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December 28, 2011
 
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4B Wednesday, Dec. 28, 2011 Bulletin, Progressive, Record, Reporter Are dreadlocks a protected right? LEGAL MUSINGS STEVE BRENNEMAN steve@schoolpathways.com It should come as no sur- prise to anyone that those who become involuntary guests of this country's prison system give up signifi- cant privacy rights. They are subject to view by prison guards while sleeping, showering and engaging in other "personal" activities. They may be strip searched, including body cavity inspec- tion, without so much as a "by your leave." But Eon Shepherd decided authorities of the New York Department of Corrections had gone too far when they manually searched his dread- locks without his consent. Now why would a prisoner subject to strip searches think his hair is off-limits? Religion, of course. In prisons, where many of the worst predators miraculously find God, Yahweh, Allah or whomever, religion often becomes their trump card. So what religion has the protection of dreadlocks as a basic tenant? Rather obvious isn't it? Rastafarianism. Before you scoff, you should know that Rastafarianism is a religious movement that originated in Jamaica in the 1930s. The name comes from its founder, Ras Tasfari Makonnen, who later took the name Halle Selassie, be- came the emperor of Ethiopia and was revered by his followers as a messiah. In Jamaica, circa 1930, blacks lived .in abject poverty and grew to despise white imperialism as the source of their plight. They came to view Rastafarianism as their salvation, because it preached aspects of separatism and black supremacy. Today's Rastafarians have undergone a transition from the early black liberation roots. Diet is an important tenant, with most Rastafarians being vegetarians. Pork and alcohol are strictly forbidden and coffee is discouraged. However,~they interpret a particular Psalm to encour- age the use of an "herb" for the service of man. Which herb? You guessed it. Ganja (aka, marijuana). Ganja is used not only for relaxation and medicinal purposes but for religious rituals. How so? Well, it turns out the drug helps to produce "religious" visions in which the smoker sees God. Yes, I've heard the drug can have that effect. Another distinctive feature of Rastafarians is the hair- style known as dreadlocks. In this way, Rastafarians are not unlike Orthodox Jews, who wear a distinctive hair- style and beard, or Muslims, who likewise are enjoined to maintain their beards. Shepherd claimed he has a right under the FirsrAmend- ment's free exercise clause to maintain his dreadlocks. OK, Health Center U Open 251-5000 1850 Spring Ridge Dr. Susanville Mak~ ?~r fe e~.er~' PHARMACY Quality Health Care, Your Choice...Our Commitment fine. But does that right ex- tend to prohibiting authorities from touching or searching his hair? A jury apparently thought so and ruled in his favor. And that ruling was later upheld by a federal appellate court. In cases such as this, the first question to be asked is whether one is dealing with a real religion and not just something made up by the prisoner to gain some advan- tage. But who's to say if one religion is real while another is not? How about the Church of All Worlds? Founded in 1962 by Oberon Zell-Rhvenheart, this pagan religion has undergone many reincarna- tions since then and was al- legedly inspired by a fictional religion from a science fiction book, "Stranger in a Strange Land." Adherents generally believe in fairies, witchcraft and that the only sin is hypocrisy. Recently, adherents founded the Grey School of Wizardry patterned in part after Hog. varts of Harry Potter faro e. I don't suppose prison authorities woulc l have to worry much abet Lt accommo- dating members q)f this church. If they got sent to prison, they'd just "puff' themselves free. And then there's the Church of Euthanasia, whose adherents believe there are just too darn many people on Earth and that people should kill themselves for the good of the planet. How does a religion like that maintain a membership base? How about the Church of Nuwaubianism, whose founder believes people were once perfectly symmetrical, but a meteor struck Earth causing its axis to tilt, there- by shifting the heart to the left and creating some left- handed and some right- handed people. He also believes each of us has seven clones living elsewhere on Earth and that women existed for many generations before they invented men through genetic manipula- tion. (Some women I know would probably question whether that was such a good idea.) Oh, and he also be- lieves Nikola Tesla, an early pioneer in electricity, was from Venus. And there's the Church of Ed Wood, a tongue-in-cheek Internet-based religion formed in 1996 in honor of the late Hollywood producer/ director of really bad movies. I have no idea what they believe in, but I bet they have a lot of fun. If we're dealing with a real religion, the next question is whether the claimed right (e.g., no touching of the dreadlocks) is in fact a tenant of that religion and not just something the inmate made up. Over the years, many prisoners have claimed their religion, whatever it might be, requires that they eat kosher food. Kosher food, it turns out, is much prized by inmates over regular prison grub and costs the prison authorities considerably more to produce. Finally, it must be deter- mined if the inmate does in fact follow the religion and the religious practice in question. One may not simply claim to be a Rasta- farian every time the authorities seek to search his dreadlocks. A track record of actual adherence may be required. And even where the prisoner jumps through all these hoops, the question remains whether accommodating the religious practice would compromise prison safety. I am told that carrying a knife, known as a kirpan, is a basic tenet of Sikhism, an Indian-based religion. I doubt that would pass muster in prison. What actually caught my eye about this whole dread- locks case was not the religious claim but what happened to Shepherd's lawyers. They purportedly took the case pro bono, but nevertheless sought an award of nearly $100,000 in attorney fees after winning. However, because fee awards often become the tail that wags the dog in civil rights cases, Congress passed the Religious Litigation Reform Act in 1997, limiting attorney fee awards to 150 percent of any amount recovered in the litigation. In the case of Shepherd, the jury found his civil rights had been violated but awarded him only $1 in damages be- cause, after all, he wasn't really hurt all that much. Therefore, the attorneys received a whopping $1.50 in fees. Now that's what I call pro bono. PG&E urges use of carbon monoxide protection As temperatures begin to drop, Pacific GasI and Electric Co. (PC&E) urgds customers to be mindful of the dangers associated with c ~rbon mono- gic cases of .~ poisoning ,ear during ts as people )xide is a xide. Several tr~ carbon monoxi( take place each the winter mont try to stay warm. Carbon mon colorless, tastele ~s and odor- less gas that is!created by the incomplete combustion of fossil fuels and wood. If QUINCY SUSANVILLE P.O. Box 3556 608 Main Street 400 West Main Street Susanville, CA 96130 Quincy, CA 95971 530.257.7291 530. 283.1112 unsafe concentrations of carbon monoxide are not detected, the result can be fatal. Customers should never use generators, charcoal or barbecue grills inside the home. When using the fire- place to stay warm, make sure the flue is open, so the byproducts of combustion can vent safely through the chimney. Many customers in PG&E's service area use natural gas As the year comes to a close, and we look ahead to the New Year, we'd like to take this time to say thanks. We hope the New Year brings health and prosperity to each and every one of you. wwvzflaniganleavitt.com fax: 866.781.3110 CA License 0E05639 NV I.icense 17793 RENO 6190 Mae Anne Ave. Suite I Reno, NV 89523 furnaces to stay warm. PG&E reminds customers to make sure all natural gas furnaces and appliances inside the home are in proper working order. Natural gas appliances that do not burn properly can produce carbon monoxide. Customers should inspect the flame on all gas appliances. A blue flame indicates complete combustion and the appli- ance is working properly. A lazy, yellow or white flame is a warning sign that the appliance is not burning proper,ly and could be pro- ducing carbon monoxide. If customers suspect there is a problem with a natural gas appliance inside their home, they should call PG&E immediately at (800) PGE- 5000. A gas service represen- tative will be dispatched to do a thorough inspection. Symptoms of carbon mono- xide poisoning include head- aches, drowsiness, dizziness, nausea and convulsions. Be- ,cause carbon monoxide is hard to detect, someone with mild poisoning can go to sleep and continue to breathe the carbon monoxide until severe illness or death occurs. People may also mistake their symptoms for a viral infection like the flu. To help prevent cases of carbon monoxide poisoning, PG&E offers the following tips to keep customers healthy and safe: Install a carbon monoxide detector to warn you if concen- trations become dangerously high. As of July 2011, all Cali- fornia single-family homes are required by law to have one. Place it near~ steeping areas, where they can wake you. • --When using the fireplace, make sure the flue is open, and the chimney is venting properly. --Do not idle cars inside the garage and do not allow snow to block tailpipe emissions when operating a vehicle out- doors. --Make sure water heaters and other natural gas appli- ances have proper ventila- tion. Older appliances and room heaters that are not vented externally should be inspected annually. (888) 447-2679 • (530) 284-1112 Fax: (530) 284-1102 * 101 Pine St., Greenville Serving Plumas, Lassen, Sierra & Modoc Counties * Two Local Technicians • Copiers & Fax Machines • Laser Printers • New or Remanufactured SHAI~R FROM SHARP MINOS COME SHARP PRODUCTSTM *********************** ~l~ My friend is worrying me; her parents are getting a divorce and she won't talk to them '=' P, umas Ani.a, We:lfare S ioc °=' i, about how upset she is, so she is partying a lot, drinking and smoking. 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