Sanford Nowlin
The U.S. 5th Circuit of Appeals on Thursday ruled that San Antonio could continue razing trees in Brackenridge Park's Lambert Beach area.
The court rejected an emergency request filed by two members of the Lipan-Apache Native American Church, who argued the tree cuttings prevent church members from accessing an area of the park they consider sacred, according to the daily. The filing also asked the court to halt "excessive" efforts to remove trees and drive away birds.
The suit, filed by Gary Perez and Matilde Torres in August, came after a federal judge in San Antonio last fall ruled that the city could continue with the removal of trees at Brackenridge Park, which began in 2022.
Despite green lighting the city's tree removals and bird mitigation, the appeals court upheld the portion of the lower court's ruling that allows the church to access to the park's Lambert Beach, which is fenced off to the public, to conduct religious ceremonies on certain dates, according to the Express-News.
Thursday's ruling is the latest battle in an ongoing war between the city and activists over efforts to restore Brackenridge Park. City officials said they must remove the trees and scare away birds to avoid further damage to the park, while environmentalists, park neighbors and Native American groups have argued those programs are actually damaging the natural landscape.
In February 2023, environmentalists expressed concern about the city's use of "nonlethal measures" to scare away birds from the park's playground and Joske Pavilion, citing human health concerns.
Although the city declared victory against the birds a year ago, activists said the birds are likely to return, resulting in a vicious cycle that disrupts park wildlife along with humans trying to use the public space.
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