ACLU-NJ News - Poverty Rights

Urban Mayors' Association Weighs in on School Funding Formula

Newark - The American Civil Liberties Union of New Jersey and the Seton Hall Center for Social Justice today submitted a brief on behalf of the New Jersey Urban Mayors' Association in a long-running school funding lawsuit before the New Jersey Supreme Court. The brief challenges the state's changes to its education funding formula, which now places the burden to fund education back on municipalities that cannot afford to adequately fund education on their own. The changes disproportionately harm minorities and poor families, who suffer most from these changes.

"The state is asking struggling municipalities to choose between the future of their communities and the future of their children," said Irvington Mayor Wayne Smith, President of the Urban Mayors' Association. "That is exactly the untenable choice the court sought to prohibit."

In the 1990 case Abbott v. Burke (Abbott II), the New Jersey Supreme Court held that the state had failed to provide all students with a "thorough and efficient" education required by the New Jersey Constitution. Because school funding was linked to property taxes, and because many municipalities suffered from "municipal overburden," requiring them to spend a much larger percentage of their taxes on municipal services than wealthier suburban districts, municipal taxes alone could not adequately fund education in those municipalities. The Court then required the state to supplement funding in the most overburdened districts.

However, the state is now trying to change the basic funding structure that has been in place since the Abbott II decision to make overburdened municipalities pay for more education costs themselves. The brief submitted today on behalf of the Urban Mayors' Association explains that the problem of "municipal overburden" still exists just as it did when Abbott II was decided. In fact, the current high rate of home foreclosures and tax abatements in cities has made the burden worse because these circumstances affect property values and property taxes disproportionately in urban areas.

"The communities that are already the most burdened are the ones who will suffer even more from the state's changes," said Emily Goldberg of the Seton Hall Center for Social Justice. "The Abbott districts must spend significantly more than other districts on municipal services like fire and police, while at the same time their property values are lower. Residents of the Abbott districts therefore already pay higher taxes than most other residents in New Jersey."

The ACLU-NJ and Urban Mayor's brief can be found here.

From Pupils to Prisoners

The American Civil Liberties Union of New Jersey and Bethany Cares, Incorporated
invite you to attend

From Pupils to Prisoners: Examining the School-to-Prison Pipeline

Featuring a viewing of the short film

The Freedom Files: School-to-Prison Pipeline

and panel discussion with

Junius Williams
Director, Abbott Leadership Institute

Patrice Davis
Director of Criminal Justice, Essex County College

Ras Baraka
Central High School Principal, former
Deputy Mayor and Councilman-at-large

Jeremiah L. Grace
ACLU-NJ Racial Justice Organizer & Moderator

James Harris
NJ NAACP President

Ron Salahuddin
Newark Deputy Mayor and former Director
Essex County Juvenile Detention Center

Wednesday, February 20, 2008
5:30 p.m. - Reception • 6:00 p.m. - Film Viewing • 6:30 p.m. - Panel Discussion

Bethany Baptist Church
275 West Market Street, Newark, New Jersey • (973) 623-8161

The "school-to-prison pipeline," is a disturbing national trend that funnels thousands of children out of public schools and into the juvenile and criminal justice system. Many of these children have profound disadvantages such as living in poverty, having single-parent homes and having learning differences.

Free and Open to the Public

Co-sponsored by

NJ State Conference of the NAACP • People's Organization for Progress Newark Teachers Union
Newark Branch NAACP • Newark Councilwoman Dana Rone
American Friends Service Committee Prison Watch Project
New Jersey Institute for Social Justice • Second Chance Campaign of NJ

For additional information, contact:
Taquan Williams
twilliams@aclu-nj.org or (973) 642-2086

New Jersey Rejects Inhumane and Ineffective Death Penalty

Newark, NJ - The ACLU-NJ praised lawmakers today as Governor Jon Corzine signed a measure to end capital punishment in the state of New Jersey. The bill, which passed the state legislature last week with bipartisan majorities, replaces the death penalty with life imprisonment without possibility of parole. New Jersey is the first state since 1965 to legislatively repeal the death penalty.

"The death penalty is an archaic, inhumane and ineffective practice that most nations abandoned long ago" says ACLU-NJ Executive Director Deborah Jacobs. "It has proven fundamentally unfair and discriminatory, too often resulting in the execution of innocent people."

The bill was introduced in November after the New Jersey Death Penalty Study Commission concluded that capital punishment does not deter crime. The Commission found that capital punishment is "inconsistent with evolving standards of decency."

In addition to lawmakers, Jacobs acknowledged the tireless work of death penalty opponents, including the remarkable leadership of the New Jersey Coalition to Abolish the Death Penalty, and ACLU members from across New Jersey who lobbied their representatives in support of abolishment.

Gov. Corzine specifically thanked the ACLU for its dedication to this important issue. "I also want to thank advocacy groups, particularly . . . the ACLU and there are many other groups that joined in this process and I am eternally grateful," said Corzine.

According to the Death Penalty Information Center, which opposes capital punishment, New Jersey joins 13 states and the District of Columbia that do not use execution as a means of punishment.

"This is historic progress towards the end this cruel and futile punishment," says Jacobs. "We hope it will generate momentum in the campaign to end capital punishment nationwide."

The legislation (S171/A3716) was sponsored in the Senate by Senator Raymond J. Lesniak (D-Union), Senator Robert J. Martin (R-Morris/Passaic), Senator Shirley K. Turner (D-Mercer) and Senator Nia H. Gill (D-Essex/Passaic). It was sponsored in the Assembly by Assemblyman Wilfredo Caraballo (D-Essex/Union), Assemblyman Christopher Bateman (R-Morris/Somerset), Assemblyman Gordon M. Johnson (D-Bergen), Assemblywoman Valerie Vainieri Huttle (D-Bergen) and Assemblywoman Nilsa Cruz-Perez (D-Camden/Gloucester).

Help Make the Death Penalty History

The death penalty is the ultimate denial of civil liberties. Over the past 30 years, over 100 wrongfully convicted people were released from death row. The legislature is expected to vote on S163 to abolish the death penalty and replace it with life without parole before the end of the year.

State officials and opinion leaders have finally acknowledged what advocates have said for years, the death penalty is a public policy disaster that is expensive, discriminatory, cruel and immoral. In January, the New Jersey Death Penalty Commission issued a report that found that the death penalty costs more than life in prison and doesn't deter crime.

New Jersey reinstated the death penalty in 1982 but hasn't executed anyone since 1963. Currently eight people sit on New Jersey's death row. The Legislature imposed an execution moratorium in December 2005 when it formed the commission that studied the death penalty.

If approved by lawmakers and Governor Corzine, New Jersey would be the first state to legislatively abolish capital punishment since the U.S. Supreme Court reinstated it in 1976. Capital punishment is in force in 38 states. If the measure passes, New Jersey would be the 13th state with no death penalty.

Contact your legislators and Governor Corzine today to support an end to the death penalty in New Jersey.

End the Racist "Drug Free School Zone"

Ask your legislators and Governor Corzine to support an amended version of S4573, which reduces the so-called "drug free school zone" from 1000 feet to 200 feet. The "drug free school zone" law requires a three-year sentence for those convicted of distributing or possessing with intent to sell drugs within 1,000 feet of school property or a school bus, regardless of whether minors were involved or the individuals knew they were in a school zone.

The drug free school zone law is a poster child for criminal justice policies that are costly, ineffective and racially biased. This perspective is shared by people who have studied the law from across the political spectrum.

New Jersey's Sentencing Commission members, including prosecutors and public defenders alike, concluded that the drug free school zone doesn't reduce drug crime and has a discriminatory effect because of the density of school and other drug-free zones in urban areas, where more people of color live, compared to the suburbs. In 2004, over 96 percent of all people imprisoned with school-zone violations were African-American or Latino.

We have numerous policies that cost society a lot of money, but do little to keep people safe or rehabilitate those who enter criminal justice system. The saying "Jail costs more than Yale," really gets to the heart of the matter. We need policies that are smart on crime and will make a real difference in creating a safe society.

The ACLU shares the opinion of the Sentencing Commission members that the drug free school zone does not serve us well. Contact your legislators and Governor Corzine today to support legislation to eliminate the drug free school zone, or at least reduce it to 200 feet.

Contact Information

Governor Jon Corzine

http://www.state.nj.us/governor/govmail.html

Find your legislator

http://www.njleg.state.nj.us/members/legsearch.asp

ACLU-NJ Challenges Arbitrary Police Fees for March

Local officials imposed an unconstitutional police fee of more than $1,500
on CATA, the organizers of this May 1, 2007 march in Bridgeton, N.J.
Photo by David Bacon

En Español

NEWARK, N.J. -- The American Civil Liberties Union of New Jersey and the Farmworkers' Support Committee today filed a lawsuit in federal district court against the City of Bridgeton for charging a fee of more than $1,500 for an immigrant rights March held on May 1.

"This fee amounts to a user's tax on free speech and that is unconstitutional," said Frank Corrado, who on behalf of the ACLU-NJ is the volunteer attorney for the Farmworkers' Support Committee, also known as El Comité de Apoyo a los Trabajadores Agricolas or CATA. "Bridgeton is responsible for providing police and other government services for all forms of use of its public streets, including marches or parades. Imposition of these fees will mean that only the wealthy will be afforded the right to speak out on issues, and our Constitution thankfully forbids that."

This year, as last year, CATA held an immigrant rights March on May 1 in Bridgeton to express support for immigration reform.

In 2006, CATA's march was not charged any police or cleanup fees. As it did last year, CATA this year applied for a permit and worked with the police and the city to determine the route. Both years, the march occurred without incident.

However, this year Bridgeton demanded a $1,800 police fee and a $200 cleanup deposit. After negotiations between CATA and Bridgeton, the city agreed to drop its requirement that fees be paid prior to the march but added that it would bill CATA after the march.

Several weeks after the May 1 march, CATA received a letter from the city requesting payment for "additional" police expenses for the event, amounting to more than $1,500. CATA requested that the fees be withdrawn, but in a June 12, 2007 letter responding to the group, the city said that it would pursue its demand for the payment and, moreover, would continue to seek such reimbursement in the future.

"I don't see the logic the city of Bridgeton is using in prohibiting our rights to free expression that we all have living in this great country," said Mariza Ibarra, CATA board member and Bridgeton resident. "We are a vulnerable part of the population and we are only struggling to obtain dignity in this community and country."

In its legal complaint, the ACLU-NJ said Bridgeton officials exercised "unfettered, arbitrary discretion" in billing CATA for police expenses, since the city does not have an ordinance that authorizes it to impose fees for marches or parades.

CATA originated in 1975 as the ACLU-NJ Farmworkers' Project. CATA later reorganized independently as a migrant worker-organized membership organization that advocates for the human rights of migrant and immigrant workers. CATA has extensive membership throughout South Jersey and a committee of active leaders in Bridgeton that has organized both May 1 marches, as well as other activities in the community.

The lawsuit, CATA v. Bridgeton, was filed in U.S. District Court in Camden.

More information on CATA is available at http://www.cata-farmworkers.org

ACLU-NJ y CATA Demandan para Defender los Derechos a la Libre Expresión

Los oficiales locales impusieron una multa inconstitucional de mas
de $1.500 a CATA, los organizadores de esta marcha que ocurrió
el 1 de mayo del 2007 en Bridgeton, NJ. Foto de David Bacon

NEWARK, N.J. -- La Unión Americana de Libertades Civiles de Nueva Jersey (ACLU-NJ) y el Comité de Apoyo a los Trabajadores Agrícolas (CATA) y demandaron en el corte distrito federal a la ciudad de Bridgeton para cobrarles una tarifa de mas que $1,500 por una marcha por los derechos de los inmigrantes realizado el 1ero de mayo.

Esta tarifa se aproxima a un impuesto de usuario por la libertad de expresión y eso es inconstitucional," dijo Frank Corrado quien, de parte del ACLU-NJ, es el abogado voluntario para CATA. "Bridgeton es responsable para proveer policía y otros servicios gubernamentales para todo uso de sus calles publicas, incluyendo para marchas y desfiles. Imposición de estas tarifas significará que solo los ricos tendrán el derecho a expresarse, y nuestro Constitución agraciadamente lo prohíbe."

Este año, como el año pasado, CATA organizó una Marcha de Derechos de los Inmigrantes en Bridgeton para expresar apoyo para la reforma migratoria.

En 2006, la marcha de CATA no fue cobrada ninguna tarifa para policía o limpieza. Como el año pasado, CATA aplico por un permiso y trabajo con la policía y la ciudad para determinar la ruta. Ambos años, la marcha se realizo sin incidente alguno.

Pero, este año, Bridgeton demando una tarifa de $1,800 para la policía y un depósito de $200 para limpieza. Después de negociaciones entre CATA, la ACLU-NJ, y Bridgeton, la ciudad se acordó no requerir que las tarifas sean pagadas antes de la marcha, pero agrego que enviaría la cuenta a CATA después de la marcha.

Varias semanas después de la marcha del 1 de mayo, CATA recibió una carta de la ciudad solicitando pago para gastos "adicionales" de policía para la actividad, sumando a más de $1,500. CATA solicito que se retirara la cuenta, pero en una carta recibida el 12 de junio, 2007, la ciudad dijo que perseguiría exigencia de pago y más que continuaría a buscar tal reembolso en el futuro.

"No le encuentro el valor que lo usa para prohibir los derechos que tenemos todos los que vivimos en este gran país a la libre expresión." dijo Mariza Ibarra, miembro de la Junta Directiva de CATA y residente de Bridgeton, "...somos una parte vulnerable de la población y solo estamos luchando para obtener la dignidad de vivir en este mundo como Dios quiere y esta Nación pregona."

En su demanda legal, el ACLU-NJ, en representación de CATA, dijo que oficiales de Bridgeton practicaron "discreción arbitraria y ilimitada" en facturar a CATA para los gastos de la policía dado que la ciudad no tiene una ordenanza que autorice imponer tarifas para marchas o desfiles.

CATA origino en 1975 como un proyecto de Trabajadores Agrícolas de ACLU-NJ. Después, CATA se re-organizo independientemente como una organización propia de membresía de trabajadores migrantes que lucha para los derechos humanos de trabajadores migrantes y inmigrantes. Actualmente CATA tiene membresía extensa por el sur de New Jersey y un comité de líderes activos en Bridgeton que organizaron ambas marchas y otras actividades en la comunidad.

La demanda, CATA v. Bridgeton, fue sometida en la Corte Federal en Camden.

La queja esta disponible en línea a: http://www.aclu-nj.org

Más información de CATA esta disponible a: http://www.cata-farmworkers.org

Bridgeton Settles Free Speech Lawsuit with ACLU-NJ

NEWARK, N.J. -- The American Civil Liberties Union of New Jersey and the Farmworkers' Support Committee announced today that the City of Bridgeton has agreed to settle a federal lawsuit brought by the groups.

The ACLU-NJ and the Farmworkers' Support Committee, also known as El Comité de Apoyo a los Trabajadores Agricolas, or CATA, filed a lawsuit on July 9, 2007, against Bridgeton for charging a fee of more than $1,500 for an immigrants rights march held on May 1.

In the settlement, Bridgeton agreed not to collect any fees for the May 1 march or impose any fees for marches or other free speech activities in the city's public forums under its existing ordinances and policies.

"We're pleased that the city backed off of its unjustifiable position," said Frank Corrado, who on behalf of the ACLU-NJ is the volunteer attorney for CATA. "It clearly didn't have the authority to impose such fees on free speech activities."

The city retained the right to adopt new ordinances that regulated such activities. CATA retained the right to challenge such an ordinance if they believe it to be unconstitutional or otherwise invalid.

"We will closely monitor any proposed ordinances to ensure that the city does not unfairly burden the rights of immigrants - or anyone - to engage in free speech activities," said Nelson Carrasquillo, CATA Executive Director.

The lawsuit, CATA v. Bridgeton, was filed in U.S. District Court in Camden.

More information on CATA is available at http://www.cata-farmworkers.org