May 07, 2012
NEWARK – The American Civil Liberties Union of New Jersey (ACLU-NJ) announced today that it filed a lawsuit in Superior Court in Mercer County on Friday and won a court order to restrict the implementation of the state’s new TRU-ID licensing program, which was scheduled to go into effect today. The lawsuit asserts that the Motor Vehicle Commission (MVC) violated New Jersey’s Administrative Procedure Act, which dictates that any new rule or regulation requires, at a minimum, public notice and the chance for citizen review.
"Implementing TRU-ID without any involvement from the public isn’t just undemocratic – it’s also in violation of New Jersey laws,” said ACLU-NJ Legal Director Ed Barocas, who argued the case on behalf of the ACLU-NJ. “The State of New Jersey has infringed upon the rights of every citizen in New Jersey by deciding to radically change our ID system by fiat instead of through the democratic process.”
Prior to taking the matter to court, the ACLU-NJ attempted to address its concerns with the MVC, sending a letter (362k PDF) outlining the civil liberties, safety and cost issues with TRU-ID, requesting a meeting prior to the implementation to discuss these issues, and making an open records request (100kb PDF) for more information (which received a skeletal response [2.1mb PDF]).
On Friday, Superior Court Judge Paul Innes issued an order that restricts the MVC from requiring citizens to obtain a TRU-ID, and held that the agency must allow applicants the option of obtaining a driver's license or state ID under the 6-Point license system that has been the law in New Jersey for almost a decade. The order also prohibits the MVC from making copies of Social Security cards, birth certificates, passports or other identification documents, as the copying of records is also not authorized under current regulations.
The ACLU-NJ and the MVC are scheduled to appear in court on Aug. 3 to present oral arguments about the matter. The judge's order holds that injunction will remain in place at least until that time.
The state released minimal information about TRU-ID just a few weeks before the planned implementation. It did not seek any input from the public, legislators or stakeholders. The MVC said the new program was necessary to comply with the federal Real ID Act, which seeks to create a national identification card and make it mandatory for anyone who wants to board a commercial airline or enter a federal building. But the federal act is unenforceable - at least 25 states have opted out of Real ID, with 15 of them passing legislation making it illegal for their state governments to participate. The states saying no to Real ID may soon grow to 26; a bill rejecting Real ID implementation currently sits on Pennsylvania Governor Tom Corbett’s desk for him to sign into law.
“TRU-ID is a half-baked plan to implement the half-dead Real ID Act,” said ACLU-NJ Executive Director Deborah Jacobs, also the plaintiff in the lawsuit. Her current license expires June 30. "The state is trying to slip this under the radar without allowing the public the opportunity to see how much TRU-ID will cost in terms of our rights, our privacy and our wallets."
In addition to privacy concerns, the ACLU-NJ’s lawsuit also addresses the potential impact of TRU-ID on some of New Jersey’s most vulnerable communities with regard to civil rights and personal safety. The regulation’s requirement that all documents, including birth certificates, be in English imposes a burden on anyone born in a non-English speaking country. Likewise, the homeless will have difficulty proving their citizenship. In addition, it is uncertain whether there are exceptions for victims of domestic violence, who are currently allowed to use an alternate address for all state and local government purposes, rather than their actual home addresses, which could jeopardize their safety.
Although the MVC has stated it is not yet ready to start scanning documents, TRU-ID and Real ID systems require citizens to turn over copies of their personal documents to the government, which will be maintained indefinitely in a government database. Because no regulations have been released publicly, New Jerseyans have no assurance that the information maintained on the license itself or in the databases of the state government will have protection from identity thieves or other threats.
At the hearing on Friday, Judge Innes noted that the state does not have the authority to require driver's license applicants to turn over documents with their full Social Security numbers, but that that the state was now attempting to do just that under the TRU-ID system. The ACLU-NJ, the judge ruled, "has a very good likelihood of success" on the merits of its claims (1.7mb PDF).
Although the state has not shared the costs of TRU-ID with the public, the MVC said in a 2006 report that implementation of Real ID “imposes severe logistical and financial requirements” upon New Jersey. Moreover, the costs to implement Real ID may not even be necessary. In 2008, after 25 states outright refused to comply with Real ID, the Department of Homeland Security released regulations acknowledging that it could not enforce Real ID compliance.
“When the MVC rolled out its 6-Point ID verification in 2003, it bragged that the IDs met the standards of the Department of Homeland Security” said Jacobs. “We shouldn’t waste New Jersey tax dollars on a moribund program that Americans on all sides have rejected.” The case, captioned ACLU-NJ v. Martinez, is being heard in Mercer County Superior Court.
You can read the complaint (4.5mb PDF), which provides more comprehensive details about the pitfalls of TRU-ID. You can read more about the Real ID Act at the ACLU’s national site, www.realnightmare.org.
April 24, 2012
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NEWARK – Three years after identifying a statewide crisis in New Jersey police departments’ internal affairs practices, the ACLU-NJ has released a roll call training video that explains best practices and guidelines for officers who receive internal affairs complaints. The video, which exclusively features New Jersey law enforcement professionals, is based on the state Attorney General’s statewide guidelines on internal affairs and provides a much-needed tool for training officers.
“This training video is for law enforcement, coming from law enforcement,” said ACLU-NJ Executive Director Deborah Jacobs. “In 2009, an ACLU-NJ report showed that 80 percent of local police departments provided inaccurate information about how to file an internal affairs complaint. Officers hadn’t received sufficient training, and we’re trying to help bridge that gap. The first interaction a citizen has when inquiring about filing a complaint against a police officer can set the tone for the entire investigation, and it has sometimes deterred citizens from filing complaints.”
The five-minute long video is intended for officers to view at roll call and to reach all levels of personnel. With the exception of officers working directly in internal affairs, most officers receive minimal training on how to handle internal affairs complaints. The training features four leaders of New Jersey law enforcement, who discuss the importance of internal affairs and the proper handling of incoming complaints:
The ACLU-NJ has provided the film at no cost to the New Jersey State Chiefs of Police Association, as well as to the New Jersey County Prosecutors Association, with the request that it be shown to all personnel. Essex County has decided to use the film at county-wide trainings of law enforcement officials.
“The Essex County Prosecutor’s Office actively participated in the making of this video because we want to ensure that all county law enforcement personnel have the information they need to correctly handle any complaints of police misconduct.” said Acting Essex County Prosecutor Carolyn Murray. “Ultimately, our job is to bring justice to victims. To do that, we need the community to trust us. Any interactions that undermine community trust hurts our ability to serve and protect the public and misrepresents the majority of officers who do their jobs in an honest and honorable way. We believe this video highlights best internal affairs practices.’’
The video offers a refresher on the various ways citizens can file a complaint against an officer: in person, by telephone, anonymously, through email, by third party, and with any necessary assistance with language or disabilities. It also discusses who can make a complaint, including juveniles without their parents and immigrants (regardless of their documentation or status). It also covers the benefits of a robust internal affairs unit not only to citizens, but to law enforcement personnel.
“We have to be able to police ourselves, because we don’t want anyone tarnishing our badge,” said Ramsey Police Chief Bryan Gurney, explaining why internal affairs operations are so crucial to effective policing. “The days of just being able to sweep things under the rug are way over.”
On March 16, 2012, the ACLU-NJ previewed the film for an audience of approximately 75 officers who were members of the New Jersey Internal Affairs Association. It was well-received and resulted in requests to show it in individual departments.
This new video is one of several ACLU-NJ initiatives that promote better internal affairs practices. After the ACLU-NJ’s 2009 survey, the ACLU-NJ promoted the use of a resource for police departments to use as phone-side “cheat sheets” that detail the requirements for all personnel if a citizen wishes to report a complaint against an officer (created by Chief R. Brett Matheis of the Clinton Police Department). In 2010, the ACLU-NJ requested an Office of Attorney General review of internal affairs policies, statistics-keeping and oversight. That review resulted in a number of improvements to the statewide policy and requirements for greater oversight.
“If internal affairs does a poor job of taking complaints from citizens, it has an adverse effect on the entire department,” said Newark Police Director Samuel DeMaio during an interview featured in the video. “The department is here to serve the community, and the community has to have a trust in the agency.”
April 23, 2012

NEWARK – A federal judge in Newark today approved a settlement of a class action lawsuit filed in 2008 against Passaic County for unconstitutional and inhumane conditions at the Passaic County Jail. The lawsuit was filed by the American Civil Liberties Union of New Jersey (ACLU-NJ) and Seton Hall University School of Law’s Center for Social Justice (CSJ) on behalf of prisoners at the jail.
The two parties reached a settlement at the end of 2011. Today, U.S. District Judge Dennis Cavanaugh accepted the agreement in court, determining it is fair, reasonable and adequate.
“This settlement marks the start of a new era at the jail,” said CSJ Associate Professor Jenny-Brooke Condon. “For years, detainees, jail employees, lawyers and judges have complained about the overcrowding and unsafe conditions at the jail. We hope that the agreement results in lasting improvements for our clients.”
Judge Cavanaugh commended the attorneys for both the plaintiffs and defendants. Cavanaugh noted that he has heard many complaints about the conditions at the jail over the years and is satisfied that the settlement will address the problems.
“It is significant that the settlement reduces the overall population of the jail,” Cavanaugh said. “Because of that, all other conditions were brought about and magnified and this will resolve that.”
ACLU-NJ Deputy Legal Director Jeanne LoCicero said there is still much more work to be done.
“The presence of an independent monitor demonstrates that both sides are committed to long-term, systemic change,” said LoCicero. “We are anxious to start this new chapter and implement the changes outlined in this settlement, which we believe is a great outcome for the safety and health of detainees, staff members and the community.”
Under the terms of the agreement, the jail will agree to rectify the conditions that led to the lawsuit, including overcrowding, environmental dangers, fire hazards and inadequate medical care. The agreement was reached with input from correctional experts after jail inspections and an exchange of informal discovery.
As part of the agreement:
The Passaic County Freeholders approved the agreement in December. The prisoners had an opportunity to consider and comment on the agreement.
In addition to CSJ, a team of attorneys from Dechert LLP, led by Ezra Rosenberg and former partner Chris Michie, serves as the ACLU-NJ’s cooperating attorneys on a pro bono basis.
Since 2007, dozens of law students at Seton Hall Law School’s Center for Social Justice, along with a team of attorneys, have played an important role advocating for the prisoners, including documenting conditions at the jail.
Lawyers who worked on behalf of the class of plaintiffs include: Condon, Patricia Perlmutter, and Rachel Lopez of the Center for Social Justice; Emily Goldberg, formerly of CSJ; Rosenberg, Crotty, and Michael Planell of Dechert; Michie and Jennie Krasner, formerly of Dechert; and LoCicero and Ed Barocas of the ACLU-NJ.
Lawyers and CSJ law students will continue to represent the class of inmates for the duration of the settlement period.
The settlement agreement includes a memorandum of understanding in each of the following areas: correctional management, fire safety, environmental health, medical treatment and mental health care.
March 06, 2012
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| ACLU-NJ Executive Director Deborah Jacobs & Rep. Donald Payne in 2006 |
NEWARK — The ACLU of New Jersey is deeply saddened to learn of the passing of U.S. Rep. Donald Payne. New Jersey has lost a staunch defender of civil liberties in the state and the country. Throughout his distinguished career, Rep. Payne stood for causes that were not always popular – the true hallmark of a civil libertarian. He stood firm for his principles in voting against measures to make the Patriot Act permanent, to define marriage as a union between a man and a woman and to prohibit flag desecration.
“Rep. Payne was a true champion of the disaffected and the underrepresented populations of our country,” said ACLU-NJ Executive Director Deborah Jacobs. “He was a principled leader whose legacy will live on in the freedoms that we enjoy. We were proud to have Congressman Payne represent New Jersey and remain grateful for his many years of public service.”
"Donald Payne was a forward thinking civil libertarian in the Congress who voted against making the Patriot Act permanent and supported employment non-discrimination for the LGBT community and championed the reproductive rights of women," said Laura Murphy, Director of the ACLU’s Washington Legislative Office. "Overall he was one of our reliable and outspoken leaders on civil rights and civil liberties. We will miss his gracious and open demeanor in what has become a difficult and hyper-partisan environment in Washington."
February 23, 2012
NEWARK – The American Civil Liberties Union of New Jersey (ACLU-NJ) and Seton Hall University School of Law’s Center for Social Justice (CSJ) today announced the preliminary settlement of a class action lawsuit filed in 2008 on behalf of inmates against Passaic County for unconstitutional and inhumane conditions at the Passaic County Jail.
Under the terms of the agreement, the jail will agree to rectify the conditions that led to the lawsuit, including overcrowding, environmental dangers, fire hazards and inadequate medical care. The agreement was reached with input from correctional experts after jail inspections and an exchange of informal discovery. The agreement will be implemented if a federal judge approves of the plan.
“This settlement will be a huge victory for the inmates of Passaic County Jail, which at one time was notorious for its inhumane and degrading conditions.” said Patricia Perlmutter, a CSJ attorney and former professor. “The county has agreed to provide the resources necessary to meet its constitutional obligations.”
As part of the agreement:
The Passaic County Freeholders approved the agreement in December. The inmates now have the opportunity to consider and comment on the agreement. A federal judge will determine whether the agreement is fair, reasonable and adequate at a hearing currently scheduled for March 27, 2012.
“As we worked on this settlement, the jail administration began making significant improvements and we commend them for their commitment to upgrade the facility. There is still a lot of work to be done, but we are confident that when the comprehensive plan is implemented, it will be a great outcome for the safety and health of detainees, staff members, and the community,” said Jeanne LoCicero, ACLU-NJ Deputy Legal Director.
In addition to CSJ, a team of attorneys from Dechert LLP, led by Ezra Rosenberg and former partner Chris Michie, serves as the ACLU-NJ’s cooperating attorneys on a pro bono basis.
“Our clients have had to endure serious hazards and deficiencies at an aging facility, but we have already started to see meaningful progress – including a reduction of 40% of the jail population. Reducing that kind of stress on the building and staff now clears the way for environmental safety and management improvements,” said Regan Crotty of Dechert LLP who has worked on the case since it was filed.
“Conditions at Passaic County Jail before the lawsuit were so deplorable as to be called ‘shameful’ by a federal judge and were considered so punitive that U.S. Marshals removed all federal prisoners from the jail. The agreement promises comprehensive changes in the facility and its operations,” said CSJ Associate Professor Jenny-Brooke Condon.
Since 2007, dozens of law students at Seton Hall Law School’s Center for Social Justice, along with a team of attorneys, have played an important role advocating for the inmates, including documenting conditions at the jail.
Lawyers who worked on behalf of the class of plaintiffs include: Condon, Perlmutter, and Rachel Lopez of the Center for Social Justice; Emily Goldberg, formerly of CSJ; Rosenberg, Crotty, and Michael Planell of Dechert; Michie and Jennie Krasner, formerly of Dechert; and LoCicero and Ed Barocas of the ACLU-NJ.
Lawyers and CSJ law students will continue to represent the class of inmates for the duration of the settlement period.
The settlement agreement includes a memorandum of understanding in each of the following areas: correctional management, fire safety, environmental health, medical treatment and mental health care. The documents can be found online at the ACLU-NJ’s website.
January 27, 2012

NEWARK – A Superior Court judge today ordered a lawsuit to proceed against the City of Newark (151k PDF) over documents related to Facebook founder Mark Zuckerberg’s $100 million donation for the city’s schools, and ordered the city to produce a list of the documents in its possession. Judge Rachel N. Davidson denied a motion by the city to dismiss the complaint, filed by the American Civil Liberties Union of New Jersey (2.1mb PDF) (ACLU-NJ) on behalf of the Secondary Parent Council (SPC), a group of Newark parents and grandparents seeking more transparency about the Zuckerberg donation.
“Newark’s arguments to skirt New Jersey’s public disclosure laws (1.5mb PDF) simply haven’t added up from the start – that’s just one reason why this lawsuit is going forward today,” said Frank Corrado, an attorney with Barry, Corrado, Grassi & Gibson as well as the president of the ACLU-NJ Board of Trustees, who represents SPC on the ACLU-NJ's behalf. “When Mayor Booker accepted this generous offer to help transform Newark’s schools, he emphasized the role the public would play in the process. Instead they have been denied basic requests for public documents.”
The city has argued it does not have any documents, but that even if it did, they would be shielded by mayoral executive privilege, which does not exist in New Jersey. During a hearing on the motion to dismiss the case today, Judge Davidson said she found it hard to believe the city did not possess any records related to the September 2010 donation.
“It’s a little difficult to believe that after Mr. Zuckerberg pledged $100 million to the Newark Schools that the City of Newark would not have a document,” said Judge Davidson.
Michael Witt, the attorney representing the city, acknowledged that the city has some documents, which he believed would comprise roughly 50 pages of emails. The judge ordered the city to provide a log with a description of those emails by Feb. 10, 2011.
The judge’s ruling today brings Newark parents one step closer to a better understanding of the details of the donation, which was intended to transform Newark schools. Despite numerous requests for more detailed records since the announcement of the gift in September 2010, the City of Newark has released only general information about the use and sources of the funding rather than the complete body of information the public is entitled to under law.
“As parents and grandparents, we simply want to fully understand the impact of this gift on our children and get a better grasp on this aspect of their education,” said Laura Baker of the Secondary Parent Council. “Refusing to share details the public deserves to know sends a message that outside funders have more insight into the Newark Public Schools than the community members who have a stake in the process.”
The case is captioned Secondary Parent Council v. Newark.
January 24, 2012

NEWARK – The American Civil Liberties Union of New Jersey (ACLU-NJ) released a midterm report card for Gov. Chris Christie today (182k PDF), issuing mostly low marks for his administration’s handling of critical civil liberties issues such as reproductive freedom and free speech.
The report card examines Christie’s record on an array of civil liberties issues during his first two years in office. The ACLU-NJ issued a similar report card for Newark Mayor Cory Booker (229k PDF) in 2009 during his first term in office.
“Christie has two years to turn a mediocre civil liberties record into a testament to individual rights,” said ACLU-NJ Executive Director Deborah Jacobs. “The people of New Jersey expect a leader who will stand up for their freedoms, not one who will let them know that despite his unfair policies, his heart is in the right place. It’s time for Gov. Christie’s good intentions to turn into policies that strengthen our rights and improve our lives.”
The ACLU-NJ issued the following grades:
January 13, 2012
NEWARK – A state administrative law judge has ruled that the Ocean Grove Camp Meeting Association violated the state’s Law Against Discrimination when it denied Ocean Grove residents Harriet Bernstein and Luisa Paster the use of its boardwalk pavilion for their 2007 civil union ceremony. The association had allowed members of the public to rent the pavilion and had never before declined a permit other than for scheduling conflicts until it received Paster and Bernstein’s reservation request. The association rejected the couple’s application to use the space, stating that civil unions violated its Methodist doctrine.
December 21, 2011
NEWARK – The American Civil Liberties Union of New Jersey condemned the decision of New Jersey Attorney General Paula Dow to implement use of a new form that makes it more difficult for law enforcement officials and the public to track police misconduct investigations.
November 17, 2011
NEWARK - In response to a lawsuit filed by the ACLU-NJ, the New Jersey Department of Education (DOE) has released public records containing the names of outside persons brought in by the DOE to review applications from schools seeking charters from the Commissioner of Education. The documents were released nearly one year after the initial request was filed by the Education Law Center (ELC).