Mr Barnard has asked Mr Michael McBride and myself to pursue the
complaint. Our first stop will be before the Utah Tax Commission. I
have encloded a copy of the formal complaint letter with this post. I
have also set up a Web site to deal with info on the issue:
http://www.utw.com/~jay/rword.html
I would welcome any input or support from NativeNet subscribers,
and stereotype project participants (Jim, y'all out there??). Since I am
currently moderating NatChat and I beleive that this topic will involve
mainly discussion, I am requesting that we keep this thread on NatChat.
However, I will post update of facts to Native-L as warranted.
Warmest Regards,
Jay Brummett
Cecala Ptehincalaska-Calf
jay@utw.com
*******************
Moderation Note:
This post does not represent an offical position
of the NatChat or the NativeNet. -Jay Brummett
NativeNet Moderation Staff
nnet@utw.com
*******************
****Attached letter****
Letter of Complaint to the State of Utah
This is the letter that Mr Barnard sent to the State of Utah. Mr Barnard
is not a Native; however, he began the fight to remove these offensive
plates from Utah. Mr Barnard did not understand that both of us are
Lakota, but it really is not important as the letter lays out the legal
challange to use of the offensive "R"-word. I offer my my heartfelt
thanks to Mr Bernard who began this fight and has agreed to continue to
help the Native people who reside in Utah to continue to fight against
racism. Please note typos/mistakes in this letter my fault.
Regards,
Jay Brummett
Utah Legal Clinic
214 East Fifth South Street
Salt Lake City, Utah 84111-3204
(801) 328-9531
December 24, 1995
STATE OF UTAH
UTAH STATE TAX COMMISSION
DIVISION OF MOTOR VEHICLES
ATTN: Rick Leimbach, Director
PERSONALIZED PLATE DIVISION
STATE FAIR GROUNDS
1095 MOTOR AVENUE
SALT LAKE CITY, UTAH 84116
Dear Mr. Leimbach:
I represent Michael McBride and Jay Brummett. Mr. Brummett is a member of
the Lakota Sioux tribe. Mr McBride is a member of the Oglala Sioux. They
are American Indians. With regard to state issued personalized license
plates, pursuant to Ut. Code Ann. 41-1a-411(2) (1953 as anended), the Utah
State Commission and the Motor Vehicle "division may refuse to issue any
combination of letters, numbers, or both that may carry connotations
offensive to good taste and decency . . ."
Pursuant to Adminstrative Rule R873-22-34M(B)(1), the Utah State
Commission shall not issue a personalized license plate that contains a
combination of letters with any connotation that is vulgar, derogatory,
profane or obscene.
Pursuant to Adminstrative Rule R873-22-34M(B)(4), the Utah State
Commission shall not issue a personalized license plate that contains a
combination of letters that express contempt, ridicule or superiority of a
defined class of person, including but not limited to race or ethnic
heritage.
My clients have been informed and have seen photos of a Utah license plate
on a private automobile bearing the word "REDSKIN". Apparently there are
two (2) other personalized plates that have been issued in the past and
bear the words or letters "REDSKN" and "REDSKNS" which convey the same
meaning.
These three (3) words and plates violate the two (2) rules and statute
cited above. The terms are derogatory and express contempt and ridicule
for American Indians.
The word "REDSKIN" is unquestionably an offensive ethnic slur. That there
may be other meanings to or uses of the word is irrelevant.
The fact that the Washington, D.C. National Football League team continues
to use a derogatory and distasteful term as its team name does not change
the underlying nature of the word "REDSKIN." That the holders of these
personalized license plates may be avid supporters of a football team does
not change the offensive nature of the word.
The Division and the Commission must act based upon good taste and decency
and not the personal claims of the individuals that seek to have
distasteful terms on personalized license plates. The Utah Court of
Appeals recently indicated that a determination as to the nature of a term
on a personalized license plate must be made with reference to the target
of the insult. Barnard v. Utah State Tax Commission, et al, P.2d, 275
Ut.Adv.Rep. 47 (October 19, 1995). According to that Court, only the
target of a slur has "standing" under law to complain to the Tax
Commission, therefore the determination as to the offensive nature of the
term, must be reviewed from the viewpoint of the atrgeted group.
Id., 49.
On behalf of my clients, please consider this letter a formal complaint
under Adminstrative Rule R873-22-34M(G) that the personalized license
plates "REDSKIN", "REDSKN", and "REDSKNS" are in violation of
Adminstrative Rule R873-22-34M AND Ut. Code Ann. 41-1A-411 (1953 as
ammended). The Tax Commission and the Division should, pursuant to that
rule and statute revoke the plates and ask for surrender of the
eprsonalized license plates.
Members of the Native American community may desire to express their
opinions on this issue when the matter is considered by your division
and/or by the Tax Commission.
I have attached for your consideration a copy of an editorial written by
Tim Giago and published in the The Salt Lake Tribune. That editorial may
give you some insight into the problem. I request a full hearing and full
record before your division so that the Tax Commisiion and the Utah
appellate court may review your actions. Barnard v. Utah State
Tax Commission, et al, P.2d, 275 Ut.Adv.Rep. 47, 49 (October 19, 1995)
Thank you for your prompt attention and action.
BRIAN M. BARNARD
Attorney at Law
Enc. (1)
cc: Clients
Val Oveson,
Chair, Utah Tax Commission
210 North 1950 West Street
Salt Lake City, Utah 84134
Susan Barnum
Assistant Attorney General
Janet Graham
Attorney General
50 South Main Street #900
Salt Lake City, Utah 84144
Janice Perry
Public Relations Department
Utah State Tax Commisiion
210 North 1950 West Street
Salt Lake City, Utah 84134
****end of attached letter****