On The Front Lines
VICTORY: Responding to Rutherford Institute Lawsuit, Virginia Dept. of Corrections Agrees to Allow Prisoners Access to Non-Music Religious CDs
NORFOLK, Va. -- In response to a First Amendment lawsuit filed by The Rutherford Institute, the Virginia Department of Corrections (VDOC) has agreed to allow prisoners access to non-music religious compact discs which had been previously banned. According to the settlement, which was entered in the federal court action filed on behalf of prisoner Kyle Mabe, VDOC is required to implement a policy allowing all prisoners to request religious media containing spoken words through prison chaplains or other designated staff members. As part of the settlement, Mabe will also be permitted to obtain CDs with Christian sermons from a Kentucky religious publisher. The lawsuit, which was filed in February 2010 with the U.S. District Court for the Eastern District of Virginia, alleged that VDOC's policy forbidding non-music CDs violated the rights of inmates to receive information and practice their religion under the First and Fourteenth Amendments to the U.S. Constitution and the Religious Land Use and Institutionalized Persons Act.
"This is a tremendous victory for the First Amendment rights of prisoners," said John W. Whitehead, president of The Rutherford Institute. "The right to receive information and the right to religious freedom are rights that prisoners possess, and prison officials must respect those rights."
On September 2, 2009, while incarcerated at St. Brides Correctional Center in Chesapeake, Va., inmate Kyle Mabe sought to order a CD with a Christian sermon titled "Life Without a Cross" from Still Waters Ministries of Kentucky. That particular sermon, like most of the sermons offered for free by Still Waters Ministries, is available only on CD and not in written form. However, corrections officials refused to process Mabe's request, pointing out that prisoners are only permitted to receive "music CDs, no Sermons on CDs."
On September 7, Mabe filed an informal complaint with prison officials, explaining that his request for a sermon on CD had been denied, which in turn was restricting his ability to practice his Christian faith. Prison officials responded by citing a memorandum issued by John M. Jabe, Deputy Director for Operations of the Virginia Department of Corrections (VDOC), directing that inmates are allowed to receive only music CDs and that no sermons or other spoken word could be received by inmates on CDs. Mabe then filed a grievance with the warden, followed by an appeal, both of which were denied.
In February 2010, Institute attorneys filed a First Amendment lawsuit against VDOC on behalf of Mabe, charging that the prohibition on non-music CDs violated RLUIPA, a federal law forbidding corrections officials from imposing substantial burdens upon the religious exercise of prisoners unless officials are furthering a compelling interest. In response, the Department issued a new policy establishing that non-music CDs could be obtained by inmates, but only if the CD was available through a single source designated by the Department. Thereafter, a settlement was negotiated under which all of Still Waters Ministries sermon CDs were made available to Mabe through the Department's designated source, and the Department agreed to establish a new policy providing that when inmates cannot obtain religious media through the designated source they may request it through prison chaplains.
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