Current ABQ City Council Districts

ALBUQUERQUE, NM – Today, the American Civil Liberties Union (ACLU) of New Mexico filed a lawsuit in state district court, demanding that the City of Albuquerque reverse its decision to postpone redistricting until after the upcoming city council elections in October 2011. The City is constitutionally required to reapportion voting districts every 10 years following the release of federal census data to ensure equal representation among voters. 2010 census data shows that Albuquerque’s West Side experienced significant population growth, while other areas of the city remained stagnant or shrunk in population. By unlawfully postponing redistricting, the ACLU believes the Albuquerque City Council will dilute the voting power of residents on the West Side.

“At the heart of our democracy is the principle of ‘one person, one vote’,” said ACLU-NM Executive Director Peter Simonson. “When one city council district is grossly underrepresented, other areas of the city speak with a louder voice when it comes to making decisions about political leadership, bond proposals, and other important issues that affect us all. Failing to redistrict waters down the vote of citizens living in high-growth areas.”

The City of Albuquerque is divided into nine separate districts, each holding one seat on the city council. By law the boundaries of these districts must be drawn in such a way that each district is roughly equal in population. According to the latest census data, District 1 and District 5—both on the West Side—have 90,170 and 83,165 residents respectively. The remaining seven districts all have constituencies ranging in the low to mid-50,000 range.

For the past three decades following the release of new census data, the City of Albuquerque has moved swiftly to redistrict before the next city council election, ensuring that all areas of the city remained equally represented. This year, with full knowledge of the current major imbalance, the city chose to postpone redistricting until after the October 2011 city council election.

“The entire purpose of census data is to make sure that our government accurately represents who we are and the communities we live in,” said ACLU-NM cooperating attorney David Urias. “By ignoring the latest census data, the Albuquerque City Council devalues the votes of almost two-fifths of the city’s population.”

In its lawsuit on behalf of the more than 170,000 people currently living on the underrepresented West Side, the ACLU of New Mexico asks the court to prohibit the City Council of the City of Albuquerque from holding elections until they have completed redistricting as required under the Constitution.

Read a full copy of the complaint here: Redistricting Complaint

The attorneys on this case are ACLU-NM Managing Attorney Laura Schauer Ives, ACLU-NM Staff Attorney Alex Freedman Smith, ACLU-NM Co-Legal Director Matthew Garcia and ACLU-NM cooperating attorneys John Boyd and David Urias.

June 6, 2011

CONTACT: Micah McCoy, (505) 266-5915 or mmccoy@aclu-nm.org

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SPC Adam Jarrell in Afghanistan

ALBUQUERQUE, NM – Today the American Civil Liberties Union (ACLU) of New Mexico filed a racial discrimination complaint with the federal Office for Civil Rights, Department of Justice on behalf of Adam Jarrell, a decorated Specialist in the New Mexico Army National Guard. Jarrell, a member of the 920^th Engineering Unit, is the only African-American in his unit of approximately 216 soldiers. Jarrell alleges that while he was deployed in a combat zone in Afghanistan in 2009, other soldiers in his unit subjected him to racist comments and threats, culminating with an incident in which he found a noose hanging outside his barracks door. When he brought this misconduct to his commanding officers, they ignored the issue and in some cases explicitly condoned the offending soldiers’ behavior.

“No one should suffer the kind of racial hatred Specialist Jarrell experienced, least of all someone who is on the front lines of battle,” said ACLU-NM Executive Director Peter Simonson. “Our military is supposed to maintain a professional, disciplined fighting force. People’s lives depend on it. Racism and racially motivated threats have no place in our state’s National Guard units.”

SPC Jarrell alleges that the racially-motivated harassment began after he reported a non-commissioned officer for physically abusing two fellow subordinate soldiers. Breaking military rules, SPC Jarrell’s Captain disclosed to the offending non-commissioned officer that the misconduct report originated from Jarrell. From this point forward, Jarrell’s non-commissioned officers subjected him to threats of physical violence, increasingly harsh retaliations and racially-motivated harassment.

SPC Jarrell’s non-commissioned officers routinely referred to him in front of his fellow soldiers as “mayate,”  a Mexican-American slang derogatory term often thought of as the Spanish counterpart to the word “nigger.” On January 5, 2010, Jarrell returned to his barrack, which was solely occupied by him, and found a noose hanging outside his door. SPC Jarrell made multiple attempts to report this misconduct, but his superiors made no meaningful attempt to address this serious and pervasive problem. Instead, they attempted to justify use of the word “mayate” and joined the campaign of retaliation against SPC Jarrell, even attempting to medically discharge him for “bee allergies.”

“From day one, our trainers hammered home that our lives depended on the guy standing next to us,” said Jarrell. “How am I expected to entrust my life to a fellow soldier who hates me because of the color of my skin? How are we to accomplish our mission if unit cohesion is poisoned by racism? This is a serious problem, not just for me, but for the entire unit.”

His complaints reached even the NMANG commanding officer, Major General Kenny Montoya, but still nothing was done. Having exhausted all possible avenues, SPC Jarrell contacted the ACLU of New Mexico for assistance. The complaint demands that the Office for Civil Rights hold responsible those who subjected SPC Jarrell to offensive racist language, threats of physical assault, countless acts of retaliation and the horrific image of a noose hanging outside his sleeping quarters.

The full OCR complaint can be read here: National Guard OCR Complaint

SPC Adam Jarrell is represented by ACLU-NM Staff Attorney Leon F. Howard and ACLU-NM Managing Attorney Laura Schauer Ives.

FOR IMMEDIATE RELEASE

June 6, 2011

CONTACT: Micah McCoy, (505) 266-5915 x1003 or mmccoy@aclu-nm.org

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Sahaj Khalsa

ESPAÑOLA, NM – Today, the American Civil Liberties Union (ACLU) of New Mexico filed charges with the New Mexico Equal Employment Opportunity Commission (EEOC) against Española Hospital and Presbyterian Health Services for fostering a work environment rife with religious discrimination and failing to take reasonable measures to rectify the situation. Plaintiff Sahaj Khalsa, an adherent to the Sikh religion, alleges that while employed as a paramedic at Española Hospital, coworkers and hospital administration actively discriminated against Khalsa because of his religion, making disparaging remarks, threats and, in one incident, physically assaulting him.

He further alleges that hospital human resources staff made no meaningful attempt to curtail this religiously motivated harassment.

“Religious tolerance and accommodation are core American values,” said ACLU of New Mexico Managing Attorney Laura Schauer Ives. “Discriminating against an employee because of his or her faith is not just illegal; it’s wrong. It goes against everything we stand for as Americans.”

Sahaj Khalsa is a practicing Sikh, was born into the religion, and has maintained all of the tenets of the faith since birth. One of the tenets of Sikhism is maintaining uncut beards and hair, which is tied up in a turban.

Khalsa was employed by Presbyterian Health Services (PHS) as a Paramedic and Field Operations Supervisor for nine years from 2001 to 2010. During this time, Khalsa maintained an exemplary work record and provided excellent care to people in need. However, beginning in 2008 the working environment at Española Hospital became progressively hostile to Khalsa and other observant Sikh employees.

When Khalsa reported this discrimination to the hospital human resource office, they acknowledged the hostile work environment, but failed to discipline those responsible. Instead, hospital administration targeted Mr. Khalsa by suddenly implemented a no-beards policy in retaliation for his complaints, telling Khalsa he must either shave or lose his job. Khalsa suggested a reasonable compromise, offering to wear a larger respirator that would cover his facial hair while he administered aid, but this accommodation was refused without justification.

Hospital administration continued this pattern of discrimination and retaliation until Khalsa was forced to the conclusion that PHS had no intention of making reasonable accommodations for his sincerely-held religious beliefs as required by law. He also concluded that PHS had no interest in truly addressing the toxic environment of workplace discrimination. Having exhausted every reasonable option, Khalsa was forced to resign in December 2010.

“All I wanted was do my job helping people in my community get the urgent medical care they needed,” said Khalsa. “My Sikh religion did not prevent me from performing that job, but the prejudice of my supervisors did.”

The ACLU of New Mexico is demanding that Española Hospital and Presbyterian Health Services compensate the plaintiff for lost wages and emotional stress caused by the extraordinary religious discrimination he suffered at their hands.

Read Sahaj Khalsa’s full affidavit: Sahaj EEOC affidavit

CONTACT: Micah McCoy, (505) 266-5915 Ext. 1003 or mmccoy@aclu-nm.org

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ACLU Seeks Justice For Honorably Discharged Service Members In Ongoing Class Action Lawsuit

FOR IMMEDIATE RELEASE

May 10, 2011

CONTACT:

Robyn Shepherd, ACLU national, (212) 519-7829 or 549-2666; media@aclu.org

Micah McCoy, ACLU of New Mexico, (505) 266-5915 ext. 1003; mmccoy@aclu-nm.org

WASHINGTON – The Department of Justice (DOJ) today filed a motion to dismiss a class action lawsuit filed by the American Civil Liberties Union and the ACLU of New Mexico, which seeks full separation pay for service members who were honorably discharged but had their separation pay cut in half because of “homosexuality.” In the past six years, 142 honorably discharged veterans had their separation pay cut in half because of the discriminatory policy. The total amount of separation pay withheld from those veterans is approximately $2.1 million.

The lawsuit was filed in November 2010, before Congress repealed the “Don’t Ask, Don’t Tell” policy that barred gay or lesbian service members from the military. The lead plaintiff in the case is Richard Collins, a former staff sergeant in the Air Force who served for nine years until he was discharged under “Don’t Ask, Don’t Tell.” Collins was stationed at Cannon Air Force Base in New Mexico. In its response, the DOJ states that the half-separation pay policy applies not only to those who engage in “Homosexual Conduct,” but also those discharged from the military for drug and alcohol abuse or being deemed a national security risk.

The following can be attributed to Joshua Block, staff attorney with the ACLU Lesbian, Gay, Bisexual and Transgender Project:

“The government’s decision to contest these claims is baffling. These honorably discharged veterans were forced out of the military under the unconstitutional and discriminatory ‘Don’t Ask, Don’t Tell’ policy, which is in the process of being repealed. All that these veterans are asking for is to receive the same separation pay that any other honorably discharged veteran would have received. It is outrageous to equate these service members with those who were discharged for threats to national security and drug abuse. The government’s treatment of these veterans is shameful and adds insult to injury.”

The following can be attributed to Laura Ives, staff attorney with the ACLU of New Mexico:

“The Department of Justice’s action today is profoundly disappointing. The government must treat our veterans with the fairness and dignity they deserve, especially if those veterans were discharged from the armed forces under a policy that is in the process of being dismantled for being unconstitutional.”

For more information on the ACLU’s case, please visit: www.aclu.org/lgbt-rights/collins-v-united-states-class-action-military-separation-pay

To read the Department of Justice’s motion to dismiss: Collins Motion to Dismiss

LAS CRUCES, NM – While the ACLU of New Mexico Regional Center for Border Rights is encouraged by President Obama’s remarks Tuesday putting immigration reform back on the table, concerns remain with the administration’s continued emphasis on a costly, enforcement-only model.

Since 2003, border communities have witnessed a massive increase in federal law enforcement resources along the U.S.-Mexico border. There are now almost 10 border patrol agents per mile; thousands of other federal agents and members of the National Guard; 700 miles of fencing; and at least six drones patrolling our skies, costing taxpayers billions of dollars.

This rapid over-intensification of federal law enforcement resources has come with little accountability and oversight and has resulted in negative consequences for people who live along the border. The ACLU-NM Regional Center for Border Rights has received increasing reports of racial profiling and harassment, particularly of Hispanic community members—many of whom are U.S. citizens and have lived in the border region for generations.

In addition, the Center has received several reports of undocumented individuals who did not receive needed medical attention or adequate food or water while in the custody of immigration officials. Since May 2010, there have been at least seven migrants who have been seriously injured or died as the result of being shot, tasered or beaten by Border Patrol agents.

“Our national security, while critical, should never come at the expense of civil and human rights,” said Vicki Gaubeca, director of the ACLU-NM Regional Center for Border Rights. “At the very least, we need more transparency, accountability and oversight to prevent the border region from becoming a Constitution-free zone.”

In addition, President Obama needs to better account for the record-level deportations that have occurred during his term. In 2010, the United States deported nearly 400,000 people at a cost of $1.5 billion. According to the Department of Homeland Security statistics, almost 60 percent of the individuals who were deported committed were not criminals or committed minor offenses—which completely contradicts the administration’s emphasis on deporting “criminal aliens.”

“Initiatives like the so-called ‘Secure Communities’ program need to be suspended and assessed for their true effects,” adds Gaubeca. “Instead of going after serious criminals who may be a real threat to our communities, study after study confirms that these enforcement programs primarily target hard-working, honest individuals and tear families apart. We could save money and protect working families by finding a way for these individuals to become U.S. citizens, learn our language and pay taxes. Moving away from enforcement only models would even provide a much-need boost for our economy.”

“As a country, we need a serious reality check regarding our border enforcement policies and owe it to ourselves to find sensible solutions. Spending billions of dollars on a law-enforcement only model is wasteful and does nothing to fix the problem,” adds Gaubeca. “We need to step back and begin to truly address the larger issue of how we fix our country’s broken immigration system.”

CONTACT: Micah McCoy (505) 266-5915 Ext. 1003 or mmccoy@aclu-nm.org

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