Mahwah Violated Ramapough Tribe's Religious Rights: Justice Dept.

MAHWAH, NJ — Mahwah violated the constitutional rights of the Ramapough Mountain Indians by interfering with their assembly on the tribe's Sweet Water prayer site, the U.S. Department of Justice said Monday.

In a statement filed on Monday, federal officials said the township of violated the tribe's rights under the federal Religious Land Use and Institutionalized Person's Act of 2000.

The law "protects the rights of all religious communities to worship on their land free from discriminatory barriers and unlawful burdens," New Jersey U.S. Attorney Craig Carpenito said. "Our office will continue to vigorously enforce the rights guaranteed by RLUIPA and take steps to ensure that it is applied correctly in our District."

Statements of interest address issues raised in lawsuits as courts determine whether they are ripe for consideration by courts. They are not rulings issued by courts. The tribe's complaint has yet to be heard in federal court.

"In our opinion, they are," said Matthew Reilly, a spokesperson for the New Jersey District of the United States Attorney's Office.

Baher Azmy, legal director of the Center for Constitutional Rights, a nonprofit that works to advance and protect rights guaranteed by the U.S. Constitution, issued a statement Monday afternoon regarding what the Justice Department.

"We welcome the Justice Department’s strong statement in support of the religious discrimination claims brought by the Ramapough Lenape Nation," Azmy said. "Their attention is essential given the ongoing harassment of the Ramapough by the Township of Mahwah and the Hunt and Polo Club Homeowners’ Association. As the United States’ brief explains, the law clearly entitles the Ramapough to pray on their land without continued interference."

Mayor John Roth declined comment.

The tribe filed a 12-count federal lawsuit against the township in May 2018. The Ramapoughs claim in their complaint that their First and 14th Amendment constitutional rights were violated and the town has illegally fined them $480,000 in summons fines for illegally erecting structures on the land, which is at the mouth of the Ramapo and Mahwah rivers.

The structures were erected in protest of the proposed Pilgrim Pipeline, part of which would run through New Jersey, and the Dakota Access Pipeline in North Dakota.

In its complaint, the tribe says the land is "a sacred site of immense importance" to the Ramapoughs, who have held "prayer and community cultural assembly" there for centuries. Religious ceremonies, pipe ceremonies, and sweat-lodge sessions are held on the land, the complaint states. The tribe's sacred prayer circle and a stone altar are on the site.

The Ramapoughs consider themselves the Keepers of the Pass, and guard the mountain passageway, rivers, and valley, according to the complaint.

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. (See related: Mahwah Continuing To Fine Ramapoughs For Prayer Services)

The tribe wants $1 million in compensatory and punitive damages. They also want the $480,000 in fines declared null and void and a declaration made that they have right to assembly and engage in prayer meetings.

The nation also accuses the Ramapo Hunt & Polo Club Homeowners Association of trying to intimidate the tribe to stop holding open-air prayer sessions on sacred ground.

The township, homeowners association, township Administrative Officer Geraldine Entrup, Thomas Mulvey, the township's property maintenance inspector, and 16 unnamed people are named as defendants in the lawsuit.

Polo Club members have reportedly shouted racist remarks at the Ramapoughs, have a security camera directed toward the Ramapough property 24 hours a day, threatened members, and demanded the town impose fines and jail time in an attempt to have the Ramapoughs forfeit the land, according to the complaint.

A Superior Court judge denied an injunction in December filed by the Polo Club association against the Ramapoughs. The club wanted to prevent "any religious" activity on the site and block people from staying there overnight. The club also wanted large gatherings and "activities that cause loud noises, smoke and air and water pollution" banned.

Bergen County Superior Court Judge Roy F. McGeady ruled in November that the Ramapoughs violated local zoning laws and must pay fines, but that they can continue to use the property for religious purposes and have tents there.

Related:

• Mahwah Continuing To Fine Ramapoughs For Prayer Services
• Judge Denies Ramapo Polo Club's Injunction Against Ramapoughs
• Judge Rules Tribe Broke The Law By Erecting Tepees
• Judge Sides With Ramapoughs, Lifts Restraining Order Regarding Tepees At Prayer Site
  

Email: daniel.hubbard@patch.com