Court Rules In Favor of the Comanche Nation

Ft. Sill Halts Construction of Warehouse South of Medicine Bluffs

By: Jolene Schonchin of the Comanche Nation News

“It is just like putting a warehouse in front of the Vatican or in the parking lot of a church. I'm sure the members of that church would not appreciate it.”

-Rita Coosewooon, Comanche Tribal Elder

It was ordered Sept. 23 by the United States District Judge Timothy DeGiusti to grant the Comanche Nation with a Preliminary Injunction against Ft. Sill's construction at the southern part of Medicine Bluffs.

The Comanche Nation filed a motion for preliminary Injunction with an application for Temporary Restraining Order that was issued to Ft. Sill Military Base on August 18, and posted a $25,000 security bond.

The hearing took place Sept. 10-15 at the United States Federal District Court for the Western District of Oklahoma in Oklahoma City, Okla

The Comanche Nation claimed the need for the injunction was based on the site selected for the construction of a 43,000 square foot Training Support Center (TSC). The construction site is south of Medicine Bluffs, a land form that is listed on the National Register of Historic Sites, and is a place where not only Comanches, but other tribes have prayed and gathered medicined since time immemorial. The Comanche Nation claimed the construction of the TSC warehouse is in violation of the Religious Freedom and Restoration Act (RFRA).

The Medicine Bluffs are four adjoining bluffs that are about one mile in length on the south side of Medicine Bluff Creek. From the south, the landscape rises to the top of the bluffs. From the north, the bluffs become a vertical cliff of around 310 feet high. It is well known that the Medicine Bluffs importance to the Comanche Nation and other tribes predates the establishment of Ft. Sill in 1869.

Ft. Sill argued The Comanche Nation did not meet the requirements for an injunction and the TSC warehouse is critical to fulfill it's obligations for the Base Realignment and Closure (BRAC) Commission.

RFRA claims were emphasized by tribal member Jimmy Aterberry and the Comanche Nation.

“As a Comanche man, Medicine Bluffs is a spiritual center of my religions beliefs and the heart of the current Comanche Nation,' said Arterberry in a court declaration, “The Medicine Bluffs site is an extremely important sacred site to me as a Comanche Man.”

The Comanche Nation's RFRA claims stressed that the Medicine Bluffs has historically been the focus of sacred Comanche traditional religious practices, and it still continues to have religious importance. The tribe pointed out the area on the south side of the bluffs has traditionally been an area where tribal member and other Native American have gone to pray, have customary ceremonies, and gather plants for traditional use. It was also state the south side of the Medicine Bluffs is the only side which to gain access to the peaks of Medicine Bluffs.

Ft. Sill argued the construction site does not interfere with the tribe's ability to pray and practice their religions customs. They further claimed in the court hearing they did not regard the south side of the Bluffs as having traditional Native American significance. They claimed they only knew of the North side of the bluffs having the tribal importance.

The Comanche Nation also stated Ft. Sill did not comply with the NHPA because they did not consult with the Comanche Nation or other interested parties. Ft. Sill knew about matters regarding the cultural significance of where the TSC construction site was as early as July 2007 and they did not take that into consideration when planning to build on that site.

Ft. Sill argued the tribe had timely notification but they did not comply with the NHPA because they did not receive any objections within the time frame the tribe was given to respond. Ft. Sill also testified the response they received from the Comanche Nation suggested they had no obections to the TSC site.

The court heard testimony from several prestigious members of the Comanche Nation Chairman Wallace Coffey, Thomas Blackstar, Rita Coosewooon, and Bernard Kahrahrah, th name a few. They all concluded that the Medicine Bluffs remained a sacred site for the Comanche people and are used for religions practices for hundreds of tribal members. They also agreed in their testimonies the south side of the Medicine Bluffs is the traditional way to enter the bluffs, and the tribe has a name for the entryway, which translates to Sweet Medicine. The tribal members also testified tribal bands would cam at the base of the bluffs to support the ones who went to the top of the Bluffs for healing and religious purposes. Seat lodges were also put up along the south side, as well. The unobstructed view of the Bluffs play an important part of the traditions of the Comanche Nation.

Dr. Joe Watkins, who is the University of Oklahoma Director of Native American Studeies, explained the traditional religious rituals were very private.

Ft. Sill claimed they received $7.3 million of the construction of the TSC warehouse and they lose an estimated $1,500-$2,000 every day there is no progress on the construction site. It was told to the court becuase of BRAC, Ft. Sill will sonctruct more than two million square feet of new building space through the year 2011, which is the deadline set by BRAC. Further, if the current contract is terminated it is possible the BRAC funds could be redistributed to other installations to pay for other BRAC projects.

The TSC warehouse, which was selected by Ft. Sill's Master Planner Francis LePine, will be used to store, issue and maintain training aides, devices and simulators and will be replacing aging buildings. Military officials testifed the TSC warehouse is a critical BRAC project. Although documentation presented in the hearing did not list the TSC warehouse project as a "critical mission".

LePine stated in his testimony he was not aware that the viewscape norh of Randold Road to the Bluffs from the south side held any cultureal or religious significance to the Comanche Nation or other tribes. He also said he considered another site for the warehouse, about 2,500 feet west of the selected site along Randolph Road. THe alternate site meets all the necessary site meets all the necessary requirements of choosing a site but he said it was not accessible to utilities.

Although an Enviornmental Assessment (EA) was supposedly mailed to the Comanche Nation aroud Sept. 14, 2006, the document did not precisely identify where the TSC warehouse site was to be built.

A key testimony for the Comanche Nation was of Twana Spivey, Director and Curator of the Ft. Sill Museum, a position which he has held for 26-years. Spivey is reVoelker, Comagarded as an expert on Ft. Sill's history and of the Native American cultural and religious significance within the Ft. Sill base. Spivey testified he became aware of the construction site around Medicine Bluffs about June 2007 and began a trail of emails to Glenn Wheat, Ft. Sill Environmentl Division Chief, Timothy Haymend, which was forwarded to Burl Ragland, Deputy Director of Public Works at Ft. Sill, LePine, and Walter Garner, Program Manager and facilitator of the TSC warehouse project, and Ft. Sill Garrison Commander COL. Robert Bridgford to name a few. His emails urged reconsideration of building around the Medicine Blufffs since it has cultural and religious significatnce to the Comanche Nationand neighboring tribes. His emaile were ignored for the most part. In cross testimony, Ft. Sill attorney pressed the issue Spivey did not have authority to consult LePine or any department head regarding the construction of the TSC warehouse.

COL Bridgford took the stand to say he did not know of the cultural and religious significance the Medicine Bluffs had to the Comanche Nation until the court hearing.

It was also brought out in testimonies on Feb 15, 2008 William Voelker, Comanche Nation NAGPRA Chairman, wrote to Major General Peter Vangjel, Commanding General fo Ft. Sill stating the Medicine Bluffs were placed in danger due to the proposed construction site. A letter from Col. Bridgford dated April 8, 2008  to Voelker said the Comanche Nation failed to express any concerns about the the Medicince Bluffs. He further stated a a letter was sent to the tribe Aug. 10, 2007 and the tribe did not respond. He said Ft. Sill met the requirements to consult with the Comanche Nation and they had time to respond.

Another letter from Voleker was sent to Bridgford in May 2008 urging the halt of construction around the Medicine Bluffs. Another letter was sent in July 2008 signed by the entire Comanche Business Committee opposing the construction site. In July and August, both the Comanche Nation and Ft. Sill tried to compromise, resulting without progress.

After hearing 4 days of testimony and evidence, United States District Judge Timothy DeGiusti concluded Ft. Sill did not consider the Comanche Nation's religious practices when selection for the site for the TSC warehouse, the actions of Ft. Sill were contrary to the letter and spirit of the NHPA and its implementing regulations.

"As noted above, it has been said that the NHPA requires an agency to 'stop, look, and listen'; the evidence in the present case suggest that the defedants merely puased, glanced, and turned a deaf ear to the warning of adverse impact. Thus, the defendants fell short of the reasonable and good faith efforts required by the law." Jedge Degiusti wrote in his summary.