Archives For psychics

Sylvia Browne, Amanda Berry, and Psychic Arts

Jason Pitzl-Waters —  May 8, 2013 — 116 Comments

Earlier this week three missing Ohio women were found after one of them, Amanda Berry, managed to gain the attention of a neighbor from the home that had become their prison. Amanda Berry, Gina DeJesus, and Michelle Knight were held for over a decade, and police are now unraveling how it happened, and why the captives weren’t discovered sooner. In the midst of the media frenzy a variety of angles and personalities have emerged, including the involvement of infamous professional psychic Sylvia Browne. In 2004 Browne told Berry’s mother, Louwanna Miller, on The Montel Williams show, that her child was dead.

Sylvia Browne and Montel Williams.

Sylvia Browne and Montel Williams.

“She’s not alive, honey,” Sylvia Browne told her matter-of-factly. “Your daughter’s not the kind who wouldn’t call.”

Further, Browne said she saw a jacket with “DNA on it,” implying that Berry was murdered. This is not the first time that Browne, who enjoys a mini-empire built around her psychic predictions and spiritual teachings, has given bad predictions to grieving parents. In 2007, CNN explored the issue, prompting a defensive statement from her publicist.

“She cannot possibly be 100 percent correct in each and every one of her predictions. She has, during a career of over 50 years, helped literally tens of thousands of people.”

However, it’s one thing to be wrong about a new job, or if you’ll find true love this year, it’s another thing entirely to destroy (or lift up) the hopes of desperate parents. Louwanna Miller died of a heart attack in 2007, those who knew her said she was never the same after Browne’s prediction. She died never knowing the truth of what happened to Amanda. With this latest callous prediction proved wrong Greg Taylor at The Daily Grail lashed out at Browne, joining those who say the psychic must be stopped.

“I’m not an easy person to anger, but this list of cases gets my blood boiling, and here’s why: the incorrect calls I could live with, if it was offered privately just as a “I’ve got a feeling, but I could well be wrong”. But to go on TV, and tell these people outright the fate of their children in public – sometimes even rebuking them when they throw doubt on what you’re saying – is just wrong on so many levels. Perhaps some readers of this blog are Browne fans; I can’t apologise for my opinion. If there’s one skill I have, it’s being able to pick a person’s character very quickly, and Browne has always sent a shiver up my spine (for all the wrong reasons). The growing list of cases where she hurt families with misinformation only confirms my gut feeling.”

Browne is hardly alone in handing out these kind of predictions. Marc Klaas, whose daughter was abducted and murdered, said he was inundated with requests from psychics in the immediate aftermath. 

“I was insulated from most of them by family and police, but there had to be at least a dozen I personally dealt with. They hope you’ll pay them and they hope they’ll get really, really lucky and make a guess so close to the truth, they can say they solved it.” 

So with the near-miraculous return of these three women, we should ask the question of what divination, mediumship, and other predictive arts are for. How should we use them? In our interconnected communities divination is everywhere, as are psychic predictions and other intuitive arts. Should we be having a larger conversation about incidents like this? What moral responsibility do we have if we tell someone something that turns out to be horribly wrong? What do we do if our predictions actually turn out to hurt people instead of help them? Do we simply hold out examples of correct predictions as if they somehow balance the incorrect ones?

Assuming for a moment that Browne is sincere in her beliefs, and not an elaborate con artist, what kind of individual potentially gives thousands of bad predictions with little to no remorse? Were I in Browne’s position I would feel endlessly tormented over the people my predictions have hurt. I think incidents like this should call us collectively to examine how we practice, and in what contexts do we feel comfortable handing out predictions. I have no doubt that most Pagans engaging in psychic work are sincere, which calls me to ask how responsible they feel they are regarding life-or-death predictions, and what recourse do they engage in should a prediction turn tragic? Rather than become defensive, and work to distance ourselves from the hucksterisms of Browne, I think this is a call to introspection. How do we prevent ourselves from becoming the things that Browne now embodies to an outraged public?

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Unleash the Hounds! (Link Roundup)

Jason Pitzl-Waters —  April 26, 2013 — 13 Comments

There are lots of articles and essays of interest to modern Pagans out there, sometimes more than I can write about in-depth in any given week. So The Wild Hunt must unleash the hounds in order to round them all up.

"Psychostasia" by Daemonia Nymphe

“Psychostasia” by Daemonia Nymphe

  • The great Greek Pagan band Daemonia Nymphe have announced that their new album, “Psychostasia,” will be officially released on May 10th.  Quote: “Six years after ‘Krataia Asterope’ (2007) and many Live dates in Europe, the Greeks led by the duet Spyros Giasafakis & Evi Stergiou are back with their new album ‘Psychostasia’ (the “weighing” of souls by Gods). Since its origins the band uses instruments recreated from the Greek Antiquity [...] ‘Psychostasia’ takes us into the journey of a Life, the journey of a Soul. It starts with Zephiros (the god of Wind), then comes ‘Pnoe’ the breath that animates each thing … During the trip, we will meet Gaia, the forces of Nature, the moon dances for Selene and Eros, to finish into Hypnos’s dreams.” You can order and hear samples of the new album at Prikosnovenie.
  • The reality television program “Wife Swap” aired another episode featuring a Pagan family last night, but according to participant Arana Fireheart, the process from his standpoint was not exploitive. Quote: “[The casting director] reassured me that we would be given the chance to present ourselves as a normal happy family that just happen to be Witches and I trusted that he would keep his word.” So did anyone watch it? How was it? Let us know in the comments. I think it’s fair to say that the show hasn’t the best track record regarding Pagan families, so I’m interested to see if things have evolved. 
  • Stonehenge is looking for a part-time Solstice manager, which has gotten a bit of press attention. One of the qualifications is an ability to maintain good relations with Druid groups and other “stakeholders” who access the stones for special events. Quote: “As English Heritage’s Tim Reeve told the BBC, one of the General Manager’s subsidiary jobs will be to liaise with neo-druid leaders, helping to oversee arrangements for the ceremonies that those leaders conduct to celebrate the summer and winter solstices. The General Manager will work to guarantee, essentially, that the rocks of the 21st century remain as faithful as possible to the rocks of prehistory. It’s ‘important,’ Reeve notes, ‘to ensure we keep the dignity of the stones.’” You guys are lucky I’m not a UK citizen, or I’d have this thing locked up. 
  • A retired Russian Orthodox bishop has been deposed after it was revealed that he was giving psychic counseling at a New Age center in Russia. It seems a fair cop. The Orthodox news site that reported on the incident is in English, but the lingo, acronyms, and haughty triumphalism make it nearly indecipherable to the casual reader (I suppose some could argue the same about my site, though I try to remain accessible). 
  • This story is supposed to be satire, but I can actually imagine certain Heathens saying something like what’s quoted in the “article.” Quote: “It’s an insult to our religion, it is bad enough they turned our God of Thunder into a blond pretty boy in a unitard, but the lack of bloodshed makes a mockery of our beliefs.” You laugh now, just wait until they turn The Morrigan into a superhero character… oh, wait.
Photo: Time Magazine / EFE / ZUMAPRESS

Photo: Time Magazine / EFE / ZUMAPRESS

  • In a move that should surprise no one, the Vatican has made it clear that they really, really, don’t like Santa Muerte. Quote: “The Mexican offensive against Santa Muerte (Saint Death) launched by former president, Felipe Calderon, has now gone global. In an interview last week with a Peruvian Catholic news site (Aciprensa), the President of the Pontifical Council for Culture, Cardinal Gianfranco Ravasi, condemned the cult of the skeleton saint as “sinister and infernal.” The Italian prelate, whom Vatican watcher John Allen recently called “the most interesting man in the Church” and even profiled as a candidate for the papacy, called for both Church and society to mobilize against devotion to Saint Death.” Chances that this will hinder the religious movement? I’d wager they are slim to none. 
  • The interfaith ceremony that took place after the Boston bombing attack excluded humanists and atheists. Quote: “We made it exceedingly easy for the Governor’s staff to find us and include us, but they chose not to do so. The exclusion of non-theists today no doubt deepened the hurt the people in the non-theist community are feeling. What principle was served by our exclusion, I don’t begin to understand.”
  • Come visit scenic Cornwall, we’ve got a really, really, big Celtic Cross. Quote: “We hope it will become an iconic landmark, our version of the Angel of the North, so people don’t just pass by Saltash, but go in.” Also, King Arthur was conceived there, but that’s not exactly a roadside attraction. 
  • Speaking of Stonehenge, here’s a new theory about it. Quote: “…the site, which was occupied continuously for 3,000 years, had evidence of burning, thousands of flint tool fragments and bones of wild aurochs, a type of extinct giant cow. That suggests the area near Stonehenge may have been an auroch migration route that became an ancient feasting site, drawing people together from across different cultures in the region, wrote lead researcher David Jacques of the Open University in the United Kingdom.”
  • My pal Cara Schulz (who also happens to be a Hellenic Pagan), is holding a Kickstarter for a cool-sounding luxury camping book, and in honor of reaching $1,500 of the $4,500 goal she shares a drink recipe on Youtube called the “Blue Gem.” With Summer festival season almost here, maybe we could all use this book? 

That’s it for now! Feel free to discuss any of these links in the comments, some of these I may expand into longer posts as needed.

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Working with the Dead in Pennsylvania

Stacey Lawless —  April 19, 2013 — 3 Comments

Ghosts have become popular in the last decade or so. Paranormal investigation, or “ghost hunting,” shows chronicle the adventures of people armed with an assortment of sensory equipment, most of which is easily available online in case you want to start your own investigative team. Or you can apply for admission to one of the many teams already in existence. For those who want to dabble in exploring hauntings, but not jump into the life of a researcher, there are scores of haunted sites and ghost tours you can pay to visit.

What has stirred up this interest in ghosts? One theory is that the availability of sensory devices like EMF readers and the ovilus have made it possible for more people to go out in the field and pursue their interests in the paranormal. That doesn’t answer the question of where the interest comes from, though. Is ghost-seeking simply another manifestation of America’s current interest in the occult? Is it an attempt to scientifically evaluate the existence of spirits (rather like some forms of 19th century Spiritualism)? Some investigators seem to be doing a grown-up version of legend-tripping, armed with gadgets instead of candles and incense.

Other investigators, though, have gotten involved because they want to help the dead.

Ahmadi Riverwolf

Ahmadi Riverwolf

I spoke with two women who work with Cressona Paranormal in Pennsylvania. Ahmadi Riverwolf is a Yayi Nganga in Palo Kimbisa (a Yayi is a full priestess, Palo Kimbisa is another rama of Palo – a different denomination from Mayombe, so to speak). Jhada Addams is an Omo Yemaya (a Santera crowned to the Orisha Yemaya). Both had mediumistic tendencies before initiating into their respective African Traditional Religions, but have since discovered a calling to help the dead. Ahmadi has been on a couple of investigations with Cressona Paranormal, while Jhada has served as a consultant on one.

Jhada: For me – my entire gig is trying to give the spirit what it needs to elevate. Light. Prayers. Songs. If it needs to go, I help it break free so it can go. If it wants to stay, I then have a conversation with the homeowner about how to live in harmony with the spirit.

Ahmadi: They want to be acknowledged, they have unfinished business, or they need help to be elevated. Sometimes they want to leave where they are and don’t know how.

I asked Jhada and Ahmadi how working with the paranormal team fit their religious practices. Both stressed the deep importance of the ancestors in the ATRs.

Jhada: In both Palo and Santeria, ancestors are VENERATED. Appreciated and incorporated into daily life. You have to remember that from which you came. It’s ESSENTIAL. There are so many spirits out there, cast adrift because so many people in this country can’t handle death – it’s heartbreaking.

Ahmadi: They deserve respect, honor, acknowledgement. We would not exist without them.

I asked them to expand on this a little. There’s a difference between ghosts or restless dead and ancestors in the ATRs – ancestors have “crossed over,” to use the common phrase. They can and do act in the lives of their descendants, but are refined, profound spiritual forces, not the confused shades typically encountered in true hauntings.

Jhada: I’ve run across urns that people had simply dropped off in antique or oddities/bargain shops – with just a rime of ashes in the bottom. The family member didn’t even care enough to wash the urn out properly.

Ahmadi: That just sickened me.

There was a time I found a headstone carelessly chucked into a rubbish heap in a local cemetery. I picked it up and could hear a woman cry that she had been forgotten. The loneliness of the spirit was palpable. I took her home and she’s been on my altar ever since, decorated with bling and happy.

Jhada: I do what I can to ease their spirits, and their crossing.

By working with Cressona Paranormal, Ahmadi and Jhada explained, they benefitted from all the perspectives the team brings to their investigations – including practical experience with things that go bump in the night for entirely mundane reasons, like plumbing.

Jhada Addams

Jhada Addams

Ahmadi: Sometimes our beliefs can color our judgment. We need to approach these cases with a spiritual, yet clinical eye sometimes. We are going into people’s houses. ANYTHING could happen. Many are things not paranormal at all. Or magic.

Calming people down is sometimes the biggest challenge.

Ahmadi also noted that many physical conditions, allergies, and pharmaceutical side effects can produce symptoms that may seem like spiritual activity.

For those who think they might be interested in working with the dead, Jhada and Ahmadi stressed that the best first step is start honoring the ancestors.

Ahmadi: Anyone can set up an ancestor altar and light a candle and a glass of water. Set up a spot with mementos and pictures.

Jhada: And, honestly, everybody should. If nothing else, for their own dead.

Ahmadi: And if something happens like flickering lights or an opening door, say Hello!!

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The Saga of Psychic Sophie (and the Regulating of Divination Services)

Jason Pitzl-Waters —  March 7, 2013 — 28 Comments

Can local governments tell diviners, psychics, and practitioners of other related predictive arts where to go? According to the 4th Circuit Court of Appeals, yes, they can. On February 26th a three-judge panel upheld a lower court ruling that said Sophie Moore-King, aka Sophie King, aka “Psychic Sophie,” is not exempt from zoning codes and taxes aimed at psychics even though she claims to be engaged in religious counseling and immune from these regulations.

A screenshot of Psychic Sophie's website.

A screenshot of Psychic Sophie’s website.

“As the government complies with the professional speech doctrine by enacting and implementing a generally applicable regulatory regime, the fact that such a scheme may vary from profession to profession recedes in constitutional significance. Just as the internal requirements of a profession may differ, so may the government’s regulatory response based on the nature of the activity and the need to protect the public. See Post, supra at 134 n.83 (“The shape and form of constitutional protections extended to professional speech will depend upon the precise constitutional values at stake.”). With respect to an occupation such as fortune telling where no accrediting institution like a board of law examiners or medical practitioners exists, a legislature may reasonably determine that additional regulatory requirements are necessary.”

The panel denied that King’s business was materially different from other psychic services currently regulated in Chesterfield County, and thus exempt, though the panel was careful to note that psychic services do have constitutional protections, albeit limited by the “professional speech doctrine.”

“If, as the County contended at oral argument, all predictive speech were inherently deceptive, most religious prophesy, financial prognostication, and medical diagnosis would fall outside the scope of constitutional protection. Cf. Nefedro, 996 A.2d at 858 (noting that lawyers and journalists may also make statements that turn out not to be true). The reality that much professional intercourse depends on predictions about what the future may bring suggests that categorical branding of fortune telling as unworthy of First Amendment protection for that same reason is untenable.”

This seems like very murky territory, Constitutionally speaking, and from my reading justices were aware that their decision could influence local regulations far outside Chesterfield County, Virginia. In short, they are saying that while divination can be protected speech, local governments can, in fact, tell psychics where they can set up shop, and charge special taxes to regulate them. This is unfortunate, because places like Chesterfield use their regulations to create subcultural “red light districts” part of a growing trend to reported on by news organizations like Time Magazine and the BBC.

shutterstock 1114023

Tarot cards.

“But in an increasing number of areas, officials are seeking to crack down on fraud and gain control of a growing industry. As of this month, every fortune-teller in the city of Warren, Michigan must have a licence to operate. To get this they must undergo a police background check, have their fingerprints taken and pay an annual fee of $160. [...] Measures introduced include police interviews, background checks, registration fees, the random inspections of premises and a cap on the number of fortune tellers allowed to operate in a given geographical area.”

So what’s to be done? Well, the 4th Circuit does point to a couple possibilities. First, you may be exempt from regulations if your divination is done as part of a religious ritual and not simply as part of a way of life.

Cognizant that defining the borders between the personal and philosophical on one side, and the religious on the other ”present[s] a most delicate question,” id. at 215, we conclude that Moore-King’s beliefs more closely resemble personal and philosophical choices consistent with a way of life, not deep religious convictions shared by an organized group deserving of constitutional solicitude. Yoder teaches that Moore-King must offer some organizing principle or authority other than herself that prescribes her religious convictions, as to allow otherwise would threaten “the very concept of ordered liberty.” Yet Moore-King forswears such a view when she declares that instead of following any particular religion or organized recognized faith, she “pretty much goes with [her] inner flow, and that seems to work best.”

So, for instance, a follower of Kemetic Orthodoxy who provided divination to clients from within that tradition’s belief system may be exempt. Likewise, followers of Vodou or Santeria who are operating within a explicitly religious milieu could also challenge regulations telling them where to set up a church or temple that also provided divination services to the public. For those not invested within an established and recognized religious model, the judges suggest that a national accreditation board that oversees the ethical behavior of its membership could protect a psychic reader from “additional regulatory requirements.”

With respect to an occupation such as fortune telling where no accrediting institution like a board of law examiners or medical practitioners exists, a legislature may reasonably determine that additional regulatory requirements are necessary.”

Such a board would, of course, have to then challenge local regulations, arguing that they place unnecessary regulations and limitations on their profession (because they self-regulate). So an uphill climb, to be sure, especially considering the rather independent nature of many psychic practitioners.

For those of us who practice religions that incorporate divination, and sometimes selling divination services to individuals outside our faith traditions, we need to pay attention to decisions like this one. Local town and country governments may well see Chesterfield as a model for how to regulate psychics, and so we need to understand what the limitations, and opportunities to challenge those limitations, are. This is probably the end of “Psychic Sophie’s” legal journey on the matter, but I doubt it will be the last case to challenge zoning and regulatory ordinances regarding predictive services.

For my run-down of the Psychic Sophie saga up to this point, see my post from 2011.

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Unleash the Hounds! (Link Roundup)

Jason Pitzl-Waters —  January 10, 2013 — 4 Comments

There are lots of articles and essays of interest to modern Pagans out there, sometimes more than I can write about in-depth in any given week. So The Wild Hunt must unleash the hounds in order to round them all up.

spirits

 

That’s it for now! Feel free to discuss any of these links in the comments, some of them I may expand into longer posts as needed.

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eBay’s Magical Ban: The Problem With Selling Speech

Jason Pitzl-Waters —  August 17, 2012 — 33 Comments

Internet auction house eBay recently released their Fall 2012 Seller Update, which, starting in September, prohibits the sale of divination services (including tarot readings), spells, tutoring services, and potions. The reason for this move, according to eBay, is to “build confidence in the marketplace for both buyers and sellers.”

“Transactions in these categories often result in issues between the buyer and seller that are difficult to resolve. To help build confidence in the marketplace for both buyers and sellers, eBay is discontinuing these categories and including the items on the list of prohibited items.”

In short, if you’re dissatisfied with the spell to give you a big butt, it’s hard to quantify if the “product” had been delivered, and what the proper expectations on booty enhancement magic is. Because of the (usually inadvertently) comical nature of many of the spells  being sold on eBay, long a source of easy snark on the Internet, sites like Mashable, The Mary Sue, Jezebel, and even mainstream news outlets, have been having a bit of fun with the news.

“In its 2012 Fall Seller Update, the online marketplace said it was banning all sales of supernatural goods and services, exiling its witchy and wizardly clientele to the wilds of Craigslist and other Web-based Diagon Alleys.”

It should be noted before we go any further that magical items, physical objects that have an attributable value, are not banned under this change. Spokeswoman Johnna Hoff told Tiffany Hsu at the Los Angeles Times that such items would be allowed in most cases.

“It’s important to note that items that have a tangible value for the item itself and may also be used in metaphysical rites and practices (ie  jewelry, crystals, incense, candles, and books) are allowed in most cases.”

Which means most of the products in the Wicca and Paganism section of eBay are safe, at least for now. A comfort, no doubt, to the many Pagan vendors and shop-owners who supplement their income by placing items on the site. However, the banning of spellwork, and especially tarot readings, should be explored with greater depth. Pagans in the community seems somewhat split over this move by eBay, some, like Patti Wigington, About.com’s Paganism & Wicca Guide, see this as a smart move by the company.

“…this isn’t a case of religious discrimination at all – it’s a case of a business realizing that customers are being made victims of fraud by unscrupulous sellers – and putting practices in place to prevent the problem from continuing. It does not say “No Wiccans, No Pagans, No Druids.” It says no magic, spells or potions, or prayers — that’s an entirely separate thing. Personally, I’m a little sad Ebay has done this, because it means fewer things for me to make fun of, but it’s definitely a smart business decision.”

Others, meanwhile, see this a chilling move that could start a domino effect, marginalizing tarot readers and magicians from mainstream commerce sites. Some have pointed out that PayPal is owned by eBay, and a similar shift in their policies to be more in line with up-and-coming companies like Square, could have a disastrous impact on small Pagan business that rely on divination services as an important part of their income (it should be noted that Google Checkout used to ban “occult goods,” but don’t anymore). Patheos blogger Kris Bradley, while acknowledging the rationale for this new prohibition, is worried that companies like Etsy might soon follow eBay’s lead.

“I admit I’m a bit torn on the subject.  While I see the possible beginning of the end for sellers on sites like this, I won’t be sad to see the sham “spell casters” go, and the end of taking advantage of desperate people with promises of something that can’t possibly be delivered.  As I sell products of a magical variety, I definitely don’t want to lose my Etsy shop.”

As a private business, eBay, and other online retailers are free to limit what product and services they’ll allow. That said, it is troubling that managing complaints and fraud resulted in a total ban of selling divination and magical work. Recent courtroom decisions have leaned towards defining divination, tarot readings, and other psychic services as protected speech, which could have actually helped push eBay away from trying to simply regulate it on their site. After all, who wants to be the ultimate arbiter of what sorts of speech are acceptable, and which kinds are not? Being in the business of selling speech and expression will always be volatile, and it looks like eBay wanted out, the question now is what the ramifications of this move will be for Internet commerce.

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Otherworldly Communications are Protected Speech

Jason Pitzl-Waters —  July 14, 2012 — 32 Comments

Ordinances against fortune telling have a long history, from bans on sorcery and witchcraft in the Middle Ages and Early Modern Europe, embodied today in places like Saudi Arabia, to anti-fraud bans (often based in various ethnic prejudices) in the 19th century, to current laws that claim to be protecting citizens from fraud, but are often pushed by conservative Christian lawmakers. For generations those who practiced fortune-telling as a profession existed on the margins of society, usually depicted as mere swindlers preying on the gullible, until a new ethos started to emerge that classified divination as an art. Part of a spiritual and religious tradition that practitioners felt should be respected, and not subject to laws designed to outlaw those engaging in parlor tricks.

In the United States, many anti-fortune-telling laws have been challenged on the grounds of religious freedom, notably Z. Budapest’s very public 1975 battle against a California ordinance. More recently, Wiccans in places like Caspar, Wyoming, and Livingston Parish, Louisiana, succeeded in getting ordinances struck down on this basis. However, a much broader decision was handed down by the  Maryland Court of Appeals in 2010, which ruled that fortune telling and related services are protected speech.

“Fortunetelling may be pure entertainment, it may give individuals some insight into the future or it may be hokum,” the Maryland Court of Appeals wrote in a 24-page opinion. “People who purchase fortunetelling services may or may not believe in its value. Fortunetellers may sometimes deceive their customers. We need not, however, pass judgment on the validity or the value of the speech that fortunetelling entails.”

This was something of a sea change in legal thinking on the issue, and soon challenges to fortune telling ordinances on the basis of free speech started to pop up in places like East Ridge, Tennessee. Advocacy group the First Amendment Center, lays out the constitutional rationale.

“…it’s important to note that most speech — whether it expresses my own impeccable logic or someone else’s silly belief — is protected from government control. Not just permitted. Or allowed. Or tolerated. But protected with the full force and vigor of an amendment to the United States Constitution.”

Now, we have another decision, announced yesterday, that bolsters the divination-as-free-speech line of thinking.

“A federal judge this week ruled that an Alexandria law forbidding fortunetellers from working in the city is a violation of First Amendment free speech rights. U.S. District Judge Dee D. Drell concurred with a recommendation in June by U.S. Magistrate Judge James D. Kirk that said Alexandria’s 2011 ban of Rachel Adams’ shop on Jackson Street Extension was unconstitutional.”

The ThinkProgress blog noted that Alexandria, Louisiana’s law banned “palmistry, card reading, fortune telling and other otherworldly communications,” with the city arguing that  fortune-telling is “a fraud and inherently deceptive.” However, U.S. District Judge Dee D. Drell rejected that, noting that Louisiana has been able to survive and thrive while embracing psychics and fortune-tellers, especially in New Orleans.

As the legal framework for total bans start to crumble, many towns and cities have responded by passing strict regulations on the practice. In 2010 both Time Magazine and the BBC looked at a growing trend of stricter regulations against psychics being enforced by local governments. The creation of these subcultural “red light districts” are often harder to challenge than a total ban, though they often have the same effect. For example, in Chesterfield County, Virginia, zoning regulations for psychics are stricter than they are for strip clubs or pawn shops.

“In Chesterfield, businesses considered to be fortune-telling establishments must pay a $300 tax to get a business license, while nightclubs and adult businesses pay only a $100 tax for a license. Fortune-telling businesses must submit five references from the county to the police chief for approval. They are limited to one zoning designation – the same one reserved for adult businesses, scrap yards and pawn shops. And they must get a conditional-use permit for that zoning.”

Author and renowned tarot expert Mary K. Greer believes her business (reading cards) should be treated like any other business, and not singled out for punitive regulations. Quote: “It has been found that laws prohibiting fraud cover most cases of abuse perfectly adequately and far better than regulations that discriminate unfairly against this particular profession, especially when they assume criminal behavior where none has been shown by the individual. It has been proved over and over again that discriminatory regulations are created by special interest groups and that they are unfair and almost always unconstitutional.”

With yet another fortune-telling ban struck down on the basis of constitutionally protected free speech, regulations that try to zone such businesses out of existence are on increasingly shaky legal ground. The harsher the regulation, the more it seems like the local government is privileging one form of speech over another. It seems clear that whether you pay for it or not, whether you believe in it or not, “otherworldly communications” are protected speech. This is not just a good thing for free speech, but a good thing for the Pagans and esoteric practitioners who supplement their income by performing divination.

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Quick Notes: Margot Adler, Marijuana Sacraments, and Fortune Telling as Free Speech

Jason Pitzl-Waters —  April 10, 2012 — 13 Comments

Just a few quick news notes for you on this Tuesday.

Margot Alder on Witchcraft, Cults, and Space Travel: Margot Adler, NPR correspondent and author of the seminal 1979 book “Drawing Down the Moon: Witches, Druids, Goddess-Worshippers, and Other Pagans in America”, talks to the Daily Camera in Boulder, Colorado about her life and work in advance of her presentations at the 64th Annual Conference on World Affairs. Of special interest to my Pagan readers will be the story of how she landed the book deal that eventually lead to “Drawing Down the Moon.”

Margot Adler

Margot Adler

“That happened by a complete fluke, way back in 1974. I had sort of a loser boyfriend. He took me to meet his literary agent in a pub. The woman asked me, ‘What do you do?’ I’ve probably had less than a dozen psychic experiences, but I heard a voice in my head say, ‘You are standing on a nexus point in the universe. What you do now will change your life forever.’ Because of that voice, I said, ‘I’m involved in witchcraft.’ Her eyes got really big. She said, ‘Call me in two weeks.’ She had just left an agency and was looking for clients. She showed me how to write a book proposal. I’d never thought of writing a book. The written word scared me because it’s so eternal.”

She also talks about where she agrees with Newt Gingrich (space travel), the most interesting stories she’s been covering for NPR lately, and “looking at religion from completely outside ourselves.” The Conference on World Affairs is currently underway, and continues through Friday. Her two presentations are “What is a Cult,” and “The Lure of Interstellar Travel,” both being given today.

A Step Forward for Marijuana as a Sacrament: In what could a groundbreaking ruling, the Ninth Circuit Court of Appeals has overturned a lower court ruling against the Oklevueha Native American Church of Hawaii, allowing an action to prevent enforcement of the Controlled Substances Act against them to go forward.

Michael Rex "Raging Bear" Mooney, right, with members of the Oklevueha Native American Church.

Michael Rex "Raging Bear" Mooney, right, with members of the Oklevueha Native American Church.

“Plaintiffs need not allege a threat of future prosecution because the statute has already been enforced against them. When the Government seized Plaintiffs’ marijuana pursuant to the CSA, a definite and concrete dispute regarding the lawfulness of that seizure came into existence.”

The court also ruled that the church does not need to apply to the DEA first for an exemption, though it did rule in the government’s favor by saying the seized marijuana doesn’t have to be returned or compensated for. You can read more about this case, here, and here. So far, there have been only two instances where entheogens used in a religious context have been able to win legal protection (peyote for Native American ceremonial purposes, and  ayahuasca by the União do Vegetal). If the Oklevueha Native American Church (ONAC) is able to take this to the Supreme Court and win a religious exemption, and injunction against future prosecution, it could throw open the door to religious groups using marijuana as a sacrament. The Rastafari are an obvious example, but any group that is able to show a sincere use may also be able win exemptions. In my mind, legal entheogens are an inevitable eventuality of these cases, the question is not “if” but “when.”

How Far Does Free Speech and Religious Freedom Stretch in Cases of Alleged Fraud? Speaking of possibly momentous instances of litigation, last year several members of the Roma Gypsy Marks family were charged by the federal government with operating an “advance fee scheme,” allegedly bilking more than a dozen victims out of over 40 million dollars. One of the clients/victims was famous romance author Jude Deveraux, who paid the family $20 million over 17 years, saying she was threatened by the family, and was near suicide before law enforcement stepped in. Now, the Marks’ defense team is saying their actions were/are protected religious practices, and that fortune-telling is protected speech.

The federal investigation was code-named "Crystal Ball."

The federal investigation was code-named "Crystal Ball."

“Lawyers have argued in court papers that the family members had a constitutionally protected right to practice fortunetelling and spiritual healing because it is a part of their religious belief system and fortunetelling is legally considered to be free speech. [...] Attorney Michael Gottlieb, who wrote the 24-page legal document about religious rights, argued that his client, Nancy Marks, 42, of Fort Lauderdale and New York City, did nothing but try to help people, in line with her personal spiritual beliefs. [...] ”Nancy Marks’ conduct is rooted in her religion and spirituality,” Gottlieb wrote. “Based upon this prosecution, the defendant has lost her livelihood and has been unable to make a living using her historical religious and spiritual gifts.” [...] The legal argument spells out some widely-held Romani beliefs but also draws comparisons with legal rulings about the rights of people who are Amish, Wiccans, Krishnas, Mormons, Catholics and Jews.”

Leaving aside the issue of the Marks’ guilt or innocence, the ultimate verdict in this case could have far-sweeping ramifications, especially if judges consider the religion question. Whether or not fortune telling can be a protected religious practice is still very much up in air, judicially speaking. In 2010 the Maryland Court of Appeals ruled that fortune telling and related services are protected speech, and in 2008 a federal judge tossed out a fortune telling ban in Livingston Parish, Louisiana. However, in a 2011 case, a Virginia judge ruled that divination wasn’t the same thing as religious counselling. The case here, involving the federal government, could set nationwide precedent for where the line gets drawn between exploitation and religious freedom. So this is one to keep your eyes on. For more on the extended Marks clan, check out the documentary “American Gypsy.”

That’s all I have for now, have a great day!

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UK Regulates Occult Advertising

Jason Pitzl-Waters —  December 23, 2011 — 35 Comments

The UK broadcasting regulatory body Ofcom (Office of Communications) has issued a new set of guidelines for ads peddling psychic and occult services. The new rules outright ban the selling of occult services on British television, and place restrictions on tarot and astrology programs.

“Television advertisements must not promote psychic practices or practices related to the occult [...] Psychic and occult-related practices include ouija, satanism, casting of spells, palmistry, attempts to contact the dead, divination, clairvoyance, clairaudience, the invocation of spirits or demons and exorcism. [...] Advertisements for personalised and live services that rely on belief in astrology, horoscopes, tarot and derivative practices are acceptable only on channels that are licensed for the purpose of the promotion of such services and are appropriately labelled: both the advertisement and the product or service itself must state that the product or service is for entertainment purposes only”.

This clarification and expansion of the guidelines has come during a rise of “participation” or “teleshopping” programs that peddle psychic solutions to life’s problems (“Psychic Sally,” for instance, which was dinged by Ofcom in July) . These programs are not only forced to label themselves as “for entertainment purposes only” but are also prohibited from using customer testimonials or giving bad news.

“Ofcom’s rules further have specific guidelines preventing presenters from predicting “negative experiences or specific events” in readings, such as births, deaths, marriages or new job, or offering “life-changing advice” related to health or finance.”

To be fair, Ofcom also regulates mainstream religious bodies from making supernatural claims in advertising, but its troubling that Satanism is singled out here, as it is a belief system and not simply an “occult practice.” We also enter into murky ground when determining what is “related to the occult” and what isn’t. Is Wicca “occult” or does it fall under the broader religious guidelines? I’m all for regulation that hinders scam-artists, but imprecise or misinformed wording could end up placing burdens on the expression of core belief systems, and not simply stopping bad actors. I’d be interested to hear what my UK readers think of this, and if they think the rules will be challenged.

 

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Virginia Court Says Divination Not A Religious Practice

Jason Pitzl-Waters —  October 3, 2011 — 17 Comments

In the beginning of 2010 I reported on the case of Patricia Moore-King (aka “Psychic Sophie”), a psychic practitioner/spiritual counselor who challenged Chesterfield County’s onerous zoning regulations designed to discourage tarot readers, psychics, astrologers, and other practitioners of “occult sciences” from opening up a shop. King maintains that she wasn’t a “fortune teller” but engaged in a form of religious counseling, and therefore the regulations didn’t apply to her.

A screenshot of Psychic Sophie's website.

A screenshot of Psychic Sophie's website.

The County of Chesterfield’s laws classify Ms. King’s activities as “the occupation of occult sciences” and therefore defines her as a “fortune-teller” (she does not identify herself as such), which subjects her to numerous restrictions including a background investigation, a criminal record check, review by the chief of police and other requirements related to her “character” and “demeanor” that are not required of any other religious or commercial enterprise within the County. These restrictions also do not apply to other religious or secular counselors, or even to persons “pretending to act” as fortune-tellers.

The County’s zoning code also restricts Ms. King’s activities to a zoning district that includes adult businesses, pawnbrokers, material reclamation yards, and vehicle impoundment lots, and forbids her from the zoning district where her current office is located and where other counselors are permitted. Ms. King is further subject to an additional occupation tax not required of other counselors. The Complaint states that “the negative treatment of ‘fortune-tellers’ is motivated by official hostility to individuals based on the viewpoint and content of their speech, and their spiritual beliefs.”

In July of 2010 U.S. District Judge Robert E. Payne threw the case back to the local level, saying King failed to press for a final resolution before heading to court. Now Religion Clause reports that a Federal District Court has upheld Chesterfield’s regulations, and rejected claims that she was engaged in  religious practices.

In Moore-King v. County of Chesterfield Virginia, 2011 U.S. Dist. LEXIS 112205 (ED VA, Sept. 30, 2011), a Virginia federal district court rejected  constitutional challenges to Chesterfield County, Virginia’s regulation of the business of fortune telling. Patricia Moore-King, a “spiritual counselor” who operated under the name of “Psychic Sophie” claimed that the county’s zoning, business license tax and fortune teller permit ordinances violate her free exercise of religion, free speech and equal protection rights. The court held that plaintiff’s predictions and counseling services are inherently deceptive commercial speech, and that the regulation of them is reasonably drawn. The court rejected plaintiff’s free exercise and RLUIPA claims, finding that she is not engaged in religious practices. It also rejected her equal protection claims.

I don’t have access to the full decision, but these seem like very bold rulings that swim against the prevailing trend in cases regarding psychic services. In 2010 the Maryland Court of Appeals ruled that fortune telling and related services are protected speech, and 2008 a federal judge tossed out a fortune telling ban in Livingston Parish, Louisiana.  No doubt the judge felt he had more judicial leeway since this wasn’t a total ban, but how did he determine that King’s services are “inherently deceptive”? That she isn’t engaged in a religious practice?

In 2010 both Time Magazine and the BBC looked at a growing trend of stricter regulations against psychics being enforced by local governments. The creation of these subcultural “red light districts” are often harder to challenge than a total ban, though they often have the same effect. In my interview with author and renowned tarot expert Mary K. Greer, she spoke about her business (reading cards) should be treated like any other business, and not singled out for punitive regulations.

“No. I don’t believe in specific laws and regulations for fortune tellers that go beyond the standard business laws of any community. It has been found that laws prohibiting fraud cover most cases of abuse perfectly adequately and far better than regulations that discriminate unfairly against this particular profession, especially when they assume criminal behavior where none has been shown by the individual. It has been proved over and over again that discriminatory regulations are created by special interest groups and that they are unfair and almost always unconstitutional.

I’ve always been proud of being part of what I call an “outlaw profession,” partly because it operates outside of the laws, understanding and expectations of regulated society and crosses over the boundaries that tend to distinguish professions, being in-part, entertainment, spiritual guidance, noetic and folk therapeutics, and more. By definition, I provide a service that is not covered adequately by the more traditional and accepted professions. Clients are looking for something extra-ordinary and they get something extra-ordinary. I have the freedom to self-design and describe what I do—which also brings with it the responsibility to explain this as clearly as possible to my clients. I am also responsible to establish my own ethical guidelines and to know and operate my business within the laws and regulations of any area in which I work. While the public is taking a chance on what they are getting, “chance” is, by definition (fate-fortune-chance), part of what they are seeking. However, most of what I’ve said in this paragraph has no bearing on the legal issue, which is a matter of free-speech, occasionally freedom of religion, and is a business service that should be treated like other businesses. If fees and fingerprinting are standard for all businesses then fortune telling should be included.”

I have to say that I find it hard to not draw a line between these regulation and that fact that this is the same Chesterfield County that invented the so-called “Wiccan-proof” invocation model. In any event, I can’t imagine this ruling remaining unchallenged (especially if some courts see fortune telling as protected speech), though I suppose that will depend on King’s law firm. In the meantime, at least in Chesterfield County, divination isn’t considered a religious practice, and their zoning regulations stand.

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