My name is Ana, my mother’s name is Ana, and her mother’s name is Ana. 
 
In March, as TriMet officers stopped all riders exiting the MAX in Old Town around 1:30 on a Tuesday afternoon, I was arrested, handcuffed, and jailed, because officers said I lied about who I was. Prosecutors, who could have closed the book on this traumatizing incident weeks ago, are continuing to go after me in criminal court because I told the police the only name I’ve gone by my entire life.
 
Let me tell you the story of that name – Ana. 
 
It’s common in Latin America for firstborn daughters to carry the name of their mothers, and the same goes for sons named after their fathers.
 
If I had been born in Latin America, my name would have been Ana del Rocío Valderrama Mujica. “Mujica” is my mother’s maiden name.
 
When my mother was pregnant with me, she wanted to follow this tradition while also giving me a name that represented something new. She chose “Ana del Rocío,” which means “Ana of the morning dew.” A fresh start. I would be, after all, the first person in my family to be born on U.S. soil.
 
As it turns out, I was born two months prematurely — on August 30, 1986. This happened also to be the day of the patron saint of Lima, Perú, the place of my mother and her mother’s birth. Santa Rosa de Lima. It was also the birthday of my father’s sister, Giovanna. My biological father, without requesting my mother’s permission, unilaterally entered the name in my birth certificate as Rosa Giovanna Valderrama. 
 
My mother was unaware of this change until she returned to the hospital for my vaccines. She told the receptionist that my name was “Ana.” My mother was told that there was no record of a baby born by that name on August 30, 1986.
 
Unsurprisingly, my parents’ marriage did not work out. Not only did their union end in divorce, but it was also marred by domestic violence, abuse, fear, and terror. My father is a dangerous man that has caused unspeakable harm to his family. To have had a name that he chose for me be publicly used to refer to me by TriMet and others without my permission, has been a deep source of pain, grief, and trauma for me and my family.
 
My mother and the rest of my family have always called me Ana or Anita. I found out that my legal name was not Ana when I was in high school and needed a passport to participate in a study abroad program. To change a minor’s name in California, both parents’ permission is required. Reaching out to him for permission was not only dangerous, but also not feasible as he had fled the country.
 
After college I began a treatment program with a therapist, who counseled me through the years of childhood trauma and abuse. With her guidance, I began to drop the use of “Valderrama” as my last name — reclaiming my power and agency over my identity. It hasn’t been a seamless transition, and many of my documents retain my legal last name, but it has been my intention for quite some time to legally change my name when I am ready.
 
My name is Ana del Rocío, it always has been and it always will be. My name does not conform to the Anglo convention of First, Middle, Last… but that’s not a crime. My name is as beautiful as my mother, my ancestors, and my culture. It is sacred, and I require that it be spelled, pronounced, and used correctly. I will not let police or prosecutors tell me any differently, and that’s why I’m so passionate about defending myself against this charge.
 
***
 
Also Read: "'What's Your Name? Ana del Rocío's TriMet Nightmare" by ACLU of Oregon Legal Director Mat dos Santos. 
 

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Friday, April 27, 2018 - 4:45pm

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Last month, TriMet police stopped all riders exiting a train at the Old Town/Chinatown MAX stop and required the passengers to provide proof of payment. Police officers created a checkpoint to catch people who failed to pay TriMet’s rider fee. While TriMet police may catch some passengers without proof of fare, the majority of people stopped are stopped for no legitimate law enforcement reason. 
 
We are getting involved in Ana’s case because we believe her rights were violated, as well as those of everyone else who is subject to random shakedowns from police under the guise of TriMet enforcement. Suspicionless fare checkpoints are similar to sobriety checkpoints that the Oregon Supreme Court deemed unconstitutional in 1987. These dragnet searches violate the rights of all people who are stopped, whether or not they have proof of fare. 
 
In most cases, failure to show proof of fare results in a citation and fine. But when Ana was stopped, she was harassed, arrested, and booked into jail. Because Trimet police thought Ana was copping an attitude when she asserted her right under Oregon law to not provide an ID when requested, they then accused her of lying to them when they couldn’t find the name she provided.
 
TriMet was probably embarrassed when they learned they arrested Ana, a well-known elected official, for using the name she uses in public, not the name on her birth certificate. But instead of apologizing and dropping the matter, TriMet issued a troubling statement that omits important information and mis-names Ana throughout.
 
When state officials engage in aggressive and ill-informed tactics, it increases the already disparate impact of over-policing and over-prosecution on communities of color. Members of Latinx communities are not the only group of people vulnerable to such abuse. It is also common for transgender or gender nonconforming people to have names that might not match the exact name on their state-issued identification. It is wrong that our justice system would label that as criminal behavior.
 
Ana’s name is Ana, and her name is well known. She is a community leader and has enjoyed a successful political career. A name that only a handful of people know is Rosa Valderrama. For good reason: this name, assigned to Ana at birth, is a painful reminder of a dark time in Ana’s early life. Her legal name has not yet been changed to match the name she uses throughout her life: Ana del Rocío. But that is not a crime. In fact, it happens all the time. My legal name is Mathew, but when asked, I usually say it is Mat. My family all know me by the name Mateus, the name I grew up with in Portugal, and was used on some state issued documents in Portugal. If I gave any of these names to a police officer, I would not be lying to that officer. Under TriMet and the DA’s theory of this case, I would be committing a crime if I provided any name other than Mathew. That can’t be right. But even more problematic would be that every trans person who used their name instead of the name they were assigned at birth would be committing a crime.
 
Unfortunately, prosecutors are doubling down on their charges against Ana. While the fare evasion charge was dropped, they are now charging her with giving false information to a peace officer in connection with a citation or warrant, a class A misdemeanor. And her case is being handled by a senior prosecutor who prosecutes aggravated murder cases. Why is so much of our state power and limited financial resources being used to prosecute Ana? 
 
It is not too late for the prosecutors to use their discretion and resources wisely and drop the charges against Ana. By not doing so, they are sending a message to the community: If you are an outspoken person of color, you will face the full force of the government for any mistakes you make or are perceived to have made. And let’s not lose sight that this all started over a $2.50 fare.
 
TriMet fare enforcement seems to target stops in low-income neighborhoods and neighborhoods where people go to get social services, such as the Old Town/Chinatown stop where Ana was surrounded by officers. The transit agency piles on fines and fees to the people who can least afford them. While Ana’s case has attracted significant media attention, the vast majority of these cases go unnoticed by the public. It is long past time that TriMet be held accountable for its actions. For years, the community has organized through OPAL, to change these aggressive tactics. The ACLU of Oregon and Ana hope that by adding our voices to this fight, we can lift up their important work. 
***
 

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Friday, April 27, 2018 - 1:30pm

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This week, we welcomed Michael German, a former FBI agent and current fellow with the Brennan Center for Justice, to Portland to discuss problems with the Portland Police Bureau’s membership in the FBI’s Joint Terrorism Task Force (JTTF).

State law protects Oregonians from being surveilled by state and local law enforcement based on their religious, social, or political affiliations without reasonable suspicion of criminal conduct. These crucial protections were put into place to prevent profiling and to safeguard our First Amendment rights.  

The FBI doesn’t have any such prohibitions on surveillance, as their own policies no longer require “reasonable suspicion” to engage in intrusive investigations. We also know that they regularly target members of our community based on religious or political activities and perceived immigration status.

By withdrawing from the JTTF, Portland can stay true to its values and protect our rights. For example, after 9/11, then-Attorney General Ashcroft ordered interrogations of Muslim men across the country. But in Portland, the police refused to help with the discriminatory investigations based on religion.

But as it stands now, we don’t know anything about what the officers assigned to the JTTF are up to. That’s because the JTTF operates under a veil of secrecy, which is particularly troubling considering its history of civil rights abuses.

And we have every reason to believe the JTTF is engaging in prohibited and discriminatory activities. For example, JTTF officers have been monitoring Black Lives Matters protesters throughout the country.

On Wednesday, Michael German and I testified to Portland City Council on just this issue.

WATCH: Kimberly McCullough and Michael German testify to Portland City Council on why the city should withdraw from the JTTF.

“Police officers assigned to the JTTF would find it extremely difficult, if not impossible to comply with Oregon law while conducting routine operations under the FBI’s current counterterrorism authorities and practices,” German explained in his written testimony. “Moreover, the FBI exercises these expanded powers in nearly complete secrecy, giving overseers, the public, and victims of abuse few opportunities to challenge them for legality or effectiveness.”

Portlanders have long opposed our membership in the JTTF. Now, under a president who targets people based on their religion (Muslims), national origin (immigrants), and political beliefs (protesters, Black Lives Matter), it is more important than ever to stop participating in the JTTF's dragnet surveillance and spy program.

That’s why we have joined with numerous other advocacy organizations to call on the City of Portland to once again withdraw from the JTTF.

Take Action: Ask  Mayor Wheeler and Commissioners Amanda Fritz, Nick Fish, Chloe Eudaly, and Dan Saltzman to withdraw from the FBI’s Joint Terrorism Task Force.

 

Date

Friday, April 20, 2018 - 6:45pm

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Michael German and Kimberly McCullough address Portland City Council on April 18, 2018

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