State Asks Court For Injunction To Halt
The Newkirk Herald Journal (?)
NEWKIRK - Kay County district Attorney Joseph A. Wideman,
Monday filed a petition seeking to enjoin Narconon International,
Inc., from operating an unlicensed and uncertified alcohol and
drug abuse treatment service at Chilocco. The application for
injunction names the State of Oklahoma Commissioner of Health
Joan K. Leavitt, M.D., and the Oklahoma State Department of
Health as plaintiffs, and Narconon International, Inc. as
defendant.
Narconon's service agent of record was served with the
appropriate papers about noon Monday, Wideman said. There will be
a hearing on the state's application for injunction before the
chief judge of the District Court, Neal Beeleman, on Tuesday,
August 14th at 9 a.m. in Courtroom A at the Kay County Courthouse
in Newkirk.
The petition filed by the state says that Narconon is
operating an uncertified and unlicensed alcohol and drug abuse
treatment service in violation of Oklahoma law. It notes that
while Narconon is housed on Indian land, it is operated by
non-Indians and is providing services mainly to non-Indians.
Narconon, according to the petition filed Monday, is housing
persons in need of sub- stance abuse treatment and is providing
care and receiving compensation without being licensed by the
Oklahoma State Department of Health or being certified by the
Department of Mental Health. The petition says Narconon has been
in violation of state law since February 1990 and continuing
through the present.
The state's petition asks the court to "temporarily and
permanently enjoin the Defendant from operating an unlicensed
alcohol and drug abuse treatment service..." and asks that
Narconon be made responsible for attorney fees and court costs.
In an attached brief supporting its case, the state says
that... "The defendant (Narconon) has failed to become
certified and licensed by the proper regulatory bodies prior to
its operation. Therefore, injunctive relief should be
granted."
"The integrity of legitimate trealment services are
jeopardized when unauthorized and unlicensed facilities are
allowed to operate. Injunctive relief is necessary, appropriate,
and mandated by both case law and statute.
The second major proposition of the supporting brief argues
that the state does have licensing and certification jurisdiction
over Narconon, even though it is on Indian land.
"The state courts have jurisdiction over the conduct of
defendant, a non-Indian entity engaging in activity on Indian
Land due to the state's strong interest in providing health care
to its citizens and its minimal impact on Indian self-government.
Wideman said Monday that there are four considerations that
determine whether the state maintains jurisdiction in such cases:
First, Federal law must not pre-empt state law in the matter at
issue. Second, state law must not infringe upon the fights of
reservation Indians to govern themselves. Third, the organization
itself is non-Indian owned and operated, and fourth, it is
treating primarily non-Indians.
Concludes the brief: "This Court has jurisdiction over
this cause since state action is not federally pre-empted and
tribal self-government is not burdened. Narconon is neither owned
nor operated by Indians. Their facility is primarily treating
non-Indians. Narconon has failed to become certified and licensed
by the proper regulatory bodies. Injunctive relief should be
granted."
Narconon spokesman Bruce Pyle has been quoted in printed
reports as saying Monday that Narconon still intends to apply for
state certification and licensing. Narconon's Certificate of Need
expired June 20. Pyle would not comment on whether non-Indian
patient have been treated at the facility.
The name "Narconon"® is trademarked to the Scientology
organization through one of their many front groups. The name
"Scientology"® is also trademarked to the "Church"
of Scientology. Neither this web page, nor this web site, nor any of the
individuals mentioned herein assisting to educate the public about the
dangers of the Narconon scam are members of or representitives of the
Scientology organization.
If you or a loved one needs help -- real help -- there are
a number of rehabilitation programs you can contact. The real
Narcotics Anonymous organization
can get you in touch with real people who can help you.
Click [HERE] to visit Narcotics
Anonymous's web site. Narcotics Anonymous's telephone number is
1 (818) 773-9999.
Return to The NarCONon exposure's main Index page.
Forward: For a systematic, detailed, professional exposure of
Scientology's "Narconon" front group, visit the
Narconon Exposed web site.
Narconon
®
Operation At Chilocco - 2 August 90
2 August 1990
The views and opinions stated within this web page are those of the author
or authors which wrote them and may not reflect the views and opinions of
the ISP or account user which hosts the web page. The opinions may or may
not be those of the Chairman of The Skeptic Tank.