Scroll through the ACLU of Indiana Annual Report for Fiscal Year 2021 (April 1, 2021 – March 31, 2022) to learn about how we fought to protect progress in Indiana this year.
A note from the Executive Director and the Board President:
2021 was a year in limbo, a year that started with high expectations that went unmet or, at best, unresolved. We thought, hoped, that the pandemic would be behind us. We thought, hoped, that Trumpism and its anti-science, anti-democratic, anti-empathetic currents would have been swept out to sea.
Instead.
Throughout 2021, our country continued to grapple with a long history of racism and police violence, with a global pandemic, and with too many of our fellow Americans picking up the mantle of an administration that spent four years attempting to strip individuals of their civil liberties, of their votes, and of their dignity. If we are paying attention, we are weary. Our country is divided.
But.
As bell hooks and others remind us, hope is necessarily built upon a vision for tomorrow. And, for more than 100 years, the ACLU has pursued a vision for tomorrow in which fairness, freedom, and equality is a reality for every one of us. We have fought alongside our fellow Americans – alongside people such as you – to ensure we protect the progress that has been made while fighting for a brighter future, toward justice.
As we reflect on our victories here in Indiana in 2021, we must also be clear-eyed about what may lie ahead. With progress comes pushback. We will need Hoosiers to remain vigilant and to stand together.
The battles ahead will not be easy, but just as we have persisted and overcome for the last 100 years we will continue to do so now. The ACLU of Indiana, and all who stand with us, will continue on the path toward justice. We will not stop, we will not lose hope, and, we know, neither will you.
Thank you for fighting with us, for raising your voices and casting your votes, and for investing in a more just, vibrant, and inclusive future for all Hoosiers.
The ACLU isn't letting up from the fight – not now, not ever.
Jane Henegar
ACLU of Indiana Executive Director
Caroline Richardson
ACLU of Indiana Board President
JUMP TO SECTION:
In 2021, we fought to ensure an equitable learning environment for students, to stop racist bullying and discrimination in Indiana schools and to protect the rights of LGBTQ students.
Racist bullying in Indiana Schools
In November 2021, we filed a lawsuit against the Westfield Washington School Corp, after administrators failed to protect a student from pervasive and relentless racist bullying at the hands of her classmates.
The student, identified as S.J., was a seventh-grade student at Westfield Middle School, and one of very few Black students in her class. The bullying S.J. faced was relentless, and even after she reported the racist abuse to school administrators, they repeatedly failed to take action to protect S.J. from continuing abuse.
Under federal law, public schools have a duty to take reasonable measures to protect their students from pervasive race-based bullying. Westfield Middle School administrators failed to protect S.J. from abuse from her classmates, ultimately excluding her from access to a safe and equal learning experience. This case is ongoing.
We also filed a lawsuit on behalf of a student at Monroe Jr.-Sr. High School, who was suspended for a video she shared on TikTok, in violation of her First Amendment rights.
The student, identified as I.B., frequently observed her classmates using offensive and racist language—including the n-word. She observed students using racial slurs in text messages, written messages, videos that were shared amongst the student body, and during in-person conversations at school. I.B. created a short video on TikTok, sharing that several of her classmates used racist language. Rather than attempting to address its students’ use of racist language, administrators informed I.B. that it was not her role to “police” other students’ language and suspended her.
We reached a settlement with Monroe Central School administrators, and the case has been dismissed.
In recent years, we have filed several lawsuits against Indiana schools on behalf of Gay-Straight Alliance (GSA) groups that have been denied the same rights provided to other student groups. We continued this work in 2021, successfully challenging Pendleton Heights High School’s actions which imposed unequal burdens on the student-led GSA group.
In addition, we filed a lawsuit against Vigo County School Corp, after employees denied two Terre Haute North High School students their right to use the restrooms consistent with their gender.
Despite numerous courts ruling that trans students must be given access to the restrooms that correspond with their gender, as well as numerous courts ruling that that GSA groups must be provided with the equal rights granted to them by the U.S. Constitution, we continue to see these violations in cities across the state.
Some Indiana elected officials insist on targeting LGBTQ students to score political points, and their rhetoric is being reflected in these schools. We hope that public schools will take notice and avoid future violations of civil liberties by providing equal treatment to all students.
We will continue to challenge schools that fail to provide equal rights to LGBTQ students, and we will remain vigilant as some Indiana legislators continue to target students’ rights.
The incredible turnout of the 2020 election inspired new attacks aimed at restricting voter access across the country, including here in Indiana.
During the 2021 legislative session, we stopped several voter restrictions bills. These attacks were part of the national trend to make voting more difficult. One of the bills defeated, SB 353, would have disenfranchised tens of thousands of Hoosier voters by requiring additional, costly, and unnecessary documentation, disproportionately and unfairly impacting low-income voters, senior citizens, voters with disabilities, and Black and Brown voters.
Our legal team also helped block an illegal voter purge law in the courts.
By misleading voters about election accuracy and voter fraud, some self-interested legislators will surely continue to try to chip away at Hoosiers’ access to the ballot. The ACLU will continue to fight barriers to the ballot, here in Indiana and across the nation.
Building on our work from 2018 and 2020, in 2022 we will run an extensive voter education campaign spreading the word to all Hoosiers that Yes! You Can Vote! The campaign includes voting rights education for groups who are often disenfranchised, with particular focus on informing previously incarcerated individuals of their right to vote, among other groups of voters who are often disenfranchised.
Reimagining Policing
In 2021, we continued working with community partners to demand that Indianapolis and other Indiana cities stop increasing budgets for police departments, and start providing transparency when it comes to police policies and use of surveillance technology.
After a year of protests demanding racial justice and police divestment and reinvestment into communities, Indiana legislators spent the 2021 session attempting to pass a number of bills aimed at prohibiting or limiting the ability of local government to control local police department funding and reform. Along with our supporters and community partners, we put a stop to these bills, which would have taken power away from local communities to hold police accountable and to prevent police violence. Ultimately, all of these bills were stopped.
In addition to stopping anti-divestment legislation, we worked in partnership with the Indiana Business and Community Partnership for Racial Equity to move important reform forward. HEA 1006, a proactive police reform bill closes loopholes in Indiana law regarding the officer decertification process, and outlines penalties for officers who intentionally turn off body cameras.
Increased accountability and transparency are a key first step, but we know that the underlying problem with policing isn’t just the lack of oversight policies, or a need for more training and better procedures. The core problem is modern policing itself. More must be done.
Invasive Traffic-Stop Searches
In the courts, we filed several lawsuits against police officers for nonconsensual searches during traffic stops. Drivers do not, and should not expect to be treated as drug suspects without any reason, during minor traffic stops. These cases demonstrate a pattern of police overreach in an effort to fight the failed War on Drugs which has trampled constitutional rights and overcrowded our jails and prisons for decades.
Dark Cell Cases - Miami Correctional Facility
We also filed more than 20 ongoing cases against Miami Corrections facility, where men are being kept in darkened and dangerous cells, 24/7. People who are incarcerated are protected against cruel and unusual punishment according to the Constitution. However, officials at Miami Correctional Facility are consistently failing to meet people’s most basic needs.
This is a pattern of cruel and unusual punishment practiced inside the facility's restrictive housing unit, but it is also a pattern inside the incarceration system across the country, in which individuals and their rights are seen as expendable.
The ACLU of Indiana has long fought in the courts for the protection of these individuals’ rights and we aren’t backing down.
In 2021, we saw extreme abortion bans passed across the country. In Indiana we have several ongoing cases in the courts, and are continuing to fight against legislation that would attempt to push abortion out of reach. During the legislative session, we fought against HEA 1577, an omnibus anti-choice bill that runs afoul of the Constitution, placing multiple new restrictions on abortion access, which passed the legislature in 2021. This law is currently enjoined in the courts, but would ultimately force health providers to lie to their patients and provide dangerous, false and misleading information about abortion reversal, putting patients at risk while ignoring science and the First Amendment rights of medical providers. Patients rely on their providers to help them make informed medical decisions. No one benefits from politicians forcing providers to share misinformation.
Let’s Talk About Abortion
We are preparing to fight against increased restrictions in 2022, as the Supreme Court could further undermine Roe v. Wade at any moment, and we know some Indiana legislators are primed to ban abortion if Roe V. Wade is overturned. Only 14% of Hoosiers support a full ban on abortions. The time is now for Hoosiers to speak up, so in 2022, the ACLU of Indiana is launching Let’s Talk About Abortion, a campaign to dispel misinformation and flat out lies some politicians have used to attack women’s rights. Arm yourself with tools, such as our new conversation guide, take action, and learn more about what the majority of Hoosiers think about abortion here.
Protestors' Rights
Following the many protests in 2020, we saw a slew of anti-protest legislation under the guise of “anti-riot” bills during the 2021 legislative session. Law enforcement already has all the tools needed to protect public safety and prevent violence and property damage - the real problem lies in how these tools have been selectively used against Black and brown individuals.
Social Media Censorship
Indiana elected officials are increasingly blocking constituents on social media when the constituent is critical of the official’s positions. We filed several social media censorship cases to stop this pattern of unconstitutional behavior. We have filed cases against Representative J.D. Prescott, the Franklin Mayor, and the city of Knightstown, to name a few. These public officials and government entities have attempted to silence citizens on Facebook who publicly disagree with their policies. The First Amendment protects people, who regardless of their views, in their attempts to hold the government accountable through expression.
See a current list of ACLU of Indiana Staff
See a current list of ACLU of Indiana Board of Directors
Thank you to our former board members:
Roberta Shonemann, Fran Watson, Andi Cohen, Debra DesVignes, Larry Hesson, Vanessa Lopez Aguillera, Nancy Papas
Combined budgets for the ACLU of Indiana, a 501(c)(4) tax-exempt nonprofit organization, and the ACLU of Indiana Foundation, a 501(c)(3) tax-exempt nonprofit organization, for the last fiscal year ending March 31, 2021. Audit statements will be available from the ACLU of Indiana office.
Change starts with you. Our volunteers and activists help turn the promises of the Constitution into reality. We are a people-powered movement, fighting for the future of freedom and justice. Take action, become an ACLU member, or volunteer your time to defend civil liberties.
Follow the ACLU of Indiana on Twitter, Facebook, and Instagram to stay up-to-date.
Leave a Legacy
Planned gifts, such as bequests, help sustain the ACLU for generations to come. In addition to designating the ACLU as a beneficiary in a will or revocable living trust, donors may also designate the ACLU as a beneficiary of a life insurance policy, IRA, or pension. For more information, please contact Neil Hudelson, Director of Philanthropy at 317.759.6421 or nhudelson@aclu-in.org.
Make a Gift
Make a tax-deductible donation to the ACLU of Indiana today to help continue this critical work.
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Thursday, April 28, 2022 - 5:00pm
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A note from the Executive Director and the Board President:
2020 has been a challenging year for each of us and for our country. But crisis and heartbreak have exposed truths from which we must not look away. Truths about inequality, about the fragility of our democracy, and about the unfinished potential of our Constitution. With your help and the help of communities across Indiana, the ACLU of Indiana has been able to rise to meet these challenges and push forward toward a more perfect union.
Through this difficult year, we learned anew that Hoosiers’ rights and freedoms – and the shared values on which they are based – are strengthened when ordinary people engage in extraordinary acts:
- When Hoosiers fight not only for their own rights, but for the rights and the dignity of others;
- When people of every age and color come together to protest against police brutality;
- When individuals focus on our shared humanity and fight for women and men who are incarcerated and increasingly at risk during a global pandemic;
- When thousands of ACLU supporters call and email their elected officials, demanding that the rights and dignity of trans Hoosiers are protected with access to identification that accurately represents their gender.
Our supporters demonstrated this strength like never before in 2020, fighting for their fellow community members during unprecedented times.
Thank you for fighting with us, for raising your voices and casting your votes, and for investing in a more just, vibrant, and inclusive future for all Hoosiers.
The ACLU isn't letting up from the fight – not now, not ever.
Jane Henegar
ACLU of Indiana Executive Director
Caroline Richardson
ACLU of Indiana Board President
JUMP TO SECTION
For Racial Justice
At the Polls
Amid COVID-19
At the Statehouse
For Reproductive Freedom
For Free Speech
ACLU of Indiana Team
Financial Report
Defend Civil Liberties with Us
Reimagining Policing
With your help, we called on Indiana law enforcement agencies to recognize, condemn, and work to fix systemic racism and excessive uses of force, which too often lead to the deaths of Black people at the hands of police officers.
Along with community partners in Indianapolis, our efforts created a civilian-led use-of-force board, and reforms that included a use-of-force continuum banning chokeholds and requiring exhaustion of all alternatives before shooting. Together we obtained the commitment of city officials to reimagine the role police play in our city. This commitment is critical, as we know a few trainings and updates to police policies won’t make public safety safe for everyone. We must seize this moment, across the state of Indiana, and recognize that only completely reimagining policing will achieve safety and justice for all Hoosiers.
Protests Against Police Brutality
In Fort Wayne and Indianapolis, protesters gathered this past summer to stand up against police brutality and the murders of Breonna Taylor, George Floyd, and other people of color. Unfortunately, these protests were met with more police brutality. Excessive use of force against protesters chills free speech, and widens the rift of distrust between communities and the police that are sworn to serve them.
In Fort Wayne, the police response was particularly egregious. When protesters attempted to disperse, several were repeatedly attacked by police even as they tried to get back to their vehicles. One of our plaintiffs was trapped under a bridge. When a police officer told her to leave, she explained that she was trying, but she couldn’t get to her car because of tear gas and police barricades. The officer responded that this was not his problem, and that she should call an Uber.
We filed three lawsuits on behalf of protesters whose rights were violated, two in Fort Wayne and one in Indianapolis. The lawsuits against the city of Fort Wayne are ongoing, and in Indy our lawsuit led to an agreement limiting the Indianapolis Metropolitan Police Department’s use of chemical agents against protesters.
There is so much more work to be done, but we are ready to keep fighting. In 2021, we must reduce the size and scope of police departments and reinvest the money saved into community-based services that will ensure public safety is a reality for all.
Voting Amid Covid-19
In what was one of the most historic Presidential elections, voters faced additional barriers to the ballot due to the COVID-19 pandemic. With your help, we pushed Indiana elected officials to allow no-excuse absentee voting during the primary. More than 10,000 Hoosiers sent messages to Governor Holcomb and Secretary of State Lawson, demanding no-excuse voting during the general election, but these concerns were not met, and Hoosiers were asked to vote in person amid a deadly pandemic. We must continue to dismantle barriers to voting that have been erected over decades. A great democracy needs everyone’s vote.
ACLU Yes! You Can Vote! Campaign
The ACLU of Indiana also ran an extensive voter education campaign spreading the word to all Hoosiers that Yes! You Can Vote! The Campaign focused on informing previously incarcerated individuals of their right to vote.
One voter, Jeannie Reed, told the IndyStar “A corrections officer had told me, ‘Suck it up, you did what you did, and now you've lost your right to vote. That’s on you.’ And that wasn't even true.” Jeannie was excited to vote for the first time in the 2020 election. We were glad to hear of people like her, who were able to vote after being informed of their rights.
COVID in Jails
This year, we fought for vulnerable populations amid the COVID-19 pandemic, specifically individuals in Indiana’s jails and prisons. In the spring, we sent a letter to Governor Holcomb and the mayors, sheriffs, and police chiefs of the 10 largest cities in Indiana, asking them to take steps recommended by public health experts to slow the spread of COVID-19 in jails and prisons.
Following this letter, the ACLU of Indiana submitted an emergency petition requesting the Indiana Supreme Court take immediate action designed to stem the progression of COVID-19 in the Indiana Department of Correction (DOC) and Indiana’s county jails. Although the petition was denied, our efforts led key government officials to release a joint letter acknowledging the serious threat COVID-19 poses to Hoosiers who are incarcerated.
Local leadership, such as Marion County Prosecutor Mears, have taken action to reduce the number of individuals entering county jails, but the time is long overdue for state leaders and judges to step up.
In December, after it was reported that over a third of the jail’s overcrowded population has tested positive for COVID-19, the ACLU filed a motion for a status report from Vigo County jail, requesting information on the outbreak and medical protocols
The Constitution is clear - individuals may lose their liberty, but they do not lose all of their rights while in prison or jail. In 2021, we will continue to focus attention on how COVID wreaks havoc on incarcerated people, jail and prison staff, and the surrounding communities here in Indiana.
Electronic Monitoring
We worked with Marion County officials to pause electronic monitoring fees during the pandemic. A significant number of individuals who are forced to pay fees for electronic monitoring devices make less than $12.00 per hour and work in the service and hospitality industry, sectors of our economy that have been hit hard by COVID-19.
In addition, Marion County has an alarmingly high number of individuals on electronic monitoring. An estimated 4,300 people are monitored daily in Marion County. Marion County Corrections charge individuals a $50 fee to get the electronic monitoring device and a daily fee topping out at $14. That could mean a bill as high as $481 for the first month.
We must ensure that people who come in contact with the criminal legal system are able to be successful when they re-engage with their communities, not overloaded with debt.
2020 Session
During the 2020 legislative session, you fought with us tooth-and-nail to stop discriminatory legislation. From keeping 12-year-old kids out of adult court, to protecting the rights of trans Hoosiers - it was a constant battle, but our supporters sent more than 3,500 messages to Indiana legislators.
For more information on the 2020 legislative session check out the full legislative wrap-up and scorecard here.
LGBTQ Statehouse Day
During session, we also hosted the first-ever LGBTQ Statehouse Day in Indiana to bring together members of the LGBTQ community, service providers, community organizations, supporters, and lawmakers to discuss the experiences and needs of LGBTQ Hoosiers.
We were joined by 18 bipartisan lawmakers, 17 community organizations, 13 representatives from our Transgender Education and Advocacy Program, and over 200 community members, working to defend and advance the rights of LGBTQ Hoosiers on all fronts.
Reproductive Freedom
We started and ended 2020, as we unfortunately do most years, fighting several laws that attempt to limit a woman’s access to abortion.
As a result of a 2018 lawsuit, this year, a U.S. District Court struck down a medically unnecessary Indiana law that would have singled out abortion providers by requiring invasive and vague reporting. The law would have burdened both patients and their medical providers with unnecessary reporting requirements. Abortion care should be regulated by medical experts, not by politicians with political agendas.
Reproductive health care, including abortion, should be safe and available to those who need it, and not restricted by certain politicians who want to ban abortions. We will continue to fight to protect Hoosiers’ access to abortion.
Panhandling Ban Attacks Free Speech
During the 2020 session, the Indiana legislature added restrictions to a statewide panhandling ban, attacking free speech and targeting those who are most vulnerable in our society. HEA 1022 would have amended existing law to further criminalize “panhandling” to the extent of outright prohibiting most forms of financial solicitation by individuals and groups on Indiana’s sidewalks.
We quickly filed a lawsuit and the U.S. District Court concluded in the initial preliminary injunction that “Indiana's panhandling statute, in both its pre-amendment form and as revised by the amendments that are to take effect on July 1, 2020, is an unconstitutional prohibition on the freedom of speech.” The law was ruled unconstitutional and local and state government were prevented from enforcing the law.
Tha ACLU joins advocates in urging government to address the root causes of homelessness, instead of restricting individuals’ rights and liberties.
Thank you to our former board members:
Mark Miller, Mary Runnells, Anne Riley, Sally Zweig, Sharon Russell, and Al’a Wafa
In Memory Of
Our deep gratitude to Joan Laskowski, former board member, who passed away in 2020.
Joan’s long devotion to civil liberties began in 1967 when she joined the Greater Lafayette Chapter of the ACLU of Indiana. She served on the board of the ACLU of Indiana for nearly 50 years and chaired the Legislative Committee tracking activity at the Indiana State House. She was appointed to the national ACLU board in 1993, the first female delegate from Indiana, and remained there for twenty-four years. In 1998, the ACLU of Indiana created the Joan Laskowski Legislator of the Year Award and confirmed her as its first recipient.
Joan was a true hero, an inspiration, a model board member—active, informed, resolute in her positions, and win or lose, cheerful in her support of the organization’s decisions.
Financials
Combined budgets for the ACLU of Indiana, a 501(c)(4) tax-exempt nonprofit organization, and the ACLU of Indiana Foundation, a 501(c)(3) tax-exempt nonprofit organization, for the last fiscal year ending March 31, 2020. Audit statements will be available from the ACLU of Indiana office.
Thank you to our sponsors:
Christel DeHaan Family Foundation
The Indianapolis Foundation, a CICF affiliate
Tom Linebarger and Michele Janin
Jeff Rasley and Alicia Todd Rasley
The Samerian Foundation
Deborah Simon
The Herbert Simon Family Foundation
The Estate of Dr. Herbert Kirst and Peggy Hillman
And all of our generous supporters and members who stepped up again and again to assist in the ACLU’s response to the extraordinary challenges of the past few years. We couldn’t have done it without you.
Take Action
Change starts with you. Our volunteers and activists help turn the promises of the Constitution into reality. We are a people-powered movement, fighting for the future of freedom and justice. Take action, become an ACLU member, or volunteer your time to defend civil liberties.
Follow the ACLU of Indiana on Twitter, Facebook, and Instagram to stay up-to-date.
Leave a Legacy
Planned gifts, such as bequests, help sustain the ACLU for generations to come. In addition to designating the ACLU as a beneficiary in a will or revocable living trust, donors may also designate the ACLU as a beneficiary of a life insurance policy, IRA, or pension. For more information, please contact Neil Hudelson, Director of Philanthropy at 317.759.6421 or nhudelson@aclu-in.org.
Make a Gift
Make a tax-deductible donation to the ACLU of Indiana today to help continue this critical work.
Date
Wednesday, February 3, 2021 - 11:00am
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Before you read any further, we want to make one thing clear: these stories are your victories.
These pages outline what we accomplished together over the past year. Together, we fought for fairness, freedom and justice in Indiana.
With your help, we fought against discriminatory language in the Statehouse that would have targeted LGBTQ community members.
We remain the first line of defense against an onslaught of antiabortion laws with four ongoing lawsuits in the state of Indiana. We
provided public education on Hoosiers’ voting rights, correcting the misconception that people who have been previously incarcerated cannot vote. They can.
And while this annual report is a look back at 2018, it also offers a glimpse of the future your support helps make possible. The work we
do in the courts, in the legislature and in the streets shapes the future of civil rights and civil liberties in Indiana and in the nation for each generation to come.
Date
Monday, June 24, 2019 - 2:45pm
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