Pechanga Native Kent Appel, Native Songwriter/Poet's SONG on Disenrollment: A Paper Genocide (Lament of the Disenrolled Indian)

My cousin, Kent Appel, who contributes greatly to the comment section here, as 'AAMOKAT' is also a songwriter and poet.  His song on Disenrollment NAILS IT

"Casino people, Shameful Tribe, Betrayed Your Own, A Paper Genocide."

A PAPER GENOCIDE (LAMENT OF THE DISENROLLED INDIAN) 

BY KENT APPEL (‘AAMOKAT)

WE WERE ONE INDIAN NATION
WHEN THEY PUT US ON OUR RESERVATION
WE WERE AT ONE WITH THE LAND
BUILT OUR HOMES WHEN THERE WAS ONLY SAND

WE WERE ONE LAND WE WERE ONE TRIBE
NO CASINO JUST NATIVE PRIDE
BUT SOME OF THE FRIENDS WE HAD FOR YEARS
CAUSED A PAPER TRAIL OF TEARS

CASINO PEOPLE
SHAMEFUL TRIBE
BETRAYED YOUR OWN
A PAPER GENOCIDE

JUST A FEW YEARS AGO
WE WERE ALL UNITED IN A COMMON GOAL
TO PAVE A WAY TO A BETTER LIFE
BUT OUR SUCCESS IT BROUGHT STRIFE

CASINO PEOPLE
SHAMEFUL TRIBE
DESTROYED YOUR OWN
A PAPER GENOCIDE

I KNOW THAT SOMEDAY WHEN THEY’VE LEARNED
THEN THE PEOPLE WILL RETURN
WE WILL RETURN
WE WILL RETURN
WE WILL RETURN

With the Robinson Rancheria restoring their disenrolled last month and Enterprise last year, and Grand Ronde disenrolled triumphant in court...there is HOPE that tribal nations who disenroll, will do the right thing.

Guy Who Worked With Tribe that Abused Their OWN PEOPLE, Wants Transparency for Others UPDATE: Schmit responds

The author of this hit piece Charles Banks-Altekruse promoted the North Fork Rancheria's attempt at off reservation gaming, and also did work for the Robinson Rancheria a disenroller until recently.  He  reportedly did work for the ENTERPRISE RANCHERIA, WHILE it was disenrolling and abusing their members, now, he wants transparency for Stand Up's Cheryl Schmit  We have asked for comment from Schmit, but have not had a response as yet.

AND her response:

This public relations person (who also represents North Fork and Enterprise both seeking off reservation casinos)  obviously hired by the Tribe and Boyd Gaming is attempting to change the narrative.   The issue is the citizens of Elk Grove were not provided an open, fair or transparent process by the Bureau of Indian Affairs or the City Officials of Elk Grove.  

Moreover, the Regional Director Dutschke is involved in the decision-making in this case. The Regional Director, shares extensive family ties with members of the Wilton Rancheria. These ties present a clear conflict of interest. The Record of Decision was signed by Larry Roberts who lacked the authority to sign as a Principal Deputy Secretary and Michael Black lacked the authority to take land into trust.  There must be a thorough review by the IBIA.  Otherwise,  any decision to take land into trust will be inherently tainted and subject to investigation.

The Elk Grove City Council was correct in asking hard questions of Cheryl Schmit, the director of Stand Up for California!, regarding her intervention in the proposed Wilton Rancheria casino project.

People deserve to know whether this self-proclaimed ‘statewide gaming watchdog’ is indeed independent of conflicts of interest – or merely a ‘guard dog’ for established casino tribes and card rooms, as many suspect.

Lyle Davis: Disenrollment and Tribal Abuses and Solutions from an Outside Perspective

Friend and Editor of the Escondido weekly THE PAPER , Lyle Davis has some thought on what he's researched during the recent 3 months.  Feel free to comment and share.  Some of my comments are in blue

Lyle Davis Editor

Having just completed a two-part series on disenrollment as it affects both the San Pasqual Band of Mission Indians and the Pechanga Band of Luiseno Indians, I've become aware that this problem is not limited to just these two bands and their respective casinos but is simply a microcosm of what is happening statewide and nationwide.

I'm also aware that, because of sovereignty issues, the various tribes have little, if any, oversight on their distribution of revenues received from the casinos and the manipulation of these funds and/or disenrollment can and does have a major impact on tribal members.

There are frequent allegations of abuses, from skimming profits to using the casino revenue as a personal bank account, to settling political scores, to enhancing one's own personal income by disenrolling someone else. None of which allegations can be addressed by district attorneys or attorneys general at either the state or federal level, all because of the sovereignty issue.

The only solution, it appears to me, is to band together as one united Indian nation, elect some charismatic leaders who can motivate your members and then go on the warpath. No pun intended. This group, once formed, needs to descend on the offices at the county, state and federal level and raise hell - on a regular basis, demanding congressional legislation that opens up the books and requires accountability.  (OP: Lyle raises a good point in this clutters. On having a leader/leaders who will stand up.  The difference to me, is: I AM PECHANGA, my great great grandmother's LEGACY to ALL her descendants. I'm not going to be someone ELSE.  Also, as far as the Congress is concerned, it IS settled, the compacts were approved, without them caring about open books)

There is an incentive for state and federal governments to get involved . . . and it's financial. A greater percentage of casino revenues would flow into government coffers .. . and, given the multi-billion dollar industry the casinos represent, the amount would be meaningful. (OP:  I think it's past time that CA opens up gaming, government run)

Pressure needs to be regular and steady . . . peaceful . . but firm. You need to camp out on the doorstep of Assembly members, senate members, congressional offices, governors, bureaus, the Bureau of Indian Affairs . . . any governmental office that has any degree of influence over tribal affairs need to subjected to constant pressure. (Come election time . . . these candidates need to know there are votes and financial support available for those who offer sincere support. [Realize,however, that the casino treasury is overflowing with money for campaign contributions and regular paid lobbyists already on staff . . . so it's an uphill battle] - realistic proposals for new congressional legislation, at both the federal and state levels, need to be developed, proposed, promoted, and demanded.    (OP: Agreed, yet, trying to get those who are aggrieved, to even send an email is mostly unsuccessful)

Then, and only then, will the Indian Nations succeed in getting a fair shake. Good luck. Go to work! Make it happen!

When 1/3 of the 9th Circuit Got it RIGHT:Jeffredo v. Macarro Dissenting Opinion, Smacks Down Majority Decision

The 9th Circuit was wrong on the Trump Executive Orders, but in 2010, ONE of the Justices got it ABSOLUTELY correct, and the DISSENT was published, which was unusual.

In a previous post U.S. 9th Circuit Court of Appeals Rejects... we wrote that it was rare to have the dissenting opinion published. Well, we have that for you here. We have bolded many of the pertinent portions where the dissenting judge points out the obvious to those justices that apparently took the "blind" portion of the justice is blind too seriously. Take a look.

Money Quote1: "Here, appellants are not directly challenging the merits of their disenrollment, i.e., whether they are direct descendants from the original Pechanga Temecula people," Wilkens wrote. "Rather, appellants challenge under the (Indian Civil Rights Act) the manner of their disenrollment. The former would be barred by tribal sovereign immunity, whereas the latter is not."

Money Quote2: The combination of the current and potential restrictions placed upon Appellants and the loss of their life-long Pechanga citizenship constitutes a severe restraint on their liberty
.The majority analyzes each of these grounds separately, instead of collectively
, and determines that none amounts to a detention.
I respectfully disagree with this approach

Dissenting Opinion Jeffredo v Macarro

Tribal Disenrollment Discussion on NATIVEOPINION.com Friday 3/10

I'm excited to be invited to spend an hour or so with Michael Kickingbear and David Greyowl, hosts of NATIVE OPINION radio show March 10th at 9:30 EST.   Hope you will both listen and join in.

Imagine for a moment the home that you grew up in. The neighborhood and the town that you spent your childhood. How familiar it feels to you. The friends you made, maybe other family members that you spent time with regularly. That safe and secure feeling of familiarity.

Now imagine one day that you are told that you may no longer live in your home and that in fact, you no longer have a right to stay in it, or the right to even live in your neighborhood. Imagine how you would feel if you suddenly were faced with having to move away from that home, those surroundings...all because someone (else) said you are no longer welcome.  That you are no longer allowed to even stay in your neighborhood. How would you feel

We will be discussing of course, my family's disenrollment, but also how a moratorium on membership affected more than just one family.

I'd like to get into the issues of the BIA and how they are complicit, involved and sometimes TO BLAME for what's going on, especially in CA.

PLEASE, visit their webpage, nativeopinion.com  share the news with your family and let's get INVOLVED.

THE PAPER, Escondido Weekly THE DISAPPEARING INDIAN EXPOSE Part II The Pechanga Band of Casino Indians and Tribal Disenrollment

Lyle Davis, editor of the Escondido weekly, known as THE PAPER takes a LONG look at the enormous amount of money generated by Tribal casinos and the revenue stream that goes to the enrolled tribal members of the   Pechanga Band of Casino Indians.  Included the often harsh impact of "tribal disenrollment," all in this week's issue.

You can read his first article on San Pasqual Band, which runs the VALLEY VIEW CASINO.

The Paper of March 9, 2017 EXPOSE of PECHANGA by Original Pechanga on Scribd

The Right of Tribal Sovereignty Allows Abuse of Indians, But Sovereign ABUSE is NOT RIGHT

South Africa had the SOVEREIGN RIGHT to impose APARTHEID on their Black Citizens.  Did that make it RIGHT?   No?  

Words to live by for honorable tribes

Why does nobody care when tribes like my own, Pechanga, do it on their reservation?  The ACLU doesn't care about our civil liberties, NARF could care less about our Native American Rights, and the Justice Department doesn't give a hoot about justice.


Tribal gaming has helped many tribes in CA, come out of poverty, Pechanga included.

Unfortunately, with success, greed soon follows. Instead of helping all their people, including those they placed in a moratorium hold, who rightfully belonged to the tribe they looked at who they could get rid of to increase their per capita. The money hasn't made everyone happy.

The facts are clear, most tribes have not treated their people as abominably as Pechanga, Pala, Redding Rancheria, Picayune Rancheria, Nooksack and others have treated their people. It's more like Tribal Terrorism on the aforementioned tribal reservations.

I posted this in 2007 a great article that still applies:

Reconciling MORAL OUTRAGE at Pechanga Tribe with Self Determination

Here are excerpts from an excellent article by Sheryl Lightfoot about how to support sovereignty issues, while not supporting the actions when they are morally repugnant, such as Pechanga's disenrollment of 25% of their tribe in order to enrich the remaining members.

In order to be sovereign nations, we must act like sovereign nations. But that does not mean that in order to support self-determination in principle, we need to agree with every decision of other sovereign nations.

...The executives of our indigenous nations have the right, if not the moral responsibility, to send letters and make phone calls of complaint directly to the executives of the Cherokee Nation, expressing their concern over the (Cherokee Freedmen) disenrollment decision. This can be done while supporting the inherent right of an indigenous nation to determine its own membership.

Another tactic which can be employed by other indigenous nations or the private citizens of other nations is the art of moral persuasion, or ''moral suasion,'' as it has also been termed. This involves a campaign of exposure and embarrassment. (OP: This is what we've been pursuring for 8 years now)  OP: Now, tribes like Pechanga practice APARTHEID on their reservations.

OP: My view is this

Tribal sovereignty is something that should be nurtured and cherished.  The question was asked, "what could be done?".

Frankly, economic sanctions of another tribal nation, plus public embarrassment may be the only course of action that is effective. For instance, in South Africa, it was their SOVEREIGN RIGHT as a free nation to impose apartheid on their country.

What recourse did civilized countries use to bring down this hateful policy? Economic sanctions and world ridicule of the policy. No trade, no travel, no money. Final result, end of apartheid and a welcome back to South Africa into the world community.
Similarly, citizens of the United States (OP: AND California especially) can impose their own economic sanctions on the Tribal Nations of Pechanga, Pala, et.al  by boycotting their nation's business

Stop patronizing their casinos, hotel, restaurants and their powwows. Let them know that we do not agree with their system of denying civil rights to their people and until they follow their own tribal law, citizens of our country will NOT support their nation, but will patronize (OP: In other words, support tribal gaming elsewhere) their competitor nations.

Also, letting state and federal representatives know that we expect them not to support a nation that would treat its citizens this way, especially NOT to allow them increased monetary benefits by expanding their casino slot machines.

Readers, there are 250 members of the band that were disenrolled and 200 people who are caught in Pechanga's illegal moratorium (illegal in that SOVEREIGN nation, against the sovereign nation of Pechanga's own constitution) Pechanga and its chairman, Mark Macarro deserves no benefit from violations of their laws and against citizens of the United States. Chukchansi has exterminated 60% of it's tribe, Redding 25%. Elders and children abused by unconstitutional acts under the BIA's eyes, with NO SANCTIONS.

Please ask your friends to read our blog and share it on social media and friends, please let me know your opinion by posting comments.

Reworked and Re-posted from 2007

TRIBAL LEADERS, ACADEMICS TO CONVENE TO DISCUSS TRIBAL DISENROLLMENT

Are you close to Tucson?  If so, you should attend this.

The “Who Belongs? From Tribal Kinship to Native Nation Citizenship to Disenrollment” Conference will be held at the James E. Rogers College of Law, University of Arizona, March 9-10, 2017.

This first-of-its-kind conference will bring together prominent scholars in the field of Federal Indian Law, International Law, and American Indian Studies, as well as tribal government officials, to discuss recent trends in Indian Country dealing with citizenship and community belonging, including disenrollment.


“The conference is designed to address the sensitive issues surrounding who has a hereditary and/or cultural right to be a part of a Native and Aboriginal community, and what are an individual’s responsibilities to that community,” said conference organizer Professor Robert Hershey. “It is our hope that an atmosphere of respect, understanding, listening, and learning will be fostered, and that our gathering will promote utmost dignity.”

Confirmed participants include thought-leaders Stephen Cornell, Matthew Fletcher (Grand Traverse Band of Ottawa & Chippewa Indians), Norbert Hill (Oneida Nation of Wisconsin), Joseph Kalt, Richard Luarkie (Pueblo of Laguna), Pamela Palmater (Mi’kmaq), Patricia Riggs (Ysleta del Sur Pueblo), Lorinda Riley (Cherokee/Native Hawaiian), Wenona Singel (Little Traverse Bay Bands of Odawa Indians), Kevin Washburn (Chickasaw Nation of Oklahoma), David Wilkins (Lumbee),

Additionally, as highlighted last month by the New York Times, disenrollment has reached an epidemic level, with as many as 9,000 Native Americans having been jettisoned from nearly 80 tribes in recent years. As Professor Robert A. Williams, Jr. (Lumbee) recently stated in the New York Times, “It’s almost become an industry in some parts of Indian Country.”

The conference is designed for attendance by tribal leaders and citizens, tribal and federal government officials, attorneys and advocates practicing Native American and Indigenous Peoples law, Native and Indigenous people, officers of tribal enrollment and constitution reform committees, and faculty and students of American Indian Studies and law.

Santa Clara Pueblo vs. Martinez: Can Divergent Opinions Be Correct? Is The Decision only a Shield ..or..a Weapon?

I'm fortunate to be involved in a lot of email conversations.  Because on of ours went out to a large group, I got a couple of responses and I'd like you to see them.  As ALWAYS...my comment section is open.  Thank you to BOTH.

Here's the first, from a responder from the American Indian Resource Center of the County of Los Angeles Public Library

Santa Clara Pueblo vs. Martinez (1978) - the Supreme Court essentially ruled that tribal membership does NOT come under Federal Jurisdiction - ONLY the official tribal government has ultimate authority.  Legal challenges to that decision over the last 39 years have failed .  

Theoretically it is possible to over-rule that decision but it would take a major very public concerted public effort, like with DAPL, for the feds to even consider examining it.  (OP:  ARE we UP to this challenge?)

IMO as with many American Indian issues, the feds think they've already done their part, they avoid such issues as much as possible, and just let the tribes deal with it.

This of course, triggers a response from one of our friends/family from PALA.  It's lengthy and will continue after the jump:

VOICE of AMERICA on Tribal Disenrollment: The Destruction in Native America

The Voice of America, reports on the tribal disenrollment epidemic.  Grateful to be quoted in this article

Rick Cuevas, Original Pechanga Blogger with his ancestor Paulina Hunter who was
disenrolled 107 years after her death, by a corrupt Pechanga Tribal Council
                                                       (Photo: Iliana Cuevas)

“They have desecrated the memory of our ancestors,” Cuevas said. “The Pechanga tribal chairman has ripped our history from us, without evidence. And yet his ancestor, back in the day, called my ancestor ‘Aunt.’”
FUNNY, MACARRO will NEVER mention this. Nor the fact that he's keeping his OWN cousins out of the tribe.

THE PAPER, Escondido Weekly Exposes The San Pasqual Band of Casino Indians and Tribal Disenrollment

Lyle Davis, editor of the Escondido weekly, known as THE PAPER takes a LONG look at the enormous amount of money generated by Tribal casinos and the revenue stream that goes to the enrolled tribal members of the San Pasqual Band of Casino Indians. And the often harsh impact of "tribal disenrollment," all in this week's issue.  As an added bonus, he's going to have a second issue on Pechanga

You can access it via THIS LINK, or read it below but please...read and SHARE!

The Paper March2 2017 by Original Pechanga on Scribd

RYAN ZINKE Overwhelmingly Confirmed as Secretary of the Interior

Montana Rep. Ryan Zinke won Senate confirmation Wednesday as President Donald Trump's Interior secretary, giving him responsibility for overseeing the nation's 400 million acres of public land, mostly in the West.

The Republican-controlled Senate approved the nomination, 68-31 as 16 Democrats and one independent joined with 51 Republicans to support the choice. Several Democrats from Western states as well as those facing tough re-elections next year, including Montana's Jon Tester, Indiana's Joe Donnelly and Joe Manchin of West Virginia, voted for Zinke.

Sen. Maria Cantwell of Washington state, the top Democrat on the Senate Energy and Natural Resources Committee, said she is not convinced that Zinke will be able to "stand up" to Trump and prevent oil, gas and mining companies from unduly exploiting public lands

Cantwell also said Zinke appears willing to support transfer of some federal lands to states, citing his vote for the GOP-sponsored rules package. She worries that Zinke may weaken or repeal recent designations by President Barack Obama of national monuments, including Utah's Bears Ears monument.