Judge denies government motion to stop Shovel Brigade

Sandra Chereb

Thursday, June 29, 2000 | 4:17 a.m.

ELKO, Nev. - A federal judge has denied a Justice Department attempt to block a citizens' revolt aimed at reopening a remote road in rural Elko County over the July Fourth holiday.

At the conclusion of arguments Thursday, U.S. District Judge Philip Pro ruled the government didn't meet its burden of proof in showing that work by the Shovel Brigade on South Canyon Road would cause irreparable harm to the threatened bull trout or violate the Clean Water Act.

Pro also denied the government's argument that protesters would be trespassing because they failed to obtain necessary permits from the U.S. Forest Service.

The judge said he was reluctant to issue the restraining order on those grounds because it came too close to infringing on First Amendment rights of free speech and assembly.

The ruling was greeted by Shovel Brigade leaders with a sigh of relief. They say the rally to reclaim the road will go on as planned.

Organizers anticipate as many as 5,000 people might turn out for the two-day affair in the tiny town of Jarbidge on the Nevada-Idaho line. The 1.5-mile section of dirt road that was washed out by a flood in 1995 in the Humboldt-Toiyabe National Forest has become a symbol of resentment in the West over federal control of public lands.

Elko County leaders maintain that the Forest Service promised to fix the road that leads to campgrounds but never did.

While denying the injunction, Pro stressed that the Justice Department has other means to enforce laws. He added that his ruling shouldn't be construed as approval of any intended violations.

Shovel Brigade leaders have maintained they will not conduct any work near the Jarbidge River, home of the southernmost population of bull trout.

Residents urged Elko County commissioners Wednesday night not to let the federal government's threat of a lawsuit bully them into signing an agreement aimed at resolving the dispute over South Canyon Road.

"The grand scheme is to take away our rights and liberties," said resident Bob St. Louis. "If you don't believe me, ask tobacco companies, gun makers, ranchers, loggers, fisherman (and) Bill Gates."

About 80 people attended the special commission meeting on the proposed agreement.

Most were opposed. Only one urged commissioners to accept it.

"There is no evil in this agreement. Only opportunity," said Elko resident John Rice.

After a 3 1/2 -hour hearing, commissioners said they needed more time to consider the agreement and voted unanimously to delay action until after the Fourth of July - when the Shovel Brigade plans to reclaim the road with picks and shovels.