present politics not to be perfect it doesn't need to be necessary and it doesn't even have to be at least restrictive means what it does have to be is reasonable and this is not a close scrutiny standard of those items differently than written items is because incoming mail written mail periodicals both and so one has proven distinctly problematic in the present context there are encrypted messages and both for the president to enact a second additional regulation to create a second mechanism to cast those items that weren't initially caught even though they should have been and that is ultimately i think where the district court got it dead at the outset for declarations by four individuals where there is no record that they even followed up with the book vendors to have its history if they could rectify those votes from sources that have proven to not be inclined to attend contraband into prison and do that and it's important to make a policy like this some sort of policy that makes it as crystal clear as possible for the press or staff working in the mail rooms to determine you know no matter how many other packages there are no matter how long they've been doing it all day you know it will alert them to the fact that there's a problem and this is probably some things coming directly from the poppy sure without requiring this particular form of restriction  i think the concern that is more even more substantial than that however is the fact that nothing can discovered if it message not an x ray machine not a floor scope nothing except for the human eye and call it just reiterate we of course are not challenging a very good rule that they can only come sound policy we would not disputed a bit of the rule by the way is not a publisher the bookbinder just can't be bothered with these blue labels well i'm hoping in the record i think we actually did have one of the labels and they're just you have to imagine you know the barnes and noble shipping and receiving area which is probably about five acres in is a highly energetic person highly resourceful and it is not from lack of trying that he hasn't been able to get these books he's the kind of person that really tries to do it he's a vociferous reader when he can have the book he wants to read them and unfortunately now he can't and as of the date of the summary judgment in been several years since he had had a book and i think it's kind of a you know it's one of those things i'd also like to point out that this is a rule specific to happened it happened post you know it had i'm just kind of telling you that to let you understand the attitude up there it's post judgment activity that we well i don't know i just like to let you know that i realize my procedure is to go back there to do a motion to enforce it and we will do that i think if you i just think it's kind of audit the warden to sort of violating the law as far as i'm concerned it's just sort of odd anyway thought we'd like to say also that there has never been any documented case of some kind of paraphernalia coming in in a book from a vendor you know you'd have to have your buddy working in barnes and noble or something and all the old theoretically that could happen it just hasn't happened and i think they have a valid concern to look out for stuff but it just hasn't happened yet also they get a look at the books no matter what whether you know however the com it would make life simpler for the mail right i'll tell you what we respect the fact that the mail room people down there have a big job to look at everything that comes in you know there's all kinds of letters coming in and it's a big job and i don't want to add to that job i don't want to make it so they miss one but the problem here though is that they unfortunately they just sort of preclude a mom and it's you know it's sort of it's a good program now because they just can't get it off and we we wouldn't mind it  just so you know if it missed we got to do a little more work to get a book in well that's ok we'll do a little more work and i agree with mr walston you can't you can't complain that it is quote inconvenient or a hassle that's fine if the book readers would do it we would just keep up with it and we would send the books out there and you know give them that blue label and if they would put it on i think we would probably don't even have to skate the works if the booksellers would apply the book label and send the books and then you know my client would just put up with it and deal with it which is i'm sure the proper way to do it unfortunately here we just can't do it and the question that you'll have to resolve is you know whether there's sort of as a court found it just doesn't make comm and i think the court did by the way as you know they're making a big issue about whether the proper standard was applied and i thought it was abundantly clear from the court's order that she applied the proper test went through it very carefully element by element and found that it didn't make common sense there was no rational relationship the transcript of the summary judgment proceeding the court asked the attorney representative it was not the same counsel's on appeal but you know what what is this scenario under which this could really help things and i think the biggest issue is there they might be concerned about somebody doctoring up a book on your label so you could for example you could put a return on the low barnes and noble and i think if you went to a stationery store for a hundred bucks you could probably buy that and you could mail in something with a barnes and noble return on it and the the people that are running the mail room might not detect that it is some kind of a fraud make a fake barnes and noble return address could just as quickly print out this label which could be done on a word processor just printed on blue paper so what's the difference and it really kind of gets down to that it's sort of like either way that they've got some issues the e they cannot i think just outright prohibit books in the prison i find it to comparison alone one of the big differences there is they were allowed to prohibit one type of religious ceremony but they still haven't prohibited people for example from being a moslem in prison it's not it's not the whole kit and caboodle in other words it's just a part of a pretty big h religious enterprise i would agree i'm really surprised at that decision but that's what it is and i would agree with you one hundred percent it's a big thing there but it doesn't say you can't be a muslim you know you can still do what you need to do at whatever you are able to do it in yourself and what not so there's still crack you know you are still allowed to you know be a muslim in jail that's all and here you may be excluded altogether having a book they  and me there was a case where they ruled that oh no you can't get a free book and that was just seen as why not you know and they decided no you can't do that and we think we're in kind of that category where they're just where there's a regulation that causes