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Aztec dancers file lawsuit following federal agency's confiscation of custom feathers

The incident happened when the group was crossing the U.S.-Mexico border at the San Ysidro Port of Entry.

Marcela Navarrete

A group of Aztec dancers filed a lawsuit against the U.S. Fish and Wildlife Service after the department confiscated traditional feathers worn during performances.

While at the San Ysidro Port of Entry, the dancers’ traditional feathers were confiscated as they tried to cross the border in March. The group said they were treated like criminals during their encounter with officials and considered their constitutional rights to practice their religion violated.

According to dancer Ruby Marek, personnel from the U.S. Fish and Wildlife Service seized more than 1,500 feathers that are part of the group’s cultural and religious practices.

“Some of the things the community enjoys are our feathers and traditional wear,” Marek said. “It’s a way for us to build recognition that we’re proud and that this is a land of immigrants, but they want to clip our wings.”

According to documents from the agency, some feathers were in violation of laws that protect endangered birds.

“We understand that they are endangered birds, but we’re not carrying them. We’re not bringing any danger to the animals,” Marek said.

The group insists the feathers were handed down to them from previous generations and were collected from animals that were either already deceased or from birds that molted. Now, the group is seeking $1 million in compensation for their experience.

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“There are four plaintiffs. Two live in Mexico and two live here (in the U.S.),” said attorney Jaime Gutiérrez. “We’re seeking $1 million per person since their right to practice their religion was violated.”

The dancers were fined by the department. According to their lawyer, protections for Native Americans should similarly be applied to Indigenous Mexicans.

“All we do is share our customs in an artistic and creative way,” Marek said. “I’d love to demonstrate my culture and religion without being treated like a criminal.”

Despite their encounter, the group shows children and young adults their traditional dances for free.

According to the law, in some cases, it’s required to obtain permission to carry some feathers. In the particular case of the dancers, it’s unclear if that applied.

The U.S. Fish and Wildlife Service told NBCLA’s sister station, Telemundo 52, it would not comment on the matter at this time.

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