Tribal Terrorists from San Pascual Sues CA for $200,000,000

The same tribe that abused its members and disenrolled over 80 people, now feels butt-hurt by our state of CA:

San Pascual Lawsuit

To the tune of $200,000,000

Read more on San Pascual at these links:

San Pascual Split

San Pascual Must Lose Right to Run Valley View

San Pascual Members DENIED their Civil Rights says BIA director who stood by while Pechanga violated its members civil rights

San Pascual Tribe MUST LOSE the right to Run Valley View

Tamra at NDN news links to the story of the San Pascual tribe that we've written on HERE HERE and HERE

An impasse that threatens the future of the San Pasqual Indian band's Valley View Casino continued yesterday despite efforts to bring warring factions together, the local head of the Bureau of Indian Affairs said.

The tribe's quarterly meeting drew about 200 members to a tent on the reservation in Valley Center, but competing sides couldn't resolve their differences, said James Fletcher, the bureau's Southern California superintendent. The meeting was the latest attempt to settle the issue of who represents the tribe's government, which consists of the tribe's adult members. A five-member executive committee has split, with each faction saying it is the legitimate government.

Fletcher recognizes neither one. “I asked them, one side or the other, to ask me to make a decision,” Fletcher said. He said he's still waiting for an answer.

Without a federally recognized tribal government, the tribe cannot operate businesses, including the casino, or receive federal grants, Fletcher said. OP: Then let's get it SHUT DOWN IMMEDIATELY, Mr. Fletcher. Shut the Casino down NOW until the tribe complies. San Pascual members, DO WHAT IS RIGHT and JUST. Keep the tribe together before the Federal government CELEBRATES having LESS Indians to deal with.

Sunlight: James Fletcher is a member of the Pechanga Band of Mission Indian, who have eliminated 25% of the tribe via illegal and unconstitutional disenrollments. His own tribe is guilty of doing what he is accusing San Pascual of doing.

San Pascual Disenrollment of Alto Family GOES BACK TO BIA which FAILED to PROTECT THEM

IN an earlier post, we linked to the 9th Circuit Decision on the ALTO CASE.

We have the sections below that are breaking new ground in disenrollment case law:

(1)  P. 2, fn. 2. The Ninth Circuit understands that membership disputes "have been proliferating in recent years, largely driven by the advent of Indian gaming."    The tide may be changing.

(2) The Ninth Circuit for the first time clearly states that the federal courts have jurisdiction to review BIA actions under the Administrative Procedures Act (APA). On P. 25, the Ninth Circuit wrote "That the substantive law to be applied in this case is tribal law does not affect our jurisdiction over an APA challenge to the BIA's decision."    This is a very important statement from the appellate court because Tribes have used the "tribal law" arguing an intra tribal dispute as a defense to get cases dismissed around the country when a disenrollment action occurs, even though it also involves BIA action or inaction.

(3)  P. 17, The Ninth Circuit discusses the BIA's fiduciary duty to protect the Alto's access to tribal rights and benefits and recognizes the importance of preserving the status quo by analogizing removal off the federal rolls as similar to immigration proceedings (See P. 35).       This is important because being  removed from the federal roll is similar to losing citizenship and all rights.

(4) P. 26-36, the Ninth Circuit clearly sets out the reasons the Tribe is not entitled to "sovereign immunity" in the Alto case.              Disenrollment cases around the country have been dismissed based on sovereign immunity grounds, so this is a big step in the right direction. 

READ MORE ABOUT SAN PASCUAL AT THESE LINKS

San Pascual Evictions
San Pascual II
Larry Echo Hawk Screws Alto Family

Larry Echo Hawk to Decide San Pascual Membership Dispute

Assistant Secretary of Indian Affairs, Larry Echo Hawk says he will decide on a membership dispute within the San Pasqual Band of Mission Indians of California.

In January 2009, the tribe blocked the descendants of the late Marcus R. Alto Sr. from participating in an election. About 60 to 80 people -- around a third of the tribal membership -- are affected. See the VIDEO HERE

In November 2009, the acting director for the Pacific Region of the Bureau of Indian Affairs said the tribe violated its own laws and declared the election invalid.

The tribal council that was elected in January 2009 filed an appeal and Echo Hawk said he will make a decision on the matter after receiving briefs from all of the parties involved. Until then, the BIA continues to recognize the tribal council that was elected in January 2007 as the valid San Pasqual government.

Do what is right, Mr. Echo Hawk. This tribal council is not doing what is right for the people of San Pascual.

San Pascual is but ONE tribe in CA that has disenrolled members. The Pechanga Band of Luiseno Indians, which hijacked the Temecula Band of Luiseno Indian's federal recognition, is well known for terminating Indians from their rightful place in the tribe. Since the advent of casino gaming Pechanga's disenrollment of 230 adults from the tribe is second only to the Picayune Rancheria in the termination of Native Americans in CA.

SAN PASCUAL Follows PECHANGA Lead: KICK Them to the CURB.

Selling out their tribal members for an additional $450 per month! Add San Pascual to the list of tribes that should be avoided.

In a move that sadly and despicably follow the digusting lead of the Pechanga Band, the San Pascual Tribe has OUSTED 17% of their tribal members, cutting off monthly per capita payments of $4,000.

Curiously, James Fletcher, BIA Superintendent in S. Cal and Pechanga Member, had this to say:

Because the bureau hasn't had a chance to rule on this latest move, the tribe can't cut off monthly checks, fire people or kick them out of their houses while asserting that they're not tribal members, Fletcher said.
“They're members until such time as the BIA changes its mind,” he said.
And that won't be easy, because the head of the agency ruled 13 years ago that the ancestor in question was a full-blooded Indian.
“It will take something substantial to change that,” Fletcher said.

Curious, because Fletcher did not stand up when member of his OWN tribe did the same thing to 25% of the tribe. Could it be because he stood to gain financially? The FEDERAL GOVERNMENT ruled that Paulina Hunter was Pechanga when they allotted her 20 acres on the reservation.

The Union Tribune has the full story here

UPDATE: Equally Curious, this made Pechanga.nets's QUOTE of the Day:

QUOTE OF THE DAY
"You grow up with that identity and then all of a sudden, when they say, 'No, you're not a part of us,' boy, that's harsh," Gamboa said."

Exactly what Rocha's cousin did to 25% of Pechanga Tribal Members.

Soboba and San Pascual Casinos Face Closure

.
SAN PASCUAL
In a move that could force the closure of Valley View Casino, the Bureau of Indian Affairs said yesterday the tribal government for the San Pasqual Indian band has collapsed in a rift over tribal membership.
“I am unable to recognize any tribal government for San Pasqual and strongly urge the members of the San Pasqual Band of Mission Indians to take immediate action to address this matter,” James Fletcher, the bureau's local superintendent, said in a letter.
“Only federally recognized tribal governments may operate governmental programs, businesses, conduct business or act on behalf of their membership,” he wrote.
In addition to its hillside casino in Valley Center, the tribe operates a quarry and provides government services including fire protection, housing and education.
The tribe last year expanded the casino and is planning to open a hotel.
But it has long struggled over who belongs in the tribe and the disagreement now has broken up a five-member committee the BIA considers the tribe's governing body.
Only legitimate governments can operate tribal casinos, say the BIA and the National Indian Gaming Commission, which oversees such gambling.
Story HERE

SOBOBA

Soboba Tribal Chairman Robert Salgado confirmed Friday that members of the National Indian Gaming Commission will visit to the casino near San Jacinto

Tribal members should NOT be displaying their weapons during this visit.

San Pascual Steals Per Capita From 50 Members

A BOYCOTT of San Pascual may be needed, along with Pechanga. Your MORAL OUTRAGE can be displayed by NOT patronizing casinos and businesses that treat their people like this.

A San Diego County Indian tribe could face fines or other sanctions for withholding casino profits from about 50 people whom they claim are not legitimate members.

Southern California's Bureau of Indian Affairs chief James Fletcher said Friday's action by the San Pasqual Band of Mission Indians could put it in violation of Indian gaming revenue sharing rules.

San Pasqual officials also fired several people from tribal jobs and leadership positions and said they would evict them from homes on tribal land. Fascists!

Officials said the people who face exclusion from the 300-member tribe are decedents of a man who was not a full-blooded Indian.
But some of the decedents say they are being targeted by tribe members who don't want to share profits from the tribe's Valley View casino.

San Pascual - Valley View Casino Seeks to Assure Investors

The NIGC is very busy these days trying to put out fires. Maybe they should have gotten involved sooner. It's easier to put out a spot fire, rather than a conflagration.

From the Union Trib article:

Valley View Casino operator seeks to calm investor worries
UNION-TRIBUNE
10:31 a.m. August 5, 2008
The head of the organization that runs the Valley View Casino said in a statement to investors Monday that the Valley Center gambling hall is not threatened by tribal politics.
“The San Pasqual Casino Development Group is 100 percent confident that the San Pasqual Band will resolve their internal differences amicably,” said Joe Navarro, the organization's CEO. “Valley View Casino will continue to thrive.”

OP: AMICABLY is a positive sounding word. That means that they will either accept the people they just unceremoniously kicked out of the tribe or they will give a settlement. Good news on both fronts. Coming to their senses over their impending loss is good for San Pascual. Some at Pechanga are talking reconciliation too.

On Friday, the local superintendent of the Bureau of Indian Affairs told tribal leaders that their government had collapsed over a membership rift and only tribal governments can operate businesses.
The National Indian Gaming Commission, which oversees tribal gambling operations across the country, is looking into the situation with the tribe

The casino development group is trying to restructure the debt it took on to buy out a prior management and expand the casino.

OP: The lenders would be FOOLISH to allow a business with so much internal strife, which could lead to the CLOSURE of the money-maker casino to restructure the loan. IN FACT, a lender could PUSH HARD to ensure that the tribe ENDS its troubles before they get any money or restructuring. That is exercising Moral Outrage to the good of all.

San Pasqual Tribe Could LOSE Casino if Agreement NOT Reached

Indians at war with their brothers. Sending their families into the streets. This is NOT what Californians expected when we voted for gaming. Tribes told us we would be helping ALL Indians. They LIED, we are now helping FEWER Indians than we were 5 years ago. Picayune eliminated 500 of their tribe, Pechanga 300 (plus keeping 400 OUT that belong), Redding eliminated a large family, NOW, San Pascual is trying to remove another 50.

HOW MANY DOES IT HAVE TO BE BEFORE IT'S WRONG?


Talks between warring factions of the San Pasqual Band of Mission Indians are at a stalemate, which has led to a crucial meeting this weekend between tribal leaders and federal officials at the North County reservation.

A dispute on whether 80 people belong in the tribe has split the tribe's governing council, putting the tribe's Valley View Casino at risk of closing its doors, a Bureau of Indian Affairs official said Thursday."The elected council needs to come together, not two on that side and three on that side, but as five members," said Jim Fletcher, the bureau's Southern California superintendent.

Fletcher is scheduled to meet with San Pasqual tribal leaders Sunday to discuss the ongoing dispute.It is the latest in a bitter feud among factions of the 300-member tribe that calls into question what it means to be American Indian and who gets to benefit from the spoils of casino wealth. San Pasqual Chairman Allen Lawson has declined to discuss the matter and did not return a call for comment Thursday.

In July, members of the tribe conducted two separate meetings on the disenrollment matter, each side claiming leadership of the tribe. One was at the reservation and the other in Escondido.The group that met at San Pasqual voted to accept a consultant's report that concluded the 80 people whose tribal affiliations are in question do not belong and should not be listed as members of San Pasqual.

Last year, Ron Mast, a member of the San Pasqual tribe, filed a challenge saying that the group does not belong in the tribe. He says the group is made up of descendants of Marcus R. Alto Sr., whom he contends was adopted by his aunt and uncle, Maria Duro Alto and Jose Alto, as a child, but was not their biological son."This is the meeting where it all gets decided," Mast said about Sunday's gathering.

About 50 tribal members lost their jobs at the casino and their share of casino revenues earlier this year after some members of the tribe voted to accept the report's findings. Tribal leaders said the casino payments are being held in special accounts until the membership dispute is resolved. Fletcher said that the tribe could not legally take away tribal member's benefits before the bureau has made a final ruling on the question of whether the group belongs in the tribe.

North County Times does a good job on the story as usual.

In July, Fletcher sent a letter to tribal officials saying his agency no longer recognizes a functioning tribal government because of the split and the tribe's apparent inability to convene a quorum of tribal leaders. So then, aren't ALL per capita payments ILLEGAL without a revenue sharing plan?

The letter stressed that federal law forbids tribes from operating businesses or programs in the absence of a functioning government. In August, Lawson asked Fletcher to arrange a meeting with a Justice Department mediator.

Those talks hit an impasse, Fletcher said Thursday. He declined to discuss the matter in detail, but he confirmed that the tribe could lose its right to operate the casino if an agreement is not reached."It's a possible outcome, yes," Fletcher said.

Inept Schwarzenegger and his Administration LOSE another round to Tribes.

Another loss for Arnold Schwarzenegger, who tried to bully the tribes and cheat them of their rightful slots. He may have learned bullying and cheating from tribes like Pechanga, that have done similar things to their own people. This time, the San Pascual Band, which has wrongfully terminated members of its tribe, outside of the ruling of the BIA, is the victor.


This time, as Onell Soto reports:

For the second time in a week, a North County Indian band has won litigation against the state over slot machines.

Federal Judge Larry Burns ruled late Monday that the state shortchanged tribes by issuing fewer licenses than it should have under a 1999 deal legalizing Las Vegas-style gambling on Indian reservations.

The judge ruled that the statewide cap under that deal should be 42,700, more than 10,000 more than the state initially issued. Each tribe that signed the 1999 compact was limited to a maximum of 2,000 slots.

The ruling came in a lawsuit by the San Pasqual Indian band, which owns the Valley View Casino in Valley Center.

San Pascual is but ONE tribe in CA that has disenrolled members. The Pechanga Band of Luiseno Indians, which hijacked the Temecula Band of Luiseno Indian's federal recognition, is well known for terminating Indians from their rightful place in the tribe. Since the advent of casino gaming Pechanga's disenrollment of 230 adults from the tribe is second only to the Picayune Rancheria in the termination of Native Americans in CA.

San Pascual Membership fight to Mediation

Maybe it's time for the Casino to be shut down. With a government that's cheating it's people, whom the BIA determined were San Pascual decades ago, maybe they should have a casino. Is the loss of an income producer an incentive to keep the peace? Is greed at the heart of the matter like it was at Pechanga?

A dispute over membership in the San Pasqual Indian band is threatening its government and its operation of the Valley View Casino, which has created hundreds of jobs and earned millions in revenues.
The disagreement has split the tribe into two camps, which the Bureau of Indian Affairs is working to reconcile.
The sides met yesterday with James Fletcher, the BIA's Southern California superintendent, and agreed to mediation, he said.
Without a resolution, Fletcher said he's at a crossroads. Each side is asking him to recognize it as the true tribal government.
Fletcher said he has three options: recognize one group, the other, or neither. If he chooses neither group, then there is no tribal government. And without a government, the tribe can't run a casino, Fletcher said.

Funny how Fletcher takes an interest in this case, but when his own tribe's (Pechanga) council violated their constitution, he did nothing.

Link to story: Here

Welcome New Readers and Thanks to KCBS 2 for Bringing Tribal Abuse of Their Citizens to Light

Greetings to all viewers of tonight's KCBS 2 Los Angeles  story of tribal disenrollments presented by Cristy Fajardo.

The story primarily concerns Pechanga Band of Luiseno Indians and Pala because they are local, but the story is similar throughout California and other states.

Now as a casino customer, should you be concerned?  YES.  Simply put, if casino tribes will CHEAT their own people, can they be trusted NOT to cheat YOU?

For those of you who came here to learn about what's been happening, I've put together some links to articles and websites we've published the past five years. It not complete,but will give you a picture of what has happened.  Please, come back often, share this site with your family and friends and with social media.

First, let's get the "but they are a sovereign nation" meme out of the way.  SO WAS SOUTH AFRICA. They had the right to practice apartheid, just as the US had the right to NOT invest in South Africa, leading the way towards nudging them (moral persuasion) in the proper direction.  Some of what is going on is nothing short of TRIBAL TERRORISM  and tribes are using sovereignty as a club to beat the weak and helpless.


So read on, and click on the links to learn more of the stories.

PECHANGA:

Mark Macarro declined to be interviewed for this piece. We believe it's because he was afraid of some questions about an FBI investigation into corruption and their former chairwoman. Pechanga has stripped the citizenship from 25% of the tribe, the Apis/Manuela Mirandadescendenta and the Paulina Hunter family and is keeping out 100 more in an unconstitional moratorium…. Pechanga took the word of a child molester over their hired expert, using hearsay to overrule documented evidence. And check out how Pechanga's council violate their OWN Constitution

Pala:

The Pala Tribe, as you heard tonight just recently terminated 162 members and led to a federal lawsuit The BIA recommended reinstatement but it looks like that isn't going to happen.

Picayune Rancheria of Chukchansi Indians

If you thought the first two tribes were bad, they are pikers compared to Picayune Rancheria of Chukchansi Indians. They have eliminated 70% of their tribe. They have a Tribal Council Dispute, the BIA is pathetic here, saying they can't intervene The story at Picayune Rancheria got so bad even the New York Times noticed. The Times was 10 years late to the disenrollment issue.

Award winning reporter Carmen George of the Sierra Star News has the storyon tribal elections. Fresno Bee reporter Marc Benjamin has more: on their tribal council dispute    And get this, Chukchansi gave a million to Fresno State to preserve their language, yet disenrolled their Chukchansi Language Speaker RUBY CORDERO!

Snoqualmie

This Washington state tribe has had a lot of problems we detailed them Snoqualmie allowed by Worthless BIA... The tribal members sued, but the tribe refuses to abide by court order.

San Pasqual

A curious case at San Pascual. Former Secretary of Indian Affairs Larry Echo Hawk overruled his own regional directors who had ruled the Alito family belonged in the tribe. The Alito family sued and San Pascual and Larry Echohawk do not come off well

Redding Rancheria
This is the saddest case. The Redding Rancheriaterminated the family of their first chairman, Robert Foreman They forced his family to dig up their ancestor to prove their lineage via DNA. It came back at 99.8% positive, but the new council laughed it off. This is the man who brought Indian Health Care to Norther California. The Tribe should have a STATUE of him in front of their government center, instead, they eliminated the family.

Cherokee Freedmen
The Freedmen draw the most attention thanks to it's racist component. The Freedmen were slave descendent. When you heard about the "trail of tears" did you hear the portion about the Cherokee dragging their slaves along with them?

Read more on these tribes:

Jamul

Oneida Nation

Enterprise Rancheria

Robinson Rancheria

United Auburn Indian Community

We need enforcement of the Indian Civil Rights Act

Read how the Native American Caucus of the Democratic Party was against civil rights.

Read how the TRIBAL ALLIANCE OF SOVEREIGN INDIAN NATIONS treat each other's sovereignty

How to express your moral outrage? Call Pechanga at (951-770-6000) and Pala at (760-891-3500) to express your disapproval, let them know you are NOT coming back.


OUR COMMENTS ARE OPEN, join in the discussion.

San Diego Sheriff's Try to Weasel Out of Responsibility in Keeping San Pasqual Voters From Exercising Their Voting Rights

Yes, I guess that ISN'T a SD Sheriff's deputy standing shoulder to shoulder with the oppressors from San Pascual?


When members of the Alto family showed up to vote on the San Pasqual Indian reservation on Sunday, they were met by tribal security guards and San Diego County Sheriff’s deputies who prevented them from entering the building where the election was taking place.

That was an apparent violation of their civil rights, according to a federal official.

But a spokesman for the sheriff's department said Tuesday that the deputies were not the ones who decided to keep the tribal members from voting; the tribal government did.

"The standing, elected government of that tribe decides," said Sgt. Bob Bishop, with the Valley Center substation. "They decide who is going to be allowed into the meeting, we don't."

The tribe is embroiled in a long-standing dispute over whether members of the Alto family belong in the tribe.

The federal government issued a tentative ruling in November siding with the family. But some members of the tribal government, including Chairman Allen Lawson, and members of the San Pasqual enrollment committee say the Alto family members, about 59 of them, are not official San Pasqual Indians. Really? The BIA says they are.

Larry Echohawk Complies with Judges Order to Reinstate San Pascual Disenrolled, But Places Their Per Capita in Escrow

Larry Echohawk apparently is able to screw those San Pascual members, under guise of following the IGRA (Indian Gaming Regulatory Act) saying in his 3 page order that paying per capita, while their fate is still uncertain is a violation of the IGRA.

Larry Echohawks Order can be read here

They are all still tribal members except they won't get paid. Nice Larry.

Larry Echo Hawk Does Not Come Off Well In San Pascual Court Decision

It seems like Assistant Secretary of the Interior Larry Echo Hawk, was an unfair arbiter in his decision against the Alto family:

.. the Tribe submitted multiple documents including a 56-page interpretive report and a separate 19 page supplemental memorandum of points and authorities. In a letter to Defendent Hawk, Plaintiffs contended that the Tribes's submittal exceeded the scope of Hawk's request and asked for an opportunity to respond. According to the Plaintiffs, they never received a response to their letter

Isn't that terrific? The Alto family gets NO CHANCE to see the evidence or respond before Larry Echo Hawk makes his decision? What was driving Mr. Echo Hawk? A swift reduction in Native Americans?

And the San Pascual tribe worked for six month to get their tribal membership roll together so they could submit it to BIA..thus far, they haven't got it done.

MONEY QUOTE from the Decision: Hawk acknowledges that Marcus Alto Sr. is listed as living with Jose Alto and Maria Duro on the 1920 federal census, but attributes it to Marcus Alto Sr.'s adoption Early in his order, however, Hawk expressly determined that it was undisputed that Marcus Alto Sr. was raised by Jose Alto and Maria Duro "since infancy" Accordingly, Plaintiffs have demonstrated that there are at least serious questions as to the propriety of Hawk's reliance on the 1907-13 censuses.

We have a link to the decision in an earlier post. Larry Echo Hawk does not look good here. And the judge obviously thinks the Plaintiffs have a good chance at winning.

Candlelight Vigil at Pechanga Casino a Success

On a brisk Saturday evening at the Pechanga Resort and Casino, over 125 people demonstrated by candlelight, peacefully for equality and justice in Indian Country.

Many tribes were represented, including the Creek Freedmen, San Pascual, Picayune Rancheria, Santa Rosa. The Pechanga peope who are caught up in Pechanga's illegal/unconstitutional moratorium as well as those who were disenrolled we also there.

A French documentarian was interviewing demonstrators for an film expected to be released in April.

Full details, will follow. CLICK on images to enlarge. You will also notice I made a correction on the photo at right. I mistakenly label Mr. Allen Mitchell of the Creek Freedmen as Allen Lawson, the dastardly person from San Pascual. My apologies Allen

BIA's Larry Echohawk, After Destroying Lives at San Pascual, RESIGNS.

Screw the Alito Family, then resign. Good to see you GO, Mr. Echo Hawk. You have left a legacy of destruction of Indians, congratulations.

The top official for the U.S. Bureau of Indian Affairs is resigning to accept a full-time leadership position with The Church of Jesus Christ of Latter-day Saints, ending three years with the department that Interior Secretary Ken Salazar says "opened a new chapter" in U.S. relationships with American Indian tribes.

Larry Echo Hawk, the assistant secretary of the Interior for Indian Affairs, is being appointed to the Quorum of the Seventy, which is the Mormon Church's third-highest governing body. The announcement from the church came Saturday during its semi-annual general conference in Salt Lake City.

President Barack Obama appointed Echo Hawk, 63, to oversee the BIA in 2009.

"With Larry Echo Hawk's leadership, we have opened a new chapter in our nation to nation relationships with American Indian and Alaska Native tribal governments, accelerated the restoration of tribal homelands, improved safety in tribal communities, resolved century-old water disputes, invested in education, and reached many more milestones that are helping Indian nations pursue the future of their choosing," Salazar said in a statement.

During Echo Hawk's tenure, the Interior Department settled a $3.4 billion class-action lawsuit with Native American landowners over mismanaged royalties. The settlement reached in late 2009 is under appeal.

Salazar said he would work with Echo Hawk to ensure a smooth transition within the BIA. It was not clear who would be appointed to oversee the BIA after Echo Hawk's departure.

Echo Hawk, a member of the Pawnee Nation, was elected Idaho attorney general in 1990, the first Native American to be elected to the position in any state. He ran unsuccessfully in 1994 for Idaho governor as a Democrat.

Related Links:

http://www.originalpechanga.com/2011/01/dept-of-interiors-larry-echo-hawk-rules.html

http://www.originalpechanga.com/2010/03/larry-echo-hawk-to-decide-san-pascual.html

http://www.originalpechanga.com/2009/04/mormon-to-head-bureau-of-indian-affairs.html

9th Circuit Rules in favor of ALTO Family in San Pascual Disenrollment. ECHOHAWK decision smacked down...

I need help reading legalese, but it appears that the 9th circuit has ruled in favor of the Alto family vs. the corrupt San Pascual Tribe:

Finally, because the court’s review of the Disenrollment

Order is limited to the administrative record before the BIA,

see Fence Creek Cattle Co. v. U.S. Forest Serv., 602 F.3d

1125, 1131 (9th Cir. 2010), the Tribe could not offer new

evidence in the judicial proceedings that would materially

affect the outcome of claims one through three.

The Band also points to a dispute over the interpretation

of tribal law as evidence that the United States cannot

adequately represent its interests. Specifically, the Tribe

maintains that the Disenrollment Order took immediate effect

upon issuance, whereas the district court concluded (and the

BIA initially argued) that the Altos would retain their

membership status until the Secretary of the Department of

Interior approves a revised membership roll for the Band, on

which the Altos’ names do not appear.10 But the ability of the

district court to afford complete relief on the Altos’ first three

claims does not turn on the resolution of this dispute.

If the Disenrollment Order is invalidated and the case

remanded to the agency, then the effective date of the order

will be of no consequence: the Altos would have remained

members of the Tribe throughout the pendency of this

dispute, and would be entitled to any attendant benefits as

provided in the tribe’s governing documents and applicable

federal law. If, on the other hand, the Disenrollment Order is

upheld, then questions concerning the date of the Altos’

disenrollment can be addressed by the appropriate body or

bodies, whether that be the Band alone or the Band with an

appeal to the BIA.

I am waiting for some clarification... STAY TUNED...and SHARE.  

The full decision is HERE   Alto 9th Circuit

Protest Planned at Pechanga's Tribal Leader's Conference, to Highlight Civil Rights Abuses and Indian Terminations

UPDATE:   The main gathering time has been changed to 4 p.m. to accomodate out of state supporters.  This will also fit into local news stations.   There will be a contingent there in the morning, so if that works better for your schedule, please join in.  Bring a friend or two, or three.   This is NOT a Native only issue. 

The Tosobol Clan, who are caught up in the illegal moratorium of the Pechanga Band of Luiseno Indians is planning a protest at the Pechanga Resort and Casino, the site of this years Tribal Leader's Conference.   Pechanga is well known as a civil rights abuser and a tribe that practices apartheid on their reservation.  There have been numerous protests at the Pechanga Reservation.

There will be protesters at the beginning of the conference, which is scheduled for June 2 at 8:00 a.m.   Representatives for the three clans, Tosobol, Apish and Hunters will be in attendance.   They ask that all who believe in civil rights and basic human rights join them in a peaceful protest.   Larry Echohawk, who ruled in favor of ousting members of the San Pascual Band is scheduled to be a speaker and we hope he will speak out of the violations of civil and human rights by tribal councils.  Speaking real truth to power is needed here.  We are asking Senator Daniel Akaka to hold hearings on the abuses in Indian Country.

We wrote is a previous post:

Tribal governments find themselves in an unstable political environment because many have chosen not to uphold either their own constitutions, nor the will of their people. Disenrollments, moratoriums and banishments have become the way. Leaders lie to Congress to gain land. They try to steal water from reservation allottees, so that casinos will benefit, while the land lies barren, in a plan so egregious, the the BIA has to stand up for allottees at the expense of tribal leaders.



Tribal governments face issues and challenges because some tribes, such as: Pechanga, Picayune, Redding, Enterprise, Snoqualmie, Mooretown, San Pascual and the CHEROKEE cause politicians to have to think twice about what they are getting into business with some tribes. If tribes like those above can cheat, defraud, and steal from their own people, can they be considered trustworthy?

Please come by to show support for tribal people across the nation that have suffered at the hands of corrupt tribal governments.  The total stolen from CA tribal people is nearly a HALF BILLION DOLLARS in just a few short years.

Is VIOLENCE the ONLY Way to Get the BIA involved in Tribal Disputes?

It’s disconcerting to look to the Bureau of Indian Affairs for help in tribal disputes, including disenrollments..  Many times, we hear them say “we can’t help” or “it’s an internal matter”.   We saw this to be the case in the recent upheaval that the Chukchansi Resort and Casino.

Take a look at the progression of quotes from Troy Burdick, the BIA’s Central California Superintendant:

2/26/21012

The Chukchansi tribal government was formed under rules that, Burdick says, keep federal authorities from stepping in -- even though the BIA has intervened twice in Chukchansi election issues since 1992.

OP:  Mr. Burdick blames ‘the rules’.   

Read Story Here

2/27/2012

Reached Monday evening, Troy Burdick, the BIA's Central California Agency superintendent in Sacramento, said, "I'm sure there is something we can do to resolve this. We are going to try to do what we can. I don't want to say anything to make it any worse."

OP:  Apparently the rules had changed in ONE day from not being able to step in to.. “I’m sure there’s something we can do.

Read Story for BIA quote here

So the question is WHAT changed?   Was it the violence?   Is the BIA saying that they will step in when there is violence involved?    Is that NOW a course of action at San Pascual and Pala?

RELATED STORIES

Read this editorial in the Fresno Bee
More on San Pascual
Read this NCTIMES story on Pala