LOS ANGELES - The Ninth Circuit Court of Appeals dealt a blow on Friday, February 16, to Mattel's efforts to block artist Tom Forsythe from using Barbie in his artwork. Forsythe used the image of Barbie in a variety of poses to critique the materialistic and gender-oppressive values he believes the doll embodies. Mattel, in keeping with its history of employing heavy-handed litigation to squelch free speech involving its iconic doll, sued Forsythe, alleging a variety of claims, including trademark and copyright infringement. The company sought a preliminary injunction against Forsythe, represented by the ACLU of Southern California and the private firm of Howard, Rice, Nemerovski, Canady, Falk & Rabkin. A Federal District Court denied the motion, and the corporation appealed to the Court of Appeals to overturn that decision.

The Court said no.

"We are pleased by the Court of Appeals' decision," said Peter Drobac, one of the Howard, Rice attorneys defending Mr. Forsythe. "We think Judge Lew's decision plainly was correct. The Ninth Circuit apparently shares that view. Unfortunately, Mattel continues to seek to censor Mr. Forsythe's artistic expression and his rights under the intellectual property laws to comment on and critique Mattel's products. Mr. Forsythe therefore will continue to defend his rights, and we will seek summary judgment on Mattel's claims."

Peter Eliasberg, staff attorney at the ACLU of Southern California, concurred.

"The Court of Appeals," said Eliasberg, "after reviewing the facts and the legal basis of the district court's ruling, concluded that there was no realistic chance of Mattel prevailing. It would be appropriate at this point for Mattel to drop the case, but we're not counting on that."

The firing of Police Commission President Gerald Chaleff by Mayor Riordan is an effort to shift the blame for the lack of police reform in Los Angeles. The Mayor himself is responsible for blocking progress on police reform and is now trying to make Commissioner Chaleff the fall guy.

This is particularly reprehensible and ironic, because Commissioner Chaleff is a leading proponent of reform. In his tenure as Police Commissioner and President of the Commission, he has been unafraid to take a hard, clear look at the bad news of a police department that is corrupt and abusive, and he has been a reliable messenger for the need for reform, despite opposition from the Mayor's office and from the police department's leadership.

This leader in advocating for reform will now be cut out of the reform process, will not have a role in selecting the consent decree monitor, and will be unable to bring his commitment to real change to the ongoing project of seeing that the consent decree is enforced.

The Mayor made a grave mistake today.

LOS ANGELES - The American Civil Liberties Union of Southern California filed suit today in federal court on behalf of residents of City Council District 13, who have been deprived by the City Council of representation on that body. The City Council on January 23rd refused to fill the seat formerly held by Jackie Goldberg, who vacated her City Council seat after the November 2000 election, in which she won a seat in the State Assembly. The ACLU of Southern California charges that the continued vacancy violates the 14th Amendment of the U.S. Constitution and the City Charter, because it deprives the constituents of the 13th District of a voice on the City Council, even as the Council makes decisions which profoundly affect them.

Section 409 of the new City Charter, which went into effect on July 1, 2000, states that: "Vacancies in the offices of Mayor, City Attorney, controller, and members of the City Council shall be filled by either appointment or election in the manner set forth in this section." Subsections 409 (a) and 409 (b) spell out that the Council shall either appoint a replacement or schedule a special election for a replacement prior to the next election.

"Our nation was founded on the principle that taxation without representation is unjust," said Dan Tokaji, staff attorney at the ACLU of Southern California. "But that's exactly what's happening to over 250,000 residents of this city, who have no voice and no vote on the City Council. All of the Councilmembers know how important their work is to the people who live in their districts, and how important it is for constituents and their interests to be represented vigorously. There is no excuse to continue disenfranchising the people in District 13."

"Whether the issue is police reform, paramedic services, park land, or budget allocations," said Tokaji, "the Council's decisions shape the lives of Los Angeles residents. Public policy and resource allocation matter to individual districts and are shaped by the interests of different neighborhoods and communities. Those interests will not be represented by Councilmembers from other districts."

At the meeting on the 23rd, over a hundred residents of District 13 referred to the Boston Tea Party by waving tea bags to symbolize their lack of a voice in their own government. Some City Council members have proposed extending the vacancy through the runoff election on June 5.

Professor Erwin Chemerinsky and City Attorney James Hahn have both urged the City Council to act swiftly to fill the vacancy to ensure that the City Council does not operate in violation of its own charter.