Post by blackcrowheart on Mar 28, 2007 21:00:05 GMT -5
Lawsuit seeks alcohol ban enforcement
By PHIL FEROLITO
YAKIMA HERALD-REPUBLIC
About six years have passed since the Yakama Nation enacted an alcohol ban
on its reservation, and now a tribal member is seeking a federal court order to
enforce it.
Alcohol sales continue on the 1.2-million-acre reservation, and plaintiff
Marlene White blames the government for not enforcing federal liquor laws that
prohibit alcohol sales on reservations without tribal permission.
Her lawsuit also claims the federal government isn't abiding by the 1855
Treaty, which bars alcohol from the Yakama reservation.
"There has been no enforcement," White says. "When we first started the
alcohol ban in reference to our treaty, we were successful in getting rid of the
state liquor stores, but since then nothing has been done."
Earlier this month, she filed a lawsuit in U.S. District Court in Yakima
seeking a court order after witnessing alcohol sales at Harold's General
Merchandise and the Spur Tavern, both situated deep within the reservation
boundaries in Harrah.
Tribal attorney Jack Fiander considers it a straightforward case and expects
a decision in about six months.
In fighting such cases, many tribes have been successful in regulating and
taxing alcohol on their reservations.
But in banning alcohol, most of those tribes have lacked the legal power the
Yakamas have in their treaty, Fiander said.
The lawsuit is being dedicated to the late William Yallup, a longtime tribal
councilman who supported the ban, and Beatrice Sockzehigh, who recently died
and was another strong supporter of the ban, Fiander said.
The number of businesses that would be affected by a ruling in favor of the
ban would depend on which laws were enforced, treaty or federal, Fiander said.
Treaty law -- which bars alcohol from being brought onto the reservation --
would stop alcohol sales at more than 40 businesses on the reservation, said
Fiander, who helped initiate the ban.
But if federal liquor laws were enforced, it would affect only about four
businesses, the two in Harrah, as well as Allen's Market west of Wapato and the
Mount Adams Country Club outside Topboy thingyh, he said.
Federal laws apply to communities on reservations that are mostly populated
by tribal members.
Business owners wouldn't comment on the issue, saying they knew nothing about
the recently filed case.
Topboy thingyh City Councilwoman Elaine Willman -- also director of a local group
formed to combat the alcohol ban -- said the tribe will have a fight on its
hands if it attempts to enforce the ban on non-Indians.
She contends that non-
Indians on nontribal land within the reservation are under state, not
tribal, jurisdiction.
"If it is to extend tribal jurisdiction over non-Indians on this checkerboard
(of land ownership) reservation, then they're barking up the wrong tree
again," she said. "They know they're going to get a fight because they know they
are exceeding their authority, treaty or not."
But White says alcohol has caused only harm to tribal members since being
brought here more than 150 years ago.
"We don't want to infringe on anyone's rights," she said. "It has infringed
on our rights."
Of the 11 deaths caused by accidents on the reservation last year, six were
alcohol-
related and four involved tribal members, according to the Washington State
Patrol.
The year before, 13 deaths were caused by alcohol-related accidents, in which
eight were tribal members, according to the state patrol.
Out of the roughly 30 cases investigated each month by the state's Child
Protection Services office in Topboy thingyh, more than 80 percent involve tribal
members and alcohol, said Helen Zack, tribal liaison and CPS program manager.
Under federal law, alcohol sales are allowed only on reservations where
tribes have adopted laws regulating sales.
The Cheyenne River Sioux Tribe in South Dakota won such a case in 1993 and
now regulates alcohol sales on its reservation.
Abiding by their treaty, the Yakamas never adopted any laws permitting or
regulating alcohol sales.
An opinion issued on March 30, 2001, by then U.S. Attorney Jim Shively in
Spokane characterized two towns here -- Topboy thingyh and Wapato -- as non-Indian
communities because more non-Indians than Indians live there.
Not long after the 1855 treaty was signed, the federal government allowed
non-Indians to acquire tribal lands. Together, the two towns account for more
than 35 liquor licenses.
Also, the opinion vaguely stated that alcohol sales were probably legal in
those two towns, but illegal elsewhere on the reservation.
Shively died not long after issuing the opinion.
U.S. Attorney Office spokesman Tom Rice in Spokane said his office is
currently reviewing the case.
Although the ban led to the state moving its liquor stores out of Wapato and
Topboy thingyh and the closure of two taverns for chronically violating state
liquor laws, not much else has changed, said tribal attorney Elmer Ward.
Safeway in Topboy thingyh is the only store to voluntarily abide by the ban, and
it continues to keep alcohol from its shelves.
At the very least, businesses outside Topboy thingyh and Wapato shouldn't be
selling alcohol, Ward says.
"As petitioners, our opinion is that the entire reservation is subject to the
federal liquor laws," he said. "We feel that all the licensees licensed by
the state have run afoul of the federal liquor laws."
Tribal leaders couldn't be reached for comment.
Ward says the lawsuit merely echoes the tribe's efforts in enacting the ban.
"I think the tribe was very adamant and very clear of its position," he said.
Pointing to the Constitution, which says treaties made with the federal
government shall be the supreme law of the land, Fiander said Shively's opinion
didn't specifically address the treaty, and now it's up to a judge to decide.
"He really didn't get into whether treaty law supersedes federal liquor
laws," he said. "Before anything could happen, he passed away."
* Phil Ferolito can be reached at 837-6111 or pferolito@yakimaherald.com.
By PHIL FEROLITO
YAKIMA HERALD-REPUBLIC
About six years have passed since the Yakama Nation enacted an alcohol ban
on its reservation, and now a tribal member is seeking a federal court order to
enforce it.
Alcohol sales continue on the 1.2-million-acre reservation, and plaintiff
Marlene White blames the government for not enforcing federal liquor laws that
prohibit alcohol sales on reservations without tribal permission.
Her lawsuit also claims the federal government isn't abiding by the 1855
Treaty, which bars alcohol from the Yakama reservation.
"There has been no enforcement," White says. "When we first started the
alcohol ban in reference to our treaty, we were successful in getting rid of the
state liquor stores, but since then nothing has been done."
Earlier this month, she filed a lawsuit in U.S. District Court in Yakima
seeking a court order after witnessing alcohol sales at Harold's General
Merchandise and the Spur Tavern, both situated deep within the reservation
boundaries in Harrah.
Tribal attorney Jack Fiander considers it a straightforward case and expects
a decision in about six months.
In fighting such cases, many tribes have been successful in regulating and
taxing alcohol on their reservations.
But in banning alcohol, most of those tribes have lacked the legal power the
Yakamas have in their treaty, Fiander said.
The lawsuit is being dedicated to the late William Yallup, a longtime tribal
councilman who supported the ban, and Beatrice Sockzehigh, who recently died
and was another strong supporter of the ban, Fiander said.
The number of businesses that would be affected by a ruling in favor of the
ban would depend on which laws were enforced, treaty or federal, Fiander said.
Treaty law -- which bars alcohol from being brought onto the reservation --
would stop alcohol sales at more than 40 businesses on the reservation, said
Fiander, who helped initiate the ban.
But if federal liquor laws were enforced, it would affect only about four
businesses, the two in Harrah, as well as Allen's Market west of Wapato and the
Mount Adams Country Club outside Topboy thingyh, he said.
Federal laws apply to communities on reservations that are mostly populated
by tribal members.
Business owners wouldn't comment on the issue, saying they knew nothing about
the recently filed case.
Topboy thingyh City Councilwoman Elaine Willman -- also director of a local group
formed to combat the alcohol ban -- said the tribe will have a fight on its
hands if it attempts to enforce the ban on non-Indians.
She contends that non-
Indians on nontribal land within the reservation are under state, not
tribal, jurisdiction.
"If it is to extend tribal jurisdiction over non-Indians on this checkerboard
(of land ownership) reservation, then they're barking up the wrong tree
again," she said. "They know they're going to get a fight because they know they
are exceeding their authority, treaty or not."
But White says alcohol has caused only harm to tribal members since being
brought here more than 150 years ago.
"We don't want to infringe on anyone's rights," she said. "It has infringed
on our rights."
Of the 11 deaths caused by accidents on the reservation last year, six were
alcohol-
related and four involved tribal members, according to the Washington State
Patrol.
The year before, 13 deaths were caused by alcohol-related accidents, in which
eight were tribal members, according to the state patrol.
Out of the roughly 30 cases investigated each month by the state's Child
Protection Services office in Topboy thingyh, more than 80 percent involve tribal
members and alcohol, said Helen Zack, tribal liaison and CPS program manager.
Under federal law, alcohol sales are allowed only on reservations where
tribes have adopted laws regulating sales.
The Cheyenne River Sioux Tribe in South Dakota won such a case in 1993 and
now regulates alcohol sales on its reservation.
Abiding by their treaty, the Yakamas never adopted any laws permitting or
regulating alcohol sales.
An opinion issued on March 30, 2001, by then U.S. Attorney Jim Shively in
Spokane characterized two towns here -- Topboy thingyh and Wapato -- as non-Indian
communities because more non-Indians than Indians live there.
Not long after the 1855 treaty was signed, the federal government allowed
non-Indians to acquire tribal lands. Together, the two towns account for more
than 35 liquor licenses.
Also, the opinion vaguely stated that alcohol sales were probably legal in
those two towns, but illegal elsewhere on the reservation.
Shively died not long after issuing the opinion.
U.S. Attorney Office spokesman Tom Rice in Spokane said his office is
currently reviewing the case.
Although the ban led to the state moving its liquor stores out of Wapato and
Topboy thingyh and the closure of two taverns for chronically violating state
liquor laws, not much else has changed, said tribal attorney Elmer Ward.
Safeway in Topboy thingyh is the only store to voluntarily abide by the ban, and
it continues to keep alcohol from its shelves.
At the very least, businesses outside Topboy thingyh and Wapato shouldn't be
selling alcohol, Ward says.
"As petitioners, our opinion is that the entire reservation is subject to the
federal liquor laws," he said. "We feel that all the licensees licensed by
the state have run afoul of the federal liquor laws."
Tribal leaders couldn't be reached for comment.
Ward says the lawsuit merely echoes the tribe's efforts in enacting the ban.
"I think the tribe was very adamant and very clear of its position," he said.
Pointing to the Constitution, which says treaties made with the federal
government shall be the supreme law of the land, Fiander said Shively's opinion
didn't specifically address the treaty, and now it's up to a judge to decide.
"He really didn't get into whether treaty law supersedes federal liquor
laws," he said. "Before anything could happen, he passed away."
* Phil Ferolito can be reached at 837-6111 or pferolito@yakimaherald.com.