aclu-logo

Protecting the Bill of Rights in Utah since 1958

Newsroom

In The Media 

Follow the links below to view ACLU of Utah press releases.

ACLU OF UTAH FILES PETITION SEEKING IMMEDIATE REVIEW OF WEBER COUNTY “GANG INJUNCTION”; REQUESTS COURT ORDER BLOCKING ENFORCEMENT OF INJUNCTION SALT LAKE CITY

04 October 2010 Published in Newsroom
FOR IMMEDIATE RELEASE        October 4, 2010                                    ACLU OF UTAH FILES PETITION SEEKING IMMEDIATE REVIEW OF WEBER COUNTY “GANG INJUNCTION”; REQUESTS COURT ORDER BLOCKING ENFORCEMENT OF INJUNCTION SALT LAKE CITY The ACLU of Utah and cooperating attorneys David Reymann and Clemens Landau of the law firm Parr Brown Gee & Loveless, along with co-counsel Michael J. Boyle, today filed petitions with the Supreme Court of the State of Utah seeking immediate appellate review of the “gang injunction” entered last week by Second District Court Judge Ernie W. Jones. The ACLU of Utah also requested that the Supreme Court block Weber County from enforcing the injunction until after the appeal is decided. The injunction, which was officially entered on September 28, prohibits the Ogden Trece (Trece), and all of its over 475 alleged members, from, among other things, associating with other alleged members of Trece (including family, friends, and co-workers), possessing legal firearms, drinking alcohol (on both public and private property), and engaging in numerous other kinds of constitutionally protected expressive speech and activities.  These prohibitions apply to anyone identified by law enforcement, in its own discretion and with no judicial oversight, to…

ACLU of Utah Seeks to Intervene in "Gang Injunction" Case

09 September 2010 Published in Newsroom
ACLU OF UTAH SEEKS TO INTERVENE IN “GANG INJUNCTION” CASE, RAISES SERIOUS CONSTITUTIONAL CONCERNS WITHWEBER COUNTY’S PROPOSED INJUNCTION The ACLU of Utah and cooperating attorneys David Reymann and Rita Cornish of the law firm Parr Brown Gee & Loveless filed motions today seeking to submit an amicus curiae (friend of the court) brief or for limited intervention in the lawsuit recently filed by Weber County seeking an unprecedented “gang injunction.” The proposed injunction would prohibit the Ogden Trece organization, an alleged “street gang,” and any of its alleged members from associating or otherwise engaging in numerous lawful activities anywhere within the City of Ogden. In its lawsuit, Weber County asks the Court to label Ogden Trece, and all of its alleged members, a “public nuisance,” and to issue a permanent injunction that would prohibit those alleged members from, among other things, associating with other alleged members of the group (including, presumably, family, friends, and co-workers), possessing legal firearms, drinking alcohol (on both public and private property), and engaging in numerous other kinds of constitutionally protected expressive speech and activities. These prohibitions would apply to anyone identified by law enforcement, in its own discretion and with no judicial oversight, to be…

UACDL Files Amicus Brief in Support of ACLU's Motion for Expedited Appeal of Ogden "Gang Injunction"

17 August 2010 Published in Newsroom
For Immediate Release October 18, 2010 The Utah Association of Criminal Defense Lawyers today filed with the Utah Supreme Court an amicus curiae (or "friend of the Court") brief (http://www.acluutah.org/UACDL_amicus_brief_Weber_v_Ogden_Trece.pdf) in support of the ACLU of Utah's Petition for Permission to Appeal Interlocutory Order and Motion for Stay Pending Appeal in the Ogden Trece "gang injunction" case. (See ACLU of Utah papers here:http://www.acluutah.org/OgdenTrece.html). A summary of the UACDL's request to be permitted leave to file an amicus brief is reproduced below: *** UACDL’s involvement in this case would ensure that the constitutional issues are fully briefed. Contrary to Weber County’s claims that its request for an injunction is not out of the ordinary, the County’s motion appears to be suspect on its face. One of the principal cases that the county relies on, People v. Acuna, 929 P.2d 596, 609 (Cal. 1997), is readily distinguishable from this matter given the vast geographical area that the County’s motion seeks to address. As opposed to the small area at issue in Acuna, the County seeks to ban a large area of Ogden City. Indeed, on August 28, 2010, the Ogden City police chief described the goal of the injunction in the Salt…

ACLU Of Utah Joins Nationwide Letter To DHS Secretary Napolitano Criticizing DHS’s Response to and Potential Use Of “The List"

29 July 2010 Published in Newsroom
The American Civil Liberties Union of Utah (ACLU of Utah) this week joined with 120 other civil rights organizations and individuals nationwide to urge Department of Homeland Security (DHS) Secretary Janet Napolitano categorically to reject use by DHS of the now-infamous “list” of 1,300 Utah residents who are allegedly in the country unlawfully. Noting the almost universal condemnation of the list across the political spectrum, the letter asks that Secretary Napolitano: • Issue a public statement unequivocally rejecting the Utah blacklist and this kind of vigilante approach to immigration enforcement;• Commit not to rely on information furnished in the blacklist to pursue any immigration investigations or enforcement actions;• Notify all ICE officers and trial attorneys that they may not rely on the blacklist for purposes of immigration investigations, arrests, detention, prosecutions, or removals; and• Inform all 121 organizations that signed the letter of what actions, if any, ICE undertook when it first received the blacklist in early April. “This type of list, created illegally by state employees utilizing confidential government databases, serves only to inspire fear and distrust in our communities,” said ACLU of Utah Executive Director Karen McCreary. “For the government to utilize information that was compiled and released…

Utah Supreme Court Validates Use of E-Signatures in Electoral Process

22 June 2010 Published in Newsroom
SALT LAKE CITY, UT – The Utah Supreme Court today issued an opinion validating the use of e-signatures in the electoral process. The Court’s opinion, the first of its kind nationwide, has the potential to increase significantly the ability of independent candidates to access the general election ballot, and thus to increase the opportunity for minority viewpoints to be heard and considered in election years.

Execution In Utah Highlights Need To Abolish Death Penalty, Says ACLU

10 June 2010 Published in Newsroom
Execution By Firing Squad Inhumane And Brings Needed Attention To Death Penalty's Systemic Injustices The execution of Ronnie Lee Gardner, who was put to death by firing squad early Friday, highlights the inhumanity and inequity of the death penalty system in the United States, according to the American Civil Liberties Union. The execution of Gardner, who was strapped into a chair, had a hood placed over his head and a small white target pinned over his heart before five anonymous men fired at him with identical .30 caliber rifles, was the third death sentence carried out by firing squad since 1976, and the first since 1996. The state of Utah has executed just seven people in the last 35 years, and currently there are only nine people on the state's death row. The following can be attributed to John Holdridge, Director of the ACLU Capital Punishment Project: "Gardner's execution was both savage and inhumane and highlights the systemic injustices that plague the entire death penalty system in Utah and the rest of the United States. Those who are executed in this country are casualties of an unequal system of justice, in which decisions about who lives and who dies are…

ACLU OF UTAH RELEASES REPORT ON OGDEN ELECTION IRREGULARITIES

25 January 2010 Published in Newsroom
  Report details reported incidents of electioneering, over-reaching voter challenges and provisional ballot issues, concluding that legislative changes and increased oversight are necessary. click here for a pdf version of this press release FOR IMMEDIATE RELEASE April 25, 2008 Contact: Karen McCreary This email address is being protected from spambots. You need JavaScript enabled to view it. or (801) 521-9862 ext 102 April 25, 2008 – SALT LAKE CITY – The American Civil Liberties Union of Utah released a report today detailing the results of an investigation into election irregularities surrounding the Ogden 2007 municipal election. The ACLU of Utah received numerous complaints from Ogden elections following the November 6 election, alleging inappropriate use of voter challenges, denial of provisional ballots, voter intimidation and electioneering at polling places. “The individuals who contacted our office had serious concerns that their right to vote was compromised,” says Marina Lowe, ACLU of Utah Staff Attorney. “They arrived at the polling place, ready to vote, and were shocked when they were turned away, or when they discovered later that their provisional ballot went uncounted. The right to vote is one of our most fundamental liberties; these individuals felt that their access to that right was unfairly compromised.” In response to these complaints, the ACLU of Utah conducted an…

ACLU of Utah Deeply Troubled By Attorney General's Website Featuring Arrest Video

28 August 2008 Published in Newsroom
  The Office of Utah Attorney General Mark Shurtleff recently launched a website featuring arrest videos of alleged Internet predators. Shurtleff unveiled the site, which he heralded as a means to deter sex offenses, at a public press conference on August 27, 2008. At that time, members of the press and public were shown a video of a man being led away in handcuffs; the video also featured interviews with law enforcement officials who commented on the danger that this arrested man poses to society. The ACLU of Utah is deeply concerned by the Attorney General’s actions. At the time of the press conference, the ACLU of Utah issued an official statement condemning the tactics used as part of this new website. In particular, the ACLU of Utah stated emphatically that fundamental to the United States’ legal system is the principle that individuals are innocent until proven guilty; mere arrest does not equate to guilt. However, widely publicizing an arrest in this sensational manner can cause members of the public to conclude that the arrested man is guilty. While news media often documents and airs arrests, there is a particular danger that an arrested individual will be found guilty in…

National ACLU Statement on the Texas Raid of FLDS Ranch

02 May 2008 Published in Newsroom
On April 3, 2008, Texas law enforcement officials obtained a search warrant related to the suspected sexual assault of a child and then conducted a raid on the YFZ Ranch near Eldorado, Texas. Based upon news reports and other available information, the ACLU has serious concerns that the state’s actions so far have not adequately protected the fundamental rights at stake.

Planned Parenthood & ACLU Rally for Choice Utahns Need Birth Control Not Bans

02 December 2007 Published in Newsroom
FOR IMMEDIATE RELEASE February 12, 2007  SALT LAKE CITY -- On Thursday, February 15 from 4:30-6:30 p.m. a rally will be held at the Utah State Capitol Plaza to oppose House Bill 235, a bill that would criminalize abortion in Utah. Today the House substituted a so-called “trigger” bill. Either way one bill would directly challenge Roe v. Wade if it is signed into law and the other would impose an abortion ban at some uncertain time in the future. Both versions violate a woman’s constitutional right to decide whether or not to have a child, which is among the most fundamental and private decisions a person can make. Instead of preventing abortion by providing access to family planning and comprehensive sex education, this legislature wants to take away a woman’s choice, a private personal and medical decision that is made by roughly 3,000 women in Utah a year. 66% of women who have abortions in Utah are mothers, mothers who have to make gut wrenching decisions for the welfare of their families. Even in a recent Dan Jones & Associates poll conducted for the Deseret Morning News and KSL-TV, 52% of Utahns oppose adopting a law that would outlaw…

Judge Permits Challenge to Utah Harmful to Minors Act to Proceed

29 November 2007 Published in Newsroom
FOR IMMEDIATE RELEASE November 29, 2007 Salt Lake City, UT - In an opinion and order issued today, Judge Dee Benson of the U.S. District Court in Salt Lake City denied an attempt by Attorney General Shurtleff to dismiss a challenge to the Utah Harmful to Minors Act, as recently amended. The challenge was brought by local and national booksellers, including locally owned The King’s English Bookstore and Sam Weller’s Zion Bookstore, mainstream national media groups, and internet providers, among others. The lawsuit was brought by plaintiffs on grounds that the Utah Harmful to Minors Act, although meant to protect children from sexually explicit material on the Internet, instead unconstitutionally restricts the access of adults to First Amendment-protected material, limits the free speech rights of Internet content providers, could negatively impact Internet users who have no wish to restrict the sites to which they have access, acts as a prior restraint on Internet service providers’ speech, and violates the Commerce Clause of the United States Constitution. As to the primary challenge to the definition of “harmful to minors” and the application of the law to Internet transmissions, the Court found today that eight of the plaintiffs have standing to challenge these…

ACLU of Utah Investigates Ogden City Election Complaints

19 November 2007 Published in Newsroom
For Immediate Release November 19, 2007 SALT LAKE CITY -- The American Civil Liberties Union of Utah will be looking into complaints it has received regarding election irregularities in the November 6th mayoral race in Ogden, Utah, as it considers potential action. “We have received complaints of election irregularities including inappropriate use of voter challenges, denial of provisional ballots, intimidation of voters and electioneering at the polling places,” states Karen McCreary, Executive Director.  “If substantiated, these actions not only undermine the trust and confidence Utah voters should have in the electoral process but they also violate the Utah constitution and state law.” The ACLU of Utah is seeking information from any one who encountered problems voting in the Ogden mayoral election on election day or who observed incidents in which fellow voters were discouraged from voting. Information should be directed via email to This email address is being protected from spambots. You need JavaScript enabled to view it. or by phone to 801-521-9862, extension 101.

ACLU of Utah Asks the Utah Supreme Court to Invalidate State Tax Law That Censors Free Expression

16 November 2007 Published in Newsroom
 FOR IMMEDIATE RELEASE November 16, 2007  SALT LAKE CITY – Citing First Amendment violations, the American Civil Liberties Union of Utah filed a friend-of-the-court brief with the Utah Supreme Court today in a case challenging a state law that imposes a substantial tax on businesses deemed to be “sexually explicit.”  “The power to tax is an awesome responsibility, and lawmakers must be careful that they do not run afoul of the Constitution by singling out particular speech or expression for taxation,” said ACLU of Utah Staff Attorney Marina Baginsky Lowe. “Unfortunately, this law does exactly that.” At issue in the case is a 2004 law that imposes a 10 percent tax on all gross income from businesses that feature “any nude or partially denuded individual.” While courts have upheld time, place, and manner restrictions on businesses featuring nude dancing, they have not allowed governments to selectively restrict that practice absent a compelling state interest. At the time the Utah State Legislature considered the law, the ACLU of Utah and others lobbied against it, warning that legislators’ unsupported assertions that there is a connection between the types of businesses targeted by the bill and sex crimes were not enough to provide…

“Torture and the Rule of Law: Three Narratives About Abu Ghraib,” A Presentation by the Director of the ACLU’s National Security Project

20 September 2007 Published in Newsroom
FOR IMMEDIATE RELEASE September 20, 2007  SALT LAKE CITY -- On Thursday, September 27, 2007 at 7:30 p.m., the American Civil Liberties Union of Utah will host an event at the Gore Auditorium, Westminster College, 1840 South 1300 East. The event will feature a presentation by Jameel Jaffer on “Torture and the Rule of Law: Three Narratives About Abu Ghraib.” This presentation is free and open to the public. Jaffer is a litigator for the American Civil Liberties Union and Director of the ACLU's National Security Project.  Jaffer and ACLU attorney Amrit Singh, successfully forced the Department of Defense to release documents which exposed the widespread use of torture and other concerns regarding the treatment and detention of prisoners held by the U.S. in Afghanistan, Iraq, and at Guantanamo Bay, after they filed a Freedom of Information Act (FOIA) request that was litigated in Federal Court. “We now possess overwhelming evidence that political and military leaders endorsed interrogation methods that violate both domestic and international law,” said Jaffer, “The documents that have been released make very clear that senior military officials and civilian leaders should be held accountable for what took place.” Jaffer's book, about the FOIA case, titled "Administration…

The Constitutional Law Section of the Utah State Bar and the ACLU of Utah Present a CLE by Jameel Jaffer Titled: “Foreign Intelligence Surveillance: From the 1976 Church Committee to the 2007 Protect America Act”

01 September 2007 Published in Newsroom
FOR IMMEDIATE RELEASE September 1, 2007  SALT LAKE CITY--This breakfast CLE will be held on Friday, September 28, 2007 at 8:00 a.m. at the law firm of Snell & Wilmer. Section business, including elections for board officers, will be conducted after the CLE. Cost is $15 or $10 for section members. Please RSVP to Beth Johnson at (801) 257-1991 by September 21. Jameel Jaffer is a litigator for the American Civil Liberties Union and director of the ACLU’s National Security Program. Currently, his docket includes Doe v. Gonzales, a challenge to the FBI’s “national security letter” power; ACLU v. National Security Agency, a challenge to the constitutionality of warrantless surveillance conducted by the NSA; American Academy of Religion v. Chertoff, a challenge to the government’s refusal to grant a visa to Swiss scholar Tariq Ramadan; and ACLU v. Department of Defense, litigation under the Freedom of Information Act for records concerning the treatment and detention of prisoners held by the U.S. in Afghanistan, Iraq, and at Guantanamo Bay. Jaffer has argued national security cases in the district and appellate courts and has testified before Congress about government surveillance. His book about ACLU v. Department of Defense, titled “Administration of Torture” and co-written with ACLU…

ACLU of Utah Welcomes Staff Attorney Marina Baginsky Lowe

31 May 2007 Published in Newsroom
FOR IMMEDIATE RELEASE May 31, 2007 SALT LAKE CITY -- The ACLU of Utah is pleased to announce that it has selected Marina Baginsky Lowe as its new staff attorney. Lowe is a 2004 graduate of Hastings College of Law where she excelled in international moot court competitions and served as a teacher’s assistant. She has continued her interest in moot court by coaching law students in Jessup International Law moot court competitions for a number of years.  Before moving to Salt Lake City in 2006, Lowe was an associate with Morgan Lewis & Bockius in San Francisco for several years. Most recently, she worked for the Salt Lake Legal Defender Association in its criminal appellant division. Prior to law school, Lowe spent two years working in France with Hewlett-Packard Corporation as a marketing project manager. ACLU of Utah Executive Director Karen McCreary cited Lowe’s passion for civil liberties as one of the main reasons for her selection. “The search committee was extremely impressed by Marina’s skills, engaging personality, and strong commitment to civil liberties and the ACLU,” said McCreary. “We are very excited to have her join us.”  ###

Christopher M. Finan, President of the American Booksellers Foundation for Free Expression, to Speak at ACLU of Utah Bill of Rights Celebration

16 April 2007 Published in Newsroom
 Editorial Cartoonist Pat Bagley Will Also Be Honored at the Dinner FOR IMMEDIATE RELEASE April 16, 2007  SALT LAKE CITY -- On Thursday, May 24, 2007 at 6:00 p.m., the American Civil Liberties Union of Utah will host its annual Bill of Rights Celebration at the Sheraton Hotel in Salt Lake City. The benefit dinner offers Utahns a chance to support the work of the ACLU of Utah Foundation and to honor individuals who have made significant contributions to the advancement of civil liberties. This year’s Bill of Rights Celebration will feature special guest and speaker Christopher M. Finan. Finan is the president of the American Booksellers Foundation for Free Expression (ABFFE), an organization established by the American Booksellers Association in 1990 to defend the First Amendment rights of booksellers and their customers. Finan has been involved in the fight against censorship for over twenty-five years. In addition to his work with ABFFE, he is chairman of the board of directors of the National Coalition Against Censorship and is a trustee of the Freedom to Read Foundation. His new book, From the Palmer Raids to the PATRIOT Act: A History of the Fight for Free Speech in America, will be…

Planned Parenthood & ACLU Rally for Choice Utahns Need Birth Control Not Bans

12 February 2007 Published in Newsroom
FOR IMMEDIATE RELEASE February 12, 2007  SALT LAKE CITY -- On Thursday, February 15 from 4:30-6:30 p.m. a rally will be held at the Utah State Capitol Plaza to oppose House Bill 235, a bill that would criminalize abortion in Utah. Today the House substituted a so-called “trigger” bill. Either way one bill would directly challenge Roe v. Wade if it is signed into law and the other would impose an abortion ban at some uncertain time in the future. Both versions violate a woman’s constitutional right to decide whether or not to have a child, which is among the most fundamental and private decisions a person can make. Instead of preventing abortion by providing access to family planning and comprehensive sex education, this legislature wants to take away a woman’s choice, a private personal and medical decision that is made by roughly 3,000 women in Utah a year. 66% of women who have abortions in Utah are mothers, mothers who have to make gut wrenching decisions for the welfare of their families. Even in a recent Dan Jones & Associates poll conducted for the Deseret Morning News and KSL-TV, 52% of Utahns oppose adopting a law that would outlaw…