By Editorial Staff
In May 2007, Red Shtick publisher Jeremy White
criticized the prognosticational prowess of Livingston Parish fortune-tellers.
He questioned their ability to predict the future after no one from their
industry appeared to oppose an ordinance that would effectively outlaw their
livelihoods.
It would seem
White owes them an apology. Maybe they didn’t waste their time and energy
fighting the Livingston Parish Council at the time because they knew all along
that this month’s hero would ultimately come to their rescue.
Cliff Eakin, a
Wiccan priest and Springfield resident, is suing the parish over the ordinance
on behalf of his business, Gryphon’s Nest Gifts. In the suit filed January 2 in
U.S. District Court, Eakin asks the court to declare the ordinance
unconstitutional, issue a permanent injunction prohibiting the parish from
enforcing the ordinance, and assess damages. The suit also claims the ordinance
violates Eakin’s right to free speech and that he should be allowed to perform
divinations for profit within the parish.
The ordinance,
passed unanimously last spring by the council, states: “No person shall engage
in the practices of soothsaying, fortune telling, palm reading, clairvoyance,
crystal ball gazing, mind reading, card reading and the like, for money or
other consideration.” Keep in mind, the folks running Livingston Parish passed
this brilliant measure without a single dissenting vote.
Eakin maintains
that divine inspirations channeled through Wiccans should be just as legal as
messages from God that are received and relayed by Christian ministers. While
Eakin usually gave free divinations at his metaphysical shop in New Orleans, he
asserts that Wiccans should be allowed to accept small contributions for their
work, much like Christian churches accept tithes and offerings for theirs. “To
dictate what you can and cannot do in a spiritual sense” violates
constitutional rights, he says.
Mr. Eakin – or
is it Reverend? – says that he knows of at least 100 other Wiccans residing in
the parish. Many of them, he says, are afraid to publicly avow their beliefs.
In much the same way Chinese Christians are reluctant to profess their faith
openly for fear of persecution, Livingston Parish Wiccans feel they must don
cloaks of anonymity rather than the traditional cloaks in keeping with their
beliefs.
In his suit,
Eakin states, “The intent of the Parish Council in passing the ordinance was to
promote Christian mythology over paganism.” We applaud him for standing up for
the rights of the burgeoning Wiccan community in Livingston Parish by daring to
say things that might result in a visit by the nearest Klan faction.
You don’t have
to be a Wiccan to be thankful for Eakin’s suit. There are a lot of other
everyday acts that could be deemed violations due to the rule’s vagueness. “The
ordinance leaves only an individual law enforcement officer to determine
whether a particular conduct qualifies as ‘and the like,’” the suit claims.
For example,
when sports commentators predict the outcome of games, technically, they’re
getting paid to predict the future. When winning lottery numbers are selected
by a person rather than randomly by a computer, someone has made money through
numerical clairvoyance. And if a Livingston Parish resident has only one extra LSU
ticket, and three of his friends want to go, he better not say, “I’m thinking
of a number between 1 and 50.” Otherwise, the friend who wins will get
something of value as a result of mind reading.
It seems Eakin’s
actions have prompted the folks on the council to reconsider the legality of
the measure. Only weeks after the lawsuit was filed, the Livingston Parish
Council, at the urging of their attorney, voted 5-2 on January 24 to hold a
public hearing on February 11 to discuss repealing the ordinance.
The council’s
attorney, Blayne Honeycutt, recommended that the ordinance be repealed. He
predicted that his client would likely lose if it tried to defend the suit. Of
course, some insist that Honeycutt’s foretelling of a defeat in District Court
is a form of fortune-telling, especially since he’s a lawyer and was
undoubtedly compensated for such a service.
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February 01, 2008