Legislation

ACLU-NCA testifies on operation of new disorderly conduct law

February 05, 2012

On February 1, ACLU-NCA Senior Staff Attorney Fritz Mulhauser testified at a DC Council oversight hearing reviewing the implementation of the recently revised statute on disorderly conduct. Our  testimony focused on two problems of overzealous enforcement, involving the "incommoding" and "disrupting public gatherings" portions of the law.

ACLU-NCA opposes mandatory pretrial detention bill

February 05, 2012

On February 3, we opposed Bill 19-485, which would mandate pretrial detention or the use of an electronic monitoring device by any person accused of a crime involving a gun. We pointed out that the bill’s central purpose – removing from the courts the ability to tailor the conditions of pretrial release to fit the defendant – was at odds with the Eighth Amendment’s prohibition of excessive bail.

ACLU Warns DC Council (Again) Against Unconstitutional and Ineffective "Prostitution-Free Zones"

January 26, 2012

The ACLU testified January 24 to the D.C. Council on severe legal weaknesses of the current "prostitution-free zone" (PFZ) law and a new bill that would make them permanent.

Volunteer attorney Rob Gorman, testifying for the ACLU, warned the Council about such laws that make it a crime to loiter under “circumstances” where an officer suspects (but can't prove) that criminal activity may be afoot.

ACLU-NCA Testifies on Draft Registration Bill

December 05, 2011

On November 29, ACLU-NCA Legal Director Arthur Spitzer testified on D.C. Council Bill 19-330, the "Access to Selective Service Registration Amendment Act of 2011," which would change the word "may" to "shall" in the sentence that currently provides: "Men between 18 and 25 years of age, may register with the Selective Service when they obtain or renew their driver's license."

ACLU-NCA Testifies on Ethics Reform Bill

December 05, 2011

On November 30, ACLU-NCA Legal Director Arthur Spitzer testified before the D.C. Council Committee on Government Operations on the "Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011," calling attention to many due process, free speech, and privacy problems with the bill.

ACLU testifies on proposed bullying bill

November 07, 2011

In May 2011, the ACLU-NCA submitted written testimony on Bill 19-11, the Bullying and Intimidation Prevention Act of 2011. 

While recognizing that "the problem of bullying, especially in the District’s schools, is real and pervasive," and supporting "the enactment of a statute that carefully defines the problem and requires the District’s public schools, public charter schools, and other government agencies to address it vigorously," we pointed out that this bill, like the bills introduced in the previous Council session, had a variety of serious problems, includingan overly broad definition of "bullying" and other provisions that would violate the First Amendmrnt.  We emphasized that the "primary goal of [a] bill should be to prevent bullying, not just to punish it after it occurs, and the only effective way to accomplish that is through education and training."  We therefore urged the Council to focus on education and training in this area, rather than punishent.

As of November 7, 2011, bill has not moved foward.

A copy of our testimony on the Bullying and Intimidation Prevention Act of 2011 is here.

Metro's Riders Advisory Committee Says "No" to Bag Searches

January 07, 2011

The Riders Advisory Committee of Metro (RAC) --- the official citizens advisory group for Metro --- voted 16-1-1 for the Resolution which can be found at:

https://docs.google.com/viewer?a=v&pid=explorer&chrome=true&srcid=0B-GOGodwBibfZjY3ZDUwOTgtMjkwMi00ZGY0LTlkMzEtYWZmOGNlMTIyMzQx&hl=en

Big Day at the DC Council

December 08, 2010

At the DC Council’s penultimate meeting of the year, on December 7, 2010, the Council acted on five bills of ACLU interest, including major revisions to the antiquated and often-abused Disorderly Conduct laws and to the inadequate Open Meetings law. The Council also enacted a new "Anti-SLAPP" law making it easier to dismiss abusive lawsuits against citizen-activists, and a new Returning Citizen Public Employment Inclusion law that prohibits the DC government from asking about criminal convictions on employment applications (although it can ask later in the hiring process). Click "Full Story" below for links to our testimony on these bills.

DC Council Passes Three Bills of ACLU Interest

November 23, 2010

On Tuesday, November 23, the D.C. Council passed, on "first reading," three bills of interest to the ACLU.

Over our opposition, the Council passed Bill 18-63, the “Residential Tranquility Amendment Act of 2010,” which would make it a crime for three or more persons to conduct a completely peaceful, quiet, non-threatening demonstration in front of someone’s residence if the demonstration takes place at night, or if the demonstrators wear masks, or if they have not provided the police with advance notice of the demonstration. For more details, please read our letter to the Council on Bill 18-63.  We will try to have amendments introduced at second reading.

The Council also passed Bill 18-425, a comprehensive revision of the District's antiquated disorderly conduct laws. We strongly supported this bill, although we supported a few amendents that were not made.  Details are here.

The Council also passed Bill 18-893, the Anti-SLAPP Act.  A “SLAPP” is a “Strategic Lawsuit Against Public Participation” -- an abusive lawsuit filed for the purpose of deterring people from participating in public discussion and debate. We strongly supported this bill as well.  Details are here.

District's Disorderly Conduct Statutes Need Major Surgery

November 22, 2010

Since the Police Complaints Board published its 2003 study showing the police department's excessive use of the disorderly conduct statutes, the ACLU has championed their wholesale revision.  All too often, officers use them to punish "contempt of cop."  When the Council was unable to agree on a bill that incorporated our proposals, Phil Mendelson, Chairperson of the Committee on Public Safety and the Judiciary, asked the Council for Court Excellence to convene a task force to craft a proposal.  Ten months later, the task force on which we served produced its recommendations.