Showing posts with label Oregon. Show all posts
Showing posts with label Oregon. Show all posts

Thursday, September 13, 2007

Another Court Rules that AA/NA are Religious

A recent court case ruled that a parolee can sue a parole officer for damages if the parole officer requires the parolee to attend 12-step groups such as Alcoholics Anonymous or Narcotics Anonymous when this violates the parolee's religious or non-religious beliefs.

The case is titled Inouye v. Kemna, issued Sept. 7, 2007. The full text of the opinion is here. The court that issued the decision is the Ninth Circuit of the United States Courts of Appeal. The court's ruling is the law in California, Oregon, Washington, Arizona, Montana, Idaho, Nevada, Alaska, Hawaii, Guam, and the Northern Mariana Islands.

Ricky Inouye was imprisoned in Hawaii after conviction on drug charges, and served his time. As a Buddhist, he objected to participating in 12-step treatment programs because of their religious nature. After his release, he sued his parole officer, Nanamori, for giving him the "choice" of AA/NA meetings or prison.

When that case came to trial in the federal court in Hawaii, Nanamori argued that he, a parole officer, could not have known whether AA/NA are "religious" because the law on that issue was foggy at the time he ordered Inouye to participate (2001). If the issue was unclear, Nanamori was immune from suit. Nanamori won on that issue in the lower federal court in Hawaii. Inouye (or rather his son Zenn, Ricky having meanwhile died) appealed to the Ninth Circuit.


The Ninth Circuit's opinion makes short work of the claim that the law was fuzzy on the religious nature of AA/NA. The court points to virtually identical cases decided before 2001 by the federal courts of appeal for the Seventh Circuit (Illinois, Indiana, Wisconsin) and the Second Circuit (New York, Connecticut, Vermont), in addition to a string of similar cases in lower federal courts and in state courts, all with the same result. The "unanimous conclusion" of these courts was that coercing a person into AA/NA or into AA/NA based treatment programs was unconstitutional because of their religious nature. Because the law on this issue was "uncommonly well settled," Nanamori cannot claim immunity.


Accordingly, the Ninth Circuit sent the case back to the lower federal court in Hawaii to decide how much, if anything, Nanamori has to pay Inouye's estate in monetary damages.


The court's ruling means that criminal justice officers -- or, arguably, any agents of the state, local, or federal government within the bounds of the Ninth Circuit -- can be sued for damages if they ignore a client's religious or anti-religious objections and coerce the person to attend 12-step meetings or 12-step based treatment programs.


What should prisoners, parolees, and criminal justice officers do in response to this ruling?


(1) Prisoners and parolees who have problems with the religious content of 12-step programs should stand up for their beliefs and make their objections heard, loud, clear, early, and on paper. In this case, Ricky Inouye won in part because he wrote letters and filed suit promptly after he was coerced into 12-step programs. He held to his position consistently, and enlisted legal help as soon as possible. Prisoners and parolees need to make it clear both in words and deeds that they earnestly want to remain clean and sober, that they are willing to participate in alcohol and other drug treatment programs and to attend support groups, but that the religious content in the 12-step programs violates their constitutionally protected beliefs and interferes with their recovery. Prisoners and parolees can match these words with actions by demanding referral to non-religious (secular) treatment options, if they exist, and by taking the initiative to organize secular support groups, such as LifeRing, on their own.


(2) Officials in the criminal justice system (and other government officials with coercive powers over addiction offenders) need to offer their clients a choice between religious and secular treatment programs and support groups. The "choice" between AA/NA or prison offends the constitution, and officers who insist on it need to check their professional liability insurance. Government officials can help themselves as well as their clients by sending the message to treatment programs that the programs must embody a secular track along with the 12-step track, or risk losing referrals. Officials need to inform themselves and their clients about the availability of secular support group alternatives, such as LifeRing. Where clients take the initiative to organize such support groups, officials need to be cooperative and provide a level playing field when it comes to rooms, publicity, literature, referrals, and other resources. In an appropriate case, officials may take the lead in initiating secular support groups themselves.


The Ninth Circuit decision ruffles some feathers because it contradicts the belief of many AA/NA members that the 12-step approach is "spiritual not religious." Of course, these words can have many meanings. But as far as the First Amendment of the US Constitution is concerned, the 12-step approach is clearly religious, and the Ninth Circuit only joins a "march of unanimity" of other courts who have come to the same conclusion.


The basic thrust of this line of cases is that the constitutional guarantee of freedom of and from religion extends over the whole of the United States, including the ever-expanding areas enclosed by prison walls. Since such a large proportion of prisoners are there because of drug and/or alcohol abuse, this recent ruling serves as an important refresher. Jails and prisons, notoriously in California, are overcrowded and in deplorable condition. The Ninth Circuit's decision says that the freedom of religious belief or disbelief must not go down the drain along with so many other elements of civilized penal treatment.

Tuesday, December 26, 2006

DEA covering up Afghan heroin tide


The Bush administration's Drug Enforcement Administration (DEA) is trying to cover up the surge in high-purity, low-priced Afghan heroin coming into the U.S., reports the Los Angeles Times today.

Despite an internal DEA memo, leaked to the Times, reporting the arrival of the Afghan supply, a DEA spokesman denied that there was an increase in Afghan heroin arriving in the U.S.

But drug enforcement authorities and heroin addicts in many parts of the country know better. The Times says:
Supplies of highly potent Afghan heroin in the United States are growing so fast that the pure white powder is rapidly overtaking lower-quality Mexican heroin, prompting fears of increased addiction and overdoses. ...
"The rise of heroin from Afghanistan is our biggest rising threat in the fight against narcotics," said Orange County sheriff's spokesman Jim Amormino. "We are seeing more seizures and more overdoses." ...
The Department of Homeland Security also has found evidence of increasing Afghan heroin in this country. The agency reported skyrocketing numbers of seizures of heroin arriving at U.S. airports and seaports from India, not a significant heroin-producing country but a major transshipment point for Afghan drugs. ...

In the meantime, although they may not recognize the product as coming from Afghanistan, addicts across the country are increasingly coming into contact with more powerful heroin.

"There is a different kind of heroin now," said Eric Wade, a 32-year-old recovering addict in Portland, Ore. "It is very, very strong, and it is cheaper than the other stuff. Not everybody has access to it, but I've seen more people overdose … on that stuff."
The Afghan heroin "is so pure that they can snort it or smoke it," said one police official. "So, no needles or track marks." The article also provides background information on the history of the Afghan opium crop. For additional coverage in this blog, select the "Afghanistan" label.

Wednesday, December 20, 2006

Tax liquor to pay for treatment: Oregon governor

SALEM OR- With hard liquor growing in popularity, Gov. Ted Kulongoski said Tuesday that it makes sense to tap booze sales to pay for treatment and prevention programs.

Kulongoski told the audience at a ceremony for those providing alcohol and drug treatment services that his proposal calls for 2 percent of gross liquor sales to go to treatment and prevention - enough to put an additional $17 million into such services and add the ability to help 2,600 more people get help with their addictions.

Kulongoski said the increase was "only a drop in the bucket ... but I believe those dollars will go a long way to getting us back on track."

That increase, along with $4 million from the state general fund, would bring the total spending for treatment and prevention to $127 million, Kulongoski spokesman Jake Weigler said.

The governor said his proposal linked treatment to the growing number of people, and particularly underage drinkers, who use hard liquor. More details.

Thursday, December 07, 2006

Study: Youth who use alone use more, get in more trouble

A nine-year RAND Corporation study finds that adolescents who drink, smoke cigarettes, or use illegal drugs while alone tend to use more of the substances and to have more serious consequences than their peers who only drank, smoked, or used while in the company of others.

However, solitary users were not as a rule socially isolated. Solitary users spent more time going to parties and dating than kids whose alcohol or drug use was always social. They just didn't share their addictive substances or disclose the extent of their use to peers.

The study followed more than 6,000 children in California and Oregon from 8th grade to age 23. It appears in the December issue of the journal Psychology of Addictive Behaviors. A news summary is here.

Monday, November 20, 2006

Meth busts overcrowd foster homes

SALEM, OR: The law enforcement campaign to reduce the methamphetamine business in the Salem area has overcrowded local foster homes, says an article in the Statesman-Journal. So many parents have been arrested and jailed in connection with the meth trade that authorities have put out an urgent call for more foster homes for their children. Source.

Tuesday, October 10, 2006

Alcohol Industry Runs Oregon

In Oregon, the alcohol industry runs the show, says an editorial in today's Oregonian. The paper points out that the excise tax on alcoholic beverages hasn't been raised in more than 30 years, thanks largely to millions of dollars the industry spends funding and entertaining state lawmakers. As a result, the state has "glaringly inadequate resources to deal with alcohol-related social ills that are largely responsible for filling our emergency rooms, jails and prisons, as well as contributing to the breakup of many families." The editorial supports an alcohol tax increase that would raise much-needed funds for addiction and mental health treatment, prevention, and education. Source.

Friday, September 29, 2006

Oregon Switch to Strength-Based Treatment

A huge majority of people who need treatment for ATOD (Alcohol, Tobacco, Other Drugs) problems don't want treatment, studies show. Dr. Westley Clark, keynoter at the counselors' conference in Burbank yesterday, got a big chuckle from the audience with this statistic. Practically everyone took it as proof that "denial is not a river in Egypt."

But maybe some of the people who reject treatment have a point. Maybe they've talked to people who've tried treatment and it didn't feel right. Maybe treatment made them feel powerless, and ashamed, and depressed. Maybe treatment made them feel like Bad People. And that was scary.

Dr. Karen Wheeler, addictions policy manager in the Oregon Department of Human Services, has been listening. She says that treatment shouldn't be a frightening experience, and it shouldn't make you feel more worthless than you already feel.

Wheeler has announced a new strength-based orientation for substance abuse treatment in Oregon. "We are telling state-financed treatment providers to stress people's strengths and resilience, not their symptoms and illness," she says.

"No matter how long you have been addicted, we believe you have strengths to overcome your disease. We believe in your recovery." Source.

In my opinion, Wheeler is on the right track. Seeing and working with the addict's inner power to overcome addiction is a basic tenet of the LifeRing approach. See How Was Your Week, Ch. 2, Sec. 2.4. Maybe if treatment makes you feel like there is something worthwhile inside of you, fewer people will reject treatment and more people will take advantage of it. Isn't that worth trying?

I look forward to learning more about how Oregon implements the new strength-based treatment philosophy.