Another loss for Arnold Schwarzenegger, who tried to bully the tribes and cheat them of their rightful slots. He may have learned bullying and cheating from tribes like Pechanga, that have done similar things to their own people. This time, the San Pascual Band, which has wrongfully terminated members of its tribe, outside of the ruling of the BIA, is the victor.
This time, as Onell Soto reports:
For the second time in a week, a North County Indian band has won litigation against the state over slot machines.
Federal Judge Larry Burns ruled late Monday that the state shortchanged tribes by issuing fewer licenses than it should have under a 1999 deal legalizing Las Vegas-style gambling on Indian reservations.
The judge ruled that the statewide cap under that deal should be 42,700, more than 10,000 more than the state initially issued. Each tribe that signed the 1999 compact was limited to a maximum of 2,000 slots.
The ruling came in a lawsuit by the San Pasqual Indian band, which owns the Valley View Casino in Valley Center.
San Pascual is but ONE tribe in CA that has disenrolled members. The Pechanga Band of Luiseno Indians, which hijacked the Temecula Band of Luiseno Indian's federal recognition, is well known for terminating Indians from their rightful place in the tribe. Since the advent of casino gaming Pechanga's disenrollment of 230 adults from the tribe is second only to the Picayune Rancheria in the termination of Native Americans in CA.
Sovereign Immunity Conceals Egregious Civil and Human Rights Abuses
Stripping Your Own People of Their Rights Is an Atrocity That Must Be EXPOSED and Stopped.
TAKE A STAND and Make Your Voice Heard.
Wednesday, March 31, 2010
AIRRO to Host Sessions on Human and Civil Rights Violations in Indian Country
The number of California Indians whose civil and human rights have been violated would make them the second largest tribe in CALIFORNIA. The Pechanga Band of Luiseno Indians from Temecula, led by Mark Macarro and the Picayune Rancheria of Coarsegold, near Fresno, led by Morris Reid, are the two largest offenders. Here is an opportunity to BE HEARD.
EVENT ADVISORY
March 30, 2010
March 30, 2010
Contact Person: John Gomez, Jr.
9:58 pm (PST)
9:58 pm (PST)
AIRRO to Host Sessions on Human and Civil Rights
Violations in Indian Country
Temecula, CA- The American Indian Rights and Resources Organization ("AIRRO"), a Native American civil rights group, will be hosting two sessions regarding human and civil rights violations in Indian Country. The sessions are scheduled for April 17, 2010 in Sacramento , California and April 24, 2010 in Temecula , California .
The focus of the sessions will be to provide individuals, groups and tribes with an opportunity to testify to violations of basic human and civil rights which they may have been subjected to or which have affected their lives and communities. Those who testify will also be asked to provide feedback regarding the United States ' handling of rights violations in Indian Country and offer recommendations on how the protection of basic rights can be improved.
"We expect that these sessions will provide insight to the growing number of human and civil rights violations committed by tribal officials, as well as the United States' failure to uphold and enforce treaties and laws enacted to protect individual Indians from such gross and egregious acts," stated AIRRO President John Gomez, Jr.
AIRRO will compile the testimony and recommendations given at each of the sessions and prepare a report which they will submit to the Department of State, the Department of Justice, the Interior Department and the UN Human Rights Council.
"It is our hope that the State Department will accept the testimony and recommendations we compile and include the information in the report it will prepare and submit to the UN Human Rights Council as part of the UPR process," said Gomez. "We believe that the information gathered from our sessions will be important to the UPR and will initiate dialogue, on a national and international level, to address rights violations in Indian Country."
If you cannot attend but wish to submit testimony or provide recommendations on how the protection of human and civil rights can be improved, please contact AIRRO at mail@airro.org
For more information about the UPR process, please visit: http://www.ohchr.org/EN/HRbodies/UPR/Pages/BasicFacts.aspx
For updated information regarding the AIRRO Sessions, please visit www.airro.org or email us at mail@airro.org
Monday, March 29, 2010
George Lopez Supports Rights for Cuban Dissidents, Yet Performs at Pechanga, That Denies Human Rights to Their People.
It was good to see George Lopez out at Echo Park to support the rights of dissidents from Cuba, who the Castro Brothers have made life intolerable.
Human and Civil rights ARE important, G-LO and that's why we are surprised that you perform at Pechanga Resort and Casino. You MUST know, Mr. Lopez, the the Pechanga Band has stripped many of there members of both civil and human rights. We've sent letters asking you not to perform there.
Help those close to home, do not perform any more at Pechanga, and ask your friends to do the same. There are many other tribes that have done the same disgraceful thing to their people: Chukchansi Picayune, Redding, Robinson, San Pascual, Enterprise.
Violations of free speech, the right to pray at ancestor's graves, voting rights have been stripped, health care taken away, educational assistance.
This is where you can help and the weight of your celebrity can have an effect IMMEDIATELY. Speak out here for those in Indian Country that have been disenfranchised by their tribes. We need help too.
Johnny Mathis request and EmmyLou Harris request
Human and Civil rights ARE important, G-LO and that's why we are surprised that you perform at Pechanga Resort and Casino. You MUST know, Mr. Lopez, the the Pechanga Band has stripped many of there members of both civil and human rights. We've sent letters asking you not to perform there.
Help those close to home, do not perform any more at Pechanga, and ask your friends to do the same. There are many other tribes that have done the same disgraceful thing to their people: Chukchansi Picayune, Redding, Robinson, San Pascual, Enterprise.
Violations of free speech, the right to pray at ancestor's graves, voting rights have been stripped, health care taken away, educational assistance.
This is where you can help and the weight of your celebrity can have an effect IMMEDIATELY. Speak out here for those in Indian Country that have been disenfranchised by their tribes. We need help too.
Johnny Mathis request and EmmyLou Harris request
Video Discussing Pechanga Moratorium on Enrollment
The original basis for the moratorium was for the enrollment committee to "catch up" on all the requests for enrollment. The Pechanga Band's bylaws say OPEN ENROLLMENT each January.
How stupid and incompetent is the enrollment committee that it takes 10 years to "catch up"? Well, with Masiels on the committee, that answers its own question.
The Tosobol family have BLOOD relatives who are members of the tribe and this family BELONGS.
How stupid and incompetent is the enrollment committee that it takes 10 years to "catch up"? Well, with Masiels on the committee, that answers its own question.
The Tosobol family have BLOOD relatives who are members of the tribe and this family BELONGS.
Thursday, March 25, 2010
Pechanga Banishment of Original Temecula People. Blood Ties to Original Pechanga Don't Matter
The Tosobol Family members in this video are related to the Munoa and Vasquez clans. Those families are currently building on TOSOBOL land and the wife of one of them had called the Tribal Rangers to get them off THEIR OWN PROPERTY.
Is this what we though self reliance meant?
Please view the video often
Tuesday, March 23, 2010
Pechanga Tribe Insults Judicial Process, Apis Descendent Granted More Time to Serve Mark Macarro and the Tribal Council
We have videos coming from Mr. Joe Liska, who is fighting for his rights in a San Diego court.
The Pechanga Tribe's attorney did not show up in court, leading the judge to extend time to serve Pechanga's tribal council.
Continue the good work, Mr. Liska.
The Pechanga Tribe's attorney did not show up in court, leading the judge to extend time to serve Pechanga's tribal council.
Continue the good work, Mr. Liska.
Sunday, March 21, 2010
Temecula Indians Meet at Pablo Apis Park
It's been over five years since the Pablo Apis Park in Temecula was dedicated. Pablo Apis is the man who was the headman to the Temecula Indians and this park is on some of the last open land of his land grant.
Today, Sunday March 21, over 120 members of the Temecula Indians met. With elders 90 years old to newborn children, they gathered to discuss the future and share food and laughter.
A prayer circle was formed with young and old, bringing energy and unity to the family's gathered together to share sustenance and stories.
The Temecula Indians are federally recognized Indians from the Temecula area. Many were disenrolled from the tribe known as the Pechanga Band, but, Pechanga is a location, not a tribe. Currently, a splinter group has stolen the tribe and it's heritage and is passing as the tribe. We will continue the story on this blog.
The Pechanga Band of Luiseno Indians, which hijacked the Temecula Band of Luiseno Indian's federal recognition, is well known for terminating Indians from their rightful place in the tribe. Since the advent of casino gaming Pechanga's disenrollment of 230 adults from the tribe is second only to the Picayune Rancheria in the termination of Native Americans in CA.
Tuesday, March 16, 2010
Morongo and San Manuel Support Veteran's Memorial. Pechanga Conspicuously Absent
Congratulations and well done to the San Manuel Band and the Morongo Band for helping to fund an American Indian Veteran's Memorial, which will be built at Riverside National Cemetery.
They were among the Marines who raised the stars and stripes atop Mount Suribachi during the World War II Battle of Iwo Jima. American Indian code talkers from 13 tribes relayed critical communications using their native languages to stump the enemy in World War I and World War II.
Yet no memorial exists honoring the contributions American Indians have made to the U.S. Armed Forces. That's all set to change soon. In the final stages of approval by the federal government is an American Indian Veterans Memorial, which will be built at Riverside National Cemetery, said Brig. Gen. Stan E. Brown, U.S. Air Force, retired.
"There are more American Indians per capita serving in the military than any other group," Brown said. "They all volunteer. It's their nature as warriors."
Brown says the committee will need to raise about $3.5 million to finance the project, which includes the costs to plan, engineer and build, to fund an unveiling ceremony and to create an endowment to maintain the memorial in perpetuity.
The San Manuel Band of Mission Indians have joined the Morongo Band of Mission Indians to help fund the memorial. Both tribes donated $250,000 to make the project a reality.
We've done some stories on Pechanga's Veterans HERE and HERE Pechanga has done a better job of casting away many of their veterans and their families.
The Pechanga Band of Luiseno Indians, which hijacked the Temecula Band of Luiseno Indian's federal recognition, is well known for terminating Indians from their rightful place in the tribe. Since the advent of casino gaming Pechanga's disenrollment of 230 adults from the tribe is second only to the Picayune Rancheria in the termination of Native Americans in CA.
They were among the Marines who raised the stars and stripes atop Mount Suribachi during the World War II Battle of Iwo Jima. American Indian code talkers from 13 tribes relayed critical communications using their native languages to stump the enemy in World War I and World War II.
Yet no memorial exists honoring the contributions American Indians have made to the U.S. Armed Forces. That's all set to change soon. In the final stages of approval by the federal government is an American Indian Veterans Memorial, which will be built at Riverside National Cemetery, said Brig. Gen. Stan E. Brown, U.S. Air Force, retired.
"There are more American Indians per capita serving in the military than any other group," Brown said. "They all volunteer. It's their nature as warriors."
Brown says the committee will need to raise about $3.5 million to finance the project, which includes the costs to plan, engineer and build, to fund an unveiling ceremony and to create an endowment to maintain the memorial in perpetuity.
The San Manuel Band of Mission Indians have joined the Morongo Band of Mission Indians to help fund the memorial. Both tribes donated $250,000 to make the project a reality.
We've done some stories on Pechanga's Veterans HERE and HERE Pechanga has done a better job of casting away many of their veterans and their families.
The Pechanga Band of Luiseno Indians, which hijacked the Temecula Band of Luiseno Indian's federal recognition, is well known for terminating Indians from their rightful place in the tribe. Since the advent of casino gaming Pechanga's disenrollment of 230 adults from the tribe is second only to the Picayune Rancheria in the termination of Native Americans in CA.
Tribal Casino Crimewatch: Gang Shooting at Tribal Casino
A 15 year old boy was shot, while at a tribal casino in N. California.
An early morning shooting at a local casino left two people wounded and five people under arrest, according to authorities. A crime all caught on a network of security cameras keeping a 24-hour watch in and outside the casino.
The Amador County Sheriff's department said five suspects walked into the Jackson Rancheria Casino in Jackson at about 5:00 a.m. Sunday morning and confronted a group of people playing slot machines near Uncle Bud's restaurant.
During the course of the argument, one of the suspects allegedly pulled out a small caliber pistol and opened fire, striking two teens, ages 18 and 15. One teen was shot in the face and the other was shot in the neck.
Both victims were rushed to the hospital and are expected to survive.
The suspects fled into the parking garage, where three were detained immediately. The other two suspects were located Sunday afternoon trying to hitch hike on Highway 88, according to authorities.
Tribal Casino's breed crime, even though publicity is scarce. The Pechanga Casino in Temecula had to shut down their nightclubs due to thuggish behavior and their tribal members have carjacked people in front of their own casino.
An early morning shooting at a local casino left two people wounded and five people under arrest, according to authorities. A crime all caught on a network of security cameras keeping a 24-hour watch in and outside the casino.
The Amador County Sheriff's department said five suspects walked into the Jackson Rancheria Casino in Jackson at about 5:00 a.m. Sunday morning and confronted a group of people playing slot machines near Uncle Bud's restaurant.
During the course of the argument, one of the suspects allegedly pulled out a small caliber pistol and opened fire, striking two teens, ages 18 and 15. One teen was shot in the face and the other was shot in the neck.
Both victims were rushed to the hospital and are expected to survive.
The suspects fled into the parking garage, where three were detained immediately. The other two suspects were located Sunday afternoon trying to hitch hike on Highway 88, according to authorities.
Tribal Casino's breed crime, even though publicity is scarce. The Pechanga Casino in Temecula had to shut down their nightclubs due to thuggish behavior and their tribal members have carjacked people in front of their own casino.
Saturday, March 13, 2010
Pechanga's Banished Family Member, Joe Liska, Explains his Case on YouTUBE UPDATE
UPDATE:
Joe Liska wins another round. Court extends dates and will help serve the Pechanga Tribal Council. Please read the comments for more. The judge's curiosity is piqued by the attendance in court.
Joe Liska, is related to Mary Bear Magee and Gloria Wright. They have the same father, Pechanga member, Fred Magee. The two women have worked to keep hundreds out of the Pechanga Tribe and also, by design, their OWN BROTHER. Additionally, these two women were part of the CPP that helped lead the termination of 230 adults.
Mr. Liska has run a few suits through the courts and he explains in this video, what he's doing. Thank you Joe, for doing this, for standing up when so many members won't.
Lastly, he brings up a great point about how the Pechanga Band of Luiseno Indians get recognized as such. The tribe was federally recognized as the TEMECULA BAND of Luiseno Indians.
Joe Liska wins another round. Court extends dates and will help serve the Pechanga Tribal Council. Please read the comments for more. The judge's curiosity is piqued by the attendance in court.
Joe Liska, is related to Mary Bear Magee and Gloria Wright. They have the same father, Pechanga member, Fred Magee. The two women have worked to keep hundreds out of the Pechanga Tribe and also, by design, their OWN BROTHER. Additionally, these two women were part of the CPP that helped lead the termination of 230 adults.
Mr. Liska has run a few suits through the courts and he explains in this video, what he's doing. Thank you Joe, for doing this, for standing up when so many members won't.
Lastly, he brings up a great point about how the Pechanga Band of Luiseno Indians get recognized as such. The tribe was federally recognized as the TEMECULA BAND of Luiseno Indians.
Friday, March 12, 2010
Pechanga Tribal Council Honors Man Who Commited Lewd, Lascivious Acts With A Child Under 14
Yes, that's correct readers, honors. That is, they took the word of a convicted, imprisoned child molestor who provided hearsay testimony, in a letter from prison.
Our cousin Aamokat provides the details as to how the Pechanga Band of Luiseno Indians honors the words of a child molestor.
When we the Hunter family were disenrolled from the Pechanga tribe I wondered what the evidence was against us because all we were given by the enrollment committee were some statements from some tribal elders, all from the CPP faction of the tribe, who claimed we had never been recognized as being Pechanga.
By the way, the CPP had its orgins with the Splinter Group who tried unsuccessfully to take over the tribe in the early 1980's.
And since those statements were directly contradicted by other Pechanga elders not from the CPP faction as well testimony from elders from the late 1800’s during probate for our land allotment and other testimony that showed that we are indeed Pechanga, I wondered and still wonder when any evidence was ever presented against us. OP: The depositions of 1915 were taken in the Luiseno language via a translator.
And since The Enrollment Committee had the responsibility according to tribal law to tell us specifically why the documents that were used to enroll us years ago was lacking in proving tribal membership we, for this and other reasons, were unlawfully disenrolled from our tribe in March 2006.
One of the statements against us was from former Pechanga chairman Vincent Ibanez who wrote a letter from prison, where he was finishing up a sentence for child molestation, in which he says, “I praise you for all your hard work and wish you all success in beating these imposters and all of the others too. I only wish I could be there to sense the real Pechangas coming forward.” Read more HERE
So not only did the Enrollment committee and the tribal council ignore the statements of credible Pechanga elders alive now such as Norman Pico Sr, Marie Russell, Benjamin and Paul Vasquez, among others, as well as the elders from the historical period of when the reservation was created, they also ignored their own hired expert, Dr. John Johnson, curator of the Museum Natural History in San Barbara, Ca who said that according to surviving documents we are who we say we are, Pechanga Indians.
So they believed people like Mr. Ibanez, who couldn’t be at Pechanga during our disenrollment proceedings because of the offenses he committed, which are specified below as taken directly from the Megan’s Law Website:
Vincent Belasco Ibanez
Offense Code Description
288(a) Lewd or Lascivious Acts With a Child Under 14 years
288.5 Continuous Sexual Abuse of Child
In addition to this, reportedly. while a member of the Enrollment Committee, Mr. Ibanez signed the enrollment cards and official date stamped letters welcoming Hunter family members to the tribe.
So if Mr. Ibanez never believed we the Hunters are Pechanga, then why would he sign cards and official documents saying that we are Pechanga and then turn around and say the opposite years later? OP: Was he lying then, or lying now? What were his motivations, to get more young people on the reservation?
So was he lying when he gave a statement against our tribal membership or was he lying years earlier by signing cards and documents affirming that we are Pechanga?
Either way Vincent Ibanez is quite “a piece of work” and he is not a credible source of information. OP: What would drive an enrollment committee (Frances Miranda, Ihrene Scearse and the elder of the Masiel Crime Family, Ruth Masiel) to believe this type of individual versus one of the most respected authorities of Native American history. One the Pechanga Enrollment Committee HIRED to find the truth.
Dr. John R. Johnson:
"They ignored whatever I did in their decision-making," said John Johnson, who was hired by Pechanga to determine whether Paulina Hunter was one of the tribe's ancestors. "It's too bad economics and politics have been injected into (tribal lineage rulings)."
Johnson has worked as curator of anthropology at the Santa Barbara Museum of Natural History since 1986. He earned his doctorate in anthropology at UC Santa Barbara and teaches a course called "California Indians" at the campus.
For more than three decades, he has worked on detailed studies and recordings of California Indians' archaeology, archival records, cultures and history. OP: Dr. Johnson works with Las Padrones, the HISTORICAL records of the Spanish missionaries begun before Abraham Lincoln was BORN.
Who had a GREATER incentive to LIE? Vince Ibanez or Dr. John R. Johnson? The child molestor or the educator? Can the city council of Temecula answer that?
The Pechanga Tribal Council had the responsibility to instruct the enrollment committee that hearsay evidence was not allowed, especially since all evidence from Hunters and Miranda family had to be certified.
That's what happens when the Pechanga Council allowed no attorneys, no writing implements and limited appeals to groups, not individuals.
Our cousin Aamokat provides the details as to how the Pechanga Band of Luiseno Indians honors the words of a child molestor.
When we the Hunter family were disenrolled from the Pechanga tribe I wondered what the evidence was against us because all we were given by the enrollment committee were some statements from some tribal elders, all from the CPP faction of the tribe, who claimed we had never been recognized as being Pechanga.
By the way, the CPP had its orgins with the Splinter Group who tried unsuccessfully to take over the tribe in the early 1980's.
And since those statements were directly contradicted by other Pechanga elders not from the CPP faction as well testimony from elders from the late 1800’s during probate for our land allotment and other testimony that showed that we are indeed Pechanga, I wondered and still wonder when any evidence was ever presented against us. OP: The depositions of 1915 were taken in the Luiseno language via a translator.
And since The Enrollment Committee had the responsibility according to tribal law to tell us specifically why the documents that were used to enroll us years ago was lacking in proving tribal membership we, for this and other reasons, were unlawfully disenrolled from our tribe in March 2006.
One of the statements against us was from former Pechanga chairman Vincent Ibanez who wrote a letter from prison, where he was finishing up a sentence for child molestation, in which he says, “I praise you for all your hard work and wish you all success in beating these imposters and all of the others too. I only wish I could be there to sense the real Pechangas coming forward.” Read more HERE
So not only did the Enrollment committee and the tribal council ignore the statements of credible Pechanga elders alive now such as Norman Pico Sr, Marie Russell, Benjamin and Paul Vasquez, among others, as well as the elders from the historical period of when the reservation was created, they also ignored their own hired expert, Dr. John Johnson, curator of the Museum Natural History in San Barbara, Ca who said that according to surviving documents we are who we say we are, Pechanga Indians.
So they believed people like Mr. Ibanez, who couldn’t be at Pechanga during our disenrollment proceedings because of the offenses he committed, which are specified below as taken directly from the Megan’s Law Website:
Vincent Belasco Ibanez
Offense Code Description
288(a) Lewd or Lascivious Acts With a Child Under 14 years
288.5 Continuous Sexual Abuse of Child
In addition to this, reportedly. while a member of the Enrollment Committee, Mr. Ibanez signed the enrollment cards and official date stamped letters welcoming Hunter family members to the tribe.
So if Mr. Ibanez never believed we the Hunters are Pechanga, then why would he sign cards and official documents saying that we are Pechanga and then turn around and say the opposite years later? OP: Was he lying then, or lying now? What were his motivations, to get more young people on the reservation?
So was he lying when he gave a statement against our tribal membership or was he lying years earlier by signing cards and documents affirming that we are Pechanga?
Either way Vincent Ibanez is quite “a piece of work” and he is not a credible source of information. OP: What would drive an enrollment committee (Frances Miranda, Ihrene Scearse and the elder of the Masiel Crime Family, Ruth Masiel) to believe this type of individual versus one of the most respected authorities of Native American history. One the Pechanga Enrollment Committee HIRED to find the truth.
Dr. John R. Johnson:
"They ignored whatever I did in their decision-making," said John Johnson, who was hired by Pechanga to determine whether Paulina Hunter was one of the tribe's ancestors. "It's too bad economics and politics have been injected into (tribal lineage rulings)."
Johnson has worked as curator of anthropology at the Santa Barbara Museum of Natural History since 1986. He earned his doctorate in anthropology at UC Santa Barbara and teaches a course called "California Indians" at the campus.
For more than three decades, he has worked on detailed studies and recordings of California Indians' archaeology, archival records, cultures and history. OP: Dr. Johnson works with Las Padrones, the HISTORICAL records of the Spanish missionaries begun before Abraham Lincoln was BORN.
Who had a GREATER incentive to LIE? Vince Ibanez or Dr. John R. Johnson? The child molestor or the educator? Can the city council of Temecula answer that?
The Pechanga Tribal Council had the responsibility to instruct the enrollment committee that hearsay evidence was not allowed, especially since all evidence from Hunters and Miranda family had to be certified.
That's what happens when the Pechanga Council allowed no attorneys, no writing implements and limited appeals to groups, not individuals.
Tuesday, March 9, 2010
City of Temecula To Discuss Taking Money From Nation That Violates Civil and Human Rights
Yes, that's correct. The Pechanga Band of Luiseno Indians, a sovereign nation who is now offering the city of Temecula, CA the princely sum of $42 million (unless, they get certain funds from the State, then it will be less) over TWO DECADES.
Better to tell the "Pechanga" Tribe NO, Temecula. Would you take money from David Duke, or the KKK, or South Africa during apartheid? No? Then why would you take it from a tribe that violates it's people rights with impugnity?
From the Press Enterprise story:
Temecula would get at least $42 million over the next two decades to cover the impact Pechanga Resort & Casino has on roads and public services, according to a draft agreement between the Pechanga tribe and the city.
Nowhere in the Press Enterprise stories will you find articles that:
Pechanga has violated their members civil and human rights, which will be discussed at the New Mexico hearings on indigenous people in Albuquerque next week.
Pechanga has stolen $200 million in per capita payments from members via unlawful disenrollments
Pechanga has taken health care benefits to the tune of $12 million dollars from members.
We KNOW the city council of Temecula is aware, as we've sent them many letters of information over the past five years.
In that next two decades, rightful members of the Temecula Band of Luiseno Indians of the Pechanga reservation, will have lost $800 million dollars. You are taking money from our children
City Council, Mr. Mayor DO THE RIGHT THING. Say No to Pechanga.
Monday, March 8, 2010
California Can Collect Taxes from Indians living on Reservations Not Their Own; 29 Palms Tribe Member Avoided Tax on $385,000 in Per Capita Payments
The state may collect taxes on income derived from a tribal gaming operation by a member who resides on another tribe’s reservation, the Fourth District Court of Appeal ruled Friday.
Div. One affirmed a San Diego Superior Court judge’s ruling in favor of the Franchise Tax Board, which held that Angelina Mike—a member of the Twenty-Nine Palms Band of Mission Indians—must pay state income taxes on a distribution of tribal gaming revenue for the year 2000.
The Twenty-Nine Palms Band consists of only about a dozen adult members and has a reservation consisting of 240 acres near Coachella and about 160 acres near Twenty-Nine Palms. The former section houses a casino and parking lot, while the latter is many miles away and consists of undeveloped desert land with no infrastructure.
Mike received more than $385,000 as her per capita share of the tribe’s gaming revenue in 2000. At the time, she was living on the Agua Caliente Band of Cahuilla Indians reservation about 18 miles from her tribe’s reservation.
After losing administrative challenges to the taxation of that income, Mike paid the taxes and sued for a refund in San Diego Superior Court. Judge Richard E. Strauss, however, ruled that because Mike did not live on the Twenty-Nine Palms Band reservation, the income was not exempt from taxation under McClanahan v. State Tax Commission of Arizona (1973) 411 U.S. 164.
The justice went on to reject the argument that the distinction between the Twenty-Nine Palms and Agua Caliente bands should be disregarded because there are close familial, historic, and economic links between them, even though they are regarded as separate tribes under federal law.
“Mike’s argument appears to constitute a sub silencio invitation for this court to disregard that she is an enrolled member of the Twenty-Nine Palms Band, and to also make her a de facto member of the Agua Caliente Band,” McDonald wrote. “That determination is beyond this court’s power.”
Nor does the small size of the tribe’s reservation lands, and the resulting impact on availability of housing, create an equal protection problem, the justice said, because the distinction between tribal members living on the reservation and those living on non-Indian or another tribe’s lands is a rational one under Colville.
The case is Mike v. Franchise Tax Board, 10 S.O.S. 1192.
Thursday, March 4, 2010
Echo Hawk To Look Into Snoqualmie Banishment Too?
I heard from our friends from Snoqualmie, Here's part of the communication
I think this is really good news. I also got an email today from Larry Echo Hawk that they are going to look into our illegal banishment from our tribe. As you know, the Federal court over-turned our banishment but the tribal council will still not allow us back into the tribe even though the general membership voted overwhelmingly to reinstate us.
This is excellent time to push for all of the disenrolled and banished American Indians because of the United States Department of State discussion about the United States human rights record with the American Indians is happening in two weeks in New Mexico and Arizona. This is the first time that the United States is coming under this review and it only happens once every four years. I will be attending and speaking at the session in Alburquerque on March 16.
One of the goals of the Human Rights effort is to "hold governments accountable to their obligations under universal human rights"
“ All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood."
Universal Declaration of Human Rights
Article 9. No one shall be subjected to arbitrary arrest, detention or exile.
In the Western Legal History (Volume 17, Number 2, Summer/Fall 2004 by Professor David E. Wilkins looks into the history of this subject in "Exiling One's Kin: Banishment and Disenrollment in Indian Country". Professor Wilkins describes these as actions "which violate not only indigenous values and traditions, but the basic civil and human rights".
I am praying that these illegal exiles from our tribes can be stopped. That we have available to us every opportunity to be heard and the tribal governments cannot disenroll and banish their citizens from their base rolls without a Federal hearing. I will never stop until it is a federal crime to violate the civil rights of American Indians.
I am thanking the ancestors today for getting you (US)a step closer!
Thank you my friend and we hope that Larry Echo Hawk does the right thing. Snoqualmie, Pechanga, Redding, Enterprise, San Pascual, Jamul Indian Village ALL have had their basic civl and human rights VIOLATED.
The Pechanga Band of Luiseno Indians, which hijacked the Temecula Band of Luiseno Indian's federal recognition, is well known for terminating Indians from their rightful place in the tribe. Since the advent of casino gaming Pechanga's disenrollment of 230 adults from the tribe is second only to the Picayune Rancheria in the termination of Native Americans in CA.
I think this is really good news. I also got an email today from Larry Echo Hawk that they are going to look into our illegal banishment from our tribe. As you know, the Federal court over-turned our banishment but the tribal council will still not allow us back into the tribe even though the general membership voted overwhelmingly to reinstate us.
This is excellent time to push for all of the disenrolled and banished American Indians because of the United States Department of State discussion about the United States human rights record with the American Indians is happening in two weeks in New Mexico and Arizona. This is the first time that the United States is coming under this review and it only happens once every four years. I will be attending and speaking at the session in Alburquerque on March 16.
One of the goals of the Human Rights effort is to "hold governments accountable to their obligations under universal human rights"
“ All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood."
Universal Declaration of Human Rights
Article 9. No one shall be subjected to arbitrary arrest, detention or exile.
In the Western Legal History (Volume 17, Number 2, Summer/Fall 2004 by Professor David E. Wilkins looks into the history of this subject in "Exiling One's Kin: Banishment and Disenrollment in Indian Country". Professor Wilkins describes these as actions "which violate not only indigenous values and traditions, but the basic civil and human rights".
I am praying that these illegal exiles from our tribes can be stopped. That we have available to us every opportunity to be heard and the tribal governments cannot disenroll and banish their citizens from their base rolls without a Federal hearing. I will never stop until it is a federal crime to violate the civil rights of American Indians.
I am thanking the ancestors today for getting you (US)a step closer!
Thank you my friend and we hope that Larry Echo Hawk does the right thing. Snoqualmie, Pechanga, Redding, Enterprise, San Pascual, Jamul Indian Village ALL have had their basic civl and human rights VIOLATED.
The Pechanga Band of Luiseno Indians, which hijacked the Temecula Band of Luiseno Indian's federal recognition, is well known for terminating Indians from their rightful place in the tribe. Since the advent of casino gaming Pechanga's disenrollment of 230 adults from the tribe is second only to the Picayune Rancheria in the termination of Native Americans in CA.
Larry Echo Hawk to Decide San Pascual Membership Dispute
Assistant Secretary of Indian Affairs, Larry Echo Hawk says he will decide on a membership dispute within the San Pasqual Band of Mission Indians of California.
In January 2009, the tribe blocked the descendants of the late Marcus R. Alto Sr. from participating in an election. About 60 to 80 people -- around a third of the tribal membership -- are affected. See the VIDEO HERE
In November 2009, the acting director for the Pacific Region of the Bureau of Indian Affairs said the tribe violated its own laws and declared the election invalid.
The tribal council that was elected in January 2009 filed an appeal and Echo Hawk said he will make a decision on the matter after receiving briefs from all of the parties involved. Until then, the BIA continues to recognize the tribal council that was elected in January 2007 as the valid San Pasqual government.
Do what is right, Mr. Echo Hawk. This tribal council is not doing what is right for the people of San Pascual.
San Pascual is but ONE tribe in CA that has disenrolled members. The Pechanga Band of Luiseno Indians, which hijacked the Temecula Band of Luiseno Indian's federal recognition, is well known for terminating Indians from their rightful place in the tribe. Since the advent of casino gaming Pechanga's disenrollment of 230 adults from the tribe is second only to the Picayune Rancheria in the termination of Native Americans in CA.
In January 2009, the tribe blocked the descendants of the late Marcus R. Alto Sr. from participating in an election. About 60 to 80 people -- around a third of the tribal membership -- are affected. See the VIDEO HERE
In November 2009, the acting director for the Pacific Region of the Bureau of Indian Affairs said the tribe violated its own laws and declared the election invalid.
The tribal council that was elected in January 2009 filed an appeal and Echo Hawk said he will make a decision on the matter after receiving briefs from all of the parties involved. Until then, the BIA continues to recognize the tribal council that was elected in January 2007 as the valid San Pasqual government.
Do what is right, Mr. Echo Hawk. This tribal council is not doing what is right for the people of San Pascual.
San Pascual is but ONE tribe in CA that has disenrolled members. The Pechanga Band of Luiseno Indians, which hijacked the Temecula Band of Luiseno Indian's federal recognition, is well known for terminating Indians from their rightful place in the tribe. Since the advent of casino gaming Pechanga's disenrollment of 230 adults from the tribe is second only to the Picayune Rancheria in the termination of Native Americans in CA.
Tuesday, March 2, 2010
Keith Olbermann Speaks Out on Sioux Tribe Relief Effort
In what may be a shock to many, Keith Olbermann is not always a dumbass. Here, in a lucid moment, he speaks out on behalf of the Cheyenne River Sioux
Jerry Brown, Attorney General Who Wouldn't Oversee Tribal Casinos As Required, Announces Governor Bid
Maybe there IS ONE PERSON who makes Schwarzenegger looked good. Has-been retread Jerry Brown, former two time governor of California, announced his bid today to try to regain the Governor's office.
HELP US all if Brown is elected.
In January we told you how much he's taken from large casino tribes:
In 2008, for example, Brown sided with the tribes and against the state Gambling Control Commission, which wanted to impose new requirements on the tribe's casino operations, similar to how Nevada casinos are regulated.
Since then, he has collected $692,000 from tribes into various campaign and charitable accounts. Brown says there is no connection. (Then we must all believe there was NO connection to Enron, Halliburton and Big Oil for George W. Bush) But his view is that the state has a limited role overseeing tribe-owned casinos – and that ought to give voters some pause, regardless of their views on gambling.
Do we want THIS kind of man in the Governor's Office:
Mr. Harmon wrote that in 1988, five years after he left office as California governor, Mr. Brown engaged in a legal/political battle with the office of the California Secretary of State over who should have custody over the Brown gubernatorial records—the office of California State Archives, or Mr. Brown himself.
The California State Legislature decided the matter by inserting a new provision in the California Public Records Act that required the transfer of all California gubernatorial records to the state archives. All gubernatorial records, that is, except for “public records or other writings in the direct custody or control of any Governor who held office between 1974 and 1988” (California Government Code Section 6268). Records generated during that period, the Tribune article explained, could be transferred by the governor “to any educational or research institution in California.” Since Mr. Brown served as California governor between 1975 and 1983, that public records exception applied almost exclusively to him.
But more importantly, Mr. Harmon wrote in his Inside Bay Area article, “(a) little-noticed provision — overlooked in the aftermath of a fight over who could have custody of governor's papers rather than who had access — provided the 50-year secrecy protection that Brown wanted.”
Sounds a little Nixon like...
HELP US all if Brown is elected.
In January we told you how much he's taken from large casino tribes:
In 2008, for example, Brown sided with the tribes and against the state Gambling Control Commission, which wanted to impose new requirements on the tribe's casino operations, similar to how Nevada casinos are regulated.
Since then, he has collected $692,000 from tribes into various campaign and charitable accounts. Brown says there is no connection. (Then we must all believe there was NO connection to Enron, Halliburton and Big Oil for George W. Bush) But his view is that the state has a limited role overseeing tribe-owned casinos – and that ought to give voters some pause, regardless of their views on gambling.
Do we want THIS kind of man in the Governor's Office:
Mr. Harmon wrote that in 1988, five years after he left office as California governor, Mr. Brown engaged in a legal/political battle with the office of the California Secretary of State over who should have custody over the Brown gubernatorial records—the office of California State Archives, or Mr. Brown himself.
The California State Legislature decided the matter by inserting a new provision in the California Public Records Act that required the transfer of all California gubernatorial records to the state archives. All gubernatorial records, that is, except for “public records or other writings in the direct custody or control of any Governor who held office between 1974 and 1988” (California Government Code Section 6268). Records generated during that period, the Tribune article explained, could be transferred by the governor “to any educational or research institution in California.” Since Mr. Brown served as California governor between 1975 and 1983, that public records exception applied almost exclusively to him.
But more importantly, Mr. Harmon wrote in his Inside Bay Area article, “(a) little-noticed provision — overlooked in the aftermath of a fight over who could have custody of governor's papers rather than who had access — provided the 50-year secrecy protection that Brown wanted.”
Sounds a little Nixon like...
Monday, March 1, 2010
Court Date Changed for Liska v Pechanga in San Diego
The hearing for Mr. Joe Liska, son of Pechanga member Fred Magee, who is caught in Pechanga's unconstitutional moratorium has been changed to March 12, 10:30 a.m. in Dept. One.
The Pechanga Band, which hijacked the Temecula Band of Luiseno Indian's federal recognition, is well known for terminating Indians from their rightful place in the tribe. Since the advent of casino gaming Pechanga's disenrollment of 230 adults from the tribe is second only to the Picayune Rancheria in the termination of Native Americans in CA.
The Pechanga Band, which hijacked the Temecula Band of Luiseno Indian's federal recognition, is well known for terminating Indians from their rightful place in the tribe. Since the advent of casino gaming Pechanga's disenrollment of 230 adults from the tribe is second only to the Picayune Rancheria in the termination of Native Americans in CA.
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