Happy New Year II

2009 will be a critical year for many in Indian Country. It's looking like there will be some Congressional Hearings on the violations of civil rights by tribes on their people. Thanks to the involvement of Barney Frank and Rep. Diane Watson and the CBC.

Expect many tribes to have to shell out more money to politicians because some of these tribes who are harming their members will erode tribal sovereignty. Those actions will cause a reduction in their customer base as word gets out on blogs like this one, and other websites.

AIRRO is gaining strength and traction, news of the passing of Bob Foreman Sr and his effect on his tribe, yet he was trashed by the current Redding Rancheria leadership.

Contrast and Compare what Mr. Foreman did for Indians vs. what the Redding Rancheria Tribal Leaders have done since they came into power. Who was the more EFFECTIVE leader? Tracey Edwards, or Mr. Foreman?

Pechanga has spent so much money defending their positions... that it's NO BUSINESS of the WHITE MAN what the tribe does (yet they have a WHITE MAN on their tribal council) San Pascual getting their asses handed to them by the BIA won't help tribal sovereignty. Now, Robinson wants to follow their lead, how embarrassing for them.

Advice: TRY the HOOPA VALLEY route, they've ADDED more to their tribe.
More Advice: Don't follow the Pechanga/Mark Macarro route, they had to spend $50 MILLION more to support their proposition, because WE effectively showed how shallow, callous and without honor the council is.

Best Advice: DO THE RIGHT thing, all tribes to bring the people home where they belong, add MORE people to the tribe, HELP those who deserve, need and should rightfully share in the bounty. Backstabbing may be effective in the short term, but as Pechanga can attest, it's an expensive route. Can you IMAGINE the FREE POSITIVE PUBLICITY that would be generated simply by having the press report that these tribes have reversed their positions and are doing what's best for its people?

HAPPY NEW YEAR to all our readers, new and old. PLEASE help us in our struggle by sending our blog out to all your friends.

Suspicious Death of Quechan Casino Opponent

The suspicious death of a young tribal singer has his family, friends and an influential Native American activist determined to see that authorities conduct a thorough investigation into the matter. The body of Lewis Jefferson, 21, was found on railroad tracks at the edge of the Ocean-to-Ocean Bridge on Nov. 26. At the time, Jefferson was running for a seat on the tribal council, and the election was held just days after his death.

Jefferson, like other elders in his family, opposed the construction of casinos on sacred sites. With the Quechan currently building a new casino, the issue is a controversial one among the tribe, Arrow-Weed said.No stranger to conflict, activist Banks said he called the attorney general's office about Jefferson's death, but he was referred back to local authorities. Banks said when Native Americans get killed, not much tends to happen beyond the preliminary investigation."They look upon us as a nonexistent population. (The American Indian Movement is) going to monitor this very closely."

YUMA SUNhas the rest of the story

Cherokees Donate $50,000 to Barack Obama's Inauguration. Council UNINFORMED of the Donation

It LOOKS like the Cherokee Nation is trying to curry favor from the new President. Could it be a ploy to get special consideration in their case against their Cherokee Freedmen brothers and sisters? The issue will be brought up before the new Congress.

The Cherokee Nation has made the maximum donation allowed to President-elect Barack Obama's inauguration committee. Spokesman Mike Miller says the tribe hopes the $50,000 donation sends a message to Obama's administration that the tribe wants to be involved with any possible policy development. OP: Yeah, buying involvement....

The Cherokees were the only entity in Oklahoma to make the maximum donation. The next largest donation from the state was a $25,000 gift from Oklahoma Democratic Party finance chief Reggie Whitten of Edmond. No one else in the state donated more than $500 to the inauguration. Miller says such donations are determined by Chief Chad Smith and the tribal council.

CURIOUS UPDATE: The Council DID NOT Authorize it?

A $50,000 donation made by the business arm of the Cherokee Nation to the inauguration fund of President-elect Barack Obama did not receive authorization by the tribe’s council and many council members were unaware of the donation until seeing news accounts of it or after receiving phone calls from constituents, the TULSA WORLD has learned.

Fifteen Years AFTER Pechanga Announces Casino Opening, Look what's happened.

1993 - Nov. 24: Pechanga announces plan to open Casino. 96 years after the death of Paulina Hunter and 14 years after open enrollment of 1979. There were NO plans for casino in 1979, and Hunter descendents have some of the lowest enrollment numbers. 1995 - Dec. 31: Pechanga per capita checks total $1,075 for the year. 1996 - Pechanga per capita checks rise to $3,360 yearly. 1997 - Pechanga per capita checks soar to $20, 204 a six-fold increase. Pechanga establishes a moratorium, keeping rightful members from joining the tribe. Pechanga announces it's to allow the enrollment committee to "catch up" on applications. 11 years later, the moratorium is still in place. 2000 - Pechanga per capita checks total $47,744 for the year. Former Pechanga Spokesman imprisoned for child molestation. Pechanga later uses his hearsay testimony over scientific research. 2001: Enrollment committee sends notice to general membership that there are no plans to disenroll anyone, that the rumor of plans to disenroll hundreds of tribal members is just that, a rumor. 2003 - Pechanga checks now total: $187,302. CPP (Splinter group calling themselves Conderned Pechanga People) pushes for disenrollment of the Manuela Miranda family. They claim it’s NOT ABOUT THE MONEY. Read about Pechanga’s Paper Trail of Tears. Chairman Mark Macarro tells Press Enterprise: "What goes on internally at Pechanga is of no business to the white man, enrollment included" 2004 - Pechanga per capita checks rise from $15,000 to 17,662 per MONTH after Manuela Miranda family is ejected from the tribe. Over 800 adults get an additional $2600 per month. Tribal Chairman Macarro says it’s NOT ABOUT THE MONEY. Enrollment committee receives the report they commissioned from Dr. John Johnson, whom THEY hired to research the background of Paulina Hunter. He states that Paulina Hunter was born Pechanga to Mateo Quisicac, who has Pechanga referenced in his census record. The ONLY one on record. 2005 - Pechanga per capita totals $238,000 for the year, elders receive a larger stipend. There are 25 elders in the Hunter clan, CPP pushes for disenrollment of the only Pechanga ancestor who has Pechanga listed in her lineage in the 19th Century. It’s not about the money? Tribal general membership meets in one of there largest gatherings todate and overwhelmining votes to STOP all disenrollments and remove the disenrollment process from tribal law by a HUGE margin.. 2006 – Council decides to to cancel all tribal general membership meetings for several months, not the usual custom and gathering in secret behind closed doors decides to overturn the vote of the general membership and continue with the disenrollment process. March 20, Hunter family receives notice of disenrollments 2006 - April, Dr John Johnson sends enrollment committee letter reiterating his findings that Paulina Hunter was an Original Pechanga Person. More to come

Cesar Caballero FIGHTS for his Recognition. NARF won't help, CILS won't help. ACLU won't Help

Cesar has been fighting a long time and he's a friend to all those who have been disenrolled. Has NARF called to help? Will CILS help? In a word: NO. HAIL CESAR! PLACERVILLE, CA - Cesar Caballero traces his native American ancestry back more than a century to the Miwok tribe in El Dorado County. But his claim to the name put him squarely in the sights of the tribe that just opened the Red Hawk casino in Shingle Springs. With millions of dollars at stake, the name of the tribe has become a valuable trademark. Caballero, 38, said he has tried unsucessfully for several years to gain recognition from the Shingle Springs band of Miwok Indians. The long-simmering dispute between Caballero and Shingle Springs tribal leaders boiled over when Caballero filed official papers with the El Dorado County recorder identifying himself as the tribal historian of the Shingle Springs band. The Shingle Springs band filed suit in Sacramento federal court last week accusing Caballero of trademark infringement and seeking an injunction barring him from using the name. In a written statement to News10, an attorney representing the band did not dispute Caballero's claim of Miwok ancestry, but said he has no ancestral link to the Shingle Springs rancheria. "Whether or not Mr. Caballero is Miwok is irrelevant to the issue," wrote attorney Paula Yost. "Indeed there may well be Miwoks in California who are not members of the Shingle Springs Band of Miwok Indians, a fact owed as much to the disastrous historical mistreatment and dispersion of California Indians by settlers and the United States government than anything else." Uh, NO, MS. LAWYER, it has to do with TRIBES refusing to take in rightful members. The SETTLERS had NOTHING TO DO with this. Caballero said he speaks for as many as 400 Miwoks in El Dorado County who have been left behind by the new prosperity facing the Shingle Springs band. He said he's seeking legal help to defend against the lawsuit. Hey NARF (Native American Rights Fund) HOW ABOUT fighting for the rights of some Native Americans that ARE NOT your big donors. Stand up and speak TRUTH to Power, you cowards. Here is part of NARF's description of their organization:

Founded in 1970, the Native American Rights Fund (NARF) is the oldest and largest nonprofit law firm dedicated to asserting and defending the rights of Indian tribes, organizations and individuals nationwide.

Hey CILS (California Indian Legal Services) HOW ABOUT PROVIDING some LEGAL SERVICES to a man and group that are being mistreated.

How Did Pechanga Act Against Their Own Constitution?

I get that question asked a lot.

In the Pechanga Tribal Council's Memo to the General Membership Re: the Petition Dated June 19, 2005,

The memo to the tribal members cites the Constitution as providing the Council with the "duty to uphold the Constitution, Bylaws and ordinances", but the memo failed to quote the Constitution and Bylaws, Article III which states: "The simple majority (of the general membership)...shall rule and decide in all matters of government and business of the Band." It's clear that Article III recognizes the General Membership's ultimate authority to make decisions regarding all government matters- including enrollment and disenrollment issues. The General Membership's authority and powers trumps those of the Enrollment Committee and the Council in all matters.

The Enrollment Committee was NEVER granted ultimate authority to trump actions of the General Membership regarding enrollment and disenrollment. By custom and tradition, the Enrollment Committee has always taken its directives from the General Membership, and the General Membership has always enjoyed and exercised its authority as the ultimate decision maker on such matters . \

Here are several major issues that illustrate this point:

A. The General Membership approved 2 Enrollment Applications (the first in 1979 and the 2nd in 1996). Although the Enrollment Committees drafted each, changes were made by the General Membership and the ultimate approval of each was via votes of the General Membership. The Enrollment Committee did not then nor do they now have sole discretion or authority in enrollment and disenrollment issues.

B. The General Membership, not the Enrollment Committee, adopted the Murphys into the tribe. In fact, the Enrollment Committee recognized that it did not have the authority to "adopt" the Murphys as members. Therefore, the issue was presented to the General Mempership which was and is the ultimate decider on enrollment and disenrollment issues.

C. The moritoriums on processing enrollment applications were approved by the General Membership. The processing of enrollment applications is the basic duty of the Enrollment Committee. Even though this is so, the Enrollment Committee could not institute a moritorium on its own. The moritoriums had to be discussed, voted on and passed by the ultimate decision-maker in enrollment and disenrollment issues- the General Membership.
Staying with the moritorium issue for a bit, if you apply the reasoning expressed by the Tribal Council in the March 14, 2006 letter, the moritoriums would be in conflict with the Constitution's membership requirements (just as they claim portions of the Petition dated June 19, 2005 are), were/are illegal, and should be subject to the same fate as those provisions of the Petiton, i.e. the moritorium should be lifted.

D. The General Membership, not the Enrollment Committee, voted on and enacted the Disenrollment Procedures contrary to the position stated in the Tribal Council's memo, the examples provided above clearly illustrate that the Enrollment Committee does not enjoy ultimate decision making authority or sole discretion in issues concerning enrollment or disenrollment. The Enrollment Committee's authority is clearly derived from the General Membership and the Enrollment Committee exists and serves at the pleasure of the General Membership. The General Membership can, through the authority cited in Article III, and in accordance with custom and tradition, take actions to interrupt, halt, or even disband the Enrollment Committee.

Finally, IF the Tribal Council's action was such a righteous one and was indeed intended to protect the integrity of the Constitution, why did they wait 4 1/2 months to notify the General Membership? Shouldn't they have made the decision right away? Does the Tribal Council IN FACT have the ability to overrule the will of the people?

Comments please

AIRRO to discuss Civil Rights and the New Barack Obama Administration

AIRRO is working on the rights of the individual Indian. These rights are those that the Interior Department, the Bureau of Indian Affairs, the ACLU and NARF ignore. Please consider joining AIRRO.

American Indian Rights and Resources Organization

Membership Meeting

Willits, CA

January 24, 2009

10:00 a.m. to 1:00 p.m.

AGENDA

1. Opening Prayer
2. Welcome
3. Keynote Presentation: Disenrollment in California Congressional District 1
4. Civil Rights and the Obama Administration
5. Discussion on Amendments to Bylaws
6. Nominations and Election to Board of Directors
7. Current Rights Issues
8. Closing Prayer/Adjournment

Please pay yearly dues at meeting in order to participate in Nominations and Elections to Board of Directors. By previous vote of the AIRRO membership, yearly dues are $5 in cases of hardship.
Drinks and snacks will be provided by AIRRO.

Pechanga Smackdown! Generalizations defeated by Historical FACTS

The CPP is a faction at Pechanga that has been manuevering to eliminate people from the Pechanga Band, there are full details on the links on my sidebar. There is an interesting conversation going on at cousin Teetilawunch's Blog.

A CPP member, we believe from the Masiel Crime family of Hemet, CA makes a general statement about our family. Our family members present the facts in a "read 'em and weep" manner. This clearly shows the facts are on the Hunter family's side and yet, because the Masiel/Basquez controlled the enrollment committee, facts clearly don't matter.

1. Pechanga acted unconstitutionally to start a moratorium
2. Pechanga acted unconstitutionslly to not uphold the will of the people in stopping all disenrollments.
3. Pechanga PAID for an expert's opinion and then ignored his findings when presented with the facts
4. Pechanga took the hearsay word of a CONVICTED child molester IN PRISON vs. certified documents of sworn testimony taken in the Luiseno language.

I URGE all my readers to take a look at Teetilawuncha's Blog to get a handle on the insidious nature of the CPP. Tell your friends, discuss it in class and let people know that just because Pechanga may give a small donation to local schools, it doesn't mean that they are great citizens.

BIA Ruling Reinstates San Pascual Members. Congratulations

The Bureau of Indian Affairs is redeeming their year, although that started when Carl Artman resigned. FINALLY, they are taking the correct course of action in a tribal membership dispute that they ruled was settled. Yet, they want to wash their hand of this action and quit having to take the responsibility. It's much better to do nothing and let people be hurt.

VALLEY CENTER, Calif. – A ruling by the BIA that could decide the outcome of a tribal rift was handed down Dec. 1 upholding – for the second time – the tribal enrollment of a man and his decedents.
The BIA ruled that the enrollment committee of the San Pasqual Band of Diegueno Mission Indians failed to prove that Marcus R. Alto’s enrollment was a mistake and upheld his and his decedents’ eligibility for the rolls.“Because the information provided by the (Enrollment) Committee does not demonstrate Mr. Alto’s enrollment was based on inaccurate information, as required. the Jan. 31, 1994 decision by the Acting Area Director which identified Mr. Alto and his descendents as enrolled members of the band remains effective,” wrote BIA Regional Director Dale Morris in a letter sent to the tribe and Alto’s decedents.

Alto’s ejection from the San Diego County tribe has divided its council into two factions who are now holding separate meetings, leading to the BIA’s determination of a defunct tribal government in August. If the rift persists, it threatens the legality of its 1,750-slot machine casino opened in 2001 because only federally recognized tribal governments can operate a casino, BIA officials had said.

About 80 people’s tribal rights were suspended, including payments from casino revenues as a result of the disenrollment.The BIA rejected most of the enrollment committee’s 13 points they said warranted the ejection of Alto and his decedents from the tribe, including baptismal, census and BIA documents that suggested Alto’s Diegueno parents had adopted him.
It’s unclear how the ruling will impact the schism between Allen E. Lawson and Robert Phelps, the tribe’s chairman and vice-chairman respectively but whom the BIA is now referring to as spokespersons because it does not recognize either of the factions headed by them as the legitimate tribal government.

“My answer is limited as the process has not yet been completed and the potential of an appeal to be filed by the tribe with the Assistant Secretary of Indian Affairs may occur,” said the acting superintendent of the BIA’s Southern California Agency, James Fletcher in an e-mail.
The tribe has 30 days to file an appeal. OP: Fletcher is a member of the Pechanga Band of Luiseno Indians, whose tribal council acted outside Pechanga's own constitution in disenrolling families and keeping rightful members out, via an unlawful moratorium.

Fletcher said the BIA has asked the Department of Justice to mediate the conflict after several attempts by the BIA did not yield any breakthroughs. “However, I do have a request in from one side to recognize them as the proper government,” Fletcher added.

What is clear, however, is that the BIA does want to remain the tribe’s referee in its enrollment issues. The tribe’s 1971 constitution specifies that the BIA is required to approve ejections.

“It’s inappropriate for the committee to continue to raise this issue of the validity of the inclusion of Mr. Alto and his decedents and to continue to seek remedy from the BIA,” the letter said.It encouraged the tribe to revise its constitution and offered technical assistance in doing so. It’s an unlikely action until the schism is resolved.Lawson and an attorney, Glenn W. Charos, representing Alto’s decedents did not return phone calls seeking comment.

Merry Christmas To All!

Merry Christmas to All.

Our Hunter Ancestor, Paulina Hunter, whom the Pechanga Tribe's own hired expert PROVED was an ORIGINAL PECHANGA person passed away 109 years ago. Can you imagine what she'd think about how the interlopers treated her descendents?

And what a leader Mark Macarro is? He of the incredible shrinking tribe?

Can Tribes Absolve The Federal Govt. of its Legal Agreements with Tribal Members by Disenrolling Them?

Frequent commenter to our blog, Allen L. Lee asks the question in a comment on another post and I thought I would give it its own post

Can the tribes absolve the federal government of it's legal agreements with tribal members by dis-enrolling them? I think the answer is, No!

Though the tribes as seperate sovereigns may absolve themselves of any legal relationship with a member by dis-enrolling them, the tribes can not absolve any legal relationship a tribal member may have with the federal government on behalf of the federal government. This would include who the federal government agrees to recognize as citizens of a tribe.

If it were accurate that the Federal government leaves membership solely up to the tribes , then the following prosecutions covered at this link, http://www.usatoday.com/news/nation/2008-10-20-tribe-fraud_N.htm would not have happened.

I will paraphrase an important statement from this link which says that the BIA denied recognition for this fake tribe because it had no historical characteristics, etc. It also said that even if they did recognize the tribe, tribal granted membership to an illegal alien would not confer U.S citizenship to the member.

This is a point demonstrating that how the U.S. recognizes a tribal citizen can be independent of how a tribe recognizes a tribal citizen

Please help expand the points with your comments

California's Casinos Take Hit in this recession.

The recession hits everyone. Conventional wisdom in the past said that casinos were recession proof, but that's proving to be not the case.

The Fresno Bee has an article on the casinos in CA.

California casinos aren't seeing big declines, experts speculate, but they aren't seeing much growth either. While local casinos may be getting some customers who can't afford Las Vegas, they also are finding gamblers less willing to ante up.

Some customers have been driven away by the lawlessness at tribal casinos and more are becoming aware that you lose many of your rights when you step onto Indian Reservations.

Las Vegas and other destination spots -- including large Southern California tribal casinos -- have taken the brunt of the economic punch, experts say. About seven out of 10 industry experts and analysts surveyed recently by the American Gaming Association said that tribal casinos have been affected less by the downturn than commercial casinos.

Pechanga Casino has reduced their employees by 800 from their high of 5100 workers, recently laying off 400. Couple that with reduced traffice due to closures of their nightclubs due to thuggish behavior of their young people and that means less money coming in.

People are finding that gambling is NOT their only entertainment option.

Read more at the link.

Welcome to Original Pechanga's Blog

We are getting a lot of new visitor's from New York today. Thank you for coming. And please, pass the blog address on to your friends and family. YOU are helping us by building blog traffic and spreading the word of these important issues. Twice a day would be perfect.

There are many more posts in the archives on the left side.

Wayne Thompson, Civil Rights Activist and Cherokee Freedmen Support Passes

Sadly Wayne Thompson, noted civil rights activist and supporter of the Cherokee Freedmen, The Seminole Freedmen and the Creek Freedmen has passed away.

Here's a portion of a message from Jon Velie, Oklahoma Attorney.

Wayne wanted no notoriety for his efforts to help the oppressed people around the world. He is greatest civil rights fighter that most people have never heard of. And that is exactly how Wayne wanted it. His work on the Seminole and Cherokee Freedmen cases over the past fifteen years was amazing.

Wayne shut down the Seminole Nation for two years when they voted out their Freedmen. He picked up the phone and got it done. On this event the basis of the Cherokee Freedmen case has been built. Wayne received no notoriety for this, no money, in fact it cost him plenty. Not just airfare either.

Wayne was hired by the Seminoles to advocate for monies denied them by the US over mineral rights. When the Seminoles expelled the Freedmen, Wayne shut them down and stopped the deal. It cost him a lot of money, this may have been tough for many, but to Wayne it was a no brainer.

Read more at the Creek Freedmen Forum

Thank you, Mr. Thompson, for standing up for all of us, even when some of us won't stand up for ourselves.