Instant KARMA 2.0 : Disenrolling Casino Tribe The NOOKSACK's CASINO May Close, Following Chukchansi Casino Closure, ALSO a Disenrolling Tribe

The Nooksack River Casino’s days could be numbered, pending a ruling in Whatcom County Superior Court later this year.  This would follow on the heels of a shutdown of the Chukchansi Gold Casino, also a disenrolling tribe's casino late last year.   Disenrollment is BAD FOR BUSINESS.  If those tribes will cheat their own people, won't they cheat their customers?  Their lenders?

 Since at least 2011, the Nooksack Business Corporation an entity owned by the Nooksack Indian Tribe, has tried to shirk its responsibility to pay back about $15 million in loans it obtained from now-defunct BankFirst in 2006.    PAYBACK?  PAYBACK?  We don't need no stinkin' payback, right, we are sovereign..

Pechanga Crime Watch: Slow Speed Chase on The REZ with heavy Police Presence

Reports coming in that there was a slow speed car chase all over the rez at 1:30 a.m. with 5-7 police vehicles and a helicopter. There was also a police swat team and helicopter the night before. Lots of action. Pechanga, has a lot of felons..and that's just in the Masiel Basquez Crime family, one of whom was a carjacker, lots of drugs... Details as they become available. Stay Tuned

Mark Macarro Sets Up STRAWMAN in Television Interview on Pechanga Disenrollment

By exaggerating, misrepresenting or just fabricating someone's argument, as Pechanga chairman Mark Macarro does here, in his interview with KNBC's Colleen Williams. It is much easier to present his position as being reasonable

Here in a discussion of Paulina Hunter descendants, he tries to shift the discussion from a family with ties to the reservation, by blood, since its inception, to the casino.  The majority of Hunters have a lower enrollment number than Macarro himself.  Watch

Hear is the response to that:

Total B.S. as it applies to Hunters. Paulina Hunter, whose ties to the reservation were cemented by testimony of fellow Pechanga people, who KNEW PAULINA HUNTER in the 19th century, disprove this strawman argument.  Hunters have lives on the reaervation for decades before Macarro was born.

What Macarro doesn't say, is that there are NON Pechanga blood on his own tribal council, right Butch Murphy?

Chukchansi Tribal Casino: 14 Who RAIDED Casino Claim THEIR Rights Were Violated By Being Charged with Kidnapping and Assault

Fourteen members of the Chukchansi Gold Resort & Casino tribal police force and security team have filed legal claims against Madera County saying they were falsely arrested and jailed for trying to take back a casino gaming office from an opposing faction.

Among those named in the claims are former District Attorney Micheal Keitz, retired Sheriff John Anderson and prosecutor Nicholas Fogg. The claims suggest that county officials are also involved in malicious prosecution and civil rights violations.

The claims say that each man is seeking in excess of $1 million. The members of the security force claim monetary losses from being unable to work, emotional distress and loss of reputation. Many of the men had to pay bail amounts of hundreds of thousands of dollars, with some in excess of $1 million.

The Madera County Board of Supervisors will review the claims Tuesday during the closed session of its weekly meeting.

“Because they have the potential to be litigation, we will make the board aware of them,” said Regina Garza, Madera County counsel.

If, or when, supervisors reject the claims, it will allow the men to file civil lawsuits against the county.

Claims were required to be filed by last week, which marked six months since the gaming office raid at Chukchansi Gold Resort & Casino.

Overall, 15 were charged in the case. Only security officer Miguel Ramos did not file a claim. There are provisions in the law that allow him to file a late claim.

On Friday, Madera County Superior Court Judge Dale Blea would not dismiss criminal charges against the 15 men. Blea said the county acted properly in making the arrests and that none of the defendants had immunity in the casino office raid either as police officers or members of the tribe.

Ten of the men were hired as tribal police officers and were being paid by the Tex McDonald faction of the tribe when they raided the casino office on Oct. 9. The takeover took about five minutes. During the raid, the men handcuffed and detained security forces paid by the Reggie Lewis-Nancy Ayala faction, which had control of the casino and hotel. The men were charged with kidnapping, assault with deadly weapons and a variety of other crimes.

McDonald tribal police chief John Oliveira said the office raid only took a few minutes and his forces never stepped foot on the casino floor. His group’s video shows much of the hotel operations continuing normally as his men detained the other security team. It was not until 90 minutes later when the fire alarm was pulled in the hotel basement by those associated with the Lewis-Ayala security team that the casino and hotel was evacuated.

Mark Coleman, who represents nine of the men involved in the raid, said the men hired by Oliveira were all in law enforcement or retired from law enforcement or had military backgrounds. Some even train military and law enforcement officers.

“What’s happened to these guys is terrible,” he said. “They are all honorable men who thought they were doing legitimate work.”

Read more here: http://www.fresnobee.com/2015/04/13/4476114_defendants-in-chukchansi-casino.html?rh=1#storylink=cpy

NNABA Declares Lawyers Advocating FOR Disenrollment: IMMORAL and UNETHICAL: BOOM!

SO it is WRITTEN, So It Shall BE.    The National Native American Bar Association has STOOD UP for Justice, where the NAACP, the ACLU, NARF, NCAI, BIA and The JUSTICE DEPARTMENT  FAILED.

Here is their resolution that was adopted  just last week.   NOW, the Civil Rights division needs to come out SWINGING!

RESOLUTION # 2015-06 

TITLE: Supporting Equal Protection and Due Process For Any Divestment of the American Indigenous Right of Tribal Citizenship

WHEREAS, the National Native American Bar Association (“NNABA”) was founded in 1973 and serves as the national association for Native American attorneys, judges, law professors and law students, and strives to be a leader on social, cultural, political and legal issues affecting American Indians, Alaska Natives, and Native Hawaiians; and

WHEREAS, NNABA works to promote issues important to the Native American community and to improve professional opportunities for Native American lawyers, we do hereby establish and submit the following resolution; and

WHEREAS, the American indigenous right of tribal citizenship is sacrosanct; at tribal common law, the right, once vested, is recognized as an “absolute right.” Terry–Carpenter v. Las Vegas Paiute Tribal Council, Nos. 02-01, 01-02, 10 (Las Vegas Paiute Ct. App. 2003); and

WHEREAS, the United Nations Declaration on the Rights of Indigenous Peoples (“the Declaration”), as endorsed by the United States in 2010, affirms that all at indigenous persons enjoy an inherent “right to belong to an indigenous community or nation, in accordance with the traditions and customs of the community or nation concerned”; and

WHEREAS, Article 34 of the Declaration provides: “Indigenous peoples have the right to promote, develop and maintain their institutional structures and their distinctive customs, spirituality, traditions, procedures, practices and, in the cases where they exist, juridical systems or customs, in accordance with international human rights standards”; and

CA Appeals Court SCOFFS at Congress's Inaction to Protect Natives From Corruption. Senators Barrasso, Feinstein and Boxer, ARE YOU PAYING ATTENTION

I have the video here of the recent court of appeals case where the Pala Tribe was sued for their corruption. The Justices all want to help, but there's very little leeway for them to act. WHY? Because Congress has failed to act.

 As Pala's OWN attorney states, "...The Supreme Court invited Congress to STEP in, to which, the judge scoffed, "YOU CAN'T GET CONGRESS TO DO ANYTHING"    Burn. This is a good case to watch, the pertinent portion above is at the 27:00 mark.

Chukchansi 15 Back Before Judge, Who Is In Charge?

A Madera County Superior Court judge will hear Friday from lawyers seeking to dismiss criminal charges against 15 defendants involved in the Chukchansi Gold Resort & Casino office raid on Oct. 9 that sparked the casino’s evacuation and closure.

Read more here: http://www.fresnobee.com/2015/04/08/4468433_chukchansi-arrests-back-before.html?rh=1#storylink=cpy

Before hearing the criminal case, Judge Dale Blea first has to decide whether the Madera County District Attorney’s Office and Sheriff’s Office had jurisdiction to make the arrests and file charges. Another issue is whether either of two tribal factions was in control — and had the authority to employ police officers — because the federal government had not recognized a tribal government in October.

Both  prosecution and defense lawyers say that since neither side was the recognized leadership, both lacked authority. The lawyers are using that lack of recognized authority as key parts of their arguments. 

The 15 defendants, including tribal council members Tex McDonald and Vernon King, police officers and members of their security team, were later charged with kidnapping, assault with a deadly weapon and other crimes. Nobody from the security team employed by the Reggie Lewis-Nancy Ayala tribal faction was charged.

The Oct. 9 raid was planned to recover audit information requested by the National Indian Gaming Commission, which had threatened to close the casino if two years of audits were not filed by Oct. 27. The Lewis-Ayala group had kept the McDonald faction away from the information since late August.

Defense lawyers say the McDonald tribal faction’s force was acting in “good faith” when its members detained and handcuffed members of the opposing security force. About an hour later, those arrested were released to then-Madera County Sheriff John Anderson. Those actions on Oct. 9 are seen in a video that’s part of evidence set to be released at Friday’s hearing.

Read more here: http://www.fresnobee.com/2015/04/08/4468433_chukchansi-arrests-back-before.html?rh=1#storylink=cpy

Sen. John Barrasso is Requested to Hold Field Hearings IN CA, on Civil and Human Rights Abuses By Tribes on Native Americans.

Senate Indian Affairs Committee
838 Hart Senate Office Building
Washington , D.C. 20510

(202)228-2589 fax


Re: Request for Committee and field hearings on civil rights violations in Indian Country

Dear Chairman Barrasso and Honorable Committee Members:

I respectfully submit this letter as a request to your Committee to hold field hearings on the growing number of civil rights abuses occurring in Indian Country.  Your recent hearings at the Wind River Reservation shows your committment to finding the issues that are critical in Indian Country.

The number of civil rights violations in Indian Country has reached epidemic proportions. Thousands upon thousands have been stripped or denied the basic due process and equal protection rights provided for in the United States Constitution, the Indian Civil Rights Act of 1968 (“ICRA”), and tribal laws.

Most recently, a report by the Government Accountability Office (“GAO”) referenced the fact that internal tribal disputes “seem to be occurring more and more frequently”. In response to the growing number of these types of disputes, the GAO felt it was necessary and appropriate that nominees to the Secretary of Interior be asked how they would address such issues.  We who have been harmed by tribes such as Pechanga, Pala, San Pasqual, Chukchansi, Redding, Grand Ronde and Nooksack to name just a few, would appreciate the opportunity to enlighten your committee on the issue.

The responsibility to address this issue does not lie with the Interior Secretary alone. Even the appelate court in CA erupted in derisive laughter in the recent Pala disenrollment hearing when it was stated that it was up to Congress to act. The number of civil rights violations in Indian Country will continue to grow unless Congress once again takes action, just as it did in enacting the ICRA, to further protect individuals from the “arbitrary and capricious” actions of tribal governments. Considering the current situation and an environment which rewards the villain and punishes the victim, I ask you, “How do you plan to address this problem?”

I believe that hearings on the current civil rights situation in Indian Country are not only warranted, they are long over due. Therefore, I respectfully request that your Committee hold hearings as an initial step to further action that will uphold and enforce the rights of those who, to date, have been stripped of or denied the basic rights guaranteed by law.

I trust you will thoughtfully consider my request, and I will eagerly await your response.

Respectfully submitted,

NATIVE AMERICANS: Use All the Arrows in the Quiver, to FIGHT FOR OUR RIGHTS.

I've been having discussions with many separate tribal groups and it seems like only a FEW people are working to obtain results.   I hear from MY family all the time, WHY won't someone DO something?  I say, WHY WON'T YOU?     We need more people from all tribes that have been harming their people to stay involved, keep the greased wheel squeaky.    We can have victories, I've proven that with a Washington DC visit.   But the pressure needs to stay on the politicians and that means using our number.    I stole this saying from our friend from Pala:

Letters, Faxes, phone calls, Tweets, Shares, emails are ALL ARROWS in our quiver.   We all have TIME and we should be putting it to good use.   They have deep pockets, but we have a righteous cause.  Let's pressure our politicians to DO the RIGHT THING.

Tongva Nation Raises Objections to US NAVY's "DEFECTIVE" Determinations on Pechanga's Theft of Tongva Ancestral Remains

Looks like the Tongva Ancestral Territorial Tribal  Nation was a bit more forceful in their holding the Navy responsible for the Great Pechanga Raid on their ancestors, they also accuse Pechanga member Laura Miranda of interference in the process.  Miranda is a vice-chairman of the Native American Heritage Commission. 

Tribal administrator John Tommy Rosas let's the Navy have it:

TONGVA ANCESTRAL TERRITORIAL TRIBAL NATION
JOHN TOMMY ROSAS
TRIBAL ADMINISTRATOR
TRIBAL LITIGATOR
578 WASHIGTON BLVD # 384 MARINA DEL REY, CA 90292
TATTNLAW@GMAIL.COM   310 570 6567


Mr. Joseph Montoya,

We are now objecting and opposing your/US NAVY illegal defective determinations as published in
Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Notices -
We were illegally excluded and illegally not contacted for required tribal consultation under SEC 106 NHPA, NAGPRA, AIRFA,NEPA.

We are on the NAHC contact list and the US NAVY either illegally did not contact NAHC for the ISLANDS descendant of which I am a lineal descendant or US NAVY committed statutory discrimination in excluding me/TATTN on any consultations and notices, in which we object and oppose.

We also assume Laura Miranda a NAHC staff person and a Pechanga claimed member may have illegally interfered with the process as the notice does not describe how the US NAVY suddenly gave sole consultation to Pechanga-

We also take offense and exception on the US NAVY'S erroneous assumptions on these determinations all of which we object and oppose to completely as false and defective. quote-
/// Determinations Made by the U.S. Department of Defense, Department of the Navy Officials of the U.S. Department of Defense,

Department of the Navy have determined that:

• Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of 469 individuals of Native American ancestry.

• Pursuant to 25 U.S.C. 3001(3)(A), the 436 objects described in this notice are reasonably believed to have been placed with or near individual human remains at the time of death or later as part of the death rite or ceremony.

• Pursuant to 25 U.S.C. 3001(2), there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and associated funerary objects and the Pechanga Band of Luiseno Mission Indians of the Pechanga Reservation, California.


The TONGVA have also called in the big guns  in the anthropology field, you can see their letters below, they are pretty damning to Pechanga's claim on the remains.

Cal Poly TongVa San Nicolas

For sake of bandwith, you can find an additional letter here but it says that the natives who were on the islands, including San Nicolas were Chumash and San Nicolas Island.

Support the Tongva and Gabrieleno people in protecting the remains of their ancestors.   Pechanga protecting their own ancestral remains by placing a GOLF COURSE above their bodies. Pechanga is simply NOT TO BE TRUSTED.  

A tribe that harms their OWN, LIVING RELATIVES should NOT have a say in the ancestors of another tribe. The United States Navy needs to do it's research, and listen to the EXPERTS.  

Please, share via Facebook and Twitter, let it NOT be said by the powers that be... WE DIDN'T KNOW.

Tongva Ancestral Nation Gets Naval Response on Pechanga's Theft of Bones

We've written twice on the Gabrieleno Kizh demanding answers from the Navy.  Now, a second group of Gabrielenos, the Tongva Ancestral Nation HAS received a response, and it looks like their query was in the nick of time.   There was a comment period.

It appears the Navy will be reviewing the disposition of the remains, while assessing the latest information

Chukchansi: Another Month of CLOSED Casino/NO Revenue

The Picayune Rancheria of the Chukchansi Indians in California is entering the six month of life without gaming.  

A dispute among rival factions led to the closure of the Chukchansi Gold Resort & Casino on October 10, 2014. More than 1,000 people were put out of work amid a squabble that appears to be linked to a long-running disenrollment effort.

After being restored to federal recognition in the 1980s, the tribe's membership was around 1,800, Valley Public Radio reported last month. But in the years following the opening of the casino, the rolls have been cut in half.

"My uncle was honored as an elder at the powwow and a week later got a letter saying he was no longer a member," Chris Ballew, whose family was disenrolled in 2012, told National Public Radio.
Critics point the finger at leaders like Nancy Ayala, who serves as co-chair of one of the councils on the reservation. They believe she wants to reduce the membership even further, a charge she does not outright appear to be denying.

"If we could tackle that and figure out how people fit in, where they fit in, do you belong - if we could figure that out, we would be a power to be reckoned with," Ayala told NPR.

Tribal members receive a monthly per capita check of about $900, according to NPR. Further disenrollments could increase the payment to around $17,000, NPR said.

Was Jerry Brown's REFUSAL to Renegotiate North Fork Rancheria Gaming Compact a Way to Ensure THEY DO GET GAMING?

That's what this article in  from Dickinson Wright  law firm seems to say:

In January 2015, the Tribe requested that the State reopen compact negotiations. In a January 16, 2015, letter to the Tribe’s attorney, Joginder Dhillon, Senior Advisor for Tribal Negotiations to Governor Brown, wrote: “Given that the people have spoken, entering into negotiations for a new compact for gaming on the Madera parcel would be futile.” 

Dhillon’s letter was exactly what the Tribe needed to demonstrate that the State had refused to negotiate. On March 17, the Tribe filed a federal lawsuit against the State of California in federal district court alleging that the referendum overturning the compact ratification and the renewed refusal to enter new negotiations violated IGRA. The Tribe asked the court for a declaration that the State had failed to negotiate a Class III gaming compact “in good faith” in violation of IGRA and for an order requiring the State to resume negotiations. 

The State has yet to file an answer, but California’s waiver of its Eleventh Amendment immunity to the Tribe’s bad-faith suit means that the Tribe will likely prevail and win the right to conduct Class III gaming at the site. In the meantime, nothing prevents the Tribe from conducting Class II gaming on the site, as Class II gaming does not require a compact. 

Anyone believe that Governor Jerry Brown did not realize this would happen?   Anyone?

Gabrieleno Kizh Fire Off Second Letter to Navy Secretary Over Pechanga's THEFT OF THEIR ANCESTOR'S

Here's a second letter from the Gabrieleno Kizh, this one is from the chairman... YOU can help by sending a copy of this to:  secnavpa.fct@navy.mil   Let's get them to answer..

The Honorable Ray Mabus, Secretary of the Navy
Office of the Navy
1000 Navy Pentagon Room 4D652
Washington, DC  20340

April 1, 2015

Re:  the wrongful removal of Gabrieleno sacred burials and their associated burial objects from our Tribe’s San Nicholas Island

Dear Secretary Mabus,

This letter is in follow up to our previous letter sent March 16, 2016 to you.  My son, as Chairman, had respectfully requested a response with five business days and we have received no correspondence to date.  In our first letter, we stated our outrage that Native human remains found on San Nicholas Island were slated to be given by the Navy to the Luiseno Tribe for reinterment when the Island is historically well documented to be the territory of the Gabrielenos.
We are official requesting
That the previously mentioned Human Remains and burial objects be repatriated to the Gabrieleño Band Of Mission Indians Kizh( Keech) Nation.

We further Request:

1)      immediately cease the transfer of any human remains, associated grave goods and artifacts
2)      Arrange for consultation pursuant to Section 106 of California State law
3)      Correct the Navy’s incorrect conclusion that the Luiseno are the culturally affiliated tribe for San Nicholas Island
4)      Name the Gabrieleno Band of Mission Indians as the correct and legitimate Tribe who’s historical tribal territory includes San Nicholas Island and is thus the correct Tribe to handle the reinterment.
Again, we are requesting a response from you or your representative within five (5) business days of receiving this letter.  As the elected leader of my people, I feel very much responsible for insuring the ethical handling of our ancestor’s remains.  This is why I am now writing to you directly to remedy this situation.
Respectfully,


Ernie Salas, Chief and Spiritual Leader
Gabrieleno Band of Mission Indians – Kizh Nation