CRAZY HORSE DEFENSE PROJECT ALERT!!
ATTENTION ALL TRIBAL LEADERS AND INTERESTED PERSONS:
Crazy Horse was never defeated. He resisted all forms of
domination, including alcohol. Once again, Crazy Horse warns:
Protect the people, the land and the culture!
The Indian wars of past centuries continue today, now in the form of
non-Indian exploitation of Indigenous rights and resources, including land,
water and even our cultures! Today, mainstream society freely appropriates
and commercially exploits many aspects of tribal cultures without permission
or compensation, and without respect for the rights of tribes or Indian
peoples. The disregard of our treaties, the exploitation of our resources,
the sale of sacred objects, the abuse of ceremonies, the commercialization of
names, designs and images, the use of racist stereotypes, and even the
appropriation of personal names of respected Indian leaders have gone too
far. Such exploitation and appropriation must stop!
The name of the revered Lakota leader Crazy Horse (Tasunke Witko) brings to
mind strength, courage, integrity and honor. When we think of Crazy Horse,
we remember his brave deeds in the protection of Indian people, land and
culture. We stand a little taller -- proud to be American Indians. A
century after his death, the spirit of Crazy Horse is once again in the
forefront of the ongoing battle for the protection of Indian rights.
Since March 1992, this powerful name has been wrongly associated with an
alcohol product called "The Original Crazy Horse Malt Liquor." Crazy Horse
never drank and repeatedly warned about the devastation alcohol would bring
to Indian people. Nevertheless, the Heileman and Hornell brewing companies,
and Ferolito, Vultaggio & Sons, the makers of "Arizona Iced Tea", have stolen
his name and slapped it on a cheap 40 oz. malt liquor bottle. Despite
repeated protests from Tribes and the initiation of legal action by the Crazy
Horse family, Ferolito and Vultaggio continue to market this malt liquor,
along with their other sugar-water products, packaged in Indian designs.
Indian people must unite in the defense of the Crazy Horse name. He
symbolizes our never-ending struggle to protect the things we hold sacred.
If they can put his name on a liquor bottle, then nothing in Indian country
is safe or sacred.
The Crazy Horse Defense Project (CHDP) was organized at the request of the
Crazy Horse family to generate financial support and grassroots commitment
for the protection of indigenous cultural rights. The CHDP is coordinating
the ongoing national effort in the areas of public education, state and
federal legislation, grassroots action and fund raising.
Please fill out the attached questionnaire and fax it back to us today for
updates on the Estate's legal actions in the Rosebud Tribal Court, for model
resolutions on legislative and regulatory protections, and for additional
information on how you can participate in this struggle for cultural rights.
Thank you for joining us in the battle to protect the name of Crazy Horse.
Your help and support are critical in this struggle. Pilamaya!!
In the Spirit of Crazy Horse,
Phyllis Tousey Frederick, Esq.
National Coordinator
August 1996
* * * * * * * * * * * *
NEWS UPDATE: AUGUST 21, 1996
BREWERS SUE CRAZY HORSE ESTATE AND
ROSEBUD TRIBE IN FEDERAL COURT TO HALT LAWSUIT.
Rosebud, SD -- Tribal Court defendants, the G. Heileman and Hornell brewing
companies, and Ferolito, Vultaggio & Sons, are now suing the Rosebud Tribal
Court, a special tribal judge, and Seth H. Big Crow, Sr., Administrator for
the Estate of Tasunke Witko, in federal district court in Pierre, SD. The
brewing companies seek a federal injunction to stop the Tribal Court from
hearing the suit brought by the Estate of Tasunke Witko.
Robert Gough, attorney for the Estate, called this latest action an untimely
but expensive delaying tactic. "Federal review is premature because the
Tribal Court has yet to develop a full record on the case," said Gough.
"These defendants have failed to exhaust their tribal court remedies and
this federal lawsuit will only result in an expensive delay," Gough added.
On July 24, 1996, the brewing companies, which produce "The Original Crazy
Horse Malt Liquor" and "AriZona Iced Tea," filed in federal district court
for judicial review of the recent decision of the Supreme Court of Rosebud
Sioux Tribe. The Rosebud Supreme Court determined that the Tribal Court does
have proper legal authority to hear the lawsuit brought against the
beermakers by Big Crow and the Estate based upon the actions of the beer
companies and their contacts with the Rosebud Reservation.
Mick Grossenburg, a Winner attorney representing the malt liquor companies,
served the federal complaint on the Rosebud Tribal Court and on attorney
Stanley Whiting, who presided as special tribal judge over the initial
hearing in 1994, in which the Estate's suit was dismissed for lack of
jurisdiction and standing under the Indian Arts and Crafts Act.
Estate Administrator Big Crow, who apparently has not yet been served in the
federal action, had appealed special judge Whiting's dismissal to the Rosebud
Supreme Court. On June 14, 1996, the Tribal Supreme Court affirmed the
Estate's right to protect the name and found that the Estate had presented
sufficient prima facie jurisdiction evidence to survive a motion to dismiss.
The Supreme Court overturned Whiting's dismissal, and order "a prompt trial
on the merits." The brewers' federal action seeks to block a tribal court
trial on the merits and to permanently halt all tribal court proceedings
against them.
According to the federal complaint, the brewers seek "(1) a judgment
declaring that the Tribal Court does not have subject matter jurisdiction
over the Estate's action against...or personal jurisdiction over (the
brewers); (2) an injunction against Seth H. Big Crow, Sr. preventing him from
proceeding against (the brewers) in the Tribal Court; and (3) an injunction
against the Tribal Court preventing it from asserting jurisdiction over (the
brewers)."
"This really comes as no surprise," said Gough, attorney for the Estate.
"These marketers will apparently do anything to avoid being held accountable
to the Lakota people for their appropriation and abuse of the Crazy Horse
name. When we first filed our lawsuit, Heileman, Hornell, Ferolito and
Vultaggio sought to avoid being served with tribal court papers for almost
six months. The Estate opposes any further delay in having 'a prompt trial
on the merits' of our case," Gough said. "The brewers have failed to exhaust
their tribal court remedies, as required by federal law, and the Tribal Court
should be able to develop a full record before any federal review is
appropriate. Otherwise, it is simply a waste of time and resources for both
tribal and federal courts," Gough added.
In the Estate's Tribal Court lawsuit, the Rosebud Sioux Tribe moved to join
with Big Crow on June 26, 1996, to protect certain claims raised by the Crazy
Horse family. In its motion, the Tribe brings claims under the Treaty of
1868 and under the federal Indian Arts and Crafts Act on behalf of itself and
on behalf of tribal members of the family. In its decision, the Rosebud
Supreme Court had determined that the language of the Indian Arts and Crafts
Act expressly allowed Indian tribes and the U.S. Attorney General to sue
under the law, but denied the Estate's standing to bring its claims to court
on its own behalf.
"The Tribe has a clear right to stand up and protect its interests and those
of tribal members under the law," said Rosebud Sioux tribal attorney Eric
Antoine. At an August 6th hearing on the Tribe's motion, Antoine argued that
"because the Tribe and the Estate share questions of law and fact in this
case and both seek relief against the same defendants, the Tribe should be
allowed to stand with the Estate against the malt liquor makers."
The defendant beermakers oppose the addition of the Tribe as a plaintiff,
and in a separate motion to stay, defendants have also requested that the
Rosebud Tribal Court halt its own proceedings pending the outcome of their
federal court lawsuit. Opposing the brewers' motion for a tribal court stay,
tribal attorney Antoine stated, "Both courts have concurrent jurisdiction in
this matter, and the federal court should stay its hand pending the outcome
of the Tribal Court trial to avoid a jurisdictional nightmare."
"This is simply another attempt to further delay their day of reckoning, but
they will not succeed," said Big Crow. "In their minds they are dragging
this out hoping that we will give up and go away like some mythical
'vanishing' Indians. We have waited almost three years for our day in court
on a matter of great importance to Indian people all over the country. We
will not be denied," Big Crow added.
Tribal Civil Court Judge Virgil Hauff has requested the parties to brief
their arguments on joinder of the Tribe and the request for a stay, and a
decision on these motions is expected from the Rosebud Court with early
September.
Anyone interested in obtaining more information, or who is able to
contribute to the financial support of this effort now in litigation in
both tribal and federal courts, is urged to contact:
The Crazy Horse Defense Project
2306 Rockwood Avenue
St. Paul, Minnesota 55116
612/690-3332 FAX: 612/690-4828
or phone:
Phyllis Tousey Frederick
CHDP National Coordinator
at 715/425-0004