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A good, enlightening time was had by all at the
9th annual Civil Liberties Monitoring Project (CLMP) public forum,
held Saturday September 25 in Redway. KMUD radio personality FredintheHills,
after announcing his impressive educational credentials, was a
delightful moderator and commentator. CLMP board member Marie
Mills was given the Bonnie Blackberry Civil Liberties award in
recognition of her service and guidance to CLMP.
HSU Professor Barbara Goldberg, one of
the founders of the Humboldt Committee for Conscientious Objectors
(HCCO) spoke about the draft. Professor Goldberg said although
Congressional bills to reinstate the draft (SB89 and HR163), introduced
in January 2003, seem to be going nowhere, the "poverty draft"
is well underway and military recruitment in the schools is rampant.
The "No Child Left Behind" Act requires all schools to provide
military recruiters with name, address and phone number of all
children over the age of 15, unless their parents opt out by signing
a form yearly. (Such a form is available at http://www.civilliberties.org/Ad_Parents_.pdf).
However, signing a form does not totally protect children, Ms.
Goldberg said. High school ring companies have been selling their
data to military recruiters and vocational testing done in schools
is sometimes administered by the military. Vocational test results
provided to the military allow them to tailor their pitches to
students, highlighting career interests like aviation. Goldberg
estimated it costs $15,000 yearly per recruit for recruiting programs.
Selective Service registration is a requirement--and
every young man who fails to register is guaranteed to be ineligible
for federally funded student loans, job training and federal jobs.
But Goldberg stressed that signing up for "delayed entry" into
the military does not obligate young people to enlist, and recruiters
don't always let people know about this. In fact, she said, recruiters
sometimes falsely tell delayed entry students they must enlist
or face going AWOL or having a permanent black mark on their records
that will preclude them from employment or college. The website
www.girights.org has a sample
letter students may use to de-enlist from delayed entry programs.
The GI Rights hotline has served 9700 callers in two years and
Goldberg asked for volunteers to answer the hotline at 800-394-9544.
Goldberg said that 40% of our forces in Iraq
are National Guard troops, some of whom are at the end of their
service contract but are held beyond this time by "Stop-Loss,"
put in place by Bush to keep active duty National Guard and reservists
who are deployed or about to be deployed to Iraq and Afghanistan
beyond their contract obligations.
Christina Allbright of North
Coast ACLU brought information in support of the SAFE Act
(S. 1709) which would roll back some of the worst PATRIOT Act
provisions, protecting library records and limiting "sneak and
peek" searches. Legislation known at the CLEAR Act (HR 2671) and
the Homeland Security Enhancement Act (S. 1906) would require
state and local law enforcement agencies to enforce federal immigration
laws without providing additional resources to local agencies.
The ACLU and the California Police Chiefs' Association oppose
these bills. More information can be found at www.aclunc.org.
Allbright said in Humboldt county the ACLU and
the Human Rights Commission worked to get an ordinance limiting
the Patriot Act passed, although at the last minute Supervisor
Rodoni changed the word "persons" to "citizens." ACLU and HRC
are working to reinstate rights for all in the language. She told
of the history of the effort to establish a citizens' review board
for police in Humboldt county. As a compromise, liaisons to each
law enforcement agency were established instead of a review board,
but Allbright said this system has disintegrated. She encouraged
citizens to continue to take complaints to the Grand Jury and
to liaisons, as well as to advocate for a bone fide citizens'
review board (but she predicted it will be a long haul before
we get one.)
The Forest Peace Alliance, formed after the death
of activist David Gypsy Chain, has been another frustrating process;
however Allbright said a panel including Chain's mother Cindy
Allsbrooks and forest defender Remedy plans to speak at a series
of upcoming town hall meetings. She put out a call for more observers
in Freshwater and the Mattole, acknowledging that since observers
may be trespassing they would be less effective. She is looking
to seek an injunction against arresting independent observers
and asked for volunteer help in researching the issue. Allbright
ended her speech by calling this an exciting but challenging time,
saying that although many are angry or cynical, optimistic voices
will be heard if they are loud enough.
Dale Gieringer of California
NORML (National Organization for the Reform of Marijuana Laws)
said he expects a watershed year in cannabis reform, largely due
to the anxiously awaited Supreme Court decision in Raich v. Ashcroft.
A ninth circuit appeals court ruling in that case says the federal
government does not have the power to outlaw medical marijuana
under the commerce clause. Gieringer is hopeful the so-called
"drug exception" to the constitution so often seen at the Supreme
Court level will not apply to this case, which is based on strong
states-rights arguments drawn from decisions by the Court's conservative
majority. If the Court rules positively in Raich, Geiringer said
it will be "monumental" and would require a re-writing of the
federal Controlled Substances Act.
Gieringer called SB420, the state law on medical
marijuana which went into effect at the first of the year, "confusing,
dubious, and of questionable constitutionality" especially regarding
the acts so-called limits or guidelines on cultivation and possession.
He noted that although Humboldt county's BOS's enacted more generous
guidelines, cities within the county (Eureka, Fortuna, and Trinidad)
are enacting their own limits instead. He said the California
Highway Patrol, which is independent of the Attorney General's
office, has been unique among law enforcement in ignoring the
medical marijuana law and recognized audience member Jason Fishbain
who he called resourceful enough to get the written policy from
CHP and is working on obtaining an injunction against CHP for
arresting patients (see www.stophippieprofiling.org).
CHP has announced it will follow SB420, which allows for transportation
by patients, once state ID cards are issued, which Gieringer predicted
will be sometime between February and April 2005.
Gieringer said he met with Democratic presidential
nominee John Kerry a year ago, and called him the most positive
candidate on the drug issue since Jimmy Carter. Kerry pledged
to set up a commission to study the medical marijuana issue, and
unprompted expressed his opinion that far too many low-level drug
offenders are in prison due to mandatory minimum sentences. Kerry
repeatedly voted against mandatory minimum sentences and the death
penalty for drug "kingpins" while in the Senate, and he also voted
against mandatory drug testing for transportation workers. However,
he believes in forfeiture and voted to end welfare benefits for
drug offenders. For those who wish to make a protest vote in the
upcoming election, Gieringer suggested voting for Judge James
Gray, a libertarian who is running against Senator Barbara Boxer
on a platform to end the drug war. Boxer has done nothing to help
medical marijuana patients for eight years and is unlikely to
be unseated by her Republican challenger Rep. Bill Jones. Jones
is author of "Three Strikes You're Out" legislation, which is
up for reform with Prop. 66 on the ballot, a measure supported
by CA NORML.
Measure Z, a measure in favor of taxing and regulating
cannabis use by adults (in other words legalizing it) qualified
for the ballot in Oakland this November. There is strong support
for the measure, said Gieringer, with 70% of Oakland voters polled
in favor of legalizing marijuana outright. The California Nurses'
Association endorsed the measure, and Alameda County Democratic
Party gave unanimous support. The measure would be advisory until
state law is changed, and would de-prioritize cannabis offenses
in the meantime. "We want Amsterdam in Oakland ASAP," said Gieringer,
to the audience's delighted applause. If successful, the measure
will be taken to other sympathetic locales, in the same manner
that won statewide support for medical marijuana.
Spring Lundberg, fresh from a second trial
in the seven-year pepper spray lawsuit, began her talk with an
amusing song, "I Really Like the Cops," which she said clarified
her opinion of the people who daubed pepper stray into her eyes
when she was 17 years old. The jury deadlocked 6-2 in favor of
the plaintiffs, and Lundberg read a letter one of the jurors sent
to www.nopepperspray.org
saying she was "greatly troubled and disappointed" as well as
"appalled" by the jury's failure to denounce the "excessive force"
used by law enforcement. Defense attorneys refused to accept a
non-unanimous jury verdict, and offered no settlement that included
an end to the practice of direct application of pepper spray.
Nonetheless, Lundberg noted, the lawsuit has had the effect of
ending the practice, calling it a "working injunction... protecting
the eyeballs of those engaged in forest defense." Lundberg said
that her legal team, the same one that won a $4.4 million verdict
in the Judi Bari/Darryl Cherney lawsuit, told her that the defense
will regret making the trial a dress rehearsal for the next one.
She ended with a song she wrote urging citizen action called,
"It's Up to Us."
Forest activist Remedy spoke next and
thanked Lundberg for protecting her eyeballs, noting that that
day had seen Pacific Lumber/MAXXAM forcibly removing treesitters
on Gypsy Mountain. "We need to be more diligent in filing complaints
instead of just complaining," she said, and backed up her words
by announcing that she has filed a lawsuit against Pacific Lumber
and the contractor who removed her from the tree where she was
sitting in March 2003. Remedy has also been served with a SLAPP
suit and invited participants to come to court and witness the
proceedings in Eureka.
The evening's end saw the drawing of the annual
Win-A-Trip to Maui fundraising raffle. The winning ticket, picked
by Remedy, belonged to Marilyn Haber. Congratulations, Marilyn
and thanks to all who sold raffle tickets and made the evening
possible. Special thanks to the Hockett family and Marie for the
delicious food and drink.
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