position will remain open until the right person is found.

The ACLU-NJ is an equal opportunity employer, and is committed to a policy of equal treatment and opportunity without regard to age, color, disability, gender, gender identity, marital or parental status, national origin, race, religion, or sexual orientation.