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Bragdon/Chukchansi Lawsuit Update (7-29-2012)

29 Jul

On July 10, 2012, the plaintiffs and the United States have stipulated (i.e., came to an agreement) to extended deadlines for filing the opposition to the plaintiff’s motion to enforce judgment that was highlighted in the recent news story regarding the Chukchansi casino.  The United States requested, and the plaintiff’s agreed, that to adequately prepare a defense and gather appropriate documentation, their deadline for filing an opposition to the plaintiff’s motion be extended to September 7, 2012.  The plaintiff’s reply will be filed by September 28, 2012.

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1 Comment

Posted by on July 29, 2012 in Indian Law

 

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One Response to Bragdon/Chukchansi Lawsuit Update (7-29-2012)

  1. RW

    July 30, 2012 at 12:46 pm

    While profits from casino gaming exposes greed in our humanity and those that are just trying to get a bigger piece of the pie, it is also true that it exposes natives that have been breaking their own laws and lying to the US Government to get more money per-head, pre-recognition and casino’s.

    So how are these 2 examples any different? Both examples are driven by greed (more heads = more money or less members = more money for those left on the rolls). When dis-enrollments occur, the reasons vary from tribe to tribe, each case is just a little bit different in degree’s from the other because it is people that always start and stop the problems.

    In the case of the Snoqualmie Indians in Washington State, the excessive loading the rolls with members below the 1941 Constitutional requirements started in the early 80ies. At this time it was about getting the head count up for more federal dollars. The same family has been in control of the tribe since the 80ies. Currently there are an estimate of 150 – 170 that do not possess the requirements to be enrolled in the tribe. this leaves about 200 – 220 that do.

    The current expired council 2 years ago ordered an enrollment audit from a well know Native American Geneologist at the University of Washington, who also has done the same work for the Tulalips and Muckleshoots (2 of the largest tribes in the NW). Now with the results in, it has revealed the last 40 years of lie’s of the Natives who have behaved like criminals since the early 80′s. And now all of a sudden its the casino’s fault?…and now all of a sudden its about greed?

    BTW; the people without the right to be in the tribe, voted (voted? really?) to not accept the audit. What a joke of humanity.

    Where were these cry’s for injustice and the violation of civil rights and due process when the eligible members were having their rights trampled by greedy and ineligible members being put on the rolls? This is robbery and theft by stealing the rights and benefits of those that it belongs too. And then you want to scream bloody murder when you get found out? really? Just because it has illegally been this way for 30 or 40 years, doesn’t make it right now.

    Do not let the federal government make this an issue about the casino’s, because this just helps them build their case against the Native Americans even having them in the first place. These are your economic engines. Protect them, preserve them, and most of all respect the children-your future and preservation. This can be accomplished by being model citizens in your nations, not the standard and accepted law-breaking citizenry that we have today.

    As of 7-30-12, the IBIA in DC has accepted the Snoqualmie members appeal, and the BIA Area Superintendent has been ordered to send the Administrative Record to the IBIA within 30 days. The Superintendent has asked for an extention of time because of the volumous data to be retrieved (this superintendent is going to be sure that his historical lethergy will not cost him his retirement, so he is going to be sure that the IBIA gets everything and the kitchen sink, to try and clear his incompentence for at least since federal recognition in 1999.

    This family in power since the early 80′s stole the birthright of Chief Jerry Kanim who was Chief from 1914 – 1956 and who reorganized the Snoqualmie, over saw the first Constitution in 1941 and fought his whole life for treaty rights, long before the term ‘federal recognition’ became something to achieve, and eventually 43 years after his death fulfilled criterion (c) of the 7 criteria required for recognition based on his lifetime leadership. His step children ran off his real (only) daughter, and after she passed away, they assumed her family line identity and preceed to fill the rolls of the Snoqualmie with their own family line which had long been below the Snoqualmie Constitutional requirement for enrollment with no decendancy to 1919 Charels Roblins Roles, with many of them being found on the Duwamish Roblins Rolls of 1919 instead.

    My point is that everyone crys about civil rights for those that have been disenrolled and who were put on the rolls against the laws of their own Constitutions back in the day. So how can this truly be a violation of their rights, when they legally never had any of these rights they are claiming were violated.

    It would seem to me that those who still currently meet the enrollment requirements are the ones who’s rights have been violated all these years. Yes it is true that sovereignty allows Native American tribes to determine their members, but this sovereignty is governed by the laws of each Nation, which is usually a Constitution of some sort. Sovereignty does not over rule a Constitution. The Constitution guides the sovereignty.

    So while the Snoqualmie does have a casino, it has been these casino profits that have exposed longtime illegal enrollment practices by Natives who have fallen prey to greed long ago before recognition or the casino. Now when these ones are exposed post casino, it is unfair to say that it is because of the casino profits, because a wrong is a wrong all the time, not just when it is convienent to ones agenda, whether that agenda was pre or post a casino.

    If you want your relatives in the tribe, who currently are not eligible, then rally to ammend or change your Constitution so that this can be done legally and truthfully, so as not to damage the lives of your great great grandchildren. Don’t make them live a lie just because you choose to.

    This expired council family did not want to change the Constitution because they had already instilled in the minds of the people that they were from the Chiefly line with the requirements to be enrolled, and those that knew they were lying stayed quiet so that they could stay in the tribe themselves. So before casinos came along, greed was already in full bloom, so you can’t blame the casino’s, they only amplified the social issues that have long been plagueing Native Americans and all of humanity.

    Stop claiming that there is great honor and respect among Native American’s when you don’t know how to live that out, or don’t even know what it looks like in your generation.

    Look at your ancestors. Honor and respect were common place in their day, and they followed the community rules that were set up by them all, in how they would treat on another.

    Thats why they didn’t feel it was nessesary to ever write their laws, because their word meant so much.

    RW

     

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