Retiring Arizona Prison Watch...


This site was originally started in July 2009 as an independent endeavor to monitor conditions in Arizona's criminal justice system, as well as offer some critical analysis of the prison industrial complex from a prison abolitionist/anarchist's perspective. It was begun in the aftermath of the death of Marcia Powell, a 48 year old AZ state prisoner who was left in an outdoor cage in the desert sun for over four hours while on a 10-minute suicide watch. That was at ASPC-Perryville, in Goodyear, AZ, in May 2009.

Marcia, a seriously mentally ill woman with a meth habit sentenced to the minimum mandatory 27 months in prison for prostitution was already deemed by society as disposable. She was therefore easily ignored by numerous prison officers as she pleaded for water and relief from the sun for four hours. She was ultimately found collapsed in her own feces, with second degree burns on her body, her organs failing, and her body exceeding the 108 degrees the thermometer would record. 16 officers and staff were disciplined for her death, but no one was ever prosecuted for her homicide. Her story is here.

Marcia's death and this blog compelled me to work for the next 5 1/2 years to document and challenge the prison industrial complex in AZ, most specifically as manifested in the Arizona Department of Corrections. I corresponded with over 1,000 prisoners in that time, as well as many of their loved ones, offering all what resources I could find for fighting the AZ DOC themselves - most regarding their health or matters of personal safety.

I also began to work with the survivors of prison violence, as I often heard from the loved ones of the dead, and learned their stories. During that time I memorialized the Ghosts of Jan Brewer - state prisoners under her regime who were lost to neglect, suicide or violence - across the city's sidewalks in large chalk murals. Some of that art is here.

In November 2014 I left Phoenix abruptly to care for my family. By early 2015 I was no longer keeping up this blog site, save occasional posts about a young prisoner in solitary confinement in Arpaio's jail. I'm deeply grateful to the prisoners who educated, confided in, and encouraged me throughout the years I did this work. My life has been made all the more rich and meaningful by their engagement.

I've linked to some posts about advocating for state prisoner health and safety to the right, as well as other resources for families and friends.

until all are free -

MARGARET J PLEWS (June 1, 2015)
arizonaprisonwatch@gmail.com



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Showing posts with label human rights. Show all posts
Showing posts with label human rights. Show all posts

Tuesday, September 11, 2012

Arpaio's Deaths in Custody: Stealing gifts from God.

 The wrongful death of Deborah Braillard (Braillard v. Maricopa County, et al)is going to a jury trial tomorrow at the Sandra Day O'Connor Federal Courthouse in Phoenix.

Here's what ABC News most recently has had to say:

http://abcnews.go.com/US/video/arizona-womans-jail-death-leads-to-lawsuit-17209730

Here's my original post, with the article from the Phoenix New Times below.

 4th Avenue Jail, Phoenix


--------from Arizona Prison Watch (December 11, 2010)-----------


Those citizens with their civil rights intact who flocked to Arizona to exploit cheap labor and avoid paying for public schools - not the families who migrated here from our south - are the people who endanger us the most. Increasingly, elections in this state are not exercises in democracy but acts of violence perpetrated on those of us whose voices don't count. If anyone plans to tamper with the constitution next year, it should be only to disenfranchise all the sadistic, delusional voters who support the likes of Joe Arpaio, applauding his stubborn refusal to provide health care to prisoners, his misogynistic policies and underwear, and his abusive staff.


It's sad how many of Arpaio's posse members seem to think of themselves as "Christians", you know - good ones, at that. They must have missed the part in the Bible about how Christ was a prisoner himself (as were Daniel, the Apostle Paul, and my own ancestor, Brigham Young - who would no doubt be treated as a sex offender today - even if never convicted). Would they entrust the care of their prophet, their Savior, or Mother Mary to the Maricopa County Sheriff - or even to the rest of the good Christians who voted for Sheriff Joe?


How about the care of their own mothers?


Investigative journalist Michael Lacey has written a lot of good pieces for the Phoenix New Times - this one should really bring home an award. I'm just giving you the beginning - follow the link for the rest, and take the extra time to view the depositions after you read. One prisoner testifies that she witnessed guards drag a "mentally challenged" women by her ankle, and begins to cry. Another one details the pains that the other criminals went to in order to try to keep Deborah Braillard alive and restore her to health themselves. Sadly, it's so often the case for people who are incarcerated that the most compassion they encounter as they are dying comes from their fellow prisoners. The last video in the series of depositions is this brief clip of Deborah's daughter describing the last days of her mother's life - on a ventilator and chained to a bed....
 



Good job, Sheriff Joe: that's really being "tough on crime." You can't clear your violent crimes so you vilify and brutalize whatever people you can take prisoner.
It's truly disturbing that your officers don't walk out on you en masse.


We have to figure out how to take back the keys to our jails from Arpaio and his crew before they kill some other little girl's mom or grandma, or someone's else's child. This is not an isolated incident - it's evidence of the criminal practices and patterns of the MCSO and Sheriff Joe that both shame and harm us all. We can't afford two more years.

Finally, remember, dear lawmakers and lawmen: when you deprive the people of meaningful mechanisms to participate in our government peacefully - all the while bludgeoning us and our communities with your rights to profit and your penchant for prisons - you not only risk your re-election, you tempt your fates. You Tea Party tyrants are the ones who will spark a real revolution that can't be contained by your lies and legislation, or by your badges and guns.

That's not a threat, by the way - just a warning. It's all I can see coming of your egocentricity, bigotry, self-righteousness, and hate.

--------------------from the Phoenix New Times----------------------



by Michael Lacey
December 9, 2010


Deborah Braillard, mother
(1991)

Mom taught me to sew.

And I' m going to teach my own baby, Jennylee. Eventually.

Jennylee is a quick study for a 6-year-old.

She watches as I sew her Minnie Mouse costume. She is double-twice excited, though honestly, I think I like Halloween as much as she does, even if it is a gloomy time of year.

Come, sit here, Pumpkin, and watch now how I pin the paper pattern here on the cloth. You see that, sweetie? You cut this out while I trim the red polka dots for your bow.

Done.

You take a good look at these pieces and try to guess where they'll go. Mommy will be right back.

As mother and daughter work inside their little trailer, outside, slate-stained cumulonimbus clouds menace, gray anvil domes await the strike.

Deborah ducks, briefly, into the tiny, plywood-framed bathroom for a little pick-me-up. When she emerges, the sweetness of this moment with Jennylee does not escape her notice.

But lightning in the darkness overcomes it.

Deborah shivers in spite of herself.

Hey there, Pumpkin, here's the last part.

I'll just straight-stitch the seams, roll the fabric to make a hem, and secure the bow with a whip-stitch.

Let me iron up the white apron and spray it with starch to give it a little oomph.

You look perfect.

Wait! Wait! . . . Here, a little mascara, we'll make a black dot for your nose and whiskers. Hold still now, a little lipstick.

Okay, let's walk over to the community center.

Grandma will meet us there.

Jennylee, if you aren't the best mouse ever . . .

Jennylee Braillard, daughter
(2010 interviews)

"Just about my first memory of my mom was the Minnie Mouse costume she made me at Gold Bar, which is where you can hook up your trailer just outside Monroe, Washington.

"I won first place that Halloween. My prize was a six-pack of root beer."

As Jennylee speaks, her own infant daughter, Kaylynn, coos and looks around, a bow tied to her little, full-moon head.

"My mom was always happy. She was nurturing, caring. She was my mom."

Her mother's ashes sit in a container in Jennylee's home in west Phoenix. The dust is such a small amount inside a little vessel; you'd hardly believe that someone's remains could amount to so little.

It is a fact that Deborah Braillard did not always make good choices.

She died an agonizing death in a diabetic coma that would wring the life out of her over three weeks that seemed without end.

The bigger truth is that she was hurried on her way.

Deborah Braillard's passing is never far from Jennylee's thoughts; after all, she watched the worst of it.

"I was terrified to open the plastic bag with her ashes. I put mom in a big jewelry box. I think about taking her back to Gold Bar. That's where my grandmother and great grandmother are buried. It's been in the family forever. There are nature trails there . . .

"But I worry if something happens to my uncle who lives there [what would happen to Mom]."

Consider: In May 2010, researchers at the University of Wisconsin find that, in stressful situations, cortisol levels in girls soar. But for many of the young women, simply hearing their mother's voice is enough to wash away the anxiety, replacing the stress hormone with feelings of love.

Men have no such relief.

What happens between a mother and daughter comes from God.

Tamela Harper, inmate

(2007 deposition)


Tamela Harper is detained in Sheriff Joe Arpaio's jail when they put Deborah Braillard into her cell in January 2005.

"She was unconscious [on the evening of the 2nd]. She wasn't hardly there. She walked back to her bunk, and that was the last time I saw that lady walking. People were helping her. She was throwing up constantly.

[Next day] that's when she started moaning and groaning and throwing up. She was basically unconscious at the time. She couldn't speak. She couldn't eat. The officers kept saying she was kicking heroin.

"She defecated on herself several times. There was no help for her. We kept telling the officers, you need to help her."

Brenda Tomanini, inmate

(2007 deposition)


Deborah Braillard threw up on other inmates, from her bunk to theirs. No guards, no nurses. The inmates, and Deborah, were alone on the 3rd.

On the morning of the 4th, medical asked to have Braillard brought into the clinic. But trusties could not wake the unconscious Deborah. She was left vegetating.

"I couldn't get Ms. Braillard up. Couldn't do it. She wouldn't respond to me at all. I could tell that she was breathing, but I couldn't get a response out of her.

"It just freaked me out because I don't think in my experience . . . I don't think she had been on drugs."

But the guards in the jail say different.

"Don't worry about Deborah Braillard. She's getting what she deserves. She's coming off drugs," is how Tomiani remembers it.

The inmates understand the drill, says Tomanini.

Tomanini described a retarded inmate brutalized for her sass.

"It broke my heart. I had to put my head under my blankets, and I cried. It broke my heart to see something like that."

Tomanini's experience with the medical clinic underscores the sense of neglect.

"I got sick and I was running a fever, and I had put a tank order in — that's what they call it for medical. And two months went along, and I didn't get any better. I was waiting for medical to call me . . . You had to fight to get medical attention.

Consider: It was standard procedure to collapse on the floor in order to get medical attention. Otherwise you might well be ignored by an overwhelmed medical clinic. Inmates report that guards would actually instruct them to drop, to collapse. Only then would a call — man down! — go out to the nurses.

Deborah Braillard, mother


Do I think? I think not.

I am aware.

I am aware of the I-will-nots:

I will not see my granddaughter, Kaylynn, walk. I will not give her my finger to steady her early toddles. I will not go down a slide with her. I will not put a Band-Aid on her owie.

I will not get a chance to be a better grandmother than I was a mom. Ever.

Consider: Deputies find methamphetamine in Braillard's purse about midnight on January 1, 2005. She is with a small group of users whose car breaks down in a parking lot on the west side when officers happen upon them.

She is admitted into the jail about 2 a.m. on January 2. Though the entire prison is videotaped around the clock, the sheriff is unable to produce any film of Deborah's early custody.

Historically, when inmates are killed or injured, Sheriff Arpaio loses evidence and incriminating video surveillance or produces video so degraded it is unwatchable.

Almost a full day after her initial booking, Braillard is transferred from the intake jail downtown to the all-female Estrella jail in west Phoenix. For the next 60 hours, guards at Estrella assume, mistakenly, that her wretched condition is the result of her kicking drugs.

This lethal mistake is aided and abetted by a poultice of organizational neglect combined with personal insensitivity that overwhelms thin outbreaks of humanity...


(Go to the source to read the rest... then PLEASE contact the Maricopa County Attorney's Office and tell them you want these people criminally prosecuted to the fullest extent every time they neglect or abuse a prisoner. Only then will some of this stop.)

Sunday, March 27, 2011

AZ Victims of State Crimes: Constitutionally Denied Justice.

"Defend Human Rights"
Phoenix Committee of Homeless Campers.
Artwalk (March 4, 2011).



The international community recognized the need to protect victims of state violence a long time ago. Why does the Arizona Constitution exclude us when we're assaulted or killed in custody - it doesn't even protect the state from liability? It just means that the victims of police brutality have no rights in criminal court. As citizens who have been abused by the state, we aren't invited to comment on plea deals or the sentencing of our perpetrators, guaranteed services from the multitude of Victims' Rights agencies, appointed a victim/witness advocate, or assured that a restitution agreement will cover our medical expenses.

Excluding victims who "are in custody for an offense"
from constitutional protections not only relegates prisoners to sub-human status in the hands of the state, it does the same to the family members who survive the violence or gross indifference to human life that takes their loved ones. The prisoners who get most abused are very often the ones who are least able to defend themselves or seek redress afterwards: the seriously mentally ill who shouldn't even be in the criminal justice system to begin with.

The legislature is empowered to extend victims rights to everyone - it doesn't have to go to referendum. Tell your legislator that victims of state crimes matter, too. He or she can be reached at:

Arizona State Legislature
1700 W. Washington St.
Phoenix, AZ 85007


cc your letter to the chair of the House Judiciary Committee, Rep. Eddie Farnsworth, the chair of the Senate Judiciary Committee, Ron Gould, and someone there who might really care: Mesa Representative and Chair of the House Health and Human Services Committee, Cecil Ash.

-------------From the Arizona State Constitution, Article 2--------

2.1. Victims' bill of rights

Section 2.1. (A) To preserve and protect victims' rights to justice and due process, a victim of crime has a right:
1. To be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal justice process.
2. To be informed, upon request, when the accused or convicted person is released from custody or has escaped.
3. To be present at and, upon request, to be informed of all criminal proceedings where the defendant has the right to be present.
4. To be heard at any proceeding involving a post-arrest release decision, a negotiated plea, and sentencing.
5. To refuse an interview, deposition, or other discovery request by the defendant, the defendant's attorney, or other person acting on behalf of the defendant.
6. To confer with the prosecution, after the crime against the victim has been charged, before trial or before any disposition of the case and to be informed of the disposition.
7. To read pre-sentence reports relating to the crime against the victim when they are available to the defendant.
8. To receive prompt restitution from the person or persons convicted of the criminal conduct that caused the victim's loss or injury.
9. To be heard at any proceeding when any post-conviction release from confinement is being considered.
10. To a speedy trial or disposition and prompt and final conclusion of the case after the conviction and sentence.
11. To have all rules governing criminal procedure and the admissibility of evidence in all criminal proceedings protect victims' rights and to have these rules be subject to amendment or repeal by the legislature to ensure the protection of these rights.
12. To be informed of victims' constitutional rights.
(B) A victim's exercise of any right granted by this section shall not be grounds for dismissing any criminal proceeding or setting aside any conviction or sentence.
(C) "Victim" means a person against whom the criminal offense has been committed or, if the person is killed or incapacitated, the person's spouse, parent, child or other lawful representative, except if the person is in custody for an offense or is the accused.
(D) The legislature, or the people by initiative or referendum, have the authority to enact substantive and procedural laws to define, implement, preserve and protect the rights guaranteed to victims by this section, including the authority to extend any of these rights to juvenile proceedings.
(E) The enumeration in the constitution of certain rights for victims shall not be construed to deny or disparage others granted by the legislature or retained by victims.

---------------

from the
Office of the United Nations
High Commissioner for Human Rights
.


Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power
Adopted by General Assembly resolution 40/34 of 29 November 1985

A. Victims of crime

1. "Victims" means persons who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that are in violation of criminal laws operative within Member States, including those laws proscribing criminal abuse of power.

2. A person may be considered a victim, under this Declaration, regardless of whether the perpetrator is identified, apprehended, prosecuted or convicted and regardless of the familial relationship between the perpetrator and the victim. The term "victim" also includes, where appropriate, the immediate family or dependants of the direct victim and persons who have suffered harm in intervening to assist victims in distress or to prevent victimization.

3. The provisions contained herein shall be applicable to all, without distinction of any kind, such as race, colour, sex, age, language, religion, nationality, political or other opinion, cultural beliefs or practices, property, birth or family status, ethnic or social origin, and disability.

Access to justice and fair treatment
4. Victims should be treated with compassion and respect for their dignity. They are entitled to access to the mechanisms of justice and to prompt redress, as provided for by national legislation, for the harm that they have suffered.

5. Judicial and administrative mechanisms should be established and strengthened where necessary to enable victims to obtain redress through formal or informal procedures that are expeditious, fair, inexpensive and accessible. Victims should be informed of their rights in seeking redress through such mechanisms.

6. The responsiveness of judicial and administrative processes to the needs of victims should be facilitated by:

( a ) Informing victims of their role and the scope, timing and progress of the proceedings and of the disposition of their cases, especially where serious crimes are involved and where they have requested such information;

( b ) Allowing the views and concerns of victims to be presented and considered at appropriate stages of the proceedings where their personal interests are affected, without prejudice to the accused and consistent with the relevant national criminal justice system;

( c ) Providing proper assistance to victims throughout the legal process;

( d ) Taking measures to minimize inconvenience to victims, protect their privacy, when necessary, and ensure their safety, as well as that of their families and witnesses on their behalf, from intimidation and retaliation;

( e ) Avoiding unnecessary delay in the disposition of cases and the execution of orders or decrees granting awards to victims.

7. Informal mechanisms for the resolution of disputes, including mediation, arbitration and customary justice or indigenous practices, should be utilized where appropriate to facilitate conciliation and redress for victims.

Restitution

8. Offenders or third parties responsible for their behaviour should, where appropriate, make fair restitution to victims, their families or dependants. Such restitution should include the return of property or payment for the harm or loss suffered, reimbursement of expenses incurred as a result of the victimization, the provision of services and the restoration of rights.

9. Governments should review their practices, regulations and laws to consider restitution as an available sentencing option in criminal cases, in addition to other criminal sanctions.

10. In cases of substantial harm to the environment, restitution, if ordered, should include, as far as possible, restoration of the environment, reconstruction of the infrastructure, replacement of community facilities and reimbursement of the expenses of relocation, whenever such harm results in the dislocation of a community.

11. Where public officials or other agents acting in an official or quasi-official capacity have violated national criminal laws, the victims should receive restitution from the State whose officials or agents were responsible for the harm inflicted. In cases where the Government under whose authority the victimizing act or omission occurred is no longer in existence, the State or Government successor in title should provide restitution to the victims.

Compensation

12. When compensation is not fully available from the offender or other sources, States should endeavour to provide financial compensation to:

( a ) Victims who have sustained significant bodily injury or impairment of physical or mental health as a result of serious crimes;

( b ) The family, in particular dependants of persons who have died or become physically or mentally incapacitated as a result of such victimization.

13. The establishment, strengthening and expansion of national funds for compensation to victims should be encouraged. Where appropriate, other funds may also be established for this purpose, including in those cases where the State of which the victim is a national is not in a position to compensate the victim for the harm.

Assistance

14. Victims should receive the necessary material, medical, psychological and social assistance through governmental, voluntary, community-based and indigenous means.

15. Victims should be informed of the availability of health and social services and other relevant assistance and be readily afforded access to them.

16. Police, justice, health, social service and other personnel concerned should receive training to sensitize them to the needs of victims, and guidelines to ensure proper and prompt aid.

17. In providing services and assistance to victims, attention should be given to those who have special needs because of the nature of the harm inflicted or because of factors such as those mentioned in paragraph 3 above.

B. Victims of abuse of power

18. "Victims" means persons who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that do not yet constitute violations of national criminal laws but of internationally recognized norms relating to human rights.

19. States should consider incorporating into the national law norms proscribing abuses of power and providing remedies to victims of such abuses. In particular, such remedies should include restitution and/or compensation, and necessary material, medical, psychological and social assistance and support.

20. States should consider negotiating multilateral international treaties relating to victims, as defined in paragraph 18.

21. States should periodically review existing legislation and practices to ensure their responsiveness to changing circumstances, should enact and enforce, if necessary, legislation proscribing acts that constitute serious abuses of political or economic power, as well as promoting policies and mechanisms for the prevention of such acts, and should develop and make readily available appropriate rights and remedies for victims of such acts.

Saturday, March 26, 2011

The Prisoner's Best Friend: Prison Legal News.

Over the course of the past several months, I've been hearing from a number of survivors of the Arizona state prison system - particularly the loved ones of prisoners who suicided or had been murdered. Unable to get the AZ Department of Corrections to work with me - or even talk with me - around concerns about the high homicide and suicide rate in recent years, I've been focusing my energy on trying to organize these families to take both legal and political action. I don't see any better way to bring about change; if we just wait for the DOJ or ACLU to come riding in to the rescue, more will just die.


That's not to say that the ADC hasn't been scrambling to reduce their exposure to lawsuits by re-evaluating and supplementing their mental health programs. They're in a pitched PR battle with former Eyman Deputy Warden Carl Toersbijns, trying to discredit his work while making the rest of the community think they're really treating mental illness appropriately in the prisons. More on that soon.


I'm sure many of the ADC's staff actually do care and do good work - Carl is evidence of that, and thank god for those folks - but the state just defends their employees' neglect and abuse of prisoners in court; you should see some of the lawsuits that prisoners have brought. So many of the really good ones get dismissed, though, because they "failed to exhaust their administrative remedies" (prisoners MUST file grievances on anything they want to litigate, and appeal them all the way to the director and back - leaving them op
en to retaliation in the process. Even my buddy Davon won't file grievances on being denied treatment for his Hep C, after a year of fighting, because he's afraid he'll lose his good time - he's almost home).


Anyway, here are some guidelines all prisoners need to know about the Prison Litigation Reform Act so they can protect their rights t
o sue the state. This is one of the guides the judiciary uses.


Here are the instructions for filing a complaint with the
ACLU of Arizona; just keep in mind that their interest is in patterns and practices
of neglect and abuse, not litigating individual cases. Arizona prisoners can litigate their own civil rights cases, if they've exhausted all their administrative remedies, by filing this form in the Arizona District Court.


Friends and family members of seriously mentally ill prisoners unable to grieve issues themselves should file written letters of grievance on their behalf, explicitly noting that their psychiatric disability
prevents them from utilizing the grievance system independently. You'll need a written note of consent from the prisoner for the ADC to release medical information to you, or they'll just stonewall - if they have to answer to you, they're more likely to follow up on your concerns. Ask them to accommodate the prisoner's disability by processing your complaint as if it were a grievance. I haven't tried this yet, so I don't know what they'll say - but it can't hurt to have it in the file if the prisoner isn't grieving mistreatment and ends up getting harmed.


Anyway, in the course of my adventures these past few months I've needed to try to help a few families find an attorney to file suit against the state. Our friends Paul Wright and Lance Weber at Prison Legal News have been instrumental in doing just that - Duron Cunningham's mom is the latest to retain a lawyer to file a notice of claim (it should be out any day now). This is a little bit about who they are. I finally just bought a subscription myself this week - it's well worth it.



---------------------------




The History of Prison Legal News

by Paul Wright

In May 1990, the first issue of Prisoners’ Legal News (PLN) was published. It was hand-typed, photocopied and ten pages long. The first issue was mailed to 75 potential subscribers. Its budget was $50. The first 3 issues were banned in all Washington prisons, the first 18 in all Texas prisons. Since then we have published 244 consecutive issues, grown to offset printing of 56-page issues, and now have almost 7,000 paid subscribers in all 50 states as well as numerous other countries. This is how it happened.

In 1987 I entered the Washington state prison system with a 304-month prison sentence. In 1988 I met Ed Mead, a political prisoner and veteran prison activist, at the Washington State Reformatory (WSR) in Monroe, Washington. Ed had been imprisoned since 1976. In that period he had been involved in organizing and litigating around prison conditions and issues. He had also started and published several newsletters, including The Chill Factor, The Red Dragon and The Abolitionist. By late 1988, Ed and I were jointly involved in class action prison conditions litigation and other political work.

As the 1980s ended it became readily apparent that collectively prisoners were in a downhill spiral. Prisoners were suffering serious setbacks on the legislative, political, judicial and media fronts. Prisoners and their families were the people most affected by criminal justice policies, but were also the ones almost entirely absent from what passed as debate. There was a lack of political consciousness and awareness among prisoners, and widespread ignorance about the realities of the prison system among those not incarcerated.

Ed and I decided to republish The Red Dragon as a means of raising political consciousness among social prisoners in the U.S. We planned to model the new Red Dragon on the old one: a 50-60 page Marxist quarterly magazine that Ed had previously published. We eventually put together a draft copy, but it was never printed for distribution. The main reason was the lack of political and financial support on the outside. We lacked the money to print a large quarterly magazine, and were unable to find volunteers outside prison willing to commit the time involved in laying out, printing and mailing a big publication. Additionally, in 1989 I was subjected to a retaliatory transfer to the Penitentiary at Walla Walla, due to success in the WSR overcrowding litigation. Prison officials also wanted to ensure that the Red Dragon never got published. The transfer meant that Ed and I were relegated to communicating by heavily censored mail.

We scaled back our ambitions and instead decided to publish a small, monthly newsletter focusing on prison issues in Washington. If the support was there it would grow. Originally named Prisoners’ Legal News, we set out with the goal of publishing real, timely news that activist prisoners could use.

With the social movements that had traditionally supported the prison movement in this country at a low ebb (i.e., civil rights, women’s liberation and anti-war movements), we saw PLN’s objective as one that would emphasize prisoner organizing and self-reliance. Like previous political journalists who had continued publishing during the dark times of the 1920s and 1950s, we saw PLN’s role as being similar. From the outset, PLN has striven to be an organizing tool as much as we are an information source. When we started we had no idea that things would get as bad as they have in our nation’s criminal justice system.

In 1990 I was transferred to the Clallam Bay Corrections Center, a then-new Washington prison. In May 1990, the first issue of PLN appeared. Ed and I each typed up five pages of PLN in our respective cells. Columns were carefully laid out with blue pencils and graphics applied with a glue stick. We sent the proof copy to Richard Mote, a volunteer in Seattle, who copied and mailed it. Ed contributed PLN’s start-up budget of $50.

The first three issues of PLN were banned in all Washington prisons on spurious grounds. Ed was infracted by WSR officials for allegedly violating copyright laws for writing law articles. Officials at Clallam Bay ransacked my cell and confiscated my writing materials, background information and anything that was PLN-related. Ed’s infraction was eventually dismissed and my materials were later returned.

Just as we were on the verge of filing a civil rights lawsuit challenging the censorship of PLN, the Washington DOC capitulated and allowed PLN into its prisons. Jim Blodgett, then the warden at the Penitentiary in Walla Walla, told me that PLN would never last because its politics were “harmless and outmoded,” and prisoners were too “young and immature to be influenced” by our ideas. The reprisals had been fully expected, given prison officials’ historic hostility to the concept of free speech.

Then disaster struck: Richard Mote turned out to be mentally unstable. He refused to print and mail PLN’s second issue because he took offense to an article by Ed calling for an end to the ostracization of sex offenders. Mote took off with all of PLN’s money that contributors had sent, about $50, the master copy of the second issue and our mailing list. For several weeks it looked like there would be no second issue of PLN. Fortunately we located a second volunteer, Janie Pulsifer, who was willing to print and mail PLN. Ed and I sent Janie another copy of the issue, which she copied and mailed. We were back on track.

The Presses Keep Rolling

Ed’s then-partner, Carey Catherine, had agreed to handle PLN’s finances and accounting, such as they were, after Mote jumped ship. This was short-lived, because by August 1990 she was preparing to go to China to study. The only person we knew who had a post office box who might be able to take care of PLN’s mail, mainly to process donations, was my father, Rollin Wright. He lived in Florida but generously agreed to handle PLN’s mail for what Ed and I thought would be a few months at most, until we found someone in Seattle.

PLN’s support and circulation slowly began to grow. In January 1991, PLN switched to desktop publishing. Ed and I would send our typed articles to Judy Bass and Carrie Roth, who would retype them and lay them out. Ed and I would then proof each issue before it was printed and mailed. In 1991 PLN also obtained 501(c)(3) status from the IRS so we could use lower postage rates. PLN’s circulation had stabilized at around 300 subscribers. We purposely did not seek further growth because we did not have the infrastructure to sustain it. Once we had non-profit status and postal permits from the post office, we were ready to grow.

In the summer of 1992 we did our first sample mailing to prison law libraries. Since PLN’s reader base had grown, and changed, we decided to reflect this change by renaming the magazine Prison Legal News, as PLN wasn’t just for prisoners anymore. PLN was now being photocopied and mailed each month by a group of volunteers in Seattle.

When PLN started out in 1990, Ed and I had decided it would be a magazine of struggle, whether in the courts or elsewhere, and everything would be chronicled. At a time when the prisoner movement was overcome by defeatism and demoralization, we thought it important to report the struggles and the victories as they occurred to let activists know theirs was not a solitary struggle.

A mainstay of PLN’s coverage from the beginning has been the issue of prison slave labor. This is where the interests of prisoners and free world workers intersect at their most obvious. If people outside prison didn’t think criminal justice policies affected them, PLN would make prisons relevant by showing how prison slave labor took their jobs and undermined their wages. This coverage was helped by the fact that Washington was a national leader in the exploitation of prison slave labor by private businesses.

PLN has broken stories on how corporations like Boeing, Microsoft, Eddie Bauer, Planet Hollywood, Starbucks and Nintendo, plus U.S. congressman Jack Metcalf, have all used prison slave labor to advance their interests. These stories were picked up by other media, increasing PLN’s exposure. While PLN continues to be the leader in reporting on prison slavery, my own views on the subject have changed. Influenced by the writings of Bruce Western, I came to realize the big story wasn’t the 5,000 prisoners who work for private companies or the 60,000 who work for prison industries – and those only because of the massive government subsidies that prison industries receive – but the 2.3 million prisoners who have been removed from the U.S. labor market completely.

In June 1992, I was transferred back to WSR where Ed and I could collaborate on PLN in person for the first time since the magazine started. I had been infracted by Clallam Bay prison officials in 1991 for reporting in PLN the racist beatings of prisoners by gangs of white guards. Unable to generate attention for the beatings themselves, my punishment for reporting the attacks generated front-page news in the Seattle Times. Eventually the disciplinary charges were dropped, but not before I had spent a month in a control unit for reporting the abuses. The presses kept rolling.

PLN Becomes a Magazine

On PLN’s third anniversary in May 1993, we made the big leap. We switched to offset printing instead of photocopying, and permanently expanded our size to 16 pages. PLN was no longer a newsletter; we were now a magazine. PLN had 600 subscribers.

In October 1993, Ed was finally paroled after spending 18 years in prison. The state parole board, no doubt unhappy at PLN’s critical coverage of their activities, imposed a “no felon contact” order on Ed. This meant Ed could have no contact, by mail or phone, with me or any other felon. The parole board made it very clear that this was for the purpose of preventing Ed’s involvement with PLN. If Ed were involved in publishing PLN in any way, he would be thrown back in prison.

The ACLU of Washington filed suit on our behalf to challenge the rule as violating Ed’s right to free speech as well as my own. In an unpublished ruling, Judge Robert Bryan in Tacoma dismissed our lawsuit, holding that it was permissible for the state to imprison someone for publishing a magazine while they were on parole. The Ninth Circuit Court of Appeals would eventually dismiss our suit as moot when, after three years on state parole, Ed was finally discharged from the parole board’s custody. In the meantime, Ed had tired of PLN as he had with his previous publishing efforts, and got on with his life and moved to California. Washington state prisoner Dan Pens was PLN’s co-editor from 1994 to 2001.

PLN switched to an East coast printer that offered significant savings over Seattle printers. This allowed PLN to expand to 20 pages. Within the year PLN was no longer being mailed by volunteers; our printer did the mailing for us.

In January 1996, PLN hired its first staff person, Sandy Judd. PLN’s needs and circulation had grown to the point that volunteers were simply unable to do all the work that needed to be done. With some 1,600 subscribers, data entry, layout, accounting and other tasks required full-time attention. In 2001, former Washington prisoner Don Miniken became PLN’s executive director. Sandy also returned as PLN’s data manager and layout person, and PLN began its employment of work study students and local volunteers for office tasks. Hans Sherrer, a former prisoner and expert on wrongful convictions, became PLN’s circulation manager until October 2004, when he went to work full-time for Justice Denied, a magazine specializing in wrongful convictions.

Our May 2010 issue marks PLN’s 20-year anniversary and 244th issue of publishing. We now have around 7,000 subscribers in all 50 states.

PLN goes into every medium and maximum security prison in the U.S. and many of the minimum security facilities and jails as well. PLN’s subscribers include prisoners, judges, lawyers, journalists, academics, prison and jail officials, activists and concerned citizens.

The bulk of each issue of PLN is still written by prisoners and former prisoners. In 1999, the Washington DOC banned correspondence between prisoners. The resulting breakdown in communication made coordinating PLN difficult, to say the least, between myself and PLN’s imprisoned contributing writers.

Upon my release in 2003, I was able to do a lot more in the way of research and advocacy as PLN’s editor than I had while imprisoned. In 2005 we were able to hire Alex Friedmann as PLN’s associate editor. Alex had been imprisoned in Tennessee when he first began writing for PLN in 1996 as a volunteer contributing writer. Alex’s invaluable skills as a researcher and editor vastly improved the content of PLN and the depth and breadth of our coverage.

My first day out of prison illustrates the transition from prisoner editor to non-prisoner editor. I was picked up at the Monroe Correctional Complex at 8:30 AM on December 16, 2003 by Don Miniken and Hans Sherrer, PLN’s executive director and circulation manager, respectively. By 10:30 AM we were in PLN’s Seattle office and I was learning to use the Internet and e-mail, my first experience with both. At noon we had lunch with Jesse Wing and Carrie Wilkinson, part of the McDonald, Hogue and Bayless legal team that successfully represented PLN in PLN v. Lehman, a censorship suit against the Washington DOC. At 2:30 PM I was back in PLN’s office doing a television interview with Fox News on prison slave labor. It hasn’t stopped since.

We would also like to thank all those people who have served on our board as first Prisoners’ Legal News and now as the Human Rights Defense Center over the years. Our current and former directors are: Dan Axtell, Rick Best, Bell Chevigny, Scott Dionne, Judy Greene, Tara Herivel, Sandy Judd, Ed Mead, Janie Pulsifer, Sheila Rule, Ellen Spertus, Peter Sussman, Silja Talvi, Bill Trine, Josephine Wigginton and Rollin Wright.

Over the years we have had a number of contributing writers across the country who contribute articles and reporting to PLN. Our first contributing writer was James Quigley, then a Florida prisoner, who began writing for PLN in 1995. James killed himself in a Vermont prison control unit in 2003. Our other contributing writers have included, in no particular order: Willie Wisely, Alex Friedmann, Matt Clarke, Mark Wilson, Julia Lutsky, Daniel Burton-Rose, Ronald Young, Mark Cook, Dan Pens, Rick Card, Bob Williams, Mike Rigby, Roger Smith, Lonnie Burton, Rabih Aboul Hosn, Floyd Spruyte, Gary Hunter, Rex Bagley, Roger Hummel, David Reutter, Robert Woodman, Sam Rutherford, Jimmie Franks, Brandon Sample, Justin Miller, Derik Limberg, John Dannenberg, Mike Brodheim and others. Our quarterly columnists have included attorneys John Midgley, Walter Reaves, Kent Russell and Dan Manville, and political prisoners Laura Whitehorn, Linda Evans, Marilyn Buck and Mumia Abu-Jamal. Denise Johnston contributed a column on incarcerated parents. Michael Cohen contributes a medical column. For stories that have required investigative follow-up, PLN has been able to count on excellent investigative reporters like Ken Silverstein, Jennifer Vogel, Daniel Burton-Rose, Silja Talvi, Ian Urbina, Leah Caldwell, Mark Dow, Peter Wagner, Anne Marie Cusac, Beau Hodai, Terry Allen, Christian Parenti, Alan Prendergast, Greg Dober, Lance Tapley, Jim Ridgeway and Todd Matthews, among others. This has helped PLN provide a wider spectrum of voices and deeper and better coverage of criminal justice issues, and helped us expand in size while continuously improving our quality.

Then there is the design of the magazine itself. Since we went to computerized layout in 1991 the magazine has been designed and laid out by: Ed Mead, Judy Bass, Dan Axtell, Sandy Judd, Thomas Sellman, Don Miniken and Lance Scott. Our printers have been Consolidated Printing in Seattle, Prompt Press in Camden, New Jersey and Oregon Lithograph in McMinnville, Oregon.

In 1998 Common Courage Press published our first book, The Celling of America: An Inside Look at the U.S. Prison Industry. Edited by Daniel Burton-Rose, Dan Pens and myself, the book is a PLN anthology. Celling of America lays out in one place the reality and politics of the prison industrial complex in the mid 1990s. Now in its third printing, the book has received critical acclaim and helped boost PLN’s profile. Between 1998 and 2000, I did a weekly radio show on KPFA’s Flashpoints program called “This Week Behind Bars.” The show aired on Fridays and consisted of news reports from PLN about what was happening in American prisons and jails. Hans Sherrer, Alex Friedmann and I have done hundreds of radio interviews on PLN’s behalf advocating for the rights of prisoners. In addition, PLN is frequently quoted on prison issues by other publications.

In 2003, Routledge Press published Prison Nation: The Warehousing of America’s Poor, a book edited by attorney Tara Herivel and myself that made the connection between mass imprisonment and under-funded indigent defense systems. Now in its third printing and winner of the 2003 Gustavus Myers Outstanding Book award, it has been well received.

In 2008, the New Press published Prison Profiteers: Who Makes Money from Mass Incarceration. An anthology edited by Tara Herivel and myself, in this volume we set out to explore who benefits from the U.S. policies of mass imprisonment that make the U.S. the world’s leader in putting people in prison.

This trilogy of PLN anthologies, spanning a decade, does an impressive job of laying out the political landscape of the 1990s that cemented the most repressive policies of mass imprisonment, the conveyor-belt judiciary that ensures poor people accused of a crime are more likely to wind up in prison than their wealthy counterparts accused of crimes, and the economic and political beneficiaries of these policies and who is harmed by them.

The Prison Legal News website, www.prisonlegalnews.org, is now the largest prison and jail news site on the Internet, with all PLN back issues in PDF format as they appeared when published, a searchable database with over 22,000 articles and 10,000 court cases, and a publications library and brief bank. It is the premier prison news and litigation research site. Our website receives over 100,000 visitors a month and is frequently cited as a resource and source of information by journalists, lawyers and courts, among others.

In addition to our printed and online publications, PLN has provided an extensive source of advocacy in the media, legislatures and the courts. Alex Friedmann and I regularly speak on the topic of prisoners’ rights at conferences, conventions and law schools. We do dozens of media interviews a year and provide background information on prison and jail topics to journalists and producers. Alex has testified before the U.S. Congress and state legislatures on prison-related topics. We have submitted comments to public agencies including the Federal Communications Commission, the National Prison Rape Elimination Commission and the Civil Rights Commission.

PLN remains unique in many respects. First, PLN is the only independent, uncensored nationally-circulated magazine edited and produced largely by prisoners and ex-prisoners anywhere in the U.S., if not the world. It is also the longest lived in U.S. history. Second, PLN is one of the few publications that offers a class-based analysis of the criminal justice system. No other publication has the depth and breadth of coverage of detention facility litigation and news that PLN does.

For the past twenty years PLN has relied almost exclusively on donations sent by subscribers. In recent years, advertising income has helped offset PLN’s costs as well. In 1998 PLN began distributing books with the release of our first anthology, The Celling of America. Our book list has expanded as a way to both augment our public education mission and provide prisoners with the means to help themselves, and to help contribute to PLN’s continued existence. Until PLN had to hire a staff person we operated on a break-even basis. As late as 1995, we were giving away up to 48% of our subscriptions to prisoners who could not, or claimed they couldn’t, afford to subscribe. With the expense of a staff person we had to dramatically limit the number of free subscriptions. Over the years PLN has received generous support from the Open Society Institute, the Public Welfare Foundation, the Sonya Staff Foundation, the Art Appreciation Foundation, the Solidago Foundation, Resist, AFSCME, the Southern Poverty Law Center and the Funding Exchange, all of which enabled PLN to grow and professionalize.

A free press doesn’t come cheap. Neither does free speech. From the very first issue to this day, PLN has been censored in prisons and jails across the country. In many cases we have been able to resolve censorship issues administratively. In cases where that was not possible, we filed suit and resolved the matter in court. The sidebar to this article gives a rundown on PLN’s extensive litigation history. Whether as a reflection of the times or a comment on PLN’s effectiveness, we are facing more attempts at censorship nationally than at any time in the past twenty years. PLN may well be the most censored publication in America.

PLN in the Next Decade

A question I have been asked is whether PLN is “successful.” Success is a relative term. When a French journalist asked Mao Tse-Tung in the 1960s if he thought the French Revolution in 1789 had been successful, Mao reportedly replied “It’s too soon to tell.” So too with PLN. The prison and jail population in the U.S. has more than doubled to well over 2.3 million people just in the time we have been publishing, and it continues to grow. By any objective standard, prison conditions, overcrowding and brutality are now far worse than at any time in the past 40 years. Draconian laws criminalize more behavior and impose harsher punishment in worse conditions of confinement than at any time in modern world history.

With 5 percent of the world’s population, the U.S. has 25% of the world’s prisoners. The legal rights of American prisoners are diminishing daily under coordinated attacks from conservative courts, yellow journalists and reactionary politicians. The corporate media and politicians alike thrive on a daily diet of sensationalized crime and prisoner bashing, while prisons and jails consume ever-increasing portions of the government budget to the detriment of everything else. The economic downturn has led some states to diminish their prison populations but nationally the number of prisoners continues to grow.

PLN has duly chronicled each spiral in this downward cycle of repression and violence. We have provided a critique and analysis of the growth of the prison industrial complex and have exposed the human rights abuses which are the daily reality of the American gulag at the beginning of this century. When some people purported to be shocked when the American torture chambers in Iraq were first exposed in the Abu Ghraib pictures, we could sadly point out that PLN had been reporting similar occurrences in American prisons since our inception in 1990, and still do. In that sense, I believe PLN has been successful. Even if we didn’t stop the evils of our time, at least we struggled against them and did the best we could under the circumstances. That we have managed to publish at all under these circumstances is a remarkable success. When I started PLN, I never thought I would be writing this retrospective twenty years later in the same magazine after being released from prison.

But not all is gloom and doom. PLN has helped stop some of the abuses that are legion in the American gulag. We have also borne witness to what is happening and duly documented it. Recent years have seen an increase in interest and support for prison issues and human rights in the United States. Many of PLN’s critiques of prison slave labor and other issues have been picked up and adopted by labor groups and even some elements of the corporate media. Our censorship litigation has helped secure the rights of prisoners and publishers alike in many states, and our public records litigation has helped to ensure government transparency.

I believe that ultimately PLN’s success will be measured by its usefulness to the prisoners, activists, journalists, attorneys and citizens who tried to make a difference for the better. We have tried our best to provide timely, accurate, helpful information that people can use in their daily struggle for justice. PLN also serves as a useful, contemporaneous account of prison issues for later historians.

The main obstacles that PLN faces are those faced by all alternative media in the U.S.: under-funding and the corresponding inability to reach more people with our message. Absent relatively (for PLN) large-scale funding from outside sources to do outreach work, this will continue to be a problem for the foreseeable future. The other primary problems facing PLN are prisoner illiteracy (depending on the state, between 40 to 70% of the prison population is functionally illiterate), and political apathy. Despite that situation, PLN has survived and steadily grown. The need that led to PLN’s creation has only increased.

Corporate media coverage of prison and criminal justice issues tends to be abysmal. Most media coverage is little more than press-release journalism. Input from prisoners or activists is rarely sought. Since its inception, PLN has ensured that the voices of class conscious prisoners are heard. We are proud of the fact that over the years many stories originally broken or developed by PLN have been picked up by other news sources, including the corporate media. We are heartened by the fact that prisoners in other states started similar publications to deal with their local issues. This includes Florida Prison Legal Perspectives, Southland News and Prison Information Network, among others.

After two decades of publishing it must be emphasized that PLN has always been very much a collective effort. PLN has had editors who bore the brunt of our captor’s displeasure for speaking truth to power, but the reality is that PLN would never have been possible if it were not for the many volunteers and supporters who have so generously donated their time, energy, skills, labor, advice and money. The cause of prisoner and human rights has never been very popular in this country. In today’s political climate it takes extraordinary courage and commitment to support a project like PLN.

The volunteers and employees, without whose support PLN would not exist today, include, in no particular order: Dan Axtell, Dan Tenenbaum, Rollin Wright, Zuraya Wright, Allan Parmelee, Judy Bass, Carrie Roth, Janie Pulsifer, Jim Smith, Jim McMahon, Scott Dione, Cathy Wiley, Ellen Spertus, Sandy Judd, Wesley Duran, the late Michael Misrok, Shannon Hall, the late Thomas Sellman, Linda Novenski, Jo Wigginton, Jennifer Umbehocker, Zina Antoskow, Martin and Rebecca Chaney, Bob Fischer, Latoya Anderson, Sue Hartman, Susan Schwartzkopf, Samual Schwartzkopf, Don Miniken, Mel Motel, Ryan Barnett, Sam Phillips, Sam Rutherford, Danielle Fuskerud, Christine McManich, Ron Podlaski, Zachary Phillips, Chris St. Pierre and many others.

The lawyers who have advised and represented PLN on matters as diverse as Internet law and censorship litigation over the years include, in no particular order: Bob Cumbow, Mickey Gendler, Bob Kaplan, Joe Bringman, Leonard Schroeter, Dan Manville, Rhonda Brownstein and the Southern Poverty Law Center, the Washington ACLU and the Oregon, Kansas, Colorado, Tennessee, Pennsylvania, Kansas & Western Missouri, Arizona and Nevada ACLUs, Mac Scott, Darren Nitz, David Fathi and the ACLU National Prison Project, Lee Tien and the Electronic Frontier Foundation, J. Patrick Sullivan, Randy Berg, Peter Siegel, Cullin O’Brien, Jognwon Yi, Darrell Cochran, Bruce Plenk, Max Kautsch, Alison Howard, Andy Mar, David Bowman, Jesse Wing, Tim Ford, Carrie Wilkinson, Sandy Rosen, Janet Tung, Janet Stanton, Susan Seager, Bill Trine, Alison Hardy, Marc Blackman, Frank Cuthbertson, Mike Kipling, Brian Barnard, Peter Schmidt, David Bowman, Don Evans, Michelle Earl Hubbard, Frank Kriedler, Andy Clarke, Hank Balson, Sarah Duran, Ernest Galvan, Ken Walczak, Amy Whelan, Blake Thompson, Elizabeth Eng, Steven Bonney, Ed Elder, Mara Verheyden Hilliard, Carl Messineo, Radhika Miller, Jeff Fogel, Steve Rosenfield, Scott Medlock, Elizabeth Cummings, Mary Howell, Brian Spears, Gerry Weber, Robert McDuff, Dan Pachoda, Howard Friedman, David Milton, Mary Catherine Roper, Denny Wong, Ari Krichevner, Najeeb Khoury, Andy Foster, Alicia Hickok, Rick Coe, and Sam Stiltner. I apologize if I have left anyone off this list of exceptional and dedicated attorneys.

Ultimately, the people who have contributed articles, donated money and subscribed are those who have made PLN possible today. Without all of these contributions to PLN’s collective effort – and there are far too many to name here – we would have met the fate of the vast majority of alternative publications: we would have folded within a year. Instead, we have lasted two decades.

In 2009 we changed the name of our non-profit to the Human Rights Defense Center to better reflect our activities. This includes book publishing. We published our first book last year, The Prisoners’ Guerrilla Handbook to Correspondence Programs in the U.S. and Canada. Written by Missouri prisoner Jon Marc Taylor and edited by PLN staff member Susan Schwartzkopf, it reflects our desire to publish and distribute self-help, non-fiction reference books that prisoners can use to help themselves. Our next book, The Habeas Citebook, by federal prisoner Brandon Sample, is in production now. We also added a staff attorney position and hired Dan Manville as our first general counsel to represent PLN in censorship litigation and selected catastrophic injury cases around the country. Prison Legal News the magazine is published as an HRDC project.

In March 2010 we closed our Seattle office and moved all HRDC operations to Brattleboro, Vermont, where I have been based since I was released from prison in 2003. We did this to cut costs and improve efficiency by consolidating our employees and operations in one location. Don Miniken, our executive director since 2001, stepped down and I have assumed that position.

Continued advocacy on behalf of prisoners and their families on all fronts and ensuring the right of prisoners to receive PLN are all daily projects for us. Expanding PLN’s book distribution list, further increasing PLN’s size to bring readers more news and information, and expanding our circulation are all goals for the immediate future. Going into the next decade, 21st century PLN will still be here, giving voice to the voiceless and providing the best news and analysis on prison and jail-related issues around.

Spread the word.

Tuesday, March 8, 2011

International Sex Workers' Rights Day: March 3, 2011.




In memory of Marcia Powell,
and all our other brothers and sisters dying out there...


--------------


SEX WORKERS and HUMAN RIGHTS
: Best Practices


Report on The United States of America 9th Round of the Universal Periodic Review – November 2010

1. This report is submitted by the Best Practices Policy Project, Desiree Alliance, and the Sexual Rights Initiative. It focuses on civil and human rights violations of those engaged, or perceived to be engaged, in sexual trade and sex work in the U.S.

Background and Context

2. People involved in sexual trade or sex work in the U.S. are found in a wide array of settings and circumstances; perform a variety of services; and communicate with clients through clubs, on the street, through newspapers, phonebooks, and the internet. They include people of all gender identities who work in clubs, in brothels, in their or other’s homes, in hotels, outdoors, and in other spaces. While sex work is generally stigmatized and aspects of it criminalized, street-based or outdoor workers, transgender or gender non-conforming people, people of color, migrants, and youth consistently bear a particularly heavy burden of police abuse and harassment, institutional discrimination, and violence.

3. Stigmatization of sex workers and those profiled as such in tandem with “zero-tolerance” policing in urban areas where poorer communities are being displaced, operate to ensure that these populations are disproportionately impacted by the prison system. Sex workers in these areas face additional burdens of police violence and abuse. Arrests for sex work can lead to a cycle of continued exclusion from housing and other job opportunities, and to re-imprisonment. Furthermore, because many forms of sex work in the U.S. are treated as a crime, law enforcement officials frequently fail to recognize that sex workers can be victims of crime, and thus deny justice or support to sex workers who seek their help.

Legal and Institutional Framework

4. Criminal prohibition of sex for money and surrounding activities exists in most states (with the exception of some counties in the state of Nevada). Some forms of sex work, such as exotic dancing, may not be prohibited by state legislation but they are always regulated by state and municipal policies. Sex work that occurs in public spaces is also often policed under legislation prohibiting loitering, public nuisance, trespassing or “failure to obey” a police officer’s directive to move along. More states in the U.S. are now mandating minimum sentences so that judges are required to give people convicted for prostitution-related offenses jail time and some states have sentencing guidelines and judicial practices which make a third charge for prostitution-related offenses a felony.

5. While the United States has only ratified a few of the major U.N. human rights treaties, (the Convention on the Elimination of All Forms of Racial Discrimination (CERD), International Covenant on Civil and Political Rights (ICCPR), the Convention against Torture (CAT), and the Convention on the Rights of the Child (CRC), these treaties have direct bearing on sex workers’ human rights. These include: the right to be free from discrimination; freedom from torture, cruel, inhuman and degrading treatment; the right to healthcare; and the right to equal protection under the law.

The Right to Equal Protection under the Law


6. Sex workers of color in the United States are disproportionately targeted by the police for arrest because of their minority status, violating the U.S. Constitution, international standards against discrimination and treaties such as CERD and ICCPR. Furthermore, people of color from the lowest income communities who do sex work in public spaces to meet their most urgent and immediate needs, are relentlessly and disproportionately targeted by the police. Arrest and subsequent conviction for prostitution and prostitution-related offenses intensifies the homelessness or housing precariousness experienced by people from low-income communities because people with criminal records are barred from accessing, or may lose, their public housing.

7. Transgender women, especially those of color, in the United States are profiled, targeted, harassed, cited and/or falsely arrested by the police as sex workers for simply walking outside. Male sex workers may be harassed by the police in part because of homophobia and women sex workers who are perceived to step outside of traditional female roles (e.g. by failing to be subservient) may be disproportionately targeted for arrest. Gender based discrimination against women and gender non-conforming people violating their right to equal protection under the law is reinforced by anti-prostitution legislation. For example, legislation enacting “Prostitution Free Zones,” areas in which police may move along and arrest people who they believe to be prostitutes, erode legal protections barring officers from detaining individuals on the basis of how they are perceived or the way they are dressed.

8. Another particularly discriminatory practice by state agents is sex offender registration of people convicted for sex work related offenses. In some parts of the U.S., these sex workers are registered as sex offenders for ten years and must carry an identification card with “sex offender” stamped on it, among other penalties. The majority of people sentenced this way are African-American and almost all are women and transgender women. They then face discrimination from employers, housing agents and are unable to qualify for education loans, making it impossible to secure even menial, low-wage work. Because they become completely shut out from other forms of work, many people who are registered as “sex offenders” have no other option but to continue in sex work, potentially returning to prison after subsequent arrests.

9. Many people engaged in sexual exchange, particularly street-based workers, face violence, including assault and rape, and numerous sex workers are murdered each year. The notion that sex workers are “disposable” may be the root cause of this violence. The legal establishment does not conceive that sexual workers can be sexually assaulted and may obstruct sex workers’ attempts to seek justice for crimes committed against them. Such violations of sex workers’ rights lead to a lack of faith in the State providing them with adequate promotion and protection of their lawful human rights, including protection from violence. Furthermore, sex workers fear further harm, humiliation, and/or arrest when turning to the authorities for assistance. Youth thought to be engaged in the sex trade face discrimination and neglect from a wide range of institutions, including hospitals, shelters, treatment centers, Child and Family Services agencies, and law enforcement agencies.

10. Migrant sex workers face the double burden of stigmatization for working in criminalized labor sectors and for their immigrant status. A portion of migrant sex workers are undocumented but even if migrants have correct immigration paperwork, engaging in sex work can both invalidate visas causing deportation and prevent entry into the United States. Anti-prostitution laws can therefore become a tool for immigration officials seeking to deport migrants: recently police have begun arresting large numbers of Latinas, charging them with prostitution related offenses leading to their deportation. When arrested or in court immigrants are often not provided with an interpreter, so they may be completely unaware of the charges brought against them and/or the need for attendance at follow up court dates significantly impacting on their access to criminal justice.

11. Misguided U.S. law and policy addressing trafficking in persons makes the lives of migrant sex workers more difficult. Migrant workers may be arrested, detained and subsequently deported in “raid and rescue” missions carried out by local law enforcement and federal immigration authorities. The current prosecution-oriented approach to anti-trafficking work in the US also traumatizes trafficked persons. People trafficked into the sex sector in the United States are forced to comply with law enforcement and endure possible “re-victimization” in order to get benefits and status. Migrant sex workers have become increasingly wary of service providers because of the operation of some anti-trafficking organizations that have provided information about work places to law enforcement authorities leading to raids, arrest and deportation. U.S. anti-trafficking policies undermine the health and rights of sex workers both domestically and internationally by requiring that organizations seeking funding adopt a policy against sex work (“anti-prostitution pledge”).

Freedom from torture, and other cruel, inhuman and degrading treatment

12. U.S. sex workers’ greatest fear is abuse by the police and other state agents. Organizations working with sex workers have documented a pattern of practice by police towards sex workers, which includes assault, sexual harassment and rape that constitutes torture and cruel, inhuman and degrading treatment. Street sex workers and other people who are often profiled as prostitutes (such as transgender women) are very frequently subjected to this kind of treatment. When sex workers seek recourse for crimes committed against them, officers do not take their reports seriously or may further violate these sex workers by arresting them, physically assaulting them or pressuring them for sex.

The Right to Adequate Health Care


13. Criminalization, marginalization and stigma prevent sex workers from enjoying their right to health by undermining their access to adequate health care and the conditions in which they live and work. The U.S. Government has failed to ensure adequate access to health services and support for sex workers. They are not provided with HIV prevention and education services that would help them protect their own health and the health of their customers. Furthermore, policing directly undermines sex workers’ ability to prevent the transmission of HIV and other sexually transmitted infections because of the widespread law enforcement practice of using condoms as evidence and/or destroying condoms and safe sex materials.

14. Sex workers in the United States are very unlikely to discuss their work with medical providers because of fears about how they will be treated in addition to their fears of the law. These fears are based on real lived experiences. Sex workers who approach police with severe injuries from violence perpetrated against them are routinely belittled and blamed for the attacks against them and are not escorted, or even referred, to emergency rooms. Further, individuals in medical facilities seeking care for injuries sustained from attacks against them who are profiled as sex workers have been accusatorily questioned by police prior to receiving medical care. Sex worker friendly services providers capable of addressing the full range of their health needs (reproductive health care, sexual health, counseling, assistance with domestic violence, etc) are few and far between in the United States and significantly under-funded. Many mainstream service providers are not prepared to understand sex workers’ needs; services for men in sex work are extremely limited.

Recommendations

The United States of America should:

15. Implement rigorous training of law enforcement officials on legal and human rights standards with regards to sex work. e.g. police training on issues relating to gender, race, ethnicity, age and addressing crimes that may be committed against sex workers including the importance of referring victims of crime to rape crisis and trauma support agencies.

16. Institute mechanisms that allow sex workers to find redress for human rights violations and hold law enforcement accountable for their actions, e.g. officers who subject sex workers to degrading treatment and abuse, must be subject to appropriate disciplinary procedures. Sex workers must be able to report police misconduct and violence while being protected from retaliation.

17. Repeal laws, including laws against prostitution and prostitution-related offenses, and eliminate policies, such as “zero tolerance” of prostitution, “prostitution free zones,” and “quality of life” measures, that undermine protection and respect for human rights of sex workers, people in the sex trade and other marginalized groups. Sex workers should also be able to expunge any criminal records relating to these laws.

18. Repeal the application of felony-level charges and mandatory minimum sentencing against people arrested for sex work and expunge the records of those arrested and charged under these laws.

19. Remove any and all sex offender registration requirements of those arrested for engaging in prostitution or “unnatural copulation,” and expunge the records of those arrested for sex work and charged under laws that mandate sex offender registration.

20. Change policies that prevent sex workers from applying for and/or receiving student loans and public housing.

21. Invest resources in education, job training, healthcare, and housing programs for marginalized people engaged in sex work and the sex trade. Specifically, funding for low-income communities and communities of color should be allocated to provide job training, education programs, apprenticeships, healthcare, and housing opportunities;

22. Provide funding for harm reduction and rights based health care services for male, female, and transgender sex workers. Lift all restrictions on federal funding for harm reduction programs.

23. Prohibit agencies that receive public funding from discriminating against people engaged in sex work or in the sex trade.

24. Immediately end the law enforcement practice of using possession of condoms and other safe sex supplies as evidence of a crime.

25. Provide comprehensive services and legal support for migrant sex workers, including language interpretation in the criminal justice system.

26. Reorient anti-trafficking campaigns to be in line with the standards set by the UN High Commissioner on Human Rights.

27. Repeal and remove “anti-prostitution pledge” requirements for U.S. Global AIDS Funds and anti-trafficking funds.

Wednesday, January 26, 2011

BAN AZ Legislative Update Jan 2011

Boarder Action Network
Legislative Update: January 17-21, 2011
By Jaime Farrant, Policy Director


I. Introduction: Governor Brewer Files a Budget that puts Arizona on the Verge of a Public Health and Moral Crisis



Governor Brewer announced her proposed budget for Arizona last Jan. 14. The budget dominated this week’s political discussion, given our state’s current financial situation: depending on the estimate, Arizona’s deficit ranges between 1 and 2 billion dollars. However, instead of proposing a budget that considers all available options to save costs and raise revenues for the state, the Arizona Capitol Times described it as one that “hinges on empathy from the federal government, surviving potential lawsuits and a $330 million accounting gimmick that may not be legal”. Governor Brewer’s main plan to reduce government spending is a $561 million cut to AHCCCS, the state’s health insurance program for the poor. The cuts will end coverage for approximately 280,000 people, most of them childless adults, parents of eligible children and elderly, blind and disabled patients. The Governor also proposed a $170 million cut to the university system. However, not all agencies suffered cuts. Governor Brewer requested $8.4 million to hire 100 new correctional officers this year, to be followed by 200 more over the next two years. She also requested a $50 million bond to cover needs at the state's 10 prison complexes.

Speaking of budget cuts, Senator Sylvia Allen (R-Dist. 5) stated to the Arizona Guardian that these will send the message that “we’ve got to preach to people to save up for their colonoscopy, to save up for their welfare visits, to put some money back into their lives and their own responsibilities for healthcare”. The Arizona Guardian also asked Senate President Russell Pearce whether it was realistic for low-income people to save the money necessary for doctor visits and exams. His response was simply "that's the way it used to be."

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II. Summary of Legislative Bills Filed and Discussed This Week

This was another busy week at the Legislature, with over 350 bills filed. As of the end of Thursday’s session, there are 756 bills before the 2 legislative bodies. Many of them will have a direct impact on Arizonans’ human rights, and on the direction this state takes. The following is a summary of several of these measures, with Border Action’s observations on them.

A. Measures Impacting Civil and Constitutional Rights and Public Justice

Some of the measures filed this week that impact civil and constitutional rights and our public justice system include:

1. HB 2444: Law Enforcement Officer Discipline. Rep. Steve Montenegro, R- Dist. 12. This measure prohibits filing disciplinary procedures against law enforcement officers if the investigation is not completed within 120 days after the employer received notice of the allegation. If disciplinary action is appropriate, the employer must give notice to the officer of intent to proceed with disciplinary action, along with a proposal of the specific action sought. The bill prohibits polygraph examinations in administrative procedures unless the law enforcement or probation officer and the employer agree to its administration. This measure has the effect of making it more difficult to hold law enforcement officers for inappropriate acts.

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B. Measures Impacting a Secure and Productive Border and Immigration Issues

On Thursday, January 20, the Senate’s Committee on Border Security, Federalism and States’ Sovereignty (chaired by Sylvia Allen, R-Dist. 5) held its first hearing. It began with Sen. Allen introducing the members, and then, by asking Cochise County Sheriff Larry Dever and Pinal County Paul Babeu to speak about their county’s law enforcement efforts. 

Sheriff Dever talked for almost 1 hour. He stated that, as a way to resolve immigration issues, “until they (referring to the undocumented) aren’t incarcerated for a long period of time, they’ll continue to come back”. He also declared that there are delegations across the country ready to file bills similar to SB 1070, and that if the federal government “thinks that this is going to die, they are incorrect”. He said that he is interested to see if the Department of Justice will sue other states that pass Arizona-inspired laws. 

Senator Allen asked Sheriff Dever if he would like for the legislature to pass a law that would create a border security voluntary group that would provide him “with more bodies to help”. He responded that if that was ever to happen, that “he would like to see them under the supervision of the sheriff.” He also criticized Border Patrol’s efforts, because they are “scattered and not holding the frontline”, and because of their policy of measuring success by their number of apprehensions, saying “that’s measuring how many fish are in the lake by the number of fish you catch”.

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1. HB 2537: Immigration Legislation Challenges. Rep. Kirk Adams, R-Dist. 19. This is the House version of SB 1117, which seeks to amend last year’s HB 2162 (passed to amend SB 1070) and authorize the Senate President or House Speaker to direct counsel to initiate legal proceedings or appear on behalf of their respective chambers or on behalf of the legislature in any challenge in a state or federal court to SB 1070 and any amendments to it. Border Action Network spoke at the Senate last week opposing SB 1117, questioning the need of a measure that grants a blank check to these 2 persons to spend taxpayer monies during these difficult economic times.

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C. Measures Impacting Employment and Workers Rights

1. HB 2263: Discrimination; Enforcement; Damages. Rep. Ed Ableser, D-Dist. 17. This bill seeks to increase the statute of limitations on filing employment discrimination charges to 2 years from 1 year. It also allows the recovering party in unlawful employment practice cases to recover punitive or compensatory damages under certain conditions. This is a positive measure that will help Arizona workers who are discriminated against.


2. HB 2271: Employment; Unlawful Termination; Family Responsibility. Rep. Ed Ableser, D-Dist. 17 (pictured right). This measure prohibits employers from firing or threaten to fire an employee for being notified by a school or law enforcement officer of an emergency regarding the employee's child or for leaving work to attend to the child's emergency, except in cases of excessive abuse of this protection.


3. HB 2367: Public Employees; Prohibited Negotiations. Rep. David Smith, R-Dist. 7. This measure prohibits the state and its political subdivisions from negotiating with a labor organization or employee association representing public employees about employee wages and benefits, hours of work, or other financial issues. This is a bill that seeks to further diminish labor unions’ ability to negotiate on behalf of their members in our state.


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D. Measures Impacting Education

1. HB 2505 – School pupils; lawful status; state aid. Rep. Carl Seel, R-Dist. 6; Sen. Russell Pearce, R-Dist. 18. This measure prohibits school districts and charter schools from counting children whose parents are unable to prove the child’s lawful presence in the US for purposes of determining average daily membership, the measure used to determine state funding to school districts and charter schools. This bill has the intent of forcing schools to turn away undocumented children from their schools, and an attempt to force a lawsuit to challenge the Supreme Court Decision of Plyler v. Doe, which established that all children in this country are entitled to a free public education.

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E. Measures Impacting Integration and Civic Participation

Representative Carl Seel (R-Dist 6, pictured left), filed various bills this week that attempt to eliminate the advances made by various groups throughout AZ during last year’s elections to increase voter participation, by making it harder for Arizonans to register to vote and by creating mechanisms to deter organizations from assisting in voter registration efforts. These measures are:

1. HB 2240: Voter Registration; Assistance; Notary. Mandates that voter registration forms include a space for the registrant to provide the name of any person who assisted the registrant, including the name of that person's organization, if any. It also establishes that the signature of the voter in permanent early voter request forms (“PEVL”) be notarized by a notary public. Voters already on the permanent early voting list must submit a notarized renewal within 2 years or their name will be removed. The paper record provided by an electronic voting system must be used in manual audits and recounts on electronic equipment that uses a touch screen system or that is usable with assistive devices.

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F. Measures Impacting Health Care

While we have a budget that seeks to cut health care services to over 280,000 persons, several other bills were filed this week that will impact health care in our state. These are:

1. SB 1214: Interstate Compact; Health Care. Sen. Silvia Allen R, Dist. 5 (pictured right). This measure seeks to create an inter-state agreement to aggressively oppose President Obama’s health care reform law signed in Congress last year. SB 1214 seeks to:


a. Prohibit governmental agencies from depriving any resident of any party of any party state of the rights and freedoms guaranteed under their respective current or anticipated health care freedom laws.


b. Prohibit government agencies from penalizing residents of these states.


c. Allow cooperation between signatory states that will allow criminal prosecutions of anyone who violates the health care freedom criminal laws of any party state. The measure defines these “health care freedom criminal laws” as any state law that makes it a crime for anyone to interfere with a resident’s enjoyment of the freedoms protected and guaranteed obey the state’s respective health care freedom laws”. These freedom laws, in turn, are laws by which persons’ have the “freedom to pay or not to pay directly for lawful health care services and to participate or not to participate in health care plans and health care systems.”


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G. Measures Impacting Fiscal Responsibility and Economic Development

There were several measures filed this week that should concern all of Arizona’s residents, particularly as our state struggles to correct its financial situation. They are:

1. SB 1210: Corporate Income Tax; Repeal. First Sponsor Sen. Lori Klein, R-Dist.6. This measure seeks to eliminate Arizona’s Revised Statutes (“ARS”) Chapter on Corporate Taxes effective December 31, 2011. It also instructs legislative council staff to prepare new legislation on this matter. Under this measure, Arizona’s corporations would not pay any income tax until a new corporate tax code is filed. Considering our state’s financial situation, this is an irresponsible measure that must be rejected.


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