James and Linda Mooney papers

Collection

Identifier: ACCN 2722

Staff Only

Scope and Contents

The collection consists mainly of photocopies of various documents from the Mooney family, law enforcement, and various legal professionals, related to prosecuting and defending the various Mooney court cases. There is also a small amount of personal correspondence, family history, Native American Spirituality information, and other assorted documents.

The latter part of the collection consists of a large volume of Bates-numbered legal documents, likely compiled during the discovery process preceding the State of Utah v. James Mooney case. Many of the documents found in this section can also be found elsewhere in the collection (unnumbered), and vice versa.

Dates

1991-2010

Creator

Mooney, James Flaming Eagle (James Warren), 1944- (Person)

Conditions Governing Access

Twenty-four hour advanced notice encouraged. Materials must be used on-site. Access to parts of this collection may be restricted under provisions of state or federal law.

Conditions Governing Use

The library does not claim to control copyright for all materials in the collection. An individual depicted in a reproduction has privacy rights as outlined in Title 45 CFR, part 46 (Protection of Human Subjects). For further information, please review the J. Willard Marriott Library’s Use Agreement and Reproduction Request forms.

Historical Note

In the late 1990s James Warren "Flaming Eagle" Mooney and his wife Linda Taylor "Bright Hawk" Mooney founded Oklevueha EarthWalks Native American Church of Utah, Inc. Through this church they conducted a variety of religious ceremonies, including some that involved the hallucinogen peyote. In the United States peyote is considered a Schedule 1 drug, and is illegal to buy, sell, possess, or consume, unless the drug is to be used in a "bona-fide religious ceremony of a Native American Church." The Mooneys interpreted this exemption to mean that anyone who was a member of their church could legally use peyote in their ceremonies, and as such welcomed church members of both Native and non-Native heritage. They were eventually arrested and charged with several felony drug counts related to supplying peyote to persons with little to no Native American ancestry. The Mooneys fought back, alleging that the government's actions effectively amounted to restricting citizens' religious freedoms on the basis of race, and were as such unconstituional.

Extent

21 Linear Feet (41 boxes)

Language of Materials

English

Additional Description

Abstract

The James and Linda Mooney papers (1991-2010) chronicle the Mooney's legal battles regarding the 1st Amendment's Freedom of Religion clause, as it applies to Native American Spirituality and peyote use. The Mooneys were involved in several court battles, at both a state and national level, trying to resolve the ambiguity of United States drug law as it applies to religious usage.

Arrangement

The collection is arranged mainly by subject, with each box or group of boxes containing subject files on a certain topic, from a certain group, or regarding a certain case.