Tuesday, December 29, 2015

Civil and Human Rights Abusing Tribe to ReOPEN their Casino: Chukchansi Gold opens Dec. 31

The Picayune Rancheria of Chukchansi Indians Tribal Leaders announced Monday that the Chukchansi Gold Resort and Casino will reopen on Thursday, December 31.

The casino has been closed since October 2014 after an armed tribal dispute occurred. According to the release, an agreement was reached between the Picayune Rancheria of Chukchansi Indians and the National Indian Gaming Commission last Monday which paved the way for the casino's reopening.

"Since our election, the Tribal Council has worked every day with our government partners, casino management team and local business partners to get Chukchansi Gold Resort and Casino ready to open for our customers," Tribal Chairwoman Claudia Gonzales said. "We are thankful for the support of our members and believe this is an important first step in bringing prosperity back to our people."

A formal reopening ceremony will take place on January 15, 2016.

Thursday, December 24, 2015

* * * MERRY CHRISTMAS *** FROM ORIGINAL PECHANGA * * *

The next three days will be spent with family and friends. The Christmas shopping's done, the grocery shopping is done. Do you all have a wish list? Here are some of the things I'm wishing for:

1. I wish that the Hunter & Manuela Miranda Family can emerge stronger after more than a decade of Christmases under disenrollment. We don't need strong, silent types, we need vocal types, and we need more of us in the fight, to honor our ancestors.

2. I hope the CPP, who have gotten a felon elected to Pechanga's council, will have this as their last Christmas. Maybe get some hearts as their evil ones die off.

3.  I'm hoping that the thousands f disenrolled tribal members will band together adding their voices together, not just to complain, but to act.  We've gotten more attorney's involved, we've increased the wattage on the spotlights shining on the corruption, we've gotten more news stories.   We need MORE arrows in the quiver....and that comes from YOU...

4.  I'm hoping that more will help by sharing our posts on social media, liking those post ON social media.  Use our email list to keep our politicians both informed....and ON NOTICE that we expect them to act.   At the bottom of each post, there are buttons to share on TWITTER, FACEBOOK and PINTEREST, and to also GOOGLE + the story.  These simple actions..will help.  We don't need you standing in the snow...simple presses of the buttons...

Paulina Hunter
Original Pechanga Person
Proven so, by Tribe's own evidence
Disenrolled posthumously

Merry Christmas to all of you. 
Be safe, enjoy the time with your family. 

Tuesday, December 22, 2015

Appeals Court Strikes DOWN Trademark Ban on OFFENSIVE NAMES..like REDSKINS

 A U.S. appeals court on Tuesday struck down a provision of a federal law that barred the registration of offensive trademarks because it violates the First Amendment of the U.S. Constitution.

The decision by the U.S. Court of Appeals for the Federal Circuit in Washington, D.C., vacates the refusal by the U.S. Patent and Trademark Office to register the name of the Asian-American rock band, The Slants. It could also affect the decision by the agency to cancel the trademarks of the National Football League's Washington Redskins.

Tuesday's ruling that the law is unconstitutional now sends the case back to the Patent and Trademark Office for further proceedings.
Interest in the case is high because the more high-profile Redskins case is also currently on appeal at the 4th U.S. Circuit Court of Appeals in Richmond, Virginia.

Monday, December 21, 2015

NIGC Enters Agreement with the Picayune Rancheria of Chukchansi Indians to Reopen Casino

The National Indian Gaming Commission (NIGC) has entered into a settlement agreement with Picayune Rancheria of Chukchansi Indians (Tribe) located in Coursegold, California.  In October, 2014, the Chairman issued a notice of violation and temporary closure order for all gaming activity at the Chukchansi Gold Resort & Casino because the Tribe was operating the gaming facility in a manner that threatened public health and safety. The Chairman had also issued notices of violation and a temporary closure order because the Tribe had failed to submit annual independent audits, financial statements, and agreed-upon procedure reports for fiscal years 2012 and 2013. The settlement agreement resolves these issues and seeks to ensure the on-going health and safety of the gaming operation and its employees and patrons. 
The settlement agreement allows the Tribe to reopen its gaming facility under certain conditions. A significant condition of the settlement agreement is that the Tribe agrees to pay a fine in the amount of $19,845,000, a portion of which will be suspended as long as the Tribe adheres to the settlement agreement.  The agreement further details both pre-opening conditions and post-opening conditions the Tribe must meet to ensure the safety and health of patrons and employees and compliance with NIGC audit regulations, including a requirement for the NIGC to conduct a full Internal Control Assessment within nine months of the opening date.
The Agreement specifies that if anything occurs to threaten the health and safety of the facility or its patrons and employees, the closure orders will be immediately reinstated and the suspended fine amount will be due. Furthermore, if deadlines or terms of the agreement are not met by the Tribe, the settlement agreement provides that the Tribe must cease and desist all gaming activity. NIGC will continue to monitor the Tribe’s gaming activity and enforce the settlement agreement, as well as investigate and enforce against any new or reoccurring threat to health and safety, or violations of the Indian Gaming Regulatory Act, NIGC’s regulations and the Tribe’s Gaming Ordinance.

NOOKSACK Tribe Countersues Nooksack 306

The Nooksack Tribe, which recently had to shut down one of their underperforming casinos, has file a countersuit against the Nooksack 306.  They throw the term ineligible plaintiffs a lot...

Read the filing HERE

This will get interesting.   It would seem that if the Nooksack tribe spent as much time on their casino business, instead of violating civil and human rights...they would be more successful.

THE BIG QUESTION for the NOOKSACK TRIBE?

If the NOOKSACK 306  doesn't belong why does everything have to be amended.... YOUR Constitution, YOUR Ordinances, YOUR codes, resolutions and motions in court

Saturday, December 19, 2015

Gabe Galanda is a Native Lawyer That Takes on DISENROLLING TRIBES.

A nice piece on Seattle Native American attorney who has done a great job in bringing the disgraceful actions of disenrollment forward.  Please read, and share on social media: 

In his big gray truck, Gabriel Galanda makes a notable entrance into a Nooksack tribal-housing development of a couple dozen modest homes, set on a winding road about a half-hour east of Bellingham. Many of the residents, members of a sprawling clan who move easily in and out of each other’s homes, appear with platters of fry bread, chicken adobo, baked halibut, salads, cupcakes and pies.

It’s a feast befitting their biggest defender, one who has made their small tribe of a couple thousand members well-known throughout Indian country, and not in a good way. The Nooksack tribal government for the past three years has been trying to disenroll the clan in this housing development and its extended family — which would strip all 306 of tribal membership.


And for the past three years, Galanda, a Seattle-based Native American lawyer, has been fighting it. The cause has taken the 39-year-old Galanda on a journey, personal and professional, that taps into the heart of what it means to be Native American.

It has led him to challenge what he calls an “epidemic” of disenrollment among not only the Nooksack, but tribes across the country, afflicted with factional fighting and questions of how to divide casino riches. They include the Snoqualmie Tribe, where a controversy over disenrollment and banishment erupted seven years ago; the Cherokee Nation, embroiled in a long-running court battle after trying to kick out descendants of slaves owned by the tribe, and dozens of California tribes.


Read the rest of the article  and for MORE on Disenrollment please:


Read the Rest of the ICT article here

Learn More on Disenrollment, Ethnic Cleansing in Indian Gaming Country at these Links:
Gaming Revenue Blamed for Disenrollment
disenrollment is paper Genocide
CA Tribal Cleansing
Tribal terrorism
TRIBAL TERRORISM includes Banishment
Nooksack Disenrollment





Wednesday, December 16, 2015

Juanita Sanchez, Elder of Manuela Miranda Family of Pechanga, Walks on at 88, Without Justice.

Sad news today, to hear of the passing of the ELDER of the Manuela Miranda family, whose lives were ripped apart in the first mass disenrollment in the history of the Pechanga Band of Luiseno Indians.

In her search for justice, she opened her home to protesters, to provide sustenance, support and guidance.


Grandson John Gomez Jr posted this on his Facebook page in her honor:


Earlier this morning, my Grams, Juanita D. Sanchez passed on. Born on June 24, 1927 at her family's ranch near San Jacinto, California, my Grams was one of ten children born to Andres and Frances Salinas. 

A direct descendant of Temecula Chief Pablo Apish, Grams was a proud Payoomkawish who spent her life helping and caring for others. 


Grams spent over 20 years with the California State Department of Rehabilitation as a case worker and received a commendation from the California State Legislature for her work on behalf of her clients. After retiring as a State of California employee, Grams continued to serve others by donating her time and resources to numerous charities and organizations. 


A member of the Pechanga Band of Luiseno Indians until 2004, Grams worked with others who had been the victim of human and civil rights violations in Indian Country. She was preceded in her death by her parents Andres and Frances as well as her 9 brothers and sisters: Jozee, Esther, Pete, William, Michael, Myrtle, Pearl, Margaret, and Beatrice. 

She leaves behind her four boys, Paul,John, Arthur, and Alfred, and a large number of grandchildren, great-grandchildren, nieces, and nephews. 

Services will be held next week in Murrieta, California and Grams will be laid to rest at San Jacinto Valley Cemetery near her mother and grandmother.

Tuesday, December 15, 2015

Are Tribal Membership Moratoriums ANY Different Than Trump's Muslim Moratorium?

Many Tribes have moratoriums on membership in place.  Most have been implemented after they opened up lucrative casinos.  Some are keeping rightful descendants OUT of the tribe.  Some are related to the people keeping them out.

Recently GOP Presidential candidate Donald Trump suggested keeping out Muslims from our country.  He immediately caught fire from liberals who were aghast at the suggestion that we'd keep people out based on religious ideology.

But is that any different than tribes keeping people out because they come from the wrong family?

At Pechanga, we've written about the "Moratorium People" the Petra Tosobal descendants.  They certainly belong.  You can read about it here: Moratorium People

Tribal officials had told him he and his family are not on the rolls, he said, and they won’t get considered for membership until a moratorium on new enrollments is lifted now extended past 2010. His family members, who number more than 100, have stacks of documents that they say they submitted to the enrollment committee 15 years ago.  

How is that different from Muslim refugees who are looking for a better life?  Some may be coming here because they have family here.   Same with tribal descendants.  They have family in the tribe, but the tribe keeps them out.   Where are the howls of protest?  

Is it easy to scream hateful things because it's TRUMP?   Why isn't the left of aisle politicians looking HERE, to stop the hateful practice of moratoriums to membership?

Monday, December 14, 2015

Broadman and Miller: Native Lawyers say Disenrollment BAD for the BOTTOM LINE....REDUX

They've written before on the issue of  disenrollment and the costs to tribes, and now there's more in Indian Country Today:

First, disenrollment harms existing businesses. In Washington, a small faction of the Nooksack Tribe has unsuccessfully tried to disenroll a group of members known as the “Nooksack 306,” since late 2012. The nearly three years of upheaval has brought the Nooksack government’s operations to a screeching halt, and impaired all of the Tribe’s businesses.

In 2013, the faction fired dozens of disenrollees who, over the last decade, had helped build the Tribe’s two casinos and keep Nooksack gaming operations in the black. Within months, the Nooksack Tribal Chairman announced that the Nooksack River Casino might close because of a judgment against the casino of more than $20 million for unpaid debt. As reported by the Bellingham Herald, “the tribal council was too preoccupied with a controversial effort to disenroll hundreds of tribal members” to properly run the Tribe or its enterprises.

The Picayune Rancheria of Chukchansi Indians, which “has been disenrolling members for decades” for sake of larger Indian gaming revenue per-capita distributions to remaining tribal members, is in the same financial purgatory. Last year a federal judge shuttered its once lucrative casino, causing a catastrophic default on the Tribe’s $250 million bond issuance through Wells Fargo Bank.

Not only are both the enrolled and disenrolled Chukchansi Indians now suffering financially—the latter far more harshly than the former—but so are the bondholders and various other stakeholders—with the singular exception of the lawyers. Indeed, “the casino closure has significantly affected Madera County’s economy and the nearby communities.” In short, disenrollment bankrupts.

Second, disenrollment seems to attract entrepreneurs of chaos: investors, lawyers, and consultants willing to do business with regimes that terminate their own members for profit. Self-styled “enrollment auditors” will examine a Tribe’s membership records, for a price. Ask the Eastern Band of Cherokee Indians, which expended $900,000 for an enrollment audit and in turn put over 300 members on the disenrollment chopping block.


Learn More on Disenrollment, Ethnic Cleansing in Indian Gaming Country at these Links:
Gaming Revenue Blamed for Disenrollment
disenrollment is paper Genocide
CA Tribal Cleansing
Tribal terrorism
TRIBAL TERRORISM includes Banishment
Nooksack Disenrollment




Sen. Dianne Feinstein to Investigate Bureau of Indian Affairs Actions in the San Pasqual Matter

Excellent news!   Sen. Dianne Feinstein will investigate the issues that the San Pasqual Descendants have had with the B.I.A. and their continued obfuscation and delays in their FOIA responses. We wrote previously wondering if California BIA Director Amy Dutschke should be RECUSED in the San Pasqual issue as it seems she'd be judging herself.

Now, Sen. Feinstein has committed her team into looking into the issues.  Cover up? or Incompetence?



Thank YOU, Senator Feinstein, for doing what Senator Barrasso won't do.  Let's get the BIA doing their jobs and following the LAW.


Remember, the BIA has been sued for FAILURE in it's trust responsibility at the Pala Reservation.


Sen. Feinstein's staff should read this article about Amy Dutschke and how she operates.  Let's not let this federal department continue to withhold justice.

Friday, December 11, 2015

NOOKSACK RIVER CASINO is CLOSED. Tribe Concentrated on Disenrollment, Not Good Business Practices

The Nooksack Tribe's HATRED has caused some economic repercussions.  Word came down that the NOOKSACK RIVER CASINO has closed.  A phone call confirmed they would NOT be open today.  This will be a terrible Christmas for so many employees and their families.

How is it that the tribe could spend millions trying to screw their own members out of their rightful place in the tribe, led by ADOPTED member Kelly, and let their core business falter.  That lawyer money could have been spent for advertising, updating their casino and cash flow...

Will the TRIBE continue to suffer under the leadership of BOB KELLY?  

Thursday, December 10, 2015

After FAILING to Protect and Defend THOUSANDS of NATIVE AMERICANS, KEVIN WASHBURN OUT at BIA

SEE YA....thanks for NOTHING...


U.S. Secretary of the Interior Sally Jewell today announced that Assistant Secretary for Indian Affairs Kevin K. Washburn, after more than three years of leadership, will conclude his service to the Department and will return to the faculty of the University of New Mexico School of Law in January. Principal Deputy Assistant Secretary Lawrence “Larry” Roberts will lead Indian Affairs for the remainder of the Obama Administration.

SEE THESE LINKS ON WASHBURN and DISENROLLMENT:


Washburn Can't be Serious Part ONE
Washburn Can't be SERIOUS Part TWO
Washburn Can't be SERIOUS Part Three
Washburn Can't be Serious Part FOUR

Following Washburn’s departure, Roberts will serve as Acting Assistant Secretary for Indian Affairs in January. Roberts is a member of the Oneida Nation of Wisconsin and has served in leadership at Interior since 2012. He previously served as General Counsel of the National Indian Gaming Commission.

Particularly meaningful to Washburn, the Department, under his guidance, has energetically executed the President’s strategy to restore tribal homelands.  Shortly after he took office, Washburn improved federal land-into-trust policy with the so-called “Patchak Patch” regulatory fix and helped reverse longstanding policy against federal trust lands in Alaska.  He also worked to implement the HEARTH Act, minimize state taxation of business activity on Indian reservations and helped establish the Land Buy Back Program which, in only two years of active land purchases, has invested nearly $730 million in Indian Country to restore nearly 1.5 million acres of land to Indian tribes.

Washburn is the longest serving Assistant Secretary for Indian Affairs since Ada Deer, who served from 1993 to 1997.  Washburn succeeded Larry Echohawk who served nearly three years from May of 2009 through April of 2012.

9th Circuit: Shingle Springs Miwok Man Prevails over Red Hawk Casino Tribe


Caught up in the holidays, we missed this stunning victory by Cesar Caballero in his fight for justice with the Shingle Springs Band of Miwok

The district court previously granted summary judgment to the Tribe on those claims that Caballero infringed on their trademarks and permanently enjoined Caballero from using the marks in any way.  On appeal, the 9th Circuit DISAGREES.  The TRIBE did NOT meet the burden. A great example of NEVER GIVING UP...


There is no evidence in the record — not even in Caballero’s brief exchange with the Tribe’s
counsel at his deposition — that Caballero intended to profit by using the domain names involving the Tribal Marks or the domain names involving the Red Hawk Casino Mark, either in the traditional sense or as exerting pressure on the Tribe to gain an advantage in a business dispute. The Tribe therefore has failed to provide sufficient evidence on this statutory element of its claims for cybersquatting.3

Whether the parties may be permitted to supplement the record and filea dditional motions for summary judgment, as to both the trademark and cybersquatting claims, are matters that we leave to the district court’s discretion on remand.

REVERSED AND REMANDED.

See the court case here: Shingle Springs Band of MIWOK vs. Cesar Caballero 

GALANDA on TRIBAL ETHICS And LACK THEREOF: Disenrollment for DOLLARS has A BILLION REASONS

Attorney Gabe Galanda has a paper out on the ethics and lack thereof of Tribes, and tribal lawyers and disenrolling for dollars

The result of the NIGC’s de facto deregulation of Indian gaming per capitas is a belief among some tribal “leaders”—aided and abetted by certain tribal lawyers—that they have cart blanche to decide “who’s in” and “who’s out” for purposes of those per caps; or, even worse, to convert tribal memberships into profits for those who remain in the tribe.


His conclusion:

The legal and ethical violations discussed above threaten Indian gaming at large. Recall that in 2006, Senator John McCain proposed an amendment to IGRA that would have required federal oversight of a “reasonable method of providing for the general welfare of the Indian tribe and the members of the Indian tribes.”
While tribes were rightly outraged by Senator McCain’s proposed encroachment upon Indian sovereignty, tribes were also put on notice that federal decision-makers will act upon the improper use of tribal per capita dollars.
It is time for the NIGC to once again regulate gaming per capita distributions and enforce related IGRA and RAP violations.
Indian Country must also do its part to curtail per capita abuses by, inter alia, regulating lawyer behavior.


READ THE FULL Presentation HERE  and read: A BILLION REASONS WHY it's ABOUT THE MONEY

Monday, December 7, 2015

Former San Manuel Chairman James Ramos Stands in STARK Contrast to Tribal Leaders Like Macarro of Pechanga and Smith of Pala

Watching this morning's news conference led by San Bernardino County Supervisors' chairman James Ramos, who was the former chairman of the San Manuel Band of Serrano Indians, showed marked contrasts in leadership.
                                                       

While we get a view of corruption, cronyism and abuse from Mark Macarro and Robert Smith, Chairman Ramos showed compassion, leadership and competency in guiding this news conference as San Bernardino County reopens its facilities after last week's shootings by Islamic extremist terrorists.

Today, as we open back up, I think we all know the challenges,” Ramos said. “We’re here for our employees. We’re here for our directors. We’re here for our safety.”

Under the tightened security protocols at county buildings, some security guards who had previously been allowed only to observe and report incidents are now authorized to carry firearms and "engage and detain" assailants, James Ramos, chairman of the San Bernardino County Board of Supervisors, said.


Thank you Mr. Chairman, for your leadership, and your focus.  May the corrupt leaders in California's Indian Country learn from your example.

Thursday, December 3, 2015

Terror Attack by Radical Islam in San Bernardino. Is ISLAM to BLAME, or the NRA?

I stray a bit from the course of this blog, to put my thoughts out there in light of the murders perpetrated by radical Islamist extremists.   My, wonder why it's taking so long for our government to call it what it is.  RADICAL ISLAM MURDERS

At this point, I'm not aware of any of my friends who were there, but our daughter had a friend of a friend who was IN THE conference room.  My daughter works only a mile or so away, so well within the flight range of the bullets.

THIS WAS RADICAL ISLAM, people.  No matter if the male shooter, Sayed Farook was a U.S. citizen.  He was radicalized, and IN CONTACT with radical Islamists.  Something we KNEW about, yet took no action?   Really?  What were we waiting for?  Wonder if they were on Dianne Feinstein's NO FLY LIST?

President Obama is subdued today, not calling out the shooters as radical Islamist extremists, still trying to push on "workplace violence".  WHY CAN'T IT BE BOTH?  A perfect place to kill a number of people who may have said "mean things" or some other perceived slight like calling the party a "Christmas" Party.  Although, this radical Islamist extremist AND HIS WIFE, killed people who THREW them a baby shower....so maybe they hated the presents?  The wife DID NOT work for the county, so HOW could it still be workplace violence?

It's also rather convenient that Obama, when talking about "sensible gun laws" NEVER mentions the ILLEGAL guns he sold to Mexico that killed HUNDREDS of Mexican citizens. THOUSANDS of AK's to drug cartels...  should we call him the GUNRUNNER PRESIDENT?

Notice how the left blamed the NRA right away?   But they wouldn't think of going after radical Islam?   They blamed the NRA and our second amendment  rights for the guy who shot people at the Colorado Planned Parenthood baby killing factory.  In fact, they BLAMED those who TALKED about the baby selling videos...but not the, you know ACTUAL baby parts sellers for driving a crazed person to the shooting.

NO, not every Muslim is radical. But does that mean we shouldn't call out radical Muslims?  WHY, because they might kill us?   Political correctness LED TO THIS KILLING, as neighbors noticed the recent gathering of Middle Eastern men at this Redlands location.  But didn't want to "racial profile" or rather.. BE ACCUSED of racial profiling.

EVIL is evil and we need to be vigilant.   And we need to be HONEST.  This killing was  inspired by RADICAL ISLAM EXTREMISTS.....don't let other's tell you differently.  And don't let leftist tell you it was CLIMATE CHANGE...

Wednesday, December 2, 2015

Nooksack Tribal Council Meeting: Anatomy of A Dictator, Bob Kelly Style

Nooksack Tribal Chair Bob Kelly
Interesting commentary on a recent Nooksack Tribal Meeting, re-posted from a Facebook Post.


I went to the Nooksack Tribal Council meeting and left feeling quite low---and morally clobbered.
Then I realized we did not lose at all. Truth and justice can not prevail in a lawless system. The open nature of the meeting was a deception, and Kelly arbitrarily decided who could speak, and on what terms.(his terms) The terms were not fair , and he applied different standards and procedures to different members.

The Chairmen opened the floor and asked for questions of the membership, and he then recognized Sat's right to speak. Kelly did not like what Saturnino was saying, and he declared the floor closed. He then told Sat he was being disruptive, and then he kicked him out.
One can not win when the rules our constantly being broken and changed mid stream. Chairmen Kelly used his position as meeting facilitator to silence any independent views ,under threat of police escorted expulsion.

Sat, I am proud of you. You stood and spoke your heart respectfully. The fact that he expelled you only proves his rule is based on banana republic thuggery.

Chairmen Kelly did not win, he cheated. He did not let us speak because his positions are not defensible in the light of day.Sat and I were nothing but respectful , and Kelly was rude and condescending to both of us.

Carmen you are awesome , and I love you. You stood and did what you thought was right and fought for the kids. You did not achieve the outcome you desired , but you shall always have the peoples respect for your hard work, dedication, and pursuit of justice.

To the people of Nooksack, we love you all. We pray that we shall all come together and meet at the table of brotherhood and unity. It is all of our hopes that we can come together and end this madness. To the people of Nooksack, I asked you all to say a prayer for all of us, because their can be no winners in this cultural genocide.

We say that the children are our future, if this is true than what kind of leadership skills are we teaching them. We should not be teaching them to hate, and to discriminate against family. If we do not teach them honesty and integrity then what kind of future leaders can we hope for?
I go away from this meeting a little dis-heartened, however, I am a believer in the goodness of the Nooksack people. Tomorrow will be a better day and I hope and pray that all Nooksack people will come and stand together as one people.

I am not hating on anyone. I love the council and everyone equally, but I just had to share my feelings in a good way.