NEWARK - The ACLU of New Jersey and Rutgers School of Law-Newark Constitutional Rights Clinic today submitted comments to the Motor Vehicle Commission Chairman and Chief Administrator Raymond Martinez making the case against proposed amendments to the state’s driver’s license laws that would authorize the Motor Vehicle Commission to scan and retain copies of documents that prove New Jerseyans’ identities and residency. The public comment period for these changes, which would challenge the privacy, security, and constitutional rights of New Jerseyans, ends on Friday, December 4.
Currently, the state’s regulations require people seeking a state-issued ID card to show an MVC representative certain documents to prove their identity and residency before obtaining identification, most commonly a driver’s license. Under the new proposal, the MVC would scan and maintain those documents, which can include birth certificates and Social Security cards, creating fertile ground for identity thieves, whether they are hackers or MVC employees themselves.
“These amendments are incredibly disturbing, and it would be a huge blow to our privacy for them to slide through the approval process without a fight,” said ACLU-NJ Legal Director Edward Barocas. “These regulations have no adequate protections for our privacy. These regulations make us more vulnerable to identity thieves, not less, whether from outside hackers or from within the MVC, as has happened before. We hope these amendments are scrapped or drastically rewritten for the good of our constitutional rights.”
The MVC has not explained why it must maintain copies of New Jerseyans’ personal documents nor justified why the state’s interest in copying them outweighs residents’ privacy rights. The MVC has said only that it seeks to keep documents for “security” purposes, but the agency does not adequately elaborate on the privacy protections involved.
The fraud cited in a 2002 report that led to the creation of a six-point ID system was perpetrated by MVC employees. Later, in 2011, six MVC employees were indicted on several charges for selling counterfeit licenses. The MVC has not explained its rationale for stockpiling New Jersey residents’ documents in the hopes that it will discourage fraud committed by MVC employees themselves.
“We keep coming back to this crucial point: the Motor Vehicle Commission has not identified any real need for keeping copies of people’s highly sensitive documents,” said Rutgers School of Law-Newark Dean Ronald Chen, on behalf of the Rutgers Constitutional Rights Clinic. “The MVC is telling the public to trust them by making our personal information vulnerable. The public should not be forced to sacrifice their privacy under any circumstances, and especially not when the MVC has not even articulated a colorable justification for retaining these documents.”
The proposed regulations fail to satisfy the requirements of even the woefully problematic federal Real ID Act, which requires that states “take measures to protect any personally identifiable information pursuant to the Real ID Act as described in their security plan.”
“The proposed amendments do not articulate, much less justify, the need to retain copies of the document, as distinct from the need to inspect them,” the ACLU-NJ and Rutgers Constitutional Rights Clinic’s comments said. “… Indeed, the compilation of this vast amount of sensitive personal information will create a treasure trove for identity thieves, whether they are hackers or government employees."
NEWARK -- The ACLU of New Jersey is asking the state Department of Human Services and state Office of Homeland Security and Preparedness to make public the “directive” issued by Gov. Chris Christie that bars state agencies from assisting in the resettlement of any Syrian refugees in New Jersey.
In a request made through the Open Public Record Act (OPRA), the ACLU-NJ seeks further detail about the plan envisioned by the governor, including documentation of his directive and documents showing how the agencies are implementing the directive.
Christie first mentioned the directive in a Nov. 17 letter to President Obama in which he declared the state will not accept any refuges from Syria.
“Effective today, I am directing the New Jersey Department of Human Services not to participate in the resettlement of any Syrian refugees in the State of New Jersey,” Christie wrote, “and am requesting that all nongovernmental organizations assisting with the resettlement of refugees in New Jersey notify the New Jersey Office of Homeland Security and Preparedness and Department of Human Services of their placement of any refugees from Syria.”
So far, 75 refugees from Syria have been resettled in New Jersey, according to social service agencies. The Obama Administration is considering allowing thousands more resettle in the U.S.
NEWARK - On the most important civil liberties issues facing the 216th Legislature, a majority in the General Assembly voted with the ACLU of New Jersey at least 90 percent of the time.
The first-ever ACLU-NJ legislative scorecard tracks the records of Assembly members on 13 key issues votes during the legislative session that began Jan. 2014. In the run-up to the Nov. 3 election, in which Assembly members are at the top of the ticket, the ACLU-NJ is releasing a scorecard of those votes to educate the public at large as well as its 20,000 members and donors who live in every single legislative district in the state. The information can be found online at https://www.aclu-nj.org/scorecard. It includes a table showing how every Assembly member voted on the issues and allows users to learn details about the scored bills, compare Assembly members’ voting records, find out who made the Honor Roll, and look up scores for legislative districts and an interactive map of New Jersey.
“The good news is that most Assembly members vote for civil liberties and civil rights most of the time. The bad news is that our elected officials aren’t always there when it counts, like with the bill to allow transgender New Jerseyans access to birth certificates that reflect their true gender,” said Ari Rosmarin, ACLU-NJ Public Policy Director. “With this kind of sound information, civil rights voters can hold elected officials accountable because they know where their representatives stand on the key issues of the day when they go to the polls.”
Of the hundreds of bills the Legislature considered, the ACLU-NJ identified 13 votes as the most central to civil rights and civil liberties, including legislation to:
Out of New Jersey’s 80 Assembly members, 32 – or 40 percent – made the ACLU-NJ’s Honor Roll, with ratings of 100 percent.
The lowest rating belonged to Assemblyman Gregory McGuckin (R-Brick) at 38 percent. Eight other members of the Assembly scored below 50 percent and also earned a spot on the ACLU-NJ’s less-than 50 percent list.
“Above all, this scorecard is a tool for public accountability. We created it to allow New Jerseyans to learn where their lawmakers stand on key issues involving our rights and freedoms,” said ACLU-NJ Executive Director Udi Ofer. “We’re here to ensure those who have taken a stand for our fundamental civil rights continue to act in defense of our rights and liberties, and we’re here to put pressure on those who need a refresher in what it means to defend the rights of the people. Our goal is for every elected official to achieve a 100 percent rating. Even more importantly, our goal is for every resident of New Jersey to know where their representatives stand.”
The ACLU-NJ will continue to monitor important votes as the Legislature returns for its biennial lame-duck session after the election and before the 217th Legislature is convened in January. An updated scorecard, including scores for the Senate, will mark the end of the legislative term.
Visit https://www.aclu-nj.org/scorecard to read the scorecard online, look up legislative districts, compare Assembly members on an interactive map of New Jersey, and learn about the details of the scored bills in more detail.
The ACLU of New Jersey has teamed up with two New York law firms – Siegel Teitelbaum & Evans and McLaughlin & Stern -- to represent Kaci Hickox, the nurse who was detained last year in Newark after returning from treating Ebola patients in Sierra Leone, in a challenge to New Jersey’s draconian quarantine policies.
The lawsuit (PDF), filed in U.S. District Court in Newark almost a year after her detention, charges that New Jersey Governor Chris Christie and then-Commissioner of Health Mary O’Dowd illegally and unconstitutionally held Hickox against her will as part of a mandatory quarantine (PDF) for anyone returning from certain West African countries who treated patients with Ebola.
Hickox landed at Newark Liberty International Airport on October 24, 2014, en route home to Maine from West Africa. She was ordered to be held against her will despite showing no symptoms and engaging in no activities in Sierra Leone that would have put her at a high risk for contracting Ebola. She was first held at Newark Liberty International Airport, and soon after at University Hospital in Newark. Even after the negative blood test, New Jersey held Hickox for an additional two days, stretching her confinement to more than three days.
“I never had Ebola. I never had symptoms of Ebola. I tested negative for Ebola the first night I stayed in New Jersey governor Chris Christie’s private prison,” Hickox said. “My liberty, my interests and consequently my civil rights were ignored because some ambitious governors saw an opportunity to use an age-old political tactic: fear.”
Hickox is suing New Jersey Governor Chris Christie, former New Jersey Department of Health Commissioner Mary O’Dowd, and other health department officials. The suit claims they violated Hickox’s rights by depriving her of due process and unlawfully seizing, detaining and quarantining her, while relying on fear rather than science to justify her confinement.
“When Kaci Hickox was held against her will a year ago, it was unconstitutional, illegal, and unjustified,” said civil rights attorney Norman Siegel of Siegel Teitelbaum & Evans. “Kaci knew her rights, and today she is fighting for them.”
Steve Hyman of McLaughlin & Stern said, “While this lawsuit has been filed to vindicate Kaci’s constitutional rights, an important corollary of this action is to change the existing New Jersey quarantine policy so that what happened to Kaci will not happen to another health care worker on their return.”
Hickox was held in a field tent in an unheated parking garage at University Hospital in Newark. She had access to a portable toilet but not a shower, and had to ask for extra blankets. Ultimately, she was released and allowed to return to Maine.”
”The decision to quarantine anyone must be made based on science, not fear and politics,” said Udi Ofer, executive director of the ACLU of New Jersey. “In holding Kaci Hickox, the governor and the former head of the Department of Health not only violated her basic constitutional rights, but they did so without any scientific foundation. Now, a year later, we are proud to help Kaci vindicate those rights.”
The suit is captioned Hickox v. Christie, et al.
NEWARK – Governor Chris Christie today announced an initiative to equip the New Jersey State Police with body-worn cameras, and provided state funding to help municipal police departments purchase the cameras. “The use of body-worn cameras will bolster trust and better provide for the safety and protection of residents and officers alike," Christie said.
The announcement included the release of a 24-page directive (PDF) to law enforcement from Attorney General John Hoffman that spells out policies and practices for the use of body-worn cameras.
Following is a statement attributable to Udi Ofer, Executive Director of the ACLU-NJ, about the use of body-worn cameras and the law enforcement directive:
“The Attorney General directive released today on police use of body cameras falls short of what’s needed to create police accountability in New Jersey.
“While it contains some important safeguards, it fails to address those very concerns that have triggered the public’s desire for body cameras in the first place. The public will not have a right to access the kind of footage—whether it's the chokehold used on Eric Garner or the arrest of Sandra Bland—that has sparked a conversation on police abuses.
“The Christie administration missed an important opportunity to create strong police accountability tools while also protecting the privacy and First Amendment rights of New Jerseyans.
“We have real concerns about several specific, key points:
Governor Chris Christie late Monday signed legislation that for the first time requires the Port Authority of New York and New Jersey be subject to the New York Freedom of Information Law and the New Jersey Open Public Records Act. Christie signed the Senate concurrence of conditional vetoes he made in the original legislation, S2183/A3350. Christie’s signature comes six months after New York Governor Andrew Cuomo signed companion legislation, and it was necessary for the law to take effect.
The following statement about the legislation is attributable to ACLU-NJ Legal Director Edward Barocas:
"This new law to make public records more open represents a positive step toward addressing significant and long-standing concerns about the lack of transparency and accountability at the Port Authority, deficiencies that were highlighted in the wake of the ‘Bridgegate’ lane-closure scandal. The law, which the ACLU-NJ supported, ensures that transparency protections will have the force of law and will provide a legal remedy to individuals when record requests are denied.
"While this law shines some disinfecting sunshine on the Port Authority, the work to transform this troubled bi-state agency is not done. The Port Authority is still left to its own devices regarding its public meetings. In order to make the agency more accountable, New Jersey and New York must enact a law that subjects the Port Authority to the same open meetings requirements that all state and local government bodies must follow, and individuals must be provided the right to challenge agency actions that violate those requirements."
NEWARK – As New Jersey Governor Chris Christie prepares to announce his candidacy today for president of the United States, the American Civil Liberties Union of New Jersey (ACLU-NJ) reissued its report card on his first term in office.
Christie earned a grade of D+ for his record on civil liberties and civil rights. Now into his second term, Christie not only continues his poor performance, but raises new concerns about his record on key matters of constitutional rights.
“As Americans begin to consider candidates for the presidency, it is vitally important that they are informed about their candidates’ records on constitutional rights and freedoms,” said ACLU-NJ Executive Director Udi Ofer. “We hope that this guide will help voters become more informed about Governor Christie’s stance on key civil liberties and civil rights issues.”
The ACLU-NJ report card graded Christie on 12 crucial civil rights and liberties matters: freedom of expression, freedom of religion, separation of church and state, voting rights, women’s rights, immigrants’ rights, privacy, LGBT rights, criminal justice and drug policy, transparency, separation of powers, and economic justice.
“Governor Christie’s record on civil liberties and civil rights has been a poor one,” said Ofer. “Some of his most frustrating moments have been those times when he paid lip service to the protection of rights but failed to back up words with actions. For gay and lesbian New Jerseyans seeking to marry, sick patients in need of medical marijuana, or New Jerseyans seeking to learn basic information about their state government, the Christie administration has been a failure.”
Christie’s lowest grades were in the areas of transparency, separation of church and state, and separation of powers. The governor earned higher marks in other areas, such as freedom of religion. Following are some highlights (and lowlights).
Christie’s second-term has raised other civil liberties and rights concerns. He has opposed early, in-person voting, dismissing it as an attempt at voter fraud despite the lack of evidence to support such claims. And eight months ago his administration issued an order requiring the detention of medical workers returning from one of three West African countries where they treated Ebola patients, even if they were asymptomatic. The decision was widely criticized by the medical community following the detention of a nurse, Kaci Hickox, at Newark Liberty International Airport. In the face of public pressure, he eventually released Hickox.
Finally, Christie has repeatedly stated that the Patriot Act does not violate civil liberties, despite the fact that numerous federal courts have found provisions of the Act to be unconstitutional and to violate civil liberties.
In a remarkable bit of timing this week, the New Jersey state Senate failed in a vote to over-ride a veto by Governor Christie of legislation that would have imposed for the first time strict legal requirements for more transparent governance at the scandal-plagued Port Authority of New York and New Jersey.
What was so remarkable about the timing?
Republicans in the Senate went jelly-legged during Sunshine Week, a seven-day celebration of openness and transparency in government that began after the Florida Society of Newspaper Editors in 2002 beat back attempts by the Florida Legislature to create some 300 exemptions to its open meetings laws. Its name, however, comes from an idea voiced a century ago by U. S. Supreme Court Justice Louis Brandeis. In describing the need for public oversight of elected officials, Brandeis wrote, “Sunlight is said to be the best of disinfectants.” And the point is to draw public attention to the necessity of laws that require government officials and elected leaders to conduct business in full view of the public.
The PA veto over-ride in New Jersey failed even though the bill, sponsored by open government champions Sens. Bob Gordon and Loretta Weinberg, had previously won unanimous approval of both the Senate and the Assembly. The failure of the bill to win approval “means the port authority is still vulnerable to abuse and commuters remain at risk of schemes that take more of their hard-earned money out of their pockets,” Gordon said.
The response to the governor’s veto doesn’t necessarily mean everything is rotten in Trenton, but it does demonstrate quite clearly that not all elected officials put a premium on the need to be held publicly accountable for their actions.
As a bi-state agency, the PANYNJ is not subject to the governmental transparency laws of New Jersey or New York, even though it has a budget larger than many states. Indeed, it was only through dogged reporting, led by The Record of Bergen County, that the notorious “Time for some traffic problems in Fort Lee” email from a Christie aide to a PA official was discovered and launched the political scandal over the closure of traffic lanes onto the George Washington Bridge.
The PA is but one example of the need for greater transparency and accountability in government.
In recognition of Sunshine Week, the American Civil Liberties Union of New Jersey is offering up its own ideas for bringing New Jersey’s Open Public Records Act and Open Public Meetings Act into the 21st Century.
“Open government is a cornerstone of democracy that enables advocates, activists and the press to monitor government performance and expose corruption,” ACLU-NJ Transparency Law Fellow Iris Bromberg said. “The transparency of government activities enables access to critical information needed to shine a light on government performance and expose corruption."
In addition to the ideas for strengthening accountability – including adopting policies to ensure proper retention of government emails and texts that are made on private systems , creating websites where individuals can find publically-available information regarding their municipality, and strengthening the existing language of NJ’s transparency laws – the ACLU-NJ is highlighting five important government transparency cases that established the right to videotape public meetings, create privacy safeguards for automated license plate readers and closed loopholes in the existing open meetings and records law.
The ACLU-NJ expressed disappointment with the New Jersey State Senate today for failing to override Governor Chris Christie’s veto of a bill to transform the Port Authority of New York and New Jersey (PANYNJ) that passed the Senate unanimously.
The legislation, S2181, sponsored by Senators Robert Gordon and Loretta Weinberg, would have established critical independent transparency standards for the bi-state agency, whose failures of accountability garnered national attention in the wake of the 2013 George Washington Bridge lane closures.
New Jersey lawmakers voted on an override of the veto on March 16 but failed to secure enough votes, with 25 in favor and 14 voting against. In order for laws pertaining to the bi-state agency to be enforceable, New York and New Jersey must each enact parallel versions of the legislation. The New York legislature has already reintroduced its counterpart to S2181 following a veto from New York Governor Andrew Cuomo during that state’s 2014 legislative session.
“Time is long past for dragging the Port Authority out of its own muck and directing some disinfecting sunshine at it. History has shown that we cannot trust the Port Authority to police itself,” said ACLU-NJ Executive Director Udi Ofer. “The legislature unanimously supported bringing the Port Authority into the 21st Century by passing transparency and accountability measures. The Senate needed to show that same conviction now by overriding the governor’s veto, and it fell far short of what the people of New Jersey need. This nearly $8 billion agency impacts the daily lives of millions of New Jerseyans and we cannot afford to allow it to continue to avoid oversight. Today’s vote constitutes a sad day for transparency and accountability in New Jersey.”
As a bi-state agency, the PANYNJ is not subject to the governmental transparency laws of New Jersey or New York, despite operating with a budget that surpasses most states’. Among other accountability provisions, S2181 would take significant steps to addressing this loophole by applying important open public meetings rules to the Port Authority.
“S2181 would have been a critical first step for the Port Authority and we support override of the Governor’s veto,” said ACLU-NJ Transparency Law Fellow Iris Bromberg. “But the legislature today let the people of New Jersey down. We need accountability, both through S2181 and through follow-up legislation to ensure New Jerseyans can effectively enforce the open meetings requirements for the Port Authority in court. We will continue to push for accountability at the Port Authority.”
S2183, a companion bill supported by the ACLU-NJ and conditionally vetoed by Governor Christie in January, would subject the Port Authority to New Jersey’s Open Public Records Act and New York’s Freedom of Information Law.
The longstanding issue of transparency failures at the Port Authority drew widespread public attention in late 2013, when news of the Christie administration’s involvement in the closure of traffic lanes on the George Washing Bridge emerged. However, lawmakers and transparency advocates have attempted to shine a light on the workings of the Port Authority for years. In July 2012, Governor Christie conditionally vetoed legislation that would have given the public greater access to financial and procedural dealings at the Port Authority, among other reforms.
The American Civil Liberties Union of New Jersey (ACLU-NJ) filed a lawsuit in Mercer County Superior Court challenging the New Jersey Department of Health’s refusal to provide public records regarding the development and implementation of state policies and protocols about exposure to the Ebola Virus Disease (EVD).
“The state of New Jersey must be transparent about the scientific information and health policy thinking used to formulate and implement these statewide rules,” ACLU-NJ Executive Director Udi Ofer said. “The public must be assured that these policy decisions are being guided by science, not fear.”
The ACLU-NJ made a request on Oct. 30 to the New Jersey Department of Health under the state’s Open Public Records Act for emails and other correspondence from specific officials in the Department of Health that contained several key words, including Ebola, EVD, quarantine, isolation or screening. It also sought correspondence with county departments of health.
The state requested several lengthy delays in responding to the request, including a final demand for a delay on Dec. 22, at which time the ACLU-NJ gave Jan. 15 as the absolute deadline for a response.
On Jan. 14, the records custodian for the Department denied the ACLU-NJ request alleging it was overly broad and required research and also suggesting that the records sought fell under OPRA exemptions for material that is advisory, consultative or deliberative.
“The department’s refusal is unjustified because the request was very specific,” said Ed Barocas, ACLU-NJ Legal Director. “Not only did it take them ten weeks to respond, but the department refused to conduct a simple search of its computer files.”
The lawsuit filed late Monday challenges the denial on several counts, especially the state’s contention that the request wasn’t specific enough and that a key word search of email is “research” that would require creation of a new government record.
The ACLU-NJ noted that OPRA does not permit a records custodian to issue a blanket rejection of all emails as falling within the deliberative material exemption to OPRA.
Finally, the ACLU-NJ argues that, given that the State considered the request itself invalid, it clearly engaged in delay after delay without justification, in violation of OPRA. Since it believed the request invalid, DOH should have issued a denial soon after receipt of the request, rather than making the ACLU-NJ wait two months for that rejection and making it appear that a search for records was occurring during that time.
The lawsuit asks the court to declare the state in violation of the Open Public Record Act, levy a fine and compel the defendants to immediately provide copies of the requested records.
The case is captioned ACLU of New Jersey v. Department of Health and is filed in Superior Court of New Jersey, Mercer County. Read the verified complaint and brief.