2 Replies to “December 9th Council Meeting Cancelled”

  1. This is the type of work our 1/4 Isleta Bloods are doing for Indian Country and our tribe should be proud of the level of work and quality of work she is doing for native rights. She is exactly what our tribe should want our Isleta children to be doing out in the world. This 1/4 blood knows exactly who she is and while she is away from the reservation she will always be Isleta Indian. I am proud of her.

    Take this to our Council members and see how many other Isleta Indians are presenting arguments for Native rights before the Supreme Court.

    A post from her Facebook:

    Jacqueline De Leon
    December 7 at 11:46am ·
    Today the Supreme Court heard oral arguments in Dollar General Corp. v Mississippi Band of Choctaw Indians. It was a personal and professional highlight to have been part of the team fighting against Dollar General’s attempt to evade responsibility for an employee’s sexual assault of a minor on tribal land. Dollar General lost in Tribal Court and was ordered to pay a judgment for the acts of its employee. This is an unsurprising result in any court. Instead of paying up, Dollar General wants to claim the Tribe has no civil jurisdiction over it, even though the store was on Tribal land operating under Tribal laws. If the Supreme Court strips from Tribal Courts the ability to adjudicate disputes on it’s own land against non members, it will not only diminish tribal sovereignty, it will endanger the lives and enterprises of tribal people. The Supreme Court previously stripped Tribal Courts’ ability to adjudicate criminal charges against non members. And guess what? In this very case, the Feds declined to pursue criminal charges against the molester, given lack of funds and effort. The proper place to adjudicate tribal conflicts that occur on Tribal lands is Tribal Court. I hope for justice today. ‪#‎shameondollargeneral‬

  2. The December 9th council meeting was cancelled. It gives us time to put more information in front of the Tribal Council and ask them to revise the proposed amendment. I ask for your support.

    Please ask the tribal council to recognize all 1/4 bloods and not just those living on our reservation or in nearby surrounding areas as is proposed. The residency requirement in the amendment is designed to accept only a handful of 1/4 bloods and not all and that is not right. Sometimes the fight to preserve Native rights and protect our heritage cannot be fought on the reservation.

    An address does not define who is Indian.

    My daughter is 1/4 Isleta and is not recognized and yet she is an exceptional Native Rights Attorney. She has been part of the council representing several Native Tribes including a case now before the Supreme Court in Dollar General Corporation vs. The Mississippi Band of Choctaw, which is outlined in an article below. This case will impact all Indian Tribes in the U.S. and we should sit up and take notice. Wouldn’t it be tragic that the Isleta council reject this young women as Isleta because she is not living on the reservation? She is our blood and we should all be proud!

    THE CASE a 1/4 Isleta blood representing the CHOCTAW is the Dollar General Corporation vs. The Mississippi Band of Choctaw Indians. An article from The Guardian about the case:

    Sovereignty isn’t a difficult concept. If a US citizen crosses the northern border for work and commits a crime, that person should expect to be subject to a Canadian court applying Canadian law. By simply crossing the border, the US citizen consented to the jurisdiction of another authority and is expected to follow the laws of the land.

    But for Native Americans with sovereign tribal land, the concept isn’t so simple, thanks to a 1978 US supreme court ruling that tribes can’t prosecute non-natives who commit crimes on their sovereign land. And a new case before the high court Monday has raised fears that Native people’s right to police their own territory will be even further compromised.

    In 2000, the multi-billion dollar retailer Dollar General opened a store on the Mississippi Choctaw reservation. Three years later, the manager of that store, Dale Townsend, agreed to participate in a tribal program that placed tribal youth in clerkships with stores operating on the reservation. Townsend, the tribe claims, sexually assaulted a 13-year-old boy assigned to work in the store through the program.

    The US attorney’s office in Mississippi could have filed criminal charges against Townsend but declined to do so, meaning Townsend would never be held accountable in criminal court, because the US supreme court ruled in 1978 that Indian tribes cannot arrest and prosecute non-natives who commit crimes on Indian reservations.

    That decision created a vacuum of law enforcement on reservations across the United States, one which has seriously impacted native women. One in three native women reports being raped at least once in her lifetime, and they are far more likely to be assaulted than any other ethnic group in the country. Over 80% of the alleged rapes or sexual assaults against native women are perpetrated by non- natives, according to Justice Department statistics, which means violent crimes go unpunished if they occur on reservations, unless victims sue civilly for damages.

    This was the situation facing the boy and his family. With no possibility for a criminal conviction, the boy and his parents then decided to sue Townsend and Dollar General for civil damages in tribal court. They argued the company was liable for Townsend’s alleged crimes and negligent in his hiring, training and supervision.

    Before going to trial, however, Dollar General filed suit in federal district court, seeking an order halting the tribal action. When the federal district court refused order a halt, Dollar General appealed to the US court of appeals for the fifth circuit. The appellate court also ruled against Dollar General, reasoning that the tribe’s ability to hear these types of cases in its courts is “plainly central to the tribe’s power of self-government”.

    But Dollar General wasn’t done. It then asked the supreme court to hear the case. Each year, the court is asked to hear about 8,000 cases, and it accepts fewer than 100. In an ominous turn of events, the court agreed in spite of the lower courts’ rulings and over the objections of the US solicitor general, who is responsible for arguing the federal government’s cases before the high court. The case, which is scheduled to be argued on 7 December, rightly frightens native tribes all across the United States because it could trample on their right to self-government.

    The brief filed by Dollar General asks the supreme court to rule that tribal courts cannot hear cases filed against non-Indians unless Congress has expressly authorized such a suit or if the non-Indian has expressly consented to such a suit, neither of which applies here. The tribe claims, on the other hand, that it has – and must retain – the authority to resolve these types of disputes in a tribal court, particularly cases involving such substantial interests as protecting tribal youth from sexual predators. Otherwise its sovereignty is a cruel joke.

    The ACLU filed an amicus brief in support of the tribe. In our view, this issue should be decided based on the principle of “fair notice”. Did Dollar General and the manager have fair notice that a sexual assault by the manager could subject them to tribal court authority? We believe so on multiple grounds.

    The supreme court has repeatedly recognized tribal sovereignty over the past two centuries. Prior decisions have upheld a tribe’s right to tax non-native people engaging in commerce on Indian reservations and to resolve the inevitable disputes that occur from such economic activities. And if a government can tax an individual or business, it has the power to subject them to a civil court proceeding.

    Then there’s Dollar General’s deliberate decision to establish a store on Choctaw land in pursuit of profit. According to the lease agreement signed by Dollar General, the company agreed that “[e]xclusive venue and jurisdiction shall be in the Tribal Court of the Mississippi Band of Choctaw Indians” when disputes over the lease arise. The company and its store manager also agreed to the work program that put the 13-year-old in the manager’s care. Therefore, Dollar General and Townsend had fair notice that this type of misconduct could result in a lawsuit in tribal court seeking damages.

    There’s a reason Dollar General Corporation v Mississippi Band of Choctaw Indians has been called the most important case in decades for native people by many Indian tribes and tribal organizations: a victory for Dollar General would be devastating for native tribes. It would mean that tribes lack the governmental authority to regulate misconduct by non-natives and protect their people.

    This wouldn’t be sovereignty. It would be subservience.
    END…article from The Guardian.

    An Isleta1/4 blood fighting the real fight at the Supreme Court Level.

    THIS 1/4 BLOOD HAS SO MUCH TO OFFER TO HELP PROTECT US AND GUIDE THE NEXT GENERATION OF ISLETA YOUTH IN THE FUTURE.

    PLEASE SUPPORT HER by putting this information in front of the council.

What are your thoughts?