人兽性交 urges court to uphold decision that struck down unconstitutional money bail system in Harris County, Texas
The 人兽性交 today filed a friend-of-the-court supporting a judge鈥檚 decision that prevents Harris County, Texas from holding misdemeanor defendants in jail simply because they cannot afford bail.
The case has the potential to reshape bail practices across the United States. Harris County is home to Houston, America鈥檚 fourth-largest city.
鈥淗arris County鈥檚 bail system is another example of a local government punishing poor people because they could not buy their way out of jail before their trial,鈥� said Micah West, staff attorney for the 人兽性交, which has successfully encouraged to change their money bail practices. 鈥淭his process brazenly prioritizes money over liberty. It fails to take into account whether a defendant is a flight risk or a danger to public safety.鈥�
In May 2016, the Civil Rights Corp filed a federal lawsuit challenging 鈥減ay or stay鈥� money bail practices in Harris County on equal protection grounds. The case was initially filed on behalf of , a young mother who was detained in the Harris County Jail when she could not afford to post $2,500 bail after she was charged with driving with a suspended license. Other defendants in similar circumstances later joined the lawsuit.
On April 28, 2017, following an eight-day trial, U.S. District Judge Lee H. Rosenthal granted the plaintiffs鈥� amended motion for preliminary injunction, finding Harris County鈥檚 bail system unconstitutional and discriminatory against the poor.
She also certified the matter as a class-action lawsuit. Harris County has appealed the preliminary injunction to the 5th U.S. Circuit Court of Appeals. Six states, as well as the American Bail Coalition, Professional Bondsmen of Texas, and Professional Bondsmen of Harris County have filed amicus briefs in support of Harris County and reversal of the district court鈥檚 decision.
On June 7, U.S. Supreme Court Justice Clarence Thomas denied Harris County鈥檚 application to stay a preliminary injunction issued by a federal judge that required the release of people who were awaiting trial on misdemeanor charges and could not pay bail. Hundreds of people charged with minor offenses have been released from jail following the order.
The 人兽性交 filed its friend-of-the-court brief supporting the judge鈥檚 order in the 5th U.S. Circuit Court of Appeals with several other organizations, including the American Civil Liberties Union (ACLU), the ACLU of Texas and the Lawyers鈥� Committee for Civil Rights Under Law.
The case illustrates a national effort to end unconstitutional money bail practices. U.S. Sens. Kamala Harris and Rand Paul introduced a last month that would provide incentives for state and local governments to replace or reform their money bail systems.
