“On 18 February 2011, Chicano political prisoner Alvaro Luna Hernandez (in solitary confinement in Hughes Unit, Gatesville,TX) was denied the right to receive this book, Defying the Tomb, sent to him by the publisher, Inside Out Books, on the grounds that pages 112-113, and 120-121 of the book violated prison mail rules because the said pages were allegedly “construed and written solely for the purpose of communicating information designed to achieve the breakdown of prisons through offender disruption, such as strikes, riots or security threat activity….” (TDCJ Denial Notification Form, 2/18/11). However, within a matter of several days, Inside Out Books mailed Mr. Hernandez actual copies of the said pages, which were received by Mr. Hernandez without incident or restriction, illustrating the arbitrary and unjust nature of the original censorship of the book. Moreover, the said pages did not at all bear resemblance to the initial claims made by mailroom officials. Additionally, Inside Out Books was never served with a “notice of denial of publication”—an inaction which is a flagrant violation of federal law. Worse yet, in response to Mr. Hernandez’s filed complaint, Mailroom Supervisor, G. VANDIVER threatened further First Amendment violations against Mr. Hernandez, noting that his correspondents may “be put on a negative mail list” ostensibly as retaliation for Mr. Hernandez’s criticism of mailroom policies, and more broadly, his continued human rights activism directed at enforcing the constitutional rights of prisoners.”
“THE COMMITTEE TO FREE ALVARO LUNA HERNANDEZ IS ASKING FOR THE PARTICIPATION OF ALL HIS COMRADES AND FRIENDS IN A: PROTEST CALL-IN Set for Wednesday, APRIL 6, 2011, To the TDCJ in Huntsville, Texas, Alfred D. Hughes Unit, in Gatesville, Texas, @ 2PM (CDT) – To object to the growing threats of censorship to his mail and 1st Amendment Rights, and retaliation by staff for observing his right to file a grievance. (254) 865-6663 Ask for: Hughes Unit Senior Warden Edward Smith 1 (800) 535-0283 Texas Department of Criminal Justice (TDCJ) Ask for TDCJ-CID Ombudsman Program Coordinator Linda Shaw – Administrative Review & Risk management Division: Direct line: (936) 437-8035 Or – TDCJ-CID Ombudsman Office Line: (936) 437-6791 This was an act of retaliation, in that Mail-room Supervisor G. Vandiver, specifically, made a threat to Alvaro that his correspondents (we presume to be all) “be put on a negative mail list.” You’ll have to give Alvaro’s TDCJ-CID# 255735 when you call, and mention he’s in Administrative Segregation at the Alfred D. Hughes Unit in Gatesville, Texas. Tell Huntsville that we demand the “pages in dispute” that were torn out, but these same pages then re-sent separately by the publisher of the book in question “Defying The Tomb”, being confiscated once again must be returned to him, and an explanation why there were two different decisions made by the mail room in regards to not allowing the pages and then admitting them separately later.”
