The Ojibwe News (Bemidji, Minnesota), 1995-04-21

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Sovereign immunity defense put to the test
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Sgain    Suit against Little Six/Leonard Prescott heard on appeal
By Gary Blair
On Tuesday of this week the Minnesota Court of Appeals heard oral arguments as to whether Little Six, Inc., a
foreign corporation doing business as
Mystic Lake Casino, has sovereign
immunity protection from an employment lawsuit filed by a former white
female security guard.
Also named as defendants in the
suit are, Leonard Prescott, former chief
executive officer of Mystic Lake Casino; Allene Ross, vice president of
Little Six, Inc., and Mystic Lake
Casino's vice president William
Johnson.
It appears this could be a landmark
case in defining the limits of tribal
sovereign immunity and may even
lead the U.S. Congress to enact new
legislation.
Craig Greenberg, attorney for the
plaintiff Jill Gavle, age 25, says, "We
plan to take this case all the way to the
U.S. Supreme Court if we have to. I
think, they (Little Six, Inc.) believe
that they will run us out of money and
we'll give up, but that's not going to
happen."
Greenberg told the three judge appeals panel that Little Six, Inc., has a
certificate of authority to transact business in Minnesota and has agreed to
comply with the state's employment
laws. The following is contained in
Greenberg's brief to the appeals's
court: "It is clear in the instant case
that Respondent would like to have
the best of both worlds, i.e. all ofthe
rights and privileges of a foreign corporation registered to conduct business in the State of Minnesota which
includes the rights to use the state
courts as a Plaintiff in pursuit of its
legal rights, and not be liable or subject to the limitations, duties and restrictions imposed on corporations."
Attorney Steven Olson, ofthe Blue
Dog law firm, presented the argument
for Little Six, Inc. His brief to the
court contained the following: "Appellant Jill Gavle appeals from the
Order of the District Court for the
State of Minnesota First Judicial District, the Honorable Thomas R. Howe
presiding, filed December 16, 1994,
granting Respondent Little Six, Inc. 's
motion to dismiss the complaint for
lack of subject matter jurisdiction.
The trial court determined that Little
Six, Inc., an entity wholly owned and
operated by the Shakopee
Mdewakanton Sioux (Dakota) Community (the 'Community') a federally
recognized Indian tribe, is protected
Suit cont'd on pg 8
Voice of the Anishinabek (The People)
\
Fond du Lacker spends two months in
Mexico: lives with Chiapis
Fifty Cents
By Mel Rasmussen
A longtime friend, Esther
Nagaunub, ofthe Fond du Lac Reservation, hasjust returned from Chiapis,
Mexico. Her story is one of fright and
horror. At issue is the survival of the
Indigenous Natives of Chiapis vs. the
Mexican Government.
Esther returned from the jungles
after spending two months living with
the natives of the region. Her comments about their survival raise questions about the truth in the media that
has been coming out to the rest ofthe
world.
An example of this denial of reality
was portrayed by her \iews of the
announced withdrawal of troops by
the Mexican Government. According
to the news printed in the southern
provinces, the federal troops were being withdrawn to honor the amnesty
with the Zapatista rebels.
However, she was surprised to see
tanks, troops and the "Black Suits,"
special forces units, rolling en mass
into the interior of Chiapis. Also included were the dog teams that have
been used in the past to sniff out the
Zapatista rebels. Alsatians, Rottweilers, Dobermans appeared to be the
instruments of choice for this chore.
All of this was occurring as she was
leaving the jungle villages.
Nagaunub talked about being ordered from the interior because of
alleged lack of cooperation with the
federales. She told how a soldier
pointed his automatic weapon at her
and demanded she give up eagle
feather she had brought to Mexico.
This tough survivor of Feathergate,
Fish Wars and the trials and tribulations of other Native American causes
stated her position and refused to be
intimidated. After the soldier first tried
to buy it, then coerce it, she stood
alone looking into the "dark dead eyes
of an un-spirited soul" and said no. At
this point she was ordered from the
interior and was to report back to San
Cristobal. Ten days later she came out
of the bush.
Nagaunub talked of the methods
currently being used to suppress the
natives in the hills who were supporting the rebels. She witnessed government troops going into villages and
destroying crops and supplies and the
utensils necessary to grow them. Pesticides were being added to stored
crops to make them unusable for human consumption. After this practice
became public knowledge the government switched to using fecal material.
Upon coming back to Minnesota,
Nagaunub talked about the abuse of
power and devastation that was being
ChiapJS cont'd on pg 3
Ojibwe
News
We Support Equal Opportunity For All People
Founded   in 1988
Volume G    Issue 43
April El,  1995
m
A weekly publication.
Copyright, The Ojibwe News,  1995
Emily Peake dies at 74; founded Upper
Midwest American Indian Center
Emily L. Peake, 74, a founding member and driving force behind the oldest American Indian organization in
Minneapolis, died of cancer Tuesday
at her home in Minneapolis.
Peake was executive director ofthe
Upper Midwest American Indian Center three times, for a total of 17 years,
said Gertrude Buckanaga, who now
heads it.
"She was always interested in the
history ofthe people, preserving history," Buckanaga said. "She wanted
to see the positive contributions of
American Indians in the schools. She
wanted our American Indian elders to
be a part of that process."
The center was established in the
1930s as a social organization and
was incorporated in 1961. It offers
social and human senice programs,
licenses Indian foster homes, runs a
mental health program, an alternative
school and elders programs and provides space for traditional gatherings
such as powwows and marriage ceremonies. Although Peake's last year
as executive director was 1986, she
was still an elder at the center and was
active there until her death, Buckanaga
said.
Peake, a member ofthe Ojibwe Tribe,
grew up in Minneapolis. She graduated from the old Central High School
and from the University of Minnesota. She served in the Coast Guard
during World War II. After the war
she traveled and worked for the Allied
Secretariat in Vienna. She studied at
the Sorbonne in Paris in the early
1950s. In Minneapolis in 1954 she
opened an office in the Lumber Exchange Building, offering French,
German and Russian translation services to tourists. She later worked for
General Mills, editing a newspaper
for employees' children, said her niece,
Jacqueline Heine, of Minneapolis.
From 1966 to 1968 Peake taught Indian history and culture in the Minneapolis public schools. From about 1973
to 1981 she was host of a TV program
called "Madagima," or "the Messenger," that appeared Saturday mornings on Channel 11.
She was a housing commissioner
for the city of Minneapolis and repre-
Peake cont'd on pg 3
Northland Conference Coach ofthe Year, Jack DesJarlait, presents the Red Lake MVP trophy to Randy
"Peach" Holthusen. Holthusen also received the Northland Conference MVP Award. Holthusen will be
playing on the Minnesota Select Gold Team of touring high school juniors in June. He was one of 10
selected in the state and will play in Louisville, Las Vegas and California. Holthesen will also be the second
starting pitcher for the Red Lake varsity baseball team this year. Photo by Kevin Cook
Club says itwill fight more tribal fishing and
hunting rights
National Indian gaming group to meet in
Green Bay
ST. PAUL (AP) _ A Minnesota
group says the state economy could be
damaged if American Indians are
given more fishing and hunting rights.
The Hunting and Angling Club of
Minnesota announced at a weekend
rally at the state Capitol that it will
fight Indian claims to more hunting
and fishing rights in the state.
Howard Hanson, president of the
club, said tourism and related
industries will be damaged because
expanding Indian rights will deplete
natural resources.
Hanson told about 200 people at the
rally Saturday that the group hopes to
raise $500,000 by selling limited-
edition prints of paintings by former
Viking coach Bud Grant and two
state artists.
A federal judge ruled in August
that the Mille Lacs Band of Chippewa
still has special fishing and hunting
rights in all or parts of 12 counties in
east-central Minnesota. The band
ceded the area to the federal
government under an 1837 treaty in
exchange for the right to continue
hunting, fishing and gathering food
in the territory.
Another trial, scheduled to begin in
March of 1996, will decide how fish,
game and other resources in the
territory will be allocated to band and
nonband members. Until that time,
band members can exercise their treaty
rights, the judge ruled.
Two members of the Mille Lacs
Band of Chippewa who oppose tribal
government policies attended the
rally.
Vince Hill and his wife, Irene Wade
Benjamin, urged people to boycott
casinos run by the tribe.
GREEN BAY, Wis. (AP) _ The
National Indian Gaming Association
will be plotting new strategy rather
than celebrating a decade of success
during its meeting here this week,
according to former Oneida tribal
chairman Rick Hill.
The association finds itself starting
over as it lobbies Congress this year
for Indian gaming reform, says Hill,
chairman of the group,
"All the players are new," he said in
urging the association's more than
130 members to become more
aggressive in lobbying the now
Republican-controlled Congress.
"We need to regroup, take another
deep breath, and move forward," said
Hill, who was expected to be re-elected
NIGA chairman Wednesday
afternoon.
Already this year, said Tim Wapato,
NIGA executive director, seven bills
have been filed to amend the Indian
Gaming Regulatory Act of 1988,
including one that would require
gaming compacts to be approved by
local governments that are in the
proximity of proposed casinos.
Other bills include one, dubbed by
tribal leaders "the Donald Trump
Protection Act of 1995," that would
permit tribes to operate casinos only
in states that already have legal non-
Indian gaming.
"We are in a crisis situation. It
seems like we're always in crisis,"
Wapato said. "This year it's probably
as dangerous or more dangerous than
it was" when lawmakers began filing
amendments to the Indian gaming
act two years ago, he added.
The gaming association is
commemorating its 10th anniversary
as it meets through Friday at the
Radisson hotel in Oneida _ home to
the country's largest tribal-managed
casino.
In those 10 years, Indian gaming
has grown from bingo halls to a $6
billion industry. Just in the past two
years, as amendments to the Indian
gaming law came up in Congress,
membership in the Indian gaming
group doubled, to 137 tribes.
Tribes eyes home far from Prairie Island plant
ARDEN HILLS, Minn. (AP) _
Leaders of the Prairie Island
Mdewakanton Sioux say they are
considering relocating many tribal
members because of their concerns
about living next door to a nuclear
power plant.
They have made preliminary
inquiries about acquiring surplus
federal land at the Twin Cities
Ammunition Plant in Arden Hills as
new reservation land for homes and
businesses. But they say they do not
plan to open another casino in Arden
Hills, a St. Paul suburb.
A decisive factor for many, said
Byron White, a tribal secretary, is
concern about the possible health risks
ofliving nextto Northern States Power
Co.'s Prairie'Island nuclear plant.
The Legislature decided last year to
allow above-ground storage there of
up to 17 steel casks of radioactive fuel
rods. About 200 of the tribe's 480
members live on the reservation.
"The greater majority ofthe people
would like to pick up and move,"
White said. "Some have lived here all
their lives and they wouldn't."
The tribe owns the Treasure Island
casino on its 500-acre reservation near
Red Wing. If the tribe did have plans
for a casino in Arden Hills, it would
have to overcome numerous technical
Prairie cont'd on pg 3
American Indian leaders invited back to White House
Senators clash on bill to end gambling pacts
By Robert Whereatt
StaffWriter
Minneapolis Star Tribune
In a prolonged, occasionally acrimonious debate on the floor ofthe Senate
Wednesday, some senators likened a
bill that would end the gambling agreements between the state and 11 Indian
tribes to the breaking of Indian treaties by the U.S. government.
Sponsored by Sen. Charlie Berg,
DFL-Chokio, it would end the gambling agreements and order the attorney general to sue to test the state's
authority to take such action.
"Here we go one more time," said
Sen. Steve Murphy, a DFLer whose
Red Wing district includes the Treasure Island casino owned by the Prairie Island Mdewakanton Dakota band.
"They have a casino. Something's
working out for them. Let's take it,"
he said, implying an intention of
Berg's bill.
Berg contends that the agreements,
officially called compacts, are bad
deals for the state. They were signed
by former Gov. Rudy Perpich and
Gov. Ante Carlson before the extent
of casino gambling and its social consequences were known. By ending
them, Berg said, the state and tribal
leaders could negotiate new deals.
Though the Senate did not act on the
bill Wednesday, it debated it for nearly
two hours. The debate included a recitation of American history and the
relationship of Europeans and Indians by Sen. Allan Spear, DFL-Minne-
apolis, a University of Minnesota history professor.
Indians signed treaties "in perpetuity," Spear said." 'In perpetuity' usually lasted about 20 years and then the
treaty was blithely ignored. This bill
follows that pattern."
Clash cont'd on pg 6
WASHINGTON (AP) _ American
Indian leaders are being invited back
to the White House as a follow-up to
last year's historic meeting with
President Clinton.
The meeting April 28 will be "very
substantive" and less ceremonial than
last year's session, Bob Walker, a
spokesman for the Interior
Department, said Thursday.
The agenda has not been set. Tribal
leaders are meeti ng regionally to plan
for the meeting, said Paul Moorehead,
government affairs director for the
National Congress of American
Indians.
The White House said last year's
meeting was the first time all the
nation's federally recognized tribes
had been invited to meet with the
president.
The administration has taken
several steps to improve relations with
tribes, including the appointment of
officials in several agencies, including
the Justice Department, to deal with
Indian issues.
However, several issues of
importance to tribes, including the
protection of sites sacred to Indian
religions, remain unresolved.
About 250 tribes were represented
at least year's meeting.
Mdewakanton Dakota ease membership requirement
By Kevin Duchschere
StaffWriter
Minneapolis Star Tribune
Direct descendants of past or current Shakopee Mdewakanton Dakota
can qualify to be tribal members regardless of how little Mdewakanton
blood they have, according to a consti
tutional amendment adopted Wednesday by the tribe.
It was approved by 35 of 62 voters,
or 56 percent. All but five of 67 eligible Mdewakanton voted in the plebiscite, which introduced the first major
changes in the tribal constitution since
it was adopted in 1970.
Until now, all new members were
required to have at least one-fourth
Mdewakanton blood, which is standard formula for most Chippewa and
Sioux bands in Minnesota.
But proponents of the change said
the tribe no longer has enough members to intermarry and maintain the
blood requirements. Its numbers inevitably would dwindle under the old
Require cont'd on pg 1