OCTOBER 1976

Sept. 27th, 1976

Dear Gentle People,

I recently received a copy of a letter to you from Lee C. Rice, of GPU News Milwaukee, Wisc., about some difficulties with your publication at the U.S. Penitentiary, Atlanta. (dated 18 Sept. 1976)

Officials at this penitentiary (Leavenworth) started excluding all Gay publications in March 1976 after they were allowed for at least 1 1/2 years. The current excuse of officials here is that Gay publications all "advocate homosexuality" and "would encourage assaults and rapes" because the possession of the publication would identify the inmate as a homosexual.

The new rules, dated 5/4/76 concerning incoming publications reads in part, as follows:

"The decision not to forward a publication to an inmate under this Policy Statement must be based on a showing that doing SO will be detrimental to the security, discipline, or good order of the institution. It should not be based soley on its religious, philosophical, political, social,

A PRISONER'S VOICE

or sexual views." (emphasis added) Policy Statement 7300.42C dated 5-4-76.

According to these new rules, even if a publication did in fact advocate homosexuality, it would still be permitted according to the rules.

Additionally, official's stated reasons (excuses??) about the publication causing rapes and. or assaults is pure nonsense, did not occur while Gay publications were allowed here (and from what evidence I have about Atlanta did not occur there either), is completely unsubstantiated, and is not based on any showing as required by the new rules. Besides that, this new reason is just the latest of about a dozen different excuses used by officials here since March 1976.

In addition to the bans of Gay publications, this place also bans religion (Metropolitan Community Church) that doesn't condemn homosexuality, tries to convince Gáy inmates that they are sick (is considered, in writing from officials as an adjustment and medical status), tries to convince their parents of the same thing, discloses mail

HIGH GEAR

R.H.

(1st Class and publications) to inmate's parents in derogatory and inaccurate manner, passes on jail house rumors to parents. bans correspondence with registered lobby agents (Gay Rights National Lobby), threatens transfers further from home to other institutions, removes release help information from letters from MCC, and has just a few days ago started sending personal letters back for the same reasons stated about publications. And Much More. There has been considerable concern and attention to the situation here at Leavenworth by the Gay Community nationally. Numerous articles have been published about this situation in the Gay press.

There were also demonstrations in front of the prison concerning the censorship and discrimination here, as well as (from what I have heard-via a copy of an article in Gay Community News) there was supposed to also be demonstrations in front of the Regional Director's office in Kansas City, and across from the White House in Washington, D.C.

PAGE 3

PRISON CENSORS

GCN BAN UPHELD

CLEVELAND On September 13 High Gear received the following correspondence from M.R. Hogan, warden of the United States Penitentiary in Atlanta:

Gentlemen:

Two copies of High Gear mailed to inmate Walter Frazier No. 88310-131, advocates (sic) homosexuality and are not in the best interest of discipline, good order and security of this institution. The publications are unacceptable for delivery to inmates in this institution.

These publications will be retained at this institution for approximately thirty days to allow adequate time for an appeal. Should my original decision be sustained through the appeal process and/or you choose not to appeal, these publications will be returned. If you do not concur with this decision, you may appeal to the regional director, Southeast Region, of the U.S. Bureau of Prisons, 3500 Greenbriar Parkway, Atlanta, Georgia 30331, within fifteen days of the above date.

M.R. Hogan Warden

High Gear has appealed this decision in a lengthy response to all five regional Bureau of Prisons directors. We have yet to receive a reply. Specifically this newspaper collective demanded, "an end to the arbitrary censorship of gay related publications, protection of all gay inmates from attempted rape -whether through voluntary separation or more intensive scrutiny of potential rapists, and-

There has also been some coverage in the straight press (Kansas City Times), and on radio.

The American Civil Liberties Union is taking an active interest in this situation here, and is helping with gathering evidence, keeping harassment of myself down. (officials were refusing to mail mail to Gay publishers, and disciplining me for attempting to send this outsince corrected).

The National Gay Task Force is also taking an active interest in the situation here, and has been very helpful.

At the present official complaints have been filed with the Bureau of Prisons and are now on appeal with the Director, Mr. Norman A. Carlson in Washington. His response to these is past due, which according to the rules on same, is the same as a denial.

Some political pressure is being applied to this situation at the present time, but is too early to tell much on that score yet. If this is unsuccessful, a suit will be filed.

The Metropolitan Community

education of Bureau of Prisons officials about homosexuality in general."

GAY COMMUNITY NEWS BOSTON-By no means is High Gear the first publication to be banned at federal and state prisons. The practice has been common for some time now. Boston's GAY Community News has been struggling for over two months with the North Central Regional Office of the U.S. Bureau of Prisons. On On September 9th that office upheld the decision of the warden of the U. S. penitentiary at Leavenworth, Kansas to bar inmates from receiving copies of GCN.

Said acting regional director, W.R. Hillard, in a statement to GCN: "Homosexual publications are considered to be detrimental to the safety, security and orderly running of an institution since the identification of those inmates who subscribe to homosexual literature can lead to and foster problems of control and hostility, among inmates, as experience has indicated, and as a result of such relations and involvement. This position has been judicially sustained by the courts. See Harold T. Smith vs. Benson, Case No. 76-201-C.U.S. District Court of Southern District, Indiana (1976)."

"Based on the above stated position and after full review of your publication, we have determined that the Warden's decision should stand."

As yet, it is unclear whether this response to GCN's appeal has set a precedent for the other four regional Bureaus of Prisons. CONTINUED ON PAGE 21

Church is also behind me, and I believe they will also file suit about the bans on religion and religious literature here if necessary. It is too early to tell on this yet either, but I am supposed to meet with some church officials the first part of October and will know more then.

Gay publications were allowed at most FEDERAL institutions, but information I am receiving very recently indicates there may be some difficulties at some other federal institutions, lately. I am currently trying to check this out as if this situation is system wide (Federal Prison System) this could possibly change the nature of a suit to include all the Federal institutions. This would also change jurisdiction to Washington, D.C., courts which would probably be more favorable than the courts in Kansas.

Calvin L. Keach 87810-132 P.O. Box 1000 (U.S. Penitentiary) Leavenworth, Ks. 66048