treaty rights – Page 74

Following in the footsteps of the federal government, the state, the Tribal Council and the city of Mt. Pleasant, commissioners agreed to the the settlement in a 6-1 vote, with Commissioner John Haupt dissenting.

Citing the Tribe’s planned water park on east Pickard Road, Haupt said he is concerned that the county will have to foot the bill for the infrastructure for the project,

which he said will also contain restaurants that could put existing eateries out of business.

Essentially identical to the settlement approved by the Mt. Pleasant City Commission on Monday, the agreement provides for cross-deputization of city and state police officers, and Isabella County Sheriff’s officers.

Tribal Police officers have historically been deputized but state, county and city officers have not been cross-deputized to enforce Tribal and federal law.

The agreement calls for thos officers to begin enforcing those laws and gives the Tribe jurisdiction over Tribal members and other Native Americans within the boundaries of the Isabella Reservation, which includes Deerfield, Denver, Isabella, Nottawa and Wise townships, and the northern halves of Chippewa and Union townships.

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Washington SCT Materials on Off-Reservation Hot Pursuit Case

October 15, 2010Matthew L.M. Fletcher1 Comment

As Indianz reported, the Washington Supreme Court has decided State v. Eriksen — opinion here and dissent here.

Here are links to the briefs:

80653-5 – State v. Eriksen
Hearing Date – 05/12/2009

Ninth Circuit Dismisses Appeal of U.S. v. Washington Subproceeding (Lower Elwah v. Lummi)

October 15, 2010Matthew L.M. Fletcher1 Comment

Here is the unpublished opinion. The underlying dispute apparently is the usual and accustomed fishing area of the Lummi Indian Tribe.

Here are the materials:

Lummi Motion to Dismiss Appeal

Klallam Tribes Opposition

Lummi Reply

Klallam Tribes Opening Brief

Tulalip Answering Brief

Lummi Answering Brief

Klallam Tribes Reply Brief

Suquamish Reply Brief in Support of Its Cert Petition

October 2, 2010Matthew L.M. Fletcher

Here: Suquamish Reply in Support of Cert Petition

Rob Porter & Stephen Pevar Quoted in NY Post

September 28, 2010September 28, 2010Kate Fort

The NY Post has an unfortunate and not representative headline for the body of the article. Which I suppose is hardly a surprise, given the publication:

Indian reservations a land of the freebie
By JENNIFER FERMINO
Last Updated: 10:11 AM, September 27, 2010

Bargain-priced butts, cheap gas and gambling casinos get all the attention, but life on an Indian reservation includes other lifestyle elements that are as foreign as the Wild West to most New Yorkers.

Step onto an Indian reservation and you’re leaving the United States and entering a sovereign nation that includes free health care, a tribal justice system with its own courts, jails and police — and even separate license plates and passports.

The state’s knockdown, drag-out fight with Indians over untaxed cigarettes has thrust the debate over their sovereignty — based on decades-old treaties between the federal government and the tribes — back into the headlines.

The reservations operate as nations within a nation, with tribes dealing directly with the feds on a government-to-government relationship.

Indians who live and work on one of the country’s 300-plus federally recognized reservations are exempt from paying state income taxes, but usually they are required to pay all federal taxes.

However, if a citizen of one of the 564 federally recognized tribes works off of the reservation, they are required to pay state taxes, no matter where they live.

Those who live on any reservation don’t have to pay state property taxes, but they might have to fork over some kind of tribal fees.

And state sales taxes are not levied on Indians who make purchases on a reservation — hence the low price of cigarettes and gas that attract non-Indians to the reservations.

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