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Taste of Tulalip – The Culinary Festival of the Year

5th Anniversary Highlights Include Extraordinary Epicurean Events, Celebrity Chefs & Sommelier Superstars

Tulalip, Washington – Tulalip Resort Casino is gearing up for a weekend of revelry to celebrate the 5th anniversary of Taste of Tulalip, its coveted award-winning food and wine aficionado event. Scheduled for November 8 and 9, 2013, this year’s line-up of top talent, to be announced within the next month, will include many familiar names as well as some stars on the rise. Past culinary celeb appearances have included ABC TV’s “The Chew” host Carla Hall, Bravo’s Top Chef Master and author Marcus Samuelsson, wine legend Marc Mondavi, “Thirsty Girl” Leslie Sbrocco and others. Executive Chef Perry Mascitti and Sommelier Tommy Thompson are putting together a dazzling roster of food, wine and tradition show-stoppers that have been a year in the planning. Taste 2013 will feature honorary winemaker Bob Betz of Betz Family Winery. Taste of Tulalip tickets have just gone on sale at Ticketmaster, with Friday night Celebration dinner tickets soon to follow.

The two-day gathering, with a focus on food, wine and tradition, begins with a Friday night wine and passed hors d’oeuvres reception, followed by the aptly named Celebration Dinner. The multi-course repast will focus on Native American and traditional recipe inspired dishes, paired with a global offering of rare, top wines. It is priced at $175. Tickets are limited and this event is always a sell-out.

On Saturday “All Access” pass holders ($295) will enjoy early entrance to the unforgettable Grand Taste; a VIP seminar featuring a celebrity cooking demo, table talk and Q & A session on the Viking Kitchen Stage; a private Magnum Party where they’ll be treated to a high level wine and indigenous food pairings; and a special bonus this year – two in-depth Reserve Tasting forums.

The weekend’s highlight is always the Grand Taste, spanning four hours and featuring lavish food stations as well as over 100 wines from Washington State, California and Oregon, and craft beer. It is priced at $95 and includes a Rock –n- Roll Cooking Challenge done “Iron Chef” style with celebrity judges looking for the best from both regional and Tulalip chefs, and sommelier teams. Special guest Emilio Lopez of El Salvador (a sixth generation specialty coffee producer), will be appearing at the Dillanos Coffee Roasters espresso bar, where guests will be able to sample a special TOT 5th Anniversary Blend.

All of the weekend’s wine offerings will be available in limited quantities for purchase in the Taste of Tulalip retail wine shop. There will also be book and bottle signings for those looking to personalize their purchases.

For tickets, go to www.tasteoftulalip.com or www.ticketmaster.com

PBS Newshour: Lummi Fighting Cherry Point Coal Export Terminal

Source: Indian Country Today Media Network

The controversy over coal-export railway terminals at Cherry Point near Lummi territory in Washington State has drawn the attention of the venerable Public Broadcasting System.

PBS Newshour broadcast a story on August 2 detailing the brewing battle, from tribal opposition to the reservations of health professionals concerned about the respiratory effects of both coal dust and diesel exhaust. The report starts and ends with input from Lummi fisher Jeremiah Julius, who articulates the nation’s concern about the destruction to habitat, air and tradition.

“The whole landscape is sacred to us,” Julius tells a reporter at the beginning of the segment. “There’s not much contaminant-free lands left in the United States. This is one of them.”

The segment aired the same day that the Lummi Nation sent a letter to the U.S. Army Corps of Engineers formally registering the tribe’s opposition to the plan.

Washington State officials along with other partners are conducting an environmental review of the shipping terminal project, which would entail exporting 54 million metric tons annually of “bulk commodities,” including as much as 48 million metric tons of coal per year, the Washington Department of Ecology said in a statement on July 31.

The Bellingham Herald reported on August 1 that a firm stance against the project “could stop the federal permit process for the coal terminal dead in its tracks.” Officials from the U.S. Army Corps of Engineers have said that if the tribe were to state in writing that there is no chance for an agreement with the company, SSA Marine, the federal agency would take that into account when evaluating federal permit applications.

“If the Lummis come to that position, it will make us reassess the direction we are going,” said Muffy Walker, the head of the Army Corps of Engineers’ regulatory branch in Seattle, at a press conference according to the newspaper. “We have denied permits in the past, based on tribal concerns.”

If Julius’s sentiments are typical, the Lummi Nation’s stance does not look likely to change.

“To me, these tankers are the trains that killed off the buffalo,” said Julius. “These tankers are going to kill my way of life. So to me, this is—it is a battle.”

Watch Pacific Northwest Weighs Environmental Risks of Cashing in on Coal Export Market at the PBS website.

2 accused of illegally selling caviar, steelhead, salmon

State agents believe the men have connections to an international poaching ring.

Diana Hefley, The Herald

EVERETT — An undercover operation in Snohomish County by state fish and wildlife agents has netted two men with suspected ties to an international fish-poaching ring.

The men are accused of illegally selling caviar, steelhead and salmon. One of the men admitted to illegally “snagging” at least 100 pounds of steelhead, prosecutors said. The men were charged on Tuesday with unlawful trafficking of fish, a felony.

“It’s bad enough when they’re stealing by harvesting illegally. They’ve added to the egregiousness by then making a profit,” said Mike Cenci, a marine patrol captain with the state Department of Fish and Wildlife.

Agents say the men are believed to be connected to a fish-poaching ring that was operating out of several other states. Earlier this year, eight men were indicted in Missouri on federal charges for poaching and trafficking in American paddlefish and their eggs. More than 100 other people were arrested or cited for their part in illegally selling Missouri paddlefish to national and international caviar markets.

American paddlefish, also known as spoonbills, are native to the Mississippi River watershed. The prehistoric fish can live for decades, weigh up 160 pounds and reach seven feet long. Criminals sell eggs from the boneless fish as higher-quality caviar.

“Paddlefish are often sold under the guise of sturgeon,” Cenci said.

With a decline in the highly-sought-after and expensive sturgeon roe, paddlefish eggs have gained popularity. The increase in demand has led to a decline in the paddlefish population, according to federal fish and wildlife agents. Chinese paddlefish, once plentiful in the Yangtze River, are believed to be almost extinct.

Authorities allege that Igor Stepchuk, 38, of Lynnwood, sold an undercover agent five jars of American paddlefish eggs for $500. He also is accused of illegally selling steelhead, and coho and chinook salmon.

The state Department of Fish and Wildlife began investigating Stepchuk after receiving a tip in 2011 that he was trafficking illegal caviar. The agent met with Stepchuk numerous times. His friend Oleg Morozov, of Kent, also is accused of trafficking fish.

Stepchuk, a convicted felon, eventually offered to sell the agent steelhead, court papers said. He reportedly told the agent he had poached about 100 pounds of steelhead. It isn’t clear where he caught them. He reportedly showed the agent a freezer full of fish.

Non-tribal fishermen are banned from selling steelhead. Commercial and recreational salmon fishing also is heavily regulated.

Cenci said it’s also illegal to catch fish by snagging, which often means dragging a hook through the water and impaling the fish, rather than waiting for a fish to bite.

“It’s offensive to sportsmen and sportswomen. It’s a matter of ethics,” Cenci said.

The defendants reportedly went on to sell the undercover agent more than a dozen jars of caviar and more steelhead. In total, the men charged the agent more than $4,500 for the fish and eggs.

Detectives sent samples of the caviar and fish to the department’s molecular genetics laboratory to confirm the species. The lab is used primarily to help manage wildlife and fish resources, but enforcement agents use the facility to assist with criminal investigations. DNA testing was done, and the samples were consistent with steelhead and chinook and coho salmon, court records said.

“That kind of activity has a great impact when you’re dealing with endangered salmon runs,” Cenci said.

Bob Heirman, conservationist and longtime secretary-treasurer for the Snohomish Sportsmen’s Club, has been planting salmon and trout in Snohomish County for decades.

Poachers are “robbing resources while some people are trying to recover them,” Heirman said.

Stepchuk and Morozov are expected to answer to the charges later this month in Snohomish County Superior Court.

Unfortunately, the state’s fish and wildlife species often find their way to illegal national and international markets, Cenci said. “We’ve seen everything poached from roe to bear gallbladders,” he said.

He encourages seafood eaters to make sure they are buying from licensed and legitimate sellers. “If there aren’t people willing to buy (illegal products) the incentive to poach for profit goes away,” Cenci said.

Death Tax For Twinkies! Navajo Health Activists Push for Junk Food Tax

Source: Indian Country Today Media Network

A group of Navajo activists advocating for healthy living is not deterred by the tribal council’s decision to reject their proposed Junk Food Tax Act of 2013.

The Diné Community Advocacy Alliance instead plans to partner with private businesses and introduce their bill as a referendum next election, reported the Navajo Times.

The bill aims to increase the tax on “junk food” by 2 percent and eliminate the 5 percent sales tax on fresh fruits and vegetables. The Alliance also wants to ban sales tax on water. Money reaped from the junk food tax would be distributed to chapters with the intent of funding wellness programs.

While delegates largely supported the tax elimination on fresh fruits and vegetables, many criticized the tax on “junk food,” saying it might incite Navajos to purchase groceries in reservation border towns with tax-free food, such as Gallup or Farmington, New Mexico.

Among other concerns, delegates expressed worries the tax may place more stress on disadvantaged families. But those who use Electronic Benefits Transfer (EBT) cards or food stamps will not be affected, because sales tax is excluded from eligible items. The Alliance plans to address the federal issue with EBT cards in the future; the cards promote sales of processed foods like chips and soda by reducing their cost.

Last week’s deliberation over the bill left the council divided over the tax increase on junk food but has opened conversation lines about the potential benefits of making purchases of fresh produce more affordable, and taxing and labeling unhealthy foods as “junk,” thus making it less appealing to consumers for monetary and psychological reasons.

Bad news, coal industry: Proposed export terminal is in for a tough review

By Eric de Place and Clark Williams-Derry, Cross-posted from Sightline Daily, Source: Grist.org

Editor’s note: The coal industry is desperate to ship its product to Asia because demand here in the U.S. has dropped. Three coal export terminals are currently proposed for Washington and Oregon (down from six a year ago). Before they can be built, their environmental impacts must be evaluated. Climate activists have been calling for broad evaluations of the myriad impacts, while industry wants just narrow studies done. Today comes word that the environmental impact study for one of the proposed terminals will be wide-ranging and rigorous — a win for anti-coal activists.

Hot off the presses: The three “co-lead” agencies in charge of reviewing the proposed Gateway Pacific coal export terminal at Cherry Point, Wash., have published the scope of their review. The major takeaway is that it’s bad news for the coal industry.

The industry did win an empty victory with the Army Corps of Engineers, the sole federal agency at the table, which opted for a narrow scope of review. But in the end it doesn’t much matter. One of the other lead agencies, the Washington Department of Ecology, is going to require in-depth analysis of four elements that the coal industry had desperately hoped to avoid:

A detailed assessment of rail transportation’s impacts on representative communities in Washington and a general analysis of out-of-state rail impacts.
An assessment of how the project would affect human health in Washington.
A general assessment of cargo-ship impacts beyond Washington waters.
An evaluation and disclosure of greenhouse gas emissions of end-use coal combustion.

Of those, two stand to be particularly damaging for would-be coal exporters: rail impacts and greenhouse gas emissions. There’s not a lot of wiggle room with either of those elements.

First, burning the 48 million tons of coal proposed for export at the terminal annually would release roughly 100 million tons of carbon dioxide, a staggering figure that amounts to as much carbon pollution as every activity in the state of Washington combined. In other words, it’s a clear environmental disaster that would overshadow every other effort the state has made to reduce climate-changing emissions.

Second, moving that much coal to a terminal will create congestion throughout the region. There’s simply no way around the math. In Seattle, for example, both Sightline and the traffic analysis firm Parametrix have confirmed that new coal export shipments would completely close major center city streets by an additional one to three hours every day, 365 days per year.

What’s worse for the coal industry is that the expansive scope of review will likely create further delay and uncertainty, potentially scaring off investors. Just yesterday, in fact, executives from Cloud Peak Energy, which plans to mine up to 10 millions tons of coal a year in Montana and ship it out through West Coast ports, griped about the slow progress on coal export terminals during a sad-sack discussion of its weak second-quarter earnings.

Now that public agencies will be tallying the manifest pollution, health, climate, and congestion impacts of the Gateway Pacific coal terminal, there’s likely to be even more opposition to planned export terminals. Plus, given more analysis and a wider exploration of the proposal’s problems, opponents will likely find abundant opportunities to litigate, which would of course create even more delay and uncertainty.

So the bottom line of today’s announcement for the proposed Gateway Pacific coal terminal: long delays, high costs, more opportunities for public opposition, and a near-certainty of litigation. Coupled with the ongoing collapse in Pacific Rim coal prices, it’s not a fun time to be in the Northwest coal export business.

Eric de Place is a senior researcher at Sightline Institute, a Seattle-based sustainability think tank.

Clark Williams-Derry is research director for the Seattle-based Sightline Institute, a nonprofit sustainability think tank working to promote smart solutions for the Pacific Northwest. He was formerly the webmaster for Grist.

Lummi Nation Opposes Development of Cherry Point Export Terminal with Letter to Corps of Engineers

Position calls into question future of massive Gateway Pacific shipping facility

Source: Pyramid Communications

LUMMI INDIAN RESERVATION, BELLINGHAM, Wash.—Building the proposed Gateway Pacific export terminal and rail spur at Cherry Point would “have a substantial impairment on the Lummi treaty fishing right,” the Lummi Nation said in a formal opposition letter sent this week to the U.S. Army Corps of Engineers.

Opposition by the tribe could imperil the terminal and rail spur.

“It will make us reassess the direction we are going,” Muffy Walker, the Corps’ district regulatory branch chief was quoted as saying by The Bellingham Herald. The Corps of Engineers has authority to grant permits necessary to build the terminal. “We have denied permits in the past, based on tribal concerns,” Walker was quoted as saying.

In the letter, Lummi Indian Business Council Chair Tim Ballew writes, “Any impact on the Lummi treaty fishing right is inherently an impact on the Lummi way of life…. We believe that the Corps should see that these projects would without question result in significant and unavoidable impacts and damage to our treaty rights.

Lummi Indians maintain the largest Native fishing fleet in the United States, and Lummi fishers have worked in the XweChiexen (Cherry Point) fishery for thousands of years.

If constructed, the Gateway Pacfic export terminal would be the largest coal terminal on the West Coast of North America. It would significantly degrade an already fragile and vulnerable crab, herring and salmon fishery, dealing a devastating blow to the economy of the fisher community.

“It is imperative that the Corps carry out its trust responsibilities as they relate to the Lummi Nation and the treaty rights to fish, gather and hunt in the usual and accustomed places,” Ballew wrote.

The complete text of the letter follows.

July 30, 2013

Colonel Bruce A. Estok, District Engineer
US Army Corps of Engineers – Seattle District
PO Box 3755
Seattle, WA 98124

Lummi Opposition: Proposed Gateway Pacific Terminal Bulk Dry Goods Shipping Facility (Ref. No. NWS-2008-260) and the Custer Spur Rail Expansion (Ref. No. NWS-2011-325) Projects

Dear Colonel Estok,

The Lummi Nation has unconditional and unequivocal opposition to the proposed Gateway Pacific Terminal (Ref. No. NWS-2008-260) and the inter-related Custer Spur Rail Expansion project (Ref. No. NWS-2011-325) projects at Cherry Point. As described in our resolution 2012-060 and in our previous letters dated October 17, 2011 and January 21, 2013 (attached), the Lummi Nation has a number of significant objections to the proposed projects.

In developing the Lummi Nation’s position on the projects, the Nation heeded the following principles:

“Everything is connected.” As our elders conveyed through our Xwlemi’chosen (Lummi language) that cultural and spiritual significances expressed by our ancestors for the land, water and the environment are all connected.
“We must manage our resources for the seventh generation of our people.” Our unique heritage requires us to honor our past, present and future generations. Since time immemorial we have managed resources that we are borrowing from our children and grandchildren.
As a tribal government, we have adopted the critical goal that we must preserve, promote, and protect our Schelangen (“way of life”).

Review of the known facts, data, site plans, and the development and operational goals of the projects have resulted in a clear and convincing conclusion that the proposed projects, if built and operated, would have a substantial impairment on the Lummi treaty fishing right harvest at XweChiexen (Cherry Point) and throughout the Lummi “usual and accustomed” fishing areas. Any impact on the Lummi treaty fishing right is inherently an impact on the Lummi way of life. The Lummi Nation cannot see how the proposed projects could be developed in a manner that does not amount to significant impairment on the treaty fishing right and a negative effect on the Lummi way of life. Please recognize this letter as a clear statement of opposition to these projects from the Lummi Nation.

The Lummi Nation expects that the Corps of Engineers (Corps), on behalf of the United States of America, to honor the trust obligations to the Lummi Nation related to these proposed projects. We believe that the Corps should see that these projects would without question result in significant and unavoidable impacts and damage to our treaty rights. If the projects at Cherry Point are constructed and operated there will be impacts on the Lummi treaty rights forever. It is imperative that the Corps carry out its trust responsibilities as they relate to the Lummi Nation and the treaty rights to fish, gather and hunt in the usual and accustomed places.

These comments in no way waive any future opportunity to participate in government-to-government consultation regarding the proposed projects and the associated state or federal government issued permits. Feel free to contact me if you have any questions about the attached comments or to schedule a government-to-government meeting regarding these projects.

Respectfully,

Tim Ballew II, Chair
Lummi Indian Business Council

Tribal canoes arrive at Paddle To Quinault final destination

Photos by Brandi N. Montreuil

WASHINGTON – Thousands lined the beach at Point Grenville on the Quinault Reservation to greet the arriving canoes. The Quinault Tribe will host the canoe families and visitors for a week of celebration.

QIN: Advising the new White House Council on Native American Affairs

Source: KBKW.com

Washington, D.C. – The Quinault government issued a white paper to the recently formed White House Council on Native American Affairs during its inaugural session in Washington, D.C. Tuesday. The Quinault paper, issued by Quinault President Fawn Sharp, responds to President Barack Obama’s directives to the new Council that it must work to facilitate “efficient delivery of government services” to Indian communities, and engage Indian and Native Alaskan governments for a “true and lasting government-to-government relationship.”

The document stated that the Quinault government “welcomes this opportunity to offer concrete comments and recommendations … that will strengthen the nation-to-nation relationship” and offered seven specific suggestions for success. It referred to the economic disaster of the last five and-a-half years that has undermined many tribal businesses across the country, and the sequestration of federal funding resulting in an “economic disaster among many tribes creating a profound sense of desperation in Indian Country.”

Commenting on the “chronic underfunding of Indian Country from federal agencies” starting with the Ronald Reagan Administration the Quinault government urged the new White House Council to send representatives to each tribe and Rancheria in the country to “engage in intergovernmental meetings.

According to President Sharp, the economic disaster of the last five and-a-half years has profoundly undermined many tribal businesses across the country, and the sequestration of federal funding resulting from the federal Budget Control Act will result in an economic disaster among many tribes, creating profound desperation in Indian Country in 2014 and 2015.

The White House Council should meet with each tribal government in the country. The purpose of these meetings would be to establish a dialogue with each tribal government to resolve the “disconnect and disparity between federal efforts to meet the needs of Indian Country and the actual on-the-ground needs.”

The Quinault government further urged formulation of federal agency policies based on “understanding current population characteristics, population growth data and the tribal economic environment.” President Sharp specifically urged the White House Council to share census and economic findings with each tribal government to ensure that tribal officials receive information to ensure their “free, prior and informed consent” to decisions that are made.

President Sharp specifically urged establishing funding levels on the basis of “qualified and quantified actual need” through a process of interagency cooperation, intergovernmental cooperation between tribal, state and federal governments, incentives to encourage public-private partnerships and expansion of tribal self-determination. The White House Council should document and assess “tribal government and community needs in terms of types of community needs quantified in terms of financial requirements for the next year and for the next three years,” said Sharp.

To strengthen the government-to-government relationship the Quinault statement to the White House Council called for the designation of representatives from the Department of State, Department of the Interior and the Department of Commerce joined by President Obama’s Senior Policy Advisor for Native American Affairs and Associate Director of Intergovernmental Affairs to enter into a dialogue with a Tribal Government Contact Group to discuss and negotiate a “framework for intergovernmental relations between tribal and federal governments.” The White House Council was also urged to recommend to President Obama the designation of a Special Counsel with the “authority of the President” to negotiate settlement of intergovernmental disputes between Indian nations and the United States government.

Clearly, my government welcomes the opportunity to offer concrete comments and recommendations to the White House Council on Native American Affairs as we enter another milestone in President Barack Obama’s commitment to strengthen the government-to-government relationship with Tribal Nations, said Sharp.

The new White House Council was established in a June 26, 2013 executive order by President Obama to improve coordination of federal programs and the use of resources available to tribal communities. It is chaired by the Secretary of the Interior, Sally Jewell, and is comprised of the heads of numerous federal executive departments and agencies. The council conducted a nationwide conference call Tuesday to help determine its mission and future activities, intended to strengthen the nation-to-nation relationship and facilitate the efficient delivery of government services.

If this new White House Council follows the right path, gets out of Washington D.C., works with the tribal nations on a true government-to-government basis and follows through on the need to work with us to find true solutions to our economic crises, we can and will make progress toward a better tomorrow,” said Sharp.

Frank Sex Talk Gets Sherman Alexie’s Book Yanked From Reading List

Source: Indian Country Today Media Network

It’s not the first time Sherman Alexie’s The Absolutely True Diary of a Part-Time Indian has been scrutinized for its mature themes. This time it’s New York parents saying their sixth graders aren’t ready for the content in the book and have asked that it no longer be required summer reading.

“It’s about… masturbation—which is not appropriate for my child to learn at 11,” Kelly-Ann McMullan-Preiss, 39, of Belle Harbor, who refused to let her son read the book, told the New York Daily News. “It was like ‘Fifty Shades of Grey’ for kids.”

At least eight parents planned to boycott the book, Parent Teacher Association co-president Irene Dougherty told the Daily News.

But before that was necessary, Public School/Middle School 114 in Rockaway Park, Queens announced on July 31 that the book would no longer be required summer reading. Prior to that announcement, incoming sixth graders had been expected to write an essay on the book, reported the Daily News.

McMullan-Preiss told the newspaper she didn’t want a book deciding when she would have the awkward conversation about masturbation with her son.

“And if God hadn’t wanted us to masturbate, then God wouldn’t have given us thumbs. So I thank God for my thumbs,” a line in the book says.

The book has come under scutiny before. The autobiographical story of a 14-year-old Native teen who explores questions of community, identity and tribe as he assimilates into a white, off-rez school has repeatedly been on the American Library Association’s list of most-challenged books. Though in 2012, it slipped from number two to number five on the list. It was cited for “offensive language, racism, religious viewpoint,” and for being “sexually explicit, unsuited to age group.”

The book has also been rewarded heavily, winning the 2007 National Book Foundation Award for Young People’s Literature. The book also appears repeatedly on the Best of BookUp Selections for 2013—these are chosen by students at middle schools.

In 2011, Alexie (Spokane/Coeur d’Alene) wrote a piece for the Wall Street Journal in defense of not only his book, but others with mature themes, titled “Why the Best Kids Books Are Written in Blood.”

“I write books for teenagers because I vividly remember what it felt like to be a teen facing everyday and epic dangers,” he wrote. “I don’t write to protect them. It’s far too late for that. I write to give them weapons—in the form of words and ideas—that will help them fight their monsters. I write in blood because I remember what it felt like to bleed.”

He defending his book back in 2008 as well when it was pulled from an Oregon classroom.

“Everything in the book is what every kid in that school is dealing with on a daily basis, whether it’s masturbation or racism or sexism or the complications of being human,” Alexie told The Bulletin, an Oregon newspaper. “To pretend that kids aren’t dealing with this on an hour-by-hour basis is a form of denial.”

While Teri Lesesne, who teaches young adult literature at Sam Houston State University in Huntsville, Texas, feels everyone should read the book at some point, “I’m not sure I’d give it to sixth-graders,” she told the Daily News. “I’m not sure sixth-graders are young adults.”

The Gloves Come Off: Civil Rights Suit Filed as Adoption of Veronica Finalized

Suzette Brewer, Indian Country Today Media Network

Before the adoption of Veronica Brown to Matt and Melanie Capobianco was finalized yesterday in a South Carolina courtroom, the Native American Rights Fund made good on its promised Civil Rights litigation, filing a complaint late Tuesday night in federal district court on behalf of the girl’s right to due process in a “meaningful hearing” to determine her best interest. The courts in South Carolina failed to “take into account or require any inquiry” regarding Veronica’s current circumstances before approving the transition plan provided by Matt and Melanie Capobianco of James Island.

Supreme Court Thwarts ICWA Intent in Baby Veronica Case

Anger Erupts Across Indian Country Over Baby Veronica Ruling

Native American Rights Fund: Stop the Forced Removal of Baby Veronica

Additionally, the suit (V.B. v. Daniel E. Martin, Family Court for the Ninth Judicial Circuit) declares that Veronica is a tribal member and remains an “Indian Child” under the Indian Child Welfare Act, and therefore she “possesses a federally protected right” to a best interest hearing under federal law.

Supported by dozens of tribes, civil rights and child welfare groups, adoption advocacy organizations, legal authorities and Native American groups, the complaint seeks federal jurisdiction over the case, as well as an injunction prohibiting South Carolina courts from further proceedings pending a full and “meaningful” best interest hearing.

Angel Smith, an Oklahoma attorney appointed by the Cherokee Nation to represent Veronica as a tribal member, filed the motion on the girl’s behalf.

The Cherokee Nation reacted swiftly to the finalization of the adoption and transition plan in South Carolina.

“Today, a Family Court in South Carolina finalized the adoption of an almost 4-year-old Cherokee child who has been living with her unquestionably fit, loving, biological father and large extended family, for one year and seven months, half a continent away in Oklahoma and Cherokee Nation,” said Chrissi Nimmo, assistant attorney general for the Cherokee Nation. “This decision was made without a hearing to determine what is in Veronica’s current best interests and comes almost two years after the same Family Court found that Dusten Brown was a fit, loving parent and it would be in Veronica’s best interests to be placed with her father. Every parent in America should be terrified.

Dusten Brown is an honorable man and a good father. Cherokee Nation will continue to support Dusten, Veronica and the entire Brown family in their attempt to keep their family whole.”

Dusten Brown, who is currently in training with the National Guard, also issued the following statement:

“Our family is shocked and deeply saddened that the South Carolina Supreme Court has refused to allow Veronica’s best interest to be considered. Even worse, that Court issued an order they acknowledge will cause my daughter to suffer harm. The Court gave its blessing to the transition plan offered by the Capobiancos that says upon transfer to them, Veronica will be ‘fearful, scared, anxious, confused,’” said Brown.

“They say she will likely become quiet and withdrawn and may cry herself to sleep. That the transfer will cause ‘grief’ and ‘loss’ and she will feel ‘rejected’ by me and her family. They say it will leave her with many ‘unanswered questions.’ I will not voluntarily let my child go through that, no parent would. I am her father and it is my job to protect her. My family and I continue to pray that the justice system bring justice to Veronica.”

But legal experts acknowledged that the fight over custody of Veronica is not only not over, but has now moved into a whole new level of litigation. In spite of South Carolina’s ruling yesterday, enforcement in Oklahoma courts will now be the focus of the case.

“Everything will now move to Washington County, Oklahoma, where Veronica now resides,” said a legal scholar who asked for anonymity because of the ongoing litigation. “But it will require a bit of time for any order to be domesticated in that state. You may have an order from South Carolina, but guess what? Veronica’s not in South Carolina. She’s been domiciled in Oklahoma for 19 months and there’s no way a court in Oklahoma is going to approve enforcement of this order without a normal, legal checklist of things that would be required for any other child up that’s been put up for adoption, not to mention a child who is a tribal member and is living with a biological parent.”

For example, the adoption was finalized without a current homestudy or psychological evaluation of any of the parties involved, which legal and child welfare experts say are standard operating procedures.

“It’s called giving ‘full faith and credit’ to another state’s order,” said the expert. “[The legal team] is going to go into court to argue that full faith and credit should not be given to the South Carolina order because the courts there did not follow the law. And Oklahoma, quite frankly, does not have to give full faith and credit if Veronica’s constitutional right to due process has been denied.”

Additionally, observers say that because jurisdiction has been shifted to Oklahoma, the gloves have now come off in a state that was originally founded as “Indian Territory.” With nearly 40 tribes, including the Cherokee Nation, Oklahoma has the second largest American Indian population in the United States. And they have watched the events in Adoptive Couple unfold in South Carolina with growing alarm and disgust.

“How is it that Paul Clement, who wasn’t even a party in this case, walks into the United States Supreme Court and insults every Indian tribe in the country by making this case about blood quantum and fiercely advocating for a ‘best interest’ hearing, only to have it shot down in South Carolina because the judges there think it’s too hard?” asks one Tulsa lawyer who works exclusively in ICWA cases. “It simply boggles the mind that any court would callously disregard the most important party in this case: Veronica herself. The fight is definitely not over.”

Lori Alvino McGill, the attorney for birth mother Christy Maldonado, today dismissed the federal suit to stop the finalization of the adoption as a “publicity stunt,” as tribes across the country continue to unify in support of Veronica and the Indian Child Welfare Act.

Baby Veronica’s Birth Mother Files Suit, Claims ICWA Unconstitutional

Meanwhile, on Tuesday the Capobiancos filed their response to Dusten Brown’s request to the U.S. Supreme Court that the South Carolina courts postpone finalization of the adoption until a best interest determination hearing could be held. Chief Justice John Roberts, an adoptive parent himself who sided with the majority against Brown, oversees emergency petitions for the Fourth Circuit Court of Appeals, which includes South Carolina.

Sources in Washington have pointed out that Alvino McGill’s role in Adoptive Couple is more than that of a spokesperson for Christy Maldonado. As it turns out, Chief Justice Roberts and former solicitor general Ted Olson, both of whom sided with the Capobiancos, attended Ms. Alvino McGill’s 2006 wedding to Matthew McGill who, coincidentally, was a clerk for John Roberts in the D.C. Circuit Court of Appeals. Therefore, given the cozy nature and small world influence in the Capitol’s legal circles, observers say it was no surprise when Adoptive Couple v. Baby Girl was granted petition of certiorari in January.

“Dusten Brown never had a chance,” said the source. “His biggest sin was that he got on the wrong side of the billion dollar U.S. adoption industry and he was winning. [The Supreme Court] knew this when they took cert on this case, otherwise, why would they bother with a custody dispute that should have been nipped in the bud four years ago? And the sad part is that he’s rehabilitated himself in every way in this case. He’s gone to every length to keep his child, he’s done everything asked of him. But it is a system that was stacked against him from the beginning. This is Worcester v. Georgia all over again.”

After the South Carolina court’s ruling finalizing the adoption of his daughter, Dusten Brown made a direct plea to the Capobiancos.

“To Matt and Melanie Capobianco I want to say this: Please, for Veronica’s sake, just stop. Stop, and ask yourself if you really believe this is best for her.”