Cowboy Roast House evicted from Tsuut'ina land next to Bragg Creek

BRAGG CREEK - It has been described as a favourite weekend gathering spot, a place to enjoy the best slow-cooked meat in the world, and an eyesore.

But whatever the perspective, one thing is certain: the orange dinner bell on the Cowboy Roast House in Bragg Creek will clang no more.

On Canada Day there was no activity at the roadside eatery, and it looked like the site had been abandoned in a hurry. There were a few cans of pop still slightly cool in a washtub full of rainwater, a coffee urn on the outdoor counter, and some tools lying about. A small group of visitors ate their Subway sandwiches at one of the tables.

The rustic eatery at the entrance to Bragg Creek is actually located on Tsuut'ina Nation land. Proprietor Wade Hornberger, who ran the cowboy eatery on weekends for the past six years, said he was surprised when a nine-person entourage from the Tsuut'ina Nation appeared on his doorstep a couple of weeks ago, informing him he did not have the proper permissions to sell his slow-roasted pork and beef and occasional rabbit stew.

The site, which is on a pie-shaped lot at the corner of Balsam Ave. and Burnside Dr., borders directly on Bragg Creek, and is the first thing tourists see when they visit the hamlet.

Hornberger said he received no prior written notice of any breach, no contact of any kind, before nine Tsuut'ina police officers showed up at his door with a citation.

“They were hot to trot – the Chief, two sergeants and the rest of the platoon came out to evict me,” he said. “They gave me 48 hours to vacate – structures and all buildings.”

The Nation issued him a Band Council Resolution, which stated he was unlawfully residing on Tsuut’ina land, and to “remove yourself and your belongings and to clean up the area.”

It stated further that the band would be seeking compensation for damages Hornberger had caused to the land.

Hornberger was on site removing some chainsaws and other equipment after the 48 hours had expired when Tsuut'ina police appeared again and gave him a ticket for trespassing.

“They called me an illegal,” he said.

That ticket is a summons; he must appear in court to face the charge in September. That summons was delivered June 23, the same day Hornberger posted to a Bragg Creek community Facebook page about the ordeal.

“A series of misfortunate events cowgirls and cowboys,” his post stated. “Political unrest at the Cowboy Roast House folks. Not looking promising. We loved the adventure of serving the cowboy meal for [six] years and are grateful for new friends made along the way. Cheers to the cowboy meal. Take good care of each other for we do have that. Until another time, health, wealth and happiness for y'all.”

Glenn Kelly runs the Bragg Creek Barbershop, where community opinions are often voiced. He said the reaction to the news of the eviction from his clients was “mixed.”

“Some people liked the food there, but the general consensus is people are hopeful something better will be done with that space,” he said.

Kelly said that some people who spoke with him said the roast house was “kind of an eyesore” and suggested perhaps a green space or maybe a farmers market as possible improvements.

He added another downside was that the roast house was kind of a distraction to motorists at the busiest intersection in the neighbourhood.

Although Hornberger’s social media post sounded like it was the end of the line for the roast house, when asked four days after publishing that post whether he plans to appeal the decision, or perhaps fight it in some other way, Hornberger struck a more determined tone. He said he was not going to start tearing down his buildings, at least not yet.

“What I’m going to do, I have no clue,” he said. “But I’m a salesman and I’m a real, real grinder, and when I’ve got the right people and the right product, you can’t get me off your doorstep.

“I’m going to fight it anyway I can.”

The roast house is basically a mobile camp, so everything can be taken apart and moved. Hornberger said he didn’t know what has changed from Tsuut'ina’s standpoint, to necessitate him moving after six years operating at the site, but he remains hopeful he can break down whatever barriers exist.

Hornberger said he had an agreement with a Tsuut'ina Nation member, (who has essentially been his landlord) who in turn, had an agreement with Tsuut'ina.

The Tsuut'ina Nation responded to a request for comment from The Eagle with a letter dated June 29, signed by Darrell Crowchild, Chief Executive Officer, Tsuut'ina Nation Enterprises.

“The Nation Lands in which Mr. Hornberger was operating his business are leased lands which require a sublease,” the letter stated. “Mr. Hornberger did not have a sublease and has been unlawfully operating his business on these lands.

“For a number of reasons, including environmental, health and safety concerns, a decision was made to ask Mr. Hornberger to peacefully leave the lands.”

The aptly named roast house was a unique gathering spot featuring picnic tables, open fires, and a cowboy ambiance cultivated by Hornberger, who can be seen on his Facebook page performing a number of axe-throwing tricks.

Coincidently, a statement from the executive director of the Tsuut’ina lands department on June 30 warned that people who trespass could be threatening their own safety and will face legal repercussions. The Cowboy Roast House is not mentioned in the release.

The statement said the Nation has had many incidents of “disrespectful and irresponsible” people trespassing on Tsuut’ina lands to sunbathe in the nude along the Elbow River, divert water from riparian areas, squat, and dump garbage, among other trespassing infractions.

Some of the land being crossed includes part of an old Canadian Forces base that may contain unexploded artillery or other explosives.

The statement also said trespassers disrupt “serious” riparian zones and put stress on already stretched resources.

“More importantly, our citizens are sometimes threatened by these trespassers who often create conflict,” the statement from Tanis Onespot reads. “According to our Treaty, His Majesty’s subjects and successors are to respect our lands and to never encroach or molest us on our lands. Unfortunately, this is happening on a frequent basis and we have been more than patient and accommodating.”