Suit challenges court ordered 12-step programs
Constitutionality of forced participation in program questioned
Last updated Thursday, December 7, 2006 7:17 PM CST in News
By Ron Wood
The Morning News
FAYETTEVILLE -- A federal lawsuit filed Thursday contends being sentenced to a 12-step program for substance abuse amounts to government-forced participation in religion.
Mindy Gayle Offutt sued Rogers District Judge Doug Schrantz in U.S. District Court in Fayetteville, claiming the programs have a religious component as their central theme and require everyone to pray at the end of each meeting.
"An individual should be allowed to decide whether or not to accept a particular religion, or whether to accept any religion at all," according to the lawsuit filed by Doug Norwood, Offutt's attorney. "A government authority is prohibited by the First and Fourteenth Amendment from forcing any person to participate in any religious activity."
Offutt pleaded guilty to a misdemeanor charge of possession of a controlled substance in October in Rogers District Court.
Schrantz, according to the suit, ordered Offutt to attend 12 Narcotics Anonymous meetings. He also gave her a 30-day suspended jail sentence that would be revoked if she failed to attend.
The suit contends Schrantz' order that Offutt attend the meetings or go to jail is a clear violation of federal law.
Offutt contends all or most 12-step programs meet the definition of religion.
She attended one of the meetings before suing.
The suit seeks an injunction or permanent restraining order, so Offutt isn't forced to attend the remaining meetings, and unspecified compensatory damages.
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