December 7, 2011
JACKSON, Miss. – The American Civil Liberties Union and the ACLU of Mississippi reached an agreement today with the Copiah County School District in a dispute over the exclusion of student Ceara Sturgis’ photo from the senior portrait section of the yearbook because she posed in a tuxedo. The district has agreed to adopt a policy that will require all students to wear a cap and gown, rather than require boys to wear tuxedos and girls to wear drapes.
As part of the agreement the school will include Sturgis’ photo featuring the tuxedo in her class’ composite picture hanging in the school library.
“I am thrilled that my photo will join my classmates on the wall of our school library,” said Sturgis. “It’s important that nobody else will be forced to wear something that doesn’t reflect who they are.”
The school will also amend its anti-discrimination policy to add language affirming its commitment to following the equal protection clause of the U.S. Constitution.
“Hopefully no other students will be excluded from this important rite of passage simply for expressing themselves,” said Bear Atwood, legal director of the ACLU of Mississippi. “Copiah County School District has done the right thing by changing the yearbook policy so nostudents have to feel as if they’re out of place.”
Sturgis was an honor student at Wesson Attendance Center in the district, where she attended school from kindergarten through her senior year. At home and at school, she dresses in clothing that is traditionally associated with boys and had previously not encountered any problems from her peers or teachers. When she had her formal senior portrait taken, she opted to wear a tuxedo, rather than a drape that gives the appearance of wearing a dress or a blouse. Because of her attire, the school refused to publish her photo and name in the senior portrait section of the yearbook.
“We’re glad that a resolution has been reached and that Ceara’s photo will be included in the school library along with the photos of the rest of her classmates,” said Joshua Block, staff attorney with the ACLU Lesbian Gay Bisexual and Transgender Project. “All students deserve to attend school in a setting that lets them be comfortable being themselves.”
Attorneys on the case include Joshua Block and Christine Sun of the ACLU LGBT Project, Atwood of the ACLU of Mississippi and Norman C. Simon, Joshua Glick, Jason Moff and Lee Strock of Kramer LevinNaftalis & Frankel LLP.
More information on this case can be foundhere: www.aclu.org/lgbt-rights/sturgis-v-copiah-county-school-district
Tags: Human Rights, LGBT Rights, Students' Rights
Posted in Press Releases
December 6, 2011
The ACLU of Mississippi has joined with the Mississippi NAACP, Mississippi Immigrants Rights Alliance, the Steps Coalition and Mississippians United Against Voter ID to gather 1 million signatures telling U.S. Attorney General Eric Holder to reject the state’s voter identification requirement.
Initiative 27, which requires voters to present government-issued ID at the polls, was approved during the Nov. 8 general election. The measure is unnecessary and could lead to tens of thousands of Mississippians being stripped of their constitutional right to vote.
Help us defeat the plan by sending Holder a postcard, urging him to reject voter ID in Mississippi.
Tags: Elections & Voting
Posted in Press Releases
November 18, 2011
GULFPORT — The American Civil Liberties Union of Mississippi filed suit Friday on behalf of a Gulf Coast woman, challenging her 2010 arrest for her peaceful protest of the BP oil spill.
The lawsuit was filed in U.S. District Court in Gulfport on behalf of Sandra Howard of Long Beach. The suit alleges Howard’s constitutional rights were violated when she was prevented from engaging in a protest in a traditional public forum. It also alleges she was subjected to unlawful detention and seizure, and that her right to due process was violated.
The suit names the city of Long Beach, the Long Beach Police Department and Officers Shawn Johnson and Melissa Peterson.
The incident occurred June 12, 2010, after Howard walked onto a sidewalk in front of the Kangaroo Express gas station in Long Beach holding a sign in protest of BP. Shortly after Howard began her protest, Johnson and Peterson arrived, apparently in response to a complaint from the gas station manager. Although Howard had a permit to protest, the officers asked her to end her demonstration. When she refused, Howard was handcuffed and arrested as her husband and young son watched.
Howard was charged with disorderly conduct, failure to obey the order of an officer. She was transported to the Harrison County Detention Center. Her bond was set at $665 but her family couldn’t afford to pay it so she spent the night in jail. She had no previous arrests.
Howard said she had a right to protest BP’s Deepwater Horizon disaster, which led to the largest off shore oil spill in U.S. history.
“As the oil gushed out of the broken well into the beautiful Gulf waters, all I could think about was the devastation it was causing to my home and my community,” said Howard. “ I wanted to be sure that BP was held accountable for the damage. I wanted to show my son that we could make a difference. Instead he learned that it was not safe to exercise our most basic First Amendment rights. I am filing this lawsuit to make sure that no one else gets arrested for speaking out against injustice.”
ACLU of Mississippi Executive Director Nsombi Lambright said Howard’s arrest shows the need for law officers to be trained on what constitutes disorderly conduct and on the elements of constitutionally-protected demonstrations.
“Our First Amendment rights are fundamental to our democracy,” said Lambright. “It is our hope that this lawsuit will push Mississippi municipalities to engage in a serious review of their policies and practices as they relate to a citizen’s right to engage in peaceful protest.”
Howard’s case was remanded to the file on appeal due to lack of evidence.
Bear Atwood, ACLU of Mississippi legal director, said the officers had no cause to arrest Howard.
“She didn’t violate any city ordinances. She didn’t trespass on BP property. She didn’t obstruct traffic on the public sidewalk,” Atwood said. “She was improperly detained by the officers and arrested without probable cause.”
The suit seeks an injunction restraining officers from interfering with a citizen’s right to peacefully protest in exercise of First Amendment rights. The suit also seeks compensatory and punitive damages and expungement of Howard’s records.
Tags: Criminal Justice Reform, Freedom of Speech & Press, Human Rights, Police Misconduct
Posted in Press Releases
November 2, 2011
Republican Gov. Haley Barbour said on Nov. 2 he’s concerned about Initiative 26, an extreme measure that could have unintended consequences.
“I believe life begins at conception. Unfortunately, this personhood amendment doesn’t say that,” Barbour said on MSNBC. “That ambiguity is striking a lot of pro-life people here as concerning.”
Barbour also made comments to Fox News and local media. For the full story, read here.
Tags: Elections & Voting, Reproductive Freedom, Women's Rights
Posted in Press Releases
September 21, 2011
The ACLU of Mississippi held a town hall meeting Oct. 6 aimed at dismantling the School-To-Prison-Pipeline in this state. The event was located at the M.R. Davis Public Library in Southaven, 8554 Northwest Dr. , from 6 p.m. to 9 p.m. The event was a collaboration with the Mississippi Coalition for the Prevention of Schoolhouse to Jailhouse and the ACLU of Mississippi. It was also part of the Dignity in Schools Campaign National Week of Action on School Pushout (Oct. 1-8).
Tags: Human Rights, LGBT Rights, Racial Justice, Students' Rights
Posted in Press Releases
September 20, 2011
The ACLU of Mississippi and the Mississippi Immigrants Rights Alliance sponsored a Know Your Rights training in DeSoto County on Sept. 27 at 6 p.m. at M.R. Dye Public Library, 2885 Goodman Road. Dozens of students and parents were shown how to be their own advocate in school and communities. All students — regardless of race, nationality, immigration status, sexual orientation or religious beliefs — are entitled to all rights under the U.S. Constitution.
Tags: Criminal Justice Reform, Human Rights, LGBT Rights, Police Misconduct, Racial Justice, Religious Liberty, Students' Rights
Posted in Press Releases
September 15, 2011
The Mississippi Supreme Court refused Sept. 8 to prevent proposed Initiative Measure Number 26 from being placed on the November 2011 ballot. The initiative attempts to redefine the term “person” in the Mississippi Bill of Rights to apply at the moment of fertilization. The court did not rule on the constitutionality of the initiative, but instead said that it would not rule on any proposed measure before the election.
The initiative was challenged by a Mississippicitizen because it failed to comply with the ballot initiative process as set forth in the Mississippi Constitution, which forbids making modifications to the Bill of Rights.
“We’re disappointed with the ruling,” said Nsombi Lambright, executive director of the ACLU of Mississippi. “A measure will be on the ballot that will allow the government to dictate what is a private matter that’s best decided by a woman, her family and within the context of her faith.Mississippivoters should reject this intrusive and dangerous measure.”
“This initiative is extreme and could severely undermine women’s access to birth control, in vitro fertilization and life-saving medical procedures,” said Bear Atwood, legal director of the ACLU of Mississippi. “This measure is harmful to women and has no place on the ballot.”
“It is unfortunate the court decided it could not review the initiative at this point in time, but the Mississippi Constitution is clear — you cannot make any changes to the Bill of Rights through the initiative process,” said Alexa Kolbi-Molinas, staff attorney with the ACLU Reproductive Freedom Project.
“As a lifelong Mississippian, I am disappointed that this broad and intrusive measure has been allowed on the ballot,” said Cristen Hemmins, plaintiff in the lawsuit challenging the initiative. “I call on all voters to vote ‘no’ on #26. The government should not be interfering with the personal and private health care decisions of Mississippi families.”
Tags: Elections & Voting, Human Rights, Reproductive Freedom, Women's Rights
Posted in Op-Eds, Press Releases
September 15, 2011
Aug. 12, 2011
FOR IMMEDIATE RELEASE
JACKSON _ The American Civil Liberties Union of Mississippi supports Hinds County District Attorney Robert Shuler Smith’s full prosecution of everyone involved in the June 26 slaying of James Craig Anderson, who was the victim of an alleged hate crime. A surveillance video recently released to the media appears to show how the brutal crime unfolded. The allegation is that Anderson was targeted based on his race. The ACLU of Mississippi is monitoring the investigation.
“The murder of James Craig Anderson was a cowardly act of violence that reminds us of the racial hatred that continues to plague the South,” said Nsombi Lambright, executive director of the ACLU of Mississippi
Tags: Human Rights, Racial Justice
Posted in Press Releases
September 1, 2011
The American Civil Liberties Union of Mississippi will hold a program in observance of the 10th anniversary of the Sept. 11 terrorist attacks. The program will pay respect to the lives lost that day in 2001, but also examine the impact post 9-11 that government policies have had on the country’s civil liberties.
The program will feature a screening of the POV film, “Better This World,” and a panel discussion featuring:
When: Sunday, Sept. 11 at 4 p.m.
Location: Room 150, Mississippi College School of Law, 151E. Griffith St., Jackson.
The event is free and open to the public.
Tags: Freedom of Speech & Press, Human Rights, Open Government, Religious Liberty
Posted in Press Releases
March 28, 2011
CONTACT: Robyn Shepherd, ACLU national, (212) 519-7829 or 549-2666; media@aclu.org
Bear Atwood, ACLU of Mississippi, (601) 862-8658; bearatwood@aclu-ms.org
James Duke, Jr., Attorney for Forrest County Sheriff’s Department, (601) 544-4121, (601) 476-9091
HATTIESBURG, MS – The Forrest County Sheriff’s Department will reinstate Andre Cooley as a deputy corrections officer as part of the settlement of a lawsuit filed by the American Civil Liberties Union and the ACLU of Mississippi, in which Cooley alleged that he was fired because he is gay. As part of the settlement agreement reached today, the sheriff’s department will also update its written non-discrimination policy to make explicit that the sheriff’s department does not discriminate on the basis of sexual orientation.
“I am looking forward to returning to a job that I loved in the Sheriff’s Department,” Cooley said. “I’m very happy that the Sheriff’s Department has clarified in writing that they do not discriminate based on sexual orientation. Everyone should be judged by their ability to do the job, not by their sexual orientation.”
“We are happy to have Mr. Cooley return to work in the department. His sexual orientation has no bearing on his ability to perform the duties of a corrections officer,” said Sheriff Billy McGee. “The Forrest County Sheriff’s Department is an equal opportunity employer, and we do not discriminate based on sexual orientation. Our new written policy will make this position clear to every employee in our department.”
“Andre Cooley is a fine officer who never should have endured this experience. The Sheriff’s Department has done the right thing by making it clear that the department will not discriminate on the basis of sexual orientation,” said Bear Atwood, Legal Director at the ACLU of Mississippi. “All employers in Mississippi should follow the Forrest County Sheriff’s Department’s lead and include sexual orientation in their anti-discrimination policies. Discrimination is degrading and dehumanizing, creates a negative and unproductive work environment and robs employers and society of highly qualified employees.”
The settlement agreement, which also includes a monetary amount, does not constitute an admission of liability by the sheriff’s department or its employees.
“This is a great outcome for Andre, and for the residents of Mississippi,” said Joshua Block, staff attorney at the ACLU Lesbian Gay Bisexual and Transgender Project. “Unfortunately, Mississippi residents who work for private employers do not have protections from sexual orientation discrimination. Andre’s case highlights the need for state and federal legislation, like the Employment Non-Discrimination Act, to ensure that all Mississippi residents have the same anti-discrimination protections as employees of the Forrest County Sheriff’s Department.”
For more information on this case, please visit: http://www.aclu.org/lgbt-rights/cooley-v-forrest-county-sheriff-s-department
Tags: LGBT Rights
Posted in Press Releases
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