Native American Legal Update : Native American Law : Foster Pepper Law Firm : Northwest, Seattle, Spokane, Portland Lawyer & Attorney

Tribal leaders and business experts from across the nation will gather at the Tulalip Resort June 1-2 for the Northwest Native American Economic Development Conference.  Speakers include:

• Mel Sheldon, Chairman, Tulalip Tribes of Washington

• Chief J. Allan, Chairman, Coeur d'Alene Tribe

• Cedric BlackEagle, Chairman, Crow Nation

• Bob Garcia, Chairman, Confederated Tribes of Coos, Lower Umpqua & Siuslaw Indians

• Ralph Sampson Jr., Chairman, Yakama Indian Nation

• Edward K. Thomas, President Emeritus, Central Council Tlingit & Haida Indian Tribes of Alaska & Board of Directors - Sealaska Corporation

• Jerry Lamb, Director of Economic Development, Confederated Salish and Kootenai Tribes

• Kary Nichols, Director of Business Development, Colville Tribal Enterprise Corporation

• Professor Ron Whitener, University of Washington Native American Law Center

The conference will cover a vast array of topics relating to the development of economic enterprises in Native lands, including:

• Tribal Leaders Roundtable: Defining Economic Development

• Tribal Economic Development Bonds: Strategic Financing for Business Ventures

• Tribal Gaming Outlook: Planning for the Future

• Reinventing your Casino & Resort Facilities

• Housing & Infrastructure Projects on the Reservation

• Renewable Energy Projects

• Taking Care of Your Own: Community Member Wealth

For anyone interested in the development of Tribal economies, this seminar is not to be missed. 

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In a move that puts traditional Native rights at odds with animal rights advocates, the Nuu-chah-nulth Tribe of Vancouver Island is planning to reinstate sea otter hunts, after reaching a tentative agreement with the Canadian Department of Fisheries and Oceans. The deal will allow the members of the Nuu-chah-nulth Tribal Council to hunt roughly one per cent of the sea otter population in their territory on the central section of the west coast of Vancouver Island every year. Based on current figures, the take would amount to approximately 20 otters per annum.

Cliff Atleo, president of the Nuu-chah-nulth Tribal Council, stated: "For us, it's not about the numbers. It's about reconnecting with the pelts worn by our chiefs, the heads of our governments," Council Member Keith Atleo said expects opposition to the hunt, especially since sea otters are known for their cute looks, but said the hunt is necessary to stop the sea otters from decimating sea urchin and shellfish stocks, which are a valuable source of food for First Nations communities and commercial fishermen. "We have a lot of cute children in our community that depend on the seafood, and we'd rather they have a good future. Sea otters have affected the balance in our food, traditionally and culturally," he said.

Sea otters were hunted out of existence in British Columbia during the lucrative fur trade between colonialists and West Coast natives in the late 1700s and 1800s. In the 1960s and 1970s, animals from the surviving population in Alaska were reintroduced to the B.C. coast. The otter population is now estimated at 3,500 and the species is now listed as "at risk," rather than endangered. The Nuu-chah-nulth otter hunt agreement still is awaiting final approval from First Nations leaders and the Canadian government, and the hunt is not yet scheduled.
 

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(Courtesy of Citizens Against Racism and Discrimination)

A federal court has handed the Washington Redskins a legal victory in a 17-year fight with Native American plaintiffs who contend the football team's mascot and logo are racially offensive. The decision issued by the U.S. Court of Appeals in Washington doesn't address the question of racism, but rests instead on the legal theory of laches – the plaintiffs waited too long to commence their lawsuit to ban the trademark.

The team first received federal trademarks on the name “Redskins” in 1967. The Native American plaintiffs were initially successful in attacking the brand -- the U.S. Patent and Trademark Office panel canceled the trademarks in 1999. U.S. District Judge Colleen Kollar-Kotelly overturned that decision in 2003 in part because the suit was filed decades after the first Redskins trademark was issued. The U.S. Court of Appeals then remanded the case back to Kollar-Kotelly, noting that the youngest of the plaintiffs was only 1-year-old in 1967 and therefore could not have taken legal action at the time. Kollar-Kotelly’s new ruling rejected that argument, finding that the youngest plaintiff turned 18 in 1984 and therefore waited almost eight years beyond the age of majority to join the lawsuit. The ruling does not address whether the “Redskins” name is offensive or racist, and the holding states that it is not commenting on "the appropriateness of Native American imagery for team names."

The team’s attorney Bob Raskopf says millions have been spent on the "Redskins" brand and the team would have suffered great economic loss if they lost the trademark registrations. "It's a great day for the Redskins and their fans and their owner Dan Snyder," he said. However, a new group of Native American plaintiffs ranging in age from 18 to 24 have filed a nearly identical case. "We're hopeful that case will lead us ultimately to a ruling on the merits," said Philip Mause, attorney for the plaintiffs. "We're very confident about our position on the merits. We think this term is disparaging of Native Americans."
 

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Venturing Crew 42 collect saplings for prison sweat lodge

(photo and text courtesy of Everett Herald)

Inmates in Washington state's prisons can attend Catholic Mass, take Protestant communion or celebrate Muslim Eid, but Native Americans often struggle to find ways to practice their beliefs while incarcerated. For Native religions based in nature, bars and razor wire can be insurmountable hurdles.

A group of young adults through the Boy Scout's Venturing program set out early this month to change that. With direction from a Native American chaplain for the state prisons, the group hiked up a logging road near Gold Bar to collect slender alder saplings, said Ray Sayah, leader of the Venturing crew. The saplings will be used to build sweat lodges in prisons throughout Washington state. The group collected 160 saplings, being careful to avoid killing any other plant in respect for Tribal culture. The sweat lodges will be built on prison grounds, and they will be just like those found on Tribal reservations in north Snohomish County and elsewhere.

"This is contributing to the construction of more than 20 sweat lodges," Sayah said. "We're trying to get one for each prison facility where they're permitted."
 

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Photo Courtesy of HomeLand Colors

Data recently released from National Centers for Disease Control shows homicide as the 9th leading cause of death for Native American women from ages 1 to 65.  For Native American women in certain age groups, that ranking is higher still.

Jacqueline Agtuca of the Tribal non–profit group called Clan Star studies issues of safety and health for Native American women.  She says few murders, rapes, or assaults occurring in Tribal communities are ultimately prosecuted to conviction.  Across the country, less than one-third of all criminal cases referred to federal prosecutors by the BIA or FBI result in any prosecution at all.  "Until we have that response on a national level from the federal government who handles these cases, we are not going to see a decline."
 

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On Friday, May 8, 2009, the Washington State Bar Association’s Indian Law Section will hold its 21st Annual Conference and continuing legal education seminar in Seattle. Co-hosted by the law firm of Foster Pepper PLLC, the day-long program will cover cutting-edge legal issues affecting Native American communities, including:

• Federal Tribal trust funds mismanagement
• Revisiting the issue of Native American civil rights and Tribal sovereignty
• Examining the Duwamish Tribe and other federal recognition cases
• Native American policy under the Obama administration
• Juvenile justice in Native communities
• Tax planning for Tribal construction and economic development projects

The panel of presenters features numerous acclaimed experts on Tribal issues, including:

• Diana Bob, National Congress of American Indians, Washington D.C.
• Melody McCoy, Native American Rights Fund, Boulder, Colorado
• Rob Roy Smith, lead counsel in the ground-breaking Snoqualmie Tribal banishment case
• Tom Schlosser, advocate and educator on Tribal legal affairs
• Jeff Nave, national Tribal finance and tax credit expert

The program also includes a traditional dance performance and cultural competency presentation by “One Crazy Raven” Gene Tagaban. You can follow the program during the day via this site's Twitter updates @nativelegal.
 

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In a legal first, Tribal members have been victorious in Federal court challenging a Tribal banishment action.  

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