And now:Ish <[EMAIL PROTECTED]> writes: Date: Wed, 15 Sep 1999 02:12:40 -0500 To: (Recipient list suppressed) From: [EMAIL PROTECTED] Subject: Potawatomi Indians go to court over plates for vehicles Potawatomi Indians go to court over plates for vehicles http://cjonline.com/stories/091599/kan_tribalplates15.shtml By ANDREA ALBRIGHT The Capital-Journal MAYETTA -- The Prairie Band of Potawatomi is intent on being in the driver's seat of its tribal destiny. Literally. The tribe on Tuesday took another step toward sovereignty by filing documents in federal court in Topeka in an effort to force the state to recognize its tribal license plates. "By refusing to recognize tribal license plates, the (Kansas) revenue department has impaired Indian rights and broken this promise that was made by the state of Kansas more than 100 years ago," the tribal council said. Three separate documents were filed -- a complaint for declaratory and injunctive relief, a motion for a temporary restraining order and application for preliminary injunction, and a memorandum in support of the motion. In a statement, the tribal council said the license plates had been issued under tribal laws. By refusing to recognize the plates, the Kansas Department of Revenue was discriminating against Indian governments, the council said. "The (state's) actions have unlawfully impaired the nation's sovereign right of self-government," the council said. Named as defendants were Karla Pierce, state secretary of revenue; Sheila Walker, director of vehicles; and Don Brownlee, superintendent of the Kansas Highway Patrol. John Eichkorn, patrol spokesman, said his agency hadn't received a copy of the documents late Tuesday afternoon, but he said the tribe had been waiting for a ticket to be issued before going to court. "Something had to have happened for them to put us on a restraining order," he said. "But we're going to have to wait and see what the document says and go from there." In April, about a dozen Potawatomis drove vehicles with tribal tags to the Jackson County Sheriff's Department, but deputies refused to issue citations. The tribe is requesting that defendants be kept from enforcing Kansas motor vehicle registration or titling laws until the court has ruled on the motion for preliminary injunction. The first hearing is set for Friday. The tribal council said it hoped the court would understand that the revenue agency was unlawfully prohibiting tribal tags and that its enforcement of state laws interfered with tribal government. Angela Goering, spokeswoman for the state revenue agency, said her office hadn't reviewed the filings and wasn't prepared to comment. Reprinted under the Fair Use http://www4.law.cornell.edu/uscode/17/107.html doctrine of international copyright law. &&&&&&&&&&&&&&&&&&&&&&&&&& Tsonkwadiyonrat (We are ONE Spirit) Unenh onhwa' Awayaton http://www.tdi.net/ishgooda/ UPDATES: CAMP JUSTICE http://shell.webbernet.net/~ishgooda/oglala/ &&&&&&&&&&&&&&&&&&&&&&&&&&
