News & Commentary

I am always surprised when I look up while waiting for a traffic light and see cameras mounted at each corner, obviously tracking the traffic activity. I always wonder what they do with the information. Is there someone watching live? Will they use it to determine the cause of an accident? Are they reading license plates looking for a lawless driver? What I do know is that surveillance cameras have become common place and most people are probably like me – we wonder about them and move on. Still, they bug me. The proliferation of surveillance cameras is unnerving. The most egregious use, though, has been in our public school systems. School administrators contend that cameras make people feel “safe” and give parents the impression that the school is actively protecting their children. They also believe that they need the cameras to cut down on theft – you know, to catch students who steal IPods or cell phones. However, there is not one ounce of evidence that cameras are effective at reducing theft or crime and in Michigan schools, cameras are rightfully not allowed in locker rooms and bathrooms where most theft occurs in schools. Yet in school after school, surveillance camera systems are being installed. Ann Arbor’s Pioneer High School is fit with a surveillance system (at an $80,000 cost to taxpayers) despite a strong protest from students and concerned community members. Novi High School has an intricate surveillance system that is paid for through a voted bond. Interestingly, in Novi, teachers negotiated to ensure that the cameras could not be used on staff, either for monitoring or incidentally. Despite this momentum, students in Birmingham, Mich., won an important victory recently and successfully deterred their schools from installing surveillance cameras throughout the buildings. As a former Birmingham Public Schools Board of Education member for ten years, I was proud of the students resolve and thoughtfulness when tackling this issue. The students became concerned about the potential surveillance system months ago and quickly embarked on a fact finding mission. They built support with school flyers and meetings, a presence on Facebook, and with an on-line petition. They reached out to the media and communicated with school board members about their activities and findings. Eventually, the students were allowed on the committee investigating the use of a surveillance system. And as part of the committee, the students visited schools using cameras and asked critical questions to discern the effectiveness of the cameras. The students spoke of their findings publicly at school board meetings, and ultimately the school board agreed that there was no compelling public safety issue at the schools that warranted a video surveillance system. Their story was highlighted in a recent article, Privacy vs. Security: Are you prepared for the thorny issues surrounding student surveillance? by David Rapp for Scholastic Administrator Magazine. For more information on rising use of public surveillance cameras systems in towns and cities across the United States, visit  www.youarebeingwatched.us.

Mohammed Jawad was around 12 years old when U.S. forces arrested him in Afghanistan as part of the post-9/11 search for Al-Qaeda. He has spent the last seven years illegally imprisoned at Guantanamo Bay where, as the Obama administration recently admitted, he was tortured. Records show that Jawad tried to commit suicide in his cell by slamming his head repeatedly against the wall. Earlier this week, the ACLU filed suit to return Jawad to Afghanistan in response to the Obama administration’s efforts to keep Jawad at Guantanamo while it decides whether to pursue a criminal case against him. Yesterday afternoon a federal court judge ruled that Jawad’s imprisonment was unconstitutional and that he should be repatriated to Afghanistan no later than August 21. Despite court rulings declaring military commissions unconstitutional, despite the evidence of torture against detainees at Guantanamo and Baghram - the “other Guantanamo” - despite public opinion in favor of the rule of law and despite a new administration that had pledged to clean up the mess left for them, we continue to require the courts to intervene on behalf of human rights. Detaining individuals indefinitely without charge or trial is un-American and violates our commitment to due process and the rule of law. Torture is an affront to human rights and a violation of the Geneva Conventions. No matter who our president is, we must uphold the rule of law. The Obama administration must end the policies of the previous administration and put an immediate end to indefinite detention and torture. You can help by sending to Attorney General Holder one of the thousands of documents from the Department of Defense that prove that detention without charge and torture have been standard operating procedure by U.S. forces.

Henry Louis Gates committed a crime. He was arrested for disturbing the peace, but that wasn’t his offense. Gates committed the age-old crime of being uppity. “Uppity adj: putting on airs of superiority: ARROGANT, PRESUMPTUOUS.” In decades past, this offense could get a black man lynched. The uppity crime is key to understanding how and why race is at the heart of this incident. By all accounts the arresting officer is not a bigot. In fact, it is claimed that he has helped train officers to become more racially and culturally sensitive. So if he is not a racist, what makes the incident racial? The answer: It happened in America. Like it or not, America has a ton of racial baggage. Universally-held notions of the proper stations in life of the various groups and individuals who comprise the country’s population linger. These notions are not consciously and deliberately acquired. They seep into our consciousness by osmosis. So on that fateful day as Professor Gates ranted and raved about racist cops in his own house, he did not “disturb the peace” as defined by the Cambridge ordinance, but he very much disturbed the arresting officer’s peace of mind. We all have roles to play – pre-designated stations in life – and for this officer, Gates was not in character. For Gates to scream at an officer of the law and charge racism was just too much. Order needed to be restored. Not public order, but the officer’s subjective sense of social order. Older black men don’t yell at police officers. It just isn’t done. Gates had to be arrested. But wouldn’t the officer’s reaction have been the same if Gates had been a 58-year-old, 150 pound white man who walks with a cane? No. Most likely, the officer would have chuckled to himself about how much the hypothetical white Gates reminded him of his own cantankerous uncle. It is normal - even expected that older white men will speak their minds. None of this can be proved. In fact, much of it is not even believed by many in our society. This is frustrating for the many people who call the ACLU of Michigan with complaints of racial profiling that we can often do nothing about because of the proof challenges these cases present. The degree to which these challenges will diminish has much to do with whether we are all prepared to use the Gates incident as a “teachable moment” as President Obama has suggested.

As summer continues to roll on, the temperature continues to rise. That will certainly be the case this weekend with the annual Hotter Than July! picnic in Detroit. The picnic is part of a weeklong series of events celebrating black gay pride. What makes the event even more special is that Detroit’s black gay pride is the oldest in the Midwest. Metro Detroit has always had a diverse and creative African-American community. From Motown to Menjo’s, we’ve been on the frontlines of what’s innovative. The events surrounding black gay pride are an extension of that legacy. While a lot of progress still has to be made in regards to the LGBT community and civil rights, there is much to celebrate! Supporting the LGBT community is part a long tradiation at the ACLU dating back to 1937. That year, the the national office took a case opposing censorship of the play “The Children’s Hour,” which included a lesbian character. And once again, we’re proud to stand alongside an event with an equally impressive history. So come celebrate this history with us. The picnic is Saturday, July, 25 at Palmer Park in Detroit. If you’re planning on attending the picnic be sure to stop by the ACLU table and say hello. You’ll even get a chance to take a picture with a familiar face -- Lady Liberty. Showing your pride is a great way to beat the summer heat, especially when it's Hotter Than July.

Who doesn’t like having a lot of friends? As an organization, we pride ourselves on the diversity of our members and our ability to affect change in the wider community. In order for us to do this effectively, we must reach out to those who rely on us, in an equally diverse way. This year we have expanded our reach on the internet. There’s nothing new about social networking sites like Facebook and Twitter. In fact, you or someone you know is probably tweeting while you read this. But what might be new to you is that you can be our friend or follow us on both of these sites. Over the course of the last few months, we’ve seen our membership on Facebook reach nearly 1,000 with Twitterers not far behind. Each of these sites provides us with an innovative way to get out the word about events, case updates and legislative alerts. So if you haven’t already, be sure to look for us on www.facebook.com and join our group – ACLU of Michigan. And while you’re at it don’t forget to follow us on Twitter at www.twitter.com/acluofmichigan. After all, how can we continue to defend your rights without a little help from our friends?

Update: The ACLU of Michigan is happy to report that after receiving our letter, Shiawassee County Administrator Margaret McAvoy has agreed that Mr. Gould has a First Amendment right to demonstrate in front of the Shiawassee County Courthouse on the Fourth of July and will allow his protest to take place without interference. In addition, as suggested in our letter, the County plans to explore establishing policies regarding protests on County property. We are pleased that this controversy resulted in the happy ending for free speech rights fitting of the Fourth of July, the day when we celebrate the freedoms that make our country great. Last week, our office was contacted by James Gould, a Shiawassee County resident seeking our assistance in defending his First Amendment right to demonstrate at the Shiawassee County Courthouse on Independence Day. Today, the ACLU of Michigan sent a letter to Shiawassee County officials requesting that the County respect Mr. Gould’s constitutional rights and not interfere with his planned protest. Mr. Gould is a member of the “Taxed Enough Already Party” or “TEA Party” and has organized an anti-tax rally planned for this Saturday, July 4th from 1 p.m. to 3 p.m. on the lawn of the Shiawassee County Courthouse in downtown Corunna, Michigan. Mr. Gould explained that when he sought a permit from the County to hold the demonstration, he was informed by County officials that they did not allow the Courthouse lawn to be used for rallies that there was no permit process in place allowing individuals to apply to use the property. This apparent absolute ban on rallies is concerning because there is perhaps no right more fundamental in a democracy than the right to gather and speak out against perceived abuses of power by the government in traditional public forums. As the Sixth Circuit stated in a case involving the steps of the nearby Owosso City Hall, “Streets, sidewalks, parks and other similar public places are so historically associated with the exercise of First Amendment rights that access to them for the purpose of exercising such rights cannot constitutionally be denied broadly and absolutely….” Our letter to Shiawassee County Administrator Margaret McAvoy reads in part: “We write to urge you to refrain from interfering with the fundamental right of Mr. Gould and the TEA Party to protest in a public forum. Our country was founded on the principle that individuals may peacefully speak out against what they perceive to be misguided government policy. Indeed, it would be ironic if Shiawassee County were to unconstitutionally punish Mr. Gould or suppress his speech on the Fourth of July, the day when we celebrate the freedoms that make our country great.” To view the full text of the letter, please click here. Libby Benton just completed her first year at Harvard Law School and will intern with the ACLU of Michigan through the summer.

This week, the Michigan legislature introduced one of the most comprehensive packages of prevention legislation. This is not about pro-choice or anti-choice, but about reducing the number of unintended pregnancies, which account for half of all pregnancies. Shouldn’t that be the ultimate goal? As Senator Gilda Jacobs said, these 15 bills are about basic human health rights and needs.

When can you tell if summer has officially begun? For me, it’s when I can enjoy dinner on a restaurant patio without fear of developing hypothermia. It’s also a good sign when the barbeque invitations start rolling in from friends. However, the warm weather brings more along with it than just dinner on a patio or hotdogs in the backyard. As with every other change of season, there are adjustments that have to be made in order to ensure that this summer will be one to remember for all the right reasons. While it may be time to dig in the closet to pull our shorts and sandals, it’s also a good idea to pick up a copy of The Voice, our very own student newsletter. In it you’ll find a lot of inspiring stories about cases we’ve championed along with a lot of useful information related to students and minors. You’ll also find a guide on how to throw a police-free house party and a thorough description of Michigan’s minor in possession laws. Michigan’s minor in possession laws and their enforcement aren’t always in sync. As a result, it’s important for minors to be aware of their rights as well as the consequences of their actions. For instance, did you know that police cannot force an underage pedestrian to submit to a breathalyzer if they don’t have probable cause? The publications on our website provide insight into a host of issues and provide valuable information about your rights in your community. So while school may be out that doesn’t mean that you don’t have some homework to do! Be sure to check out The Voice along with our other publications. You may be in for a surprise – our publications may just be a part of that summer reading you’ve been looking forward to.

Jay