Judge allows unrecognized Indian protection

THURSDAY, OCTOBER 10, 2002

A Native American "holy man" who is not a member of a federally recognized tribe can keep two bears at his Pennsylvania home for religious reasons, a federal judge recently ruled.

On September 25, U.S. District Judge Thomas I. Vanaskie ordered state game officials to stop civil and criminal proceedings against a man who claims descent from the historic Lenape tribe. The ruling said Dennis L. Blackhawk's constitutional rights were violated because he was not allowed an exemption from animal permit fees.

"In short, Pennsylvania does not have a compelling interest in requiring Black Hawk pay the permit fee," Vanaskie wrote in the 33-page decision. "Therefore, the denial of a religious exemption to the permit fee requirement, where a system of individualized exemptions exists, violates the Free Exercise clause of the First Amendment."

The order appears to wrap up a long dispute over two black bears, Timber and Tundra, that have been raised in captivity since 1994. Blackhawk brought the animals, to which he claims a spiritual connection because he had dreams about them as a child, to Pennsylvania in 1995.

Officials at first issued a permit for the bears but a dispute emerged over an annual $200 fee. Citing financial hardship, Blackhawk in 1998 requested an exemption for religious reasons.

A state official contacted the Bureau of Indian Affairs, which suggested Blackhawk needed some type of identification as an Indian. Blackhawk lacks documentation but court papers claim he was "adopted" by the Oglala Lakota Tribe of South Dakota and a generic "Haudenosaunee" tribe.

With that information, the state denied the exemption. No analysis was done to consider Blackhawk's constitutional rights and officials moved to confiscate the bears.

A snag arose when the bears escaped and apparently bit two people, including a game commissioner. State officials wanted to kill the bears for fear or rabies but Vanaskie in August 2000 barred any action.

The two individuals never developed any problems. One was Blackhawk's neighbor.

Blackhawk won his right to keep the bears but lost his claims for damages against several state officials. Vanaskie said some of them were not involved in the decision to deny the fee exemption.

Blackhawk owns a company called Lenape Game Farm. He has received substantial local press coverage for his battles and support from Indian activists across the country.

Get the Case:
Black Hawk v. Commonwealth of Pennsylvania (9/25) | Prelminary Injunction (August 2000)

Relevant Links:
Dennis Blackhawk's home page - http://members.tripod.com/~Blkhawk/index.html