By John Q. Hosedrinker 
A class-action lawsuit against Colorado Governor Jared Polis and the Department of Corrections addresses forced labor within prisons, focusing on the 13th Amendment’s exception clause. Despite Colorado’s 2018 amendment abolishing slavery and forced labor without exception, the lawsuit alleges that prison labor practices haven’t changed, with inmates facing penalties for refusing to work. The plaintiffs argue this violates the state’s revised constitution, while state officials, citing pending litigation, declined to comment, but previously argued the labor program is for rehabilitation and doesn’t deny basic human rights. The trial is set to begin Tuesday.
Read the original article here
Lawsuit against Gov. Polis claims forced labor still exists in state prisons, despite passing of Amendment A, and it’s a really important issue. It’s not just about semantics or political posturing; it dives deep into the heart of what “ending slavery” actually means in practice. The fact that a lawsuit has emerged, alleging forced labor continues in Colorado prisons even after a constitutional amendment specifically aimed at eliminating it, should be a wake-up call. It forces us to confront whether a system we’ve designed, meant to rehabilitate and punish justly, might still be harboring vestiges of exploitation.
The heart of the matter harks back to the 13th Amendment of the US Constitution. That amendment abolished slavery and involuntary servitude – but, and this is a crucial ‘but’ – it included an exception, stating that involuntary servitude is acceptable “as a punishment for crime whereof the party shall have been duly convicted.” This carve-out, unfortunately, has been exploited to justify forced labor within prisons for a very long time. Colorado recognized this loophole and, in 2018, took action. The state amended its constitution to explicitly abolish slavery and forced labor, with *no* exceptions. That was a significant victory, a clear statement of intent.
Now, the lawsuit against Governor Polis brings the reality of that intent into question. It suggests that, despite the amendment, the practices haven’t changed in the prisons and that prisoners are still being forced to work. If true, it’s a direct challenge to the spirit and letter of the state’s own constitution.
The underlying reality is this: if prisoners are compelled to work under threat, it’s effectively the same loophole the 13th Amendment previously permitted. And as this alludes to the historical roots of this issue, it’s important to remember the history of such exploitation and how these practices connect to the exploitation of Black labor. It’s not some neutral or abstract legal debate; it’s rooted in a painful and deeply unjust past.
When you delve into these kinds of situations, the details become pretty troubling. We’re talking about long hours, often for minimal or even zero pay. We’re talking about situations where basic workplace safety regulations and labor protections may not apply to incarcerated individuals. If a prisoner refuses to work, what happens? Often, it’s punishment, potentially including solitary confinement. The system can become a treadmill, a cycle of coercion and control that’s hard to escape.
The argument that this is not slavery, that it’s “skill building” or that it’s just a matter of prisoners earning “privileges,” doesn’t hold water when considering the practical implications. The core issue isn’t just about legality in this case; it’s about the economics of the situation. It’s about prison labor generating billions of dollars for both the state and, crucially, for private companies that use incarcerated workers. When you look at it from this perspective, the incentives become very clear, and they often run counter to the supposed goals of rehabilitation or fair punishment.
Another angle to consider is the rates of incarceration themselves, and who is being incarcerated. The high rates of incarceration, and a disproportionate focus on non-violent drug offenses, particularly for things like simple possession, create the potential for the system to be overwhelmed and for conditions to become even more exploitative. In situations like this, it’s also easy to see how attempts at reform can be stymied.
And here’s the bottom line: If the fundamental goal of incarceration is not just punishment, but also rehabilitation, we need to re-evaluate the role of labor. If people are forced to work, it’s hard to see how that supports genuine rehabilitation. It’s also hard to see how it aligns with the fundamental American ideals of justice and fairness. This is a complex situation with an urgent need for further investigation and, if the allegations are proven, a commitment to real change.