ACLU Idaho: Shades of conservatism

COEUR d’ALENE — Ask around town about the American Civil Liberties Union, and the average response is likely to be that it’s a left-wing group that protests a lot and gets in the way of good government.

“Yes, there’s that perception,” said Kathy Griesmyer, Idaho policy director for the ACLU. “But the truth is that what we do, and what we try to accomplish, actually aligns us with conservatives on many, many issues.

“Just like a lot of conservatives, we’re trying to protect the Constitution and the rights that it provides all Americans.

“We work with quite a few conservative legislators on plenty of individual issues.”

Griesmyer and ACLU staff members Betsaida Chavez Garcia and Anthony Lee met with The Press editorial board on Tuesday as part of their statewide tour to discuss the Idaho Legislature’s 2017 session — and share their feelings about what was accomplished.

And also what wasn’t.

Like many legislators, for instance, the ACLU opposed the actions of Gov. Butch Otter as he vetoed several bills late in the session — or after it had ended.

“It was a disappointment to see the veto of the civil asset forfeiture bill,” Griesmyer said. “That left in place a lot of ways that law enforcement can deny people their property rights.”

Griesmyer said the current law bucks constitutional freedoms in several ways.

“There’s the issue where merely the presence of cash on your person makes you a drug suspect,” she said. “We also want to see the law changed so people’s property is returned during court proceedings.

“And finally, there is the matter of an annual audit for each county to show how they’re using civil asset forfeiture. The actual results are all over the place, depending on the county, and that’s not right.”

Both the House and Senate unanimously passed a reform bill on forfeiture after consultation with law enforcement sources, but the governor vetoed it.

“That was a hit against the basic rights that everyone should have,” Griesmyer said. “And current law, as it stands, has the effect of presuming guilt rather than innocence — which is the opposite of what is guaranteed by the Constitution.”

All three ACLU staffers mentioned the need to protect “targeted” groups, such as minorities and members of the LBTGQ community — and mentioned that the administration of President Donald Trump already has seen far more people reaching out to the organization.

“Attorneys, community organizers and volunteers have come together around the issue of immigration, and how this administration is treating it,” Lee said.

“There are so-called ‘Citizenship Days’ during which we try to help people who don’t necessarily know how to go about obtaining citizenship. The (paperwork) explaining what to do is 20 pages long, and an application costs $725, so many people haven’t tried to do it.”

On the other side of that coin, Griesmyer noted Trump’s policies have made a lot of Americans uneasy.

“There is a fear of deportation raids, even though we haven’t seen it happen yet,” she said.

The ACLU delegation admitted maintaining its non-partisan status at a time when the new administration seems bent on “trampling some basic rights” can be difficult.

But no one wanted to single out Trump as a particular target.

“President (Barack) Obama was actually the deporter-in-chief,” Griesmyer said. “More people were forced out of the country during his administration than ever before, so it’s not like we just began to focus on these rights with the new administration.

“However, we have heard from more residents who are worried and wondering what to do since the (Trump) election.”

Chavez Garcia suggested education is critical for everyone who might be worried about being denied constitutional rights.

“There are presentations in the refugee community called ‘Know Your Rights,’” she said. “We want people to know what to do if they’re stopped, or bullied or harassed.

“Quite a few people don’t even know they can file a complaint, so educating them about their rights is really important.”

What about Idaho compared to ACLU work in other states? Does the conservative tilt make things more difficult?

“Like so many other things, it depends on the issue,” Griesmyer said. “If you’re talking about the LBGTQ community or women’s health rights, sure, we’re swimming upstream in Idaho.

“But on a lot of issues, we have common ground with legislators here and can be very productive in the area of basic constitutional rights.

“There are plenty of people here, including those in public office, who are trying to achieve the same things that we are.”