Post by blackcrowheart on Jan 15, 2008 11:29:57 GMT -5
Some American Indian inmates find few outlets to practice their
traditions
The sweet smells of red willow and sage filled the
gym of the St. Louis County Jail. A long, regal pipe filled with red
willow bark was passed among 10 men in blue, each inhaling deeply,
escaping for a moment behind a veil of smoke.
Jeffrey Tibbetts was conducting American Indian religious ceremonies for
inmates who practice the tradition, in a program that takes place each
Thursday at the jail. But the American Civil Liberties Union of
Minnesota is concerned that not all jails offer inmates the right to
practice this religion. Complaints received regarding the lack of
programs at four Minnesota county jails, including Itasca County,
prompted the ACLU to send each a letter.
"Native Americans have had a hard time getting their religions into
prison," said Charles Samuelson, executive director of the Minnesota
ACLU. "Particularly since prisons outlawed the use of tobacco.
It's a minority religion and, frankly, minorities get discriminated
against." [St. Louis County jail inmate Clifford
Skinaway recieves an eagle feather and shell containing burning sage for
a practice called smudging during American Indian religous ceremonies at
the jail Thursday afternoon. (Clint Austin / News Tribune)]
<http://www.duluthnewstribune.com/articles/includes/full_photo.cfm?id=16\
436> St. Louis County jail inmate Clifford Skinaway recieves an eagle
feather and shell containing burning sage for a practice called smudging
during American Indian religous ceremonies at the jail Thursday
afternoon. (Clint Austin / News Tribune)
<http://www.duluthnewstribune.com/reporters/index.cfm?page=articles&repo\
rter_id=197> A federal law called the Religious Land Use and
Institutionalized Persons Act — which any state or local government
receiving federal money must follow — says that any government
action that imposes a large burden on an institutionalized person's
religious beliefs must serve a compelling interest by the least
restrictive means. "That means in a jail setting, a court is likely
to say that an interest in security is going to be compelling," said
Teresa Nelson, legal counsel to the Minnesota ACLU. "For them to
say: `We are not going to allow you to possess a medicine bag
because it could have smuggled contraband' is probably a compelling
interest. But in order to serve that interest … they could have the
medicine bag come from an approved source … or most departments have
drug-
sniffing dogs they could use."
Medicine bags are considered sacred, Nelson said, and having them opened
or handled by someone else can be troubling to the owner.
Ceremonial setbacks
The Itasca County Jail, which received a letter along with Cass, Becker
and Beltrami counties, has no American Indian religious programming. The
jail has had it in the past, said Itasca County Sheriff Pat Medure, and
it is working with the nearby Leech Lake Reservation to find a
replacement.
"We recently had someone preparing for trial, and he asked to do
some prayer and have some smudging … and we were able to accommodate
that," Medure said.
A smudging ceremony is a spiritual purification process that allows
herbs such as sage, cedar and sweetgrass to be burned. Because the jail
facility doesn't have a ventilation system to accommodate ceremonies
that use smoke, Medure said, the inmate was brought to the sheriff's
office.
"We will accommodate on a one-on-one basis," he said, but
inmates need to ask for services. He also said the jail isn't built
to hold larger groups that perform smudging ceremonies.
The jail and a jail annex have a total of 107 beds and hold about 20
American Indians at any given time, Medure said. He is unsure where the
complaint originated, but said nothing about denial of religious
services had been brought to his attention. In reply to the Minnesota
ACLU, the Itasca County Jail said it will allow inmates medicine bags,
but it will require that they be checked by jail personnel or sealed or
sewn shut, which is a typical practice, Nelson said.
Medure's argument that the Minnesota Clean Indoor Air Act is
violated by pipe ceremonies doesn't work for Nelson. She said
exemptions exist for American Indian religious ceremonies, and jails
should look to the Minnesota Department of Corrections for guidelines.
"One objection is that rooms have smoke or sprinkler systems and
can't deactivate them without affecting all of the jail," Nelson
said. "That is something they would need to address … but it
doesn't trump the inmates' rights under the federal law."
`The wind changes
direction'
Jeff Tibbetts is a community advocate for the Fond du Lac Band of Lake
Superior Chippewa. He works with the St. Louis County Jail to hold
American Indian religious ceremonies about two hours once a week that
include smudging, a pipe ceremony, prayer, a talking circle and a
cultural movie. Tibbetts also works with Douglas and Carlton county
jails. Women's groups also convene.
Sage is burned on a shell and passed around a circle, with each person
wafting — with an eagle feather — the smoke around his face and
body, setting the stage for the pipe ceremony.
"It allows for a transfer of thoughts or fears," Tibbetts said.
The smell can create problems in jails because those unfamiliar with it
may mistake it for marijuana, he said, "so sometimes finding a place
to do it can be a problem. But there are ways around it; it just takes
work."
The contents of the ceremonial pipe — kinnikinick — that
Tibbetts uses is made from red willow bark rather than tobacco,
circumventing any issues that might arise about tobacco as contraband.
He gathers and scrapes the kinnikinick himself.
"I think this is more powerful today than breaking open a
cigarette," he said. "I pray before I gather it, asking the
Creator to help those who use it."
If jails do allow tobacco in religious ceremonies, it sometimes creates
other problems, Tibbetts said.
"You get guys in there maybe for the wrong reason," he said.
"They may call it a smoking group."
During the pipe ceremony, Tibbetts loads the pipe and it is passed
around a circle in a special ceremonial way.
After Tibbetts speaks to the group, an eagle feather is passed around
for a talking circle, where the inmates can share thoughts.
"Some native people don't get in touch with spirituality until
they are incarcerated," he said. "I really came to respect what
I was doing by seeing how serious some of the guys take it. I've
seen pretty hardened people break down."
The name of the group is gwekaanimad, the Ojibwe word for "the wind
changes direction."
It's important that jail administrators understand how valued the
services are, said Tibbetts, who hopes to expand what is offered and
said St. Louis County has worked well with him.
"Otherwise it doesn't happen or falls by the wayside," he
said. "There's still a mindset that it's a program. It's
more than that."
St. Louis County Jail administrator Robyn Wojciechowski said if an
inmate is being disciplined on the day the group meets, he or she
can't attend but still can receive one-on-one religious services.
Inmate Clifford Skinaway said he's grateful for the time with the
group each week, and for the camaraderie and spirituality it provides.
"It's an emotional release," said Skinaway, 37, of the Mille
Lacs reservation. "It helps me reflect."
Jails vary greatly in what is offered for the American Indian religion
in Minnesota, ranging from the use of sweat lodges at the Hennepin
County Jail and Northeast Regional Correction Center to the limited
offerings in Itasca County. Security issues come into play at some
facilities, but that's not an excuse, Tibbetts said.
Nelson hopes to resolve the issues without litigation, but she thinks
the jails aren't meeting the standard that federal and state laws
impose on them.
"There are ample opportunities for Christian inmates to practice
religion," she said. "Jails really need to make sure religious
programming is balanced."
JANA HOLLINGSWORTH covers
American Indian issues. She can be reached at (218) 279-5501 or by
e-mail at jhollingsworth@duluth news.com.
traditions
The sweet smells of red willow and sage filled the
gym of the St. Louis County Jail. A long, regal pipe filled with red
willow bark was passed among 10 men in blue, each inhaling deeply,
escaping for a moment behind a veil of smoke.
Jeffrey Tibbetts was conducting American Indian religious ceremonies for
inmates who practice the tradition, in a program that takes place each
Thursday at the jail. But the American Civil Liberties Union of
Minnesota is concerned that not all jails offer inmates the right to
practice this religion. Complaints received regarding the lack of
programs at four Minnesota county jails, including Itasca County,
prompted the ACLU to send each a letter.
"Native Americans have had a hard time getting their religions into
prison," said Charles Samuelson, executive director of the Minnesota
ACLU. "Particularly since prisons outlawed the use of tobacco.
It's a minority religion and, frankly, minorities get discriminated
against." [St. Louis County jail inmate Clifford
Skinaway recieves an eagle feather and shell containing burning sage for
a practice called smudging during American Indian religous ceremonies at
the jail Thursday afternoon. (Clint Austin / News Tribune)]
<http://www.duluthnewstribune.com/articles/includes/full_photo.cfm?id=16\
436> St. Louis County jail inmate Clifford Skinaway recieves an eagle
feather and shell containing burning sage for a practice called smudging
during American Indian religous ceremonies at the jail Thursday
afternoon. (Clint Austin / News Tribune)
<http://www.duluthnewstribune.com/reporters/index.cfm?page=articles&repo\
rter_id=197> A federal law called the Religious Land Use and
Institutionalized Persons Act — which any state or local government
receiving federal money must follow — says that any government
action that imposes a large burden on an institutionalized person's
religious beliefs must serve a compelling interest by the least
restrictive means. "That means in a jail setting, a court is likely
to say that an interest in security is going to be compelling," said
Teresa Nelson, legal counsel to the Minnesota ACLU. "For them to
say: `We are not going to allow you to possess a medicine bag
because it could have smuggled contraband' is probably a compelling
interest. But in order to serve that interest … they could have the
medicine bag come from an approved source … or most departments have
drug-
sniffing dogs they could use."
Medicine bags are considered sacred, Nelson said, and having them opened
or handled by someone else can be troubling to the owner.
Ceremonial setbacks
The Itasca County Jail, which received a letter along with Cass, Becker
and Beltrami counties, has no American Indian religious programming. The
jail has had it in the past, said Itasca County Sheriff Pat Medure, and
it is working with the nearby Leech Lake Reservation to find a
replacement.
"We recently had someone preparing for trial, and he asked to do
some prayer and have some smudging … and we were able to accommodate
that," Medure said.
A smudging ceremony is a spiritual purification process that allows
herbs such as sage, cedar and sweetgrass to be burned. Because the jail
facility doesn't have a ventilation system to accommodate ceremonies
that use smoke, Medure said, the inmate was brought to the sheriff's
office.
"We will accommodate on a one-on-one basis," he said, but
inmates need to ask for services. He also said the jail isn't built
to hold larger groups that perform smudging ceremonies.
The jail and a jail annex have a total of 107 beds and hold about 20
American Indians at any given time, Medure said. He is unsure where the
complaint originated, but said nothing about denial of religious
services had been brought to his attention. In reply to the Minnesota
ACLU, the Itasca County Jail said it will allow inmates medicine bags,
but it will require that they be checked by jail personnel or sealed or
sewn shut, which is a typical practice, Nelson said.
Medure's argument that the Minnesota Clean Indoor Air Act is
violated by pipe ceremonies doesn't work for Nelson. She said
exemptions exist for American Indian religious ceremonies, and jails
should look to the Minnesota Department of Corrections for guidelines.
"One objection is that rooms have smoke or sprinkler systems and
can't deactivate them without affecting all of the jail," Nelson
said. "That is something they would need to address … but it
doesn't trump the inmates' rights under the federal law."
`The wind changes
direction'
Jeff Tibbetts is a community advocate for the Fond du Lac Band of Lake
Superior Chippewa. He works with the St. Louis County Jail to hold
American Indian religious ceremonies about two hours once a week that
include smudging, a pipe ceremony, prayer, a talking circle and a
cultural movie. Tibbetts also works with Douglas and Carlton county
jails. Women's groups also convene.
Sage is burned on a shell and passed around a circle, with each person
wafting — with an eagle feather — the smoke around his face and
body, setting the stage for the pipe ceremony.
"It allows for a transfer of thoughts or fears," Tibbetts said.
The smell can create problems in jails because those unfamiliar with it
may mistake it for marijuana, he said, "so sometimes finding a place
to do it can be a problem. But there are ways around it; it just takes
work."
The contents of the ceremonial pipe — kinnikinick — that
Tibbetts uses is made from red willow bark rather than tobacco,
circumventing any issues that might arise about tobacco as contraband.
He gathers and scrapes the kinnikinick himself.
"I think this is more powerful today than breaking open a
cigarette," he said. "I pray before I gather it, asking the
Creator to help those who use it."
If jails do allow tobacco in religious ceremonies, it sometimes creates
other problems, Tibbetts said.
"You get guys in there maybe for the wrong reason," he said.
"They may call it a smoking group."
During the pipe ceremony, Tibbetts loads the pipe and it is passed
around a circle in a special ceremonial way.
After Tibbetts speaks to the group, an eagle feather is passed around
for a talking circle, where the inmates can share thoughts.
"Some native people don't get in touch with spirituality until
they are incarcerated," he said. "I really came to respect what
I was doing by seeing how serious some of the guys take it. I've
seen pretty hardened people break down."
The name of the group is gwekaanimad, the Ojibwe word for "the wind
changes direction."
It's important that jail administrators understand how valued the
services are, said Tibbetts, who hopes to expand what is offered and
said St. Louis County has worked well with him.
"Otherwise it doesn't happen or falls by the wayside," he
said. "There's still a mindset that it's a program. It's
more than that."
St. Louis County Jail administrator Robyn Wojciechowski said if an
inmate is being disciplined on the day the group meets, he or she
can't attend but still can receive one-on-one religious services.
Inmate Clifford Skinaway said he's grateful for the time with the
group each week, and for the camaraderie and spirituality it provides.
"It's an emotional release," said Skinaway, 37, of the Mille
Lacs reservation. "It helps me reflect."
Jails vary greatly in what is offered for the American Indian religion
in Minnesota, ranging from the use of sweat lodges at the Hennepin
County Jail and Northeast Regional Correction Center to the limited
offerings in Itasca County. Security issues come into play at some
facilities, but that's not an excuse, Tibbetts said.
Nelson hopes to resolve the issues without litigation, but she thinks
the jails aren't meeting the standard that federal and state laws
impose on them.
"There are ample opportunities for Christian inmates to practice
religion," she said. "Jails really need to make sure religious
programming is balanced."
JANA HOLLINGSWORTH covers
American Indian issues. She can be reached at (218) 279-5501 or by
e-mail at jhollingsworth@duluth news.com.