Court Invalidates Eagle Protection Act Implementation As RFRA Violation

Last week, a federal district court in Wyoming granted a motion to dismiss criminal charges that had been filed against Winslow Friday, a member of the Northern Arapaho Indian Tribe. In United States v. Friday, (Case No. 05-CR-260-D, Oct. 13, 2006), the court held that the government's implementation of the Bald and Golden Eagle Protection Act (BGEPA) violates the defendant's right to the free exercise of religion as protected by the Religious Freedom Restoration Act.

The BGEPA provides for a permitting process for the taking of eagles for Native American religious purposes. The government, however, discourages requests for permits and issues almost none. The court held that the government failed to demonstrate that this policy is the least restrictive means of advancing its interest in preserving eagle populations and protecting Native American culture, particularly in light of the recent recovery of the species. It concluded:

Although the Government professes respect and accommodation of the religious practices of Native Americans, its actions show callous indifference to such practices. It is clear to this Court that the Government has no intention of accommodating the religious beliefs of Native Americans except on its own terms and in its own good time.

The court also upheld Friday's standing to challenge the futile permitting process even though he never applied for a permit.

The full text of the case is available through PACER. The Jackson Hole (WY) Star Tribune today reported on the court's decision. (Also see prior related posting.)

UPDATE: The decision is now available on LEXIS at 2006 U.S. Dist. LEXIS 74970.