The U.S. government is urging an Arizona federal judge to reject a Phoenix church’s request for $2.2 million in fees and costs following a settlement permitting the use of ayahuasca in its religious practices. The government argues that the lawsuit was unnecessary and would have reached the same conclusion through normal administrative processes.
DOJ Ayahuasca Church $2.2M Fees : DOJ’s Argument Against Fees
In a brief filed Tuesday, the U.S. Department of Justice (DOJ) contended that the Church of the Eagle and the Condor (CEC) should have pursued a petition for a religious exemption through the Drug Enforcement Administration (DEA) instead of litigating. According to the DOJ, the DEA would have granted the exemption without the need for court intervention.
The DOJ asserted that the settlement resulted from the DEA’s realization, after reviewing discovery materials, that the CEC likely qualified for the exemption. Thus, the church is not the “prevailing party,” as no court action was necessary to achieve the settlement. The agreement was reached before the completion of discovery and expert testimony depositions, the DOJ added.
Dispute Over Costs and Justification
The DOJ further argued that the government’s positions were substantially justified throughout the litigation. It prevailed on several issues during the motion to dismiss, making the CEC’s claim for costs inappropriate.