Atheist sues California prison officials over drug treatment program

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phr

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Atheist sues California prison officials over drug treatment program
Denny Walsh
Sacbee.com
9.30.08


A Shasta County atheist sued top state corrections officials Monday, claiming that his constitutional rights were violated when he was returned to prison after objecting to participation in a program with religious overtones as a condition of parole.

Barry A. Hazle Jr., 40, was released from prison in February 2007 after doing a year for drug possession. He was required to complete a 90-day drug treatment program and was assigned to one in Shasta County.

The Redding computer technician says he objected several times to "coerced participation" in a program based on the 12-step recovery method originally developed by Alcoholics Anonymous and Narcotics Anonymous, according to the lawsuit filed in Sacramento federal court.

The 12-step program required "acknowledgment of the existence of a supernatural God, … deference to a monotheistic 'higher power,' and participation in prayer," the suit alleges.

Hazle says he asked to be reassigned to a secular recovery program and finally delivered a written appeal to his parole officer, Mitch Crofoot. But, he says, Crofoot told him "all of the programs in Northern California are 12-step programs."

Three days after Crofoot received the appeal, Hazle was called out of one of the program classes and arrested for violating parole, the suit alleges. He was sent back to prison for four months.

He "was jailed for standing up for his constitutional rights, plain and simple," said Hazle's lawyer, John Heller of Chapman, Popik & White in San Francisco.

"The First Amendment … guarantees that the state cannot require anyone to participate in these types of religious activities, nor penalize those that resist.

"Courts across the nation have recognized that the 12-step method is religious in nature," Heller added.

The suit claims the policy requiring parolees to take part in religious-based rehabilitation is an unlawful use of state money. It seeks an unspecified amount of monetary damages for Hazle and an injunction prohibiting such use of state funds in the future.

The defendants include Matthew Cate, secretary of the California Department of Corrections and Rehabilitation; Scott Kernan, the department's chief deputy secretary of adult operations; Tim Hoffman, director of the department's Division of Adult Parole Operations; Crofoot; and Crofoot's supervisor, Brenda Wilding.

"This should never have happened, and we're hoping to make sure it never happens again," said attorney Michael Scheibli of Redding, who also represents Hazle.

The California Department of Corrections and Rehabilitation did not respond to requests for comment.

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There's a difference between spirituality and religion.

That dude needs to quit being a little bitch.
 
It all depends on where you go for your 12 step program. If its in a church, its definitely going to be more religious. Ive had experience with that. I liked the programs I attended in rehab because it was held in the rehab and had nothing to do with religion. But when we went to meetings at churches, I felt pressured religiously. I know its not supposed to be interpreted in a completely religious manner but some places are different than others and do go that route.
 
wungchow - And what does the difference matter when spirituality is religiously pressed upon another? Besides, the charges reflect a religion being coerced… not spirituality.

I think he is perfectly within his rights and should win the case according to constitutional law in the United States. Not to mention the man even went back to jail in order to stand up for his rights.
 
I disagree wungchow, the kid is bravely standing up for himself. The 12-step program is bullshit, all the way from the 1st step - admitting you have no control over your addiction. For those with any sense and willpower, you would want to convince yourself that you DO have control over your addiction so that you can work yourself to beat it.

Anyway, I could go on and on about that, but the second step is to recognize there is a higher power that can restore your sanity. So with freedom of religion (or in this case, the freedom of NO religion) being one of our fundamental and constitutional rights, this is a violation. I know that going through even the basics of the program in rehab caused me extreme anxiety (and i was in there for benzo withdrawal) and wouldn't wish it upon anyone who a) doesn't believe in god and b) has a grasp on what they need to do to beat their addictions without the need to be brainwashed.

I know this is a miracle for a lot of people (pun intended) but it should not be forced upon anyone as a cure-all treatment for anyone of any faith, because it is not.
 
the correctional system in this country is overwhelmingly a christian organization. in jails in my state, they only recognize the abrahamic religions, and nothing else. any books regarding anything pagan or deemed non christian are banned from the facilities. it is sad. i personally know of females who have tried to organize religious groups that don't fit into that scheme and have seen them not only shot down, but then accused of lockdown offenses such as "unauthorized meetings or gatherings" and this was of course all led by the horribly racist and annoying christian chaplain of the facility. and encouraged by not all the officers, but the sgts and lts of the facility that are part of that little xtian clique

something needs to be done to make this system more secular.
 
Nickatina said:
I disagree wungchow, the kid is bravely standing up for himself. The 12-step program is bullshit, all the way from the 1st step - admitting you have no control over your addiction. For those with any sense and willpower, you would want to convince yourself that you DO have control over your addiction so that you can work yourself to beat it.

Anyway, I could go on and on about that, but the second step is to recognize there is a higher power that can restore your sanity. So with freedom of religion (or in this case, the freedom of NO religion) being one of our fundamental and constitutional rights, this is a violation. I know that going through even the basics of the program in rehab caused me extreme anxiety (and i was in there for benzo withdrawal) and wouldn't wish it upon anyone who a) doesn't believe in god and b) has a grasp on what they need to do to beat their addictions without the need to be brainwashed.

I know this is a miracle for a lot of people (pun intended) but it should not be forced upon anyone as a cure-all treatment for anyone of any faith, because it is not.
Click to expand...

Quoted for truth.
 
I'm an atheist and have completed all of the 12 steps of AA.

Like I said, it's a spiritual program. How you interpret the concept of a higher power is completely up to you.

Anyone who knocks the 12-step programs without giving it an HONEST try first is

A. Not serious about kicking their addiction
B. Being a little bitch
 
wungchow said:
There's a difference between spirituality and religion.

That dude needs to quit being a little bitch.
Click to expand...

Dude, AA MA NA or whatever acronym they use is a cult and has nothing to do with spirituality. Just like those fucktard scientologists.
 
Kaneh Bosm said:
Dude, AA MA NA or whatever acronym they use is a cult and has nothing to do with spirituality. Just like those fucktard scientologists.
Click to expand...


Narconon IS a front group for those fucktard scientologists.

"YAY! Let's cure that addiction with VITAMINS!"
 
Narconon is not the same as Narcotics Anonymous.

Two VERY DIFFERENT things.
 
wungchow said:
How you interpret the concept of a higher power is completely up to you.
Click to expand...

Atheists don't believe in the existence of any form of "higher power" at all. This person is standing up for his rights. The state cannot force you to believe in a higher power.
 
Wungchow – I think your reasoning is rather flimsy for an atheist. ANY spiritual “program” can be considered religious. Let me rephrase… Spiritualism/Spirituality under any doctrine or set of rules is by definition religious/a religion.
 
Man wang you don't know what tour talking about. It sounds like this guy was going to his meetings and just trying to work it his way without giving in and saying he beleived in something he didn't.

Its complete bullshit that religious people are trying to eexploit people coming off/getting off drugs when their quite likely vulernable and confused.. A higher power, or god as we understood him is a VERY thinly veiled attempt to make people beleive in god while making it sound like something else.

In my opinion they should have religious/spiritual meetings for NA/CA/AA and then alternative completly no religious meetings. People shouldn't have to side-step or alter the program to their own non-religious versions. Its like religion in school, esp when its court mandated. I don't even know how courts can cheek-up on whats going on in the meetings, maybe make sure their going the hours they say they are, have a sponser relationship but that should be the extent of keeping up with the people IMHO..
 
I support the guy. I would absolutely resent having to pretend in a higher power, and the right to freedom from that is granted to him by the Constitution.
 
GlassAss420 said:
Man wang you don't know what tour talking about. It sounds like this guy was going to his meetings and just trying to work it his way without giving in and saying he beleived in something he didn't.

Its complete bullshit that religious people are trying to eexploit people coming off/getting off drugs when their quite likely vulernable and confused.. A higher power, or god as we understood him is a VERY thinly veiled attempt to make people beleive in god while making it sound like something else.

In my opinion they should have religious/spiritual meetings for NA/CA/AA and then alternative completly no religious meetings. People shouldn't have to side-step or alter the program to their own non-religious versions. Its like religion in school, esp when its court mandated. I don't even know how courts can cheek-up on whats going on in the meetings, maybe make sure their going the hours they say they are, have a sponser relationship but that should be the extent of keeping up with the people IMHO..
Click to expand...

No, YOU have no idea what you're talking about. I've completed all of the 12 steps of AA, AND THERE IS NO RELIGIOUS COERCION WHATSOEVER. You can believe what ever the fuck you want to believe about the universe...the only requirement is that you PICK YOUR OWN CONCEPT OF A HIGHER POWER. It can be God, nature, humanity, the members of your AA group, or even a freakin' doorknob. NOWHERE in the AA program does someone force their own beliefs on you.
 
It all comes down to the fact that in order to recover from addiction, one must become teachable and OPEN to suggestions from others.

But most of us (myself included) who were in active addiction, when we hear the word "higher power," immediately shut down and classify the AA/NA program as "bullshit" and think of whatever reasons we can as to why AA/NA is a "cult" that will "brainwash" us. It simply isn't the case.

Try going to an AA meeting sometime. There you will meet seriously happy people, living independent lives, who don't require the daily use of intoxicants to feel fulfilled.
 
i'd rather sit around for a few hours pretending to pray rather than go back to jail.

but yeah im all for the separation of church and state etc.
 
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