Judge stops law in Georgia that bans posting more than 3 bonds a year.
**Breaking News: Georgia Law Partially Blocked by Federal Judge**
A federal judge has temporarily blocked part of a Georgia law that restricts people and organizations from posting more than three cash bonds in a year, unless they meet the criteria for bail bond companies. The ruling, made by U.S. District Judge Victoria Marie Calvert, comes as a response to Senate Bill 63, which was set to take effect on July 1. The blocked section of the law will be on hold for 14 days while lawyers present arguments on whether it should be stayed until a lawsuit over the legislation is resolved.
The legislation imposes limitations on those who want to post cash bonds, requiring them to pass background checks, pay fees, hold a business license, secure the local sheriff’s approval, and establish a cash escrow account or other form of collateral. However, Judge Calvert has allowed other parts of the law to go into effect, including the requirement of cash bail for individuals charged with certain crimes before they can be released from pretrial detention. Among the list of 30 crimes included, 18 are categorized as misdemeanors, such as failure to appear in court for a traffic citation.
The controversy surrounding this law has sparked a lawsuit filed by the American Civil Liberties Union of Georgia and the Institute for Constitutional Advocacy and Protection at Georgetown University Law Center on behalf of the Barred Business Foundation, an Atlanta-based nonprofit, and two Athens residents running a charitable bail fund in association with their church. The lawsuit argues that the restrictions imposed by the law on bail funds are unconstitutional and requests that the judge block it, deeming it as a severe restriction on charitable bail funds that could effectively eliminate them in Georgia.
According to the lawsuit, the Bail Project, a national nonprofit assisting low-income individuals in posting bonds, had to close its Atlanta branch in response to the new law. The ACLU of Georgia’s legal director, Cory Isaacson, expressed relief over the judge’s ruling, stating that the law is unnecessary, harmful, and likely unconstitutional. Isaacson also emphasized the importance of charitable bail work, highlighting the need to support individuals who are incarcerated due to their inability to pay bail.
On the other hand, the state argues that the law does not violate the plaintiffs’ rights of free speech and association, claiming that it only restricts conduct, not speech. Supporters of the measure believe that groups involved in charitable bail work should have no issue following the same rules as bail bond companies. The law’s implementation coincides with Republican efforts to restrict community bail funds, particularly after these funds were utilized to post bonds for demonstrators arrested during 2020 protests against racial injustice.
The state prosecutors have raised concerns about demonstrators with the Atlanta Solidarity Fund’s phone number written on their bodies, suggesting evidence of planned participation in illegal activities during protests. Last year, leaders of the bail fund faced charges of charity fraud, alongside 61 individuals indicted on racketeering charges.
Stay tuned for further updates on this developing story.
