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 PLEASE HELP OUR BROTHERS! April 13, 2009 11:06 AM

Brothers in Salinas Valley State Prison CA, are being denied, and/or are being subjected to extensive harrassment over the use of tobacco in their religious practices. The California Department of Correction and Rehabilitation (From now on identified as (CDCR), established a no tobacco policy. However, it did make exception for Native Americans in compliance with RLUIPA.


However, the individual institutions and in particular, SVSP, are forbidding Native Americans the use of tobacco.


On numerous occassions the brothers there have had the displeasure of:

1) After ceremony, being stripped down naked in front of the entire inmate population and in front of female guards.


2) Again, being stripped down to their underwear and having their sacred sweatlodge grounds violated by these same guards (known as Investigate Security Unit).


3) Again, after ceremony having to strip down naked (This time out of sight of any female guards or other inmates) and subjected to urinalysis testing, when this testing is only allowed randomly.


Never have they found quantities of tobacco on any Native Practitioner, or any other illegal substance. Not one of the urinalysis tests have come back positive. No other religious group has been singled out in this way. In fact, many of the Native American Spiritual Advisors are either reluctant to bring in tobacco, or are altogether resigning due to harrassment. It is as if they are under a cloud of suspicion, as though they were drug smugglers. While there would be some less scrupulous Native Practitioners who would abuse this right, most are very conscientious and fearful of doing so. We feel that those who abuse it, should be dealt with via the disciplinary system on an individual basis.


Tobacco is used by Native Americans, and can be traced back before the first European arrival, and is acknowledged even in U.S History books, where Native Chiefs smoked tobacco with the leaders of this country to consecrate peace, treaties and deals. Tobacco is a vital part of Native American religious practices. It is used in individual worship for prayer, and is used ceremoially. This can be compared with the Holy Rite of communion for Christians.


Other concerns in SVSP:

1) The Sweatlodge grounds were built off the facility, which limits and/or hinders the brothers ability to practice ceremony:

Native American practitioners have to have an approved Spiritual Advisor to supervise, when otherwise, had the Sweatlodge been built on or adjoined to the facility, Native practitioners could perform their ceremonies as frequently as needed. By previous stipulations, Native practitioners are entitled to at least two Sweatlodge ceremonies per week. However, frequently these ceremonies are cancelled due to lack of supervision when the Spiritual Advisor is unavailable.


Native American Spiritual Advisors are limited to only part time employment, thus are unable to be available to supervise as frequently as needed.


Native American practitioners are denied access to the Sweatlodge grounds when the Spiritual Advisor is out due to vacation time, illness, or any other emergency.


2) The Sweatlodge grounds were added on to an area off the facility, and does not have plumbing. Native practitioners must urinate out in the open, in the back corner of the Sweatlodge area. The Spiritual Advisor, who must remain throughout the ceremony, is unable to relieve him/herself at all for at least four - six hours. Native practitioners have even been threatened to face discipline or the ending of a ceremony when some ISU officers observed practitioners urinating. However, the Institution refuses to acknowledge the need for any facilities.

3) The Native American Sweatlodge grounds are not A.D.A accessible. There is a cement walkway to the grounds, but the area selected, is not level, and tilted at an angle. It is off the facility, so Native practitioners are unable to maintain the conditions of the grounds.


4) The Native American Spiritual Advisor has repeatedly requested the materials needed to perform the Sweatlodge ceremony. In particular, wood used for the fire, and stones used for the ceremony. This too has been previously settled in other court settlements between Native Practitioners and CDCR. The Spiritual Advisor has gone so far as to pay out of his own pocket to provide wood, stone, tobacco, other herbs, and as of recently, was instructed by his direct supervisor, not to do so any longer. Even the warden is aware of our needs. He went onto a radio broadcast to ask for any donations of wood by the local community. However, he has not established a contract to purchase wood.


The Spiritual Advisor is a part time employee who works only four days a week, but has five facilities to supervise. He can not mix or conjoin these practitioners due to security concerns. By building the Sweatlodge grounds on or adjacent to the facilities, as is the case in almost ever other prison under CDCR, this would free up the time of the Spiritual Advisor, who no longer would be required to supervise the ceremonies. He/she could then use this time to better facilitate the needs of the Native American practitioners.  [ send green star]
 
 April 13, 2009 11:06 AM

Brothers did have an inmate file an appeal (Class action) that was written by one of their practitioners, but he has since been transfered. We do know however, that the appeal was granted, but CDCR has failed to thus far comply, and that this has been over a year since it was first granted (first formal level was granted by Spiritual Advisor on 6-14-06, Second level was partially granted by A Hedpeth, Chief Deputy Warden, Thrid level or Director's level was denied on 1-11-07.
Was filed under I/M Steven Adamietz, H-66633)

To support the brothers in Salinas Valley State Prison, please state your concerns to the following:

Anthony Hedgpeth, Warden
Mailing Address:
P. O.
Box 1020
Soledad, CA 93960-1020
(831) 678-5500

Governor Arnold Schwarzenegger
State Capitol Building
Sacramento, CA 95814
Phone: 916-445-2841
Fax: 916-445-4633

To send an Electronic Mail please visit:

http: / / www. govmail.ca.gov

Also please contact AIM to request support.


A.I.
M Riverside Chapter
P.O.
Box 135
Mountain Center, CA 92561
aim@ aimriverside. org

Also contact the U.S.

House of Representative

http: / / www. house. gov/ house/ MemberWWW_ by_ State.shtml# ca

Government Accountability Office

http: //www.gao.gov/

Contact Barack Obama
The White House
1600 Pennsylvania Ave NW
Washington, DC 20500

U.S.
Department of Justice, Civil Rights Division

http: / / www. usdoj. gov/crt/split/

Also, please contact in support, the Native American Clerk, who is also the Secretary for the Sacred Hoop Resource Group in Salinas Valley State Prison who is petitioning on behalf of all brothers in Salinas Valley

Mark Mancebo K 12604
Salinas Valley State Prison
PO Box 1050 B4-236
Soledad, CA 93960

 

"It is the heart that makes a person rich. One is rich according to what one is, not according to what one has."

"Do what you can,
where you are,
with what you have."

 [ send green star]
 
Religious Freedom In Prison April 14, 2009 8:40 AM

http://www.nativeweb.org/pages/legal/trapp/index.html  [ send green star]
 
Traveling The Spiritual Path... April 14, 2009 8:40 AM

http://www.dickshovel.com/nar.html    [ send green star]
 
American Indian Religious Freedom Act April 14, 2009 8:41 AM

http://en.wikipedia.org/wiki/American_Indian_Religious_Freedom_Act  [ send green star]
 
 April 17, 2009 6:12 AM

Letters will be sent Kat thanks.

 [ send green star]  [ accepted]
 
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