LTBB News on Open Meetings and Bell’s Fishery

From Indianz:

The Little Traverse Bay Bands of Odawa Indians of Michigan is reportedly considering a new open meetings policy.

The tribal council at one point barred non-members from council meetings. The policy changed and The Petoskey News-Review has been able to cover most of the meetings but the paper was recently barred from an election board meeting.

According to the the tribal code, the tribal council, by motion, can bar non-members from its meetings. However, the tribal constitution says the tribal cannot make any laws abridging the freedom of the press.

A draft statute of a new open meetings policy was discussed at a tribal council meeting on Sunday but the paper wasn’t present for that portion of the meeting.

Get the Story:

Tribe comes to aid of Bell’s; discusses open meetings statute (The Petoskey News-Review 3/9)

Update on New and Newer Redskins Trademark Cases

From The BLT:

The latest effort to strip trademark protection from the name of the Washington Redskins is now before the U.S. Patent and Trademark Office. Native Americans, represented by Philip Mause, of counsel at Drinker Biddle & Reath, filed protests Feb. 24 against six pending trademark applications for the Redskins name, some dating as far back as 1992. The trademark applications were filed by Pro Football, inc., the owner of the Redskins, and other entities including the Washington Redskins Cheerleaders in hopes of protecting the trademark for use on clothing and other souvenirs and paraphernalia.

According to Mause, the applications had been “held in abeyance” while the long-running litigation against the Redskins filed by Suzan Harjo and others was underway. As we reported here in November, the Supreme Court denied review of a lower court decision that had rejected the Harjo challenge to existing Redskins trademarks.

The new protest through the trademark office’s administrative process makes many of the same arguments that the Redskins name is disparaging and therefore not eligible for trademark protection. “The use of ‘redskins’ and other so-called Indian names and images in sports are offensive and demeaning to Native American peoples,” the protest letter states. In an interview, Mause said the letters were filed at an early stage in the examination process that was reopened after the Harjo litigation ended. As a result, Mause said the issues of laches — whether the challengers waited too long — should not come into play. Continue reading

NYTs Article on Seneca Nation’s Efforts to Oppose Federal Anti-Indian Smoke Sales Bill

Here.

An excerpt:

There is a relatively short list of people who like mail-order cigarettes: teenagers, adults evading sales taxes and the Seneca Nation of Indians of western New York, which dominates the national market.

Even the big tobacco companies oppose the practice, in part to stamp out the Senecas’ competition. And with the industry’s strange-bedfellow backing, a bill to block the shipment of cigarettes passed the House of Representatives last spring by a vote of 397 to 11. A Senate committee approved it unanimously last fall.

But then the Senecas, who control a gambling and cigarette empire that brings in more than $1 billion a year, began a campaign of back-room lobbying and public political threats. That now appears to have shut down the legislation and kept the tribe in the cigarette business, a case study in the power of a well-financed special interest to thwart what had seemed to be a national consensus.

“Isn’t that the way things go in the American system?” asked Richard Nephew, co-chairman of the Seneca Nation’s foreign relations committee. “It is something new for us to actively get involved in the American political process,” he said. “But we are trying to learn what works in America, and I guess making political contributions is something that works.”

As recently as December, a ban on mail-order cigarettes called the PACT Act — for Prevent All Cigarette Trafficking — looked all but certain to become law. After the Senate Judiciary Committee approved the House measure, Senator Harry Reid of Nevada, the majority leader, prepared the bill for passage on the floor. No senator has publicly opposed the legislation.

But at the last minute, two or three Democratic senators told party leaders privately that they might block the bill, according to senior Senate Democratic aides. They spoke on the condition of anonymity because they were not authorized to speak publicly.

News Coverage of Kennecott Mine Permit Change

From Interlochen Public Radio:

Kennecott Minerals wants to change the way it releases treated wastewater at its Eagle Rock Mine near Marquette. Instead of covering filtration pipes with soil, Kennecott wants to use thick Styrofoam insulation around the pipes.

The Michigan Department of Natural Resources and Environment calls it a minor modification, but it may mean the company won’t need a federal permit. If pipes are covered with soil the EPA considers that an underground injection system.

A spokeswoman for the National Wildlife Federation says a federal review would give more attention to tribal issues. Indian tribes maintain that blasting an opening for the mine will degrade a traditional sacred place at Eagle Rock. The state dismissed that argument in granting Kennecott a permit. The Wildlife Federation plans to appeal that decision in Circuit Court.

Little Traverse Election Board Denies Entrance to Nonmembers in Recall Petition Certification

From the Petoskey News-Review via Pechanga:

The Little Traverse Bay Bands of Odawa Indians Election Board denied the Petoskey News-Review and other non-tribal members access to its meeting Tuesday at which it chose to certify petitions for a recall election of the tribal chairman and vice-chairman.

Prior to Tuesday’s meeting, election board chairwoman Denise Petoskey said a News-Review reporter would not be allowed to attend the meeting because the meeting would be closed to non-tribal members.

She said the board’s standard procedure is to exclude non-tribal members from its meetings.

Petoskey provided the News-Review with an opinion authored by tribal attorney James Bransky on Feb. 25 in which Bransky writes, “Election Board meetings, with the possible exception of ballot counting, are not open to non-LTBB citizens.”

In his opinion, Bransky points first to the tribal constitution’s open meetings provision that reads, “The Tribal Council shall adopt an Open Meetings Statute to ensure that all meetings of the Tribal Council … are open to Tribal members and Tribal members shall have a reasonable opportunity to be heard, under such rules as the Council may prescribe in the Statute.” The wording cited does not discuss the openness of such meetings to non-tribal members except for language regarding tribal council meetings that reads, “The Tribal Council may by motion exclude non-LTBB members from all or part of a regular or special meeting.” Continue reading

Little Traverse Recall Election to Proceed

From Indianz:
Recall petitions against the top two leaders of the the Little Traverse Bay Bands of Odawa Indians of Michigan have been approved.

Chairman Ken Harrington and vice chairman Dexter McNamara will face a recall election within the next 90 days. But Harrington is apparently going to file a challenge in tribal court.

Harrington and McNamara are newcomers to the tribal council and have been in office for just six months. But in that short time, critics say Harrington has overstepped his authority numerous times.

Get the Story:

Tribal recall petitions approved (The Petoskey News-Review 3/3)

Crow Creek Sioux Tribe Settles IRS Dispute

News article here (prior legal materials here) (h/t Pechanga and Indianz):

The Crow Creek Sioux Tribe has settled its tax debt with the Internal Revenue Service and lined up a loan that will enable it to buy back the 11 square miles of land the IRS sold at auction in December, the tribal chairman said.

A stipulation filed in court last week indicates the tribe will dismiss its lawsuit, which sought to prevent the IRS from selling the Hyde County land. That will cancel a May 4 trial.

The IRS took the unusual step of seizing and selling the land because the tribe refused to pay $3.12 million in employment taxes, penalties and interest it racked up since 2001.

At $2.58 million, the winning bid did not fully satisfy the debt. But tribal chairman Brandon Sazue, who met with government officials in Washington last week, said the IRS is forgiving what’s left.

“We don’t owe the IRS anything at this point in time, as long as we drop the lawsuit,” Sazue said. Continue reading

Welcome Back, JP!

John Petoskey joined the Fredericks Peebles & Morgan firm today. Here is his profile if you need a lawyer.

News Coverage of Laura Spurr’s Memorial Service

From the Battle Creek Enquirer (follow the link for pictures):

Funeral is a celebration of Laura Spurr’s life
Trace ChristensonThe Enquirer • February 28, 2010

Amid eagle feathers and flowers, mourners celebrated the life Saturday of Laura Spurr.

Speaker after speaker described Spurr, the chairperson of the Tribal Council of the Nottawaseppi Huron Band of Potawatomi, as determined and blunt but fair and always trying to help members of the tribe.

“She demanded respect for her people but was unassuming in going about that,” said Frank Ettawageshik, former Chairman of the Little Traverse Bay Bands of Odawa Indians. “Laura went out and changed the world and she came home and changed the world.”

Spurr, 64, died Feb. 19 after suffering a heart attack while attending a conference in California.

She had been active in tribal leadership since 1999 and served as council chair from 2000 to 2001 and from 2003 until her death. She was a driving force in the 10-year-long process of approval and construction by the tribe of FireKeepers Casino in Emmett Township.

Continue reading

Supreme Court Rulings Forcing Shutdown of EPA Enforcement

NYTs article here.

An excerpt:

As a result, some businesses are declaring that the law no longer applies to them. And pollution rates are rising.

Companies that have spilled oil, carcinogens and dangerous bacteria into lakes, rivers and other waters are not being prosecuted, according toEnvironmental Protection Agencyregulators working on those cases, who estimate that more than 1,500 major pollution investigations have been discontinued or shelved in the last four years.