Paul DeMarco: Alabama lawmakers should listen to citizens, not ACLU, when it comes to public safety
This past week the ACLU of Alabama issued a report critical of the Alabama Legislature’s approach to the criminal justice system. What was the ACLU’s beef with lawmakers? They argued that too many recent bills considered by the legislature would make it easier to put people in jail for breaking the law. The types of bills they disparaged were proposed to make the public safer. For example, they criticized passage of the Nick Risner Act, which prevents an inmate convicted of killing someone with a deadly weapon from being released early under Alabama’s “good time law.” Too many inmates convicted of violent crimes have gotten out of prison early, only to commit more of the same and create more victims. Sheffield Police Sgt. Nick Risner was shot and killed in the line of duty in October of 2021. The man charged with his murder had served only three years of a 10-year sentence for manslaughter when he was released from prison. The felon was released early on “good time” incentives which will now be restricted since the bill was signed into law by Governor Kay Ivey. Violent crime around the Nation has spiked, and one of the reasons has been the constant attack on law enforcement and the reduction of the number of police officers patrolling our streets. Alabama state representatives and senators need to take a hard pass on the ACLU and listen to their constituents who support their law enforcement officers and want public safety strengthened, not weakened. The ACLU pushes misguided policies that have been implemented and miserably failed in other places such as Minneapolis and New York City. Plus, victims’ rights advocates and prosecutors are in a far better position to recommend to legislators what is needed to address crime rather than a group like the ACLU, whose ideas have proven to lead to increases in violent crime and the number of victims. Another legislative session is around the corner. Voters should make it clear that crime is out of control in our state and that Alabama leaders should make public safety their most important priority. Paul DeMarco is a former member of the Alabama House of Representatives and can be found on Twitter @Paul_DeMarco.
Texas-like abortion bill would let citizen sue providers
A group of Alabama lawmakers have proposed legislation similar to a Texas law that would ban most abortions and allow anyone to file civil lawsuits against violators and collect damages. Alabama is the latest GOP-led state to see lawmakers propose legislation to mimic the Texas law and its novel citizen-enforcement provision. The U.S. Supreme Court on Friday left in place Texas’ ban on most abortions but said providers could sue to challenge the ban. A Texas judge on Thursday ruled the citizen enforcement mechanism is unconstitutional but left the near-total ban on abortions in place. The bill titled the “Alabama Heartbeat Act” was filed ahead of the 2022 legislative session. It would prohibit medical providers from performing an abortion once cardiac activity is detected, usually around six weeks and before some women know they are even pregnant. The measure would allow private citizens to file civil lawsuits against anyone who “aids or abets” an abortion and to collect at least $10,000 in damages for each performed abortion. Providers in Texas say abortions have become virtually inaccessible since the law was signed. Republican Rep. Jamie Kiel of Russellville, the primary sponsor of the legislation, said the bill mirrors the Texas law, noting that it has not been struck down yet. “A recent (National Public Radio) article reported that in the 101 days since the law was enacted, 75-100 babies are now being saved every day in Texas. That’s what I want for Alabama. To protect the right to life of the 16 babies who are murdered here daily,” Kiel said. Twenty-three Republicans in the 105-member House of Representatives have signed on as sponsors of the bill. Kaitlin Welborn, a reproductive rights attorney with the American Civil Liberties Union of Alabama, urged lawmakers to reject the proposal and said it will be quickly challenged if it passes. “Alabama legislators have filed a bill that bans abortion at 6 weeks of pregnancy and pits neighbor against neighbor in an illegal bounty-hunting scheme. HB 23 mirrors the anti-abortion legislation that most recently passed in Texas, even though their abortion ban is deeply unpopular and blatantly unconstitutional,” Welborn said in a statement. Alabama Gov. Kay Ivey in 2019 signed into law a near-total ban on abortion in the state, with no exceptions for rape and incest, but the law was blocked from taking effect by a federal judge. The legislative session begins January 11. Republished with the permission of the Associated Press.
ACLU of Alabama sues Sec. of State John Merrill for blocking constituents on personal Twitter
President Donald Trump made headlines last summer for blocking American on Twitter for the political views they have expressed, which ultimately resulted in a successful plaintiff’s lawsuit on grounds that the action was unconstitutional and a violation of the First Amendment. Now a similar case has made its way to the Yellowhammer State. On Wednesday, the American Civil Liberties Union of Alabama filed a lawsuit on behalf of three Alabama citizens challenging Secretary of State John Merrill for blocking them on his @JohnHMerrill Twitter account, claiming as an elected government official, his actions violate the First Amendment to the United States Constitution. The plaintiffs in the suit are: Kimberly Fasking: a law student at the University of Alabama, was blocked after asking about crossover voting. Heather Melvin Boothe: was blocked for stating “Good point! Ballot has major typo.” Herbert Hicks: a farmer and educator, who was blocked after asking Merrill about a speaking engagement. “It is upsetting to me that the Secretary of State, who primarily uses his Twitter account to disseminate information on issues related to his office, has also weaponized that account by blocking those with whom he disagrees politically,” said Fasking. “It is not the Secretary of State’s job to communicate only with those who agree with him, but with all of the people of the State of Alabama. I am disappointed that I no longer have ready access to information from the Secretary of State’s office in a way that allows me to engage meaningfully on topics that I find incredibly important.” Not his official account But Merrill’s office explained to Alabama Today that the @JohnHMerrill account is in fact not the Secretary’s official Twitter account. Rather, it’s his personal account that he maintains from personal devices. While Merrill does use the account to discuss state business, such as election law, information about his duties as Alabama Secretary of State, reminders to the public about upcoming elections, he maintains the @alasecofstate account for actual, official business. John Bennett, Deputy Chief of Staff and Press Secretary for Merrill confirmed the official account has never blocked any constituents. He further shared an example of why some people were blocked on Merrill’s personal account, saying that when he shared that his father died they celebrated the news. Merrill himself weighed-in on the lawsuit Wednesday afternoon calling it a “political hack-job.” “The lawsuit filed today by the ACLU of Alabama is an attempted political hack-job,” Merrill posted on Facebook. “Members of this liberal group are attempting to create an issue concerning lack of access to public officials that simply does not exist. As every member of the media and general public who interacts with this office knows, the most important thing for an elected official to do is to remain accessible to the people of this state. That is why I always make my cell number 334.328.2787 available to all Alabamians.” He also confirmed the account noted in the suit is his personal Twitter account. “The account in question @JohnHMerrill is exclusively my account, while the account @alasecofstate is the state’s public account, and this account has never blocked anyone from viewing any of the posts on its page. The @JohnHMerrill account has remained a personal account since its creation, in October 2009,” Merrill added. “I am recognized as one of the most accessible and personally available elected officials in the history of the state of Alabama, which is why I visit all 67 counties each year. It is my desire to continue to be recognized in that way as long as I have the privilege to continue to serve in public office.” Nevertheless the ACLU contends constituents should have access to that personal account because Merrill holds a state office. “In the digital age that we live in, John Merrill as a government official does not get to pick and choose who receives information on Twitter just like he can’t kick out his constituents for their beliefs at a town hall,” stated ACLU of Alabama attorney Brock Boone. “This is a violation of the First Amendment. It is worrisome that the individual in charge of free and fair elections chooses to discriminate against individuals on social media. As the Secretary of State, Merrill should be using his platform to inform the public, not censure them. The lawsuit seeks to stop Merrill from blocking plaintiffs or others based upon whether he agrees or disagrees with their viewpoint. The case, Fasking v. Merrill, was filed in the U.S. District Court for the Middle District of Alabama on September 19, 2018. *4:35 p.m. CT: This story has been updated with Merrill’s statement.
ACLU of Alabama outlines how to cut the state’s prison population in half
Out of the 2+ million people who are behind bars in this country, about 90 percent are held in local jails and state prisons, which is why the American Civil Liberties Union (ACLU) of Alabama has released a new report outlining how Alabama in particular can cut incarceration rates in half. Currently, 28,296 people are locked up in Alabama prisons, says the ACLU of Alabama. According to the Alabama Department of Corrections (ADOC), state facilities are are at 160 percent of their intended occupancy — the most overcrowded system in the country — as they’re collectively designed to hold only only 13,000 prisoners. The ACLU of Alabama says prosecutors, judges, the state’s parole board and state lawmakers have the ability to change these stats if they pursue reforms like changing drug sentencing laws and sentencing enhancement laws, reducing sentencing ranges, and addressing its juvenile justice system. The new report is a part of the ACLU’s Smart Justice 50-State Blueprints project, a comprehensive, state-by-state analysis of how states can transform their criminal justice system and cut incarceration in half. In the coming weeks, the ACLU of Alabama will convene briefings with advocates and policymakers to share the findings of the Blueprint and discuss strategies on how to move the criminal justice reform agenda further forward. “If Alabama were to follow these and other reforms in this Smart Justice 50-State Blueprint, 12,511 fewer people would be in prison in Alabama by 2025, saving nearly $470 million that could be invested in schools, services, and other resources that would strengthen communities,” reads the report’s website. According to the report, Alabama can dramatically reduce its prison population by implementing just a few sensible reforms: Reducing the amount of time people spend in prison by reforming harsh drug laws by amending the criminal code Doing away with direct and discretionary transfers of juveniles to adult court. Increasing the value threshold that defines whether a property offense is a misdemeanor or a felony. Eliminating or significantly scaling back mandatory minimum sentences. Repealing Alabama’s Habitual Felony Offender Act, which is one of the most punitive habitual offender laws in the country. Releasing aging people in prison who pose no threat to public safety. Looking back 2015, more than 70 percent of people in Alabama county jails had not been convicted of a crime and were still awaiting trial. According to the ACLU of Alabama, “practices like this that are funneling more people into prison and having them stay there for longer and longer periods of time is creating a strain on Alabama’s budget.” In fact, in 2016, Alabama spent nearly half a billion dollars of its general fund on corrections, which represents an increase of 126 percent since 1985, a figure that far outpaces growth in spending on higher education. “Alabama voters, advocates, policymakers, and prosecutors have a crucial choice to make: continue our over-reliance on incarceration that is stifling our state and hurting our communities, or move forward by building a new, more compassionate, more humane systems of accountability that puts people before prisons,” said Randall Marshall, executive director of the ACLU of Alabama.
