By Sharyn L. Decker
Lewis County Sirens news reporter
The publisher of a magazine written for jail inmates has filed a lawsuit against the Lewis County Jail saying its rejection of his publication amounts to a violation of the First Amendment.
The quarterly periodical is free.
Crime, Justice and America says it attempted to arrange delivery to the lock-up facility in Chehalis and were refused, according to its filing in federal court.
Jail Chief Kevin Hanson in his formal answer filed last week denies that his policies unconstitutionally restrict the magazine’s attempt to deliver to inmates or that his jail refused to permit the magazine into the jail.
The suit is filed in U.S. District Court in Tacoma.
It names as defendants Hanson, Sheriff Steve Mansfield who has ultimate decision-making authority over the jail and 20 unnamed employees of the jail.
The magazine describes its target audience as inmates awaiting trial, aiming to educate and inform them about a sometimes confusing criminal justice system.
Crime, Justice and America is distributed free of charge and without a subscription or prior request so jail inmates can receive the information quickly, when they need it, according to information in the magazine’s court filing.
The defendants’ blanket ban on unsolicited publications is exaggerated, not related to a any legitimate penological interest and leaves the magazine with no viable means to communicate with its intended audience, the filed complaint states.
The publisher, Ray Hrdlicka, says it is distributed in numerous counties in Washington, Oregon, California and two other states, according to the filing.
The California-based company says it offered two methods of distribution, either a weekly delivery to be placed in small stacks in common areas or individually addressed to specific inmates but not more than 10 percent of them.
In a document filed last week on behalf of Lewis County Jail Sgt. Julie Frase, Frase states she was the person who the magazine contacted in phone calls in January and February of last year and that they offered no such thing.
Frase wrote they told her they wished to send one copy for every single inmate and they expected the jail to ensure they were individually received.
Jail Chief Hanson says they will accept the magazine, but only in limited quantities and if addressed to specific named inmates.
The inquiry came over a year ago and the jail wasn’t interested, but didn’t violate any law, according to Hanson.
“We reviewed it and due to the volume – they wanted one for every inmate – we said no thanks, we’ll pass,” Hanson said today.
The jail allows reading material inside, as long as it doesn’t jeopardize the safety and security of the facility, Hanson said. And based on the copies of the magazine he’s seen, its content wouldn’t be prohibited, he said.
The plaintiffs specifically allege violations of their rights under the First and Fourteenth amendments of the U.S. Constitution and under Article I, Section 5 of the Washington State Constitution.
They are asking the court for an order to stop violating their rights and damages, partly related to lost advertising, in an amount to be proven at trial.
Tags: By Sharyn L. Decker, news reporter
yup, me too 🙂
The Lewis County Jail is doing nothing to deter the magazine’s First Amendment right to free speech because they’re still publishing their views, nor the inmates’ Fourteenth Amendment rights since those mostly deal with voting privileges. The jail is under no legal obligation to give these magazines to inmates any more than K-Mart is obligated to provide their customers with issues of the Little Nickel.
If inmates want this magazine, they are free to subscribe on an individual basis. This lawsuit is far less about Constitutional rights than it is about adding circulation numbers so advertising rates can be raised…it’s cynical at best.
“lost advertising” – It all comes down to money! What a joke!