Suggestions for Challenging BP-03.91 and Beyond
Dear Comrades, I have read updates, in the ULK winter 2021, No. 75, and feel the need to clarify things. The nomenclature used in BP-03.91, and the definitions provided within it, are being bent and ambiguously used by both prisoner and TDCJ staff alike. The policy itself is so ambiguous, one would have to guess at how to uniformally enforce it.
The only difference made in the new policy is how ‘sexually explicit’ is defined. I am enclosing a verbatim copy of BP 03.91 as it is currently worded on this date. I witnessed an arbitrary enforcement of this policy on the Michael Unit and have even heard improper incorrect references, by mail staff on the Coffield Unit of what was ‘sexually explicit’. This shows me that even TDCJ staff are ill-informed about what the policy is and its purpose. I had written the Texas Board of Criminal Justice a few months back and they referred my letter to the, now in-house, Ombudsman office. I would encourage all ‘brothers in white’ to familiarize themselves with the policy by reading it themselves in the unit Law Library. (as well as reading ALL of the policies that are currently in place. Simply request the ‘Index of current TDJC policies’).
The injunctions that I have knowledge of, filed against the BP-03.91, argued on the ambiguous nature and verbage of the policy. Images that cause ‘sexual arousal’ are inherently broad. (Hell, I had caught a girlfriend of mine, masturbating to Metalacolypse!)
While arguing the ambiguity of the policy is one undeniable argument, I suggested to a team of litigants to also attack the apparent objective of the policy. To curb anything that ‘sexually arouses’, well, anyone! Banning officers from ‘outrageous’ or ‘extreme’ hairdos, make-up, jewelry, etc. tight pants, or even suggesting that female officers not work in male prisons (no male officers in the female prisons) but even then you would not be able to curb even same sex arousal. It is in applying this argument that we see just how illogical it is to curb ‘sexual arousal’. Exacerbating the ridiculousness of the argument will force them to define and refine the definition of the policy and there is no way that you would be able to legally define ‘cleavage’ as censorable under the First Amendment.
While these are my own thoughts and opinions, I do hope to help as many comrades in their legal efforts. This isn’t something that a phone call will fix but we can change things with well-thought-out litigation. It takes time, but most of us have nothing but time. Intellectuals fight with their words. Learn to use them and wield them with effective effort.
At the current moment i am not involved in any active litigation as my time and energy is currently invested in criminal matters, however, I try to keep up with what is going on to know our environment. I want to thank ALL of you who keep us connected through organization, correspondence, etc. Without you we would most likely be more lost to the cause than anyone could imagine. The support you provide is priceless.
Nothing worth fighting for is ever easily won. Policies are a fraction of the fight. Laws are another. But the biggest fight we face is ignorance. Our own and of the population. This is readily apparent in the policies and laws we find ourselves fighting against. It is a reason for the mission of MIM.
Always onward with more audacity!
Stop Censorship of Non-Nude Publications and Photos - Repeal BP-3.91
This article referenced in: