Last week, in The Navajo Nation v. U.S. Forest Service, (D. Ariz., Jan. 11, 2006), an Arizona federal district court rejected efforts by various Indian tribes to prevent the U.S. Forest Service from upgrading facilities at the Arizona Snowbowl, an existing ski area in the Coconino National Forest. (See prior posting.) Plaintiffs claimed that the proposed upgrades, especially the use of reclaimed water to make snow, "will have negative, irreversible, and devastating effects to their religious, traditional and cultural practices". However the court rejected plaintiff's First Amendment and RFRA claims, finding that the government's land management decision did not impose a "substantial burden" on plaintiffs' religious practices, and that the government has a compelling interest in managing the public land for recreational uses.
The court said: "The evaluation of when the government's land management decisions cross the line from legitimate conduct to unconstitutional prohibitions on the free exercise of religion cannot depend on measuring the effects of a governmental action on a religious objector's spiritual development." It found: "The Snowbowl decision does not bar Plaintiffs' access, use, or ritual practice on any part of the Peaks. The decision does not coerce individuals into acting contrary to their religious beliefs nor does it penalize anyone for practicing his or her religion. Indeed, Defendants have committed ... to ensuring that religious practitioners will have access to the 777-acre SUP area and the approximately 74,000 remaining acres of the Peaks for religious purposes."
The court concluded: "While Plaintiffs may find it offensive that lands that have cultural and religious significance to them also host recreational activities, this cannot justify a "religious servitude" over large amounts of public land. "
