DATE: Wednesday, April 9, 1997              TAG: 9704090432

SECTION: FRONT                   PAGE: A1   EDITION: FINAL 

SOURCE: BY MARC DAVIS, STAFF WRITER 

DATELINE: NORFOLK                           LENGTH:   75 lines

PSYCHIC SUES NORFOLK OVER BAN ON CLAIRVOYANTS

Barbara DeLong wants to conduct psychic card readings in a Ghent bookstore for $70 an hour. The city says that's against the law.

So DeLong sued Norfolk in federal court Tuesday, arguing that the city's 39-year-old law banning palm reading, phrenology and clairvoyance for pay is unconstitutional.

The American Civil Liberties Union of Virginia, which represents DeLong, says the law violates DeLong's right to freedom of religion and speech.

``Who in Norfolk city government can tell me whose spiritual beliefs are right and whose are wrong?'' Kent Willis, ACLU executive director in Richmond, said in a written statement. ``Just because Ms. DeLong's beliefs are different from those of the majority does not mean she is wrong. And even if she were, the Constitution would still protect her right to have and express those beliefs.''

City Attorney Philip R. Trapani doesn't buy it. He said Virginia cities have a right to ban certain types of businesses, such as tattoo parlors, massage parlors and adult-oriented businesses.

In fact, Norfolk's law against palmistry and clairvoyance for pay is sandwiched in the City Code between laws that ban tattoo parlors and the sale of sneeze powder and itching powder.

``The law has been defended before in state courts, and it's been found to be a valid regulation by a city,'' Trapani said.

DeLong and the ACLU want a court order to stop enforcement of the Norfolk law. A hearing may be held within the next two weeks. DeLong said she hopes to conduct readings April 25 at the Kindred Spirit Bookstore in Ghent.

This is the second ACLU lawsuit against Norfolk in the past four months. The ACLU sued the Norfolk School Board in December, challenging the policy of random student searches. That case is pending.

DeLong, who lives in Westchester County, N.Y., said she refuses to conduct readings in neighboring cities, such as Virginia Beach or Chesapeake, where they are legal.

``The store I wanted to read in was in Norfolk. I like the store very much. I like the people there. You can't just go anyplace. You have to go someplace where everyone feels comfortable and good,'' DeLong said.

The lawsuit describes DeLong as an ordained minister in the Sanctuary of the Beloved, a New York-based church, and says she studied in the Spiritual Church for seven years.

DeLong said she uses her own hand-painted circular cards to conduct readings for clients, advising them on spiritual and other matters. ``It's a form of counseling,'' she said.

The lawsuit says, ``Her belief in unconditional love, spiritual awakening and ascendance to new levels of cosmic energy have led her to seek a life of mystical learning.''

DeLong had scheduled 35 to 40 readings in Norfolk for the week of April 5 before she learned of the city law. The lawsuit says she earns ``a substantial portion of her income'' from readings, meditations and writings.

Trapani, the city attorney, said he wonders if DeLong pays taxes on those earnings or if she has a religious tax-exemption. ``We'll see if she tells the federal government the same thing she tells us,'' Trapani said.

Willis, the ACLU director, said it makes no difference if DeLong is paid for her readings. ``Ministers and others are compensated for their services,'' Willis said.

Willis also said the law may be unconstitutionally vague.

``What does the city of Norfolk mean by clairvoyance?'' Willis asked. ``Some people might argue that psychology has a clairvoyant quality to it. Where does the boundary of one start and the other begin?''

Webster's New World Dictionary defines clairvoyance as ``the supposed ability to perceive things that are not in sight or that cannot be seen'' or ``keen perception or insight.'' ILLUSTRATION: [Color illustration]

THE LAW

``It shall be unlawful for a person to engage in the practice of

palmistry, palm reading, phrenology or clairvoyance, for monetary or

other compensation, in this city.'' KEYWORDS: LAWSUIT

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