Another glaring example of "It's okay to be a fake Indian" UC Riverside professor Andrea Smith has been outed for claiming to be CHEROKEE (at least she didn't say she was descended from a "Cherokee princess".
To add insult to injury, UC Riverside is standing by her: “Professor Smith is a teacher and researcher of high merit who, on that basis, earned a tenured faculty position at UC Riverside,” the school said in a statement given to The Daily Caller News Foundation. “The University of California is precluded by law from considering an individual’s ethnicity in any hiring or advancement decisions.”
How about lying on an application?
The Beast article quotes David Cornsilk, a Cherokee genealogist, who says he actually researched Smith’s heritage back in 1993 (while she was still an undergraduate) at her request and found absolutely no evidence of Cherokee heritage. Cornsilk says Smith actually approached him a second time in 1997 to look again, allegedly telling him “her employment depended on finding proof of Indian heritage.” Once again, Cornsilk found nothing.
Tuesday, July 7, 2015
Donald Trump: Not Just Mexicans, Native Americans Too
Presidential Candidate Donald Trump has been in the news for inarticulate, some say racist comments about Mexican immigrants, but remember when he was against NATIVE AMERICANS too?
The NYTIMES article from 1993
The NYTIMES article from 1993
Donald J. Trump, who owns three casinos in Atlantic City, has sued the Federal Government, maintaining that allowing Indian tribes to open casinos discriminates against him.
The Trump lawsuit, filed Friday in Federal District Court in Newark, gives legal voice to fears that growth in legalized gambling threatens New Jersey's casino monopoly on the East Coast.
BIA CLUELESS Says Duwamish Tribe of Washington State
Well, yes, they are, or if not clueless, then willfully blind and ignorant. The BIA has mad so many mistakes, they CANNOT FIX THEM because fixing them would be problematic, never mind that it would be the right thing to do.
"Chief Seattle’s Duwamish Tribe has never abandoned its tribal relations. We are the Duwamish Tribe that signed the Point Elliot Treaty. We will continue to fight on.
There is ample precedence for the federal recognition of Point Elliot Treaty historic tribes in addition to the reservations--the historic Upper Skagit, Sauk-Suiattle, Stillaguamish, Samish and Snoqualmie Tribes have all been acknowledged since the 1970’s.
We find it disingenuous that the Bureau has labeled the Duwamish Tribe as a new 1925 organization in their attempt to create the scenario that we are not the continuing tribe. The Duwamish organized under a written constitution in 1925 to be more powerful in perusing its tribal rights. The Clinton administration recognized this change as evidence of tribal continuity in its 2001 positive determination of the Duwamish Tribe. The Clinton Administration reviewed the petition under the fundamental tenet of Federal Indian Law that statues and regulations enacted for the benefit of Indian Tribes are to be interpreted in their favor.
Does the BIA know us? They appear to be clueless. We will probably never get the original hard copy of this decision. The Bureau of Indian Affairs is apparently mailing the decision to an old Burien address we have not been at for 10 years. The BIA is ignoring the obvious--We are still here and thriving at the Duwamish Longhouse.
"Chief Seattle’s Duwamish Tribe has never abandoned its tribal relations. We are the Duwamish Tribe that signed the Point Elliot Treaty. We will continue to fight on.
There is ample precedence for the federal recognition of Point Elliot Treaty historic tribes in addition to the reservations--the historic Upper Skagit, Sauk-Suiattle, Stillaguamish, Samish and Snoqualmie Tribes have all been acknowledged since the 1970’s.
We find it disingenuous that the Bureau has labeled the Duwamish Tribe as a new 1925 organization in their attempt to create the scenario that we are not the continuing tribe. The Duwamish organized under a written constitution in 1925 to be more powerful in perusing its tribal rights. The Clinton administration recognized this change as evidence of tribal continuity in its 2001 positive determination of the Duwamish Tribe. The Clinton Administration reviewed the petition under the fundamental tenet of Federal Indian Law that statues and regulations enacted for the benefit of Indian Tribes are to be interpreted in their favor.
Does the BIA know us? They appear to be clueless. We will probably never get the original hard copy of this decision. The Bureau of Indian Affairs is apparently mailing the decision to an old Burien address we have not been at for 10 years. The BIA is ignoring the obvious--We are still here and thriving at the Duwamish Longhouse.
Sunday, July 5, 2015
Divide and CONQUER Part V: Pechanga Tribe's Splinter Group: Shameful Conclusion to Abuses via Tribal Disenrollment
We repost this originally from 2005, we had it on our blog in 2008. It's from the Manuela Miranda descendants, who were shamefully disenrolled from the Pechanga Band of Luiseno Indians in 2004. At the hands of their OWN relatives. France Miranda was cousin to the MM people. EVIL she is.
This segment of the Splinter Group saga will deal with some recent history. Since it is Father’s Day weekend, I think it is appropriate to look back three years ago to this very same weekend. It was then that the Splinter Group presented a petition to re-instate the Enrollment Committee Chairperson. The series of events surrounding her removal and the subsequent election of new Committee members, along with the choosing of a new Committee Chair, played important roles in their disenrollment effort.
I know, some of you may say we are skipping ahead a bit. However, as you read this, keep in mind that the Splinter Group is in the midst of disenrolling another family from Pechanga.(The Paulina Hunter Descendants) They can do this not because the family cannot prove their lineal descent from an Original Pechanga (Temecula) person,. they can do this solely on the basis that they have a voting majority on the Committee.
You must remember, the Splinter Group’s actions to break away from the Tribe and form its own government was based on the fact that they could not prove lineal descent, as set forth in the Tribe’s Constitution and Bylaws. The Splinter Group wanted to rely solely on “recognition” and continue to deny membership to rightful members by saying that they did not recognize them.
The tribe, in an effort to move away from this biased form of tribal membership, drafted and approved membership requirements and an enrollment application. As descendants of adopted members, the Splinter Group’s membership with the Tribe was in jeopardy. In fact most did not even attempt to enroll.
Let me remind you of some of the language used by the tribe in describing the Splinter Group and its actions to break away and form its own
government:
“…a small group of dissident individuals led by BM began attending
meetings and opposing everything that the Band had been working on
(I.e., Constitution and Bylaws and membership criteria) for the last
10
years.”
“ …twenty applications involved the descendants of adopted members.
The Enrollment Committee did not believe that such descendants were
eligible (for enrollment).”
“…, none of the individuals that were on the splinter group’s
“council”
are enrolled members of the Pechanga Band.”
“… we have a small group of perhaps twenty malcontents who simply
refuse
to comply with the will of the Band…”
Not only was the splinter group’s membership suspect, but heir ability to participate in Tribal affairs was in jeopardy as the tribe took the stance that “Non-Pechanga Indians will not be included in the membership; stepchildren and adopted children in general will not be included.”
So how have we gotten to where we are now? Very simply put, the Tribe, at a duly noticed meeting of the general membership, voted to adopt some of the members of the Splinter Group as tribal members. Since that date, they have participated in government and worked their way into positions on tribal committees that determine membership.
You will notice that the Tribe only adopted some of the splinter group’s members. There is concern that the Enrollment Committee, as recently as 2003, finding that another splinter group family lacked lineal descent, may have “adopted” them as members. This action would violate the customs and traditions of the Tribe, and it would clearly contradict the established procedure of calling a general membership meeting and voting on whether such an adoption should occur.
Since Father’s Day weekend 2002, the Splinter Group launched an offensive to do away with those Committee members and their families who had uncovered inconsistencies and violations of Tribal laws and procedures in the enrollment process.
You will recall that a member of the Tribal Council, as well as the new Committee Chair, requested and audit of the Enrollment Committee’s actions, and the Committee Chair requested legal assistance from the Committee’s attorney to address the violations. Shortly thereafter, the Committee’s attorney advised the Chair and some of its members that he was told not to provide them with any advice on the matter.
And, just a week later, the splinter group, through its members on the Enrollment Committee initiated disenrollment procedures against other members of the Committee and their families.
In just 2 short years, their actions have led to the disenrollment of one family, impacted the tribal council elections, and have led to the initiation of another disenrollment. What has happened to our Tribe!?!
I leave you with this passage taken from a Tribal letter to the BIA regarding the splinter group:“Butch Murphy is neither a recognized nor an enrolled member of the Pechanga Band; he has never shown and cannot show lineal descent from an original allottee; and he is also not an adopted member (of the Band)”
Something to chew on as we think about the situation our Tribe is in.
This segment of the Splinter Group saga will deal with some recent history. Since it is Father’s Day weekend, I think it is appropriate to look back three years ago to this very same weekend. It was then that the Splinter Group presented a petition to re-instate the Enrollment Committee Chairperson. The series of events surrounding her removal and the subsequent election of new Committee members, along with the choosing of a new Committee Chair, played important roles in their disenrollment effort.
I know, some of you may say we are skipping ahead a bit. However, as you read this, keep in mind that the Splinter Group is in the midst of disenrolling another family from Pechanga.(The Paulina Hunter Descendants) They can do this not because the family cannot prove their lineal descent from an Original Pechanga (Temecula) person,. they can do this solely on the basis that they have a voting majority on the Committee.
You must remember, the Splinter Group’s actions to break away from the Tribe and form its own government was based on the fact that they could not prove lineal descent, as set forth in the Tribe’s Constitution and Bylaws. The Splinter Group wanted to rely solely on “recognition” and continue to deny membership to rightful members by saying that they did not recognize them.
The tribe, in an effort to move away from this biased form of tribal membership, drafted and approved membership requirements and an enrollment application. As descendants of adopted members, the Splinter Group’s membership with the Tribe was in jeopardy. In fact most did not even attempt to enroll.
Let me remind you of some of the language used by the tribe in describing the Splinter Group and its actions to break away and form its own
government:
“…a small group of dissident individuals led by BM began attending
meetings and opposing everything that the Band had been working on
(I.e., Constitution and Bylaws and membership criteria) for the last
10
years.”
“ …twenty applications involved the descendants of adopted members.
The Enrollment Committee did not believe that such descendants were
eligible (for enrollment).”
“…, none of the individuals that were on the splinter group’s
“council”
are enrolled members of the Pechanga Band.”
“… we have a small group of perhaps twenty malcontents who simply
refuse
to comply with the will of the Band…”
Not only was the splinter group’s membership suspect, but heir ability to participate in Tribal affairs was in jeopardy as the tribe took the stance that “Non-Pechanga Indians will not be included in the membership; stepchildren and adopted children in general will not be included.”
So how have we gotten to where we are now? Very simply put, the Tribe, at a duly noticed meeting of the general membership, voted to adopt some of the members of the Splinter Group as tribal members. Since that date, they have participated in government and worked their way into positions on tribal committees that determine membership.
You will notice that the Tribe only adopted some of the splinter group’s members. There is concern that the Enrollment Committee, as recently as 2003, finding that another splinter group family lacked lineal descent, may have “adopted” them as members. This action would violate the customs and traditions of the Tribe, and it would clearly contradict the established procedure of calling a general membership meeting and voting on whether such an adoption should occur.
Since Father’s Day weekend 2002, the Splinter Group launched an offensive to do away with those Committee members and their families who had uncovered inconsistencies and violations of Tribal laws and procedures in the enrollment process.
You will recall that a member of the Tribal Council, as well as the new Committee Chair, requested and audit of the Enrollment Committee’s actions, and the Committee Chair requested legal assistance from the Committee’s attorney to address the violations. Shortly thereafter, the Committee’s attorney advised the Chair and some of its members that he was told not to provide them with any advice on the matter.
And, just a week later, the splinter group, through its members on the Enrollment Committee initiated disenrollment procedures against other members of the Committee and their families.
In just 2 short years, their actions have led to the disenrollment of one family, impacted the tribal council elections, and have led to the initiation of another disenrollment. What has happened to our Tribe!?!
I leave you with this passage taken from a Tribal letter to the BIA regarding the splinter group:“Butch Murphy is neither a recognized nor an enrolled member of the Pechanga Band; he has never shown and cannot show lineal descent from an original allottee; and he is also not an adopted member (of the Band)”
Something to chew on as we think about the situation our Tribe is in.
DIVIDE and CONQUER Part IV: The Pechanga Tribe's Splinter Group Sets Tribal Genocide in Motion
We are reprising a set of posts from 2008, from the Manuela Miranda Family of Pechanga, when fewer people understood what disenrollment was doing to Native people. People say, "why don't you ask the Native American Rights Fund for help? Well, we have, they told me the "didn't do Indian vs. Indian". Shamefully, NARF has the leader of a disenrolling tribe, Pechanga Chairman Mark Macarro on their board. Read on.....
When Hitler attacked the Jews I was not a Jew, therefore I was not concerned.
And when Hitler attacked the Catholics, I was not a Catholic, and therefore, I was not concerned.
And when Hitler attacked the unions and the industrialists, I was not a member of the unions and I was not concerned.
Then Hitler attacked me and the Protestant church -- and there was nobody left to be concerned.
Martin Niemoller, Congressional Record, 14 October 1968, page 31636
I am sure most of you are asking yourself why this installment regarding the Splinter Group starts with a quote about Hitler and the Nazis. Well, if you have not noticed, there is a new era of genocide rolling through Indian Country. This genocide is not at the hands of the Spanish government, nor is it a policy of the US government. No, this new genocide is being carried out by Indian people against Indian people.
Most people believe the word “genocide” means the actual physical killing off of a group or race of people. Genocide also refers to actions which attack the culture, soul, and mind of the people. Disenrollment is a pure example this.
The recent actions of the Splinter Group, and similar groups throughout Indian Country, are representative of those deeds of Hitler and the Nazis.
When Hitler attacked the Jews I was not a Jew, therefore I was not concerned.
And when Hitler attacked the Catholics, I was not a Catholic, and therefore, I was not concerned.
And when Hitler attacked the unions and the industrialists, I was not a member of the unions and I was not concerned.
Then Hitler attacked me and the Protestant church -- and there was nobody left to be concerned.
Martin Niemoller, Congressional Record, 14 October 1968, page 31636
I am sure most of you are asking yourself why this installment regarding the Splinter Group starts with a quote about Hitler and the Nazis. Well, if you have not noticed, there is a new era of genocide rolling through Indian Country. This genocide is not at the hands of the Spanish government, nor is it a policy of the US government. No, this new genocide is being carried out by Indian people against Indian people.
Most people believe the word “genocide” means the actual physical killing off of a group or race of people. Genocide also refers to actions which attack the culture, soul, and mind of the people. Disenrollment is a pure example this.
The recent actions of the Splinter Group, and similar groups throughout Indian Country, are representative of those deeds of Hitler and the Nazis.
Divide and CONQUER Part III: The Pechanga Tribe's Splinter Group: Don't Need No Stinkin' Paperwork
Part THREE in the story of how a group with no Pechanga blood gained control of the Pechanga Band of Luiseno Indians. Anyone wonder where the Bureau of Indian Affairs was in all this?
The Pechanga Band had a stable government for many years. Over a period of 10 years or so, the Band developed and adopted a Constitution and an Enrollment in response to the growing population on the reservation and the need of the Band for a more formal governing structure.
After the Constitution was adopted and the enrollment criteria decided upon, the Band proceeded to enroll approximately 450 members in full compliance with its enrollment procedures.
A small group of dissidents, led by Butch Murphy, refused to acknowledge the Band’s Constitution and the tribal enrollment process. In fact, they refused to apply for enrollment. This small group announced to the Pechanga Band at a tribal meeting that they were breaking away from the Band and forming their own tribal government.
Prior to breaking away from the Band, the Splinter Group took steps to disrupt the workings of the government.
Below are some quotes regarding the Splinter Group’s actions:
“…we never did get past the first item which was a petition circulated by JM to abolish the bylaws and new roll. They wanted to go by recognition only…If they don’t like you, you never get recognized though you would be a legitimate member by lineal descent.”
“…I felt we needed police protection. They were that violent.”
“…the violence of the opposition would not allow the continuance of agenda. Now they are starting their own band. This stems from agitators who probably do not have a Pechanga or Temecula back ground.”
“We may have to take legal action before something drastic happens here.”
These actions, along with their need to abolish the adopted Constitution and enrollment criteria and their failure to apply for enrollment, are signs that the Splinter Group “probably do not have a Pechanga or Temecula back ground.”
If they did have lineal descent and could meet the enrollment criteria developed and approved by the tribe, why was it necessary to cause such disruption of tribal government and eventually break away to form its own government with separate enrollment criteria?
Was their breaking away from the Band to form their own government a concession that they in fact could not meet the enrollment criteria and they were not tribal members as defined in the Band’s governing documents?
The Pechanga Band had a stable government for many years. Over a period of 10 years or so, the Band developed and adopted a Constitution and an Enrollment in response to the growing population on the reservation and the need of the Band for a more formal governing structure.
After the Constitution was adopted and the enrollment criteria decided upon, the Band proceeded to enroll approximately 450 members in full compliance with its enrollment procedures.
A small group of dissidents, led by Butch Murphy, refused to acknowledge the Band’s Constitution and the tribal enrollment process. In fact, they refused to apply for enrollment. This small group announced to the Pechanga Band at a tribal meeting that they were breaking away from the Band and forming their own tribal government.
Prior to breaking away from the Band, the Splinter Group took steps to disrupt the workings of the government.
Below are some quotes regarding the Splinter Group’s actions:
“…we never did get past the first item which was a petition circulated by JM to abolish the bylaws and new roll. They wanted to go by recognition only…If they don’t like you, you never get recognized though you would be a legitimate member by lineal descent.”
“…I felt we needed police protection. They were that violent.”
“…the violence of the opposition would not allow the continuance of agenda. Now they are starting their own band. This stems from agitators who probably do not have a Pechanga or Temecula back ground.”
“We may have to take legal action before something drastic happens here.”
These actions, along with their need to abolish the adopted Constitution and enrollment criteria and their failure to apply for enrollment, are signs that the Splinter Group “probably do not have a Pechanga or Temecula back ground.”
If they did have lineal descent and could meet the enrollment criteria developed and approved by the tribe, why was it necessary to cause such disruption of tribal government and eventually break away to form its own government with separate enrollment criteria?
Was their breaking away from the Band to form their own government a concession that they in fact could not meet the enrollment criteria and they were not tribal members as defined in the Band’s governing documents?
DIvide and CONQUER Part 2 : The Pechanga Tribe Splinter Group. Those That DO NOT Meet Membership Requirements Find Their Way into The Pechanga Band. PART TWO
A continuation of the story of the SPLINTER GROUP, the Concerned Pechanga People and the FAKES...
Some have asked who is BM (OP: Butch Murphy)? Are those the correct initials? Which families were those that could not meet the membership requirements? Which families formed the Splinter Group and the Concerned Pechanga People?
Well, BM are the correct initials. As for the families that could not meet the membership requirements and formed the Splinter Group, let’s just call them “M and M”. Sure, there are others that joined them, but the “M and M” families spearheaded the whole thing. But whatever you do, don’t expect to find the “M and M” families in any historical documents about the Temecula Indians.
More Splinter Group History
The Pechanga Band became concerned about the question of enrollment in the early 1970’s. Many years of debate and discussion led to the presentation of a proposed final enrollment application and proposed procedures.
Between 1979 and 1981, using the approved process, approximately 456 members were enrolled and given enrollment numbers. During the screening of applications, the Enrollment Committee returned approximately 45 that were incomplete and requested further information from the applicants. There were also about 20 enrollment applications that did not meet the standards set by the Band.
Those standards, found at Article II of the Band’s approved Constitution and Bylaws include the following:
Membership is an enrolled member documented in the Band's Official Enrollment Book of 1979.
Qualifications for membership of the Temecula Band of Luiseno Mission Indians are:
Some have asked who is BM (OP: Butch Murphy)? Are those the correct initials? Which families were those that could not meet the membership requirements? Which families formed the Splinter Group and the Concerned Pechanga People?
Well, BM are the correct initials. As for the families that could not meet the membership requirements and formed the Splinter Group, let’s just call them “M and M”. Sure, there are others that joined them, but the “M and M” families spearheaded the whole thing. But whatever you do, don’t expect to find the “M and M” families in any historical documents about the Temecula Indians.
More Splinter Group History
The Pechanga Band became concerned about the question of enrollment in the early 1970’s. Many years of debate and discussion led to the presentation of a proposed final enrollment application and proposed procedures.
Between 1979 and 1981, using the approved process, approximately 456 members were enrolled and given enrollment numbers. During the screening of applications, the Enrollment Committee returned approximately 45 that were incomplete and requested further information from the applicants. There were also about 20 enrollment applications that did not meet the standards set by the Band.
Those standards, found at Article II of the Band’s approved Constitution and Bylaws include the following:
Membership is an enrolled member documented in the Band's Official Enrollment Book of 1979.
Qualifications for membership of the Temecula Band of Luiseno Mission Indians are:
DIVIDE and CONQUER PART ONE : The Pechanga Tribe's SPLINTER Group. BIA Mistakes Lead to Corruption PART ONE
Our friends from the Manuel Miranda descendants published these stories 7 years ago. We think it's time to refresh some memories, and make sure new parties are informed.
What is the Splinter Group? Who are its members? What is its relationship to the so called Concerned Pechanga People? Why did they spearhead the Pechanga disenrollments?
Here is some information about the Splinter Group and the Concerned Pechanga People and their role in the disenrollments of legitimate Pechanga tribal members.
The information provided is available to the public and can be obtained from federal agencies through the Freedom of Information Act process. All quotes are taken directly from tribal and government documents obtained through the FOIA process.
Origins of the Splinter Group
In 1978 the Pechanga Band of Luiseno Indians adopted a Constitution and By Laws and an Enrollment procedure, all of which were to become effective on January 1, 1979. During 1979, the Band began operating under its Constitution and By Laws and began its first full year of accepting enrollment applications.
Everything went smoothly with these various processes until about mid-1980 when a small group of dissident individuals led by now councilmember BM (Butch Murphy) began attending meetings and opposing everything that the Band had been working for the past ten years. This group voiced its opposition in the name of “custom and tradition.” They so disrupted the regular Band meetings that nominations for the tribal council elections could not be held and had to be postponed until March of 1981 with the election to follow in April.
BIA MISTAKES
In the meantime, in October, 1980, BM and his followers announced that they were breaking away from the Band and forming their own tribe.
What is the Splinter Group? Who are its members? What is its relationship to the so called Concerned Pechanga People? Why did they spearhead the Pechanga disenrollments?
Here is some information about the Splinter Group and the Concerned Pechanga People and their role in the disenrollments of legitimate Pechanga tribal members.
The information provided is available to the public and can be obtained from federal agencies through the Freedom of Information Act process. All quotes are taken directly from tribal and government documents obtained through the FOIA process.
Origins of the Splinter Group
In 1978 the Pechanga Band of Luiseno Indians adopted a Constitution and By Laws and an Enrollment procedure, all of which were to become effective on January 1, 1979. During 1979, the Band began operating under its Constitution and By Laws and began its first full year of accepting enrollment applications.
Everything went smoothly with these various processes until about mid-1980 when a small group of dissident individuals led by now councilmember BM (Butch Murphy) began attending meetings and opposing everything that the Band had been working for the past ten years. This group voiced its opposition in the name of “custom and tradition.” They so disrupted the regular Band meetings that nominations for the tribal council elections could not be held and had to be postponed until March of 1981 with the election to follow in April.
BIA MISTAKES
In the meantime, in October, 1980, BM and his followers announced that they were breaking away from the Band and forming their own tribe.
6th Circuit Holds Indian Casino Bound by National Labor Relations Act (NRLA)
Sovereignty doesn't trump everything......
The National Labor Relations Board Decision
On April 1, 2011, the union filed a charge with the National Labor Relations Board (NLRB) alleging that the tribe’s no-solicitation policy violates sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act (NLRA). On March 26, 2012, the Administrative Judge (AJ) issued his decision and order finding that the NLRB had jurisdiction over the casino and tribe and that the tribe’s no-solicitation policy violated the NLRA.
The AJ determined that:
- Restricting operations at a casino on reservation land does not interfere with the tribe’s right of self-governance.
- The applicable treaties only provided for a general right of exclusion (of non-Indians) and did not bar application of an act of general applicability like the NLRA.
- Nothing in the language of the NLRA or its legislative history shows a congressional intent to exclude Indians from its coverage.
The Saginaw Chippewa tribe appealed the AJ’s decision to the NLRB, which adopted the AJ’s decision and order. The tribe then appealed to the U.S. Court of Appeals for the Sixth Circuit.
The Sixth Circuit Decision
On July 1, 2015, the Sixth Circuit issued a lengthy opinion concluding that the NLRA applied to the casino and entered judgment enforcing the NLRB’s order and denying the tribe’s petition for review. The Court acknowledged that Indian tribes have inherent sovereignty and stated that a federal statute should have a clear congressional intent to encroach on that sovereignty to be applicable to the tribes. However, on June 9, 2015, a panel of the Sixth Circuit had issued an opinion that the NLRB had jurisdiction over the Little River Band of Ottawa Indians’ casino based on an analytical framework for generally applicable federal statutes established in a Ninth Circuit case. The Sixth Circuit panel reviewing the issues in the Soaring Eagle case disagreed with a portion of the Little River holding, stating, “If writing on a clean slate, we would conclude that the Tribe has an inherent sovereign right to control the terms of employment with nonmember employees at the Casino, a purely tribal enterprise located on trust land. The NLRA, a statute of general applicability containing no expression of congressional intent regarding tribes, should not apply to the Casino and should not render its no-solicitation policy void.” But this panel of the Sixth Circuit is bound by the holding in the Little River case, so it ultimately ruled that the NLRA applies to the Soaring Eagle Casino and the NLRB has jurisdiction over the dispute.
Saturday, July 4, 2015
Happy 4th of July to All Original Pechanga Blog Readers. Continue the FIGHT for Our Rights!
Two hundred and thirty nine years ago, some of our greatest patriots created a document that has stood the test of time.
Independence Day 2015 marks the 11th year of termination for the Pablo Apish descendents from the Manuela Miranda family and the 9th year for the family of Original Pechanga Allottee Paulina Hunter, who Pechanga's expert proved was indeed Pechanga Indian. It's been more than a DECADE and a half for Moratorium people.
We will continue to fight for our rights as Pechanga people and continue to work for the rights of all disenfranchised Native Americans. America's independence was not won overnight and this struggle of ours, can't be won overnight either.
We must continue to educate our politicians and our local citizenry at every opportunity. We've had some successes and success breeds success. We need more friends and family to get involved and help keep the volume of the injustices perpetrated on Indian people...BY Indian people, mainly the corrupt tribal councils that proceed in stripping civil and human rights from Indian people across our country.
Please HELP us. How? By passing this blog along to your friends, by visiting here often and by sharing the link http://originalpechanga.com/ on your Facebook and Twitter pages and GOOGLE + each post.
You can help us be more visible and increased visibility is one way for us to combat the excessive amounts of money that gaming tribes have. We have already forced Pechanga to spend more money than they ever dreamed of to defend their despicable actions and we've shown their lies to Congress, causing them to lose an important water rights issue, TWICE.
Independence Day 2015 marks the 11th year of termination for the Pablo Apish descendents from the Manuela Miranda family and the 9th year for the family of Original Pechanga Allottee Paulina Hunter, who Pechanga's expert proved was indeed Pechanga Indian. It's been more than a DECADE and a half for Moratorium people.
We will continue to fight for our rights as Pechanga people and continue to work for the rights of all disenfranchised Native Americans. America's independence was not won overnight and this struggle of ours, can't be won overnight either.
We must continue to educate our politicians and our local citizenry at every opportunity. We've had some successes and success breeds success. We need more friends and family to get involved and help keep the volume of the injustices perpetrated on Indian people...BY Indian people, mainly the corrupt tribal councils that proceed in stripping civil and human rights from Indian people across our country.
Please HELP us. How? By passing this blog along to your friends, by visiting here often and by sharing the link http://originalpechanga.com/ on your Facebook and Twitter pages and GOOGLE + each post.
You can help us be more visible and increased visibility is one way for us to combat the excessive amounts of money that gaming tribes have. We have already forced Pechanga to spend more money than they ever dreamed of to defend their despicable actions and we've shown their lies to Congress, causing them to lose an important water rights issue, TWICE.
We'd like to wish all readers across the country a .
Happy 4th of July!
Happy 4th of July!
Thursday, July 2, 2015
Former Chukchansi Chairman Tex McDonald Sentence is ARMED TAKEOVER of Chukchansi Gold Casino
Former Chukchansi tribal chairman Tex McDonald has been sentenced for an armed takeover of the Chukchansi Gold Casino and casino office. He appeared before a Madera County judge Friday morning.
McDonald was sentenced to 485 days in jail but will be released on Friday because the judge gave him credit for time already served.
The Chukchansi casino in Coarsegold was forced to close after the October takeover attempt. It has remained closed ever since.
McDonald was sentenced to 485 days in jail but will be released on Friday because the judge gave him credit for time already served.
The Chukchansi casino in Coarsegold was forced to close after the October takeover attempt. It has remained closed ever since.
WIll BIA Adhere to its OWN PRECEDENTS in the San Pasqual Applicant Descendants Fiasco?
We've written about the San Pasqual issue, including the BIA being wrong for over a century in their dealings with the tribe and it's rightful heirs to membership. They've done wrong by them, they've refused to deal with the issue in an honest manner. Currently, Amy Dutschke has been playing fast and loose with the truth, in her own dealings with San Pasqual applicant descendants.
It seems the BIA has precedent for handling due process and procedural violations.
"Any procedural due process violations that might have been committed by a BIA Area Director by not insuring that interested parties were notified of the pendency of an appeal, or by not allowing all interested parties an opportunity to respond, are cured in an appeal to the Board, in which all parties are allowed a full opportunity to present their positions. " Cherokee Nation v. Acting Muskogee Area Director, Bureau of Indian Affairs, 29 IBIA 17 (1995).
What will the BIA do? Will they handle the situation so that the right thing is done? Will they correct the issues, even though doing so will mean some serious changes? Will they be able to overcome the problems they initiated? Riverside has NOTHING. And, Sacramento knows it. So, rather than doing the right thing, they are trying to shovel the nonsense from one desk to another, and from one office to another.
Or will they simply say that ..maybe...the statute of limitations has passed or something stupid like that?
READ MORE on San Pasqual:
BIA ADMITS to having documents in San Pasqual Applicants Case
San Pasqual Lawsuit
San Pasqual Split
San Pasqual Must Lose Right to Run Valley View
San Pasqual Members DENIED their Civil Rights says BIA
It seems the BIA has precedent for handling due process and procedural violations.
"Any procedural due process violations that might have been committed by a BIA Area Director by not insuring that interested parties were notified of the pendency of an appeal, or by not allowing all interested parties an opportunity to respond, are cured in an appeal to the Board, in which all parties are allowed a full opportunity to present their positions. " Cherokee Nation v. Acting Muskogee Area Director, Bureau of Indian Affairs, 29 IBIA 17 (1995).
What will the BIA do? Will they handle the situation so that the right thing is done? Will they correct the issues, even though doing so will mean some serious changes? Will they be able to overcome the problems they initiated? Riverside has NOTHING. And, Sacramento knows it. So, rather than doing the right thing, they are trying to shovel the nonsense from one desk to another, and from one office to another.
Or will they simply say that ..maybe...the statute of limitations has passed or something stupid like that?
READ MORE on San Pasqual:
BIA ADMITS to having documents in San Pasqual Applicants Case
San Pasqual Lawsuit
San Pasqual Split
San Pasqual Must Lose Right to Run Valley View
San Pasqual Members DENIED their Civil Rights says BIA
Honoring Ancestors, Gabrieleno Kizh Send Letters of Understanding in Repatriation of Tribal Remains
Andrew Salas, Chairman of the Gabrieleno Kizh Nation, a tribe which is currently not federally recognized, has sent letters of understanding out to local tribal leaders from Chumash, San Manuel and Pechanga.
The Pechanga tribe, led by chairman Mark Macrro earlier this year usurped the rights of the Gabrieleno people in taking possession of their ancestral remains that we posted about hereand also Tongva Nation objects to Pechanga..
This is a good effort at leadership on this issue by the Kizh
The Pechanga tribe, led by chairman Mark Macrro earlier this year usurped the rights of the Gabrieleno people in taking possession of their ancestral remains that we posted about hereand also Tongva Nation objects to Pechanga..
This is a good effort at leadership on this issue by the Kizh
Wednesday, July 1, 2015
Morongo Tribe Eyeballing Bid for Colt Gun Manufacturing
"Colt is an iconic business and we're sort of intensely interested in helping a business like that," Drew Ryce, attorney for the Morongo Band of Mission Indians, told Reuters on Tuesday. "Colt is the Gun that Won the West. We are the West."
The firearms manufacturer filed for bankruptcy on June 14 and is considering putting itself up for sale.
Ryce said the Banning, California-based tribe was looking to diversify its economy and an East Coast manufacturer would balance the tribe's focus on retail, gambling and hospitality in Southern California.
A Colt spokesman declined to comment.
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