Subject: Oneidas file civil rights lawsuit

This was forwarded to me by my Friend Ryan Antone-Oneida, He sings with Tree Town Drum In Ann Arbor and menber of the Native American Student Organization at Eastern Michigan University.

Please pass the word!

Subject: Oneidas file civil rights lawsuit They allege Oneida Nation leaders, others may make them homeless

Oneidas file civil rights lawsuit They allege Oneida Nation leaders, others may make them homeless.

November 15, 2002 http://www.syracuse.com/news/poststandard/index.ssf?/base/news-2/103735312837820. <http://www.syracuse.com/news/poststandard/index.ssf?/base/news-2/103735312837820.xml> xml <http://www.syracuse.com/news/poststandard/index.ssf?/base/news-2/103735312837820.xml>

By Glenn Coin Staff writer

Nineteen Oneida Indians have filed a federal civil rights suit against Oneida Indian Nation government leaders, police officers, judges and the nation prosecutor.

The suit charges at least 25 nation officials with violating the civil rights of Oneidas who oppose the nation government. It asks a federal judge to stop the nation from forcibly inspecting houses, overturn the nation’s housing ordinance, and prevent the nation from demolishing homes on Territory Road without providing new housing.

The suit says that nation members who oppose the nation government and the nation housing inspection program could face the same fate as Danielle Patterson, an Oneida who was arrested and taken to a Pennsylvania prison last month before being forced to allow demolition of her home without compensation.

“You have these individuals who are arresting (Oneidas) and flying them to out-of-state prisons and using the power of imprisonment to force people to allow their houses to be demolished without being compensated, without any assistance, without any alternative housing,” said Donald Daines, the New Jersey lawyer who filed the case Wednesday. “They are using their power to make people homeless.”

That violates the Indian Civil Rights Act, Daines said. The act was adopted by Congress to control abuses by Indian tribal governments, Daines said.

However, a federal judge raised doubts about whether federal court would have any power in acting on the lawsuit.

“There is a significant question regarding whether there is any basis for district court jurisdiction under (the) Indian Civil Rights Act … or under any authority cited by plaintiffs,” U.S. District Court Judge Norman Mordue of Syracuse wrote Wednesday.

Daines had asked for a temporary restraining order preventing nation officials from inspecting homes or taking any other actions against the Oneidas who filed the suit. Mordue rejected the request, saying “the possible future actions of the defendants” were not enough to warrant a restraining order.

The suit says the nation’s housing program is simply a way to evict political opponents of nation leader Ray Halbritter.

A message left at Halbritter’s office Thursday afternoon was not returned. Nation prosecutor Peter Carmen declined to comment. Other nation officials named in the suit could not be reached for comment.

© 2002 The Post-Standard. Used with permission.

The trouble aint that there is too many fools, but that the lightning aint distributed right.

—Mark Twain

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