The Ojibwe News (Bemidji, Minnesota), 1997-05-30

              Native tenants to sue slumlord for bias
By Gary Blair
Native American tenants of a
Minneapolis landlord say they have
had enough, and they plan to take
legal action this week to stop their
mistreatment by filing race
discrimination complaints.
"These new people who are
coming to this county already have
decent housing and new cars—us
Indians don't have those things. I feel
like screaming —'come on Indians,
wake-up,'" said Doreen Foote, a
Lakota mother who works nights.
Foote has lived in Minneapolis for the
past 20 years, and has resided at 606
E. 15th St. near the downtown area
of the city since February of this year.
"The landlord only had the heat
turned on for about 15 minutes in the
morning last winter. I had to use the
oven to heat the place the rest of the
time, and that isn't safe to do. I had
to cover the windows with plastic this
winter," Foote said at a meeting of the
Indian tenants she had organized.
Foote says their apartment
buildings are owned by former
Minneapolis police officer Bob
Anderson.    "He's taking me to
"Eviction Court; he says I owe him
$301.00 that is actually owned by
another tenant," Foote continued.
Pete Bearstops, Jr. and Delphine
WhiteMagpie, formerly of South
Dakota, live in one of the building's
top floor apartments, in which they
had pots sitting on the floor in what
was supposed to be their small
apartment's only bedroom. The pans
were filling with water from the leaky
roof, as it was raining that day and
the plaster from the ceiling had
already started to fall.
"We've called the city housing
inspector; they're supposed to be here
this afternoon. The landlord promised
to fix the roof as soon as the snow
melted. Our toilet doesn't work all the
time either," Bearstops explained.
Another tenant and her mother
from the White Earth reservation told
yet another story. "I have no screens
on my windows or a back stairways
in case of a fire. When you open the
back door you're looking straight
down. We live on the third floor of
the building and my 2-year-old could
fall out the windows or that door if it
came open," she said.
She says her rent is being vendored
to Anderson from the Hennepin
County welfare department. "The
welfare pays him (Anderson) S328.00
and he than has me pay him another
extra $90.00 on the side. He
(Anderson) has been trying to evict
me, but the judge has questioned the
rental payment agreement," thetenant
said.
The tenants say they have no
written rental or lease agreement with
Anderson, other then canceled checks
or signed receipts that they had made
up at the time that they paid the rent.
According to Kirk Hill of the
Minnesota Tenants Union, a landlord
has to provide written rental
agreements if the property has 12 or
more rental units. Foote says she
believes that each apartment building
has more than thirty rental units.
When Anderson was contacted for
comment, he had this to stay: "Why
don't you tell me about the situation
over there," he said.
Anderson was then told by the
PRESS, "Well then —I guess there
isn't anything to talk until you go over
there and talk to those tenants —call
me back as soon as you can."
Anderson did not return the call
before press time.
Ackley orders assault on Mole Lake
OCCUpierS Feds seize truckloads of documents
By Jeff Armstrong
Supporters of embattled Mole
Lake chairman Arlyn Ackley and a
private security team hired by the
tribal council stormed Sakaogan
tribal headquarters May 24 in an
effort to oust Anishinabe
demonstrators who have occupied
the offices since the beginning of the
month.
Protest spokesman Bill Koenen
was injured by club-wielding
Ackley enforcers in the early
morning attack, but no criminal
charges have been brought against
either side in the conflict.
"That was not an assault on an
individual or our group, it was an
assault on the community in terms
of people that are asking,
demanding an open government,"
said Koenen. "We were all
assaulted; I was the only one that
was worked over," he said. Koenen
said numerous people have been
fired and threatened with eviction
for alleged sympathies wijth the
movement.
The activist challenged the legality
of the raid by WisCo Security
officers, who Koenen said broke
into the tribal building with a front-
end loader around 1 a.m. last
Saturday. He said some in the group
carried machetes. "Does that mean
from now on, local and federal and
state law enforcement authorities
have no responsibility, and any goon
squad or right-wingers or
paramilitary groups can come in and
beat the hell out of Indian people
because the chairman hired them?"
The occupation, however,
continued through May 28, when
Ackley cont'd on 3
Red Lake Band, Shakopee Sioux and four
others cited for being in violation of IGRA
May 30,1997, Washington, D.C,
The National Indian Gaming
Commission (NIGC) today announced
that Notices of Violation had been
issued to six tribes and one gaming
management company for noncompliance with 'various aspects of the
Indian Gaming Regulatory Act
(IGRA). The Tribes include the Lower
Brule Sioux Tribe of South Dakota,
the Red Lake Band of Chippewa and
the Shakopee Mdewakanton Sioux in
Minnesota, the OneidaNation of New'
York, the Cahuilla Band of Mission
Indians of California, the Confederated Tribes of the Colville
Reservation in Washington, and the
D.B.G Investment Corporation, the
former manager of the Golden Bear
Casino on the Resighini Rancheria in
Klamath, California.
Two Notices of violation were issued
to the Lower Brule Sioux Tribe
regarding its operation of the Golden
Buffalo Casino in LowerBrule, South
Dakota. The violations include failure
to submit a 1996 audit of the gaming
operation to the NIGC, failure to
complete background investigations
and grant licenses to all key employees
and failure to forward applications on
key employees to the NIGC.
The Minnesota Red Lake Band of
Chippewa Indians were cited for
failure to submit 1996 audit reports
for the Lake of the Woods Casino
and Bingo, the Red Lake Casino
and Bingo and the Red River Casino
and Bingo gaming operations.
Failure to submit a 1996 audit for
the Little Six Casino resulted in a
Notice of Violation against the
Shakopee Mdewakanton Sioux
Community of Prior Lake,
Minnesota.
The Oneida Nation of New York
was cited for failure to submit audits
for 1993,1994,1995 and 1996 for its
Turning Stone Casino.
A California tribe, the Cahuilla Band
of Mission Indians was cited for failure
to submit a quarterly statement and to
IGRA cont'd on 4
Minnesota Indian Affairs Council (MAIC)
found liable in age discrimination cases
St. Paul, MN _ The Minnesota
Department of Human Rights has
completed -its investigations of the
age discrimination complaints filed
by Charlotte White and Luoretia Klenk
against the Minnesota Indian Affairs
Council (MIAC) and has issued a
finding of Probable Cause in both
cases.
The complaints which were both
filed in 1996 by Charlotte White, age
63 and Luoretia Klenk, age 62, both
long time employees of the MIAC
were nearly identical in content. The
finding which are identical in content
are as follows:
1. A determination has been made
based upon the investigation results
stated below, that there is PROBABLE
CAUSE to credit Charging Party's
allegation of an unfair, discriminatory
practice by Respondent, in violation
of Minnesota Statutes, section 363.03,
subd. I(2)(c).
2. Investigation establishes
Respondent discriminated against the
Charging Party, one of two female
employees in their early sixties in the
area of employment, on the basis of
age. Witness information establishes
Charging Party was called ageist
names, was subjected to ageist
comments, and was treated in a
demeaning manner by the Executive
Director, [Joe Day] who was the top
administrator of the agency by which
the Charging Party was and continues
to be employed. Evidence supports
Charging Party was likely called by
the ageist and disrespectful names she
alleges in her charge, as well as by
other disrespectful and ageist names.
3. Witness information corroborates
the Executive Director sent an
anonymous fax to the Charging Party
and another older female at the St.
MIAC cont'd on 4
Tribal offical worried EPA 'loose cannons'
could sink deals
By Andrew Balsko
MADISON, Wis. (AP) _ Newly
unsealed documents show an Oneida
official raised concerns about "loose
cannons" at the U.S. Environmental
Protection Agency jeopardizing water
rights agreements with Indian tribes.
The letter referred to legal moves by
the state, focusing on alleged
discrepancies in EPA documents, that
have prompted the EPA to withdraw
agreements allowing the Oneida tribe
and the Lac du Flambeau Chippewa
band to control water quality on their
own reservations.
In the confidential letter. Ron Baba,
Oneida director of planning, advised
EPA tribal programs managerClaudia
Johnson-Schultz that the EPA should
examine itself so the Oneida Nation is
not hurt again by such charges.
"The agency should take the
initiative to address the possibility of
a recurrence of the difficulties we
now face," Baba wrote. He described
his comments as "unofficial thoughts"
about the charges that documents were
faked.
"Is the agency doing anything about
individuals in its employ who seem to
be Moose cannons?'," he asked.
The documents are part of the court
record in state lawsuits challenging
the EPA's decisions to grant
"treatment-as-a-state" status under the
Clean Water Act to the Oneida tribe
and Lac du Flambeau band. The status
al lows tribes to set and enforce water-
quality rules on their reservations,
under EPA supervision.
State attorneys charge that some
documents purportedly used in
reaching the agreements were
prepared by EPA officials after the
Native tenants to sue slumlord for bias
Ackley orders assault on Mole La cupiers
Six MN casinos cited for being in violation of IGRA
Growing older & isolated: community response/ pg 3
MN, WI collaborate on guidelines for eating fish/ pg 5
Voice of the People
1
decisions were already made.
On May 21, under pressure of the
lawsuits, the EPA withdrew the
agreements for the two tribes and
asked that the lawsuits be dismissed.
Briefs filed by the state Tuesday
oppose dismissal of the lawsuits.
The state wants the larger issue of
Indian water rights resolved, said
Justice Department spokesman Jim
Haney.
"We believe that this is just a tactical
and temporary retreat by the EPA,"
Haney said. "We feel the case needs
to go forward."
The state contends that granting
tribes authority over water quality
infringes on the state's role in
controlling public waters throughout
Wisconsin.
Tribal leaders have argued that
Deals cont'd on 3
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Volume 9     Issue 33 May 30, 1997
i
Copyright, The Ojibwe Mews, 1997
Young dancers enter the arena at this years Leech Lake's spring pow wow during Memorial weekend.
Stabbing of Red Lake youth investigated
Richard Meryhew
The FBI and Red Lake authorities'
are investigating the stabbing death
Sunday ofa teenager on the Red Lake
Indian Reservation, northwest
Minnesota. Authorities identified him
as Wesley Strong 18, of Redby,
Minnesota.
Strong, a Red Lake High School
senior, was a reserve guard on the
school's basketball team, which
appeared in the boys state tournament
this March. He also was an outfielder
and third baseman on the school
baseball team.
Several reservation residents said
Tuesday that Strong was stabbed
about 2 a.m. Sunday while attending
a graduation party in Redby. Red
Lake High School seniors graduated
Saturday.
Authorities, however, provided few
details Tuesday.
Coleen Rowley, a special agent for
the FBI in Minneapolis said no one
has been arrested in connection with
the incident. And Ron Turney,
director of public safety for the
reservation, said late Tuesday that he
could not comment on an
investigation in progress. He said the
FBI is assisting Red Lake
investigators as it would on any major
crime.
One resident said the stabbing
occurred after several teens tried to
crash the graduation party. They left,
he said, but returned with weapons.
During the second altercation, Strong
was stabbed in the chest. Several
others were injured, he said.
A funeral service for Strong will be
held at 2 p.m. Friday at Antipas
Episcopal Church in Redby.
Visitation began at noon Tuesday
at the Redby Community Center and
continue until shortly before the
funeral.
(Reprinted from the Minneapolis
Star-Tribune)
Convicted arsonist accuses Ho-Chunk
leader of hiring him to set fire
BARABOO, Wis. (AP) _ An
attorney for the forrner leader of the
Ho-Chunk Nation denied Friday that
his client asked a tribal member to set
afire in 1992 at the tribe's bingo hall.
The allegations are in a lawsuit filed
earlierthis month in Ho-Chunk Nation
Trial Court by Steve Funmaker, who
served nearly three years in federal
prison for setting the fire at the Ho-
Chunk Bingo and Casino Hall.
Funmaker is accusing then
President-elect Jo Ann Jones and 59
supporters of soliciting him to set the
Jan. 29,1992 fire so that an opposing
faction of tribal members vying for
control over Jones could not take over
the bingo hall.
Funmaker is seeking to recover
income lost while he was in prison.
He also wants the defendants to
reimburse the tribe for more than
$106,000 that he said they stole from
the bingo hall before he set the fire.
The building sustained more than
$ 15,500 in smoke and water damage,
according to his complaint. Jones
denies the allegation.
"We don't believe there is any basis in
law or in fact for that allegation. We
would go so far as to say it's frivolous,"
said Mark Friedman, one of Jones'
attorneys.
Jones is seeking the presidency again
in the tribe's June 3 elections, and that
is part of the reason that Funmaker is
filing the lawsuit now.
"I just don't want to see her in
(office) again," Funmaker said. "I
don't want anybody to go through
what I went through."
Funmaker said he would not have
filed the lawsuit unless the allegations
are true because many of the other
people named in the lawsuit are his
relatives. "If I didn't have nothing
here, I wouldn't stick out my neck
with my relatives," Funmaker said.
Court issues arrest warrants for chief Byrd
TAHLEQUAH, Okla. (AP) _ A
Cherokee Nation court is asking the
Bureau of Indian Affairs to serve arrest
warrants on the chief and deputy chief.
The Judicial Appeals Tribunal
issued bench warrants Tuesday for
the arrests of Principal Chief Joe Byrd
and Deputy Chief Garland Eagle after
they failed to appear for a hearing on
contempt charges.
Justice Philip Viles said the warrants
would be turned over to the BIA,
which took over law enforcement last
month for the strife-torn tribe. He
expected the Department of Interior
solicitor's office would be asked to
rule on their validity.
"If the BIA rules against us, then we
will have to determine our response at
that point," he said.
Acting Field Solicitor Alan
Woodcock said Tuesday that he could
not comment on any action the agency
may take. He referred to a pending
federal lawsuit that seeks to restrain
the BIA's involvement in the tribe's
affairs.
"We can't comment since this matter
is in litigation," Woodcock said.
Byrd and Eagle were scheduled to
appearata 10:30 a.m. hearing Tuesday
on charges of violating the orders of
the tribe's highest court.
The tribe issued a statement
acknowledging Byrd did not attend
the hearing and cited impeachment
actions taken against the tribunal's
three judges earlier this month.
"Therefore, the administration no
longer recognizes any actions taken
by Ralph Keen, Dwight Birdwell or
Philip Viles in their former capacity
as justices of the court," the statement
read.
"Once new members are appointed,
confirmed or sworn in, all matters
pending before the tribunal will be
heard," it stated.
The legality of the ousters has been
questioned because only eight of the
15-member Tribal Council voted for
the judges' removal. The three justices
have refused to leave the courthouse.
Eagle is accused of violating the
Byrd cont'd on 3