Manybeads Court Case
[Background]
By Carolyn Fershtman
On April 10, 1991, the United States Ninth Circuit Court of
Appeals heard oral argument in _Manybeads vs. U.S._. The plaintiffs
in the case (the traditional Dineh people resisting relocation)
argued that the government's forced relocation policy (Public Law
93-531) interferes with their right to freedom of religion, a
violation of the Constitution's First Amendment.
The lawsuit, filed by the Big Mountain Legal Office, asserts
that the Dineh (Navajo) and Hopi people are being forcibly removed
from land which is sacred to them by the enactment of PL93-531, and
that the ability to live on that land is necessary to the continued
practice of their religion.
The appellate court expressed great concern over the
relocation policy, which Ninth Circuit Court Justice Noonan
observed is, in effect, "destroying these people's religion."
Noonan, a Reagan appointee and Catholic theologian, appeared
angered and saddened by the suffering caused by the government's
relocation efforts.
Big Mountain Legal Office attorney, Lee Phillips, was
encouraged by the court's response. "We have been petitioning the
federal government for seven years," he said, "and this is the
first time we've felt like we were really being heard."
Navajo Natio President Peterson Zah attended the hearing held
in San Francisco, home of the Ninth Circuit Court, as did Bessie
Begay and Betty, Mae and Askie Tso from Mosquito Springs. Vietnam
Veteran Roger Attakai, Elmer Clark, Louis Barton, and Alvin Clinton
from Teestoh were also in attendance.
Alvin Clinton, A WWII veteran, was arrested in March for
standing in the way of a Bureau of Indian Affairs (BIA) fencing
crew, who were attempting to erect a fence along Star Mountain,
which is considered sacred to both Hopi and Dineh.
Following the hearing, VPAT hosted a dinner to honor the Elders
for their continued resistance to relocation and for their struggle
to protect this sacred land.
In a statement of thanks for the solidarity they have received
over the years in their struggle, Bessie Begay said, "when you are
alone you are not strong enough. If there are more of you, you are
stronger. I understand this a little better today, and I do feel
stronger."
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Update To This Story
By Pam Escarcega
One month later, on May 10, 1991, the Ninth Circuit Court
handed down a Court Order on the Manybeads case. They said that "the
interests of the parties would be served if the case were settled,"
and ordered the plaintiffs and the defendants to begin settlement
negotiations. If the case is not successfully settled within ninety
days, the court would then file an opinion.
Settlement negotiations are scheduled to begin June 11 in San
Diego with the Honorable Harry R. McCue acting as mediator. Legal
counsel for the original plaintiffs of the Manybeads case, the U.S.
Dept. of Interior, the Hopi Tribe and the Navajo Nation will head
the negotiating team for the plaintiffs.
_Masayasva vs. Haskie_ (involving the legality of the
construction of Mae Tso's ceremonial roundhouse) was heard the same
day in the same court as_Manybeads_. The outcome of this case will
also be included in the court ordered settlement process.
_Comments_
VPAT continues to monitor the many levels of activity impacting
those resisting relocation, and although careful not to be overly
optimistic, believes the court's order is significant in a number
of ways.
One, it is the first time that the voice of the resisters has
been acknowledged. The court is recognizing and respecting the
individuals involved; an historic moment in this struggle.
Also significant, it is possible that the court is attempting
to set the groundwork to assure that the outcome of the case is not
overturned by another court. The lower court in Phoenix has
repeatedly ruled against those resisting relocation, and the
Supreme Court has recently overturned a favorable decision by this
same Ninth Circuit Court in the "Go Road" case where similar issues
were raised.
John Trabon, co-counsel in the Manybeads appeal case, said of
the court's order for mediation, "It is a golden opportunity, the
first opportunity in history to provide an alternative to
relocation.
_Back on the Land_
While the resisters we have spoken to on the land are very
pleased with the court's order, the escalation of the BIA
activities has made the situation very volatile. Our liaison person
on the land has reported seeing an increase of BIA vehicles in the
Teestoh area where Alvin linton was arrested for trying to stop a
fencing project there.
The same fencing project continues, and is near completion.
This situation is considered very provocative, due to the
sacredness of the area. The BIA, the the same day the 9th Circuit
Court handed down it's order, issued 5-day notices to begin massive
livestock impoundment. They also issued 7-day notices to begin
fencing projects in other communities on the HPL (Hopi Partitioned
Land).
The Hopi Tribal Council has hired a New York-based PR firm,
Burson and Marstellar, to begin a media campaign (reminiscent of
the pre-PL93-531 days, when the Salt Lake City PR firm, Evans and
Associates, worked to create for the media a "range war" between
Dineh and Hopi) to paint the Dineh as lawless and environmentally
negligent.
On may 16th, six days after the 9th Circuit Court's order was
handed down, local media were led by Hopi Chairman Masayesva on a
"media caravan".
"We will participate in the mediation in good faith at the
request of the 9th Circuit Court of Appeals," Hopi Chairman
Masayesva said, "But we do not intend to give up any of the
remaining land on the 1882 reservation."
I don't know, you tell me, do you think these actions are taken
by officials wanting to participate "in good faith" in the
mediation process?
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Michele Lord * Walk in Peace with
(milo@scicom.alphacdc.com) * our Mother Earth
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