Cuomo’s Casino Dream

Published in the August 29, 2013 issue of the ARTVOICE

Somewhere along the line, Andrew Cuomo’s campaign promise to clean up New York State politics and government got replaced by a dream he never shared with us during his run for governor. New Yorkers got neither campaign reform nor heightened transparency laws. What they received instead was a slew of gaming interest dollars showered on the Governor and some of his key supporters, a collection of back door “Indian” gaming exclusivity deals, and the second passage of a law to amend the State Constitution to legalize State-licensed casinos. So no Albany cleanup but the wholesome family fun of “Vegas style” casinos made it through the State legislature and the Governor’s pen instead.

This Cuomo casino dream, pitched as a job creator and a plan to lift the State out of its financial morass, is not a done deal yet. This November’s off-year election will feature a public referendum to amend the 193-year constitutional ban on casino gaming. Beyond the obvious problem with the New York State jumping into an industry based solely on a vice and one known for corruption, there are some valid reasons why this is such a bad idea for New Yorkers.

First, where will the new casinos’ patrons come from? New York State boasts tourism as its number four industry, but how much of that industry draws revenue from outside the state? With the exception of New York City, is any other place really a tourist draw from out-of-state? The answer is no. It is fairly well established that the type of casinos proposed for the Empire State will draw 90 percent of its patrons from within a 50-mile radius of the venue. The casinos will be paying around 40 percent of their net to the State. So all the promises of jobs and tourism aside, let’s be clear: rather than pulling dollars into the State, these facilities will instead suck money out of their areas to the State. These new businesses cannot possibly be a boon to a local economy unless patrons are bussed in from elsewhere to offset the money that will be siphoned out of the area.

The only place that could possibly draw outside money is New York City, which will not get a casino anytime soon as a result of this referendum. So all you “New Yorkers” who will have to take one more look at your Weiner in your mayoral race, this “dream” is not for you. Other places, such as Niagara Falls, the Thousand Islands and Lake Placid, aren’t getting one either. Cuomo’s “Indian” exclusivity deals removed all of them from consideration. Just three areas are included in the legislation: the Eastern Southern Tier (Binghamton), the Catskills and the Capital District. So that’s it; a statewide constitutional referendum to change a 193 year-old ban so three areas (all excluding the State’s 4 largest cities) can try to save New York State from its financial woes.

In the best of times, when disposable income is plentiful and a majority have money burning holes in their pockets then, sure, fleecing the public with the old “dollar and a dream” scam might be great. I suppose a “dream” does sound better than a “gamble.” But not when it’s their last dollar or when they are already a dollar short. State gambling is a backhanded tax––an addictive, unfair and uncompromising tax. Like the New York Lottery, it is designed to fleece the public for state revenue.

And Albany will not be the only black hole casino revenue. Don’t forget about the gaming corporations that will be running them. There is only a slim chance that a New York-based company will win a casino contract. I’d put my money on Malaysia, Nevada or New Jersey. Their profits will not be spent in the area of these new venues. They’ll be distributed to shareholders living elsewhere. Their high paid executives will likely be brought in from out-of-state and the jobs created for the local residents will be barely above minimum wage with a heavy reliance on tips. And unlike most jobs where you might expect pay to increase over time; these jobs will see tips drop off once the newness of Cuomo’s casino dream wears off. Players won’t be the only losers.

There is no good reason to vote for this referendum. It is one thing for the Seneca or Oneida nations to fund their governments with casinos. They fund their tiny population, drawing from a much larger outside demographic. They don’t rely on their own people as a primary market.

Herein lies the fatal flaw in the Governor’s “Casino Dream.” New York State cannot fix its failing economy by sucking more dollars out of the people who are struggling within it.

Vote “no” in November.

http://artvoice.com/issues/v12n35/guest_essay

Good “Indians”

Published in the August 28, 2013 issue of The Two Row Times

Let’s be honest. Most people have no idea who Philip Sheridan is – or care. The infamous quote, “The only good Indian is a dead Indian” is attributed to him. Whether Sheridan really said it or not is like him – of little consequence. However, the quote is as entrenched in American racism as any opinion that was ever expressed.

There are two ways to interpret the quote but neither leaves any room to describe a Native person who has survived the longest and most sustained attempts at genocide as “good.”

The obvious and first assumed interpretation is that relative to a live “Indian” a dead one is better. U.S. President and Nobel Peace Prize recipient Theodore Roosevelt (d. 1919) once said, “I don't go so far as to think that the only good Indians are dead Indians, but I believe nine out of ten are, and I shouldn't inquire too closely into the case of the tenth.” This guy obviously subscribed not only to this interpretation but also to this sentiment. Is there any wonder why the Lakota want his face off their Black Hills?

There is another way to view this classic American quote and that is to suggest that all the “Good Indians” have died or been killed. L. Frank Baum, author of “The Wonderful Wizard of Oz” thought Sitting Bull was a “good Indian.” He called him the “Greatest Medicine Man of his time, by virtue of his shrewdness and daring.” And upon his cowardly murder at the hands of the U.S. government, Baum went on to write, “With his fall the nobility of the Redskin is extinguished and what few are left are pack of whining curs who lick the hand that smites them.”

Now here we have a “gentleman” that so loved the image of the “early Redskins of America” who because of his belief that the “proud spirit” of the Indian “lingered last in the bosom of Sitting Bull,” called for “the total annihilation of the few remaining Indians.” For Baum, the “Good Indians” were all dead and so as not to tarnish the image of those “good” dead Indians, he preached genocide.

In his words: “Why not annihilation? Their glory has fled, their spirit broken, their manhood effaced; better that they die than live the miserable wretches that they are. History would forget these latter despicable beings, and speak, in latter ages of the glory of these grand Kings of the forest and plain.” Hell! They would model their Boy Scouts of America after them. They’ll name their high school, college and professional sports teams after them. But, of course, he meant name them after the “good Indians” – that is to say, the dead ones.

Unfortunately, for America – and not for lack of trying – those “latter despicable beings” were not annihilated. Baum knew we would always be trouble. Here’s what he wrote following the 1890 Wounded Knee Massacre: “Having wronged them for centuries we had better, in order to protect our civilization, follow it up by one more wrong and wipe these untamed and untamable creatures from the face of the earth.”

I contend that most non-Native people on this continent suffer from a “Baum Complex.” They really like the “story” of the “Indians” so why do we living Indians have to mess it up for them? I don’t think the non-Native population is really worried that we will destroy their civilization – they are doing that just fine without us.

But we sure do screw up their version of history; and messing with their sports teams is just unreasonable. Even those that claim to “empathize” with us because they acknowledge the undeniable, as Baum did – “Having wronged them for centuries” – just can’t understand why we don’t stop all this sovereignty nonsense. Just accept things now, be proud of who you were, and stop being “despicable.” Cheer for the Washington Redskins and the Cleveland Indians and be proud of your place in our history. So we've been told.

I was told recently and very publicly by the Niagara Falls, New York mayor to “Let it go! Just let it go!” Well, many have, but a growing number of us just won’t “let it go.”  We will not be “Good Indians.”

www.tworowtimes.com

“Full Sovereign" – a buzzword for minority status - The River of Words

Too often I have witnessed, that lip service is given to issues that are associated with Onkwehonweh (real people) political matters. Whether coming from elected government representatives or the mainstream media, the disdain for culturally-based concepts comes across through skin-deep engagement and coverage. This historical practice remains the same in modern times.

Under the guise of modern history, the language of diplomacy has been closely attributed to the French language. The French word “parler” (verb) means “to speak.” A word with similar origins is the name of the “parliamentary” form of government.

If a country “parleyed” with another country, the intent was to conference with another party, particularly as part of a truce, or as an action between enemies. The classic sign to parley was to raise a black flag by the summoning party. This is still the internationally recognized signal.

Following this train of thought, within the language of contemporary politics I have heard that recently the term “full sovereign” is now being put forth as a public talking point statement by elected representatives of the United States, in reference to North American Indian nations. The usage of this phrase raised a black flag with me. This is not a political equal speaking to another political equal. It is a diplomatic pat on the head.

What are they really saying? Why are they saying this? What is the benefit to Onkwehonweh, if any?

These words “full sovereign” were spoken recently at the NIGA Summer Legislation Update meetings to a meeting visitor by a male Congressman (NIGA stands for the National Indian Gaming Association.) When questioned on the use of this phrase, the response was from a bewildered-looking member of the US Congress. The gratuitous value of a “full sovereign” label was thus exposed.

It is possible that the intended audience for the remarks (in Washington D.C.) was one of placated, and possibly satisfied, citizens of the United States. The irony of uttering the words “full sovereign” to a gathering of Onkwehonweh should have fallen on deaf ears. Yet the hall was silent as the question of what it meant was muddled in response.

Possibly “full sovereign” made reference to the legal term “sovereign immunity” that has been employed by elected, federally-recognized American tribal councils. It is more commonly cited by the historically ensuing federal governments of the United States and Canada in response to lawsuits by federally recognized tribes and band councils, to assert their own “sovereign immunity” in response to the legal challenges. In fact, a common expression of tribal sovereign immunity is to “waive sovereign immunity” as part of the legal process. You rarely, if ever, hear the federal governments waive their own “sovereign immunity.” Evidently, it is poor form to begin to do so, if one believes in “stick to your guns” sovereign expression.

More likely, “full sovereign” alludes to an interpretation best displayed in the legal proceedings of the Miccosukee Tribe in their arguments against the United States Internal Revenue Service. In 2010, Judge Alan S. Gold of the United States Court of Appeals for the Eleventh Circuit ruled that the Miccosukee Tribe overstepped their claims of sovereign immunity to efforts by the United States government to access financial records involving tribal accounts and elected leadership. Additionally, to display the matter to other watching tribal governments, the United States was described as a superior sovereign in comparison to the political status of the Miccosukee Tribe as a “domestic dependent nation” which the US Congress can limit, modify or eliminate the powers of local self-government which tribes otherwise possess, “subject to ultimate federal control.”

The shock and awe of “full sovereign” tribal status labeling fails all of the political tests that equals employ with each other.  Whether spoken in the French language or through legal briefs, the intent is clear. In the United States, there can only be one form of government, despite the lack of formal agreements by Onkwehonweh to accept or endorse that status. There can never be any confusion to the outcome of such an argument, according to the United States. They will never parley with inferiors.

Onkwehonweh have to bear this in mind. Tribal governments funded by big government can be bought off and stifled. The land-based rights of Onkwehonweh have no buyout price nor can they be discounted. The birthright of the unborn generations can never be made inferior to any man-made system. Creation cannot be bought off, today or ever.

The River of Words

Sometimes you have to just get in there and get down to the business of the people. Let’s look through the mist surrounding the solutions that we can find together as a united people in need of clarity and advancement.

With your permission, we will now navigate the maze of the motive and intent of what Onkwehonweh (real people) must face, each and every day, as they reach for their own freedom as people of the earth and as guardians of the lands of the unborn. Our sovereign path is built upon land-based rights, neither granted nor limited by government, but instead, lit by the freedom of thought and personal choice of action of the individual. The path that is shared by all of us who feel that if it is not used, it will become overgrown and forgotten through disuse, or placed off-limits by those who have laid an alternate, temporary road covering those same lands, which leads those who take it in the wrong direction and is always in need of repair. Laying those new roads does not mean that those original sovereign rights we share are extinguished. They will always still be there. They represent our Unity. They must be dusted off regularly.

These words are for those of you who walk this path with me. Taking longer strides the stronger you become in your understanding of who you are and where you are going. Your Native pride inspires me, all of you, both young and old, with every step that you make, with every breath that you take, each and every day. I want to personally thank you for your survival. Our lands and the awe-inspiring power of Creation live through each of you, who have chosen to defend them.

The Sting and the Overreach: From Kansas City to Tonawanda, Oshweken, Yakama and More

From the LTN Column in the August 21, 2013 edition of The Two Row Times.

Last week, a 43-count federal indictment was filed in the Western District of Missouri. It named 18 defendants and while only a handful of were Native, this indictment and the “sting” that brought it is ALL about us. The elaborate Bureau of Alcohol, Tobacco and Firearms (ATF) sting set up in Kansas City, Missouri was all about selling cigarettes to Native retailers on Native lands within the imaginary borders and, even more imagined, control of New York State.

For more than 30 years, Native retailers have been selling tobacco products on Native lands free from New York State’s regulatory control, including the State’s sales and excise taxes. Compliance with federal excise tax, for the most part, has been met and is not at issue with this indictment. Of course, this specifically raises the question about why, i.e. if the federal taxes are paid, is the ATF mounting a sting over state tax? Herein lies the crux and significance of this case.

The Contraband Cigarette Trafficking Act (CCTA) is really being put to the test here. This law basically states that ANY tobacco products requiring state tax (and the stamp indicating proof of that paid tax) found in a state requiring such a tax and stamp is deemed by the federal government as “contraband” if that tax is not paid (and affixed with the proper tax stamp) UNLESS the product is in the possession of an AUTHORIZED dealer or wholesaler. Of course, Native wholesalers, distributors and retailers do not qualify as AUTHORIZED dealers. The facts that New York State knows – that their taxes cannot be enforced on our lands and that THEY have never established that “unstamped” product on Native land is “illegal” or that Native businesses do not require State “authorization” – are completely glossed over for one reason: PRECEDENT.

Now while the product used in this “sting” was not a Native-made product, establishing that a product brought onto our lands without a NYS tax stamp can be deemed unlawful and to have that hold up in court is HUGE. Let’s be clear: NONE of the cigarettes on the shelves in Seneca Territories, Tuscarora, Tonawanda, Cayuga, Onondaga, Oneida, Mohawk or our brothers on Long Island have NYS stamps on them. NONE! And in the more than 30 years that Native smoke shops have existed, never has a stamped product been on our shelves. Now New York State has, after many years, cleared enough of their own legal hurdles to finally cut off their “state licensed wholesalers” (state stamping agents) from selling us unstamped product, a practice that existed for almost all of those 30 years, but state laws stop well short of establishing that our sales and, likewise, our acquisition of unstamped cigarettes is a crime. In fact, to the extent that “premium brands” or non-Native brands have been made more difficult for retailers to purchase, Native brands have pretty much successfully replaced them and New York State finds itself wrestling with this “problem.”

So now here come the FEDS! By luring a few Native retailers with truckloads of hard-to-come-by Marlboros and Newports from out of state, the ATF hopes it can assert federal law to enforce state law that otherwise cannot be established on our lands, PARTICULARLY AS IT APPLIES TO NATIVE BRANDS!

Even as this case was building, New York State Attorney General Eric Schneiderman had filed lawsuits to block Native brands from entering the State en route to Native territories. So there you have it! This entire elaborate scheme has been developed to crush Native-to-Native commerce, a trade that the State and Feds know they have no business in.

No matter where you stand on tobacco use or “wealthy smoke shop owners,” this is an affront to all of us. The two targets of the NYS Attorney General are King Mountain brand of the Yakama Nation (located in what is now Washington State) and Seneca brand of Grand River Enterprises in Oshweken. In my opinion, this is the SOVEREIGNTY fight of our time – not because of cigarettes but because of trade. We need to realize that it doesn’t matter if it is the Conservatives in Canada or the Democrats (Liberals) in the U.S. We are under attack. When the U.S. federal government under Democrat Barack Obama throws this kind of support to New York State under Democrat Andrew Cuomo to shut down one of the few bright spots in the otherwise dismal economies of our territories, it is time to respond. We will always fight for our land and water – a fight that will be ongoing – but when will we finally draw the line on oppressive governments interfering with a basic right to trade and sustain ourselves? It is time for ALL of us to respond.

Tobacco was always ours and it was always a significant element of our trade. It was this way long before the white man bastardized its use and its form, turning it into a product of addiction, politics and massive wealth opportunities for them. The continuous attempt to criminalize our participation in a trade that they misappropriated from us and almost completely dominate throughout the world is as incredible as it is hypocritical.

Almost as a side note and for any of those within our own ranks that harbor ill will toward private sector development within our territories and are under the belief that all private enterprise is evil and unlawful, perhaps I should mention a few more details of this indictment and just who is in the tobacco trade on our lands. One of those listed in the indictment is the operator of the Tonawanda Seneca Nation Enterprises (TSNE). The TSNE shop, also known as Jan’s Smoke Shop, is not a private enterprise. It is one of the much-touted “lawful” Haudenosaunee businesses that are distinguished from private entrepreneurs by the Grand Council of the Haudenosaunee. This shop’s premier brand is the Seneca brand of Grand River Enterprises, one of the same brands that are being targeted in this grand scheme. Seneca brand is the most popular Native brand not only for the privately owned shops but also for the Onondaga’s smoke shop and Seneca Nation’s “One Stops” and Oneida Nation’s “Sav-on” stores. That’s right, the “Central Fire” of the historic and legendary Haudenosaunee depends on this product from Oshweken. Even beyond these specific “Nation” enterprises, the Seneca Nation and Saint Regis Tribe in Akwesasne also pull millions of dollars into their general funds from the private sector smoke shops. Seneca, King Mountain and a host of other Native brands fund both “Traditional” Native governments and “Elected” ones.

But let’s get back to the individual indicted this past week as the operator of the TSNE’s smoke shop. This is a Nation employee and is actually forbidden from paying state tax according to “A Special Report by the Haudenosaunee on some of the primary aspects of Law, Sovereignty and Governance” (March 1998).

“The Haudenosaunee have never accepted, nor do we intend to accept, the jurisdictional authority of New York State…to levy sales and excise taxes upon our people or any transactions that are conducted within the territorial boundaries of our member nations.”

Will this loyal Tonawanda woman be hung out to dry and “take the rap” for the only enterprise of the Tonawanda Seneca Nation? Will the Tonawanda Chiefs allow this (or recommend it to shield them)? Will the Tonawanda people allow this? Will the Haudenosaunee?

Whether it is a Nation enterprise or private business, the sovereignty of all of us is being violated. The Feds imposing state law on any of us, whether we are in Yakama, Oshweken or Tonawanda is wrong and must be fought. Most on the list of those indicted will ultimately plea out to make a deal. Many did before the indictment even came down. An individual plea agreement is one thing but a court ruling on this must not stand. The ripple effect will cripple what little economies we have and will kill many opportunities we have yet to even explore. Protecting Native-to-Native trade is not an option – it is an imperative.

The Two Row Times is a Family Affair

Andrew Cleaning Ink from his hands

By Jim Windle
SIX NATIONS

The Two Row Times news publication is the product of years and even generations of hard work and entrepreneurial Native spirit.

Owner and publisher, Jonathan Garlow, inherited this spirit from his father, Andrew Garlow of Garlow Printing and Copy located on Mohawk Road at Six Nations of the Grand River Territory.

“I’ve been in the printing business for half a century now, I guess,” says the senior Garlow.

“I’ve been in the printing business for half a century now, I guess,” says the senior Garlow. “I started in the printing business at age 22. I guess I kind of fell into it.”

He recalls becoming friends with a man he worked with in Toronto who showed him the basics of how to run an offset press. And he liked it.

“I kept moving to different places,” he remembers. “I was just trying to get a little money and gain some experience.”

His life journey then took him to Brantford where he began work at Ricter Web Printing, some 30 years ago. That is where he and Two Row Time’s Graphic Designer, David LaForce, first met and worked together as the only two Natives in the shop.

Andrew and Jonathan working on the press

David’s connection to Six Nations comes through his maternal grandmother, a Mohawk of the Wolf Clan. His father is from the Mississaugas of the New Credit and his grandfather was from Wahta Mohawks. His grandfather attended residential school but his grandmother’s family would not allow her to go.

Two years later, Garlow jumped at the chance to work at Hurley Printing, a union shop in Brantford, and he and LaForce went their separate ways. Now, decades later, their paths meet again.

In 1994, Garlow gathered up a few dollars, his accumulative knowledge and experience, and opened his own print shop back home at Six Nations, which has been serving the needs of Six Nations and New Credit ever since.

Now, almost 20 years later, he is helping his son Jonathan make his own move into the news publication business.

Jonathan is a man of many talents. He has an accomplished musical career which saw him found Tru Rez Crew, an award winning hip hop group and groundbreaking force in Native hip hop. Tru Rez Crew won the 2003 Canadian Aboriginal Awards for best Rap Album and best song single. Jonathan continues to play Gospel music in his community and is a producer who collaborates with many local native artists. In 2008 he produced Karha:kon – “In the Bush” a reality TV hunting show which aired on First Nations Cable. Among other efforts directed and produced the feature length documentary film Day Zero.

Andrew is proud of what Jonathan is now pursuing, and supports him in every way he can. He is also pleased with the team Jonathan has assembled around himself — a team which includes Andrew’s old co-worker and friend Graphic Designer David LaForce.

“When you start a new thing you have to be around people who believe in what they are doing and put into it whatever it will take to succeed,” says the senior Garlow. “When I started my business, failure was not an option and I’d put in as many hours as it took, many times 16 hour days.”

David LaForce and Family

“It’s a great team Jon has put together,” he says. “I have every confidence in them all.”

“I’m really excited about the Two Row Times,” says Nahnda. “Our family has gone through a lot the last while with the death of Jon’s brother Jeremy and his mother (Eleanor). I have also recovered from having had breast cancer, and it all kind of happened in a short period of time, so it’s really good to see something new on the horizon — to be walking forward into a new part of this journey.”Although a little nervous, as anyone would be going into such an ambitious endeavor, Jon’s wife Nahnda, an Onondaga of the Beaver Clan, is also excited about her husband’s new adventure.

She loves to see Jon and his dad working together with a group of people of the same good mind.

She and Jon are a part of a new generation of young Native entrepreneurs, who bring a whole new approach to the age old business of information sharing.

Nahnda admits to getting the majority of her news and information on-line, and this is the element of the Tow Row Times that most excites her.

“Having a strong social media element has got to be an integral part of the Two Row Times,”

“Having a strong social media element has got to be an integral part of the Two Row Times,” she says. “To be honest I might look at the front page news and a couple of pages in, but then I go right to the births deaths and classifieds. But I’m on facebook four, five or six times a day.”

She isn’t alone. In fact, within her age group and younger, this is the new normal according to all statistics, which also reveals more than 50% of Native populations are under the age of 30.

Like most Onkwehon:we readers, she has become jaded by the misrepresentation and misinformation being put out as fact in the mainstream media. This is another reason she believes in her husband’s vision for the Two Row Times.

According to her, it was all the misrepresentation and spin the mainstream media put on the coverage of the reclamation of Kanonhstaton (Caledonia) that turned her off to the  corporate media.

“Things were way blown out of proportion and a lot of things were left out,” she recalls.

This being said, there will always be a need for the printed page as well as the electronic media and the Two Row Times hopes to excel in both forms.

Together and with their extended family and staff the Garlows hope to make a difference and help get the “real” news reported for and about Onkwehon:we people everywhere with the Two Row Times.

www.tworowtimes.com

www.facebook.com/tworowtimes

Liars, Thieves and Ingrates, Welcome to New York!

So New York State Governor, Andrew Cuomo admits that he has been lying since he took office when characterizing the Senecas as refusing to pay what they owe and insisting that it was the Senecas that were not upholding their end of the deal on exclusivity payments to the State. Of course, this admission comes only after he beats the Senecas into submission to accept the three facilities in direct competition with Seneca Gaming and still continue to pay in spite of the clear breach of the exclusivity provision of the State/SNI gaming compact. This "grand bargain" also has the Senecas giving up most of the funds that have been held because of the breach.

On the day after this revelation, Niagara Falls Mayor, Paul Dyster, flat out lies about threats he has made to the Senecas over the last few years and gets pissed at the suggestion that he owes the Seneca People an apology. This after getting promised $89 million from payments held back from the State and a promise for $30 million a year going forward. He called the suggestion "Outrageous" on live radio and denied his half dozen threats to deny fire department protection to the patrons, employees and facilities of the Seneca Niagara Casino.

When anyone asks how this dispute could rage on for so long, one only has to look at the integrity of these two at the center of the controversy.

What many fail or refuse to realize is that the State is entitled to no revenue from Native gaming. They can charge for services, and do. But these facilities are neither beholding to the State nor do they exist because of the State. The State could no more grant or authorize Native gaming than they could for State gaming. New York State law prohibits casinos. Seneca Gaming exists because the Senecas are a sovereign People. The Indian Gaming Regulatory Act (IGRA), a federal law, only authorizes the states to be involved in the regulations by calling for a gaming compact to be worked out between the states and Native peoples. The states cannot prohibit gaming nor shut down existing facilities operating on expired compacts.

What states can do is offer something of value to a Native gaming operators in exchange for some consideration, including the possibility of revenue sharing. Among those "somethings of value" are non-compete agreements or exclusivity zones. When NYS saw millions of gaming dollars fleeing the State and country across the the Niagara River gorge into Canada, there was a strong mutual interest in the Senecas doing what the State could not; open casinos in Western New York. The State wanted the flow of WNY dollars into Canada to stop and hoped to pull some of those dollars directly into the State's coffers. The State ultimately wanted 25%, a number unheard of in State-Native gaming agreements. For such a large piece of the action the State offer an exclusivity zone from Lake Erie to East of Rochester. A smaller percentage would be paid to the State in the beginning but would ramp up to 25% as the gaming was developed.

The problem is that as the State was trying to create loopholes around its laws prohibiting State run casinos, someone decided these loopholes could circumvent the Seneca exclusivity provision as well. The bottom line was that NYS believed they could compete directly against Seneca Gaming in the non-compete zone and still squeeze them for exclusivity payments.

The Senecas protested and ultimately began withholding the payments. Now of the 25% that the State was to get from this exclusivity provision, 25% of that was to come back to the municipalities in the area of the Seneca gaming sites. In total, $630 million dollars have been withheld to date. The three host communities have been denied over $150 million by the State even though the State was still raking in dollars from its own facilities. The City of Niagara Falls has missed out on almost $90 million dollars over the last four years.

The current State Governor and the Mayor of Niagara Falls have called down the Senecas on almost a weekly basis over this dispute, never once acknowledging any validity to the Seneca position. They have threatened to drive them out of business, take more market share and even allow their facility to burn down while they watch.

Some of this changed last week when in an upset victory for Andrew Cuomo, the Senecas offered to give up over $400 million of what they have held, pocketing a little over $200 million for the State's breach, but agreeing to concede the breach going forward while paying the full 25%, all so the governor would be nicer to them going forward. The host communities of Niagara Falls, Buffalo and Salamanca would get the full shot the State had cost them and never look back at what was said or done during the conflict.

While many Seneca people feel betrayed by their elected officials, those same officials have said sure we gave into the State but we got to keep almost a third of our money and if we quietly pay the 25% going forward and ignore the market share loss to the State facilities that operate in breach of our exclusivity provision they won't steal anymore than what they are currently stealing.

Is this a good "deal" for the Senecas? If paying $200 million a year to Albany while they still compete, still interfere with Native to Native trade, still tie up Native businesses in frivolous law suits and continue to suggest they are entitled to gaming revenue, for a promise, the likes of which that are never kept, is "good"; then, Yes. Yes, it is a good deal.

Is it a good deal for Western New York? Well, if $200 million per year is sucked out of the region to Albany and only $50 million comes back, that is still a net loss of $150 million to the region. If the Senecas kept that money, it most certainly would be spent in Western New York if not invested in more and diversified economic development. Do we ever really know what happens to money that goes to Albany? Keep in mind that this is not "free" money. It is money from the people of WNY. It is not from international tourists or "high rollers" or investment bankers. It is from the common guy who lives within a 50 mile radius of these facilities that buy into the "dollar and a dream" campaign but justify their losses as entertainment. No, this one is a farther stretch than the previous question. No, its a bad deal for the region but if you are hater of Native people or just don't like the idea of "uppity Injuns", then maybe it's worth it. Especially if you only have to appear gracious at press conferences.    

Member of Native American community warns of possible Thruway demonstration

Eileen Buckley WBFO News

"This isn't just a function of annoying the Seneca leadership.  The Seneca people are very angered by this," said John Kane, host of Let's Talk Native. 

As a Native American, Kane has close connections with those in the Seneca Nation Community. 

Enlarge image

John Kane, host of Let's Talk Native

Kane said New York State has been stacking up too many issues against Native Americas, from gaming issues to lawsuits against native brands, taxes and seizures. 

"There is talk of a Thruway event because if the governor is going to try to interfere with their national commerce, in terms of gaming, and their private sector commerce, in terms of tobacco...you're going to see reaction and there is a lot of talk of a Thruway event," said Kane.

WBFO News asked Kane when this demonstration could occur and what members of the Senecas are planning.

"What I'm hearing is there is a plan to close the Thruway from a demonstration standpoint.  I don't think anybody is talking tire fires or bulldozing the Thruway.  But I think there is talk about doing an event that is going to spill out on the Thruway and clearly grab the attention of the media and grab the attention of Governor Cuomo," said Kane.

In 1997, the Senecas demonstrated against the states sales tax on native lands shutting down a section of the Thruway. Protestors lit fires and got into scuffles with state police. 

Kane said Cuomo continues to threaten the Seneca's for failure to provide casino revenue payments. But Kane noted that this issue remains in arbitration.  Kane claims the governor is failing to follow a gag order recommended by the arbitration hearing officer.

Hear the audio at: http://news.wbfo.org/post/member-native-american-community-warns-possible-thruway-demonstration

No Confederate Flags, Wiccan Symbols, Nazi Crosses or Eagle Feathers at Graduation!

Although, certainly, none is really required, a thoughtful and respectful request was made by several Native students graduating from Gowanda High School to wear eagle feathers with their caps and gowns at Graduation.
 
This is certainly not a new issue. Beyond several national news stories that have hit the news already this year, my son wore an eagle feather back in 2005 when he graduated from Gowanda. It was no secret and, in fact, when he announced to school officials, at that time, his intentions, there was some question as to whether they would allow him to participate in the Graduation ceremony. He, indeed, did participate, eagle feather and all.

In 2007, Frank John wore an eagle feather as well, again over the objection and disapproving stares of Gowanda School officials. The school superintendent, Chuck Rinaldi attempted to convince Ross John, Sr. to bring his son into line, expressing his disappointment in Frank's refusal to obey the "rules". Ross obviously stood with his son on this and Frank, like my son before him graduated with distinction and honor.

The same superintendent who served in the position in 2005 and 2007 offered the written response to the request. "To the Native American Members of the Class of 2013:... I regret to disappoint you but the Board was not able to reach a majority decision that would have granted permission for students to wear an eagle feather."

Certainly there is not a Native person alive today that is not aware of the ignorance and racism toward them that is harbored by many around our communities. The struggle for some to keep this sentiment neatly below the surface is very difficult and sometimes, impossible. So the failure to grant permission is no surprise and so like every other year when students desired to express pride in who they are, Native students will do so again this year against the backdrop of disapproving eyes from the school board and school officials.

 
The failure of politicians even at this level to address simple issues is now the rule rather than the exception. However the reasons expressed by Mr. Rinaldi and the Board simply defy the very idea that any of them should be involved in education.

 
The first reason they listed was whether it was legal for a school district to condone the wearing of a feather, especially considering that the "American eagle is a protected species". What does that say about the intelligence of those involve with the education of children when such a simple and basic question eludes their ability to get an answer? Were they really afraid the "Savages" would go on an eagle killing spree for graduation?

The next question they wrestled with was whether the Seneca Nation would approve or any other "tribal organization" for that matter. There "simply was not enough time to research the questions". Apparently 8 years or even 6 years was not enough time to determine if the Seneca Nation and other organizations that host Pow Wows, parades, festivals and ceremonies with enough eagle feathers worn to make Big Bird jealous could approve of such a thing.

But the third question and the one they always have to get to is: What if? "What would the board do if a different student or students decided to wear symbols representing their personal religious, ethnic or racial group?" "What if someone showed up with a confederate flag, wiccan (witch) symbol or in the extreme, Nazi cross?" Although I am not sure I even need to address the disrespectful and insulting analogy made between a symbol of our identity and the choices Mr. Rinaldi made for comparison, let me say it is amazing how he or anyone on the Board could maintain this level of ignorance about who and what Native people are. Seneca is not a religion. Mohawk is not an ethnicity and Cayuga is not a race. Tuscarora is not a belief and Onondaga is not a lifestyle choice. We are not Native Americans. We are Onkwe Ohnwe, real human beings with a culture, a history, a future and ties to our homeland that Americans can't begin to understand. And these comments make it obvious. An eagle feather is not the symbol of a belief system or a philosophy. It is a symbol of respect and honor and the connection that we have for each other, our past and to nature. It also represents a reminder to stay vigilant and aware of the threats to our people; threats such as those born out of ignorance and racism.

What would happen if someone showed up with an American flag and everyone stood and pledged to it, or if a Christian prayer was said, or if someone wore a cross or a Crucifix? Nothing!

 

The Inherent Sovereignty of the Haudenosaunee

In 1776, when a group of British subjects wished to break off from their empire, there was more than just a battle that needed to be fought. First, their needed to be a rationale, a philosophy that the rest of the world (Europe in particular) could embrace for such a revolt. That rationale was laid out in the Declaration of Independence of the thirteen United States of America. “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” However, for Europeans that truth was not so self-evident.

Under the yoke of Europe's monarchies, all men were not regarded as equal and all rights came not from Creation but from the thrones, the royal families. The “Sovereignty” of the monarchs was derived from one of the biggest lies ever perpetrated by man: that “God” bestowed a “divine” and ultimate power upon chosen ones to rule over all others. The kings and queens of Europe ruled on the myth that they were chosen by God to wield ultimate and unlimited power over man and Earth. The vast majority, those not chosen by God, had no inherent right to liberty or the pursuit of happiness. All privilege came from the throne and even life was a privilege dispensed or limited at the whim of these “rulers”.

For thousands of years the Haudenosaunee lived in a world where only Nature and the natural order of things provided the paths for life. Sovereignty was inherent, it was a birthright, it was “unalienable”.  Respect for the paths of all the elements of creation guided our own journey through the generations. The power and authority to carry ourselves was an individual right and it was our obligation. Our sovereignty was not a “collective right” but a right we defended collectively. Our people were not “governed” or led by a chosen few but, rather, served by them. The consent of the people was essential for all major decisions. This was the rationale adopted by this breakaway group of white men, which is now sold to the rest of the world as the "great experiment" that is the United States, at least in words.

This “Declaration of Independence” stated as a matter of fact that the “just powers” of a government derived those powers from the “consent of the governed”. The clear implication was that the power was from the people and any “authority” NOT derived from the consent of the people was NOT just. This too came directly from the philosophy and path of the Haudenosaunee. Those who were chosen for specific responsibilities were not raised up as leaders but rather placed in the service of their people; servants of the people. The young United States made commitments to adopt this concept as well. But responsibilities often are confused with authority, especially for those who lived for centuries under a hierarchy, a class system, male dominance and tremendous disparity. The influences of the European system not only corrupted the intentions of their children but, ultimately, took its toll on our ways that survived the ages as well.

Make no mistake; whether the citizens of the United States now look at their elected positions as "rulers" rather than "servants", whether they now accept their birthrights as extinguished and their rights and privileges as “grants” from those "rulers", the Haudenosaunee do not!  Whether elected by popular vote or selected through clans, those chosen by the people are SERVANTS. Those that sit in council for their people have no authority on their own. Resolutions, decisions and proposals can only be reached with and by the consent of the people.

Since our sovereignty remains vested in the people, the constant scrutiny over the authority of our people set against the assumed and exaggerated authority of “tribal leadership” by non-native government officials must be called out. What some regard as the “Nation” is, in fact, "the People". The “Nation” is not a council, a chief, a president, a chairman or a trustee. Again, these are servants of the people.

Our livelihoods are the means for our survival. The right to carry ourselves is the assertion of our inherent right, our sovereignty. This has always been our truth. 

Before we appropriated words like "sovereignty", we said "Tewatahtawi": "We carry ourselves." 

The trade conducted within our territories and between our territories is the most vital and sustaining commerce we have. Our individual Native-to-Native trade IS Nation-to-Nation trade as it is a transaction from one Native territory to another. An act of aggression by a non-native government, agency or official against an individual conducting a lawful act on Native land or between Native lands is an act of aggression against our Nations. Violating the sovereignty of an individual, violates the sovereignty of us all. Commerce conducted from one Native territory to another Native territory by our people is a sovereign act in our free use and enjoyment of our lands and the right to sustain ourselves without interference, whether that commerce is carried out by individuals or an agency or designee of the people.

Sovereignty is not our defense. It is what we defend!    

MY Sovereignty is not YOUR American Dream

  

I often hear people say that standing on your birthright is too idealistic, to claim sovereignty sounds good but you can't defend yourselves with sovereignty; it won't hold up in court. I don't even know how to respond to this fully but let me start by saying this:

Sovereignty, our birthright, is not our defense; it is WHAT we defend! I don't fight for money or cigarettes or casinos. I fight for our right to live our lives and provide for our families and communities. I defend the right to speak and teach the truth. I defend our right to trade and work independent of state and federal regulations. I don't want to look for a loophole in state or federal regulations that a profitable Native business can slip through. I don't want to "smuggle" my belongings from territory to territory to trade with my relatives and the people I share 10,000 years of history with just because the recent occupiers of our lands protest it. I can also no longer allow a land we were once willing to share, be destroyed by those who never understood the concept.

My birthright was not stripped by the children who escaped the oppression of their parents. Time did not erase my sovereignty. I was not conquered nor was I bought and paid for. I did not pledge allegiance to your flag or to the republic for which it stood. Your courts did not and cannot make me theirs. Your legislatures cannot declare me one of them. No chief, no council, no president, no king, no state, no province and no nation can simply claim my birthright. My sovereignty comes from Creation. It doesn't come from a treaty, a handshake, a church, a crown or even a wampum belt. No army defends my right to speak or provides for my freedom. My freedom only ends when I stop defending it. And just because my defense may not appear to have held once, doesn't mean I won't defend it again and again. My freedom surely does not give me the right to infringe upon the freedoms of others but likewise nor can a foreign authority assume the just power to regulate the metes and bounds of my freedom. My freedom, my birthright and my sovereignty may be infringed upon but it is not lost until I say so. No "deal" from the past and none in the present or future can sell out the freedoms of others.

Nowhere in, what some call, “our original instructions" do the words "American Dream" appear. This is neither a part of our history nor our future. The pursuit of this fallacy is destructive. It includes greed, fraud, racism, exploitation, treason and the loss of everything that creation provides to us all at birth. It equates wealth with success. Wealth is determined by how many more THINGS can be accumulated or consumed by one man compared to his neighbor. Quality of life is replaced by quantity of things. The almost complete disregard for the toll of consumption on the planet, our neighbors, our friends and our families shows on the climate, in the suicides, the cases of depression and on the consumption of drugs and alcohol. The next shiny object is the pursuit; the gold, the diamonds, the boob jobs and blow jobs. Isn't that right, Columbus? Ain't that the truth Governor Spitzer? President Clinton? The American Dream is not in our vessel; it was placed in yours. It is not on our path; it is what leads us off it.

So the let the 44th Rahnatakaias (the Mohawk word for the US President, which means Town Destroyer) in Washington, and all those that will come after him, keep their "equal opportunity to pursue the American Dream" for the American dreamers. As Native people, we need to look to each other, not to defend our collective sovereignty but to defend our sovereignty collectively. No lawyer in any court; ours, theirs or the world’s, can do it. A birthright cannot be won in court. It was already awarded at birth; by Creation.

There have always been those of us carrying this message. Generation after generation has had true Warriors. The difference today is that in a world of Arab Springs and Red Winters, there is hope in resisting. We are not minorities clamoring for civil rights. We are sovereign Peoples on sovereign lands but we are also in every city, state and province. 

The Governor's "New" Good Ideas

New York State Governor Andrew Cuomo recently gave his State of the State Budget address. In it he proposed a couple of brand new ideas to stimulate the economy and raise revenue for the State of New York.

The first of his innovative ideas is to create retail establishments in areas that are in dire need of help to bolster their economies. The shops would be allowed to sell merchandise without the oppressive State taxes normally associated with certain products. These shops would only be in certain designated locations and would allow consumers to avoid these oppressive taxes that would still exist everywhere else. The consumers who avoid State tax by patronizing these shops would incur no liability for tax evasion. In fact their purchases are intended to stimulate the local economy, help the NY producers of these products and help keep dollars circulating within those communities and the State for a longer duration. This is being touted as a tourism  program with the hope of attracting out of state consumers to make the trip to these shops and purchase these tax free products thereby giving travelers from other tax jurisdictions the opportunity to avoid their own regions oppressive taxes to New York State's benefit.

Now you might be asking what products is Mr. Cuomo speaking of here. It can't be the state's agricultural products; there is no tax on produce. The answer is simple and obvious: Wine! The key is finding a product that is heavily regulated, over taxed, some what addictive and can be identified with a specific region. Then you strip away the regulations and the tax but only in "special" locations and Bingo! you have a new twist on an old industry. The wine producers of New York will now have streamlined flow to retail. A new breed of retail establishments can emerge to provide jobs, good investments, tourism and most importantly create a flow of revenue that does not leave an area as fast as it comes.

I don't know. Sounds kind of fishy to me; almost "black market". Tax free booze, cheap and more financially accessible? I thought alcohol was a vice. Should New York State be encouraging the growth in the consumption of alcohol? Could this encourage an illicit wine trade? What about all those fine tax paying retailers who won't be able to compete with the new State duty-free wine shops. What about all the lost revenue? Can New York State afford to lose tax revenue? This sounds awfully familiar.....

Oh yeah! Those goddamn Indians. Does this mean that the Governor finally realizes that this very same idea that has been developing for over 30 years in the Native tobacco trade is not a bad thing? Does this mean Mr. Cuomo has looked at real data and realized that the State has actually benefited from Native tax-free sales? Could it be that the manufacturing on Native lands, the wholesaling, distribution and retail now makes sense to those in Albany? Does this mean the New York State Department of Taxation and Finance can finally stop seizing Native brands transported by Native wholesalers from one Native territory to another Native territory? That Native to Native commerce can finally exist without the threat of having loads hijacked by the State? Does this mean the NYS Attorney General will drop his suits against Native manufacturers and withdraw the cease and desist letters to others attempting to block the products entry to the State even though it is just passing through en route to Native lands? Will the federal Bureau of Alcohol, Tobacco and Firearms finally stop characterizing Native tobacco products as contraband simply because they bear no tax stamp from the State and finally cease their raids?

Don't kid yourself! In spite of the hypocrisy, the evidence and the obvious economic benefits to the State, Cuomo is still hellbent on killing Native smoke shops. Is it an Italian thing or does "Duty-Free Wine Shop" just sound better?

What was that second great idea the Governor had again? Oh Yeah! Casinos! How does he keep coming up with this stuff? It's great to be Chief!