Racial Justice

Slavery was included in the original U.S. Constitution. It took more than 75 years after the Constitution was adopted and a bloody civil war before civil rights amendments were added to the Bill of Rights. It would take another hundred years before laws were passed outlawing racial discrimination in employment, housing, public education, accommodations and voting. Despite enormous progress, the promise of fair and equal treatment for people of color remains elusive.

Too many of our schools are as segregated and profoundly unequal as they were when the U.S. Supreme Court declared segregated schools unconstitutional in its Brown v. Board of Education decision of 1954. Students of color are disproportionately disciplined in school and disproportionately represented in the juvenile justice system. The war on crime and drugs has excessively targeted people of color for arrest, prosecution and long, mandatory prison sentences. Voting districts created to provide fair representation have been undermined by lawmakers and by the courts. Felony disenfranchisement laws and other concerted efforts to prevent people of color from voting have robbed hundreds of thousands of minorities of their right to vote. Segregation and discrimination in housing opportunities still exist, and a backlash against affirmative action in employment and education is slamming the door of opportunity in the faces of many who are most deserving. Anti-immigrant laws have stripped away basic civil rights for many of the nation’s ethnic minorities.

The ACLU of Oregon’s racial justice work cuts across many areas, including criminal justice, education, free speech, immigrants’ rights, national security, police practices and religious freedom. More than ten years ago, the ACLU was instrumental in having the Oregon State Police review its stop data and address its practice of stopping and searching people of color more often, and less successfully, than whites.

In recent years, the ACLU of Oregon has partnered with several racial justice organizations in an effort to broaden its outreach to communities of color and to help ensure that the civil liberties of all peoples are upheld and protected.

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Litigation

ACLU Challenges Multnomah County Sheriff's Office for Unlawful Imprisonment

September 5, 2012 - The ACLU Foundation of Oregon filed a lawsuit today against the Multnomah County Sheriff’s Office for unlawfully detaining a Portland resident at the request of federal immigration officers despite a judge’s order releasing him on his state charges.

The ACLU’s lawsuit claims the Sheriff’s detention policy on immigration-related requests violates Oregon law – which prohibits the use of state and local resources to detain people suspected only of violating civil immigration restrictions – and the Oregon Constitution.

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Judge Overturns Anti-Immigrant Measure

Measure 5-190 Exceeded Columbia County Jurisdiction and Violates Federal Law

UPDATE: July 2009 – The court entered the ACLU’s proposed summary judgment order and general judgment on May 28, 2009.

April 13, 2009, St. Helens - A Columbia County judge today overturned an anti-immigrant ballot measure approved last fall because it conflicts with federal immigration law and would have required the county to take enforcement actions beyond its authority.

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Other

ACLU Report: Oregon’s School-to-Prison Pipeline Update

June 13, 2013 – The ACLU Foundation of Oregon issued a follow-up report confirming that many students of color in Oregon public schools continue to be more frequently expelled or suspended than their white peers.

The ACLU report, based on 2011-12 data reported by school districts to the Oregon Department of Education (ODE), indicates that the statewide disparity is most dramatic for African-American students. For example, African-American students represent 2.5% of the student population statewide, but received 6.5% of all out-of-school suspensions.

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Marijuana Arrests and Citations on the Rise in Oregon

June 5, 2013 - A report issued this week by the National ACLU, based on state crime reports provided to the FBI, shows that Oregon law enforcement agencies increased the rate of citations and arrests for possession of marijuana by 45% between 2001 and 2010. Oregon’s increase was the fifth highest in the country during that period. Nationwide, African-Americans were 3.7 times more likely to be arrested for possession of marijuana than Whites despite comparable usage rates.

Analysis by the ACLU of Oregon of data made available by the Oregon State Police, shows that 90% of the marijuana possession incidents in 2010 involved less than 1 ounce of marijuana, which is punishable as a violation under state law and does not lead to arrest or jail time. That same data shows that Lane County reported the highest number of marijuana enforcement actions in 2010 with 16.7% of all marijuana possession citations and arrests statewide. Jackson County was second with 13.2%, Multnomah County was third with 8.32%, and Marion County was fourth with 7.0% of the statewide total for marijuana possession citations and arrests.

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