Long’s Residence

Long’s residence

The Vision Quest support will occur at 4266 Rambling Way, Crestone, CO 81131. In the Sangre de Cristo mountains of southern Colorado,

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DRIVING

Directions from Denver International Airport

  • Take Pena Blvd South/West for about 10 miles, until it merges into I-70 West.
  • Take I-70 West for about 25 miles.
  • Merge onto CO-470 E via Exit 260 toward Colorado Springs, and go 5.7 miles.
  • Merge onto US-285 South toward Fairplay.
  • Take 285 South through Fairplay, through Johnson Village, SOUTH, on 285 through Villa Grove (about 150 miles).
  • After passing through Villa Grove watch for a turnoff from 285 to RT 17 on your Left. Take RT 17 through Moffat.
  • As you are about to pass the southern end of Moffat look for a small sign for Crestone. You will turn Left on T Road heading East towards Crestone. 
  • From Hwy 17, turn onto County Road T, toward the mountains.
  • After 11.8 miles on CR T, you’ll come to wide fork in the road. Go right at the fork onto Camino Baca Grande. (Note: bearing left at this fork takes you into downtown Crestone).
  • After 2.2 miles on Camino Baca Grande, turn right on Camino Real (locally known as “Two Trees”). You’ll see Camino Real shortly after passing Brookview Way.
  • Continue on Camino Real for 0.8 miles, and then turn left on Wagon Wheel Rd.
  • Stay on Wagon Wheel until you come to a stop sign (1.9 miles). Turn left on Camino Del Rey.
  • Continue on Camino Del Rey for 1.2 miles, where the road ends in a T. Turn right onto Camino Baca Grande. Continue on Camino Baca Grande for 300 feet.
  • Turn left at the first opportunity onto  Fallen Tree Overlook.
  • Take a right onto Ramling Way, we are the second house on the right. June 2014 006

P.O.A. and the Fair Housing Act

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Click this link to file your complaint:  www.hud.gov

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.

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

A housing provider may not:

  • (1) Refuse to allow reasonable modifications to a dwelling.
  • (2) Refuse to make reasonable accommodations in rules, polices, practices, and services.

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.

Sorry sir, this part of the forest is not zoned for religious use
“Sorry sir, this part of the forest is not zoned for religious use”

“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 POA’s 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.

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♥ 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 POA and POA 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 POA and board members because the POA prohibited religious services in common areas
Note: The Court dismissed the Plaintiff’s claims because the POA applied its restrictions in a neutral manner. The Court recognized, however, that POA’s are governed by the FHA since they control and regulate certain property rights, such as use of common areas and facilities.

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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
thCir. 2009).In Tokh, a member of an POA sued his POA and its Management Company for national origin and race discrimination after being fined for enlarging a patio in violation of the POA’s covenants.

Jamestown, America's first Property Owners Association.

Jamestown, America’s first Property Owners Association.

Potential FHA violations
♠ POA 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

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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.

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How can a renter file a discrimination complaint?

A POA-HOA member who thinks that an HOA/POA 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. (POA-HOA members must file the complaint within one year of the alleged discriminatory act.)

HUD will provide a complaint form (POA-HOA members 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 HOA 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.

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To read The Fair Housing Act Click here!

Source: HOA Leader, Colorado Homeowners Association Law, Lawyers.com, HUD

 Religious Rights

  Religious Rights


If you are are experiencing Religious persecution click the links below to learn what to do about it.
  To read about the fair housing act and The Religious Freedom Restoration Act.

Religious Freedom Restoration Act.

 Religious Land Use and Institutionalized Persons Act (RLUIPA)

Click here to Read the American Indian Religious Freedom Act !

Click here to read The Universal Declaration of Human Rights!

The Office of International Religious Freedom has the mission of promoting religious freedom as a core objective of U.S. foreign policy. The office is headed by Ambassador-at-Large for International Religious Freedom Suzan Johnson Cook. We monitor religious persecution and discrimination worldwide, recommend and implement policies in respective regions or countries, and develop programs to promote religious freedom

department_of_state.svgInternational Coalition for Religious Freedom  “is a non-profit, non-sectarian, educational organization dedicated to defending the religious freedom of all, regardless of creed, gender, or ethnic origin.

The Civil Rights Division of the Department of Justice,  created in 1957 by the enactment of the Civil Rights Act of 1957, works to uphold the civil and constitutional rights of all Americans, particularly some of the most vulnerable members of our society. The Division enforces federal statutes prohibiting discrimination on the basis of race, color, sex, disability, religion, familial status and national origin.

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The First Amendment Center, We support the First Amendment and build understanding of its core freedoms through education, information and entertainment.

Religious Tolerance, Ontario consultants on religious tolerance. An awesome site!

American Center for Law and Justice  (ACLJ) and its globally affiliated organizations are committed to ensuring the ongoing viability of freedom and liberty in the United States and around the world.

American Civil Liberties Union,The ACLU is our nation’s guardian of liberty, working daily in courts, legislatures and communities to defend and preserve the individual rights and liberties that the Constitution and laws of the United States guarantee everyone in this country.

CESNUR (Center for Studies on New Religions), CHANGING RELIGIOUS MOVEMENTS IN A CHANGING WORLD.

CESNUR - center for studies on new religions

First Freedom Center , The mission of the First Freedom Center is to advance the fundamental human rights of freedom of religion and freedom of conscience.

Image result for First Freedom Center

The Leadership Conference,

The Leadership Conference on Civil and Human Rights is a coalition charged by its diverse membership of more than 200 national organizations to promote and protect the civil and human rights of all persons in the United States. 

The Leadership Conference on Civil and Human Rights  & The Leadership Conference Education Fund

Ethics and Religious Liberty Commission, The Research Institute of The ERLC represents an evangelical think tank that includes university and seminary presidents, academic deans, professors, lawyers, doctors, theologians, and other evangelical scholars.

The Freedom Forum On Line, The center serves as a forum for the study and exploration of free-expression issues, including freedom of speech, of the press and of religion, and the rights to assemble and to petition the government.

Liberty Counsel, Restoring the culture by advancing religious freedom, the sanctity of human life and the family.

People For the American Way, Our America respects diversity, nurtures creativity and combats hatred and bigotry.

 

The Rutherford Institute, Dedicated to the defense of civil liberties and human rights.

Religion Link, All of our writers have years of experience in the field of religion reporting. They are well versed in the many religions and issues that are covered in mainstream media.

USCIRF, is an independent, bipartisan U.S. federal government commission, the first of its kind in the world, that monitors the universal right to freedom of religion or belief abroad.

Concerned Women for America, through its Board of Trustees has established Religious Liberty as one of its seven core issues on which we focus our efforts.

Liberty Institute, Unfortunately, religious liberty is under attack — in our churches, in our schools and in the public arena – like never before in American history.

American Religious Freedom, Protecting religious freedom for all Faiths.

Bus coach from Denver

Bus Service

 

Daily Bus Service: Denver-Moffat-Alamosa
Arrow/Black Hills Stage Lines: call (877) 779-2999 or purchase tickets online.

Car Rentals at Alamosa Airport
1) Budget Car Rental: (719) 589-0103
2) L & M Automobile Rental: (719) 589-4651

Denver at 1:40 pm > Moffat at 6 pm
Moffat at 7:00 am > Denver at 11:15 am

Trailways Transportation System

BLACK HILLS STAGE LINES

For the journey to Crestone one option is to take the bus. Black Hills Stage Lines (phone: 402-371-3850) runs a bus that travels daily from Denver to Moffat.  We can arrange for someone to meet you at the bus stop in Moffat and drive you the remaining 20 minutes to The Singing Stone.

The Black Hills Stage Line departs from the Denver Greyhound bus station at approximately 1:45 pm and arrives in Moffat just after 6:00 pm, and the fare is $35.00 Tickets can be booked here: http://www.blackhillsstagelines.com/default.asp.

If you are flying in to DEN prior to taking the bus, you will need to plan your flight arrival to allow enough travel time to arrive at the bus station before 1:45 pm.  We recommend arriving at DEN by 11:00 a.m. Denver city buses will take you to the bus station from DEN.  The AF bus route can take you from the airport to the Denver bus station. The AF bus leaves once an hour. For schedule information go to Denver RTD at http://www.rtd-denver.com. The fare is $9 and is payable by cash as you board the bus. You must have exact change.

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Directions to Crestone, CO.

Getting To Crestone, CO

Airports
The nearest regional airport is Alamosa, which is about 1 hour south of Crestone. You will need to get a ride from Alamosa to Crestone.

There are also airports in Colorado Springs (3 hours), Denver (4 hours) and Albuquerque (5 hours). There is a daily bus service between Denver and Alamosa, which stops in Moffat. We can arrange a ride for you from Moffat to Crestone (25 minutes).

Car Rentals at Alamosa Airport
1) Budget Car Rental: (719) 589-0103
2) L & M Automobile Rental: (719) 589-4651

Daily Bus Service: Denver-Moffat-Alamosa
Arrow/Black Hills Stage Lines: call (877) 779-2999 or purchase tickets online.

Denver at 1:40 pm > Moffat at 6 pm
Moffat at 7:00 am > Denver at 11:15 am

Flying ⊕

Most people fly into Denver International Airport (DEN), which is a 4-1/4 hour drive from Crestone. You can also fly into Alamosa County Airport (ALS), which is a 1-hour drive to Crestone.

People also choose to fly into Albuquerque, NM, a 5-hour drive to the south from Crestone. Twin Hearts Express (575) 751-1201) offers service from Albuquerque airport to Alamosa.

Denver flights tend be less expensive and involve fewer connections.

Bus Service

Black Hills Stage Lines (phone: 402-371-3850) runs a bus that travels daily from Denver to Moffat.  We can arrange for someone to meet you at the bus stop in Moffat and drive you the remaining 20 minutes to The Singing Stone.

The Black Hills Stage Line departs from the Denver Greyhound bus station at approximately 1:45 pm and arrives in Moffat just after 6:00 pm, and the fare is $35.00 Tickets can be booked here: http://www.blackhillsstagelines.com/default.asp.

If you are flying in to DEN prior to taking the bus, you will need to plan your flight arrival to allow enough travel time to arrive at the bus station before 1:45 pm.  We recommend arriving at DEN by 11:00 a.m. Denver city buses will take you to the bus station from DEN.  The AF bus route can take you from the airport to the Denver bus station. The AF bus leaves once an hour. For schedule information go to Denver RTD at http://www.rtd-denver.com. The fare is $9 and is payable by cash as you board the bus. You must have exact change.

For the return trip from Crestone back to Denver, We will give you a ride to the Moffat bus stop. The bus leaves daily from Moffat at approximately 6:30 a.m. and arrives in Denver at 11:15 a.m.  From the Denver bus station, the AF bus will take you back to DIA (please see bus schedule link above). Plan your flight’s departure time to allow for enough travel time to the airport.

Driving to The Singing Stone.

Getting to Crestone From Denver International Airport/DEN

(You can check these directions for updates with Google Maps or Mapquest)

  • Take Pena Blvd South/West for about 10 miles, until it merges into I-70 West.
  • Take I-70 West for about 25 miles.
  • Merge onto CO-470 E via Exit 260 toward Colorado Springs, and go 5.7 miles.
  • Merge onto US-285 South toward Fairplay.
  • Take 285 South through Fairplay, through Johnson Village, South, on 285 through Villa Grove (about 150 miles).
  • After passing through Villa Grove watch for a turnoff from 285 to RT 17 on your Left.
  • Take RT 17 through Moffat.
  • As you are about to pass the southern end of Moffat, look for a small sign for Crestone.
  • You will turn Left on T Road heading East towards Crestone.
  • After turning from Hwy 17 onto County Rd T, go 10 miles, toward the mountains.
  • As you come into town, you’ll notice that the speed limit is reduced, and there is a church on the left.
  • About a minute after passing the church, you’ll come to wide fork in the road.
  • Take a right at the fork onto Camino Baca Grande, into the community marked as The Baca (note: bearing left at this fork takes you into downtown Crestone). drive two miles.
  • Take a left on W Badger Road (or left on Camino Real).
  • Go Right onto Wagon Wheel and keep going for 1 mile.
  • Bear left onto Camino del Rey.
  • Take a right onto N Stallion Trail for 200 feet.
  • Take a right onto Lariat Trail for 300 feet.

 

The Baca Grande

The Baca Grande

To find specific addresses in the Baca or the town of Crestone, go to Google Maps and use the Directions tab at https://maps.google.com/

Getting to Crestone from Albuquerque International Sunport

(Directions are from MapQuest)

  • Start out going east on Sunport Blvd SE toward Yale Blvd SE.
  • Merge onto I-25N/US85N toward I-40/Albuquerque Downtown/Santa Fe.
  • Take the US-84 N/US-285 N/St Francis Dr exit, EXIT 282B-A, toward Santa Fe-Plaza.
  • Merge onto US-84 N/US-285 N via the ramp on the left toward Santa Fe Plaza/Los Alamos/Taos. Turn left onto S Paseo de Onate/US-84 N/US-285 N.
  • Continue to follow US-84 N/US-285 N.
  • Turn right onto US-285 N/County Road 55.
  • Continue to follow US-285 N (Crossing into Colorado).
  • Turn right onto US-285 N/CO-17/CO-285.
  • Continue to follow US-285 N/CO-17.
  • Turn right onto 6th St/US-160 E.
  • Turn left onto Denver Ave/US-160 E.
  • Continue to follow US-160 E.
  • Turn left onto 1st St/CO-17.
  • Continue to follow CO-17.
  • Turn right onto County Road T.
  • After turning from Hwy 17 onto County Rd T, go 10 miles, toward the mountains.
  • As you come into town, you’ll notice that the speed limit is reduced, and there is a church on the left.
  • About a minute after passing the church, you’ll come to wide fork in the road.
  • Go right at the fork onto Camino Baca Grande, into the community marked as The Baca (note: bearing left at this fork takes you into downtown Crestone).
  • About a minute after passing the church, you’ll come to wide fork in the road
  • Take a right at the fork onto Camino Baca Grande, into the community marked as The Baca (note: bearing left at this fork takes you into downtown Crestone). drive two miles.
  • Take a left on W Badger Road (or left on Camino Real).
  • Go Right onto Wagon Wheel and keep going for 1 mile.
  • Bear left onto Camino del Rey.
  • Take a right onto N Stallion Trail for 200 feet.
  • Take a right onto Lariat Trail for 300 feet.

 

The Baca Grande

The Baca Grande

Please keep in mind that Crestone is a quiet community which values slow car speeds (to reduce noise). The roads are shared by pedestrians, cyclists, and various animals, so it is very important to be alert and aware when driving in Crestone.

Palmistry Reading

Status


Type of Palm Reading
Specific Questions:



To Get an online Palm reading with Christopher, just take pictures of your hands and send them to advanceddivination@gmail.com. You can also send them through Facebook or even through the 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. 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.

Also, you can Click this link to go to my Facebook page. Text me your information for free questions and readings. Any Information you share will remain private and can be used for future readings!

                                     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.

Legal Disclaimer: By agreeing to use the services of Advanced Palmistry you agree that you have read and understand that all information is subject to the service recipient’s interpretation.Advanced Palmistry will not be held accountable for any interpretations  or decisions made by recipients based on information provided during readings.These readings are for entertainment purposes only. All information and/or advice given to you by Advanced Palmistry should not take the place of any medical, legal or financial advice given to you by any qualified professional.  All sessions by Advanced Palmistry are not a substitute for medical, legal or financial advice.You must be 18 years of age to use this service, or have written consent from a parent or legal guardian. These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.

Experiencia Espiritual

¿Alguna vez has sentido como si estuviera paralizado mientras se queda dormido? ¿Alguna vez has sentido un asimiento de la mano usted o levitando experimentado en tu cama? ¿ una extraña sensación de hormigueo que comenzó a cubrir su cuerpo? Ciertas personas en algún momento de viaje de la vida han experimentado ese contacto espiritual. La mayoría de la gente puede recordar tener una experiencia fuera del cuerpo o algún otro evento inexplicable. Una ocurrencia común es tener una fuerte sensación de que alguien está de pie a los pies de su cama o incluso ver a alguien allí. Además, la sensación de un que, el “toque de un guante de terciopelo” o un líquido oscuro gruesa como la sustancia que cubre su cuerpo. Si usted ha tenido este tipo de visitas que están bien preparados para ir más lejos o verdadero miedo o ambos!

Espíritus particulares trabajan con personas específicas, es la misión de estos espíritus para ayudar a aquellos que tienen el potencial de alcanzar la inmortalidad a través del mundo de los sueños. Estos espíritus tienen una relación simbiótica con los seres humanos que pueden ser mejoradas por nosotros entrenando para entrar en sus reinos. En otras palabras, esta idea religiosa entera de alcanzar el cielo y la inmortalidad es parte del plan de los creadores por el potencial del ser humano. Cuando uno tiene el potencial de este tipo de trabajo, el espíritu de la tierra y otros inmortales pondrá a prueba el aprendiz prospectivo. Esto puede ocurrir a través de tener sueños vuelan, los sueños lúcidos y otro fenómeno indescriptible.

Un gran problema tiene la gente con esta teoría es la pregunta de por qué el miedo juega un parte de este proceso. El miedo es visto como una fuerza negativa y, en general como una advertencia natural de peligro. El miedo es también un mecanismo de defensa es necesario, uno que se necesita para sobrevivir en el otro lado. De la misma manera que existe un peligro en este mundo, existen peligros y las fuerzas depredadoras en el camino de los otros mundos. Es común que los espíritus dejen de funcionar con un aprendiz que no se convierte en miedo. Un viajero alma con un no sano sentido del miedo no tiene valor de supervivencia en el otro lado. Los espíritus no entrenar a alguien que no tiene ningún sentido del miedo. Es crucial para un estudiante de viaje astral para poder detectar el peligro.

Este problema presenta una contradicción en la mente de muchos buscadores espirituales. La percepción del bien y el mal se confunde con otras cosas. La única verdadera fuerza del mal en el universo es la ignorancia humana. Luego hay cosas que son perjudiciales para nosotros, lo que es malo para nosotros. Los gatos son malos para los ratones, esto no significa que los gatos son malos. Algunos seres naturales y los animales son perjudiciales para nosotros aquí en este mundo, lo mismo en los otros reinos algunos seres pueden tratar de devorarnos. Estos seres no son diferentes de los depredadores terrestres. Estos seres son los mismos que los animales y son de otra manera inocente. Los tiburones que se alimentan de la gente no está mal, tienen hambre y es útil para nosotros tememos them.There hay fuerza organizada del mal que no sea la ignorancia de la humanidad.

Creo que el concepto del bien y el mal se produjo entre los místicos y magos del pasado. Era un código de conducta para la retención y el cultivo de la energía espiritual, algo que es esencial para el sueño lúcido y fuera de los viajes cuerpo. Uno puede ver fácilmente que la población de personas que las tierras ‘necesita desesperadamente un código de conducta ética, esto no tiene nada que ver con el antiguo arte de la ascensión espiritual y su hacer y no hacer de .

 





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. 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.

Peyote Ceremony Details






This Ceremony will take place from 8 p.m. until sunup the next day. The location will be at The Singing Stone home in Crestone, Colorado at 1074 Lariat Trail. For directions visit our MAP. Participants may camp out before or after the Ceremony but be prepared as it is a rustic environment and our building still requires more work to be done. Participants may camp out before or after the Ceremony but be prepared as it is a rustic environment and our building still requires more work to be done. Please R.S.V.P. if you plan on attending this full night of prayer by emailing or calling.

Items to remember:

Potluck Dish (please let us know what you will be bringing)

Plate, bowl, cup, and utensils

Flashlight

Pillow

Blanket

Unopened package of tobacco for our Roadman

4 additional optional tobacco for officers

Dress in layers ready for either hot or cold conditions. This is an appropriate time to dress as we would want the Creator to see us. Women must wear a skirt and a shawl is part of this tradition as well. Men should consider wearing a dress shirt. Women, if it is your Moon Time (menses) then please let us know with plenty of time beforehand to make preparations.

We welcome all to attend so please speak with us if you are unable to donate and if you are willing to offer your assistance with work that is needed for our Church. We have to purchase this medicine so some kind of exchange is essential for us to continue offering these ceremonies. This also helps the flow for you or others to potentially experience a manifestation of prayers by maintaining this healthy balance in the universe.

Please call or email with any questions and plan to arrive in Crestone before 8 p.m. We look forward to a beautiful evening in prayer together as we celebrate the fullness and joy of summer. Mitakuye Oyasin!

All Night Tipi Meeting Preparations

This is a time to appear as we would like to be seen by our Creator, Wakan Tanka, or God. Women, this is a nice time to wear a dress or a skirt and shawl. If it is your moon time please let us know and and we will make the proper arrangements. Bring an extra towel and change of clothing if needed for the sweat lodge in case we have one. Some people fast before the ritual but we do not advise this. Avoiding excessive salt the day of can help. If you are Alcoholic, clean out fully as the spirits of the medicine don’t like those kind of ”spirits”.  This ancient ritual will take place in a tipi so please be prepared for hot or cold conditions. Bring a flashlight, blankets,  and a potluck dish to pass for the Ceremonial feast to follow the Meeting.

 We do not allow pets, alcohol, or drugs on the premise. Before arriving it is also helpful to start thinking about what areas in your life are needing attention in order to project those prayers clearly.

Picture 001singing andrea and Chris

In our lineage, an unopened package of tobacco is traditionally offered to the Roadman. We could use help leading up to the Meeting and especially the day of. Please contact us to offer your service in the ways that are best suited. We do not charge for any Ceremonies. If an individual is in great need of help, they will not be turned away because they are unable to make a donation. Putting energy forth through donations of any sort is a balanced way to walk in this world. There are many ways that your donations help to make these Ceremonies flow and for that we are grateful. Medicine must be purchased for this type of Ceremony as well as firewood, Sacred foods, and many other things.

  •  If you bring your children to a ceremony please understand that Federal law prohibits minors from ingesting peyote.
  • If you suffer from Schizophrenia you can expect a safe episode free experience. Peyote does not interfere with medications associated with Schizophrenia either. 
  • Persons regularly using Alcohol and other narcotics will find their experience to be one of discomfort.
  • Federal employees (including military) are federally protected from discrimination as members.
  • If your conscience is burdened with guilt or regret, you may become aware of why you have those feelings.
  • Know too that Peyote is not a cure all, it is the sacrament in a prayer meeting in which we rely upon our prayers to enlist a healing.
  • Also a Native American Church meeting need not include the sacred sacrament of the herb Peyote!

 

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 is 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.

Vision Quest Supporter Details

Vision Quest Supporter Details

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Hanbleceya (Vision Quest) is an amazing opportunity to join together in community supporting our Relatives who are out for Vision Quest. We will be praying for them every day with a continuous fire burning. Taking turns tending this fire as well as attending sweat lodges around noon every day, it is sure to be an experience to change your life if you have not experienced this sacred Ceremony as a supporter. We will also be singing traditional songs daily to connect with the Spirits and one another.

When we enter the first sweat lodge to place the questers out, everyone is aware to keep their voices to a minimum and to avoid any physical contact with them. As supporters it is imperative that we are maintaining a positive spiritual focus around the camp. This is not a time to engage in gossip or other inappropriate behavior. It is understood that those going out for Hanbleceya understand that there is a possibility that they may never return. They are making a sacrifice to receive what is needed to live in a good way with all relations at this time. We must not forget to be reverent towards this serious Ceremony and give as much as possible.


 

If you would like to be a supporter for the vision quest we would need help tending the fire and in the kitchen. The fire is attended to constantly so we would have to do it in shifts. We will be singing songs and praying. Supporters would be involved in the sweat lodges and in the actual bringing the quest-er to and from the Hocoka. Women are to wear skirts or dresses while on the premise.

Supporting for a ceremony like this can be very empowering and profound. It is an opportunity to learn more about these ways and is a prerequisite to preforming Hanbleceya. If you want to support someone who is doing the vision quest and you are unable to attend, you can do so at home. Some find it helpful to keep a candle lit to remember that people are out there and to connect with the sweat lodge fire. Food and water may be put out for the spirits as well as fasting yourself. Supporting a Hanbleceya is not complete without singing!!!

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.

Hanbleceya List

The Singing Stone

Hanbleceya List

www.thesingingstone.com conjurespirits@gmail.com

Click here to download: 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.

 

Make a tax deductible donation!

Yuwipi Details

 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.

If you are planning to attend a Yuwip\Lowanpi, there are some details that must be mentioned. Women who do attend must be fully clothed covering shoulders and knees. It is traditional for women to wear a shawl. Men dress casually but we do require shirts to be worn even if it is hot in the space. No shiny objects or electronics are allowed (cell phones, watches, or jewelry). Persons wearing a pacemaker should not attend. Once the door is shut no one may enter the Ceremony late so if you arrive after we begin, you will have to attend a future Ceremony and come on time. 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. It is best to be open to the Spirits reaching out to us but we are encouraged not to reach out to them. If participants know these specific songs then they may sing along or hum along but we do ask to refrain from creating songs or sounds that do not belong in this Ceremony. There will be a pipe that is passed around that does not contain tobacco but consists of local herbs. It is not mandatory to smoke the Pipe and simply may be a blessing each person may take for one’s self.. This experience is one to never forget. We encourage all in need of a healing to attend as well as to mention this rare Ceremonial to those who may benefit.

 

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.

Make a tax deductible donation!


Children

♥ Tax deductible ♥


 

Children are sacred and are exempt from all religious rules and dogma. No one should put ever put religion or spirituality before children. Contrary to a lot of faiths, we should strive to see the divine through the children and never compromise their comfort for our spiritual indulgence. Children should contribute to religion through their example of connection to nature and with their innocent spirit. We the adults have much to learn from the spontaneity and honesty of kids, especially in terms of the unknown realms of the spirit.

Students

Children should not be forced to endure any kind of indoctrination or molestation of any kind. Kids should not be taught about religion of any kind, they should be entertained through stories and songs. They should be taught about nature, plants and animals, the natural world. Especially in the city it is important to talk about nature and how, for thousands of years, people lived. If a kid asks you what you believe then you should tell them. If they reply in some coy or irreverent way, consider their wisdom carefully. The children’s reaction to dogma may provide valuable clues to the truths of the spiritual path.

singing

Have fun with kids and don’t impose any belief structure upon any of them. It is our job as parents to protect their sanctity and to learn from them. If we indoctrinate them into a faith they may never have the chance to accept a better path when it does come along. Teach them to keep an open mind while at the same time questioning authority. They should rely on their own impressions of divinity from within their own hearts. It is more valuable that they be inquisitive than faithful. It is better for them to freely doubt than to blindly trust and that goes for us adults as well.

Crestone Charter School

Warn the children of danger, tell them the difference between the divine and human traditions. In terms of spirituality tell them to rely upon natures’ instruction rather than peoples instruction. You can explain why things are done a certain way but do not suppose that any book or persons teaching is above the creations’ wisdom. Do not assume that your child shares your spiritual tendency. Not every one is destined to walk the Red Road (spiritual path), but know that all our interactions with children is a divinely guided test. They are here to remind us of the truth and innocence that is inherent in the creation, especially before we, as adults, judge and label it.

jonathan

Our church is dedicated to to the free minds of our children. If they think what we do is silly, then we should find out why, they may be able to enlighten us! Too many children miss out on being kids because their parents were too busy with religious obligations. An adults’ belief in no holidays should not be imposed upon their children. Kids should not have to wait in the car while their parents preach from door to door. As spiritual people we must understand that the children are a divine blessing to us and we should never compromise their attention or safety for our spiritual practice. If you have children of your own, you have been bestowed with a divine mission. Children are the spiritual path of parents. Do not neglect the path that the creation has given you, instead, celebrate them as the keys to your spiritual affluence.

birthday partyAugust 2010 017

The young ones are closer to the other side just as the elders are. they have a sacred perspective and sacred position in life. Some old habits and attitudes fall away from a person when he or she becomes the elder and wisdom is born. With the child no old habits or patterns are really there, so we can see another type of wisdom known as innocence. In our way of life the child and elder both are exempt of ritual protocol and rules. If the elders or children begin to express discomfort in ceremony we fix the problem, even if we have to skip that part of the ritual.ccsCCS

In Indigenous Culture there exists many different denominations, things are done a little bit differently everywhere. We are child oriented. At a community feast, some feed the leaders and elders first, we feed the children first. If a baby decides to crawl across the altar, we let them, It is a sacred and profound act to us. If an elders’ speech goes unheard because a baby is crying loudly, we will contemplate the deeper significance of this. The divinitory meanings, omens and divine humor that children add to the ceremonies overrides that of the leaders in a purely magical way. Children are pure magic and even in seemingly irreverent acts, they always bring spirituality into better focus.

Feb 2015 MIAMI-PUERTO RICO 234PUERTO RICO IMG_2630

Ritual abuse is a serious problem in all cultures. It should be our responsibility as mature adults to grant them the dignity of freedom of choice in spiritual matters. In Indigenous American culture we must rely upon nature for direction, not books. It is important that we get instruction from spiritually advanced teachers, but trust above them what your divine parents show you. Your Mother Earth and Father Sky know much about what is right for you than any spiritual leader. A spiritual leader with integrity will give you the freedom to see the truth for your self and should be mature enough to know that you may receive a different message. In these ways we hear our elders and consider what they say, but do not assume that they are the absolute truth.kids!

NATIVE AMERICAN CHURCH – Higher Court Rulings

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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..

 

 

18 USC CHAPTER 13 – CIVIL RIGHTS

CITE-    18 USC CHAPTER 13 – CIVIL RIGHTS                            01/03/2012 (112-90) –

EXPCITE-    TITLE 18 – CRIMES AND CRIMINAL PROCEDURE    PART I – CRIMES

CHAPTER 13 – CIVIL RIGHTS -HEAD-

CHAPTER 13 – CIVIL RIGHTS                      -MISC1-    Sec.

241.        Conspiracy against rights.

242.        Deprivation of rights under color of law.

243.        Exclusion of jurors on account of race or color.

244.        Discrimination against person wearing uniform of armed                 forces.

245.        Federally protected activities.

246.        Deprivation of relief benefits.

247.        Damage to religious property; obstruction of persons                 in the free exercise of religious beliefs.

248.        Freedom of access to clinic entrances.

249.        Hate crime acts.

AMENDMENTS

2009 – Pub. L. 111-84, div. E, Sec. 4707(b), Oct. 28, 2009, 123    Stat. 2841, added item 249.

1994 – Pub. L. 103-322, title XXXIII, Sec. 330023(a)(1), Sept.    13, 1994, 108 Stat. 2150, substituted “Freedom of access to clinic    entrances” for “Blocking access to reproductive health services” in    item 248.      Pub. L. 103-259, Sec. 4, May 26, 1994, 108 Stat. 697, added item    248.

1988 – Pub. L. 100-690, title VII, Sec. 7018(b)(2), Nov. 18,    1988, 102 Stat. 4396, struck out “of citizens” after “rights” in    item 241.      Pub. L. 100-346, Sec. 3, June 24, 1988, 102 Stat. 645, added item    247.

1976 – Pub. L. 94-453, Sec. 4(b), Oct. 2, 1976, 90 Stat. 1517,    added item 246.      1968 – Pub. L. 90-284, title I, Sec. 102, Apr. 11, 1968, 82 Stat.    75, added item 245. -End-   -CITE-

18 USC Sec. 241                                             01/03/2012 (112-90) –

EXPCITE-    TITLE 18 – CRIMES AND CRIMINAL PROCEDURE    PART I – CRIMES

CHAPTER 13 – CIVIL RIGHTS -HEAD-    Sec. 241. Conspiracy against rights -STATUTE-      If two or more persons conspire to injure, oppress, threaten, or    intimidate any person in any State, Territory, Commonwealth,    Possession, or District in the free exercise or enjoyment of any    right or privilege secured to him by the Constitution or laws of    the United States, or because of his having so exercised the same; or If two or more persons go in disguise on the highway, or on the    premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured – They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in    violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life,    or both, or may be sentenced to death. -SOURCE-    (June 25, 1948, ch. 645, 62 Stat. 696; Pub. L. 90-284, title I,    Sec. 103(a), Apr. 11, 1968, 82 Stat. 75; Pub. L. 100-690, title    VII, Sec. 7018(a), (b)(1), Nov. 18, 1988, 102 Stat. 4396; Pub. L.    103-322, title VI, Sec. 60006(a), title XXXII, Secs. 320103(a),    320201(a), title XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108    Stat. 1970, 2109, 2113, 2147; Pub. L. 104-294, title VI, Secs.    604(b)(14)(A), 607(a), Oct. 11, 1996, 110 Stat. 3507, 3511.)  -MISC1-                       HISTORICAL AND REVISION NOTES                         Based on title 18, U.S.C., 1940 ed., Sec. 51 (Mar. 4, 1909, ch.    321, Sec. 19, 35 Stat. 1092).      Clause making conspirator ineligible to hold office was omitted    as incongruous because it attaches ineligibility to hold office to    a person who may be a private citizen and who was convicted of    conspiracy to violate a specific statute. There seems to be no    reason for imposing such a penalty in the case of one individual    crime, in view of the fact that other crimes do not carry such a    severe consequence. The experience of the Department of Justice is    that this unusual penalty has been an obstacle to successful    prosecutions for violations of the act.      Mandatory punishment provision was rephrased in the alternative.      Minor changes in phraseology were made.                                 AMENDMENTS                                  1996 – Pub. L. 104-294, Sec. 607(a), substituted “any State,    Territory, Commonwealth, Possession, or District” for “any State,    Territory, or District” in first par.      Pub. L. 104-294, Sec. 604(b)(14)(A), repealed Pub. L. 103-322,    Sec. 320103(a)(1). See 1994 Amendment note below.      1994 – Pub. L. 103-322, Sec. 330016(1)(L), substituted “They    shall be fined under this title” for “They shall be fined not more    than $10,000″ in third par.      Pub. L. 103-322, Sec. 320201(a), substituted “person in any    State” for “inhabitant of any State” in first par.      Pub. L. 103-322, Sec. 320103(a)(2)-(4), in third par.,    substituted “results from the acts committed in violation of this    section or if such acts include kidnapping or an attempt to kidnap,    aggravated sexual abuse or an attempt to commit aggravated sexual    abuse, or an attempt to kill, they shall be fined under this title    or imprisoned for any term of years or for life, or both” for    “results, they shall be subject to imprisonment for any term of    years or for life”.      Pub. L. 103-322, Sec. 320103(a)(1), which provided for amendment    identical to Pub. L. 103-322, Sec. 330016(1)(L), above, was    repealed by Pub. L. 104-294, Sec. 604(b)(14)(A).      Pub. L. 103-322, Sec. 60006(a), substituted “, or may be    sentenced to death.” for period at end of third par.      1988 – Pub. L. 100-690 struck out “of citizens” after “rights” in    section catchline and substituted “inhabitant of any State,    Territory, or District” for “citizen” in text.      1968 – Pub. L. 90-284 increased limitation on fines from $5,000    to $10,000 and provided for imprisonment for any term of years or    for life when death results.                      EFFECTIVE DATE OF 1996 AMENDMENT                       Amendment by section 604(b)(14)(A) of Pub. L. 104-294 effective    Sept. 13, 1994, see section 604(d) of Pub. L. 104-294, set out as a    note under section 13 of this title.                        SHORT TITLE OF 1996 AMENDMENT                         Pub. L. 104-155, Sec. 1, July 3, 1996, 110 Stat. 1392, provided    that: “This Act [amending section 247 of this title and section    10602 of Title 42, The Public Health and Welfare, enacting    provisions set out as a note under section 247 of this title, and    amending provisions set out as a note under section 534 of Title    28, Judiciary and Judicial Procedure] may be cited as the ‘Church    Arson Prevention Act of 1996′.” -End-   -CITE-    18 USC Sec. 242                                             01/03/2012 (112-90) -EXPCITE-    TITLE 18 – CRIMES AND CRIMINAL PROCEDURE    PART I – CRIMES    CHAPTER 13 – CIVIL RIGHTS -HEAD-    Sec. 242. Deprivation of rights under color of law -STATUTE-      Whoever, under color of any law, statute, ordinance, regulation,    or custom, willfully subjects any person in any State, Territory,    Commonwealth, Possession, or District to the deprivation of any    rights, privileges, or immunities secured or protected by the    Constitution or laws of the United States, or to different    punishments, pains, or penalties, on account of such person being    an alien, or by reason of his color, or race, than are prescribed    for the punishment of citizens, shall be fined under this title or    imprisoned not more than one year, or both; and if bodily injury    results from the acts committed in violation of this section or if    such acts include the use, attempted use, or threatened use of a    dangerous weapon, explosives, or fire, shall be fined under this    title or imprisoned not more than ten years, or both; and if death    results from the acts committed in violation of this section or if    such acts include kidnapping or an attempt to kidnap, aggravated    sexual abuse, or an attempt to commit aggravated sexual abuse, or    an attempt to kill, shall be fined under this title, or imprisoned    for any term of years or for life, or both, or may be sentenced to    death. -SOURCE-    (June 25, 1948, ch. 645, 62 Stat. 696; Pub. L. 90-284, title I,    Sec. 103(b), Apr. 11, 1968, 82 Stat. 75; Pub. L. 100-690, title    VII, Sec. 7019, Nov. 18, 1988, 102 Stat. 4396; Pub. L. 103-322,    title VI, Sec. 60006(b), title XXXII, Secs. 320103(b), 320201(b),    title XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 1970,    2109, 2113, 2147; Pub. L. 104-294, title VI, Secs. 604(b)(14)(B),    607(a), Oct. 11, 1996, 110 Stat. 3507, 3511.)  -MISC1-                       HISTORICAL AND REVISION NOTES                         Based on title 18, U.S.C., 1940 ed., Sec. 52 (Mar. 4, 1909, ch.    321, Sec. 20, 35 Stat. 1092).      Reference to persons causing or procuring was omitted as    unnecessary in view of definition of “principal” in section 2 of    this title.      A minor change was made in phraseology.                                 AMENDMENTS                                  1996 – Pub. L. 104-294, Sec. 607(a), substituted “any State,    Territory, Commonwealth, Possession, or District” for “any State,    Territory, or District”.      Pub. L. 104-294, Sec. 604(b)(14)(B), repealed Pub. L. 103-322,    Sec. 320103(b)(1). See 1994 Amendment note below.      1994 – Pub. L. 103-322, Sec. 330016(1)(H), substituted “shall be    fined under this title” for “shall be fined not more than $1,000″    after “citizens,”.      Pub. L. 103-322, Sec. 320201(b), substituted “any person in any    State” for “any inhabitant of any State” and “on account of such    person” for “on account of such inhabitant”.      Pub. L. 103-322, Sec. 320103(b)(2)-(5), substituted “bodily    injury results from the acts committed in violation of this section    or if such acts include the use, attempted use, or threatened use    of a dangerous weapon, explosives, or fire, shall be fined under    this title or imprisoned not more than ten years, or both; and if    death results from the acts committed in violation of this section    or if such acts include kidnapping or an attempt to kidnap,    aggravated sexual abuse, or an attempt to commit aggravated sexual    abuse, or an attempt to kill, shall be fined under this title, or    imprisoned for any term of years or for life, or both” for “bodily    injury results shall be fined under this title 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”.      Pub. L. 103-322, Sec. 320103(b)(1), which provided for amendment    identical to Pub. L. 103-322, Sec. 330016(1)(H), above, was    repealed by Pub. L. 104-294, Sec. 604(b)(14)(B).      Pub. L. 103-322, Sec. 60006(b), inserted before period at end “,    or may be sentenced to death”.      1988 – Pub. L. 100-690 inserted “and if bodily injury results    shall be fined under this title or imprisoned not more than ten    years, or both;” after “or both;”.      1968 – Pub. L. 90-284 provided for imprisonment for any term of    years or for life when death results.                      EFFECTIVE DATE OF 1996 AMENDMENT                       Amendment by section 604(b)(14)(B) of Pub. L. 104-294 effective    Sept. 13, 1994, see section 604(d) of Pub. L. 104-294, set out as a    note under section 13 of this title. -End-   -CITE-    18 USC Sec. 243                                             01/03/2012 (112-90) -EXPCITE-    TITLE 18 – CRIMES AND CRIMINAL PROCEDURE    PART I – CRIMES    CHAPTER 13 – CIVIL RIGHTS -HEAD-    Sec. 243. Exclusion of jurors on account of race or color -STATUTE-      No citizen possessing all other qualifications which are or may    be prescribed by law shall be disqualified for service as grand or    petit juror in any court of the United States, or of any State on    account of race, color, or previous condition of servitude; and    whoever, being an officer or other person charged with any duty in    the selection or summoning of jurors, excludes or fails to summon    any citizen for such cause, shall be fined not more than $5,000. -SOURCE-    (June 25, 1948, ch. 645, 62 Stat. 696.)  -MISC1-                       HISTORICAL AND REVISION NOTES                         Based on section 44 of title 8, U.S.C., 1940 ed., Aliens and    Nationality (Mar. 1, 1875, ch. 114, Sec. 4, 18 Stat. 336).      Words “be deemed guilty of a misdemeanor, and” were deleted as    unnecessary in view of definition of misdemeanor in section 1 of    this title.      Words “on conviction thereof” were omitted as unnecessary, since    punishment follows only after conviction.      Minimum punishment provisions were omitted. (See reviser’s note    under section 203 of this title.)      Minor changes in phraseology were made. -End-   -CITE-    18 USC Sec. 244                                             01/03/2012 (112-90) -EXPCITE-    TITLE 18 – CRIMES AND CRIMINAL PROCEDURE    PART I – CRIMES    CHAPTER 13 – CIVIL RIGHTS -HEAD-    Sec. 244. Discrimination against person wearing uniform of armed      forces -STATUTE-      Whoever, being a proprietor, manager, or employee of a theater or    other public place of entertainment or amusement in the District of    Columbia, or in any Territory, or Possession of the United States,    causes any person wearing the uniform of any of the armed forces of    the United States to be discriminated against because of that    uniform, shall be fined under this title. -SOURCE-    (June 25, 1948, ch. 645, 62 Stat. 697; May 24, 1949, ch. 139, Sec.    5, 63 Stat. 90; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(G),    Sept. 13, 1994, 108 Stat. 2147.)  -MISC1-                       HISTORICAL AND REVISION NOTES                                                     1948 ACT                                   Based on title 18, U.S.C., 1940 ed., Sec. 523 (Mar. 1, 1911, ch.    187, 36 Stat. 963; Aug. 24, 1912, ch. 387, Sec. 1, 37 Stat. 512;    Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800).      Words “guilty of a misdemeanor”, following “shall be”, were    omitted as unnecessary in view of definition of “misdemeanor” in    section 1 of this title. (See reviser’s note under section 212 of    this title.)      Changes were made in phraseology.                                  1949 ACT                                   This section [section 5] substitutes, in section 244 of title 18,    U.S.C., “any of the armed forces of the United States” for the    enumeration of specific branches and thereby includes the Air    Force, formerly part of the Army. This clarification is necessary    because of the establishment of the Air Force as a separate branch    of the Armed Forces by the act of July 26, 1947.                                 AMENDMENTS                                  1994 – Pub. L. 103-322 substituted “fined under this title” for    “fined not more than $500″.      1949 – Act May 24, 1949, substituted “any of the armed forces of    the United States” for enumeration of the specific branches. -End-   -CITE-    18 USC Sec. 245                                             01/03/2012 (112-90) -EXPCITE-    TITLE 18 – CRIMES AND CRIMINAL PROCEDURE    PART I – CRIMES    CHAPTER 13 – CIVIL RIGHTS -HEAD-    Sec. 245. Federally protected activities -STATUTE-      (a)(1) Nothing in this section shall be construed as indicating    an intent on the part of Congress to prevent any State, any    possession or Commonwealth of the United States, or the District of    Columbia, from exercising jurisdiction over any offense over which    it would have jurisdiction in the absence of this section, nor    shall anything in this section be construed as depriving State and    local law enforcement authorities of responsibility for prosecuting    acts that may be violations of this section and that are violations    of State and local law. No prosecution of any offense described in    this section shall be undertaken by the United States except upon    the certification in writing of the Attorney General, the Deputy    Attorney General, the Associate Attorney General, or any Assistant    Attorney General specially designated by the Attorney General that    in his judgment a prosecution by the United States is in the public    interest and necessary to secure substantial justice, which    function of certification may not be delegated.      (2) Nothing in this subsection shall be construed to limit the    authority of Federal officers, or a Federal grand jury, to    investigate possible violations of this section.      (b) 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 –         (1) 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 –           (A) voting or qualifying to vote, qualifying or campaigning        as a candidate for elective office, or qualifying or acting as        a poll watcher, or any legally authorized election official, in        any primary, special, or general election;          (B) participating in or enjoying any benefit, service,        privilege, program, facility, or activity provided or        administered by the United States;          (C) applying for or enjoying employment, or any perquisite        thereof, by any agency of the United States;          (D) serving, or attending upon any court in connection with        possible service, as a grand or petit juror in any court of the        United States;          (E) participating in or enjoying the benefits of any program        or activity receiving Federal financial assistance; or         (2) any person because of his race, color, religion or national      origin and because he is or has been –           (A) enrolling in or attending any public school or public        college;          (B) participating in or enjoying any benefit, service,        privilege, program, facility or activity provided or        administered by any State or subdivision thereof;          (C) applying for or enjoying employment, or any perquisite        thereof, by any private employer or any agency of any State or        subdivision thereof, or joining or using the services or        advantages of any labor organization, hiring hall, or        employment agency;          (D) serving, or attending upon any court of any State in        connection with possible service, as a grand or petit juror;          (E) traveling in or using any facility of interstate        commerce, or using any vehicle, terminal, or facility of any        common carrier by motor, rail, water, or air;          (F) enjoying the goods, services, facilities, privileges,        advantages, or accommodations of any inn, hotel, motel, or        other establishment which provides lodging to transient guests,        or of any restaurant, cafeteria, lunchroom, lunch counter, soda        fountain, or other facility which serves the public and which        is principally engaged in selling food or beverages for        consumption on the premises, or of any gasoline station, or of        any motion picture house, theater, concert hall, sports arena,        stadium, or any other place of exhibition or entertainment        which serves the public, or of any other establishment which        serves the public and (i) which is located within the premises        of any of the aforesaid establishments or within the premises        of which is physically located any of the aforesaid        establishments, and (ii) which holds itself out as serving        patrons of such establishments; or         (3) during or incident to a riot or civil disorder, any person      engaged in a business in commerce or affecting commerce,      including, but not limited to, any person engaged in a business      which sells or offers for sale to interstate travelers a      substantial portion of the articles, commodities, or services      which it sells or where a substantial portion of the articles or      commodities which it sells or offers for sale have moved in      commerce; or        (4) 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 –           (A) participating, without discrimination on account of race,        color, religion or national origin, in any of the benefits or        activities described in subparagraphs (1)(A) through (1)(E) or        subparagraphs (2)(A) through (2)(F); or          (B) affording another person or class of persons opportunity        or protection to so participate; or         (5) any citizen because he is or has been, or in order to      intimidate such citizen or any other citizen from lawfully aiding      or encouraging other persons to participate, without      discrimination on account of race, color, religion or national      origin, in any of the benefits or activities described in      subparagraphs (1)(A) through (1)(E) or subparagraphs (2)(A)      through (2)(F), or participating lawfully in speech or peaceful      assembly opposing any denial of the opportunity to so participate      –      shall be fined under this title, or imprisoned not more than one    year, or both; and if bodily injury results from the acts committed    in violation of this section or if such acts include the use,    attempted use, or threatened use of a dangerous weapon, explosives,    or fire shall be fined under this title, or imprisoned not more    than ten years, or both; and if death results from the acts    committed in violation of this section or if such acts include    kidnapping or an attempt to kidnap, aggravated sexual abuse or an    attempt to commit aggravated sexual abuse, or an attempt to kill,    shall be fined under this title or imprisoned for any term of years    or for life, or both, or may be sentenced to death. As used in this    section, the term “participating lawfully in speech or peaceful    assembly” shall not mean the aiding, abetting, or inciting of other    persons to riot or to commit any act of physical violence upon any    individual or against any real or personal property in furtherance    of a riot. Nothing in subparagraph (2)(F) or (4)(A) of this    subsection shall apply to the proprietor of any establishment which    provides lodging to transient guests, or to any employee acting on    behalf of such proprietor, with respect to the enjoyment of the    goods, services, facilities, privileges, advantages, or    accommodations of such establishment if such establishment is    located within a building which contains not more than five rooms    for rent or hire and which is actually occupied by the proprietor    as his residence.      (c) Nothing in this section shall be construed so as to deter any    law enforcement officer from lawfully carrying out the duties of    his office; and no law enforcement officer shall be considered to    be in violation of this section for lawfully carrying out the    duties of his office or lawfully enforcing ordinances and laws of    the United States, the District of Columbia, any of the several    States, or any political subdivision of a State. For purposes of    the preceding sentence, the term “law enforcement officer” means    any officer of the United States, the District of Columbia, a    State, or political subdivision of a State, who is empowered by law    to conduct investigations of, or make arrests because of, offenses    against the United States, the District of Columbia, a State, or a    political subdivision of a State.      (d) For purposes of this section, the term “State” includes a    State of the United States, the District of Columbia, and any    commonwealth, territory, or possession of the United States. -SOURCE-    (Added Pub. L. 90-284, title I, Sec. 101(a), Apr. 11, 1968, 82    Stat. 73; amended Pub. L. 100-690, title VII, Sec. 7020(a), Nov.    18, 1988, 102 Stat. 4396; Pub. L. 101-647, title XII, Sec. 1205(b),    Nov. 29, 1990, 104 Stat. 4830; Pub. L. 103-322, title VI, Sec.    60006(c), title XXXII, Sec. 320103(c), title XXXIII, Sec.    330016(1)(H), (L), Sept. 13, 1994, 108 Stat. 1971, 2109, 2147; Pub.    L. 104-294, title VI, Sec. 604(b)(14)(C), (37), Oct. 11, 1996, 110    Stat. 3507, 3509.)  -MISC1-                                AMENDMENTS                                  1996 – Subsec. (b). Pub. L. 104-294 amended Pub. L. 103-322, Sec.    320103(c). See 1994 Amendment notes below.      1994 – Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(L),    substituted “shall be fined under this title” for “shall be fined    not more than $10,000″ before “, or imprisoned not more than ten    years” in concluding provisions.      Pub. L. 103-322, Sec. 330016(1)(H), substituted “shall be fined    under this title” for “shall be fined not more than $1,000″ before    “, or imprisoned not more than one year” in concluding provisions.      Pub. L. 103-322, Sec. 320103(c)(4)-(6), in concluding provisions,    inserted “from the acts committed in violation of this section or    if such acts include kidnapping or an attempt to kidnap, aggravated    sexual abuse or an attempt to commit aggravated sexual abuse, or an    attempt to kill,” after “death results” and substituted “shall be    fined under this title or imprisoned for any term of years or for    life, or both” for “shall be subject to imprisonment for any term    of years or for life”.      Pub. L. 103-322, Sec. 320103(c)(3), which provided for amendment    identical to Pub. L. 103-322, Sec. 330016(1)(L), above, was    repealed by Pub. L. 104-294, Sec. 604(b)(14)(C).      Pub. L. 103-322, Sec. 320103(c)(2), as amended by Pub. L. 104-    294, Sec. 604(b)(37), inserted “from the acts committed in    violation of this section or if such acts include the use,    attempted use, or threatened use of a dangerous weapon, explosives,    or fire” after “bodily injury results” in concluding provisions.      Pub. L. 103-322, Sec. 320103(c)(1), which provided for amendment    identical to Pub. L. 103-322, Sec. 330016(1)(H), above, was    repealed by Pub. L. 104-294, Sec. 604(b)(14)(C).      Pub. L. 103-322, Sec. 60006(c), in concluding provisions,    inserted “, or may be sentenced to death” before “. As used in this    section”.      1990 – Subsec. (d). Pub. L. 101-647 added subsec. (d).      1988 – Subsec. (a)(1). Pub. L. 100-690 substituted “, the Deputy”    for “or the Deputy” and inserted “, the Associate Attorney General,    or any Assistant Attorney General specially designated by the    Attorney General” after “Deputy Attorney General”.                      EFFECTIVE DATE OF 1996 AMENDMENT                       Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see    section 604(d) of Pub. L. 104-294, set out as a note under section    13 of this title.                                FAIR HOUSING                                 Section 101(b) of Pub. L. 90-284 provided that: “Nothing    contained in this section [enacting this section] shall apply to or    affect activities under title VIII of this Act [sections 3601 to    3619 of Title 42, The Public Health and Welfare].”     RIOTS OR CIVIL DISTURBANCES, SUPPRESSION AND RESTORATION OF LAW AND      ORDER; ACTS OR OMISSIONS OF ENFORCEMENT OFFICERS AND MEMBERS OF               MILITARY SERVICE NOT SUBJECT TO THIS SECTION      Section 101(c) of Pub. L. 90-284 provided that: “The provisions    of this section [enacting this section] shall not apply to acts or    omissions on the part of law enforcement officers, members of the    National Guard, as defined in section 101(9) of title 10, United    States Code, members of the organized militia of any State or the    District of Columbia, not covered by such section 101(9), or    members of the Armed Forces of the United States, who are engaged    in suppressing a riot or civil disturbance or restoring law and    order during a riot or civil disturbance.” -End-   -CITE-    18 USC Sec. 246                                             01/03/2012 (112-90) -EXPCITE-    TITLE 18 – CRIMES AND CRIMINAL PROCEDURE    PART I – CRIMES    CHAPTER 13 – CIVIL RIGHTS -HEAD-    Sec. 246. Deprivation of relief benefits -STATUTE-      Whoever directly or indirectly deprives, attempts to deprive, or    threatens to deprive any person of any employment, position, work,    compensation, or other benefit provided for or made possible in    whole or in part by any Act of Congress appropriating funds for    work relief or relief purposes, on account of political    affiliation, race, color, sex, religion, or national origin, shall    be fined under this title, or imprisoned not more than one year, or    both. -SOURCE-    (Added Pub. L. 94-453, Sec. 4(a), Oct. 2, 1976, 90 Stat. 1517;    amended Pub. L. 103-322, title XXXIII, Sec. 330016(1)(L), Sept. 13,    1994, 108 Stat. 2147.)  -MISC1-                                AMENDMENTS                                  1994 – Pub. L. 103-322 substituted “fined under this title” for    “fined not more than $10,000″. -End-   -CITE-    18 USC Sec. 247                                             01/03/2012 (112-90) -EXPCITE-    TITLE 18 – CRIMES AND CRIMINAL PROCEDURE    PART I – CRIMES    CHAPTER 13 – CIVIL RIGHTS -HEAD-    Sec. 247. Damage to religious property; obstruction of persons in      the free exercise of religious beliefs -STATUTE-      (a) Whoever, in any of the circumstances referred to in    subsection (b) of this section –         (1) intentionally defaces, damages, or destroys any religious      real property, because of the religious character of that      property, or attempts to do so; or        (2) intentionally obstructs, by force or threat of force, any      person in the enjoyment of that person’s free exercise of      religious beliefs, or attempts to do so;     shall be punished as provided in subsection (d).      (b) The circumstances referred to in subsection (a) are that the    offense is in or affects interstate or foreign commerce.      (c) Whoever intentionally defaces, damages, or destroys any    religious real property because of the race, color, or ethnic    characteristics of any individual associated with that religious    property, or attempts to do so, shall be punished as provided in    subsection (d).      (d) The punishment for a violation of subsection (a) of this    section shall be –         (1) if death results from acts committed in violation of this      section or if such acts include kidnapping or an attempt to      kidnap, aggravated sexual abuse or an attempt to commit      aggravated sexual abuse, or an attempt to kill, a fine in      accordance with this title and imprisonment for any term of years      or for life, or both, or may be sentenced to death;        (2) if bodily injury results to any person, including any      public safety officer performing duties as a direct or proximate      result of conduct prohibited by this section, and the violation      is by means of fire or an explosive, a fine under this title or      imprisonment for not more that 40 years, or both;        (3) if bodily injury to any person, including any public safety      officer performing duties as a direct or proximate result of      conduct prohibited by this section, results from the acts      committed in violation of this section or if such acts include      the use, attempted use, or threatened use of a dangerous weapon,      explosives, or fire, a fine in accordance with this title and      imprisonment for not more than 20 years, or both; and        (4) in any other case, a fine in accordance with this title and      imprisonment for not more than one year, or both.       (e) No prosecution of any offense described in this section shall    be undertaken by the United States except upon the certification in    writing of the Attorney General or his designee that in his    judgment a prosecution by the United States is in the public    interest and necessary to secure substantial justice.      (f) As used in this section, the term “religious real property”    means any church, synagogue, mosque, religious cemetery, or other    religious real property, including fixtures or religious objects    contained within a place of religious worship.      (g) No person shall be prosecuted, tried, or punished for any    noncapital offense under this section unless the indictment is    found or the information is instituted not later than 7 years after    the date on which the offense was committed. -SOURCE-    (Added Pub. L. 100-346, Sec. 1, June 24, 1988, 102 Stat. 644;    amended Pub. L. 103-322, title VI, Sec. 60006(d), title XXXII, Sec.    320103(d), Sept. 13, 1994, 108 Stat. 1971, 2110; Pub. L. 104-155,    Sec. 3, July 3, 1996, 110 Stat. 1392; Pub. L. 104-294, title VI,    Secs. 601(c)(3), 605(r), Oct. 11, 1996, 110 Stat. 3499, 3511; Pub.    L. 107-273, div. B, title IV, Sec. 4002(c)(1), (e)(4), Nov. 2,    2002, 116 Stat. 1808, 1810.)  -MISC1-                                AMENDMENTS                                  2002 – Subsec. (d). Pub. L. 107-273, Sec. 4002(c)(1), repealed    amendment by Pub. L. 107-273, Sec. 605(r). See 1996 Amendment note    below.      Subsec. (e). Pub. L. 107-273, Sec. 4002(e)(4), made technical    correction to directory language of Pub. L. 104-294, Sec.    601(c)(3). See 1996 Amendment note below.      1996 – Subsec. (a). Pub. L. 104-155, Sec. 3(1), substituted    “subsection (d)” for “subsection (c) of this section” in concluding    provisions.      Subsec. (b). Pub. L. 104-155, Sec. 3(3), added subsec. (b) and    struck out former subsec. (b) which read as follows: “The    circumstances referred to in subsection (a) are that –         “(1) in committing the offense, the defendant travels in      interstate or foreign commerce, or uses a facility or      instrumentality of interstate or foreign commerce in interstate      or foreign commerce; and        “(2) in the case of an offense under subsection (a)(1), the      loss resulting from the defacement, damage, or destruction is      more than $10,000.”      Subsec. (c). Pub. L. 104-155, Sec. 3(2), added subsec. (c).    Former subsec. (c) redesignated (d).      Subsec. (d). Pub. L. 104-294, Sec. 605(r), which directed the    substitution of “certification” for “notification” in subsec. (d),    was repealed by Pub. L. 107-273, Sec. 4002(c)(1).      Subsec. (d). Pub. L. 104-155, Sec. 3(2), redesignated subsec. (c)    as (d). Former subsec. (d) redesignated (e).      Subsec. (d)(2). Pub. L. 104-155, Sec. 3(4)(C), added par. (2).    Former par. (2) redesignated (3).      Subsec. (d)(3). Pub. L. 104-155, Sec. 3(4)(A), (B), redesignated    par. (2) as (3), inserted “to any person, including any public    safety officer performing duties as a direct or proximate result of    conduct prohibited by this section,” after “bodily injury” and    substituted “20 years” for “ten years”. Former par. (3)    redesignated (4).      Subsec. (d)(4). Pub. L. 104-155, Sec. 3(4)(B), redesignated par.    (3) as (4).      Subsec. (e). Pub. L. 104-294, Sec. 601(c)(3), as amended by Pub.    L. 107-273, Sec. 4002(e)(4), substituted “certification” for    “notification”.      Pub. L. 104-155, Sec. 3(2), redesignated subsec. (d) as (e).    Former subsec. (e) redesignated (f).      Subsec. (f). Pub. L. 104-155, Sec. 3(2), (5), redesignated    subsec. (e) as (f), inserted “, including fixtures or religious    objects contained within a place of religious worship” before the    period, and substituted “religious real property” for “religious    property” in two places.      Subsec. (g). Pub. L. 104-155, Sec. 3(6), added subsec. (g).      1994 – Subsec. (c)(1). Pub. L. 103-322, Sec. 320103(d)(1),    inserted “from acts committed in violation of this section or if    such acts include kidnapping or an attempt to kidnap, aggravated    sexual abuse or an attempt to commit aggravated sexual abuse, or an    attempt to kill” after “death results”.      Pub. L. 103-322, Sec. 60006(d), inserted “, or may be sentenced    to death” after “or both”.      Subsec. (c)(2). Pub. L. 103-322, Sec. 320103(d)(2), struck out    “serious” before “bodily” and inserted “from the acts committed in    violation of this section or if such acts include the use,    attempted use, or threatened use of a dangerous weapon, explosives,    or fire” after “injury results”.      Subsec. (e). Pub. L. 103-322, Sec. 320103(d)(3), amended subsec.    (e) generally. Prior to amendment, subsec. (e) read as follows: “As    used in this section –         “(1) the term ‘religious real property’ means any church,      synagogue, mosque, religious cemetery, or other religious real      property; and        “(2) the term ‘serious bodily injury’ means bodily injury that      involves a substantial risk of death, unconsciousness, extreme      physical pain, protracted and obvious disfigurement, or      protracted loss or impairment of the function of a bodily member,      organ, or mental faculty.”                      EFFECTIVE DATE OF 2002 AMENDMENT                       Pub. L. 107-273, div. B, title IV, Sec. 4002(c)(1), Nov. 2, 2002,    116 Stat. 1808, provided that the amendment made by section    4002(c)(1) is effective Oct. 11, 1996.      Pub. L. 107-273, div. B, title IV, Sec. 4002(e)(4), Nov. 2, 2002,    116 Stat. 1810, provided that the amendment made by section    4002(e)(4) is effective Oct. 11, 1996.                           CONGRESSIONAL FINDINGS                            Section 2 of Pub. L. 104-155 provided that: “The Congress finds    the following:        “(1) The incidence of arson or other destruction or vandalism      of places of religious worship, and the incidence of violent      interference with an individual’s lawful exercise or attempted      exercise of the right of religious freedom at a place of      religious worship pose a serious national problem.        “(2) The incidence of arson of places of religious worship has      recently increased, especially in the context of places of      religious worship that serve predominantly African-American      congregations.        “(3) Changes in Federal law are necessary to deal properly with      this problem.        “(4) Although local jurisdictions have attempted to respond to      the challenges posed by such acts of destruction or damage to      religious property, the problem is sufficiently serious,      widespread, and interstate in scope to warrant Federal      intervention to assist State and local jurisdictions.        “(5) Congress has authority, pursuant to the Commerce Clause of      the Constitution, to make acts of destruction or damage to      religious property a violation of Federal law.        “(6) Congress has authority, pursuant to section 2 of the 13th      amendment to the Constitution, to make actions of private      citizens motivated by race, color, or ethnicity that interfere      with the ability of citizens to hold or use religious property      without fear of attack, violations of Federal criminal law.” -End-   -CITE-    18 USC Sec. 248                                             01/03/2012 (112-90) -EXPCITE-    TITLE 18 – CRIMES AND CRIMINAL PROCEDURE    PART I – CRIMES    CHAPTER 13 – CIVIL RIGHTS -HEAD-    Sec. 248. Freedom of access to clinic entrances -STATUTE-      (a) Prohibited Activities. – Whoever –         (1) by force or threat of force or by physical obstruction,      intentionally injures, intimidates or interferes with or attempts      to injure, intimidate or interfere with any person because that      person is or has been, or in order to intimidate such person or      any other person or any class of persons from, obtaining or      providing reproductive health services;        (2) by force or threat of force or by physical obstruction,      intentionally injures, intimidates or interferes with or attempts      to injure, intimidate or interfere with any person lawfully      exercising or seeking to exercise the First Amendment right of      religious freedom at a place of religious worship; or        (3) intentionally damages or destroys the property of a      facility, or attempts to do so, because such facility provides      reproductive health services, or intentionally damages or      destroys the property of a place of religious worship,     shall be subject to the penalties provided in subsection (b) and    the civil remedies provided in subsection (c), except that a parent    or legal guardian of a minor shall not be subject to any penalties    or civil remedies under this section for such activities insofar as    they are directed exclusively at that minor.      (b) Penalties. – Whoever violates this section shall –         (1) in the case of a first offense, be fined in accordance with      this title, or imprisoned not more than one year, or both; and        (2) in the case of a second or subsequent offense after a prior      conviction under this section, be fined in accordance with this      title, or imprisoned not more than 3 years, or both;     except that for an offense involving exclusively a nonviolent    physical obstruction, the fine shall be not more than $10,000 and    the length of imprisonment shall be not more than six months, or    both, for the first offense; and the fine shall, notwithstanding    section 3571, be not more than $25,000 and the length of    imprisonment shall be not more than 18 months, or both, for a    subsequent offense; and except that if bodily injury results, the    length of imprisonment shall be not more than 10 years, and if    death results, it shall be for any term of years or for life.      (c) Civil Remedies. –         (1) Right of action. –           (A) In general. – Any person aggrieved by reason of the        conduct prohibited by subsection (a) may commence a civil        action for the relief set forth in subparagraph (B), except        that such an action may be brought under subsection (a)(1) only        by a person involved in providing or seeking to provide, or        obtaining or seeking to obtain, services in a facility that        provides reproductive health services, and such an action may        be brought under subsection (a)(2) only by a person lawfully        exercising or seeking to exercise the First Amendment right of        religious freedom at a place of religious worship or by the        entity that owns or operates such place of religious worship.          (B) Relief. – In any action under subparagraph (A), the court        may award appropriate relief, including temporary, preliminary        or permanent injunctive relief and compensatory and punitive        damages, as well as the costs of suit and reasonable fees for        attorneys and expert witnesses. With respect to compensatory        damages, the plaintiff may elect, at any time prior to the        rendering of final judgment, to recover, in lieu of actual        damages, an award of statutory damages in the amount of $5,000        per violation.         (2) Action by attorney general of the united states. –           (A) In general. – If the Attorney General of the United        States has reasonable cause to believe that any person or group        of persons is being, has been, or may be injured by conduct        constituting a violation of this section, the Attorney General        may commence a civil action in any appropriate United States        District Court.          (B) Relief. – In any action under subparagraph (A), the court        may award appropriate relief, including temporary, preliminary        or permanent injunctive relief, and compensatory damages to        persons aggrieved as described in paragraph (1)(B). The court,        to vindicate the public interest, may also assess a civil        penalty against each respondent –             (i) in an amount not exceeding $10,000 for a nonviolent          physical obstruction and $15,000 for other first violations;          and            (ii) in an amount not exceeding $15,000 for a nonviolent          physical obstruction and $25,000 for any other subsequent          violation.         (3) Actions by state attorneys general. –           (A) In general. – If the Attorney General of a State has        reasonable cause to believe that any person or group of persons        is being, has been, or may be injured by conduct constituting a        violation of this section, such Attorney General may commence a        civil action in the name of such State, as parens patriae on        behalf of natural persons residing in such State, in any        appropriate United States District Court.          (B) Relief. – In any action under subparagraph (A), the court        may award appropriate relief, including temporary, preliminary        or permanent injunctive relief, compensatory damages, and civil        penalties as described in paragraph (2)(B).       (d) Rules of Construction. – Nothing in this section shall be    construed –         (1) to prohibit any expressive conduct (including peaceful      picketing or other peaceful demonstration) protected from legal      prohibition by the First Amendment to the Constitution;        (2) to create new remedies for interference with activities      protected by the free speech or free exercise clauses of the      First Amendment to the Constitution, occurring outside a      facility, regardless of the point of view expressed, or to limit      any existing legal remedies for such interference;        (3) to provide exclusive criminal penalties or civil remedies      with respect to the conduct prohibited by this section, or to      preempt State or local laws that may provide such penalties or      remedies; or        (4) to interfere with the enforcement of State or local laws      regulating the performance of abortions or other reproductive      health services.       (e) Definitions. – As used in this section:        (1) Facility. – The term “facility” includes a hospital,      clinic, physician’s office, or other facility that provides      reproductive health services, and includes the building or      structure in which the facility is located.        (2) Interfere with. – The term “interfere with” means to      restrict a person’s freedom of movement.        (3) Intimidate. – The term “intimidate” means to place a person      in reasonable apprehension of bodily harm to him- or herself or      to another.        (4) Physical obstruction. – The term “physical obstruction”      means rendering impassable ingress to or egress from a facility      that provides reproductive health services or to or from a place      of religious worship, or rendering passage to or from such a      facility or place of religious worship unreasonably difficult or      hazardous.        (5) Reproductive health services. – The term “reproductive      health services” means reproductive health services provided in a      hospital, clinic, physician’s office, or other facility, and      includes medical, surgical, counselling or referral services      relating to the human reproductive system, including services      relating to pregnancy or the termination of a pregnancy.        (6) State. – The term “State” includes a State of the United      States, the District of Columbia, and any commonwealth,      territory, or possession of the United States. -SOURCE-    (Added Pub. L. 103-259, Sec. 3, May 26, 1994, 108 Stat. 694;    amended Pub. L. 103-322, title XXXIII, Sec. 330023(a)(2), (3),    Sept. 13, 1994, 108 Stat. 2150.)  -MISC1-                                AMENDMENTS                                  1994 – Pub. L. 103-322, Sec. 330023(a)(2), amended section    catchline generally. Prior to amendment, catchline read as follows:    “Sec. 248 Freedom of Access to Clinic Entrances.”      Subsec. (b). Pub. L. 103-322, Sec. 330023(a)(3), in concluding    provisions, inserted “, notwithstanding section 3571,” before “be    not more than $25,000″.                      EFFECTIVE DATE OF 1994 AMENDMENT                       Section 330023(b) of Pub. L. 103-322 provided that: “The    amendments made by this subsection (a) [amending this section]    shall take effect on the date of enactment of the Freedom of Access    to Clinic Entrances Act of 1994 [May 26, 1994].”                               EFFECTIVE DATE                                Section 6 of Pub. L. 103-259 provided that: “This Act [see Short    Title note below] takes effect on the date of the enactment of this    Act [May 26, 1994], and shall apply only with respect to conduct    occurring on or after such date.”                                 SHORT TITLE                                  Section 1 of Pub. L. 103-259 provided that: “This Act [enacting    this section and provisions set out as notes under this section]    may be cited as the ‘Freedom of Access to Clinic Entrances Act of    1994′.”                         SEVERABILITY OF PROVISIONS                          Section 5 of Pub. L. 103-259 provided that: “If any provision of    this Act [see Short Title note above], an amendment made by this    Act, or the application of such provision or amendment to any    person or circumstance is held to be unconstitutional, the    remainder of this Act, the amendments made by this Act, and the    application of the provisions of such to any other person or    circumstance shall not be affected thereby.”                     CONGRESSIONAL STATEMENT OF PURPOSE                      Section 2 of Pub. L. 103-259 provided that: “Pursuant to the    affirmative power of Congress to enact this legislation under    section 8 of article I of the Constitution, as well as under    section 5 of the fourteenth amendment to the Constitution, it is    the purpose of this Act [see Short Title note above] to protect and    promote the public safety and health and activities affecting    interstate commerce by establishing Federal criminal penalties and    civil remedies for certain violent, threatening, obstructive and    destructive conduct that is intended to injure, intimidate or    interfere with persons seeking to obtain or provide reproductive    health services.” -End-   -CITE-    18 USC Sec. 249                                             01/03/2012 (112-90) -EXPCITE-    TITLE 18 – CRIMES AND CRIMINAL PROCEDURE    PART I – CRIMES    CHAPTER 13 – CIVIL RIGHTS -HEAD-    Sec. 249. Hate crime acts -STATUTE-      (a) In General. –         (1) Offenses involving actual or perceived race, color,      religion, or national origin. – Whoever, whether or not acting      under color of law, willfully causes bodily injury to any person      or, through the use of fire, a firearm, a dangerous weapon, or an      explosive or incendiary device, attempts to cause bodily injury      to any person, because of the actual or perceived race, color,      religion, or national origin of any person –           (A) shall be imprisoned not more than 10 years, fined in        accordance with this title, or both; and          (B) shall be imprisoned for any term of years or for life,        fined in accordance with this title, or both, if –             (i) death results from the offense; or            (ii) the offense includes kidnapping or an attempt to          kidnap, aggravated sexual abuse or an attempt to commit          aggravated sexual abuse, or an attempt to kill.         (2) Offenses involving actual or perceived religion, national      origin, gender, sexual orientation, gender identity, or      disability. –           (A) In general. – Whoever, whether or not acting under color        of law, in any circumstance described in subparagraph (B) or        paragraph (3), willfully causes bodily injury to any person or,        through the use of fire, a firearm, a dangerous weapon, or an        explosive or incendiary device, attempts to cause bodily injury        to any person, because of the actual or perceived religion,        national origin, gender, sexual orientation, gender identity,        or disability of any person –             (i) shall be imprisoned not more than 10 years, fined in          accordance with this title, or both; and            (ii) shall be imprisoned for any term of years or for life,          fined in accordance with this title, or both, if –               (I) death results from the offense; or              (II) the offense includes kidnapping or an attempt to            kidnap, aggravated sexual abuse or an attempt to commit            aggravated sexual abuse, or an attempt to kill.           (B) Circumstances described. – For purposes of subparagraph        (A), the circumstances described in this subparagraph are that –                     (i) the conduct described in subparagraph (A) occurs during          the course of, or as the result of, the travel of the          defendant or the victim –               (I) across a State line or national border; or              (II) using a channel, facility, or instrumentality of            interstate or foreign commerce;             (ii) the defendant uses a channel, facility, or          instrumentality of interstate or foreign commerce in          connection with the conduct described in subparagraph (A);            (iii) in connection with the conduct described in          subparagraph (A), the defendant employs a firearm, dangerous          weapon, explosive or incendiary device, or other weapon that          has traveled in interstate or foreign commerce; or            (iv) the conduct described in subparagraph (A) –               (I) interferes with commercial or other economic activity            in which the victim is engaged at the time of the conduct;            or              (II) otherwise affects interstate or foreign commerce.         (3) Offenses occurring in the special maritime or territorial      jurisdiction of the united states. – Whoever, within the special      maritime or territorial jurisdiction of the United States,      engages in conduct described in paragraph (1) or in paragraph      (2)(A) (without regard to whether that conduct occurred in a      circumstance described in paragraph (2)(B)) shall be subject to      the same penalties as prescribed in those paragraphs.        (4) Guidelines. – All prosecutions conducted by the United      States under this section shall be undertaken pursuant to      guidelines issued by the Attorney General, or the designee of the      Attorney General, to be included in the United States Attorneys’      Manual that shall establish neutral and objective criteria for      determining whether a crime was committed because of the actual      or perceived status of any person.       (b) Certification Requirement. –         (1) In general. – No prosecution of any offense described in      this subsection may be undertaken by the United States, except      under the certification in writing of the Attorney General, or a      designee, that –           (A) the State does not have jurisdiction;          (B) the State has requested that the Federal Government        assume jurisdiction;          (C) the verdict or sentence obtained pursuant to State        charges left demonstratively unvindicated the Federal interest        in eradicating bias-motivated violence; or          (D) a prosecution by the United States is in the public        interest and necessary to secure substantial justice.         (2) Rule of construction. – Nothing in this subsection shall be      construed to limit the authority of Federal officers, or a      Federal grand jury, to investigate possible violations of this      section.       (c) Definitions. – In this section –         (1) the term “bodily injury” has the meaning given such term in      section 1365(h)(4) of this title, but does not include solely      emotional or psychological harm to the victim;        (2) the term “explosive or incendiary device” has the meaning      given such term in section 232 of this title;        (3) the term “firearm” has the meaning given such term in      section 921(a) of this title;        (4) the term “gender identity” means actual or perceived gender-      related characteristics; and        (5) the term “State” includes the District of Columbia, Puerto      Rico, and any other territory or possession of the United States.       (d) Statute of Limitations. –         (1) Offenses not resulting in death. – Except as provided in      paragraph (2), no person shall be prosecuted, tried, or punished      for any offense under this section unless the indictment for such      offense is found, or the information for such offense is      instituted, not later than 7 years after the date on which the      offense was committed.        (2) Death resulting offenses. – An indictment or information      alleging that an offense under this section resulted in death may      be found or instituted at any time without limitation. -SOURCE-    (Added and amended Pub. L. 111-84, div. E, Secs. 4707(a), 4711,    Oct. 28, 2009, 123 Stat. 2838, 2842.)  -MISC1-                                AMENDMENTS                                  2009 – Subsec. (a)(4). Pub. L. 111-84, Sec. 4711, added par. (4).                                SEVERABILITY                                 Pub. L. 111-84, div. E, Sec. 4709, Oct. 28, 2009, 123 Stat. 2841,    provided that: “If any provision of this division [enacting this    section and section 1389 of this title and sections 3716 and 3716a    of Title 42, The Public Health and Welfare, amending this section,    enacting provisions set out as notes under this section and section    3716 of Title 42, and amending provisions set out as a note under    section 534 and provisions listed in a table relating to sentencing    guidelines set out under section 994 of Title 28, Judiciary and    Judicial Procedure], an amendment made by this division, or the    application of such provision or amendment to any person or    circumstance is held to be unconstitutional, the remainder of this    division, the amendments made by this division, and the application    of the provisions of such to any person or circumstance shall not    be affected thereby.”                            RULE OF CONSTRUCTION                             Pub. L. 111-84, div. E, Sec. 4710, Oct. 28, 2009, 123 Stat. 2841,    provided that: “For purposes of construing this division [see    Severability note above] and the amendments made by this division    the following shall apply:        “(1) In general. – Nothing in this division shall be construed      to allow a court, in any criminal trial for an offense described      under this division or an amendment made by this division, in the      absence of a stipulation by the parties, to admit evidence of      speech, beliefs, association, group membership, or expressive      conduct unless that evidence is relevant and admissible under the      Federal Rules of Evidence. Nothing in this division is intended      to affect the existing rules of evidence.        “(2) Violent acts. – This division applies to violent acts      motivated by actual or perceived race, color, religion, national      origin, gender, sexual orientation, gender identity, or      disability of a victim.        “(3) Construction and application. – Nothing in this division,      or an amendment made by this division, shall be construed or      applied in a manner that infringes any rights under the first      amendment to the Constitution of the United States. Nor shall      anything in this division, or an amendment made by this division,      be construed or applied in a manner that substantially burdens a      person’s exercise of religion (regardless of whether compelled      by, or central to, a system of religious belief), speech,      expression, or association, unless the Government demonstrates      that application of the burden to the person is in furtherance of      a compelling governmental interest and is the least restrictive      means of furthering that compelling governmental interest, if      such exercise of religion, speech, expression, or association was      not intended to –           “(A) plan or prepare for an act of physical violence; or          “(B) incite an imminent act of physical violence against        another.        “(4) Free expression. – Nothing in this division shall be      construed to allow prosecution based solely upon an individual’s      expression of racial, religious, political, or other beliefs or      solely upon an individual’s membership in a group advocating or      espousing such beliefs.        “(5) First amendment. – Nothing in this division, or an      amendment made by this division, shall be construed to diminish      any rights under the first amendment to the Constitution of the      United States.        “(6) Constitutional protections. – Nothing in this division      shall be construed to prohibit any constitutionally protected      speech, expressive conduct or activities (regardless of whether      compelled by, or central to, a system of religious belief),      including the exercise of religion protected by the first      amendment to the Constitution of the United States and peaceful      picketing or demonstration. The Constitution of the United States      does not protect speech, conduct or activities consisting of      planning for, conspiring to commit, or committing an act of      violence.”                                  FINDINGS                                   Pub. L. 111-84, div. E, Sec. 4702, Oct. 28, 2009, 123 Stat. 2835,    provided that: “Congress makes the following findings:        “(1) The incidence of violence motivated by the actual or      perceived race, color, religion, national origin, gender, sexual      orientation, gender identity, or disability of the victim poses a      serious national problem.        “(2) Such violence disrupts the tranquility and safety of      communities and is deeply divisive.        “(3) State and local authorities are now and will continue to      be responsible for prosecuting the overwhelming majority of      violent crimes in the United States, including violent crimes      motivated by bias. These authorities can carry out their      responsibilities more effectively with greater Federal      assistance.        “(4) Existing Federal law is inadequate to address this      problem.        “(5) A prominent characteristic of a violent crime motivated by      bias is that it devastates not just the actual victim and the      family and friends of the victim, but frequently savages the      community sharing the traits that caused the victim to be      selected.        “(6) Such violence substantially affects interstate commerce in      many ways, including the following:          “(A) The movement of members of targeted groups is impeded,        and members of such groups are forced to move across State        lines to escape the incidence or risk of such violence.          “(B) Members of targeted groups are prevented from purchasing        goods and services, obtaining or sustaining employment, or        participating in other commercial activity.          “(C) Perpetrators cross State lines to commit such violence.          “(D) Channels, facilities, and instrumentalities of        interstate commerce are used to facilitate the commission of        such violence.          “(E) Such violence is committed using articles that have        traveled in interstate commerce.        “(7) For generations, the institutions of slavery and      involuntary servitude were defined by the race, color, and      ancestry of those held in bondage. Slavery and involuntary      servitude were enforced, both prior to and after the adoption of      the 13th amendment to the Constitution of the United States,      through widespread public and private violence directed at      persons because of their race, color, or ancestry, or perceived      race, color, or ancestry. Accordingly, eliminating racially      motivated violence is an important means of eliminating, to the      extent possible, the badges, incidents, and relics of slavery and      involuntary servitude.        “(8) Both at the time when the 13th, 14th, and 15th amendments      to the Constitution of the United States were adopted, and      continuing to date, members of certain religious and national      origin groups were and are perceived to be distinct ‘races’.      Thus, in order to eliminate, to the extent possible, the badges,      incidents, and relics of slavery, it is necessary to prohibit      assaults on the basis of real or perceived religions or national      origins, at least to the extent such religions or national      origins were regarded as races at the time of the adoption of the      13th, 14th, and 15th amendments to the Constitution of the United      States.        “(9) Federal jurisdiction over certain violent crimes motivated      by bias enables Federal, State, and local authorities to work      together as partners in the investigation and prosecution of such      crimes.        “(10) The problem of crimes motivated by bias is sufficiently      serious, widespread, and interstate in nature as to warrant      Federal assistance to States, local jurisdictions, and Indian      tribes.”      [For definitions of “State” and “local” used in section 4702 of    Pub. L. 111-84, set out above, see section 4703(b) of Pub. L. 111-    84, set out as a note under section 3716 of Title 42, The Public    Health and Welfare.] -End-

 

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.

DEA Code of Regulations

DEA Code of Regulations

The listing of peyote as a controlled substance in Schedule I, does not apply to the non drug use of peyote in bona fide religious ceremonies of the Native American Church, and members of the Native American Church

 

TITLE 21 – FOOD AND DRUGS
CHAPTER II – DRUG ENFORCEMENT ADMINISTRATION, DEPARTMENT OF JUSTICE
PART 1307 – MISCELLANEOUS
1307.31 – Native American Church.
The listing of peyote as a controlled substance in Schedule I, does not apply to the non drug use of peyote in bona fide religious ceremonies of the Native American Church, and members of the Native American Church so using peyote are exempt from registration. Any person who manufactures peyote for or distributes peyote to the Native American Church, however, is required to obtain registration annually and to comply with all other requirements of law.

Dept. of Justice

POA/HOA and the Fair Housing Act

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

 

Click this link to file your complaint:  www.hud.gov

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.

Sorry sir, this part of the forest is not zoned for religious use
Sorry sir, this part of the forest is not zoned for religious use

“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 POA’s 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.

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♥ 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.

Antique-Patriotic-Eagle-Image-GraphicsFairy

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
thCir. 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.

Jamestown, America's first Property Owners Association.

Jamestown, America’s first Property Owners Association.

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

stock-illustration-15495289-early-american-advertising-antique-woodblock-illustrations

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.

stock-illustration-13883965-american-eagle-early-woodblock-illustrations (1)

How can a renter file a discrimination complaint?

A POA-HOA member who thinks that an HOA 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. (POA-HOA members must file the complaint within one year of the alleged discriminatory act.)

HUD will provide a complaint form (POA-HOA members 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 HOA 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.

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To read The Fair Housing Act Click here!

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.

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

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.

 

 stock-illustration-13883965-american-eagle-early-woodblock-illustrations (1)

 § 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.

EXPAND IMAGE

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:

 

 

 

歌唱石

歌唱石是一种精神的组织,致力于保护我们的本土遗产。这是一种荣誉和喜悦分享这个古老的沿袭,通过这些方式体现的神奇体验到强大的重生。人们可以受益于真正的美国土著传统,无数的方法,通过拉科塔语歌曲的学习,参与汗屋仪式Chanupa(神圣的管子),(视觉任务仪式Yuwipi,Hanbleceya),成年礼,圣丹斯熊舞,以及所有夜踢被会议。

我们热忱欢迎您来体验我们所提供的丰富的精神的深刻。精神领袖,长老,医士和拉科塔酋长关于草药,精神绝杀,女人的智慧,所有关于自己的学习。重新发现从自己通过舞蹈,歌曲,仪式与艺术的内在动力和隐藏的潜力。

我们是一个地方的崇拜,愈合,学习和修养。如果你是认真的学习和参与红色路径,或只是想体验美国本土仪式联系我们,请访问我们的日历事件,务虚会和班级的好时机访问(见我们的位置“页)。歌唱石广泛遍及美洲旅行,请与我们有关您所在地区的事件!

唱歌的石头是一个神圣的地方保管的古代土著拉科塔方式,在各族人民的心,重新点燃了这片土地的精神,火焰咆哮的永恒之火,燃烧了自己的错觉。通过他噼里啪啦的声音,祖父消防劝告我们与他的温暖,教学传统和权力的谦卑与尊重。

我们是一个家庭的不起眼的石头,一展歌喉岩踢被,其中祖母地球,马卡祖母,唱的歌曲几乎失去了智慧。她告诉我们,从自己的故事,白水牛牛犊少女的秘密,她携带她的圣药束。她低声的教导深不可测工业化的心灵的小人物和其他的东西。她呼吸到我们神圣的生命气息,通过我们的骨骼中空呼啸的大风非附件,无可挑剔的风,我们的祖先和曙光知识的一个崭新的世界。

在这个小屋的神圣生命的气息,流自己的宇宙的神秘妩媚的功率。从人的灵魂,她的教学鲜花其无言的网页朵朵沉默的智慧,徐徐展开的花瓣,我们的心。她的香味从圆漂移没有结束,一个永恒的箍为所有我们的关系,我们培养的传统。阿霍Mitakuye Oyasin!我们所有的人,我们有关系的。

我们是一群合作者代表许多不同阶层的生活。坐落在科罗拉多州的克雷斯通在该基地的桑格雷德克克里斯托山,我们很幸运,在这样一个令人肃然起敬一些神奇的设置分享这个古老的精神谱系。我们隶属于许多拉科塔精神的领导人,如哈罗德·白马汤普森行政罗伯特Kohel,史蒂芬Bluehorse,乔治·米勒Kickingbear,和奥雷利奥Diaz Tekpankalli的的。歌唱石是富埃戈神圣之火红色巨人的土地,我们是翱翔的鹰和北方的生命之树的根。

 

在这里歌唱石的故乡盛产次难言的魔力。一个神秘的,是深不可测到的现代解析的心灵。它可能似乎无视科学的过程或任何形式的审议。这是一个古老的精神远远早于人类语言的连接。歌唱石致力于维护西半球的最后连接到这些人类精神佣工。我们这样做是拉科塔语教礼仪歌曲,保护美国本土精神的做法和维护这些神圣的仪式的完整性。

我们已经达到了一个点时,在人类历史上曾被无数传统稀释驯化。在这些时间中,宗教已阉割其原有的权力,留下许多谱系站在作为一个空壳,他们曾经是什么。

这是猜测,但一个事实,即可以测量和计数。随着工业革命的兴起,一直存在一个神圣的时间,一场毁灭性的增加急剧下降,在平凡的时间。其自我与空间发生了同样的事情。我们都来自兑现广阔的空间,特别神圣的传统,我们都曾经神圣的地方,在我们的家园。现在,神圣的空间被限制的教堂建筑,其余的被科学不神圣的d视为地球。

在我们的现代文化我们练成难以置信的,我们从小就告诉记者,从某些事情使我相信,从而限制了我们的看法的解析的头脑。
它的目标是保护我们古老的血统歌唱石,我们欢迎所有谁是认真的求职者在这个美好的红色道路。

美国土著传统,谁的做法?人们来自各行各业和全球各个角落。像所有的传统和精神的做法,他们有增长的趋势。拉科塔传统在美洲原住民灵性方面,已经做了最好的。这是拉科塔人,因为一直与他人共享作为家族(Hunka),采用人,总是帮助别人,没有仇恨和判断。纳瓦霍已经很难产生兴趣,在他们的青春在实践中的传统仪式。既然他们已经不愿意通过自己的血亲,他们所遭受的彻底灭绝了许多重要的仪式在神圣的出路侧很近年来。如今的纳瓦霍都涉及到地球上的每一场比赛,来自各行各业。地球上大多数国家一样,他们的一小部分参与在拉科塔仪式的!

这是幻觉,土著传统,像人类学家皱着眉头在圣丹斯行政手术刀,而不是一个火石肉产品必须保持不变。人类学家已经完全忽略了一点,并不能看到支队固有的的非住宅灵性(依恋和感伤的家养动物)增强的实用性,智慧和水平。

真正的土著精神领袖有相同的道德和谦卑,因为大多数世界宗教。在第一世纪,基督教立即蔓延,从犹太拥抱希腊人,埃塞俄比亚人和任何人表示有兴趣,这是一种自然现象,到处都可以看到。天主教教皇是幽冥犹太,希腊或意大利,现在他是美洲印第安人的遗产!可能有人会说母语的灵性所不能比拟的基督教,即使它是大多数土著美国人所选择的路径。有人会说,犹太人在基督教的故事代表了良好的传统主义者,留在神圣的方式。没有什么可以进一步从真相,因为犹太人的传统一直向公众开放。连续人们都信仰皈依犹太教,总是有。这是一个男人并不少见,接受包皮环切手术,希望成为承认犹太教。他们也像纳瓦霍是国际化,全球化的公民!

路径神一样,你会发现他们所有的天主教和新教的版本,也有纯粹的原教旨主义者,神采飞扬的狂喜,以及无神论者谁认为他们是精神的,因为他们是一个宗教的一部分。他们都扮演着重要的角色,因为它确实需要各种!

我们都在不断提醒,我们的礼仪活动,情节诡异的变化不断变化的世界,我们生活在其中。有很多灵性一般的误解和乡亲这些天有不同的动机参与配发。它是我们的子孙后代不会污染土著的方式使他们驯化。这已经伤害了世界上最伟大的精神路径比其他任何东西,这是扭曲了我们的看法,我们带着我们超越这种生活的唯一!

是什么让土著传统的任何一种,如此强大的是,它们是野生和野性。他们访问的那部分人类心理,是由工业化不受干扰,这是对人类的神奇,迅速后退离我们以往任何时候都重要。许多新时代的理念会不同意这一点,但让我指出,他们是一个严格的人类驯化品种。任何动物驯养,甚至野生动物时,被关或例程时,他们往往滑入神经质的行为模式,就像生活在一个幻想世界。

许多人没有意识到,拉科塔人的圣丹斯是一个国际性的宗教,例如。市面上已经出现了许多强大的代表来自世界各地的拉科塔传统巫医和精神领袖。许多人都反对这个(大多非精神人)。这是真正的神秘人可能获得的精神如何移动,通过与传统的精神佣工,通过婚姻,协调和出生的,当它运行在家庭中的情况一样 Daniel Dunglas Home 。还有的情况下,有人出生完全具有神奇的权力以外的精神传统。

有几例人类脚印化石在石头上,任何地方从100万到9000万年的历史,见证人类真棒神秘,潜伏在我们人类的意识深处。现代美国本土灵性是在不断变化的,因为我们自己重新定义我们所知道的,所有灵性,无处不在!

最后剩下的土著传统的世界仍然有奇效,看似不可能的事情司空见惯。可悲的是,国内的宗教精神领袖,不能开始想象原住民的精神世界的现实(什么左)。

歌うストーンは、私たちネイティブ遺産保全に捧げ霊的な組織です。

歌うストーンは、私たちネイティブ遺産保全に捧げ霊的な組織です。それは名誉とこれらの方法によって例示魔法の強力な復活を体験するために、すべてのために、この古代の血統を共有する喜びです。一つはラコタ語で歌の学習を通じて、スウェットロッジセレモニー、Chanupa(聖なるパイプ)、Yuwipi儀式、Hanbleceya(ビジョンクエスト)、通過儀礼、サンダンス映画祭に参加することで、無数の方法で真の先住民のアメリカの伝統の恩恵を受けることができます、クマダンスだけでなく、オールナイトティピー会議。

我々は温かく私たちが提供しなければならない深刻な精神的な豊かさを体験するためにあなたを歓迎します。スピリチュアルリーダー、長老、ヒーラーとラコタチーフス漢方薬について、精神の伝承、女性の知恵と自分自身について、すべてのほとんどから学ぶ。インナーパワーとダンス、歌、儀式やアートを通して自分の中から隠された可能性を再発見。

私たちは、礼拝、癒し、学習と成果の場所です。あなたが学習し、赤のパスに巻き込ま真剣に考えているか、単にお問い合わせ先住民アメリカのセレモニーを体験したい場合は、(私たちの場所のページを参照)を訪問する良い時間のためのイベント、リトリートとクラスのための私達のカレンダーを確認してください。歌うストーンはアメリカ大陸を通して広範囲に渡って移動する、お住まいの地域でのイベントについての私達と確認してください!

歌う石自身の錯覚を離れて燃える、、すべての人々の心の中でうなり声永遠の火のために、この土地の精神をrekindles炎古代先住民族ラコタの方法の保管のための神聖な場所です。彼のパチパチ声を通して、祖父の火が力を持つ伝統と謙虚に敬意を教え、彼の暖かさで私たちを弁護。
我々は祖母地球、マカuncusの複数形は、ほとんど失われ知恵の歌を歌って謙虚な石、歌石のティピのホームです。彼女は私たちにホワイトバッファローカーフメイデン、彼女は彼女の神聖な医学バンドルに運ぶ秘密の自分自身の中から物語を、伝えます。彼女はささやき先進心に計り知れないリトルピープルや他のものの教えを。彼女は私たちの中空の骨を通してunattachmentの強風、私たちの先祖の非の打ちどころのない風と明るい新世界の夜明け知識を口笛​​、私たちに命の神聖な息を吹き込む。
生命の神聖な息のこのロッジ内宇宙自身の神秘的な女性パワーを流れている。人間の魂からの彼女の指導の花、サイレント知恵を開花その無言のページでは、徐々に私たちの心の花びらを展開。彼女の香りは私達が私達の関係のすべてのために育てている伝統の永遠のフープ、終了せずにサークルから漂う。アホMitakuye Oyasin!私たちのすべてが、我々は関連しています。
私たちは、人生のさまざまな歩みを表す協力者のグループです。クレストン、コロラド州サングレデクリスト山脈のふもとに位置し、我々はそのようないくつかの畏敬の念や魔法の設定で、この古代の霊的な血統を共有することが幸運です。我々はこのようなスティーブンBluehorse、ロバートKohel、チーフハロルドホワイトホーストンプソン、ジョージKickingbearミラー、およびアウレリオディアスTekpankalliできるだけ多くのラコタの精神的指導者と提携している。歌うストーンはフエゴグラドデItzachilatlan Norteamericanaですが、我々は高騰イーグルと命の木の北ルートである。

ここで歌うの石の家で莫大な時間の魔法があふれて。現代anylitical心に計り知れない謎。それはどんな種類の科学的なプロセスや精査を無視するように見えるかもしれません。それは人間の言語よりもはるかに年上の精神を持つ古代の接続です。歌う石は西半球で人類のこれらのスピリット·ヘルパーへの最後の接続のいくつかの保全に取り組んでいます。我々はアメリカの先住民族の精神的な慣行を維持することにより、ラコタ語で儀式の歌を教えることによって、これらの神聖な儀式の完全性を保護することでこれをやっている。
私たちは、数え切れないほどの伝統が家畜化の希釈の餌食に下落している人類の歴史のポイントに達しています。これらの時代に宗教は、彼らがするために使用されるものの単なるシェルとして立っている多くの系統を残して、元の電源の脱爪されました。
これは憶測ですが測定して計数することができるという事実はありません。産業革命の立ち上がりに神聖な時間の劇的な減少と世俗的な時間で壊滅的な増加があった。同じことは、宇宙との自己発生しました。我々はすべて、特に神聖なものとして広大なスペースを称える伝統から来て、我々はすべて私たちの家庭では神聖な場所を持っていた。今、神聖な空間は、科学によってデsacrilizedされていると見られ、地球の残りの部分と、教会の建物に限定されます。
我々は不信に条件付けされている我々の現代の文化では、我々はこのようanylitical心に私たちの知覚を制限し、特定の物事が信じさせていることを幼い頃から言われています。
それは私たちの古代の血統を維持するために歌うストーンの目標であり、我々はこの良い赤の道に深刻な求職者であるすべての人を歓迎します。
先住民アメリカの伝統を実践誰ですか?すべての人生の歩みと世界のすべてのコーナーからの人々。すべての伝統と精神的な慣行のように、彼らが成長する傾向がある。ネイティブアメリカンの精神性の面では、ラコタの伝統は、最善を尽くしています。ラコタの人々は、常に家族(Hunka)として採択され、人々が、他のユーザーと共有しており、常に憎しみと判断することなく、他の人を助けているので、これはそうです。ナバホ族は、伝統的な儀式の実践での若者の関心を生成するのに苦労してきました。彼らは自分の血縁の側うちそこに神聖な方法を渡すことに消極的であったので、彼らは非常に年再送に多くの重要な儀式の総絶滅に苦しんでいる。今日ナバホは、地球上のすべてのレースに関連しており、すべての人生の歩みから来る。地球のほとんどの国と同様に、それらの小さな割合はラコタceremonialsに関与している!

先住民族の伝統ではなくフリントナイフの外科メスで肉の提供を取ってダンスチーフにわたってしかめ人類学者のように、変わらなければならないことを、この錯覚があります。人為は完全にポイントを逃しており、実用性、知恵、非国産霊(アタッチメントと感傷が家畜に強化されています)に固有の剥離のレベルを見ることができません。

真の先住民の精神的指導者は、世界の宗教のほとんどと同じ倫理と謙虚さを持っている。ギリシア人は、エチオピアと関心を表明し、他のいずれかを採用するユダヤ人であることから広がった最初の世紀には、キリスト教は、直ちに、これはどこでも見ることができる自然現象です。カトリックの教皇は、彼がアメリカインディアンの遺産の一つだ今地獄、ユダヤ人のギリシャ語、またはイタリア語です!一つは、それがほとんどのネイティブアメリカンの選択されたパスであるにもかかわらずそのネイティブ霊がキリスト教に比較することができないと主張するかもしれません。いくつかは、キリスト教の物語の中でユダヤ人は神聖な方法に沿って滞在し、良い伝統を表したと言うでしょう。ユダヤ教の伝統は、常に一般に公開されているため、何も真実から遠いことができなかった。人々は、すべての宗教は、継続的にユダヤ教に変換し、常に持っている。男がユダヤ教に入院になる期待して割礼の手術を受けることは珍しくありません。ナバホ同様に彼らはあまりにも国際的、グローバルな市民である!

神へのすべてのパスのように、あなたがそれらのすべてのカトリックとプロテスタントのバージョンを見つけることが、純粋主義者の原理主義者、精神いっぱい歓喜のものと同様に、彼らは宗教の一部であるため、彼らは精神的だと思う無神論者があります。それは本当にすべての種類を取るとして、それらのすべてが重要な役割を果たしている!

我々は常に我々が住んでいる変化に変化する世界の奇妙な状況で、私たちの冠婚葬祭、で思い出しています。一般的に精神性と人々についての誤解の多くは、これらの日は、関与しているため、異なる動機の割り当てるを持ってあります。これからの世代は、彼らが飼いならされたことで、土着の方法を汚染していないことを私たちに任されています。これは、より多くの他の任意のものよりも世界最大の精神的なパスを傷つけたものであった、それは、私たちはこの人生を越えて私たちと一緒に取る唯一のこと私たちの知覚の反りです!

どのようなので、強力な、あらゆる種類の、先住民の伝統になり、彼らが野生であるということですし、飼いならされていない。彼らはそれが迅速に離れて私たちから後退している魔法を保持するために、人類のためにこれまでに重要である工業化によって苦しめられている人間の精神のその部分にアクセスします。多くの新しい時代の哲学は、これに反対するが、私は彼らが人間の厳密に飼いならされた多様であることを指摘してみましょうと思います。どんな動物が飼いならされている、または野生動物がケージま​​たはルーチンにさらされている場合でも、それらは構成され幻想的な世界に住んでいるような、神経症的行動パターンに陥る傾向があります。とき

多くはラコタサンダンスは、例えば、国際的な宗教であることに気付いていない。世界中からラコタの伝統を代表する多くの強力な薬の男性と精神的な指導者が浮上している。多くの人々はこの(主に霊性を否定する人々)に反対している。それはダニエルDunglasホームの場合とあったように、それは家族の中で実行したときに人は、調整することによって、出生によって、婚姻を通じて、伝統との関連を通してスピリット·ヘルパーを取得することができる方法の精神の動き、本当に不思議です。誰かが完全に精神的な伝統の外に奇跡の力を持って生まれている場合もある。

石に化石人間の足の印刷物の事例の何百、任意の場所100万〜90万年前に、人類の素晴らしい謎の証、何私たち人間の意識の奥深くに潜んでいるがあります。我々我々の自己は、私たちが知っていることによって再定義されているように現代の先住民アメリカ震災は一定流動的であり、それはどこにでも、精神のすべてのために行く!

世界の唯一の最後に残った土着の伝統は今でも当たり前のように奇跡的な、一見不可能なものを持っている。国内の宗教の精神的な指導者たちは、悲しいことに、先住民の精神世界の現実を(それの左いただきました)想像して始めることはできません。