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San Mateo County banned physical mail in its correctional facilities over concerns about fentanyl exposure, but a lawsuit filed in March alleges the county is violating the constitutional rights of incarcerated people who have freedom of expression and freedom from unreasonable search and seizures.
Earlier this year, three free-speech groups, Electronic Frontier Foundation, Knight First Amendment Institute at Columbia University and the Social Justice Legal Foundation, filed a lawsuit on behalf of five people incarcerated in San Mateo County. The lawsuit was also filed on behalf of a group of their friends and family members and A.B.O. Comix, an organization that sends and receives art and writing from incarcerated people.
During a hearing on Monday, Dec. 4, Plaintiff attorney Scott Wilkens spoke about an incarcerated individual who could not continue school work because of the mail ban.
Wilkens said the ban causes harm to the incarcerated, who have the right to receive information.
“They have the right to receive information or listen, as it should be clear, it’s a fundamental part of speaking. This has been understood under the federal constitution and California constitution and it should apply in prison when your only connection in the outside world, is mail.”
In 2021, the county banned the physical mail in its correctional facilities, replacing it with Smart Communications, a private-for-profit company, which scans and destroys physical copies and incarcerated individuals can access their mail through kiosks and shared tablets in public spaces within the jail.
San Mateo County Attorney Chad Deveaux, who also represents Sheriff Christina Corpus, emphasized the risk of the opioid crisis. He said that mail sent to the jail could be contaminated with fentanyl, presenting a significant health hazard to both the jail’s personnel and inmates.
“By touching it, I can suffer severe physical complications, even death, or a drug-sniffing dog sniffing it can die,” Deveaux said.
Dr. Frank Ruiz, Redwood City’s Kaiser Permanente chief of emergency medicine, said the fentanyl is cheap and easy to make and is used to make powerful pain medicine in a lab. Still, it's not easily absorbed across the skin.
“For first responders who encounter suspected fentanyl, I advise that they wear protective gear, such as nitrile gloves and even face masks. Skin exposures can be dealt with by hand washing to remove any powder,” Ruiz said. “An overdose can occur if you swallow, snort, or inject fentanyl. You can't overdose just by touching fentanyl.”
San Mateo County District Attorney Steve Wagstaffe told the Pulse that there have been previous cases through his office where people attempted to send drugs to the jail through the mail.
“It has happened before, it's not a hypothetical,” Wagstaffe said.
The civil matter didn’t come to a resolution on Monday. Instead, the hearing was continued to Jan. 31 for further discussion.
