ACLUNC Urges Sacramento City Council Committee Reject New Ordinance Restricting Free Speech Activities Around City Hall

Thursday, August 9, 2012
Contact: Cres Vellucci 916/996 9170

Attention: Assignment Desk

    ACLU of Northern California Urges Sacramento City Council Committee Reject New Ordinance Restricting Free Speech Activities Around City Hall; Briefing Set at 2:30 Today

    SACRAMENTO – The ACLU of Northern California has sent a letter to Sacramento City Council members sitting on the Law & Legislation Committee urging them to oppose a measure on the committee's agenda today (August 9) which would restrict free speech activities around City Hall.

    The ACLU/NC said the proposal "contains numerous unconstitutional burdens on speech" in a letter to council members Darrell Fong, Steve Cohn, Jay Schenirer and Sandy Sheedy.

ACLU letter re Proposed Ordinance 8/9/2012

Honorable Councilmember Jay Schenirer
915 I Street
Historic City Hall, 1st Floor
Sacramento, California 95814

Honorable Councilmember Sandy Sheedy,
915 I Street
Historic City Hall, 1st Floor
Sacramento, California 95814

Honorable Councilmember Steve Cohn
915 I Street
Historic City Hall, 1st Floor
Sacramento, California 95814

Honorable Councilmember Darrell Fong,
915 I Street
Historic City Hall, 1st Floor
Sacramento, California 95814

Re: Proposed Ordinance to Add Chapter 12.74 to the Sacramento City Code: Use of the City Hall Facility
Hearing date August 9, 2012

Dear Honorable Members of the Law and Legislation Committee,

Two Excellent Responses to Yolo Cnty D.A. Jeff Reisig's OpEd on the Death Penalty

Daily Democrat's Endorsement of Prop 34 and Deputy Public Defender's Response to Reisig Send Strong Message on Death Penalty

    When District Attorney Jeff Reisig submitted his op-ed in support of the Death Penalty, he probably had no idea the response it would trigger. Oh sure, the Vanguard's response was a given. But unlike his string of unanswered press releases, many of which have distorted the facts of the case and even the jury's verdicts and were reprinted verbatim without response, the op-ed generated considerable response.

    First, Yolo County's Public Defender, then two letters to the editor from citizens, then a brief commentary by Cosmo Garvin in the Sacramento News and Review. This weekend we saw and pointed out commentary from Deputy Public Defender Richard Van Zandt and an editorial from the Woodland Daily Democrat, which does not mention the Reisig piece, but comes out decidedly against the death penalty.

    So far, no one has stepped forward to defend the Yolo County District Attorney. More importantly, surprising voices, perhaps, have come out against him. To us, the silence speaks volumes, but the voices speak even louder.

Facebook, ACLU: Like is free speech

'LIKE' FREE SPEECH? Attorneys for Facebook and the American Civil Liberties Union want a federal appeals court to rule that clicking "Like" on the site is constitutionally protected free speech.

BACKROUND: The case revolves around six employees in Virginia who were fired after they supported a sheriff's re-election opponent in 2009. One of them had "liked" the Facebook page of the opponent. A judge ruled against the workers in April.

FACEBOOK, ACLU SWING BACK: Facebook and the ACLU want the appeals court to vacate the judge's decision. The ACLU also is advocating for the other fired workers.

Oakland PD caught racial profiling on video‏

Oakland PD caught racial profiling on video‏

    This is video from Occupy Oakland livestreamer and hella courageous citizen Jessica Hollie (aka Bella Eiko), who was apparently downtown for the “Justice for Alan Blueford” rally that had taken place earlier yesterday afternoon at Oscar Grant Plaza. Jessica confronts police who have just detained two young black men at gunpoint. I strongly encourage anyone who has ever fantasized about standing up to the police to watch all 17-1/2 minutes; you’ll get a lesson in defending your rights and a reminder that these thugs are supposed to be accountable to us.

9th Circuit finds Gov & Police can be held liable for excessive force

9th Circuit finds Gov & Police can be held liable for excessive force

    A three judge panel of the 9th Circuit U.S. Court of Appeals filed an unanimous ruling in Nelson v. City of Davis. The student plaintiff, Timothy Nelson was seriously and permanently injured by the excessive use of force by police in a 2004 incident at UC Davis. The Court found that the police actions violated a basic constitutional right, the Fourth Amendment right to be free of unreasonable seizure and invalidated qualified immunity for the police, meaning that police could be held liable for damages. ...

      Timothy Nelson, a former student of the University of California at Davis (“U.C. Davis”), suffered permanent injury when he was shot in the eye by a pepperball projectile fired from the weapon of a U.C. Davis officer when U.C. Davis and City of Davis police attempted to clear an apartment complex of partying students. Officers shot pepperball projectiles in the direction of Nelson and his friends as the students stood in the breezeway of the apartment complex, attempting to leave the party and awaiting instruction from the officers. The officers did not provide any audible warning prior to shooting towards the unarmed and compliant students, and never informed the young partygoers how to appropriately extricate themselves from the apartment complex in order to avoid becoming the target of police force.

A McCarthyite America: Sacramento's Threat to the 1st Amendment‏

Related: The Declaration of Independence: Fanfare for the Common Man and Woman", which is about how the average person truly believed in freedom (not the modern day cliche) and free speech. And, Shattering the Modern Day Myth of what the Boston Tea Party Was Really About, which is about how the Boston Tea Party Patriots were truly an 18th Century version of Occupy Wall Street


    I thought you would be interested the the latest city attempt to quash free speech rights. The City Hall exception to the park curfew is about to be radically changed - in effect, it appears any free speech, or other, activities on City Hall grounds will not be allowed unless and until the City Manager approves it, and then only with insurance and permit fees.

News Coverage: Mother who sold tamales outside Walmart on Florin Road faces deportation‏

National Univision "Quieren deportar a indocumentada en Sacramento por vender tamales"
[They want to deport an undocumented woman in Sacramento for selling tamales]

Sacramento Bee "Mother who sold tamales outside Walmart on Florin Road faces deportation"

More below

Deported for selling tamales in front of Walmart?

Rally and press conference for Juana Reyes, a Sacramento mother who has lived in the US for over 20 years after undocumented entry, protesting her arrest and possible deportation.

Entrapment Panel: How Law Enforcement Entraps Political Activists


How Law Enforcement Entraps Political

TUESDAY, JUNE 12, 6 P.M.SOL COLLECTIVE (2574 21st Street, Sacramento):

    A panel of experts will explore how people are targeted by law enforcement for "preventive
    prosecution" based on their political and religious beliefs. The panel will also include a
    discussion about the chilling effect this has on our 1st amendment right to political and religious expression.

    Panelists include:

    Sunaina Maira – Professor of Asian American Studies and author of the book Missing:
    Youth, Citizenship, and Empire After 9/11;
    Bradley Crowder - Former political prisoner who
    was entrapped by an FBI informant at the 2008 Republican National Convention protests;
    Jenny Esquivel - Member of Sacramento Prisoner Support and partner of entrapped
    environmental activist Eric McDavid.

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