Fighting for children & people with disabilities during budget impasse

The state of Illinois continues to operate without a budget, owing to politics in Springfield. But that doesn’t mean our clients – who have been the victims of bad behavior by the State in the past – should suffer anew. The ACLU has been busy in federal court working to guarantee that children under the care of the Department of Children and Family Services (DCFS) and people with developmental disabilities continue to receive promised services as the political discussion continues. We are able to take this action because of successful litigation (and ongoing consent decrees) in a number of cases.

In one case involving services for people with developmental disabilities (Ligas v. Norwood), we and our fellow advocates actually had to threaten the state with contempt for failing to make promised payments. Without adequate funding, people might have been left without the care of their providers who help many of them eat, get dressed, and take critical daily medication. Other clients with developmental disabilities may be forced to move from their familiar homes into inappropriate living situations. These services are essential to their survival.

We also have been working to keep programs funded for children who are under the care of the DCFS (in the base B.H. v. Sheldon). Without a funded program, children under DCFS’ care would suffer immediate harm; many would be forced into unsafe living conditions, including, in some cases, homelessness. Without timely payments to DCFS, its caregivers are unable to perform their jobs to ensure the safety and well-being of the children placed in DCFS custody. The disruption of these services exacerbates the traumas many of these children already have endured.

These situations have captured the media’s attention – and the attention of policymakers. On Tuesday, ACLU of Illinois Associate Legal Director Ben Wolf testified before a Senate committee about the urgency of the situation stating that, without state action, many children in DCFS custody may be left out in the street.

We will not relent until our most vulnerable are cared for. We will update you on this situation as it develops.

• Read more about the case involving services for people with developmental disabilities, Ligas v. Norwood.
• Read more about the case to protect children under the care of DCFS, B.H. v. Sheldon.
• Support the ACLU's disability rights and children's rights work. Make a tax-deductible gift to the Roger Baldwin Foundation of the ACLU of Illinois. 

The International Business Times spoke with ACLU of Illinois' Legislative Director Mary Dixon about privacy concerns over biometrics – facial recognition technology used by applications including Facebook. Biometrics track unique human characteristics as a way to identify a specific individual. Facebook uses biometrics to automatically suggest specific people to tag in photos uploaded by its users. In 2008, the ACLU of Illinois lobbied to pass the Biometric Information Privacy Act (BIPA) which created important regulations on the use of biometric information including guidelines for required consent and prohibiting the sale of biometric data for profit. Because the technological landscape has shifted since 2008, privacy advocates are concerned that BIPA does not have the legal legs necessary to win against Facebook in court. Dixon says:

“I think we were ahead of the curve,” said Mary Dixon, legislative director for the ACLU of Illinois, which advanced the initiative. “I think it’d be hard to pass similar initiatives now given the intense lobby against some of the protections we were able to advance.”

Read the entire article.

In a matter defined by the intersection of free speech and modern technology, the ACLU and the City of Peoria agreed yesterday to settle in a lawsuit dubbed “Twittergate” by media in Peoria.

The case involves Peoria native Jon Daniel who had his home raided, his property seized and was arrested after creating a Twitter account that parodied Peoria’s mayor. Mr. Daniel (pictured middle at right) will be awarded a cash settlement, and a directive from the City to the Peoria Police Department will make clear that parody and satire should never be the predicate for a criminal investigation. "Twittergate" began in March 2014, when Mr. Daniel created the Twitter account @peoriamayor. Created mainly for his own entertainment and the amusement of his friends, Mr. Daniel sent a series of tweets from the account – which he soon labeled parody – that used informal language, slang and expletives.

The Mayor of Peoria was not amused. He and members of city government, including police officers, worked to close the account, learn Mr. Daniel's identity and punish his speech with a criminal investigation, culminating in a search of Mr. Daniel’s home, the seizure of his property and placing Mr. Daniel under arrest.

This settlement marks an enormous victory for free speech, emphasizing our First Amendment protections for online speech and parody. We hope that this agreement will send a strong message that wrongful use of police power to suppress protected speech, even when it is critical or makes fun of public officials, is an abuse of power and is not acceptable.

Thank you for supporting our efforts to protect free speech.

• View the settlement (PDF)
• Read more about the case, Daniel v. Peoria