The Department of Justice argues the lawsuit was unnecessary and that the attorney fees are excessively high.
Following the settlement, the Church sought $2.2 million in attorneys’ fees and costs, arguing that their legal team deserved an “appropriate bonus” for their efforts, according to a report by Law360. The Department of Justice (DOJ), representing the government, responded by urging the court to deny the fee request. The DOJ argued that the lawsuit was unnecessary, contending that the Church could have simply applied for religious exemption from the Drug Enforcement Agency and received the legal permission to serve ayahuasca that it was looking for.
However, the DOJ’s argument that the Church could have simply filed a petition and followed the usual legal route contradicts its own historical precedents. Only three churches besides The Church of the Eagle and Condor have been granted exemptions from the Controlled Substance Act: the Santo Daime, the União do Vegetal, and the Native American Church. Martha Hartney, a Colorado-based attorney who has been working with the Church of the Eagle and the Condor, explained in a 2021 Chacruna interview that these two churches’ victories did not settle the issue for everyone else. “These two churches only received exemptions through litigation, not by petitioning or asking nicely,” Hartney said. “They had to fight for their right to use this sacrament.”
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The DOJ Doesn’t Want to Pay the Church of the Eagle and the Condor’s $2.2 Million Legal Fees
