March 18, 2020
Dear friends,
A lot has changed since this newsletter went to print. We send our deepest wishes that you and your loved ones are staying safe and healthy.
While our physical office is temporarily closed, our staff is working hard from home to ensure a response to the novel coronavirus that is both effective and fair. In particular, we are providing guidance to our elected officials and other decisionmakers on how to develop responses that protect the populations most vulnerable to harm during times like these. You can read about these efforts and find other resources on our new webpage, aclumaine.org/covid.
While the legislature has closed, our work on these priority issues continues—and we will pick right back up where we left off when a new session is underway.
On a personal note, I have been reflecting on how fortunate we at the ACLU of Maine are to be able to continue to advocate for our community through these difficult times. We would not be here without your support. Thank you. Together, “we the people” will come out of this stronger than ever.
Please don’t hesitate to reach out if you have any questions.
With all my gratitude,
Alison
Updates From Augusta
Take action today – call your legislators today and tell them to vote YES on these pro-civil liberties bills:
LD 1421
People who have not been convicted of a crime and pose no flight risk or threat to public safety do not belong in jail, but are routinely detained because they cannot afford their freedom. One meaningful way to fix this unfair pretrial detention system is to reduce the use of cash bail and replace it with personal recognizance (PR) bail in most cases – which means individuals do not have to pay cash to be released before their trial.
LD 1421 will increase our reliance on PR bail by eliminating the use of cash bail for most people accused of the lowest-level misdemeanors. It will also require a judge or bail commissioner to consider important factors before imposing cash bail that could potentially keep someone in jail, like whether the defendant is a primary caregiver, whether the defendant has health care needs that would be better met in the community than in jail, or whether staying in jail would affect the defendant’s job.
LD 1492
Five decades of unjust and discriminatory drug policies have done irreparable harm to individuals, families, and communities – and have done nothing to reduce drug use. The harsh penalties and collateral consequences of our current drug policies make it harder for individuals and their families to obtain and keep housing, employment and other critical services necessary to thrive.
Because Maine laws don’t reflect how people use drugs, people are incorrectly labeled as traffickers and punished in ways that derail their chances for future security and success. LD 1492 will reduce unnecessary felony charges, so we can change this devastating pattern and stop doing irreparable harm to people and families.
LD 1684
Putting kids in prison does not address the underlying issues which led to their contact with the justice system in the first place. Investing in a community-based continuum of care is far better at equipping people with the skills they need to succeed in life. Yet Maine continues to lock up too many young people, for too long. Everyone – prosecutors, defense attorneys, children’s advocates, mental health professionals – agrees that Maine’s juvenile justice system is broken. LD 1684 will fix some of the biggest problems.
Learn more: aclumaineact.org.
Fighting for Our Kids
By Alison Beyea
Recently, many of our concerns were echoed in a report from the Center for Children’s Law and Policy, a national organization hired to do a deep dive into Maine’s system.
Among the Center’s top findings:
“The system still doesn’t work well for many youth and their families, particularly youth with serious behavioral health problems, immigrant youth, African American youth, LGBTQ+ youth, tribal youth, and youth with disabilities.” -Center for Children’s Law and Policy Report
- Most youth detained at Maine’s youth prison, Long Creek, are there because there is nowhere else for them to go, due to a lack of community-based alternatives and long waitlists for programs.
- In some cases, Department of Corrections staff and judges said they detained youth even though detention was not appropriate because there were no other available options.
- Over 70 percent of kids at Long Creek were designated low or moderate risk (vs. high or very high).
- In half of detention cases, youth were held for fewer than three days – suggesting they never posed a threat to public safety.
- Significant numbers of youth are detained longer than 30 days, even though they are designated low or medium risk youth. Youth assessed as low or moderate risk have longer average lengths of stay than “high risk” youth.
I sit on the Maine Juvenile Justice Task Force, which is reviewing the Center report and will make recommendations to the state to fix these urgent problems. I will be pushing my colleagues to make real and significant reforms.
In the meantime, we have an opportunity in the legislature to address some of the most pressing needs of young people in our juvenile justice system now. The ACLU of Maine is supporting two bills to do just that.
First, it would keep our youngest children out of the system. Right now, children of any age can be treated as criminals. This bill raises the age at which children can be involved in the system to 12.
Second, it would repeal mandatory minimum sentences. Right now, Maine requires that children committed to Long Creek be held for a minimum of one year. This bill ends that requirement so that children won’t languish in prison.
Finally, it would guarantee access to attorneys. Unlike adults, after children are committed to Long Creek they lose access to their court-appointed lawyers. This bill would restore access to that crucial support.
Another bill moving in the legislature, LD 1964, would make it easier for system-involved young people to get the support they need and find success by protecting the privacy of most juvenile criminal records. Too often, criminal records follow young people, stigmatizing them and making it harder for them to grow and thrive.
We support both of these bills because they expand youth rights and help us move toward a society where young people get help and support over punishment and incarceration. Join us in telling legislators to vote YES on LDs 1684 and 1964.
Canvassing for Rights for All
To learn more about this campaign and read candidates’ answers to the ACLU questionnaire, visit RightsForAll.org.
On February 1, 10 amazing volunteers from Maine hopped on a bus to join other ACLU volunteers for a Day of Action in New Hampshire. The team knocked on doors and spoke to hundreds of potential voters, educating them on candidates’ positions on key civil liberties issues that persist regardless of who is in the White House – from racial justice, to criminal legal reform, to reproductive freedom, to economic justice and beyond.
Save the Date!
We the People
Are What Democracy Looks Like
ACLU of Maine Annual Celebration
Featuring: Sophia Lin Laken, Deputy Director of the ACLU’s National Voting Rights Project
Thursday, September 17, 2020
Stay tuned for more information this spring.
Tickets on sale May 2020.
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Hello from the Engagement Team!
To be an ACLU of Maine volunteer is to care about civil rights and liberties for our communities – and to do something about it. The ACLU of Maine Engagement Team is active like never before, and we want YOU to join the fun!
On Election Day, our amazing volunteers headed to the polls in Bangor and South Portland, talking with over 300 voters about civil rights and liberties issues in Maine. A great start to conversations in 2020.
“Volunteering with the ACLU has given me the feeling that I am doing something really meaningful to build the world I want to live in, and that I want my children and my grandchildren to live in. Not to mention, it’s really fun!” -Wendy Keeler, ACLU super volunteer
And that’s not all! We’re building a volunteer legal support team to provide research and data support to our attorneys in their efforts to end mass incarceration, fight back against discrimination, and protect privacy and free expression.
Last year we had 700 hours of volunteer time and with your help we can do more! Our vision is to build long-lasting, statewide capacity so that the ACLU can have a meaningful presence and impact in every corner of Maine.
Here’s where you come in. Do you want to join an in-office volunteer session to make calls or put together a mailing? Or maybe you’d rather join us in Augusta to testify on a bill. Or get coached on Know Your Rights information so you can help us lead a training in your town? There are so many exciting possibilities, and they all make a huge difference for our work.
Last month, I headed to Charleston, South Carolina with Donna, Olivia and Wendy -- three of our dedicated volunteers -- to take part in an ACLU organizer convening. While we were there, we connected with staff and volunteers from ACLU affiliates across the nation and strategized plans for organizing to build power. We came back with impactful ideas – and with your help, we are ready to put them into action.
If you want to join our amazing team of volunteers, email us today at dsingaram@aclumaine.org.
In Solidarity,
Dhivya Singaram, Engagement Coordinator/Organizer
LEGAL UPDATE:
PROTECTING FREE SPEECH IN OUR SCHOOLS
This fall, we filed a lawsuit on behalf of a Cape Elizabeth High School sophomore who was suspended for posting a note in the school bathroom to raise awareness about sexual assault. We argued that the note was First Amendment-protected speech meant to call attention to an important issue at the school and the administration’s inadequate response. Speaking up about sexual assault is already difficult for young people. Punishing them for doing so only makes it harder.
In October, a federal judge issued a preliminary injunction blocking the suspension. The court’s ruling affirms that students have the right to freedom of speech, and that they do not check their rights at the schoolhouse gate.
The Cape Elizabeth School Department has appealed the decision – stay tuned for updates.
ADVOCACY UPDATE:
DEMANDING JUSTICE FOR ALL
The legislature may not be in session, but we’re still hard at work in Augusta, calling on Maine’s leaders to make better policy.
The Constitution requires that everyone has the right to an attorney in criminal cases, regardless of their income. But a recent report by the 6th Amendment Center found that Maine isn’t fulfilling its obligation under the Constitution. Instead, our court-appointed attorneys receive little or no training and oversight. The result is deeply unfair outcomes for poor people in our legal system.
On November 19 we went before Maine Commission on Indigent Legal Defense (MCILS) to urge them to fix Maine’s court-appointed lawyer system. We testified alongside advocates for racial justice, youth, and poor and working Mainers, and we delivered a petition signed by hundreds of YOU.
We have an opportunity to make needed improvements to Maine’s system, and we’ll keep working with MCILS until every person in our state can get a competent attorney to help them navigate their case.
A NOTE OF THANKS TO OUR OUTGOING BOARD PRESIDENT
“It has been an honor to join the long line of passionate, dedicated Mainers leading the board. At a time when so much is at stake in our country, I have been grateful to play a role in the fight for our rights, inspired by the staff who show up every day to do this work, and amazed by the outpouring of support from across the state. I look forward to continuing to serve with such a talented and committed board.” -Susan Bates
This month, Susan Bates of St. George will finish up her three-year term as president of the ACLU of Maine Board of Directors.
Susan has been a member of our all-volunteer board since 2013. With her leadership and support, we have grown in staff and membership, and we are doing more to further civil rights and liberties in Maine than ever before. In these challenging years, Susan has been a fearless leader. We are so grateful for her service. Thank you, Susan!
IN 2019, I'M THANKFUL FOR...
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“The education about people's rights that the ACLU brings to communities and especially to immigrants." –Joelle Rutembesa, development & administrative associate
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“The legislators who are working with us to stop jailing people just because they struggle with substance use or mental health.” –Meagan Sway, policy counsel
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“Advocates for survivors of sexual assault, for exercising their First Amendment rights to speak out and make change.” –Emma Bond, staff attorney
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“The fearless abortion providers who stood with us to ensure all Mainers have access to safe abortion care." –Alison Beyea, executive director
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“The opportunity to see our legal and policy teams in action and on the frontlines for justice!” –Pablo Anaya, major gifts officer
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“Our incredible volunteers. Their support has been instrumental to our legislative victories this year!" –Dhivya Singaram, engagement coordinator/organizer
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“The Portland school board members who share our goal to protect students from overpolicing and breaches of their privacy rights.” –Michael Kebede, policy counsel
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“Every person who called their legislator or testified in Augusta to help us pass the best internet privacy law in the nation." –Ariel Kernis, deputy director
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“The depth of commitment and care so many people in Maine hold for protecting and expanding our civil rights.” –Laura Retherford, director of leadership giving
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“Maine’s realization that people with substance use disorder should be able to take their doctor-prescribed medicine even when they're incarcerated.” –Zach Heiden, legal director
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“The 2,000+ new social media followers who have joined us in the last year to have critical conversations about civil liberties across the state and beyond." –Makena Bauss, digital media strategist
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“Our wonderful donors and foundations that continue to help fund our fight for civil liberties.” –Beth Ansheles, finance director
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“A supportive team that works hard every day fighting for the rights of all people in Maine.” –Margarita Salguero-Macklin, office manager
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“The laws that enshrine the right of the public to access information.” –Emma LeBlanc, senior researcher
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“Freedom of the press and the fearless reporters who never stop shining a bright light on the workings of our elected officials.” –Rachel Healy, communications director
YOU MAKE THIS WORK POSSIBLE
Please consider giving and help ensure the ACLU of Maine remains a vibrant and vital organization.
There are many ways to give:
- Give online at www.aclumaine.org/give
- Mail a check to:
- ACLU of Maine Foundation, PO Box 7860, Portland, ME 04112
- Make a gift of stock, bonds, or mutual funds.
- And, if you are 701/2 or older, you can make direct transfers from your IRA without a tax penalty.
- Call 207-619-62288 or visit www.aclumaine.org/give to learn more.
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