Al, you might want to move Mooney over to the frauds section, at least that’s what the federal courts seem to think.
I was doing some research on the Native American Church in the library today and I came across this book, The Peyote Road, by Thomas Constantine Maroukis. Univ Oklahoma press 2010 ISBN 978-0-8061-4109-1
http://jah.oxfordjournals.org/content/97/3/888.1.fullIt’s got a lot of case law regarding the Native American Church in it and this part about James and Linda Mooney was interesting:
“A more vexing case is that of James and Linda Mooney of Utah, who were arrested by state authorities in 2000 and charged with twelve first-degree felonies for possession of 12,000 Peyote buttons. They are founders of the Oklevueha Earth Walks Native American Church of Utah. Mr. Mooney claims membership in the Oklevueha Band of Yamasee Seminoles, which is not federally recognized. The government claims the membership was obtained FRAUDULENTLY and the group has since revoked his membership. The Mooneys filed a countersuit claiming their home was entered illegally. The NAC (Native American Church) of North America opposed the Mooneys and DISAVOWED any connection to them. In 2004 the case reached the Utah Supreme Court, which ruled in the Mooney’s favor, much to the surprise of the Peyote community and federal officials. The court ruled that Utah law had incorporated the DEA’s exemption for the religious use of Peyote by members of the Native American Church and the Mooneys were using the name of the Native American Church. This had serious implications since it meant that the non-Indian members could not be prosecuted. The NAC of North America and its attorneys began an ACTIVE CAMPAIGN to have the Utah legislature close this loophole. Church officials went to Utah to meet with state legislators. At this point, the Department of Justice became involved and after the state charges were voided, federal officials arrested the Mooneys and charged them with breaking federal law in the distribution of Peyote as they were NOT members of a federally recognized tribe. Department of Justice officials negotiated with the Mooneys in 2006 and offered to drop all charges if they agreed never to acquire, use or distribute Peyote. On February 22, 2006 and agreement was signed. The case is of great concern to the NAC as it threatened their special exemption. In addition, if the Mooneys were ultimately successful in federal court, this could open up widespread use of Peyote and further threaten the supply.” (Maroukis, pp. 223-224)
The chapter goes on to show how prices have been driven up by demand from white seekers and it threatens the rights to religious freedom of legitimate Native Americans.
Throughout the book, it makes it clear that the Native American Church wants an exemption only to the drug laws for sacramental use of Peyote and ONLY for members of federally recognized tribes. From chapter 6:
“If a person is not a member of a federally recognized tribe, he or she can be arrested for the use of Peyote.” The leadership of the NAC of North America makes this clear. It is in their bylaws as well as the bylaws of the state NAC organizations.” For example, the Utah NAC bylaws are very specific. One must be a member of a federally recognized tribe. Not following the law could jeopardize the church. The NAC is unequivocal about this as it continually reminds the membership about this law.” (Maroukis, p. 226)
So all these claims about it being an issue of religious freedom for nons to run a brothel because some wannabe blessed the place is just pure nonsense. Legally, American Indians have a special political and legal relationship to the United States that outsiders do not have. The US government is obligated by law to protect Native religious freedom. Mooney hasn’t got a legal leg to stand on.
There’s also this on the net:
“Some people in Utah have made a mockery of Native American religion, making money in the guise of religious freedom," Oda told fellow members of the House Law Enforcement and Criminal Justice Standing Committee, which advanced the bill to the House by a unanimous vote. “
“Carma Nez, a Navajo who is vice president of the local Native American Church of North America, said she has used peyote in sacred ceremonies since she was a little girl. Through tears, Nez said she felt Mooney and his followers were "making a mockery of our way of life."
“Ute religious leader Clifford Duncan told committee members he was hurt that a legal loophole was allowing peyote to be used by members of the general public.”
"I'm saddened that people will trample on something so sacred to Native Americans," Duncan said. "We need to stop our culture from being exploited."
http://wwrn.org/articles/20151/?&place=north-america§ion=native-religionsIn their detention hearing a detective testifies that he believes the Mooneys provided fraudulent documents to the court. It's here:
http://scofacts.org/Mooney-18-transcript.htmlIt is also very interesting that the official Native American Church has moral and ethical standards derived from Christianity and one of the requirements for membership is that one lead a moral life (by Christian standards). Members of the legitimate Native American Church must live by the church’s moral code: lead a moral life and “must not lie or repeat falsehoods.” I believe that would exclude lying about being NDN, running religious scam, pimpin & whorin. Just sayin.
The source cited is :
“Couple agree to end peyote use if feds drop drug charges"
BY PAMELA MANSON
THE SALT LAKE TRIBUNE
PUBLISHED FEBRUARY 23, 2006 12:38 AM
http://www.sltrib.com/utah/ci_3537405There are rumors around Phoenix that some type of hallucinogenic drug such as Peyote was confiscated in last week’s raid. If those rumors are true, Mooney violated his deal with the feds. There are also rumors that at least one of the “goddesses” was HIV positive. This makes this offensive cultural theft a public health hazard as well. At least the legal brothels in Nevada are regulated by the health board.
http://en.wikipedia.org/wiki/Prostitution_in_Nevada The “church” didn’t have to test the “spiritual warriors” for diseases.
Another thing that occurred to me is that James Mooney may not even be his legal name, as James Mooney was the name of a Smithsonian ethnologist who studied the Ghost Dance and fought for the religious rights of Native Americans for the ceremonial use of Peyote in the early 1900s. He may have just appropriated this name. He is misrepresenting himself all over the internet as a member of the Native American Church, but the book says they disavow any relationship to him. He could be using a pseudonym to cover up past scams.
As an interesting footnote, Peyote use for “religious” purposes is legal in Arizona if you can produce a membership card in the Native American Church, but it is still illegal on the reservations.
There are layers and layers of harm that these wannabes do to Native people and to the people they victimize with their lies. Drug tourism harms legitimate Native religions in so many ways, but all of the comments from Phx liberals on the online stories are strongly in favor of the brothel.
I wouldn’t be surprised if the white courts and a predominantly white jury let them get away with a slap on the wrist. They’ll be in business in again in another state before you know it.
Rose
