This is Important Information From the Southern Center for Human Rights

Debtors' Prisons

Contrary to what many people may believe, there are debtors' prisons throughout the United States where people are imprisoned because they are too poor to pay fines and fees.



The United States Supreme Court in Bearden v. Georgia, 461 U.S. 660 (1983), held that courts cannot imprison a person for failure to pay a criminal fine unless the failure to pay was “willful.” However, this constitutional commandment is often ignored.



Courts impose substantial fines as punishment for petty crimes as well as more serious ones. Besides the fines, the courts are assessing more and more fees to help meet the costs of the ever-increasing size of the criminal justice system: fees for ankle braclets for monitoring; fees for anger management classes; for drug tests, for crime victims’ funds, for crime laboratories, for court clerks, for legal representation, for various retirement funds, and for private probation companies that do nothing more than collect a check once a month.



People who cannot afford the total amount assessed may be allowed to pay in monthly installments, but in many jurisdictions those payments must be accompanied by fees to a private probation company that collects them. A typical fee is $40 per month. People who lose their jobs or encounter unexpeced family hardships and are unable to maintain payments may be jailed without any inquiry into their ability to pay or the willfulness of their failure to pay.



There are more fees for those in jails or prisons. There are high costs for telephone calls. Fees are charged fees for medical services. A new trend is “room and board” fees in prisons and jails. Ora Lee Hurley spent nearly a year at the Georgia Department of Corrections, Atlanta Diversion Center due to her inability to pay a $705 fine from a 15-year-old drug conviction because she was charged for staying there. A court had ordered Ms. Hurley imprisoned until her fine was paid. While held at the Diversion Center, Ms. Hurley was employed full-time at a restaurant which sent her paycheck directly to the Department of Corrections. Although Ms. Hurley never missed a day of work and earned over $7,000, the Department took nearly every penny of her earnings. Left with only $23 per month to buy food, toiletries, and pay her fine, Ms. Hurley was being confined in perpetuity. She was released only after the Center filed a habeas petition on her behalf. For a copy of the habeas petition, click here. To view the Atlanta Journal Constitution article click here.


The Center Ends Jail Fees for Pre-Trial Detainees

In some cases, jails have even charged people room and board fees for people detained on charges but not convicted of any crime. For seventeen years, the Clinch County Jail in Homerville charged those in its custody a daily room and board fee. Even though Georgia law did not authorize – and in fact prohibited – such charges, the Clinch County Sheriff charged inmates $18 per day. Many people were too poor to pay the fees upon their release. The Sheriff and his deputies required them to sign notes promising to pay the fees in installments, or return to jail. On several occasions, the Sheriff charged people thousands of dollars, failing to return the money even when criminal charges were dismissed. A lawsuit filed by the Center, ultimately settled, required the Sheriff to return the illegal fees. For a copy of the Complaint, click here. For a copy of the Plaintiffs’ Motion for Summary Judgment, click here. For a copy of newspaper articles related to the case, click here. To hear a report by National Public Radio on Clinch County Jails, click here.


The Center ends Debtors' Prison in Gulfport, Mississippi

The Municipal Court in Gulfport, Mississippi was one such court. In an effort to crack down on people who owed misdemeanor fines, the City of Gulfport employed a fine collection task force. The task force trolled through predominately African-American neighborhoods, rounding up
people who had outstanding court fines. After arresting and jailing them, the City of Gulfport processed these people through a court proceeding at which no defense attorney was present or even offered. Many people were jailed for months after hearings lasting just seconds. While the City collected money, it also packed the jail with hundreds of people who couldn’t pay, including people who were sick, physically disabled, and/or limited by mental disabilities. SCHR filed suit to stop these illegal practices. For a copy of the Complaint, Tclick here. For related news coverage, click here.


Other financial distortions

Debtors prisons are but one example of financial incentives that have a distorting effect on the criminal justice system. Criminal justice policies - how many prison beds to build, whether to arrest someone or cite them, what sentences to impose - should be primarily concerned with making us more safe. But the profit motive is increasingly distorting the system.



Many counties throughout the South, for example, are committing scarce dollars to building larger jails in anticipation of securing a lucrative contract with the federal government to house detainees for Immigration and Customs Enforcement (ICE), the United States Marshals Service or even prisoners from other counties or other states. As another example, the design of work release programs - something that should be focused on developing skills and reducing recidivism - is often driven primarily by an interest in collecting as much moneyas possible from the prison er-workers. The privatization of probation, imprisonment, and other parts of the criminal justice system create incentives for expanding the criminalization of poor people.



Financial distrortions in the criminal justice system include the practice of funding government slush funds by adding to someone's sentence. By making it more difficult for people to take care of their basic needs, these additional financial obligations compromise rather than improve public safety.


Southern Center for Human Rights | 83 Poplar St. NW, Atlanta, GA 30303 | p.404.688.1202 | f.404.688.9440

Write For Lynne Stewart

"Dear Friends,

There will be much to do in support of Lynne Stewart in these next months. For the moment, the priority is to see that Lynne is sent to the Federal Corrections Institution for Women in Danbury rather than somewhere in Texas or even further from her family and friends. WRITE TO THE BUREAU OF PRISONS IMMEDIATELY! TURN YOUR PAIN AT LYNNE'S HORRIFIC SENTENCE INTO FIGHTING BACK. THIS IS STEP 1.

We urge you to write to the Bureau of Prisons (see address below) immediately and ask for Lynne to be transferred to the Federal Correctional Institute for female prisoners. Time is of the essence as the Bureau of Prisons is not bound to accept Judge Koeltl's recommendation that Lynne be kept at MCI for 60 days and then be transferred to Danbury. Lynne could be sent elsewhere at any point.

WHAT THE LETTER SHOULD SAY:

You can explain that Lynne is 70 years old, in remission from breast cancer which could reoccur at any time, and suffering from other serious medical challenges, including high blood pressure and diabetes. It is well-known that health challenges are profoundly affected by the kind of emotional support that only family and close friends can provide. Lynne would surely do much better were she to have access to that kind of support. Given Lynne's serious health problems and her age, there is certainly considerable risk of death in these coming years and moving her away from her family and friends would exacerbate that risk. You can end with "We urge you to offer this minimal humanitarian gesture for this remarkable woman who has served the poor and unrepresented her whole professional life as a lawyer." or something like that. Feel free to write your own letter. Just do it as soon as possible so that these letters reach the Bureau of Prisons before they make a move in another direction.

Letters should be addressed to:
Harley Lappin, Director
Federal Bureau of Prisons
320 First Street NW
Washington, DC 20534-0002

Folks can also call the Bureau of Prisons, 202 307-3198. Of the possible offices to call, the Office of General Counsel (press #3) seems the most appropriate. Leave a message asking for Lynne to be sent to Danbury and explain why. The most important thing is for the Bureau to know we're watching them, that there is great interest in Lynne's case and assignment. Gerardo Hernandez of the Cuban 5 just got out of the "hole" through such pressure.

In the struggle for justice! Free Lynne Stewart and All Political Prisoners!

Ralph Poynter and Friends of Lynne Stewart"

Labor & Money Clash in 15 Cities
By Carl Finamore
Submitted to Portside by the author
July 23, 2010

Contracts expire in 2010 for 45,000 hotel workers in ten
cities and, on July 22, several thousand supporters
demonstrated across the U.S. and Canada. This time Hyatt
Hotels were targeted because "Hyatt wants to take more
away and lock workers into recession contracts even as
the economy rebounds," according to the union, UNITE-
HERE, AFL-CIO.

Simultaneous protests occurred in Chicago, Honolulu, San
Francisco, Long Beach, Los Angeles, Boston, Vancouver,
Toronto, Miami, Pittsburgh, Indianapolis, Rosemont, San
Antonio, Santa Clara and San Diego with nearly 1000
activists arrested after engaging in peaceful civil
disobedience blocking hotel entrances.

Apparently, there will be more to come of these
coordinated national actions involving thousands of
members and community allies. They are designed to keep
pace with the expiration of contracts in a growing
number of cities as it becomes clear hotel owners are
stalling negotiations everywhere.

This will allow more hotel union locals to link up with
close to 23,000 workers in San Francisco, Chicago and
Los Angeles whose contracts lapsed almost one year ago.

The union gave a full explanation for this important
escalation of tactics and strategy: "Nationwide, the
hotel industry is rebounding faster and stronger than
expected, with a hearty rebound projected in 2011 and
2012. [Yet], hotels are still squeezing workers and
cutting staff. More than 115,000 jobs in the hotel
industry have been cut since the recession began in
2008-46,000 of which have come just in the first quarter
of 2010 as the industry has projected recovery. While
this marks a trend involving several major hotel
companies, Hyatt is the starkest example."

How to Make Money

"I made my money the old fashioned way. I was very nice
to a wealthy relative right before he died," was
famously said by the colorful Malcolm Forbes after he
inherited from his father the equally famous magazine
carrying the family name.

But don't expect owners of the Hyatt Hotels, the
Chicago-based Pritzker family, where inherited wealth
has been passed along over four generations, to be as
brutally honest as the late Mr. Forbes. They
consistently rank among the top ten richest American
families but they may very well be justified claiming
their money was made in another equally reliable old-
fashioned way - by selling high and paying low.

This is certainly the mantra of one of their largest
family assets, the Hyatt Hotels Corporation. It boasts a
portfolio of 434 properties in 45 countries and, with
$1.3 billion, had the most cash on hand of all it
competitors at the end of 2009. The Pritzkers have
always been good, very good, at making money.

They are definitely practiced at selling high. A
minority stake in the Hyatt sold in November 2009 and
earned the family just under one billion dollars. And,
they indeed know how to pay low. Only several months
earlier, minimum-wage replacements were hired to replace
the entire housekeeping staff at their three Boston
hotels.

"I gave my body-everything I have-to that hotel, and
Hyatt disposed of us like we were trash," said Lucine
Williams, who worked at the Hyatt Regency Boston for 21
years, before being abruptly fired and summarily
replaced on August 31, 2009. UNITE-HERE reports that
Lucine's hotel made a profit of almost $5 million that
year.

In fact, Hyatt management continually cuts staff and
increases workloads at all their hotels. As a result,
the chain had the highest injury rate for housekeepers
last year in an academic study of 50 major hotels
published by the American Journal of Industrial Medicine
in February 2010.

Actually, since the late 1980s, the hotel industry as a
whole has steadily reduced employees. The union reports
that in 1988, nearly 71 workers were employed to service
100 occupied guestrooms. Last year, that number was down
to 53 - a 25% reduction.

This is why the industry is poised to make big profits.
Occupancy rates are increasing while the workforce is
not. "Expense reductions have been so dramatic at both
the property and corporate level that even a modest
pick-up in.growth should lead to outsized profit gains."
(Goldman Sachs, 8/9/2009)

How to Win Decent Contracts

The union is sending a clear message, stall negotiations
and there will be increased national coordination of
demonstrations, civil disobedience actions, and
boycotts. This is in addition to the strike weapon which
San Francisco Local 2, whose contracts expired in August
2009, has used both judiciously and effectively.

That local, with 9000 members, has a long history of
mobilizing both its members and community allies. It has
already successfully employed several three-day strikes
of targeted hotels, numerous lobby protests by workers
on lunch breaks and frequent "all-day, all- night
picketing" of eight boycotted venues.

Yet, at the same time, the union is conscious that
victory is more difficult fighting alone in one city, no
matter how bold or militant. Members are also very clear
about this from their experiences dealing with these
giant investment conglomerates who have continuously
rebuffed local efforts to achieve a decent contract.

"These are multi-national corporations, so, standing
together with workers in other cities is key to
defending our livelihoods," said Local 2 Press
Coordinator, Riddhi Mehta.

Thus, the stage is set for more national clashes between
the hotels and labor, in the most old-fashioned of ways,
with each mobilizing its own precious resources; one
measured in cash, the other in people. Only this time,
hotel workers have turned their adversaries' chief
weapon against them - more management stalling of
negotiations locally means more union allies coming
onboard nationally.
____________

Carl Finamore was among 152 arrested in front of the San
Francisco Grand Hyatt as another 1200 marched around the
hotel. He is a delegate to the San Francisco Labor
Council, AFL-CIO, from Air Transport Employees, Local
Lodge 1781, IAMAW. He can be reached at
local1781@yahoo.com

Yesterday I listened to a talk by former President Michele Bachelet of Chile and I wanted to record some things that I took from it. In terms of looking at a country and its sociopolitical landscape-there is the economic and then there is the political, but Bachelet put emphasis on a third which is rarely stressed here, which is the Social....one must take care of the social...I am excited about all that is taking place in Latin America!

Tears for Aiyana Jones

Justice for the Second Great Depression

I am late posting this, but I think everyone far and wide should hear this story. The head of Goldman Sachs is in trouble....lets bring the rest of those houses of ill-repute tumbling to the ground!

Gender and Racial Wealth Gap in the U.S.

Single Black women in the United States on average have an accumulated wealth of $100. For Single Latino women its $120. Single White women have an average accumulated wealth of $41,000. Read the remainder of the report.

A Texas Man Freed From Prison After 26 Years

Charles Chatman was freed by DNA testing after 26 years stemming from a wrongful conviction. Read the story above.