Monica Jones' Conviction Overturned in AZ Superior Court!

Hooray!The state will no doubt want to refile charges, so stay tuned. I suspect this isn't over...

Sent: Monday, January 26, 2015 10:20 AM
Subject: ACLU News: Monica Jones Conviction Overturned

Good afternoon,

Crystal here from the ACLU, writing to inform you that Monica Jones’ conviction for manifesting intent to solicit prostitution was overturned today by the Superior Court of Arizona.

Jones was arrested and charged in May 2013 under a Phoenix law that the ACLU and others have argued is unconstitutional. In April 2014 she was convicted and then in August of that year she appealed her conviction. The ACLU filed an amicus brief in support of her appeal and has been supporting her since her arrest. Here is a background blog on her case: https://www.aclu.org/blog/lgbt-rights/when-walking-down-street-crime.

Monica Jones comment:
 
“Today is a great day! My wrongful conviction under the Phoenix manifestation law was vacated this morning. I am so grateful to my legal team and all of my supporters across the country and world. My conviction being vacated is important but it is a small win in our larger fight for justice. There are so many trans women and cisgender women who might be charged under this law in Phoenix and similar laws across the country. There is so much more work that needs to be done so that no one will have to face what I have no matter who they are or what past convictions they have.”

Comments from legal team:

• Jean-Jacques “J” Cabou, a partner at the law firm of PerkinsCoie who represented Monica in her appeal and argued her case, said: “Monica was convicted in an unconstitutional trial, under an unconstitutional law, of a crime she didn’t commit.  We are incredibly pleased that the appellate court agreed that Monica was unconstitutionally denied the presumption of innocence and that the court vacated her conviction.”                     
   
• Chase Strangio, a staff attorney with the ACLU’s LGBT & HIV Project, who has been working with Monica for the past year and a half, said: “Like so many trans women of color, Monica Jones was profiled and targeted by police for walking down the street. Today’s reversal of her conviction is an important validation of Monica’s brave fight to be seen and treated like a human being.”
   
• Dan Pochoda, senior counsel at the ACLU of Arizona, who has also been working on Monica’s case, noted: “Monica Jones was targeted by law enforcement after her public opposition to the coercive treatment of sex workers by Project ROSE. The demise of this Project is based on the inaccurate claim that most adult sex workers are "trafficked" is further vindication of Monica.”

The order can be found here: https://www.aclu.org/sites/default/files/assets/monica_jones_conviction_reversed.pdf. Happy to connect you to Monica Jones and her legal team for further discussion. You can reach me at 212-519-7894.

Best,
Crystal Cooper
Media Strategist
American Civil Liberties Union
125 Broad St., New York, NY 10004
■ 212.519.7894 ■ ccooper@aclu.org

AUG 5: Conversation with Monica Jones and Laverne Cox: The Criminalization of Trans Women of Color and Visions for Justice

from SWOP-Phoenix and the ACLU of Arizona, 7:30 on August 5 at the Herberger!

Conversation with Monica Jones and Laverne Cox: 

The Criminalization of Trans Women of Color and Visions for Justice

Herberger Theater Center- Stage West

Tuesday, August 5, 2014, 7:30PM

Doors open at 7PM for pre-registered seating and 7:15PM for general seating

Alongside Arizona’s already brutal racial profiling laws, severe anti-prostitution statutes enable police to profile and harass people of color, people in poverty, and LGBTQ people. Trans women of color disproportionately face the discriminatory and detrimental effects of these laws.

Join us for a discussion with Emmy-nominated actress Laverne Cox and Phoenix activist Monica Jones about the fight for fairness and justice for trans people.

Jones, a social work graduate student at ASU and advocate for sex worker rights, is currently fighting a conviction for “manifesting prostitution”-- a crime in Phoenix that some have taken to calling “walking while trans.” Cox is the star of the critically acclaimed Netflix series “Orange Is the New Black” and an outspoken advocate for the LGBTQ community.

This event is free and open to the public. Pre-registration is strongly encouraged. To register for this event, visit: www.acluaz.org/standwithmonica

RSVP on Facebook here

 

Sponsored by the American Civil Liberties Union (ACLU) of Arizona and Phoenix Sex Workers Outreach Project (SWOP) with generous support from the Herberger Theater Center

Still standing with Monica Jones: Trial tomorrow!

UPDATE (3/18/14): MONICA'S TRIAL POSTPONED UNTIL APRIL 11, 2014 DUE TO CONSTITUTIONAL CHALLENGES. STAY TUNED!

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STAND WITH MONICA JONES!

Friday, March 14 8:00am /  Phoenix Municipal Court / 300 W. Washington St. PHX 85003

Thanks to Darby Hickey and the Best Practices Policy Project for their support!

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Monica Jones and the Fight Against Racial and Gender Police Profiling in the U.S.

DARBY HICKEY
huffington post
3/12/2014

On March 14, Monica Jones goes to court. She will plead not guilty to manifestation of prostitution. And she will be making history in the process.


Monica is fighting back against a system that normally churns people through the cogs of justice with little resistance. Across the U.S., individuals (most of them women, many of them trans, but men too) arrested and charged on prostitution-related charges usually enter guilty pleas. When evidence consists of a police officer's word against yours, combined with social stigma towards sex workers or those profiled as such, plus overburdened and ill-prepared defense lawyers, you don't go to bat for your own innocence. You take the plea and hope for the best.

But Monica wasn't having that. She was arrested after protesting Arizona's harsh criminal justice system, which includes exceptionally stringent provisions on prostitution. She was protesting a program in Phoenix that ostensibly helps people involved in commercial sex to avoid criminal prosecution and get help, but instead sends the majority of them to jail after they "fail" the program. But as a black trans woman, she might well have been arrested anyway, thanks to a phenomenon we call "Walking While Trans." If you are a trans woman or have ever worked with us, you likely know this phrase. It describes the experience of constantly being harassed and sometimes arrested by police, who assume, simply by your existence as a trans women (particularly if you are a trans woman of color) that you must be engaging in commercial sex. All the time, everywhere.

In other words, "Walking While Trans" is a succinct summation of the interconnected biases against trans women (and trans people more broadly, sometimes called transphobia) and against people who trade sexual services for money or other things (sometimes called whorephobia) and bound up in that special sauce of racism.

The ground-breaking part is how Monica is fighting back against all of this. Her case is emblematic of how law enforcement violates people's civil rights on a regular basis not only in Phoenix but across the U.S. She is challenging the criminalization of herself and her community, the criminalization of trans people and black people and sex workers and people of color.

Monica and other human rights defenders in Phoenix are taking their fight not just to U.S. courts, but also to the United Nations. They have already submitted a report to the UN on the U.S. government's compliance with the International Covenant on Civil and Political Rights (ICCPR). And advocates working with Monica will be in Geneva for the UN Human Rights Council's review of U.S. obligations under ICCPR the same day that Monica will be in court in Phoenix. It will be a day of action to confront racist and sexist policing.

Monica and others are also calling out those who claim to want to help sex workers, by treating people in the sex trade as victims instead of criminals -- and who think arresting sex workers is how you "help" them. New collaborations between police and non-governmental organizations, such as Project ROSE in Phoenix, allege to provide alternatives to incarceration for people involved in sex trade. Perversely, these efforts actually increase the numbers of people arrested under prostitution laws through street sweeps and mass online sting operations. In the case of Project ROSE, part of the process of "helping victims" involves taking them to a church where they interview with police and prosecutors but aren't allowed to speak with defense lawyers. Arrestees all but plead guilty in joining the program, and if they fail to meet attendance requirements -- as 70 percent of them do -- they end up in jail.

The rights violations that police commit in the course of enforcing anti-prostitution and other "quality of life" laws are so pervasive and those targeted so stigmatized that the system is rarely challenged. Which is why Monica's stance is so important.

She is part of a fierce legacy of resistance and resilience. Like countless others who have fought back against discriminatory policing, she has been targeted precisely for speaking out. Monica is fighting for her rights, but she is also acting for the rights of everyone, in Phoenix and across the country, to be free of such abuses. Let's join her in that struggle on March 14th.

Monica Jones illustration by Micah Bazant.

Follow Darby Hickey on Twitter: www.twitter.com/DarbyBPPP

Copwatching Arpaio: Judge Snow appoints monitor, sets limits.

Thanks to all the people inthe community who came together to stop Arpaio's racial profiling. He never did get indicted by the feds, but at least someone will be paying closer attention to his deputies' traffic stops from now on.

 Phoenix Veteran's Day Parade, November 2012

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FOR IMMEDIATE RELEASE
Oct. 2, 2013

CONTACT:
Steve Kilar, ACLU of Arizona, (602) 492-8540 or skilar@acluaz.org
Isabel Alegria, ACLU Immigrants’ Rights Project, (415) 343-0785, (646) 438-4146 or media@aclu.org
Amelia Hansen, Covington & Burling, (415) 955-6831 or ashansen@cov.com
Larry Gonzalez, The Raben Group (MALDEF), (202) 466-0879 or lgonzalez@rabengroup.com

Court Places Limits on Sheriff Arpaio to Prevent Future Racial Profiling of Latinos

Order includes appointment of a monitor and community advisory board, recording of all vehicle stops and extensive data collection

PHOENIX – A federal judge today set down far-reaching requirements to prevent continued racial profiling by Sheriff Joe Arpaio and the Maricopa County Sheriff’s Office (MCSO). U.S. District Judge G. Murray Snow’s order follows his ruling in May that Arpaio’s office relied on racial profiling and illegal detentions to target Latinos.

"Judge Snow recognized that Sheriff Arpaio's years of discriminatory practices and unconstitutional policies required major change—including appointment of a federal monitor, data collection and video recording for every vehicle stop,” said Dan Pochoda, legal director of the ACLU of Arizona. “Working with the Latino community, the ACLU will seek to ensure that the MCSO’s abuses end."

The American Civil Liberties Union, the ACLU of Arizona, the Mexican American Legal Defense and Educational Fund (MALDEF) and the lead law firm, Covington & Burling LLP, represented a class of Latino residents and a Latino community organization, Somos America, in the lawsuit, Ortega Melendres v. Arpaio.

“Thanks to the brave souls who came forward to tell their stories, the MCSO is being held accountable,” said Lydia Guzman of Somos America. “It’s not a crime to be brown and now we have the necessary tools to make sure that Sheriff Arpaio doesn’t forget that.”

In addition to the appointment of a monitor to keep tabs on the MCSO’s behavior, the court insisted upon audio and video recording of all traffic stops, increased training for and monitoring of sheriff’s office employees and the implementation of comprehensive record keeping. Officers will also be required to radio in the basis for each traffic stop before making contact with the people in the vehicle.

Recognizing the need to repair the MCSO’s relationship with the public, Judge Snow also mandated the creation of a Community Advisory Board, the appointment of a Community Liaison Officer and the implementation of a community outreach program.

The order’s requirements must remain in place for no less than three years, Judge Snow said.

"Under the measures put in place by the court, Sheriff Arpaio and his deputies will no longer be able to run roughshod over people’s basic rights as guaranteed by the Constitution,” said Cecillia Wang, director of the ACLU Immigrants’ Rights Project. “MCSO can no longer balk at reform.  Every person in Maricopa County deserves better than a sheriff’s department that commits pervasive civil rights violations at the expense of public safety. The court’s order will make sure the agency actually enforces the law and will no longer go on wild goose chases based on racial stereotypes.”

Judge Snow’s May decision found the policies and practices of Arpaio and his office are discriminatory, and violate the Arizona Constitution, the Fourth and Fourteenth Amendments of the U.S. Constitution and Title VI of the Civil Rights Act of 1964.

That ruling stemmed from a three-week trial in July and August of 2012, during which the civil rights organizations provided evidence to the court that the MCSO was illegally pursuing Latinos. The plaintiffs proved—through the MCSO’s internal correspondence and public statements, and statistical analyses—that the MCSO had the intent to discriminate. Evidence also showed that the discrimination had harmful effects, including higher traffic stop rates and longer stop times for Latinos.

“The monitoring, training, recordkeeping and other provisions in the court’s order today should go a long way toward reforming the MCSO,” said Stan Young, a partner with Covington & Burling. “This reform will help prevent future racial profiling of the kind that Sheriff Arpaio’s past policies encouraged. These remedies were necessary to restore public trust and the principle of equal treatment under law.”

The MCSO's widespread racial profiling created a culture of fear in Maricopa County, making Latinos anxious that getting in a car could lead to an interrogation by armed officers or incarceration at the county jail.

"The Latino community has waited a long time for the court-mandated reforms that will provide accountability and transparency to the sheriff's office and prevent the abuse of authority that has been so prevalent,” said MALDEF Western Regional Counsel Nancy Ramirez. “We are hopeful that these long-awaited reforms will bring much needed change to the sheriff's office.”

The civil rights organizations will continue to fight if Arpaio appeals, and will closely monitor the MCSO’s activities as the court’s order goes into effect.

Click here for a copy of the ruling.

Click here for more information on the case.

ACLU-AZ: SB1070 and the fight over Section 2B

No one will comply...

Independence Day, 2012 

Central Phoenix, Arizona 

-----from the ACLU of Arizona------

Damaging Provision of SB 1070 Could Take Effect in a Few Days Without Court Action 

FOR IMMEDIATE RELEASE
July 17, 2012

CONTACT:

Alessandra Soler, ACLU of Arizona, (602) 773-6006 (office) or (602) 301-3705 (cell)
Adela de la Torre, NILC: 213-674-2832; delatorre@nilc.org
Steven Gosset, ACLU: 212-549-2666;  media@aclu.org
Laura Rodriguez, MALDEF: 310-956-2425; lrodriguez@rabengroup.com

PHOENIX — A coalition of civil rights organizations today asked a federal district court to block implementation of the “show me your papers” provision of SB 1070, Arizona’s racial profiling law, until the court has had time to consider additional legal claims that the law is unconstitutional.

The civil rights organizations’ lawsuit includes evidence and claims that are not present in the federal government’s separate challenge to SB 1070, on which the U.S. Supreme Court issued a decision last month. In its decision, the Supreme Court struck down three other provisions of SB 1070. The Court noted potential constitutional problems with section 2(B), the “show me your papers” provision, but did not strike it down based on the evidence and claims that the federal government brought in its case. The Court noted, however, that other challenges could be brought against the section.

In their motion today, the civil rights groups contend that section 2(B) unlawfully discriminates against Latinos and individuals of Mexican origin. The groups present evidence that legislators who supported the law routinely used false “facts” and discriminatory language and that they intended section 2(B) to impose statewide the racial profiling tactics used by Sheriff Joe Arpaio of Maricopa County. The groups also introduced new evidence demonstrating that, if it is allowed to go into effect, section 2(B) will violate the U.S. Constitution’s Fourth Amendment and the well established principle, which the Supreme Court reaffirmed in last month’s decision, that federal immigration law preempts state immigration enforcement laws. Finally, the groups ask the district court to block a separate provision of SB 1070 that creates a state crime for “harboring” undocumented individuals, which the Supreme Court’s recent decision makes clear is unconstitutional.

“Assertions from politicians and law enforcement officials in Arizona that nothing will change once section 2(b) goes into effect are simply false,” said Alessandra Soler, executive director of the ACLU of Arizona.  “‘This provision requires that local agencies shift priorities to aggressively seek federal immigration violators, sending a clear message to Latinos that they are not welcome in Arizona. “ 

The request was made on behalf of plaintiffs in Valle del Sol v. Whiting, et al. (formerly known as Friendly House v. Whiting, et al.), a class action lawsuit challenging SB 1070, which was filed in May 2010.

“Our Constitution protects us from state laws that intend to discriminate based on on the color of a person’s skin or her or his nationality,” said Karen Tumlin, managing attorney with the National Immigration Law Center. “The district court should block this hateful provision that threatens countless Arizonans’ basic right to live free from fear of harassment or prolonged detention.”

Police chiefs across the country have long concluded that section 2B could not be implemented in a race-neutral manner. Immigration experts agree that there is no way to determine immigration status based on external or physical characteristics and that police will end up using race and ethnicity to decide who could be in the country without authorization.

“In a state that’s more than 30 percent Latino, requiring police to act as immigration agents is an invitation to racial profiling on a massive scale” said Omar Jadwat, a senior staff attorney with the ACLU Immigrants’ Rights Project. “Police chiefs and communities know these laws don’t work, and we hope that the courts will continue to block them from going forward.”

“The ‘papers provision’ is unconstitutional and the people of Arizona should not be subject to this law for even a single day,” said Victor Viramontes, MALDEF National Senior Counsel. “This law would result in Latinos being illegally arrested and detained across Arizona.”

The coalition includes NILC, ACLU, MALDEF, the National Day Laborer Organizing Network, the ACLU of Arizona, the Asian Pacific American Legal Center and the Asian American Justice Center, both members of the Asian American Center for Advancing Justice, as well as the NAACP. The law firms of Munger, Tolles & Olson LLP, Altshuler Berzon LLP, and Roush, McCracken, Guerrero, Miller & Ortega are also acting as co-counsel in the case.

Read the Proposed Motion for Preliminary Injunction

Read the Motion for Temporary Restraining Order

MCSO Shackling Pregnant Women; Racial Profiling

This in from the guys at PCI:
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Date: Monday, November 16, 2009, 10:42 PM

Interview with mother  who was forced to give birth in chains while in custody of Arpaio's guard (Spanish)

<http://www.youtube.com/watch?v=VsYcbH_RrWc>http://www.youtube.com/watch?v=VsYcbH_RrWc

*Please contact elected officials to protest Arpaio's continued actions*

In spite of losing  his 287g program, the Sheriff is launching a two day long county-wide crime suppression/illegal immigration operation will begin tonight at 5PM.

200 volunteer posse, reserves and deputies will participate.  Posse helicopters will "visually assist ground crews."

Friends in ARIZONA and around the country:  Please contact your members of congress, Secretary Napolitano and President Obama and let them know how strongly you object to immigration enforcement through neighborhood purges. Arpaio's actions are being replicated across the country.  We must have a moratorium on local law enforcement's sweeps and purges.  No more terrorizing communities.  No more tearing apart families and leaving frightened children to fend for themselves.  It must end now.

Find your members of congress here:  Capitol Switchboard: (202)224-3121
Secretary Napolitano Comment Line: 202-282-8495)

President Obama: 202-456-1111

Let them know that we need their help to stop Arpaio's efforts to make Maricopa County a "Constitution Free Zone."  His actions cannot continue to go unchecked.

Victims are urged to call 1-877-977-8869

MCSO: More good use of tax dollars.

25 were smugglers? I'm sure.


I'm not paying a penny more in sales tax as long as this stuff keeps going on and both the Governor and the Republican legislature endorse it. We've got American-born rapists and murderers and kidnappers all over the place, and Arpaio keeps using all our resources to chase down and incarcerate impoverished migrants whose only crime is "smuggling themselves".


Does all this rounding up of migrants and neglect of real crime have anything to do with the Sheriff's lack of competence as a law enforcement officer? Or does it have more to do with the fact that ICE can be billed by the jail for migrants, whereas no one compensates him for arresting dangerous citizen criminals (well, except for the salary, expense account, etc.).

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40 arrested during north Valley crime sweep

by Adam Wolfe - Sept. 29, 2009 05:49 PM
The Arizona Republic

Forty people suspected of being illegal immigrants were arrested during a four-hour crime sweep in the north Valley, according to the Maricopa County Sheriff's Office.

Deputies conducted sweeps in four areas near Anthem Way on Monday night, according to a news release from the Sheriff's Office.

Twenty-five of those arrested face human-smuggling charges, officials said; the others were turned over to Immigration and Customs Enforcement.