The lawsuit over Broome County Jail’s visitation policy is continuing, as Broome County has filed an appeal.

In May, Joshua Cotter, an attorney at Legal Services of Central New York, filed a class action suit against Broome County and David Harder, the sheriff of Broome County Jail, for prohibiting in-person visitation and overcharging for mobile communication. Cotter filed the suit on behalf of Justice and Unity for Southern Tier (JUST), a nonprofit dedicated to advocating for incarcerated persons, who claim the jail’s refusal is a human rights violation.

On Aug. 8, Judge Oliver N. Blaise III, a Supreme Court Justice of the Broome County Courthouse, mandated Broome County to reopen in-person visitation by Sept. 5. The defendants, Broome County and Harder, filed an appeal in response to the decree.

Bill Martin, founding member of JUST and Bartle professor of sociology at Binghamton University, said he believes that the jail will have to reopen visitation, regardless of the appeal.

“Harder is resistant, and the county supports him,” Martin said. “It was the county lawyer that actually filed the appeal. It is clear he is going to lose this appeal. You may have noticed in the press that, when asked, the two persons running to replace him both said [that] as soon as they’re in power, they would open up visitation immediately. So Harder’s position is an extreme one by comparison to what’s happened in other prisons and state counties.”

Harder is currently completing his sixth term as sheriff, and plans to retire in later this year.

Kathleen Newcomb, a candidate for Broome County sheriff and Harder’s colleague of 30 years, is running as a Democrat against Republican Fred Akshar. Newcomb said that faculty and staff at the jail strive to maintain a COVID-19-free environment, which she plans to continue, along with reopening in-person visitation if she is elected.

“With respect to incarcerated persons and maintaining a healthy and well-balanced state, there is no doubt they need face-to-face, in-person interaction with their loved ones,” Newcomb wrote in an email. “The sheriff must give careful consideration to many important issues during these uncertain times. COVID-19 numbers are once again on the rise, and we know the virus is easily spread. With that in mind, I support the reopening of visitation, with restrictions, to safeguard the health and safety of all.”

James Lynch, an inmate at the Broome County Jail, claimed the facility has taken measures to prevent the spread of COVID-19 but does not require inmates to be vaccinated.

“The Broome County Jail does not make you get any shot you don’t want to, and that includes the COVID-19 vaccine,” Lynch wrote. “So the only thing they do to stop the spread of [COVID-19] is make us wear masks all day. I’ve never had [COVID-19] in the jail before, but all they do when you catch [COVID-19] in here is shut down the dorm that tested positive for 10 days.”

The Broome County Jail charges about six times what the state prison charges for calls, texts and video calls. JUST claimed the jail has profited over one million dollars from overpriced fees.

According to Jackson Hengsterman, coordinator of JUST’s volunteer visitation program and a senior majoring in English, some of the money went toward purchasing an armored vehicle. Newcomb explained that the Broome County Sheriff’s Office has a “BearCat” armored vehicle, but only for Special Weapons and Tactics (SWAT) team purposes. Newcomb said she cannot confirm if the money was sourced from inmate communication fees.

“It has been disclosed in the sheriff’s office annual report as well as other media outlets,” Newcomb wrote in an email. “I am not aware of what funds were utilized to purchase the vehicle nor was I involved in the purchase in any way.”

Jacey Ruisi, a sophomore majoring in English, expressed disappointment in the jail’s decisions and believes the public should be included in facility matters.

“The budget of a prison system should be public, and the decisions made by those running [the jail] should be clear and ethical,” Ruisi said. “The fact that the sheriff’s motives are in question proves that these decisions aren’t as public as they should be and [reveals] a system that is vulnerable to corruption.”

Sheriff Harder did not respond to a request for comment.

Editor’s Note (9/13/22): A previous version of this article stated that the BearCat armored vehicle was owned by the Broome County Jail. The vehicle is owned by the Broome County Sheriff’s Office. Pipe Dream regrets the error.