The incarcerated: They ARE persons to us!

Sunshine Week came and went earlier this month, without even a squawk from this corner.  I apologize for that. For those not familiar with the observance, Sunshine Week was created to raise awareness and appreciation for our access to public information and the Freedom of Information Act (FOIA). 

When it was adopted in 1976, the act stated that all persons are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and public employees. 

Some years later, the Michigan Department of Corrections rebelled, saying that these FOIA requests from prisoners were taking too much of their time, and were costing millions of dollars. Instead of making some provisions that would prevent prisoners from filing frivolous requests, in typical knee-jerk style, the state legislature of Pure Michigan took action in 1994 that flatly stated that incarcerated individuals are not persons. 

My friend Adam, who, while he was a guest of the Michigan Department of Corrections, was incensed when he was denied documents requested under FOIA, with this explanation: 

“’Person’ means an individual, corporation, limited liability company, firm, organization, association, governmental entity or other legal entity. ‘Person’ does not include an individual serving a sentence of imprisonment in a state or county correctional facility in this state or any other state, or in a federal correctional facility.” 

Says Adam: “You can’t take my humanity, only I can surrender it. You can’t take my personhood, but then grant it to an entity like a corporation." 

I’m proud to say that HUMANITY FOR PRISONERS is taking a strong stand on this issue, and is putting its action where its mouth is. We have found that there are many prisoners who have legitimate needs for documents. And so, we have specialists who file the requests on their behalf and get the results to them. It’s arduous work, time-consuming, and often frustrating. But it’s also rewarding! Last year, our team filed some 550 FOIA requests for Michigan inmates. Some with outstanding results. All with sincere gratitude! 

Sadly, Pure Michigan cannot make much of a boast for Sunshine Week observance. We are one of only 3 states that deny this civil right to the incarcerated without question. 

Phhhttt!

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