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R.I. inmate wins right to resume jailhouse preaching

By The Associated Press

PROVIDENCE, R.I. — A convicted killer barred from preaching inside prison will be allowed to resume his participation in religious services under an agreement announced July 30 that ends a three-year legal battle.

Wesley Spratt had preached for about seven years in prison after undergoing a religious awakening and receiving what he said was a “calling” from God. Officials at the Adult Correctional Institutions banned him from preaching in 2003, saying it posed a security risk to give inmates positions of leadership or authority.

Spratt sued the state Department of Corrections in 2004 for the right to resume preaching. The 1st U.S. Circuit Court of Appeals in Boston sided with Spratt earlier this year, saying his participation in the religious services was “unblemished by any hint of unsavory activity.”

A new department policy adopted as part of the settlement permits inmates, including Spratt, to preach at jailhouse religious services under the supervision of a chaplain.

The policy still imposes certain conditions, such as prohibiting sermons that encourage racism, hate or divisiveness and forbidding any one inmate from monopolizing the time allotted for sermons, said lawyers involved in brokering the agreement.

“We decided that it was in our best interests to develop a policy rather than have a policy developed for us,” said Patricia Coyne-Fague, an attorney for the corrections department.

The department also acknowledges that it infringed on Spratt’s right to practice religion in prison, as defined by federal law, and that its blanket ban on preaching was “not the least restrictive means” available to maintain security.

Spratt is serving a life sentence in the maximum security unit of the state prison in Cranston for the 1995 murder of a parking lot attendant in Providence. He later became an ordained minister in the Universal Life Church and began preaching to fellow inmates, under the supervision of a clergyman, during weekly services in prison, according to court papers filed on his behalf.

A new prison warden banned Spratt from preaching in 2003.

Steve Brown, executive director of the Rhode Island affiliate of the American Civil Liberties Union, which pursued the case on Spratt’s behalf, said he was pleased by the resolution.

“Our goal from the beginning was to vindicate Wesley Spratt’s right to preach at the ACI,” he said.

The department has also agreed to pay Spratt’s attorney’s fees.

1st Circuit: R.I. inmate can sue over preaching ban
Unanimous three-judge panel rejects correction officials' argument that man's sermons presented security threat. 04.09.07


State high court rejects inmate's challenge to religious-services rules

Prisoner claimed his rights were violated by policy requiring chaplains or volunteers be present during all inmate religious services and that inmates not be allowed to preach. 04.20.02

9th Circuit revives inmate's RLUIPA suit
By Josh Tatum Unanimous three-judge panel reinstates Darin Greene's claim that California prison violated his rights by barring group worship by maximum-security prisoners. 04.16.08

N.J. inmate challenges ban on prison preaching
'The right to practice one's faith, or no faith at all, is fundamental and applies inside and outside the prison gates,' says ACLU official. 12.07.08

Religious liberty behind bars: How free should prisoners be?
By Charles C. Haynes Prisons can’t impose substantial burdens on free-exercise rights of prisoners unless the regulation serves a compelling state interest, such as prison safety. 07.25.04

Prisoners' rights
RLUIPA, religious buildings & zoning

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