Jailed Wiccan man alleges discrimination See Photos Read Comments
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By Sergio Chapa
Tuesday, August 25, 2009 at 2:08 p.m.

Read more: Local, Crime, Politics, Strange, Charles Arthur Roberts, Wicca, Wiccan, Chaplain Juan Tovias, Assistant Warden Philip Lewis, Jason Clark, Texas Department of Criminal Justice, TDCJ, Lopez Unit, El Cibolo Road, Edinburg, Hidalgo County, Rio Grande Valley, Texas, Brownsville, Cameron County, Brownsville Police Department

A Wiccan man jailed in Edinburg has sued the Texas prison system based on claims that they refuse to accommodate the practice of his religious beliefs.

Charles Arthur Roberts filed a federal lawsuit against the Chaplaincy Department of the Texas Department of Criminal Justice.

Roberts alleges in a pro se lawsuit that he made repeated requests to practice Wicca to the chaplain and administrators at TDCJ’s Lopez Unit off El Cibolo Road in Edinburg.

Wicca is a pagan, nature-based religion.

The 28-year-old Brownsville native claims that prison administrators allow Catholic, Protestant and Moslem services but will not allow him to practice his Wiccan faith.

Roberts wrote in his lawsuit that administrators told him they needed a Wiccan volunteer to hold a service for him but claims that they never attempted to obtain a volunteer.

The jailed Wiccan claims he even tried to contact administrators at a state level but never received a reply.

“I have been dealing with the defendants for a year to get things for my religion but they have not tried to get anything started, which is a violation of my Constitutional rights,” Roberts wrote in his lawsuit.

Court records show that the lawsuit was filed before U.S. District Court Judge Randy Crane and names Chaplain Juan Tovias, Lopez Unit Assistant Warden Philip Lewis and TDCJ Chaplaincy Department.

TDCJ spokesman Jason Clark said the agency could not comment on the case due to the pending lawsuit.

A copy of the TDCJ “Offender Orientation Handbook” posted on the agency’s website states that  religious services and support are provided to all interested offenders.

The Chaplaincy Program’s overview states that services are provided based on demand, need and resources.

“It is the policy of the TDCJ to extend as much freedom as possible to pursue individual beliefs and practices consistent with security, safety and orderly conditions in the institution,” the overview stated.

TDCJ records show that Roberts was sentenced to five years in prison for an aggravated assault case from Cameron County.

Court courts show that Roberts was first arrested by Brownsville police for an aggravated assault case in January 2004.

His projected release date is December 26, 2011.

TDCJ records show that Roberts was eligible for parole in July 2007 but has remained in custody.

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9 Comments on this Story
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hmm...

Posted by Ellen Smith, CT - Tuesday, September 01, 2009 at 10:54 a.m.

I don't exactly know where to go with this. Maybe the assault wasn't very Wiccan of him, but humans make mistakes. Those inmates of other religions make mistakes too. They still get their religion. Isn't the basis of Christianity forgiveness? Right. And Christians are also supposed to LOVE everyone and ACCEPT everyone, yet gays can't get married and us Pagans are devil worshipers and should be converted. Ahh, the irony of the universe just grows and grows...
Anyway. People need to stop shooting off their mouths about him "not being very Wiccan" and get over it. A person made a mistake. Shit happens. Let the guy practice some kind of practice that makes him more comfortable and move on.

Stay out of Jail!

Posted by Jack Coltrain, Texas - Wednesday, August 26, 2009 at 9:51 p.m.

Here's an idea; stay out of jail and you can practice any religion you want.

But how is he not able to practice?

Posted by Dave of Pagan Centered Podcast, Houston, TX - Wednesday, August 26, 2009 at 4:41 p.m.

The article seems very light on details. In what way is he allegedly not allowed to practice? Is it a lack of having someone come in and do initiation - or is it because they don't let prisoners handle knives and swords? In prisons in Texas where Wiccan gatherings do take place, practices are modified to avoid tools and materials that prisoners are not permitted to possess. Is this what all this hooplah is about or is there a legitimate concern here - the article doesn't let us know.

When Will Common Sense Prevail?

Posted by Cori Scott, Massachusetts - Wednesday, August 26, 2009 at 10:09 a.m.

It strikes me as odd that no one else mentioned the utter lack of copyediting in this article. Anyway,
I may be alone in this, but every single time I hear of the words "constitutional rights" being uttered by anyone who is currently a guest of a county, state or federal penitentiary, my stomache turns over. There was a time, not so very long ago, when you lost the right to your rights when you were convicted of the offense that landed your sorry stupid ass in the slammer. So what if this yahoo can't practice his religion in prison... sounds like he's intelligent enough to understand that a certain amount of his "rights" will get revoked if he commits a crime worthy of a prison term. Sorry, that's just my opinion on the matter.

Ain't none of them in Texas?

Posted by Dan Tanner, Dominica - Wednesday, August 26, 2009 at 8:58 a.m.

Catholic, protestant & muslim services allowed. Whan, no Jewish services? Must be no Jews in TX, or at least none in prison. Are they all too honest, or too smart to get caught?

Seriously, the idea that there can be those 3 admits to the possibility that they are all wrong, and all religion is nonsense. Chaplains are a waste of taxpayer money.

excuse me.....

Posted by Dr. Cletus Goldstein, acworth ga - Wednesday, August 26, 2009 at 8:45 a.m.

You there Dr. Hubris.... last time I checked Christians and Muslims (etc) weren't supposed to be violent against others either. So take your head out of your backside before making such ridiculous comments.

Religion before crime?

Posted by R M, ATL - Wednesday, August 26, 2009 at 8:40 a.m.

Hopefully you would give the same advice to all believers in jail, whether they are Christian, Jewish, Muslim, etc. The world would be a much better place if people practiced their beliefs and let those of other faiths (or lack their of) do the same.

pagan

Posted by elizabeth brooks, galveston - Wednesday, August 26, 2009 at 8:30 a.m.

In response to the other comment about the prisoner not being very Wiccan, what about all the other prisoners that are so called Christian and Muslim. They have committed simmilar and worse crimes. But I say this, How VERY Christian and Muslim. I expect criminal behavior from Christians/Muslims.Our prisons and jails are crammed full of them. If you make accomadations for even one, make accomadations for all. Or the alternative which is the one I prefer, make accomadations for none. Organized religion is not needed, required or guaranteed in jail.

try being religious BEFORE doing something stupid

Posted by Dr. Taam St. Hubert, Dallas - Wednesday, August 26, 2009 at 7:08 a.m.

he should, by all means, be able to practice his religion of choice. BUT, for a "practicing" Wiccan, a "pagan nature based religion" as the article says, he needs to get his shit together and not go around assaulting people and ending up in jail. Not very Wiccan of him!!

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