Tagged: ACLU

 The Michigan American Civil Liberties Union is criticizing Michigan’s only women’s prison for conducting invasive strip searches.

The ACLU says the Women’s Huron Valley Correctional Facility uses invasive body cavity searches after family visits, whether or not they believe a woman is hiding contraband.

Last week, the U.S. Supreme Court ruled law enforcement officials may strip-search people arrested for any offense before admitting them to jails.

The Michigan State Police is opening an internal investigation into a traffic stop that has raised allegations of racial profiling.

The ACLU called on the Michigan State Police to look into the February traffic stop of an American citizen of Mexican descent.

During the traffic stop in Livonia, the ACLU claims the state trooper interrogated about the man about his immigration status, apparently not believing the man’s claims that he is a naturalized citizen.

The driver was handcuffed, threatened with deportation and federal immigration agents were called.

The man was eventually released after his claim of being a legal U.S. citizen was confirmed.

In a written statement, the head of the Michigan State police says the department “expects its members to perform their duties in a professional and impartial manner”, adding the department does not condone “bias profiling”.

The U.S. Circuit Court in Cincinnati will hear arguments tomorrow about Michigan's constitutional amendment barring state universities from considering an applicant’s race in college admissions.

Michigan voters overwhelmingly approved ‘proposition 2’ in 2006. The amendment bars state colleges and other publicly funded institutions from considering an applicant’s minority status.

Mark Rosenbaum is with the American Civil Liberties Union. He says Prop 2 violates the U.S. Constitution by forbidding the consideration of race, while other factors like whether a college applicant’s parent is an alumnus, are still permitted.

“That’s un-American because it removes ‘racial identity’ from the vocabulary of a democracy," says Rosenbaum.  

Last year, a federal appellate court ruled against Prop 2.  Joy Yearout is with the Michigan Attorney General’s office.  She says the Attorney General finds a serious problem with that ruling.

“The U.S. Court of Appeals said that by banning racial discrimination it somehow perpetuates discrimination," says Yearout, "And if that sounds crazy to you, there’s a reason.  It just doesn’t make any sense.”

The case may eventually end up before the U.S. Supreme Court.

Michigan’s law against peaceful begging in public was challenged in federal court this week by the American Civil Liberties Union. 

ACLU attorney Miriam Aukerman says peaceful begging is protected speech under the First  Amendment.

“Begging is not a crime, asking for help is not a crime, being poor is not a crime. There’s been so much economic turmoil, and penalizing poor people because they need help is wrong….and unconstitutional.”

James Speet says he’s been arrested at least eight times in the Grand Rapids area for holding up a sign that reads “Need job… God bless.”

Speet, who’s often homeless, says he never hassles people.

“I don’t approach anybody unless I’m called over to them, by them. That way there’s never no people feeling like I’m being aggressive toward them, or anything like that. I let them come to me.”

The ACLU of Michigan says the Grand Rapids Police Department has arrested nearly 400 people for peaceful begging since 2008.

The Michigan Supreme Court today will consider a case that affects the 131,000 medical marijuana patients in Michigan. The case centers on where patients can grow their marijuana.   

Larry Steven King grew his medical marijuana plants in a locked dog kennel at his home in Owosso. King has a medical marijuana card. But police charged him with growing marijuana illegally. The kennel did not have roof.  

Prosecutors say that means it did not meet the state requirement for an ‘enclosed, locked facility’ . 

Attorney John Minock represents Larry King. Minock says the problem is with the Michigan Medical Marihuana Act, which he says is vague on what exactly an ‘enclosed, locked facility’ actually entails.   

“Larry was trying to comply with the law, as he understood it," says Minock, "The law on this area is not really clear.” The case split the lower courts. The trial court dismissed the charges, finding that the marijuana had been stored properly. But the Court of Appeals sided with prosecutors that the kennel did not meet the law’s requirements.

The American Civil Liberties Union of Michigan is suing Governor Snyder over the state’s new law banning domestic partner benefits.

Snyder signed the controversial law just before Christmas.

It prohibits school districts, counties and other public employers from extending health insurance coverage to employees’ unmarried domestic partners. State universities are exempted.

The ACLU filed suit on behalf of four couples. One plaintiff is Doak Bloss of East Lansing, whose partner of 18 years stands to lose his benefits under the new law.

Last month, shortly after Michigan Governor Rick Snyder signed a ban on healthcare benefits for the domestic partners of some public employees, the American Civil Liberties Union released a statement decrying the governor's decision and promised to "challenge the constitutionality of the law on behalf of families who will lose their health protections."

Now it looks like they are moving forward with that promise, according to a story from the Associated Press.

The AP reports that the ACLU "says it will file a lawsuit to challenge" the law and that the group "will discuss the case at a news conference Thursday in Detroit."

- John Wilson, Michigan Radio Newsroom

The state corrections department plans to test the use of tasers in four state prisons.   

The pilot program is intended to see if the electro-shock devices can be effective when dealing with unruly and uncooperative prison inmates. 

Andy Potter is the vice president of the state prison guards union. He says the  union has wanted to arm guards with tasers for years.  

Potter says "being able to utilize them when an inmate is being disruptive just makes sense.”     

The American Civil Liberties Union is raising some concerns about the plan. The ACLU says the corrections department should implement clear guidelines for the use of tasers so that they are not misused.  

Tasers are used by many law enforcement agencies, but their use has been criticized by groups who point to incidents of abuse and even death.

The Michigan ACLU filed a lawsuit in federal court today asking a judge to nullify a state law that prohibits panhandling in public places.

The lawsuit names Michigan state attorney general Bill Schuette, the Grand Rapids Chief of Police Kevin Belk, and Grand Rapids police officer Gregory Bauer as defendants.

The state law in question defines a "disorderly person" in part as a person who is "found begging in a public place."

ACLU of Michigan representatives say between January 1, 2008 and May 24, 2011, the Grand Rapids Police Department "produced 399 incident reports of individuals prosecuted under the unconstitutional state statute" - prosecutions that ACLU representatives say say led to 1,641 days in jail and $60,000 in expenses to taxpayers.

More from the ACLU of Michigan's press release:

“Anti-begging laws that punish that most vulnerable segment of our society are not only harsh, they are unconstitutional,” said Miriam Aukerman, ACLU of Michigan staff attorney. "Removing the reminders of poverty from our sight is not the answer to Michigan’s economic woes. We need laws and practices that provide compassionate solutions for our growing homeless population.”

ACLU lawyers filed the lawsuit on behalf of two Grand Rapids residents, James Speet and Ernest Sims.

The lawsuit indicates the two have been "repeatedly arrested or ticketed by police for violating the state’s blanket ban on begging in public."

“I see people holding up signs throughout the city advertising restaurants or protesting and they don’t get arrested or ticketed,” said Speet. “I don’t understand why my sign is any different just because I’m homeless and looking for a job.”

A Senior Attorney for the American Civil Liberties Union says “fear and fear-mongering” have defined the post-September 11th legal landscape.

Zachary Katznelson participated in a discussion panel on that subject at Wayne State University. He’s a Senior Attorney with the ACLU’s National Security Project.

Katznelson says the 9-11 attacks spurred the creation of a vast and secretive security apparatus that infringes on civil liberties.

The ACLU of Michigan is fighting for people they say were jailed unfairly because they can't pay their fines.

The Detroit Free Press reports:

Kyle Dewitt says the last thing he expected when he went fishing in Ionia County in May was to wind up in jail.

The American Civil Liberties Union has sued Genesee County Parks over petitioning restrictions. A woman was kicked out of Linden County Park last month while gathering signatures for the Committee to Recall Governor Snyder. When she asked why, the parks said their new policy does not allow petitioning in the park without a permit. Petitioners with permits were given an isolated 9-square-foot spot in the 135-acre park.

Michael Steinberg is with the ACLU in Michigan. He says barring petitioning except for a tiny spot in a park is especially shocking under the First Amendment.

"This problem of restricting petitioners is not isolated to Genesee County. We’ve been getting calls from people all across the state," Steinberg said.

Steinberg says he hopes the lawsuit will be an example for all Michigan officials.

- Amelia Carpenter - Michigan Radio Newsroom