An atheist in the United States has been awarded close to $2m in a settlement with California state and a nonprofit drug rehabilitation organisation for violating his religious freedoms. The atheist was imprisoned for over one year because he refused to submit to “a higher power” as part of a treatment programme.
Barry Hazle Jr., 46, spent a year behind bars for methamphetamine possession and upon being released on parole was ordered to take part in a 90 day residential drug treatment programme.
The San Francisco Chronicle reports that upon arrival at the programme Hazle was informed it was a 12-step programme, modelled on the famous Alcoholics Anonymous system, and would require Hazle, like all participants, to submit to a “higher power” at some point in the process.
When Hazle arrived at the centre he refused to participate in submitting to a higher power. The centre told him they were flexible and would not specify which higher power he had to submit to.
“They told me, 'Anything can be your higher power. Fake it till you make it,’” Hazle said.
Hazle, a lifelong atheists, still refused to participate – the programme would still include prayer and reference to God. He was sent to jail at the California Rehabilitation Centre in Norco for over 100 days.
Parole officers said they took the decision to put Hazle in the jail as they thought he was being “disruptive, though in a congenial way, to the staff as well as other students ... sort of passive-aggressive.”
Hazle sued the California Department of Corrections in 2007.
In 2010 a judge ruled that Hazle’s constitutional right for religious freedom had been violated, but the jury declined to award damages.
An appeal court ruled in 2013 that Hazle was entitled to compensation and ordered a retrial. Earlier this week Hazle was awarded $1.95m.
"I’m thrilled to finally have this case settled," Hazle told the Redding Record Searchlight. "It sends a clear message to people in a position of authority, like my parole agent, for example, that they not mandate religious programming for their parolees, and for anyone else, for that matter."