State To Challenge Ruling On Native American Religious Freedom

On September 7, a federal magistrate judge in Fayetteville, Arkansas ruled that a prisoner, Billy Joe Wolfe Jr., a member of the Cherokee tribe, should be allowed the use of a prayer feather in state prison so he can carry out his sincerely held religious belief that the use of feathers is necessary when communicating with the Great Spirit. Presumably the claim was filed under RLUIPA. The judge also said that officials had violated the American Indian Religious Freedom Act. She awarded Wolfe nominal damages of $1 and denied his claim for punitive damages. Yesterday, the Associated Press reported that jail officials are appealing the magistrate's recommendation, which must be approved by the district judge before it becomes final. They believe that a feather could be used either as a weapon or for sexual gratification. The judge said jail officials have legitimate concerns about safety and security but that their response was exaggerated because inmates have already have access to items such as pencils, which also can be used as weapons. Also no effort was made to consider methods such as controlled access to feathers.