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Aug 7th, 2008 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Alessandra Soler Meetze, Executive Director, ACLU of Arizona at 11:06am

ACLU Reminds "America's Toughest Sheriff" That He's Not Above the Law

No one is above the law, not even Joe Arpaio, the media-hungry sheriff of Maricopa County, Arizona. His stunts include reinstituting chain gangs (they include women and juveniles), erecting a tent city where over 2,000 convicted men and women serve out their sentences in 120 degree desert heat, feeding prisoners only twice a day (he's bragged of serving green bologna), and forcing them to wear pink underwear.

Much of the ACLU's legal docket in Arizona is devoted to challenging Maricopa County Sheriff's Office (MSCO) policies that violate the constitutional rights of women, prisoners, and immigrants — for starters. Arpaio has spent hundreds of thousands of local taxpayers' money defending his indefensible and unconstitutional practices.

Late yesterday in Phoenix the bell rang on round II in the ACLU's fight to force "Sheriff Joe" to follow the law. We asked a state court judge to find him in contempt for refusing to comply with a 2005 court order that clearly requires him and his staff to provide transport for the women incarcerated in his jails who are seeking abortions.

That 2005 order was the end result of four years that the ACLU's Reproductive Freedom Project and the ACLU of Arizona spent in court challenging an unwritten MSCO policy. Jail officials were prohibited from transporting an inmate for an abortion (note: the women foot the bill for the abortion) unless the inmate first obtained a lawyer, asked for a court hearing, and convinced a judge to grant her an order to end her pregnancy.

In August 2005, the Superior Court of Arizona, Maricopa County, struck down the unwritten policy, holding that it violated women's reproductive rights and served "no legitimate penological purpose." The Arizona Court of Appeals upheld that decision; both the Arizona and the United States Supreme Court refused to hear the case.

But that hasn't stopped the guy who loves being known as "America's Toughest Sheriff" from flouting the law; imposing his morality on the women in his jails; advancing his political agenda; or burnishing his public image using taxpayer dollars. After the US Supreme Court refused to review the case, Arpaio told the Republic's Michael Kiefer that he disagreed with the decision and would "see what happens if the situation comes before me again."

It didn't take long. This past spring, an inmate we're referring to in our motion as "Mary Roe" and her attorney pleaded with Arpaio and his staff to transport her for an abortion appointment. Deputy Chief John MacIntyre, an Arpaio crony who's one of the architects of the policy, had been involved in the original case and knew the court's decision. Still, MacIntyre said — yes, you guessed it — that the quickest way for her client to be transported would be for her to get a court order.

Roe was eventually able to get the abortion, but the four-week delay resulted in her having to endure a much longer and more emotionally difficult procedure.

So now we're heading back into court to spell out the law for Sheriff Joe and his staff, yet again, and ensure that other women don't get this kind of runaround. Our motion asks the court to require the jail to post signs in both English and Spanish informing prisoners of their right to be transported. All employees would be required to sign a statement acknowledging that they have been informed of the law. And we're asking the court to assess penalties for this violation and for future violations of the court order should they occur.

For all of his law-and-order bluff, Arpaio clearly has no intention of abiding by his oath to uphold the law when it isn't doesn't suit him. So we'll do what it takes to force him to respect the constitutional rights of women, even if it means hitting him in one of his most sensitive spots … his pocketbook.

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14 Responses to "ACLU Reminds "America's Toughest Sheriff" That He's Not Above the Law"

  1. What's wrong with pink? Says:

    "Forcing" them to wear pink underwear. "Humiliating" prisoners by dressing them in pink. It's just a color! It won't turn you into a little girl, really.

  2. doofus Says:

    His attempts at "advancing his political agenda" sound like they might be as effective as those of the ACLU. Definitely time to start worrying.

  3. Liberal hater Says:

    You left-wing communist at the American Criminal Liberties Union hate America it seems. If anyone does not subscribe to your radical, liberal, anti-American agenda then you try to find some like- minded idiot, liberal judge who will allow you to steal, I mean sue the group or individual.
    Hell is waiting for your type of scum. Oh, wait you God-haters don't believe in hell. Please son't sue me!!

  4. Arros Says:

    Will the signs also bee in Greek, German, Chinese, Korean, etc.?

  5. Liberal Says:

    @"Liberal hater"
    You claim liberals hate America, hate God, etc. Yet you yourself use the word "hate" in your very moniker. Why so much vitriol? Why so much anger? The ACLU fights for anyone, ANYONE who becomes a victim of abuse beyond the law, even (gasp) conservatives.

    Methinks you need anger management. Or a brain. Yeah, a brain will do nicely.

  6. Common Sense Says:

    Men and women who break the law, have no constitutional rights.

    Alessandra Soler Meetze, is a criminal apologist and enabler.

    Here's a novel idea Alessandra. Instead of using your money and resources to bring the HATE of the ACLU down on the good Sheriff, why don't you educate the law breaking dirt bags to stay out of the good Sheriff's prison? Think about it Alessandra! It's a win win! You put the Sheriff out of business and us law abiding citizens don't have to worry about some slime-ball murdering rapist doing harm to our families.

    But something tells me you like it the other way around. So if that's the case then your as guilty as the criminals on the Sheriffs chain gang. Sleep tight and I hope you are not a victim of some scumbag your trying to "save" from the brutality of our big bad prisons.

  7. rightwinghater Says:

    It's time to take Arpaio out.

  8. Journey Says:

    Somebody breaks into your home and is raping a 13 year old, sleeping parents hear a noise get up, father looks into kids rooms, sees intruder raping his daughter... hits intruder with baseball bat, intruder dies. Father goes to prison for murder. - true story

    Why so many of you think prisoners have no human rights is beyond me.

  9. Gadfly Says:

    Commen Sense says "Men and women who break the law, have no constitutional rights."

    Does that include Sheriff Joe? (Assuming the sheriff is a man or woman.)

  10. Common Sense Says:

    Gadfly and rightwinghater, This is like having a battle of wits with an unarmed man/women/transvestite/homo/or whatever gender you maybe.

    How's your boy Edwards doing? Just another left wing elitist that shows no respect to his wife, children, family and friends.

    Maybe your ACLU can come up with an excuse for him. Rehab must be right around the corner. Maybe the Betty Ford Clinic.

  11. Common Sense Isn't Says:

    @Common Sense:

    How's that wide stance treating you?

    At least Edwards was with a woman. More than most gay-bashing-closeted-homosexual Repuglicans can say. Sorry, truth hurts.

  12. Anonymous Says:

    The ACLUs goal is not the preservation of liberties, but the demise of those liberties under the guise of protecting those which it views as victimized. The constitution explicitly outlines protections; the ACLU has not been granted the authority to interpret the constitution as it sees fit. Unfortunately, the courts see it differently by granting that authority and exercising their own interpretation with the ACLUs help. Stop the ACLU by contacting your congressperson and telling them to restrain the courts from passing their own form of legislation.

  13. Nedd Says:

    Let's get the facts straight. The sheriff is widely popular in Maricopa County and most everywhere in America except where the illegal aliens, abortion lovers and their defending ACLU buddies lie. He's been elected for 4 terms thus far by wide margins so that says something how much the voters appreciate him. Clearly the ACLU is out of touch with the people in the county.

    Why should taxpayers have to foot the bill for prisoners' abortions? The ACLU has got so much $$$ - if they really like the idea, let them pay for it instead of the citizens in Maricopa. Sheriff Arpaio is respectful of those who pay the salaries and for the services in Maricopa County. The ACLU would rather extract more taxpayer money to paddle its coffers and further its far left agenda.

    I nominate Sheriff Arpaio for president and if elected, he should call for the arrest and jailing of every ACLU lawyer and staffer who tell illegal aliens how to break our laws.

    If only this dream were true.

  14. Legal Hispanic Family Says:

    The day that the ACLU sincerely decides to determine, by THE CONSTITUTION OF THE UNITED STATES OF AMERICA, the worthiness of ALL citizens defense, it will actually begin to serve a purpose, and not be an agency of single minded agendas. The only thing that is being accomplished by this out of control organization is the demeaning of, the demoralizing of, and the destruction of U.S. Citizenship.
    How can anyone respect a demand for women's rights to an abortion, while in prison for breaking the law, when the same organization does not support a true choice for women on the outside?? Where ARE the films/photos of an actual abortion....where are the phamplets that render both sides EQUAL print....how do these women know how to determine what/who life really is or when it begins....WHO makes that decision for them, if they are not counseled by both sides???? Why fear two sides of a discussion? Without this, where is the "choice"? Does the woman in prison really understand what she is asking for? Has she seen counselors for both "sides" so she can make a conscious choice, or is SHE being used to push another "agenda"?
    Fair questions....deserving of proof they are answered.
    A woman's body...in prison or not...and her right to the facts on both sides is a serious right that she truly does have. Much is at stake in her decision. The ACLU cannot and will not prove that she is given this information, and is making the decision of sound mind.....yet they are going to "stand up" for her rights??? Give me a break.
    The ACLU is so afraid of the supposed "church state" that they have created their own version of it clinging to their "own created faith" in their own manufactured ideals. Their own words of disgust for the other side are haunting back at them as they exclude all women from REAL life altering choice. They are no better than the "religious" right they condemn. These actions and beliefs are not shared by everyone in a free nation, and they do not signify freedom when imposed on those with a different view.
    No, this organization is not about civil liberties, it is about justification for their own pre-determined "Faith" in the right to control behavior....not educate and protect.....not TRUE informed "choice". They have decided they know "best" for you, and the decision is made....sounds like a religion to me, so this becomes nothing but smoke and mirrors.
    What MAY have started out as an institution that would serve a purpose for the "people" has become a platform for a ONE world view of all things.....THAT IS NOT FREEDOM, NOT CHOICE, AND IS A DOGMA you find in a RELIGION. "Choice" is irrelevant to them.....only getting the abortion done matters.....and the "FEAR" that someone might decide to keep a child RULES them, and makes them feel incomplete and a failure to the "cause". They can't bear to let that happen, or they would DEMAND equal consideration in a "choice", and sincerely educate a women when she is at the point to make this grave and serious decision about her body, her future mental health, the prospect of this child, the mental, physical, and spiritual well being of the prospective Dad, and the reality of living with or without the child permanently.....based on the "decision" she makes.
    Rather than truly letting a woman decide about her "choice", they help control AND FEED the machine that has become a huge money machine. Now that IS the ACLU's choice, to be sure. No one is being fooled by the rhetoric, when no "real" facts are given, and no subjective and supportive counseling is done.
    I am witness to this numerous times, and a sideline participant on one occasion, so please don't try to label me. I have a right to speak, and remember when you decide to show your "tolerance" for my views, then just allow me equal time and opinion, as I have done you. If however, your "tolerance" comes in the form of attacking me...... the finger you point at me, is pointing three back at you.
    Also, I am PROUDLY related to Mexican LEGAL immigrants that love this nation of theirs, have renounced their Mexican citizenship, but still embrace their colorful heritage, and then all of a sudden are SOOOO... disenfranchised by the influx of illegals. Where is the ACLU in defending MY family, and other LEGAL aliens that paid the price to earn their citizenship respectfully, and lawfully through education, hard work, embracing our language, and good citizenship?!?! We have, with good cause, such distaste for how the ACLU is supporting the breaking of this nations laws, and trying to force the people of this nation to tolerate abusive behavior from aliens, even rapes, murders, and identity fraud to name just a few grave concerns. These just come with the territory...right?? These are just things these poor folks have to do to stay, and even if we can't afford to keep them, and no matter what they do to harm a citizen, they should get to stay and their nation has no obligation to them....right?? We pay through our taxes and public services for illegal aliens, UNJUSTLY. This is a forced religion, as well. Forcing me to pay for goods and services for others for the "betterment of mankind" seems to have a little bit of a "forced tithing" ring to it, huh?? Even at church, I believe I remember, they let you "choose" to give or not. Hmmm...a real educated, well thought out, budgeted, and accounted for choice. Amazing....and in a church?!?!? What could be learned from that?
    If the ACLU sincerely supported the individuals rights they say they do, they would be defending the people of this nation against the abuse by foreign interests on all levels, including illegal aliens, excessive use of Visas for legal immigration, PROTECTION for peoples of ALL religious Faiths, and a host of other freedoms they would be valiantly demanding Congress to enforce and protect.....yet they are actively undermining and promoting the loss of the freedoms we have as citizens on virtually every corner.
    This is a hypocritical agency at best, and it is no longer what it "may have" set out to be.....it is slanted, one sided, agendized, and turns a deaf ear to anyone that presents facts they can't dismiss. This can be confirmed in so many ways, but all you have to do is read some of the letters of refusal they hand out to American Citizens that have had TRUE individual rights "CONSTITUTIONALLY" challenged and withheld from them. The rhetoric goes on and on about how this isn't the kind of "situation" they "can/will/normally...ad nauseum"....confront. Why?!?!?
    Obviously, this is a broken machine and nothing but a political train wreck today.

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