Native American group files another lawsuit against Alamo restoration, George P. Bush

AUSTIN — A Native American organization that says its ancestors are buried on the grounds of the Alamo has filed another lawsuit against Texas Land Commissioner George P. Bush and others in the iconic battle site's renovation saying the project violates its religious freedoms.

Part of the lawsuit filed in state court in Austin last week by the Tap Pilam Coahuiltecan asserts that as the state official who oversees the Alamo, Bush is violating the Texas Religious Freedom Restoration Act. The 1999 measure was championed and signed into law by the commissioner's uncle, then-Gov. George W. Bush.

The ongoing $450 million renovation project, the lawsuit says, is preventing Tap Pilam members their "free exercise under state law" because they've been prevented from conducting their annual tribute to ancestors whose remains are on the Alamo grounds.

Tribal elders take a solemn vow to perform a remembrance ceremony, said Art Martinez de Vara, a San Antonio lawyer representing Tap Pilam.

Martinez de Vara said the latest court action comes after a federal judge in December ruled the organization did not have standing to sue Bush, the Alamo Trust and the city of San Antonio in federal court.

All are involved in the restoration project. Bush declined to comment on the latest suit, but his spokesman said earlier this year that Tap Pilam is "seeking to bring the Alamo plan to a full stop" and that the federal judge was correct in his ruling. The city of San Antonio has said in court documents that no religious freedoms have been violated by the project.

More:Texas Historical Commission rejects plan to relocate Alamo monument to the defenders

Martinez de Vara, however, said invoking the Texas religious freedom law in the state suit strengthens Tap Pilam's hand. The statute says state and local governments must show  "compelling government interest," such as protecting public health or safety, before limiting anyone's ability to practice religion.

"Religious freedom is not based on any particular brand," Martinez de Vara said. "It's not just Christianity, it's not just Judeo-Christianity."

He also noted that Tap Pilam had been welcomed for some 25 years to conduct the annual observance at the Alamo before the restoration project.

"They've been worshiping on this site for 300 years," he said. "It's not like they're some brand-new religion saying 'We're worshiping at the Alamo.'"

At least three sets of human remains have been discovered during the Alamo restoration project. Tap Pilam and members of an Alamo descendants group have been seeking without success to compel Bush's office to have them tested for DNA to help establish to whom they belonged.

More:Remember the Alamo: Native American group says up to 1,300 buried at historic Texas shrine

Tap Pilam has said it wants to be included in any decisions regarding the handling of remains found as part of the renovation project.

Martinez de Vara noted that the vote by the Texas Historical Commission to reject a permit supported by backers of the renovation project to move the Alamo Cenotaph, a monument to the fallen defenders, should be seen as push to take more views into consideration for what the 1836 battle site should look like into the future.

Several people and organizations told the commission that moving the Cenotaph would dishonor the defenders. Bush and others said the relocation was key to restoring the look and feel of the battle site to its 1836 form.

"Bring back a plan that unifies all Texans," Martinez de Vara said. "Not one that divides us."

Bush, in a statement after the 12-2 vote, said the restoration efforts will continue.

“It is an honor to bring Texas history alive through re-enactments, summer camps and the restoration of original Alamo cannons utilized during the battle. As we move forward, my work will continue to focus on preserving the sole remaining structures from the Battle of the Alamo, the church and long barrack, in addition to housing the (singer) Phil Collins collection."

John C. Moritz covers Texas government and politics for the USA Today Network in Austin. Contact him at jmoritz@gannett.com and follow him on Twitter @JohnnieMo.