What makes us Americans?A C L U O F I N D I A N A | A N N U A L R E P O R T 2 0 1 6

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BOARD OF DIRECTORSTerri R. Jett, President, IndianapolisAndrea Cohen, Vice-President, IndianapolisMary Runnells, Secretary, BloomingtonCris Halter, Treasurer, IndianapolisSharon Russell, Affirmative Action Officer, Terre Haute Vanessa López Aguilera, IndianapolisAlice Bennett, MuncieStephen Briles, BloomingtonBryan Bullock, MerrillvilleDan Cook, IndianapolisGeorgia Cravey, IndianapolisJonathan Elkins, LafayetteLeonard Goldstein, Fort WayneGreg Hasty, FishersPat Helms, MuncieLarry Hesson, PlainfieldRobert J. Hohl, South BendJeanette Jones, MuncieJoan Laskowski, West LafayetteDorie Hertzel Maryan, MooresvilleKevin McElmurry, GaryMark E. Miller, EvansvilleNancy Papas, IndianapolisCaroline Richardson, IndianapolisAnne Riley, LafayetteRoberta Schonemann, West LafayetteJim Spangler, BloomingtonFran Watson, IndianapolisReba Boyd Wooden, GreenwoodSally Zweig, Indianapolis

STAFFJane Henegar, Executive DirectorKen Falk, Legal DirectorGavin Rose, Senior Staff AttorneyJan Mensz, Staff AttorneyKatie Blair, Director of AdvocacyKelly Jones Sharp, Director of Communications & EducationNeil Hudelson, Director of PhilanthropyLeigh Anne Sink, Office ManagerMichael Palmer, Legal Administrator-Paralegal

INTERNSChris Callahan Amy GuillotAbigail HaysKayleigh LongKelsie NageleSamantha PaulChelsea PrincellKaylee Sink

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E Pluribus Unum: Out of Many, OneIn a country filled with differences,

what makes us Americans? Our differences cut across culture and

tradition: differences in political viewpoints and religious beliefs; differences in ethnicity, nationality and race; differences in gender and sexual orientation; differences in income, abilities and geography.

Out of many, how do we become one? Reconciling our differences and finding our common purpose as a people and as a nation has been our persistent challenge since the founding of this country.

“We cannot however be regarded even at this time, as one homogenous mass, in which every thing that affects a part will affect in the same manner the whole. In framing a system which we wish to last for ages, we should not lose sight of the changes which ages will produce…. How is the danger in all cases of interested coalitions to oppress the minority to be guarded against?” —James Madison, 1787

How do we keep our differences from dividing us? How do we keep one group from vilifying and bullying another? How do we stand up to those who seek their own security and their own gain or comfort at the cost of another person’s freedom and chance at a better life?

We stand up with the U.S. Constitution as our shield and our sword. As a constant reminder of our shared core values.

Our defense of Syrian refugees is only the latest ACLU battle on behalf of those seeking liberty and a better life. As many times as our country may fall prey to our individual fears, the Constitution gives us courage and strength.

James Madison and his compatriots, as they drafted our Constitution, aspired to create a document that would bind us together by enshrining our shared values and by empowering us to reconcile our ever-evolving differences. And, if history and current events teach us anything, it is this:

What makes us Americans is how we live with one another’s differences—how we become one from many.

Making sure every one of us has the full force and protection of the Constitution is the work of the ACLU. We seek fair treatment, freedom and dignity for each and every one of us. We couldn’t do that work without you. You stand with us and with those we represent.

Together we are Americans and we are the American Civil Liberties Union because of our faith in the combined strength of individual freedom.

Thank you.

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Jane HenegarExecutive Director

Terri JettPresident

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January 28, 2016: ACLU of Indiana Legal Director Ken Falk addresses members of the media during a press conference to announce the settlement of a long-running class action lawsuit on behalf of Indiana Protection and Advocacy Services (IPAS). The agreement with the Indiana Department of Correction fundamentally transforms the way seriously mentally ill prisoners are treated in state correctional facilities and affects hundreds, if not thousands, of prisoners in Indiana. These prisoners will receive better access to mental health care and no longer be held in solitary confinement without treatment. PHOTO: John R. Gentry

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We live in interesting times. Never has the importance of the Bill of Rights, the foundational

document that protects individual liberty, been so apparent. The fact that this document, written in a much different time, can be used to shield and protect Syrian refugees fleeing unimaginable horror, women seeking to protect the right to make basic decisions about their own bodies, mentally ill prisoners who yearn to be released from the isolation of segregated confinement, persons seeking to worship the religion of their choice, same-sex couples who love each other and want nothing more than to marry—and countless others—is remarkable. The fact that the ACLU of Indiana exists for the sole purpose of making the promises of the Bill of Rights real is truly extraordinary. We do not support sides or positions. We support the Constitution. And this report gives testament to these efforts.

Elsewhere in this report there is mention of the fact that September marked 20 years since I began working at the ACLU of Indiana. Such a milestone could call for a recitation of the many cases that I and the other ACLU of Indiana attorneys have litigated and won in the last 20 years. But such a self-congratulatory retrospective would be contrary to the whole purpose of the ACLU of Indiana. We may celebrate a victory and mourn a loss, but we recognize that our work is to safeguard and protect the Constitution,

and for this we cannot look backward. Instead, our focus is always on current and future threats to our rights. Moreover, the important work we do transcends the individuals who perform it. We are the ACLU of Indiana.

Having said that, I do want to extend some thanks. I want to thank the executive directors with whom I have worked since I started. They have put up with me and I know that has not always been easy. They have provided the structure and framework so we can all do our work and so we can thrive. I also wanted to thank all the people with whom I have worked. We have been, and are blessed, with great staff attorneys. But, all members of the staff, from the time I started through the current time, have always been incredibly dedicated and committed to what we do. The attorneys get the credit, but I want to publicly acknowledge that there are others who deserve it.

I also want to thank the Board of Directors who have steered the organization so admirably. The Board is an eclectic group but they are united in the dedication with which they support the Bill of Rights. The same is true of our members. We are not a law firm

with a small number of lawyers litigating in a vacuum. We are a membership organization, and we are keenly aware that there are many people who follow what we do and proudly call themselves members of the ACLU of Indiana. We strive to earn that pride.

I also want to thank our clients. Frequently our clients come to us recognizing that their rights are in peril, but they are unable to articulate how and why. Seeing their enthusiasm and gratitude when we are able to transform their feelings into action—whether we win or lose—still is incredibly rewarding for me.

Finally, on a very personal note (from a person who never gets very personal) I want to thank my wife, who has lived with a public-interest lawyer and all that that has entailed for 39 years. I would not have the commitment I have without her commitment.

Well that is it. We will keep up the good work and I will thank everyone again in 20 years.

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—Ken Falk, ACLU of Indiana Legal Director

We may celebrate a victory and mourn a loss, but we recognize that our work is to safeguard and protect the Constitution,

and for this we cannot look backward.

We are all protected by the Bill of Rights

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The New ColossusNot like the brazen giant of Greek fame,

With conquering limbs astride from land to land;Here at our sea-washed, sunset gates shall stand

A mighty woman with a torch, whose flameIs the imprisoned lightning, and her nameMother of Exiles. From her beacon-hand

Glows world-wide welcome; her mild eyes commandThe air-bridged harbor that twin cities frame.

“Keep, ancient lands, your storied pomp!” cries sheWith silent lips. “Give me your tired, your poor,Your huddled masses yearning to breathe free,

The wretched refuse of your teeming shore.Send these, the homeless, tempest-tost to me,

I lift my lamp beside the golden door!”Emma Lazarus, 1883

We are a nation of immigrantsI M M I G R A N T s’ R I G H T S

The Statue of Liberty holds her torch high over New York Harbor, welcoming today’s immigrants just

as she welcomed many grandmothers and grandfathers who came to this country seeking the freedom and prosperity a constitutional democracy affords. The inscription at her base, a poem by Emma Lazarus (inset), captures the promise of America. The broken chains that lie at her feet represent freedom from tyranny; the tablet in her left hand—inscribed with the date of our independence—represents the rule of law. Her torch has become a symbol of liberty for all Americans, no matter how or when we came to these shores.

Over the past year, Syrian refugees and other immigrants in Indiana and across the country have been targets of attempts to preempt federal law and circumvent the U.S. Constitution. In November 2015, Governor Mike Pence directed the Indiana Family and Social Services Administration to stop its distribution of federal funds to nonprofit agencies that provide resettlement services to Syrian refugees. The ACLU filed suit on behalf of one of these agencies, Exodus Refugee Immigration, pointing out the harm and ineffectualness of the state’s discrimination based on national origin. “There is no border around the state of Indiana that prevents people from entering our state who may move

freely within the United States,” said legal director Ken Falk. The federal government—not the states—has the authority to make immigration decisions.

At the end of February, a federal judge ordered the state to resume payments to Exodus. The state appealed, and a three judge panel for the U.S. Court of Appeals for the Seventh Circuit quickly and summarily upheld the lower court ruling in favor of the ACLU and its client. “The district judge granted a preliminary injunction in favor of Exodus because she believes it likely to prevail in the trial on the merits that is the usual next state of litigation after the issuance of such an injunction. She was right, and therefore the preliminary injunction is AFFIRMED.”

The troubling and persistent talk of building a wall on our border with Mexico, banning Muslims from entering the United States, and ordering the mass deportation of 11 million undocumented immigrants requires our constant vigilance in defense of liberty. The fundamental constitutional protections of freedom of religion, due process and equal protection embodied in our Constitution and Bill of Rights apply to every person, regardless of immigration status. The ACLU of Indiana and national ACLU will continue to ensure that no person, based on national origin, religion or immigration status, is the target of discrimination.

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TOP | January 27, 2016: Freedom Indiana supporters gathered at the Indiana Statehouse rotunda to rally against RFRA and for statewide nondiscrimination protections for LGBT Hoosiers. PHOTOS: John R. Gentry

BOTTOM | April 9, 2016: Opponents of HEA 1337, an anti-abortion bill, rallied outside the Statehouse. Planned Parenthood and the ACLU challenged the law and prevented it from taking effect on July 1. PHOTOS: Chelsea Hudelson

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We speak truth to powerp r o t e s t i n g

The right to peaceably assemble and petition the government for a redress of grievances is protected by the

First Amendment to the U.S. Constitution. Americans have exercised these rights throughout our history, whether to protest war, gain the right to vote, improve conditions in the workplace or in housing, or secure equal rights for women, LGBT people or African Americans.

The ACLU of Indiana and our coalition partners have been at the forefront of bringing Hoosiers together to petition the government through the power of protest. In January, we gathered at the Indiana Statehouse to stop a Super RFRA from taking effect and to call on lawmakers to pass LGBT non-discrimination legislation. In April, we joined forces with supporters of reproductive rights to oppose HEA 1337, a bill that imposed unconstitutional restrictions on women seeking abortions and on their healthcare providers.

We filed suit in June on behalf of a group that advocates for the legalization of marijuana, Higher Society of Indiana. When the group sought to hold a rally at the Tippecanoe County Courthouse in Lafayette, county commissioners denied them access, citing a “closed forum” policy that allows the commissioners individually and as a whole to determine which favored groups have access to the courthouse and which do not.

We stopped the City of Beech Grove from censoring online speech of residents seeking to ask valid questions on the city’s Facebook page about its crime reporting and its removal of political yard signs. The Constitution forbids a city from regulating content based on a user’s viewpoint.

In October we won a preliminary injunction in a class action lawsuit against the East Chicago Housing Authority (ECHA) to stop warrantless, non-consensual entry into the homes of residents, including the use of drug-sniffing dogs in the halls and units of

apartment buildings, saying these searches violate the Fourth Amendment to the U.S. Constitution. And we stood up against ECHA on behalf of residents who were threatened with eviction for exercising their First Amendment rights to protest squalid conditions in public housing.

When Americans speak truth to power, we can bring to light government overreach and abuse, and make a real difference in the lives of people. The ACLU will continue to work daily to protect these First Amendment rights, which are fundamental to a functioning democracy.

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Can speech be restricted just because it is controversial?No. Any restrictions on speech must apply to all speech regardless of viewpoint.

Do we need a permit to hold a protest?If you stay on the sidewalks, obey traffic signals, and do not block normal pedestrian movement, you should not need a permit.

Examples of events that may require permits:• A march that will block traffic or close streets;• A rally that uses amplifiers; or• Group demonstrations at certain parks or plazas.

May I photograph or videotape during protests?Yes. When you are lawfully in an outdoor public space, you may photograph anything in plain view, including federal buildings, transportation facilities and police activity. Generally, police may not confiscate or demand to view your photographs or video without a warrant, nor may they delete your images. They may order you to cease activities that interfere with law enforcement.

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L-R: Former ACLU of Indiana legal interns Matt Hults and Sarah Asrar tweeted us their ballot selfies after voting early in the 2016 Primary Election.

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We are a government of the peopleV O T I N G R I G H T S

America was constructed as a representative government. Though we have stumbled, our nation

continues on its path to a full and vibrant democracy. The Fifteenth and Nineteenth Amendments to the U.S. Constitution extended the right to vote to citizens without regard to race, color, previous condition of servitude and sex. But because states possess broad powers to affect this right, protecting the right to vote requires vigilance that the ACLU, with a national office and affiliates in every state, is uniquely equipped to provide.

“There is no more important right in our Constitution than that of exercising a meaningful vote,” said legal director Ken Falk, in the wake of a Seventh Circuit Court of Appeals ruling last fall that has implications in the upcoming election. On behalf of Common Cause Indiana, we challenged the constitutionality of a state law that had the effect of rendering the election of judges in Marion County a mere formality.

Under the law, each of the major political parties conducted a primary election at which each party selected exactly half of the seats to be filled in Marion Superior Court. Voters in Marion County who did not cast a ballot in the primary election had absolutely no say in

electing judges to the Court. Even people who did vote in the primary election had a say in only half of the judgeships.

Rendering a judgment in our favor, the Court concluded: “When an election law reduces or forecloses the opportunity for electoral choice, it restricts a market where a voter might effectively and meaningfully exercise his choice between competing candidates, and thus severely burdens the right to vote.”

We also won a favorable ruling in district court last fall in ICLU v. Indiana Secretary of State, filed on behalf of ACLU of Indiana members. This case challenged a state law that

made taking a picture of one’s ballot at the polls a level six felony. We said, and the judge agreed, that the law placed content-based restrictions on speech that violated the First Amendment.

This country has come a long way since voting rights were extended only to white male adult property holders. We’ve passed numerous constitutional amendments to protect and expand the franchise, most recently in 1971 giving 18 year-olds the right to vote. We and the national ACLU will continue to work tirelessly to ensure voting rights are protected for everyone.

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You have the right to vote in Indiana if:• You are both a U.S. citizen and a resident of Indiana;

• You will be at least 18 years of age on or before the next General or Municipal Election;

• You are not currently in prison after being convicted of a crime;

• You have lived in the precinct where you vote for at least 30 days prior to the election; and

• You are registered to vote.Source: IndianaVoters.in.gov

RememberYou must take a valid photo ID/driver’s license/proof of residency to the polls on Election Day.

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June 30, 2016: ACLU attorneys and PPINK President and CEO Betty Cockrum address the media after a federal judge blocked key features of an anti-abortion measure. The law, which would have gone into effect July 1, imposed unprecedented, unconstitutional restrictions on women seeking abortions and on their health care providers. PHOTO: John R. Gentry

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We have certain unalienable rightsR E P R O D U C T I V E R I G H T S

When The New York Times reported in March that Google searches into self-induced

abortions had risen in the previous year to more than 700,000, it made a startling assertion: “[These searches] show a hidden demand for self-induced abortion reminiscent of the era before Roe v. Wade.” The report brought to mind women using coat hangers and other back-alley methods to end a pregnancy. In fact, the rise in searches for DIY abortions, according to The Times, is correlated with the dwindling number of abortion clinics per capita.

Then in June came the most significant abortion-related ruling in more than two decades. The U.S. Supreme Court in Whole Woman’s Health v. Hellerstedt struck down a Texas statute that would have shuttered half of that state’s abortion clinics. In so doing, the Court strongly reaffirmed that state or federal laws that directly or indirectly deny a woman the right to a safe and legal abortion violate Constitutional protections of privacy.

On the heels of this historic Supreme Court ruling the ACLU achieved victory in Indiana on behalf of Planned Parenthood of

Indiana and Kentucky, when a federal judge blocked key features of an anti-abortion measure scheduled to go into effect July 1. The law would have imposed unprecedented, unconstitutional restrictions on women seeking abortions and on their health care providers. It would have been the strictest abortion law in the United States, prohibiting a woman from getting an abortion based on her reason for doing so. Other parts of the law that were blocked included a requirement that women be informed of the

unconstitutional restrictions, and a provision that required fetal tissue to be disposed of in the same manner as human remains

Going forward, Whole Woman’s Health v. Hellerstedt will have a tremendous impact on legal challenges to abortion laws in Indiana and across the country, enabling the ACLU to make much needed progress in stopping laws that pose an undue burden on a woman’s right to determine whether and when to continue a pregnancy.

Working in legislatures and in the courtsMany hospitals, insurance companies, pharmacies and other health care entities receive taxpayer funding, yet deny women basic care such as birth control, emergency contraception and abortion, in the name of religion.

The ACLU works in legislatures and in the courts to ensure that women are not denied information and the health care they need because of the religious views of lawmakers and health care providers.

Anti-choice measures introduced in 2016*Nationally: 445

Indiana: 9

*As of Aug. 16, 2016 Source: The Guttmacher Institute

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Protecting the minority from the tyranny of the majority

James Madison, in drafting the Bill of Rights, said, “…the great object in view is to limit and qualify the powers of government, …sometimes against the abuse of the executive power, sometimes against the legislative, and, in some cases, against the community itself; or, in other words, against the majority in favor of the minority.”

— James Madison, Delegate to the Continental Congress, Member of the U.S. House of Representatives, Fourth U.S. President. “The Debates and Proceedings in the Congress of the United States, House of Representatives, First Congress,1st Session,” 1789

We have secured the blessings of libertyR E L I G I O U S L I B E R T Y

The First Amendment to the U.S. Constitution prevents our government from telling us how,

where, when, what or whether to worship, and it ensures that we may worship, or not, as we please. On the world stage, these rights have always made the United States a beacon of liberty. We are protected from religious persecution, unlike many people in the world. Yet because of repeated attempts to force religion into the public sphere, we are often reminded that religious liberties must be guarded with vigilance and with a strict adherence to principle.

When a child in a northern Indiana school and his father complained of being excluded from the school’s holiday celebration because of their religious beliefs, we filed suit on behalf of them and the Freedom from Religion Foundation. Each year, Concord High School stages several performances of a “Christmas Spectacular,” which concludes with a 20-minute live nativity scene and scriptural reading telling the story of the birth of Jesus Christ. We challenged this practice for violating the Establishment Clause. In response to a preliminary injunction we won, the school made changes to the program last December. The case is still ongoing.

In June we negotiated a settlement in a class action lawsuit on behalf of prisoners within the Indiana Department of Correction who require a kosher meal to satisfy their sincerely held religious beliefs, one of a number of cases we litigated for the religious rights of those who are incarcerated.

We settled a case in August on behalf of a Fayette county woman who challenged an unconstitutional stop by an Indiana State Police Trooper who engaged in proselytizing by asking the woman if she had been “saved” and giving her directions to his church.

Our work this year in the Statehouse with coalition partners prevented the passage of onerous legislation that would have permitted the use of religion to discriminate against LGBT Hoosiers.

We believe, along with many Hoosiers, that freedom of religion and freedom from discrimination can coexist. The ACLU has fought long and hard for religious liberty for all faiths for nearly 100 years, and we will continue to fight for these rights in legislatures and in courts.

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The ACLU is a fierce defender of free speech. The marketplace of ideas works only if all voices are heard. In taking a stand against everyday bigotry, we should always remember that

speaking up and listening go hand-in-hand. What we say matters.

Six steps to speaking up against everyday bigotry1. Be prepared. Know that bigoted comments or behavior can happen at any time and promise yourself

not to remain silent.2. Identify the behavior. Tell the person what you heard them say or saw them do, and ask them what

they meant by it.3. Appeal to principles. Say “I’ve always known you to be a fair-minded person, so it shocks me

to hear you say….”4. Set limits. Let others know they are not permitted to tell bigoted jokes in your presence

or include you in email chains.5. Be an ally. Leading by example may inspire others to do the same.6. Be vigilant. Remember that change happens slowly, but with each small step, change will happen.

- Adapted from: Speak Up! Responding to Everyday Bigotry, Southern Poverty Law Center, 2015

We promote the general welfaree q u a l r i g h t s

Denying fair treatment to anyone, especially those who are most vulnerable in our society, goes

against our values as Hoosiers and as Americans. Our work to hold the government accountable to the Constitutional protections of everyone, adult and child, is impacted by state and federal laws.

Extended families have long been crucial to the proper care and development of children, particularly when parents are unable to care for their children themselves. Grandparents in Greene County who were providing foster care for their special needs grandchildren sought to adopt them, but were faced with a financial dilemma. If they adopted the three children, who had profound disabilities, the Indiana Department of Child Services would severely cut assistance amounts they were receiving for the children’s care. We filed suit citing violations of the Social Security Act. This family would have been unable to receive the assistance they needed to care for their grandchildren without our help.

In a case we are pursuing in the Indiana Court of Appeals, we are challenging DCS for violating state law by allowing caseloads to rise far in excess of mandatory state standards. According to the law, a case manager who monitors and supervises active cases of child abuse and neglect may supervise no more than 17 children at one

time. Our client’s caseload of 43 children made it extremely difficult, if not impossible, for her to protect those vulnerable children and effectively meet all of their needs, even when she worked significantly more than 40 hours per week.

Following a victory in the Seventh Circuit Court of Appeals in May, we are in conversations to settle a lawsuit against the Indiana Family and Social Services Administration challenging the way in which the agency operates two of its Medicaid waiver programs, the Community Integration

and Habilitation Waiver (CIH) and the Aged and Disabled Waiver (A&D). In late 2012 and early 2013, FSSA required some Hoosiers on these programs to switch to other programs with fewer services. These programs—on which thousands of Hoosiers rely—offer services that enable people to live in their communities even though their disabling conditions would otherwise require that they be institutionalized. The inherent dignity of all people is at the heart of our social justice work in Indiana and across the country. We will continue to take a stand for those who need us most.

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September 16, 2016: The ACLU of Indiana and several community partners distributed 1,000 pocket-sized U.S. Constitutions on Monument Circle in recognition of Constitution Day. PHOTO: John R. Gentry

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How to Get InvolvedDuring the 2017 legislative session, which begins in November and ends in April, you can stay informed about these issues and more by signing up for our email alerts at www.aclu-in.org. We will send you details of any demonstrations or rallies we are hosting or supporting, and provide you opportunities and information so you can contact lawmakers and elected officials across the state about specific bills. Don’t stay on the sidelines! Be part of our efforts.

We’re building strength in communities around the state

A d v o c a c y

The ACLU of Indiana works with lawmakers and coalition partners to raise awareness, support community

action, pass legislation that protects Hoosiers’ constitutional rights and beat back bad bills that infringe on our rights. Our leadership role in the state has helped to catapult important issues to the forefront.

Across the state after last year’s RFRA debacle, Hoosiers spoke out loud and clear: people who are lesbian, gay, bisexual and transgender must be afforded the full protections of the Constitution under Indiana’s civil rights law. This year, the ACLU of Indiana worked again with Freedom Indiana to push lawmakers to update Indiana law to protect LGBT Hoosiers from discrimination. The coalition worked with community leaders, lawmakers and grassroots activists to educate the public about transgender rights and the need for statewide nondiscrimination protections.

Activists made 29,000 phone calls and wrote 61,000 letters and emails to lawmakers, and contributed to countless community discussions on the need for LGBT people

to be protected in Indiana. As a result of these conversations, several cities and towns around the state passed or updated Human Rights Ordinances to afford LGBT residents such protections.

Since the passage of RFRA in 2015, we have helped communities in their efforts to secure protections for an additional half a million Hoosiers who are now covered by a Human Rights Ordinance in their communities.

But there is still much more work to be done to ensure that everyone can be free of discrimination in housing, employment and public accommodations. The groundwork we laid is vital to continued efforts in the General Assembly to update state law to protect LGBT Hoosiers.

Many people have questions and concerns about their constitutional rights when engaging with law enforcement. The ACLU of Indiana has emerged as a trusted expert on this topic, responding to requests from a number of organizations and community groups across the state for “know your rights” training. As part of the Race and Cultural Relations Leadership Network, we meet monthly with community leaders to discuss racial justice issues.

We formed new partnerships with organizations around the state advocating for redistricting reform. As a member of the Indiana Coalition for Independent Redistricting, we attended numerous community meetings and committee meetings at the Statehouse, urging our legislature to put an end to gerrymandering.

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July 7, 2016: Panelists for discussion on racial justice and policing before a film screening of “Straight Outta Compton,” L-R: Joseph Lennis Tucker Edmonds; Marc Williams, a.k.a. “Mr. Kinetik,”; Ariana Beedie, a.k.a. “Ari Attack,”; LaWanda W. Ward; Martin V. Whitfield. PHOTO: John R. Gentry

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2017 First WednesdaysHere are the dates of our First Wednesdays community conversations for next year. Please follow our social media and visit aclu-in.org to learn more!

• February 8, 2017 – Butler University, Indianapolis (as part of Founders’ Week, will be held on the 2nd Wednesday)

• April 5, 2017: East Chicago

• June 7, 2017: Fort Wayne

• September 6, 2017: New Albany

• November 1, 2017: Bloomington

Topics will be announced at aclu-in.org.

We’re working across Indiana to bring you the conversations that matter

e d u c a t i o n

This summer in the midst of national tragedy, the ACLU of Indiana brought together a broad coalition

of community partners to have a thought-provoking conversation about racial justice, policing and free speech. More than 350 people attended our panel discussion on racial justice and screening of the film Straight Outta Compton, held at the Indianapolis Museum of Art on July 7 in the wake of the killings of Alton Sterling in Baton Rouge and Philando Castile in Minneapolis, and on the eve of the shootings of five police officers in Dallas.

Our panel was moderated by the late Pastor Michael K. Jones of WTLC A.M. 1310,* and our partners included the Indianapolis Museum of Art, Indy10, Greater Indianapolis NAACP, IUPUI Department of Africana Studies, LaShawnda Crowe Storm and the Lynch Quilts Project, and hip-hop radio station Boom 102.9.

Conversations such as this one are critically important in this moment. Excessive use of force against people of color has been a fact of life in many communities for decades, accompanied by mass incarceration,

lack of opportunity, and other products of discrimination. Yet solutions to the entrenched problems of inequality remain elusive. Fairness and justice demand that we all work to end racial profiling and the epidemic of police violence against people of color, whether or not we see this violence in our own communities.

Our statewide First Wednesdays lunchtime panel discussions are another important means of reaching Hoosiers on critical issues. In 2016, we brought discussions

about racial justice, campus speech and transgender rights to Butler University in Indianapolis and to the communities of Evansville, South Bend and West Lafayette. We hold our final panel discussion of the year on November 2 in Indianapolis.

*All of us at the ACLU of Indiana were shocked and deeply saddened by the sudden death of Pastor Jones at age 52, mere weeks after our Compton event. His voice in the Indianapolis community will be greatly missed.

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Happy Constitution Day! The ACLU of Indiana would like to thank members of our board, volunteers and these community partners: Exodus Refugee Immigration Inc., Freedom Indiana, Greater Indianapolis NAACP, Immigrant Welcome Center, Muslim Alliance of Indiana, Planned Parenthood of Indiana and Kentucky and the Indianapolis Jewish Community Relations Council for helping us distribute 1,000 pocket-sized U.S. Constitutions on Monument Circle on Sept. 16. PHOTO: John R. Gentry

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We’re forging ahead toward a more perfect union

a l o o k a h e a d

Abortion Rights: We remain vigilant in our opposition to Indiana laws that unduly burden a woman’s right to determine whether and when to continue a pregnancy. Going forward, the Supreme Court ruling, Whole Women’s Health v. Hellerstedt, could strengthen our federal lawsuits challenging Indiana laws that pose an undue burden on a woman’s right to a safe and legal abortion.

Immigration: Government may not target a single nationality, impose a complete shutdown of Muslims entering the United States or order the mass deportation of 11 million undocumented people in the United States. We will continue to defend Syrian refugees and others who are targeted for discrimination on the basis of their religion, ethnicity or country of origin.

LGBT Rights: In many communities, hardworking gay and transgender people can be denied a job, evicted from their apartment or refused service by a business just because of who they are. While some people try to evoke fear and excuse discrimination under the guise of religious freedom, we assert that freedom of religion and freedom from discrimination, both protected by the Constitution, can coexist. We will not rest until full rights and protections are realized for all Hoosiers and all Americans.

Prisoner Rights: A measure of our humanity is our treatment of those who are incarcerated. We will continue our round-the-clock efforts to monitor the treatment of prisoners in state facilities and local jails, including overcrowding, mental health treatment, punitive or unnecessary solitary confinement and infringements on First Amendment rights of free speech and religious liberty.

Racial Justice: More than 200 years after the United States of America created a bold vision for itself, that “all men are created equal,” the dream of full equality remains an elusive one. The work of the ACLU across dozens of issues often intersects with our work in racial justice. These challenges are steep, but as Americans, we are united by the rule of law and an unquenchable thirst for justice.

Surveillance & National Security: Technology continues to provide new challenges to Fourth Amendment protections against unreasonable searches and seizures. If a president were to act unilaterally or convince Congress to implement a surveillance program of Muslims or to authorize the use of waterboarding, as has been proposed, the ACLU would be ready to take action. We cannot abandon the rule of law and our own humanity out of fear.

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Honoring Ken Falk’s 20 years at the ACLU

The day after 22 year-old Ken Falk graduated from Columbia Law School, he packed up his car, drove to Muncie,

Indiana, and started a career defending and advancing the rights, freedom and dignity of all individuals. Thus launched a path that in 1996 brought Ken to the ACLU of Indiana where as legal director he has served the needs of countless individuals and groups with wit, wisdom and brilliant litigation in courts of law in Indiana as well as the U.S. Court of Appeals for the Seventh Circuit and even the U.S. Supreme Court.

In celebration of the 20th Anniversary of Ken Falk’s leadership as legal director of the ACLU of Indiana, the Constitutional Law Forum was created this year as an opportunity for lawyers to gain insider knowledge of the

headline-generating work of Ken and his team and participate in the broader discussion of contemporary civil liberties issues.

At the formal launch of the forum, retired Federal Court of Appeals Judge John Tinder talked with Ken about Freedom of Speech in challenging times. Judge Tinder opened the conversation by recognizing Ken’s 20th anniversary as Legal Director for the ACLU of Indiana. Reflecting on the quality of Ken’s advocacy and his civility toward all, both of which make having him in one’s court a pleasure, Judge Tinder continued, “Ken Falk is a gift to judges in Indiana.”

Through his early work at Indiana Legal Services and during the last 20 years leading the ACLU of Indiana’s legal department, Ken has been a tireless advocate for the marginalized and a voice for the voiceless. He has improved people’s lives and shaped the law. And he has done all this while earning the respect and admiration of the legal community.

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1. ACLU Staff under executive director Sheila Suess Kennedy (1992–1998): “The best decision I made during my time as executive director of Indiana’s ACLU was to hire Ken Falk as the affiliate’s legal director.… [Ken is] a thoroughly kind, empathetic and modest person who consistently applies his formidable legal skills and incredible work ethic to pursuing that elusive thing called justice.” 2. Ken circa. late 1990s. 3. Ken at IPAS Press Conference, January 2016. PHOTO: John R. Gentry

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Constitutional Law Forum

Don Lundberg, Barnes & Thornburg LLP Steering Committee Co-chair

Sally Zweig, Katz & Korin, PCSteering Committee Co-chair

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Constitutional Law Forum Steering Committee

Jessie Cook, Law Offices of Jessie A. CookRon Elberger, Bose McKinney & Evans LLP

Julia Gelinas, Frost Brown Todd LLCDavid Herzog, Faegre Baker Daniels LLP

Brenda Horn, Ice Miller LLPSheila Suess Kennedy, IUPUI

Mark Miller, Bowers Harrison LLPBill Moreau, Barnes & Thornburg LLP

George Plews, Plews Shadley Racher & BraunChris Scanlon, Faegre Baker Daniels LLP

Richard Shevitz, Cohen & Malad, LLPTom Funk, Krieg DeVault LLP

“In a very real sense, Ken Falk and the ACLU of Indiana do not represent individuals or corporate entities, but instead the Constitution of the United States. There is no more important role lawyers play in our system of justice than protecting and

preserving our constitutional rights, and Ken has been the champion of those rights for 20 years.”

—Richard Kiefer, Partner, Bingham Greenebaum Doll LLP, Constitutional Law Forum Lifetime Member

Lawyers who join the Constitutional Law Forum support Ken Falk and the ACLU of Indiana’s targeted and

strategic work in defending and expanding our rights and liberties. Members of the CLF participate in biannual civil liberties discussions on challenging constitutional issues of our time, such as the conversation with Judge Tinder, and receive numerous benefits including advance invitations to important ACLU hearings, legislative briefings from ACLU of Indiana staff and an inside look at key national ACLU cases.

Law firms that sponsor the Constitutional Law Forum receive numerous benefits commensurate with their level of support,

including memberships in the CLF for the firm’s lawyers, free admission to ACLU of Indiana continuing legal education (CLE) programs and sponsorship recognition on our website and in our annual report.

A special thank you to Barnes and Thornburg for being an inaugural sponsor of the Constitutional Law Forum.

If you are a lawyer interested in joining the Constitutional Law Forum, or a firm interested in sponsorship, and you would like more information, please contact Neil Hudelson at nhudelson@aclu-in.org or 317-759-6421.

The Constitutional Law Forum is made possible by a gift from the Glick Fund, a fund of the Central Indiana

Community Foundation. Now through December 31, 2016,

the Glick Fund is matching dollar-for-dollar

every new membership contribution to the Constitutional Law Forum.

Some restrictions do apply.

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2016 FinancialsThe ability of the ACLU of Indiana to defend and advance civil liberties depends on the financial support of our donors. Thank you. Contributions to the ACLU of Indiana Foundation are tax deductible. Combined budgets for the ACLU of Indiana, a 501c(4) tax-exempt nonprofit organization, and the ACLU of Indiana Foundation, a 501c(3) tax-exempt nonprofit organization, for the last fiscal year ending March 31, 2016. Audit statements are available from the ACLU of Indiana office.

Revenue & SupportFundraising, donations, and event income: $364,050Other income: $305,783Membership income: $99,446

Total Revenue: $769,279

ExpensesLegal: $453,310Advocacy, Communication & Education: $250,171Management & General: $253,166Fundraising: $87,233

Total Expenses: $1,043,880

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Thank YouThe ACLU of Indiana’s work is made possible by the support of thousands of individuals throughout Indiana who care passionately about

a just and free society. For more than 60 years in Indiana, and nearly 100 years nationwide, the ACLU has been our nation’s guardian of liberty, working in courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed by our state’s

and nation’s Constitutions and laws.

The ACLU is nonprofit and nonpartisan. We do not receive any government funding. Contributions from individuals, grants from private foundations and member dues support our work. A special thanks to the following foundations and firms who have gone above and beyond by sponsoring the ACLU of Indiana:

VOLUNTEERSThe work of the ACLU of Indiana would not be possible without the support of many dedicated volunteers and members who give their time and talent to the organization. THANK YOU!

Sarah Asrar, Legal IntakeRae Baskin & Esther Fuller, EventsAnn Pierson D’Angelo, Legal Intake & EventsRoger Frick, Legal Intake & Events

John R. Gentry, PhotographyAnnie Hostetter, Office AdministrationJessie Howenstine, Legal IntakeChelsea Hudelson, Photography

Amber Kline, CommunicationsJessica Mardini, Legal IntakeJack Quigley, Legal IntakeSheila Willard, Legal Intake

Everyone can be a champion for liberty and justice. If you would like to discuss how your donation, sponsorship or planned gift can make a lasting difference, or if you would like more information on the benefits of becoming a sponsoring organization, please contact Neil Hudelson at nhudelson@aclu-in.org.

Annual Report designed by Pam Fraizer, FraizerDesigns, LLCThe Annual Report is a joint publication of the American Civil Liberties Union of Indiana and the American Civil Liberties Union of Indiana Foundation. The report refers collectively to the two organizations as the ACLU of Indiana.

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1 0 3 1 E A ST WA S H I N G T O N S T R E E T | I N D I A N AP O L I S , I N 4 6 2 0 2 - 3 9 5 2

w w w . a c l u - i n . o r g • @ a c l u i n d i a n a

What makes us Americans? The same values that make us HoosiersHappy Bicentennial! In June 1816, 43 delegates representing counties in the Indiana Territory met inside

the Harrison County Courthouse in Corydon, Ind., to draft the Constitution of the State of Indiana. These delegates often met under a giant elm tree since referred to as the Constitution Elm to escape the summer heat.

Photo has been digitally enhanced to appear as a color photo. PHOTO: Indiana Historical Society

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