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ACLU of Vermont Legal Advocacy   Here is a sampling of the ACLU of Vermont's recent legal advocacy advocacy, including some of the relevant documents. Our work is not just in the courts, however: we also pursue legislative advocacy and public education. You can find out more about these areas of action on our blog.   Automated License Plate Reader public records request Requested: Information about how federal homeland security grants are used in Vermont to purchase automated license plate reader (ALPR) systems, and, information about where those systems are used, how they are used, and how the resulting data about Vermonters' movements is stored and shared. From: Vermont Department of Public Safety; Town of Hartford Status: open - Town of Hartford response complete; Vt. Dep't of Pub. Safety responses pending Documents: request to Homeland Security Unit of Dep't of Public Safety re. grants and purchases response cover letter Mobile Plate Hunter 900 operation manual Mobile Plate Hunter 900 user training manual ALPR data agreement Vt. Fusion Center policy excerpt state police ALPR rules 2008-2009 LPR spreadsheet.xls Agencies in Vermont with LPR's _081012 with funding info [1].xlsx Agencies in Vermont with LPR's _081012 with funding info [2].xlsx Award amounts w_LPR amounts.xls Operation Stonegarden 2012 docs Operation Stonegarden 2011 docs Operation Stonegarden 2010 docs Operation Stonegarden 2009 docs Operation Stonegarden 2008 docs request to Dep't of Public Safety re. usage of ALPRs, policies, and data retention Dep't of Pub. Safety response [1/2] [3.2 MB] Dep't of Pub. Safety response [2/2] [3.7 MB] request to Town of Hartford re. usage of ALPRs, policies, and data retention response cover letter from Town of Hartford Hartford police dep't policy on ALPR use Vt. Dep't of Pub. Safety, Operation of License Plate Readers for Law Enforcement Agencies Accessing the Vt. Justice Information Sharing System (Oct. 2010) Vt. Dep't of Pub. Safety, Operation of License Plate Readers for Law Enforcement Agencies Accessing the Vt. Justice Information Sharing System (Dec. 2010) advertising email from Int'l Ass'n of Chiefs of Police re. ALPR training event Int'l Ass'n of Chiefs of Police presentation on use of ALPRs [2.6 MB] Mobile Plate Hunter 900 user guide Mobile Plate Hunter 900 presentation [4.1 MB]   FBI files re. Vermont ethnic minorities Requested: All data regarding the FBI's recent mandate to gather information about and “map” racial and ethnic demographics, “behaviors,” and “life style characteristics” in local communities. From: FBI field office covering Vt. (Albany, NY) Status: open - initial documents received Documents: Freedom of Information Act request FBI acknowledgment of receipt ACLU's nationwide effort to gather information about the FBI's ethnic mapping project FBI response: cover letter FBI response: pp. 01-36 FBI response: pp. 37-100 FBI response: pp. 101-157 FBI response: pp. 158-202 FBI response: pp. 203-268 FBI response: pp. 269-297 FBI add'l response: cover letter FBI add'l response: documents   ACLU of Vt. v. Office of the Vt. Att'y General Issue: Whether, under Vermont's public records act, a public agency may refuse to produce records showing whether and how it tracks cellphone movements without a warrant. Court: Vt. Superior Court, Civil Division, Washington Unit (docket no. 184-3-10 WNCV) Counsel: Dan Barrett, staff attorney Status: closed Documents: ACLU's public records request defendant's refusal to produce the records ACLU's administrative appeal defendant's administrative refusal complaint answer def.'s mot. for summary judgment def.'s Vaughn index affidavit of John Treadwell def.'s mtn to seal Vaughn index + Treadwell aff. ACLU's opp. to sealing def.'s reply to ACLU's opp. to sealing def.'s mot. to quash subpoenas ACLU's opp. to quashal def.'s reply to ACLU's opp. to quashal ACLU's opp. to, and cross-mot. for, summ. j. def.'s reply to opp. + opp. to ACLU's cross-mot. for summ. j. [2 MB] ACLU's reply to def.'s opp. to cross-mot. for summ. j. order denying sealing + granting quashal order granting def.'s mot. for summ. j.   Bain v. Clark: amicus brief Issue: Whether Exemption 5 to Vermont's public records act permits the withholding of routine files reflecting the daily administration of a law enforcement agency. Court: Vt. Supreme Court (docket no. 2009-468) Counsel: Dan Barrett, staff attorney Status: reversed as urged by ACLU-Vt as amicus curiae Documents: Appellant Bain's merits brief [1.6 MB] Appellee Clark's merits brief Appellee Shriver's merits brief joint appendix ("printed case") [2 MB] audio of Sep. term oral arg. [147 MB] ACLU's mtn for leave to file Appellee Clark's opposition Appellee Shriver's opposition order granting ACLU leave to file ACLU's amicus brief Appellee Clark's reply to ACLU's amicus brief Appellee Shriver's reply to ACLU's amicus brief Appellees' joint motion for oral argument Order denying motion for oral argument decision: Bain v. Clark, 2012 VT 14   Baker v. Wildflower Inn a/k/a DOR Assocs., LLP Issue: Whether Vermont's public accommodations act is violated when a resort operator refuses to host a couple's wedding reception because they are gay. Court: Vt. Superior Court, Civil Division, Caledonia Unit (docket no. 183-7-11 CACV) Counsel: Joshua Block, ACLU LGBT Project, NYC Leslie Cooper, ACLU LGBT Project, NYC Dan Barrett, ACLU of Vermont Status: judgment for plaintiffs Documents: complaint amended complaint ptfs.' mot. for admission pro hac vice stipulation re. resp. pleading deadline order granting admission pro hac vice def.'s answer Vt. Human Rts. Comm'n motion to intervene def.'s opp. to intervention plaintiffs' notice re. intervention def.'s mot. for admission pro hac vice order granting Vt. Human Rts. Comm'n permission to intervene order granting def.'s mot. for admission pro hac vice ptfs.' motion to amend def.'s opposition to amendment ptfs.' reply in support of amendment order granting motion to amend second amended complaint ptfs.' mot. to compel discovery responses [6.1 MB] def.'s opp. to mot. to compel ptfs.' reply in support of mot. to compel defs.' motion to quash subpoena ptfs.' opposition to def.'s motion to quash order denying motion to quash def.'s motion to dismiss pls.' opposition to mot. to dismiss, and mot. to amend proposed third amended complaint def.'s reply in support of mot. to dismiss Vt. Human Rts. Comm'n renewed mot. to intervene Vt. Human Rts. Comm'n intervenor complaint def.'s opp. to renewed motion to intervene Vt. Human Rts. Comm'n reply in support of renewed mot. to intervene order denying mot. to dismiss, granting renewed mot. to intervene, and granting mot. to amend ptfs.' second motion to compel appendices to ptfs.' second motion to compel [2.2 MB] consent judgment for plaintiffs   Cote v. Bardin Issue: Whether the Defense of Marriage Act discriminates against same-sex spouses awarded property or support in a divorce by permitting a debtor to discharge those obligations in bankruptcy, while an opposite-sex debtor would be prohibited from doing so. Court: U.S. Bankruptcy Court for the Dist. of Vt. (docket no. 12-ap-1013) Counsel: Dan Barrett, staff attorney Status: closed - settled Documents: complaint order approving stipulated dismissal   Crowell v. Wrinn Issue: Whether police officers' arrest of silent, sign-holding protesters at a public speech by the governor violated the protesters' Fourth Amendment right against unreasonable seizure. Court: U.S. District Court for the Dist. of Vt. (docket no. 10-cv-13) Counsel: Stephen Saltonstall, Manchester Dan Barrett, staff attorney Status: closed - settled Documents: complaint stipulation of dismissal   Cyr v. Addison Rutland Supervisory Union Issues: Whether a public school supervisory union may ban a parent from attending and participating in public meetings without notice or a meaningful opportunity to be heard, or may fail to produce public records about that decision. Whether the Access to Public Records Act forbids a public agency from suing a records requester in response to a public records request. Courts: U.S. District Court for the Dist. of Vt. (docket no. 12-cv-105) (Mr. Cyr's suit against supervisory union) Vermont Superior Court (docket no. 275-4-12 Rdcv) (supervisory union's suit against Mr. Cyr) Counsel: Dan Barrett, staff attorney Ted Hobson, Burlington Status: open Vt. Superior Ct. docs: complaint against Mr. Cyr for filing a public records request Mr. Cyr's counterclaims against the supervisory union supervisory union's answer to counterclaims Mr. Cyr's motion to strike portions of the complaint order granting motion to strike in part Mr. Cyr's motion to dismiss the complaint supervisory union's opp. to dismissal Mr. Cyr's reply in further support of his motion to dismiss order granting Mr. Cyr's motion to dismiss stipulation of mootness and voluntary dismissal without prejudice order approving stipulation Mr. Cyr's motion for costs and fees U.S. District Ct. docs: Mr. Cyr's complaint against the supervisory union supervisory union's motion to dismiss Mr. Cyr's opposition to dismissal Mr. Cyr's notice of superior court decision order for supplemental briefing parties' joint response to order for supplemental briefing Mr. Cyr's amended complaint order denying motion to dismiss   Galloway v. Town of Hartford Issue: Whether a reporter may obtain records reflecting police officers' entry into a home and forceful, mistaken apprehension and detention of the homeowner inside under Vermont's public records act. Court: Vermont Superior Court, Civil Division, Windsor Unit (docket no. 473-8-10 WRCV) Vermont Supreme Court (docket no. 2011-211) Counsel: Dan Barrett, staff attorney Status: reversed - town must disclose records Documents: Ms. Galloway's complaint and request for expedited hearing Ms. Galloway's motion for production of a Vaughn index defendant's answer def.'s opp. to production of Vaughn index and mot. for summ. j. Ms. Galloway's reply re. Vaughn index Ms. Galloway's opp. to summ. judgment def.'s reply to Ms. Galloway's opp. to summ. j. order denying def.'s mot. for summ. j. order granting Ms. Galloway's mot. for expedited hearing notice of hearing def.'s notice of supp. authority Ms. Galloway's response to def.'s notice def.'s reply to Ms. Galloway's response order on motions for summary judgment def.'s Vaughn index notice of hearing order re. further hearing order mandating in camera inspection decision re. disclosure of records add'l disclosed record: unredacted fire alarm report add'l disclosed record: witness statement add'l disclosed record: witness statement Ms. Galloway's obj. to decision on disclosure order overruling objection and closing case Ms. Galloway's appellate brief defendant's appellate brief joint appendix ("printed case") [3.4 MB] Dec. 6, 2011 oral argument [14 MB] supreme court mandate ordering records released decision: Galloway v. Town of Hartford, 2012 VT 61 public record: cruiser cam audio and video of Hartford police arresting homeowner public record: cruiser cam video (no audio) of Hartford police arresting homeowner Ms. Galloway's motion for prevailing party costs and fees def.'s opp. to costs and fees Ms. Galloway's reply in further support of her motion for costs and fees order on motion for costs and fees Ms. Galloway's second motion for costs and fees def.'s opposition to costs and fees Ms. Galloway's reply in further support of her second motion for costs and fees order granting second motion for costs and fees   Hackett v. Town of Franklin Issue: Whether a town and its moderator violate Article 3 of the Vermont Constitution and the Vermont public accommodations act when they incorporate religious worship into town meeting. Court: Vermont Superior Court, Civil Division, Franklin Unit Counsel: Bernard D. Lambek, Zalinger Cameron & Lambek, P.C., Montpelier Julie Kalish, Norwich Dan Barrett, staff attorney Status: open Documents: Ms. Hackett's complaint App. A: minutes of 2006 Franklin town mtg App. B: minutes of 2007 Franklin town mtg App. C: prayer at the 2008 town mtg [mp3] App. C: prayer at the 2009 town mtg [4.3 MB mp3] App. C: prayer at the 2010 town mtg [1.9 MB mp3] defs.' answer Ms. Hackett's mot. for summary judgment defendants' mot. for summary judgment Ms. Hackett's motion to strike Ms. Hackett's opp. to defs.' mot. for summ. j. defs.' opp. to summ. j. defs.' reply in support of summ. j. defs.' "supplemental brief" [1.1 MB] order on motion for preliminary injunction order granting Ms. Hackett judgment on her state constitutional claim   Hagan v. City of Barre Issue: Whether a municipality exceeded its lawful authority by forbidding certain individuals from residing in the municipality on the basis of criminal history. Court: Vermont Superior Court, Civil Division, Washington Unit (docket no. 320-5-09 WNCV) Counsel: Dan Barrett, staff attorney Status: judgment in favor of plaintiff Christopher Hagan Documents: complaint Christopher Hagan's mot. for a preliminary injunction def.'s opp. to preliminary injunction def.'s answer Mr. Hagan's reply in further support of preliminary injunction ruling granting preliminary injunction Mr. Hagan's motion for summary judgment def.'s opp. to summ. judg. order granting summary judgment   In re Appeal of App. for Search Warrant: amicus brief Issue: Whether the Fourth Amendment to the United States Constitution and Article Eleven of the Vermont Constitution permit judges to limit the invasiveness of searches of electronic devices. Court: Vt. Supreme Court (docket no. 2010-479) Counsel: Jay Rorty, ACLU Criminal Law Reform Proj.   Jason Williamson, ACLU Criminal Law Reform Proj.   Hanni Fakhoury, Electronic Frontier Foundation   Catherine Crump, ACLU Speech, Privacy and Tech. Proj.   Dan Barrett, ACLU of Vermont Status: trial court's imposition of ex ante search warrant conditions affirmed as urged by ACLU, ACLU-Vt, and EFF as amici curiae Documents: order granting ACLU leave to file search warrant application Please remember that allegations against any person are mere accusations, and the accused is innocent unless and until the allegations are proven by the state beyond a reasonable doubt. search warrant as issued state's brief brief of ACLU Foundation of Vt., ACLU Foundation, Electronic Frontier Foundation brief of Vt. Defender General state's letter notifying of seizure of iPad order granting admission pro hac + leave to add EFF to brief order granting amici leave to file surreply surreply of ACLU Foundation of Vt., ACLU Foundation, Electronic Frontier Foundation surreply of Vt. Defender General Vermont Supreme Court mandate decision: In re Appeal of Application for Search Warrant, 2012 VT 102.   In re Search Warrants: amicus brief Issue: Whether a state's attorney's office may have search warrant returns sealed in totality, based solely on a general allegation that revelation of any of the information in the returns would harm a criminal investigation. Court: Vt. Supreme Court (docket no. 2011-228) Counsel: Dan Barrett, staff attorney Status: open - awaiting decision Documents: order granting ACLU permission to file amicus brief appellant state of Vt.'s brief [1.2 MB] appellant state of Vt.'s redacted appendix ACLU's amicus brief in support of appellee ACLU's appendix appellant's reply brief audio of oral argument [15 MB] order to show cause letter from Sam Hemingway in response to show-cause order appellant's brief in response to show-cause order ACLU's response to show-cause order   In re HS-122: amicus brief Issue: Whether Vermont’s tax privacy statute requires towns collecting the statewide education tax to redact household income data from records produced for inspection under the Access to Public Records Act. Court: Vt. Supreme Court (docket no. 2011-128) Counsel: Dan Barrett, staff attorney Status: closed - reversed as urged by ACLU-Vt as amicus curiae Documents: appellant Town of Manchester's brief joint appendix ("printed case") [20.1 MB] ACLU's motion for leave to file order granting ACLU permission to file ACLU's amicus br. + appendices [2.1 MB] appellee's brief decision: In re HS-122, 2011 VT 138 (mem.)   Prison Legal News v. Prison Health Servs., Inc. Issue: Whether Vermont's Access to Public Records Act applies to a corporation that is performing a state function under the supervision of a public agency and has agreed to be subject to the Act. Court: Vermont Superior Court (docket no. 622-8-10 WNCV) Counsel: Dan Barrett, staff attorney Status: open Documents: motion to amend complaint amended complaint App. A to amended complaint [14.1 MB] App. B to amended complaint [3.4 MB] App. C to amended complaint App. D to amended complaint [8.1 MB] App. E to amended complaint [1.8 MB] App. F to amended complaint [1.5 MB] App. G to amended complaint App. H to amended complaint App. I to amended complaint App. J to amended complaint   Rutland Herald v. Vt. State Police: amicus brief Issue: Whether Exemption 5 to Vermont's Access to Public Records Act permits a law enforcement agency to withhold all documents relating to an investigation where the investigation is closed, no charges will be filed, and the principal target is dead. Court: Vermont Supreme Court (docket no. 2010-434) Counsel: Dan Barrett, staff attorney Status: open - awaiting decision Documents: Appellant Rutland Herald's brief [2 MB] joint appendix ("printed case") [8 MB] ACLU's motion for leave to file amicus brief ACLU's amicus brief order granting ACLU permission to file Appellees' brief [1.2 MB] Appellees' supp. appendix Appellees' opp. to mot. for disclosure Appellant's reply brief [1 MB] oral argument recording [15 MB]   Stone v. Town of Middlebury Issue: Whether a municipality exceeded its authority and violated the federal constitution when it used its public health power to unilaterally amend Vermont's controlled substances scheme. Court: Vermont Superior Court, Civil Division, Addison Unit (docket no. 105-5-09 ANCV) Vermont Supreme Court (docket no. 2010-180) Counsel: Roger Kohn, Kohn Rath Blackwood & Danon, LLP, Hinesburg Dan Barrett, staff attorney Status: closed - settled Documents: complaint def. Middlebury's motion to dismiss James Stone's opp. to mot. to dismiss def. LaFiandra's answer order re. def.'s mot. to dismiss def. LaFiandra's mot. for judgment def. Middlebury's br. re. primary jurisd. def. LaFiandra's br. re. primary jurisd. James Stone's br. re. primary jurisd. James Stone's opp. to def.'s mot. for judgment order re. def.'s motions James Stone's supr. ct. merits brief Stipulation of dismissal

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