Litigation

Current Litigation

Oregon Anti-Bush Protesters Granted Class Status in ACLU Suit

Click Here to Read an Important Notice for People Involved in the 2004 Jacksonville Demonstration

Jacksonville Protesters’ Case Moves Forward After a Disappointing Supreme Court Ruling

November 30, 2015 - A group of protesters in southern Oregon, who are suing local police for excessive force and unlawful arrest, have been granted class action status for some of the claims in their lawsuit. The protesters, who in 2004 were ordered to leave an area where then-president George W. Bush was having dinner in Jacksonville, Oregon, have fought for years to have their claims heard in court.

In October 2004, U.S. Secret Service agents directed state and local police in Jacksonville to move an anti-Bush picket line of more than 250 peaceful demonstrators while allowing a group of pro-Bush demonstrators to remain in the same area undisturbed. The police effort turned violent as the officers clad in riot gear used batons, "less-lethal" munitions, and chemical agents to move the multigenerational group of anti-Bush demonstrators. The ACLU of Oregon filed a federal lawsuit against the Secret Service as well as state and local police agencies, and the individual agents and officers, seeking damages and an injunction against such governmental abuse in the future.

“The police took things too far when they pushed protesters and used pepper spray and batons on the group that included families with young children,”  said Steven Wilker, a lawyer with the Portland-based Tonkon Torp law firm who represents the protestors pro bono on behalf of the ACLU of Oregon.

The protesters have yet to have their case heard in court because the Secret Service, claiming qualified immunity, moved to have the case against them dismissed.

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Speech, Trademark, and Rock & Roll

UPDATE (9/29/16): The United States Supreme Court has announced it will hear the case to decide if The Slants have the First Amendment Right to use their name.

The Slants Band photoOctober 1, 2015 - Lawyers from the ACLU of Oregon and the ACLU filed an amicus brief with the Federal Circuit in support of an Asian-American band appealing the denial of a trademark for their name, “The Slants.”

Founded in 2006, The Slants are a household name in the Portland rock scene. Self-labeled the world’s only “Chinatown dance rock band,” the Asian heritage of its four members influences their music, lyrics, and image. The bandmates chose to name themselves The Slants as a reference to their perspective (or ‘slant’) on life as people of color. Additionally, it would help re-appropriate a racially-charged term and remove its derogatory sting. Simon Shiao Tam, the band’s founder and bassist, applied to register the band’s name as a federally recognized trademark. The U.S. Patent and Trademark Office (PTO) denied The Slants application pursuant to federal law thatgives the PTO the authority to reject trademarks it deems disparaging.

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Gresham Cop Snatches Phone From Observer During Live Broadcast

Police Violated Free Speech and Free Press Rights During Unlawful Search and Detention of Livestreamer

February 11, 2015 - Carrie Medina firmly believes that police should always act as they would if they knew there was a camera on them. She made it a point to film police encounters she witnessed.

In February 2013, while riding the bus home from work, she heard someone exclaim, “Ooh, that must’ve hurt!” and looked outside to see two police officers arresting a young man. She got off the bus to observe the police activity and started a livestream video with her phone. Watch the video.

Medina was no stranger to livestreaming. She got her start during the Occupy Portland protests and had soon gathered a group of dedicated viewers. With donations from her supporters to help cover expenses, she had also traveled to protests in D.C. and Chicago to livestream video.

“Livestreamers” have played an important role in recent protests both by attracting large audiences in real time and also by capturing moments that can go “viral” afterwards. For example, over 750,000 viewers tuned in live to see the violent eviction of the Occupy Wall Street protestors. And recently in Ferguson, Missouri, livestreaming journalists shared video of the militarized police response toward protestors that shocked the nation.

By the time Carrie Medina was off the bus and in place to video, the young man being arrested was already in handcuffs. She stood several yards away broadcasting and narrating the events. She started to feel that the police were paying her a lot of attention and she backed even further away. That’s when Officer Letsis walked up to her and asked to see her video.

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National Organization for Marriage Appeal for Intervention Dismissed!

The Ninth Circuit Court of Appeals dismisses the National Organization for Marriage’s ("NOM") appeal for intervention in Geiger vs. Kitzhaber and Rummell vs. Kitzhaber

August 27, 2014 - On May 19, Judge Michael McShane struck down Oregon’s laws excluding same-sex couples from marriage. NOM had sought to intervene in that case, which Judge McShane denied. NOM then tried to appeal that decision to the Ninth Circuit Court of Appeals. Today’s decision dismissing NOM’s appeal confirms that NOM has no standing to participate in the case.

“In the past year there have been more than 30 court rulings overturning state bans on marriage between same-sex couples,” said David Fidanque, Executive Director of the ACLU of Oregon. “The legal consensus is clear that these bans are unconstitutional. Marriage is a fundamental freedom, and freedom means freedom for everyone.”

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Court Rules No Fly List Process Is Unconstitutional and Must Be Reformed

Court Orders Government to Give Plaintiffs in ACLU Lawsuit a Chance to Clear Their Names

June 24, 2014 – In a landmark ruling, a federal judge struck down as unconstitutional the government’s procedures for people on the No Fly List to challenge their inclusion. The decision came in an American Civil Liberties Union lawsuit brought on behalf of 13 Americans who found themselves on the list without any notice, reasons, or meaningful way to get off it. 

The judge ordered the government to create a new process that remedies these shortcomings, calling the current process “wholly ineffective” and a violation of the Fifth Amendment's guarantee of due process. The ruling also granted a key request in the lawsuit, ordering the government to tell the ACLU’s clients why they are on the No Fly List and give them the opportunity to challenge their inclusion on the list before the judge. 

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Court Rules Warrant Is Required to Access Drug Prescription Database

Oregon PDMP v. U.S. DEA

RxFebruary 11, 2014 - Portland - For the first time, a federal judge has ruled that patients have a reasonable expectation of privacy in their drug prescription records, and that law enforcement must obtain a warrant in order to search such information. The American Civil Liberties Union and the ACLU of Oregon represented a group of Oregon patients and a physician in the lawsuit against the Drug Enforcement Administration.

“This is a victory for privacy and for the constitutional rights of anyone who ever gets drug prescriptions,” said ACLU Staff Attorney Nathan Freed Wessler, who argued the case last month. “The ruling recognizes that confidential medical records are entitled to the full protection of the Fourth Amendment. The court rightly rejected the government’s extreme argument that patients give up their privacy rights by receiving medical treatment from doctors and pharmacists.”

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Portland Airport Runs Anti-Clearcut Ad After ACLU Court Victory

Judge had denied Port of Portland’s request to stay decision that Port violated Oregon Constitution when it refused ad because of its content

January 1, 2014 –An anti-clearcutting ad began running at the Portland airport on New Year’s Day following a Multnomah County Circuit Court refusal to issue a stay on its earlier decision that the Port of Portland had violated the free speech rights of a coalition of conservation organizations when it refused to run the ad.

The rulings came in a lawsuit brought by the ACLU Foundation of Oregon which was handled by ACLU volunteer cooperating attorney Tom Christ. The initial Multnomah County Circuit Court ruling on December 13 held that the Port, which manages the airport, had violated the Oregon Constitution’s free expression protections when it rejected the ad because it dealt with a “political” issue.

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Scappoose School District Withdraws Policy and Settles ACLU Lawsuit

June 17, 2014 – The ACLU of Oregon announced today that it has settled a lawsuit against the Scappoose School District on behalf of a high school student and her mother over a policy that had prohibited any communications about the school’s dance team by team members or their families.

Under the terms of the settlement, the district agreed that its social media policy had violated the free speech rights of students and their parents. In response to the ACLU’s lawsuit, the school district withdrew the policy in January and worked with the ACLU to finalize an appropriate settlement that included a written apology sent in a recent newsletter to the school community.

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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.

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Karuk Tribe v. Trimet

Judge Rules Against TriMet in Free Speech Case

TriMet's refusal to accept a bus ad involving salmon and dams violates constitutional free speech protections.

UPDATE: July 2009 – TriMet has appealed to the Oregon Court of Appeals. The parties have fully briefed the matter and are awaiting an oral argument date from the court.

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