Update on Spiritual Freedom Issue

Last Tuesday, we testified before a State Senate Committee regarding
inclusion of an exemption in the smoke-free law to allow smoke for religious
purposes. (We are Storm Reyes - Puyallup, Deb Moran - Kiowa, Ted Moran -
Port Gamble S'kallam/Makah (and something else I forget). We were given 1
min. 30 seconds each to talk. I won't go into details other than to say
that I was humbled and pleased by the support from the general Faith
Community. The Jewish Federation, Associated Ministries and Catholic
Council signed up to speak in support of our bill. Although they were not
allowed to speak, it is on the record nonetheless. The opponents main
argument is that the exemption will open up to big a loophole in the law, so
even though spiritual practices involving smoke will remain illegal, they
would be willing to use 'discretion' in enforcing the law with us. This did
not go over well with the Senators.

I believe we received a fair hearing from the Senators. The next steps
would be that it has to be voted out of their committee, referred to the
Rules Committee, voted out of that committee and sent to the floor for vote.
The exact same action has to happen in the House. And then, there must be a
2/3rds yes vote by the House and the Senate.

Frankly, this is not going to happen. The cut-off date for bills to leave
committees is soon, and our bill has not even been scheduled for hearing by
the House Committee. If by chance it does get scheduled, we're going to
need lots of emails to House legislators urging support.

And here's my funny story. We smudged outside the building before going in
for the hearing. Capital security smelled the smudge and thought we were
smoking dope and called the police on us. Two State Patrol officers came
into the hearing room looking for us. Nothing came of it, but I almost
ended up with a ticket...would have proved the point at least.

We were interviewed by reporters from the Seattle Times and the Olympian.
The articles are below. I was also asked for an on-camera interview by KIRO
news and declined.

Storm

Amendment sought to state smoking ban

By Karen Johnson
Seattle Times Olympia bureau, January 25, 2006

OLYMPIA - Storm Reyes regularly burns sage, willow bark and tobacco during
prayer ceremonies - a practice she worries is now illegal under the state's
new smoking ban.

On Tuesday Reyes, who has Puyallup tribal ancestry, burned sage just before
testifying at a Senate hearing in favor of a bill that would exempt
religious ceremonies from the anti-smoking law approved by voters in
November.

"The point is not to smoke it, it is to send it," said Reyes, who explained
how she uses smoke during the ceremonies.

Lawmakers in the Senate Labor, Commerce, Research and Development Committee
considered a bill to amend the law, which bans smoking in public buildings
and workplaces, as well as within 25 feet of doorways.

Supporters of the bill, SB-6213, say it restricts Native American religious
practices, such as pipe ceremonies that use tobacco.

Many of the ceremonies by urban tribes like the Puyallups are held in public
buildings off tribal land, said Sen. Debbie Regala, D-Tacoma, who sponsored
the bill.

Critics of Regala's bill say the exemption could be abused by smokers and
business owners.

"There are a lot of folks out there looking for loopholes in the existing
law," said Nick Federici, a spokesman for the American Lung Association,
which helped sponsor the anti-smoking initiative.

"I think they would be delighted to try to take advantage of a religious
loophole."

Opponents to Regala's bill also say the new no-smoking law targets tobacco,
not materials used in religious ceremonies.

But Jennifer Shaw, legislative director for the American Civil Liberties
Union, isn't so sure.

She said the anti-smoking law doesn't specify tobacco, so burning incense or
sage could be considered illegal. The ACLU supports the religious exemption.

Because the smoking ban was passed by an initiative, the bill must be
approved by a two-thirds vote of the House and Senate to become law.

If the exemption fails, Reyes said, she will sue the state.

Karen Johnson: 360-943-9882 or karenjohnson@seattletimes.com

Copyright © 2006 The Seattle Times Company


The Olympian, January 25, 2006
UPDATE
Senate Bill 6213, sponsored by Debbie Regala, D-Tacoma, would make a
religious exemption to Initiative 901, allowing smoking in public for
religious purposes.

The bill is being spearheaded by religious organizations such as the Jewish
Federation, the Catholic Conference and Associated Ministries.

Members of Washington state American Indian tribes testified at a public
hearing Tuesday as the main proponents for the exemption.

Storm Reyez of the Puyallup tribe said funerals, weddings, powwows and other
cultural or religious events usually require tobacco to be burned or smoked
in a public space during the ceremony.

"Tobacco is considered sacred and used for prayers," Reyez said.

The bill met opposition from the American Heart Association and the American
Lung Association.

"There would be unlimited cigarette and cigar smoking because people would
say it was part of their religion," said Chris Covert-Bowlds of the American
Lung Association. "It's well-meaning, but it has a loophole the size of a
truck in it."

"The point is, my prayer shouldn't be criminal," Reyez said. "No one wants
to live their spiritual life like that."