Mark Trahant on Detroit’s Indian Health Clinic…

And our own Jerilyn Church, ILPC’s former program director!

Here:

DETROIT – It’s hard to communicate the failure of public policy in this great American city (especially in a few hundred words). A drive around town highlights the consequences from decades of neglect: Abandoned and burned out homes, office buildings as ruins (and dangerous playgrounds), near-permanent unemployment, and thousands of empty lots capped with mounds. These mounds are burial sites of sorts because when a building was destroyed the rubble was left in a pile until time and grass shaped each into a small hill.

Yet the geography of despair includes many seeds of hope.

One east side neighborhood is transformed by inspiring folk art that brings humor and zest to several city blocks through The Heidelberg Project. Or there is the Community Health Awareness Group’s efforts to exchange needles so that drug users on the streets won’t as easily share disease. The program resulted in a drop of HIV infections from drug users from 33 percent to 17 percent. (And that, too, is the paradox because while an exchange is effective, it’s also difficult to fund). Then there’s the Earthworks Urban Farm. Detroit is a city without large chain grocery stores – only discount stores and “party stores,” or neighborhood enterprises that sell more liquor than protein. Access to fresh fruit and vegetables is a regular barrier for a family trying to eat healthier. But at Earthworks more people – at least in this one neighborhood – are growing their own access to healthy foods.

The trip was a Kaiser Family Foundation site visit for media fellows. We looked at Detroit and its health system in depth. Before the trip, I expected the unfamiliar, an urban landscape that was different and bleak. But I quickly found there is a connection with the policy failures found here with those from Indian Country. At the end of that rope: Deep, structural poverty and a health system where disparity is dismissed casually, as if it’s a fact that must be. To me that reflects a serious shortage of money from the state and federal governments – and just as important – a policy deficit where ideas, innovation and execution don’t get the support that’s needed.

Consider the tale of two clinics.

American Indian Health and Family Services helps the 57,000 Native Americans living in the greater Detroit area. Services are delivered at an old church and rectory donated by the Detroit Archdiocese in 1993. Jerilyn Church is the executive director of AIHFS. She’s Minnecoujou Lakota, born and raised on the Cheyenne River Sioux reservation in South Dakota. When she moved to Detroit she says she “wasn’t prepared” for the same type of unemployment as back home on the reservation.

“Yet despite our surroundings, we get a lot done with little resources,” Church says. “We could write a book about it.”

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News Coverage of Wolfchild Cert Petition Denial

From the Minneapolis Star-Tribune via Pechanga:

WASHINGTON – A bitter legal battle ended in defeat for some of the nation’s poorest Indians on Monday when the U.S. Supreme Court declined to hear their case for sharing the gambling wealth from the Mystic Lake and Treasure Island casinos near the Twin Cities.

The group, led by former Lower Sioux Community Chairman Sheldon Wolfchild, had petitioned the Supreme Court to review a federal appeals ruling that went against them last year.

Although some claims remain, the Supreme Court’s decision leaves intact a ruling that struck at the heart of Wolfchild’s case alleging that the federal government breached a 19th-century trust with the legitimate heirs of the Indian lands at Prior Lake and Prairie Island, where the casinos are located.

“It’s a grave injustice for the real Mdewakanton of Minnesota,” Wolfchild said.

Members of the tight-knit Shakopee Mdewakanton Sioux (Dakota) Community, which runs Mystic Lake as part of a lucrative casino complex near Shakopee, have decried the lawsuit as a groundless money grab.

“This should be the end of a misguided effort to attack the three federally recognized Mdewakanton tribal governments in Minnesota,” said Shakopee Tribal Chairman Stanley Crooks, a distant relative of Wolfchild.

The case, which dates to 2003, is based on historical claims made by descendants of Mdewakanton Indians credited with helping white settlers during the 1862 Dakota rebellion in Minnesota.

Numbering more than 20,000 in the United States and Canada, the descendants laid claim to the proceeds of the lands that form part of the present-day Mystic Lake and Treasure Island casinos.

Some of those descendants, such as Wolfchild, hail from the Lower Sioux Community near Morton, Minn., site of the less profitable Jackpot Junction Casino.

Although many of Wolfchild’s backers across the nation had their eyes on the riches of the casinos near the Twin Cities, their suit sought damages from the U.S. government, not the Shakopee and Prairie Island tribal governments, which were set up in 1980.

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Title VII and ADEA Claims against Cherokee Business Dismissed

Here are the materials in Somerlott v. Cherokee Nation Distributors (W.D. Okla.):

CND Motion to Dismiss

Somerlott Response

CND Reply

CND Notice of Supplemental Authority

DCT Order Dismissing Title VII and ADEA Claims

One Federal Criminal Count Dismissed Against Indian Smokeshop Supplier…

As a result of the Second Circuit’s recent Golden Feather decision.

Here are the materials in United States v. Morrison (previous post here):

Motion for Reconsideration

DCT Order Dismissing Count Two

An excerpt:

Based on the Second Circuit’s March 4, 2010 decision in City of New York v. Golden Feather Smoke Shop, Inc., 597 F.3d 115 (2d Cir. 2010), I have reconsidered, and changed my earlier determinations that defendant’s motions to dismiss Count Two on substantive due process grounds lacked merit. As a result, the conviction under Count Two is vacated, and the Count is dismissed.

Oral Argument Tuesday in Supreme Court Criminal Restitution Case Involving Mescalero Apache Indian

Here are the briefs from the ABA website:

Merit briefs

Amicus briefs

Supreme Court Grants Cert in United States v. Tohono O’odham Nation

This morning, the Supreme Court agreed to decide United States v. Tohono O’odham Nation (No. 09-846). The Court denied cert. in the Wolfchild/Zephier petitions. Here is the order list.

Here are the questions presented in Tohono O’odham (and the petition):

Under 28 U.S.C. 1500, the Court of Federal Claims (CFC) does not have jurisdiction over “any claim for or in respect to which the plaintiff *** has *** any suit or process against the United States” or its agents “pending in any other court.” The question presented is:

Whether 28 U.S.C. 1500 deprives the CFC of jurisdiction over a claim seeking monetary relief for the government’s alleged violation of fiduciary obligations if the plaintiff has another suit pending in federal district court based on substantially the same operative facts, especially when the plaintiff seeks monetary relief or other overlapping relief in the two suits.

MSU Indigenous Law and Policy Center Alumni Reunion Event — April 21 @ 3PM

New Scholarship on Sexual Predators in Indian Country

Suzianne D. Painter-Thorne has posted her paper, “Tangled Up in Knots: How Continued Federal Jurisdiction over Sexual Predators on Indian Reservations Hobbles Effective Law Enforcement to the Detriment of Indian Women,” on BEPress.

Here is the abstract:

An Indian woman is two-and-a-half times more likely than any other American woman to be sexually assaulted in her lifetime. Nevertheless, because of a confusing tangle of jurisdictional rules, she is four times less likely to see her assailant arrested. She is even less likely to see him stand trial. Because jurisdiction over most sexual assaults is vested in the federal government, Indian tribes are not allowed to arrest or prosecute most of the suspects who commit sexual assaults on tribal lands. Consequently, tribal lands have become safe havens for sexual predators, who can commit their offenses with impunity and with little fear of prosecution.

This article proposes that federal jurisdiction prevents effective law enforcement on Indian reservations and leaves Indian women at a greater risk of sexual assault. While recently proposed congressional legislation seeks to improve reservation law enforcement, that effort largely fails to provide meaningful reform because it perpetuate the current law enforcement scheme that leaves Indian women vulnerable to sexual assault. Remote federal officials are not in the best position—geographically, politically, or culturally—to police reservation lands. Instead, Congress needs to reassess tribal jurisdiction, permitting tribes to arrest and prosecute suspects who commit sexual assaults on tribal lands. For too long, tribes have been left powerless to defend their own people against predators who enter reservation lands and commit unspeakable violence against tribal citizens. At the heart of sovereignty is the responsibility of government to protect its citizens. It is time to permit tribes to rise to this responsibility.

What’s Going on with the Lumbees?

From the Fayetteville Observer via Pechanga:

Bad bet: Tribe gambles its assets on recognition bid.

It appears that Lumbee leaders have decided it’s acceptable to bet a big piece of the tribe’s net worth on one game of chance.

It’s not surprising, though, that many of the people they represent are outraged. They should be.

On March 12, the Lumbee Tribal Council, meeting at a conference in Raleigh, abruptly dumped longtime Lumbee lawyer Arlinda Locklear, who had worked – for free – for more than two decades to achieve full federal recognition for the tribe. Recognition would bring hundreds of millions of federal dollars to the tribe, to improve housing, education and health care, and to create new and better jobs.

The recognition effort has made good progress in the current Congress, winning approval in the House and clearing the Senate’s Indian Affairs Committee. The measure has President Obama’s support and both this state’s senators believe it has a good chance of Senate approval.

That may be out the window now, because the Tribal Council hired a Nevada gaming consultant to take Arlinda Locklear’s place. That means (although the council won’t say as much) that the tribe’s pledge to forsake casino operations, as a condition of recognition, is also out the window. The tribe wouldn’t hire a specialist in casino development if it wasn’t planning to get into the gambling business. That sudden change of course may be enough to kill any chance of Senate approval this year – or any other year.

And then it gets worse.

The Tribal Council’s contract with Lewin International includes penalties of $35 million if the council can’t get the tribe to agree to gambling once federal recognition is in place. If the penalty is assessed, most of the tribe’s assets – including housing and public buildings – could be at risk.

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California Court of Appeals Holds that California Valley Miwok Has Standing to Sue Cal. Gaming Commission

Here is the opinion in California Valley Miwok Tribe v. California Gambling Control Commission (Cal. App. 4th Dist.).

An excerpt:

The California Valley Miwok Tribe (the Miwok Tribe) appeals from a judgment of dismissal following an order sustaining the demurrer filed by the California Gambling Control Commission (the Commission) on the basis that the Miwok Tribe lacked capacity or standing to pursue its action against the Commission. As we will explain, we conclude that the trial court improperly concluded that the Miwok Tribe lacked capacity or standing, and further that none of the other grounds for demurrer asserted by the Commission have merit. Accordingly, we reverse the judgment.