I want to get this out by Sunday so this piece is a rough draft that you are welcome to circulate. Initially I was going to call it, “Paranoia”; however, you are not paranoid when you recognize reality. You cannot cure paranoia through a false consciousness. The events described in the blog raised many questions such as what was the relationship between the spies and the universities: what did top administrators know, when did they know it? How did they find out about it?
This is the last of the CSUN/SFVSC history documentaries before the visit of Andrés Manuel López Obrador on Friday, March 28th. In the interim, I will be sending you my “peanuts and oranges” appeals to remind you of the event. Peanuts and Oranges is a metaphor: Mexicans and Latinos stand at the freeway entrances with bags of peanuts and oranges offering them to you in exchange for money, these blogs are my peanuts and oranges. I am not asking you for money, only to support the event.
The documentary is about police surveillance, and the failure of CSUN administrators to provide a harassment free environment for Chicana/o students. The blog is by no means definitive piece; it only scratches the surface. The documents speak for themselves and represent a small fraction of what is out there. They show Chicana/o Studies as the leading advocate for student rights. Incredibly, in most cases, the majority of the CSUN faculty was oblivious to what was happening, or they did not care that the rights of minority students were being violated.
A. The documentary is called, “Spies and Chinches at Valley State.” For the sake of clarity, I will use an anthology format; a brief description introduces each grouping of articles.
It begins in 1972 with the campus police’s bugging of the statewide MEChA Conference. It raises the question as to whether police had bugged the Chicana/o Studies Offices. However, we never got to a level of inquiry. We did not have the resources or experience to pursue this inquiry, which could only have been learned in a legal suit. The United Professors of California (UPC) was very helpful, but its attorney Howard Berman dropped the case once he was elected to congress. The UPC had limited resources and was not able to continue.
We did not receive any support from other organizations although we did contact the Mexican American Legal Defense and Education Fund. Another important piece of information was that the campus police did not act on its own but was being directed by the Devonshire Division of the Los Angeles Police Department. This is a relationship that the administration encouraged. For the campus police, it was also a matter of hero worship; they were and are wane cops.
1. John Rogers, “Police accused of bugging Officer seen at Chicano meeting with tape recorder; officials deny charges,” Sundial (November 21, 1972)
The president of the campus chapter of United Professors of California (UPC) has charged the campus police with attempting to “bug” a statewide meeting of Chieano faculty and students that was held on campus Saturday.
The charges were made after Lt. Donald Yelverton of campus security was seen near the meeting by several persons in attendance. UPC President John Stafford charged that Yelverton was discovered hiding behind a vending machine while dressed in plain clothes with his service revolver sitting at his side on a nearby table.
Administration officials confirmed Monday that Yelverton was in the cafeteria during the meeting Saturday and had a tape recorder with him. They added however, that his purpose in being there was not to bug the conference. Dr. Lloyd Johns, associate vice-president for business and administrative affairs and the immediate supervisor for campus police, said that Yelverton was present in a room adjoining the one where the meeting, was in progress in the main cafeteria. He added that Yelverton did have a tape recorder with him, but said that he did not use it at any time. Johns continued that Yelverton’s purpose in bringing the tape recorder was not to bug the meeting, but said the police officer planned to use it in case the meeting became unruly for any unruly to the point where Yelverton would have been forced to give a dispersal order to those present, Johns said, the officer would have used his equipment to tape that order.
In regard to the gun lying on the table, Johns said it is a routine procedure for campus plainclothes policemen to remove their service revolver and holster when they remain seated. He explained that it is more comfortable to remove them when sitting, than to wear them. Yelverton had attended the meeting, Johns said, after campus police had received information that led them to believe that there might be unruly conduct.
The gathering, sponsored by the California State University, Northrldge chapter of Movimiento Estudiantil Chicano de Aztlan (MECHA), was attended by students and professors from universities and colleges throughout California, including the San Diego, Fresno, Fullerton and Northridge branches of the state university system. The purpose of the meeting, Stafford said, was to discuss Chicano studies programs at various campuses.
Johns said he learned of what happened Monday morning when Yelverton called him and reported that several persons at the meeting had seen him with a tape recorder. Johns claimed no one from either UPC or Chicano Studies had contacted him at that time. Yelverton had earlier said that he had heard about the bugging and the allegation that he attended but that there had been no bugging incidents. When contacted later, Johns identified Yelverton as the officer present at the conference on Saturday.
Dr. Donald Krlmel, executive assistant to the president James Cleary, who was attending the trustees’ meeting Monday, said that Yelverton was not hiding behind a vending machine as charged by UPC, but that he was in a room adjoining the one where the meeting was in progress.
When contacted again later, Yelverton responded to the question of whether or not he was actually hiding by saying that “that is a matter of semantics.” He added that he was unable to elaborate on that statement any further at this time. Yelverton also later confirmed the version of the incident given by Johns, saying he was present in case any unruly activity occurred that could have resulted in a confrontation.
Yelverton said that the fear that unruly activity might develop had come “from information received earlier, through observations on campus,” which led the police to take precautionary measures. He commented that he was not able to divulge that information at the present time, but added that basically it was sound information.
“We have a responsibility to the entire campus community. We would not act irrationally or on bogus information,” he said. He also added that the “overall spirit” of the conference was such that there was no need for any security, saying that the people present were “taking care of business” and doing so without any problems.
Johns said that it is standard procedure for campus police to have officers present when they have information leading them to believe that trouble may occur at a given meeting.
“It’s like having a fire extinguisher in your car,” he said. You hope you never have to use it.”
The reason police feared potential trouble, Johns said, was because several persons from other campuses were coming to the meeting and they weren’t quite sure what might take place. He added that any time a group presents an off-campus speaker in the Open Forum, they must give a copy of their Open Forum permit to the police so they may determine whether or not there is a need for police surveillance of the event.
Yelverton was involved in a somewhat similar incident approximately a year ago, when members of the Leftist Student Coalition discovered that their Open Forum picnic was being filmed by the officer. Capt. George Muenze, chief of campus police at the time, said Yelverton’s activity was standard procedure then too, saying that the police often take pictures of various activities on and around the campus. The authority in ordering the taking of such pictures, Muenze said, is a “cooperation deal” coming from both the campus police and the administration.
UPC became involved in this incident, according to Stafford, when Jorge Garcia, chairman of the Chicano Studies department asked that the organization, an affiliate of the AFL-CIO “represent their interests.” UPC is maintaining that there appears to have been a violation of the constitutional rights of those attending the conference, as well as a violation of academic freedom. The union has called a press conference for 11 a.m. today at the Biltmore Hotel in Los Angeles. Krimel said that if any complaints were filed, he said they would proceed through either student or faculty grievance channels, on up to the president if necessary.
Krimel added that there are also legal channels available, but said “the facts as they’ve been told to me, the possibility of a tape recorder in another room, in another building, hardly seems to constitute an offense.” Stafford said that he does not know yet what immediate action, if any, is to be taken.
B. CAPA v. the PDID is in all probability is the most important case dealing with police surveillance in Los Angeles History. Under the direction of LAPD Chief Daryl Gates, the Public Disorder and Intelligence Division (PDID) squad developed an extensive spy operation that took on international proportions. The Coalition Against Police Abuse (CAPA) initially sued Gated and then the LAPD on First Amendment grounds. The cases proved that the PDID engaged in unlawful harassment, surveillance, and infiltration of the progressive movement. The suit was highly successful because it proved this unlawful behavior.
However, before the case got to trial, the American Civil Liberties Union was forced to settle it because of financial pressures. The ACLU was over a million dollars in debt. A major victory was the courts ordered the PDID to disband, and it did so in January 1983. It was replaced by the Anti-Terrorist Division. This was a slick move with the LAPD using the 1984 Olympics held in Los Angeles as a pretext to form the group.
In February 1984, an out-of-court settlement of $1.8 million was awarded to the named plaintiffs, individuals, and organizations that had sued the City of Los Angele. I was a plaintiff as was MEChA, La Raza Unida Party and several others on campus. Meanwhile, I used my portion of the settlement money to fund a protest march on the opening day of the Olympics. There is no doubt that we were spied on.
The success of the case was a tribute to Black activist Michael Zinzun who put suit together. Zinzun founded CAPA and received notoriety after the 1979 police shooting death of Eula Love in South Central Los Angeles. Among other things, CAPA unsuccessfully proposed a civilian police review board with the power to fire and otherwise discipline abusive police officers. It proposed the right to participate in making and changing police policies. A petition in favor of the review board did not garner enough signatures to place it on the ballot.
In discovery the plaintiffs were not allowed to copy the documents, which proved among other things that we had been spied on since the early 1970s. Three police undercover officers were identified. They participated at MEChA meetings and joined the local Raza Unida Chapter. They even received university credit for their “community service.” In one document the officers reported on a meeting at a local Jack in the Box where three LAPD uncover agents were present. They reported that two members of a left group talked about assassinating me. Although these revelations caused tensions, I was well aware that they could have been planted to create divisions. The insidious part went beyond spying on MEChA meetings. The undercover agents sat in my classes and took notes of the reactions of students thus encroaching on their academic freedoms. Lastly, the documents also showed that although they were not named there were at least half dozen more undercover agents on campus in the 1970s.
A postscript: The PDID and the Anti-Terrorist units were merely smokescreens. By 1992, LAPD officer Mike Rothmiller was fed up. He blew the whistle — alleging that the Organized Crime Intelligence Division was the real culprit. The PDID was more or less a media diversion, according to Rothmiller. Since 1957 the OCID had collected files on everyone, from movie stars to politicians, and even planted a mole in the mayor’s office.
2. Seiler, Michael “LAPD Accused of Spying at University: Black, Chicano Groups at Northridge Were Targets, Suit Charges,” Los Angeles Times (Jun 11, 1982)
The student association of Cal State Northridge filed suit against the Los Angeles Police Department Thursday, accusing at least three officers from the department’s Public Disorder and Intelligence Division of “Infiltration and spying” on campus organizations. The suit alleged that the main targets of the police were the Northridge chapter of MECHA, a national Chicano student group, and the Black Survival Union.
The three officers attended the University between 1974 and 1979 and went to classes and meetings “of campus political organizations under false pretenses.” The suit said.
The officers “reported their observations and findings to their superiors within the LAPD” and thus violated students’ and teachers’ rights to free speech, association and privacy, according to the students. ·
Los Angeles Police spokesman Cmdr. Bill Booth said Thursday that department officials had not seen the suit and would have no comment on its charges.
The suit, filed for the student association by lawyers from the American Civil Liberties Union, is the sixth such action brought by ACLU attorney since 1978. All are still awaiting court action.
Named as defendants in the latest suite are the Police Commission, Chief Daryl F. Gates, former Chief Ed Davis, the past and present commanders of the Public Disorder and Intelligence Division and the three officers-Joseph Ramirez, Augustin Moreno and Donald Rochon.
Booth confirmed that there were officers with the names Joseph Ramirez and Augustin Moreno in the department, but added that a check of the current and past rosters indicated no Donald Rochon.
The plaintiffs, besides the student association which represents all 28,000 students on campus, there are three instructors in the Chicano studies department and two former students.
The suit, filed in Los Angeles Superior Court, asks the court to issue a permanent injunction against such activities and requests an unspecified amount of money for damages.
At a campus press conference Thursday, past student body President Darren Levine said the officers not only attended classes and meetings of the Chicano and black groups, but, In one case, lived in a campus dormitory for a time. “To me, it’s appalling,” he said.
To support their contention, the student leaders and their lawyers released about 100 pages of police reports apparently written by one of the undercover officers who at tended MECHA meetings from 1976 through 1978.
Cal State University Northridge President James Cleary was unavailable for comment Thursday, but a university spokeswoman issued an earlier statement by Cleary terming the allegations “a very serious matter and contrary to what the university stands for.”
3. Blake, Gene, “Ex-PDID Chief Balked at Second Lie Test: Says Gates Ruled Out Exam Last Year, Cited Civil Rights,” Los Angeles Times (Mar 22, 1984)
A former acting head of a now-disbanded Los Angeles police intelligence unit testified Wednesday that he balked last year at taking a lie-detector test and that Police Chief Daryl F. Gates decided it would not be given.
The testimony was given in the disciplinary hearing of suspended Detective Jay Paul by Lt. Elmer Schiller who briefly commanded the Public Disorder Intelligence Division in 1982. He is now assigned to its successor, the Anti-Terrorist Division.
Schiller testified that he took one polygraph examination during the transition from the PDID to the ATD. When requested to take a second test, he asked to see the questions that would be posed and then balked, he said.
“I thought it might be a violation of a police officer’s civil rights,” Schiller told Paul’s Three-man Board of Rights.
Schiller said he already had been advised by Internal Affairs Division investigators that he might be charged with making false and misleading statements. He said he thought there might be something more to the second polygraph examination than a routine personnel matter.
“I never made a final decision to take it or not to take it.” Schiller testified. “The decision was taken out of my hands. Chief Gates decided I was not to be given the polygraph.” No charges have been brought by the department against Schiller.
Paul’s representative. Sgt. Darryl Munger, suggested to Schiller that he balked at taking the second test when he saw that he would be questioned about the Western Goals Foundation, a private, right-wing intelligence gathering organization.
Paul is accused of improperly storing intelligence documents at home while a member of PDID and leaking them to the foundation. He claims his actions were sanctioned by his superiors. But Schiller testified he had no knowledge of the Western Goals Foundation.
In a deposition given last October in an American Civil Liberties Union suit that has since been settled, Gates testified he had ordered that all applicants for the new Anti-Terrorist Division be given polygraph tests.
Gates said Schiller protested to him that his integrity was being questioned and he was being treated differently by being asked to take a second test.
“And I agreed with him,” Gates testified in the deposition. “And as I looked at the whole issue, it was clear that we were getting into that area reserved for internal affairs investigations, and that we were coming dangerously close to a violation of a police officer’s Bill of Rights.”
Gates noted that the police officer’s Bill of Right, forbids forcing an officer to take a polygraph examination in an internal investigation. The matter came up Wednesday when Schiller was being questioned about apparent contradictions between his current testimony and a tape-recorded interview by internal affairs investigators on Jan. 4, 1983.
Schiller testified last week and again Wednesday that he did not know Paul was working with a Western Goals Foundation computer installed in Paul’s wife’s law office.
In the tape-recorded interview, however. Schiller said Paul had mentioned that periodicals he clipped “are summarized and indexed in a computer … in his, uh. wife’s office.”
Schiller explained Wednesday that at the time he did not know the difference between a computer and a word processor. It was when he changed “computer” to “word processor” in subsequent interviews that he was advised he might be charged with making false and misleading statements, Schiller testified.
Sgt. Ken Small, who is presenting the department’s case against Paul, emphasized that there is no personnel complaint pending against Schiller for making any false and misleading statement.
4. Blake, Gene; SAPPELL, JOEL, “Gates Informed PDID Files Were Hidden, Ex-Aide Says,” Los Angeles Times (Apr 26, 1984)
Los Angeles Police Chief Daryl F. Gates was informed in 1978 that Public Disorder Intelligence Division documents were being moved to a Glendale undercover office to avoid a Police Commission audit but he apparently did nothing about it, a former adjutant to Gates testified Wednesday.
Former Capt. Dennis Lunder who resigned from the department in 1981 gave the testimony in the disciplinary hearing of suspended Detective Jay Paul. Paul is charged with improperly storing PDID documents outside the department and with leaking their contents to the Western Goals Foundation, a private, right-wing group.
Gates Reportedly Angered
A department spokesman said Gates was so angered by Lender’s allegations that he wanted to appear before the Board of Rights to deny them. Gates was dissuaded by Sgt. Ken Small, who is presenting the department’s case against Paul on the ground that it was unnecessary because there was no truth to Lunder’s accusation, according to police spokesman Lt. Dan Cooke.
The hearing, which began three months ago, ended Wednesday without a direct denial from Gates.
The only testimony offered in the nature or a rebuttal to Lunder came from Deputy City Attorney. Don Vincent, a retired police captain and head of the department’s Internal Affairs Division during the PDID investigation.
Vincent called to testify about another matter told the three-man Board or Rights · that Gates had given him instructions in a confidential letter in the event that any evidence pointing to the chief should be uncovered.
“In essence, the instructions were that if I ever received any information linking the chief or police to acts or misconduct or a cover-up. I was to go to the Police Commission or the mayor,” Vincent testified.
Lunder testified that at the time he served as Gates’ adjutant he received information from a confidential source that PDID documents were being moved to an office in Glendale operated by PDID in the guise of a computer or electronics firm.
Lunder said he first told Deputy Chief John McAllister then chief of staff to Gates, and then the chief himself. That was sometime between May and July 1978, he said.
“Chief Gates indicated that was serious information and summoned (now Assistant) Chief (Marvin) Iannone,” Lunder testified. “They held a closed meeting.”
Records at Officer Lunder said he does not know what occurred at the meeting. However, he testified that three or four months later he was informed by his source that the records were still at the Glendale office.
He said he is not at liberty to reveal his source because it might “jeopardize that person’s career in the department.” It is also “irrelevant,” he added.
“An allegation or misconduct should be investigated,” Lunder said. “Either it was not investigated or the action was condoned.”
Paul has contended that his superiors at least up to the rank of captain and perhaps including Jannone and Gates, knew or his activities and sanctioned them.
He has been partially supported by only two immediate superiors, however, while all other ranking officials have disclaimed any knowledge.
5. FURILLO, ANDY, “Study Blames Gates, Top Aides for Spying Violations: PDID: Report Says Gates Misled City on Spying,” Los Angeles Times (Nov 18, 1984)
Los Angeles Police Chief Daryl F. Gates and his top aides were ultimately responsible for “pervasive” violations of Police Commission guidelines that led to unconstitutional police spying on law-abiding citizens according to a law firm hired by the city to investigate the now-disbanded Public Disorder Intelligence Division.
“Our analysis suggests that the PDID problems were not created by rank-and file officers but emanated from the attitudes of senior staff officers at the highest levels of the department,” stated the law firm. Munger, Tolles & Rickershauser in a confidential report to the Police Commission’s chief investigator.
“We believe that PDID’s demise lies with the PDID commander, the directors (of the Office of Special Services) and the Chief of Police. The initial impetus for resistance to
Commission guidelines came from that top management and shaped the attitude with which PDID supervisors and officers approached civilian oversight,” said the report. A copy of which was obtained by The Times.
The report accused Gates and other high-ranking police officials of misleading city officials and the public about PDID’s activities: of limiting the scope of an internal! probe into the activities of a PDID detective accused of misconduct, and of undercutting commission efforts to monitor the division by withholding vast quantities of intelligence documents through a narrow interpretation of Police Commission guidelines.
First adopted in 1976, the commission guidelines barred the department from spying on residents engaged in constitutionally protected activities and provided for periodic review of the division’s records by the five-member civilian com mission.
The law firm was hired a year ago by the Police Commission and City Council as part of a sweeping investigation of PDID. Directing the firm’s investigation was attorney Daniel P. Garcia, an appointee of Mayor Tom Bradley to the Planning Commission.
The investigation was undertaken after PDID was abolished by the commission amid disclosures that officers had spied on law-abiding people and that PDID Detective Jay Paul had stashed 100 cartons of intelligence materials in his home and garage. Paul, it was later learned was linked to a private right-wing intelligence organization that was building a massive data base on political liberals and leftists.
Charged with nine counts of misconduct, Paul was found guilty of only one by a departmental trial board. After the longest disciplinary hearing in department history, the board concluded that the detective’s immediate superiors had sanctioned most of his activities.
The law firm noted in its report that the verdict “clearly proves that the real issue was not simply the whimsical conduct of a single eccentric, but rather an outgrowth of an attitude which outwardly proclaimed a desire to comply with civilian oversight but inwardly sought every expedient means to curtail the extent of that over sight.”
Sources close to the commission’s council inquiry said the findings of Munger, Tolles and Rickershauser closely parallel those of Cmdr. Jack White, the Police Commission’s chief investigator, who has incorporated the law firm’s conclusions into his own report. His report is now being circulated among certain city officials.
White’s report is expected to form the basis of possible disciplinary action by the commission against police officials, including Gates, who has been reprimanded twice by the commission during his six years as chief. White acknowledged Saturday that he had received Garcia’s report but would not comment further.
Furnished a copy of the law firm’s 11-page summary by The Times, Gates responded angrily in a prepared statement: “My preliminary review indicates that the analysis is seriously flawed. It includes unfounded quantum jumps and is riddled with unsupported speculations based on substantive errors. Before I can comment further, I have to carefully study” the report….
“I think I have been seriously libeled in much the same way as Gen. (William) Westmoreland. I will read it very carefully and have my lawyer read it very carefully. The sad part is that if the taxpayers paid for this, they got gypped.”
Garcia, the report’s author, refused to discuss the investigation, other than to say that the report was submitted to White a few weeks ago. “I’m not going to con firm or deny anything,” he said.
The law firm, in reaching its findings, reviewed, among other things, scores of police intelligence files, the department’s exhaustive internal affairs probe of Paul, transcripts of his disciplinary hearing, audits of PDID and numerous depositions taken in connection with the American Civil Liberties Union’s now-settled police spying lawsuit.
The firm concluded that “the intent and purpose of Police Com mission guidelines were routinely circumvented within PDID. These violations included the investigation of organizations and individuals which were not the legitimate subjects of surveillance under the guidelines” and the “maintenance of records pertaining to these un- authorized investigations.”
Although the law firm said its report should not be considered a “comprehensive indictment” of all PDID activities, it said “the evidence shows that the commission’s attempts to restrain PDID conduct within constitutional boundaries and to monitor compliance with these goals were frustrated time and time again by departmental conduct.”
Violations of Police Commission guidelines flourished, the report said, because Gates and other top police officials apparently interpreted the guidelines narrowly, excluding, by one PDID supervisor’s estimate, 75% of the division’s records from commission scrutiny.
Police officials arbitrarily exempted some documents from the guidelines by designating them as “briefings” and “personal” or “investigator” notes, saying only that files designated as formal or criminal files, were subject to commission rules, the report said.
“This perspective on the guidelines and view of the proper scope of ‘public disorder’ intelligence activities appears to have been shared by top management, including Chief Gates, Asst. Chiefs (Robert L.) Vernon and (Marvin D.) Iannone,” according to the report.
“The effect of this view was to render the guidelines virtually meaningless with respect to a significant portion of PDID and department intelligence gathering activities ….
“The truly Byzantine and internally inconsistent department interpretations of commission guide lines manifests a certain reluctance, at the highest levels,’ to accept oversight.”
The law firm added, however, that it was unable to determine whether “these misinterpretations of the guidelines were a result of confusion, misunderstanding, supervisorial or commission neglect or outright disobedience, although each of these elements appears to have contributed to an overall pattern of partial non-compliance.” But the Police Commission, whose members are appointed by the mayor, is not completely free of blame, the report said.
“Evidence suggests,” according to the report, “that the department advised the commission about certain definitional problems with the guidelines . . . to which the commission did not effectively or clearly respond.”
Still, the department neglected to tell commissioners “that massive quantities of intelligence material routinely used in various PDID intelligence activities . . . were beyond the reach of commission audits.”
In another section of its report, the law firm called into question statements made by Gates and other police officials to the press, the City Council, the Police Commission and other agencies about PDID’s activities.
“A dispassionate review of the statements made by LAPD to the press concerning PDID reveals that the department repeatedly made erroneous and sometimes mislead ing statements about the extent” to which certain organizations were of interest to police officials.
These included the National Lawyers Guild, the Citizens Com mission on Police Repression and the Coalition Against Police Abuse, all of which have been critics of police intelligence practices.
In a book-length supporting document, the firm also accused Gates of failing to “provide the Police Commission with a full and accurate description of PDID’s surveillance” concerning the Citizens Commission on Police Repression and several other groups then suing the department for alleged illegal intelligence practice.”
Although Gates- had repeatedly denied any police interest in those groups, the law firm said, “Our analysis suggests that disclaimers of interest concerning peaceful plaintiff groups by PDID or the chief of police were not accurate and were misleading.”
Summarizing its conclusions regarding “misinformation” given to the Police Commission and City Council, the report said: “There is no question but that incorrect in formation was issued by the department and the office of the Chief of Police regarding various PDID activities,” but, it added, “there is insufficient evidence to conclude at this time that Chief Gates and other department spokesmen deliberately misrepresented the status of affairs in PDID.”
The law firm urged the Police commission to investigate further whether Gates and his top aides deliberately misled public officials and to include those findings in its initial report. While praising the department’s Internal Affairs Division for conducting a “thorough, professional trustworthy,” investigation of Detective Paul’s activities in PDID, he firmly criticized the probe for failing to examine possible “acquiescence and participation in Paul’s activities” by top-level department management.
“While we have not found evidence which establishes a deliberate cover-up of PDID violations, the scope of the (in-house) investigation appears to have been denied more by considerations of investigation strategy (in the ACLU case) than by standards of objective inquiry,” the report said.
“It is evident that the investigator stopped at J. Paul and investigators seemed determined not take some degree of responsibility for the limited scope of the investigation resides with top management, including Chief Gates and Assistant Chiefs Vernon and Ian· none,” the law firm said.
In its supporting material, the law firm cited several examples in which PDID officers and police officials provided investigators and ACLU attorneys with contradictory and “inconsistent” statements.
Vernon, for example, told internal affairs investigators that he had “heard rumors” that some files had been removed from PDID. But in a later deposition taken in connection with the ACLU lawsuit, the report noted, Vernon said he had never heard such rumors.
The report went on to say that if Vernon did hear such rumors, he made “no attempt to determine whether the rumors he had heard were true.”
The report also raised the possibility that Vernon who oversaw the Paul investigation as head of the Office of Special Services, was indirectly involved in coaching a witness against the detective.
According to the report, former PDID Capt. John Cleghorn disclosed at Paul’s disciplinary hearing that before his testimony he was “reminded” by an internal affairs investigator “to testify that Vernon had requested that all documents presumably related to PDID which were outside the division, be brought back in.”
The report said that “one can only assume” that the investigator was asked to offer this reminder by Vernon, the investigator’s superior. “This appears to be improper indirect prompting of a witness by the officer in charge of the entire investigation,” the report said.
Police spokesman Cmdr. William Booth said neither Vernon nor Iannone, who oversaw PDID in the early 1980s, would comment on the report.
As for the activities of Paul, the report concurred in the decision reached earlier this year by the police disciplinary tribunal that, despite contrary assertions by the department, his conduct was encouraged by immediate superiors.
Paul, the report said, was viewed as a “resource” who “was frequently called upon to furnish information in the form of special reports for the benefit of top department management,” including Gates.
According to the law firm, Paul, at the request of “the office of the Chief of Police,” produced a dossier on Superior Court Judge Jerry Pacht detailing his political activities as a teen-ager, and a “connections report” establishing links be tween several activist groups that had sued the Police Department over its spying activities.
The connections report, which violated Police Commission guide lines, was disseminated at a time when both Gates and Vernon were assuring the City Council and the Police Commission that the department had no interest in some of the very groups included in the secret study, the law firm said.
The law firm stated that the detailed settlement reached in the ACLU’s lawsuit against the department should go a long way toward curbing guideline violations that had been “so pervasive as to raise questions as to the ability of the Police Commission to provide any meaningful oversight.”
The $1.8-million lawsuit settlement imposes some of the most stringent restrictions on intelligence gathering anywhere in the nation. However, the ability to adequately monitor future intelligence practices is dependent on an “infusion of (manpower) resources,” the report said.
Although the law firm’s report represents one of the final chapters in a controversy that for years plagued the department, the matter is still not over. The district attorney’s office has been investigating the PDID affair for possible criminal violations, and is expected to issue a report after the City Council and Police Commission disclose their study.
PDID was abolished and replaced with the Anti-Terrorist Division after critics had complained for years that the department was spying on law-abiding residents, including politicians and civil libertarians.
In 1978, the Coalition Against Police Abuse filed suit in Superior Court, charging that police infiltrated the organization. By 1983, the list of plaintiffs had grown to 131.
After weeks of indecision, the City Council voted narrowly to settle the case out of court for $1.8 million, believing that the city faced potentially greater losses should the lawsuit go to trial.
By then, the city’s case had been substantially weakened by disclosures in early 1983 of Paul’s activities, which prompted the division’s abolition, and by the report of a special panel headed by Deputy Chief Jesse Brewer, assessing what went wrong in PDID.
Brewer’s report-upon which Munger, Tolles and Rickershauser relied concluded, among other things, that the division had failed to keep up with changing societal values and was riddled with management problems that resulted in wasteful and improper investigations.
C. The controversy surrounding the Lupe Song began at UCLA where a fraternity had been disciplined. The ZBT at CSUN decided to stand in solidarity with their brothers at UCLA and passed out flyers celebrating a Mexican festival honoring “Lupe” that was a 13 year old dead Mexican girl that they were screwing. [See document # 6] I learned about the ZBT party from one of the advisers at the Student Union who called me and asked me to meet with him, and I did.
At the meeting he showed me the ZBT flyer and told me that he had reprimanded the ZBT president and suggested consequences if the frat continued passing out the flyer. I was acquainted with what was happening at UCLA but I was in the middle of my suit against the University of California Santa Barbara where I had uncovered information about how the UC operated. For example, Ralph Ochoa was regent, He did extensive business with the University of California. Although he said he was my friend, he worked to undermine my case. Moreover, at least six Chicano professors were meeting with the UC legal counsel and passing on information.
The CSUN student adviser told me that the response of the ZBT president was belligerent, responding that it was the fraternity’s right to hold the party and sing the song and that they were in solidarity with their brothers at UCLA. The flyer was so blatantly racist and sexist that he felt that he could not withhold the information. Anyway information would eventually come out.
I related the conversation and showed the flyer to my chair Gerald Resendez and the chair of MEChA. We knew that we had to do something so we planned a protest rally. Fortunately or unfortunately the public had been politicized by the protests at UCLA that Los Angeles Times columnist Al Martinez tied together in document # 6. When we broke the news, the reaction was instant. We knew that we had to be cautious. The ZBT was founded as a national Jewish fraternity in 1898 as a refuge for Jewish students who were discriminated against by mainstream fraternities. It had a laudable progressive history, which the Lupe incident betrayed that history. We contacted the Jewish leadership on campus that responded positively. Notable was the head of the Hillel on campus and Dr. Jody Meyers who was a professor of Jewish Studies as well as other Jewish professors that were to the person supportive. The only exception was Professor Cynthia Rawitch who was the faculty publisher of the Sundial and whose husband was the editor of the San Fernando Valley section of the Los Angeles Times. We made certain that the demonstrations stayed focused on racism and sexism.
To make a long story short, President Blenda Wilson was at first shaken by the blatant racism of the Lupe Song. The ZBT was suspended “until January, 1994, for distributing the party flyer that violated campus rules against sexism and racism and touched off campus demonstrations. The ZBT campus leadership remained defiant and threatened to sue. I do not remember ZBT saying it was sorry or admitting that it made a mistake. An attorney for the ZBT filed a lawsuit claiming that its first amendment rights had been violated. We learned soon afterwards that David Horowitz’s right wing foundation was funding the suit.
Out of the blue our chair got a call from Wilson asking us to soften our opposition and make nice, nice with the ZBT, When he said no, her office organized a meeting involving MEChA students. Wilson brought in heavy hitters to support her on settling the suit. With her was the former general legal counsel for the MALDEF, Vilma Martinez, a partner in Munger, Tolles & Olson, I knew her as a Regent for the University of California System. With her was Fernando Gómez, the general counsel for the CSU. The private meeting was congenial but tense. They pressured us to go along with a settlement that would lift the suspension of the ZBT, we refused. At the general meeting, Gomez made an impassioned plea to the students saying that we would lose and the CSU would spend hundreds of thousands of dollars uselessly.
CHS and MEChA refused to go along with the settlement that Wilson made anyway. The Faculty Senate passed a resolution that boycotted ZBT, and matters go worse. Wilson practically made an act of contrition, committing CSUN to pay for the attorney fees of the ZBT.
Horowitz had deep pockets: The Center for the Study of Popular Culture was funded by right-leaning organizations such as the Olin and Bradley foundations and Scaife Trusts. He belonged to a large network of far right foundations that are tax exempt. According to Horowitz, “The idea is to fight for the rights of these students to harbor and express any idea they might have-including those that others consider offensive. A larger goal is to use the legal system to whittle away at sexual harassment codes and hate-speech rules that some campuses have implemented.” Horowitz crowed that they did not think that Wilson’s capitulation would be so easy.
Meanwhile, we asked: would this deal have been made if Lupe had been made if a different ethnic group had been targeted? The matter closed with the Faculty Senate passing a resolution to boycott the ZBT. The matter was soon forgotten and on we went to the UCLA Student Hunger Strike.
Unexplored is the link between the spies and the chinches (bedbugs). The footprints of the Western Goals Foundation stained the PDID case; in this instance it was The Center for the Study of Popular Culture. It is fair to assume that each had ties to police that has historically had a community of interests with the right wing.
6. AL MARTINEZ, “’Lupe’ and the Guys,” Los Angeles Times (November 12, 1992).
College humor, as everyone knows, has never been based on goodwill, honesty, spiritual enhancement, parental love or family values.
It tends more toward scatology, human failure and sexual heroics, those being the upper limits to which college guys aspire.
The same is true with fraternity drinking songs. They usually end up debasing someone because, the theory goes, it somehow isn’t right getting drunk while singing “Amazing Grace” or “The Itsy Bitsy Spider.”
College humor, as everyone knows, has never been based on goodwill, honesty, spiritual enhancement, parental love or family values.
It tends more toward scatology, human failure and sexual heroics, those being the upper limits to which college guys aspire.
The same is true with fraternity drinking songs. They usually end up debasing someone because, the theory goes, it somehow isn’t right getting drunk while singing “Amazing Grace” or “The Itsy Bitsy Spider.”
Madrigals, hymns or songs sung around the old campfire simply do not qualify as . . . well . . . testicular enough to be included in those celebrations that combine male undergraduates and booze in bacchanalian songfests.
That general theory was applied when, earlier this year, UCLA’s Theta Xi fraternity distributed a songbook to its members that ultimately got it suspended.
The book was passed around, if you can imagine, as an “associate member educational manual” and featured, among other ditties, a tune called “Lupe.”
According to its lyrics, Lupe was a “hot . . . Mexican whore” who lost her virginity early and “finished her life in a welter of sin,” most elements of which are described in blunt, less than lyrical terms.
“Lupe” caused an uproar on the UCLA campus. Everyone, with the possible exception of fools and the guys of Theta Xi, condemned it as sexist, racist and vulgar.
When the dust had settled, the fraternity was lodged in hell and everyone was swearing a new allegiance to love, caring and social sensitivities.
But somehow Cal State Northridge just never got the word.
In a spirited effort to destroy itself while simultaneously supporting the principles espoused by Theta Xi, CSUN’s Zeta Beta Tau recently gave itself a Mexican theme party partially in honor of . . . you guessed it . . . good old Lupe.
“In honor of Lupe” appeared on party flyers distributed throughout the campus and, predictably, was followed by an expression of outrage equivalent to a small revolution.
Several hundred students, led by organizations of women and Latinos, rallied against the fraternity, the song, racism, sexism, obscenity, vulgarity and the fact that the tune has absolutely no redeeming social values.
It remains unclear why the Zeta-Betas, as they are known, chose to make reference to Lupe after so much hell was raised on a campus a dozen miles away for more or less the very same reason.
Some blame the presence of smog in the Valley for diluting the significance of the outrage at UCLA, thus lulling ZBT into a somnambulant state when it came to defining its own brand of fun.
Others shrug and say what can you expect of a generation raised on the likes of Madonna, Howard Stern and pepperoni pizza?
Fraternities have always been the college equivalent of street gangs, utilizing financial thuggery, snobbery and rejection as primary weapons.
Jews and blacks were once their targets of choice and now, to a limited degree, women, gays and Latinos are apparently the ones to get, through one means or another.
Smug hatred, as it turns out, is not limited to the outside world but finds a place, however uncomfortable, within the ivy-covered walls of academia.
Bad taste among fraternity boys isn’t a suddenly acquired trait.
I recall similar episodes of insensitivity from my own undergraduate years, although most of us had wit enough to simply drink and make out, without regard to cultural qualifications.
“Lupe” is a vile piece of work we would not have allowed into our lexicon of drinking songs for all of the reasons cited above. I’m not sure we were nobler in our outlook toward women and minorities than today’s undergrads, but we knew what kind of words caused pain and tried to refrain from using them.
I asked CSUN’s vice president for student affairs, Ronald Kopita, how something like the “Lupe” business could occur. He ultimately suspended Zeta Beta Tau for its flyer.
Kopita blames it on students who lack a clear understanding of what’s offensive and what isn’t, a vision impaired by 12 years of Republicanism in the White House that was insensitive to caring about people.
“But the disenfranchised are rebelling and aren’t going to take it anymore,” he says, adding: “The message is, ‘Look, kids, things are going to be different.’ ”
What gives one pause for concern is that, unless their fun assumes less hurtful levels, the guys who sang “Lupe” are going to be humming it someday in high places, with what impact we can only imagine.
I’m not looking for doxologies at a beer bust, but tunes free of hatred might be nice.
7. Enriquez, Sam. “CSUN Officials Suspend Zeta Beta Tau Over Protested Flyer Education: Some say the ruling, which puts on hold until 1994 all university relations with the fraternity including financial support, is too lenient,”[Valley Edition] Los Angeles Times (pre-1997 Fulltext) [Los Angeles, Calif] 10 Nov 1992: 3.
Cal State Northridge officials said Monday that the Zeta Beta Tau fraternity has been suspended until January, 1994, for distributing a party flyer last month that violated campus rules against sexism and racism and touched off campus demonstrations by Latino students.
“Racism and sexism have no place on this university campus,” said Ronald Kopita, CSUN vice president for student affairs, who ordered the suspension after hearing recommendations from student groups that reviewed the incident.
The ruling suspends all CSUN relations with the fraternity, including financial support.
Fraternity members have admitted they had acted improperly by posting invitations to a Mexican-themed party that made reference to a fictional “Lupe,” the main character of an obscene and vulgar drinking song. The song had appeared in a UCLA fraternity’s songbook earlier this year, prompting student protests and the temporary suspensions of two fraternities there.
Jose Luis Vela, chairman of the CSUN chapter of MEChA-a Chicano student group that organized protests against ZBT-said the 14-month suspension is not sufficient punishment.
“Other fraternities will see that the school is lenient against racism and sexism,” Vela said. “They should have been suspended permanently.”
But Scott Krivis, a ZBT alumnus and spokesman for the fraternity, said the suspension is too harsh a penalty, and is considering filing a lawsuit against the school.
“The UCLA fraternity that actually had the song in their songbook was suspended for less than one month,” Krivis said. “We are going to fight this decision.”
Krivis said the 61-member fraternity is at most guilty of “an error in judgment.” The fraternity has sent out a letter of apology, fired its student officers and offered to attend workshops on multiculturalism.
ZBT members have said that a single member was responsible for the flyer, and that he did not even know the lyrics of the “Lupe” song.
But campus officials said fraternity members in an Oct. 9 meeting defended their right to hold the Oct. 10 party, aware that it would be offensive to many students and in violation of campus rules.
ZBT officers should have known the party flyer was wrong because copies of “Lupe” and other offensive fraternity songs had been distributed to CSUN fraternity leaders earlier in the month, school authorities said.
Kopita found the fraternity violated the code of ethics governing campus organizations holding a school charter. The code, to which ZBT representatives agreed, prohibits actions that “promote degrading or demeaning social stereotypes based on race, ethnicity, national origin, gender, sexual orientation, religion or disability.”
Kopita has also ordered that ZBT members participate in educational workshops before they are reinstated. Following its suspension, ZBT will also be on probation for one year.
“Organizations must be held accountable for the actions of their members,” said Kopita in a written statement.
Kopita said he plans to require leaders of student organizations to attend a workshop each year on dealing with ethnic and other minority groups.
8. Berger, Leslie. “CSUN Teachers Vote to Boycott Fraternity: [Valley Edition] Los Angeles Times (12 Mar 1993).
Eager to show solidarity with campus minorities, the Cal State Northridge Faculty Senate on Thursday called for a boycott of a fraternity whose suspension over a controversial party flyer will soon end under the terms of an unpopular legal agreement.
The faculty members adopted the resolution after university officials this week announced plans to settle a lawsuit brought by the campus chapter of Zeta Beta Tau, whose invitation to a party last fall offended Mexican-Americans with a reference to what critics said was a song about a “Mexican whore.”
“If the courts can’t do it, we can do it as a moral thing,” said Kenyon Chan, chairman of the Asian-American Studies Department who suggested the boycott.
Later, fraternity lawyer Jeff Berns called the proposed boycott “out of line” and said in a phone interview that “ZBT would like to put this behind them, would like to get together with the campus and start building bridges and we’ll see who the most mature members of the campus are.”
University President Blenda J. Wilson also opposed the boycotts, telling the gathering of faculty representatives their mission was to educate students, not punish them with a measure she considered isolating.
“They’re young people. They come here to learn, to grow and develop, and they can’t do that if your view is to punish,” Wilson said. “You can condemn, but don’t punish.”
But in a heated discussion that often mirrored the national debate over free speech versus sensitivity to minority concerns, Chan and other professors said most CSUN students were legally adults and that punishment is a form of teaching.
“As a mother of a 10-year-old, I know you can’t forgive all the time,” said political science professor Jane Bayes. “You have to make a statement on how to live and stick by it.”
“I don’t want a motion that’s just fluff,” said Chan. “A boycott sends a message to minority students that we’re tired of ignoring those who trample them.” The 84 Senate members are elected to represent the campus’ 630 full-time instructors. Their resolution condemns ZBT’s behavior as “an affront to the entire campus community, in particular, Chicano/Latinos and female members.”
It urges a boycott of all ZBT activities for one year, although several professors conceded they never attend fraternity functions anyway.
The Faculty Senate took the action after Chicano studies professor Rudy Acuna criticized the advisory group for failing to speak out against the controversial ZBT flyer, which outraged Mexican-American students with its invitation to honor “Lupe,” who critics identified with the fictitious Mexican prostitute in book of ribald fraternity songs.
Noting that ZBT is a predominantly Jewish fraternity, Acuña also criticized the Anti-Defamation League, campus women and Jews, and other minority groups for failing to rally behind their Mexican-American colleagues.
“I don’t think we have acted as a community,” Acuña said.
Wilson said she, too, had been troubled by the lack of a campus-wide outcry. But she defended the decision to settle ZBT’s lawsuit out of court and reinstate the fraternity on April 1, ending a 14-month suspension after only 4 1/2 months.
CSU lawyers advised that the university probably would have lost the case if it went to trial, especially if a judge had accepted ZBT’s contention that the suspension violated its First Amendment rights, Wilson said. She added that she and other university officials decided that the cost of the legal battle-an estimated $30,000 a month for the school’s fees alone-could be better spent, particularly during a budget crisis threatening instructor layoffs.
“While in court, we are not educating anybody and that’s our role,” Wilson said Thursday. “And why give dear money to a cause that serves no purpose?”
Under the terms of the settlement, ZBT has agreed to publish a full-page apology in the campus newspaper, the Sundial, for four consecutive days. Members will also have to attend workshops on cultural diversity.
But student leader Jose Luis Vela, president of the campus chapter of Movimiento Estudiantil Chicano de Aztlán, said campus Mexican-Americans are bitter and plan a demonstration and vigil on Monday to protest what they consider lenient treatment of a group affluent enough to wage a costly legal fight.
“We see it as the university giving in to a group that has money,” said Vela.
9. SHARON BERNSTEIN. “Jewish Students Join In Protest of Fraternity’s Reinstatement: CSUN:The groups back Chicano activists in denouncing the decision on Zeta Beta Tau. The controversy stems from a flyer.” Los Angeles Times, March 13, 1993
Meanwhile, the activist Chicano students group MEChA, which organized Friday’s meeting, published the full text of the sexually explicit fraternity song that prompted suspension of the CSUN chapter of Zeta Beta Tau, and distributed about 2,000 copies of the lyrics inside the campus newspaper, the Sundial.
The song, “Lupe,” is a graphic description of various sex acts with a “Mexican whore.” Chicana student activist Teresa Bautista said MEChA decided to publish the song “so people can know what all the fuss is about.”
The lyric sheets were inserted in copies of the newspaper without permission.
The fraternity sued CSUN over the suspension, which was to have lasted until January, 1994. But under an agreement announced Wednesday by CSUN President Blenda Wilson, the fraternity will be back on campus April 1. Wilson has said the school does not have the money to fight the suit, which university lawyers advised would be difficult to win because it involves the free-speech rights of ZBT members.
Although ZBT made reference to the song in its flyer– an invitation to a Mexican-themed party to be held in honor of “Lupe”–the fraternity did not quote the song.
At the noon demonstration held Friday, members of the Anti-Defamation League–an anti-racism group founded by Jews–CSUN Hillel, a Jewish studies professor and members of other Jewish student groups said they joined with the Chicano students in their anger against the fraternity.
About 100 joined the demonstration, including students from at least one Chicano studies class who were required by their professor to attend.
Together, the organizations called for ZBT to be suspended the full 14 months of its original punishment and for members to perform community service for a Chicana women’s organization. They said ZBT members should also be required to hold a press conference at which each member of the fraternity would state his name and publicly apologize.
“As a professor of Jewish studies, the terrible irony of this situation does not escape me,” said Jody Myers, who coordinates the CSUN Jewish studies program.
In her classes, Myers said, she teaches students that ZBT was founded as a fraternity for Jewish youths who were kept out of the exclusive white fraternities that dominated campuses at the turn of the century.
And far from being simply a social organization for young men, Myers said, the fraternity was founded to perform social services and promote fairness. The letters that form its name, she said, are not really Greek, but are an acronym for the three Hebrew words that make up a call for social justice found in the biblical book of Isaiah.
“I am sure the founding members of the fraternity are turning in their graves,” Myers said.
For many of the Chicano students who attended Friday’s event, the presence of the Jewish students laid to rest fears that the religious minority was standing behind ZBT simply because the fraternity is predominantly Jewish.
“We feel very good that we got such good support from the Jewish community,” said Jose Luis Vela, president of the CSUN chapter of MEChA, who had earlier criticized Jewish groups for not coming forward. “Things are looking much better. The fact that they were here makes it much easier.”
Jeff Berns, attorney for ZBT, said the fraternity was being unfairly vilified.
“I’m sorry that people aren’t willing to allow for mistakes when you’re dealing with young men, because that’s all this was–a mistake,” Berns said.
He accused MEChA of inflaming racial tensions and said the fraternity had no intention of acceding to the demands of MEChA and the other groups.
For its part, MEChA–led by students and activist professors–is redoubling its efforts to move the campus community to take action against ZBT. The flyer distributed in the Sundial also called for students and community members to protest at demonstrations scheduled for Monday.
Cynthia Rawitch, the CSUN journalism professor who is publisher of the Sundial and acts as adviser to the student writers and editors, said she does not anticipate taking action against the students for inserting the words to “Lupe” in the paper without permission.
“There’s enough retribution and punishment going on at the campus right now without my adding to it,” Rawitch said.
10. Bernstein, Sharon; Chastang, Carol. CSUN Settles Suit on Controversial Fraternity Flyers Rights: The school agrees to reinstate the Zeta Beta Tau chapter. The decision angers a group of Chicano students and professors.[Valley Edition] Los Angeles Times (11 Mar 1993).
Rather than fight a potentially expensive lawsuit, Cal State Northridge has agreed to reinstate a campus fraternity suspended for distributing flyers considered offensive to Mexican-Americans, school President Blenda J. Wilson said Wednesday.
The decision prompted a group of angry Chicano students and professors to walk out of a meeting called by Wilson on Wednesday evening to discuss settlement of the suit, which was filed by the campus chapter of Zeta Beta Tau.
“You make it seem like we should just settle, just be quiet and it will go away,” CSUN senior Teresa Bautista said to Wilson. “You just want us to forget about it.”
Bautista was among 30 or so angry students who Wilson followed out of the meeting at the school’s University Club after failing to persuade them to listen to her explanation. After a few minutes, they left, marching across campus and shouting, “Chicano Power.”
Wilson said she agreed to the settlement in large part because the lawsuit would have been expensive and difficult for CSUN to win if the court accepted the fraternity’s contention that the suspension violated its First Amendment rights.
“At a time when the university is very, very strapped for funds, we received an estimate that it would cost us at least $30,000 a month for our legal defense,” Wilson said. “And if we lost we would have to pay the legal fees of the opposing side. We figured we were looking at $60,000 a month or more.”
Under the terms of the settlement, which was reached Wednesday, the fraternity will be reinstated on April 1.
For its part, ZBT has agreed to place full-page advertisements in the campus newspaper for four consecutive days, apologizing for the incident. Members will also be required to attend educational workshops on cultural diversity.
ZBT attorney Jeff Berns said the fraternity was apologizing for the hurt feelings of Chicano students rather than for the specific words on the flyers, which he said were protected by fraternity members’ right to free speech. “We were willing to accept a certain punishment, more to help the campus appease the students that are screaming for blood,” said Berns, an alumnus of the Northridge ZBT chapter. “We’re not admitting we were wrong.”
The settlement cuts short a 14-month suspension that was ordered against the organization last November, after members distributed a flyer inviting students to a party honoring “Lupe,” a fictitious Mexican prostitute in a ribald fraternity song.
The flyers outraged members of the campus Chicano community, who said that the song, “Lupe,” insulted both Mexican-American women and the religious figure of the Virgin of Guadalupe, from whom the song’s title character derives her name.
The fraternity will remain on probation and will be barred from participating in intramural sports for the remainder of the school year, according to the settlement terms.
The group of students and professors who stormed out of the meeting with Wilson said they were planning a protest against the decision.
“I don’t see how you can say this is their free speech,” said student Iris Miranda. “It’s demeaning to us.”
Wilson, however, insisted that shortening the suspension to 4 1/2 months does not detract from its effectiveness. It still punished the fraternity, she said, and focused attention on the need for understanding among cultural groups on campus.
Wilson said she accepted the fraternity’s apology as sincere, and at the meeting on campus urged students to try promote understanding by talking with ZBT members.
“They have at least learned that there were people who were hurt, and that there is a consequence to words,” Wilson said.
But Bautista said she had tried to discuss the incident with ZBT members and had been rebuffed.
“They don’t look at or listen to me, because I’m subhuman to them,” she said. “I tried, but they don’t care.”
11. Bernstein, Sharon, “Network of Rightists Recruited by Activist Studio City: Ex-leftist’s group of lawyers defends college conservatives accused of being sexist, racist or homophobic.” [Valley Edition] Los Angeles Times (12 Apr 1993)
A Studio City conservative activist has organized a nationwide network of mostly right-wing and libertarian lawyers to defend fraternities and campus conservatives when they are accused of being sexist, racist or homophobic.
David Horowitz who made a name for himself as a former leftist radical who switched to the right-has put together a battalion of about 20 lawyers, with new recruits signing on almost daily. They are the latest-and arguably best organized-entrants into the long-simmering battle over what its detractors call political correctness on college campuses.
The group is just a few months old, but it already has about a dozen cases and chalked up some significant successes: last month, it persuaded Cal State Northridge to reinstate a fraternity, Zeta Beta Tau, that had been suspended for circulating a party flyer Latinos called offensive.
And last week, the group’s support of a fraternity at Occidental College forced the university to drop disciplinary action against a fraternity there, and rewrite its sexual harassment code.
“I didn’t expect it to be this easy,” Horowitz said.
The New York-bred son of members of the American Communist Party, Horowitz made a splash in the 1950s and early 1960s as an intellectual leader and writer in the New Left. With Peter Collier, who is still Horowitz’s writing partner and who is also now conservative, Horowitz edited Ramparts magazine in the 1960s and joined forces with the Black Panther Party in the 1970s.
His world was jolted and his turn to the right began, he says, when a close friend was slain, and he came to believe that the Black Panthers did it.
Now 54, he runs a $700,000-a-year conservative foundation called the Center for the Study of Popular Culture, which is funded by right-leaning organizations such as the Olin and Bradley foundations and Scaife Trusts.
Late last year, he turned his attention to college campuses.
With San Diego attorney John Howard, who had contacted him previously about his publications and political beliefs, he began to reach out to conservative lawyers who would take such cases on a pro bono or discounted basis. He also looked for students and dubbed the effort the Individual Rights Project.
Horowitz ran the following advertisement in Heterodoxy, a magazine he edits with Collier and has distributed on college campuses, to journalists and to people whose names appear on the mailing lists of conservative organizations:
If you are a student, or a student organization, or a fraternity/sorority in the state of California and are being harassed by a spineless college administrator or by campus thought police or by politically correct fascist running dogs and wish free legal counsel . . . Contact John Howard.
The idea is to fight for the rights of these students to harbor and express any idea they might have-including those that others consider offensive. A larger goal is to use the legal system to whittle away at sexual harassment codes and hate-speech rules that some campuses have implemented.
“Part of it is tactical,” meant to bolster conservatism on campuses in the face of liberal or leftist faculties and rules, Horowitz explained.
And a third aim, more peculiar to Horowitz, perhaps, is personal. Like many of his fellow Red Diaper Babies-a counter-culture term for the children of Communists-Horowitz delights in needling the left.
Heterodoxy, launched last April, is as much about making fun of liberals and leftists as it is about promoting conservative ideas. Horowitz says he is active on college campuses because, to borrow a phrase from the conservative 1950s, they are hotbeds of radicalism.
“I chose the university because the left is dominant there,” he said in a recent interview.
The efforts seem to be working.
In the case of Cal State Northridge, Jeff Berns, the attorney representing the embattled ZBT fraternity, said he was ready to give up when he got a call from Howard, offering to help out. ZBT had been suspended for circulating a flyer that made reference to to “Lupe,” a fictitious character in a bawdy song described as a “Mexican whore.”
“They contacted me and explained to me that they’re civil libertarians and how the First Amendment plays into things like this,” said Berns, a personal injury attorney who had little experience with speech issues. “They pointed me in the right direction, and any time I had a question, they were there for me.”
Howard told him about a little-known California law that guarantees students on college campuses the same free speech rights that they would have in society. He urged Berns to sue the university, demanding reinstatement and claiming that the fraternity’s freedom of speech had been violated.
A couple of letters and meetings later, CSUN capitulated, convinced a legal battle would be fruitless. The fraternity was reinstated April 1.
At Occidental, Howard handled all of the legal work himself. In that case, Alpha Tau Omega was threatened with disciplinary action for distributing a poem last fall that describes the rape of a woman, in apparent violation of the school’s sexual harassment policy.
Howard contacted the president of the fraternity, Alex Lebrija, and dictated a stern letter to university officials over the phone.
The university gave in. But when a group of professors and students attempted to file another complaint against Alpha Tau Omega, Howard got tough.
He sued not only the college, but professors, administrators and even the student who had made the original complaint.
In a settlement signed last week, Occidental agreed to drop all disciplinary action against the fraternity and its members, and rewrite its sexual harassment code so that incidents such as the distribution of a lewd poem would not be covered.
(As part of the settlement, the fraternity agreed to acknowledge that the disciplinary action was prompted, in part, by two nude runs through campus.)
Lebrija said he doesn’t care about Howard’s politics-he’s just grateful for the help.
“I haven’t really thought much about the political aspect,” Lebrija said. “I’m not affected by that at all.”
As word of the Individual Rights Project has spread, Horowitz and Howard have heard from-and are acting as advocates for, among others:
* Students at Cal State Chico who spoofed the movie “Malcolm X”-and the clothing and accessories it spawned-by wearing hats with slash marks running through the letter X;
* A student at UC San Diego who claims a professor failed him because he disagreed with her feminist approach to history;
* A conservative student at Marietta College in Ohio who called a homosexual student leader “deviant” in a campus newspaper.
In Ohio, attorney Douglas May said he plans to work on the case at Marietta College. The Cincinnati-based lawyer said he learned about the Individual Rights Project by reading Heterodoxy, which he figures he started receiving because his name was on the mailing list of the conservative National Review.
A born-again Christian, May is an activist for his conservative beliefs.
He said he sees this case in terms of freedom of speech.
“Things can be done with great intentions, but to bend our liberties and our freedoms, I think that’s dangerous,” said May, who like most other attorneys involved with the project is not planning to charge for working on the case.
Not everyone, however, believes that the project is simply a way to support free speech. The project’s detractors say it is no more than an effort to use fraternity members and other students for political ends.
“I think it’s really unfortunate,” said Nalsey Tinberg, faculty president at Occidental College and one of the professors sued by Howard. “This person approached the students, and all avenues in the college for solving these kinds of problems had not been utilized.”
Rudy Acuña, a Chicano studies professor at Cal State Northridge who was involved in the controversy over ZBT, said he was “shocked and saddened” to learn that the Individual Rights Project was involved in the fraternity’s lawsuit.
“Do they want a society where you can put burning crosses in the middle of campuses, where you can put swastikas in the middle of campuses, where you can put Mexicans as banditos in the middle of campus?” Acuna asked. “There have to be some standards.”
But freedom of speech, say the project’s supporters, is a higher cause. Still, they admit that politics plays a role.
Shawn Steel, for example, a Los Angeles-based lawyer who has offered to take on a case for the project, said he would be less likely to work for free if students with liberal politics complained of having their rights violated. “There’s a whole lot of leftist lawyers out there that at a drop of a hat would be there,” he said. “I would say, look, call your buddies at the ACLU. They’ve got an army.”
12. David Horowitz Freedom Center (formerly Center for the Study of Popular Culture) Mailing List http://lists.nextmark.com/market;jsessionid=CB527D10B6BFD0C6540E0C521DB75F71?page=order/online/datacard&id=64300
The David Horowitz Freedom Center (formerly Center for the Study of Popular Culture) is committed to standing up to the liberal bias promoted by leftists in our schools, universities, the entertainment industry, and government. Led by the charismatic David Horowitz, a self-described former “60”s radical”, the center seeks to challenge the left wing forces in our country that are promoting their own liberal agendas.
American Conservative Union
American Sovereignty Project
Club for Growth
FLAME (Facts & Logic about Middle East)
Fund for American Studies
Heritage Action for America
Media Research Center
Mount Vernon Ladies Association
Rockford Institute/ Chronicles Magazine
Secure America Now
Stand With Us
Tea Party Patriots
World Jewish Congress
Wounded Warrior Project
Young Americas Foundation
Zionist Organization of America
D. The relationship between police surveillance and the growth and stability of student organizations and Chicana/o Studies must be more fully explored; it still continues and will increase. On September 2, 2009, CSUN MEChA was holding its first meeting on the lawn between Jerome Richfield Hall and Barman Hall—an area called Manteca Park. Students and faculty observed over than a dozen over aged men with backpacks trying to look like students. At first it was suspected that they were Minutemen; they had intended to disrupt the Chicano Graduation in late May. However, they showed up at the College of Humanities Graduation. Overwhelmed by the numbers, they backed off.
MEChA President Abraham Ramírez and MEChA community liaison Felicia Rivera grew concerned when: “We saw this guy rushing us, coming toward us really fast,” Rivera said. “At the corner of our eye we saw that his group caught up to him and restrained him.” Ramírez continued, “We heard them say something to him like, ‘It’s not time yet,’ then they huddled up again.” Ramírez said. When MEChA left for the Chicana/o House they found the group there. There was a brief encounter, during which the group identified themselves as LAPD officers from the Devonshire Division. The campus police confirmed that they were from the LAPD, and that they were conducting a training exercise.
MEChA and Chicana/o Studies decided not to hold a press conference until all of the facts were collected. The Devonshire Division denied that the officers were acting in an official capacity. They were being trained by a private vendor or contractor with anti-terrorist funding.
The commander of the San Fernando Valley, Deputy Chief Michael Moore, called and apologized to the university. He said that the officers were off- duty and that the LAPD was working under a private contractor— and said it would not happen again. CSUN Campus Police Chief Annie Glavin said Moore assured her that MEChA was not targeted or and that there wasn’t any profiling involved. She stressed that there was no intention to involve the members of the organization in the training exercise, but that LAPD was “wrong and had no business doing what they were doing.” She continued “It was an amazing irony that these officers wandered into territory where MEChA happened to be meeting. These officers had no clue who they were dealing with,” she said. “Needless to say, they do now. I’m sure they are highly embarrassed and thus the apology from the LAPD, a very sincere apology.”
Also coincidental was that Northridge MEChA had been at the forefront of the July demonstrations at the California State University Trustees and was part of a statewide coalition opposing tuition hikes. Meanwhile, a flood of e-mails to the editor of the Sundial were printed which could only be said to be hate literature blaming MEChA.
In January 2010 Chicana/o Studies and MEChA met with Assistant Chief Michael R. Moore, now Director of the, Office of Special Operations and the head of Intelligence for the LAPD, and Michael Downey who in 2006 was with the Counter-Terrorism unit. Shortly after the meeting Downey in April 2010 became a member of the Department of Homeland Security Advisory Council in which capacity he worked on developing a national strategy for countering violent extremism. They apologized, but said that they were still waiting for information on the vendor, and said they were trying to learn the extent to which vendors were being used to train LAPD officers. It was again confirmed that they were funded by federal anti-terrorist funds.
The American Civil Liberties Union was present and submitted a formal request for information. Meanwhile, CSUN and other campuses are receiving funds from the Central Intelligence Agency to conduct classes and seminars on their campuses. We were disappointed with the ACLU that did not follow up with Moore; consequently, there was no resolution. By this time, the ACLU had a Latino director, Hector Villagra, but unlike Ramona Ripston, who was tenacious during the PDID suit, was diffident toward the police. We were disappointed with the lack of follow up.
13. Donnella Collison, ‘LAPD is on our campus’ Sundial (2009-09-29)
CSUN student organization, Movimiento Estudiantil Chicano de Aztlán (MEChA) said they were made the target of surveillance during their first meeting of this semester.
Faculty adviser for MEChA, Dr. Jorge Garcia said that on Sept. 2 they were holding their first meeting on the lawn between Jerome Richfield Hall and Bayramian Hall when they observed the surveillance groups.
“They looked older than traditional students and some were wearing cargo pants, fatigues,” Garcia said. “We were joking among ourselves about who they could possibly be. They looked militaristic.”
“We then noticed that they were doing some maneuvers. They would spread out then move back in together,” he explained. MEChA President Abraham Ramirez and community liaison Felicia Rivera said what happened next caused them to take greater interest in the group. “We saw this guy rushing us, coming toward us really fast,” Rivera said. “We were backing them.
At the corner of our eye we saw that his group caught up to him and restrained him.”
“We heard them say something to him like, ‘It’s not time yet,’ then they huddled up again,” Ramirez said. According to a report compiled by associate chair of the Chicano Studies department Gabriel Gutierrez, “As the meeting continued, it was announced that the meeting would be moved to the Chicano/a house… In the meantime, the group that had at this time taken what appeared to be a rather aggressive posture toward the participants of the MEChA meeting gathered their belongings and proceeded on the walk going north along the library.”
“Somebody told us that they were over at the Chicano/a Studies House. Jesus Flores, Jake Prendez, Gabriel Gutierrez, Rudy Acuna and I went over there, and they were in a cluster in front of the Chicano House,” Garcia said.
He said he approached the group after they began questioning his student, Jesus Flores, after he took out his cell phone and asked him for his ID. “I told them that I was a CSUN
professor and former dean of the College of Humanities and asked what they were doing here,” Garcia said. “One responded with a sarcastic remark. They were very arrogant, giving us orders to move on. I told them that if they had a problem with us that they should contact our CSUN police, that we didn’t have to deal with other police.”
He added that, “One then said that he was LAPD and that they were conducting a training exercise and that they were not armed. He told me that they were not armed several times. I found that suspicious. It was starting to get confrontational. They were really nasty to us.”
Urban studies professor, Dr. Teresa Vazquez, said she was on her way to her office in Sierra Hall when she noticed the group of people with cameras, bags and suitcases. She said she stopped to talk to Garcia when she witnessed the incident.
“It felt very hostile. Unusual. They were being aggressive. My first impression was that it was a hate group. They didn’t behave like police. I even thought that they were from the Minutemen,” said Vazquez. Vazquez said she began to take pictures of the incident when a member of the group approached her.
“One saw me taking pictures and asked, ‘Who are you?’ what department I was from and he took my pictures. I do not think anyone has the right. They took recording and pictures of everyone.”
According to Ramirez, the group, who he calls “undercovers”, left when the campus police arrived. “They (CSUN police) said they knew the group would be here and that they had a permit, but that they were only supposed to be at the bookstore, not here,” Ramirez said.
CSUN Police Captain Scott Vanscoy confirmed that the group was indeed from the Los Angeles Police Department and that CSUN police was aware of their presence on the campus.
“No permit is required,” Vanscoy said. “It is a public university. They called us as professional courtesy and let us know that they would be carrying on a training session practicing their observational skills for about two hours.”
The witnesses of the incident felt the group racially targeted their organization.
Vazquez, skeptical of the reports that the group was conducting training, said because the MEChA group was mostly Latino, the incident seemed like an exercise in racial profiling.
“They saw us and decided to use us for their experiments. Because we were students of color, they felt they could use us as their freaking test subjects,” Ramirez said. “If it were a sorority, they wouldn’t have used them.”
“We were targeted for a good 20-30 minutes. I cannot imagine what type of training that was,” Garcia said.
He said he was unsure whether the group had planned it, or took their meeting as an opportunity to “target brown people, but that was what it became.”
“In the 70s we had undercovers in the classrooms. We had spies hiding behind vending machines at a MEChA conference,” Garcia said. “We have been the target of direct surveillance and harassment in the past. It is not farfetched for us to say this. It is historical.”
Vanscoy said that although the group had not done anything illegal, including taking the pictures, his chief requested that they not grant open permission to the LAPD following this incident but that they still have the right to come. “If this group were to call again, we would have a more lengthy conversation about who, what and where now,” said Vanscoy. “We put some measures in place to prevent this from happening again.”
“If we don’t agree that it will not work out in the best interest of the school, then we can request that they refrain from the activity,” Vanscoy explained.
Garcia said MEChA’s faculty would discuss their next plan of action regarding this incident.
“What we want is that there is no possibility of them coming back here. I’ve got a few suggestions where they can go, maybe Beverly Hills,” Garcia said.
Ramirez said he wants the student body to be informed and aware that the “LAPD is on our campus and using students of color as their test subjects.” “I do not believe that they should have jurisdiction here. Hopefully this will stop them from coming back,” he said
14. Donnella Collison, “LAPD Confirms presence of special unit on campus,” Sundial, (November 3, 2009).
A top Los Angeles Police Department (LAPD) official confirmed that officers were conducting a training exercise at CSUN that involved members of Movimiento Estudiantil Chicano de Aztlan (MEChA) earlier this semester. LAPD is now investigating the incident.
Members of MEChA said they were targeted and profiled first meeting on Sept. 2.
Members said they were followed, harassed and intimidated by “undercover police officers” during a ceremony to welcome first-time freshmen to their organization. “We are investigating how the incident started, specific activities of our officers and any interactions that occurred.
It is unfortunate that there was any interaction or conflict,”said Deputy Chief Michel Moore, who oversees the San Fernando Valley and is a finalist for the position of L.A.’s police chief, recently vacated by William Bratton. “I do not think that there will be any more training by LAPD on CSUN’s campus.”
Chicano/a studies professor Dr. Jorge Garcia, who was present during the confrontation, said he is pleased to learn that LAPD officers would not be returning to CSUN for training. “I think it’s excellent. I do not think this is an appropriate place to conduct raining,”
Garcia said. It creates a climate where students are afraid to exercise their constitutional rights to freedom of assembly, of free speech and of the press.”
Moore said the officers, from the protective security task force, Archangel section of the Emergency Services division, were receiving training experience in monitoring gatherings, crowds or individuals in public spaces and that they were outside his “chain of command.”
They were receiving training from a third party.
“I was unaware that they were on CSUN’s campus. I wasn’t made aware until after the incident. These officers didn’t feel it was necessary to notify the area chain of command that they would be on (CSUN’s) campus, “Moore said.
“Subordinates within LAPD who were running this training didn’t give full disclosure to LAPD command staff and didn’t give full disclosure to us,” said CSUN Police Department
Chief Anne Glavin.“We learned after the fact that they had an outside contractor running the training. We thought LAPD supervisors and LAPD officers,”Glavin said.
Responding to reports of a private third party’s involvement in the incident, Moore said that private companies are sometimes used to conduct training for LAPD to “ensure that all practices are state of the art and contemporary.”
Glavin said that if the CSUN police department had been aware that there would be a third party involved in the training exercise, they would not have been inclined to grant permission to LAPD to come on campus. Glavin said Moore assured her that MEChA was not targeted or that there wasn’t any profiling involved. She stressed that there was no intention to involve the members of the organization in the training exercise but that LAPD was “wrong and had no business doing what they were doing.”
“It was an amazing irony that these officers wandered into territory where MEChA happened to be meeting. These officers had no clue who they were dealing with,” she said.
“Needless to say, they do now. I’m sure they are highly embarrassed and thus the apology from the LAPD, a very sincere apology.”
Garcia said he was still skeptical that there was no profiling involved. “So a group of Mexicans just so happened to be there while they are training and there was no profiling, and they just happen to practice on this group,” Garcia said. “That’s an absurdity, on its face!”
Glavin and Moore have described the incident as an “aberration” and an “isolated event.”
“This is highly unusual and I want to stress this. This was not at all normal business,” Glavin said.
“It was completely something that went sideways. Neither myself nor Deputy Chief Moore approve of what occurred.”
“This hasn’t happened here while she (Glavin) was here but it has in the past, there were paid police officers sitting in Chicano Studies classes and things like that,” Garcia said. “It’s very nice of her to say this hasn’t happened before but she has very limited knowledge and history of what has taken place here. I’m sorry but the chief is speaking out of I ignorance, and by ignorance, I mean the lack of knowledge.”
Garcia said that in the 1970s, the organization and the Chicano/a studies department was the target of surveillance and infiltration at the hands of law enforcement agencies.
Moore expressed the department’s regrets for the disturbance and conflict and has issued an apology for the incident during a meeting with Glavin and Dean of Humanities Elizabeth Say … and said that a request for an official written apology is up to the department to decide.
MEChA president Abraham Ramirez, who said the organization has always been a target of law enforcement agencies because they are a progressive organization, said the organization will meet with Moore soon, but that an apology is not enough.
“We deserve more than an apology. We deserve respect, the same as anyone else. There should be more consequences,” Ramirez said. “We are going to get to the bottom of this and find out everything that happened.”
Garcia said the department is looking for outside assistance to pursue the matter through legal channels out of concern for this event reoccurring in the future.
15. LAPD chief Beck shakes up command staff
Anonymous. Daily Breeze [Torrance, Calif] 24 Nov 2009.
Police Chief Charlie Beck shook up the command staff at the Los Angeles Police Department today, handing out new assignments that he said would “increase efficiency and improve effectiveness.”
Among those reassigned in the shake-up were the two other finalists Beck beat out for the job of police chief.
Deputy Chief Michel Moore, who had been overseeing the LAPD’s Valley Bureau, was promoted to the rank of assistant chief and was named director of the Office of Special Services. Assistant Chief Jim McDonnell, who was former Chief William Bratton’s second-in-command, was assigned to Beck’s old job — chief of detectives.
Beck chose Cmdr. Rick Jacobs to be his chief of staff.
Beck also shuffled his regional commanders, putting Deputy Chief Kirk Albanese in charge of LAPD’s Valley Bureau, replacing Moore. He promoted Cmdrs. Pat Gannon and Debbie McCarthy to the rank of deputy chief. They will assume command of the South Bureau and West Bureau, respectively.
Deputy Chief Sergio Diaz will remain in charge of the Central Bureau.
All four regional commanders will continue to report to Assistant Chief Earl Paysinger, who will serve as the director of the Office of Operations.
Deputy Chief Sandy Jo MacArthur will be promoted to assistant chief and will become director of the Office of Administrative Services.
Deputy Chief Michael Downing — who served as interim chief from the time Bratton stepped down until the City Council confirmed Beck’s appointment — will revert to being commander of the Counter Terrorism and Criminal Intelligence Bureau.
The changes will become effective Jan. 3, subject to budgetary review and approval.
WHO KNEW WHAT? WHEN DID THEY KNOW IT?
— by Rodolfo F. Acuña