Snowbowl manager cites guidelines for protests

By Marley Shebala, Navajo Times, DECEMBER 20, 2007

WINDOW ROCK – A day after Clayson Benally returned from a “Save the Peaks” rally outside a federal courtroom in Pasadena, Calif., he said the general manager of the Arizona Snowbowl tried to stop him from praying on the mountain.

On Dec. 11, the 9th Circuit Court of Appeals heard legal arguments over plans by the Snowbowl ski area to use reclaimed sewage effluent to make artificial snow, which the Navajo Nation and a dozen other tribes believe would violate their religious freedom as guaranteed under federal law.

Outside the court room, Benally and about 250 other people demonstrated with signs and banners.

All 11 judges of the 9th circuit were rehearing the case, in which a three-judge panel had earlier overturned a district court finding.

The district court had ruled that a decision by the U.S. Forest Service to allow the Showbowl to produce artificial snow and expand its operation did not violate the religious freedom of the 13 tribes.

On Dec. 12, Benally returned to Flagstaff accompanied by Christopher Barney of Rough Rock, Ariz. They talked about going up to the peaks to pray, make an offering, and bless themselves with snow.

Benally said he and Barney drove to the Snowbowl because it is the only road in the peaks that the Forest Service keeps open in winter.

Benally said when they arrived they were approached by J.R. Murray, the Snowbowl general manager, who threatened to have Barney arrested for “disruptive” behavior, Benally said.

At press time, Wednesday, Murray had not returned a phone call from the Navajo Times.

Benally said Murray handed Barney a sheet of Snowbowl letterhead paper on which was printed “Rules of Use – Right to Assemble.”

According to the policy, “Everyone and anyone is welcome to enjoy the available activities, as long as they conduct themselves in a manner that is not disruptive, or harassing to guests and employees.”

The policy affirmed the First Amendment right of freedom of speech, stating that the government has the authority to “manage: time, place and manner of first amendment activities.”

But the following paragraph stated, “The ski area has a right to deny access to individuals and groups that are disruptive or interfere with the operation of the business and the enjoyment of its customers.”

The paper then defined “disruptive actions: Blocking or obstructing any roadway, parking lot, entryway, or access to any building or chairlift.

“Assembling inside the special-use permit boundary in an uncooperative and abusive manner that generates noise and disruption that is unacceptable to employees, guests, vendors and others.
“Conducting protest activities that could adversely impact the rights of employees or guests.

“Distribution of printed information to guests or employees in a disruptive or disorderly manner.”

Benally said he explained to Murray that they were not there to protest but to pray.

After that, he said, Murray “changed his tune” and thanked them for praying for snow.

According to Benally, Murray explained that he just didn’t want the pair to be seen and instructed them to use a small area of the resort parking lot.

He said they explained that since they would be praying, they needed a place that was private and where the snow was undisturbed.

Benally noted that officials for the ski area and the Forest Service have testified in court that Native Americans have never been denied access to the peaks for religious purposes.

“We have every right to go up there,” he said. “It’s out church. It’s something that is pristine, pure.”