Attorneys say jail's new security screening discriminates against women: 'The choice is to remove their bras or not see their clients'
Criminal defense attorneys in Jackson County, Missouri, have signed an open letter protesting a new security screening system that allegedly denies female lawyers to see their clients in the county jail.
The letter, signed by 74 attorneys, both male and female, claims that due to the Jackson County Detention Center’s new “TSA airport-type high-security screening procedure,” women's bras with metal clasps or underwire support set off the metal detectors.
“For female attorneys, that means the choice is to remove their bras or not see their clients,” the letter states.
Attorney Laurie Snell told KCUR that she took off her bra in order to pass through the newly-installed metal detectors on May 31 to see a client, after removing her jewelry and glasses still set the detector off.
But Jackson County Sheriff Darryl Forté, in a tweet shared on Monday, said that "no one was asked to take off underwire bras."
Misinformation has been communicated about the screening process at the JCDC. Everyone is required to pass through a metal detector. No one has been asked to take off underwire bras. We will continue to keep our staff and inmates safe from harm. @JacksonCountyMO pic.twitter.com/EXR18GK6El
— Darryl Forte' (@sheriffforte) June 3, 2019
Snell told KCUR that while no one technically asked her to remove her bra, she had “to make a choice” in order to see her client.
"I said, 'Well, there's nothing else. There's no other metal except my underwire bra.' And he said, 'You have to pass through security,'" Snell said.
Snell said she entered the restroom, remove her bra, placed it into a bin and proceed through the metal detectors so she could speak with her client. With nowhere to put her undergarment back on, she quickly did so in the elevator.
District Public Defender Ruth Petsch recently said there was a "caseload crisis" within her office, and that this new strict security procedure prevents attorneys from performing their duties.
"The jail won't let in half my staff because they have the wrong underwear," Petsch told Presiding Judge David Byrn during testimony on May 31, KCUR reported. She added that the security procedure was changed without giving her notice.
Byrn responded that other females have figured out a way to get inside without an issue. "I don't understand why that's just impeding your people," he said. "Nobody else is having a problem with it."
Jackson County Legislator Crystal Williams is currently reviewing the new policy but does believe it impacts women.
"There are a lot of women who use underwire bras. I mean, it seems unseemly that we're discussing this, it really shouldn't be, but this is just their underwear. There are women that must use these products," Williams said. "If a man takes his belt off when he goes through that and his pants don't fall down, he's good to go. What are you going to do about a bra that you have to wear? It makes no sense. And it feels sexist and arbitrary. There has to be a workaround."
The open letter, sent on Tuesday to Jackson County officials, claims that Sheriff Forté's unwillingness to accommodates female attorneys denies jail inmates "meaningful access" to their legal representation.
"The male defense attorneys in our group see our female counterparts as equals and feel this security protocol singles them out for disparate treatment and does not afford them the dignity and respect they deserve. It is undeniable that many female members of our group feel humiliated and angry at the prospect of having to get their undergarments cleared before being allowed to do their jobs," the letter read.
According to the Kansas City Star, all detention center employees have to pass through the X-ray machine and metal detector as well. The union representing corrections officers states that some female jail workers have had to buy new bras, at a considerable expense, for them to enter work.
"Evaluation of policies and procedures related to the detention center is ongoing," Forté told the news outlet via Twitter. "We desire to continue to provide the best possible service with minimal inconvenience while maintaining high safety standards. Safety and security is of paramount importance to me."
Attorney John Picerno said that a protest is scheduled at noon on Wednesday at the jail, should the policy not change by then.
According to the Kansas City Star, corrections department director Diana Turner emailed jail employees on Thursday and said that female attorneys could be given non-contact visitor badges, should their underwire set off the detector. They would be permitted to meet with their clients, separated by a window through a glass.
Picerno said such an arrangement is "unacceptable," as female attorneys would not be able to share court papers or show them video evidence through the barrier.
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