In Atlanta, a legal battle is stirring as two incarcerated women have launched a lawsuit against the state of Georgia concerning a newly enacted law that imposes a cash bail requirement for a wider range of offenses, many of them misdemeanors. The contentious law, which took effect in July following the passage of Senate Bill 63 last year, has been criticized for infringing on constitutional rights to due process.
The plaintiffs argue that the legislation, which mandates cash bail for 30 additional offenses—18 of which are commonly misdemeanors such as repeat failures to appear for traffic citations—unfairly targets low-income individuals. This requirement, they contend, inhibits a judge’s ability to evaluate whether cash bail is necessary to ensure court appearances or public safety threats. Georgia, notorious for its high incarceration rates, demands cash bail for more offenses than any other U.S. state, thereby maintaining its crowded jails.
The lawsuit, filed by entities including the American Civil Liberties Union, the ACLU of Georgia, and the Southern Center for Human Rights, estimates that the continued implementation of this law could affect tens of thousands of Georgians if not deemed unconstitutional. Lachlan Athanasiou from the Southern Center for Human Rights criticized the law, stating, “It’s difficult to think of a more backwards policy,” citing increased jail populations and the disruption of offenders’ personal and professional lives.
Proponents of the law, mainly Republicans, argue for a system where individuals are held accountable to return for their court hearings. They claim—despite differing national study findings—that people released without bail are often no-shows, though they assure that judges retain the ability to set minimal bail amounts. Senate Majority Leader Steve Gooch emphasized accountability in his remarks following the lawsuit’s filing.
Critics, however, argue that the policy disproportionately impacts impoverished and minority communities who cannot pay high bail amounts, resulting in prolonged pretrial detention. This inequity is believed to destabilize affected families, hinder employment, and disrupt housing, denying fair treatment for those presumed innocent until proven guilty.
The lawsuit revolves around the plight of women like Sierrah Coronell, who remains in Fulton County Jail unable to afford a $600 bail despite facing charges related to drug possession and police obstruction. Similarly, Diane Holsey is grappling with a $4,000 bail following her arrest, threatening her employment and financial stability.
Joined by the nonprofit Women on the Rise, the lawsuit highlights the negative impact of the bail law on services aimed at keeping women from being detained. Although the law attempts to restrict the number of cash bonds posted by individuals or groups to three annually—unless they fulfill bail bond company requirements—a judge had temporarily blocked this provision last year following a separate lawsuit by Barred Business Foundation.
The changes represent a shift away from former criminal justice reforms under previous Republican Governor Nathan Deal, whose initiatives aimed to decrease unnecessary incarceration and foster family unity while cutting costs for taxpayers. With the new legislation reversing those measures signed by Governor Brian Kemp, the legal battle continues to unfold amidst ongoing concerns about prison conditions and human rights in Georgia.