Prison newspaper wins judgment

Wednesday, Oct. 4, 2000 | 11:11 a.m.

CARSON CITY -- A prison newspaper has won a $5,000 judgment against the state, which had refused to allow the monthly publication to be distributed to Nevada inmates.

"It was a freedom of speech issue," said attorney Don Evans, who represented Prison Legal News. The newspaper is published in Washington, where its editor, Paul Wright, is serving a prison term at McNeil Island.

Evans and the office of Attorney General Frankie Sue Del Papa entered into a stipulation to settle the lawsuit filed earlier this year in federal court. The state will pay the judgment and attorneys' fees, and the prison system must post a notice that Prison Legal News is no longer a banned publication and inmates may subscribe.

The newspaper agreed to drop all other damage claims that the prison censored the newspaper.

The publication, with a circulation of about 3,500 nationwide, carries stories about inmate lawsuits, civil rights issues and other articles on corrections.

It was allowed in Nevada prisons for 10 years without a problem, Evans said, but the system, under former Director Bob Bayer, banned the newspaper a year ago.

Twenty-three inmates in Nevada subscribe to the newspaper. They have been sent 12 back issues and had their subscription extended for a month.

Evans said the newspaper sought reasons for the prohibition but never received satisfactory answers from the attorney general's office.

Deputy Attorney General Joe Ward, who represented the state in the lawsuit, is on vacation and could not be reached for comment.

The stipulation, approved Sept. 27, sets up criteria for the prison to use when deciding whether a newspaper or other publications should be barred.

A warden may ban a publication that describes how to build weapons or bombs; encourages and describes methods of escapes; gives instruction for brewing alcohol and making drugs; and encourages gang activity.

A publication can also be excluded if it contains sexually explicit material that poses a threat to security or promotes criminal activity.

Wardens must cite the material they find objectionable.

Evans said the guidelines dovetail with a decision by the U.S. Supreme Court.