The Ojibwe News (Bemidji, Minnesota), 1995-02-24

              Red Lake group seeks recall of Red Lake
Tribal Council
By Bill Lawrence
The PRESS was recently given a
copy of a petition seeking to recall the
entire eleven members of the Red
Lake Tribal Council. The petition
seeks the recall ofthe Red Lake council on the grounds of denial of civil
rights, mismanagement of tribal resources and lack of accountability. The
group circulating the petition calls
themselves the "Coalition for Better
Government on the Red Lake Reservation."
The PRESS was informed by a reliable source that spokespersons for the
group are Tom Westbrook and Albert
Stately, both residents ofthe Red Lake
Resenation. Both individuals were
unsuccessful candidates in the May
25,1994, Red Lake General Election.
Both had joined in a lawsuit filed last
summer in Red Lake Tribal Court
seeking a nevv election for the offices
of tribal secretarv7 and both Redby district representative seats.
Red Lake Special Tribal Court Judge
Eugene L. DeLorme took jurisdiction
of the suit based on the Doctrine of
Qualified Immunity, which only affords tribal officials protection when
their actions or inactions were within
the scope of their official authority.
In reaching his decision, Judge
DeLorme said "the tribe as a sovereign did not authorize its employees
or elected officials to violate the law.
Thus, sovereign immunity is not an
absolute bar to suit. Officials or employees may be sued for acting beyond
the scope of their authority." However, a specially appointed Red Lake
Appeals Court later dismissed the suit
on the basis of sovereign immunity of
the tribal council.
The Red Lake Tribal Council's decision to use or as many tribal mem
bers say "hide from the people behind
the myth of sovereign immunity" in
a civil rights suit seeking only declaratory relief (making the council
comply with the tribal constitution)
caused a lot of resentment on the Red
Lake Resenation. Apparently this resentment has lead to this petition.
According to a copy of the official
voters list issued for the May 25,
1994, Red Lake General Election,
nearly 5600 Red Lake enrollees are
eligible voters. Based on the 25% requirement of Article X ofthe Revised
Red Lake Constitution and ByLavvs
25% of the Red Lake tribal eligible
voters are needed for the recall.
Therefore, approximately 1400 signatures of Red Lake eligible voters will
be needed.
The PRESS was unable to contact
either Westbrook of Stately by press
time. The complete text of the petition is on page four of this edition.
Casinos pull advertising from KSTP after
racist remarks
By Gary Blair
KSTP finds it doesn't pay to offend
Minnesota Indians: that's what Minneapolis Star TribunecolumnistDoug
Grovv's headlines read on February
21.
The article referred to three Indian
casinos that pulled their advertising
after racial remarks aboutlndians aired
on KSTP's talk radio station located
in Maplewood, MN. The move by the
Mille Lacs Ojibwe, Shakopee
Mdewakanton and Prairie Island Dakota communities could cost the broadcaster hundreds of thousands in revenue.
The Januan 25th radio program
ran into trouble when offensive remarks vv^re made by part-time talk
show host Mark Zelenovich and the
show's producer Matt (The Rookie)
Michalski. Additionally, slurs about
Indians were made bv individual call
ers who seemingly were encouraged
by the pair.
According to Grovv's column, the
topic of discussion for that show was
treaty and fishing rights. Zelenovich
is reported to have made sarcastic
references to how white Europeans
had proved they were "right" because
the "guns of white Europeans were
more powerful than the arrows of
Indians."
As the dialog progressed, producer
Michalski furthered the developing
controversy7. "The treaty rights issues
should be settled by buying off the
Indians with more gunpowder and
liquor," he said.
Apparently realizing they had the
proverbial foot in their mouths, they
started looking for a way to remove it.
"I told him [Michalski]," Zelenovich
explained in Grovv's article, "that I
think you've just crossed that politically incorrect line... He was quiet for
a while after that."
The article's quotes continue: "But,
Zelenovich said, a listener called and
said, 'My ancestors used to shoot Indians.' Zelenovich said he thought
the line was not meant to be cruel, but
rather to show we can't behave as our
ancestors did."
"I sort of chuckled," Zelenovich said,
"and I said, 'Let's be kinder and gentler.' "
At that point the station ran a commercial for Treasure Island Casino
operated by the Prairie Island Dakota.
Virginia Morris, general manager
of KSTP-AM 1500, says the radio
station accepts full responsibility for
the remarks and says she has tried to
talk with the tribal leaders involved.
"I understand the Prairie Island
people's anger," she told the PRESS.
"But, we don't plan to fire anyone,
like they want us to do. It vvasjust a big
mistake. I hope people will realize
KSTP cont'd on pg 6
35 Sioux lose fight on tribal enrollment
Appeal probable in decision that could cost them millions
By Chris Ison
StaffWriter
Minneapolis Star Tribune
A group of 35 Sioux Indians, including ousted casino executive
Leonard Prescott, lost a tribal enrollment battle in a decision that could
cost many in the group millions of
dollars each.
U.S. District Judge Richard Kyle
has ruled against the group, which
had charged that the Shakopee
Mdewakanton Sioux Community government has distributed casino profits
to people who are not legitimate tribal
members while keeping eligible Sioux
Indians off the membership rolls.
The ruling could mean that many of
the 35 plaintiffs will not be allowed to
receive casino profits that recently
have exceeded $400,000 a year for
even enrolled member. A similar suit
is still pending in tribal court, however. And James Cohen, an attorney
for Prescott and the other plaintiffs in
the case, said it's likely they'll appeal
to the Eighth U.S. Circuit Court of
Appeals, which has ruled favorably in
a similar case.
The high stakes from casino profits
have fueled an intense political battle
on the resenation near Shakopee,
where the tribe owns Mystic Lake
Casino, the nation's second-largest
Indian casino.
A political faction led by Tribal
Chairman Stanley Crooks, Prescott's
cousin, has been winning the fight
since last spring, when Prescott was
removed as chairman of the corporation that runs the casino, a job that
paid nearly $500,000 a year. Prescott
loyalists say that Crooks has placed
relatives and confidants on the board
that oversees casino operations and
that he has strengthened his political
base by bringing new members into
the tribe. Meanwhile, people with allegiances to Prescott have not been
Enroll cont'd on pg 6
Indian legal issues conference coming to
Minneapolis
By Gary Blair
There is going to be a two day
annual conference on Indian legal
issues in Minneapolis on March 2nd
and 3rd. The event will be held at the
Minneapolis Hilton and Towers -1001
Marquette Avenue. The conference
activities are scheduled to start at 8:30
A.M. both days. The registration fee
is $295.00 for both days and $195.00
for one day only. The meeting is open
to the "national scope - of lawyers,
tribal leadership and other business
professionals."
The PRESS learned ofthe conference from Lowell Bellanger, of White
Earth, who said a source in Las Vegas
faxed him the notice.
With federal indictments due to be
issued at White Earth and Leech Lake
resenations before the time of the
Maple Syrup, it appears the conference sponsor, the Minnesota Institute
of Legal Education, is planning to
enlighten the nation's legal force for
the feeding frenzy that is sure to occur.
And with the proposed tightening
ofthe U.S. Indian Gaming Act. scheduled for this year, it appears the legal
conference will be timely.
The following is a list of topics that
will be offered at the conference:
1.) Tribal sovereignty and the development ofthe tribal sovereign immunity doctrine.
2.) The reality ofthe United State's
role as trustee for Indians.
3.) Answer and authority of Tribal
Courts.
4.) Practicing law before Tribal
Courts.
5.) Gaming regulation - State, federal and Tribal Governments.
6.) Outside companies - using them
to develop, construct and manage tribal
gaming operations.
7.) Litigating against tribal casinos.
In a related matter, Bellanger says
he plans to be in Minneapolis on
March 3rd for the sentencing of
Minnesota Senator Skip Finn, a
Leech Lake enrollee, who recently
pled guilty to masterminding an insurance scam that bilked hundreds
of thousands of dollars or more from
his resenation.
Nuclear dump supporters deliver petitions
MESCALERO, N.M. (AP) _ A
Mescalero Apache man says he has
700 signatures to prove many tribal
members have changed their minds
about a proposeclnuclear waste dump
on Indian land in south-central New
Mexico.
Fred Kaydahzinne, an employee of
the tribe's housing office, delivered
the petitions to tribal officials Friday,
asking leaders to disregard a tribal
vote that rejected the project last
month.
The signatures must be verified by
the secretary of the tribal council
before councilors can act. Tribal
offices were closed late Friday and
leaders weren't available for
comment.
The Mescaleros voted 490-362 on
Jan. 31 against the dump.
Approval would have allowed tribal
leaders to form a partnership with 33
utilities around the nation to create a
repository for at least 20,000 metric
tons of highly radioactive spent reactor
fuel rods.
Mescalero leaders said after the
measure was rejected they would
honor voters' wishes.
Kaydahzinne said last week that
given time to reconsider, tribal
members were swayed by arguments
suggesting increases in the annual
dividend that goes to all Mescalero
people from profits on tribal
enterprises.
"A good many of them have changed
their minds after learning more about
the economic impact," he said. "The
tribal constitution gives us the liberty
to change our minds."
Rufina Marie Laws, a tribal member
credited with helping to defeat the
referendum, said she would continue
to oppose the waste site.
Kaydahzinne "is going to have a
real battle on his hands," she said.
Kaydahzinne said many ofthe 700
residents who signed the petitions
initially voted against the proposal.
He accused outsiders of
misrepresenting potential dangers of
the site.
Kaydahzinne submitted petitions
Nuclear cont'd on pg 3
Group to recall RLTC/ pg 1
Casinos cancel KSTP Adv./ pg 1
Standoff ends at Belcourt/ pg 2
Sub-Sect. 8-1A Boys B-Ball pairing/ pg 8
Pine Point Perspective/ pg 5
Voice of the Anishinabeg (The People)
1
The
Fifty Cents
Ojibwe
News
We Support: Equal  Opportunity For All People
Founded  in 1988        Volume E   Issue 3 5        February 24, 1 935
1
A weekly publication.
Copyright. The Ojibwe News,  1995
The Fort Mojave tribally owned Avi Hotel and Casino near Laughlin, Nevada, on the morning of the hotel's
opening. It features a 302-room hotel, 25,000-square-foot casino and also boasts numerous facilities.
Fort Mojave casino opening
LAUGHLIN, Nev. (AP) _ Three
decades ago, the Fort Mojave Indian
Tribe set its sights on constructing a
gambling casino on their land near
Laughlin, Nevada.
On Friday, the tribe realized its
dream when its Avi Hotel, Nevada's
first Indian-owned and operated hotel-casino, opened on resenation land
eight miles south of Laughlin.
"It means everything to us," said the
tribe's Vice Chairman Lew
Barrackman, one ofthe original tribal
council members who envisioned the
hotel-casino concept more than 32
years ago.
"We had hurdles, many hurdles.
Climbed many high mountains. Even time we got over one hurdle, there
was another. But we never gave up,"
said Barrackman, who has spent his
76 years on the 33,000-acre resena
tion, which takes in parts of Nevada,
Arizona, and California.
The 302-room hotel and 25,000
square-foot casino, regulated by Nevada gaming authorities, also includes
restaurants, a banquet room, conference rooms, a gift shop, a video arcade, a fitness center, a pool and a spa.
The Avi holds its greatest promise
for the tribe's younger members,
Barrackman said. "I think the future
looks pretty bright, brighter than in
my time," he said.
The hotel and casino, which
Barrackman named Avi, meaning
"money" or "something of value," will
provide the means to bring educational and vocational training, more
jobs, day care and better health services to the tribe, he said.
About 135 tribal members have
found work at the hotel, which employs 600 people, said Gary Goforth,
the tribe's administrator.
Tracy Arriola, 16, is one of those
tribal members who started nevv jobs
Friday.
"A lot of tribal members are happy
that they built the casino, that they did
something on their own. Now we have
something we can call our own," said
Arriola, whose entire family is employed at the Avi.
Arriola and co-worker Andrea
Harless, also 16, said they believe the
Avi will foster greater understanding
between the Indian and non-Indian
communities.
"This is the first time I've ever got to
meet anybody who's Indian. We can
talk about things," said Harless, who
has become friends with Arriola since
meeting Wednesday, two days before
starting their jobs as bus people.
Casino cont'd on pg 3
Red Lake still undefeated after Nevis
By Julie S. Strong
Red lake shut down Nevis midway
through the second period and coasted
to a 90-74 victory, on Tuesday night.
Red Lake is now 19-0 in American
play, Nevis 15-5. [Red lake was
narrowly defeated by an Australian
National team.]
Nevis held Red Lake 19-5 well into
the first quarter, until Red Lake
answered with a 9-4 run, lessening
the deficit by five, and ending the
quarter 23-14 Nevis.
With three and a half minutes to go
in the half, Nevis led Red Lake 32-26.
Red Lake tied the score with a 6-0
run, and Nevis snatched it back with
two free throws, 34-32.   Red Lake
then took complete control of the
game with an 11-2 run, ending the
half 43-36.
Red Lake had balanced scoring led
by Randy Holthusen with 30 points
and 9 rebounds, followed by Jeremy
Martin with 20 and 11, Robert Barrett
19 and 7, Keveon Kingbird 19 and 1,
and Shane Garrigan with 2 and 0.
Nevis was led by Ray Olson with 37
points and 2 rebounds, followed by
Chad Lenander with 18 and 2, Nate
Ott 13 and 11, Glen Dierkhising 4
and 3, and Matt Barnan with 2 and 1.
Red Lake 14 29 22 25-—90
Nevis 23 13 15 23-—74
Three Pointers: (Red Lake) Holthusen
2, Martin 2,    (Nevis) Olson 4,
Lenander 2.
Free Throws: Red Lake 12-12 100%,
Nevis 20-25 80%.
(Complete statistics not available)
Red Lake Seventh in
this weeks Class A poll
Red Lake maintained its seventh
place ranking in this week's
Minnesota Associated Press Sports
Editors Class A boy's basketball poll
as the 18-0 Warriors earned 55 points.
Morris led the poll with 97 points
while Crosby-Ironton was a close
second with 96 points and Maple
River third with 93. Other northern
Minnesota teams represented in the
poll were Staples (fifth) and Chisholm
(Sixth).
Indian tribes adore the commitment of Clinton's liaison
By Jeff Barker
WASHINGTON (AP) _ They give
her dolls, rings, shawls, baskets and
necklaces. They pray she won't leave
them.
To American Indians, Loretta Avent
is a godsend. She takes them places
they have never been.
Avent, 52, is a deputy assistant to
President Clinton. In her two years at
the White House, the Phoenix woman
has forged an extraordinary
relationship with Indian Country.
Tribal leaders say the effenescent
former lobbyist has become, quite
simply, the most important federal
contact they have ever had.
They say she is helping renew their
faith in government, which has been
so long a source of frustration and
broken promises.
"I'm almost 73 years old, and I will
tell you that never in my lifetime have
we in Indian Country experienced a
person so dedicated to tribal rights,"
said Sue Shaffer, chainvoman ofthe
Cow Creek Band of Umpqua Indians
in Roseburg, Ore.
"She's been a guide, mentor,
catalyst, grandmother," said Paul
Ojibway, an Ojibwa tribal member
who is the Los Angeles archbishop's
Indian
liaison. "Being people who hold
people and symbols dear, she gives us
the feeling that we are included and
don't have to come hat in hand to get
noticed."
A black American born in rural
Virginia, Avent acknowledges that
her relationship with tribes "is beyond
what's the norm for me."
Liaison cont'd on pg 6