Inmate Sues to Keep Hair Long as Religious Symbol

Billy Soza Warsoldier has cut his hair just once since 1971, trimming off a small lock in 1980 as a religious act of obligation upon his father’s death.

Warsoldier follows the religious practices of his Cahuilla Native American tribe, keeping his hair long as a symbol of the knowledge, strength and wisdom he has acquired during his 55 years, his attorneys say.

But his adherence to religious principles runs counter to the grooming rules of the state Department of Corrections, which state that men’s hair can be no longer than 3 inches.

Warsoldier, who has refused to cut his waist-length hair, has been repeatedly disciplined while serving a 19-month sentence at Adelanto Community Correctional Facility outside Victorville for felony driving under the influence and weapon possession.

On Wednesday, Warsoldier, represented by attorneys from the American Civil Liberties Union, filed suit in federal district court against the Department of Corrections seeking an exception to the department’s grooming policy, on religious grounds.

Warsoldier has now “lost all contact with his family and loved ones because of these rules, while the 1st Amendment guarantees the free exercise of religion,” ACLU attorney Ben Wizner said. “We need to restore inmates’ rights to practice religion in prison.”

In a 10-page complaint, Warsoldier’s attorneys contend that he has been disciplined several times since April 2003 for keeping his hair long, including a three-day solitary confinement and 20 hours of extra work.

He has been denied visitation and phone rights, been removed from vocational classes and prohibited from receiving quarterly care packages.

“Through Billy’s life, he’s been a militant and stood up for Indian rights,” said Lorene Sisquoc of Riverside, who described herself as Warsoldier’s domestic partner. “We try to teach our traditions and values to others and tell them, ‘It’s OK now; you no longer have to be ashamed of who you are.’ But here we go again, with others telling us we’re wrong or dirty for keeping our long hair.”

State prisons spokesman Tip Kindel said similar lawsuits have challenged the hair-length policy.

The Department of Corrections has maintained its grooming policy since 1997 as a means to keep its prisons secure, Kindel said.

Long hair can be used to hide makeshift weapons and can be cut to dramatically change an inmate’s appearance, confuse guards and aid in escape, he said.

“There has been no broad ruling from the courts that indicates the department has to change its policy,” he said.

Although Warsoldier will complete his sentence at the end of May, Sisquoc said it’s important that the legal action continue.

“The point is that this issue needs to be taken care of for the future,” Sisquoc said.