Eldon Vail, Assistant Director Division of Prisons Washington Dept. of Corrections P.O. Box 41123 Olympia, WA 98504-1123
Dr. Mr. Vail: I am appealing a 3/1/97 Offender Mail Rejection notice for MIM Notes. The notice was signed by Sgt. Sutton and the reason given was: "Rejected by Director of Prisons. Advocates to Seize Power Through Armed Struggle'."
I believe the publication is being rejected for its political content, not merely because of the slogan cited on the rejection notice. The publication does not direct prisoners to take up arms against their captors. The publication does not contain specific instructions as to how prisoners could thus arm themselves. It does not contain plans to escape, nor does it describe procedures for constructing weapons, bomb, incendiary devices, etc.
There are no articles in the publication which specifically incite prisoners to rebel against their captors. The publication is no more radical than the Declaration of Independence, which also advocates the seizure of state power, by armed struggle if necessary.
To claim that the publication's slogan (buried in fine print in the info box on page two) presents "a threat to legitimate penological objectives" is to imply that preventing prisoner from reading political material that runs counter to the political beliefs espoused by the DOC or its employees is a "legitimate penological objective."
If you or the Director of Prisons, of the DOC think that prisoners may feel directed to manufacture weapons and begin the seizure of state power -- merely because they read such a slogan -- is to stretch credulity far beyond the bounds of sensibility. I have read the slogan "Go Seahawks!" a thousand times. It has yet to incite me to watch a Seahawk football game, much less root for the team.
I ask they you reconsider the rejection of MIM Notes or explain to me precisely how you think the slogan in question is a legitimate threat to the penological objectives of TRCC or the DOC.
-- A Washington State Prisoner, 6Mar97
Letters of Protest can be sent to: Eldon Vail, Assistant Director, Division of Prisons, Washington Dept. of Corrections, P.O. Box 41123, Olympia, WA 98504-1123
CENSORSHIP IN FLORIDA CONTINUES
Comrades, Despite my last letter to you, the censorship of MIM Notes, along with two other publications, continues. While my appeals to get the paper and requests for a reason why it's being denied go unanswered.
I've now been told that issues 127 and 128 were sent to me "by mistake" and may be taken as contraband. And, while I had been told issues 125 and 126 were sent to the "Captain" for approval, our mail room staff claim to know nothing about them. I mailed you the form saying they'd been denied and put in my property.
Today I learned you are not alone. After much complaining property brought me my previously denied publication, which I thought were MIM Notes. Unfortunately, what they brought me was not MIM Notes, but 2 items from the Justice Department, 3 issues of Workers World and two issues of Weekly News Update on the Americas. All had been denied me without notice, nor reason, until approved by the administration.
I would please ask you to call or write our Jail Director Halsteadt, and ask her to stop the random censorship of a legitimate newspaper, and to have y previously seized copies of MIM Notes returned to me, or provide both of us a legitimate reason of why (exactly) they can not be since, I've received other issues of the same paper....
In Struggle, but with hope!
--A Florida Prisoner, 9 Jan 97
Letters of Protest Can be sent to: Jail Director Halsteadt, Palm Beach County Jail, 3228 Gun Club Rd., West Palm Beach, FL 33406, or call her at: (561) 688-3000.
LATINO PRISONERS ALSO CONTINUE THE STRUGGLE IN FLORIDA
First of all let me make my brothers aware that here in Florida they have taken the movies and the weights from us. And they are building and have built a "Close Management Cell Block" in most of the prisons. I find myself in such a predicament. Locked up 24 hours a day with 3 showers a week and only two hours of sunshine a week.
But we are also in our struggle with the red necks that run the Florida prison system. They have made rules about letting us only receive on newspaper subscription and one magazine subscription. Well I have 3 magazine subscriptions and the "Miami Herald", but I'm stopping the Miami paper in order to receive MIM, and I'm losing money my family paid for my magazines.
But I'm keeping faith that someday we shall overcome these pigs in these close management units. They mace us with gas and they handcuff us, plus put shackles on our legs when we leave the cell all the time....
The money that was paying for the movies and weights is our money that they made from the inmate canteen, but the taxpayers complained that we had it made and that the weights were turning out "super-prisoners". Now they charge us for medical care, for legal copies. It is so bad that the weaker prisoners are giving up hope.
... I'm Cuban and I served in the US Marine Corps in this country and they treat me like shit. Also I'm HIV positive and they are denying me the new AIDS medication called Protease inhibitors. [They say it's] because it costs too much but, there are white prisoners who are receiving this treatment here in this prison.... So keep the fight going and may we overcome the pigs and their injustice system.
Respectfully,
--A Florida Prisoner, 21 Jan. 97
MAIL TAMPERING IN NEW YORK
People of MIM, ...I have been meaning to write you. In fact I did write to you once, but the pigs intercepted it, opened it, and sent it back to me. They told me that business mail must not be sealed. Needless to say, I tried to argue against their policy.
According to several law cases, the prison officials are not supposed to stop outgoing mail without following a set standard of procedure. But, because many of the prisoner in this prison system are uneducated in the law or plain old
spineless, these pigs get away with murder, yes even literally.
Needless to say, I went everywhere over everybody's head trying to find justice in this so-called justice system, and ran into nothing but brick walls. It's really hard to veat these people, but I and prisoners such as I will keep trying....
--A New York Prisoner, 6Dec97
PRISONER GIVES CENSORSHIP ADVICE
Dear Brothers and Sisters: I am writing this letter to let you that I have received the December 1st and 15th issues of MIM Notes, and also, to comment on several letters I read concerning the censorship of the paper by prisoncrats around the country.
As a prisoner who has been involved in litigation against prison administrators for nearly thirty years, I would like to suggest that you urge any prisoner denied access to MIM Notes to first exhaust their administrative remedies, and then pursue their compliant in their local federal district court. The law is quite clear as to what publication review committees may reject, and the content of the paper does not meet that standard.
Also, it is more than a tad expensive for the prison's lawyers to defend a lawsuit, especially when the con learns to use the federal rules of civil procedure to obtain discovery materials; not only do you cost the state money, but additional benefits can be derived by publicizing the petty actions by these prisoncrats, while tying them up with answering your written interrogatories and submitting to oral depositions. These people (?) are used to being in control, and they get very uptight when they are put on the defensive. Lastly, it should be noted that if enough convicts sue a particular warden, his supervisors will eventually take notice that even by their standards, he is doing something wrong, and they may decide to order him to back off.
I would strongly recommend that every prisoner should obtain a copy of the Prisoners' Self-Help Litigation Manual, and study it from cover to cover. A revolution cries out for each individual to step forward and make those advances for the cause that each person is capable of accomplishing. Every person confined within these walls is capable of being a royal pain in the ass to every employee of the prisons system merely by continuously bringing complaints of illegal behavior to the attention of the court system. From censorship to disciplinary matters, the system rarely follows the law -- it is up to us to challenge the system each and every step of the way, to ensure that our constitutional rights are not taken away arbitrarily by those who are supposedly teaching us to "respect the law".
Finally it is important for each and every one of us to realize
that we should immediately refuse to accept any job assignment which
furthers the objectives of the prison system. The gulag system itself
would come to a screeching halt if we refused to work as plumbers,
painters, carpenters, electricians, and cooks. While they may force
me to push a broom, I refuse to share my knowledge with my
captors, and I will do nothing that a free-world civilian should
be doing. I will do everything within my ability to confront the
system till my last dying breath, and then, hopefully, I will have
inspired at least one person to continue to follow in my footsteps.
-- An Illinois Prisoner, 7 Jan 97