Post by blackcrowheart on May 17, 2007 13:30:14 GMT -5
Judges say Kansas must recognize license plates issued by tribe
By Robert Boczkiewicz
The Capital-Journal
Published Wednesday, February 07, 2007
DENVER — An appeals court Tuesday repeatedly chastised Kansas officials for
interfering with the sovereign rights of the Prairie Band Potawatomi Nation
north of Topeka over vehicle license plates.
The scolding by the 10th U.S. Circuit Court of Appeals came as the court,
for the third time, handed the tribe a victory and a defeat to the Kansas
Department of Revenue and the Kansas Highway Patrol.
The appellate judges ruled 3-0 that the two state agencies have "effectively
undermined" the tribe's sovereignty through "discriminatory treatment" by
refusing to recognize license plates the tribe issued to its members.
In a 22-page decision, the court upheld a permanent injunction barring the
state from enforcing its motor vehicle laws against tribal members when they
have plates, registrations and titles issued by the tribe. The tribe's
reservation is in Jackson County near Mayetta.
The revenue department and the highway patrol took the position that drivers
of tribally licensed vehicles driven on state roads would violate state law
by not having state-issued plates.
U.S. District Judge Julie Robinson, in Topeka, issued the injunction, which
the appeals court affirmed in 2001 and 2005 after two appeals by the state.
The agencies later appealed to the U.S. Supreme Court, which instructed the
appeals court to reconsider its 2005 decision.
The appeals court on Tuesday said the tribe is a sovereign nation and within
its rights to have the state recognize the validity of the plates,
registrations and titles it issues, just as Kansas recognizes those items
from other states when vehicles pass through Kansas.
Comments by the department and the patrol "disparaging the tribal
governmental interests are inappropriate, unfounded and made in obvious
ignorance of the nature of the issue before this court," the judges wrote.
They also criticized the agencies for "faulty reasoning" and an argument
that "falls flat."
The judges said "the sole reason" to justify the state's position — public
safety — makes no sense. The agencies contended law enforcement officers'
lives are endangered because the tribe's registrations aren't in a national
criminal database.
The judges said the tribe has "made clear it would take whatever steps
necessary" to put its registration information on the appropriate database
and noted that Kansas recognizes registrations of tribes in Oklahoma that
aren't on the database.
Minnesota already recognizes the validity of the tribe's plates, the judges
said.
They said the dispute in Kansas involves about 350 vehicles.
In their 2005 decision, the judges said, "The state apparently resents that
it has lost some amount of control over the tribe."
Robert Boczkiewicz covers the 10th U.S. Circuit Court of Appeals in Denver.
He can be reached at _REB1den@aol.REB_ (mailto:REB1den@aol.com) .
By Robert Boczkiewicz
The Capital-Journal
Published Wednesday, February 07, 2007
DENVER — An appeals court Tuesday repeatedly chastised Kansas officials for
interfering with the sovereign rights of the Prairie Band Potawatomi Nation
north of Topeka over vehicle license plates.
The scolding by the 10th U.S. Circuit Court of Appeals came as the court,
for the third time, handed the tribe a victory and a defeat to the Kansas
Department of Revenue and the Kansas Highway Patrol.
The appellate judges ruled 3-0 that the two state agencies have "effectively
undermined" the tribe's sovereignty through "discriminatory treatment" by
refusing to recognize license plates the tribe issued to its members.
In a 22-page decision, the court upheld a permanent injunction barring the
state from enforcing its motor vehicle laws against tribal members when they
have plates, registrations and titles issued by the tribe. The tribe's
reservation is in Jackson County near Mayetta.
The revenue department and the highway patrol took the position that drivers
of tribally licensed vehicles driven on state roads would violate state law
by not having state-issued plates.
U.S. District Judge Julie Robinson, in Topeka, issued the injunction, which
the appeals court affirmed in 2001 and 2005 after two appeals by the state.
The agencies later appealed to the U.S. Supreme Court, which instructed the
appeals court to reconsider its 2005 decision.
The appeals court on Tuesday said the tribe is a sovereign nation and within
its rights to have the state recognize the validity of the plates,
registrations and titles it issues, just as Kansas recognizes those items
from other states when vehicles pass through Kansas.
Comments by the department and the patrol "disparaging the tribal
governmental interests are inappropriate, unfounded and made in obvious
ignorance of the nature of the issue before this court," the judges wrote.
They also criticized the agencies for "faulty reasoning" and an argument
that "falls flat."
The judges said "the sole reason" to justify the state's position — public
safety — makes no sense. The agencies contended law enforcement officers'
lives are endangered because the tribe's registrations aren't in a national
criminal database.
The judges said the tribe has "made clear it would take whatever steps
necessary" to put its registration information on the appropriate database
and noted that Kansas recognizes registrations of tribes in Oklahoma that
aren't on the database.
Minnesota already recognizes the validity of the tribe's plates, the judges
said.
They said the dispute in Kansas involves about 350 vehicles.
In their 2005 decision, the judges said, "The state apparently resents that
it has lost some amount of control over the tribe."
Robert Boczkiewicz covers the 10th U.S. Circuit Court of Appeals in Denver.
He can be reached at _REB1den@aol.REB_ (mailto:REB1den@aol.com) .