News & Commentary

By making it a crime to house or feed families in need of food, shelter or transportation to church or the doctor's office, the bill would make felons out of Good Samaritans. Will Lead To Litigation. States like Oklahoma with similar bills have gone straight to the courtroom, spending taxpayer dollars in their defense. The U.S. and Oklahoma Chambers of Commerce have successfully sued to block similar legislation. This bill will likely lead to illegal discrimination by the State, cities, jails, employers, charities and others. Not Arkansas' Job.Arkansas is not responsible for enforcing federal immigration laws and can't afford to do the federal government's job. PLEASE VOTE NO ON HB 1093

LITTLE ROCK—The American Civil Liberties Union today filed a lawsuit seeking to strike down a new law that bans any unmarried person who lives with a partner from serving as an adoptive or foster parent in the state of Arkansas.

Every autumn, just before the Supreme Court starts a new term, the ACLU invites the press corps to a briefing where our lawyers explain the relevance and impact of upcoming cases. Now you can be at the briefing, too. For the first time through online video, you can see what the reporters saw in Washington, D.C. We feel it is important that our members and the public get to learn firsthand what is at stake. We want you to know and understand what we’re working on, because we know defending the Constitution matters to everyone.Click here to watch.PRIVACY NOTE. Please note that by playing this clip You Tube will place a long-term cookie on your computer. Please see You Tube’s privacy statement on their website to learn more. To view the ACLU’s privacy statement, click here.

FOR IMMEDIATE RELEASE

FOR IMMEDIATE RELEASEAugust 8, 2008As soon as the ACLU of Arkansas learned that the Mayor of Helena-West Helena, Arkansas had ordered an adult curfew instated—for the second time, and allegedly due to a high crime rate—the ACLU fired off a letter to Mayor J. F. Valley demanding that the unconstitutional curfew be rescinded immediately. The letter was copied to the mayor's brother, City Attorney Andre Valley."Imposing house arrest and suspending the Fourth Amendment for law-abiding people is only going to cause more problems for this city," said ACLU of Arkansas staff attorney Holly Dickson. "They need to work with the community to get this resolved instead of treating all of their citizens like criminals."Resources:

Via Facsimile 870-338-9832 and U.S. MailAugust 8, 2008J.F. Valley, MayorHelena-West Helena 226 Perry Street Helena-West Helena, AR 72342Re:  Emergency Curfew OrderDear Mayor Valley:The American Civil Liberties Union of Arkansas is a non-profit organization dedicated to preserving and defending the rights guaranteed to us by the United States and Arkansas Constitutions.  The purpose of this correspondence is to notify you that your city's emergency curfew orders are unconstitutional, and that enforcement of such ordinance and orders may subject the city to civil liability for violating of the rights of those upon whom the curfew is imposed and enforced. Chapter 7.12 of the Helena-West Helena City Code pertaining to curfews states:7.12.01  Civil emergencies  The Mayor, at any time a condition has arisen or is imminent, which in his judgment constitutes a civil disturbance, riot, insurrection or time of local disaster, may declare a state of emergency and impose a curfew for such time and for such areas as he deems necessary to meet such emergency.  Provided, however, such curfew shall not extend for over a period of fourty-eight (48) hours unless extended by a majority vote of the members of the governing body.On August 7, 2008, you issued an order that all residents of a particular zone of the city be subject to a curfew prohibiting loitering, standing, and "hanging out," and providing for stop and investigation of all moving traffic.  Furthermore, you ordered that Code Enforcement pursue evictions for all persons residing in homes where at least three criminal violations have occurred. A high crime rate in Helena-West Helena is not a condition set forth in the city code for which the Mayor can declare a state of emergency, and as such it appears you are acting ultra vires.  Peaceful, law abiding citizens are being ordered into their homes by law enforcement, underscoring that the situation in your city has not reached riot or natural disaster proportions.  Were the city code to grant you the authority to declare a curfew on all citizens, the code would be unconstitutional, as set forth below. This order is blatantly unconstitutional on numerous grounds.  First, such curfews have never been allowed under the laws of the United States, barring riot, insurrection, or natural disaster.  Not one case has ever allowed for the imposition of searches, seizures, and house arrest against innocent citizens because of the high crime rate in a particular city.  See, e.g. American Civil Liberties Union of West Tennessee, Inc. v. Chandler, 458 F.Supp. 456 (W.D. Tenn. 1978).  In fact, "state of emergency" curfews imposed upon youth aimed at addressing youth crime have been declared unconstitutional.  Ramos v. Town of Vernon, 353 F.3d 171 (2d Cir. 2003); Nunez v. City of San Diego, 114 F.3d 935 (9th Cir. 1997); Hutchins v. District of Columbia, 942 F.Supp. 665 (D.D.C. 1996); Walters v. Barry, 711 F.Supp. 1125 (D.D.C. 1989); McCollester v. City of Keene, 586 F.Supp. 1381 (D.N.H. 1984); Johnson v. City of Opelousas, 658 F.2d 1065 (5th Cir. 1981); Naprstek v. City of Norwich, 545 F.2d 815, 818 (2d Cir. 1976); State v. J.P., 907 So.2s 1101 (Fla. 2004); City of Sumner v. Walsh, 148 Wn.2d 490 (2003). Second, requiring adult residents of the city to be on house arrest violates these individuals' rights to travel and association, as guaranteed by the United States Constitution.  Third, the very language of the Order violates the Fourth Amendment to the United States Constitution, in that, in effect, it proclaims that the Fourth Amendment is waived for all persons, including those suspected of no criminal activity.  The warrant requirement of the Fourth Amendment is in place specifically to prohibit these kinds of sweeping searches.  Law enforcement, even in areas where there are higher crime rates, is not a sufficient basis upon which to place people on house arrest, or set aside the Fourth Amendment. Fourth, the Order likely violates Helena-West Helena residents' rights to equal protection under the laws.  "[O]nce curfews are imposed, the burden falls disproportionately on minority individuals and communities."  Harvard Note, "Juvenile Curfews and Gang Violence: Exiled on Main Street," 107 Harvard L. Rev. 1693, 1707 (1994).   The order to evict all residents of homes where at least three crimes have occurred violates residents' rights to association as guaranteed by the First Amendment to the United States' Constitution.  Finally, most loitering ordinances and arrests also violate constitutional guarantees.  Papachristou v. Jacksonville, 405 U.S. 156 (1972). Notwithstanding the City Code and Curfew Order, the residents of Helena-West Helena have the right to sit under shade trees in their front yard, to ride their bicycles along the streets, protest this policy, and drive around the city with the full protections of the First, Fourth, and Fourteenth Amendments.  Citizens, including those expressing opposition to the curfew order, should be subject to no special scrutiny by law enforcement unless they are suspected of some criminal activity. Mayor, we sympathize with the need to address crime in your city, and have many good friends and members in Phillips County and Helena-West Helena.  We certainly do not seek to detract from law enforcement using their lawful authority under the Fourth Amendment to stop, question, detain, or arrest those who are suspected of committing criminal acts, but violating law abiding citizens' constitutional rights is counterproductive to quelling unrest.  Citizens receiving unlawful orders tend to object, and enforcement of this order may inflame an already problematic situation.  We urge you to immediately cease any curfews imposed due to high crime rates, whether in the entire city, or in a particular zone, and to dismiss any prosecution initiated for violation of the curfew order.  We do encourage you to find law enforcement solutions that will comply with the constitution, and hope that this letter will help you avoid a solution that may ultimately leave the city subject to liability. Please have your city attorney contact me as soon as possible to advise whether you will rescind the emergency curfew order.  Thank you for your attention to this matter, and we look forward to receiving your response.Respectfully,Holly Dicksoncc:       Helena-West Helena City Council Members?           Andre Valley, City Attorney

FOR IMMEDIATE RELEASE?July 15, 2008The ACLU of Arkansas supports the efforts of Arkansas Families Firstto fight a ballot initiative that would make it illegal for children to be adopted by family members if the family member was living with but not married to a sexual partner. The initiative would also prevent children from being placed with foster parents similarly situated. Utah is the only other state with such a ban.

FOR IMMEDIATE RELEASEFebruary 29, 2008

Please see document referenced below in the documents section.