The American Civil Liberties Union is keeping an eye on several issues right now, including government surveillance, stop-and-frisk and same-sex marriage. ACLU-NJ Executive Director Udi Ofer told NJ Today Managing Editor Mike Schneider that his organization is concerned about privacy and the way stop-and-frisk might be used and it is optimistic that marriage equality will come to New Jersey soon.
The Freehold Mall has installed license plate readers at its entrances and exits. Ofer said that causes some concern and that government needs a privacy act for the 21st century. “The last time the Congress really tackled privacy issues was in 1974. And our privacy laws haven’t been updated since the advent of the internet, since the advent of cell phones, since the advent of digital information,” he said.
Ofer said Americans and New Jerseyans are tracked by the government and private parties during their everyday lives. “What we need are clear rules on what type of information can be captured, how long can it be held for and who can it be shared with,” he said.
While it may seem impossible to recapture privacy as it was known before advances in technology, Ofer said there may be a redefinition of what privacy means. “But I think with strict rules on what kind of information can be captured, how long could it be held for, we can protect our privacy. And we must,” he said.
The ACLU has been complimentary about the fact that the Newark Police Department has now published information about their stop-and-frisk activities. “When it comes to information on stop-and-frisk, Newark’s new policy is the most comprehensive both in terms of the breadth of information provided and the frequency of the information provided,” Ofer said. “And we really want to commend Police Director Sam DeMaio for taking the lead on this.”
Ofer said it’s too soon to tell if law enforcement in Newark is using the policy correctly, however. “Stop-and-frisk is an incredibly intrusive practice. And it must be used only in situations where there’s individualized and reasonable suspicion over crime. We don’t have enough information yet about stop-and-frisk practices in Newark solely due to the fact that this was the first time ever in the history of the city that information on stop-and-frisk has been reported,” he explained.
The ACLU has been pushing for same-sex marriage and Garden State Equality representatives have publicly said they believe marriage equality will happen soon in New Jersey. Ofer said he is also optimistic. “More than 60 percent of New Jerseyans support marriage equality. Support comes from both Republicans and Democrats. This issue is about treating all loving and committed couples in the same way,” he said.
While the court will be making a decision, likely in September, Ofer said courts do shift with public opinion. “You look at the Supreme Court, the Equal Protection Clause hasn’t changed. The Due Process Clause hasn’t changed. You had the Supreme Court one year recognizing the rights of LGBT couples whereas before they didn’t. So we’re very confident that we will obtain marriage equality either through the courts or through the legislature in the near future,” he said.
Ofer said there are more than 1,000 rights that are now denied to New Jerseyans in civil unions. “When you couple that with the 2006 Supreme Court decision here in New Jersey that said that same-sex couples must be treated equal as opposite-sex couples. I cannot imagine another conclusion than eventually winning on this issue,” he said.
The Superior Court currently hearing the issue must take the 2006 decision into account since it is binding precedent, according to Ofer. “Everyone knows it’s impossible to predict court rulings, but we’re pretty confident whether in this court or eventually in the Supreme Court we’ll win,” he said.