Martinez v. Maketa

This class-action lawsuit challenges a new policy of the El Paso County Jail (effective August 2, 2010) that bans prisoners from sending letters and instead restricts their outgoing correspondence (other than "legal mail") to 4" X 6" postcards supplied by the jail.

The policy severely limits the space available for prisoners' written correspondence and also chills prisoners' willingness to communicate sensitive personal information.

The ACLU argues that the policy unjustifiably limits the First Amendment rights of the prisoners as well as their free-world correspondents who wish to receive the prisoners' written communications.

The El Paso County Jail is the second jail in Colorado to adopt a postcard-only policy for outgoing correspondence. The ACLU's challenge to a similar policy of the Boulder County Jail was filed in early August, 2010.

Update: The El Paso Sheriff's Office agreed to withdraw the challenged policy and the Court entered a stipulated preliminary injunction.

“El Paso County Jail's postcard-only policy is returned to sender,” Westword, December 21, 2010

“No more postcards from El Paso County jail, ACLU says,” The Denver Post, December 20, 2010

“ACLU sues Boulder over jail postcard policy adopted by El Paso County,” Colorado Springs Gazette, August 3, 2010