PRESS RELEASE FOR IMMEDIATE RELEASE
HEADLINE: ROSEBUD TRIBE JOINS MALT LIQUOR LAWSUIT
CONTACT: Robert Gough, Attorney for Estate of Tasunke Witko
ROSEBUD, SD -- On June 26, 1996, the Rosebud Sioux Tribe filed a motion with
the Rosebud Tribal Court to join the tiospaye and Estate of Tasunke Witko as
a party in the lawsuit against the makers of "The Original Crazy Horse Malt
Liquor."
Rosebud President William Kindle directed the formal action, authorized by
tribal resolution, and filed by Eric Antoine, Tribal Attorney, which states
that the "brewing companies and individuals, without permission or
authorization, have and continue to purposefully and intentionally
misappropriate the good name of Crazy Horse, a national hero of the Lakota
Oyate, for the purpose of commercial exploitation of his name for the
promotion, labeling and sale of a malt liquor beverage against the expressed
desires and to the detriment of the Estate, family and the Lakota Oyate."
"The Rosebud Sioux Tribe has firmly opposed this misuse of the name of one
of our greatest leaders, and by this action the Rosebud Sioux Tribe takes a
strong stand in support of Lakota families in the protection of their rights
and property," Kindle said.
Descendants of the tiospaye reside on the Rosebud Sioux Reservation, where
the Estate of Tasunke Witko is in probate. Relations also live on the Pine
Ridge and Cheyenne River reservations, and in the Rapid City area of South
Dakota. The malt liquor is produced by the G. Heileman Brewing Company,
Hornell Brewing Company, and by Mr. John Ferolito and Mr. Don Vultaggio, as
Ferolito, Vultaggio & Sons, of Wisconsin, Maryland and New York.
The Rosebud Sioux Tribe's motion cites federal law, including violations of
Indian Arts and Crafts Act, P.L. 101-644, Title I, Sec. 104, and title 18
U.S.C. Sec. 1159, "Misrepresentation of Indian produced goods and products,"
and of the second paragraph of Article 1 of the 1868 Treaty of Fort Laramie,
commonly known as "the bad men" clause, as grounds for its interest in the
lawsuit.
Antoine said that the Indian Arts and Crafts Act "prohibits false
suggestions that a product is Indian produced, an Indian product, of Indian
origin, or the product of a particular Indian or Indian Tribe." "The federal
statute provides for treble damages for violations, and a tribe may file an
action on it own and on behalf of tribal members" Antoine noted.
Under the recent Rosebud Tribal Supreme Court ruling, the Estate won the
right to bring four of its five causes of action for trial in the tribal
court. The Estate's claim under the Indian Arts and Crafts Act, however, was
dismissed for lack of standing, since the Rosebud Supreme Court ruled that
only the U.S. Attorney General or a Tribe may bring suit under the specific
language of the statute. The high court reversed the lower court's dismissal
on jurisdictional grounds, and affirmed the lower court's holding on lack of
standing under the Indian Arts and Crafts Act.
"These beer-makers reached into Lakota country and have taken the name of
Crazy Horse for commercial use over their objections of the family, and in
violation of federal law," said Robert Gough, Attorney for the Estate. "It
is fully appropriate that the Tribe joins with the descendants to protect
Indian rights under federal statute and treaty provisions," said Gough.
The Tribe also filed under a little used provision of the 1868 Treaty of
Fort Laramie, which provides for federal protection of Indian personal and
property rights. The Treaty article states in part:
"If bad men among the whites, or among other people subject to the authority
of the United States, shall commit any wrong upon the person or property of
the Indians, the United States will, upon proof made to the agent and
forwarded to the Commissioner of Indian affairs at Washington City, proceed
at once to cause the offender to be arrested and punished according to the
laws of the United States, and also reimburse the injured person for the loss
sustained."
Seth H. Big Crow, Sr., Administrator of the Estate, applauded the Tribe's
filing. "United under Sitting Bull, Crazy Horse and our other great leaders,
we were able to defeat a powerful enemy 120 years ago. We can do the same
today." he said, encouraging the other tribes to rally in the defense of
Crazy Horse.
The Cheyenne River Tribe participated in the lower court action as an amicus
on behalf of the Estate, and the Oglala Tribal Council has also formally
supported the Estate's efforts. A tribal court trial in Rosebud is expected
before the end of the year.
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