Northwest Indian College Tulalip campus student Monica McAlister discusses her glass mosaic piece featuring a fused glass hummingbird to Northwest Indian College Art Classes exhibit guests. The exhibit is available until August at the Peninsula College’s Lonhouse Art Gallery. Photo/ Brandi N. Montreuil, Tulalip News
By Brandi N. Montreuil, Tulalip News
PORT ANGELES – Student artwork from the Northwest Indian College Tulalip Campus traveled 96 miles to the Longhouse Art Gallery at Peninsula College for a first-time exhibit. Northwest Indian College Art Classes is a compilation of the work of a dozen students and art instructor Bob Mitchell, which features art produced during NWIC’s winter quarter.
Pieces included glass mosaics, basketry, beading, and handmade jewelry using various art mediums. The exhibit’s centerpiece is a large story pole made with fused glass, featuring students’ Native American culture using animal designs.
On June 5, the Peninsula College held a VIP opening, welcoming local guests and students.
“The class has really expanded,” said Bob Mitchell, who began teaching art at the Tulalip campus five years ago. “We are doing glass fusing and jewelry. I can look over in class and see basket weaving and
Northwest Indian College Art Classes exhibit shown at Peninsula College’s Longhouse Art Gallery features a large fused glass story pole. Each panel was designed by NWIC student and reflects the Native American culture of each student. Photo/ Brandi N. Montreuil, Tulalip News
people passing on those skills to other people. The class is pretty student directed and the story pole is a good example of that. I came in with the idea and the frame, and we started thinking about how we could incorporate it into class. We gave everybody a panel and decided to do a theme and let everybody interpret it based on their culture. The student directive was they wanted to use traditional colors red, black, yellow, and white. We fused it and we finished with mosaic triangles that are a representation of bear claws from Tulalip.”
The story pole’s success means that future classes will be designing their own story poles. “The students bring a lot to the class with their skills. I feel very honored a lot of the time being in the class working alongside them. We need to show off what they are doing, so this is pretty impressive,” explained Mitchell.
Current NWIC Tulalip campus student Monica McAlister, whose work in the exhibit includes basketry and glass mosaics, said working on the exhibit and class project helped to keep her connected to her Yurok culture.
“Being at NWIC is like a home away from home. It connects you to culture and with people that support you. It is really uplifting to be able to get that sense of community, which for me was lacking for a long time because I am not from here. I took Bob’s class in 2012 and I fell in love with glass art. Art is such a big part of my life now and it makes me happy, and this all started because of NWIC.”
The Peninsula College Longhouse Art Gallery will be showing the original artwork of Bob Mitchell and students from NWIC now through August. The exhibit features NWIC Tulalip campus students Monica McAlister, Louis Michell, Denise Michell, Ed Hill, Shirley Jack, Alicia Horne, Sarah Andres, Teesha Osias, Annette Napeahi, Raven Hunter, Tatiana Crawford, Mark Hansen, and John Martin.
For more information on the exhibit please visit www.pencol.edu.
Brandi N. Montreuil: 360-913-5402; bmontreuil@tulalipnews.com
Photo/ Brandi N. Montreuil, Tulalip News
A glass panel piece designed by NWIC Tulalip campus student Annette Napeahi is featured on a story pole in the Peninsula College’s Longhouse Art Gallery showing of Northwest Indian College Art Classes exhibit.
Photo/ Brandi N. Montreuil, Tulalip News
Treat Your Patriarch Like Royalty at Tulalip Resort Casino
Source: Tulalip Resort Casino
Tulalip, Washington — This June 15th take Dad out for more than burgers on the grill. Treat him to all his favorites at the Tulalip Resort Casino Father’s Day brunch. From 11:30 am to 2:00 pm in the Orca Ballroom, Mom and the kids can also indulge him in everything from photos to football.
Tulalip chefs have created all of Dad’s top picks – including prime rib, barbecue chicken, pork ribs, fajitas and a scrumptious sundae dessert bar. Of course, there will be an array of salads and other delicious breakfast selections to round out the feast. He also can participate in games such as a 9-hole mini golf course, double shot basketball, football quarterback blitz, skeeball, and air hockey or simply watch sports on the big screen. Catch a snap of the fun and feasting with the onsite photographer—an ideal memory maker.
Celebrate Dad in the grand style he deserves at Tulalip Resort Casino. Father’s Day brunch is priced at $35 per adult and $16 for children 12 and under. For a reservation call (360) 716-6888.
# # # #
About Tulalip Resort Casino
Award winning Tulalip Resort Casino is the most distinctive gaming, dining, meeting, entertainment and shopping destination in Washington State. The AAA Four Diamond resort’s world class amenities have ensured its place on the Condé Nast Traveler Gold and Traveler Top 100 Resorts lists, as well as Preferred Hotel & Resorts membership. The property includes 192,000 square feet of gaming excitement; a luxury hotel featuring 370 guest rooms and suites; 30,000 square feet of premier meeting, convention and wedding space; the full-service T Spa; and 7 dining venues, including the AAA Four Diamond Tulalip Bay Restaurant. It also showcases the intimate Canoes Cabaret and a 3,000-seat amphitheater. Nearby, find the Hibulb Cultural Center and Natural History Preserve, Cabela’s; and Seattle Premium Outlets, featuring more than 110 name brand retail discount shops. The Resort Casino is conveniently located between Seattle and Vancouver, B.C. just off Interstate-5 at Exit 200. It is an enterprise of the Tulalip Tribes. For reservations please call (866) 716-7162.
Lushootseed teachers braved the 70 degree weather this afternoon to harvest cedar for traditional community use. Collaborating with Tulalip Natural Resources, the teachers were able to gather enough cedar bundles to continue providing cedar roses for use in funerals.
The Lushootseed Department provides 150 roses per funeral service and make them traditionally by hand with good hearts and minds, and receive no profit made for this service. Rocky Renecker, with Tulalip Funeral Services, also harvested cedar on behalf of the funeral services team.
Tulalip Youth Services presented Native Prom – A Night in Paris the evening of May 30. With donated ball gowns and tuxedos, as well as volunteer stylists, Youth Services wanted to give everyone the chance to look their best for a night of elegance. Hosted at the historic Marysville Opera House, students stepped into a world of sophistication.
Volunteer stylist Celum Hatch putting finishing curling Isabelle Cervantes’ hair just before prom. Photo: Andrew Gobin/Tulalip News
As prom began, volunteer stylists Tisha McLean, Yvonne Williams, and Celum Hatch were just finishing up helping girls with their hair and makeup in one of the house dressing rooms. As more students arrived, the hardwood filled with dancers.
TJ Jack shows off his signature dance style, Known as Popping. Photo: Andrew Gobin/Tulalip News
While the setting was a scene from the roaring twenties, students danced to the modern tunes of Steve Aoki, Sir Mix-A-Lot, and the Ying yang Twins. And where would any high school dance be without the signature, choreographed group dance? As most school dances have played the Y.M.C.A., The Hustle, and the Electric Slide throughout the latter half of the twentieth century, the newest group dance craze is Cupid’s, Cupid Shuffle.
Shania Moses, Maximo Gonzales, Kieth Moses, and Desire Jones. Photo: Andrew Gobin/Tulalip News
Finally, the anxiously awaited announcement of the Prom Royalty. Selected at the dance, couple Ayrik Miranda and Samantha Marteney were crowned Prince and Princess. Becca Marteney was crowned Prom Queen, with Heritage Hawks star Bradley Fryberg the reigning Prom King.
Prom Queen Becca Marteney and King Bradley Fryberg. Photo: Andrew Gobin/Tulalip NewsProm Princess Sam Marteney and her Prince Ayrik Miranda. Photo: Andrew Gobin/Tulalip News
Andrew Gobin is a staff reporter with the Tulalip News See-Yaht-Sub, a publication of the Tulalip Tribes Communications Department. Email: agobin@tulalipnews.com Phone: (360) 716.4188
Hank and Geraldine Williams crowned Strawberry King and Queen at the Tulalip Elders Luncheon May 29th. Photo: Andrew Gobin/Tulalip News
By Andrew Gobin/Tulalip News
The Marysville Strawberry Festival Senior and Junior Royalty crowned Geraldine and Hank Williams as Strawberry King and Queen at Tulalip’s elder luncheon May 29. Each year, Tulalip elders nominate two of their own to be crowned at the annual elder luncheon.
“I look around every year to see who deserves a nomination. Geraldine and Hank have paid their dues to the community,” said Tulalip elder Virginia Carpenter, who nominated this year’s royalty.
The luncheon is much more than a celebration of the Strawberry Court, it is an intertribal event, open to all indigenous elders. Nearly 900 elders from Pacific Northwest Native communities from as far north as Alaska, and from around Washington and Oregon attended. Many of the tribal offices donated gift baskets to be raffled off at the event.
Loretta James Photo: Andrew Gobin/Tulalip News
“I come because I’m so old. Oh, just kidding,” said Tulalip elder Loretta James. “I come to see everyone. And I like to see all the different departments chip in for the gift basket give away. I like to see them give back to this community.”
Tulalip elder Richard ‘Two Dogs’ Muir said, “I come for the company, and for the stories. Look around this room, at how much history is sitting in this room, all the advice. Quote of the day so far is, ‘Be true to yourself, pay no attention to what other people think.’ There is so much more to learn from these elders too, if you would just talk with them.”
Two Dogs donated a special beaded rattle to the raffle.
He said, “I only work when I am in the right mindset, no negative thoughts. So this rattle is lucky to whoever wins it.”
Everyone was smiling and having a good time, joking and teasing one another.
Francis Peters of Swinomish joked, “I thought I was too old for these things, but I guess not. I wasn’t coming down here, but I guess I got too close to the elder building, and they twisted my arm and put me on the van.”
Mickey Walker of Kingman Arizona was the eldest visiting man at 97. Honored with a blanket and walking stick. Photo: Andrew Gobin/Tulalip News
The Tulalip Tribes honored the eldest visiting man and woman, who were Mickey Walker, 97, of Kingman Arizona, and Amelia Sohappy, 92, of Yakima. Charlie ‘Red’ Sheldon was honored as the oldest Tulalip, who just celebrated his 98th birthday on May 5.
Amelia Sohappy of Yakima was the eldest visiting woman at 92. Honored with a blanket and a walking stick. Photo: Andrew Gobin/Tulalip NewsCharlie “Red” Sheldon the eldest Tulalip Tribal Member at 98. Honored with a carved serving bowl and a quilt. Photo: Andrew Gobin/Tulalip NewsMel Sheldon recognized these four young ladies from Heritage High School that volunteered at the luncheon. Katia Brown (Makah), Santana Shopbell (Tulalip), Jaylin Rivera (Tulalip), and Myrna Redleaf (Tulalip). Photo: Andrew Gobin/Tulalip NewsTulalip Chairman Herman Williams Sr. and former Tulalip Chairman Mel Sheldon Jr. Photo: Andrew Gobin/Tulalip NewsCarol Williams-Hunter Photo: Andrew Gobin/Tulalip NewsShirely Jones and her sister, Janine, from Yakima. Photo: Andrew Gobin/Tulalip NewsLisa Severn and her father, Gerald Fryberg Photo: Andrew Gobin/Tulalip News
Andrew Gobin is a staff reporter with the Tulalip News See-Yaht-Sub, a publication of the Tulalip Tribes Communications Department. Email: agobin@tulalipnews.com Phone: (360) 716.4188
By Andrew Gobin/Tulalip News, photos by Nessie Hatch-Anderson
On Saturday, May 31, 122 five-man stick game teams competed in the Tulalip Tribes Stick Game Tournament for $50 thousand at the Tulalip Amphitheater. On Sunday, June 1, 110 teams competed in the three-man tournament to close out the weekend of stick games.
“We heard a lot of people, young and old, say they really enjoyed the event, and they look forward to coming to Tulalip every year,” said Nessie Hatch-Anderson. “Family tradition is what we heard for this event. It was a clean and sober event, and it’s a tradition that goes way back to our ancestors.”
Slehal, a lushootseed word for bone games, hand games, or stick games, is a traditional form of gambling. Historically, it was also used as a way to settle disputes without violence. One of the Snohomish origin stories, depicted on one of three poles at the Tulalip Resort, tells the story of the beginning of the world, and how the humans and the animals played slehal to decide who would rule the earth, both a gamble and a dispute. Slehal honors that tradition.
Generations are brought together through stick games. Nessie’s mother, the late Barbara Hatch (Ane-Cus), lived for traditional competitions, a passion that Nessie carries on.
“Stick games and canoe races, that’s what I remember growing up,” said Nessie.
Stick gamers that have gone on were remembered at the event.
Carrie Fryberg, who chairs the stick game committee, said, “We did an honor song to honor past stick game players that are very respected throughout Indian Country and the stick game community. Big Bill and Mimi Mclean, Louie and Cookie Moses, and many members of the Tom family, who sang their family honor song.”
1. The Tom family sings an honor song for past stick game players. Loretta Tom, Isadore “Dobie” Tom, Al Tom, and Vivian George Photo: Nessie Hatch-Anderson
On Saturday, Candace Tait and her team from Lummi took first, and $25 thousand cash prize. Cassandra Kipp’s team from Lapwai came in second, winning $15 thousand, Effie Wall’s team from Fort Dushaine took third and $7,500, and Kevin Seaward’s team from Duncan took fourth and $2,500.
2. 1st place $25 thousand winners, Candace Tait and team from Lummi. Commemorative drums made by Cy Fryberg Sr. He donated enough custom drums to be given to the members of each winning team. Photo: Nessie Hatch-Anderson
Al Tom’s team had an eight game winning streak, only to have upset in the championship bracket, taking fifth place and no winnings. They were only team from Tulalip to make it that far.
Mike Edwards and his three-man team from Muckleshoot won Sunday’s tournament.
The weekend was organized by the Tulalip’s Stick Game committee led by Carrie Fryberg.
Nessie said, “Carrie had everything organized pretty well. The weekend went very smoothly.”
Andrew Gobin is a staff reporter with the Tulalip News See-Yaht-Sub, a publication of the Tulalip Tribes Communications Department. Email: agobin@tulalipnews.com Phone: (360) 716.4188
Aerial view of Taholah’s Lower Village. Photo courtesy of Larry Workman
By Brandi N. Montreuil, Tulalip News
TAHOLAH – On March 25, the encroaching waters of the Pacific Ocean awakened residents in Taholah, Washington, when their aging seawall was breached and flooded sections of their Lower Village. Now, the village is faced with relocation due to changes in climate resulting in rising sea levels, tsunami threats, and flood danger from the Quinault River.
The ancestral home of the Quinault people is classified as a tsunami hazard zone by the Washington Emergency Management Division and is no longer considered safe. As a result, a comprehensive master plan is being implemented that would move residents and government structures 120 feet above sea level to the Upper Village.
The risks were identified years before when the Quinault Indian Nation undertook a comprehensive analysis of the coastline after increased flooding in the Lower Village. The analysis showed deterioration of the protective berm that separates the Lower Village from the ocean water. With each large storm the ocean encroaches further into the village, making relocation necessary. “We first thought it was rain water, but in 2009 we did a walk down to the ocean line and we discovered the ocean was encroaching much worse than we thought,” said Councilman Larry Ralston, Quinault Indian Nation Treasurer.
What was uncovered was the deterioration of a protective berm that separated the Lower Village from the ocean water and with each large storm, the ocean encroached further into the village, making relocation necessary.
“We did a risk management plan and undertook an emergency preparedness evaluation and it was determined that not only are we vulnerable to the ocean encroaching, but the footprint of our Lower Village is vulnerable to liquefaction, so if we had a large earthquake, the village could actually sink
Larry Ralston, Quinault Indian Nation Treasurer, stands in front of his mother’s house which will not be moved during the relocation of Taholah’s Lower Village, and could face possible demolition along with other buildings that cannot be moved. Photo/ Brandi N. Montreuil, Tulalip News
into the earth,” said Fawn Sharp, Quinault Indian Nation President.
President Sharp explained the safety of current and future Quinaults is the main priority. “We have a sacred trust and duty to those who are deeply connected to the land and their homes. It is a mix in which we have to plan carefully. We have over 1,000 residents and we have our major retail outlet, the Taholah Mercantile. We have our jail facility, courthouse, daycare and head start, and k-12 school so a number of our critical programs are located right in the heart of the village.”
“As of right now we are in the process of undertaking a feasibility study. The study will fully assess the infrastructure and the number of residents at risk, putting together a plan that we can then take to federal appropriators and members of congress, and other federal agencies in an effort to relocate the village,” said President Sharp.
Preliminary estimates for relocation cost are near $65 million and include the need to acquire land adjacent to the Upper Village, and the building of infrastructures including roadways, utilities, housing, and businesses. The loss of generational history that holds cultural relevance to the Quinault people is something that is also being considered, as is the risk of the “big one” hitting.
“As a resident of the Lower Village, we think about tsunamis more often than not. For a lot of us, we grew up listening to the ocean and we know what the weather is going to be like just by hearing the waves. You are always listening to the ocean to monitor what is going on,” said Ralston. “I am looking forward to the move, but I also know there are some houses that will be torn down like the one that my mother was born in in 1928. The worst case scenario if we don’t move everyone to higher ground, is that we get hit with a wave at two in the morning and we would only have two or three minutes to evacuate the Lower Village and we lose lives.”
Quinault elder James DeLaCruz Sr. stands by the recently reinforced Taholah seaswall, is among the handful of residents who do not plan to leave the Lower Village during Taholah’s relocation. Photo/ Brandi N. Montreuil, Tulalip News
With only two ways in and out of Taholah, the risk of liquefaction puts residents at a high risk during evacuation, as roads would be inaccessible. During the event of a tsunami wave residents have limited time to move to higher ground.
Tsunami warning systems in place in Taholah include a siren monitored by the National Oceanic and Atmospheric Administrator headquarters in Seattle. In the event of an earthquake or tsunami wave the siren will go off followed by a voice telling residents to evacuate. To date, the siren has only been used during monthly test drills.
“The benefit of the relocation will be knowing that our citizens are safe, said President Sharp. “The other benefit will be the planning process will have a lot of room to expand. We have a fairly large land base adjacent to the village that we are looking at developing. There will be opportunity to create space for building a private sector economy. We are getting direct input from our membership; if you could take just a blank space, how would you want to design a community? That is the exciting part of the planning stage. There are a lot of great ideas that are emerging from our citizens, and their vision and their view of what a future Taholah will look like.”
Although relocation is necessary, residents will not be forced to move. Some residents like Quinault elder James DeLaCruz Sr. knows he will not be relocating. His house butts against the seawall, and as he explains “The Lower Village has been a part of my life as long as I can remember and this is where my home is until nature changes that.
Taholah Mercantile, a Quinault Indian Nation enterprise, is the main, and only, source of perishable food shopping for residents in the Lower Village. It sits a block from the seawall and is at risk of flooding from rising sea levels. Photo/ Brandi N. Montreuil, Tulalip News
“We believe that every citizen has that right,” said President Sharp. “We will do our best to educate our membership about the risk. We will do our best to provide our citizens the options for relocation, but ultimately we will respect that individual citizen’s absolute right to live where the Creator put them and the lands that were given to our ancestors.”
“Our ancestors had to be good stewards of the land. We have done that here at Quinault,” said President Sharp. “Yet we seem to be paying the price for others who don’t share the same values. Our ocean is becoming acidic, the ocean is encroaching into our ancient homelands, and the glaciers that feed the upper Quinault River and our prized sockeye salmon are disappearing. So while we have been good stewards, we are paying a heavy price for other peoples mistakes.”
The Taholah Relocation Master Plan includes the Quinault Planning Development and Kaul Design Associates. A three-year planning process will be implemented in phases and include gathering information, needs and choices of the community, and final plan preparation.
Brandi N. Montreuil: 360-913-5402; bmontreuil@tulalipnews.com
TULALIP – Tulalip Tribes held their 23rd Annual Veteran’s Pow Wow on May 30 through June 1, at the Tulalip Resort Casino. The annual pow wow celebrates current and past Native American military servicemen and women.
Master of ceremonies was Tulalip tribal member Ray Fryberg Sr., with Sonny Eagle Speaker as arena director and Eagle Warriors as host drum.
Dancing styles included women’s fancy shawl, buckskin, and jingle while men’s dance included fancy feather, grass, and northern traditional.
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Photo/ Brandi N. Montreuil, Tulalip News
Brandi N. Montreuil: 360-913-5402; bmontreuil@tulalipnews.com
A divided Supreme Court ruled Tuesday that Michigan can’t block the opening of an off-reservation American Indian casino because the state’s legal challenge is barred by tribal sovereign immunity.
In a 5-4 decision, the high court said the state could not shutter the Bay Mills Indian Community’s casino about 90 miles south of its Upper Peninsula reservation.
The ruling was a win for Indian tribes, which have increasingly looked to casinos as a source of revenue and have relied on immunity to shield them from government interference. But it’s a disappointment for Michigan and more than a dozen others states that say the decision will interfere with their ability to crack down on unauthorized tribal casinos.
Michigan argued that the Bay Mills tribe opened the casino in 2010 without permission from the U.S. government and in violation of a state compact. The tribe had purchased land for the casino with earnings from a settlement with the federal government over allegations that it had not been adequately compensated for land ceded in 1800s treaties.
Writing for the majority, Justice Elena Kagan said that the federal Indian Gaming Regulatory Act only allows a state to bring lawsuits challenging casinos operating on Indian lands. But the Bay Mills casino was opened outside the tribe’s reservation, Kagan said, placing it outside the law’s coverage.
Since the casino does not fall under federal gaming laws, Kagan said it is subject to the ordinary tribal immunity that extends to off-reservation commercial activities. Kagan said it doesn’t matter that the casino was authorized, licensed and operated from the tribe’s reservation.
Kagan noted that Michigan officials have other options for dealing with the casino, such as bringing a lawsuit against individual tribal officials or even prosecuting tribal members under criminal laws. She was joined in her opinion by Chief Justice John Roberts and Justices Anthony Kennedy, Stephen Breyer and Sonia Sotomayor.
The casino has been closed since 2011, when a federal judge sided with Michigan and issued an injunction barring it from operating. The 6th Circuit U.S. Circuit Court of Appeals threw the injunction out after ruling that the court lacked jurisdiction over some claims and that the tribe also has sovereign immunity.
In a statement, the Bay Mills tribe said the decision “affords proper deference to Congress’ judgment and it will ensure that tribes like Bay Mills can continue to fund tribal education and perform other sovereign functions.”
Michigan Attorney General Bill Schuette said he would follow the court’s advice and target individual tribal members for civil and criminal penalties.
Sixteen other states had submitted a brief in the case urging the court to side with Michigan. They argued that criminal prosecutions are less effective and more burdensome on the state in policing unauthorized casinos.
In dissent, Justice Clarence Thomas said he disagreed with the court’s 1998 case extending tribal sovereign immunity to bar lawsuits arising from an Indian tribe’s commercial activities outside its territory. In the 16 years since that decision, “tribal commerce has proliferated and the inequities engendered by unwarranted tribal immunity have multiplied,” Thomas wrote.
Thomas was joined in dissent by Justices Antonin Scalia, Ruth Bader Ginsburg and Samuel Alito.
Scalia also wrote a separate dissent to say that he had agreed with the court’s 1998 decision, but is now convinced that is was wrongly decided. Scalia said he would overrule that case “rather than insist that Congress clean up a mess that I helped make.”
The case is Michigan v. Bay Mills Indian Community, 12-515.
———
Associated Press writer John Flesher in Traverse City, Michigan, contributed to this report.
