LOS ANGELES - Today Governor Schwarzenegger vetoed AB 849, an important bill that would end the discriminatory exclusion of gay and lesbian couples from marriage in California.

Schwarzenegger has said "gay couples are entitled to full protection under the law." But without the protections provided in the Religious Freedom & Civil Marriage Protection Act, Schwarzenegger has unfairly denied hundreds of thousands of people in California the dignity and protections of marriage.

The Governor can't have it both ways. Instead of perpetuating discrimination and cowering to the special interests of a few extremist groups, the Governor should ensure that all Californians are treated fairly and work to strengthen the freedoms and liberties of everyone.

Date

Thursday, September 29, 2005 - 12:00am

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LOS ANGELES - The ACLU of Southern California along with a Santa Barbara man filed suit today against the City of Santa Barbara and the Santa Barbara Police Department for violating his free speech.

Last November while reading the names of soldiers who died in Iraq during a peaceful commemoration of Veteran's Day on Santa Barbara's busy State Street, local police approached Michael and George Tocher, wrongly accused Michael of disturbing the peace, demanded identification and promptly arrested him.

'Our Constitution gives us the freedom to speak our minds and protects us from the Government's silencing of our political voice,' said Ricardo Garcia, ACLU/SC Criminal Justice Director. 'We remain concerned that the city condones its officers' conduct and that other community members may be risking arrest if they too choose to voice their political views.'

The lawsuit was filed today in federal district court in the central district of California for violations of Michael's First and Fourth Amendment rights. The ACLU of Southern California originally filed a claim in May with the City of Santa Barbara seeking damages for the two for the violation of their First Amendment rights, but the city denied the claim even though the Santa Barbara County District Attorney dismissed the charges against Michael Tocher.

'I would read the soldiers names again this Veteran's Day without hesitation, but I am filing this lawsuit because I hope that I or anyone else who wants to spark discussion and thought will not have to think twice before saying something,' said Michael Tocher, electrical engineer and father of two. 'I don't take lawsuits lightly, but it is our duty as people in this great country to speak out without fear of retribution.'

The Tochers, two of five brothers, are Santa Barbara natives. Michael lives in Nipomo and George in North Hollywood. They had read about 400 of the 1,200 names of soldiers when police arrived in response to a citizen complaint. George was not cited.

'My brother and I felt like we had to do something to remember the hundreds of soldiers who died in Iraq,' said George Tocher, a social worker in Los Angeles. 'We felt it was a very reasonable and non-offensive way of protesting the war. We didn't want to do anything negative, but rather bring awareness on Veteran's Day. Now we are concerned that other people may choose not to speak out in Santa Barbara for fear they'll be arrested.'

Date

Wednesday, September 28, 2005 - 12:00am

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LOS ANGELES - A Pasadena couple who was forced to remove a sign questioning the war in Iraq from the exterior of their home will be allowed to hang it from their home once again according to the city attorney.

Mary Gavel-Briggs and Patrick Briggs, who are long time Pasadena homeowners, filed suit two weeks ago along with the ACLU of Southern California after they were forced to remove two political signs that read "Support Cindy Sheehan" and "War starts with 'W.' Bush Lied. People Died." from the front of their home or face a fine of up to $500. The lawsuit sought a permanent injunction blocking the city from enforcing a municipal code that is counter to the First Amendment.

"We're pleased the city is planning to allow political signs on homes in Pasadena," said Mary Gavel-Briggs. "The signs are a small, but effective, way to facilitate conversations with our neighbors and passers-by. In a healthy democracy we need to be able to communicate with our community in this way."

City officials say they plan to rewrite an ordinance regulating the posting of political signs on residential property and the city attorney has recommended the city stop enforcing some of the regulations until a new ordinance is written. Current Pasadena Municipal Code states that for single-family and duplex homes the maximum number of signs what may be posted is "four signs per parcel" and that maximum sign area is "one square foot per sign" - about the size of a sheet of paper.

"The ordinance as it stands is patently unconstitutional," said ACLU/SC Legal Director Mark Rosenbaum. "Changing the ordinance will uphold the important principle that an individual's home is his or her soapbox. We applaud the efforts of the city of Pasadena to leave open this vital channel for political speech and we are hopeful a new ordinance will encourage political speech and not leave people open to selective enforcement."

The Briggs are active in community groups and their church. Mary Briggs is a third generation Pasadena resident and has owned the home in the North Pasadena Heights section of Pasadena for nearly ten years. The couple bypassed the rule last month to post a sign notifying neighbors they could leave donations for Hurricane Katrina victims at their house.

Date

Tuesday, September 27, 2005 - 12:00am

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