Phillip v. State
Court of Appeals of Alaska
1Opinion of the Court
OPINION
ALLARD, Judge.
In June 2012, the thirteen defendants in this case-all Yupik fishermen living a subsistence lifestyle-were charged with violating the Alaska Department of Fish and Game's emergency orders restricting fishing for king salmon on the Kuskokwim River. The defendants moved for dismissal of the charges, asserting that their fishing for king salmon was religiously based activity, and that they were entitled to a religious exemption from the emergency orders under the free exercise clause of the Alaska Constitution.
The district court denied the motion to dismiss, holding that the…
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