Officials See Ruling Changing Little in ‘Rubber Rooms’

When it comes to the future of Orange County Jail’s controversial “rubber rooms,” inmate Rudy Vega finds himself in ironic agreement with his jailers.

Despite a ruling this week in federal court that civil libertarians say will mean the end of the empty, padded isolation cells, both Vega and county officials doubt that they will see much of a change in jail operations.

Vega, one of the three inmates who sued the county to halt use of the cells, hailed the finding on Wednesday by U.S. District Judge William P. Gray that rubber-room inmates should be provided such basic human necessities as beds, clothing, toilet paper and washing facilities.

“A judge like that, who cares about us, about a humane society, that’s one in a million,” said Vega, who is still in jail, facing murder and robbery charges, and was held in a rubber room for 2 days last year.

Still, Vega said he doubts that inmates who are considered potentially dangerous or suicidal and are confined to rubber rooms will see much difference in their treatment without forceful, outside monitoring of jail conditions.

The American Civil Liberties Union, which represented Vega and the two other inmates, calls the decision a precedent-setting victory that should effectively put an end to the controversial rubber rooms, which are about 8 feet by 10 feet in size.

But county officials, who met throughout the day Thursday to assess the impact of the ruling, maintained that Judge Gray allowed them the flexibility to deny inmates beds, utensils, toilet paper and other items that are deemed dangerous by qualified psychiatrists. That, they say, has been the standard practice.

The differing interpretations over just what the ruling will mean in practice could spark a confrontation. The Sheriff’s Department already has voiced a protest over a part of the decision that grants the ACLU unlimited access to the jails.

On the future of the rubber rooms, county officials said Thursday that inmates considered dangerous probably still will be denied cloth robes or beds, and those who can be given such items will likely be able to leave the padded isolation cells altogether.

“From our standpoint, what the judge did was to reaffirm what we’ve already been doing,” said Rocky Hewitt, assistant sheriff for the central jail complex.

Added Tom Uran, director of the county Health Care Agency, whose medical staff is responsible for examining jail inmates: “This will mean very little change for us. We won’t operate much differently than we do now.”

Some county officials conceded, however, that the ruling may lead to at least a few minor changes.

For example, beds might be placed in the rubber rooms for borderline cases, said Frank Madrigal, who heads the mental health program at County Jail.

County officials said they will continue to have psychiatric and medical personnel evaluate inmates and, if found to be overly combative or self-abusive, those inmates will be put in the padded isolation cells, which are generally empty except for a hole in the floor for human wastes.

In the past, inmates placed in the cells have generally not been provided such amenities as clothing, mattresses, toilet paper or utensils. In his decision Wednesday, Judge Gray found such practices “far below the standards of human decency” and ordered the county to provide such items.

The judge said that such items could be denied only if the inmates are found dangerous or suicidal by certification of medical personnel.

Madrigal said the directive “is in line with our current practice. This is just a refinement.”

But ACLU volunteer attorney Dick Herman maintained in an interview Thursday that “things are not going to be anything like what they are now in the rubber rooms, and we discussed this extensively in chambers” with Gray and county counsel.

Despite the disagreement over what Gray’s ruling means, Herman said he is confident that the issue can be resolved without a confrontation.

More problematic, however, could be Herman’s own access to the jail facilities as a representative of the ACLU.

Despite Gray’s order granting the ACLU unlimited access to jail facilities to look into inmate complaints of mistreatment, Sheriff-Coroner Brad Gates has said he would refuse entry to Herman.

Aides said Gates was out of town Thursday and unavailable for comment. Hewitt, the assistant sheriff who is coordinating the review of the “rubber rooms” ruling in Gates’ absence, said: “The sheriff has said Dick Herman is not welcome in our jail. The sheriff does not feel Mr. Herman has been reasonable, that many of his allegations have been untruthful.”

Vega, the inmate who brought the suit against the county, was put into a rubber room last year after jail officials said he had threatened a guard. He recalls being cold and uncomfortable for those 2 days, without clothing or a mattress, and having to use an old paper plate from his dinner as toilet paper.

“There’s no way to explain what it feels like to be confined in there,” he said. “You’re treated like an animal.”