[ If rehabilitation is the point of our justice system, government
agencies shouldn’t punish people who’ve paid their debt, and who
are trying to do the right thing.]
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THE GOVERNMENT MAKES IT HARDER FOR THE FORMERLY INCARCERATED TO BE
GOOD CITIZENS  
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Jared McClain and Andrew Ward
August 28, 2023
The Daily Beast
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_ If rehabilitation is the point of our justice system, government
agencies shouldn’t punish people who’ve paid their debt, and who
are trying to do the right thing. _

,

 

Returning to society after spending time incarcerated
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difficult. For many people, like Altimont Mark Wilks, the government
makes it even harder
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creating new ways to punish them in perpetuity, even after they
complete their sentence.

Altimont owns Carmen’s Corner Store in Hagerstown, Maryland, a
community where around 20 percent
[[link removed]:*2F*2Fdata.census.gov*2Fmap*3Fq=snap*26g=040XX00US24*25248600000*26cid=S2201_C04_001E*26vintage=2020*26layer=VT_2020_860_00_PY_D1*26mode=thematic*26loc=39.6581,-78.1550,z8.5972/1/01000189b6ac137e-572c228e-cb7b-4b36-bfaa-5bcc65fb247e-000000/r8qXhhPccIfHBVOVHbbYPZQcgME=333__;JSUlJSUlJSUlJSU!!LsXw!RgB3DCkeOXxhln3zIgvo0UaAYB4X0CMtzuQph0AwZ_gHqwNSstFZc1o05ZQJ4ixKGp6gJjDReFiPpNPojyuN$] of
people rely on the Supplemental Nutrition Assistance Program (SNAP)
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buy their groceries. But a federal agency decided that Altimont can
never accept SNAP as a form of payment at Carmen’s.

That decision isn’t because Altimont has done anything wrong as a
business owner, but rather because of unrelated crimes from 2004, for
which he’s already served his time.

The United States Department of Agriculture (USDA) permanently bans
anyone with drug, alcohol, tobacco, or firearms convictions from
participating in the SNAP program—a harsher punishment than the
agency dishes out to those who have actually defrauded the program.
That’s not just irrational, it’s also unconstitutional, which is
why Altimont teamed up with our organization, the Institute for
Justice (IJ), to file a federal lawsuit against the agency on Tuesday.

Since his release from prison in 2018, Altimont has been a model
citizen. He began working as a delivery driver for FedEx to save
money. Then, with help from his mother, he was able to open
Carmen’s, which he named after her. He also joined the same local
Rotary Club that counts the judge who sentenced him as a
member, partnered
[[link removed]:*2F*2Fwww.heraldmailmedia.com*2Fstory*2Fnews*2F2019*2F07*2F16*2Few-corner-store-in-hagerstown-offers-a-second-chance*2F44374057*2F/1/01000189b6ac137e-572c228e-cb7b-4b36-bfaa-5bcc65fb247e-000000/872PTZZ26wk38G3d0XErmOskohY=333__;JSUlJSUlJSUlJQ!!LsXw!RgB3DCkeOXxhln3zIgvo0UaAYB4X0CMtzuQph0AwZ_gHqwNSstFZc1o05ZQJ4ixKGp6gJjDReFiPpAr77KJS$] with
the Maryland Comptroller's Office to help other returning citizens
find work, and helped
[[link removed]:*2F*2Fwww.heraldmailmedia.com*2Fstory*2Fnews*2F2019*2F12*2F25*2Fhagerstowns-needy-line-up-for-free-christmas-dinner-and-treats*2F44360121*2F/1/01000189b6ac137e-572c228e-cb7b-4b36-bfaa-5bcc65fb247e-000000/zGXIxP453dOUV9hOh6Sgost5dN4=333__;JSUlJSUlJSUlJQ!!LsXw!RgB3DCkeOXxhln3zIgvo0UaAYB4X0CMtzuQph0AwZ_gHqwNSstFZc1o05ZQJ4ixKGp6gJjDReFiPpBftzcj2$] feed
people in need during the holidays.

Despite all that, the USDA claims that Altimont doesn’t have
sufficient moral integrity to participate in the SNAP program.

“Carmen’s isn’t just a corner store; it’s a cornerstone in the
community,” said Altimont, who opened his business specifically in a
low-income neighborhood so he could help provide for his neighbors.

Unfortunately, the USDA’s permanent punishment scheme isn’t
unique. People like Altimont throughout the country face arbitrary
hurdles to employment that various government agencies create for
people returning from incarceration.

One state away from Altimont, Virginia
[[link removed]:*2F*2Fij.org*2Fcase*2Fvirginia-fresh-start/1/01000189b6ac137e-572c228e-cb7b-4b36-bfaa-5bcc65fb247e-000000/_KaVTsPRy6o-VjjIP9n9upjxJIg=333__;JSUlJQ!!LsXw!RgB3DCkeOXxhln3zIgvo0UaAYB4X0CMtzuQph0AwZ_gHqwNSstFZc1o05ZQJ4ixKGp6gJjDReFiPpDz-9drf$] bars
anyone convicted of any of 176 “barrier” crimes from ever working
in “direct care” jobs, such as substance-abuse counseling.

This policy often prevents people with first-hand experience battling
drug addiction from helping others in similar positions. People like
Rudy Carey who, after years of drug and alcohol addiction, completed
rehab and got clean in 2007. He then got married, finished hundreds of
hours of coursework and training in counseling, and began working as a
counselor in Fredericksburg, Virginia. After five years helping people
battle addiction, Rudy was informed that his work was illegal because
of a single assault conviction from 2004.

These policies don’t apply just to people who spend time in prison.
In Knoxville, Tennessee, Joe Armstrong
[[link removed]:*2F*2Fij.org*2Fcase*2Fknoxville-radio/1/01000189b6ac137e-572c228e-cb7b-4b36-bfaa-5bcc65fb247e-000000/1BBtsJ_iq3MpTgFIZcOy3R-wamI=333__;JSUlJQ!!LsXw!RgB3DCkeOXxhln3zIgvo0UaAYB4X0CMtzuQph0AwZ_gHqwNSstFZc1o05ZQJ4ixKGp6gJjDReFiPpCzom6Z3$] faces
a similar battle with the Federal Communications Commission (FCC).

Joe is the owner of the city’s only Black-owned radio station,
WJBE_, _which was previously owned by music legend James Brown. But
the FCC is threatening to strip the station of its license because of
Joe’s _personal _tax crime from 2009, before he was even involved
with the station. But Joe already served probation for this offense,
and also paid his back taxes and additional fines. Even the judge in
Joe’s case said he had led an “exemplary life,” other than his
tax conviction.

That doesn’t matter to the FCC.

Not only do these barrier laws hurt people by threatening their
livelihood, they also hurt the communities in which these individuals
live.

Blocking Altimont from accepting SNAP makes it harder for low-income
people in Hagerstown to buy groceries; preventing Rudy from providing
counseling makes it harder for people struggling with addiction in
Fredericksburg to find the help they need; and stripping
WJBE’s_ _license would take away a cultural icon in Knoxville.

Further, studies have shown that gainful employment is one of the
most important factors in ensuring returning citizens don’t
reoffend.

Altimont, Rudy, Joe, and countless others throughout the country have
paid their debts to society and turned their lives around. The
government shouldn’t turn their previous mistakes into permanent
black clouds.

_Jared McClain and Andrew Ward are attorneys at the Institute for
Justice who represent Altimont Mark Wilks in his lawsuit against the
United States Department of Agriculture (USDA)._

* formerly incarcerated
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* discrimination
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* Joblessness
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