Posted on 05/18/2006 8:24:46 AM PDT by Stoat
White construction worker sues Colville tribe
SPOKANE, Wash. (AP) A white construction worker is suing two Colville tribal corporations, contending that racial slurs by American Indian co-workers caused him to quit his job. Tribal attorneys say that Christopher Wright's employer, as a tribal entity, is entitled to sovereign immunity and cannot be sued in state court. Arguments in the case were heard Tuesday before the state Supreme Court in Olympia. It is the first time in more than 25 years that the high court has heard a tribal sovereign immunity case. A ruling is likely months away. Wright's case hinges on convincing justices that tribes' immunity unfairly shields tribal for-profit corporations doing off-reservation work. They "can be just running around the state and just not following the law," said Wright's attorney, Breean Beggs. "They can be polluting, they can be manufacturing products that are dangerous, and you can't do anything about it, under their theory." Tribal attorneys insist that the Colville corporations are immune to state suits. Tribal attorney Michael Griffin told the high court that Wright is welcome to file his case in tribal court in Nespelem. "The tribal court is wide open to litigants like Mr. Wright," said Griffin, a lawyer for the Colville Tribal Enterprise Corp. "If Mr. Wright invokes the jurisdiction of the tribal court, he will be heard." Beggs said Colville tribal law is unclear about whether a non-Indian can sue the tribe in such a case. Wright, a pipe layer, took a construction job in Oak Harbor in 2002 replacing a water system at Navy housing on Whidbey Island. His employer was the Colville Tribal Services Corp. The company is one of 14 business enterprises run by the Colville Tribal Enterprise Corp. Wright contended that one co-worker "constantly spat on me when I was working in the ditch below him and shouted things at me like 'You're my white bitch.'" He said two co-workers, without permission, took his Honda for a joyride. Another allegedly called him a "Nazi German bastard" and threatened to kill whites and burn their homes. He said he repeatedly complained to his boss. Court records show that Colville Tribal Enterprise Corp. officials called one meeting and told workers that racial epithets and harassment wouldn't be tolerated. Wright said the harassment continued. In February 2003, after eight months on the job, he quit. In Olympia on Tuesday, several justices seemed leery of trying to find a dividing line between the Colville tribes and their businesses. "The tribe owns the corporation, controls the corporation, gets the proceeds from the corporation," Justice Richard Sanders told Beggs. "What more do you need?" Tribal sovereign immunity from lawsuits is well established in federal law. In general, Indian tribes can be sued in local or state courts only when the tribe agrees to the suit or when Congress allows it. The goal of this longstanding immunity, according to Supreme Court rulings and legal experts, was to protect the tribes from being stripped of their land and other assets. It's one thing to protect the tribe, Beggs told the high court Tuesday, but it's quite another to protect for-profit corporations they create. That's a distinction without a difference, the tribal attorneys say. |
"Wright, a pipe layer, took a construction job in Oak Harbor in 2002 replacing a water system at Navy housing on Whidbey Island. His employer was the Colville Tribal Services Corp."
This occurred on a Federal reservation. I would assume that the Federal statutes take precedence over claims of tribal sovereignty.
The worst cases of racist talk and behavior have also been from the Native people I've lived with.
Tribal identity is the ultimate "us vs. them." It tells me a lot that many Native tribal names translate as "the human beings."
I had not been aware of this, but it certainly explains a lot.
That's fascinating, I hadn't known this before. It seems particularly ironic considering the animosity that's been focused on Italian Americans by Native Americans over the whole Columbus and Columbus Day issue. I wonder if our friend Clemenza might have some insights into this?
I find it interesting that so very often when one minority group that supposedly suffered from a history of discrimination and ill-treatment gets into any sort of position of power or develops clout of any sort, the first thing they do is to discriminate against other minorities.
"Iron Eyes Cody" was indeed an Italian American, from Mississippi of all places!
I love Free Republic, I learn something every time I come here :-)
He was the Indian who sheds a tear for a blighted American environment in "Keep America Beautiful" ads that ran from 1971 into the 1980s. Cody's Native American heritage was challenged in 1996 by a New Orleans (Louisiana, USA) newspaper which reported that he was in fact of Italian ancestry, which he of course denied. Father of Joseph Cody Interred at Hollywood Forever Cemetery in Hollywood California next to his wife, who died in 1978. His daughter died in a childhood hunting accident. Was actually of Italian decent. Brother of J.W. Cody. |
Many thanks for the details!
levels of American Society. Immunity from laws the rest of us need to adhere to, weird...
Say WA? Evergreen State ping
FReepmail sionnsar if you want on or off this ping list.
Ping sionnsar if you see a Washington state related thread.
If you give them a 6 pack of Steel Reserve 211 they'll leave you alone
I had never even heard of this before much less tried it.....it looks like the sort of thing that would make a stoat go blind.
LOL...yep, 80% of the urban drinking out of brown paper sacks has a Steel Reserve in it.
Right up here is East King County WA (outside Seattle) we have an interesting thing taking place. A recently re-declared "tribe" has just been approved to build a casino. They recently searched for suitable property and located a nice big lot just off the I-90 freeway. They bought it and this was now declared "tribal land". Never mind that it is some 20+ miles from their tribal headquarters. Then, they petitioned the government to allow them to build a casino on said ideally situated property next to I-90. Recently, that permission was granted.
From what I can see, the whole thing is a scam to make heap big wampum running a casino. Reminds me of the "tribe" back East where anyone with as little as something like 1/32 "Native American blood" is part of the tribe and gets to share in the rewards of the $$$ their casino rakes in. IIRC, there is no one in that tribe who is even 50% Native American.
Having said all that, everything I have read and from what I can see on their website, they are working hand-in-hand with the local governments, and intend to be very environmentally-conscious in building their casino. There won't be a huge blinding TV screen billboard situated along the freeway.
Regarding the case at hand, I firmly believe that if a tribal corporation is working off tribal land - in our sovereign nation, so to speak - then they are subject to our laws. This is the point the litigant is making. I believe the same thing applies should a corporation based in WA work in OR - they are subject to the OR state labor and environmental and other laws. Same if a Canadian company comes down and works in WA.
These Tribal attornys can't seriously believe that a Chinese company could come here and start a child labor sweatshop just because it is legal in their country?!!? Isn't that a fair analogy?
Whatever happened to Old English 800 malt liquor? That seems to be the paper bagged 40 ouncer-of-choice in these parts (S Florida), preferred by the better sort of panhandler and street corner raver.
One of the dumbest things to do is work in Indian country while not being an indian.
That certainly seems to be excellent advice which I will take to heart, thank you.
“Liberals will say that this is justice for all of the years that Indians were persecuted by whites.”
even though they weren’t. this is the excuse the Dems use to hand over industry after industry to the tribes. fishing, gambling, card rooms, next is tobacco. they use our roads, and schools, and govt agencies but dont pay taxes. they can sue US, but we can’t sue them.
welcome to the schitzophrenic world of Democrats.
there comes a time when you just have to let go. geez.
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