Litigation

Current Litigation

Latif, et al. v. Holder, et al.

ACLU Files Lawsuit Challenging Unconstitutional “No Fly List”

UPDATE: May 4, 2011 - The U.S. District judge hearing the "No-Fly List" case dismissed the lawsuit against the federal government saying she doesn't have the authority to hear the case. "Our real disappointment is for the plaintiffs who have been unable to fly and have been given no reason or explanation," said Ben Wizner, staff attorney with the ACLU National Security Project, in an article in The Oregonian. The ACLU plans to appeal the decision.

Douglas County Reverses Decision to Bar Pipeline Opponents’ Participation at Earth Day Event

Victory for Free Speech and Anti-LNG Advocates

April 21, 2011 - Roseburg, OR – After an ACLU volunteer attorney contacted County Counsel Tuesday and County Commissioners heard testimony from upset pipeline opponents Wednesday, Douglas County changed course and will now allow anti-LNG activists to participate at the Douglas County Earth Day event this weekend in Roseburg.

I [Heart] Boobies

Student Challenges Ban on Wearing “I ♥ Boobies” Cancer Awareness Bracelets

March 3, 2011 - On the evening of September 26, 2010, Kevin Rueck, a junior at Milwaulkie High School, attended a home football game. While attempting to cross to the visiting team’s bleachers he was stopped by a Vice-Principal. During the ensuing conversation the school administrator noticed the “I ♥ Boobies” bracelet that Kevin was wearing and instructed him to take it off.

Powell's Books Inc., et al, v. John Kroger, et al

(formerly Powell's Books Inc., et al, v. Hardy Meyers, et al)
Booksellers, Publishers, Librarians and Others Challenge Censorship Law

September 20, 2010 - This morning, the United States Court of Appeals for the Ninth Circuit held that two Oregon statutes that criminalize distributing sex education and other non-obscene materials to minors are unconstitutional in violation of the First Amendment.

Nakashima v. Board of Education

Student Athletes Prevail in Religious Discrimination Case Against OSAA

On August 18, 2010, the Oregon Supreme Court ordered the Oregon School Activities Association to pay $66,230 in attorney fees. This case was on behalf of students at Portland Adventist Academy who sought a reasonable accommodation from the OSAA to compete in the state basketball tournament without having to play during the Seventh Day Adventist Sabbath (sundown Friday to sundown Saturday).

Moss v. Secret Service

ACLU Lawsuit Challenges Secret Service, Local Police Case Tied to 2004 Anti-Bush Demonstration

On August 4, 2010, U.S. Magistrate Judge Mark Clarke issued his Report and Recommendations in Moss et al. v. U.S. Secret Service et al. In this class action suit the ACLU represents individuals and groups that protested outside the Jacksonville Inn on Oct. 14, 2004, while President Bush was dining at the inn.

Cohen et al. v. Brown

ACLU Challenges Petition to Grant “Paramount” Right of Life to Unborn

Supporters of Initiative Petition 30 (2010), which sought to establish the “paramount” rights of “every innocent life” including the “unborn,” failed to file the required number of signatures before the July 2, 2010, deadline passed, so it will not be on the November ballot.

Colby v. Gunson

Oregon Supreme Court Clarifies Who is Entitled to Attorney Fees

August 2010 - Colby v. Gunson was a case in which an attorney, on his own behalf, made a request for an autopsy report under Oregon’s public records law. Mr. Colby was ultimately successful in obtaining the report in the Oregon Court of Appeals, but he was denied attorney fees because, the court reasoned, “attorney fees” under the statute only includes a charge by an attorney that a separate entity is obligated to pay.

Lenz v. Grant County

ACLU Files Challenge to Removal of Elections Worker

July 2010 - The ACLU of Oregon filed suit in U.S. District Court on behalf of a part-time Grant County elections worker who was told she would not be called in to work processing ballots in a recall election because she had signed a petition that led to the election.

Mayfield v. United States of America

Constitutional Challenge to USA-Patriot Act

December 10, 2009 - The Ninth Circuit Court of Appeals ruled that Brandon Mayfield has no standing to pursue his claims against illegal seach and seizure in his challenge to the constitutionality of portions of the USA-Patriot Act.