Mooney action targets government

The founder of a Native American church has filed a complaint against the country, state and Utah County, saying previous action taken against the church has had a "chilling effect on their exercise of their religious faith."

Months after federal prosecutors announced an agreement had been reached over the couple's use of peyote during religious ceremonies, Linda and James "Flaming Eagle" Mooney filed the complaint in U.S. District Court in Salt Lake City. They are seeking relief from previous allegations of illegal use of the substance, believed to be derived from a hallucinogenic plant.

"We had no other choice," they said in a statement issued Monday. "No state or federal government agency would bring justice about or protect our Native American church members to worship freely."

The Mooneys belong to the Oklevueha Earth Walks Native American Church, which believes peyote is a deity and that through its use church members "may gain full spiritual completion," according to court documents. They claim the government has deprived them of their First Amendment rights to freely practice religion.

"Again, it is amazing that we have been forced to this extreme just so we can worship in our Native American Church," the complaint states.

Since 2000, several criminal investigations and prosecutions have been carried out by the federal government, eventually resulting in charges that were dropped earlier this year when the Mooneys agreed to never again possess, buy, use or distribute peyote "until they become members of a federally recognized tribe or there is a definitive clarification of the law regarding the use of peyote by court ruling or legislative action," according to the U.S. Attorney's Office.

Monday's complaint states ancestors of the Mooneys deliberately avoided enrollment in tribal organizations to avoid negative consequences such as discrimination, forced migration, denial of property rights and various civil liberties. The Mooneys uphold their ancestors' decisions and believe themselves to be deserving of all constitutional rights, regardless of whether they are enlisted into a tribe.

They are seeking injunctive and declaratory relief from the state and federal government, prohibiting them from interfering in religious practices and barring any future prosecution. They are also asking for damages.

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E-mail: wleonard@desnews.com