In the name of dignity, North Carolina is about to limit shackling pregnant incarcerated women!

Three years ago, March 26, 2018, the North Carolina Director of Prisons responded to SisterSong and other members of the Coalitions to End Shackling in North Carolina and officially ended the shackling of incarcerated women in childbirth. It was a momentous occasion and, in its way, a joyous and hopeful day. For the past three years, North Carolina legislators have tried to expand on that decision and now, finally, it seems they are ready to move forward. Yesterday, August 25, 2021, the Senate voted unanimously to approve a partial ban on pregnant women serving time in North Carolina prisons. The House had unanimously passed a similar bill in May, and now looks set to pass this bill, probably unanimously, and then pass it on to the Governor for signature. As Senator Natalie Murdock, Democrat from Durham, noted, “This is just transformational work. Folks have been in talks about this for years.”

While state prisons were already limited as to when a pregnant woman could be shackled and were banned altogether from shackling a woman in childbirth, the rules were both too vague and too often ignored or “left to the discretion” of staff. This bill codifies, in law, the rules. It limits shackling during the second and third trimesters, labor and delivery, for a six-week postpartum recovery period. If a staff member decides restraints are required, those restraints can only be wrist cuffs and that decision initiates a report to the warden, who then sends all the reports, on a determined regular basis, to the Department of Public Safety Leadership.

While the matter of staff compliance remains, as it always does, the transformational unanimity of the legislature suggests that, at least for the foreseeable future, there will be eyes on the prisons, at least in this matter. Additionally, by insisting on making explicit in law the appropriate treatment and care for women, the North Carolina legislature is demonstrating the conclusion recently reached by researchers of carceral pregnancy and childbirth: “Incarcerated pregnant people and their babies deserve better care that is codified in policy”.

Along with constraint limitations, the bill says newborn babies must remain with their mothers after delivery; mothers must be incarcerated within 250 miles of their babies until the children reach one year old; mothers must have two visits weekly with their children. Pregnant women must be allotted bottom bunks or beds no more than 3 feet off the floor. Guards can’t conduct body cavity searches on pregnant women.

At another time, the question of why it takes three years to arrive at a common sense, clear policy will be debated. For now, though, a celebration is in order. Yesterday’s Senate vote was a unanimous affirmation of the original House bill, House Bill 608, “An Act To Promote The Dignity Of Women Who Are Incarcerated.” Let us all celebrate the promotion of women’s dignity, everywhere, always. That would be just and transformational work.

 

(By Dan Moshenberg)

(Image Credit: Radical Doula)

 

 

North Carolina Stops Shackling Women (Prisoners) in Childbirth!

Yesterday, March 26, 2018, the North Carolina Director of Prisons officially ended the shackling of women (prisoners) in childbirth. This came after SisterSong and other members of the Coalitions to End Shackling in North Carolina sent a letter to the North Carolina Director of Prisons, which read, in part: “The North Carolina Department of Public Safety prohibits the use of shackling during delivery and yet in recent weeks at least two people from North Carolina Correctional Institute for Women were restrained throughout their laboring process at a local medical center. This was in spite of the concerns of medical staff and the fact that it was in violation of NC Department of Public Safety written policies and legal precedent.” After two months `deliberation’, the North Carolina Director of Prisons agreed. In so doing, North Carolina joins 22 states that currently prohibit or limit the shackling of pregnant women. While there is cause for celebration, why do more than half the states in the United States allow women (prisoners) to be shackled during childbirth?

The letter from SisterSong and the coalition noted that shackling people during and after childbirth is “inhumane and unsafe”; that no state that has banned shackling has suffered any negative consequences; that the American Congress of Obstetricians and Gynecologists (ACOG) has long opposed shackling; that “shackling interferes with the ability to properly treat and care for people and to respond to crisis situations”. Along with doctors, the courts have found that shackling violates the right to be free from cruel and unusual punishment. Further, “with people of color overrepresented in the prison system, this issue falls hardest on people who already struggle with health disparities and higher rates of pregnancy complications and maternal mortality.”

The letter concluded, “We are demanding that the policy be updated to be brought in line with the best practices and recommendations of health professionals and that training be provided to ensure that it is implemented consistently. This practice serves no public benefit. It does, however, risk harmful impacts on individuals and their children. It is not only bad health policy, it is a violation of individual’s human rights.”

Last year in North Carolina, 81 women (prisoners) gave birth … shackled. As of a month ago, North Carolina prisons “boasted” 50 pregnant women.

According to Omisade Burney-Scott, director of strategic partnerships and advocacy for SisterSong, explained, SisterSong wants to ban shackling “throughout the entire pregnancy, so during prenatal care, labor and delivery, postnatal, out to eight weeks and also during breast feeding.” In Kentucky, State Senator Julie Raque Adams filed Senate Bill 133, known as the “Dignity Bill,” which would prohibit shackling of women prisoners in childbirth. Currently, the bill is “one floor vote away” from passage. Georgia and Connecticut are considering bills that would ban the shackling of women in childbirth.

Women prisoners are women. It is wrong and harmful to shackle pregnant women. It is right to support women’s right to health, well-being, and being women. So, thank you to SisterSong and their allies. Thank you to State Senator Julie Raque Adams and her allies. Thank you to North Carolina and Kentucky. Last year, Senators Cory Booker and Elizabeth Warren introduced the Dignity for Incarcerated Women Act, “requiring the Federal Bureau of Prisons to consider the location of children when placing mothers behind bars, expanding visitation policies for primary caretakers, banning shackling and solitary confinement for pregnant women, and prohibiting prisons from charging for essential health care items, such as tampons and pads.” The clock is ticking. End the shackling of pregnant from sea to shining sea.

 

(Image Credit: Radical Doula) (Infographic Credit: Nursing for Women’s Health Journal)

Turn “Jeff Davis” into Arthur Ashe. Do it now!

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If you live in Virginia, North Carolina, South Carolina, Georgia, Alabama, Mississippi, Louisiana, Texas, New Mexico, California, or Washington, you might live near Jefferson Davis Memorial Highway. That’s right. From sea to shining sea, from the Rio Grande to the Canadian border, Jefferson Davis is “honored” and, presumably, you are honored to drive in his memory.

In 1913, the United Daughters of the Confederacy designed, planned and sponsored the Jefferson Davis Memorial Highway system, which was to extend from Washington, DC, to San Diego. Their plan was to overlay the Confederacy onto the map of the United States, an ocean-to-ocean highway that would compete with the Lincoln Highway. While the coordinated highway system no longer exists, in each of the states mentioned above, parts of it survive, and under the name Jefferson Davis Highway.

In 2002, when Washington State Representative Hans Dunshee proposed changing the name of Washington’s Jefferson Davis Memorial Highway, he ran into a whirlwind of opposition, because nothing says the Pacific Northwest like … the Confederacy and the war to preserve slavery. As Dunshee noted, “People are saying, ‘Oh, Jeff Davis was into roads for the Northwest.’ That’s their cover. But let’s be clear. This memorial was not put up by the AAA. It was put up to glorify the Confederacy.” The president of the United Daughters of the Confederacy weighed in, complaining that the change would “cause more hard feelings and certainly will not unify our country.”

When Dunshee first discovered the presence of the Confederacy in his home state, he said, “I was astonished that it was there. And then I was disgusted.” Disgust is a good response. Dunshee’s disgust only deepened, once he received calls telling him “to go back to Africa and take all of his kind with him.” Hans Dunshee’s “kind” would be German and Irish.

Nine years later, in 2011, in Arlington, Virginia, the Arlington County Board renamed a part called the Old Jefferson Davis Highway. It’s now the Long Bridge Drive. Why the name change? As then-County Board Chairman Chris Zimmerman explained, “I have a problem with ‘Jefferson Davis’ [in the road’s name]. There are aspects of our history I’m not particularly interested in celebrating.”

While the “Old Jefferson Davis Highway” was part of the original Jefferson Davis Memorial Highway, it wasn’t included in the Commonwealth’s 1922 designation of the Jefferson Davis Highway, and so Arlington County could change the name, once it convinced opponents that perhaps the real “importance of history” is not its repetition but rather its analysis and critique.

Meanwhile, the rest of Jefferson Davis Memorial Highway in Virginia falls under the Commonwealth administration, and so any change there must go through Richmond.

The lesson of history has to be that people can change their histories and themselves for the better; that we don’t happen upon progress, we make progress happen. From Washington, DC, to Charleston to Washington State, make freedom ring. Move from astonishment to disgust to astonishment. Tear down the flag; rewrite the name. In Virginia, turn “Jeff Davis” into Arthur Ashe, a proud son of Virginia of whom we are all proud. Do it now. It’s the least we can do.

 

(`Jeff Davis’ Photo Credit: author’s photo) (Arthur Ashe Photo Credit: Charles Tasnadi / Associated Press)