A federal lawsuit challenges a new Georgia law that allegedly restricts charitable bail funds, potentially eliminating them, The Georgia Recorder reports. The lawsuit the American Civil Liberties Union and Georgetown University Law Center contests a requirement that charitable organizations offering free bail assistance follow the same rules as private bail bond companies. That means required background checks, payments, licenses and cash escrow accounts. The plaintiffs asked a judge to issue a temporary restraining order against the sections of the law that are set to go into effect on July 1. The plaintiffs are also seeking a preliminary injunction on provisions limiting a single entity from making more than three cash bail donations within a year unless it follows new licensing rules and other requirements. The lawsuit was filed Friday for Atlanta-based nonprofit Barred Business Foundation and two Athens residents who run a charitable bail fund.
Opponents called the law another example of Georgia’s past criminal justice reforms severely undermined by new efforts to penalize people who cannot afford to post bond to stay out of jail. The new cash bail law would also expose individuals to criminal charges for violations. The bill targets churches that take up collections to bail out people on special occasions and nonprofits like the Atlanta Solidarity Fund, whose organizers were arrested last summer after using donations to bail out “Stop Cop City” protesters who are fighting the planned Atlanta Public Safety Training Center. The lawsuit was filed against Gov. Brian Kemp Kemp and Attorney General Chris Carr as well as the solicitors general of Fulton County and Athens-Clarke County. During this year’s legislative session, the legislation was championed by Republican lawmakers as a way to further protect crime victims by prohibiting judges from sparing people jail time when they promise to return to court.