Lack of evidence prompts judge's decision regarding sacred peaks

By Kathy Helms
Diné Bureau

WINDOW ROCK — The Navajo Nation and other plaintiffs in the complaint filed against the U.S. Forest Service contend that upgrades to the Arizona Snowbowl and use of reclaimed wastewater to make artificial snow is a violation of the Religious Freedom Restoration Act.

However, U.S. District Court Judge Paul Rosenblatt failed to support the tribes' argument in his decision released Wednesday.

Rosenblatt sided with the Forest Service and Arizona Snowbowl Resort owners, saying, "there is no evidence the decision would exclude tribal practitioners from the Peaks, no evidence of any diminution of access, no inability to collect medicinal or ceremonial plants and other materials, and no prohibition on holding religious ceremonies anywhere on the Peaks.

"There is, consequently, no substantial burden on the exercise of the Plaintiffs' religion," the judge ruled.

Navajo beliefs
Plaintiffs argued that certain Indian religious ceremonies, such as the Navajo Blessingway Ceremony, are conducted on the Peaks and that certain plants, water and other materials are collected from the Peaks for Navajo medicine bundles and other tribal healing ceremonies.

The tribes believe the Peaks are a living entity and that the presence of the Snowbowl desecrates the mountain, and that those desecrations have caused many ills to mankind, including the Sept. 11, 2001, attacks on the World Trade Center, the Columbia Shuttle crash, and an increase in natural disasters such as recent hurricanes, tornadoes and the tsunami.

Certain practitioners believe upgrades to the Snowbowl will jeopardize the continuation of their religion and that snowmaking will negatively impact the deities who reside on the Peaks, potentially causing drought or other suffering.

Representatives of the 225,000-member Navajo Nation, the largest federally recognized Indian tribe in the United States, testified at the trial that the creation of the Navajo people took place at the Peaks, the "Mother of the Navajo People," their essence and their home.

Judge Rosenblatt found that though the Peaks are home to many Navajo deities White Corn Girl, White Corn Boy, Twilight Girl, Twilight Boy, and Yellow Wind the Snowbowl upgrades will not interfere with or inhibit any religious practice by Navajo plaintiffs.

Navajo Nation President Joe Shirley Jr., Historic Preservation Assistant Manager Steven Begay, and Larry Foster, a member of the Navajo Nation, testified at trial on behalf of the Navajo people.

The judge said that "Although the witnesses generally testified that the Peaks were central and indispensable to the Navajo Way of life, President Shirley and Mr. Begay provided no evidence that they use the Snowbowl SUP (Special Use Permit) area for any religious purpose."

Rosenblatt also said that all plants and wildlife used by Navajo plaintiffs for religious purposes are available outside the SUP area.

Hopi beliefs
Hopi Cultural Preservation Office Director Leigh Kuwanwisiwma, Hopi practitioners Wilton Kooyahoma and Antone Honanie, and Research Archaeologist and Hopi practitioner Emory Sekaquaptewa, presented testimony at trial on behalf of the Hopi people.

According to testimony, the Hopi spiritual and physical connection to the Peaks goes back as far as their oral traditions. There is a direct relationship between the Hopi way of life and the environment, including the Peaks, which mark a cardinal direction defining the Hopi universe, the spiritual boundaries of the Hopi Way.

The Peaks are where the Hopi direct their prayers and thoughts, a point in the physical world that defines the Hopi universe and serves as the home of the Kachinas who bring water, snow and life to the Hopi people.

The Hopi plaintiffs testified that the proposed upgrades to the Snowbowl have and will continue to negatively affect the way they think about the Peaks, the Kachina, and themselves when preparing for any religious activity involving the Peaks and the Kachina from daily morning prayers to the regular calendar of religious dances that occur throughout the year.

The judge said, however, that though the Hopi plaintiffs presented evidence that the Snowbowl upgrades are contrary to their beliefs, and that making artificial snow will affect them "emotionally," they provided no evidence that the decision would impact any religious ceremony, gathering, pilgrimage, shrine, or any other religious use of the Peaks.

Rosenblatt also said Hopi plaintiffs presented no evidence that they use the Snowbowl SUP for any religious purpose.