::Native.Strength::

April 12, 2012

Begging for Scraps at the Table of Justice

Filed under: Politics — Tags: , , , , , , — Gyasi Ross @ 9:20 pm

Native people have the greatest interest of anybody in making sure that all poor people and all people of color receive justice when they are wronged. Many times in history American justice has given Native people the shaft, and so that might make a few of us impatient, angry and not wanting to share the spotlight when an “injustice” discussion comes up.

There are a couple of Native people who don’t want to share that spotlight.

Those Natives feel that they should have a monopoly on that injustice discussion; nobody knows American injustice like Native people. How dare the media talk about injustice toward other people until they address the injustice toward us?

To wit, when I first posted about the Trayvon Martin tragedy here, it received a huge response, both agreeing and disagreeing. Thank you. Although some perspectives are better thought out than others, I appreciate you all reading my words and giving thought to my thoughts. And even though I definitely love it when someone agrees with my perspectives, I’m Blackfeet—I also love confrontation and opposition. Fighting is fun, and The Thing About Skins is specifically intended to be a forum for fearless Indigenous writers (Cetan Wanbli, Rob Chanate, Ray, me) to push ideas, think outside of the box and to say the unpopular thing that a WHOLE bunch of Native people are thinking. The Thing About Skins was designed for precisely that. Therefore I was thankful that some people disagreed with my perspective so we could fight a little bit.

Most of the Native people that responded to the piece agreed that we need to push for justice of all people in this country. Most Native people “get” justice—we know that it sucks to be on the outside looking in and we don’t want others to feel that pain.

Still, there was one small group of dissenters about the Trayvon Martin piece that troubled me, and it wasn’t because they disagreed with me. People disagree with me all the time—I cannot tell my son to go brush his teeth without him giving me 30 reasons why he shouldn’t brush his teeth at that moment. And sometimes, as a result of his reasoning skills, he gets out of brushing his teeth. So I don’t mind disagreement—I actually encourage it.

That small but very vocal group of dissenters only wanted to contextualize the tragedy around Native injustice and therefore pushed the position toward Native issues. Those readers pushed forward a laundry list of Native injustice topics that Indian Country Today Media Network should be talking about instead of this dead child who was racially profiled and then killed by a person that shot first and asked questions later. One dolt actually hinted that we should be talking about, instead of the death of this child, Native mascots, as if the undeniable disrespect of Native mascots is more horrible than (alleged) second-degree murder. Another group offered the position that “There have been Native American children killed and there was never any prosecution. Why are we talking about this NON-NATIVE child, when it happens to our children all the time?”

That’s a fair point. We certainly should be talking about any Native children that had their lives taken early. We should be screaming from the rooftops for justice for those beautiful Native children, men and women that have been waylaid by the justice system; we need to be more proactive about protecting our own. No question.

Still, that love and demand for justice that we show to our own people doesn’t need to come at the expense of other people. In fact, it shows a profound spiritual poverty if Native people believe that the only way that we will get justice is by trying to compete with other ethnicities for justice, as if justice was a plate of our favorite food that everybody else will eat if we don’t eat all that we can right now. That is a lie that we’ve been sold, and we bought it hook, line and sinker—“there is only a little bit of justice, and so you better make sure that you cut everybody else’s throat to make sure that you get it.”

Ugly. Desperate. Spiritually impoverished.

We need to be more than a bunch of people begging for the tiniest scraps of justice at the great white father’s table, competing for those scraps.

Instead, we must realize that Native people have a vested interest in making sure that everybody in this country’s rights are respected. The more that all people of color are able to enforce their rights in this country, the more likely that justice will eventually make its way to Native people. We are all inextricably linked and need each other—therefore, Indian people should be screaming for justice for Trayvon Martin specifically because we’ve seen many instances of Native people being killed by rednecks under the theory that the Native people were “threatening” before. We should be screaming for the racial profiling of Mexicans in Arizona to stop specifically because we know what it feels like to be racially profiled and to thus be robbed of our rights. When redneck legislators attempt to limit the ability of homosexuals to decide whether they want to marry or not, we should stand beside them understanding how demeaning it is to have outsiders dictate what you can and cannot do as a group. We should stand with poor and voiceless people of all colors, including poor white people. We should stand up for them, because we would want them to stand up for us when our human and civil rights are threatened. No more begging for scraps—let’s demand full justice for all of our people.

Gyasi Ross is a member of the Blackfeet Nation and his family also belongs to the Suquamish Nation. He wrote a book called “Don’t Know Much About Indians (but i wrote a book about us anyways)” which you can get at www.dkmai.com. He is also co-authoring a new book with Robert Chanate coming out in the Summer of 2012 appropriately called “The Thing About Skins,” and the website and publishing company for that handy, dandy book is www.cutbankcreekpress.com (coming soon). He also semi-does the twitter thing at twitter.com/BigIndianGyasi

Read more @ Indian Country Today Media Network.comBegging for Scraps at the Table of Justice - ICTMN.com.

Beaver Lake Cree Nation Allowed to Continue Lawsuit Against Province and Feds

In a modern-day proverbial David-versus-Goliath victory, tiny Beaver Lake Cree Nation has persevered in its attempt to sue both the Alberta and Canadian governments for damages stemming from 15 years of oil sands development that it was never consulted on.

The Court of the Queen’s Bench has upheld the First Nation’s 2008 lawsuit despite the provincial and federal governments’ attempts to throw it out amid claims that it is frivolous. In her decision Justice Beverley Browne said that the case is worth pursuing because it raises issues and questions about aboriginal consultation overall that need to be addressed.

Winning the case would not entail revoking the 19,000 development permits that have been issued during that time, Browne said. Rather, it would allow both parties to “sit down and negotiate the application of the duty to consult and how ongoing aboriginal and treaty rights will be protected and managed,” the decision said. Browne implied that the court might even play a mediatory role.

“We have always been ready to talk, and we are pleased that the Court may even go so far as to supervise those talks,” Beaver Lake Chief Henry Gladue said in a statement. “The treaty is a sacred document for my people and we are very happy that the courts are prepared to back us up to ensure treaty rights are protected.”

The 900-population Cree First Nation claims in its lawsuit that it has lost its treaty-guaranteed ability to hunt, trap and fish on its traditional lands as a result of development in the oil sands region of Alberta. The First Nation is a signatory of Treaty 6.

The crude extracted from this development, which is carved out of the boreal forest, is sold mainly to the U.S. It would also be the source for oil sent to Asia through the contested Northern Gateway pipeline, as well as to the Gulf of Mexico should the Keystone XL pipeline ever get approved.

Here, Donald and Christine Twin describe the effects on their way of life, their health and their land. The Beaver Lake Cree Nation’s website has more info on their ongoing struggle to survive.

Click here to view the embedded video.

Read more @ Indian Country Today Media Network.comBegging for Scraps at the Table of Justice - ICTMN.com.

Trayvon Martin Case Another Example of Black and Native Communities Sharing Unfortunate Effects of Racial Profiling

On February 26, 2012, 17-year-old Trayvon Martin was shot and killed by George Zimmerman, a self-proclaimed neighborhood watch leader, as he returned from a nearby store where he had bought some snacks. Zimmerman, who says he shot Martin in self-defense, was arraigned on second-degree murder charges on April 12 in Sanford, Florida, after weeks of protest, leaks and speculation.

Because Martin was a young, unarmed black male, many people believe he was the tragic victim of racial profiling by an over-zealous Zimmerman.

LO RES george zimmerman AP120330041720 115x63 Trayvon Martin Case Another Example of Black and Native Communities Sharing Unfortunate Effects of Racial Profiling

George Zimmerman

Racial profiling is a scourge for all minority communities, and this tragedy calls to mind the fatal altercation between a Seattle police officer and a Native woodcarver John T. Williams in 2010. In both cases, the victim was confronted and killed by a man with a gun who thought he was protecting his community.

LO RES FEA Photo John T Williams Memorial Pole Totem if You Got Em courtesy John T WIlliams Family copy 270x266 Trayvon Martin Case Another Example of Black and Native Communities Sharing Unfortunate Effects of Racial Profiling

John T. Williams

Dr. Arica Coleman, a professor of African American studies at the University of Delaware, is of both Native American and African American descent and knows well the constant threat posed by racial profiling. “Just being a woman of color makes me a target,” says Dr. Coleman, who then recounts a recent incident that—although it had a peaceful resolution—reinforces her point. “I was dressed in athletic wear, taking a walk through my nice, white suburban neighborhood with an exercise weight in each hand—I was not the only one walking with exercise weights—pumping my arms vigorously so as to get an optimal workout,” she says. “I turned my head and spotted a police cruiser slowly trailing me. When the officer flashed his lights I immediately stopped.”

After Coleman gave the police officer the hand weights and her address, she says he expressed surprise that she was a resident of the community. “He blurted out, ‘Oh, you live in this neighborhood,’” she recalls. “With a wide smile I informed him that I had lived here for almost 20 years. His eyes widened when he heard that. I cracked a couple of jokes. We laughed, wished each other good day and I continued my walk, but I knew better than to believe that this was simply a case of curiosity; this was a case of Walking While Being a Person of Color in a pristine white neighborhood,” she says.

Dr. Arica Coleman e1334245619616 270x234 Trayvon Martin Case Another Example of Black and Native Communities Sharing Unfortunate Effects of Racial Profiling

Dr. Arica Coleman, a professor of African American studies at the University of Delaware, is of both Native American and African American descent. (Vincent Schilling)

Dr. Coleman says racial profiling is something she and all people of color must live with and negotiate around nearly every day to avoid becoming a victim. “I am a woman of color and as such my very existence and value are defined in this society based on where I fit in the American racial hierarchy. Consequently, I am never viewed as a professor, but rather a black professor who thinks she’s Native American. As a female colleague from Trinidad once told me, ‘I did not know I was a Black woman until I came to the U.S.’”

Walter Lamar knows racial profiling from both sides of the lens. He is the President and CEO of Lamar Associates, a company specializing in law enforcement, security and emergency preparedness. He is also a former FBI agent and served as the Deputy Director of the Indian Affairs Office of Law Enforcement.

Lamar says that although shooting deaths of both Martin and Williams were tragic, they were very different scenarios. He says Williams may have been killed because the officer was doing racial profiling, but it’s also plausible that the officer would have shot anybody—black, white or Native—holding a knife on a city street that day.

lamar walter Trayvon Martin Case Another Example of Black and Native Communities Sharing Unfortunate Effects of Racial Profiling

Walter Lamar

He says the Trayvon Martin case, however, is a completely different situation, and racial profiling was clearly a factor. He hastens to point out, though, that Zimmerman was not a trained law-enforcement officer, nor even a registered Neighborhood Watch volunteer. “He was just a yahoo with a 9mm pistol,” Lamar says. “The most dangerous person out there is a fool with a gun who has a hero complex.”

He adds that racial-profiling is a serious problem on border towns near reservations. “There are going to be border-town police who don’t like Indians and they are going to say ‘There is a carload of Indians—I bet somebody in that car is drunk and I’m going to pull them over.’”

Lamar says that even though racial profiling is against the law, many people—cops and civilians—have prejudices, and those prejudices come into play every day. “What you have to do is have cultural awareness training and you have to acquaint officers with the Native way of life,” he says.

Guilty for Being Brown 270x211 Trayvon Martin Case Another Example of Black and Native Communities Sharing Unfortunate Effects of Racial ProfilingColeman says that in light of recent events, comparisons of racial profiling in African American and Native American communities can—and should—be drawn. “When it comes to people of color, we must justify our presence in the public arena when we are within our so-called designated spaces, i.e., segregated urban communities and reservations—which are over-policed. When African Americans and Native Americans dare venture outside of those spaces and into communities deemed to be off-limits, we are suspicious simply by virtue of our race and declared guilty of the crime of ‘Walking While Black’—Trayvon Martin—or ‘Holding a Knife While Indian’—Jonathan T. Williams.

“While African Americans have always experienced forced exclusion from the American mainstream and been denied equality with whites, Native Americans have always experienced forced inclusion, wherein mainstream America demands that Indians give up their race and culture to become honorary white people. African Americans are profiled based on the assumption that they do not belong; Native Americans are profiled based on their refusal to go along.”

Read more @ Indian Country Today Media Network.comBegging for Scraps at the Table of Justice - ICTMN.com.

Zimmerman Charged With Second-Degree Murder

Special prosecutor Angela Corey during a press conference held at 6 p.m. April 11, announced that George Zimmerman, 28, and the neighborhood watch volunteer who fatally shot 17-year-old Trayvon Martin in Sanford, Florida in February was arrested and charged with second-degree murder.

According to the Associated Press, via CBS News, second-degree murder is used brought in cases involving a fight or confrontation that results in a death that wasn’t premeditated.

Zimmerman could receive up to life in prison if convicted and he is expected to enter a not guilty plea.

Read more @ Indian Country Today Media Network.comZimmerman Charged With Second-Degree Murder - ICTMN.com.

April 11, 2012

Reports: Zimmerman to be Charged in Trayvon Martin Shooting

George Zimmerman, the neighborhood watch volunteer, who shot and killed Trayvon Martin, 17, an unarmed teenager in Sanford, Florida in February will be charged according to CBS News.

A press conference is scheduled for 6 p.m. ET, with State Attorney Angela Corey.

Zimmerman, who has claimed self defense has been free for the past 44 days and has sparked national outcries and protests for justice according to MSNBC.com. Critics have questions whether the shooting was racially motivated and raised concern with Florida’s self defense law – Stand Your Ground Law, according to CBS News.

“It’s 44 days later, and George Zimmerman is still walking free,” Tracy Martin, Trayvon’s father, said at a news conference during a meeting of the National Action Network in Washington and reported by MSNBC.com. “It’s 44 days later, and my son is in a mausoleum.”

Read more @ Indian Country Today Media Network.comZimmerman Charged With Second-Degree Murder - ICTMN.com.

April 7, 2012

Shingle Springs Band of Miwok Indians Files Suit to Stop Impersonation

The Shingle Springs Band of Miwok Indians, a federally recognized tribe of Placerville, California, recently filed a lawsuit against more than two dozen individuals, who were connected to a previous lawsuit in regards to improper misappropriation of the tribe according to a tribal press release.

The lawsuit that was filed with the United States District Court for the Eastern District asks that these individuals, who have no connection with the tribe or permission on its behalf, be prohibited from pretending to represent or act for the “Shingle Springs Band of Miwok Indians.” According to the release, the tribe is seeking injunctive and monetary damages for violation of the tribe’s trademark and other legal rights.

The first lawsuit came in 2008, before the tribe opened its Red Hawk Casino gaming facility. An individual named Cesar Caballero filed paperwork with the County of El Dorado claiming he was doing business as the “Shingle Springs Band of Miwok Indians,” according to the release. Caballero was asked to withdraw the document but refused, resulting in the tribe bringing about a lawsuit. Caballero was ordered to cease using the Tribe’s name, but later tried to have the tribal mailing address changed to his bringing about federal charges of obstructing the Tribe’s mail to which he was convicted and waiting for sentencing scheduled for April 23. Caballero according to the release has obtained tax identification numbers from the Internal Revenue Service under the Tribe’s name, established websites that appear to be affiliations with the casino and the Band.

Caballero filed a counter lawsuit in February 2009 that was dismissed for having no basis in law.

Caballero continues to refuse to comply to the court order and claims that members of his “tribe” tell him not to. The federal court held him in contempt as a result and imprisoned him pending his compliance with the order. During the contempt proceedings Caballero had individuals who signed a letter on his behalf, claiming they were the “Shingle Springs Band of Miwok Indians.” These individuals are now the defendants in the second lawsuit filed March 1. Federal District Court Judge John Mendez deemed the second lawsuit related to the action against Caballero, which is set for trial on September 24. The second lawsuit has yet to be scheduled for trial.

“This Tribe has long struggled in poverty, and these people were nowhere to be seen when we had nothing at all,” Tribal Chairman Nicholas Fonseca said. “It was only after we managed to establish a gaming facility that they suddenly decided they wanted our land, our federal recognition, and our name.  If you want to understand what is driving these people, the fact that Cesar Caballero claimed the right to Red Hawk revenues in his countersuit against the tribe is all you need to know.”

The Shingle Springs Band of Miwok Indians has been recognized by the United States government as a sovereign entity since as early as 1906, when the government acquired land for the tribe. The land acquired was along the El Dorado County tract and next to a tribal group known as the El Dorado Band. Shingle Springs Band was known as the Sacramento-Verona Band of Homeless Indians then, until around 1980 when their present name was recognized. The press release states the El Dorado Band lost it’s federal recognition in the mid 1900s in connection with terminating the sovereign status of tribal governments. The assets were distributed to the Band members and unlike other California tribes never sought to restore its recognition status. Caballero and the other defendants are believed to descend from the terminated tribe.

Read more @ Indian Country Today Media Network.comShingle Springs Band of Miwok Indians Files Suit to Stop Impersonation - ICTMN.com.

April 6, 2012

Cheyenne River Welcomes Worldwide Participants to Anti-Pipeline Hunger Strike

Cheyenne River Indian Reservation was recently the site of a two-day hunger strike, lasting from the evening of April 1 to the evening of April 3. Several dozen people camped and fasted in solidarity with the children of Heiltsuk First Nation, who were fasting during the same period to express opposition to the construction of the Northern Gateway oil pipeline from the so-called tar sands of Alberta through their British Columbia community to Canada’s west coast.

Karen Ducheneaux, a grassroots activist from the Cheyenne River Sioux Tribe, saw a video (posted below) the Heiltsuk children posted on the Internet about a month ago: “They had planned their hunger strike and said, ‘please join us.’ I thought we really had to support them. My family agreed, and I reposted the link. Friends saw it, and the event grew from there.”

Discovering others in the fight against tar-sands pipelines crossing the United States and Canada is a psychological boost for the many isolated activists involved in this issue, according to Ducheneaux. “Lots of people are combating the pipelines, but we don’t know each other. Many of us are so poor we can’t even afford to drive to Rapid City for rallies and meetings. Finding out about each other really helps.”

“Our groups may appear small, but they’re strong,” said pipeline opponent Jackie Dunn, also from the Cheyenne River Sioux Tribe. “We have ourselves and our prayers. We’re spiritually strong, and that gives us the will to fight back.”

The tar-sands mining process is heartbreaking, according to Ducheneaux. “Have you seen the pictures?” she asked. “It devastates the boreal forest and its fresh, pure water in Alberta. The Heiltsuk children’s community in British Columbia is facing destruction of their coastal fisheries by the huge supertankers that will receive the oil there. The Heiltsuk First Nation depends on fishing for their livelihood.” In the United States, she said, Native communities and others voice similar concerns about pipelines endangering the land and the giant Ogallala aquifer: “Once the water is gone, it’s gone.”

“There’s just so much Mother Earth can take,” said Dunn.

The Heiltsuk First Nation is one of many Canadian communities—Native and non-Native—objecting to the construction of tar-sands oil pipelines. The Nation had expected to participate in public-comment meetings on April 1, which coincided with the start of the children’s hunger strike. However, the official review panel arriving to hear local concerns was greeted at the airport by singing protesters and by community members from tiny tots to elders lining the roadways with signs expressing opposition, according to a report by the Canadian Broadcasting Corporation. The officials promptly cancelled the meeting, citing security concerns.

Heiltsuk First Nation’s chief, Marilynn Slett, said her community was “offended” at the portrayal of the situation as unsafe, while Royal Canadian Mounted Police in attendance at the event said they were “baffled” by the security worries, according to CBC.

Meanwhile, on April 1 in South Dakota, hunger strike participants ranging in age from 11-year-olds to elders traveled from far and near to camp on Ducheneaux family land in Buffalo Creek, on the Cheyenne River Indian Reservation, in north-central South Dakota. Some came from Cheyenne River, while well-known anti-pipeline activists Deborah and Alex White Plume and members of Native Youth Movement arrived from the Pine Ridge Indian Reservation, in southwestern South Dakota.

Others present were Polly Higgins, a prominent Scottish lawyer crusading for laws giving Mother Earth special rights, and Rocky Kistner, a representative of the National Resources Defense Council, a major environmental nonprofit. “I also hosted two young people from Canada who had heard about the camp and hitchhiked over,” Dunn said.

The first day, the group made a presentation to Cheyenne River’s tribal council, then went to the camp, sweated and began the hunger strike, said Ducheneaux. Two days later, they broke their fast with another sweat and a meal. “Together, we are going to make a difference,” she said.

Hunger Strike Video:

Click here to view the embedded video.

Related stories:

Harper Wants Northern Gateway With or Without Keystone XL, He Tells U.S. Audience

Natives Have Environmental and Spiritual Concerns Over ‘Prioritized’ Keystone XL

With Keystone Blocked by Obama, Canada Threatens to Run Transcontinental Pipeline to British Columbia

Pine Ridge Residents Halt Canadian Mine Equipment Transportation Through Reservation

Alberta Oil Sands Up Close: Gunshot Sounds, Dead Birds, a Moonscape

Oglalas’ Keystone XL Pipeline Position Issued

Al Gore Praises Keystone XL Decision, Cautions Pipeline Opposition to ‘Remain Engaged’

The Truth About Keystone XL: Few Jobs, No Energy Security

Read more @ Indian Country Today Media Network.comU.S. Coast Guard Sinks Japanese Tsunami Ghost Ship - ICTMN.com.

March 30, 2012

Mashantucket Court Ruling Reaffirms Non-taxable Status of Reservations

In an important legal win for Indian country, a federal judge has reaffirmed that states and their subdivisions cannot tax property on Indian land regardless of who owns it.

The Mashantucket Pequot Tribal Nation won its long running lawsuit against the Town of Ledyard on March 27 when Senior U.S. District Judge Warren W. Eginton granted the Nation’s motion for summary judgment in a case it had filed against the town in 2006. The Nation sought a declaration that the Town of Ledyard did not have the authority to tax slot machines leased by the tribe from a gaming company and used at Foxwoods Resort Casino. The Nation argued that imposition of the tax by the town was preempted by the federal Indian Trader Statutes, the Indian Gaming Regulatory Act (IGRA), and based on a balancing of the interests of the federal government, the Nation, the town and the state.

The judge agreed. “Indian tribes are distinct sovereign entities that are ‘distinct, independent political communities retaining their original natural rights,’” Eginton said in his ruling, quoting Worcester v. Georgia, one of the Marshall Trilogy cases from 1823 to 1832 that set the foundation for Indian law. The trilogy paradoxically asserts the sovereignty of Indian nation while denying them land rights other than occupancy. “States do not have authority to regulate Indian tribes where a state law is preempted by federal law or infringes upon the ‘right of reservation Indians to make their own laws and be ruled by then,’” Eginton said, quoting other case law.

The Mashantucket Pequot Tribal Nation council said in a statement that it is pleased the federal district court in Connecticut agreed with the Tribe’s position that the Town of Ledyard lacks the authority under federal law to impose property taxes on leased slot machines on the Reservation. “The court’s decision definitively upholds the federal and tribal interests in tribal self-determination and self-government, and determines that these significant interests outweighed any interest the Town or State has to impose a tax on Reservation,” the council said. “This decision relates only to the Town’s attempt to impose taxes on property within the Tribe’s reservation and does not change the fact that the Tribe is the largest property taxpayer within the Town of Ledyard. Nothing in the decision will affect the Tribe’s continued payment of taxes on property located outside the Reservation.”

Neither Ledyard Mayor John Rodolico nor the town’s attorney, Don Bauer of the Washington-based firm of Perkins Coie, could not be reached for comment.

Eginton notes in his ruling that Nation has invested more than $1.42 billion into its gaming operations, which include Foxwoods Resort Casino and MGM Grand at Foxwoods. He cites the Nation’s reimbursement to the state of $56.8 million for law enforcement services since Foxwoods opened in 1992, and its contribution of 25 percent of its slot revenues in fulfillment of the tribal-state gaming compact—an amount now reaching almost $3.3 billion. Additionally, the tribe has contributed around $85 million in donations to local organizations and $10 million to the National Museum of the American Indian in Washington.

In his Eginton said that the taxing the non-Native owned slot machines was preempted by both the Indian Trader Statutes and the Indian Gaming Regulatory Act and that it was also preempted based on a balancing of the various parties’ interest. “The State and the Town’s interest in taxing the leased equipment fails to justify the economic burden on the Tribe that compromises substantial federal and Tribal interests in tribal self-determination and self-government pursuant to comprehensive federal regulation,” he wrote.

Gabriel Galanda, an enrolled member of the Round Valley Indian Tribes and partner in the Seattle-based firm Galanda Broadman, said the district court ruling is a victory for Indian county. “Through IGRA, Congress clearly preempted the Indian gaming tax field. States cannot tax Indian gaming. Period. That federal preemption now extends, at common law, to Class II or III gaming devices,” Galanda said. Galanda said it has always been presumed that under IGRA’s categorical bar to state taxation, states and local government cannot tax slot machines or video lottery terminals in tribal casinos, even if title to those devices remains with non-Indian manufacturers under lease or participation arrangements with tribes. The new ruling affirms that presumption, but also sends a clear message to states and their subdivisions, he said. “The ruling should also serve to push back against state and local tax collectors who are increasingly looking to sink their tax claws into the labors and proceeds of tribal economic development and diversification efforts, especially as they attack the likes of the tribes’ non-Indian business partners.”

The Town of Ledyard would be “foolish” to appeal the decision to the Second Circuit Court of Appeals, Galanda said, “but I would not put it past any elected state tax collector to file an appeal in hope of becoming a folk hero — in modern crusade against Indians, in the name of so-called states’ or taxpaying citizens’ rights. This is definitely a rare tax win for the good guys.”

Read more @ Indian Country Today Media Network.comLean Federal Budget Favors Business: Aboriginals - ICTMN.com.

March 25, 2012

Oglalas Win Full Early Voting—for 2012

Past and future national elections cast shadows over a Native American voting-rights lawsuit argued in Rapid City, South Dakota, on March 8. At the end of the all-day hearing, Chief U.S. District Court Judge Karen Schreier noted that the state and county officials who were defendants in the suit had already voluntarily promised to do everything the Oglala Lakota plaintiffs had requested for this year’s national election.

For the first time, the plaintiffs will be able to early-vote in their own county during a 46-day period leading up to the June primary and November general election, just like other South Dakotans. The plaintiffs originally had just 6 days, which their suit called “a denial of the right to vote” and “discriminatory.” But with their early voting access now assured for 2012, the request for a preliminary injunction ordering exactly that was moot, Judge Scheier declared.

However, the judge noted, the defendants had merely made “representations and promises” to provide equal rights in 2012. If they do not carry out these plans, she announced, “bring that to my attention, and I would grant the preliminary injunction.”

The judge also found that the plaintiffs’ other request—for a permanent injunction against future inequalities—remains a “live claim.” In her March 14 opinion, she wrote that because of as-yet-unsolved financial issues, “There is a reasonable expectation that plaintiffs will be subject to the same conduct in the next election cycle, or that the conduct will recur.”

Judge Schreier ended the hearing by saying that registering to vote and casting ballots—both during the early-voting period and on election day—were fundamental rights: “All of our citizens in South Dakota should have equal access.” She commended the counties for “taking steps” to ensure this for 2012, adding, “I wish they had been taken in earlier elections, but at least you’re taking those steps now.”

Clarice Mesteth was one of several Oglala Lakota plaintiffs who attended the hearing. She was pleased at its outcome, she said: “The defendants are not off the hook. They’re accountable for their actions not just this year, but forever.”

Nevertheless, Mesteth was disturbed at Oglalas’ continual, election-after-election struggle for equal enfranchisement, saying, “It seems like everyone wants to make us squirm before they let us vote.”

“The judge has given all parties time to find a lasting, sustainable fix for the funding problems in Shannon County,” said Greg Lembrich, legal director of Four Directions, a voting-rights nonprofit, and senior associate at Pillsbury Winthrop Shaw Pittman. “There has to be some way the state can ensure that all South Dakota’s citizens are guaranteed their constitutional right to vote.”

Shannon and Fall River counties’ attorney, Sara Frankenstein, said she is doing just that—working with her clients to find long-term funding for Shannon County elections. “The next thing I need is information from South Dakota’s secretary of state about the state’s Help America Vote Act funds—how much there are, how they’re transferred, how we satisfy the federal accounting rules governing them.” She added that Shannon County officials are also trying to discover whether it might be eligible for PILT funds (Payment in Lieu of Taxes, which the Department of the Interior disburses to local entities to make up for financial losses due to non-taxable federally-owned land, such as national parks, within their borders).

Genesis of a lawsuit

The Oglala Lakota lawsuit arose after Shannon County decided in January 2012 that leading up to this year’s primary and general elections, it could afford to give its residents only six days of in-county early voting for each—as opposed to requiring them to drive as many as 200 miles round trip to another county. (Shannon County is roughly contiguous with the Oglala Sioux Tribe’s Pine Ridge Indian Reservation and responsible for national elections there; it is not a tribal entity, but rather a subdivision of the state of South Dakota.) According to Shannon County commissioner Lyla Hutchison, the county was “simply out of money.”

South Dakota’s head election official, Secretary of State Jason Gant, refused to advance cash-poor Shannon County Help America Vote Act funds, saying reimbursement after the elections, backed up by receipts, was state policy. The reimbursement requirement is not federal policy, according to Bryan Whitener of the U.S. Election Assistance Commission, which administers the federal law, but rather something states may decide to do. A stalemate ensued: Shannon County couldn’t front the money for full elections, so its voters had to make do with less ballot-box access.

Early voting has not been consistently available in Native American areas since South Dakota first began offering this convenient way to cast ballots in 2004. Typically, Shannon County residents have had a fraction of the days offered other South Dakotans, or none at all. When early voting has been provided within Native communities, as many as 46 percent of voters have used it, driving up election participation, according to O.J. Semans, Sicangu Lakota director of Four Directions. Just 15 days of early voting in 2004 doubled the election turnout over 2000, when it was not available, Semans said.

When it became clear in early 2012 that Shannon County/Pine Ridge would yet again have less early voting than other parts of the state, 25 tribal members called on attorney Steven D. Sandven, of Sioux Falls, to sue Gant, along with officials of both Shannon County and adjacent Fall River County, which handles elections on a freelance basis for Shannon County’s barebones government.

The lawsuit cited the protections of the U.S. and South Dakota constitutions, the Voting Rights Act and other measures. As a voting-rights case, the issue was stark, Sandven said: “Six days versus 46.”

The suit joined the 20-plus that Native Americans and their advocates have brought in South Dakota since the 1980s, winning cases that charged gerrymandering, demands for forms of ID that are not required, failure to provide sufficient polling places, purging of qualified voters from the rolls and intimidation, according to American Civil Liberties Union reports. On the morning of the 2004 general election, for example, a judge stopped poll watchers from following American Indian voters out of voting precincts and taking down their license-plate numbers.

For decades, South Dakota has flamboyantly asserted its position on enfranchisement. Native people didn’t vote there until the 1940s, even though the Indian Citizenship Act gave them that right in 1924. During the 1970s, a state attorney general called the Voting Rights Act an “absurdity” and advised the secretary of state at the time to ignore it. Prior to the 2002 election, the state sent agents to Indian reservations to question newly registered voters and root out alleged voter fraud; no one was ever charged.

This history of discrimination makes two South Dakota counties—Shannon and nearby Todd, which is contiguous with the Rosebud Indian Reservation—subject to special Department of Justice oversight, including “preclearance” of any voting laws it passes. In 2005, a federal court found that the state had managed to avoid preclearance of more than 700 laws.

Money, money, money!

In an 11th-hour reversal just ahead of the March 8, 2012 hearing, state and county officials announced they’d found money to pay for early voting in Shannon County.

Both Shannon and Fall River counties, as well as the state of South Dakota, have long stressed that early-voting inequities were all about money, not an attempt to constrain Native American voters, who are typically heavily Democratic in a Republican-controlled state. However, during the March 8 hearing, startling testimony from Semans revealed that during a Shannon County commissioners’ meeting prior to the 2010 election, his organization offered to donate $11,000 to pay for the upcoming early-voting period in Shannon County.

Consideration of the offer was interrupted by a dramatic announcement by Fall River officials, as they returned to the meeting from a break and tendered 30-day notices of resignation from their Shannon County freelance gigs (though not their Fall River jobs). In the succeeding brouhaha, no one ever contacted Four Directions for the $11,000, Semans testified.

The looming exit of the Fall River officials jeopardized Shannon County’s 2010 election, including registration and early voting, and other essential government services—possibilities the Rapid City Journal covered repeatedly and colorfully in succeeding weeks. Headlines included “Shannon County officials resigning in 30 days,” “Shannon County residents have a lot to lose,” “Limbo continues for Shannon County” and “Shannon County running amok.”

On the stand before Judge Schreier in 2012, Fall River State’s Attorney Jim Sword testified that the 2010 resignations—including his and the election official’s notices—had nothing to do with early voting but were in fact the fault of the “malicious” Department of Justice, which had been scrutinizing Fall River’s conduct of Shannon County elections.

Months before, Sword had written to the Justice Department threatening to resign if another voting-rights suit were filed, he testified. “[Giving notice] had nothing to do with early voting. Had everything to do with their malicious actions,” Sword responded to a question from Frankenstein. “It’s always been a response to threats to sue us.”

What about 2012?, Frankenstein asked. “There’s nothing to indicate that this won’t be anything but a great election,” Sword replied.

Secretary of State Gant offered some surprises—for example, testifying that for several months he’d sat on information about Shannon County’s struggle to put together a 2012 election. The next was when he confirmed under questioning from the judge that the state has millions in its HAVA-fund coffers. Meanwhile, an election in Shannon County appears to cost somewhere between $10,000 and $15,000.

Yet another was when Gant testified that South Dakota law allows the state to step in and run elections when necessary. Back in 2010, Fall River officials created such turmoil when they headed for the door because then-Secretary of State Chris Nelson refused to involve the state, telling the Rapid City Journal, “the state will not step in and run the election” and “no one but a county auditor can manage an election.” At press time, neither Secretary Gant nor his lawyer had responded to requests for comments.

Looking forward

Tribal members in Shannon County deserve a permanent solution to the early-voting problem, said Laughlin McDonald, director of the American Civil Liberties Union’s Voting Rights Project and author of an amicus brief supporting the Oglala plaintiffs: “They should be treated like voters in other counties in South Dakota. The long and continuing history of disparate treatment of American Indian voters in South Dakota should come to an end.”

McDonald described the hoped-for result of all this—increased American Indian political participation in the state—as “helping break down the barriers that continue to separate Indians and non-Indians” and conferring “undeniable benefits.”

Lembrich has provided practical examples of the benefits of Native enfranchisement in South Dakota, despite its limitations so far: “Water projects have been expanded to bring running water to many rural Indian communities, and attempts to cut funding for tribal colleges were defeated.” He also noted that the simple fact of bringing the suit means “everyone now knows the threat of a federal lawsuit is real and not just a bluff.”

What made Semans especially happy, he said, was the judge noting Native Americans’ long-term fight for equal voting rights in South Dakota. “That effort gave us a foothold that led to this success today,” Semans said. “We got kicked to the curb a few times along the way, and it took eight years, and it was worth it.”

Read more @ Indian Country Today Media Network.comShould the Wolves of Isle Royale be Saved From Extinction? - ICTMN.com.

March 23, 2012

Long Plain First Nation Celebrates $21 Million Loss-of-Use Settlement

Long Plain First Nation has settled its 141-year-old loss-of-use claim with the Canadian government for $21.3 million, tying off the loose ends of its 1994 land-claim settlement.

After the Treaty 1 First Nation resolved its land entitlement claim in 1994, it then pursued a separate claim to be compensated financially for its loss of use over the land during the time the treaty, signed with the Crown in 1871, went unfulfilled.

“Today we honour our sacred covenant, our treaty with the Crown,” said Long Plain First Nation Chief David Meeches in a March 19 statement from the Ministry of Aboriginal Affairs and Northern Development (AAND) announcing the fiscal settlement. “It is important we honor our ancestors by conducting today’s signing ceremony as they did in 1871, by way of a pipe ceremony, sealing it with the Creator. This settlement will assist in preparing for our future.”

The money will go toward investment and business opportunities with the idea of creating jobs and other long-term economic benefits for Long Plain’s approximately 4,000 members, who live on two reserves, including one in Portage la Prairie, about 50 miles northwest of Winnipeg. A third, another urban reserve, is being created in Winnipeg, according to Long Plain’s website.

The agreement “will go a long way in creating new investment and employment opportunities for the First Nation and the surrounding communities,” said AAND Minister John Duncan in the statement.

The money will be deposited into a trust account to pay collective expenses including annual income tax on the fund, and a per-capita account, from which each member under age 55 will receive $500 and those 55-plus will get $750 each, Long Plain told its membership.

More information on the Long Plain First Nations settlement is here.

Read more @ Indian Country Today Media Network.comGathering Our Voices Draws Sellout Crowd - ICTMN.com.
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