Advancing Civil Liberties in 2016

For over 95 years, the ACLU has defended and expanded

civil liberties. Our reputation was earned by effective

litigation. However, we are most effective when

combining strategic litigation with legislative action,

communications, and an engaged base of activists.

The coming year brings many more challenges, from on-

going work to reform our broken criminal justice system

to Cleveland hosting the Republican National

Convention, and the fast-approaching 2016 election.

What follows is a forecast of our ambitious goals to:

Battle bad police practices and racial disparity, and protect the First Amendment.

Secure the vote for every Ohioan and ensure access to the polls.

Fight for non-discrimination and equality for all, including full LGBT equality and

safeguarding women’s rights.

Advocate for a criminal justice system that is truly just.

End the indiscriminate shackling of juveniles in courtrooms.

Substantial progress is possible, but only with your continued vision, energy, and

persistence. Together, we can, and will, create a better Ohio for 2016 and beyond.

ACLU Members in Action in 2015

Issue Action Responses Result

Reproductive

Rights

Urge Ohio legislators to reject

House Bill 69, also known as the

“Heartbeat Bill.”

232

HB 69 passed the

House and is in a

Senate committee.

Voting Rights

Demand that Ohio legislators

include funding in the budget to

send absentee ballots by mail.

127

The budget was

amended to include

this funding.

Disability Rights

Insist Ohio House Speaker not to

bring a bill creating a “ward’s bill

of rights” which would misinform

wards and their guardians, to a

vote.

170

The bill is in a House

committee.

Women’s Rights

Press Ohio legislators to include

coverage for prenatal care in the

Medicaid expansions in the

budget.

88

Medicaid coverage

of pregnant women

was restored in the

budget.

Part One

Battling Bad Police Practices and Racial Disparity, and

Protecting the First Amendment

Hardly a month has gone by without another police shooting of an unarmed

civilian. Sadly, these are not isolated incidents, or particularly new. They are a

symptom of a system that is broken, leading to over policing rather than

community policing, and highlight a police culture in which poor police practices

and excessive use of force unfairly impact communities of color.

Since our founding, the ACLU has fought for an end to systemic racism. We will

continue to advocate for better police practices, such as community policing, and

provide insight on statewide regulations for body cameras to ensure they hold

officers accountable while protecting privacy. We will work with the Department

of Justice, community groups, and the government to ensure we achieve a police

department that is fair, restrained, and committed to protecting all Ohioans.

Public outrage has fueled numerous marches,

demonstrations, and rallies across Ohio. To help

remedy these issues, we will concentrate on:

1. Advocating for meaningful police

reform.

Did You Know?

The ACLU of Ohio was integral in getting the Department of Justice to investigate the

use of force related to the shooting deaths of Timothy Russell and Malissa Williams

by Cleveland police officers. In June 2015, the DOJ reached an agreement with the

city of Cleveland to ensure police reform. The provisions include everything from

better data collection and transparency to the creation of civilian review boards and

an inspector general. But there is still a lot of work before true reform happens. 1

2. Protecting the right to dissent.

In May 2015, hundreds of demonstrators peacefully

marched together in Cleveland to speak out against

police practices. Police funneled protesters into a

small alley, trapping them. Over 70 people were

arrested, many charged with “failure to disperse”

without any opportunity to do so—a flagrant

violation of their First Amendment rights.

Our legal team leapt into action to prevent similar treatment for future

demonstrators and filed a lawsuit against the city of Cleveland seeking a

preliminary order and damages for unlawful arrest and detainment.

The ACLU of Ohio has a longstanding history

of being the foremost guardian of the freedom

of speech and assembly. Our work has never

been more important as we are now preparing

for the Republican National Convention.

The RNC will bring thousands of delegates and their families, members of the

media as well as protestors to Cleveland during July 2016.

Police funneled protestors into a small alley and

trapped them.

Political conventions often result in

massive violations of civil liberties,

such as:

Mass arrests of protesters and

innocent bystanders.

Suppression of political speech.

Racial profiling.

Police misconduct.

Mass surveillance.

Interference with travel and

association.

We are prepared to combat these

practices, and we will continue to

protect First Amendment rights

before, during, and after the RNC.

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Part Two

Securing the Vote for Every Ohioan by Ensuring Access

to the Polls

And we know that in Ohio it will always be a question of when, not if, politicians try

to erect obstacles to the polls.

1. Advocate for unbiased election laws in the legislature and courts.

The Ohio legislature continues to pass voter suppression laws that make it harder

for Ohioans―particularly communities of color, the elderly, students, and people

with disabilities―to participate in our democracy. These measures include cuts to

early voting, voter ID laws, and purges of voter rolls. The ACLU of Ohio will continue

to fight against these laws, as well as, to push for a legislative environment where

the erosion of our voting rights is no longer tolerated.

It will always be a question of when, not if, politicians will try to erect obstacles

to the polls.

We’ve all heard the saying, “As Ohio goes,

so goes the nation.” And it’s true that no

successful presidential candidate since

John F. Kennedy has won the White House

without winning Ohio. Because Ohio

prominently factors into national political

conversations, regressive legislation

passed in Ohio often flows into other state

legislatures.

With the 2016 election fast approaching, we are

readying for a storm of attacks on the right to

vote. We will continue to make our presence

known in the legislature, courts, and public

arena, to prevent the erosion of voting rights. In

2016, we will focus our voting rights efforts to:

We will continue to educate Ohioans,

particularly students, individuals with criminal

convictions, and those with disabilities about

their voting rights. We will work with coalition

partners as well as state and local agencies to

distribute our voter empowerment cards to

ensure that individuals know their rights and

can make their voices heard through the ballot

box. With persistence and dedication, we can make Ohio a national model for voter

access and abolish systemic barriers to the polls. 3

2. Support laws and policies that leverage technology to enhance all

Ohioans’ access to the ballot box, including voters with disabilities,

seniors, and those with limited English proficiency.

In addition to challenging regressive voting laws, we're advocating for innovations

like online voter registration, electronic poll books, and increased early voting

opportunities. Although many of these modern enhancements have bipartisan

support, legislation has been slow to move in Ohio.

Part Three

Advocating for Non-Discrimination and Equality for All

For decades, the ACLU of Ohio has fought on the frontlines of justice to secure full

LGBT equality and expand women’s rights, and we won’t stop. We believe that

gender and sexual orientation should not determine a person’s opportunity to live

In June 2015, Senate Bill 63 passed the Senate―a

bill establishing an online voter registration

system. Unfortunately, SB 63 requires a driver’s

license or state issued ID. This makes it much

harder for many Ohioans, including those with

disabilities and limited incomes, to use this

system.

Voting is the cornerstone of our democracy and is

the fundamental right upon which all our civil

liberties rest. The ACLU of Ohio will continue to

advocate for a system that is fully accessible to all Ohioans and protect the right to vote for everyone.

Voting Rights Victories at a Glance

In 2015, our legal team reached a settlement in NAACP v. Husted, a case

filed after the Ohio General Assembly slashed early voting opportunities.

Ohioans now can vote on multiple Sundays leading up to a presidential

election, and have additional evening hours to vote in all elections.

Our legislative staff, ACLU supporters, and coalition partners

successfully lobbied legislators to keep funding in the state budget for

mailing absentee ballots.

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2. Fight for women’s rights, including reproductive freedom.

Likewise, extremist politicians continue to push to shut down women's health

centers, cut off access to affordable birth control, and shame women who seek

LGBT people can be denied housing, public accommodations, and be fired from their job.

free from discrimination. We are making great

strides, but we still have an uphill battle. In

2016, we will:

1. Push for full LGBT equality.

We are preparing for the inevitable backlash

after our hard fought victory for the freedom to

marry. In Ohio, LGBT people can be fired from

In 2016, we must focus on combatting this injustice

and countering broad religious exemption laws,

which distort the meaning of religious liberty by

using it as a license to discriminate. Imagine a

school teacher refusing to meet with a student’s

LGBT parents due to her “sincerely held religious

beliefs.”

Obergefell v. Hodges: The Freedom to Marry

In June 2015, the U.S. Supreme Court heard six marriage cases. The ACLU, along

with Lambda Legal and Gerhardstein & Branch, were co-counsel on the Ohio

case, Obergefell v. Hodges.

In a momentous win, the Court ruled that all LGBT marriages matter. Now all states

have to recognize the fundamental constitutional right of committed, loving same-

sex couples to marry.

The ACLU of Ohio joined Equality Ohio and the Human

Rights Campaign to form a new coalition called, “Ohio

Competes.” Our goal is to enact long overdue non-

discrimination laws in Ohio and combat any laws that

would use religion to discriminate against others. We

will use all of our resources, including launching a

dedicated lobbying strategy to ensure that LGBT

Ohioans receive full equality.

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their jobs and denied housing and public accommodations for simply being who

they are.

abortions. These laws are being passed at an alarming pace, making it difficult, if

not impossible, for women to access critical health-care services.

Part Four

Fighting for a Criminal Justice System that is Truly Just

This is why the ACLU of Ohio is committed to reforming our broken criminal justice

system into one which prioriticizes rehabilitation over mass incarceration. Our

core criminal justice goals for the next year are to:

1. End solitary confinement for individuals with mental illness.

Imagine spending 23 hours a day locked inside a room the size of a parking space.

You eat three meals a day inside this room. Phone calls and family visits are

For decades, Ohio politicians sought to be

“tough on crime” by increasing criminal

penalties. The result―courts and prisons that

are overflowing. Our prison system is at 130

percent capacity. Meanwhile, crime rates have

not declined and budgets are strained.

Did you know?

In 2015, Governor Kasich’s budget contained a provision to cut Medicaid coverage for

some expectant mothers. A single woman without children would only qualify if her

annual income was under $21,707, a drop of nearly $10,000. We successfully lobbied

against this cut and helped ensure that all expectant mothers have access to prenatal

care coverage.

In 2015, three extremely restrictive choice bills were

introduced and are moving through the Ohio

legislature― a “Heartbeat Bill,” a “20-week ban” and

a ban based on Down syndrome determination. Our

legislative team sprang into action to analyze and

monitor these attacks on women’s autonomy.

These bills may each be different, but the end result

is the same―denying Ohio women and families the

right to make their own personal decisions. The

ACLU of Ohio will continue to provide testimony to

remind our politicians to stay out of the personal

health-care decisions of all Ohio families.

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extremely limited. The one hour per day outside of the cell is spent in a

recreational cage the size of a walk-in closet. This is life in solitary confinement.

People with mental illness are placed in solitary with little opportunity for

rehabilitation. If mental health programming occurs, it is while in a cage,

handcuffed to a table, or alone in a cell via a televised recording. This must stop.

We will continue to push for the Ohio Department of Rehabilitation and Corrections

to reform its policies that house prisoners in extreme isolation which degrades

their mental health and makes them less likely to successfully re-enter society.

In 2011, Ohio became the first and only state to sell a prison to a private company.

The sale of the Lake Erie Correctional Institution is a model of everything that is

Just one week in solitary confinement can cause adult brain

function to decline.

The U.S. Supreme Court, international

human rights groups, and medical

professionals say solitary confinement

is akin to physical and mental torture,

yet Ohio continues this practice.

2. Combat prison profiteers.

Prisons For Profit

Should there be an incentive on incarceration? No.

But the sad reality is that there are companies whose

profit relies on keeping people in prison.

As the public good suffers from mass incarceration,

The effects of solitary confinement for

individuals with mental illness are

even more devastating.

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Did You Know?

Earlier this year in response to the hunger strike at Ohio’s maximum-security

prison in Youngstown, the ACLU of Ohio pressured prison officials to change

policies that would have a disastrous effect on prisoners’ mental health. After these

talks, the Ohio Department of Rehabilitation and Correction decreased the number

of individuals in the highest-level of solitary confinement by more than 60 percent.

private prison companies lobby for more government dollars, and their executives

rake in enormous compensation packages. The business model of private prison

companies depends on incarceration. Empty beds = money out the window.

wrong with prison privatization: increased violence, deplorable conditions, high

staff turnover rates, and security problems for the local community.

Unfortunately, Ohio has not learned its lesson on prisons for profit.

In a legislative sleight of hand, politicians

amended the sale of the North Central

Correctional Institution in Marion, into House Bill

239, and passed it without any chance for

testimony, public discussion, or media coverage.

Once again, Ohio legislators are opting for a quick fix to save revenue despite the

dangerous consequences. We will lobby to stop this and other similar bills that

incentivize mass incarceration for profit and will continue to expose the problems

with prison privatization in the court of public opinion.

Pay-to-Stay

Consequently, many individuals are released from jail much further in debt than

before they entered. This makes it incredibly hard for them to obtain jobs, housing,

and educational opportunities, feeding the cycle of incarceration that plagues our

state. That’s why the ACLU of Ohio will continue to advocate for an end to pay-to-

stay in all Ohio jails.

The ACLU of Ohio recently studied 75 of the 88 counties

in Ohio and found:

39 of these counties had a “pay-to-stay” policy.

The average cost for one night in jail is almost

$81.

o This equals working 10 hours at a minimum

wage job.

Only 19 jails took indigency or a person’s ability to

pay into consideration even though more than 80

percent of the state jail population is indigent.

27 counties pursue collection of fees owed upon

release, and collections agencies may add up to

an additional 30% fee.

The bottom line of any private prison company

is to make money for its shareholders.

Can you imagine paying for your time spent in jail,

almost like you are checking into a hotel? Ohio law

allows jail administrators to charge inmates a variety

of fees for booking, housing, clothing, and even

medical expenses. This is called “pay–to-stay.”

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3. Advocate for smart sentencing reform.

In 2016, we will leverage the growing public sentiment against mass incarceration

to challenge sentencing enhancement laws by using effective communications,

advocacy, and research to illustrate the cumulative effect of these bills. Together,

we can stem the tide of these bills and hold legislators accountable.

Part Five

Ending Indiscriminate Shackling of Juveniles in Court

We will continue to “break the chains” and fight for fair treatment of children in

our criminal justice system.

Despite passing moderate sentencing reform only a

few years ago, Ohio legislators continue to include

harmful sentencing enhancements on a variety of

proposed legislation. Each bill individually does not

appear to have a major effect on incarceration.

However, together the impact is clear: if passed they

will lead to many more people in jail and prison for

longer periods of time, particularly people of color.

In courtrooms across Ohio, children are shackled with leg irons, belly chains, and handcuffs whether or not they pose a safety risk. This contradicts the rehabilitative mission

of juvenile courts and stigmatizes children.

Although each court room is different, some

counties shackle every child regardless of the

actual safety risk. That’s why we collaborated

with the Office of the Ohio Public Defender and

the Juvenile Justice Coalition to urge the Ohio

Supreme Court to implement a rule governing

juvenile shackling, which it is now considering.

Significant Victory for Students in Juvenile Detention Centers!

All Ohio youth with disabilities, including those in detention facilities, are entitled to

special education services. The ACLU of Ohio filed a complaint with the Ohio

Department of Education alleging that children in the Cuyahoga County Juvenile

Detention Center were routinely denied these services. The ODE launched a full

investigation that confirmed our allegation. The agency has now issued corrective

actions for 14 Ohio school districts to protect all children’s right to an education.

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Thank you for your continued support

and partnership. Together, we can

achieve our goals for 2016 and beyond.

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