Roundup: ACLU files suit to gain information on R.I. police surveillance

Nonprofit group asks IRS to investigate Pennsylvania church

08.08.00

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The American Civil Liberties Union is suing the Providence Police Department for information on the city's use of surveillance cameras. The ACLU's state chapter said yesterday it filed the open-records lawsuit because police refused to release policies governing the cameras' use in police cars and public locations. The civil liberties group wants to know who has access to videotapes, how long tapes are retained and what restrictions exist on the cameras' use. The group does not oppose use of the cameras in police cars but says using them in public places infringes on people's privacy and would likely divert, rather than deter, crime. Police Capt. John Ryan said the department refused the ACLU's request for information because it believed the information was exempt from disclosure under state law. The ACLU is seeking a Superior Court order requiring release of the surveillance information and wants a civil fine against the police department. Associated Press

The Americans United for Separation of Church and State has asked the Internal Revenue Service to investigate a pastor who allegedly endorsed a presidential candidate from the pulpit, the religious liberty watchdog group announced last week in a press release. The Rev. Herbert Lusk addressed the Republican National Convention via satellite July 31 and allegedly endorsed GOP candidate George W. Bush from his church, the Greater Exodus Baptist Church in Philadelphia. According to the group's press release, Lusk said: "We are supporting Gov. Bush, and we are supporting him because we know that he understands that we must give faith a chance. ... Mr. Bush, we are praying for you. Keep the faith. We love you. And we love you because we know that you have a testimony." In a letter to Charles O. Rossotti, commissioner of the Internal Revenue Service, Americans United Executive Director Barry W. Lynn requested an investigation into the matter. Federal tax law states that churches and other non-profit groups holding a 501(c)(3) status may not endorse or oppose candidates for public office. Groups that violate the standard could lose their tax-exempt status. Lusk refused to comment when contacted by The Freedom Forum Online, but did say, "There's no validity to [Americans United's] claims." Freedom Forum Online staff

Texas: Judge drops second Santa Fe prayer case

A federal judge in Texas dismissed on Aug. 4 a second case involving school prayer at the Santa Fe Independent School District, ruling that a landmark June U.S. Supreme Court decision and other factors made the later lawsuit moot. U.S. District Judge Sim Lake dismissed Marian Ward's suit, which argued the school district had no right to prevent her from leading a prayer before Santa Fe High School football games. Last year, Lake granted Ward an injunction preventing the school from punishing her. Ward, then a high school senior, contended that a public school like hers could not discriminate against a religious message when other students are free to give secular messages in the same forum. But since Ward has graduated and the school district in July dropped its disputed prayer policy, the lawsuit was unnecessary to garner any further relief, Lake ruled. Associated Press

Pennsylvania: Protest leader's bail reduced

A judge yesterday reduced bail for a protest organizer to $100,000 from $1 million, a figure many attorneys had called "ridiculous." John Sellers, director of the Berkeley, Calif.-based Ruckus Society, is charged with misdemeanors for allegedly orchestrating property damage during protests at the recent Republican National Convention. Co-defendant Terrence McGuckin's bail hearing was postponed until today. McGuckin, being held on $450,000 bail, is a leader of Philadelphia ACT UP, the largest chapter of the national AIDS advocacy group. Associated Press

Alabama: City votes against settling open-meetings lawsuit

The Tuscaloosa City Council voted Aug. 3 against settling a lawsuit filed by The Tuscaloosa News alleging violations of the state's open-meetings law. Both sides suggested changes to a judge's order to halt secret meetings about potential school board members. But the council said the proposed settlement didn't go far enough to protect some closed-door discussions on appointments to other city boards. In the lawsuit filed last year, the paper alleged the mayor and City Council were violating state open-meetings and public-records laws by discussing potential school board members in private. Circuit Judge Bernard Harwood agreed, saying the mayor and council members violated the law when they kept the names of potential board members from the public. Harwood had said he was willing to amend the order if both sides could agree. But council members said the newspaper's proposed language did not adequately address the issue of other city boards. Associated Press

Pennsylvania: Town can demand reason for public-records request

Officials in Milford Township can demand that a person requesting public records state in writing what records he or she is requesting and the reason for the request, under a resolution recently passed by town supervisors. The resolution also establishes a fee of 25 cents per page for copying documents and requires a township employee to be present during the inspection of records. Corinna Vecsey Wilson, general counsel for the Pennsylvania Newspaper Association, says the new regulations go beyond the spirit of the state's open-records law. "A citizen seeking a public record is not required to give a reason for his request," Vecsey Wilson said. Associated Press

Update

Federal appeals court reinstates Texas prayer case
Lawsuit claims school district had no right to prevent student from leading prayer before football games.  04.15.02

Related

Legislator returns church's campaign contributions
Americans United had asked IRS to look into Georgia church's contributions to state representative.  08.23.00