Thursday, November 8, 2018

Off-reservation OST casino would test South Dakota law

An American Indian tribe trapped in South Dakota is expected to test state law after buying fifty off-reservation acres on I-90 according to Oglala Lakota Oyate officials.
The tribe closed on the parcel at the Exit 133 entrance to the Badlands National Park. It was the first time in the tribe's history that it purchased land outside the reservation boundaries, tribal leaders said. [KEVN teevee]
The Oyate actually helped buy an off-reservation property in the Black Hills in 2012 now home to an Oglala Sioux Tribe-donated bison herd.

A 1986 amendment to federal law that allows tribes to acquire off-reservation land to serve the needs of its peoples has been affirmed by an appeals court. The Fort Peck Tribes in occupied Montana have legalized therapeutic cannabis and the Northern Cheyenne have been mulling the concept. The Northern Cheyenne own land near Mato Paha (Bear Butte) in western South Dakota considered "non-contiguous" reservation land. As co-owners of Pe'Sla the Minnesota-based Shakopee Mdewakanton Nation could bring that state's medical cannabis and reproductive rights freedoms to the Black Hills. Tribes won their case that allows Pe'Sla to go into federal trust which will doom a cannabis grow-op there until the newly-elected US House Democrats legalize for tribes.

Recall South Dakota lost its case after charging non-Natives with providing the means for a cannabis resort within the Flandreau Santee Sioux Nation and its extremist legislature passed an anti-civil rights law restricting the number of abortions performed in the state by imposing a waiting period and a prior consult with a non-medical religious organization.

Even if the OST doesn't build a casino at the entrance to Badlands National Park it's time to test South Dakota's jurisdiction over nations where cannabis is legal and for tribal medical professionals to establish clinics that perform abortions on these non-contiguous parcels as islands of health care that supersede state law.

Democrats just lost big in South Dakota's mid-term elections after abandoning legal cannabis as a campaign strategy and ran an anti-reproductive rights gubernatorial candidate failing to attract American Indian and younger voters. Oglala Lakota County had the lowest voter turnout in the state with 39%.

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