Can authorities bar my business simply because a customer may be a felon ?
Full Question:
Answer:
Correspondence with inmates has fallen under the restrictions against association with other felons. In such cases, the freedom of association has been balanced against the interest of the state in running the penal institution. Case law has held that the “legitimate penological interests” standard applies to alleged associational infringements on prisoners and non-prisoners alike. The government is only required to show a valid, rational connection to a legitimate governmental interest. This rational basis test is the lowest standard of proof, and as long as the government can show some rational reason, it will generally be upheld. In other cases, where a higher standard, such as strict scrutiny applies, the government must show that their goal can't be met by less restrictive means. Under the rational basis test, the logical connection between the regulation and the asserted goal cannot be “so remote as to render the policy arbitrary or irrational.”
Whether your rights have been violated will be a matter of determination for the court, based on all the facts and circumstances involved. Some of the factors, among others, that the court may consider include the nature of the material being mailed, whether there are alternative means for screening customers, and whether the restriction prevents you from earning a living by other means.
Please see the information at the following links:
http://supreme.justia.com/us/433/119/case.html
http://www.usdoj.gov/osg/briefs/1986/sg860455.txt
http://definitions.uslegal.com/s/strict-scrutiny/
