Colorado Faces Class Action Lawsuit Over Forced Labor in Prisons

DENVER — A class action lawsuit heading to trial this week is challenging Colorado’s use of prison labor, raising the question: does slavery still exist in the state?

Background on the Lawsuit

The lawsuit targets Governor Jared Polis and the Colorado Department of Corrections (DOC), claiming the state continues to use forced labor in violation of its constitution. The case centers on the 13th Amendment of the U.S. Constitution, which bans slavery and involuntary servitude “except as a punishment for crime.”

In 2018, Colorado voters amended the state constitution to eliminate that exception, making all forms of slavery and forced labor illegal. Colorado became the first state in modern history to do so, followed later by Utah, Nebraska, Alabama, Oregon, and Vermont.

Despite the amendment, plaintiffs argue that the state’s prisons still compel incarcerated people to work under threat of punishment, violating the constitutional ban.

Former and Current Prisoners Speak Out

Sarah Beaudoin, who spent more than 18 years in prison, said the system has not changed since the 2018 amendment.

“If you don’t go to work today, you will get restricted privileges, loss of privileges, or you will go to the hole. Those are the options,” Beaudoin said.

She described how the pressure to work has affected her even after release. “If I know I have to be at work, I have to be at work. I have recently started to challenge myself and leave early from work,” she said, adding that being sick never mattered in prison.

Stephanie McGuffie, whose son is currently incarcerated, said families also feel the effects of the system. “I need to put my eyes on my child,” McGuffie said. “Is he thin? Is he frail? Has he eaten? You know, I need to be able to touch him and ask these questions.”

State Officials and Legal Arguments

Officials from both the governor’s office and the Department of Corrections declined to comment on the case, citing pending litigation.

However, in a 2022 motion to dismiss the lawsuit, the state argued that the DOC’s work requirements are part of a rehabilitation program and do not violate the anti-slavery law.

“Colorado’s inmate work program was created and is administered as part of CDOC’s obligation to rehabilitate offenders,” the motion stated. “All inmates are required to participate in a rehabilitation and work program in some form under rules and regulations implemented by CDOC.”

The state also maintained that prisoners are not deprived of basic human rights such as food, shelter, or medical care if they refuse to work.

A Test for Colorado’s Constitution

The case, set for District Court this week, will test whether Colorado has truly abolished forced labor under its constitution.

For advocates like Beaudoin and McGuffie, the trial represents more than a legal fight—it’s a question of whether the 2018 constitutional amendment has meaning.

As Beaudoin put it, the promise to end slavery in Colorado remains unfulfilled.