Explore the historic Colorado ruling against forced prison labor, its impact on the 13th Amendment loophole, and what it means for human rights in the US.
Is Prison Labor Slavery? The Colorado Forced Labor Ruling Explained
By Darius Spearman (africanelements)
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On February 16, 2026, a Denver judge delivered a decision that shook the American legal system. Judge Sarah Wallace ruled that the Colorado Department of Corrections broke the state constitution. The court found that the state used forced labor practices that resembled slavery. This ruling is a major moment in the fight for human rights within the prison system. It focuses on how the state treats people who are incarcerated (colorado.gov).
The case is known as Mortis v. Colorado Department of Corrections. It was a class-action lawsuit. It represented thousands of people who were forced to work while in prison. The judge stated that the state can no longer punish inmates for refusing to work. This decision marks the first time a court enforced a new rule against slavery in Colorado. It is a historic victory for those who have long argued against modern forms of involuntary servitude (togethercolorado.org).
The Landmark Ruling of February 2026
Judge Wallace wrote a 61-page ruling to explain her decision. She found that the state’s "work-or-confinement" policy was unconstitutional. This policy forced inmates to take work assignments. If they refused, they faced harsh punishments. These punishments included being put into solitary confinement. The judge ruled that this system fits the definition of involuntary servitude (colorado.gov).
The lawsuit was led by Harold Mortis. He is an African American man serving a long sentence at the Sterling Correctional Facility. Mortis and others testified about the threats they faced. They spoke about losing "earned time" credits. These credits help people get out of prison earlier. When the state took these credits away as a punishment for not working, it effectively extended their prison stay. The judge ordered an immediate stop to these coercive practices (togethercolorado.org).
Comparison of Hourly Wages (2024-2026)
Minimum Wage
$14.42/hr
Avg. Prison Wage
$0.97/hr
Low Prison Wage
$0.13/hr
The History of the Penal Exception
To understand why this ruling matters, one must look at history. In 1865, the 13th Amendment to the U.S. Constitution abolished slavery. However, it included a major loophole. It allowed slavery as a punishment for a crime. This is known as the "penal exception." For over 150 years, this loophole allowed states to force prisoners to work without pay or for very little money (wikipedia.org).
The historical intricacies of the U.S. Constitution and slavery remain relevant in this legal battle. Colorado followed this same pattern when it became a state in 1876. Its constitution also had a penal exception. This language allowed the state to treat incarcerated people as laborers for the government. It created a system where the state could profit from the work of those it had imprisoned. This practice went unchallenged for more than a century (cde.state.co.us).
During the Reconstruction era, this loophole was weaponized. States in the South used "Black Codes" to arrest Black men for minor things. They were then leased out to private companies for labor. This was called convict leasing. It was a way to keep the economic benefits of slavery alive after the Civil War ended. While Colorado did not have the same plantation history, it used the same legal logic to build its prison industries (wikipedia.org).
The Path to Amendment A
Activists in Colorado worked for years to close this loophole. In 2016, they tried to pass Amendment T. This measure aimed to remove the exception for slavery from the state constitution. It failed by a very small margin. Supporters believed the wording on the ballot was confusing. Some voters may have accidentally voted against it because they did not understand the question (togethercolorado.org).
They did not give up. In 2018, they brought a new measure called Amendment A to the voters. This time, the language was clear. It proposed that slavery and involuntary servitude should be banned in all circumstances. There would be no exceptions for crimes. Colorado voters passed it with a massive 66% of the vote. Colorado became the first state in modern history to totally ban slavery within its borders (cde.state.co.us).
Even after the law changed, the prison system did not change its ways immediately. The Department of Corrections argued that work was part of "rehabilitation." They claimed that chores and jobs were not forced labor. This friction led directly to the 2026 court case. The people inside the prisons knew that if they said no to work, they would be punished. They felt that the 2018 amendment was being ignored by the state (colorado.gov).
Solitary Confinement as a Tool for Labor
The 2026 ruling specifically targeted the use of solitary confinement. For years, Colorado was a leader in using "Supermax" prisons. These facilities were designed to keep people in small cells for 23 hours a day. While the state said it was moving away from this for violent behavior, the lawsuit proved it was still used as a threat. If an inmate did not want to work, they were often sent to these isolation units (prearesourcecenter.org).
This type of isolation is very damaging to the human mind. Medical experts say it can cause permanent brain issues and deep anxiety. Using such a harsh punishment to make someone work is the definition of coercion. The judge found that the state rebranded these units. They called them things like "Removal From Population." Even with a new name, the conditions remained the same. It was a "stick" used to ensure people kept working for pennies (colorado.gov).
Prison Labor by the Numbers
14K
Work Refusal Write-ups (2019-2023)
$24M
CCI Product Sales Revenue (FY2022)
17%
Black Inmate Pop. (vs 5% of Gen. Pop.)
The Economics of Exploitation
There is a massive amount of money involved in prison labor. Colorado Correctional Industries, or CCI, is a state-owned business. It uses incarcerated workers to make furniture and license plates. They even tame wild horses. In 2022, CCI made $24 million from these products. However, the workers were paid almost nothing. Wages averaged about 97 cents an hour (colorado.gov).
The struggles for economic justice against all odds demonstrate how important fair wages are for everyone. In prison, low wages make it hard for people to help their families. Many incarcerated people have children and bills on the outside. When the state takes their labor for less than a dollar an hour, it prevents them from ever getting ahead. It also makes it impossible to pay back the money they owe for their crimes (togethercolorado.org).
Critics call this system economic extraction. The state saves money and makes a profit while the prisoners stay poor. If the state had to pay minimum wage, it would cost millions of dollars more. This financial incentive is why the state fought so hard to keep the old system. The 2026 ruling forces the state to rethink how it funds its operations without relying on forced, low-wage labor (cde.state.co.us).
The Burden on Black and Latino Communities
The weight of these practices does not fall on everyone equally. In Colorado, there is a clear racial disparity in the prison system. Black people make up only 5% of the general population. Yet, they make up 17% of the people in prison. This means that the rules regarding forced labor disproportionately affect Black men and women (wikipedia.org).
Understanding the sharing of power between state and federal governments helps explain why state-level changes like Amendment A are so critical. When state laws target marginalized groups, the impact is felt for generations. In the prison system, Black inmates are often assigned to manual labor jobs. These jobs are often in kitchens or on grounds crews. They are less likely to get the higher-paying vocational jobs (togethercolorado.org).
Because of this, the 14,000 disciplinary write-ups for "failing to work" hit Black families the hardest. These write-ups lead to more time in prison. This keeps fathers and mothers away from their children for longer. It drains the wealth from Black communities. The court's decision is a step toward fixing a system that has long penalized people of color more than others (colorado.gov).
Earned Time and the Threat of Longer Stays
One of the most powerful tools the state used was "earned time." This is a system where prisoners get days taken off their sentence for good behavior. In Colorado, an inmate can earn up to 10 or 12 days a month. This is a huge deal for someone serving a 10-year sentence. It could mean going home years earlier. But the state used this as a weapon (colorado.gov).
If an inmate refused a work assignment, the state would stop giving them earned time. This made the labor "forced" because the alternative was staying in prison longer. The court found that this was not a "choice" at all. It was a form of legal kidnapping to get labor. If someone has to work or stay in a cell longer, they are not working by their own free will (togethercolorado.org).
The judge ruled that the state cannot use earned time as a "stick" to force work. Incentives are allowed, but punishments for opting out are not. This shift changes the entire environment of the prison. Now, the state must find ways to make people want to work. They must provide real value and fair treatment to the workers (colorado.gov).
Recidivism Rates: Forced vs. Voluntary Models
45%
30%
6%
Traditional (High)
Traditional (Low)
Breakthrough (Voluntary)
The Future of Voluntary Rehabilitation
The ruling does not mean that work in prison will stop. Instead, it must become voluntary. There are already examples of how this can work. A program called Breakthrough shows a different way. It focuses on teaching people how to start businesses. It provides high-level professional skills. Most importantly, it is completely optional (colorado.gov).
The success of these programs is clear. Breakthrough has a recidivism rate of only 6%. This is much lower than the general rate of 28% to 45%. When people choose to learn and work, they are more likely to succeed when they leave. Unlike the success of early Black entrepreneurs who built businesses from the ground up, incarcerated individuals need a fair chance to restart their lives without being exploited (colorado.gov).
The state must now focus on these incentive-based models. This might mean paying higher wages. It might mean offering more educational credits. The 2026 ruling forces the Department of Corrections to treat incarcerated people as human beings with rights. This shift from coercion to cooperation could lead to a safer and more effective prison system for everyone (prearesourcecenter.org).
National Implications of the Denver Decision
Colorado is not the only state watching this case. Many other states have followed Colorado’s lead by passing similar constitutional amendments. Utah, Nebraska, Alabama, and Oregon have all removed the penal exception from their own laws. The Denver ruling serves as a "test case" for the rest of the country. It shows that courts are willing to hold states accountable to these new rules (cde.state.co.us).
President Donald Trump is currently leading the country during this shift in carceral policy. His administration has often focused on law and order, but the states are driving this constitutional change. The ruling by Judge Wallace proves that state constitutions are a powerful tool for civil rights. If Colorado can successfully move away from forced labor, other states will likely follow (wikipedia.org).
This movement is about more than just prison work. It is about closing the final chapter of slavery in America. By removing the threat of solitary confinement and the loss of earned time, the court has removed the tools of enslavement. It is a slow process, but the legal foundation is now set. The legacy of the 1876 penal exception is finally being erased (cde.state.co.us).
Conclusion: A New Era for Justice
The February 16, 2026, ruling is a major victory for Harold Mortis and thousands of others. It affirms that the will of the voters must be respected. When the people of Colorado voted to end slavery in all circumstances, they meant it. The state corrections system cannot hide behind "rehabilitation" to keep old, abusive practices alive (colorado.gov).
The journey from 1876 to 2026 has been long and difficult. It took a century and a half to close a loophole that should never have existed. This case shows that the fight for justice requires constant effort. It requires activists, lawyers, and incarcerated people to stand up and demand their rights. Colorado has taken a bold step toward a future where "involuntary servitude" truly means never (togethercolorado.org).
As the state moves forward, it faces a budget crisis and political challenges. However, the constitutional mandate is clear. The days of using the prison system as a source of forced labor are over. This ruling reminds everyone that human dignity does not stop at the prison gate. It is a landmark moment that will be remembered for decades to come (colorado.gov).
About the Author
Darius Spearman is a professor of Black Studies at San Diego City College, where he has been teaching for over 20 years. He is the founder of African Elements, a media platform dedicated to providing educational resources on the history and culture of the African diaspora. Through his work, Spearman aims to empower and educate by bringing historical context to contemporary issues affecting the Black community.