The ACLU of Southern California won a quick First Amendment victory over the California Department of Food and Agriculture, which attempted to deny the Ku Klux Klan the use of a public forum under its jurisdiction in Riverside. A federal judge today issued a restraining order allowing the Klan's 'Hallowcaust 2002" to proceed at Harrison Hall in Riverside County, a site owned by the public and made available to the public for various expressive activities. The event, which will include a variety of First Amendment-protected expressive activities, was scheduled for this weekend. When state officials learned that the event was connected to the Ku Klux Klan, they attempted to cancel the contract they had signed almost a month ago authorizing the hall's use. The temporary restraining order (TRO) allows the event to proceed.
'This is a classic First Amendment case,' said Peter Eliasberg, the staff attorney at the ACLU of Southern California who pressed the case. 'When government gets into the business of choosing what kind of speech it will allow, the outcome is the suppression of everybody's freedom.'
'The ACLU, contrary to many conservative commentators' perceptions, does not protect only the speech of progressive groups,' said Ramona Ripston, ACLU/SC Executive Director. 'We defend the free speech rights of individuals and groups no matter where they fall on the political spectrum, from left to right and no matter how repugnant we find their message.'
The ACLU/SC will donate any court-ordered attorneys fees in the case to the Los Angeles Coalition to End Hunger and Homelessness, which fights for the basic survival of those most in need, just as the ACLU/SC fights to protect basic freedoms.

LOS ANGELES - A federal district judge today sided with the American Civil Liberties Union of Southern California, the Service Employees International Union (SEIU), and other civil rights groups in granting a preliminary injunction that would allow qualified, noncitizen airport screeners to remain on the job or be considered for jobs they lost as a result of a federal law that would require all airport screeners to be United States citizens. No such requirement exists for airline pilots, flight attendants, airline mechanics, or even members of the U.S. armed forces or National Guard.

'This is a victory for our national security,' said Mark Rosenbaum, legal director for the ACLU/SC. 'Some of these workers have served in our nation's armed forces and many have longtime experience as screeners. There is simply no rational reason why qualified, hard-working screeners should be excluded from consideration for these positions based solely on their national origin.'

As part of the Aviation and Security Transportation Act, noncitizens were barred from working as screeners even though no such requirement was put in place for airline pilots, flight attendants, mechanics of members of U.S. military. In January of 2002, the ACLU/SC filed suit on behalf of nine legal resident, noncitizen screeners employed at LAX and SFO airports. The government later filed a motion to dismiss the case and that motion was denied on Wednesday. Today, judge Robert M. Takasugi issued a preliminary injunction, preventing the government from enforcing the citizenship requirement of the Aviation and Security Transportation Act.

'This has never been about guaranteeing people jobs,' said Ben Wizner, staff attorney with the ACLU/SC. 'All we're asking is that these people be given a chance to apply for these posts and have their applications considered on the basis of their qualifications, not their national origin.'

LOS ANGELES - A federal district judge has sided with the American Civil Liberties Union of Southern California, the Service Employees International Union (SEIU), and a coalition of civil rights groups by ruling that their constitutional challenge to the government's exclusion of qualified non-citizen baggage screeners from eligibility for federal screener posts may go forward. Non-citizens - including legal permanent residents and United States nationals - were categorically barred from new federal screener posts as part of the Aviation and Transportation Security Act, even though no such requirement exists for members of the U.S. military, airline pilots, baggage handlers, flight attendants, cargo loaders, mechanics, guards, airplane cleaners and members of the National Guard. The ACLU/SC, together with other civil rights groups, filed suit on behalf of nine airline screeners at LAX and SFO airports who have been excluded from consideration for the new posts.

'This is an historic victory,' said Mark Rosenbaum, legal director of the ACLU/SC. 'All we are asking is that these people be given the opportunity to apply to keep their jobs. This is an issue of simple fairness. How can we send non-citizens to fight in our armed forces, but tell them they are not welcome to work in our airports? This ruling demonstrates that the United States can wage a war on terrorism without making our civil liberties the first casualty.'

Many screener positions throughout the country were held by legal U.S. residents. At San Francisco International airport, 80% of the screeners were non-citizens at the time the suit was filed in January of 2002.

'This is not simply a question of civil rights, but of public safety,' said Ben Wizner, staff attorney at the ACLU/SC. 'It doesn't makes sense to prohibit our airports from hiring the most experienced and tested screeners, regardless of citizenship. One of the plaintiffs in this case has been a screener for fourteen years. We think she should be able to apply for a federal screener job on the same basis as everyone else.'

Efforts to amend the citizenship requirement have stalled in the United States Congress.

The plaintiffs in the case have filed for a preliminary injunction that would compel the Transportation Security Administration to consider non-citizens for the new screener posts. A hearing is scheduled for Friday, November 15, 2002 at the federal courthouse in downtown Los Angeles.