Click here to view the winning video!

Urbandale High School’s Emma Shipley is the winner of the American Civil Liberties Union of Iowa’s 2012 Robert Mannheimer student video contest, which explores a civil liberty that is important to the entrant.

Emma’s video documents the landmark 1969 U.S. Supreme Court case, Tinker v. The Des Moines Independent Schools. Three Des Moines students wore black armbands to school to support a truce in the Vietnam War and were sent home because of it. With the help of the ACLU of Iowa, the students filed a lawsuit, maintaining that even as students they had a basic right to freedom of speech and expression. The Court agreed and Tinker has been the most important student rights decision ever since.

“I decided to do a documentary on Tinker v. Des Moines because the idea of students standing up for themselves was really inspiring to me,” Emma says.

ACLU of Iowa Executive Director Ben Stone says the video was selected because it “provides a comprehensive and thoughtful perspective on a case that is obviously dear to our hearts.  The Tinker ruling continues to be our affiliate’s greatest contribution to freedom. Ms. Shipley’s video reminds us that student speech continues to play an important role in our democracy.”

Runners-up in the contest were Natalie Williams and Kelly Oeltjenbruns, Southeast Webster-Grand High School students in Burnside who created a video called, “The Fight to Fight” about the struggle of African-Americans to serve with full recognition and dignity in the U.S. military.

The Mannheimer Award was established by the family of the late Robert Mannheimer, a Des Moines attorney who supported the ACLU of Iowa for more than 50 years as a cooperating attorney, board member, and donor. The winner receives a $500 cash prize and an ACLU membership.

The annual contest is open to students in 7th through 12th grades in Iowa. The video must be about a civil liberty the student particularly prizes, such as freedom of speech and expression, racial justice, student rights, immigrant rights, the right to privacy, and fair treatment regardless of gender, religion, or sexual orientation. The video should be between 3 to 12 minutes.

Emma Shipley

Saturday, April 28, 2012
6:00 p.m. Check in and reception; 7:00 p.m. Buffet dinner and program
The University Club, Iowa City

Featured Speaker
Nancy Abudu, Senior Staff Counsel, ACLU Southern Regional Office

Abudu, a diligent advocate for voting rights, will speak on voter ID and the continued assault on basic voter rights nationwide.

Also featuring the award of the Louise Noun Award

posthumously to Nick Drees

Buffet dinner is $45 in advance, $50 at the door. Vegetarian options available.

Reservations are requested by April 24.

Students and other persons of limited means may request a scholarship dinner by emailing events@aclu-ia.org.

To make a reservation, click here.

Or, if you prefer, email us at events@aclu-ia.org with the subject line “Annual dinner.”

Include your full name, address, phone, and number attending.  Please specify when your check will arrive.

Please mail to ACLU of Iowa, 505 Fifth Ave., #901, Des Moines, Iowa, 50309.

Bettis grew up in Fairfield and earned both her undergraduate and law degrees at the University of Iowa. She worked on prisoners’ rights and reproductive rights as a litigation clerk with the ACLU national office in New York and has done immigrants’ rights work as a summer law fellow for the University of Iowa Center for Human Rights and Justice for Our Neighbors (including assisting those detained in the Postville raid). In addition, Rita travelled to South Dakota in 2008 as a volunteer for the ACLU to help defeat Measure 11, which would have banned abortions in that state.

Bettis has passed the New York and Louisiana bar and will take the Iowa Bar this summer.

She came to the ACLU of Iowa in an unusual way that demonstrates her dedication to civil liberties. She contacted the office to volunteer when she moved from New Orleans to Des Moines. “I went to law school so I could work for organizations like the ACLU,” said Bettis.

The ACLU of Iowa quickly recognized her work ethic and talent and hired her as a contract lobbyist. She then applied for the full-time position, which she was offered after the applications of 65 applicants had been reviewed, and more than a half dozen interviews had been conducted.

“The serendipity of Rita coming in to volunteer just as the staff lobbyist position opened up is astonishing,” said Executive Director Ben Stone. “When I learned about her impressive ACLU and human rights background and saw how effective she was as both a legal theorist and as a legislative advocate, it became apparent we had become the beneficiary of a special volunteer.

“She understands civil liberties with remarkable depth, and has the passion, intellect and personality to be a great advocate. We all are thrilled she has joined our team,” said Stone.

Rita was editor-in-chief of the international law journal at the University of Iowa College of Law, where she focused on international human rights and U.S. foreign policy. Rita was the recipient of the University of Iowa Philip G. Hubbard Human Rights Award, the Kenneth Cmiel Human Rights Award, and Public Interest Law Award.

Traditionally, the ACLU has wholeheartedly supported civil disobedience of unjust and unconstitutional laws. But the “occupiers” require special consideration because they are not breaking laws related to their message—those on finance or banking–but instead are challenging laws about public spaces and safety.

Regardless, the ACLU of Iowa is doing its part to make sure that, within the law, this form of free speech is supported. We have been working with Occupy protestors, providing legal advice to “occupiers” and providing them with written information on their legal rights.

The situation in Iowa and elsewhere is about to become more challenging. Local protestors are increasingly pressed to choose between staying warm and obeying city regulations on electrical usage, fire codes, and public health issues. Moreover, “occupiers” from around the country have been invited to come here during the Iowa caucuses.

The ACLU, as much as any organization, understands that political discourse and energy are essential to a healthy democracy. We will continue to do what it can to this cornerstone of freedom—no matter what the message and no matter how long the protestors press to make their message known.

• Ann Bovbjerg of Iowa City. With a background in biology, Bovbjerg has been an active volunteer in the League of Women Voters as well as various school and city-related task forces.
• Nathan Handler of Iowa City. A student at University of Iowa preparing for medical school, Handler has volunteered at a free health clinic and has been an activist in civil liberties issues.
• David Hoffman of Ames. A retired chemistry professor, Hoffman also is a community volunteer.
• Judith Hunter of Grinnell. A writing teacher at Grinnell College, Hunter has also served on a number of non-profit boards involving education and political awareness.
• Alan Koslow of West Des Moines. A cardiologist, Koslow has a long history of involvement, including organizing with the March of Dimes, volunteering his medical services in international crisis, and activism in politics and civil rights.
• Joan Masover, an investment advisor in Fairfield, comes from a family with a long history of volunteerism, including her father volunteering legal work for the ACLU. She is active in Rotary and local musical organizations.
• Alejandro Orozco of Des Moines. A native of Mexico, Orozco now serves as Vice President / Community Development Officer at Bankers Trust. Orozco has also been involved in community organizing and fighting human trafficking.
• Sandy Vopalka of Indianola. Vopalka has a long history of LGBT activism, including founding Equality Iowa, and the CENTER, a LGBT resource center in downtown Des Moines.

The American Civil Liberties Union of Iowa is a private, non-partisan, non-profit organization that fights to advance civil liberties for all. It is the state affiliate of the national American Civil Liberties Union.

The ACLU of Iowa works in the courts, the legislature, and through public awareness to uphold everyone’s civil liberties, not matter who they are or what they believe. It has worked to assure the right of all Iowans—from atheists to devout Christians, from labor unions to businesspeople, and more—to make sure our constitutional rights are preserved.

“The brutal beating death of Marcellus Andrews is further evidence of the existence of hatred and bigotry in our state.

Whether the ultimate charges brought include an allegation of a hate crime, it appears from information reported in the media that the violence of that night was accompanied by anti-gay hatred and prejudice. The ACLU of Iowa remains steadfast in its decades-long commitment to human dignity and equality for all people, including young Iowans like Mr. Andrews.”

Freedom of Information requests for the data have been sent to police in Des Moines, Cedar Rapids, Sioux City, Iowa City, and Davenport.

The requests are part of a coordinated national information-seeking campaign by 34 ACLU state affiliates across the nation. The effort is one of the largest coordinated information act requests in American history. The requests, being filed under the states’ Freedom of Information Act laws, are an effort to strip away the secrecy surrounding law enforcement use of cell phone tracking capabilities.

“We are concerned about why and how law enforcement is using this highly sensitive, personal data,” said Randall Wilson, Legal Director for the ACLU of Iowa. “Every Iowan with a cell phone is susceptible to tracking by the government. When people are being tracked, we want to know if there is probable cause and if a warrant has been obtained. Information of this nature is prone to abuse.”

Wilson said while cell phone tracking can be a powerful tool in fighting crime, if abused it can be another intrusion by government into personal privacy. “If we want privacy and freedom from domestic surveillance, we’ve got to ask questions about what’s happening,” Wilson said.

Law enforcement agencies are being asked for information including:

• Whether law enforcement agents demonstrate probable cause and obtain a warrant to access cell phone location data
• Statistics on how frequently law enforcement agencies obtain cell phone location data
• How much money law enforcement agencies spend tracking cell phones
• Other policies and procedures used for acquiring location data

Law enforcement’s use of cell phone location data has become increasingly controversial. Just last week, the general counsel of the National Security Agency suggested to members of Congress that the NSA might have the authority to collect the location information of American citizens inside the U.S. Today’s effort by the ACLU is one of the first steps to learn the extent of the problems.

Congress is considering the Geolocation Privacy and Surveillance Act, a bill supported by the ACLU that would require police to get a warrant to obtain personal location information. The bill would protect location data and require customer consent for telecommunications companies to collect location data.

Teresa Heck, left, applied to take leave in order to care of her spouse, Rebecca Andrews, in her struggle with ovarian cancer.

Today (Wednesday, July 20, 2011) the ACLU of Iowa announces another victory for equality on behalf of same-sex couples. This latest breakthrough came on behalf an Iowa prison guard who was denied family medical leave because her spouse was of the same sex. Her ordeal is being presented to Congress today as a prime example of the hardships that result from discrimination against legally married same-sex couples.

“This is a victory for fairness and equality for all legally married Iowans,” said Randall Wilson, legal director of the ACLU of Iowa. “It also sets a precedent for other state agencies, making it clear that discriminating against workers based on sexual orientation is not acceptable.”

The Family and Medical Leave Act (FMLA) protects many employees, including state workers, with up to 12 weeks of unpaid, job-protected leave per year for serious family-related problems such as medical emergencies.

However, when Teresa Heck, who works as a prison guard for the Iowa Department of Corrections, applied to take leave in order to care of her spouse, Rebecca Andrews, in her struggle with ovarian cancer, Heck was denied leave under FMLA. Instead, Heck had to take vacation and her own sick time to get time off to care for the seriously ill Andrews, who continues to battle cancer.

The Iowa Department of Corrections denied Heck’s request, saying it felt bound to follow the restrictions of the federal Defense of Marriage Act (DOMA), which prohibits the recognition of a same sex marriage. Heck tried unsuccessfully to grieve the denial through the Department. The ACLU of Iowa agreed to take Heck’s case and brought the dispute to the attention of the Iowa Attorney General for a review of state policy. Following that contact, Heck Wednesday was informed by her supervisor that she would now be granted family leave.

“Caring for a spouse who has a life-threatening illness is difficult enough,” says Wilson. “Facing discrimination that complicates your efforts only makes it worse.”

Wilson says that the federal Defense of Marriage Act (DOMA) promotes prejudice against legally married same-sex couples. “The culprit here is DOMA, which unconstitutionally discriminates against people in same sex marriages in very cruel ways.” Wilson said. Wilson noted that in this case, Iowa was not bound to follow federal Defense of Marriage Act. The Iowa Supreme Court has ruled previously that the state cannot discriminate against same sex married couples.

Meanwhile, the Washington office of the ACLU is presenting a statement today to the Senate Judiciary Committee as part of a congressional hearing on the harm that DOMA has caused to same-sex couples since the act’s passage in 1996. Iowa Senator Charles Grassley is a ranking member on that committee.

The statement is being presented because The Respect for Marriage Act (S. 598 and H.R. 116) legislation is pending in both the Senate and the House. This act would repeal DOMA in its entirety, as well as provide all married couples certainty that regardless of where they travel or move in the country, they would not be treated as strangers under federal law.

Heck and Andrews, who live in the Iowa City area, have been together for 13 years. In April, Andrews was diagnosed with a serious form of ovarian cancer. Heck applied for leave under FMLA to care for Andrews and to be able to drive her to doctors’ appointments and surgeries. There were two specific incidents during this time that if Heck wasn’t available to care for Andrews, she likely would have died.

Heck says she’s relieved to now get family leave. “I feel like I was being kicked when I was already down,” says Heck. “I defend the citizens of the State of Iowa every day. And when I need some defense in return, I’m told no. Especially when it involves a loved one, that really hurts.”

Revictimizing Iowa Rape and Incest Victims (HHS Budget Bill HF649)

After all of the other budget bills had been agreed on and even voted on, a single issue blocked any remaining compromise–anti-choice extremists’ refusal to allow women who get health insurance through Medicaid to be covered for abortions in cases of rape and incest.

Not only was this suggestion shockingly callous, it would also result in a violation of federal Medicaid law and risk Iowa’s losing Medicaid funding. (The Des Moines Register had a spot-on editorial on this today.) Lengthy negotiations went on late into the night this week, with leadership and members of the Heath and Human Services conference committee working hard to avoid an Iowa government shutdown.

Eventually a final version of the HHS budget bill went to vote. The language was a significant change, but in the end, Medicaid funding for these women was preserved.

Still, we are disappointed that the General Assembly decided to change more than 30 years of Iowa law in this area. But as Senator Jack Hatch (D-Des Moines) stated in his opening comments on the bill, we hope and many expect that this new legislation has the effect of maintaining the same level of service and care for Iowa’s most vulnerable women.

Please thank House and Senate leadership and the members of the conference committee for all of their work on this bill.

• Senator Mike Gronstal (D-Council Bluffs)
• Speaker Kraig Paulsen (R-Hiawatha)
• Representative Dave Heaton (R-Mt. Pleasant)
• Representative Joel Fry (R-Osceola)
• Representative Matt Windschitl (R-Missouri Valley)
• Senator Jack Hatch (D-Des Moines)
• Senator Joe Bolkcom (D-Iowa City)
• Senator Amanda Ragan (D-Mason City)

Stop-Gap Budget Bill (HF698)

In case an agreement wasn’t reached on the HHS budget bill and to allow the governor more time to review the budgets, the General Assembly also voted Thursday to pass a stop-gap budget bill.

This one-month budget averts a government shutdown and gives the governor 30 days to review and sign off on the budgets.

Happy Independence Day to everyone! After a legislative session like this one, we’ll be more mindful than ever of the difficulties and challenges our founding fathers had in crafting a democracy.

Anna J. Dey
Lobbyist/Staff Attorney, ACLU of Iowa
anna.dey@aclu-ia.org