Snow

Stephen F. Snow filed a-petition for writ of mandate to require the California Department of Corrections (Department) to rescind a regulation prohibiting inmates from possessing sexually explicit materials, combined with a request for declaratory relief to declare the regulation violates the federal and California constitutions and Penal Code section 2601, subdivision (c). Snow appeals the order dismissing the petition and request for declaratory relief, contending (1) the regulation violates the First Amendment and (2) the regulation violates Penal Code section 2601, subdivision (c). We affirm.

FACTUAL AND PROCEDURAL HISTORY

On July 10, 2002, Department issued a policy prohibiting inmates from possessing or receiving materials showing the frontal nudity of either gender. Frontal nudity is defined as “including either the exposed female breast(s) and/or genitalia of either gender.” In issuing this policy, Department relied upon Mauro v. Arpaio (9th Cir. 1999) 188 F.3d 1054 (Mauro) (en banc), which upheld the constitutionality of a similar Arizona policy. On July 18, 2002, officials at Richard J. Donovan Correctional Facility (Donovan), where Snow was housed, issued a…