Abbott’s order blocking Texas inmates’ release is unconstitutional, ACLU says in suit
The ACLU of Texas filed a lawsuit Wednesday against Gov. Greg Abbott over his executive order that barred the release of certain people from jail to reduce the spread of coronavirus.
Abbott banned the release of those who cannot pay bail on March 29. People awaiting trial who have been accused or previously convicted of a violent crime that cannot post bail in cash are not able to be released, even if they’re accused of a low-level crime. However, someone facing the same charges or with the same criminal history can be released as long as they are able to post bond with cash.
The ACLU of Texas says that makes the order unconstitutional.
The Tarrant County Sheriff’s Office has been releasing nonviolent inmates who made bail or could reach a plea agreement, and keeping those who pose no threat from being booked into jail. At the end of the March, the jail had the lowest population in two years.
While Tarrant County’s jail has not reported any COVID-19 cases, Harris County and Dallas County jails are struggling to contain outbreaks.
Many police departments, including Fort Worth’s, were doing their best not to jail nonviolent, low-level offenders to help fight the pandemic.
When he announced the order, Abbott said at a news conference that “releasing dangerous criminals makes the state even less safe ... and slows our ability to respond to the disaster caused by COVID-19.”
But the ACLU of Texas says Abbott’s order exceeds his constitutional authority and creates a system that favors the wealthy.
Per the Texas Constitution, judges typically decide who can be released on personal bonds. Abbott’s order contradicts that state law, the ACLU said in the press release, and Abbott does not have that authority even during an emergency.
“At a time when public health experts agree that limiting the population in jails is critical to prevent outbreaks of COVID-19, this order ties local officials’ hands in trying to mitigate the impact of the pandemic for all Texans and prevent loss of life,” said Andre Segura, legal director for the ACLU of Texas, in the press release. “Under this order, those unable to afford bail are required to ride out a pandemic in the dangerous setting of a jail, while wealthier people are able to buy their way out.”
The order also disproportionately impacts people of color and poor people, the suit says.
“These individuals, many of whom are legally innocent, have the right to petition for their freedom—a right that the governor has unconstitutionally taken from them. The governor must be prohibited from enforcing this executive order,” Arthur Ago, criminal justice project director for the Lawyers’ Committee for Civil Rights Under Law, said in the press release.
The lawsuit was filed in the State District Court of Travis County on behalf of the misdemeanor magistrate judges of Harris County, three criminal defense non-profit organizations and the NAACP of Texas. Texas Fair Defense Project, the ACLU’s Criminal Law Reform Project and the Lawyers’ Committee for Civil Rights Under Law joined the suit.
This story was originally published April 8, 2020 at 2:06 PM.
