Mystic Fool ([info]carocrow) wrote in [info]nativeamerican,
2005-07-30 18:49:00
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  • Music: Crosby, Stills, Nash & Young -- Almost Cut My Hair

Let Your Freak Flag Fly

Court throws out Calif. prison grooming policy
Fri Jul 29, 2005 8:40 PM ET

SAN FRANCISCO (Reuters) - The California prison system acted improperly when it tried to trim the hair of an American Indian inmate who said a haircut violated his religious beliefs, a U.S. appeals court ruled on Friday.

Billy Soza Warsoldier, who had not cut his hair in 25 years, filed a lawsuit after a minimum-security prison punished him for refusing to comply with a rule that men's hair be no longer than 3 inches (8 cm) long.

The U.S. 9th Circuit Court of Appeals, reversing a lower court decision, said the state had failed to show the grooming policy was the least restrictive way to ensure prison safety and security.

"It applies to all male inmates, but to no female inmates regardless of a female inmate's security threat; it does nothing to distinguish between inmates housed at maximum security facilities and those low level offenders in minimum security institutions; and it provides absolutely no accommodation for religious belief," Judge Harry Pregerson wrote for a three-judge panel.

Warsoldier, who was released from prison last year, called the decision an important precedent for American Indians.

"This is a really good win for us because now all Indian men behind me and the ones still here, now have the right to keep our traditions and let hair grow long," the Cahuilla Native American said in an interview. "They don't like the fact that we're going to stand up against them."

Last year, a separate three-judge panel came down on the opposite side of a similar issue, saying the California Department of Corrections' reasons for requiring short hair -- such as making inmates easier to detect if they try to escape -- were justified.

((Header is a line from the CSN&Y song, written by David Crosby, who "almost cut his hair because he was tired of being hounded by authority figures. The reason he kept his hair long, was as an open expression of his freedom as an individual in a country that was supposed to honor the uniqueness of each person that lived here in the United States."))

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  • 33 comments

[info]haolegirl

July 31 2005, 00:25:04 UTC 6 years ago

That doesn't make much sense to me because if he's in jail that tells me that he's a convicted felon. His voting rights were stripped. So were a few other civil rights. Native or not. It just seems odd to me.

[info]lilithcoyote

July 31 2005, 00:34:08 UTC 6 years ago

This is more like a Hindu being forced to eat beef or a Jew being forced to eat pork than being able to vote or not, IMHO. And, I don't think that the removal of voting rights is just.

[info]haolegirl

July 31 2005, 00:37:58 UTC 6 years ago

Like a religious thing? I can understand that though I am still reading more about other native Americans. It just seems odd because the person is in jail which implies that he didnt respect the law... or perhaps didnt respect someone else. I havent had the time to look up the reason(s) why hes in jail of course so I dont know if it was a civil or criminal offense which would matter to me because if its against another person... like murder it would seem strange to me even if he is native. For example if he murdered someone against their will with no regard to their life or to their religion yet he expects others to respect his religion.

[info]lilithcoyote

July 31 2005, 01:14:16 UTC 6 years ago

Yeah it's a religious thing. Though, more like cultural and religious combined. It symbolizes slightly different things in different tribes but for the most part, you only cut your hair if you're in mourning for a close relative. The last time my uncle cut his is when my other uncle, his brother, died. *really* big deal. I found a story online about this case that gives more details about this man's specific beliefs:

read it here

It also says he was in jail for drunk driving and possessing brass knuckles. While, as someone who lives in a city and mostly gets around on foot, I'm as adamant as anyone that drunk driving shouldn't be tolerated, I can't imagine a white frat boy (like the ones who speed around Saturday nights here, one actually threw a beer can out his window at me) would get 14 months in prison for it, so in addition to the fact that forcing the guy to betray his religious beliefs is disturbing in itself, this looks like quite possibly another case of a man of color getting a harsher sentence under the law just because he's not white.

[info]abstrak_tokatl

July 31 2005, 03:04:34 UTC 6 years ago

Note, i'm going from memory here at the moment. i'm in a rush right this moment.

ya, this guy did something minor, and i have been slightly following the case as there is very little visual news (aka TV) on the issue. But he should not have to cut his hair. The issue regarding hair stems back to the Anglo prison conditions in Europe. Where Lice was a big deal. And i don't think that's been a problem since the late 1800s.

Now the other guy. Who "caused" the train derailment(i'll post a link if you want). ((there is still little info that i have seen that convicts him)), if convicted guilty, should have his hair cut as punishment (but that's the tribe in me).

[info]lilithcoyote

July 31 2005, 03:30:42 UTC 6 years ago

Yeah I agree since there is no clear health or safety issue with his hair it should be left alone. I haven't heard a lot about the train derailment guy though, what's that about?

[info]haolegirl

July 31 2005, 03:44:30 UTC 6 years ago

unfortunately i wasnt able to view the article unless i was a registered user but if he was in jail for drunk driving then it shows to me that he had little respect for other peoples lives. indigenous or not... driving drunk is a risk to other people. if he was in jail as i read more material about him online and has since been released... a jury of his peers probably rendered him guilty. his race and national origin is indigenous but to me that doesnt preclude him from respecting other peoples lives... thats why i thought that if he had committed murder or even driving drunk then it shows that he disrespects other peoples live. so i wondered... why did he expect other people to respect his... or even his religion. i dont like the double standard.

also just because hes indigenous does not mean that i will support him or any indigenous person esp if they violate laws within reason of course. its obvious to me that he was found guilty of something and while there is injustice for indigenous people i still wonder about indigenous people like him. if he committed a crime then he has to do time. that includes having some of his civil rights stripped from him like the right to vote.

[info]vivianstcloud

August 1 2005, 04:49:06 UTC 6 years ago

but if you've gone to law school as you say, then you know that prisoners are protected under the 14th amendment and that includes discrimination based on religion. that, in fact, is NOT part of doing one's time.

[info]haolegirl

August 1 2005, 04:52:30 UTC 6 years ago

Well it depends. In some states they are barred from voting because they have felony records. A good article is in the Washington Post http://www.washingtonpost.com/wp-dyn/articles/A9785-2004Aug17.html I'm not in California like he is though and dont know the laws in California as Im not in CA but for some states they do strip some rights from convicted felons.

[info]vivianstcloud

6 years ago

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[info]haolegirl

6 years ago

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[info]vivianstcloud

6 years ago

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[info]noyeh

6 years ago

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[info]haolegirl

6 years ago

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[info]cassiggity

July 31 2005, 17:55:57 UTC 6 years ago

I agree with you, I think once you commit a crime you kind of forfeit consideration for your beliefs.

If a Jew committed a crime, and the jail served pork and he had to eat it, it would still be his fault for committing the crime in the first place! Jail is supposed to be uncomfortable. Don't like it? Don't come back!

[info]lilithcoyote

July 31 2005, 21:36:05 UTC 6 years ago

So I suppose if a guy gets raped in prison that's just his problem too? How about a woman? What if someone gets brutally beaten? And, isn't it pretty clear then that a Jew is getting punished more just because he's Jewish and a Native American just because he's Native American, as eating pork and having one's hair cut wouldn't be nearly the same kind of hardship for other inmates.

We do not allow cruel and unusual punishment in this country, at least we're not supposed to. We also don't allow punishment beyond what is written out in the statutes as appropriate for each specific offense. Being raped by other inmates isn't part of a prison sentence, neither is being publically humilated for your race or being forced to eat food that is considered unfit by your deeply held religious beliefs.

[info]vivianstcloud

August 1 2005, 04:45:27 UTC 6 years ago

I think once you commit a crime you kind of forfeit consideration for your beliefs.

Well, I am thankful that the United States Constitution doesnt agree with you. The Equal Protection clause of the 14th Amendment applies to those in prison too, which protects them from unequal treatment on the basis of race, sex, or creed. Additionally, the Model Sentencing and Corrections Act provides that a confined person has a protected interest in freedom from discrimination on the basis of race, religion, national origin, or sex. Prisoners also have limited rights to speech and religion.

[info]haolegirl

August 1 2005, 04:58:49 UTC 6 years ago

I'm curious if you are more concerned with the person being indigenous than the law because the 14th Amendment permits states to deny the right to vote. In the state where I'm located they (convicted felons) are denied that right. As for his religion... Im curious where his religion was when he was allegedly driving drunk? No offense to him and his history and traditions but doesnt it seem odd to you that he was quoted as saying that he will be disgraced for having short hair yet isnt it also a disgrace to drive drunk and risk killing people on the road? Just curious what your thoughts are.

[info]vivianstcloud

6 years ago

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[info]cassiggity

August 1 2005, 13:15:28 UTC 6 years ago

Isn't making a special exception giving them unequal treatment?

I hate to be overly logical, but if everyone else has to get a haircut, isn't it "unequal" treatment to make an exception based on religious beliefs? Logically, I mean.

[info]vivianstcloud

6 years ago

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[info]phoenix_falls

July 31 2005, 01:43:11 UTC 6 years ago

just as a point of interest; jail is different than prison. Prison is for felons, jail is for petty crimes. Unfortunately, I've had a lot of my friends in and out of the justice system. Constitutional rights can be taken away, but not civil rights.

[info]haolegirl

July 31 2005, 03:24:43 UTC 6 years ago

Symantics aside as I am about to graduate from law school... his right to vote is a civil right which may have been stripped from him but like I stated above... it's something that I was wondering because legally it can be very complicated.

[info]vivianstcloud

July 31 2005, 21:24:03 UTC 6 years ago

you're in law school? I never knew that. Are you a 3L this year? Where are you going? What kind of law do you plan to practice?

[info]haolegirl

July 31 2005, 21:27:06 UTC 6 years ago

yeah I am extremely careful with my identity online. very few people know my real name for personal safety reasons. Ive been attending a small private (predominantly white) school somewhere on the East Coast. I plan to work for indigenous people (only.)

[info]vivianstcloud

July 31 2005, 21:43:47 UTC 6 years ago

But it's a law school, right? And you're a 3L? Where will you take the bar?

[info]haolegirl

6 years ago

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[info]haolegirl

July 31 2005, 03:25:02 UTC 6 years ago

Symantics semantics

[info]haolegirl

July 31 2005, 00:26:06 UTC 6 years ago

Also... dont mind me. I just woke up from a nap lol

[info]abstrak_tokatl

July 31 2005, 03:11:01 UTC 6 years ago

i never understood that expresion.... it seems introverted.

"don't mind me"

i know it generally means "don't pay attention to me" or "don't be annoyed/offended with me."

But it just doesn't make sense.

[info]haolegirl

July 31 2005, 03:22:33 UTC 6 years ago

Yeah... I'm not here to debate or to spread the hate. I really did just wake up when I wrote that plus I do have a sense of humor which some people seem to lack.

[info]abstrak_tokatl

July 31 2005, 02:49:41 UTC 6 years ago

can i get a 'hell ya!'

[info]noyeh

July 31 2005, 15:44:32 UTC 6 years ago

I'm also "going from memory" here (haven't read the links or looked anything up), but in my Indian Law & Legislation courses I remember that this hair/Native inmates issue came before the Courts years ago, ruling in the inmates' favor (Freedom Of Religion). Warsoldier actually didn't set a precedent; his victory upheld an old court ruling.

I'd really hate to reside in California right now. The current Legal and Justice system there are challenging some long-standing Native Rights and winning, in some cases -- that's what is disturbing to me. If Warsoldier had not won, California would have overturned yet another ruling that was fought long and hard for years ago.

And you know, The Terminator has always been one of my favorite movies ...

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