The Bail Project sues Indiana over law restricting who they bail out
The filing comes just under two months after
An IndyStar investigation published in March found that the legislation was largely driven by misleading media reports and politically-motivated finger pointing. Opponents of the measure have argued it will unfairly impact the ability of poor Hoosiers to get out of jail while awaiting trial.
In the lawsuit, lodged against the state
"When we post bail, we're essentially advocating before the courts, saying: 'Let us show you that money was not necessary in the first place because this person will return, even though they have no financial obligation to us,'"
The law also raises an equal protection issue, according to the suit. HB1300 restricts only charitable groups from who they can bail out – both commercial bondsmen and family and friends can continue to pay bail for people accused of violent crimes in
"This is specifically targeted at charitable bail organizations," said
The lawsuit was filed against the state
"
'No justification'
But much of the information circulating
Commercial bondsmen largely avoided such scrutiny, and bail industry leaders, who stood to benefit from the loss of a nonprofit competitor, advocated for the restrictions against charitable bail groups.
Supporters of the legislation argued the law would bring
Still, IndyStar's analysis of the 225 murder cases filed in
'Impact is on the families'
There are different forms of speech protected by the First Amendment, Marcosson told IndyStar, citing the landmark
"It seems to me that if a bail project or any group wants to get together to make a commentary about bail in itself, about the way the bail system affects people... they are making a political point about the bail system," Marcosson said. "And they're using their money to do that."
"Under equal protection principles," Marcosson, "if the government can show that they are treating one group or one individual differently because they are differently situated in a reasonable way that's relevant to the purpose of the law, then they can generally do that."
Meanwhile, opponents of the law maintain it will only negatively impact poor people, who will be made to remain in jails, unable to afford bond.
"This law, while it targets our particular advocacy, the real impact is on the families who depend on our organization when they cannot afford to pay for bail," Carter told IndyStar. "It's the judge who sets the bail amount. It should not matter who pays for it."
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