Kim Kalliber, Author at Tulalip News

Coal Ships And Tribal Fishing Grounds

BELLINGHAM, Wash. — Dozens upon dozens of crab pot buoys dot the waters around Jay Julius’ fishing boat as he points the bow towards Cherry Point. The spit of land juts into northern Puget Sound.

SSA Marine says Cherry Point is an excellent location to build a terminal because it’s surrounded by deep water with quick access to the Strait of Juan de Fuca and the Pacific Ocean. If the company has its way, up to 48 million tons of coal could move through these waters each year aboard more than 450 large ships bound for the Asian market.

But if the Lummi and other tribes exercise their treaty fishing rights, there may not be any coal ships servicing American terminals in these waters.

Watch: Tribal members talk about coal exports and their fishing rights:

‘People of the Sea’

One out of every ten members of the Lummi Nation has a fishing license. Ancestors of the Lummi, or “People of the Sea” as they are known, and other Salish Sea peoples have fished the waters surrounding Cherry Point for more than 3,000 years. Today Lummi tribal officials are sounding the alarm about the impacts the Gateway Pacific Terminal could have on the tribe’s halibut, shrimp, shellfish and salmon fishery, which is worth a combined copy5 million annually.

“You have numerous fishermen up here right now,” says Julius, a member of the Lummi tribal council. He’s gesturing at the nearby crab pots as his boat idles a little more than 50 yards from the proposed site of the Gateway Pacific Terminal, one of three coal export facilities under consideration in Oregon and Washington. “What does that mean to our treaty right to fish? This would be no more.”

Tribal treaty fishing rights could play a major role in the review process for the Gateway Pacific Terminal. According to the Northwest Indian Fisheries Commission, nine tribes’ treaty fishing grounds would be impacted by the Gateway Pacific Terminal and the vessel traffic it would draw.

‘Usual and Accustomed’ Fishing Areas

In the mid-1800s tribes in this region signed treaties with the federal government, ceding millions of acres of their land. Native American populations plummeted and the survivors were relegated to reservations. But the tribal leaders of the time did a very smart thing, says Tim Brewer, a lawyer with the Tulalip tribe in northwestern Washington.

“They insisted on reserving the right to continue to fish in their usual and accustomed fishing areas. It is an extremely important part of the treaty,” Brewer says.

Lummi tribal fishermen at the end of a day on the water. (Ashley Ahearn)

Those treaty rights weren’t enforced in Washington until a landmark court decision in 1974 known as the Boldt Decision. It forced the state to follow up on the treaty promise of fishing rights that were made to the tribes more than a century before.

Brewer says the phrase: “usual and accustomed”—language that appears in the treaties signed by the Lummi and many other Northwest tribes—has implications for development projects, like coal terminals.

“If a project is going to impair access to a fishing ground and that impairment is significant that project can not move forward without violating the treaty right,” he says.

Since the mid-‘70s, tribes have begun to flex those treaty muscles.

In 1992 the Lummi stopped a net pen fish farm that was proposed for the waters off of Lummi Island by a company called Northwest Sea Farms.

The Lummi demonstrated that constructing the floating net pens would block tribal access to their usual and accustomed fishing grounds. “In that case the (U.S. Army) Corps of Engineers denied that permit on that basis,” Brewer says. “There was no agreement that was able to be worked out there.”

But, in other situations, agreements have been made.

Dwight Jones, general manager of Elliott Bay Marina. (Ashley Ahearn)

Though it’s a ways away, the iconic Seattle Space Needle peeks out amongst the masts of hundreds of sailboats neatly tucked into their berths at the Elliott Bay Marina, just north of downtown. It’s the largest privately-owned marina on the West Coast. And it was built within the usual and accustomed fishing area of the Muckleshoot tribe, back in 1991.

It took 10 years of environmental review. The Muckleshoot fought the project.

“It was contentious, I guess would be the right word,” says Dwight Jones, the general manager of Elliott Bay Marina. The Muckleshoot “could have stopped the marina from being built.”

But instead the tribe came to an agreement with the backers of the Elliott Bay Marina.

Muckleshoot tribal members contacted for comment on this story did not respond.

Jones says the owners of Elliott Bay Marina paid the Muckleshoot more than copy million up front and for the next 100 years they will give the tribe 8 percent of their gross annual revenue.

“Anyone who’s in business can tell you that 8 percent of your gross revenues is a huge number,” he says. “It really affects your viability as a business.”

When asked if he had any advice for companies that want to build coal terminals in the Northwest, Jones laughed.

“I’d say good luck. There will be a lot of costs and chances are the tribes will probably negotiate a settlement that works well for them and it will not be cheap,” he responded.

Deal or No Deal?

SSA Marine and Pacific International Terminals—the companies that want to build the terminal at Cherry Point—have lawyers and staff members working to make a deal with the Lummi to get the terminal built. The companies declined repeated requests to be interviewed on the subject.

“I think they’re quite disgusting,” says Lummi council member Julius when asked how he feels about the terminal backers’ efforts to make inroads with the Lummi. “It’s nothing new, the way they’re trying to infiltrate our nation, contaminate it, use people.”

This past summer Julius and the Lummi tribal council sent a letter to the Army Corps of Engineers. The federal agency will have final say over the key permits for the coal terminal.

In the letter the Lummi assert their “unconditional and unequivocal” opposition to the project, and lay out the reasoning behind their position, which centers around threats to treaty fishing rights and the tribe’s cultural and spiritual heritage at Cherry Point.

But there’s a line at the end of the letter, which legal experts and the Army Corps of Engineers say leaves the door open for continuing negotiation on the Gateway Pacific Terminal. It reads:

“These comments in no way waive any future opportunity to participate in government-to-government consultation regarding the proposed projects.”

Diana Bob, the Lummi tribal attorney who was involved in drafting the letter, declined to be interviewed for this series.

This is the second of a two-part series originally published at Earthfix.opb.org. ICTMN posted Part I last week.

More Than 4,000 Indigenous Children Died in Canada’s Residential Schools: Commission

DAVE CHAN/POSTMEDIA NEWSKimberly Murray, executive director of Canada's Truth and Reconciliation Commission, says there is evidence that at least 4,000 indigenous children died in residential schools. — DAVE CHAN/POSTMEDIA NEWS
Kimberly Murray, executive director of Canada’s Truth and Reconciliation Commission, says there is evidence that at least 4,000 indigenous children died in residential schools.

ICTMN Staff 1/7/14

The dark years of the residential schools era in Canada have long obscured the fate of many of the 150,000 indigenous children who were taken from their families from the 1860s through the 1990s and “educated” with the goal of “killing the Indian in the child,” as the motto went.

Though about 80,000 of these former students survive, many were never accounted for. Until now.

The Truth and Reconciliation Commission (TRC), mandated to unmask what really went on at the schools, has documented the deaths of at least 4,000 children during that chapter in Canada’s history. And that’s just the ones they know about, Postmedia News reported on January 3.

The figures, based on only partial federal government records, is expected to rise as more complete records come to light, Postmedia News said.

From fires, to abuse, to disease, even to suicide, indigenous children died in droves. They were buried in unmarked graves near the schools because the Canadian government did not want to pay to have them shipped back home. Moreover, in many cases the parents were never told what happened to their children, Postmedia News said.

A lack of fire escapes was one glaring example of how the system not only didn’t care for the children but also outrightly put them in danger. Many schools refused to install fire escapes, instead putting poles outside of windows for children to slide down, fireman style. But with windows locked to prevent escape, children were unable to reach the poles, PostMedia News said. Neither were there sprinkler systems, despite numerous reports calling the schools firetraps and recommending the measures.

“It’s amazing that they didn’t make those corrections in those schools,” said TRC Executive Director Kimberly Murray, in an interview with PostMedia News. “There are just so many deaths that I think could have been prevented if they had done what they were supposed to do.”

Part of the commission’s work has been to establish a data base of the children’s names, cause of death and burial places, known as “The Missing Children Project,” Postmedia News said. The TRC’s full report, due out in 2015, will tell the full story of the deceased children.

Full story: At Least 4,000 Aboriginal Children Died in Residential Schools, Commission Finds

‘Not Even Human’ How Canadian Govt. Abused Aboriginal Children in TB Experiments

Tulalip cyclist hit by car is on life support

Herald staff

SEATTLE — A Tulalip man remained on life support Wednesday after being struck by a car while riding a bicycle the night before.

Joseph Harvey, 35, was being treated at Harborview Medical Center in Seattle, said his brother, John Harvey.

Joseph Harvey is a tribal member and attended Arlington High School, according to his family.

He was in critical condition Wednesday, hospital officials said.

The collision was reported about 6:45 p.m. Tuesday along 35th Avenue NE, just west of I-5.

The Snohomish County sheriff’s collision detectives are investigating.

The driver stayed at the scene and called 911, sheriff’s spokeswoman Shari Ireton said. At this point in the investigation, police don’t expect to seek criminal charges.

United Way of Snohomish County offering $51,000 in grants to support financial education; application deadline is Jan. 17

(Everett, WA) – United Way of Snohomish County is offering $51,000 to support financial education and financial coaching serving low- or moderate-income individuals and families. Grants may be used to support classroom instruction, one-on-one counseling or a combination.

“Financial stability is the cornerstone of a healthy community,” said Dennis G. Smith, president and CEO of United Way of Snohomish County. “These grants will help provide families in our community much needed access to financial education and counseling.”

Programs could include money management, savings, budgeting, avoiding fraud, credit management or other financial topics relevant to low-and-moderate-income families. Funds may be used to support or expand financial asset building services or to develop a new financial education offering.

The maximum award for a grant is $15,000. Organizations currently receiving United Way multi-year program grants are eligible for funding, including programs presently funded. For programs currently receiving a multi-year program grant, funds must be used to either expand or enhance impact.

The grant application and instructions can be found on United Way’s website at http://www.uwsc.org/financialeducationgrants.php.

For more information, please contact Lark Kesterke at lark.kesterke@uwsc.org or 425.374.5506.

Two years ago, eight groups received a total of $40,000 in financial education grants from United Way. Both that round of funding and this one were made possible through a grant from The Boeing Company to United Way.

Free tax preparation, encouraging people to purchase U.S. Savings Bonds and other financial education programs, in addition to these grants, are part of United Way’s overall effort to help Snohomish County families achieve and maintain financial stability.

Attawapiskat Chief Spence calls for chiefs to form united front and confront Ottawa

Attawapiskat Chief Theresa Spence last January on Victoria Island during her fast.

APTN National News
With one of her closest aides on a walk to Ottawa, Attawapiskat Chief Theresa Spence released an open letter Tuesday calling on First nation leaders to form a united front and confront Ottawa.

Spence’s letter is addressed to Assembly of First Nations National Chief Shawn Atleo and senior chiefs in Ontario.

“Chiefs, why are you watching your people agonize when they raise their voices and struggle for their rights and protect our signed treaties?” said Spence, in the letter. “It’s so anguishing to watch the walkers go through the discomfort…as the chiefs are in comfortable zone. What does it take for the leadership to understand and feel the distress for the people that are fighting for the rights for justice, peace, freedom and to renew the treaty relationship and to honour the spirit and intent of the treaty?”

Danny Metatawabin, Brian Okimaw and Paul Mattinas and Remi Nakogee began walking Saturday from Attawapiskat down a snowmobile trail that passes through Kashechewan and Fort Albany before hitting Moosonee, Ont.

The walk is dubbed, “Reclaiming Our Steps Past, Present and Future.”

Metatawabin was one of Spence’s closest aides during the Attawapiskat chief’s liquids-only fast which lasted from mid-December 2012 to mid-January 2013.

Spence said the walk is meant to remind chiefs about the promises that were made to end her fast.

“Danny’s quest is to remind all chiefs and the government of Canada of the undertakings promised during last year’s struggle which remain outstanding,” said Spence.

In her letter, Spence calls on First Nations chiefs to form a united front to confront Ottawa.

“I call upon you, to listen to the concerns of your membership, to heed their advice, and to call upon your fellow chiefs and set up a special meeting to develop a united stand for the future of our nations,” said Spence.

Spence calls on the chiefs to also organize a meeting with the federal government.

“If the chiefs fail to heed the advice contained in this open letter to engage in solidarity with their members to advocate for their members and to protect the needs of our people and treaties, I will call upon my grassroots people, treaty partners, Canadians and our neighbours from other countries to expose all of the wrongful acts and abusive actions…imposed to our people and continue to impact generations of our people to this day.”

Tulalip Tribes Culture Night, January 13

Is ‘Polar Vortex’ Attributable to Climate Change? Yes.

A person walks in frigid temperatures near Constitution Avenue, Tuesday, Jan. 7, 2014, in Washington. The National Weather Service said the mercury bottomed out at 3 degrees before sunrise at Baltimore-Washington Thurgood Marshall International Airport, with a wind chill of minus 16. (AP Photo/Luis M. Alvarez)

As temperatures plummet, a reminder: ‘Every weather event in the modern world is attributable to climate change.’

By John Queally Mint Press News

Weather isn’t climate and the climate isn’t weather, but if someone asks whether the ‘polar vortex’ now being experience by tens of millions of people across the country is driven by climate change, you don’t have to wait for the next wave of scientific research to come out. The answer is ‘Yes.’

Sadly and predictably, however—as much of the nation faces the coldest temperatures seen in nearly two decades on Monday and into Tuesday— the push of bone-chilling arctic air into southern Canada and much of the United States has the climate change denialists pushing their familiar falsehoods about how near-record lows nationwide somehow disproves global warming.

In just one example, multi-millionaire and political pundit Donald Trump took to Fox News on Monday morning to say that the freezing temperatures help prove that there is a great “hoax” around climate change. “You know,” Tump said when asked to explain, “I think the scientists are having a lot of fun.”

On Monday, federal and state agencies issued dire warnings about freezing temperatures that have blanketed the midwest, saying that millions of Americans are under threat by windchill temperatures today and tomorrow that could be life-threatening. Temperature readings, factoring in windchill effect, were reported as low as -63°F in Montana and -50°F in places in North Dakota and Minnesota.

But the effort by Trump and others to portray the phenomenon known as the “arctic vortex” as some an event that discredits the international scientific consensus on the relationship between industrial society’s relationship to planetary climate change, however, is being met with a firm rebuke of its own by climate activists, weather experts, and scientists.

As climate justice campaigner Jamie Henn of 350.org tweeted Monday:

No, the cold snap doesn’t mean global warming is over, the Arctic is just drunk: http://bit.ly/1cwuOOP

The article referenced by Henn, wrriten by Greg Landen at ScienceBlogs.com, says that the “apparent contrast between extreme cold and global warming is actually an illusion.”

In what way? Landen continues:

The Polar Vortex, a huge system of moving swirling air that normally contains the polar cold air, has shifted so it is not sitting right on the pole as it usually does. We are not seeing an expansion of cold, an ice age, or an anti-global warming phenomenon. We are seeing the usual cold polar air taking an excursion.

So, this cold weather we are having does not disprove global warming.

In fact, it may be because of global warming. The Polar Vortex can go off center any given winter, but we have been having some strange large scale weather activity over the last few years that is thought to be related to global warming that may have contributed to this particular weather event (explained here). This may be an effect of this strangeness, though the jury is still probably out on this particular weather event.

According to Dr. Dim Coumou, a senior scientist at the Potsdam Institute for Climate Impact Research (PIK) near Berlin, who spoke to Agence France-Presse, what drives the polar vortex is the difference in temperature between the Arctic region and those in the mid-latitudes closer to the equator.

“The reason why we see these strong meanderings is still not fully settled,” Coumou told AFP, “but it’s clear that the Arctic has been warming very rapidly. We have good data on this. Arctic temperatures have risen much more than other parts of the globe.”

The idea that any particular “weather event” is or is not climate change, however, belies the deeper fact that all weather events are complex results of underlying climate conditions. As Jim Naureckas, a journalist at the media watchdog group FAIR, explained to his readers in the aftermath of Typhoon Haiyan in the Philippines last year, “attributing particular weather events to climate change is ridiculously easy.”

The reason for that, he continues, is because (emphasis his):

“Every weather event in the modern world is attributable to climate change. This is because weather is a chaotic system, which is to say it varies wildly based on initial conditions. Once we raised global temperature by a degree Celsius—which is an enormous intervention in the physical world—we irrevocably changed all weather, producing an entirely different set of events than the ones that would have otherwise occurred.”

In other words, the whole debate about whether this hurricane, that tornado, or the current ‘polar vortex’ is or isn’t climate change misses the point.

Writing about the climate dynamics that are driving the current ‘polar vortex’ event Jeff Masters, meteorologist and founder of the popular Wunderground blog, explains:

In the winter, the 24-hour darkness over the snow and ice-covered polar regions allows a huge dome of cold air to form. This cold air increases the difference in temperature between the pole and the Equator, and leads to an intensification of the strong upper-level winds of the jet stream. The strong jet stream winds act to isolate the polar regions from intrusions of warmer air, creating a “polar vortex” of frigid counter-clockwise swirling air over the Arctic. The chaotic flow of the air in the polar vortex sometimes allows a large dip (a sharp trough of low pressure) to form in the jet stream over North America, allowing the Arctic air that had been steadily cooling in the northern reaches of Canada in areas with 24-hour darkness to spill southwards deep into the United States. In theory, the 1.5°F increase in global surface temperatures that Earth has experienced since 1880 due to global warming should reduce the frequency of 1-in-20 year extreme cold weather events like the current one. However, it is possible that climate change could alter jet stream circulation patterns in a way that could increase the incidence of unusual jet stream “kinks” that allow cold air to spill southwards over the Eastern U.S., a topic I have blogged about extensively, and plan to say more about later this week.

Lastly, this video posted at the Mother Nature Network and featuring Masters as well as Rutgers University professor Jennifer Francis, helps explain the dynamics by which a warming planet can result in freezing cold weather patterns and extremes of all kinds:

EPA Proposes Standards For Cleaner Burning Wood Stoves

The U.S. Environmental Protection Agency has proposed new standards that would require cleaner burning wood stoves. | credit: EPA/Flickr

By Amelia Templeton, Earth Fix

The U.S. Environmental Protection Agency has proposed stricter air emissions standards for wood stoves. It also plans to regulate, for the first time, emissions from pellet stoves, fireplace inserts and other wood burning devices.

The EPA proposal comes on the heels of a lawsuit filed by the Puget Sound Clean Air Agency, Oregon and six other states. They alleged that the EPA’s failure to update manufacturing standards for wood stoves since 1988 violated the Clean Air Act and left rural residents at risk of health and breathing problems.

Read: Oregon, Puget Sound Air Agency Sue EPA For Tougher Wood Stove Regs

Craig Kenworthy, executive director of the Puget Sound Clean Air Agency, said in the short term the EPA’s proposed rule would in effect catch the rest of the country up to the Northwest, where state emissions standards require new stoves to emit no more than 4.5 grams of particulates per hour.

“The technology and the ability of companies to make cleaner devices has made leaps and bounds. I think Oregon and Washington have proved that the first EPA standard is achievable. We’ve had a market, and had manufacturers meeting that market,” Kenworthy said.

Over a five-year period, the EPA has proposed ramping up its standards, eventually requiring new stoves to emit no more than 1.3 grams of particle pollution per hour. The fine particles of pollution in wood smoke have been linked to asthma, respiratory problems, heart attack, cancer and premature deaths. Several cities in the Northwest including Tacoma, Wash., Oak Ridge Ore. and Klamath Falls, Ore. have struggled to meet national air quality standards due to wood stove and fireplace smoke. In Oregon, homeowners are required to remove old wood stoves before selling their home and Washington bans the sale of older models.

But tightening standards for new stoves is also an important part of tackling wood smoke pollution in growing communities, Kenworthy said.

“As growth occurs in these communities, over time even the cleaner devices could overwhelm the gains we’re making in removing the older devices.”

Wood stove manufacturers located in the Northwest said they welcome the new proposed standards and have invested heavily in research and development of clean-burning technology. One of the largest wood stove builders in the country, Travis Industries, is located in Mukilteo, Wash. and has built a reputation for designing high efficiency clean-burning stoves.

Last year, Travis was selected to compete in a “Wood Stove Decathlon” that highlighted the best stove designs from around the world.

The Cape Cod

Travis’s Cape Cod stove emits less than a half-gram of particulates per hour, making it the cleanest-burning EPA certified wood stove.

Perry Ranes, the national sales manger for Travis, said the stove uses two engineering techniques to achieve its emissions reductions: a system that preheats the stove’s air, creating a hotter fire that combusts the wood more completely, and a catalytic combustor that burns up any leftover soot particles. The real trick, Ranes said, is a design that’s efficient and also looks good.

“The secret to all of this is not only designing something that the average individual can use, but at the same time is something that’s eye-appealing that you’d really like to have in your home,” Ranes said.

The EPA estimates the health and economic benefits of the proposed standards at $1.8 to $2.4 billion annually.  The agency is taking comments on the proposed rule for 90 days and expects to issue a final rule in 2015.

Wash. Officials Say Shellfish Is Safe For China To Import

Ashley Ahearn, Earth Fix

SEATTLE — Washington state officials said Tuesday they found lower contamination levels when they tested geoduck clams than those alleged by China when it said geoduck imported from Puget Sound had high levels of arsenic.

China cited its findings in December when it imposed the largest ban on shellfish imports from Northwest waters — as well as from California and Alaska — in the region’s history.

Chinese officials said they found inorganic arsenic levels of .5 parts per million in the shellfish they tested in October.

But Washington officials’ tests produced different results.

“Only one of the whole samples was above China’s standard of .5 (parts per million) and everything else was below that, so that was good news,” said Dave McBride, who oversaw the testing at the Washington Department of Health.

The Department of Health tested more than 50 geoduck clams from the allegedly contaminated area, analyzing the different body parts of the clams to compare arsenic concentration levels.

The details of the test results are perhaps revealing than the overall “whole sample” figures. The skin of the clams tested by Washington exceeded China’s safe levels of inorganic arsenic by as much as three times, although McBride said that should not be worrisome to China, given how the Chinese consume geoduck clams.

“People generally do not eat the skin and we would advise people, when you eat geoduck, to remove the skin,” he said. “What we think is that, for the vast majority of the public, this is not a health issue at all. Obviously, when we’re talking about a carcinogen there is always the risk for high consumers.”

McBride added that the whole, or averaged samples, for several other clams came close to the .5ppm limit set by the Chinese.

The World Health Organization is said to be considering setting safe levels for inorganic arsenic in food in the .2-.3ppm range in 2014.

The shellfish that tested high for inorganic arsenic in China were harvested from a tract of land managed by the Department of Natural Resources that has since been closed. The tract is within the shadow of a copper smelter that was operated near Tacoma for 100 years.

“Well we know that arsenic levels are elevated in the surface soils in that area,” said Marian Abbett, manager of the Tacoma smelter clean up for the Washington Department of Ecology. Soil samples from the surrounding land show levels of arsenic between 40 and 200ppm, though that number does not directly equate to levels of arsenic that will end up in the water, or in shellfish.

Soil arsenic levels resulting from the historic deposition by the Tacoma smelter
in the vicinity of the geoduck tracts of interest. (Courtesy: ATSDR/DOH)

Inorganic arsenic levels are higher in soils in the area immediately surrounding the smelter, though wind patterns also lead to higher concentrations ending up in soil samples to the northeast of the smelter, where the shellfish were harvested.

“I’d be nervous after a big rainfall event,” said Kathy Cottingham, a professor in the Department of Biological Sciences at Dartmouth College who studies arsenic exposure and human health. “With soils that contaminated you need to worry about the episodic events of a big rainstorm or snowmelt causing pulses into the water.”

The area was closed to all shellfish harvest until 2007, when the Puyallup Tribe petitioned state agencies to reopen the tract for geoduck harvest. At that time the Department of Health conducted tests on geoduck in the area and found levels of .05ppm. That’s an order of magnitude below the amount found by the Chinese in October of 2013 and well within the safety parameters set by the Chinese.

However, state agencies have not tested for inorganic arsenic or other metals in shellfish from the area since it was reopened in 2007.

Arsenic is a carcinogen that has also been associated with long-term respiratory effects, disruption of immune system function, cardiovascular effects, diabetes and neurodevelopmental problems in kids.

“There’s no safe level, but at some point you’ve crossed the threshold to being really dangerous and we don’t quite know where that threshold is at this point,” Cottingham said.

The Food and Drug Administration has delayed setting a safe level for arsenic in food. Washington state does not regularly test for arsenic in shellfish.

McBride said he did not see a need to test the Tacoma site further after his agency’s extensive sampling.

“I think we have a pretty good handle that this area is pretty clean and wouldn’t require further testing,” he said. “The lab results have been sent to (the National Oceanic and Atmospheric Administration) and NOAA has sent them on to the state department to the Chinese (as of yesterday). We’re waiting to hear if and when the ban might be lifted.”

Stephanie Woodard: Mother faces arrest for protecting kids

Source: Indianz.com

A mother from the Rosebud Sioux Tribe faces arrest for protecting her children from an abusive couple:

The emergency room doctor was furious at what he had seen, recalled Audre’y Eby, who is Rosebud Sioux and the mother of disabled 16-year-old twins. One of her sons, who is blind and autistic, squirmed on the examination-room table, screaming, “Ow, ow, it hurts!” The doctor had found livid red and purple bruises covering his penis and scrotum, according to the Nebraska hospital’s records. Those injuries would soon lead to an arrest warrant for the mother—not because she had caused the harm, but because she did not return her son, along with his wheelchair-bound twin, to their abusers.

Indian child welfare expert Frank LaMere called the twins’ situation more extreme than any he’d seen in his many years of work in the field. “These boys are suffering,” said LaMere, who is Winnebago and the director of Four Directions Community Center, in Sioux City, Iowa.

The day before the ER visit, Eby, who is 45, drove from the Nebraska farm where she lives with her husband, Faron, to pick up her boys from their father in Iowa. It was early August of 2013, and she was going to have them for the once-a-month weekend visit the courts allow her. The boys’ father is Eby’s ex-husband; he has physical custody of the kids, and his live-in girlfriend is their primary caretaker. Eby and the boys are Native, and the father and his girlfriend are white—facts that LaMere says overshadow decisions that social-services professionals and the courts make on the children’s behalf.

Get the Story:
Stephanie Woodard: Sioux Mother Rescues Abused Children, Faces Arrest (Indian Country