ICAP, alongside the ACLU of Georgia, represents the plaintiffs in a constitutional challenge to a Georgia law that imposes severe restrictions on the payment of charitable cash bail. The plaintiffs, a nonprofit bail fund called Barred Business and the leaders of a church-based bail fund, communicate their opposition to poverty-based detention and mass incarceration by paying bail for members of their community. In 2024, Georgia passed a new law that criminalizes the act of posting more than three cash bails per year by anyone other than a licensed bail bondsman. The lawsuit alleges that these restrictions violate the First Amendment rights to free speech, association, and the free exercise of religion and that the law as a whole is unconstitutionally vague.
In July 2024, a federal district court granted a preliminary injunction halting the law before it could go into effect. The court held that the state failed to provide a rational justification for restricting charitable acts while allowing unlimited for-profit bail bonds. ICAP is currently defending this victory on appeal in the Eleventh Circuit, ensuring that community groups can continue to support their neighbors and advocate for pretrial justice without the threat of criminal prosecution.
