Voting Rights in the State of South Dakota

Lakota Law

As you know, after the past election cycle, American democracy is in trouble. Not because of phantom issues with fraudulent voters, as some people would have you believe, but because far too many voters — especially those of color — continue to be discriminated against and disenfranchised through obscene voter suppression tactics. And that’s why the Lakota People’s Law Project is going to fight back in court.

We’ve joined a lawsuit — as a plaintiff — against the State of South Dakota. Because the state has consistently violated elements of the National Voter Registration Act, tribes like the Oglala and Rosebud Nations, organizations like us, and individuals like McLaughlin city council member Hoksila White Mountain have valid cause to sue. 

Lakota Law

The Native American Rights Fund (NARF) will represent the tribal entities in the suit. We hope the Standing Rock Sioux Tribe will also join as a plaintiff and seek monetary compensation from South Dakota for failure to offer voter registration opportunities in a way consistent with federal law. 

Lakota Law and Hoksila, among others, will be represented by Demos, a legal organization dedicated to winning voting rights justice. This will be a true team effort, bringing a number of great legal minds and passionate people together to fight for the community and expose the state for its litany of abuses.

As an example, you may recall that we have already shared quite a bit about the troubles in McLaughlin, the Standing Rock Nation’s second largest town. Hoksila was kept from mounting a valid mayoral campaign, and he was only granted a promised vacant city council seat in his own ward after intense pressure you helped us create.

McLaughlin also has suspicious zoning, seemingly designed to prevent its Native residents from voting in local elections. So NARF will provide support as we undertake an effort to improve voting access within the town. As you can see, access for people of color is an issue on our reservations in the Dakotas, just as it’s a national and statewide problem in places like Georgia and Arizona. Bottom line: we must fight, right now and on every level, to protect our democracy from those who want to move it backward. We’re drawing a line in the sand — and I’m so grateful you’re standing with us for fairness.

Wopila tanka — thank you for helping us make good trouble!
Chase Iron Eyes
Co-Director and Lead Counsel
The Lakota People’s Law Project

Staggeringly Ignorant

Lakota Law

In case you missed it, CNN commentator and former Pennsylvania GOP Senator Rick Santorum brazenly displayed his staggering ignorance once again last week. Speaking at a conference for conservative youth, he made sure to misinform young people by claiming that European colonizers “birthed a nation from nothing” and “there isn’t much Native American culture in American culture.” 

I know ratings are king — and that controversial comments beget ratings — but it’s past time this man was fired by CNN and removed from any position of influence. I urge you to watch Takin’ Out the Trash, a new segment we introduced on the most recent episode of “Cut to the Chase.” I discuss the former senator’s ridiculous statements and some of the many ways in which Native culture informs the larger society.

Because Rick Santorum’s racist rhetoric is obviously a steaming pile of hot garbage, we took him out with the trash on this week’s episode of “Cut to the Chase.”

As a Lakota Law supporter, you’re already aware of the breadth and depth with which Indigenous cultures of the Americas have long made and continue to make deep impacts. From Native cultivation of corn, to the world’s oldest representative democracy (demonstrated by the Iroquois nation), to the movement we birthed against the Dakota Access pipeline at Standing Rock, our contributions are legion. It’s no accident that the names of several states and countless cities, towns, and counties pay homage to the Native peoples who first inhabited these lands.

It sure would be great if media outlets like CNN would stop platforming people like Rick Santorum so we can move beyond harmful, whitewashed notions of history. To create a better future — one in which we consistently progress based upon lessons learned from our past — we must be willing to take previously subverted perspectives into account, revise inaccuracies, and understand the deeper implications. Because, while Native cultures have already given much to those who came to our shores, we still have far more to say to the ears that know how to listen.

Wopila — thank you for lending your ear!
Chase Iron Eyes
Co-Director & Lead Counsel
The Lakota People’s Law Project

And it continues…

Lakota Law

I’m writing to thank you for supporting us water protectors here in the Dakotas, and to update you about my court case at Cheyenne River Tribal Nation near Standing Rock. Last year, construction of the Keystone XL pipeline was in full swing through my homelands. So my allies and I created a protest camp, similar to the one everyone knows about at Standing Rock four years ago (only smaller). Two days before Thanksgiving last year, I chained myself to an oil pump station and got arrested for trespassing. I’m facing up to a year in prison and I will be going to trial soon.
 
We won our fight against KXL — Biden has shut the pipeline down — but my allies and I are still facing potential prison time for our civil disobedience. Please pray for us, as we continue to face down the Oil Industrial Complex allied with law enforcement, and decipher the best path forward to serve Unci Maka, Grandmother Earth.

Please watch this new video that explains my court case.

Jasilyn Charger

Climate change has become a dominant topic of conversation in recent weeks because of Biden’s strong pivot away from Trump’s denialism. Even more is needed. As the ice caps melt and coastlines face dangerous flooding, Indigenous people all over the world are leading the fight for eco-sanity. Some are in Minnesota resisting Line 3, while many of us are still pushing the White House to shut down the Dakota Access Pipeline at Standing Rock.
 
Last month, I traveled with other Indigenous young people to D.C. to make our ongoing commitment to Standing Rock top of mind for policymakers. As a 24-year-old Lakota woman, I look forward to many more years of movement building. We cannot let up, not while our waters, lands, and climate are endangered by fossil fuel extraction. Renewables work. There is no excuse.
 
I will work with my attorneys at Lakota People’s Law Project to keep you updated in the coming months. Thank you for keeping your attention on Lakota country. Your solidarity is appreciated.Wopila
Jasilyn Charger via Lakota Law

Recent Release

Lakota Law

Happy Earth Day! It’s appropriate that, on this day of reverence for Unci Maka, we celebrate the imminent return of one of her guardians. After many months in prison for his brave stand against the Dakota Access pipeline, Michael “Rattler” Markus is coming home! I hope you’ll join me in giving thanks to Rattler and to all those on the frontlines to defend sacred lands and water.

Watch: Our water protector matriarch, Phyllis Young, helps welcome Rattler back to freedom, including a brief interview and drum ceremony for him. 

Rattler, who served during the NoDAPL protests as an Akicita (defender), positioned between police and water protectors to keep everybody safe, was arrested in February of 2017. He subsequently accepted a plea to a civil disorder charge stemming from his presence on Oct. 27, 2016 — when law enforcement assaulted unarmed water protectors with sound cannons, tasers, bean bags, rubber bullets, and pepper spray.

We have seen these tactics time and again — and we have seen how the colonizers use both the police and new legislation to back up their intrusions into our sacred lands. Following a year in which people all over the world stood together in the streets to promote justice, many lawmakers are now renewing their attacks on our ability to protest.

According to the International Center for Not-For-Profit Law, 71 laws currently pending at the federal or state level — in 29 different states! — seek to limit our right to protest. It is critical that we retain our right to protect the Earth from corporations who ramrod noxious extraction infrastructure like pipelines through our homelands and other communities of color.

I’m grateful to those who served time for their bold actions on behalf of Unci Maka — people like Red Fawn, who came home after years of incarceration a few weeks ago, and Rattler, who will be released from federal custody tomorrow.

You have my gratitude as well. Thank you for standing with all of us on the frontlines. The powers that be can keep trying to divide, conquer, and subjugate us, but we’ll stay informed and active until we achieve the justice we seek — for ourselves and for the world we inhabit.

Wopila tanka — thank you, always, for your solidarity with our movement.
Madonna Thunder Hawk
Cheyenne River Organizer
The Lakota People’s Law Project

LaDonna Allard Dies at 64; Led Dakota Pipeline Protests

She started a resistance camp that turned into a movement that opposed fossil fuels while it embraced tribal sovereignty and environmental justice.

By Katharine Q. Seelye April 19, 2021Updated 1:32 p.m. ET

When LaDonna Brave Bull Allard, a citizen of the Standing Rock Sioux Tribe, learned of what she called “the black snake” — a 1,170-mile-long underground pipeline that would stretch from the shale oil fields of northwest North Dakota to Illinois — she volunteered the use of her land to establish a resistance camp.

That camp became the base for a global protest movement against the Dakota Access Pipeline, which Ms. Allard said would veer too close to sacred burial grounds, including the grave of one of her sons; could contaminate the region’s water supplies if it ever leaked; and violated longstanding treaties between Native Americans and the federal government.

The movement stood not only for stopping the pipeline but also against excavating fossil fuels in general while embracing tribal sovereignty, environmental justice and the protection of water sources everywhere.

Ms. Allard died on April 10 at her home in Fort Yates, N.D. She was 64. Her family announced the death online; local media outlets said the cause was brain cancer.

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She established Sacred Stone Camp at Standing Rock at the confluence of the Cannonball and Missouri Rivers in March 2016. Neighbors starting bringing food, coffee and wood for a small core group. Indigenous youth spread the word across social media.

Within months, the resistance had turned into a cultural movement, with thousands of people — members of other tribes, environmental and civil rights activists, politicians — joining in, tucking into tents, tepees and trailers in similar camps across the prairie.

The movement also drew what Ms. Allard told Teen Vogue in 2017 were “spiritual leaders from every facet of every Indigenous people — Mongolians, the people out of Africa, India, China, Australia and New Zealand,” as well as South America, Canada and the Midwestern United States, all to be part of one of the largest gatherings of Indigenous peoples in more than a century.

Resistance to the pipeline turned into a cultural movement, with thousands of people joining in.
Resistance to the pipeline turned into a cultural movement, with thousands of people joining in.Credit…Alyssa Schukar for The New York Times

Construction of the pipeline began under President Barack Obama. But with demonstrations growing — and security guards attacking protesters with freezing water from pressure hoses, pepper spray, rubber bullets, dogs and mass arrests — the Obama administration later had a change of heart and blocked construction of part of the pipeline.

The reprieve was only temporary. President Donald J. Trump, who viewed the project as a boon to the economy and a way of weaning the country off foreign oil, ordered the pipeline completed and the protest camps evacuated and razed. Environmental and Indigenous groups responded with legal challenges.

The fate of the $3.7 billion project now lies with the Biden administration and the courts. But while an environmental review continues, the pipeline remains in operation.

As one of the leaders of the resistance, Ms. Allard appeared on television; wrote opinion pieces for newspapers, including The Guardian in England; and traveled the world as a keynote speaker on Indigenous history and culture. She argued for the protection of sacred Indigenous lands everywhere. She worked on campaigns to encourage divestment from the fossil fuel industry, and she became an annual speaker at the United Nations Permanent Forum on Indigenous Issues.

“This movement is not just about a pipeline,” she wrote in 2017 on sacredstonecamp.org, a camp publication. “We are not fighting for a reroute, or a better process in the white man’s courts.”

Rather, she said, they were fighting for something much bigger: their rights and for the “liberation” of Mother Earth. “We want every last oil and gas pipe removed from her body,” she wrote. “We want healing. We want clean water. We want to determine our own future.”

LaDonna Carole Brave Bull was born on June 8, 1956, in Fort Yates to Valerie Lovejoy Brave Bull and Frank Brave Bull.

She spent much of her girlhood with her grandmothers and grew up all over, from the Dakotas to California to New England and Florida. She enrolled in Standing Rock Community College, transferred to Black Hills State College and eventually graduated from the University of North Dakota at Grand Forks in 1990.

After college, she went to work for the Standing Rock Sioux Tribe as cultural resource planner. She also served as its historian and genealogist. She later helped the tribe create its office of historic preservation and a tourism office.

She has said she had been struck by the depth of historical trauma when she visited the site of the 1863 massacre at Whitestone Hill, in south-central North Dakota, where the U.S. Army slaughtered hundreds of Sioux. In a 2017 essay in Yes! magazine, she linked that event with the pipeline’s destruction of hundreds of archaeological sites and sacred places.

“The U.S. government is wiping out our most important cultural and spiritual areas,” she wrote. “And as it erases our footprint from the world, it erases us as a people.”

In 2019 Ms. Allard became an official representative for Indigenous peoples within the United Nations Economic and Social Council. She held positions on numerous boards and taught a class on combining Indigenous knowledge with modern technology.

After two early marriages, she married Miles D. Allard, whom she met at the University of North Dakota, in 1990 and whom a family obituary called the love of her life. Mr. Allard died in 2018.

Her survivors include six sons, William J. Brave Bull, Freedom P. McLaughlin, Eric Grey Cloud, Ian Scotty Halsey, Alex Schien and Shannon Meister; two daughters, Prairie Fawn McLaughlin and Nikola Allard; 21 grandchildren; two great-granddaughters; eight sisters; and eight brothers.

Shortly before Ms. Allard died, Indigenous youth on their way to a rally against the pipeline stopped by her house and placed signs in her yard saying “We love you LaDonna” and “Water is Life,” Kandi White of the Indigenous Environmental Network told Indian Country Today.

“Her son told us that LaDonna heard us chanting and knew we were there,” Ms. White said. “She told us not to be sad for her but to continue the fight.”

Katharine Q. “Kit” Seelye is a Times obituary writer. She was previously the paper’s New England bureau chief, based in Boston. She worked in The Times’s Washington bureau for 12 years, has covered six presidential campaigns and pioneered The Times’s online coverage of politics. @kseelye

Biden´s Lack of Leadership

https://www.nationofchange.org/2021/04/13/biden-refuses-to-shut-down-dakota-access-pipeline/

Calling it a betrayal of his campaign promise, indigenous leaders and campaigners were outraged with President Biden’s refusal to shut down the Dakota Access Pipeline. His refusal came on April 9 when the pipeline was under a court-ordered environmental review.

According to EcoWatch, the hearing took place so the “U.S. Army Corps of Engineers could provide an update on whether the Biden administration planned to allow the pipeline known as DAPL to continue operating without a federal permit.” An attorney for the government said that the Army Corps of Engineers had no intention to shut down the pipeline and instead, “is essentially in a continuous process of evaluating.” So the pipeline was granted a 10-day continuance.

The judge will decide the fate of the pipeline by April 19.

“In a meeting with members of Biden’s staff earlier this year, we were told that this new administration wanted to ‘get this right,’” Mike Faith, chairman of the Standing Rock Sioux Tribe, said. “Unfortunately, today’s update from the U.S. Army Corps of Engineers shows it has chosen to ignore our pleas and stick to the wrong path.”

The DAPL, which began operation in 2017 and carries oil from North Dakota to Illinois, was allowed permission to proceed under the Trump administration after the Obama administration halted the project and denied it permission to cross through ancestral tribal lands at Lake Oahe.

Tribal leaders, environmentalists and campaigners have opposed the pipeline from the start saying the DAPL “violates treaty rights and endangers land, water, and communities.” Opponents of the pipeline were relying on President Biden to order a shut down.

“For hundreds of years, our people have faced unwelcome and deadly incursions upon our homelands,” Phyllis Young, Standing Rock organizer for the Lakota People’s Law Project and former tribal liaison to the Oceti Sakowin protest camp, said. “Today’s decision is disappointing and demonstrates a lack of understanding by Washington politicians for Indigenous sovereignty. We will do our very best to see this pipeline removed, our water protected, and our sacred lands healed.”

Beautiful Historic Maps Available!

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Maps are important and a critical part of learning about our history. If you do not purchase one for yourself, consider purchasing some for your local school! Also, check out the large selection of books!

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DAPL News

Lakota Law

Breaking news: This morning, in a federal district court proceeding in Washington, D.C., the U.S. Army Corps of Engineers balked at stopping the oil flow through the Dakota Access pipeline (DAPL). The Corps officially refrained from taking a position by saying they need more time, which will allow the pipeline to continue operating illegally, without a valid permit.

For the past two months, we’ve been working overtime — with you and many allied organizations, in support of the Standing Rock Sioux Tribe — to pressure President Biden to use his executive authority and shut down the flow of oil through DAPL. Though he failed to take his first opportunity to do so, we must keep the pressure on him as the legal battle continues.

Lakota Law

Today’s decision temporarily kicks the decision back to Judge James Boasberg, who says he intends to make a ruling by April 19 on the matter. We now have at least another 10 days to let the White House know we don’t accept DAPL’s continued operation. So please don’t slow down. Please continue sharing our call to action. Tell Biden: #NODAPL.

Whether Judge Boasberg will pass an injunction against the pipeline is anyone’s guess. There is reason to be at least moderately hopeful: he has already ruled in Standing Rock’s favor once. Last year, after vitiating DAPL’s permit because many of the tribe’s legitimate concerns were never met by the Army Corps or the pipeline’s operators, Boasberg ordered it emptied within 30 days. But he was temporarily overruled by a higher court, which asked him to consider a more stringent test. 

Now, we expect Boasberg will make his final decision on April 19 — unless Biden decides to act first. We can’t take anything for granted with the courts, so let’s keep pushing hard for the political solution. Know that your support is critical to aiding us as we remain vigilant here in Lakota Country. Please continue to spread our petition to President Biden far and wide. It’s now or never! 

Wopila tanka — thank you for fighting to end DAPL’s threat to our sacred lands and water! 
Chase Iron Eyes
Co-Director & Lead Counsel
The Lakota People’s Law Project

Red Fawn Janis

Lakota Law
Lakota Law

My name is Red Fawn Janis. I was born on the Oglala Nation and raised in Denver by my mother — a pipe carrier — and my grandmother. It was a spiritual home. But in 2016, everything changed. After losing both of these powerful women, my guiding lights, I went to Standing Rock to protest the Dakota Access pipeline (DAPL). As you may know, I was subsequently arrested and imprisoned for four and a half years. But today, I am finally home again. And despite the hardships, I would do it all over again.

Because there’s nothing more important than standing up for Unci Maka, our Grandmother Earth. She produces food, shelter, and life. And, at Standing Rock, she produced healing for so many of us. So I ask you today to stand with her, with me, with all our ancestors and relatives. If you have not yet done so, please tell President Biden: end DAPL now. I ask you, humbly, to help stop this pipeline and restore my homelands.

Watch my new video: I give one of my first interviews since my release from prison. I’m headed home!

Going to Standing Rock was a life-changing journey for me and for so many other people. Something deep within us called us there. I remember sitting with Standing Rock members and hippie kids and Black people — so many young ones — all of us together, in the first days, before construction began. We had no idea what was about to happen.

I showed up with about $300 and a couple changes of clothes, planning to be there for a few weeks at most. But I wound up staying, and even If I took a short trip home, I felt called back immediately. We formed not just a movement, but a real community. But, of course, not everyone can be trusted. 

I will share more details with you soon, but what you should know for now is that I met a man who seemed genuine, who helped the elders, who was within a trusted circle. So I couldn’t believe what was happening when it turned out a gun had been planted on me. I’d been set up by the feds. And, after a confrontation with police, I was taken as a political prisoner.

Fortunately, I understand that things happen the way the Creator wants them to. This pivotal time in my life has led to growth and healing, and it’s positioned me to share my perspective with you. For that, I’m grateful. I really believe that I’ve been given my life back. It was the betrayal that blessed me.

Now, I look forward to telling my story in full and finding ways we can work together to protect our Grandmother, her waters, her creatures — all of our sacred relatives. Much will depend upon listening to our elders and supporting our youth. So many of those who came to Standing Rock have found new avenues in life, but others continue to struggle. I ask that you stand with them. Let’s start by defeating DAPL, but let us not stop there. There’s so much we can accomplish by praying together, by listening to one another, by taking united action. In this way, we will properly respect both those who came before us and the generations to come.

Wopila tanka — thank you, always, for standing in solidarity with me and all water protectors!
Red Fawn Janis
In partnership with the Lakota People’s Law Project

Charges Against Nick Tilsen Dropped

Meghan Sullivan
Indian Country Today

https://indiancountrytoday.com/news/charges-against-treaty-defenders-dropped

Charges against Nick Tilsen, Oglala Lakota, President and CEO of NDN Collective, and all other treaty defenders arrested at a Black Hills protest on July 3 will be dropped, announced NDN Collective, an Indigenous-led advocacy organization.

The initial charges came after Tilsen and more than 200 treaty defenders protested former President Donald Trump’s visit to the Black Hills last summer, as he traveled to speak at Mount Rushmore for an Independence Day celebration.

The Lakota have long attempted to have the Black Hill region returned to tribal authority, as specified under the Fort Laramie Treaty of 1868.

The treaty defenders gathered on a highway leading to the monument, using cars and vans to block the road for nearly three hours. In response, law enforcement officers and members of the South Dakota Air and Army National Guard were called in, leading to a skirmish between protestors and law enforcement.

Twenty-one treaty defenders ended up being arrested and charged with misdemeanors, with Tilsen receiving a combination of misdemeanors and felonies — a sentence that could have resulted in up to 17 years in prison. He told the Associated Press that he will participate in a prison diversion program in exchange for all but one charge against him being dropped. The final charge will be dropped once he completes the program.

(Previous: Treaty defender: Rally was about rights, not Trump)

In the aftermath, thousands of supporters came to the group’s defense through petitions, social media campaigns, and national media coverage of the cases. In December, the United Nations weighed in with a statement in support of the treaty defenders.

“This victory and the dropped charges are a direct result of the Movement showing up and standing up for all the Land Defenders who took a stand in the Ȟesápa (Black Hills) on July 3,” Tilsen said in a statement. “Tens of thousands organized, called, donated to our legal and bail fund and signed the petitions to drop these charges, and we acknowledge their invaluable support.”

Nick Tilsen, Oglala Lakota and CEO of NDN Collective, talks with park rangers on July 3, 2020. (Screenshot)

Nick Tilsen, Oglala Lakota and CEO of NDN Collective, talks with park rangers on July 3, 2020. (Screenshot)

“I have so much gratitude for the thousands of supporters who prayed, donated, called, emailed, signed petitions and reached out over the past nine months. This is a wake up call for our communities,” said Krystal Two Bulls, Oglala Lakota and Northern Cheyenne, director of the LANDBACK Campaign at NDN Collective. “We will continue to organize forward and fight for all our targeted and incarcerated Relatives!”https://platform.twitter.com/embed/Tweet.html?dnt=false&embedId=twitter-widget-0&frame=false&hideCard=false&hideThread=false&id=1374138541639401474&lang=en&origin=https%3A%2F%2Findiancountrytoday.com%2Fnews%2Fcharges-against-treaty-defenders-dropped&theme=light&widgetsVersion=e1ffbdb%3A1614796141937&width=550px

Nataani Means, Oglala Lakota, Navajo, and Omaha, will join Tilsen and Two Bills in a discussion about the news on NDN Collective’s livestream show “NDN Live” on Tuesday at 6 p.m. MST.

“This is a day of victory for our Movement and our People,” said Tilsen. “We will utilize it to catalyze our cause forward.”

The Pennington County State’s Attorney’s office did not immediately respond to a request by The Associated Press to confirm the charges were dropped.

ICT logo bridge

The Associated Press contributed to this story.

Meghan Fate Sullivan, Koyukon Athabascan, is a writer for Indian Country Today. She grew up in Alaska, and is currently reporting on her home state from Anchorage.