By Brenda Norrell / Indian Country Today 09/22/06
SAN FRANCISCO - American Indians from throughout the nation gathered Sept. 14 for ceremonies and songs, culminating with a march through the streets of San Francisco and singing outside the federal courthouse to urge protection of the San Francisco Peaks in Arizona.
''We had overwhelming support from the caravan from Arizona and local tribes, and people came from as far away as New York and Oregon,'' said Klee Benally, Save the Peaks organizer.
''We are committed to protecting sacred sites. I hope people realize this is not just about one mountain, but about healing our communities,'' Benally, Navajo, told Indian Country Today.
''The support we felt from the community in the region was very healing,'' Benally said.
Save the Peaks organized events during the appeal in the 9th Circuit Court of Appeals of the decision to allow snowmaking from recycled wastewater at Arizona Snowbowl ski resort on the San Francisco Peaks, sacred to 13 tribes in Arizona.
California tribes struggling to protect the Shell Mounds of the Ohlone and Medicine Lake in northern California gathered with Arizona tribes for ceremonies and prayers.
In San Francisco, tribes gathered for a spiritual ceremony at Yerba Buena Park and a reception at the American Indian Friendship House, where 500 people attended, including Navajo, Hualapai and Yavapai-Apache leaders.
''They showed strong support for a unified voice for cultural survival and protection of sacred sites,'' Benally said.
On the day of the federal appeal, 170 people gathered for a sunrise ceremony and marched to the courthouse. The march increased to about 200 people through the streets of San Francisco.
Louise Benally, Navajo from Big Mountain, Ariz., was among those at the courthouse vigil.
''Outside the courthouse there was a lot of support from the Native communities and organizations singing the Warrior Song. Outside the courthouse, the spirit was strong. We prayed for blessings,'' she said.
''I hope the three-judge panel will base their judgment on what is real as far as the survival of the earth and all life, which is more important than economic greed. We feel hopeful,'' Benally told ICT.
''This decision will be favorable because the issues of water purity and religious freedom and true tolerance are desperately needed worldwide today.''
Benally is among the Navajos resisting relocation and striving to protect further desecration of Black Mesa in Arizona from coal mining, including the sacred mother mountain, Big Mountain.
During the San Francisco Peaks appeal, Benally said federal judges expressed the most concern for the requirements of the American Indian Religious Freedom Act and the National Environmental Policy Act of 1969.
She said that during the judges' questions, it became apparent to tribal members that the Coconino Forest Service had shown ''total disregard'' for studies showing how much reclaimed water, referred to as ''treated effluent'' in court, are consumed by the average skier at the Arizona Snowbowl.
''The federal judges also were quick to point out that the Forest Service makes 90 cents per skier, so they are not exactly a non-biased party,'' Benally said.
''Also, one judge asked if the resort would definitely go out of business without snow-making and their lawyer said definitely. The judge said, 'OK, show me in the record,''' Benally said, paraphrasing the court comments.
''When they looked it up, it said they 'may' go out of business.''
Representatives of the Navajo Nation, Hopi Tribe, Hualapai Tribe, Acoma Pueblo, Yavapai-Apache, the Sierra Club, Flagstaff Activist Network and the Save the Peaks Coalition spoke in a press conference following the court appeal.
Jimbo Simmons of the San Francisco-based International Indian Treaty Council was among the speakers.
''Sacred sites are the holiest areas that our Indian people hold sacred, it is the beginning of our way of life, these are places we go to communicate with our Creator. San Francisco Peaks is one of those areas, just like Bear Butte in South Dakota, Medicine Lake in northern California, or Mount Shasta, or the shell mounds of the Ohlone.
''Today, these sites are threatened by developments that have no respect for our way of life and our spirituality, and our natural way of life. We must continue to stand up for our beliefs. The spirit of the past will rise to claim the future: that's what we are doing today,'' Simmons said.
Rudy Preston, of the Flagstaff Activist Network, said a great deal is at stake with the outcome of the case.
''This is a precedent-setting case which threatens to undermine Native American religious freedoms and environmental integrity.
''The significance of this case is shown through the unity of the plaintiffs made up of indigenous nations, environmental groups and individual community members. This is not just an issue of indigenous rights violations; this is an extreme environmental and human rights crisis.''