Did you know that the Colorado Constitution still allows legal slavery, and that Coloradans can do something about it this fall?
Colorado’s language parallels an exception written into the 13th Amendment to the U.S. Constitution, banning slavery and involuntary servitude “except as a punishment for crime whereof the party shall have been duly convicted.”
When a group of faith and community leaders began a campaign last spring to eliminate the exception allowing slavery, many legislators were surprised to learn that, even though Colorado was never a slave state, we still have language allowing slavery — as a punishment for crime.
That archaic federal exception, part of the difficult battle to get the 13th Amendment passed, has largely been ignored. The 13th Amendment has normally been treated and thought of as a total ban on legal slavery. Some states do have a total ban on slavery with no exception, some have no language related to the 13th Amendment at all, and about half the states, including Colorado, have similar language leaving an exception to the ban on slavery.
As Coloradans, we can’t change the federal language, but we can be one of the states that declares it will not allow slavery in any situation by voting Yes on Amendment T. The Colorado legislature voted unanimously, including every Republican and every Democrat in both houses, to place Amendment T on the ballot in November.
A Yes on T vote will remove the exception language in the Colorado Constitution to our state ban on slavery and involuntary servitude, as the 13th Amendment itself should have done from the beginning.
It is fair to ask what Amendment T will accomplish, although it is a statement worth making even if it has no practical effect. States have a variety of language around slavery and involuntary servitude, and all states have similar criminal justice systems with work programs and community service programs, so there is no reason to believe Amendment T would affect those programs. Courts have defined slavery and involuntary servitude narrowly enough that typical work programs or community service would not fall under those definitions.
Technically, however, it would not be unconstitutional for the State of Colorado to sell people into slavery or involuntary servitude as long as it was deemed a punishment for crime—and that would be simply wrong. Even if that has never happened and even if we believe it never would, it shouldn’t even be possible under our Constitution. If any practices of a state actually met the definitions of slavery or involuntary servitude, they probably shouldn’t be allowed in any case. Whatever our criminal justice system may be, it shouldn’t be slavery.
So Amendment T is a genuine protection for the future, and in a time of widespread racial tensions, it is a strong and positive signal of good will today. Words matter. We weren’t around to take part in the abolition of slavery after the Civil War, but Amendment T gives us an opportunity to finish that abolition today, at least for Colorado. Slavery in any circumstance is immoral, and it is not a Colorado value.
The ACLU of Colorado urges you to follow the example of the entire Colorado legislature and vote Yes on Amendment T.

Denver’s Spy Files Past Raises Serious Concerns about “Geofeedia” Acquisition

DENVER – Citing concerns that the Denver Police Department may once again be monitoring the free speech activities of individuals and groups that are not suspected of criminal activity, a practice Denver publicly agreed to stop in 2003, the ACLU of Colorado filed a records request this morning seeking information related to the Department’s acquisition and use of Geofeedia and other social media surveillance software.

“In 2002, the ACLU revealed that the Denver Police intelligence unit was routinely monitoring the First Amendment activities of peaceful protesters and maintaining ‘Spy Files’ on the expressive activities of law-abiding advocacy organizations,” said Mark Silverstein, ACLU of Colorado Legal Director.  “After more than a year of litigation, Denver agreed to new policies and pledged to stop collecting information on how Denver residents exercise their First Amendment rights.”

“The Denver police recently purchased access to Geofeedia, which is marketed to police as a powerful tool for monitoring and collecting information on free speech activities.  We have serious questions about what the intelligence unit is doing with its new spying tool.  Have the police resumed the ‘Spy Files’ practices that they publicly agreed to abandon in 2003?”

Last month, the Daily Dot reported that the Denver Police Department used $30,000 in seized funds to purchase Geofeedia, surveillance software that allows officers to conduct location-based searches across at least a dozen social media platforms simultaneously.  In a promotional video, the surveillance software is marketed to law enforcement as a means to target public gatherings, using the example of a “Peace in Israel” rally in Chicago.

Lt. William Mitchell of the DPD Intelligence Bureau described Geofeedia in a funding request as an “intelligence and investigative platform” and listed the Martin Luther King Marade and the 420 Rally as examples of gatherings that police could monitor using the software.

An investigation by ACLU of Northern California into the Fresno Police Department’s use of similar software found that officers frequently searched for and monitored hashtags such as #BlackLivesMatter, #DontShoot, #ImUnarmed, #PoliceBrutality, and #ItsTimeforChange.  The Associated Press recently reported on hundreds of cases where officers misused intelligence tools and databases for personal reasons that were not connected to daily police work.

In 2003, the ACLU of Colorado filed a class action challenging DPD's practice of spying on peaceful protesters, maintaining "Spy Files" on activists who had done nothing more than attend rallies, meetings, and conferences, and disseminating information from the files to third parties.

As part of a settlement agreement with the ACLU, the City of Denver adopted a Criminal Intelligence Information policy that states, “The Department shall not collect or maintain information about the political, religious, social views, associations or activities of any individual or any group, association, corporation, business, partnership, or other organization, unless such information directly relates to criminal conduct or activity and there is a reasonable suspicion that the subject of the information is or may be involved in that criminal conduct or activity.”

The ACLU records request, which was delivered by email this morning, seeks the department’s current intelligence policy as well as any additional policies and training materials regarding social media surveillance.  The ACLU also requested a full list of search terms used by officers accessing Geofeedia.

"If the Denver Police Department has a policy to protect the public from a return to suspicion-less spying on free speech activities and from officers conducting surveillance for their own personal gain, then we invite the Department to produce it,” said Silverstein.  “Otherwise, the Department should suspend use of Geofeedia and any other social media surveillance immediately."

Geofeedia was purchased by the Denver Police Department using funds seized from criminal suspects through civil asset forfeiture. The purchase was not disclosed to the public before it was made, and it was not subjected to any formal approval process by the Denver City Council.

Resources:
Police Use of Social Media Surveillance Software Is Escalating, and Activists Are in the Digital Crosshairs: https://www.aclu.org/blog/free-future/police-use-social-media-surveillance-software-escalating-and-activists-are-digital
Full Chronology of the Spy Files Controversy: https://aclu-co.org/spyfiles/chronology/
ACLU Records Request: https://aclu-co.org/sites/default/files/wp-content/uploads/2016/10/2016-10-06-Dulacki-Silverstein.pdf
Denver Criminal Intelligence Information Policy: /sites/default/files/wp-content/uploads/2015/08/SettleAgreementExh1.pdf
 

DENVER – The ACLU of Colorado is pleased to announce that John Parvensky, Sen. Jessie Ulibarri, and Gail Johnson will receive our 2016 Civil Rights Awards, which will be presented at the Bill of Rights Dinner on Thursday, October 13th at the Four Seasons Hotel in Denver.
John Parvensky will receive the Carle Whitehead Memorial Award in recognition of his lifetime of accomplishments working as an advocate for the rights and needs of people experiencing homelessness. Parvensky has served as President of the Colorado Coalition for the Homeless since 1986, directing programs that deliver supportive housing together with integrated healthcare, mental healthcare, and substance treatment services to 15,000 homeless, men, women, and children each year. He spearheaded the production of 16 integrated housing developments that combine high-quality housing for homeless individuals and families with affordable units for community residents with lower incomes, resulting in homes for 2,300 households. He serves as President of the Board of Directors of the National Coalition for the Homeless and as a member of Denver’s Commission to End Homelessness.
“One of the toughest challenges facing Colorado is meeting the basic needs of the most vulnerable among us and ensuring that they are connected to housing and services, not funneled into courts and jails,” said ACLU of Colorado Executive Director Nathan Woodliff-Stanley.  “John Parvensky has been working tirelessly for more than 30 years to find innovative, collaborative solutions to that challenge, and we are thrilled to recognize his many successes and accomplishments.”
Senator Jessie Ulibarri will receive the Ralph Carr Award recognizing his leadership and dedication as a community organizer and a legislator advocating for social justice, voting rights, LGBT rights, and racial equality. As a state senator, he has successfully authored and passed into law 39 pieces of legislation, including protecting the rights of workers, expanding access to affordable housing, safeguarding civil liberties, and ensuring full access to the ballot box. He will be leaving the state legislature after this term. Prior to joining the State Senate, Ulibarri spent a decade leading community organizing and public policy efforts, including as the Public Policy Director at the ACLU of Colorado and State Director at Mi Familia Vota.
“Senator Ulibarri is one of the strongest, most passionate civil libertarians in the Colorado legislature,” said ACLU of Colorado Public Policy Director Denise Maes. “His voice and presence will be missed at the Capitol, but we proudly recognize his substantial impact and know that he will continue fighting on for the rights of all Coloradans.”
Gail Johnson will receive the Edward Sherman Award in recognition of her work on behalf of prisoners’ rights and justice for people who are wrongly accused and incarcerated. Johnson is the managing partner of Johnson, Brennan & Klein in Boulder. She has two decades of experience representing clients in criminal and civil cases in state and federal courts. In three actual-innocence cases, she obtained orders for new trials for clients based on constitutional violations and newly discovered evidence. She is a member of the Criminal Justice Act panels for the U.S. District Court for the District of Colorado and the U.S. Court of Appeals for the Tenth Circuit.
“Gail Johnson’s distinguished career is marked by numerous victories in the courtroom for defendants who are wrongly accused, prisoners who are unjustly convicted, and inmates who are abused and mistreated,” said ACLU of Colorado Legal Director Mark Silverstein. “We are proud to honor her significant contributions to the pursuit of a more just and fair criminal justice system in Colorado.”
The Bill of Rights Dinner will feature a keynote presentation from Dale Ho, Director of the ACLU Voting Rights Project.  The ACLU of Colorado would also like to recognize and thank our Circle of Liberty Sponsors Killmer, Lane & Newman, LLP.
For more information about the event, purchasing tickets, or becoming a sponsor, please contact Rachel Pryor-Lease at 720-402-3105 or [email protected].