Matilde Torres and Gary Perez can often be found at Brackenridge Park across the San Antonio River from the Pump House.
Zoom in: The couple, both members of the Native American Church, pray there a couple of times a week. The setting, surrounded by trees and birds, is integral to their prayer.
- In recent years, that scene has been disrupted by people clapping boards and setting off fireworks to scare birds.
Why it matters: The park is swept up in changes from a bond project voters approved in 2017, which includes removing 48 trees to restore the Pump House and river walls.
- Torres and Perez worry their history in Brackenridge — along with their access to the sacred space — will be cut down with the trees.
Perez says their story of creation stems from constellations of a fish, a bird, the San Antonio River and the nearby Blue Hole. It’s called Na’pako, or “our journey.”
- The constellations are reflected in the river like a mirror, creating a meeting of Earth and sky that’s important to their ceremonies, Perez says.
- Perez is the secretary of education, training and research for the Pakahua Peoples of Northeastern Mexico and Texas. Torres is Otomi (Indigenous people of Mexico) but also a member of the Pakahua tribe.
- They join in prayer about every two weeks with a larger group.
Catch up quick: Perez and Torres sued the city in August 2023, saying they didn’t have access to the spot at the river to conduct prayer ceremonies. Fences blocked off the area ahead of work on the bond project.
- They tried to work with officials beforehand, Perez says, and the lawsuit was a last resort.
- Their lawsuit also sought to halt the tree removal and to prevent the city from continuing its efforts to stop certain birds from nesting in the park, which they say drives away cormorants, a type of bird important to their ceremonies.
- They didn’t win on those counts. But a judge did rule that the city must grant them access to the spot at the river for prayer. It has remained open since.
What’s next: They filed a petition for a rehearing, and the Texas Supreme Court is set to hear oral arguments on Dec. 4. Perez and Torres are seeking the same things, but now under a never-before-tested state constitutional amendment that protects religious services.
- Texas voters passed the amendment, which prohibits any laws or rules limiting religious services, in 2021, following some pandemic-era restrictions on services. The case argues Perez and Torres can’t perform their ceremonies without the trees and cormorants.
The other side: Although interpretative signage is not finalized, the city plans to include Indigenous and early history of the park in the bond project, Shanon Shea Miller, director of the city’s Office of Historic Preservation, tells Axios.
- Chris Maitre, Brackenridge Park Conservancy CEO, tells Axios the nonprofit is committed to recognizing Native American history in park projects.
Yes, but: Perez is concerned those interpretations of the river won’t meet the standards of Native American people who practice religion there today.
What they’re saying: As officials create more ways to share the history of Brackenridge Park, Perez and Torres want a chance to tell their own story about the park’s Indigenous connections, Perez tells Axios.
- “We’re still here. We’re still praying,” Torres says.
State of play: Torres and Perez have been especially vocal protestors against the city’s efforts to prevent migratory birds from nesting in the park. The city began nesting-prevention efforts in 2015.
- City officials have said those efforts were unrelated to the bond program but apologized after emails suggested otherwise.
- And although officials say they are taking into account feedback on the trees and overall park plan, they don’t intend to stop their efforts to prevent nesting, saying the birds essentially took over a section of the park and created unsanitary conditions.
That’s not how Torres and Perez see it. To them, the birds are a natural part of a park where surrounding development and gentrification have been creeping in…