Los Angeles needs a new jail. That's what the ACLU/SC is telling county leaders. The decrepit, overcrowded Men's Central Jail puts inmates and guards at risk of disease and violence. The answer: Tear it down and rebuild it smaller.

The ACLU/SC supports calls from Sheriff Lee Baca and special monitor Merrick Bobb to demolish the sprawling jail near downtown L.A.

Senior Counsel Melinda Bird also urged county supervisors at a Nov. 27 meeting to think creatively about how to reduce L.A.'s jail population, now the nation's highest.

"Building a new jail is prohibitively expensive only if we assume that we must replace 6,000 beds," she said. "A new jail tower with 1,000 or 2,000 beds, constructed next to Men's Central Jail, will cost far less than renovation and come on line faster."

The ACLU/SC urged L.A. to follow the path taken by New York City, which shrunk its jail population by one-third during the 1990s through common-sense steps. These included faster processing of defendants in the criminal justice system, pre-trial diversion programs, and improved discharge planning for inmates with mental illness and addictions.

These reforms would also help end the department's addiction to stopgap measures such as early release.

"If we could speed court processing so that average length of stay was reduced by just three days, we would save 2,000 beds without resorting to early release," Bird said.

These alternatives keep the community safe, but are far cheaper than building prison beds.

Date

Tuesday, November 27, 2007 - 12:00am

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LOS ANGELES - In fall 2005, Ken Stansbury and other Riverside residents were fuming over a recent U.S. Supreme Court decision involving eminent domain, the right of governments to take over privately owned land for projects deemed of benefit to the public.

So Stansbury did what California law allows: He started a petition drive for an initiative to stop the City of Riverside from taking land and giving it to developers. But before Stansbury could gather signatures to qualify his ballot measure, the city sued to halt the campaign.

Stansbury responded by filing a motion in California Superior Court in March 2006 under a law intended to prevent well-financed attempts to stifle free speech. California's anti-SLAPP law (short for Strategic Lawsuits Against Public Participation) has protected journalists, consumer groups seeking to expose industrial pollution, and ordinary people wanting to get involved in the political process. The Superior Court granted the motion and dismissed the suit, City of Riverside v. Stansbury, but a state appeals court sided with the city in October 2007. The initiative never appeared on a ballot.

Today the ACLU of Southern California, the Los Angeles firm of Bostwick & Jassy and Riverside attorney Richard Brent Reed filed a petition for review to the California Supreme Court asking it to overturn the Court of Appeals decision. The Supreme Court has 60 days to act on the petition.

'Riverside's lawsuit runs counter to California's tradition of direct democracy,' said Peter Eliasberg, Manheim Family Attorney for First Amendment Rights at the ACLU of Southern California. 'It sends a message that if you try to put an initiative on the ballot, you are likely to get sued and that the anti-SLAPP statute will not protect you, no matter how meritless the lawsuit. If the ruling is allowed to stand, initiative campaigns will be a game only the wealthy can play.'

The appeals court's decision would mean that an initiative's backers can be forced to defend the proposed initiative in court even before they know whether they can gather enough signatures to qualify it for the ballot. Stansbury and others like him could face thousands of dollars in court fees. 'That's expensive and undemocratic,' said Eliasberg.

'I'm not afraid of government,' said Stansbury, who has refiled the ballot measure. 'When the city decided to sue me, it became far more about democracy than about public use laws. This is an egregious SLAPP suit.'

Riverside is one of several California cities to sue initiative backers in an attempt to quash their campaigns. The ACLU/SC represents Jeff Furchtenicht, an Ojai small-business owner who filed an anti-SLAPP motion over two proposed ballot measures, one involving affordable housing and the other to ban chain stores from the Ventura County town. That case, Widders vs. Furchtenicht, is now in front of the Second District Court of Appeal.

Date

Wednesday, November 21, 2007 - 12:00am

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The Los Angeles Police Department has dropped its plan to map L.A.'s Muslim community as part of its counter-terrorism strategy.

The ACLU/SC raised serious questions about the surveillance plan, which a senior LAPD official announced in a Congressional hearing. The official said Muslim Americans could become suspects based on their exposure to certain religious teachings, instability in their countries of origin, and where they get their news.

The LAPD said it was shelving the plan at a Nov. 15 meeting with the ACLU/SC and groups representing Muslim Americans.

The ACLU/SC voiced doubts about the proposal because of the message it sent to Muslim Americans, and because of the LAPD's history of intelligence gathering on groups based on their political beliefs. "Police can and should be engaged with the communities they are policing, but that engagement can't be a mask for intelligence gathering," the ACLU/SC's Peter Bibring told a reporter.

The ACLU/SC believes community-based policing should be based on face-to-face contact with L.A.'s communities, not mapping. Consulting with Muslim Americans and civil rights groups would have alerted the LAPD to problems with the plan.

The ACLU/SC has filed a Public Records Act request seeking any documents relating to the mapping plan to make sure that it does not return by another name.

Date

Tuesday, November 20, 2007 - 12:00am

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