Banned from serving wine? Kansas should ditch antiquated criminal penalties

As public defenders, we exclusively represent people charged with crimes who are too poor to hire an attorney. Invariably, our clients share many of the same lived experiences: a pre-natal environment no one would choose, chaos in the home from a young age, time spent in the foster care system (and the tragic sense of abandonment that comes with it), and an education that stops well short of high school graduation, just to name a few.

Rachel experienced each of these misfortunes (and more) as a kid. Even still, as a single mom in her late 20s today, Rachel is the model for how the criminal system can work to the benefit of all stakeholders.

The details of Rachel’s case aren’t important, but the state ultimately convicted her of selling drugs to an undercover cop. But for a prosecutor who decided to give her a shot at probation, Rachel would have found herself staring down a nearly 20-year prison sentence even though she had no prior felony record.

She’s absolutely made the most of the chance she was given. In addition to providing clean drug tests to her probation officer for well over a year, Rachel has obtained her high school diploma and held down steady employment since being sentenced to probation. While residing in a sober-living home several months ago, Rachel’s peers selected her to be their representative at a conference for those working towards abstaining from drugs. She’s even enrolled in college courses with the goal of graduating with her paralegal certificate.

So imagine Rachel’s disappointment when she discovered that Kansas law prohibits her from getting a second job as a waitress at a popular local restaurant. Under the law, anyone adjudged guilty of a felony is banned from serving alcohol. For life. The only way out is to have the conviction expunged, but Rachel won’t even be eligible for expungement for at least five more years.

So here we have this young woman who is the model of all that we could possibly hope for when someone gets a break in the criminal system — someone who made the most of her opportunity and is working hard to be the best mom she can be to her kids. Yet Kansas law bans her from being able to simply serve a glass of wine.

Nothing about Rachel’s underlying case had anything to do with the consumption of alcohol. She was over the legal age to drink at the time the crime occurred. And although she’s quick to acknowledge a history that includes substance use issues, none of that ever had anything to do with alcohol.

Might there exist reasonable arguments for keeping certain offenders away from alcohol as they work toward achieving financial independence and maintaining sobriety? Sure, I imagine such arguments exist. But a blanket prohibition that allows for no discretion for someone like Rachel to seize an opportunity to put more money in her pocket is misguided.

Rachel’s circumstances highlight only one of the litany of hurdles placed at the feet of people working towards rehabilitation after exposure to the criminal system. For those looking to put their pasts behind them, offender registries, housing limitations, abysmal access to mental health resources, and a major shortage of drug treatment programs are right up there alongside employment barriers in terms of the obstacles justice-involved people have to deal with on a daily basis.

If Kansas is serious about fixing its broken system that has resulted in our prisons bursting at the seams, one place ripe for improvement is to do away with antiquated barriers that prevent these folks from getting back on their feet.