Most of us coast through life without giving thought to the documentation we use throughout the day to prove our identity.   So what do you do if you don’t have documentation? 

As we’ve said before, California state law doesn’t require that you carry documentation to prove who you are, but, frankly, in our society it can be a huge inconvenience not to. 

So, in San Francisco, they created a municipal identification card for residents there — including people who might not otherwise qualify by virtue of their immigration status.  Check out this report on the law here:

Someon, however, contested the law in court, claiming that it circumvented federal law and that it granted some people privileges that not everyone enjoys. 

Well, the suit was dismissed by the court.  The law will stand (for now).  You can read the ACLU’s report of it here.Â

It hasn’t made the evening news (distracted as they are with lipstick and plumbers and all that) but apparently the government has taken advantage of our distraction to do something that hasn’t been done since the Civil War.  You see, the Posse Comitatus Act has prevented the American military from operating domestically.  When troops are needed, the National Guard is federalized and responds (or sometimes the Mexican Army as in post-Katrina).  Anyway, the Army is not allowed to operate domestically until now.  Word has it that a brigade has been trained in non-lethal operation against civilians within our borders!  Of course, Amy Goodman and Democracy Now! are on top of it and here is her report.

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And the ACLU wants to know more about it.  This is important stuff and you need to be informed.  Read the FOI (Freedom of Information) request here.�

The line between free speech and criminal speech or lawful assembly and unlawful assembly is frequently blurred.  But seldom are the distinctions enhanced once police agencies are involved often because it does not fall within the priorities with which they are dealing at the time. 

Case in point – the Chico Disorderly Events Ordinance.  This ordinance was passed by the Chico City Council earlier this year at the behest of the Chico Police Department because they felt they needed a tool with which to prevent some parties and celebrations from escalating into the very “ruckus” (as one local news organization called it) that happened early Sunday morning.  Take a look here and see if this looks like a “ruckus”:

The ACLU is concerned because the Disorderly Events ordinance may have been invoked to close down an assembly that may have been a lawful one until then  – depending entirely upon the judgement of the police officers.  Apparently in two different locations around town revelers spilled out into the streets at least partly in reaction to the action of the officers. 

This is of concern on many levels – but of greatest concern to the ACLU is the possible violation of Constitutional rights to free assembly — not to mention the escalation that occurred as the result. 

Read the Chico Enterprise-Record article of the event here.  Notice the insistence that the “ruckus” following the party happened because outsiders incited it as evidenced by the use of accelerants to create the fire.  (The question is asked, “Who brings accelerants to a party?”  Is it not probably a can of bbq lighter sitting next to one of the many bbq’s outside almost every house along one of the streets in that area?  Duh!)

With Halloween coming up, note this statement by Chief Hagerty as well:

“The chief said there will be more law enforcement every weekend from now through Halloween, meaning officers will be working overtime.”

 Hopefully people in authority will realize that the violation of rights that can happen so easily when the Disorderly Events Ordinance is invoked frequently results in pushback of the kind seen this past weekend.�

Here’s a great lecture from Prof. Jonathan Turley from 2006 that is very appropriate for today’s rememberance of Constitution Day.  Give a listen and reflect. 

There is an article on the ACLU Northern California site that is a must-read, especially considering recent events in Gridley.

ACLU Chico Immigration Committee members rushed to Gridley two-weeks-ago upon hearing of ICE arrests of several people from their homes, including a 14-year-old boy.  What was of greatest concern was the context in which the deportations took place — a gang task force composed of local law enforcement agencies — except this time ICE (Immigration and Customs Enforcement - a federal agency) was taking the lead and using it as an opportunity to make arrests under federal law. 

 It seemed unusual for ICE to be taking the lead in approaching individuals if this was in fact a local gang task force. 

Why does it matter?  It matters on many different levels.  It matters because local agencies are frequently stretched for funding and resources.  It matters because enforcement of federal law can require additional training.  It matters because of the risk factors involved for local officers called into this additional line of duty.

 One of the most important reasons is that cited by the ACLU Northern California article, namely the possibility of racial profiling and the failure to advise defendants of their rights under the American Constitution.  People arrested under California law must be arraigned within 72 hours of their arrest. 

People arrested for alleged immigration violations are often held for indefinite periods of time without formal accusations and without access to an attorney.  Due process frequently consists of a 10-minute hearing before a commissioner just minutes before being handed over to Mexican officials.Â

Noted newswoman Amy Goodman and other members of the press, including 2 of her own co-producers, were arrested at the RNC.  Following are vids of the arrests and press conferences following:

The ACLU of Minnesota is providing defenses to Goodman and others of the almost 300 people arrested by St. Paul Police in a crackdown on demonstrators that has had a chilling effect on freedom of speech outside the RNC.

Here’s a great article in the Post (Saturday, August 16,2008) discussing police surveillance. Check it out.Â

Last weekend there was violence in Hartford, a city of 125,000 people, and 11 people were shot, including a 7-year-old child.  The answer by the police is a 10 p.m. curfew of anyone 18 and under.  This link takes you to the Hartford Courant article regarding the violence and the proposed curfew.

This link will take you to the Connecticut ACLU website for their take on the issue.

Here’s a vid from Hartford regarding the ACLU challenge to the curfew.

 

Kind of interesting in that it parallels some issues that have arisen in Chico. I don’t think we’ve actually seen a curfew here (or maybe we have) but they are being used in other parts of the country and they’ve apparently been successfully challenged. Why? Because they typically lump together an entire class of people and place them under legal restriction. Pretty much a violation of their rights, right?

Check out this NY Times article about handling of a prisoner in ICE (Immigration Customs Enforcement) custody.  It is horrible! 

Keith Olbermann on Countdown last night said this is murder by our government pure and simple.�

Paradise police have just purchased shoulder microphones that record not only audio, but also video, this according to the Chico Enterprise-Record of August 13, 2008 and Paradise Post of August 14, 2008.  Other local police agencies are also considering purchasing the devices. Is this a good tool for the police or is it just one more instance of increased police surveillance and a violation of privacy?

Here is the link for the Paradise Post article dated August 14, 2008.

Here’s a vid from New Jersey regarding use of the device there.