Postcard Only Mail Policy Upheld by Florida Federal Court
Postcard Only Mail Policy Upheld by Florida Federal Court
A Florida federal district court granted summary judgment in favor of a past-card only mail policy implemented by The Palm Beach County Sheriff’s Office (PBSO).
The court’s order came in a lawsuit filed by a private citizen, Richard C. Althouse, who sought to correspond with persons housed at PBSO’s jail. At issue was the “postcard only” policy implemented on September 19, 2011.
The policy allows detainees and prisoners to receive an unlimited number of postcards without any restrictions on their content. The postcards must be between 3.5 x 5 inches and 4.25 x 6 inches, be solid color (no photos, art, or graphic designs), and must be written or typed in blue or black ink only.
PBSO contends that since implementation of the policy it has had fewer attempts to introduce contraband through envelopes. Althouse conceded the postcard policy is related to a legitimate penological interest, but he contested the rational connection. He pointed out that the policy has not completely eliminated the contraband problem.
The court found the policy is rational, for even if it does not completely eliminate the problem, it has reduced the contraband entering the jail. It found there are alternative means of communications, like sending postcards, speaking via telephone, and arranging visitation.
Finally, the court found the policy is necessary for jail security and it is not an exaggerated response. The court granted PBSO’s motion for summary judgment.
See: Althouse v. Palm Beach County Sheriff’s Office, Case No 12-80135-CV-MARRA (USDC, S.D. Florida, 2013).
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Related legal case
Althouse v. Palm Beach County Sheriff’s Office
| Year | 2013 |
|---|---|
| Cite | Case No 12-80135-CV-MARRA (USDC, S.D. Florida, 2013) |
| Level | District Court |
| Conclusion | Bench Verdict |