Thursday, February 9, 2012

OST sues Whiteclay, bottlers...finally

Update, 11 February: Bootleggers arrested on the Pine Ridge according to the Lakota Times.

________________________

It's about time. Noteworthy is that the Rapid City Journal's lede is written by Kevin Abourezk for the Lincoln (Nebraska) Journal Star.

@ILPCTurtleTalk: The Oglala Sioux Tribe has filed suit against:

JASON SCHWARTING, LICENSEE OF
ARROWHEAD INN, INC.; JASON
SCHWARTING D/B/A ARROWHEAD
INN, INC.; SANFORD HOLDINGS, LLC,
LICENSEE OF D & S PIONEER SERVICE;
SANFORD HOLDINGS, LLC D/B/A D & S
PIONEER SERVICE; STUART J. KOZAL,
LICENSEE OF JUMPING EAGLE INN;
STUART J. KOZAL D/B/A JUMPING
EAGLE INN; CLAY M. BREHMER,
PARTNER, LICENSEE OF STATE LINE
LIQUOR; CLAY M. BREHMER, PARTNER
D/B/A STATE LINE LIQUOR; DANIEL J.
BREHMER, PARTNER, LICENSEE OF
STATE LINE LIQUOR; DANIEL J.
BREHMER, PARTNER D/B/A STATE
LINE LIQUOR; PIVO, INC. D/B/A HIGH
PLAINS BUDWEISER; DIETRICH
DISTRIBUTING CO., INC.; ARROWHEAD
DISTRIBUTING, INC.; COORS
DISTRIBUTING OF WEST NEBRASKA,
INC.; D/B/A COORS OF WEST
NEBRASKA; ANHEUSER BUSCH INBEV
WORLDWIDE, INC.; SAB MILLER D/B/A
MILLER BREWING COMPANY;
MOLSON COORS BREWING COMPANY;
MILLERCOORS, LLC.; PABST BREWING
COMPANY

ip believes this lawsuit has ramifications for legislatures creating language for eventual cannabis cultivation and distribution.

Can the Roman Catholic Church withstand similar suits?

9 comments:

D.E.Bishop said...

Yeah!!! Go OST!!!

Those vultures (white) in Whiteclay are the most immoral bunch of bastards.

I hope OST kicks their asses so hard that they go bankrupt, get the hell out of Whiteclay, and that no one else comes in for fear of a similar response.

larry kurtz said...

The RCJ has two stories with the same ledes running in their sidebar: the Rapid Rant reader comments to both pieces are so over the top they are unrecognizable as human.

South Dakota is so unfuckingbelievably failed.

Bill Dithmer said...

DE I don’t really see that happening. The tribe would have to explain why they had “if they still don’t” the liquor license for the Cedar Pass Lodge at Interior South Dakota. Are they going to argue that they should be able to sell to any other race of people except native American?

If that does indeed happen you can look at a lot of people that are presently native to go white. I'm not saying that what is going on at White Clay is right I'm just trying to get a handle on the implications of a court case and its far reaching effect on future litigations.

I can almost see the courtroom now and members of the OST council testifying. What are they going to say when asked about their own drug and alcohol use. I have partied with a couple of these people in a past life time and know people that still party with them. How will they handle the questions? Will they state publicly that they would like the laws to be like they were before IRA “Indian Reorganization Act”I cant say the name of a single native that would want that to happen in this day and age. To do so would be admitting that genetically the native is inferior in some way and nothing could be further from the truth.

Nothing will change until there is a chance of employment here,nothing.There are several ways to do this but the tribe isn't interested in any. I gave an expensive way over at Madville Times a couple of months ago. I also gave my suggestion to the OST. Dead silence from the tribe.

Now Ill give a suggestion for the use of the twelve million that they just got from the government to ease housing.

Build it yourself using sustainable housing, steel framed, or steel arched, or cement monolithic domes. These aren't hard to build and to do the same thing over and over would make a crew pretty darn efficient.

1. shotscreet walls for insolation
2. in floor radiant heat,either low voltage or hot water solar heaters for both air and water, there is already a solar heat industry in Nebraska.
3. the use of solar cells to give as much freedom as they can get through the use of inverters but still be on the grid it that is something that they would like.
4. induction cooking coupled with propane, they make a good half and half unit right now the is something to see boil water.
5. assisted heating through the use of quartz radiant heaters.
6. stained polished concrete counters and floors.

If they would follow any of these suggestions they would be saving money and making job opportunities for their people. If I'm counting right there would be five new small businesses that would employ more then thirty people in their crews. It aint much but it’s a start. And darn sure better then loosing the money through administration fuck ups.

The Blindman

larry kurtz said...

Excellent comment, Bill. The Lincoln Journal Star has a follow-up story on the legal ramifications of trying the case in tribal rather than federal court.

Bill Dithmer said...

Larry and DE the problems on this reservation are much deeper then just the use of alcohol. They have to do with a mindset both from within and from outside the res. There are three simple ways of dealing with the bootlegging problems but none will get much traction I'm afraid.

First legalize the sale of alcohol on the reservation, sell liquor under the price that the bootleggers currently charge. Put a small tribal tax on that booze and use it to fund treatment programs. I realize that this wouldn’t be to popular with the elders or those that need someone to blame for their problems but it is the truth. Four stores either owned or controlled by the tribe at Pine Ridge, Kyle, Wounded Knee, and Wamblee. This problem wont go away just because you stop sales in White Clay Nebraska.

Two lobby the South Dakota legislature hard to do away with the tax on food stuffs. There are already grocery stores here that cant compete with those just across the border because of our sales tax on food of all things. Why not at least give them a level playing field to compete on?

And three the banishment clause of the tribal constitution. The tribe right now has the ability and power to banish anyone that it feels is a detriment to the tribe or its people. It doesn’t matter if they are red, yellow, white, or purple, if they are causing trouble for the people that live here the tribe can legally kick someone off the reservation. They can also kick an Indian out of the tribe. That’s right the tribe can take a natives Indian rights away from them.

To answer your next question the reason that it doesn’t happen is because everyone is someone else's aunt, uncle, brother, or sister. Its not because the tribe doesn’t know who the bootleggers and drug dealers are its that leaving them alone is just easier then the alternative. The same goes for gang activity!

We are all complicit in the problems on the reservations. The tribe needs to take responsibility for the actions of its people, the state needs to address the fact that the reservation is a part of the state and not just a unless appendage, and the federal government needs to revisit the administration of the reservation system as a whole. Its about “rules and regulations baby” rules and regulations.

Legalizing the growing of hemp and the industries that would come as a result of that one act would make huge strides on the Pine Ridge Reservation.

What we are doing is not working, hasn’t worked in the past, and history is a guarantee that it wont work in the future so why not perpetuate change now?

The Blindman

larry kurtz said...

Bill, are South Dakota sales taxes levied on sales in reservation stores? or taxes on tobacco products?

Thanx again for great input.

Bill Dithmer said...

Larry the information you want is in the link below. Short version.At present, four Indian Tribes in South Dakota have tax collection agreements with the State that include sales, use, and contractors’ excise taxes. The tax collection agreements ensure that all businesses making sales or providing construction services on property included in a tax collection agreement are subject to the same taxes, tax rates, and exemptions. All businesses, including those owned by tribal members, are responsible for collecting and remitting tax. So yes all taxes apply.

Indian country controlled by a Tribe that is part of a tax collection agreement is considered a Special Jurisdiction.

Cheyenne River Special Jurisdiction - the Cheyenne River
Indian Reservation, which is Dewey and Ziebach Counties,
excluding a 500 foot strip of land in the northern-most portions
of Dewey and Ziebach Counties.

Oglala Special Jurisdiction - the Pine Ridge Indian
Reservation, which is Shannon County and that portion of
Jackson County south of the White River. This Special
Jurisdiction also includes the Allen Store in Allen, SD.

Rosebud Special Jurisdiction - the Rosebud Indian
Reservation, which is Todd County. This Special Jurisdiction
also includes Indian country defined by 18 U.C.S. 1151 (b)
and (c) in Mellette, Tripp, and portions of Gregory and Lyman
Counties controlled by the Rosebud Sioux Tribe.

Standing Rock Special Jurisdiction - the Standing Rock
Indian Reservation, which is Corson County and a 500 foot
strip of land in the northern-most portions of Dewey and
Ziebach Counties.

http://www.state.sd.us/drr2/businesstax/municipaltax/tribaltax.htm

Bill Dithmer said...

Just one more thing and then I'm through. First I find it extremely hard to swallow that there are people that don’t understand the facts of life.

People that have jobs are productive members of society. If those people don’t have jobs it doesn’t make them less then human it just makes them less able to spend the money that they would otherwise have. If everyone really wants to see progress then there has to be jobs. Those that complain about deadbeat welfare recipients don’t seem to understand how simple this principle is. Again the more money that people have the more they will spend in YOUR stores.

Although not a guarantee the more money people have the less they will eventually spend on their search for an out of body experience, booze and drugs to escape reality, and the better their life style will become. Success breeds success and when people are successful they will use that success and pass it on to someone else. It might be their kids or someone that isn't as lucky as they have been. And wouldn’t you know “here comes the circle of life” that the Sioux are fond of talking about.

Right now there are very few mentors or successful business people on the res. You cant drag people to success but you can give them a gentle shove. They are ready now. The question is, are the governments involved in their futures ready?

But then what the hell do I know I'm only Indian by osmosis.

The Blindman

larry kurtz said...

Shit, Bill: your last comment was stuck in the spam box. I am so sorry; thanks for the info.