Plaintiffs wanting to keep a decision in place that prohibits the state from limiting cash bail payouts and the Georgia Attorney General’s office presented oral arguments before the Eleventh Circuit Court of Appeals on Tuesday. Senate Bill 63 called for limiting such payouts by charities, churches, nonprofits, and others to three times a year.
“Paying bail is not protected by the first amendment,” argued Solicitor General Steven Petrany. “It is not expressive; it is not close to expressive. The Supreme Court’s decision in Rumsfeld vs Fair plainly controls this case, and the District Court grievously erred in holding otherwise.”
Attorneys from the ACLU and Georgetown University represented the plaintiffs, John Vodicka and Steven Williams of Athens, and Barred Business in Atlanta.
“The plaintiffs have entered evidence into the record that over 90% of individuals bailed out by the bail project, do show up for their proceedings,” said attorney Alexzandra Lichtenstein.
Vodicka is the co-coordinator with the Athens Area Courtwatch project and a member of the Oconee Street UMC Community Bail Initiative. He says their efforts would be significantly hampered if the full legislation passes.
“In the 2025 calendar year, in the first seven months of 2025, we posted these 23 bonds,” Vodicka said. “Twenty more than we would have been able to post had not the preliminary injunction been in place.”
The lawsuit was filed in June 2024. Both sides should hear from the court in the fall.
