bullseye

Ricky Inouye is dead.

At the meeting C. said, "The Ninth Circuit Court of Appeals has ruled that forcing someone to participate in an AA program is unconstitutional." The word "unconstitutional" always gets my attention. It is very often misused. When I got home I did my research. Google listed several headlines that stated essentially the same thing as C. had.

Mr. Inouye who had an addiction to methamphetamine was on parole for drug related crimes. His parole officer Mark Nanamori ordered him to attend meetings of Narcotics Anonymous. Inouye, a Buddhist, objected to the religious nature of the program and refused to attend the meetings. Partly for that reason he was sent back to prison. He filed suit claiming that his constitution right to freedom of religion had been violated and naming the city and county of Honolulu, Mark Nanamori and others as defendants. Inouye died in custody and his son Zenn Inouye carried on the suit in his behalf.

Nanamori did not dispute that he had violated Inouye's constitutional rights but claimed he was immune to liability because he was acting as an agent of the state. Citing several previous cases the Court ruled that Nanamori should have known he was acting in violation of the plaintiffs rights and therefore could be held liable for his actions.

A quote from the opinion issued by the court, "In this case, it is essentially uncontested that requiring a parolee to attend religion-based treatment programs violates the First Amendment." This is an important point. The Ninth District Circuit Court of Appeals did not rule that forced attendance in AA/NA programs was unconstitutional, that was an established point of law. They ruled that Ricky Inouye could sue his parole officer for his actions.

At the meeting C. repeatedly said "This guy chose death rather than life!" I could not find anywhere the cause of death for Ricky Inouye. So whether or not his death was related to his refusal to participate in a program I don't know. I do know this, Ricky Inouye fought for the rights granted him by the Constitution of the United States of America and the Bill of Rights. It might have been wiser for him to stop fighting and attend the program as his parole officer had wanted. But this America! The rights many people have given their lives for are ours to do with as we wish. If Ricky Inouye chose death rather than life that was his right.

Ricky Inouye may not have needed protection from a government trying to impose religious beliefs on him, but it is because of people like him, demanding their damned right because it is their damned right, that you and I have the freedom to speak the truth, write blogs like this one, gather in groups, ask the government to do the right thing and worship when and where and whatever God we choose!

The opinion of the court:

http://www.ca9.uscourts.gov/ca9/newopinions.nsf/6FA63303852632AC8825734F0059D078/$file/0615474.pdf

and the first amendment:

http://www.law.cornell.edu/constitution/constitution.billofrights.html

OWL

Oct. 5, 2007