News / FJP Releases
FJP Files Amicus Brief Opposing Genesee County’s Harmful Ban on In-Person Jail Visitation
July 31, 2025 (Detroit, MI) — Today, Fair and Just Prosecution (FJP), along with 27 law enforcement leaders, filed an amicus brief in S.L. v. Swanson, a case challenging blanket bans on in-person visitation in county jails in Michigan. The brief was authored by FJP & attorneys at Covington & Burling, LLP. The brief argues that these policies violate the due process guarantees of the Michigan Constitution by infringing on the fundamental liberty interests of incarcerated individuals and their loved ones without adequate justification or individualized assessment.
At the center of the case is a policy implemented by Genesee County in 2020 that eliminated all in-person visitation and replaced it with costly video and phone calls through a for-profit vendor. Although Genesee County has lifted some of the restrictions on in-person visitation, total bans remain in place in other counties throughout the state, affecting all individuals in custody, including pretrial detainees who have not been convicted of a crime and are largely jailed because of their inability to pay bail. Therefore the unconstitutional blanket bans must be reversed state-wide.
The plaintiffs are family members of incarcerated individuals, some of whom were denied face-to-face contact with their loved ones for over a year. The County has acknowledged that the ban was originally enacted as a revenue-generating measure. The shift to paid, virtual-only visitation has placed an undue burden on families, creating a system where access to loved ones depends solely on ability to pay.
“This policy severs vital familial ties with no legitimate justification or individualized review,” said FJP Executive Director Aramis Ayala. “Research and experience have shown that in-person visitation bans make those who are detained and jail staff less safe. Courts have long recognized the importance of family relationships, and policies that needlessly destroy those connections offend the principles of due process and human dignity that our Constitution is meant to protect.”
Rad the full amicus brief here.