Hyde v. Fisher — Idaho Court of Appeals Keeps Inmate Religious Freedom Case Alive

I looks like this is the second time Hyde v. Fisher (here is Hyde I) has reached the Idaho Court of Appeals. This time the Court holds that a complete ban on smudging is not the least restrictive means of maintaining safety in prison under RLUIPA. Here is an excerpt:

We conclude that Hyde has shown no error in the district court’s procedure on remand. The district court correctly ruled that IMSI’s complete ban on sweat lodge ceremonies and implementation of a personal property policy does not violate Hyde’s constitutional rights or those conferred upon him by RLUIPA and FERPA. However, we conclude that IDOC has not demonstrated that completely banning smudging ceremonies at IMSI is the least restrictive means of furthering the compelling governmental interest of safety and security at the institution.