ACLU of Maryland Legal Docket
The ACLU of Maryland legal docket features an array of cases touching on a wide range of civil liberties issues. The docket also reflects important themes. First, the ACLU of Maryland has been increasingly called upon to defend important federal civil rights laws, like the Americans with Disabilities Act, from challenges by courts increasingly hostile to enforcing the protections of federal law. Second, the ACLU is resolving legal issues with legislative remedies, bringing advocates, activists, and others together to effect social change. With actions ranging from a single phone call to complex litigation, the ACLU is bringing the force and intent of the U.S. Constitution, the Bill of Rights, and the Maryland Declaration of Rights to life for all Marylanders.
Case names are in italics. Pro bono law firms are listed in parentheses.
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FREE SPEECH
Videotaping Traffic Stop
Victory! Defended motorcyclist, Anthony Graber, who was charged with wiretapping for videotaping police during a traffic stop and posting the video and audio to YouTube.
State v. Graber (Schulman, Treem, Kaminkow, Gilden & Ravenell, PA; Crowell & Moring)
Press Release: http://www.aclu-md.org/aPress/Press2010/092710_Graber.html
Factsheet: http://www.aclu-md.org/aPress/Press2010/Graber_Factsheet.pdf
Political Spying
Victory! Exposed the widespread surveillance of peaceful political groups and dissemination of records by the Maryland State Police.
AFSC v. MSP (Reed Smith LLP)
Learn more: http://www.aclu-md.org/Index%20content/NoSpying/NoSpying.html
Registering Voters
Victory! Supported the right of community organizers to register voters on MTA property.
Association of Community Organizations for Reform Now v. Maryland Transit Administration (Crowell & Moring)
2007 Press Release: http://www.aclu-md.org/aPress/011007_MTA.html
2008 Press Release: http://www.aclu-md.org/aPress/Press2008/060208_MTA.html
Photos in Public Places
Defending free speech right to take photos on Maryland Transit Administration property. (Dickstein Shapiro LLP)
Protest in the Public Square
Challenging the rules governing free speech activities in Inner Harbor on behalf of the Women in Black.
Cunningham v. Flowers (Buc & Beardsley)
Offensive Speech
Supporting the right of group with extreme viewpoint to protest on public sidewalks outside of buffer zones around funerals.
Snyder v. Westboro (Dickstein Shapiro LLP)
News Article: http://www.aclu-md.org/aPress/News%202006/031106_Sun.html
News Article: http://www.aclu-md.org/aPress/News%202006/032406.html
Telling the Future
Victory! Defended basic free speech rights in challenging a local fortune telling ban.
Nefedro v. Montgomery County (Amourgis Edwards Phillips, PC)
Legal Argument: http://www.aclu-md.org/aPress/Press2009/NefedroMoCo.pdf
Press Release: http://www.aclu-md.org/aPress/Press2010/061010_Nefedro.html
Press Release: http://www.aclu-md.org/aPress/Press2009/070909_Fortuneteller.html
Political Lawns
Victory! Successfully challenged the application of the "no electioneering" zone on personal property that happens to be within 100 feet of a polling place entrance.
Report: http://www.aclu-md.org/aLegislative/Docs/2008_EP_Report.pdf
Letter to SBE: http://www.aclu-md.org/aPress/Attachments/Thompsonletter.pdf
Campaign Signs in Public Parks
Victory! Challenged the Maryland-National Capital Park and Planning Commission’s rule prohibiting persons from “carrying signs” on Commission property without a permit, and the rule that requires a permit for “solicitation of contributions, signatures, or moneys.”
Ficker v. Maryland-National Capital Park and Planning Commission
Press Release: http://www.aclu-md.org/aPress/Press2009/102109_Parks.html
Conscientious Objector
Supporting Mr. Kenai in his challenge to the Army's rejection of his conscientious objection claim based on his nontraditional religious beliefs.
Kanai v. McHugh (Dwight Sullivan; Gallagher Evelius & Jones LLP; Deborah H. Karpatkin)
Pledge of Allegiance
Victory! Defended a thirteen-year-old girl who was disciplined for choosing to neither to stand nor to speak during the daily recitation of the Pledge of Allegiance at a Montgomery County middle school. Instead, she sat quietly while students recited the Pledge.
Press Release: http://www.aclu-md.org/aPress/Press2010/022309_Pledge.html
Boardwalk Performers
Victory! Challenged an unconstitutional amplification ban targeting Boardwalk performers in Ocean City.
Press Release: http://www.aclu-md.org/aPress/Press2009/071509_OC_Victory.html
RELIGIOUS FREEDOM
EMT’s Religious Rights
Supporting the religious rights of three orthodox EMTs at the Pikesville Volunteer Fire Department prohibited from volunteering because they have religiously significant beards. (Hogan Lovells)
Press Release: http://www.aclu-md.org/aPress/Press2009/111009_PVFD.html
Foster Care
Advocating for a Muslim woman who was denied a license to be a foster care parent because she wouldn't allow pork products in her home for religious reasons.
(Skadden)
Letter to BCCRC: http://www.aclu-md.org/aPress/Press2010/Crudup_Letter.pdf
Press Release: http://www.aclu-md.org/aPress/Press2010/041410_Foster_Care.html
OLM Letter to CFS: http://www.aclu-md.org/aPress/Press2010/050310_Foster_Care_Denial_Letter.pdf
MARRIAGE EQUALITY
Marriage Recognition
Victory! Advocated for recognition of out-of-state same-sex marriages that were valid where contracted.
FAQ: http://www.aclu-md.org/aPress/Press2010/2010_FAQ_Marriage_Recognition.pdf
Press Release: http://www.aclu-md.org/aPress/Press2010/030810_AG_Opinion.html
AG Legal Opinion: http://www.aclu-md.org/aPress/Press2010/Marriage_opinion.pdf
DISABILITY RIGHTS
Discrimination Against Drug Treatment Clinic
Victory! Defended a methadone clinic to be free from discrimination in the county's zoning laws, in accordance with the Americans with Disabilities Act.
Helping Hand v. Baltimore Co. (Troutman Sanders LLP; and Wiley Rein LLP)
Press Release: http://www.aclu-md.org/aPress/Press%202006/080806_HelpingHand.html
Ill and Disabled Inmates
Victory (in part)! Protecting Maryland’s disabled inmates, where prison policies and practices allow for dangerous conditions. An arcane policy was changed that denied surgery to inmates with hernias, and we advocated for shower safety equipment for amputees.
FAIR HOUSING
Banning of Family Members
Victory! Challenged the banning of residents' family members and guests in public housing on grounds of prior arrests, whether or not charges were sustained, with no meaningful way of asking to be removed from the banned list.
Sharps v. Housing Authority for the City of Annapolis (Orrick, Herrington & Sutcliffe LLP)
Press Release: http://www.aclu-md.org/aPress/Press2009/081209_HACA.html
Learn more: http://www.aclu.org/womens-rights/sharps-v-housing-authority-city-annapolis
Race Segregation
Challenging race segregation in public housing in Baltimore City and implementing regional affordable housing program.
Thompson v. HUD (Jenner & Block LLP; Crowell & Moring; Morgan, Lewis & Bockius; and Brown Goldstein Levy, LLP)
Learn more: http://www.aclu-md.org/top-issues/Fair_housing.html
Adult Curfews
Victory! Successfully challenged unconstitutional policies at an apartment complex in Annapolis, which included an adult curfew and a banning policy.
OPEN GOVERNMENT AND PRIVACY RIGHTS
Inmate Public Information Rights
Upholding the rights of inmates to obtain information using the Maryland Public Information Act.
Massey v. Galley
Press Release: http://www.aclu-md.org/aPress/Press%202006/051106_Massey.html
Cell Phone Tracking
Seeking data from the U.S. Attorneys’ Office concerning prosecutors’ warrantless demands for cell phone location data from cell phone providers.
Learn more: http://www.aclu.org/free-speech/aclu-and-eff-sue-justice-department-uncover-records-cell-phone-tracking
Racial Slur by Trooper
Representing a Somerset County woman who filed a compliant against a state police officer who left a racial slur on her voicemail, and who has been refused the investigatory file from the Maryland State Police.
Dashiell v. Maryland State Police (Dickstein Shapiro LLP)
Press Release: http://www.aclu-md.org/aPress/Press2010/030210_MSP_Slur.html
YOUTH RIGHTS
Right to an Adequate Education
Upholding constitutional right to adequate education in Baltimore City and for disadvantaged public school students throughout the state.
Bradford v. MSBE (Howrey LLP)
Information: http://www.aclu-md.org/top-issues/Education%20Reform/Bradford.html
Girls in Detention
Advocating for incarcerated girls, who endure unsafe conditions, lack of education & poor services in detention facilities. Released a report called "Caged Birds Sing".
Press Release: http://www.aclu-md.org/aPress/Press2010/031110_Waxter.html
Report: http://www.aclu-md.org/aPress/Press2010/Caged_Birds_Sing.pdf
Harford Schools Internet Censorship
Victory! Supported Harford County students and teachers in a challenge to a discriminatory Internet filter that blocked lesbian, gay, bisexual, and transgender (LGBT) informational websites.
(Brown, Goldstein & Levy)
Press Release: http://www.aclu-md.org/aPress/Press2010/HarfordCountySchoolCensoring.html
More School Internet Censorship
Surveying school districts across the state about the use of Internet filters and censors.
Prince George’s County Board Prayer
Encouraging the Prince George’s County school board to stop its regular board prayer at the beginning of each meeting, which violates the First Amendment.
RACIAL JUSTICE
Somerset County Employment Report
Revealing racial disparities in employment by the government in Somerset County, and advocating for reform.
Report: http://www.aclu-md.org/aPress/Press2009/FinalReportwApp.pdf
Press Release: http://www.aclu-md.org/aPress/Press2010/032410_Somerset.html
County Employment Audits
Surveying all counties in Maryland for their employment statistics.
Investigating FBI Data
Collecting records from the FBI related to the agency’s collection and use of race and ethnicity data in local communities.
Press Release: http://www.aclu-md.org/aPress/Press2010/072710_FOIA.html
VOTING RIGHTS
Prisoners of the Census
Victory! The No Representation Without Population Act bill was signed into law, meaning prison inmates must now be considered residents of their home county for purposes of redistricting.
Press Release: http://www.aclu-md.org/aPress/Press2010/022210_Somerset.html
Press Release: http://www.aclu-md.org/aPress/Press2010/041310_Census.html
ACLU of Maryland’s Election Protection Campaign
Every election, we reach out to voters in all corners of the state, distribute Maryland Voter Empowerment Cards, resolve numerous problems before and on Election Day, monitor polling sites, and make recommendations for legislative and administration reforms.
Press Release: http://www.aclu-md.org/aPress/Press2009/021209_EP.html
POLICE PRACTICES
Material Witness Statute
Opposing detention of witnesses without court order and counsel.
(Covington & Burling LLP)
Wrongful Arrest Policy
Victory! Challenged wrongful arrest and strip-search policy at central booking. Achieved a comprehensive settlement agreement with huge policy changes, an independent auditor and more.
NAACP v. BCPD (Gibson, Dunn & Crutcher)
Press Release: http://www.aclu-md.org/aPress/Press2010/062310_Illegal_Arrests.html
Trooper Racial Profiling
Victory! Successfully challenged racial profiling by Maryland State Police on Interstate 95, which resulted in a comprehensive settlement agreement.
NAACP v. MSP (Hogan & Hartson)
Press Release: http://www.aclu-md.org/aPress/Press2008/040208_DWB.html
Radio Interview: http://stream.publicbroadcasting.net/production/mp3/wypr/local-wypr-694197.mp3
Public Information Act Challenge
Challenging Maryland State Police Department’s refusal to release documents related to the NAACP v. MSP racial profiling lawsuit settlement agreement.
NAACP v. MSP (Venable LLP)
Press Release: http://www.aclu-md.org/aPress/Press2010/020210_MPIA.html
Education for Expelled Students
Working to ensure that students who are permanently expelled have access to an alternative education.
Learn more: http://www.aclu-md.org/top-issues/Education%20Reform/Documents/ACLU_testimony_suspensions.pdf
CRIMINAL JUSTICE AND THE RIGHTS OF INMATES
Due Process
Defending the rights of criminal defendants to confront and cross-examine the State’s witnesses whose testimony will establish a fact against the defendant.
Derr v. State of Maryland (Skadden, Arps, Slate, Meagher & Flom LLP; and Dwight Sullivan)
Prison Conditions
Victory! Challenging high temperatures and deplorable conditions in Baltimore City Detention Center.
Duvall v. Glendening
Press Release: http://www.aclu-md.org/aPress/Press2009/081809_Duvall.html
Prisoners’ Medical Rights
Victory! Supported the rights of competent prisoners to refuse medical treatment.
Stouffer v. Reid
Religious Diets in Jail
Victory! Protected the religious rights of a Muslim inmate who requested (and was denied) the kosher meal option, which was offered to other inmates and respected the dietary laws of his faith.