Charitable Bail Funds Fight Back Against Georgia’s New Bail Law

Report from the Atlanta Community Press Collective on legal resistance to the attacks on bail funds in Georgia.

The American Civil Liberties Union (ACLU) of Georgia filed a federal lawsuit Friday challenging provisions of Georgia Senate Bill 63 (SB 63) that threaten to criminalize the operation of charitable bail funds.

The ACLU argues that these provisions violate constitutional rights, including freedom of speech, association, and religion.

Partnering with the nonprofit and nonpartisan Institute for Constitutional Advocacy and Protection at Georgetown Law, which uses legal strategies to defend constitutional rights, the ACLU filed the suit on behalf of Barred Business Foundation, a nonprofit serving formerly incarcerated individuals, and John Cole Vodicka and Steven Williams, two Athens residents who operate a bail fund through the Oconee Street United Methodist Church.

“There are important constitutional rights at stake here—rights that are being violated by SB 63,” Joseph W. Mead, the institute’s special litigation counsel, told the Atlanta Community Press Collective. “But not only is the law unconstitutional, it’s downright silly. SB 63 would make it a crime for Plaintiffs and countless others to engage in acts of kindness towards their neighbor. They should be celebrated, not punished.”

Barred Business, in partnership with the Free Atlanta Abolition Movement and the National Bailout, also participates in the annual Black Mama’s Day bailout, which aims to release Black mothers from pre-trial detention before Mother’s Day.

The Oconee Street United Bail fund typically pays bail for individuals charged with misdemeanors who have been held on bond amounts less than $100 in the Athens-Clarke County jail for a week or longer.

Why This Matters

SB 63, a restrictive bail bill passed earlier this year, included a section (Section 4) that would ban individuals and organizations from paying more than three cash bails annually. It would also criminalize fundraising efforts for charitable bail funds. The section was added to the bill just hours before the Georgia Senate voted for it, denying organizers the time to lobby against it. The bill passed in both the Senate and House of Representatives primarily along party lines.

Charitable bail funds have a long history in the United States, dating back to the Civil Rights movement, and play a crucial role in freeing individuals who are jailed pre-trial solely because they cannot afford bail. This is particularly important for marginalized communities disproportionately impacted by the cash bail system.

The ACLU argues that SB 63’s provisions would not only harm these organizations but also violate the constitutional rights of those who operate them and the people they serve.

Cory Isaacson, ACLU of Georgia Legal Director, called SB 63 “cruel and costly,” emphasizing its potential to keep people in jail unnecessarily and prevent others from helping them.

What’s Next

The ACLU filed for an immediate injunction to prevent Section 4 from taking effect on July 1.

A federal court has granted an expedited hearing scheduled for June 28 at 3:30 p.m.

The Bigger Picture

Several other states have moved to restrict charitable bail funds over the last three years, but Georgia is the first state law passed to criminalize bail fund operations.

SB 63 has drawn significant criticism for its potential to exacerbate existing inequalities in the criminal justice system. By restricting access to charitable bail funds and expanding the list of charges not eligible for unsecured release, critics say the bill will disproportionately harm poor and marginalized communities.

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