Mahwah, Ramapoughs Settle Cases, Fines Dismissed

MAHWAH, NJ —The township and the Ramapough Lenape Nation have settled all state and federal cases involving the tribe's use of sacred land for religious ceremonies, ending a bitter legal battle stretching back three years.

The settlement was signed Friday said Jen Nessel, a spokesperson with the Center for Constitutional Rights, which represented the tribe in the federal lawsuit. It dismisses all fines levied against the tribe and summonses issued by the town in consolidated state cases filed by the town and the Ramapo Hunt & Polo Club. The fines ran into the millions of dollars, Nessel said.

Under the terms of the settlement, the tribe may continue to host community and religious gatherings at the Halifax Road property at the confluence of the Ramapo and Mahwah rivers, which they call the Sweet Water Prayer Site. The property borders the Ramapo Hunt & Polo Club.

The structures, including tepees, were erected in protest of the proposed Pilgrim Pipeline in New Jersey and the Dakota Access Pipeline in North Dakota. The town will not try to remove religious items from the land, including the tribe's sacred prayer circle and a stone altar.

Mayor John Roth could not be immediately reached for comment.

One proceeding is the township's Superior Court case against the tribe regarding use of the land. Another is an appeal from the tribe regarding a Municipal Court decision by Judge Keith Bachmann, who ruled that the tribe violated local zoning laws when they erected the tepees and other structures. The third local proceeding involves the summonses the town levied against the tribe.

The fourth case involves a 12-count federal lawsuit the Ramapoughs filed against the town in May 2018.

The Ramapoughs claimed in the federal case that their First and 14th Amendment constitutional rights were violated and the town illegally fined them. The tribe wanted $1 million in compensatory and punitive damages.

"We give thanks to all of our friends and allies and especially to all of the wonderful legal people who came in unity in this hour of darkness to make it possible for the Ramapough to once again come before the creator in prayer, in the daylight of freedom without the fear that had cloaked our families and children for the past three years," Dwaine Perry, chief of the Ramapough Lenape Nation Tribe, said in a statement Monday.

The Ramapo Hunt & Polo Club did not settle with the tribe. The club and town requested an injunction that would have prohibited the tribe from the land for religious purposes. The township dismissed its case in that proceeding as part of the settlement agreement. The club lost the case and have not appealed.

It is the second legal defeat against the club in proceedings related to the Ramapoughs. A Superior Court judge denied an injunction filed by the club's association in December 2017. The association wanted to ban all religious activity from the site and prevent people from staying there overnight. The club also wanted large gatherings and "activities that cause loud noises, smoke and air and water pollution" banned.

"Standing by and with the Ramapough has been and continues to be an inspiration," said attorney Matthew Daloisio, who represented the Ramapough in state court. "They are a community that has remained steadfast in the face of tremendous struggle, and their resilience and commitment — to one another, the land, and the larger community — serves as an example of what can be accomplished when people draw on the past and fight for the present."

The township first issued summonses against the Ramapoughs Dec. 13, 2016 for not getting the permits and permissions before constructing the structures, which include three 15-foot-tall tepees, several tents, several totem poles, and a cooking pavilion.

Bachmann ruled in January the tribe violated local zoning laws when they erected tepees and other structures on the land.

Federal officials said in March that the township of violated the tribe's rights under the federal Religious Land Use and Institutionalized Person's Act of 2000.

New Jersey Attorney General Gurbir Grewal announced in March that New Jersey settled an agreement with the tribe and acknowledged it officially recognizes the nation as a tribe.

Related:

• Ramapough Indians File Federal Lawsuit Against Town, Polo Club
• Trial Against Mahwah's Ramapough Lenape Tribe Begins Monday
• Mahwah's Ramapough Lenape Nation Recognized As Tribe
• Mahwah Continuing To Fine Ramapoughs For Prayer Services

Email: daniel.hubbard@patch.com