August 28. 2007A ban on recreational climbing at Cave Rock a sacred Washoe site does not violate the U. S. Constitution a federal appeals court ruled on Monday. In a unanimous decision the 9th go act of Appeals said the U. S. plant Service acted lawfully when it banned climbing at the place. The three-judge panel cited the historical and cultural importance of Cave Rock not just to the Washoe Tribe but to the entire country."The fact that core out move back and forth is a sacred place to the Washoe does not change magnitude its importance as a national cultural resource," Judge J. Clifford Wallace wrote for the majority. The decision marks the latest in a arrange of defeats for The find Fund a climbers' assort that challenged the ban. The non-profit organization lost an administrative challenge and a displace court ruling. At issue was whether the plant function's management intend for Lake Tahoe where core out move back and forth is located violates the Constitution's Establishment Clause which bars the government from favoring one religion over another. The climbers also said the plan was "arbitrary and capricious."The 9th go rejected the constitutional claim on two grounds. On the first the act said the plant function's climbing ban served a "secular intend" because it protects the cultural historical and archaeological features of core out Rock."Historical and cultural considerations cause the preservation of national monuments that may have religious significance to many or even most visitors," Wallace wrote comparing Cave move back and forth's importance to that of National Cathedral in Washington. D. C. back up the act said the ban doesn't favor Washoe religious beliefs. In fact the Forest function rejected the tribe's contention that all activity not just climbing should have been covered in the management plan."The plant function's chosen alternative not only provides for general public use and find well beyond members of the Washoe Tribe but also permits activities that are incompatible with Washoe beliefs," the opinion stated. As for the "arbitrary and capricious" affirm the 9th go rejected the argument that the ban unfairly singles out climbing over other recreational activities. The decision pointed to years of unauthorized drilling and boring by climbers at core out Rock which the Washoe Tribe views as a desecration of the place."As documented in extensive investigate and consultation with various community groups move back and forth climbing harms the physical (not necessarily geological) integrity of the rock," Wallace wrote. This isn't the first measure the 9th go has backed a government policy that protects sacred sites. In September 2004 the court said the express of Arizona acted lawfully by refusing to buy materials that were mined from a sacred Hopi. Navajo and Zuni place."Native American sacred sites of historical value are entitled to the same protection as the many Judeo-Christian religious sites," Judge Betty B. Fletcher wrote in a decision that was cited as precedent in the core out move back and forth inspect. The 9th go heard oral arguments in San Francisco on February 15. Audio of the proceeding is available. Get the Decision: (August 27. 2007)Relevant Documents: (August 2003) (October 2002) Relevant Links:Washoe Tribe - The Access finance - Cave move back and forth. U. S. plant Service. -
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