A federal judge dismissed on Friday the charge against a Northern Arapaho tribal member who shot a bald eagle last year on the Wind River Indian Reservation.
The motion to dismiss the case against Winslow Friday centered on arguments that government efforts to protect bald eagles unduly restrict Northern Arapaho and other tribal members from practicing their traditional religious ceremonies. U.S. District Judge William Downes announced his decision to dismiss the case on Friday afternoon during a brief telephone conference with Friday and various attorneys involved in the case.
A written order explaining Downes' decision is expected late next week.
Robert Rogers, Friday's attorney, said after he learned of the ruling that he was pleased, even as he waits to learn more about how Downes arrived at it.
"My comment at this point is that my client and the whole Northern Arapaho tribe are gratified at the judge's careful consideration of our argument," Rogers said.
While the precise implications of the ruling will not be clear until Downes' order is available, Rogers said it is clear what the order will not mean.
"This does not mean it will be open season on eagles for Native Americans," Rogers said.
Leaders of the Northern Arapaho tribe filed documents in support of Friday's motion to dismiss the charge, arguing that bald eagle parts are needed for their ceremonies and that available methods for acquiring them are inadequate.
The U.S. Fish and Wildlife Service maintains a repository of bald and golden eagle parts in Colorado that are available to enrolled tribal members. Northern Arapaho leaders argued that the parts, which often come from eagles killed by impacts with cars and power lines, are often in unusable condition and take too long to obtain.
In May, during the last hearing in the Friday case, Downes asked the U.S. attorney in the case if use of the repository puts the government in the position of forcing tribes to use "roadkill" in their sacred ceremonies.
Although there is apparently a legal process for acquiring a permit to "take" eagles in some circumstances, tribal leaders argued the process is kept more or less a secret.
Sarah Krakoff, a University of Colorado law school professor who specializes in Indian law, said she does not find Downes' ruling surprising given other decisions in similar cases.
Reporter Anthony Lane can be reached at (307) 266-0593 or at anthony.lane@casperstartribune.net.
Posted in State-and-regional on Saturday, October 7, 2006 12:00 am
© Copyright 2009, trib.com, Casper, WY | Terms of Service and Privacy Policy