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The Texas Supreme Court has sided with the City of San Antonio in a dispute involving a Native American church that worships at Brackenridge Park.
The case centers on the Lipan- Apache Native American Church, who consider a portion of Brackenridge Park a sacred place. The city’s planned improvements to the area included removing trees and bird habitat. The city has halted work where the ceremonies are held.
It began with a bond issue San Antonio voters approved in 2017. The bond included funds to refurbish part of the park, including renovating the old pump house and the elimination of some trees.
The trees are the nesting spaces of the large white cormorants in the Lambert Beach area, near the Brackenridge Conservancy’s headquarters building. Hundreds of the migratory birds nest there each year. The large, fetid mess they leave on the ground under them is considered a health hazard, particularly for children.
In its ruling the Texas Supreme Court said the Texas Constitution’s provisions do not extend to governmental actions for the preservation and management of public lands.
Gary Perez, a member of the Lipan-Apache Native American Church, said that “We are going to continue to pray for the best to keep the trees there, our spiritual ecology, the trees, the birds. We'll just continue to pray all the way through and hope that God will intervene and soften some hearts."
The San Antonio City Attorney’s Office also responded to the decision: “The City of San Antonio is pleased with the Texas Supreme Court’s decision and appreciates the clarity it provides regarding the scope of the Religious Services Clause. This ruling affirms the City’s ability to responsibly preserve and manage public lands — including the voter-approved 2017 bond project to improve Brackenridge Park — while continuing to respect and accommodate religious practices. We are hopeful that work can begin soon on the long-delayed, voter-approved improvements to Brackenridge Park.”
Perez said the case will now move back to the 5th Circuit Court of Appeals.
