It’s hard to beat a town like LA – between the glam and the grunge, beaches and deserts, if it exists on earth you can probably find it in LA (or at least a good knock off). That’s why it was a tough pill to swallow when we found out that in 2009, or lovely little hamlet was the capital punishment capital of the United States, sentencing more people to death than any other county in the country. But it gets worse: not only did we beat out every county, we beat out every state, including our friends in Texas (who we usually don’t like to mess with). There were 13 Angelinos sentences to die in 2009, compared to 9 in the entire state of Texas. You can read all about it in this report, Death in Decline ’09 by the ACLU of Northern California.
So as much as we love LA, there are times when you’ve just got to roll up your sleeves and fix things, and this is one of those times. We’ve partnered with the LA County Coalition for Death Penalty Alternatives, a local grassroots coalition working to end death sentencing in LA County, and we need your help!
We’ll be meeting in our office this weekend, Sunday, January 9 from 3 to 5 p.m. to lay out a new structure for the coalition and re-focus our efforts to end the county’s broken death machine, and we need volunteers and activists more than ever! All across the county, we’ll need activists setting up tables to educate the public, meeting with elected officials, and planning events to help us spread the word about LA’s death penalty. Come join us this Sunday and learn how you can make a concrete difference in the criminal justice system.

In a major decision, a U.S. district court has ruled that federal officials must provide representation for two men with severe mental disabilities while they fight their deportation cases.

U.S. District Judge Dolly Gee’s decision Wednesday also guarantees they must be afforded a bond hearing to determine whether they should remain in detention.
Judge Gee’s decision marks one of the first instances in which a federal court has required the government to provide representation for any individual in immigration proceedings.

“The court’s well-reasoned order recognizes what common sense should already tell us: people with serious mental disabilities cannot get a fair hearing without representation in immigration court,” said Ahilan Arulanantham, an attorney with the American Civil Liberties Union of Southern California.

In March, the ACLU/SC, the ACLU of San Diego & Imperial Counties, Public Counsel in Los Angeles and the Casa Cornelia Law Center in San Diego filed suits in U.S. District Courts in Southern California on behalf of Jose Antonio Franco, 30, and Guillermo Gomez Sanchez, 48. Because of their profound mental disabilities, both men had spent years in immigration detention without legal assistance to fight their cases but were released just days after the suit was filed.

The groups then obtained the assistance of Sullivan & Cromwell and moved to transform the case into a class action on behalf of detainees with mental disabilities in November. The lawsuit alleges federal officials have deprived these immigrants of their Constitutional right to due process and violated federal anti-discrimination laws designed to protect people with disabilities.

Judge Gee’s ruling, which was temporarily filed under seal to protect private medical information, requires the government to obtain representation for the two individuals who are part of the class, both of whom face imminent deportation if not given assistance. The ruling also requires that these individuals be allowed a hearing with representation --- to determine whether any further detention is legal.

“Unfortunately, the stories of these two men are not unique,” said Talia Inlender, an attorney with Public Counsel. “Their plight is the direct result of a system that lacks procedures to address the needs of those with serious mental disabilities.”

Wednesday’s decision will ensure these immigrants who are too mentally disabled and too poor to pay for lawyers get a fair hearing and are not simply locked up and forgotten.

“Judge Gee’s thorough opinion is a first step in ensuring that the rights of those who are rendered helpless by their mental illnesses are not ignored,” said Michael Steinberg, a partner with Sullivan & Cromwell.

On any given day, some 37,000 immigrants are detained by immigration officials. While the exact number of detainees with severe mental disabilities is unclear, some reports estimate that at least two percent of the immigrants detained by immigration authorities nationwide might have a serious mental disability.

Unlike our nation’s criminal justice system, the immigration system has no standard procedures to resolve cases against detainees with mental disabilities who are not competent to understand the proceedings against them.

The litigation is currently on-going. Counsel in the case includes the ACLU/SC, Sullivan & Cromwell, Public Counsel, the Northwest Immigrant Rights Project, the ACLU’s Immigrants’ Rights Project, the ACLU of San Diego & Imperial Counties, and Mental Health Advocacy Services Inc.

SAN FRANCISCO — Today, the California affiliates of the American Civil Liberties Union partnered with Wendy Walsh, mother of 13 year-old Seth Walsh who recently took his own life after enduring years of anti-gay harassment at school, to send an important message to schools about anti-gay bullying. California law, in particular, requires schools to take specific steps to protect students from harassment based on sexual orientation.

"Seth told me he was gay when he was in the sixth grade. He was a wonderful, loving child, and I loved him for who he was. I can't bring my son back. But schools can make a difference today to keep this from happening to any more young people," said Wendy Walsh. "Schools need to take harassment and bullying seriously when parents or students tell them about it, and when they see it in the halls." Wendy also recorded an online video message, the first time she has spoken publicly since her son's death, which was released today.

An ACLU investigation found that officials in the Tehachapi Unified School District knew about and largely ignored the harassment Seth faced. Even after Seth's death, the district has not taken adequate steps to remedy the hostile environment for students who are or are perceived to be lesbian, gay, bisexual, or transgender (LGBT). The U.S. Department of Education has also launched an investigation of the school district. In a letter sent today, the ACLU outlines several immediate steps the district should take to create a safe environment for LGBT students. These steps are a template for schools to ensure that they are protecting all vulnerable students.

"Students have the right to be safe and supported at school for being exactly who they are," said Elizabeth Gill, staff attorney for the ACLU's LGBT Project and the ACLU of Northern California. "And parents deserve to know that their kids are going to school in a respectful environment where they are nurtured to reach their full potential. Public schools have a duty protect to protect students from harassment based on sexual orientation."

Seth's Story

On Sept. 19 Seth hanged himself from a tree in the family's backyard after facing years of relentless harassment that school officials effectively ignored. Seth was on life support for nine days before he died on Sept. 28. Seth is one of at least 11 LGBT young people who have taken their own lives in the past three months following severe harassment.

Seth was bullied based on perceived sexual orientation since the fifth grade, when students started calling him "gay." As he got older, the harassment became more frequent and severe. By seventh grade, taunts and verbal abuse were a constant occurrence. Students regularly called him "fag" and "queer." He was afraid to use the restroom or be in the boy's locker room before gym class. Seth's mother and close friends report that teachers and school administrators were aware that Seth was being harassed and, in some instances, participated in the harassment. Another student reported that one teacher called Seth "fruity" in front of an entire class. His mother's pleas to the school for help were often brushed aside. Seth had always been a good student, receiving A's and B's, but his grades quickly dropped to failing as the harassment continued. Friends reported that he became depressed and withdrawn. A note Seth left upon his death expresses love for his family and close friends, and anger at the school "for bringing you this sorrow."

Schools Can Make a Difference

"We can all agree that anti-LGBT harassment is a problem, but the unfortunate reality is that schools don't always have the tools or knowledge to adequately protect LGBT students," said James Gilliam, deputy executive director at the ACLU of Southern California. "Better harassment policies save lives and make a safer environment for all students."

In a recent national survey, nine out of 10 LGBT students reported being harassed at school. More than half of the LGBT students who are harassed at school because of their sexual orientation feel unsafe at school. A study published in the Journal of Adolescent Health in early 2010 presents solid data showing that LGBT youth experience significantly more bullying than heterosexual youth. A result of these factors is that LGBT youth are three times as likely to commit suicide as heterosexual youth.

The ACLU's recommended steps for schools to protect LGBT students include the following:

Five Steps for Safer Schools:

1. Create strong and clear anti-harassment policies and programs. 
2. Take all complaints of harassment seriously. 
3. Provide ongoing professional development for teachers, school counselors and administrators about identifying and stopping anti-LGBT harassment.
4. Explain the harmful impact of harassment to students and staff
5. Support Gay-Straight Alliances on campus

The ACLU's recommendations specify that anti-harassment and anti-discrimination policies should include actual or perceived sexual orientation and gender identity, as well as race, national origin, ethnicity, gender, and religion.