ATLANTA — The American Civil Liberties Union (ACLU) has filed a lawsuit challenging a new Georgia law that, once in effect, will place restrictions on charitable bail funds, when an individual or group collects money to post bail for an incarcerated individual.
The suit is targeting Section 4 of Senate Bill 63, which is set to go into effect on July 1.
The ACLU argues that the bill "severely restricts individuals, groups and entities from engaging in charitable bail work - paying for bail for those detained solely because they are impoverished" and calls it "arguably the most severe restrictions on charitable bail funds in the nation."
No individual or group may post more than three cash bonds per year per the bill. Also, every person or group soliciting donations for charitable bail funds must submit to the exact requirements of any professional surety bail company, which is not limited to the number of bonds it can post.
Anyone who violates Section 4 may be subject to misdemeanor charges.
The lawsuit argues that the bill violates First Amendment freedom of expression rights. Specifically, it also cites violations of the two plaintiffs' religious freedom, as their charitable bail work is rooted in their faith.
The plaintiffs are an Atlanta-based business and two individuals from Oconee. The named defendants are Gov. Brian Kemp, AG Chris Carr, Fulton County Solicitor General Keith Gammage and Athens-Clarke County Solicitor General Will Fleenor.
The documents also accuse SB 63 of violating the due process clause with vague language, equal protection rights with an irrational preference toward for-profit surety bail companies and the Eighth Amendment's excessive bail clause.
