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Table of contents

58

Testimonies before Senate
Articles
Chapter 1. The Forgotton Americans

Native American Rights Survey

The Forgotton Americans

Sunlight

Chapter 2. The Boulder and the River
The Boulder

The River

wWriting « complaint

Religious policy

Chapter 3 Returnof the Pipe andDrum
We are human, despite theway they freat us
The Eagle Rises

Map for Spiritual Advocacy

Friends of the Red Nation

Zines and Resources

Schools/ Legal Information

Arizona Survey Results

Works Cited

The Contents o F Fhis paper may be copied
for educakional purposes

Gabriel Sharp #219957
AS.PC.-CACG

P. 0. Box 9600
Florence, Arizona 85132
Aknowledgement

This work was crafted with information
provided from many voricus sources and
experience. This work (s part of a forth -
coming book entitled Native American
Religious Rights (n Prison. I would (ke
to say thank you to Migs Clac,Barris
hidos, Lenny Foster, the Nat Ve American
Rights Fund,and the Native American
Rights Fund Library for their assistance
with gathering information. Special thanks
o Patricia Nevarez for puttingup with my
endless demands and bearing our
amazing son, Joshwad,

This Work (s dedicated to the spirit
of Walter Echo- Hawk.

Mitakuye Oyasin.
Gabriel Sharp, Grey Bear,

Mohave Indian
June 2010
-Available Now -
oNative American Prisoners Journa (e

we currently have an onqgoing prcjed’
with the N.W. Chicago Zine Distro/
Publisher, P.0.Box 15?‘I, Fox River Grove,
I'L, 60021 to putlish the Notive
American Prisoners Journal. Our goa(
is 1o Some doy be able to obtain true
Freedom oFf Religion For Native American
prisoners. We could use stories and
Submissions from prisoners and
advocates.

All these sources of information are
free to priscners from Zine distributors
who nheed yeur help +o make this possible.
Their information i5S at the back of +his
manua |

If you would like o submitan article
or donation for the Native American
Prisoners Journa| write to!

Send donations or For issues of Native
articles to: American Prisoners Journa
Notive American
Priscners Journal
C/0 Patricia Nevorez
PO Box 67147
Proenix AZ 85082

Testimonies before Senate.

“There is a need for our legal
system to protect Natjve American relisious
freedom. We can 0nly regref the enormous
loss +0 our nationsheritage caused by a
Long history of government suppression
of tribal religions. The chall enge before
Congress is to safequard what little
remains. Affer 500 yearsSince +he arrival
of Columbus, the time is long overdue
for society to grant respect and equal
profection to the religious freedom
of those who were here first.”
Walter Echo-Hawk, 1992
“American Indian Religious Freedom Act of 1979
has not assured religious freedom.”
Lenny Foster, 1492

“Rules seem to change from institution
to nstitution atthe whim of fhose in control”
Ted Means, 1993 —

Tnmates who request services ortryto
correct [nconsistencies often become
targets of the administration and

are frans ferred.”
Vernon Bellecourt, 1993
3
Articles
“Interior, Justice fo meet with Indians,”
The Washington Times Mar.22 1494,
* (Navajo Nation Peesident Peterson) Zah wants
unity forreligious freedom.”
The Navajo-Hopi Dbserver Mar. 23,4y,
“Inmate rights violated. "
Navajo Times Mar. 31,1994.
“Rights denied to Netive Americans.
pane( says.”
Unwersity Daily Kansan Mor. 31, /994,

“Pronounced need exists for an Attorney General
pitective and a national lifigation strateqy
to profect free exercise rights of Native American
prisoners, with strong support from Indian
Tribes and practitioners of Federal Indian
Law. As no other seqment in American society,
Indiun prisoners are acufely subject {0
government restrictions onthe freedomofworship.
Their right to worship in fotalarian prison environments
i's the most heavily vequlated civil Iiberty in the
Unifed States.  Further, a hostof criminal justice
studies should be performed 10 better understand
these forgotton Americans and 1o develop appropriate
criminal justice programs.” Walter Echo-Hawk,
Study of Nefive American Prisoner Issues,
Natichal Indian Policy Center, The George
Washington Universify, Washingfon D.C- (196,

I

1. The Forgotton Americans

“Regard [ess of What you were born or brought
uptoe be, regardless of what you have done

or failed todo, regardless of anything—=-
You can be the person you chooseto be.

The past is history. Tt explains how things
9ot fobe the way they are, butf it doesnt
determine the future.” - Tom Big Warrior

Native American
Rights Survey

I Does system have a written policy specific
to traditional Indian religion or a general
policy that is faith neutral ?

Specitic/

eral

~Circle one-

eThe following questions circle  Yes/No/Unclear

2. Does system have written policy easily
accessible by jamates +o View?
Comment !

3.Does policy Guaranfee Indians access +o
{raditiona] religious leaders on o basis
similar to that afforded fo inmates
of other religions?

4. Does policy allow wccess to Sacred
objects ?

S. Does policy allow Indian access to
traditional Notive reluious sweat lodge?
Specify!

Frequency:
Comment

6. boes Policy allow Hraditional hair lengih
for religious purposes?

FAU

AU

Y-N-U

Y-M-u

YN
7. Does Policyallow wearing of head bands
for religious purposes?:

« specific provisions
+ sweat lodge

8. Does Policy state proper fools necessary

+o Conduct ceremony (Sweat lodge) ?

9. Does Polity provide for enough wood fo

Y-N-U

YN-U

conduct ceremonies on o WeeKly basis? Y-N-U

10. Does policy provide for other materials
Such as lava rocks necessary for
the Sweat ceremony?

Il. Are proper procedures set fo protect
+4he Sweat lodge and religicus area

from desecration?

12 Does Policy state that Sweat lodge
location be privafe and secure?

13 Additional comments on sweat lodge:

Y-N-u

Y-N-U

¥-N-U
* Religious tems/sacred ifems

- Does Policy provide proper safequards
to protect religious items?

15. Does Policy explain specitically what a
sacred object is according to Native
American spiritual beliefs ?

16 0es Policy provide for visual inspections
only Por nafural objects and blessed items?
17.Does policy protect Eagle Feather?
18.Does policy protect medicine bag?
19 Does pelicy specifically previde for
access to the following:
A. Drums Hand Drum

Water Drum
Pow Wow Drum

BMusical Flute
Instruments Gourd
Other instruments
c. Spiritual Head band s
THems Bead work

ChoKer/Medalipn
Feather (Eagle)
Ceremonial pipe
Medicine Bag

8

T S R R
ZzZZzZz2Zz=ZZZZZT=z2Zz2=
19A-D

“Does policy specifically provide
for access to the following:

c.spiritual Bones, animal
items (continued) Fur
Sea shell
Candle

Tobacco Ties
Medicine Bundle
Other ifems
D. Herts
Sage
Sage, various
Cedar
Cedar, various
Tobacco
Tobacco, mixed
Sweefgrass
Kinni Kinnick
Mint /spearmint
Corn Husks
Cern Pollen
Cern Meal

Any other herbs
for varied beliefs

<< <t <<
zzzzzzz

YN
YN
YN
YN
YN
YN
YN
Yo
\zl
YN
YN
[a,

20.

2.

22,

23.

24,

Comments:!

«Other Ceremonies
Does policy state provisions for a
pipe Ceremony? Y-N-(

Does policy state provisions for a
falking circle? Y-N-u

Does policy state provisions for classes
or extracurricularactivities for Natve

Americans equal {o ofher religlons?  Y-N-U

Does policy stale provisions for a
Pow Wow ceremony?

- N-

Does policy state provisions for special
Ceremonies !

Y-N-U
o
15

26.

27.

28.

29.

30.

Does pelicy provide for crisis
Counseling for Notive Americans? Y-N-u

Overview of ceremonies/comments’

‘Other considerations

Does policy provide equal opportunity

for sweat lodge membership af the
discretion of the members? Y-N-u

Does policy provide equal access to
Spiritual Advisors and religious leaders? Y-N-U

Does policy provide for equal observance
of American [ndian days Sept. 24-25 or
other tribal holidays? Y-N-uL

Does policy allow access o Native
American religious area equal to fhat
of other religions? Y-N-U

1
31

32

33

Does policy provide any resource or
traihing for staff to understand Native
Americanbeliefs such as+he Sun

Dance way, Ceremonial conduct; and
moontime traditions? Y-N-L

Does policy provide provisicns for

Christian Indians o practice both

Native American and Christian ceremonies?
Y-N-U

Other considerations +o be listed:

The above and preceding Knowledge /s
correct fo the best of my knowledge on
this date:

Persenal informaticnwill be Kept Confiden bial
—keep cepies for your recerds.

Please send this completed survey to;
I Your local spivilual advisor

2. Native American Survey Project
C/0 Patricio Nevarez
POBOX 67147
Phoenix AZ, 85082

2
The Forgotton Americans,

In order fo understand or Know there
is a problem with anything, you must
start with factual data. The data is
best ifanalyzed from more than one
perspective and viewed with a critical
eye. In 1992 the Native American
Rights Fund conducted a survey of
different state and federal prisons.

From the survey, NARF wos able to
accurately draw conclusions that
assisted in advecacy for Native American
Freedom to practice religion.

In any society there are often two
groups that distinguish themselves
as adversaries. There are those who
value freedom at any price, and
then there are these who take
away freedom for a profit.

You will find yourself on the side
of the caged bird. You will often
find yourself alene, be prepared to be
misundjrs+aud, ostracized, and seldom
rewarded for your efforts. Sometimes it
will seem as if there will be no end
in sight. You must tearn patience and
endess fortitude.
On the other side of the equation
is the very system society has
created to “correct” (tself. This
system has created a creature that
profits From qreed and human
suffering.  This system Keeps itself
fed by promoting recidivism and enacting
inhumane, disparate, and excessive

sentences. . The tax payer is [(eftto
poy the bill for the prisoncrats feast.

. Lost in the precess are the people who
were the first Americans.

The only solution that presents ifself

is for individual Native Americans to
take an inrtiative and be come independant
activists fov the {ree exerdise of religion.
N0 organizaticn is necessary. The

only requirement is the will tobecome
o record Keeper of valuable documents
and become o freelance wriler.

The Creator has endowed all creatures
with the ability to communicate and
have avoice. Although this person or

that person may disagreewith the actions
that are dene and said +he most important
thingto consideris the geal ot the end

of the Red Read -
The survey is a vital tool to see
exactly where your system stands.

The survey provided here is a Key +to
Knowledge. After you fill it out i+ has no

worth until you share it. W hen people

become aware of the state of things

£ will be upto youto become the educator.
You are the foremost expert of where

you stand. Only you and you alone have
the ability fo walK in your shoes.
Where will you go?

Try {0 send the survey out fo family
for safe keeping. Send your family
preaddressed envelepes of all the places

ou want copies sent to. If familyis not
available to dothis, then manually hand
copy the survey and maKe carbon copies
using a piece of nofebock paper colored on
one side with pencil. Tt (s goodto maKe
at least 5 cepies and send them out o

various advocacy greups.
1t isalso impertant 4o ask for resources

and [istings of other agencies in or around
the state where you ore [ocated. Centact
tribal newspapers to find journalists to
write t0 for your cause. Tryto stay ouf
of {frouble bynot saying toe much,

Find pecple on the cufside who will help you.

15
This is a struggle not just for the
emancipation of spiritual rights, but the
siruggle for the soul of humanity. You
may Find yourself +aking one step forward
to find yourself sliding two steps back.
You will Find yourself feeling fear,
desperation, and disappointment time
after time. Any action you fake is always
positive ho matter the oufcome. Your enemies
are time, procrastination, and inertia.
You will find 1haf doing nothing leads

to hothing. You oreyourown worst enemy-

1t is time fo act, brother, we will
meet up on the Red Road. Bring
your jacket and your, sacred pipe. The
weather’s cold, and ts qoing 1o be a
(ong night...

g L
| e
\Veces manme Lioxlouse
2. The boulderand the River

Are we qoing 10 go on for another fwo
hundred years, oreven ancther five,
the way we are without doing something
for our Tndian people?”

Dennis BanKs

The Boulder.

on March 7,1492, in Pertland, Oregon the
Select Committee on Indian Affairs Un/fed
States Senate One Hundred Second Congress
held an Oversight hearing on the needs
for Amend ments fo the American Indian
Religious freedom Act. Walter Echo-Hawk,
Vine Deloria, Lenny Foster, Wanbli Circala,
Wallace Biack EIK, and other Native
American S piritual [eaders, advocates, and
inmates tesiified of the atrocious
treat ment and indignities Native American
inmates had fo suffer from +he oppressicn
of their religious spirftual and fradi{ional
practices. Ironically, we had things befter
then than we do now.

In Arizona, the Department of corrections (Ao
contracted Rose Ann Kisto fowrite a
manual on Nafive American Religious Practices,
Some of this manual Was used in AZDOC policy.

As o result, policy was added to
placate and silence the Native American
prisoners from 1994-1996.

Eventually, however, most of the policy
and its attachments protecting Native

American righfs disappeared , Today, we
are Worse off thanwhen we started. The
Religious L and Uses and Tnstitutionalized

18
Persons Act has done [ittle to stop

the flow of the river, resulting (n the
system wide disinteqration of Native
American Spiritual rights (n prison.

Arizong DOC’S Anti-Indian poicy in 2010.
~Changes from old (44-96)fc new policyin AzDoC —
- Provisions in policy say to provide sweat lodge

area thaf (s private and secure. Thisis

ot always followed.

Wording in policy changed from“sweat lodge
ceremonies shal( be held oha weekly basis
+o ceremonies may be held ona Weelly basis.”
often times reducing the amount of ceremonies,

« There have never been provisions for firewood,
causing major complications.

+ TalkingCircles removed from policy.

- Pipe ceremony removed {rom policy.

< Pow Wow ceremony removed from policy.

« Currently there is no specific protection for
sacred jtems. Religiousitems are routinely
mishand led and desecrated by staff.

« Musical instruments (+raditional)are allowed ot
the whim of administration we are denied
the right to have a water drum.

- We are oflowed very (imited (ist of herbs for
smudging. We are denied any use of additional
herbs unless we can’prove they are ceremonial.”

9
» Beadwork is denied.
Ceremonial Choker neckloce (s denied.
Ofpicers and Chaplain have no quidelines
for seorching sweat [odge fo prevent
intentional and wunintentional desecration.
« Very few Spiritual Advisors are available

to visit inmates.

. Native Americans who also practice
Christionity are repressed.

- 0fficers and Chaplain have notaknowledged
Moonfime tradition beliefs, we have been
accused of being discriminative.

+ Arizono Department of Corrections
issued a memo locking Natives out of
their spiritual orea. Our access is severely

limited. We are only allowed oneday a

week for a sweat lodge ceremony—only
if4here is firewood available. If Lhere
is no firewood then we are fold we can
only use their " Multidenominational’Christian
Chapel for a Talking Circle. Howarewe
Supposed fo smudge and pray for Father SKy
and Mother Earth in there? They tell us 4o
Play ourdrum in their chapel. We refuse to
be Christianized by {hem.They took our water drum!

» Weare not allowed to assist in preparing the
sweat lodge grounds for ceremony.

20
These are just issues in Arizona. Many
states are far worse. The penal logical
system is ulfimately o Christian based
machine.  Christian-based programs are
promoted in prisons while indiginous
spfr:'fuql practice is oppressed.
A lock of policy for Native American religious
rights causes a subsiantial burden o our
Free Exercise 0f Religion, Policy regarding our
sweat lodge, medicine bag, herbs, fobacce tres,
+the sacred. pipe, TalKing Circle ceremony,Pow-
Wow Ceremony, private Worship specil Ceremonies,
ceremonial codes of cenduct, conduct on
Native Americanreligicus qrounds, fraditional
instruments, beadivork, ond other important
aspects of our religion must be added 1o
religious policies in order fo protect

our rights.

The only way fo profect our rights at
this point is for individual Natives and
fheir families fo start and join grassroet
organizations to educate the freeworld of
+he ongoing atrocilies committed daily
aqainst Notive American veligious practices.

Notive American Prisoners nee

tribal members to velunfeer as

spiri{ual Advisors to come fo

2
the prisons and promote a healthy sfate
of well being. Indian Tribes need
1o develop outreach programs to
prisons that promote education,
traditions, and healthy [iVing.

Very few, if any, Native American
seeK Tribal scholarships to educate
themselves while they are incarceroted
I have seen toc moany Native brothers
come back fwte the system becavse of
recidivism. The only way to
combat this is with education,

Spirituality helps, but the only thing you
carry oul with yeu to increase your
chances Inlife is an education.

So itis up +o us, brothers and sisters,
to set the example. We must find a
way. Ifwe don't, things will continue to
spiral downward. Tf we den't act, all will
be lost. All of our rights will be qonme.
The situationonly gets worse with +ime.

22
The River.

“One cannot change a river” I have been
told. “Why change ariver? Nomotter what
You do the'river will always be the same!

Why is it we humans place |imitations
onourselves before we even try. We stand
there, Staring atthe river while +he
beaver preceeds fo make a laKe.

When humans set out fc change the
river they waste time, energy and
meney. We locK at +he shovel, and quit
before we even start. Rather fhan
setting a goal, we sef up excusesto
do nothing. We attach mest of our
effort into keeping things the same.

To change the river you must divert the
flow. Rocks boulders, and trees will
cause the water tc step, and flow (n new
directions. As the wafer runs it carves
hew streams, a new river is formed.
The entire system altersic a new
direction,

Sowhat is the effect? po the animals
all dieand the plants stop growing?
Mother Earth takes o deep breath
and adapts. The river creates a pond,
the pond becomes a laKe, new plants
sprout and q new balance (s cre ated.

23
We are each a river, we are
tritituaries of humanity. Wnen rocks
fall from the cliffs of adversity we
must each adjust our flow and balance.
Humans flow (i Ke the course of Water on
Mother Earth, We are each responsible
for the changes we maKe. We are each
responsible for the changes we don't make
as we(l. You can never control the
flow of the water, but you can always
Change yourself.

If you ever find yourself in &
difficult situation that con’t be
altered, you can always adjust your
own facters. Depending on others to
help you change creates dependance.
You must haul your Own rocks.

Doing so builds strength, patience, and
fortitude.

Mother Earth carries us. Father
SKy blesses us with [ife. We flow
through (ife with time and circumstance.
We alter ourselves through the
choices we make. Our actions create
and change our balance. Together

we Create the great river of humanity.

a4
Writing a complaint,

When you write paperwork on an issue
officers may take it very personal.

In a way they may perceive it as
apersenal injury, o push that comes tfo
shove. You are pointing your finger af them
and maKing an accusation.

So when you write, always try to be
respeciful. Present only the facts and
do not +ry to |ead the reader. Try to
persuade with facts rather than perception.
Make a rough draf+ then goback over it and
remove any emotional or opinionated
statements. Be wary that officers may
not confirmany sfatements they made
to you. There is achance that if You
try to repeat their statements on paper
you will receive a ticket for lying
Tt is best to use general s{atements
in some situations. An example of ¢his
is “Officer Blank,on 10-10-10 had
gathered allthe workersfrom the VEC toget her,
He used harsh [anguage that I consider abusive
toward us.” The counselor will ask you
“well, what did he say? ” At which time
you should detail what you believe
was said. Tp you should escalate the
issue to an informal grievance {hen

as
you should detoil everyone why was
involved and everything that happened.
if you fry to add anything lafer on
during the qrievance process i+ will
be unusable in court. The onfy way
youcan add more issues and more
people to the eauation is to start

an additional grievance.

Be aware that fhe 0fficer and the
system are only going to +ry to point
themselves in the best light. They will 4ryto
Hurn things against you. The only facts you
will be able fo prove are the ones you
qather. Try to do as much information
gathering with written inmate [etters
as you can before escalating to a
grievance.

Words are easily manipulated, and
the people you complain fo will take
their own point of view. The guardians
job is to always protect +he system.

We are seen as a hindrance. We walk
into the realm of the grievance system
as a bunch of “rabble rousers” We
are seen as  “Wild Indians “with our

S pogan” rituals. They wonder why we
should even hove a Sweat lodge

2¢
in the first place.

T don't know of any churchwhere the
chaplain stands at the door with o
list in hand, making sure everything
mofches the list. “Thatbible is not
from an approved vendor,”or Vit has too
many pages,” or Vit is not the right color!”
in the same manner they do with our
religious items.

We get this constantly with our spiritual
objects. I we gef any variaticn of sage plant,
suchas california sage or white sage, property officers
Freat those herbs as contraband and we are denied
having them, Yet if T want any variation of
Bible there is no problem.

Situations like +his exist with virtually
every aspect of Native American traditjon

and ceremony in prison.

In order for non-practitioners of fhe
Native American Faith to understand
our viewpoint you must explain +hings
from their viewpoint. Herbs are like
pages from the bible. The sweat [odge
area is |ike a church. Talking Circles
are like bible studies. We cannot practice
our religionin their “Multi-dencminational”
Christian Chapel because it is

27
impracticable tobuild a sweat lodge
in it. Wedonot have Talking circles
in their religious grounds because our
smudgingwould set off their fire alarms.
we do not sihg (n their church because
our voices would be muffled from
Father Sky, the Great Spiri{, and our
drum would not be felt as the
heartbeat of Mother Earth.

When you are ready to write
start out with arough draft. Tryto
be 05 thorough as possible and (nclude
any events and conversations you hod.
Include all officers involved. Connect
actions with the dayand time they
happened. Write factual with as
[ittle opinion as possible. Your
respectful opinion might be shared
in +he conclusion. Separate
paragraphs by different +imes and
events. Just explain what has
happened. Don't attempt to “Hwist”
the facts. Use o less is more”
approach. Try not to use more
than one kite. Try not to lose
your audience or say {00 much.

Do not ever use abusive (anguage

28
or make a stotement {hat could
be perceived as a threat.

Once you have finished the rough
draft have someone spell check
for you. Draw a line through
irrelevant sentences. Either
omit or rewrite anything that
needs to be changed. Verity all
the dates are correct. Remove anything
that might qet you in trouble. Do
not include any hearsay. You
canonly say what you've heard and
said as afact, not what someone
else has. Have o friend read i+
to make sure the presenfation
is right. I that person does not
understand what you are trying
+0 say then no one else will.

The ehding conclusion should
provide a reasonable solution to
correct your issues. Dont ever
bother asking for an apology, because
you will never receive one. Dont
expect an independant review of
the matter or for any money
to be spent to Fix anything. They
may hot ever even address

29
the fssue. The only thing you
can ever expect bacKis indifference
oand some times repercussions.

There is a Russian saying, “If
You are afraid of wolves then don't
wWal Kk inthe forest.” When you
fee( the cold hands of oppression
from atrocities committed by the system,
we are all feeling it too. If any
system is allowed to corrupt the
First Amendment Freedom to practice
religion, every member of soclety
will be affected. You and I are
on the front lines. Our oactions
will decide the freedom of choice
for our children. Itis your choice
to either stay In your bed or to
wolk out in the rain to face the
lightning.

The best thing fo do to prevent
adverse actions from your writings
is to start out by saying that you
are hoving ditficulty with o
situation and that you could use
their help to #ix {f. Show no
animosify and be factual about
your presentation. Show good effort

30
that you fried your best fo solve

the issue in a humble manner.

At the end of the [etter offer thanks
and respect for help in the matter.
Offer o realistic and simple solution.

It (s best 10 only tell your issues to

those you know and frust. You will also
find some people who will say“Someone
ought todo something,” Yet do nothing.
And then when you act there are people
who will say, “ You shouldnt have done
anything!” Don't expect anyone o help
you or save you fromtrouble. If no one

will walkwith you fowards +he goal
of spiritual freedom, walk-alone .

You won't be. There are many who

support your cause. Keep your head up
and walk tall.

VoIcES TFroM
THE

Tron House

31
Religious Policy.

Are regqulations and policies qrievable?
Can policies be changed in court? Of
course theyare. If fhe court finds a
requlation or policy unconstitutional
you can get it changed.

Many prison cases involving 1st
amendment rights are directed by
the Turner v. Sofely cose law standard.
Through this case the Supreme Court
developed o measure called the

Turner test.
The Turner test consists of the fof(owing

quidelines : 1.Is the requlation reasonably
related to o (egitimate neutral government
interest? In other words, does +he rule
make sense, and is it non-subjective to
different groups beliefs and ideas?

2. Does the requlation leave open another
way for you to exercise your constitutional
rights? This means thatthe prison must
have an available alternative for youfo
practice your beliefs (in regard {o
religion), they can't just blonket you

out completely. 3. How does the requlation
impact other prisoners, prison quards,
officials, and prison resources?

What are the effects of changing

32
the regulation? M. Arethere obvious easy
alternatives to the requlationthat would
not restrict your rignt to free expression?

Is there an alternative?

You may want to answer these questions
in a brief. A case that had a major
impact on religious rights is 0'lonev.
Estate of Shabazz. The outcome of the
Case wWas that prison requlations
that resiricted rights could be upheld
if they were reasonably related
4o a “leqifimafe penalogicel objective”
such as security, order,and monetary
concerns. Congress enacted the Religious
Freedom Restoration Act in 1993 as a
response to protect religious freedom.
The act was sfricken down in state courts as
unconstitutional, but was eventually
replaced by the ReligiousLand Use
and Institutionalized Persons Act

In 2000, Congress enacted RLUIPA

42 (1.5.C. 5§ 2000CC. This act of Congress
states +that prison requlations impinging
on religious freedom must utilize the
least restrictive means and have a
compelling interest. Security reasons
are usually what prisons use to

33
Justify reliqious infringement. Tn

order to prove a First Amendment
violation you must prove that your
exercise of religion has been substantially
impaired.

Arizona’s Revised Statute 4)-1443.0/
strongly protects the Free Exercise of
religion, Any rule thot impocts
religious practice is affected. Government
cannot substantially burden +he practice
of religion of anyone. The only
‘chepflo'\ is if the burden is both
"1 In furtherance of a compelling
9overnmental interest.” and, 2. The
least restrictive means of furthering
that compelling qovernmental interest.”

The Prisoners Litigation Reform Act
requires +hat you exhaust the
prisons grievance system. This
actually works for you, it generates
paperwork you con use as evidence.
Be sure 40 moke copies Of everything
every step of the way. Don't expect to
receive any paperwork back from
What  gou submit. Make copies of everything

Be respectul when you write kites

34
and mindful of the rules. You
should not use hearsay, be deceptive,
or lie on any paper work. When you
write and gather paperwork you involve
officials by pointing out a problem.
If they refuse to address the iSsue,
their answers are evidence they should
have Known the probiem, Their lack of
action i's provable by their response.
If you qet an adverse action committed
against you as a response, suchas
retaliation, be sure to write down
and date everything. You may need

the information for a declaration or
for additional qrievances.

1¢ your octions will effect your
religious group, you should olways
inform them of your actions and seek
counsel before you act. [fyou are
requested to stay inert, you may want
to try alternatives, suchos writing fo
newspapers and legislators. Write
everywhere you can to £ind advocates

for your cause and advice.

35
Works Cited for “Religious Policy”

A.R.S. Statute Y- [493.01
Besh v. Dutton, 47F. 34 1167
(C.A.6, 1495) 1905 u.5. App LEXIS 358Y,
1995 WL 68774
Jailhouse Lawyers HandbooK, Center for
ConstitutionalRights and the National
Lawyers Guild, 2005,
Legal Bulletin I. I Federal Civil Actions
"Lewisburq Prison Project, June 05
Legal Bulletin 2.1, Religious Rights in
Prison,Lewisburq Prison Project, July 2005
Tropp v. Dubois on http://www.nativeweb.orq/
/pages/ legal /trapp/memo-pi.htm |
Turner v. Safely, 482 U.5.78(1987)

@’ nlle @hw

36
3. Return of the Pipe and Drum

“We must always fight for what
we believe in. We must never tire

inour fight. T+does not really matter

how we Ffight, what matters /s what
we are fighting for.”

Dino Butler

Wearehuman,despite the way they treat us,

Becoming an advocate for Native
American Spiritual rights comes with

an excessive deqree of disappoint ment

and frustration. So muchso that

tension becomes your coffee, oppression
the air you breathe,and disappointment
Your best worst friend.

You must expect all this even if
you achieve any Kind of freedom, there (s
always a bigger fight around the corner.
There is no shortage of adversity for
people With brown sKin color in America,

I+ s important+to set o goal, and take
Steps to achieve that qoal. Sometimes
after you act you may find yourself even
farther back than before. What you must
never do is stop or slow down. Failure
canonly be alesson, you must pick
yourself up, dust yourself off, and jump
back in.

The qreatest leaders are the ones
who 100K risKs, missed, and recovered.
You cannot become qood at anything
until you become weathered to the
despairing Sting of failure. You only are
o master of failure and recovery, never
of success. You can only become 9great

38
at Something when adversity strikes you
head oh, but you Keep moving forward.
Yeu always keep in mind things may get
worse before they qet any better.

On April lgth, 1963, Martin Luther
King was jailed For non-violent protests
he was part of in Birmingham, Alabama .
During the protests, police blasted the
pretesters with streams from #ire hoses
and released police degs on them.

Many of the profesters were women

and children. Photographs were taken

and seen around theworld. President

Kennedy intervened in the issues and
eventually equal rights were achieved.

1 knew a Nafive American brother
whe had been |ocked down for over 20
years. When he first entered prison he
rebused o have his hair cut in conformity
40 the rules. 5o, he was held down
forcibly while quards shaved his heaa
then taKen to solitary confinement,
While he was in the hole the quards opened
the cell door and four inmates from
another race entered his cell. They beat
him dowa viciously. 20 years later he
wolked out of the gates of the prison

39
still bearing the scars.

Besides physical refoliation, we
have much to fear from psychological
retaliation. Writing a kite or
complaining against an officer is
quaranteed 1o resultin excessive
Searches and property (oss, Ryjes will
be enforced that werent enforced
before. Grievances are sometimes
answered with diesel treatment,
qetting shipped to another unit.

There are few ways to solve
issues in prison. The first +hing fo do
is talK fo the party you are having contlict
with. The best way fodosois with an
inmate letter asKing for help with 4he
motter. Ask for asimple solution
and provide a reascnatle alternative.
If nosolution presents itself considenr
running a grievance. If you have
multiple issues involving a single
theme, suchas religious rights, you may
Wont to address them all ot the same
Hime. Expect major 0pposition from
officers. Always act with respect
though you moy receive none, and never
reise your voice or say more than

Ho
what needs to be said. You may fiad
the grievance system +o be a Kangaroo
court. Itis a necessity that will
help gother paperwork. study
any legal booKs you can and review
the grievance process before you gef
started. Don’t ever Wait to appeal fo +he
next level.
Martin Lufher king, Jr., in his letter from
Birmingham fjail, identified four
important steps +o take in any non-violent
campaign for freedom and equal rjghts,
First, you must collect the facts and data
of an adverse situation. Second, you
must engage in communication and
negotiation with the affected parties.
Third, youmust engage in preparation
and selp-purification. Fourth is enqaging
in direct action, Thedirect action
1 will describe here is awritten campaign
as prison officials benelit from any
Kind of phusical protests. No matter
how much you lose from any action,
you will always gain in Knowledge
and perseverence.
The first step is to find out the
facts. You must find out how wide

i
spread the issues are and how deep the
problems 40. Wno has done what te deal
with the issues? Who has been invelved and
whatis the history on the issues? Weite
inmate letters asking for answers and
information. Talking face fo face with
officials involved i's often value less
unless you can get written confirm ation
of facts.  You may find officials who
will 4ry do help. They will face the same
walls you face raised by administration.
Try to qain more inforrmation than you
give. Write down important dates, fimes
and names of officials involved. Keep
o journal and write yourself memos. Once
You are able 40 accurately assess a
situation and all of (s components move
on o 1he next step.

The Second step on the quest for Free
Exercise of religion is the negotiation stage.
Negotiation invelves communicating a problem,
placing the issues of fhe preblem in front
oF both parties ona table, and finding a
solution to the problem. At thrs pornt
yow are not stirring up the water, but
furning on the Iights oF the truth,

You are pointing out how murky the water

Ha
already is. No matter what, Keep

moving forward. T+ is youractions +hat
change things, do not qet stuck in
waiting for something to happen. Doing
nothing leads tonothing. Often t+imes
officials will use stall factics or refuse
to admit there is a problem, Sometimes
The only negotiation you can attach
from administration is by writing kites
and running a grievance all the way

You may benefit by wrikingfo different
officials. Always be respectful and
asK specific questions. Do not be

ofraid fo write, the only bad question
is the one you never ask. Negotiation
may lead +ofalse promises, dead
ends,or outright denial. Things that
may qet ficed today may revert back
tomorrow. A valuable partof this
Stage is the additional gathering

of paperwork. Be sure+osort and
organize every kite and memo. Write
down a timeline of any events or
major answers.

The third stage described by

Martin Luther King, Jr. is the self
purification Stage. You must come

43
Yo terms within yourself about

who you are, what youare trying

0 do, and how you mustdo it. This

is a very important stage. We are
only cattle fothe system. Do the
cattle ever arque with+he rancher?

We must become resolved to cemmunicate
with +he outside world. Pressue and
tension must be built with+he ranch owners
not from us, but from your

main audience, the outside world.

Any form of action directly or
indirectly versus +he system may be
cause for our persecution, 50 we must
be indirect as possible after gatherig
the information you need.

Who we are is a nation of independant
brothers and sisters who join together
in inter dependance with our traditions.
One fime we were denied access to
our wood to have a sweat because of
the officers |ackof communication with
each other. Rather than let that
upset us we came together in g
greup activity. Another +ime
we were locked out OF the sweat
lodge area completely because we

uy
were denied access fo wood. They fold

us we could use their “Muli-denominational”
Christian chape| foplay our instruments
but we chose 4o ignore the invitation

and refusedfo allowourselvesto redefine our
traditions forthe christians. we chose to
smudge, pray, and play our drum

outside. With our smudqge we became
+he connectionto Father SKy from

Mother Earth, Withour prayers we

asked the Creator to help the oppressive
administration to see the error of their
ways. With our drum we became

the heartbeat of Mother Earth and
sanq fo the Creator forour ancestors
and for the sacred Hoop.

By standing up forourselves we
risked and lost everything theycould
take, but we gained much more in
veturn. We gained footing foward,
the Red Pood and as a group are

more connected with our ancestors .
AHhough you may place a boulder in
+he middle of +he river to divert
the stream, +he boulder wears down
over time. Youmust make your choice
to be either the boulder or the river.

4s
The fourth and final measure is
written action. Tn any prison sysfem
you must be careful whatyou do. The
time you act out against the system
the system may react by fabricating
a reason to send you to the hole, then
Shipping you out fo the next unit.

One way to coax change in a system
is o resort fo a writing plan. First
identify your resources with people who
can help. Second, identify and gather
the facts of what is going on. Third,
identify ways to spread your words. Fourth
isto write and mail everything ouf.

The first thing +o doina writin
campaign is to identify people +ha:
can help you. Create a monthly newsletter
or pamphlet informing the public of the
issues. See if youcan get help writing and
hand copying information from friends.
You may spend alotof time hand copying
information, SeeK facts and resources
from people who have been around
for awhile. Look forold documents
relating to your problems. Mail out letfers
asKinq for help from every prisoner advocacy
aroup you can find. Establish rapport

H6
from the members of the group and
asK for resources, Youare always +he
number ohe person in your situation.
keep a [ist of addresses and names of
1hose who can help.
The second important thingtodo in

a writing campaign is to gather facts.

Identify all the issues and ask who,
what, where, and when. Also identify
similar issues and the hisfory behind

any situation. Have the same issues
hoppened before? How have these

issues been handled in the past? Send
respectful Kites tothe appropriate officers
+o qain onswers locked in stone. Save and
file all paperwork. Go tothe |ibrary and
copy the latest grievance and religious
policies. Save important documents by
sending copies home. AsK forhelp from others
when you need it. Don't use hearsay or
make accusations when wriking Kites, just
ask questions.

The third stepis to identify paths

to distribute your words. Write reports

of the facts you've qathered and send
them to the different advocates you

+hink can help. Youwill have 40 hand

47
copy alot and mailout many [ethers,
Turn your reports ihte zines, pooklets,

and newsletters then send +hem out toa
zine distribufor who will nelp you. Try to
qget Pamily to help with getting a PO. Box
and other access tothe outside world.

If you don'thave family +o help, Keep
writing and asKing for assistance. There
are some services, |iKe Heavenly Letters
and con communications that can help you
qget established fora low cost. Ask around
for services +hatcan help type le tters.
Finding help can be a life long process,but as
40U Move Oh you grow n knowledge.

The fourth step is to startwriting and
sending everything out. This is where you
have the process of writing and publishing
down to a method. Save copies of everything
you write and publish it as abook (ater on.

For the media,make an information packet
carrying a report and press release.

You can asK to remain anonymous
although your letters may be read going
out. Base qour information on verifiable
facts. Send out to someone +hat can
make copies and Send out letters.

Wrike to your fribal Newspaper and

48
find a journalist to add as a resource.
Letyour family Know about your cause
and try te enlist their help.

I order to create any kind of change
within a system, You must generate an
enormous amount of +ension. You will
find more opponents to your actions
than pecple willing to help. Butthe
people who can see where you are
going arethe ones whowill hep.

Always Keep writing, Read history,
then start making it. Start an
information network, and share
your struggle with the whole world
to see. Ultimately your biggest asset
will be yeur actions. Follow the
Red Road.

The prison is the last outpost for

dignity and human survival, in +his

bleak place Native Amevican prisonersare

the final guardians of the Sacred Hoop.

There is no~Correction”in this System, only
corruption. There is no “rehabilitation only
recidivism. There is no jusfice, only injustice.
T#is up to us few, the survivors of the system
and the advocates who can see where humanity

49
is aoing to stand up for the Children
of Mother Earth and Father SKy, for all

of us.

/V(agfil % ftaau/ Ua

Until Stuggle is lon.
irontipicwarrior @ yaho.o

50
The Eagle Rises,

The Survey included in this document
isa vital partof the information gathering
Stage. With it you will Know where you
Stand. MaKe copies, £illit out, and send
+hem everywhere that might help. The
survey represents the truth. The truth
is asource of strength.

Do not corruptthe truth with exaggeration
or deception, or it will weaken your cause.
Be wary that the system willbeafraid
of the truth and tryto discount rt. Never
hesitate in spreading the truth. Doing
nothing leads to nothing. The entire
reason we hove lost so many rights
is because of inertia.

So act now, brothers and sisters,
our voice will be heard !

Hodlthe Earty... o

51
Map for spiritual Advocacy.

1. Gather resources and data.
A. Create a knowledge base of notes,

Kites, memos, and Keep a journal.

B. Write out 4o advocates and organ-
izations and ask for resources.

C. Write respectful questons tothe
Chaplain and administrators.

2. Confront the issues. Negotiation.

A. Establish yourself as someone who
will write the issues and let the
problems be known.

B. Try to come up with reasonable
solutions and alternatives.

C. Nomatter how bad you can
perceive things to get, expect worse.

3. Self -purification,

A.Learn self- control, discipline, and
humility in the face of great adlversity.
B.Share +his knowledge with fellow Natives.

C.Become self-reliant, depend only
on yourse|f.

. Written Action. Work within your means.
A.Be careful and wise when you write.
B.Write letters to fellow odvocates.
C.Write press releases and o news letter.
D.Get networked and write articles.
E.Refuse to give up. Find a way.

52
Friends of the Red Nation.

Barrios unidos <Great organization!
1817 Soquel Avenue Goodmaodel for
Santa Cruz CA 95062  advocacy.

Notional Native American . g yajo Nations
Prisoners Rights/Advocacy Corrections
Coalition C/0Len Foster  project.

P.0. Drawer 709

Window Rock Az 86515

South Dakota Prisoner  *Another good model
Support Group for spiritual qrowth

Po Box 3285 and advocacy.
Ropid City SD 57709

The Red HeartWarrior -+ Inspirational Newsletter
PO Box 4362 for +he Red Nation
Allentown PA 18105

Native American Rights  *Helped with resources.

Fund Library Does not provide
1506 Broadway leqal consultation,
Boulder, Colorado, 80302

Navajo Times - Good Newspaper.
PO Box 310 Alotof Crucial

Wiadew Rock AZ 86515 articles.
53
Z ines and Resources

NW Chicago ABC
Zine Distro
PO Box 154

Fox River GroveIL60021

South Chicago ABC
Zine Distro

PO Box 721
Homewood IL 60430

Eugene ABC
Suite# LEMU UofO
Eugene OR 97403

Con Communications, fac.

P.C. Box 362
Putnam CT 06260

Anthroposophy Society
in America

1923 Geddes Ave-
Ann Arbor ML 48104

Shenandoah News

736 W. 0Klahoma SF.
Nppieton,WI S991%

54

Great Zine Distro,
helped me get
Started.

‘Anthony Rayson
Overworked and
unpaid. send for
catalog-

«Send for Zines.

- Many services. Ask
fora list. Tell them
T referred you.

“Friends of mmne.

Spiritual booKs on
Anthrosophy.

Intereshing articles
abeuf Native America.
Schools / Legal Information

Blackstone Career Institute - This is a good
P.0.Box 899 school for your
Emmaus, PA 18049-0849  paralegal certificate .

Lewisburg Prison Project  Great leqal resources
Y34 Market Street, ste 307 Send SASE for
Lewisburq,PA 17837 information.
Notional Lawyers Guild <Get a free

132 Nassau Street # 922 Jail house Lawyer
New York, NY 10038 Handbook .

Prison Legal News -The best source for
PO Box 2420 affordable legal
West Brattleboro VT05303  hews.

Rio Salado College «Correspondence
Tncarcerated Distance Learning  Courses for

2323 West [4th Street certificate or
Tempe, AZ 85281-6450 Associates degree.

Adams State College - Associates and

208 Edgemont Boulevard  Bachelors degree
Alamosa CO 81102 programs.

wiite fo your fribe for scholarship
information.

55
Arizona Survey Results (for 2 Facilities)

I. General .

2. Y. Also onine.

3. Y. There is only one.

Y. N.Not written clearly.

5. Y. Sweat lodge once peweek (may be held) Some umts
may have fewer Ceremonies for Various diffic ulties

6. Y. Any hair length. Must Keep hed.

7. Y. Headbands allowed during ceremony.

8. N. Adequate tools provided.

4. N. varies with each unit. ,

10. N. Volunteers provide rocks at admm. discretion.

1. N. Staff unknowledqable of Native spiritual practice.

12. Y. stated in policy, however not fellowed in practice.

13 Without proper policy set +o protect our rights,
Staff will continue +o substantially purden
Native American spiritual praciice.

14. N. Native American religious (fems are roufinely
mishandled and desccraded throughout ADOC.

IS.N. Policy toovague.

16 N

17 N.

ig. N

9. ANNN BNNNCYUUNUN NNUN UN N

DYNYNYYYYNYYN

Comment, Technically none offhese items are
Iisted on ADOC religicus policy. We face major
restcictions on many items threugh

56
difficulties with property and the
outright ignorance and indifference
to Native American spiritual practices.
Most of the lists are only available +o the
chaplain.Corn pollen isnotavalable from approved
Vendors, BeadworK and beaded necKlaces are restricted .
Our water drum s contraband.

20, N. 1996 policy had prevision but was removeel

21, N.Only allowed inside chiapd and with spirt Advisor.

22, U.Pelicy allows for activities, but nok for Nalve
Americans by application. T asKed for both
atalKing circle and Q closs for the Native
American’ culture but both were denied.

23 N

24, N

25 U. Emergency Visit stated.

26, Most of the rights we had from 1994-189¢6
have been removed from policy.

27 N. Choplain tells Notive Americans hey have
40 prove” their tribal membership before
+hey can join the sweat lodge .

28. Y. There isonly one that we Know of.

29 N.

30. N.Religious area locked up unless sweat lodge

a cNeremom, despite request for +alking circle.

32, N,

57
Works Cited

Banks, Dennis and Richard Erdoes. 0}ibwa

arrior, I.5.A: University of OKlahoma Press 2004

Crow Dog, Mary and Richard Erdoes, LaKota
Woman. New YorK : Harper Perennial, 1991.

Donovan, Bill. “Inmate rights violated.”
Navajo Times 31 Mar. 199y,

Echo- Hawk, Walter. Study of Native
American Prisoner ssues, Notional Indian
Policy Center, The George Washington

.. University, Washington D.C.,1994.

“Interior, Justice to meet with Indians.”
The Washington Times 22 Mar. /99y.

Kisto, Rose Ann. Arizona Depart ment of
Corrections Notive American Religious
Services Manual, July 1994,

Luther King Jr., Martin. I Have a Dream
NewYorK: Harper San Fransisco 1392,

Matthiessen, Peter. In the Spirit of Craz
Horse. New York” ViKing, 1991. ]

Nell, DeniseRights denied fo Native Americans,
panel says.” university Daily Kansan.

31 Mar. 1994,
Tom Big Warrior.” Editorial:” The Red
Heart Warrior Winter 2004,

South Chie
BC Zine Dk
Publisher & Distributor
58 P.O. Box 721
Homewood, IL 60430