9th Circuit on the ADA: Important AZ ruling for disabled prisoners

This ruling is really signifigant, since prisoners have virtually no rights afforded most laborers otherwise.

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Discrimination in Prison Job May Cost Arizona

Courthouse News
9/24/13
By TIM HULL

     (CN) - A private tomato farm that failed to accommodate a prisoner-worker's ankle injury may leave Arizona liable, the 9th Circuit ruled Tuesday.

     The Arizona Department of Corrections (ADC) provides convict labor to Eurofresh Inc., a huge greenhouse operation that grows about 200 million pounds of tomatoes every year. In exchange the company pays inmate-pickers about $2.25 per hour, much more than they can make from a job inside the prison.

     William Castle, who served time for theft and fraud but has since been released, secured a Eurofresh job in 2008, but soon found that the hard labor aggravated a previous ankle injury. He says he asked his supervisors to allow him to take breaks during his seven-hour shift, but they allegedly refused and later fired him.

     Castle sued Eurofresh, the ADC and several officials under the Americans with Disabilities Act and the Rehabilitation Act.

     A federal judge rejected the claims against Eurofresh because Castle was not an actual employee of the farm. As for the other claims, the court found that state officials had accommodated Castle's injury by giving him a job in the prison motor pool where he made about 50 cents an hour.

     The 9th Circuit partly reversed Tuesday, finding that the state may be liable under the ADA. The three-judge appeals panel agreed that Eurofresh has no part in the action because Castle was technically not its employee. Rather, "his labor belongs to the state of Arizona, which put him to work at Eurofresh in order to comply with its statutory obligations."

     As such, the state cannot so easily escape the claims, according to the ruling.

     "The state defendants admit that ACI [Arizona Correctional Industries] contracts with Eurofresh to provide 'benefits' to state inmates, including paid labor and vocational training," Judge Marsha Berzon wrote for the unanimous panel. "The state defendants are free to enter into such contracts, and likely reap numerous benefits from such arrangements. But one benefit state defendants may not harvest is immunity for ADA violations: state defendants are obligated to ensure that Eurofresh - like all other state contractors - complies with federal laws prohibiting discrimination on the basis of disability."

     The panel remanded the case for a hearing on whether the state defendants violated the ADA.

     In a concurrence, Judge Marsha Berzon wrote that, while precedent required her to agree to dismiss Eurofresh, she did so only reluctantly. She argued that whole system is less than ideal.

     "Permitting private employers to escape ... costs while profiting from the use of prison labor markets undermines the enforcement of the statutory requirements generally, by creating incentives for competing employers to shirk compliance with regard to non-prison labor - and thereby economically disadvantaging competitors of those employers using prison labor," she wrote. 

ASPC-Lewis 2013 uprising: STRIKE!!!

APRIL 17 UPDATE: (this anonymous DOC worker had some caustic things to say about prisoners in addition to this account of the Morey strike, but I have no reason to doubt his version of events. It's consistent with a couple of other things I've heard of late, too...)

if anyone knows more, please contact Peggy at 

480-580-6807 or

 arizonaprisonwatch@gmail.com.

"The  disturbance at the Morey Unit on 04/09/2013 happened because the kitchen crew was replaced. The kitchen crew was warned on no less than five occasions that if equipment kept being damaged... they would be replaced. The damaging of the ice machine (which only benefits the inmates) was proverbially the last straw. The Morey inmate leaders were informed that the kitchen crew were being replaced by lower security level GP inmates from the Bachman kitchen, and that they were not PC (protective custody) inmates. This happened days before said disturbance.

The disturbance started when inmates refused to exit the chow hall so the next house could eat. Ex-Morey kitchen workers stirred things up by claiming that the replacement kitchen workers (you called them scabs?) were PC inmates. The kitchen workers were locked in a storage room by a CO for their own safety. At this point inmates semi rioted, tearing apart what they could of the chow hall and outer building area. Chemical agents and canines were brought in to quell the situation. Some staff were injured, but it was minor..."

 

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originally published April 9, 2013:

The following narrative of the AZ DOC's version of what's happening in our prisons was hardly on par with the AZ Republic's otherwise thoughtful treatment of prison issues, and doesn't even acknowledge other recent such prison "disturbances" http://arizonaprisonwatch.blogspot.com/2012/09/aspc-tucsonsanta-rita-september-prison.html and all out race riots of late http://azprisonsurvivors.blogspot.com/2013/03/aspc-tucsonwhetstone-race-riot-update.html. 

Hmm. I certainly wonder why the prisoners are protesting so loudly - especially since they don't seem to be fighting each other this time and have apparently turned their frustrations against the state.

Maybe prisoners are tired of the AZ DOC medical staff leaving their peers to die in agony, like Tony Lester, http://azprisonsurvivors.blogspot.com/2013/02/deaths-in-custody-watching-tony-die.html Anthony Brown http://arizonaprisonwatch.blogspot.com/2013/04/the-ghosts-of-jan-brewer-anthony-brown.html Ferdinand Dix http://azprisonsurvivors.blogspot.com/2012/02/aspc-tucson-deaths-in-custody-ferdinand.html and Brenda Todd were http://arizonaprisonwatch.blogspot.com/2011/01/death-of-brenda-todd.html

Or maybe it's all the suicides http://azprisonsurvivors.blogspot.com/search?q=suicide+arizona+corrections and the abuse of mentally ill prisoners they're upset about http://freemarciapowell.blogspot.com/2010/09/marcia-powell-no-human-involved-appeal.html . Or maybe its the overall indifference to human life that underlies the class action suit about gross medical and psychiatric neglect http://azprisonsurvivors.blogspot.com/2013/02/suing-arizona-parsons-v-ryan-should-be.html

Of course, it could be the murders and gang violence the prisoners are tired of...http://azprisonsurvivors.blogspot.com/2012/10/az-doc-resisting-violence.html or maybe the proliferation of heroin and all the overdoses...http://azprisonsurvivors.blogspot.com/2012/06/ortega-prisons-their-drugs-and-our-dead.html

Could also be the plans to build a new Supermax prison http://arizonaprisonwatch.blogspot.com/2013/03/stop-brewers-supermax-dungeons-hardly.html... 

Really, it could be a lot of things, I guess - prisoners are dropping dead for unknown reasons http://arizonaprisonwatch.blogspot.com/2012/06/ortega-why-so-many-prisoners-dead.html and some are coming down with bizarre illnesses, like botulism http://arizonaprisonwatch.blogspot.com/2012/11/az-doclightning-strikes-twice-botulism.html And the body count keeps growing... http://arizonaprisonwatch.blogspot.com/2012/08/art-of-resistance-justice-day-action-at.html

If you decide to file grievances instead, guys, here's a little help...

http://azprisonsurvivors.blogspot.com/2013/02/arizona-prison-watch-newsletter.html

Write to me if you want to expose prison abuse and neglect, too! 

Arizona Prison Watch

PO Box 20494 

Phoenix AZ 85036

from the AZ Republic, a sadly superficial report coming a day late and a dollar short...

Official: ‘Chemical agent’ halts uproar at Buckeye prison

By Craig Harris  

The Republic | azcentral.com  

Wed Apr 10, 2013 10:42 PM

A “chemical agent” like pepper spray was used by correctional officers to quell a disturbance this week involving approximately 40 inmates at the Arizona State Prison Complex-Lewis in Buckeye, an Arizona Department of Corrections spokesman confirmed.

Bill Lamoreaux, the department’s spokesman, said the inmates refused to leave the dining hall in the Morey Unit and began to damage property after 8 a.m. Tuesday.

The disturbance lasted about five minutes. Lamoreaux said the inmates were brought under control, cuffed and taken away.

Minor injuries were suffered by an undisclosed number of staffers and inmates, Lamoreaux said.

The Arizona Republic and 12 News were first notified of the incident by a confidential source who said a riot had occurred. Lamoreaux said the source’s characterization was untrue.

ALEC, prison labor, and slavery...

from the Oakland Museum of CA
Royal Chicano Air Force ~ workshop

Committee to Abolish Prison Slavery

1977

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Great post below by one of our Phoenix Urban Health Collective medics from her site "Blogging Aimlessly: Musings from the Sonoran Desert and elsewhere"

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Slavery: Alive and Well in the US, Sponsored by ALEC

Amy McMullen

DECEMBER 8, 2011 12:49PM

"The 13th Amendment, when it abolished slavery, did so except for convicts. Through the prison system, the vestiges of slavery have persisted." ~ Angela Davis

Every now and then we get a piece of information that makes us sit up and take notice. My moment came recently when reading up on prison labor in the United States.

We all know that prisoners work while they are incarcerated. Aside from the familiar task of making license plates, there are still chain gangs employed throughout the south and several states have explored the use of prison labor to work the agricultural fields after Latino immigrants fled the tough immigration laws enacted in some southern states, namely Georgia and Alabama.

We may also know that prisoners are often paid, albeit very little money for their labor. But how many realize that that by nature of being in prison, as mandated by our Constitution, prisoners could be compelled or even forced to work and that payment is entirely optional?

And how many of us know that our Constitution specifically states that prisoners are slaves?

Yes, slaves.

The Thirteenth Amendment was enacted to end slavery in this country but what most people do not realize is that it never ended slavery for those who are incarcerated. The language is very clear in Section 1 (emphasis mine):

“Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”

Those are chilling words to read in what most of us hold up to be an infallible document—the highest law of the land. Even more disturbing is that this Amendment was used to carry on the legacy of slavery in the south in a most horrible fashion long after the Civil War was over and, it can be argued, is still being used to justify slave labor today.

An overlooked part of our history is that the southern states capitalized on the prison slavery loophole in the Thirteenth Amendment for many years when they incarcerated and farmed out as prison labor vast numbers of mostly African Americans during the Convict Lease System, which was in place from 1846 to 1928.

Under the Convict Lease System, southern blacks were arrested for minor “crimes," such as vagrancy, and were imprisoned in a hugely corrupt, violent and unjust system of forced labor for private businesses, including plantation owners and railroad and coal mining companies. As the writer Douglas A. Blackmon wrote of the system:

"It was a form of bondage distinctly different from that of the antebellum South in that for most men, and the relatively few women drawn in, this slavery did not last a lifetime and did not automatically extend from one generation to the next. But it was nonetheless slavery – a system in which armies of free men, guilty of no crimes and entitled by law to freedom, were compelled to labor without compensation, were repeatedly bought and sold, and were forced to do the bidding of white masters through the regular application of extraordinary physical coercion."

Finally, in 1928 after a highly publicized death by flogging of a young man named Martin Tabert-- a slave convict whose original crime was riding a freight train-- the Convict Lease System was dismantled, not because of a change to the Constitution, but because it became politically untenable to allow it to continue.

But profiting off of prison labor has never gone away and now, thanks to ALEC (the American Legislative Exchange Council – an organization of global corporations and legislators who meet behind closed doors to write laws to benefit corporations) it is now once again the status quo to take financial advantage of US prison labor.

Through cleverly worded ALEC sponsored legislation, namely the Prison Industries Enhancement Certification Program and the Prison Industries Act, state, federal and private prisons can use prisoners to labor in many different jobs to bring in more money to support the prison and, in the case of private prisons, to increase the corporation’s bottom line.

Companies hiring prison labor through ALEC-created laws pay minimum wage but the prisons deduct large portions of these wages for not only incarceration costs, but to go towards profits and building new prisons while they often give the prisoners just pennies per hour for their work.

This, coupled with other prison-friendly ALEC legislation such as Arizona’s immigration law, SB1070, the “Three Strikes” laws as well as the infamous “War on Drugs," serves to increase incarceration rates so as to guarantee a large involuntary “workforce." Along with a push by right wing governors like Scott Walker of Wisconsin to demolish union held public sector jobs and replace them with prison labor, we’re seeing a very ominous turn of events happening:

It’s known as the Prison Industrial Complex and it’s a multi-billion dollar industry.

It’s also a fact that the prison system is inherently racist in its makeup. As law professor and writer Michelle Alexander has famously noted in her pivotal book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness, there are now more African Americans in prison and on parole than were slaves in 1850. This is yet another indication that slavery, in a disturbing manifestation of its old form, is still very much alive and well.

Another throwback to slavery is the fact that convicted felons also have their right to vote taken away. Even those who have done their time and paid their price to society often never fully regain their civil rights and 5.3 million people in the USA remain disenfranchised today.

Some may be under the impression that prison labor is voluntary but this isn’t true in many places. The law in various states requires all able bodied prisoners to work and some say that they are compelled to work punishing hours even if they are unable, as is anecdotally evidenced in this letter from a female inmate who was forced to work in the fields of Martori Farms in Arizona :

“Ok it’s about my job. I work on a work crew for Martori Farms. We work 6 days a week for 8 hrs. It’s a mandatory overtime job. We work the fields hoeing weeds and thinning plants currently until it’s harvest time then it will be 12 hrs a day. It’s insane. Currently we are forced to work in the blazing sun for 8 hrs. Many times we run out of water several times a day. We ran out of sunscreen several times a week. They don’t check medical backgrounds or ages before they pull women for these jobs. Many of us cannot do it! And if we stop working and sit on the bus or even just take an unauthorized break we get a MAJOR ticket which takes away our “good time”!"

While the defenders of prison labor legislation may argue that this type of forced work builds a strong work ethic in criminals I would counter that slave labor is never good labor. If prisoners want to work then it should be voluntarily and they should be paid a fair wage, not forcibly compelled to be income generators for those who have incarcerated them. Furthermore, any system that incentivizes locking people up for profit to get cheap exploitable labor is inherently evil. Period.

It’s considered bad practice and immoral to import goods made with slave labor from other countries. There are often boycotts enacted against products like chocolate or Indian rugs that are known to utilize slaves in their production. Given this, I’m sure most would be shocked to hear that we have legalized slavery in our prison systems and that products created right here at home may be slave-produced—everything from breaded chicken patties to guided missile parts to office furniture. How is it that we’re disgusted and repelled when we hear that China uses prison slave labor and yet we ignore it when it happens on our own soil?

Lacking a change to the Constitution (something that is never easy to do) the only recourse we have against prison slavery is through the court of public opinion. There is one argument out there that private prisons’ use of captive labor to fatten their coffers may not be Constitutional after all but that’s a case that has yet to be made before the Supreme Court.

One thing I do know is that it’s time to wake up to the fact that our flawed Thirteenth Amendment has allowed corporations to reinstate their version of a Convict Lease System in order to accumulate vast wealth for those at the very top.

Because of ALEC-created laws that are designed to incarcerate more and more people and our failed War on Drugs, we now shamefully have the largest prison population in the entire world, over 2.2 million human beings. These are people who are nothing more than slaves.

And that’s just wrong.

“For private business, prison labor is like a pot of gold. No strikes. No union organizing. No health benefits, unemployment insurance or workers’ compensation to pay. No language barriers, as in foreign countries. New leviathan prisons are being built on thousands of eerie acres of factories inside the walls. Prisoners do data entry for Chevron, make telephone reservations for TWA, raise hogs, shovel manure, make circuit boards, limousines, waterbeds, and lingerie for Victoria’s Secret—all at a fraction of the cost of “free labor”

~quote from Eve Goldberg and Linda Evans from Masked Racism: Reflections of the Prison Industrial Complex by Angela Davis

The Nation: ALEC and Prison Labor

The Hidden History of ALEC and Prison Labor

The Nation
Mike Elk and Bob Sloan
August 1, 2011

This article is part of a Nation series exposing the American Legislative Exchange Council, in collaboration with the Center For Media and Democracy. John Nichols introduces [1] the series.

The breaded chicken patty your child bites into at school may have been made by a worker earning twenty cents an hour, not in a faraway country, but by a member of an invisible American workforce: prisoners. At the Union Correctional Facility, a maximum security prison in Florida, inmates from a nearby lower-security prison manufacture tons of processed beef, chicken and pork for Prison Rehabilitative Industries and Diversified Enterprises [2] (PRIDE), a privately held non-profit corporation that operates the state’s forty-one work programs. In addition to processed food, PRIDE’s website reveals an array of products for sale through contracts with private companies, from eyeglasses to office furniture, to be shipped from a distribution center in Florida to businesses across the US. PRIDE boasts that its work programs are “designed to provide vocational training, to improve prison security, to reduce the cost of state government, and to promote the rehabilitation of the state inmates.”

Although a wide variety of goods have long been produced by state and federal prisoners for the US government—license plates are the classic example, with more recent contracts including everything from guided missile parts to the solar panels powering government buildings—prison labor for the private sector was legally barred for years, to avoid unfair competition with private companies. But this has changed thanks to the American Legislative Exchange Council (ALEC), its Prison Industries Act, and a little-known federal program known as PIE (the Prison Industries Enhancement Certification Program [3]). While much has been written about prison labor in the past several years, these forces, which have driven its expansion, remain largely unknown.

Somewhat more familiar is ALEC’s instrumental role in the explosion of the US prison population in the past few decades. ALEC helped pioneer some of the toughest sentencing laws on the books today, like mandatory minimums for non-violent drug offenders, “three strikes” laws, and “truth in sentencing” laws. In 1995 alone, ALEC’s Truth in Sentencing Act [4] was signed into law in twenty-five states. (Then State Rep. Scott Walker was an ALEC member when he sponsored Wisconsin's truth-in-sentencing laws and, according to PR Watch, used its statistics to make the case for the law.) More recently, ALEC has proposed innovative “solutions” to the overcrowding it helped create, such as privatizing the parole process through “the proven success of the private bail bond industry,” as it recommended in 2007. (The American Bail Coalition is an executive member of ALEC’s Public Safety and Elections Task Force.) ALEC has also worked to pass state laws to create private for-profit prisons, a boon to two of its major corporate sponsors: Corrections Corporation of America and Geo Group (formerly Wackenhut Corrections), the largest private prison firms in the country. An In These Times investigation [5] last summer revealed that ALEC arranged secret meetings between Arizona’s state legislators and CCA to draft what became SB 1070, Arizona’s notorious immigration law, to keep CCA prisons flush with immigrant detainees. ALEC has proven expertly capable of devising endless ways to help private corporations benefit from the country’s massive prison population.

That mass incarceration would create a huge captive workforce was anticipated long before the US prison population reached its peak—and at a time when the concept of “rehabilitation” was still considered part of the mission of prisons. First created by Congress in 1979, the PIE program was designed “to encourage states and units of local government to establish employment opportunities for prisoners that approximate private sector work opportunities,” according to PRIDE’s website. The benefits to big corporations were clear—a “readily available workforce” for the private sector and “a cost-effective way to occupy a portion of the ever-growing offender/inmate population” for prison officials—yet from its founding until the mid-1990s, few states participated in the program.

This started to change in 1993, when Texas State Representative and ALEC member Ray Allen crafted the Texas Prison Industries Act, which aimed to expand the PIE program. After it passed in Texas, Allen advocated that it be duplicated across the country. In 1995, ALEC’s Prison Industries Act was born.

This Prison Industries Act as printed in ALEC’s 1995 state legislation sourcebook, “provides for the employment of inmate labor in state correctional institutions and in the private manufacturing of certain products under specific conditions.” These conditions, defined by the PIE program, are supposed to include requirements that “inmates must be paid at the prevailing wage rate” and that the “any room and board deductions…are reasonable and are used to defray the costs of inmate incarceration.” (Some states charge prisoners for room and board, ostensibly to offset the cost of prisons for taxpayers. In Florida, for example, prisoners are paid minimum wage for PIE-certified labor, but 40 percent is taken out of their accounts for this purpose.)

The Prison Industries Act sought to change this, inventing the “private sector prison industry expansion account,” to absorb such deductions, and stipulating that the money should be used to, among other things: “construct work facilities, recruit corporations to participate as private sector industries programs, and pay costs of the authority and department in implementing [these programs].” Thus, money that was taken from inmate wages to offset the costs of incarceration would increasingly go to expanding prison industries. In 2000, Florida passed a law that mirrored the Prison Industries Act and created the Prison Industries Trust Fund, its own version of the private sector prison industry expansion account, deliberately designed to help expand prison labor for private industries.

The Prison Industries Act was also written to exploit a critical PIE loophole that seemed to suggest that its rules did not apply to prisoner-made goods that were not shipped across state lines. It allowed a third-party company to set up a local address in a state that makes prison goods, buy goods from a prison factory, sell those products locally or surreptitiously ship them across state borders. It helped that by 1995 oversight of the PIE program had been effectively squashed, transferred from the Department of Justice’s Bureau of Justice Assistance [6] to the National Correctional Industries Association [7] (NCIA), a private trade organization that happened to be represented by Allen’s lobbying firm, Service House, Inc. In 2003, Allen became the Texas House Chairman of the Corrections Committee and began peddling the Prison Industries Act and other legislation beneficial to CCA and Geo Group, like the Private Correctional Facilities Act [8]. Soon thereafter he became Chairman of ALEC’s Criminal Justice (now Public Safety and Elections) Task Force. He resigned from the state legislature in 2006 while under investigation for his unethical lobbying practices. He was hired soon after as a lobbyist for Geo Group.

Today’s chair of ALEC’s Public Safety and Elections Task force is state Representative Jerry Madden of Texas, where the Prison Industries Act originated eighteen years ago. According to a 2010 report from NCIA, as of last summer there were "thirty jurisdictions with active [PIE] operations." These included such states as Arizona, Arkansas, California, Colorado, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Louisiana, Maine, Maryland, Minnesota, and twelve more. Four more states are now looking to get involved as well; Kentucky, Michigan and Pennsylvania have introduced legislation and New Hampshire is in the process of applying for PIE certification. Today these state’s legislation are based upon an updated version of the Prison Industries Act [9], which ALEC amended in 2004.

Prison labor has already started to undercut the business of corporations that don’t use it. In Florida, PRIDE has become one of the largest printing corporations in the state, its cheap labor having a significant impact upon smaller local printers. This scenario is playing out in states across the country. In addition to Florida's forty-one prison industries, California alone has sixty. Another 100 or so are scattered throughout other states. What's more, several states are looking to replace public sector workers with prison labor. In Wisconsin Governor Walker’s recent assault on collective bargaining opened the door to the use of prisoners in public sector jobs in Racine, where inmates are now doing landscaping, painting, and other maintenance work. According to the Capitol Times, “inmates are not paid for their work, but receive time off their sentences.” The same is occurring in Virginia, Ohio, New Jersey, Florida and Georgia, all states with GOP Assembly majorities and Republican governors. Much of ALEC’s proposed labor legislation, implemented state by state is allowing replacement of public workers with prisoners.

“It’s bad enough that our companies have to compete with exploited and forced labor in China,” says Scott Paul Executive Director of the Alliance for American Manufacturing, a coalition of business and unions. “They shouldn’t have to compete against prison labor here at home. The goal should be for other nations to aspire to the quality of life that Americans enjoy, not to discard our efforts through a downward competitive spiral.”

Alex Friedmann, associate editor of Prison Legal News, says prison labor is part of a “confluence of similar interests” among politicians and corporations, long referred to as the “prison industrial complex.” As decades of model legislation reveals, ALEC has been at the center of this confluence. “This has been ongoing for decades, with prison privatization contributing to the escalation of incarceration rates in the US,” Friedmann says. Just as mass incarceration has burdened American taxpayers in major prison states, so is the use of inmate labor contributing to lost jobs, unemployment and decreased wages among workers—while corporate profits soar.

HUFFPOST's Salute to Martori Farms.

This popped up in the Huffington Post blogs...just a little background to the WalMart / Martori Farms relationship with prison labor.

Resistance Alley, Phoenix

June 3, 2011

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"I Ain't Gonna Work On Martori's Farm No More"

Al Norman founder of Sprawl-Busters
HUFFPOST Business
Posted: 06/29/11 02:18 PM ET

For the past 20 years, Wal-Mart has fed its stores with agricultural produce from a company called Martori Farms. According to Hoover's profile of the company, Martori is "a fruit and vegetable grower, packer, shipper, and wholesaler and is the largest commercial agricultural company in Arizona.

The agra business was "hand-picked" by Wal-Mart, and in 2007, the giant retailer showcased Martori Farms as part of its "Salute To America's Farmers" program. The Martori farm operations took seed in the 1930s Arizona soil, later specializing in melons and broccoli. The company today has 3 major locations in Arizona, and one site in California. One of its holdings contains more than 15,000 arcres of farmland.

Wal-Mart has described its relationship with Martori Farms as an example of "fruitful collaboration." The retailer's first 35 superstores were stocked with organic cantaloupes from Martori Farms. "Our relationship with Martori Farms is an excellent example of the kind of collaboration we strive for with our suppliers," a Wal-Mart spokesman said four years ago. "Wal-Mart buys more United States agricultural products than any other retailer in the world and we're proud to salute American farmers like Martori Farms."

But new allegations about the use of prison labor at the Scottsdale, Arizona-based Martori Farms could blight the fruitful relationship between the retailer and the farmer.

For almost 20 years, Wal-Mart has had a clear policy forbidding the use of prison labor by its vendors. "Since 1992 Wal-Mart has required its supplier-partners to comply with a stringent code of conduct," Wal-Mart said in a 1997 press statement. "This code requires factories producing merchandise for Wal-Mart to be automatically denied manufacturing certification if inspections reveal...evidence of forced or prison labor."

The Arizona Department of Corrections (ADC) has supplied prisoner labor for private agricultural businesses for almost 20 years. For at least the last four years, the state of Arizona has fined employers who knowingly hire undocumented workers. Farmers responded by calling up the ADC for workers. "We are contacted almost daily by different companies needing labor," the manager of the business development unit of Arizona Correctional Industries (ACI) told the Christian Science Monitor in 2007. "Maybe it was labor that was undocumented before, and they don't want to take the risk anymore because of possible consequences, so they are looking to inmate labor as a possible alternative.

One of those businesses that turned to prison labor was Wal-Mart's vendor, Martori Farms. According to a disturbing story published June 24th by Truth-Out.org, Martori Farms "pays its imprisoned laborers two dollars per hour, not including the travel time to and from the farm." Women from the Arizona state prison complex at Perryville Unit are assigned to work at Martori Farms." Arizona law requires that all able bodied inmates work.

One of the women prisoners at Martori Farms told Truth-Out: "We work eight hours regardless of conditions .... We work in the fields hoeing weeds and thinning plants ... Currently we are forced to work in the blazing sun for eight hours. We run out of water several times a day. We ran out of sunscreen several times a week. They don't check medical backgrounds or ages before they pull women for these jobs. Many of us cannot do it! If we stop working and sit on the bus or even just take an unauthorized break we get a MAJOR ticket which takes away our 'good time'!!! We are told we get 'two' 15 minute breaks and a half hour lunch like a normal job but it's more like 10 minutes and 20 minutes. They constantly yell at us we are too slow and to speed up because we are costing $150 an acre in labor and that's not acceptable... In addition, the prison has sent women to work on the farms regardless of their medical conditions."

Wal-Mart's focus on labor conditions has basically been in Third World producer nations, not on domestic shores. In 1997, Wal-Mart wrote: "The issue of global sourcing and factory conditions is very important to Wal-Mart and to our suppliers. Since 1992, we have spent enormous amounts of time and money to assure compliance with our standards and there has been much improvement."

Yet here in America, prisoners are working under intolerable conditions picking produce for Wal-Mart superstores. In its Standards for Suppliers, Wal-Mart acknowledges that "the conduct of Wal-Mart's suppliers can be attributed to Wal-Mart and its reputation." If for no other reason than to protect its reputation, Wal-Mart should take immediate action against Martori Farms. Such actions should include:

1. an unannounced inspection of working conditions at Martori Farms by an independent auditor

2. enforcement of the Wal-Mart's own Conditions for Employment, including fair compensation of wages and benefits which are in compliance with the local and national laws, reasonable employee work hours in compliance with local standards, with employees not working in excess of the statutory requirements without proper compensation as required by applicable law.

As long as Wal-Mart allows Martori Farms to exploit its prison workers, Wal-Mart is complicit in the scheme. This arrangement violates the company's ethical sourcing standards. Such working conditions are not right in Sri Lanka, not right in Bangladesh, and they are not right in Scottsdale Arizona either.

The next time you squeeze a melon at Wal-Mart, think about the prison farmworkers who got squeezed to produce it.

Wal-Mart's Global Ethics Office can be emailed at ethics@wal-mart.com.

Al Norman is the founder of Sprawl-Busters, and is the author of organizer's classic big box story, Slam-DunkingWal-Mart.

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Anarchist Artwalk
Resistance Alley, Phoenix
June 3, 2011

Wal Mart, Women's Resistance, and Martori Farms

I've posted here and there already about Martori Farms and the news I was receiving from Perryville prisoners regarding the work conditions, but Vikki Law managed to unpack it, put it all into the larger context of women's resistance, and make sense of the women's complaints in a way I hadn't quite been able to. So, for those of you interested in the Martori Farms prison labor situation here in Aguila, Arizona, this is the best summary we have of it. If you're interested in doing some organizing around these issues, please contact Vikki Law, as she's picking up the slack on this while I'm out with family matters. Vikki compiles the zine Tenacious for women prisoners, and can be reached at: Victoria Law PO Box 20388 Tompkins Square Station New York, NY 10009 or e-mail: vikkimL@yahoo.com She's on-line at her blog: Resistance Behind Bars, and you can order her book about women's resistance to the prison industrial complex through PM Press. Thanks again for this, Vikki...and to Truth-out for putting it up there. ------------------------ Martori Farms: Abusive Conditions at a Key Wal-Mart Supplier Friday 24 June 2011 by: Victoria Law Truthout | News Analysis (Photo: Walmart / Flickr) In 1954, an 18-year-old black woman named Eleanor Rush was incarcerated at the state women's prison. She was placed in solitary confinement for six days. On the seventh day, Rush was not fed for over 16 hours. After 16 hours, she began yelling that she was hungry and wanted food. In response, the guards bound and gagged her, dislocating her neck in the process. Half an hour later, Rush was dead. The next morning, when the other women in the prison gathered in the yard, another woman in the solitary confinement unit yelled the news about Rush's death from her window. The women in the yard surrounded the staff members supervising their activities and demanded answers about Rush's death. When they didn't get them, the women - both the black and the white women - rioted. The riot lasted three and a half hours, not stopping until Raleigh, North Carolina, police and guards from the men's Central Prison arrived. The women's riot brought outside attention to Rush's death. As a result: The State Bureau of Investigation ordered a probe into Rush's death rather than believing the prison's explanation that Rush had dislocated her own neck and committed suicide. Until that point, nothing in the prison rules explicitly prohibited the use of improvised gags. After the riot and probe, the State Prisons director explicitly banned the use of gags and iron claws (metal handcuffs that can squeeze tightly). The prison administration was required to pay $3,000 to Rush's mother. At that time, $3,000 was more than half the yearly salary of the prison warden. The prison warden, who had allowed Rush to be bound and gagged, was replaced by Elizabeth McCubbin, the executive director of the Family and Children's Service Agency. Her hiring indicated a shift from a punitive model toward a more social service/social work orientation. The women themselves testified that they had rioted to ensure that Rush's death was not dismissed and that the circumstances would not be repeated. Fifty-five years after Rush was killed in solitary confinement, Marcia Powell, a mentally ill 48-year-old woman incarcerated at the Perryville Unit in Arizona, died. The Arizona Department of Corrections (ADC) has more than 600 of these outdoor cages where prisoners are placed to confine or restrict their movement or to hold them while awaiting medical appointments, work, education, or treatment programs. On May 20, 2009, the temperature was 107 degrees. Powell was placed in an unshaded cage in the prison yard. Although prison policy states that "water shall be continuously available" to caged prisoners and that they should be in the cage for "no more than two consecutive hours," guards continually denied her water and kept her in the cage for four hours. Powell collapsed of heat stroke, was sent to West Valley Hospital where ADC Director Charles Ryan took her off life support hours later. The ensuing media attention over Powell's death caused the ADC to temporarily suspend using these cages. Once the media attention faded, the ADC lifted the suspension.(1) Abuses at Perryville have continued. The ADC has sent its prisoners to work for private agricultural businesses for almost 20 years.(2) The farm pays its imprisoned laborers two dollars per hour, not including the travel time to and from the farm. Women on the Perryville Unit are assigned to Martori Farms, an Arizona farm corporation that supplies fresh fruits and vegetables to vendors across the United States (Martori is the exclusive supplier to Wal-Mart's 2,470 Supercenter and Neighborhood Market stores).(3) According to one woman who worked on the farm crews: They wake us up between 2:30 and three AM and KICK US OUT of our housing unit by 3:30AM. We get fed at four AM. Our work supervisors show up between 5AM and 8AM. Then it's an hour to a one and a half hour drive to the job site. Then we work eight hours regardless of conditions .... We work in the fields hoeing weeds and thinning plants ... Currently we are forced to work in the blazing sun for eight hours. We run out of water several times a day. We ran out of sunscreen several times a week. They don't check medical backgrounds or ages before they pull women for these jobs. Many of us cannot do it! If we stop working and sit on the bus or even just take an unauthorized break we get a MAJOR ticket which takes away our "good time"!!! We are told we get "two" 15 min breaks and a half hour lunch like a normal job but it's more like 10 minutes and 20 minutes. They constantly yell at us we are too slow and to speed up because we are costing $150 an acre in labor and that's not acceptable. The place is infested with spiders of all types, scorpions, snakes and blood suckers. And bees because they harvest them. On my crew alone, there are four women with bee allergies, but they don't care!! There are NO epinephrine pens on site to SAVE them if stung. There's no anti venom available for snake bites and they want us to use Windex (yes glass cleaner) for scorpion stings!! INSANITY!!! They are denying us medical care here.(4) Although Martori Farms contracts with the local fire departments to provide medical attention for injuries on the farm, farm supervisors do not always allow women to stop work when they need medical care. When "N" complained of chest pains, the farm representative refused to allow her to stop working. The next day, an hour after returning to work, she began experiencing chest pains. The farm representative told her, "Come on, the big bosses are here. You'll be in trouble if you stop. It's not break time. Work, work, work." "N" complied, working while in pain, until the break. She resumed working for another half hour before she experienced even more severe pains: "I have a steady deep dull pain with sharp stabbing pains periodically ... Then all of a sudden, I can't even lift the hoe in the air. My arms are no longer strong enough. By now, the chest pains are so bad it's knocking the wind out of me. I'm straight seeing stars. I tell our substitute boss officer Sanders I can't do it no more. I'm having really bad chest pains. I can't even lift the hoe anymore." The man accused her of faking these pains, but allowed her to stop working. While the woman was receiving medical attention, another farm representative stated, "Oh, so now they're gonna start faking fucking heart attacks to not work. Great."(5) In addition, the prison has sent women to work on the farms regardless of their medical conditions. "N" was sent to West Valley Hospital where an emergency room doctor ordered that she be exempt from the farm work crew and any other physical exertion for three to four days. However, when "N" was returned to the prison, the nurse told her that they could not honor the doctor's order and ordered her back to work. Another woman concurs. "There was one woman that is on oxygen, in a wheelchair, has an IV line and cancer that they sent to the gate to work on the farm ... The captain asked if she could stand. She said yes. His reply was if you can stand, you can farm. She told him no and was issued a disciplinary ticket."(6) The women have not accepted these abuses quietly. They have launched complaints to prison administrators: "Women have made their complaints on inmate letters and verbally to the lieutenant, sergeant, captains, deputy warden, counselors, supervisors and the major. Their solution was to give us an extra sack lunch and agree to feed us breakfast Saturday mornings. UGH!! Really ... food is not what we were asking for. Though being fed on Saturdays is nice. Yah! They were not feeding us Saturdays because that's a day Kitchen opens late because they give brunch on weekends. No lunch, so we were getting screwed! But as of this past Saturday they said they would feed us before work! Let's see how long it lasts." Women have also stood up to unfair demands from the bosses at the farm. One woman recounted: On Wednesday I go to work ... it's the second day in a row we are doing weeds. [I'm] up to my chest trying to weed to save a minimal amount of watermelon plants. Needless to say, the work was excessively hard - to put it mildly. So I must confess the day before I was "on one," so to speak. My haunted mind was lost in the past and so I was just trucking through the weeds, plowing them down, not even connecting with my physical exertion and pain. So the next day I was completely exhausted and physically broke down!! I was in so much pain because the day before I did like double the work everyone else did. So anyways, the M Farm representative was pushing me so hard trying to get me to produce the same results as the day before ... [He] has everyone at minimum teamed up helping each other plow through these weeds. Well everyone but me that is. I repeatedly asked him to give me a partner. I kept telling him that I was in pain. I also went as far as to tell him that I don't think I can do this anymore, to PLEASE give me a partner also. His response was "No. You're strong. You can do it by yourself." I told him not true; I over-exerted myself yesterday because I was going through some things. Now I'm hurt and need help.... He thought my pleas were funny. I hated to degrade myself and plea so I stopped and continued. After "N" had finished her assigned row, the farm representative demanded that she finish weeding two other rows that had been abandoned. When she again requested a weeding partner, stating that she was in pain, the representative replied, "When you get to the end, I'll think about it." By this time, all the girls are finishing their rows because they're all teamed up with 2 or three girls per row. Except me. So there are only two whole rows left on the field by now and he already placed six girls per row. That's twelve women on two rows. And I can't even get one helper. That's RIDICULOUS ... I tell him "Mariano all joking aside, all the others are finishing. Can I please get a helper?" He tells me "Seriously, no joking. When you get to the end, I'll think about it." At that point I'm pretty upset and broke down. I looked at him and said "Is that right?" I paused staring at him waiting for him to stop his male chauvinist domination games or whatever he's playing. When he didn't say anything, but just stared. I told him, "Fine Mariano I'm done. I can't do this anymore. I'm hurt and struggling through this. After what happened to me before I would think you would provide me help when I need it. Since you won't look out for my health and well-being, I will. Someone has to. I'm done for today. I'm going to sit on the bus." The supervisor demanded that she return to work, threatening to call the prison to have disciplinary tickets written up. She refused. At this point I'm so angry that this jerk would make me lose everything because I'm not submissive and I don't obey him like the women back in Mexico do that I admit I blew up and acted unprofessional. I told him "Mariano, Fuck you and your tickets. Go write them if you want. In fact I'll write them for you to make sure you get the facts straight."... At this point the two women who were on the bus got all riled up and were yelling, "That's not fair. She's your best worker and you're going to punish her with tickets!!!" "She's hurt I heard her asking for help all day!" "We've been sitting on the bus for over an hour and we're not getting tickets, why is she the only one getting a ticket?"(7) Not only did "N" stand up for herself, but the other women defended her actions at the risk of being ticketed as well. Their combined efforts ensured that "N" was not issued a ticket in retaliation for standing up for herself. Women have also alerted outside advocates and activists about these inhumane conditions, again at great risk to themselves. If not for their courage in speaking out, the outside world would remain unaware of the exploitation and abuse on the farm. While the women both endure and challenge these abuses, those outside prison gates remain largely unaware of their struggles. Those involved in social justice organizing need to recognize that prisons and prison injustices are exacerbations of the same social issues in the outside world and recognize that these struggles intersect. Safe from the retaliation of prison authorities, outside organizers and activists can and should raise their voices and take action to help the women inside challenge and ultimately stop these abuses. Footnotes: 1. As of April 15, 2010, these cages (or "temporary holding enclosures") remain in use. Arizona Department of Corrections, Department Order Manual, Department Order 704: Inmate Regulations. 2. Nicole Hill, "With Fewer Migrant Workers, Farmers Turn to Prison Labor," Christian Science Monitor, August 22, 2007. Reprinted here. 3. Press release, "16-Year Relationship Between Wal-Mart and Arizona Business Grows, Thrives," September 7, 2007. The 2470 figure is as of August 1, 2007. 4. Letter from "N," dated April 24, 2011. 5. Letter from "N," dated April 24, 2011 6. Letter from "H," dated May 22, 2011. 7. Letter from "N," dated May 7, 2011.

Prisoner Rights: PHX May Day Rally, 2011.

Calling all Angels: Appeal to the Phoenix Labor Movement to intercede in AZ state prison crises.

1. Blogger/Human Rights Activist Peggy Plews reading a Perryville prisoner's letter re: work conditions at Martori Farms.

2. Disabled worker, prisoner's mom Kini Seawright confronts prison segregation. Son, Dana, was murdered in ASPC-Lewis/Stiner (July 2010) for being friends with a Mexican and refusing to carry out a satisfactory hit on another Latino prisoner...

from Sandangelmedia


Please ask Representative Cecil Ash to open legislative hearings on conditions in the AZ state prisons through the AZ House Health and Human Services Committee:

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

Thanks to Robert Haasch for this video!

Perryville Voices: Women's Work at Martori Farms.

Remember Women Prisoners: "Spanking Sheriff Joe"
Margaret T. Hance Park
May Day 2011

What immediately follows is an excerpt from one of two letters I received this past week regarding prison labor at Martori Farms, which I read at the May Day Rally today.


Note that refusal to accept these jobs is grounds for transfer to a higher security yard or detention unit- is that what we want to be spending our corrections money on, instead of programs and health care for these women?


May Day was awesome, by the way. More on that soon...

Remember Women Prisoners
Pinatafest, Margaret T. Hance Park
May Day 2011

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

4/24/11

Dear Peggy,

Happy Easter :)!!! I hope all was great for you today!!!

Well friend I regret to tell you this letter will not be a social call. I’m calling on you to advocate for me and do what you do. I’m in a TERRIBLE situation here. And I need help from the outside. We are totally being oppressed!!! And ABUSED by the system. The prison is out of control!!!! OK ready?....

It’s a doosey friend. You’re gonna be totally shocked. Perhaps you’ve heard already but we need help! I NEED help before they kill me!!

OK it’s about my job. I work on a work crew for Martori Farms. We work 6 days a week for 8 hrs. It’s a mandatory overtime job. We work in the fields hoeing weeds and thinning plants currently until it’s harvest time then it will be 12 hrs a day. It’s insane. Currently we are forced to work in the blazing sun for 8 hrs. Many times we run out of water several times a day. We ran out of sunscreen several times a week. They don’t check medical backgrounds or ages before they pull women for these jobs. Many of us cannot do it! And if we stop working and sit on the bus or even just take an unauthorized break we get a MAJOR ticket which takes away our “good time”!!!

We are told we get ‘2’ 15 min breaks and one ½ hr lunch like a normal job but it’s more like 10 min and 20 min. They constantly yell at us we are too slowand to speed up because we are costing $150 an acre in labor and that’s not acceptable.

The place is infested with spiders of all types, scorpions, snakes, and blood suckers. And bees because they harvest them. On my crew alone there are 4 women with bee allergies but they don’t care!! There are NO epinephrine pens on site to SAVE them if stung.

There’s no anti venom available for snake bites and they want us to use windex (yes glass cleaner) for scorpion stings!! INSANITY!!! They are denying us medical care here.

If we are “red lined’ meaning we have a DR or Nurse or Psych appt any other job holds you back because medical takes precedence over every thing. But not at this job. If we don’t go to work and choose to stay for medical we get a Major ticket. And if they’rereally short people or too many people are like screw it give me the ticket like last week they take you to “CDU” the hole!!! It is so not fair!!! COIV xxx is going crazy trying to find people to fill this contract it’s rumored to be a $40 Million contract but also heard $4.5 mill either way it’s big money. They are going to any lengths to fulfill this. Not caring about our civil rights, safety or health!!

Women have made their complaints on inmate letters and verbally to Lt., Sgt, Captains, DW, COIII, COIV, and the major. Their solution was to give us an extra sack lunch and agree to feed us breakfast sat mornings. UGH!! Really… food is not what we were asking for. Though being fed on Saturdays is nice. Yah! They were not feeding us Sats because that’s a day Kitchen opens late because they give brunch on weekends. No lunch so we were getting screwed! But as of this past Sat they said they would feed us before work! Let’s see how long it lasts. Because they also said they would allow us to be “Red lined”. But it only lasted 1 day.

They wake us up between 2:30 and 3:00 am and KICK US OUT if our housing unit by 3:30am then we get fed at 4:00am and our work supervisors show up between 5am and 8am. Then it’s an hour to 1 ½ hr drive to the job site. Then we work 8 hrs regardless of conditions. Even the porta potties are usually dirty. Sometimes NO SOAP and never any seat covers and women on my work crew are HIV+ and Hep C positive. Not sanitary at ALL!

They give us 1 long sleeve shirt to wear for 6 days! 2 pairs of pants, 2 socks, 2 short sleeve shirts, and 2 pairs of used panties, bras, and socks!!! YUCK!!! We need help Peggy...

Martori Farms and the AZ Department of Corrections.

It's come to my attention that the women from ASPC-Perryville who are providing the prison labor to Martori Farms are being coerced into taking the jobs by the guards responsible for recruiting them, and are reportedly working at times without water, sunscreen, adequate nutrition and full breaks, and without regard to medical concerns or age. Those who refuse the jobs or don't work sufficiently hard enough in the fields - or who even just complain - are threatened with being written up (a major ticket which can cost good time), or thrown into the hole.

The women are afraid for their health and safety; some are allergic to the bees they are harvesting, and others have been told to work through serious symptoms such as chest pain, still being dismissed as malingering - reminiscent of what happened to Brenda Todd and Susan Lopez, when they begged for medical care. They're presently working 8-hr days/6 days a week (not including the 1+ hour trek to and from the farm). Come harvest time, they've been told they'll be working 12-hour days.

Upon receiving this information, I called OSHA - the Department of Labor doesn't have jurisdiction over prison labor, even when contracted to private farms. The only department in the state, outside of Arizona Department of Corrections (ADC) they referred me to was the AZ Department of Administration's Risk Management people - they're the only ones who care about prisoner-worker "rights", it appears, because they want to minimize liability (which has little to do with taking responsibility in practice, it appears).

The Department of Administration referred me back to the ADC, to a guy by the name of Barry Keith. I told them I already contacted the ADC"s general counsel's office about the issue, and want outside eyes on the prison to assure worker's rights are being protected. They had no one else to refer me to, though, so I left a message for Mr. Keith. We'll see who gets back to me with what - I'm not on the best of terms with them these days.

Again, I'm urging people to contact the Chair of the AZ House Health and Human Services Committee, Rep. Cecil Ash, and request hearings on the conditions in the prisons.
He can be reached at:

Arizona House of Representatives
1700 W. Washington St.
Phoenix, AZ 85007
(cash@azleg.gov)

cc me (see margins), the Phoenix New Times (PO Box 2510, Phoenix, AZ 85002 / Phone: 602-271-0040 / Fax: 602-340-8806) and your own legislators on your concerns, please...let me know if I can print what you write.

Finally, here's some info about prison labor, from a good DAILY KOS story in December 2010. An older Christian Science Monitor article about AZ prison labor as it relates to the issue of immigration comes first...and here's something from another blog post last June: Slaves of the State: Prison Labor

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

With Fewer Migrant Workers, Farmers Turn to Prison Labor

By Nicole Hill, Christian Science Monitor
Posted on August 22, 2007, Printed on April 29, 2011
http://www.alternet.org/story/60497/with_fewer_migrant_workers%2C_farmers_turn_to_prison_labor

Picacho, Ariz. -- Near this dusty town in southeastern Arizona, Manuel Reyna pitches watermelons into the back of a trailer hitched to a tractor. His father was a migrant farm worker, but growing up, Mr. Reyna never saw himself following his father's footsteps. Now, as an inmate at the Picacho Prison Unit here, Reyna works under the blazing desert sun alongside Mexican farmers the way his father did.

"My dad tried to keep me out of trouble," he says, wearing a bandanna to keep the sweat out of his eyes. "But I always got back into the easy money, because it was faster and a lot more money." He's serving a 6-1/2 year sentence for possession and sale of rock cocaine.

As states increasingly crack down on hiring undocumented workers, western farmers are looking at inmates to harvest their fields. Colorado started sending female inmates to harvest onions, corn, and melons this summer. Iowa is considering a similar program. In Arizona, inmates have been working for private agriculture businesses for almost 20 years. But with legislation signed this summer that would fine employers for knowingly hiring undocumented workers, more farmers are turning to the Arizona Department of Corrections (ADC) for help.

"We are contacted almost daily by different companies needing labor," says Bruce Farely, manager of the business development unit of Arizona Correctional Industries (ACI). ACI is a state labor program that holds contracts with government and private companies. "Maybe it was labor that was undocumented before, and they don't want to take the risk anymore because of possible consequences, so they are looking to inmate labor as a possible alternative."

Reyna and about 20 other low-risk, nonviolent offenders work at LBJ Farm, a family-owned watermelon farm, as part of ADC's mission to employ every inmate, either behind prison walls or in outside companies. The idea is to help inmates develop job skills and save money for their release. "It helps them really pay their debt back to the folks who have been harmed in society, as well as make adequate preparation for their release back onto the streets." says ADC director Dora Schriro.

If it weren't for a steady flow of inmates year-round, says Jack Dixon, owner of LBJ, one of the largest watermelon farms in the western US, he'd have sold out long ago. Even so, last year 400 acres of his watermelons rotted on the ground - a $640,000 loss - because there weren't enough harvesters. Mr. Dixon had applied for 60 H2-A guest worker visas, but only 14 were approved because of previous visa violations.

"We are in desperate need for hand labor," says Dixon, who started working on the farm when he was 9, alongside mostly migrant workers. "It's hard to get migrant workers up here anymore, with all the laws preventing them. It's not what it used to be," Dixon says. "It's dangerous for them with all the coyote wars and smuggling."

Other farmers wonder if inmates could be their solution. Dixon has received calls from a yellow-squash farmer in Texas inquiring about how to set up an inmate labor contract as well as from another watermelon farmer in Colorado seeking advice on how to manage inmate crews.

For labor-rights activists, federal immigration reform is the only viable solution to worker shortages.

Marc Grossman, spokesman for the United Farm Workers of America, says inmate labor undermines what unionized farmworkers have wanted for years: to be paid based on skill and experience. "It's rather insulting that the state [Arizona] would look so poorly on farm workers that they would attempt to use inmates," Grossman says. There is also the food-safety aspect, he says: Experienced workers understand sanitary harvesting.

"Agriculture does not have a reliable workforce, and the answer does not lie with prison labor," says Paul Simonds of the Western Growers Association, a trade association representing California and Arizona. "This just underscores the need for legislation to be passed to provide a legal, stable workforce." A prison lockdown would be disastrous, he points out, with perishable crops awaiting harvest. Other crops, like asparagus and broccoli, require skilled workers.

Although the ADC is considering innovative solutions - including satellite prisons - to fulfill companies' requests for inmate labor, prison officials agree that, in the end, the demand is too high. "To go into a state where agriculture is worth $9.2 billion and expect to meet a workforce need is impossible," says Katie Decker, spokeswoman for ADC. At any given time only about 3,300 prisoners statewide (out of a prison population of about 37,000) are cleared to work outside.

ACI provides inmates to nine private agricultural companies in Arizona, ranging from a hydroponics greenhouse tomato plant to a green chile cannery. Unlike other sectors where federal regulations require that inmate workers be paid a prevailing wage and receive worker compensation, agricultural companies can hire state inmates on a contract basis. They must be paid a minimum of $2 per hour. Thirty percent of their wages go to room and board in prison. The rest goes to court-ordered restitution for victims, any child support, and a mandatory savings account. Private companies are required to pay for transportation from the prison to the worksite and for prison guards.

For Reyna, his work on farms over the past couple of years has added $9,000 in his savings account and given him a renewed respect for his Mexican father's lifetime of stoop labor.

At Dixon's farm, it's 103 degrees F. The inmate crews, wearing orange jumpsuits, work in a rhythmic line, calling out the number of the watermelons, and alongside the trailer. Just a few yards away, Mexican workers also work in a line. The inmates will quit at 4 p.m., while the immigrant laborers may work 13-hour days. "We go back, they stay out here," Reyna says. "It really isn't the same."

In the farm's office, watermelons line the counter, and photos of migrant workers hang in dusty frames. When asked why he doesn't sell the farm, Dixon says, "the inmates, the migrants, these people are part of the family - that's why I keep this darn place."

Dixon says he supports the idea of a reformed, guest-worker program that would employ migrant workers during the harvest and return them to Mexico in the winter. But until that happens, he's willing to fight for the workers he's shared the land with for most of his life.

"People are crossing the border because they are starving to death," Dixon says, "I don't care what their status is. If they are hungry and thirsty, I am going to feed them."

"I could sell this and quit," he continues, "But I believe in supporting the American farming industry."

© 2011 Christian Science Monitor All rights reserved.
View this story online at: http://www.alternet.org/story/60497/

INSOURCING - Identifying businesses involved in prison labor or supporting those who are

by Bob Sloan

DAILY KOS

Tue Dec 14, 2010 at 03:23 PM PST

Many readers have asked how a corporation can be identified as participating in the use of inmate labor. Actually there are three "categories" of those involved in prison labor and prison industry operations:

1. corporations, businesses and companies that use direct inmate labor for manufacturing and service jobs,

2. corporations, businesses and companies that contract with other companies to purchase products or services made by inmate labor (such as McDonalds), and,

3. individuals, corporations, organizations and investment companies that support the use of prison labor or enable prison industry operations by contributing financial support to those directly involved in using inmates for labor or invest in or support private prison corporations.

To demonstrate how difficult involvement in prison industries and the use of inmate labor is to identify, we'll begin with an investment firm involved in many of our 401(k) and retirement accounts.

Fidelity Investments (Fidelity). This "financial investment" corporation is involved in holding the retirement and 401(k) accounts of millions of Americans. Many of the largest companies in our country offer Fidelity Investments as the sole source of retirement investing for their employees.

Fidelity was previously identified as a funder of the American Legislative Exchange Council (ALEC) in an earlir Insourcing blog. ALEC is deeply invested in supporting Corrections Corporation of American (CCA) and Geo Group (Geo) - that are both corporate members of ALEC. ALEC has willingly accepted responsibility for enactment of laws authorizing and increasing the use of inmates in manufacturing of products as well as the housing of those inmates by private corporations such as CCA and Geo.

Unfortunately if your retirement savings, 401(K) or other investments are held by Fidelity, chances are some of your money is invested by Fidelity in either the use of prison labor or in other operations related to the prison industrial complex (PIC).

I purposely mentioned McDonald's in the intro because though they are not "directly" using inmate labor in their food service operations, they are dependent upon the use of inmate labor to reduce costs associated with those operations. The way they do this is by contracting to purchase their uniforms and some of the plastic utensils provided to customers from a company using inmate labor to make those uniforms and utensils. The uniforms are made by Oregon Inmates. Wendy's has also been identified as relying upon prison labor to reduce their cost of operations - and they fund ALEC.

Two other U.S. companies relying upon prison labor for products sold in their stores are K-Mart and J.C. Penny. Both sell Jeans made by inmates in Tennessee prisons. The same prison in Tennessee provides labor for Eddie Bauer's wooden rocking horses. There are other products we would not associate with prison made products: dentures, partials, eye glasses, processed foods such as beef, chicken and pork patties sold to and served in our schools, grocery stores and hospitals. I don't know about you but putting dentures made in prison in my mouth just somehow causes me concern...just as buying a box of breaded chicken patties and fixing them for my family does.

What about services such as Insurance? Banking? Utilities - gas, oil, electricity? Prescription drugs? Are all of these services or commodities tied to prison labor and the PIC? Unfortunately, yes. Many insurance companies are tied to ALEC...as are corporations involving utilities provided to you in your city or town. To name jut a few brand names you'll recognize that are invested in prison labor or PIC through ALEC are:

BANKS: American General Financial Group, American Express Company, Bank of America, Community Financial Services Corporation, Credit Card Coalition, Credit Union National Association, Inc., Fidelity Inestments, Harris Trust & Savings Bank, Household International, LaSalle National Bank, J.P. Morgan & Company, Non-Bank Funds Transmitters Group

ENERGY PRODUCERS/OIL: American Petroleum Institute, Amoco Corporation, ARCO, BP America, Inc., Caltex Petroleum, Chevron Corporation, ExxonMobil Corporation, Mobil Oil Corporation, Phillips Petroleum Company.

ENERGY PRODUCERS/UTILITIES: American Electric Power Association, American Gas Association, Center for Energy and Economic Development, Commonwealth Edison Company, Consolidated Edison Company of New York, Inc., Edison Electric Institute, Independent Power Producers of New York, Koch Industries, Inc., Mid-American Energy Company, Natural Gas Supply Association, PG&E Corporation/PG&E National Energy Group, U.S. Generating Company.

INSURANCE: Alliance of American Insurers, Allstate Insurance Company, American Council of Life Insurance, American Insurance Association, Blue Cross and Blue Shield Corporation, Coalition for Asbestos Justice, (This organization was formed in October 2000 to explore new judicial approaches to asbestos litigation." Its members include ACE-USA, Chubb & Son, CNA service mark companies, Fireman's Fund Insurance Company, Hartford Financial Services Group, Inc., Kemper Insurance Companies, Liberty Mutual Insurance Group, and St. Paul Fire and Marine Insurance Company. Counsel to the coalition is Victor E. Schwartz of the law firm of Crowell & Moring in Washington, D.C., a longtime ALEC ally.)
Fortis Health, GEICO, Golden Rule Insurance Company, Guarantee Trust Life Insurance, MEGA Life and Health Insurance Company, National Association of Independent Insurers, Nationwide Insurance/National Financial, State Farm Insurance Companies, Wausau Insurance Companies, Zurich Insurance.

PHARMACEUTICALS: Abbott Laboratories, Aventis Pharmaceuticals, Inc., Bayer Corporation, Eli Lilly & Company, GlaxoSmithKline, Glaxo Wellcome, Inc., Hoffman-LaRoche, Inc., Merck & Company, Inc., Pfizer, Inc., Pharmaceutical Research and Manufacturers of
America (PhRMA), Pharmacia Corporation, Rhone-Poulenc Rorer, Inc., Schering-Plough Corporation, Smith, Kline & French, WYETH, a division of American Home Products Corporation.

MANUFACTURING:American Plastics Council, Archer Daniels Midland Corporation, AutoZone, Inc. (aftermarket automotive parts), Cargill, Inc., Caterpillar, Inc., Chlorine Chemistry Council, Deere & Company, Fruit of the Loom, Grocery Manufacturers of America, Inland Steel Industries, Inc., International Game Technology, International Paper, Johnson & Johnson, Keystone Automotive Industries, Motorola, Inc., Procter & Gamble, Sara Lee Corporation.

TELECOMMUNICATIONS: AT&T, Ameritech, BellSouth Telecommunications, Inc., GTE Corporation, MCI, National Cable and Telecommunications Association, SBC Communications, Inc., Sprint, UST Public Affairs, Inc., Verizon Communications, Inc.

TRANSPORTATION: Air Transport Association of America, American Trucking Association, The Boeing Company, United Airlines, United Parcel Service (UPS).

OTHER U.S. COMPANIES: Amway Corporation, Cabot Sedgewick, Cendant Corporation, Corrections Corporation of America, Dresser Industries, Federated Department Stores, International Gold Corporation, Mary Kay Cosmetics, Microsoft Corporation, Newmont Mining Corporation, Quaker Oats, Sears, Roebuck & Company, Service Corporation International, Taxpayers Network, Inc., Turner Construction, Wal-Mart Stores, Inc.

ORGANIZATIONS/ASSOCIATIONS: Adolph Coors Foundation, Ameritech Foundation, Bell & Howell Foundation, Carthage Foundation, Charles G. Koch Charitable Foundation, ELW Foundation, Grocery Manufacturers of America, Heartland Institute of Chicago, The Heritage Foundation, Iowans for Tax Relief, Lynde and Harry Bradley Foundation of Milwaukee, National Pork Producers Association, National Rifle Association, Olin Foundation, Roe Foundation, Scaiffe Foundation, Shell Oil Company Foundation, Smith Richardson Foundation, Steel Recycling Institute, Tax Education Support Organization, Texas Educational Foundation, UPS Foundation.

As the foregoing illustrates, many U.S. companies and corporations not only fund ALEC's activities regarding prison labor and PIC, they have foundations that also contribute handsomely to ALEC. Many are represented upon ALEC"s Private Enterprise Board.

Commodities, services and various products sold to U.S. consumers provide profits to these companies/corporations that are used to further the goals of ALEC. They sell us our vehicles, Chrysler, Ford, GM...sell us the fuel to power those vehicles, insurance to cover our cars and trucks. Some of our homes are mortgaged through banks and mortgage companies affiliated with ALEC. Our homes are insured by carriers supporting the use of inmate labor. Our phones are provided by those who are also involved and our medications also fund these same ALEC activities. Even the fast food places we depend upon are part of the overall PIC operation - McDonalds and Wendy's.

Reservations we make for American Airlines and the likes of AVIS rent-a-car are taken by inmates. More and more call centers are coming on line every day manned by inmates in both state and federal prison operations. Each position taken by an inmate, used to belong to private sector workers who are now unemployed.

Another industry I've briefly touched upon needs to be discussed here. That is the agriculture industry. One side effect of immigration laws being enacted in the Western states is the reduction of migrant workers in those states that have passed tougher immigration policies. Not one to miss such an opportunity, prison industries are vying to fill the voids created by these laws.

Colorado has been one of those states hardest hit because of new laws similar to that of SB 1070. In an effort of providing labor to the farmers in that state, the legislature has partnered with the state DOC to implement a new program allowing for the use of inmates on private farms.

"To meet the needs of the capitalist farmers, the state legislature has partnered with the Colorado Department of Corrections to launch a pilot program this month that will contract with more than a dozen large farms to provide prisoners who will work in the fields. More than 100 prisoners will go to farms near Pueblo, Colo., to start the program in the coming weeks.

Prisoners will earn a miserable 60 cents a day. The prisoners will be watched by prison guards, who will be paid handsomely by the farmers. The practice is a modern form of slavery.

The corporate farm owners and capitalist politicians are defending the program. They claim that business needs to be "protected" for the sake of capitalist production in the agricultural sector."

There were many indicators that this was on the horizon over three years ago, when articles began to appear about several states switching from migrant farm workers to inmates:

"As states increasingly crack down on hiring undocumented workers, western farmers are looking at inmates to harvest their fields. Colorado started sending female inmates to harvest onions, corn, and melons this summer. Iowa is considering a similar program. In Arizona, inmates have been working for private agriculture businesses for almost 20 years. But with legislation signed this summer that would fine employers for knowingly hiring undocumented workers, more farmers are turning to the Arizona Department of Corrections (ADC) for help."

It isn't surprising that agricultural and farming needs would be pointed in this direction by state legislators...where ALEC's efforts of eliminating "illegal" aliens from agribusiness work coincided with their SB 1070 and earlier state legislative efforts. They realized the impact the laws would have upon immigrant workers and that a labor force would be necessary to take the place of immigrants picked up or scared off by laws like SB 1070. CCA, Geo and state prison industry operators were informed of the expected future labor needs of U.S. farmers and began to gear up in 2007 when ALEC successfully proposed and was able to enact one of the first restrictive immigration laws in Colorado. I believe ALEC projected the impact on farming, predicted the labor need and advised prison industries to be prepared to put inmates out in agriculture work on short notice. As soon as the Colorado law went into effect, prison industries had inmates picked, vetted and with the proper custody level ready to step into the shoes of the missing migrant workers.

All in all a very effective business plan put into place by ALEC and their members - eliminate an entire industry workforce and replace it with a workforce supplied by their members at a wage scale of less than $1.00 per hour. At the same time salaries of the prison staff guarding the workers is paid for by the farmers. Talk about a win-win-win business plan.

Prison labor had been used in Arizona for more than two decades prior to SB 1070. However the enactment of that law made the need for inmate labor to treble - along with profits from that labor.

Other occupations are being impacted by privatization of prison related healthcare. Many doctors are now choosing to work in prison rather than private practice. Obviously this switch lowers the number of doctors available in the private sector. One reason for this change in direction by physicians is retirement benefits and free malpractice insurance offered by prison healthcare corporations, such as PHS.

If more information is needed to clarify the financial impact of continuing incarceration upon us as a society take a brief look at Washington State's latest efforts to address the state deficit. The below cuts are necessary to reduce the budget by $600 million. A substantial need for such reductions was created because of the state's continued reliance upon incarcerating more and more citizens, reducing private sector jobs through the use of prison labor by large WA. corporations such as Boeing and Microsoft.

"Among the cuts approved by legislators: nearly $50 million from the Department of Corrections, including the closure of a prison facility; $50 million from K-12 education, including funding intended to keep class sizes small; $51 million from higher education, including at several of the state's flagship universities; nearly $30 million from a state-subsidized health insurance program for the poor; and the elimination of non-emergency dental care for poor adults."

What a trade off, huh? More cuts to education and social programs that benefit the poor while they pay out millions to prison industries and private prison operators - and give tax breaks to Boeing and Microsoft. Washington citizens are getting the shaft - especially their students and the poorest among them.

While Washington state is making terrible cuts to the budget, elsewhere prison workers and their supporters are successfully keeping unnecessary prisons open to keep prison staffers from losing their employment. An action that keeps taxpayers funding their salaries - needlessly.

"ETOWAH COUNTY, Alabama -- U.S. Immigration and Customs Enforcement officials have agreed Thursday to delay removal of more than 300 inmates from Etowah County's detention center until at least the spring, the Gadsden Times reports.

ICE officials had notified the county Saturday that they would be removing the inmates from the Etowah County jail, which is the only facility in Alabama with a contract to house ICE inmates.

On Thursday, after intercession by the county's congressional delegation, ICE agreed to keep inmates at the facility and use Etowah County's prisoner transportation services until March 31, 2011, according to the Gadsden Times, which cites a news release from Sheriff Todd Entrekin.

The decision stops what would have been a substantial economic loss for the jail and could have resulted in the loss of some 49 jobs."

While this fight to keep jobs and inmates in AL. is fought, another fight results in the loss of a successful privately operated reentry program for ex-offenders in Virginia. The state has decided to "re-vamp" its reentry efforts and closed this and 12 other successful programs. Even in instances where volunteers and organizers step-up to address recidivism, the state steps-in and thwarts their efforts. It's almost like there are efforts going on at the state levels to keep incarceration and recidivism rates up.

Our country is being turned into a nation of prisoners and those who pay for their incarceration costs - period. Everything else is being cut to keep the PIC in place and profitable. Medicare and Social Security are next in line in the next U.S. Congress. Don't you find it odd that of all the rhetoric about our failing economy, the cuts to social and community programs, unemployment and unemployment compensation arguments - none of our lawmakers are openly voicing calls for any reduction in imprisonment? I mean there have been hundreds of articles identifying incarceration costs as being responsible for necessary cuts in funding for education and other necessary programs...but no one wants to go on the record as supporting a stop to mass incarcerations? How is it that our elected officials continue to cut more and more out of annual budgets to pay for incarceration and make no effort of reducing the need for that incarceration? I believe it is because they're paid handsomely to avoid any effort of reforming laws or reducing incarceration. It is simply too profitable to allow us to stop sending men, women and our children to jail and prisons.

This is exemplified by a recent article on Louisiana's practice of housing state prisoners in local Parish jails:

“Legislators wonder why the budget for the Department of Corrections is so large,” said one state employee who is familiar with the department. “As long as they keep trying to criminalize everything they find personally offensive in the name of law and order for the benefit of the folks back home, the budget is going to keep growing.

”Each legislative session, dozens of bills are introduced by Louisiana lawmakers to either create new criminal statutes or to increase penalties for existing laws. Only rarely does a bill attempt to reduce penalties for crimes. In the 2010 regular session alone, for example, 68 of 93 bills addressing criminal procedure and crime, called for jail time for new crimes or longer sentences for existing laws. Those included crimes ranging from “unlawfully wearing clothing which exposes undergarments or certain body parts” to cyberbullying, and terrorist acts.

"Local sheriffs relish the opportunity to house state prison inmates because it infuses needed cash into the local coffers. One state official said the actual cost to sheriffs to house the state prisoners is only a fraction of the $24.39 daily income per prisoner. “It’s a big bonus for the sheriffs,” he said."

Right now prisoners in Georgia are striking due to being used as slave labor by that state's prison industries. Such strikes are unheard of and one reason is the huge amount of "get-back" available to the prison staff and their willingness to use physical means to force compliance. My heart goes out to these men, as I've been there and know how dire their circumstances must be to cause such a dangerous mission from behind bars. Many are trying to provide assistance to them through phone and email communications with prison authorities, but so far the prisons involved (6) remain on indefinite lockdowns with reports of retaliation at each facility being reported via cell phone calls from the inmates. There has been limited media coverage of this historical strike (and no mainstream media attention) - again, it is not in their best interests to publicize this action to the public, for fear of creating a discussion on the merits of using inmate labor in a "slavery like" manner - though from reports, thousands of inmates are participating in the strike. These men represent those who are now performing the work previously performed by Georgia private sector workers, and doing it for pennies on the dollar.

As shown by the above information, every facet of our lives are now touched in some way by prison privatization, prison healthcare, feeding of prisoners or by working prisoners in the PIC. This puts their products in our homes, on our grocer shelves, in our produce consumption and reduces available private sector jobs - including positions for physicians. Sadly we must realize that all of this is financed with our tax dollars that are quickly converted to "profits" once received into the coffers of corporations participating in the PIC.

Many comments have been made to my Insourcing Series saying we should identify those involved and boycott their products and services. As this segment demonstrates, it is nearly impossible to identify each corporation, group, organization or individuals involved in PIC and prison industries. Their products are so vast and diverse, each of our homes now have one or more of those products in use. Even picking up the phone and calling for technical assistance with products, making a reservation or inquiring about services may put us in touch with an inmate on the other end of the phone. The Prison Industrial Complex is simply too vast to avoid or boycott - in a manner typically used by consumers and concerned citizens.

Boycotting is usually an activity used to refuse our business to those involved in practices we object to. In this case it is just too difficult to accurately identify prison industry participants.

I'm working on developing a program now that may allow all of us to identify those companies, businesses and corporations not involved in any way with prison labor or the PIC. We can eliminate the profits realized by corporations using inmate labor, by reducing sales of their products. Just as those participating in the PIC transfer our tax dollars into profits, we can transfer their anticipated future profits back to the private sector worker through participation in this program. The only thing these corporations understand is "profit". Money drives them and is what gets their attention. So let's get their attention by denying them sales - not boycotting.

I intend to set up a website allowing those not connected with the PIC, not investing in or funding prison industries and not selling any products made by inmates or inmate provided services to be named. The site is intended to list corporations, retailers, providers and businesses certified as not involved in PIC operations. Links to these certified non-participating company websites and online catalogs, local outlets and products lines will be made available. In addition those industries, corporations, investors, banks, finance companies and others identified as profiting from PIC or prison industries in any form will be identified and "blacklisted". In this way one comprehensive site can be used to identify those products, services and companies to avoid while providing links to U.S. retailers and companies not involved, that provide the same products or services without the use of prisoners.

In order to participate, these companies must "Certify" in writing that they use no inmate labor, do not invest in or sell products made in prison. Secondly they will be required to use the "Made in U.S.A." labels with products and services provided by American workers and offer those products to U.S. consumers.

Prison made goods include those made in China and elsewhere that are finding their way to our retail shelves more and more of late. There are strict prohibitions against allowing imported products into the U.S. when those products were made by prison, slave or child labor. These strict provisions are being circumvented in some instances and deliberately ignored by our Custom Service in others. Companies, businesses, retailers and manufacturers wishing to be listed within the proposed site, must certify non-use of those foreign prison-made goods as well.

The site is intended to allow consumers to identify those not involved in prison labor related products and offer shoppers a discount direct from participating U.S. manufacturers, retailers and service providers for purchasing their products or services made by U.S. workers in our private sector markets. This will help increase jobs and deny continued profits to those using inmate labor.

This effort will be time consuming and expensive to develop and put into operation. Sponsors and volunteers will be needed to assist in this endeavor. This is going to need the expertise of a website developer, software programmers, advertising and accounting assistance. We are going to need people to submit to us the names of businesses they own, work for or invest in that are not associated or affiliated with prison labor or products. Money is going to be needed to advertise the site and make consumers aware that such a site exists to provide them with alternatives to prison made products. If successful this will put money into the pockets of those manufacturers and retailers who refuse to become involved in prison made goods for profit. It will provide those businesses with income to hire more workers due to increased production and sales.

Any volunteers...suggestions...advice...assistance? If you believe this is a good idea to help us take back our jobs, eliminate the vast profits made off of cheap prison labor and promote "real" products made by free American workers, write and let me know. If you want to participate or assist in this development, I'm listening...

Originally posted to Bob Sloan on Tue Dec 14, 2010 at 03:23 PM PST.