PEYOTE

PEYOTE 

Archeological evidence shows that peyote has been used in North America for over 10,000 years.  Plant remains have been found in human sites dating from 8,500 BC.  The ancient Colima culture of 2,000 years ago has prolific art showing the use of peyote.  Peyote came to European attention when Hernan Cortes conquered the Aztec civilization of central Mexico in 1559.  His appointed archbishop, Juan de Zumarraga, searched throughout the empire for information about their civilization and burned thousands of documents, including a tremendous store of knowledge of plants and medicines.

The Franciscan friar Bernardino de Sahagun accompanied the conquistadors.  Fortunately for historians, he was a better naturalist than missionary, and recognized the value of the information that was about to be lost.  He worked tirelessly with Aztec physicians to record their medical practices and after decades of effort, produced the monumental Historia General de las Cosas de Nueva Espana (General History of Things of New Spain).  In this work, he described a cactus used by the Chichimecas,  “which they call peyotl, and those who drank it took it in place of wine.”  He went on to write “it is like a food to the Chichimecas, which supports them and gives them courage to fight and they have neither fear, nor thirst, nor hunger, and they say that it protects them from every danger.

The new conquerors were not pleased to learn of a plant, which gave courage and removed fear and hunger.  In 1571, a harsh repression began of all traditional religious practices, and in 1620, the use of peyote was declared to be the work of the devil.  In the eyes of the government, peyote was as evil as murder and cannibalism and its use severely punished, sometimes by death.

Although peyote was repressed, it continued to be used secretly by healers and shamans, and more openly by remote tribes including the Yaqui, Cora and Tepecano.  Two tribes in particular, the Huichole and the Tarahumara have carried the peyote tradition up to the present as a central, dominant feature of their culture.

The Huichole tribe now consists of about 25,000 people who live in the Sierra Madre Occidental mountain region of northwestern Mexico.  Most of their sacred practices revolve around the use of peyote, which they hold as the physical manifestation of God.  Peyote, they believe, “will give one heart” and greatly increases Kupuri, the energy force that creates life.  Because the cactus does not grow in their territory, Huichole’s travel hundreds of miles to the peyote fields each year in a ritualistic journey that involves prayer, abstinence, and celebration.  Their annual pilgrimage is made at the end of the rainy season, in October or November.  A Huichole shaman, the Mara’akame, who is in contact with Tatewari, the grandfather-fire, also known as Hikuri, the Peyote-God, leads the pilgrimage.  For the Huichole, peyote is much more than an intoxicant; it is a central feature of their lives.  They pray to it, tell stories and dance to it, and use it for all types of illnesses, even childbirth, and rub the juices of fresh peyote into wounds to prevent infection and promote healing.

The Tarahumara historically lived north of the Huichole in the Sierra Madre Occidental, but now many of the 50,000 members of the tribe have migrated to the hills and plains southwest of the city of Chihuahua.  Tarahumaras are famous as great distance runners, delighting in 20 to 40 mile races over rugged mountain trails.  Their races are not only for sport but also have religious meaning.  Athletes carry only a little leather pouch containing peyote, which they use for endurance and to keep focused on the meditative spirit of the run.  While the outward ritual of their peyote use is different from the Huichole, they share the belief that peyote is the flesh of God.

 

 

Palmistry Reading

Aside


Type of Palm Reading
Specific Questions:



To Get an online Palm reading with Christopher, just take pictures of your hands and send to (719) 588-8181. You can also send them to advanceddivination@gmail.com, through Facebook or by mail. It is also possible to send a scan of the hands by placing your palms over a scanner or printer.

Take Pictures of the front, back and sides of both hands. Different lighting  conditions and different angles of light help a lot too. Send by phone, mail, or Email them to advanceddivination@gmail.com. Be sure and give me your name and phone number and decide on a good time for me to call. This reading will be very detailed, so it would be best if it was recorded.

Any extra photographs can be very helpful in answering complex questions, for instance, if you wanted to know where you were born or something of that nature, it would helpful to have pictures of the bottoms of your feet, your face, profile and any curious moles, birthmarks and/or scars you might have.

A basic reading is 30 minutes long. It can be done in classic palmistry fashion or we can spend that time just looking at the present in order to resolve an issue or answer some questions.

A full palm reading is one hour long. It can entail both, the classic palm reading, as well as looking into specific issues.

A complete palm reading is every thing I can find out about you from your hands (or from any pictures that you send me). This can be over the phone or in written text form (as an essay), or both. This will also include an Astro-palmistry natal chart of the hand showing planetary signs.

A composite of any of the above readings can be customized as you like. If you are a student of palmistry, or if you are interested in understanding how I know what I know, I can draw out any specific detail in your hands along with explanations.

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                                     back of left hand Right palm Baby's palm Left side Right and Left great palm Left side of hand

Readings usually occur over the phone, although, it is possible for an audio recorded reading to be sent to your email. For the complete reading, you will receive a text format sent to your email.

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Moontime Details

The Singing Stone fully recognizes the extreme energy that women carry during Moontime. Divine Feminine physical manifestations of our Creator/Creatrix, our power is so great that we are capable of bringing forth new life. Because Moontime is such a powerful pull, we follow these traditional Lakota Ceremonies as they were passed to us and we do not allow mooning women to attend. The reason for this is because moontime energy would completely take over the intentions of the Medicine Man/Woman and people who put so much effort into creating a Ceremony with a specific purpose. As we have been guided by our teachers, women on their moontime may be present for All Night Peyote Meetings but would need to prepare 13 prayer ties around her waist with the intention to not interfere with the main intention. Ceremonies that consist of only women such as a sweat lodge and non traditional rituals would not include drums, feathers, sacred pipes, or any other sacred objects used in Indigenous Ceremonies for men and women.

Moontime (Menses) is a special time for a woman to enjoy her own Ceremony in solitude or with other mooning women. We encourage our young sisters who have reached womanhood and mothers who are still in this phase to rejuvenate and relax while others attend to children and other responsibilities. We envision a space for Goddesses to retreat together during this sacred time. For now, we have a red tipi which women are welcome to retreat to for however long or short needed.

Hanbleceya List

The Singing Stone

Hanbleceya List

We welcome those interested in going out for vision quest to present tobacco or a loaded pipe to the Medicine Man. Please have a clear intention in regards to the number of days that you would like to be sequestered. Anyone interested in going on the hill must have supported at least one time. We also ask that you assist with wood preparations beforehand. You must supply prepared food, snacks, and/or any other meal items or monetary donations to feed supporters. It is helpful if you have two people to be your “helpers”. If this is not possible then a supporter(s) will be designated to assist you when you go out as well as when you return. Please arrive one or two days prior to the date to be planted. Below is a list of materials needed for Vision Quest.

Large amount of loose tobacco

  1. Fabric for 405 prayer ties (1” apart) in this order around a ball of sage on a continuous string:

    - 5 in colors of your choice of blue, green, and/or purple (small amount of fabric)

    - 100 white (1/3 yard for 2” squares)

    - 100 yellow (1/3 yard for 2” squares)

    - 100 red (1/3 yard for 2” squares)

    - 100 black (1/3 yard for 2” squares)

  2. Fabric (¼ yard each)

    - Black, red, yellow, gray, blue, green, brown, orange, & purple for flags

         – red felt for waluta

         – red for wrapping items

  1. One new star quilt, Pendleton blanket, or animal hide to give away 

  2. One personal blanket

  3. One new knife (cheap/expensive/your choice)

  4. One Pipe (corn husk tobacco may be provided)

  5. One new metal bucket to give away

  6. One new metal dipper to give away

  7. Medicine Wheel

  8. Shell Button

  9. Sweetgrass braid

  10. Sage (one armload may be collected or purchased)

  11. One special feather

  12. Six Chokecherry sticks collected in woods cut to one yard and pointed prior to Hanbleceya

  13. Attire: – Men wear shorts and a good pair of shoes – Women wear a cotton dress, shawl, if desired, and a good pair of shoes

  14. Feast for supporters for after Hanbleceya

  15. Personal food/drink for after

  16. Optional Giveaway for supporters

The Singing Stone has some items available for purchase such as metal dippers, higher quality metal buckets, sweet grass braids, medicine wheels, and shells. Bucket and dipper may be purchased at Big R arriving north in Conifer 303-816-7124. From south in Alamosa 719-587-0435. Orr’s Trading Company in Englewood, Colorado (near Denver) has shells buttons, quill work medicine wheels, and other items that you may need. They are at 303-722-6466.

To do the vision quest one would need to make the tobacco prayer ties. The 405 prayer ties are offerings for the 405 spirits of the Earth (Wasicun pi). The spirits that come will inspect each one ( they may not all come ).  The ties are also a protective device, in that only the 405 spirit may enter. Usually we use just basic cotton fabric. Normally the 405 ties are red but colors can vary depending on the situation. Be sure and contact us about this important detail. The fabric is cut into 2 inch squares.

The string to use may be yarn, kite string, or sinew (waxed nylon). A tiny pinch of tobacco is placed into a cloth square, using two slip knots, the bundle is tied without cutting the string. Keep the prayer ties an inch apart. You should only be praying while you do this, nothing else. It is nice to smudge the prayer ties each time you sit down to work on them. The ties should be rolled onto a small wad of sage as you go along, sort of like rolling a ball of yarn. They can be made in stages or all at once. Be sure the string will be long enough, pieces of string cannot be tied together. So make sure you wind up with one continuous line of 405 prayer ties 1 inch apart.

You will also need to make prayer flags, also known as robes. You will need 1/4 yard of red, yellow, black, gray, blue, green, brown, orange, and lavender. These should be new basic cotton. Also you will need 1/4 yard of red felt of any kind. A small hand full of tobacco is placed into the corner of the fabric and tied into a bundle with string. Each flag will be separate but make sure you leave about 7 inches of string  on either side of the bundle to tie these to sticks later.

Just before vision quest we will take a short hike to gather fresh sage and five forked sticks either chokecherry or juniper. The prayer flags will be tied to these just before the sweat lodge. The sage will be laid out upon the ground within the Hocoka.

For the red felt prayer flag (waluta) you will also need a shell button, a medicine wheel disc decorated with porcupine quills, and a special feather. These will be tied to the bundle in that order. Please contact us if you cannot find some of these supplies.

A metal bucket with a dipper and a plain knife will be needed. An extra quarter yard of red basic cotton fabric will be used to wrap all of these things with sage. All of the items used in the vision quest must be new and unused. You will need a new star quilt or a Pendleton blanket or a buffalo hide. Everything that has been mentioned so far will be given away afterwards, except the sage, which can be used throughout the year as smudge incense. An extra blanket should be brought. This can be a used blanket of any kind that you will not give away.

The most important item for the vision quest is the sacred canupa or sacred pipe. Those people who carry a canupa will use their own. We will provide a pipe (on loan) to those who do not have one. Like the bucket, dipper, and knife, their handles will be wrapped in sage with the extra red fabric.

During the Vision Quest, if you need to use the “bathroom” you will place your sweetgrass braid over the prayer tie string. You will step over the braid outside of the hocoka use the “bathroom” and step back over the sweetgrass braid into the hocoka and remove the sweetgrass braid from the prayer tie string. To avoid all this one should fast from solid foods one or two days before going up on the hill.

In the event of the menses unexpectedly occurring while questing, a woman then is led away from the sequestered area and will be taken to the Moon Lodge. The ceremony ends for her then and can resume at a later date.( We will know if  the Moontime begins ).

Appropriate attire for this event for men is a pair of shorts or underwear. Ladies wear a simple cotton dress. We have sweat dresses and all of the necessary ceremonial equipment available.

Anyone participating in the vision quest would be responsible for providing a feast for all of the supporters. In some cases one would give gifts to all of the supporters as well. Contact us for more details in regards to this. Some of the foods for this are specific and would have to be prepared during the Ceremony. A few groceries to feed some of the supporters are necessary as well (they will participate in a light fast).

Moontime Details

Moontime (Menses) is a special time for a woman to enjoy her own Ceremony in solitude or with other mooning women. We encourage our young sisters who have reached womanhood and mothers who are still in this phase to rejuvenate and relax while others attend to children and other responsibilities. We envision a space for Goddesses to retreat together during this sacred time. For now, we have a red tipi which women are welcome to retreat to for however long or short needed. To read more about this energy, feel free to read Reclaiming our Moon Lodge. Contact Andrea Long at 719-937-1331 if you may be starting your sacred Moontime during one of our Ceremonies and she is happy to be of service and help hold space.

NATIVE AMERICAN CHURCH – Higher Court Rulings

NATIVE AMERICAN CHURCH – Higher Court Rulings 

 

CENTRO ESPIRITA BENEFICENTE UNIAO DO VEGETAL (UDV) v. UNITED STATES – Unanimous Ruling, November 1, 2005

“The Supreme Court heard oral arguments November 1, 2005, and issued its opinion February 21, 2006, finding that the Government failed to meet its burden under RFRA that barring the substance served a compelling government interest.”

“The court also disagreed with the government’s central argument that the uniform application of the Controlled Substances Act (CSA) does not allow for exceptions for the substance in this case, as Native Americans  are given exceptions to use Peyote, another Schedule I substance

______________________

STATE OF UTAH SUPREME COURT UNANIMOUS RULING, June 22, 2004 – State of Utah v. James W. Mooney, aka James W.B.E. Mooney, Linda T. Mooney, and Oklevueha Earthwalks Native American Church of Utah, Inc.,  

“2 We therefore rule that the exemption is available to all members of the Native American Church

“We hold that the federal Religious Peyote Exemption found at 21 C.F.R. 1307.31 has been incorporated into the Utah Controlled Substances Act” 

“On its face, the federal regulation does not restrict the exemption to members of federally recognized tribes. We therefore rule that the exemption is available to all members of the Native American Church

______________________

UNITED STATES ATTORNEY GENERAL OFFICE – Memorandum to the Drug Enforcement Administration – 12/07/2000  

“Our research has identified no religious organizations, other than the NAC, which would qualify for the exemption under these or similar procedural and substantive requirements.  It seems unlikely, therefore, that in practice the peyote exemption need be expanded beyond an exemption for the NAC.” 

“If, however, a group does appear which can establish that it is a bona fide religion in which the actual use of peyote is central to established religious beliefs, practices, dogmas, or rituals, your agency is obligated to accord it the exemption under the current statutory scheme.”

______________________

UNITED STATES TENTH FEDERAL CIRCUIT COURT OF APPEALS UNANIMOUS RULING, May 10, 1990 – United States v Robert Boyll
 
Nowhere is it even suggested that the exemption applies only to Indian members of the Native American Church.  Had the intention been to exclude non-Indian members, as the United States argues, the language of the exemption would have so clearly provided.  Indeed, the federal peyote exemption makes no reference whatsoever to a racial exclusion”  
“The District Court, Burciaga, Chief Judge, held that: (1) permitting Indians’ non-drug use of peyote in bona fide religious ceremonies of Native American church, but prohibiting such use by non-Indians, would violate free exercise and equal protection clauses; (2) compelling interest test applied to free exercise challenge to prosecution of non-Indian member, and (3) prosecution would violate free exercise clause. Motions granted..

 

 

United Nations Declaration on the Rights of Indigenous Peoples

United Nations Declaration on the Rights of Indigenous Peoples

U.N.

 

Adopted by General Assembly Resolution 61/295 on 13 September 2007

 

The General Assembly,

 

Guided by the purposes and principles of the Charter of the United Nations, and good faith in the fulfilment of the obligations assumed by States in accordance with the Charter,

 

Affirming that indigenous peoples are equal to all other peoples, while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such,

 

Affirming also that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind,

 

Affirming further that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust,

 

Reaffirming that indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind,

 

Concerned that indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests,

 

Recognizing the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources,

 

Recognizing also the urgent need to respect and promote the rights of indigenous peoples affirmed in treaties, agreements and other constructive arrangements with States,

 

Welcoming the fact that indigenous peoples are organizing themselves for political, economic, social and cultural enhancement and in order to bring to an end all forms of discrimination and oppression wherever they occur,

 

Convinced that control by indigenous peoples over developments affecting them and their lands, territories and resources will enable them to maintain and strengthen their institutions, cultures and traditions, and to promote their development in accordance with their aspirations and needs,

 

Recognizing that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment,

Emphasizing the contribution of the demilitarization of the lands and territories of indigenous peoples to peace, economic and social progress and development, understanding and friendly relations among nations and peoples of the world,

 

Recognizing in particular the right of indigenous families and communities to retain shared responsibility for the upbringing, training, education and well-being of their children, consistent with the rights of the child,

 

Considering that the rights affirmed in treaties, agreements and other constructive arrangements between States and indigenous peoples are, in some situations, matters of international concern, interest, responsibility and character,

 

Considering also that treaties, agreements and other constructive arrangements, and the relationship they represent, are the basis for a strengthened partnership between indigenous peoples and States,

 

Acknowledging that the Charter of the United Nations, the International Covenant on Economic, Social and Cultural Rights

(2) and the International Covenant on Civil and Political Rights,2 as well as the Vienna Declaration and Programme of Action,

(3) affirm the fundamental importance of the right to self-determination of all peoples, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development,

 

Bearing in mind that nothing in this Declaration may be used to deny any peoples their right to self-determination, exercised in conformity with international law,

 

Convinced that the recognition of the rights of indigenous peoples in this Declaration will enhance harmonious and cooperative relations between the State and indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith,

 

Encouraging States to comply with and effectively implement all their obligations as they apply to indigenous peoples under international instruments, in particular those related to human rights, in consultation and cooperation with the peoples concerned,

 

Emphasizing that the United Nations has an important and continuing role to play in promoting and protecting the rights of indigenous peoples,

 

Believing that this Declaration is a further important step forward for the recognition, promotion and protection of the rights and freedoms of indigenous peoples and in the development of relevant activities of the United Nations system in this field,

 

Recognizing and reaffirming that indigenous individuals are entitled without discrimination to all human rights recognized in international law, and that indigenous peoples possess collective rights which are indispensable for their existence, well-being and integral development as peoples,

Recognizing that the situation of indigenous peoples varies from region to region and from country to country and that the significance of national and regional particularities and various historical and cultural backgrounds should be taken into consideration,

 

Solemnly proclaims the following United Nations Declaration on the Rights of Indigenous Peoples as a standard of achievement to be pursued in a spirit of partnership and mutual respect:

 

Article 1

Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in the Charter of the United Nations, the Universal Declaration of Human Rights(4) and international human rights law.

 

Article 2

Indigenous peoples and individuals are free and equal to all other peoples and individuals and have the right to be free from any kind of discrimination, in the exercise of their rights, in particular that based on their indigenous origin or identity.

 

Article 3

Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

 

Article 4

Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.

 

Article 5

Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.

 

Article 6

Every indigenous individual has the right to a nationality.

 

Article 7

  1. Indigenous individuals have the rights to life, physical and mental integrity, liberty and security of person.
  2. Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group.

 

Article 8

  1. Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture.
  2. States shall provide effective mechanisms for prevention of, and redress for:

(a) Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities;

(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;

(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;

(d) Any form of forced assimilation or integration;

(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.

 

Article 9

Indigenous peoples and individuals have the right to belong to an indigenous community or nation, in accordance with the traditions and customs of the community or nation concerned. No discrimination of any kind may arise from the exercise of such a right.

 

Article 10

Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return.

 

Article 11

  1. Indigenous peoples have the right to practise and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and performing arts and literature.
  2. States shall provide redress through effective mechanisms, which may include restitution, developed in conjunction with indigenous peoples, with respect to their cultural, intellectual, religious and spiritual property taken without their free, prior and informed consent or in violation of their laws, traditions and customs.

 

Article 12

  1. Indigenous peoples have the right to manifest, practise, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites; the right to the use and control of their ceremonial objects; and the right to the repatriation of their human remains.
  2. States shall seek to enable the access and/or repatriation of ceremonial objects and human remains in their possession through fair, transparent and effective mechanisms developed in conjunction with indigenous peoples concerned.

 

Article 13

  1. Indigenous peoples have the right to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures, and to designate and retain their own names for communities, places and persons.
  2. States shall take effective measures to ensure that this right is protected and also to ensure that indigenous peoples can understand and be understood in political, legal and administrative proceedings, where necessary through the provision of interpretation or by other appropriate means.

 

Article 14

  1. Indigenous peoples have the right to establish and control their educational systems and institutions providing education in their own languages, in a manner appropriate to their cultural methods of teaching and learning.
  2. Indigenous individuals, particularly children, have the right to all levels and forms of education of the State without discrimination.
  3. States shall, in conjunction with indigenous peoples, take effective measures, in order for indigenous individuals, particularly children, including those living outside their communities, to have access, when possible, to an education in their own culture and provided in their own language.

 

Article 15

  1. Indigenous peoples have the right to the dignity and diversity of their cultures, traditions, histories and aspirations which shall be appropriately reflected in education and public information.
  2. States shall take effective measures, in consultation and cooperation with the indigenous peoples concerned, to combat prejudice and eliminate discrimination and to promote tolerance, understanding and good relations among indigenous peoples and all other segments of society.

 

Article 16

  1. Indigenous peoples have the right to establish their own media in their own languages and to have access to all forms of non-indigenous media without discrimination.
  2. States shall take effective measures to ensure that State-owned media duly reflect indigenous cultural diversity. States, without prejudice to ensuring full freedom of expression, should encourage privately owned media to adequately reflect indigenous cultural diversity.

 

Article 17

  1. Indigenous individuals and peoples have the right to enjoy fully all rights established under applicable international and domestic labour law.
  2. States shall in consultation and cooperation with indigenous peoples take specific measures to protect indigenous children from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development, taking into account their special vulnerability and the importance of education for their empowerment.
  3. Indigenous individuals have the right not to be subjected to any discriminatory conditions of labour and, inter alia, employment or salary.

 

Article 18

Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.

 

Article 19

States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.

 

Article 20

  1. Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities.
  2. Indigenous peoples deprived of their means of subsistence and development are entitled to just and fair redress.

 

Article 21

  1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security.
  2. States shall take effective measures and, where appropriate, special measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.

 

Article 22

  1. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities in the implementation of this Declaration.
  2. States shall take measures, in conjunction with indigenous peoples, to ensure that indigenous women and children enjoy the full protection and guarantees against all forms of violence and discrimination.

 

Article 23

Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development.

In particular, indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social programmes affecting them and, as far as possible, to administer such programmes through their own institutions.

 

Article 24

  1. Indigenous peoples have the right to their traditional medicines and to maintain their health practices, including the conservation of their vital medicinal plants, animals and minerals.

Indigenous individuals also have the right to access, without any discrimination, to all social and health services.

  1. Indigenous individuals have an equal right to the enjoyment of the highest attainable standard of physical and mental health. States shall take the necessary steps with a view to achieving progressively the full realization of this right.

 

Article 25

Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.

 

Article 26

  1. Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.
  2. Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired.
  3. States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned.

 

Article 27

States shall establish and implement, in conjunction with indigenous peoples concerned, a fair, independent, impartial, open and transparent process, giving due recognition to indigenous peoples’

laws, traditions, customs and land tenure systems, to recognize and adjudicate the rights of indigenous peoples pertaining to their lands, territories and resources, including those which were traditionally owned or otherwise occupied or used.

Indigenous peoples shall have the right to participate in this process.

 

Article 28

  1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
  2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.

 

Article 29

  1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for indigenous peoples for such conservation and protection, without discrimination.
  2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
  3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials, are duly implemented.

 

Article 30

  1. Military activities shall not take place in the lands or territories of indigenous peoples, unless justified by a relevant public interest or otherwise freely agreed with or requested by the indigenous peoples concerned.
  2. States shall undertake effective consultations with the indigenous peoples concerned, through appropriate procedures and in particular through their representative institutions, prior to using their lands or territories for military activities.

 

Article 31

  1. Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts.

They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions.

  1. In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights.

 

Article 32

  1. Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources.
  2. States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.
  3. States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.

 

Article 33

  1. Indigenous peoples have the right to determine their own identity or membership in accordance with their customs and traditions. This does not impair the right of indigenous individuals to obtain citizenship of the States in which they live.
  2. Indigenous peoples have the right to determine the structures and to select the membership of their institutions in accordance with their own procedures.

 

Article 34

Indigenous peoples have the right to promote, develop and maintain their institutional structures and their distinctive customs, spirituality, traditions, procedures, practices and, in the cases where they exist, juridical systems or customs, in accordance with international human rights standards.

 

Article 35

Indigenous peoples have the right to determine the responsibilities of individuals to their communities.

 

Article 36

  1. Indigenous peoples, in particular those divided by international borders, have the right to maintain and develop contacts, relations and cooperation, including activities for spiritual, cultural, political, economic and social purposes, with their own members as well as other peoples across borders.
  2. States, in consultation and cooperation with indigenous peoples, shall take effective measures to facilitate the exercise and ensure the implementation of this right.

 

Article 37

  1. Indigenous peoples have the right to the recognition, observance and enforcement of treaties, agreements and other constructive arrangements concluded with States or their successors and to have States honour and respect such treaties, agreements and other constructive arrangements.
  2. Nothing in this Declaration may be interpreted as diminishing or eliminating the rights of indigenous peoples contained in treaties, agreements and other constructive arrangements.

 

Article 38

States in consultation and cooperation with indigenous peoples, shall take the appropriate measures, including legislative measures, to achieve the ends of this Declaration.

 

Article 39

Indigenous peoples have the right to have access to financial and technical assistance from States and through international cooperation, for the enjoyment of the rights contained in this Declaration.

 

Article 40

Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.

 

Article 41

The organs and specialized agencies of the United Nations system and other intergovernmental organizations shall contribute to the full realization of the provisions of this Declaration through the mobilization, inter alia, of financial cooperation and technical assistance. Ways and means of ensuring participation of indigenous peoples on issues affecting them shall be established.

 

Article 42

The United Nations, its bodies, including the Permanent Forum on Indigenous Issues, and specialized agencies, including at the country level, and States shall promote respect for and full application of the provisions of this Declaration and follow up the effectiveness of this Declaration.

 

Article 43

The rights recognized herein constitute the minimum standards for the survival, dignity and well-being of the indigenous peoples of the world.

 

Article 44

All the rights and freedoms recognized herein are equally guaranteed to male and female indigenous individuals.

 

Article 45

Nothing in this Declaration may be construed as diminishing or extinguishing the rights indigenous peoples have now or may acquire in the future.

 

Article 46

  1. Nothing in this Declaration may be interpreted as implying for any State, people, group or person any right to engage in any activity or to perform any act contrary to the Charter of the United Nations or construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States.
  2. In the exercise of the rights enunciated in the present Declaration, human rights and fundamental freedoms of all shall be respected. The exercise of the rights set forth in this Declaration shall be subject only to such limitations as are determined by law and in accordance with international human rights obligations.

Any such limitations shall be non-discriminatory and strictly necessary solely for the purpose of securing due recognition and respect for the rights and freedoms of others and for meeting the just and most compelling requirements of a democratic society.

  1. The provisions set forth in this Declaration shall be interpreted in accordance with the principles of justice, democracy, respect for human rights, equality, non-discrimination, good governance and good faith.

 

 

 

(2) See resolution 2200 A (XXI), annex.

 

(3) A/CONF.157/24 (Part I), chap. III.

 

(4) Resolution 217 A (III).

Six Degrees of Separation to World Peace

 

 

First Amendment of the Bill of Rights

First Amendment of the Bill of Rights

Congressional Seal

______________________

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances

______________________

The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference. See U.S. Const. amend. I 



Freedom of expression consists of the rights to freedom of speech, press, and assembly and to petition the government for a redress of grievances, and the implied rights of association and belief. The Supreme Court interprets the extent of the protection afforded to these rights. The Court as applying to the entire federal government even though it is only expressly applicable to Congress has interpreted the First Amendment. Furthermore, the Court has interpreted, the due process clause of the Fourteenth Amendment as protecting the rights in the First Amendment from interference by state governments.  See U.S. Const. amend. XIV.

U.S.A.

The Fair Housing Act

The Fair Housing Act

Sec. 800. [42 U.S.C. 3601 note] Short Title
This title may be cited as the “Fair Housing Act”.
Sec. 801. [42 U.S.C. 3601] Declaration of Policy
It is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States.
Sec. 802. [42 U.S.C. 3602] Definitions
As used in this subchapter–

    (a) “Secretary” means the Secretary of Housing and Urban Development.

 

    (b) “Dwelling” means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.

 

    (c) “Family” includes a single individual.

 

    (d) “Person” includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under title 11 [of the United States Code], receivers, and fiduciaries.

 

    (e) “To rent” includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.

 

    (f) “Discriminatory housing practice” means an act that is unlawful under section 804, 805, 806, or 818 of this title.

 

    (g) “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any of the territories and possessions of the United States.

 

    (h) “Handicap” means, with respect to a person–

 

    (1) a physical or mental impairment which substantially limits one or more of such person’s major life activities,

 

    (2) a record of having such an impairment, or

 

    (3) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).

 

    (i) “Aggrieved person” includes any person who–

 

    (1) claims to have been injured by a discriminatory housing practice; or

 

    (2) believes that such person will be injured by a discriminatory housing practice that is about to occur.

 

    (j) “Complainant” means the person (including the Secretary) who files a complaint under section 810.

 

    (k) “Familial status” means one or more individuals (who have not attained the age of 18 years) being domiciled with–

 

    (1) a parent or another person having legal custody of such individual or individuals; or

 

    (2) the designee of such parent or other person having such custody, with the written permission of such parent or other person.

 

    The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.

 

    (l) “Conciliation” means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent, and the Secretary.

 

    (m) “Conciliation agreement” means a written agreement setting forth the resolution of the issues in conciliation.

 

    (n) “Respondent” means–

 

    (1) the person or other entity accused in a complaint of an unfair housing practice; and

 

    (2) any other person or entity identified in the course of investigation and notified as required with respect to respondents so identified under section 810(a).

 

    (o) “Prevailing party” has the same meaning as such term has in section 722 of the Revised Statutes of the United States (42 U.S.C. 1988).

[42 U.S.C. 3602 note] Neither the term “individual with handicaps” nor the term “handicap” shall apply to an individual solely because that individual is a transvestite.
Sec. 803. [42 U.S.C. 3603] Effective dates of certain prohibitions

    (a) Subject to the provisions of subsection (b) of this section and section 807 of this title, the prohibitions against discrimination in the sale or rental of housing set forth in section 804 of this title shall apply:

 

    (1) Upon enactment of this subchapter, to–

 

    (A) dwellings owned or operated by the Federal Government;

 

    (B) dwellings provided in whole or in part with the aid of loans, advances, grants, or contributions made by the Federal Government, under agreements entered into after November 20, 1962, unless payment due thereon has been made in full prior to April 11, 1968;

 

    (C) dwellings provided in whole or in part by loans insured, guaranteed, or otherwise secured by the credit of the Federal Government, under agreements entered into after November 20, 1962, unless payment thereon has been made in full prior to April 11, 1968:

Provided

    , That nothing contained in subparagraphs (B) and (C) of this subsection shall be applicable to dwellings solely by virtue of the fact that they are subject to mortgages held by an FDIC or FSLIC institution; and

 

    (D) dwellings provided by the development or the redevelopment of real property purchased, rented, or otherwise obtained from a State or local public agency receiving Federal financial assistance for slum clearance or urban renewal with respect to such real property under loan or grant contracts entered into after November 20, 1962.

 

    (2) After December 31, 1968, to all dwellings covered by paragraph (1) and to all other dwellings except as exempted by subsection (b) of this section.

 

    (b)Nothing in section 804 of this title (other than subsection (c)) shall apply to–

 

    (1) any

single-family house

    sold or rented by an owner:

Provided

    , That such private individual owner does not own more than three such single-family houses at any one time:

Provided further

    , That in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four month period:

Provided further

    , That such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three such single-family houses at any one time:

Provided further

    , That after December 31, 1969, the sale or rental of any such single-family house shall be excepted from the application of this subchapter only if such house is sold or rented (A) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person and (B) without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of section 804(c) of this title; but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title, or

 

    (2)

rooms or units

    in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.

 

    (c)For the purposes of subsection (b) of this section, a person shall be deemed to be in the business of selling or renting dwellings if–

 

    (1) he has, within the preceding twelve months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein, or

 

    (2) he has, within the preceding twelve months, participated as agent, other than in the sale of his own personal residence in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein, or

 

    (3) he is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.

Sec. 804. [42 U.S.C. 3604] Discrimination in sale or rental of housing and other prohibited practices
As made applicable by section 803 of this title and except as exempted by sections 803(b) and 807 of this title, it shall be unlawful–

    (a) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin.

 

    (b) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status, or national origin.

 

    (c) To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination.

 

    (d) To represent to any person because of race, color, religion, sex, handicap, familial status, or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.

 

    (e) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, handicap, familial status, or national origin.

 

    (f)
    (1) To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of–

 

    (A) that buyer or renter,

 

    (B) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or

 

    (C) any person associated with that buyer or renter.

 

    (2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of–

 

    (A) that person; or

 

    (B) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or

 

    (C) any person associated with that person.

 

    (3) For purposes of this subsection, discrimination includes–

 

    (A) a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.

 

    (B) a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or

 

    (C) in connection with the design and construction of covered multifamily dwellings for first occupancy after the date that is 30 months after the date of enactment of the Fair Housing Amendments Act of 1988, a failure to design and construct those dwelling in such a manner that–

 

    (i) the public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons;

 

    (ii) all the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and

 

    (iii) all premises within such dwellings contain the following features of adaptive design:

 

    (I) an accessible route into and through the dwelling;

 

    (II) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;

 

    (III) reinforcements in bathroom walls to allow later installation of grab bars; and

 

    (IV) usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.

 

    (4) Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people (commonly cited as “ANSI A117.1″) suffices to satisfy the requirements of paragraph (3)(C)(iii).

 

    (5)

 

    (A) If a State or unit of general local government has incorporated into its laws the requirements set forth in paragraph (3)(C), compliance with such laws shall be deemed to satisfy the requirements of that paragraph.

 

    (B) A State or unit of general local government may review and approve newly constructed covered multifamily dwellings for the purpose of making determinations as to whether the design and construction requirements of paragraph (3)(C) are met.

 

    (C) The Secretary shall encourage, but may not require, States and units of local government to include in their existing procedures for the review and approval of newly constructed covered multifamily dwellings, determinations as to whether the design and construction of such dwellings are consistent with paragraph (3)(C), and shall provide technical assistance to States and units of local government and other persons to implement the requirements of paragraph (3)(C).

 

    (D) Nothing in this title shall be construed to require the Secretary to review or approve the plans, designs or construction of all covered multifamily dwellings, to determine whether the design and construction of such dwellings are consistent with the requirements of paragraph 3(C).

 

    (6)

 

    (A) Nothing in paragraph (5) shall be construed to affect the authority and responsibility of the Secretary or a State or local public agency certified pursuant to section 810(f)(3) of this Act to receive and process complaints or otherwise engage in enforcement activities under this title.

 

    (B) Determinations by a State or a unit of general local government under paragraphs (5)(A) and (B) shall not be conclusive in enforcement proceedings under this title.

 

    (7) As used in this subsection, the term “covered multifamily dwellings” means–

 

    (A) buildings consisting of 4 or more units if such buildings have one or more elevators; and

 

    (B) ground floor units in other buildings consisting of 4 or more units.

 

    (8) Nothing in this title shall be construed to invalidate or limit any law of a State or political subdivision of a State, or other jurisdiction in which this title shall be effective, that requires dwellings to be designed and constructed in a manner that affords handicapped persons greater access than is required by this title.

 

    (9) Nothing in this subsection requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.

Sec. 805. [42 U.S.C. 3605] Discrimination in Residential Real Estate-Related Transactions

    (a) In General.–It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, handicap, familial status, or national origin.

 

    (b) Definition.–As used in this section, the term “residential real estate-related transaction” means any of the following:

 

    (1) The making or purchasing of loans or providing other financial assistance–

 

    (A) for purchasing, constructing, improving, repairing, or maintaining a dwelling; or

 

    (B) secured by residential real estate.

 

    (2) The selling, brokering, or appraising of residential real property.

 

    (c) Appraisal Exemption.–Nothing in this title prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, national origin, sex, handicap, or familial status.

Sec. 806. [42 U.S.C. 3606] Discrimination in provision of brokerage services
After December 31, 1968, it shall be unlawful to deny any person access to or membership or participation in any multiple-listing service, real estate brokers’ organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership, or participation, on account of race, color, religion, sex, handicap, familial status, or national origin.
Sec. 807. [42 U.S.C. 3607] Religious organization or privateclub exemption

    (a) Nothing in this subchapter shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin. Nor shall anything in this subchapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.

 

    (b)
    (1) Nothing in this title limits the applicability of any reasonable local, State, or Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. Nor does any provision in this title regarding familial status apply with respect to housing for older persons.

 

    (2) As used in this section “

housing

    for older persons” means housing –

 

    (A) provided under any State or Federal program that the Secretary determines is specifically designed and operated to assist elderly persons (as defined in the State or Federal program); or

 

    (B) intended for, and solely occupied by, persons 62 years of age or older; or

 

    (C) intended and operated for occupancy by persons 55 years of age or older, and–

 

    (i) at least 80 percent of the occupied units are occupied by at least one person who is 55 years of age or older;

 

    (ii) the housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subparagraph; and

 

    (iii) the housing facility or community complies with rules issued by the Secretary for

verification

    of occupancy, which shall–

 

    (I) provide for verification by reliable surveys and affidavits; and

 

    (II) include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of clause (ii). Such surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification.

 

    (3) Housing shall not fail to meet the requirements for housing for older persons by reason of:

 

    (A) persons residing in such housing as of the date of enactment of this Act who do not meet the age requirements of subsections (2)(B) or (C):

Provided

    , That new occupants of such housing meet the age requirements of sections (2)(B) or (C); or

 

    (B) unoccupied units:

Provided

    , That such units are reserved for occupancy by persons who meet the age requirements of subsections (2)(B) or (C).

 

    (4) Nothing in this title prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802).

 

    (5)
    (A) A person shall not be held personally liable for monetary damages for a violation of this title if such person reasonably relied, in good faith, on the application of the exemption under this subsection relating to housing for older persons.

 

    (B) For the purposes of this paragraph, a person may only show good faith reliance on the application of the exemption by showing that–

 

    (i) such person has no actual knowledge that the facility or community is not, or will not be, eligible for such exemption; and

 

    (ii) the facility or community has stated formally, in writing, that the facility or community complies with the requirements for such exemption.

Sec. 808. [42 U.S.C. 3608] Administration

    (a) Authority and responsibility

 

    The authority and responsibility for administering this Act shall be in the Secretary of Housing and Urban Development.

 

    (b) Assistant Secretary

 

    The Department of Housing and Urban Development shall be provided an additional Assistant Secretary.

 

    (c) Delegation of authority; appointment of administrative law judges; location of conciliation meetings; administrative review

 

    The Secretary may delegate any of his functions, duties and power to employees of the Department of Housing and Urban Development or to boards of such employees, including functions, duties, and powers with respect to investigating, conciliating, hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter under this subchapter. The person to whom such delegations are made with respect to hearing functions, duties, and powers shall be appointed and shall serve in the Department of Housing and Urban Development in compliance with sections 3105, 3344, 5372, and 7521 of title 5 [of the United States Code]. Insofar as possible, conciliation meetings shall be held in the cities or other localities where the discriminatory housing practices allegedly occurred. The Secretary shall by rule prescribe such rights of appeal from the decisions of his administrative law judges to other administrative law judges or to other officers in the Department, to boards of officers or to himself, as shall be appropriate and in accordance with law.

 

    (d) Cooperation of Secretary and executive departments and agencies in administration of housing and urban development programs and activities to further fair housing purposes

 

    All executive departments and agencies shall administer their programs and activities relating to housing and urban development (including any Federal agency having regulatory or supervisory authority over financial institutions) in a manner affirmatively to further the purposes of this subchapter and shall cooperate with the Secretary to further such purposes.

 

    (e) Functions of Secretary

 

    The Secretary of Housing and Urban Development shall–

 

    (1) make studies with respect to the nature and extent of discriminatory housing practices in representative communities, urban, suburban, and rural, throughout the United States;

 

    (2) publish and disseminate reports, recommendations, and information derived from such studies, including an annual report to the Congress–

 

    (A) specifying the nature and extent of progress made nationally in eliminating discriminatory housing practices and furthering the purposes of this title, obstacles remaining to achieving equal housing opportunity, and recommendations for further legislative or executive action; and

 

    (B) containing tabulations of the number of instances (and the reasons therefor) in the preceding year in which–

 

    (i) investigations are not completed as required by section 810(a)(1)(B);

 

    (ii) determinations are not made within the time specified in section 810(g); and

 

    (iii) hearings are not commenced or findings and conclusions are not made as required by section 812(g);

 

    (3) cooperate with and render technical assistance to Federal, State, local, and other public or private agencies, organizations, and institutions which are formulating or carrying on programs to prevent or eliminate discriminatory housing practices;

 

    (4) cooperate with and render such technical and other assistance to the Community Relations Service as may be appropriate to further its activities in preventing or eliminating discriminatory housing practices;

 

    (5) administer the programs and activities relating to housing and urban development in a manner affirmatively to further the policies of this subchapter; and

 

    (6) annually report to the Congress, and make available to the public, data on the race, color, religion, sex, national origin, age, handicap, and family characteristics of persons and households who are applicants for, participants in, or beneficiaries or potential beneficiaries of, programs administered by the Department to the extent such characteristics are within the coverage of the provisions of law and Executive orders referred to in subsection (f) which apply to such programs (and in order to develop the data to be included and made available to the public under this subsection, the Secretary shall, without regard to any other provision of law, collect such information relating to those characteristics as the Secretary determines to be necessary or appropriate).

 

    (f) The provisions of law and Executive orders to which subsection (e)(6) applies are–

 

    (1) title VI of the Civil Rights Act of 1964;

 

    (2) title VIII of the Civil Rights Act of 1968;

 

    (3) section 504 of the Rehabilitation Act of 1973;

 

    (4) the Age Discrimination Act of 1975;

 

    (5) the Equal Credit Opportunity Act;

 

    (6) section 1978 of the Revised Statutes (42 U.S.C. 1982);

 

    (7) section 8(a) of the Small Business Act;

 

    (8) section 527 of the National Housing Act;

 

    (9) section 109 of the Housing and Community Development Act of 1974;

 

    (10) section 3 of the Housing and Urban Development Act of 1968;

 

    (11) Executive Orders 11063, 11246, 11625, 12250, 12259, and 12432; and

 

    (12) any other provision of law which the Secretary specifies by publication in the Federal Register for the purpose of this subsection.

Sec. 808a. [42 U.S.C. 3608a] Collection of certain data

    (a) In general

 

    To assess the extent of compliance with Federal fair housing requirements (including the requirements established under title VI of Public Law 88-352 [42 U.S.C.A. {2000d et seq.] and title VIII of Public Law 90-284 [42 U.S.C.A. {3601 et seq.]), the Secretary of Housing and Urban Development and the Secretary of Agriculture shall each collect, not less than annually, data on the racial and ethnic characteristics of persons eligible for, assisted, or otherwise benefiting under each community development, housing assistance, and mortgage and loan insurance and guarantee program administered by such Secretary. Such data shall be collected on a building by building basis if the Secretary involved determines such collection to be appropriate.

 

    (b) Reports to Congress

 

    The Secretary of Housing and Urban Development and the Secretary of Agriculture shall each include in the annual report of such Secretary to the Congress a summary and evaluation of the data collected by such Secretary under subsection (a) of this section during the preceding year.

Sec. 809. [42 U.S.C. 3609] Education and conciliation; conferences and consultations; reports
Immediately after April 11, 1968, the Secretary shall commence such educational and conciliatory activities as in his judgment will further the purposes of this subchapter. He shall call conferences of persons in the housing industry and other interested parties to acquaint them with the provisions of this subchapter and his suggested means of implementing it, and shall endeavor with their advice to work out programs of voluntary compliance and of enforcement. He may pay per diem, travel, and transportation expenses for persons attending such conferences as provided in section 5703 of Title 5. He shall consult with State and local officials and other interested parties to learn the extent, if any, to which housing discrimination exists in their State or locality, and whether and how State or local enforcement programs might be utilized to combat such discrimination in connection with or in place of, the Secretary’s enforcement of this subchapter. The Secretary shall issue reports on such conferences and consultations as he deems appropriate.
Sec. 810. [42 U.S.C. 3610] Administrative Enforcement; Preliminary Matters

    (a) Complaints and Answers. –
    (1)
    (A)

 

    (i) An aggrieved person may, not later than

one year

    after an alleged discriminatory housing practice has occurred or terminated, file a complaint with the Secretary alleging such discriminatory housing practice. The Secretary, on the Secretary’s own initiative, may also file such a complaint.

 

    (ii) Such complaints shall be in writing and shall contain such information and be in such form as the Secretary requires.

 

    (iii) The Secretary may also investigate housing practices to determine whether a complaint should be brought under this section.

 

    (B) Upon the filing of such a complaint–

 

    (i) the Secretary shall serve notice upon the aggrieved person acknowledging such filing and advising the aggrieved person of the time limits and choice of forums provided under this title;

 

    (ii) the Secretary shall, not later than 10 days after such filing or the identification of an additional respondent under paragraph (2), serve on the respondent a notice identifying the alleged discriminatory housing practice and advising such respondent of the procedural rights and obligations of respondents under this title, together with a copy of the original complaint;

 

    (iii) each respondent may file, not later than 10 days after receipt of notice from the Secretary, an answer to such complaint; and

 

    (iv) the Secretary shall make an investigation of the alleged discriminatory housing practice and complete such investigation within

100 days

    after the filing of the complaint (or, when the Secretary takes further action under subsection (f)(2) with respect to a complaint, within 100 days after the commencement of such further action), unless it is impracticable to do so.

 

    (C) If the Secretary is unable to complete the investigation within 100 days after the filing of the complaint (or, when the Secretary takes further action under subsection (f)(2) with respect to a complaint, within 100 days after the commencement of such further action), the Secretary shall notify the complainant and respondent in writing of the reasons for not doing so.

 

    (D) Complaints and answers shall be under oath or affirmation, and may be reasonably and fairly amended at any time.

 

    (2)
    (A) A person who is not named as a respondent in a complaint, but who is identified as a respondent in the course of investigation, may be joined as an additional or substitute respondent upon written notice, under paragraph (1), to such person, from the Secretary.

 

    (B) Such notice, in addition to meeting the requirements of paragraph (1), shall explain the basis for the Secretary’s belief that the person to whom the notice is addressed is properly joined as a respondent.

 

    (b) Investigative Report and Conciliation. –
    (1) During the period beginning with the filing of such complaint and ending with the filing of a charge or a dismissal by the Secretary, the Secretary shall, to the extent feasible, engage in conciliation with respect to such complaint.

 

    (2) A conciliation agreement arising out of such conciliation shall be an agreement between the respondent and the complainant, and shall be subject to approval by the Secretary.

 

    (3) A conciliation agreement may provide for binding arbitration of the dispute arising from the complaint. Any such arbitration that results from a conciliation agreement may award appropriate relief, including monetary relief.

 

    (4) Each conciliation agreement shall be made public unless the complainant and respondent otherwise agree and the Secretary determines that disclosure is not required to further the purposes of this title.

 

    (5)
    (A) At the end of each investigation under this section, the Secretary shall prepare a final investigative report containing–

 

    (i) the names and dates of contacts with witnesses;

 

    (ii) a summary and the dates of correspondence and other contacts with the aggrieved person and the respondent;

 

    (iii) a summary description of other pertinent records;

 

    (iv) a summary of witness statements; and

 

    (v) answers to interrogatories.

 

    (B) A final report under this paragraph may be amended if additional evidence is later discovered.

 

    (c) Failure to Comply With Conciliation Agreement. — Whenever the Secretary has reasonable cause to believe that a respondent has

breach

    ed a conciliation agreement, the Secretary shall refer the matter to the Attorney General with a recommendation that a civil action be filed under section 814 for the enforcement of such agreement.

 

    (d) Prohibitions and Requirements With Respect to

Disclosure

    of Information. –
    (1) Nothing said or done in the course of conciliation under this title may be made public or used as evidence in a subsequent proceeding under this title without the written consent of the persons concerned.

 

    (2) Notwithstanding paragraph (1), the Secretary shall make available to the aggrieved person and the respondent, at any time, upon request following completion of the Secretary’s investigation, information derived from an investigation and any final investigative report relating to that investigation.

 

    (e)

Prompt Judicial Action

    . –
    (1) If the Secretary concludes at any time following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this title, the Secretary may authorize a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint under this section. Upon receipt of such authorization, the Attorney General shall promptly commence and maintain such an action. Any temporary restraining order or other order granting preliminary or temporary relief shall be issued in accordance with the Federal Rules of Civil Procedure. The commencement of a civil action under this subsection does not affect the initiation or continuation of administrative proceedings under this section and section 812 of this title.

 

    (2) Whenever the Secretary has reason to believe that a basis may exist for the commencement of proceedings against any respondent under section 814(a) and 814(c) or for proceedings by any governmental licensing or supervisory authorities, the Secretary shall transmit the information upon which such belief is based to the Attorney General, or to such authorities, as the case may be.

 

    (f) Referral for State or Local Proceedings. –
    (1) Whenever a complaint alleges a discriminatory housing practice–

 

    (A) within the jurisdiction of a State or local public agency; and

 

    (B) as to which such agency has been certified by the Secretary under this subsection; the Secretary shall refer such complaint to that certified agency before taking any action with respect to such complaint.

 

    (2) Except with the consent of such certified agency, the Secretary, after that referral is made, shall take no further action with respect to such complaint unless–

 

    (A) the certified agency has failed to commence proceedings with respect to the complaint before the end of the 30th day after the date of such referral;

 

    (B) the certified agency, having so commenced such proceedings, fails to carry forward such proceedings with reasonable promptness; or

 

    (C) the Secretary determines that the certified agency no longer qualifies for certification under this subsection with respect to the relevant jurisdiction.

 

    (3)
    (A) The Secretary may certify an agency under this subsection only if the Secretary determines that–

 

    (i) the substantive rights protected by such agency in the jurisdiction with respect to which certification is to be made;

 

    (ii) the procedures followed by such agency;

 

    (iii) the remedies available to such agency; and

 

    (iv) the availability of judicial review of such agency’s action;

 

    are substantially equivalent to those created by and under this title.

 

    (B) Before making such certification, the Secretary shall take into account the current practices and past performance, if any, of such agency.

 

    (4) During the period which begins on the date of the enactment of the Fair Housing Amendments Act of 1988 and ends 40 months after such date, each agency certified (including an agency certified for interim referrals pursuant to 24 CFR 115.11, unless such agency is subsequently denied recognition under 24 CFR 115.7) for the purposes of this title on the day before such date shall for the purposes of this subsection be considered certified under this subsection with respect to those matters for which such agency was certified on that date. If the Secretary determines in an individual case that an agency has not been able to meet the certification requirements within this 40-month period due to exceptional circumstances, such as the infrequency of legislative sessions in that jurisdiction, the Secretary may extend such period by not more than 8 months.

 

    (5) Not less frequently than every 5 years, the Secretary shall determine whether each agency certified under this subsection continues to qualify for certification. The Secretary shall take appropriate action with respect to any agency not so qualifying.

 

    (g) Reasonable Cause Determination and Effect. –

 

    (1) The Secretary shall, within 100 days after the filing of the complaint (or, when the Secretary takes further action under subsection (f)(2) with respect to a complaint, within 100 days after the commencement of such further action), determine based on the facts whether reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, unless it is impracticable to do so, or unless the Secretary has approved a conciliation agreement with respect to the complaint. If the Secretary is unable to make the determination within 100 days after the filing of the complaint (or, when the Secretary takes further action under subsection (f)(2) with respect to a complaint, within 100 days after the commencement of such further action), the Secretary shall notify the complainant and respondent in writing of the reasons for not doing so.

 

    (2)

 

    (A) If the Secretary determines that reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, the Secretary shall, except as provided in subparagraph (C), immediately issue a charge on behalf of the aggrieved person, for further proceedings under section 812.

 

    (B) Such charge–

 

    (i) shall consist of a short and plain statement of the facts upon which the Secretary has found reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur;

 

    (ii) shall be based on the final investigative report; and

 

    (iii) need not be limited to the facts or grounds alleged in the complaint filed under section 810(a).

 

    (C) If the Secretary determines that the matter involves the legality of any State or local

zoning

    or other land use law or ordinance, the Secretary shall immediately refer the matter to the Attorney General for appropriate action under section 814, instead of issuing such charge.

 

    (3) If the Secretary determines that no reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, the Secretary shall promptly dismiss the complaint. The Secretary shall make public disclosure of each such dismissal.

 

    (4) The Secretary may

not issue a charge

    under this section regarding an alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved party under an Act of Congress or a State law, seeking relief with respect to that discriminatory housing practice.

 

    (h) Service of Copies of Charge. — After the Secretary issues a charge under this section, the Secretary shall cause a copy thereof, together with information as to how to make an election under section 812(a) and the effect of such an election, to be served–

 

    (1) on each respondent named in such charge, together with a notice of opportunity for a hearing at a time and place specified in the notice, unless that election is made; and

 

    (2) on each aggrieved person on whose behalf the complaint was filed.

Sec. 811. [42 U.S.C. 3611] Subpoenas; Giving of Evidence

    (a) In General. — The Secretary may, in accordance with this subsection, issue subpoenas and order discovery in aid of investigations and hearings under this title. Such subpoenas and discovery may be ordered to the same extent and subject to the same limitations as would apply if the subpoenas or discovery were ordered or served in aid of a civil action in the United States district court for the district in which the investigation is taking place.

 

    (b) Witness Fees. — Witnesses summoned by a subpoena under this title shall be entitled to same witness and mileage fees as witnesses in proceedings in United States district courts. Fees payable to a witness summoned by a subpoena issued at the request of a party shall be paid by that party or, where a party is unable to pay the fees, by the Secretary.

 

    (c) Criminal Penalties. –

 

    (1) Any person who willfully fails or neglects to attend and testify or to answer any lawful inquiry or to produce records, documents, or other evidence, if it is in such person’s power to do so, in obedience to the subpoena or other lawful order under subsection (a), shall be fined not more than $100,000 or imprisoned not more than one year, or both.

 

    (2) Any person who, with intent thereby to mislead another person in any proceeding under this title–

 

    (A) makes or causes to be made any false entry or statement of fact in any report, account, record, or other document produced pursuant to subpoena or other lawful order under subsection (a);

 

    (B) willfully neglects or fails to make or to cause to be made full, true, and correct entries in such reports, accounts, records, or other documents; or

 

    (C) willfully mutilates, alters, or by any other means falsifies any documentary evidence;

 

    shall be fined not more than $100,000 or imprisoned not more than one year, or both.

Sec. 812. [42 U.S.C. 3612] Enforcement by Secretary

    (a)

Election

    of Judicial Determination. — When a charge is filed under section 810, a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed, may elect to have the claims asserted in that charge decided in a civil action under subsection (o) in lieu of a hearing under subsection (b). The election must be made not later than 20 days after the receipt by the electing person of service under section 810(h) or, in the case of the Secretary, not later than 20 days after such service. The person making such election shall give notice of doing so to the Secretary and to all other complainants and respondents to whom the charge relates.

 

    (b) Administrative Law Judge Hearing in Absence of Election. — If an election is not made under subsection (a) with respect to a charge filed under section 810, the Secretary shall provide an opportunity for a hearing on the record with respect to a charge issued under section 810. The Secretary shall delegate the conduct of a hearing under this section to an administrative law judge appointed under section 3105 of title 5, United States Code. The administrative law judge shall conduct the hearing at a place in the vicinity in which the discriminatory housing practice is alleged to have occurred or to be about to occur.

 

    (c) Rights of Parties. — At a hearing under this section, each party may appear in person, be represented by counsel, present evidence, cross-examine witnesses, and obtain the issuance of subpoenas under section 811. Any aggrieved person may intervene as a party in the proceeding. The Federal Rules of Evidence apply to the presentation of evidence in such hearing as they would in a civil action in a United States district court.

 

    (d) Expedited Discovery and Hearing. –

 

    (1) Discovery in administrative proceedings under this section shall be conducted as expeditiously and inexpensively as possible, consistent with the need of all parties to obtain relevant evidence.

 

    (2) A hearing under this section shall be conducted as expeditiously and inexpensively as possible, consistent with the needs and rights of the parties to obtain a fair hearing and a complete record.

 

    (3) The Secretary shall, not later than 180 days after the date of enactment of this subsection, issue rules to implement this subsection.

 

    (e) Resolution of Charge. — Any resolution of a charge before a final order under this section shall require the consent of the aggrieved person on whose behalf the charge is issued.

 

    (f) Effect of

Trial

    of Civil Action on Administrative Proceedings. — An administrative law judge may not continue administrative proceedings under this section regarding any alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved party under an Act of Congress or a State law, seeking relief with respect to that discriminatory housing practice.

 

    (g) Hearings, Findings and Conclusions, and Order. — (

 

    (1) The administrative law judge shall commence the hearing under this section no later than 120 days following the issuance of the charge, unless it is impracticable to do so. If the administrative law judge is unable to commence the hearing within 120 days after the issuance of the charge, the administrative law judge shall notify the Secretary, the aggrieved person on whose behalf the charge was filed, and the respondent, in writing of the reasons for not doing so.

 

    (2) The administrative law judge shall make findings of fact and conclusions of law within 60 days after the end of the hearing under this section, unless it is impracticable to do so. If the administrative law judge is unable to make findings of fact and conclusions of law within such period, or any succeeding 60-day period thereafter, the administrative law judge shall notify the Secretary, the aggrieved person on whose behalf the charge was filed, and the respondent, in writing of the reasons for not doing so.

 

    (3) If the administrative law judge finds that a respondent has engaged or is about to engage in a discriminatory housing practice, such administrative law judge shall promptly issue an order for such relief as may be appropriate, which may include actual damages suffered by the aggrieved person and injunctive or other equitable relief. Such order may, to vindicate the public interest, assess a

civil penalty

    against the respondent–

 

    (A) in an amount not exceeding $11,000 if the respondent has not been adjudged to have committed any prior discriminatory housing practice;

 

    (B) in an amount not exceeding $27,500 if the respondent has been adjudged to have committed one other discriminatory housing practice during the 5-year period ending on the date of the filing of this charge; and

 

    (C) in an amount not exceeding $55,000 if the respondent has been adjudged to have committed 2 or more discriminatory housing practices during the 7-year period ending on the date of the filing of this charge;

 

    except that if the acts constituting the discriminatory housing practice that is the object of the charge are committed by the same natural person who has been previously adjudged to have committed acts constituting a discriminatory housing practice, then the civil penalties set forth in subparagraphs (B) and (C) may be imposed without regard to the period of time within which any subsequent discriminatory housing practice occurred.

 

    (4) No such order shall affect any contract, sale, encumbrance, or lease consummated before the issuance of such order and involving a

bona fide purchaser

    , encumbrancer, or tenant without actual notice of the charge filed under this title.

 

    (5) In the case of an order with respect to a discriminatory housing practice that occurred in the course of a business subject to a licensing or regulation by a governmental agency, the Secretary shall, not later than 30 days after the date of the issuance of such order (or, if such order is judicially reviewed, 30 days after such order is in substance affirmed upon such review)–

 

    (A) send copies of the findings of fact, conclusions of law, and the order, to that governmental agency; and

 

    (B) recommend to that governmental agency appropriate disciplinary action (including, where appropriate, the suspension or revocation of the license of the respondent).

 

    (6) In the case of an order against a respondent against whom another order was issued within the preceding 5 years under this section, the Secretary shall send a copy of each such order to the Attorney General.

 

    (7) If the administrative law judge finds that the respondent has not engaged or is not about to engage in a discriminatory housing practice, as the case may be, such administrative law judge shall enter an order dismissing the charge. The Secretary shall make public disclosure of each such dismissal.

 

    (h) Review by Secretary; Service of Final Order. –

 

    (1) The Secretary may review any finding, conclusion, or order issued under subsection (g). Such review shall be completed not later than 30 days after the finding, conclusion, or order is so issued; otherwise the finding, conclusion, or order becomes final.

 

    (2) The Secretary shall cause the findings of fact and conclusions of law made with respect to any final order for relief under this section, together with a copy of such order, to be served on each aggrieved person and each respondent in the proceeding.

 

    (i) Judicial Review. –

 

    (1) Any party aggrieved by a final order for relief under this section granting or denying in whole or in part the relief sought may obtain a review of such order under chapter 158 of title 28, United States Code.

 

    (2) Notwithstanding such chapter, venue of the proceeding shall be in the judicial circuit in which the discriminatory housing practice is alleged to have occurred, and filing of the petition for review shall be not later than 30 days after the order is entered.

 

    (j) Court

Enforcement of Administrative Order

    Upon Petition by Secretary. –

 

    (1) The Secretary may petition any United States court of appeals for the circuit in which the discriminatory housing practice is alleged to have occurred or in which any respondent resides or transacts business for the enforcement of the order of the administrative law judge and for appropriate temporary relief or restraining order, by filing in such court a written petition praying that such order be enforced and for appropriate temporary relief or restraining order.

 

    (2) The Secretary shall file in court with the petition the record in the proceeding. A copy of such petition shall be forthwith transmitted by the clerk of the court to the parties to the proceeding before the administrative law judge.

 

    (k) Relief Which May Be Granted. –

 

    (1) Upon the filing of a petition under subsection (i) or (j), the court may–

 

    (A) grant to the petitioner, or any other party, such temporary relief, restraining order, or other order as the court deems just and proper;

 

    (B) affirm, modify, or set aside, in whole or in part, the order, or remand the order for further proceedings; and

 

    (C) enforce such order to the extent that such order is affirmed or modified.

 

    (2) Any party to the proceeding before the administrative law judge may intervene in the court of appeals.

 

    (3) No objection not made before the administrative law judge shall be considered by the court, unless the failure or neglect to urge such objection is excused because of extraordinary circumstances.

 

    (l) Enforcement Decree in Absence of Petition for Review. — If no petition for review is filed under subsection (i) before the expiration of 45 days after the date the administrative law judge’s order is entered, the administrative law judge’s findings of fact and order shall be conclusive in connection with any petition for enforcement–

 

    (1) which is filed by the Secretary under subsection (j) after the end of such day; or

 

    (2) under subsection (m).

 

    (m) Court Enforcement of Administrative Order Upon Petition of Any Person Entitled to Relief. — If before the expiration of 60 days after the date the administrative law judge’s order is entered, no petition for review has been filed under subsection (i), and the Secretary has not sought enforcement of the order under subsection (j), any person entitled to relief under the order may petition for a decree enforcing the order in the United States court of appeals for the circuit in which the discriminatory housing practice is alleged to have occurred.

 

    (n) Entry of Decree. — The clerk of the court of appeals in which a petition for enforcement is filed under subsection (1) or (m) shall forthwith enter a decree enforcing the order and shall transmit a copy of such decree to the Secretary, the respondent named in the petition, and to any other parties to the proceeding before the administrative law judge.

 

    (o) Civil Action for Enforcement When Election Is Made for Such Civil Action. –

 

    (1) If an election is made under subsection (a), the Secretary shall authorize, and not later than 30 days after the election is made the Attorney General shall commence and maintain, a civil action on behalf of the aggrieved person in a United States district court seeking relief under this subsection. Venue for such civil action shall be determined under chapter 87 of title 28, United States Code.

 

    (2)

Any

    aggrieved person with respect to the issues to be determined in a civil action under this subsection may intervene as of right in that civil action.

 

    (3) In a civil action under this subsection, if the court finds that a discriminatory housing practice has occurred or is about to occur, the court may grant as relief any relief which a court could grant with respect to such discriminatory housing practice in a civil action under section 813. Any relief so granted that would accrue to an aggrieved person in a civil action commenced by that aggrieved person under section 813 shall also accrue to that aggrieved person in a civil action under this subsection. If monetary relief is sought for the benefit of an aggrieved person who does not intervene in the civil action, the court shall not award such relief if that aggrieved person has not complied with discovery orders entered by the court.

 

    (p) Attorney’s Fees. — In any administrative proceeding brought under this section, or any court proceeding arising therefrom, or any civil action under section 812, the administrative law judge or the court, as the case may be, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee and costs. The United States shall be liable for such fees and costs to the extent provided by section 504 of title 5, United States Code, or by section 2412 of title 28, United States Code.

Sec. 813. [42 U.S.C. 3613] Enforcement by Private Persons

    (a) Civil Action. –

 

    (1)

 

    (A) An aggrieved person may commence a civil action in an appropriate United States district court or State court not later than

2 years

    after the occurrence or the termination of an alleged discriminatory housing practice, or the breach of a conciliation agreement entered into under this title, whichever occurs last, to obtain appropriate relief with respect to such discriminatory housing practice or breach.

(B)

    The computation of such 2-year period shall not include any time during which an administrative proceeding under this title was pending with respect to a complaint or charge under this title based upon such discriminatory housing practice. This subparagraph does not apply to actions arising from a breach of a conciliation agreement.

 

    (2) An aggrieved person may commence a civil action under this subsection whether or not a complaint has been filed under section 810(a) and without regard to the status of any such complaint, but if the Secretary or a State or local agency has obtained a conciliation agreement with the consent of an aggrieved person, no action may be filed under this subsection by such aggrieved person with respect to the alleged discriminatory housing practice which forms the basis for such complaint except for the purpose of enforcing the terms of such an agreement.

 

    (3) An aggrieved person

may not commence

    a civil action under this subsection with respect to an alleged discriminatory housing practice which forms the basis of a charge issued by the Secretary if an administrative law judge has commenced a hearing on the record under this title with respect to such charge.

 

    (b) Appointment of Attorney by Court. — Upon application by a person alleging a discriminatory housing practice or a person against whom such a practice is alleged, the court may–

 

    (1) appoint an attorney for such person; or

 

    (2) authorize the commencement or continuation of a civil action under subsection (a) without the payment of fees, costs, or security, if in the opinion of the court such person is financially unable to bear the costs of such action.

 

    (c) Relief Which May Be Granted. –

 

    (1) In a civil action under subsection (a), if the court finds that a discriminatory housing practice has occurred or is about to occur, the court may award to the plaintiff actual and punitive damages, and subject to subsection (d), may grant as relief, as the court deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from engaging in such practice or ordering such affirmative action as may be appropriate).

 

    (2) In a civil action under subsection (a), the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee and costs. The United States shall be liable for such fees and costs to the same extent as a private person.

 

    (d) Effect on Certain Sales, Encumbrances, and Rentals. — Relief granted under this section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of such relief and involving a

bona fide purchaser

    , encumbrancer, or tenant, without actual notice of the filing of a complaint with the Secretary or civil action under this title.

 

    (e)

Intervention

    by Attorney General. — Upon timely application, the Attorney General may intervene in such civil action, if the Attorney General certifies that the case is of general public importance. Upon such intervention the Attorney General may obtain such relief as would be available to the Attorney General under section 814(e) in a civil action to which such section applies.

Sec. 814. [42 U.S.C. 3614] Enforcement by the Attorney General

    (a) Pattern or Practice Cases. — Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by this title, or that any group of persons has been denied any of the rights granted by this title and such denial raises an issue of general public importance, the Attorney General may commence a civil action in any appropriate United States district court.

 

    (b) On Referral of Discriminatory Housing Practice or Conciliation Agreement for Enforcement. –

 

    (1)

 

    (A) The Attorney General may commence a civil action in any appropriate United States district court for appropriate relief with respect to a discriminatory housing practice referred to the Attorney General by the Secretary under section 810(g).

 

    (B) A civil action under this paragraph may be commenced not later than the expiration of

18 months

    after the date of the occurrence or the termination of the alleged discriminatory housing practice.

 

    (2)

 

    (A) The Attorney General may commence a civil action in any appropriate United States district court for appropriate relief with respect to

breach

    of a conciliation agreement referred to the Attorney General by the Secretary under section 810(c).

 

    (B) A civil action may be commenced under this paragraph not later than the expiration of 90 days after the referral of the alleged breach under section 810(c).

 

    (c) Enforcement of Subpoenas. — The Attorney General, on behalf of the Secretary, or other party at whose request a subpoena is issued, under this title, may enforce such subpoena in appropriate proceedings in the United States district court for the district in which the person to whom the subpoena was addressed resides, was served, or transacts business.

 

    (d) Relief Which May Be Granted in Civil Actions Under Subsections (a) and (b). –

 

    (1) In a civil action under subsection (a) or (b), the court–

 

    (A) may award such preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of this title as is necessary to assure the full enjoyment of the rights granted by this title;

 

    (B) may award such other relief as the court deems appropriate, including monetary damages to persons aggrieved; and

 

    (C) may, to vindicate the public interest, assess a

civil penalty

    against the respondent–

 

    (i) in an amount not exceeding $55,000, for a first violation; and

 

    (ii) in an amount not exceeding $110,000, for any subsequent violation.

 

    (2) In a civil action under this section, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee and costs. The United States shall be liable for such fees and costs to the extent provided by section 2412 of title 28, United States Code.

 

    (e)

Intervention

    in Civil Actions. — Upon timely application, any person may intervene in a civil action commenced by the Attorney General under subsection (a) or (b) which involves an alleged discriminatory housing practice with respect to which such person is an aggrieved person or a conciliation agreement to which such person is a party. The court may grant such appropriate relief to any such intervening party as is authorized to be granted to a plaintiff in a civil action under section 813.

Sec. 814a. Incentives for Self-Testing and Self-Correction

    (a) Privileged Information. –

 

    (1) Conditions For Privilege. — A report or result of a self-test (as that term is defined by regulation of the Secretary) shall be considered to be privileged under paragraph (2) if any person-

 

    (A) conducts, or authorizes an independent third party to conduct, a self- test of any aspect of a residential real estate related lending transaction of that person, or any part of that transaction, in order to determine the level or effectiveness of compliance with this title by that person; and

 

    (B) has identified any possible violation of this title by that person and has taken, or is taking, appropriate corrective action to address any such possible violation.

 

    (2) Privileged Self-Test. — If a person meets the conditions specified in subparagraphs (A) and (B) of paragraph (1) with respect to a self-test described in that paragraph, any report or results of that self-test-

 

    (A) shall be privileged; and

 

    (B) may not be obtained or used by any applicant, department, or agency in any –

 

    (i) proceeding or civil action in which one or more violations of this title are alleged; or

 

    (ii) examination or investigation relating to compliance with this title.

 

    (b) Results of Self-Testing. –

 

    (1) In General. — No provision of this section may be construed to prevent an aggrieved person, complainant, department, or agency from obtaining or using a report or results of any self-test in any proceeding or civil action in which a violation of this title is alleged, or in any examination or investigation of compliance with this title if –

 

    (A) the person to whom the self-test relates or any person with lawful access to the report or the results –

 

    (i) voluntarily releases or discloses all, or any part of, the report or results to the aggrieved person, complainant, department, or agency, or to the general public; or

 

    (ii) refers to or describes the report or results as a defense to charges of violations of this title against the person to whom the self-test relates; or

 

    (B) the report or results are sought in conjunction with an adjudication or admission of a violation of this title for the sole purpose of determining an appropriate penalty or remedy.

 

    (2) Disclosure for Determination of Penalty or Remedy. — Any report or results of a self-test that are disclosed for the purpose specified in paragraph (1)(B) –

 

    (A) shall be used only for the particular proceeding in which the adjudication or admission referred to in paragraph (1)(B) is made; and

 

    (B) may not be used in any other action or proceeding.

 

    (c) Adjudication. — An aggrieved person, complainant, department, or agency that challenges a privilege asserted under this section may seek a determination of the existence and application of that privilege in –

 

    (1) a court of competent jurisdiction; or

 

    (2) an administrative law proceeding with appropriate jurisdiction.

 

    (2) Regulations. –

 

    (A) In General. — Not later than 6 months after the date of enactment of this Act, in consultation with the Board and after providing notice and an opportunity for public comment, the Secretary of Housing and Urban Development shall prescribe final regulations to implement section 814A of the Fair Housing Act, as added by this section.

 

    (B) Self-Test. –

 

    (i) Definition. — The regulations prescribed by the Secretary under subparagraph (A) shall include a definition of the term “self-test” for purposes of section 814A of the Fair Housing Act, as added by this section.

 

    (ii) Requirement for Self-Test. — The regulations prescribed by the Secretary under subparagraph (A) shall specify that a self-test shall be sufficiently extensive to constitute a determination of the level and effectiveness of the compliance by a person engaged in residential real estate related lending activities with the Fair Housing Act.

 

    (iii) Substantial Similarity to Certain Equal Credit Opportunity Act Regulations. — The regulations prescribed under subparagraph (A) shall be substantially similar to the regulations prescribed by the Board to carry out section 704A of the Equal Credit Opportunity Act, as added by this section.

 

    (C) Applicability. –

 

    (1) In General. — Except as provided in paragraph (2), the privilege provided for in section 704a of the Equal Credit Opportunity Act or section 814a of the Fair Housing Act (as those sections are added by this section) shall apply to a self-test (as that term is defined pursuant to the regulations prescribed under subsection (a)(2) or (b)(2) of this section, as appropriate) conducted before, on, or after the effective date of the regulations prescribed under subsection (a)(2) or (b)(2), as appropriate.

 

    (2) Exception. — The privilege referred to in paragraph (1) does not apply to such a self-test conducted before the effective date of the regulations prescribed under subsection (a) or (b), as appropriate, if –

 

    (A) before that effective date, a complaint against the creditor or person engaged in residential real estate related lending activities (as the case may be) was –

 

    (i) formally filed in any court of competent jurisdiction; or

 

    (ii) the subject of an ongoing administrative law proceeding;

 

    (B) in the case of section 704a of the Equal Credit Opportunity Act, the creditor has waived the privilege pursuant to subsection (b)(1)(A)(i) of that section; or

 

    (C) in the case of section 814a of the Fair Housing Act, the person engaged in residential real estate related lending activities has waived the privilege pursuant to subsection (b)(1)(A)(i) of that section.

Sec. 815. [42 U.S.C. 3614a] Rules to Implement Title
The Secretary may make rules (including rules for the collection, maintenance, and analysis of appropriate data) to carry out this title. The Secretary shall give public notice and opportunity for comment with respect to all rules made under this section.
Sec. 816. [42 U.S.C. 3615] Effect on State laws
Nothing in this subchapter shall be constructed to invalidate or limit any law of a State or political subdivision of a State, or of any other jurisdiction in which this subchapter shall be effective, that grants, guarantees, or protects the same rights as are granted by this subchapter; but any law of a State, a political subdivision, or other such jurisdiction that purports to require or permit any action that would be a discriminatory housing practice under this subchapter shall to that extent be invalid.
Sec. 817. [42 U.S.C. 3616] Cooperation with State and local agencies administering fair housing laws; utilization of services and personnel; reimbursement; written agreements; publication in
Federal Register
The Secretary may cooperate with State and local agencies charged with the administration of State and local fair housing laws and, with the consent of such agencies, utilize the services of such agencies and their employees and, notwithstanding any other provision of law, may reimburse such agencies and their employees for services rendered to assist him in carrying out this subchapter. In furtherance of such cooperative efforts, the Secretary may enter into written agreements with such State or local agencies. All agreements and terminations thereof shall be published in the Federal Register.
Sec. 818. [42 U.S.C. 3617] Interference, coercion, or intimidation; enforcement by civil action
It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by section 803, 804, 805, or 806 of this title.
Sec. 819. [42 U.S.C. 3618] Authorization of appropriations
There are hereby authorized to be appropriated such sums as are necessary to carry out the purposes of this subchapter.
Sec. 820. [42 U.S.C. 3619] Separability of provisions
If any provision of this subchapter or the application thereof to any person or circumstances is held invalid, the remainder of the subchapter and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby.
(Sec. 12 of 1988 Act). [42 U.S.C. 3601 note] Disclaimer of Preemptive Effect on Other Acts
Nothing in the Fair Housing Act as amended by this Act limits any right, procedure, or remedy available under the Constitution or any other Act of the Congress not so amended.
(Sec. 13 of 1988 Act). [42 U.S.C. 3601 note] Effective Date and Initial Rulemaking

    (a) Effective Date. — This Act and the amendments made by this Act shall take effect on the 180th day beginning after the date of the enactment of this Act.

 

    (b) Initial Rulemaking. — In consultation with other appropriate Federal agencies, the Secretary shall, not later than the 180th day after the date of the enactment of this Act, issue rules to implement title VIII as amended by this Act. The Secretary shall give public notice and opportunity for comment with respect to such rules.

(Sec. 14 of 1988 Act). [42 U.S.C. 3601 note] Separability of Provisions
If any provision of this Act or the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby.
Section 901. (Title IX As Amended) [42 U.S.C. 3631] Violations; bodily injury; death; penalties
Whoever, whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with–

    (a) any person because of his race, color, religion, sex, handicap (as such term is defined in section 802 of this Act), familial status (as such term is defined in section 802 of this Act), or national origin and because he is or has been selling, purchasing, renting, financing occupying, or contracting or negotiating for the sale, purchase, rental, financing or occupation of any dwelling, or applying for or participating in any service, organization, or facility relating to the business of selling or renting dwellings; or

 

    (b) any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from–

 

    (1) participating, without discrimination on account of race, color, religion, sex, handicap (as such term is defined in section 802 of this Act), familial status (as such term is defined in section 802 of this Act), or national origin, in any of the activities, services, organizations or facilities described in subsection(a) of this section; or

 

    (2) affording another person or class of persons opportunity or protection so to participate; or

 

    (c) any citizen because he is or has been, or in order to discourage such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, handicap (as such term is defined in section 802 of this Act), familial status (as such term is defined in section 802 of this Act), or national origin, in any of the activities, services, organizations or facilities described in subsection (a) of this section, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate–

 

    shall be fined not more than $1,000, or imprisoned not more than one year, or both; and if bodily injury results shall be fined not more than $10,000, or imprisoned not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life.

 

Religious Land Use and Institutionalized Persons Act (RLUIPA)

Antique-Patriotic-Eagle-Image-GraphicsFairy

 

Among other privileges, RLUIPA allows religious groups to work around local zoning codes to construct what they need. All across the nation, religious groups are challenging local residential zoning regulations to build churches, synagogues, soup kitchens, daycare centers, schools and other structures associated with their Spiritual and Religious Organizations.

4

U.S. Department of Justice
Civil Rights Division
A Guide To Federal Religious Land Use Protections
The Religious Land Use and Institutionalized Persons Act (RLUIPA)
protects religious institutions from unduly burdensome or discriminatory land use regulations. The law was passed unanimously by Congress in 2000, after hearings in which Congress found that houses of worship, particularly those of minority religions and start-up churches, were
disproportionately affected, and in fact often were actively discriminated against, by local land use decisions. Congress also found that, as a whole, religious institutions were treated worse than comparable secular institutions. Congress further found that zoning authorities frequently
were placing excessive burdens on the ability of congregations to exercise their faiths in violation of the Constitution.
In response, Congress enacted RLUIPA. This new law provides a number of important protections for the religious freedom of persons, houses of worship, and religious schools. The full text of RLUIPA is available at http://www.usdoj.gov/crt/housing/housing_rluipa.htm. Below is a summary of the law’s key provisions, with illustrations of the types of cases that may violate the law.

dcefb60ac1556dbfa563ceae2f87fe3f⊕ RLUIPA prevents infringement of religious exercise.
Land use regulations frequently can impede the ability of churches or other religious institutions to carry out their mission of serving the religious needs of their members. Section 2(a) of RLUIPA thus bars zoning restrictions that impose a “substantial burden” on the religious exercise of a person or institution, unless the government can show that it has a “compelling interest” for imposing the restriction and that the restriction is the least restrictive way for the government to further that interest.
Minor costs or inconveniences imposed on religious institutions are insufficient to trigger RLUIPA’s protections. The burden must be “substantial.” And, likewise, once the institution has shown a substantial burden on its religious exercise, the government must show not merely
that it has a rational reason for imposing the restriction, but must show that the reason is “compelling.” stock-illustration-15495289-early-american-advertising-antique-woodblock-illustrations

A church applies for a variance to build a modest addition to its building for Sunday school classes. Despite the church demonstrating that the addition is critical to carrying out its religious mission, that there is adequate space on the lot, and that there would be a negligible impact on traffic and congestion in the area, the city denies the variance.
A Jewish congregation that has been meeting in various rented spaces that have proven inadequate for the religious needs of its growing membership purchases land and seeks to build a synagogue. The town council denies the permit, and the only reason given is “we have enough houses of worship in this town already, and want more businesses.”
Because the religious organizations in these cases have demonstrated a substantial burden on their religious exercise, and the justification offered by the city in both cases is not compelling, these cases likely would be violations of RLUIPA, assuming certain jurisdictional requirements
of the statute are met.

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⊕ Religious institutions must be treated as well as comparable secular institutions.
Section 2(b)(1) of RLUIPA provides that religious assemblies and institutions must be treated at least as well as nonreligious assemblies and institutions. This is known as the “equal terms” provision of RLUIPA.
A mosque leases space in a storefront, but zoning officials deny an occupancy permit since houses of worship are forbidden in that zone. However, fraternal organizations, meeting halls, and place of assembly are all permitted as of right in the same zone. Because the statute on its face favors non-religious places of assembly over religious assemblies, this example would be a violation of 2(b)(1).
⊕ RLUIPA bars discrimination among religions.
Section 2(b)(2) of RLUIPA bars discrimination “against any assembly or institution on the basis of religion or religious denomination.”
A Hindu congregation is denied a building permit despite meeting all of the requirements for height, setback, and parking required by the zoning code. The zoning administrator is overheard making a disparaging remark about Hindus. If it were proven that the permit was denied because the applicants were Hindu, this would
constitute a violation of 2(b)(2).
⊕ Zoning ordinances may not totally exclude religious assemblies.
Section 2(b)(3)(A) of RLUIPA provides: “No government shall impose or implement a land use regulation that totally excludes religious assemblies from a jurisdiction.”
A town, seeking to preserve tax revenues, enacts a law that no new churches or other houses of worship will be permitted.
Such total exclusions of religious assemblies are explicitly forbidden by section 2(b)(3)(A).
⊕ RLUIPA forbids laws that unreasonably limit houses of worship.

Section 2(b)(3)(B) of RLUIPA provides: “No government shall impose or implement a land use regulation that unreasonably limits religious assemblies, institutions, or structures within a jurisdiction.”

A city has no zones that permit houses of worship. The only way a church may be built is by having an individual parcel rezoned, a process which in that city takes several years and is extremely expensive. This zoning scheme, if proven to be an unreasonable limitation on houses of worship, would constitute a violation of section 2(b)(3)(B).

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Enforcement of RLUIPA Rights
Religious institutions and individuals whose rights under RLUIPA are violated may bring a private civil action for injunctive relief and damages. The Department of Justice also can investigate alleged RLUIPA violations and bring a lawsuit to enforce the statute. The Department can obtain injunctive, but not monetary, relief. If you believe that your rights under RLUIPA may have been violated and you wish to file a complaint or find out more information about the law, you may write to:

Housing and Civil Enforcement Section
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Ave., N.W.
Washington, D.C. 20530

or call the Housing and Civil Enforcement Section at

(800) 896-7743. Further information about
RLUIPA is available at the Section website at http://www.usdoj.gov/crt/housing/index.html.
Information about the Civil Rights Division’s religious liberties initiative, the First Freedom
Project, is available at www.FirstFreedom.gov. You also may call the Special Counsel for
Religious Discrimination at (202) 353-8622.

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42 U.S. Code Chapter 21C

§ 2000cc. Protection of land use as religious exercise

(a) Substantial burdens

(1) General rule

No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on that person, assembly, or institution—
(A) is in furtherance of a compelling governmental interest; and
(B) is the least restrictive means of furthering that compelling governmental interest.
(2) Scope of application

This subsection applies in any case in which—
(A) the substantial burden is imposed in a program or activity that receives Federal financial assistance, even if the burden results from a rule of general applicability;
(B) the substantial burden affects, or removal of that substantial burden would affect, commerce with foreign nations, among the several States, or with Indian tribes, even if the burden results from a rule of general applicability; or
(C) the substantial burden is imposed in the implementation of a land use regulation or system of land use regulations, under which a government makes, or has in place formal or informal procedures or practices that permit the government to make, individualized assessments of the proposed uses for the property involved.

(b) Discrimination and exclusion

(1) Equal terms

No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution.

(2) Nondiscrimination

No government shall impose or implement a land use regulation that discriminates against any assembly or institution on the basis of religion or religious denomination.

(3) Exclusions and limits

No government shall impose or implement a land use regulation that—

(A) totally excludes religious assemblies from a jurisdiction; or

(B) unreasonably limits religious assemblies, institutions, or structures within a jurisdiction.

Source

(Pub. L. 106–274, § 2,Sept. 22, 2000, 114 Stat. 803.)

Short Title

Pub. L. 106–274, § 1,Sept. 22, 2000, 114 Stat. 803, provided that: “This Act [enacting this chapter and amending sections 1988, 2000bb–2 and 2000bb–3 of this title] may be cited as the ‘Religious Land Use and Institutionalized Persons Act of 2000’ ”.

 stock-illustration-13883777-american-eagle-early-woodblock-illustrations

§ 2000cc-1. Protection of religious exercise of institutionalized persons

(a) General rule

No government shall impose a substantial burden on the religious exercise of a person residing in or confined to an institution, as defined in section 1997 of this title, even if the burden results from a rule of general applicability, unless the government demonstrates that imposition of the burden on that person—
(1) is in furtherance of a compelling governmental interest; and
(2) is the least restrictive means of furthering that compelling governmental interest.

(b) Scope of application

This section applies in any case in which—

(1) the substantial burden is imposed in a program or activity that receives Federal financial assistance; or

(2) the substantial burden affects, or removal of that substantial burden would affect, commerce with foreign nations, among the several States, or with Indian tribes.

 

Source

(Pub. L. 106–274, § 3,Sept. 22, 2000, 114 Stat. 804.)

 Antique-Patriotic-Eagle-Image-GraphicsFairy

§ 2000cc-2. Judicial relief

(a) Cause of action

A person may assert a violation of this chapter as a claim or defense in a judicial proceeding and obtain appropriate relief against a government. Standing to assert a claim or defense under this section shall be governed by the general rules of standing under article III of the Constitution.

(b) Burden of persuasion

If a plaintiff produces prima facie evidence to support a claim alleging a violation of the Free Exercise Clause or a violation of section 2000cc of this title, the government shall bear the burden of persuasion on any element of the claim, except that the plaintiff shall bear the burden of persuasion on whether the law (including a regulation) or government practice that is challenged by the claim substantially burdens the plaintiff’s exercise of religion.

(c) Full faith and credit

Adjudication of a claim of a violation of section 2000cc of this title in a non-Federal forum shall not be entitled to full faith and credit in a Federal court unless the claimant had a full and fair adjudication of that claim in the non-Federal forum.

(d) Omitted

(e) Prisoners

Nothing in this chapter shall be construed to amend or repeal the Prison Litigation Reform Act of 1995 (including provisions of law amended by that Act).

(f) Authority of United States to enforce this chapter

The United States may bring an action for injunctive or declaratory relief to enforce compliance with this chapter. Nothing in this subsection shall be construed to deny, impair, or otherwise affect any right or authority of the Attorney General, the United States, or any agency, officer, or employee of the United States, acting under any law other than this subsection, to institute or intervene in any proceeding.

(g) Limitation

If the only jurisdictional basis for applying a provision of this chapter is a claim that a substantial burden by a government on religious exercise affects, or that removal of that substantial burden would affect, commerce with foreign nations, among the several States, or with Indian tribes, the provision shall not apply if the government demonstrates that all substantial burdens on, or the removal of all substantial burdens from, similar religious exercise throughout the Nation would not lead in the aggregate to a substantial effect on commerce with foreign nations, among the several States, or with Indian tribes.

 

Source

(Pub. L. 106–274, § 4,Sept. 22, 2000, 114 Stat. 804.)

References in Text
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 106–274, Sept. 22, 2000, 114 Stat. 803, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2000cc of this title and Tables.
The Prison Litigation Reform Act of 1995, referred to in subsec. (e), is Pub. L. 104–134, title I, § 101(a) [title VIII], Apr. 26, 1996, 110 Stat. 1321, 1321–66, as amended. For complete classification of this Act to the Code, see Short Title of 1996 Amendment note set out under section 3601 of Title 18, Crimes and Criminal Procedure, and Tables.
Codification
Section is comprised of section 4 ofPub. L. 106–274. Subsec. (d) ofsection 4 of Pub. L. 106–274amended section 1988 (b) of this title.

 

Jamestown, America's first Property Owners Association.

Jamestown, America’s first Property Owners Association.

§ 2000cc-3. Rules of construction

(a) Religious belief unaffected

Nothing in this chapter shall be construed to authorize any government to burden any religious belief.

(b) Religious exercise not regulated

Nothing in this chapter shall create any basis for restricting or burdening religious exercise or for claims against a religious organization including any religiously affiliated school or university, not acting under color of law.

(c) Claims to funding unaffected

Nothing in this chapter shall create or preclude a right of any religious organization to receive funding or other assistance from a government, or of any person to receive government funding for a religious activity, but this chapter may require a government to incur expenses in its own operations to avoid imposing a substantial burden on religious exercise.

(d) Other authority to impose conditions on funding unaffected

Nothing in this chapter shall—
(1) authorize a government to regulate or affect, directly or indirectly, the activities or policies of a person other than a government as a condition of receiving funding or other assistance; or
(2) restrict any authority that may exist under other law to so regulate or affect, except as provided in this chapter.

(e) Governmental discretion in alleviating burdens on religious exercise

A government may avoid the preemptive force of any provision of this chapter by changing the policy or practice that results in a substantial burden on religious exercise, by retaining the policy or practice and exempting the substantially burdened religious exercise, by providing exemptions from the policy or practice for applications that substantially burden religious exercise, or by any other means that eliminates the substantial burden.

(f) Effect on other law

With respect to a claim brought under this chapter, proof that a substantial burden on a person’s religious exercise affects, or removal of that burden would affect, commerce with foreign nations, among the several States, or with Indian tribes, shall not establish any inference or presumption that Congress intends that any religious exercise is, or is not, subject to any law other than this chapter.

(g) Broad construction

This chapter shall be construed in favor of a broad protection of religious exercise, to the maximum extent permitted by the terms of this chapter and the Constitution.

(h) No preemption or repeal

Nothing in this chapter shall be construed to preempt State law, or repeal Federal law, that is equally as protective of religious exercise as, or more protective of religious exercise than, this chapter.

(i) Severability

If any provision of this chapter or of an amendment made by this chapter, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this chapter, the amendments made by this chapter, and the application of the provision to any other person or circumstance shall not be affected.

Source

(Pub. L. 106–274, § 5,Sept. 22, 2000, 114 Stat. 805.)

References in Text
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 106–274, Sept. 22, 2000, 114 Stat. 803, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2000cc of this title and Tables.

 

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 § 2000cc-4. Establishment Clause unaffected

Nothing in this chapter shall be construed to affect, interpret, or in any way address that portion of the first amendment to the Constitution prohibiting laws respecting an establishment of religion (referred to in this section as the “Establishment Clause”). Granting government funding, benefits, or exemptions, to the extent permissible under the Establishment Clause, shall not constitute a violation of this chapter. In this section, the term “granting”, used with respect to government funding, benefits, or exemptions, does not include the denial of government funding, benefits, or exemptions.

Source

(Pub. L. 106–274, § 6,Sept. 22, 2000, 114 Stat. 806.)

References in Text

 

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 106–274, Sept. 22, 2000, 114 Stat. 803, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2000cc of this title and Tables.
stock-illustration-15495289-early-american-advertising-antique-woodblock-illustrations

§ 2000cc-5. Definitions

In this chapter:

(1) Claimant

The term “claimant” means a person raising a claim or defense under this chapter.

(2) Demonstrates

The term “demonstrates” means meets the burdens of going forward with the evidence and of persuasion.

(3) Free Exercise Clause

The term “Free Exercise Clause” means that portion of the first amendment to the Constitution that proscribes laws prohibiting the free exercise of religion.

(4) Government

The term “government”—
(A) means—

(i) a State, county, municipality, or other governmental entity created under the authority of a State;
(ii) any branch, department, agency, instrumentality, or official of an entity listed in clause (i); and
(iii) any other person acting under color of State law; and
(B) for the purposes of sections 2000cc–2 (b) and 2000cc–3 of this title, includes the United States, a branch, department, agency, instrumentality, or official of the United States, and any other person acting under color of Federal law.

(5) Land use regulation

The term “land use regulation” means a zoning or landmarking law, or the application of such a law, that limits or restricts a claimant’s use or development of land (including a structure affixed to land), if the claimant has an ownership, leasehold, easement, servitude, or other property interest in the regulated land or a contract or option to acquire such an interest.

(6) Program or activity

The term “program or activity” means all of the operations of any entity as described in paragraph (1) or (2) of section 2000d–4a of this title.

(7) Religious exercise

(A) In general

The term “religious exercise” includes any exercise of religion, whether or not compelled by, or central to, a system of religious belief.

(B) Rule

The use, building, or conversion of real property for the purpose of religious exercise shall be considered to be religious exercise of the person or entity that uses or intends to use the property for that purpose.

Source

(Pub. L. 106–274, § 8,Sept. 22, 2000, 114 Stat. 806.)

References in Text
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 106–274, Sept. 22, 2000, 114 Stat. 803, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2000cc of this title and Tables.

How some controversial cases wound up.

An unrecognized tribe and its eagle feathers

He was a Native American with eagle feathers at a religious gathering of tribes. But not in the eyes of the feds.

In 2006, Robert Soto and Michael Russell attended an American Indian powwow while in possession of eagle feathers, in violation of the federal Eagle Protection Act, which outlaws the killing of bald and golden eagles and even picking their feathers off the ground.

Soto, a Lipan Apache, asserted he was participating in an Indian religious ceremony. The feathers are sacred to Native Americans.

Lipan Apache Robert Soto saw his eagle feathers seized by U.S. agents. He cited a religious freedom law and eventually won their return, but he is still fighting the government on possible future seizures.

But a federal Fish and Wildlife Service agent found his tribe wasn’t federally recognized, and Soto surrendered his feathers. Russell, who is married to Soto’s sister, isn’t American Indian and agreed to pay a fine, according to court papers and the America Bar Association Journal.

Soto, however, petitioned the federal Interior Department to return his feathers. The feds said no, because he wasn’t from a recognized tribe.

Soto and Russell sued the federal government, but a federal district court ruled in favor of the government, rejecting the two men’s First Amendment assertions and their claims under the federal Religious Freedom Restoration Act, the same 1993 statute that Indiana legislators used in developing their new state law.

But last August, the 5th U.S. Circuit Court of Appeals reversed the trial court’s decision and sent the case back to that court after finding the government’s action would violate the federal RFRA.

On March 10, the federal government returned the eagle feathers to Soto. But the legal war isn’t over.

The federal government still maintains it can criminally prosecute Soto and his congregants, so Soto is seeking a preliminary injunction, claiming the feds are violating the federal RFRA, said Luke Goodrich, Soto’s attorney who’s with the Becket Fund for Religious Liberty.

A tea called hoasca

A tea used by a Brazilian faith is to them like wine used by Catholics at communion, but U.S. agents considered the brew an illegal drug.

The religious organization O Centro Espirita Beneficiente Uniao do Vegetal uses a sacramental tea called hoasca, made from two plants native to the Amazon that contains dimethyltryptamine, a hallucinogen, in violation of the Controlled Substances Act.

Hoasca is a sacred tea for the religious group O Centro Espirita Beneficiente Uniao do Vegetal. The beverage is made from plants native to the Amazon and contains an illegal drug, a hallucinogen.

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The religion is a Christian spiritist faith that originated in Brazil and includes Amazonian and indigenous spiritual traditions.

About 140 members of the church live in the United States and use the tea in a sacred communion.

In May 1999, U.S. Customs agents entered the church headquarters in Santa Fe, New Mexico, and seized all of its hoasca.

The church became alarmed and cited how the federal government allows an exception for American Indians to use another illegal drug, peyote, in their religious ceremonies.

In fact, the federal RFRA was designed partly to protect the Native Americans’ use of peyote, said CNN legal analyst Jeffrey Toobin.

“They were a legitimate religion, and this was a legitimate ritual of the religion, and Congress wanted to make sure it was protected,” Toobin said of peyote and the 1993 law.

The Uniao do Vegetal, which means “the union of the plants,” cited that federal law in suing the federal government.

“The government has never explained why it has accommodated The Native American Church’s use of peyote (which contains mescaline, also a controlled substance) but cannot accommodate the UDV’s use of hoasca,” the church said in a statement.

The U.S. Supreme Court ruled in the church’s favor, saying the federal government failed to show a compelling interest to ban the substance for religious use.

“The peyote exception also fatally undermines the government’s broader contention that the Controlled Substances Act establishes a closed regulatory system that admits of no exceptions under RFRA,” the court ruling said.

The IRS employee and Sikh knife

Recently baptized in the Sikh faith, Kawal Tagore went to her job with the IRS in Houston in 2005 carrying a new religious item: a 9-inch kirpan, a small ceremonial sword that resembles a knife but has an edge that is blunted or curved.

Tagore needed to carry the kirpan at all times as a mandatory article of faith.

But the federal government banned her from the building, citing the kirpan as a “dangerous weapon” with a more than 3-inch blade, and she was later fired from her accounting job because she refused to keep the kirpan out of the workplace.

Tagore sued the government under the federal law.

Attorneys for IRS employee Kawal Tagore, a Sikh, argued that her symbolic kirpan wasn't any more dangerous than other objects allowed into a federal building.

Tagore cited how the government allowed the public to enter the federal building with more threatening objects: real 2.5-inch blade knives and metal canes, said her attorneys with the Newar Law Firm and the Becket Fund. Also, federal employees inside the building were allowed to use box cutters and cake knives.

In November, the federal government agreed to settle the case shortly after the start of Tagore’s trial.

The settlement included no admission of wrongdoing, the Christian Science Monitor reported.

Tagore’s attorneys described the settlement as “a groundbreaking policy allowing Sikhs and other religious minorities to wear religious symbols and attire in federal buildings,” they said in a statement.

Religious Freedom Restoration Act

 

 

Religious Freedom Restoration Act


103RD CONGRESS
1ST SESSION

H.R. 1308

To Protect the free exercise of religion.

IN THE HOUSE OF REPRESENTATIVES
March 11, 1993

[co-sponsors]
Mr. MCKEON, and Mr. GALLO introduced the following bill, which was referred to the Committee on the Judiciary.

A BILL
To protect the free exercise of religion.
Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “Religious Freedom Restoration Act of 1993″.

SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES.

(a) FINDINGS.–The Congress finds
(1) the framers of the American Constitution, recognizing free exercise of religion as an unalienable right, secured its protection in the First Amendment to the Constitution;

 

(2) laws “neutral” toward religion may substantially burden religious exercise as surely as laws intended to interfere with religious exercise;

 

(3) governments should not substantially burden religious exercise without compelling justification;

 

(4) in Employment Division of Oregon v. Smith the Supreme Court virtually eliminated the requirement that the government justify burdens on religious exercise imposed by laws naeutral toward religion; and

 

(5) the compelling interest test as set forth in Sherbert v. Verner and Wisconsin v. Yoder is a workable test for striking sensible balances between religious liberty and competing governmental interests.

 

(b) PURPOSES. — The purposes of this Act are –

 

(1) to restore the compelling interest test as set forth in Federal court cases before Employment Division of Oregon v. Smith and to guarantee its application in all cases where free exercise of religion is substantially burdened; and

 

(2) to provide a claim or defense to persons whose religious exercise is substantially burdened by government.


SEC. 3. FREE EXERCISE OF RELIGION PROTECTED.

 

(a) IN GENERAL. — Government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability, except as provided in subsection (b).

 

(b) EXCEPTION. — Government may burden a person’s exercise of religion only if it demonstrates that application of the burden to the person –

 

(1) furthers a compelling governmental interest; and

 

(2) is the least restrictive means of furthering that compelling governmental interest.

 

(c) JUDICIAL RELIEF. — A person whose religious exercise has been substantially burdened in violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government. Standing to assert a claim or defense under this section shall be governed by the general rules of standing under article III of the Constitution.

 

SEC. 4. ATTORNEY FEES.

 

(a) JUDICIAL PROCEEDINGS. — Section 722 of the Revised Statutes of the United States (42 U.S.C. 1988) is amended by inserting “the Religious Freedom Restoration Act of 1993,” before “or title VI of the Civil Rights Act of 1964″.

 

(b) ADMINISTRATIVE PROCEEDINGS. — Section 504(b)(1)(C) of title 5, United States Code, is amended –

 

(1) by striding “and” at the end of clause (ii);

 

(2) by striking the semicolon at the end of clause (iii) and inserting “; and”; and

 

(3) by inserting “(iv) the Religious Freedom Restoration Act of 1993″ after clause (iii).


SEC. 5 DEFINITIONS.

 

As used in this Act –

 

(1) the term “government” includes a branch, department, agency, instrumentality, and official (or other person acting under color of law) of the United States, a State, or a subdivision of a State;

 

(2) the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and each territory and possession of the United States;

 

(3) the term “demonstrates” means meets the burdens of going forward with the evidence and of persuasion; and

 

(4) the term “exercise of religion” means exercise of religion under the first article of amendment to the Constitution of the United States.

 

SEC. 6. APPLICABILITY.

 

(a) IN GENERAL. — This Act applies to all Federal and State law, and the implementation of that law, whether statutory or otherwise, and whether adopted before or after the enactment of this Act.

 

(b) RULE OF CONSTRUCTION. — Federal statutory law adopted after the date of the enactment of this Act is subject to this Act unless such law explicitly excludes such application by reference to this Act.

 

(c) RELIGIOUS BELIEF UNAFFECTED. — Nothing in this Act shall be construed to authorize any government to substantially burden any religious belief.


SEC. 7. ESTABLISHMENT CLAUSE UNAFFECTED.

 

(a) IN GENERAL. — Nothing in this Act shall be construed to affect, interpret, or in any way address that portion of the First Amendment prohibiting laws respecting the establishment of religion. Granting government funding, benefits, or exemptions, to the extent permissible under the Establishment Clause of the First Amendment, shall not constitute a violation of this Act.

 

(b) DEFINITION. — As used in this section, the term “granting government funding, benefits, or exemptions” does not include a denial of government funding, benefits, or exemptions.
———————————————————————————————————

1. The use of Schedule I as a Religious Sacrament:  Gonzales v. O Centro Espírita Beneficente União do Vegetal (2006)), .

Federal Law Prohibits Housing Discrimination

The Fair Housing Act prohibits anyone from refusing to sell or rent housing to a possible buyer or tenant based on that person’s race, color, religion, sex, or national origin. This act also prohibits housing discrimination based on family status. A seller or landlord cannot refuse to sell or rent to a buyer or renter who is a parent or guardian of a person under the age of 18.

An HOA’s regulations often give the board of directors the right to approve new buyers or renters. Because an HOA must follow the rules of the Fair Housing Act, an HOA board cannot reject a new resident based on the person’s race, color, religion, sex, national origin, or familial status.

The federal Fair Housing Act and Fair Housing Amendments Act (42 U.S. Code §§ 3601-3619, 3631) prohibit landlords from choosing tenants on the basis of a group characteristic such as race, religion, ethnic background, sex, familial status or disablity.

“It shall be unlawful to discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or the provision of services or facilities in connection therewith, because of race,color, religion , sex, familial status, or national origin 42 U.S.C. 3604(b)”

The FHA applies to:
• Direct providers of housing;
• Entities and associations that set terms and
conditions for housing; and
• Entities and associations that provide services
and facilities in connection with housing

Courts have held that the FHA Applies to Community
Associations — including HOA’s and Condo Associations.
 Community Associations set rules and covenants that apply to
homeowners.
 Community Associations provide services or facilities in
connection with housing.
 Thus, Community Associations are “housing providers” under
the FHA.

Block v. Frischholz, 587 F.3d 771 (7thCir 2009)
Plaintiff, an orthodox Jew, sued Condominium
Association and Board president for religious
discrimination because Board refused to allow
him to have a religious display on his exterior
door.

The FHA Applies to
Community Associations cont.
Housing Opportunities Project for Excellence, Inc. v.
Key Colony No. 4 Condominium Assoc., 510 F.
Supp. 2d 1003 (S.D. Fla. 2007)
Plaintiff sued HOA and HOA board members
under FHA and Florida housing laws claiming
that occupancy restrictions and rules for pool
and clubhouse discriminated against families
with children.

The FHA Applies to Community
Associations
Savanna Club Worship Service, Inc. v. Savanna Club
Homeowners’ Association, 456 F. Supp. 2d 1223
(S.D. Fla. 2005)
Owners of a religious club sued HOA and board
members because the HOA prohibited religious
services in common areas
Note: The Court dismissed the Plaintiff’s claims because the
HOA applied its restrictions in a neutral manner. The Court
recognized, however, that HOA’s are governed by the FHA since
they control and regulate certain property rights, such as use of
common areas and facilities.

Community Associations:
Restrictive Covenants
 Courts across the country have allowed lawsuits
to proceed based on discriminatory covenant
enforcement.
 Racially-restrictive covenants were a major reason
for the implementation of the FHA in 1968.
 Currently, race, religion, and national origin are
major areas of enforcement and risk for
Community Associations.

♥Community Associations:
Restrictive Covenants cont.
Tokh v. Water Tower Court Home Owner
Association, 327 Fed. Appx. 630 (7
th
Cir. 2009).
In Tokh, a member of an HOA sued his HOA and
its Management Company for national origin and
race discrimination after being fined for enlarging
a patio in violation of the HOA’s covenants.

Potential FHA violations
 HOA allows religious groups to use a community
chapel facility but not non-religious groups
 Condominium Association waives fee for
Boy Scouts of America to use community room
for free but charges other groups
 Community pool establishes “adult swim” hours
 Community Association-controlled golf course
restricts men from playing on Tuesday mornings

Civil Violations
• Civil Penalties include fines of up to $10,000 for a
violation of the FHA and up to $74,000 for multiple
violations
• Injunctive and equitable relief to stop and change
practices and policies that violate the FHA
• Payment of Court costs and attorneys’ fees to the
Government
• Individual penalties and liability for board members
and other individuals!!

Criminal Penalties
 Violations of the FHA that involve threats,
intimidation, or violence can also lead to
criminal fines and imprisonment.

How can a renter file a discrimination complaint?

A tenant who thinks that a landlord has broken a federal fair housing law should contact a local office of the U.S. Department of Housing and Urban Development (HUD), the agency that enforces the Fair Housing Act, or check the HUD website at www.hud.gov. (A tenant must file the complaint within one year of the alleged discriminatory act.)

HUD will provide a complaint form (tenants can fill the form out online) and will investigate and decide whether there is reasonable cause to believe that the fair housing law has been broken. If the answer is yes, HUD will typically appoint a mediator to negotiate with the landlord and reach a settlement (called a “conciliation”). If a settlement is later broken, HUD will recommend that the Attorney General file a lawsuit.

If the discrimination is a violation of a state fair housing law, the tenant may file a complaint with the state agency in charge of enforcing the law. In California, for example, the Department of Fair Employment and Housing enforces the state’s two fair housing laws.

Also, instead of filing a complaint with HUD or a state agency, tenants may file lawsuits directly in federal or state court. If a state or federal court or housing agency finds that discrimination has taken place, a tenant may be awarded damages, including any higher rent paid as a result of being turned down, an order directing the landlord to offer the rental to the tenant, and compensation for humiliation or emotional distress.

 

substantial burden

  1. The government’s compelling someone to do something that violates his religious beliefs, or prohibiting someone from doing something that is mandated by his religious beliefs.
  2. The government’s denying someone a tax exemption or unemployment compensation unless he does something that violates his religious beliefs, or refrains from something that is mandated by his religious beliefs.
  3. As to state and federal constitutional regimes, it’s not clear whether the above also applies when the objector’s conduct is merely motivated by his religious beliefs (e.g., the objector thinks it’s a religiously valuable thing for him to stay home on the Sabbath, rather than a religious commandment) and not actually mandated by those beliefs. The federal RFRA, many state RFRAs, and RLUIPA expressly apply to “any exercise of religion, whether or not compelled by … a system of religious belief.”
  4. The beliefs need not be longstanding, central to the claimant’s religious beliefs, internally consistent, consistent with any written scripture, or reasonable from the judge’s perspective. They need only be sincere.

 

Map of which states are covered by state RFRAs or by state constitutional exemption regimes:

 

 

 

Yuwipi Ceremony

YUWIPI CEREMONY

        We believe in the night sing, the power of Inyan the stone, the miraculous healing power of the ancestors and the sacred songs.  We believe in the Wiwila Little people, animal spirits, and the various other Tunkasila (spirits). We believe in the emptiness of the Medicine Man as a hollow bone for the spirits’ work.

Yuwipi Ceremony

Click this link to read Yuwipi details before attending.

Painted Buffalo Skull

A Yuwipi  Ceremony is known as a Night Sing. Invocation songs are sung in a darkened room to call upon the help of woodland spirits. Fairies, little people, stone spirits, and animals arrive creating an almost indescribable situation.  This ritual is a profound experience of spiritual beings manifesting into the physical.

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If you are planning to attend a Yuwipi\Lowanpi, there are some details that must be mentioned.

Women on their Moon Time (menses) may not attend this Ceremony. Women who do attend must be fully clothed covering shoulders and knees. It is traditional for women to wear a shawl but not mandatory. No shiny objects or electronics are allowed (cell phones, watches, or jewelry). Children are welcome to attend and usually fall asleep so blankets and pillows are helpful. Participants may bring a pillow or blanket to sit on as well. There will be no bathroom breaks so try not to drink large amounts of liquid before the Ceremony. 

 Black Bear

This ceremony truly defines what Shamanism is and it is considered by many anthropologists and archaeologists to have been the Neanderthal’s primary religion. The Yuwipi, Sweat Lodge and Vision quest are considered a trinity of rites. This practice is used for healing, connecting with spirits, finding things and solutions to problems.  We begin with a sweat lodge rite (Inipi) and an explanation of the evening’s events (hanblagloka).1.16.11 008

The Medicine Man is bound within a sacred blanket and laid down upon a special altar to commune with spirits and enter into their world.  Flickering lights can be seen in the darkness along with many other hard to describe things.  The spirits are able to remove illnesses from people as well as answer questions from beyond.  The spirits can be sent to find lost objects or people and even perform healings outside of the circle.  Yuwipi is also known as the tent shaking rite and is famous for its levitation and other unexplained phenomenon.  This experience lasts a few hours and always takes place after dusk.  The event is followed by a meal and another optional sweat lodge the next morning.

PETA WAKAN

The Night Sing, or Lowanpi, is probably the most fascinating rite in the western hemisphere. Anthropologists believe that it has its origins in Siberia and that it spread from there to many places throughout the world. It is believed to have been practiced in Nepal and northern China thousands of years ago.  There are ancient traces of it among the Laplander, The Mongols, The Icelandic peoples and The Amazonian. Recent findings suggest it was prevalent among the Maya and Aztec.

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Ainu of Japan

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In the 1960′s it is said to have died out in Siberia but it has made a recent come back from North America. Versions of the Yuwipi/Lowanpi have long been practiced by tribes of the Northern and Eastern United states. The Tent Shaking rite among the Ojibwa were well documented in the 1800s, as well as the various plains tribes.

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When the Medicine Man is tied and bound it is known as a Yuwipi rather than Lowanpi, which uses no bindings. It is this act of tying, untying, the frame drum, as well as the general events of the ceremony are what allowed Anthropologists to trace the yuwipi to Siberia and beyond. The Canli Pahta, or prayer ties are a purely Lakota element in this beautiful practice.

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Recently, people say things like “these ceremonies came about when our people had to hide their spiritual practices”. These views are inconsistent with Anthropological and Archaeological facts as the Yuwipi is thought of as the Neanderthal’s primary religion. The Yuwipi, Sweat Lodge and Vision quest are considered a trinity of rites. There is some question that the Yuwipi/Lowanpi was ever one of the Seven Sacred Rites of the White Buffalo Calf Woman. Elders have varying opinions on the subject. In the case of the Lakota version of Yuwipi, the  Prayer Ties and the use of the Sacred Pipe were, at some point, added to the Yuwipi. Similarly  songs as well as other elements have come from the Yuwipi/Lowanpi and entered into the Sundance.

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These ways may have come from Siberia, but the reverse may be the case just as well. One thing is definite, the Yuwipi, Inipi (Sweat Lodge) and Hanbleceya (Vision Quest) spread with the mastodon hunters who followed the herds. It is Well documented that the yuwipi, the ceremony that truly defines Shamanism, moved with the migration of the mastodon. The Lakota primarily hunted Unhcegila (Mastodon), as did various other tribes.

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The healing that occurs in these ceremonies  may not be accompanied by any tactile sensations. This does not affect the power of the healing.  The most difficult manifestation seems to be for the spirits to make sound. Auditory experiences seem to occur less (the singing or speaking of spirits) than tactile ones. There are no real generalizations though, it is up to the Spirits alone, next it is up to the Medicine Man’s relationship with those beings and last but not least the faith of the participants.

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It is strange to see the (new-age) shamanic drumming sessions that are so popular now. This practice is directly mimicking the ancient ways without any of the outward manifestations or initiation  that are usual to these ceremonies. On the same token, it is Interesting to note that certain individuals are born with, or acquire the ability to create situations characteristic to Yuwipi. Daniel Dunglas Home and Carlos Mirabelli are two individuals known to have brought about such situations outside of Native American culture.

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First thing one could experience in a Yuwipi or Lowanpi is levitation and movement the rattles and various other objects. Second thing would be flickering lights, rain, hail, wind and other similar sensations. The third type of manifestation one could expect is the touch of a spirit’s hand, the touch of an animal, Little person, or other such being’s touch. The fourth thing that can happen is teleportation.

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The Yuwipi man may experience asphyxiation, usually followed by resurrection. This is not always the case as sometimes “the man in the middle” experiences dream like visions and communications without flat-lining. The visions are usually followed by the untying. The untying does not always occur, even in profound situations. Another thing that the Yuwipi man may experience is levitation, being touched or lifted. Other than that, the Yuwipi man Has a very different experience from the rest of the people.

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A Yuwipi man has a tremendous responsibly as he literally lays his life down for the sake of the people. He is fettered not only by his bindings but by the Yuwipi Spirits themselves  He is no longer a free man, in this life, or the next. It is said that each time he holds a ceremony he sacrifices part of his soul until his power is finally exhausted. After passing he works as a healer from the other side, though the ceremonies. I say “man” because it is for the “empty” man to be the (hollow bone) sacrifice for the fullness of the woman. There are accounts, though, of women, that after menopause, have done Lowanpi-like ceremonies. One does not DECIDE to practice Yuwipi, They are chosen during Hanbleceya (Vision Quest). Do not reach out to the yuwipi spirits. let them reach out to you (this saying is meant figuratively as well as literally). 

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The Yuwipi ritual may be held for very specific purposes.  Among them are healings, finding lost or stolen objects, and finding solutions to problems.   It is part of a trinity of rights, Yuwipi, Sweat lodge and Vision Quest.  After performing a sweat lodge, the rite begins in a room in which all lights can be extinguished.  The leader or Yuwipi man is bound within a quilt and laid face down in the center of the room, (Yuwipi means they tie him up).  The room is plunged into total darkness as the lead singer begins to drum and sing with great enthusiasm.  In the darkness the spirits play the rattles and untie the leader.

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The lights are turned on and the Yuwipi man narrates the events of the ceremony and the sacred Canupa is passed round.  This all takes about four to six hours and is an evening event.  Yuwipi is followed by a  pot luck. The Yuwipi is an important Ceremonial that we are excited to have in our community as well as visitors from all over.

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Singing for the Yuwipi/ Lowanpi ceremonies

Singing for Yuwipi / Lowanpi is a very serious matter. The lead singer and the accompaniment should not take it lightly. It is of utmost importance for the singer to be able to sense the man in the middle within the cover of total darkness as well as the coming and going of the various spirits that may be present. To get started the sacred Canupa will be filled with Cancasa with the accompaniment of the Pipe filling song or Opagipi Olowan. Sometimes two other pipe songs may be sung with it. Then for the tying this song can be sung although it is not necessary. Sometimes a special tying song is sung.

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It is important that this all happens swiftly and without delay (tying). As soon as the man is in the center face down the lights are extinguished and the directional song (Tatetopakiya Olowan) is sung. There are some very important things to know about this song. This song is received by the medicine man during vision quest and is his personal song. It is sometimes known as an altar song or as Wicakicopi Olowan (they call them song). This type of song can only be learned in person unless a regular directional song is being used. A good example of this would be the directional song of the sweat lodge.

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Following the Directional song one usually hears spirit calling songs. This is usually accompanied by the spirit’s rapping,  shaking rattles (Wagmuha) or any such manifestations signalling the spirit’s arrival. These songs may vary greatly as each medicine person will need to call particular spirits. This part of the ceremony is leading up to the prayer round in which the intention will be stated to the spirits. Questions may be put to the spirits if needed or sometimes they may be dispatched to look in on a situation or to do something.

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Prayer songs would be sung in preparation of the prayers. They are sung immediately following the calling songs in one continuous stream of music. The music then comes to a halt. Prayers will be made by the sponsor,  the Leader, the helper or by all present  depending on the ceremony’s purpose. After the prayers are made, singing would resume as the healing round begins.  Healing songs would be sung after the prayers as the spirits get to work on the sponsor and whomever requests to receive a healing. This usually happens after the prayer round. In some cases calling songs or animal songs could be added to these to effect a cure.

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Depending on the medicine men a wide variety of songs can be sung now. It is common to hear Kettle songs, Ceh’ohomni Olowan. These are better known as Heyoka songs or Thunder being songs. These clown songs originally are used as part of the Kettle Dance and other Heyoka rites. It is said that the ghosts of the Heyoka Medicine men intervene in the Yuwipi /Lowanpi ceremony to affect a cure, who really knows? These songs may be sung solely to call the Thunder beings as well as other related spirits.

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Many other songs can be sung, there are the stone songs, spider songs, and all the various animal songs. The spirits Do the untying with the untying song. This song is known as Wicayujujupi Olowan. No matter how the ceremony progresses or how it is performed or whatever, the Spirits go home song and the closing song ( quitting ) are always sung. Sometimes a few songs are sung  just before this.

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The singers actually call the spirits, they are the conjurers. The Yuwipi man is the conduit or medium of the spirits work. Usually, the spirits choose new yuwipi men from among the singers.

Una ceremonia Yuwipi es conocido como Night Sing. Cantos de invocación se cantan en un cuarto oscuro para recurrir a la ayuda de los espíritus del bosque. Hadas, gente pequeña, los espíritus de piedra, y los animales llegan creando una situación casi indescriptible. Este ritual es una experiencia profunda de los seres espirituales que se manifiestan en lo físico.

Esta ceremonia realmente define lo que es el chamanismo y es considerado por muchos antropólogos y arqueólogos que han sido la religión principal del Neanderthal. Esta práctica se utiliza para la curación, la conexión con los espíritus, la búsqueda de las cosas y las soluciones a los problemas. Comenzamos con un sudor lodge rito opcional y una explicación de los acontecimientos de la noche.

The Medicine Man está obligado dentro de un manto sagrado y lo acostó en un altar especial para estar en comunión con los espíritus y entrar en su mundo. Luces parpadeantes se pueden ver en la oscuridad junto con muchos otros difíciles de describir las cosas. Los espíritus son capaces de eliminar las enfermedades de las personas, así como responder a las preguntas de más allá.Los espíritus pueden ser enviados a buscar objetos o personas perdidas e incluso realizar curaciones fuera del círculo. Yuwipi es famoso por su levitación y otros fenómenos inexplicables. Esta experiencia dura unas pocas horas y siempre tiene lugar después del anochecer. El evento es seguido por una comida y otra casa de sudor opcional a la mañana siguiente.

PETA WAKAN

Painted Buffalo Skull