ACLU of Kentucky

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Re: Amicus Curiae regarding Expert Assistance Print E-mail
Sunday, August 20, 2006, 10:47 am
Supreme Court of Kentucky. Pending.  The Supreme Court of Kentucky recently ruled that defendants facing the death penalty are not entitled to the assistance of state paid experts in post-conviction proceedings. The ACLU of Kentucky filed an amicus curiae (friend of the court) brief arguing that without the assistance of experts in post-conviction proceedings, death penalty defendants are denied meaningful access to the courts with which to challenge their conviction and sentence. We are awaiting the court’s response.
 
Re: Freedom of Information Act Requests for Spy Files Print E-mail
Sunday, August 20, 2006, 10:47 am

Pending without litigation.  The ACLU of Kentucky joined the national ACLU and several ACLU state affiliates in requesting FBI files on various individuals and organizations advocating for well-known causes, including the environment, animal rights, labor, religion, Native American rights, fair trade, grassroots politics, peace, social justice, nuclear disarmament, human rights, and civil liberties.

After reviewing documents obtained through a series of Freedom of Information Act (FOIA) requests filed last December, the national ACLU charges that the FBI and local police are engaging in intimidation based on political association and are improperly investigating law-abiding human rights and advocacy groups.

 The ACLU of Kentucky request included a Greenup County minister who was detained for more than an hour by Canadian border officials while trying to enter the country last fall on a sightseeing trip. Rev. Raymond Payne of Russell has never been arrested, has never been charged with a crime, and has never even participated in a protest. In fact, he has received only one traffic ticket in his lifetime. But border officials told him that he was being detained because he is the subject of an FBI file. Reverend Payne believes he may have come under federal scrutiny immediately after September 11 when he ordered books over the internet about the Islamic religion, including several copies of the Koran. He did so – at the request of his congregation – to help the church members gain a better understanding of the faith.

The ACLU of Kentucky’s spy file request also includes several peace activists from throughout Kentucky and two peace organizations, Patriots for Peace in Paducah and the Louisville Peace Action Community, both of which have organized peace demonstrations in recent years.

The ACLU of Kentucky has asked for expedited processing of its spy file requests. The FBI has acknowledged receipt of the requests, but has refused expedited processing for the bulk of the requests such that the requests will be processed on a first-in-first-out basis. We have filed an administrative appeal of the denial of expedited processing and await a decision on this appeal.
 
Re: Immigration Matter Print E-mail
Sunday, August 20, 2006, 10:46 am
Immigration Court. The ACLU of Kentucky is sponsoring representation of three immigrants who are facing deportation. They came to the attention of the United States Customs and Immigration Enforcement after attempting to file taxes.
 
Judicial Bypass Cases Print E-mail
Sunday, August 20, 2006, 10:44 am
Jefferson District and Circuit Courts & Fayette District and Circuit Courts. A panel of ACLU cooperating attorneys continues to represent young women seeking judicial approval to make their own decision about whether to continue or terminate their pregnancy. State law (the earlier versions of which we successfully blocked for more than 10 years) requires young women under 18 who are seeking abortions to obtain parental consent or a judge’s order. Judges must permit the abortion for a young woman who is mature enough to make the decision herself or if the judge nevertheless finds that an abortion would be in her best interest. Our cooperating attorney panel enjoys great success in persuading judges that the young women are sufficiently mature to make the decision themselves.
 
Curington v. Richardson Print E-mail
Sunday, August 20, 2006, 10:42 am
United States District Court & Jefferson Circuit Court.  These two lawsuits challenged the placement of Republican “poll challengers” in 59 precincts in predominantly African-American neighborhoods in Jefferson County for the 2003 November election. On behalf of residents of those neighborhoods, the lawsuits contended that targeting voters by race violates the federal Voting Rights Act and Kentucky’s Constitution. The defendants claimed that the targeted precincts were chosen not for race, but because of high Democratic registration. The Jefferson Circuit Court denied our request for a temporary injunction prohibiting placement of the poll challengers in 2003, but widespread publicity and community education efforts may have limited any adverse effect of their presence at polling places. Because both lawsuits challenged conduct unique to the 2003 election and that election has now passed, we have agreed to dismiss the cases as moot. We can file new cases if either political party engages in similar behavior during future elections.
 
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