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You are here: Home / Archives for American Civil Liberties Union

Virtual town hall tonight about COVID-19 within Missouri prisons

November 24, 2020 By Alisa Nelson

The Missouri State Conference of the NAACP, American Civil Liberties Union and several other organizations are hosting a virtual town hall this evening at 7 p.m. to talk about COVID-19 outbreaks within Missouri’s prisons. Families of those impacted by COVID inside Missouri prisons will have the opportunity to speak directly to some state leaders.

Virtual town hall tonight about COVID-19 within Missouri prisons

Panelists include Dr. Randall Williams, Missouri Department of Health and Human Services, Tim Cutt, Missouri Corrections Officer Association, Dr. Cheryl Avant, Health Chair NAACP, Amy Breihan, Co-Director MacArthur Justice Center, Ingrid Burnett, MO Democrat Caucus, Wiley Price, the Black Caucus, and others.

Missouri Department of Corrections spokesperson Karen Pojmann tells Missourinet 758 prisoners and 254 employees currently have COVID-19. Twenty-seven inmates and four workers have died from the virus.

To register for the town hall, click here. You can also watch it live on the Jefferson City NAACP Facebook page.

Copyright © 2020 · Missourinet

Filed Under: Crime / Courts, Health / Medicine, News Tagged With: American Civil Liberties Union, Karen Pojmann, Missouri Corrections Officer Association, Missouri Department of Corrections, Missouri Health Department Director Dr. Randall Williams, Missouri State Conference of the NAACP

Missouri Senate committee gets to work on violent crimefighting package

July 29, 2020 By Alisa Nelson

A Missouri Senate committee is reviewing a plan that aims to help reduce the state’s violent crime rate. Sen. Doug Libla, the Transportation, Infrastructure, and Public Safety Committee chairman, is sponsoring the bill the Legislature is tasked with passing during the special session underway.

Missouri Senate

In Kansas City, at least 107 people have been murdered so far this year – a 35% increase over the same time last year. St. Louis has had at least 150 homicides so far in 2020, compared to 113 during the same period last year.

Gov. Mike Parson called the special session to have lawmakers pass a plan that includes creating a witness protection fund and removing a St. Louis police residency requirement to help recruit more officers.

During a committee hearing Tuesday, St. Louis Police Chief John Hayden says his department has a shortage of about 130 officers during a time when the city is averaging 10 homicides per week.

“No other police department in this region has a residency rule,” says Hayden. “Therefore, the department with the greatest demand for officers in this region has the greatest impediment to recruitment.”

Hayden says a study has found his department’s number one barrier to recruitment is the residency requirement.

“To meet the demands of the ongoing gun violence and continuing demonstrations, our officers have had to endure 12 hours days, cancellation of recreation days and countless, irretrievable hours away from their families. Needless to say, our officers are physically, emotionally and spiritually drained. We desperately need more officers and we need them now,” he says.

St. Louis Police Captain Charles Lowe says going to the area where he was shot in 2015 reopens a traumatic wound.

“Officers would not have the anxiety of coming back to those locations that caused them immediate anxiety,” says Lowe. “It would give them a time away where they can separate work and their family life, if you will.”

Social welfare organization Empower Missouri says removing the rule is a matter of local control and the state should stay out of the discussion. It is supportive of a witness protection program but says the component should be dealt with during a regular legislative session.

The plan would also require judges to consider whether youth should be tried as adults for crimes involving guns. St. Louis Public Safety Director Jimmie Edwards says since the Legislature’s 2017 passage of a bill allowing permitless gun carry, the number of juveniles carrying guns has climbed.

“A significant number of homicides have been committed by youngsters that are 18 and below,” says Edwards.

The American Civil Liberties Union says the legislation is another ramp for juveniles to be thrown into the criminal justice system and raises racial bias concerns.

The committee has not yet voted on Senate Bill 1. The full Senate returns next Wednesday.

Copyright © 2020 · Missourinet

Filed Under: Crime / Courts, Legislature, News Tagged With: American Civil Liberties Union, Empower Missouri, governor mike parson, Missouri legislature, Missouri Senate, Senator Doug Libla, St. Louis Police Captain Charles Lowe, St. Louis Police Chief John Hayden, St. Louis Public Safety Director Jimmie Edwards

Missouri schools scrambling to overhaul new sexual assault and discrimination regulations

July 13, 2020 By Alisa Nelson

The U.S. Department of Education has issued new regulations for the nation’s K-12 and most higher education schools to use when responding to sexual harassment and assault allegations. The changes fall under the federal Title IX law, which bans discrimination based on sex in education programs or activities getting federal financial aid.

Missouri schools scrambling to overhaul new sexual assault and discrimination regulations

The new rule, issued in May, begins August 14 – leaving many Missouri schools rushing to comply with the changes while they also figure out how to reopen schools in a COVID-19 world.

Key provisions of the new rule include:
• Defines sexual harassment to include sexual assault, dating violence, domestic violence, and stalking, as unlawful discrimination on the basis of sex
• Requires the school to offer survivors supportive measures, such as class or dorm reassignments or no-contact orders
• Protects K-12 students by requiring elementary and secondary schools to respond promptly when any school employee has notice of sexual harassment
• Holds colleges responsible for off-campus sexual harassment at houses owned or under the control of school-sanctioned fraternities and sororities
• Restores fairness on college and university campuses by upholding all students’ right to written notice of allegations, the right to an advisor, and the right to submit, cross-examine, and challenge evidence at a live hearing
• Shields survivors from having to come face-to-face with the accused during a hearing and from answering questions posed personally by the accused
• Requires schools to select one of two standards of evidence, the preponderance of the evidence standard or the clear and convincing evidence standard – and to apply the selected standard evenly to proceedings for all students and employees, including faculty
• Gives schools flexibility to use technology to conduct Title IX investigations and hearings remotely

Kelli Hopkins, associate executive director of the Missouri School Boards’ Association, tells Missourinet the rule very narrowly defines sexual harassment and takes on a more due process approach.

“You need four trained people in pretty much what I would call courtroom-level types of process,” Hopkins says. “And we’ve got school districts with two people in the central office.”

Hopkins says the changes are very complicated.

“Now there are a set of procedures and requirements about how to investigate, who investigates, and who decides whether they did something wrong and what the penalties can be and a whole slew of brand new ways to do things,” Hopkins says.

A coordinator is required to educate the rest of the group charged with Title IX duties. An investigator is required to examine the allegations. Another individual issues a decision in each case. If an appeal is made, another person must hear each appeal.

Under the new requirements, Hopkins says if one of the parties involved in a claim leaves the school for good, the school no longer has jurisdiction. Private and criminal lawsuits could still be filed.

According to Hopkins, the new rule only applies if the alleged events took place as part of the school’s programming or activities.

The American Civil Liberties Union has filed a lawsuit requesting a federal court to block the new requirements. The organization says by adopting a rule that subjects sexual harassment to different standards than other forms of harassment, the Trump administration is doing exactly what Title IX prohibits — discriminating on the basis of sex.

The ACLU opposes the provisions in the regulation that:
• Impose an unduly narrow definition of sexual harassment, one narrower than that used for racial harassment
• Allow colleges and universities to not investigate complaints of incidents that they reasonably should have known about
• Relieve schools of the obligation to investigate many instances of student-on-student harassment or assaults that occur off campus, even where they have continuing effects on campus
• Allow schools to adopt unreasonable responses to complaints and holding them responsible only if their actions are “deliberately indifferent”
• Allow schools to apply a clear and convincing evidence standard of proof

Hopkins says a claim also being made is that the regulations will make sexual assault almost impossible to prove and could serve as a deterrent for victims to file a complaint.
She says another ACLU argument is a federal law cannot be overturned with an administrative rule.

“What they (ACLU) are saying is what Congress created, they (U.S. Education Department) have now altered so significantly that the regulations are illegal,” says Hopkins. “I think they have a legitimate argument, especially for K-12.”

A press release from the U.S. Department of Education says the new requirements hold schools accountable for failure to respond equitably and promptly to sexual misconduct incidents and ensures a more reliable judgement process that is fair to all students.

“Too many students have lost access to their education because their school inadequately responded when a student filed a complaint of sexual harassment or sexual assault,” says U.S. Education Secretary Betsy DeVos. “This new regulation requires schools to act in meaningful ways to support survivors of sexual misconduct, without sacrificing important safeguards to ensure a fair and transparent process. We can and must continue to fight sexual misconduct in our nation’s schools, and this rule makes certain that fight continues.”

The release goes on to say the Obama administration denied students basic due process protections – leading to such cases frequently being overturned by the courts.

Copyright © 2020 · Missourinet

Filed Under: Crime / Courts, Education, Legislature, News, Politics / Govt Tagged With: American Civil Liberties Union, Kelli Hopkins, Missouri School Boards' Association, Title IX, U.S. Department of Education

Missouri Legislature gives final approval to absentee ballot legislation; photo ID requirement stripped out

May 15, 2020 By Brian Hauswirth

Absentee ballot legislation that expands voting by mail through the rest of 2020 is on its way to Missouri Governor Mike Parson’s desk, after receiving final approval from the House in Jefferson City on Friday evening.

State Rep. Dan Shaul, R-Imperial, speaks about absentee ballot legislation on the Missouri House floor in Jefferson City on May 15, 2020 (photo courtesy of Tim Bommel at House Communications)

The final House vote was 121-24, and came with about 30 minutes to spare before the mandatory 6 p.m. adjournment.

State Rep. Dan Shaul, R-Imperial, who chairs the Missouri House Elections and Elected Officials Committee, is the bill sponsor.

There are two but separate options under the Shaul bill.

The first expands absentee voting to those 65 and older, or who are vulnerable to COVID-19. Elderly people are considered at greater risk. Notarization is not required for those 65 and older or who are vulnerable.

The second option expands voting by mail for everyone, but requires notarization.

Missouri Secretary of State Jay Ashcroft, a Republican who campaigned on a platform of photo ID in 2016, tweeted his disappointment on Friday. He’s disappointed that the photo ID requirement was stripped out of the final bill.

But Secretary Ashcroft emphasized that his office will implement and follow the law.

The bill given final approval this evening also contains an emergency clause, which passed with bipartisan support. If Governor Parson signs it, it will be in effect for the August primary election.

House Speaker Elijah Haahr, R-Springfield, praises the bill, saying it is the result of compromise. Haahr tells Capitol reporters that the bill passed with bipartisan support, adding that it also faced criticism from lawmakers in both parties.

House Minority Leader Crystal Quade, D-Springfield, agrees it’s a compromise. She says the bill on the governor’s desk will allow many Missourians who are concerned about the health risks from crowded polling places to cast an absentee ballot or to vote by mail.

And the American Civil Liberties Union (ACLU) wants lawmakers to go further in the future. In a statement to Missourinet, the ACLU notes the measures approved by lawmakers will expire at the end of 2020.

“We are glad to see the Missouri Legislature act to expand the right to vote, we hope they will continue to do so in sessions to come,” the ACLU says, in the statement.

Copyright © 2020 · Missourinet

Filed Under: Elections, Health / Medicine, Legislature, News Tagged With: Absentee ballot legislation, American Civil Liberties Union, COVID-19, House Minority Leader Crystal Quade, House Speaker Elijah Haahr, Imperial, Missouri Governor Mike Parson, Missouri Secretary of State Jay Ashcroft, Springfield, State Rep. Dan Shaul, voting by mail

Missouri bill would notify parents of sexual orientation, gender identity school materials

February 26, 2020 By Alisa Nelson

State law could be changed to require that Missouri public school districts tell parents if class material, guest speakers, or displays in school mention sexual orientation or gender identity. The Missouri House Elementary and Secondary Education Committee is debating State Representative Chuck Basye’s bill that would let parents have their kids removed from class if they do not approve. Basye, R-Rocheport, says the bill is in response to a Columbia middle school Gay/Straight Alliance Club putting posters up without parents knowing.

State Rep. Chuck Basye speaks on the Missouri House floor in February 2018 (photo courtesy of Tim Bommel at House Communications)

“I think the parents have a right to know what is in front of their children in public schools,” says Basye. “That’s the intent of the bill, nothing more nothing less.”

Under the legislation, Missouri schools could be sued for violating the terms. Basye, the chairman of the committee, says concerns of parents “tend to fall on deaf ears”.

“A lot of people, a lot of parents feel that they’re not listened to, by whether it’s the school board, the administration, or what have you. That’s the design of the last part of this bill is to give this a little bit of teeth so parents can take action if they feel that they’re not being listened to or their child is subjected to something they don’t agree with,” says Basye.

Representative Raychel Proudie, D-Ferguson, says the measure treads on dangerous ground. She has served as a school teacher and counselor in public and charter schools in Missouri and elsewhere.

“I would argue there’s no better place for information or a learning place than a school setting,” says Proudie. “I don’t see any like nude pictures or questionable words as far of obscenities on here. So, I’m not really clear what the issue was with this. If I put ‘Jesus Saves’ up though, I could certainly see how my Jewish student would have an issue with that. I don’t take offense to your wanting to be involved in your child or your children’s education and the education of your community. But, I do insist that we’re not just talking about sex and sexuality but the actual worthiness and personhood of a group of individuals.”

Kansas City Democrat Judy Morgan, a retired school teacher, says teachers should be able to teach all students about some important historical figures, including LGBT individuals. She cites Harvey Milk, the first openly gay man to be elected to a public office in San Francisco, California. He served on the San Francisco Board of Supervisors for ten months before a former board member assassinated him.

“If any LGBT student or an ally is in that class, and they know that these students are being removed because you’re teaching about an openly gay politician, that’s going to stigmatize those kids,” Morgan says. “That’s going to hurt those kids.”

Columbia school parent Jay Atkins says there is space to have such conversations in a responsible way as educators and parents, but lines must be drawn to limit them to human sexuality curriculum.

“I think that it would be perfectly appropriate to teach about the history of Harvey Milk and the LGBT struggle for equal rights throughout the course of our country,” he says. “Where I think we’re starting to get into some grey waters is if the content of the Harvey Milk curriculum, or the Abraham Lincoln curriculum, or the George Washington curriculum, or the Harry S. Truman curriculum, if we start talking about what their preferred gender identity and sexuality was and how that impacted their health and well-being, I think that we’re in the realm of content governed under this statute.”

Another issue of contention is whether the measure infringes upon individual free speech.

“This is not only way too far reaching, but absolutely censorship of essentially livelihoods and existence at all,” says Jay-Marie Hill with the American Civil Liberties Union of Missouri.

Hill argues that the bill goes as far to make teachers responsible for what a guest speaker might say, possibly leading to termination if the potential law is broken.

The committee has not voted on House Bill 1565.

Copyright © 2020 · Missourinet

Filed Under: Education, Legislature, News Tagged With: American Civil Liberties Union, Harvey Milk, Jay Atkins, Jay-Marie Hill, Representative Chuck Basye, Representative Judy Morgan, Representative Raychel Proudie



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