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ADAM SCHWARTZ

5117 N. Wolcott Ave. • Chicago, IL 60640 • (773) 251-3510 • AdamDSchwartz@yahoo.com

SUMMARY OF EXPERIENCE

American Civil Liberties Union of Illinois , Chicago, IL, 1996-present.

Senior Staff Counsel (2002-present), and Staff Counsel (1996-2002).

Subject matter expertise. Freedom of expression, juvenile justice, police accountability,

religious liberty, technology and privacy, national security, education, drug policy reform.

Legal advocacy. At all levels of the federal and Illinois courts: pre-filing investigation, including extensive use of FOIA; drafting complaints; civil discovery, including taking and

defending depositions; trial court motions practice, including oral and written advocacy on discovery and summary judgment; extensive experience developing expert proof; preliminary injunction hearings and trials; appellate court practice, including oral

arguments and drafting appellate and amicus curiae briefs; settlement negotiations and informal resolution of legal disputes; monitoring and enforcing consent decrees; and

attorney fee petitions.

Legislative advocacy. Drafting proposed legislation, fact sheets, and supporting reports;

providing oral and written testimony to federal, state, and local legislative bodies and administrative agencies; and negotiating with stakeholders, legislators, and their staffs.

Communications advocacy. Writing and publishing ACLU reports and editorials; and

providing more than 100 media interviews and presentations throughout Illinois.

Legal intern program. Hiring, training, and supervising student lawyers (100 since 2000).

Judge Betty B. Fletcher, U.S. Court of Appeals for the Ninth Circuit, Seattle, WA, 1995-1996.

Law Clerk.

EDUCATION

Howard University School of Law, J.D., Washington, DC, 1992-1995.

GPA: 93% (first in class of 150).

Howard Law Journal Notes Editor.

Legal internships:

o McDermott Will & Emery, Chicago, IL, summer 1994. o Environmental Law Institute, Washington, DC, summer 1993.

Cornell University, B.A. in Economics, Ithaca, NY, 1989-1992.

GPA: 3.84 (Distinction in All Subjects).

Deep Springs College, Deep Springs, CA, 1987-1989.

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LEGAL ADVOCACY

Representative cases

Peery v. Chicago Housing Authority, 13-cv-5819 (N.D. Ill.). Lead counsel in a class action challenge to mandatory suspicionless drug testing in public housing units in mixed-income

developments. After defeating a motion to dismiss (2013 WL 6182770), and then taking extensive discovery and conducting a two-day evidentiary hearing, we were denied a preliminary injunction (2014 WL 4913565). We have completed briefing our appeal,

which I will argue in the near future.

R.J. v. Bishop, No. 12-cv-7289 (N.D. Ill.). Lead counsel in a class action challenge to unconstitutional conditions for 750 youths confined by the Illinois Department of Juvenile

Justice. The case settled by consent decree. Ongoing work includes negotiation of Department policies on solitary confinement, education and mental health services, and care of LGBT youths; monitoring the Department’s implementation of agreed policies;

visiting incarcerated youths; and coordinating with the three Court-appointed monitors.

ACLU v. Alvarez, 10-cv-5235 (N.D. Ill.). A First Amendment challenge to enforcement of the Illinois Eavesdropping Act against civilians who audio record on-duty police officers in

public places. I was the principal author of our successful briefs in the court of appeals (679 F.3d 40), and in opposition to certiorari (133 S. Ct. 651).

ACLU v. Illinois State Police, No. 10-ch-40840 (Cook County Circuit Ct.). Lead counsel in a FOIA enforcement lawsuit to obtain documents regarding the Illinois fusion center for

law enforcement data.

ACLU v. White, No. 09-cv-7706 (N.D. Ill.). A First Amendment class action challenge to a

statute requiring legislative advocates to pay registration fees far in excess of government’s actual administrative costs. We prevailed (692 F. Supp. 2d 986), following discovery, and

a preliminary injunction hearing consolidated with trial on the merits.

ACLU v. Illinois State Police, No. 08-ch-8926 (Cook County Circuit Ct.). Lead counsel in a FOIA enforcement lawsuit to obtain documents regarding traffic stop consent searches.

Sherman v. School District 214, No. 07-cv-6048 (N.D. Ill.). In a class action challenge to

the Illinois statute requiring a “moment of silence” in every public school classroom, we served as active litigating amicus curiae. We won summary judgment (594 F. Supp. 2d 981), but the appellate court reversed by two-to-one (623 F.3d 501).

Studs Terkel v. AT&T, No. 06-cv-2837 (N.D. Ill.). A class action challenge under the

Electronic Communications Privacy Act to AT&T’s disclosure to the National Security Agency of the telephone metadata of millions of innocent customers. The case was dismissed without prejudice on state secrets grounds (441 F. Supp. 899). I had primary

responsibility for drafting the complaint and state secrets briefs. Subsequently, it was refiled and transferred to MDL proceedings in the Northern District of California.

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Rahman v. Chertoff, No. 05-cv-3761 (N.D. Ill.). A class action challenge to abusive border detentions and searches of innocent Muslim and Arab citizens as a result of erroneous

identification or wrongful inclusion on the federal Terrorism Screening Database. Following extensive discovery, and initial success in certifying a class and defeating a

motion to dismiss (244 F.R.D. 443), the case was later dismissed (2010 WL 1335434), following Seventh Circuit reversal of class certification (530 F.3d 622).

ACLU v. U.S. Department of Homeland Security, No. 04-cv-5419 (N.D. Ill.). Lead counsel in a FOIA enforcement lawsuit to obtain documents regarding post-9/11 federal

immigration enforcement in Illinois.

Albrecht v. Metropolitan Pier and Exposition Authority, No. 03-cv-6472 (N.D. Ill.). Lead

counsel in a class action First Amendment challenge to limits on protest sites at Chicago’s McCormick Place convention center. Following extensive discovery and successful

opposition to a motion to dismiss (338 F. Supp. 2d 914), the case favorably settled.

Shani Davis v. City of Chicago, No. 03-cv-2094 (N.D. Ill.). A Fourth Amendment challenge, by the Olympic gold medalist and three other African-American men, to police

stop-and-frisks absent individualized suspicion of crime. Following denial of a motion to dismiss (2003 WL 21781898) and discovery, the case favorably settled.

Scott v. Bevard, 02-cv-1169 (C.D. Ill.). A challenge to a discriminatory traffic stop by Illinois State Police troopers. After extensive discovery and defeat of the troopers’ motion

for summary judgment, the case favorably settled.

ACLU v. U.S. General Services Administration, No. 01-cv-3115 (N.D. Ill.). Lead counsel in a class action First Amendment challenge to limits on protests at the Federal Plaza in downtown Chicago, including closure of this important forum following the September 11

attacks. Following extensive discovery and motions practice, the case favorably settled (235 F. Supp. 2d 816).

Crue v. Aiken, 01-1144 (C.D. Ill.). A First Amendment challenge to a public university’s

restraint on faculty communications with prospective student athletes regarding the since-retired “Chief Illiniwek” mascot. Following extensive discovery, we prevailed in partial summary judgment and at trial, and then on appeal (370 F.3d 668).

Black v. McGuffage, No. 01-cv-0208 (N.D. Ill.). A Voting Rights Act challenge to the use

of punch card voting machines, filed soon after the Bush v. Gore controversy. Following successful opposition to a motion to dismiss (209 F. Supp. 2d 889), and extensive

discovery, the case favorably settled.

Ledford v. City of Highland Park , No. 00-cv-4212 (N.D. Ill.). A class action challenge to

discriminatory traffic stops by a suburban police force. Following extensive pre-filing investigation and negotiation, the case settled by consent decree (2000 WL 1053967).

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Chavez v. Illinois State Police, No. 99-cv-5307 (N.D. Ill.). A class action challenge to discriminatory traffic stops by the Illinois State Police. After extensive discovery and

motions practice, the appellate court affirmed dismissal (251 F.3d 612).

Winkler v. Rumsfeld, No. 99-cv-2424 (N.D. Ill.). Lead counsel in a challenge to the Department of Defense’s special treatment of the Boy Scouts, despite the BSA’s exclusion of atheists. Following extensive discovery, the trial court granted summary judgment for

the plaintiffs (2005 WL 627966), but the appellate court reversed (481 F.3d 977).

City of Chicago v. Morales, 97-1121 (U.S.). A challenge to the Chicago Anti-Gang Loitering Ordinance, which prohibited loitering “for no apparent purpose” in a public place

by any person in the presence of a suspected gang member. I assisted with the successful merits brief in the U.S. Supreme Court (527 U.S. 41).

Lewis E. v. Spagnolo, No. 83382 (Ill. Sup. Ct.). A challenge under the Illinois Constitution to inadequate public education in East St. Louis. A state appellate court allowed the case to

proceed (287 Ill. App. 3d 822), but the state supreme court reversed (186 Ill. 2d 198).

Quentin Young v. City of Chicago, No. 96-cv-4554 (N.D. Ill.). Following my office’s successful challenge to protest limits at the 1996 Democratic National Convention, I briefed

the fee petition in the trial and appellate courts.

K.L. v. Edgar, No. 92-cv-5722 (N.D. Ill.). A class challenge to unconstitutional conditions

for mentally ill adults confined by the Illinois Department of Mental Health. Following extensive discovery and motions practice, the case favorably settled.

ACLU v. City of Chicago, 75-cv-3295 (N.D. Ill.). In this challenge to political spying by

police, I briefed and argued the appeal on attorney fees for consent decree monitoring.

Amicus curiae briefs

People v. Melongo, No. 114852 (Ill. Sup. Ct.), and People v. Clark, No. 115776 (Ill. Sup.

Ct.). Arguing that the Illinois Eavesdropping Act violates the First Amendment as applied to two criminal defendants who recorded non-private conversations.

Sandholm v. Kuecker, No. 111443 (Ill. Sup. Ct.). Arguing that the Illinois Citizen Participation Act protects petitioning of government from retaliatory defamation lawsuits.

City of Chicago v. St. John’s Church, No. 2-10-0131 (Ill. App. Ct.). Arguing that the

Illinois Constitution requires strict judicial scrutiny of neutral government laws that burden the free exercise of religion.

Nuxoll v. Indian Prairie School District, 08-1050 (7th Cir.). Arguing that the First

Amendment protects the right of a public high school student to wear at school a t-shirt stating: “Be happy not gay.”

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Christian Legal Society v. Walker, No. 05-3239 (7th Cir.). Arguing that a public university may exclude discriminatory student groups from university forums for student groups.

Cherif Bassiouni v. FBI, No. 04-3888 (7th Cir.). Arguing that the federal Privacy Act

allows a private lawsuit to amend government dossiers that improperly describe First Amendment activity in the absence of a current law enforcement purpose.

Buckhannon Inc. v. West Virginia, No. 99-1848 (U.S. Sup. Ct.). Arguing the federal Civil Rights Attorney Fees Award Act provides fee-shifting when litigation is the “catalyst” of

the government unilaterally ceasing its challenged unconstitutional conduct.

Birkett v. City of Chicago, No. 84452 (Ill. Sup. Ct.). Arguing against the creation of a state common law discovery privilege for government deliberations.

LEGISLATIVE ADVOCACY

Illinois bills successfully enacted

Freedom from Location Surveillance Act, 725 ILCS 168 (2014). Requiring police to obtain a judicial warrant before tracking a person’s location in real-time by means of their cell

phone or another electronic device.

Freedom from Drone Surveillance Act, 725 ILCS 167 (2013). Requiring police to obtain a judicial warrant before using an aerial drone to gather information.

Amendments to the Freedom of Information Act, 5 ILCS 140 (2010). Narrowing the

exemptions to the presumption that government must disclose its records to the public.

Citizen Participation Act, 735 ILCS 110 (2007). Protecting people who petition

government from retaliatory suits, called “SLAPPS,” or strategic lawsuits against public participation.

Traffic Stop Statistical Study Act, 625 ILCS 5/11-212 (2003). Requiring police to gather

and publish statistical data about traffic stops, in order to deter and detect racial profiling.

Civil Rights Act, 740 ILCS 23 (2003). Prohibiting state and local government from

adopting policies causing a disparate impact on the basis of race or gender.

Selected legislative testimony

For juvenile justice reform, before the Illinois House Restorative Justice Committee (October 30, 2013).

For limits on drone surveillance, before the Illinois Senate Criminal Law Committee (March 6, 2013).

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For county jail non-cooperation with federal immigration detainers, before the Cook County Board of Commissioners (February 9, 2012).

For expedited judicial appeals under the Citizen Participation Act , before the Illinois

Supreme Court Rules Committee (February 17, 2009).

For civilian review of police complaints, before the Chicago City Council Police and Fire

Committee (June 11, 2007).

For oversight of police sidewalk stops, before the Illinois Senate Judiciary Committee (April 13, 2005).

Against the Illinois Anti-Terrorism Act, before the Illinois Senate Judiciary Committee

(October 31, 2001).

COMMUNICATIONS ADVOCACY

Selected publications

Chicago’s video surveillance cameras, Northwestern Journal of Technology & Intellectual

Property, Volume 11, Issue 2, Article 4 (2013).

In defense of the Citizen Participation Act, Illinois Bar Journal (March 2009).

Litigating the right to a minimally adequate education in East St. Louis, Clearinghouse Review (March-April 1999).

Will the “Constitution State” desegregate? Howard Law Journal (Summer 1995).

The law of environmental justice, Environmental Law Reporter (January 1995).

Selected ACLU reports

Chicago Police traffic stops in 2013 (December 2014).

Statewide and State Police traffic stops in 2013 (August 2014).

Fusion centers in Illinois (September 2012).

Know your right to protest in Chicago, published in conjunction with ACLU monitoring of police activity at anti-NATO protests (May 2012).

Chicago’s video surveillance cameras (February 2011).

Statewide and State Police traffic stops in 2007 (July 2008).

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Selected presentations and interviews

LGBT prisoners, presented at Continuing Legal Education programs at the Juvenile and Adult Branches of the Office of the Cook County Public Defender (March 2 and 23, 2015).

Reforming Illinois’ juvenile and adult prisons, presented at a Continuing Legal Education program at the Weinberg Photography Gallery (March 20, 2015).

Illinois’ new eavesdropping statute, a conversation on Chicago Public Radio’s Morning

Shift (December 12, 2014).

Privacy in the digital age, presented at State Senator Biss’ town meeting about recent Illinois legislation on location tracking and drones (September 9, 2014).

Fixing juvenile prisons, a panel discussion on Chicago Public Radio’s Morning Shift

(March 17, 2014).

Religious liberty in public schools, a panel at the University of Illinois following a

screening of a documentary film about the historic McCollum lawsuit (March 5, 2013).

Protest as a tool of social change, and Seeking fairness for communities of color, presented at a Continuing Legal Education program sponsored by the ACLU (December 1, 2012).

Photo identification as a voting requirement, presented to a League of Women Voters event

at the Round Lake Civic Center (June 21, 2012).

DNA familial testing, presented at Northwestern Law School’s Center on Wrongful

Convictions (March 3, 2011).

Chicago’s video surveillance cameras, a panel discussion on Chicago Public Television’s Chicago Tonight (April 29, 2010).

Legislative earmarks to churches, a panel discussion on Chicago Public Television’s

Chicago Tonight (November 12, 2009).

Know your rights during FBI interviews, presented at the Naperville Islamic Center

(October 30, 2009).

National security watchlists, presented at Northwestern Law School (March 9, 2009).

The Illinois “moment of silence” statute, presented to the American Constitution Society Chicago Chapter (March 5, 2008).

The rights of public school students, presented at a Continuing Legal Education program

sponsored by the Illinois State Bar Association (February 22, 2008).

Voting machines and civil rights, presented at Northwestern Law School (February 5, 2008).

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Ending bias-based policing, presented at Northwestern University Center for Public

Safety’s Fourth National Symposium on Racial Profiling (April 26, 2005).

Displaying the Ten Commandments on government property, presented at Temple KAM Isaiah Israel (February 13, 2005).

Civil liberties after September 11, presented at the Joliet Rotary Club (April 30, 2002).

Protecting minority faiths in prison, presented before the Illinois State Association of Chaplains (October 28, 1998).

OTHER

Board memberships

Public Interest Law Initiative (2012-present).

Chicago Coalition for Police Accountability (2007-2010).

Chicago Council of Lawyers (2003-2006).

Justice Coalition of Greater Chicago (2000-2005).

Bar memberships

Illinois (1996).

Federal courts: Seventh Circuit Court of Appeals; Northern District of Illinois; and Central

District of Illinois.