Should“public health” trump religion? Cooper believes Smoke Free Illinois Act goes too far

Larry Cooper “smudges” Wyatt Fecht during a ceremony during the winter gathering held in Iowa. This small amount of smoke for a Native American ceremony is banned by Illinois law.

Larry Cooper stood in front of Wyatt Fecht of Carthage holding a small bowl with a light amount of smoke coming out of it. He slowly walking around Fecht while using a feather to guide the smoke over him. When he stood behind him, he slowly retraced his steps to stand in front of him once again.

The process, known as smudging, is a sacred ceremony practiced by Native Americans to cleanse themselves. It's a religious practice that Cooper performed many times at the Standing Bear annual Winter Gathering in Argyle, Iowa. The Standing Bear council moved their gathering to Iowa from Illinois because that state exempts religious ceremonies from a smoking ban. The Smoke Free Illinois Act does not.

“It took three weeks for the Iowa Senate to pass it,” said Cooper of an amendment that exempted religious organizations from the smoking ban. “I don't understand why it's taking so long in Illinois.”

Cooper allowed the Journal-Pilot to photograph the smudging ceremony despite the fact this breaks Native American law regarding sacred ceremonies. Sacred ceremonies are not to be photographed.

Breaking the rule was seen as necessary by Cooper to help show people what was being banned by Illinois law. It's a Constitutional argument to Cooper, and one that brings up bad feelings about the past.

“I remember as a kid we had to go to corn fields and old barns to do those types of things (religious practices),” said Cooper, who grew up in Hamilton. “We didn't do things in the open. I wasn't raised with my traditions. We weren't even allowed to speak about them.

“It feels like Illinois is pushing us back to the past and taking away things we've had to fight for. This is a Constitutional argument. The law violates the Constitution.”

Standing Bear, known before under a different name, had the law cited as a reason to not bring them back to Hamilton High School. Cooper was one of about 300 Native Americans who traveled to Bradley University in January 2008, the same month the smoking ban went into place, for their annual Native Gathering, a long-standing tradition among the group. Bradley University officials made them leave a school building citing the new law. The gatherings are open to the public to learn about the ceremony.

“Everything we do is open to the public,” said Cooper.

Smoking in the Smoke-Free Illinois Act is defined as anything that produces smoke, including incense.

“This law was pushed by the American Cancer Society and other groups,” said Cooper. “They never considered anyone's religious rights. I understand the medical concerns; I have no problem with them. But we also have rights.”

Cooper pointed to a 1978 law, the Freedom of Religion Act, passed by Congress that specifically recognized Native American religions. He worked with Senator John Sullivan's office to have an amendment submitted that allows smoking in public places “if the act of smoking is conducted for the performance of a religious service or ceremony.” The amendment was to have been submitted late last week. An assistant with Sen. Sullivan said it was unknown how much support the amendment had.

Before this, Cooper called the Lieutenant Governor's Office (then Pat Quinn), Health and Human Services, the Human Rights Office in Springfield, the ACLU, and several other groups asking for help. He did not receive a response from any of them.

“They don't care,” said Cooper. “I don't know why they don't care. I don't know if it's because we don't have any money or there are not enough of us in the state to worry about.”

Cooper has talked with others who are also against the ban on constitutional grounds, including Peoria attorney Dan O'Day who has defended several people ticketed under the law.

“If they ever start enforcing this, the Catholics will be just as effected as we are,” said Cooper. “Catholics are also in violation of the law, so are Hindus and other religions. Anyone who uses smoke is in violation. If they ever start enforcing the law, they will have to enforce it against everyone.

“We know what it's like to not have that right.”