Tracking Prison Censorship in the United States

Tim Virga, Warden
P.O. Box 290002
Represa, CA 95671-002

1 June 2010

Dear Warden Virga,

A publication titled Under Lock & Key issue 13 (March/April 2010) was sent to several prisoners held at your facility. It was sent from MIM Distributors in San Francisco, CA by standard mail on 30 March 2010. This publication was returned to MIM Distributors with no explanation and denied delivery to the following prisoners:

XXX

This letter is to inquire about why this publication was censored from CSP-Sac. The envelopes were stamped with "Return to Sender" and a list of options for the mailroom staff to check to explain the denial. However, none of the options were checked. I have included a copy of an envelope so you can see what I am describing.

As you know, there must be a legitimate penological interest in the censorship of incoming mail. In addition to the ambiguous stamp on the envelopes, they were all returned unopened. How could your mailroom staff determine that the publication Under Lock & Key issue 13 should be censored at CSP-Sac if they did not view it?

We are requesting (1) a detailed explanation of why this publication was denied delivery to the above mentioned prisoners, (2) an investigation into the validity of the claim that it should be denied, so that it may be overturned, (3) prompt delivery of the publication Under Lock & Key issue 13, and (4) an end to the interference to the communication between MIM Distributors and prisoners held at CSP-Sacramento. We look forward to your timely response concerning the overturn of this incorrect denial.

Sincerely,

MIM Distributors

CC: Affected parties

Director of Corrections and Rehabilitation
PO Box 942883
Sacramento, CA 94283

24 August 2010

Dear Director,

This letter is to inform you of the illegal censorship that MIM Distributors is experiencing at California State Prison - Sacramento and to ask for your assistance in resolving this issue. In February 2010, Warden Tim V. Virga began instituting a ban against all publications and letters going into California State Prison - Sarcamento sent from MIM Distributors.

In the most recent response we have received from Warden Virga, dated 22 June 2010, he refers to the outdated ban imposed by Undersecretary of Operations Scott Kernan to validate this practice. We are familiar with this 2006 ban. However, we are also familiar with the settlement between Prison Legal News and CDCR, with its accompanying list of banned publications and 21 October 2008 memo that reads, ?The centralized list of disapproved publications supersedes any prior departmental or facility memoranda regarding banned publications. Facilities must use only the most updated version of the centralized list to identify publications subject to a general ban.? As I tried explained to Warden Virga in my previous letter, MIM Distributors does not appear on this list.

If you have an updated list of banned publications that includes MIM Distributors, please send it to me at the address below. If not, then please advise Warden Virga of his illegal activity and see to its immediate reversal. Thank you for your time, and I look forward to your response.

Sincerely,

MIM Distributors

CC: Affected parties