Federal Judge dismisses 12-step suit
Last updated Monday, July 30, 2007 6:58 PM CDT in News
By Ron Wood
THE MORNING NEWS
FAYETTEVILLE -- A federal lawsuit that contends being sentenced to a 12-step program for substance abuse amounts to government-forced participation in religion was dismissed Monday after a settlement was reached.
Mindy Gayle Offutt sued Rogers District Judge Doug Schrantz in U.S. District Court in Fayetteville in December 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 14th Amendment from forcing any person to participate in any religious activity."
The agreement reached between the parties calls for Schrantz to file an amended judgment in Offutt's case saying she doesn't have to attend the 12-step program, according to Doug Norwood, her attorney.
U.S. District Judge Jimm Hendren dismissed the case Monday.
Attorneys for Schrantz had asked the court to deny the motion to dismiss, grant Schrantz immunity and grant him judgment based on the pleadings filed to date in the case.
Schrantz had also argued that dismissal would unnecessarily exacerbate the present situation in which Schrantz recuses himself from hearing cases in which Norwood is representing a party in Benton County District Court.
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 sentenced that would be revoked if she failed to attend.
The suit contended that Schrantz' order requiring Offutt attend the meetings or go to jail is a violation of federal law.
Offutt contended all or most 12-step programs meet the definition of religion.
She attended one of the meetings before suing.
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sqirt wrote on Jul 31, 2007 3:38 PM: