The Ojibwe News (Bemidji, Minnesota), 1994-12-09

              Grand Jury to heartestimony of detoxabuse
By Gary Blair
A Federal Grand Jury has finally
been called in Minneapolis to hear
testimony that involved client abuse
that closed the old Hennepin County
detoxification center over two years
ago. The old detoxification facility
was located at 1800 Chicago Avenue
South, in Minneapolis, and was
dubbed the "chamber of horrors" at
the time that it closed.
PRESS sources say FBI agents
have been interviewing former
detoxification center staff, gathering
documentation and serving
subpoenas on potential witnesses.
Sources also say Hennepin County
officials are likely to be hit with
federal civil rights violations,
similar to those leveled following
the police beating of motorist
Rodney King. Those directly
involved in the alleged client abuse
could likewise face similar
indictments, including criminal
charges.
In September of 1992, the PRESS
carried the first of 33 articles that
involved the alleged client abuse.
Reports that clients were raped,
beaten and mutilated over a ten year
period were contained in the
coverage.
One former detoxification center
client told a group gathered to hear
testimony, "I drank my own urine
when they (detoxification center
staff) wouldn't give me a drink of
water," he said. He reported that he
was locked up in a room of the old
county detoxification center at the
time ofthe incident.
Former detoxification center
staff say even the facility's
program manager was involved in
the client abuse. They also say
state and county officials likewise
knew about the client abuse and
did nothing to stop it.
Federal authorities have asked
those who received the subpoenas
not to discuss the matter with
anyone, because it could interfere
with the government's ongoing
investigation. •
Grand Jury to hear testimony of detox abuse/ pg 1
College students demand ethnic studies/ pg 8
NDSU offers program to Native Americans/ pg 6
Federal court sides with state on gaming/ pg 1
Res. issues... blood quantum, law & voting/ pg 4
Voice of the Anishinabeg (The People)
1
A visit to New York's American Indian
Community House
By Mel Rasmussen
Twenty-five years later the American Indian Community House of New
York City has endured and survived.
The New York City area has approximately 36,000 Native Americans from
13 4 different tribes represented. Their
only center of focus out of some 20
million people is this meeting place.
Native Americans have been moving to major population centers since
the 1950s. Most who moved here over
the years are survivors of relocation
programs or the descendants from
such families. Many came to seek
work and to improve the quality of
their lives.
Their struggles have been many,
ranging from surviving in the man-
made concrete canyons and jungles,
to maintaining a sense of their cultural traditions and finding their respective communities. Part ofthe answers to keeping their families strong
has been through the development of
Native American Centers in large metropolitan areas. Over the last 30 years,
Native American center came to life
in such cities as Chicago, Detroit,
Minneapolis, Denver, Oakland, Cleveland and New York City. CurrenUy,
the New York center is celebrating its
25th Silver Anniversary.
Wayne Martin is the News and Communications Director for the center.
His responsibility is to be the voice
and the eyes for the center. Martin is
proud of the accomplishments of the
center and talked about the social
senices and community programs
available through the center. Many of
the programs are similar to other existing programs across Indian Country.
He voiced happiness in the student
stay-in-school programs that have
been developed at the center. Over a
year ago they couldn't find enough
students for their services. Now, there
is a year and a half waiting list for the
program. CurrenUy, 25 students are
enrolled in a variety of secondary education programs such as college and
trade schools.
Martin was asked about their follow-up services such as ratios of job
placement and social service delivery
services. He indicated there is some
follow-up but not to the extent that
they would like.
The services at the center are limited because of the lack of funding.
Their outreach to clients has limitations based on their needs assessment
and the ability to provide outreach.
Martin was asked if he had ever
visited with the AIOIC office in Minneapolis and observed their operations. He had heard of their success
and the placement ratios and wishes
they could attract the funding to provide this type of service delivery. When
asked if there was a major push for
corporate grants in this area, he stated
House cont'd on pg 3
The
Fifty Cents
Ojibwi
yVetfi
We Support Equal Opportunity For All People
Founded  in 19BB Volume G    Issue 24 December 3, 1 334
1
A weekly publication.
Copyright, The Ojibwe News, 1334
Indians entitled to sue in state court
HELENA (AP) _ A District Judge
in Wolf Point was wrong to throw out
an Indian couple's lawsuit on grounds
that the Fort Peck Tribal Court had
jurisdiction, the Montana Supreme
Court ruled Tuesday.
District Judge James Sorte took
seven years to reach that decision
after Maurice andMarchelle Lambert
sued three Canadians in 1987 over an
auto accident on the Fort Peck
reservation.
The Lambert's case does not fit the
guidelines the high court set in a 1973
case to determine when tribal courts
have jurisdiction, Justice William E.
Hunt Sr. wrote for a unanimous court.
"We have repeatedly affirmed the
right of Indian plaintiffs to sue non-
Indians in state court as a right
guaranteed to all Montana citizens
under Article II, Section 16, of the
Montana Constitution," Hunt wrote.
"Enrolled members of Indian tribes
within Montana are citizens of
Montana, and therefore are entitled
to bring actions in state court against
non-Indian defendants.
"Failure to recognize this right
would deprive an Indian plaintiff of
due process under Article II, Section
17, ofthe Montana Constitution, and
equal protection of the law under
Article I, Section 4, of the Montana
Constitution."
Viewing of white calf halted until spring by
animal's owners
Photo of front entrance of the Grand Casino Mille Lacs Hotel, in Onamia, which recently held their grand
opening. The Hotel was designed by Cuningham Hamilton Quiter, P.A. Co-owners are Mille Lacs Band of
Ojibwe and Gand Casinos, Inc., of Plymouth, MN. Photo by Dana wheelock
A night at the Grand Casino Mille Lacs Hotel
JANESVILLE, Wis. (AP) _
People who want to see a white
buffalo calf born near Janesville last
summer will have to wait until next
spring, the animal's owners say.
Valerie and David Heider said
Monday that they stopped allowing
people to view the 4-month-old calf
after the weekend.
"We had to get ready for
Christmas, and snow will be on the
ground soon," Mrs. Heider said.
"We did not want people getting
stuck up here."
The calf, which is getting darker
as it grows older, was heralded as a
sacred messenger by some Indian
leaders.
"They believe she will turn black,
red and white again to reflect the
color of their people," Mrs. Heider
said.
The calf is to spend the winter
outside with other calves in the herd.
"She's out there head-butting with
the bigger calves," Mrs. Heider said.
"She's really holding her own."
Tribe gets greater control over reservation
By John Rainbird
Following up on an invite for a
night's stay at the newly opened
175-room Grand Casino Mille
Lacs Hotel, this reporter would
like to share his experience.
Upon arriving at Grand Casino
located just off the West shoreline
of Mille Lacs Lake, between
Garrison and Onamia on Hwy 169.
It became clear why they call it
the Grand Casino Hotel *(see
Photo). Once inside the hotel,
you find many pictures ofthe past,
which depicts a much older Native
lifestyle than what it is today. It is
interesting to note the changes
and style of living compaired to
the past. It wouldn't hurt to follow
up by taking a second look at these
old pictures, if we have another
opportunity to extend our next
visit.
The fine dining and excellent
cuisine was a delightful treat,
which added to the good time we
had there during our stay at the
hotel. Room Service is available
and they have a fine list of food to
choose from any time you wish.
There is another service offered,
that we often times overlook, and
that is the hotel's security force,
as they (the security teams) patrol
both inside and outside the hotel.
The Hotel also offers another
service to its customers, that of
limo and bus service. Mostly these
Hotel cont'd on pg 3
resources
WHITERIVER, Ariz. (AP) _ The
White Mountain Apache Tribe and
U.S. Fish and Wildlife Service
signed an agreement Tuesday that
the tribe said gives it greater control
over logging and other businesses
that might affect endangered
species.
"The tribe and the Service share
an interest in promoting healthy
ecosystems," said tribal Chairman
Red Lake man faces murder charges
Ronnie Lupe.
The tribe and Fish and Wildlife
officials have clashed in recent years
over resource management and
implementation of the Endangered
Species Act, including protection
ofthe Mexican spotted owl on tribal
lands.
Lupe said the agreement
recognizes the tribe's aboriginal
rights, sovereign authority and
ability to manage its own land.
He did not provide specifics.
The agreement was reached with
Mollie Beattie, director of the U.S.
Fish and Wildlife Service.
She said in a news release her
office will annually assess the tribe's
ecosystem management plan
designed to protect the habitat of
the Mexican spotted owl and other
unnamed endangered species.
MINNEAPOLIS, MN_ Forty-three
year old Simon Frank Weise from the
Red Lake Indian Reservation was
charged today by a federal grand jury
with second degree murder.
According to an affidavit filed in
the case, at about 11:14 pm on
November 12, the dispatcher at the
Red Lake Police Department received
a report that someone had been
stabbed. Ambulance and police units
were dispatched. When police officers
arrived at the Red Lake residence
they discovered the body ofthe victim
on the kitchen floor with two stab
wounds in his chest. A butcher knife
approximately 13 inches long with an
8 inch blade was located between the
back door and the basement door.
Weise was arrested at the scene and
continues to be held without bond.
If convicted, Weise faces a
maximum potential penalty of life in
prison. Any sentence would be
determined by a judge based on the
federal sentencing guidelines.
The case is the result of an
investigation by the Federal Bureau
of Investigation and the Red Lake
Police Department. Assistant United
States Attorneys Kenneth W. Saffold
andMargaretChutichare prosecuting
the use.
Federal court sides with state on gaming compact
By Bunty Anquoe -
(Today Washington Bureau)
The Indian gaming industry
suffered a judicial setback last week.
A federal appeals court overturned a
lower court ruling, and held that the
state of California is only required to
negotiate with tribes for the specific
games authorized under state law.
Judge Diarmuid O'Scannlain,
writing for the U.S. Court of Appeals
for the 9th Circuit, ruled that the
federal Indian gaming law only
requires that "a state need only allow
Indian tribes to operate games that
others can operate, but need not give
tribes what others cannot have."
The decision in Rumsey Rancheria
v Wilson adds fuel to the already
fired-up gaming fray by holding that
tribes are limited to the specific games
operated by the states.
Other federal district and appellate
courts have split in decisions on
whether tribal gaming should strictly
conform to state law and whether
states are immune from tribal lawsuits
seeking to compel them to negotiate
for casino-type gaming.
Last year a federal district court
ruled in faivor of tribes by holding that
the state of California must negotiate
for lucrative video gaming machines,
because the state regulates - rather
than criminally prohibits -otherforms
of high-stakes gambling activities.
The tribes were seeking an
agreement with the state to operate
electronic versions of pull-tab, poker,
keno and bingo games - all of which
are legal in the state in non-electronic
formats.
The state continued its refusal to
negotiate with the tribes and appealed
the ruling. The appeals court agreed
with California that the Indian
Gaming Regulatory Act does not
require a state to negotiate over one
form of gaming simply because it has
legalized a similar form of gaming.
What kinds of high-stakes or casino-
type gaming a tribe may operate is
*
determined by tribal-state
negotiations, under the 1988 law. If
negotiations fail - and many have
over the years - the process is subject
to federal mediation and finally,
intervention by the Interior
Department.
Since the embattled law was
enacted, tribes and states have clashed
in escalating legal and political
squabbles over sovereignty and
jurisdiction.
Earlier this year, the U.S. Court of
Appeals for the 8th Circuit similarly
held that although states are
continually bound to the compacting
and negotiation provisions of the
federal Indian gaming law, only
specific games operated by states are
allowable on the negotiation table.
Tribes contend that state laws have
no force on sovereign Indian land and
cite the Supreme Court's 1987
Cabazon decision, which held that
state gaming laws have no force in
Indian country if the type of games in
question do not violate a state's public
policy. Theyalsocontendthatgaming
provides much-needed revenue for
health, education, social and
government services for their
members.
The 1988 gaming law was enacted
to provide a regulatory framework
for tribal gaming enterprises and as
"a means of promoting tribal
economic development, self-
sufficiency and strong tribal
governments."
In the California case, the state
convinced the appellate court that
the gaming act itself does not require
negotiation for games beyond these
specifically allowed by the state.
The law provides that high-stakes
gaming is legal on Indian lands if
such activities are "located in a state
that permits such gaming for any
purpose by any person, organization
or entity.
"Consequently, where a state does
not 'permit' gaming activities sought
by a tribe, the tribe has no right to
engage in these activities and the
state has no duty to negotiate with
respect to them," Judge O'Scannlain
wrote.
The tribes argues that they are
allowed to operate video forms ofthe
same games California 'permits'
because they are functionally similar.
They are, therefore, regulated by the
state and not illegal under state law,
the tribes maintained.
"We reject this reading of the
(gaming act)," Judge O'Scannlain
wrote. "Clearly, California does not
allow (these games)... IGRA does not
require a state to negotiate over one
form of gaming activity simply
because it has legalized another, albeit
similar, form of gaming."
Despite the ruling, it is not expected
that U.S. attorneys will move to shut
down the tribal operations that use
video machines - at least not in the
immediate future.
Tribes are expected to appeal Judge
O'Scannlain's decision to the U.S.
Supreme Court.
Attorney General Janet Reno
recently urged U. S. attorneys to move
cautiously in enforcement actions,
saying "illegal" tribal gaming should
be peacefully and carefully terminated
under negotiations with the affected
tribes.
Harold Monteau, chairman of the
National Indian Gaming Commission, said he has no enforcement authority over high-stakes tribal gaming because the federal agency directly oversees only non-casino gaming, but he speculates that the game
isn't over yet in this case.
"I'm sure that the tribes will ask for
reconsideration and that if it does
finally go back to the district court on
remand, it will be some considerable
amount of time before we will see a
final ruling," he said. "At this point,
we are following the cue ofthe Justice
Department as to the continued
presence of the machines pending a
final resolution of the legal issues
involved."
[Reprinted with permission from
Indian Country Today 11/30/94.J
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