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RFRA Defense To Forest Service Permit Requirements For Large Groups Rejected

By Howard M. Friedman

In a case decided several weeks ago, but which has just become available on LEXIS, a Colorado federal district court rejected a defense under the Religious Freedom Restoration Act to charges of violating U.S. Forest Service regulations requiring a permit for groups of more than 75 individuals on Forest Service land.  United States v. Sowka, 2010 U.S. Dist. LEXIS 80735 (D CO, June 23, 2010), involved conviction and a fine imposed on a member of the Rainbow Family of Living Light. The group gathers annually in undeveloped areas of National Forests to hold a prayer circle for peace and healing of the earth, and to discuss environmental and other issues. Gatherings held around July 4 typically attract thousands. This case grew out of the 2006 gathering at Routt National Forest in Colorado with some 10,000 in attendance. The court rejected defendant's argument that obtaining a permit violates Rainbow Family's religious belief that no individual can speak for the group as a whole. The court concluded that the regulations do not impose a substantial burden on defendant's exercise of religion, and that even if they do, the regulations are the least restrictive means of furthering the government's compelling interest in protecting resources as well as public health and safety. (See prior related posting.)

Full post as published by Religion Clause on August 13, 2010 (boomark / email).