LOS ANGELES - In a victory for the American Civil Liberties Union of Southern California and the National Lawyers Guild, a federal judge has ordered a Temporary Restraining Order (TRO) against certain practices employed by the LAPD during the so-called "probation sweeps" being conducted by police officers in the Skid Row area.

"We are very pleased with the court's ruling," said Carol Sobel, attorney with the National Lawyers Guild. "The police are on notice that, at least for the time being, they cannot trample on resident's Fourth Amendment rights - no matter where they may live."

The ACLU/SC and National Lawyers Guild filed suit in March of this year to enjoin the LAPD's practices of stopping and searching people without any reasonable suspicion that they were either on parole or probation or if they were on parole or probation, that they had violated the terms of that parole or probation during the so-called "probation sweeps" of homeless residents in the Skid Row area. The sweeps were first enacted in November of 2002, as part of Chief William Bratton's "broken windows" policy. Groups representing skid row residents maintain that the sweeps violated residents' Fourth Amendment rights against unreasonable search and seizure.

The ACLU/SC and National Lawyers Guild filed for a Temporary Restraining Order soon after filing the lawsuit.

Judge Nora M. Manella's order reads in part: "...the Court finds that there is a substantial likelihood that Plaintiffs will prevail on the merits of their claims that Defendants' policies, practices and customs have violated Plaintiffs' Fourth Amendment rights to be free from unreasonable searches and seizures under the guise of conducting probation and parole sweeps, without reasonable suspicion to believe that the plaintiffs are 1) on parole or probation, or 2) have violated the terms of their parole or probation..."

"I think this ruling, for the time being, sends the message to the police that 'broken windows' is not a license to break the law," said Peter Eliasberg, managing attorney with the ACLU/SC. "We've said from the beginning that sweeps that violate the rights of residents, homeless or not, are not part of the solution."

Date

Thursday, April 3, 2003 - 12:00am

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LOS ANGELES - The American Civil Liberties Union of Southern California together with the Muslim Public Affairs Council, Progressive Jewish Alliance, and the Council on American-Islamic Relations, have announced the creation of a hotline for Iraqi-Americans seeking legal assistance with FBI interviews. The U.S. government has announced that they are seeking to interview over 10,000 Iraqis throughout the nation in an effort to gather information related to the Iraq conflict.

In the past, interviews conducted by the FBI and other law enforcement agencies have stirred unrest and fear among the Middle-Eastern communities. Complaints of harassment and improper or intrusive questions were commonplace.

"In setting up this hotline, the ACLU is continuing in its long tradition of helping those who need assistance during times of great national crisis," said Ramona Ripston, executive director of the ACLU of Southern California. "We want to make sure that people in the targeted communities are aware of the fact that they are entitled to have an attorney present during questioning. Together with volunteer attorneys we will work to make sure that those seeking legal assistance will not be left out in the cold."

Preliminary reports of the interviews currently taking place range from pleasant or courteous to rude and intimidating. Arab-American and Muslim-American organizations have repeatedly called on law enforcement officials to respect interview subjects' rights and refrain from treating the communities as suspects rather than partners in the war on terrorism.

"Guaranteeing and respecting the rights of those questioned, in keeping with constitutional standards, will help to enhance cooperation between American-Muslims and law enforcement," said Salam Al-Marayati, executive director of the Muslim Public Affairs Council.

"We have to work to ensure that all Americans remain safe and secure, both in terms of physical safety, and also in terms of safeguarding our civil rights and civil liberties," said Daniel Sokatch, executive director of the Progressive Jewish Alliance. "This is not a Muslim issue, a Jewish issue or an Arab issue, this is an American issue."

"We understand the governments' concern for public safety in this time of war, and also the American Muslim community's concerns about their civil rights," said Hussam Ayloush, executive director of the Council on American-Islamic Relations in Southern California. "This hotline provides the necessary protections to allow people to feel secure in the conversations with law enforcement agencies."

The hotline will provide callers with legal assistance including attorney referrals and general legal advice. The Southern California hotline number is: 213/977-5289.

Date

Wednesday, March 26, 2003 - 12:00am

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LOS ANGELES - In one of the first challenges to LAPD Chief William Bratton's "broken windows" policy, the ACL Union and the National Lawyers Guild filed a lawsuit in federal court today challenging the legality of the so-called "probation sweeps" that have been implemented in the skid row area.

The suit contends that the LAPD "adopted and pursued an unlawful policy, practice and custom of harassment" against the residents of the Central City East area, including the homeless in the area and residents of skid row's Single Room Occupancy (SRO) housing units.

"The police have been conducting these raids under the pretext that they are looking for parole violators and absconders," said Carol Sobel, an attorney representing the National Lawyers Guild in the case. "The fact is these raids are a concerted effort to harass, intimidate and threaten a vulnerable class of people in the downtown area. To say that only parole violators have been targeted flies in the face of facts and experiences recounted by area residents, some of whose rights were violated simply for walking down the street at the wrong time."

In late November of 2002, the LAPD began a series of "probation sweeps" in the skid row area. The purpose of the sweeps was to arrest purported parole and probation violators said to be living among the residents of skid row. Over 250 LAPD officers took part in the sweeps, together with officers from the U.S. Marshals Service, the California Highway Patrol, County Probation and parole agents from the California Department of Corrections. Law enforcement officials swept through the area, raiding low-income hotels or SROs, and stopping people randomly on the streets and sidewalks of the neighborhood. In many cases, residents were subject to unlawful searches and seizures.

"I was in my room and the next thing I knew there were about fifteen police officers outside my door," said Donald Fitzgerald, resident of the Simone Hotel, an area SRO. "The police came in and just started searching my room, asking me what the conditions of my parole were."

Upon searching his room, officers found eating utensils including a fork and knife. Mr. Fitzgerald was informed that the possession of the knife was a violation of his parole. He was taken into custody on an alleged violation of his parole for possession of the eating utensil. He was held for a total of six days, though no charges were ever filed against him for any crime or violation of the terms and conditions of his parole. As a result of his detention and missing work, he was fired from his job as a grounds maintenance person.

"This is just amazing," said Peter Eliasberg, managing attorney with the ACLU of Southern California. "Chief Bratton has to realize that these people have a right to be secure against unreasonable searches and seizures just the same as anyone else. It makes no difference if you live in a fancy Los Feliz home, like Chief Bratton, or in a $260 dollar a month hotel on skid row. You don't waive your Fourth Amendment right because you live in an SRO."

Date

Tuesday, March 18, 2003 - 12:00am

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