PHONE ZAP STARTS 1 AUGUST 2021 more
info
In the past few years censorship in TDCJ has reached epic
proportions. In March 2020, the board on criminal justice enacted new
restrictive policies regarding mail correspondence, greeting cards, and
receiving monies. After a year of wide-spread resistance to this fascist
policy, an exposé was written by Kerri Blessinger of the Houston
Chronicle’s criminal justice department along with an inside comrade of
the National Freedom Movement - TX Chapter.
The public outcry that resulted from this article which spoke
specifically to the denial of greeting cards, moved TDCJ officials to
annul this restrictive policy and now captives are again allowed to
receive cards.
If the story ended there, things would be all well. Unfortunately,
TDCJ officials have sought to retaliate against the prisoner population
by instituting even more arbitrarily restrictive regulations.
Set to take effect on 1 August 2021, the newly amended Board
Policy(BP) 3.91 will effectively ban ANY/ALL publications, photos,
drawings, and images that We could possibly receive. This amendment bans
any items showcasing thongs, lingerie, buttocks, sex toys, or bodily
fluids, as well as photos that hides someone’s face.
Nearly all publications and photos one gets are subject to this rule.
Harmless publications such as US Weekly, OK, National Geographic, Muscle
Fitness, etc can/will be denied due to this rule. Accordingly, this
denies TDCJ captives their visual stimuli, in the case of isolated
captives in RHU/solitary such persyn will have NO visual stimuli at
all.
The politicized prisoner collective known as Tx T.E.A.M.O.N.E. is
calling ALL prisoners in teKKK$a$ to join Us and the souljas on ALLRED
seg in Our campaign. We are striving to amass 75,000 grievances on this
issue. Included please find a sample of a step 1, shortly We will
distribute a step 2 and a petition to be sent to TDCJ Director of CID
and the Chairman of TDCJ. We must showcase a show of solidarity as
teKKK$a$ captives.
Offender Name:____________________ TDCJ#___________________
Unit:_________________________ Housing Assignment:____________ Unit
where incident occurred:______________________
who did you talk to?_________________________When?________________
What was their response?________________________________________________
What action was taken?________________________________________________
sample: BP-3.91, amended on 6/25/21, goes into effect on 8/1/21, and
effectively bans ANY/ALL publications, photos, drawings and images that
we could possibly receive. This edict is in direct violation of our
First Amendment rights against censorship, and fails to satisfy the
four-part Turner test as TDCJ officials have failed to justify
this policy.(see: TURNER V. SAFELY, 482 U.S.78(1987))
TURNER QUESTION ONE: Is the regulation reasonably related to a
legitimate, neutral government interest? These magazines are non-nude,
and are commonplace with no age requirement to purchase them. Thus, TDCJ
cannot possibly believe such magazines may cause disorder or violence,
or will hurt a prisoner’s rehabilitation. Prisoners have a right to
non-obscene, sexually explicit material that is commercially produced,
MAURN V. ARPAIO, 188 F.3d 1054(9th Circ.1999).
TURNER QUESTION TWO: Does the regulation leave open another way for
you to exercise your constitutional rights? No. As an Ad-Seg inmate, the
only visual stimuli we receive are pictures and magazines. Yet the very
images that are being banned are the EXACT same content any observer can
see on TV. Newspapers have circulars with bra sales, etc. Effectively
banning those as well. BP-3.91 destroys our ONLY visual link to the
outside world.
TURNER QUESTION THREE: How does the issue impact other prisoners,
prison guards, or officials and prison resources? BP-3.91 treats ALL
inmates, especially Ad-Seg, like sex offenders and pedophiles, creates
unrest throughout the prison population, and punishes non-sex offenders,
while GP sex offenders still see images that arouse them on TV. It
punishes normal inmates while missing the intended targets.
TURNER QUESTION FOUR: Are there obvious easy alternatives to the
regulation that would not restrict your rights to free expression? Yes.
Restrict these BP-3.91 original to the Grievance DEPT. on (date) copy to
my records BP-3.91 is too vague, encompassing a littany of
correspondence (see: Alello V. Litacher, 104 F. Supp. 2d1068,
1045-81(W.D.Wis.2000) which struck down similar ban). BP-3.91
actually says, “Any photo that conceals or hides the face of the
individual photographed in a manner that prevents identification of that
person.” What penological interest does this serve? And during a
pandemic when people are still wearing masks?
Action Requested: That the DRC and TDCJ repeal or annul BP-3.91 in
its amended form as it does NOT pass the supreme court’s TURNER
test.
ALL TDCJ inmates should file a grievance on this issue, it affects
all genders and sexualities as pics with an erection will not be
allowed. The paper trail begins now, and We may have to file a class
action on this issue. By all means, COMBAT GENOCIDE!!
UPDATE: Grievance officers here are saying this is
not a grievable matter. THIS IS NOT TRUE. We suggest that if others run
into this problem they should write i60 informing the GR.DEPT that the
Offender Grievance Operations Manual (OGOM) says that policy is
grievable, due to the fact that We are grieving the unit’s
interpretation of the new board policy. Prisoners should also see
Thornburgh V. Abbot, 490 U.S. 401 (1989). Be sure to attach the
returned step 1 to i 60.
Here officers are also saying that we can’t grieve it because the
policy isn’t effective yet, and we can do so on 8/1 when policy goes
into effect. This policy must be resisted on all fronts on all units.
[By the time you receive this it will be in effect.] A separate, more
extensive petition has also been submitted to the Deputy Executive
Director and a phone zap was scheduled to occur on 1 August by outside
supporters.