Sunday, May 04, 2014

Court Invalidates Limits On Muslim Worship In Texas Prisons

A Texas federal district court has handed down a decision giving a major victory to Muslim inmates in Texas seeking more access to religious worship services. In Brown v. Livingston, (SD TX, April 30, 2014), the court held that
(a) [Texas Department of Criminal Justice] current Administrative Directive 7.30 ... which embodies TDCJ’s policy that inmates may not gather in groups of more than four for religious services unless a TDCJ staff member or outside volunteer is available to provide “direct supervision,” is an ongoing violation of the Muslim inmates’ federal rights under the Religious Land Use and Institutionalized Persons Act ... and the First Amendment; (b) the “Scott Plan,” which is TDCJ’s policy of providing TDCJ staff to supervise only one hour of religious services per week for each faith group unless an outside volunteer is present to provide direct supervision, is an ongoing violation of the Muslim inmates’ federal rights under RLUIPA and the First Amendment....
The court enjoined the prison system from applying Administrative Directive 7.30 or the Scott Plan to Muslim and Jehovah’s Witness inmates.