On April 5, 2002 the United States District Court for Utah upheld provisions in the National Park Service's Rainbow Bridge management plan which "out of respect for the sacred nature of this area to American Indian groups" "discourages" but does not expressly prohibit, visitors from walking under Rainbow Bridge. It is the practice of park rangers to advise the public of the sacred nature of the area and request the visitors not to walk under the bridge. A sign similarly requests visitors not to walk near or under the bridge out of respect for its sacred nature.

The federal district court in Natural Arch and Bridge Society v. Alston concluded that NPS policy and conduct did not constitute an endorsement of Indian religion, but rather represented reasonable respect of American Indian culture. However, other courts have noted that Indian culture and Indian religious beliefs are often indistinguishable. The court further found that since there was no "officially imposed consequences" for ignoring the NPS request, the policy had no coercive effect. Nevertheless, Plaintiff Earl DeWaal was dissuaded on two occasions from walking under the bridge even though he desired to do so. Lack of stated consequences does not mean that a policy does not intimidate and coerce compliance through fear. How many dare resist the "voluntary requests" of uniformed rangers?

The fact is that NPS and other federal land management agencies continue to endorse, and compel, religious devotion to American Indian sacred objects, whether Rainbow Bridge in Utah, the Medicine Wheel and Devil's Tower in Wyoming or other sites. The good news in the instant case is that the district court concluded that Mr. DeWaal had standing and had shown that he had directly been affected by NPS policy. Heretofore, the Tenth Circuit Court of Appeals has avoided reaching the serious constitutional issues by finding that litigants lacked standing. This case has the potential of being decided on the merits by the Tenth Circuit Court of Appeals and, ultimately if necessary, the United States Supreme Court.

The case is presently in mediation pending appeal. If NPS does not reverse its position, the case will appropriately be appealed. Mountain States Legal Foundation is to be commended for its continued representation of plaintiffs whose constitutional rights are being violated by federal government policies that endorse earth worship.

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