PASADENA - In a victory for civil liberties, the Pasadena City Council today passed a resolution condemning the unconstitutional aspects of the USA-PATRIOT Act. By passing the resolution, the City of Pasadena, joins over 332 cities, counties and even states throughout the nation that have passed similar resolutions.

"This is a tremendous victory for civil liberties," said Ramona Ripston, executive director of the American Civil Liberties Union of Southern California. "The City of Pasadena has taken a stand today by passing a resolution in support of civil liberties and critical of the USA-PATRIOT Act. Pasadena residents should be proud that their City Council stands on the side of over 59 million Americans in 41 states who believe we can be both safe and free."

"All across this country, people of all walks of life and of all political persuasions are continuing to voice concern about the expansion of government powers under this Administration," she continued.

The USA-PATRIOT Act was passed on October 26, 2001, just 45 days after the September 11th attacks. The 342-page piece of legislation was passed with little debate by the Members of Congress, most of whom did not even read the bill. The Act gives the Executive Branch sweeping new powers that weaken the American system of checks and balances that is designed to guard against government encroachment.

For more information on the USA-PATRIOT Act check the ACLU-SC's website: www.aclusocal.org

LOS ANGELES - In a ruling today, the U.S. Court of Appeals for the Ninth Circuit affirmed a previous federal district court decision that the presence of a cross located on the federal Mojave Desert Preserve is a religious symbol and violates the Establishment Clause of the U.S. Constitution.

The Ninth Circuit's published opinion was written by Judge Alex Kozinski, a Reagan appointee. All three judges on the panel were appointed by Republican presidents.

"The Court took a look at this issue and concluded that the case couldn't be clearer: a religious symbol on government property violates the U.S. Constitution," said Peter Eliasberg, managing attorney with the ACLU of Southern California. "At every level the courts have rightly agreed with this principle and there's no reason to believe that any amount of political grandstanding is going to impact years of established jurisprudence on these matters."

The cross in the Mojave desert sits on a federal land preserve in southeastern California between the cities of Barstow, California and Las Vegas, Nevada. The preserve encompasses roughly 1.6 million acres of the Mojave Desert. The cross itself is located in a section of the preserve known as Sunrise Rock.

The National Park Service (NPS), the agency that is charged with maintaining the cross, has been on notice about First Amendment violations since 1999 when the ACLU/SC sent a letter threatening legal action if the cross were not removed. In December of 2000, the U.S. House of Representatives added a rider to an appropriations bill that prevented the use of federal funds to remove the cross.

Last week, the Los Angeles County Board of Supervisors agreed to remove a cross from the County's official seal rather than face costly litigation in what would likely be a losing court battle.

"The ruling couldn't be more timely," said Eliasberg. "And the message couldn't be clearer to those who would have the County engage in a costly, and losing battle to defend something that is Constitutionally indefensible. Those who suggest that a reasonable defense could be mounted against such a clear Constitutional violation are engaging in an uninformed, disingenuous campaign."

LOS ANGELES - In a stinging rebuke to the California Department of Corrections today, the Ninth Circuit Court of Appeals ordered the release of Billy Soza Warsoldier, a Cahuilla Native American who had refused to cut his hair short on religious grounds, from the Adelanto Community Correctional Facility in Adelanto, California. The American Civil Liberties Union of Southern California, together with the law firm of Bingham McCutchen, had filed a federal lawsuit on behalf of Mr. Warsoldier after learning that he was being penalized for practicing his religion, a central tenet of which is the prohibition of cutting his hair except upon the death of a loved one. Mr. Warsoldier was denied visitation rights and other privileges for refusing to comply with the Department of Corrections' grooming policy, which stipulates that male inmates must keep their hair no longer than three inches.

The religious liberty suit was filed on behalf of Mr. Warsoldier on March 31st, 2004. On May 3, a federal district court sided with the state, denying Mr. Warsoldier's request for an injunction barring enforcement of the policy against him. At that time, Mr. Warsoldier was scheduled to be released from prison on May 21, 2004.

Only after the district court had denied the injunction was Mr. Warsoldier informed that, as a direct consequence of his refusal to violate his religion, he would be additionally punished by an extension of his time in prison until July 7, at the soonest. On May 21 - the date Mr. Warsoldier was to be released - the ACLU and Bingham McCutchen filed an emergency motion in the Ninth Circuit Court of Appeals, requesting that Mr. Warsoldier's punishments - including his additional prison time - be withdrawn immediately. The court granted the emergency request and ordered the state to release Mr. Warsoldier while his appeal is pending.

"We're very gratified by the court's decision," said Ben Wizner, staff attorney with the ACLU of Southern California. "Delaying Mr. Warsoldier's release for even one day as punishment for his adherence to his faith was a gross violation of his rights. We'll continue to fight this unjust policy until no inmate is made to suffer for practicing his religion."

Billy Soza Warsoldier is currently incarcerated at the Adelanto Community Correctional Facility in Adelanto, California. Mr. Warsoldier is a Cahuilla Native American. Both the Cahuilla tribe and the federal government have recognized his status as a Cahuilla. According to Mr. Warsoldier's faith, his long hair embodies the strength and wisdom he has acquired over his lifetime, and he would lose that strength and wisdom, and jeopardize his status in the afterlife, if he were to cut it. Therefore, since 1971, Mr. Warsoldier has cut his hair only once, upon his father's death in 1980.

"I don't understand why I'm being punished for practicing my faith," said Billy Soza Warsoldier, at the time the case was filed. "My tradition tells me that if I cut my hair, I may face taunting and ridicule from deceased members of my tribe. I would prefer to take the state's punishment than violate my faith."