<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN">
<html>
<head>
<meta http-equiv="content-type" content="text/html; charset=windows-1252">
</head>
<body bgcolor="#ffffff" text="#000000">
<h1 class="headline entry-title">Prison lockdowns can't be based on race</h1>
<h5 class="byline"><span class="name">Bob Egelko</span></h5>
<small><a class="moz-txt-link-freetext" href="http://www.sfgate.com/crime/article/Prison-lockdowns-can-t-be-based-on-race-4221832.php">http://www.sfgate.com/crime/article/Prison-lockdowns-can-t-be-based-on-race-4221832.php</a></small><br>
<h5 class="timestamp updated" title="2013-01-24T17:09:11Z"> Published
5:09 pm, Thursday, January 24, 2013</h5>
California's maximum-security prisons must treat inmates of all racial
groups equally and may not - except in a short-term emergency - lock
inmates down or deny them visitors, work assignments and other
privileges based on their race, a state appeals court has ruled.
<div class="hst-articlebox">
<div class="hst-articletools">
<div style="float: left; width: 60px;"><span class="IN-widget"
style="line-height: 1; vertical-align: baseline; display: inline-block; text-align: center;"><span
style="margin: 0px ! important; padding: 0px ! important; text-indent: 0px ! important; display: inline-block ! important; vertical-align: baseline ! important; font-size: 1px ! important;"><span
id="li_ui_li_gen_1359131131874_1-container" class="IN-top IN-empty"><span
id="li_ui_li_gen_1359131131874_1" class="IN-top"><span
id="li_ui_li_gen_1359131131874_1-inner" class="IN-top"><span
id="li_ui_li_gen_1359131131874_1-content" class="IN-top"></span></span></span></span></span><span
style="margin: 0px ! important; padding: 0px ! important; text-indent: 0px ! important; display: inline-block ! important; vertical-align: baseline ! important; font-size: 1px ! important;"><span
id="li_ui_li_gen_1359131131861_0"><a
id="li_ui_li_gen_1359131131861_0-link" href="javascript:void(0);"><span
id="li_ui_li_gen_1359131131861_0-logo"></span><span
id="li_ui_li_gen_1359131131861_0-title"><span
id="li_ui_li_gen_1359131131861_0-title-text"></span></span></a><br>
</span></span></span></div>
</div>
</div>
<div class="hst-articletext">
<div id="fontprefs_top" class="georgia md">
<div id="text-pages">
<div style="display: block;" class="page">
<p>Wednesday's decision by the First District Court of Appeal in San
Francisco specifically addressed Pelican Bay State Prison in Del Norte
County. The warden had issued a series of orders restricting activities
of all inmates in a particular racial or ethnic group, citing violence
by racially defined prison gangs.</p>
<p><a
href="http://www.sfgate.com/?controllerName=search&action=search&channel=crime&search=1&inlineLink=1&query=%22Superior+Court%22">Superior
Court</a> Judge <a
href="http://www.sfgate.com/?controllerName=search&action=search&channel=crime&search=1&inlineLink=1&query=%22Robert+Weir%22">Robert
Weir</a> prohibited those orders 18 months ago, saying inmates can be
locked up or denied freedom of movement for their behavior but not for
their race. The appeals court upheld his decision in a ruling that
applies to all prisons with similar policies.</p>
<p>The impact could be widespread. Attorney <a
href="http://www.sfgate.com/?controllerName=search&action=search&channel=crime&search=1&inlineLink=1&query=%22Rebekah+Evenson%22">Rebekah
Evenson</a> of the nonprofit Prison Law Office said there have been
more than 500 racially based lockdowns and similar restrictions imposed
at men's prisons in California in the last two years.</p>
<p>"They're treating everyone as a gang member based on the color of
their skin," she said.</p>
<p>Prison officials insist their orders are based on gang affiliation,
not race. <a
href="http://www.sfgate.com/?controllerName=search&action=search&channel=crime&search=1&inlineLink=1&query=%22Terry+Thornton%22">Terry
Thornton</a>, spokeswoman for the state <a
href="http://www.sfgate.com/?controllerName=search&action=search&channel=crime&search=1&inlineLink=1&query=%22Department+of+Corrections+and+Rehabilitation%22">Department
of Corrections and Rehabilitation</a>, said it adopted a policy in
October declaring that restrictions on inmates "shall not target a
specific racial or ethnic group unless there is a legitimate
penological reason for doing so."</p>
<p>The Prison Law Office has challenged the department's implementation
of its current policy in a separate federal lawsuit.</p>
<p>In Wednesday's ruling, the court acknowledged that prisons have
broad authority to take security measures against gang violence,
including racial violence.</p>
<p>But Pelican Bay imposed "restrictions on all members of a racial
group for extended and indefinite periods" without any attempt to
determine whether they belonged to a gang or were responsible for the
violence, said <a
href="http://www.sfgate.com/?controllerName=search&action=search&channel=crime&search=1&inlineLink=1&query=%22Justice+Stuart+Pollak%22">Justice
Stuart Pollak</a> in the 3-0 decision.</p>
<p>"Racial classifications threaten to stigmatize individuals by reason
of their membership in a racial group and to incite racial hostility,"
Pollak said, quoting a U.S. Supreme Court ruling. </p>
<p>He said many of the Pelican Bay restrictions, like a ban on outside
visitors for months or years at a time, "appear primarily punitive."</p>
<p>The ruling includes an exception, which Weir had also approved,
allowing the prison to separate inmates by race during brief
emergencies, as long as no race is treated preferentially. </p>
<p>California prisons formerly segregated inmates by race during their
first 60 days in a prison, but the U.S. Supreme Court declared that
practice unconstitutional in 2005. Despite the ruling, inmate housing
remains racially segregated at Pelican Bay and other maximum-security
prisons, the appeals court said.</p>
<p>The court said Pelican Bay has also disregarded a 2004 ruling by
another appeals court panel banning racially based lockdowns, the focus
of Wednesday's decision.</p>
<p>After a fight in August 2008 between members of Northern and
Southern California Latino gangs, the warden barred or limited
different racial groups' access to visitors, work assignments, phone
calls, prison canteens and exercise yards for nearly three years, until
Weir's July 2011 order. </p>
<p>There have been no reports of major racial clashes at the prison
since then.</p>
<p>Read the ruling at <a
href="http://www.courts.ca.gov/opinions/documents/A132816.PDF">www.courts.ca.gov/opinions/documents/A132816.PDF</a>.</p>
<p class="dtlcomment">Bob Egelko is a <a
href="http://www.sfgate.com/?controllerName=search&action=search&channel=crime&search=1&inlineLink=1&query=%22San+Francisco+Chronicle%22">San
Francisco Chronicle</a> staff writer. E-mail: <a
href="mailto:begelko@sfchronicle.com">begelko@sfchronicle.com</a></p>
<div
style="border: medium none ; overflow: hidden; color: rgb(0, 0, 0); background-color: rgb(255, 255, 255); text-align: left; text-decoration: none;"><br>
Read more: <a style="color: rgb(0, 51, 153);"
href="http://www.sfgate.com/crime/article/Prison-lockdowns-can-t-be-based-on-race-4221832.php#ixzz2J0QGxDFn">http://www.sfgate.com/crime/article/Prison-lockdowns-can-t-be-based-on-race-4221832.php#ixzz2J0QGxDFn</a><br>
</div>
</div>
</div>
</div>
</div>
<font size="+1"><big><b>***************************************<br>
Appeals court upholds order to end race-based prison practices<br>
<br>
</b></big> January 23, 2013 | 2:51 pm<br>
<small><small><small><a class="moz-txt-link-freetext" href="http://latimesblogs.latimes.com/california-politics/2013/01/appeals-court-uholds-order-to-end-race-based-prison-practices-ff.html">http://latimesblogs.latimes.com/california-politics/2013/01/appeals-court-uholds-order-to-end-race-based-prison-practices-ff.html</a></small></small></small><br>
<br>
<br>
A California appeals court Wednesday upheld an order for the state's
super-max prison to stop punishing inmates by race, following four-year
lockdowns of southern Latino inmates because officials feared their
gang ties.<br>
<br>
The warden of Pelican Bay State Prison contended race-based practices
were forced by "long-standing and constant hostilities between rival
Hispanic prison gangs," whose "repeated efforts to attack each other at
every opportunity" threaten prison safety.<br>
<br>
California prison manuals identify seven prison gangs along racial
lines, including Latino inmates from Southern California with the
Mexican Mafia and Northern California Latinos with La Nuestra Familia.
A Del Norte County trial court found Pelican Bay "has an unwritten
policy of using race as the primary factor determining housing
assignments, activity levels, and restrictions among the general
population of inmates."<br>
<br>
The trial court found a prison committee divides inmates in five racial
or ethnic groups: white, black, northern Latino, southern Latino, and a
fifth group of mostly Asian inmates. Cells are even color-coded by
those assignments, such as red for southern Latinos. Prison officials
testified that the system merely reflects the way inmates themselves
break into groups.<br>
<br>
The court case was filed by the Prison Law Office on behalf of a Latino
inmate who was denied visits and other privileges because of his race,
and contended the prison uses race "as a proxy for gang membership"
without proof of any gang affiliation.<br>
<br>
[Updated 4:55 p.m. Jan. 23: State prison officials responded by calling
management of gang-related violence "complex and challenging." Agency
spokeswoman Terry Thornton said the California Department of
Corrections and Rehabilitation is reviewing the decision, to decide if
updated policies address the issues raised by the court, and whether to
appeal to the California Supreme Court.<br>
<br>
While the San Francisco appellate court concurred Wednesday that
racially motivated violence is a problem at Pelican Bay, the justices
said the prison takes the practice too far, using race to segregate
prisoners, deny family visits and to issue assignments for work,
religious services and yard time years at a time.<br>
<br>
Pelican Bay imposed a general lockdown after a 2000 prison riot, but
only southern Latino inmates were kept on lockdown and denied exercise
for four years after. At another time, only Asian inmates were given
work assignments and the privileges that go with them. Those practices
were to end under a 2005 U.S. Supreme Court ruling, but were
reinstituted at Pelican Bay sometime before 2009.<br>
<br>
The appellate decision notes Pelican Bay has been ordered to cease
race-based practices as far back as 10 years ago.<br>
<br>
"If the warden doesn’t cease these racially discriminatory practices he
will be in contempt of court," said Don Specter, lead attorney in the
case for the Prison Law Office.<br>
<br>
</font><a
href="http://latimesblogs.latimes.com/california-politics/2013/01/appeals-court-uholds-order-to-end-race-based-prison-practices-ff.html"
target="_blank">http://latimesblogs.latimes.com/california-politics/2013/01/appeals-court-uholds-order-to-end-race-based-prison-practices-ff.html</a><span
class="HOEnZb"><font color="#888888"><br>
</font></span>
</body>
</html>