Congressional and judicial shelter of criminal conduct on
Indian reservations is reaching an outrageous level. It is happening
daily across the country and is getting no or slight local media coverage.
It is receiving even less attention from elected officials. The
problem is creating a growing resentment for "special preferences"
and worse, contributing to an increase of illegal immigration and domestic
terrorism.
The 9th Circuit, on January 7th, found that it was permissible on January 1,
1996 for a Gila River Indian Community tribal employee in Arizona to put a
gun to a tourist couple's heads, terrorize them for three hours, threaten
destruction of their dogs and property, because "Indian tribes have
long been recognized as possessing the common-law immunity from suit
traditionally enjoyed by sovereign powers." This couple's crime
was to stop their car on the reservation to walk their dogs. A
citation for trespass against this terrorized non-Indian couple had been
immediately dismissed even by the Gila River tribe, but the tribal
employee's conduct - well, too bad. Kings X - Indian Sovereign
Immunity - Olly-Olly-Oxen-Free.
On January 4th the 9th Circuit ruled on a case of tribal employee welfare
fraud allegations. Three Bishop Paiute Tribal casino employees were
allegedly collecting welfare for over two years while full-time employed, a
matter upsetting to Inyo County, California Prosecuting Attorney and County
Sheriff. The court ruled that execution of a search warrant and
seizing of casino personnel records when the Tribe had refused to cooperate,
violated the Bishop Paiute Tribe's sovereign immunity. No matter that
evidence collected provided suspicion of welfare fraud for six additional
employees. The tribe's sovereign immunity had been violated so the
welfare scammers skate and the tribe gets to collect damages from Inyo
County. What a great signal this sends to tribal employees across the
nation. Kings X - Indian Sovereign Immunity - Olly-Olly-Oxen-Free!
Off, but near the Yakama Reservation, on January 16th, two Yakama tribal
members recently shot an elk in the vicinity of a state operated Nile Valley
Elk Feeding Station. Imagine the hell that would befall any other
off-season, unlicensed hunter. The feeding station benefits elk in the
winter and discourages elk from damaging adjacent farmlands. Tribal
members however, finding it unnecessary to give a feeding elk even a running
start, helped themselves to this "road kill" assisted by the State
of Washington's generous feeding station expense. Yakama Tribal
leaders, who passed their own Tribal resolution banning this practice in
1996, decided that the tribal members were simply killing the elk for an
anticipated tribal funeral, an accepted practice. So hey, party on at
the funeral, fellas - the Elk is courtesy of the State of Washington
taxpayer, and on your conscience. Yakima County and State of Washington can
take no enforcement action, because of "Indian Sovereign Immunity"
Kings X again.
Indian Country Today newspaper reported on January 1, 2002 that the Rosebud
Sioux Tribe in South Dakota is "embroiled in a financial mess."
It seems that some $2.3 million in federal monies is unaccounted for
in a mere three-month spending period, August through October of 2001.
Then in New York there's the entrepreneurialism of the Mohawk Tribe. They
were busted in 1999 for smuggling drugs, guns and illegal aliens (300 to 500
a month for years) into this country, including associates of Osama Bin
Laden at $47,000 a head. A couple of years previous to that they were
busted for smuggling $700 million worth of tax exempt cigarettes, and in
1990 they engaged in an armed standoff with New York State Police over
illegal gambling activities. Their reservation once touted billboards
posted on their borders stating NO FBI, NO Department of Taxation, No
Sheriffs, No New York State Police Allowed. The signs were removed in
2001 due to low casino turnout. Ah, the joys of Indian Sovereign Immunity.
And speaking of gaming, let's do a reality check on economic violence
occurring across the nation's map during a difficult recession. We're
supposed to believe that these casinos are a positive impact on local
economies and great for Indian self-sufficiency. Do you just suppose
that all that "disposable income" previously spent in local
communities and small businesses, and now diddled away into Indian casino
slots, is not a problem for local adjacent communities? Certainly gambling
addictions have no impact on already low-income households across the land.
And of course, individual enrolled tribal member households are
directly benefiting from their tribe's casino...I don't think so. Gambling
addiction and family values are a marriage made in hell. But hey,
whatever we can do to support that good ol' Indian Sovereign Immunity.
The problem is not Native Americans. The real violence is fueled by
Federal Indian Policy, special funding preferences, special congressional
and judicial protections that shelter violent behavior upon others, fraud,
theft, harassment of fellow citizens, inhumane treatment of animals, and a
bottomless pit drainage on the national economy called gambling that sucks
"disposable" income out of economically fragile households and
communities.
My own mother and grandmother were enrolled Cherokee, as I could also be.
I prefer to be a U.S. citizen on equal footing with all other U.S.
citizens. For so long as Indian "sovereign immunity" exists
for tribal governments and enrolled members, there's no such thing as equal
footing in this country. An exploding passel of mayhem, just lightly
touched on herein -- such unlawful and indecent behavior against fellow U.S.
citizens -- gets a free pass. Thank you, Congress and our Courts.
Most citizens of Native American ancestry are not enrolled members of tribal
governments. Most Native American descendants play by the same
rules we all do. Indian sovereign immunity for tribal governments,
however, is the double-edged sword that is perpetuating demeaning and
disgraceful conduct among enrolled tribal members who, lacking such legal
shelter, would better represent their ancestors. I hope Congress
encourages them to start, soon.
Elaine D. Willman,
Executive Director
Citizens Standup! Committee
Toppenish, WA