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Homophobia and the Prisoners' Rights Movement

by Kevin Weaver
Posted July 19, 2001.
Homophobia and the Prisoners\' Rights Movement

On July 18, members of California Prison Focus, along with many others in the prisoner advocacy community received a press release from the group Common Ground in Arizona announcing the filing of a lawsuit against Arizona Sheriff Joe Arpaio and Maricopa county. As some of you know, Joe Arpaio is the [racist], sadistic, right wing Sheriff who thinks his job is to humiliate and torture prisoners in his jail as much as possible. We support the actions of any group who seeks to claim damages against him and his department while pushing for change.

However, there was an unfortunate choice of words in the press release that we strongly object to. In particular, we object to wording that equates gays and lesbians to racists and obscene pornography. The text follows:

\"Sexual harassment is rampant and jail staff either ignore it or condone it; sometimes participating in it. Pornographic, racist, gay and lesbian sites are linking their sites to the jailcam site for use of detainee\'s images for their own commercial and/or prurient interests.\"

As soon as we saw the press release, we felt compelled to respond. A lesbian member of our group called Donna Hamm of Middle Ground. Unfortunately, Donna became defensive, telling our member that it was \"no big deal in the larger context of the real fight\". Donna then asked facetiously if we thought she should print a media retraction to the press release to which the CPF member said no, but perhaps Donna could agree not to do it again. At that point, the Middle Ground Director ended the conversation by abruptly hanging up.

We in the prisoner rights and anti-prison movement often realize how hard it is to work for social change when so much of the odds are stacked against you. Nevertheless, we are defined by the language that we use and consciously or unconsciously, we should not fall into the traps of homophobia, sexism or racism.

So while we support the efforts of Middle Ground in their lawsuit, we ask that they do so without scapegoating, slandering, or bashing gays and lesbians in the process.

Sincerely,

Kevin Weaver
HIV/Hepatitis C in Prison Committee
California Prison Focus
San Francisco

The text of the press release is below:

MIDDLE GROUND FILES $1.3 BILLION LAWSUIT AGAINST MARICOPA COUNTY SHERIFF

For Release May 24, 2001

Contact: Donna Leone Hamm (480) 966-8116

Ulises Ferragut, Jr. : (602) 324-5300

Middle Ground Prison Reform and local attorneys Ulises Ferragut, Jr. and Cynthia Leyh have joined forces to file a $1.375 billion dollar law suit against Maricopa County and Sheriff Joe Arpaio, on behalf of an estimated 55,000 or more detainees who\'ve passed through the booking, intake, and holding cell areas of the Madison Street Jail since November 24, 2000, when the lawsuit timeframe begins for the use of commercial web cameras in the jail\'s booking and holding cells. The lawsuit alleges that Arpaio violated state law by using cameras for other than security purposes, in rooms where persons are dressing, using the toilet, etc., which is a Class 5 felony.

The lawsuit also challenges the conditions of confinement in the holding cells for pregnant women and those with disabilities or injuries; accuses the sheriff of fostering sexual harassment and a sexually hostile environment for male and female prisoners; accuses the sheriff of failure to separate juvenile arrestees from adults, and accuses the sheriff of mixing male and female inmates, all of which are violations of state law in Arizona. The suit seeks to immediately and permanently enjoin the sheriff and seeks monetary damages in the amount of $25,000/ plaintiff from each defendant. There are two defendants: Joe Arpaio, in his official capacity, and Maricopa County.

The named plaintiffs, more than a dozen people who have been detained recently in the holding cells at the Madison Street Jail, seek to be have the court declare the lawsuit to be eligible for class action status. It is estimated that since the inception of the webcams alone (in July 2000), more than 90,000 individuals have passed through the booking and holding cell areas of the jail, and their images have been used for commercial purposes - without their knowledge or consent
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