Recently, Lycoming County commemorated the 35th anniversary of the Americans with Disabilities Act (ADA), reaffirming their commitment to inclusion. In a move to strengthen their compliance, the County Commissioners are consulting legal experts to ensure that individuals with disabilities are explicitly referenced in their local prison policies, aligned with both state and federal mandates.
Turn back the clock to a September 8, 2023, Prison Board meeting, an event that was not recorded by cameras and held in the county Prison dayroom. Former Commissioner Tony Mussare controversially claimed that a misworded clause was simply a “typo,” dismissing concerns that the language might have broader implications. Unfortunately for the ninja turtle, FAFO Press was present, documenting the exchange, while the Sun-Gazette had already left well before the fireworks started.
The discussion intensified when a citizen reported that an inmate had been denied work release at PRC solely because of his physical disabilities. Former Commissioner Rick Mirabito, feverishly scribbling notes, exclaimed, “You mean to tell me someone was denied work release that was disabled?” His pen moved swiftly, almost like he was leveling up on Pac Man, an awe-inspiring display of intensity. Yet, despite this testimony, the official minutes failed to accurately reflect what was really said, as if they were intentionally trying to keep the story from getting out. Attending the meeting via telephone was former District Attorney Ryan Gardner.
This seems so disingenuous of the agency after receiving so many handwritten letters from the same inmate complaining primarily about being deprived of critical mental health medications and disability discrimination. Mail. How important is it for a prison to handle mail lawfully?
Blocking inmate mail isn’t just a matter of policy, it can land a county prison in serious legal hot water. Under federal and state laws, inmates have protected rights to communicate freely, including the right to seek legal help, report grievances, and advocate for their rights. When prisons unlawfully block these communications, they risk violating key statutes such as the First Amendment, which safeguards free speech and petition rights, and 42 U.S.C. § 1983, which allows individuals to sue for civil rights violations committed by government officials.
Additionally, restricting mail related to legal matters or complaints about discrimination or abuse could breach the Americans with Disabilities Act (ADA), especially if the inmate is raising issues related to disability discrimination. Allegations of medical neglect or abuse may also implicate Eighth Amendment protections against cruel and unusual punishment.
Moreover, retaliating against inmates for reporting safety violations or whistleblowing is illegal under federal civil rights laws, such as the Civil Rights Act. Penalties for violations can include hefty fines, injunctions, and even employment consequences for officials involved. Ultimately, knowingly obstructing inmate mail can result in significant legal liabilities, accountability measures, and damage to the prison’s reputation, reminding facilities that respecting inmates’ rights isn’t just ethical; it’s the law.
On September 14, 2023, following a county Commissioners Board Meeting, that same former inmate was arrested on frivolous charges on a warrant signed by DA Ryan Gardner. The good ole boy network is well intact. And as bizarre as that is, we promise we’ll do you one better. The former inmate once woke up in southern Florida on vacation and saw a photo of Ryan Gardner on the nightstand and it all made sense. To our readers, this doesn’t quite make sense yet and FAFO Press will get there. Turning that whistle up to 11 for those that can’t.
We love when the mouthpieces in our government cheer about 35 years of the ADA. Cheering is empty without action. Follow And Find Out.
