Pagan inmate accuses jail officials of
violating rights
Tuesday, December 30, 2003
By Paula Reed Ward, Pittsburgh Post-Gazette
JOHNSTOWN -- A jail inmate has filed a federal lawsuit against Bedford County's sheriff and deputy warden, claiming they are violating his right to religious freedom.
Charles Risenburg, who's been in jail since April, practices Wicca, a form of paganism.
Bedford County Sheriff Gordon Diehl says the Pennsylvania Department of Corrections doesn't recognize Wicca, and he doesn't either. That means he does not have to meet Risenburg's requests for special meals or to have certain items -- such as oils, wands, magic books or Tarot cards -- in his
cell.
Initially, when Risenburg first arrived there, he was permitted to have some of those items, Diehl said.
"This guy has a history with us over the last nine or 10 months," he said. "It was just never enough. He just kept demanding more and more."
Finally, when a new deputy warden took over, the Wiccan items, including the books, were taken from Risenburg, who is serving a 23 1/2-month sentence for a probation violation.
"He said if it has spells in it, I'm not allowed to have it," Risenburg wrote in his claim filed in U.S. District Court in Johnstown earlier this month. "This is a major part of my religion."
But Diehl said some of the books included images that depicted torture scenes.
"These rituals can be used to intimidate other inmates," he said. "You have to do away with as many interruptions to the routine as possible."
Another of Risenburg's claims is that the kitchen staff will not prepare vegetarian meals for him.
"When you've got 150 inmates, to fix a special meal, it takes a lot of extra effort," said Diehl, who's just beginning his second term as sheriff. "It's not just because of personal choice. We're not the Hilton. We're not short-order cooks."
The jail offers special meals based on health needs or religious reasons, but, Diehl said, Wicca is not recognized by the state Department of Corrections.
According to Sue McNaughton, corrections press secretary, the epartment's prisons do not accommodate Wicca or any groups practicing it.
Individuals can practice it privately, though, in their own cells. They may have books and literature about Wicca, provided the materials pass a committee review, McNaughton said.
Any other items associated with the religion, such as Tarot cards or oils or wands, are prohibited.
But the Bedford County jail is not under state control and is responsible for setting its own guidelines.
Kelly Muzyczka, the former president of the Three Rivers Pagan Initiative, said she understands the jail's need for security, but she questions that as being the true motive behind Diehl's actions. Instead, she wonders if it's based on intolerance.
No one is sure how many Wiccans there are, though Muzyczka said she has heard numbers ranging from 3 percent to 20 percent of the population. She does know there are several hundred people on pagan e-mail lists in the Pittsburgh area.
Wicca is the most commonly known of the pagan religions and traces its roots back to traditional European folk magic.
Wiccans don't believe in the devil, and they don't practice animal sacrifice, despite popular mainstream stereotypes, Muzyczka said.
Many of them keep their beliefs private for fear of repercussions.
"There are still people who would lose their jobs and their families if they found out," said Muzyczka, who labels herself a nondenominational pagan.
But, just as a good Christian doesn't have to have a Bible to practice religion, neither does a Wiccan need the tools Risenburg's requested, she said.
"A Wiccan doesn't have to have those books or oils or Tarot cards to be a good Wiccan," Muzyczka said. "They're not required by the faith."
But, she added, she'd want the same repercussions for a Christian who was proselytizing and preaching to other inmates inappropriately.
"I'd want to know the situation was that kind of equivalent before they took his books away," she said.
She would like jail officials to prove they removed Risenburg's religious items strictly because of security reasons.
Justifying his actions, Diehl said he's been told Risenburg threatened to cast spells on other inmates and their families in the past.
"We'll do everything we can to be fair to him, but we're not going to take any extra steps," the sheriff said. "If they do have a true belief, we'll do anything we can to accommodate."
Paula Reed Ward can be reached at
pward@post-gazette.com or 412-263-1455.
Link:
http://www.postgazette.com/localnews/20031230wiccan1230p5.asp