And now:Ish <[EMAIL PROTECTED]> writes:
Thank you very much for passing this along..:) Ish
From: [EMAIL PROTECTED]
Received: from [EMAIL PROTECTED]
by imo29.mx.aol.com (IMOv20.21) id kUPFa20057 (7807);
Mon, 28 Jun 1999 14:20:59 -0400 (EDT)
Message-ID: <[EMAIL PROTECTED]>
Date: Mon, 28 Jun 1999 14:20:58 EDT
Subject: Indian Country Stories
These were written by my friend Douglas Casgraux (Choctaw). He has asked me
to forward them on to you for posting. Thanks! Martha Crow
COALITION OF TRIBES SEEK INJUNCTION AGAINST TOBACCO SETTLEMENT
by Douglas Casgraux
[EMAIL PROTECTED]
San Francisco, CA.--- A coalition of Indian tribes brought an injunction
against the leading Tobacco Companies, late Tuesday, June 22nd . The
injunction filed in the U.S. District Court, seeks to block part of the
settlement between the tobacco manufacturers and the 46 settling states in
the 206 Billion dollar, " Master Settlement" agreement.
The request for preliminary injunction filed in the Federal Courtroom of the
Honorable, Marilyn Patel, follows a previous lawsuit field by the tribes
earlier this month on June 2nd by the same lawfirm of Alexander, Hawes and
Audet . The suit argues the settlement reached last November between Big
Tobacco and the 46 states, does not provide for direct payments to Native
Americans, and infringes on tribal sovereignty.
"This injunction is needed to protect settlement money the tribes think is
rightly theirs for damages and HealthCare costs", says lead attorney,
William Audet who filed the action for over 100 tribes. "We want all Native
Americans to benefit from this settlement. This will keep what is theirs
from being lost in the general accounts which are now being set up by the
states."
The injunction points out that all settlement monies being paid to each of
the 46 states is based on figures from the U.S. Census Bureau, which
includes the American Indian population. The amounts being collected are now
collecting in escrow accounts until they will be allowed to be released; the
injunction calls for a portion of the payments based on each states tribal
population, to be directed to a separate fund.
"In a state like California, for example, about 234 million of the states 25
billion settlement is based on its tribal population" Audet said.
In total the tribes maintain that they are entitled to 1 Billion Dollars of
a 206 Billion Settlement agreement to be paid over the next 25 years. The
Tobacco Manufactures, facing thousands of lawsuits nationwide, as a result
of smoking and advertising to youths, sought an early settlement to limit
their litigation costs and liability.
"Our people were counted into the Master Settlement Agreement, we should
benefit from it as well. 40% of Native Americans are smokers, who will pay
for our health-related costs, not I.H.S., I assure you." Stated, Marla
Big-Boy, Attorney General of the Coville Confederation of Tribes.
The injunction also asks the court to block a portion of the nationwide
settlement which interferes with tribal sovereignty. " Since tribes are
sovereign entities, and are on a government to government relationship with
the United States; the agreement should be deemed invalid since it forces
itself on the sovereignty of the tribes." Audet said.
The hearing on the injunction request is expected in late August.
For More Information:
Alexander,Hawes & Audet: 1-800-724-1776
or, http://www.tobaccolitigation.com.
TRIBES SUE TOBACCO COMPANIES!!!
Classaction suit filed, while Tribes see their rights go up Smoke!
By Douglas Casgraux
Oakland, CA�The American Indian Charter School was the scene of a historic
press conference, held Thursday June 3rd, as various tribal chairman and
representatives spoke to the media present, as plaintiffs in the 1 billion
plus Classaction lawsuit against tobacco manufactures, Philip Morris Inc,
R.J. Reynolds,
American Tobacco, Brown&Williamnson, Lorillard Tobacco who have been named
as defendants. The lawsuit filed in U.S. District Court in San Francisco,
alleges that the civil rights of American Indians were violated when a deal
was struck between the tobacco companies and Attorney Generals from 46
states. The settlement would involve a $206 Billion dollar pay-out to those
states for reimbursement in health care costs and damages which have been
sustained due to misleading cigarette advertising. " With the challenge by
the tribes against �The Master Settlement Agreement� I doubt the tobacco
companies will be cutting any checks soon" says Richard Alexander, attorney
who�s firm, Alexander,Hawes and Audet filed the suit late Wednesday on
behalf of tribes. " It is appalling to think just what kind of precedent is
being set here for the 21st century. We have a corporations joining with
state governments to violate the Sovereign rights of Native peoples all
under the guise of what�s best for their citizens. This sounds a lot like
the same old story, except this time the Indians are not expendable." Says
Alexander. Some 24 tribes have joined in the suit, which claims that
although the Native American population constitutes over 2 million; that
Indian people have a higher than average percentage of smokers: 39% of
adults, 41% of High School Seniors and 47% of women of reproductive age.
Yet there is no provision for direct use of funds in the "Master Settlement
Agreement".
In the recent report from the Surgeon General, sights that smoking related
deaths and illnesses have rose steadily nearly 30% between 1990-95; with no
apparent decline on the horizon. Mostly due from the addictive chemical
additives which serve as nicotine enhancers which make it impossible to quit
smoking.
Bernie Teba, ( Santa Clara Pueblo/Navajo) Executive Director of the 8
Northern Pueblos of New Mexico, which includes the Pueblos of Taos, San
Juan, Santa Clara, San Idephonso, Nambe, Pojoaque and Tesuque said about the
case:
"This is an issue of the health and tribal sovereignty of all Indian People.
The 8 Northern Pueblos board of Governors feel we need to protect our people
from this terrible violation of our rights and to ensure our future. The New
Mexico Governor,
Gary Johnson and then, Attorney General, now Congressman Tom Udall entered
into an agreement with our Pueblos then betrayed us all by this double
dealing tobacco agreement. This violates the spirit and intent of our State
and Tribal agreements. To make things worse, it excludes our tribes and all
our Native people.
Who will help the 40% of our people who will die from smoking related
illnesses?
We are on the brink of a new millenium, and still these people come to us
with words and promises, already cutting deals that will hurt , or worse,
kill our people."
In response to the Classaction suit brought by the Pueblos and other Tribes,
Congressman Tom Udall ( R ) who signed the "Settlement Agreement" for New
Mexico, had this say: "I think its great that Native Americans are suing,
and wish them all the best! The �Settlement Agreement� protects them so they
can bring lawsuits against the Tobacco Companies. We very carefully and
specifically protected their rights. If paragraph 6 was not in the
agreement, tobacco companies could say to the Indian tribes, �You�ve been
taken care of, your claims are extinguished�. I think its great that
various tribes are exercising their rights by suing and I hope they win a
substantial recovery. There is nothing is the way of the Legislature from
including the tribes in the process. I would encourage the New Mexico
Legislature to include all the tribes in the settlement."
Lead counsel Bill Audet who is representing the tribes responded to the
Congressman�s remarks saying, " I�m glad to see Congressman Udall supports
our position, and realizes that mistakes were made by the parties in the
settlement agreement by not including Native American representatives in the
settlement negotiations. Native Americans are looking for their fair-share
of the settlement proceeds and direct involvement in campaigns addressing
youth addiction within tribal territories."
To get a clearer picture of what is at stake for all Native Americans, we
must look further into the "agreement" itself.
In the "Master Settlement Agreement" set forth by the cigarette
manufacturers and the Attorney Generals representing the States, Section 12:
"The Settling of States, Release, Discharge and Covenant" Paragraph- 6,
reads as follows: "The settling States, do not purport to wave or release
any claims on behalf of Indian tribes"
Then in Section 17 (ff) we find the true scope of this over 300 page
agreement under the heading: " Actions Within Geographic Boundaries of
Settling States" which reads: " To the extent that any provision of this
agreement expressly prohibits, restricts, or requires any action to be taken
�within� any Settling State or the Settling States, the relevant
prohibition, restriction, or requirement applies within the geographic
boundaries of the applicable Settling State or Settling States, including,
but not limited to, INDIAN COUNTRY OR INDIAN TRUST LAND WITHIN SUCH
GEOGRAPHIC BOUNDARIES" Therefore, without consultation or consent from any
tribe or sovereign nation, the agreement directly imposes itself on the will
of Native Americans. Shortly after the "Master Agreement" was entered into
by the States and Big Tobacco, the Cigarette Companies raised the price of
tobacco products fifty-cents a pack World wide, to pay for their Settlement
with the states.
This price-fixing tactic, if not related to the big money action would have
been protested by State and Local Governments, was winked at as an
additional tax benefiting the States by paying any off-set costs by smoking
related illnesses.
But when we realize that no provisions exist for Indian people, we then
realize that not only is there no compensation within the "Master
Agreement", but Indian People are footing the bill for the Tobacco
Companies by paying the increased fifty-cents per pack, for the settlement
HealthCare of "Whites" and all other minorities; remember "Indian Tribes"
are the only Americans not listed in the tobacco settlement. Additionally,
each states formula for recovery, how much it would be paid, was based on
the total population of that state which includes, (you guessed it) all the
Indian Tribes located within the states boundaries.
" Every State that brought claims against the tobacco companies did so on
several theories of recovery" says Marla Big-Boy, Associate Attorney General
for the Colville Confederation of Tribes. " Including reimbursement for
HealthCare, false advertising and youth addiction. None of which is an
available as a remedy for those seeking restitution or compensation with
this agreement."
Not so, says Paul Bardacke, former Attorney General of New Mexico and Lawyer
representing New Mexico as co-counsel in the negotiations with the tobacco
giants
"Under paragraph-6, any claims that the tribes had, they still have.
Hopefully the money that will be collected as a result of this settlement
will be shared with the tribes. The states sued the cigarette companies to
recover damages to Medicaid and other State services. Indians are paid by
I.H.S and Federal Dollars, we could not represent them because they are a
sovereign entities. If we had we would probably be facing lawsuits now from
the tribes. If they have claims, let them assert them."
But lawsuit lead counsel Audet points out: "Every tribe is different, not
every tribe receives full reimbursement of I.H.S. dollars. Through the
settlement agreement, even though no tribal leaders were consulted, the
agreement directly interferes with tribal sovereignty, and in doing so, may
have provided and argument for the tobacco companies to defeat tribal claims
of false advertising. When we take into account that 40% of all Native
Americans are hooked cigarette smokers and will sustain some form of smoking
related illness, and we take into account that the Tobacco Companies settled
with all 50 states and all the U.S. territories, but did not engage in
settlement discussions with any tribe-even tribes with pending litigation;
one can only wonder about the basis for their decision to exclude Native
Americans."
MAKAH NATION SUFFERS RACIST BLACKLASH, A RESULT OF WHALING
by Doug Casgraux
Seattle, WA.-In what can be described as a racist frenzy, Makah Nation
Members and Native Americans through out the Northwest are feeling a
backlash sparked as a result of the Makah tribes first gray-whale hunt in
decades. But environmentalist concern has gone beyond caretaking for the
whales and into deeper more murky waters than those of the Pudget Sound. As
environmentalists block the main road into the Makah Nation in protest, hand
held signs reading, "SAVE A WHALE..SPEAR A PREGNANT MAKAH" can be seen along
with other less tasteful parodies showing Native-like characters, in boats
fishing. Dummies representing Native Americans have been burned in effigy,
while one protesting group circulates a petition to change the name of
Seattle, to a non-Indian name.
"..This all started out about us catching a whale, and has ended up showing
really how good and kind these folks[environmentalists] are. Our people
have been attacked coming on and going off the reservation, we�ve been
called words like "Dirty Indian" "Red-Niggers" "Lazy-Indians" "Killers".
Our little children have had rocks thrown at them, and even our Native
People from other tribes have been attacked throughout the area." says Ben
Johnson, Makah Tribal Chairman.
Far south of the Makah homeland of Neah Bay, The Daybreak Star Indian
Cultural Center located on the Puyallup Reservation, near Tacoma received
several bomb and death threats after Puyallup tribal members helped the
Makah tow the whale into shore. " A bomb threat was called to the largest
radio station in Seattle in retaliation to our supporting the Makah�s treaty
rights to whale, and evacuated our school. We support anyone�s right to
protest or disagree with treaties, but to hurt the children? These
environmentalists are essentially saying one whale equals 1,200 of our kids.
Its interesting that the folks who are supposed to be so in harmony with
nature, are suggesting to kill children to save a whale. The 12 tribes
support the Makah whaling rights under their treaty, remember the U.S.
Constitution is an over-lay to these treaties, and the First Nations People
of Washington State, hold treaties on a Government to Government
relationship. Why is it when the First Peoples try to exercise their rights
under their treaties, they are attacked or dealt out?." Says, Kari-Lynn
Frank, Public Affairs Director for the Puyallup Nation.
Under the treaty rights affirmed in U.S. Federal Court, the Makah�s tribal
rights to whaling as part of their culture, were upheld after protesters
sought an injunction to stop the tribe from acting on the 1855 treaty
established with the U.S. Government when many of the Makah lands were
ceded to what is now Washington State. The tribe also gained support from
the International Whaling Commission to hunt as many as five whales a year
through 2002, at which case the number will be reviewed. The Makah
voluntarily stopped hunting the Gray Whales in the1920�s when the whale
population was put on the endangered species list; nearly decimated by
(white) European and American whaling interests, (seeking whale oil for
lighting and bone) after 80 short years of plundering off the West Coast of
the United States, Canada and Mexico.
"These people have no clue! They accuse us of destroying the environment,
when we initially are the protectors of it. We are returning to our way of
life we�ve practiced for atleast three thousand years." Said, Keith
Johnson, President of the Makah Whaling Commission. " We�re allowed to take
five a year, but we�ll only take what we need, just like our ancestors, we
are good stewards of our resources. These people out here, it was their
ancestors who almost made the Gray whales extinct because of their greed,
they truly have it backwards." All the whale meat and by-products
resulting from the catch are not for sale, but are consumed by the Makah and
shared among other guests in a potlach-type ceremony, ( a Native American
custom, were the host distributes wealth, food and belongings to all the
guests) many from other neighboring tribes in the local area. Whales are at
the heart of Makah culture and can been seen everywhere in Neah Bay; their
images decorate traditional regalia and drums used in ceremony, to the
tribal offices and the local reservation school. The Makah petitioned to
resume the hunts when Gray Whales were removed from the Endangered Species
List in 1994. Scientists from U.S. Dept of Fish and Game and the Department
of the Interior, have estimated the current Gray Whale population at 26,000
mammals, an astounding rebound from an estimated 4,000 in only seventy five
years.
"I don�t care if a whale is being hunted by the Makah�s, Japanese or the
Tongans, we will oppose it" says, Paul Watson, of the Sea Shepherd
Conservation Society;
who vows to keep his 95-foot vessel, "Sirenian" in Neah Bay as a vigil to
stop the next Makah hunt. In an open-letter from the group: "Animal Lovers
International" the following excerpt was addressed to the Makah Agency.
"Concerning your stubborn efforts to still hunt down and hurt one of our
earth�s gray whales for no apparent reason except to prove you people are
about illiterate as 14th century witchhunters, I must say this will not be
tolerated�If one more of our wild babies of the sea is harmed in anyway, the
consequences to you and your idiot tribe will be swift and severe. You will
have no idea what hit you when we are through..I suggest you stupid
sonsabitches rethink any harm in mind for our babies of the sea or you will
face beatings around the head and neck area, possible castration, loss of
limbs
and anything else deserving death. Also you economic future will be nil,
infact you bastards will be so bad off you�ll want to commit suicide."
Although this may sound like the ravings of a Wiccan, new-age enviromenalist
crack-pot, other letters and callers to local talk-radio programs across
Washington have heard some of the same
hate rheortic. Fern Christenson, activist, in an open on-line appeal from
the Spokane area, rebuked the Makah, " Weren�t those ancestors of yours
grateful, solemn and prayerful people? Didn�t they mourn the loss of one of
Gods creatures while celebrating what its demise meant to their survival?
Sorry, but these modern so-called hunters resemble just another group of
egotists gloating after killing for the fun of it�A beautiful, intelligent
and relatively rare creature has been slaughtered so the Makah people can
sit on the beach and chew blubber again after 70 years of doing without
it..Hopefully the Makah people are creative enough to focus on ways to
revere the whale without slaughtering it. Countless other cultures have
evolved, now its your turn, time for you to abandon the archaic and
destructive traditions from your past." It seems even Washington State
Senator, Slade Gorton ( R) has weighed against the by saying " The Makah and
their whale hunt was an extraordinarily foolish move, an affront to the
sensibilities of tens of millions of their fellow Americans. We can only
hope they would reconsider any more of these future activities." " HOW
RIDICULOUS!, says, Keith Johnson, President of the Makah Whaling Commission.
" Anyone who knows about Slade Gorton, knows he hates Indian people. His
family owns, the Gorton Fish Company and [has] tried for years and lost
against the Northwest Indian Tribes, in Federal Court, to stop us from
fishing in our historic waters which were upheld by Government under our
treaty rights. Gorton is a hypocrite, and has spun more hatred against the
First People of Washington any of his other predecessors. This is the first
time in history Slade Gorton has ever been on the side of
environmentalists."
Carol Craig, Public Information Manager, Tribal Historian and writer for the
Yakima Nation, has seen first person the handiwork of
environmentalist-racism.
"I went up to the Makah Nation to cover the whaling story for our tribal
paper
�Sin-Wit-Ki� and couldn�t believe the generosity and hospitality extended to
me by the Makah people. I was amazed at how well they treat their children
and how well they speak of their women. We were all together in unity and
all of us First Nations people felt proud to see the revival of the ancient
customs and were very touched has the Spiritual Leaders Blessed and Honored
the Whale. As I left the reservation and drove into Port Angeles, I was
refused service at the Jiffy Lube. Being told that they were too busy to
wait on me, but they had no customers. I then went to have my film
developed at a local camera store, and after returning the 20 minutes I was
told it would take to process my pictures; was told they didn�t develop my
kind of film, the woman standing in front of rows and rows of the same film
stock I was using, a big grin on her face. Ive talked to other Makah who
have told me of harassment they�ve received since the hunt and the two SSCS
( Sea Shepherd Conservation Society) ships have been off the coast in Neah
Bay. Hateful phone messages, death threats, notes and derogatory drawings
have appeared in town posted over night."
Paul Watson, of SSCS disagrees: " We�re receiving death threats too! Look
our involvement in this is not racial. Ive told Makah members to do what
we�re doing, report all threats to the FBI. We are only one of several
groups who have been out near the sight [whale migration], I don�t advocate
violence against Native Americans; I was a medic at Wounded Knee. I think
its sad and appalling that anyone would say their into saving whales while
committing hate crimes based on race. If the Makah can show us a document
from the International Whaling Convention approving their hunt, then we�ll
go. We have worked with other Indian Tribes here and in Canada; we�re not
opposing the Alaska Bow-Head hunt.
We�ve had Makah elders at many of our functions. If anyone supporting us is
doing acts of hate and violence against the Makah, we�ll assist them in
prosecuting the guilty."
" They have taken 150years of good-will between our people and thrown it
away"
says, Ben Johnson, Makah Tribal Chairman. " Nasty Web-Pages filled with
hate, bomb threats, names, vandalism, patrons have even been assaulted going
into Casinos, just because their Indian Casinos. It disgusting! We should be
moving forward, not backward with each other, not White against Indian,we
are all sacred and brothers just like Chief Seattle said, and as such should
learn to respect each others cultures and not fear them as we enter a new
millenium."
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/
&&&&&&&&&&&&&&&&&&&&&&&&&&
