Sunday, October 26, 2008

Is Pechanga's Violation of the ICRA What you thought Self Reliance and Tribal Sovereignty Was About?

When Pechanga Spokesman Mark Macarro stood before you asking for help passing Prop. 1A and Prop. 5 he told you that there would be limited gambling and that money would be used to help lift the tribe out of poverty. He has violated the spirit of the Indian Civil Rights Act and has made many tribes in Indian Country look bad. 

  FACT: Under Macarro's leadership, the Temecula Band of Mission Indians have disenrolled 25% of their people. Did he tell us that he was going to eliminate so many Indians from the Tribe? 

FACT: Pechanga has violated the civil rights of its members by terminating membership before elections, eliminating large voting blocs and controlling the votes. And we thought Florida had voter fraud? 

  FACT: Pechanga is keeping at least 400 RIGHTFUL Pechanga people from membership via an unlawful moratorium (against the Pechanga Constitution and Bylaws), when the constitution calls for open enrollment. 

FACT: Mark Macarro did NOT grow up on the Pechanga Reservation, but went to Colton High School. His father went to San Bernardino High. He’s a city-slicker who’s fooled so many. 

FACT: Pechanga hired an expert to determine the heritage of the Hunter family. That expert, the foremost authority on California Indians, Dr. John Johnson, determined that Paulina Hunter was indeed Pechanga, more so than any other family. The Macarro-led tribe still took away the family's heritage. Lawrence Madariaga, Hunter family elder, has lived on the reservation for 60 years, which is 60 MORE years than Macarro or his father. 

FACT: Pechanga tried to keep Californians from VOTING on the February propositions, interfering in the state's business. Using tribal gaming money to try to DENY Californians’ their lawful rights. And you thought there was voter fraud in Florida? 

FACT: PECHANGA lobbied successfully to keep the Quechan tribe from getting a casino, yet whine that other tribes try to keep Pechanga from getting richer at their expense. 

FACT: Pechanga disenrolling it's members is NOT like losing a country club membership or getting booted from the PTA. It causes real pain and anguish as related HERE. It also puts the BURDEN of their health care and education BACK on the people of California. 

FACT: YOU can sign a petition showing your displeasure with Pechanga's corrupt activities HERE

FACT: $50,000 to the high schools should NOT wash away the $180,000,000 the tribe has taken away from the disenrolled people. A donation to the YMCA or Boys Club should not hide the fact that Pechanga has acted unconstitutionally in denying enrollment with their moratorium (Against the Pechanga Band's Constitution and Bylaws) 

FACT: Pechanga used the word of a child molestor in PRISON, versus the certified documents of the Hunter family. Megans Law has a few Pechanga people on it, so they kept their molestors but terminated peaceful people. 

FACT: Pechanga did not allow those they disenrolled to have attorney's present. Nor to have writing implements to take notes. They had armed guards to watch over the disenrollees after their pat down search. The Enrollment committee would not answer questions as to what evidence was needed, as required by law. 

FACT: During one appeals hearing, those same guards were CRYING after hearing the message, hugging the appellants as they left the hearing, whose outcome was pre-determined. If Pechanga violates it’s OWN LAWS with impugnity, wouldn’t it follow that they would violate state law too? You DO know you lose many of your rights when you visit the Pechanga Casino. 

Ask your Congressman if this is what they thought Self Reliance and Tribal Sovereignty was all about. You can exercise your outrage at Pechanga by avoiding their business and saving your money.


Anonymous said...

The present leadership of Pechanga has shown they are willing to sacrifice moral, civil, heredity, or personal dignity for power and money. They have lied to National, State, City officials and citizens without regard to its destruction or consequences. How can this be expected to continue without demise? As long as the tribe does not repent, turn from their evil ways, and return to embrace the righteous ways expected by their Fathers, they will slowly burn from within; smoldering with the stench of death.

Anonymous said...

The Pechanga leaders have spat upon their elders including Antonio Ashman. They claim him as a vaunted leader, yet did not take his word about Paulina Hunter, whom HE KNEW as a Pechanga person.

Instead, they believed the LIES of Vincent Ibanez (see Megan's Law website for his character)

Incredible. And as such, you have corruption of a magnatude far outweighing the San Diego Council.

Anonymous said...

What did the Pechanga Tribe have against the Quechan Tribe? They certainly weren't any competition to them.

Don't they want other tribes to succeed?

Anonymous said...

As I have said in other threads, the case was never really presented against us, the disenrolled.

Item number five of the Pechanga disenrollment procedures states that at the initial meeting with the enrollment committee that "the enrollment committee shall show specfic evidence that the documentation for enrollment does not provide lineal descent for the individual."


All we were given was hearsay statements, without any back up for their conclusions, by members of a tribal faction known as the Concerned Pechanga People (CPP), by the way most of whom were related to the members of the enrollment committee who were the deciding votes against us.

But every piece of evidence we turned in to support our claim of being true Pechanga people, including census records, probate records, notarized depositions from Pechanga elders not from the CPP faction of the tribe who said they have always recognized us as being Pechanga people, as well as the report commissioned by the enrollment committee itself to research our family in which Dr. John Johnson said according to surviving historical documents we are Pechanga, was ignored by the committee in their decision.

Even in the Record of Decision against us the enrollment committee's reasoning for kicking us out of the tribe was vague so again, the case against us was never really presented to us.

Every piece of "so called evidence" against us can be refuted by the very strong evidence in our support that we turned in (by reasonable, unbiased people anyway).

But as I have said in other threads, relatives of ours made allegations to the tribal council of wrong doing by members of the enrollment committee as well as questioning the membership credentials of those enrollment committee members, again all members of the CPP faction of the tribe, who then were allowed to vote on the fate of my family.

To this day, I still don't know if the allegations of wrong doing, including not processing enrollment applications from certain families, were ever followed up by the tribal council.

But regardless of whether they were true or not, those enrollment committee members should have never been allowed to vote on our disenrollment case, a clear violation of Pechanga's own constitution that states, "elected officials of the Pechanga band shall uphold an individual member's rights without malice or predjiduce."

But probably the most absurd (among many injustices) injustice that occured in the disenrollment of the Hunter family was the fact that in July 2005 the tribal general membership, the final governing authoriity of the Pechanga tribe, voted to end disenrollment as a part of Pechanga law, that as of that date, anyone who was a tribal member would remain a tribal member.

But the Hunter family were disenrolled in March of 2006 anyway.

Pechanga doesn't even follow their own laws but because of sovereignty who can make them?


Anonymous said...

What would Pechanga have against other gaming tribes and why would they oppose them having their own casinos?

If a tribe was seen by Pechanga as giving the state too much as far as concessions to the state in that other tribe's compact, Pechanga would be a "thorn in the side" of the other tribe's gaming aspirations.

Anonymous said...

Add on to my last post: Pechanga would see the more new restrictive compact of the newer gaming tribe as meaning that the state would pressure Pechanga to amend their compact with the state to the more restrictive conditions.

Anonymous said...

The head of Pechanga, Mark Macarro is worse than George W. Bush is trying to get around the constitutional laws the people put together.

His solution: Less People

This isn't what sovereignty should be about.