Jackson Free Press

The following is a verbatim press release from the American Civil Liberties Union.

ATLANTA – The American Civil Liberties Union today filed a federal lawsuit challenging debt collection practices that have resulted in the jailing of people simply because they are poor. The case was brought on behalf of Kevin Thompson, a black teenager in DeKalb County, Georgia, who was jailed because he could not afford to pay court fines and probation company fees stemming from a traffic ticket.

"Being poor is not a crime. Yet across the county, the freedom of too many people unfairly rests on their ability to pay traffic fines and fees they cannot afford," said Nusrat Choudhury, an attorney with the ACLU's Racial Justice Program. "We seek to dismantle this two-tiered system of justice that punishes the poorest among us, disproportionately people of color, more harshly than those with means."

The ACLU charges that DeKalb County and for-profit Judicial Correction Services Inc. (JCS) teamed up to engage in a coercive debt collection scheme that focuses on revenue generation at the expense of protecting poor people's rights.

The U.S. Supreme Court ruled more than 30 years ago that locking people up merely because they cannot afford to pay court fines is contrary to American values of fairness and equality embedded in the 14th Amendment to the U.S. Constitution. The court made clear that judges cannot jail someone for failure to pay without first considering their ability to pay, efforts to acquire money, and alternatives to incarceration.

No such consideration was given to Thompson, who was locked up for five days because he could not afford to pay $838 in fines and fees to the county and JCS – despite the fact that he tried his best to make payments. The lawsuit charges that Thompson's constitutional rights to an indigency hearing and to counsel were violated by DeKalb County, JCS, and the chief judge of the local court that sentenced him to jail.

"What happened to me, and others like me who try their best to pay fines and fees but fall short, is unfair and wrong," said Thompson. "I hope this lawsuit will help prevent other people from being jailed just because they are poor."

These debt collection practices have had a devastating impact on people of color in the Atlanta metropolitan area. While blacks make up 54 percent of the DeKalb County population, nearly all probationers jailed by the DeKalb County Recorders Court for failure to pay are black – a pattern replicated by other Georgia courts.

"In a country where the racial wealth gap remains stark, the link between driving while black and jailed for being poor has a devastating impact on communities of color," said Choudhury.

The case, Thompson v. DeKalb County, was filed in U.S. District Court in Atlanta. It names DeKalb County, Chief Judge Nelly Withers of the DeKalb County Recorders Court, and Judicial Correction Services Inc. as defendants. Rogers & Hardin LLP, the ACLU of Georgia, and Southern Center for …

A previously failed proposal that aims to abolish abortion has resurfaced this legislative session.

State Rep. Randy Boyd, R-Mantachie, introduced a so-called Personhood bill in the form House Bill 1309, which would amend the state constitution to define a person as beginning at the moment of conception.

Boyd's bill number is reminiscent of a bill passed in 2012, House Bill 1390, which required physicians at abortion clinics to have admitting privileges to nearby hospitals.

Critics of Boyd's bill point to the failure to achieve a Personhood law through a statewide ballot initiative in 2011. During that drive, a proposed Personhood amendment to the state constitution failed to garner enough votes to become law. Later, in 2013, a group attempted to get the measure back on the ballot but missed a key deadline. Subsequent Personhood bills in the Legislature have also failed to gain traction.

Personhood has gained national attention not only because it would outlaw abortion in violation of the U.S. Supreme Court's 1973 decision in Roe v. Wade, but because of the law's unintended consequences. Because such a law would also define a fertilized egg as a person, it could bring to question the legality of birth control pills, Plan B, and some methods of in-vitro fertilization, reproductive-justice advocates say.

The 2012 Mississippi admitting privileges law would have closed the last abortion clinic in the state, Jackson Women's Health Organization, because nearby hospitals refused to grant privileges to them. But the clinic fought the law, which resulted in a U.S. District Court striking it down. A federal appeals court upheld the decision and Mississippi's attorneys have not announced whether the state would appeal to the U.S. Supreme Court.