Federal judge rules San Antonio can't block Native American worshippers from city park

A federal judge has ordered the City of San Antonio to allow the Native American Church to conduct religious ceremonies inside a fenced-off area of Brackenridge Park, which its members consider a sacred space.

At the same time, the ruling will allow the city to continue with a controversial plan to scare birds away from nesting in Brackenridge — something the plaintiffs sought to halt with their suit.

U.S. District Judge Fred Biery issued the orders in a partial ruling handed down Monday. He promised to file a “more thorough and detailed analysis" in coming days.

In a suit filed this summer, two members of the Native American Church sought to halt a city plan to remove trees in the park and run off migratory birds. Th plaintiffs argued the city efforts had fenced off a sacred stretch of the San Antonio River running through Brackenridge, denying their constitutional right to worship.

"This case involves competing interests of constitutionally protected religious exercise and compelling government responsibilities to protect public health and safety," Biery wrote in his brief ruling.

The judge ordered the city to install a locked gate that worshippers can use to access the fenced-off area for two ceremonies scheduled to take place by year's end. He also left the option open for the plaintiffs to access the spot for future ceremonies.

Further, Biery ordered the city to immediately remove a dangling and damaged tree limb its attorneys cited as a reason it would be dangerous for worshippers to access the park's fenced-off area.

However, the judge also ruled that the city may continue with its bird-mitigation efforts, so long as they're paused while members of the church are conducting ceremonies. That bird-removal program, he wrote, is intended to "prevent large amounts of foul fowl feces making the area unhealthy for humans, especially ... for toddlers who put anything and everything in their mouths."

In comments to the Express-News, attorneys for both the Native American Church members and the city said they were happy with the ruling. Even so, John Greil, an attorney for the plaintiffs, said he was disappointed that the city efforts to frighten away birds will be allowed to proceed.

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