Role playing, gang banging

January 28, 2010
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Typical gang activity: fighting opposing gang members, committing crime, and playing Dungeons and Dragons. Wait, what?

The 7th Circuit Court of Appeals said so in an opinion it released this week in an inmate’s appeal after his D&D games were taken away because of the fear it was a gang activity and would promote inmates to behave badly.

Seriously? I know prison officials want to prevent any kind of disruptive or dangerous behavior, but have they ever played the game, or any other role-playing game before? Anyone who has ever played D&D (and I admit I did once, as a child in the ’80s) knows it’s a fairly harmless game in which people spend time strategizing about what type of character they want to be, their powers, and create a fantasy world in which these elves, wizards, and other characters interact under the direction of a Dungeon Master. It may get heated in moments of battles, but I doubt punches are thrown because of it.

A prison in Wisconsin banned the game because it said it promotes violence, hostility, fantasy role playing, addictive escape behaviors, and possible gambling. The prisoner’s appeal of that decision made it to the 7th Circuit, which affirmed summary judgment for the prison. Apparently the inmate’s oodles of affidavit testimony that D&D isn’t associated with gangs and the game can help improve inmate rehabilitation didn’t show a genuine issue of material fact concerning the reasonableness of the relationship between the prison’s ban and legitimate penological interests.

Prison is supposed to be a punishment, not a vacation, but taking away outlets for prisoners to occupy their minds or pass the time seems like a bad idea. I think D&D is pretty tame, and anyone who gets caught up in it and believes the fantasy world is telling them to injure or kill someone in real life obviously has mental issues that preclude any involvement with the game. Plus, those inmates looking for a reason to fight will do so over anything.

Do the prison’s assumptions on D&D apply to the non-prison world? I imagine most people who play the game in their homes, at conventions, or in stores do so in part because of the fantasy world and escapism it provides. It’s intriguing and thrilling to make up a character and become that person, even if for a few hours. Hey, actors get paid to do that.

The only negatives I can find with playing D&D is perhaps getting too caught up in your fantasy world and not getting enough social interaction in other settings or exercise, but I’d never consider it anywhere close to a gang activity. That is, unless I start seeing D&D players dressing in their specific gang colors and having turf wars with other D&D groups.
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  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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