#american indian law

[riesenfeldcenter]

Happy Indigenous Peoples’ Day!

The rare collection of laws of the Cherokee Nation shown here was published at Tahlequah, the Cherokee Nation’s capital. It was printed in Cherokee using a syllabary adopted by the Nation in 1825. 

The owners of this copy used the page above to list their family members and birthdays. One child, Sequoyah, was likely named after the founder of the Cherokee writing system.

[nando161mando]

[olowan-waphiya]

Fake Indian art still a major problem despite federal responsibilities

Criminal pleas surface amid vague ‘Indigenous’ claims Tuesday, March 14, 2023 By Acee Agoyo, Indianz.Com

Efforts to strengthen the Indian Arts and Crafts Act are gaining new steam as government authorities try to enforce a law aimed at addressing fraud and exploitation of Native cultures and ways of life. On Monday, the Democratic chairman of the Senate Committee on Indian Affairs unveiled a discussion draft bill called the Amendments to Respect Traditional Indigenous Skill and Talent Act of 2023. Also known as the ARTIST Act [PDF], the proposed legislation seeks to protect the arts, crafts, goods and other creative works that American Indian, Alaska Native and Native Hawaiian people have produced since time immemorial.

“The ARTIST Act would update the Indian Arts and Crafts Act to support creative economies and strengthen enforcement of current law and protections against counterfeit competition for Native artists and their works,” the committee said in a news release on behalf of Sen. Brian Schatz (D-Hawaii), the chair of the legislative panel. “This discussion draft reflects direct stakeholder input as well as years of committee oversight and broad commitment to the protection of Native cultural patrimony and revitalization of Indigenous languages,” the release continued.

As enacted in 1990, the Indian Arts and Crafts Act makes it a crime to market, sell or promote an item as “Indian” unless it was created by a citizen of a state or federally recognized tribe or by an artisan certified by a tribe. The law was written to prevent the historical and ongoing misrepresentation of Native arts by non-Native entities. Yet Native artists and their advocates have long complained about the lack of enforcement as fakes and frauds have continued to flood the market and undermine an important source of income in Native communities across the United States.

It’s an issue that Secretary Deb Haaland, who is the first Native person to lead the Department of the Interior, has recognized as a major problem. “Native art is a critical part in telling the story of this country and can only be told by Native artists,” Haaland said in a video message after making history as the first Native person in a presidential cabinet. “Buying authentic pottery, jewelry, mixed-media creations, paintings and other art from Native American artists helps support tribal economies.” “Unfortunately forgery and copies hinder the positive economic opportunities available to Native artists and their families,” said Haaland, who is a citizen of the Pueblo of Laguna.

The law was updated in 2000 and in 2010 to strengthen enforcement. But as fraudulent works continue to be sold in some of the largest art markets in the U.S., the ARTIST Act builds on prior efforts by broadly expanding the ways in which federal officers can investigate suspected violations. Federal officers, for instance, would be authorized to make arrests, engage in searches and even conduct seizures for suspected violations of the Indian Arts and Crafts Act.

They would also be able to inspect shipments coming into the U.S. to ensure compliance with the law, according to provisions of the draft. And for the first time, Native Hawaiians would gain protections for their creative works. The ARTIST Act modifies existing definitions in federal law to ensure that the original inhabitants of Hawaii aren’t left out of enforcement efforts that are available to American Indian and Alaska Native artisans.

To help pay for these enforcement measures, the ARTIST Act authorizes ways in which people suspected of violating the law can have their property forfeited and be required to shoulder the costs of investigations through fines and penalties. A new Indian Arts and Crafts Forfeiture Fund would be established to assist the work of the Department of the Interior.

The draft discussion bill also requires visible and permanent labeling of items that come into the U.S. from Canada or Mexico. Anything that could “possibly be mistaken for, arts and crafts made by Native Americans” must be “indelibly marked with the country of origin,” according to provisions of the the ARTIST Act.

Finally, the ARTIST Act would require trainings of federal law enforcement officers, not only on the Indian Arts and Crafts Act but on the recently-enacted Safeguard Tribal Objects of Patrimony Act, also known as the STOP Act. The latter law makes it a crime to export tribal cultural property, another issue that has threatened Native cultures and ways of life. “For too long, the export and sale of sacred and culturally significant items from Native peoples in Hawaiʻi, Alaska, and across Indian Country has deprived these communities of their own history and heritage,” Schatz said after the measure was passed and signed into law during the prior session of Congress. “Our bill will help stop the black market trafficking of these items and bring them home.”

Just this month alone, federal authorities announced the resolution of three cases in which the Indian Arts and Crafts Act was violated. In all three instances, non-Natives created and sold fraudulent art by misrepresenting, falsifying and lying about their non-existent tribal backgrounds. In Washington, 52-year-old Lewis Anthony Rath and 67-year-old Jerry Chris Van Dyke, also known as Jerry Witten, pleaded guilty on March 1 to breaking the law.

Both men admitted that they sold fake “Indian” goods in the historic Pike Place Market in Seattle, one of the most heavily trafficked tourist areas in the city. “When non-Native artists falsely claim Indian heritage, they can take sales away from true Indian artists working to support themselves with skills and techniques handed down for generations,” Nick Brown, the U.S. Attorney for the Western District of Washington, said in a news release. “Stores and galleries need to partner with artists to ensure those artisans and craftsmen advertised as Indian Artists truly have tribal status,” Brown added, offering advice to businesses to ensure they comply with the law.

Rath falsely claimed to belong to the San Carlos Apache Tribe — while producing items that mimicked the Pacific Northwest tribal cultures that are hundreds of miles from his supposed Native homeland in Arizona. According to federal authorities, the goods were sold at the Raven’s Nest Treasure and the Ye Olde Curiosity Shop, both of which represented to customers that Rath was Native. And when agents from the U.S. Fish and Wildlife Service, which is part of the Department of the Interior, searched Rath’s home and studio, they found feathers from protected birds — including ones from golden eagles. He pleaded guilty to unlawful possession of these items in addition to violating the Indian Arts and Crafts Act.

Meanwhile, Van Dyke falsely claimed to be from the Nez Perce Tribe and was selling goods that he claimed were of Alaska Native origin — again far away from his supposed tribal background in Idaho. According to federal authorities, he produced the items using materials that were supplied to him by the non-Native owner of a gallery in Pike Place.

“Van Dyke had worked with the gallery for more than ten years, with the gallery owner providing him with woolly mammoth ivory, antlers, animal bones and fossilized walrus ivory to make the pendants that it sold,” the U.S. Attorney’s Office for the Western District of Washington said in the March 1 news release. A day later in Texas, the U.S. Attorney for the Western District announced the sentencing of Kevin Charles Kowalis, 60, for violating the law. According to federal authorities, he falsely marketed and sold jewelry online that he claimed were of “Zuni” and “Navajo” origin even though he does not belong to either tribal nation.

“Fraud can come in many forms but always carries the intent to deceive a victim,” U.S. Attorney Jaime Esparza of the Western District of Texas said in a news release. “Offenders like this defendant victimize both our cherished Native American community and consumers who believe they’re collecting authentic pieces of Native American culture. We will not stand idle while someone takes advantage of our citizens and our federal resources.” Kowalis will serve five years probation for his crime and was ordered to forfeit his inventory, pay a special assessment and pay restitution to a victimized artist from the Pueblo of Zuni.

The total amount appears to be relatively low — less than $1,500, according to court records. No fines were ordered due to his “inability to pay,” the criminal judgment reads. “This sentencing is important in the fight to end this type of fraud,” said Assistant Director Edward J. Grace of the U.S Fish and Wildlife Service’s Office of Law Enforcement. “Our dedicated team of special agents works on behalf of the Department of the Interior and the Indian Arts and Crafts Board to protect American Indian and Alaska Native artists and the consumers who purchase authentic Native American art and craftwork.”

Over in Washington, Rath and Van Dyke are due to be sentenced on May 17. As part of a plea agreement, federal prosecutors said they won’t seek prison time for Van Dyke. Rath did not obtain any promises regarding sentencing in his plea agreement. A federal judge, though, will make the final determination on punishments for both individuals.

“The Indian Arts and Crafts Board (IACB) is very pleased that Jerry Chris Van Dyke and Anthony Rath have been brought to justice for their roles in selling fake Indian artwork in violation of the Indian Arts and Crafts Act,” said Director Meridith Stanton, the leader of the IACB, which is part of the Department of the Interior. “Cases like these are critical to preserving the integrity and viability of authentic Native American art and craftwork in general, as well as preserving the rich cultural heritage of the Nez Perce Tribe and the San Carlos Apache Tribe and the economic livelihoods of their artists and craftspeople,” said Stanton.

The IACB helps look into potential violations of the Indian Arts and Crafts Act, offering examples of possible wrongdoing. But the board’s website notes that items that are marketed or portrayed as “Native American style” or “Native American inspired” can be sold without violating the law — so long as there is “qualified labeling” available to the consumer.

The draft discussion of the ARTIST Act maintains the legality of these categories of “Native American-style jewelry” and “Native American-style arts and crafts” but requires that such items be “indelibly marked” or labeled in a “permanent” fashion, to ensure the consumer is aware that they are not produced by an American Indian, Alaska Native or Native Hawaiian artist.

And while the title of the ARTIST Act contains the word “Indigenous,” the proposed bill does not contain any definitions of a term that has become increasingly used by people who are creating, marketing and selling art that they claim is Native in origin.

An example just emerged in New York, where a self-described activist opened an exhibit in February that appropriates numerous elements of Native culture even after admitting to Indianz.Com that they do not belong to any tribal community. The exhibition, located at a small gallery in the Upper East Side of New York City, notably incorporates the red imagery that Native women developed and brought to prominence to raise awareness to their missing and murdered sisters and relatives. It also includes a visual representation of a Native quilted blanket — albeit with the word “PRETENDIAN” stitched into it.

The Soul of Nations Foundation has prominently marketed the installation as “Indigenous” in origin, a designation that has prompted some Native people to consider reporting it to the Indian Arts and Crafts Board for possible violations of the Indian Artist and Crafts Act. In fact, the non-profit’s executive director and founding member, Ernest Hill, contacted Indianz.Com numerous times in advance of the opening on February 24, soliciting news coverage for an individual who removed all references to their supposed tribal affiliation over a year ago.

Yet Hill, whose parents served as religious missionaries to the Navajo Nation and to other reservations, has since refused to answer questions about the exhibition — including inquiries about the artist’s supposed tribal background.

Materials that Soul of Nations produced for the installation claim it is directed to “Indian Country” but the organization has repeatedly refused to respond to inquiries about the use of the designation in connection with someone who admitted they lack ties to any tribal community. Hill and Soul of Nations also have refused to clarify the source of funding for the project.

In press materials, they proudly assert that the installation has received “support” from the Department of State. On social media, Hill and Soul of Nations gave a different story. In response to a prominent Native environmental leader who has repeatedly attempted to hold the self-described activist accountable for the false claims of tribal belonging, they claimed that “no outside funding was provided for this exhibition.”

When asked to explain the discrepancy between the press materials and the social media post regarding their claim of receiving federal support, Hill and the Soul of Nations refused to respond. The organization started blocking Native users on social media and began restricting interactions on one of its accounts after questions were raised about the installation. The Soul of Nations website, incidentally, includes a prominent reference to the “Senate Committee on Indian Affairs” on a page that has been used to solicit monetary donations. The Department of State is also listed in the same section of the site.

Since the opening of the installation last month, the self-described “Indigenous” individual has posted on social media about being on “Day 371” of a “cancel” and a ‘call out” that has purportedly kept them “jobless.” The number of days is counted from the February 25, 2022, story on Indianz.Com that reported on their their non-existent tribal affiliations. The next post on the private account was about the installation, which opened to the public a year following publication of the story. The user has since deleted hundreds of posts about their supposed tribal background from the account, whose name is a variation of an anti-LGBTQ slur.

The Senate Committee on Indian Affairs is accepting comments about the Amendments to Respect Traditional Indigenous Skill and Talent (ARTIST) Act of 2023 until April 14. Comments can be sent to Artist@indian.senate.gov.

[fridayiminlcve]

if i dont move to nyc or london or paris by age 27 what is the point of anything

[stefanmikaleson1864]

0802 Part Two !

Requested by @sirishavenigalla !!! I reallyhope you like this and it was worth the wait ! Thank you for being patient while i tried my best to finish it !

Hi , thank you so much for writing that , I enjoyed reading it. I was wondering if you could write part 2 where the Indian American reader and Jamie get engaged , but things start to get rough, the reader is tired of him being reckless on the field and constantly coming home late . She’s sick and tired of staying up late and wondering when he’s going to come home and worrying about whether he’s going to come back in one piece. They get in to a argument about it , she tells him she can’t do this anymore and stays at her friends place. The next day she stops by at OC on her way to drop off the aloo ( potato) samosas as well as ladoos she made because she knows how much Jamie and the team like them . Elliot notices how upset the reader is and knocks some sense in to Jamie . Jamie realizes he can’t lose her again (he wants to spend the rest of his life with her ) he apologizes and makes it up to her . 

Y/N”S POV

Where do I begin this ? Things have gone from bad to good to bad again. Me and Jamie got engaged and we were so happy and so excited

. The thought of spending forever with someone was so exciting. We had so many celebrations and dinner’s and it felt like a whirlwind. 

Then the hard parts started. Jamie was going back to being reckless and doing whatever he wanted. It was like he didn’t have anyone to come home to

. Which hurt me a lot. It’s not like I wanted him to become a different person. I just wanted him to act like he cared. 

He also was staying out a lot longer past his shift. You don’t know where he was or what he was doing.

The thought of him cheating didn’t cross your mind. You knew that what ever was going on he wouldn’t cross that line ever.

I tried everything I could to get the point across to him because everything I did seemed like it never worked. He just kept saying the same thing over and over again. That this was his life and he needed me to respect that. 

The way he was treating you made you feel like you had some regrets about everything. He made it seemed like your opinion didn’t matter and that he was the only one in the relationship. 

Something big had to happen in order for things to change. You debated over and over again in your head what that decision would be. You just needed to take some time and clear your head out. 

You had a friend who had a spare bedroom in her house. She offered it up to you a couple months of ago when the bad times started. But you didn’t want to leave him not yet anyways. 

Sara was incredible. You two meant years ago at a bar when both of your dates stood you guys up. You bonded over everything your passion for work and even your favorite tv shows. 

She truly was your sister and you were blessed beyond measures to have her. 

Now it felt like you had no other choice. It was either losing him temporary or forever. So while he was at work you packed up your stuff and you left. Taking some things for a couple of weeks. 

Packing up your stuff you could feel the heartbreak and the pain. The tears wouldn’t stop flowing down your face. You kept second guessing it every time you put something in your suitcase. 

But there was no turning back now and you kept it going, reminding yourself this was out of love. 

You were getting the last little bit of stuff ready when you heard a beep coming from outside.

It was time for you to go. So you zipped up the suitcase and slowly made your way out. 

Your friend was sitting in her car looking at you with a sad face. She smiled up at you and you walked down to the car and threw your stuff in the trunk. 

You made your way up to the front and she reached out and gave your hand a squeeze. 

“Hey come on it’s going to be okay” She said. 

“Thanks I know” was all you could muster out. 

The two of you drove off and the car ride to the house was pretty silent. You couldn’t help but wonder was this the best thing or were you running away from your problems? 

“Your doing the right thing you know”  Sara said

“How do you know” You said 

“Because you need to follow your heart and your smart you know what your doing” She said. 

“You always see the good” You said 

“Sometimes you have to” Sara said. 

The conversation kind of fell flat after that and you just tried to shake your thoughts out and not over think everything like you always do. 

Finally after what felt like forever you made your way to sara’s house. It was so beautiful and you were lowkey jealous she lived there. 

“Come on let’s get you settled in” Sara said. 

You grabbed your stuff out of the car and headed in. She walked you up to your room and it was beautiful a nice big room with a view. 

“It’s so beautiful” You said looking around it. 

“Thank you now you relax and come down for lunch when your ready” Sara said. 

You smiled up at her and she headed out. You took your stuff out and placed it inside the drawers. 

After you were done you just sat on the bed and you let a few tears fall. How did you get here you thought. 

You just shrugged it off and your stomach growled so you headed down for food. Sara was making lunch just some sandwiches and you couldn't complain food was food. 

“Here eat” Sara said placing a plate in front of you.

You sat down on the island and grab the food in front of you. It was a ham and cheese nothing special but you were grateful nonetheless. 

You both just started eating in silence. Sara was struggling to find the right words to say to you. She knew no matter what she said nothing was going to comfort you. 

After lunch you cleaned up and went straight up to your room. You laid in the bed and watched tv and kept checking your phone. Hoping and praying he would reach out. 

You just cried a little bit and a couple hours had passed and you didn’t realize how late it had gotten. 

It was getting late so you decided to start getting ready for bed wanting more for the day to end. Jamie didn’t text you or call so you figured he wasn’t home yet. 

You got up and got your Pajama’s to change into whe suddenly your phone went off and you raced over to pick it up. 

It was Jamie calling you and you couldn’t tell if you were more happy or upset or worried. It was like everything was all mixed into one. 

“Hello” you blankay answered the phone. 

“That’s all i get is a hello where are you what happened” Jamie yelled into the phone you could hear the panic in his voice. 

“I left you a note to let you know I was safe. But come one this can’t be a surprise” You said. 

“We could have talked it out not run away from our problems” Jamie said. 

“I don’t have a problem you do fix it and figure it out” You snapped back. 

You hung up the phone and felt the tears fall down from your face. 

This wasn’t on you he was the one who was treating you different and not caring. So why should you. You weren’t going to be the only one putting effort into this relationship.

A few weeks had passed sense you moved into Sara’s house. You honestly had thought you would moved back in now but that wasn’t the case. Neither of you were budging. 

You weren’t the one to blame and he needed to see he was the one who needed to fix this and make it right. 

Put the other part of you just wanted to reach out and talk to him and clear the air. You just wanted to fix things. 

You also felt bad that you were still crashing here. Sara said it was fine and that you could crash as long as you needed. 

Right now you were sitting around in the living room when your phone started ringing. To your surprise it was Elliot calling you. 

When you saw it you were first confused then the panic started setting in . 

“Hey omg is everything okay” You asked all in one breath. 

“Whoa slow down it’s okay it’s not like this” Elliot said. 

“Look i’m calling to be a mediator” Elliot said.

“What do you mean” You asked taking a breath. 

“I mean is your both miserable and Jamie is beating himself up hard and you know him he’s not gonna reach out he’s just gonna sull and he’s gonna throw it away don’t let him” Elliot said. 

“I don’t know why can’t he just come to me and say he’s sorry” You said. 

“Because he’s afraid he’s been through a lot he doesn’t know how to communicate” Elliot said. 

He was right about that Jamie had been through a lot. Maybe you shouldn’t be so hard. 

“Fine let me think about it” You said 

“Thats all i ask were gonna be here late” Elliot said. 

He hung up the phone after that. It did get you thinking about a lot. 

You kept wracking your brain what to do so you decided to be nice and bring him dinner well the whole crew. 

You made him your famous aloo samoos and ladoos. He loved them he always ate them up in a heartbeat so you made extras. 

After you cooked you got a hot shower and finally put on some nice clothes. You felt good and you were excited and nervous to see Jamie. 

You gathered up your food and headed out. The drive down your butterflies were going off. But you also felt like anything could go wrong. You just kept replaying every single thing that could go wrong. 

It was about a half hour away and when you got there you decided it was no turning back now. You gathered up your food and headed in. 

Everyone was sitting around and not doing anything really. Jamie was sitting at his desk with his head down. 

Elliot was the first one to notice. He smiled up at you and got up and ran over.

“Hey thank you for coming and even more so for the food we missed you around here” He said he grabbing the food and taking it into the kitchen. 

Jamie heard Elliot talking and the smell of the food and got up from his desk. He just kind of stared at you. 

“God damn it man go and talk to her” Ayanna yelled out. 

“For the love of god she’s standing right there go right now or your fired” Elliot yelled out. 

It made both laugh and Jamie walked over to you. 

“Can we talk in private” He said quietly 

“Yeah come on” you said 

“Boo no fun we wanna hear” Jet yelled 

Everyone laughed and you both headed out the front door. 

“Y/n” Jamie started 

“What is going on” You asked looking at him. 

He was staring at the ground and slowly his eyes landed on yours. His eyes looked desperate. 

“I don’t know i just” Jamie yelled. 

“You just what this is what I mean you just kept shutting me out i’m sick of it I can’t take it anymore we can work like this” You yelled the tears falling from your eyes. 

That Broke Jamie seeing you cry. He never meant to hurt you like this, he knew you deserved better that what he was doing. 

“I just got scared I guess you know things got real fast and I love you and you know what i’ve been through. The easier option was to just push you away and I didn’t want to reach out because I thought you didn’t wanna hear from me” Jamie said honestly. 

“You can’t just do that okay. I’m gonna be your wife I love you come to me when your scared or hurt I’m not going anywhere I love you, your the best thing that’s ever happened to me” You said. 

“I love you more than life itself I don’t wana loose you ever okay” Jamie said 

“You need to get help go to therapy and talk to someone. This can’t happen again” You said honestly. 

“I know I will done” Jamie said 

He grabbed your face and leaned down and kissed you. The butterflies were erupting in your stomach and you missed this so damn much. 

“ I love you” Jame said breaking the kiss and placing his forehead on your 

“I love you more” You said 

“I love you both now i hate to break this up but were all hungry and the food is warmed up so let’s eat” Elliot said. 

You both jumped not hearing him come out. 

“We were having a moment” Jamie said 

“Yeah we got that but food let’s go” Elliot said. 

You both laughed and Jamie grabbed your hand 

“Let’s go eat” He said. 

He grabbed your hand and you both followed him inside and into the kitchen. 

Everyone had plates and the food all spread out. There was chairs all brought in so you could all sit together 

“I see everything worked out” Jet said 

“Yeah it did” You said 

“Good i’m glad i could not stand for another moment Jamie walking around sulking all day it was getting to much” Elliot said. 

“Oh well he was sad because you didn’t move in with him” You said laughing. 

“Yeah i think he asked but we didn’t get conformation you said no” Ayanna said 

“Uh he wanted me to sleep on the right side he knows better” Elliot said. 

Everyone laughed at that 

“Y/N is a much better partner to sleep with” Jamie said. 

“Awww well I don’t know Elliot is nice” You said 

“Well you keep bringing this food in I’m yours anytime” Elliot said. 

“Nah this mine forever” Jamie said. 

“Damn straight” You said. 

Everyone was joking and eating and enjoying themselves and you were so grateful Elliot called. It was going to take some work and you and Jamie both had a lot to talk about when you got home.

But he was your person and he was worth the fight for and you were so happy to be coming home.

[majorshatterandhare]

Hey, look at me! I did it. I listened to a new-me-album. I don’t do that very often.

It took me 2.5 years to listen through all the mechs albums and feel like I have spent a good amount of time with each, feel content with them. Reach for them all equally as much (except maybe TtbT2, which is my favorite).

It has taken me 8 months to decide to listen to a second Jessica Law album. Not because I didn’t like Languid Little Lies, but because I absolutely adore it!

I’m just so happy and content to listen to the same stuff all the time that I don’t ever feel the desire to seek out new stuff. That goes for music, podcasts, tv, movies.

I feel a bit bad for not having more knowledge on the other projects mechs members have done and continue to do. I would like to love everyone’s work, it’s just gonna take me years to get through everything sufficiently. But also that means I don’t have to fucking worry if I do come to a point that I’m desperate for something new because there will be something to reach for.

And like, I didn’t like HNOC for quite a while. I continued to listen to it on occasion because I liked everything else I knew by them; didn’t understand why I didn’t have any enjoyment from it. I think it was mainly because I had almost zero knowledge of Arthurian legend. Had to read Gawain and the Green Knight in high school and listened to a retelling of the story where Merlin gets trapped in a cave forever by a lady on Myths and Legends (podcast); didn’t really care at all. Wanted to care (about Arthurian Legend) because I knew that a lot of Celtic myth got fucked up and put in there. So everytime I listened I’d end up reading more about Arthurian legend because I couldn’t remember who was who until finally I understood it well enough that I could actually enjoy everything smart about it and the music itself and trans Mordred and more and more. I didn’t have that issue with OUaTiS or UDaD or TBI because I had knowledge of European fairytales and Greek myth and enough about Norse myth already. Same reason I usually skip Drop Dead, the first song on my favorite mechs album. I just don’t care about it at all, in an ambivalent way. It doesn’t do anything for me. But I also have no experience with Crypt of the Necrodancer. But I listen to it on occasion because there’s nothing wrong with it and maybe this time will be the time it clicks.

[thepotentialof2007]

Intuitively, tribes should possess the territorial authority to regulate reproductive healthcare as they see fit. We allegedly live in the self-determination era of federal Indian law, increasingly reinforced by international law. But Native women know all-too-well these terms and promises are currently thin veneers atop a historical mountain of oppression. Native reproductive health has been under assault since contact. Native midwifery, healing, marital customs, kinship ties, and gender identity have all been targeted by assimilation policies. Native reproductive health has been corralled into under-funded yet paternalistic clinics. Native bodies, too, have not been exempt. Denigrated. Fetishized. Targeted. The Missing and Murdered Indigenous Persons crisis articulates a centuries-long exposure to the highest rates of sexual and gender-based violence.

To turn to tribes now is galling. It reveals a disappointing ignorance of the legal battles tribes have been fighting, seemingly without end. But it also reveals a problematic disregard for the trauma and vulnerability that Native peoples face. No, tribes do not offer a safe-harbor from harmful state abortion prohibitions. It’s time we step up to address why.

[moniquill]

Here is a brief summary of what is happening in Wikipedia right now:

In the last few years (3-4 years) the WikiProject Indigenous peoples of North America, which was originally created to improve the quality and coverage of native issues and native articles on wikipedia, has been hijacked by a small number of users with an extremist agenda. They have been working diligently over the last few years to change the definition of both what it means to be an Indigenous American and even what it means to be state and federally recognized.

The four or five key players (Mainly Editor Yuchitown, Bohemian Baltimore, ARoseWolf, (now retired editor CorbieVreccan, Netherzone and Oncamera) who are part of the “Native American Articles Improvement Project” started implementing these changes slowly, but they started pursuing their goals aggressively after November 2023, when state-recognized tribes retained their voting rights in NCAI. Essentially, after the movement to delegitimize state-recognized tribes failed officially, the key players doubled down on altering and controlling the flow of information about Native Americans through Wikipedia.

The talk page of Lily Gladstone’s article has a relevant discussion here. Initially, the leaders of the WikiProject removed any reference to her being a “Native American Actress” and instead had her as “Self-identifying as Blackfoot” and “Self-identifying as Nez Perce” because her blood quantum was too low to be enrolled in either tribe.

You can see some of the discussion here:

 https://en.wikipedia.org/wiki/Talk:Lily_Gladstone

Eventually they relented and changed her category to being “Of Nez Perce Descent” but you can see in the discussion that they are referring to an article that these editors (Yuchitown, Bohemian Baltimore, and CorbieVreccan) themselves appeared to have mostly written and revised:

https://en.wikipedia.org/wiki/Native_American_identity_in_the_United_States

This statement is very much at odds with even the government’s description, as seen below;

The DOJ Office of Tribal Justice Office on their webpage “Frequently Asked Questions About Native American”, question “Who is an American Indian or Alaskan Native” states:

“As a general principle, an Indian is a person who is of some degree Indian blood and is recognized as an Indian by a Tribe and/or the United States. No single federal or tribal criterion establishes a person's identity as an Indian. Government agencies use differing criteria to determine eligibility for programs and services. Tribes also have varying eligibility criteria for membership.”

In addition, “List” pages have been created on Wikipedia for federally and state recognized tribes. The Wikipedia “List” page for state-recognized tribes is inaccurate in its interpretation of state recognition and not supported by expert reliable sources--(1) Cohen’s Handbook of Federal Indian Law 2012 edition, (2) NCSL.org current stand on state recognition (not the archived list from 2017 which NCSL no longer supports), (3) Koenig & Stein’s paper “Federalism and the State Recognition of Native American Tribes: a survey of state-recognized tribes and state recognition processes across the United States” (both 2008 & updated 2013 in book “ Recognition, sovereignty struggles, and indigenous rights in the United States: A sourcebook”)

https://en.wikipedia.org/wiki/State-recognized_tribes_in_the_United_States

State-recognized tribes who have received recognition through less formal but acceptable means have been moved from the Wikipedia list page on state-recognized tribes to the Wikipedia list page of unrecognized or self-identifying organizations.

The Wiki page "List of organizations that self-identify as Native American tribes", in particular, is being used to purposely defame legitimate Native American individuals who are members of the tribes/Native communities that are on this list. 

By the parameters set up on Wikipedia, only the colonizer’s governments can acknowledge who is Native American through either federal recognition or state recognition. If an individual is not a member of a federally or state-recognized tribe, then it is determined that they cannot be Native American and are, instead, considered “self-identifying” or only “a descendant of ...” (example Lily Gladstone). As a result, Native individuals are currently being tagged as “self-identifying” and their names are put on “list” pages that strongly imply they are “pretend” Indians.

These editors have indicated that they would like “self-identification” to be the default setting for any people who they deem do not fit within the parameters that they themselves created within Wikipedia.

Moreof, these editors are admin and senior editors within the Wikiproject Indigenous Peoples of North America, and are being called in specifically to weigh on Native Identity, and any project involving any Indigenous Group.

Any attempt to correct misinformation, add information, or change any of these articles is often met with being blocked, reported for various offenses, or reported for having a Conflict of Interest, whether or not that is actually applicable. They have use this strategically in many different pages for many different individuals and groups within the scope of their Wikiprojects.

While changing things in Wikipedia does not change the truth, it is a way to control how most people take in information, and thus they hope to manipulate the narrative to better suit their goals.

This is quick and messy but:

Here is a link to the google document with the other state recognized tribes (Including yours) that were edited by these editors. This is an incomplete list so far that only goes back to September 2023 but I am going to add to it. If you can add to your own part of this list, and send your complaints and information to the arbitrator committee (the email is below) with the involved editors, this will help our case.

The  more tribes who complain, and the more Wikipedia editors complain, the better our case will be. 

https://docs.google.com/document/d/1YNDEjLTrrZ_mMIRCVxtvt69FwCYpJWKs71lBhWa5a9M/edit?usp=sharing

The place to make complaints on Wikipedia is oversight-en-wpwikipedia.org , and

arbcom-enwikimedia.org . It is most helpful to have an editing account on Wikipedia, because Yuchitown and the others will try to defend themselves using Wikipedia methodology and make anyone who confronts them look like the aggressor (see the other tribes who tried to fight back on Wikipedia I found).

The more people and tribes make complaints the more likely it is that this will work and we can rid ourselves of these monsters.

Some of the tribes I have spoken to are taking legal action against these editors. Any groups affected by their policies should also reach out to the news to make knowledge of this more widespread.

Thank you

- quoted with permission from an email sent by an associate of my tribe. Message me for their email address if you'd like to reach out to them.

[nando161mando]

Nearly 700 Jewish professors call on Biden not to sign controversial antisemitism legislation

https://thehill.com/homenews/education/4651826-jewish-professors-biden-antisemitism-legislation/

[esportopedia]

Steam explains its stance on AI games

Valve has faced criticism in recent days for blocking a game that uses it. artificial intelligence content. The uproar was caused by an independent developer complaining about the Reddit community. Valve denied him the release of the game on Steam and demanded that he prove ownership of all necessary rights. But, according to the person, these were early templates for his project, and he did not…

[signipotens]

Observations:

No organic act has ever been passed by Congress to organize American Samoa

Pursuant to Rice v. Cayetano, Pacific Islanders, until such point as the United States Government chooses to recognize them as such, do not constitute a people with whom the United States has a trust relationship, and thus hold no Aboriginal title under the trust and authority of the United States

American Samoa, being both east of the International Date Line and east of the 180º meridian, is west of the Mississippi River

The Indian Removal Act of 1830 has never been repealed or overturned (while only sections 7 and 8 have been codified as 25 USC §174, Title 25 of the United States Code has never been enacted into positive law, and thus §174 merely supersedes the relevant sections of the Act and does not repeal it in its entirety)

Conclusion: Joe Biden can at any time divide all or some of American Samoa into territorial districts and then give those districts to any Indian or Alaska Native Tribal entity who wants them in exchange for equivalent Tribal territorial holdings (or other equivalent compensation) anywhere else in the United States

[protoslacker]

Our Mission:The Native American Rights Fund holds governments accountable. We fight to protect Native American rights, resources, and lifeways through litigation, legal advocacy, and legal expertise. At any given time, NARF’s attorneys and staff are working on dozens of cases and projects that span the broad breadth of Indian law and tribal sovereignty. Beyond litigation,  our work can include things like advocacy, training & technical assistance, and consulting on issues of tribal law. 

[summercomfort]

in my pursuit of ever-increasingly niche comics, I drew a 13 page comic about Tape v Hurley, a court case about Chinese-American school segregation in 1885. The rest of the pages are after the readmore, as well as on AO3 here. More obsure Chinese American court case comics are there, as well.

Historical Notes

Mary and Joseph Tape were not born in America, but their names and identities were very much formed in America. Joseph Tape was born Jeu Dip in Guangdong, China, immigrated the America when he was twelve, and spent his teenage years working as a house servant in an Irish household. Mary arrived in America at the age of eleven, and was found and raised as Mary McGladery in a Protestant orphanage as the only Chinese child amongst ~80 children. Both Mary and Jeu spent their formative years amongst White Christian families, so when Jeu Dip and Mary married in 1875, little wonder that Jeu picked the English name of Joseph Tape -- Joseph to match with Mary, and the German last name Tape as a nod to his former name of Dip.

The Tape family lived about 14 blocks outside of Chinatown, in a primarily white neighborhood. They dressed in Western clothing, spoke English at home, and Mamie grew up playing with non-Chinese kids. Naturally, they wanted their children to attend the local elementary school, a mere 3 blocks from their home. The principal, Ms. Hurley, denied her entrance, claiming that she was “filthy and diseased.” At the time, there was no public school option for Chinese children -- the 1870 state law stipulated separate schools for “African and Indian children” only, not Chinese. The Tape family, with the help of the Chinese Six Companies, their church, and the Chinese consulate, decided to sue, claiming that the 1880 California school code guaranteed everyone a right to public education and that this was a violation of the 14th Amendment.

They won.

But this was 1885, three years after the passage of the Chinese Exclusion Act and six years before Plessy v Ferguson. Regardless of what the California Supreme Court might decide, public sentiment was on the side of the San Francisco school district. Determined to keep out this “invasion of Mongol barbarism”, the California State Legislature passed a law permitting separate schools for Chinese children, which then allowed Principal Hurley to reject Mamie Tape once more.

While Mamie was rejected from the Spring Valley Elementary School for being Chinese, she also had a hard time fitting in to the Chinese public school. The Chinese merchants saw Western education as something primarily for boys. (Their girl children learned from their mothers at home.) Mamie, a girl dressed in Western clothes, would have stood out like a sore thumb. The final panel of the comic was based on a photo from three years later, and even then, Mamie was the only girl.

Places where I fudged the history: Frank, Mamie’s younger brother, was actually six years old and should have been more present in the comic, but I wante to keep the focus on Mamie and Mary. Also, Mamie had actually shown up to her first day of school in Western clothes. An earlier draft of the comic had a separate arc involving Mamie feeling rejected at school and Mary buying her some Chinese clothes, but that got too long and complicated.

Much of this was drawn from Mae Ngai’s book about the Tape family and their experiences as 2nd and 3rd generation Chinese Americans, titled “The Lucky Ones.”

----------

Here is Mary Tape's letter to the San Francisco School Board, 1885:

1769 Green Street. San Francisco, April 8, 1885. To the Board of Education - Dear Sirs: I see that you are going to make all sorts of excuses to keep my child out off the Public schools. Dear sirs, Will you please to tell me! Is it a disgrace to be Born a Chinese? Didn’t God make us all!!! What right have you to bar my children out of the school because she is a chinese Decend. They is no other worldly reason that you could keep her out, except that. I suppose, you all goes to churches on Sundays! Do you call that a Christian act to compell my little children to go so far to a school that is made in purpose for them. My children don’t dress like the other Chinese. They look just as phunny amongst them as the Chinese dress in Chinese look amongst you Caucasians. Besides, if I had any wish to send them to a chinese school I could have sent them two years ago without going to all this trouble. You have expended a lot of the Public money foolishly, all because ofa one poor little Child. Her playmates is all Caucasians ever since she could toddle around. If she is good enough to play with them! Then is she not good enough to be in the same room and studie with them? You had better come and see for yourselves. See if the Tape’s is not same as other Caucasians, except in features. It seems no matter how a Chinese may live and dress so long as you know they Chinese. Then they are hated as one. There is not any right or justice for them. You have seen my husband and child. You told him it wasn’t Mamie Tape you object to. If it were not Mamie Tape you object to, then why didn’t you let her attend the school nearest her home! Instead of first making one pre tense Then another pretense of some kind to keep her out? It seems to me Mr. Moulder has a grudge against this Eight-year-old Mamie Tape. I know they is no other child I mean Chinese child! care to go to your public Chinese school. May you Mr. Moulder, never be persecuted like the way you have persecuted little Mamie Tape. Mamie Tape will never attend any of the Chinese schools of your making! Never!!! I will let the world see sir What justice there is When it is govern by the Race prejudice men! Just because she is of the Chinese decend, not because she don’t dress like you because she does. Just because she is descended of Chinese parents I guess she is more of a American then a good many of you that is going to prewent her being Educated. Mrs. M. Tape

[olowan-waphiya]

Supreme Court leaves Indian Child Welfare Act intact - https://www.npr.org/2023/06/15/1182121455/indian-child-welfare-act-supreme-court-decision?origin=NOTIFY