ACLU of Maine executive director Alison Beyea gave the follwong comments at a press conference on February 4, 2020:

Good afternoon. My name is Alison Beyea and I’m the executive director of the ACLU of Maine. We are here today to urge Maine’s legislators to pass LD 1693, and restore access to justice for victims of workplace harassment and discrimination.

Access to the courts has long been a crucial tool for holding companies accountable to the law and the rights of their employees.

30 years ago, if an employee or group of employees faced harassment or discrimination in the workplace, they could take their case to court. If a woman faced sexual harassment by her employer, or a group of Black workers was treated differently than their white counterparts, they could sue. The lawsuit would have the effect of bringing the abuse to light, deterring future discrimination, and achieving some justice for the workers.

Today, the rise of forced arbitration agreements has largely done away with that.

Today, if a worker or group of workers is the target of unlawful discrimination or harassment, they may not have the option to sue. Instead of bringing their complaint to court, they may have to bring it to an industry arbitration board made up of lawyers with no training on the legal issues surrounding harassment.

This use of forced arbitration – in which employees knowingly or unknowingly sign away their right to sue their employers as a condition of employment – slams the courthouse doors on victims of workplace harassment and discrimination. 

Arbitration lacks the procedural protections afforded by the justice system. Rather than going before a judge or a jury of one’s peers, cases in arbitration are decided by a panel of lawyers who are not required to follow legal precedent.

And unlike court cases, these proceedings are subject to strict confidentiality. Even if a victim wants to discuss their case publicly, they cannot. This secrecy thwarts public accountability for repeat harassers or the employers who have failed to stop them.

As a result, too many valid sexual harassment and other discrimination cases never see the light of day, repeat offenders are not held to account, and few survivors get true justice through this process.

Yet despite this denial of justice, the use of forced arbitration has doubled in scope since the 1990s. And it is prevalent in female dominated industries – 58 percent of female workers are subject to the practice – as well as in low-wage fields and industries dominated by women of color. 

To be sure, some people may prefer arbitration to the process of litigation, and they should have the right to pursue that course if it is their preference. But they should also have the right to pursue justice in the courts.

To safeguard everyone’s rights to be treated with dignity, Maine’s lawmakers should support efforts to protect all victims of discrimination. LD 1693 would preserve access to courts for Maine workers when all other avenues have been closed off by corporations.

Legislators should take this opportunity to pry the courthouse doors open again, and ensure victims of harassment and discrimination get their day in court.

When brainstorming ways to keep kids safe, I'd put things like establishing good schools, strong communities and stable homes at the top of the list. And then a million-and-a-half ideas later, so far down that we're no longer even on the list anymore, is where I'd put throwing kids in prison. And even that feels generous — which makes Maine's rampant use of incarceration as the default means of dealing with vulnerable children so troubling.

And I'm not alone in my concern. Earlier this week, advocates across Maine met together as part of the Maine Juvenile Justice System Assessment and Reinvestment Task Force, where they called for Maine's leaders to take immediate action to end to the harm that Maine's youth incarceration crisis is causing.

At the meeting, the Center for Children’s Law & Policy presented its findings and recommendations — gathered over the course of a year through interviews and focus groups with top state officials, legal & law enforcement personnel, affected youth and their families, as well as other experts from across the country.

Through its research, CCLP found that in over half of detention cases, the reason for detention was to provide care and that the vast majority of children imprisoned for over 30 days were being held at Long Creek while waiting for placement or programming elsewhere.

This becomes even more boggling when you realize that in Maine, kids swept into Long Creek because they're in need of care don't always receive that designation because of unlawful behavior on their part. Instead, this label ends up being extended to kids who are simply facing mental health challenges or unstable housing. As Rep. Charlotte Warren pointed out at the meeting, according to Title 15 of the Maine Code, "if kids are homeless, [the state] can incarcerate them."

Warren went on to call for a more community-centered approach. "We need to build community-based resources. That's what I want our goal to be...We need community-based supports...we need to rebuild that. We need to rebuild crisis & mobile crisis [beds]."

%3Ciframe%20allow%3D%22accelerometer%3B%20autoplay%3B%20encrypted-media%3B%20gyroscope%3B%20picture-in-picture%22%20allowfullscreen%3D%22%22%20frameborder%3D%220%22%20height%3D%22315%22%20src%3D%22https%3A%2F%2Fwww.youtube.com%2Fembed%2F1XykCUb-Eko%3Fautoplay%3D1%26version%3D3%26playsinline%3D1%22%20width%3D%22560%22%3E%3C%2Fiframe%3E

Privacy statement. This embed will serve content from youtube.com.

ACLU of Maine Executive Director Alison Beyea, who was also at the meeting, had similar takeaways, saying that "helping young people who struggle should be a problem we address through our health and human services systems - not through our criminal justice system."

Thankfully, there is a bill up for consideration in the State Legislature —  LD 1684, "An Act To Clarify the Right to Counsel for Juveniles and Improve Due Process for Juveniles," sponsored by Rep. Victoria Morales of South Portland — that aims to address youth incarceration in several ways.

LD 1684 would set a minimum age for prosecution (12) and incarceration (14), keeping the youngest, and most likely to be harmed by incarceration, children out of the system. Then, if prosecutors and judges were to push forward with incarceration, they would have to prove that outside treatment/alternative placement were unviable options and would require periodic 90-day reviews before a judge to determine whether commitment of a child is still in the best interest of the child and the community. The bill would also do away with the mandatory minimum one year sentence at Long Creek, helping get kids out of prison faster, and would make sure that kids in jail continue to have access to legal representation throughout their sentence.

Moves like this to limit the use of detention are vitally important. Detention has been shown to have a wide range of negative impacts on kids, including disruption to connections to family, school and communities; exacerbation of mental illness and risk of self-harm; increased likelihood of delinquent behavior; and a slowing of the natural aging out process of delinquency.

But even if LD 1684 does pass, incarcerated kids in Maine might still face additional threats. Currently, the state is considering re-locating incarcerated women to Long Creek, where they would share facilities with the youth – this doesn't happen in other states. This move would limit youth access to programming and recreation they desperately need, compounding the negative effects of incarceration.

It's time that instead of meeting our most vulnerable kids with more trauma, we move away from youth incarceration and start investing in communities, giving our kids a chance to heal.